I 

118TH CONGRESS 

2D SESSION H. R. 7476 

To counter the malign influence and theft perpetuated by the People’s 

Republic of China and the Chinese Communist Party. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 29, 2024 

Mr. HERN (for himself, Mr. WILSON of South Carolina, Mr. DUNCAN, Mr. 

GOODEN of Texas, Mr. CURTIS, Mrs. MCCLAIN, Mr. HIGGINS of Louisiana, Mrs. HARSHBARGER, Mr. BURCHETT, Mrs. CAMMACK, Ms. VAN

DUYNE, Mr. LAMALFA, Mr. TIFFANY, Mr. PFLUGER, Mr. 

RESCHENTHALER, Mr. ROUZER, Mr. DUNN of Florida, Mr. 

FLEISCHMANN, Mr. MOONEY, Mr. EDWARDS, Ms. GREENE of Georgia, 

Mr. COLLINS, Mr. BURLISON, Mr. ELLZEY, Mr. MIKE GARCIA of California, Mr. LANGWORTHY, Mr. BABIN, Mr. BEAN of Florida, Mr. LAMBORN, Mr. WEBSTER of Florida, Mr. BAIRD, Mr. KELLY of Pennsylvania, 

Mr. SCOTT FRANKLIN of Florida, Mr. FULCHER, Mr. EZELL, Mr. FRY, 

Mr. ARRINGTON, Mr. HILL, Mr. BERGMAN, Mr. VAN DREW, and Mr. 

MOORE of Alabama) introduced the following bill; which was referred to 

the Committee on Foreign Affairs, and in addition to the Committees on 

Financial Services, Ways and Means, Rules, the Judiciary, Oversight and 

Accountability, Energy and Commerce, Intelligence (Permanent Select), 

Agriculture, Science, Space, and Technology, Natural Resources, Education and the Workforce, Armed Services, Transportation and Infrastructure, and Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To counter the malign influence and theft perpetuated by 

the People’s Republic of China and the Chinese Communist Party. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Countering Communist China Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

TITLE I—MATTERS RELATED TO TRADE, INVESTMENT, AND 

ECONOMIC RELATIONS 

TITLE II—MATTERS RELATING TO COUNTERING CHINA’S MALIGN 

INFLUENCE 

TITLE III—MATTERS RELATING TO MEDICAL AND NATIONAL 

SECURITY SUPPLY CHAINS 

TITLE IV—MATTERS RELATING TO RESEARCH AND 

DEVELOPMENT 

TITLE V—MATTERS RELATED TO EDUCATION 

TITLE VI—MATTERS RELATED TO DEMOCRACY, HUMAN RIGHTS 

AND TAIWAN 

TITLE VII—MATTERS RELATED TO DEFENSE 

TITLE VIII—MATTERS RELATED TO THE PROTECTION OF 

INTELLECTUAL PROPERTY 

TITLE IX—MATTERS RELATED TO FINANCIAL SERVICES 

TITLE X—OFFSETS 

XI—NATIONAL SECURITY AUTHORIZATIONS 

XII—FENTANYL 

XIII—ENERGY 

8 SEC. 2. FINDINGS. 

9 Congress finds the following: 

10 (1) The People’s Republic of China and the 

11 Chinese Communist Party represent the foremost 

12 national security threat faced by the United States. 


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1 (2) The People’s Republic of China and the 

2 Chinese Communist Party are founded on the prin3 ciples antithetical to human freedom and dignity in4 cluding Communism and authoritarianism. 

5 (3) The People’s Republic of China and the 

6 Chinese Communist Party seek to undermine free 

7 societies around the world and establish an alter8 native world order rooted in authoritarianism. 

9 (4) In November 2012, at the 17th CCP Con10 gress, General Secretary Xi Jinping first announced 

11 his vision for achieving ‘‘the Chinese dream of na12 tional rejuvenation’’ and military and economic 

13 dominance. 

14 (5) The People’s Republic of China currently 

15 has the world’s second-largest economy in terms of 

16 nominal GDP ($14.14 trillion) and the largest in 

17 terms of purchasing power parity (PPP) GDP 

18 ($27.31 trillion). In 2000, the People’s Republic of 

19 China controlled only 4 percent of the global econ20 omy, and the United States controlled 31 percent. 

21 Today, the People’s Republic of China stands at 15 

22 percent and the United States share has dropped to 

23 24 percent. 

24 (6) The growth of the People’s Republic of Chi25 na’s centrally controlled economy has been fueled 


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1 largely by tools of economic coercion, including intel2 lectual property theft and economic espionage of 

3 U.S. companies. In 2019 alone, one in five North 

4 American-based companies said that Chinese firms 

5 had stolen their intellectual property (IP) within the 

6 last year. 

7 (7) Former Secretary of Defense Mark Esper 

8 has stated that the People’s Republic of China ‘‘is 

9 perpetrating the greatest intellectual property theft 

10 in human history’’. 

11 (8) In addition to its economic aggression and 

12 military modernization, the People’s Republic of 

13 China conducts political warfare and disinformation 

14 campaigns against the United States and other de15 mocracies. It frequently targets academia, the 

16 media, business, and cultural institutions to sup17 press criticism and promote positive views of the 

18 CCP. 

19 (9) The foremost victims of the People’s Repub20 lic of China and the Chinese Communist Party are 

21 the Chinese people who continue to suffer under 

22 communist authoritarian rule. 

23 (10) The People’s Republic of China continues 

24 to perpetuate a genocide against the Uyghur Mus25 lims in Xinjiang province, in addition to brutal 


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1 crackdowns against the people of Tibet and Hong 

2 Kong. 

3 (11) The CCP continues to obfuscate the ori4 gins of the COVID–19 pandemic which started in 

5 Wuhan, China and has refused to allow an impartial 

6 international investigation into the origins of the 

7 pandemic. 

8 (12) Manifestations of expressions of racism, 

9 bigotry, discrimination, anti-Asian rhetoric, and xen10 ophobia against people of Asian descent are contrary 

11 to the values we hold dearest as Americans, counter12 productive to countering the CCP’s malign influence, 

13 and denounced by the Congress of the United 

14 States. 

15 SEC. 3. SEVERABILITY. 

16 If any provision of this Act, or an amendment made 

17 by this Act, or the application of such provision or amend18 ment to any person or circumstance, is held to be invalid, 

19 the remainder of this Act, the amendments made by this 

20 Act, and the application of such provision and amend21 ments to other persons or circumstances, shall not be af22 fected. 


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1 TITLE I—MATTERS RELATED TO 

2 TRADE, INVESTMENT, AND 

3 ECONOMIC RELATIONS 

4 SEC. 101. PREVENTING ADVERSARIES FROM DEVELOPING 

5 CRITICAL CAPABILITIES. 

6 (a) SHORT TITLE.—This section may be cited as the 

7 ‘‘Preventing Adversaries from Developing Critical Capa8 bilities Act’’. 

9 (b) EXERCISE OF AUTHORITIES UNDER THE INTER10 NATIONAL EMERGENCY ECONOMIC POWERS ACT.— 

11 (1) IN GENERAL.—The President may exercise 

12 all authorities provided under the International 

13 Emergency Economic Powers Act (50 U.S.C. 1701 

14 et seq.) necessary to carry out the provisions of this 

15 section, including authorities to impose penalties 

16 under section 206 of such Act. 

17 (2) DELEGATION.—The President may delegate 

18 the authorities described in paragraph (1) to the 

19 head of any Federal agency the President deter20 mines appropriate in order to carry out the provi21 sions of this section. 

22 (c) PROHIBITION ON COVERED ACTIVITIES IN COV23 ERED SECTORS THAT POSE PARTICULARLY ACUTE

24 THREATS TO UNITED STATES NATIONAL SECURITY.— 


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1 (1) IDENTIFICATION OF CATEGORIES OF TECH2 NOLOGIES AND PRODUCTS.— 

3 (A) IN GENERAL.—Not later than one year 

4 after the date of the enactment of this Act, and 

5 annually thereafter as described in subpara6 graph (B), the President— 

7 (i) shall identify categories of tech8 nologies and products in covered sectors 

9 that may pose a particularly acute threat 

10 to the national security of the United 

11 States if developed or acquired by a coun12 try of concern; and 

13 (ii) publish a list of the categories of 

14 technologies and products identified under 

15 subparagraph (A) in the Federal Register. 

16 (B) UPDATES.—The President shall annu17 ally review and update the list of the categories 

18 of technologies and products identified under 

19 subparagraph (A)(i) and update the Federal 

20 Register under subparagraph (A)(ii) as appro21 priate. 

22 (2) PROHIBITION ON COVERED ACTIVITIES.— 

23 The President shall, on or after the date on which 

24 the initial list of categories of technologies and prod25 ucts is published in the Federal Register pursuant to 


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1 paragraph (1)(A)(ii), prescribe, subject to public no2 tice and comment, regulations to prohibit a United 

3 States person from engaging, directly or indirectly, 

4 in a covered activity involving a category of tech5 nologies and products on such list of categories of 

6 technologies and products in a covered sector. Such 

7 regulations should— 

8 (A) require that a United States person 

9 take all reasonable steps to prohibit and prevent 

10 any transaction by a foreign entity under the 

11 control of the United States person that would 

12 be a prohibited transaction if engaged in by a 

13 United States person; and 

14 (B) exclude any transaction consisting of 

15 the acquisition of an equity or other interest in 

16 an entity located outside a country of concern, 

17 where the President has determined that the 

18 government of the country in which that entity 

19 is established or has its principal place of busi20 ness has in place a program for the restriction 

21 of certain activities involving countries of con22 cern that is comparable to the provisions pro23 vided for in this Act. 

24 (3) SENSE OF CONGRESS.—It is the sense of 

25 Congress that the covered sectors include certain 


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1 categories of technologies and products that would 

2 pose a particularly acute threat to the national secu3 rity of the United States if developed or acquired by 

4 a country of concern, and that the President should 

5 identify certain technologies and products in the cov6 ered sectors as categories of technologies and prod7 ucts in covered sectors for purposes of paragraph 

8 (1)(A). 

9 (d) MANDATORY NOTIFICATION OF COVERED AC10 TIVITIES IN COVERED SECTORS THAT MAY POSE

11 THREATS TO UNITED STATES NATIONAL SECURITY.— 

12 (1) IDENTIFICATION OF CATEGORIES OF TECH13 NOLOGIES AND PRODUCTS.—Not later than one year 

14 after the date of the enactment of this Act, the 

15 President shall— 

16 (A) identify categories of technologies and 

17 products in covered sectors that may pose a 

18 threat to the national security of the United 

19 States if developed or acquired by a country of 

20 concern; 

21 (B) publish a list of the categories of tech22 nologies and products identified under subpara23 graph (A) in the Federal Register; and 

24 (C) annually thereafter, review the cat25 egories of technologies and products identified 


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1 under subparagraph (A) and publish an up2 dated list of the categories of technologies and 

3 products in the Federal Register under sub4 paragraph (B) if the list identified in subpara5 graph (B) has changed. 

6 (2) MANDATORY NOTIFICATION.— 

7 (A) IN GENERAL.—Beginning on the date 

8 that is 90 days after the date on which the ini9 tial list of categories of technologies and prod10 ucts is published in the Federal Register pursu11 ant to paragraph (1)(B), a United States per12 son engaging in a covered activity involving a 

13 category identified in paragraph (1)(A), or con14 trolling a foreign entity engaging in an activity 

15 that would be a covered activity if engaged in 

16 by a United States person, shall submit to the 

17 President a complete written notification of the 

18 activity not later than 14 days after the comple19 tion date of the activity. 

20 (B) CIRCULATION OF NOTIFICATION.— 

21 (i) IN GENERAL.—The President 

22 shall, upon receipt of a notification under 

23 subparagraph (A), promptly inspect the 

24 notification for completeness. 


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1 (ii) INCOMPLETE NOTIFICATION.—If a 

2 notification submitted under subparagraph 

3 (A) is incomplete, the President shall 

4 promptly inform the United States person 

5 that submits the notification that the noti6 fication is not complete and provide an ex7 planation for relevant material respect in 

8 which the notification is not complete. 

9 (C) IDENTIFICATION OF NON-NOTIFIED

10 ACTIVITY.—The President shall establish a 

11 process to identify a covered activity involving a 

12 category identified under paragraph (1)(A) for 

13 which— 

14 (i) a notification is not submitted to 

15 the President under subparagraph (A); and 

16 (ii) information is reasonably avail17 able. 

18 (3) CONFIDENTIALITY OF INFORMATION.— 

19 (A) IN GENERAL.—Except as provided in 

20 subparagraph (B), any information or docu21 mentary material filed with the President pur22 suant to this section shall be exempt from dis23 closure under section 552(b)(3) of title 5, 

24 United States Code, and no such information or 


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1 documentary material may be made public by 

2 any government agency or Member of Congress. 

3 (B) EXCEPTIONS.—Subject to appropriate 

4 confidentiality and classification requirements, 

5 the exemption from disclosure provided by sub6 paragraph (A) shall not prevent the disclosure 

7 of the following: 

8 (i) Information relevant to any admin9 istrative or judicial action or proceeding. 

10 (ii) Information provided to Congress 

11 or any of the appropriate congressional 

12 committees. 

13 (iii) Information important to national 

14 security analysis or actions of the Presi15 dent to any domestic government entity, or 

16 to any foreign governmental entity of an 

17 ally or partner of the United States, under 

18 the direction and authorization of the 

19 President, only to the extent necessary for 

20 national security purposes. 

21 (iv) Information that the parties have 

22 consented to be disclosed to third parties. 

23 (e) REPORTING REQUIREMENTS.— 

24 (1) IN GENERAL.—Not later than one year 

25 after the date on which the regulations prescribed 


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1 under subsection (f) take effect, and not less fre2 quently than annually thereafter, the President shall 

3 submit to the appropriate congressional committees 

4 a report that— 

5 (A) lists all notifications submitted under 

6 subsection (d)(2) during the year preceding 

7 submission of the report, disaggregated by— 

8 (i) sector; 

9 (ii) covered activity; 

10 (iii) covered foreign entity; and 

11 (iv) country of concern; 

12 (B) an assessment of whether to amend 

13 the regulations, including whether to amend the 

14 definition of ‘‘covered sectors’’ to enhance na15 tional security; 

16 (C) provides additional context and infor17 mation regarding trends in the sectors, the 

18 types of covered activity, and the countries in19 volved in those notifications, including— 

20 (i) the location of the relevant covered 

21 foreign entities; and 

22 (ii) the country in which the United 

23 States person or foreign entity controlled 

24 by such United States person involved in 

25 the relevant covered activity is located; and 


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1 (D) assesses the overall impact of those 

2 notifications, including recommendations for— 

3 (i) expanding existing Federal pro4 grams to support the production or supply 

5 of covered sectors in the United States, in6 cluding the potential of existing authorities 

7 to address any related national security 

8 concerns; and 

9 (ii) the continuation, expansion, or 

10 modification of the implementation and ad11 ministration of this section. 

12 (2) FORM.—Each report required by this sec13 tion shall be submitted in unclassified form, but may 

14 include a classified annex. 

15 (3) PROHIBITION ON DISCLOSURE.—Informa16 tion contained in each report required by this section 

17 may be withheld from disclosure only to the extent 

18 otherwise permitted by statute, except that all infor19 mation included pursuant to paragraph (1)(A) shall 

20 be withheld from public disclosure. 

21 (f) REQUIREMENT FOR REGULATIONS.— 

22 (1) IN GENERAL.—Not later than 180 days 

23 after the date on which the initial list of categories 

24 of technologies and products have been published in 

25 the Federal Register pursuant to sections 


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1 (c)(1)(A)(i) and (d)(1)(B), the President shall pre2 scribe and finalize proposed regulations to carry out 

3 this Act. 

4 (2) ELEMENTS.—Regulations prescribed to 

5 carry out this section shall specify— 

6 (A) the types of activities that will be con7 sidered to be covered activities; 

8 (B) the technologies and products in cov9 ered sectors with respect to which covered ac10 tivities are prohibited under subsection (c)(2) or 

11 require a notification under subsection (d)(2); 

12 and 

13 (C) a process by which parties can ask 

14 questions and get timely guidance as to whether 

15 a covered activity is prohibited under subsection 

16 (c)(2) or requires a notification under sub17 section (d)(2). 

18 (3) REQUIREMENTS FOR CERTAIN REGULA19 TIONS.—The President shall prescribe regulations 

20 further defining the terms used in this Act, includ21 ing the terms ‘‘covered activity’’, ‘‘covered foreign 

22 entity’’, and ‘‘party’’, to maximize the effectiveness 

23 of carrying out this Act in accordance with sub24 chapter II of chapter 5 and chapter 7 of title 5 


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1 (commonly known as the ‘‘Administrative Procedure 

2 Act’’). 

3 (4) PUBLIC NOTICE AND COMMENT.—Regula4 tions issued pursuant to paragraph (1) shall be sub5 ject to public notice and comment. 

6 (5) LOW-BURDEN REGULATIONS.—In pre7 scribing regulations under this section, the President 

8 shall, to the extent practicable, structure the regula9 tions— 

10 (A) to minimize the cost and complexity of 

11 compliance for affected parties; 

12 (B) to ensure the benefits of the regula13 tions outweigh their costs; 

14 (C) to adopt the least burdensome alter15 native that achieves regulatory objectives; 

16 (D) to prioritize transparency and stake17 holder involvement in the process of prescribing 

18 the regulations; and 

19 (E) to regularly review and streamline ex20 isting regulations promulgated pursuant to this 

21 Act to reduce redundancy and complexity. 

22 (6) PENALTIES WITH RESPECT TO UNLAWFUL

23 ACTS.—Regulations issued under this section shall, 

24 consistent with the authority provided by subsection 


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1 (b)(1), provide for the imposition of civil penalties 

2 for violations of this section, that involve— 

3 (A) engaging in a covered activity prohib4 ited under subsection (c)(2) pursuant to the 

5 regulations issued under this section; 

6 (B) failing to submit a timely notification 

7 under subsection (d)(2) with respect to a cov8 ered activity or to submit other information as 

9 required by the designated agency; or 

10 (C) submitting a material misstatement or 

11 omitting a material fact in any information sub12 mitted in a notification under subsection (d)(2). 

13 (7) ENFORCEMENT.—Consistent with the au14 thority provided by subsection (b)(1), the President 

15 may direct the Attorney General to seek appropriate 

16 relief in the district courts of the United States, in 

17 order to implement and enforce this Act. 

18 (8) CONGRESSIONAL NOTIFICATION.—The 

19 President shall submit to the appropriate congres20 sional committees all regulations prescribed to carry 

21 out this Act not later than 30 days before such regu22 lations are to take effect. 

23 (g) MULTILATERAL ENGAGEMENT AND COORDINA24 TION.— 


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1 (1) IN GENERAL.—The President shall delegate 

2 the authorities and functions under this section to 

3 the Secretary of State. 

4 (2) AUTHORITIES.—The Secretary of State, in 

5 coordination with the heads or other relevant Fed6 eral agencies, should— 

7 (A) conduct bilateral and multilateral en8 gagement with the governments of countries 

9 that are allies and partners of the United 

10 States to promote and increase coordination of 

11 protocols and procedures to facilitate the effec12 tive implementation of and appropriate compli13 ance with the prohibitions and notifications 

14 pursuant to this Act; 

15 (B) upon adoption of protocols and proce16 dures described in subparagraph (A), work with 

17 those governments to establish mechanisms for 

18 sharing information, including trends, with re19 spect to such activities; and 

20 (C) work with and encourage the govern21 ments of countries that are allies and partners 

22 of the United States to develop similar mecha23 nisms of their own. 

24 (3) STRATEGY FOR MULTILATERAL ENGAGE25 MENT AND COORDINATION.—Not later than 180 


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1 days after the date of the enactment of this Act, the 

2 Secretary of State, in coordination with the heads of 

3 other relevant Federal agencies, should— 

4 (A) develop a strategy to work with the 

5 governments of countries that are allies and 

6 partners of the United States to develop mecha7 nisms that are comparable to the prohibitions 

8 and notifications pursuant to this Act; and 

9 (B) assess opportunities to provide tech10 nical assistance to those countries with respect 

11 to the development of those mechanisms. 

12 (4) REPORT.—Not later than one year after the 

13 date of the enactment of this Act, and annually 

14 thereafter for 4 years, the Secretary of State shall 

15 submit to the appropriate congressional committees 

16 a report that includes— 

17 (A) a discussion of any strategy developed 

18 pursuant to paragraph (3)(A), including key 

19 tools and objectives for the development of com20 parable mechanisms by the governments of al21 lies and partners of the United States; 

22 (B) a list of partner and allied countries to 

23 target for cooperation in developing their own 

24 screening programs; 


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1 (C) the status of the strategy’s implemen2 tation and outcomes; and 

3 (D) a description of impediments to the es4 tablishment of comparable mechanisms by gov5 ernments of allies and partners of the United 

6 States. 

7 (h) AUTHORIZATION OF APPROPRIATIONS.— 

8 (1) IN GENERAL.—There is authorized to be 

9 appropriated $25,000,000, to be derived from 

10 amounts otherwise authorized to be appropriated to 

11 the President, for each of the first two fiscal years 

12 beginning on or after the date of the enactment of 

13 this Act, to carry out this Act, including to provide 

14 outreach to industry and persons affected by this 

15 Act. 

16 (2) HIRING AUTHORITY.— 

17 (A) PRESIDENT.—The President may ap18 point, without regard to the provisions of sec19 tions 3309 through 3318 of title 5, United 

20 States Code, not more than 15 candidates di21 rectly to positions in the competitive service (as 

22 defined in section 2102 of that title). 

23 (B) AGENCY.—The head of the Federal 

24 department or agency designated under sub25 section (c)(2) to hold primary responsibility for 


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1 administering this Act may appoint, without re2 gard to the provisions of sections 3309 through 

3 3318 of title 5, United States Code, not fewer 

4 than 25 candidates directly to positions in the 

5 competitive service (as defined in section 2102 

6 of that title) of such department or agency. 

7 (C) PRIMARY RESPONSIBILITY.—The pri8 mary responsibility of individuals in positions 

9 authorized to be hired under this subsection 

10 shall be to administer this Act. 

11 (i) RULE OF CONSTRUCTION.—Nothing in this Act 

12 may be construed to— 

13 (1) restrain or deter United States activities 

14 abroad if such activities do not pose a risk to the na15 tional security of the United States; or 

16 (2) alter or negate the authority of the Presi17 dent under any authority, process, regulation, inves18 tigation, enforcement measure, or review provided by 

19 or established under any other provision of Federal 

20 law, or any other authority of the President or the 

21 Congress under the Constitution of the United 

22 States. 

23 (j) NATIONAL INTEREST WAIVER.— 

24 (1) IN GENERAL.—Subject to paragraph (2), 

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1 plicable prohibition or notification requirement any 

2 activity determined by the President, in consultation 

3 with the heads of relevant Federal agencies, as ap4 propriate, to be in the national interest of the 

5 United States. 

6 (2) CONGRESSIONAL NOTIFICATION.—The 

7 President shall— 

8 (A) notify the appropriate congressional 

9 committees not later than 48 hours after 

10 issuing a waiver under paragraph (1); and 

11 (B) include in such notification an identi12 fication of the national interest justifying the 

13 use of the waiver. 

14 (k) DEFINITIONS.—In this Act: 

15 (1) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘‘appropriate congressional com17 mittees’’ means— 

18 (A) the Committee on Foreign Affairs, the 

19 Committee on Financial Services, the Com20 mittee on Ways and Means, the Committee on 

21 Appropriations, and the Permanent Select Com22 mittee on Intelligence of the House of Rep23 resentatives; and 

24 (B) the Committee on Foreign Relations, 

25 the Committee on Banking, Housing, and 


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1 Urban Affairs, the Committee on Finance, the 

2 Committee on Appropriations, and the Select 

3 Committee on Intelligence of the Senate. 

4 (2) COUNTRY OF CONCERN.—The term ‘‘coun5 try of concern’’— 

6 (A) means— 

7 (i) the Democratic People’s Republic 

8 of North Korea; 

9 (ii) the People’s Republic of China, in10 cluding the Hong Kong Special Adminis11 trative Region and the Macau Special Ad12 ministrative Region; 

13 (iii) the Russian Federation; and 

14 (iv) the Islamic Republic of Iran; and 

15 (B) includes any other country the Presi16 dent determines necessary to ensure a country 

17 specified in clause (i), (ii), (iii), or (iv) of sub18 paragraph (A) is unable to circumvent the pro19 visions of this Act and the regulations issued 

20 pursuant to this Act. 

21 (3) COVERED ACTIVITY.— 

22 (A) IN GENERAL.—Subject to such regula23 tions as may be prescribed in accordance with 

24 subsection (g), and except as provided in sub25 paragraph (B), the term ‘‘covered activity’’ 


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1 means any activity engaged in by a United 

2 States person that involves— 

3 (i) an acquisition by such United 

4 States person of an equity interest or con5 tingent equity interest, or monetary capital 

6 contribution, in a covered foreign entity, 

7 directly or indirectly, by contractual com8 mitment or otherwise, with the goal of gen9 erating income or gain; 

10 (ii) an arrangement for an interest 

11 held by such United States person in the 

12 short- or long-term debt obligations of a 

13 covered foreign entity that includes govern14 ance rights that are characteristic of an 

15 equity investment, management, or other 

16 important rights; 

17 (iii) the establishment of a wholly 

18 owned subsidiary in a country of concern, 

19 such as a greenfield investment, for the 

20 purpose of production, design, testing, 

21 manufacturing, fabrication, or development 

22 related to one or more covered sectors; 

23 (iv) the establishment by such United 

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1 tity for the purpose of production, design, 

2 testing, manufacturing, fabrication, or re3 search, or other contractual or other com4 mitments involving a covered foreign entity 

5 to jointly research and develop new innova6 tion, including through the transfer of cap7 ital or intellectual property or other busi8 ness proprietary information; or 

9 (v) the acquisition by a United States 

10 person with a covered foreign entity of— 

11 (I) operational cooperation, such 

12 as through supply or support arrange13 ments; 

14 (II) the right to board represen15 tation (as an observer, even if limited, 

16 or as a member) or an executive role 

17 (as may be defined through regula18 tion) in a covered foreign entity; 

19 (III) the ability to direct or influ20 ence such operational decisions as 

21 may be defined through such regula22 tions; 

23 (IV) formal governance represen24 tation in any operating affiliate, such 


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1 as a portfolio company, of a covered 

2 foreign entity; or 

3 (V) a new relationship to share 

4 or provide business services, such as 

5 financial services, marketing services, 

6 maintenance, or assembly functions; 

7 or 

8 (vi) knowingly directing transactions 

9 by foreign persons that would constitute 

10 covered activity if engaged in by a United 

11 States person. 

12 (B) EXCEPTIONS.—The term ‘‘covered ac13 tivity’’ does not include— 

14 (i) any transaction the value of which 

15 the President determines is de minimis, as 

16 defined in regulations prescribed in accord17 ance with subsection (f); 

18 (ii) any category of transactions that 

19 the President determines is in the national 

20 interest of the United States, as may be 

21 defined in regulations prescribed in accord22 ance with subsection (f); 

23 (iii) an investment in— 

24 (I) a publicly traded security (as 

25 such term is defined in section 


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1 3(a)(10) of the Securities Exchange 

2 Act of 1934); 

3 (II) an index fund, mutual fund, 

4 exchange-traded fund, or a similar in5 strument (including associated deriva6 tives) offered by an investment com7 pany (as such term is defined in sec8 tion 3(a)(1) of the Investment Com9 pany Act of 1940), or by a private in10 vestment fund; or 

11 (III) a venture capital fund, pri12 vate equity fund, fund of funds, or 

13 other pooled investment funds, as the 

14 limited partner, in each case in which 

15 the limited partner’s contribution is 

16 solely capital in a limited partnership 

17 structure and— 

18 (aa) the limited partner can19 not make managerial decisions, is 

20 not responsible for any debts be21 yond its investment, and does not 

22 have the ability (formally or in23 formally) to influence or partici24 pate in the fund’s or a covered 


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1 foreign entity’s decision making 

2 or operations; and 

3 (bb) the investment is below 

4 a de minimis threshold to be de5 termined by the President; 

6 (iv) the acquisition of the equity or 

7 other interest owned or held by a covered 

8 foreign entity in an entity or assets located 

9 outside of a country of concern in which 

10 the United States person is acquiring all 

11 interests in the entity or assets held by 

12 covered foreign entity; 

13 (v) an intracompany transfer of funds 

14 from a United States parent company to a 

15 subsidiary located in a country of concern; 

16 (vi) a transaction made pursuant to a 

17 binding, uncalled capital commitment en18 tered into before the date on which the 

19 regulations prescribed in accordance with 

20 section 6 take effect; or 

21 (vii) any ordinary or administrative 

22 business transaction as may be defined in 

23 such regulations. 

24 (4) COVERED FOREIGN ENTITY.—Subject to 

25 regulations prescribed in accordance with subsection 


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1 (f), the term ‘‘covered foreign entity’’ means the fol2 lowing: 

3 (A) Any entity that is incorporated in, has 

4 a principal place of business in, or is organized 

5 under the laws of a country of concern. 

6 (B) Any entity the equity securities of 

7 which are traded in the ordinary course of busi8 ness on one or more exchanges in a country of 

9 concern. 

10 (C) Any agency or instrumentality of the 

11 government of a country of concern. 

12 (D) Any other entity that is not a United 

13 States person and that meets such criteria as 

14 may be specified by the President in such regu15 lations prescribed in accordance with subsection 

16 (f). 

17 (5) COVERED SECTORS.—Subject to regulations 

18 prescribed in accordance with subsection (f), the 

19 term ‘‘covered sectors’’ includes sectors within the 

20 following areas: 

21 (A) Semiconductors and microelectronics. 

22 (B) Artificial intelligence. 

23 (C) Quantum information science and 

24 technology. 

25 (D) Hypersonics. 


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1 (E) High-performance computing and 

2 supercomputing. 

3 (F) Biotechnology. 

4 (G) Satellite communication. 

5 (6) PARTY.—The term ‘‘party’’, with respect to 

6 an activity, has the meaning given that term in reg7 ulations prescribed in accordance with subsection 

8 (g). 

9 (7) UNITED STATES PERSON.—The term 

10 ‘‘United States person’’ means— 

11 (A) an individual who is a United States 

12 citizen or an alien lawfully admitted for perma13 nent residence to the United States; or 

14 (B) an entity organized under the laws of 

15 the United States or of any jurisdiction within 

16 the United States, including any foreign branch 

17 of such an entity. 

18 SEC. 102. SANCTIONS WITH RESPECT TO COMMUNIST CHI19 NESE MILITARY AND SURVEILLANCE COMPA20 NIES. 

21 (a) IN GENERAL.—Not later than 180 days after the 

22 date of the enactment of this Act, the President shall im23 pose the sanctions described in subsection (e) with respect 

24 to any foreign person determined by the Secretary of the 

25 Treasury, in consultation with the Secretary of State and, 


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1 as the Secretary of the Treasury determines appropriate, 

2 the Secretary of Defense, to knowingly engage in signifi3 cant operations in the defense and related materiel sector 

4 or the surveillance technology sector of the economy of the 

5 People’s Republic of China. 

6 (b) ANNUAL DETERMINATION AND REPORT.—Not 

7 less frequently than annually, the Secretary of the Treas8 ury shall— 

9 (1) undertake the determination described 

10 under subsection (a) with respect to foreign persons 

11 listed in the Annex to Executive Order 14032 (as 

12 amended by any revision to such Annex); and 

13 (2) submit a report explaining the results of the 

14 determination to the appropriate congressional com15 mittees. 

