,,ii #aahth ,,congress #b;d ,session ,s4 #eaca ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ai1 #bjbd,mr4 ,risch 7for himself1 ,mr4 ,ricketts1 ,mr4 ,young1 ,mr4 ,barrasso1 ,mr4 ,crapo1 ,mr4 ,cassidy1 ,mr4 ,sullivan1 ,mr4 ,romney1 ,mr4 ,cornyn1 ,mr4 ,grassley1 and ,mrs4 ,capito7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to advance a competitive strategy against the ,people's ,republic of ,china1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,,strategic ,act of #bjbd4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,countering ,chinese communist party malign influence,subtitle ,a--,amendments to the ,foreign ,agents ,registration ,act of #aich,sec4 #aja4 ,definitions4,sec4 #ajb4 ,treatment of certain exemptions under the ,foreign ,agents ,registration ,act of #aich4,sec4 #ajc4 ,foreign agents registration criminal enforcement4,sec4 #ajd4 ,foreign agents registration civil enforcement4,sec4 #aje4 ,authorizing the ,attorney ,general to issue civil investigative demands to promote enforcement of disclosure requirements for agents of foreign principals4,sec4 #ajf4 ,effective date4,subtitle ,b--,other actions ,to counter ,,ccp malign influence,sec4 #aaa4 ,prohibition on certain gifts and contracts from the ,,prc to certain ,united ,states institutions4,sec4 #aab4 ,requirement for think tanks to disclose foreign funding4,sec4 #aac4 ,amendment to the ,mutual ,education and ,cultural ,exchange ,act of #aifa4,sec4 #aad4 ,establishment of ,countering the ,people's ,republic of ,china ,influence ,fund4,sec4 #aae4 ,notification requirement for participation of ,department of ,state and ,,usaid officials in private events that include the participation of specially designated and blocked persons4,sec4 #aaf4 ,determination with respect to imposition of sanctions with respect to ,united ,front ,work ,department of ,chinese ,communist ,party4,sec4 #aag4 ,department of ,state list of foreign talent recruitment programs of the ,,prc4,sec4 #aah4 ,oversight on climate cooperation with the ,,prc4,sec4 #aai4 ,restriction on issuance of visas4,sec4 #abj4 ,modifying information about countries exporting methamphetamine included in the annual international narcotics control strategy report4,sec4 #aba4 ,report on violations of ,american ,diplomatic ,corps privileges and immunities4,sec4 #abb4 ,annual report on the ,,prc's diplomatic mission engagements4,sec4 #abc4 ,restrictions on foreign missions of the ,,prc in elementary and secondary schools in the ,united ,states4,sec4 #abd4 ,office of the ,special ,envoy for ,critical and ,emerging ,technology4,sec4 #abe4 ,enhanced congressional notification regarding science and technology agreements with the ,,prc4,,title ,,ii--,advancing ,united ,states and partner economic prosperity,sec4 #bja4 ,defined term4,sec4 #bjb4 ,authorization of partnership for global infrastructure and investment4,sec4 #bjc4 ,global ,strategic ,infrastructure ,investment ,fund4,sec4 #bjd4 ,infrastructure transaction and assistance network4,sec4 #bje4 ,regulatory exchanges with allies and partners4,sec4 #bjf4 ,authorization to assist ,united ,states companies with global supply chain diversification and management4,sec4 #bjg4 ,investing in talent in ,southeast ,asia1 the ,pacific ,islands1 ,sub-saharan ,africa1 and ,latin ,america4,sec4 #bjh4 ,pilot program to audit barriers to commerce in developing partner countries4,sec4 #bji4 ,promoting adoption of ,united ,nations convention on the assignment of receivables in international trade4,sec4 #baj4 ,opposing the provision of assistance to the ,people's ,republic of ,china by the multilateral development banks4,sec4 #baa4 ,prohibiting funding for the ,montreal ,protocol on substances that deplete the ozone layer and the ,united ,nations framework convention on climate change until ,china is no longer defined as a developing country4,,title ,,iii--,countering ,china's predatory economic practices,subtitle ,a--,countering ,economic ,coercion,sec4 #cja4 ,short title4,sec4 #cjb4 ,sense of ,congress4,sec4 #cjc4 ,definitions4,sec4 #cjd4 ,determination of economic coercion4,sec4 #cje4 ,authorities to respond to economic coercion4,sec4 #cjf4 ,coordination with allies and partners4,sec4 #cjg4 ,expedited consideration of economic coercion response package4,sec4 #cjh4 ,process for joint resolutions of disapproval4,subtitle ,b--,other matters ,to counter predatory economic practices by the ,people's ,republic of ,china,sec4 #caa4 ,predatory pricing by entities owned1 controlled1 or directed by a foreign state4,sec4 #cab4 ,expansion of offense of theft of trade secrets to include unauthorized development of products and digital articles4,sec4 #cac4 ,review of petitions related to intellectual property theft and forced technology transfer4,sec4 #cad4 ,fostering energy development aligned with partner country needs4,sec4 #cae4 ,opposition of ,united ,states to an increase in weight of ,chinese renminbi in ,special ,drawing ,rights basket of ,international ,monetary ,fund4,sec4 #caf4 ,strengthening congressional oversight of ,special ,drawing ,rights at ,international ,monetary ,fund4,sec4 #cag4 ,security and oversight for international landholdings4,sec4 #cah4 ,intellectual property violators list4,sec4 #cai4 ,annual review of the presence of ,chinese companies in ,united ,states capital markets4,sec4 #cbj4 ,prohibition on availability of funds for procurement of certain batteries4,sec4 #cba4 ,ending support for ,,prc contracts at the ,world ,bank4,sec4 #cbb4 ,report on ,united ,states development efforts to counter the ,,prc's ,belt and ,road ,initiative4,,title ,,iv--,strengthening security alliances and partnerships,subtitle ,a--,international security partners,sec4 #dja4 ,defined term4,sec4 #djb4 ,restriction on ,track #a4e dialogues with the ,people's ,republic of ,china4,sec4 #djc4 ,refocusing international security efforts for strategic competition4,sec4 #djd4 ,report on diplomatic outreach with respect to ,,prc military installations overseas4,sec4 #dje4 ,limitation on assistance to countries hosting ,,prc military installations4,sec4 #djf4 ,amendment to the ,stop ,harboring ,iranian ,petroleum ,act4,sec4 #djg4 ,missile ,technology ,control ,regime provisions4,sec4 #djh4 ,strengthening extended nuclear deterrence in the ,korean theater of operations4,subtitle ,b--,indo-,pacific ,allies and ,partners,p,a,r,t ,i--,taiwan,sec4 #daa4 ,development of economic tools to deter aggression by ,people's ,republic of ,china against ,taiwan4,sec4 #dab4 ,treatment of the ,government of ,taiwan4,sec4 #dac4 ,war reserve stock program for ,taiwan4,sec4 #dad4 ,proper treatment of ,taiwan government representatives4,sec4 #dae4 ,american ,institute in ,taiwan4,,part ,,ii--,south ,china and ,east ,china ,sea ,sanctions,sec4 #dba4 ,short title4,sec4 #dbb4 ,sanctions with respect to ,chinese persons responsible for ,china's activities in the ,south ,china ,sea and the ,east ,china ,sea4,sec4 #dbc4 ,sense of ,congress regarding portrayals of the ,south ,china ,sea or the ,east ,china ,sea as part of ,china4,sec4 #dbd4 ,sense of ,congress on #bjaf ,permanent ,court of ,arbitration's tribunal ruling on arbitration case between the ,philippines and the ,people's ,republic of ,china4,sec4 #dbe4 ,report on countries that recognize ,chinese sovereignty over the ,south ,china ,sea or the ,east ,china ,sea4,,part ,,iii--,pacific islands,sec4 #dca4 ,establishing a senior official for the compacts of free association at the ,department of ,state4,sec4 #dcb4 ,enhancement of diplomatic support and economic engagement with ,pacific island countries4,,part ,,iv--,indian ,ocean ,region ,strategic ,review,sec4 #dda4 ,short title4,sec4 #ddb4 ,findings4,sec4 #ddc4 ,statement of policy4,sec4 #ddd4 ,definitions4,sec4 #dde4 ,strategy and implementation plan relating to the ,indian ,ocean region4,sec4 #ddf4 ,modification to ,united ,states-,china ,economic and ,security ,review ,commission4,subtitle ,c--,countering ,espionage and ,surveillance ,entities in ,cuba,sec4 #dea4 ,short titles4,sec4 #deb4 ,imposition of sanctions with respect to military and intelligence facilities of the ,people's ,republic of ,china in ,cuba4,sec4 #dec4 ,codification of ,cuba restricted list4,subtitle ,d--,countering ,china ,globally,sec4 #dfa4 ,sense of ,congress regarding ,china's support for ,russia in ,ukraine4,sec4 #dfb4 ,enhancing ,united ,states-,africa trade and investment for prosperity4,sec4 #dfc4 ,report on ,horn of ,africa4,sec4 #dfd4 ,amendment to ,jackson-,vanik amendment4,subtitle ,e--,united ,states interests in international organizations,sec4 #dga4 ,global peace operations initiative4,sec4 #dgb4 ,office on ,multilateral ,strategy and ,personnel4,sec4 #dgc4 ,authorization of appropriations for ,junior ,professional ,officer positions and ,united ,states candidates for leadership positions in multilateral institutions4,sec4 #dgd4 ,safeguarding the integrity of the ,united ,nations system4,sec4 #dge4 ,department of ,state report on the ,people's ,republic of ,china's ,united ,nations peacekeeping efforts4,,title ,v--,investing in our values through sanctions and ,united ,nations reforms,sec4 #eja4 ,imposition of sanctions with respects to systematic rape1 coercive abortion1 forced sterilization1 or involuntary contraceptive implantation in the ,xinjiang ,uyghur ,autonomous ,region4,sec4 #ejb4 ,removal of members of the ,united ,nations ,human ,rights ,council that commit human rights abuses4,sec4 #ejc4 ,united ,nations policy and international engagement on the reincarnation of the ,dalai ,lama and religious freedom of ,tibetan ,buddhists4,,title ,,vi--,advancing oversight of international life sciences research,sec4 #fja4 ,short title4,sec4 #fjb4 ,definitions4,sec4 #fjc4 ,statement of policy4,sec4 #fjd4 ,amendments to the ,secretary of ,state's authority under the ,arms ,control and ,disarmament ,act4,sec4 #fje4 ,report on threats related to specific dual use research of concern and other international life sciences research of concern4,sec4 #fjf4 ,report on ,united ,states funding research with the ,,prc4,sec4 #fjg4 ,biological and toxin weapons review conference4,sec4 #fjh4 ,annual report by the ,united ,states ,agency for ,international ,development4,sec4 #fji4 ,united ,nations agencies1 programs1 and funds4,sec4 #faj4 ,rule of construction4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,except as provided in sections #abe7;b71 #baj1 #baa1 #cjc1 #cac1 #cbc1 #daa1 and #deb1 part ,,iv of subtitle ,b of title ,,iv1 and title ,,vi1 the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#b7 ,,prc ,the term ,,prc means the ,people's ,republic of ,china4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,state4 ,i ,countering ,chinese communist party malign influence ,a ,amendments to the ,foreign ,agents ,registration ,act of #aich #aja4 ,definitions ,section #a of the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #faa7 is amended-- 7#a7 by striking the matter preceding subsection 7a7 and inserting the following3 ,in this ,act32 7#b7 in each of subsections 7a71 7e71 7f71 7g71 7h71 7i71 7k71 7l71 7m71 7n71 and 7o71 by striking the semicolon at the end and inserting a period2 7#c7 in subsection 7b71 by redesignating paragraphs 7#a71 7#b71 and 7#c7 as subparagraphs 7,a71 7,b71 and 7,c72 7#d7 by striking subsections 7c7 and 7d72 7#e7 by redesignating subsections 7a71 7b71 7e71 7f71 7g71 7h71 7i71 7k71 7l71 7m71 7n71 7o71 and 7p7 as paragraphs 7#aa71 7#f71 7#g71 7#e71 7#af71 7#ae71 7#h71 7#ag71 7#b71 7#ah71 7#ad71 7#ab71 and 7#ac71 respectively1 arranging such paragraphs in numerical order1 and moving each such paragraph #b ems to the right2 7#f7 by inserting before paragraph 7#b71 as redesignated1 the following3 7#a7 ,the term agent of a foreign principal-- 7,a7 means any person who-- 7i7 7,i7 acts as an agent1 representative1 employee1 servant1 or in any other capacity at the order1 request1 or under the direction or control1 of-- 7aa7 a foreign principal2 or 7bb7 a person any of whose activities are directly or indirectly supervised1 directed1 controlled1 financed1 or subsidized in whole or in major part by a foreign principal2 and 7,,ii7 directly or through any other person-- 7aa7 engages within the ,united ,states in political activities for or in the interests of such foreign principal2 7bb7 acts within the ,united ,states as a public relations counsel1 publicity agent1 information-service employee1 or political consultant for or in the interests of such foreign principal2 7cc7 within the ,united ,states1 solicits1 collects1 disburses1 or dispenses contributions1 loans1 money1 or other things of value for or in the interest of such foreign principal2 or 7dd7 within the ,united ,states represents the interests of such foreign principal before any agency or official of the ,government of the ,united ,states2 or 7ii7 agrees1 consents1 assumes or purports to act as1 or who is or holds himself or herself out to be1 whether or not pursuant to contractual relationship1 a person described in clause 7i72 and 7,b7 does not include-- 7i7 any news or press service or association organized under the laws of the ,united ,states or of any ,state or other place subject to the jurisdiction of the ,united ,states if such entity-- 7,i7 is at least #hj percent beneficially owned by1 and its officers and directors1 if any1 are1 citizens of the ,united ,states2 and 7,,ii7 is not owned1 directed1 supervised1 controlled1 subsidized1 or financed1 and none of its policies are determined1 by any foreign principal or by any agent of a foreign principal required to register under this ,act2 or 7ii7 any newspaper1 magazine1 periodical1 or other publication for which there is on file with the ,united ,states ,postal ,service information in compliance with section #cfhe of title #ci1 ,united ,states ,code1 published in the ,united ,states1 solely by virtue of any bona fide news or journalistic activities1 including the solicitation or acceptance of advertisements1 subscriptions1 or other compensation if it meets the conditions set forth in subclause 7,i7 and 7,,ii7 of clause 7i74 2 7#g7 by inserting after paragraph 7#b71 as redesignated1 the following3 7#c7 ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on the ,judiciary of the ,senate2 7,b7 the ,committee on ,foreign ,relations of the ,senate2 7,c7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,d7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#d7 ,the term documentary material includes the original or any copy of any book1 record1 report1 memorandum1 paper1 communication1 tabulation1 chart1 or other document1 or data compilations stored in or accessible through computer or other information retrieval systems1 together with instructions and all other materials necessary to use or interpret such data compilations1 and any product of discovery4 2 7#h7 by inserting after paragraph 7#h71 as redesignated1 the following3 7#i7 ,the term investigation means any inquiry conducted for the purpose of ascertaining whether any person is or has been engaged in any violation of this ,act4 7#aj7 ,the term ,lobbying ,disclosure ,act exemption means the exemption set forth in section #c7;h74 4 #ajb4 ,treatment of certain exemptions under the ,foreign ,agents ,registration ,act of #aich 7a7 ,in general ,section #c of the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #fac7 is amended-- 7#a7 in the matter preceding subsection 7a71 by inserting 1 except as provided in subsection 7i7 after principals-2 and 7#b7 by adding at the end the following3 7i7 ,limitations 7#a7 ,in general ,the exemptions under subsections 7d77#a71 7d77#b71 and 7h7 shall not apply to any agent of a foreign principal that is organized under the law of or has its principal place of business or residence in #a of the identified countries listed in paragraph 7#b74 7#b7 ,identified countries ,the countries described in this paragraph are3 7,a7 the ,people's ,republic of ,china4 7,b7 the ,russian ,federation4 7,c7 the ,islamic ,republic of ,iran4 4 7b7 ,modification to countries 7#a7 ,in general ,the ,secretary1 in consultation with the ,attorney ,general of the ,united ,states1 may propose the addition or deletion of countries listed in section #c7;i77#b7 of the ,foreign ,agents ,registration ,act of #aich1 as amended1 as added by subsection 7a74 7#b7 ,submission ,any proposal described in paragraph 7#a7-- 7,a7 shall be submitted to the ,chairman and ,ranking ,member of the ,committee on ,foreign ,relations of the ,senate and the ,chairman and ,ranking ,member of the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,b7 shall become effective upon enactment of a joint resolution of approval as described in subsection 7c74 7c7 ,joint resolution of approval 7#a7 ,in general ,for purposes of subsection 7b71 the term joint resolution of approval only means a joint resolution-- 7,a7 that does not have a preamble2 7,b7 that includes in the matter after the resolving clause the following3 ,that ,congress approves the modification of countries relating to the treatment of certain exemptions under the ,foreign ,agents ,registration ,act of #aich1 as amended1 as submitted by the ,secretary on 2 and section #c7;i7 of the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #fac7 is amended by 41 the blank spaces being appropriately filled in with the appropriate date and the amendatory language required to add or delete #a or more countries from the list of countries described in section #c7;i7 of the ,foreign ,agents ,registration ,act of #aich1 as amended1 as added by subsection 7a77#b71 respectively2 and 7,c7 the title of which is as follows3 ,joint resolution approving modifications to countries relating to the treatment of certain exemptions under the ,foreign ,agents ,registration ,act of #aich1 as amended44 7#b7 ,referral 7,a7 ,senate ,a resolution described in paragraph 7#a7 that is introduced in the ,senate shall be referred to the ,committee on ,foreign ,relations of the ,senate4 7,b7 ,house of ,representatives ,a resolution described in paragraph 7#a7 that is introduced in the ,house of ,representatives shall be referred to the ,committee on the ,judiciary of the ,house of ,representatives4 7d7 ,sunset ,this section and the amendments made by this section shall terminate on ,october #a1 #bjbh4 #ajc4 ,foreign agents registration criminal enforcement 7a7 ,increased criminal penalties ,section #h of the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #fah7 is amended-- 7#a7 in subsection 7a77#b71 by striking #aj1jjj or by imprisonment for not more than five years1 or both1 except that in the case of a violation of subsection 7b71 7e71 or 7f7 of section #d or of subsection 7g7 or 7h7 of this section the punishment shall be a fine of not more than #e1jjj or imprisonment for not more than six months and inserting #bjj1jjj or by imprisonment for not more than #e years1 or both1 except that in the case of a violation of subsection 7b71 7e71 or 7f7 of section #d or of subsection 7g71 7h71 or 7i7 of this section the punishment shall be a fine of not more than #ae1jjj or imprisonment for not more than #f months2 and 7#b7 by adding at the end the following3 7i7 ,congressional notification ,it shall be unlawful for any agent of a foreign principal registered under this ,act to willfully fail to disclose before or during any meeting with a ,member of ,congress 7as defined in section #c of the ,lobbying and ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb7 or a member of the staff of a ,member or committee of ,congress that such agent is registered under this ,act4 4 #ajd4 ,foreign agents registration civil enforcement ,section #h of the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #fah71 as amended by section #ajc1 is further amended by adding at the end the following3 7j7 ,civil enforcement 7#a7 ,civil penalties 7,a7 ,registration statements 7i7 ,in general ,any person who is required to register under this ,act and fails to file a timely or complete registration statement in accordance with section #b7;a7 shall be subject to a civil fine of not more than #aj1jjj for each such violation1 without regard to the state of mind of such person4 7ii7 ,no fines paid by foreign principals ,if a person is subject to a civil fine under clause 7i71 the civil fine may not be paid1 directly or indirectly1 by a foreign principal4 7,b7 ,supplements ,any person who is required to file a supplement to a registration statement under section #b7;b7 and fails to file a timely or complete supplement in accordance with such section shall be subject to a civil fine of not more than #a1jjj for each such violation1 without regard to the state of mind of such person4 7,c7 ,failure to remedy deficient filings ,any person who is required to file a registration statement under this ,act1 receives notice pursuant to subsection 7g7 that the registration statement filed by the person is deficient1 and knowingly fails to remedy the deficiency within #fj days after receiving such notice shall1 upon proof by a preponderance of the evidence of such knowing failure to remedy the deficiency1 be subject to a civil fine of not more than #bjj1jjj1 depending on the extent and gravity of the violation4 7,d7 ,other violations ,any person who knowingly fails to comply with any other provision of this ,act shall1 upon proof by a preponderance of the evidence of such knowing failure to comply1 be subject to a civil fine of not more than #bjj1jjj1 depending on the extent and gravity of the violation4 7#b7 ,use of fines ,all fines collected under this subsection shall be used to defray the cost of enforcing this ,act4 4 #aje4 ,authorizing the ,attorney ,general to issue civil investigative demands to promote enforcement of disclosure requirements for agents of foreign principals ,the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #faa et seq47 is amended-- 7#a7 by redesignating sections #i through #ad 7#bb ,u4,s4,c4 #fai through 71 as sections #aj through #ae1 respectively2 and 7#b7 by inserting after section #h1 as amended by sections #ajc and #ajd1 the following3 #i4 ,civil investigative demands concerning registration of agents of foreign principals 7a7 ,authority of the ,attorney ,general 7#a7 ,authority described ,whenever the ,attorney ,general or the ,attorney ,general's designee has reason to believe that any person may be in possession1 custody1 or control of any documentary material1 or may have any information1 relevant to an investigation under this ,act1 the ,attorney ,general or such designee may1 before instituting a civil or criminal proceeding on behalf of the ,united ,states with respect to such person1 issue in writing1 and cause to be served upon such person1 a civil investigative demand requiring such person-- 7,a7 to produce such documentary material for inspection and copying or reproduction2 7,b7 to provide written answers to written interrogatories with respect to such documentary material or information2 7,c7 to give oral testimony concerning such documentary material or information2 or 7,d7 to furnish any combination of such material1 answers1 or testimony4 7#b7 ,express demands ,whenever a civil investigative demand is an express demand for any product of discovery1 the ,attorney ,general or the ,attorney ,general's designee shall-- 7,a7 cause to be served1 in any manner authorized under this section1 a copy of such demand upon the person from whom the discovery was obtained2 and 7,b7 notify the person to whom such demand is issued of the date on which such copy was served4 7#c7 ,limiting individuals who may serve as designees ,the ,attorney ,general may not designate any individual other than the ,assistant ,attorney ,general for ,national ,security or a ,deputy ,attorney ,general to carry out the authority provided under this subsection4 7b7 ,contents and deadlines 7#a7 ,in general ,each demand issued pursuant to subsection 7a7 shall-- 7,a7 state the nature of the conduct constituting the alleged violation of this ,act that is under investigation and the provision of this ,act alleged to have been violated2 7,b7 if such demand is for the production of documentary material-- 7i7 describe each class of documentary material to be produced with such definiteness and certainty as to permit such material to be fairly identified2 7ii7 prescribe a return date for each such class which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or reproduction2 and 7iii7 identify the custodian to whom such material shall be made available2 7,c7 if such demand is for answers to written interrogatories-- 7i7 set forth with specificity the written interrogatories to be answered2 7ii7 prescribe dates by when answers to written interrogatories shall be submitted2 and 7iii7 identify the custodian to whom such answers shall be submitted2 and 7,d7 if such demand is for the giving of oral testimony-- 7i7 prescribe a date1 time1 and place at which oral testimony shall be commenced2 7ii7 identify an investigator who shall conduct the examination and the custodian to whom the transcript of such examination shall be submitted2 7iii7 specify that such attendance and testimony are necessary to the conduct of the investigation2 7iv7 notify the person receiving the demand of the right to be accompanied by an attorney and any other representative2 and 7v7 describe the general purpose for which the demand is being issued and the general nature of the testimony1 including the primary areas of inquiry1 which will be taken pursuant to the demand4 7#b7 ,product of discovery ,any civil investigative demand issued pursuant to this section that is an express demand for any product of discovery may not be returned or returnable until #bj days after a copy of such demand has been served upon the person from whom the discovery was obtained4 7#c7 ,date ,the date prescribed for the commencement of oral testimony pursuant to a civil investigative demand issued under subsection 7a7 shall be a date that is not earlier than #g days after the date on which demand is received1 unless the ,attorney ,general or the ,attorney ,general's designee determines that exceptional circumstances warrant that such testimony commence sooner4 7#d7 ,notification ,the ,attorney ,general may not authorize the issuance of more than #a civil investigative demand under this section for oral testimony by the same person unless-- 7,a7 such person requests otherwise2 or 7,b7 the ,attorney ,general1 after investigation1 notifies such person in writing that an additional demand for oral testimony is necessary4 7c7 ,protected material or information 7#a7 ,in general ,a civil investigative demand issued pursuant to subsection 7a7 may not require the production of any documentary material1 the submission of any answers to written interrogatories1 or the giving of any oral testimony if such material1 answers1 or testimony would be protected from disclosure under-- 7,a7 the standards applicable to subpoenas or subpoenas duces tecum issued by a court of the ,united ,states in aid of a grand jury investigation2 or 7,b7 the standards applicable to discovery requests under the ,federal ,rules of ,civil ,procedure1 to the extent that the application of such standards to any such demand is appropriate and consistent with the provisions and purposes of this ,act4 7#b7 ,effect on other orders1 rules1 and laws ,any such demand that is an express demand for any product of discovery supersedes any inconsistent order1 rule1 or provision of law 7other than this ,act7 preventing or restraining disclosure of such product of discovery to any person4 ,disclosure of any product of discovery pursuant to any such express demand does not constitute a waiver of any right or privilege1 including without limitation any right or privilege which may be invoked to resist discovery of trial preparation materials1 to which the person making such disclosure may be entitled4 7d7 ,service2 jurisdiction 7#a7 ,by whom served ,any civil investigative demand issued pursuant to subsection 7a7 may be served by an appropriate investigator1 or by a ,united ,states marshal or deputy marshal1 at any place within the territorial jurisdiction of any court of the ,united ,states4 7#b7 ,service in foreign nations ,any such demand or petition filed pursuant to subsection 7k7 may be served upon any person who is not to be found within the territorial jurisdiction of any court of the ,united ,states1 in such manner as the ,federal ,rules of ,civil ,procedure prescribe for service in a foreign country4 ,to the extent that the courts of the ,united ,states can assert jurisdiction over any such person consistent with due process1 the ,united ,states ,district ,court for the ,district of ,columbia shall have the same jurisdiction to take any action respecting compliance with this ,act by any such person that such court would have if such person were personally within the jurisdiction of such court4 7e7 ,service upon legal entities and natural persons 7#a7 ,legal entities ,service of any civil investigative demand issued pursuant to subsection 7a7 or of any petition filed pursuant to subsection 7k7 may be made upon a partnership1 corporation1 association1 or other legal entity by-- 7,a7 delivering a duly executed copy of such demand or petition to any partner1 executive officer1 managing agent1 or general agent of the partnership1 corporation1 association1 or entity1 or to any agent thereof authorized by appointment or by law to receive service of process on behalf of such partnership1 corporation1 association1 or entity2 7,b7 delivering a duly executed copy of such demand or petition to the principal office or place of business of the partnership1 corporation1 association1 or entity to be served2 or 7,c7 depositing an executed copy of such demand or petition in the ,united ,states mails by registered or certified mail1 with a return receipt requested1 duly addressed to such partnership1 corporation1 association1 or entity at its principal office or place of business4 7#b7 ,natural persons ,service of any such demand or petition may be made upon any natural person by-- 7,a7 delivering a duly executed copy of such demand or petition to the person to be served2 or 7,b7 depositing an executed copy of such demand or petition in the ,united ,states mails by registered or certified mail1 with a return receipt requested1 duly addressed to such person at the person's residence or principal office or place of business4 7f7 ,proof of service ,a verified return by the individual serving any civil investigative demand pursuant to subsection 7a7 or any petition filed pursuant to subsection 7k7 setting forth the manner of such service shall be proof of such service4 ,in the case of service by registered or certified mail1 such return shall be accompanied by the return post office receipt of delivery of such demand4 7g7 ,documentary material 7#a7 ,sworn certificates ,the production of documentary material in response to a civil investigative demand served pursuant to this section shall be made under a sworn certificate1 in such form as the demand designates1 by-- 7,a7 in the case of a natural person1 the person to whom the demand is directed2 or 7,b7 in the case of a person other than a natural person1 a person having knowledge of the facts and circumstances relating to such production and authorized to act on behalf of such person1 to the effect that all of the documentary material required by the demand and in the possession1 custody1 or control of the person to whom the demand is directed has been produced and made available to the custodian4 7#b7 ,production of materials ,any person upon whom any civil investigative demand for the production of documentary material has been served pursuant to this section shall make such material available for inspection and copying to the investigator identified in such demand at the principal place of business of such person1 or at such other place as the investigator and the person thereafter may agree and prescribe in writing1 or as the court may direct pursuant to subsection 7k77#a74 ,such material shall be made so available on the return date specified in such demand1 or on such later date as the investigator may prescribe in writing4 ,such person may1 upon written agreement between the person and the investigator1 substitute copies for originals of all or any part of such material4 7h7 ,interrogatories 7#a7 ,answers ,each interrogatory in a civil investigative demand served pursuant to this section shall be-- 7,a7 answered separately and fully in writing under oath2 and 7,b7 submitted under a sworn certificate1 in such form as the demand designates1 by-- 7i7 in the case of a natural person1 the person to whom the demand is directed2 or 7ii7 in the case of a person other than a natural person1 the person or persons responsible for answering each interrogatory4 7#b7 ,contents of certificates ,each certificate submitted pursuant to paragraph 7#a77;,b7 shall state that all information required by the demand and in the possession1 custody1 control1 or knowledge of the person to whom the demand is directed has been submitted4 ,to the extent that any information is not furnished1 the information shall be identified and reasons set forth with particularity regarding the reasons why the information was not furnished4 7#c7 ,objections ,if any interrogatory is objected to1 the reasons for the objection shall be stated in the certificate instead of an answer4 7i7 ,oral examinations 7#a7 ,procedures ,the examination of any person pursuant to a civil investigative demand for oral testimony served pursuant to this section shall be taken before an officer authorized to administer oaths and affirmations by the laws of the ,united ,states or of the place where the examination is held4 ,the officer before whom the testimony is to be taken shall place the witness under oath or affirmation and shall personally1 or by someone acting under the direction of the officer and in the officer's presence1 record the testimony of the witness4 ,the testimony shall be taken stenographically and transcribed4 ,when the testimony is fully transcribed1 the officer before whom the testimony is taken shall promptly transmit a copy of the transcript of the testimony to the custodian4 ,nothing in this subsection may be construed to preclude the taking of testimony by any means authorized by1 and in a manner consistent with1 the ,federal ,rules of ,civil ,procedure4 7#b7 ,persons present ,the investigator conducting the examination shall exclude from the place where the examination is held all persons except the person giving the testimony1 the attorney for and any other representative of the person giving the testimony1 the attorney for the ,government1 any person who may be agreed upon by the attorney for the ,government and the person giving the testimony1 the officer before whom the testimony is to be taken1 and any stenographer taking such testimony4 7#c7 ,where testimony taken ,the oral testimony of any person taken pursuant to a civil investigative demand served pursuant to this section shall be taken in the judicial district of the ,united ,states within which such person resides1 is found1 or transacts business1 or in such other place as may be agreed upon by the investigator conducting the examination and such person4 7#d7 ,transcript of testimony ,when the testimony is fully transcribed1 the investigator or the officer before whom the testimony is taken shall afford the witness 7who may be accompanied by counsel7 a reasonable opportunity to examine and read the transcript1 unless such examination and reading are waived by the witness4 ,any changes in form or substance which the witness desires to make shall be entered and identified upon the transcript by the officer or the investigator with a statement of the reasons given by the witness for making such changes4 ,the transcript shall be signed by the witness1 unless the witness in writing waives the signing1 is ill1 cannot be found1 or refuses to sign4 ,if the transcript is not signed by the witness within #cj days after being afforded a reasonable opportunity to examine it1 the officer or the investigator shall sign it and state on the record the fact of the waiver1 illness1 absence of the witness1 or the refusal to sign1 together with the reason1 if any1 given for such circumstance4 7#e7 ,certification and delivery to custodian ,the officer before whom the testimony is taken shall certify on the transcript that the witness was duly sworn by the officer and that the transcript is a true record of the testimony given by the witness4 ,the officer or investigator shall promptly deliver the transcript or send it by registered or certified mail to the custodian4 7#f7 ,furnishing or inspection of transcript by witness ,upon payment of reasonable charges1 the investigator shall furnish a copy of the transcript to the witness only1 except that the ,attorney ,general1 or the ,attorney ,general's designee may1 for good cause1 limit such witness to inspection of the official transcript of the witness's testimony4 7#g7 ,conduct of oral testimony 7,a7 ,in general ,any person compelled to appear for oral testimony under a civil investigative demand issued pursuant to subsection 7a7 may be accompanied1 represented1 and advised by counsel4 ,counsel may advise such person1 in confidence1 with respect to any question asked of such person4 ,such person or counsel may object on the record to any question1 in whole or in part1 and shall briefly state for the record the reason for such objection4 ,an objection may be made1 received1 and entered upon the record when it is claimed that such person is entitled to refuse to answer the question on the grounds of any constitutional or other legal right or privilege1 including the privilege against self-incrimination4 ,such person may not otherwise object to or refuse to answer any question1 and may not directly or through counsel otherwise interrupt the oral examination4 ,if such person refuses to answer any question1 a petition may be filed in the district court of the ,united ,states pursuant to subsection 7k77#a7 for an order compelling such person to answer such question4 7,b7 ,compelled testimony ,if a person described in subparagraph 7,a7 refuses to answer any question on the grounds of the privilege against self-incrimination1 the testimony of such person may be compelled in accordance with the provisions of part ,v of title #ah1 ,united ,states ,code4 7#h7 ,witness fees and allowances ,any person appearing for oral testimony under a civil investigative demand issued pursuant to subsection 7a7 shall be entitled to the same fees and allowances that are paid to witnesses in the district courts of the ,united ,states4 7j7 ,custodians of documents1 answers1 and transcripts 7#a7 ,designation ,the ,attorney ,general1 or the ,attorney ,general's designee shall designate-- 7,a7 an investigator to serve as custodian of documentary material1 answers to interrogatories1 and transcripts of oral testimony received under this section2 and 7,b7 such additional investigators as the ,attorney ,general or designee determines from time to time to be necessary to serve as deputies of the custodian4 7#b7 ,responsibility for materials2 disclosure 7,a7 ,in general ,an investigator who receives any documentary material1 answers to interrogatories1 or transcripts of oral testimony under this section shall transmit such material to the custodian1 who-- 7i7 shall take physical possession of such material1 answers1 or transcripts2 and 7ii7 shall be responsible for the use made of them and for the return of documentary material in accordance with paragraph 7#d74 7,b7 ,preparation ,the custodian may cause the preparation of such copies of such documentary material1 answers to interrogatories1 or transcripts of oral testimony as may be required for official use by any investigator1 or other officer or employee of the ,department of ,justice4 ,such material1 answers1 and transcripts may be used by any such authorized investigator or other officer or employee in connection with the taking of oral testimony under this section4 7,c7 ,no examination ,except as otherwise provided in this subsection1 no documentary material1 answers to interrogatories1 or transcripts of oral testimony1 or copies thereof1 while in the possession of the custodian1 may be made available for examination by any individual other than an investigator or other officer or employee of the ,department of ,justice authorized under subparagraph 7,b74 ,such prohibition on the availability of material1 answers1 or transcripts shall not apply if consent is given by the person who produced such material1 answers1 or transcripts1 or1 in the case of any product of discovery produced pursuant to an express demand for such material1 consent is given by the person from whom the discovery was obtained4 ,nothing in this subparagraph may be construed to prevent disclosure to ,congress1 including any congressional committee or subcommittee1 or to any other agency of the ,united ,states for use by such agency in furtherance of its statutory responsibilities4 7,d7 ,examination by certain persons ,while in the possession of the custodian and under such reasonable terms and conditions as the ,attorney ,general shall prescribe-- 7i7 documentary material and answers to interrogatories shall be available for examination by the person who produced such material or answers1 or by a representative of that person authorized by that person to examine such material and answers2 and 7ii7 transcripts of oral testimony shall be available for examination by the person who produced such testimony1 or by a representative of that person authorized by that person to examine such transcripts4 7#c7 ,use of material1 answers1 or transcripts in other proceedings ,whenever any attorney of the ,department of ,justice has been designated to appear before any court1 grand jury1 or ,federal agency in any case or proceeding1 the custodian of any documentary material1 answers to interrogatories1 or transcripts of oral testimony received under this section may deliver to such attorney such material1 answers1 or transcripts for official use in connection with any such case or proceeding as such attorney determines to be required4 ,upon the completion of any such case or proceeding1 such attorney shall return to the custodian any such material1 answers1 or transcripts so delivered that have not passed into the control of such court1 grand jury1 or agency through the introduction thereof into the record of such case or proceeding4 7#d7 ,conditions for return of material ,the custodian1 upon written request of the person who produced any documentary material in the course of any investigation pursuant to a civil investigative demand under this section1 shall return to such person any such material 7other than copies furnished to the investigator pursuant to subsection 7g77#b7 or made for the ,department of ,justice pursuant to paragraph 7#b77;,b77 that has not passed into the control of any court1 grand jury1 or agency through introduction into the record of such case or proceeding if-- 7,a7 any case or proceeding before the court or grand jury arising out of such investigation1 or any proceeding before any ,federal agency involving such material1 has been completed2 or 7,b7 no case or proceeding in which such material may be used has been commenced within a reasonable time after completion of the examination and analysis of all documentary material and other information assembled in the course of such investigation4 7#e7 ,appointment of successor custodians 7,a7 ,in general ,in the event of the death1 disability1 or separation from service in the ,department of ,justice of the custodian of any documentary material1 answers to interrogatories1 or transcripts of oral testimony produced pursuant to a civil investigative demand under this section1 or in the event of the official relief of such custodian from responsibility for the custody and control of such material1 answers1 or transcripts1 the ,attorney ,general or the ,attorney ,general's designee shall promptly-- 7i7 designate another investigator to serve as custodian of such material1 answers1 or transcripts2 and 7ii7 transmit in writing to the person who produced such material1 answers1 or testimony notice of the identity and address of the successor so designated4 7,b7 ,successor ,any person who is designated to be a successor pursuant to this paragraph shall have1 with regard to such material1 answers1 or transcripts1 the same duties and responsibilities as were imposed by this section upon the predecessor in office of such person1 except that the successor shall not be held responsible for any default or dereliction that occurred before such designation4 7k7 ,judicial proceedings 7#a7 ,petition for enforcement ,whenever any person fails to comply with any civil investigative demand issued pursuant to subsection 7a71 or whenever satisfactory copying or reproduction of any material requested in such demand cannot be done and such person refuses to surrender such material1 the ,attorney ,general may file1 in the district court of the ,united ,states for any judicial district in which such person resides1 is found1 or transacts business1 and serve upon such person a petition for an order of such court for the enforcement of such civil investigative demand4 7#b7 ,petition to modify or set aside demand 7,a7 ,in general ,any person who has received a civil investigative demand issued pursuant to subsection 7a7 may file1 in the district court of the ,united ,states for the judicial district in which such person resides1 is found1 or transacts business1 and serve upon the investigator identified in such demand a petition for an order of the court to modify or set aside such demand4 ,in the case of a petition addressed to an express demand for any product of discovery1 a petition to modify or set aside such demand may be brought only in the district court of the ,united ,states for the judicial district in which the proceeding in which such discovery was obtained is or was last pending4 ,any petition under this subparagraph shall be filed-- 7i7 not later than the earlier of-- 7,i7 the date that is #bj days after the date of service of the civil investigative demand2 or 7,,ii7 at any time before the return date specified in the demand2 or 7ii7 within such longer period as may be prescribed in writing by any investigator identified in the demand4 7,b7 ,grounds for relief ,each petition filed pursuant to subparagraph 7,a7 shall specify each ground upon which the petitioner relies in seeking relief1 and may be based upon any failure of the demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of such person4 ,during the pendency of the petition in the court1 the court may stay1 as it deems proper1 the running of the time allowed for compliance with the demand1 in whole or in part1 except that the person filing the petition shall comply with any portions of the demand not sought to be modified or set aside4 7#c7 ,petition to modify or set aside demand for product of discovery 7,a7 ,in general ,if a civil investigative demand issued pursuant to subsection 7a7 is an express demand for any product of discovery1 the person from whom such discovery was obtained may file1 in the district court of the ,united ,states for the judicial district in which the proceeding in which such discovery was obtained is or was last pending1 and serve upon any investigator identified in the demand and upon the recipient of the demand1 a petition for an order of such court to modify or set aside those portions of the demand requiring production of any such product of discovery4 ,any petition under this subparagraph shall be filed-- 7i7 not later than the earlier of-- 7,i7 the date that is #bj days after the date of service of the civil investigative demand2 or 7,,ii7 at any time before the return date specified in the demand2 or 7ii7 within such longer period as may be prescribed in writing by any investigator identified in the demand4 7,b7 ,grounds for relief ,each petition filed pursuant to subparagraph 7,a7 shall specify each ground upon which the petitioner relies in seeking relief1 and may be based upon any failure of the portions of the demand from which relief is sought to comply with the provisions of this section1 or upon any constitutional or other legal right or privilege of the petitioner4 ,during the pendency of the petition1 the court may stay1 as it deems proper1 compliance with the demand and the running of the time allowed for compliance with the demand4 7#d7 ,petition to