[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4629 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4629
To address issues involving the People's Republic of China.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 17, 2020
Mr. Menendez (for himself, Mr. Schumer, Mr. Durbin, Mr. Wyden, Mr.
Brown, Mrs. Murray, Mr. Reed, Mr. Warner, Ms. Klobuchar, Mrs. Shaheen,
Mr. Van Hollen, and Mr. Heinrich) introduced the following bill; which
was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To address issues involving the People's Republic of China.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``America Labor,
Economic competitiveness, Alliances, Democracy and Security Act'' or
the ``America LEADS Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Statement of policy on Indo-Pacific and China strategy.
Sec. 5. Rules of construction.
TITLE I--INVESTING IN AMERICAN COMPETITIVENESS
Subtitle A--Science and Technology
Sec. 101. Appropriate congressional committees defined.
Sec. 102. Restoration of Federal funding for research and development.
Sec. 103. Excellence in Critical Technologies Program.
Sec. 104. List of acquisition programs, technologies, manufacturing
capabilities, and research areas critical
to national and economic security.
Sec. 105. Department of State Office of International Strategic
Scientific Innovation.
Sec. 106. Report on development and utilization of dual-use
technologies by the Government of China.
Sec. 107. Report on anticompetitive behavior by the Government of
China.
Sec. 108. Statement of policy on cooperation in peaceful exploration of
space and strategy to develop
collaborative, transparent conduct in
space.
Subtitle B--Global Infrastructure Development
Sec. 111. Appropriate congressional committees defined.
Sec. 112. Negotiations to establish international quality
infrastructure investment standards.
Sec. 113. Global assessment of infrastructure.
Sec. 114. Infrastructure transaction and assistance network.
Sec. 115. Provision of assistance by Committee on Foreign Investment in
the United States to allies and partners
with respect to reviewing foreign
investment.
Sec. 116. Strategy for advanced and reliable energy infrastructure.
Sec. 117. Ensuring greater transparency of financing provided by the
People's Republic of China.
Sec. 118. Authorization of appropriations.
Subtitle C--Digital
Sec. 121. Appropriate congressional committees defined.
Sec. 122. Sense of Congress on digital technology issues.
Sec. 123. Sense of Congress on countering the Government of China's
efforts to export its system of digital
authoritarianism and other forms of malign
influence.
Sec. 124. 5G Policy Coordinator.
Sec. 125. Digital Connectivity and Cybersecurity Partnership.
Sec. 126. Multilateral Telecommunications Security Fund.
Sec. 127. Report on threats to the United States semiconductor
industry.
Subtitle D--Manufacturing, Research, and Development Competitiveness
Sec. 130. Definitions.
Part I--Manufacturing, Research, and Technology Development
Sec. 131. Manufacturing USA Program.
Sec. 132. Investing in research and development of critical
technologies.
Sec. 133. Funding for quantum computing and consortial quantum research
and development.
Sec. 134. National Artificial Intelligence Research and Development
Initiative.
Sec. 135. Rebuild manufacturing regions as new critical technology
hubs.
Sec. 136. Strengthening domestic supply chains.
Sec. 137. Development of data and policy recommendations for improved
domestic supply chain resiliency.
Sec. 138. Capital investment for domestic production.
Sec. 139. Improved process for preference for domestic manufacturing of
technologies developed at government
expense.
Sec. 140. Comparative analysis of Chinese and United States investments
in research and manufacturing in areas
critical to the national defense strategy.
Sec. 141. Technical data rights for technologies developed at
government expense that have been
transferred overseas for manufacturing and
production.
Sec. 142. Requirement to buy certain articles from United States and
friendly nation sources.
Sec. 143. Promoting domestic production of technologies developed under
defense research and development
activities.
Sec. 144. Comparative analysis of efforts by the People's Republic of
China and the United States to recruit and
retain researchers.
Sec. 145. Department of Defense Cooperative Technical Talent Protection
Program.
Sec. 146. Employment of experts by Department of Defense laboratories
and the Defense Advanced Research Projects
Agency.
Sec. 147. Analysis of defense industrial base and STEM fellowships,
scholarships, internships, traineeships,
and apprenticeships.
Sec. 148. New technology development in support of the National Defense
Strategy.
Sec. 149. Use of the Defense Production Act to invest in aluminum
production capacity in the United States.
Sec. 150. Domestic requirements for aluminum.
Sec. 151. Quality wage protections for Federal investments.
Sec. 152. COVID-19 critical medical supply chain transparency.
Part II--Semiconductor Manufacturing Incentives
Sec. 153. Semiconductor incentive grants.
Sec. 154. Department of Defense investment in the microelectronics
industry.
Sec. 155. Department of Commerce study on status of microelectronics
technologies in the United States
industrial base.
Sec. 156. Multilateral microelectronics security fund.
Sec. 157. Advanced semiconductor research and design.
Sec. 158. Prohibition on access to assistance by foreign adversaries.
Subtitle E--Education and Countering Influence Campaigns
Sec. 161. Findings on Chinese information warfare and malign influence
operations.
Sec. 162. Sense of Congress on support for higher education.
Sec. 163. Establish limitations regarding Confucius Institutes.
Sec. 164. Disclosures of foreign gifts to United States institutions of
higher education.
Sec. 165. Encourage the development of a non-governmental code of
conduct for countering malign influence at
colleges and universities.
Sec. 166. Authorization of appropriations for science, technology,
engineering, and mathematics education and
training.
Sec. 167. Authorization of appropriations for the Fulbright-Hays
Program.
Sec. 168. Authorization of appropriations for international and foreign
language education programs.
Sec. 169. Support for science and engineering research infrastructure.
Sec. 170. Building the innovation and manufacturing workforce of the
United States.
Sec. 171. Apprenticeship opportunities.
Sec. 172. Community college and industry partnership grants.
Sec. 173. Sense of Congress that institutions of higher education,
Federal and State governments, and
businesses should address the
underrepresentation of students of color
and women in STEM fields.
Sec. 174. Prohibition on certain Federal employees accepting trademarks
from the Government of China.
Sec. 175. Report on the Government of China's efforts to influence and
intimidate Chinese diaspora communities.
Sec. 176. Creation of a civil society fund to research and document
Chinese government operations.
Sec. 177. Supporting local media.
TITLE II--INVESTING IN ALLIANCES AND PARTNERSHIPS
Subtitle A--Strategic and Diplomatic Matters
Sec. 201. Appropriate congressional committees defined.
Sec. 202. United States commitment and support for allies and partners
in the Indo-Pacific.
Sec. 203. Reviving United States leadership in international
organizations and regional institutions.
Sec. 204. Mandate to use sanctions authorities with respect to the
People's Republic of China.
Sec. 205. Negotiations with G7 countries on the People's Republic of
China.
Sec. 206. Enhancing the United States-Taiwan partnership.
Sec. 207. Global public health risk reduction program.
Sec. 208. Enhancement of diplomatic and economic engagement with
Pacific island countries.
Sec. 209. Reporting on the Belt and Road Initiative after onset of the
COVID-19 pandemic.
Sec. 210. United States international development and investment
agenda.
Sec. 211. Report on Department of State personnel and resources devoted
to the Indo-Pacific.
Sec. 212. United States-China climate cooperation.
Sec. 213. Enhancing United States leadership and competitiveness in
advancing global clean energy development.
Sec. 214. Authorizing appropriations for United States contributions to
the Green Climate Fund.
Sec. 215. Energy diplomacy and security within the Department of State.
Sec. 216. Sense of Congress on the Kigali Amendment to the Montreal
Protocol.
Subtitle B--International Security Matters
Sec. 221. Definitions.
Sec. 222. Statement of policy.
Sec. 223. Additional funding for the security of the Indo-Pacific
region.
Sec. 224. Prohibition on use of funds to withdraw the United States
Armed Forces from Japan and the Republic of
Korea.
Sec. 225. Additional funding for foreign military financing in the
Indo-Pacific.
Sec. 226. Additional funding for international military education and
training in the Indo-Pacific.
Sec. 227. Prioritizing excess defense article transfers for the Indo-
Pacific.
Sec. 228. Prioritizing excess naval vessel transfers for the Indo-
Pacific.
Sec. 229. Sense of Congress on arms exports and human rights.
Sec. 230. Enhancing the United States-Taiwan defense relationship.
Sec. 231. Report on United States efforts to engage the People's
Republic of China on nuclear issues and
ballistic missile issues.
Sec. 232. Statement of policy on maritime freedom of operations in
international waterways and airspace of the
Indo-Pacific and on artificial land
features in the South China Sea.
Sec. 233. Statement of policy on becoming a state party to the United
Nations Convention on the Law of the Sea.
Sec. 234. Report on roles, missions, and capabilities of Indo-Pacific
partners.
Sec. 235. Indo-Pacific maritime security initiative.
Sec. 236. Reporting on countries purchasing arms from the People's
Republic of China.
Subtitle C--Regional Strategies To Counter the People's Republic of
China
Sec. 240. Appropriate congressional committees defined.
Part I--Western Hemisphere
Sec. 241. Sense of Congress regarding United States-Canada relations.
Sec. 242. Sense of Congress regarding the Government of China's
arbitrary imprisonment of Canadian
citizens.
Sec. 243. Strategy to enhance cooperation with Canada.
Sec. 244. Enhancing cooperation between the United States and Canada on
technology issues with respect to the
People's Republic of China.
Sec. 245. Enhancing United States-Canada-NATO cooperation on defense
issues with respect to the People's
Republic of China.
Sec. 246. Strategy to strengthen economic competitiveness, governance,
human rights, and the rule of law in Latin
America and the Caribbean.
Sec. 247. Engagement in regional and international organizations in
Latin America and the Caribbean.
Sec. 248. Response to the Belt and Road Initiative in Latin America and
the Caribbean.
Sec. 249. Technological cooperation with Latin American and Caribbean
governments.
Sec. 249A. Defense cooperation in Latin America and the Caribbean.
Sec. 249B. Engagement with civil society in Latin America and the
Caribbean regarding accountability, human
rights, and the risks of pervasive
surveillance technologies.
Part II--Transatlantic Alliance
Sec. 251. Sense of Congress on the transatlantic alliance.
Sec. 252. Strategy requirement.
Sec. 253. Enhancing United States-European Union cooperation on post-
COVID-19 economic relations with the
People's Republic of China.
Sec. 254. Response to the People's Republic of China's Belt and Road
Initiative.
Sec. 255. Enhancing United States-European Union cooperation on
technology issues with respect to the
People's Republic of China.
Sec. 256. Enhancing United States-European Union-NATO cooperation on
defense issues with respect to the People's
Republic of China.
Sec. 257. Engaging with civil society and enhancing United States-
European Union cooperation on democracy and
human rights with respect to the People's
Republic of China.
Part III--South and Central Asia
Sec. 260. Strategy to enhance cooperation with South and Central Asia.
Part IV--Association of Southeast Asian Nations
Sec. 261. Sense of Congress on cooperation with ASEAN.
Sec. 262. ASEAN strategy requirement.
Sec. 263. Enhancing United States-ASEAN cooperation on economic
relations with the People's Republic of
China.
Sec. 264. Enhancing United States-ASEAN cooperation on democracy and
human rights with respect to the People's
Republic of China.
Sec. 265. Sense of Congress on enhancing United States-ASEAN
cooperation on technology issues with
respect to the People's Republic of China.
Part V--Africa
Sec. 271. Assessment of political, economic, and security activity of
the People's Republic of China in Africa.
Sec. 272. Increasing the competitiveness of the United States in
Africa.
Sec. 273. Digital security cooperation with respect to Africa.
Sec. 274. Increasing personnel in United States embassies in sub-
Saharan Africa focused on the People's
Republic of China.
Sec. 275. Support for civil society in Africa.
Part VI--Middle East and North Africa
Sec. 277. Strategy to counter Chinese influence in, and access to, the
Middle East and North Africa.
Sec. 278. Report on Chinese energy, infrastructure, and economic
development in the Middle East and North
Africa.
Sec. 279. Middle East Partnership Initiative.
Part VII--Arctic Region
Sec. 281. Arctic Region defined.
Sec. 282. Sense of Congress on Arctic security.
Sec. 283. Arctic Security Strategy.
Subtitle D--Intelligence Matters
Sec. 291. Definitions.
Sec. 292. Independent review of counterintelligence apparatus and
structure of Federal Government.
Sec. 293. Review organizational culture of intelligence community with
respect to diversity, inclusion, and equity
practices.
TITLE III--INVESTING IN OUR VALUES
Sec. 301. Appropriate congressional committees defined.
Sec. 302. Tibet policy and support.
Sec. 303. Authorization of appropriations for promotion of democracy in
Hong Kong.
Sec. 304. Hong Kong special immigrant visa access and civil society
support.
Sec. 305. Uyghur special immigrant visa access and civil society
support for groups in the Xinjiang Uyghur
autonomous region.
Sec. 306. Imposition of sanctions relating to forced labor.
Sec. 307. Investigations of allegations of goods produced with forced
labor.
Sec. 308. Restrictions on export, reexport, and in-country transfers of
certain items that provide a critical
capability to the Government of China to
suppress individual privacy, freedom, and
other basic human rights.
Sec. 309. Report on use and applicability of sanctions to Chinese
officials complicit in human rights
violations.
Sec. 310. Reciprocity for media organizations.
Sec. 311. Report on corrupt activities of senior officials of
Government of China.
Sec. 312. Review to increase awareness of influence operations of the
Government of China in the United States
and strengthening trust of law enforcement
in communities.
Sec. 313. Confronting anti-Asian racism in the United States.
TITLE IV--INVESTING IN OUR ECONOMIC STATECRAFT
Sec. 401. Appropriate congressional committees defined.
Sec. 402. Authorization of additional appropriations.
Subtitle A--Trade Enforcement
Sec. 411. Authority to review inbound and outbound investment.
Sec. 412. Establishment of Special Investigations Unit in Office of the
United States Trade Representative.
Sec. 413. Establishment of Inspector General of the Office of the
United States Trade Representative.
Sec. 414. Audit of process for seeking exclusions from certain duties.
Sec. 415. Identification of and accountability with respect to
government-coerced censorship.
Sec. 416. Reports on agreements to resolve disputes under section 301
of the Trade Act of 1974.
Sec. 417. Technical and legal support for addressing intellectual
property rights infringement cases.
Sec. 418. Improvement of anti-counterfeiting measures.
Subtitle B--Financial Services
Sec. 431. Findings on transparency and disclosure; sense of Congress.
Sec. 432. Disclosure of private business transactions with foreign
persons.
Sec. 433. Cyber theft disclosure.
Sec. 434. Cybersecurity expertise disclosure.
Sec. 435. Independence from influence of the Government of China.
Sec. 436. Establishment of interagency task force to address Chinese
market manipulation in the United States.
Sec. 437. Holding foreign companies accountable.
Subtitle C--Economic Security
Sec. 441. Imposition of sanctions with respect to theft of trade
secrets of United States persons.
Sec. 442. Countering foreign corrupt practices.
Sec. 443. Debt relief for countries eligible for assistance from the
International Development Association.
Sec. 444. Collection of information from United States entities
concerning requests by the Government of
China.
Sec. 445. Report on manner and extent to which the Government of China
exploits Hong Kong to circumvent United
States laws and protections.
Sec. 446. Monitoring overcapacity of industries in the People's
Republic of China.
Sec. 447. Report on currency issues with respect to the People's
Republic of China.
Sec. 448. Report on exposure of the United States to the financial
system of the People's Republic of China.
Sec. 449. Report on the extent to which United States entities across
industrial sectors source from the People's
Republic of China and use Chinese-operated
global distribution networks.
Sec. 450. Report on anticompetitive behavior by the Government of
China.
Sec. 451. Report on investment reciprocity between the United States
and the People's Republic of China.
Sec. 452. Statement of policy to encourage the development of a
corporate code of conduct for countering
malign influence in the private sector.
Sec. 453. Analysis of foreign laws, policies, and practices that harm
competition.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States and the People's Republic of China
established diplomatic relations on January 1, 1979, and both
countries can benefit from constructive diplomatic ties and
regular dialogue.
(2) The strategic competition between the United States and
the People's Republic of China will shape the future of the
21st century, and the United States must accordingly
reinvigorate its domestic industries and invest in research and
development, entrepreneurs, domestic manufacturing, and the
skills, education, and success of a diverse and inclusive
workforce, while also ensuring that American soft and hard
power remain unparalleled on the world stage.
(3) United States policy towards the People's Republic of
China is part of a broader approach to the Indo-Pacific and the
world which aspires to work with our allies and partners to
advance shared values and interests by preserving and enhancing
a free, open, democratic inclusive, rules-based, stable, and
diverse region.
(4) The United States does not seek to determine a
particular state for the People's Republic of China or contain
the People's Republic of China's legitimate development or the
legitimate aspirations of the Chinese people; nor do we wish to
disengage from the People's Republic of China or its people.
(5) The Government of China has made and continues to make
decisions that fundamentally challenge United States national
interests, regional peace and stability, and international
security, including on vital strategic, economic, and
diplomatic matters, human rights, and the rule of law.
(6) The malign activities of the Government of China
related to predatory trade practices, economic espionage,
regional aggression, and disrespect for human rights,
democratic norms, and international law inhibits diplomatic,
economic, and security relations with the United States.
(7) United States-China trade and economic relations have
expanded significantly over the past three decades. Yet the
People's Republic of China's commitments on trade issues,
including technology transfers, intellectual property rights,
and subsidies of domestic industries, have fallen short,
requiring a rebalancing of trade and economic ties, the
enforcement of existing rules and agreements, and the pursuit
of future trade agreements that include rigorous verification
and enforcement mechanisms.
(8) In recent years, United States-China military
exchanges, with a goal of achieving greater transparency,
mutual understanding, and confidence, have included high-level
visits and recurrent exchanges between civilian and military
officials. The United States remains committed to military-
military engagement that would help to prevent miscalculation
and miscommunication.
(9) The authoritarianism of the Government of China has
deepened under General Secretary Xi Jinping, including a
decision to remove presidential term limits and new and
repressive policies in Hong Kong, Xinjiang, and Tibet, a new
governance model embracing ``digital authoritarianism,'' and
steps to severely repress and crush China's civil society.
(10) The United States and the People's Republic of China
are both permanent members of the United Nations Security
Council and have opportunities to cooperate where shared
interests align on areas of mutual concern, including
mitigating the effects of climate change, building a strong
global economy, and ensuring regional peace and security.
SEC. 3. DEFINITIONS.
In this Act:
(1) Apprenticeship.--The term ``apprenticeship'' means an
apprenticeship program that is registered by the Office of
Apprenticeship or a State apprenticeship agency under the Act
of August 16, 1937 (commonly known as the ``National
Apprenticeship Act'') (50 State. 664, chapter 663; 29 U.S.C. 50
et seq.), including, as in effect on December 30, 2019, any
requirement, standard, or rule promulgated under that Act.
(2) Critical technology; critical technology areas.--The
terms ``critical technology'' and ``critical technology area''
have the meaning given the term ``critical technology'' in
section 103(a).
SEC. 4. STATEMENT OF POLICY ON INDO-PACIFIC AND CHINA STRATEGY.
It shall be the policy of the United States:
(1) To preserve and enhance a free, open, inclusive,
stable, and diversified Indo-Pacific in which countries pursue
their objectives peacefully and in accordance with
international law and shared norms and principles, including--
(A) the peaceful resolution of disputes;
(B) an open economic order that promotes strong,
sustainable, balanced, and equitable growth through a
level, competitive playing field; and
(C) a diplomatic and political order that promotes
peace and human dignity, based on the rule of law and
respect for human rights.
(2) To strengthen cooperation among our partners in the
region, leveraging their significant and growing capabilities
to build a network of like-minded states that sustains and
strengthens a rules-based regional order and addresses regional
and global challenges.
(3) To recognize and respond to the differences between the
United States and the People's Republic of China and the
geopolitical, strategic, economic, technological, and normative
challenge that the Government of China, under President Xi
Jinping's leadership, poses to the United States and to the
global community, as well as to the opportunities that exist to
engage cooperatively with a China that is peaceful, stable,
prosperous, and a responsible player in international affairs,
with economic policies consistent with a rules-based level
playing field and its international obligations.
SEC. 5. RULES OF CONSTRUCTION.
(a) Restriction on Funding for Apprenticeship Programs.--Funds made
available under this Act to support apprenticeship programs may only be
used to support apprenticeship programs that meet the definition of
apprenticeship under section 3.
(b) Applicability of Existing Restrictions on Assistance to Foreign
Security Forces.--Nothing in this Act shall be construed to diminish,
supplant, supersede, or otherwise restrict or prevent responsibilities
of the United States Government under 620M of the Foreign Assistance
Act (22 U.S.C. 2378d) or section 362 of title 10, United States Code.
TITLE I--INVESTING IN AMERICAN COMPETITIVENESS
Subtitle A--Science and Technology
SEC. 101. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this subtitle, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Select
Committee on Intelligence, the Committee on Commerce, Science,
and Transportation, the Committee on Energy and Natural
Resources, and the Committee on Appropriations of the Senate;
and
(2) the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, the Committee on Energy and
Commerce, the Committee on Science, Space, and Technology, and
the Committee on Appropriations of the House of
Representatives.
SEC. 102. RESTORATION OF FEDERAL FUNDING FOR RESEARCH AND DEVELOPMENT.
(a) In General.--There is authorized to be appropriated for Federal
funding for research and development in science and technology--
(1) for the period of the 4 calendar years beginning after
the date of enactment of this Act, $300,000,000,000, which
shall be in addition to any other Federal funding available for
such purposes; and
(2) for each fiscal year following the end of the period
described in paragraph (1), the amount necessary to provide for
increased total funding (including any other Federal funding
available) for such purposes at a level that is 3 percent more
than the total funding provided for such purposes for the
preceding fiscal year.
(b) Budget Requirements.--
(1) Omb identification.--The Director of the Office of
Management and Budget shall, for each of the fiscal years 2020
through 2026--
(A) determine the amount of funds that should be
made available to each applicable Federal agency,
including all Federal science agencies, in order to
ensure that the Federal Government supports research
and development in science and technology for the
fiscal year in the amount described in subsection (a);
and
(B) inform the head of each applicable Federal
agency of the amount determined under subparagraph (A)
for such agency.
(2) Budgets.--For each of fiscal years 2020 through 2026--
(A) the head of each Federal science agency shall
prepare and submit a budget estimate and request to the
Director of the Office of Management and Budget for
such fiscal year that provides for funding for science
and technology at the level determined under paragraph
(1)(A) for the agency; and
(B) the President shall include, in the budget
submitted under section 1105 of title 31, United States
Code, for the fiscal year, the budget estimate and
request prepared by the head of each Federal science
agency under subparagraph (A) for such fiscal year.
(3) Definition of federal science agency.--In this
subsection, the term ``Federal science agency'' has the meaning
given the term in section 103 of the America COMPETES
Reauthorization Act of 2010 (42 U.S.C. 6623).
SEC. 103. EXCELLENCE IN CRITICAL TECHNOLOGIES PROGRAM.
(a) Definitions.--In this section:
(1) Council.--The term ``Council'' means the National
Science and Technology Council.
(2) Critical technologies.--The term ``critical
technologies'' means the technologies included on the most
recent list under subsection (e), including any additions or
deletions made by the Director in accordance with subsection
(e)(2).
(3) Director.--The term ``Director'' means the Director of
the Office of Science and Technology Policy.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(5) Minority-serving institution.--The term ``minority-
serving institution'' means an eligible institution described
in section 371(a) of the Higher Education Act of 1965 (20
U.S.C. 1067q(a)).
(6) National laboratories.--The term ``National
Laboratories'' has the meaning given that term in section 2 of
the Energy Policy Act of 2005 (42 U.S.C. 15801).
(7) Program.--The term ``Program'' means the Excellence in
Critical Technologies Program established under subsection (b).
(8) Socially and economically disadvantaged individual.--
The term ``socially and economically disadvantaged individual''
means any socially and economically disadvantaged individual
described in the flush text following section 8(d)(3)(C) of the
Small Business Act (15 U.S.C. 637(d)(3)(C)) and in any relevant
subcontracting regulation issued under such section 8(d).
(b) Excellence in Critical Technologies Program Established.--
(1) In general.--The Director, acting through the Council,
shall coordinate interagency activities to develop and advance
critical technologies in the United States.
(2) Designation.--The initiative established under
paragraph (1) shall be known as the ``Excellence in Critical
Technologies Program''.
(c) Activities of Program.--The activities of the Program shall
include the following:
(1) Establish and coordinate interagency initiatives to
advance critical technologies through research and development,
and to encourage and enable the domestic production of such
technologies, that will draw on the private sector,
institutions of higher education (including minority-serving
institutions), National Laboratories, Federal laboratories, and
other relevant entities, as appropriate.
(2) Advise Congress on opportunities for greater investment
in United States entities involved in the domestic development,
deployment, and manufacturing of critical technologies.
(3) Collaborate with labor organizations (including labor
unions), elementary and secondary schools, institutions of
higher education (including minority-serving institutions), and
other educational institutions and training providers on best
practices for--
(A) developing the United States technology
workforce;
(B) creating and protecting domestic jobs; and
(C) increasing participation in the technology
workforce by low-income individuals, women, racial and
ethnic minorities, and other underrepresented
populations.
(4) Establish norms for the proper development of critical
technologies that ensure--
(A) the application of the critical technologies
remains consistent with individual human rights; and
(B) the critical technologies cannot be abused by
authoritarian states.
(d) Agencies.--The program shall be implemented by the following
agencies:
(1) The Department of Commerce, including the National
Institute of Standards and Technology.
(2) The Department of Defense.
(3) The Department of Energy.
(4) The National Aeronautics and Space Administration.
(5) The National Institutes of Health.
(6) The National Institute of Standards and Technology.
(7) The National Science Foundation.
(8) Other relevant agencies designated by the Director.
(e) List of Critical Technologies; Updating Process.--
(1) Initial list.--The initial list of critical
technologies shall consist of the following:
(A) Artificial intelligence and machine learning.
(B) High-performance computing, semiconductors, and
advanced computer hardware.
(C) Quantum computing and information systems.
(D) Robotics, automation, and advanced
manufacturing.
(E) Natural or anthropogenic disaster prevention.
(F) Advanced communications technology.
(G) Biotechnology, genomics, and synthetic biology.
(H) Advanced energy technology.
(I) Cybersecurity, data storage, and data
management technologies.
(J) Metal and material production relevant to other
critical technologies.
(K) Materials science, engineering, and exploration
relevant to other critical technologies.
(2) Adding or deleting critical technologies.--Beginning on
the date that is 4 years after the date of enactment of this
Act, and every 4 years thereafter, the Director--
(A) shall, in consultation with the working group
established under subsection (f), review the list of
critical technologies developed under this subsection;
and
(B) as part of that review, may add or delete
critical technologies if the competitive threats to the
United States have shifted (whether because the United
States or other nations have advanced or fallen behind
in a technology), subject to paragraph (3).
(3) Limit on critical technology categories.--Not more than
10 critical technology categories shall be included on the list
of critical technologies at any time.
(4) Updating list of critical technologies and
distribution.--Upon the completion of each review under
paragraph (2), the Director shall make the list of critical
technologies readily available to the public, including by
publishing the list in the Federal Register, even if no changes
have been made to the prior list.
(f) Private Sector Working Group.--
(1) Establishment.--Not later than 120 days after the date
of enactment of this Act, the Director shall establish a
private sector working group to advise the Federal Government
in the development of a strategy to achieve the activities
listed in subsection (c).
(2) Membership.--
(A) Composition.--The working group established
under paragraph (1) shall be composed of members
selected by the Director from among the following:
(i) Leading technical experts on critical
technologies.
(ii) Business leaders, including from
startups, small businesses, and businesses
owned by socially and economically
disadvantaged individuals, formerly
incarcerated individuals, women, veterans, and
other underrepresented populations.
(iii) Representatives of labor
organizations (including labor unions).
(iv) Representatives of elementary,
secondary, and higher education, and of
workforce development, including organizations
that specialize in workforce diversity and
inclusion.
(v) Experts on human rights.
(vi) Experts on cybersecurity.
(vii) Experts on safety and health.
(B) Leadership.--The Director shall designate one
individual named under subparagraph (A) to be the chair
of the working group established under paragraph (1).
(C) Advice.--Before making appointments under this
subsection, the Director shall consult with the
National Academy of Sciences and other relevant groups.
(3) Convene.--Not later than 120 days after the date of
enactment of this Act, the working group established under
paragraph (1) shall convene for the first time.
(4) Meetings.--After its first meeting, the working group
established under paragraph (1) shall convene once every 3
months or when called upon by the Director.
(5) Conflict of interest.--The Director shall establish
procedures, in accordance with Federal law, to deal with
conflicts of interest.
(g) Reporting Requirement.--Each year, at the time of the
President's annual budget submission to Congress, the Director shall
submit a report that describes--
(1) the activities and funding levels of the Program, by
agency, in the prior and current fiscal years, and plans for
activities in the upcoming fiscal year;
(2) the overall strategy to advance critical technologies
through the Program and to encourage and enable the domestic
production of the critical technologies;
(3) the achievements of the Program in the prior fiscal
year and any elements of the Program that need to be
strengthened; and
(4) how agency activities are being coordinated to maximize
the effectiveness of Federal efforts.
(h) Endless Frontier.--
(1) Sense of congress.--It is the sense of Congress that--
(A) the Director of the National Science Foundation
should establish a Technology Directorate, consistent
with the bill entitled ``A bill to establish a new
Directorate for Technology in the redesignated National
Science and Technology Foundation, to establish a
regional technology hub program, to require a strategy
and report on economic security, science, research, and
innovation, and for other purposes'' (S. 3832, 116th
Congress, introduced on May 21, 2020) (referred to in
this subsection as the ``Endless Frontier Act''), to
advance research and innovation in critical
technologies;
(B) the Secretary of Commerce should establish
regional technology hubs, consistent with the Endless
Frontier Act, to promote regional economic development
related to critical technologies; and
(C) the Director of the National Science Foundation
requires an additional $100,000,000,000 over a period
of 5 years, and the Secretary of Commerce requires an
additional $10,000,000,000 over a period of 5 years, to
carry out subparagraphs (A) and (B).
(2) Implementation.--
(A) In general.--The Director shall carry out this
section in a manner consistent with the agency roles in
the Endless Frontier Act.
(B) Transition after enactment.--Beginning upon the
date of enactment of the Endless Frontier Act, the role
of the working group under subsection (f) shall be
carried out by the Board of Advisors established under
the Endless Frontier Act.
(i) Consultation.--In carrying out this section, the Director shall
consult with the National Economic Council, the National Security
Council, and other relevant White House entities.
SEC. 104. LIST OF ACQUISITION PROGRAMS, TECHNOLOGIES, MANUFACTURING
CAPABILITIES, AND RESEARCH AREAS CRITICAL TO NATIONAL AND
ECONOMIC SECURITY.
(a) List Required.--
(1) In general.--The Director of the Office of Science and
Technology Policy (referred to in this section as the
``Director''), in coordination with the National Security
Council, the National Economic Council, and the relevant
agencies described in paragraph (2), shall establish and
maintain a list of acquisition programs, technologies,
manufacturing capabilities, and research areas that are
critical for maintaining the national and economic security
technological advantage of the United States over foreign
countries of special concern.
(2) Relevant agencies.--The agencies described in this
paragraph are--
(A) the Department of Commerce, including the
National Institute of Standards and Technology and the
Bureau of Industry and Security;
(B) the Department of Defense;
(C) the Department of Energy;
(D) the National Aeronautics and Space
Administration;
(E) the National Institutes of Health;
(F) the National Science Foundation; and
(G) other relevant agencies designated by the
Director.
(b) Use of List.--The Director may use the list established and
maintained under subsection (a)(1) for the following purposes:
(1) To guide the recommendations of the Federal Government
in any interagency determinations conducted pursuant to Federal
law relating to technology protection, including relating to
export licensing, deemed exports, technology transfer, and
foreign direct investment.
(2) To inform Federal Government interagency processes on
promotion and protection activities involving acquisition
programs and technologies that are necessary to achieve and
maintain the national and economic security technology
advantage of the United States, including those that are
supportive of military requirements and strategies.
(3) To inform the Federal Government's activities to
integrate acquisition, intelligence, counterintelligence and
security, and law enforcement to inform requirements,
acquisition, programmatic, and strategic courses of action for
technology protection.
(4) To identify vulnerabilities in supply chains in
critical technologies and foundational manufacturing
capabilities that are key to domestic manufacturing
competitiveness and resiliency, including forming, casting,
machining, joining, surface treatment, and tooling.
(5) To inform development of research investment strategies
and activities and development of innovation centers and the
critical technology industrial base through the employment of
financial assistance from the Federal Government through
appropriate statutory authorities and programs.
(6) To identify opportunities for alliances and
partnerships in key research and development areas to achieve
and maintain a national and economic security technology
advantage.
(7) To identify opportunities for the Federal Government's
acquisition programs to prompt the development, deployment, and
domestic manufacturing of technologies, including creating
market demand for new technologies and key manufacturing
processes.
(8) For such other purposes as the Director considers
appropriate.
(c) Updates.--Not less frequently than once each year, the Director
shall update the list established and maintained under subsection
(a)(1).
(d) Publication.--
(1) Initial publication.--Not later than 180 days after the
date of enactment of this Act, the Director shall publish the
list established and maintained under subsection (a)(1).
(2) Updates.--Not later than one year after publishing the
list under paragraph (1) and not less frequently than once each
year thereafter, the Director shall publish the list more
recently updated under subsection (c).
(3) Justifications.--Each publication under this subsection
shall include a justification for the inclusion of items on the
list, including specific performance and technical figures of
merit.
(e) Excellence in Critical Technologies Program.--The Director
shall implement this section in conjunction with the Excellence in
Critical Technologies Program established by section 103.
SEC. 105. DEPARTMENT OF STATE OFFICE OF INTERNATIONAL STRATEGIC
SCIENTIFIC INNOVATION.
(a) In General.--There shall be established in the Office of the
Secretary of State, the Office of International Strategic Scientific
Innovation (referred to in this section as the ``Office''). The head of
the Office shall be appointed by the President, with the advice and
consent of the Senate, shall be referred to as the Ambassador at Large
for International Strategic Scientific Innovation, and shall report
directly to the Secretary of State.
(b) Duties.--The Office shall--
(1) develop and communicate United States positions
regarding scientific innovation policies and the exchange of
scientific information;
(2) coordinate with allies and partner governments to
ensure that the United States works cooperatively with nations
in the Group of Seven and the Organization for Economic Co-
operation and Development to leverage our combined technical
expertise to lead in scientific innovation in the 21st century;
(3) encourage partner countries--
(A) to increase their national research and
development budgets;
(B) to target specific critical technology sectors
for such increased budgets; and
(C) to provide research and development tax
incentives for technology firms to form international
collaborative partnerships;
(4) coordinate efforts among relevant Federal agencies to
build and enhance partnerships with countries to develop
digital infrastructure;
(5) lead the efforts of the Department of State, including
through the Under Secretary for Management, to increase
opportunities to bring specialists in innovation and critical
technologies into the Department of State, including for
fellowships and any other program identified by the Office;
(6) engage with allies and partners with respect to best
practices for investing in entities that promote a free,
stable, open, and secure digital domain;
(7) foster increased engagement between United States
private sector entities working on critical technologies with
private entities or academic institutions located in like-
minded nations; and
(8) coordinate with the United States International
Development Finance Corporation, the United States Agency for
International Development, the Export-Import Bank of the United
States, and other Federal departments and agencies to encourage
American startups in artificial intelligence and data science,
genomics and synthetic biology, quantum information systems,
clean energy, and other frontier technologies to invest in,
export to, and form research and development partnerships with
reputable firms in critical technology ecosystems.
(c) Qualifications.--The Ambassador at Large for International
Strategic Scientific Innovation shall have demonstrated expertise in--
(1) critical technologies;
(2) scientific innovation and development policy;
(3) international relations and diplomacy; and
(4) the intersection of innovation and workforce and skills
development.
(d) Coordination Reporting Requirement.--Not later than 90 days
after the date of enactment of this Act, the Ambassador at Large for
International Strategic Scientific Innovation shall submit a strategy
to the Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representative for creating
mechanisms whereby the United States and like-minded countries can
coordinate--
(1) to ensure an open flow of ideas related to innovation
and technology; and
(2) to protect the benefits of promoting innovation.
SEC. 106. REPORT ON DEVELOPMENT AND UTILIZATION OF DUAL-USE
TECHNOLOGIES BY THE GOVERNMENT OF CHINA.
Not later than 90 days after the date of enactment of this Act, the
Secretary of State, in coordination with the Secretary of Defense,
Secretary of Commerce, Secretary of Energy, and Secretary of the
Treasury, shall submit a report to the appropriate congressional
committees that--
(1) assesses the Government of China's development and
utilization of dual-use technologies (including robotics,
artificial intelligence and autonomous systems, facial
recognition systems, quantum computing, cryptography, space
systems and satellites, 5G telecommunications, and other
digitally enabled technologies and services) and the effects of
such technologies on the United States and allied national
security interests;
(2) assesses the Government of China's use of global supply
chains and other international mechanisms to access foreign
technology sources to aid in the development of its domestic
dual-use technologies, including--
(A) the use of United States-sourced software and
hardware in Chinese manufactured technologies;
(B) the use of European-sourced software and
hardware in Chinese manufactured technologies; and
(C) the use of the Belt and Road Initiative to
secure resources, knowledge, and other components
needed to develop critical dual-use technologies;
(3) assesses the Government of China's industrial policy
and monetary investments, including their effect on the
development of Chinese-made dual use technologies;
(4) assesses the Government of China's cyberespionage and
the extent to which such actions have aided in China's
development of dual-use technologies;
(5) describes the policies the United States Government is
adopting to protect the interests of the United States with
respect to dual-use technologies; and
(6) recommends additional actions the United States
Government should take to enhance the protection of the
interests described in this section.
SEC. 107. REPORT ON ANTICOMPETITIVE BEHAVIOR BY THE GOVERNMENT OF
CHINA.
(a) In General.--Not later than one year after the date of
enactment of this Act, and annually thereafter, the Secretary of
Commerce, in consultation with the United States Trade Representative,
shall submit to the Committee on Finance and the Committee on Foreign
Relations of the Senate and the Committee on Ways and Means and the
Committee on Foreign Affairs of the House of Representatives a report
on anticompetitive behavior by the Government of China, including the
Government of China's use of the Anti-Monopoly law and subsequent
treatment of United States companies in the People's Republic of China
with respect to politically motivated investigations, forced transfer
of intellectual property or proprietary information, illegal market
capture, intimidation, bribery and extortion, due process, and
transparency.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) An analysis of anticompetitive behavior perpetrated by
the Government of China and its state-owned enterprises in
specific industries, including--
(A) pharmaceuticals;
(B) financial services;
(C) telecommunications;
(D) infrastructure;
(E) advance manufacturing;
(F) transportation; and
(G) critical technologies.
(2) An assessment of the extent to which and how
significant bribery, corruption, and extortion play into their
anticompetitive behavior.
(3) A description of the effects of the Government of
China's anticompetitive behavior on United States-owned
businesses in the People's Republic of China.
(4) A description of the effects of the Government of
China's anticompetitive behavior on United States domestic
industries and jobs.
SEC. 108. STATEMENT OF POLICY ON COOPERATION IN PEACEFUL EXPLORATION OF
SPACE AND STRATEGY TO DEVELOP COLLABORATIVE, TRANSPARENT
CONDUCT IN SPACE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States should seek areas of cooperation in
the peaceful exploration of space;
(2) the testing and use of anti-satellite technologies by
the Government of China or any other country--
(A) threatens the peaceful use of space;
(B) creates dangerous space debris that impedes the
space efforts of all countries; and
(C) contributes to a climate of suspicion and
instability with respect to space exploration, rather
than a climate of cooperation; and
(3) it is in the interests of all countries to establish
and adhere to norms and treaties enshrining principles of free,
peaceful, and collaborative conduct in space.
(b) Statement of Policy.--It is the policy of the United States to
seek cooperation in the peaceful exploration of space with any country,
including the People's Republic of China, so long as such cooperation
does not--
(1) impinge on critical domestic technologies;
(2) pose a risk to the security of the United States;
(3) further debris-producing anti-satellite weapons
testing; and
(4) threaten human rights protections.
(c) Strategy and Assessment.--Not later than 180 days after the
date of enactment of this Act, the President, acting through the
National Space Council, shall submit to Congress--
(1) a strategy for pursuing bilateral and multilateral
efforts to develop norms, treaties, and agreements governing
responsible, collaborative, and transparent conduct in space,
including--
(A) remote proximity operations between satellites
or crewed vehicles;
(B) reinforcing and building upon existing
agreements limiting the stationing of weapons in outer
space or on a celestial body;
(C) greater interoperability between space systems,
as appropriate, including in furtherance of the United
Nations ``Agreement on the Rescue of Astronauts, the
Return of Astronauts and the Return of Objects Launched
into Outer Space'', entered into force on December 3,
1968;
(D) the protection of heritage or historical sites
and artifacts;
(E) the registration and mitigation of space debris
and development of responsible procedures for disposal
of satellites and other objects;
(F) clarifying and enhancing responsibility for
oversight and governance of commercial or private space
activities;
(G) the promotion of transparency between countries
with respect to space operations and intentions;
(H) the sharing of scientific data and research;
and
(I) reinforcing and expanding adoption of current
international treaties and agreements governing conduct
in space;
(2) a strategy for maintaining and enhancing efforts to
return humans to the Moon and successfully carry out a crewed
mission to Mars; and
(3) an assessment of the sufficiency of current law and
government structures to oversee space activities and foster
continuing growth of space industry, including recommendations
to achieve the same and a description of any provision of law
that unnecessarily impedes appropriate collaboration with
foreign countries on space programs.
Subtitle B--Global Infrastructure Development
SEC. 111. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this subtitle, the term ``appropriate congressional
committees'' means--
(1) the Committee on Foreign Relations, the Select
Committee on Intelligence, the Committee on Banking, Housing,
and Urban Affairs, the Committee on Finance, the Committee on
Energy and Natural Resources, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, the Committee on Financial Services,
the Committee on Ways and Means, and the Committee on
Appropriations of the House of Representatives.
SEC. 112. NEGOTIATIONS TO ESTABLISH INTERNATIONAL QUALITY
INFRASTRUCTURE INVESTMENT STANDARDS.
(a) In General.--The President, acting through the Secretary of
State and in coordination with the heads of other relevant Federal
agencies, shall build upon efforts of the G20 and initiate a multi-
stakeholder initiative that brings together governments, the private
sector, and civil society to encourage the adoption of trusted
standards for quality global infrastructure development in an open and
inclusive framework, including with respect to the following issues:
(1) Respect for the sovereignty of countries in which
infrastructure investments are made.
(2) Anti-corruption.
(3) Rule of law.
(4) Human rights and labor rights.
(5) Fiscal and debt sustainability.
(6) Social and governance safeguards.
(7) Transparency.
(8) Environmental and energy standards, including support
for high-quality carbon-neutral energy infrastructure promoting
new and renewable technologies, including wind and solar and
commitments to reduce particulate pollution and greenhouse gas
emissions.
(b) Sense of Congress.--It is the sense of Congress that the United
States should immediately launch a series of fora around the world
showcasing the commitment of the United States and partners of the
United States to high-quality development cooperation, including with
respect to the issues as described in subsection (a).
(c) Report on Progress of Negotiations.--Not later than one year
after the date of the enactment of this Act, the President shall submit
to the Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives a briefing on the
progress of any negotiations conducted under subsection (a).
SEC. 113. GLOBAL ASSESSMENT OF INFRASTRUCTURE.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development, the Secretary of Commerce, the Board of Directors of the
United States International Development Finance Corporation, and, as
appropriate, the Director of National Intelligence, shall submit to the
appropriate congressional committees a report that--
(1) assesses infrastructure around the world;
(2) describes interests of the United States relating to
infrastructure, disaggregated by regional and functional
priorities; and
(3) identifies--
(A) pending or future projects that would be
considered vital to those interests; and
(B) pending or future projects that pose little or
no threat to those interests.
(b) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified annex.
(c) Use of Information by United States International Development
Finance Corporation.--The Board of Directors of the United States
International Development Finance Corporation shall use the assessment
conducted under subsection (a) to inform decisions relating to the
appropriate allocation of funds available to the Corporation,
consistent with the authorities of the Corporation under the Better
Utilization of Investments Leading to Development Act of 2018 (22
U.S.C. 9601 et seq.).
SEC. 114. INFRASTRUCTURE TRANSACTION AND ASSISTANCE NETWORK.
The Secretary of State shall establish a program, to be known as
the ``Infrastructure Transaction and Assistance Network'', under which
the Secretary, in coordination with the Global Infrastructure
Coordinating Committee, shall advance the development of quality
infrastructure, as described in section 113, around the world by--
(1) strengthening capacity-building programs to improve
project evaluation processes, regulatory and procurement
environments, and project preparation capacity of countries
that are partners of the United States in such development;
(2) providing transaction advisory services to support
sustainable infrastructure; and
(3) coordinating the provision of United States assistance
for the development of infrastructure and catalyzing investment
led by the private sector.
SEC. 115. PROVISION OF ASSISTANCE BY COMMITTEE ON FOREIGN INVESTMENT IN
THE UNITED STATES TO ALLIES AND PARTNERS WITH RESPECT TO
REVIEWING FOREIGN INVESTMENT.
Section 721(c)(3) of the Defense Production Act of 1950 (50 U.S.C.
4565(c)(3)) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) In general.--The chairperson, in the
discretion of the chairperson and in consultation with
other members of the Committee, shall, to protect the
national security of the United States and countries
that are allies or partners of the United States,
establish a formal process for--
``(i) the exchange of information under
paragraph (2)(C) with the governments of such
countries; and
``(ii) the provision of assistance to those
countries with respect to--
``(I) reviewing foreign investment
transactions in such countries;
``(II) determining the beneficial
ownership of parties to such
transactions; and
``(III) identifying trends in
investment and technology that could
pose risks to the national security of
the United States and such
countries.''; and
(2) in subparagraph (B)--
(A) in clause (ii), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating clause (iii) as clause (iv);
and
(C) by inserting after clause (ii) the following:
``(iii) provide for the provision of
assistance to support such countries to review
foreign investment transactions in such
countries and determine the beneficial
ownership of the parties to such transactions;
and''.
SEC. 116. STRATEGY FOR ADVANCED AND RELIABLE ENERGY INFRASTRUCTURE.
(a) Strategy for Developing Countries.--The President shall direct
a whole-of-government effort, through the National Security Council, to
establish a comprehensive, integrated, multiyear strategy, in
consultation with the United States private sector--
(1) to strengthen energy security;
(2) to increase clean energy and trade;
(3) to reduce greenhouse gas emissions and congestion from
transportation sectors; and
(4) to expand energy access in developing countries that
are critical to United States interests around the world.
(b) Strategy To Increase United States Clean Energy Exports.--Not
later than 180 days after the date of the enactment of this Act, and
annually thereafter for the next 5 years, the Secretary of State, in
consultation with the Secretary of Energy, shall establish a United
States Government strategy to increase United States exports of clean
energy technology to assist foreign countries in--
(1) strengthening their energy security;
(2) creating open, efficient, rule-based, and transparent
energy markets;
(3) improving free, fair, and reciprocal energy trading
relationships; and
(4) expanding access to affordable, reliable, clean energy
and low carbon transportation.
(c) Advanced and Reliable Energy Partnerships.--It is the sense of
Congress that--
(1) the United States should establish bilateral,
multilateral, and regional initiatives to increase energy
security in Latin America, Africa, the Middle East, North
Africa, and the Indo-Pacific region;
(2) the United States should explore opportunities to
partner with the private sector and multilateral institutions,
such as the World Bank, to promote universal access to reliable
clean energy and less carbon intensive transportation in
developing countries;
(3) the United States should establish a partnership
between the Department of Energy national laboratories and the
governments of appropriate countries to provide technical
assistance with respect to electrical grid development and the
development and deployment of new and advanced clean energy
technologies including low- and zero-emission vehicles; and
(4) the United States should seek to encourage and support
the export of United States-based efforts for the development
and deployment of new and advanced clean energy technology,
including low- and zero-emissions vehicles, as a central
element of the development strategy of the United States.
SEC. 117. ENSURING GREATER TRANSPARENCY OF FINANCING PROVIDED BY THE
PEOPLE'S REPUBLIC OF CHINA.
(a) United States Policy at International Financial Institutions.--
The Secretary of the Treasury shall instruct the United States
Executive Director of each international financial institution (as
defined in section 1701(c)(2) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(2)) that it is the policy of the
United States to use the voice and vote of the United States at that
institution to seek to secure greater transparency with respect to the
terms and conditions of financing provided by the Government of China
to any country that is a member of the institution and receives
financing from the institution, consistent with the rules and
principles of the Paris Club.
(b) Report Required.--The Chairman of the National Advisory Council
on International Monetary and Financial Policies shall include in the
annual report required by section 1701 of the International Financial
Institutions Act (22 U.S.C. 262r)--
(1) a description of progress made toward advancing the
policy described in subsection (a); and
(2) a discussion of financing provided by entities owned or
controlled by the Government of China to countries described in
subsection (a), including any efforts or recommendations by the
Chairman to seek greater transparency with respect to such
financing.
(c) Termination.--The requirements of subsections (a) and (b) shall
terminate on the earlier of--
(1) the date that is 7 years after the date of the
enactment of this Act; or
(2) the date that is 30 days after the date on which the
Secretary submits to the Committee on Financial Services of the
House of Representatives and the Committee on Foreign Relations
of the Senate a report stating that the Government of China is
in substantial compliance with the rules and principles of the
Paris Club.
SEC. 118. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary--
(1) to carry out the activities required under this
subtitle; and
(2) to co-finance infrastructure projects that could
otherwise be included in the Belt and Road Initiative of the
Government of China, if--
(A) the United States can leverage existing and
future projects that have entered into contracts with
the Belt and Road Initiative to further promote
transparency and debt sustainability; and
(B) the projects promote the public good.
(b) Leveraging of Private Sector Financing.--The United States
shall work with countries that are allies and partners of the United
States to leverage financing from the private sector for projects
described in subsection (a)(2).
Subtitle C--Digital
SEC. 121. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this subtitle, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Select
Committee on Intelligence, the Committee on Banking, Housing,
and Urban Affairs, the Committee on Finance, and the Committee
on Appropriations of the Senate; and
(2) the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, the Committee on Financial Services,
the Committee on Ways and Means, and the Committee on
Appropriations of the House of Representatives.
SEC. 122. SENSE OF CONGRESS ON DIGITAL TECHNOLOGY ISSUES.
(a) Statement of Policy on Leadership in International Standards
Setting.--It is the sense of Congress that the United States must
reassert its leadership in the international standard-setting bodies
that set the governance norms and rules for critical and digitally
enabled technologies in order to ensure that these technologies operate
within a free, secure, interoperable, and stable digital domain.
(b) Negotiations for Digital Trade Agreement.--It is the sense of
Congress that the United States Trade Representative should negotiate
bilateral and multilateral agreements relating to digital goods with
the European Union, Japan, Taiwan, and the member countries of the Five
Eyes intelligence-sharing alliance.
(c) Freedom of Information in the Digital Age.--It is the sense of
Congress that the United States should lead a global effort to ensure
that freedom of information, including the ability to safely consume or
publish information without fear of undue reprisals, is maintained as
the digital domain becomes an increasingly integral mechanism for
communication.
(d) Efforts To Ensure Technological Development Does Not Threaten
Democratic Governance or Human Rights.--It is the sense of Congress
that the United States should convene a global effort to develop and
adopt a set of common principles and standards for critical
technologies to ensure that the development of new technologies cannot
be abused by malign actors, whether they are governments or other
entities, and does not threaten democratic governance or human rights.
(e) Formation of Technology Trade Alliance.--It is the sense of
Congress that the United States should examine opportunities for
diplomatic negotiations regarding the formation of mutually beneficial
alliances relating to digitally enabled technologies and services.
SEC. 123. SENSE OF CONGRESS ON COUNTERING THE GOVERNMENT OF CHINA'S
EFFORTS TO EXPORT ITS SYSTEM OF DIGITAL AUTHORITARIANISM
AND OTHER FORMS OF MALIGN INFLUENCE.
It is the sense of Congress that the United States, along with
allies and partners, should lead an international effort that utilizes
all of the economic and diplomatic tools at its disposal to combat the
expanding use of information and communications technology products and
services to surveil, repress, and manipulate populations (also known as
``digital authoritarianism'').
SEC. 124. 5G POLICY COORDINATOR.
(a) Establishment.--There is established within the Executive
Office of the President the position of 5G Policy Coordinator.
(b) Purpose.--The 5G Policy Coordinator shall oversee the
coordination of United States Government efforts to ensure the
development of a safe, secure, open, stable, and interoperable 5G
environment globally.
(c) Qualifications.--An individual appointed as 5G Policy
Coordinator shall have demonstrated competency in the following fields:
(1) Telecommunications and other relevant technological
fields.
(2) Cybersecurity.
(3) International diplomacy.
(d) Duties.--The duties of the 5G Policy Coordinator shall include
developing and leading, in coordination with the Secretary of State and
the Secretary of Commerce, a strategy for engagement with like-minded
allies and partners on--
(1) securing a 5G environment that is free, stable, open,
secure, and interoperable;
(2) opportunities for mutually beneficial engagement on 5G
issues;
(3) efforts at countering the spread of the use of
information and communications technology products and services
to surveil, repress, and manipulate populations (also known as
``digital authoritarianism''); and
(4) promoting governance norms within international
standard-setting bodies that align with values of the United
States and like-minded allies and partners for a free and open
internet.
(e) Placement and Reporting.--The 5G Policy Coordinator shall
report directly to the National Security Advisor to the President of
the United States.
(f) Rule of Construction.--Nothing in this section shall be
construed to affect the authority or jurisdiction of the Federal
Communications Commission or confer upon the President, the 5G Policy
Coordinator, or any other executive branch agency the power to direct
the actions of the Commission, whether directly or indirectly.
SEC. 125. DIGITAL CONNECTIVITY AND CYBERSECURITY PARTNERSHIP.
(a) Digital Connectivity and Cybersecurity Partnership.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary of State shall, in coordination with the Secretary of the
Treasury, the Secretary of Commerce, and the Secretary of Energy,
submit to Congress a whole-of-government strategy (to be known as the
``Digital Connectivity and Cybersecurity Partnership'') and
implementation plan to leverage United States expertise to help
governments of foreign countries--
(1) develop and secure digital infrastructure in those
countries;
(2) protect technological assets, including data; and
(3) advance cybersecurity and interoperability to protect
against cybercrime and cyberespionage.
(b) Challenges.--The strategy required by subsection (a) shall
address--
(1) developing interoperable frameworks that allow for the
free flow of data and information, without unnecessarily
restrictive requirements for data localization and cross-border
data flow, and that respect individual liberties, privacy, and
human rights;
(2) ensuring that the products and services necessary for
the functioning of the digital economy are not subject to the
control of an authoritarian government;
(3) establishing standards to ensure equipment and software
companies have transparent corporate ownership and are financed
transparently for the purposes of procurement, investment, and
contracting;
(4) improving cybersecurity capabilities to mitigate
vulnerabilities in a more complex and dynamic threat
environment; and
(5) developing best practices for financing and deploying
telecommunications networks to ensure long-term solvency of
market players.
(c) Consultation.--In developing the strategy required by
subsection (a), the Secretary of State shall consult with--
(1) leaders of the United States industry;
(2) other relevant technology experts;
(3) representatives from relevant United States Government
agencies; and
(4) representatives from like-minded allies and partners.
(d) Digital Connectivity and Cybersecurity Partnership Fund.--
(1) Program for fund required.--The Secretary of State
shall carry out a program, to be known as the ``Digital
Connectivity and Cybersecurity Partnership Fund'', under which
the Secretary awards grants to entities to carry out digital
infrastructure projects in foreign countries designed to
achieve the goals described in subsection (a).
(2) Selection of grantees.--The Secretary shall award
grants under the program required by this subsection to the
entities that submit proposals to the Secretary for digital
infrastructure projects that the Secretary determines--
(A) meet the requirements established pursuant to
paragraph (3)(D); and
(B) will have the greatest impact in meeting such
requirements for the least cost.
(3) Program administration.--In carrying out the program
required by this subsection, the Secretary shall develop--
(A) the policy goals of projects for which grants
will be awarded under the program;
(B) procedures for selecting such projects and
distributing such grants;
(C) a method of maximizing the number of entities
competing for such grants; and
(D) requirements for proposals for such projects,
including--
(i) minimum technical and financial
requirements; and
(ii) regulatory requirements.
(e) Semiannual Briefing Requirement.--Not later than 180 days after
the date of the enactment of this Act, and every 180 days thereafter,
the Secretary of State shall provide to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives a briefing on the implementation of the
strategy required by subsection (a).
(f) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 126. MULTILATERAL TELECOMMUNICATIONS SECURITY FUND.
(a) Establishment of Fund.--
(1) In general.--There is established in the Treasury of
the United States a trust fund to be known as the
``Multilateral Telecommunications Security Fund''.
(2) Use of fund.--Amounts deposited in the Multilateral
Telecommunications Security Fund shall be available to the
Secretary of State to make expenditures under this subsection
in such amounts as the Secretary determines appropriate.
(3) Availability.--
(A) In general.--Amounts deposited in the
Multilateral Telecommunications Security Fund--
(i) shall remain available through the end
of the tenth fiscal year beginning after the
date of the enactment of this Act; and
(ii) may only be allocated upon the
Secretary of State reaching an agreement with
foreign government partners to participate in
the common funding mechanism described in
subsection (b).
(B) Remainder to treasury.--Any amounts remaining
in the Multilateral Telecommunications Security Fund
after the end of the tenth fiscal year beginning after
the date of enactment of this Act shall be deposited in
the general fund of the Treasury.
(b) Administration of Fund.--The Secretary of State, in
consultation with the National Telecommunications and Information
Administration Administrator, the Secretary of Homeland Security, the
Secretary of the Treasury, and the Director of National Intelligence,
shall establish a common funding mechanism, in coordination with
foreign partners, that uses amounts from the Multilateral
Telecommunications Security Fund to support the development and
adoption of secure and trusted telecommunications technologies.
(c) Annual Report to Congress.--Not later than one year after the
date of the enactment of this Act, and annually thereafter for each
fiscal year during which amounts in the Multilateral Telecommunications
Security Fund are available, the Secretary of State shall submit to the
appropriate congressional committees a report on the status and
progress of the funding mechanism established under subsection (b),
including--
(1) any funding commitments from foreign partners,
including each specific amount committed;
(2) governing criteria for use of the Multilateral
Telecommunications Security Fund;
(3) an account of--
(A) how funds have been deployed, including to whom
they have been provided;
(B) amounts remaining in the Multilateral
Telecommunications Security Fund; and
(C) the progress of the Secretary in meeting the
objective described in subsection (b); and
(4) additional authorities needed to enhance the
effectiveness of the Multilateral Telecommunications Security
Fund in achieving the security goals of the United States.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000,000 for the period of
fiscal years 2021 through 2026.
SEC. 127. REPORT ON THREATS TO THE UNITED STATES SEMICONDUCTOR
INDUSTRY.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Commerce shall submit to the appropriate congressional
committees a report regarding--
(1) the strengths and vulnerabilities of the semiconductor
industry in the United States; and
(2) the threat that the proposed ``Made in China 2025''
initiative of the Government of China poses to the global
market share of the United States with respect to the industry
described in paragraph (1).
Subtitle D--Manufacturing, Research, and Development Competitiveness
SEC. 130. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation, the Committee on Armed Services, the
Committee on Health, Education, Labor, and Pensions,
the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on
Energy and Natural Resources, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Energy and Commerce, the
Committee on Transportation and Infrastructure, the
Committee on Armed Services, the Committee on Science,
Space, and Technology, the Committee on Foreign
Affairs, the Committee on Financial Services, and the
Committee on Appropriations of the House of
Representatives.
(2) Socially and economically disadvantaged individual.--
The term ``socially and economically disadvantaged individual''
means any socially and economically disadvantaged individual
described in the flush text following section 8(d)(3)(C) of the
Small Business Act (15 U.S.C. 637(d)(3)(C)) and in any relevant
subcontracting regulation issued under such section 8(d).
PART I--MANUFACTURING, RESEARCH, AND TECHNOLOGY DEVELOPMENT
SEC. 131. MANUFACTURING USA PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) The Manufacturing USA Program is central to maintaining
the global leadership of the United States in critical
technologies.
(2) When the Manufacturing USA Program was launched, it was
envisioned that the program would build a national network of
45 institutes.
(3) As of the date of the enactment of this Act, 15
Manufacturing USA institutes have been established with support
of the Federal Government to advance new technologies and
processes to strengthen the manufacturing competitiveness of
the United States.
(4) The success of the Manufacturing USA Program is
underscored by the Government of China copying the technology
foci of the first 14 Manufacturing USA institutes in the
creation of their own manufacturing innovation centers as part
of their Made in China 2025 effort to become a world leader in
advanced manufacturing and critical technology areas.
(5) The Government of China is doubling down in its effort
to build a network of manufacturing innovation centers, with
plans to establish 40 such centers by 2025 to leapfrog the
efforts of the United States to maintain global leadership in
critical technologies.
(6) The Manufacturing USA Program has broad bipartisan
support, having recently been reauthorized by section 1741 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92) and expanded by such section to allow for
the renewal of existing Manufacturing USA institutes to
establish longer term Federal commitment based on the
performance of each Manufacturing USA institute.
(7) Fulfilling the original goal of establishing 45
Manufacturing USA institutes by 2025 is critical to preventing
Chinese dominance in critical technologies and ensuring the
security and global leadership in advanced manufacturing of the
United States.