16 (c) ASSESSMENT.—For the purpose of making the 

17 determination described under subsection (a), the Sec18 retary of the Treasury, in consultation with the Secretary 

19 of State, the Secretary of Commerce, and the Secretary 

20 of Defense, shall— 

21 (1) assess whether, under existing authorities, 

22 sanctions should be imposed with respect to the ac23 tivities of— 

24 (A) foreign persons listed on the Military 

25 End User List (Supplement No. 7 to part 744 


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1 of the Export Administration Regulations) that 

2 are located in the People’s Republic of China; 

3 (B) foreign persons listed by the Depart4 ment of Commerce on the Denied Persons List 

5 or the Entity List (Supplement No. 4 to part 

6 744 of the Export Administration Regulations) 

7 that are located in the People’s Republic of 

8 China; or 

9 (C) foreign persons listed pursuant to sec10 tion 1260H of the William M. (Mac) Thorn11 berry National Defense Authorization Act for 

12 Fiscal Year 2021 (10 U.S.C. 113 note); and 

13 (2) submit a report to the appropriate congres14 sional committees summarizing such assessment, 

15 which shall include an explanation of why the sanc16 tions described under subsection (e) may not be ap17 plicable to foreign persons included on the lists de18 scribed under paragraph (1). 

19 (d) CONSIDERATION OF CERTAIN ACTIVITIES.—For 

20 the purpose of making the determination described under 

21 subsection (a), the Secretary of the Treasury may, to the 

22 extent practicable, focus particular attention on foreign 

23 persons engaging in any of the following: 

24 (1) Artificial intelligence, machine learning, au25 tonomy, and related advances. 


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1 (2) High-performance computing, semiconduc2 tors, and advanced computer hardware and software. 

3 (3) Quantum information science and tech4 nology. 

5 (4) Robotics, automation, and advanced manu6 facturing. 

7 (5) Advanced communications technology and 

8 immersive technology. 

9 (6) Biotechnology, medical technology, 

10 genomics, and synthetic biology. 

11 (7) Data storage, data management, and cyber12 security, including biometrics. 

13 (8) Advanced materials science, including com14 posites and 2D materials. 

15 (e) SANCTIONS DESCRIBED.—The President shall ex16 ercise all of the powers granted to the President under 

17 the International Emergency Economic Powers Act (50 

18 U.S.C. 1701 et seq.) to the extent necessary to block and 

19 prohibit all transactions in property and interests in prop20 erty of a foreign person if such property and interests in 

21 property— 

22 (1) are in the United States; 

23 (2) come within the United States; or 

24 (3) come within the possession or control of a 

25 United States person. 


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1 (f) IMPLEMENTATION.—The President may exercise 

2 all authorities provided under sections 203 and 205 of the 

3 International Emergency Economic Powers Act (50 

4 U.S.C. 1702 and 1704) to carry out this section. 

5 (g) PENALTIES.—The penalties set forth in section 

6 206 of the International Emergency Economic Powers Act 

7 (50 U.S.C. 1705) apply to violations of any license, order, 

8 or regulation issued under this section. 

9 (h) WAIVER.—The President may waive the applica10 tion of sanctions under this section, for renewable periods 

11 of one year, if the President certifies in writing to the ap12 propriate congressional committees that the waiver is in 

13 the national interest of the United States, with an expla14 nation of the reasons therefor. In lieu of the imposition 

15 of such sanctions, the President shall prohibit the pur16 chase or sale of any publicly traded securities, or any pub17 licly traded securities that are derivative of such securities, 

18 issued by any person with respect to which sanctions were 

19 waived. 

20 (i) EXCEPTIONS.— 

21 (1) INTELLIGENCE AND LAW ENFORCEMENT

22 ACTIVITIES.—Sanctions under this section shall not 

23 apply with respect to— 


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1 (A) any activity subject to the reporting 

2 requirements under title V of the National Se3 curity Act of 1947 (50 U.S.C. 3091 et seq.); or 

4 (B) any authorized intelligence or law en5 forcement activities of the United States. 

6 (2) UNITED STATES GOVERNMENT ACTIVI7 TIES.—Nothing in this section shall prohibit trans8 actions for the conduct of the official business of the 

9 Federal Government by employees, grantees, or con10 tractors thereof. 

11 (3) HUMANITARIAN ACTIVITIES.—The Presi12 dent may not impose sanctions under this section 

13 with respect to any person for conducting or facili14 tating a transaction for the sale of agricultural com15 modities, food, medicine, or medical devices or for 

16 the provision of humanitarian assistance. 

17 (j) EXCEPTION RELATING TO IMPORTATION OF

18 GOODS.— 

19 (1) IN GENERAL.—The authorities and require20 ments to impose sanctions authorized under this sec21 tion shall not include the authority or requirement 

22 to impose sanctions on the importation of goods. 

23 (2) GOOD DEFINED.—In this subsection, the 

24 term ‘‘good’’ means any article, natural or manmade 

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1 uct, including inspection and test equipment, and ex2 cluding technical data. 

3 (k) DEFINITIONS.—In this section— 

4 (1) the term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committee on Foreign Affairs and 

7 the Committee on Financial Services of the 

8 House of Representatives; and 

9 (B) the Committee on Foreign Relations 

10 and the Committee on Banking, Housing, and 

11 Urban Affairs of the Senate; 

12 (2) the term ‘‘foreign person’’ means an indi13 vidual or entity that is not a United States person; 

14 (3) the term ‘‘United States person’’ means— 

15 (A) a United States citizen or an alien law16 fully admitted for permanent residence to the 

17 United States; 

18 (B) an entity organized under the laws of 

19 the United States or of any jurisdiction within 

20 the United States, including a foreign branch of 

21 such an entity; or 

22 (C) a person in the United States; and 

23 (4) the term ‘‘knowingly’’ with respect to con24 duct, a circumstance, or a result, means that a perVerDate Sep 11 2014 16:25 May 16, 2024 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H7476.IH H7476

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1 son has actual knowledge, or should have known, of 

2 the conduct, the circumstance, or the result. 

3 SEC. 103. WITHDRAWAL OF NORMAL TRADE RELATIONS 

4 TREATMENT FROM THE PEOPLE’S REPUBLIC 

5 OF CHINA AND REVERSION TO TARIFF ACT 

6 OF 1930 COLUMN 2 TARIFF RATES. 

7 (a) Within two years of the date of enactment of this 

8 section, the provisions of title I of Public Law 106–286 

9 (114 Stat. 880) or any other provision of law, effective 

10 on the date of the enactment of this Act— 

11 (1) normal trade relations treatment shall not 

12 apply pursuant to section 101 of that Act to the 

13 products of the People’s Republic of China; and 

14 (2) following the withdrawal of normal trade re15 lations treatment, tariff rates on products of the 

16 People’s Republic of China shall revert to those set 

17 forth under Column 2 of the Tariff Act of 1930, 

18 without prejudice to any adjustments or modifica19 tions that may be made under the law, unless Con20 gress passes China ‘‘tariff legislation’’ as outlined in 

21 Sec. 104. 

22 SEC. 104. EXPEDITED PROCEDURES FOR TARIFFS WITH RE23 GARDS TO THE PEOPLE’S REPUBLIC OF 

24 CHINA. 

25 (a) CHINA TARIFF LEGISLATION.— 


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1 (1) DEFINITIONS.—In this subsection: 

2 (A) CHINA TARIFF LEGISLATION.—The 

3 term ‘‘China tariff legislation’’ means only a bill 

4 of either House of Congress— 

5 (i) the title of which is as follows: ‘‘A 

6 bill to set tariff schedules with regards to 

7 the People’s Republic of China’’; 

8 (ii) the sole matter after the short 

9 title shall be the modifications of tariffs or 

10 duties or modification of any duty or 

11 staged rate reduction of any duty set forth 

12 in Schedule XX, as defined in section 2(5) 

13 of that Act (19 U.S.C. 3501(5)), on the 

14 People’s Republic of China; and 

15 (iii) which may not reduce tariffs, du16 ties, or non-tariff barriers on the People’s 

17 Republic of China below levels at which 

18 such barriers were set as of January 1, 

19 2024. 

20 (2) INTRODUCTION.—During the period of two 

21 years from the date of enactment of this section, 

22 China tariff legislation may be introduced— 

23 (A) in the House of Representatives, by 

24 the majority leader or the minority leader; or 


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1 the Chairman or Ranking Member of the Com2 mittee on Ways and Means; and 

3 (B) in the Senate, by the majority leader 

4 (or the majority leader’s designee) or the mi5 nority leader (or the minority leader’s des6 ignee), or the Chairman or Ranking Member of 

7 the Committee on Finance. 

8 (C) PROCEEDING TO CONSIDERATION.— 

9 Notwithstanding Rule XXII of the Standing 

10 Rules of the Senate, it is in order at any time 

11 after the Committee on Finance reports China 

12 tariff legislation to the Senate to move to pro13 ceed to the consideration of the China tariff leg14 islation, and all points of order against the 

15 China tariff legislation (and against consider16 ation of the China tariff legislation) are waived. 

17 The motion to proceed is not debatable. The 

18 motion is not subject to a motion to postpone. 

19 A motion to reconsider the vote by which the 

20 motion is agreed to or disagreed to shall not be 

21 in order. 

22 (D) RULINGS OF THE CHAIR ON PROCE23 DURE.—Appeals from the decisions of the Chair 

24 relating to the application of the rules of the 

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1 lating to China tariff legislation shall be decided 

2 without debate. 

3 (E) CONSIDERATION OF VETO MES4 SAGES.—Debate in the Senate of any veto mes5 sage with respect to China tariff legislation, in6 cluding all debatable motions and appeals in 

7 connection with the joint resolution, shall be 

8 limited to 10 hours, to be equally divided be9 tween, and controlled by, the majority leader 

10 and the minority leader or their designees. 

11 (3) RULES OF HOUSE OF REPRESENTATIVES

12 AND SENATE.—This subsection is enacted by Con13 gress— 

14 (A) as an exercise of the rulemaking power 

15 of the Senate and the House of Representa16 tives, respectively, and as such is deemed a part 

17 of the rules of each House, respectively, and su18 persedes other rules only to the extent that it 

19 is inconsistent with such rules; and 

20 (B) with full recognition of the constitu21 tional right of either House to change the rules 

22 (so far as relating to the procedure of that 

23 House) at any time, in the same manner, and 

24 to the same extent as in the case of any other 

25 rule of that House. 


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1 SEC. 105. PROTECTING AMERICANS’ RETIREMENT SAVINGS. 

2 (a) SHORT TITLE.—This section may be cited as the 

3 ‘‘Protecting Americans’ Retirement Savings Act’’ or 

4 ‘‘PARSA’’. 

5 (b) PROHIBITION ON INVESTMENT IN CERTAIN EN6 TITIES.—Section 404(a) of the Employee Retirement In7 come Security Act of 1974 (29 U.S.C. 1104(a)) is amend8 ed by adding at the end the following: 

9 ‘‘(3) PROHIBITION ON INVESTMENT IN CERTAIN

10 ENTITIES.— 

11 ‘‘(A) IN GENERAL.—For purposes of para12 graph (1), a fiduciary of a plan may not be con13 sidered to act solely in the interest of the par14 ticipants and beneficiaries of the plan if such fi15 duciary does not ensure that such plan does not 

16 engage in a transaction that the fiduciary 

17 knows, or should know, will result in the plan— 

18 ‘‘(i) acquiring an interest (as defined 

19 in section 103(h)) between the plan and a 

20 sanctioned entity or foreign adversary enti21 ty (as each such term is defined in section 

22 103(h)); 

23 ‘‘(ii) lending money or extending cred24 it to such an entity; 

25 ‘‘(iii) furnishing goods, services, or fa26 cilities to such an entity; or 


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1 ‘‘(iv) transferring, directly or indi2 rectly, to or for use by or for the benefit 

3 of such an entity— 

4 ‘‘(I) any assets of the plan; or 

5 ‘‘(II) any data with respect to 

6 any participant or beneficiary of the 

7 plan. 

8 For the purposes of subclause (II), the term ‘fi9 duciary’ includes any person who exercises di10 rect or indirect discretionary authority, respon11 sibility, or control with respect to any partici12 pant beneficiary data. 

13 ‘‘(B) CONTINUATION OF CURRENT INVEST14 MENTS.—In the case of a plan holding an in15 vestment in a sanctioned entity or foreign ad16 versary entity on the date of enactment of the 

17 Protecting Americans’ Retirement Savings Act, 

18 such plan may continue to hold such investment 

19 if the fiduciary of such plan complies with the 

20 requirements of subparagraphs (I) and (J) of 

21 section 103(b)(3). 

22 ‘‘(C) CONTRACTUALLY OBLIGATED IN23 VESTMENTS.—In the case of a plan that has 

24 entered into a binding agreement prior to the 

25 date of enactment of the Protecting Americans’ 


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1 Retirement Savings Act obligating such plan to 

2 engage in a transaction described under sub3 paragraph (A), if the fiduciary of such plan 

4 complies with the requirements of subpara5 graphs (I), (J), and (K) of section 103(b)(3), 

6 such plan may fulfill the terms of such agree7 ment until such agreement— 

8 ‘‘(i) expires; or 

9 ‘‘(ii) allows for termination.’’. 

10 (c) ADDITIONAL DISCLOSURES FOR EMPLOYEE RE11 TIREMENT FUNDS.— 

12 (1) IN GENERAL.—Section 103(b)(3) of the 

13 Employee Retirement Income Security Act of 1974 

14 (29 U.S.C. 1023(b)(3)) is amended— 

15 (A) in subparagraph (H)(iv), by striking 

16 the period at the end and inserting ‘‘; and’’; 

17 and 

18 (B) by inserting at the end the following: 

19 ‘‘(I) a separate statement of all assets in 

20 the plan that consist, in whole or in part, of an 

21 interest in a sanctioned entity, including— 

22 ‘‘(i) the aggregate value of such assets 

23 in the plan; 


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1 ‘‘(ii) the identity of each sanctioned 

2 entity in which such plan holds an interest; 

3 and 

4 ‘‘(iii) information identifying each list 

5 under subsection (h)(5) on which such 

6 sanctioned entity is listed, and the reasons 

7 for which an entity may be placed on such 

8 list; 

9 ‘‘(J) a separate statement of all assets in 

10 the plan that consist, in whole or in part, of an 

11 interest in a foreign adversary entity, includ12 ing— 

13 ‘‘(i) the aggregate value of such assets 

14 in the plan; 

15 ‘‘(ii) the specific interest, and value 

16 thereof, that such plan holds in each such 

17 foreign adversary entity; 

18 ‘‘(iii) the name of any investment ve19 hicle through which the plan holds such in20 terest; 

21 ‘‘(iv) the name of the fiduciary re22 sponsible for such investment; and 

23 ‘‘(v) a brief statement of factors con24 sidered by the fiduciary in maintaining 

25 such investment; 


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1 ‘‘(K) a description of any ongoing agree2 ment subject to section 404(a)(3)(C), includ3 ing— 

4 ‘‘(i) the assets involved in such agree5 ment; 

6 ‘‘(ii) the date on which such agree7 ment expires; 

8 ‘‘(iii) the date on which such commit9 ment may be terminated; and 

10 ‘‘(iv) such other information as the 

11 Secretary may deem appropriate.’’. 

12 (2) DEFINITIONS.—Section 103 of the Em13 ployee Retirement Income Security Act of 1974 (29 

14 U.S.C. 1023) is further amended by adding at the 

15 end the following new subsection: 

16 ‘‘(h) DEFINITIONS.—In this section: 

17 ‘‘(1) CONTROL.—The term ‘control’ has the 

18 meaning given in section 800.208 of title 31, Code 

19 of Federal Regulations (as in effect on the date of 

20 enactment of this Act). 

21 ‘‘(2) EXPORT ADMINISTRATION REGULA22 TIONS.—The term ‘Export Administration Regula23 tions’ means the regulations set forth in subchapter 

24 C of chapter VII of title 15, Code of Federal Regu25 lations, or successor regulations. 


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1 ‘‘(3) FOREIGN ADVERSARY.—The term ‘foreign 

2 adversary’— 

3 ‘‘(A) has the meaning given the term ‘cov4 ered nation’ in section 4872(d) of title 10, 

5 United States Code (as in effect on the date of 

6 enactment of this Act); and 

7 ‘‘(B) includes any Special Administrative 

8 Region of any such covered nation. 

9 ‘‘(4) FOREIGN ADVERSARY ENTITY.—The term 

10 ‘foreign adversary entity’ means— 

11 ‘‘(A) any official governmental body at any 

12 level in a foreign adversary; 

13 ‘‘(B) the armed forces of a foreign adver14 sary; 

15 ‘‘(C) the leading political party of a foreign 

16 adversary; 

17 ‘‘(D) a person organized under the laws of, 

18 headquartered in, or with its principal place of 

19 business in a foreign adversary; or 

20 ‘‘(E) a person subject to the direction or 

21 control of an entity listed in subparagraphs (A) 

22 through (D). 

23 ‘‘(5) INTEREST.—The term ‘interest’ includes 

24 any interest— 


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1 ‘‘(A) held directly or indirectly through any 

2 chain of ownership; or 

3 ‘‘(B) held as a derivative financial instru4 ment or other contractual arrangement with re5 spect to such sanctioned entity, including any 

6 financial instrument or other contract which 

7 seeks to replicate any financial return with re8 spect to a sanctioned entity or interest in such 

9 sanctioned entity. 

10 ‘‘(6) SANCTIONED ENTITY.—The term ‘sanc11 tioned entity’ means an entity listed on any of the 

12 following lists: 

13 ‘‘(A) The Non-SDN Chinese Military-In14 dustrial Complex Companies List (NS–CMIC 

15 List) maintained by the Office of Foreign As16 sets Control of the Department of the Treasury 

17 under Executive Order 14032 (86 Fed. Reg. 

18 30145), or any successor order. 

19 ‘‘(B) The list of Chinese military compa20 nies identified by the Secretary of Defense pur21 suant to section 1260H of the William M. 

22 (Mac) Thornberry National Defense Authoriza23 tion Act for Fiscal Year 2021 (Public Law 

24 116–283; 10 U.S.C. 113 note). 


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1 ‘‘(C) The Entity List maintained by the 

2 Department of Commerce and set forth in Sup3 plement No. 4 to part 744 of the Export Ad4 ministration Regulations. 

5 ‘‘(D) The Denied Persons List maintained 

6 by the Department of Commerce and described 

7 in section 764.3(a)(2) of the Export Adminis8 tration Regulations. 

9 ‘‘(E) The Unverified List set forth in Sup10 plement No. 6 to part 744 of the Export Ad11 ministration Regulations. 

12 ‘‘(F) The Military End User List set forth 

13 in Supplement No. 7 to part 744 of the Export 

14 Administration Regulations. 

15 ‘‘(G) The list of companies whose equip16 ment or services are maintained by the Federal 

17 Communications Commission under section 2(a) 

18 of the Secure and Trusted Communications 

19 Networks Act of 2019 (47 U.S.C. 1601(a)), 

20 commonly referred to as the FCC Covered list. 

21 ‘‘(H) The Uyghur Forced Labor Preven22 tion Act Entity List maintained by the Depart23 ment of Homeland Security pursuant to Public 

24 Law 117–78. 


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1 ‘‘(I) The Withhold Release Orders and 

2 Findings List maintained by the Commissioner 

3 of U.S. Customs and Border Protection pursu4 ant to Public Law 117–78.’’. 

5 (3) EFFECTIVE DATE.— 

6 (A) REGULATIONS REQUIRED.—Not more 

7 than 180 days after the enactment of this Act, 

8 the Secretary shall issue regulations imple9 menting this section. 

10 (B) EFFECTIVE DATE OF REGULATIONS.— 

11 The regulations issued under subparagraph (A) 

12 shall take effect not later than 1 year after the 

13 date of enactment of this Act. 

14 (d) NEGOTIATION OF A FREE TRADE AGREEMENT

15 WITH TAIWAN, THE PHILIPPINES, INDONESIA, THAI16 LAND, MALAYSIA, NEW ZEALAND, AND THE UNITED

17 KINGDOM.—Subject to subsection (e), the President is au18 thorized to enter into an agreement with Taiwan, the Phil19 ippines, Indonesia, Thailand, Malaysia, New Zealand, and 

20 the United Kingdom consistent with the policy described 

21 in subsection (e), and the provisions of section 151(c) of 

22 the Trade Act of 1974 (19 U.S.C. 2191(c)) shall apply 

23 with respect to a bill to implement such agreement. 

24 (e) INTRODUCTION AND FAST TRACK CONSIDER25 ATION OF IMPLEMENTING BILL.— 


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1 (1) INTRODUCTION IN HOUSE OF REPRESENTA2 TIVES AND SENATE.—Whenever the President sub3 mits to Congress a bill to implement a trade agree4 ment described in subsection (d) the bill shall be in5 troduced (by request) in the House of Representa6 tives and in the Senate as described in section 

7 151(c) of the Trade Act of 1974 (19 U.S.C. 

8 2191(c)). 

9 (2) PERMISSIBLE CONTENT IN IMPLEMENTING

10 LEGISLATION.—A bill to implement a trade agree11 ment described in subsection (d) shall contain provi12 sions that are necessary to implement the trade 

13 agreement, and shall include trade-related labor and 

14 environmental protection standards, but may not in15 clude amendments to title VII of the Tariff Act of 

16 1930, title II of the Trade Act of 1974, or any anti17 trust law of the United States. 

18 (3) APPLICABILITY OF FAST TRACK PROCE19 DURES.—Section 151 of the Trade Act of 1974 (19 

20 U.S.C. 2191) is amended— 

21 (A) in subsection (b)(1), by inserting ‘‘sec22 tion 191 of the Countering Communist China 

23 Act,’’ after ‘‘section 282 of the Uruguay Round 

24 Agreements Act,’’; and 


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1 (B) in subsection (c)(1), by inserting ‘‘sec2 tion 191 of the Countering Communist China 

3 Act,’’ after ‘‘the Uruguay Round Agreements 

4 Act,’’. 

5 SEC. 106. DISCLOSING INVESTMENTS IN FOREIGN ADVER6 SARIES ACT OF 2024. 

7 (a) SHORT TITLE.—This section may be cited as the 

8 ‘‘Disclosing Investments in Foreign Adversaries Act of 

9 2024’’. 

10 (b) DEFINITIONS.—In this section: 

11 (1) COMMISSION.—The term ‘‘Commission’’ 

12 means the Securities and Exchange Commission. 

13 (2) COUNTRY OF CONCERN.—The term ‘‘coun14 try of concern’’— 

15 (A) has the meaning given the term ‘‘cov16 ered nation’’ in section 4872(d) of title 10, 

17 United States Code; and 

18 (B) includes a jurisdiction that the Com19 mission, in consultation with the Secretary of 

20 State and the Secretary of the Treasury, deter21 mines to be subject to the political and legal 

22 control of a covered nation, as defined in sec23 tion 4872(d) of title 10, United States Code. 


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1 (3) COVERED ENTITY.—The term ‘‘covered en2 tity’’ means an entity or person that is required to 

3 file Form PF. 

4 (4) EXEMPT REPORTING ADVISER.—The term 

5 ‘‘exempt reporting adviser’’ means an investment ad6 viser described in section 275.204–4(a) of title 17, 

7 Code of Federal Regulations, or any successor regu8 lation. 

9 (5) FORM ADV.—The term ‘‘Form ADV’’ 

10 means the form described in section 279.1 of title 

11 17, Code of Federal Regulations, or any successor 

12 regulation. 

13 (6) FORM PF.—The term ‘‘Form PF’’ means 

14 the form described in section 279.9 of title 17, Code 

15 of Federal Regulations, or any successor regulation. 

16 (7) PRIVATE FUND.—The term ‘‘private fund’’ 

17 has the meaning given the term in section 202(a) of 

18 the Investment Advisers Act of 1940 (15 U.S.C. 

19 80b–2(a)). 

20 (8) PRIVATE FUND ASSETS.—The term ‘‘private 

21 fund assets’’ has the meaning given the term in sec22 tion 275.204(b)–1 of title 17, Code of Federal Regu23 lations, or any successor regulation. 

24 (c) ENHANCED DISCLOSURE REQUIREMENTS FOR

25 ADVISERS OF PRIVATE FUNDS.— 


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1 (1) REQUIREMENTS.— 

2 (A) IN GENERAL.—Not later than 1 year 

3 after the date of enactment of this Act, the 

4 Commission shall amend Form PF and Form 

5 ADV, and the rules of the Commission gov6 erning the submission of Form PF and Form 

7 ADV, to, subject to subparagraph (B), require 

8 each covered entity and each exempt reporting 

9 adviser to annually disclose when submitting 

10 Form PF or Form ADV, respectively, the total 

11 private fund assets in countries of concern at12 tributable to the private funds advised by the 

13 covered entity or exempt reporting adviser, as 

14 applicable, which shall be broken down by the 

15 percentage of those assets in each country of 

16 concern. 

17 (B) APPLICATION.—For the purposes of 

18 subparagraph (A), the Commission shall deter19 mine whether a private fund asset is in a coun20 try of concern based on— 

21 (i) the amount of capital that is in22 vested in an entity (including a subsidiary 

23 of an entity)— 


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1 (I) that has a physical presence 

2 or employees in that country of con3 cern; or 

4 (II) the plurality of the sales of 

5 which are from that country of con6 cern; and 

7 (ii) the proportion of the total assets 

8 and liabilities of an entity described in 

9 clause (i) that are located in that country 

10 of concern. 

11 (2) REPORTING BY COMMISSION.— 

12 (A) PUBLICLY AVAILABLE REPORTS.— 

13 (i) IN GENERAL.—Not later than 1 

14 year after the date on which the Commis15 sion makes the amendments required 

16 under paragraph (1), and not less fre17 quently than annually thereafter, the Com18 mission shall prepare and make publicly 

19 available a report containing a list of cov20 ered entities and exempt reporting advisers 

21 that, for the period covered by the report, 

22 have disclosed more than 0 private fund 

23 assets under Form PF or Form ADV (as 

24 amended pursuant to that subsection) in at 

25 least 1 country of concern, which shall be 


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1 aggregated by the covered entity or exempt 

2 reporting adviser making that disclosure. 

3 (ii) ADDITIONAL REQUIREMENTS.— 

4 Each report prepared and made available 

5 by the Commission under clause (i) shall— 

6 (I) be aggregated by covered en7 tity or exempt reporting adviser; and 

8 (II) include the percentage of pri9 vate fund assets disclosed by a cov10 ered entity or exempt reporting ad11 viser, as applicable. 

12 (B) RULE OF CONSTRUCTION.—Nothing in 

13 this subsection may be construed to permit the 

14 Commission to make available any information 

15 that appears on Form PF or Form ADV other 

16 than the information that is included on Form 

17 PF or Form ADV as a result of the require18 ments under paragraph (1). 

19 (d) EXEMPTED TRANSACTIONS.— 

20 (1) IN GENERAL.—The Securities Exchange 

21 Act of 1934 (15 U.S.C. 78a et seq.) is amended by 

22 inserting after section 13A (15 U.S.C. 78m–1) the 

23 following: 


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1 ‘‘SEC. 13B. DISCLOSURE REQUIREMENTS RELATING TO 

2 CERTAIN EXEMPTED TRANSACTIONS. 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) BENEFICIAL OWNER.—The term ‘bene5 ficial owner’ means a person that is determined to 

6 be a beneficial owner under section 240.13d–3 of 

7 title 17, Code of Federal Regulations, or any suc8 cessor regulation. 

9 ‘‘(2) COUNTRY OF CONCERN.—The term ‘coun10 try of concern’— 

11 ‘‘(A) has the meaning given the term ‘cov12 ered nation’ in section 4872(d) of title 10, 

13 United States Code; and 

14 ‘‘(B) includes a jurisdiction that the Com15 mission, in consultation with the Secretary of 

16 State and the Secretary of the Treasury, deter17 mines to be subject to the political and legal 

18 control of a covered nation, as defined in sec19 tion 4872(d) of title 10, United States Code. 

20 ‘‘(3) COVERED EXEMPTED TRANSACTION.—The 

21 term ‘covered exempted transaction’ means an offer 

22 or sale of a security that is— 

23 ‘‘(A) exempt from registration under sec24 tion 5 of the Securities Act of 1933 (15 U.S.C. 

25 77e); and 


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1 ‘‘(B) structured or intended to comply 

2 with— 

3 ‘‘(i) section 230.506(b) of title 17, 

4 Code of Federal regulations, or any suc5 cessor regulation; 

6 ‘‘(ii) sections 230.901, 230.902, and 

7 230.903 of title 17, Code of Federal Regu8 lations, or any successor regulations; or 

9 ‘‘(iii) section 230.144A of title 17, 

10 Code of Federal Regulations, or any suc11 cessor regulation. 

12 ‘‘(b) REQUIREMENT.— 

13 ‘‘(1) IN GENERAL.—Notwithstanding any other 

14 provision of law, in the case of an issuer that con15 ducts a covered exempted transaction described in 

16 paragraph (2), that issuer shall provide to the Com17 mission, at such time and in such manner as the 

18 Commission may prescribe, the following informa19 tion: 

20 ‘‘(A) The identity of the issuer. 

21 ‘‘(B) The place of incorporation of the 

22 issuer. 

23 ‘‘(C) Whether the issuer is associated with 

24 at least 1 consolidated entity, the plurality of 

25 the assets of which are in a country of concern. 


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1 ‘‘(D) Whether the issuer is associated with 

2 at least 1 consolidated entity that is incor3 porated in a country of concern. 

4 ‘‘(E) The amount of securities sold pursu5 ant to the covered exempted transaction and 

6 the net proceeds to the issuer. 

7 ‘‘(F) The beneficial owners of the issuer. 

8 ‘‘(G) The intended use of the proceeds 

9 from the covered exempted transaction, includ10 ing each country in which the issuer intends to 

11 invest those proceeds, which shall be broken 

12 down by the percentage of net proceeds by in13 dustry within each such country. 

14 ‘‘(H) The exemption the issuer relies on 

15 with respect to the covered exempted trans16 action. 

17 ‘‘(2) PARTICULAR COVERED EXEMPTED TRANS18 ACTION DESCRIBED.—A covered exempted trans19 action described in this paragraph is, with respect to 

20 the issuer offering or selling the security that is the 

21 subject of the covered exempted transaction, either 

22 of the following instances: 

23 ‘‘(A) An offer or sale of securities in an 

24 amount that is not less than $25,000,000. 


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1 ‘‘(B) An offer or sale of a security such 

2 that the offer or sale, together with all covered 

3 exempted transactions by that issuer during the 

4 1-year period preceding the date on which the 

5 issuer offers or sells the security, constitutes of6 fers or sales in the aggregate of an amount that 

7 is not less than $50,000,000. 

8 ‘‘(c) AUTHORITY TO REVISE AND PROMULGATE

9 RULES, REGULATIONS, AND FORMS.—The Commission 

10 shall, for the protection of investors and fair and orderly 

11 markets— 

12 ‘‘(1) revise and issue such rules, regulations, 

13 and forms as may be necessary to carry out this sec14 tion; and 

15 ‘‘(2) issue rules to set conditions that limit the 

16 future use of covered exempted transactions for 

17 issuers that do not comply with the disclosure re18 quirements of this section. 