require performance by custodian of duties ,at any time during which any custodian is in custody or control of any documentary material or answers to interrogatories produced1 or transcripts of oral testimony given1 by any person in compliance with any civil investigative demand issued pursuant to subsection 7a71 such person1 and in the case of an express demand for any product of discovery1 the person from whom such discovery was obtained1 may file1 in the district court of the ,united ,states for the judicial district in which the office of such custodian is situated1 and serve upon such custodian1 a petition for an order of such court to require the performance by the custodian of any duty imposed upon the custodian by this section4 7#e7 ,jurisdiction ,whenever any petition is filed in any district court of the ,united ,states pursuant to this subsection1 such court shall have jurisdiction to hear and determine the matter so presented1 and to enter such order or orders as may be required to carry out the provisions of this section4 ,any final order so entered shall be subject to appeal under section #abia of title #bh1 ,united ,states ,code4 ,any disobedience of any final order entered under this section by any court shall be punished as a contempt of the court4 7#f7 ,applicability of federal rules of civil procedure ,the ,federal ,rules of ,civil ,procedure shall apply to any petition filed pursuant to this subsection1 to the extent that such rules are not inconsistent with the provisions of this section4 7l7 ,disclosure exemption ,any documentary material1 answers to written interrogatories1 or oral testimony provided under any civil investigative demand issued under subsection 7a7 shall be exempt from disclosure under section #eeb of title #e1 ,united ,states ,code1 as described in subsection 7b77#c7 of such section4 7m7 ,definitions ,in this section3 7#a7 ,custodian ,the term custodian means the custodian1 or any deputy custodian1 designated by the ,attorney ,general pursuant to subsection 7j77#a74 7#b7 ,investigator ,the term investigator means any attorney or investigator employed by the ,department of ,justice who is charged with the duty of enforcing or carrying into effect this ,act1 or any officer or employee of the ,united ,states acting under the direction and supervision of such attorney or investigator in connection with an investigation4 7#c7 ,official use ,the term official use means any use that is consistent with the law and the regulations and policies of the ,department of ,justice1 including-- 7,a7 use in connection with internal ,department of ,justice memoranda and reports2 7,b7 communications between the ,department of ,justice and a ,federal1 ,state1 or local government agency1 or a contractor of a ,federal1 ,state1 or local government agency1 undertaken in furtherance of a ,department of ,justice investigation or prosecution of a case2 7,c7 oral examinations2 7,d7 depositions2 7,e7 preparation for and response to civil discovery requests2 7,f7 introduction into the record of a case or proceeding2 7,g7 applications1 motions1 memoranda and briefs submitted to a court or other tribunal2 and 7,h7 communications with ,government investigators1 auditors1 consultants and experts1 the counsel of other parties1 arbitrators and mediators1 concerning an investigation1 case or proceeding4 7#d7 ,product of discovery ,the term product of discovery includes-- 7,a7 the original or duplicate of any deposition1 interrogatory1 document1 thing1 result of the inspection of land or other property1 examination1 or admission1 which is obtained by any method of discovery in any judicial or administrative proceeding of an adversarial nature2 7,b7 any digest1 analysis1 selection1 compilation1 or derivation of any item listed in subparagraph 7,a72 and 7,c7 any index or other manner of access to any item listed in subparagraph 7,a74 7n7 ,sunset ,the authority of the ,attorney ,general to issue a civil investigative demand under this section shall expire upon the expiration of the #e-year period that begins on the date of enactment of this section4 4 #ajf4 ,effective date ,the amendments made by this subtitle shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 ,b ,other actions ,to counter ,,ccp malign influence #aaa4 ,prohibition on certain gifts and contracts from the ,,prc to certain ,united ,states institutions 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 7,c7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#b7 ,contract ,the term contract means any agreement to acquire1 by purchase1 lease1 or barter1 property or services for the direct benefit or use of either of party to the agreement4 7#c7 ,covered ,,prc person ,the term covered ,,prc person means a person that1 according to unclassified or publicly available information-- 7,a7 is a current or former member of the ,people's ,liberation ,army of the ,people's ,republic of ,china2 7,b7 is currently1 or was formerly1 employed in any security or intelligence service of the ,people's ,republic of ,china2 7,c7 is1 or is affiliated with1 an entity identified by the ,secretary of ,defense under section #abfj;,h7a7 of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc2 #aj ,u4,s4,c4 #aac note7 as a ,chinese military company operating directly or indirectly in the ,united ,states2 7,d7 is1 or is affiliated with1 any entity that is included in the ,non-,,sdn ,chinese ,military-,industrial ,complex ,companies ,list maintained by the ,office of ,foreign ,assets ,control of by the ,department of the ,treasury2 7,e7 is1 or is affiliated with1 the ,united ,front ,work ,department of the ,government of the ,people's ,republic of ,china or any subsidiary or affiliate organization1 or is otherwise involved in activities that support the goals of the ,united ,front ,work ,department2 7,f7 is an employee of any entity owned or controlled by the ,government of the ,people's ,republic of ,china2 7,g7 is or was an employee of any entity on the ,entity ,list maintained by the ,bureau of ,industry and ,security of the ,department of ,commerce and set forth in ,supplement ,no4 #d to part #gdd of title #ae1 ,code of ,federal ,regulations2 7,h7 is or was an employee of an entity organized under the laws of the ,people's ,republic of ,china that-- 7i7 is in noncompliance with the auditing rules and standards of the ,public ,company ,accounting ,oversight ,board2 or 7ii7 has been sanctioned by the ,public ,company ,accounting ,oversight ,board2 7,i7 is a think tank directed or funded by the ,chinese ,communist ,party or any entity of the ,government of the ,people's ,republic of ,china2 7,j7 is any state key laboratory1 including any defense science and technology state key laboratory identified in the #bjbb report of the ,china ,aerospace ,studies ,institute of the ,department of the ,air ,force entitled ,the ,,prc ,state ,defense ,laboratory ,system ,part ,two3 ,defense ,s,t ,key ,lab ,directory that is-- 7i7 working on critical emerging technologies1 including advanced computing1 advanced engineering materials1 advanced gas turbine engine technologies1 advanced manufacturing1 advanced and networked sensing and signature management1 advanced nuclear energy technologies1 artificial intelligence1 autonomous systems and robotics1 biotechnologies1 communication and networking technologies1 directed energy1 financial technologies1 human-machine interfaces1 hypersonics1 networked sensors and sensing1 quantum information technologies1 renewable energy generation and storage1 semiconductors and microelectronics1 or space technologies and systems2 and 7ii7 affiliated with1 controlled1 or administratively managed by an agency of the ,government of the ,people's ,republic of ,china1 the ,chinese ,academy of ,sciences1 or the ,polar ,research ,institute of ,china2 or 7,k7 is1 or was affiliated with1 any entity owned or controlled by an agency or instrumentality of any person described in any of subparagraphs 7,a7 through 7,j74 7#d7 ,covered united states institution ,the term covered ,united ,states institution means any public or private institution or1 if a multicampus institution1 any single campus of such institution1 in any ,state-- 7,a7 that is legally authorized within such ,state to provide a program of education beyond secondary school2 7,b7 that provides a program for which the institution awards a bachelor's degree 7or provides not less than a #b-year program which is acceptable for full credit toward such a degree7 or a more advanced degree2 7,c7 that is accredited by a nationally recognized accrediting agency or association2 and 7,d7 to which the ,federal ,government extends ,federal financial assistance 7directly or indirectly through another entity or person71 or that receives support from the extension of ,federal financial assistance to any of the institution's subunits4 7#e7 ,critical technologies ,the term critical technologies has the meaning given such term in section #gba7;a77#f7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #defe7;a77#f774 7#f7 ,foreign source ,the term foreign source means-- 7,a7 a foreign government1 including an agency of a foreign government2 7,b7 a legal entity1 governmental or otherwise1 created solely under the laws of a foreign state or states2 7,c7 an individual who is not a citizen or a national of the ,united ,states or a trust territory or protectorate thereof2 and 7,d7 an agent1 including a subsidiary or affiliate of a foreign legal entity1 acting on behalf of a foreign source4 7#g7 ,freely associated states ,the term ,freely ,associated ,states means the ,republic of the ,marshall ,islands1 the ,federated ,states of ,micronesia1 and the ,republic of ,palau4 7#h7 ,gift ,the term gift means any gift of money or property4 7#i7 ,restricted or conditional gift or contract ,the term restricted or conditional gift or contract means any endowment1 gift1 grant1 contract1 award1 present1 or property of any kind that includes provisions regarding-- 7,a7 the employment1 assignment1 or termination of faculty2 7,b7 the establishment of departments1 centers1 research or lecture programs1 or new faculty positions2 7,c7 the selection or admission of students2 or 7,d7 the award of grants1 loans1 scholarships1 fellowships1 or other forms of financial aid restricted to students of a specified country1 religion1 sex1 ethnic origin1 or political opinion4 7#aj7 ,state ,the term ,state includes1 in addition to the several ,states of the ,united ,states1 the ,commonwealth of ,puerto ,rico1 the ,district of ,columbia1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 the ,commonwealth of the ,northern ,mariana ,islands1 and the ,freely ,associated ,states4 7#aa7 ,state key laboratory ,the term state key laboratory means an institution in the ,people's ,republic of ,china that has been categorized as a national laboratory or state key laboratory by1 and receives funding1 policy1 developmental guidance1 or administrative support from1 the ,government of the ,people's ,republic of ,china4 7b7 ,prohibition 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall prescribe regulations to prohibit a covered ,united ,states institution from accepting a gift from1 or entering into a contract with1 a covered ,,prc person if-- 7,a7 7i7 the value of the gift or contract equals or exceeds #a1jjj1jjj2 or 7ii7 including the gift or contract1 the institution would receive1 directly or indirectly1 more than #a gift from or enter into more than #a contract1 directly or indirectly1 with the same covered ,,prc person1 the aggregate of which1 during a period of #b consecutive calendar years1 would equal or exceed #a1jjj1jjj2 and 7,b7 the gift or contract-- 7i7 relates to research1 development1 or production of critical technologies and provides the covered ,,prc person making the gift or providing the contract-- 7,i7 access to regulated or unregulated ,united ,states-developed information1 technology1 or data in the possession of the institution2 or 7,,ii7 rights1 including early access1 to intellectual property created by or in the possession of the institution2 or 7ii7 except as provided under paragraph 7#b71 is a restricted or conditional gift or contract4 7#b7 ,exception for operating agreements for branches of covered united states institutions ,the ,secretary shall include1 in the regulations prescribed pursuant to paragraph 7#a71 an exception to the prohibition under such paragraph for a contract between a covered ,united ,states institution and a branch of such institution located in the ,people's ,republic of ,china that provides funding for the operation of such branch4 7c7 ,penalties 7#a7 ,fine 7,a7 ,in general ,a covered ,united ,states institution that accepts a gift or enters into a contract in violation of subsection 7b7 shall be fined-- 7i7 for the first such violation1 not more than #bej1jjj2 7ii7 for the second such violation1 not more than #ejj1jjj2 and 7iii7 for the third such violation or a subsequent such violation1 not more than the greater of-- 7,i7 #a1jjj1jjj2 or 7,,ii7 the total value of the gift or contract1 as the case may be4 7,b7 ,availability of fines to administer this section 7i7 ,establishment of fund ,there is established in the ,treasury of the ,united ,states a fund1 consisting of such amounts as may be transferred to the fund pursuant to clause 7ii74 7ii7 ,transfer of amounts ,the ,secretary of the ,treasury shall transfer to the fund established under clause 7i71 from the general fund of the ,treasury1 an amount determined by the ,secretary to be equivalent to the amount received in the general fund and attributable to fines collected under subparagraph 7,a7 during fiscal year #bjbd and during each fiscal year thereafter4 7iii7 ,availability and use of amounts ,amounts in the fund established under clause 7i7 shall be available1 as provided in advance in appropriations ,acts1 to the ,secretary for fiscal year #bjbe and for each fiscal year thereafter to carry out this section4 7#b7 ,requirement to return gift or terminate contract ,a covered ,united ,states institution that accepts a gift or enters into a contract in violation of subsection 7b7 shall return the gift or terminate the contract1 as the case may be4 7#c7 ,restriction on funding from the department of state 7,a7 ,in general ,a covered ,united ,states institution that accepts a gift or enters into a contract in violation of subsection 7b7 is ineligible to receive any grant or other funding from the ,department of ,state during the #e-year period beginning on the date on which the institution accepts such gift or enters into such contract1 as the case may be4 7,b7 ,restriction on grantees doing business with violators ,a person that receives a grant or other funding from the ,department of ,state may not1 as a condition of the grant or funding1 conduct any business with a covered ,united ,states institution that accepts a gift or enters into a contract in violation of subsection 7b7 during the #e-year period beginning on the date on which the institution accepts such gift or enters into such contract1 as the case may be4 7#d7 ,waiver 7,a7 ,authorization ,the ,secretary may waive the application of not more than #b of the penalties under paragraphs 7#a7 through 7#c71 with respect to a covered ,united ,states institution that accepts a gift or enters into a contract in violation of subsection 7b71 if the ,president-- 7i7 determines that-- 7,i7 such waiver is in the national security interest of the ,united ,states2 and 7,,ii7 such gift or contract does not result in any restrictions on academic freedom or freedom of expression within the ,united ,states2 and 7ii7 not later than #ae days after making such determination1 submits to the chairperson and ranking member of the appropriate committees of ,congress a written report regarding such determination that includes a detailed justification for the determination4 7,b7 ,elements ,each report submitted pursuant to subparagraph 7,a77ii7 shall-- 7i7 be accompanied by materials submitted by the covered ,united ,states institution that accepted a gift or entered into a contract in violation of subsection 7b7 disclosing-- 7,i7 the covered ,,prc person that provided the gift or with which the contract was entered into2 7,,ii7 the nature of the gift or contract2 and 7,,iii7 the purpose of the gift or contract2 and 7ii7 include a detailed justification for why the gift or contract does not result in-- 7,i7 harm to the national security of the ,united ,states2 or 7,,ii7 any restrictions on academic freedom or freedom of expression within the ,united ,states4 7d7 ,guidance ,the regulations prescribed pursuant to subsection 7b77#a7 shall-- 7#a7 provide guidance to covered ,united ,states institutions with respect to complying with this section2 and 7#b7 provide a specific point of contact through which covered ,united ,states institutions can communicate with the ,department of ,state on matters relating to compliance with this section4 7e7 ,disclosure reports 7#a7 ,in general ,a covered ,united ,states institution shall submit to the ,secretary a disclosure report relating to any gift or contract received from or entered into with a foreign source described in paragraph 7#e7 that includes-- 7,a7 the aggregate dollar amount or value of the gift or contract2 7,b7 a detailed description of the nature and purpose of the gift or contract1 including-- 7i7 whether such gift or contract relates to the research1 development1 or production of critical technologies and1 if so1 a description of the nature of such relationship2 and 7ii7 whether it is a restricted or conditional gift or contract and1 if so1 a description of the restrictions or conditions on the gift or contract2 7,c7 in the case of a gift or contract that relates to the research1 development1 or production of critical technologies or that is a restricted or conditional gift or contract1 a justification for why the gift or contract does not result in-- 7i7 harm to the national security of the ,united ,states2 or 7ii7 any restrictions on academic freedom or freedom of expression within the ,united ,states2 7,d7 the name and verified address of the foreign source2 7,e7 a description of any due diligence conducted by such institution before accepting the gift or entering into the contract2 and 7,f7 an assurance that such institution will-- 7i7 maintain a true copy of the gift or contract agreement until the later of-- 7,i7 the date that is #d years after the date on which such institution entered into such agreement2 or 7,,ii7 the date on which such agreement terminates2 7ii7 produce a true copy of the gift or contract agreement upon the request of the ,secretary during an audit of the compliance of the institution with this section or another institutional investigation2 and 7iii7 ensure that all gifts and contracts from the foreign source are translated into ,english by a third party that is unaffiliated with the foreign source or institution4 7#b7 ,provision of information to congress on request 7,a7 ,in general ,the ,secretary shall provide the information described in subparagraph 7,b7 to the chairperson or ranking member of the ,committee on ,foreign ,relations of the ,senate or the ,committee on ,foreign ,affairs of the ,house of ,representatives not later than #ae days after receiving a request from the chairperson or ranking member for such information4 7,b7 ,information described ,the information described in this subparagraph1 with respect to any disclosure report submitted under paragraph 7#a7 is-- 7i7 any information required to be included in the report2 and 7ii7 a justification for any decision by the ,secretary with respect to the gift or contract that is the subject of the report4 7#c7 ,public information ,the ,secretary shall make public1 in a searchable database1 with respect to each gift or contract that is the subject of a disclosure report submitted under paragraph 7#a7-- 7,a7 the aggregate dollar amount or value of the gift or contract2 7,b7 a summary of the purpose of the gift or contract1 including-- 7i7 whether the gift or contract relates to the research1 development1 or production of critical technologies and1 if so1 a description of the nature of such relationship2 and 7ii7 whether it is a restricted or conditional gift or contract and1 if so1 a description of the restrictions or conditions on the gift or contract2 and 7,c7 with respect to the foreign source from which the gift was received or with which the contract was entered into-- 7i7 in the case of a foreign source that is an individual1 the primary professional affiliation of the individual2 and 7ii7 in the case of a foreign source that is an entity1 the name and verified address of the entity4 7#d7 ,condition ,a gift received from1 or a contract entered into with1 a foreign source described in paragraph 7#e7 may not be disclosed to the ,department of ,state or to the chairperson or ranking member of the ,committee on ,foreign ,relations of the ,senate or of the ,committee on ,foreign ,affairs of the ,house of ,representatives1 or publicly reported1 as anonymous4 7#e7 ,foreign sources described ,a foreign source described in this paragraph is a foreign source that is-- 7,a7 the ,chinese ,communist ,party or the ,government of the ,people's ,republic of ,china1 including an agency of such government2 7,b7 a legal entity 7governmental or otherwise7 created solely under the laws of the ,people's ,republic of ,china2 7,c7 an individual who is a citizen or a national of the ,people's ,republic of ,china2 or 7,d7 an agent1 including a subsidiary or affiliate of a foreign legal entity1 acting on behalf of-- 7i7 the ,chinese ,communist ,party or the ,government of the ,people's ,republic of ,china2 or 7ii7 an entity or individual described in subparagraph 7,b7 or 7,c74 7f7 ,report 7#a7 ,in general ,not later than #b years after the date of the enactment of this ,act1 and annually thereafter for a period of #g years1 the ,secretary shall submit to the appropriate committees of ,congress a report that-- 7,a7 describes steps taken during the period described in paragraph 7#b7 to implement this section2 7,b7 includes information or recommendations to improve the implementation of this section2 and 7,c7 includes any other information the ,secretary considers relevant4 7#b7 ,period described ,the period described in this paragraph is-- 7,a7 in the case of the first report required by paragraph 7#a71 the #b-year period beginning on the date of the enactment of this ,act2 and 7,b7 in the case of any subsequent such report1 the #a-year period preceding submission of the report4 7#c7 ,form of report 7,a7 ,in general ,the report required by paragraph 7#a7 shall be submitted in unclassified form1 but 7subject to subparagraph 7,b77 may include a classified annex4 7,b7 ,material required to be unclassified ,the ,secretary shall include all information on foreign donations received by covered ,united ,states institutions in the unclassified portion of the report required by paragraph 7#a74 #aab4 ,requirement for think tanks to disclose foreign funding 7a7 ,definitions ,in this section3 7#a7 ,covered organization ,the term covered organization means any ,united ,states think tank that-- 7,a7 receives at least #b1ejj in funding from the ,department in a single fiscal year2 7,b7 has significant participation in more than #c ,department-hosted events in a fiscal year that relate to a subject or purpose for which the covered source of funding was provided to the covered organization2 or 7,c7 hosts an event1 panel1 presentation1 or meeting with any ,department official at the ,office ,director level or above more than #c times in a fiscal year on a subject or purpose for which the covered source of funding was provided to the covered organization4 7#b7 ,foreign governmental entity ,the term foreign governmental entity means-- 7,a7 any department1 agency1 or other entity of a foreign government at the national1 regional1 or local level2 7,b7 any governing party or coalition of a foreign government at the national1 regional1 or local level2 7,c7 any entity majority-owned or majority-controlled by a foreign government at the national1 regional1 or local level2 or 7,d7 any company1 economic project1 cultural organization1 exchange program1 or nongovernmental organization that is more than #cc percent owned or controlled by the government of such country1 or their advisors1 consultants1 or representatives4 7#c7 ,think tank ,the term think tank means a stand-alone institution1 organization1 corporation1 or group that studies public policy issues with the primary objective of providing information1 ideas1 and recommendations to ,united ,states ,government entities regarding the development and implementation of policy4 7b7 ,rulemaking 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall develop and promulgate regulations requiring covered organizations to submit an annual disclosure to the ,under ,secretary of ,state for ,management that describes-- 7,a7 any funding1 cooperative research or staffing agreements1 or joint projects received from or executed with the covered sources of funding specified in paragraph 7#b7 the purpose or subject of which relates to a topic such covered organizations engage on with the ,department2 and 7,b7 any practices or processes undertaken by a covered organization to ensure that its research agenda or products are not influenced by foreign donors4 7#b7 ,covered sources of funding ,the sources of funding referred to in paragraph 7#a7 are foreign governmental entities and political parties from the ,people's ,republic of ,china1 the ,islamic ,republic of ,iran1 or the ,russian ,federation4 7c7 ,report ,not later than #abj days after the effective date of the regulations promulgated pursuant to subsection 7b71 the ,secretary shall submit a report to the appropriate congressional committees that describes-- 7#a7 the status of implementing such regulations and any challenges or obstacles to implementation2 7#b7 the offices within the ,department responsible for implementing the regulations2 and 7#c7 any recommendations to improve upon such regulations4 #aac4 ,amendment to the ,mutual ,education and ,cultural ,exchange ,act of #aifa 7a7 ,exclusion of ,government of the ,people's ,republic of ,china from certain cultural exchanges2 required reviews ,section #ajh;,a of the ,mutual ,educational and ,cultural ,exchange ,act of #aifa 7#bb ,u4,s4,c4 #bdeh;a7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 7#c7 ,for purposes of this section1 the term foreign government does not include the ,government of the ,people's ,republic of ,china4 2 and 7#b7 by striking subsection 7c7 and inserting the following3 7c7 ,reviews 7#a7 ,in general ,not later than #a year after the date of the enactment of the ,,strategic ,act of #bjbd1 and every #c years thereafter1 subject to the exception in paragraph 7#c71 the ,secretary shall submit a report to the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives that contains a review of each educational or cultural exchange program approved in accordance with this section to ensure such programs continue to adhere to the purposes set forth in section #aja4 7#b7 ,contents ,the report required under paragraph 7#a7 shall include-- 7,a7 information1 including agendas or itineraries1 of activities carried out pursuant to programs authorized under this section during the covered reporting period2 and 7,b7 with respect to each cultural exchange program1 a written assessment and determination by the ,assistant ,secretary of ,state for ,educational and ,cultural ,affairs and the ,assistant ,secretary of ,state of the regional bureau responsible for the country or countries in which the educational or cultural exchange takes place regarding whether the program continues to adhere to the purposes set forth in section #aja1 based on the information collected pursuant to subparagraph 7,a7 and other relevant information jointly submitted by such officials4 7#c7 ,white list exception 7,a7 ,in general ,for any program that takes place within a country that is a ,united ,states ally or close strategic partner and has been approved in accordance with this section1 the ,department of ,state1 following the submission of the second report required under paragraph 7#a71 may place such program on a list of programs authorized under this ,act that the ,secretary determines1 in #b consecutive reports submitted pursuant to this subsection1 have demonstrated a track record of full compliance with the purposes set forth in section #aja4 ,the list identifying such programs shall be referred to in this paragraph as the ,,mecea ,white ,list4 7,b7 ,,mecea white list requirements ,the ,,mecea ,white ,list shall be-- 7i7 submitted as an addendum to the review required under this section2 and 7ii7 reviewed not less frequently than every #f years4 7,c7 ,exception to review ,the review requirement described in paragraph 7#a7 shall not apply with respect to any program that is included on the ,,mecea ,white ,list4 7,d7 ,countries ineligible for white list ,the ,,mecea ,white ,list shall not include trips or exchanges to the ,bolivarian ,republic of ,venezuela1 the ,people's ,republic of ,china1 the ,republic of ,cuba1 the ,republic of ,nicaragua1 or the ,russian ,federation4 7#d7 ,rule of construction ,the ,secretary is not required to provide advanced approval of a specific or individual trip or activity if such trip or activity is undertaken as part of a program reviewed and approved in accordance with this section4 7d7 ,remediation and termination ,if the ,secretary determines that a program is no longer in compliance with the purposes set forth in section #aja1 the ,secretary-- 7#a7 shall make all efforts to work with the foreign government with whom the agreement for such program has been made on remediation to ensure the program is in full compliance with the purposes set forth in section #aja2 and 7#b7 if the efforts described in paragraph 7#a7 fail to ensure such compliance1 is authorized to suspend or terminate such program4 4 7b7 ,reporting requirements with respect to participation by ,united ,states entities in cultural exchange programs involving the ,people's ,republic of ,china ,the ,mutual ,educational and ,cultural ,exchange ,act of #aifa 7#bb ,u4,s4,c4 #bdea et seq47 is amended by inserting after section #ajh;,a the following3 #ajh;,b4 ,reporting requirements with respect to participation by ,united ,states entities in cultural exchange programs involving the ,people's ,republic of ,china 7a7 ,sense of ,congress ,it is the sense of ,congress that ,state and local entities in the ,united ,states and other organizations and individuals in the ,united ,states who sponsor1 carry out1 or otherwise participate in cultural1 educational1 or economic exchange programs with the ,people's ,republic of ,china should adopt measures to facilitate rigorous oversight of such programs and corresponding activities conducted pursuant to such programs1 including compliance with the oversight requirements described in this section1 as applicable4 7b7 ,initial certification to ,congress ,not later than #cj days before entering into an agreement to establish or reestablish any exchange program that involves the ,government of the ,people's ,republic of ,china1 the ,secretary shall certify to the appropriate congressional committees that-- 7#a7 establishing or reestablishing such program is in the national interests of the ,united ,states2 7#b7 such program will adhere to the purposes set forth in section #aja2 and 7#c7 the ,department of ,state has established mechanisms requiring each ,united ,states entity supporting or carrying out such program to submit to the ,department of ,state1 not later than ,october #cj of each year1 a report that includes1 with respect to all programs in which executive branch employees or nongovernmental employees participated in the most recently concluded fiscal year-- 7,a7 the total number of cultural exchange activities conducted by such entity pursuant to section #ajh;,a2 7,b7 a description and purpose of each such activity2 7,c7 a detailed agenda or itinerary for each such activity2 7,d7 the total number and agency affiliations of the participants of each such activity2 7,e7 any indication of whether any of the participants during the reporting period participated in another activity authorized under section #ajh;,a that involves the ,people's ,republic of ,china during the preceding #b-year period2 and 7,f7 a summary of any feedback that was collected on a voluntary basis from participants in an activity authorized under section #ajh;,a1 including any actions or behavior by the ,people's ,republic of ,china that potentially undermine the purposes of set forth in section #aja2 and 7#d7 the ,department of ,state has established mechanisms requiring each ,united ,states entity supporting or carrying out such program to submit to the ,department of ,state1 not less frequently than annually1 a report that includes1 with respect to all programs in which legislative branch employees participate-- 7,a7 the total number of cultural exchange activities conducted by the entity pursuant to section #ajh;,a2 7,b7 a description and purpose of each such activity2 7,c7 a detailed agenda or itinerary for each such activity2 7,d7 the total number and congressional affiliations of the participants of each such activity2 7,e7 any indication of whether any of the participants during the reporting period participated in another activity authorized under section #ajh;,a that involves the ,people's ,republic of ,china during the preceding #b-year period2 and 7,f7 a summary of any feedback that was collected on a voluntary basis from participants in1 or observers of1 an activity authorized under section #ajh;,a1 including any actions or behavior by the ,people's ,republic of ,china that potentially undermines the purposes set forth in section #aja4 7c7 ,annual certifications to ,congress 7#a7 ,in general ,not later than #a year after establishing or reestablishing a cultural exchange program described in subsection 7b71 and annually thereafter through ,september #cj1 #bjbi1 the ,secretary shall submit a certification to the appropriate congressional committees that indicates whether-- 7,a7 the continuation of such exchange program is in the national interests of the ,united ,states1 including a justification for such assessment2 7,b7 the program is adhering to the purposes set forth in section #aja1 including a justification for such assessment2 and 7,c7 the mechanisms described in paragraphs 7#c7 and 7#d7 of subsection 7b7 provide the ,department of ,state sufficient transparency and oversight of such program and its activities1 and an explanation of such mechanisms4 7#b7 ,failure to certify ,if the ,secretary fails to certify that all of the requirements described under paragraph 7#a7 have been met with respect to a cultural exchange program described in subsection 7b71 the ,secretary shall-- 7,a7 suspend such program until the ,secretary is able make such a certification2 or 7,b7 terminate the corresponding agreement described in subsection 7b74 7d7 ,transparency report 7#a7 ,in general ,the ,secretary shall include1 with the annual certification required under subsection 7c71 a detailed summary of the reports received pursuant to paragraphs 7#c7 and 7#d7 of subsection 7b7 from ,united ,states entities that are carrying out or otherwise participating in a cultural exchange program that involves the ,government of the ,people's ,republic of ,china4 7#b7 ,matters to be included ,the summary required under paragraph 7#a7 shall include1 with respect to the reporting period-- 7,a7 the total number of cultural exchange programs conducted2 7,b7 the total number of participants in such cultural exchange programs2 7,c7 a list of the agency that employs each such participant2 7,d7 an overview of such cultural exchange programs1 including the inclusion of not fewer than #c sample itineraries or agendas and illustrative examples of activities in which participants engaged2 7,e7 an assessment of whether such cultural programs comply with purposes set forth in section #aja1 including a description of any noticeable deviations from such purposes2 7,f7 a description of all actions taken by the ,department of ,state to remediate deviations from such purposes2 and 7,g7 a detailed rationale for continuing each such program despite any deviations described in such summary4 7#c7 ,form of report ,the summary required under paragraph 7#a7 shall be submitted in unclassified form4 7e7 ,failure of ,united ,states entity ,to report ,the ,secretary shall promulgate regulations to disqualify any ,united ,states entity from carrying out any activities associated with a cultural exchange program described in subsection 7b7 if such entity fails to comply with the reporting requirements described in subsection 7b77#d7 until the sooner of-- 7#a7 #a year after the first day of such disqualification2 or 7#b7 the date on which such entity is in full compliance with the reporting requirements described in subsection 7b77#d74 7f7 ,additional matters 7#a7 ,notification requirement ,any legislative branch employee who participates in an activity covered by an agreement described in subsection 7b7 with the ,people's ,republic of ,china shall notify the congressional entities listed in paragraph 7#b7-- 7,a7 not later than #aj days before the beginning of such activity1 of the dates of travel1 the agenda or itinerary of such activity as of the date of submission1 and an indication of whether the employee has participated in an activity covered by such an agreement during either of the preceding #b calendar years2 and 7,b7 not later than #aj days after the end of such activity1 of the final agenda or itinerary relating to such activity4 7#b7 ,congressional entities described ,the congressional entities listed in this paragraph are-- 7,a7 the majority leader and minority leader of the ,senate2 7,b7 the ,select ,committee on ,ethics of the ,senate2 7,c7 the ,committee on ,foreign ,relations of the ,senate2 7,d7 the ,speaker and minority leader of the ,house of ,representatives2 7,e7 the ,committee on ,ethics of the ,house of ,representatives2 and 7,f7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#c7 ,monitoring ,in order to monitor and evaluate activities covered by an agreement described in subsection 7b7 to ensure compliance with the purposes set forth in section #aja1 ,united ,states diplomats shall be permitted to observe activities in which-- 7,a7 executive branch employees participate2 or 7,b7 legislative branch employees participate1 with the concurrence of such legislative branch employees4 7g7 ,rulemaking ,the ,secretary shall promulgate regulations to carry out this section4 4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,department of ,state #de1jjj1jjj1 for fiscal year #bjbe1 for the purposes of exchange support within the ,bureau of ,educational and ,cultural ,affairs1 including creating #a new position to support the implementation and oversight of programs authorized under the ,mutual ,educational and ,cultural ,exchange ,act of #aifa1 as amended by this section4 #aad4 ,establishment of ,countering the ,people's ,republic of ,china ,influence ,fund 7a7 ,definitions ,in this section3 7#a7 ,,ccp ,the term ,,ccp means the ,chinese ,communist ,party4 7#b7 ,fund ,the term ,fund means the ,countering the ,people's ,republic of ,china ,influence ,fund established under subsection 7b74 7#c7 ,malign influence ,the term malign influence1 with respect to the ,government of the ,,prc and the ,,ccp1 includes acts conducted by the ,government of the ,,prc1 the ,,ccp1 or entities acting on their behalf1 that-- 7,a7 undermine a free and open international order2 7,b7 advance an alternative1 repressive international order that-- 7i7 bolsters the hegemonic ambitions of the ,government of the ,,prc and the ,,ccp2 and 7ii7 is characterized by coercion and dependency2 7,c7 undermine the national security or sovereignty of the ,united ,states or of other countries2 or 7,d7 undermine the economic security of the ,united ,states or of other countries1 including by promoting corruption and advancing coercive economic practices4 7b7 ,countering the ,people's ,republic of ,china ,influence ,fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a trust fund1 which-- 7,a7 shall be known as the ,countering the ,people's ,republic of ,china ,influence ,fund2 and 7,b7 shall consist of such amounts as may be appropriated or otherwise made available to the ,fund pursuant to paragraph 7#b74 7#b7 ,authorization of appropriations 7,a7 ,in general ,there is authorized to be appropriated to the ,fund1 for each of the fiscal years #bjbe through #bjbi1 #djj1jjj1jjj1 which shall be used to counter the influence of the ,government of the ,,prc and the ,,ccp and entities acting on their behalf globally1 and shall be in addition to amounts otherwise authorized to be appropriated to counter such influence4 7,b7 ,availability of funds ,amounts appropriated to the ,fund pursuant to subparagraph 7,a7 shall remain available until expended4 7c7 ,notification2 consultation ,amounts in the ,fund-- 7#a7 shall be subject to the notification requirements under section #fcd;,a of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcid-a72 and 7#b7 may not be obligated without prior consultation with-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,committee on ,appropriations of the ,senate2 7,c7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,d7 the ,committee on ,appropriations of the ,house of ,representatives4 7d7 ,policy guidance1 coordination1 and approval 7#a7 ,coordinator ,the ,secretary shall designate an existing senior official of the ,department of ,state at the rank of ,assistant ,secretary or above to provide policy guidance1 coordination1 and approval for the obligation of amounts appropriated pursuant to subsection 7b77#b74 7#b7 ,duties ,the senior official designated pursuant to paragraph 7#a7 shall-- 7,a7 annually identify specific strategic priorities for using amounts in the ,fund1 such as geographic areas of focus or functional categories of programming within which such amounts are to be concentrated1 in accordance with the national interests of the ,united ,states and the purposes of this section2 7,b7 coordinate and approve all programming conducted using amounts in the ,fund1 based on an assessment that such programming directly counters the malign influence of the ,government of the ,,prc and the ,,ccp 7including specific activities or policies advanced by the ,government of the ,,prc or the ,,ccp71 pursuant to the strategic objectives of the ,united ,states established in the #bjag ,national ,security ,strategy1 the #bjah ,national ,defense ,strategy1 and other relevant national and regional strategies2 7,c7 ensure that all approved programming-- 7i7 bears a sufficiently direct nexus to acts by the ,government of the ,,prc or the ,,ccp described in subsection 7a77#c72 and 7ii7 adheres to the requirements described in subsection 7e72 and 7,d7 conduct oversight1 monitoring1 and evaluation of the effectiveness of all programming conducted using the amounts appropriated pursuant to subsection 7b77#b7 to ensure that it advances ,united ,states interests and degrades the ability of the ,government of the ,,prc or the ,,ccp1 to advance activities that align with the efforts described in subsection 7e74 7#c7 ,interagency coordination ,the senior official designated pursuant to paragraph 7#a71 in coordinating and approving programming pursuant to paragraph 7#b71 shall seek-- 7,a7 to conduct appropriate interagency consultation2 and 7,b7 to ensure1 to the maximum extent practicable1 that all approved programming functions in concert with other ,federal activities to counter the malign influence and activities of the ,government of the ,,prc or the ,,ccp4 7#d7 ,assistant coordinator ,the ,administrator of the ,united ,states ,agency for ,international ,development shall designate a senior official at the rank of ,assistant ,administrator or above to assist and consult with the senior official designated pursuant to paragraph 7#a71 particularly with respect to such assistance handled by ,,usaid4 7e7 ,countering malign influence ,in this section1 countering malign influence through the use of amounts in the ,fund shall include efforts-- 7#a7 to promote transparency and accountability1 and reduce corruption1 including in governance structures targeted by the malign influence of the ,government of the ,,prc or the ,,ccp2 7#b7 to support civil society and independent media to raise awareness of1 and increase transparency regarding1 the negative impact of activities and initiatives of the ,government of the ,,prc1 the ,,ccp1 and entities acting on their behalf1 including the ,global ,security ,initiative1 the ,global ,development ,initiative1 the ,global ,civilization ,initiative1 the ,belt and ,road ,initiative1 associated initiatives1 and other economic initiatives with strategic or political purposes1 and coercive economic practices2 7#c7 to counter transnational criminal networks that benefit1 or benefit from1 the malign influence of the ,government of the ,,prc1 the ,,ccp1 or entities acting on their behalf2 7#d7 to encourage economic development structures that help protect against predatory lending schemes1 including support for market-based alternatives in key economic sectors1 such as digital economy1 energy1 and infrastructure2 7#e7 to counter activities that provide undue influence to the security forces of the ,,prc2 7#f7 to expose foreign influence operations and propaganda of the ,government of the ,,prc1 the ,,ccp1 and entities acting on their behalf2 7#g7 to counter efforts by the ,,ccp to legitimize or promote authoritarian ideology and governance models1 including its model of a state-dominated cyber and digital ecosystem2 7#h7 to counter efforts by the ,government of the ,,prc1 the ,,ccp1 or entities acting on their behalf to silence1 intimidate1 or exact reprisal against individuals outside of the ,,prc's internationally recognized sovereign borders1 including members of diaspora populations1 such as political opponents1 repressed religious or spiritual practitioners1 marginalized ethnic community members1 civil society activists1 human rights defenders1 researchers1 and journalists2 7#i7 to provide alternatives to problematic ,,prc technology offerings which could provide the ,government of the ,,prc undue access to1 or influence over1 global data flows or sensitive information and compete with problematic ,,prc efforts to leverage or make gains in the development of advanced and emerging technologies2 7#aj7 to counter ,,prc activities that directly enable critical supply chain monopolization or other monopolistic practices2 7#aa7 to counter aggressive ,,prc efforts to make inroads into the nuclear energy sectors of countries to the detriment of ,united ,states national security1 strategic1 and nonproliferation interests2 and 7#ab7 to counter efforts by the ,government of the ,,prc1 the ,,ccp1 and entities acting on their behalf to undermine the democratic processes and institutions of ,united ,states allies and partners4 #aae4 ,notification requirement for participation of ,department of ,state and ,,usaid officials in private events that include the participation of specially designated and blocked persons 7a7 ,definitions ,in this section3 7#a7 ,officials ,the term officials means #a or more individuals who are employed directly or through a contractual arrangement by the ,department of ,state or the ,united ,states ,agency for ,international ,development4 7#b7 ,private event ,the term private event means any organized workshop1 conference1 forum1 summit1 or other gathering that is primarily organized and financially sponsored by an organization1 business1 or other entity that is not part of the ,united ,states ,government1 a foreign government1 or a multilateral institution4 7b7 ,notification requirement ,not later than #ae days before officials attend a private event held outside the ,united ,states involving the participation of an individual or entity on the ,specially ,designated ,nationals and ,blocked ,persons ,list maintained by the ,office of ,foreign ,assets ,control1 the ,secretary or the ,administrator of the ,united ,states ,agency for ,international ,development shall submit a notification to the appropriate congressional committees that includes-- 7#a7 the name1 position1 and relevant department or agency of such officials2 7#b7 the