(b) Definitions.--In this section:
(1) Alliance manufacturing usa institute.--The term
``alliance Manufacturing USA institute'' means a Manufacturing
USA institute described in paragraph (3) of section 34(d) of
the National Institute of Standards and Technology Act (15
U.S.C. 278s(d)).
(2) Manufacturing usa institute.--The term ``Manufacturing
USA institute'' means an institute described in section 34(d)
of the National Institute of Standards and Technology Act (15
U.S.C. 278s(d)).
(3) Manufacturing usa network.--The term ``Manufacturing
USA Network'' means the network established under section 34(c)
of the National Institute of Standards and Technology Act (15
U.S.C. 278s(c)).
(4) Manufacturing usa program.--The term ``Manufacturing
USA Program'' means the program established under section
34(b)(1) of the National Institute of Standards and Technology
Act (15 U.S.C. 278s(b)(1)).
(5) Minority-serving institution.--The term ``minority-
serving institution'' means an eligible institution described
in section 371(a) of the Higher Education Act of 1965 (20
U.S.C. 1067q(a)).
(6) National program office.--The term ``National Program
Office'' means the National Program Office established under
section 34(h)(1) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(h)(1)).
(7) Traditional manufacturing usa institute.--The term
``traditional Manufacturing USA institute'' means a
Manufacturing USA institute that is not an alliance
Manufacturing USA institute.
(c) Authorization of Appropriations for Expansion of Manufacturing
USA Program.--
(1) In general.--There is authorized to be appropriated
$2,400,000,000 for the period of fiscal years 2021 through 2025
for the Director of the National Institute of Standards and
Technology to carry out the Manufacturing USA Program and to
expand such program to include at least 45 Manufacturing USA
institutes.
(2) Traditional manufacturing usa institutes.--
(A) In general.--Of the amounts appropriated
pursuant to the authorization of appropriations in
paragraph (1), $1,500,000,000 shall be available for
the period described in such paragraph to support the
establishment of at least 3 traditional Manufacturing
USA institutes each year during that period.
(B) Financial assistance.--The Director shall
support the establishment of traditional Manufacturing
USA institutes under subparagraph (A) through the award
of financial assistance under section 34(e) of the
National Institute of Standards and Technology Act (15
U.S.C. 278s(e)).
(3) Alliance manufacturing usa institutes.--Of the amounts
appropriated pursuant to the authorization of appropriations in
paragraph (1), $375,000,000 shall be available for the period
described in such paragraph to establish not fewer than 3
alliance Manufacturing USA institutes each year during that
covered period as designated by the Director of the National
Institute of Standards and Technology for a Federal commitment
of at least 5 years.
(4) Commercialization, workforce training, and supply chain
investment.--Of the amounts appropriated pursuant to the
authorization of appropriations in paragraph (1), $100,000,000
shall be available for the period described in such paragraph
to support such programming for commercialization, workforce
training, and supply chain activities across the Manufacturing
USA Network as the Director considers appropriate.
(5) Ongoing support for existing manufacturing usa
institutes.--Of the amounts appropriated pursuant to the
authorization of appropriations in paragraph (1), $375,000,000
shall be available for the period described in such paragraph
to support Manufacturing USA institutes that were in effect on
the day before the date of the enactment of this Act, and
$5,000,000 shall be available to each such Manufacturing USA
institute each year for such period for ongoing operation of
the institutes, including operational overhead, workforce
training, and supply chain activities.
(6) Management of interagency solicitations and ongoing
management.--Of the amounts appropriated pursuant to the
authorization of appropriations in paragraph (1), $10,000,000
shall be available annually for the period described in such
paragraph for the National Program Office to coordinate the
activities of the Manufacturing USA Network and manage
interagency solicitations.
(d) Coordination Between Manufacturing USA Program and Hollings
Manufacturing Extension Partnership.--The Secretary of Commerce shall
coordinate the activities of the Manufacturing USA Program and the
activities of Hollings Manufacturing Extension Partnership with each
other to the degree that doing so does not diminish the effectiveness
of the ongoing activities of a Manufacturing USA institute or a Center
(as the term is defined in section 25(a) of the National Institute of
Standards and Technology Act (15 U.S.C. 278k(a)), including
Manufacturing USA institutes contracting with a Center (as so defined)
to provide services relating to the mission of the Hollings
Manufacturing Extension Partnership, including outreach, technical
assistance, workforce development, and technology transfer and adoption
assistance to small and medium-sized manufacturers.
(e) Worker Advisory Council in Manufacturing USA Program.--
(1) Establishment.--
(A) In general.--The Secretary of Commerce shall,
in coordination with the Secretary of Labor, the
Secretary of Defense, the Secretary of Energy, and the
Secretary of Education, establish an advisory council
for the Manufacturing USA Program on the development
and dissemination of techniques, policies, and
investments for high-road labor practices, worker
adaptation and success with technological change, and
increased worker participation across the Manufacturing
USA Network.
(B) Membership.--The council established under
subparagraph (A) shall be composed of not fewer than 15
members appointed by the Secretary of Commerce, of
whom--
(i) five shall be from labor organizations;
(ii) five shall be from educational
institutions; and
(iii) five shall be from workforce
development and nonprofit organizations,
including those that focus on workforce
diversity and inclusion.
(C) Period of appointment; vacancies.--
(i) In general.--Each member of the council
established under subparagraph (A) shall be
appointed for a term of 3 years with the
ability to renew the appointment for no more
than 2 terms.
(ii) Vacancies.--Any member appointed to
fill a vacancy occurring before the expiration
of the term for which the member's predecessor
was appointed shall be appointed only for the
remainder of that term. A member may serve
after the expiration of that term until a
successor has been appointed.
(D) Meetings.--
(i) Initial meeting.--Not later than 180
days after the date of enactment of this Act,
the council established under subparagraph (A)
shall hold the first meeting.
(ii) Additional meetings.--After the first
meeting of the council, the council shall meet
upon the call of the chairperson or of the
Secretary, and at least once every 180 days
thereafter.
(iii) Quorum.--A majority of the members of
the council shall constitute a quorum, but a
lesser number of members may hold hearings.
(E) Chairperson and vice chairperson.--The members
of the council established under subparagraph (A) shall
elect 1 member to serve as the chairperson and 1 member
to serve as the vice chairperson of the council.
(2) Duties of the council.--The council established under
paragraph (1)(A) shall provide advice and recommendations to
the Secretary of Commerce on matters concerning investment in
and support of the manufacturing workforce relating to the
following:
(A) Worker participation, including through labor
organizations, in the planning and deployment of new
technologies across an industry and within workplaces.
(B) Policies to help workers adapt to technological
change, including training and education priorities for
the Federal Government and for employer investments in
workers.
(C) Assessments of impact on workers of development
of new technologies and processes by the Manufacturing
USA institutes.
(D) Management practices that prioritize job
quality, worker protection, worker participation and
power in decision making, and investment in worker
career success.
(E) Policies and procedures to prioritize diversity
and inclusion in the manufacturing and technology
workforce by expanding access to job, career
advancement, and management opportunities for
underserved and underrepresented populations.
(F) Such other matters as the Secretary considers
appropriate.
(3) Report.--
(A) Appropriate committees of congress defined.--In
this paragraph, the term ``appropriate committees of
Congress'' means--
(i) the Committee on Health, Education,
Labor, and Pensions, the Committee on Commerce,
Science, and Transportation, the Committee on
Energy and Natural Resources, the Committee on
Armed Services, and the Committee on
Appropriations of the Senate; and
(ii) the Committee on Education and Labor,
the Committee on Science, Space, and
Technology, the Committee on Energy and
Commerce, the Committee on Armed Services, and
the Committee on Appropriations of the House of
Representatives.
(B) Report required.--Not later than 180 days after
the date on which the council established under
paragraph (1)(A) holds its initial meeting under
paragraph (1)(D)(i) and annually thereafter, the
council shall submit to the appropriate committees of
Congress a report containing a detailed statement of
the advice and recommendations of the council pursuant
to paragraph (2).
(4) Compensation.--
(A) Prohibition of compensation.--Members of the
Council may not receive additional pay, allowances, or
benefits by reason of their service on the Council.
(B) Travel expenses.--Each member shall receive
travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions
under subchapter I of chapter 57 of title 5, United
States Code.
(5) FACA applicability.--
(A) In general.--In discharging its duties under
this subsection, the council established under
paragraph (1)(A) shall function solely in an advisory
capacity, in accordance with the Federal Advisory
Committee Act (5 U.S.C. App.).
(B) Exception.--Section 14 of the Federal Advisory
Committee Act shall not apply to the Council.
(f) Participation of Minority-Serving Institutions.--The Secretary
of Commerce shall coordinate with existing and new Manufacturing USA
institutes to integrate minority-serving institutions as active members
of the Manufacturing USA institutes, including through the development
of preference criteria for proposals to create new Manufacturing USA
institutes or renew existing Manufacturing USA institutes that include
meaningful participation from minority-serving institutions.
(g) Department of Commerce Policies To Promote Domestic Production
of Technologies Developed Under Manufacturing USA Program.--
(1) Definition of domestic.--In this subsection, the term
``domestic'', with respect to development or production means
development or production by, or with respect to source means
the source is, a person incorporated or formed in the United
States--
(A) that is not under foreign ownership, control,
or influence (FOCI) as defined in section 847 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92);
(B) whose beneficial owners, as defined in section
847 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92), are United States
persons;
(C) whose management are United States citizens;
(D) whose principal place of business is in the
United States; and
(E) who is not--
(i) a foreign incorporated entity that is
an inverted domestic corporation or any
subsidiary of such entity; or
(ii) any joint venture if more than 10
percent of the joint venture (by vote or value)
is held by a foreign incorporated entity that
is an inverted domestic corporation or any
subsidiary of such entity.
(2) Policies.--
(A) In general.--The Secretary of Commerce shall
establish policies to promote the domestic production
of technologies developed by the Manufacturing USA
Network.
(B) Elements.--The policies developed under
paragraph (2) shall include the following:
(i) Measures to partner domestic developers
of goods, services, or technologies by
Manufacturing USA Network activities with
domestic manufacturers and sources of
financing.
(ii) Measures to develop and provide
incentives to promote transfer of intellectual
property and goods, services, or technologies
developed by Manufacturing USA Network
activities to domestic manufacturers.
(iii) Measures to assist with supplier
scouting and other supply chain development,
including the use of the Hollings Manufacturing
Extension Partnership to carry out such
measures.
(iv) A process to review and approve or
deny any transfer of intellectual property and
goods, services, or technologies developed by
Manufacturing USA Network activities to outside
of the United States, especially to countries
of concern, including the People's Republic of
China.
(v) Measures to prioritize Federal
procurement of goods, services, or technologies
developed by the Manufacturing USA Network
activities from domestic sources, as
appropriate.
(vi) Requirements that all contracts,
transactions, and agreements entered into as
part of participation in the Manufacturing USA
Network shall include conditions where
developers of technologies by activities
conducted by the Manufacturing USA network who
manufacture such technology outside the United
States agree that they shall be required to
refund to the United States an appropriate
amount of funding, which shall include the
amount the Federal Government has contributed
and the present value of the future value lost
by the United States as a result of such
technology being manufactured outside the
United States, under reasonable conditions and
procedures determined by the Secretary in the
interest of protecting taxpayers.
(C) Processes for waivers.--The policies
established under this paragraph shall include
processes to permit waivers, on a case by case basis,
for policies that promote domestic production based on
cost, availability, severity of technical and mission
requirements, emergency requirements, operational
needs, other legal or international treaty obligations,
or other factors deemed important to the success of the
Manufacturing USA Program.
(3) Prohibition.--
(A) Definitions.--In this paragraph, the terms
``beneficial owner'', ``company'', and ``foreign
ownership, control, or influence'' have the meanings
given such terms in section 847(a) of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92).
(B) In general.--A company of the People's Republic
of China may not participate in the Manufacturing USA
Program or the Manufacturing USA Network. Any company
that engages in joint research and development,
technology licensing or transfer, or investment
involving technologies that result from the activities
of the Manufacturing USA Program or the Manufacturing
USA Network with companies in the People's Republic of
China or otherwise under the foreign ownership, control
or influence of the Government of China or whose
beneficial owners are citizens of the People's Republic
of China may not participate in the Manufacturing USA
Program or the Manufacturing USA Network.
SEC. 132. INVESTING IN RESEARCH AND DEVELOPMENT OF CRITICAL
TECHNOLOGIES.
(a) Research and Development.--
(1) Awards.--The Secretary of Energy shall, in consultation
with the Director of the National Institute of Standards and
Technology--
(A) make awards to conduct collaborative research
and development with industry, labor, academic, and
other partners, which may include collaboration with a
Federal agency or a Federal laboratory, in order to
strengthen the United States position in critical
technology areas, including artificial intelligence,
nanotechnology, biotechnology, photonics and optics,
flexible hybrid technologies, microelectronics,
superconductors, advanced battery technologies,
robotics, and advanced sensors;
(B) make awards to institutions of higher education
to support research, testing, demonstrations, and
increased United States engagement in standards
development activities; and
(C) make awards to institutions of higher
education, in collaboration with labor organizations
and other relevant education and training
organizations, to support research and assessments of
the impacts of critical technology development and
deployment on jobs and skills needs.
(2) Interagency coordination.--The Secretary may coordinate
with the Secretary of Education, the Secretary of Labor, and
the heads of such other relevant agencies in the implementation
of paragraph (1)(C).
(3) Authorization of appropriations.--
(A) In general.--Subject to subparagraph (B), there
is authorized to be appropriated to the Secretary of
Energy $100,000,000 for the period of fiscal years 2021
through 2025 to carry out this subsection.
(B) Limitation.--Of the amounts appropriated
pursuant to the authorization of appropriations in
subparagraph (A), not more than $50,000,000 of such
amounts may be used to support laboratory research
programs of the Department of Energy aligned with the
critical technology areas referred to in paragraph
(1)(A).
(b) Other Transaction Authorities for Director of the National
Institute of Standards and Technology for Certain Programs.--Paragraph
(4) of section 2(b) of the National Institute of Standards and
Technology Act (15 U.S.C. 272(b)) is amended to read as follows:
``(4) to enter into and perform such contracts, including
cooperative research and development arrangements and grants
and cooperative agreements or other transactions, as may be
necessary in carrying out the Hollings Manufacturing Extension
Partnership under section 25 and the Manufacturing USA Program
under section 34 and on such terms as the Director may deem
appropriate, in furtherance of the purposes of such partnership
and such program;''.
(c) Support for National Science Foundation University and Industry
Research Programs.--
(1) In general.--There is authorized to be appropriated to
the National Science Foundation $150,000,000 for each of fiscal
years 2021 through 2025, of which--
(A) $50,000,000 shall be available each year for
the Industry-University Cooperative Research Centers
program of the Foundation; and
(B) $100,000,000 shall be available each year for
the Engineering Research Centers program of the
Foundation.
(2) Manufacturing activities.--The Director of the National
Science Foundation may prioritize the use of amounts
appropriated pursuant to the authorization of appropriations
under paragraph (1) for awards to education, research, and
commercialization activities that support domestic
manufacturing in critical technology areas.
(d) Innovation and Technology Transfer Programs.--
(1) Innovation corps.--
(A) Authorization.--There is authorized to be
appropriated for the Innovation Corps established under
section 601 of the American Innovation and
Competitiveness Act (42 U.S.C. 1862s-8), $100,000,000
for each of fiscal years 2021 through 2025, of which at
least 25 percent each year shall be used for follow-on
grant awards under section 601(c)(3) of such Act.
(B) Additional coordination.--Section 601(c)(3) of
the American Innovation and Competitiveness Act (42
U.S.C. 1862s-8(c)(3)) is amended by adding at the end
the following:
``(C) Coordination.--The Director of the National
Science Foundation shall coordinate with Federal
agencies that are required to establish SBIR and STTR
programs (as those terms are defined in section 9(e) of
the Small Business Act (15 U.S.C. 638(e)) to facilitate
further relevant Federal support for I-Corps
participants.''.
(2) Translational research grants.--There are authorized to
be appropriated to the National Science Foundation $50,000,000
for each of fiscal years 2021 through 2025 for the
translational research grants under section 602 of the American
Innovation and Competitiveness Act (42 U.S.C. 1862s-9).
(e) Consortium for Advanced Manufacturing.--
(1) Establishment.--The Director of the National Science
Foundation shall establish, oversee, and support a consortium
on advanced manufacturing that operates as an independent
entity.
(2) Elements.--The consortium established, overseen, and
supported under paragraph (1) shall be led by a nonprofit
organization or an institution of higher education.
(3) Functions.--The functions of the consortium
established, overseen, and supported under paragraph (1) are
the following:
(A) To include all fields of advanced
manufacturing, including emerging areas and areas
overlapping with other disciplines.
(B) To serve as a catalyst and enabler for, and
give a voice to, the national advanced manufacturing
research community in shaping the future of advanced
manufacturing.
(C) To consider issues, challenges, and
opportunities facing United States advanced
manufacturing, and source perspectives on technology
priorities, including novel and unanticipated
perspectives, that can inform both the broad advanced
manufacturing community and Federal programs and
policies.
(D) To provide a resource for rapid response expert
advice to help inform cross-cutting Federal research
and development initiatives in advanced manufacturing,
responses might be provided within several days for
simple informational items or within several months for
more complex issues.
(E) To serve as an intermediary for the executive
and legislative branches of the Federal Government in
soliciting the input of the broader manufacturing
community.
(F) To consider innovation metrics in education and
research to inform initiatives that will improve the
national innovation ecosystem.
(4) Requirements.--In carrying out paragraph (3), the
consortium established, overseen, and supported under paragraph
(1) shall--
(A) enable the advanced manufacturing community to
communicate to a broad audience the myriad ways in
which advances in manufacturing will create a brighter
future and encourage the alignment of advanced
manufacturing research with pressing national
priorities and national challenges;
(B) facilitate the generation of visions for
advanced manufacturing research and education and
communicate them to a wide range of stakeholders in the
United States;
(C) provide flexible mechanisms that allow single
or multiple Federal agencies to sponsor and participate
in studies of specific agency interest;
(D) respond to Federal agency requests and identify
key technology challenges facing the private sector;
(E) convene experts from United States industry,
academia, and labor to consider issues, challenges, and
opportunities in advanced manufacturing;
(F) form focus teams to deep dive into particular
technology areas;
(G) engage experts from the private sector,
including industry, academia, and labor, with the
support of and participation from Federal agency
leadership; and
(H) provide input to the Federal Government and
engage with advisory committees and groups consistent
with law and regulations, as appropriate for a body
that is not chartered under the Federal Advisory
Committee Act (5 U.S.C. App.).
(5) Independent operations.--The Director shall allow the
consortium established, overseen, and supported under paragraph
(1) to operate independently and shall not require any advance
review by the Foundation of any findings, recommendations, or
other work products of the consortium.
(6) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the consortium
established, overseen, and supported under paragraph (1).
(7) Reports.--The consortium shall issue at least four
reports each year.
(8) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection, $10,000,000
for the period of fiscal years 2021 through 2025.
SEC. 133. FUNDING FOR QUANTUM COMPUTING AND CONSORTIAL QUANTUM RESEARCH
AND DEVELOPMENT.
(a) Findings.--Congress makes the following findings:
(1) United States leadership in quantum computing is vital
for science, society, the economy, and national security.
(2) It is in the national interest for the Federal
Government to foster continued growth of the United States
quantum computing innovation ecosystem.
(3) Federal Government investment in the efforts of
institutions of higher education and industry to research,
develop, demonstrate, and produce critical technologies and to
establish successful domestic companies is essential to
national and economic security and to the global leadership of
the United States.
(b) Quantum User Expansion for Science and Technology.--
(1) Establishment.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Energy, acting
through the Director of the Office of Science of the Department
of Energy and in consultation with appropriate officials from
other government organizations, shall establish a competitive,
merit-based program to provide researchers access to quantum
computing resources via the cloud so as--
(A) to enhance the United States quantum research
enterprise;
(B) to stimulate the United States quantum
computing industry;
(C) to educate the future quantum computing
workforce;
(D) to accelerate advancement of quantum computer
capabilities; and
(E) to develop requirements, applications, and
algorithms to determine and exploit the utility of
noisy intermediate-scale quantum computers (NISQ) and
state of the art quantum computers.
(2) Designation.--The program established under paragraph
(1) shall be referred to as the ``Quantum User Expansion for
Science and Technology'' (in this subsection referred to as the
``Program'').
(3) Administration of program.--
(A) Consultation.--The Secretary shall administer
the Program in consultation with private sector
stakeholders, the user community, and interagency
partners, including the National Science Foundation,
the National Institute of Standards and Technology and
the Department of Defense.
(B) Activities.--The Program shall include and
focus on soliciting, considering, selecting, and
funding applications primarily from United States-based
researchers for access to and use of cloud-based
quantum computing resources.
(C) Applications.--Applications for funding under
subparagraph (B) shall be assessed on the basis of the
following:
(i) Scientific merit.
(ii) Societal, economic, or security
impact.
(iii) The need to access quantum computing
resources.
(4) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on the status of the Program.
(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out the Program $100,000,000 in
fiscal year 2021.
(c) Quantum Economic Development Consortium.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the National Institute of Standards and
Technology $100,000,000 for the period of fiscal years 2021
through 2025 for--
(A) the Quantum Economic Development Consortium
established under section 201 of the National Quantum
Initiative Act (15 U.S.C. 8831); and
(B) awards based on recommendations of the Quantum
Economic Development Consortium that enable and grow a
robust United States quantum industry and supply chain
to maintain United States leadership in the field of
quantum computing.
(2) Waiver.--Section 201(c) of the National Quantum
Initiative Act (15 U.S.C. 8831(c)) shall not apply to use of
amounts appropriated pursuant to subparagraph (A).
(d) Department of Defense Investment in Quantum Computing.--
(1) High-risk, high-payoff approach.--The Secretary of
Defense shall--
(A) award at least 2 grants to industry-led teams,
which may include academic and other research entities,
with the goal of building fully error-corrected, fault-
tolerant quantum computers before the date that is 5
years after the date of the enactment of this Act;
(B) establish cost-sharing criteria for each such
award; and
(C) develop milestones and exit criteria for each
such award to measure progress, including by requiring
applicants to propose tangible milestones to achieving
the goal of building fully error-corrected, fault-
tolerant quantum computers as close to the 5-year goal
timeframe as possible.
(2) Sustaining the quantum computing industry.--To make
steady progress in the field of quantum computing, the
Secretary of Defense shall provide stable funding on a
competitive basis during the 10-year period beginning on the
date of the enactment of this Act--
(A) for the development of requirements,
applications, and algorithms to determine and exploit
the utility of noisy intermediate-scale quantum (NISQ)
computers that are available as of the day before the
date of the enactment of this Act; and
(B) for access to intermediate-scale quantum
computers for government, academic, and commercial
researchers and developers.
(3) Annual report.--Not later than 2 years after the date
of the enactment of this Act and not less frequently than once
each year thereafter, the Secretary shall submit to the
President and Congress a report on the progress of the
activities required under this section and alterations of
previous plans for the future.
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $1,500,000,000
for the period of fiscal years 2021 through 2031.
SEC. 134. NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH AND DEVELOPMENT
INITIATIVE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) there is a need for a National Artificial Research and
Development Intelligence Initiative, including a comprehensive
strategy for and coordination across agencies on research and
development on artificial intelligence;
(2) there are currently several interagency committees
working on related tasks with respect to artificial
intelligence;
(3) the reporting structure of such committees could be
simplified to address efficiently the goals of the Initiative;
and
(4) it is useful to accelerate in the United States,
research on artificial intelligence that increases innovation
while also promoting privacy and accountability.
(b) Definitions.--
(1) Artificial intelligence.--The term ``artificial
intelligence'' includes the following:
(A) An artificial system that performs tasks under
varying and unpredictable circumstances without
significant human oversight, or that can learn from
experience and improve performance when exposed to data
sets.
(B) An artificial system developed in computer
software, physical hardware, or other context that
solves tasks requiring human-like perception,
cognition, planning, learning, communication, or
physical action.
(C) An artificial system designed to think or act
like a human, including cognitive architectures and
neural networks.
(D) A set of techniques, including machine
learning, that is designed to approximate a cognitive
task.
(E) An artificial system designed to act
rationally, including an intelligent software agent or
embodied robot that achieves goals using perception,
planning, reasoning, learning, communicating, decision
making, and acting.
(2) Artificial intelligence industry.--The term
``artificial intelligence industry'' means entities in
industries relevant to artificial intelligence.
(3) Emerging research institution.--The term ``emerging
research institution'' means an institution of higher education
that--
(A) receives less than $20,000,000 in Federal
research funding annually; and
(B) may grant a doctoral degree.
(4) Initiative.--The term ``Initiative'' means the National
Artificial Intelligence Research and Development Initiative
established pursuant to subsection (c).
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(6) K-12 education.--The term ``K-12 education'' means
elementary school and secondary education, as such terms are
defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(7) Machine learning.--The term ``machine learning'' means
a subfield of artificial intelligence that is characterized by
giving computers the autonomous ability to progressively
optimize performance of a specific task based on data without
being explicitly programmed.
(8) Minority-serving institution.--The term ``minority-
serving institution'' means any of the following:
(A) A Hispanic-serving institution (as defined in
section 502(a) of the Higher Education Act of 1965 (20
U.S.C. 1101a(a))).
(B) A Tribal College or University (as defined in
section 316(b) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b))).
(C) An Alaska Native-serving institution (as
defined in section 317(b) of the Higher Education Act
of 1965 (20 U.S.C. 1059d(b))).
(D) A Native Hawaiian-serving institution (as
defined in section 317(b) of the Higher Education Act
of 1965 (20 U.S.C. 1059d(b))).
(E) A Predominantly Black Institution (as defined
in section 318(b) of the Higher Education Act of 1965
(20 U.S.C. 1059e(b))).
(F) A Native American-serving nontribal institution
(as defined in section 319(b) of the Higher Education
Act of 1965 (20 U.S.C. 1059f(b))).
(G) An Asian American and Native American Pacific
Islander-serving institution (as defined in section
320(b) of the Higher Education Act of 1965 (20 U.S.C.
1059g(b))).
(c) National Artificial Intelligence Research and Development
Initiative.--The President shall establish and implement an initiative
with respect to artificial intelligence to be known as the ``National
Artificial Intelligence Research and Development Initiative''. In
carrying out the Initiative, the President shall, acting through
appropriate Federal entities, including the Networking and Information
Technology Research and Development Program--
(1) establish objectives, priorities, and metrics for
strategic plans under subsection (e)(4) to accelerate
development of science and technology applications for
artificial intelligence in the United States;
(2) invest in research, development, demonstration,
application to analysis and modeling, and other activities with
respect to science and technology in artificial intelligence;
(3) support the development of a workforce pipeline for
science and technology with respect to artificial intelligence
by making strategic investments to--
(A) expand the number of researchers, educators,
and students with training in science and technology in
artificial intelligence;
(B) increase the number of skilled and trained
workers from underrepresented communities who can
contribute to the development of artificial
intelligence and artificial intelligence technology,
diversify the artificial intelligence workforce, and
expand the artificial intelligence workforce pipeline;
(C) promote the development and inclusion of
multidisciplinary curricula and research opportunities
for science and engineering with respect to artificial
intelligence, including advanced technological
education, during the primary, secondary,
undergraduate, graduate, postdoctoral, adult learning,
and career retraining stages of education; and
(D) equip workers with the knowledge and skill sets
required to operate effectively in occupations and
workplaces that will be increasingly influenced by
artificial intelligence;
(4) facilitate coordination of efforts and collaboration
with respect to research and development of artificial
intelligence among government agencies, Federal and national
laboratories, nonprofit organizations, institutions of higher
education, and industry;
(5) leverage existing Federal research investments, and
partner with industry and institutions of higher education to
leverage knowledge and resources, to advance objectives and
priorities of the Initiative;
(6) strengthen research, development, demonstration, and
applications in science and technology with respect to
artificial intelligence by--
(A) addressing gaps in basic research knowledge
with respect to artificial intelligence through
research;
(B) promoting the further development of facilities
and centers available for research, testing, and
education in science and technology with respect to
artificial intelligence;
(C) stimulating research on, and promoting more
rapid development and commercialization of, artificial
intelligence-based technologies;
(D) promoting research into the effects of
artificial intelligence and applications of artificial
intelligence on society, the workforce and workplace,
and individuals, including those from underrepresented
communities;
(E) promoting data and model sharing among the
Federal government, academic researchers, the private
sector, and other practitioners of artificial
intelligence;
(F) identifying and minimizing inappropriate bias
in data sets, algorithms, and other aspects of
artificial intelligence; and
(G) supporting efforts to create metrics to assess
safety, security, and reliability of applications of
science and technology with respect to artificial
intelligence; and
(7) ensure that research, development, demonstration, and
applications efforts with respect to artificial intelligence
create measurable benefits for all individuals in the United
States, including members of disadvantaged and underrepresented
groups.
(d) National Artificial Intelligence Coordination Office.--
(1) In general.--The Director of the Office of Science and
Technology Policy shall, in consultation with the Director of
the National Science Foundation, the Secretary of Energy, and
the Secretary of Commerce, the Attorney General, the Federal
Trade Commission, and the Director of the Bureau of Consumer
Financial Protection, establish or designate, and appoint a
director of, an office to be known as the ``National Artificial
Intelligence Coordination Office'' (in this subsection referred
to as the ``Office'').
(2) Duties.--The Office shall--
(A) serve as the point of contact on Federal
artificial intelligence activities for government
organizations, academia, industry, professional
societies, State artificial intelligence programs,
interested citizen groups, and others to exchange
technical and programmatic information;
(B) conduct public outreach, including
dissemination of findings and recommendations of the
National Artificial Intelligence Advisory Committee
established under subsection (f), as appropriate; and
(C) promote access to and development of early
applications of the technologies, innovations, and
expertise that benefit the public derived from
Initiative activities to agency missions and systems
across the Federal Government, and to United States
industry, including startup companies.
(3) Funding.--The funding of the Office shall be derived
from amounts available to the Office of Science and Technology
Policy, the National Science Foundation, the Department of
Energy, the Department of Commerce, and such other departments
or agencies of the Federal Government as the President
considers appropriate.
(4) Report.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Office of Science
and Technology Policy shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives a report on funding for the Office. The report
shall include--
(A) the amount of funding required to adequately
fund the Office;
(B) the adequacy of existing mechanisms to fund the
Office; and
(C) the actions taken to ensure stable funding for
the Office.
(e) Interagency Committee on Artificial Intelligence.--
(1) In general.--The Director of the Office of Science and
Technology Policy shall establish or designate an interagency
committee to be known as the ``Interagency Committee on
Artificial Intelligence'' (in this subsection referred to as
the ``Interagency Committee'').
(2) Membership.--
(A) Composition.--The Interagency Committee shall
be composed of representatives from the following, as
detailed to the Interagency Committee by the head of
the agency concerned:
(i) The National Institute of Standards and
Technology.
(ii) The National Science Foundation.
(iii) The Department of Energy.
(iv) The Department of Justice.
(v) The Federal Trade Commission.
(vi) The Bureau of Consumer Financial
Protection.
(vii) The National Aeronautics and Space
Administration.
(viii) The Department of Defense.
(ix) The Office of the Director of National
Intelligence.
(x) The Office of Management and Budget.
(xi) The Office of Science and Technology
Policy.
(xii) The National Institutes of Health.
(xiii) Any other Federal agency the
Director of the Office of Science and
Technology Policy considers appropriate.
(B) Co-chairs.--The Interagency Committee shall be
co-chaired by the following:
(i) The Director of the Office of Science
and Technology Policy.
(ii) The Secretary of Energy.
(iii) The Director of the National
Institute of Standards and Technology.
(iv) The Director of the National Science
Foundation.
(3) Duties.--The Interagency Committee shall--
(A) coordinate and make recommendations for
activities and programs of Federal agencies on research
and education with respect to artificial intelligence
and artificial intelligence technology;
(B) establish objectives and priorities for the
Initiative, consistent with the objectives and purposes
specified in subsection (c), based on identified
knowledge and workforce gaps and other national needs;
(C) assess and recommend Federal infrastructure
needs to support the Initiative; and
(D) evaluate opportunities for international
cooperation with strategic allies on research and
development with respect to artificial intelligence and
artificial intelligence technology.
(4) Strategic plans.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act, the Interagency
Committee shall develop a 5-year strategic plan, and
not later than 6 years after the date of the enactment
of this Act, the Interagency Committee shall develop an
additional 5-year strategic plan, with respect to the
activities of the Initiative, including activities and
mechanisms to meet Initiative goals and priorities, and
to anticipate outcomes at participating agencies.
(B) Updates.--The Interagency Committee may from
time to time update any strategic plan under
subparagraph (A), as the Interagency Committee
considers appropriate.
(C) Considerations.--In carrying out this
paragraph, the Interagency Committee shall take into
account reports and recommendations of the National
Artificial Intelligence Advisory Committee under
subsection (f).
(f) National Artificial Intelligence Advisory Committee.--
(1) In general.--The Director of the National Science
Foundation shall, in coordination with the Attorney General,
the Federal Trade Commission, and the Director of the Bureau of
Consumer Financial Protection, establish or designate an
advisory committee to be known as the ``National Artificial
Intelligence Advisory Committee'' (in this subsection referred
to as the ``Advisory Committee'').
(2) Membership.--
(A) In general.--Members of the Advisory Committees
shall be appointed by the Director of the National
Science Foundation, in consultation with the Director
of the Office of Science and Technology Policy and
after public input, from among individuals who are
qualified to provide advice and information on
research, development, demonstrations, education,
infrastructure, technology transfer, commercial
applications, and concerns of a national security,
social, or economic nature with respect to artificial
intelligence and artificial intelligence technology. In
making such appointments, the Director of the National
Science Foundation shall seek to appoint individuals
who, collectively, have expertise on a wide range of
defense and non-defense artificial intelligence
matters.
(B) Limitation.--Not more than half of the members
of the Advisory Committee may be representatives of the
artificial intelligence industry.
(3) Duties.--The Advisory Committee shall advise the
Director of the Office of Science and Technology Policy and the
Interagency Committee on Artificial Intelligence under
subsection (e) on matters relating to the Initiative. Such
advice shall be based on periodic assessments by the Advisory
Committee of the following:
(A) Trends and developments in artificial
intelligence, including current and near-future states
of artificial intelligence systems and forecasting.
(B) Progress made in implementing the Initiative.
(C) The need to revise the Initiative.
(D) Balance among the components of the Initiative,
including funding levels for component areas of the
Initiative.
(E) Whether the component areas, priorities, and
technical goals of the Initiative are helping the
United States maintain leadership in artificial
intelligence and artificial intelligence technology
that also maintains privacy and accountability.
(F) Management, coordination, implementation, and
activities of the Initiative.
(G) Whether societal, ethical, legal,
environmental, and workforce concerns with respect to
artificial intelligence and artificial intelligence
technology are adequately addressed by the Initiative.
(4) Reports.--Not later than 4 years after the date of the
most recent assessment under paragraph (3), and quadrennially
thereafter, the Advisory Committee shall submit to the Director
of the National Science Foundation, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee on
Science, Space, and Technology of the House of Representatives
a report on the following:
(A) The most recent assessment of the Advisory
Committee under paragraph (3).
(B) Any current recommendations of the Advisory
Committee regarding improvements to the Initiative.
(5) Travel expenses of non-federal members.--Any member of
the Advisory Committee who is not an officer or employee of the
Federal Government, while attending meetings of the Advisory
Committee or while otherwise serving at the request of the head
of the Advisory Committee away from their homes or regular
places of business, may be allowed travel expenses, including
per diem in lieu of subsistence, as authorized by section 5703
of title 5, United States Code, for individuals in the
government serving without pay. Nothing in this paragraph shall
be construed to prohibit members of the Advisory Committee who
are officers or employees of the United States from being
allowed travel expenses, including per diem in lieu of
subsistence, in accordance with existing law.
(6) Termination.--The Advisory Committee shall terminate on
December 31, 2025.
(g) Study on Artificial Intelligence Workforce.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the National Artificial Intelligence
Coordination Office under subsection (d) shall seek to enter
into a contract with a federally funded research and
development center or nongovernment research organization for a
study on the mechanisms that produce or contribute to the
workforce in artificial intelligence (including researchers and
specialists in artificial intelligence and users of artificial
intelligence) in order to identify and develop actions to
ensure an appropriate increase in the size, quality, and
diversity of the workforce.
(2) Collaboration in study.--The contract referred to in
paragraph (1) shall require the federally funded research and
development center entering into the contract to do the
following:
(A) Collaborate with the Secretary of Commerce, the
Commissioner of Labor Statistics, and the Director of
the Census in developing a comprehensive and detailed
understanding of the workforce needs of and employment
opportunities in the artificial intelligence field, by
State and by region.
(B) Collaborate in carrying out the study with
educational institutions, State and local workforce
development boards, nonprofit organizations, labor
organizations, apprenticeship programs, industry, and
other entities in the artificial intelligence field.
(C) Collaborate with minority-serving institutions
in order to facilitate the sharing of best practices
and approaches for increasing and retaining
underrepresented populations in the artificial
intelligence field.
(D) Facilitate the sharing of best practices and
approaches for the development and sustainment of the
workforce in artificial intelligence that are
identified or developed through the study among--
(i) entities in the artificial intelligence
field, State and local workforce development
boards, nonprofit organizations, labor
organizations, and apprenticeship programs that
provide training programs for employment in the
artificial intelligence field; and
(ii) educational institutions that seek to
establish such training programs.
(3) Department of labor annual report on job creation.--
Each year while the contract referred to in paragraph (1) is in
force, the Secretary of Labor shall, using information derived
from the study described in that paragraph and other
appropriate information, issue to the public a report on job
creation in the artificial intelligence field during the
preceding year.
(h) National Institute of Standards and Technology Activities on
Artificial Intelligence.--
(1) In general.--As part of the Initiative, the Director of
the National Institute of Standards and Technology shall--
(A) support the development of measurements and
standards necessary to advance commercial and
governmental development of artificial intelligence
applications, including by--
(i) developing measurements and standards;
(ii) supporting efforts to develop
measurements and consensus standards by
standards development organizations; and
(iii) modernizing the mechanisms used for
benchmarking artificial intelligence
technologies;
(B) establish and support collaborative ventures or
consortia with public or private sector entities,
including institutions of higher education, National
Laboratories, and the artificial intelligence industry,
for the purpose of advancing fundamental and applied
research and development on artificial intelligence;
and
(C) modernize the mechanisms used for benchmarking
artificial intelligence technologies.
(2) Artificial intelligence outreach.--
(A) In general.--The Director shall conduct
outreach--
(i) to receive input from stakeholders on
the development of a plan to address future
measurements and standards related to
artificial intelligence; and
(ii) to provide an opportunity for public
comment on any such measurements or standards.
(B) Meetings.--
(i) In general.--Not later than 1 year
after the date of the enactment of this Act,
and a periodic basis thereafter as the Director
considers appropriate, the Director shall
convene 1 or more meetings of stakeholders,
including technical expert representatives from
government organizations, the artificial
intelligence industry, and institutions of
higher education, to discuss topics described
in clause (ii).
(ii) Topics.--Meetings under clause (i) may
cover topics that the Director considers
important to the development of standards and
measurements with respect to artificial
intelligence, including--
(I) cybersecurity;
(II) algorithm accountability;
(III) algorithm explainability;
(IV) algorithm trustworthiness;
(V) a common lexicon for artificial
intelligence; and
(VI) resources and methods for
benchmarking artificial intelligence
technologies.
(iii) Purposes.--The purposes of meetings
under this subparagraph shall be--
(I) to assess contemporary research
on the topics identified by the
Director for purposes of clause (ii);
(II) to evaluate research gaps
relating to such topics;
(III) to provide an opportunity for
stakeholders to provide recommendations
on the research to be addressed by the
National Institute of Standards and
Technology and the Initiative; and
(IV) to coordinate engagement with
international standards bodies in order
to ensure United States leadership in
the development of global technical
standards, including with respect to
artificial intelligence and
cybersecurity.
(3) Report to congress.--Not later than 2 years after the
date of the enactment of this Act, the Director shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of
the House of Representatives a report summarizing the results
of outreach and meetings conducted under this subsection.
(4) Authorization of appropriations.--There are authorized
to be appropriated for each of fiscal years 2022 through 2026,
$80,000,000 to carry out this subsection.
(i) Research and Education Program on Artificial Intelligence and
Artificial Intelligence Engineering.--
(1) In general.--As part of the Initiative, the Director of
the National Science Foundation shall establish and implement a
research and education program on artificial intelligence and
artificial intelligence engineering.
(2) Program elements.--In carrying out the program required
by paragraph (1), the Director shall--
(A) continue to support interdisciplinary research
on, and human resources development in, all aspects of
science and engineering with respect to artificial
intelligence, including--
(i) algorithm accountability;
(ii) minimization of inappropriate bias in
training data sets or algorithmic feature
selection;
(iii) qualitative and quantitative
forecasting of future capabilities and
applications; and
(iv) societal and ethical implications of
artificial intelligence;
(B) use existing authorities and programs and
collaborate with other Federal agencies--
(i) to improve teaching and learning in
science and engineering with respect to
artificial intelligence during the primary,
secondary, undergraduate, graduate,
postgraduate, adult learning, and career
retraining stages of education;
(ii) to increase participation in
artificial intelligence fields, including by
individuals identified in sections 33 and 34 of
the Science and Engineering Equal Opportunities
Act (42 U.S.C. 1885a, 1885b);
(iii) to formulate goals for education
activities in engineering and research with
respect to artificial intelligence to be
supported by the National Science Foundation
related to topics important to the Initiative,
including--
(I) algorithm accountability;
(II) algorithm explainability;
(III) algorithm trustworthiness;
(IV) algorithmic forecasting;
(V) consumer data privacy;
(VI) assessment and minimization of
inappropriate bias in training data and
output; and
(VII) societal and ethical
implications of the use of artificial
intelligence;
(iv) to engage with institutions of higher
education, research communities, potential
users of information produced under this
subsection, entities in the private sector, and
non-Federal entities--
(I) to leverage the collective body
of knowledge from existing research and
education activities with respect to
artificial intelligence and artificial
intelligence engineering; and
(II) to support partnerships among
institutions of higher education and
industry that facilitate collaborative
research, personnel exchanges, and
workforce development with respect to
artificial intelligence and artificial
intelligence engineering;
(v) to coordinate research efforts with
respect to artificial intelligence and
artificial intelligence engineering funded
through existing programs across the
directorates of the National Science
Foundation;
(vi) to ensure adequate access to research
and education infrastructure with respect to
artificial intelligence and artificial
intelligence engineering, including through
development of hardware and facilitation of the
use of computing resources, including cloud-
based computing services; and
(vii) to increase participation rates in
research and education on artificial
intelligence among underrepresented communities
by engaging with minority-serving institutions.
(3) Graduate traineeships.--In carrying out the program
required by paragraph (1), the Director may provide
traineeships to graduate students at institutions of higher
education who--
(A) are United States nationals or aliens lawfully
admitted for permanent residence in the United States;
and
(B) choose to pursue masters or doctoral degrees in
artificial intelligence or artificial intelligence
engineering.
(j) Multidisciplinary Centers for Artificial Intelligence Research
and Education.--
(1) In general.--The Director of the National Science
Foundation, in consultation with the heads of other appropriate
Federal agencies, shall award grants to eligible entities to
establish up to 10 research and education centers (each
referred to in this subsection as a ``Center'') to conduct
research and education activities in support of the Initiative.
Each Center established pursuant to such a grant shall be known
as a ``Multidisciplinary Center for Artificial Intelligence
Research and Education''.
(2) Eligible entities.--For purposes of this subsection, an
eligible entity is any entity as follows:
(A) An institution of higher education.
(B) A relevant nonprofit organization.
(C) A consortium of entities that consists of--
(i) two or more entities specified in
subparagraphs (A) through (C); or
(ii) at least one entity specified in such
paragraphs and a relevant private sector
organization that is not a nonprofit
organization.
(3) Minimum number of grants for certain purposes.--
(A) K-12 education.--Not less than 1 grant under
this subsection shall be for a Center with the primary
purpose of conducting research on how best to integrate
artificial intelligence into K-12 education.
(B) Minority-serving institution.--Not less than 1
grant under this subsection shall be for a Center
located at a minority-serving institution.
(4) Application.--An eligible entity seeking a grant under
this subsection shall submit an application to the Director at
such time, in such manner, and containing such information as
the Director may require. The application shall include--
(A) a plan for the proposed Center--
(i) to work with other research
institutions, emerging research institutions,
and the artificial intelligence industry to
leverage expertise in artificial intelligence,
education and curricula development, and
technology transfer;
(ii) to promote active collaboration among
researchers in multiple disciplines and across
multiple institutions involved in artificial
intelligence research including physics,
engineering, mathematical sciences, computer
and information science, biological and
cognitive sciences, material science,
education, and social and behavioral sciences
(such as industrial-organizational psychology);
(iii) to integrate into the activities of
such Center consideration of the ethics of
development, technology usage, and data
collection, storage, and sharing (including
training data sets) in connection with
artificial intelligence;
(iv) to support long-term and short-term
workforce development in artificial
intelligence, including broadening
participation of underrepresented communities;
and
(v) to support an innovation ecosystem to
work with industry to translate research of
such Center into applications and products; and
(B) a description of the anticipated long-term
impact of such Center beyond the termination of support
under this subsection.
(5) Selection and duration.--
(A) In general.--A Center established using a grant
under this subsection may receive funding under this
subsection for a period of 5 years.
(B) Extension.--Such a Center may apply for, and
the Director may grant, an extension of a grant under
this subsection for an additional 5-year period.
(C) Termination.--The Director may terminate for
cause funding under this subsection for a Center that
underperforms.
(6) Funding.--The amount provided during each of fiscal
years 2022 through 2026 for a Center established pursuant to
this subsection through a grant under this subsection shall be
$40,000,000.
(k) Research and Development Program on Artificial Intelligence.--
(1) Program required.--As a part of the Initiative, the
Secretary of Energy shall carry out a research and development
program on artificial intelligence.
(2) Components.--In carrying out the program required by
paragraph (1), the Secretary shall--
(A) formulate objectives for research on artificial
intelligence to be supported by the Department of
Energy that are consistent with the Initiative;
(B) leverage the collective body of knowledge from
existing research on artificial intelligence;
(C) coordinate research efforts on artificial
intelligence that are funded through existing programs
across the Department;
(D) engage with other Federal agencies, research
communities, and potential users of information
produced under this subsection;
(E) build, maintain, and, to the extent
practicable, make available for use by academic,
government, and private sector researchers the
computing hardware and software necessary to carry out
the program; and
(F) establish and maintain on an internet website
of the Department available to the public a resource
center that--
(i) provides current information and
resources on training programs for employment
in artificial intelligence; and
(ii) otherwise serves as a resource for
educational institutions, State and local
workforce development boards, nonprofit
organizations, and apprenticeship programs
seeking to develop and implement training
programs for employment in artificial
intelligence.
(3) Research centers.--
(A) Grants.--In carrying out this subsection, the
Secretary may award grants to eligible entities to
establish and operate up to 10 artificial intelligence
research centers (each referred to in this paragraph as
a ``Center'') for the purposes described in
subparagraph (C).
(B) Selection.--
(i) Eligible entities.--For purposes of
this paragraph, an eligible entity is any
entity as follows:
(I) An institution of higher
education.
(II) A relevant nonprofit
organization.
(III) A State or local government.
(IV) A National Laboratory or a
federally funded research and
development center.
(V) A consortium of entities that
consists of--
(aa) two or more entities
specified in subclauses (I)
through (IV); or
(bb) at least one entity
specified in such subclauses
and a relevant private sector
organization that is not a
nonprofit organization.
(ii) Competitive award.--Except as provided
in clause (iii), grants under this paragraph
shall be awarded through a competitive, merit-
reviewed process.
(iii) National security laboratory.--At
least 1 grant under this paragraph shall be
awarded to a national security laboratory of
the National Nuclear Security Administration.
(C) Purposes.--The purposes of the Centers
established under this paragraph are--
(i) to serve the needs of the Department
and such academic, educational, and private
sector entities as the Secretary considers
appropriate;
(ii) to advance research and education in
artificial intelligence and facilitate
improvement in the competitiveness of the
United States;
(iii) to provide access to computing
resources to promote scientific progress and
enable users from institutions of higher
education, other educational institutions, the
National Laboratories, and the artificial
intelligence industry--
(I) to make scientific discoveries
relevant to research in artificial
intelligence;
(II) to conduct research to
accelerate scientific breakthroughs in
science and technology with respect to
artificial intelligence;
(III) to support research conducted
under this paragraph; and
(IV) to increase the distribution
of research infrastructure and broaden
the spectrum of students exposed to
research in artificial intelligence at
institutions of higher education
(including emerging research
institutions); and
(iv) to ensure that artificial intelligence
techniques and their applications serve the
social and national interest, especially with
regards to maintaining privacy and
accountability.
(D) Coordination.--The Secretary shall ensure the
coordination of, and avoid unnecessary duplication of,
the activities of each Center under this paragraph with
the activities of--
(i) other research entities of the
Department, including the Nanoscale Science
Research Centers, the Energy Frontier Research
Centers, and the Energy Innovation Hubs; and
(ii) the artificial intelligence industry.
(E) Duration.--
(i) In general.--Any Center selected and
established pursuant to this paragraph is
authorized to carry out activities for a period
of 5 years.
(ii) Extension.--Such a Center may apply
for, and the Director may grant, an extension
of a grant under this paragraph for an
additional 5-year period.
(iii) Termination.--Consistent with
existing authorities of the Department, the
Secretary may terminate for cause a Center that
underperforms during the performance period.
(F) Authorization of appropriations.--There are
authorized to be appropriated for each of fiscal years
2022 through 2026 for the Department of Energy, such
sums as may be necessary such that $40,000,000 is
available for each Center established pursuant to this
paragraph during such fiscal year.
SEC. 135. REBUILD MANUFACTURING REGIONS AS NEW CRITICAL TECHNOLOGY
HUBS.
(a) Manufacturing Regions Revival Program.--
(1) In general.--The Secretary of Commerce, acting through
the Assistant Secretary of Commerce for Economic Development,
shall establish a program to be known as the ``Manufacturing
Regions Revival Program'' (in this subsection referred to as
the ``Program'') to strengthen the capacity of the United
States for manufacturing critical technologies and critical
supplies through comprehensive investment in the buildout of
regional industrial commons.
(2) Partnership to support manufacturing critical
technologies.--The Program shall include a cross-Federal
Government partnership with regions to expand manufacturing of
critical technologies using long-term planning, capacity
building, and investments in infrastructure, including site
development, collaborative research, development,
demonstration, and commercialization workforce training and
technical education, capital access, supply chain development,
and export services.
(3) Designation and support of regional consortiums.--
(A) In general.--In carrying out the Program, the
Secretary shall designate at least 50 regional
consortiums through a competitive process and provide
support to such consortiums to enable activities
described in paragraph (2) focused on critical
technologies as part of implementing inclusive,
integrated, and sustainable regional economic
development plans.
(B) Period.--Each designation under subparagraph
(A) shall be for 5 years with a process for
consideration of renewal of up to 5 more years.
(C) Requirements.--Each consortium designated under
subparagraph (A) shall--
(i) coordinate with the Hollings
Manufacturing Extension Partnership; and
(ii) prioritize economic development
activities that--
(I) support the scaling of domestic
production of federally funded and non-
federally funded research and
development of critical technologies,
including support for startups, small
and midsized businesses, and businesses
owned by socially and economically
disadvantaged, formerly incarcerated
individuals, women, veterans, and other
underserved populations;
(II) support improvement in the
security and resiliency of supply
chains related to critical technologies
and supplies critical to the crisis
preparedness of the United States, such
as medical supplies, personal
protective equipment, disaster response
necessities, electrical generation
technology, materials essential to
infrastructure repair and renovation,
and other supplies, through activities
including the reshoring of
manufacturing operations and the
adoption of technologies to improve
domestic manufacturing competitiveness;
(III) enhance opportunities for
entrepreneurship and jobs with family-
sustaining wages and benefits,
including a focus on such opportunities
for socially and economically
disadvantaged individuals, formerly
incarcerated individuals, women,
veterans, and distressed communities;
and
(IV) support investment in
dislocated and incumbent workers
leading to jobs with family sustaining
wages and benefits and high-road labor
practices, including coordination with
labor organizations on strategies and
initiatives to help workers adapt to
and benefit from technological change
and to ensure job quality as part of
any outcomes from the activities.
(4) Eligible consortia.--To be eligible for designation as
a regional consortium under paragraph (3)(A), a consortium--
(A) shall include--
(i) 1 or more institutions of higher
education;
(ii) a local or Tribal government or other
political subdivision of a State;
(iii) a representative appointed by the
Governor of the State or States that is
representative of the consortium's geographic
coverage;
(iv) an economic development organization
or similar entity that is focused primarily on
improving science, technology, innovation, and
manufacturing; and
(v) a labor organization; and
(B) may include--
(i) a nonprofit economic development entity
with relevant expertise, including a district
organization (as defined in section 300.3 of
title 13, Code of Federal Regulations, or
successor regulation);
(ii) a venture development organization;
(iii) a financial institution and investor
funds;
(iv) a primary or secondary educational
institution, including a career or technical
education school;
(v) a workforce training organization,
including a State workforce development board
as established under section 101 of the
Workforce Investment and Opportunity Act (29
U.S.C. 3111) and a community-based organization
that focuses on support for underserved and
underrepresented populations;
(vi) an industry association;
(vii) a firm in a critical technology or
critical supply area;
(viii) a national laboratory or a Federal
laboratory;
(ix) a Center (as defined in section 25(a)
of the National Institute of Standards and
Technology Act (15 U.S.C. 278k(a)); and
(x) a Manufacturing USA institute (as
described in section 34(d) of the National
Institute of Standards and Technology Act (15
U.S.C. 278s(d))).
(5) Coordination with manufacturing usa institutes.--The
Secretary shall coordinate the activities of consortia
designated under paragraph (3) and the activities of the
Manufacturing USA Program and the Manufacturing USA institutes,
if applicable.
(6) Matching requirement.--
(A) In general.--A consortium receiving support
under paragraph (3) shall provide non-Federal matching
funds equal to not less than 25 percent of the amount
of the support received under such paragraph.
(B) In-kind support.--Matching funds may include
in-kind support.
(7) Geographic distribution.--
(A) In general.--In conducting the competitive
process under paragraph (3), the Secretary shall ensure
geographic distribution in the designation of regional
consortiums--
(i) aiming to designate regional consortia
in as many regions of the United States as
possible;
(ii) focusing on regions that have clear
potential and relevant assets for developing a
critical technology but have not yet become
leading technology centers; and
(iii) developing priority scoring criteria
for making awards that give extra points to
consortiums that propose meaningful
collaboration with distressed or
deindustrialized areas within the identified
region, including rural areas within the
identified region.
(B) Spanning states.--A regional consortium
designated under paragraph (3) may include multiple
States.
(8) Interagency collaboration.--In carrying out the
Program, the Secretary--
(A) shall collaborate with Federal departments and
agencies whose missions contribute to the goals of
consortia designated under paragraph (3);
(B) may accept funds from other Federal agencies to
support grants and activities under this subsection;
and
(C) may coordinate with other Federal departments
or agencies to conduct outreach and provide technical
assistance to consortia designated under paragraph (3)
to consider application for other relevant financial
assistance available across the Federal Government.
(9) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $550,000,000
for the period of fiscal years 2021 through 2025.
(b) Authorization of Appropriations for Defense Manufacturing
Communities Program.--
(1) In general.--In order to strengthen the national
security innovation base in critical technologies, there are
authorized to be appropriated to carry out the Defense
Manufacturing Community Support Program under section 846 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2501 note)
amounts as follows:
(A) $26,750,000 for fiscal year 2021.
(B) $28,623,000 for fiscal year 2022.
(C) $30,627,000 for fiscal year 2023.
(D) $32,771,000 for fiscal year 2024.
(E) $35,065,000 for fiscal year 2025.
(2) Supplement, not supplant.--The amounts authorized to be
appropriated under paragraphs (1) shall supplement and not
supplant amounts already appropriated for the purposes
described in such paragraph.
SEC. 136. STRENGTHENING DOMESTIC SUPPLY CHAINS.
(a) Findings.--Congress makes the following findings:
(1) The COVID-19 public health crisis has exposed key
dependencies and reliance on foreign suppliers for critical
goods and inputs in the medical supply chain.
(2) The United States faces gaps in domestic supply chain
resilience in critical technologies, such as microelectronics,
that are a threat to national and economic security.
(3) The Hollings Manufacturing Extension Partnership plays
an important role in helping domestic small- and medium-sized
manufacturers be more globally competitive and strengthen
domestic supply chains.
(4) Despite this role, the United States underinvests in
the Hollings Manufacturing Extension Partnership relative to
historic Federal funding levels for the program and compared to
investments in similar manufacturing extension centers by
competitors of the United States.
(5) To respond to reliance on foreign suppliers that make
the United States vulnerable in emergencies and that threatens
national security, a major Federal commitment to the Hollings
Manufacturing Extension Partnership and related manufacturing
intermediary services is required.
(b) Requirements Relating to Hollings Manufacturing Extension
Partnership.--The Secretary of Commerce, acting through the Director of
the National Institute of Standards and Technology and the Hollings
Manufacturing Extension Partnership, shall--
(1) expand services to align the entire Hollings
Manufacturing Extension Partnership that provides industry-wide
support that assists United States manufacturers with reshoring
manufacturing to strengthen the resiliency of domestic supply
chains, including in critical technology areas and foundational
manufacturing capabilities that are key to domestic
manufacturing competitiveness and resiliency, including
forming, casting, machining, joining, surface treatment, and
tooling;
(2) in coordination with the Industrial Technology
Assistance program of the Department of Energy, assist
manufacturers with energy efficiency or carbon reduction
improvements;
(3) assist manufacturers with improvements to cybersecurity
and technology adoption, including the use of artificial
intelligence, robotics, 3D printing, cloud computing, and other
digital technologies to improve competitiveness;
(4) support programming at the Centers under section 25 of
the National Institute of Standards and Technology Act (15
U.S.C. 278k) to provide coordinating services on workforce
training, including connecting manufacturers with career and
technical education entities, institutions of higher education
(including community colleges), labor organizations, and job
training providers to develop training to upskill incumbent
workers and to provide training and job placement services to
new workers;
(5) expand advanced manufacturing technology services to
small- and medium-sized manufacturers pursuant to section 25A
of the National Institute of Standards and Technology Act (15
U.S.C. 278k-1), including services for the adoption of smart
manufacturing technologies and practices and technologies
developed by Manufacturing USA institutes (as described in
section 34(d) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(d))); and
(6) build capabilities across the Hollings Manufacturing
Extension Partnership for reshoring supply chains in critical
technologies and supplies and key manufacturing processes,
including expanded capacity for researching and deploying
information on supply chain risk, hidden costs of reliance on
offshore suppliers, redesigning products and processes to
encourage reshoring, and other relevant topics.
(c) Waiver of Hollings Manufacturing Extension Partnership Cost-
Share Requirements for States.--During fiscal year 2021 and 2022,
subsections (e)(2) and (f)(3) of section 25 of the National Institute
of Standards and Technology Act (15 U.S.C. 278k) shall not apply to a
Center (as defined in subsection (a) of such section) that is operated
by a State and no Federal cost-share requirements shall apply to any
funds appropriated pursuant to the authorizations of appropriations in
paragraphs (2) and (3) of subsection (e).
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out subsection (b) $600,000,000 for fiscal year 2021 and
for each fiscal year thereafter.
(2) Deployment of advanced manufacturing technologies.--Of
the amounts appropriated pursuant to the authorization in
paragraph (1), $50,000,000 shall be available in each fiscal
year to carry out subsection (b)(4).
(3) Supply chain research capabilities.--Of the amounts
appropriated pursuant to the authorization in paragraph (1),
$10,000,000 shall be available each fiscal year to carry out
subsection (b)(6).
SEC. 137. DEVELOPMENT OF DATA AND POLICY RECOMMENDATIONS FOR IMPROVED
DOMESTIC SUPPLY CHAIN RESILIENCY.
(a) Study Required.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Commerce shall seek to enter
into an agreement with the National Academies of Sciences, Engineering,
and Medicine (referred to in this section as the ``National
Academies'') under which the National Academies will conduct a study
on--
(1) tools and processes for the Federal Government to
collect comprehensive data on supply chains across sectors for
use in strengthening the resiliency of domestic supply chains,
including recommendations for maintaining confidentiality of
responses from companies, protections of proprietary
information, and ways of collecting such data that would not be
burdensome for respondents to ensure wide industry
participation;
(2) ways in which such data should be updated on a regular
basis and accessible for research and evaluation purposes for
the Federal Government;
(3) the development of policies and procedures for the
Federal Government to use data on supply chains for activities
to strengthen the resiliency of domestic supply chains,
including the use of data--
(A) to identify and respond to shortages in
materials or services caused by natural disasters and
other emergencies;
(B) to provide early warning of vulnerabilities in
supply chains;
(C) to facilitate the growth of new industries by
identifying firms whose capabilities could contribute
to the supply chains of these new industries;
(D) to research effective ways of selecting and
managing suppliers, including methods of evaluating a
supplier's total cost of ownership or total value
contribution;
(E) to coordinate domestic supply chains for the
purposes of achieving Buy America and Buy American
Federal requirements and domestic manufacturing
requirements for federally funded intellectual property
included in the chapter 18 of title 35, United States
Code (commonly known as the ``Bayh-Dole Act''), and
Stevenson-Wydler Act of 1980 (15 U.S.C. 3701 et seq.);
and
(F) to reshore companies critical to domestic
supply chain resiliency in critical materials and
technologies;
(4) recommendations on types of data useful to Federal
Government policies and procedures for strengthening the
resiliency of domestic supply chains; and
(5) models for establishing and maintaining networks
critical to resilient domestic supply chains to ensure the
collection and use of data that may be made up of stakeholders
that may include--
(A) private firms;
(B) institutions of higher education;
(C) labor and community organizations;
(D) trade associations;
(E) lenders and investors; and
(F) Federal, State, and local agencies.