19 ‘‘(d) APPLICABILITY.—This section shall apply with 

20 respect to any covered exempted transaction that occurs 

21 on or after the date that is 1 year after the date of enact22 ment of this section. 

23 ‘‘(e) REPORTS.—The Commission shall, on a quar24 terly basis, prepare and make publicly available a report 

25 that includes all information submitted by an issuer under 


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1 this section during the quarter covered by the report, if 

2 that issuer— 

3 ‘‘(1) is— 

4 ‘‘(A) incorporated in a country of concern; 

5 or 

6 ‘‘(B) incorporated outside of a country of 

7 concern and is associated with at least 1 con8 solidated entity— 

9 ‘‘(i) the plurality of the assets of 

10 which are in a country of concern; or 

11 ‘‘(ii) that is incorporated in a country 

12 of concern; or 

13 ‘‘(2) discloses in a filing made pursuant to this 

14 section that the issuer intends to invest the proceeds 

15 from a covered exempted transaction in a country of 

16 concern.’’. 

17 SEC. 107. STOP FUNDING THE CCP THROUGH A-SHARES 

18 ACT. 

19 This Act may be cited as the ‘‘Stop Funding the CCP 

20 through A-Shares Act’’. 

21 SEC. 108. PROHIBITED ACTS. 

22 (a) DEFINITIONS.—In this section: 

23 (1) ACTING IN A PROFESSIONAL CAPACITY.— 

24 The term ‘‘acting in a professional capacity’’ in25 cludes acting as— 


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1 (A) a member (as defined in section 

2 3(a)(3)(A) of the Securities Exchange Act of 

3 1934 (15 U.S.C. 78c(a)(3)(A))) of a national 

4 securities exchange; 

5 (B) a member (as defined in section 

6 3(a)(3)(B) of the Securities Exchange Act of 

7 1934 (15 U.S.C. 78c(a)(3)(B))) of a registered 

8 securities association; or 

9 (C) an associated person of a member (as 

10 defined in section 3(a) of the Securities Ex11 change Act of 1934 (15 U.S.C. 78c(a))) de12 scribed in subparagraph (A) or (B). 

13 (2) ASSIGNMENT.—The term ‘‘assignment’’ has 

14 the meaning given the term in section 2(a) of the In15 vestment Company Act of 1940 (15 U.S.C. 80a– 

16 2(a)). 

17 (3) COMMERCE.—The term ‘‘commerce’’ has 

18 the meaning given the term in section 4 of the Fed19 eral Trade Commission Act (15 U.S.C. 44). 

20 (4) COVERED EXCHANGE.—The term ‘‘covered 

21 exchange’’ means— 

22 (A) the Shanghai Stock Exchange (or any 

23 subsidiary of that exchange); 

24 (B) the Shenzhen Stock Exchange (or any 

25 subsidiary of that exchange); 


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1 (C) the Beijing Stock Exchange (or any 

2 subsidiary of that exchange); or 

3 (D) any other national exchange, or sub4 sidiary of such an exchange, that is subject to 

5 the influence or control of the Party Committee 

6 of the China Securities Regulatory Commission, 

7 other than the Stock Exchange of Hong Kong. 

8 (5) COVERED SECURITY.—The term ‘‘covered 

9 security’’ means a security that— 

10 (A) as of the date on which a covered 

11 transaction is executed with respect to the secu12 rity, is listed on a covered exchange; 

13 (B) is derivative of a security described in 

14 subparagraph (A); or 

15 (C) is designed to provide investment expo16 sure to a security described in subparagraph 

17 (A). 

18 (6) COVERED TRANSACTION.—The term ‘‘cov19 ered transaction’’ means a purchase, sale, or assign20 ment. 

21 (7) ENGAGE IN.—The term ‘‘engage in’’, with 

22 respect to a transaction, means to order, approve, or 

23 otherwise perform any act in furtherance of that 

24 transaction. 


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1 (8) PURCHASE; SALE; SECURITY.—The terms 

2 ‘‘purchase’’, ‘‘sale’’, and ‘‘security’’ have the mean3 ings given those terms in section 3(a) of the Securi4 ties Exchange Act of 1934 (15 U.S.C. 78c(a)). 

5 (9) U.S. PERSON.—The term ‘‘U.S. person’’ 

6 has the meaning given the term in section 120.62 of 

7 title 22, Code of Federal Regulations, or any suc8 cessor regulation. 

9 (10) WILLFULLY.—The term ‘‘willfully’’, with 

10 respect to an action, means that the action is taken 

11 voluntarily and intentionally in violation of a known 

12 legal duty. 

13 (b) PROHIBITION.— 

14 (1) IN GENERAL.—Except for the purposes of 

15 complying with paragraph (2), beginning on the date 

16 of enactment of this Act, it shall be unlawful for any 

17 U.S. person to make use of the mails or any means 

18 or instrumentality of commerce to engage in a cov19 ered transaction with respect to a covered security. 

20 (2) DIVESTMENT REQUIRED.—Not later than 

21 180 days after the date of enactment of this Act, 

22 each U.S. person shall divest of all covered securities 

23 held by the U.S. person. 

24 (c) PENALTIES.—A U.S. person that violates, at25 tempts to violate, conspires to violate, or causes a violation 


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1 of this section shall be subject to any of the following pen2 alties: 

3 (1) A civil penalty in an amount not to exceed 

4 the greater of— 

5 (A) $350,000; or 

6 (B) an amount that is twice the amount of 

7 the covered transaction that is the basis of the 

8 violation with respect to which the penalty is 

9 imposed. 

10 (2) With respect to a U.S. person that willfully 

11 violates, willfully attempts to violate, willfully con12 spires to violate, or willfully aids or abets in the 

13 commission of a violation of this section, a criminal 

14 penalty as follows: 

15 (A) If that U.S. person is an individual not 

16 acting in a professional capacity, a fine of not 

17 more than $1,000,000, a term of imprisonment 

18 of not more than 5 years, or both. 

19 (B) If that U.S. person is an individual 

20 acting in a professional capacity, a fine of not 

21 more than $5,000,000, a term of imprisonment 

22 of not more than 20 years, or both. 

23 (C)(i) If that U.S. person is an organiza24 tion, including any entity described in clause 

25 (ii), a fine of not more than $25,000,000. 


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1 (ii) An entity described in this clause is 

2 any of the following: 

3 (I) An investment company, as de4 fined in section 3 of the Investment Com5 pany Act of 1940 (15 U.S.C. 80a–3). 

6 (II) A bank, broker, dealer, exchange, 

7 insurance company, investment banker, un8 derwriter, savings and loan association, 

9 business development company, commodity 

10 pool, commodity pool operator, commodity 

11 trading advisor, major swap participant, 

12 swap dealer, or swap execution facility, as 

13 those terms are defined in section 2(a) of 

14 the Investment Company Act of 1940 (15 

15 U.S.C. 80a–2(a)). 

16 (III) An investment adviser, as de17 fined in section 202(a) of the Investment 

18 Advisers Act of 1940 (15 U.S.C. 80b– 

19 2(a)). 

20 (IV) A market intermediary, as de21 fined in section 3(c)(2)(B)(i) of the Invest22 ment Company Act of 1940 (15 U.S.C. 

23 80a–3(c)(2)(B)(i)). 


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1 (V) A fund described in section 

2 3(c)(10)(B) of the Investment Company 

3 Act of 1940 (15 U.S.C. 80a–3(c)(10)(B)). 

4 (VI) A qualified pension, profit-shar5 ing, or stock bonus plan described in sec6 tion 401 of the Internal Revenue Code of 

7 1986. 

8 (VII) An individual retirement ac9 count, as defined in section 408(a) of the 

10 Internal Revenue Code of 1986. 

11 (VIII) A tax credit employee stock 

12 ownership plan, as defined in section 

13 409(a) of the Internal Revenue Code of 

14 1986. 

15 SEC. 109. REPORTS TO CONGRESS. 

16 (a) IN GENERAL.—In accordance with subsection (b), 

17 the Secretary of the Treasury, in consultation with the 

18 Secretary of Commerce, the Secretary of State, the Sec19 retary of Defense, the Assistant to the President for Na20 tional Security Affairs, and the Director of National Intel21 ligence, shall submit to Congress a report on, for the pe22 riod covered by the report— 

23 (1) the extent of mitigation and elimination of 

24 the conditions described in section 2(b); and 


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1 (2) the extent of the occurrence of the condi2 tions described in section 2(b) with respect to securi3 ties listed on the Stock Exchange of Hong Kong. 

4 (b) FREQUENCY OF SUBMISSION.—The Secretary of 

5 the Treasury shall submit to Congress a report described 

6 in subsection (a)— 

7 (1) not later than 90 days after the date of en8 actment of this Act; 

9 (2) not later than 180 days after the date of 

10 enactment of this Act; and 

11 (3) once every 180 days after the date on which 

12 the Secretary submits the report required under 

13 paragraph (2) of this subsection. 

14 SEC. 110. ANNUAL REPORT ON UNITED STATES PORTFOLIO 

15 INVESTMENTS IN THE PEOPLE’S REPUBLIC 

16 OF CHINA. 

17 (a) DEFINITIONS.—In this section: 

18 (1) CHINESE ENTITY.—The term ‘‘Chinese en19 tity’’ means an entity organized under the laws of 

20 the People’s Republic of China or otherwise subject 

21 to the jurisdiction of the Government of the People’s 

22 Republic of China. 

23 (2) UNITED STATES PERSON.—The term 

24 ‘‘United States person’’ means— 


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1 (A) a United States citizen or an alien law2 fully admitted for permanent residence to the 

3 United States; or 

4 (B) an entity organized under the laws of 

5 the United States or any jurisdiction within the 

6 United States, including a foreign branch of 

7 such an entity. 

8 (b) REPORT.—Not later than 1 year after the date 

9 of enactment of this Act, and annually thereafter, the Sec10 retary of the Treasury shall submit to Congress a report 

11 on portfolio investments by United States persons in the 

12 People’s Republic of China, including such investments 

13 routed through a jurisdiction outside the United States. 

14 (c) ELEMENTS.—Each report required by subsection 

15 (b) shall include an assessment of the involvement of the 

16 following in portfolio investments in the People’s Republic 

17 of China: 

18 (1) United States persons making such invest19 ments, including an assessment of— 

20 (A) the types of United States persons 

21 making such investments, including State pen22 sion funds; and 

23 (B) United States persons making more 

24 than 2 percent of the total of such investments 

25 in a year. 


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1 (2) Chinese entities receiving such investments, 

2 including an assessment of— 

3 (A) such entities in individual sectors of 

4 the economic of the People’s Republic of China, 

5 including the housing sector; 

6 (B) any Chinese entities subject to sanc7 tions imposed by the United States receiving 

8 such investments; and 

9 (C) Chinese entities that receive more than 

10 $100,000,000 from such investments. 

11 (d) PERIOD COVERED.—The period covered by a re12 port required by subsection (b) shall be— 

13 (1) in the case of the first such report, the pe14 riod beginning on January 1, 2008, and ending on 

15 the date of the report; and 

16 (2) in the case of each subsequent such report, 

17 the 1-year period preceding submission of the report. 

18 SEC. 111. COORDINATION. 

19 (a) IN GENERAL.—The Secretary of the Treasury 

20 and the Securities and Exchange Commission may coordi21 nate to carry out this Act. 

22 (b) COORDINATION ON IMPOSITION OF CRIMINAL

23 PENALTIES.—For the purposes of carrying out section 

24 3(c)(2), the Secretary of the Treasury and the Securities 


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1 and Exchange Commission may coordinate with the Attor2 ney General. 

3 TITLE II—MATTERS RELATING 

4 TO COUNTERING CHINA’S MA5 LIGN INFLUENCE 

6 SEC. 201. IMPOSITION OF SANCTIONS WITH RESPECT TO 

7 FOREIGN PERSONS THAT KNOWINGLY 

8 SPREAD MALIGN DISINFORMATION AS PART 

9 OF OR ON BEHALF OF A FOREIGN GOVERN10 MENT OR POLITICAL PARTY FOR PURPOSES 

11 OF POLITICAL WARFARE. 

12 (a) IMPOSITION OF SANCTIONS.—The President shall 

13 impose the sanctions described in subsection (b) with re14 spect to any foreign person that the President determines 

15 knowingly commits a significant act of malign 

16 disinformation on behalf of the government of a foreign 

17 country or foreign political party that has the direct pur18 pose or effect of influencing political, diplomatic, or edu19 cational activities in the United States for the purpose of 

20 harming— 

21 (1) the national security or defense of the 

22 United States; or 

23 (2) the safety and security of any United States 

24 citizen or alien lawfully admitted for permanent resi25 dence. 


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1 (b) SANCTIONS DESCRIBED.— 

2 (1) IN GENERAL.—The sanctions described in 

3 this subsection with respect to a foreign person de4 termined by the President to be subject to sub5 section (a) are the following: 

6 (A) ASSET BLOCKING.—The President 

7 shall exercise of all powers granted to the Presi8 dent by the International Emergency Economic 

9 Powers Act (50 U.S.C. 1701 et seq.) to the ex10 tent necessary to block and prohibit all trans11 actions in property and interests in property of 

12 the foreign person if such property and inter13 ests in property are in the United States, come 

14 within the United States, or are or come within 

15 the possession or control of a United States 

16 person. 

17 (B) INADMISSIBILITY OF CERTAIN INDI18 VIDUALS.— 

19 (i) INELIGIBILITY FOR VISAS, ADMIS20 SION, OR PAROLE.—In the case of a for21 eign person who is an individual, the for22 eign person is— 

23 (I) inadmissible to the United 

24 States; 


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1 (II) ineligible to receive a visa or 

2 other documentation to enter the 

3 United States; and 

4 (III) otherwise ineligible to be 

5 admitted or paroled into the United 

6 States or to receive any other benefit 

7 under the Immigration and Nation8 ality Act (8 U.S.C. 1101 et seq.). 

9 (ii) CURRENT VISAS REVOKED.— 

10 (I) IN GENERAL.—In the case of 

11 a foreign person who is an individual, 

12 the visa or other documentation 

13 issued to the person shall be revoked, 

14 regardless of when such visa or other 

15 documentation is or was issued. 

16 (II) EFFECT OF REVOCATION.— 

17 A revocation under subclause (I) 

18 shall— 

19 (aa) take effect immediately; 

20 and 

21 (bb) automatically cancel 

22 any other valid visa or entry doc23 umentation that is in the per24 son’s possession. 


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1 (2) PENALTIES.—A person that violates, at2 tempts to violate, conspires to violate, or causes a 

3 violation of any regulation, license, or order issued 

4 to carry out paragraph (1)(A) shall be subject to the 

5 penalties set forth in subsections (b) and (c) of sec6 tion 206 of the International Emergency Economic 

7 Powers Act (50 U.S.C. 1705) to the same extent as 

8 a person that commits an unlawful act described in 

9 subsection (a) of that section. 

10 (3) EXCEPTION TO COMPLY WITH UNITED NA11 TIONS HEADQUARTERS AGREEMENT.—Sanctions 

12 under paragraph (1)(B) shall not apply to a foreign 

13 person who is an individual if admitting the person 

14 into the United States is necessary to permit the 

15 United States to comply with the Agreement regard16 ing the Headquarters of the United Nations, signed 

17 at Lake Success June 26, 1947, and entered into 

18 force November 21, 1947, between the United Na19 tions and the United States, or other applicable 

20 international obligations. 

21 (c) WAIVER.—The President may, for one period not 

22 to exceed one year, waive the application of sanctions im23 posed with respect to a foreign person under this section 

24 if the President certifies to the appropriate congressional 

25 committees not later than 15 days before such waiver is 


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1 to take effect that the waiver is vital to the national secu2 rity interests of the United States. 

3 (d) IMPLEMENTATION AUTHORITY.—The President 

4 may exercise all authorities provided to the President 

5 under sections 203 and 205 of the International Emer6 gency Economic Powers Act (50 U.S.C. 1702 and 1704) 

7 for purposes of carrying out this section. 

8 (e) REGULATORY AUTHORITY.— 

9 (1) IN GENERAL.—Not later than 90 days after 

10 the date of the enactment of this Act, the President 

11 shall promulgate such regulations as are necessary 

12 for the implementation of this section. 

13 (2) NOTIFICATION TO CONGRESS.—Not less 

14 than 10 days before the promulgation of regulations 

15 under paragraph (1), the President shall notify and 

16 provide to the appropriate congressional committees 

17 the proposed regulations and an identification of the 

18 provisions of this section that the regulations are im19 plementing. 

20 (f) DEFINITIONS.—In this section: 

21 (1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 

22 and ‘‘alien’’ have the meanings given those terms in 

23 section 101(a) of the Immigration and Nationality 

24 Act (8 U.S.C. 1101(a)). 


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1 (2) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Foreign Affairs, the 

5 Committee on the Judiciary, the Committee on 

6 Ways and Means, and the Committee on Finan7 cial Services of the House of Representatives; 

8 and 

9 (B) the Committee on Foreign Relations, 

10 the Committee on the Judiciary, the Committee 

11 on Finance, and the Committee on Banking, 

12 Housing, and Urban Affairs of the Senate. 

13 (3) FOREIGN PERSON.—The term ‘‘foreign per14 son’’ means a person that is not a United States 

15 person. 

16 (4) KNOWINGLY.—The term ‘‘knowingly’’, with 

17 respect to conduct, a circumstance, or a result, 

18 means that a person has actual knowledge, or should 

19 have known, of the conduct, the circumstance, or the 

20 result. 

21 (5) PERSON.—The term ‘‘person’’ means an in22 dividual or entity. 

23 (6) PROPERTY; INTEREST IN PROPERTY.—The 

24 terms ‘‘property’’ and ‘‘interest in property’’ have 

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1 erty interest’’, respectively, in section 576.312 of 

2 title 31, Code of Federal Regulations, as in effect on 

3 the day before the date of the enactment of this Act. 

4 (7) UNITED STATES PERSON.—The term 

5 ‘‘United States person’’ means— 

6 (A) an individual who is a United States 

7 citizen or an alien lawfully admitted for perma8 nent residence to the United States; 

9 (B) an entity organized under the laws of 

10 the United States or any jurisdiction within the 

11 United States, including a foreign branch of 

12 such an entity; or 

13 (C) any person in the United States. 

14 (g) SUNSET.— 

15 (1) IN GENERAL.—This section shall cease to 

16 be effective beginning on January 1, 2026. 

17 (2) INAPPLICABILITY.—Paragraph (1) shall not 

18 apply with respect to sanctions imposed with respect 

19 to a foreign person under this section before Janu20 ary 1, 2026. 


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1 SEC. 202. DETERMINATION WITH RESPECT TO THE IMPOSI2 TION OF SANCTIONS ON THE UNITED FRONT 

3 WORK DEPARTMENT OF THE CHINESE COM4 MUNIST PARTY. 

5 (a) IN GENERAL.—Not later than 90 days after the 

6 date of enactment of this Act, the Secretary of State shall 

7 submit to the appropriate congressional committees a de8 termination, including a detailed justification, on whether 

9 the United Front Work Department of the Chinese Com10 munist Party, or any component or official thereof, meets 

11 the criteria for the application of sanctions pursuant to— 

12 (1) section 101 of this Act; 

13 (2) section 1263 of the Global Magnitsky 

14 Human Rights Accountability Act (subtitle F of title 

15 XII of Public Law 114–328; 22 U.S.C. 2656 note); 

16 (3) section 6 of the Uyghur Human Rights Pol17 icy Act of 2020 (Public Law 116–145; 22 U.S.C. 

18 6901 note); or 

19 (4) Executive Order 13694 (50 U.S.C. 1701 

20 note; relating to blocking property of certain persons 

21 engaged in significant malicious cyber-enabled activi22 ties). 

23 (b) FORM.—The determination required by sub24 section (a) shall be submitted in unclassified form but may 

25 contain a classified annex. 


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1 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED.—In this section, the term ‘‘appropriate congres3 sional committees’’ means— 

4 (1) the Committee on Armed Services, the 

5 Committee on Foreign Affairs, the Permanent Select 

6 Committee on Intelligence, the Committee on Finan7 cial Services, and the Committee on the Judiciary of 

8 the House of Representatives; and 

9 (2) the Committee on Armed Services, the 

10 Committee on Foreign Relations, the Select Com11 mittee on Intelligence, the Committee on Banking, 

12 Housing, and Urban Affairs, and the Committee on 

13 the Judiciary of the Senate. 

14 SEC. 203. AUTHORITIES TO REGULATE OR PROHIBIT MO15 BILE APPLICATIONS AND SOFTWARE PRO16 GRAMS THAT ENGAGE IN THEFT OR UNAU17 THORIZED TRANSMISSION OF USER DATA ON 

18 BEHALF OF A COMMUNIST COUNTRY, FOR19 EIGN ADVERSARY, OR STATE SPONSOR OF 

20 TERRORISM. 

21 Section 203 of the International Emergency Eco22 nomic Powers Act (50 U.S.C. 1702) is amended— 

23 (1) by redesignating subsection (c) as sub24 section (d); and 


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1 (2) by inserting after subsection (b) the fol2 lowing new subsection: 

3 ‘‘(c)(1) Notwithstanding subsection (b), the authority 

4 granted to the President by this section includes the au5 thority to regulate or prohibit transactions with a mobile 

6 application or software program that— 

7 ‘‘(A) engages in the theft or unauthorized 

8 transmission of a user’s data; and 

9 ‘‘(B) provides to a covered country or covered 

10 foreign political party access to such data. 

11 ‘‘(2) In this subsection, the term ‘covered country’ 

12 means any of the following: 

13 ‘‘(A) A communist country. 

14 ‘‘(B) A foreign adversary. 

15 ‘‘(C) A state sponsor of terrorism. 

16 ‘‘(3) In this subsection: 

17 ‘‘(A) The term ‘communist country’ has the 

18 meaning given such term in section 620(f)(1) of the 

19 Foreign Assistance Act of 1961 (22 U.S.C. 

20 2370(f)(1)). 

21 ‘‘(B) The term ‘covered foreign political party’ 

22 means the Chinese Communist Party (CCP). 

23 ‘‘(C) The term ‘foreign adversary’ has the 

24 meaning given such term in Executive Order 13920, 

25 issued on May 1, 2020, entitled ‘Securing the 


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1 United States BulkPower System’, and including the 

2 list of foreign adversaries identified by the Depart3 ment of Energy’s Office of Electricity pursuant to 

4 such Executive Order on July 7, 2020, as in effect 

5 on January 19, 2021. 

6 ‘‘(D) The term ‘state sponsor of terrorism’ 

7 means a country the government of which the Sec8 retary of State determines has repeatedly provided 

9 support for international terrorism pursuant to— 

10 ‘‘(i) section 1754(c)(1)(A) of the Export 

11 Control Reform Act of 2018 (50 U.S.C. 

12 4813(c)(1)(A)); 

13 ‘‘(ii) section 620A of the Foreign Assist14 ance Act of 1961 (22 U.S.C. 2371); 

15 ‘‘(iii) section 40 of the Arms Export Con16 trol Act (22 U.S.C. 2780); or 

17 ‘‘(iv) any other provision of law.’’. 

18 SEC. 204. IMPOSITION OF SANCTIONS WITH RESPECT TO 

19 MOBILE APPLICATIONS OR SOFTWARE PRO20 GRAMS THAT ENGAGE IN THEFT OR UNAU21 THORIZED TRANSMISSION OF USER DATA. 

22 (a) IMPOSITION OF SANCTIONS.—Notwithstanding 

23 any other provision of law, the President is authorized to 

24 impose the sanctions described in subsection (b) with re25 spect to any foreign person that the President determines 


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1 has developed, maintains, provides, owns, or controls a 

2 mobile application or software program that— 

3 (1) engages in the theft or unauthorized trans4 mission of a user’s data to servers located in China; 

5 and 

6 (2) provides to the Government of the People’s 

7 Republic of China (PRC), the Chinese Communist 

8 Party (CCP), or any person owned by or controlled 

9 by the PRC or CCP access to such data. 

10 (b) SANCTIONS DESCRIBED.— 

11 (1) IN GENERAL.—The sanctions described in 

12 this subsection with respect to a foreign person de13 termined by the President to be subject to sub14 section (a) are the following: 

15 (A) ASSET BLOCKING.—The President 

16 shall exercise of all powers granted to the Presi17 dent by the International Emergency Economic 

18 Powers Act (50 U.S.C. 1701 et seq.) to the ex19 tent necessary to block and prohibit all trans20 actions in property and interests in property of 

21 the foreign person if such property and inter22 ests in property are in the United States, come 

23 within the United States, or are or come within 

24 the possession or control of a United States 

25 person. 


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1 (B) INADMISSIBILITY OF CERTAIN INDI2 VIDUALS.— 

3 (i) INELIGIBILITY FOR VISAS, ADMIS4 SION, OR PAROLE.—In the case of a for5 eign person who is an individual, the for6 eign person is— 

7 (I) inadmissible to the United 

8 States; 

9 (II) ineligible to receive a visa or 

10 other documentation to enter the 

11 United States; and 

12 (III) otherwise ineligible to be 

13 admitted or paroled into the United 

14 States or to receive any other benefit 

15 under the Immigration and Nation16 ality Act (8 U.S.C. 1101 et seq.). 

17 (ii) CURRENT VISAS REVOKED.— 

18 (I) IN GENERAL.—In the case of 

19 a foreign person who is an individual, 

20 the visa or other documentation 

21 issued to the person shall be revoked, 

22 regardless of when such visa or other 

23 documentation is or was issued. 


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1 (II) EFFECT OF REVOCATION.— 

2 A revocation under subclause (I) 

3 shall— 

4 (aa) take effect immediately; 

5 and 

6 (bb) automatically cancel 

7 any other valid visa or entry doc8 umentation that is in the per9 son’s possession. 

10 (2) PENALTIES.—The penalties provided for in 

11 subsections (b) and (c) of section 206 of the Inter12 national Emergency Economic Powers Act (50 

13 U.S.C. 1705) shall apply to a person that violates, 

14 attempts to violate, conspires to violate, or causes a 

15 violation of regulations promulgated under sub16 section (e) to implement this section to the same ex17 tent that such penalties apply to a person that com18 mits an unlawful act described in section 206(a) of 

19 such Act. 

20 (3) EXCEPTION TO COMPLY WITH UNITED NA21 TIONS HEADQUARTERS AGREEMENT.—Sanctions 

22 under paragraph (1)(B) shall not apply to a foreign 

23 person who is an individual if admitting the person 

24 into the United States is necessary to permit the 

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1 ing the Headquarters of the United Nations, signed 

2 at Lake Success June 26, 1947, and entered into 

3 force November 21, 1947, between the United Na4 tions and the United States, or other applicable 

5 international obligations. 

6 (c) WAIVER.—The President may, on a case-by-case 

7 basis and for periods not to exceed 180 days, waive the 

8 application of sanctions imposed with respect to a foreign 

9 person under this section if the President certifies to the 

10 appropriate congressional committees not later than 15 

11 days before such waiver is to take effect that the waiver 

12 is vital to the national security interests of the United 

13 States. 

14 (d) IMPLEMENTATION AUTHORITY.—The President 

15 may exercise all authorities provided to the President 

16 under sections 203 and 205 of the International Emer17 gency Economic Powers Act (50 U.S.C. 1702 and 1704) 

18 for purposes of carrying out this section. The exceptions 

19 to the President’s authority described in section 203(b) 

20 of the International Emergency Economic Powers Act, as 

21 shall not apply to the President’s authority to exercise au22 thorities under this section. 

23 (e) REGULATORY AUTHORITY.— 

24 (1) IN GENERAL.—The President shall, not 

25 later than 180 days after the date of the enactment 


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1 of this Act, prescribe regulations as necessary for 

2 the implementation of this Act and the amendments 

3 made by this Act. 

4 (2) NOTIFICATION TO CONGRESS.—No later 

5 than 10 days before the prescription of regulations 

6 under subsection (1), the President shall notify the 

7 appropriate congressional committees regarding the 

8 proposed regulations and the provisions this Act and 

9 the amendments made by this Act that the regula10 tions are implementing. 

11 (f) DEFINITIONS.—In this section: 

12 (1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 

13 and ‘‘alien’’ have the meanings given those terms in 

14 section 101(a) of the Immigration and Nationality 

15 Act (8 U.S.C. 1101(a)). 

16 (2) APPROPRIATE CONGRESSIONAL COMMIT17 TEES.—The term ‘‘appropriate congressional com18 mittees’’ means— 

19 (A) the Committee on Foreign Affairs, the 

20 Committee on the Judiciary, the Committee on 

21 Ways and Means, and the Committee on Finan22 cial Services of the House of Representatives; 

23 and 


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1 (B) the Committee on Foreign Relations 

2 and the Committee on Banking, Housing, and 

3 Urban Affairs of the Senate. 

4 (3) FOREIGN PERSON.—The term ‘‘foreign per5 son’’ means a person that is not a United States 

6 person. 

7 SEC. 205. DETERMINATION WITH RESPECT TO THE IMPOSI8 TION OF SANCTIONS ON WECHAT AND 

9 TIKTOK. 

10 (a) DETERMINATION.—Not later than 90 days after 

11 the date of the enactment of this Act, the Secretary of 

12 State shall submit to the appropriate congressional com13 mittees a determination, including a detailed justification, 

14 regarding whether WeChat and TikTok, or any component 

15 thereof, or any entity owned or controlled by WeChat, sat16 isfies the criteria for the application of sanctions pursuant 

17 to— 

18 (1) section 205 of this Act; or 

19 (2) Executive Order 13694 (50 U.S.C. 1701 

20 note; relating to blocking property of certain persons 

21 engaged in significant malicious cyber-enabled activi22 ties). 

23 (b) FORM.—The determination required by sub24 section (a) shall be submitted in unclassified form but may 

25 contain a classified annex. 


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1 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED.—In this section, the term ‘‘appropriate congres3 sional committees’’ means— 

4 (1) the Committee on Armed Services, the 

5 Committee on Foreign Affairs, the Permanent Select 

6 Committee on Intelligence, the Committee on Finan7 cial Services, and the Committee on the Judiciary of 

8 the House of Representatives; and 

9 (2) the Committee on Armed Services, the 

10 Committee on Foreign Relations, the Select Com11 mittee on Intelligence, the Committee on Banking, 

12 Housing, and Urban Affairs, and the Committee on 

13 the Judiciary of the Senate. 

14 SEC. 206. PROHIBITING LOBBYING CONTACTS ON BEHALF 

15 OF COMMUNIST COUNTRIES. 

16 (a) PROHIBITION.—The Lobbying Disclosure Act of 

17 1995 (2 U.S.C. 1601 et seq.) is amended by inserting 

18 after section 5 the following new section: 

19 ‘‘SEC. . PROHIBITING LOBBYING CONTACTS ON BEHALF OF 

20 FOREIGN COUNTRIES OF CONCERN. 

21 ‘‘(a) PROHIBITION.—Notwithstanding any other pro22 vision of law, no person may receive direct or indirect com23 pensation in any form, including intangible or in-kind, for 

24 serving as an agent of a foreign country of concern, or 


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1 making a lobbying contact on behalf of a foreign country 

2 of concern. 

3 ‘‘(b) PENALTY.—In addition to any other penalty 

4 under this Act, any person who violates subsection (a) 

5 shall be subject to a fine of at least an amount greater 

6 than the total compensation the person received in viola7 tion of subsection (a) and shall be subject of a fine of no 

8 more than three times the total compensation the person 

9 received in violation of subsection (a). 