name1 organizers1 and dates of the private event2 7#c7 the names of all specially designated nationals who will be attending the private event2 and 7#d7 a certification and associated justification that the participation of the officials in a private event alongside specially designated nationals is in the national interest of the ,united ,states4 7c7 ,limitation on use of funds ,no ,federal funds may be used to support any private event held outside the ,united ,states that-- 7#a7 promotes commercial engagement1 including with the ,united ,states private sector2 and 7#b7 includes the participation of specially designated nationals or blocked persons4 #aaf4 ,determination with respect to imposition of sanctions with respect to ,united ,front ,work ,department of ,chinese ,communist ,party 7a7 ,appropriate committees of ,congress ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,armed ,services of the ,senate2 7#b7 the ,committee on ,foreign ,relations of the ,senate2 7#c7 the ,select ,committee on ,intelligence of the ,senate2 7#d7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 7#e7 the ,committee on the ,judiciary of the ,senate2 7#f7 the ,committee on ,armed ,services of the ,house of ,representatives2 7#g7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7#h7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 7#i7 the ,committee on ,financial ,services of the ,house of ,representatives2 and 7#aj7 the ,committee on the ,judiciary of the ,house of ,representatives4 7b7 ,determination 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall submit to the appropriate committees of ,congress a determination1 including a detailed justification1 of whether the ,united ,front ,work ,department of the ,chinese ,communist ,party1 or any component or official of such ,department1 meets the criteria for the application of sanctions pursuant to-- 7,a7 section #abfc of the ,global ,magnitsky ,human ,rights ,accountability ,act 7#bb ,u4,s4,c4 #ajajb72 7,b7 section #f of the ,uyghur ,human ,rights ,policy ,act of #bjbj 7,public ,law #aaf-ade2 #bb ,u4,s4,c4 #fija note72 7,c7 section #g of the ,hong ,kong ,human ,rights and ,democracy ,act of #bjai 7,public ,law #aaf-gf72 7,d7 ,executive ,order #acfid 7#ej ,u4,s4,c4 #agja note2 relating to blocking property of certain persons engaged in significant malicious cyber-enabled activities72 or 7,e7 ,executive ,order #achdh 7#ej ,u4,s4,c4 #agja et seq42 relating to foreign interference in ,united ,states elections74 7#b7 ,form ,the determination required under paragraph 7#a7 shall be submitted in unclassified form1 but may contain a classified annex4 #aag4 ,department of ,state list of foreign talent recruitment programs of the ,,prc 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,attorney ,general1 the ,secretary of ,defense1 and the ,director of ,national ,intelligence1 shall compile and publish in the ,federal ,register a list of foreign talent recruitment programs of the ,people's ,republic of ,china4 7b7 ,annual review and revision ,not less frequently than annually1 the ,secretary shall-- 7#a7 review and revise the list compiled pursuant to subsection 7a72 and 7#b7 publish such revised list in the ,federal ,register4 #aah4 ,oversight on climate cooperation with the ,,prc 7a7 ,report on climate cooperation with the ,,prc 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 and every #ij days thereafter1 the ,secretary shall submit a report to the appropriate congressional committees that describes ,united ,states climate-related engagements with the ,,prc1 including-- 7,a7 all dialogues1 working groups1 and bilateral or multilateral climate-related engagements with the ,,prc2 7,b7 all ,united ,states and ,,prc entities participating in collaborative projects on climate-related issues resulting from ,united ,states climate-related diplomatic engagements1 agreements1 or initiatives with the ,,prc2 7,c7 all joint economic projects related to ,united ,states-,,prc diplomatic engagements1 agreements1 or initiatives related to climate2 and 7,d7 all subnational climate-related diplomacy facilitated by the ,united ,states ,government or resulting from ,united ,states-,,prc climate-related diplomatic engagements1 agreements1 or initiatives1 including-- 7i7 the ,united ,states1 ,states1 local governments1 academic or research institutions1 think tanks1 commercial entities1 or other organizations participating in such initiatives2 and 7ii7 ,,prc national or provincial government entities1 academic or research institutions1 think tanks1 commercial entities1 or other organizations participating in such initiatives4 7#b7 ,form of report ,the report required under paragraph 7#a7 shall be submitted in unclassified form4 7b7 ,prohibition on climate-,related exemptions from application of ,united ,states sanctions1 export controls1 ,,fara registration1 and other regulations and statues ,notwithstanding any other provision of law1 climate-related engagement may not1 on its own1 form the basis of any decision to grant an exemption1 approval1 allowance1 or exception from-- 7#a7 any statutory or regulatory actions or requirements related to sanctions1 export controls1 foreign agent registration or lobbying disclosure requirements2 or 7#b7 any other ,united ,states statutory and regulatory requirements pertaining to the ,,prc4 #aai4 ,restriction on issuance of visas 7a7 ,restrictions for senior ,,prc officials and members of the ,people's ,liberation ,army ,the ,secretary may not issue a visa to1 and the ,secretary of ,homeland ,security shall deny entry to1 the ,united ,states of-- 7#a7 senior officials of the ,chinese ,communist ,party1 including the ,politburo1 the ,central ,committee1 and delegates to the #aith ,national ,congress of the ,chinese ,communist ,party2 7#b7 spouses and children of any senior official described in paragraph 7#a72 7#c7 members of the cabinet of the ,government of the ,people's ,republic of ,china2 7#d7 active duty members of the ,people's ,liberation ,army of ,china2 or 7#e7 applicants from ,,prc universities that have a ,memorandum of ,understanding 7referred to in this paragraph as ,,mou7 or other research or academic exchange agreement with a ,united ,states institution of higher education1 and are seeking to study or work in the ,united ,states pursuant to such an agreement1 unless-- 7,a7 the ,united ,states university has submitted such ,,mou or similar agreement for a security review by the ,secretary of ,state and other relevant ,federal agencies2 and 7,b7 the ,secretary of ,state1 in coordination with other relevant agencies1 has determined such ,,mou or similar agreement-- 7i7 has sufficient safeguards against illicit knowledge and technology transfer to the ,,prc2 and 7ii7 does not facilitate foreign malign influence4 7b7 ,applicability ,the restriction under subsection 7a7 shall not apply during any fiscal year in which the ,director of ,national ,intelligence certifies to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives that the ,government of the ,,prc has ceased sponsoring1 funding1 facilitating1 and actively working to support efforts to infringe on the intellectual property rights of citizens and companies of the ,united ,states4 #abj4 ,modifying information about countries exporting methamphetamine included in the annual international narcotics control strategy report 7a7 ,international narcotics control strategy report ,section #dhi7;a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bbia;h7a77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking ,march #a and inserting ,june #a2 and 7#b7 in paragraph 7#h77;,a77i71 by striking pseudoephedrine and all that follows through chemicals7 and inserting chemical precursors used in the production of methamphetamine that significantly affected the ,united ,states4 7b7 ,study and report on bilateral efforts ,to address ,chinese fentanyl trafficking 7#a7 ,definitions ,in this subsection3 7,a7 ,appropriate committees of congress ,the term appropriate committees of ,congress means-- 7i7 the ,committee on the ,judiciary of the ,senate2 7ii7 the ,committee on ,foreign ,relations of the ,senate2 7iii7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7iv7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7,b7 ,china ,the term ,china means the ,people's ,republic of ,china4 7,c7 ,,dea ,the term ,,dea means the ,drug ,enforcement ,administration4 7#b7 ,china's class scheduling of fentanyl and synthetic opioid precursors ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary and the ,attorney ,general shall jointly submit to the appropriate committees of ,congress an unclassified written report1 with a classified annex1 that includes-- 7,a7 a description of ,united ,states ,government efforts to gain a commitment from the ,government of ,china to submit unregulated fentanyl precursors1 such as #d-;,aminopyridine1 to controls2 7,b7 a plan for future steps the ,united ,states ,government will take to urge the ,government of ,china to combat illicit fentanyl production and trafficking originating in ,china2 7,c7 a detailed description of cooperation by the ,government of ,china to address the role of the ,chinese financial system and ,chinese money laundering organizations in the trafficking of fentanyl and synthetic opioid precursors2 7,d7 an assessment of expected impact that the designation of principal corporate officers of ,chinese financial institutions for facilitating narcotics-related money laundering would have on ,chinese money laundering organizations2 and 7,e7 an assessment of whether the ,trilateral ,fentanyl ,committee1 which was established by the ,united ,states1 ,canada1 and ,mexico during the ,january #bjbc ,north ,american ,leaders' ,summit1 is improving cooperation with law enforcement and financial regulators in ,canada and ,mexico to combat the role of ,chinese financial institutions and ,chinese money laundering organizations in narcotics trafficking4 7#c7 ,establishment of dea offices in china ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary and the ,attorney ,general shall jointly provide to the appropriate committees of ,congress a classified briefing regarding-- 7,a7 outreach and negotiations that have been undertaken by the ,united ,states ,government with the ,government of ,china aimed at securing the approval of the ,government of ,china to establish ,united ,states ,drug ,enforcement ,administration offices in ,shanghai and ,guangzhou1 ,china2 and 7,b7 additional efforts that have been undertaken to establish new partnerships with provincial-level authorities in ,china to counter the illicit trafficking of fentanyl1 fentanyl analogues1 and their precursors4 7c7 ,prioritization of identification of persons from the ,people's ,republic of ,china ,section #gbaa of the ,fentanyl ,sanctions ,act 7#ba ,u4,s4,c4 #bcaa7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#d7 and 7#e71 respectively2 and 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 ,prioritization 7,a7 ,defined term ,in this paragraph1 the term person of the ,peoples ,republic of ,china means-- 7i7 an individual who is a citizen or national of the ,people's ,republic of ,china2 or 7ii7 an entity organized under the laws of the ,people's ,republic of ,china or otherwise subject to the jurisdiction of the ,government of the ,people's ,republic of ,china4 7,b7 ,in general ,in preparing the report required under paragraph 7#a71 the ,president shall prioritize1 to the greatest extent practicable1 the identification of persons of the ,people's ,republic of ,china involved in the shipment of fentanyl1 fentanyl analogues1 fentanyl precursors1 precursors for fentanyl analogues1 pre-precursors for fentanyl and fentanyl analogues1 and equipment for the manufacturing of fentanyl and fentanyl-laced counterfeit pills to ,mexico or any other country that is involved in the production of fentanyl trafficked into the ,united ,states1 including-- 7i7 any entity involved in the production of pharmaceuticals2 and 7ii7 any person that is acting on behalf of any such entity4 7,c7 ,termination of prioritization ,the ,president shall continue the prioritization required under subparagraph 7,b7 until the ,president certifies to the appropriate congressional committees that the ,people's ,republic of ,china is no longer the primary source for the shipment of fentanyl1 fentanyl analogues1 fentanyl precursors1 precursors for fentanyl analogues1 pre-precursors for fentanyl and fentanyl analogues1 and equipment for the manufacturing of fentanyl and fentanyl-laced counterfeit pills to ,mexico or any other country that is involved in the production of fentanyl trafficked into the ,united ,states4 2 and 7#b7 in subsection 7c71 by striking the date that is #e years after such date of enactment and inserting ,december #ca1 #bjcj4 7d7 ,expansion of sanctions under the ,fentanyl ,sanctions ,act ,section #gbab of the ,fentanyl ,sanctions ,act 7#ba ,u4,s4,c4 #bcab7 is amended-- 7#a7 in paragraph 7#a71 by striking or at the end2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#c7 the ,president determines has knowingly engaged in1 or attempted to engage in1 an activity or transaction that has materially contributed to opioid trafficking2 or 7#d7 the ,president determines-- 7,a7 has received any property or interest in property that the foreign person knows-- 7i7 constitutes or is derived from the proceeds of an activity or transaction described in paragraph 7#a72 or 7ii7 was used or intended to be used to commit or to facilitate such an activity or transaction2 7,b7 has knowingly provided1 or attempted to provide1 financial1 material1 or technological support for1 including through the provision of goods or services in support of-- 7i7 any activity or transaction described in paragraph 7#a72 or 7ii7 any foreign person described in paragraph 7#a72 or 7,c7 is or has been owned1 controlled1 or directed by any foreign person described in paragraph 7#a7 or subparagraph 7,a7 or 7,b71 or has knowingly acted or purported to act for or on behalf of1 directly or indirectly1 such a foreign person4 4 7e7 ,imposition of sanctions with respect to agencies or instrumentalities of foreign states ,the ,president shall-- 7#a7 impose one or more of the sanctions described in section #gbac of the ,fentanyl ,sanctions ,act 7#ba ,u4,s4,c4 #bcac7 with respect to each agency or instrumentality of a foreign state 7as defined in section #afjc7;b7 of title #bh1 ,united ,states ,code7 that the ,president determines-- 7,a7 has engaged in1 or attempted to engage in1 an activity or transaction that has materially contributed to opioid trafficking2 or 7,b7 has provided1 or attempted to provide1 financial1 material1 or technological support for1 7including through the provision of goods or services in support of7 any activity or transaction described in subparagraph 7,a72 or 7#b7 impose the sanction described in section #gbac7;a77#f7 of the ,fentanyl ,sanctions ,act 7#ba ,u4,s4,c4 #bcac7;a77#f77 on each foreign person the ,president determines-- 7,a7 is a senior official of an agency or instrumentality of a foreign state described in paragraph 7#a72 or 7,b7 is or has been owned1 controlled1 or directed by an agency or instrumentality of a foreign state described in paragraph 7#a71 or has knowingly acted or purported to act for or on behalf of1 directly or indirectly1 such a foreign state4 #aba4 ,report on violations of ,american ,diplomatic ,corps privileges and immunities ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter for the following #e years1 the ,secretary shall submit a report to the appropriate congressional committees that includes-- 7#a7 a detailed description of each case when ,united ,states diplomats had their privileges and immunities 7as set forth in the ,convention on ,diplomatic ,relations1 done at ,vienna ,april #ah1 #aifa7 were violated while serving in the ,,prc2 and 7#b7 a review of efforts undertaken by the ,department of ,state to mitigate or otherwise respond to such violations of ,united ,states diplomats' privileges and immunities4 #abb4 ,annual report on the ,,prc's diplomatic mission engagements 7a7 ,in general ,not later than ,march #a1 #bjbd1 and annually thereafter1 the ,secretary shall submit a report to the appropriate congressional committees that details all official meetings1 conferences1 events1 activities1 or travel within the ,united ,states organized or participated in by ,,prc diplomatic missions in the ,united ,states that were approved by or notified to the ,office of ,foreign ,missions4 7b7 ,elements ,the report required under subsection 7a7 shall include-- 7#a7 the date1 time1 and location of the engagement2 7#b7 the purpose and nature of the engagement1 including any official meetings1 conferences1 events1 or activities organized or participated in by the ,,prc diplomatic missions2 7#c7 the format of the engagement1 including in-person1 on-site1 virtually1 or any other format that was approved by or notified to the ,office of ,foreign ,missions2 7#d7 the identities and official positions of all individuals involved in the engagement1 including members of the ,,prc diplomatic missions and host organizations2 7#e7 a detailed description of the topics1 matters1 or issues discussed or addressed during the engagement2 7#f7 any agreements1 arrangements1 or memoranda of understanding reached during the engagement2 7#g7 any security or legal concerns raised or addressed as a result of the engagement2 7#h7 a summary of the ,department of ,state's evaluation of the potential impact of the engagement on ,united ,states national security1 foreign policy1 and economic interests2 7#i7 any actions or measures taken by the ,department of ,state to address concerns or mitigate risks related to the engagement2 and 7#aj7 any other relevant information deemed necessary by the ,secretary4 7c7 ,form ,the report required under subsection 7a7 may be submitted in classified or unclassified form4 #abc4 ,restrictions on foreign missions of the ,,prc in elementary and secondary schools in the ,united ,states 7a7 ,definitions ,in this section3 7#a7 ,covered school ,the term covered school means a public or private elementary school or secondary school in the ,united ,states that receives ,federal funds4 7#b7 ,elementary school2 secondary school ,the terms elementary school and secondary school have the meanings given such terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7b7 ,in general ,a foreign mission of the ,,prc in the ,united ,states may not engage in any activity described in subsection 7c7 with a covered school unless ,united ,states missions in the ,,prc have comparable access to educational institutions in the ,,prc4 7c7 ,activities described ,activities described in this subsection are-- 7#a7 providing financial support to a covered school2 7#b7 offering educational materials1 textbooks1 or curriculum resources to a covered school2 7#c7 organizing a seminar1 lecture1 or other event at a covered school2 7#d7 conducting political propaganda or promoting the interests of the ,chinese ,communist ,party1 the ,government of the ,,prc1 or affiliated groups in any form at a covered school2 7#e7 establishing or funding a ,confucius ,institute or similar language or cultural entity at a covered school2 7#f7 coordinating a visit or exchange of students1 teachers1 or administrators of a covered school to the ,,prc or with the ,government of the ,,prc or entities or members of the ,chinese ,communist ,party2 and 7#g7 any other activity that may compromise the academic independence and objectivity of elementary and secondary school education in the ,united ,states4 7d7 ,enforcement 7#a7 ,reporting ,any covered school that discovers any attempt by a foreign mission of the ,,prc to engage in an activity described in subsection 7c7 at the covered school shall immediately report such attempt to the ,department of ,state and the ,federal ,bureau of ,investigation4 7#b7 ,sanctions 7,a7 ,in general ,the ,secretary1 in coordination with the heads of relevant ,federal agencies1 may impose appropriate sanctions1 including the sanctions described in subparagraph 7,b71 with respect to any foreign mission of the ,,prc that has engaged in an activity described in subsection 7c7 with a covered school4 7,b7 ,sanctions described ,the sanctions described in this paragraph-- 7i7 diplomatic protests2 7ii7 restrictions on the travel and activities of diplomatic personnel of the ,,prc2 7iii7 revocation or restriction of diplomatic privileges and immunities for such personnel2 7iv7 expulsion of such personnel2 and 7v7 any other measures that the ,secretary deems necessary to protect the academic independence and objectivity of elementary and secondary school education in the ,united ,states4 7e7 ,congressional oversight ,not later than #ad days after any attempt by a foreign mission of the ,,prc to engage in an activity described in subsection 7c71 the ,secretary shall submit a report describing such attempted engagement to the appropriate congressional committees1 the ,select ,committee on ,intelligence of the ,senate1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 #abd4 ,office of the ,special ,envoy for ,critical and ,emerging ,technology 7a7 ,defined term ,in this section1 the term critical and emerging technologies means the technologies listed on the critical and emerging technologies list published by the ,national ,science and ,technology ,council at the ,office of ,science and ,technology ,policy1 as amended by subsequent updates to such list4 7b7 ,establishment ,the ,secretary shall establish an ,office of the ,special ,envoy for ,critical and ,emerging ,technology 7referred to in this section as the ,office71 which shall be located within the ,bureau of ,cyberspace and ,digital ,policy4 7c7 ,leadership ,the ,office shall be headed by a ,special ,envoy for ,critical and ,emerging ,technology 7referred to in this section as the ,special ,envoy71 who shall-- 7#a7 be appointed by the ,president1 by and with the advice and consent of the ,senate2 7#b7 have the rank and status of ambassador2 and 7#c7 report to the ,ambassador at ,large for ,cyberspace and ,digital ,policy4 7d7 ,membership ,the ,office may include representatives1 or expert detailees from key ,federal agencies or research and technology-focused fellowship programs1 as determined by the ,special ,envoy and with the consent of the ,ambassador-at-,large for ,cyberspace and ,digital ,policy1 in coordination with appropriate senior officials of such agencies4 7e7 ,functions ,the ,office shall-- 7#a7 establish1 in coordination with relevant bureaus1 offices1 and other ,federal agencies1 an interagency security review process for proposals regarding ,united ,states ,government-funded international collaboration on critical and emerging technologies and associated research2 7#b7 establish and coordinate an interagency strategy to facilitate international cooperation with ,united ,states allies and partners regarding the development1 use1 and deployment of critical and emerging technologies and associated standards and safeguards for research security1 intellectual property protection1 and illicit knowledge transfer2 7#c7 facilitate technology partnerships1 particularly with countries and relevant political and economic unions that are committed to-- 7,a7 the rule of law and respect for human rights1 including freedom of speech and expression2 7,b7 the safe and responsible development and use of critical and emerging technologies and the establishment of related norms and standards1 including for research security and the protection of sensitive data and technology2 7,c7 a secure internet architecture governed by a multi-stakeholder model instead of centralized government control2 7,d7 robust international cooperation to promote open and interoperable technological products and services that are necessary to freedom1 innovation1 transparency1 and privacy2 and 7,e7 multilateral coordination1 including through diplomatic initiatives1 information sharing1 and other activities1 to defend the principles described in subparagraphs 7,a7 through 7,d7 against efforts by state and non-state actors to undermine them2 7#d7 support efforts to harmonize technology governance regimes with partners by-- 7,a7 coordinating on basic and pre-competitive research and development initiatives2 and 7,b7 collaborating to pursue such opportunities in certain critical and emerging technologies2 7#e7 coordinate with other technology partners regarding export control policies for critical and emerging technologies by countering illicit knowledge and data transfer relating to critical and emerging technology research2 7#f7 conduct diplomatic engagement1 in coordination with other bureaus1 offices1 and relevant ,federal departments and agencies1 with allies and partners to develop standards and coordinate policies designed to counter illicit knowledge and data transfer in academia relating to critical and emerging technology research2 7#g7 coordinate with allies1 partners1 and other relevant ,federal agencies to prevent the exploitation of research partnerships related to critical and emerging technologies2 7#h7 in coordination with the ,bureau for ,cyberspace and ,digital ,policy's ,digital ,freedom ,unit1 share information regarding-- 7,a7 the threat posed by the transfer of critical and emerging technologies to authoritarian governments1 including the ,,prc and the ,russian ,federation2 and 7,b7 the ways in which autocratic regimes are utilizing technology to erode individual freedoms and other foundations of open1 democratic societies2 and 7#i7 collaborate with private companies1 trade associations1 and think tanks to carry out the functions described in paragraphs 7#a7 through 7#h74 7f7 ,report ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter for the following #e years1 the ,secretary1 in coordination with the ,director of ,national ,intelligence and other relevant ,federal agencies1 as appropriate1 shall submit to the appropriate congressional committees an unclassified report1 with a classified index1 if necessary1 regarding-- 7#a7 the activities of the ,office described in subsection 7e71 including-- 7,a7 any cooperative initiatives and partnerships pursued with ,united ,states allies and partners2 and 7,b7 the results of such activities1 initiatives1 and partnerships2 and 7#b7 the activities of the ,government of the ,,prc1 the ,chinese ,communist ,party1 and the ,russian ,federation in sectors related to certain critical and emerging technologies and the threats they pose to the ,united ,states2 and 7#c7 an inventory of all international research and development programs for critical and emerging technologies funded by the ,united ,states ,government that include participation by institutions or organizations that are affiliated with or receive support from the ,government of the ,,prc or the ,government of the ,russian ,federation4 #abe4 ,enhanced congressional notification regarding science and technology agreements with the ,,prc 7a7 ,notification required ,title ,i of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bfea;a et seq47 is amended by adding at the end the following3 #fe4 ,congressional notification regarding science and technology agreements with the ,people's ,republic of ,china 7a7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#b7 ,science and technology agreement ,the term science and technology agreement means any treaty1 memorandum of understanding1 or other contract or agreement between the ,united ,states and #a or more foreign countries for the purpose of-- 7,a7 collaborating on or otherwise engaging in joint activities relating to scientific research1 technological development2 or 7,b7 sharing scientific or technical knowledge or resources between such countries4 7b7 ,notification required ,the ,secretary of ,state may not enter into1 renew1 or extend any science and technology agreement with the ,people's ,republic of ,china unless-- 7#a7 the ,secretary submits to the appropriate congressional committees a notification containing each of the matters described in subsection 7c72 and 7#b7 a period of not less than #cj days has elapsed following such submission4 7c7 ,matters described ,the matters described in this subsection are1 with respect to the science and technology agreement for which a notification is submitted-- 7#a7 a written notice of such agreement1 including the full text of such agreement2 7#b7 a detailed justification for such agreement1 including an explanation for why such agreement is in the national security interests of the ,united ,states2 7#c7 an assessment of the risks and potential effects of such agreement1 including any potential for the transfer under such agreement of technology or intellectual property capable of harming the national security interests of the ,united ,states2 7#d7 a detailed justification for how the ,secretary of ,state intends to address human rights concerns in any scientific and technology collaboration proposed to be conducted under such agreement2 7#e7 an assessment of the extent to which the ,secretary will be able to continuously monitor the commitments made by the ,people's ,republic of ,china under such agreement2 and 7#f7 such other information relating to such agreement as the ,secretary may be determine appropriate4 4 7b7 ,applicability 7#a7 ,definitions ,in this subsection1 the terms appropriate congressional committees and science and technology agreement have the meanings given such terms in section #fe7;a7 of the ,state ,department ,basic ,authorities ,act of #aief1 as added by subsection 7a714 7#b7 ,in general ,the requirements under section #fe of such ,act shall apply with respect to science and technology agreements entered into1 renewed1 or extended on or after the date of the enactment of this ,act4 7#c7 ,existing agreements ,any science and technology agreement between the ,secretary of ,state and the ,,prc in effect as of the date of the enactment of this ,act shall be revoked unless1 not later than #fj days after the date of the enactment of this ,act1 the ,secretary submits to the appropriate congressional committees a notification of such agreement containing each of the matters described in section #fe7;c7 of such ,act4 ,,ii ,advancing ,united ,states and partner economic prosperity #bja4 ,defined term ,in this title1 the term strategic infrastructure means infrastructure for which a primary driver of the ,united ,states national interest in such infrastructure is-- 7#a7 to advance the national security or economic security interests of the ,united ,states or of the country in which such infrastructure is located2 or 7#b7 to deny foreign adversaries of the ,united ,states ownership or control over such infrastructure4 #bjb4 ,authorization of partnership for global infrastructure and investment 7a7 ,in general ,the ,partnership for ,global ,infrastructure and ,investment is authorized to deploy ,united ,states public and private sector capital and expertise for the purpose of mobilizing foreign public and private sector capital and expertise-- 7#a7 to help identify and meet the strategic infrastructure needs of countries that are allies and partners of the ,united ,states2 and 7#b7 to provide allies and partners of the ,united ,states with mutually beneficial strategic infrastructure investment solutions that are alternatives to exploitative1 coercive1 or harmful foreign infrastructure investments4 7b7 ,prioritization ,in evaluating proposals for strategic infrastructure projects funded through the ,partnership for ,global ,infrastructure and ,investment1 the ,secretary shall prioritize-- 7#a7 projects that have the highest strategic value to the ,united ,states2 and 7#b7 projects involving-- 7,a7 strategic transport infrastructure1 including ports1 airports1 intermodal transfer facilities1 railroads1 and highways2 7,b7 energy infrastructure1 technology1 and supply chains1 critical minerals1 and related areas that align with the officially conveyed energy needs of partner countries and with the objective of maximizing such countries' energy access1 energy security1 energy transition and modernization1 and resilience needs2 7,c7 secure information and communications technology systems1 networks and infrastructure to strengthen the potential for economic growth and facilitate open digital societies2 and 7,d7 global health security1 including infrastructure projects that increase the availability1 accessibility1 and affordability of health care in partner countries4 7c7 ,standards ,in carrying out the purposes described in subsection 7a71 the ,secretary shall adhere to standards for transparent and high-quality infrastructure investment and ensure projects include opportunities to advance economic growth priorities in the partner country and support good governance and the rule of law4 ,the ,partnership for ,global ,infrastructure and ,investment may only use environmental1 social1 or governance standards1 including as criteria for project selection1 which are consistent with ,united ,states law or international agreements that have been approved by ,congress4 7d7 ,projects in high income countries ,support under the ,partnership for ,global ,infrastructure and ,investment may not be provided in countries with high-income economies 7as defined by the ,world ,bank7 unless the ,president certifies to the appropriate congressional committees that such support-- 7#a7 is necessary to preempt or counter efforts by a strategic competitor of the ,united ,states to secure significant political or economic leverage or acquire national security-sensitive technologies or infrastructure in a country that is an ally or partner of the ,united ,states2 and 7#b7 includes cost-sharing arrangements with partner countries to ensure effective burden-sharing and long-term sustainability1 including through the involvement of private sector investments4 7e7 ,limitation ,the ,secretary may not exclude or otherwise limit the provision of funds that would otherwise have been available under the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq47 to support natural gas and civil nuclear energy projects1 including market development1 infrastructure1 technology1 or technical assistance1 solely on the basis that such projects result in new carbon emissions or associated infrastructure4 7f7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter for the following #b years1 the ,secretary shall submit a report to the appropriate congressional committees that-- 7#a7 identifies all infrastructure projects supported by the ,partnership for ,global ,infrastructure and ,investment2 7#b7 describes how the ,partnership for ,global ,infrastructure and ,investment supported each project2 7#c7 explains why each project was chosen and how each project advances the purposes of the ,partnership for ,global ,infrastructure and ,investment and the priorities described in subsection 7b72 7#d7 describes how the ,partnership for ,global ,infrastructure and ,investment cooperates with other entities in the ,united ,states ,government that support infrastructure1 including deconfliction of efforts2 and 7#e7 describes the estimated timeline for completion of the projects supported by the ,partnership for ,global ,infrastructure and ,investment4 7g7 ,qualifying nonbinding instruments ,any memorandum of understanding or other non-binding instrument for projects supported by the ,partnership for ,global ,infrastructure and ,investment shall be considered a qualifying non-binding instrument for purposes of section #aab;b of title #a1 ,united ,states ,code4 #bjc4 ,global ,strategic ,infrastructure ,investment ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 which shall be known as the ,strategic ,infrastructure ,investment ,fund 7referred to in this section as the ,fund71 consisting of such amounts as are deposited into the ,fund pursuant to subsection 7b74 7b7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated1 for each of the fiscal years #bjbe through #bjbi1 #ge1jjj1jjj1 which shall be deposited into the ,fund for the purpose of providing assistance1 including through contributions1 for strategic infrastructure projects globally in accordance with this section4 7#b7 ,transfers ,amounts in the ,fund may be transferred to accounts within the ,department of ,state1 the ,united ,states ,agency for ,international ,development1 the ,export,import ,bank1 the ,united ,states ,international ,development ,finance ,corporation1 the ,millennium ,challenge ,corporation1 and the ,united ,states ,trade and ,development ,agency1 as appropriate1 to be used for the purpose described in paragraph 7#a74 7#c7 ,consultation ,the ,secretary shall consult with the ,administrator of the ,united ,states ,agency for ,international ,development regarding allocations from the ,fund4 7#d7 ,use of funds ,amounts transferred to the ,export-,import ,bank and the ,united ,states ,international ,development ,finance ,corporation may be made available for the costs of direct loans and loan guarantees 7as defined in section #ejb7c7 of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #ffa;a7#c771 including the cost of modifying such loans and loan guarantees4 7#e7 ,notification ,not later than #ae days before obligating funds appropriated pursuant to paragraph 7#a71 the ,secretary shall submit a written notification to the ,committee on ,appropriations of the ,senate1 the ,committee on ,foreign ,relations of the ,senate1 the ,committee on ,appropriations of the ,house of ,representatives1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives that outlines the amount and proposed use of such funds4 7c7 ,prioritization ,in evaluating proposals for strategic infrastructure projects receiving funding from the ,fund1 the ,secretary shall prioritize-- 7#a7 projects that have the highest strategic value to the ,united ,states2 and 7#b7 projects involving-- 7,a7 strategic transport infrastructure1 including ports1 airports1 railroads1 and highways2 7,b7 energy infrastructure1 technology1 and supply chains1 critical minerals1 and related areas that align with the officially conveyed energy needs of partner countries and with the objective of maximizing such countries' energy access1 energy security1 energy transition1 and resilience needs2 7,c7 secure information and communications technology networks and infrastructure to strengthen the potential for economic growth and facilitate open digital societies2 and 7,d7 global health security1 including through infrastructure projects that increase the availability1 accessibility1 and affordability of health care in partner countries4 7d7 ,standards ,in evaluating proposals for strategic infrastructure projects seeking funding from the ,fund1 the ,secretary shall-- 7#a7 comply with standards for transparent and high-quality infrastructure investment2 7#b7 ensure projects selected include opportunities-- 7,a7 to advance economic growth priorities in the partner country2 and 7,b7 to support good governance and the rule of law2 and 7#c7 only use environmental1 social1 or governance standards1 including as criteria for project selection1 which are consistent with ,united ,states law or international agreements that have been approved by ,congress4 7e7 ,limitation ,the ,secretary may not exclude or otherwise limit the provision of funds that would otherwise have been available under the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq47 to support natural gas and civil nuclear energy projects1 including market development1 infrastructure1 technology1 or technical assistance1 solely on the basis that such projects result in new carbon emissions or associated infrastructure4 7f7 ,projects in high-,income countries ,amounts from the ,fund may not be provided in countries with high-income economies 7as defined by the ,world ,bank7 unless the ,president certifies to the appropriate congressional committees that such support-- 7#a7 is necessary to preempt or counter efforts by a strategic competitor of the ,united ,states to secure significant political or economic leverage or acquire national security-sensitive technologies or infrastructure in a country that is an ally or partner of the ,united ,states2 and 7#b7 includes cost-sharing arrangements with partner countries to ensure effective burden-sharing and long-term sustainability4 7g7 ,qualifying non-,binding instruments ,any memorandum of understanding or other non-binding instrument for projects supported by the ,fund shall be considered a qualifying non-binding instrument for purposes of section #aab;b of title #a1 ,united ,states ,code4 #bjd4 ,infrastructure transaction and assistance network 7a7 ,authority ,the ,secretary1 in consultation with the ,administrator of the ,united ,states ,agency for ,international ,development1 is authorized to establish an initiative1 to be known as the ,infrastructure ,transaction and ,assistance ,network1 under which the ,secretary1 in consultation with other relevant ,federal agencies1 shall carry out various programs to advance the development of sustainable1 transparent1 and quality infrastructure with higher standards in the ,indo-,pacific region by-- 7#a7 strengthening capacity-building programs to improve project evaluation processes1 regulatory and procurement environments1 and project preparation capacity of countries that are partners of the ,united ,states in such development2 7#b7 providing transaction advisory services and project preparation assistance to support sustainable infrastructure2 7#c7 coordinating the provision of ,united ,states assistance for the development of infrastructure1 including infrastructure that uses ,united ,states-manufactured goods and services2 and 7#d7 catalyzing investment led by the private sector4 7b7 ,transaction ,advisory ,fund ,as part of the ,infrastructure ,transaction and ,assistance ,network established pursuant to subsection 7a71 the ,secretary is authorized to provide support1 including through the ,transaction ,advisory ,fund1 for advisory services to help boost the capacity of partner countries to evaluate contracts and assess the financial and environmental impacts of potential infrastructure projects1 including through providing services such as-- 7#a7 legal services2 7#b7 project preparation and feasibility studies2 7#c7 debt sustainability analyses2 7#d7 bid or proposal evaluation2 and 7#e7 other services relevant to advancing the development of sustainable1 transparent1 and high-quality infrastructure4 7c7 ,indo-,pacific ,strategic ,infrastructure ,fund 7#a7 ,in general ,as part of the ,infrastructure ,transaction and ,assistance ,network established pursuant to subsection 7a71 the ,secretary is authorized to provide support1 including through the ,indo-,pacific ,strategic ,infrastructure ,fund1 for technical assistance1 project preparation1 pipeline development1 and other infrastructure project support4 7#b7 ,joint strategic infrastructure projects ,funds made available for the ,indo-,pacific ,strategic ,infrastructure ,fund should be used1 in consultation with the ,department of ,defense1 the ,united ,states ,international ,development ,finance ,corporation1 like-minded donor partners1 and multilateral banks1 as appropriate1 to support joint infrastructure projects in the ,indo-,pacific region4 7#c7 ,strategic infrastructure projects ,funds made available for the ,indo-,pacific ,strategic ,infrastructure ,fund should be used to support strategic infrastructure projects that are in the national security interest of the ,united ,states and vulnerable to strategic competitors4 7d7 ,reports 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and semiannually thereafter for the following #c years1 the ,president shall submit a report to the appropriate congressional committees that includes-- 7,a7 the identification of infrastructure projects1 particularly in the transport1 energy1 and digital sectors1 that the ,united ,states is currently supporting or is considering supporting through financing1 foreign assistance1 technical assistance1 or other means2 7,b7 for each project identified pursuant to subparagraph 7,a7-- 7i7 the sector of the project2 and 7ii7 the recipient country of any such ,united ,states support2 7,c7 a detailed explanation of the ,united ,states and partner country interests served by such ,united ,states support2 7,d7 a detailed accounting of the authorities and programs upon which the ,united ,states ,government has relied in providing such support2 and 7,e7 a detailed description of any support provided by ,united ,states allies and partners for such projects4 7#b7 ,form ,each report required under paragraph 7#a7 shall be submitted in unclassified form1 but may include a classified annex4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,infrastructure ,transaction and ,assistance ,network1 for each of the fiscal years #bjbe through #bjbi1 #ge1jjj1jjj1 of which-- 7#a7 #bj1jjj1jjj shall be made available for the ,transaction ,advisory ,fund2 and 7#b7 not less than #ee1jjj1jjj shall be made available for the ,indo-,pacific ,strategic ,infrastructure ,fund4 #bje4 ,regulatory exchanges with allies and partners 7a7 ,in general ,the ,secretary1 in coordination with the heads of other participating executive branch agencies1 shall establish and develop a program to facilitate and encourage regular dialogues between ,united ,states ,government regulatory and technical agencies and their counterpart organizations in allied and partner countries1 both bilaterally and in relevant multilateral institutions and organizations-- 7#a7 to promote best practices in regulatory formation and implementation2 7#b7 to collaborate to achieve optimal regulatory outcomes based on scientific1 technical1 and other relevant principles2 7#c7 to seek better harmonization and alignment of regulations and regulatory practices2 7#d7 to build consensus around industry and technical standards in emerging sectors that will drive future global economic growth and commerce2 and 7#e7 to promote ,united ,states standards regarding environmental1 labor1 and other relevant protections in regulatory formation and implementation1 in keeping with the values of free and open societies1 including the rule of law4 7b7 ,prioritization of activities ,in facilitating expert exchanges pursuant to subsection 7a71 the ,secretary shall prioritize-- 7#a7 bilateral coordination and collaboration with countries where greater regulatory coherence1 harmonization of standards1 or communication and dialogue between technical agencies is achievable and best advances the economic and national security interests of the ,united ,states2 7#b7 multilateral coordination and collaboration where greater regulatory coherence1 harmonization of standards1 or dialogue on other relevant regulatory matters is achievable and best advances the economic and national security interests of the ,united ,states1 including with-- 7,a7 the ,european ,union2 7,b7 the ,asia-,pacific ,economic ,cooperation2 7,c7 the ,association of ,southeast ,asian ,nations2 7,d7 the ,organization for ,economic ,cooperation and ,development2 and 7,e7 multilateral development banks2 and 7#c7 regulatory practices and standards-setting bodies focused on key economic sectors and emerging technologies4 7c7 ,participation by non-,governmental entities ,with regard to the program described in subsection 7a71 the ,secretary may facilitate1 including through the use of amounts appropriated pursuant to subsection 7e71 the participation of private sector representatives and other relevant organizations and individuals with relevant expertise1 as appropriate1 to the extent that such participation advances the goals of such program4 7d7 ,delegation of authority by the ,secretary ,the ,secretary is authorized to delegate the responsibilities described in this section to the ,under ,secretary of ,state for ,economic ,growth1 ,energy1 and the ,environment4 #bjf4 ,authorization to assist ,united ,states companies with global supply chain diversification and management 7a7 ,definitions ,the terms foreign ownership1 control1 or influence and ,,foci have the meanings given such terms in the ,national ,industrial ,security ,program ,operating ,manual 7,,dod #ebbj4bb-,m71 or a successor document4 7b7 ,authorization to contract services ,the ,secretary1 in coordination with the ,secretary of ,commerce1 is authorized to establish a program to facilitate the contracting by the ,department of ,state for the professional services of qualified experts1 on a reimbursable fee for service basis1 to assist