(b) Coordination.--In carrying out the study required by subsection
(a), the National Academies shall coordinate with the heads of relevant
Federal agencies, including the Secretary of Commerce, the Secretary of
Defense, the Secretary of Energy, the Administrator of the Small
Business Administration, the Secretary of Agriculture, the Secretary of
Transportation, the Secretary of the Treasury, the Secretary of Health
and Human Services, and such others as the National Academies considers
necessary to carry out the study.
(c) Initial Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Commerce shall submit to the
President and the appropriate congressional committees an initial
report that includes--
(1) the findings of the National Academies with respect to
the study conducted under subsection (a); and
(2) such recommendations as the National Academies may have
for legislative or administrative action to improve the
collection and use of data to strengthen the resiliency of
domestic supply chains across industry sectors.
(d) Final Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Commerce shall submit to the
President and the appropriate congressional committees a comprehensive
report on the findings of the National Academies with respect to the
study required by subsection (a).
(e) Form of Reports.--The reports submitted to the appropriate
congressional committees under subsections (b) and (c) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 138. CAPITAL INVESTMENT FOR DOMESTIC PRODUCTION.
(a) Definitions.--In this section:
(1) Company.--The term ``company'' has the meaning given
such term in section 847 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92).
(2) Domestic.--The term ``domestic'' means a company
incorporated or formed in the United States--
(A) that is not under foreign ownership, control,
or influence (FOCI);
(B) whose beneficial owners are United States
persons;
(C) whose management are United States citizens;
(D) whose principal place of business is in the
United States; and
(E) who is not--
(i) a foreign incorporated entity that is
an inverted domestic corporation or any
subsidiary of such entity; or
(ii) any joint venture if more than 10
percent of the joint venture (by vote or value)
is held by a foreign incorporated entity that
is an inverted domestic corporation or any
subsidiary of such entity.
(b) Authorizations of Appropriations for Department of Defense
Programs To Support Development and Production of Critical
Technologies.--To support the commercialization of federally funded
research and development and the scaling of domestic production of
critical technologies and supplies, there are authorized to be
appropriated amounts as follows:
(1) National security innovation capital program.--For the
National Security Innovation Capital program under section 230
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note),
including investment to scale domestic production of research
and technology development of dual-use critical technologies,
the following amounts:
(A) For fiscal year 2021, $15,000,000.
(B) For fiscal year 2022, $16,050,000.
(C) For fiscal year 2023, $17,174,000.
(D) For fiscal year 2024, $18,376,000.
(E) For fiscal year 2025, $19,662,000.
(2) Rapid innovation program.--To carry out the Rapid
Innovation Program (RIP) under section 1073 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 10 U.S.C. 2359a note), the following amounts:
(A) For fiscal year 2021, $250,000,000.
(B) For fiscal year 2022, $267,500,000.
(C) For fiscal year 2023, $286,250,000.
(D) For fiscal year 2024, $306,261,000.
(E) For fiscal year 2025, $327,699,000.
(3) Title iii of the defense production act.--To carry out
title III of the Defense Production Act (50 U.S.C. 4531 et
seq.), the following amounts:
(A) For fiscal year 2021, $100,000,000.
(B) For fiscal year 2022, $100,000,000.
(C) For fiscal year 2023, $200,000,000.
(D) For fiscal year 2024, $300,000,000.
(E) For fiscal year 2025, $300,000,000.
(4) Industrial base analysis and sustainment.--To carry out
the Industrial Base Analysis and Sustainment program under
section 2508 of title 10, United States Code, the following
amounts:
(A) For fiscal year 2021, $111,335,000.
(B) For fiscal year 2022, $119,128,000.
(C) For fiscal year 2023, $127,467,000.
(D) For fiscal year 2024, $136,390,000.
(E) For fiscal year 2025, $145,937,000.
(5) Manufacturing technology program.--To carry out the
Manufacturing Technology Program under subchapter IV of chapter
148 of title 10, United States Code, the following amounts:
(A) For fiscal year 2021, $140,080,000.
(B) For fiscal year 2022, $149,886,000.
(C) For fiscal year 2023, $160,378,000.
(D) For fiscal year 2024, $171,604,000.
(E) For fiscal year 2025, $183,616,000.
(c) Supplement, Not Supplant.--The amounts authorized to be
appropriated under paragraphs (1) through (5) of subsection (b) shall
supplement and not supplant amounts already appropriated for the
purposes described in such paragraphs.
(d) Focus on Startup, Small, and Mid-Sized Companies.--The
Secretary of Defense shall establish policies to focus funding
authorized under this section to meet the needs of startup, small, and
mid-sized companies in commercializing Federal research and development
and scaling domestic manufacturing.
SEC. 139. IMPROVED PROCESS FOR PREFERENCE FOR DOMESTIC MANUFACTURING OF
TECHNOLOGIES DEVELOPED AT GOVERNMENT EXPENSE.
(a) Title 35, United States Code.--Section 204 of title 35, United
States Code, is amended--
(1) in the first sentence, by striking ``Notwithstanding
any other provision of this chapter,'' and inserting the
following:
``(a) In General.--Notwithstanding any other provision of this
chapter, and subject to subsection (b),'';
(2) by striking the second sentence; and
(3) by adding at the end the following:
``(b) Waivers.--
``(1) In general.--In individual cases, and consistent with
the policies and procedures developed under paragraph (2), the
requirement for an agreement described in subsection (a) may be
waived upon a showing by the applicable small business firm,
nonprofit organization, or assignee that reasonable but
unsuccessful efforts have been made to grant licenses on
similar terms to potential licensees that would be likely to
manufacture substantially in the United States or that under
the circumstances domestic manufacture is not commercially
feasible.
``(2) Implementation.--The Secretary of Commerce shall
develop policies and procedures that, to the greatest extent
practicable, promote uniformity with respect to the issuance of
a waiver under paragraph (1), which shall include the
following:
``(A) Policies and procedures to promote
transparency and clarity with respect to the issuance
of those waivers, including the means by which a small
business firm, nonprofit organization, or assignee
described in that paragraph may make the showing
required under that paragraph.
``(B) The development of a Government-wide
application process through which waivers are issued
under that paragraph, which shall require--
``(i) the person seeking the waiver to
submit to the Federal agency under whose
funding agreement the applicable subject
invention was made a request for the waiver;
``(ii) the Federal agency to which a
request is submitted under clause (i) to
forward that request to the Secretary; and
``(iii) the Secretary, during the 120-day
period beginning on the date on which the
Secretary receives the request under clause
(ii), to--
``(I) consult with the Federal
agency forwarding the request, and any
other Federal agency the Secretary
determines appropriate, regarding
whether the waiver should be issued;
and
``(II) determine whether to issue
the waiver, taking into consideration
the consultation required under
subclause (I).
``(C) Policies and procedures to--
``(i) collect information from the person
seeking the waiver on the capabilities required
of the applicable licensee to manufacture in
the United States; and
``(ii) before issuing the waiver, utilize
the information collected under clause (i) to,
in coordination with the Hollings Manufacturing
Extension Partnership established under section
25(b) of the National Institute of Standards
and Technology Act (15 U.S.C. 278k(b)) and
other relevant Federal programs, identify
domestic manufacturers that are capable and
willing to manufacture in the United States the
applicable product that embodies the subject
invention (or that is produced through the use
of the subject invention).
``(c) Reports.--Not later than 1 year after the date of enactment
of this subsection, and annually thereafter, the Secretary of Commerce
shall submit to Congress a report regarding the issuance of waivers
under subsection (b), which shall include--
``(1) the total number of those waivers issued during the
period covered by the report, which shall include, for each
such waiver, an identification of--
``(A) the nation in which the applicable product
that embodies the subject invention (or that is
produced through the use of the subject invention) will
be substantially manufactured; and
``(B) the Federal agency under whose funding
agreement the applicable subject invention was made;
``(2) the total number of requests submitted under
subsection (b)(2)(B)(i) during the period covered by the
report; and
``(3) during the period covered by the report, a breakdown
of the number of requests that each Federal agency received
under subsection (b)(2)(B)(i).''.
(b) Stevenson-Wydler Technology Innovation Act of 1980.--
(1) In general.--Section 12(c)(4) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)(4)) is
amended--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
(B) in the matter preceding clause (i), as so
redesignated, by inserting ``(A)'' after ``(4)''; and
(C) by adding at the end the following:
``(B) The Secretary shall develop policies and procedures that, to
the greatest extent practicable, promote uniformity across the Federal
Government with respect to the implementation of subparagraph (A).''.
(2) Technical and conforming amendment.--Section
12(b)(1)(C)(iii) of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3710a(b)(1)(C)(iii)) is amended by
striking ``subsection (c)(4)(B)'' and inserting ``subsection
(c)(4)(A)(ii)''.
SEC. 140. COMPARATIVE ANALYSIS OF CHINESE AND UNITED STATES INVESTMENTS
IN RESEARCH AND MANUFACTURING IN AREAS CRITICAL TO THE
NATIONAL DEFENSE STRATEGY.
(a) In General.--The Secretary of Defense shall conduct a
comparative assessment of the budgets and investment programs in each
critical technology area supporting the National Defense Strategy of
the United States and the People's Republic of China and provide to the
congressional defense committees, not later than 180 days after the
date of the enactment of this Act, a report on the assessment, in both
classified and unclassified form as necessary.
(b) Elements.--The assessment and report required under subsection
(a) shall include the following elements:
(1) A comparison of investment levels in research and
relevant testing and research infrastructure, manufacturing,
prototyping, and procurement by government and any relevant
private sector organization.
(2) A comparative assessment of capabilities of national
security systems likely to be in use within the next 10 years.
SEC. 141. TECHNICAL DATA RIGHTS FOR TECHNOLOGIES DEVELOPED AT
GOVERNMENT EXPENSE THAT HAVE BEEN TRANSFERRED OVERSEAS
FOR MANUFACTURING AND PRODUCTION.
Section 2320(a)(2)(E) of title 10, United States Code, is amended--
(1) by redesignating clause (iv) as clause (v); and
(2) by inserting after clause (iii) the following new
clause:
``(iv) Enabling the Government to ensure that to
the greatest extent practicable all technologies and
systems under procurement by the Department of Defense
that were developed with mixed funding be manufactured
within the national technology and industrial base (as
that term is defined in section 2500 of this title) or
with other allied nations and not be provided to
companies (as defined in section 847 of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92)) under foreign ownership, control, or
influence (as defined in such section 847), of a malign
foreign actor, unless specifically authorized by the
Secretary of Defense or another provision of law.''.
SEC. 142. REQUIREMENT TO BUY CERTAIN ARTICLES FROM UNITED STATES AND
FRIENDLY NATION SOURCES.
(a) Definitions.--In this section:
(1) Beneficial owner; beneficial ownership.--The terms
``beneficial owner'' and ``beneficial ownership'' shall be
determined in a manner that is not less stringent than the
manner set forth in section 240.13d-3 of title 17, Code of
Federal Regulations (as in effect on the date of the enactment
of this Act).
(2) Company.--The term ``company'' means any corporation,
company, limited liability company, limited partnership,
business trust, business association, or other similar entity.
(3) Covered contractor.--The term ``covered contractor''
means--
(A) a company that is not incorporated or formed in
the United States;
(B) a company whose management are not United
States citizens;
(C) a company whose principal place of business is
not in the United States;
(D) any foreign incorporated company that is an
inverted domestic corporation or any subsidiary of such
company; or
(E) any joint venture if more than 10 percent of
the joint venture (by vote or value) is held by a
foreign incorporated company that is an inverted
domestic corporation or any subsidiary of such company.
(4) Foreign ownership, control, or influence; foci.--The
terms ``foreign ownership, control, or influence'' and ``FOCI''
have the meanings given those terms in the National Industrial
Security Program Operating Manual (DOD 5220.22-M), or a
successor document.
(5) National technology and industrial base.--The term
``national technology and industrial base'' has the meaning
given the term in section 2500 of title 10, United States Code.
(b) Domestic Sourcing Requirement.--The Secretary of Defense shall
establish procurement policies to ensure that, except as provided under
subsections (c) through (f), or as otherwise provided under law, funds
appropriated or otherwise available to the Department of Defense may
not be used for the procurement of any product, good, or service from a
covered contractor, including contracts, subcontracts, and other
transactions for the procurement of commercial products,
notwithstanding section 1906 of title 41, United States Code.
(c) Waivers To Use Sources in the National Technology and
Industrial Base.--The Secretary of Defense shall establish a waiver
process to ensure that products, goods, or services that cannot be
procured under the requirements of subsection (b) in satisfactory
quality and sufficient quantity as and when needed at United States
fair market prices, may be procured as needed for the specific
procurement from companies--
(1) that are not under foreign ownership, control, or
influence (FOCI) of a malign foreign actor;
(2) whose beneficial owners are known to the Secretary; and
(3) that are in the national technology and industrial
base.
(d) Waivers To Use Sources in Other Allied or Friendly Nations.--
The Secretary of Defense shall establish a waiver process to ensure
that products, goods, or services that cannot be procured under the
requirements of subsection (b) or subsection (c) in satisfactory
quality and sufficient quantity as and when needed at United States
fair market prices, may be procured from companies in other allied or
friendly nations, as designated for the specific procurement, so long
as the Secretary ensures that such company is not under FOCI of a
malign foreign actor or such company is not beneficially owned by a
malign foreign actor.
(e) Waiver To Use Alternative Sources.--The Secretary of Defense
shall establish a waiver process to ensure that products, goods, or
services that cannot be procured under the requirements of subsection
(b), (c), or (d) in satisfactory quality and sufficient quantity as and
when needed at United States fair market prices, may be procured from a
company, as designated for the specific procurement.
(f) Exceptions for Certain Procurements.--The requirement under
subsection (b) does not apply to procurements--
(1) outside the United States in support of combat
operations;
(2) of any item in support of contingency operations or
other emergencies;
(3) for which the use of procedures other than competitive
procedures has been approved on the basis of section 2304(c)(2)
of title 10, United States Code, relating to unusual and
compelling urgency of need;
(4) for amounts not greater than the simplified acquisition
threshold referred to in section 2304(g) of such title; or
(5) whose sourcing is limited by other provisions of law,
international agreement, or treaty obligations.
(g) Requirement for Activities To Establish Domestic Sources.--If
the Secretary of Defense issues a waiver under subsections (c), (d), or
(e), the Secretary shall, not later than 90 days after issuing the
waiver, provide a notification to the congressional defense committees
of such waiver, along with a justification for the use of the waiver
and a plan to establish domestic sources for the specific product,
good, or service that was the subject of the waiver, if determined
appropriate.
(h) Reporting on Use of Waiver Authority.--The Secretary of Defense
shall report to Congress and post on a public website each fiscal
quarter usage of the waivers authorized under subsections (c), (d), and
(e).
SEC. 143. PROMOTING DOMESTIC PRODUCTION OF TECHNOLOGIES DEVELOPED UNDER
DEFENSE RESEARCH AND DEVELOPMENT ACTIVITIES.
(a) Definitions.--In this section:
(1) Beneficial owner; beneficial ownership.--The terms
``beneficial owner'' and ``beneficial ownership'' shall be
determined in a manner that is not less stringent than the
manner set forth in section 240.13d-3 of title 17, Code of
Federal Regulations (as in effect on the date of the enactment
of this Act).
(2) Company.--The term ``company'' means any corporation,
company, limited liability company, limited partnership,
business trust, business association, or other similar entity.
(3) Domestic.--The term ``domestic'', with respect to
development or production, means development or production by,
or with respect to source means the source is, a company
incorporated or formed in the United States--
(A) that is not under foreign ownership, control,
or influence;
(B) whose beneficial owners are United States
persons;
(C) whose management are United States citizens;
(D) whose principal place of business is in the
United States; and
(E) who is not--
(i) a foreign incorporated entity that is
an inverted domestic corporation or any
subsidiary of such entity; or
(ii) any joint venture if more than 10
percent of the joint venture (by vote or value)
is held by a foreign incorporated entity that
is an inverted domestic corporation or any
subsidiary of such entity.
(4) Foreign ownership, control, or influence; foci.--The
terms ``foreign ownership, control, or influence'' and ``FOCI''
have the meanings given those terms in the National Industrial
Security Program Operating Manual (DOD 5220.22-M), or a
successor document.
(b) In General.--The Secretary of Defense shall establish policies
to promote the domestic production and for secure supply chains of
technologies developed under section 2358 of title 10, United States
Code.
(c) Elements.--The policies developed under subsection (b) shall
include the following:
(1) Measures to partner domestic developers of technologies
under defense research and development activities with domestic
manufacturers and sources of financing, as well as to assure
secure supply chain management for any non-domestic
manufacturers.
(2) Measures to prioritize procurement of technologies
developed under defense research and development activities
from domestic sources.
(3) Requirements that all contracts, transactions, and
agreements entered into under section 2358(b) of title 10,
United States Code, shall include conditions where developers
of technologies under defense research and development activity
who manufacture such technology outside the United States may
be required to refund to the United States an appropriate
amount of funding, which shall include the present value of the
future value lost by the United States as a result of such
technology being manufactured outside the United States, under
reasonable conditions and procedures determined by the
Secretary in the interest of protecting taxpayers.
(4) Requirements that technical data developed under
defense research and development activities may be transferred
by the Department of Defense for the purpose of domestic
manufacturing for procurement activities of the Department of
Defense.
SEC. 144. COMPARATIVE ANALYSIS OF EFFORTS BY THE PEOPLE'S REPUBLIC OF
CHINA AND THE UNITED STATES TO RECRUIT AND RETAIN
RESEARCHERS.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek to
enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine to perform the services
covered by this section.
(2) Timing.--The Secretary shall seek to enter into the
agreement described in paragraph (1) not later than 60 days
after the date of the enactment of this Act.
(b) Review.--
(1) In general.--Under an agreement between the Secretary
and the National Academies of Sciences, Engineering, and
Medicine under this section, the National Academies of
Sciences, Engineering, and Medicine shall carry out a
comparative analysis of efforts by the People's Republic of
China and the United States to recruit and retain domestic and
foreign researchers and develop recommendations for the
Department of Defense.
(2) Elements.--The comparative analysis carried out under
paragraph (1) and the recommendations developed under such
paragraph shall include the following:
(A) A list of the so called ``talent programs''
used by the Government of China and a list of the
incentive programs used by the United States Government
to recruit and retain relevant researchers.
(B) The types of researchers, scientists, other
technical experts, and fields targeted by each talent
program listed under subparagraph (A).
(C) The number of researchers in academia, the
Department of Defense Science and Technology
Reinvention Laboratories, and national security science
and engineering programs of the National Nuclear
Security Administration targeted by the talent programs
listed under subparagraph (A).
(D) The number of personnel currently participating
in the talent programs listed under subparagraph (A)
and the number of researchers currently participating
in the incentive programs listed under such
subparagraph.
(E) The incentives offered by each of the talent
programs listed under subparagraph (A) and a
description of the incentives offered through incentive
programs under such subparagraph to recruit and retain
researchers, scientists, and other technical experts.
(F) A characterization of the national security,
economic, and scientific benefits the People's Republic
of China gains through the talent programs listed under
subparagraph (A) and a description of similar gains
accrued to the United States through incentive programs
listed under such subparagraph.
(G) A list of findings and recommendations relating
to policies that can be implemented by the United
States Government, especially the Department of
Defense, to improve the relative effectiveness of
United States activities to recruit and retain
researchers, scientists, and other technical experts
relative to the Government of China.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
the execution of an agreement under subsection (a), the
National Academies of Sciences, Engineering, and Medicine shall
submit to the congressional defense committees (as that term is
defined in section 101(a)(16) of title 10, United States Code)
a report on the findings with respect to the review carried out
under this section and the recommendations developed under this
section.
(2) Form.--The report submitted under paragraph (1) shall
be submitted in a publicly releasable and unclassified format,
but may include a classified annex.
SEC. 145. DEPARTMENT OF DEFENSE COOPERATIVE TECHNICAL TALENT PROTECTION
PROGRAM.
(a) In General.--The Secretary of Defense, in consultation with the
Secretary of State, may carry out a program with respect to foreign
countries, to be known as the ``Department of Defense Cooperative
Technical Talent Protection Program'' (referred to in this section as
the ``Program''), to carry out the following activities:
(1) Facilitate the attraction and retention of individuals
with technical talent in critical national security
technologies in the United States and allied countries, while
preventing such individuals from inappropriately partnering
with or working for--
(A) the Government of China and organizations
associated with the Government of China; and
(B) other governments of countries of concern and
associated organizations.
(2) Prevent the proliferation of advanced national security
and commercial technologies, knowledge, and expertise to the
People's Republic of China and other countries of concern.
(3) Prevent the proliferation of materials, equipment, and
technology that could be used for the design, development,
production, or use of technologies critical to the national or
economic security of the People's Republic of China and other
countries of concern.
(4) Subject to subsection (e), carry out military-to-
military and defense contacts with allied and friendly
countries to advance the mission of the Program.
(5) Establish procedures and measures to ensure that any
sensitive information or technology or knowledge acquired by a
participant of the Program, as a result of participating in the
Program, is not used against the United States Government or
shared with malign foreign actors.
(b) Scope of Authority.--The authority under this section includes
the authority to provide employment, fellowships and other educational
opportunities, equipment, goods, services, and funding for, or related
to, a project or activity carried out under the Program.
(c) Type of Program.--The Program may involve assistance in
planning and resolving technological problems or issues, the resolution
of which is associated with promoting economic growth or supporting
national security for the United States or allied countries.
(d) Reimbursement of Other Agencies.--The Secretary of Defense may
reimburse the head of any other Federal department or agency for the
costs of the Federal department or agency for participation in the
Program.
(e) Military-to-Military and Defense Contacts.--The Secretary of
Defense shall ensure that the military-to-military and defense contacts
carried out under subsection (a)(4)--
(1) are focused and expanded to support specific
relationship-building opportunities that may lead to the
development of the Program in a new geographic area and the
achievement other benefits of the Program;
(2) are directly administered under the Program; and
(3) include cooperation and coordination with appropriate
Federal departments and agencies, private sector partners,
allied countries, and international organizations.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Research, Development, Test and Evaluation,
Defense-Wide account to carry out this section $400,000,000 for the
period of fiscal years 2021 through 2025.
SEC. 146. EMPLOYMENT OF EXPERTS BY DEPARTMENT OF DEFENSE LABORATORIES
AND THE DEFENSE ADVANCED RESEARCH PROJECTS AGENCY.
(a) In General.--An individual may be employed as a full-time or
term employee at a Science and Technology Reinvention Laboratory if the
individual--
(1) is a citizen or national of the United States (as
defined in section 101(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)));
(2) is an alien lawfully admitted for permanent residence
(as the terms are defined in such section);
(3) is an alien who the Secretary of Defense determines to
be an expert in a technical field and determines would
positively contribute to the mission of a Science and
Technology Reinvention Laboratory or the Defense Advanced
Research Projects Agency; or
(4) meets such criteria as the Director of the Defense
Advanced Research Projects Agency or Secretary of a Military
Department may establish.
(b) Development of Hiring Policies and Expedited Procedures.--The
Secretary of Defense shall develop policies and expedited procedures
for the employment of individuals described in subsection (a) that--
(1) for the period during which security clearances for
such employees are pending, establish job functions that do not
require security clearances;
(2) establish procedures for exchanging personnel with
private sector research organizations (including universities,
university-affiliated research centers, and federally funded
research and development centers) to enable such employees to
support defense missions during such period by carrying out
research and technical activities that do not require security
clearances;
(3) provide limited access authorization for such
employees, as necessary, to perform classified work;
(4) assist such employees to obtain lawful permanent
resident status or United States citizenship, as applicable;
and
(5) ensure that sensitive information or technology or
knowledge acquired by such employees as a result of such
employment is not used against the United States Government or
shared with malign foreign actors.
SEC. 147. ANALYSIS OF DEFENSE INDUSTRIAL BASE AND STEM FELLOWSHIPS,
SCHOLARSHIPS, INTERNSHIPS, TRAINEESHIPS, AND
APPRENTICESHIPS.
(a) Analysis of Financial Status of Defense Industrial Base.--
(1) In general.--The Secretary of Defense shall conduct an
analysis of--
(A) the financial status of the defense industrial
base and develop predictive modeling capabilities to
enable the Secretary to understand what sectors and
suppliers in the defense industrial base are under
stress and need financial support, including as a
result of the COVID-19 pandemic; and
(B) the readiness of the domestic workforce to
ensure a resilient defense industrial base, including
coordination with labor organizations and education and
training providers to assess gaps in training and
education availability to achieve such readiness.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary such sums as may be
necessary to carry out this subsection.
(b) STEM Fellowships, Scholarships, Internships, Traineeships, and
Apprenticeships.--
(1) In general.--The Secretary may establish such
fellowships, scholarships for service, internships,
traineeships, and apprenticeships in the fields of science,
technology, engineering, and mathematics as the Secretary
considers appropriate to support United States competition with
the People's Republic of China.
(2) Diversity and inclusion.--For any programs established
in paragraph (1), the Secretary shall develop priorities for
use of such programs to improve diversity and inclusion within
the workforce in support of the defense industrial base,
including expanding career pathways for socially and
economically disadvantaged individuals, formerly incarcerated
individuals, women, veterans, and other underrepresented
populations.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary such sums as may be
necessary to carry out this subsection.
SEC. 148. NEW TECHNOLOGY DEVELOPMENT IN SUPPORT OF THE NATIONAL DEFENSE
STRATEGY.
(a) Authorization of Appropriations.--For the Central Test and
Evaluation Investment Program (CTEIP) for test and evaluation
infrastructure to support new technology development for the National
Defense Strategy, there are authorized to be appropriated amounts as
follows:
(1) For fiscal year 2021, $418,040,000.
(2) For fiscal year 2022, $447,303,000.
(3) For fiscal year 2023, $478,614,000.
(4) For fiscal year 2024, $512,117,000.
(5) For fiscal year 2025, $547,965,000.
(b) Supplement, Not Supplant.--The amounts authorized to be
appropriated under subsection shall supplement and not supplant amounts
already appropriated for the purposes described in such subsection.
SEC. 149. USE OF THE DEFENSE PRODUCTION ACT TO INVEST IN ALUMINUM
PRODUCTION CAPACITY IN THE UNITED STATES.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) The Committee on Armed Services of the Senate
and the House of Representatives; and
(B) The Committee on Financial Services of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
(2) National defense.--The term ``national defense'' shall
have the same meaning as such term under section 702 of the
Defense Production Act of 1950 (50 U.S.C. 4552).
(b) Sense of Congress.--It is the sense of Congress that,
consistent with any determinations made pursuant to section 101 of the
Defense Production Act of 1950 (50 U.S.C. 4511), the refining of
aluminum and the development of processing and manufacturing
capabilities for aluminum, including a geographically diverse set of
such capabilities, may have important implications for the defense
industrial base and the national defense.
(c) Report.--Not later than September 30, 2021, the Secretary of
Defense shall submit to the appropriate congressional committees a
report on--
(1) how authorities under the Defense Production Act of
1950 (U.S.C. 4501 et seq.) could be used to provide incentives
to increase activities relating to refining aluminum and the
development of processing and manufacturing capabilities for
aluminum; and
(2) whether a new initiative would further the development
of such processing and manufacturing capabilities for aluminum.
SEC. 150. DOMESTIC REQUIREMENTS FOR ALUMINUM.
(a) Designation of Aluminum as Specialty Metal.--Section 2533b(l)
of title 10, United States Code, is amended by adding at the end of the
following new paragraph:
``(5) Aluminum and aluminum alloys.''.
(b) Federal Highway Administration.--Section 313(a) of title 23,
United States Code, is amended by striking ``unless steel, iron, and
manufactured products'' and inserting ``unless steel, iron, aluminum,
and manufactured products''.
(c) Federal Transit Administration.--Section 5323(j) of title 49,
United States Code, is amended--
(1) in paragraph (1), by striking ``only if the steel,
iron, and manufactured goods'' and inserting ``only if the
steel, iron, aluminum, and manufactured goods'';
(2) in paragraph (2)(B), by striking ``steel, iron, and
goods'' and inserting ``steel, iron, aluminum, and manufactured
goods'';
(3) in paragraph (5), by striking ``or iron'' and inserting
``, iron, or aluminum'';
(4) in paragraph (6)(A)(i), by inserting ``, aluminum''
after ``iron'';
(5) in paragraph (10), by inserting ``, aluminum'' after
``iron''; and
(6) in paragraph (12)--
(A) in the paragraph heading by striking ``AND
IRON'' and inserting ``, IRON, AND ALUMINUM''; and
(B) by striking ``and iron'' and inserting ``,
iron, and aluminum''.
(d) Federal Railroad Administration.--Section 22905(a) of title 49,
United States Code, is amended--
(1) in paragraph (1), by striking ``only if the steel,
iron, and manufactured goods'' and inserting ``only if the
steel, iron, aluminum, and manufactured products'';
(2) in paragraph (2)(B), by inserting ``, aluminum'' after
``iron''; and
(3) in paragraph (9), by inserting ``, aluminum'' after
``iron.''
(e) Federal Aviation Administration.--Section 50101(a) of title 49,
United States Code, is amended by striking ``steel and manufactured
goods'' and inserting ``steel, aluminum, and manufactured goods''.
(f) Amtrak.--Section 24305(f)(2) of title 49, United States Code,
is amended by inserting ``, including aluminum,'' after ``supplies''
each place it appears.
SEC. 151. QUALITY WAGE PROTECTIONS FOR FEDERAL INVESTMENTS.
(a) Davis-Bacon Act.--
(1) In general.--Notwithstanding any other provision of
law, for fiscal year 2021 and each fiscal year thereafter, all
laborers and mechanics employed by contractors or
subcontractors on projects assisted in whole or in part under
section 103, 114, 125, 126, 131, 132, 133, 134, 135, 136, 138,
147, 148, 149, 150, 169, 170, 171, or 172, or part II of this
subtitle, without regard to the form or type of Federal
assistance provided under such section or part, shall be paid
wages at rates not less than those prevailing on projects of a
similar character in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of chapter
31 of title 40, United States Code (commonly known as the
``Davis-Bacon Act'').
(2) Authority.--With respect to the labor standards
specified in paragraph (1), the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
3145 of title 40, United States Code.
(b) Service Employees.--
(1) In general.--Notwithstanding any other provision of
law, for fiscal year 2021 and each fiscal year thereafter, all
service employees, including service employees that are routine
operations workers or routine maintenance workers, who are not
covered under subsection (a) and are employed by contractors or
subcontractors on projects assisted in whole or in part under
section 103, 114, 125, 126, 131, 132, 133, 134, 135, 136, 138,
147, 148, 149, 150, 169, 170, 171, or 172, or part II of this
subtitle, without regard to the form or type of Federal
assistance provided under such section or part, shall be paid a
wage and fringe benefits that are not less than the minimum
wage and fringe benefits established in accordance with chapter
67 of title 41, United States Code (commonly known as the
``Service Contract Act'').
(2) Definition of service employee.--In this subsection,
the term ``service employee''--
(A) means an individual engaged in the performance
of a project assisted in whole or in part under section
103, 114, 125, 126, 131, 132, 133, 134, 135, 136, 137,
146, 147, 148, 149, 169, 170, 171, or 172, or part II
of this subtitle, without regard to the form or type of
Federal assistance provided under such section or part,
the principal purpose of which is to furnish services
in the United States;
(B) includes an individual without regard to any
contractual relationship alleged to exist between the
individual and a contractor or subcontractor; but
(C) does not include an individual employed in a
bona fide executive, administrative, or professional
capacity, as those terms are defined in part 541 of
title 29, Code of Federal Regulations.
(3) Authority.--With respect to paragraphs (1) and (2), the
Secretary of Labor shall have the authority and functions set
forth in chapter 67 of title 41, United States Code.
(c) Minimum Wage and Overtime.--Notwithstanding any other provision
of law, for fiscal year 2021 and each fiscal year thereafter, all
employees who are not covered under subsection (a) and are employed,
including such employees employed by contractors or subcontractors, on
projects assisted in whole or in part under section 103, 114, 125, 126,
131, 132, 133, 134, 135, 136, 138, 147, 148, 149, 150, 169, 170, 171,
or 172, or part II of this subtitle, without regard to the form or type
of Federal assistance provided under such section or part, shall be
paid a wage of not less than $15 per hour and receive overtime pay of
one-and-one-half times their regular rate of pay for all hours worked
in excess of 40 hours per workweek if they are paid at a rate of less
than $51,000 on an annual basis.
SEC. 152. COVID-19 CRITICAL MEDICAL SUPPLY CHAIN TRANSPARENCY.
(a) Oversight of Current Activity and Needs.--
(1) Response to immediate needs.--Not later than 60 days
after the date of the enactment of this Act, the Administrator
of the Federal Emergency Management Agency, in coordination
with the Director of the Defense Logistics Agency, the
Secretary of Health and Human Services, the Secretary of
Veterans Affairs, and heads of other Federal agencies (as
appropriate), shall submit to the appropriate congressional
committees a report assessing the immediate needs described in
paragraph (2) to combat the COVID-19 pandemic and the plan for
meeting those immediate needs.
(2) Assessment.--The report required by paragraph (1) shall
include--
(A) an assessment of the amount of critical
supplies necessary to address the needs of the
population of the United States infected by the virus
SARS-CoV-2 that causes COVID-19 and to prevent further
spread of COVID-19 throughout the United States;
(B) based on best available scientific and
epidemiological evidence and meaningful consultations
with relevant stakeholders and scientific experts, an
assessment of the need for personal protective
equipment, durable medical equipment, and other
critical supplies required by--
(i) health professionals, health workers,
and staff in health care settings;
(ii) workers in industries and sectors
described in the ``Advisory Memorandum on
Identification of Essential Critical
Infrastructure Workers during the COVID-19
Response'' issued by the Director of
Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security
on April 17, 2020 (and any expansion of
industries and sectors included in updates to
such advisory memorandum); and
(iii) other workers determined to be
essential based on such consultation and review
of evidence;
(C) an assessment of the quantities of critical
supplies in working order and the quantities of such
supplies in need of repair and refurbishment in the
Strategic National Stockpile (established under section
319F-2 of the Public Health Service Act (42 U.S.C.
247d-6b(a)(1))) as of the date of the report, and the
projected gap between the quantities of critical
supplies identified as needed in the assessments under
subparagraphs (A) and (B) and the quantities of such
supplies in the Strategic National Stockpile;
(D) an identification of the industry sectors and
manufacturers most ready to fulfill purchase orders for
such supplies (including manufacturers that may be
incentivized) through the exercise of authority under
section 303(e) of the Defense Production Act of 1950
(50 U.S.C. 4533(e)) to modify, expand, or improve
production processes to manufacture such supplies to
respond immediately to a need identified in
subparagraph (A) or (B);
(E) an identification of Federal Government-owned
and non-Federal Government-owned (including privately
owned) stockpiles of critical supplies not included in
the Strategic National Stockpile, and an assessment of
the quantities of such supplies that are in working
order and the quantities of such supplies that could be
repaired or refurbished;
(F) an identification of previously distributed
critical supplies that can be redistributed based on
current need;
(G) a description of any exercise of the
authorities under the Defense Production Act of 1950
(50 U.S.C. 4501 et seq.) that relate to the procurement
of critical supplies; and
(H) an identification of critical areas of need, by
county and by areas identified by the Indian Health
Service, in the United States and the metrics and
criteria for identification as a critical area.
(3) Plan.--The report required by paragraph (1) shall
include a plan for meeting the immediate needs to combat the
COVID-19 pandemic, including each need and gap identified
through the assessment under paragraph (2). Such plan shall
include--
(A) a list of each contract the Federal Government
has entered into to meet such needs, including the
purpose of each contract, the type and amount of
equipment, supplies, or services to be provided under
the contract, the entity fulfilling such contract, and
the dollar amount of each contract;
(B) a list of each contract that the Federal
Government intends to enter into within 14 days after
submission of such report, including the information
described in paragraph (2) for each such contract; and
(C) whether any of the contracts described in
subparagraph (A) or (B) have or will have a priority
rating under the Defense Production Act of 1950 (50
U.S.C. 4501 et seq.), including purchase orders
pursuant to Department of Defense Directive 4400.1,
part 101, subpart A of title 45, Code of Federal
Regulations, or any other applicable authority.
(4) Additional requirements.--The report required by
paragraph (1), and each update required by paragraph (5), shall
include--
(A) a list of any requests for critical supplies
from State or local governments and Indian Tribes, and
an accompanying list of the employers and unions and
other stakeholders consulted in developing these
requests;
(B) a detailed description and explanation of data
sources and any modeling or formulas used to determine
allocation of critical supplies, and any discrepancies
between such supplies requested as described in
subparagraph (A) and such supplies provided in all
allocations;
(C) the date, amount and destination of such
supplies requested under subparagraph (A) delivered;
(D) an explanation of why any portion of any
contract, whether to replenish the Strategic National
Stockpile or otherwise, will not be filled;
(E) a list of products procured pursuant to a
contract described in paragraph (3)(A), the percentage
of such products that are used to replenish the
Strategic National Stockpile, that are targeted to
COVID-19 hotspots, and that are used for the commercial
market;
(F) metrics, formulas, and criteria used to
determine COVID-19 hotspots or areas of critical need
for a State, county, or an area identified by the
Indian Health Service;
(G) production and procurement benchmarks, where
practicable;
(H) a description of the range of prices for
critical supplies that are subject to shortages,
purchased by, transported by, or otherwise known to,
the Federal Government, identifying all such prices
that exceed the prevailing market prices of such
supplies prior to March 1, 2020, and any actions taken
by the Federal Government under section 102 of the
Defense Production Act of 1950 (50 U.S.C. 4512) or
other provisions of law to prevent hoarding of such
supplies and charging of such increased prices between
March 1, 2020, and the date of the submission of the
first report required by paragraph (1), and, for all
subsequent reports, within each reporting period; and
(I) results of the consultation with the relevant
stakeholders required by paragraph (2)(B).
(5) Updates.--The Administrator of the Federal Emergency
Management Agency, in coordination with Director of the Defense
Logistics Agency, the Secretary of Health and Human Services,
the Secretary of Veterans Affairs, and heads of other Federal
agencies (as appropriate), shall update such report every
quarter.
(6) Public availability.--The Administrator of the Federal
Emergency Management Agency shall make the report required by
this subsection, including each update required by paragraph
(5) available to the public, including on a publicly accessible
website of the Federal Government.
(7) Sunset.--The requirements of this subsection shall
terminate on the later of--
(A) December 31, 2021; or
(B) the end of the COVID-19 emergency period.
(b) Reporting on Exercise of Authorities Under the Defense
Production Act of 1950.--
(1) Report required.--
(A) In general.--Not later than 60 days after the
date of the enactment of this Act, and every 90 days
thereafter, the Administrator of the Federal Emergency
Management Agency, in consultation with the Secretary
of Defense, the Secretary of Health and Human Services,
and the Defense Production Act Committee, shall submit
to the appropriate congressional committees a report on
the exercise of authorities under the Defense
Production Act of 1950 (50 U.S.C. 4501 et seq.) during
the period specified in subparagraph (C).
(B) Elements.--Each report required by subparagraph
(A) shall include, with respect to each exercise of
authority under the Defense Production Act of 1950
included in the report--
(i) an explanation of the purpose of the
applicable contract, purchase order, or other
exercise of authority (including an allocation
of materials, services, and facilities under
section 101(a)(2) of the Defense Production Act
of 1950 (50 U.S.C. 4511(a)(2));
(ii) the cost of the exercise of authority;
and
(iii) if applicable--
(I) the amount of goods that were
purchased or allocated;
(II) an identification of the
entity awarded a contract or purchase
order or that was the subject of the
exercise of authority; and
(III) an identification of any
entity that had shipments delayed by
the exercise of authority.
(C) Period specified.--The period specified in this
paragraph is--
(i) in the case of the first report
required by subparagraph (A), the period
beginning on the date of the enactment of this
Act and ending on the date on which the report
is required to be submitted; and
(ii) in the case of each subsequent report
required by subparagraph (A), the 90-day period
preceding the date on which the report is
required to be submitted.
(D) Public availability.--The Administrator of the
Federal Emergency Management Agency shall make each
report required by subparagraph (A) available to the
public, including by posting the report on a publicly
accessible internet website of the Federal Government.
(2) Quarterly reporting on expenditures.--Not less
frequently than every 90 days, the President shall submit to
Congress, and make available to the public (including through
posting on a publicly accessible internet website of the
Federal Government), a report detailing all expenditures made
pursuant to the Defense Production Act of 1950 (50 U.S.C. 4501
et seq.) during the 90 days preceding the date of the report.
(3) Sunset.--The requirements of this subsection shall
terminate on the later of--
(A) December 31, 2021; or
(B) the end of the COVID-19 emergency period.
(c) GAO Report.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, and annually thereafter, the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report on ensuring that
the Federal Government has access to the medical supplies and
equipment necessary to respond to future pandemics and public
health emergencies, including recommendations with respect to
how to ensure that the United States supply chain for
diagnostic tests (including serological tests) and testing
supplies, personal protective equipment, vaccines (including
ancillary supplies), therapies, and other medical supplies is
better equipped to respond to emergencies, including through
the use of funds in the Defense Production Act Fund under
section 304 of the Defense Production Act of 1950 (50 U.S.C.
4534) to address shortages in that supply chain.
(2) Review of assessment and plan.--
(A) In general.--Not later than 30 days after each
of the submission of the reports described in
subsections (a) and (b), the Comptroller General of the
United States shall submit to the appropriate
congressional committees an assessment of such reports,
including identifying any gaps in the content of the
reports and providing any recommendations to address
any identified gaps in such reports.
(B) Monthly review.--Not later than a month after
the submission of the assessment under subparagraph
(A), and monthly thereafter, the Comptroller General
shall issue a report to the appropriate congressional
committees with respect to any updates to the reports
described in subsections (a) and (b) that were issued
during the previous 1-month period, containing an
assessment of such updates, including identifying any
gaps in the content of such updates and providing any
recommendations to address any identified gaps in such
updates.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committees
on Appropriations, Armed Services, Energy and Commerce,
Financial Services, Homeland Security, Transportation and
Infrastructure, and Veterans' Affairs of the House of
Representatives and the Committees on Appropriations, Armed
Services, Banking, Housing, and Urban Affairs, Health,
Education, Labor, and Pensions, Homeland Security and
Governmental Affairs, and Veterans' Affairs of the Senate.
(2) COVID-19 emergency period.--The term ``COVID-19
emergency period'' means the period beginning on the date of
enactment of this Act and ending after the end of the incident
period for the emergency declared on March 13, 2020, by the
President under Section 501 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 4121 et seq.)
relating to the Coronavirus Disease 2019 (COVID-19) pandemic.
(3) Critical supplies.--The term ``critical supplies''
means drugs, vaccines and other biological products, and
medical devices used for the diagnosis, cure, mitigation,
prevention, or treatment of COVID-19, including personal
protective equipment, therapeutics, ventilators, medicines
required in conjunction with the use of ventilators, and
diagnostic tests.
(4) Relevant stakeholder.--The term ``relevant
stakeholder'' means--
(A) a representative private sector entity;
(B) a representative of the nonprofit sector; or
(C) a representative of a labor organization
representing workers, including a union that represents
health workers, manufacturers, public sector employees,
or service sector workers.
(5) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
PART II--SEMICONDUCTOR MANUFACTURING INCENTIVES
SEC. 153. SEMICONDUCTOR INCENTIVE GRANTS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence, the
Committee on Commerce, Science, and Transportation, the
Committee on Foreign Relations, the Committee on Armed
Services, the Committee on Appropriations, the
Committee on Energy and Natural Resources, the
Committee on Banking, Housing, and Urban Affairs, and
the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on Energy and Commerce, the Committee on
Foreign Affairs, the Committee on Armed Services, the
Committee on Science, Space, and Technology, the
Committee on Appropriations, the Committee on Financial
Services, and the Committee on Homeland Security of the
House of Representatives.
(2) Covered entity.--The term ``covered entity'' means a
private entity, a consortium of private entities, or a
consortium of public and private entities with a demonstrated
ability to construct, expand, or modernize a facility relating
to the fabrication, assembly, testing, advanced packaging, or
advanced research and development of semiconductors.
(3) Covered incentive.--The term ``covered incentive''--
(A) means an incentive offered by a governmental
entity to a covered entity for the purposes of
constructing within the jurisdiction of the
governmental entity, or expanding or modernizing an
existing facility within that jurisdiction, a facility
described in paragraph (2); and
(B) includes any tax incentive (such as an
incentive or reduction with respect to employment or
payroll taxes or a tax abatement with respect to
personal or real property), a workforce-related
incentive (including a grant agreement relating to
workforce training or vocational education), any
concession with respect to real property, funding for
research and development with respect to
semiconductors, and any other incentive determined
appropriate by the Secretary, in consultation with the
Secretary of State.
(4) Foreign adversary.--The term ``foreign adversary''
means any foreign government or foreign nongovernment person
that is engaged in a long-term pattern, or is involved in a
serious instance, of conduct that is significantly adverse to--
(A) the national security of the United States or
an ally of the United States; or
(B) the security and safety of United States
persons.
(5) Governmental entity.--The term ``governmental entity''
means a State or local government.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(7) Semiconductor.--The term ``semiconductor'' has the
meaning given the term by the Secretary.
(b) Grant Program.--
(1) In general.--The Secretary shall establish in the
Department of Commerce a program that, in accordance with the
requirements of this section, awards grants to covered
entities.
(2) Procedure.--
(A) Application.--A covered entity seeking a grant
under paragraph (1) shall submit to the Secretary an
application therefor that describes the project for
which the covered entity is seeking the grant.
(B) Eligibility.--In order for a covered entity to
qualify for a grant under paragraph (1), the covered
entity shall demonstrate to the Secretary, in the
application submitted by the covered entity under
subparagraph (A), that--
(i) the covered entity has a documented
interest in constructing, expanding, or
modernizing a facility described in subsection
(a)(2);
(ii) with respect to the project described
in clause (i), the covered entity has--
(I) been offered a covered
incentive;
(II) made commitments to worker and
community investment, including
through--
(aa) training and education
benefits paid by the covered
entity; and
(bb) programs to expand
employment opportunity for
economically disadvantaged
individuals; and
(III) secured commitments from
regional educational and training
entities and institutions of higher
education to provide workforce
training, including programming for
training and job placement of
economically disadvantaged individuals;
and
(iii) the covered entity demonstrates that
it is responsive to the national security needs
or requirements established by the intelligence
community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C.
3003)), an element of the intelligence
community, or the Department of Defense.
(C) Considerations for review.--With respect to the
review by the Secretary of an application submitted by
a covered entity under subparagraph (A)--
(i) the Secretary may not approve the
application unless the Secretary--
(I) confirms that the covered
entity has satisfied the eligibility
criteria under subparagraph (B); and
(II) determines that the project to
which the application relates is in the
interest of the United States; and
(ii) the Secretary may consider whether--
(I) the covered entity has
previously received a grant made under
this subsection; and
(II) the governmental entity
offering the applicable covered
incentive has benefitted from a grant
previously made under this subsection.
(3) Amount.--The amount of a grant awarded by the Secretary
to a covered entity under paragraph (1) shall be in an amount
that is not more than $3,000,000,000.
(4) Use of funds.--A covered entity that receives a grant
under paragraph (1) may only use the amount of the grant--
(A) to finance the construction, expansion, or
modernization of a state-of-the-art semiconductor
facility described in subsection (a)(2), as documented
in the application submitted by the covered entity
under paragraph (2)(A), or for similar uses in state of
practice and legacy facilities, as determined necessary
by the Secretary for purposes relating to the national
security and economic competitiveness of the United
States;
(B) to support workforce development for the
facility described in subparagraph (A); or
(C) to support site development for the facility
described in subparagraph (A).
(5) Clawback.--The Secretary shall recover the full amount
of a grant provided to a covered entity under this subsection
if--
(A) as of the date that is 5 years after the date
on which the Secretary awards the grant, the project to
which the grant relates has not been completed, except
that the Secretary may issue a waiver with respect to
the requirement under this subparagraph if the
Secretary determines that issuing such a waiver is
appropriate and in the interests of the United States;
or
(B) during the applicable term with respect to the
grant, the covered entity engages in any joint research
or technology licensing effort--
(i) with the Government of China, the
Government of the Russian Federation, the
Government of Iran, the Government of North
Korea, or another foreign adversary; and
(ii) that relates to a technology or
product that raises national security concerns,
as determined by the Secretary.
(c) Consultation and Coordination Required.--In carrying out the
program established under subsection (b)(1), the Secretary shall
consult and coordinate with the Secretary of State, the Secretary of
Defense, and the Director of National Intelligence.
(d) Reviews by Comptroller General of the United States.--The
Comptroller General of the United States shall--
(1) not later than 2 years after the date of the enactment
of this Act, and biennially thereafter until the date that is
10 years after that date of the enactment of this Act, conduct
a review of the program established under subsection (b)(1),
which shall include, at a minimum--
(A) a determination of the number of instances in
which grants were provided under that subsection during
the period covered by the review in violation of a
requirement of this section;
(B) an evaluation of how--
(i) the program is being carried out,
including how recipients of grants are being
selected under the program; and
(ii) other Federal programs are leveraged
for manufacturing, research, and training to
complement the grants awarded under the
program; and
(C) a description of the outcomes of projects
supported by grants made under the program, including a
description of--
(i) facilities described in subsection
(a)(2) that were constructed, expanded, or
modernized as a result of grants made under the
program;
(ii) research and development carried out
with grants made under the program; and
(iii) workforce training programs carried
out with grants made under the program,
including efforts to hire individuals from
disadvantaged populations; and
(2) submit to the appropriate committees of Congress the
results of each review conducted under paragraph (1).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $15,000,000,000
for fiscal year 2021, which shall remain available until September 30,
2031.
SEC. 154. DEPARTMENT OF DEFENSE INVESTMENT IN THE MICROELECTRONICS
INDUSTRY.
(a) Department of Defense Efforts.--
(1) In general.--The Secretary of Defense shall, in
consultation with the Secretary of Commerce, the Secretary of
Homeland Security, and the Director of National Intelligence,
work with the private sector through a public-private
partnership, including by incentivizing the formation of a
consortium of semiconductor companies in the United States, to
ensure the development and production of advanced, measurably
secure microelectronics for use by the Department of Defense,
the intelligence community, critical infrastructure sectors,
and other national security applications. Such work may include
providing incentives for the creation, expansion, or
modernization of one or more commercially competitive and
sustainable microelectronics manufacturing or advanced research
and development facilities.
(2) Risk mitigation requirements.--A participant in a
consortium formed with incentives under paragraph (1) shall--
(A) have the potential to perform design,
fabrication, assembly, package, or test functions for
microelectronics deemed critical to national security
as defined by the National Security Adviser and the
Secretary of Defense;
(B) include management processes to identify and
mitigate supply chain security risks; and
(C) be able to produce microelectronics consistent
with applicable measurably secure supply chain and
operational security standards established under
section 224(b) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92).
(3) National security considerations.--The Secretary of
Defense and the Director of National Intelligence shall select
participants for the consortium formed with incentives under
paragraph (1). In selecting such participants, the Secretary
and the Director may jointly consider whether the United States
companies--
(A) have participated in previous programs and
projects of the Department of Defense, Department of
Energy, or the intelligence community, including--
(i) the Trusted Integrated Circuit program
of the Intelligence Advanced Research Projects
Activity;
(ii) trusted and assured microelectronics
projects, as administered by the Department of
Defense;
(iii) the Electronics Resurgence Initiative
(ERI) program of the Defense Advanced Research
Projects Agency; or
(iv) relevant semiconductor research
programs of Advanced Research Projects Agency-
Energy;
(B) have demonstrated an ongoing commitment to
performing contracts for the Department of Defense and
the intelligence community;
(C) are approved by the Defense Counterintelligence
and Security Agency or the Office of the Director of
National Intelligence as presenting an acceptable
security risk, taking into account supply chain
assurance vulnerabilities, counterintelligence risks,
and any risks presented by companies whose owners are
located outside the United States; and
(D) are evaluated periodically for foreign
ownership, control, or influence by foreign
adversaries.
(4) Nontraditional defense contractors and commercial
entities.--Arrangements entered into to carry out paragraph (1)
shall be in such form as the Secretary of Defense determines
appropriate to encourage industry participation of
nontraditional defense contractors or commercial entities and
may include a contract, a grant, a cooperative agreement, a
commercial agreement, the use of other transaction authority
under section 2371 of title 10, United States Code, or another
such arrangement.
(5) Discharge.--The Secretary of Defense shall carry out
paragraph (1) jointly through the Office of the Under Secretary
of Defense for Research and Engineering and the Office of the
Under Secretary of Defense for Acquisition and Sustainment, or
such other component of the Department of Defense as the
Secretary considers appropriate.
(6) Other initiatives.--The Secretary of Defense shall
dedicate initiatives within the Department of Defense to
advance radio frequency, mixed signal, radiation tolerant, and
radiation hardened microelectronics that support national
security and dual-use applications.
(7) Reports.--
(A) Report by secretary of defense.--Not later than
90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to Congress a
report on the plans of the Secretary to carry out
paragraph (1).
(B) Biennial reports by comptroller general of the
united states.--Not later than 1 year after the date on
which the Secretary submits the report required by
subparagraph (A) and not less frequently than once
every 2 years thereafter for a period of 10 years, the
Comptroller General of the United States shall submit
to Congress a report on the activities carried out
under this subsection.
(b) Defense Production Act of 1950 Efforts.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the President shall submit to
Congress a report on a plan for use by the Department of
Defense of authorities available in title III of the Defense
Production Act of 1950 (50 U.S.C. 4531 et seq.) to establish
and enhance a domestic production capability for
microelectronics technologies and related technologies, subject
to the availability of appropriations for that purpose.
(2) Consultation.--The President shall develop the plan
required by paragraph (1) in coordination with the Secretary of
Defense, and in consultation with the Secretary of State, the
Secretary of Commerce, and appropriate stakeholders in the
private sector.
(c) Department of Defense Requirements for Sourcing From Domestic
Microelectronics Design and Foundry Services.--
(1) Requirements required.--Not later than 1 year after the
date of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of Energy, the Secretary of
Homeland Security, and the Director of National Intelligence,
shall establish requirements, standards, and a timeline for
enforcement of such requirements, to the extent possible, for
domestic sourcing for microelectronics design and foundry
services, and for commercial microelectronics products, by
programs, contractors, subcontractors, and other recipients of
funding from the Department of Defense, Department of Energy,
Department of Homeland Security, and the Director of National
Intelligence.
(2) Processes for waivers.--The requirements established
under paragraph (1) shall include processes to permit waivers
for specific contracts or transactions for domestic sourcing
requirements based on cost, availability, severity of technical
and mission requirements, emergency requirements and
operational needs, other legal or international treaty
obligations, or other factors.
(3) Updates.--Not less frequently than once each year, the
Secretary shall--
(A) update the requirements and timelines
established under paragraph (1) and the processes under
paragraph (2); and
(B) submit to Congress a report on the updates made
under subparagraph (A).
SEC. 155. DEPARTMENT OF COMMERCE STUDY ON STATUS OF MICROELECTRONICS
TECHNOLOGIES IN THE UNITED STATES INDUSTRIAL BASE.
(a) In General.--Commencing not later than 120 days after the date
of the enactment of this Act, the Secretary of Commerce and the
Secretary of Homeland Security, in consultation with the Secretary of
Defense and the heads of other appropriate Federal departments and
agencies, shall undertake a review, which shall include a survey, using
authorities in section 705 of the Defense Production Act (50 U.S.C.
4555), to assess the capabilities of the United States industrial base
to support the national defense in light of the global nature of the
supply chain and significant interdependencies between the United
States industrial base and the industrial base of foreign countries
with respect to the manufacture, design, and end use of
microelectronics.
(b) Response to Survey.--The Secretary shall ensure compliance with
the survey from among all relevant potential respondents, including the
following:
(1) Corporations, partnerships, associations, or any other
organized groups domiciled and with substantial operations in
the United States.
(2) Corporations, partnerships, associations, or any other
organized groups domiciled in the United States with operations
outside the United States.
(3) Foreign domiciled corporations, partnerships,
associations, or any other organized groups with substantial
operations or business presence in, or substantial revenues
derived from, the United States.
(4) Foreign domiciled corporations, partnerships,
associations, or any other organized groups in defense treaty
or assistance countries where the production of the entity
concerned involves critical technologies.
(c) Information Requested.--The information sought from a
responding entity pursuant to the survey required by subsection (a)
shall include, at minimum, information on the following with respect to
the manufacture, design, or end use of microelectronics by such entity:
(1) An identification of the geographic scope of
operations.
(2) Information on relevant cost structures.
(3) An identification of types of microelectronics
development, manufacture, assembly, test, and packaging
equipment in operation at such entity.
(4) An identification of all relevant intellectual
property, raw materials, and semi-finished goods and components
sourced domestically and abroad by such entity.
(5) Specifications of the microelectronics manufactured or
designed by such entity, descriptions of the end-uses of such
microelectronics, and a description of any technical support
provided to end-users of such microelectronics by such entity.
(6) Information on domestic and export market sales by such
entity.
(7) Information on the financial performance, including
income and expenditures, of such entity.
(8) A list of all foreign and domestic subsidies, and any
other financial incentives, received by such entity in each
market in which such entity operates.
(9) A list of information requests from the Government of
China to such entity, and a description of the nature of each
request and the type of information provided.
(10) Information on any joint ventures, technology
licensing agreements, and cooperative research or production
arrangements of such entity.
(11) A description of efforts by such entity to evaluate
and control supply chain risks it faces.
(12) A list and description of any sales, licensing
agreements, or partnerships between such entity and the
People's Liberation Army or People's Armed Police, including
any business relationships with entities through which such
sales, licensing agreements, or partnerships may occur.
(d) Report.--
(1) In general.--The Secretary of Commerce shall, in
consultation with the Secretary of Defense, the Secretary of
Homeland Security, and the heads of other appropriate Federal
departments and agencies, submit to Congress a report on the
results of the review required by subsection (a). The report
shall include the following:
(A) An assessment of the results of the survey.
(B) A list of critical technology areas impacted by
potential disruptions in production of
microelectronics, and a detailed description and
assessment of the impact of such potential disruptions
on such areas.
(C) A description and assessment of gaps and
vulnerabilities in the microelectronics supply chain
and the national industrial supply base.
(2) Form.--The report required by paragraph (1) may be
submitted in classified form.
SEC. 156. MULTILATERAL MICROELECTRONICS SECURITY FUND.
(a) Multilateral Microelectronics Security Fund.--
(1) Establishment of fund.--There is established in the
Treasury of the United States a trust fund, to be known as the
``Multilateral Microelectronics Security Fund'' (in this
section referred to as the ``Fund''), consisting of amounts
deposited into the Fund under paragraph (2) and any amounts
that may be credited to the Fund under paragraph (3).
(2) Authorization of appropriations.--There are authorized
to be appropriated $750,000,000 to be deposited in the Fund.
(3) Investment of amounts.--
(A) Investment of amounts.--The Secretary of the
Treasury shall invest such portion of the Fund as is
not required to meet current withdrawals in interest-
bearing obligations of the United States or in
obligations guaranteed as to both principal and
interest by the United States.
(B) Interest and proceeds.--The interest on, and
the proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to and
form a part of the Fund.
(4) Use of fund.--
(A) In general.--Subject to subparagraph (B),
amounts in the Fund shall be available, as provided in
advance in an appropriations Act, to the Secretary of
State--
(i) to provide funding through the common
funding mechanism described in subsection
(b)(1) to support the development and adoption
of measurably secure microelectronics and
measurably secure microelectronics supply
chains; and
(ii) to otherwise carry out this section.
(B) Availability contingent on international
agreement.--Amounts in the Fund shall be available to
the Secretary of State on and after the date on which
the Secretary enters into an agreement with the
governments of countries that are partners of the
United States to participate in the common funding
mechanism under paragraph (1) of subsection (b) and the
commitments described in paragraph (2) of that
subsection.
(5) Availability of amounts.--
(A) In general.--Amounts in the Fund shall remain
available through the end of the tenth fiscal year
beginning after the date of the enactment of this Act.
(B) Remainder to treasury.--Any amounts remaining
in the Fund after the end of the fiscal year described
in subparagraph (A) shall be deposited in the general
fund of the Treasury.
(b) Common Funding Mechanism for Development and Adoption of
Measurably Secure Microelectronics and Measurably Secure
Microelectronics Supply Chains.--
(1) In general.--The Secretary of State, in consultation
with the Secretary of Commerce, the Secretary of Defense, the
Secretary of Homeland Security, the Secretary of the Treasury,
and the Director of National Intelligence, shall seek to
establish a common funding mechanism, in coordination with the
governments of countries that are partners of the United
States, that uses amounts from the Fund, and amounts committed
by such governments, to support the development and adoption of
secure microelectronics and secure microelectronics supply
chains, including for use in research and development
collaborations among countries participating in the common
funding mechanism.