10 ‘‘(c) DEFINITION.—In this section, a ‘foreign country 

11 of concern’ means a country defined under section 

12 19221(a)(1) of title 42, United States Code, as well as 

13 any agent, instrumentality or entity owned or controlled 

14 by a foreign country of concern.’’. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply with respect to lobbying contacts 

17 under the Lobbying Disclosure Act of 1995 which are 

18 made on or after the date of the enactment of this Act. 

19 SEC. 207. ANNUAL DISCLOSURE OF CONTRIBUTIONS FROM 

20 FOREIGN GOVERNMENTS AND POLITICAL 

21 PARTIES BY CERTAIN TAX-EXEMPT ORGANI22 ZATIONS. 

23 (a) REPORTING REQUIREMENT.—Section 6033(b) of 

24 the Internal Revenue Code of 1986 is amended by striking 

25 ‘‘and’’ at the end of paragraph (15), by redesignating 


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1 paragraph (16) as paragraph (17) and by inserting after 

2 paragraph (15) the following new paragraph: 

3 ‘‘(16) with respect to each government of a for4 eign country (within the meaning of section 1(e) of 

5 the Foreign Agents Registration Act of 1938 (22 

6 U.S.C. 611(e))) and each foreign political party 

7 (within the meaning of section 1(f) of such Act (22 

8 U.S.C. 611(f)) which made aggregate contributions 

9 and gifts to the organization during the year in ex10 cess of $50,000, the name of such government or 

11 political party and such aggregate amount, and’’. 

12 (b) PUBLIC DISCLOSURE.—Section 6104 of such 

13 Code is amended by adding at the end the following new 

14 subsection: 

15 ‘‘(e) PUBLIC DISCLOSURE OF CERTAIN INFORMA16 TION.—The Secretary shall make publicly available in a 

17 searchable database the following information: 

18 ‘‘(1) The information furnished under section 

19 6033(b)(16) of the Internal Revenue Code of 1986, 

20 as amended by this section. 

21 ‘‘(2) The name of the organization furnishing 

22 the information described in paragraph (1). 

23 ‘‘(3) The aggregate amount reported under 

24 such section as having been received as contributions 

25 or gifts in each year from the People’s Republic of 


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1 China and (stated separately) from the Chinese 

2 Communist Party.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to returns filed for taxable years 

5 beginning after the date of the enactment of this Act. 

6 SEC. 208. POSITION OF SANCTIONS WITH RESPECT TO SEN7 IOR OFFICIALS OF THE CHINESE COMMUNIST 

8 PARTY. 

9 (a) IMPOSITION OF SANCTIONS.—Notwithstanding 

10 any other provision of law, the President is authorized to 

11 impose the sanctions described in subsection (b) with re12 spect to any foreign person the President determines— 

13 (1) is a senior official of the CCP, including a 

14 member of the CCP Politburo; and 

15 (2) has engaged in or provided support to or 

16 for— 

17 (A) a malign disinformation campaign or 

18 political warfare operation against the United 

19 States; 

20 (B) the theft of intellectual property of a 

21 United States person; 

22 (C) threats or actions undermining the 

23 sovereignty of Taiwan; and 

24 (D) the forced closure or destruction of 

25 churches, mosques, Buddhist temples or any 


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1 other place of worship in China, or religious 

2 practice of Christians, Muslims, Buddhists or 

3 any other religious group in China. 

4 (b) SANCTIONS DESCRIBED.— 

5 (1) IN GENERAL.—The sanctions described in 

6 this subsection with respect to a foreign person de7 termined by the President to be subject to sub8 section (a) are the following: 

9 (A) ASSET BLOCKING.—The President 

10 shall exercise of all powers granted to the Presi11 dent by the International Emergency Economic 

12 Powers Act (U.S.C. 1701 et seq.) to the extent 

13 necessary to block and prohibit all transactions 

14 in property and interests in property of the for15 eign person if such property and interests in 

16 property are in the United States, come within 

17 the United States, or are or come within the 

18 possession or control of a United States person. 

19 (B) INADMISSIBILITY OF CERTAIN INDI20 VIDUALS.— 

21 (i) INELIGIBILITY FOR VISAS, ADMIS22 SION, OR PAROLE.—Such a foreign person 

23 is— 

24 (I) inadmissible to the United 

25 States; 


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1 (II) ineligible to receive a visa or 

2 other documentation to enter the 

3 United States; and 

4 (III) otherwise ineligible to be 

5 admitted or paroled into the United 

6 States or to receive any other benefit 

7 under the Immigration and Nation8 ality Act (8 U.S.C. 1101 et seq.). 

9 (ii) CURRENT VISAS REVOKED.— 

10 (I) IN GENERAL.—The visa or 

11 other documentation issued to such a 

12 foreign person shall be revoked, re13 gardless of when such visa or other 

14 documentation is or was issued. 

15 (II) EFFECT OF REVOCATION.— 

16 A revocation under subclause (I) 

17 shall— 

18 (aa) take effect immediately; 

19 and 

20 (bb) automatically cancel 

21 any other valid visa or entry doc22 umentation that is in the per23 son’s possession. 

24 (2) PENALTIES.—The penalties provided for in 

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1 national Emergency Economic Powers Act (50 24 

2 U.S.C. 1705) shall apply to a person that violates, 

3 attempts to violate, conspires to violate, or causes a 

4 violation of regulations promulgated under sub5 section (f) to implement this section to the same ex6 tent that such penalties apply to a person that com7 mits an unlawful act described in section 206(a) of 

8 that Act. 

9 (3) EXCEPTION TO COMPLY WITH UNITED NA10 TIONS HEADQUARTERS AGREEMENT.—Sanctions 

11 under paragraph (1)(B) shall not apply to a foreign 

12 person who is an individual if admitting the person 

13 into the United States is necessary to permit the 

14 United States to comply with the Agreement regard15 ing the Headquarters of the United Nations, signed 

16 at Lake Success June 26, 1947, and entered into 

17 force November 21, 1947, between the United Na18 tions and the United States, or other applicable 

19 international obligations. 

20 (c) WAIVER.—The President may, on a case-by-case 

21 basis and for one period not to exceed one year, waive the 

22 application of sanctions imposed with respect to a foreign 

23 person under this section if the President certifies to the 

24 appropriate congressional committees not later than 15 

25 days before such waiver is to take effect that such waiver 


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1 is vital to the national security interests of the United 

2 States. 

3 (d) TERMINATION OF SANCTIONS.—The President 

4 may terminate the application of sanctions under this sec5 tion if the President determines and reports to the appro6 priate congressional committees not later than 15 days be7 fore the termination takes effect that the President has 

8 determined that the foreign person no longer is involved 

9 in any of the activities described in subsection (a). 

10 (e) IMPLEMENTATION AUTHORITY.—The President 

11 may exercise all authorities provided to the President 

12 under sections 203 and 205 of the International Emer13 gency Economic Powers Act (50 U.S.C. 1702 and 1704) 

14 for purposes of carrying out this section. 

15 (f) REGULATORY AUTHORITY.— 

16 (1) IN GENERAL.—Not later than 90 days after 

17 the date of the enactment of this Act, the President 

18 shall promulgate regulations as necessary for the im19 plementation of this section. 

20 (2) NOTIFICATION TO CONGRESS.—Not later 

21 than 10 days before the promulgation of regulations 

22 under paragraph (1), the President shall notify and 

23 provide to the appropriate congressional committees 

24 the proposed regulations and the provisions of this 

25 section that such regulations are implementing. 


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1 (g) SUNSET.— 

2 (1) IN GENERAL.—This section shall terminate 

3 on January 1, 2026. 

4 (2) INAPPLICABILITY.—Paragraph (1) shall not 

5 apply with respect to sanctions imposed with respect 

6 to a foreign person under this section before Janu7 ary 1, 2026. 

8 (h) DEFINITIONS.—In this section: 

9 (1) ADMITTED.—The term ‘‘admitted’’ has the 

10 meaning given such term in section 101(3) of the 

11 Immigration and Nationality Act (8 U.S.C. 

12 1101(3)). 

13 (2) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional com15 mittees’’ means— 

16 (A) the Committee on Foreign Affairs, the 

17 Committee on the Judiciary, the Committee on 

18 Ways and Means, and the Committee on Finan19 cial Services of the House of Representatives; 

20 and 

21 (B) the Committee on Foreign Relations 

22 and the Committee on Banking, Housing, and 

23 Urban Affairs of the Senate. 

24 (3) FOREIGN PERSON.—The term ‘‘foreign per25 son’’ means a person that is not a national or citizen 


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1 of the United States or lawfully admitted for perma2 nent residence in the United States. 

3 SEC. 209. DETERMINATION WITH RESPECT TO THE IMPOSI4 TION OF SANCTIONS ON MEMBERS OF THE 

5 CCP POLITBURO. 

6 (a) DETERMINATION.—Not later than 180 days after 

7 the date of the enactment of this Act, the Secretary of 

8 State, in consultation with the Secretary of the Treasury, 

9 shall submit to the appropriate congressional committees 

10 a determination, including a detailed justification, regard11 ing whether any member of the Chinese Communist Party 

12 (CCP) Politburo satisfies the criteria for the application 

13 of sanctions pursuant to any of the following: 

14 (1) Section 208 of this Act. 

15 (2) Executive Order 13694 (50 U.S.C. 1701 

16 note; relating to blocking property of certain persons 

17 engaged in significant malicious cyber-enabled activi18 ties). 

19 (3) The Global Magnitsky Human Rights Ac20 countability Act (22 U.S.C. 2656 note). 

21 (4) The Uyghur Human Rights and Policy Act 

22 of 2020 (Public Law 116–145). 

23 (5) The Hong Kong Human Rights and De24 mocracy Act of 2019 (Public Law 116–76). 


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1 (b) FORM.—The determination required by sub2 section (a) shall be submitted in unclassified form but may 

3 contain a classified annex. 

4 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE5 FINED.—In this section, the term ‘‘appropriate congres6 sional committees’’ means— 

7 (1) the Committee on Armed Services, the 

8 Committee on Foreign Affairs, the Committee on Fi9 nancial Services, and the Committee on the Judici10 ary of the House of Representatives; and 

11 (2) the Committee on Armed Services, the 

12 Committee on Foreign Relations, the Committee on 

13 Banking, Housing, and Urban Affairs, and the Com14 mittee on the Judiciary of the Senate. 

15 SEC. 210. MANDATORY APPLICATION OF SANCTIONS. 

16 (a) IN GENERAL.—No later than 180 days after the 

17 date of the enactment of this Act, the President shall im18 pose the sanctions described in section 108 with respect 

19 to each individual specified in subsection (b). 

20 (b) INDIVIDUALS AND ORGANIZATIONS DE21 SCRIBED.—The individuals specified in this subsection are 

22 the following: 

23 (1) He Lifeng. 

24 (2) Zhao Leji. 

25 (3) Cai Qi. 


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1 (4) Ding Xuexiang. 

2 (5) Li Xi. 

3 SEC. 211. SANCTIONING TYRANNICAL AND OPPRESSIVE 

4 PEOPLE WITHIN THE CHINESE COMMUNIST 

5 PARTY. 

6 (a) SHORT TITLE.—This section may be cited as the 

7 ‘‘Sanctioning Tyrannical and Oppressive People within the 

8 Chinese Communist Party Act’’ or the ‘‘STOP CCP Act’’. 

9 (b) FINDINGS.—Congress finds the following: 

10 (1) The Hong Kong National Security Law pro11 mulgated on July 1, 2020— 

12 (A) contravenes the Basic Law of the 

13 Hong Kong Special Administrative Region that 

14 provides in Article 23 that the Legislative 

15 Council of Hong Kong shall enact legislation re16 lated to national security; 

17 (B) violates the People’s Republic of Chi18 na’s commitments under international law, as 

19 defined by the Joint Declaration; and 

20 (C) causes severe and irreparable damage 

21 to the ‘‘one country, two systems’’ principle and 

22 further erodes global confidence in the People’s 

23 Republic of China’s commitment to inter24 national law. 


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1 (2) Repression of ethnic Muslim minorities in 

2 the Xinjiang Uyghur Autonomous Region of the 

3 People’s Republic of China has been ongoing, and 

4 was formalized with the ‘‘Strike Hard Campaign 

5 against Violent Terrorism’’ that began in 2014. 

6 (3) The mass internment of Uyghur and other 

7 Muslim ethnic minorities in the Xinjiang Uyghur 

8 Autonomous Region has been ongoing since April 

9 2017. 

10 (4) The People’s Republic of China has con11 ducted a targeted and systemic population-control 

12 campaign against ethnic and religious minorities in 

13 the Xinjiang Uyghur Autonomous Region by impos14 ing and implementing coercive population-control 

15 practices, including selectively enforcing birth 

16 quotas, targeting minority women who are in non17 compliance with birth quotas, and subjecting women 

18 to coercive measures such as forced birth control, 

19 forced sterilization, and forced abortion. 

20 (5) On October 6, 2020, 39 countries delivered 

21 a cross-regional joint statement to the United States 

22 Mission to the United Nations on the human rights 

23 abuses on Uyghurs and other minorities for forced 

24 birth control including sterilization. 


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1 (6) On January 19, 2021, the Department of 

2 State determined that the People’s Republic of 

3 China committed crimes against humanity and geno4 cide against Uyghurs and other ethnic and religious 

5 minority groups in the Xinjiang Uyghur Autono6 mous Region, citing forced sterilizations, forced 

7 abortions, coerced marriages, and separation of 

8 Uyghur children from their families. 

9 (7) The Department of State’s 2020 Country 

10 Reports on Human Rights Practices affirmed the 

11 genocide determination and noted coercive popu12 lation control measures inflicted on ethnic and reli13 gious minority women in China, including forced in14 jections with ‘‘drugs that cause temporary or perma15 nent end to their menstrual cycles and fertility’’. 

16 (8) The United States ratified the United Na17 tions Convention on the Prevention and Punishment 

18 of Genocide in 1988, recognizing that ‘‘imposing 

19 measures intended to prevent births within the 

20 group’’ with intent to destroy a group in whole or 

21 part is an act that constitutes genocide. 

22 (9) Taiwan is a free and prosperous democracy 

23 of nearly 24,000,000 people and an important con24 tributor to peace and stability around the world. 


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1 (10) Section 2(b) of the Taiwan Relations Act 

2 (Public Law 96–8; 22 U.S.C. 3301(b)) states that it 

3 is the policy of the United States— 

4 (A) ‘‘to preserve and promote extensive, 

5 close, and friendly commercial, cultural, and 

6 other relations between the people of the United 

7 States and the people on Taiwan, as well as the 

8 people on the China mainland and all other peo9 ples of the Western Pacific area’’; 

10 (B) ‘‘to declare that peace and stability in 

11 the area are in the political, security, and eco12 nomic interests of the United States, and are 

13 matters of international concern’’; 

14 (C) ‘‘to make clear that the United States 

15 decision to establish diplomatic relations with 

16 the People’s Republic of China rests upon the 

17 expectation that the future of Taiwan will be 

18 determined by peaceful means’’; 

19 (D) ‘‘to consider any effort to determine 

20 the future of Taiwan by other than peaceful 

21 means, including by boycotts or embargoes, a 

22 threat to the peace and security of the Western 

23 Pacific area and of grave concern to the United 

24 States’’; and 


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1 (E) ‘‘to provide Taiwan with arms of a de2 fensive character’’; 

3 (F) ‘‘to maintain the capacity of the 

4 United States to resist any resort to force or 

5 other forms of coercion that would jeopardize 

6 the security, or the social or economic system, 

7 of the people on Taiwan’’. 

8 (11) Since the election of President Tsai Ing9 wen as President of Taiwan in 2016, the Govern10 ment of the People’s Republic of China has intensi11 fied its efforts to pressure Taiwan through diplo12 matic isolation and military provocations. 

13 (12) The rapid modernization of the People’s 

14 Liberation Army and recent military maneuvers in 

15 and around the Taiwan Strait illustrate a clear 

16 threat to Taiwan’s security. 

17 (c) SENSE OF CONGRESS.—It is the sense of Con18 gress that the Chinese Communist Party, led by General 

19 Secretary Xi Jinping, has committed numerous human 

20 rights violations against the people of Hong Kong and the 

21 people of Taiwan, as well as genocide against Uyghur 

22 Muslims in the Xinjiang Uyghur Autonomous Region. 

23 (d) IMPOSITION OF SANCTIONS ON MEMBERS OF THE

24 NATIONAL COMMUNIST PARTY CONGRESS OF THE PEO25 PLE’S REPUBLIC OF CHINA.— 


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1 (1) IN GENERAL.—Not later than 30 days after 

2 the date of the enactment of this Act, the President 

3 shall impose sanctions under paragraph (2) with re4 spect to— 

5 (A) a person who is or was a member of 

6 any National Communist Party Congress of the 

7 People’s Republic of China; and 

8 (B) any person who is an adult family 

9 member, including a spouse or adult family 

10 member, of a person described in subparagraph 

11 (A). 

12 (2) SANCTIONS DESCRIBED.— 

13 (A) IN GENERAL.—The sanctions de14 scribed in this subsection are the following: 

15 (i) BLOCKING OF PROPERTY.—The 

16 President shall exercise all of the powers 

17 granted to the President under the Inter18 national Emergency Economic Powers Act 

19 (50 U.S.C. 1701 et seq.) to the extent nec20 essary to block and prohibit all trans21 actions in property and interests in prop22 erty of the person if such property and in23 terests in property are in the United 

24 States, come within the United States, or 


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1 are or come within the possession or con2 trol of a United States person. 

3 (ii) ALIENS INELIGIBLE FOR VISAS, 

4 ADMISSION, OR PAROLE.— 

5 (I) VISAS, ADMISSION, OR PA6 ROLE.—An alien who the Secretary of 

7 State or the Secretary of Homeland 

8 Security (or a designee of one of such 

9 Secretaries) knows, or has reason to 

10 believe, has knowingly engaged in any 

11 activity described in paragraph (1) 

12 is— 

13 (aa) inadmissible to the 

14 United States; 

15 (bb) ineligible to receive a 

16 visa or other documentation to 

17 enter the United States; and 

18 (cc) otherwise ineligible to 

19 be admitted or paroled into the 

20 United States or to receive any 

21 other benefit under the Immigra22 tion and Nationality Act (8 

23 U.S.C. 1101 et seq.). 

24 (II) CURRENT VISAS REVOKED.— 


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1 (aa) IN GENERAL.—The 

2 issuing consular officer, the Sec3 retary of State, or the Secretary 

4 of Homeland Security (or a des5 ignee of one of such Secretaries) 

6 shall, in accordance with section 

7 221(i) of the Immigration and 

8 Nationality Act (8 U.S.C. 

9 1201(i)), revoke any visa or other 

10 entry documentation issued to an 

11 alien described in subclause (I) 

12 regardless of when the visa or 

13 other entry documentation is 

14 issued. 

15 (bb) EFFECT OF REVOCA16 TION.—A revocation under item 

17 (aa) shall take effect immediately 

18 and shall automatically cancel 

19 any other valid visa or entry doc20 umentation that is in the alien’s 

21 possession. 

22 (B) EXCEPTIONS.— 

23 (i) UNITED NATIONS HEADQUARTERS

24 AGREEMENT.—The sanctions described 

25 under subparagraph (A)(ii) shall not apply 


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1 with respect to an alien if admitting or pa2 roling the alien into the United States is 

3 necessary to permit the United States to 

4 comply with the Agreement regarding the 

5 Headquarters of the United Nations, 

6 signed at Lake Success June 26, 1947, 

7 and entered into force November 21, 1947, 

8 between the United Nations and the 

9 United States, or other applicable inter10 national obligations. 

11 (ii) EXCEPTION FOR INTELLIGENCE, 

12 LAW ENFORCEMENT, AND NATIONAL SECU13 RITY ACTIVITIES.—Sanctions under sub14 paragraph (A) shall not apply to any au15 thorized intelligence, law enforcement, or 

16 national security activities of the United 

17 States. 

18 (iii) EXCEPTION RELATING TO IMPOR19 TATION OF GOODS.— 

20 (I) IN GENERAL.—Notwith21 standing any other provision of this 

22 section, the authorities and require23 ments to impose sanctions under this 

24 section shall not include the authority 


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1 or a requirement to impose sanctions 

2 on the importation of goods. 

3 (II) GOOD DEFINED.—In this 

4 clause, the term ‘‘good’’ means any 

5 article, natural or man-made sub6 stance, material, supply or manufac7 tured product, including inspection 

8 and test equipment, and excluding 

9 technical data. 

10 (3) PENALTIES.—The penalties provided for in 

11 subsections (b) and (c) of section 206 of the Inter12 national Emergency Economic Powers Act (50 

13 U.S.C. 1705) shall apply to a person that violates, 

14 attempts to violate, conspires to violate, or causes a 

15 violation of regulations promulgated to carry out 

16 this section or the sanctions imposed pursuant to 

17 this section to the same extent that such penalties 

18 apply to a person that commits an unlawful act de19 scribed in section 206(a) of that Act. 

20 (4) IMPLEMENTATION AUTHORITY.—The Presi21 dent may exercise all authorities provided to the 

22 President under sections 203 and 205 of the Inter23 national Emergency Economic Powers Act (50 

24 U.S.C. 1702 and 1704) for purposes of carrying out 

25 this section. 


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1 (5) REGULATORY AUTHORITY.—The President 

2 shall, not later than 30 days after the date of the 

3 enactment of this Act, promulgate regulations as 

4 necessary for the implementation of this section. 

5 (6) WAIVER.—The President shall have the au6 thority to waive the sanctions required by paragraph 

7 (1) for renewable periods of 30 days, if the Presi8 dent provides a written certification to the appro9 priate congressional committees, which shall also be 

10 made publicly available on a website maintained by 

11 the Federal Government, that the People’s Republic 

12 of China and the Chinese Communist Party have— 

13 (A) ceased the genocide of the Uyghur 

14 Muslim population, including verifiably shutting 

15 down all internment camps of Uyghurs and 

16 ending the practice of facilitating or supporting 

17 Uyghur forced labor and forced sterilization; 

18 (B) ceased all forms of threats, military 

19 exercises, and aggression toward Taiwan, in20 cluding through verifiably, and for at least a pe21 riod of one year, having not conducted any 

22 breach of Taiwan’s air space, territorial waters, 

23 or land mass, by any military or intelligence 

24 personnel associated with the People’s Republic 


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1 of China or the Chinese Communist Party, or 

2 any agent or instrumentality thereof; 

3 (C) ceased the undermining of the auton4 omy of Hong Kong, including through respect5 ing the terms of the Sino-British Joint Declara6 tion, and reversing all steps taken to interfere 

7 with the democratic process and governance of 

8 Hong Kong; and 

9 (D) ceased efforts to steal the intellectual 

10 property of United States persons. 

11 (7) SUNSET OF WAIVER AND LICENSE AU12 THORITIES.—The President’s authority to issue 

13 waivers or licenses with respect to sanctions required 

14 by paragraph (1) or pursuant to sections 203 and 

15 205 of the International Emergency Economic Pow16 ers Act (50 U.S.C. 1702 and 1704) with regard to 

17 sanctions required by paragraph (1) shall cease to 

18 apply beginning on the date that is 2 years after the 

19 date of enactment of this Act. 

20 SEC. 212. CONTINUATION IN EFFECT OF CERTAIN EXPORT 

21 CONTROLS. 

22 (a) HUAWEI TECHNOLOGIES CO. LTD.—The Sec23 retary of Commerce may not remove Huawei Technologies 

24 Co. Ltd., or its subsidiaries and affiliates, from the entity 

25 list or modify any of the licensing policies pursuant to its 


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1 designation on the entity list, including the foreign direct 

2 product rule, unless the Secretary, with the concurrence 

3 of the End-User Review Committee by a unanimous vote 

4 of such Committee, certifies to the appropriate congres5 sional committees that Huawei Technologies Co. Ltd., and 

6 its subsidiaries and affiliates— 

7 (1) have not engaged in activities that are con8 trary to United States national security or foreign 

9 policy interests and are unlikely to engage in such 

10 activities in the future; and 

11 (2) are not owned, controlled, or influenced by 

12 the Communist Party of China. 

13 (b) HONOR DEVICE CO. LTD.—Not later than 180 

14 days after the date of the enactment of this Act, the Sec15 retary of Commerce— 

16 (1) shall designate Honor Device Co. Ltd. for 

17 inclusion on the entity list; and 

18 (2) shall publish a notification with respect to 

19 such designation in the Federal Register. 

20 (c) REPORT.— 

21 (1) IN GENERAL.—Not later than 30 days after 

22 the date of the enactment of this Act, and on a 

23 monthly basis thereafter, the Secretary of Commerce 

24 shall submit to the appropriate congressional com25 mittees a report that— 


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1 (A) identifies and describes all license ap2 plications received by the Department of Com3 merce to export, reexport, or transfer (in-coun4 try) items subject to the Export Administration 

5 Regulations to— 

6 (i) Huawei Technologies Co. Ltd., or 

7 its subsidiaries and affiliates; or 

8 (ii) Honor Device Co. Ltd; and 

9 (B) identifies whether such license applica10 tions were approved or denied. 

11 (2) FORM.—The report required by subsection 

12 (a) shall be submitted in unclassified form, but may 

13 contain a classified annex. 

14 (d) DEFINITIONS.—In this section: 

15 (1) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘‘appropriate congressional com17 mittees’’ means the Committee on Foreign Affairs of 

18 the House of Representatives and the Committee on 

19 Banking, Housing, and Urban Affairs of the Senate. 

20 (2) END-USER REVIEW COMMITTEE.—The term 

21 ‘‘End-User Review Committee’’ means the End-User 

22 Review Committee described in Supplement No. 9 to 

23 part 748 of the Export Administration Regulations. 

24 (3) ENTITY LIST.—The term ‘‘entity list’’ 

25 means the list maintained by the Bureau of Industry 


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1 and Security and set forth in Supplement No. 4 to 

2 part 744 of the Export Administration Regulations. 

3 (4) EXPORT ADMINISTRATION REGULATIONS.— 

4 The term ‘‘Export Administration Regulations’’ 

5 means subchapter C of chapter VII of title 15, Code 

6 of Federal Regulations. 

7 SEC. 213. EXCLUSION OF GOVERNMENT OF THE PEOPLE’S 

8 REPUBLIC OF CHINA FROM CERTAIN CUL9 TURAL EXCHANGES. 

10 Subsection (a) of section 108A of the Mutual Edu11 cational and Cultural Exchange Act of 1961 (22 U.S.C. 

12 2458a(a)) is amended by adding at the end the following 

13 new paragraph: 

14 ‘‘(3) For purposes of this section, the term ‘for15 eign government’ does not include the Government 

16 of the People’s Republic of China.’’. 

17 SEC. 214. PROHIBITION ON ANY TSP FUND INVESTING IN 

18 ENTITIES BASED IN THE PEOPLE’S REPUBLIC 

19 OF CHINA. 

20 (a) IN GENERAL.—Section 8438 of title 5, United 

21 States Code, is amended by adding at the end the fol22 lowing: 

23 ‘‘(i) Notwithstanding any other provision of this sec24 tion, no fund established or overseen by the Board may 

25 include an investment in any security of— 


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1 ‘‘(1) an entity based in the People’s Republic of 

2 China; or 

3 ‘‘(2) any subsidiary that is owned or operated 

4 by an entity described in paragraph (1).’’. 

5 (b) DIVESTITURE OF ASSETS.—Not later than 30 

6 days after the date of enactment of this Act, the Federal 

7 Retirement Thrift Investment Board established under 

8 section 8472(a) of title 5, United States Code, shall— 

9 (1) review whether any sums in the Thrift Sav10 ings Fund are invested in violation of subsection (i) 

11 of section 8438 of that title, as added by subsection 

12 (a) of this section; 

13 (2) if any sums are invested in the manner de14 scribed in paragraph (1), divest those sums in a 

15 manner that is consistent with the legal and fidu16 ciary duties provided under chapter 84 of that title, 

17 or any other applicable provision of law; and 

18 (3) reinvest any sums divested under paragraph 

19 (2) in investments that do not violate subsection (i) 

20 of section 8438 of that title, as added by subsection 

21 (a) of this section. 

22 (c) PROHIBITION ON INVESTMENT OF TSP FUNDS

23 IN ENTITIES BASED IN THE PEOPLE’S REPUBLIC OF

24 CHINA THROUGH THE TSP MUTUAL FUND WINDOW.— 


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1 Section 8438(b)(5) of title 5, United States Code, is 

2 amended by adding at the end the following: 

3 ‘‘(E) A mutual fund accessible through a 

4 mutual fund window authorized under this 

5 paragraph may not include an investment in 

6 any security of— 

7 ‘‘(i) an entity based in the People’s 

8 Republic of China; or 

9 ‘‘(ii) any subsidiary that is owned or 

10 operated by an entity described in clause 

11 (i).’’. 

12 SEC. 215. ENACTMENT OF EXECUTIVE ORDER. 

13 (a) IN GENERAL.—The provisions of Executive Order 

14 13920 (85 Fed. Reg. 26595; relating to securing the 

15 United States bulk-power system (May 1, 2020)) (as in 

16 effect on May 1, 2020) are enacted into law. 

17 (b) PUBLICATION.—In publishing this Act in slip 

18 form and in the United States Statutes at Large pursuant 

19 to section 112 of title 1, United States Code, the Archivist 

20 of the United States shall include after the date of ap21 proval at the end an appendix setting forth the text of 

22 the Executive order referred to in subsection (a) (as in 

23 effect on May 1, 2020). 


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1 SEC. 216. REVIEW BY COMMITTEE ON FOREIGN INVEST2 MENT IN THE UNITED STATES OF GREEN3 FIELD INVESTMENTS BY PEOPLE’S REPUBLIC 

4 OF CHINA. 

5 (a) INCLUSION IN DEFINITION OF COVERED TRANS6 ACTION.—Section 721(a)(4) of the Defense Production 

7 Act of 1950 (50 U.S.C. 4565(a)(4)) is amended— 

8 (1) in subparagraph (A)— 

9 (A) in clause (i), by striking ‘‘; and’’ and 

10 inserting a semicolon; 

11 (B) in clause (ii), by striking the period at 

12 the end and inserting ‘‘; and’’; and 

13 (C) by adding at the end the following: 

14 ‘‘(iii) any transaction described in 

15 subparagraph (B)(vi) proposed or pending 

16 on or after the date of the enactment of 

17 the Countering Communist China Act.’’; 

18 and 

19 (2) in subparagraph (B), by adding at the end 

20 the following: 

21 ‘‘(vi) An investment by a foreign per22 son that— 

23 ‘‘(I) involves— 

24 ‘‘(aa) the completed or 

25 planned purchase or lease by, or 

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1 son of private or public real es2 tate in the United States; and 

3 ‘‘(bb) the establishment of a 

4 United States business to operate 

5 a factory or other facility on that 

6 real estate; and 

7 ‘‘(II) could result in control, in8 cluding through formal or informal 

9 arrangements to act in concert, of 

10 that United States business by— 

11 ‘‘(aa) the Government of the 

12 People’s Republic of China; 

13 ‘‘(bb) a person owned or 

14 controlled by, or acting on behalf 

15 of, that Government; 

16 ‘‘(cc) an entity in which that 

17 Government has, directly or indi18 rectly, including through formal 

19 or informal arrangements to act 

20 in concert, a 5 percent or greater 

21 interest; 

22 ‘‘(dd) an entity in which 

23 that Government has, directly or 

24 indirectly, the right or power to 

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1 ment of, any members of the 

2 board of directors, board of su3 pervisors, or an equivalent gov4 erning body (including external 

5 directors and other individuals 

6 who perform the duties usually 

7 associated with such titles) or of8 ficers (including the president, 

9 senior vice president, executive 

10 vice president, and other individ11 uals who perform duties normally 

12 associated with such titles) of 

13 any other entity that held, di14 rectly or indirectly, including 

15 through formal or informal ar16 rangements to act in concert, a 5 

17 percent or greater interest in the 

18 entity in the preceding 3 years; 

19 or 

20 ‘‘(ee) an entity in which any 

21 members or officers described in 

22 item (dd) of any other entity 

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1 cert, a 5 percent or greater inter2 est in the entity are members of 

3 the Chinese Communist Party or 

4 have been members of the Chi5 nese Communist Party in the 

6 preceding 3 years.’’. 