interested ,united ,states persons and business entities with supply chain management issues related to the ,,prc1 including-- 7#a7 exiting from the ,,prc market or relocating certain production facilities to locations outside the ,,prc2 7#b7 diversifying sources of inputs1 and other efforts to diversify supply chains to locations outside of the ,,prc2 7#c7 navigating legal1 regulatory1 or other challenges in the course of the activities described in paragraphs 7#a7 and 7#b72 and 7#d7 identifying alternative markets for production or sourcing outside of the ,,prc1 including through providing market intelligence1 facilitating contact with reliable local partners as appropriate1 and other services4 7c7 ,chief of mission oversight ,the persons hired to perform the services described in subsection 7b7 shall-- 7#a7 be under the authority of the ,united ,states ,chief of ,mission in the country in which they are hired1 in accordance with existing ,united ,states laws2 7#b7 coordinate with ,department of ,state and ,department of ,commerce officers2 and 7#c7 coordinate with ,united ,states missions and relevant local partners in other countries as needed to carry out the services described in subsection 7b74 7d7 ,prioritization of micro-1 small-1 and medium-,sized enterprises ,the services described in subsection 7b7 shall be prioritized for assisting micro-1 small-1 and medium-sized enterprises with regard to the matters described in subsection 7b74 7e7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated #ae1jjj1jjj1 for each of the fiscal years #bjbe through #bjbi1 for the purposes of carrying out this section4 7#b7 ,prohibition on access to assistance by foreign adversaries ,none of the amounts appropriated pursuant to paragraph 7#a7 may be provided to an entity-- 7,a7 under the foreign ownership1 control1 or influence of the ,government of the ,people's ,republic of ,china or the ,chinese ,communist ,party1 or other foreign adversary2 7,b7 determined to have beneficial ownership from foreign individuals subject to the jurisdiction1 direction1 or influence of foreign adversaries2 and 7,c7 that has any contract in effect at the time of the receipt of such funds1 or has had a contract within the previous year that is no longer in effect1 with-- 7i7 the ,government of the ,people's ,republic of ,china2 7ii7 the ,chinese ,communist ,party2 7iii7 the ,chinese military2 7iv7 any entity majority-owned1 majority-controlled1 or majority-financed by the ,government of the ,people's ,republic of ,china1 the ,,ccp1 or the ,chinese military2 or 7v7 a parent1 subsidiary1 or affiliate of an entity described in clause 7iv74 #bjg4 ,investing in talent in ,southeast ,asia1 the ,pacific ,islands1 ,sub-saharan ,africa1 and ,latin ,america 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,committee on ,appropriations of the ,senate2 7,c7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,d7 the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,pacific islands ,the term ,pacific ,islands means the countries of ,federated ,states of ,micronesia1 ,fiji1 ,kiribati1 ,nauru1 ,palau1 ,papua ,new ,guinea1 ,republic of ,marshall ,islands1 ,samoa1 ,solomon ,islands1 ,tonga1 ,tuvalu1 and ,vanuatu4 7#c7 ,southeast ,asia ,the term ,southeast ,asia means the countries of ,brunei ,darussalam1 ,cambodia1 ,indonesia1 ,lao ,,pdr1 ,malaysia1 ,myanmar1 the ,philippines1 ,singapore1 ,thailand1 ,vietnam1 and ,timor-,leste4 7#d7 ,sub-,saharan ,africa ,the term sub-,saharan ,africa means a country or successor political entity defined in section #ajg of the ,african ,growth and ,opportunity ,act 7#ai ,u4,s4,c4 #cgjf74 7#e7 ,latin ,america and the ,caribbean ,in this section1 the term ,latin ,america and the ,caribbean does not include ,cuba1 ,nicaragua1 or ,venezuela4 7b7 ,establishment of centers of excellence ,the ,secretary1 in coordination with the heads of relevant ,federal departments and agencies1 is authorized to enter into public-private partnerships and establish centers of excellence located in countries in ,southeast ,asia1 ,pacific ,islands1 sub-,saharan ,africa1 and ,latin ,america and the ,caribbean to build and enhance the technical capacity of officials1 emerging leaders1 and other qualified persons from countries in those regions4 7c7 ,priority areas for technical assistance and capacity building ,the centers of excellence established pursuant to subsection 7b7 shall provide technical assistance and capacity building in-- 7#a7 domestic resource mobilization2 7#b7 regulatory management2 7#c7 procurement processes1 including tendering1 bidding1 and contract negotiation2 7#d7 budget management and oversight2 and 7#e7 management of key economic sectors1 including energy1 digital economy1 and infrastructure4 7d7 ,terms and conditions ,in carrying out this section1 the ,secretary shall-- 7#a7 leverage existing ,united ,states foreign assistance programs and activities in ,southeast ,asia1 the ,pacific ,islands1 ,sub-,saharan ,africa1 and ,latin ,america1 which may include assistance provided under-- 7,a7 future leaders initiatives1 such as the ,young ,southeast ,asia ,leaders ,initiative and the ,young ,pacific ,leaders ,program2 7,b7 the ,american ,schools and ,hospitals ,abroad program2 7,c7 the ,millennium ,challenge ,act of #bjjc 7#bb ,u4,s4,c4 #ggja et seq472 7,d7 ,united ,states ,support for ,economic ,growth in ,asia2 7,e7 programs related to the ,asia-,pacific ,economic ,community2 7,f7 the ,young ,african ,leaders ,initiative2 7,g7 the ,young ,leaders of the ,americas ,initiative2 and 7,h7 other relevant education or scholarship programs2 7#b7 support the program by ensuring that participation of instructors who-- 7,a7 7i7 are serving in relevant areas of the ,united ,states ,government with a rank of not less than #ad on the ,general ,schedule 7,,gs-#ad72 or 7ii7 possess at least #aj years of experience relevant to the areas of instruction described in subsection 7c72 7,b7 meet high professional standards within their fields2 and 7,c7 7i7 are contracted by any center of excellence established pursuant to subsection 7b72 or 7ii7 are deployed or detailed directly from a ,federal ,government agency2 7#c7 seek to attract participants who-- 7,a7 7i7 are serving as senior or mid-career officials in key technical ministries of participating countries in ,southeast ,asia1 the ,pacific ,islands1 sub-,saharan ,africa1 or ,latin ,america and the ,caribbean2 7ii7 have demonstrated leadership potential and direct responsibility for crafting or implementing policies relevant to the areas of instruction described in subsection 7c72 or 7iii7 demonstrate an intent to return to government service after completing the program outlined in this section2 or 7,b7 are employed in utilities1 publicly or privately owned companies1 or other nongovernmental entities responsible for implementing policy and regulation or supporting government functions in the areas of instruction described in subsection 7c72 and 7#d7 require financial or in-kind contributions from participating governments that is commensurate with the gross domestic product of the countries governed by such governments4 7e7 ,authorization ,to enter into memoranda of understanding ,in order to fulfill the terms and conditions described in subsection 7d71 the ,secretary is authorized to enter into memoranda of understanding with participating governments to determine-- 7#a7 the financial or in-kind contributions that will be made by the ,united ,states2 and 7#b7 the financial or in-kind contributions will be made by the participating government with respect to the activities described in this section4 7f7 ,specification for memoranda of understanding ,the value of financial or in-kind contributions by the ,united ,states and a particular participating government should be assessed to ensure an appropriate level of contribution by an entity mutually decided upon by the ,united ,states and such government4 7g7 ,consultation and reporting requirements 7#a7 ,consultation ,the ,secretary shall consult with the appropriate committees of ,congress before obligating funds appropriated pursuant to subsection 7h74 7#b7 ,annual report ,the ,secretary shall submit an annual report to the appropriate committees of ,congress that-- 7,a7 describes-- 7i7 the activities of the program authorized under this section2 7ii7 all of the major activities during the most recently concluded fiscal year2 7iii7 the financial and other contributions of the ,united ,states ,government to the program2 and 7iv7 the contributions made by governments in ,southeast ,asia1 the ,pacific ,islands1 sub-,saharan ,africa1 or ,latin ,america and the ,caribbean2 and 7,b7 assesses-- 7i7 the program's successes2 and 7ii7 any required authorities1 funding1 or other alterations to improve the program's effectiveness4 7h7 ,authorization of appropriations ,there is authorized to be appropriated #de1jjj1jjj for the #d-year period beginning on ,october #a1 #bjbd1 to carry out this section4 #bjh4 ,pilot program to audit barriers to commerce in developing partner countries 7a7 ,establishment ,the ,secretary shall establish a pilot program-- 7#a7 to identify and evaluate barriers to commerce in developing countries that are allies and partners of the ,united ,states2 and 7#b7 to provide assistance to promote economic development and commerce to such countries4 7b7 ,purposes ,under the pilot program established pursuant to subsection 7a71 the ,secretary1 in partnership with the countries selected pursuant to subsection 7c77#a71 shall-- 7#a7 identify barriers in such countries to enhancing international commerce with the goal of setting priorities for the efficient use of ,united ,states trade-related assistance2 7#b7 focus ,united ,states trade-related assistance on building self-sustaining institutional capacity for expanding commerce with those countries1 consistent with their international obligations and commitments2 and 7#c7 further the national interests of the ,united ,states by-- 7,a7 expanding prosperity through the elimination of foreign barriers to commercial exchange2 7,b7 assisting such countries to identify and reduce barriers through the provision of foreign assistance to increase-- 7i7 international commerce2 and 7ii7 foreign investment2 7,c7 assisting each such country in undertaking reforms that will promote economic development1 and promote conditions favorable for business and commercial development and job growth in the country2 and 7,d7 assisting private sector entities in those countries to engage in reform efforts and enhance productive global supply chain partnerships with the ,united ,states and allies and partners of the ,united ,states4 7c7 ,selection of countries 7#a7 ,in general ,the ,secretary shall select countries for participation in the pilot program established pursuant to subsection 7a7 from among countries-- 7,a7 that are-- 7i7 developing countries2 and 7ii7 allies and partners of the ,united ,states2 7,b7 the governments of which have clearly demonstrated a willingness to make appropriate legal1 policy1 and regulatory reforms that are proven to stimulate economic growth and job creation1 consistent with international trade rules and practices2 and 7,c7 that meet such additional criteria as may be established by the ,secretary1 in consultation with the ,administrator of the ,united ,states ,agency for ,international ,development1 and the head of any other ,federal agency1 as appropriate4 7#b7 ,considerations for additional criteria ,in establishing additional criteria pursuant to paragraph 7#a77;,c71 the ,secretary and the ,administrator shall-- 7,a7 7i7 identify and address structural weaknesses1 systemic flaws1 or other impediments within countries being considered for participation in the pilot program that impact the effectiveness of ,united ,states assistance2 and 7ii7 make recommendations for addressing such weaknesses1 flaws1 and impediments2 7,b7 set priorities for commercial development assistance building to focus resources on countries in which the provision of such assistance can deliver the best value in identifying and eliminating barriers to trade and investment1 including by fostering adherence to international trade obligations2 7,c7 developing appropriate performance measures and establishing annual targets to monitor and assess progress toward such targets1 including measures to be used to terminate the provision of assistance determined to be ineffective2 and 7,d7 ensure representation from across multiple geographic regions4 7#c7 ,number and deadline for selections 7,a7 ,in general ,not later than #bgj days after the date of the enactment of this ,act1 and annually thereafter for the following #c years1 the ,secretary1 with the concurrence of the ,administrator of the ,united ,states ,agency for ,international ,development1 shall select countries for participation in the pilot program established pursuant to subsection 7a74 7,b7 ,number ,the ,secretary shall select for participation in the pilot program-- 7i7 not fewer than #e countries during the #a-year period beginning on the date of the enactment of this ,act2 and 7ii7 not fewer than #ae countries during the #e-year period beginning on such date of enactment4 7#d7 ,prioritization based on recommendations from chiefs of mission ,in selecting countries for participation in the pilot program1 the ,secretary shall prioritize-- 7,a7 countries recommended by chiefs of mission and other agencies present at the missions1 such as the ,united ,states ,agency for ,international ,development-- 7i7 that will be able to substantially benefit from expanded commercial development assistance2 and 7ii7 the governments of which have demonstrated the political will to effectively and sustainably implement such assistance2 or 7,b7 groups of countries1 including groups of geographically contiguous countries recommended by chiefs of mission1 that-- 7i7 meet the criteria described in subparagraph 7,a72 and 7ii7 as a result of expanded ,united ,states commercial development assistance1 will contribute to greater intra-regional commerce or regional economic integration4 7d7 ,plans of action 7#a7 ,in general ,the ,secretary1 in consultation with the ,administrator of the ,united ,states ,agency for ,international ,development1 as appropriate1 shall lead in engaging relevant government officials of each country selected pursuant to subsection 7c7 to participate in the pilot program established pursuant to subsection 7a7 with respect to the development of a plan of action to identify and evaluate barriers to economic and commercial development that then informs ,united ,states assistance4 7#b7 ,analysis required ,the development of a plan of action pursuant to paragraph 7#a7 shall include a comprehensive analysis of relevant legal1 policy1 and regulatory constraints to economic and job growth in such country4 7#c7 ,elements ,each plan of action developed for a country pursuant to paragraph 7#a7 shall-- 7,a7 set forth priorities for reform agreed to by the government of such country and the ,united ,states2 7,b7 include clearly defined policy responses1 including regulatory and legal reforms1 as may be necessary1 to achieve improvement in the business and commercial environment in such country2 7,c7 identify the anticipated costs to establish and implement such plan2 7,d7 identify appropriate sequencing and phasing of the implementation of the plan to create cumulative benefits1 as appropriate2 7,e7 identify best practices and standards2 7,f7 include considerations with respect to how to make the policy reform investments under such plan long-lasting2 and 7,g7 require appropriate consultation with affected stakeholders in such country and in the ,united ,states4 7e7 ,termination ,the pilot program established pursuant to subsection 7a7 shall terminate on the date that is #h years after the date of the enactment of this ,act4 #bji4 ,promoting adoption of ,united ,nations convention on the assignment of receivables in international trade 7a7 ,findings ,congress makes the following findings3 7#a7 ,the ,united ,nations ,convention on the ,assignment of ,receivables in ,international ,trade1 done at ,new ,york ,december #ab1 #bjja1 and signed by the ,united ,states on ,december #cj1 #bjjc 7referred to in this section as the ,convention71 establishes uniform international rules governing a form of financing widely used in the ,united ,states involving the assignment of receivables4 7#b7 ,receivables financing is an important tool in helping ,united ,states businesses secure working capital financing4 ,within the ,united ,states1 lenders and buyers of receivables provide financing based on the use of receivables from debtors located within the ,united ,states as working capital collateral4 7#c7 ,receivables financing occurs in transactions in which businesses either sell their rights to payments from their customers 7commonly known as receivables7 to a bank or other financial institution1 or use their rights to those payments as collateral for a loan from a lender4 ,the businesses selling or using their receivables as collateral are referred to as assignors and buyers and lenders are referred to as assignees4 7#d7 ,many countries do not have the kinds of modern commercial finance laws on the assignment of receivables required to implement the ,convention4 7#e7 ,united ,states-based lenders are less willing to make loans secured by receivables owed by debtors located outside the ,united ,states1 as such cross-border transactions may involve countries the laws of which are inconsistent with modern financial practices4 7#f7 ,because of the risk1 cost1 and uncertainty created by receivables financing laws in other countries1 which vary greatly or can be vague or unpredictable1 the ability of small and medium-sized ,united ,states businesses to access financing from lenders using international accounts receivables derived from exports or other cross-border transactions is severely limited4 7#g7 ,expanded access to receivables financing in international trade1 which the ,convention would promote1 will provide ,united ,states businesses with an additional source of capital at no cost to the ,united ,states taxpayer1 benefitting small and medium-sized businesses that use receivables financing4 7#h7 ,the ,convention is consistent with article #i of the ,united ,states ,uniform ,commercial ,code1 as adopted by all #ej ,states1 the ,district of ,columbia1 and the territories of ,puerto ,rico and the ,virgin ,islands4 7#i7 ,the ,convention includes extensive rules on the use of receivables to finance operations1 using receivables as collateral1 and how to resolve potential conflicts of law arising from the use of receivables4 7#aj7 ,adoption of the ,convention would establish more predictability and uniformity with respect to receivables financing in cross-border transactions1 thereby opening up new opportunities for trade and economic growth between the ,united ,states and its partners in the developing world4 7#aa7 ,the ,senate consented to ratification of the ,convention on ,january #b1 #bjai4 7#ab7 ,the ,president ratified the ,convention on ,october #ae1 #bjai4 7b7 ,sense of the ,senate ,it is the sense of the ,senate that the ,secretary should1 in the regular course of economic dialogues with developing countries that are partners of the ,united ,states1 promote the adoption and implementation of the ,convention as an important tool-- 7#a7 to help attract foreign investment to and trade with such countries2 and 7#b7 to establish a predictable1 rules-based framework that can help such countries create additional sources of capital at no cost1 benefitting small and medium-sized businesses that use receivables financing4 7c7 ,report to ,congress 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter for the following #e years1 the ,secretary shall submit a report to the appropriate congressional committees detailing the activities of the ,department of ,state with respect to promoting ratification and implementation by developing countries of the ,convention through fiscal year #bjcj4 7#b7 ,contents ,the report required under paragraph 7#a7 shall include-- 7,a7 a list of countries expressing interest in ratification of the ,convention2 7,b7 a detailed description of efforts made by the ,department of ,state to promote the ,convention as a tool for economic development2 and 7,c7 any requests made by interested countries for technical and other assistance to facilitate adoption of the ,convention4 #baj4 ,opposing the provision of assistance to the ,people's ,republic of ,china by the multilateral development banks 7a7 ,findings ,congress finds the following3 7#a7 ,the ,people's ,republic of ,china is the world's second largest economy and a major global lender4 7#b7 ,in the third quarter of #bjbb1 the foreign exchange reserves of the ,,prc totaled more than #c1jjj1jjj1jjj1jjj4 7#c7 ,the ,world ,bank classifies the ,,prc as a country with an upper-middle income economy4 7#d7 ,on ,february #be1 #bjba1 ,president ,xi ,jinping announced complete victory over extreme poverty in the ,,prc4 7#e7 ,the ,government of the ,,prc utilizes state resources to create and promote the ,asian ,infrastructure ,investment ,bank1 the ,new ,development ,bank1 and the ,belt and ,road ,initiative4 7#f7 ,the ,,prc is the world's largest official creditor4 7#g7 ,through a multilateral development bank1 countries are eligible to borrow until they can manage long-term development and access to capital markets without financial resources from the bank4 7#h7 ,the ,world ,bank reviews the graduation of a country from eligibility to borrow from the ,international ,bank for ,reconstruction and ,development once the country reaches the graduation discussion income1 which is equivalent to the gross national income4 ,for fiscal year #bjbc1 the graduation discussion income is a gross national income per capita exceeding #g1dee4 7#i7 ,many of the other multilateral development banks1 such as the ,asian ,development ,bank1 use the gross national income per capita benchmark used by the ,international ,bank for ,reconstruction and ,development to trigger the graduation process4 7#aj7 ,the ,,prc exceeded the graduation discussion income threshold in #bjaf4 7#aa7 ,since #bjaf1 the ,international ,bank for ,reconstruction and ,development has approved projects totaling #i1faj1jjj1jjj to the ,,prc4 7#ab7 ,since #bjaf1 the ,asian ,development ,bank has-- 7,a7 continued to approve loans and technical assistance to the ,,prc totaling more than #aj1fjj1jjj1jjj2 and 7,b7 also approved non-sovereign commitments in the ,,prc totaling more than #b1djj1jjj1jjj4 7#ac7 ,the ,world ,bank calculates the ,,prc's #bjai gross national income per capita as #aj1cij4 7b7 ,statement of policy ,it is the policy of the ,united ,states to oppose any additional lending from the multilateral development banks1 including the ,international ,bank for ,reconstruction and ,development and the ,asian ,development ,bank1 to the ,people's ,republic of ,china as a result of the ,,prc's successful graduation from the eligibility requirements for assistance from those banks4 7c7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,committee on ,financial ,services of the ,house of ,representatives2 and 7,c7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#b7 ,multilateral development banks ,the term multilateral development banks has the meaning given such term in section #agja7;c7 of the ,international ,financial ,institutions ,act 7#bb ,u4,s4,c4 #bfbr7c774 7d7 ,opposition to lending to ,people's ,republic of ,china ,the ,secretary of the ,treasury shall instruct the ,united ,states ,executive ,director at each multilateral development bank to use the voice1 vote1 and influence of the ,united ,states-- 7#a7 to oppose any loan or extension of financial or technical assistance by the bank to the ,,prc2 and 7#b7 to end lending and assistance to countries that exceed the graduation discussion income of the bank4 7e7 ,report ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of the ,treasury shall submit a report to the appropriate congressional committees that includes-- 7#a7 an assessment of the status of borrowing by the ,,prc from each multilateral development bank2 7#b7 a description of voting power1 shares1 and representation by the ,,prc at each such bank2 7#c7 a list of countries that have exceeded the graduation discussion income at each such bank2 7#d7 a list of countries that have graduated from eligibility for assistance from each such bank2 and 7#e7 a full description of the efforts taken by the ,united ,states to graduate countries from such eligibility once they exceed the graduation discussion income at each such bank4 #baa4 ,prohibiting funding for the ,montreal ,protocol on substances that deplete the ozone layer and the ,united ,nations framework convention on climate change until ,china is no longer defined as a developing country 7a7 ,short title ,this section may be cited as the ,ending ,china's ,unfair ,advantage ,act of #bjbd4 7b7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,committee on ,appropriations of the ,senate2 7,c7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,d7 the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,montreal protocol ,the term ,montreal ,protocol means the ,montreal ,protocol on ,substances that ,deplete the ,ozone ,layer1 done at ,montreal ,september #af1 #aihg4 7#c7 ,united nations framework convention on climate change ,the term ,united ,nations ,framework ,convention on ,climate ,change means the ,united ,nations ,framework ,convention on ,climate ,change1 adopted in ,rio de ,janeiro1 ,brazil in ,june #aiib4 7c7 ,prohibition on use of funds for the ,montreal ,protocol on substances that deplete the ozone layer until ,china is no longer defined as a developing country ,notwithstanding any other provision of law1 no ,federal funds may be obligated or expended to implement the ,montreal ,protocol1 including its protocols and amendments1 or any fund established under the ,protocol1 until the ,president certifies to the appropriate congressional committees that the ,parties to the ,montreal ,protocol have amended their ,decision ,i_/#ab;,e1 ,clarification of terms and definitions3 developing countries1 made at the ,first ,meeting of the ,parties to remove the ,people's ,republic of ,china4 7d7 ,prohibition on use of funds for the ,united ,nations ,framework ,convention on ,climate ,change until ,china is included among the countries listed in annex ,i of the ,convention ,notwithstanding any other provision of law1 no ,federal funds may be obligated or expended to fund the operations and meetings of the ,united ,nations ,framework ,convention on ,climate ,change1 including it's protocols or agreements1 or any fund established under the ,convention or its agreements1 until the ,president certifies to the appropriate congressional committees that the ,parties to the ,framework ,convention have included the ,people's ,republic of ,china in ,annex ,i of the ,convention4 ,,iii ,countering ,china's predatory economic practices ,a ,countering ,economic ,coercion #cja4 ,short title ,this subtitle may be cited as the ,countering ,economic ,coercion ,act of #bjbd4 #cjb4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 foreign adversaries are increasingly using economic coercion to pressure1 punish1 and influence ,united ,states allies and partners2 7#b7 economic coercion-- 7,a7 causes economic harm to ,united ,states allies and partners2 7,b7 creates malign influence on the sovereign political actions of such allies and partners2 and 7,c7 can threaten the essential security of the ,united ,states and its allies2 7#c7 economic coercion is often characterized by-- 7,a7 arbitrary1 abusive1 and discriminatory actions that seek to interfere with sovereign actions1 violate international trade rules1 and run counter to the rules-based international order2 7,b7 capricious1 pre-textual1 and non-transparent actions taken without due process afforded2 7,c7 intimidation or threats of punitive actions2 and 7,d7 informal actions that take place without explicit government action2 7#d7 economic coercion violates norms of state behavior and undermines the rules-based international order2 7#e7 existing mechanisms for trade dispute resolution and international arbitration are often inadequate for responding to economic coercion in a timely and effective manner as foreign adversaries exploit plausible deniability and lengthy processes to evade accountability2 7#f7 the ,united ,states should provide meaningful economic and political support to foreign trading partners affected by economic coercion1 which can lead to opportunities for ,united ,states businesses1 investors1 and workers to reach new markets and customers2 7#g7 responding to economic coercion will be most effective when the ,united ,states provides relief to affected foreign trading partners in coordination with allies and like-minded countries2 and 7#h7 such coordination will further demonstrate broad resolve against economic coercion4 #cjc4 ,definitions ,in this subtitle3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees includes-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,c7 with respect to the exercise of any authority under section #cje7;a77#b71 subparagraphs 7,a71 7,i71 7,j71 and 7,k7 of section #cje7;b77#a71 and section #cje7;b77#b7-- 7i7 the ,committee on ,finance of the ,senate2 and 7ii7 the ,committee on ,ways and ,means of the ,house of ,representatives2 7,d7 with respect to the exercise of any authority under subparagraphs 7,f7 and 7,h7 of section #cje7;b77#a7-- 7i7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 and 7ii7 the ,committee on ,financial ,services of the ,house of ,representatives2 and 7,e7 with respect to the exercise of any authority under section #cje7;a77#a77;,a7 and subparagraph 7,b71 7,e71 or 7,g7 of section #cje7;b77#a7-- 7i7 the ,committee on ,appropriations of the ,senate2 and 7ii7 the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,economic coercion ,the term economic coercion means actions1 practices1 or threats undertaken by a foreign adversary to unreasonably restrain1 obstruct1 or manipulate trade1 foreign aid1 investment1 or commerce in an arbitrary1 capricious1 or non-transparent manner with the intention to cause economic harm to achieve strategic political objectives or influence sovereign political actions4 7#c7 ,export2 export administration regulations2 in-country transfer2 reexport ,the terms export1 ,export ,administration ,regulations1 in-country transfer1 and reexport have the meanings given such terms in section #agdb of the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja74 7#d7 ,foreign adversary ,the term foreign adversary means any foreign government engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the ,united ,states or the security and safety of ,united ,states persons4 7#e7 ,foreign trading partner ,the term foreign trading partner means a foreign jurisdiction that is a trading partner of the ,united ,states4 #cjd4 ,determination of economic coercion 7a7 ,extended presidential determination 7#a7 ,in general ,if the ,president determines that a foreign trading partner is subject to an act of economic coercion by a foreign adversary that constitutes a long-term national security threat1 after a comprehensive inter-agency review1 the ,president may-- 7,a7 submit to ,congress a detailed determination 7referred to as the ,economic ,coercion ,response ,package71 which shall include-- 7i7 an assessment of why the economic coercion by a foreign adversary constitutes a national security threat and requires a comprehensive response2 7ii7 a request to exercise any authority-- 7,i7 described in subsection 7a77#a7 or 7b77#a7 of section #cje to support or assist the foreign trading partner in a manner proportionate to the economic coercion2 or 7,,ii7 described in subsection 7a77#b7 or 7b77#b7 of section #cje to penalize the foreign adversary in a manner proportionate to the economic coercion2 7iii7 justification for why the requested authorities are appropriate for the specific act of economic coercion2 and 7iv7 a statement of administration action outlining the intended use of the requested authorities4 7#b7 ,information2 hearings ,to inform the determination and the formulation of a request under paragraph 7#a71 the ,president shall-- 7,a7 obtain the written opinion and analysis of the ,secretary of ,state1 the ,secretary of ,commerce1 the ,secretary of the ,treasury1 the ,united ,states ,trade ,representative1 and the heads of other ,federal agencies1 as the ,president considers appropriate2 7,b7 seek information and advice from and consult with other relevant officers of the ,united ,states2 and 7,c7 afford other interested parties an opportunity to present relevant information and advice4 7#c7 ,consultation with congress ,in developing the determination and the formulation of the request under paragraph 7#a71 the ,president shall consult with the appropriate congressional committees-- 7,a7 during the #dj-;day period beginning #cj days before such request is submitted to ,congress2 and 7,b7 not less frequently than once every #ahj days while exercising the requested authority4 7#d7 ,notice ,not later than #cj days after the date on which the ,president determines that a foreign trading partner is subject to economic coercion or submits the request under paragraph 7#a71 the ,president shall publish in the ,federal ,register-- 7,a7 a notice of the determination and the submission of the request2 and 7,b7 a description of the economic coercion that the foreign adversary is applying to the foreign trading partner and other circumstances that led to such determination and the submission of the request4 7b7 ,emergency presidential determination 7#a7 ,in general ,if the ,president determines1 on an emergency basis1 that a foreign trading partner is subject to economic coercion by a foreign adversary1 the ,president may exercise1 for a period not exceeding #ij days1 any authority described in section #cje7;a74 7#b7 ,notices 7,a7 ,in general ,not later than #e days after an emergency determination under paragraph 7#a71 the ,president shall submit to the appropriate congressional committees a notice of such determination4 7,b7 ,exercise of authority ,not later than #e days after the exercise of any authority that relies on the determination for which the ,president submitted notice pursuant to subparagraph 7,a71 the ,president shall submit to the appropriate congressional committees a notice of how the ,president intends to use such authorities4 7c7 ,revocation of determination 7#a7 ,revocation of extended determination ,a determination made by the ,president pursuant to subsection 7a7 shall be revoked on the earliest of-- 7,a7 the date that is #b years after the date of such determination2 7,b7 the date of the enactment of a joint resolution of disapproval revoking such determination2 or 7,c7 the date on which the ,president issues a proclamation revoking such determination4 7#b7 ,revocation of emergency determination ,a determination made by the ,president pursuant to subsection 7b7 shall be revoked on the earliest of-- 7,a7 the date that is #ij days after the date of such determination2 7,b7 the date of the enactment of a joint resolution of disapproval revoking such determination2 or 7,c7 the date on which the ,president issues a proclamation revoking such determination4 7#c7 ,termination of authorities ,any authority described in section #cje exercised pursuant to a determination that has been revoked pursuant to paragraph 7#a7 or paragraph 7#b7 shall cease to be exercised on the date of such revocation1 except that such revocation shall not affect-- 7,a7 any action taken or proceeding pending not finally concluded or determined on such date2 or 7,b7 any rights or duties that matured or penalties that were incurred before such date4 #cje4 ,authorities to respond to economic coercion 7a7 ,authorities ,to respond to emergency acts of economic coercion 7#a7 ,authorities relating to foreign trading partners ,the authorities described in this paragraph are-- 7,a7 providing immediate financial assistance to a foreign trading partner through the provision of existing unobligated funds1 without further appropriation2 7,b7 instructing the ,united ,states ,executive ,director at each international financial institution of the ,world ,bank ,group1 the ,executive ,director at the ,inter-,american ,development ,bank1 the ,executive ,director of the ,african ,development ,bank1 the ,director of the ,european ,bank for ,reconstruction and ,development1 and the ,director of the ,asian ,development ,bank1 as appropriate1 to use the voice and vote of the ,united ,states at the respective institution to vote for emergency lending to a foreign trading partner of the ,united ,states2 7,c7 providing technical assistance and analysis to a ,united ,states ,embassy hosted by a foreign trading partner experiencing an act of economic coercion and to the ,united ,states ,government through a specialist interagency team that-- 7i7 consists of international trade1 finance1 and economic policy experts authorized by the ,president from relevant ,federal departments and agencies1 including-- 7,i7 the ,department of ,state2 7,,ii7 the ,department of ,commerce2 7,,iii7 the ,department of ,agriculture2 7,,iv7 the ,department of the ,treasury2 7,v7 the ,office of the ,united ,states ,trade ,representative2 and 7,,vi7 the ,office of the ,director of ,national ,intelligence2 7ii7 may provide specific advice to the government of a foreign trading partner regarding both short-term and long-term vulnerabilities to economic coercion2 and 7iii7 shall have a duration of assignment determined by the ,president1 in consultation with the heads of the relevant ,federal departments and agencies4 7#b7 ,authorities with respect to foreign adversaries ,the authorities described in this paragraph are-- 7,a7 initiating an investigation of the economic coercion in accordance with section #cjb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdab72 and 7,b7 an action authorized under section #cja of such ,act 7#ai ,u4,s4,c4 #bdaa7 if an affirmative determination has been made pursuant to section #cjd of such ,act 7#ai ,u4,s4,c4 #bdad7 in connection with an investigation described in subparagraph 7,a74 7b7 ,authorities ,to respond to extended acts of economic coercion 7#a7 ,authorities with respect to foreign trading partners ,the authorities described in this paragraph are-- 7,a7 an expedited review of a country's eligibility for trade preference programs2 7,b7 requesting appropriations for foreign aid to the foreign trading partner2 7,c7 an expedited decision with respect to the issuance of licenses for the export or reexport to1 or in-country transfer in1 the foreign trading partner of items subject to controls under the ,export ,administration ,regulations1 consistent with the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja et seq472 7,d7 the expedited regulatory processes related to the importation of goods and services into the ,united ,states from the foreign trading partner2 7,e7 requesting the necessary authority and appropriations for sovereign loan guarantees to the foreign trading partner2 7,f7 waiving policy requirements 7other than policy requirements mandated by an ,act of ,congress1 including the policies and procedures established pursuant to section #aa of the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce;i-#e771 to the extent necessary to facilitate the provision of financing to support exports to the foreign trading partner2 7,g7 requesting appropriations for loan loss reserves to facilitate the provision of financing to support ,united ,states exports to the foreign trading partner2 7,h7 the exemption of financing provided to support ,united ,states exports to the foreign trading partner under section #h7;g77#a7 of the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce;g7g77#a772 7,i7 providing technical assistance and legal expertise through the ,office of the ,united ,states ,trade ,representative to support the trading partner's pursuit of a case at the ,world ,trade ,organization regarding the economic coercion2 7,j7 ,united ,states participation as a third party in support of any case brought by the trading partner at the ,world ,trade ,organization regarding the economic coercion2 and 7,k7 expedited review of petitions under the ,generalized ,system of ,preferences set forth in title ,v of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdfa et seq47 related to article and country eligibility1 competitive need limitation waivers1 and product redesignations4 7#b7 ,authorities with respect to foreign adversaries ,the authorities described in this paragraph are-- 7,a7 initiating an investigation of the economic coercion in accordance with section #cjb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdab72 7,b7 an action authorized under section #cja of such ,act 7#ai ,u4,s4,c4 #bdaa7 if an affirmative determination has been made pursuant to section #cjd of such ,act 7#ai ,u4,s4,c4 #bdad7 in connection with an investigation described in subparagraph 7,a74 #cjf4 ,coordination with allies and partners 7a7 ,coordination by president ,after a determination by the ,president that a foreign trading partner is subject to economic coercion by a foreign adversary1 the ,president shall endeavor to coordinate-- 7#a7 the exercise of the authorities described in section #cje with the exercise of relevant authorities by allies and partners to broaden economic support to the foreign trading partner affected by economic coercion2 and 7#b7 with allies and partners to issue joint condemnation of the actions of the foreign adversary and support for the foreign trading partner4 7b7 ,coordination by ,secretary ,the ,secretary1 in coordination with the heads of relevant ,federal agencies1 shall endeavor-- 7#a7 to encourage allies and partners to identify or create mechanisms and authorities necessary to facilitate the coordination described in subsection 7a77#a72 7#b7 to coordinate with allies and partners to increase opposition to economic coercion in the international community2 7#c7 to coordinate with allies and partners to deter the use of economic coercion by foreign adversaries2 and 7#d7 to engage with foreign trading partners to gather information about possible instances of economic coercion and share such information with the appropriate congressional committees4 7c7 ,coordination by ,united ,states ,trade ,representative ,the ,united ,states ,trade ,representative shall examine the viability and utility of working with allies and partners at the ,world ,trade ,organization to negotiate a multilateral agreement regarding cooperation to address economic coercion4 #cjg4 ,expedited consideration of economic coercion response package 7a7 ,definitions ,in this section3 7#a7 ,implementation bill ,the term implementation bill means a bill of ,congress consisting solely of the authorities requested by the ,president 7referred to in this section as the ,economic ,coercion ,response ,package7 pursuant to section #cjd7;a74 7#b7 ,instructions ,the term instructions refers to the specific recommendations or actions requested by the ,president that detail the authorities to be exercised to respond to economic coercion4 7b7 ,instructions 7#a7 ,presidential submission ,if the ,president determines that a foreign trading partner is subject to economic coercion1 the ,president shall submit to ,congress an ,economic ,coercion ,response ,package pursuant to section #cjd7;a71 including detailed instructions outlining the specific actions and authorities requested4 7#b7 ,committee instructions ,each ,economic ,coercion ,response ,package submitted pursuant to paragraph 7#a7 shall include instructions to the relevant congressional committees specifying the actions to be taken within their respective jurisdictions4 7c7 ,committee action 7#a7 ,referral to committees ,each ,economic ,coercion ,response ,package1 submitted to ,congress pursuant to section #cjd7;a7 shall be immediately referred to the congressional committees with subject matter jurisdiction over the specific actions and authorities requested4 7#b7 ,committee responsibility ,each congressional committee identified in the instructions described in subsection 7b7 shall1 not later than #ae legislative days after receiving such instructions-- 7,a7 draft its portion of the implementation bill2 and 7,b7 report such portion to the clerk of the ,senate or of the ,house of ,representatives1 as appropriate4 7#c7 ,failure to report ,if any congressional committee fails to report its respective portion within the period provided under paragraph 7#b71 such portion may not be included in the implementation bill4 7#d7 ,amendments ,members of the congressional committees with jurisdiction over the subject matter of a portion of the implementation bill may offer germane amendments to such portion before it is reported by the committee4 7d7 ,aggregation of provisions 7#a7 ,committee reports ,after all of the congressional committee in either the ,senate or the ,house of ,representatives with subject matter jurisdiction have reported their respective portions of the implementation bill or have failed to report such portion within the period prescribed under subsection 7c77#b71 all of the reported provisions shall be combined into a single implementation bill4 7#b7 ,no reports ,if none of the congressional committees with subject matter jurisdiction reports their assigned provisions1 no implementation bill may be introduced4 7#c7 ,final bill ,the implementation bill described in paragraph 7#a7 shall-- 7,a7 include all of the provisions that have been reported by the congressional committees with subject matter jurisdiction2 and 7,b7 be considered on the floor of the ,senate or the ,house of ,representatives1 as appropriate4 7e7 ,consideration in the ,house of ,representatives 7#a7 ,introduction ,if the ,president submits an ,economic ,coercion ,response ,package pursuant to section #cjd7;a7 and #a or more committees of the ,house of ,representatives have reported their respective provisions1 the implementation bill may be introduced in the ,house of ,representatives 7by request7-- 7,a7 by the majority leader of the ,house of ,representatives1 or by a member of the ,house of ,representatives designated by the majority leader1 on the next legislative day following the combination of provisions pursuant to subsection 7d72 or 7,b7 if the implementation bill is not introduced pursuant to subparagraph 7,a71 by any member of the ,house of ,representatives on any subsequent legislative day4 7#b7 ,proceeding to consideration ,after the introduction of the implementation bill1 it shall be in order to move to proceed to consider the implementation bill in the ,house of ,representatives4 ,the previous question shall be considered as ordered on the motion to its adoption without intervening motion4 ,a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7#c7 ,consideration ,the implementation bill shall be considered as read4 ,all points of order against the implementation bill and against its consideration are waived4 ,the previous question shall be considered as ordered on the request to its passage without intervening motion except #b hours of debate equally divided and controlled by the proponent and an opponent1 and #a motion to limit debate on the request4 ,a motion to reconsider the vote on passage of the implementation bill shall not be in order4 7#d7 ,amendments ,amendments to the implementation bill shall be in order1 and debate on any amendment shall be limited to #aj minutes1 equally divided by the proponent and an opponent4 7#e7 ,vote on passage ,the vote on passage of the implementation bill shall occur not later than #c legislative days after the date of its introduction in the ,house of ,representatives4 7f7 ,expedited procedure in the ,senate 7#a7 ,introduction in the senate ,if the ,president submits an ,economic ,coercion ,response ,package pursuant to section #cjd7;a7 and #a or more committees of the ,senate with subject matter jurisdiction have reported their respective provisions1 the implementation bill shall be introduced in the ,senate1 by request1 by the majority leader of the ,senate 7for himself or herself and the minority leader of the ,senate7 or by any member of the ,senate designated by the majority leader4 ,if the ,senate is not in session on the day on which the implementation bill