(2) Mutual commitments.--The Secretary of State, in
consultation with the United States Trade Representative, the
Secretary of the Treasury, and the Secretary of Commerce, shall
seek to negotiate a set of mutual commitments with the
governments of countries that are partners of the United States
upon which to condition any expenditure of funds pursuant to
the common funding mechanism described in paragraph (1). Such
commitments shall, at a minimum--
(A) establish transparency requirements for any
subsidies or other financial benefits (including
revenue foregone) provided to microelectronics firms
located in or outside such countries;
(B) establish consistent policies with respect to
countries that--
(i) are not participating in the common
funding mechanism; and
(ii) do not meet transparency requirements
established under subparagraph (A);
(C) promote harmonized treatment of
microelectronics and verification processes for items
being exported to a country considered a national
security risk by a country participating in the common
funding mechanism;
(D) establish consistent policies and common
external policies to address nonmarket economies as the
behavior of such countries pertains to
microelectronics;
(E) align policies on supply chain integrity and
microelectronics security, including with respect to
protection and enforcement of intellectual property
rights; and
(F) promote harmonized foreign direct investment
screening measures with respect to microelectronics to
align with national and multilateral security
priorities.
(c) Annual Report to Congress.--Not later than 1 year after the
date of the enactment of this Act, and annually thereafter for each
fiscal year during which amounts in the Fund are available under
subsection (a)(5), the Secretary of State shall submit to Congress a
report on the status of the implementation of this section that
includes a description of--
(1) any commitments made by the governments of countries
that are partners of the United States to providing funding for
the common funding mechanism described in subsection (b)(1) and
the specific amount so committed;
(2) the criteria established for expenditure of funds
through the common funding mechanism;
(3) how, and to whom, amounts have been expended from the
Fund;
(4) amounts remaining in the Fund;
(5) the progress of the Secretary of State toward entering
into an agreement with the governments of countries that are
partners of the United States to participate in the common
funding mechanism and the commitments described in subsection
(b)(2); and
(6) any additional authorities needed to enhance the
effectiveness of the Fund in achieving the security goals of
the United States.
SEC. 157. ADVANCED SEMICONDUCTOR RESEARCH AND DESIGN.
(a) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Select Committee on Intelligence, the Committee on
Commerce, Science, and Transportation, the Committee on Foreign
Relations, the Committee on Armed Services, the Committee on
Energy and Natural Resources, the Committee on Appropriations,
the Committee on Banking, Housing, and Urban Affairs, the
Committee on Health, Education, Labor, and Pensions, and the
Committee on Homeland Security and Governmental Affairs of the
Senate; and
(2) the Permanent Select Committee on Intelligence, the
Committee on Energy and Commerce, the Committee on Foreign
Affairs, the Committee on Armed Services, the Committee on
Science, Space, and Technology, the Committee on Financial
Services, the Committee on Education and Labor, and the
Committee on Homeland Security of the House of Representatives.
(b) Sense of Congress.--It is the sense of Congress that the
leadership of the United States in semiconductor technology and
innovation is critical to the economic growth and national security of
the United States.
(c) Subcommittee on Semiconductor Leadership.--
(1) Establishment required.--The President shall establish
in the National Science and Technology Council a subcommittee
on matters relating to leadership of the United States in
semiconductor technology and innovation.
(2) Duties.--The duties of the subcommittee established
under paragraph (1) are as follows:
(A) National strategy on semiconductor research.--
(i) Development.--In coordination with the
Secretary of Defense, the Secretary of Energy,
the Secretary of State, the Secretary of
Commerce, the Secretary of Homeland Security,
the Secretary of Labor, the Director of the
National Science Foundation, and the Director
of the National Institute of Standards and
Technology and in consultation with the
semiconductor industry and academia, develop a
national strategy on semiconductor research,
development, design, manufacturing, and supply
chain security, including guidance for the
funding of research, and strengthening of the
domestic microelectronics workforce.
(ii) Reporting and updates.--Not less
frequently than once every 5 years, to update
the strategy developed under clause (i) and to
submit the revised strategy to the appropriate
committees of Congress.
(iii) Implementation.--In coordination with
the Secretary of Defense, the Secretary of
Energy, the Secretary of State, the Secretary
of Commerce, the Secretary of Homeland
Security, the Director of the National Science
Foundation, and the Director of the National
Institute of Standards and Technology, on an
annual basis coordinate and recommend each
agency's semiconductor related research and
development programs and budgets to ensure
consistency with the National Semiconductor
Strategy.
(B) Fostering coordination of research and
development.--To foster the coordination of
semiconductor research and development.
(3) Sunset.--The subcommittee established under paragraph
(1) shall terminate on the date that is 10 years after the date
of enactment of this Act.
(d) Industrial Advisory Committee.--The President shall establish a
standing subcommittee of the President's Council of Advisors on Science
and Technology to advise the United States Government on matters
relating to microelectronics policy.
(e) National Semiconductor Technology Center.--
(1) Establishment.--The Secretary of Commerce shall
establish a national semiconductor technology center to conduct
research and prototyping of advanced semiconductor technology
to strengthen the economic competitiveness and security of the
domestic supply chain, which will be operated as a public
private-sector consortium with participation from the private
sector, the Department of Defense, the Department of Energy,
the Department of Homeland Security, the National Science
Foundation, and the National Institute of Standards and
Technology.
(2) Functions.--The functions of the center established
under paragraph (1) shall be as follows:
(A) To conduct advanced semiconductor
manufacturing, design, and packaging research and
prototyping that strengthens the entire domestic
ecosystem and is aligned with the National Strategy on
Semiconductor Research.
(B) To establish, as part of the center established
under paragraph (1) and in collaboration with Director
of the National Institute of Standards and Technology,
a National Advanced Packaging Manufacturing Program
that operates in coordination with the center, to
strengthen semiconductor advanced design, test,
assembly, and packaging capability in the domestic
ecosystem, and which shall coordinate with the
Manufacturing USA institute established under paragraph
(4).
(C) To establish an investment fund, in partnership
with the private sector, that will support startups and
collaborations between startups, academia, and
established companies with the goal of commercializing
innovations that contribute to the domestic
semiconductor industry.
(D) To establish a Semiconductor Manufacturing
Program through the Director of the National Institute
of Standards and Technology to enable advances and
breakthroughs in measurement science, standards,
material characterization, instrumentation, testing,
and manufacturing capabilities that will accelerate the
underlying research and development for metrology of
next generation semiconductors and ensure the
competitiveness and leadership of the United States
within this sector.
(E) To work with the Secretary of Labor, the
Director of the National Science Foundation, the
Secretary of Energy, the private sector, educational
institutions, and workforce training entities to
develop workforce training programs and apprenticeships
in advanced microelectronic research, design,
fabrication, and packaging capabilities.
(3) Components.--The fund established under paragraph
(2)(C) shall cover the following:
(A) Advanced metrology and characterization for
manufacturing of microchips using 3-nanometer
transistor processes or more advanced processes.
(B) Metrology for security and supply chain
verification.
(4) Creation of a manufacturing usa institute.--The fund
established under paragraph (2)(C) may also cover the creation
of a Manufacturing USA institute described in section 34(d) of
the National Institute of Standards and Technology Act (15
U.S.C. 278s(d)) that is focused on semiconductor manufacturing.
Such institute may emphasize the following:
(A) Research to support the virtualization and
automation of maintenance of semiconductor machinery.
(B) Development of new advanced test, assembly and
packaging capabilities.
(C) Developing and deploying educational and skills
training curricula needed to support the industry
sector and ensure the United States can build and
maintain a trusted and predictable talent pipeline.
(f) Authorizations of Appropriations.--
(1) National semiconductor technology center.--There is
authorized to be appropriated to carry out subsection (e)
$9,050,000,000 for fiscal year 2021, with such amount to remain
available for such purpose through fiscal year 2030--
(A) of which, $3,000,000,000 shall be available to
carry out subsection (e)(2)(A);
(B) of which, $5,000,000,000 shall be available to
carry out subsection (e)(2)(B);
(C) of which, $500,000,000 shall be available to
carry out subsection (e)(2)(C);
(D) of which, $500,000,000 shall be available to
carry out subsection (e)(2)(D)--
(i) of which, $20,000,000 shall be
available for each of fiscal years 2021 through
2025 to carry out subsection (e)(3)(A);
(ii) of which, $20,000,000 shall be
available for each of fiscal years 2021 through
2025 to carry out subsection (e)(3)(B); and
(iii) of which, $50,000,000 shall be
available for each of fiscal years 2021 through
2025 to carry out subsection (e)(4); and
(E) of which, $50,000,000 shall be available to
carry out subsection (e)(2)(E).
(2) Semiconductor research at national science
foundation.--There is authorized to be appropriated to carry
out programs at the National Science Foundation on
semiconductor research in alignment with the National Strategy
on Semiconductor Research $1,500,000,000 for fiscal year 2021,
with such amount to remain available for such purpose through
fiscal year 2025.
(3) Semiconductor research at department of energy.--There
is authorized to be appropriated to carry out programs at the
Department of Energy, including the National Laboratories, on
semiconductor research, in alignment with the National Strategy
on Semiconductor Research $2,000,000,000 for fiscal year 2021,
with such amount to remain available for such purpose through
fiscal year 2025.
(4) Microelectronics research at the national institute of
standards and technology.--There is authorized to be
appropriated to carry out microelectronics research at the
National Institute of Standards and Technology $250,000,000 for
fiscal year 2021, with such amount to remain available for such
purpose through fiscal year 2025.
(5) Microelectronics semiconductor research at the defense
advanced research projects agency.--There is authorized to be
appropriated to carry out microelectronics research, such as
the Electronics Resurgence Initiative and the Microelectronics
Research Commons, at the Defense Advanced Research Projects
Agency, $2,000,000,000 for fiscal year 2021 to develop advanced
disruptive microelectronics technology, including research and
development to enable production at a volume required to
sustain a robust domestic microelectronics industry and
mitigate parts obsolescence, with such amount to remain
available for such purpose through fiscal year 2025.
(6) Supplement not supplant.--The amounts authorized to be
appropriated under paragraphs (1) through (4) shall supplement
and not supplant amounts already appropriated to carry out the
purposes described in such paragraphs.
(g) Domestic Production Requirements.--The head of any executive
agency receiving funding under this section shall develop policies to
require domestic production, to the extent possible, for any
intellectual property resulting from microelectronics research and
development conducted as a result of these funds and domestic control
requirements to protect any such intellectual property from foreign
adversaries.
SEC. 158. PROHIBITION ON ACCESS TO ASSISTANCE BY FOREIGN ADVERSARIES.
None of the funds appropriated pursuant to an authorization in this
part may be provided to an entity--
(1) under the foreign ownership, control, or influence of
the Government of China or the Chinese Communist Party, or
other foreign adversary (as defined in section 153(a)(4)); or
(2) determined to have beneficial ownership from foreign
individuals subject to the jurisdiction, direction, or
influence of foreign adversaries (as so defined).
Subtitle E--Education and Countering Influence Campaigns
SEC. 161. FINDINGS ON CHINESE INFORMATION WARFARE AND MALIGN INFLUENCE
OPERATIONS.
(a) Findings.--Congress makes the following findings:
(1) In the report to Congress required under section
1261(b) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232), the President
laid out a broad range of malign activities conducted by the
Government of China and its agents and entities, including--
(A) propaganda and disinformation, in which
``Beijing communicates its narrative through state-run
television, print, radio, and online organizations
whose presence is proliferating in the United States
and around the world'';
(B) malign political influence operations, in which
``front organizations and agents which target
businesses, universities, think tanks, scholars,
journalists, and local state and Federal officials in
the United States and around the world, attempting to
influence discourse''; and
(C) malign financial influence operations,
characterized as ``misappropriation of technology and
intellectual property, failure to appropriately
disclose relationships with foreign government
sponsored entities, breaches of contract and
confidentiality, and manipulation of processes for fair
and merit-based allocation of Federal research and
development funding''.
(2) Chinese information warfare and malign influence
operations are ongoing. In January 2019, the Director of
National Intelligence, Dan Coats, stated, ``China will continue
to use legal, political, and economic levers--such as the lure
of Chinese markets--to shape the information environment. It is
also capable of using cyber attacks against systems in the
United States to censor or suppress viewpoints it deems
politically sensitive.''.
(3) In February 2020, the Director of the Federal Bureau of
Investigation, Christopher Wray, testified to the Committee on
the Judiciary of the House of Representatives that the People's
Republic of China has ``very active maligned foreign influence
efforts in this country,'' with the goal of ``trying to shift
our policy and our public opinion to be more pro-China on a
variety of issues''.
(4) The People's Republic of China's information warfare
and malign influence operations continue to adopt new tactics
and evolve in sophistication. In May 2020, the Special Envoy
and Coordinator of the Global Engagement Center (GEC), Lea
Gabrielle, stated that there was a convergence of Russian and
Chinese narratives surrounding COVID-19 and that the GEC had
``uncovered a new network of inauthentic Twitter accounts''
that it assessed was ``created with the intent to amplify
Chinese propaganda and disinformation.'' In June 2020, Google
reported that Chinese hackers attempted to access email
accounts of the campaign staff of a presidential candidate.
(5) Chinese information warfare and malign influence
operations are a threat to the national security, democracy and
the economic systems of the United States, its allies and
partners. In October 2018, Vice President Mike Pence warned
that ``Beijing is employing a whole-of-government approach,
using political, economic, and military tools, as well as
propaganda, to advance its influence and benefit its interests
in the United States.''.
(6) In February 2018, the Director of the Federal Bureau of
Investigation, Christopher Wray, testified to the Select
Committee on Intelligence of the Senate that the People's
Republic of China is taking advantage of and exploiting the
open research and development environments of U.S. institutions
of higher education to utilize ``professors, scientists and
students'' as ``nontraditional collectors'' of information.
(b) Presidential Duties.--The President shall--
(1) carry out all appropriate measures to protect our
democratic institutions and processes from malign influence
from the People's Republic of China and other foreign
adversaries; and
(2) consistent with the policy specified in paragraph (1),
direct the heads of the appropriate Federal departments and
agencies to implement Acts of Congress to counter and deter
Chinese and other foreign information warfare and malign
influence operations without delay, including--
(A) section 1043 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), which authorizes a coordinator position
within the National Security Council for countering
malign foreign influence operations and campaigns;
(B) section 228 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92), which authorizes additional research of foreign
malign influence operations on social media platforms;
(C) section 847 of such Act, which requires the
Secretary of Defense to modify contracting regulations
regarding vetting for foreign ownership, control and
influence in order to mitigate risks from malign
foreign influence;
(D) section 1239 of such Act, which requires an
update of the comprehensive strategy to counter the
threat of malign influence to include the People's
Republic of China;
(E) section 5323 of such Act, which authorizes the
Director of National Intelligence to facilitate the
establishment of Social Media Data and Threat Analysis
Center to detect and study information warfare and
malign influence operations across social media
platforms; and
(F) section 119C of the National Security Act of
1947 (50 U.S.C. 3059), which authorizes the
establishment of a Foreign Malign Influence Response
Center inside the Office of the Director of National
Intelligence.
SEC. 162. SENSE OF CONGRESS ON SUPPORT FOR HIGHER EDUCATION.
It is the sense of Congress that in order to effectively compete
with the People's Republic of China on the development and effective
use of science and technology, the United States must invest and
support United States institutions of higher education operating
programs in, and students at such institutions of higher education
studying, the fields of science, technology, engineering, and
mathematics, as well as Chinese linguistic and cultural proficiency.
SEC. 163. ESTABLISH LIMITATIONS REGARDING CONFUCIUS INSTITUTES.
(a) Definition.--In this section, the term ``Confucius Institute''
means a cultural institute directly or indirectly funded, in whole or
in part, by the Government of China.
(b) Restrictions of Confucius Institutes.--An institution of higher
education or other postsecondary educational institution (referred to
in this section as an ``institution'') shall not be eligible to receive
Federal funds from the Department of Education (except funds under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.)
or other Department of Education funds that are provided directly to
students) unless the institution ensures that any contract or agreement
between the institution and a Confucius Institute includes clear
provisions that--
(1) protect academic freedom at the institution;
(2) prohibit the application of any foreign law on any
campus of the institution; and
(3) grant full managerial authority of the Confucius
Institute to the institution, including full control over what
is being taught, the activities carried out, the research
grants that are made, and who is employed at the Confucius
Institute.
SEC. 164. DISCLOSURES OF FOREIGN GIFTS TO UNITED STATES INSTITUTIONS OF
HIGHER EDUCATION.
(a) Amendments.--Section 117 of the Higher Education Act of 1965
(20 U.S.C. 1011f) is amended to read as follows:
``SEC. 117. DISCLOSURE OF FOREIGN GIFTS.
``(a) Disclosure Report.--An institution shall file a disclosure
report with the Secretary not later than the March 31 occurring
immediately after--
``(1) the calendar year in which a foreign source gains
ownership of, or control over, the institution;
``(2) the calendar year in which the institution receives a
gift from, or enters into a contract with, a foreign source,
the value of which is $200,000 or more, considered alone or in
combination with all other gifts from, or contracts with, that
foreign source within the calendar year; or
``(3) the institution receives a gift from, or enters into
a contract with, a foreign source, the value of which totals
$450,000 or more, considered alone or in combination with all
other gifts from, or contracts with, that foreign source over
the previous 3 years.
``(b) Contents of Report.--Each report to the Secretary required
under subsection (a) shall contain the following:
``(1)(A) For gifts received from or contracts entered into
with a foreign source other than a foreign government, the
aggregate dollar amount of such gifts and contracts
attributable to a particular country and the legal or formal
name of the foreign source. The country to which a gift is
attributable is the country of citizenship, or if unknown, the
principal residence for a foreign source who is a natural
person, and the country of incorporation, or if unknown, the
principal place of business, for a foreign source which is a
legal entity.
``(B) Notwithstanding subparagraph (A), in the case
of an anonymous gift received from a foreign source who
is a natural person, the institution shall be required
to report only the country of citizenship and not the
formal name and principal residence of the foreign
source.
``(2) For gifts received from or contracts entered into
with a foreign government, the aggregate amount of such gifts
and contracts received from each foreign government.
``(3) In the case of an institution which is owned or
controlled by a foreign source, the identity of the foreign
source, the date on which the foreign source assumed ownership
or control, and any changes in program or structure resulting
from the change in ownership or control.
``(4) An assurance that the institution will maintain true
copies of gift and contract agreements subject to the
disclosure requirements under this section for at least the
duration of the agreement.
``(5) An assurance that the institution will produce true
copies of gift and contract agreements subject to the
disclosure requirements under this section upon request of the
Secretary during a compliance audit or other institutional
investigation.
``(c) Additional Disclosures for Restricted and Conditional
Gifts.--Notwithstanding the provisions of subsection (b), whenever any
institution receives a restricted or conditional gift or contract from
a foreign source, the institution shall disclose the following:
``(1) For such gifts received from or contracts entered
into with a foreign source other than a foreign government, the
amount, the date, and a description of such conditions or
restrictions. The report shall also disclose the country of
citizenship, or if unknown, the principal residence for a
foreign source which is a natural person, and the country of
incorporation, or if unknown, the principal place of business
for a foreign source which is a legal entity.
``(2) For gifts received from or contracts entered into
with a foreign government, the amount, the date, a description
of such conditions or restrictions, and the name of the foreign
government.
``(d) Relation to Other Reporting Requirements.--
``(1) State requirements.--If an institution described
under subsection (a) is within a State which has enacted
requirements for public disclosure of gifts from or contracts
with a foreign source that includes all information required
under this section, a copy of the disclosure report filed with
the State may be filed with the Secretary in lieu of a report
required under subsection (a). The State in which the
institution is located shall provide to the Secretary such
assurances as the Secretary may require to establish that the
institution has met the requirements for public disclosure
under State law if the State report is filed.
``(2) Use of other federal reports.--If an institution
receives a gift from, or enters into a contract with, a foreign
source, where any other department, agency, or bureau of the
executive branch requires a report containing all the
information required under this section, a copy of the report
may be filed with the Secretary in lieu of a report required
under subsection (a).
``(e) Public Disclosure.--
``(1) In general.--Not later than 30 days after receiving a
disclosure report under this section, the Secretary shall make
such report electronically available to the public for
downloading on a searchable database under which institutions
can be individually identified and compared.
``(2) Modifications.--The Secretary shall incorporate a
process permitting institutions to revise and update previously
filed disclosure reports under this section to ensure accuracy,
compliance, and ability to cure.
``(f) Fines.--The Secretary may impose a civil fine on an
institution that knowingly fails to file a disclosure report in
accordance with this section.
``(g) Treatment of Certain Payments and Gifts.--The following shall
not be considered a gift from a foreign source under this section:
``(1) Any payment of tuition and fees to an institution by,
or scholarship from, a foreign source who is a natural person
made on behalf of a student for institutional charges related
to such student's cost of attendance that is not made under
contract with such foreign source.
``(2) Any unrestricted gift made by a foreign source who is
a natural person and an alumnus of the institution.
``(h) Consultation.--The Secretary shall consult with the Director
of the Office of Science and Technology Policy, the Director of the
National Institutes of Health, the Director of the National Science
Foundation, the Secretary of Energy, the Secretary of Defense, the
Administrator of the National Aeronautics and Space Administration, the
Administrator of the National Oceanic and Atmospheric Administration,
the Director of the National Institute of Standards and Technology, and
the heads of other relevant Federal agencies or entities, regarding the
reporting of gifts from and contracts with foreign sources in order to
align, to the extent practicable, the methods of reporting prescribed
by this section.
``(i) Definitions.--In this section--
``(1) the term `contract' means any agreement for the
acquisition by purchase, lease, or barter of property or
services by the foreign source, for the direct benefit or use
of either of the parties;
``(2) the term `foreign source' means--
``(A) a foreign government, including an agency of
a foreign government;
``(B) a legal entity, governmental or otherwise,
created solely under the laws of a foreign state or
states;
``(C) an individual who is not a citizen or a
national of the United States or a trust territory or
protectorate thereof; and
``(D) an agent, including a subsidiary or affiliate
of a foreign legal entity, acting on behalf of a
foreign source;
``(3) the term `gift' means any gift of money, property, or
human resources;
``(4) the term `institution' means any institution, public
or private, or, if a multicampus institution, any single campus
of such institution, in any State, that--
``(A) is legally authorized within such State to
provide a program of education beyond secondary school;
``(B) provides a program for which the institution
awards a bachelor's degree (or provides not less than a
2-year program which is acceptable for full credit
toward such a degree) or more advanced degrees; and
``(C) is accredited by a recognized accrediting
agency or association and to which institution Federal
financial assistance is extended (directly or
indirectly through another entity or person), or which
institution receives support from the extension of
Federal financial assistance to any of the
institution's subunits; and
``(5) the term `restricted or conditional gift or contract'
means any endowment, gift, grant, contract, award, present, or
property of any kind which includes provisions regarding--
``(A) the employment, assignment, or termination of
faculty;
``(B) the establishment of departments, centers,
institutes, instructional programs, research or lecture
programs, or new faculty positions;
``(C) the selection or admission of students; or
``(D) the award of grants, loans, scholarships,
fellowships, or other forms of financial aid restricted
to students of a specified country, religion, sex,
ethnic origin, or political opinion.''.
(b) Regulations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue regulations,
developed through the negotiated rulemaking process under
section 492 of the Higher Education Act of 1965 (20 U.S.C.
1098a), to carry out section 117 of such Act, as amended by
this section.
(2) Issues.--Regulations issued pursuant to paragraph (1),
shall, at a minimum, address the following issues:
(A) Instructions on reporting structured gifts and
contracts.
(B) The inclusion in institutional reports of gifts
received from, and contracts entered into with, foreign
sources by entities and organizations, such as research
foundations, that operate substantially for the benefit
or under the auspices of the institution.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the earlier of--
(A) the day on which the regulations issued under
subsection (b) are issued; or
(B) the day that is 1 year and 90 days after the
date of enactment of this Act.
(2) Transition.--The provisions of section 117 of the
Higher Education Act of 1965 (20 U.S.C. 1011f), as in effect on
the day before the date of enactment of this Act, shall
continue to apply until the amendments made by this section
take effect under paragraph (1).
SEC. 165. ENCOURAGE THE DEVELOPMENT OF A NON-GOVERNMENTAL CODE OF
CONDUCT FOR COUNTERING MALIGN INFLUENCE AT COLLEGES AND
UNIVERSITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) institutions of higher education of the United States
should develop best practices and cooperate with efforts to
report on and record the influence of the Government of China
at academic institutions, including appropriate actions against
government entities of the People's Republic of China
responsible for harassment;
(2) institutions of higher education should--
(A) assess the operation of Confucius Institutes as
defined in section 163(a) to ensure their agreements
with the Office of Chinese Language Council
International (commonly known as ``Hanban'') allow
transparency and compliance with norms of academic
freedom; and
(B) consider joint actions against the Government
of China in response to unwarranted visa denials and
prolonged delays for research in the People's Republic
of China targeting their scholars, or other obstacles
to academic research;
(3) all organizations on the campuses of institutions of
higher education of the United States that receive substantial
funding or support from Chinese diplomatic missions or other
entities linked to the Chinese Communist Party or the
Government of China, should--
(A) report such information or register, as
appropriate, as foreign agents;
(B) disclose annually all sources and amounts of
funding received, directly or indirectly, from the
Communist Party of China, the Government of China, or
enterprises owned by the People's Republic of China, as
required by law; and
(C) help mentor and support students and scholars
from the People's Republic of China to ensure that the
students and scholars can enjoy full academic freedom;
and
(4) institutions of higher education of the United States
undertaking exchange programs or operating satellite campuses
in the People's Republic of China should do so with open and
transparent agreements and policies to ensure the protection of
academic freedom, including control over hiring and firing,
freedom of scholarly research, and protection for the
curriculum.
(b) GAO Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall issue a report that assesses whether the Department of State and
the Department of Homeland Security have the adequate resources, and
are adequately able, to vet students and scholars in a timely and
expeditious fashion to prevent those individuals with specific ties to
the People's Liberation Army from entering the United States.
SEC. 166. AUTHORIZATION OF APPROPRIATIONS FOR SCIENCE, TECHNOLOGY,
ENGINEERING, AND MATHEMATICS EDUCATION AND TRAINING.
(a) Authorization of Appropriations.--To strengthen the
competitiveness of the domestic workforce in critical technology
industries by expanding assistance for education and training in
science, technology, engineering, and mathematics, including for
underserved and underrepresented populations to achieve a more diverse
and inclusive workforce in these industries, there are authorized to be
appropriated to the Director of the National Science Foundation the
following:
(1) For the Scholarships in Science, Technology,
Engineering, and Mathematics program under section 414(d) of
the American Competitiveness and Workforce Improvement Act of
1998 (42 U.S.C. 1869c), notwithstanding section 414(d)(4) and
in addition to funds provided by section 414(d)(4)--
(A) for fiscal year 2021, $157,290,000;
(B) for fiscal year 2022, $168,300,000;
(C) for fiscal year 2023, $180,081,000;
(D) for fiscal year 2024, $192,687,000; and
(E) for fiscal year 2025, $206,175,000.
(2) For the National Science Foundation graduate research
fellowship program--
(A) for fiscal year 2021, $304,469,000;
(B) for fiscal year 2022, $325,782,000;
(C) for fiscal year 2023, $348,587,000;
(D) for fiscal year 2024, $372,988,000; and
(E) for fiscal year 2025, $399,097,000.
(3) For the National Science Foundation research
traineeship program--
(A) for fiscal year 2021, $57,876,000;
(B) for fiscal year 2022, $61,927,000;
(C) for fiscal year 2023, $66,262,000;
(D) for fiscal year 2024, $70,900,000; and
(E) for fiscal year 2025, $75,863,000.
(4) For the National Science Foundation research experience
for undergraduates--
(A) for fiscal year 2021, $88,864,000;
(B) for fiscal year 2022, $95,084,000;
(C) for fiscal year 2023, $101,740,000;
(D) for fiscal year 2024, $108,862,000; and
(E) for fiscal year 2025, $116,482,000.
(5) For the National Science Foundation Inclusion across
the Nation of Communities of Learners of Underrepresented
Discoverers in Engineering and Science--
(A) for fiscal year 2021, $21,614,000;
(B) for fiscal year 2022, $23,127,000;
(C) for fiscal year 2023, $24,746,000;
(D) for fiscal year 2024, $26,478,000; and
(E) for fiscal year 2025, $28,331,000.
(6) For the National Science Foundation ADVANCE:
organizational change for gender equity in STEM academic
professions--
(A) for fiscal year 2021, $19,260,000;
(B) for fiscal year 2022, $20,608,000;
(C) for fiscal year 2023, $22,051,000;
(D) for fiscal year 2024, $23,595,000; and
(E) for fiscal year 2025, $25,247,000.
(7) For the National Science Foundation cyber scholarships
for service--
(A) for fiscal year 2021, $59,203,000;
(B) for fiscal year 2022, $63,347,000;
(C) for fiscal year 2023, $67,781,000;
(D) for fiscal year 2024, $72,526,000; and
(E) for fiscal year 2025, $77,603,000.
(8) For the National Science Foundation Historically Black
Colleges and Universities undergraduate program--
(A) for fiscal year 2021, $37,450,000;
(B) for fiscal year 2022, $40,072,000;
(C) for fiscal year 2023, $42,877,000;
(D) for fiscal year 2024, $45,878,000; and
(E) for fiscal year 2025, $49,089,000.
(9) For the National Science Foundation Tribal Colleges and
Universities program--
(A) for fiscal year 2021, $16,050,000;
(B) for fiscal year 2022, $17,174,000;
(C) for fiscal year 2023, $18,376,000;
(D) for fiscal year 2024, $19,662,000; and
(E) for fiscal year 2025, $21,038,000.
(10) For the National Science Foundation Hispanic serving
institutions program--
(A) for fiscal year 2021, $48,150,000;
(B) for fiscal year 2022, $51,521,000;
(C) for fiscal year 2023, $55,127,000;
(D) for fiscal year 2024, $58,986,000; and
(E) for fiscal year 2025, $63,115,000.
(b) Supplement, Not Supplant.--Amounts appropriated under
subsection (a) shall supplement, and not supplant, amounts otherwise
appropriated to award grants to carry out mid-scale projects (as
defined in section 109(b)(4) of the American Innovation and
Competitiveness Act (Public Law 114-329; 130 Stat. 2988).
SEC. 167. AUTHORIZATION OF APPROPRIATIONS FOR THE FULBRIGHT-HAYS
PROGRAM.
There are authorized to be appropriated, for the 6-year period
beginning on September 30, 2020, $105,500,000, which shall be expended
to promote education, training, research, and foreign language skills
through the Fulbright-Hays Program, in accordance with section 102(b)
of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2452(b)).
SEC. 168. AUTHORIZATION OF APPROPRIATIONS FOR INTERNATIONAL AND FOREIGN
LANGUAGE EDUCATION PROGRAMS.
In order to promote international and foreign language education
and global understanding at institutions of higher education in the
United States, there are authorized to be appropriated, for the 6-year
period beginning on September 30, 2020, $632,000,000 to carry out the
international and foreign language education programs under title VI of
the Higher Education Act of 1965 (20 U.S.C. 1121 et seq.).
SEC. 169. SUPPORT FOR SCIENCE AND ENGINEERING RESEARCH INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(2) Mid-scale projects.--The term ``mid-scale projects''
has the meaning given such term in section 109(b)(4) of the
American Innovation and Competitiveness Act (Public Law 114-
329; 130 Stat. 2988).
(3) Minority-serving institution.--The term ``minority-
serving institution'' means an eligible institution described
in section 371(a) of the Higher Education Act of 1965 (20
U.S.C. 1067q(a)).
(b) National Institute of Standards and Technology Grants for
Facilities at Institutions of Higher Education.--
(1) In general.--The Director of the National Institute of
Standards and Technology shall award grants on a competitive
basis to institutions of higher education to construct,
renovate, or expand research and development facilities and
infrastructure to support research and development in critical
technology areas.
(2) Geographic distribution.--In carrying out paragraph
(1), the Director shall ensure equitable geographic
distribution of funds.
(3) Awards to minority-serving institutions.--The Director
shall ensure that of the amounts awarded under paragraph (1),
not less than 10 percent of such amounts are awarded to
minority-serving institutions.
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out paragraph (1) $300,000,000 for
the period of fiscal years 2021 through 2025.
(c) National Science Foundation Grants for Mid-Scale Projects.--
(1) In general.--The Director of the National Science
Foundation shall award grants on a competitive basis to
eligible entities to carry out mid-scale projects.
(2) Eligible entities.--For purposes of this subsection, an
eligible entity is an institution of higher education, a
nonprofit organization, or a consortium of institutions of
higher education or nonprofit organizations, that the Director
of the National Science Foundation considers eligible to
receive a grant under paragraph (1).
(3) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to carry out paragraph (1) $300,000,000
for the period of fiscal years 2021 through 2025.
(B) Supplement, not supplant.--Amounts appropriated
under subparagraph (A) shall supplement, and not
supplant, amounts otherwise appropriated to award
grants to carry out mid-scale projects.
(d) Authorization of Appropriations for Defense University Research
Instrumentation Program.--
(1) In general.--For the Secretary of Defense to award
grants under the Defense University Research Instrumentation
Program in accordance with section 2358 of title 10, United
States Code, and section 6304 of title 31, United States Code,
there is authorized to be appropriated--
(A) for fiscal year 2021, $45,017,000;
(B) for fiscal year 2022, $48,169,000;
(C) for fiscal year 2023, $51,541,000;
(D) for fiscal year 2024, $55,149,000; and
(E) for fiscal year 2025, $59,009,000.
(2) Availability for awards under defense established
program to stimulate competitive research.--Of the amounts
appropriated pursuant to paragraph (1) for the Defense
University Research Instrumentation Program in a fiscal year,
not less than 15 percent shall be available in that fiscal year
to support awards through the Defense Established Program to
Stimulate Competitive Research (DEPSCoR).
(3) Awards to minority-serving institutions.--Of the
amounts appropriated pursuant to paragraph (1) for the Defense
University Research Instrumentation Program in a fiscal year,
not less than 10 percent of such amounts shall be used for
awards to minority-serving institutions.
(e) Supplement, Not Supplant.--The amounts authorized to be
appropriated by subsections (b) through (d) for the purposes set forth
in such subsections shall supplement, not supplant, amounts otherwise
authorized to be appropriated for such purposes.
SEC. 170. BUILDING THE INNOVATION AND MANUFACTURING WORKFORCE OF THE
UNITED STATES.
(a) Department of Defense Manufacturing Engineering Education
Program.--
(1) In general.--The Secretary of Defense may, on a
competitive basis, award grants to at least 20 eligible
entities through the Manufacturing Engineering Education
Program established under section 2196(a)(1) of title 10,
United States Code, for the enhancement of existing programs
under subparagraph (A) of such section or establishment of new
programs under subparagraph (B) of such section to support
industry-relevant, manufacturing-focused engineering training,
with a focus on critical technology areas.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out paragraph (1)--
(A) for fiscal year 2021, $16,050,000;
(B) for fiscal year 2022, $17,174,000;
(C) for fiscal year 2023, $18,376,000;
(D) for fiscal year 2024, $19,662,000; and
(E) for fiscal year 2025, $21,038,000.
(3) Supplement, not supplant.--Amounts appropriated under
paragraph (2) shall supplement and not supplant any amounts
otherwise appropriated to carry out the Manufacturing
Engineering Education Program.
(b) Authorization of Appropriations for National Science Foundation
Advanced Technological Education Program.--
(1) In general.--To award grants under section 3(a) of the
Scientific and Advanced-Technology Act of 1992 (42 U.S.C.
1862i(a)) for training programs and education programs in
manufacturing related to the critical technology areas, there
is authorized to be appropriated--
(A) for fiscal year 2020, $80,250,000;
(B) for fiscal year 2021, $85,868,000;
(C) for fiscal year 2022, $91,879,000;
(D) for fiscal year 2023, $98,311,000; and
(E) for fiscal year 2024, $105,193,000.
(2) Supplement, not supplant.--Amounts appropriated under
paragraph (1) shall supplement and not supplant any amounts
otherwise appropriated to award grants under section 3(a) of
the Scientific and Advanced-Technology Act of 1992 (42 U.S.C.
1862i(a)).
SEC. 171. APPRENTICESHIP OPPORTUNITIES.
(a) Definition of Eligible Entity.--The term ``eligible entity''
means a consortium of entities that shall include 1 or more
representatives from each of the following:
(1) A local educational agency (as defined in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)), an area career and technical education school
(as defined in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302)), an
educational service agency (as defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)), or a postsecondary educational institution.
(2) An industry or business, consisting of an employer, a
group of employers, a trade association, a professional
association, an apprenticeship program, or an entity that
sponsors an apprenticeship program.
(3) A State workforce development board established under
section 101 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3111) or a local workforce development board established
under section 107 of such Act (29 U.S.C. 3122), subject to
section 107(c)(4)(B)(i) of such Act (29 U.S.C.
3122(c)(4)(B)(i)).
(4) To the maximum extent practicable, as determined by the
consortium, one or more of the following:
(A) A labor organization associated with the
industry sector or occupation related to the
apprenticeship program involved.
(B) A qualified intermediary.
(C) A community-based organization with experience
serving populations that have been historically
underrepresented in apprenticeship programs.
(b) In General.--From amounts appropriated under subsection (e),
the Secretary of Labor shall award grants, contracts, or cooperative
agreements to eligible entities on a competitive basis to create or
expand apprenticeship programs to prepare the workforce for in-demand
jobs, including in sectors that enhance the competitiveness of the
United States.
(c) Use of Funds.--In making awards under subsection (b), the
Secretary of Labor shall ensure that--
(1) not less than 50 percent of the funds appropriated
under subsection (e) shall be awarded to States in accordance
with the award information described in the Department of Labor
Employment and Training Administration Training and Employment
Guidance Letter No. 17-18 issued on May 3, 2019; and
(2) the funds remaining under subsection (e) after the
application of paragraph (1) shall be used for creating or
expanding opportunities in apprenticeship programs, including
opportunities in pre-apprenticeship programs and youth
apprenticeship programs, and related activities, including--
(A) using recruitment and retention strategies for
program participants with a priority for recruiting and
retaining, for apprenticeship programs, a high number
or high percentage of individuals with barriers to
employment (as defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102)) and
individuals from populations traditionally
underrepresented in apprenticeship programs;
(B) engaging employers in the expansion,
development, and execution of apprenticeship programs;
(C) expanding apprenticeship opportunities in high-
skill, high-wage, or in-demand industry sectors and
occupations, including construction;
(D) supporting national industry and equity
intermediaries and local intermediaries;
(E) improving alignment with secondary,
postsecondary, and adult education programs and
workforce development programs;
(F) encouraging employer participation; and
(G) developing new apprenticeship programs in
industry sectors or occupations not traditionally
represented in apprenticeship programs.
(d) Rule of Construction.--If funds awarded under this Act,
including all funds awarded for the purposes of grants, contracts, or
cooperative agreements, or the development, implementation, or
administration of apprenticeship programs, are used to fund
apprenticeship programs, those funds shall only be provided to
apprenticeship programs (or opportunities in apprenticeship programs)
that meet the definition of an apprenticeship under this section.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $750,000,000 for the period of
fiscal years 2021 through 2026.
SEC. 172. COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIP GRANTS.
(a) Definitions.--In this section:
(1) Perkins cte definitions.--The terms ``career and
technical education'', ``dual or concurrent enrollment
program'', and ``work-based learning'' have the meanings given
the terms in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302).
(2) Eligible entity.--The term ``eligible entity''--
(A) means an eligible institution or a consortium
of such eligible institutions; and
(B) may include a multistate consortium of such
eligible institutions.
(3) Eligible institution.--The term ``eligible
institution'' means a public institution of higher education
(as defined in section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)) at which the highest degree that is
predominantly awarded to students is an associate degree,
including a 2-year Tribal College or University (as defined in
section 316 of the Higher Education Act of 1965 (20 U.S.C.
1059c)).
(4) In-demand industry sector or occupation.--The term
``in-demand industry sector or occupation'' has the meaning
given the term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(b) Grant Authority.--
(1) In general.--From amounts appropriated under subsection
(h) and not reserved under subsection (f), the Secretary of
Labor, in collaboration with the Secretary of Education (acting
through the Office of Career, Technical, and Adult Education)
shall award, on a competitive basis, grants, contracts, or
cooperative agreements, in accordance with section 169(b)(5) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3224(b)(5)), to eligible entities to assist such eligible
entities in--
(A) establishing and scaling career training
programs, including career and technical education
programs, and industry and sector partnerships to
inform such programs; and
(B) providing necessary student supports for
participation in such programs.
(2) Award amounts.--The total amount of funds awarded under
this section to an eligible entity shall not exceed--
(A) in the case of an eligible entity that is an
eligible institution, $2,500,000; and
(B) in the case of an eligible entity that is a
consortium, $15,000,000.
(3) Award period.--A grant, contract, or cooperative
agreement awarded under this section shall be for a period of
not more than 4 years, except that the Secretary of Labor may
extend such a grant, contract, or agreement for an additional
2-year period.
(4) Equitable distribution.--In awarding grants under this
section, the Secretary of Labor shall ensure, to the extent
practicable, the equitable distribution of grants, based on--
(A) geography (such as urban and rural
distribution); and
(B) States and local areas significantly impacted
by the COVID-19 national emergency.
(c) Priority.--In awarding funds under this section, the Secretary
of Labor shall give priority to eligible entities that will use such
funds to serve individuals impacted by the COVID-19 national emergency,
as demonstrated by providing an assurance in the application submitted
under subsection (d) that the eligible entity will use such funds to--
(1) serve such individuals who are--
(A) individuals with barriers to employment;
(B) veterans or spouses of members of the Armed
Forces;
(C) Native Americans, Alaska Natives, or Native
Hawaiians; or
(D) incumbent workers who are low-skilled and who
need to increase their employability skills;
(2) serve such individuals from each major racial and
ethnic group or gender with lower-than-average educational
attainment in the State or employment in the in-demand industry
sector or occupation that such award will support; or
(3) serve areas with high unemployment rates or high levels
of poverty, including rural areas.
(d) Application.--An eligible entity seeking an award of funds
under this section shall submit to the Secretary of Labor an
application containing a grant proposal at such time and in such
manner, and containing such information, as required by the Secretary,
including a detailed description of the following:
(1) Each entity (and the roles and responsibilities of each
entity) with which the eligible entity will partner to carry
out activities under this section, which shall include, at a
minimum--
(A) an industry or sector partnership (as defined
in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102)) representing a high-
skill, high-wage, or in-demand industry sector or
occupation;
(B) a State higher education agency (as defined in
section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003)) or a State workforce agency; and
(C) to the extent practicable, one or more of each
of the following:
(i) State or local workforce development
systems.
(ii) Economic development or other relevant
State or local agencies.
(iii) Community-based organizations.
(iv) Institutions of higher education that
primarily award 4-year degrees with which the
eligible entity has developed or will develop
articulation agreements for programs created or
expanded using funds under this section.
(v) Providers of adult education.
(vi) One or more labor organizations or
joint labor-management partnerships.
(2) The programs that will be supported with such award,
including a description of--
(A) each program that will be developed or
expanded, and how the program will be responsive to the
high-skill, high-wage, or in-demand industry sectors or
occupations in the geographic region served by the
eligible entity under this section, including--
(i) how the eligible entity will
collaborate with employers to ensure each such
program will provide the skills and
competencies necessary to meet future
employment demand; and
(ii) the quantitative data and evidence
that demonstrates the extent to which each such
program will meet the needs of employers in the
geographic area served by the eligible entity
under this section;
(B) the recognized postsecondary credentials to be
awarded under each program described in subparagraph
(A);
(C) how each such program will facilitate
cooperation between representatives of workers and
employers in the local areas to ensure a fair and
engaging workplace that balances the priorities and
well-being of workers with the needs of businesses;
(D) the extent to which each such program aligns
with a statewide or regional workforce development
strategy, including such strategies established under
section 102(b)(1) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3112(b)(1)); and
(E) how the eligible entity will ensure the quality
of each such program, the career pathways within each
such program, and the jobs in the industry sectors or
occupations to which the program is aligned.
(3) The extent to which the eligible entity can leverage
additional resources, and demonstration of the future
sustainability of each such program.
(4) How each such program and the activities carried out
with funds under this section will include evidence-based
practices, including a description of such practices.
(5) The student populations that will be served by the
eligible entity, including--
(A) an analysis of any barriers to employment or
barriers to postsecondary education that such
populations face, and an analysis of how the services
to be provided by the eligible entity under this
section will address such barriers; and
(B) how the eligible entity will support such
populations to establish a work history, demonstrate
success in the workplace, and develop the skills and
competencies that lead to entry into and retention in
unsubsidized employment.
(6) Assurances the eligible entity will participate in and
comply with third-party evaluations described in subsection
(f)(3).
(e) Use of Funds.--
(1) In general.--An eligible entity receiving a grant,
contract, or cooperative agreement under this section shall use
funds made available under such grant, contract, or cooperative
agreement to establish and scale career training programs,
including career and technical education programs, and career
pathways and supports for students participating in such
programs.
(2) Student support and emergency services.--Not less than
15 percent of funds made available to an eligible entity under
this section shall be used to carry out student support
services, which may include the following:
(A) Supportive services, including childcare,
transportation, mental health services, substance use
disorder prevention and treatment, assistance in
obtaining health insurance coverage, housing, and
assistance in accessing the supplemental nutrition
assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the
special supplemental nutrition program for women,
infants, and children established by section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786), and other
benefits, as appropriate.
(B) Connecting students to State or Federal means-
tested benefits programs, including the means-tested
Federal benefits programs described in subparagraphs
(A) through (F) of section 479(d)(2) of the Higher
Education Act of 1965 (20 U.S.C. 1087ss(d)(2)).
(C) The provision of direct financial assistance to
help students facing financial hardships that may
impact enrollment in or completion of a program
assisted with such funds.
(D) Navigation, coaching, mentorship, and case
management services, including providing information
and outreach to populations described in subsection (c)
to take part in a program supported with such funds.
(E) Providing access to necessary supplies,
materials, or technological devices, and required
equipment, and other supports necessary to participate
in such programs.
(3) Additional required program activities.--The funds
awarded to an eligible entity under this section that remain
after carrying out paragraph (2) shall be used to--
(A) create, develop, or expand articulation
agreements (as defined in section 486A(a) of the Higher
Education Act of 1965 (20 U.S.C. 1093a(a)), credit
transfer agreements, policies to award credit for prior
learning, corequisite remediation, dual or concurrent
enrollment programs, career pathways, and competency-
based education;
(B) establish or expand industry or sector
partnerships to develop or expand academic programs and
curricula;
(C) establish or expand work-based learning
opportunities, including apprenticeship programs or
paid internships;
(D) establish or implement plans for programs
supported with funds under this section to be included
on the list of programs and eligible training providers
described under section 122(d) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3152(d));
(E) award academic credit or provide for academic
alignment toward credit pathways for programs assisted
with such funds, including through industry-recognized
credentials, competency-based education, or work-based
learning;
(F) make available open, searchable, and comparable
information on the recognized postsecondary credentials
awarded under such programs, including the related
skills or competencies, related employment, and
earnings outcomes; or
(G) acquiring equipment necessary to support
activities permitted under this section.
(f) Secretarial Reservations.--Not more than 5 percent of the funds
appropriated for a fiscal year may be used by the Secretary of Labor
for--
(1) the administration of the program under this section,
including providing technical assistance to eligible entities;
(2) targeted outreach to eligible institutions serving a
high number or high percentage of low-income populations, and
rural-serving eligible institutions, to provide guidance and
assistance in the grant application process under this section;
and
(3) a rigorous, third-party evaluation that uses
experimental or quasi-experimental design or other research
methodologies that allow for the strongest possible causal
inferences to determine whether each eligible entity carrying
out a program supported under this section has met the goals of
such program as described in the application submitted by
eligible entity, including through a national assessment of all
such programs at the conclusion of each 4-year grant period.
(g) Reports and Dissemination.--
(1) Reports.--Each eligible entity receiving funds under
this section shall prepare and submit a report to the Secretary
of Labor annually that includes--
(A) a description of the programs supported with
such funds, including activities carried out directly
by the eligible entity and activities carried out by
each partner of the eligible entity described in
subsection (d)(1);
(B) data on the population served with the funds
and labor market outcomes of populations served by the
funds;
(C) a description of the resources leveraged by the
eligible entity to support activities under this
section; and
(D) the performance of each program supported with
such funds with respect to the primary indicators of
performance under section 116(b)(2)(A)(i) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3141(b)(2)(A)(i)).
(2) Dissemination.--Each eligible entity receiving funds
under this section shall--
(A) participate in activities regarding the
dissemination of related research, best practices, and
technical assistance; and
(B) to the extent practicable, and as determined by
the Secretary of Labor, make available to the public
any materials created under the grant.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000,000 for fiscal year
2020, to remain available through fiscal year 2024.
SEC. 173. SENSE OF CONGRESS THAT INSTITUTIONS OF HIGHER EDUCATION,
FEDERAL AND STATE GOVERNMENTS, AND BUSINESSES SHOULD
ADDRESS THE UNDERREPRESENTATION OF STUDENTS OF COLOR AND
WOMEN IN STEM FIELDS.
It is the sense of Congress that institutions of higher education,
Federal and State governments, and businesses should address
underrepresentation of students of color and women and promote
inclusivity in the fields of science, technology, engineering, and
mathematics (referred to in this section as ``STEM fields''), including
by--
(1) encouraging exposure of individuals from
underrepresented groups to STEM fields at an early age;
(2) recruiting a diverse and talented pool of applicants
for STEM fields;
(3) cultivating talent from underrepresented groups through
mentoring programs, sponsorship initiatives, recruitment
events, and other similar opportunities;
(4) providing professional development opportunities,
training, income assistance, and support services for
individuals from underrepresented groups to enter senior-level
positions;
(5) offering research opportunities and grants to a diverse
group of individuals;
(6) collecting, analyzing, and making public demographic
data, disaggregated by rank and grade or grade-equivalent
(where applicable), in order to assess the demographic
breakdowns of--
(A) applications for positions in STEM fields;
(B) individuals hired to join the workforce in a
STEM field or admitted to an institution of higher
education for studies in a STEM field;
(C) promotion rates in STEM fields; and
(D) individuals in senior-level positions in STEM
fields;
(7) providing regular mandatory anti-harassment and anti-
discrimination training; and
(8) establishing clear reporting mechanisms for harassment
and discrimination that protect the reporter from reprisal.
SEC. 174. PROHIBITION ON CERTAIN FEDERAL EMPLOYEES ACCEPTING TRADEMARKS
FROM THE GOVERNMENT OF CHINA.
(a) Definitions.--In this section--
(1) the term ``covered period'' means the period beginning
on the date on which an individual is appointed to a covered
position and ending on the date that is 5 years after the date
on which the individual separates from that covered position;
and
(2) the term ``covered position'' means--
(A) a position that requires appointment by the
President, by and with the advice and consent of the
Senate;
(B) a position of a confidential or policy-
determining character under Schedule C of subpart C of
part 213 of title 5, Code of Federal Regulations, or
any successor regulations; or
(C) a position in the Executive Office of the
President, including the White House Office.
(b) Prohibition.--During a covered period with respect to an
individual, the individual may not accept from the People's Republic of
China any trademark that is granted, issued, approved, awarded, or
registered by that Government.
SEC. 175. REPORT ON THE GOVERNMENT OF CHINA'S EFFORTS TO INFLUENCE AND
INTIMIDATE CHINESE DIASPORA COMMUNITIES.
(a) Study.--The Secretary of State, working through a federally
funded research and development center, shall conduct a study of
efforts of the Government of China to influence and intimidate members
of Chinese diaspora communities globally.
(b) Elements.--The study required under subsection (a) shall
include--
(1) an assessment of the current strategy of, and resources
used by, the Government of China to influence Chinese diaspora
communities, including a review of--
(A) digital, print, and other media;
(B) public diplomacy efforts;
(C) the use of disinformation; and
(D) any other resources or tactics used by the
Government of China to influence or intimidate Chinese
diaspora communities globally;
(2) a description of the impacts that the influence and
intimidation efforts referred to in paragraph (1) have had on
Chinese diaspora communities;
(3) the identification of Chinese government officials
involved in directing and executing the activities referred to
in paragraph (1);
(4) a list of the nations in which Chinese diaspora
communities have been targeted;
(5) a description of the tactics and resources used by the
Government of China in each nation referred to in paragraph
(4); and
(6) a review of the efforts made by nations to counteract
the influence of the Government of China on Chinese diaspora
communities, including an assessment of the efficacy of such
efforts.
(c) Strategy and Recommendations.--The federally funded research
and development center selected to conduct the study under subsection
(a) shall develop a strategy and recommendations to counter the
influence of the Government of China on Chinese diaspora communities,
which shall include--
(1) any authorities or resources required to carry out the
strategy; and
(2) the identification of opportunities to cooperate with
other nations to counteract such influence operations.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of State shall submit a report containing the
results of the study conducted under subsection (a) and strategy and
recommendations described in subsection (c) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Select Committee on Intelligence of the Senate;
(4) the Committee on Appropriations of the Senate;
(5) the Committee on Foreign Affairs of the House of
Representatives;
(6) the Committee on Armed Services of the House of
Representatives;
(7) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(8) the Committee on Appropriations of the House of
Representatives.
SEC. 176. CREATION OF A CIVIL SOCIETY FUND TO RESEARCH AND DOCUMENT
CHINESE GOVERNMENT OPERATIONS.
(a) In General.--The Secretary of State, acting through the
Assistant Secretary of State for Democracy, Human Rights, and Labor and
in coordination with the Administrator of the United States Agency for
International Development, shall establish a fund that will support
civil society nongovernmental organizations and think tanks to
document, research, publish, and run local campaigns around Chinese
Communist Party and Chinese government operations outside of mainland
China that pertain to--
(1) international human rights;
(2) democracy;
(3) good governance;
(4) labor;
(5) the environment; and
(6) anti-corruption.
(b) Authorization of Appropriations.--There is authorized to be
appropriated, for each of fiscal years 2021 through 2025, such sums as
may be necessary for this fund.
SEC. 177. SUPPORTING LOCAL MEDIA.
(a) In General.--The Secretary of State, acting through the
Assistant Secretary of State for Democracy, Human Rights, and Labor and
in coordination with the Administrator of the United States Agency for
International Development, shall support and train journalists on
investigative techniques necessary to ensure public accountability
around the Chinese government's Belt and Road Initiative, Chinese
surveillance and digital export of technology, and other Chinese
influence operations abroad.
(b) Authorization of Appropriations.--There is authorized to be
appropriated, for each of fiscal years 2021 through 2025, such sums as
may be necessary for this support.
TITLE II--INVESTING IN ALLIANCES AND PARTNERSHIPS
Subtitle A--Strategic and Diplomatic Matters
SEC. 201. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this subtitle, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 202. UNITED STATES COMMITMENT AND SUPPORT FOR ALLIES AND PARTNERS
IN THE INDO-PACIFIC.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States benefits greatly from its ties to
allies and partners, without which the United States would be
less secure and less prosperous;
(2) any fissures in the United States alliance
relationships and partnerships only benefit United States
adversaries;
(3) the Governments of the United States, Japan, the
Republic of Korea, the Philippines, Australia, and Thailand are
important allies in tackling global challenges and have pledged
significant support for efforts of shared interest;
(4) strengthening and deepening partnerships with the
nations of Southeast Asia, including Singapore, Indonesia,
Vietnam, and Malaysia, as well as with the region's emerging
ASEAN-centered architecture, is essential to further our shared
interests;
(5) the United States should make concrete efforts to
cultivate and deepen ties with allies and partners through new
and ongoing dialogue and exchanges with counterparts; and
(6) the United States will work with allies to prioritize
promoting human rights and labor rights throughout the region.
(b) Statement of Policy.--It shall be the policy of the United
States--
(1) to deepen multilateral diplomatic, economic, and
security cooperation between and among the United States,
Japan, the Republic of Korea, the Philippines, Thailand, and
Australia, including through diplomatic engagement, regional
development, energy security, scientific and health
partnerships, educational and cultural exchanges, missile
defense, intelligence-sharing, space, cyber, and other
diplomatic and defense-related initiatives;
(2) to uphold our multilateral and bilateral treaty
obligations, including--
(A) defending Japan, including all areas under the
administration of Japan, under article V of the Treaty
of Mutual Cooperation and Security Between the United
States of America and Japan;
(B) defending the Republic of Korea under article
III of the Mutual Defense Treaty Between the United
States and the Republic of Korea;
(C) defending the Philippines under article IV of
the Mutual Defense Treaty Between the United States and
the Republic of the Philippines;
(D) defending Thailand under the 1954 Manila Pact
and the Thanat-Rusk communique of 1962; and
(E) defending Australia under article IV of the
Australia, New Zealand, United States Security Treaty;
(3) to strengthen and deepen our bilateral and regional
partnerships, including with ASEAN and New Zealand;
(4) to cooperate with Japan, the Republic of Korea, the
Philippines, Thailand, and Australia to promote human rights
bilaterally and through regional and multilateral fora and
pacts; and
(5) to strengthen and advance diplomatic, economic, and
security cooperation with regional partners, such as Vietnam,
Malaysia, Singapore, Indonesia, and India.
SEC. 203. REVIVING UNITED STATES LEADERSHIP IN INTERNATIONAL
ORGANIZATIONS AND REGIONAL INSTITUTIONS.
(a) Findings.--Congress makes the following findings:
(1) The Trump Administration has abdicated historic United
States leadership at the United Nations and in other
international and regional organizations, creating a vacuum
that the Government of China is filling.
(2) The United States, through enforcement of a statutory
cap on contributions to United Nations peacekeeping operations,
has accrued $1,000,000,000 in arrears since fiscal year 2017,
leading to funding disruptions to United Nations peacekeeping
missions.
(3) The Administration withdrew the United States from the
United Nations Human Rights Council in 2018 and is currently
withholding assessed funds for the Office of the United Nations
High Commissioner for Human Rights, which has authorized and
led investigations uncovering grave human rights abuses in
Syria, Venezuela, Iran, and the Democratic People's Republic of
Korea, among other places.
(4) The United States formally submitted a notice of
withdrawal from the Paris Climate Agreement in 2019, a landmark
international agreement to reduce greenhouse gas emissions and
address the impacts of climate change.
(5) In the midst of a deadly global pandemic, President
Trump announced on May 29, 2020, that the United States would
``terminate'' its relationship with the World Health
Organization, and on July 6, 2020, the Administration submitted
its formal notice of withdrawal from the World Health
Organization. The World Health Organization is playing a key
role in the global pandemic response, including by developing
technical guidance, providing personal protective equipment and
testing kits to low-resource countries, and supporting efforts
to identify effective treatments and a vaccine.
(6) The Administration has taken these decisions at the
same time the Government of China is increasing its activities
at the United Nations and in international and regional
organizations in order to pursue its national interests and
exploit the United States leadership vacuum.
(7) Chinese nationals currently head four of the United
Nations specialized agencies, the International Civil Aviation
Organization (ICAO), the Food and Agriculture Organization
(FAO), the International Telecommunication Union (ITU), and the
United Nations Industrial Development Organization (UNIDO). A
United States national holds the top leadership position in
UNICEF and the World Bank.
(8) The Government of China has sought to use its growing
influence to promote a view of international human rights
contrary to universal values and elevates the power of the
Chinese Communist Party and the state over the rights of the
individual, gives primacy to economic and social matters over
civil and political rights, and seeks to mute criticism of
individual countries' human rights records, particularly its
own.
(9) The Government of China, at every opportunity, will
fill the leadership void left by the United States if the
United States continues to decrease its engagement with and in
regional institutions, international organizations, and with
the United Nations, by withdrawing from key United Nations
bodies, unilaterally cutting funding to core United Nations
programs and agencies, or abrogating its obligations under
multilateral treaties or agreements.
(b) Statement of Policy.--It shall be the policy of the United
States to take the following actions:
(1) Fully engage with United Nations bodies and agencies to
counter efforts by Chinese diplomats to push concepts,
proposals, and programs that undermine United States national
and allied interests and values.
(2) Pay United States peacekeeping assessments at the
assessed rate negotiated by United States diplomats at the
United Nations and pay back outstanding arrears.
(3) Reengage with the United Nations Human Rights Council,
including by running for a seat on the Council in future
elections held by the United Nations General Assembly.
(4) Refrain from withholding budget funds from the Office
of the United Nations High Commissioner for Human Rights.
(5) Rescind the United States notice of withdrawal from the
Paris Climate Agreement or if this Act is enacted after
November 4, 2020, rejoin as a party to the Paris Climate
Agreement.
(6) Rescind the United States notice of withdrawal from the
World Health Organization, release assessed and voluntary
funding withheld from the WHO, and engage with the WHO on
efforts to combat COVID-19 and other public health threats.
(7) Seek to support United States candidates for positions
in United Nations bodies and to ensure that such efforts are
resourced and staffed, as well as to encourage and support
like-minded governments to put forth their own nominees for
positions in United Nations bodies.
(8) Engage with regional organizations, including NATO, the
Association of Southeast Asian Nations (ASEAN), the
Organization for Security and Co-operation in Europe (OSCE),
the Asia-Pacific Economic Cooperation (APEC), and the
Organization of American States (OAS) to counter efforts by
Chinese diplomatic concepts, proposals, and programs that
undermine United States national and allied interests and
values.
SEC. 204. MANDATE TO USE SANCTIONS AUTHORITIES WITH RESPECT TO THE
PEOPLE'S REPUBLIC OF CHINA.
(a) Findings.--Congress makes the following findings:
(1) Congress has provided the President with a broad range
of tough authorities to impose sanctions to address malign
behavior by the Government of China and individuals and
entities in the People's Republic of China, including
individuals and entities engaging in--
(A) intellectual property theft;
(B) cyber-related economic espionage;
(C) repression of ethnic minorities;
(D) the use of forced labor and other human rights
abuses;
(E) abuses of the international trading system;
(F) illicit assistance to and trade with the
Government of North Korea; and
(G) drug trafficking, including trafficking in
fentanyl and other opioids.