7 (b) DEFINITION OF GOVERNMENT OF PEOPLE’S RE8 PUBLIC OF CHINA.—Section 721(a) of the Defense Pro9 duction Act of 1950 (50 U.S.C. 4565(a)) is amended— 

10 (1) by redesignating paragraphs (8) through 

11 (13) as paragraphs (9) through (14), respectively; 

12 and 

13 (2) by inserting after paragraph (7) the fol14 lowing: 

15 ‘‘(7) GOVERNMENT OF PEOPLE’S REPUBLIC OF

16 CHINA.—The term ‘Government of the People’s Re17 public of China’ includes the national and sub18 national governments within the People’s Republic of 

19 China, including any departments, agencies, or in20 strumentalities of such governments.’’. 

21 (c) MANDATORY FILING OF DECLARATIONS.—Sec22 tion 721(b)(1)(C)(v)(IV)(bb) of the Defense Production 

23 Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is 

24 amended by adding at the end the following: 


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1 ‘‘(DD) GREENFIELD INVESTMENTS BY

2 PEOPLE’S REPUBLIC OF CHINA.—The parties to 

3 a covered transaction described in subsection 

4 (a)(4)(B)(vi) shall submit a declaration de5 scribed in subclause (I) with respect to the 

6 transaction.’’. 

7 SEC. 217. MODIFICATION OF AUTHORITIES TO REGULATE 

8 OR PROHIBIT THE IMPORTATION OR EXPOR9 TATION OF INFORMATION OR INFORMA10 TIONAL MATERIALS CONTAINING SENSITIVE 

11 PERSONAL DATA UNDER THE INTER12 NATIONAL EMERGENCY ECONOMIC POWERS 

13 ACT. 

14 (a) IN GENERAL.—Section 203 of the International 

15 Emergency Economic Powers Act (50 U.S.C. 1702) is 

16 amended— 

17 (1) in subsection (b)— 

18 (A) in the matter preceding paragraph (1), 

19 by striking ‘‘to regulate or prohibit, directly or 

20 indirectly’’ and inserting ‘‘to directly regulate or 

21 prohibit’’; and 

22 (B) in the first sentence of paragraph 

23 (3)— 

24 (i) by striking ‘‘but not limited to,’’; 

25 and 


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1 (ii) by inserting ‘‘, but excluding sen2 sitive personal data’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(d) SENSITIVE PERSONAL DATA DEFINED.—In 

5 subsection (b)(3), the term ‘sensitive personal data’ means 

6 any of the following: 

7 ‘‘(1) Personally identifiable information, includ8 ing the following: 

9 ‘‘(A) Financial data that could be used to 

10 analyze or determine an individual’s financial 

11 distress or hardship. 

12 ‘‘(B) The set of data in a consumer report, 

13 as defined under section 603 of the Fair Credit 

14 Reporting Act (15 U.S.C. 1681a), unless such 

15 data is obtained from a consumer reporting 

16 agency for one or more purposes identified in 

17 subsection (a) of such section. 

18 ‘‘(C) The set of data in an application for 

19 health insurance, long-term care insurance, pro20 fessional liability insurance, mortgage insur21 ance, or life insurance. 

22 ‘‘(D) Data relating to the physical, mental, 

23 or psychological health condition of an indi24 vidual. 


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1 ‘‘(E) Non-public electronic communica2 tions, including email, messaging, or chat com3 munications, between or among users of a 

4 United States business’s products or services if 

5 a primary purpose of such product or service is 

6 to facilitate third-party user communications. 

7 ‘‘(F) Geolocation data collected using posi8 tioning systems, cell phone towers, or WiFi ac9 cess points such as via a mobile application, ve10 hicle GPS, other onboard mapping tool, or 

11 wearable electronic device. 

12 ‘‘(G) Biometric enrollment data including 

13 facial, voice, retina/iris, and palm/fingerprint 

14 templates. 

15 ‘‘(H) Data stored and processed for gener16 ating a Federal, State, tribal, territorial, or 

17 other government identification card. 

18 ‘‘(I) Data concerning United States Gov19 ernment personnel security clearance status. 

20 ‘‘(J) The set of data in an application for 

21 a United States Government personnel security 

22 clearance or an application for employment in a 

23 position of public trust. 

24 ‘‘(2) Genetic information, which includes the re25 sults of an individual’s genetic tests, including any 


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1 related genetic sequencing data, whenever such re2 sults, in isolation or in combination with previously 

3 released or publicly available data, constitute identi4 fiable data. Such results shall not include data de5 rived from databases maintained by the United 

6 States Government and routinely provided to private 

7 parties for purposes of research. For purposes of 

8 this paragraph, the term ‘genetic test’ has the mean9 ing provided in section 2791(d)(17) of the Public 

10 Health Service Act (42 U.S.C. 300gg–91(d)(17)).’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 this section— 

13 (1) take effect on the date of the enactment of 

14 this Act; and 

15 (2) apply with respect to any exercise of the au16 thority granted to the President under section 203 

17 of the International Emergency Economic Powers 

18 Act on or after such date of enactment. 

19 SEC. 218. PROHIBITING THE PURCHASE OF AGRICULTURAL 

20 LAND LOCATED IN THE UNITED STATES. 

21 The Secretary of Agriculture shall take such actions 

22 as may be necessary to prohibit the purchase of agricul23 tural land located in the United States by companies 

24 owned, in full or in part, by the People’s Republic of 

25 China. Beginning on the date of the enactment of this Act, 


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1 agricultural land owned by the People’s Republic of China 

2 or companies owned, in full or in part, by the People’s 

3 Republic of China shall not be eligible for participation 

4 in programs administered by the Secretary of Agriculture. 

5 SEC. 219. REPORT. 

6 The Director of National Intelligence shall annually 

7 submit to Congress a report on ownership structures and 

8 spending on media outlets, including in the form of paid 

9 advertorials, by entities with economic ties to Chinese 

10 state actors. 

11 SEC. 220. PROHIBITION OF FEDERAL CONTRACTS. 

12 (a) IN GENERAL.—The President shall take such 

13 steps as may be necessary to prohibit the awarding or re14 newal of any Federal contract or procurement agreement 

15 with any technology company the President determines 

16 has provided hardware or software to the Government of 

17 the People’s Republic of China or to any state-owned en18 terprise of China. 

19 (b) EXCEPTION.—A technology company shall not be 

20 subject to the prohibition under subsection (a) if the com21 pany agrees to provide bulk data to the United States 

22 Government on demand. 

23 (c) WAIVER.—The President may waive the prohibi24 tion under subsection (a) on a case-by-case basis if the 


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1 President certifies to Congress that such a waiver is in 

2 the national security interests of the United States. 

3 (d) REFERRAL.—The Chair or Ranking Member of 

4 the Committee on Foreign Affairs of the House of Rep5 resentatives or the Committee on Foreign Relations of the 

6 Senate may refer to the President the identities of compa7 nies the Chair or Ranking member believes meets the defi8 nition of ‘‘technology company’’ for purposes of this sec9 tion and should be subject to the prohibition under sub10 section (a). 

11 SEC. 221. ESTABLISHING NEW AUTHORITIES FOR BUSI12 NESSES LAUNDERING AND ENABLING RISKS 

13 TO SECURITY. 

14 (a) SHORT TITLE.—This section may be cited as the 

15 ‘‘Establishing New Authorities for Businesses Laundering 

16 and Enabling Risks to Security Act’’ or the ‘‘ENABLERS 

17 Act’’. 

18 (b) FINANCIAL INSTITUTION DEFINITION.— 

19 (1) IN GENERAL.—Section 5312(a)(2) of title 

20 31, United States Code, as amended by the William 

21 M. (Mac) Thornberry National Defense Authoriza22 tion Act for Fiscal Year 2021, is amended— 

23 (A) by redesignating subparagraphs (Z) 

24 and (AA) as subparagraphs (GG) and (HH), 

25 respectively; and 


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1 (B) by inserting after subparagraph (Y) 

2 the following: 

3 ‘‘(Z) a person engaged in the business of 

4 providing investment advice for compensation; 

5 ‘‘(AA) a person engaged in the trade in 

6 works of art, antiques, or collectibles, including 

7 a dealer, advisor, consultant, custodian, gallery, 

8 auction house, museum, or any other person 

9 who engages as a business in the solicitation or 

10 the sale of works of art, antiques, or collect11 ibles; 

12 ‘‘(BB) an attorney, law firm, or notary in13 volved in financial activity or related adminis14 trative activity on behalf of another person; 

15 ‘‘(CC) a trust or company service provider, 

16 including— 

17 ‘‘(i) a person involved in forming a 

18 corporation, limited liability company, 

19 trust, foundation, partnership, or other 

20 similar entity or arrangement; 

21 ‘‘(ii) a person involved in acting as, or 

22 arranging for another person to act as, a 

23 registered agent, trustee, or nominee to be 

24 a shareholder, officer, director, secretary, 

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1 tion in relation to a person or arrange2 ment; 

3 ‘‘(iii) a person involved in providing a 

4 registered office, address, or other similar 

5 service for a person or arrangement; or 

6 ‘‘(iv) any other person providing trust 

7 or company services, as defined by the Sec8 retary of the Treasury; 

9 ‘‘(DD) a certified public accountant or 

10 public accounting firm; 

11 ‘‘(EE) a person engaged in the business of 

12 public relations, marketing, communications, or 

13 other similar services in such a manner as to 

14 provide another person anonymity or 

15 deniability; 

16 ‘‘(FF) a person engaged in the business of 

17 providing third-party payment services, includ18 ing payment processing, check consolidation, 

19 cash vault services, or other similar services 

20 designated by the Secretary of the Treasury;’’. 

21 (2) RULEMAKING.— 

22 (A) IN GENERAL.—Not later than Decem23 ber 31, 2023— 

24 (i) the Secretary of the Treasury shall 

25 repeal section 103.170 of title 31, Code of 


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1 Federal Regulations (relating to exemp2 tions for certain financial institutions); and 

3 (ii) the Secretary of the Treasury 

4 shall issue one or more rules to require all 

5 financial institutions (as defined in section 

6 5312(a)(2) of title 31, United States Code) 

7 that have not already done so to— 

8 (I) report suspicious transactions 

9 under section 5318(g) of title 31, 

10 United States Code; 

11 (II) establish anti-money laun12 dering programs under section 

13 5318(h) of title 31, United States 

14 Code; 

15 (III) establish due diligence poli16 cies, procedures, and controls under 

17 section 5318(i) of title 31, United 

18 States Code; and 

19 (IV) identify and verify their ac20 count holders under section 5318(l) of 

21 title 31, United States Code. 

22 (B) TRUST OR COMPANY SERVICE PRO23 VIDER.—In promulgating a rule under subpara24 graph (A)(ii) to implement subparagraph (CC) 

25 of section 5312(a)(2) of title 31, United States 


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1 Code, as added by paragraph (1), the Secretary 

2 of Treasury shall exclude from the category of 

3 covered persons— 

4 (i) any government agency; and 

5 (ii) any attorney or law firm that uses 

6 a paid trust or company service provider, 

7 including any paid entity formation agent, 

8 operating within the United States. 

9 (3) EFFECTIVE DATE.— 

10 (A) IN GENERAL.—Subparagraphs (Z) 

11 through (FF) of section 5312(a)(2) of title 31, 

12 United States Code, as added by paragraph (1), 

13 shall take effect on December 31, 2023. 

14 (B) LIMITATION ON EXEMPTIONS.—With 

15 respect to a person described under subpara16 graphs (Z) through (FF) of section 5312(a)(2) 

17 of title 31, United States Code, as added by 

18 paragraph (1), the Secretary of the Treasury 

19 may not exempt such person from any require20 ment under subchapter II of chapter 53 of title 

21 31, United States Code, including any delay in 

22 such application. 

23 (C) APPLICATION OF CERTAIN PROVI24 SIONS.—Any financial institution (as defined in 

25 section 5312(a)(2) of title 31, United States 


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1 Code) that is not already required to comply 

2 with subsections (g), (h), (i), and (l) of section 

3 5318 of title 31, United States Code, shall do 

4 so on and after June 30, 2024, whether or not 

5 a rule has been issued under paragraph 

6 (2)(A)(ii). 

7 (c) TREASURY TASK FORCE AND STRATEGY.— 

8 (1) IN GENERAL.—The Secretary of the Treas9 ury, acting through the Director of the Financial 

10 Crimes Enforcement Network, shall establish a task 

11 force to— 

12 (A) develop an ambitious, comprehensive, 

13 and multi-year United States Government strat14 egy to impose anti-money laundering safeguards 

15 on all necessary gatekeeper professions; 

16 (B) designate and authorize a Federal or 

17 State agency to enforce anti-money laundering 

18 requirements for each type of financial institu19 tion defined in section 5312(a)(2) of title 31, 

20 United States Code; and 

21 (C) advance the regulatory rulemaking re22 quired under subsection (b)(2) of this section. 

23 (2) GATEKEEPERS STRATEGY.— 

24 (A) IN GENERAL.—Section 262 of the 

25 Countering America’s Adversaries Through 


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1 Sanctions Act (Public Law 115–44), is amend2 ed by inserting after paragraph (10) the fol3 lowing: 

4 ‘‘(11) GATEKEEPERS STRATEGY.—A description 

5 of efforts to impose anti-money laundering safe6 guards on all necessary gatekeeper professions, in7 cluding art dealers, investment advisors, real estate 

8 professionals, lawyers, accountants, trust or com9 pany service providers, public relations professionals, 

10 dealers of luxury vehicles, money service businesses, 

11 and other similar professions.’’. 

12 (B) UPDATE CLARIFICATION.—If, before 

13 the date of the enactment of this Act, all up14 dates to the national strategy required by sec15 tion 261(b) of the Countering America’s Adver16 saries Through Sanctions Act (Public Law 

17 115–44) have been completed, the President 

18 shall provide an additional update of such na19 tional strategy to the Congress containing the 

20 contents required under the amendment made 

21 by subparagraph (A). 

22 (d) REPORTING BY TITLE INSURANCE COMPANIES.— 

23 (1) IN GENERAL.—Not later than 90 days after 

24 the date of the enactment of this Act, the Secretary 

25 of the Treasury shall promulgate a rule requiring a 


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1 domestic title insurance company to obtain, main2 tain, and report to the Secretary information on the 

3 beneficial owners of entities that purchase or sell 

4 residential or commercial real estate in transactions 

5 in which the domestic title insurance company is in6 volved. 

7 (2) AUTHORIZATION OF APPROPRIATIONS.— 

8 There are authorized to be appropriated to the Sec9 retary such sums as may be necessary to carry out 

10 this section. 

11 (3) DEFINITIONS.—In this subsection: 

12 (A) BENEFICIAL OWNER.—The term ‘‘ben13 eficial owner’’, with respect to an entity, has 

14 the meaning as defined in section 5336 of sub15 chapter II of chapter 53 of title 31, United 

16 States Code. 

17 (B) DOMESTIC TITLE INSURANCE COM18 PANY.—The term ‘‘domestic title insurance 

19 company’’ has the meaning given that term in 

20 regulations prescribed by the Secretary. 

21 SEC. 222. AMENDMENT TO DEPARTMENT OF STATE RE22 WARDS PROGRAM. 

23 Subsection (b) of section 36 of the State Department 

24 Basic Authorities Act of 1956 (22 U.S.C. 2708) is amend25 ed— 


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1 (1) in paragraph (12), by striking ‘‘or’’ after 

2 the semicolon at the end; 

3 (2) in paragraph (13), by striking the period at 

4 the end and inserting ‘‘; or’’; and 

5 (3) by adding at the end the following new 

6 paragraph: 

7 ‘‘(14) the identification of credible information 

8 regarding the origins of COVID–19, or any person 

9 or entity involved in the coverup of the origins of 

10 COVID–19, or the identification of any person or 

11 entity that provides nonpublic information related to 

12 gain of function research connected to Chinese lab13 oratories, including the Wuhan Institute of Virology, 

14 with relation to coronaviruses that has been covered 

15 up by the Government of China and the Chinese 

16 Communist Party.’’. 

17 SEC. 223. PROHIBITION ON USE OF FUNDS TO SEEK MEM18 BERSHIP IN THE WORLD HEALTH ORGANIZA19 TION OR TO PROVIDE ASSESSED OR VOL20 UNTARY CONTRIBUTIONS TO THE WORLD 

21 HEALTH ORGANIZATION. 

22 (a) IN GENERAL.—Notwithstanding any other provi23 sion of law, no funds available to any Federal department 

24 or agency may be used to seek membership by the United 

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1 sessed or voluntary contributions to the World Health Or2 ganization until such time as the President certifies to 

3 Congress that the World Health Organization meets the 

4 conditions described in subsection (b). 

5 (b) CONDITIONS DESCRIBED.—The conditions de6 scribed in this subsection are the following: 

7 (1) The World Health Organization has adopt8 ed meaningful reforms to ensure that humanitarian 

9 assistance is not politicized and is to be provided to 

10 those with the most need. 

11 (2) The World Health Organization is not 

12 under the control or significant malign influence of 

13 the Chinese Communist Party. 

14 (3) The World Health Organization is not in15 volved in a coverup of the Chinese Communist Par16 ty’s response to the COVID–19 pandemic. 

17 (4) The World Health Organization grants ob18 server status to Taiwan. 

19 (5) The World Health Organization does not di20 vert humanitarian or medical supplies to Iran, North 

21 Korea, or Syria. 

22 (6) The World Health Organization has put in 

23 place mechanisms to increase transparency and ac24 countability in its operations and eliminate waste, 

25 fraud, and abuse. 


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1 SEC. 224. AMENDMENTS TO THE CHEMICAL AND BIOLOGI2 CAL WEAPONS CONTROL AND WARFARE 

3 ELIMINATION ACT OF 1991. 

4 (a) PURPOSES AND DEFINITIONS.—Section 502 of 

5 the Chemical and Biological Weapons Control and War6 fare Elimination Act of 1991 (22 U.S.C. 5601) is amend7 ed— 

8 (1) in the section heading, by adding at the end 

9 before the period the following: ‘‘AND DEFINI10 TIONS’’; 

11 (2) by striking ‘‘The purposes’’ and inserting 

12 ‘‘(a) PURPOSES.—The purposes’’; 

13 (3) in paragraph (1)— 

14 (A) by striking ‘‘or use’’ and insert ‘‘use’’; 

15 and 

16 (B) by inserting ‘‘, or engage in an act or 

17 acts of gross negligence with respect to a chem18 ical or biological program owned, controlled, or 

19 directed by, or subject to the jurisdiction of the 

20 government of a foreign state’’ after ‘‘nation21 als’’; and 

22 (4) by adding at the end the following: 

23 ‘‘(b) DEFINITIONS.—In this Act: 

24 ‘‘(1) GROSS NEGLIGENCE.—The term ‘gross 

25 negligence’, with respect to an act or acts of a gov26 ernment of a foreign state, includes the government 


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1 knew, or should have known, the act or acts would 

2 result in injury or damages to another foreign state 

3 or other such foreign states. 

4 ‘‘(2) FOREIGN STATE.—The term ‘foreign 

5 state’— 

6 ‘‘(A)(i) has the meaning given that term in 

7 subsection (a) of section 1603 of title 28, 

8 United States Code; and 

9 ‘‘(ii) includes an ‘agency or instrumentality 

10 of a foreign state’ as that term is defined in 

11 subsection (b) of such section; and 

12 ‘‘(B) includes an entity that is— 

13 ‘‘(i)(I) directly or indirectly owned, 

14 controlled, or beneficially owned by, or in 

15 an official or unofficial capacity acting as 

16 an agent of or on behalf of, the govern17 ment of a foreign state; or 

18 ‘‘(II) received significant material 

19 support from the government of a foreign 

20 state; and 

21 ‘‘(ii) engaged in providing commercial 

22 services, shipping, manufacturing, pro23 ducing, or exporting.’’. 

24 (b) DETERMINATIONS REGARDING USE OF CHEM25 ICAL OR BIOLOGICAL WEAPONS.—Section 506 of the 


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1 Chemical and Biological Weapons Control and Warfare 

2 Elimination Act of 1991 (22 U.S.C. 5604) is amended— 

3 (1) in subsection (a)— 

4 (A) by redesignating paragraph (3) as 

5 paragraph (4); 

6 (B) by inserting after paragraph (2) the 

7 following: 

8 ‘‘(3) ADDITIONAL DETERMINATION BY THE

9 PRESIDENT.— 

10 ‘‘(A) WHEN DETERMINATION REQUIRED; 

11 NATURE OF DETERMINATION.—Whenever cred12 ible information becomes available to the execu13 tive branch indicating a substantial possibility 

14 that, on or after January 1, 2020, the govern15 ment of a foreign country has engaged in an 

16 act or acts of gross negligence with respect to 

17 a chemical or biological program owned, con18 trolled, or directed by, or subject to the jurisdic19 tion of the government of a foreign state, the 

20 President shall, within 60 days after the receipt 

21 of such information by the executive branch, de22 termine whether that government, on or after 

23 such date, has engaged in an act or acts of 

24 gross negligence with respect to a chemical or 

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1 rected by, or subject to the jurisdiction of the 

2 government of a foreign state. Section 507 ap3 plies if the President determines that that gov4 ernment has so engaged in such act or acts of 

5 gross negligence. 

6 ‘‘(B) MATTERS TO BE CONSIDERED.—In 

7 making the determination under subparagraph 

8 (A), the President shall consider the following: 

9 ‘‘(i) All physical and circumstantial 

10 evidence available bearing on the possibility 

11 that the government in question engaged 

12 in an act or acts of gross negligence with 

13 respect to a chemical or biological program 

14 owned, controlled, or directed by, or sub15 ject to the jurisdiction of the government 

16 of a foreign state. 

17 ‘‘(ii) Whether evidence exists that 

18 such program or programs have civilian 

19 and military purposes or applications. 

20 ‘‘(iii) Whether the government in 

21 question attempted to conceal or otherwise 

22 withhold information from other govern23 ments or international organizations re24 garding an act or acts of gross negligence. 


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1 ‘‘(iv) Whether, and to what extent, 

2 the government in question is compliant 

3 with its obligations under the Biological 

4 and Toxin Weapons Convention or Conven5 tion on the Prohibition of the Develop6 ment, Production, Stockpiling and Use of 

7 Chemical Weapons and on their Destruc8 tion, as applicable. 

9 ‘‘(v) Whether, and to what extent, the 

10 government in question is providing or oth11 erwise voluntarily disclosing substantive in12 formation to relevant international organi13 zations.’’; and 

14 (C) in paragraph (4) (as redesignated)— 

15 (i) in the first sentence, by inserting 

16 ‘‘or (3)’’ after ‘‘paragraph (1)’’; 

17 (ii) in the second sentence, by insert18 ing ‘‘under paragraph (1)’’ after ‘‘deter19 mination’’; and 

20 (iii) by adding at the end the fol21 lowing: ‘‘If the determination under para22 graph (3) is that a foreign government had 

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1 rected by, or subject to the jurisdiction of 

2 the government of a foreign state, the re3 port shall specify the sanctions to be im4 posed pursuant to section 507A.’’; and 

5 (2) in subsection (b)— 

6 (A) in paragraph (1)— 

7 (i) by striking ‘‘whether a particular 

8 foreign government’’ and inserting the fol9 lowing: ‘‘whether— 

10 ‘‘(A) a particular foreign government’’; 

11 (ii) by striking the period at the end 

12 and inserting ‘‘; or’’; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(B) a particular foreign government, on 

16 or after January 1, 2020, has engaged in an 

17 act of acts of gross negligence with respect to 

18 a chemical or biological program owned, con19 trolled, or directed by, or subject to the jurisdic20 tion of the government of a foreign state.’’; and 

21 (B) in paragraph (2)— 

22 (i) in the first sentence— 

23 (I) by striking ‘‘whether the spec24 ified government’’ and inserting the 

25 following: ‘‘whether— 


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1 ‘‘(A) the specified government’’; 

2 (II) by striking the period at the 

3 end and inserting ‘‘; or’’; and 

4 (III) by adding at the end the 

5 following: 

6 ‘‘(B) the specified government, on or after 

7 January 1, 2020, has engaged in an act or acts 

8 of gross negligence with respect to a chemical 

9 or biological program owned, controlled, or di10 rected by, or subject to the jurisdiction of the 

11 government of a foreign state.’’; and 

12 (ii) in the second sentence— 

13 (I) by inserting ‘‘or (3)(B), as 

14 applicable’’ after ‘‘subsection (a)(2)’’; 

15 and 

16 (II) by moving the margin of the 

17 second sentence so it has the same 

18 level of indentation as margin of the 

19 matter preceding subparagraph (A) of 

20 the first sentence. 

21 (c) SANCTIONS AGAINST FOREIGN STATES WITH RE22 SPECT TO CHEMICAL OR BIOLOGICAL PROGRAMS.—The 

23 Chemical and Biological Weapons Control and Warfare 

24 Elimination Act of 1991 (22 U.S.C. 5601 et seq.) is 

25 amended by inserting after section 507 the following: 


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1 ‘‘SEC. 507A. SANCTIONS AGAINST FOREIGN STATES WITH 

2 RESPECT TO CHEMICAL OR BIOLOGICAL 

3 PROGRAMS. 

4 ‘‘(a) INITIAL SANCTIONS.— 

5 ‘‘(1) IN GENERAL.—If the President makes a 

6 determination pursuant to section 506(a)(3) with re7 spect to the government of a foreign state, the Presi8 dent shall, within 30 days of making such deter9 mination, impose the sanctions described in para10 graph (2) with respect to the foreign state. 

11 ‘‘(2) SANCTIONS DESCRIBED.—The sanctions 

12 described in this paragraph are the following: 

13 ‘‘(A) The United States Government shall 

14 suspend all scientific cooperative programs and 

15 efforts with the government of the foreign state. 

16 ‘‘(B) The President shall prohibit the ex17 port to the foreign state of any goods, services 

18 or technology under Category 1 and Category 2 

19 of the Commerce Control List. 

20 ‘‘(C) The United States Government may 

21 not procure, or enter into any contract for the 

22 procurement of, any goods or services from any 

23 person operating in the chemical or biological 

24 sectors of the foreign state. 

25 ‘‘(b) INTERMEDIATE APPLICATION OF SANCTIONS.— 


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1 ‘‘(1) DETERMINATION.—Not later than 120 

2 days after making a determination pursuant to sec3 tion 506(a)(3) with respect to a government of a for4 eign state, the President shall submit to the appro5 priate congressional committees a determination as 

6 to whether— 

7 ‘‘(A) such government has adequately ad8 dressed an act or acts of gross negligence with 

9 respect to a chemical or biological program 

10 owned, controlled, or directed by, or subject to 

11 the jurisdiction of the government of a foreign 

12 state; 

13 ‘‘(B) such government has developed or is 

14 developing necessary measures to prevent any 

15 future act or acts of gross negligence; 

16 ‘‘(C) such government is providing or oth17 erwise voluntarily disclosing substantive infor18 mation to the United States and relevant inter19 national organizations; and 

20 ‘‘(D) such government is compliant with 

21 its obligations under the Biological and Toxin 

22 Weapons Convention or the Convention on the 

23 Prohibition of the Development, Production, 

24 Stockpiling and Use of Chemical Weapons and 

25 on their Destruction, as applicable. 


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1 ‘‘(2) EFFECT OF DETERMINATION.—If the 

2 President is unable to certify that a government of 

3 a foreign state has taken the actions described in 

4 subparagraphs (A), (B), (C), and (D) of paragraph 

5 (1), the President shall impose 2 or more of the 

6 sanctions described in paragraph (3) with respect to 

7 the government of the foreign state. 

8 ‘‘(3) SANCTIONS DESCRIBED.—The sanctions 

9 described in this paragraph are the following: 

10 ‘‘(A) The United States Government shall 

11 terminate assistance to the government of the 

12 foreign state under the Foreign Assistance Act 

13 of 1961 (22 U.S.C. 2151 et seq.), except for ur14 gent humanitarian assistance and food or other 

15 agricultural commodities or products. 

16 ‘‘(B) No sales of any defense articles, de17 fense services, or design and construction serv18 ices under the Arms Export Control Act (22 

19 U.S.C. 2751 et seq.) may be made to the gov20 ernment of the foreign state. 

21 ‘‘(C) No licenses for export of any item on 

22 the United States Munitions List that include 

23 the government of the foreign state as a party 

24 to the license may be granted. 


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1 ‘‘(D) No exports of any goods or tech2 nologies controlled for national security reasons 

3 under the Export Administration Regulations 

4 may be made to the government of the foreign 

5 state, except that such prohibition shall not 

6 apply to any transaction subject to the report7 ing requirements of title V of the National Se8 curity Act of 1947 (50 U.S.C. 413 et seq.; re9 lating to congressional oversight of intelligence 

10 activities). 

11 ‘‘(E) The President may order the United 

12 States Government not to issue any specific li13 cense and not to grant any other specific per14 mission or authority to export any goods or 

15 technology to the government of the foreign 

16 state under— 

17 ‘‘(i) the Export Control Reform Act of 

18 2018 (50 U.S.C. 4801 et seq.); 

19 ‘‘(ii) the Arms Export Control Act (22 

20 U.S.C. 2751 et seq.); 

21 ‘‘(iii) the Atomic Energy Act of 1954 

22 (42 U.S.C. 2011 et seq.); or 

23 ‘‘(iv) any other statute that requires 

24 the prior review and approval of the 

25 United States Government as a condition 


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1 for the export or reexport of goods or serv2 ices. 

3 ‘‘(c) FINAL APPLICATION OF SANCTIONS.— 

4 ‘‘(1) DETERMINATION.—Not later than 210 

5 days after making a determination pursuant to sec6 tion 506(a)(3) with respect to a government of a for7 eign state, the President shall submit to the appro8 priate congressional committees a determination as 

9 to whether the government of the foreign state has 

10 taken the actions described in subparagraphs (A), 

11 (B), (C), and (D) of subsection (b)(1). 

12 ‘‘(2) EFFECT OF DETERMINATION.—If the 

13 President is unable to certify that a government of 

14 a foreign state has taken the actions described in 

15 subparagraphs (A), (B), (C), and (D) of subsection 

16 (b)(1), the President shall impose the sanctions de17 scribed in paragraph (3) with respect to the govern18 ment of the foreign state. 

19 ‘‘(3) SANCTIONS.—The sanctions described in 

20 this paragraph are the following: 

21 ‘‘(A) The President shall, pursuant to such 

22 regulations as the President may prescribe, pro23 hibit any transactions in foreign exchange that 

24 are subject to the jurisdiction of the United 


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1 States and in which the government of the for2 eign state has any interest. 