is ready for introduction1 the implementation bill shall be introduced as provided on the first day thereafter on which the ,senate is in session4 7#b7 ,proceeding to consideration ,notwithstanding ,rule ,,xxii of the ,standing ,rules of the ,senate1 it is in order1 not later than #b session days after the date on which the implementation bill is introduced1 for the majority leader of the ,senate or his or her designee to move to proceed to the consideration of the implementation bill4 ,a motion to proceed is in order even though a previous motion to the same effect has been disagreed to4 ,all points of order against the motion to proceed to the bill are waived4 ,the motion to proceed is not debatable4 ,the motion is not subject to a motion to postpone4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of the bill is agreed to1 the bill shall remain the unfinished business until disposed of4 ,all points of order against the bill and against consideration of the bill are waived4 7#c7 ,consideration ,debate on the implementation bill1 and on all debatable motions and appeals in connection with such bill1 shall be limited to not more than #aj hours1 which shall be divided equally between the majority and minority leaders or their respective designees4 ,germane amendments to the implementation bill shall be in order1 and debate on any amendment shall be limited to #aj minutes1 equally divided between the proponent of the bill and an opponent of the bill4 ,a motion to further limit debate is not in order4 ,no motion to postpone1 motion to proceed to the consideration of other business1 or motion to recommit the bill is in order4 7#d7 ,vote on passage ,the vote on passage of the implementation bill shall occur immediately following the conclusion of the debate on the request and a single quorum call at the conclusion of the debate1 if requested in accordance with the rules of the ,senate4 7g7 ,consideration by the other house 7#a7 ,in general ,if1 before passing an implementation bill1 #a ,house of ,congress receives from the other ,house an implementation bill consisting solely of the text of the ,economic ,coercion ,response ,package submitted by the ,president pursuant to section #cjd7;a7-- 7,a7 the implementation bill of the other ,house shall not be referred to a committee of such ,house2 and 7,b7 the procedure in the receiving ,house shall be the same as if no implementation bill had been received from the other ,house until the vote on passage1 when the implementation bill received from the other ,house shall supplant the implementation bill of the receiving ,house4 7#b7 ,no implementation bill in the senate ,if1 after the ,president submits an ,economic ,coercion ,response ,package pursuant to section #cjd7;a71 an implementation bill is not introduced in the ,senate or if the ,senate fails to consider an implementation bill pursuant to this section1 the implementation bill of the ,house of ,representatives shall be entitled to expedited floor procedures under this section4 7#c7 ,treatment of companion measure in the senate ,if1 after the ,senate passes an implementation bill1 the ,senate receives from the ,house of ,representatives an implementation bill consisting of text that is identical to the ,senate-passed implementation bill1 the ,house-passed implementation bill shall not be debatable4 ,the vote on passage of the implementation bill in the ,senate shall be considered to be the vote on passage of the implementation bill received from the ,house of ,representatives4 7h7 ,vetoes ,if the ,president vetoes an implementation bill1 consideration of a veto message in the ,senate shall be limited to #aj hours1 equally divided between the majority and minority leaders of the ,senate or the designees of the majority and minority leaders of the ,senate4 7i7 ,constructive resubmission 7#a7 ,in general ,in addition to the expedited procedures otherwise provided under this section1 in case of an implementation bill consisting solely of the text of the ,economic ,coercion ,response ,package submitted by the ,president pursuant to section #cjd7;a71 the expedited procedures under this section shall apply to such implementation bill during the period-- 7,a7 beginning on the date occurring-- 7i7 in the case of the ,senate1 #cj session days before the date on which ,congress adjourns a session of ,congress2 or 7ii7 in the case of the ,house of ,representatives1 #cj days before the date on which ,congress adjourns a session of ,congress2 and 7,b7 ending on the date on which the same or succeeding ,congress first convenes its next session4 7#b7 ,application ,in applying this section for the purposes of constructive resubmission1 an implementation bill described under paragraph 7#a7 shall be treated as though such implementation bill were submitted on-- 7,a7 in the case of the ,senate1 the #aeth session day2 or 7,b7 in the case of the ,house of ,representatives1 the #aeth legislative day1 after the succeeding session of ,congress first convenes4 7#c7 ,limitation ,a constructive resubmission of an implementation bill pursuant to this subsection shall not apply if a vote with respect to the implementation bill was taken in either ,house in a preceding session of ,congress4 #cjh4 ,process for joint resolutions of disapproval 7a7 ,definitions ,in this section1 the term joint resolution of disapproval means1 with respect to an emergency determination pursuant to section #cjd7;b71 per the revocation outlined in section #cjd7;c71 only a joint resolution of either ,house of ,congress-- 7#a7 that does not have a preamble2 7#b7 the title of which is as follows3 8,a joint resolution disapproving the emergency authorities to act against economic coercion1 as exercised by the ,president under section #cjd7;b7 of the ,countering ,economic ,coercion ,act of #bjbd2 and 7#c7 the sole matter after the resolving clause of which is as follows3 ,that ,congress disapproves the authorities exercised by the ,president under section #cjd7;b7 of the ,countering ,economic ,coercion ,act of #bjbd1 submitted to ,congress on 41 with the blank space being filled with the appropriate date4 7b7 ,joint resolution of disapproval for emergency determination 7#a7 ,introduction 7,a7 ,introduction in the house of representatives ,during a period of #e legislative days beginning on the date that a notice of action is submitted to the appropriate congressional committees in accordance with section #d7;b77#b77;,b71 a joint resolution of disapproval may be introduced in the ,house of ,representatives by the majority leader or the minority leader4 7,b7 ,introduction in the senate ,during a period of #e days on which the ,senate is in session beginning on the date that a notice of action is submitted to the appropriate congressional committees in accordance with section #d7;b77#b77;,b71 a joint resolution of disapproval may be introduced in the ,senate by the majority leader 7or the majority leader's designee7 or the minority leader 7or the minority leader's designee74 7c7 ,floor consideration in the ,house of ,representatives 7#a7 ,reporting and discharge ,if a committee of the ,house of ,representatives to which a joint resolution of disapproval has been referred has not reported such joint resolution within #aj legislative days after the date of such referral1 such committee shall be discharged from further consideration of the joint resolution4 7#b7 ,proceeding to consideration ,in the ,house of ,representatives1 the following procedures shall apply to a joint resolution of disapproval3 7,a7 ,beginning on the third legislative day after each committee to which a joint resolution of disapproval has been referred reports it to the ,house of ,representatives or has been discharged from further consideration of the joint resolution1 it shall be in order to move to proceed to consider the joint resolution in the ,house of ,representatives4 7,b7 ,all points of order against the motion are waived4 ,such a motion shall not be in order after the ,house of ,representatives has disposed of a motion to proceed on a joint resolution with regard to the same certification4 ,the previous question shall be considered as ordered on the motion to its adoption without intervening motion4 ,the motion shall not be debatable4 ,a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7#c7 ,consideration ,the joint resolution shall be considered as read4 ,all points of order against the joint resolution and against its consideration are waived4 ,the previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except #b hours of debate1 equally divided and controlled by the sponsor of the joint resolution 7or a designee7 and an opponent4 ,a motion to reconsider the vote on passage of the joint resolution shall not be in order4 7d7 ,consideration in the ,senate 7#a7 ,committee referral ,a joint resolution of disapproval introduced in the ,senate shall be referred to the ,committee on ,foreign ,relations of the ,senate4 7#b7 ,reporting and discharge ,if the ,committee on ,foreign ,relations of the ,senate does not report a joint resolution of disapproval within #aj days during which the ,senate is in session after the date such resolution was referred to such committee1 the committee shall be discharged from further consideration of such joint resolution and the joint resolution shall be placed on the appropriate calendar4 7#c7 ,motion to proceed ,notwithstanding ,rule ,,xxii of the ,standing ,rules of the ,senate1 it is in order at any time after the ,committee on ,foreign ,relations of the ,senate reports the joint resolution of disapproval to the ,senate or has been discharged from its consideration 7even though a previous motion to the same effect has been disagreed to7 to move to proceed to the consideration of the joint resolution1 and all points of order against the joint resolution 7and against consideration of the joint resolution7 shall be waived4 ,the motion to proceed is not debatable4 ,the motion is not subject to a motion to postpone4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of the joint resolution of disapproval is agreed to1 the joint resolution shall remain the unfinished business until disposed4 7#d7 ,debate ,debate on a joint resolution of disapproval1 and on all debatable motions and appeals in connection with such joint resolution1 shall be limited to not more than #aj hours1 which shall be divided equally between the majority and minority leaders or their designees4 ,a motion to further limit debate is in order and not debatable4 ,an amendment to1 or a motion to postpone1 or a motion to proceed to the consideration of other business1 or a motion to recommit the joint resolution is not in order4 7#e7 ,vote on passage ,the vote on passage of a joint resolution of disapproval shall occur immediately following the conclusion of the debate on the joint resolution of disapproval and a single quorum call at the conclusion of the debate1 if requested in accordance with the rules of the ,senate4 7#f7 ,rules of the chair on procedure ,appeals from the decisions of the ,chair relating to the application of the rules of the ,senate1 as the case may be1 to the procedure relating to the joint resolution of disapproval shall be decided without debate4 7#g7 ,consideration of veto messages ,debate in the ,senate of any veto message with respect to a joint resolution of disapproval1 including all debatable motions and appeals in connection with such joint resolution1 shall be limited to #aj hours1 to be equally divided between1 and controlled by1 the majority leader and the minority leader or their designees4 7e7 ,procedures in the ,senate ,except as otherwise provided in this section1 the following procedures shall apply in the ,senate to a joint resolution of disapproval to which this section applies3 7#a7 ,except as provided in paragraph 7#b71 a joint resolution of disapproval that has been passed by the ,house of ,representatives shall1 when received in the ,senate1 be referred to the ,committee on ,foreign ,relations of the ,senate for consideration in accordance with this subsection4 7#b7 ,if a joint resolution of disapproval to which this section applies was introduced in the ,senate before receipt of a joint resolution of disapproval that has passed the ,house of ,representatives1 the joint resolution from the ,house of ,representatives shall1 when received in the ,senate1 be placed on the calendar4 ,if this paragraph applies1 the procedures in the ,senate with respect to a joint resolution of disapproval introduced in the ,senate that contains the identical matter as a joint resolution of disapproval that passed the ,house of ,representatives shall be the same as if no joint resolution of disapproval had been received from the ,house of ,representatives1 except that the vote on passage in the ,senate shall be on the joint resolution of disapproval that passed the ,house of ,representatives4 7f7 ,rules of the ,house of ,representatives and the ,senate ,this section is enacted by ,congress-- 7#a7 as an exercise of the rulemaking power of the ,senate and the ,house of ,representatives1 respectively1 and as such is deemed a part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house in the case of a joint resolution of disapproval under this paragraph1 and supersedes other rules only to the extent that it is inconsistent with such rules2 and 7#b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 ,b ,other matters ,to counter predatory economic practices by the ,people's ,republic of ,china #caa4 ,predatory pricing by entities owned1 controlled1 or directed by a foreign state 7a7 ,prohibited acts 7#a7 ,in general ,no entity owned1 controlled1 or directed by a foreign state or an agent or instrumentality of a foreign state 7as defined in section #afjc of title #bh1 ,united ,states ,code7 and participating in international commerce may establish or set prices below the average variable cost in a manner that may foreseeably harm competition4 7#b7 ,economic support ,in determining the average variable cost under paragraph 7#a71 the court may take into account the effects of economic support provided by the owning or controlling foreign state to the entity on a discriminatory basis that may allow the entity to unfairly price at or below marginal cost4 7#c7 ,government subsidies ,in determining the foreseeability of the elimination of market competitors under paragraph 7#a71 the court may take into account the aggravating factor of the actions of the foreign state owning or controlling the entity referred to in such paragraph to use government resources to subsidize or underwrite the losses of the entity in a manner that allows the entity to sustain the predatory period and recoup its losses4 7#d7 ,market power not required ,for the purpose of establishing the elements under paragraph 7#a71 the plaintiff may not be required to demonstrate that the defendant has monopoly or market power4 7b7 ,recovery of damages ,any person 7as defined in section #a7;a7 of the ,clayton ,act 7#ae ,u4,s4,c4 #ab7;a77 whose business or property is injured as a result of the actions of an entity described in subsection 7a7 shall be entitled to recovery from the defendant for damages and other related costs under section #d of such ,act 7#ae ,u4,s4,c4 #ae74 7c7 ,elements of prima facie case ,a plaintiff may initiate a claim against a defendant in an appropriate ,federal court for a violation of subsection 7a7 in order to recover damages under subsection 7b7 by-- 7#a7 establishing1 by a preponderance of the evidence1 that the defendant-- 7,a7 is a foreign state or an agency or instrumentality of a foreign state 7as such terms are defined in section #afjc of title #bh1 ,united ,states ,code72 and 7,b7 is not immune from the jurisdiction of the ,federal court pursuant to section #afje7;a77#b7 of title #bh1 ,united ,states ,code2 and 7#b7 setting forth sufficient evidence to establish a reasonable inference that the defendant has violated subsection 7a74 7d7 ,court determination leading to evidentiary burden shifting to defendant ,if a ,federal court finds that a plaintiff has met its burden of proof under subsection 7c71 the court may determine that-- 7#a7 the plaintiff has established a prima facie case that the conduct of the defendant violated subsection 7a72 and 7#b7 the defendant has the burden of rebutting such case by establishing that the defendant did not violate subsection 7a74 7e7 ,filing of amicus briefs by the ,department of ,state and the ,department of ,justice regarding international comity and harm to competition 7#a7 ,in general ,for the purposes of considering questions of international comity with respect to making decisions regarding commercial activity and the scope of applicable sovereign immunity1 the ,federal court may receive and consider relevant amicus briefs filed by the ,secretary4 7#b7 ,attorney general ,for the purposes of considering questions regarding assessing potential harm to competition1 the ,federal court may receive and consider relevant amicus briefs filed by the ,attorney ,general4 7#c7 ,savings provision ,nothing in paragraph 7#a7 may be construed to limit the ability of the ,federal court to receive and consider any other amicus briefs4 #cab4 ,expansion of offense of theft of trade secrets to include unauthorized development of products and digital articles 7a7 ,in general ,section #ahcb7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#e7 and 7#f71 respectively2 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 without authorization1 modifies or develops a product or digital article that could not have been modified or developed in the same way without access to such information2 2 and 7#c7 in paragraphs 7#e7 and 7#f71 as redesignated1 by striking 7#c7 each place it appears and inserting 7#d74 7b7 ,applicability ,to conduct outside the ,united ,states ,section #ahcg of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking or at the end2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#c7 in the case of a violation of section #ahcb7;a77#d71 the offender attempts to import a product or digital article described in such section into the ,united ,states4 4 7c7 ,definitions ,section #ahci of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c71 in the matter preceding subparagraph 7,a71 by inserting data1 after programs12 7#b7 in paragraph 7#f77;,b71 by striking and at the end2 7#c7 in paragraph 7#g7-- 7,a7 by inserting an end quote after purposes2 and 7,b7 by striking the end quote and final period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7#h7 the term digital article means an algorithm1 digitized process1 or database1 or any other electronic technology that generates1 stores1 or processes data4 4 #cac4 ,review of petitions related to intellectual property theft and forced technology transfer 7a7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 7,c7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,d7 the ,committee on the ,judiciary of the ,senate2 7,e7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,f7 the ,committee on ,financial ,services of the ,house of ,representatives2 7,g7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,h7 the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,committee ,the term ,committee means the committee established or designated pursuant to subsection 7b74 7#c7 ,foreign person ,the term foreign person means a person that is not a ,united ,states person4 7#d7 ,intellectual property ,the term intellectual property means-- 7,a7 any work protected by a copyright under title #ag1 ,united ,states ,code2 7,b7 any property protected by a patent granted by the ,united ,states ,patent and ,trademark ,office under title #ce1 ,united ,states ,code2 7,c7 any word1 name1 symbol1 or device1 or any combination thereof1 that is registered as a trademark with the ,united ,states ,patent and ,trademark ,office under the ,act entitled ,an ,act to provide for the registration and protection of trademarks used in commerce1 to carry out the provisions of certain international conventions1 and for other purposes1 approved ,july #e1 #aidf 7commonly known as the ,lanham ,act or the ,trademark ,act of #aidf7 7#ae ,u4,s4,c4 #ajea et seq472 7,d7 a trade secret 7as defined in section #ahci of title #ah1 ,united ,states ,code72 or 7,e7 any other form of intellectual property4 7#e7 ,united states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7,b7 an entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states1 including a foreign branch of such an entity4 7b7 ,establishment of a committee 7#a7 ,in general ,the ,president shall-- 7,a7 establish a multi-agency committee to carry out this section2 or 7,b7 designate an existing multi-agency committee within the executive branch to carry out this section if the ,president determines that such existing committee has the relevant expertise and personnel to carry out this section4 7#b7 ,membership ,except as provided under paragraph 7#c71 the ,committee shall be comprised of-- 7,a7 the ,secretary of the ,treasury2 7,b7 the ,secretary of ,commerce2 7,c7 the ,secretary2 7,d7 the ,attorney ,general2 7,e7 the ,director of ,national ,intelligence2 and 7,f7 the heads of such other agencies as the ,president determines appropriate1 generally or on a case-by-case basis4 7#c7 ,designee ,an official specified in paragraph 7#b7 may select a designee to serve on the ,committee from among individuals serving in positions appointed by the ,president by and with the advice and consent of the ,senate4 7#d7 ,chair and vice chair ,the ,president shall appoint a chairperson and a vice chairperson of the ,committee from among the members of the ,committee4 7c7 ,submission of petitions 7#a7 ,in general ,a ,united ,states person described in paragraph 7#c7 may submit a petition to the ,committee requesting that the ,committee-- 7,a7 review1 in accordance with subsection 7d71 a significant act or series of acts described in paragraph 7#b7 committed by a foreign person2 and 7,b7 refer the matter to the ,president with a recommendation to impose sanctions pursuant to subsection 7e7 to address any threat to the national security of the ,united ,states posed by the significant act or series of acts4 7#b7 ,significant act or series of acts described ,a significant act or series of acts described in this paragraph is a significant act or series of acts of-- 7,a7 theft of intellectual property of a ,united ,states person2 or 7,b7 forced transfer of technology that is the intellectual property of a ,united ,states person4 7#c7 ,united states person described ,a ,united ,states person is described in this paragraph if-- 7,a7 a court of competent jurisdiction in the ,united ,states has rendered a final judgment in favor of the ,united ,states person that-- 7i7 the foreign person identified in the petition submitted pursuant to paragraph 7#a7 committed the significant act or series of acts identified in the petition2 7ii7 the ,united ,states person is the owner of the intellectual property identified in the petition2 and 7iii7 the foreign person is using that intellectual property without the permission of the ,united ,states person2 and 7,b7 the ,united ,states person can provide clear and convincing evidence to the ,committee that the value of the economic loss to the ,united ,states person resulting from the significant act or series of acts exceeds #aj1jjj1jjj4 7d7 ,review and action by the ,committee 7#a7 ,review ,upon receiving a petition pursuant to subsection 7c71 the ,committee shall conduct a review of the petition in order to determine whether the imposition of sanctions pursuant to subsection 7e7 is necessary and appropriate to address any threat to the national security of the ,united ,states posed by the significant act or series of acts identified in the petition4 7#b7 ,action ,after conducting a review pursuant to paragraph 7#a7 of a petition submitted pursuant to subsection 7c71 the ,committee may take no action1 dismiss the petition1 or refer the petition to the ,president with a recommendation with respect to whether to impose sanctions under subsection 7e74 7e7 ,imposition of sanctions 7#a7 ,in general ,the ,president may impose the sanctions described in paragraph 7#c7 with respect to a foreign person identified in a petition submitted pursuant to subsection 7c7 if the ,president determines that imposing such sanctions is necessary and appropriate to address any threat to the national security of the ,united ,states posed by the significant act or series of acts identified in the petition4 7#b7 ,notice to congress ,not later than #cj days after the ,committee refers a petition to the ,president with a recommendation pursuant to subsection 7d77#b71 the ,president shall submit to the appropriate congressional committees a notice of the determination of the ,president under paragraph 7#a7 with respect to whether or not to impose sanctions described in paragraph 7#c7 with respect to each foreign person identified in the petition4 ,each notice required under this paragraph shall be submitted in unclassified form1 but may include a classified annex4 7#c7 ,sanctions described ,the sanctions that may be imposed pursuant to paragraph 7#a7 with respect to a foreign person identified in a petition submitted pursuant to subsection 7c7 are the following3 7,a7 ,export sanction ,the ,president may order the ,united ,states ,government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to the person under-- 7i7 the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja et seq472 7ii7 the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq472 7iii7 the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjaa et seq472 or 7iv7 any other statute that requires the prior review and approval of the ,united ,states ,government as a condition for the export or reexport of goods or services4 7,b7 ,loans from united states financial institutions ,the ,president may prohibit any ,united ,states financial institution from making loans or providing credits to the person totaling more than #aj1jjj1jjj in any #ab-month period unless the person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities4 7,c7 ,loans from international financial institutions ,the ,president may direct the ,united ,states executive director to each international financial institution to use the voice and vote of the ,united ,states to oppose any loan from the international financial institution that would benefit the person4 7,d7 ,prohibitions on financial institutions ,the following prohibitions may be imposed against the person if the person is a financial institution3 7i7 ,prohibition on designation as primary dealer ,neither the ,board of ,governors of the ,federal ,reserve ,system nor the ,federal ,reserve ,bank of ,new ,york may designate1 or permit the continuation of any prior designation of1 the financial institution as a primary dealer in ,united ,states ,government debt instruments4 7ii7 ,prohibition on service as a repository of government funds ,the financial institution may not serve as agent of the ,united ,states ,government or serve as repository for ,united ,states ,government funds4 7,e7 ,procurement sanction ,the ,president may prohibit the ,united ,states ,government from procuring1 or entering into any contract for the procurement of1 any goods or services from the person4 7,f7 ,foreign exchange ,the ,president may1 pursuant to such regulations as the ,president may prescribe1 prohibit any transactions in foreign exchange that are subject to the jurisdiction of the ,united ,states and in which the person has any interest4 7,g7 ,banking transactions ,the ,president may1 pursuant to such regulations as the ,president may prescribe1 prohibit any transfers of credit or payments between financial institutions or by1 through1 or to any financial institution1 to the extent that such transfers or payments are subject to the jurisdiction of the ,united ,states and involve any interest of the person4 7,h7 ,property transactions ,the ,president may1 pursuant to such regulations as the ,president may prescribe1 prohibit any person from-- 7i7 acquiring1 holding1 withholding1 using1 transferring1 withdrawing1 transporting1 importing1 or exporting any property that is subject to the jurisdiction of the ,united ,states and with respect to which the person identified in the petition has any interest2 7ii7 dealing in or exercising any right1 power1 or privilege with respect to such property2 or 7iii7 conducting any transaction involving such property4 7,i7 ,ban on investment in equity or debt of sanctioned person ,the ,president may1 pursuant to such regulations or guidelines as the ,president may prescribe1 prohibit any ,united ,states person from investing in or purchasing significant amounts of equity or debt instruments of the person4 7,j7 ,exclusion of corporate officers ,the ,president may direct the ,secretary to deny a visa to1 and the ,secretary of ,homeland ,security to exclude from the ,united ,states1 any alien that the ,president determines is a corporate officer or principal of1 or a shareholder with a controlling interest in1 the person identified in the petition4 7,k7 ,sanctions on principal executive officers ,the ,president may impose on the principal executive officer or officers of the person1 or on individuals performing similar functions and with similar authorities as such officer or officers1 any of the sanctions described in this paragraph4 7f7 ,implementation2 penalties 7#a7 ,implementation ,the ,president may exercise all authorities provided to the ,president under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out this section4 7#b7 ,penalties ,any person that violates1 attempts to violate1 conspires to violate1 or causes a violation of this section or any regulation1 license1 or order issued to carry out this section shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of such section4 7g7 ,confidentiality of information 7#a7 ,in general ,the ,committee shall protect from disclosure any proprietary information submitted by a ,united ,states person and marked as business confidential information1 unless the person submitting the information-- 7,a7 had notice1 at the time of submission1 that the information would be released by the ,committee2 or 7,b7 subsequently consents to the release of the information4 7#b7 ,treatment as trade secrets ,proprietary information submitted by a ,united ,states person pursuant to this section shall be-- 7,a7 considered to be trade secrets and commercial or financial information 7as those terms are used for purposes of section #eeb;b7c77#d7 of title #e1 ,united ,states ,code72 and 7,b7 exempt from disclosure without the express approval of the person4 7h7 ,rulemaking ,the ,president may prescribe such licenses1 orders1 and regulations as are necessary to carry out this section1 including with respect to the process by which ,united ,states persons may submit petitions pursuant to subsection 7c74 #cad4 ,fostering energy development aligned with partner country needs 7a7 ,in general ,the ,secretary may not exclude or otherwise limit the provision of funds that would otherwise have been available under any ,federal law or regulation to support natural gas and civil nuclear energy projects1 including market development1 infrastructure1 technology1 or technical assistance on the basis that-- 7#a7 such projects result in new carbon emissions or associated infrastructure2 7#b7 a higher-cost and lower-emissions alternative is available2 or 7#c7 lower cost alternatives are available where pricing does not take into account dispatchability1 given the importance of flexible generation for ensuring a stable and reliable power supply4 7b7 ,partner country driven energy projects ,in prioritizing energy projects for which ,united ,states allies and partners are seeking assistance authorized to be appropriated under ,federal law the ,secretary should take into consideration-- 7#a7 the objectives of improving-- 7,a7 energy access within the partner country2 7,b7 energy security2 and 7,c7 economic needs of the host country2 7#b7 appropriate coordination with host country government authorities2 and 7#c7 the national security or foreign policy interests of the ,united ,states4 7c7 ,additional funding ,federal foreign assistance funds allocated to an energy project-- 7#a7 shall be in addition to investments made by the ,united ,states private sector and the private sector of ,united ,states partners or allied countries2 and 7#b7 should not displace or complicate private sector involvement in the development of host country energy resources4 7d7 ,chief of mission authority ,the ,secretary shall be responsible for the management and operation of commercial engagements on all energy projects conducted under chief of mission authority at all ,united ,states embassies4 #cae4 ,opposition of ,united ,states to an increase in weight of ,chinese renminbi in ,special ,drawing ,rights basket of ,international ,monetary ,fund 7a7 ,in general ,the ,secretary of the ,treasury shall instruct the ,united ,states ,governor of1 and the ,united ,states ,executive ,director at1 the ,international ,monetary ,fund to use the voice and vote of the ,united ,states to oppose any increase in the weight of the ,chinese renminbi in the basket of currencies used to determine the value of ,special ,drawing ,rights1 unless the ,secretary of the ,treasury has submitted a written report to the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,committee on ,financial ,services of the ,house of ,representatives that includes a certification that-- 7#a7 the ,,prc is in compliance with all its obligations under ,article ,,viii of the ,articles of ,agreement of the ,fund2 7#b7 during the preceding #ab months1 there has not been a report submitted under section #cjje of the ,omnibus ,trade and ,competitiveness ,act of #aihh 7#bb ,u4,s4,c4 #ecje7 or section #gja of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7#ai ,u4,s4,c4 #ddba7 in which the ,,prc has been found to have manipulated its currency2 and 7#c7 the ,,prc has instituted and is implementing the policies and practices necessary to ensure that the renminbi is freely usable 7within the meaning of ,article ,,xxx7f7 of the ,articles of ,agreement of the ,fund74 7b7 ,sunset ,subsection 7a7 shall have no force or effect beginning on the date that is #aj years after the date of the enactment of this ,act4 #caf4 ,strengthening congressional oversight of ,special ,drawing ,rights at ,international ,monetary ,fund ,section #f of the ,special ,drawing ,rights ,act 7#bb ,u4,s4,c4 #bhfq7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking each basic period and inserting any #aj-year period2 and 7,b7 by inserting #be percent of before the ,united ,states quota2 and 7#b7 in subsection 7b77#a7-- 7,a7 by inserting 1 or consent to or acquiesce in such an allocation1 before without consultations2 and 7,b7 by striking #ij days and inserting #ahj days4 #cag4 ,security and oversight for international landholdings 7a7 ,review by ,committee on ,foreign ,investment in the ,united ,states of certain agricultural real estate transactions ,section #gba7;a77#d77;,b7 of the ,defense ,production ,act of #aiej1 as amended by section #cjh1 is further amended by adding at the end the following3 7vii7 ,any acquisition or transfer of an interest1 other than a security1 in agricultural land held by a person that is a national of1 or is organized under the laws or otherwise subject to the jurisdiction of1 a country-- 7,i7 designated as a nonmarket economy country pursuant to section #gga7ah7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7ah772 or 7,,ii7 identified as a country that poses a risk to the national security of the ,united ,states in the most recent annual report on worldwide threats issued by the ,director of ,national ,intelligence pursuant to section #ajh;,b of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjdc;b7 7commonly known as the ,annual ,threat ,assessment74 4 7b7 ,review by ,committee on ,foreign ,investment in the ,united ,states of real estate transactions near military installations ,section #gba7;a77#d77;,b7 of the ,defense ,production ,act of #aiej1 as amended by subsection 7a7 and sections #ajb7;a77#a77;,b7 and #cjh7;a71 is further amended by adding at the end the following3 7viii7 ,any acquisition or transfer of an interest1 other than a security1 in any form of real estate that is located not more than #ej miles from a military installation 7as defined in section #bhja7;c77#d7 of title #aj1 ,united ,states ,code7 other than residential property held by a person that is a national of1 or is organized under the laws or otherwise subject to the jurisdiction of1 a country described in clause 7vii74 4 7c7 ,expansion of membership in ,committee on ,foreign ,investment in the ,united ,states ,section #gba7k77#f7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #defe7k77#f77 is amended to read as follows3 7#f7 ,other members ,the chairperson shall include the heads of relevant departments1 agencies1 and offices 7or the designee of any such head7 in any review or investigation under subsection 7b71 on the basis of the facts and circumstances of the covered transaction under review or investigation4 4 7d7 ,prohibition on use of funds for certain agricultural real estate holdings ,no assistance1 including subsidies1 may be provided by any ,federal agency to a person for an agricultural real estate holding wholly or partly owned by a person that is a national of1 or is organized under the laws or otherwise subject to the jurisdiction of1 a country described in section #gba7;a77#d77;,b77viii7 of the ,defense ,production ,act of #aiej1 as added by subsection 7a74 7e7 ,disclosure requirements for foreign agricultural real estate holdings 7#a7 ,reporting requirements ,section #b7;a7 of the ,agricultural ,foreign ,investment ,disclosure ,act of #aigh 7#g ,u4,s4,c4 #ceja7;a77 is amended-- 7,a7 in the first sentence of the matter preceding paragraph 7#a7-- 7i7 by inserting 1 or enters into a leasing agreement the period of which is longer than #e years with respect to agricultural land1 after agricultural land2 and 7ii7 by striking acquisition or transfer and inserting acquisition1 transfer1 or lease2 and 7,b7 in paragraph 7#d71 by striking acquired or transferred and inserting acquired1 transferred1 or leased4 7#b7 ,revocation of minimum acreage requirement ,section #i7a7 of the ,agricultural ,foreign ,investment ,disclosure ,act of #aigh 7#g ,u4,s4,c4 #cejh7a77 is amended by inserting 1 subject to the condition that the ,secretary may not exclude land from this definition based on the acreage of the land before the semicolon at the end4 7f7 ,reports of holdings of agricultural land in the ,united ,states by foreign persons ,section #f of the ,agricultural ,foreign ,investment ,disclosure ,act of #aigh 7#g ,u4,s4,c4 #ceje7 is amended-- 7#a7 by striking the section designation and heading and all that follows through ,not later than and inserting the following3 #f4 ,reports 7a7 ,transmission of reports to ,states ,not later than 2 and 7#b7 by adding at the end the following3 7b7 ,annual report 7#a7 ,in general ,the ,secretary shall prepare and make publicly available an annual report describing holdings of agricultural land by foreign persons1 as determined by the reports submitted pursuant to section #b1 including-- 7,a7 an analysis of the countries with the most extensive agricultural land holdings on a ,state-by-,state and county-by-county basis2 7,b7 data and an analysis of agricultural land holdings in each county in the ,united ,states by a foreign person from-- 7i7 the ,people's ,republic of ,china2 7ii7 the ,russian ,federation2 or 7iii7 any other country that the ,secretary determines to be appropriate2 7,c7 an analysis of the sectors and industries for which the agricultural land holdings are used2 and 7,d7 in consultation with the ,director of the ,united ,states ,geological ,survey1 an identification of countries that own or lease water rights and mineral deposits on a ,state-by-,state and county-by-county basis4 7#b7 ,transmission to states ,the ,secretary shall transmit each report prepared pursuant to paragraph 7#a7 to each ,state department of agriculture or appropriate ,state agency described in subsection 7a7 in conjunction with the applicable reports transmitted pursuant to that subsection4 4 #cah4 ,intellectual property violators list 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 and not less frequently than annually thereafter for the following #e years1 the ,secretary1 in coordination with the ,secretary of ,commerce1 the ,attorney ,general1 the ,united ,states ,trade ,representative1 and the ,director of ,national ,intelligence1 shall create a list 7referred to in this section as the ,,ip violators list7 that identifies-- 7#a7 all centrally administered state-owned enterprises incorporated in the ,people's ,republic of ,china that have benefitted from-- 7,a7 a significant act or series of acts of intellectual property theft that subjected a ,united ,states economic sector or particular company incorporated in the ,united ,states to harm2 or 7,b7 an act or government policy of involuntary or coerced technology transfer of intellectual property ultimately owned by a company incorporated in the ,united ,states2 and 7#b7 any corporate officer of1 or principal shareholder with controlling interests in1 an entity described in paragraph 7#a74 7b7 ,rules for identification ,to determine whether there is a credible basis for determining that a company should be included on the ,,ip violators list1 the ,secretary1 in coordination with the ,secretary of ,commerce1 the ,united ,states ,trade ,representative1 and the ,director of ,national ,intelligence1 shall consider-- 7#a7 any finding by a ,united ,states court that the company has violated relevant ,united ,states laws intended to protect intellectual property rights2 or 7#b7 substantial and credible information received from any entity described in subsection 7c7 or other interested persons4 7c7 ,consultation ,in carrying out this section1 the ,secretary1 in coordination with the ,secretary of ,commerce1 the ,united ,states ,trade ,representative1 and the ,director of ,national ,intelligence1 may consult1 as necessary and appropriate1 with-- 7#a7 other ,federal agencies1 including independent agencies2 7#b7 the private sector2 7#c7 civil society organizations with relevant expertise2 and 7#d7 the ,governments of ,australia1 of ,canada1 of the ,european ,union1 of ,japan1 of ,new ,zealand1 of ,south ,korea1 and of the ,united ,kingdom4 7d7 ,report 7#a7 ,in general ,the ,secretary shall publish1 in the ,federal ,register1 an annual report that-- 7,a7 lists the companies engaged in the activities described in subsection 7a77#a72 7,b7 describes the circumstances surrounding actions described in subsection 7a77#b71 including any role of the ,government of the ,people's ,republic of ,china2 7,c7 assesses1 to the extent practicable1 the economic advantage derived by the companies engaged in the activities described in subsection 7a77#a72 and 7,d7 assesses whether each company engaged in the activities described in subsection 7a77#a7 is using or has used the stolen intellectual property in commercial activity in ,australia1 ,canada1 the ,european ,union1 ,japan1 ,new ,zealand1 ,south ,korea1 the ,united ,kingdom1 or the ,united ,states4 7#b7 ,form ,the report published pursuant to paragraph 7#a7 shall be published in unclassified form1 but may include a classified annex4 7e7 ,declassification and release ,the ,director of ,national ,intelligence may authorize the declassification of information1 as appropriate1 used to prepare the report published pursuant to subsection 7d74 7f7 ,requirement ,to protect business-,confidential information 7#a7 ,in general ,the ,secretary and the heads of all other ,federal agencies involved in the production of the ,,ip violators list shall protect from disclosure any proprietary information submitted by a private sector participant and marked as business-confidential information1 unless the party submitting the confidential business information-- 7,a7 had notice1 at the time of submission1 that such information would be released by the ,secretary2 or 7,b7 subsequently consents to the release of such information4 7#b7 ,nonconfidential version of report ,if confidential business information is provided by a private sector participant1 a nonconfidential version of the report under subsection 7d7 shall be published in the ,federal ,register that summarizes or deletes1 if necessary1 such confidential business information4 7#c7 ,treatment as trade secrets ,proprietary information submitted by a private party pursuant to this section-- 7,a7 shall be considered to be trade secrets and commercial or financial information 7as defined under section #eeb7;b77#d7 of title #e1 ,united ,states ,code72 and 7,b7 shall be exempt from disclosure without the express approval of the private party4 #cai4 ,annual review of the presence of ,chinese companies in ,united ,states capital markets 7a7 ,defined term ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,foreign ,relations of the ,senate2 7#b7 the ,select ,committee on ,intelligence of the ,senate2 7#c7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 7#d7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7#e7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 and 7#f7 the ,committee on ,financial ,services of the ,house of ,representatives4 7b7 ,report 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter for the following #e years1 the ,secretary1 in consultation with the ,director of ,national ,intelligence and the ,secretary of the ,treasury1 shall submit an unclassified report to the appropriate committees of ,congress that describes the risks posed to the ,united ,states by the presence in ,united ,states capital markets of companies incorporated in the ,,prc4 7#b7 ,matters to be included ,the report required under paragraph 7#a7 shall-- 7,a7 identify companies incorporated in the ,,prc that-- 7i7 are listed or traded on #a or more stock exchanges within the ,united ,states1 including over-the-counter market and ,a ,shares added to indexes and exchange-traded funds out of mainland exchanges in the ,,prc2 and 7ii7 based on the factors for consideration described in paragraph 7#c71 have knowingly and materially contributed to-- 7,i7 activities that undermine ,united ,states national security2 7,,ii7 serious abuses of internationally recognized human rights2 or 7,,iii7 a substantially increased financial risk exposure for ,united ,states-based investors2 7,b7 describe the activities of the companies identified pursuant to subparagraph 7,a71 and their implications for the ,united ,states2 and 7,c7 develop policy recommendations for the ,united ,states ,government1 ,state governments1 ,united ,states financial institutions1 ,united ,states equity and debt exchanges1 and other relevant stakeholders to address the risks posed by the presence in ,united ,states capital markets of the companies identified pursuant to subparagraph 7,a74 7#c7 ,factors for consideration ,in preparing the report required under paragraph 7#a71 the ,president shall consider whether a company identified pursuant to paragraph 7#b77;,a7-- 7,a7 has materially contributed to the development or manufacture1 or sold or facilitated procurement by the ,people's ,liberation ,army1 of lethal military equipment or component parts of such equipment2 7,b7 has contributed to the construction and militarization of features in the ,south ,china ,sea2 7,c7 has been sanctioned by the ,united ,states or has been determined to have conducted business with sanctioned entities2 7,d7 has engaged in an act or a series of acts of intellectual property theft2 7,e7 has engaged in corporate or economic espionage2 7,f7 has contributed to the proliferation of nuclear or missile technology in violation of ,united ,nations ,security ,council resolutions or ,united ,states sanctions2 7,g7 has contributed to the repression of religious and ethnic minorities within the ,,prc1 including in the ,xinjiang ,uyghur ,autonomous ,region or the ,tibet ,autonomous ,region2 7,h7 has contributed to the development of technologies that enable censorship directed or directly supported by the ,government of the ,,prc2 7,i7 has failed to comply fully with ,federal securities laws 7including required audits by the ,public ,company ,accounting ,oversight ,board7 and material risk disclosure requirements of the ,securities and ,exchange ,commission2 or 7,j7 has contributed to other activities or behavior determined to be relevant by the ,president4 7c7 ,form ,the report required under subsection 7b77#a7 shall be submitted in unclassified form1 but may include a classified annex4 7d7 ,publication ,the unclassified portion of the report under subsection 7b77#a7 shall be made accessible to the public online through relevant ,united ,states ,government websites4 #cbj4 ,prohibition on availability of funds for procurement of certain batteries 7a7 ,limitation ,beginning on ,october #a1 #bjbg1 none of the funds appropriated or otherwise made available for the ,department of ,state may be obligated or expended to procure a battery produced by an entity specified in subsection 7b74 7b7 ,entities specified ,the entities specified in this subsection are the following3 7#a7 ,contemporary ,amperex ,technology ,company1 ,limited 7also known as ,,catl74 7#b7 ,,byd ,company1 ,limited4 7#c7 ,envision ,energy1 ,limited4 7#d7 ,,eve ,energy ,company1 ,limited4 7#e7 ,gotion ,high tech ,company1 ,limited4 7#f7 ,hithium ,energy ,storage ,technology company1 ,limited4 7#g7 ,any successor to an entity specified in paragraphs 7#a7 through 7#f74 7c7 ,treatment of production ,for purposes of this section1 a battery shall be treated as having been produced by an entity specified in subsection 7b7 if such entity-- 7#a7 assembles or manufactures the final product2 or 7#b7 creates or otherwise provides a majority of the components used in the battery4 7d7 ,national interest waiver ,the ,secretary may waive the limitation under subsection 7a7 if the ,secretary submits to the appropriate congressional committees-- 7#a7 a written determination that such waiver is important to the national interests of the ,united ,states2 and 7#b7 a detailed explanation of how such waiver is important to such interests4 #cba4 ,ending support for ,,prc contracts at the ,world ,bank 7a7 ,investment ,project ,financing contracts ,the ,secretary of the ,treasury shall instruct the ,united ,states ,executive ,director at the ,international ,bank for ,reconstruction and ,development to use the voice1 vote1 and influence of the ,united ,states-- 7#a7 to limit the awarding of ,investment ,project ,financing contracts to entities or individuals organized under the laws of1 or otherwise subject to the jurisdiction of1 the ,people's ,republic of ,china1 including entities owned or controlled by the ,government of the ,people's ,republic of ,china2 7#b7 to limit the awarding of ,investment ,project ,financing contracts to entities listed on-- 7,a7 the ,non-,,sdn ,chinese ,military-,industrial ,complex ,entities ,list 7,,ns-,,cmic ,list7 or any of their subsidiaries2 7,b7 entities or individuals on the ,specially ,designated ,nationals ,list 7,,sdn ,list72 7,c7 the ,consolidated ,sanctions ,list 7,non-,,sdn ,list72 7,d7 the ,sectoral ,sanctions ,identifications ,list 7,,ssi ,list72 7,e7 the ,foreign ,sanctions ,evaders ,list 7,,fse ,list72 7,f7 the ,list of ,foreign ,financial ,institutions ,subject to ,correspondent ,account or ,payable-,through ,account ,sanctions 7,,capta ,list72 7,g7 the ,non-,,sdn ,menu-,based ,sanctions ,list 7,,ns-,,mbs ,list72 7,h7 the ,covered ,list2 7,i7 the ,entity ,list2 7,j7 the ,military ,end-,user ,list2 and 7,k7 the ,consolidated ,screening ,list2 and 7#c7 to encourage the adoption of sanctions and export control lists as appropriate as criteria in future iterations of the ,world ,bank ,procurement ,framework or successor guidance documents for ,investment ,project ,financing projects4 7b7 ,report ,beginning in the first calendar year beginning after the date of the enactment of this ,act1 the ,department of the ,treasury1 as part of the ,annual ,report to ,congress from the ,chairman of the ,national ,advisory ,council on ,international ,monetary and ,financial ,policies1 shall include-- 7#a7 information regarding any contracts awarded by the ,world ,bank ,group1 the ,european ,bank for ,reconstruction and ,development1 the ,asian ,development ,bank1 the ,african ,development ,bank1 and the ,inter-,american ,development ,bank to entities described in paragraphs 7#a7 and 7#b7 of subsection 7a7 during the preceding calendar year1 including-- 7,a7 the title or other identifying name of the project2 7,b7 a description of the project2 7,c7 the location of the project2 7,d7 the amount of funding or financing allocated for the project2 7,e7 the amount of funding or financing disbursed under the project2 and 7,f7 a summary of the status of the implementation of the project2 7#b7 to the greatest extent possible1 information regarding any other entities that submitted bids for ,investment ,project ,financing contracts ultimately awarded to persons or entities described in paragraph 7#a7 or 7#b7 of subsection 7a7 during the preceding calendar year2 7#c7 records of votes held by the ,world ,bank ,group ,boards of ,governors in the preceding calendar year regarding policies related to the ,world ,bank ,procurement ,framework2 and 7#d7 any changes to the ,framework resulting from such votes4 #cbb4 ,report on ,united ,states development efforts to counter the ,,prc's ,belt and ,road ,initiative 7a7 ,defined term ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations of the ,senate2 and ,house ,committee on ,foreign ,affairs2 7#b7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7#c7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 7#d7 the ,committee on ,finance of the ,senate2 7#e7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7#f7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7#g7 the ,committee on ,financial ,services of the ,house of ,representatives2 and 7#h7 the ,committee on ,ways and ,means of the ,house of ,representatives4 7b7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall submit a report to the appropriate congressional committees that includes-- 7#a7 a description of the current interagency process for coordinating international development projects and investments among-- 7,a7 the ,department of ,state2 7,b7 the ,united ,states ,agency for ,international ,development2 7,c7 the ,millennium ,challenge ,corporation2 7,d7 the ,united ,states ,trade and ,development ,agency2 7,e7 the ,department of ,commerce2 7,f7 the ,department of the ,treasury2 7,g7 the ,export-,import ,bank of the ,united ,states2 7,h7 the ,office of the ,united ,states ,trade ,representative2 and 7,i7 other executive branch agencies that the ,secretary considers relevant to such report2 7#b7 a list of interagency priorities when identifying and pursing joint or complementary international development projects2 7#c7 the extent to which the interagency process for identifying and pursing international development projects considers competition with the ,,prc and its ,belt and ,road ,initiative2 7#d7 the extent to which such interagency process consults with the ,department of ,defense for guidance on projects or investments that might advance ,united ,states national security interests as laid out in the ,national ,security ,strategy and the ,national ,defense ,strategy2 7#e7 an interagency strategy for identifying international development projects that can be pursued jointly or in a complementary fashion with other ,united ,states development agencies and initiatives1 including how ,united ,states ,government development agencies can work together to counter the ,,prc's ,belt and ,road ,initiative2 7#f7 how the interagency process works with global partners and allies1 including international development bodies1 to compete with the ,,prc and its ,belt and ,road ,initiative2 and 7#g7 strategic industries or regions where the ,united ,states ,government and its foreign partners should pursue more international development projects in order to compete with the ,,prc and its ,belt and ,road initiative4 ,,iv ,strengthening security alliances and partnerships ,a ,international security partners #dja4 ,defined term ,in this subtitle1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,foreign ,relations of the ,senate2 7#b7 the ,committee on ,armed ,services of the ,senate2 7#c7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7#d7 the ,committee on ,armed ,services of the ,house of ,representatives4 #djb4 ,restriction on ,track #a4e dialogues with the ,people's ,republic of ,china 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,,prc has undertaken a breathtaking expansion of its nuclear weapons and missile arsenal and is now engaged in a sprint to strategic parity with the ,united ,states2 7#b7 the ,,prc has failed to respond to ,united ,states efforts to participate in confidence-building measures related to strategic issues or to establish official dialogues with the ,united ,states on crisis stability and arms race stability2 7#c7 the ,,prc is not implementing previously agreed to military-to-military confidence-building measures that require notification of major military exercises1 nor is it adhering to the ,memorandum of ,understanding on the ,rules of ,behavior for ,safety of ,air and ,maritime ,encounters between the ,department of ,defense of the ,united ,states of ,america and the ,ministry of ,national ,defense of the ,people's ,republic of ,china1 done at ,washington and ,beijing ,november #i1 #bjad1 or its supplemental agreements2 7#d7 the ,,prc is failing to adhere to its commitment under ,article ,,vi of the ,treaty on the ,non-,proliferation of ,nuclear ,weapons1 done at ,washington1 ,london1 and ,moscow ,july #a1 #aifh 7commonly referred to as the ,nuclear ,nonproliferation ,treaty or the ,,npt71 to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament1 and on a treaty on general and complete disarmament under strict and effective international control2 7#e7 the ,,prc's nuclear weapons expansion is designed to undermine extended deterrence commitments made by the ,united ,states to allies in the ,indo-,pacific region2 7#f7 ,sino-,russian nuclear energy cooperation is designed in part to generate additional fissile material to help fuel the ,,prc's nuclear weapons expansion2 7#g7 the ,chinese ,communist ,party 7,,ccp7 does not share the ,united ,states interest in preventing proliferation and has been a central contributor to fostering the nuclear weapons and ballistic missile programs of ,pakistan1 ,north ,korea1 and ,iran2 7#h7 the ,united ,states should not continue to solicit ,chinese participation in arms control talks2 7#i7 multilateral fora like ,p-#e meetings of the nuclear-weapon states 7as defined in the ,nuclear ,nonproliferation ,treaty7 are ineffective and are used by the ,chinese ,communist ,party to create the appearance of cooperation2 and 7#aj7 the ,united ,states should cease funding and participating in ,track #a4e dialogues with the ,,prc on nuclear weapons1 strategic space1 and missile defense1 which-- 7,a7 have not led to beneficial outcomes in government-to-government discussions on those topics2 and 7,b7 provide the ,,prc with insight and know-how into nuclear strategy and other topics without providing reciprocal insight for the ,united ,states4 7b7 ,defined term ,in this section1 the term ,track #a4e dialogue means a dialogue or other meeting on a policy issue or issues that includes nongovernment representatives and government representatives4 7c7 ,limitation on use of funds ,no amounts appropriated or otherwise made available to the ,department of ,state or the ,department of ,defense may be obligated or expended for any diplomatic or military-to-military ,track #a4e dialogues on nuclear1 missile defense1 or space policy with any entity under the direct control of the ,chinese ,communist ,party or the ,government of the ,people's ,republic of ,china1 including the ,ministry of ,foreign ,affairs1 the ,ministry of ,defense1 or the ,people's ,liberation ,army of the ,people's ,republic of ,china4 #djc4 ,refocusing international security efforts for strategic competition 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the size of the ,united ,states diplomatic corps and the civil service workforce of the ,department of ,state must be sufficient to meet the current and emerging security challenges of the #bast century1 particularly those posed by the ,people's ,republic of ,china and the ,russian ,federation2 7#b7 an increased focus on the ,,prc in the international security sphere is necessary to achieve objectives of the ,department in strategic affairs and nonproliferation2 7#c7 the focus described in paragraph 7#b7 must be implemented with attention on increasing the number of ,foreign ,service officers and civil servants at the ,department-- 7,a7 to ensure the ,department is resourced at sufficient levels such that diplomatic tools remain central to the implementation of a long-term competitive strategy with the ,,prc2 and 7,b7 to coordinate with efforts of allies and partners to improve the security of the ,united ,states and advance allied interests in the face of the military modernization and expansion of the ,,prc2 7#d7 the centrality of traditional legally binding arms control agreements in ,united ,states national security policy is likely to diminish in an era of strategic competition with the ,russian ,federation and the ,,prc2 7#e7 emerging technologies such as cyber1 artificial intelligence1 quantum technologies1 space1 hypersonic missiles1 and fractional orbit bombardment systems1 and advances in missile defense systems1 will increasingly impact the strategic balance between the ,united ,states and its great power adversaries2 and 7#f7 strategic threats will be increasingly addressed through risk reduction measures such as the promotion of international norms in multilateral forums1 increasing communication and predictability with adversaries1 and close cooperation and security integration with allies and partners4 7b7 ,statement of policy ,it shall be the policy of the ,united ,states-- 7#a7 to ensure funding levels for the ,department of ,state for international security reflect the importance and significance of the ,indo-,pacific region to the political1 economic1 and security interests of the ,united ,states2 7#b7 to increase funding and the proportion of personnel dedicated to the ,indo-,pacific region respective to the international security budget of the ,department of ,state2 and 7#c7 to confront the current limitations on ,united ,states ,foreign ,service ,officer exposure to the ,russian ,federation by maintaining education and focus on ,russian culture1 politics1 military strategy1 and language4 7c7 ,action plan 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall submit to the appropriate congressional committees an action plan that-- 7,a7 identifies the requirements to advance the international security objectives of the ,united ,states in the ,indo-,pacific region and the personnel and budgetary resources needed to meet those requirements1 assuming an unconstrained resource environment2 7,b7 identifies the offices responsible for managing bilateral and multilateral arms control1 nonproliferation1 and disarmament agreements that are expired1 are expiring1 or the ,united ,states has withdrawn from1 and a description of how the missions of those offices could be revised to focus on competitive strategies and risk reduction initiatives in the ,indo-,pacific region2 7,c7 identifies any staff positions related to arms control efforts that adversaries are not participating in or cooperating with1 and a description of how those positions could be reallocated2 7,d7 includes a plan for increasing the portion of the international security budget of the ,department of ,state dedicated to the ,indo-,pacific region1 including through the reallocation of personnel and resources1 with a focus on the threat posed by the military modernization and expansion of the ,,prc2 7,e7 includes a plan for increasing the number of positions in bureaus of the ,department that report to the ,under ,secretary of ,state for ,arms ,control and ,international ,security and in overseas missions with responsibility for the ,indo-,pacific region1 including a description of such increases and how such increases will advance ,united ,states objectives in the ,indo-,pacific region2 7,f7 describes concrete1 annual benchmarks that the ,department will meet in implementing the action plan2 and 7,g7 describes any barriers to implementing the action plan4 7#b7 ,updates ,during the #b-year period beginning on the date on which the action plan is submitted pursuant to paragraph 7#a71 the ,secretary shall submit to the appropriate congressional committees semiannual updates on the implementation of the action plan that includes-- 7,a7 supporting data2 and 7,b7 a detailed assessment of benchmarks that have been met4 #djd4 ,report on diplomatic outreach with respect to ,,prc military installations overseas 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,defense1 shall submit a report to the appropriate committees of ,congress regarding ,united ,states diplomatic engagement with other countries that host or are considering hosting any military installation of the ,government of the ,,prc4 7b7 ,matters ,to be included ,the report required under subsection 7a7 shall-- 7#a7 list the countries that currently host or are considering hosting any military installation of the ,government of the ,,prc2 7#b7 describe in detail ,united ,states diplomatic and related efforts to engage countries that are considering hosting a military installation of the ,government of the ,,prc1 and the results of such efforts2 7#c7 assess the adverse impact on ,united ,states interests of the ,government of the ,,prc successfully establishing a military installation at any of the locations it is currently considering2 7#d7 describe and list any commercial ports outside of the ,,prc that the ,united ,states ,government assesses could be used by the ,government of the ,,prc for military purposes1 and any diplomatic efforts to engage the governments of the countries where such ports are located2 7#e7 describe the impact of the military installations of the ,government of the ,,prc on ,united ,states interests2 and 7#f7 include lessons learned from the diplomatic experience of addressing the ,,prc's first overseas base in ,djibouti4 7c7 ,form of report ,the report required under subsection 7a7 shall be submitted in classified form1 but may include an unclassified summary4 #dje4 ,limitation on assistance to countries hosting ,,prc military installations 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 although it casts the ,belt and ,road ,initiative as a development initiative1 the ,,prc is also utilizing the ,belt and ,road ,initiative to advance its own security interests1 including to expand its power projection capabilities and facilitate greater access for the ,people's ,liberation ,army through overseas military installations2 and 7#b7 the expansion of the ,people's ,liberation ,army globally through overseas military installations will undermine the medium- and long-term security of the ,united ,states and the security and development of strategic partners in critical regions around the world1 which is at odds with ,united ,states goals to promote peace1 prosperity1 and self-reliance among partner nations1 including through the ,millennium ,challenge ,corporation4 7b7 ,limitation on assistance ,except as provided under subsection 7c71 for fiscal years #bjbd through #bjcc1 the government of a country that is hosting on its territory a military installation of the ,government of the ,people's ,republic of ,china or facilitates the expansion of the presence of the ,people's ,liberation ,army for purposes other than participating in ,united ,nations peacekeeping operations or for temporary humanitarian1 medical1 and disaster relief operations in such country shall not be eligible for assistance under section #fji or #faf of the ,millennium ,challenge ,act of #bjjc 7#bb ,u4,s4,c4 #ggjh1 #ggae74 7c7 ,national interest waiver ,the ,president1 on a case by case basis1 may waive the limitation under subsection 7b7 if the ,president submits to the appropriate congressional committees-- 7#a7 a written determination that such waiver is important to the national interests of the ,united ,states2 and 7#b7 a detailed explanation of how the waiver is important to such interests4 #djf4 ,amendment to the ,stop ,harboring ,iranian ,petroleum ,act ,the ,stop ,harboring ,iranian ,petroleum ,act 7division ,j of ,public ,law #aah-ej7 is amended-- 7#a7 by redesignating section #f as section #g2 and 7#b7 inserting after section #e the following3 #f4 ,cooperative agreements to protect ,americans from drone attacks 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,united ,states condemns the ,january #bh1 #bjbd1 drone attack on ,tower #bb in ,jordan by ,iranian-backed militias that tragically took the lives of #c ,american servicemembers and wounded #dg others2 7#b7 one-way attack drones and similar low-cost armed unmanned aerial systems are the most dangerous asymmetric threat employed by ,iranian-aligned militias against ,americans and ,american interests2 7#c7 ,united ,states defense against drones relies on a patchwork of defensive systems1 and the ,united ,states and like-minded partners need to develop defensive systems that leverage innovation and are responsive to rapidly changing technology and attack methodologies2 7#d7 the ,united ,states should improve cooperation with like-minded partners to systematically map out1 expose1 and disrupt missile and drone procurement networks used by the ,iran-backed ,houthi rebels in ,yemen and other ,iranian proxies targeting ,united ,states forces and assets and ,united ,states allies and partners in the region2 7#e7 the partner countries of the ,united ,states1 including ,iraq1 ,jordan1 and countries on the ,arabian ,peninsula1 face urgent and emerging threats from unmanned aerial systems and other unmanned aerial vehicles2 7#f7 joint research and development to counter unmanned aerial systems will serve the national security interests of the ,united ,states and its partners in ,iraq1 ,jordan1 and on the ,arabian ,peninsula2 7#g7 development of counter ,unmanned ,aircraft ,systems technology will reduce the impacts of these attacks1 build deterrence1 and increase regional stability2 and 7#h7 the ,united ,states and partners in ,iraq1 ,jordan1 and on the ,arabian ,peninsula should continue to work together to protect against the threat from unmanned aerial systems4 7b7 ,defined term ,in this section1 the term ,arabian ,peninsula means ,bahrain1 ,kuwait1 ,oman1 ,qatar1 ,saudi ,arabia1 the ,united ,arab ,emirates1 and ,yemen4 7c7 ,authority ,to enter into a cooperative agreement ,to protect ,americans in ,iraq1 ,jordan1 and on the ,arabian ,peninsula from weaponized unmanned aerial systems 7#a7 ,in general ,the ,president is authorized to enter into a cooperative project agreement with ,iraq1 ,jordan1 and countries on the ,arabian ,peninsula under the authority of section #bg of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgfg7 to carry out research on and development1 testing1 evaluation1 and joint production 7including follow-on support7 of defense articles and defense services to detect1 track1 and destroy armed unmanned aerial systems that threaten the ,united ,states and its partners in ,iraq1 ,jordan1 and on the ,arabian ,peninsula4 7#b7 ,applicable requirements 7,a7 ,in general ,the cooperative project agreement described in paragraph 7#a7-- 7i7 shall provide that any activities carried out pursuant to such agreement are subject to-- 7,i7 the applicable requirements described in subparagraphs 7,a71 7,b71 and 7,c7 of section #bg7;b77#b7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgfg7;b77#b772 and 7,,ii7 any other applicable requirements of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq47 with respect to the use1 transfer1 and security of such defense articles and defense services under such ,act2 7ii7 shall establish a framework to negotiate the rights to intellectual property developed under such agreement2 and 7iii7 shall be defensive in nature4 7,b7 ,congressional notification requirements ,notwithstanding section #bg7;g7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgfg7;g771 any defense articles that result from a cooperative project agreement shall be subject to the requirements under subsections 7b7 and 7c7 of section #cf of such ,act 7#bb ,u4,s4,c4 #bggf74 7d7 ,rule of construction with respect ,to use of military force ,nothing in this section may be construed as an authorization for the use of military force4 4 #djg4 ,missile ,technology ,control ,regime provisions 7a7 ,definitions ,in this section1 the terms ,missile ,technology ,control ,regime1 ,,mtcr1 and ,,mtcr equipment or technology have the meanings given such terms in section #gd7;a7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgig;c7a774 7b7 ,modification of certain provisions relating to bilateral agreements and ,,aukus defense trade cooperation under the ,arms ,export ,control ,act ,section #ch7;j77#a77;,c77ii7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggh7;j77#a77;,c77ii77 is amended-- 7#a7 by striking subclauses 7,i71 7,,ii71 and 7,,iii72 and 7#b7 by redesignating subclauses 7,,iv71 7,v71 7,,vi71 and 7,,vii7 as subclauses 7,i71 7,,ii71 7,,iii71 and 7,,iv71 respectively4 7c7 ,report 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall submit a report to the appropriate congressional committees that includes-- 7,a7 the opportunities and challenges ,united ,states participation in the ,missile ,technology ,control ,regime create-- 7i7 in addressing missile proliferation threats1 including a comprehensive description of diplomatic and technical engagements with allies and partners regarding ,,mtcr participation1 guidelines1 and standards2 and 7ii7 regarding security cooperation with allies and partners1 including a comprehensive description of diplomatic and technical engagements with allies and partners regarding ,,mtcr participation1 guidelines1 and standards2 7,b7 an update on ,,mtcr-related deliberations and engagements specific to ,north ,atlantic ,treaty ,organization allies1 ,australia1 and other partners and allies in the ,indo-,pacific1 including-- 7i7 technical consultations1 diplomatic engagements1 and export control regime consultations and assistance2 and 7ii7 an enumeration of planned modifications to or recommended changes to address the need for expedited sales and transfer of ,,mtcr-controlled systems to address threats to ,united ,states national security1 including in the ,indo-,pacific region2 7,c7 a detailed description and assessment of disinformation and misinformation campaigns or activities seeking to discredit or undermine global nonproliferation regimes1 including such campaigns or activities conducted by the ,,prc1 ,iran1 ,russia1 and ,north ,korea and their assessed impact on such regimes2 7,d7 a detailed description of ,russia's efforts to disrupt consensus based decisions at the ,,mtcr2 7,e7 a detailed description and assessment of cooperation between the ,,prc1 ,iran1 ,russia1 and ,north ,korea relating to ,,mtcr equipment or technologies2 7,f7 a comprehensive list1 disaggregated by category of ,,mtcr equipment or technology1 of all countries that sought to purchase ,,mtcr equipment or technologies during the #aj-year period ending on the date of the enactment of this ,act1 including-- 7i7 average time for an approval or disapproval decision2 7ii7 reasoning and procedures that led to an approval or disapproval decision2 and 7iii7 details about countries that have repeatedly overcome the presumption of denial standard if and how the ,department of ,state expedited considerations for further requests2 and 7,g7 a comprehensive list1 disaggregated by category of ,,mtcr equipment or technology1 of ,united ,states persons that have sought to export ,,mtcr equipment or technologies to other countries1 including-- 7i7 average time for an approval or disapproval decision2 7ii7 reasoning and procedures that led to an approval or disapproval decision2 7iii7 information on those ,united ,states persons who have challenged any disapproval decision2 and 7iv7 a detailed explanation of the process ,united ,states persons can follow to appeal a disapproval decision1 including a detailed licensing process that such persons should expect to follow to in order to receive consideration for an approval decision4 7#b7 ,form ,the report required under paragraph 7#a7 shall be submitted in unclassified form1 but may include a classified annex4 #djh4 ,strengthening extended nuclear deterrence in the ,korean theater of operations 7a7 ,findings ,congress finds the following3 7#a7 ,united ,states extended deterrence commitments to ,south ,korea have failed to keep pace with the nuclear and strategic threats in ,east ,asia1 in particular those posed by ,north ,korea4 7#b7 ,in response to ,north ,korea's nuclear and missile program and the ,march #bjaj sinking of the ,,roks ,cheonan 7a ,south ,korean ,navy frigate7 the ,department of ,defense established the ,united ,states-,republic of ,korea ,extended ,deterrence ,policy ,committee 7referred to in this section as the ,,edpc7 in ,october #bjaj-- 7,a7 to strengthen deterrence of ,north ,korea2 and 7,b7 to enhance assurance of the ,south ,korean public4 7#c7 ,in #bjab1 the ,,edpc agreed to begin work on a ,tailored ,deterrence ,strategy which was endorsed at the #deth ,united ,states-,republic of ,korea ,security ,consultative ,meeting on ,october #bnd1 #bjac and completed in #bjad4 7#d7 ,in #bjae1 the ,,edpc was merged with the ,counter ,missile ,capabilities ,committee and renamed the ,deterrence ,strategy ,committee with the express purpose of strengthening extended deterrence in response to advances in ,north ,korea's nuclear and missile programs4 7#e7 ,north ,korea conducted #b nuclear weapons tests in #bjaf4 ,in response to urgent requests from the ,government of ,south ,korea to further strengthen extended deterrence1 the ,united ,states and ,south ,korea formed the ,extended ,deterrence ,strategy ,consultation ,group 7referred to in this section as the ,,edscg7 with the ,department of ,state and the ,department of ,defense co-chairing the ,,edscg in a #bb format4 7#f7 ,the purposes of the ,,edscg are-- 7,a7 to elevate consultations to more senior levels2 7,b7 to develop concrete deterrence measures in response to the evolving threat from ,north ,korea2 and 7,c7 to strengthen assurance of the ,south ,korean public4 7#g7 ,the establishment of the ,nuclear ,consultative ,group 7referred to in this section as the ,,ncg7 between the ,united ,states and the ,republic of ,korea during ,president ,yoon ,suk ,yeol's visit to the ,united ,states on ,april #bf1 #bjbc1 reflected a recognition-- 7,a7 of the accelerating threat posed by the ,north ,korea's nuclear weapons and missile program2 and 7,b7 that previous alliance attempts to strengthen assurance of ,south ,korea had proven unsuccessful4 7#h7 ,it is clear that the ,,edpc and the ,,edscg were unsuccessful in assuring ,south ,korea or strengthening deterrence because they failed to identify concrete changes to our defense posture in the ,korean theater of operations and ,united ,states officials were unwilling to adjust long-standing policies with regard to extended deterrence4 7#i7 ,for the ,,ncg to be more effective than its predecessor groups1 the ,,ncg must adopt a program of work embracing the need-- 7,a7 to adjust the ,united ,states defense posture in the ,korean theater of operations to include consideration of deploying ,united ,states nuclear assets and restoring ,united ,states nuclear infrastructure in the region2 7,b7 to establish a crisis consultation mechanism to be convened in response to ,north ,korean nuclear threats and consult on alliance deterrence related decision making2 7,c7 to increase alliance nuclear planning activities related to consequence management and the conduct conventional operations in a weapons of mass destruction environment2 and 7,d7 to explore options to increase ,south ,korean contributions to operations related to nuclear burden sharing4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,united ,states-,republic of ,korea alliance is a bilateral1 integrated alliance that benefits both countries2 7#b7 ,south ,korea shares the burden of maintaining stability on the ,korean ,peninsula and the larger region by maintaining a large standing army of more than #c1jjj1jjj personnel1 with #ejj1jjj on active duty1 and spends #b4g percent of its gross domestic product on defense-related expenditures2 and 7#c7 the ,,ncg can strengthen the alliance between the ,government of the ,united ,states and the ,government of ,south ,korea by deepening the ability of such governments to plan1 consult1 and conduct exercises on issues related to nuclear deterrence4 7c7 ,report on the implementation of the ,nuclear ,consultative ,group 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary and the ,secretary of ,defense shall jointly submit a report to the appropriate congressional committees and the congressional defense committees that includes a description of-- 7,a7 the organization of the ,,ncg1 including co-chairs and interagency participants from the ,united ,states2 7,b7 the scope of the operations1 activities and initiatives of the ,,ncg and how such activities connect to the ,security ,consultative ,mechanism and the ,military ,consultative ,mechanism between ,south ,korea and the ,united ,states2 7,c7 the relationship of the ,,ncg to existing extended deterrence mechanisms of the ,south ,korea and the ,united ,states1 including the ,,dsc and the ,,edscg2 7,d7 the frequency and circumstances under which the ,,ncg convenes2 and 7,e7 how the ,,ncg addresses strategic planning1 crisis consultation1 and military exercises4 7#b7 ,form ,the report required under paragraph 7#a7 shall be submitted in unclassified form1 but may include a classified annex4 7#c7 ,briefing ,not later than #ahj days after date of the enactment of this ,act1 and every #ahj days thereafter until ,december #ca1 #bjbf1 the ,secretary and the ,secretary of ,defense shall brief the appropriate congressional committees1 the ,committee on ,armed ,services of the ,senate1 and the ,committee on ,armed ,services of the ,house of ,representatives regarding the outcomes of ,,ncg meetings4 ,b ,indo-,pacific ,allies and ,partners ,i ,taiwan #daa4 ,development of economic tools to deter aggression by ,people's ,republic of ,china against ,taiwan 7a7 ,sense of ,congress ,it is the sense of ,congress that the ,united ,states must be prepared to take immediate action to impose sanctions with respect to any military or non-military entities owned1 controlled1 or acting at the direction of the ,government of the ,,prc or the ,chinese ,communist ,party that are supporting actions by the ,government of the ,,prc or the ,chinese ,communist ,party to-- 7#a7 overthrow or dismantle the governing institutions in ,taiwan2 7#b7 occupy any territory controlled or administered by ,taiwan2 7#c7 violate the territorial integrity of ,taiwan2 or 7#d7 take significant action against ,taiwan1 including-- 7,a7 conducting a naval blockade of ,taiwan2 7,b7 seizing any outlying island of ,taiwan2 or 7,c7 perpetrating a significant cyber attack on ,taiwan4 7b7 ,defined term ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations of the ,senate2 7#b7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 7#c7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7#d7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7#e7 the ,committee on ,financial ,services of the ,house of ,representatives2 and 7#f7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7c7 ,task force ,not later than #ahj days after the date of the enactment of this ,act1 the ,office of ,sanctions ,coordination of the ,department of ,state and the ,office of ,foreign ,asset ,control of the ,department of the ,treasury1 in coordination with the ,office of the ,director of ,national ,intelligence1 shall establish an interagency task force 7referred to in this section as the ,task ,force7 to identify military or non-military entities that could be subject to sanctions imposed by the ,united ,states immediately following any action or actions taken by the ,,prc that demonstrate an attempt to achieve or has the significant effect of achieving the physical or political control of ,taiwan1 including by taking any of the actions described in paragraphs 7#a7 through 7#d7 of subsection 7a74 7d7 ,strategy ,not later than #ahj days after the establishment of the ,task ,force1 the ,task ,force shall submit to the appropriate congressional committees a strategy for identifying targets under this section1 which shall include-- 7#a7 an assessment of how existing sanctions regimes could be used to impose sanctions with respect to entities identified pursuant to subsection 7c72 7#b7 a strategy for developing or proposing1 as appropriate1 new sanctions authorities that might be required to impose sanctions with respect to such entities2 7#c7 an analysis of the potential economic consequences to the ,united ,states1 and to allies and partners of the ,united ,states1 of imposing various types of sanctions with respect to those entities and assess measures that could be taken to mitigate those consequences1 including through the use of licenses1 exemptions1 carve-outs1 and other forms of relief2 7#d7 a strategy for working with allies and partners of the ,united ,states-- 7,a7 to leverage sanctions and other economic tools to deter or respond to aggression against ,taiwan2 7,b7 to identify and resolve potential impediments to coordinating sanctions-related efforts with respect to responding to or deterring aggression against ,taiwan2 and 7,c7 to identify industries1 sectors1 or goods and services with respect to which the ,united ,states and allies and partners of the ,united ,states can take coordinated action through sanctions or other economic tools that will have a significant negative impact on the economy of the ,,prc2 7#e7 an assessment of the resource gaps and needs at the ,department of ,state1 the ,department of the ,treasury1 and other ,federal agencies1 as appropriate1 to most effectively use sanctions and other economic tools to respond to the threat posed by the ,,prc2 7#f7 recommendations on how best to target sanctions and other economic tools against individuals1 entities1 and economic sectors in the ,,prc1 taking into account the role of those targets in supporting policies and activities of the ,government of the ,,prc or the ,chinese ,communist ,party that pose a threat to the national security or foreign policy interests of the ,united ,states1 the negative economic implications of those sanctions and tools for that government1 including its ability to achieve its objectives with respect to ,taiwan1 and the potential impact of those sanctions and tools on the stability of the global financial system1 including with respect to-- 7,a7 state-owned enterprises2 7,b7 officials of the ,government of the ,,prc2 7,c7 financial institutions associated with the ,government of the ,,prc2 and 7,d7 companies in the ,,prc that are not formally designated by the ,government of the ,,prc as state-owned enterprises2 and 7#g7 the identification of any foreign military or non-military entities that would likely be used to achieve the outcomes specified in subsection 7a77#a71 including entities in the shipping1 logistics1 energy 7including oil and gas71 aviation1 ground transportation1 and technology sectors4 7e7 ,report 7#a7 ,in general ,not later than #fj days after the submission of the strategy required under subsection 7d71 and semiannually thereafter1 the ,task ,force shall submit a report to the appropriate congressional committees that includes information regarding-- 7,a7 any entities identified pursuant to subsection 7c7 or 7d77#g72 7,b7 any new authorities needed to impose sanctions with respect to those entities2 7,c7 potential economic impacts on the ,,prc1 the ,united ,states1 and allies and partners of the ,united ,states of imposing sanctions with respect to those entities1 as well as mitigation measures that could be employed to limit deleterious impacts on the ,united ,states and allies and partners of the ,united ,states2 7,d7 the status of coordination with allies and partners of the ,united ,states on sanctions and other economic tools identified under this section2 7,e7 resource gaps and recommendations to enable the ,department of ,state and the ,department of the ,treasury to use sanctions to more effectively respond to the malign activities of the ,government of the ,,prc2 and 7,f7 any additional resources that may be necessary to carry out the strategy4 7#b7 ,form ,each report required under paragraph 7#a7 shall be submitted in classified_/form4 #dab4 ,treatment of the ,government of ,taiwan 7a7 ,in general ,the ,department of ,state and other ,united ,states ,government agencies shall-- 7#a7 treat the democratically elected ,government of ,taiwan as the legitimate representative of the people of ,taiwan2 and 7#b7 end the outdated practice of referring to the ,government in ,taiwan as the authorities4 7b7 ,no restrictions ,notwithstanding the continued supporting role of the ,american ,institute in1 ,taiwan in carrying out ,united ,states foreign policy and protecting ,united ,states interests in ,taiwan1 the ,united ,states ,government shall not place any restrictions on the ability of officials of the ,department of ,state and other ,united ,states ,government agencies from interacting directly and routinely with counterparts in the ,government of ,taiwan1 including restricting the travel of senior officials of ,taiwan in the ,united ,states1 including restricting the travel of senior officials of ,taiwan in the ,united ,states4 #dac4 ,war reserve stock program for ,taiwan 7a7 ,in general ,notwithstanding section #ead of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcba;h71 the ,president may transfer to ,taiwan any or all of the items described in subsection 7b74 7b7 ,items described ,the items referred to in subsection 7a7 are armor1 artillery1 automatic weapons ammunition1 missiles1 and other munitions that are-- 7#a7 obsolete or surplus items2 7#b7 in the inventory of the ,department of ,defense2 7#c7 intended for use as reserve stocks for ,taiwan2 and 7#d7 located in a stockpile in ,taiwan4 7c7 ,congressional notification ,not later than #cj days before making any transfer under this section1 the ,president shall submit a notification identifying the items to be transferred and the concessions to be received to the appropriate congressional committees1 the ,committee on ,armed ,services of the ,senate1 and the ,committee on ,armed ,services of the ,house of ,representatives4 #dad4 ,proper treatment of ,taiwan government representatives 7a7 ,defined term ,in this section1 the term official purposes means-- 7#a7 the wearing of official uniforms2 7#b7 conducting government-hosted ceremonies or functions2 and 7#c7 appearances on ,department of ,state social media accounts promoting engagements with ,taiwan4 7b7 ,in general ,notwithstanding any other provision of law1 none of the funds appropriated or otherwise made available for the ,department of ,state for fiscal year #bjbe may be used to prepare1 propose1 draft1 review1 or promulgate any regulation1 guidance1 or executive order1 or to otherwise implement1 administer1 or enforce any policy that restricts the ability of members of the armed forces and government representatives from the ,republic of ,china 7,taiwan7 or the ,taipei ,economic and ,cultural ,representative ,office 7,,tecro7 to display1 for official purposes-- 7#a7 the flag of the ,republic of ,china 7,taiwan72 or 7#b7 the corresponding emblems or insignia of military units4 #dae4 ,american ,institute in ,taiwan ,the position of ,director of the ,american ,institute in ,taiwan's ,taipei office-- 7#a7 shall be subject to the advice and consent of the ,senate2 and 7#b7 shall have the title of ,representative4 ,,ii ,south ,china and ,east ,china ,sea ,sanctions #dba4 ,short title ,this part may be cited as the ,south ,china ,sea and ,east ,china ,sea ,sanctions ,act of #bjbd4 #dbb4 ,sanctions with respect to ,chinese persons responsible for ,china's activities in the ,south ,china ,sea and the ,east ,china ,sea 7a7 ,definitions ,in this section3 7#a7 ,account2 correspondent account2 payable-through account ,the terms account1 correspondent account1 and payable-through account have the meanings given such terms in section #ecah;,a of title #ca1 ,united ,states ,code4 7#b7 ,alien ,the term alien has the meaning given such term in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a774 7#c7 ,chinese person ,the term ,chinese person means-- 7,a7 an individual who is a citizen or national of the ,people's ,republic of ,china2 or 7,b7 an entity organized under the laws of the ,people's ,republic of ,china or otherwise subject to the jurisdiction of the ,government of the ,people's ,republic of ,china4 7#d7 ,financial institution ,the term financial institution means a financial institution specified in subparagraph 7,a71 7,b71 7,c71 7,d71 7,e71 7,f71 7,g71 7,h71 7,i71 7,j71 7,k71 7,m71 7,n71 7,p71 7,r71 7,t71 7,y71 or 7,z7 of section #ecab7;a77#b7 of title #ca1 ,united ,states ,code4 7#e7 ,foreign financial institution ,the term foreign financial institution has the meaning given such term in section #ajaj4fje of title #ca1 ,code of ,federal ,regulations 7or any corresponding similar regulation or ruling74 7#f7 ,good ,the term good means any article1 natural or manmade substance1 material1 supply1 or manufactured product1 including inspection and test equipment1 and excluding technical data4 7#g7 ,person ,the term person means any individual or entity4 7#h7 ,united states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 7,b7 an entity organized under the laws of the ,united ,states or of any jurisdiction within the ,united ,states1 including a foreign branch of such an entity2 or 7,c7 any person in the ,united ,states4 7b7 ,initial imposition of sanctions ,on or after the date that is #abj days after the date of the enactment of this ,act1 the ,president may impose the sanctions described in subsection 7c7 with respect to any ,chinese person1 including any senior official of the ,government of the ,people's ,republic of ,china1 that the ,president determines-- 7#a7 is responsible for or significantly contributes to large-scale reclamation1 construction1 militarization1 or ongoing supply of outposts in disputed areas of the ,south ,china ,sea2 7#b7 is responsible for or significantly contributes to1 or has engaged in1 directly or indirectly1 actions1 including the use of coercion1 to inhibit another country from protecting its sovereign rights to access offshore resources in the ,south ,china ,sea1 including in such country's exclusive economic zone1 consistent with such country's rights and obligations under international law2 7#c7 is responsible for or complicit in1 or has engaged in1 directly or indirectly1 actions that significantly threaten the peace1 security1 or stability of disputed areas of the ,south ,china ,sea or areas of the ,east ,china ,sea administered by ,japan or the ,republic of ,korea1 including through the use of vessels and aircraft by the ,people's ,republic of ,china to occupy or conduct extensive research or drilling activity in those areas2 7#d7 has materially assisted1 sponsored1 or provided financial1 material1 or technological support for1 or goods or services to1 or in support of1 any person subject to sanctions pursuant to paragraph 7#a71 7#b71 or 7#c72 or 7#e7 is owned or controlled by1 or has acted for or on behalf of1 directly or indirectly1 any person subject to sanctions pursuant to paragraph 7#a71 7#b71 or 7#c74 7c7 ,sanctions described ,the sanctions that may be imposed with respect to a person described in subsection 7b7 are the following3 7#a7 ,blocking of property ,the ,president may1 in accordance with the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 block and prohibit all transactions in all property and interests in property of the person if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7#b7 ,ineligibility for visas1 admission1 or parole 7,a7 ,visas1 admission1 or parole ,in the case of an alien1 the alien may be-- 7i7 inadmissible to the ,united ,states2 7ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7,b7 ,current visas revoked 7i7 ,in general ,an alien described in subparagraph 7,a7 may be subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued4 7ii7 ,immediate effect ,a revocation under clause 7i7 may-- 7,i7 take effect immediately2 and 7,,ii7 cancel any other valid visa or entry documentation that is in the alien's possession4 7#c7 ,exclusion of corporate officers ,the ,president may direct the ,secretary to deny a visa to1 and the ,secretary of ,homeland ,security to exclude from the ,united ,states1 any alien that the ,president determines is a corporate officer or principal of1 or a shareholder with a controlling interest in1 the person4 7#d7 ,export sanction ,the ,president may order the ,united ,states ,government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to the person under-- 7,a7 the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja et seq472 or 7,b7 any other statute that requires the prior review and approval of the ,united ,states ,government as a condition for the export or reexport of goods or services4 7#e7 ,inclusion on entity list ,the ,president may include the entity on the entity list maintained by the ,bureau of ,industry and ,security of the ,department of ,commerce and set forth in ,supplement ,no4 #d to part #gdd of the ,export ,administration ,regulations1 for activities contrary to the national security or foreign policy interests of the ,united ,states4 7#f7 ,ban on investment in equity or debt of sanctioned person ,the ,president may1 pursuant to such regulations or guidelines as the ,president may prescribe1 prohibit any ,united ,states person from investing in or purchasing equity or debt instruments of the person4 7#g7 ,banking transactions ,the ,president may1 pursuant to such regulations as the ,president may prescribe1 prohibit any transfers of credit or payments between financial institutions or by1 through1 or to any financial institution1 to the extent that such transfers or payments are subject to the jurisdiction of the ,united ,states and involve any interest of the person4 7#h7 ,correspondent and payable-through accounts ,in the case of a foreign financial institution1 the ,president may prohibit the opening1 and prohibit or impose strict conditions on the maintaining1 in the ,united ,states of a correspondent account or a payable-through account by the foreign financial institution4 7d7 ,exceptions 7#a7 ,inapplicability of national emergency requirement ,the requirements under section #bjb of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja7 shall not apply for purposes of subsection 7c77#a74 7#b7 ,exception for intelligence1 law enforcement1 and national security activities ,sanctions under this section shall not apply to any authorized intelligence1 law enforcement1 or national security activities of the ,united ,states4 7#c7 ,compliance with united nations headquarters agreement ,paragraphs 7#b7 and 7#c7 of subsection 7c7 shall not apply if admission of an alien to the ,united ,states is necessary to permit the ,united ,states to comply with the ,agreement regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success1 ,june #bf1 #aidg1 and entered into force1 ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states4 7#d7 ,exception relating to importation of goods ,the authority or a requirement to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods4 7e7 ,implementation2 penalties 7#a7 ,implementation ,the ,president may exercise all authorities provided under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out this section4 7#b7 ,penalties ,the penalties provided for in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 shall apply to a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of regulations prescribed under subsection 7c77#a7 to the same extent that such penalties apply to a person that commits an unlawful act described in subsection 7a7 of such section #bjf4 #dbc4 ,sense of ,congress regarding portrayals of the ,south ,china ,sea or the ,east ,china ,sea as part of ,china ,it is the sense of ,congress that the ,government ,publishing ,office should not publish any map1 document1 record1 electronic resource1 or other paper of the ,united ,states 7other than materials relating to hearings held by committees of ,congress or internal work product of a ,federal agency7 portraying or otherwise indicating that it is the position of the ,united ,states that the territory or airspace in the ,south ,china ,sea that is disputed among #b or more parties or the territory or airspace of areas administered by ,japan or the ,republic of ,korea1 including in the ,east ,china ,sea1 is part of the territory or airspace of the ,people's ,republic of ,china4 #dbd4 ,sense of ,congress on #bjaf ,permanent ,court of ,arbitration's tribunal ruling on arbitration case between the ,philippines and the ,people's ,republic of ,china 7a7 ,finding ,congress finds that on ,july #ab1 #bjaf1 a tribunal of the ,permanent ,court of ,arbitration found in the arbitration case between the ,philippines and the ,,prc under the ,united ,nations ,convention on the ,law of the ,sea that the ,people's ,republic of ,china's claims1 including those to offshore resources and historic rights1 were unlawful1 and that the tribunal's ruling is final and legally binding on both parties4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,united ,states and the international community should reject the unlawful claims of the ,,prc within the exclusive economic zone or on the continental shelf of the ,philippines1 as well as the maritime claims of the ,,prc beyond a #ab-nautical-mile territorial sea from the islands it claims in the ,south ,china ,sea2 7#b7 the provocative behavior of the ,,prc1 including coercing other countries with claims in the ,south ,china ,sea and preventing those countries from accessing offshore resources1 undermines peace and stability in the ,south ,china ,sea2 7#c7 the international community should-- 7,a7 support and adhere to the ruling described in subsection 7a7 in compliance with international law2 and 7,b7 take all necessary steps to support the rules-based international order in the ,south ,china ,sea2 and 7#d7 all claimants in the ,south ,china ,sea should-- 7,a7 refrain from engaging in destabilizing activities1 including illegal occupation or efforts to unlawfully assert control over disputed claims2 7,b7 ensure that disputes are managed without intimidation1 coercion1 or force2 7,c7 clarify or adjust claims in accordance with international law2 and 7,d7 uphold the principle that territorial and maritime claims1 including over territorial waters or territorial seas1 must be derived from land features and otherwise comport with international law4 #dbe4 ,report on countries that recognize ,chinese sovereignty over the ,south ,china ,sea or the ,east ,china ,sea 7a7 ,in general ,not later than #fj days after the date of the enactment of this ,act1 and annually thereafter until the date that is #c years after such date of enactment1 the ,secretary shall submit to the appropriate congressional committees a report identifying each country that the ,secretary determines has taken an official and stated position to recognize1 after such date of enactment1 the sovereignty of the ,people's ,republic of ,china over territory or airspace disputed by one or more countries in the ,south ,china ,sea or the territory or airspace of areas of the ,east ,china ,sea administered by ,japan or the ,republic of ,korea4 7b7 ,form ,the report required by subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex if the ,secretary determines it is necessary for the national security interests of the ,united ,states to do so4 7c7 ,public availability ,the ,secretary shall publish the unclassified part of the report required by subsection 7a7 on a publicly available website of the ,department of ,state4 ,,iii ,pacific islands #dca4 ,establishing a senior official for the compacts of free association at the ,department of ,state 7a7 ,in general ,the ,secretary shall designate a senior official at the ,department of ,state1 who shall-- 7#a7 negotiate and oversee the ,department of ,state's role in implementing and maintaining the ,compacts of ,free ,association 7referred to in this section as the ,compacts7 at the ,department of ,state and the conduct of ,united ,states foreign policy with respect to countries affiliated with the ,united ,states under such ,compacts2 and 7#b7 report to the ,assistant ,secretary of ,state for ,indo-,pacific ,affairs4 7b7 ,duties ,the senior official designated pursuant to subsection 7a7 shall-- 7#a7 be responsible for the conduct of ,united ,states foreign policy with respect to-- 7,a7 the ,republic of ,palau2 7,b7 the ,marshall ,islands2 and 7,c7 the ,federated ,states of ,micronesia2 7#b7 assist the ,assistant ,secretary of ,state for ,indo-,pacific ,affairs in providing overall direction1 coordination1 and supervision of interdepartmental activities of the ,united ,states ,government in the countries listed under paragraph 7#a71 including ensuring the timely transfer of assistance and provision of benefits through the ,department of the ,interior1 as laid out in the ,compacts2 7#c7 oversee and evaluate the adequacy and effectiveness of ,united ,states policy with respect to these countries as well as the plans1 programs1 resources1 and performance for implementing that policy1 including activities implemented by the ,department of the ,interior2 7#d7 directly supervise the policy and operations of the ,compacts and provide guidance to relevant ,united ,states missions within the ,indo-,pacific region2 7#e7 direct and oversee the provision of an adequate1 regular flow of information to posts abroad about ,united ,states ,government policies1 policy deliberations1 and diplomatic exchanges with regards to the ,compacts and the freely associated states1 especially on matters that may result in initiatives1 policy actions1 or other official representations of ,department policy abroad2 and 7#f7 ensure the continuity of responsibilities and benefits as laid out in the ,compacts1 consistent with ,united ,states national interests in the ,indo-,pacific region4 #dcb4 ,enhancement of diplomatic support and economic engagement with ,pacific island countries 7a7 ,defined term ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,foreign ,relations of the ,senate2 7#b7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7#c7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7#d7 the ,committee on ,appropriations of the ,senate2 7#e7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7#f7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7#g7 the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7#h7 the ,committee on ,appropriations of the ,house of ,representatives4 7b7 ,hiring authority ,the ,secretary and the ,secretary of ,commerce may hire local staff in ,pacific island countries for the purpose of providing increased diplomatic support and promoting increased economic and commercial engagement between the ,united ,states and ,pacific island countries4 7c7 ,availability of funds 7#a7 ,in general ,of the amounts appropriated or otherwise made available to the ,department of ,state for fiscal year #bjbe1 not more than #aj1jjj1jjj may used to carry out the ,department of ,state's responsibilities under this section4 7#b7 ,in general ,of the amounts appropriated or otherwise made available to the ,department of ,commerce for fiscal year #bjbe1 not more than #aj1jjj1jjj may be used to carry out the ,department of ,commerce's responsibilities under this section4 7#c7 ,termination ,the availability of funds under paragraphs 7#a7 and 7#b7 shall expire on ,october #a1 #bjbh4 7d7 ,report ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter for the following #e years1 the ,secretary and the ,secretary of ,commerce shall submit a report to the appropriate committees of ,congress that describes the activities of the ,department of ,state and the ,department of ,commerce locally-employed staff in ,pacific island countries1 including-- 7#a7 a detailed description of the additional diplomatic1 economic1 and commercial engagement and activities in the ,pacific island countries provided by locally-employed staff2 and 7#b7 an assessment of the impact of the activities with respect to the diplomatic1 economic1 and security interests of the ,united ,states4 7e7 ,exception for ,american ,samoa ,the ,secretary may treat the territory of ,american ,samoa as a foreign country1 as appropriate1 while carrying out this section4 ,,iv ,indian ,ocean ,region ,strategic ,review #dda4 ,short title ,this part may be cited as the ,indian ,ocean ,region ,strategic ,review ,act of #bjbd4 #ddb4 ,findings ,congress finds the following3 7#a7 ,the ,united ,states-- 7,a7 has vitally important political1 economic1 and security interests in the ,indian ,ocean region2 and 7,b7 is uniquely positioned to capitalize on opportunities that will advance such interests4 7#b7 ,the ,united ,states needs to engage and cooperate with partners in the ,indo-,pacific region1 including ,india1 ,japan1 ,australia1 and island countries located within such region-- 7,a7 to bolster regional governance2 7,b7 to increase sustainable economic development2 and 7,c7 to strengthen cooperation on security challenges such as threats to freedom of navigation and environmental disasters4 7#c7 ,it is within the ,united ,states interests to better understand the political1 security1 economic1 and environmental issues faced by the governments of ,indian ,ocean region countries4 #ddc4 ,statement of policy ,it is the policy of the ,united ,states1 with respect to the ,indian ,ocean region1 as part of the ,united ,states broader strategy for engagement in the ,indo-,pacific to strengthen engagement with ,indian ,ocean region countries 7including the governments1 civil society1 academia1 and private sectors of such countries7 and to enhance meaningful diplomatic1 security1 and economic relations with allies and partners of the ,united ,states in the ,indian ,ocean region by-- 7#a7 promoting cohesive political ties between the ,united ,states and ,indian ,ocean region countries through active participation in regional organizations and strengthening bilateral diplomatic relations with such allies and partners2 7#b7 continuing to strengthen bilateral security relationships between the ,united ,states and partners within the ,indian ,ocean region and build the bilateral security relationship between the ,united ,states and ,india1 for the purpose of regularizing security cooperation by building upon foundational agreements concerning intelligence sharing1 military communication1 and naval cooperation2 7#c7 engaging with ,india to better understand and operationalize economic and political opportunities across the ,indian ,ocean region2 7#d7 enhancing economic connectivity and commercial exchange between the ,united ,states and ,indian ,ocean region countries2 7#e7 maintaining the freedom of navigation of international waters within the ,indian ,ocean region in accordance with international law2 7#f7 cooperating with the ,governments of ,indian ,ocean region countries regarding security challenges1 including issues relating to piracy and illegal fishing2 7#g7 supporting the ability of such governments1 and of nongovernmental organizations within the ,indian ,ocean region1 to respond to environmental disasters and work to mitigate potential future disasters with resilient infrastructure2 7#h7 facilitating cooperation between the ,united ,states and allies and partners of the ,united ,states in the ,indian ,ocean region to build capacity in maritime security and maritime domain awareness2 7#i7 promoting cooperation with ,united ,states allies in the ,indo-,pacific region 7including ,japan and ,australia71 major defense partners 7including ,india71 and ,,nato allies 7including the ,united ,kingdom and ,france71 to support a rules-based order in the ,indo-,pacific region2 and 7#aj7 understanding resources and costs required for the ,united ,states to effectively engage diplomatically and economically in the ,indian ,ocean region4 #ddd4 ,definitions ,in this part3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,committee on ,armed ,services of the ,senate2 7,c7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,d7 the ,committee on ,armed ,services of the ,house of ,representatives4 7#b7 ,indian ,ocean region ,the term ,indian ,ocean region means-- 7,a7 the ,indian ,ocean1 including the ,arabian ,sea and the ,bay of ,bengal2 and 7,b7 the littoral areas surrounding the ,indian ,ocean1 including the east coast of ,africa4 7#c7 ,indian ,ocean region country ,the term ,indian ,ocean region country means any country located within or surrounding the ,indian ,ocean region4 #dde4 ,strategy and implementation plan relating to the ,indian ,ocean region 7a7 ,strategy ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary1 in coordination with the ,secretary of ,defense and the ,administrator of the ,united ,states ,agency for ,international ,development1 shall submit to the appropriate congressional committees a multi-year strategy and implementation plan for ,united ,states engagements and posture to support the interests of the ,united ,states in the ,indian ,ocean region4 7b7 ,matters ,the strategy submitted pursuant to subsection 7a7 shall include-- 7#a7 the identification of the political1 economic1 and security goals and opportunities of the ,united ,states in the ,indian ,ocean region2 7#b7 an explanation of the political1 economic1 and security goals of ,indian ,ocean region countries and a detailed description of areas with respect to which such interests align with the goals of the ,united ,states2 7#c7 a list detailing the economic and political efforts of the ,,prc with respect to the ,indian ,ocean region1 particularly with respect to the engagement by the ,,prc with each country located within the ,indian ,ocean region2 7#d7 a description and analysis of challenges1 including countries and specific projects1 to the engagement with ,indian ,ocean region countries as a result of-- 7,a7 disparate policy goals across the departments and agencies of the ,united ,states ,government2 and 7,b7 disparate definitions of the term ,indian ,ocean region across the ,department of ,state1 the ,department of ,defense1 and the ,united ,states ,agency for ,international ,development2 7#e7 a list detailing efforts to improve cooperation between the ,united ,states and ,australia1 ,india1 and ,japan 7referred to in this section as the ,quadrilateral ,dialogue or the ,quad7 through coordination between members of the ,quad with respect to diplomacy and development priorities1 joint military exercises and operations1 and other activities that promote and balance the political1 economic1 and security interests of the ,united ,states with respect to ,indian ,ocean region countries2 7#f7 an overview of efforts to support the economic connectivity and development of island countries located within the ,indian ,ocean region1 including through-- 7,a7 the ,united ,states-,india-,japan ,trilateral ,infrastructure ,working ,group2 7,b7 the ,asia-,africa ,growth ,corridor2 and 7,c7 other efforts to expand and enhance connectivity across the ,indo-,pacific region 7including with the countries of ,southeast ,asia7 that maintain high standards of investment and support for civil society and people-to-people connectivity2 7#g7 a description of how the ,united ,states may engage with regional intergovernmental organizations and multilateral organizations1 including the ,indian ,ocean ,rim ,association and the ,united ,nations1 to promote the political1 economic1 and security goals of the ,united ,states in the ,indian ,ocean region2 7#h7 a description of how the ,united ,states may facilitate cooperation between ,indian ,ocean region countries 7including the governments1 civil society1 academia1 and private sectors of such countries7 and ,taiwan through ,taiwan's ,new ,southbound ,policy2 7#i7 a review of the diplomatic posture of the ,united ,states in the ,indian ,ocean region1 including-- 7,a7 an assessment of ,united ,states diplomatic engagement with ,indian ,ocean region countries without a permanent ,united ,states embassy or diplomatic mission2 7,b7 an assessment of means by which to improve cooperation by the ,united ,states with the ,maldives1 the ,seychelles1 and ,comoros2 7,c7 an assessment of the sufficiency of ,united ,states diplomatic personnel and facilities available in the ,indian ,ocean region to achieve the policy described in section #ddd2 7,d7 a description of any resources required to fill identified gaps with respect to such diplomatic posture2 and 7,e7 a description of the bilateral and multilateral diplomatic goals of the ,department of ,state that the ,secretary of ,state deems necessary to achieve the policy described in section #ddd2 7#aj7 a review of the agreements entered into between the ,united ,states and ,indian ,ocean region countries for the purpose of facilitating the military operations of the ,united ,states pursuant to bilateral and multilateral agreements2 7#aa7 a description of any efforts to expand the naval and coast guard cooperation between the ,united ,states and ,india and other ,indian ,ocean region countries through the negotiation of additional agreements2 7#ab7 a strategy for strengthening security cooperation between the ,united ,states and partners within the ,indian ,ocean region1 including through the provision of security assistance1 which should include-- 7,a7 a summary of the security priorities1 objectives1 and actions of the prospective recipient country2 7,b7 a description of the means by which the ,united ,states may support such security priorities1 objectives1 and actions while promoting the political1 economic1 and security goals of the ,united ,states in the ,indian ,ocean region2 and 7,c7 an assessment of the capabilities1 training1 and funding needed for ,indian ,ocean region countries to push back against shared challenges in the region2 and 7#ac7 a plan to expand the diplomatic and development presence of the ,united ,states with respect to the governments of island countries located within the ,indian ,ocean region1 including a description of any resources or policy tools required to expand the ability of the ,united ,states to support high-quality infrastructure resiliency projects in such countries4 7c7 ,inclusion ,the strategy submitted pursuant to subsection 7a7 may be submitted to the appropriate congressional committees as a part of any other strategy relating to the ,indo-,pacific region4 7d7 ,reports on implementation ,not later than #a year after the date on which the ,secretary submits the strategy required under subsection 7a71 and #a year later1 the ,secretary shall submit a report to the appropriate congressional committees that describes the progress made toward implementing such strategy4 #ddf4 ,modification to ,united ,states-,china ,economic and ,security ,review ,commission 7a7 ,modification ,section #abch7;c77#b77;,e7 of the ,floyd ,d4 ,spence ,national ,defense ,authorization ,act for ,fiscal ,year #bjja 7#bb ,u4,s4,c4 #gjjb7;c77#b77;,e77 is amended-- 7#a7 by inserting 7including in the ,indian ,ocean region7 after deployments of the ,people's ,republic of ,china military2 and 7#b7 by adding at the end the following3 ,in this subparagraph1 the term ,indian ,ocean region means the ,indian ,ocean 7including the ,arabian ,sea and the ,bay of ,bengal7 and the littoral areas surrounding the ,indian ,ocean 7including the ,east ,coast of ,africa744 7b7 ,applicability ,the amendments made by subsection 7a7 shall apply with respect to each report submitted pursuant to section #abch7;c7 of the ,floyd ,d4 ,spence ,national ,defense ,authorization ,act for ,fiscal ,year #bjja 7#bb ,u4,s4,c4 #gjjb7;c77 on or after the date of the enactment of this ,act4 ,c ,countering ,espionage and ,surveillance ,entities in ,cuba #dea4 ,short titles ,this subtitle may be cited as the ,countering ,espionage and ,surveillance ,entities in ,cuba ,act or the ,,cease ,act4 #deb4 ,imposition of sanctions with respect to military and intelligence facilities of the ,people's ,republic of ,china in ,cuba 7a7 ,definitions ,in this section3 7#a7 ,alien ,the term alien has the meaning given such term in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja74 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,select ,committee on ,intelligence of the ,senate2 7,c7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,d7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#c7 ,foreign person ,the term foreign person means a person that is not a ,united ,states person4 7#d7 ,good ,the term good means any article1 natural or manmade substance1 material1 supply1 or manufactured product1 including inspection and test equipment1 and excluding technical data4 7#e7 ,person ,the term person means an individual or entity4 7#f7 ,united ,states person ,the term ,united ,states person means-- 7,a7 an individual who is a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 7,b7 an entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states1 including a foreign branch of such an entity2 or 7,c7 any person in the ,united ,states4 7b7 ,in general ,the ,president shall impose the sanctions described in subsection 7c7 with respect to any foreign person that the ,president determines engages in or has engaged in a significant transaction or transactions1 or any significant dealings with1 or has provided significant material support to or for a military or intelligence facility of the ,,prc in ,cuba4 7c7 ,sanctions described ,the sanctions described in this subsection with respect to a foreign person are the following3 7#a7 ,asset blocking ,the exercise of all powers granted to the ,president by the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7#b7 ,exclusion from the ,united ,states and revocation of visa or other documentation ,in the case of a foreign person who is an alien1 denial of a visa to1 and exclusion from the ,united ,states of1 the alien1 and revocation in accordance with section #bba7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;i771 of any visa or other documentation of the alien4 7d7 ,implementation2 penalties 7#a7 ,implementation ,the ,president shall exercise all authorities provided under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out this section4 7#b7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of subsection 7c77#a7 or any regulation1 license1 or order issued to carry out that subsection shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of such section4 7e7 ,exceptions 7#a7 ,importation of goods ,the authorities and requirements to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods4 7#b7 ,compliance with ,united ,nations ,headquarters agreement ,sanctions described in subsection 7c77#b7 shall not apply to an alien if admitting the alien into the ,united ,states is necessary to permit the ,united ,states to comply with the ,agreement regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations4 7f7 ,national security waiver ,the ,president may waive the imposition of sanctions under this section with respect to a foreign person1 on a case-by-case basis for renewable periods of #ahj days1 if the ,president submits to the appropriate congressional committees a determination that such waiver is in the vital national security interests of the ,united ,states4 7g7 ,termination of sanctions ,notwithstanding any other provision of law1 this section shall terminate on the date that is #cj days after the date on which the ,president determines and certifies to the appropriate congressional committees 7and ,congress has not enacted legislation disapproving the determination within that #cj-;day period7 that all military or intelligence facilities of the ,,prc in ,cuba have been closed4 #dec4 ,codification of ,cuba restricted list ,the ,president may not remove any entity or subentity from the ,list of ,restricted ,entities and ,subentities ,associated with ,cuba of the ,department of ,state 7commonly known as the ,cuba ,restricted ,list7 if that entity or subentity was on such list as of ,july #a1 #bjbd4 ,d ,countering ,china ,globally #dfa4 ,sense of ,congress regarding ,china's support for ,russia in ,ukraine ,it is the sense of ,congress that-- 7#a7 the ,,prc and the ,russian ,federation are strengthening their relationship to advance their mutual fundamental interests in countering and weakening the ,united ,states and the transatlantic alliance as well as creating divisions between the ,united ,states and its allies and partners2 7#b7 the ,,prc is supporting ,russia's unprovoked1 full-scale1 and brutal invasion of ,ukraine1 including through-- 7,a7 increasing trade with ,russia by #cj percent in #bjbb1 and by another #bf4c percent in #bjbc2 7,b7 purchasing massive amounts of ,russian crude oil1 coal1 and natural gas under embargo by the transatlantic alliance2 7,c7 selling high-precision machinery1 electronics1 microelectronics1 components of weapons and weapons systems1 base metals1 textiles and apparel1 vehicles1 ships1 and aircraft to ,russia2 7,d7 abetting sanctions evasion in countries bordering ,russia2 and 7,e7 amplifying ,russian propaganda and false information2 7#c7 the ,,prc has explored providing weapons and ammunition to the ,russian ,federation in order to support that country's unlawful1 imperialist war of aggression against ,ukraine2 7#d7 the ,government of the ,,prc is not taking sufficient action to prevent ,,prc-based companies from exporting lethal equipment to the ,russian ,federation1 as revealed by the credible evidence that ,,prc companies and entities have-- 7,a7 shipped unmanned aerial vehicles to ,russia that were designated on customs forms as being for use in the special military operation2 7,b7 supplied ,iran with drone parts that were later used by ,russian forces in ,ukraine2 7,c7 sent ,tiger armored personnel carriers to ,chechen forces1 raising the possibility that these vehicles being could be deployed to ,ukraine2 7,d7 shipped tens of thousands of kilograms of smokeless gunpowder to a munitions factory in ,russia2 7,e7 provided ,russia with optical parts used in tanks and armored vehicles2 7,f7 permitted ,russian purchases of nitrocellulose2 and 7,g7 allowed the shipment of engines for both missiles and drones to ,russia2 7#e7 because of this ongoing support for ,russia's war against ,ukraine1 the ,united ,states has sanctioned dozens of ,,prc and ,hong ,kong-based entities2 7#f7 the ,,prc's support for ,russia's war against ,ukraine threatens ,european stability and security1 including that of those countries that the ,united ,states is committed to defend under the terms of the ,north ,atlantic ,treaty2 7#g7 the ,united ,states1 the ,european ,union1 and ,european countries must continue and increase implementation of sanctions and other appropriate punitive economic tools against ,,prc firms supporting the ,russian ,federation's war against ,ukraine1 including those supporting ,russian paramilitary organizations2 7#h7 the ,north ,atlantic ,treaty ,organization's 7referred to in this section as ,,nato7 #bjbb ,strategic ,concept correctly recognizes the need to prepare for and respond to the threats posed by the ,,prc to ,euro-,atlantic security1 including threats derived from its relationship with the ,russian ,federation and its efforts to divide ,united ,states and ,european allies2 7#i7 ,,nato members must work to implement and build on steps identified in ,,nato's ,strategic ,concept1 including-- 7,a7 building greater ,,nato expertise on the ,,prc and its military and intelligence apparatuses2 7,b7 using ,,nato summits as an opportunity to check progress and update priorities2 7,c7 making any needed adjustments to ,,nato's operational plans to account for the ownership or involvement of ,,prc state-owned enterprises and other entities in space1 key seaports1 communications nodes1 and airports2 and 7,d7 instituting standards for ,,nato member nations' sales to the ,,prc or purchases of ,,prc-owned1 security-related infrastructure1 companies1 and capabilities2 7#aj7 the ,,prc has been clear about its desire to be included in diplomatic discussions about ending ,russia's war in ,ukraine1 including through the ,february #bjbc publication of a #ab-point position paper on the political settlement of the ,ukraine crisis and the appointment of a ,special ,envoy for ,eurasian ,affairs2 7#aa7 the ,,prc has done nothing to deliver tangible outcomes on the elements of its position paper beyond symbolic actions1 including a statement warning against nuclear saber rattling and a single phone call with ,ukraine's president2 7#ab7 although the ,,prc's position paper calls for the full implementation of the ,july #bjbb ,united ,nations-brokered ,black ,sea ,grain ,initiative as a means to maintain global food security1 and despite ,xi ,jinping's emphasis on food security for his own country1 ,beijing did nothing to pressure the ,russian ,federation to return to the deal1 which it abrogated in ,july #bjbc2 7#ac7 in ,february #bjbc1 ,president ,joseph ,r4 ,biden rightly dismissed the ,,prc's peace plan 7referring to the #ab-point position paper71 stating that it would not help anyone other than ,russia2 7#ad7 the ,biden ,administration's statements to ,,prc officials and public pronouncements since ,may #bjbc that the ,united ,states is open to a constructive role for the ,,prc in ,ukraine1 even describing it as potentially beneficial1 are deeply misguided and concerning2 7#ae7 given the ,,prc's full support for ,russia1 ,xi ,jinping and the ,government of the ,,prc should not be viewed as impartial brokers that will bring this war to an end on terms that will be positive for ,ukraine1 its independence1 and the security of ,europe2 7#af7 although ,russia and the ,,prc have disagreements1 both countries-- 7,a7 have independently concluded that their partnership is critical to their shared objective of countering the ,united ,states power2 and 7,b7 will not be swayed from this belief by strategies to drive a wedge between the #b countries2 7#ag7 openness to ,,prc diplomatic involvement in ,ukraine would set a precedent for allowing further ,,prc involvement in ,european security issues1 while also allowing ,xi ,jinping to present himself as a responsible party to the international community2 7#ah7 the ,,prc's role in a diplomatic peace settlement in ,ukraine would clear the way for that country's substantial involvement in ,ukraine's reconstruction1 allowing the ,,prc to benefit economically after it supported the aggressor and undermining broader ,united ,states efforts to counter ,,prc malign influence in ,europe2 7#ai7 as earlier ,,prc investments in ,ukraine targeted strategic sectors1 any post-war ,,prc investments in ,ukraine would give the ,,prc access to valuable military technology and know-how1 as ,ukraine inherited roughly one third of the ,soviet ,union's defense-industrial base and #ae percent of ,soviet military research and development facilities1 and during its war against ,russia1 has made great strides in the development of certain defense items2 7#bj7 given ,china's documented track record on corruption1 a role for the ,,prc in ,ukraine's reconstruction would undercut extensive ongoing ,united ,states and ,european efforts to align ,ukrainian governance and anti-corruption standards with those of ,western institutions1 as well as the ,european ,union's progress in helping ,ukraine adhere to the standards required for its prospective entry into the ,european ,union2 7#ba7 it is of vital importance that the ,united ,states and ,europe remain united in confronting the security and economic risks posed by a significant ,,prc role in diplomatic efforts to end ,russia's war in ,ukraine1 executing policies that account for greater ,sino-,russian alignment1 and working together closely on planning ahead for reconstruction to ensure that the ,,prc does not become ,ukraine's only option2 7#bb7 the ,united ,states1 in collaboration with its partners1 should support ,european countries targeted by ,chinese economic coercion and other attempts to exert undue influence 1 either with respect to ,ukraine or other issues2 and 7#bc7 ,united ,states allies and partners in the ,indo-,pacific1 including ,australia1 ,japan1 ,taiwan1 and ,south ,korea-- 7,a7 view the success of ,ukraine's struggle against ,russian aggression as a key factor for deterring ,chinese aggression in the ,indo-,pacific2 and 7,b7 have demonstrated this conviction by providing humanitarian and military assistance to ,ukraine and building ties with allies in ,europe through defense industry relationships4 #dfb4 ,enhancing ,united ,states-,africa trade and investment for prosperity 7a7 ,statement of policy ,it is the policy of the ,united ,states to increase ,united ,states investment in ,africa1 and to promote and facilitate trade between the ,united ,states and ,africa1 focused on key countries and sectors1 that supports mutual economic growth and development outcomes1 long-term development of markets1 and the strategic interests of the ,united ,states4 7b7 ,in general 7#a7 ,establishment ,the ,president shall establish an office within a bureau of the ,united ,states ,agency for ,international ,development 7referred to in this section as ,,usaid7 to coordinate the activities of the ,united ,states ,government related to increasing trade and investment between the ,united ,states and ,africa1 which-- 7,a7 should include representation from relevant agencies designated by the ,president2 7,b7 identifies priority countries and sectors for ,united ,states foreign investment in countries in ,africa and sectors and countries that support ,united ,states economic growth and promotes trade based on the analysis required in subsection 7c72 7,c7 coordinates activities and implementing mechanisms1 including at ,united ,states embassies in ,africa1 to carry out the policy set forth in subsection 7a71 including by-- 7i7 providing program support and guidance to implement the policy described in subsection 7a72 7ii7 providing information and analysis to ,united ,states companies and investors in countries and sectors identified pursuant to subparagraph 7,b72 7iii7 serving1 as needed1 as an information clearinghouse for the ,united ,states ,government for businesses1 investors1 and civic organizations1 and others in the ,united ,states seeking information related to investing in ,africa2 and 7iv7 connecting such entities with teams at ,united ,states embassies overseas2 and 7,d7 identifies barriers to trade and investment in priority countries and sectors and identifies concrete actions that will be taken to address them1 including strengthening programs and activities aimed at improving the enabling environment in those countries4 7#b7 ,organization 7,a7 ,in general ,the office established pursuant to paragraph 7#a7 shall be led by an ,executive ,director who shall be designated by the ,,usaid ,administrator1 and who shall-- 7i7 lead the interagency efforts described in subsection 7a72 7ii7 identify1 not later than #ij days of the release of the analysis required in subsection 7c71 a list of priority countries for the purposes of carrying out this ,act2 7iii7 plan1 coordinate1 and oversee the policies1 activities1 and programs of ,united ,states ,government ,agencies1 in the ,united ,states and in overseas missions1 involved in promoting or facilitating trade1 and investment activities between the ,united ,states and ,africa1 and development and coordination of relevant activities meant to improve the enabling environment2 7iv7 identify and provide information about investment opportunities1 market information1 and ,united ,states ,government programs to support trade and investment activities in priority countries and sectors identified in paragraph 7#a77;,a72 and 7v7 convene1 not less frequently than quarterly1 a committee consisting of the directors from each agency designated under subparagraph 7,b7 to provide strategic guidance and coordination for the policy1 programs1 and activities of ,prosper ,africa4 7,b7 ,designation of participating departments ,the ,president shall designate ,federal departments and agencies to participate in support of the policy set forth in subsection 7a7 and direct the head of each of designated agency-- 7i7 to designate an employee to serve as a focal point for each agencies' respective activities related to subsection 7a71 who shall coordinate the relevant activities of their respective agency and liaise with the ,executive ,director designated pursuant to subparagraph 7,a72 and 7ii7 to designate an employee to serve at ,united ,states embassies in priority countries identified in paragraph 7#a77;,a74 7#c7 ,staffing ,in order to carry out subsection 7a7-- 7,a7 the ,executive ,director shall have the authority1 as appropriate1 to hire employees and contractors in a manner that is consistent with existing hiring authorities of ,,usaid to support the execution of efforts in paragraph 7#b71 and shall be supported1 as appropriate1 by staff detailed from any ,federal agency designated pursuant to paragraph 7#b77;,b72 and 7,b7 the ,chief of ,mission in priority countries-- 7i7 shall take an active and direct leadership role in promoting1 supporting1 and facilitating activities pursuant to subsection 7a72 7ii7 shall designate a ,foreign ,service ,officer1 a ,foreign ,commercial ,service ,officer1 or other direct hire person under ,chief of ,mission ,authority to lead an interagency team to support activities pursuant to subsection 7a7 who shall-- 7,i7 conduct assessments of market conditions and business operating environments2 7,,ii7 identify investment opportunities2 7,,iii7 foster relationships and communications between ,united ,states investors and businesses and ,african businesses and individuals within their country of responsibility2 and 7,,iv7 carry out other duties as necessary2 and 7iii7 is authorized to hire locally employed staff with relevant experience to support the activities of the team established pursuant to clause 7ii74 7c7 ,market and sector analysis 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and every #d years thereafter until #bjca1 the ,executive ,director of ,prosper ,africa shall commission and publish a study of the investment environment in ,africa that incorporates-- 7,a7 an analysis of which markets are the most promising for private investment2 7,b7 an analysis of ,african markets that identifies which industries and sectors ,united ,states firms have an advantage in comparison to other sources of foreign direct investment2 and 7,c7 an analysis of perceived and actual barriers to ,united ,states private investment1 including-- 7i7 significant legal and regulatory constraints to foreign investment and business operating environments2 7ii7 reputational risks2 7iii7 investor information gaps2 and 7iv7 access to and affordability of capital1 labor markets1 currency volatility1 and infrastructure4 7#b7 ,agreement ,to produce the study required under paragraph 7#a71 the ,executive ,director may enter into an agreement with a qualified ,united ,states private sector consultant or subject matter expert who shall conduct the study4 7#c7 ,distribution ,the ,administrator of the ,united ,states ,agency for ,international ,development shall submit each study required under paragraph 7#a7 to the appropriate congressional committees and shall make each such study publicly available4 7#d7 ,priority countries ,the ,executive ,director shall identify the priority countries of the ,prosper ,africa program1 pursuant to subsection 7b77#b77;,a77#b71 based on the findings of the study required under paragraph 7#a74 7d7 ,small and medium enterprises ,to the extent practicable1 ,prosper ,africa shall promote and facilitate investments in small and medium enterprises1 including by establishing and supporting relationships between ,united ,states ,government institutions1 philanthropic institutions1 and private lenders to mobilize blended finance for small and medium enterprises in ,africa4 7e7 ,support for diaspora investment 7#a7 ,in general ,prosper ,africa shall seek to support and facilitate investments in ,africa by ,united ,states citizens and residents who identify as members of the ,african ,diaspora4 7#b7 ,president's ,advisory ,council on ,african diaspora engagement in the ,united ,states ,the ,prosper ,africa ,coordinator shall consult with the ,president's ,advisory ,council on ,african ,diaspora ,engagement in the ,united ,states 7referred to in this subsection as the ,council71 established by ,executive ,order #adjhi1 on issues relating to increasing1 developing1 and sustaining investments in ,africa by ,united ,states members of the ,african diaspora4 7,a7 ,membership ,the ,executive ,director shall recommend to the ,president for appointment to the ,council not fewer than #c individuals who have significant relevant experience in the fields of trade1 private investment1 economics1 or international development1 or other relevant fields4 7,b7 ,annual report ,the ,council shall publish an annual report on investment in ,africa by ,united ,states members of the ,african diaspora and barriers to increased investment by the diaspora4 7#c7 ,diaspora business forums ,the ,prosper ,africa ,coordinator shall organize public meetings throughout the ,united ,states with members of the ,african ,diaspora community that-- 7,a7 provide a forum for communication1 education1 and information about investment opportunities2 and 7,b7 may be coordinated with local civic1 community1 and business organizations1 as appropriate4 7f7 ,business enabling environment ,the ,prosper ,africa ,coordinator1 in coordination with the respective ,chiefs of ,mission at designated ,united ,states ,embassies1 shall seek to strengthen the business enabling environment in ,africa by-- 7#a7 identifying barriers to ,united ,states investment on a country-by-country basis2 7#b7 identifying existing development and technical assistance programs that can serve to eliminate the barriers in paragraph 7#a72 7#c7 ensuring country development cooperation strategies and regional development cooperation strategies incorporate program and activities1 focused on addressing specific barriers to private sector investment as identified in paragraph 7#a72 and 7#d7 providing policy advice and technical assistance to select ,african countries to develop and improve regulatory and legal structures1 taxation and customs regimes1 policy frameworks1 and other relevant structures and practices to improve the operating environments for businesses and eliminate other barriers to competition4 7g7 ,evaluation ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the appropriate congressional committees a report containing recommendations for improving effectiveness of ,united ,states ,government actions to carry out subsection 7a71 including by evaluating the effectiveness of the organizational structure and staffing of this section the effectiveness of the steps undertaken to carry out subsection 7d7 and the applicability of metrics used to produce this report4 #dfc4 ,report on ,horn of ,africa 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 it is in the interest of the ,united ,states to engage in diplomatic efforts in the ,red ,sea region that counter ,,prc influence through increased ,united ,states engagement that-- 7,a7 promotes the strengthening of free1 open1 transparent1 democratic partners2 7,b7 encourages international dialogue on shared transnational security issues2 7,c7 assesses the root causes of forced migration and cooperatively responds to vulnerable refugees2 7,d7 maintains secure and free navigation of international waters to encourage international economic integration and mitigate threats2 7,e7 prevents and counters violent extremism1 as well as the illicit activities that enable terrorist activities2 and 7,f7 monitors and combats illegal1 unreported1 and unregulated fishing2 7#b7 increased ,united ,states engagement in the ,horn of ,africa and ,red ,sea region has presented an opportunity to build and strengthen security cooperation with key partners in that region2 7#c7 the ,red ,sea region includes a strategic maritime choke point1 the ,bab-al-,mandeb ,strait1 which-- 7,a7 connects the ,red ,sea to the ,gulf of ,aden2 and 7,b7 is essential to support ,united ,states national security interests1 including countering the flows of ,iranian lethal aid to ,yemen and facilitating the free flow of commerce2 7#d7 increased ,united ,states engagement with ,somaliland1 