(2) Congress has in many cases mandated imposition of
sanctions and other measures with respect to individuals and
entities identified as responsible for such behavior.
(b) Mandate To Use Authorities.--
(1) In general.--The President shall use the full range of
authorities available to the President, including the
authorities described in paragraph (2) to impose sanctions and
other measures to combat malign behavior by the Government of
China, entities owned or controlled by that Government, and
other Chinese individuals and entities responsible for such
behavior.
(2) Authorities described.--The authorities described in
this paragraph include the following:
(A) The Global Magnitsky Human Rights
Accountability Act (subtitle F of title XII of Public
Law 114-328; 22 U.S.C. 2656 note).
(B) Section 1637 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (50 U.S.C. 1708) (relating to
addressing economic and industrial espionage in
cyberspace).
(C) The Fentanyl Sanctions Act (21 U.S.C. 2301 et
seq.).
(D) The Hong Kong Autonomy Act (Public Law 116-149;
22 U.S.C. 5701 note) (relating to the imposition of
sanctions with respect to the erosion of certain
obligations of the People's Republic of China with
respect to Hong Kong).
(E) Section 7 of the Hong Kong Human Rights and
Democracy Act of 2019 (Public Law 116-76; 22 U.S.C.
5701 note) (relating to the imposition of sanctions
relating to undermining fundamental freedoms and
autonomy in Hong Kong).
(F) Section 6 of the Uyghur Human Rights Policy Act
of 2020 (Public Law 116-145; 22 U.S.C. 6901 note)
(relating to the imposition of sanctions with respect
to violations of human rights of minority groups in the
Xinjiang Uyghur Autonomous Region).
(G) The Export Control Reform Act of 2018 (50
U.S.C. 4801 et seq.) (relating to the imposition of new
export controls).
(H) Export control measures required to be
maintained with respect to entities in the
telecommunications sector of the People's Republic of
China, including under section 1260I of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92) (relating to limiting the removal of Huawei
Technologies Co. Ltd. from the entity list of the
Bureau of Industry and Security).
(I) Section 889(a)(1)(B) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 41 U.S.C. 3901 note prec.)
(relating to a prohibition on Federal Government
contracts with entities that use telecommunications
equipment or services produced by certain Chinese
entities).
SEC. 205. NEGOTIATIONS WITH G7 COUNTRIES ON THE PEOPLE'S REPUBLIC OF
CHINA.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the President, acting through the Secretary of
State, shall initiate a China-focused agenda at the G7, with respect to
the following issues:
(1) Trade and investment issues and enforcement.
(2) Establishing and promulgating international
infrastructure standards.
(3) The erosion of democracy in Hong Kong.
(4) Human rights concerns in Xinjiang, Tibet, and other
areas in the People's Republic of China.
(5) The security of 5G telecommunications.
(6) Anti-competitive behavior.
(7) Coercive and indentured international finance and
conditional provision of foreign assistance.
(8) International influence campaigns.
(9) Environmental standards.
(10) Coordination with like-minded regional partners,
including the Republic of Korea and Australia.
(b) Briefing on Progress of Negotiations.--Not later than one year
after the date of enactment of this Act, the President shall provide to
the Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives a briefing on the
progress of any negotiations described in subsection (a).
SEC. 206. ENHANCING THE UNITED STATES-TAIWAN PARTNERSHIP.
(a) Findings.--Congress makes the following findings:
(1) April 10, 2019, marks the 40th anniversary of the
Taiwan Relations Act of 1979 (Public Law 96-8).
(2) Since 1949, the close relationship between the United
States and Taiwan has been of enormous benefit to both parties
and to the Indo-Pacific region as a whole.
(3) The military balance of power across the Taiwan Strait
continues to shift in favor of the People's Republic of China,
which is currently engaged in a comprehensive military
modernization campaign to enhance the power-projection
capabilities of the People's Liberation Army and its ability to
conduct joint operations.
(4) Taiwan and its diplomatic partners continue to face
sustained pressure and coercion from the Government of China to
isolate Taiwan from the international community, including the
World Health Organization.
(5) In the Taiwan Travel Act (Public Law 115-135), which
became law on March 16, 2018, Congress observed that the
``self-imposed restrictions that the United States maintains''
on relations with Taiwan have negative consequences for the
United States-Taiwan relationship.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Taiwan is a vital part of the United States Indo-
Pacific strategy;
(2) the security of Taiwan and its democracy are key
elements for the continued peace and stability of the greater
Indo-Pacific region, and a vital national security interest of
the United States;
(3) the United States Government--
(A) supports Taiwan's efforts to seek appropriate
international space and meaningful participation in
appropriate international organizations; and
(B) should seek to reinforce its commitments to
Taiwan under the Taiwan Relations Act (Public Law 96-8)
in a manner consistent with the ``Six Assurances'' and
in accordance with the United States ``One China''
policy as both governments work to improve bilateral
relations;
(4) Taiwan's implementation of its asymmetric defense
strategy is supported by the United States Government;
(5) Taiwan must increase its defense spending in order to
fully resource its defense strategy; and
(6) the United States should conduct regular transfers of
defense articles to Taiwan in order to enhance Taiwan's self-
defense capabilities, particularly its efforts to develop and
integrate asymmetric capabilities, including undersea warfare
and air defense capabilities, into its military forces.
(c) Statement of Policy.--It is the policy of the United States--
(1) to advocate for Taiwan's meaningful participation in
the United Nations, the World Health Assembly, the
International Civil Aviation Organization, the International
Criminal Police Organization, and other international bodies as
appropriate;
(2) to seek meaningful cooperation between the United
States, Taiwan, and other like-minded partners; and
(3) that the United States should actively work with other
member countries of international bodies and organizations to
advocate for Taiwan's participation.
SEC. 207. GLOBAL PUBLIC HEALTH RISK REDUCTION PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) recurring outbreaks of emerging and reemerging zoonotic
diseases, including Ebola virus disease, severe acute
respiratory syndrome, and avian influenza, pose an increasing
threat to lives and livelihood, demonstrating the need to
engage in a One Health approach, which recognizes the
interconnection between people, animals, plants, and their
shared environment; and
(2) transparency, coordination, and collaboration with
stakeholders and partners is key to containment of emerging
zoonotic diseases.
(b) Risk Reduction Strategy.--The Administrator of the United
States Agency for International Development and the Director of the
Centers for Disease Control and Prevention shall design and implement a
program, in collaboration, to the extent possible, with the People's
Republic of China, to reduce the risk of the transmission of dangerous
pathogens from animals to people, including strains of coronavirus,
Ebola, and influenza, and to foster transparency in reporting the
emergence of such zoonotic diseases. The program should focus on--
(1) the investments that reduce most effectively the risk
of the transmission of viruses that pose the greatest threat to
Americans and United States national security; and
(2) building networks and strengthening capacity in labs,
institutions of higher education, and other institutions to
identify and publicly report on emerging zoonotic diseases.
SEC. 208. ENHANCEMENT OF DIPLOMATIC AND ECONOMIC ENGAGEMENT WITH
PACIFIC ISLAND COUNTRIES.
(a) Authority.--The Secretary of State and Secretary of Commerce
are authorized to hire Locally Employed Staff in Pacific island
countries for the purpose of promoting increased diplomatic engagement
and increased economic and commercial engagement between the United
States and Pacific island countries.
(b) Availability of Funds.--
(1) In general.--Of the amounts authorized to be
appropriated to the Department of State and the Department of
Commerce for fiscal year 2021, not more than $10,000,000,
respectively, shall be available to carry out the purposes of
this section.
(2) Termination.--The availability of funds in paragraph
(1) shall expire on December 31, 2025.
(c) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
and the Secretary of Commerce shall provide to the appropriate
committees of Congress a report on the activities of the Department of
State and Department of Commerce Locally Employed Staff in Pacific
island countries, which shall include an assessment of the additional
diplomatic, economic, and commercial engagement and activities in the
Pacific island countries provided by Locally Employed Staff and an
assessment of the impact of the activities with respect to the
diplomatic, economic, and security interests of the United States.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations, the Committee on
Commerce, Science, and Transportation, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Energy and Commerce, and the Committee on Appropriations of the
House of Representatives.
SEC. 209. REPORTING ON THE BELT AND ROAD INITIATIVE AFTER ONSET OF THE
COVID-19 PANDEMIC.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Director of National Intelligence, shall submit to the Committee on
Foreign Relations and the Select Committee on Intelligence of the
Senate and the Committee on Foreign Affairs and the Permanent Select
Committee on Intelligence of the House of Representatives a report on
the Government of China's Belt and Road Initiative.
(b) Elements.--The report required by subsection (a) shall assess
the following:
(1) The implications of COVID-19 on the Government of
China's Belt and Road Initiative (BRI) with respect to any
agreements made with BRI contracted countries on debt
restructuring, debt sustainability, or debt forgiveness.
(2) The failure of the BRI of the People's Republic of
China to meet international standards with respect to the
following:
(A) The sovereignty of the countries in which
infrastructure investments are made.
(B) Anti-corruption.
(C) Rule of law.
(D) Human rights.
(E) Fiscal and debt sustainability.
(F) Environmental and energy standards.
(G) Labor.
(H) Transparency.
(I) Greenhouse gas emissions reduction and climate
change.
(3) The links between the BRI and the following:
(A) The exportation by the Government of China of
mass surveillance techniques and technologies.
(B) The attempts of the Government of China to
suppress information about and misrepresent reporting
of its human rights abuses of Uyghurs in Xinjiang
Uyghur Autonomous Region.
(4) Whether any projects being carried out under the BRI
present the potential for United States engagement, with the
support of the Asian Development Bank, to leverage existing
contracts into sustainable infrastructure investments.
(5) Whether any such projects meet the international
standards described in paragraph (2).
(6) In the case of projects described in paragraph (4) that
fail to meet the international standards described in paragraph
(2), whether such failures could be mitigated through support
by the United States.
(c) United States Government Website.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of State, in
consultation with the Director of National Intelligence, shall create a
regularly updated website disclosing and assessing the implications of
the BRI of the People's Republic of China as described in subsection
(b).
(d) Classified Report.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in coordination with
the Director of National Intelligence, shall submit to the Committee on
Foreign Relations and the Select Committee on Intelligence of the
Senate and the Committee on Foreign Affairs and the Permanent Select
Committee on Intelligence of the House of Representatives a classified
report on the BRI, which shall assess the following:
(1) Whether the BRI is achieving the objectives of the
Government of China.
(2) How the BRI is managed and controlled.
(3) How the BRI is evolving over time.
SEC. 210. UNITED STATES INTERNATIONAL DEVELOPMENT AND INVESTMENT
AGENDA.
The Department of State, in coordination with relevant agencies and
departments, shall launch a series of fora around the world showcasing
the commitment of the United States and partners of the United States
to high-quality development cooperation, including with respect to--
(1) good governance;
(2) the rule of law;
(3) transparency;
(4) financing; and
(5) the advancement of free markets and competition.
SEC. 211. REPORT ON DEPARTMENT OF STATE PERSONNEL AND RESOURCES DEVOTED
TO THE INDO-PACIFIC.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall--
(1) conduct a rightsizing review of personnel and resources
of the Department of State dedicated to the Indo-Pacific; and
(2) submit to the Committee on Foreign Relations and the
Committee on Appropriations of the Senate and the Committee on
Foreign Affairs and the Committee on Appropriations of the
House of Representatives a report on--
(A) the findings of the review; and
(B) related analysis and recommendations.
SEC. 212. UNITED STATES-CHINA CLIMATE COOPERATION.
It is the sense of Congress that--
(1) successful mitigation of global greenhouse gas
emissions sufficiently to avoid the worst forecasted effects of
climate change requires global cooperation and coordination of
efforts;
(2) as both the world's largest emitters and largest
economies, all other nations look towards the United States and
the People's Republic of China for leadership by example to
effectively mitigate greenhouse gas emissions, develop and
deploy energy generation technologies, and integrate
sustainable adaptation solutions to the effects of climate
change that are inevitable;
(3) the United States and the People's Republic of China
should, to the extent practicable, coordinate on making and
delivering ambitious pledges to reduce domestic greenhouse gas
ambitions, with aspirations towards achieving net zero
greenhouse gas emissions by 2050;
(4) the United States, and its allies, should work together
to hold the Government of China accountable to--
(A) meet emissions reductions commitments under the
Paris Climate Agreement;
(B) work faithfully to uphold the principles,
goals, and rules of the Paris Climate Agreement; and
(C) avoid and prohibit efforts to undermine or
devolve the Paris Climate Agreement's rule or
underlying framework, particularly within areas of
accountability transparency, and shared responsibility
among all parties; and
(5) pursuing opportunities for the United States and the
People's Republic of China to cooperate on clean energy
research, development, finance, and deployment, with clear
mutually agreed upon rules and policies to protect intellectual
property and ensure equitable non-punitive provision of
support, would provide catalytic progress towards delivering a
global clean energy transformation that benefits all.
SEC. 213. ENHANCING UNITED STATES LEADERSHIP AND COMPETITIVENESS IN
ADVANCING GLOBAL CLEAN ENERGY DEVELOPMENT.
(a) United States Contributions.--The Secretary of the Treasury may
contribute annually on behalf of the United States $225,000,000 to the
Clean Technology Fund managed by the World Bank (in this section
referred to as the ``Fund'').
(b) Limits on Country Access.--The Secretary of the Treasury shall
use the voice, vote, and influence of the United States to ensure
that--
(1) the Fund does not provide more than approximately 15
percent of the resources of the Fund to any one country; and
(2) each country that receives amounts from the Fund submit
to the governing body of the Fund an investment plan that--
(A) will achieve significant reductions in
national-level greenhouse gas emissions; and
(B) in the case of a country that is not classified
by the World Bank as having a low-income economy,
provides for not less than 15 percent of the total cost
of the plan to be contributed from the public funds of
the country.
(c) Project and Program Requirements.--
(1) In general.--The Secretary of the Treasury shall use
the voice, vote, and influence of the United States to ensure
that support from the Fund is used exclusively to support the
deployment of clean energy technologies in developing countries
(including, where appropriate, through the provision of
technical support or support for policy or institutional
reforms) in a manner that achieves substantial additional
reductions in greenhouse gas emissions.
(2) Definitions.--In this subsection:
(A) Additional.--The term ``additional'' refers to
the extent to which a project or program supported
under this subsection results in lower greenhouse gas
emissions than would have occurred in the absence of
the project or program, taking into account, to the
extent practicable, effects beyond the physical
boundaries of the project or program that result from
project or program activities.
(B) Clean energy technology.--The term ``clean
energy technology'' means a technology that, as
compared with technologies being deployed at that time
for widespread commercial use in the country involved
does the following:
(i) Achieves substantial reductions in
greenhouse gas emissions.
(ii) Does not result in significant
incremental adverse effects on public health or
the environment.
(iii) Does one or more of the following:
(I) Generates electricity or useful
thermal energy from a non-fossil
renewable resource.
(II) Substantially increases the
energy efficiency of buildings or
industrial processes, or of electricity
transmission, distribution, or end-use
consumption.
(III) Substantially increases the
energy efficiency of the transportation
system or increases utilization of
transportation fuels that have
lifecycle greenhouse gas emissions that
are substantially lower than those
attributable to fossil fuel-based
alternatives.
(d) Report to Congress.--Not later than 240 days after the date of
the enactment of this Act, and annually thereafter, the Secretary of
the Treasury shall submit to the Committee on Foreign Relations and the
Committee on Finance of the Senate and the Committee on Foreign Affairs
and the Committee on Financial Services of the House of Representatives
a report describing--
(1) the purpose of and progress on each project supported
by the Fund; and
(2) how each such project furthers the investment plan
described in subsection (b)(2) of each country in which the
project is implemented.
SEC. 214. AUTHORIZING APPROPRIATIONS FOR UNITED STATES CONTRIBUTIONS TO
THE GREEN CLIMATE FUND.
(a) United States Contributions.--On behalf of the United States,
the Secretary of the Treasury and the Secretary of State may contribute
annually up to a total of $1,000,000,000 to the Green Climate Fund
established by the United Nations (in this section referred to as the
``GCF'').
(b) Limits on Country Access.--The Secretary of the Treasury shall
use the voice, vote, and influence of the United States to ensure
that--
(1) the GCF does not provide more than approximately 15
percent of the resources of the Fund to any one country;
(2) each country that receives amounts from the GCF submit
to the governing body of the Fund an investment plan that--
(A) energy production projects will achieve
significant reductions in national-level greenhouse gas
emissions; and
(B) adaptation projects provide long-term
enhancements to national and food security; protect
lives, livelihoods; or ensure lasting access to
freshwater resources and public health outcomes; and
(3) in the case of a country that is not classified by the
World Bank as having a low-income economy, provides for not
less than 15 percent of the total cost of the plan to be
contributed from the public funds of the country.
(c) Project and Program Requirements.--The Secretary of the
Treasury shall use the voice, vote, and influence of the United States
to ensure that support from the GCF is used exclusively to support the
deployment by developing countries of clean energy technologies and
development of projects that improve a countries' resilience capacities
and ability to adapt to the effects of climate change (including, where
appropriate, through the provision of technical support or support for
policy or institutional reforms).
(d) Report to Congress.--Not later than 240 days after the date of
the enactment of this Act, and annually thereafter, the Secretary of
the Treasury shall submit to the Committee on Foreign Relations and the
Committee on Finance of the Senate and the Committee on Foreign Affairs
and the Committee on Financial Services of the House of Representatives
a report describing--
(1) the purpose of and progress on each project supported
by the Fund; and
(2) how each such project furthers the investment plan
described in subsection (b)(2) of each country in which the
project is implemented.
SEC. 215. ENERGY DIPLOMACY AND SECURITY WITHIN THE DEPARTMENT OF STATE.
(a) In General.--Section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Assistant secretary of state for energy resources.--
``(A) Authorization for assistant secretary.--
Subject to the numerical limitation specified in
paragraph (1), there is authorized to be established in
the Department of State an Assistant Secretary of State
for Energy Resources.
``(B) Responsibilities.--The Assistant Secretary
authorized to be established by this paragraph shall be
responsible for the execution of diplomatic activities
related to, and support for the advancement of foreign
policy dedicated to, energy matters within the
Department of State for--
``(i) formulating and implementing
international policies, in coordination with
the Secretaries of Energy and Transportation,
as appropriate, aimed at protecting and
advancing United States energy security
interests and promoting the responsible
development of global energy resources by
effectively managing United States bilateral
and multilateral relations;
``(ii) ensuring that the Department of
State's analyses and decision-making processes
related to matters involving global energy
development account for the effects the
developments have on--
``(I) United States national
security;
``(II) quality of life and public
health of people, households, and
communities, particularly vulnerable
and underserved populations who lack
access to reliable and low emission
transportation systems or are affected
by, or proximate to, energy
development, transmission, and
distribution projects;
``(III) United States economic
interests;
``(IV) emissions of greenhouse
gases that contribute to global climate
change; and
``(V) local and regional land use,
air and water quality, and risks to
public health of communities described
under subclause (II);
``(iii) incorporating energy security and
climate security into the policies, programs,
and activities of the Department of State;
``(iv) facilitating the efforts of
countries to implement just transitions from
carbon intensive power production and carbon
intensive industries to low and zero carbon
emitting power sources and to lower
decarbonized industrial processes;
``(v) coordinating energy activities within
the Department of State and with relevant
Federal agencies;
``(vi) working internationally--
``(I) to support socially and
environmentally responsible development
of energy resources that reduce carbon
emissions, and the distribution of such
resources for the benefit of the United
States and United States allies and
trading partners for their energy
security, climate security, and
economic development needs;
``(II) to promote the availability
of clean energy technologies, including
low and zero emission vehicles and
carbon capture and storage, and a well-
functioning global market for energy
resources, technologies, and expertise
for the benefit of the United States
and United States allies and trading
partners;
``(III) to facilitate the planning,
design, engineering, development of
livable communities that utilize
multimodal transportation to reduce
transportation sector greenhouse gas
emissions, reduce congestion and
improve commerce and quality of life
for affected residents;
``(IV) to resolve international
disputes regarding the exploration,
development, production, or
distribution of energy resources;
``(V) to support the economic,
security, and commercial interests of
United States persons operating in the
energy markets of foreign countries;
and
``(VI) to support and coordinate
international efforts--
``(aa) to alleviate energy
poverty;
``(bb) to protect
vulnerable, exploited, and
underserved populations that
are affected or displaced by
energy development projects;
``(cc) to account for and
reduce greenhouse gas emission
from energy development
projects; and
``(dd) to increase access
to energy for vulnerable and
underserved communities;
``(vii) leading the United States
commitment to the Extractive Industries
Transparency Initiative;
``(viii) representing the United States at
the United Nations' Partnership for Clean Fuels
and Vehicles;
``(ix) coordinating within the Department
of State and with relevant Federal departments
and agencies on developing and implementing
international energy-related sanctions; and
``(x) coordinating energy security and
climate security and other relevant functions
within the Department of State undertaken as of
the date of the enactment of this paragraph
by--
``(I) the Bureau of Economic and
Business Affairs of the Department of
State;
``(II) the Bureau of Oceans and
International Environmental and
Scientific Affairs of the Department of
State; and
``(III) other offices within the
Department of State.''.
(b) Conforming Amendment.--Section 931 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17371) is amended--
(1) by striking subsections (a) and (b); and
(2) by redesignating subsections (c) and (d) as subsections
(a) and (b), respectively.
SEC. 216. SENSE OF CONGRESS ON THE KIGALI AMENDMENT TO THE MONTREAL
PROTOCOL.
(a) Sense of Congress.--It is the sense of Congress that--
(1) hydrofluorocarbons are highly potent greenhouse gases;
(2) the United States must work cooperatively with the
international community to significantly reduce
hydrofluorocarbons in commerce;
(3) the Kigali Amendment to the Montreal Protocol, adopted
in October 2016 at the 28th Meeting of the Parties to the
Montreal Protocol in Kigali, Rwanda, provides the legal
framework for global cooperation on reducing hydrofluorocarbons
in global commerce;
(4) the United States is a leader in chemical and
technological innovation that is at the forefront of developing
safer chemical alternatives to hydrofluorocarbons and the
technologies to use those new replacement chemicals;
(5) industrial sectors in other countries, such as the
People's Republic of China, are working quickly to catch up to
the United States in developing and marketing chemical and
technological alternatives that support the phasedown of
hydrofluorocarbons in global commerce in accordance with the
Kigali Amendment to the Montreal Protocol; and
(6) United States chemical and refrigeration industries are
disadvantaged in the global marketplace because the United
States has not ratified the Kigali Amendment to the Montreal
Protocol.
(b) Statement of Policy.--It should be the policy of the United
States--
(1) to ratify the Kigali Amendment to the Montreal
Protocol; and
(2) to enact legislation providing sufficient authorities
for the United States to comply with the Kigali Amendment to
the Montreal Protocol.
(c) Definition of Montreal Protocol.--In this section, the term
``Montreal Protocol'' means the Montreal Protocol on Substances that
Deplete the Ozone Layer, done at Montreal September 16, 1987.
Subtitle B--International Security Matters
SEC. 221. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Armed Services, the Select Committee on
Intelligence, and the Committee on Appropriations of
the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Armed Services, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of
the House of Representatives.
(2) Company.--The term ``company'' means any corporation,
company, limited liability company, limited partnership,
business trust, business association, or other similar entity.
(3) Foreign ownership, control, or influence; foci.--The
terms ``foreign ownership, control, or influence'' and ``FOCI''
have the meanings given those terms in the National Industrial
Security Program Operating Manual (DOD 5220.22-M), or a
successor document.
(4) Incremental expenses.--The term ``incremental
expenses''--
(A) means the reasonable and proper cost of the
goods and services that are consumed by a country as a
direct result of the participation of that country in
training under the authority of this title, including
rations, fuel, training ammunition, and transportation;
and
(B) does not include pay, allowances, or other
normal costs of the personnel of a country.
(5) Other security forces.--The term ``other security
forces''--
(A) includes national security forces that conduct
maritime security; and
(B) does not include self-described militias or
paramilitary organizations.
SEC. 222. STATEMENT OF POLICY.
It shall be the policy of the United States to--
(1) exercise freedom of operations in the international
waters and airspace in the Indo-Pacific maritime domains, which
are critical to the prosperity, stability, and security of the
Indo-Pacific region;
(2) maintain forward-deployed forces in the Indo-Pacific
region, including a rotational bomber presence, integrated
missile defense capabilities, long-range precision fires,
undersea warfare capabilities, and diversified and resilient
basing and rotational presence (including support for pre-
positioning strategies);
(3) strengthen and deepen the alliances and partnerships of
the United States to build capacity and capabilities, increase
multilateral partnerships, modernize communications
architecture, address anti-access and area denial challenges,
and increase joint exercises and security cooperation efforts;
(4) reaffirm the commitment and support of the United
States for allies and partners in the Indo-Pacific region,
including longstanding United States policy regarding--
(A) Article V of the Treaty of Mutual Cooperation
and Security between the United States and Japan,
signed at Washington January 19, 1960;
(B) Article III of the Mutual Defense Treaty
between the United States and the Republic of Korea,
signed at Washington October 1, 1953;
(C) Article IV of the Mutual Defense Treaty between
the United States and the Republic of the Philippines,
signed at Washington August 30, 1951, including that,
as the South China Sea is part of the Pacific, any
armed attack on Philippine forces, aircraft or public
vessels in the South China Sea will trigger mutual
defense obligations under Article IV of our mutual
defense treaty;
(D) Article IV of the Australia, New Zealand,
United States Security Treaty, done at San Francisco
September 1, 1951; and
(E) the Southeast Asia Collective Defense Treaty,
done at Manila September 8, 1954, together with the
Thanat-Rusk Communique of 1962; and
(5) ensure the continuity of operations by the United
States Armed Forces in the Indo-Pacific region, including, as
appropriate, in cooperation with partners and allies, in order
to reaffirm the principle of freedom of operations in
international waters and airspace in accordance with
established principles and practices of international law.
SEC. 223. ADDITIONAL FUNDING FOR THE SECURITY OF THE INDO-PACIFIC
REGION.
There is authorized to be appropriated, for each of fiscal years
2021 through 2025, $125,000,000 for the Department of Defense for
activities in the Indo-Pacific region and to strengthen alliances and
partnerships, infrastructure, platforms, and posture to ensure a
credible Indo-Pacific-region-wide defense strategy in accordance with
the principles set forth in sections 4, 202, and 222.
SEC. 224. PROHIBITION ON USE OF FUNDS TO WITHDRAW THE UNITED STATES
ARMED FORCES FROM JAPAN AND THE REPUBLIC OF KOREA.
(a) In General.--Except as provided in subsection (b),
notwithstanding any other provision of law, no Federal funds are
authorized to be appropriated to take any action to--
(1) withdraw or otherwise reduce the overall presence,
including the rotational presence, of United States Armed
Forces personnel and civilian employees of the Department of
Defense in Japan and the Republic of Korea;
(2) close or change the status of any base or other
facility of the United States Armed Forces located in Japan or
the Republic of Korea; or
(3) withdraw or otherwise reduce the overall presence of
United States Armed Forces assets in Japan or the Republic of
Korea.
(b) Exceptions.--The prohibition under subsection (a) shall not
apply if--
(1) the host government transmits to the United States
Government a written request for such a withdrawal or other
reduction; or
(2)(A) the President declares the intent to take an action
described in subsection (a);
(B) not later than 90 days before initiating an action
described in subsection (a), the President submits to the
appropriate congressional committees notice of such intent that
includes--
(i) a justification for the action;
(ii) the number of members of the United States
Armed Forces or civilian employees of the Department of
Defense to be withdrawn or reduced, as applicable;
(iii) a description of the United States Armed
Forces assets to be withdrawn or reduced, as
applicable;
(iv) a description of any base or facility of the
United States Armed Forces in Japan or the Republic of
Korea to be subject to closure or change of status, as
applicable;
(v) an explanation of the national security benefit
of the action to the United States and regional allies
and partners; and
(vi) a plan to offset the reduction in United
States conventional deterrence against the People's
Republic of China and the Democratic People's Republic
of Korea caused by the action; and
(C) the Secretary of Defense certifies that rotational
forces, which are globally available, are needed for a
contingency in another area of responsibility.
(c) Public Testimony.--Not later than 14 days after the submittal
of the notice required by subparagraph (B), the Secretary of State and
the Secretary of Defense shall testify before the appropriate
committees of Congress in public session on such withdrawal or
reduction.
SEC. 225. ADDITIONAL FUNDING FOR FOREIGN MILITARY FINANCING IN THE
INDO-PACIFIC.
(a) Foreign Military Sales Funding.--In addition to any amount
appropriated pursuant to section 23 of the Arms Export Control Act (22
U.S.C. 2763) (relating to foreign military financing assistance), there
is authorized to be appropriated $70,000,000 for each of fiscal years
2021 through fiscal year 2025 for activities in the Indo-Pacific region
in accordance with this section.
(b) Maritime Law Enforcement Initiative.--There is authorized to be
appropriated $7,500,000 for each of fiscal years 2021 through fiscal
year 2025 for the Department of State for International Narcotics
Control and Law Enforcement (INCLE) for the support of the Southeast
Asia Maritime Law Enforcement Initiative.
(c) Foreign Military Financing Compact Pilot Program.--
(1) Authorization of appropriations.--There is authorized
to be appropriated $200,000,000 for each of fiscal years 2021
and 2022 for the creation of a pilot program for foreign
military financing compacts.
(2) Assistance.--The Secretary of State is authorized to
create a pilot program, for a duration of two years, with an
assessment for any additional or permanent programming, to
provide assistance under this section for each country that
enters into an FMF Challenge Compact with the United States
pursuant to paragraph (7) to support policies and programs that
advance the progress of the country in achieving lasting
security and civilian-military governance through respect for
human rights, good governance (including transparency and free
and fair elections), and cooperation with United States and
international counter-terrorism, anti-trafficking, and counter-
crime efforts and programs.
(3) Form of assistance.--Assistance under this subsection
may be provided in the form of grants, cooperative agreements,
contracts, or no-interest loans to the government of an
eligible country described in paragraph (5).
(4) Application.--The Secretary of State, in consultation
with the Secretary of Defense, shall develop and recommend
procedures for considering solicited and unsolicited proposals
for compacts under this pilot program.
(5) Eligible countries.--A country shall be a candidate
country for purposes of eligibility for assistance for fiscal
year 2021 and 2022 if--
(A)(i) the country is eligible for assistance from
the International Development Association, and the per
capita income of the country is equal to or less than
the historical ceiling of the International Development
Association for that year, as defined by the
International Bank for Reconstruction and Development;
or
(ii) is classified as a lower middle income country
in the then most recent edition of the World
Development Report for Reconstruction and Development
published by the International Bank for Reconstruction
and Development and has an income greater than the
historical ceiling for International Development
Association eligibility for the fiscal year involved;
and
(B) the Secretary of State determines that the
country has demonstrated a commitment to just and
democratic governance, including a demonstrated
commitment to--
(i) promote political pluralism, equality,
and the rule of law;
(ii) respect for human and civil rights,
including the rights of people with
disabilities and the rights of persons
regardless of sexual orientation or religious
practice or absence of same, including by
pursuing effective measures against the
trafficking of persons;
(iii) protect private property rights;
(iv) encourage transparency and
accountability of government;
(v) combat corruption; and
(vi) institute effective civilian control,
professionalization, and accountability of the
armed forces, and that such forces respect
human rights.
(6) Identification of eligible countries.--Not later than
90 days prior to the date on which the Secretary of State
determines eligible countries for an FMF Challenge Compact, the
Secretary--
(A) shall prepare and submit to the appropriate
congressional committees a report that contains a list
of all eligible countries identified that have met the
requirements under paragraph (5) for the fiscal year;
and
(B) shall consult with the appropriate
congressional committees on the extent to which such
countries meet the criteria described in paragraph (5).
(7) FMF challenge compact.--
(A) Compact.--The Secretary of State may provide
assistance for an eligible country only if the country
enters into an agreement with the United States, to be
known as an ``FMF Challenge Compact'' (in this
paragraph referred to as a ``Compact'') that
establishes a multi-year plan for achieving shared
security objectives in furtherance of the purposes of
this title.
(B) Elements.--The elements of the Compact shall be
those listed in paragraph (5) for determining
eligibility, and be designed to significantly advance
the performance of those commitments during the period
of the Compact.
(C) In general.--The Compact should take into
account the national strategy of the eligible country
and shall include--
(i) the specific objectives that the
country and the United States expect to achieve
during the term of the Compact;
(ii) the responsibilities of the country
and the United States in the achievement of
such objectives;
(iii) regular benchmarks to measure, where
appropriate, progress toward achieving such
objectives; and
(iv) the strategy of the eligible country
to sustain progress made toward achieving such
objectives after expiration of the Compact.
(8) Congressional consultation prior to compact
negotiations.--Not later than 15 days before commencing
negotiations of a Compact with an eligible country, the
Secretary of State shall consult with the appropriate
congressional committees with respect to the proposed Compact
negotiation and shall identify the objectives and mechanisms to
be used for the negotiation of the Compact.
(9) Assessment of pilot program and recommendations.--Not
later than 90 days after the conclusion of the pilot program,
the Secretary of State shall provide a report to the
appropriate congressional committees with respect to the pilot
program, assess the success and utility of the pilot program
established under this subsection in meeting objectives, and
make a recommendation for continuing on a pilot or permanent
basis with a further foreign military financing compact
program.
SEC. 226. ADDITIONAL FUNDING FOR INTERNATIONAL MILITARY EDUCATION AND
TRAINING IN THE INDO-PACIFIC.
There is authorized to be appropriated for each of fiscal years
2021 through fiscal year 2025 for the Department of State, out of
amounts appropriated or otherwise made available for assistance under
chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2347 et seq.) (relating to international military education and
training (IMET) assistance), $45,000,000 for activities in the Indo-
Pacific region in accordance with this Act.
SEC. 227. PRIORITIZING EXCESS DEFENSE ARTICLE TRANSFERS FOR THE INDO-
PACIFIC.
(a) Sense of Congress.--It is the sense of Congress that the United
States Government should prioritize the review of excess defense
article transfers to Indo-Pacific partners.
(b) Statement of Policy.--The Secretary of the Navy shall develop a
five year plan to prioritize excess defense article transfers to the
Indo-Pacific.
(c) Transfer Authority.--Section 516(c)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(c)(2)) is amended by striking
``and to the Philippines'' and inserting ``to the Philippines, and to
other major non-NATO allies of the United States located in the Indo-
Pacific region (including Japan, the Republic of Korea, Thailand,
Australia and New Zealand) and other maritime Association of Southeast
Asian Nations (ASEAN) member states''.
(d) Required Coordination.--The United States Government shall
coordinate and align excess defense article transfers with capacity
building efforts of regional allies and partners.
SEC. 228. PRIORITIZING EXCESS NAVAL VESSEL TRANSFERS FOR THE INDO-
PACIFIC.
(a) Authority.--The President is authorized to transfer to a
government of a country listed pursuant to the amendment made under
section 227(c) one OLIVER HAZARD PERRY class guided missile frigate on
a grant basis under section 516 of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j).
(b) Grants Not Counted in Annual Total of Transferred Excess
Defense Articles.--The value of a vessel transferred to another country
on a grant basis pursuant to authority provided by this section shall
not be counted against the aggregate value of excess defense articles
transferred in any fiscal year under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j).
(c) Costs of Transfers.--Any expense incurred by the United States
in connection with a transfer authorized by this section shall be
charged to the recipient notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e)).
(d) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the President shall require, as a condition
of the transfer of a vessel under this subsection, that the recipient
to which the vessel is transferred have such repair or refurbishment of
the vessel as is needed, before the vessel joins the naval forces of
that recipient, performed at a shipyard located in the United States.
(e) Expiration of Authority.--The authority to transfer a vessel
under this section shall expire at the end of the 3-year period
beginning on the date of the enactment of this Act.
SEC. 229. SENSE OF CONGRESS ON ARMS EXPORTS AND HUMAN RIGHTS.
It is the Sense of Congress that--
(1) one of the primary purposes for controlling the export
of defense articles and defense services to foreign countries
is to prevent such exports from being used in violation of
international humanitarian law or international human rights
law, including requiring accountability for any such
violations, and to ensure that the sale, export, or transfer of
such articles and services serves to encourage foreign
countries to fully comply with international humanitarian law
and international human rights law;
(2) provision of security assistance, including the
provision of defense articles and defense services, pursuant to
the authorities and in conformity with the principles of this
Act, should only be done in accordance with and to support and
promote this purpose; and
(3) such security assistance, including the provision of
defense articles and defense services controlled for export,
should not be provided to a unit of the security forces of any
country if such unit--
(A) has violated international humanitarian law and
has not been credibly investigated and subjected to a
credible and transparent judicial process addressing
such allegation; or
(B) has committed a gross violation of human
rights, and has not been credibly investigated and
subjected to a credible and transparent judicial
process addressing such allegation, including--
(i) torture or rape;
(ii) ethnic cleansing of civilians;
(iii) recruitment or use of child soldiers;
(iv) falsely imprisoning, or engaging in
the targeted killing of, political opponents;
(v) the operation of, or effective control
or direction over, secret detention facilities;
or
(vi) extrajudicial killings, whether by
military, security, or police forces.
SEC. 230. ENHANCING THE UNITED STATES-TAIWAN DEFENSE RELATIONSHIP.
(a) Sense of Congress.--It is the sense of Congress that it should
be the policy of the Department of Defense, consistent with the Taiwan
Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.), to support the
asymmetric defense strategy of Taiwan, including the development of the
undersea warfare and air defense capabilities of Taiwan.
(b) Required Department of Defense Actions.--The Secretary of
Defense shall make efforts to include the military forces of Taiwan in
bilateral and multilateral military exercises, as appropriate, to
bolster the defense capabilities of Taiwan.
SEC. 231. REPORT ON UNITED STATES EFFORTS TO ENGAGE THE PEOPLE'S
REPUBLIC OF CHINA ON NUCLEAR ISSUES AND BALLISTIC MISSILE
ISSUES.
(a) Statement of Policy.--It shall be the policy of the United
States that--
(1) an arms control dialogue with the Government of China,
coordinated with United States allies and shaped by a coherent
Indo-Pacific strategy, is in the national security interests of
the United States; and
(2) the United States Government should formulate a
strategy to engage the Government of China on relevant
bilateral issues that lays the groundwork for bringing the
People's Republic of China into an arms control framework,
including--
(A) fostering bilateral dialogue on arms control
leading to the convening of bilateral strategic
stability talks;
(B) negotiating norms for outer space;
(C) developing pre-launch notification regimes
aimed at reducing nuclear miscalculation; and
(D) expanding lines of communication between both
governments for the purposes of reducing the risks of
conventional war and increasing transparency.
(b) Report on the Future of United States-China Arms Control.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of State, in coordination with the Secretary of Defense and
the Secretary of Energy, shall submit to the appropriate committees of
Congress a report, and if necessary a separate classified annex, that
examines the approaches and strategic effects of engaging the
Government of China on arms control, including--
(1) areas of potential dialogue between the Governments of
the United States and the People's Republic of China, including
on nuclear, ballistic, and cruise missiles, conventional
forces, space, and cyberspace issues, as well as other new
strategic domains, which could reduce the likelihood of war,
limit escalation if a conflict were to occur, and constrain a
destabilizing arms race in the Indo-Pacific;
(2) how the United States Government can foster increased
interest on the part of the Government of China in arms
control;
(3) identifying strategic military capabilities of the
People's Republic of China that the United States Government is
most concerned about and how limiting these capabilities may
benefit United States and allied security interests;
(4) opportunities for multilateral arms control in the
Indo-Pacific region;
(5) mechanisms to avoid, manage, or control nuclear,
conventional, and unconventional military escalation between
the United States and the People's Republic of China; and
(6) opportunities and methods to create strategic
transparency between the United States and the People's
Republic of China.
(c) Report on Arms Control Talks With the Russian Federation and
the People's Republic of China.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in consultation
with the Secretary of Defense and the Secretary of Energy, shall submit
to the appropriate committees of Congress a report that describes--
(1) a concrete plan for arms control talks that includes
both the People's Republic of China and the Russian Federation;
(2) if a trilateral arms control dialogue does not arise,
what alternative plans the Department of State envisages for
ensuring United States security from Russian and Chinese
nuclear weapons;
(3) efforts at engaging the People's Republic of China to
join arms control talks, whether on a bilateral or multilateral
basis; and
(4) the interest level of the Government of China in
joining arms control talks, whether on a bilateral or
multilateral basis.
(d) Extension of New START.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of State, in coordination
with the Secretary of Defense, the Secretary of Energy, and the
Director of National Intelligence, shall submit to the appropriate
committees of Congress a report, and a separate classified annex, that
includes the following elements:
(1) The strategy behind the decision to extend or not
extend New START.
(2) If New START were allowed to expire, an assessment of
whether such an expiration is in the national security
interests of the United States, including the specific reasons
for such conclusion.
(3) An examination of the effects of the expiration of New
START on--
(A) strategic stability with the Russian
Federation;
(B) the United States nuclear budget;
(C) spending on United States conventional forces
as a result of increased nuclear spending; and
(D) international nuclear nonproliferation efforts.
(4) An assessment of how the Government of the Russian
Federation will modify its nuclear forces in an unconstrained
environment and how the United States Government will respond
if the Government of the Russian Federation expands its
arsenal.
(5) An assessment of how the United States Government will
need to alter intelligence capabilities and spending to regain,
if possible, the knowledge of the Russian Federation's arsenal
that is currently provided by the inspection and verification
mechanisms inherent to New START.
SEC. 232. STATEMENT OF POLICY ON MARITIME FREEDOM OF OPERATIONS IN
INTERNATIONAL WATERWAYS AND AIRSPACE OF THE INDO-PACIFIC
AND ON ARTIFICIAL LAND FEATURES IN THE SOUTH CHINA SEA.
(a) Sense of Congress.--Congress--
(1) condemns coercive and threatening actions or the use of
force to impede freedom of operations in international airspace
by military or civilian aircraft, to alter the status quo, or
to destabilize the Indo-Pacific region;
(2) urges the Government of China to refrain from
implementing the declared East China Sea Air Defense
Identification Zone (ADIZ), or an ADIZ in the South China Sea,
which is contrary to freedom of overflight in international
airspace, and to refrain from taking similar provocative
actions elsewhere in the Indo-Pacific region;
(3) reaffirms that the 2016 Arbitral Tribunal's decision is
final and legally binding on both parties and that the People's
Republic of China's claims to offshore resources across most of
the South China Sea are unlawful;
(4) condemns the People's Republic of China for failing to
abide by the 2016 Arbitral Tribunal's ruling, despite Chinese
obligations as a state party to the United Nations Convention
on the Law of the Sea;
(5) rejects the People's Republic of China's unlawful
maritime claim within the Philippines' Exclusive Economic Zone
(EEZ) or on its continental shelf;
(6) rejects the People's Republic of China's claim to
waters beyond a 12 nautical mile territorial sea derived from
islands it claims in the Spratly Islands; and
(7) rejects the People's Republic of China's unlawful
territorial or maritime claim to the James shoal.
(b) Statement of Policy.--It shall be the policy of the United
States to--
(1) reaffirm its commitment and support for allies and
partners in the Indo-Pacific region, including longstanding
United States policy regarding Article V of the United States-
Philippines Mutual Defense Treaty and reaffirm its position
that Article V of the United States-Japan Mutual Defense Treaty
applies to the Japanese-administered Senkaku Islands;
(2) oppose claims that impinge on the rights, freedoms, and
lawful use of the sea, or the airspace above it, that belong to
all nations, and oppose the militarization of new and reclaimed
land features in the South China Sea;
(3) urge all parties to refrain from engaging in
destabilizing activities, including illegal occupation or
efforts to unlawfully assert administration over disputed
claims;
(4) ensure that disputes are managed without intimidation,
coercion, or force;
(5) call on all claimants to clarify or adjust claims in
accordance with international law;
(6) uphold the principle that territorial and maritime
claims, including territorial waters or territorial seas, must
be derived from land features and otherwise comport with
international law;
(7) oppose the imposition of new fishing regulations
covering disputed areas in the South China Sea, regulations
which have raised tensions in the region;
(8) support efforts by ASEAN and the People's Republic of
China to develop an effective Code of Conduct, including the
``early harvest'' of agreed-upon elements in the Code of
Conduct that can be implemented immediately;
(9) reaffirm that an existing body of international rules
and guidelines, including the International Regulations for
Preventing Collisions at Sea, done at London October 12, 1972
(COLREGs), is sufficient to ensure the safety of navigation
between the United States Armed Forces and the forces of other
countries, including the People's Republic of China;
(10) support the development of regional institutions and
bodies, including the ASEAN Regional Forum, the ASEAN Defense
Minister's Meeting Plus, the East Asia Summit, and the expanded
ASEAN Maritime Forum, to build practical cooperation in the
region and reinforce the role of international law;
(11) encourage the deepening of partnerships with other
countries in the region for maritime domain awareness and
capacity building, as well as efforts by the United States
Government to explore the development of appropriate
multilateral mechanisms for a ``common operating picture'' in
the South China Sea that would serve to help countries avoid
destabilizing behavior and deter risky and dangerous
activities;
(12) oppose actions by any country to prevent any other
country from exercising its sovereign rights to the resources
of the exclusive economic zone (EEZ) and continental shelf by
making claims to those areas in the South China Sea that have
no support in international law; and
(13) assure the continuity of operations by the United
States in the Indo-Pacific region, including, when appropriate,
in cooperation with partners and allies, to reaffirm the
principle of freedom of operations in international waters and
airspace in accordance with established principles and
practices of international law.
SEC. 233. STATEMENT OF POLICY ON BECOMING A STATE PARTY TO THE UNITED
NATIONS CONVENTION ON THE LAW OF THE SEA.
It is the sense of Congress that--
(1) becoming a state party to the United Nations Convention
on the Law of the Sea (UNCLOS), done at Montego Bay on December
10, 1992, would help protect and advance United States national
and economic security including by--
(A) ensuring worldwide access to get our troops to
the fight, to sustain them during the fight, and to get
back home without the permission of other countries;
(B) influencing the resolution of disputes between
the People's Republic of China and our allies in the
South China Sea and elsewhere;
(C) ensuring that the United States is able to
assert an internationally accepted claim to its share
of the Arctic;
(D) providing United States companies with the
legal certainty they need to secure rare earth minerals
from the deep seabed; and
(E) allowing United States companies the full
protection of the treaty's framework for laying and
protecting submarine cables;
(2) becoming a state party to the Convention would give the
United States the voice and vote in decisions relating to
deliberative matters under the Convention and thereby improve
the ability of the United States to--
(A) intervene as a full party to disputes relating
to navigational rights, maritime security, energy
development, transcontinental commerce, marine
conservation, and environmental destruction; and
(B) defend United States interpretations of the
Convention's provisions and United States interests,
including those relating to whether coastal States have
a right under UNCLOS to regulate foreign military
activities in their EEZs;
(3) the People's Republic of China's construction of
artificial islands, in support of China's expanding military
presence in the Pacific theatre, in the territorial waters of
its neighbors along the South China Sea are hostile acts that
escalate tensions between the People's Republic of China and
its neighbors, infringe on the sovereignty of China's
neighbors' EEZs, and have resulted in an arbitration under the
UNCLOS in which the arbitral tribunal ruled against the
People's Republic of China;
(4) the United States status as a nonparty to UNCLOS
resulted in the United States exclusion from the Permanent
Court of Arbitration's July 12, 2016, case in the matter of the
South China Sea arbitration, wherein the Permanent Court of
Arbitration stated that ``the Tribunal forwarded to the Parties
for their comment a Note Verbale from the Embassy of the United
States of America, requesting to send a representative to
observe the hearing'' and ``the Tribunal communicated to the
Parties and the U.S. Embassy that it had decided that `only
interested States parties to the United Nations Convention on
the Law of the Sea will be admitted as observers' and thus
could not accede to the U.S. request'';
(5) relying on customary international norms and on other
countries to assert claims on behalf of the United States is
insufficient to defend and uphold United States national and
economic security and United States sovereign rights and
interests;
(6) the Senate should urgently provide advice and consent
to ratification of the United Nations Convention on the Law of
the Sea; and
(7) the United States should urgently become a state party
to the United Nations Convention on the Law of the Sea.
SEC. 234. REPORT ON ROLES, MISSIONS, AND CAPABILITIES OF INDO-PACIFIC
PARTNERS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense, in consultation with the Secretary of
State, shall report to the appropriate congressional committees with an
assessment of engagement with each major United States treaty or
security partner in the Indo-Pacific region in mutual dialogue on any
on-going roles, missions, and capabilities (RMC) discussions, and an
enumeration of jointly agreed recommendations for acquisition,
platform, infrastructure, training, posture, and other measures
necessary to assure that capabilities and capacity exist to execute all
identified RMC, including to address anti-access and area denial
challenges in the region.
SEC. 235. INDO-PACIFIC MARITIME SECURITY INITIATIVE.
(a) Program Authorized.--
(1) In general.--The Secretary of State, in coordination
with the Secretary of Defense, is authorized to provide
assistance, for the purpose of increasing maritime security and
domain awareness for countries in the Indo-Pacific region--
(A) to provide assistance to national military or
other security forces of such countries that have
maritime security missions among their functional
responsibilities;
(B) to provide training to ministry, agency, and
headquarters level organizations for such forces; and
(C) to provide assistance to and training to other
relevant foreign affairs, maritime, or security-related
ministries, agencies, departments or offices that
manage and oversee maritime activities and policy that
the Secretary of State may so designate.
(2) Designation of assistance.--Assistance provided by the
Secretary of State under this section shall be known as the
``Indo-Pacific Maritime Security Initiative'' (in this section
referred to as the ``Initiative'').
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of State $25,000,000 in fiscal year 2021
and $50,000,000 in each of fiscal year 2022, fiscal year 2023, fiscal
year 2024, and fiscal year 2025 to be used for purposes of training and
assistance under this Initiative.
(c) Eligible Countries.--In selecting countries in the Indo-Pacific
region to which assistance is to be provided under the Initiative, the
Secretary of State shall prioritize the provision of assistance to
countries that will contribute to the achievement of the following
objectives:
(1) Retaining unhindered access to and use of international
waterways in the Indo-Pacific region that are critical to
ensuring the security and free flow of commerce and achieving
United States national security objectives.
(2) Improving maritime domain awareness in the Indo-Pacific
region.
(3) Countering piracy in the Indo-Pacific region.
(4) Disrupting illicit maritime trafficking activities and
other forms of maritime trafficking activity in the Indo-
Pacific that directly benefit organizations that have been
determined to be a security threat to the United States.
(5) Enhancing the maritime capabilities of a country or
regional organization to respond to emerging threats to
maritime security in the Indo-Pacific region.
(d) Priorities for Assistance.--
(1) In general.--In carrying out the purpose of the
Initiative--
(A) priority shall be placed on assistance to
enhance the maritime security capabilities of the
military or security forces of countries in the Indo-
Pacific region that have maritime missions and the
government agencies responsible for such forces; and
(B) assistance may be provided to a country in the
Indo-Pacific region to enhance the capabilities of that
country, or of a regional organization that includes
that country, to conduct--
(i) maritime intelligence, surveillance,
and reconnaissance;
(ii) littoral and port security;
(iii) Coast Guard operations;
(iv) command and control; and
(v) management and oversight of maritime
activities.
(2) Types of assistance and training.--
(A) Authorized elements of assistance.--Assistance
provided under subsection (a)(1)(A) may include the
provision of equipment, training, and small-scale
military construction.
(B) Required elements of assistance and training.--
Assistance and training provided under subsection (a)
shall include elements that promote--
(i) the observance of and respect for human
rights; and
(ii) respect for legitimate civilian
authority within the country to which the
assistance is provided.
(e) Joint Task Force.--The Department of Defense shall establish a
joint, interagency task force to assess, respond to, and coordinate
with allies and partners in response to the use of grey zone tactics by
state and non-state actors in the Indo-Pacific maritime domain,
including--
(1) conducting domain awareness operations, intelligence
fusion, and multi-sensor correlation to detect, monitor, and
hand off suspected grey zone activities;
(2) promoting security, cooperation, and capacity building;
and
(3) coordinating country team and partner nation
initiatives in order to counter the use of grey zone tactics by
adversaries.
(f) Annual Report.--The Secretary of State and the Secretary of
Defense shall jointly submit to the appropriate committees of Congress
each year a report on the status of the provision of equipment,
training, supplies, or other services provided pursuant to the
Initiative during the preceding 12 months.
(g) Authority for Payment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, if the
Secretary of State determines that the payment of incremental
expenses in connection with training described in subsection
(a)(1)(B) will facilitate the participation in such training of
organization personnel of foreign countries under subsection
(a)(1)(C), the Secretary may use amounts available under
subsection (b) for assistance and training under subsection (a)
for the payment of such incremental expenses.
(2) Covered countries.--The foreign countries specified in
this paragraph are the following:
(A) Brunei.
(B) Singapore.
(C) Taiwan.
(h) Notice to Congress on Assistance and Training.--Not later than
15 days before exercising the authority under subsection (a) or (g)
with respect to a recipient foreign country, the Secretary of State
shall submit a notification in writing to the appropriate committees of
Congress.
SEC. 236. REPORTING ON COUNTRIES PURCHASING ARMS FROM THE PEOPLE'S
REPUBLIC OF CHINA.
(a) In General.--
(1) Annual report.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter, the
Secretary of State shall submit to the appropriate committees
of Congress a report identifying countries which have in the
prior two years acquired defense articles and any defense goods
or services provided by grant, loan, or by other means of
provision from the People's Republic of China.
(2) Interim briefing.--Not later than 60 days after the
date of the enactment of this Act, the Defense Intelligence
Agency shall provide an interim briefing on the report required
under paragraph (1) to the appropriate congressional
committees.
(b) Elements.--The report required under subsection (a) shall
include--
(1) a determination of countries that have purchased
Chinese-origin defense articles and any defense goods or
services provided by grant, loan, or by other means of
provision, and whether such purchases have increased over the
previous year;
(2) a determination of which countries have provided
Chinese-origin defense articles and any defense goods or
services provided by grant, loan, or by other means of
provision to non-state actors;
(3) a determination of whether the use of Chinese defense
articles and any defense goods or services provided by other
means by purchasing countries or non-state entities have been
used in conflict, and if this has resulted in civilian
casualties and, if so, an assessment of whether such casualties
are the result of deliberate targeting;
(4) the types, quantities, purchase price or grant or
leased value, and general capabilities of such defense
articles, and when such articles have been or will be delivered
to such country, as well as any concessions by the Government
of China in terms of permitting in-country manufacturing,
concessional financing, or other incentives, concessions, or
cooperative measures associated with such sales; and
(5) a technical assessment of such defense articles,
including the strengths, weaknesses, and reliability of the
defense articles compared to comparable United States defense
articles.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex as
necessary.
(d) Defense Articles Defined.--In this section, the term ``defense
articles'' means the following items:
(1) Rockets, space launch vehicles, missiles, bombs
(including equipment to enable precision guidance), and
torpedoes.
(2) Armored combat ground vehicles, including ground
vehicles and trailers that are armed or are specially designed
to be used as a firing or launch platform to deliver munitions
or otherwise destroy or incapacitate targets, excluding any
unarmed ground vehicles.
(3) Aircraft, whether manned, unmanned, remotely piloted,
or optionally piloted, as follows:
(A) Bombers.
(B) Fighters, fighter/bombers, and fixed-wing
attack aircraft.
(C) Turbofan or turbojet powered trainers used to
train pilots for fighter, attack, or bomber aircraft.
(D) Attack helicopters.
(E) Unmanned aerial vehicles (UAVs).
(F) Aircraft specially designed to incorporate a
defense article for the purpose of performing an
intelligence, surveillance, and reconnaissance
function.
(G) Aircraft specially designed to incorporate a
defense article for the purpose of performing an
electronic warfare function, airborne warning and
control aircraft, or aircraft specially designed to
incorporate a defense article for the purpose of
performing a command, control, and communication
function.
(4) Naval vessels, such as warships and other combatant
vessels (battleships, aircraft carriers, destroyers, frigates,
cruisers, corvettes, littoral combat ships, mine sweepers, mine
hunters, mine countermeasure ships, dock landing ships,
amphibious assault ships), Coast Guard vessels, or vessels
specially designed or easily converted to provide functions
equivalent to such vessels.
(5) Submarines, submersibles and semi-submersibles.
Subtitle C--Regional Strategies To Counter the People's Republic of
China
SEC. 240. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this subtitle, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Finance, and the Committee on Appropriations of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on Ways
and Means, and the Committee on Appropriations of the House of
Representatives.
PART I--WESTERN HEMISPHERE
SEC. 241. SENSE OF CONGRESS REGARDING UNITED STATES-CANADA RELATIONS.
It is the sense of Congress that--
(1) the United States and Canada are close allies,
historically sharing values grounded in democracy, human
rights, transparency, and the rules-based international order
established after World War II;
(2) without a common approach by the United States and
Canada on climate and environmental issues, the Arctic, energy
and connectivity issues, trade and commercial relations,
bilateral legal matters, and support for democracy and human
rights, the People's Republic of China will seek to expand its
influence over economic, political, and security issues in
Canada;
(3) the relationship between the United States and Canada
has come under significant strain due to--
(A) tariff restrictions placed on Canada by the
Trump Administration; and
(B) personal attacks by President Trump and White
House advisors against senior leaders in the Canadian
Government;
(4) amidst the COVID-19 pandemic, the United States and
Canada should maintain joint initiatives to address border
management, commercial and trade relations, a shared approach
with respect to the People's Republic of China, and
transnational challenges, including pandemics and climate
change;
(5) the United States and Canada should enhance cooperation
to counter Chinese disinformation, influence operations, and
propaganda efforts;
(6) the People's Republic of China's infrastructure
investments, particularly in 5G telecommunications technology
and port infrastructure, pose national security risks for the
United States and Canada; and
(7) the United States should share, as appropriate,
intelligence gathered regarding--
(A) Huawei's 5G capabilities; and
(B) the Chinese Government's intentions with
respect to 5G expansion.
SEC. 242. SENSE OF CONGRESS REGARDING THE GOVERNMENT OF CHINA'S
ARBITRARY IMPRISONMENT OF CANADIAN CITIZENS.
It is the sense of Congress that--
(1) the Government of China's detention of Canadian
nationals Michael Spavor and Michael Kovrig appears to be a
politically motivated act of retaliation for the Government of
Canada's detention of Meng Wanzhou, which is deeply troubling;
(2) the Government of China should--
(A) immediately release Michael Spavor and Michael
Kovrig; and
(B) guarantee due process for Canadian national
Robert Schellenberg; and
(3) the United States must continue to support efforts by
the Government of Canada in calling for the immediate release
of Canadian citizens in the People's Republic of China.
SEC. 243. STRATEGY TO ENHANCE COOPERATION WITH CANADA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the President shall submit a strategy to the
Committee on Foreign Relations and the Committee on Armed Services of
the Senate and the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives that describes how the
United States will enhance cooperation with the Government of Canada in
managing relations with the Government of China.
(b) Elements.--The strategy required under subsection (a) shall--
(1) identify key policy points of convergence and
divergence between the United States and Canada in managing
relations with the People's Republic of China in the areas of
technology, trade, and economic practices;
(2) include the development of working groups with Canadian
counterparts to enhance the cooperation between the United
States and Canada with respect to--
(A) managing economic relations with the People's
Republic of China;
(B) democracy and human rights in the People's
Republic of China;
(C) technology issues involving the People's
Republic of China; and
(D) defense issues involving the People's Republic
of China;
(3) detail diplomatic efforts and future plans to work with
Canada to counter Chinese projection of an authoritarian
governing model around the world;
(4) detail diplomatic, defense, and intelligence
cooperation to date and future plans to support Canadian
efforts to identify cost-effective alternatives to Huawei's 5G
technology;
(5) detail diplomatic and defense collaboration--
(A) to advance joint United States-Canadian
priorities for responsible stewardship in the Arctic
Region; and
(B) to counter Chinese efforts to project
political, economic, and military influence into the
Arctic Region; and
(6) detail diplomatic efforts to work with Canada to track
and counter Chinese attempts to exert influence across the
multilateral system, including at the World Health
Organization.
(c) Form.--The strategy required under this section shall be
submitted in an unclassified form that can be made available to the
public, but may include a classified annex, if necessary.
(d) Consultation.--Not later than 90 days after the date of the
enactment of this Act, and not less frequently than every 180 days
thereafter, the Secretary of State shall consult with the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives regarding the development and
implementation of the strategy required under this section.
SEC. 244. ENHANCING COOPERATION BETWEEN THE UNITED STATES AND CANADA ON
TECHNOLOGY ISSUES WITH RESPECT TO THE PEOPLE'S REPUBLIC
OF CHINA.
(a) Working Group.--The President shall work with the Government of
Canada to establish a formal United States-Canada-European Union
Working Group to develop a comprehensive strategy to respond to the
technology challenges posed by Chinese efforts and influence in the
communications, infrastructure, surveillance equipment and cyber
sectors.
(b) Goals.--The United States participants in the working group
established pursuant to subsection (a) shall seek--
(1) to complete a joint analysis on the perils of
overreliance on Chinese telecommunications equipment; and
(2) to share intelligence and screen Chinese investments in
strategic technology and critical infrastructure.
SEC. 245. ENHANCING UNITED STATES-CANADA-NATO COOPERATION ON DEFENSE
ISSUES WITH RESPECT TO THE PEOPLE'S REPUBLIC OF CHINA.