3 ‘‘(B) The President shall, pursuant to such 

4 regulations as the President may prescribe, pro5 hibit any transfers of credit or payments be6 tween one or more financial institutions or by, 

7 through, or to any financial institution, to the 

8 extent that such transfers or payments are sub9 ject to the jurisdiction of the United States and 

10 involve any interest of the government of the 

11 foreign state. 

12 ‘‘(d) REMOVAL OF SANCTIONS.—The President shall 

13 remove the sanctions imposed with respect to the govern14 ment of a foreign state pursuant to this section if the 

15 President determines and so certifies to the Congress, 

16 after the end of the 12-month period beginning on the date 

17 on which sanctions were initially imposed on that govern18 ment of a foreign state pursuant to subsection (a), that— 

19 ‘‘(1) such government has adequately addressed 

20 an act or acts of gross negligence with respect to a 

21 chemical or biological program owned, controlled, or 

22 directed by, or subject to the jurisdiction of the gov23 ernment of a foreign state; 


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1 ‘‘(2) such government has developed or is devel2 oping necessary measures to prevent any future act 

3 or acts of gross negligence; 

4 ‘‘(3) such government is providing or otherwise 

5 voluntarily disclosing substantive information to the 

6 United States and relevant international organiza7 tions; 

8 ‘‘(4) such government is compliant with its obli9 gations under the Biological and Toxin Weapons 

10 Convention or Convention on the Prohibition of the 

11 Development, Production, Stockpiling and Use of 

12 Chemical Weapons and on their Destruction, as ap13 plicable; and 

14 ‘‘(5) such government is making restitution to 

15 those affected by an act or acts of gross negligence 

16 with respect to a chemical or biological program 

17 owned, controlled, or directed by, or subject to the 

18 jurisdiction of the government of a foreign state, in19 cluding United States persons. 

20 ‘‘(e) WAIVER.— 

21 ‘‘(1) IN GENERAL.—The President may, for pe22 riods not to exceed 180 days, waive the imposition 

23 of sanctions under this section if the President cer24 tifies to the appropriate congressional committees 


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1 that such waiver is vital to the national security in2 terests of the United States. 

3 ‘‘(2) SUNSET.—The President may not exercise 

4 the authority described in paragraph (1) beginning 

5 on the date that is 4 years after the date of enact6 ment of this section. 

7 ‘‘(f) APPROPRIATE CONGRESSIONAL COMMITTEES

8 DEFINED.—In this section, the term ‘appropriate congres9 sional committees’ means— 

10 ‘‘(1) the Committee on Foreign Affairs and the 

11 Committee on Financial Services of the House of 

12 Representatives; and 

13 ‘‘(2) the Committee on Foreign Relations and 

14 the Committee on Banking, Housing, and Urban Af15 fairs of the Senate.’’. 

16 SEC. 225. DETERMINATION REGARDING THE PEOPLE’S RE17 PUBLIC OF CHINA. 

18 (a) IN GENERAL.—Not later than 180 days after the 

19 date of the enactment of this Act, the President shall de20 termine whether reasonable grounds exist for concluding 

21 that the Government of the People’s Republic of China 

22 meets the criteria for engaging in an act or acts of gross 

23 negligence with respect to a chemical or biological program 

24 owned, controlled, or directed by, or subject to the juris25 diction of that government under section 506(a)(3) of the 


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1 Chemical and Biological Weapons Control and Warfare 

2 Elimination Act of 1991, as amended by section 3 of this 

3 Act. 

4 (b) REPORT REQUIRED.— 

5 (1) IN GENERAL.—Not later than 30 days after 

6 making a determination under subsection (a), the 

7 President shall submit to the appropriate congres8 sional committees a report that includes the reasons 

9 for the determination. 

10 (2) FORM.—A report required by paragraph (1) 

11 shall be submitted in unclassified form but may in12 clude a classified annex. 

13 SEC. 226. REGULATORY AUTHORITY. 

14 (a) IN GENERAL.—The President shall, not later 

15 than 180 days after the date of the enactment of this Act, 

16 prescribe regulations as necessary for the implementation 

17 of sections 212 and 213 of this Act and the amendments 

18 made by this Act. 

19 (b) NOTIFICATION TO CONGRESS.—Not later than 10 

20 days before the prescription of regulations under sub21 section (a), the President shall notify the appropriate con22 gressional committees regarding the proposed regulations 

23 and the provisions of this Act and the amendments made 

24 by this Act that the regulations are implementing. 


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1 SEC. 227. APPROPRIATE CONGRESSIONAL COMMITTEES 

2 DEFINED. 

3 In this Act, the term ‘‘appropriate congressional com4 mittees’’ means— 

5 (1) the Committee on Foreign Affairs and the 

6 Committee on Financial Services of the House of 

7 Representatives; and 

8 (2) the Committee on Foreign Relations and 

9 the Committee on Banking, Housing, and Urban Af10 fairs of the Senate. 

11 SEC. 228. LIMITATION ON RESEARCH BY THE NATIONAL 

12 SCIENCE FOUNDATION AND NATIONAL INSTI13 TUTES OF HEALTH. 

14 Notwithstanding any other provision of law, none of 

15 the activities authorized for the National Science Founda16 tion and National Institutes of Health may include, con17 duct, or support any research— 

18 (1) using fetal tissue obtained from an induced 

19 abortion or any derivatives thereof, 

20 (2) in which a human embryo is created or de21 stroyed, discarded, or put at risk of injury, 

22 (3) in which an embryo-like entity is created 

23 wholly or in part from human cells or components, 

24 (4) in which a human embryo is intentionally 

25 created or modified to include a heritable genetic 

26 modification, or 


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1 (5) using any stem cell the derivation of which 

2 would be inconsistent with the standards established 

3 herein. 

4 SEC. 229. PROHIBITION ON CERTAIN HUMAN-ANIMAL CHI5 MERAS. 

6 Part I of title 18, United States Code, is amended 

7 by inserting after chapter 51 the following: 

8 ‘‘CHAPTER 52—CERTAIN TYPES OF 

9 HUMAN-ANIMAL CHIMERAS PROHIBITED 

‘‘Sec. 

‘‘1131. Definitions. 

‘‘1132. Prohibition on certain human-animal chimeras. 

10 ‘‘§ 1131. Definitions 

11 ‘‘In this chapter the following definitions apply: 

12 ‘‘(1) PROHIBITED HUMAN-ANIMAL CHIMERA.— 

13 The term ‘prohibited human-animal chimera’ 

14 means— 

15 ‘‘(A) a human embryo into which a 

16 nonhuman cell or cells (or the component parts 

17 thereof) have been introduced to render the em18 bryo’s membership in the species Homo sapiens 

19 uncertain; 

20 ‘‘(B) a human-animal embryo produced by 

21 fertilizing a human egg with nonhuman sperm; 

22 ‘‘(C) a human-animal embryo produced by 

23 fertilizing a nonhuman egg with human sperm; 


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1 ‘‘(D) an embryo produced by introducing a 

2 nonhuman nucleus into a human egg; 

3 ‘‘(E) an embryo produced by introducing a 

4 human nucleus into a nonhuman egg; 

5 ‘‘(F) an embryo containing at least haploid 

6 sets of chromosomes from both a human and a 

7 nonhuman life form; 

8 ‘‘(G) a nonhuman life form engineered 

9 such that human gametes develop within the 

10 body of a nonhuman life form; 

11 ‘‘(H) a nonhuman life form engineered 

12 such that it contains a human brain or a brain 

13 derived wholly or predominantly from human 

14 neural tissues; 

15 ‘‘(I) a nonhuman life form engineered such 

16 that it exhibits human facial features or other 

17 bodily morphologies to resemble human fea18 tures; or 

19 ‘‘(J) an embryo produced by mixing 

20 human and nonhuman cells, such that— 

21 ‘‘(i) human gametes develop within 

22 the body of the resultant organism; 

23 ‘‘(ii) it contains a human brain or a 

24 brain derived wholly or predominantly from 

25 human neural tissues; or 


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1 ‘‘(iii) it exhibits human facial features 

2 or other bodily morphologies to resemble 

3 human features. 

4 ‘‘(2) HUMAN EMBRYO.—The term ‘human em5 bryo’ means an organism of the species Homo sapi6 ens during the earliest stages of development, from 

7 1 cell up to 8 weeks. 

8 ‘‘§ 1132. Prohibition on certain human-animal chi9 meras 

10 ‘‘(a) IN GENERAL.—It shall be unlawful for any per11 son to knowingly, in or otherwise affecting interstate com12 merce— 

13 ‘‘(1) create or attempt to create a prohibited 

14 human-animal chimera; 

15 ‘‘(2) transfer or attempt to transfer a human 

16 embryo into a nonhuman womb; 

17 ‘‘(3) transfer or attempt to transfer a 

18 nonhuman embryo into a human womb; or 

19 ‘‘(4) transport or receive for any purpose a pro20 hibited human-animal chimera. 

21 ‘‘(b) PENALTIES.— 

22 ‘‘(1) IN GENERAL.—Whoever violates subsection 

23 (a) shall be fined under this title, imprisoned not 

24 more than 10 years, or both. 


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1 ‘‘(2) CIVIL PENALTY.—Whoever violates sub2 section (a) and derives pecuniary gain from such vio3 lation shall be subject to a civil fine of the greater 

4 of $1,000,000 and an amount equal to the amount 

5 of the gross gain multiplied by 2. 

6 ‘‘(c) RULE OF CONSTRUCTION.—This section does 

7 not prohibit research involving the use of transgenic ani8 mal models containing human genes or transplantation of 

9 human organs, tissues, or cells into recipient animals, if 

10 such activities are not prohibited under subsection (a).’’. 

11 SEC. 230. TECHNICAL AMENDMENT. 

12 The table of chapters for part I of title 18, United 

13 States Code, is amended by inserting after the item relat14 ing to chapter 51 the following: 

‘‘52. Certain Types of Human-Animal Chimeras Prohibited .............................................................................. 1131’’. 

15 SEC. 231. REPEALING CERTAIN EXEMPTIONS FROM REG16 ISTRATION UNDER FOREIGN AGENTS REG17 ISTRATION ACT OF 1938 BY AGENTS REP18 RESENTING CHINESE BUSINESS ORGANIZA19 TIONS. 

20 (a) IN GENERAL.—The Foreign Agents Registration 

21 Act of 1938, as amended (22 U.S.C. 611 et seq.) is 

22 amended by inserting after section 3 the following: 


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1 ‘‘SEC. 3A. SPECIAL RULES FOR AGENTS REPRESENTING 

2 CHINESE BUSINESS ORGANIZATIONS. 

3 ‘‘(a) REPEAL OF EXEMPTION FROM REGISTRATION

4 FOR PERSONS PROVIDING PRIVATE AND NONPOLITICAL

5 REPRESENTATION OF BONA FIDE TRADE OR COMMER6 CIAL INTERESTS.—Section 3(d)(1) shall not apply to an 

7 agent of a covered Chinese business organization. 

8 ‘‘(b) REPEAL OF EXEMPTION FROM REGISTRATION

9 FOR PERSONS FILING DISCLOSURE REPORTS UNDER

10 LOBBYING DISCLOSURE ACT OF 1995.— 

11 ‘‘(1) REPEAL.—Section 3(h) shall not apply to 

12 an agent of a covered Chinese business organization. 

13 ‘‘(2) TIMING FOR FILING OF REGISTRATION

14 STATEMENTS.—In the case of an agent of a covered 

15 Chinese business organization who has registered 

16 under the Lobbying Disclosure Act of 1995 (2 

17 U.S.C. 1601 et seq.), after the agent files the first 

18 registration required under section 2(a) in connec19 tion with the agent’s representation of the covered 

20 Chinese business organization, the agent shall file all 

21 subsequent statements, information, or documents 

22 required under section 2 at the same time, and in 

23 the same frequency, as the reports filed with the 

24 Clerk of the House of Representatives or the Sec25 retary of the Senate (as the case may be) under sec26 tion 5 of the Lobbying Disclosure Act of 1995 (2 


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1 U.S.C. 1604) in connection with the agent’s rep2 resentation of the covered Chinese business organi3 zation. 

4 ‘‘(c) COVERED CHINESE BUSINESS ORGANIZATION

5 DEFINED.—In this section, the term ‘covered Chinese 

6 business organization’ means— 

7 ‘‘(1) an entity described in section 1(b)(3) 

8 which is organized under the laws of, or has its prin9 cipal place of business in, the People’s Republic of 

10 China (including any subsidiary or affiliate of such 

11 an entity), except that such term does not include a 

12 subsidiary or affiliate of an entity which is organized 

13 under the laws of, and has its principal place of 

14 business in, a country other than the People’s Re15 public of China; or 

16 ‘‘(2) an entity designated by the Attorney Gen17 eral as subject to the extrajudicial direction of the 

18 Chinese Communist Party.’’. 

19 (b) CONFORMING AMENDMENTS.— 

20 (1) REPEAL OF EXEMPTION.—Section 3 of such 

21 Act (22 U.S.C. 613) is amended— 

22 (A) in subsection (d)(1), by striking ‘‘in 

23 private’’ and inserting ‘‘except as provided in 

24 section 3A(a), in private’’; and 


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1 (B) in subsection (h), by striking ‘‘Any 

2 agent’’ and inserting ‘‘Except as provided in 

3 section 3A(b), any agent’’. 

4 (2) TIMING OF FILING OF REGISTRATION

5 STATEMENTS.—Section 2(b) of such Act (22 U.S.C. 

6 612(b)) is amended in the first sentence by striking 

7 ‘‘six months succeeding such filing’’ and inserting 

8 ‘‘six months succeeding such filing (except as pro9 vided in section 3A(b)(2))’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this Act shall take effect 180 days after the date of enact12 ment of this Act. 

13 SEC. 232. SHORT TITLE. 

14 This Act may be cited as the ‘‘Protecting America’s 

15 Agricultural Land from Foreign Harm Act of 2023’’. 

16 SEC. 233. DEFINITIONS. 

17 In this Act: 

18 (1) AGRICULTURAL LAND.— 

19 (A) IN GENERAL.—The term ‘‘agricultural 

20 land’’ has the meaning given the term in sec21 tion 9 of the Agricultural Foreign Investment 

22 Disclosure Act of 1978 (7 U.S.C. 3508). 

23 (B) INCLUSION.—The term ‘‘agricultural 

24 land’’ includes land described in section 9(1) of 

25 the Agricultural Foreign Investment Disclosure 


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1 Act of 1978 (7 U.S.C. 3508(1)) that is used for 

2 ranching purposes. 

3 (2) COVERED PERSON.— 

4 (A) IN GENERAL.—The term ‘‘covered per5 son’’ has the meaning given the term ‘‘person 

6 owned by, controlled by, or subject to the juris7 diction or direction of a foreign adversary’’ in 

8 section 7.2 of title 15, Code of Federal Regula9 tions (as in effect on the date of enactment of 

10 this Act), except that each reference to ‘‘foreign 

11 adversary’’ in that definition shall be deemed to 

12 be a reference to the Government of— 

13 (i) Iran; 

14 (ii) North Korea; 

15 (iii) the People’s Republic of China; or 

16 (iv) the Russian Federation. 

17 (B) EXCLUSIONS.—The term ‘‘covered per18 son’’ does not include a United States citizen or 

19 an alien lawfully admitted for permanent resi20 dence to the United States. 

21 (3) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of Agriculture. 

23 (4) UNITED STATES.—The term ‘‘United 

24 States’’ includes any State, territory, or possession 

25 of the United States. 


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1 SEC. 234. PROHIBITION ON PURCHASE OR LEASE OF AGRI2 CULTURAL LAND IN THE UNITED STATES BY 

3 PERSONS ASSOCIATED WITH CERTAIN FOR4 EIGN GOVERNMENTS. 

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, the President shall take such actions as may 

7 be necessary to prohibit the purchase or lease by covered 

8 persons of— 

9 (1) public agricultural land that is owned by the 

10 United States and administered by the head of any 

11 Federal department or agency, including the Sec12 retary, the Secretary of the Interior, and the Sec13 retary of Defense; or 

14 (2) private agricultural land located in the 

15 United States. 

16 (b) IMPLEMENTATION.—The President may exercise 

17 all authorities provided under sections 203 and 205 of the 

18 International Emergency Economic Powers Act (50 

19 U.S.C. 1702 and 1704) to carry out subsection (a). 

20 (c) PENALTIES.—A person that knowingly violates, 

21 attempts to violate, conspires to violate, or causes a viola22 tion of subsection (a) or any regulation, license, or order 

23 issued to carry out that subsection shall be subject to the 

24 penalties set forth in subsections (b) and (c) of section 

25 206 of the International Emergency Economic Powers Act 

26 (50 U.S.C. 1705) to the same extent as a person that comVerDate Sep 11 2014 16:25 May 16, 2024 Jkt 049200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\H7476.IH H7476

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1 mits an unlawful act described in subsection (a) of that 

2 section. 

3 (d) RULE OF CONSTRUCTION.—Nothing in this sec4 tion may be construed— 

5 (1) to prohibit or otherwise affect the purchase 

6 or lease of public or private agricultural land de7 scribed in subsection (a) by any person other than 

8 a covered person; 

9 (2) to prohibit or otherwise affect the use of 

10 public or private agricultural land described in sub11 section (a) that is transferred to or acquired by a 

12 person other than a covered person from a covered 

13 person; or 

14 (3) to require a covered person that owns or 

15 leases public or private agricultural land described in 

16 subsection (a) as of the date of enactment of this 

17 Act to sell that land. 

18 SEC. 235. PROHIBITION ON PARTICIPATION IN DEPART19 MENT OF AGRICULTURE PROGRAMS BY PER20 SONS ASSOCIATED WITH CERTAIN FOREIGN 

21 GOVERNMENTS. 

22 (a) IN GENERAL.—Except as provided in subsection 

23 (b), notwithstanding any other provision of the law, the 

24 President shall take such actions as may be necessary to 

25 prohibit participation in Department of Agriculture proVerDate Sep 11 2014 16:25 May 16, 2024 Jkt 049200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\H7476.IH H7476

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1 grams by covered persons that have full or partial owner2 ship of agricultural land in the United States or lease agri3 cultural land in the United States. 

4 (b) EXCLUSIONS.—Subsection (a) shall not apply to 

5 participation in any program— 

6 (1) relating to— 

7 (A) food inspection or any other food safe8 ty regulatory requirements; or 

9 (B) health and labor safety of individuals; 

10 or 

11 (2) administered by the Farm Service Agency, 

12 with respect to the administration of this Act or the 

13 Agricultural Foreign Investment Disclosure Act of 

14 1978 (7 U.S.C. 3501 et seq.). 

15 (c) PROOF OF CITIZENSHIP.—To participate in a De16 partment of Agriculture program described in subsection 

17 (b) (except for a program under this Act or the Agricul18 tural Foreign Investment Disclosure Act of 1978 (7 

19 U.S.C. 3501 et seq.)), a person described in subparagraph 

20 (A) of section 2(2) that is a person described in subpara21 graph (B) of that section shall submit to the Secretary 

22 proof that the person is described in subparagraph (B) 

23 of that section. 


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1 SEC. 236. AGRICULTURAL FOREIGN INVESTMENT DISCLO2 SURE. 

3 (a) INCLUSION OF SECURITY INTERESTS AND

4 LEASES IN REPORTING REQUIREMENTS.— 

5 (1) IN GENERAL.—Section 9 of the Agricultural 

6 Foreign Investment Disclosure Act of 1978 (7 

7 U.S.C. 3508) is amended— 

8 (A) by redesignating paragraphs (4) 

9 through (6) as paragraphs (5) through (7), re10 spectively; and 

11 (B) by inserting after paragraph (3) the 

12 following: 

13 ‘‘(4) the term ‘interest’ includes— 

14 ‘‘(A) a security interest; and 

15 ‘‘(B) a lease, without regard to the dura16 tion of the lease;’’. 

17 (2) CONFORMING AMENDMENT.—Section 2 of 

18 the Agricultural Foreign Investment Disclosure Act 

19 of 1978 (7 U.S.C. 3501) is amended by striking ‘‘, 

20 other than a security interest,’’ each place it ap21 pears. 

22 (b) CIVIL PENALTY.—Section 3 of the Agricultural 

23 Foreign Investment Disclosure Act of 1978 (7 U.S.C. 

24 3502) is amended— 


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1 (1) in subsection (b), by striking ‘‘exceed 25 

2 percent’’ and inserting ‘‘be less than 15 percent, or 

3 exceed 30 percent,’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(c) LIENS.—On imposing a penalty under sub6 section (a), the Secretary shall ensure that a lien is placed 

7 on the agricultural land with respect to which the violation 

8 occurred, which shall be released only on payment of the 

9 penalty.’’. 

10 (c) TRANSPARENCY.— 

11 (1) IN GENERAL.—Section 7 of the Agricultural 

12 Foreign Investment Disclosure Act of 1978 (7 

13 U.S.C. 3506) is amended to read as follows: 

14 ‘‘SEC. 7. PUBLIC DATA SETS. 

15 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

16 date of enactment of the Consolidated Appropriations Act, 

17 2023 (Public Law 117–328), the Secretary shall publish 

18 in the internet database established under section 773 of 

19 division A of that Act human-readable and machine-read20 able data sets that— 

21 ‘‘(1) contain all data that the Secretary pos22 sesses relating to reporting under this Act from each 

23 report submitted to the Secretary under section 2; 

24 and 


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1 ‘‘(2) as soon as practicable, but not later than 

2 30 days, after the date of receipt of any report 

3 under section 2, shall be updated with the data from 

4 that report. 

5 ‘‘(b) INCLUDED DATA.—The data sets established 

6 under subsection (a) shall include— 

7 ‘‘(1) a description of— 

8 ‘‘(A) the purchase price paid for, or any 

9 other consideration given for, each interest in 

10 agricultural land for which a report is sub11 mitted under section 2; and 

12 ‘‘(B) updated estimated values of each in13 terest in agricultural land described in subpara14 graph (A), as that information is made avail15 able to the Secretary, based on the most re16 cently assessed value of the agricultural land or 

17 another comparable method determined by the 

18 Secretary; and 

19 ‘‘(2) with respect to any agricultural land for 

20 which a report is submitted under section 2, updated 

21 descriptions of each foreign person who holds an in22 terest in at least 1 percent of the agricultural land, 

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1 ity owner that holds an interest in the agricultural 

2 land.’’. 

3 (2) DEADLINE FOR DATABASE ESTABLISH4 MENT.—Section 773 of division A of the Consoli5 dated Appropriations Act, 2023 (Public Law 117– 

6 328), is amended, in the first proviso, by striking ‘‘3 

7 years’’ and inserting ‘‘2 years’’. 

8 (d) DEFINITION OF FOREIGN PERSON.—Section 9(3) 

9 of the Agricultural Foreign Investment Disclosure Act of 

10 1978 (7 U.S.C. 3508(3)) is amended— 

11 (1) in subparagraph (C)(ii)(IV), by striking 

12 ‘‘and’’ at the end; 

13 (2) in subparagraph (D), by inserting ‘‘and’’ 

14 after the semicolon; and 

15 (3) by adding at the end the following: 

16 ‘‘(E) any person, other than an individual 

17 or a government, that issues equity securities 

18 that are primarily traded on a foreign securities 

19 exchange within— 

20 ‘‘(i) Iran; 

21 ‘‘(ii) North Korea; 

22 ‘‘(iii) the People’s Republic of China; 

23 or 

24 ‘‘(iv) the Russian Federation;’’. 


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1 SEC. 237. REPORTS. 

2 (a) REPORT FROM THE SECRETARY ON FOREIGN

3 OWNERSHIP OF AGRICULTURAL LAND IN THE UNITED

4 STATES.— 

5 (1) IN GENERAL.—Not later than 1 year after 

6 the date of enactment of this Act, and once every 2 

7 years thereafter, the Secretary shall submit to Con8 gress a report describing— 

9 (A) the risks and benefits, as determined 

10 by the Secretary, that are associated with for11 eign ownership or lease of agricultural land in 

12 rural areas (as defined in section 520 of the 

13 Housing Act of 1949 (42 U.S.C. 1490)); 

14 (B) the intended and unintended misrepre15 sentation of foreign land ownership in the an16 nual reports prepared by the Secretary describ17 ing foreign holdings of agricultural land due to 

18 inaccurate reporting of foreign holdings of agri19 cultural land; 

20 (C) the specific work that the Secretary 

21 has undertaken to monitor erroneous reporting 

22 required by the Agricultural Foreign Invest23 ment Disclosure Act of 1978 (7 U.S.C. 3501 et 

24 seq.) that would result in a violation or civil 

25 penalty; and 


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1 (D) the role of State and local government 

2 authorities in tracking foreign ownership of ag3 ricultural land in the United States. 

4 (2) PROTECTION OF INFORMATION.—In car5 rying out paragraph (1), the Secretary shall estab6 lish a plan to ensure the protection of personally 

7 identifiable information. 

8 (b) REPORT FROM THE DIRECTOR OF NATIONAL IN9 TELLIGENCE ON FOREIGN OWNERSHIP OF AGRICUL10 TURAL LAND IN THE UNITED STATES.— 

11 (1) IN GENERAL.—Not later than 1 year after 

12 the date of enactment of this Act, and once every 2 

13 years thereafter, the Director of National Intel14 ligence shall submit to the congressional recipients 

15 described in paragraph (2) a report describing— 

16 (A) an analysis of foreign malign influence 

17 (as defined in section 119C(e) of the National 

18 Security Act of 1947 (50 U.S.C. 3059(e))) by 

19 covered persons that have foreign ownership in 

20 the United States agriculture industry; and 

21 (B) the primary motives, as determined by 

22 the Director of National Intelligence, of foreign 

23 investors to acquire agricultural land. 


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1 (2) CONGRESSIONAL RECIPIENTS DESCRIBED.— 

2 The report under paragraph (1) shall be submitted 

3 to— 

4 (A) the Committee on Banking, Housing, 

5 and Urban Affairs of the Senate; 

6 (B) the Committee on Agriculture, Nutri7 tion, and Forestry of the Senate; 

8 (C) the Select Committee on Intelligence of 

9 the Senate; 

10 (D) the Committee on Foreign Relations of 

11 the Senate; 

12 (E) the Committee on Financial Services 

13 of the House of Representatives; 

14 (F) the Committee on Agriculture of the 

15 House of Representatives; 

16 (G) the Permanent Select Committee on 

17 Intelligence of the House of Representatives; 

18 (H) the Committee on Foreign Affairs of 

19 the House of Representatives; 

20 (I) the majority leader of the Senate; 

21 (J) the minority leader of the Senate; 

22 (K) the Speaker of the House of Rep23 resentatives; and 

24 (L) the minority leader of the House of 

25 Representatives. 


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1 (3) CLASSIFICATION.—The report under para2 graph (1) shall be submitted in an unclassified form, 

3 but may include a classified annex. 

4 (c) GOVERNMENT ACCOUNTABILITY OFFICE RE5 PORT.—Not later than 1 year after the date of enactment 

6 of this Act, the Comptroller General of the United States 

7 shall submit to Congress a report describing— 

8 (1) a review of resources, staffing, and expertise 

9 for carrying out the Agricultural Foreign Investment 

10 Disclosure Act of 1978 (7 U.S.C. 3501 et seq.), and 

11 enforcement issues limiting the effectiveness of that 

12 Act; and 

13 (2) any recommended necessary changes to that 

14 Act. 

15 TITLE III—MATTERS RELATING 

16 TO MEDICAL AND NATIONAL 

17 SECURITY SUPPLY CHAINS 

18 SEC. 301. REPORT AND RECOMMENDATION ON BARRIERS 

19 TO DOMESTIC MANUFACTURING OF MEDICAL 

20 PRODUCTS. 

21 (a) REPORT TO CONGRESS.—Not later than 180 days 

22 after the date of the enactment of this Act, the Secretary 

23 of Health and Human Services (in this section referred 

24 to as the ‘‘Secretary’’), acting through the Commissioner 

25 of Food and Drugs, shall submit to Congress a report on 


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1 barriers, including regulatory inefficiencies, to domestic 

2 manufacturing of active pharmaceutical ingredients, fin3 ished drug products, and devices that are— 

4 (1) imported from outside of the United States; 

5 and 

6 (2) critical to the public health during a public 

7 health emergency declared by the Secretary under 

8 section 319 of the Public Health Service Act (42 

9 U.S.C. 247(d). 

10 (b) CONTENT.—Such report shall— 

11 (1) identify factors that limit the manufac12 turing of active pharmaceutical ingredients, finished 

13 drug products, and devices described in subsection 

14 (a); and 

15 (2) recommend specific strategies to overcome 

16 the challenges identified under paragraph (1). 

17 (c) IMPLEMENTATION.—The Secretary may, to the 

18 extent appropriate, implement the strategies recommended 

19 under subsection (b)(2). 

20 (d) DEFINITION.—In this section, the term ‘‘active 

21 pharmaceutical ingredient’’ has the meaning given to such 

22 term in section 744A of the Federal Food, Drug, and Cos23 metic Act (21 U.S.C. 379j–41). 


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1 SEC. 302 TAX INCENTIVES FOR RELOCATING MANUFAC2 TURING TO THE UNITED STATES. 

3 (a) ACCELERATED DEPRECIATION FOR NONRESI4 DENTIAL REAL PROPERTY.—Section 168 of the Internal 

5 Revenue Code of 1986 is amended by adding at the end 

6 the following new subsection: 

7 ‘‘(n) ACCELERATED DEPRECIATION FOR NONRESI8 DENTIAL REAL PROPERTY ACQUIRED IN CONNECTION

9 WITH THE RELOCATION OF MANUFACTURING TO THE

10 UNITED STATES.— 

11 ‘‘(1) TREATMENT AS 20-YEAR PROPERTY.—For 

12 purposes of this section, qualified nonresidential real 

13 property shall be treated as 20-year property. 

14 ‘‘(2) APPLICATION OF BONUS DEPRECIATION.— 

15 For application of bonus depreciation to qualified 

16 nonresidential real property, see subsection (k). 

17 ‘‘(3) QUALIFIED NONRESIDENTIAL REAL PROP18 ERTY.—For purposes of this subsection, the term 

19 ‘qualified nonresidential real property’ means non20 residential real property placed in service in the 

21 United States by a qualified manufacturer if such 

22 property is acquired by such qualified manufacturer 

23 in connection with a qualified relocation of manufac24 turing. 

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1 facturer’ means any person engaged in the trade or 

2 business of manufacturing any tangible personal 

3 property. 

4 ‘‘(5) QUALIFIED RELOCATION OF MANUFAC5 TURING.—For purposes of this subsection— 

6 ‘‘(A) IN GENERAL.—The term ‘qualified 

7 relocation of manufacturing’ means, with re8 spect to any qualified manufacturer, the reloca9 tion of the manufacturing of any tangible per10 sonal property from a foreign country to the 

11 United States. 

12 ‘‘(B) RELOCATION OF PROPERTY NOT RE13 QUIRED.—For purposes of subparagraph (A), 

14 manufacturing shall not fail to be treated as re15 located merely because property used in such 

16 manufacturing was not relocated. 

17 ‘‘(C) RELOCATION OF NOT LESS THAN

18 EQUIVALENT PRODUCTIVE CAPACITY RE19 QUIRED.—For purposes of subparagraph (A), 

20 manufacturing shall not be treated as relocated 

21 unless the property manufactured in the United 

22 States is substantially identical to the property 

23 previously manufactured in a foreign country 

24 and the increase in the units of production of 

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1 fied manufacturer is not less than the reduction 

2 in the units of production of such property in 

3 such foreign country by such qualified manufac4 turer. 