which occupies a strategic geographic location in the ,horn of ,africa and is adjacent to strategic maritime routs in the ,red ,sea and ,gulf of ,aden could-- 7,a7 contribute to the achievement of ,united ,states national security interests given the evolving security situating in the region2 and 7,b could provide flexibility with regards to the delivery of humanitarian assistance in the ,horn of ,africa region and beyond2 and 7#e7 security cooperation in the ,red ,sea and ,gulf of ,aden region is critical-- 7,a7 to maintaining a de facto ceasefire in ,yemen2 and 7,b7 to further a political resolution to the ,yemeni conflict4 7b7 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to establish and maintain an approach towards the ,red ,sea region that promotes ,united ,states economic1 political1 and security interests in the region2 7#b7 to facilitate and support sustained regional dialogue between the ,united ,states and countries in the ,red ,sea region and other non-littoral states that have interests in the ,red ,sea region by creating lasting mechanisms for cooperative1 multinational efforts to advance democracy1 human rights1 good governance1 combat illegal1 unregulated1 and unreported fishing2 counter-terrorism1 counter-smuggling1 conflict prevention1 resolution1 and adaptation in and surrounding the ,red ,sea region2 7#c7 to preserve and enhance a free1 stable1 prosperous ,red ,sea region by supporting and defending principles that contribute to such conditions1 including by supporting-- 7,a7 the sovereignty and self-determination of countries in the ,red ,sea region2 7,b7 sustainable economic development2 7,c7 increased democratization and respect for internationally recognized human rights2 7,d7 transparent and accountable governance2 7,e7 prudent management of natural resources and enhanced food security2 7,f7 protection of migrants and refugees2 and 7,g7 women and girls with attention to gender-based violence in the region2 7#d7 to secure the safe transit of vessels through the ,red ,sea waterways and mitigate threats to maritime security posed by malign actors1 including the ,houthis in ,yemen1 by-- 7,a7 helping build the capacity of partner countries and sharing information with regional partners1 where appropriate2 7,b7 securing coastal infrastructure critical to the interests of the ,united ,states1 including ,united ,states military bases1 ports1 undersea communication cables1 oil pipelines1 and depots2 7,c7 supporting1 where appropriate1 law enforcement and defense capabilities of ,red ,sea region partners2 7,d7 enabling partner nations' defensive capabilities and encouraging counter-smuggling operations2 and 7,e7 reducing human1 narcotics1 and arms trafficking1 piracy1 and illegal1 unregulated1 and unreported fishing2 7#e7 to bolster preventative diplomacy to prevent conflicts and to support the peaceful resolution of conflict within and among countries2 7#f7 to analyze and address natural and man-made environmental threats in cooperation with our partners in the region1 including risk of oil spills1 locusts1 threats to regional water supplies1 and developmental activities2 7#g7 to encourage principled1 transparent foreign investment and trade1 with a particular emphasis on the ,horn of ,africa1 including by ,united ,states and ,western corporations2 7#h7 to ensure foreign investments and presence1 including economic1 military1 or otherwise1 do not result in the destabilization of any countries2 7#i7 to help countries address opaque investments and undue influence by malign actors and promote and assist with the development of strategies to ensure transparency and fair treatment by foreign actors2 7#aj7 to help countries respond to violent extremist groups that threaten stability and disrupt their funding and weapons supplies2 7#aa7 to increase ,united ,states diplomatic presence and influence2 7#ab7 to counter ,,prc military1 diplomatic1 economic and cultural influence in the ,red ,sea region through increased ,united ,states engagement1 including democracy and governance assistance1 economic assistance1 infrastructure investment and security assistance and cooperation2 and 7#ac7 to mitigate threats posed by the ,houthis in ,yemen to regional stability and to vessels transiting the ,red ,sea or ,gulf of ,aden by enabling partner nations' defensive capabilities and encouraging counter-smuggling operations4 7c7 ,strategy ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,defense1 the ,administrator of the ,united ,states ,agency for ,international ,development1 and the heads of other relevant ,federal ,government agencies1 shall submit to the appropriate congressional committees a #e-year integrated strategy for the ,red ,sea region that includes-- 7#a7 a clear articulation of the security1 political1 and economic interests of the ,united ,states1 with special emphasis on the promotion of the policy objectives in subsection 7b72 7#b7 plans for ensuring the ,red ,sea ,security ,forum required under subsection 7f7 will further shared interests between the ,united ,states and partners and allies in democracy1 human rights1 inclusive governance1 economic development1 anti-corruption1 counter-terrorism1 conflict prevention and resolution1 and other relevant areas2 7#c7 plans for fostering regional cooperation on issues1 such as migration1 including forced migration and its root causes1 and supporting refugee assistance2 7#d7 plans for increasing ,united ,states economic engagement in the region through diplomatic and1 where applicable1 programmatic support for-- 7,a7 a rules-based investment climate2 7,b7 ,united ,states private sector investment2 7,c7 regional economic integration1 if and as appropriate2 and 7,d7 an assessment that clearly identifies the implications of investment schemes of malign actors and strategic competitors in the ,red ,sea region2 7#e7 plans for ensuring engagement1 as appropriate1 of initiatives such as ,prosper ,africa1 ,power ,africa1 the ,middle ,east ,partnership ,initiative1 and expertise of independent ,united ,states ,government agencies1 such as the ,development ,finance ,corporation1 the ,united ,states ,african ,development ,foundation1 and other relevant ,united ,states ,government programs to carry out activities that advance ,united ,states security1 environment1 energy1 and economic interests in the ,red ,sea region2 7#f7 plans for supporting specific programs and activities required to help bolster military and civilian capacity to prevent and counter violent extremism1 to reduce human1 narcotics1 and arms trafficking1 and to maintain the secure and free flow of ,united ,states and partner military and commercial vessels informed by a county by country assessment of the gaps left by current programming1 and in accordance with international humanitarian law2 7#g7 plans for protecting coastal infrastructure critical to ,united ,states interests and1 where appropriate1 enhance partner government capacity to that end1 including ,united ,states military bases1 ports1 undersea communication cables1 and oil pipelines and depots2 and 7#h7 plans for countering ,russian and ,,prc military1 diplomatic1 economic and cultural influence in the ,red ,sea region4 7d7 ,consultation ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall consult with the appropriate congressional committees on the strategy detailed in subsection 7c74 7e7 ,policy and diplomatic coordination 7#a7 ,establishment of new position ,there may be established within the ,department of ,state an ,office of the ,united ,states ,senior ,coordinator for the ,red ,sea ,region1 which shall be led by a ,senate-confirmed ,senior ,coordinator who shall work closely with the ,bureaus of ,african ,affairs1 ,near ,eastern ,affairs1 relevant ,department bureaus and offices1 the ,department of ,defense1 the ,united ,states ,agency for ,international ,development and others in the ,united ,states ,government to develop1 integrate1 and coordinate a strategic approach towards the ,red ,sea region and who shall-- 7,a7 be subject to the advice and consent of the ,senate2 7,b7 report directly to the ,under ,secretary of ,state for ,political ,affairs2 7,c7 coordinate the development and lead the implementation of the strategy required under subsection 7c72 7,d7 ensure1 in consultation with the ,assistant ,secretary of ,state for ,african ,affairs and the ,assistant ,secretary of ,state for ,near ,eastern ,affairs1 that ,united ,states ,ambassadors in the ,red ,sea region-- 7i7 are aware of such strategy2 and 7ii7 are taking concrete actions on a regular basis in the countries in which they serve to help further such strategy2 7,e7 ensure relevant ,department of ,state programs and activities being carried out in the ,red ,sea region are coordinated in such a way that they advance the policy and strategy described in section b and c2 7,f7 coordinate1 through the establishment of an interagency working group1 with the ,assistant ,administrators for ,africa1 the ,middle ,east1 and other relevant ,,usaid bureaus1 and with the ,deputy ,assistant ,secretaries of ,defense for ,africa and the ,middle ,east at ,department of ,defense to identify programs and activities of their respective bureaus and agencies that will support the strategy described in subsection 7c72 7,g7 lead ,united ,states diplomatic efforts on transnational issues in the ,red ,sea region2 and 7,h7 ensure that appropriate congressional committees are regularly informed relative to ,red ,sea and ,gulf of ,aden issues4 7#b7 ,diplomatic posts ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall submit a report to the appropriate congressional committees that examines-- 7,a7 the feasibility of adding at least #a additional position to ,united ,states diplomatic posts at each of the embassies in the ,red ,sea region2 7,b7 any other explicit personnel plans to increase reporting on1 among other issues1 political1 economic1 and security engagement in the ,red ,sea region by actors from outside the region1 especially the ,,prc1 the ,russian ,federation1 ,iran1 the ,republic of ,trkiye1 and the ,arabian ,gulf countries2 and 7,c7 actions taken by countries that could have a destabilizing effect on the ,red ,sea region4 7#c7 ,establishment of reporting category ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary shall create a ,red ,sea region category within the internal reporting system of the ,department of ,state to enable readers from throughout the ,united ,states ,government to better identify and access reporting pertaining to the ,red ,sea region4 7f7 ,red ,sea ,security ,forum ,the ,secretary1 in consultation with the ,secretary of ,defense and the ,administrator of the ,united ,states ,agency for ,international ,development1 shall convene an annual security forum involving ,united ,states and foreign diplomatic1 development and defense officials1 representatives of multilateral organizations1 and civil society to identify and develop approaches to shared challenges in the ,red ,sea region1 including-- 7#a7 countering ,,prc influence2 7#b7 maritime security and transnational threats including counter-terrorism1 piracy and arms1 and narcotics trafficking2 7#c7 food security2 7#d7 trade2 7#e7 forced migration2 and 7#f7 environmental security4 7g7 ,reporting requirement ,not later than #a year after the date of the enactment of this ,act1 and annually for the following #d years1 the ,secretary shall submit a report to the appropriate congressional committees that includes-- 7#a7 the status of the implementation of the strategy required under subsection 7c72 7#b7 a description of the engagement of international actors in countries in ,africa that are part of the ,red ,sea region1 with special emphasis on the ,,prc1 the ,russian ,federation1 ,iran1 the ,republic of ,trkiye1 and ,arabian ,gulf countries1 the implications of their engagement for the national security interests of the ,united ,states1 and steps taken to counter the influence of the aforementioned international actors2 7#c7 a detailed description of the illicit networks that move people1 narcotics1 and arms across the ,red ,sea region2 7#d7 a discussion of key foreign investors and investments in the ,red ,sea region initiated over the previous year1 including by ,united ,states and foreign actors2 7#e7 a country-by-country itemization of all ,united ,states democracy and governance assistance provided to countries in the ,red ,sea region1 broken down by program and by funding sources and levels1 along with an identification of the intended and actual outcomes2 7#f7 a country-by-country itemization of all ,united ,states security assistance provided to countries in the ,red ,sea region1 along with an identification of the security capabilities of countries in the ,red ,sea region1 intended gaps in capabilities that ,united ,states assistance is intended to fill1 and actual outcomes2 7#g7 an assessment of the extent to which a sustained ,united ,states presence in ,somaliland would-- 7,a7 support ,united ,states policy focused on the ,red ,sea region1 including the promotion of conflict avoidance and resolution2 7,b7 improve cooperation on counter-terrorism and intelligence sharing1 including by-- 7i7 degrading and ultimately defeating the terrorist threat posed by ,al-,shabaab1 the ,islamic ,state in ,somalia1 and other terrorist groups operating in ,somalia2 and 7ii7 countering the malign influence of the ,iranian regime and its terror proxies2 7,c7 enhance cooperation on counter-trafficking1 including the trafficking of humans1 wildlife1 weapons1 and illicit goods2 7,d7 support trade and development in the region2 7#h7 recommendations for facilitating the distribution of humanitarian assistance in the ,horn of ,africa2 and 7#i7 recommendation for countering the presence of the ,russian ,federation and the ,,prc in the ,horn of ,africa1 including by detailing-- 7,a7 the ,,prc's interest in access to port facilities in ,djibouti1 ,mombasa1 ,massawa1 and ,assab2 7,b7 the ,,prc's role in fomenting unrest in the ,sool region of ,somaliland2 and 7,c7 the role ,somaliland's relationship with the ,republic of ,china 7,taiwan7 counters ,,prc influence in the region and contributes to ,united ,states interests4 7h7 ,form ,the report required under this section shall be unclassified to the maximum extent practicable1 but may include a classified annex4 #dfd4 ,sense of ,congress on ,jackson-,vanik ,it is the sense of ,congress that it is in the interests of the ,united ,states to waive the application of section #djb7;e7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdcb7;e77 with respect to ,uzbekistan 7upon ,uzbekistan's accession to the ,world ,trade ,organization7 and with respect to ,kazakhstan4 ,e ,united ,states interests in international organizations #dga4 ,global peace operations initiative ,section #eeb of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcdh;a7 is amended by adding at the end the following3 7e7 ,none of the funds authorized to be appropriated or otherwise made available to carry out this chapter1 including for the ,global ,peace ,operations ,initiative of the ,department of ,state1 may be used to train or support foreign military forces in peacekeeping training exercises implemented by the ,government of the ,people's ,republic of ,china or the ,people's ,liberation ,army1 unless1 by not later than ,october #a of each year1 the ,secretary certifies to the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives that such training or support is important to the national security interests of the ,united ,states4 4 #dgb4 ,office on ,multilateral ,strategy and ,personnel ,the ,bureau of ,international ,organization ,affairs of the ,department of ,state shall create and maintain1 within the ,bureau1 the ,office on ,multilateral ,strategy and ,personnel1 which shall-- 7#a7 create1 coordinate1 and maintain a whole-of-government strategy to strengthen ,united ,states engagement and leadership with multilateral institutions2 7#b7 coordinate ,united ,states ,government efforts related to the ,united ,nations ,junior ,professional ,office program 7referred to in this section as ,,jpo71 including-- 7,a7 recruiting qualified individuals who represent the ,united ,states rich diversity to apply for ,united ,states-sponsored ,,jpo positions2 7,b7 collecting and collating information about ,united ,states-sponsored ,j,p,os from across the ,united ,states ,government2 7,c7 establishing and providing orientation and other training to ,united ,states-sponsored ,j,p,os2 7,d7 maintaining regular contact with current and former ,united ,states-sponsored ,j,p,os1 including providing career and professional advice to ,united ,states-sponsored ,j,p,os2 7,e7 making strategic decisions1 including regarding the location and duration of ,united ,states-sponsored ,,jpo positions1 to strengthen ,united ,states national security interests and the competitive advantage of ,united ,states-sponsored ,j,p,os for future employment2 7,f7 sponsoring events1 including representational events1 as appropriate1 to support ,united ,states-sponsored ,j,p,os2 and 7,g7 evaluating the efficacy of the ,united ,states ,,jpo strategy and its implementation at regular intervals2 7#c7 coordinate and oversee a whole-of-government ,united ,states strategy and efforts in relation to promoting qualified candidates1 including candidates from partner or allied nations1 to elected or appointed to senior positions at multilateral institutions1 including-- 7,a7 creating a whole-of-government strategy that identifies and prioritizes upcoming openings of leadership positions at multilateral organizations2 7,b7 identifying and recruiting qualified candidates to apply or run for such positions2 and 7,c7 creating and implementing a strategy to obtain the support necessary for candidates for such positions1 including-- 7i7 liaising and coordinating with international partners to promote candidates2 and 7ii7 working with embassies to lobby other officials needed to support relevant candidates2 7#d7 promote detail and transfer opportunities for qualified ,united ,states personnel to multilateral organizations under section #ccdc or #ceha of title #e1 ,united ,states ,code1 including-- 7,a7 by liaising with multilateral institutions to promote and identify detail and transfer opportunities2 7,b7 by developing and maintaining a database of detail and transfer opportunities to multilateral organizations2 7,c7 by promoting such detail and transfer opportunities within the ,united ,states ,government and making such database available to those eligible for details and transfers2 and 7,d7 by facilitating any relevant orientation1 training1 or materials for detailees and transferees1 including debriefing detailees and transferees upon their return to the ,united ,states ,government2 and 7#e7 develop and oversee official and regular ,united ,states ,government fellowships at multilateral institutions to provide ,united ,states ,government personnel additional opportunities to undertake details at multilateral institutions4 #dgc4 ,authorization of appropriations for ,junior ,professional ,officer positions and ,united ,states candidates for leadership positions in multilateral institutions 7a7 ,authorization of appropriations ,there are authorized to be appropriated #aj1jjj1jjj1 for each of the fiscal years #bjbd through #bjcj1 which1 upon appropriation1 shall remain available until expended and shall be used by the ,secretary to support ,junior ,professional ,officer positions at multilateral institutions1 including by-- 7#a7 recruiting1 training1 and hosting events related to such positions2 and 7#b7 promoting ,united ,states candidates for leadership positions at multilateral institutions4 7b7 ,congressional notification ,not later than #ae days before obligating any funds appropriated pursuant to subsection 7a71 the ,secretary shall notify the ,committee on ,foreign ,relations of the ,senate1 the ,committee on ,appropriations of the ,senate1 the ,committee on ,foreign ,affairs of the ,house of ,representatives1 and the ,committee on ,appropriations of the ,house of ,representatives regarding the amount and proposed use of such funds4 #dgd4 ,safeguarding the integrity of the ,united ,nations system 7a7 ,sense of ,congress ,it is the sense of the ,congress that-- 7#a7 the ,united ,nations system is critical to advancing peace and security1 internationally recognized human rights1 and development2 7#b7 the ,united ,states benefits from opportunities at the ,united ,nations to engage in multilateral diplomacy-- 7,a7 to advance its own interests2 and 7,b7 to work with other members of the international community to address complex and shared challenges2 and 7#c7 the ,united ,states has an interest in safeguarding the integrity the ,united ,nations system4 7b7 ,prioritizing the ,united ,nations system ,the ,secretary1 in coordination with the ,permanent ,representative of the ,united ,states to the ,united ,nations1 as appropriate1 shall prioritize the ,united ,nations system1 including by instructing the senior leadership of the ,united ,states ,mission to the ,united ,nations and other ,united ,states missions to the ,united ,nations-- 7#a7 to promote ,united ,states participation in the ,united ,nations system1 and that of ,united ,states allies and partners who are committed to upholding the integrity of the ,united ,nations2 7#b7 to ensure that ,united ,nations employees are held accountable to their obligation to uphold the ,united ,nations charter1 rules1 and regulations2 7#c7 to monitor and counter undue influence1 especially by authoritarian governments1 within the ,united ,nations system2 7#d7 to promote the participation and inclusion of ,taiwan throughout the ,united ,nations system and its affiliated agencies and bodies2 and 7#e7 to advance other priorities deemed relevant by the ,secretary and the ,permanent ,representative of the ,united ,states to the ,united ,nations to safeguard the integrity of the ,united ,nations system4 #dge4 ,department of ,state report on the ,people's ,republic of ,china's ,united ,nations peacekeeping efforts 7a7 ,annual report ,not later than ,january #ca of each year through ,january #ca1 #bjbg1 the ,secretary shall submit a report to the appropriate congressional committees describing the ,people's ,republic of ,china's ,united ,nations peacekeeping efforts4 7b7 ,elements ,the report required under subsection 7a7 shall include an assessment of the ,,prc's contributions to ,united ,nations peacekeeping missions1 including-- 7#a7 a detailed list of the placement of ,,prc peacekeeping troops2 7#b7 a list of the number of troops participating in the ,united ,nations ,peacekeeping ,mission from the ,,prc1 the ,united ,states1 and other permanent members of the ,united ,nations ,security ,council2 7#c7 an estimate of when the ,,prc is expected to surpass the ,united ,states as the top financial contributor to the ,united ,nations peacekeeping operations2 7#d7 an estimate of the amount of money that the ,,prc receives from the ,united ,nations for its peacekeeping efforts2 7#e7 an estimate of the portion of the money the ,,prc receives for its peacekeeping operations and troops that comes from ,united ,states contributions to ,united ,nations peacekeeping efforts2 7#f7 an analysis comparing the locations of ,,prc peacekeeping troops and the locations of ,one ,belt1 ,one ,road projects2 and 7#g7 an assessment of the number of ,chinese ,united ,nations peacekeepers who are part of the ,people's ,liberation ,army or the ,people's ,armed ,police1 including the rank1 division1 branch1 and theater command of such peacekeepers4 ,v ,investing in our values through sanctions and ,united ,nations reforms #eja4 ,imposition of sanctions with respects to systematic rape1 coercive abortion1 forced sterilization1 or involuntary contraceptive implantation in the ,xinjiang ,uyghur ,autonomous ,region 7a7 ,in general ,section #f7;a77#a7 of the ,uyghur ,human ,rights ,policy ,act of #bjbj 7,public ,law #aaf-ade2 #bb ,u4,s4,c4 #fija note7 is amended-- 7#a7 by redesignating subparagraphs 7,e7 and 7,f7 as subparagraphs 7,f7 and 7,g71 respectively2 and 7#b7 by inserting after subparagraph 7,d7 the following3 7,e7 ,systematic rape1 coercive abortion1 forced sterilization1 involuntary contraceptive implantation policies and practices1 or any other type of sexual or gender based violence4 4 7b7 ,effective date2 applicability ,the amendment made by subsection 7a7-- 7#a7 shall take effect on the date of the enactment of this ,act2 and 7#b7 shall apply with respect to the first report required under section #f7;a77#a7 of the ,uyghur ,human ,rights ,policy ,act of #bjbj 7,public ,law #aaf-ade2 #bb ,u4,s4,c4 #fija note7 submitted after such date of enactment4 #ejb4 ,removal of members of the ,united ,nations ,human ,rights ,council that commit human rights abuses ,the ,president shall direct the ,permanent ,representative of the ,united ,states to the ,united ,nations to use the voice1 vote1 and influence of the ,united ,states-- 7#a7 to reform the process for suspending the rights of membership on the ,united ,nations ,human ,rights ,council for countries whose governments commit gross and systemic violations of human rights1 including-- 7,a7 seeking to lower the threshold vote at the ,united ,nations ,general ,assembly for suspension of the rights of membership to a simple majority2 7,b7 ensuring information detailing a member country's human rights record is publicly available before a vote on suspension of its rights of membership2 and 7,c7 making the vote of each country on the suspension of rights of membership from the ,united ,nations ,human ,rights ,council publicly available2 7#b7 to reform the rules for electing members to the ,united ,nations ,human ,rights ,council to seek to ensure ,united ,nations members whose governments have committed gross and systemic violations of internationally recognized human rights are not elected to the ,human ,rights ,council2 and 7#c7 to oppose the election to the ,human ,rights ,council of any ,united ,nations member-- 7,a7 the government of which has been determined to be engaging in a consistent pattern of gross violations of internationally recognized human rights pursuant to section #aaf or section #ejb;,b of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean and #bcjd72 7,b7 currently designated as a state sponsor of terrorism2 7,c7 currently designated as a ,tier #c country under section #aaj7;b77#a77;,c7 the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gaja7;b77#a77;,c772 7,d7 the government of which is identified on the list published by the ,secretary pursuant to section #djd7;b7 of the ,child ,soldiers ,prevention ,act of #bjjh 7#bb ,u4,s4,c4 #bcgj;c-#a7;b77 as a government that recruits and uses child soldiers2 or 7,e7 the government of which the ,united ,states determines to have committed genocide1 crimes against humanity1 war crimes1 or ethnic cleansing4 #ejc4 ,united ,nations policy and international engagement on the reincarnation of the ,dalai ,lama and religious freedom of ,tibetan ,buddhists 7a7 ,reaffirmation of policy ,it is the policy of the ,united ,states1 as provided under section #cdb7;b7 of division ,,ff of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj71 that any interference by the ,government of the ,people's ,republic of ,china or any other government in the process of recognizing a successor or reincarnation of the #adth ,dalai ,lama and any future ,dalai ,lamas would represent a clear abuse of the right to religious freedom of ,tibetan ,buddhists and the ,tibetan people4 7b7 ,international efforts ,to protect religious freedom of ,tibetan ,buddhists ,the ,secretary should engage with ,united ,states allies and partners to-- 7#a7 support ,tibetan ,buddhist religious leaders' sole religious authority to identify and install the #aeth ,dalai ,lama2 7#b7 oppose claims by the ,government of the ,people's ,republic of ,china that the ,,prc has the authority to decide for ,tibetan ,buddhists the #aeth ,dalai ,lama2 and 7#c7 reject interference by the ,government of the ,people's ,republic of ,china in the religious freedom of ,tibetan ,buddhists4 ,,vi ,advancing oversight of international life sciences research #fja4 ,short title ,this title may be cited as the ,biological ,weapons ,act of #bjbd4 #fjb4 ,definitions ,in this title3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,committee on ,armed ,services of the ,senate2 7,c7 the ,select ,committee on ,intelligence of the ,senate2 7,d7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,e7 the ,committee on ,armed ,services of the ,house of ,representatives2 and 7,f7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#b7 ,biological weapons convention ,the term ,biological ,weapons ,convention means the ,convention on the ,prohibition of the ,development1 ,production and ,stockpiling of ,bacteriological and ,toxin ,weapons and on their ,destruction1 done at ,washington1 ,london1 and ,moscow1 ,april #aj1 #aigb4 7#c7 ,dual use research of concern ,the term dual-use research of concern is life sciences research that-- 7,a7 involves an international partner2 and 7,b7 based on current understanding1 can be reasonably anticipated to provide knowledge1 information1 products1 or technologies that could be directly misapplied to pose a significant threat with broad potential consequences to public health and safety1 agricultural crops and other plants1 animals1 the environment1 materiel1 or national security4 7#d7 ,other international life sciences research of concern ,the term other international life sciences research of concern means research that-- 7,a7 is conducted by or with an international partner2 7,b7 involves1 or is anticipated to involve-- 7i7 enhancing a potential pandemic pathogen2 7ii7 the characterization of pathogens with pandemic potential2 or 7iii7 modifying a pathogen in such a way that it could acquire pandemic potential2 or 7,c7 involves enhancing the pathogenicity1 contagiousness1 or transmissibility of viruses or bacteria in ways or for purposes that can be reasonably anticipated to pose a threat to public health and safety or national security4 #fjc4 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to conduct rigorous scrutiny of and regularly review international biological1 bacteriological1 virological1 and other relevant research collaboration that could be weaponized or reasonably considered dual-use research of concern1 and incorporate national security and nonproliferation considerations and country-specific conditions into decisions regarding such collaborations2 7#b7 to ensure that1 in the search for solutions to pressing global health challenges1 ,united ,states ,government support for public health research and other actions does not advance the capabilities of foreign adversaries in the area of dual-use research of concern or inadvertently contribute to the proliferation of biological weapons technologies2 and 7#c7 to declassify1 to the maximum extent possible1 all intelligence relevant to the ,,prc's compliance or lack of compliance with its obligations under the ,biological ,weapons ,convention1 and other national security concerns regarding ,,prc biological1 bacteriological1 virological1 and other relevant research that could be weaponized or reasonably considered dual-use research of concern that may be outside the scope of the ,biological ,weapons ,convention4 #fjd4 ,amendments to the ,secretary of ,state's authority under the ,arms ,control and ,disarmament ,act 7a7 ,research1 development1 and other studies ,section #cja7;a7 of the ,arms ,control and ,disarmament ,act 7#bb ,u4,s4,c4 #bega7;a77 is amended by inserting biological1 virological1 after bacteriological4 7b7 ,oversight of dual-,use research 7#a7 ,in general ,title ,,iii of the ,arms ,control and ,disarmament ,act 7#bb ,u4,s4,c4 #bega et seq47 is amended by adding at the end the following3 #cji4 ,authorities with respect to dual-use research of concern and other international life sciences research of concern 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 7,c7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#b7 ,dual-use research of concern ,the term dual-use research of concern has the meaning given such term in section #fjb of the ,biological ,weapons ,act of #bjbd4 7#c7 ,other international life sciences research of concern ,the term other international life sciences research of concern has the same meaning as defined by section #fjb of the ,biological ,weapons ,act of #bjbd4 7b7 ,oversight of dual use research of concern and other international life sciences research of concern ,the ,secretary1 with respect to oversight of dual-use research of concern and other international life sciences research of concern1 shall-- 7#a7 ensure robust and consistent ,department of ,state participation in interagency processes and review mechanisms2 7#b7 require the ,administrator of the ,united ,states ,agency for ,international ,development to report to1 and consult with1 the ,department of ,state regarding any proposed programs1 projects1 initiatives1 or funding for dual-use research of concern or other international life sciences research of concern2 7#c7 evaluate whether proposed international scientific and technological cooperation activities in which the ,united ,states ,government participates that involves dual-use research of concern or other international life sciences research of concern1 including research related to biological agents1 toxins1 and pathogens1 aligns with the ,united ,states ,national ,security ,strategy and related strategic documents2 7#d7 direct the ,department of ,state-- 7,a7 to implement prohibitions and enhanced restrictions on high-risk life sciences research with ,united ,states adversaries1 especially the ,people's ,republic of ,china1 the ,russian ,federation1 the ,islamic ,republic of ,iran1 and the ,democratic ,people's ,republic of ,korea2 and 7,b7 to adhere to such prohibitions and enhanced restrictions when participating in interagency processes and review mechanisms related to dual-use research of concern and other international life sciences research of concern2 7#e7 create1 in consultation with other ,federal departments and agencies1 policies and processes for post-award oversight of grants and funding for dual-use research of concern and other international life sciences research of concern that-- 7,a7 are aligned with existing laws and regulations2 7,b7 provide grants or funding from other ,federal departments and agencies2 and 7,c7 keep the ,department of ,state apprised of any national security or foreign policy concerns that may arise with respect to a project funded by another ,federal department or agency2 7#f7 conduct periodic reviews of the adequacy of consultative mechanisms with other ,federal departments and agencies with respect to oversight of dual-use research of concern and other international life sciences research of concern1 especially consultative mechanisms mandated in ,united ,states law1 and identify recommendations for improving such consultative mechanisms2 7#g7 direct ,chiefs of ,mission to ensure-- 7,a7 country team assessments are submitted to the ,department of ,state and the head of the ,federal department or agency proposing to sponsor programs and collaborations to scrutinize whether such programs or collaborations involve dual-use research of concern or other life international life sciences research of concern2 and 7,b7 such assessments are integrated into relevant interagency processes2 and 7#h7 direct ,chiefs of ,mission to increase embassy reporting in other countries on dual-use research of concern1 other international life sciences research of concern1 biosecurity hazards trends in the development of synthetic biology and biotechnology1 and other related matters4 7c7 ,reports to ,congress ,not later than #a year after the date of the enactment of this ,act1 and biennially thereafter for the following #e years1 the ,secretary shall submit a report to the appropriate congressional committees that describes the implementation of subsection 7b74 7d7 ,annual report on approvals of collaboration ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter for the following #e years1 the ,secretary should shall submit to the appropriate committees of ,congress a report describing any research or other collaboration1 including transfer agreements1 memoranda of understanding1 joint research projects1 training1 and conferences that involve significant knowledge transfer1 that meets the definitions outlined in subsection 7c7 that was approved or not objected to by the ,secretary of ,state and the justification for such approval or lack of an objection4 4 #fje4 ,report on threats related to specific dual use research of concern and other international life sciences research of concern ,not later than #a year after the date of enactment of this ,act and annually thereafter1 the ,secretary shall submit to the ,foreign ,relations ,committee of the ,senate and the ,foreign ,affairs ,committee of the ,house of ,representatives an assessment of the key national security risks of dual-use research of concern or other international life sciences research of concern1 including-- 7#a7 major issues the ,department of ,state is prioritizing with respect to the misuse or weaponization of1 or that be reasonably anticipated to be misused or weaponized1 biological1 bacteriological1 and virological research1 or the misuse or weaponization of1 or that be reasonably anticipated to be misused or weaponized1 any other category of dual-use research of concern or other international life sciences research of concern by state and non-state actors2 7#b7 the ,department of ,state's efforts to develop and promote measures to prevent such misuse1 weaponization1 or proliferation of dual-use research of concern or other international life sciences research of concern2 7#c7 an assessment of targeted national level and government directed policies1 research initiatives1 or other relevant efforts focused on dual-use research of concern or other international life sciences research of concern1 including-- 7,a7 the ,people's ,republic of ,china2 7,b7 the ,russian ,federation2 7,c7 the ,islamic ,republic of ,iran2 7,d7 the ,democratic ,people's ,republic of ,korea2 7,e7 any other nation identified in the report required under section #djc of the ,arms ,control and ,disarmament ,act 7#bb ,u4,s4,c4 #beic;a72 and 7,f7 any terrorist group or malign non-state actor2 7#d7 an assessment of the national security concerns posed by any of the activities described in paragraph 7#a7 or 7#c72 7#e7 a description of collaboration between ostensibly civilian entities1 including research laboratories1 and military entities1 involving the activities identified in paragraph 7#c72 7#f7 a description of the confidence-building measures or other attempts by the countries referred to in paragraph 7#c7 to justify1 clarify1 or explain the activities described in such paragraph2 7#g7 the extent to which the ,secretary assesses the ,biological ,weapons ,convention and any other relevant international agreements account for or keep pace with the security threats of the activities identified in paragraph 7#c72 7#h7 a description of the process used by the ,united ,states ,government1 including the role of the ,department of ,state1 to approve and review funding or other support1 including subgrants in other countries for dual-use research of concern or other life sciences research of concern1 including research related to biological agents1 toxins1 and pathogens that poses1 or can reasonably be anticipated to pose1 a risk of misuse1 weaponization1 or other threat to ,united ,states national security2 7#i7 a list and description of ,united ,states ,government interagency mechanisms and international groups or coordinating bodies on biosecurity and dual-use research of concern in which the ,department of ,state is a member or has a formal role2 and 7#aj7 a description of any obstacles or challenges to the ability of ,united ,states ,government to address the requirements specified in this section1 including a description of gaps in authorities1 intelligence collection and analysis1 organizational responsibilities1 and resources4 #fjf4 ,report on ,united ,states funding research with the ,,prc 7a7 ,in general ,the ,president shall-- 7#a7 not later than #djj days after the date of the enactment of this ,act1 conduct a formal review regarding all ,united ,states ,government-funded research collaboration initiatives conducted with international partners during the #bj-year period ending on such date of enactment with the ,,prc related to research areas that pose potential biological weapons proliferation risks or meet the criteria of dual-use research of concern or other international life sciences research of concern2 and 7#b7 not later than #ae days after completing the review pursuant to paragraph 7#a71 submit a written1 unclassified report1 which may include a classified annex1 to-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 7,c7 the ,committee on ,armed ,services of the ,senate2 7,d7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,e7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,f7 the ,committee on ,armed ,services of the ,house of ,representatives4 7b7 ,elements ,the report required under subsection 7a77#b7 shall-- 7#a7 provide a detailed description and example of projects of the initiatives identified pursuant to subsection 7a71 the current status of such programs1 including-- 7,a7 dates of initiation and termination2 and 7,b7 the criteria for granting approval of funding2 7#b7 outline the procedures used to approve or deny such grants or other funding1 including the coordination1 if any1 between agencies responsible for public health preparedness and biomedical research agencies1 including the ,department of ,health and ,human ,services1 and national security agencies1 including the ,department of ,state1 the ,department of ,defense1 and the intelligence community2 7#c7 identify gaps in ,united ,states ,government safeguards regarding sufficient measures to prevent any such research intended for civilian purposes from being diverted for military research in the ,,prc2 7#d7 include an assessment of how to best address any such procedural gaps1 especially regarding greater interagency input2 7#e7 explain how the research conducted with the grants and funding requests referred to in paragraph 7#a7 may have contributed to the development of biological weapons1 or the development of technology and advancements that meet the criteria of dual-use research of concern or other international life sciences research of concern in the ,,prc2 7#f7 explain how the ,united ,states ,government's understanding of the ,,prc's military-civil fusion national strategy-- 7,a7 informed and affected such funding decisions2 and 7,b7 will inform future funding decisions in research related to gain-of-function1 synthetic biology1 biotechnology1 or other research areas that pose biological weapons proliferation or dual-use concerns2 7#g7 explain whether any ,united ,states ,government funding was used to support gain-of-function research in the ,,prc during the ,united ,states moratorium on such research between #bjad and #bjag2 7#h7 identify the steps taken the by ,united ,states ,government1 if any1 to apply additional scrutiny to ,united ,states ,government funding1 including subgrants1 to support gain-of-function research in the ,,prc after the ,united ,states ,government lifted the moratorium on gain-of-function research in #bjag2 and 7#i7 include any other relevant matter discovered during the course of such review4 #fjg4 ,biological and toxin weapons review conference 7a7 ,statement of policy ,in order to promote international peace and security1 it is the policy of the ,united ,states to promote compliance with the ,biological ,weapons ,convention in accordance with subsections 7b7 through 7d74 7b7 ,activities ,to advance ,united ,states interests at meetings of the biological weapons convention ,before each ,review ,conference of the ,biological ,weapons ,convention1 the ,secretary shall-- 7#a7 demand greater transparency from the ,government of the ,,prc's activities on dual-use research of concern and the applications of such research that raise concerns regarding its compliance with ,article ,i of the ,biological ,weapons ,convention2 7#b7 engage with other governments1 the private sector 7including in relevant science and technology fields71 and other stakeholders1 as appropriate1 regarding-- 7,a7 ,united ,states concerns about the ,,prc's compliance with the ,biological ,weapons ,convention2 and 7,b7 the national security1 public health1 and non-proliferation implications of such concerns2 7#c7 emphasize that the ,,prc's national strategy of military-civil fusion undermines the underlying utility and effectiveness of the ,biological ,weapons ,convention1 which may not adequately capture the full range of technologies with dual-use implications being pursued by the ,,prc4 7c7 ,declassification of intelligence ,the ,president should1 as appropriate1 declassify intelligence relevant to the ,,prc's obligations under the ,biological ,weapons ,convention and concerns about its compliance the such ,convention4 7d7 ,security council complaint ,if the questions and concerns raised pursuant to subsection 7b7 are not adequately addressed and the ,secretary determines that another state party is in breach of an obligation under the ,biological ,weapons ,convention1 the ,president should consider lodging a complaint to the ,security ,council pursuant to ,article ,,vi of the ,convention4 #fjh4 ,annual report by the ,united ,states ,agency for ,international ,development 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter for the following #e years1 the ,administrator of the ,united ,states ,international ,development shall submit a report to the appropriate congressional committees describing all funding1 including subgrants1 for research involving or related to the study of pathogens1 viruses1 and toxins provided to entities subject to the jurisdiction of countries listed in subsection 7b71 which shall include a national security justification by the ,secretary for such funding4 7b7 ,list of countries specified ,the countries list in this subsection are-- 7#a7 the ,people's ,republic of ,china2 7#b7 the ,russian ,federation2 7#c7 the ,islamic ,republic of ,iran2 7#d7 the ,democratic ,people's ,republic of ,korea2 and 7#e7 any other country specified in the report assessing compliance with the ,biological ,weapons ,convention1 as required under section #djc7;a7 of the ,arms ,control and ,disarmament ,act 7#bb ,u4,s4,c4 #beic;a7a77 during the relevant calendar year4 7c7 ,form ,the report required under subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 #fji4 ,united ,nations agencies1 programs1 and funds 7a7 ,requirement ,the ,permanent ,representative of the ,united ,states to the ,united ,nations shall use the voice1 vote1 and influence of the ,united ,states at the ,united ,nations to block representatives from any country specified in the report required under section #djc7;a7 of the ,arms ,control and ,disarmament ,act 7#bb ,u4,s4,c4 #beic;a7a77 from serving in leadership positions within any ,united ,nations organ1 fund1 program1 or related specialized agency with responsibility for global health security 7including animal health71 biosecurity1 atomic1 biological or chemical weapons1 or food security and agricultural development4 7b7 ,list of countries specified ,the countries to be covered by the report required under subsection 7a71 are-- 7#a7 the ,people's ,republic of ,china2 7#b7 the ,russian ,federation2 7#c7 the ,islamic ,republic of ,iran2 7#d7 the ,democratic ,people's ,republic of ,korea2 7#e7 the ,assad ,regime of ,syria2 and 7#f7 any other country specified in the report required under section #djc7;a7 of the ,arms ,control and ,disarmament ,act 7#bb ,u4,s4,c4 #beic;a7a77 during the relevant calendar year4 7c7 ,sunset ,this section shall cease to have any force or effect beginning on the date that is #e years after the date of the enactment of this ,act4 #faj4 ,rule of construction ,nothing in this ,act may be construed as authorizing or endorsing ,united ,states ,government funding for dual-use research of concern and other international life sciences research of concern with international partners that present risks to the national security and public health of the ,united ,states4