In carrying out the initiative described in section 256, the
President shall work with the Government of Canada to establish the
NATO Working Group described in such section to respond to the security
challenges posed by the People's Republic of China.
SEC. 246. STRATEGY TO STRENGTHEN ECONOMIC COMPETITIVENESS, GOVERNANCE,
HUMAN RIGHTS, AND THE RULE OF LAW IN LATIN AMERICA AND
THE CARIBBEAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of the Treasury, the Secretary of Commerce, the Attorney
General, the United States Trade Representative, and the Chief
Executive Officer of the United States International Development
Finance Corporation, shall submit a multi-year strategy for increasing
United States economic competitiveness and promoting good governance,
human rights, and the rule of law in Latin American and Caribbean
countries, particularly in the areas of investment, equitable and
sustainable development, commercial relations, anti-corruption
activities, and infrastructure projects, to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Finance of the Senate;
(3) the Committee on Armed Services of the Senate;
(4) the Committee on Appropriations of the Senate;
(5) the Committee on Foreign Affairs of the House of
Representatives;
(6) the Committee on Armed Services of the House of
Representatives;
(7) the Committee on Ways and Means of the House of
Representatives; and
(8) the Committee on Appropriations of the House of
Representatives.
(b) Additional Elements.--The strategy required under subsection
(a) shall include a plan of action for--
(1) assisting Latin American and Caribbean countries with
the sustainable development of equitable economies;
(2) promoting judicial reform and the rule of law as a
means to ensure fair competition, combat corruption, end
impunity, and strengthen legal structures critical to robust
democratic governance;
(3) identifying and mitigating obstacles to economic growth
in Latin America and the Caribbean;
(4) maintaining free and transparent access to the internet
and digital infrastructure in the Western Hemisphere; and
(5) facilitating a more open, transparent, and competitive
environment for United States businesses in Latin America and
the Caribbean.
(c) Reporting Requirement.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the Secretary of
State, after consultation with the Secretary of the Treasury, the
Secretary of Commerce, the Attorney General, the United States Trade
Representative, and the leadership of the United States International
Development Finance Corporation, shall brief the congressional
committees listed in subsection (a) regarding the implementation of
this part, including examples of successes and challenges.
SEC. 247. ENGAGEMENT IN REGIONAL AND INTERNATIONAL ORGANIZATIONS IN
LATIN AMERICA AND THE CARIBBEAN.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(6) the Committee on Appropriations of the House of
Representatives.
(b) Reporting Requirement.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, working
through the Assistant Secretary of State for Intelligence and
Research, and in coordination with the Director of National
Intelligence and the Director of the Central Intelligence
Agency, shall submit a report to the appropriate committees of
Congress that assesses the nature, intent, and impact to United
States strategic interests of Chinese diplomatic activity aimed
at influencing the decisions, procedures, and programs of
multilateral organizations in Latin America and the Caribbean,
including the World Bank, International Monetary Fund,
Organization of American States, and the Inter-American
Development Bank.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form and shall include classified
annexes.
(c) Diplomacy in Multilateral Fora.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State, in
coordination with the United States Permanent Representative to the
Organization of American States, the United States Executive Director
to the Inter-American Development Bank, and the United States Executive
Directors at multilateral development banks with programs in Latin
America and the Caribbean, shall submit a strategy to Congress that--
(1) addresses the challenges to United States national
security identified in the report required under subsection
(b); and
(2) advances the objectives established in the strategy
required under section 246(a).
SEC. 248. RESPONSE TO THE BELT AND ROAD INITIATIVE IN LATIN AMERICA AND
THE CARIBBEAN.
(a) Eligibility of Caribbean Countries for Financing Through the
United States International Development Finance Corporation.--Section
1412(c) of the BUILD Act of 2018 (22 U.S.C. 9612(c)) is amended by
adding at the end the following:
``(3) Inclusion of caribbean countries.--Notwithstanding
paragraphs (1) and (2), Caribbean countries (excluding Cuba)
shall be included among the countries receiving prioritized
support under title II during the 10-year period beginning on
the date of the enactment of the America LEADS Act.''.
(b) Prioritizing Engagement in the Western Hemisphere.--Section
1412 of the BUILD Act of 2018, as amended by subsection (a), is further
amended by adding at the end the following:
``(d) Foreign Policy Guidance.--The Secretary of State, in
accordance with the priorities identified in subsection (c), shall
provide foreign policy guidance to the Corporation to prioritize
development financing to Latin American and Caribbean countries
(excluding Cuba) by dedicating not less than 35 percent of development
financing and equity investments to countries in Latin America and the
Caribbean during the 10-year period beginning on the date of the
enactment of the America LEADS Act.''.
SEC. 249. TECHNOLOGICAL COOPERATION WITH LATIN AMERICAN AND CARIBBEAN
GOVERNMENTS.
(a) Technical Assistance on Cybercrime.--The Secretary of State,
working through the Office of the Coordinator for Cyber Issues of the
Department of State, and in consultation with the Attorney General, the
Director of the Federal Bureau of Investigation, and the Chief of the
International Bureau of the Federal Communications Commission, shall
offer to provide technical assistance to Latin American and Caribbean
countries to strengthen their capacity to promote digital security,
including--
(1) defending the integrity of digital infrastructure and
digital assets, including data storage systems, such as cloud
computing, proprietary data, personal information, and
proprietary technologies;
(2) detecting, identifying, and investigating cybercrimes,
including the collection of digital forensic evidence;
(3) developing appropriate enforcement mechanisms for
cybercrimes;
(4) detecting and identifying perpetrators; and
(5) prosecuting cybercrimes and holding perpetrators
accountable for such crimes.
(b) Prioritization.--In providing the technical assistance
described in subsection (b), the Secretary of State shall prioritize
working with national and regional law enforcement entities that
respect the due process and privacy rights of their citizens,
including--
(1) police forces;
(2) prosecutors;
(3) attorneys general;
(4) courts; and
(5) other law enforcement entities, as appropriate.
(c) Cyber Defense Assistance.--The Secretary of State, in
coordination with the Commander of the United States Cyber Command and
the Director of National Intelligence, shall offer technical
assistance--
(1) to strengthen the capacity of Latin American and
Caribbean governments to protect the integrity of their
telecommunications and data networks and their critical
infrastructure; and
(2) to provide technical assistance to Latin American and
Caribbean government officials, including with respect to--
(A) building and monitoring secure
telecommunications and data networks;
(B) identifying threats and detecting and deterring
attacks;
(C) investigating cybercrimes, including the
collection of digital forensic evidence;
(D) protecting the integrity of digital
infrastructure and digital assets, including data
storage systems (including cloud computing),
proprietary data, personal information, and proprietary
technologies;
(E) planning maintenance, improvements, and
modernization in a coordinated and regular fashion to
ensure continuity and safety; and
(F) protecting the digital systems that manage
roads, bridges, ports, and transportation hubs.
(d) Briefing Requirement.--Not later than 180 days after the date
of the enactment of this Act, and every 180 days thereafter, the
Secretary of State shall provide a briefing regarding the technical
assistance described in subsections (a) and (c) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Armed Services of the Senate;
(4) the Committee on Appropriations of the Senate;
(5) the Committee on Foreign Affairs of the House of
Representatives;
(6) the Committee on the Judiciary of the House of
Representatives;
(7) the Committee on Armed Services of the House of
Representatives; and
(8) the Committee on Appropriations of the House of
Representatives.
SEC. 249A. DEFENSE COOPERATION IN LATIN AMERICA AND THE CARIBBEAN.
(a) In General.--The Secretary of State should dedicate at least 14
percent of the amounts appropriated to bilateral and multilateral
military education programs, such as the International Military
Education and Training Program, for Latin America and the Caribbean for
each of fiscal years 2021 through 2026.
(b) Modernization.--The Secretary of State shall take steps to
modernize and strengthen the programs receiving funding under
subsection (a) to ensure that such programs are vigorous, substantive,
and the preeminent choice for international military education and
training for Latin American and Caribbean partners.
(c) Required Elements.--The programs referred to in subsection (a)
shall--
(1) provide training and capacity-building opportunities to
Latin American and Caribbean security services;
(2) provide practical skills and frameworks for--
(A) improving the functioning and organization of
security services in Latin America and the Caribbean;
(B) creating a better understanding of the United
States and its values; and
(C) using technology for maximum efficiency and
organization; and
(3) promote and ensure that security services in Latin
America and the Caribbean respect civilian authority and
operate in compliance with international norms, standards, and
rules of engagement, including a respect for human rights.
(d) Limitation.--Security assistance under this section is subject
to the limitations set forth in section 620M of the Foreign Assistance
Act of 1961 (22 U.S.C. 2378d).
SEC. 249B. ENGAGEMENT WITH CIVIL SOCIETY IN LATIN AMERICA AND THE
CARIBBEAN REGARDING ACCOUNTABILITY, HUMAN RIGHTS, AND THE
RISKS OF PERVASIVE SURVEILLANCE TECHNOLOGIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Government of China is exporting its model for
internal security and state control of society through advanced
technology and artificial intelligence; and
(2) the adoption of surveillance systems can lead to
breaches of citizens' private information, increased
censorship, violations of civil rights, and harassment of
political opponents.
(b) Diplomatic Engagement.--The Secretary of State shall conduct
diplomatic engagement with governments and civil society organizations
in Latin America and the Caribbean to--
(1) help identify and mitigate the risks to civil liberties
posed by pervasive surveillance and monitoring technologies;
and
(2) offer recommendations on ways to mitigate such risks.
(c) Internet Freedom Programs.--The Chief Executive Officer of the
United States Agency for Global Media, working through the Open
Technology Fund, and the Secretary of State, working through the Bureau
of Democracy, Human Rights, and Labor's Internet Freedom and Business
and Human Rights Section, shall expand and prioritize efforts to
provide anti-censorship technology and services to journalists and
citizens in Latin America, in order to enhance their ability to safely
access or share digital news and information without fear of
repercussions or surveillance.
(d) Support for Civil Society.--The Secretary of State, in
coordination with the Assistant Secretary of State for Democracy, Human
Rights, and Labor and the Administrator of the United States Agency for
International Development, shall work through nongovernmental
organizations to--
(1) support and promote programs that support internet
freedom and the free flow of information online in Latin
America and the Caribbean;
(2) protect open, interoperable, secure, and reliable
access to internet in Latin America and the Caribbean;
(3) provide integrated support to civil society for
technology, digital safety, policy and advocacy, and applied
research programs in Latin America and the Caribbean;
(4) train journalists and civil society leaders in Latin
America and the Caribbean on investigative techniques necessary
to ensure public accountability and prevent government
overreach in the digital sphere;
(5) assist independent media outlets and journalists in
Latin America and the Caribbean to build their own capacity and
develop high-impact, in-depth news reports covering governance
and human rights topics;
(6) provide training for journalists and civil society
leaders on investigative techniques necessary to improve
transparency and accountability in government and the private
sector;
(7) provide training on investigative reporting relating to
media reporting of incidents of corruption and unfair trade,
business and commercial practices, including the role of the
Government of China in such practices; and
(8) assist nongovernmental organizations to strengthen
their capacity to monitor the activities described in paragraph
(7).
(e) Briefing Requirement.--Not more than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the Secretary
of State, the Administrator of the United States Agency for
International Development, and the Chief Executive Officer of the
United States Agency for Global Media shall provide a briefing
regarding the efforts described in subsections (c), (d), and (e) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
PART II--TRANSATLANTIC ALLIANCE
SEC. 251. SENSE OF CONGRESS ON THE TRANSATLANTIC ALLIANCE.
It is the sense of Congress that--
(1) the United States, the European Union, and countries of
Europe are close partners, historically sharing values grounded
in democracy, human rights, transparency, and the rules-based
international order established after World War II;
(2) without a common United States and European Union
approach on connectivity, trade, transnational problems such as
climate change and pandemics, and support for democracy and
human rights, the People's Republic of China will continue to
increase its economic, political and security leverage in
Europe;
(3) the People's Republic of China's deployment of
assistance to European countries following the COVID-19
outbreak showcased a coercive approach to aid, but it also
highlighted Europe's deep economic ties to China;
(4) the transatlantic relationship has come under
significant strain due to tariff restrictions placed by the
Trump Administration and personal attacks by the President
against the European Union, the North Atlantic Treaty
Organization, and individual leaders across the continent;
(5) as European Union member states seek to recover from
the economic toll of the COVID-19 outbreak, the United States
must stand in partnership with Europe to support our collective
economic recovery and reinforce our collective national
security and defend these shared values;
(6) the United States and European Union should coordinate
on joint strategies to diversify reliance on supply chains away
from the People's Republic of China, especially in the medical
and pharmaceutical sectors;
(7) the United States and European Union should enhance
cooperation to counter Chinese disinformation, influence
operations, and propaganda efforts;
(8) the People's Republic of China's infrastructure
investments, particularly in 5G telecommunications technology
and port infrastructure, could threaten democracy across Europe
and the national security of key countries;
(9) as appropriate, the United States should share
intelligence on Huawei's 5G capabilities and the intentions of
the Government of China with respect to 5G expansion in Europe;
(10) the European Union's Investment Screening Regulation,
due to come into force in October 2020, is a welcome
development, and member states should closely scrutinize
Chinese investments in their countries through their own
national investment screening measures;
(11) the President should actively engage the European
Union on the implementation of the Export Control Reform Act
regulations and work to align the law's regulations with
European Union priorities;
(12) the President should strongly advocate for the listing
of more items and technologies to restrict dual use exports to
the People's Republic of China under the Wassenaar Arrangement;
and
(13) the United States should explore the value of
establishing a body akin to the Coordinating Committee for
Multilateral Export Controls (CoCom) that would specifically
coordinate the export of United States and European Union
sensitive technologies to the People's Republic of China.
SEC. 252. STRATEGY REQUIREMENT.
(a) Strategy To Enhance Cooperation With Europe.--Not later than 90
days after the date of the enactment of this Act, the President shall
submit to the Committee on Foreign Relations and the Committee on Armed
Services of the Senate and the Committee on Foreign Affairs and the
Committee on Armed Services of the House of Representatives a strategy
for how the United States will enhance cooperation with Europe on
managing relations with the People's Republic of China.
(b) Elements.--The strategy required under subsection (a) shall do
the following:
(1) Designate a senior Senate-confirmed Department of State
official to lead United States-European Union efforts to manage
relations with the People's Republic of China.
(2) Identify key policy points of convergence and
divergence between the United States and European Union in
managing relations with the People's Republic of China in the
areas of technology, trade, and economic practices.
(3) Develop working groups with European Union counterparts
on enhancing United States-European Union cooperation on--
(A) economic relations with the People's Republic
of China;
(B) democracy and human rights with respect to the
People's Republic of China;
(C) technology issues with respect to the People's
Republic of China; and
(D) defense issues with respect to the People's
Republic of China.
(4) Describe the coordination mechanisms among key regional
and functional bureaus within the Department of State and
Department of Defense tasked with engaging with the European
Union on the People's Republic of China.
(5) Detail diplomatic efforts to date and future plans to
work with European partners to counter Chinese projection of an
authoritarian governing model around the world.
(6) Detail the diplomatic efforts to date and future plans
to support European efforts to identify cost-effective
alternatives to Huawei's 5G technology.
(7) Detail how United States public diplomacy tools,
including the Department of State's Global Engagement Center,
will coordinate efforts with counterpart entities within the
European Union to counter Chinese propaganda.
(8) Describe the current staffing and budget resources the
Department of State dedicates to United States-European Union
engagement on the People's Republic of China and provide an
assessment of out-year resource needs to execute the strategy.
(9) Detail diplomatic efforts to work with European
partners to track and counter Chinese attempts to exert
influence across multilateral fora, including at the World
Health Organization.
(c) Form.--The strategy required under section (a) shall be
submitted in unclassified form that can be made available to the
public, but may include a classified annex if necessary.
(d) Consultation.--Not later than 90 days after the date of the
enactment of this Act, and every 180 days thereafter, the Secretary of
State shall consult with the Committee on Foreign Relations of the
Senate and the Committee of Foreign Affairs of the House of
Representatives regarding the development and implementation of the
strategy.
SEC. 253. ENHANCING UNITED STATES-EUROPEAN UNION COOPERATION ON POST-
COVID-19 ECONOMIC RELATIONS WITH THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States and European Union should leverage
their respective economic innovation capabilities to support
the global economic recovery from the COVID-19 recession and
draw a contrast with the People's Republic of China's
centralized economy;
(2) the United States and European Union should accelerate
efforts to de-escalate their trade disputes, including
negotiating a United States-European Union trade agreement that
benefits workers and the broader economy in both the United
States and European Union; and
(3) the United States, European Union, and Japan should
continue trilateral efforts to address economic challenges
posed by the People's Republic of China.
(b) Working Group.--The President shall work with counterparts in
Europe to establish a United States-European Union COVID-19 economic
working group focused on the People's Republic of China. The United
States participants in the proposed working group shall seek to--
(1) evaluate United States and European Union overreliance
on Chinese goods, including in the medical and pharmaceutical
sectors, and develop joint strategies to diversify supply
chains;
(2) counter Chinese efforts to use COVID-19-related
assistance as a coercive tool to pressure developing countries
by offering United States and European Union expertise in the
form of official advisors within finance ministries and COVID-
19 task forces; and
(3) leverage the United States and European Union private
sector in the COVID-19 economic recovery.
SEC. 254. RESPONSE TO THE PEOPLE'S REPUBLIC OF CHINA'S BELT AND ROAD
INITIATIVE.
(a) In General.--The President shall work with European
counterparts to establish a formal United States-European Commission
Working Group to develop a comprehensive strategy to respond to the
Belt and Road Initiative (BRI) established by the Government of China.
The United States participants in the proposed working group shall seek
to integrate existing efforts into the strategy, including--
(1) the European Union Strategy on Connecting Europe and
Asia;
(2) the Three Seas Initiative;
(3) the Blue Dot Network among the United States, Japan,
and Australia;
(4) a European Union-Japan initiative that has leveraged
$65,000,000,000 for infrastructure projects and emphasizes
transparency standards; and
(5) efforts to address the Government of China's use of the
United Nations to advance BRI, including the proliferation of
memoranda of understanding between the People's Republic of
China and United Nations funds and programs on BRI
implementation.
(b) Co-Financing of Projects.--
(1) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to co-finance
infrastructure projects that could otherwise be included within
China's Belt and Road Initiative, provided that--
(A) the United States can leverage existing and
future projects that have entered into contracts with
the Belt and Road Initiative to further promote
transparency and debt sustainability; and
(B) the projects promote the public good.
(2) Leveraging of private sector financing.--The United
States shall work with the European Union to also leverage
financing from the private sector for such projects.
(3) Standards.--The United States and the European Union
should coordinate and develop--
(A) a set of transparency, environmental, and
social standards for all infrastructure projects that
are executed by foreign firms on United States or
European soil; and
(B) a strategy to enhance transatlantic cooperation
with the OECD and the Paris Club on ensuring the
highest possible standards for Belt and Road Initiative
contracts and terms with developing countries.
SEC. 255. ENHANCING UNITED STATES-EUROPEAN UNION COOPERATION ON
TECHNOLOGY ISSUES WITH RESPECT TO THE PEOPLE'S REPUBLIC
OF CHINA.
The President shall work with European counterparts to establish a
formal United States-European Union Working Group to develop a
comprehensive strategy to respond to the technology challenges posed by
Chinese efforts in the communications, infrastructure, surveillance
equipment, and cyber sectors. The United States participants in the
proposed working group shall seek to--
(1) complete a joint analysis on the perils of overreliance
on Chinese telecommunications equipment;
(2) share intelligence and screen Chinese investments in
strategic technology and critical infrastructure;
(3) coordinate on blocking imports of surveillance
technologies from the People's Republic of China and on working
with European Union aspirant countries to develop similar
import restriction regimes, making it a requirement for
European Union membership and enhanced relations with the
United States; and
(4) urge the European Union to commit to the September 2019
principles signed by 27 countries regarding ``Advancing
Responsible State Behavior in Cyberspace,'' a set of
commitments introduced by the United States and signed by 19
European countries that support the ``rules-based international
order, affirms the applicability of international law to state-
on-state behavior, adherence to voluntary norms of responsible
state behavior in peacetime, and the development and
implementation of practical confidence building measures to
help reduce the risk of conflict stemming from cyber
incidents''.
SEC. 256. ENHANCING UNITED STATES-EUROPEAN UNION-NATO COOPERATION ON
DEFENSE ISSUES WITH RESPECT TO THE PEOPLE'S REPUBLIC OF
CHINA.
The President shall work with European counterparts to establish a
formal United States-European Commission-NATO Working Group to develop
a comprehensive strategy to respond to security challenges posed by the
People's Republic of China. The United States participants in the
proposed working group shall seek to--
(1) engage in a dialogue on perceptions of Chinese military
strategy and capabilities, including its interest in the Arctic
Region; and
(2) explore the impact of Chinese investments in 5G and
critical technologies, including artificial intelligence, on
transatlantic security over the next decades.
SEC. 257. ENGAGING WITH CIVIL SOCIETY AND ENHANCING UNITED STATES-
EUROPEAN UNION COOPERATION ON DEMOCRACY AND HUMAN RIGHTS
WITH RESPECT TO THE PEOPLE'S REPUBLIC OF CHINA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States and European Union share concerns
with respect to repression by the Government of China across
the country, and have taken measures to address specific abuses
in Tibet, Hong Kong, and Xinjiang; and
(2) the United States and European Union should be united
in their shared values against attempts by the Government of
China at the United Nations and other multilateral
organizations to promote efforts that only serve to erode the
Universal Declaration of Human Rights, like the ``community of
a shared future for mankind'' and ``democratization of
international relations''.
(b) Working Group.--The President shall work with European
counterparts to establish a United States-European Union democracy and
human rights working group on the People's Republic of China. The
United States participants in the working group shall seek--
(1) to coordinate with respect to sanctions, including
asset freezes and visa bans, targeting officials of the
Government of China engaged in gross violations of human
rights;
(2) to urge the European Union to finalize its human rights
sanctions regime, which is under discussion as of the date of
the enactment of this Act and would be the European Union
equivalent of the Global Magnitsky Human Rights Accountability
Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C.
2656 note);
(3) to issue joint statements on human rights abuses and
government repression by the Government of China; and
(4) to develop plans to counter efforts by the Government
of China to export its authoritarian governance model to
countries around the world.
(c) Civil Society Engagement.--Congress encourages the National
Endowment of Democracy to work with organizations in countries in
Europe, and around the world, to address efforts by the Government of
China to undermine democratic institutions and values in Europe and
around the world, including through international organizations.
PART III--SOUTH AND CENTRAL ASIA
SEC. 260. STRATEGY TO ENHANCE COOPERATION WITH SOUTH AND CENTRAL ASIA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the President shall submit to the Committee on
Foreign Relations and the Committee on Armed Services of the Senate and
the Committee on Foreign Affairs and the Committee on Armed Services of
the House of Representatives a strategy for how the United States will
enhance cooperation with the countries of South and Central Asia on
managing relations with the People's Republic of China.
(b) Elements.--The strategy required under subsection (a) shall
include the following elements:
(1) A detailed description of the security and economic
challenges that the People's Republic of China poses to the
countries of South and Central Asia, including border disputes
with South and Central Asian countries that border China,
Chinese investments in ports, transportation infrastructure,
and energy projects across the region.
(2) A detailed description of efforts to provide
alternatives to Chinese infrastructure investment and other
investment in South and Central Asia.
(3) A detailed description of efforts to develop working
groups through the Central Asia C5+1 construct that would work
with countries in Central Asia on strategies to build
resilience against Chinese efforts to interfere in their
political systems and economies.
(4) A detailed description of bilateral and regional
efforts to work with countries in South Asia on strategies to
build resilience against Chinese efforts to interfere in their
political systems and economies.
(5) A detailed description of United States diplomatic
efforts to work with the Government of Afghanistan on
addressing the challenges posed by Chinese investment in the
Afghan mineral sector.
(6) In close consultation with the Government of India,
identification of areas where the United States Government can
provide diplomatic and other support as appropriate for India's
efforts to address economic and security challenges posed by
the People's Republic of China in the region.
(7) A description of the coordination mechanisms among key
regional and functional bureaus within the Department of State
and Department of Defense tasked with engaging with the
countries of South and Central Asia on the People's Republic of
China.
(c) Form.--The strategy required under section (a) shall be
submitted in unclassified form that can be made available to the
public, but may include a classified annex as necessary.
(d) Consultation.--Not later than 90 days after the date of the
enactment of this Act, and not less than every 180 days thereafter, the
Secretary of State shall consult with the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and the
Committee of Foreign Affairs and the Committee on Appropriations of the
House of Representatives regarding the development and implementation
of the strategy required under subsection (a).
PART IV--ASSOCIATION OF SOUTHEAST ASIAN NATIONS
SEC. 261. SENSE OF CONGRESS ON COOPERATION WITH ASEAN.
It is the sense of Congress that the United States--
(1) stands with the nations of Association of Southeast
Asian Nations (ASEAN) as they respond to COVID-19 and supports
greater cooperation in building capacity to prepare for and
respond to pandemics and other public health challenges;
(2) supports high-level United States participation in the
annual ASEAN Summit held each November;
(3) reaffirms the importance of United States-ASEAN
economic engagement, including the elimination of barriers to
cross-border commerce, and supports the ASEAN Economic
Community's (AEC) goals, including strong, inclusive, and
sustainable long-term economic growth and cooperation with the
United States that focuses on innovation and capacity-building
efforts in technology, education, disaster management, food
security, human rights, and trade facilitation, particularly
for ASEAN's poorest countries;
(4) urges ASEAN to continue its efforts to foster greater
integration and unity within the ASEAN community, as well as to
foster greater integration and unity with non-ASEAN economic,
political, and security partners, including Japan, the Republic
of Korea, Australia, the European Union, Taiwan, and India;
(5) recognizes the value of strategic economic initiatives
like United States-ASEAN Connect, which demonstrates a
commitment to ASEAN and the AEC and builds upon economic
relationships in the region;
(6) supports ASEAN nations in addressing maritime and
territorial disputes in a constructive manner and in pursuing
claims through peaceful, diplomatic, and, as necessary,
legitimate regional and international arbitration mechanisms,
consistent with international law, including through the
adoption of a code of conduct in the South China Sea that
represents the interests of all parties and promotes peace and
stability in the region;
(7) urges all parties involved in the maritime and
territorial disputes in the Indo-Pacific region, including the
Government of China--
(A) to cease any current activities, and avoid
undertaking any actions in the future, that undermine
stability, or complicate or escalate disputes through
the use of coercion, intimidation, or military force;
(B) to demilitarize islands, reefs, shoals, and
other features, and refrain from new efforts to
militarize, including the construction of new garrisons
and facilities and the relocation of additional
military personnel, material, or equipment;
(C) to oppose actions by any country that prevent
other countries from exercising their sovereign rights
to the resources in their exclusive economic zones and
continental shelves by enforcing claims to those areas
in the South China Sea that lack support in
international law; and
(D) to oppose unilateral declarations of
administrative and military districts in contested
areas in the South China Sea;
(8) urges parties to refrain from unilateral actions that
cause permanent physical damage to the marine environment, and
supports the efforts of the National Oceanic and Atmospheric
Administration and ASEAN to implement guidelines to address the
illegal, unreported, and unregulated fishing in the region;
(9) urges ASEAN member states to develop a common approach
to reaffirm the decision of the Permanent Court of
Arbitration's 2016 ruling in favor of the Republic of the
Philippines in the case against the People's Republic of
China's excessive maritime claims;
(10) reaffirms the commitment of the United States to
continue joint efforts with ASEAN to halt human smuggling and
trafficking in persons, and urges ASEAN to create and
strengthen regional mechanisms to provide assistance and
support to refugees and migrants;
(11) supports the Lower Mekong Initiative, which has led to
significant progress in promoting sustainable long-term
economic development in mainland Southeast Asia and fostering
integrated sub-regional cooperation and capacity-building;
(12) encourages the President of the United States to
communicate to ASEAN leaders the importance of promoting the
rule of law and open and transparent government, strengthening
civil society, and protecting human rights, including releasing
political prisoners, ceasing politically motivated prosecutions
and arbitrary killings, and safeguarding freedom of the press,
freedom of assembly, freedom of religion, and freedom of speech
and expression;
(13) supports efforts by organizations in ASEAN that
address corruption in the public and private sectors, enhance
anti-bribery compliance, enforce bribery criminalization in the
private sector, and build beneficial ownership transparency
through the ASEAN-USAID PROSPECT project partnered with the
South East Asia Parties Against Corruption (SEA-PAC);
(14) supports the Young Southeast Asian Leaders Initiative
as an example of a people-to-people partnership that provides
skills, networks, and leadership training to a new generation
that will create and fill jobs, foster cross-border cooperation
and partnerships, and rise to solve the regional and global
challenges of the future;
(15) supports expanding the Young Southeast Asian Leaders
Initiative to include people-to-people partnerships from the
broader Indo-Pacific region with an emphasis on civil society
leaders and re-naming it the ``Obama Young Indo-Pacific Leaders
Initiative'';
(16) applauds the ASEAN governments that have fully upheld
and implemented all United Nations Security Council resolutions
and international agreements with respect to the Democratic
People's Republic of Korea's nuclear and ballistic missile
programs, and encourages all other ASEAN governments to do the
same; and
(17) should work with ASEAN, through the ASEAN Defence
Ministers' Meeting, to initiate a dialogue regarding
perceptions of Chinese military strategy and capabilities,
including its interest in the Arctic Region.
SEC. 262. ASEAN STRATEGY REQUIREMENT.
(a) Strategy To Enhance Coordination With ASEAN.--Not later than 90
days after the date of the enactment of this Act, the President shall
submit to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives a strategy
for how the United States will enhance coordination with ASEAN to
increase capacity building and autonomy.
(b) Elements.--The strategy required under subsection (a) shall--
(1) designate a senior Senate-confirmed Department of State
official to lead United States-ASEAN efforts to enhance
technical assistance and capacity building;
(2) identify key issues and barriers to increased capacity
building between the United States and ASEAN;
(3) identify policy points of convergence and divergence
between the United States and ASEAN in the areas of global
governance, technology, and trade and economic practices;
(4) describe the coordination mechanisms among key regional
and functional bureaus within the Department of State, the
Department of Defense, the Department of the Treasury, and the
Office of the United States Trade Representative tasked with
engaging with ASEAN;
(5) detail the diplomatic efforts to counter Chinese
projection of an authoritarian governing model in Southeast
Asia;
(6) detail the diplomatic efforts to date supporting ASEAN
efforts to identify cost-effective alternatives to Huawei's 5G
technology;
(7) detail plans on how United States public diplomacy
tools, including the Department of State's Global Engagement
Center, will coordinate efforts with counterpart entities
within ASEAN to counter authoritarian propaganda; and
(8) describe the current staffing and budget resources the
Department of State dedicates to United States-ASEAN engagement
and provide an assessment of out-year resource needs to execute
the strategy.
(c) Form.--The strategy required under subsection (a) shall be
submitted in unclassified form that can be made available to the
public, but may include a classified annex as necessary.
(d) Consultation.--Not later than 90 days after the date of the
enactment of this Act, and not less than every 180 days thereafter, the
Secretary of State shall consult with the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and the
Committee of Foreign Affairs and the Committee on Appropriations of the
House of Representatives regarding the development and implementation
of the strategy.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, the Director of National Intelligence, and other relevant
heads of Federal agencies, shall submit a report to the appropriate
congressional committees on the political, economic, development,
health, and national security implications of changing water-flows
along the Mekong River and the Tibetan Plateau watershed, including--
(1) a description of the effects of upriver damming of the
Mekong River and the increased security and military presence
of the People's Republic of China on the Lower Mekong, on the
political and economic stability of the Lower Mekong region and
on the countries of the Lower Mekong region; and
(2) an assessment of--
(A) any impact of such efforts on United States
political, diplomatic, economic, cultural, human
rights, and security interests; and
(B) steps being taken by the United States to
address these issues.
SEC. 263. ENHANCING UNITED STATES-ASEAN COOPERATION ON ECONOMIC
RELATIONS WITH THE PEOPLE'S REPUBLIC OF CHINA.
(a) Sense of Congress.--It is the sense of Congress that the United
States and ASEAN--
(1) should leverage their respective economic innovation
capabilities to support the global economic recovery from the
COVID-19 recession and draw a contrast with the People's
Republic of China's centralized economy;
(2) shall accelerate efforts to de-escalate trade disputes
and strengthen economic and trade ties; and
(3) shall cooperate on a strategy to respond to China's
Belt and Road Initiative and to leverage existing and future
projects that have entered into contracts with the Belt and
Road Initiative to further promote transparency, debt
sustainability, and the public good.
(b) Working Group.--The Secretary of State shall establish a United
States-ASEAN economic working group focused on the People's Republic of
China. The working group shall--
(1) evaluate United States and ASEAN overreliance on
Chinese goods, including in the medical and pharmaceutical
sectors, and develop joint strategies to diversify supply
chains; and
(2) seek to leverage the United States and ASEAN private
sector in the COVID-19 economic recovery.
(c) Response to China's Belt and Road Initiative.--
(1) Working group.--The President shall establish a formal
Department of State-ASEAN working group to develop a
comprehensive strategy to respond to China's Belt and Road
Initiative.
(2) Standards.--The United States and ASEAN shall develop a
set of transparency, environmental, and social standards for
all infrastructure projects that are executed by foreign firms
on United States or ASEAN soil.
(3) Funding.--
(A) Leveraging of private sector funds.--The United
States shall work with ASEAN to leverage financing from
the private sector.
(B) Use of funds.--The President, in cooperation
with ASEAN, shall identify at least 5 infrastructure
projects to co-finance in order to promote
transparency, debt sustainability, and the public good.
SEC. 264. ENHANCING UNITED STATES-ASEAN COOPERATION ON DEMOCRACY AND
HUMAN RIGHTS WITH RESPECT TO THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Sense of Congress.--It is the sense of Congress that the United
States and ASEAN should be united against attempts by the Government of
China at the United Nations and other multilateral organizations to
promote efforts that erode the Universal Declaration of Human Rights,
such as the ``community of a shared future for mankind'' and ``the
democratization of international relations''.
(b) Working Group.--The Secretary of State shall establish a United
States-ASEAN democracy and human rights working group on the People's
Republic of China. The working group shall, among other tasks,
coordinate on asset freezes, travel bans, and other sanctions targeting
officials of the Government of China engaged in gross violations of
human rights.
(c) Civil Society Engagement.--The National Endowment for Democracy
shall establish a working group focused on addressing efforts by the
Government of China to promote alternative forms of government in
Southeast Asia.
SEC. 265. SENSE OF CONGRESS ON ENHANCING UNITED STATES-ASEAN
COOPERATION ON TECHNOLOGY ISSUES WITH RESPECT TO THE
PEOPLE'S REPUBLIC OF CHINA.
It is the sense of Congress that--
(1) the United States and ASEAN should complete a joint
analysis on risks of overreliance on Chinese communication
equipment;
(2) the United States and ASEAN should share intelligence
and screen Chinese investments in strategic technology and
critical infrastructure;
(3) the United States and ASEAN should coordinate on
Chinese exports of surveillance technologies and work together
on appropriate import restriction regimes;
(4) the United States should urge ASEAN to adopt its March
2019 proposed sanctions regime targeting cyber attacks;
(5) the United States should urge ASEAN to commit to the
September 2019 principles signed by 27 countries regarding
``Advancing Responsible State Behavior in Cyberspace,'' a set
of commitments that support the ``rules-based international
order, affirms the applicability of international law to state-
on-state behavior, adherence to voluntary norms of responsible
state behavior in peacetime, and the development and
implementation of practical confidence building measures to
help reduce the risk of conflict stemming from cyber
incidents''; and
(6) the United States and ASEAN should explore how Chinese
investments in critical technology, including artificial
intelligence, will impact Indo-Pacific security over the coming
decades.
PART V--AFRICA
SEC. 271. ASSESSMENT OF POLITICAL, ECONOMIC, AND SECURITY ACTIVITY OF
THE PEOPLE'S REPUBLIC OF CHINA IN AFRICA.
(a) Definition.--In this section, the term ``appropriate committees
of Congress'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(b) Intelligence Assessment.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State shall, in
coordination with the Director of National Intelligence, submit to the
appropriate committees of Congress a report that assesses the nature
and impact of Chinese political, economic, and security sector activity
in Africa, and its impact on United States strategic interests,
including--
(1) the amount and impact of direct investment, loans,
development financing, oil-for-loans deals, and other
preferential trading arrangements;
(2) the involvement of Chinese state-owned enterprises in
Africa; and
(3) the amount of African debt held by the People's
Republic of China.
SEC. 272. INCREASING THE COMPETITIVENESS OF THE UNITED STATES IN
AFRICA.
(a) Definition.--In this section, the term ``appropriate committees
of Congress'' means--
(1) the Committee on Foreign Relations, the Committee on
Appropriations, and the Committee on Finance of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Appropriations, and the Committee on Ways and Means of the
House of Representatives.
(b) Strategy Requirement.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall, in
consultation with the Secretary of the Treasury, the Secretary of
Commerce, the Attorney General, the United States Trade Representative,
the Administrator of the United States Agency for International
Development, and the leadership of the United States International
Development Finance Corporation, submit to the appropriate committees
of Congress a report setting forth a multi-year strategy for increasing
United States economic competitiveness and promoting improvements in
the investment climate in Africa including through support for the rule
of law and for improved transparency, anti-corruption and governance.
(c) Elements.--The strategy submitted pursuant to subsection (a)
shall include--
(1) a description and assessment of barriers to United
States investment in Africa for United States businesses,
including a clear identification of the different barriers
facing small-sized and medium-sized businesses, and an
assessment of whether existing programs effectively address
such barriers;
(2) a description and assessment of barriers to African
diaspora investment in Africa, and recommendations to overcome
such barriers; and
(3) an identification of the economic sectors in the United
States that have a comparative advantage in Africa markets.
(d) Assessment of United States Government Human Resources
Capacity.--The Comptroller General of the United States shall--
(1) conduct a review of the number of Foreign Commercial
Service Officers and Department of State Economic Officers at
United States embassies in sub-Saharan Africa; and
(2) develop an assessment of whether human resource
capacity in such embassies is adequate to meet the goals of the
various trade and economic programs and initiatives in Africa,
including the African Growth and Opportunity Act and Prosper
Africa.
SEC. 273. DIGITAL SECURITY COOPERATION WITH RESPECT TO AFRICA.
(a) Definition.--In this section, the term ``appropriate committees
of Congress'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(b) Interagency Working Group To Counter Chinese Cyber Aggression
in Africa.--
(1) In general.--The President shall establish an
interagency Working Group, which shall include representatives
of the Department of State, the Department of Defense, the
Office of the Director of National Intelligence, and such other
agencies of the United States Government as the President
considers appropriate, on means to counter Chinese cyber
aggression with respect to Africa.
(2) Duties.--The Working Group established pursuant to this
subsection shall develop a set of recommendations for--
(A) bolstering the capacity of governments in
Africa to ensure the integrity of their data networks
and critical infrastructure where applicable;
(B) providing alternatives to Huawei;
(C) an action plan for United States embassies in
Africa to offer to provide assistance to host-country
governments with protecting their vital digital
networks and infrastructure from Chinese espionage; and
(D) helping civil society in Africa counter digital
authoritarianism.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Working Group shall submit to the
appropriate committees of Congress a report setting forth the
recommendations developed pursuant to this subsection. The
report shall be submitted in unclassified form, but may include
a classified annex.
SEC. 274. INCREASING PERSONNEL IN UNITED STATES EMBASSIES IN SUB-
SAHARAN AFRICA FOCUSED ON THE PEOPLE'S REPUBLIC OF CHINA.
The Assistant Secretary of State for African Affairs may station on
a permanent basis a China Desk Officer at such United States embassies
in sub-Saharan Africa as the Assistant Secretary considers appropriate.
SEC. 275. SUPPORT FOR CIVIL SOCIETY IN AFRICA.
(a) Young African Leaders Initiative.--
(1) Finding.--Congress finds that youth in Africa can have
a positive impact on efforts to foster economic growth, improve
public sector transparency and governance, and counter
extremism, and should be an area of focus for United States
outreach on the continent.
(2) Policy.--It is the policy of the United States, in
cooperation and collaboration with private sector companies,
civic organizations, nongovernmental organizations, and
national and regional public sector entities, to commit
resources to enhancing the entrepreneurship and leadership
skills of African youth with the objective of enhancing their
ability to serve as leaders in the public and private sectors
in order to help them spur growth and prosperity, strengthen
democratic governance, and enhance peace and security in their
respective countries of origin and across Africa.
(3) Young african leaders initiative.--
(A) In general.--There is hereby established the
Young African Leaders Initiative, to be carried out by
the Secretary of State.
(B) Fellowships.--There are authorized to be
appropriated such sums as necessary to support the
participation in the Initiative established under this
paragraph, in the United States, of not fewer than 700
fellows from Africa each year for such education and
training in leadership and professional development
through the Department of State as the Secretary of
State considers appropriate. The Secretary shall
establish and publish criteria for eligibility for
participation as such a fellow, and for selection of
fellows among eligible applicants for a fellowship.
(C) Reciprocal exchanges.--Under the Initiative,
United States citizens may engage in such reciprocal
exchanges in connection with and collaboration on
projects with fellows under subparagraph (A) as the
Secretary considers appropriate.
(b) Regional Centers and Networks.--The Administrator of the United
States Agency for International Development shall establish each of the
following:
(1) Not fewer than four regional centers in Africa to
provide in-person and online training throughout the year in
business and entrepreneurship, civic leadership, and public
management.
(2) An online network that provides information and online
courses on, and connections with leaders in, the private and
public sectors in Africa.
(c) Africa Broadcasting Networks.--Not later than 180 days after
the date of the enactment of this Act, the CEO of the United States
Agency for Global Media shall submit to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives a report on the resources and timeline needed
to establish within the Agency an organization whose mission shall be
to promote democratic values and institutions in Africa by providing
objective, accurate, and relevant news and information to the people of
Africa, especially in countries where a free press is banned by the
government or not fully established, about the region, the world, and
the United States through uncensored news, responsible discussion, and
open debate.
PART VI--MIDDLE EAST AND NORTH AFRICA
SEC. 277. STRATEGY TO COUNTER CHINESE INFLUENCE IN, AND ACCESS TO, THE
MIDDLE EAST AND NORTH AFRICA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the economic influence of the People's Republic of
China through its oil and gas imports from the Middle East
provides influence and leverage that runs counter to United
States interests in the region; and
(2) the export of certain communications infrastructure
from the People's Republic of China furthers the efforts of the
Government of China to promote its digital authoritarianism
through surveillance tools and policies.
(b) Strategy Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Administrator of the United States Agency
for International Development, and the heads of other
appropriate Federal agencies, shall jointly develop and submit
a strategy to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives for countering and limiting Chinese influence
in, and access to, the Middle East and North Africa.
(2) Elements.--The strategy required under paragraph (1)
shall include--
(A) efforts to improve regional cooperation with
United States allies and partners to promote maritime
security in the Arabian Gulf, the Red Sea, and the
Eastern Mediterranean;
(B) increased support for government-to-government
engagement on critical infrastructure development
projects including ports and water infrastructure;
(C) efforts to encourage United States private
sector and public-private partnerships in healthcare
technology;
(D) specific steps to counter increased Chinese
investment in telecommunications infrastructure and
diplomatic efforts to stress the political, economic,
and social benefits of a free and open internet;
(E) efforts to promote United States private sector
engagement in and public-private partnerships on
renewable energy development; and
(F) the expansion of public-private partnership
efforts on water, desalination, and irrigation
projects.
SEC. 278. REPORT ON CHINESE ENERGY, INFRASTRUCTURE, AND ECONOMIC
DEVELOPMENT IN THE MIDDLE EAST AND NORTH AFRICA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of State,
in consultation with the Secretary of the Treasury, the Secretary of
Defense, and the Secretary of Energy, shall submit a report regarding
Chinese energy, infrastructure, and economic development efforts across
the Middle East and North Africa to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Finance of the Senate;
(3) the Committee on Energy and Natural Resources of the
Senate;
(4) the Committee on Appropriations of the Senate;
(5) the Committee on Foreign Affairs of the House of
Representatives;
(6) the Committee on Ways and Means of the House of
Representatives;
(7) the Committee on Energy and Commerce of the House of
Representatives; and
(8) the Committee on Appropriations of the House of
Representatives.
(b) Additional Elements.--The report required under subsection (a)
shall include information regarding--
(1) Chinese imports of crude oil, refined petroleum
products, and natural gas;
(2) Chinese investment into critical infrastructure
projects, including--
(A) infrastructure projects that would increase
Chinese maritime access to the Arabian Gulf, the Red
Sea, or the Eastern Mediterranean or would increase
rail or road links between the People's Republic of
China and the Middle East and North Africa, including--
(i) an investment of more than $5,000,000
in critical infrastructure, especially port
facilities and utilities; and
(ii) joint ventures outside the Middle East
and North Africa between Chinese companies and
companies based in the Middle East or North
Africa;
(B) infrastructure projects that would benefit
Iran's ability to export crude oil, gas, or refined
petrochemicals;
(C) infrastructure projects that would
significantly affect United States military basing,
diplomatic facilities, or military and diplomatic
visits to existing facilities or ports, including an
assessment of the security risks posed by such projects
to United States military and diplomatic personnel and
facilities; and
(D) Chinese investment in alternative and renewable
energy projects;
(3) joint nuclear technology and energy projects;
(4) Chinese investment in telecommunications projects,
including--
(A) the use of Chinese equipment valued at more
than $2,000,000 in communications infrastructure; and
(B) equipment that furthers the ability of
governments to exercise surveillance and control over
their citizens;
(5) Chinese investment in water and irrigation projects;
(6) Chinese efforts to evade Iran sanctions; and
(7) an assessment of which Belt and Road Initiative
projects could negatively impact United States economic or
security interests in the region.
SEC. 279. MIDDLE EAST PARTNERSHIP INITIATIVE.
(a) Findings.--Congress makes the following findings:
(1) The United States and the international community have
long-term interests in the stability, security, and prosperity
of the people of the Middle East and North Africa.
(2) Transparent governance structures and active civil
society engagement help counter predatory foreign investment
efforts.
(b) Statement of Policy.--It is the policy of the United States
that the United States and the international community should, through
a Middle East Partnership Initiative, support modernization and reform
efforts that--
(1) advance education;
(2) promote economic opportunity;
(3) foster private sector development;
(4) strengthen civil society;
(5) promote transparent and democratic governance and the
rule of law; and
(6) increase access for women to fully participate
politically and economically in society.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $40,000,000 for fiscal year 2021 for the purpose of
fostering partnerships among citizens, civil society, the private
sector, and government institutions in the Middle East and North Africa
to generate shared solutions that promote stability, transparency, good
governance, and economic development, including a scholarship program.
PART VII--ARCTIC REGION
SEC. 281. ARCTIC REGION DEFINED.
In this part, the term ``Arctic Region'' means the geographic
region north of the 66.56083 parallel latitude north of the equator.
SEC. 282. SENSE OF CONGRESS ON ARCTIC SECURITY.
It is the sense of Congress that--
(1) the rapidly changing Arctic environment--
(A) creates new national and regional security
challenges due to increased activity in the Arctic
Region;
(B) heightens the risks of potential conflicts
spilling over into the Arctic Region from interventions
and theaters of tension in other regions of the world;
(C) threatens maritime safety due to inadequate
capacity to patrol increasing vessel traffic across
broader expanses of open Arctic water resulting from
diminishing annual levels of sea ice;
(D) impacts public safety due to increased human
activity in the Arctic Region where search and rescue
capacity remains very limited; and
(E) threatens the health of the Arctic Region's
fragile and historically pristine environment and the
unique and highly sensitive species found in the Arctic
Region's marine and terrestrial ecosystems;
(2) increased maritime traffic and other economic activity
from adversarial nations, such as the People's Republic of
China and the Russian Federation, threaten United States
interests and the free movement of vessels in the Arctic
Region;
(3) increased military presence in the Arctic Region from
countries such as the Russian Federation and the People's
Republic of China pose serious security threats to the United
States;
(4) diminished sea ice, resulting from the effects of
climate change, is--
(A) opening up new maritime routes;
(B) increasing maritime traffic;
(C) extending the times of year in which ships can
transit the Arctic Region; and
(D) creating greater risks to the Arctic
environment, maritime safety, and naval defense
patrols;
(5) the United States should reduce the consequences
outlined in preceding paragraphs by--
(A) carefully evaluating the wide variety and
extremely dynamic set of security and safety risks
unfolding in the Arctic Region;
(B) developing policies and making preparations for
mitigating and responding to threats and risks in the
Arctic Region;
(C) adequately funding the National Earth System
Prediction Capability Project to substantively improve
weather, ocean, and ice predictions on time scales
necessary for ensuring regional security and trans-
Arctic shipping;
(D) investing in resources, including a
significantly expanded icebreaker fleet, to ensure that
the United States has adequate capacity to prevent and
respond to security threats in the Arctic Region; and
(E) pursuing diplomatic engagements with all
nations in the Arctic Region to reach an agreement
for--
(i) maintaining peace and stability in the
Arctic Region; and
(ii) fostering cooperation on stewardship
and safety initiatives in the Arctic Region.
SEC. 283. ARCTIC SECURITY STRATEGY.
(a) Purpose.--The purpose of this section is to develop a strategy
for protecting and advancing national security, economic,
transportation, and environmental protection interests in the Arctic
Region.
(b) Amendment.--Section 1 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Special Representative for the Arctic.--
``(1) Definitions.--In this subsection:
``(A) Arctic nations.--The term `Arctic Nations'
means the 8 nations (Russia, Canada, the United States,
Norway, Denmark (including Greenland), Finland, Sweden,
and Iceland) with territory or exclusive economic zones
that extend north of the 66.56083 parallel latitude
north of the equator.
``(B) Arctic region.--The term `Arctic Region'
means the geographic region north of the 66.56083
parallel latitude north of the equator.
``(2) Appointment.--Not later than 120 days after the date
of the enactment of the America LEADS Act, the President, in
consultation with the Secretary of State, shall appoint, by and
with the advice and consent of the Senate, a Special
Representative for the Arctic (referred to in this subsection
as the `Arctic Envoy'), who--
``(A) shall serve within the Office of the
Secretary of State; and
``(B) shall have the rank and status of Ambassador
at Large.
``(3) Duties.--The Arctic Envoy shall--
``(A) develop and facilitate the implementation of
an Arctic Region Security Policy in accordance with
paragraph (4);
``(B) coordinate the integration of scientific data
on the effects (both current and projected), of climate
change on the Arctic Region and ensure that such data
is applied to the development of security strategies
for the Arctic Region;
``(C) make available the methods and approaches on
the integration of climate science to other regional
security planning programs in the Department of State
to better ensure that broader decision-making processes
may more adequately account for the effects of climate
change;
``(D) serve as a key point of contact for other
Federal agencies, including the Department of Defense,
the Department of Homeland Security, and the
Intelligence Community, on Arctic Region security
issues;
``(E) use the voice, vote, and influence of the
United States to encourage other countries and
international multilateral organizations to support the
principles of the Arctic Region Security Policy
implemented pursuant to paragraph (4); and
``(F) perform such other duties and exercise such
powers as the Secretary of State shall prescribe.
``(4) Arctic region security policy.--The Arctic Region
Security Policy shall include requirements for the Bureau of
Conflict and Stabilization Operations, the Bureau of Political-
Military Affairs, embassies, regional bureaus, and other
offices with a role in conflict avoidance, prevention and
security assistance, or humanitarian disaster response,
prevention, and assistance to assess, develop, budget for, and
(upon approval) implement plans, policies, and actions--
``(A) to enhance the resilience capacities of
Arctic Nations to the effects of climate change and
increased civilian and military activity from Arctic
Nations and other nations that may result from
increased accessibility of the Arctic Region due to
decreased sea ice, warmer ambient air temperatures and
other effects of climate change, as a means of reducing
the risk of conflict and instability;
``(B) to assess specific added risks to the Arctic
Region and Arctic Nations that--
``(i) are vulnerable to the effects of
climate change; and
``(ii) are strategically significant to the
United States;
``(C) to account for the impacts on human health,
safety, stresses, reliability, food production, fresh
water and other critical natural resources, and
economic activity;
``(D) to coordinate the integration of climate
change risk and vulnerability assessments into the
decision-making process on foreign assistance awards to
Arctic Nations;
``(E) to advance principles of good governance by
encouraging and cooperating with Arctic Nations on
collaborative approaches--
``(i) to sustainably manage natural
resources in the Arctic Region;
``(ii) to share the burden of ensuring
maritime safety in the Arctic Region;
``(iii) to prevent the escalation of
security tensions by mitigating against the
militarization of the Arctic Region;
``(iv) to develop mutually agreed upon
multilateral policies among Arctic Nations on
the management of maritime transit routes
through the Arctic Region and work
cooperatively on the transit policies for
access to and transit in the Arctic Region by
non-Arctic Nations; and
``(v) to facilitate the development of
Arctic Region Security Action Plans to ensure
stability and public safety in disaster
situations in a humane and responsible fashion;
and
``(F) to evaluate the vulnerability, security,
susceptibility, and resiliency of United States
interests and nondefense assets in the Arctic Region.
``(5) Report.--The Arctic Envoy shall regularly report to
the Secretary of State regarding the activities described in
paragraphs (3) and (4) to integrate Arctic Region security
concerns into agendas and program budget requests.''.
Subtitle D--Intelligence Matters
SEC. 291. DEFINITIONS.
In this subtitle:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in such section.
SEC. 292. INDEPENDENT REVIEW OF COUNTERINTELLIGENCE APPARATUS AND
STRUCTURE OF FEDERAL GOVERNMENT.
(a) Establishment.--Not later than 30 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Director of the National Counterintelligence and
Security Center, the Under Secretary of Defense for Intelligence and
Security, the Director of the Central Intelligence Agency, and the
Director of the Federal Bureau of Investigation, shall jointly
establish an independent panel to review the current
counterintelligence apparatus and structure in the intelligence
community to enhance the counterintelligence posture, capabilities, and
responsibilities of the Federal Government in response to contemporary
threats.
(b) Composition.--The panel established under subsection (a) shall
be composed of 8 members as follows:
(1) At least 1 shall be a former employee of the National
Counterintelligence and Security Center who retired from
Federal employment.
(2) At least 1 shall be a former employee of the Central
Intelligence Agency who retired from Federal employment.
(3) At least 1 shall be a former employee of the Federal
Bureau of Investigation who retired from Federal employment.
(4) At least 1 shall be a former employee of the Department
of Defense counterintelligence apparatus who retired from
Federal employment.
(5) At least 1 shall be a former employee of the Federal
Government who has spent the predominant amount of his or her
career outside of the intelligence community.
(6) At least 1 of whom shall be an expert on policy
relating to the People's Republic of China.
(7) At least 1 of whom shall be an expert on policy
relating to Russia.
(8) At least 1 of whom shall be an academic who is well
known in the academic and national security fields.
(9) All of whom shall be recognized in the field of
counterintelligence.
(c) Duties.--
(1) Review.--
(A) In general.--The panel established under
subsection (a) shall conduct a review as described in
such subsection.
(B) Elements.--The review conducted under
subparagraph (A) shall include the following:
(i) Review of the structure and functions
of the counterintelligence apparatus,
capabilities of the intelligence community and
counterintelligence components of the Federal
Government, and funding, resourcing, and
regulations as they pertain to the following
aspects of counterintelligence:
(I) Investigations,
counterintelligence, and espionage,
including potential legislative action
to improve chapter 37 of title 18,
United States Code, to address
contemporary issues.
(II) Operations.
(III) Analysis.
(IV) Cyber operations.
(V) Policy.
(VI) Strategy.
(VII) Foreign influence and counter
foreign influence.
(ii) Analysis of the counterintelligence
structure of the intelligence community and
security elements of Federal departments and
agencies that are not elements of the
intelligence community.
(iii) Evaluation of the role of the
National Counterintelligence and Security
Center in leading the counterintelligence
apparatus and Federal counterintelligence
capabilities and its relationship with the
operational counterintelligence community,
including the Federal Bureau of Investigation
and the Department of Homeland Security.
(iv) Review of potential advantages and
risks associated with alternative constructs,
governance models, restructuring, and
reorganization for counterintelligence,
including consideration of what an ideal
national-level strategic counterintelligence
program should look like.
(v) Review of the resources required and
feasibility of the constructs, governance
models, restructuring, and reorganization
reviewed under clause (iv) that could improve
United States counterintelligence to work more
strategically, including such legislative or
administrative action as may be necessary to do
so, such as legislative action regarding
appropriations and ability to provide funding
to programs that organizationally sit outside
of the intelligence programs funded as part of
the National Intelligence Program and may
result in unfunded mandates.
(2) Report.--
(A) In general.--Not later than 360 days after the
date of the enactment of this Act, the panel shall
submit to the congressional intelligence committees a
report on the findings of the panel with respect to the
review conducted under paragraph (1).
(B) Form.--The report submitted under subparagraph
(A) shall be submitted in unclassified form, but may
include a classified annex.
SEC. 293. REVIEW ORGANIZATIONAL CULTURE OF INTELLIGENCE COMMUNITY WITH
RESPECT TO DIVERSITY, INCLUSION, AND EQUITY PRACTICES.
(a) In General.--The Comptroller General of the United States shall
carry out an independent audit of elements of the intelligence
community with respect to diversity, inclusion, and equity practices in
employment and community interactions.
(b) Elements.--The audit carried out under subsection (a) shall, at
a minimum, cover the following:
(1) The hiring, retention, and promotion of women and
minorities, particularly Asian Americans, including analysis of
both data and business practices and the processes used.
(2) Measures to address issues tagged in annual work
climate surveys.
(3) Top management support of diversity officers and
initiatives, as well as of women and minority employee affinity
groups.
(4) The engagement of community advisory groups to enhance
communications and to rebuild trust and cooperation with
minority and immigrant communities.
TITLE III--INVESTING IN OUR VALUES
SEC. 301. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Finance,
the Select Committee on Intelligence, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Ways and Means, the
Permanent Select Committee on Intelligence, and the Committee
on Appropriations of the House of Representatives.
SEC. 302. TIBET POLICY AND SUPPORT.
(a) Modifications to and Reauthorization of the Tibetan Policy Act
of 2002.--
(1) Tibet negotiations.--Section 613 of the Tibetan Policy
Act of 2002 (subtitle B of title VI of division A of Public Law
107-228; 22 U.S.C. 6901 note) is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by inserting ``without
preconditions'' after ``a dialogue'';
(II) by inserting ``or Central
Tibetan Administration
representatives'' after ``his
representatives''; and
(III) by adding at the end before
the period the following: ``and should
coordinate with other governments in
multilateral efforts toward this
goal'';
(ii) by redesignating paragraph (2) as
paragraph (3); and
(iii) by inserting after paragraph (1) the
following new paragraph:
``(2) Policy communication.--The President shall direct the
Secretary of State to ensure that, in accordance with this Act,
United States policy on Tibet, as coordinated by the United
States Special Coordinator for Tibetan Issues, is communicated
to all Federal departments and agencies in contact with the
Government of China.''; and
(B) in subsection (b)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``until December
31, 2021''; and
(II) by inserting ``and direct the
Department of State to make public on
its website'' after ``appropriate
congressional committees'';
(ii) in paragraph (1), by striking ``and''
at the end;
(iii) in paragraph (2), by striking the
period at the end and inserting a semicolon;
and
(iv) by adding at the end the following new
paragraphs:
``(3) the steps taken by the United States Government to
promote and protect the human rights and the distinct
religious, cultural, linguistic, and national identity of the
Tibetan people, including the right of the Tibetan people to
choose their own religious leaders in accordance with their
established religious practice and system; and
``(4) an analysis of United States business activities in
Tibet, whether those activities employ Tibetans and how many,
whether those activities are consistent with the protection of
the environment and Tibetan cultural traditions, and whether
those activities contribute to or support, through goods or
services, the surveillance of the people of Tibet.''.
(2) Economic development in tibet.--Section 616 of such Act
(22 U.S.C. 6901 note) is amended--
(A) in subsection (d)--
(i) in paragraph (5), by inserting ``human
rights,'' after ``respect Tibetan'';
(ii) in paragraph (8), by striking ``and''
at the end;
(iii) in paragraph (9), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following new
paragraph:
``(10) neither provide incentive for, nor facilitate the
involuntary or coerced relocation of, Tibetan nomads from their
traditional pasturelands into concentrated settlements.''; and
(B) by adding at the end the following new
subsections:
``(e) Private Sector Investment.--The Secretary of State, in
coordination with the Secretary of Commerce, should--
``(1) encourage United States businesses and individuals
that are engaged in commerce or investing in enterprises in
Tibet to abide by the principles specified in subsection (d)
and the United Nations Guiding Principles on Business and Human
Rights; and
``(2) request that such businesses and individuals provide
to the Department of State periodic reports on their adherence
to such principles.
``(f) United States Assistance.--The President shall provide grants
to nongovernmental organizations to support sustainable economic
development, cultural and historical preservation, health care,
education, and environmental sustainability projects for Tibetan
communities in Tibet, in accordance with the principles specified in
subsection (d) and subject to the review and approval of the United
States Special Coordinator for Tibetan Issues under section 621(d) or,
if the Coordinator has not been appointed, the Assistant Secretary of
State for Democracy, Human Rights, and Labor.''.
(3) Diplomatic representation relating to tibet.--Section
618 of such Act (22 U.S.C. 6901 note) is amended to read as
follows:
``SEC. 618. DIPLOMATIC REPRESENTATION RELATING TO TIBET.
``(a) United States Consulate in Lhasa, Tibet.--
``(1) In general.--The Secretary should seek to establish a
United States consulate in Lhasa, Tibet, to provide consular
services to United States citizens traveling in Tibet and to
monitor political, economic, and cultural developments in
Tibet.