5 ‘‘(6) APPLICATION TO POSSESSIONS OF THE

6 UNITED STATES.—For purposes of this subsection, 

7 the term ‘United States’ includes any possession of 

8 the United States.’’. 

9 (b) EXCLUSION OF GAIN ON DISPOSITION OF PROP10 ERTY IN CONNECTION WITH QUALIFIED RELOCATION OF

11 MANUFACTURING.— 

12 (1) IN GENERAL.—Part III of subchapter B of 

13 chapter 1 of such Code is amended by inserting 

14 after section 139I the following new section: 

15 ‘‘SEC. 139J. EXCLUSION OF GAIN ON DISPOSITION OF PROP16 ERTY IN CONNECTION WITH QUALIFIED RE17 LOCATION OF MANUFACTURING. 

18 ‘‘(a) IN GENERAL.—In the case of a qualified manu19 facturer, gross income shall not include gain from the sale 

20 or exchange of qualified relocation disposition property. 

21 ‘‘(b) QUALIFIED RELOCATION DISPOSITION PROP22 ERTY.—For purposes of this section, the term ‘qualified 

23 relocation disposition property’ means any property 

24 which— 


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1 ‘‘(1) is sold or exchanged by a qualified manu2 facturer in connection with a qualified relocation of 

3 manufacturing, and 

4 ‘‘(2) was used by such qualified manufacturer 

5 in the trade or business of manufacturing any tan6 gible personal property in the foreign country from 

7 which such manufacturing is being relocated. 

8 ‘‘(c) OTHER TERMS.—Terms used in this section 

9 which are also used in subsection (n) of section 168 shall 

10 have the same meaning when used in this section as when 

11 used in such subsection.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions for part III of subchapter B of chapter 1 of 

14 such Code is amended by inserting after the item re15 lating to section 139I the following new item: 

‘‘Sec. 139J. Exclusion of gain on disposition of property in connection with 

qualified relocation of manufacturing.’’. 

16 (c) EFFECTIVE DATES.— 

17 (1) ACCELERATED DEPRECIATION.—The 

18 amendment made by subsection (a) shall apply to 

19 property placed in service after the date of the en20 actment of this Act. 

21 (2) EXCLUSION OF GAIN.—The amendments 

22 made by subsection (b) shall apply to sales and ex23 changes after the date of the enactment of this Act. 


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1 SEC. 303. PERMANENT FULL EXPENSING FOR QUALIFIED 

2 PROPERTY. 

3 (a) IN GENERAL.—Paragraph (6) of section 168(k) 

4 of the Internal Revenue Code of 1986 is amended to read 

5 as follows: 

6 ‘‘(6) APPLICABLE PERCENTAGE.—For purposes 

7 of this subsection, the term ‘applicable percentage’ 

8 means, in the case of property placed in service (or, 

9 in the case of a specified plant described in para10 graph (5), a plant which is planted or grafted) after 

11 September 27, 2017, 100 percent.’’. 

12 (b) CONFORMING AMENDMENTS.— 

13 (1) Section 168(k) of the Internal Revenue 

14 Code of 1986 is amended— 

15 (A) in paragraph (2)— 

16 (i) in subparagraph (A)— 

17 (I) in clause (i)(V), by inserting 

18 ‘‘and’’ at the end; 

19 (II) in clause (ii), by striking 

20 ‘‘clause (ii) of subparagraph (E), 

21 and’’ and inserting ‘‘clause (i) of sub22 paragraph (E).’’; and 

23 (III) by striking clause (iii); 

24 (ii) in subparagraph (B)— 

25 (I) in clause (i)— 


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1 (aa) by striking subclauses 

2 (II) and (III); and 

3 (bb) by redesignating sub4 clauses (IV) through (VI) as sub5 clauses (II) through (IV), respec6 tively; 

7 (II) by striking clause (ii); and 

8 (III) by redesignating clauses 

9 (iii) and (iv) as clauses (ii) and (iii), 

10 respectively; 

11 (iii) in subparagraph (C)— 

12 (I) in clause (i), by striking ‘‘and 

13 subclauses (II) and (III) of subpara14 graph (B)(i)’’; and 

15 (II) in clause (ii), by striking 

16 ‘‘subparagraph (B)(iii)’’ and inserting 

17 ‘‘subparagraph (B)(ii)’’; and 

18 (iv) in subparagraph (E)— 

19 (I) by striking clause (i); and 

20 (II) by redesignating clauses (ii) 

21 and (iii) as clauses (i) and (ii), respec22 tively; and 

23 (B) in paragraph (5)(A), by striking 

24 ‘‘planted before January 1, 2027, or is grafted 

25 before such date to a plant that has already 


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1 been planted,’’ and inserting ‘‘planted or graft2 ed’’. 

3 (2) Section 460(c)(6)(B) of such Code is 

4 amended by striking ‘‘which’’ and all that follows 

5 through the period and inserting ‘‘which has a recov6 ery period of 7 years or less.’’. 

7 (c) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect as if included in section 

9 13201 of Public Law 115–97. 

10 SEC. 304. PRINCIPAL NEGOTIATING OBJECTIVES OF THE 

11 UNITED STATES RELATING TO TRADE IN 

12 COVERED PHARMACEUTICAL PRODUCTS. 

13 Section 102(b) of the Bipartisan Congressional Trade 

14 Priorities and Accountability Act of 2015 (19 U.S.C. 

15 4201(b)) is amended by adding at the end the following: 

16 ‘‘(23) TRADE IN COVERED PHARMACEUTICAL

17 PRODUCTS.— 

18 ‘‘(A) IN GENERAL.—It is the objective of 

19 the United States to negotiate a plurilateral 

20 agreement among trusted allies relating to 

21 trade in covered pharmaceutical products to 

22 which section 103(b) will apply, for which the 

23 principal negotiating objectives of the United 

24 States are the following: 


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1 ‘‘(i) To ensure that a party to the 

2 agreement adopts and maintains measures 

3 to eliminate the imposition or reimposition 

4 of tariffs on imports of such products, par5 ticularly in the event of a declared emer6 gency. 

7 ‘‘(ii) To ensure that a party to the 

8 agreement— 

9 ‘‘(I) will reduce or eliminate reg10 ulatory and other technical barriers in 

11 the pharmaceutical sector; 

12 ‘‘(II) will promote expedited ap13 proval of facilities for the production 

14 of such products being built by busi15 ness enterprises that operate one or 

16 more such facilities in the territory of 

17 the party; 

18 ‘‘(III) will promote the use of 

19 good regulatory practices and stream20 lined regulatory review and approval 

21 processes for the production of such 

22 products in the territory of the party; 

23 ‘‘(IV) will eliminate duplicated 

24 actions and other barriers to reduce 


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1 the time for approvals of both facili2 ties and such products; and 

3 ‘‘(V) will expand transparency 

4 and cooperation with other parties 

5 and their manufacturers, working col6 laboratively, to ensure regulatory 

7 processes are streamlined and har8 monized among other parties to the 

9 maximum extent possible. 

10 ‘‘(iii) To prohibit export restraints 

11 against parties to the agreement, particu12 larly in the event of a declared emergency. 

13 ‘‘(iv) With respect to use of sub14 sidies— 

15 ‘‘(I) to encourage the coordinated 

16 provision of those types of subsidies 

17 that are classified under World Trade 

18 Organization rules as ‘non-prohibited’, 

19 such as subsidies that are not contin20 gent on exports or import-substi21 tution, to incentivize manufacturing of 

22 such products, including the provision 

23 of grants, loans, tax incentives, and 

24 guaranteed price and volume con25 tracts; 


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1 ‘‘(II) to explicitly permit, among 

2 parties to the agreement, the use of 

3 production subsidies to build pharma4 ceutical manufacturing capacity; 

5 ‘‘(III) to affirm that subsidies 

6 provided by parties are not intended 

7 to be used primarily for export or to 

8 distort trade; 

9 ‘‘(IV) to affirm parties’ commit10 ments under the Antidumping Agree11 ment and the Agreement on Subsidies 

12 and Countervailing Measures, includ13 ing the recognition that ‘dumping, by 

14 which products of one country are in15 troduced into the commerce of an16 other country at less than the normal 

17 value of the products, is to be con18 demned if it causes or threatens mate19 rial injury to an established industry 

20 in the territory of a contracting party 

21 or materially retards the establish22 ment of a domestic industry’; and 

23 ‘‘(V) to encourage notification 

24 and consultation among parties as 

25 they are considering pharmaceutical 


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1 manufacturing subsidies to increase 

2 coordination and avoid creating condi3 tions such as oversupply or market in4 efficiencies among the parties. 

5 ‘‘(v) With respect to government pro6 curement— 

7 ‘‘(I) to provide reciprocal access 

8 to government procurements for such 

9 products in parties to the agreement; 

10 ‘‘(II) to increase coordination be11 tween participant countries and facili12 tate the involvement of participant 

13 countries’ companies in bids to supply 

14 such products; and 

15 ‘‘(III) to ensure that any partici16 pant in the agreement that is not al17 ready so designated, becomes des18 ignated for purposes of section 301 of 

19 the Trade Agreements Act of 1979 

20 (19 U.S.C. 2511). 

21 ‘‘(vi) With respect to trade in serv22 ices— 

23 ‘‘(I) to obtain fair, open, and 

24 transparent access to supply chain 

25 services in the markets of parties to 


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1 the agreement, such as distribution, 

2 logistics, and transportation services; 

3 ‘‘(II) to ensure any restrictions 

4 or regulatory requirements maintained 

5 on such services are adopted and 

6 maintained in a transparent and effi7 cient manner; and 

8 ‘‘(III) to require parties to estab9 lish an internal process for identifying 

10 restrictions or regulatory require11 ments that could be waived in the 

12 event of a declared emergency. 

13 ‘‘(vii) With respect to transparency 

14 and trade facilitation— 

15 ‘‘(I) to obtain commitments 

16 among parties to the agreement to de17 velop mechanisms for sharing infor18 mation on pharmaceutical supply 

19 chain constraints and coordinate ap20 proaches with parties to minimize 

21 risks that could lead to supply chain 

22 failures; and 

23 ‘‘(II) to the extent they have not 

24 done so yet, to obtain commitments 

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1 ment the obligations under the World 

2 Trade Organization’s Agreement on 

3 Trade Facilitation prior to the date 

4 the agreement enters into force. 

5 ‘‘(viii) With respect to enforcement— 

6 ‘‘(I) to ensure that benefits under 

7 the agreement can only be obtained by 

8 parties that are fully meeting their ob9 ligations under the agreement; 

10 ‘‘(II) to ensure that parties will 

11 not bring a dispute under another 

12 agreement for actions that are con13 sistent with the agreement; and 

14 ‘‘(III) to provide a dispute settle15 ment mechanism comparable to the 

16 dispute settlement provisions of the 

17 Agreement between the United States 

18 of America, the United Mexican 

19 States, and Canada. 

20 ‘‘(ix) To minimize the ability of par21 ties to the agreement to undermine the ef22 fectiveness of the agreement by abusing ex23 ceptions in the agreement by including ad24 ditional procedural requirements, such as 

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1 tion at the time an inconsistent action is 

2 taken, and limiting the duration that par3 ticipants may rely on an exception. 

4 ‘‘(B) DEFINITIONS.—In this paragraph: 

5 ‘‘(i) ACTIVE PHARMACEUTICAL INGRE6 DIENT.—The term ‘active pharmaceutical 

7 ingredient’— 

8 ‘‘(I) means any component that 

9 is intended to furnish pharmacological 

10 activity or other direct effect in the 

11 diagnosis, cure, mitigation, treatment, 

12 or prevention of a disease, or to affect 

13 the structure or any function of the 

14 body of a human or animal; and 

15 ‘‘(II) does not include— 

16 ‘‘(aa) intermediates used in 

17 the synthesis of a drug product; 

18 or 

19 ‘‘(bb) components that may 

20 undergo chemical change in the 

21 manufacture of a drug product 

22 and be present in a drug product 

23 in a modified form that is in24 tended to furnish such activity or 

25 effect. 


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1 ‘‘(ii) AGREEMENT ON SUBSIDIES AND

2 COUNTERVAILING MEASURES.—The term 

3 ‘Agreement on Subsidies and Counter4 vailing Measures’ means the agreement re5 ferred to in section 101(d)(12) of the Uru6 guay Round Agreements Act (19 U.S.C. 

7 3511(d)(12)). 

8 ‘‘(iii) ANTIDUMPING AGREEMENT.— 

9 The term ‘Antidumping Agreement’ means 

10 the Agreement on Implementation of Arti11 cle VI of the General Agreement on Tariffs 

12 and Trade 1994 referred to in section 

13 101(d)(7) of the Uruguay Round Agree14 ments Act (19 U.S.C. 3511(d)(7)). 

15 ‘‘(iv) BIOLOGICAL PRODUCT.—The 

16 term ‘biological product’ has the meaning 

17 given to such term in section 351(i) of the 

18 Public Health Service Act (42 U.S.C. 

19 262(i)). 

20 ‘‘(v) COVERED PHARMACEUTICAL

21 PRODUCT.—The term ‘covered pharma22 ceutical product’ means— 

23 ‘‘(I) a drug (including a biologi24 cal product); or 


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1 ‘‘(II) an active pharmaceutical 

2 ingredient.’’. 

3 SEC. 305. REAUTHORIZATION OF TRADE AGREEMENTS AU4 THORITY. 

5 Section 103 of the Bipartisan Congressional Trade 

6 Priorities and Accountability Act of 2015 (19 U.S.C. 

7 4202) is amended— 

8 (1) in subsection (a)— 

9 (A) by striking ‘‘July 1, 2018’’ each place 

10 it appears and inserting ‘‘July 1, 2023’’; and 

11 (B) by striking ‘‘July 1, 2021’’ each place 

12 it appears and inserting ‘‘July 1, 2026’’; 

13 (2) in subsection (b)— 

14 (A) by striking ‘‘July 1, 2018’’ each place 

15 it appears and inserting ‘‘July 1, 2023’’; and 

16 (B) by striking ‘‘July 1, 2021’’ each place 

17 it appears and inserting ‘‘July 1, 2026’’; and 

18 (3) in subsection (c)— 

19 (A) by striking ‘‘July 1, 2018’’ each place 

20 it appears and inserting ‘‘July 1, 2023’’; 

21 (B) by striking ‘‘June 30, 2018’’ and in22 serting ‘‘June 30, 2023’’; 

23 (C) in paragraph (1)(B), by striking ‘‘July 

24 1, 2021’’ and inserting ‘‘July 1, 2026’’; 


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1 (D) in paragraph (2), by striking ‘‘April 1, 

2 2018’’ and inserting ‘‘April 1, 2023’’; and 

3 (E) in paragraph (3), by striking ‘‘June 1, 

4 2018’’ and inserting ‘‘June 1, 2023’’. 

5 SEC. 306. SECURING ESSENTIAL MEDICAL MATERIALS. 

6 (a) STATEMENT OF POLICY.—Section 2(b) of the De7 fense Production Act of 1950 (50 U.S.C. 4502) is amend8 ed— 

9 (1) by redesignating paragraphs (3) through 

10 (8) as paragraphs (4) through (9), respectively; and 

11 (2) by inserting after paragraph (2) the fol12 lowing: 

13 ‘‘(3) authorities under this Act should be used 

14 when appropriate to ensure the availability of med15 ical materials essential to national defense, including 

16 through measures designed to secure the drug sup17 ply chain, and taking into consideration the impor18 tance of United States competitiveness, scientific 

19 leadership and cooperation, and innovative capac20 ity;’’. 

21 (b) STRENGTHENING DOMESTIC CAPABILITY.—Sec22 tion 107 of the Defense Production Act of 1950 (50 

23 U.S.C. 4517) is amended— 

24 (1) in subsection (a), by inserting ‘‘(including 

25 medical materials)’’ after ‘‘materials’’; and 


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1 (2) in subsection (b)(1), by inserting ‘‘(includ2 ing medical materials such as drugs, devices, and bi3 ological products to diagnose, cure, mitigate, treat, 

4 or prevent disease that are essential to national de5 fense)’’ after ‘‘essential materials’’. 

6 (c) STRATEGY ON SECURING SUPPLY CHAINS FOR

7 MEDICAL MATERIALS.—Title I of the Defense Production 

8 Act of 1950 (50 U.S.C. 4511 et seq.) is amended by add9 ing at the end the following: 

10 ‘‘SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR 

11 MEDICAL MATERIALS. 

12 ‘‘(a) IN GENERAL.—Not later than 180 days after 

13 the date of the enactment of this section, the President, 

14 in consultation with the Secretary of Health and Human 

15 Services, the Secretary of Commerce, the Secretary of 

16 Homeland Security, and the Secretary of Defense, shall 

17 transmit a strategy to the appropriate Members of Con18 gress that includes the following: 

19 ‘‘(1) A detailed plan to use the authorities 

20 under this title and title III, or any other provision 

21 of law, to ensure the supply of medical materials (in22 cluding drugs, devices, and biological products (as 

23 that term is defined in section 351 of the Public 

24 Health Service Act (42 U.S.C. 262)) to diagnose, 

25 cure, mitigate, treat, or prevent disease) essential to 


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1 national defense, to the extent necessary for the pur2 poses of this Act. 

3 ‘‘(2) An analysis of vulnerabilities to existing 

4 supply chains for such medical materials, and rec5 ommendations to address the vulnerabilities. 

6 ‘‘(3) Measures to be undertaken by the Presi7 dent to diversify such supply chains, as appropriate 

8 and as required for national defense. 

9 ‘‘(4) A discussion of— 

10 ‘‘(A) any significant effects resulting from 

11 the plan and measures described in this sub12 section on the production, cost, or distribution 

13 of biological products (as that term is defined 

14 in section 351 of the Public Health Service Act 

15 (42 U.S.C. 262)) or any other devices or drugs 

16 (as defined under the Federal Food, Drug, and 

17 Cosmetic Act (21 U.S.C. 301 et seq.)); 

18 ‘‘(B) a timeline to ensure that essential 

19 components of the supply chain for medical ma20 terials are not under the exclusive control of a 

21 foreign government in a manner that the Presi22 dent determines could threaten the national de23 fense of the United States; and 

24 ‘‘(C) efforts to mitigate any risks resulting 

25 from the plan and measures described in this 


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1 subsection to United States competitiveness, 

2 scientific leadership, and innovative capacity, 

3 including efforts to cooperate and proactively 

4 engage with United States allies. 

5 ‘‘(b) PROGRESS REPORT.—Following submission of 

6 the strategy under subsection (a), the President shall sub7 mit to the appropriate Members of Congress an annual 

8 progress report until September 30, 2025, evaluating the 

9 implementation of the strategy, and may include updates 

10 to the strategy as appropriate. The strategy and progress 

11 reports shall be submitted in unclassified form but may 

12 contain a classified annex. 

13 ‘‘(c) APPROPRIATE MEMBERS OF CONGRESS.—The 

14 term ‘appropriate Members of Congress’ means the 

15 Speaker, majority leader, and minority leader of the 

16 House of Representatives, the majority leader and minor17 ity leader of the Senate, the Chairman and Ranking Mem18 ber of the Committee on Financial Services of the House 

19 of Representatives, and the Chairman and Ranking Mem20 ber of the Committee on Banking, Housing, and Urban 

21 Affairs of the Senate.’’. 

22 SEC. 307. INVESTMENT IN SUPPLY CHAIN SECURITY. 

23 (a) IN GENERAL.—Section 303 of the Defense Pro24 duction Act of 1950 (50 U.S.C. 4533) is amended by add25 ing at the end the following: 


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1 ‘‘(h) INVESTMENT IN SUPPLY CHAIN SECURITY.— 

2 ‘‘(1) IN GENERAL.—In addition to other au3 thorities in this title, the President may make avail4 able to an eligible entity described in paragraph (2) 

5 payments to increase the security of supply chains 

6 and supply chain activities, if the President certifies 

7 to Congress not less than 30 days before making 

8 such a payment that the payment is critical to meet 

9 national defense requirements of the United States. 

10 ‘‘(2) ELIGIBLE ENTITY.—An eligible entity de11 scribed in this paragraph is an entity that— 

12 ‘‘(A) is organized under the laws of the 

13 United States or any jurisdiction within the 

14 United States; and 

15 ‘‘(B) produces— 

16 ‘‘(i) one or more critical components; 

17 ‘‘(ii) critical technology; or 

18 ‘‘(iii) one or more products or raw 

19 materials for the security of supply chains 

20 or supply chain activities. 

21 ‘‘(3) DEFINITIONS.—In this subsection, the 

22 terms ‘supply chain’ and ‘supply chain activities’ 

23 have the meanings given those terms by the Presi24 dent by regulation.’’. 

25 (b) REGULATIONS.— 


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1 (1) IN GENERAL.—Not later than 90 days after 

2 the date of the enactment of this Act, the President 

3 shall prescribe regulations setting forth definitions 

4 for the terms ‘‘supply chain’’ and ‘‘supply chain ac5 tivities’’ for the purposes of section 303(h) of the 

6 Defense Production Act of 1950 (50 U.S.C. 

7 4533(h)), as added by subsection (a). 

8 (2) SCOPE OF DEFINITIONS.—The definitions 

9 required by paragraph (1)— 

10 (A) shall encompass— 

11 (i) the organization, people, activities, 

12 information, and resources involved in the 

13 delivery and operation of a product or serv14 ice used by the Government; or 

15 (ii) critical infrastructure as defined 

16 in Presidential Policy Directive 21 (Feb17 ruary 12, 2013; relating to critical infra18 structure security and resilience); and 

19 (B) may include variations as determined 

20 necessary and appropriate by the President for 

21 purposes of national defense. 


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1 SEC. 308. PERMIT PROCESS FOR PROJECTS RELATING TO 

2 EXTRACTION, RECOVERY, OR PROCESSING 

3 OF CRITICAL MATERIALS. 

4 (a) DEFINITION OF COVERED PROJECT.—Section 

5 41001(6)(A) of the FAST Act (42 U.S.C. 4370(m)(6)(A)) 

6 is amended— 

7 (1) in clause (i)(III), by striking ‘‘; or’’ and in8 serting a semicolon; 

9 (2) in clause (ii)(II), by striking the period and 

10 inserting ‘‘; or’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(iii) is related to the extraction, re13 covery, or processing from coal, coal waste, 

14 coal processing waste, pre- or post-combus15 tion coal byproducts, or acid mine drainage 

16 from coal mines of one of the following 

17 materials: 

18 ‘‘(I) Critical minerals (as such 

19 term is defined in section 7002 of the 

20 Energy Act of 2020). 

21 ‘‘(II) Rare earth elements. 

22 ‘‘(III) Microfine carbon or carbon 

23 from coal.’’. 

24 (b) REPORT.—Not later than 6 months after the date 

25 of enactment of this Act, the Secretary of the Interior 

26 shall submit to the Committees on Energy and Natural 


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1 Resources and Commerce, Science, and Transportation of 

2 the Senate and the Committees on Transportation and In3 frastructure, Natural Resources, and Energy and Com4 merce of the House of Representatives a report evaluating 

5 the timeliness of implementation of reforms of the permit6 ting process required as a result of the amendments made 

7 by this Act on the following: 

8 (1) The economic and national security of the 

9 United States. 

10 (2) Domestic production and supply of critical 

11 minerals, rare earths, and microfine carbon or car12 bon from coal. 

13 TITLE IV—MATTERS RELATING 

14 TO RESEARCH AND DEVELOP15 MENT 

16 SEC. 401. PERMANENT FULL EXPENSING FOR QUALIFIED 

17 PROPERTY. 

18 (a) IN GENERAL.—Paragraph (6) of section 168(k) 

19 of the Internal Revenue Code of 1986 is amended to read 

20 as follows: 

21 ‘‘(6) APPLICABLE PERCENTAGE.—For purposes 

22 of this subsection, the term ‘applicable percentage’ 

23 means, in the case of property placed in service (or, 

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1 graph (5), a plant which is planted or grafted) after 

2 September 27, 2017, 100 percent.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) Section 168(k) of the Internal Revenue 

5 Code of 1986 is amended— 

6 (A) in paragraph (2)— 

7 (i) in subparagraph (A)— 

8 (I) in clause (i)(V), by inserting 

9 ‘‘and’’ at the end; 

10 (II) in clause (ii), by striking 

11 ‘‘clause (ii) of subparagraph (E), 

12 and’’ and inserting ‘‘clause (i) of sub13 paragraph (E).’’; and 

14 (III) by striking clause (iii); 

15 (ii) in subparagraph (B)— 

16 (I) in clause (i)— 

17 (aa) by striking subclauses 

18 (II) and (III); and 

19 (bb) by redesignating sub20 clauses (IV) through (VI) as sub21 clauses (II) through (IV), respec22 tively; 

23 (II) by striking clause (ii); and 


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1 (III) by redesignating clauses 

2 (iii) and (iv) as clauses (ii) and (iii), 

3 respectively; 

4 (iii) in subparagraph (C)— 

5 (I) in clause (i), by striking ‘‘and 

6 subclauses (II) and (III) of subpara7 graph (B)(i)’’; and 

8 (II) in clause (ii), by striking 

9 ‘‘subparagraph (B)(iii)’’ and inserting 

10 ‘‘subparagraph (B)(ii)’’; and 

11 (iv) in subparagraph (E)— 

12 (I) by striking clause (i); and 

13 (II) by redesignating clauses (ii) 

14 and (iii) as clauses (i) and (ii), respec15 tively; and 

16 (B) in paragraph (5)(A), by striking 

17 ‘‘planted before January 1, 2027, or is grafted 

18 before such date to a plant that has already 

19 been planted,’’ and inserting ‘‘planted or graft20 ed’’. 

21 (2) Section 460(c)(6)(B) of such Code is 

22 amended by striking ‘‘which’’ and all that follows 

23 through the period and inserting ‘‘which has a recov24 ery period of 7 years or less.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect as if included in section 

3 13201 of Public Law 115–97. 

4 SEC. 402. RESEARCH AND EXPERIMENTAL EXPENDITURES. 

5 (a) IN GENERAL.—Section 174 of the Internal Rev6 enue Code of 1986 is amended to read as follows: 

7 ‘‘§ 174. Research and experimental expenditures 

8 ‘‘(a) TREATMENT AS EXPENSES.— 

9 ‘‘(1) IN GENERAL.—A taxpayer may treat re10 search or experimental expenditures which are paid 

11 or incurred by him during the taxable year in con12 nection with his trade or business as expenses which 

13 are not chargeable to capital account. The expendi14 tures so treated shall be allowed as a deduction. 

15 ‘‘(2) WHEN METHOD MAY BE ADOPTED.— 

16 ‘‘(A) WITHOUT CONSENT.—A taxpayer 

17 may, without the consent of the Secretary, 

18 adopt the method provided in this subsection 

19 for his first taxable year for which expenditures 

20 described in paragraph (1) are paid or incurred. 

21 ‘‘(B) WITH CONSENT.—A taxpayer may, 

22 with the consent of the Secretary, adopt at any 

23 time the method provided in this subsection. 

24 ‘‘(3) SCOPE.—The method adopted under this 

25 subsection shall apply to all expenditures described 


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1 in paragraph (1). The method adopted shall be ad2 hered to in computing taxable income for the taxable 

3 year and for all subsequent taxable years unless, 

4 with the approval of the Secretary, a change to a 

5 different method is authorized with respect to part 

6 or all of such expenditures. 

7 ‘‘(b) AMORTIZATION OF CERTAIN RESEARCH AND

8 EXPERIMENTAL EXPENDITURES.— 

9 ‘‘(1) IN GENERAL.—At the election of the tax10 payer, made in accordance with regulations pre11 scribed by the Secretary, research or experimental 

12 expenditures which are— 

13 ‘‘(A) paid or incurred by the taxpayer in 

14 connection with his trade or business, 

15 ‘‘(B) not treated as expenses under sub16 section (a), and 

17 ‘‘(C) chargeable to capital account but not 

18 chargeable to property of a character which is 

19 subject to the allowance under section 167 (re20 lating to allowance for depreciation, etc.) or sec21 tion 611 (relating to allowance for depletion), 

22 may be treated as deferred expenses. In computing 

23 taxable income, such deferred expenses shall be al24 lowed as a deduction ratably over such period of not 

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1 payer (beginning with the month in which the tax2 payer first realizes benefits from such expenditures). 

3 Such deferred expenses are expenditures properly 

4 chargeable to capital account for purposes of section 

5 1016(a)(1) (relating to adjustments to basis of prop6 erty). 

7 ‘‘(2) TIME FOR AND SCOPE OF ELECTION.—The 

8 election provided by paragraph (1) may be made for 

9 any taxable year, but only if made not later than the 

10 time prescribed by law for filing the return for such 

11 taxable year (including extensions thereof). The 

12 method so elected, and the period selected by the 

13 taxpayer, shall be adhered to in computing taxable 

14 income for the taxable year for which the election is 

15 made and for all subsequent taxable years unless, 

16 with the approval of the Secretary, a change to a 

17 different method (or to a different period) is author18 ized with respect to part or all of such expenditures. 

19 The election shall not apply to any expenditure paid 

20 or incurred during any taxable year before the tax21 able year for which the taxpayer makes the election. 

22 ‘‘(c) LAND AND OTHER PROPERTY.—This section 

23 shall not apply to any expenditure for the acquisition or 

24 improvement of land, or for the acquisition or improve25 ment of property to be used in connection with the reVerDate Sep 11 2014 16:25 May 16, 2024 Jkt 049200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\H7476.IH H7476

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1 search or experimentation and of a character which is sub2 ject to the allowance under section 167 (relating to allow3 ance for depreciation, etc.) or section 611 (relating to al4 lowance for depletion); but for purposes of this section al5 lowances under section 167, and allowances under section 

6 611, shall be considered as expenditures. 

7 ‘‘(d) EXPLORATION EXPENDITURES.—This section 

8 shall not apply to any expenditure paid or incurred for 

9 the purpose of ascertaining the existence, location, extent, 

10 or quality of any deposit of ore or other mineral (including 

11 oil and gas). 

12 ‘‘(e) ONLY REASONABLE RESEARCH EXPENDITURES

13 ELIGIBLE.—This section shall apply to a research or ex14 perimental expenditure only to the extent that the amount 

15 thereof is reasonable under the circumstances.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 for part VI of subchapter B of chapter 1 of such Code 

18 is amended by striking the item relating to section 174 

19 and inserting the following new item: 

‘‘Sec. 174. Research and experimental expenditures.’’. 

20 (c) CONFORMING AMENDMENTS.— 

21 (1) Section 41(d)(1)(A) of such Code is amend22 ed by striking ‘‘specified research or experimental 

23 expenditures under section 174’’ and inserting ‘‘ex24 penses under section 174’’. 


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1 (2) Section 280C(c) of such Code is amended to 

2 read as follows: 

3 ‘‘(c) CREDIT FOR INCREASING RESEARCH ACTIVI4 TIES.— 

5 ‘‘(1) IN GENERAL.—No deduction shall be al6 lowed for that portion of the qualified research ex7 penses (as defined in section 41(b)) or basic re8 search expenses (as defined in section 41(e)(2)) oth9 erwise allowable as a deduction for the taxable year 

10 which is equal to the amount of the credit deter11 mined for such taxable year under section 41(a). 