``(2) Consular districts.--The Secretary should organize
the United States Embassy's consular districts within the
People's Republic of China so that all areas designated as
autonomous for Tibetans are contained within the same consular
district.
``(b) Tibet Section in United States Embassy in Beijing, China.--
``(1) In general.--The Secretary shall establish a Tibet
section within the United States Embassy in Beijing, China, to
follow political, economic, and social developments in Tibet
until such time as a United States consulate in Lhasa, Tibet,
is established under subsection (a).
``(2) Duties.--The Tibet section established under
paragraph (1) shall have the primary responsibility of
reporting on human rights issues and access to Tibet by United
States Government officials, journalists, nongovernmental
organizations, and the Tibetan diaspora, and shall work in
close cooperation with the United States Special Coordinator
for Tibetan Issues.
``(c) Policy.--The Secretary shall not authorize the establishment
in the United States of any additional consulate of the People's
Republic of China until such time as a United States consulate in
Lhasa, Tibet, is established under subsection (a).''.
(4) Religious persecution in tibet.--Section 620(b) of such
Act (22 U.S.C. 6901 note) is amended by adding at the end
before the period the following: ``, including with respect to
the reincarnation system of Tibetan Buddhism''.
(5) United states special coordinator for tibetan issues.--
Section 621 of such Act (22 U.S.C. 6901 note) is amended--
(A) by amending subsection (c) to read as follows:
``(c) Objectives.--The objectives of the Special Coordinator are
to--
``(1) promote substantive dialogue without preconditions
between the Government of China and the Dalai Lama or his
representatives or Central Tibetan Administration
representatives leading to a negotiated agreement on Tibet;
``(2) encourage the Government of China to address the
aspirations of the Tibetan people regarding their cultural,
religious, linguistic, and national identity;
``(3) promote the human rights and religious freedoms of
the Tibetan people, including women's human rights;
``(4) promote activities to preserve the distinct
environment and water resources of the Tibetan plateau;
``(5) promote economic development as enumerated in section
616(e); and
``(6) promote access to Tibet in accordance with the
Reciprocal Access to Tibet Act of 2018 (Public Law 115-330).'';
(B) in subsection (d)--
(i) in paragraph (5), by striking ``and''
at the end;
(ii) by redesignating paragraph (6) as
paragraph (8); and
(iii) by inserting after paragraph (5) the
following new paragraphs:
``(6) review and approve all projects carried out pursuant
to section 616(f) of this Act and section 7(b) of the Tibetan
Policy and Support Act of 2019;
``(7) seek to establish international diplomatic coalitions
to--
``(A) oppose any effort by the Government of China
to identify or install Tibetan Buddhist religious
leaders in a manner inconsistent with the established
religious practice and system of Tibetan Buddhism; and
``(B) ensure that the identification and
installation of Tibetan Buddhist religious leaders,
including a future 15th Dalai Lama, is determined
solely within the Tibetan Buddhist faith community, in
accordance with the universally recognized right to
religious freedom; and''; and
(C) by adding at the end the following new
subsection:
``(e) Personnel.--The Secretary shall assign not less than three
individuals to the Office of the Special Coordinator to assist in the
management of the responsibilities of this section.''.
(6) Geographic definition of tibet.--Such Act (22 U.S.C.
6901 note), as so amended, is further amended by adding at the
end the following new section:
``SEC. 622. GEOGRAPHIC DEFINITION OF TIBET.
``In this Act and in implementing policies relating to the Tibetan
people under other provisions of law, the term `Tibet', unless
otherwise specified, means--
``(1) the Tibet Autonomous Region; and
``(2) the Tibetan areas of Qinghai, Sichuan, Gansu, and
Yunnan provinces.''.
(b) Statement of Policy Regarding the Succession or Reincarnation
of the Dalai Lama.--
(1) Findings.--Congress finds the following:
(A) Tibetan Buddhism is practiced in many
countries, including the People's Republic of China,
Bhutan, Nepal, Mongolia, India, the Russian Federation,
and the United States.
(B) No single political entity encompasses the
territory in which Tibetan Buddhism is practiced.
(C) The Dalai Lama is widely revered by Tibetan
Buddhists and those who practice Tibetan Buddhism
around the world, including those in the United States,
as their spiritual leader.
(D) Under the Tibetan Buddhist belief system, there
have been 14 persons recognized as the Dalai Lama, each
a manifestation of the Bodhisattva of Compassion,
selected according to the spiritual traditions and
practices of Tibetan Buddhism.
(E) The 14th Dalai Lama, Tenzin Gyatso, issued a
statement on September 24, 2011, explaining the
traditions and spiritual precepts of the selection of
Dalai Lamas, setting forth his views on the
considerations and process for selecting his successor,
and providing a response to the claims of the
Government of China that only that Government has the
ultimate authority in the selection process of the
Dalai Lama.
(F) The 14th Dalai Lama said in his statement that
if a decision to continue the institution of the Dalai
Lama is made, that the responsibility shall primarily
rest with the Dalai Lama's Gaden Phodrang Trust, who
will be informed by the written instructions of the
14th Dalai Lama.
(G) Since 2011, the 14th Dalai Lama has reiterated
publicly on numerous occasions that decisions on the
succession or reincarnation of the next Dalai Lama
belong to the Tibetan Buddhist faith community alone.
(H) The Government of China has interfered in the
process of recognizing a successor or reincarnation of
Tibetan Buddhist leaders, including in 1995 by
arbitrarily detaining Gedhun Choekyi Nyima, a 6-year-
old boy who was identified as the 11th Panchen Lama,
and purporting to install its own candidate as the
Panchen Lama.
(I) During his confirmation hearings to be
Secretary of State, Michael Pompeo testified to the
Committee on Foreign Relations of the Senate, ``If
confirmed, I will press the Chinese government to
respect the legitimacy of Tibetan Buddhists' religious
practices. This includes the decisions of Tibetan
Buddhists in selecting, educating, and venerating the
lamas who lead the faith, such as the Dalai Lama.''.
(J) The Department of State's Report on
International Religious Freedom for 2017 reported on
policies and efforts of the Government of China to
exert control over the selection of Tibetan Buddhist
religious leaders, including reincarnate lamas, and
stated that ``U.S. officials underscored that decisions
on the reincarnation of the Dalai Lama should be made
solely by faith leaders''.
(K) In July 2015, Under Secretary of State for
Civilian Security, Democracy, and Human Rights, Sarah
Sewall, serving concurrently as United States Special
Coordinator for Tibetan Issues, testified to Congress
that ``the basic and universally recognized right of
religious freedom demands that any decision on the next
Dalai Lama be reserved to the current Dalai Lama,
Tibetan Buddhist leaders, and the Tibetan people''.
(L) On June 8, 2015, the United States House of
Representatives unanimously approved House Resolution
337 (114th Congress) which calls on the United States
Government to ``underscore that government interference
in the Tibetan reincarnation process is a violation of
the internationally recognized right to religious
freedom, and that matters related to reincarnations in
Tibetan Buddhism are of keen interest to Tibetan
Buddhist populations worldwide''.
(M) On April 25, 2018, the United States Senate
unanimously approved Senate Resolution 429 (115th
Congress), which ``expresses its sense that the
identification and installation of Tibetan Buddhist
religious leaders, including a future 15th Dalai Lama,
is a matter that should be determined solely within the
Tibetan Buddhist faith community, in accordance with
the inalienable right to religious freedom''.
(2) Statement of policy.--It is the policy of the United
States that--
(A) decisions regarding the identification and
installation of Tibetan Buddhist religious leaders,
including a future 15th Dalai Lama, are exclusively
spiritual matters that should be made by the
appropriate religious authorities within the Tibetan
Buddhist tradition and in the context of the will of
religious practitioners and the instructions of the
14th Dalai Lama; and
(B) interference by the Government of China or any
other government in the process of recognizing a
successor or reincarnation of the Dalai Lama would
represent a clear violation of the fundamental
religious freedoms of Tibetan Buddhists and the Tibetan
people.
(3) Amendments to foreign relations authorization act,
fiscal years 1990 and 1991.--Section 901(a) of the Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991 (Public
Law 101-246; 104 Stat. 80) is amended--
(A) by redesignating paragraphs (7), (8), and (9)
as paragraphs (8), (9), and (10), respectively; and
(B) by inserting after paragraph (6) the following
new paragraph:
``(7) protecting the internationally recognized right to
the freedom of religion and belief, including ensuring that the
identification and installation of Tibetan Buddhist religious
leaders, including a future 15th Dalai Lama, is a matter
determined solely within the Tibetan Buddhist faith community,
based on instructions of the 14th Dalai Lama, without
interference by the Government of China;''.
(4) Holding chinese officials responsible for religious
freedom abuses targeting tibetan buddhists.--It is the policy
of the United States--
(A) to consider any effort by the Government of
China to identify or install its own candidate as the
future 15th Dalai Lama of Tibetan Buddhism to be--
(i) a serious human rights abuse as such
term is used in Executive Order No. 13818
(relating to blocking the property of persons
involved in serious human rights abuse or
corruption); and
(ii) a particularly severe violation of
religious freedom for purposes of applying
section 212(a)(2)(G) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(2)(G); and
(B) to consider any official of the Government of
China determined to be complicit in identifying or
installing a government-approved candidate as the
future 15th Dalai Lama, contrary to the instructions
provided by the 14th Dalai Lama, and one not recognized
by the faith community of Tibetan Buddhists globally,
to be subject to sanctions described in Executive Order
No. 13818 and to inadmissibility into the United States
under section 212(a)(2)(G) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(2)).
(5) Department of state programming to promote religious
freedom for tibetan buddhists.--Consistent with section 401 of
the Frank R. Wolf International Religious Freedom Act (Public
Law 114-281; 130 Stat. 1436), using funds available to the
Department of State for international religious freedom
programs, the Ambassador at Large for International Religious
Freedom should provide funding to vigorously protect and
promote international religious freedom in the People's
Republic of China and for programs to protect Tibetan Buddhism
in China and elsewhere.
(c) Reporting on Tibet Under the International Religious Freedom
Act of 1998.--Section 102(b)(1) of the International Religious Freedom
Act of 1998 (22 U.S.C. 6412(b)(1)) is amended--
(1) in subparagraph (B), by striking ``, including
policies'' and inserting ``, including interference in the
right of religious communities to choose their leaders,
policies''; and
(2) by adding at the end the following new subparagraph:
``(H) China.--Because matters relating to religious
freedom in China are complex in scope and intensity and
often vary by ethnicity and geographic or
administrative region, each chapter on China in the
Annual Report shall include separate sections on--
``(i) Tibet;
``(ii) the Xinjiang Uyghur Autonomous
Region;
``(iii) Hong Kong and Macau;
``(iv) unrecognized or independent Catholic
and Protestant `house churches'; and
``(v) Falun Gong and faith-based or new
religious movements.''.
(d) Policy Regarding the Environment and Water Resources on the
Tibetan Plateau.--
(1) Findings.--Congress makes the following findings:
(A) Glaciers in Tibet feed 10 of the major rivers
of South and East Asia, which supply fresh water to an
estimated 1,800,000,000 people.
(B) Chinese scientists have reported that since
1960 the Tibetan Plateau's annual average temperature
has increased at twice the global average, causing
melting of the glaciers, which will result in variable
water flows in the future.
(C) Tibet's rivers support wetlands that play a key
role in water storage, water quality, and the
regulation of water flow, and support biodiversity,
foster vegetation growth, and act as carbon sinks.
(D) The grasslands of Tibet play a significant role
in carbon production and sequestration.
(E) Changes in permafrost levels can affect the
water supply, cause desertification, and destabilize
infrastructure on the Tibetan Plateau and beyond.
(F) The warming of the Tibetan Plateau may cause
changes in the monsoon cycle in South and Southeast
Asia, which could lead to droughts or floods that
overwhelm infrastructure and damage crops.
(G) The resettlement of nomads from Tibetan
grasslands undermines the application of traditional
stewardship practices developed through centuries of
pastoral practices, which can be key to mitigating the
negative effects of warming on the Tibetan Plateau.
(H) The construction of large hydroelectric power
dams in Tibet, planned to be used in part to transmit
power to Chinese provinces outside of Tibet, as well as
other infrastructure projects, including the Sichuan-
Tibet railroad may also lead to the resettlement of
thousands of Tibetans and transform the environment.
(I) Cambodia, Laos, Thailand, and Vietnam are
members of the Mekong River Commission, which promotes
sustainable management and development of water and
related resources among member nations.
(J) The People's Republic of China is not a full
party to the Mekong River Commission.
(K) The People's Republic of China has
approximately 20 percent of the world's population but
only around 7 percent of the world's water supply, with
India and the rest of South and Southeast Asia also
relying on the rivers flowing from the Himalayas of the
Tibetan Plateau.
(L) The People's Republic of China has already
completed water transfer programs diverting billions of
cubic meters of water yearly and there are plans to
divert more waters from the Tibetan plateau in the
People's Republic of China.
(2) Water resources in tibet and the tibetan watershed.--
The Secretary of State, in coordination with relevant agencies
of the United States Government, shall--
(A) pursue efforts to monitor the environment on
the Tibetan Plateau, including glacial retreat,
temperature rise, and carbon levels, in order to
promote a greater understanding of the effects on
permafrost, river flows, grasslands and
desertification, and the monsoon cycle;
(B) engage with the Government of China, the
Central Tibetan Administration, and nongovernmental
organizations to encourage the participation of Tibetan
nomads and other Tibetan stakeholders in the
development and implementation of grassland management
policies, in order to utilize their indigenous
experience in mitigation and stewardship of the land,
and to assess policies on the forced resettlement of
nomads; and
(C) encourage a regional framework on water
security or use existing frameworks, such as the Lower
Mekong Initiative, to facilitate cooperative agreements
among all riparian nations that would promote
transparency, sharing of information, pollution
regulation, and arrangements on impounding and
diversion of waters that originate on the Tibetan
Plateau.
(3) Tibetan water resources and national security.--Section
1202(b) of the National Defense Authorization Act of 2000
(Public Law 106-65; 10 U.S.C. 113 note) is amended by adding at
the end the following:
``(29) Tibet's strategic importance and the strategic
importance of water resources from the Tibetan Plateau in
regional and territorial disputes.''.
(e) Democracy in the Tibetan Exile Community.--
(1) Findings.--Congress makes the following findings:
(A) The 14th Dalai Lama has overseen a process of
democratization within the Tibetan policy, beginning in
Tibet in the 1950s and continuing in exile from the
1960s to the present.
(B) The first representative body in Tibetan
history, formed on September 2, 1960, was the precursor
of the Tibetan Parliament-in-Exile, the legislative
branch within the Central Tibetan Administration.
(C) The first direct election for the chief
executive of the Central Tibetan Administration was
held on July 29, 2001, with the election of Professor
Samdhong Rinpoche.
(D) On March 10, 2011, the 14th Dalai Lama
announced that he would relinquish his political
responsibilities and on August 8, 2011, he transferred
full political power to the elected leadership of the
Central Tibetan Administration.
(E) On March 20, 2011, members of the Tibetan exile
community across some 30 countries held elections,
monitored by international observers and assessed to be
free and fair, to select the next parliament and chief
executive.
(F) As a result of the codification of the transfer
of political power from the Dalai Lama, the Kalon
Tripa, or Chief of the Cabinet, assumed full executive
authority and the Tibetan Parliament-in-Exile assumed
full legislative authority within the Central Tibetan
Administration.
(G) As a result of the 2011 elections, the 15th
Tibetan Parliament was seated and Lobsang Sangay was
chosen as Kalon Tripa, a title changed to Sikyong in
2012.
(H) Approximately 6,000,000 Tibetans in Tibet do
not enjoy a democratic form of government or the
ability to elect their political representatives.
(I) Section 355 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (Public
Law 102-138; 105 Stat 713), expressed the sense of
Congress that Tibet's true representatives are the
Dalai Lama and the Tibetan government-in-exile as
recognized by the Tibetan people and that Tibet has
maintained throughout its history a distinctive and
sovereign national, cultural, and religious identity
separate from that of China and, except during periods
of illegal Chinese occupation, has maintained a
separate and sovereign political and territorial
identity.
(J) The Middle Way Approach, the official policy of
the Central Tibetan Administration, seeks genuine
autonomy for the 6,000,000 Tibetans in Tibet.
(2) Sense of congress.--It is the sense of Congress that--
(A) Tibetan exile communities around the world
should be commended for the successful adoption of a
system of self-governance with democratic institutions
and free elections to choose their leaders;
(B) the Dalai Lama should be commended for his
decision to transfer political authority to elected
leaders in accordance with democratic principles;
(C) the Central Tibetan Administration legitimately
represents and reflects the aspirations of Tibetan
people around the world, and the Sikyong is the
President of the Central Tibetan Administration;
(D) consistent with section 621(d)(3) of the
Tibetan Policy Act of 2002 (22 U.S.C. 6901 note), the
United States Special Coordinator for Tibetan Issues
should continue to maintain close contact with the
religious, cultural, and elected leaders of the Tibetan
people; and
(E) the adoption of democracy within the Tibetan
exile community can serve as an example to other
exiled, subnational, or nonsovereign communities around
the world.
(f) Sustainability in Tibetan Communities Seeking To Preserve Their
Culture, Religion, and Language.--
(1) Findings.--Congress makes the following findings:
(A) Following the flight into exile of the Dalai
Lama and tens of thousands of fellow Tibetans, the
Government of India graciously granted land on which
the Tibetan refugees could settle.
(B) Under the leadership of the Dalai Lama, Tibetan
refugees established settlements in Indian, Nepalese,
and Bhutanese monastic, cultural, and educational
institutions for the purpose of preserving their
religion, culture, and language until the time that
they could return to Tibet.
(C) Many of the Tibetan settlements are more than
50 years old, with aging infrastructure, challenging
the capacity to absorb new refugees and provide modern
services and gainful employment.
(D) The threats to Tibetan culture, religion, and
language in the People's Republic of China justify
support for efforts by Tibetans outside China to
preserve their heritage.
(E) Many long-staying Tibetans in Nepal have not
received documentation that would provide legal
resident status and allow them fuller access to
educational opportunities and sustainable participation
in the economy and society of Nepal.
(F) It is United States policy to promote the human
rights of the Tibetan people and the preservation of
the distinct Tibetan cultural, religious, and
linguistic heritage.
(G) The Dalai Lama has said that the Central
Tibetan Administration will cease to exist once a
negotiated settlement has been achieved that allows
Tibetans to freely enjoy their culture, religion, and
language in Tibet.
(2) Development assistance.--Of the amount authorized to be
appropriated for development assistance for fiscal year 2020,
such sums as may be necessary are authorized to be available to
support the preservation of Tibetan cultural, religious, and
linguistic heritage, as well as the education, skills
development, and entrepreneurship of Tibetans residing in
settlements in South Asia, subject to review and approval of
the United States Special Coordinator for Tibetan Issues.
(3) Tibetans in nepal.--The Secretary of State shall urge
the Government of Nepal to provide legal documentation to long-
staying Tibetan residents in Nepal who fled a credible threat
of persecution in Tibet, in order to allow them to more fully
participate in the economy and society of Nepal.
(4) Sense of congress.--It is the sense of Congress that
the Office of Tibet in Washington, DC, is the representative
office in the United States of the Dalai Lama and the Central
Tibetan Administration.
(5) Sunset.--This section shall terminate on the date that
is one year after the date on which the Secretary of State
certifies to Congress that a negotiated settlement between the
Government of China and the Dalai Lama or his representatives
or Central Tibetan Administration representatives on Tibet has
been concluded.
(g) Authorization of Appropriations.--
(1) Office of the united states special coordinator for
tibetan issues.--Of the amounts authorized to be appropriated
to the Department of State for administration of foreign
affairs, not less than $1,000,000 is authorized to be
appropriated for fiscal year 2021 and each subsequent fiscal
year for the Office of the United States Special Coordinator
for Tibetan Issues.
(2) Tibetan scholarship program and ``ngwang choepel
exchange programs''.--Of the amounts authorized to be
appropriated for educational and cultural exchange programs for
fiscal year 2021 and each subsequent fiscal year--
(A) not less than $750,000 is authorized to be
appropriated to carry out the Tibetan scholarship
program established under section 103(b)(1) of the
Human Rights, Refugee, and Other Foreign Relations
Provisions Act of 1996 (Public Law 104-319; 110 Stat.
3865); and
(B) not less than $650,000 is authorized to be
appropriated to carry out the ``Ngwang Choepel Exchange
Programs'' (formerly known as ``programs of educational
and cultural exchange between the United States and the
people of Tibet'') under section 103(a) of the Human
Rights, Refugee, and Other Foreign Relations Provisions
Act of 1996.
(3) Humanitarian assistance to tibetan refugees in south
asia.--Of the amounts authorized to be appropriated for
migration and refugee assistance for fiscal year 2021 and each
subsequent fiscal year, such sums as may be necessary are
authorized to be appropriated for humanitarian assistance,
including food, medicine, clothing, and medical and vocational
training, to Tibetan refugees in South Asia who have fled
facing a credible threat of persecution in the People's
Republic of China.
(4) Development assistance.--Of the funds appropriated
under the heading ``Economic Support Fund'' for fiscal year
2021 and each subsequent fiscal year, not less than $6,000,000
is authorized for programs to promote and preserve Tibetan
culture and language both in the refugee and diaspora Tibetan
communities, development, and the resilience of Tibetan
communities and the Central Tibetan Administration in India and
Nepal, and to assist in the education and development of the
next generation of Tibetan leaders from such communities.
(5) Tibetan governance.--Of the funds appropriated under
the heading ``Economic Support Fund'' for fiscal year 2021 and
each subsequent fiscal year, not less than $3,000,000 is
authorized for programs to strengthen the capacity of Central
Tibetan Administration institutions and strengthen democracy,
governance, information and international outreach, and
research.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS FOR PROMOTION OF DEMOCRACY IN
HONG KONG.
(a) Authorization of Appropriations.--There is authorized to be
appropriated $50,000,000 for fiscal year 2021 for the Bureau of
Democracy, Human Rights, and Labor of the Department of State to
promote democracy in Hong Kong.
(b) Administration.--The Secretary of State shall designate an
office with the Department of State to administer and coordinate the
provision of such funds described in subsection (a) within the
Department of State and across the United States Government.
SEC. 304. HONG KONG SPECIAL IMMIGRANT VISA ACCESS AND CIVIL SOCIETY
SUPPORT.
(a) Designation of Certain Residents of Hong Kong as Priority 2
Refugees.--
(1) In general.--The Secretary of State, in consultation
with the Secretary of Homeland Security, shall designate, as
Priority 2 refugees of special humanitarian concern--
(A) individuals who are residents of the Hong Kong
Special Administrative Region who suffered persecution
or have a well-founded fear of persecution on account
of their peaceful expression of political opinions or
peaceful participation in political activities or
associations;
(B) individuals who have been charged, detained, or
convicted on account of their peaceful actions (as
described in section 206(b)(2) of the United States-
Hong Kong Policy Act of 1992 (22 U.S.C. 5726(b)(2));
and
(C) the spouses, children, and parents (as such
terms are defined in subsections (a) and (b) of section
101 of the Immigration and Nationality Act (8 U.S.C.
1101)) of individuals described in subparagraph (A) or
(B).
(2) Processing of hong kong refugees.--The processing of
individuals described in paragraph (1) for classification as
refugees may occur in Hong Kong or in a third country.
(3) Eligibility for admission as refugees.--An alien may
not be denied the opportunity to apply for admission as a
refugee under this section because such alien--
(A) qualifies as an immediate relative of a citizen
of the United States; or
(B) is eligible for admission to the United States
under any other immigrant classification.
(4) Facilitation of admissions.--An applicant for admission
to the United States from the Hong Kong Special Administrative
Region may not be denied solely on the basis of a politically
motivated arrest, detention, or other adverse government action
taken against such applicant as a result of the participation
by such applicant in protest activities.
(5) Exclusion from numerical limitations.--Aliens provided
refugee status under this subsection shall not be counted
against any numerical limitation under section 201, 202, 203,
or 207 of the Immigration and Nationality Act (8 U.S.C. 1151,
1152, 1153, and 1157).
(6) Reporting requirements.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, and every 90 days
thereafter, the Secretary of State and the Secretary of
Homeland Security shall submit a report on the matters
described in subparagraph (B) to--
(i) the Committee on the Judiciary of the
Senate;
(ii) the Committee on Foreign Relations of
the Senate;
(iii) the Select Committee on Intelligence
of the Senate;
(iv) the Committee on the Judiciary of the
House of Representatives;
(v) the Committee on Foreign Affairs of the
House of Representatives; and
(vi) the Permanent Select Committee on
Intelligence of the House of Representatives.
(B) Matters to be included.--Each report required
under subparagraph (A) shall include--
(i) of the applications pending at the end
of the reporting period, the number of
applications in which--
(I) eligibility for the Priority 2
refugee program has been confirmed;
(II) a prescreening interview with
a resettlement support center has been
completed;
(III) an interview with U.S.
Citizenship and Immigration Services
has been completed;
(IV) the required security checks
have been completed; or
(V) final adjudication has been
made;
(ii) the average wait-times for all pending
applications until--
(I) eligibility for the Priority 2
refugee program is confirmed;
(II) a prescreening interview with
a resettlement support center is
completed;
(III) an interview with U.S.
Citizenship and Immigration Services is
completed;
(IV) the required security checks
are completed; and
(V) final adjudication is made;
(iii) the number of denials of applications
for refugee status, disaggregated by the reason
for each such denial; and
(iv) the circuit rides--
(I) completed in the prior quarter,
listed by date, location, and number of
interviews completed; and
(II) planned for the upcoming 2
quarters, listed by anticipated date,
location, and number of interviews to
be completed.
(C) Form.--Each report required under subparagraph
(A) shall be submitted in unclassified form, but may
include a classified annex.
(D) Public reports.--Not later than 7 days after
the submission of each report under this paragraph, the
Secretary of State shall make the report available to
the public on the website of the Department of State.
(7) Satisfaction of other requirements.--Aliens granted
status under this subsection as Priority 2 refugees of special
humanitarian concern under the refugee resettlement priority
system shall be considered to satisfy the requirements under
section 207 of the Immigration and Nationality Act (8 U.S.C.
1157) for admission to the United States.
(b) Waiver of Immigrant Status Presumption.--
(1) In general.--The presumption under the first sentence
of section 214(b) of the Immigration and Nationality Act (8
U.S.C. 1184(b)) that every alien is an immigrant until the
alien establishes that the alien is entitled to nonimmigrant
status shall not apply to an alien described in paragraph (2).
(2) Alien described.--An alien described in this paragraph
is an alien who--
(A) was a resident of the Hong Kong Special
Administrative Region as of June 18, 2020;
(B) is seeking entry to the United States to apply
for asylum under section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158); and
(C)(i) had a leadership role in civil society
organizations supportive of the protests in 2019 and
2020 relating to the Hong Kong extradition bill and the
encroachment on the autonomy of Hong Kong by the
People's Republic of China;
(ii) had an organizing role for such protests;
(iii) acted as a first aid responder for such
protests;
(iv) suffered harm while covering such protests as
a journalist;
(v) provided paid or pro bono legal services to 1
or more individuals arrested for participating in such
protests; or
(vi) during the 1-year period beginning on June 9,
2019, was formally charged, detained, or convicted for
his or her participation in such protests.
(c) Refugee and Asylum Determinations Under the Immigration and
Nationality Act.--
(1) Persecution on account of political opinion.--
(A) In general.--For purposes of refugee
determinations under this section in accordance with
section 207 of the Immigration and Nationality Act (8
U.S.C. 1157), an individual whose citizenship,
nationality, or residency is revoked for having
submitted to any United States Government agency a
nonfrivolous application for refugee status, asylum, or
any other immigration benefit under the immigration
laws (as defined in section 101(a) of such Act (8
U.S.C. 1101(a)) shall be considered to have suffered
persecution on account of political opinion.
(B) Nationals of the people's republic of china.--
For purposes of refugee determinations under this
section in accordance with section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157), a
national of the People's Republic of China whose
residency in the Hong Kong Special Administrative
region, or any other area within the jurisdiction of
the People's Republic of China, as determined by the
Secretary of State, is revoked for having submitted to
any United States Government agency a nonfrivolous
application for refugee status, asylum, or any other
immigration benefit under the immigration laws shall be
considered to have suffered persecution on account of
political opinion.
(2) Changed circumstances.--For purposes of asylum
determinations under this section in accordance with section
208 of the Immigration and Nationality Act (8 U.S.C. 1158), the
revocation of the citizenship, nationality, or residency of an
individual for having submitted to any United States Government
agency a nonfrivolous application for refugee status, asylum,
or any other immigration benefit under the immigration laws
shall be considered to be a changed circumstance under
subsection (a)(2)(D) of such section.
(d) Statement of Policy on Encouraging Allies and Partners To Make
Similar Accommodations.--It is the policy of the United States to
encourage allies and partners of the United States to make
accommodations similar to the accommodations made under this section
for residents of the Hong Kong Special Administrative Region who are
fleeing oppression by the Government of China.
(e) Termination.--This section shall cease to have effect on the
date that is 5 years after the date of the enactment of this Act.
SEC. 305. UYGHUR SPECIAL IMMIGRANT VISA ACCESS AND CIVIL SOCIETY
SUPPORT FOR GROUPS IN THE XINJIANG UYGHUR AUTONOMOUS
REGION.
(a) Designation of Certain Residents of Xinjiang as Priority 2
Refugees.--
(1) In general.--The Secretary of State, in consultation
with the Secretary of Homeland Security, shall designate, as
Priority 2 refugees of special humanitarian concern--
(A) Uyghurs, ethnic Kazakhs, Kyrgyz, and members of
other Muslim minority groups in the Xinjiang Uyghur
Autonomous Region who have been arbitrarily detained in
internment camps, suffered persecution, or have a well-
founded fear of persecution on account of their
ethnicity or religious beliefs;
(B) the spouses, children, and parents (as such
terms are defined in subsections (a) and (b) of section
101 of the Immigration and Nationality Act (8 U.S.C.
1101)) of individuals described in subparagraph (A).
(2) Processing of xinjiang refugees.--The processing of
individuals described in paragraph (1) for classification as
refugees may occur in Hong Kong or in another country.
(3) Eligibility for admission as refugees.--An alien may
not be denied the opportunity to apply for admission as a
refugee under this section because such alien--
(A) qualifies as an immediate relative of a citizen
of the United States; or
(B) is eligible for admission to the United States
under any other immigrant classification.
(4) Facilitation of admissions.--An applicant for admission
to the United States from the Xinjiang Uyghur Autonomous Region
may not be denied primarily on the basis of an arbitrary
arrest, detention, or other adverse government action taken
against such applicant as a result of his or her ethnicity or
religious beliefs.
(5) Exclusion from numerical limitations.--Aliens provided
refugee status under this section shall not be counted against
any numerical limitation under section 201, 202, 203, or 207 of
the Immigration and Nationality Act (8 U.S.C. 1151, 1152, 1153,
and 1157).
(6) Reporting requirements.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, and every 90 days
thereafter, the Secretary of State and the Secretary of
Homeland Security shall submit a report on the matters
described in subparagraph (B) to--
(i) the Committee on the Judiciary of the
Senate;
(ii) the Committee on Foreign Relations of
the Senate;
(iii) the Select Committee on Intelligence
of the Senate;
(iv) the Committee on the Judiciary of the
House of Representatives;
(v) the Committee on Foreign Affairs of the
House of Representatives; and
(vi) the Permanent Select Committee on
Intelligence of the House of Representatives.
(B) Matters to be included.--Each report required
under subparagraph (A) shall include--
(i) of the applications pending at the end
of the reporting period, the number of
applications in which--
(I) eligibility for the Priority 2
refugee program has been confirmed;
(II) a prescreening interview with
a resettlement support center has been
completed;
(III) an interview with U.S.
Citizenship and Immigration Services
has been completed;
(IV) the required security checks
have been completed; or
(V) final adjudication has been
made;
(ii) the average wait-times for all pending
applications until--
(I) eligibility for the Priority 2
refugee program is confirmed;
(II) a prescreening interview with
a resettlement support center is
completed;
(III) an interview with U.S.
Citizenship and Immigration Services is
completed;
(IV) the required security checks
are completed; and
(V) final adjudication is made;
(iii) the number of denials of applications
for refugee status, disaggregated by the reason
for each such denial; and
(iv) the circuit rides--
(I) completed in the prior quarter,
listed by date, location, and number of
interviews completed; and
(II) planned for the upcoming 2
quarters, listed by anticipated date,
location, and number of interviews to
be completed.
(C) Form.--Each report required under subparagraph
(A) shall be submitted in unclassified form, but may
include a classified annex.
(D) Public reports.--Not later than 7 days after
the submission of each report under this paragraph, the
Secretary of State shall make the report available to
the public on the internet website of the Department of
State.
(7) Satisfaction of other requirements.--Aliens granted
status under this subsection as Priority 2 refugees of special
humanitarian concern under the refugee resettlement priority
system shall be considered to satisfy the requirements under
section 207 of the Immigration and Nationality Act (8 U.S.C.
1157) for admission to the United States.
(b) Waiver of Immigrant Status Presumption.--
(1) In general.--The presumption under the first sentence
of section 214(b) (8 U.S.C. 1184(b)) that every alien is an
immigrant until the alien establishes that the alien is
entitled to nonimmigrant status shall not apply to an alien
described in paragraph (2).
(2) Alien described.--An alien described in this paragraph
is an alien who--
(A) was a resident of the Xinjiang Uyghur
Autonomous Region as of August 11, 2020;
(B) is seeking entry to the United States to apply
for asylum under section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158); and
(C)(i) was arbitrarily detained or imprisoned in an
internment camp in Xinjiang;
(ii) suffered harm while covering the situation in
Xinjiang as a journalist; or
(iii) provided paid or pro bono legal services to 1
or more individuals arrested or detained in Xinjiang.
(c) Refugee and Asylum Determinations Under the Immigration and
Nationality Act.--
(1) Persecution on account of political opinion.--
(A) In general.--For purposes of refugee
determinations under this section in accordance with
section 207 of the Immigration and Nationality Act (8
U.S.C. 1157), an individual whose citizenship,
nationality, or residency is revoked for having
submitted to any United States Government agency a
nonfrivolous application for refugee status, asylum, or
any other immigration benefit under the immigration
laws (as defined in section 101(a) of such Act (8
U.S.C. 1101(a)) shall be considered to have suffered
persecution on account of political opinion.
(B) Nationals of the people's republic of china.--
For purposes of refugee determinations under this
section in accordance with section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157), a
national of the People's Republic of China whose
residency in the Xinjiang Uyghur Autonomous region, or
any other area within the jurisdiction of the People's
Republic of China, as determined by the Secretary of
State, is revoked for having submitted to any United
States Government agency a nonfrivolous application for
refugee status, asylum, or any other immigration
benefit under the immigration laws shall be considered
to have suffered persecution on account of political
opinion.
(2) Changed circumstances.--For purposes of asylum
determinations under this section in accordance with section
208 of the Immigration and Nationality Act (8 U.S.C. 1158), the
revocation of the citizenship, nationality, or residency of an
individual for having submitted to any United States Government
agency a nonfrivolous application for refugee status, asylum,
or any other immigration benefit under the immigration laws
shall be considered to be a changed circumstance under
subsection (a)(2)(D) of such section.
(d) Statement of Policy on Encouraging Allies and Partners To Make
Similar Accommodations.--It is the policy of the United States to
encourage allies and partners of the United States to make
accommodations similar to the accommodations made under this section
for residents of the Xinjiang Uyghur Autonomous Region who are fleeing
oppression by the Government of China.
(e) Termination.--This section shall cease to have effect on the
date that is 5 years after the date of the enactment of this Act.
SEC. 306. IMPOSITION OF SANCTIONS RELATING TO FORCED LABOR.
(a) Findings.--Congress makes the following findings:
(1) The Government of China continues to use forced labor
in prisons and has established a system of extrajudicial mass
internment camps arbitrarily detaining as many as 1,800,000
Uyghurs, Kazakhs, Kyrgyz, and members of other Muslim minority
groups in the Xinjiang Uyghur Autonomous Region, who have been
subjected to forced labor and severe human rights abuses.
(2) More than 80,000 Uyghurs were transferred out of
Xinjiang to work in factories across the People's Republic of
China between 2017 and 2019, and some of them were sent
directly from detention camps, according to public reports.
(3) Based on International Labour Organization indicators
of forced labor, Uyghur workers are subject to intimidation and
threats, are placed in positions of dependency and
vulnerability, face severe movement restrictions, are isolated,
face abusive working conditions, and work excessive hours.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and not less frequently than
annually thereafter, the President shall submit to the
appropriate congressional committees a report that identifies--
(A) each foreign person, including any official of
the Government of China, that the President
determines--
(i) knowingly, on or after such date of
enactment, engages in, is responsible for, or
facilitates forced labor in the People's
Republic of China, including by Uyghurs,
Kazakhs, Kyrgyz, and members of other Muslim
minority groups from the Xinjiang Uyghur
Autonomous Region and other regions of the
People's Republic of China; or
(ii) knowingly, on or after such date of
enactment, engages in, contributes to, assists,
or provides financial, material, or
technological support for, the importation into
the United States of goods produced with forced
labor in the People's Republic of China;
(B) each Chinese entity that, on or after such date
of enactment--
(i) directly or indirectly uses forced
labor in the People's Republic of China,
including in the Xinjiang Uyghur Autonomous
Region; or
(ii) acts as an agent of an entity
described in clause (i) to import goods into
the United States;
(C) goods made wholly or in part by forced labor in
the People's Republic of China, including in the
Xinjiang Uyghur Autonomous Region; and
(D) each person that, on or after such date of
enactment, sells such goods in the United States.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(c) Imposition of Sanctions.--The President shall impose the
following sanctions with respect to each foreign person identified
under subsection (b)(1):
(1) Asset blocking.--The President shall exercise all of
the powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in
property and interests in property of the foreign person if
such property and interests in property are in the United
States, come within the United States, or are or come within
the possession or control of a United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien
described in subsection (b)(1) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien described in
subsection (b)(1) is subject to revocation of
any visa or other entry documentation
regardless of when the visa or other entry
documentation is or was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the alien's possession.
(d) Designation of Additional Entities for Imposition of
Sanctions.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that includes the
following:
(A) A determination with respect to whether
reasonable grounds exist to issue a withhold release
order pursuant to section 307 of the Tariff Act of 1930
(19 U.S.C. 1307) for each of the following:
(i) Yili Zhou Wan Garment Manufacturing
Company.
(ii) Zhihui Haipai Internet of Things
Technology Company.
(iii) Urumqi Shengshi Hua'er Culture
Technology Limited Company.
(iv) Litai Textiles, Huafu Fashion Company.
(v) Esquel Group headquartered in Hong
Kong.
(vi) Cofco Tunhe Company.
(B) If the President determines under subparagraph
(A) that reasonable grounds do not exist to issue a
withhold release order with respect to an entity
specified in that subparagraph, an explanation of the
reasons for that determination.
(2) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form but may include a
classified annex.
(e) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to the extent necessary to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (c)(1) or any regulation, license, or order issued
to carry out that subsection shall be subject to the penalties
set forth in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) to
the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(f) Waiver.--The President may waive the application of sanctions
under this section with respect to a person if the President determines
and certifies to the appropriate congressional committees that such a
waiver is in the national interest of the United States.
(g) Exception Relating to Importation of Goods.--
(1) In general.--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 goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or manmade substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(h) Definitions.--In this section:
(1) Chinese entity.--The term ``Chinese entity'' means an
entity organized under the laws of or otherwise subject to the
jurisdiction of the People's Republic of China.
(2) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization.
(3) Forced labor.--The term ``forced labor'' has the
meaning given that term in section 307 of the Tariff Act of
1930 (19 U.S.C. 1307).
(4) Foreign person.--The term ``foreign person'' means any
person that is not a United States person.
(5) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(6) Person.--The term ``person'' means an individual or
entity.
(7) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 307. INVESTIGATIONS OF ALLEGATIONS OF GOODS PRODUCED WITH FORCED
LABOR.
Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) is amended--
(1) by striking ``All'' and inserting the following:
``(a) In General.--All'';
(2) by striking ```Forced labor', as herein used,'' and
inserting the following:
``(c) Forced Labor Defined.--In this section, the term `forced
labor'''; and
(3) by inserting after subsection (a), as designated by
paragraph (1), the following:
``(b) Forced Labor Division.--
``(1) In general.--There is established in the Office of
Trade of U.S. Customs and Border Protection a Forced Labor
Division, which shall--
``(A) receive and investigate allegations of goods,
wares, articles, or merchandise mined, produced, or
manufactured using forced labor; and
``(B) coordinate with other agencies to enforce the
prohibition under subsection (a).
``(2) Prioritization of investigations.--In prioritizing
investigations under paragraph (1)(A), the Forced Labor
Division shall--
``(A) consult closely with the Bureau of
International Labor Affairs of the Department of Labor
and the Office to Monitor and Combat Trafficking in
Persons of the Department of State; and
``(B) take into account--
``(i) the complicity of--
``(I) the government of the foreign
county in which the instance of forced
labor is alleged to have occurred; and
``(II) the government of any other
country that has facilitated the use of
forced labor in the country described
in subclause (I);
``(ii) the ranking of the governments
described in clause (i) in the most recent
report on trafficking in persons required by
section 110(b)(1) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b)(1));
``(iii) whether the good involved in the
alleged instance of forced labor is included in
the most recent list of goods produced by child
labor or forced labor required by section
105(b)(1)(2)(C) of the Trafficking Victims
Protection Reauthorization Act of 2005 (22
U.S.C. 7112(b)(2)(C)); and
``(iv) the effect taking action with
respect to the alleged instance of forced labor
would have in eradicating forced labor from the
supply chain of the United States.''.
SEC. 308. RESTRICTIONS ON EXPORT, REEXPORT, AND IN-COUNTRY TRANSFERS OF
CERTAIN ITEMS THAT PROVIDE A CRITICAL CAPABILITY TO THE
GOVERNMENT OF CHINA TO SUPPRESS INDIVIDUAL PRIVACY,
FREEDOM, AND OTHER BASIC HUMAN RIGHTS.
(a) Definitions.--In this section:
(1) Commerce control list.--The term ``Commerce Control
List'' means the list set forth in Supplement No. 1 to part 774
of the Export Administration Regulations under subchapter C of
chapter VII of title 15, Code of Federal Regulations.
(2) Export; in-country transfer; item; reexport.--The terms
``export'', ``in-country transfer'', ``item'', and ``reexport''
have the meaning given such terms in section 1742 of the Export
Control Reform Act of 2018 (50 U.S.C. 4801).
(b) List of Covered Items.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, and as appropriate thereafter, the
President shall--
(A) identify any items that provide a critical
capability to the Government of China, or any person
acting on behalf of such government, to suppress
individual privacy, freedom of movement, and other
basic human rights, specifically through--
(i) surveillance, interception, and
restriction of communications;
(ii) monitoring of individual location or
movement or restricting individual movement;
(iii) monitoring or restricting access to
and use of the internet;
(iv) monitoring or restricting use of
social media;
(v) identification of individuals through
facial recognition, voice recognition, or
biometric indicators;
(vi) detention of individuals who are
exercising basic human rights; and
(vii) forced labor in manufacturing; and
(B) pursuant to the Export Control Reform Act of
2018 (50 U.S.C. 4801 et seq.), include items identified
pursuant to subparagraph (A) on the Commerce Control
List in a category separate from other items, as
appropriate, on the Commerce Control List.
(2) Support and cooperation.--Upon request, the head of a
Federal agency shall provide full support and cooperation to
the President in carrying out this subsection.
(3) Consultation.--In carrying out this subsection, the
President shall consult with the relevant technical advisory
committees of the Department of Commerce to ensure that the
composition of items identified under paragraph (1)(A) and
included on the Commerce Control List does not unnecessarily
restrict commerce between the United States and the People's
Republic of China, consistent with the purposes of this
subsection.
(c) Special License; Other Authorizations.--
(1) In general.--Beginning not later than 180 days after
the date of the enactment of this Act, the President shall,
pursuant to the Export Control Reform Act of 2018 (50 U.S.C.
4801 et seq.), require a license or other authorization for the
export, reexport, or in-country transfer to or within the
People's Republic of China of an item identified pursuant to
subsection (b)(1)(A) and included on the Commerce Control List.
(2) Presumption of denial.--An application for a license or
other authorization described in paragraph (1) shall be subject
to a presumption of denial.
(3) Public notice and comment.--The President shall provide
for notice and an opportunity for public comment, in accordance
with section 553 of title 5, United States Code, with respect
to action necessary to carry out this subsection.
(d) International Coordination and Multilateral Controls.--It shall
be the policy of the United States to seek to harmonize United States
export control regulations with international export control regimes
with respect to the items identified pursuant to subsection (b)(1)(A),
including through the Wassenaar Arrangement on Export Controls for
Conventional Arms and Dual-Use Goods and Technologies, done at The
Hague December 1995, and other bilateral and multilateral mechanisms
involving countries that export such items.
(e) Termination of Suspension of Certain Other Programs and
Activities.--Section 902(b)(1) of the Foreign Relations Authorization
Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 22 U.S.C. 2151
note) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``and Xinjiang Uyghur Autonomous Region'' after ``Tibet'';
(2) in subparagraph (D), by striking ``and'' at the end;
(3) in subparagraph (E), by striking ``or'' after the
semicolon and inserting ``and''; and
(4) by adding the following:
``(F) the ending of mass internment of ethnic
Uyghurs and other Turkic Muslims in the Xinjiang Uyghur
Autonomous Region, including the intrusive system of
high-tech surveillance and policing in the region;
or''.
SEC. 309. REPORT ON USE AND APPLICABILITY OF SANCTIONS TO CHINESE
OFFICIALS COMPLICIT IN HUMAN RIGHTS VIOLATIONS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of the Treasury, shall submit to the appropriate
congressional committees a report on the use and applicability of
sanctions, including financial sanctions and the denial of visas to
enter the United States, with respect to officials of the Government of
China complicit in human rights violations, including severe religious
freedom restrictions and human trafficking.
(b) Elements.--The report required by subsection (a) shall
include--
(1) a list of all relevant authorities under statutes or
Executive orders for imposing sanctions described in subsection
(a);
(2) an assessment of where, if at all, such authorities may
conflict, overlap, or otherwise require clarification;
(3) a list of all instances in which designations for the
imposition of sanctions described in subsection (a) were made
during the one-year period preceding submission of the report;
and
(4) an assessment of the effectiveness of those
designations in changing desired behavior and recommendations
for increasing the effectiveness of such designations.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified annex.
SEC. 310. RECIPROCITY FOR MEDIA ORGANIZATIONS.
(a) Statement of Policy.--It shall be the policy of the United
States to insist that the People's Republic of China afford
representatives of United States media seeking entry into the People's
Republic of China the same treatment afforded representatives of
Chinese media seeking entry into the United States.
(b) Annual Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Homeland Security shall submit to the appropriate
committees of Congress a report on foreign information media
visa applications submitted by nationals of the People's
Republic of China.
(2) Elements.--Each report required by paragraph (1) shall
include the following for the preceding calendar year:
(A) The number of such visa applications received.
(B) The number of such applications granted,
disaggregated by visa category.
(C) The name and information regarding the
ownership of the news organization sponsoring each such
application.
(3) Appropriate committees of congress defined.--In this
section, the term ``appropriate committees of Congress''
means--
(A) the Committee on Foreign Relations and the
Committee on the Judiciary of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on the Judiciary of the House of
Representatives.
SEC. 311. REPORT ON CORRUPT ACTIVITIES OF SENIOR OFFICIALS OF
GOVERNMENT OF CHINA.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Finance,
and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Ways and Means, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(b) Annual Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter through
2025, the Director of the Central Intelligence Agency, in
consultation with the Secretary of State, shall submit to the
appropriate committees of Congress a report on the corruption
and corrupt activities of senior officials of the Government of
China.
(2) Elements.--
(A) In general.--Each report under paragraph (1)
shall include the following:
(i) A description of the wealth of, and
corruption and corrupt activities among, senior
officials of the Government of China.
(ii) A description of any recent actions of
the officials described in clause (i) that
could be considered a violation, or potential
violation, of United States law.
(iii) A description and assessment of
targeted financial measures, including
potential targets for designation of the
officials described in clause (i) for the
corruption and corrupt activities described in
that clause and for the actions described in
clause (ii).
(B) Scope of reports.--The first report under
paragraph (1) shall include comprehensive information
on the matters described in subparagraph (A). Any
succeeding report under paragraph (1) may consist of an
update or supplement to the preceding report under that
subsection.
(3) Coordination.--In preparing each report, update, or
supplement under this subsection, the Director of the Central
Intelligence Agency and the Secretary of State shall coordinate
as follows:
(A) In preparing the description required by clause
(i) of paragraph (2)(A), the Director of the Central
Intelligence Agency and the Secretary of State shall
coordinate with the head of the Office of Intelligence
and Analysis of the Department of Treasury and the
Director of the Federal Bureau of Investigation.
(B) In preparing the descriptions required by
clauses (ii) and (iii) of such paragraph, the Director
of the Central Intelligence Agency and the Secretary of
State shall coordinate with the head of the Office of
Intelligence and Analysis of the Department of the
Treasury.
(4) Form.--Each report under paragraph (1) shall include an
unclassified executive summary, and may include a classified
annex.
(c) Sense of Congress.--It is the sense of Congress that the United
States should undertake every effort and pursue every opportunity to
expose the corruption and illicit practices of senior officials of the
Government of China, including President Xi Jinping.
SEC. 312. REVIEW TO INCREASE AWARENESS OF INFLUENCE OPERATIONS OF THE
GOVERNMENT OF CHINA IN THE UNITED STATES AND
STRENGTHENING TRUST OF LAW ENFORCEMENT IN COMMUNITIES.
(a) Updates to Annual Reports on Influence Operations and Campaigns
in the United States by the Government of China.--Section 1107(b) of
the National Security Act of 1947 (50 U.S.C. 3237(b)) is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following:
``(8) An identification of influence activities and
operations, including the use of social media, employed by the
Chinese Communist Party against the United States science and
technology sectors, specifically employees of the United States
Government, researchers, scientists, and students in the
science and technology sector in the United States, including
specific examples and data that demonstrates the scope of such
activities and operations.''.
(b) Plan for Federal Bureau of Investigation To Increase Public
Awareness and Detection of Influence Activities by the Government of
the People's Republic of China.--
(1) Plan required.--Not later than 90 days after the date
of the enactment of this Act, the Director of the Federal
Bureau of Investigation shall submit to the congressional
intelligence committees a plan--
(A) to increase public awareness of influence
activities by the Government of the People's Republic
of China; and
(B) to publicize mechanisms that members of the
public can use--
(i) to detect such activities; and
(ii) to report such activities to the
Bureau.
(2) Consultation.--In carrying out paragraph (1), the
Director shall consult with the following:
(A) The Director of the Office of Science and
Technology Policy.
(B) Such other stakeholders outside the
intelligence community, including professional
associations, institutions of higher education, and
businesses, as the Director determines relevant.
(c) Recommendations of the Federal Bureau of Investigation To
Strengthen Relationships and Build Trust With Communities of
Interest.--
(1) In general.--The Director of the Federal Bureau of
Investigation shall, in consultation with the Assistant
Attorney General for the Civil Rights Division and the Chief
Privacy and Civil Liberties Officer of the Department of
Justice, develop recommendations to strengthen relationships
with communities targeted by influence activities of the
Government of the People's Republic of China, to protect due
process, civil rights, and civil liberties, and to build trust
with such communities through local and regional grassroots
outreach, drawing from lessons learned in the aftermath of
September 11, 2001, relating to Muslim, Arab, Sikh, and South
Asian communities.
(2) Submittal to congress.--Not later than 1 year after the
date of the enactment of this Act, the Director shall submit to
Congress the recommendations developed under paragraph (1).
(d) Technical Corrections.--The National Security Act of 1947 (50
U.S.C. 3001 et seq.) is amended--
(1) in section 1107 (50 U.S.C. 3237)--
(A) in the section heading, by striking ``communist
party of china'' and inserting ``chinese communist
party''; and
(B) by striking ``Communist Party of China'' both
places it appears and inserting ``Chinese Communist
Party''; and
(2) in the table of contents before section 2 (50 U.S.C.
3002), by striking the item relating to section 1107 and
inserting the following new item:
``Sec. 1107. Annual reports on influence operations and campaigns in
the United States by the Chinese Communist
Party.''.
SEC. 313. CONFRONTING ANTI-ASIAN RACISM IN THE UNITED STATES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) in the wake of the COVID-19 pandemic, the United States
has seen an alarming rise in the number of incidents of hate
crimes, harassment, and discrimination targeted at the Asian
American community;
(2) the United States should actively oppose racism and
intolerance in all its forms, including within the Government
of the United States, by refraining from using unofficial terms
for COVID-19 that exacerbate prejudice and discrimination, such
as ``Chinese virus'' and ``Wuhan virus''; and
(3) the United States is strongest when it lives up to its
guiding principles, including the embrace of equality and
diversity.
(b) Requirements for Federal Law Enforcement Agencies.--
(1) Definitions.--In this subsection:
(A) Federal law enforcement agency.--The term
``Federal law enforcement agency'' means any agency of
the United States authorized to engage in or supervise
the prevention, detection, investigation, or
prosecution of any violation of Federal criminal law.
(B) Racial profiling.--
(i) In general.--The term ``racial
profiling'' means the practice of a law
enforcement agent or agency relying, to any
degree, on actual or perceived race, ethnicity,
national origin, religion, gender, gender
identity, or sexual orientation in selecting
which individual to subject to routine or
spontaneous investigatory activities or in
deciding upon the scope and substance of law
enforcement activity following the initial
investigatory procedure, except when there is
trustworthy information, relevant to the
locality and timeframe, that links a person
with a particular characteristic described in
this paragraph to an identified criminal
incident or scheme.
(ii) Exception.--For purposes of clause
(i), a Tribal law enforcement officer
exercising law enforcement authority within
Indian country, as that term is defined in
section 1151 of title 18, United States Code,
is not considered to be racial profiling with
respect to making key jurisdictional
determinations that are necessarily tied to
reliance on actual or perceived race,
ethnicity, or tribal affiliation.
(2) Requirement to establish policies to eliminate and
prohibit racial profiling.--The head of each Federal law
enforcement agency shall--
(A) maintain adequate policies and procedures
designed to eliminate racial profiling; and
(B) cease any practices in effect on the date of
enactment of this Act that authorize racial profiling.
(3) Requirements.--The policies and procedures described in
paragraph (2)(A) shall include--
(A) a prohibition on racial profiling;
(B) training on racial profiling issues as part of
Federal law enforcement training;
(C) the collection of data in accordance with the
regulations issued by the Attorney General;
(D) procedures for receiving, investigating, and
responding meaningfully to complaints alleging racial
profiling by law enforcement agents; and
(E) any other policies and procedures the Attorney
General determines to be necessary to eliminate racial
profiling by Federal law enforcement agencies.
TITLE IV--INVESTING IN OUR ECONOMIC STATECRAFT
SEC. 401. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Finance,
the Committee on Health, Education, Labor, and Pensions, and
the Committee on Appropriations of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Ways and Means, the
Committee on Energy and Commerce, and the Committee on
Appropriations of the House of Representatives.
SEC. 402. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.
There are authorized to be appropriated to the Committee on Foreign
Investment in the United States Fund established under section 721(p)
of the Defense Production Act of 1950 (50 U.S.C. 4565(p)), the United
States Trade Representative, the Secretary of Commerce, the Secretary
of the Treasury, the Federal Trade Commission, and the Commissioner of
U.S. Customs and Border Protection such sums as may be necessary for
each such entity to carry out the responsibilities of the entity under
this title.
Subtitle A--Trade Enforcement
SEC. 411. AUTHORITY TO REVIEW INBOUND AND OUTBOUND INVESTMENT.
(a) In General.--The Trade Act of 1974 (19 U.S.C. 2102 et seq.) is
amended by adding at the end the following:
``TITLE X--AUTHORITY TO REVIEW INBOUND AND OUTBOUND INVESTMENT
``SEC. 1001. DEFINITIONS.
``In this title:
``(1) Committee.--The term `Committee' means the Committee
on Production Integrity in the United States established under
section 1002.
``(2) Control.--The term `control' means the power, whether
direct or indirect and whether or not exercised, to make
decisions or cause or direct decisions to be made with respect
to important matters affecting an entity, through--
``(A) the ownership of a majority or a dominant
minority of the total outstanding voting interest in
the entity;
``(B) representation on the board of directors of
the entity;
``(C) proxy voting on the board of directors of the
entity;
``(D) a special share in the entity;
``(E) a contractual arrangement with the entity;
``(F) a formal or informal arrangement to act in
concert with the entity; or
``(G) any other means.
``(3) Covered business.--The term `covered business'
means--
``(A) a publicly traded United States business
conducting business activities in nonmarket economy
countries or with state-owned enterprises through
direct investments, joint ventures, partnerships, or
substantial purchase or service contracts valued at
more than $100,000,000 per year in the aggregate; and
``(B) any other United States business that
produces or imports into the United States more than 5
percent of the total quantity of covered products sold
in the United States in a year.
``(4) Covered product.--The term `covered product' means a
supply identified by the Committee under section 1003(1)(A).
``(5) Crisis preparedness.--The term `crisis preparedness'
means preparedness for national crises, including public health
emergencies or natural disasters.
``(6) Nonmarket economy country.--The term `nonmarket
economy country' has the meaning given that term in section
771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)).
``(7) Publicly traded.--
``(A) In general.--The term `publicly traded', with
respect to an entity, means that the entity is an
issuer of securities that are listed on an exchange
registered under section 6 of the Securities Exchange
Act of 1934 (15 U.S.C. 78f).
``(B) Issuer; securities.--For purposes of
subparagraph (A), the terms `issuer' and `security'
have the meanings given those terms in section 3(a) of
the Securities Exchange Act of 1934 (15 U.S.C. 78c).
``(8) State-owned enterprise.--The term `state-owned
enterprise' means--
``(A) an entity that is owned by, controlled by, or
under the influence of, a national, provincial, or
local government in a foreign country or an agency of
such a government; or
``(B) an individual acting under the direction or
the influence of a government or agency described in
subparagraph (A).
``(9) United states business.--The term `United States
business' means a person engaged in interstate commerce in the
United States.
``SEC. 1002. COMMITTEE ON PRODUCTION INTEGRITY IN THE UNITED STATES.
``(a) Establishment.--There is established a committee, to be known
as the `Committee on Production Integrity in the United States'.
``(b) Membership.--The Committee shall be composed of the
following:
``(1) The United States Trade Representative, who shall
serve as the chairperson of the Committee.
``(2) The Secretary of Commerce.
``(3) The Secretary of Defense.
``(4) The Secretary of the Treasury.
``(5) The Secretary of Homeland Security.
``(6) The Secretary of State.
``(7) The Attorney General.
``(8) The Secretary of Energy.
``(9) The Secretary of Labor.
``(10) The Secretary of Health and Human Services.
``(11) The Secretary of Agriculture.
``(12) The Administrator of the Federal Emergency
Management Agency.
``(13) The Administrator of the Environmental Protection
Agency.
``(14) The heads of such other agencies as the United
States Trade Representative considers appropriate.
``(c) Duties.--The Committee shall--
``(1) conduct a review and issue a regular report on
domestic manufacturing and supply chain resilience in
accordance with section 1003;
``(2) review annual reports submitted by covered businesses
under section 1004;
``(3) review outbound investments related to nonmarket
economy countries or involving state-owned enterprises under
section 1005; and
``(4) review inbound investments for economic effect and
certain supply chain concerns under section 1006.
``SEC. 1003. REPORT ON DOMESTIC MANUFACTURING AND SUPPLY CHAIN
RESILIENCE FOR CRITICAL SUPPLIES.
``Not later than one year after the date of the enactment of this
title, and not less frequently than every 3 years thereafter, the
Committee shall submit to Congress a report--
``(1) identifying--
``(A) supplies critical to the crisis preparedness
of the United States, such as medical supplies,
personal protective equipment, disaster response
necessities, electrical generation technology,
materials essential to infrastructure repair and
renovation, and other supplies identified by the
Committee; and
``(B) industries that produce such supplies;
``(2) describing--
``(A) the current domestic manufacturing base and
supply chains for those supplies, including raw
materials and other goods essential to the production
of those supplies; and
``(B) the ability of the United States to maintain
readiness and to surge production of those supplies in
response to an emergency;
``(3) identifying defense, intelligence, homeland,
economic, natural, geopolitical, or other contingencies that
may disrupt, strain, compromise, or eliminate the supply chain
for those supplies;
``(4) assessing the resiliency and capacity of the domestic
manufacturing base and supply chains to support the need for
those supplies, including any single points of failure in those
supply chains;
``(5) assessing flexible manufacturing capacity available
in the United States in cases of emergency; and
``(6) making specific recommendations to improve the
security and resiliency of domestic manufacturing capacity and
supply chains, including the development of sector-based plans
for reshoring manufacturing and for supply chain optimization
designed to help manufacturers build domestic supply chains in
critical supplies by--
``(A) developing long-term strategies;
``(B) increasing visibility throughout multiple
supplier tiers;
``(C) identifying and mitigating risks;
``(D) identifying enterprise resource planning
systems that are compatible across supply chain tiers
and are affordable for small- and medium-sized
enterprises;
``(E) understanding the total cost of ownership,
total value contribution, and other best practices that
encourage strategic partnerships throughout the supply
chain;
``(F) understanding Federal procurement
opportunities to fulfill requirements for buying
domestically sourced goods and services and fill gaps
in domestic purchasing;
``(G) understanding how advanced digital
technology, including artificial intelligence,
robotics, 3D printing, and cloud computing, can improve
the security and resiliency of domestic manufacturing
capacity and supply chains; and
``(H) identifying such other services as the
Committee considers necessary.
``SEC. 1004. RESPONSIBLE INVESTMENT REPORTING REQUIREMENT.
``(a) Requirement for Reports.--
``(1) In general.--A covered business shall, not less
frequently than annually, submit to the Committee a report
that--
``(A) identifies--
``(i) patented technology and processes and
any other proprietary information of the
business that was sold or disclosed, during the
year preceding submission of the report, to
another entity in the course of business
activities in a nonmarket economy country or
with a state-owned enterprise;
``(ii) any instances of the forced transfer
of technology or related processes or
information or intellectual property theft or
suspected intellectual property theft, during
the year preceding submission of the report, in
the course of business activities in a
nonmarket economy country or related to a
state-owned enterprise; and
``(iii) corporate policies of and measures
taken by the business to avoid inadvertent
disclosure or theft of intellectual property or
the forced transfer of technology or related
processes or information;
``(B) identifies--
``(i) censorship required, directly or
indirectly, by the government of a nonmarket
economy country in which the business conducts
business activities or by a government that
owns, controls, or influences a state-owned
enterprise with which the business conducts
such activities, for the business to conduct
business activities in that country or with
that enterprise; and
``(ii) corporate policies on providing
information about censorship activity or the
activity of its customers or users to a
government described in clause (i); and
``(C) includes a summary of human rights, worker
rights, forced labor supply chain, anticorruption, and
environmental policies of the business related to the
business operations and supply chains of the business
in nonmarket economy countries or with state-owned
enterprises.
``(2) Treatment of business confidential information.--A
covered business shall submit each report required by paragraph
(1) to the Committee--
``(A) in a form that includes business confidential
information; and
``(B) in a form that omits business confidential
information and is appropriate for disclosure to the
public.
``(b) Review by Committee.--The Committee shall review the reports
submitted by covered businesses under subsection (a).
``SEC. 1005. REVIEW OF OUTBOUND INVESTMENT.
``(a) Mandatory Notification.--A covered business that engages in a
transaction described in subsection (b) shall submit a written
notification of the transaction to the Committee.
``(b) Transactions Described.--A transaction described in this
subsection is a transaction proposed or pending on or after the date of
the enactment of this title that--
``(1)(A) is a merger with, acquisition or takeover of,
joint venture with, or investment in, an entity in a nonmarket
economy country; or
``(B) results in the establishment of a new entity in such
a country; and
``(2)(A) in the case of a transaction involving a state-
owned enterprise, is valued at $50,000,000 or more; or
``(B) in the case of any other transaction, is valued at
$1,000,000,000 or more.
``(c) Review.--
``(1) In general.--Not later than 60 days after receiving
written notification under subsection (a) of a transaction
described in subsection (b), the Committee shall--
``(A) review the transaction to determine if the
transaction is likely to result in the relocation or
concentration of production of covered products or
inputs for covered products in a manner that poses a
risk with respect to the national security and crisis
preparedness of the United States or the supply of
covered products for the United States, considering
factors specified in subsection (d); and
``(B) if the Committee determines under
subparagraph (A) that the transaction poses a risk
described in that subparagraph, recommend to the
President that appropriate action be taken to address
or mitigate that risk, such as--
``(i) procurement by the Federal Government
of covered products produced in the United
States;
``(ii) use of authorities under the Defense
Production Act of 1950 (50 U.S.C. 4501 et seq.)
to increase the production of covered products
in the United States;
``(iii) the use or establishment of Federal
programs to provide subsidies or investments
for the production of covered products in the
United States;
``(iv) the conduct of an investigation
under section 232 of the Trade Expansion Act of
1962 (19 U.S.C. 1862) with respect to covered
products; or
``(v) such other actions as the Committee
considers appropriate.
``(2) Unilateral initiation of review.--The Committee may
initiate a review under paragraph (1) of a transaction
described in subsection (b) for which written notification is
not submitted under subsection (a).
``(3) Initiation of review by request from congress.--The
Committee shall initiate a review under paragraph (1) of a
transaction described in subsection (b) (determined without
regard to the value of the transaction under subparagraph (A)
or (B) of subsection (b)(2)) if the chairperson and the ranking
member of the Committee on Finance of the Senate or the
Committee on Ways and Means of the House of Representatives
request the Committee to review the transaction.
``(d) Factors To Be Considered.--In reviewing and making a
determination with respect to a transaction under subsection (c)(1),
the Committee shall consider any factors relating to the economy,
national security, or crisis preparedness of the United States that the
Committee considers relevant, including--
``(1) the long-term strategic economic, national security,
and crisis preparedness interests of the United States;
``(2) the history of distortive trade practices in each
country in which a foreign party to the transaction is
domiciled;
``(3) control and beneficial ownership (as determined in
accordance with section 847 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92)) of
each foreign person that is a party to the transaction;
``(4) impact on the domestic industry and resulting
resiliency, taking into consideration any pattern of foreign
investment in the domestic industry; and
``(5) any other factors the Committee considers
appropriate.
``(e) Report to Congress.--The Committee shall, not less frequently
than annually, submit to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives a report--
``(1) describing, for the year preceding submission of the
report--
``(A) the notifications received under subsection
(a) and reviews conducted pursuant to such
notifications;
``(B) reviews initiated under paragraph (2) or (3)
of subsection (c);
``(C) actions recommended by the Committee under
subsection (c)(1)(B) as a result of such reviews; and
``(D) reviews during which the Committee determined
no action was required; and
``(2) assessing the overall impact of such reviews on the
economy, national security, and crisis preparedness of the
United States.
``SEC. 1006. REVIEW OF INBOUND INVESTMENT.
``(a) Mandatory Notification by Parties.--Each party to a
transaction described in subsection (b) shall submit a written
notification of the transaction to the Committee.
``(b) Transactions Described.--A transaction described in this
subsection is any transaction, by or with any person, proposed or
pending after the date of the enactment of this title that--
``(1)(A) is a merger with, acquisition or takeover of, or
investment in, an entity; or
``(B) results in the establishment of a new entity; and
``(2) could result in foreign control of any covered
business; and
``(3)(A) in the case of a transaction involving a state-
owned enterprise, is valued at $50,000,000 or more; or
``(B) in the case of any other transaction, is valued at
$1,000,000,000 or more.
``(c) Review.--
``(1) In general.--Upon receiving written notification
under subsection (a) of a transaction described in subsection
(b), the Committee shall--
``(A) review the transaction to determine--
``(i) the economic effect of the
transaction on the United States, based on the
factors described in subsection (e); and
``(ii) whether the transaction creates a
risk with respect to the crisis preparedness of
the United States or the supply of covered
products for the United States; and
``(B) based on the results of the review, take
appropriate action under subsection (d) with respect to
the transaction.
``(2) Unilateral initiation of review.--The Committee may
initiate a review under paragraph (1) of a transaction
described in subsection (b) for which written notification is
not submitted under subsection (a).
``(3) Initiation of review by request from congress.--The
Committee shall initiate a review under paragraph (1) of a
transaction described in subsection (b) (determined without
regard to the value of the transaction under subparagraph (A)
or (B) of subsection (b)(3)) if the chairperson and the ranking
member of the Committee on Finance of the Senate or the
Committee on Ways and Means of the House of Representatives
request the Committee to review the transaction.
``(d) Action.--
``(1) Action after initial review.--Not later than 15 days
after receiving a written notification of a transaction under
subsection (a) or initiating a review of a transaction under
paragraph (2) or (3) of subsection (b), as the case may be, the
Committee shall--
``(A) approve the transaction; or
``(B) inform the parties to the transaction that
the Committee requires additional time to conduct a
more thorough review of the transaction.
``(2) Action after extended review.--
``(A) In general.--Subject to subparagraph (B), if
the Committee informs the parties to a transaction
under paragraph (1)(B) that the Committee requires
additional time to conduct a more thorough review, the
Committee shall, not later than 45 days after receiving
the written notification of the transaction under
subsection (a) or initiating a review of the
transaction under paragraph (2) or (3) of subsection
(c), as the case may be--
``(i) complete that review; and
``(ii) approve the transaction, prohibit
the transaction, or require the parties to the
transaction to modify the transaction and
resubmit the modified transaction to the
Committee for review under this section.
``(B) Extension of deadline.--The Committee may
extend the deadline under subparagraph (A) with respect
to the review of a transaction by not more than 15
days.
``(3) Cases of inaccurate or inadequate information.--The
Committee may prohibit a transaction under this subsection if
the Committee determines that any party to the transaction
provides to the Committee inaccurate or inadequate information
in response to inquiries of the Committee as part of a review
of the transaction under subsection (c).
``(4) Public availability of decision.--Each decision under
this subsection to approve, prohibit, or allow for modification
of a transaction, and a justification for each such decision,
shall be made available to the public.
``(e) Factors To Be Considered.--In taking action with respect to a
transaction under subsection (d), the Committee shall consider any
economic and crisis preparedness factors the Committee considers
relevant, including--
``(1) the long-term strategic economic and crisis
preparedness interests of the United States;
``(2) the history of distortive trade practices in each
country in which a foreign party to the transaction is
domiciled;
``(3) control and beneficial ownership (as determined in
accordance with section 847 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92)) of
each foreign person that is a party to the transaction;
``(4) impact on the domestic industry, taking into
consideration any pattern of foreign investment in the domestic
industry; and
``(5) any other factors the Committee considers
appropriate.
``(f) Public Comments.--The Committee shall--
``(1) make available to the public each written
notification submitted under subsection (a) with respect to a
transaction described in subsection (b) and notify the public
if the Committee initiates a review under paragraph (2) or (3)
of subsection (c) with respect to a transaction; and
``(2) in the case of a transaction that the Committee
determines under subsection (d)(1)(B) requires additional time
for review, provide a period for public comment on the
transaction of not more than 10 days.
``(g) Coordination With Committee on Foreign Investment in the
United States.--
``(1) In general.--In the case of a transaction undergoing
review under this section and section 721 of the Defense
Production Act of 1950 (50 U.S.C. 4565), the Committee shall
coordinate with the Secretary of the Treasury with respect to
those reviews.
``(2) Review of national security concerns.--Review of any
threat posed by a transaction to the national security of the
United States shall be conducted by the Committee on Foreign
Investment in the United States under section 721 of the
Defense Production Act of 1950 and not under this section.
``(h) Report to Congress.--The Committee shall, not less frequently
than annually, submit to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives a report--
``(1) describing, for the year preceding submission of the
report--
``(A) the notifications received under subsection
(a) with respect to transactions described in
subsection (b) and reviews conducted pursuant to such
notifications;
``(B) reviews initiated under paragraph (2) or (3)
of subsection (c) with respect to such transactions;
and
``(C) whether the Committee approved, prohibited,
or allowed for modification of each such transaction;
and
``(2) assessing the overall impact of such reviews on the
economy and crisis preparedness of the United States.''.
(b) Clerical Amendment.--The table of contents for the Trade Act of
1974 is amended by adding at the end the following:
``TITLE X--AUTHORITY TO REVIEW INBOUND AND OUTBOUND INVESTMENT
``Sec. 1001. Definitions.
``Sec. 1002. Committee on Production Integrity in the United States.
``Sec. 1003. Report on domestic manufacturing and supply chain
resilience for critical supplies.
``Sec. 1004. Responsible investment reporting requirement.
``Sec. 1005. Review of outbound investment.
``Sec. 1006. Review of inbound investment.''.
SEC. 412. ESTABLISHMENT OF SPECIAL INVESTIGATIONS UNIT IN OFFICE OF THE
UNITED STATES TRADE REPRESENTATIVE.
(a) Sense of Congress.--It is the sense of Congress that the United
States Trade Representative must proactively and independently
investigate practices of countries that are trading partners of the
United States in order to identify and address violations of trade
agreements and other practices that have systemic, diffuse impacts on
the economy and workers of the United States.
(b) Establishment of Special Investigations Unit.--Section 141 of
the Trade Act of 1974 (19 U.S.C. 2171) is amended by adding at the end
the following:
``(i) Special Investigations Unit.--
``(1) In general.--There is established in the Office of
the United States Trade Representative a Special Investigations
Unit, which shall report to the general counsel of the Office.
``(2) Investigations.--
``(A) In general.--The Special Investigations Unit
shall be responsible for investigating--
``(i) potential violations of trade
agreements to which the United States is a
party; and
``(ii) other acts, policies, or practices
of a foreign government that are unjustifiable,
unreasonable, or discriminatory and burden or
restrict United States commerce as described in
section 301.
``(B) Prioritization.--The Special Investigations
Unit shall prioritize investigations under subparagraph
(A) involving--
``(i) countries that are major trading
partners of the United States; or
``(ii) violations described in clause (i)
of subparagraph (A) or acts, policies, or
practices described in clause (ii) of that
subparagraph that have a systemic or diffuse
impact on the economy of the United States
across industries.
``(3) Authorities.--
``(A) In general.--The Special Investigations Unit
shall have the power--
``(i) subject to subparagraph (B), to
require by subpoena the production of all
information, documents, reports, answers,
records, accounts, papers, and other data in
any medium (including electronically stored
information), as well as any tangible thing and
documentary evidence necessary in the
performance of the functions assigned by this
subsection, which subpoena, in the case of
contumacy or refusal to obey, shall be
enforceable by order of any appropriate United
States district court; and
``(ii) to request such information or
assistance as may be necessary for carrying out
the duties and responsibilities provided by
this subsection from any Federal, State, or
local governmental agency or unit thereof.
``(B) Information from federal agencies.--The
Special Investigations Unit shall use procedures other
than subpoenas to obtain documents and information from
Federal agencies.''.
SEC. 413. ESTABLISHMENT OF INSPECTOR GENERAL OF THE OFFICE OF THE
UNITED STATES TRADE REPRESENTATIVE.
(a) Definitions.--Section 12 of the Inspector General Act of 1978
(5 U.S.C. App.) is amended--
(1) in paragraph (1), by striking ``or the Director of the
National Reconnaissance Office'' and inserting ``the Director
of the National Reconnaissance Office; or the United States
Trade Representative''; and
(2) in paragraph (2), by striking ``or the National
Reconnaissance Office'' and inserting ``the National
Reconnaissance Office, or the Office of the United States Trade
Representative,''.
(b) Appointment of Inspector General.--Not later than 120 days
after the date of the enactment of this Act, the President shall
appoint an individual to serve as the Inspector General of the Office
for the United States Trade Representative in accordance with section
3(a) of the Inspector General Act of 1978 (5 U.S.C. App.).
SEC. 414. AUDIT OF PROCESS FOR SEEKING EXCLUSIONS FROM CERTAIN DUTIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Office of the
United States Trade Representative shall commence conducting an audit
of the process established by the United States Trade Representative
for excluding articles from duties imposed under section 301 of the
Trade Act of 1974 (19 U.S.C. 2411) with respect to articles imported
from the People's Republic of China.
(b) Elements.--In conducting the audit required by subsection (a),
the Inspector General shall assess whether--
(1) all information used to make determinations with
respect to requests for or objections to exclusions described
in that subsection was included in the official record; and
(2) officials of the Office of the United States Trade
Representative--
(A) uniformly applied the criteria used to review
such requests or objections to all persons that
submitted such requests or objections, as the case may
be;
(B) changed the criteria used to review such
requests or objections while such requests or
objections, as the case may be, were pending;
(C) met with any interested parties to discuss such
requests or objections while such requests or
objections, as the case may be, were pending;
(D) at any time permitted the resubmission of a
previously submitted request or objection after the
submission deadline; and
(E) uniformly allowed persons that submitted such
requests or objections to submit additional information
at any time while such requests or objections, as the
case may be, were under review.
SEC. 415. IDENTIFICATION OF AND ACCOUNTABILITY WITH RESPECT TO
GOVERNMENT-COERCED CENSORSHIP.
(a) In General.--Chapter 8 of title I of the Trade Act of 1974 is
amended by adding at the end the following:
``SEC. 183. IDENTIFICATION OF COUNTRIES THAT DISRUPT DIGITAL TRADE.
``(a) In General.--By not later than the date that is 30 days after
the date on which the annual report is submitted to congressional
committees under section 181(b), the United States Trade Representative
(in this section referred to as the `Trade Representative') shall
identify, in accordance with subsection (b), foreign countries that are
trading partners of the United States that engage in acts, policies, or
practices that disrupt digital trade activities, including--
``(1) coerced censorship in their own markets or
extraterritorially; and
``(2) other eCommerce and digital practices with the goal,
or substantial effect, of promoting censorship or extrajudicial
data access that disadvantage United States persons.
``(b) Requirements for Identifications.--In identifying countries
under subsection (a), the Trade Representative shall identify only
foreign countries that--
``(1) disrupt digital trade in a discriminatory or trade
distorting manner with the goal, or substantial effect, of
promoting censorship or extrajudicial data access;
``(2) deny fair and equitable market access to United
States digital service providers with the goal, or substantial
effect, of promoting censorship or extrajudicial data access;
or
``(3) engage in coerced censorship or extra-judicial data
access so as to harm the integrity of services or products
provided by United States persons in the market of that
country, the United States market, or other markets.
``(c) Designation of Priority Foreign Countries.--
``(1) In general.--The Trade Representative shall designate
as priority foreign countries the foreign countries identified
under subsection (a) that--
``(A) engage in the most onerous or egregious acts,
policies, or practices, that have the greatest impact
on the United States; and
``(B) are not negotiating or otherwise making
progress to end those acts, policies, or practices.
``(2) Revocations and additional identifications.--
``(A) In general.--The Trade Representative may at
any time, if information available to the Trade
Representative indicates that such action is
appropriate--
``(i) revoke the identification of any
foreign country as a priority foreign country
under paragraph (1); or
``(ii) identify any foreign country as a
priority foreign country under that paragraph.
``(B) Report on reasons for revocation.--The Trade
Representative shall include in the semiannual report
submitted to Congress under section 309(3) a detailed
explanation of the reasons for the revocation under
subparagraph (A) of the identification of any foreign
country as a priority foreign country under paragraph
(1).
``(d) Referral to Attorney General or Investigation.--If the Trade
Representative identifies an instance in which a foreign country
designated as a priority foreign country under subsection (c) has
pressured online service providers to inhibit free speech in the United
States, the Trade Representative shall--
``(1) refer the instance to the Attorney General; or
``(2) initiate an investigation under section 302 and, if
appropriate, consider a remedy of barring such providers and
similar entities of that foreign country from operating in the
United States until the issue is resolved.
``(e) Publication.--The Trade Representative shall publish in the
Federal Register a list of foreign countries identified under
subsection (a) and foreign countries designated as priority foreign
countries under subsection (c) and shall make such revisions to the
list as may be required by reason of action under subsection (c)(2).
``(f) Annual Report.--Not later than 30 days after the date on
which the Trade Representative submits the National Trade Estimate
under section 181(b), the Trade Representative shall submit to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report on actions taken under this
section during the 12 months preceding such report, and the reasons for
such actions, including--
``(1) a list of any foreign countries identified under
subsection (a); and
``(2) a description of progress made in decreasing
disruptions to digital trade.''.
(b) Investigations Under Title III of the Trade Act of 1974.--
Section 302(b)(2) of the Trade Act of 1974 (19 U.S.C. 2412(b)(2)) is
amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by inserting ``or designated as a priority foreign country
under section 183(c)'' after ``section 182(a)(2)''; and
(2) in subparagraph (D), by striking ``by reason of
subparagraph (A)'' and inserting ``with respect to a country
identified under section 182(a)(2)''.
(c) Clerical Amendment.--The table of contents for the Trade Act of
1974 is amended by inserting after the item relating to section 182 the
following:
``Sec. 183. Identification of countries that disrupt digital trade.''.
SEC. 416. REPORTS ON AGREEMENTS TO RESOLVE DISPUTES UNDER SECTION 301
OF THE TRADE ACT OF 1974.
Section 301 of the Trade Act of 1974 (19 U.S.C. 2411) is amended by
adding at the end the following:
``(e) Reports on Agreements To Resolve Disputes Under This
Section.--
``(1) Reports on agreements with the people's republic of
china.--Not later than 90 days after the date of the enactment
of this subsection, and every 90 days thereafter, the United
States International Trade Commission shall submit to the
Committee on Finance of the Senate, the Committee on Ways and
Means of the House of Representatives, and the President a
report on the compliance of the People's Republic of China with
each provision of--
``(A) the Economic and Trade Agreement Between the
Government of the United States of America and the
Government of China, dated January 15, 2020 (commonly
referred to as the `Phase I Trade Deal'); and
``(B) any other agreement entered into with the
People's Republic of China to resolve a dispute
relating to a matter under investigation under this
title.
``(2) Reports on other agreements.--
``(A) In general.--Not later than 180 days after
the United States enters into any agreement with a
foreign country to settle or resolve a trade dispute
relating to a matter under investigation under this
title, the United States International Trade Commission
shall submit to the Committee on Finance of the Senate,
the Committee on Ways and Means of the House of
Representatives, and the President a report assessing--
``(i) whether the parties to the agreement
are complying with the agreement; and
``(ii) whether the agreement is effective
at resolving the dispute.
``(B) Additional reports.--If the Commission
determines under subparagraph (A)(ii) that an agreement
is not effective at resolving a dispute described in
subparagraph (A), the Commission shall review the
matter and submit to the Committee on Finance of the
Senate, the Committee on Ways and Means of the House of
Representatives, and the President a report on the
matter every 180 days after that determination until
the matter is resolved.''.
SEC. 417. TECHNICAL AND LEGAL SUPPORT FOR ADDRESSING INTELLECTUAL
PROPERTY RIGHTS INFRINGEMENT CASES.
(a) In General.--The head of any Federal agency may provide
support, as requested and appropriate, to United States persons seeking
technical, legal, or other support in addressing intellectual property
rights infringement cases regarding the People's Republic of China.
(b) United States Person Defined.--In this section, the term
``United States person'' means--
(1) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(2) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.
SEC. 418. IMPROVEMENT OF ANTI-COUNTERFEITING MEASURES.
(a) Report on Seizures of Counterfeit Goods.--Not later than one
year after the date of the enactment of this Act, and annually
thereafter, the Commissioner of U.S. Customs and Border Protection
shall submit to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives a report on
seizures by U.S. Customs and Border Protection of counterfeit goods
during the year preceding submission of the report, including the
number of such seizures disaggregated by category of good, source
country, and mode of transport.
(b) Increased Inspections of Goods From Certain Countries.--The
Commissioner shall increase inspections of imports of goods from each
source country identified in the report required by subsection (a) as
one of the top source countries of counterfeit goods, as determined by
the Commissioner.
(c) Publication of Criteria for Notorious Markets List.--Not later
than 2 years after the date of the enactment of this Act, and not less
frequently than every 5 years thereafter, the United States Trade
Representative shall publish in the Federal Register criteria for
determining that a market is a notorious market for purposes of
inclusion of that market in the Notorious Markets List developed by the
Trade Representative pursuant to section 182 of the Trade Act of 1974
(19 U.S.C. 2242).
Subtitle B--Financial Services
SEC. 431. FINDINGS ON TRANSPARENCY AND DISCLOSURE; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) More than 2,000,000 corporations and limited liability
companies are formed under the laws of the States each year and
some of those entities are formed by persons outside of the
United States, including by persons in the People's Republic of
China.
(2) Most or all States do not require information about the
beneficial owners of the corporations, limited liability
companies, or other similar entities formed under the laws of
the State.
(3) Malign actors seek to conceal their ownership of
corporations, limited liability companies, or other similar
entities in the United States to facilitate illicit activity,
including money laundering, the financing of terrorism,
proliferation financing, serious tax fraud, human and drug
trafficking, counterfeiting, piracy, securities fraud,
financial fraud, economic espionage, theft of intellectual
property, and acts of foreign corruption, which harm the
national security interests of the United States and allies of
the United States.
(4) National security, intelligence, and law enforcement
investigations have consistently been impeded by an inability
to reliably and promptly obtain information identifying the
persons that ultimately own corporations, limited liability
companies, or other similar entities suspected of engaging in
illicit activity, as documented in reports and testimony by
officials from the Department of Justice, the Department of
Homeland Security, the Department of the Treasury, the
Government Accountability Office, and other agencies.
(5) In the National Strategy for Combating Terrorist and
Other Illicit Financing, issued in 2020, the Department of the
Treasury found the following: ``Misuse of legal entities to
hide a criminal beneficial owner or illegal source of funds
continues to be a common, if not the dominant, feature of
illicit finance schemes, especially those involving money
laundering, predicate offences, tax evasion, and proliferation
financing.''.
(6) Federal legislation providing for the collection of
beneficial ownership information by the Financial Crimes
Enforcement Network of the Department of the Treasury (referred
to in this section as ``FinCEN'') with respect to corporations,
limited liability companies, or other similar entities formed
under the laws of the States is needed to--
(A) set a clear, Federal standard for incorporation
practices;
(B) protect vital United States national security
interests;
(C) protect interstate and foreign commerce;
(D) better enable critical national security,
intelligence, and law enforcement efforts to identify
and counter money laundering, the financing of
terrorism, and other illicit activity; and
(E) bring the United States into compliance with
international standards with respect to anti-money
laundering and countering the financing of terrorism.
(7) Providing beneficial ownership information to FinCEN is
especially important in cases in which--
(A) foreign firms, including those in the People's
Republic of China or subject to the jurisdiction of the
People's Republic of China, seek to acquire United
States firms and the valuable intellectual property of
those firms; and
(B) the acquisitions described in subparagraph (A)
pose a threat to the economic or national security of
the United States.
(b) Sense of Congress.--It is the sense of Congress that, before
the end of the 116th Congress, Congress should enact comprehensive
beneficial ownership legislation that includes strong transparency and
disclosure requirements ensuring that complete beneficial ownership
information is provided by all domestic and foreign corporations,
limited liability companies, and similar entities formed in the United
States.
SEC. 432. DISCLOSURE OF PRIVATE BUSINESS TRANSACTIONS WITH FOREIGN
PERSONS.
Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565)
is amended by adding at the end the following:
``(r) Disclosure of Private Business Transactions With Foreign
Persons.--
``(1) In general.--Not less frequently than every 90 days,
each covered officer shall disclose to the public any covered
private business transaction during the preceding 90 days
between--
``(A)(i) the covered officer;
``(ii) the spouse of the covered officer;
``(iii) a child of the covered officer; or
``(iv) a covered private business with respect to
the covered officer; and
``(B) a foreign person.
``(2) Matters to be included.--For any covered private
business transaction disclosed under paragraph (1), the covered
officer shall include in the disclosure the following:
``(A) The name of the foreign person with which the
transaction was conducted.
``(B) The amount of any funds received from or owed
to the foreign person.
``(C) The date of the transaction.
``(D) A detailed summary of the purpose of the
transaction.
``(E) The name of any United States entity through
which the transaction was processed or funds relating
to the transaction were transferred.
``(3) Publication.--Any disclosure made under paragraph (1)
shall be made available on the publicly available internet
website of the Department of the Treasury.
``(4) Definitions.--In this subsection:
``(A) Covered officer.--The term `covered officer'
means the President, the Vice President, and each
member of the Committee.
``(B) Covered private business.--The term `covered
private business'--
``(i) means--
``(I) a sole proprietorship or
business entity in which a covered
officer, the spouse of the covered
officer, or a child of the covered
officer holds an ownership interest;
and
``(II) an entity in which--
``(aa) a covered officer
holds a position required to be
reported under section
102(a)(6) of the Ethics in
Government Act of 1978 (5
U.S.C. App.); or
``(bb) the spouse or a
child of the covered officer
holds a position that would be
required to be reported under
section 102(a)(6) of the Ethics
in Government Act of 1978 (5
U.S.C. App.) if it were a
position held by the covered
officer;
``(ii) includes any private entity for
which--
``(I) the covered officer is
required to report an ownership
interest of the covered officer under
section 102(a)(3) of the Ethics in
Government Act of 1978 (5 U.S.C. App.);
or
``(II) the spouse or a child of the
covered officer would be required to
report an ownership interest under
section 102(a)(3) of the Ethics in
Government Act of 1978 (5 U.S.C. App.)
if it were an ownership interest held
by the covered officer; and
``(iii) does not include--
``(I) a publicly traded entity; or
``(II) an entity described in
clause (i)(I) or (ii) if the ownership
interest is held in a qualified blind
trust, as defined in section 101(f)(3)
of the Ethics in Government Act of 1978
(5 U.S.C. App.).
``(C) Covered private business transaction.--The
term `covered private business transaction' means--
``(i) the exchange of anything with a value
of more than $200; and
``(ii) incurring a liability that would be
required to be reported under section 102(a)(4)
of the Ethics in Government Act of 1978 (5
U.S.C. App.) if it were a liability of the
covered officer.''.
SEC. 433. CYBER THEFT DISCLOSURE.
(a) Definitions.--In this section--
(1) the term ``Commission'' means the Securities and
Exchange Commission;
(2) the terms ``computer network intrusion'' and
``intellectual property'' have the meanings given those terms
by the Commission in carrying out subsection (b);
(3) the term ``Form 8-K'' means the form described in
section 249.308 of title 17, Code of Federal Regulations, or
any successor regulation;
(4) the terms ``issuer'' and ``securities'' have the
meanings given those terms in section 3(a) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)); and
(5) the term ``reporting company'' means an issuer--
(A) the securities of which are registered under
section 12 of the Securities Exchange Act of 1934 (15
U.S.C. 78l); or
(B) that is required to file reports under section
15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78o(d)).
(b) Rules.--Not later than 360 days after the date of enactment of
this Act, the Commission shall issue final rules to require a reporting
company to issue a timely public disclosure, using Form 8-K, not later
than 30 days after the date on which the reporting company first
suspects that the intellectual property of the reporting company has
been stolen through a computer network intrusion.
SEC. 434. CYBERSECURITY EXPERTISE DISCLOSURE.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended by inserting after section 14B (15 U.S.C. 78n-2) the following:
``SEC. 14C. CYBERSECURITY TRANSPARENCY.
``(a) Definitions.--In this section--
``(1) the term `cybersecurity' means any action, step, or
measure to detect, prevent, deter, mitigate, or address any
cybersecurity threat or any potential cybersecurity threat;
``(2) the term `cybersecurity threat'--
``(A) means an action, not protected by the First
Amendment to the Constitution of the United States, on
or through an information system that may result in an
unauthorized effort to adversely impact the security,
availability, confidentiality, or integrity of an
information system or information that is stored on,
processed by, or transiting an information system; and
``(B) does not include any action that solely
involves a violation of a consumer term of service or a
consumer licensing agreement;
``(3) the term `information system'--
``(A) has the meaning given the term in section
3502 of title 44, United States Code; and
``(B) includes industrial control systems, such as
supervisory control and data acquisition systems,
distributed control systems, and programmable logic
controllers;
``(4) the term `NIST' means the National Institute of
Standards and Technology; and
``(5) the term `reporting company' means any company that
is an issuer--
``(A) the securities of which are registered under
section 12; or
``(B) that is required to file reports under
section 15(d).
``(b) Requirement To Issue Rules.--Not later than 360 days after
the date of enactment of this section, the Commission shall issue final
rules to require each reporting company, in the annual report of the
reporting company submitted under section 13 or section 15(d) or in the
annual proxy statement of the reporting company submitted under section
14(a)--
``(1) to disclose whether any member of the governing body,
such as the board of directors or general partner, of the
reporting company has expertise or experience in cybersecurity
and in such detail as necessary to fully describe the nature of
the expertise or experience; and
``(2) if no member of the governing body of the reporting
company has expertise or experience in cybersecurity, to
describe what other aspects of the reporting company's
cybersecurity were taken into account by any person, such as an
official serving on a nominating committee, that is responsible
for identifying and evaluating nominees for membership to the
governing body.
``(c) Cybersecurity Expertise or Experience.--For purposes of
subsection (b), the Commission, in consultation with NIST, shall define
what constitutes expertise or experience in cybersecurity using
commonly defined roles, specialties, knowledge, skills, and abilities,
such as those provided in NIST Special Publication 800-181, entitled
`National Initiative for Cybersecurity Education (NICE) Cybersecurity
Workforce Framework', or any successor thereto.''.
SEC. 435. INDEPENDENCE FROM INFLUENCE OF THE GOVERNMENT OF CHINA.
(a) Definitions.--In this section--
(1) the term ``Commission'' means the Securities and
Exchange Commission; and
(2) the term ``registrant'' means an entity that is subject
to section 229.101 of title 17, Code of Federal Regulations, or
any successor regulation.
(b) Rules.--Not later than 360 days after the date of enactment of
this Act, the Commission shall amend section 229.101 of title 17, Code
of Federal Regulations, or any successor regulation, to require a
registrant to disclose the following under that section:
(1) Whether the Government of China has provided any
financial support, including a direct subsidy, a grant, a loan
(including a below-market loan), a loan guarantee, a tax
concession, benefits with respect to government procurement
policy, or any other form of governmental support, to the
registrant.
(2) If the Government of China has provided financial
support described in paragraph (1), the conditions under which
that Government provided that support, including whether that
Government has required the registrant to--
(A) satisfy certain requirements with respect to
export performance;
(B) purchase items--
(i) from certain producers; or
(ii) that were produced using certain
intellectual property; or
(C) employ members of the Chinese Communist Party
or other employees of that Government.
(3) Whether there is any committee of the Chinese Communist
Party established within the registrant, which shall include
the disclosure of--
(A) whether the registrant established that
committee;
(B) the standing of that committee within the
registrant;
(C) which employees of the registrant comprise that
committee; and
(D) the roles played by the employees described in
subparagraph (C).
(4) Information regarding each individual who, as of the
date on which the disclosure is made, is an officer or director
of the registrant (or a United States subsidiary or joint
venture of the registrant in the People's Republic of China)
and holds, or previously held, a position with the Chinese
Communist Party or the Government of China, including the title
of that position and the geographic location in which the
individual holds, or held, the position.
(c) Commission Discretion.--In addition to the amendments required
under subsection (b), the Commission may make any other amendments to
the rules of the Commission that the Commission determines necessary to
carry out the purposes of this section.
SEC. 436. ESTABLISHMENT OF INTERAGENCY TASK FORCE TO ADDRESS CHINESE
MARKET MANIPULATION IN THE UNITED STATES.
(a) In General.--The Department of Justice, the Federal Trade
Commission, and, as appropriate, other Federal agencies shall establish
a joint interagency task force to investigate allegations of systemic
market manipulation and other potential violations of antitrust and
competition laws in the United States by companies established in the
People's Republic of China, including investigations to illegally
capture market share, fix prices, and control the supply of goods in
critical industries of the United States, including--
(1) the pharmaceutical and medical devices industry;
(2) the green energy industry; and
(3) the steel and aluminum industries.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the President shall provide to the Committee on Foreign
Relations, the Committee on Finance, and the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Foreign
Affairs, the Committee on Ways and Means, and the Committee on Energy
and Commerce of the House of Representatives--
(1) a briefing on the progress of the interagency task
force and its findings as described in subsection (a); and
(2) recommendations to the committees on potential
amendments to antitrust and competition laws in the United
States that would strengthen the ability of United States
antitrust enforcement agencies to bring actions against
anticompetitive business practices by Chinese companies.
SEC. 437. HOLDING FOREIGN COMPANIES ACCOUNTABLE.
(a) Disclosure Requirement.--Section 104 of the Sarbanes-Oxley Act
of 2002 (15 U.S.C. 7214) is amended by adding at the end the following:
``(i) Disclosure Regarding Foreign Jurisdictions That Prevent
Inspections.--
``(1) Definitions.--In this subsection--
``(A) the term `covered issuer' means an issuer
that is required to file reports under section 13 or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m, 78o(d)); and
``(B) the term `non-inspection year' means, with
respect to a covered issuer, a year--
``(i) during which the Commission
identifies the covered issuer under paragraph
(2)(A) with respect to every report described
in subparagraph (A) filed by the covered issuer
during that year; and
``(ii) that begins after the date of
enactment of this subsection.
``(2) Disclosure to commission.--The Commission shall--
``(A) identify each covered issuer that, with
respect to the preparation of the audit report on the
financial statement of the covered issuer that is
included in a report described in paragraph (1)(A)
filed by the covered issuer, retains a registered
public accounting firm that has a branch or office
that--
``(i) is located in a foreign jurisdiction;
and
``(ii) the Board is unable to inspect or
investigate completely because of a position
taken by an authority in the foreign
jurisdiction described in clause (i), as
determined by the Board; and
``(B) require each covered issuer identified under
subparagraph (A) to, in accordance with the rules
issued by the Commission under paragraph (4), submit to
the Commission documentation that establishes that the
covered issuer is not owned or controlled by a
governmental entity in the foreign jurisdiction
described in subparagraph (A)(i).
``(3) Trading prohibition after 3 years of non-
inspections.--
``(A) In general.--If the Commission determines
that a covered issuer has 3 consecutive non-inspection
years, the Commission shall prohibit the securities of
the covered issuer from being traded--
``(i) on a national securities exchange; or
``(ii) through any other method that is
within the jurisdiction of the Commission to
regulate, including through the method of
trading that is commonly referred to as the
`over-the-counter' trading of securities.
``(B) Removal of initial prohibition.--If, after
the Commission imposes a prohibition on a covered
issuer under subparagraph (A), the covered issuer
certifies to the Commission that the covered issuer has
retained a registered public accounting firm that the
Board has inspected under this section to the
satisfaction of the Commission, the Commission shall
end that prohibition.
``(C) Recurrence of non-inspection years.--If,
after the Commission ends a prohibition under
subparagraph (B) or (D) with respect to a covered
issuer, the Commission determines that the covered
issuer has a non-inspection year, the Commission shall
prohibit the securities of the covered issuer from
being traded--
``(i) on a national securities exchange; or
``(ii) through any other method that is
within the jurisdiction of the Commission to
regulate, including through the method of
trading that is commonly referred to as the
`over-the-counter' trading of securities.
``(D) Removal of subsequent prohibition.--If, after
the end of the 5-year period beginning on the date on
which the Commission imposes a prohibition on a covered
issuer under subparagraph (C), the covered issuer
certifies to the Commission that the covered issuer
will retain a registered public accounting firm that
the Board is able to inspect under this section, the
Commission shall end that prohibition.
``(4) Rules.--Not later than 90 days after the date of
enactment of this subsection, the Commission shall issue rules
that establish the manner and form in which a covered issuer
shall make a submission required under paragraph (2)(B).''.
(b) Additional Disclosure.--
(1) Definitions.--In this subsection--
(A) the term ``audit report'' has the meaning given
the term in section 2(a) of the Sarbanes-Oxley Act of
2002 (15 U.S.C. 7201(a));
(B) the term ``Commission'' means the Securities
and Exchange Commission;
(C) the term ``covered form''--
(i) means--
(I) the form described in section
249.310 of title 17, Code of Federal
Regulations, or any successor
regulation; and
(II) the form described in section
249.220f of title 17, Code of Federal
Regulations, or any successor
regulation; and
(ii) includes a form that--
(I) is the equivalent of, or
substantially similar to, the form
described in subclause (I) or (II) of
clause (i); and
(II) a foreign issuer files with
the Commission under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et
seq.) or rules issued under that Act;
(D) the terms ``covered issuer'' and ``non-
inspection year'' have the meanings given the terms in
subsection (i)(1) of section 104 of the Sarbanes-Oxley
Act of 2002 (15 U.S.C. 7214), as added by subsection
(a) of this section; and
(E) the term ``foreign issuer'' has the meaning
given the term in section 240.3b-4 of title 17, Code of
Federal Regulations, or any successor regulation.
(2) Requirement.--Each covered issuer that is a foreign
issuer and for which, during a non-inspection year with respect
to the covered issuer, a registered public accounting firm
described in subsection (i)(2)(A) of section 104 of the
Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214), as added by
subsection (a) of this section, has prepared an audit report
shall disclose in each covered form filed by that issuer that
covers such a non-inspection year--
(A) that, during the period covered by the covered
form, such a registered public accounting firm has
prepared an audit report for the issuer;
(B) the percentage of the shares of the issuer
owned by governmental entities in the foreign
jurisdiction in which the issuer is incorporated or
otherwise organized;
(C) whether governmental entities in the applicable
foreign jurisdiction with respect to that registered
public accounting firm have a controlling financial
interest with respect to the issuer;
(D) the name of each official of the Chinese
Communist Party who is a member of the board of
directors of--
(i) the issuer; or
(ii) the operating entity with respect to
the issuer; and
(E) whether the articles of incorporation of the
issuer (or equivalent organizing document) contains any
charter of the Chinese Communist Party, including the
text of any such charter.
Subtitle C--Economic Security
SEC. 441. IMPOSITION OF SANCTIONS WITH RESPECT TO THEFT OF TRADE
SECRETS OF UNITED STATES PERSONS.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and not less frequently than every
180 days thereafter, the President shall submit to the
appropriate congressional committees a report--
(A) identifying, for the 180-day period preceding
submission of the report--
(i) any foreign person that has knowingly
engaged in, or benefitted from, significant
theft of trade secrets of United States
persons, if the theft of such trade secrets is
reasonably likely to result in, or has
materially contributed to, a significant threat
to the national security, foreign policy, or
economic health or financial stability of the
United States;
(ii) any foreign person that has provided
significant financial, material, or
technological support for, or goods or services
in support of or to benefit significantly from,
such theft;
(iii) any entity owned or controlled by, or
that has acted or purported to act for or on
behalf of, directly or indirectly, any foreign
person identified under clause (i) or (ii); and
(iv) any foreign person that is a chief
executive officer or member of the board of
directors of any foreign entity identified
under clause (i) or (ii); and
(B) describing the nature, objective, and outcome
of the theft of trade secrets each foreign person
described in subparagraph (A)(i) engaged in or
benefitted from; and
(C) assessing whether any chief executive officer
or member of the board of directors described in clause
(iv) of subparagraph (A) engaged in, or benefitted
from, activity described in clause (i) or (ii) of that
subparagraph.
(2) Form of report.--Each report required by paragraph (1)
shall be submitted in unclassified form but may include a
classified annex.
(b) Authority To Impose Sanctions.--
(1) Sanctions applicable to entities.--In the case of a
foreign entity identified under subparagraph (A) of subsection
(a)(1) in the most recent report submitted under that
subsection, the President shall impose one of the following:
(A) Blocking of property.--The President may,
pursuant to the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.), block and prohibit all
transactions in all property and interests in property
of the entity if such property and interests in
property are in the United States, come within the
United States, or are or come within the possession or
control of a United States person.
(B) 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 No. 4 to part 744
of the Export Administration Regulations, for
activities contrary to the national security or foreign
policy interests of the United States.
(2) Sanctions applicable to individuals.--In the case of an
individual identified under subparagraph (A) of subsection
(a)(1) in the most recent report submitted under that
subsection, the following shall apply:
(A) Blocking of property.--The President shall,
pursuant to the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.), block and prohibit all
transactions in all property and interests in property
of the individual if such property and interests in
property are in the United States, come within the
United States, or are or come within the possession or
control of a United States person.
(B) Visa ban; exclusion.--The Secretary of State
shall deny a visa to the individual and revoke, in
accordance with section 221(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(i)), any visa or other
documentation of the individual, and the Secretary of
Homeland Security shall exclude the individual from the
United States.
(c) Exceptions.--
(1) Intelligence activities.--This section shall not apply
with respect to activities subject to the reporting
requirements under title V of the National Security Act of 1947
(50 U.S.C. 3091 et seq.) or any authorized intelligence
activities of the United States.
(2) Law enforcement activities.--Sanctions under this
section shall not apply with respect to any authorized law
enforcement activities of the United States.
(3) Exception relating to importation of goods.--
(A) In general.--The authority to impose sanctions
under this section shall not include the authority or a
requirement to impose sanctions on the importation of
goods.
(B) Good defined.--In this paragraph, the term
``good'' means any article, natural or manmade
substance, material, supply, or manufactured product,
including inspection and test equipment, and excluding
technical data.
(4) Exception to comply with international agreements.--
Subsection (b)(2)(B) shall not apply with respect to the
admission of an individual to the United States if such
admission is necessary to comply with the obligations of the
United States under the Agreement regarding the Headquarters of
the United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, under the Convention on Consular
Relations, done at Vienna April 24, 1963, and entered into
force March 19, 1967, or under other international agreements.
(d) National Security Waiver.--The President may waive the
imposition of sanctions under subsection (b) with respect to a person
if the President--
(1) determines that such a waiver is in the national
security interests of the United States; and
(2) not more than 15 days after issuing such a waiver,
submits to the appropriate congressional committees a
notification of the waiver and the reasons for the waiver.
(e) Termination of Sanctions.--Sanctions imposed under subsection
(b) with respect to a foreign person identified in a report submitted
under subsection (a) shall terminate if the President certifies to the
appropriate congressional committees, before the termination takes
effect, that the person is no longer engaged in the activity identified
in the report.
(f) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
paragraph (1)(A) or (2)(A) of subsection (b) or any regulation,
license, or order issued to carry out that paragraph shall be
subject to the penalties set forth in subsections (b) and (c)
of section 206 of the International Emergency Economic Powers
Act (50 U.S.C. 1705) to the same extent as a person that
commits an unlawful act described in subsection (a) of that
section.
(g) Definitions.--In this section:
(1) Export administration regulations.--The term ``Export
Administration Regulations'' means subchapter C of chapter VII
of title 15, Code of Federal Regulations.
(2) Foreign entity.--The term ``foreign entity'' means an
entity that is not a United States person.
(3) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(4) Trade secret.--The term ``trade secret'' has the
meaning given that term in section 1839 of title 18, United
States Code.
(5) Person.--The term ``person'' means an individual or
entity.
(6) United states person.--The term ``United States
person'' means--
(A) an individual who is a United States citizen or
an alien lawfully admitted for permanent residence to
the United States;
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
SEC. 442. COUNTERING FOREIGN CORRUPT PRACTICES.
(a) In General.--The Secretary of State, working through the
Assistant Secretary of State for Economic and Business Affairs and the
Assistant Secretary of State for International Narcotics and Law
Enforcement Affairs, shall offer to provide technical assistance to the
governments of countries that are partners of the United States to
assist members of national legislatures and officials of executive
branches in those countries in establishing legislative and regulatory
frameworks that are similar to those set forth in--
(1) section 30A of the Securities Exchange Act of 1934 (15
U.S.C. 78dd-1); and
(2) section 104 of the Foreign Corrupt Practices Act of
1977 (15 U.S.C. 78dd-2).
(b) Purposes.--In carrying out subsection (a), the Secretary of
State shall actively encourage governments described in that
subsection--
(1) to adopt standards that deter fraudulent business
practices and increase government and private sector
accountability; and
(2) to strengthen the investigative and prosecutorial
capacity of government institutions to combat fraudulent
business practices involving public officials.
(c) Strategy Requirement.--Not later than 90 days after the date of
enactment of this Act, the Secretary of State shall submit a strategy
for carrying out the activities described in subsections (a) and (b)
to--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
(d) Consultation.--In formulating the strategy described in
subsection (c), the Secretary of State shall consult with the Secretary
of the Treasury and the Attorney General.
(e) Semiannual Briefing Requirement.--Not later than 180 days after
the date of enactment of this Act, and every 180 days thereafter, the
Secretary of State shall provide a briefing regarding the activities
described in subsections (a) and (b) and the strategy submitted under
subsection (c) to--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
SEC. 443. DEBT RELIEF FOR COUNTRIES ELIGIBLE FOR ASSISTANCE FROM THE
INTERNATIONAL DEVELOPMENT ASSOCIATION.
(a) Policy Statement.--It is the policy of the United States to
coordinate with the international community to provide debt relief for
debt that is held by countries eligible for assistance from the
International Development Association that request forbearance to
respond to the COVID-19 pandemic.
(b) Debt Relief.--The Secretary of the Treasury, in consultation
with the Secretary of State, shall--
(1) engage with international financial institutions and
other bilateral official creditors to advance policy
discussions on restructuring, rescheduling, or canceling the
sovereign debt of countries eligible for assistance from the
International Development Association; and
(2) instruct the United States Executive Director of the
International Monetary Fund and the United States Executive
Director of the World Bank to use the voice and vote of the
United States to advance agreement on the efforts described in
paragraph (1).
(c) Reporting Requirement.--Not later than 45 days after the date
of the enactment of this Act, and every 90 days thereafter until the
end of the COVID-19 pandemic, as determined by the World Health
Organization, the Secretary of the Treasury, in coordination with the
Secretary of State, shall submit to the committees specified in
subsection (d) a report that describes--
(1) actions that have been taken to advance debt relief for
countries eligible for assistance from the International
Development Association that request forbearance to respond to
the COVID-19 pandemic in coordination with international
financial institutions, the Group of 7 (G7), the Group of 20
(G20), Paris Club members, and the Institute of International
Finance;
(2) mechanisms that have been utilized and mechanisms that
are under consideration to provide the debt relief described in
paragraph (1);
(3) any United States policy concerns regarding debt relief
to specific countries;
(4) the balance and status of repayments on all loans from
the People's Republic of China to countries eligible for
assistance from the International Development Association,
including--
(A) loans provided as part of the Belt and Road
Initiative of the People's Republic of China;
(B) loans made by the Export-Import Bank of China;
(C) loans made by the China Development Bank; and
(D) loans made by the Asian Infrastructure
Investment Bank;
(5) the transparency measures established or proposed to
ensure that funds saved through the debt relief described in
paragraph (1) will be used for activities--
(A) that respond to the health, economic, and
social consequences of the COVID-19 pandemic; and
(B) that are consistent with the interests and
values of the United States; and
(6) policy options available to the United States
Government to support and advance debt relief from the official
creditors of Sudan.
(d) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Appropriations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Appropriations, the Committee on
Financial Services, and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 444. COLLECTION OF INFORMATION FROM UNITED STATES ENTITIES
CONCERNING REQUESTS BY THE GOVERNMENT OF CHINA.
(a) In General.--The Secretary of Commerce shall collect from each
United States entity that does business in the People's Republic of
China information concerning requests from the Government of China
relating to censorship, surveillance, data transfers, and the
establishment of cells of that government within that entity.
(b) Classified Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Secretary shall submit to Congress a classified report on the
information collected under subsection (a) during the period
covered by the report.
(2) Elements.--The information included in each report
submitted under paragraph (1)--
(A) shall not identify any particular United States
entity; and
(B) shall be disaggregated by industry sector.
SEC. 445. REPORT ON MANNER AND EXTENT TO WHICH THE GOVERNMENT OF CHINA
EXPLOITS HONG KONG TO CIRCUMVENT UNITED STATES LAWS AND
PROTECTIONS.
Title III of the United States-Hong Kong Policy Act of 1992 (22
U.S.C. 5731 et seq.) is amended by adding at the end the following:
``SEC. 303. REPORT ON MANNER AND EXTENT TO WHICH THE GOVERNMENT OF
CHINA EXPLOITS HONG KONG TO CIRCUMVENT UNITED STATES LAWS
AND PROTECTIONS.
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Secretary of State shall submit to the
appropriate congressional committees a report on the manner and extent
to which the Government of China uses the status of Hong Kong to
circumvent the laws and protections of the United States.
``(b) Elements.--The report required by subsection (a) shall
include the following:
``(1) In consultation with the Secretary of Commerce, the
Secretary of Homeland Security, and the Director of National
Intelligence--
``(A) an assessment of how the Government of China
uses Hong Kong to circumvent United States export
controls; and
``(B) a list of all significant incidents in which
the Government of China used Hong Kong to circumvent
such controls during the reporting period.
``(2) In consultation with the Secretary of the Treasury
and the Secretary of Commerce--
``(A) an assessment of how the Government of China
uses Hong Kong to circumvent duties on merchandise
exported to the United States from the People's
Republic of China; and
``(B) a list of all significant incidents in which
the Government of China used Hong Kong to circumvent
such duties during the reporting period.
``(3) In consultation with the Secretary of the Treasury,
the Secretary of Homeland Security, and the Director of
National Intelligence--
``(A) an assessment of how the Government of China
uses Hong Kong to circumvent sanctions imposed by the
United States or pursuant to multilateral regimes; and
``(B) a list of all significant incidents in which
the Government of China used Hong Kong to circumvent
such sanctions during the reporting period.
``(4) In consultation with the Secretary of Homeland
Security and the Director of National Intelligence--
``(A) an assessment of how the Government of China
uses formal or informal means to extradite or
coercively move foreign nationals, including United
States persons, from Hong Kong to the People's Republic
of China; and
``(B) a list of foreign nationals, including United
States persons, who have been formally or informally
extradited or coercively moved from Hong Kong to the
People's Republic of China.
``(5) In consultation with the Secretary of Defense, the
Director of National Intelligence, and the Director of Homeland
Security--
``(A) an assessment of how the intelligence,
security, and law enforcement agencies of the
Government of China, including the Ministry of State
Security, the Ministry of Public Security, and the
People's Armed Police, use the Hong Kong Security
Bureau and other security agencies in Hong Kong to
conduct espionage on foreign nationals, including
United States persons, conduct influence operations, or
violate civil liberties guaranteed under the laws of
Hong Kong; and
``(B) a list of all significant incidents of such
espionage, influence operations, or violations of civil
liberties during the reporting period.
``(c) Form of Report; Availability.--
``(1) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
index.
``(2) Availability.--The unclassified portion of the report
required by subsection (a) shall be posted on a publicly
available internet website of the Department of State.
``(d) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, the
Committee on Finance, and the Select Committee on
Intelligence of the Senate; and
``(B) the Committee on Foreign Affairs, the
Committee on Financial Services, the Permanent Select
Committee on Intelligence, and the Committee on Ways
and Means of the House of Representatives.
``(2) Foreign national.--The term `foreign national' means
a person that is neither--
``(A) an individual who is a citizen or national of
the People's Republic of China; or
``(B) an entity organized under the laws of the
People's Republic of China or of a jurisdiction within
the People's Republic of China.
``(3) Reporting period.--The term `reporting period' means
the 5-year period preceding submission of the report required
by subsection (a).
``(4) United states person.--The term `United States
person' means--
``(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
``(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an
entity.''.
SEC. 446. MONITORING OVERCAPACITY OF INDUSTRIES IN THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Report on Overcapacity.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Commerce, in consultation with the United States
Trade Representative, shall submit to the Committee on Finance
of the Senate and the Committee on Ways and Means of the House
of Representatives a report on overcapacity of industries in
the People's Republic of China.
(2) Elements.--The report required by paragraph (1) shall
include--
(A) a determination on whether overcapacity exists
in any major industry in the People's Republic of
China; and
(B) a description of the effects of that
overcapacity on industry in the United States.
(b) Multilateral Negotiations.--
(1) In general.--Not later than 180 days after a positive
determination of overcapacity under subsection (a)(2)(A), the
United States Trade Representative shall enter into
negotiations at an appropriate multilateral institution to
which the United States is a party, as determined by the Trade
Representative, to reduce that overcapacity.
(2) Determination of substantial reduction.--Not later than
one year after the start of negotiations under paragraph (1),
and annually thereafter for the following 2 years, the Trade
Representative shall submit to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives a report containing a determination of whether
those negotiations are likely to lead to a substantive
reduction in the overcapacity described in that paragraph.
(c) Investigation Into Increased Imports.--If the Trade
Representative determines that negotiations under subsection (b) are
not likely to be successful with respect to overcapacity described in
that subsection, the United States International Trade Commission shall
initiate an investigation under section 202(b) of the Trade Act of 1974
(19 U.S.C. 2252(b)) to protect industry in the United States from
increases in imports that may result from that overcapacity.
SEC. 447. REPORT ON CURRENCY ISSUES WITH RESPECT TO THE PEOPLE'S
REPUBLIC OF CHINA.
Not later than 180 days after the date of enactment of this Act,
and every 180 days thereafter, the Secretary of the Treasury shall
submit to Congress a report analyzing the economic effects of the
People's Republic of China's movement towards a free floating currency,
including the effects on United States exports and economic growth and
job creation in the United States.
SEC. 448. REPORT ON EXPOSURE OF THE UNITED STATES TO THE FINANCIAL
SYSTEM OF THE PEOPLE'S REPUBLIC OF CHINA.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Secretary of the Treasury shall submit to
Congress a report on the exposure of the United States to the financial
sector of the People's Republic of China that includes--
(1) an assessment of the effects of reforms to the
financial sector of the People's Republic of China on the
United States and global financial systems;
(2) a description of the policies the United States
Government is adopting to protect the interests of the United
States while the financial sector of the People's Republic of
China undergoes such reforms; and
(3) recommendations for additional actions the United
States Government should take to protect such interests.
SEC. 449. REPORT ON THE EXTENT TO WHICH UNITED STATES ENTITIES ACROSS
INDUSTRIAL SECTORS SOURCE FROM THE PEOPLE'S REPUBLIC OF
CHINA AND USE CHINESE-OPERATED GLOBAL DISTRIBUTION
NETWORKS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Commerce shall submit to the appropriate
congressional committees a report regarding the degree to which private
entities in the United States across industrial sectors source from the
People's Republic of China and use Chinese-operated global distribution
networks.
SEC. 450. REPORT ON ANTICOMPETITIVE BEHAVIOR BY THE GOVERNMENT OF
CHINA.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Secretary of the Treasury, in consultation
with the Attorney General, the Federal Trade Commission, and such other
Federal officials as the Secretary considers appropriate, shall submit
to Congress a report on the economic effects of alleged anticompetitive
behavior by antitrust enforcers in the People's Republic of China.
SEC. 451. REPORT ON INVESTMENT RECIPROCITY BETWEEN THE UNITED STATES
AND THE PEOPLE'S REPUBLIC OF CHINA.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Treasury shall submit to Congress a report on
legislative or administrative action that would be necessary to permit
the President to condition the provision of access by Chinese investors
to the United States market on a reciprocal, sector-by-sector basis to
provide an equivalent level of market access as there is for United
States investors to the market of the People's Republic of China.
SEC. 452. STATEMENT OF POLICY TO ENCOURAGE THE DEVELOPMENT OF A
CORPORATE CODE OF CONDUCT FOR COUNTERING MALIGN INFLUENCE
IN THE PRIVATE SECTOR.
It is the policy of the United States--
(1) to support business practices that are open,
transparent, respect workers' rights, and are environmentally
conscious;
(2) to reaffirm the commitment of the United States to
economic freedom, which is the bedrock of the United States
economy and enables anyone in the United States to freely
conduct business and pursue the American dream;
(3) to support freedom of expression for all people;
(4) to promote the security of United States supply chains
and United States businesses against malign foreign influence;
(5) to welcome and commit to supporting business people
from the People's Republic of China who are in the United
States to pursue the American dream, free from restrictions and
surveillance, including freedom of inquiry and freedom of
expression, that may be proscribed or restricted in the
People's Republic of China;
(6) to condemn and oppose xenophobia and racial
discrimination in any form, including against Chinese
businesspeople, entrepreneurs, and visitors in the United
States;
(7) to recognize the threats posed to economic freedom and
freedom of expression by the Government of China, which are
seeking to influence and interfere with United States
businesses and distort United States markets for the gain of
the People's Republic of China, either directly or indirectly;
(8) to condemn the practice by the Government of China of
direct and indirect surveillance and censorship and acts of
retaliation by officials of that Government or their agents
against businesspeople or entrepreneurs, as well as harassment
of their family members in the People's Republic of China, for
the international business dealings of Chinese students and
scholars;
(9) to encourage United States businesses that conduct
substantial business with or in the People's Republic of China
to collectively develop and commit to using best practices to
ensure that their business in or with the People's Republic of
China is consistent with the policies of the United States; and
(10) to specifically encourage United States businesses to
develop and agree to a code of conduct for business with or in
the People's Republic of China, pursuant to which a United
States business would commit--
(A) to protect the free speech rights of its
employees to, in their personal capacities, express
views on global issues without fear that pressure from
the Government of China would result in them being
retaliated against by the business;
(B) to ensure that products and services made by
the business and sold in the People's Republic of China
do not enable the Government of China to undermine
fundamental rights and freedoms, for example by
facilitating repression and censorship;
(C) to maintain robust due diligence programs to
ensure that the business is not engaging in business
with--
(i) the military of the People's Republic
of China;
(ii) Chinese entities subject to United
States export controls; or
(iii) other Chinese actors that engage in
conduct prohibited by the law of the United
States;
(D) to disclose publicly any funding or support
received from Chinese diplomatic missions or other
entities linked to the Government of China;
(E) to help mentor and support businesspeople and
entrepreneurs from the People's Republic of China to
ensure that they can enjoy full economic freedom;
(F) to ensure that employees of the business in the
People's Republic of China are not subject to undue
influence by the Government of China at their
workplace; and
(G) to ensure that agreements and practices of the
business in the People's Republic of China ensure the
protection of intellectual property.
SEC. 453. ANALYSIS OF FOREIGN LAWS, POLICIES, AND PRACTICES THAT HARM
COMPETITION.
Section 181(a) of the Trade Act of 1974 (19 U.S.C. 2241(a)) is
amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) Inclusion of laws, policies, and practices that harm
competition.--
``(A) In general.--For calendar year 2021 and each
succeeding calendar year, the Trade Representative
shall include in the analyses and estimates under
paragraph (1) an identification and analysis of any
laws, policies, or practices of a foreign country that
are market-distorting so as to potentially harm
competition in the United States and violate antitrust
laws of the United States.
``(B) Reporting requirement.--In each report
required by subsection (b), the Trade Representative
shall include a description and estimate of the impact
of each law, policy, or practice identified under
subparagraph (A) on United States commerce.
``(C) Information sharing.--The Trade
Representative shall provide a list of the laws,
policies, and practices identified under subparagraph
(A), and any supporting information, to the Attorney
General and the Federal Trade Commission to develop
policy and research tools to promote competition and
inform the enforcement of antitrust laws.''.
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