12 ‘‘(2) SIMILAR RULE WHERE TAXPAYER CAP13 ITALIZES RATHER THAN DEDUCTS EXPENSES.—If— 

14 ‘‘(A) the amount of the credit determined 

15 for the taxable year under section 41(a)(1), ex16 ceeds 

17 ‘‘(B) the amount allowable as a deduction 

18 for such taxable year for qualified research ex19 penses or basic research expenses (determined 

20 without regard to paragraph (1)), 

21 the amount chargeable to capital account for the 

22 taxable year for such expenses shall be reduced by 

23 the amount of such excess. 

24 ‘‘(3) ELECTION OF REDUCED CREDIT.— 


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1 ‘‘(A) IN GENERAL.—In the case of any 

2 taxable year for which an election is made 

3 under this paragraph— 

4 ‘‘(i) paragraphs (1) and (2) shall not 

5 apply, and 

6 ‘‘(ii) the amount of the credit under 

7 section 41(a) shall be the amount deter8 mined under subparagraph (B). 

9 ‘‘(B) AMOUNT OF REDUCED CREDIT.—The 

10 amount of credit determined under this sub11 paragraph for any taxable year shall be the 

12 amount equal to the excess of— 

13 ‘‘(i) the amount of credit determined 

14 under section 41(a) without regard to this 

15 paragraph, over 

16 ‘‘(ii) the product of— 

17 ‘‘(I) the amount described in 

18 clause (i), and 

19 ‘‘(II) the rate of tax under sec20 tion 11(b). 

21 ‘‘(C) ELECTION.—An election under this 

22 paragraph for any taxable year shall be made 

23 not later than the time for filing the return of 

24 tax for such year (including extensions), shall 

25 be made on such return, and shall be made in 


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1 such manner as the Secretary may prescribe. 

2 Such an election, once made, shall be irrev3 ocable. 

4 ‘‘(4) CONTROLLED GROUPS.—Paragraph (3) of 

5 subsection (b) shall apply for purposes of this sub6 section.’’. 

7 (d) EFFECTIVE DATE.—The amendments made by 

8 this section shall apply to amounts paid or incurred in tax9 able years beginning after December 31, 2021. 

10 SEC. 403. REPEAL AND CODIFICATION OF CERTAIN EXECU11 TIVE ORDERS. 

12 (a) REPEAL.—The Executive order relating to the 

13 revocation of certain Executive orders concerning Federal 

14 regulation, signed on January 20, 2021, is hereby re15 scinded. 

16 (b) CODIFICATION OF EXECUTIVE ORDERS.—The 

17 following Executive orders shall have the force and effect 

18 of law: 

19 (1) Executive Order 13771 (82 Fed. Reg. 

20 12866; relating to reducing regulation and control21 ling regulatory costs). 

22 (2) Executive Order 13777 (82 Fed. Reg. 

23 12285; relating to enforcing the regulatory reform 

24 agenda). 


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1 (3) Executive Order 13891 (84 Fed. Reg. 

2 55235; relating to improving agency guidance docu3 ments). 

4 (4) Executive Order 13892 (84 Fed. Reg. 

5 55239; relating to transparency in administrative 

6 enforcement and adjudication). 

7 (5) Executive Order 13893 (84 Fed. Reg. 

8 55487; relating to accountability for administrative 

9 actions). 

10 SEC. 404. EDUCATIONAL ASSISTANCE EXCLUSION FROM 

11 GROSS INCOME INCREASED. 

12 (a) Section 127(b)(2) of the Internal Revenue Code 

13 of 1986 is amended to read as follows: 

14 ‘‘(2) MAXIMUM EXCLUSION.— 

15 ‘‘(A) IN GENERAL.—If but for this para16 graph, this section would exclude from gross in17 come more than the maximum amount of edu18 cational assistance furnished to an individual 

19 during a calendar year, this section shall apply 

20 only to the maximum amount of such assistance 

21 so furnished. 

22 ‘‘(B) MAXIMUM AMOUNT.—For purposes 

23 of subparagraph (B), the term ‘maximum 

24 amount’ means, for any calendar year, an 

25 amount equal to the applicable dollar amount 


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1 for elective deferrals described in section 

2 402(g)(1)(B) (as such amount is adjusted for 

3 inflation for such calendar year).’’. 

4 (b) EFFECTIVE DATE.—The amendment made by 

5 this section shall apply to educational assistance furnished 

6 in taxable years beginning after December 31, 2020. 

7 (a) IN GENERAL.—Section 174 of the Internal Rev8 enue Code of 1986 is amended to read as follows: 

9 ‘‘§ 174. Research and experimental expenditures 

10 ‘‘(a) TREATMENT AS EXPENSES.— 

11 ‘‘(1) IN GENERAL.—A taxpayer may treat re12 search or experimental expenditures which are paid 

13 or incurred by him during the taxable year in con14 nection with his trade or business as expenses which 

15 are not chargeable to capital account. The expendi16 tures so treated shall be allowed as a deduction. 

17 ‘‘(2) WHEN METHOD MAY BE ADOPTED.— 

18 ‘‘(A) WITHOUT CONSENT.—A taxpayer 

19 may, without the consent of the Secretary, 

20 adopt the method provided in this subsection 

21 for his first taxable year for which expenditures 

22 described in paragraph (1) are paid or incurred. 

23 ‘‘(B) WITH CONSENT.—A taxpayer may, 

24 with the consent of the Secretary, adopt at any 

25 time the method provided in this subsection. 


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1 ‘‘(3) SCOPE.—The method adopted under this 

2 subsection shall apply to all expenditures described 

3 in paragraph (1). The method adopted shall be ad4 hered to in computing taxable income for the taxable 

5 year and for all subsequent taxable years unless, 

6 with the approval of the Secretary, a change to a 

7 different method is authorized with respect to part 

8 or all of such expenditures. 

9 ‘‘(b) AMORTIZATION OF CERTAIN RESEARCH AND

10 EXPERIMENTAL EXPENDITURES.— 

11 ‘‘(1) IN GENERAL.—At the election of the tax12 payer, made in accordance with regulations pre13 scribed by the Secretary, research or experimental 

14 expenditures which are— 

15 ‘‘(A) paid or incurred by the taxpayer in 

16 connection with his trade or business, 

17 ‘‘(B) not treated as expenses under sub18 section (a), and 

19 ‘‘(C) chargeable to capital account but not 

20 chargeable to property of a character which is 

21 subject to the allowance under section 167 (re22 lating to allowance for depreciation, etc.) or sec23 tion 611 (relating to allowance for depletion), 

24 may be treated as deferred expenses. In computing 

25 taxable income, such deferred expenses shall be alVerDate Sep 11 2014 16:25 May 16, 2024 Jkt 049200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 E:\BILLS\H7476.IH H7476

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1 lowed as a deduction ratably over such period of not 

2 less than 60 months as may be selected by the tax3 payer (beginning with the month in which the tax4 payer first realizes benefits from such expenditures). 

5 Such deferred expenses are expenditures properly 

6 chargeable to capital account for purposes of section 

7 1016(a)(1) (relating to adjustments to basis of prop8 erty). 

9 ‘‘(2) TIME FOR AND SCOPE OF ELECTION.—The 

10 election provided by paragraph (1) may be made for 

11 any taxable year, but only if made not later than the 

12 time prescribed by law for filing the return for such 

13 taxable year (including extensions thereof). The 

14 method so elected, and the period selected by the 

15 taxpayer, shall be adhered to in computing taxable 

16 income for the taxable year for which the election is 

17 made and for all subsequent taxable years unless, 

18 with the approval of the Secretary, a change to a 

19 different method (or to a different period) is author20 ized with respect to part or all of such expenditures. 

21 The election shall not apply to any expenditure paid 

22 or incurred during any taxable year before the tax23 able year for which the taxpayer makes the election. 

24 ‘‘(c) LAND AND OTHER PROPERTY.—This section 

25 shall not apply to any expenditure for the acquisition or 


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1 improvement of land, or for the acquisition or improve2 ment of property to be used in connection with the re3 search or experimentation and of a character which is sub4 ject to the allowance under section 167 (relating to allow5 ance for depreciation, etc.) or section 611 (relating to al6 lowance for depletion); but for purposes of this section al7 lowances under section 167, and allowances under section 

8 611, shall be considered as expenditures. 

9 ‘‘(d) EXPLORATION EXPENDITURES.—This section 

10 shall not apply to any expenditure paid or incurred for 

11 the purpose of ascertaining the existence, location, extent, 

12 or quality of any deposit of ore or other mineral (including 

13 oil and gas). 

14 ‘‘(e) ONLY REASONABLE RESEARCH EXPENDITURES

15 ELIGIBLE.—This section shall apply to a research or ex16 perimental expenditure only to the extent that the amount 

17 thereof is reasonable under the circumstances.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 for part VI of subchapter B of chapter 1 of such Code 

20 is amended by striking the item relating to section 174 

21 and inserting the following new item: 

‘‘Sec. 174. Research and experimental expenditures.’’. 

22 (c) CONFORMING AMENDMENTS.— 

23 (1) Section 41(d)(1)(A) of such Code is amend24 ed by striking ‘‘specified research or experimental 


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1 expenditures under section 174’’ and inserting ‘‘ex2 penses under section 174’’. 

3 (2) Section 280C(c) of such Code is amended to 

4 read as follows: 

5 ‘‘(c) CREDIT FOR INCREASING RESEARCH ACTIVI6 TIES.— 

7 ‘‘(1) IN GENERAL.—No deduction shall be al8 lowed for that portion of the qualified research ex9 penses (as defined in section 41(b)) or basic re10 search expenses (as defined in section 41(e)(2)) oth11 erwise allowable as a deduction for the taxable year 

12 which is equal to the amount of the credit deter13 mined for such taxable year under section 41(a). 

14 ‘‘(2) SIMILAR RULE WHERE TAXPAYER CAP15 ITALIZES RATHER THAN DEDUCTS EXPENSES.—If— 

16 ‘‘(A) the amount of the credit determined 

17 for the taxable year under section 41(a)(1), ex18 ceeds 

19 ‘‘(B) the amount allowable as a deduction 

20 for such taxable year for qualified research ex21 penses or basic research expenses (determined 

22 without regard to paragraph (1)), 

23 the amount chargeable to capital account for the 

24 taxable year for such expenses shall be reduced by 

25 the amount of such excess. 


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1 ‘‘(3) ELECTION OF REDUCED CREDIT.— 

2 ‘‘(A) IN GENERAL.—In the case of any 

3 taxable year for which an election is made 

4 under this paragraph— 

5 ‘‘(i) paragraphs (1) and (2) shall not 

6 apply, and 

7 ‘‘(ii) the amount of the credit under 

8 section 41(a) shall be the amount deter9 mined under subparagraph (B). 

10 ‘‘(B) AMOUNT OF REDUCED CREDIT.—The 

11 amount of credit determined under this sub12 paragraph for any taxable year shall be the 

13 amount equal to the excess of— 

14 ‘‘(i) the amount of credit determined 

15 under section 41(a) without regard to this 

16 paragraph, over 

17 ‘‘(ii) the product of— 

18 ‘‘(I) the amount described in 

19 clause (i), and 

20 ‘‘(II) the rate of tax under sec21 tion 11(b). 

22 ‘‘(C) ELECTION.—An election under this 

23 paragraph for any taxable year shall be made 

24 not later than the time for filing the return of 

25 tax for such year (including extensions), shall 


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1 be made on such return, and shall be made in 

2 such manner as the Secretary may prescribe. 

3 Such an election, once made, shall be irrev4 ocable. 

5 ‘‘(4) CONTROLLED GROUPS.—Paragraph (3) of 

6 subsection (b) shall apply for purposes of this sub7 section.’’. 

8 (d) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply to amounts paid or incurred in tax10 able years beginning after December 31, 2021. 

11 TITLE V—MATTERS RELATED TO 

12 EDUCATION 

13 Subtitle A—Restrictions Relating 

14 to Foreign Funding of Edu15 cational Institutions 

16 SEC. 501. RESTRICTIONS ON INSTITUTIONS PARTNERING 

17 WITH THE PEOPLE’S REPUBLIC OF CHINA. 

18 (a) FUNDING RESTRICTED.—An institution of higher 

19 education or other post-secondary educational institution 

20 shall not be eligible to receive Federal funds (except funds 

21 under title IV of the Higher Education Act of 1965 (20 

22 U.S.C. 1070 et seq.) or other Department of Education 

23 funds that are provided directly to students) if such insti24 tution: 


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1 (1) has a contractual partnership in effect with 

2 an entity that is owned or controlled, directly or in3 directly, by the Government of the People’s Republic 

4 of China; 

5 (2) has a contractual partnership in effect with 

6 an entity that is organized under the laws of the 

7 People’s Republic of China; or 

8 (3) employs a CCP-funded instructor. 

9 (b) RESTORING ELIGIBILITY.—An institution ineli10 gible to receive Federal funds under subsection (a) may 

11 reestablish eligibility by— 

12 (1) in the case of a contractual partnership 

13 with an entity described in subsection (a)(1) or 

14 (a)(2): 

15 (A) disclosing to the Secretary of Edu16 cation all contractual partnerships with the ap17 plicable entity from the previous 10 years; and 

18 (B) providing to the Secretary of Edu19 cation sufficient evidence that such partnerships 

20 have been terminated; or 

21 (2) in the case of the employment of a CCP22 funded instructor as described in subsection (a)(3), 

23 by demonstrating, to the satisfaction of the Sec24 retary of Education, that the institution no longer 

25 employs a CCP-funded instructor. 


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1 (c) CCP-FUNDED INSTRUCTOR DEFINED.—In this 

2 section, the term ‘‘CCP-funded instructor’’ means a pro3 fessor, teacher, or any other individual who— 

4 (1) provides instruction directly to the students 

5 of an institution of higher education; and 

6 (2) received funds, directly or indirectly, from 

7 the Chinese Communist Party while employed by 

8 such institution. 

9 (d) EFFECTIVE DATE.—The restrictions under this 

10 section shall take effect 180 days after the date of the 

11 enactment of this Act. 

12 SEC. 502. LIMITING EXEMPTION FROM FOREIGN AGENT 

13 REGISTRATION REQUIREMENT FOR PERSONS 

14 ENGAGING IN ACTIVITIES IN FURTHERANCE 

15 OF CERTAIN PURSUITS TO ACTIVITIES NOT 

16 PROMOTING POLITICAL AGENDA OF FOR17 EIGN GOVERNMENTS. 

18 (a) LIMITATION ON EXEMPTION.—Section 3(e) of the 

19 Foreign Agents Registration Act of 1938 (22 U.S.C. 

20 613(e)) is amended by striking the semicolon at the end 

21 and inserting the following: ‘‘, but only if the activities 

22 do not promote the political agenda of a government of 

23 a foreign country;’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply with respect to activities carried 

3 out on or after the date of the enactment of this Act. 

4 SEC. 503. REPORTING EXCHANGE VISITOR CHANGE IN 

5 FIELD OF STUDY. 

6 With respect to a principal nonimmigrant exchange 

7 visitor admitted into the United States in the J–1 classi8 fication under section 101(a)(15)(J) of the Immigration 

9 and Nationality Act (8 U.S.C. 1101(a)(15)(J)) in order 

10 to study, the Secretary of State shall take such action as 

11 may be necessary to ensure that the applicable program 

12 sponsor is required to use the Student and Exchange Vis13 itor Information System to report any change to the non14 immigrant’s primary field of study. In carrying out this 

15 section, the Secretary of State shall take into account the 

16 record keeping and reporting requirements of the Sec17 retary of Homeland Security with regard to non18 immigrants admitted into the United States in the F–1 

19 and M–1 classifications under subparagraphs (F) and (M) 

20 of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)). 

21 SEC. 504. REPORTING CERTAIN RESEARCH PROGRAM PAR22 TICIPATION. 

23 (a) IN GENERAL.—With respect to a principal non24 immigrant admitted into the United States in the J–1 

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1 tion and Nationality Act (8 U.S.C. 1101(a)(15)(J)), in the 

2 F–1 classification under section 101(a)(15)(F) of such 

3 Act, or in the M–1 classification under section 

4 101(a)(15)(M) of such Act, the Secretary of State and the 

5 Secretary of Homeland Security shall take such action as 

6 may be necessary to ensure that the applicable program 

7 sponsor or academic or nonacademic institution is re8 quired to use the Student and Exchange Visitor Informa9 tion System to report when the nonimmigrant is partici10 pating in a research program funded in whole or in part 

11 through a grant, contract, or other similar form of support 

12 provided by the Federal Government, as well as program 

13 identification information. 

14 (b) NOTIFICATIONS.— 

15 (1) SECRETARY.—In the case of a non16 immigrant described in subsection (a), the Secretary 

17 of Homeland Security shall notify the appropriate 

18 program manager at an Executive agency (as de19 fined in section 105 of title 5, United States Code) 

20 if and when the Secretary obtains information that 

21 the nonimmigrant is participating in a research pro22 gram funded in whole or in part through a grant, 

23 contract, or other similar form of support provided 

24 by such agency prior to the commencement of that 


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1 nonimmigrant’s participation and not later than 21 

2 days after authorizing such participation. 

3 (2) SPONSOR OR INSTITUTION.—In the case of 

4 a nonimmigrant described in subsection (a), the ap5 plicable program sponsor or academic or nonaca6 demic institution shall notify the appropriate pro7 gram manager at an Executive agency (as defined in 

8 section 105 of title 5, United States Code) if and 

9 when the sponsor or institution obtains information 

10 that the nonimmigrant is participating in a research 

11 program funded in whole or in part through a grant, 

12 contract, or other similar form of support provided 

13 by such agency prior to the commencement of that 

14 nonimmigrant’s participation and not later than 21 

15 days after authorizing such participation. 

16 SEC. 505. REVIEW AND REVOCATION OF CERTAIN NON17 IMMIGRANT VISAS. 

18 (a) IN GENERAL.—The Secretary of Homeland Secu19 rity shall have the authority to review and revoke a non20 immigrant visa granted under subparagraph (F), (J), or 

21 (M) of section 101(a)(15) of the Immigration and Nation22 ality Act (8 U.S.C. 1101(a)(15)) if, in consultation with 

23 the Attorney General, the Secretary finds that— 


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1 (1) the visa holder has misrepresented his or 

2 her intention to pursue a certain program or field of 

3 study; 

4 (2) following a change to the nonimmigrant’s 

5 primary field of study as described under section 

6 504, that the new primary field of study would have 

7 triggered a higher level of scrutiny during the visa 

8 application process, and that the visa holder poses a 

9 risk to the homeland security of the United States, 

10 the national security of the United States, or re11 search integrity at their applicable program sponsor 

12 or institution; 

13 (3) the visa holder’s enrollment in a research 

14 program funded in whole or in part through a grant, 

15 contract, or other similar form of support provided 

16 by the Federal Government poses a risk to the 

17 homeland security of the United States, the national 

18 security of the United States, or research integrity 

19 at their applicable program sponsor or institution; or 

20 (4) the visa was granted to an alien who is a 

21 citizen of the People’s Republic of China if the Sec22 retary of State determines that the alien seeks to 

23 enter the United States to participate in graduate24 level or post-graduate-level coursework or academic 

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1 ing, or mathematics at an institution of higher edu2 cation. 

3 (b) NOTICE.—Thirty days before the commencement 

4 of a review under subsection (a), the Secretary of Home5 land Security shall provide the applicable program sponsor 

6 or institution with a notice containing the specific basis 

7 of the forthcoming review. During this 30-day period, the 

8 program sponsor or institution may take corrective action 

9 to alleviate any concerns raised by the Secretary. At the 

10 conclusion of the 30-day period, the Secretary shall deter11 mine whether the program sponsor or institution has satis12 factorily addressed the concerns or a review remains nec13 essary. 

14 (c) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

15 (1) IN GENERAL.—There shall be no adminis16 trative or judicial review of a determination to re17 voke a visa under this section except in accordance 

18 with this subsection. 

19 (2) ADMINISTRATIVE REVIEW.— 

20 (A) SINGLE LEVEL OF ADMINISTRATIVE

21 APPELLATE REVIEW.—The Secretary of Home22 land Security shall establish an appellate au23 thority to provide for a single level of adminis24 trative appellate review of such a determination. 


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1 (B) STANDARD FOR REVIEW.—Such ad2 ministrative appellate review shall be based 

3 solely upon the administrative record estab4 lished at the time of the determination and 

5 upon such additional or newly discovered evi6 dence as may not have been available at the 

7 time of the determination. 

8 (3) JUDICIAL REVIEW.— 

9 (A) LIMITATION TO REVIEW OF RE10 MOVAL.—There shall be judicial review of a de11 termination to revoke a visa under this section 

12 only in the judicial review of an order of re13 moval under section 242 of the Immigration 

14 and Nationality Act (8 U.S.C. 1252). 

15 (B) STANDARD FOR JUDICIAL REVIEW.— 

16 Such judicial review shall be based solely upon 

17 the administrative record established at the 

18 time of the review by the appellate authority 

19 and the findings of fact and determinations 

20 contained in such record shall be conclusive un21 less the applicant can establish abuse of discre22 tion or that the findings are directly contrary to 

23 clear and convincing facts contained in the 

24 record considered as a whole. 


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1 SEC. 506. ANNUAL REPORT. 

2 (a) IN GENERAL.—The Secretary of Homeland Secu3 rity shall require the Academic Institutions Subcommittee 

4 of the Homeland Security Advisory Council of the Depart5 ment of Homeland Security to provide an annual report 

6 to the Committee on the Judiciary, the Committee on 

7 Homeland Security, and the Committee on Foreign Af8 fairs of the House of Representatives, and the Committee 

9 on the Judiciary, the Committee on Homeland Security 

10 and Governmental Affairs, and the Committee on Foreign 

11 Relations of the Senate, on— 

12 (1) the implementation and execution of any 

13 visa reviews and revocations undertaken under sec14 tion 506; 

15 (2) the number of alien students enrolled at 

16 academic or nonacademic institutions in the United 

17 States, disaggregated by— 

18 (A) program of study; 

19 (B) previous and current nationality; and 

20 (C) participation in a research program 

21 (which may or may not be classified) funded in 

22 whole or in part through a grant, contract, or 

23 other similar form of support provided by the 

24 Federal Government, differentiated by agency, 

25 sub-agency, and program; and 


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1 (3) the number of alien students who have 

2 changed their field of study, including their original 

3 and subsequent field of study, disaggregated by the 

4 information described in subparagraphs (A), (B), 

5 and (C) of paragraph (2). 

6 (b) APPENDIX.—Each report under subsection (a) 

7 shall include an appendix containing any feedback pro8 vided on a voluntary basis by any program sponsor or in9 stitution affected by a visa review or revocation under10 taken under section 506. 

11 Subtitle B—Protecting Our 

12 Universities Act 

13 SEC. 511. SENSITIVE RESEARCH PROJECT LIST. 

14 (a) SENSITIVE RESEARCH PROJECT LIST.—The Of15 fice of the Director of National Intelligence shall, in con16 sultation with the National Security Advisor shall actively 

17 maintain a list of sensitive research projects. Such list 

18 shall— 

19 (1) be referred to as the Sensitive Research 

20 Projects List; and 

21 (2) for each project included on the list, indi22 cate— 

23 (A) the qualified funding agency that is 

24 funding the project; 


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1 (B) whether the project is open to student 

2 participation; and 

3 (C) whether the project is related to— 

4 (i) an item listed on the Commerce 

5 Control List (CCL) maintained by the De6 partment of Commerce; 

7 (ii) an item listed on the United 

8 States Munitions List maintained by the 

9 Department of State; or 

10 (iii) technology designated by the Sec11 retary of Defense as having a technology 

12 readiness level of 1, 2, or 3. 

13 (b) REPORT TO CONGRESS.—Not later than one year 

14 after the date of enactment of this Act, and every six 

15 months thereafter, the interagency working group de16 scribed in section 1746 of the National Defense Authoriza17 tion Act for Fiscal Year 2020 (42 U.S.C. 6601 note) shall 

18 provide a report to the Committee on Education and the 

19 Workforce, the Committee on Armed Services, and the 

20 Permanent Select Committee on Intelligence of the House 

21 of Representatives, and to the Committee on Health, Edu22 cation, Labor, and Pensions, the Committee on Armed 

23 Services, and the Select Committee on Intelligence of the 

24 Senate, regarding the threat of espionage at institutions 

25 of higher education. In each such briefing, the interagency 


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1 working group shall identify actions that may be taken 

2 to reduce espionage carried out through student participa3 tion in sensitive research projects. The interagency work4 ing group shall also include in this report an assessment 

5 of whether the current licensing regulations relating to the 

6 International Traffic in Arms Regulations and the Export 

7 Administration Regulations are sufficient to protect the 

8 security of the projects listed on the Sensitive Research 

9 Project List. 

10 SEC. 512. FOREIGN STUDENT PARTICIPATION IN SENSITIVE 

11 RESEARCH PROJECTS. 

12 (a) APPROVAL OF FOREIGN STUDENT PARTICIPA13 TION REQUIRED.—Beginning on the date that is one year 

14 after the date of enactment of this Act, for each project 

15 on the Sensitive Research Project List that is open to stu16 dent participation, the head of such project at the institu17 tion of higher education at which the project is being car18 ried out shall ensure that each student participating in 

19 such project shall be required to provide proof of citizen20 ship before the student is permitted to participate in such 

21 project. A student who is a citizen of a country identified 

22 in subsection (b) shall be permitted to participate in such 

23 a project only if— 

24 (1) the student applies for, and receives ap25 proval from, the Director of National Intelligence to 


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1 participate in such project, based on a background 

2 check and any other information the Director deter3 mines to be appropriate; and 

4 (2) in the case of such a project that is related 

5 to an item or technology described in subparagraph 

6 (C) of section 3(c)(2), the student applies for, and 

7 receives approval from, the head of the qualified 

8 funding agency, to participate in such project. 

9 (b) LIST OF CITIZENSHIP REQUIRING APPROVAL.— 

10 Approval under subsection (a) shall be required for any 

11 student who is a citizen of a country that is one of the 

12 following: 

13 (1) The People’s Republic of China. 

14 (2) The Democratic People’s Republic of Korea. 

15 (3) The Russian Federation. 

16 (4) The Islamic Republic of Iran. 

17 (5) Any country identified by the head of the 

18 qualified funding agency as requiring approval for 

19 the purposes of this section. 

20 SEC. 513. FOREIGN ENTITIES. 

21 (a) LIST OF FOREIGN ENTITIES THAT POSE AN IN22 TELLIGENCE THREAT.—Not later than one year after the 

23 date of the enactment of this Act, the Director of National 

24 Intelligence shall identify foreign entities, including gov25 ernments, corporations, non-profit and for-profit organizaVerDate Sep 11 2014 16:25 May 16, 2024 Jkt 049200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 E:\BILLS\H7476.IH H7476

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1 tions, and any subsidiary or affiliate of such an entity, 

2 that the Director determines pose a threat of espionage 

3 with respect to sensitive research projects, and shall de4 velop and maintain a list of such entities. The Director 

5 may add or remove entities from such list at any time. 

6 The initial list developed by the Director shall include the 

7 following entities (including any subsidiary or affiliate): 

8 (1) Huawei Technologies Company. 

9 (2) ZTE Corporation. 

10 (3) Hytera Communications Corporation. 

11 (4) Hangzhou Hikvision Digital Technology 

12 Company. 

13 (5) Dahua Technology Company. 

14 (6) Kaspersky Lab. 

15 (7) Any entity that is owned or controlled by, 

16 or otherwise has demonstrated financial ties to, the 

17 government of a country identified under section 

18 4(b). 

19 (b) NOTICE TO INSTITUTIONS OF HIGHER EDU20 CATION.—The Director of National Intelligence shall 

21 make the initial list required under subsection (a), and 

22 any changes to such list, available to the Secretary of Edu23 cation, the interagency working group, and the head of 

24 each qualified funding agency as soon as practicable. The 

25 Secretary of Education shall provide such initial list and 


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1 subsequent amendments to each institution of higher edu2 cation at which a project on the Sensitive Research Project 

3 List is being carried out. 

4 (c) PROHIBITION ON USE OF CERTAIN TECH5 NOLOGIES.—Beginning on the date that is one year after 

6 the date of the enactment of this Act, the head of each 

7 sensitive research project shall, as a condition of receipt 

8 of funds from a qualified funding agency, provide an as9 surance to such qualified funding agency that, beginning 

10 on the date that is two years after the date of the enact11 ment of this Act, any technology developed by an entity 

12 included on the list maintained under subsection (a) shall 

13 not be utilized in carrying out the sensitive research 

14 project. 

15 SEC. 514. ENFORCEMENT. 

16 The head of each qualified funding agency shall take 

17 such steps as may be necessary to enforce the provisions 

18 of sections 510 and 511 of this Act. Upon determination 

19 that the head of a sensitive research project has failed to 

20 meet the requirements of either section 510 or section 

21 511, the head of a qualified funding agency may determine 

22 the appropriate enforcement action, including— 

23 (1) imposing a probationary period, not to ex24 ceed 6 months, on the head of such project, or on 

25 the project; 


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1 (2) reducing or otherwise limiting the funding 

2 for such project until the violation has been rem3 edied; 

4 (3) permanently cancelling the funding for such 

5 project; or 

6 (4) any other action the head of the qualified 

7 funding agency determines to be appropriate. 

8 SEC. 515. DEFINITIONS. 

9 In this subtitle: 

10 (1) CITIZEN OF A COUNTRY.—The term ‘‘cit11 izen of a country’’, with respect to a student, in12 cludes all countries in which the student has held or 

13 holds citizenship or holds permanent residency. 

14 (2) INSTITUTION OF HIGHER EDUCATION.—The 

15 term ‘‘institution of higher education’’ means an in16 stitution described in section 102 of the Higher 

17 Education Act of 1965 (20 U.S.C. 1002) that re18 ceives Federal funds in any amount and for any pur19 pose. 

20 (3) INTELLIGENCE COMMUNITY.—The term 

21 ‘‘intelligence community’’ has the meaning given 

22 that term in section 3 of the National Security Act 

23 of 1947 (50 U.S.C. 3003). 


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1 (4) QUALIFIED FUNDING AGENCY.—The term 

2 ‘‘qualified funding agency’’, with respect to a sen3 sitive research project, means— 

4 (A) the Department of Defense, if the sen5 sitive research project is funded in whole or in 

6 part by the Department of Defense; 

7 (B) the Department of Energy, if the sen8 sitive research project is funded in whole or in 

9 part by the Department of Energy; or 

10 (C) an element of the intelligence commu11 nity, if the sensitive research project is funded 

12 in whole or in part by the element of the intel13 ligence community. 

14 (5) SENSITIVE RESEARCH PROJECT.—The term 

15 ‘‘sensitive research project’’ means a research 

16 project at an institution of higher education that is 

17 funded by a qualified funding agency, except that 

18 such term shall not include any research project that 

19 is classified or that requires the participants in such 

20 project to obtain a security clearance. 

21 (6) STUDENT PARTICIPATION.—The term ‘‘stu22 dent participation’’ shall not include student activity 

23 in— 

24 (A) a research project that is required for 

25 completion of a course in which the student is 


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1 enrolled at an institution of higher education; 

2 or 

3 (B) a research project for which the stu4 dent is conducting unpaid research. 

5 SEC. 516. DISCLOSURE OF FOREIGN GIFTS. 

6 (a) IN GENERAL.—Section 117 of the Higher Edu7 cation Act of 1965 (20 U.S.C. 1011(f) is amended to read 

8 as follows: 

9 ‘‘SEC. 117. DISCLOSURES OF FOREIGN GIFTS. 

10 ‘‘(a) DISCLOSURE REPORTS.— 

11 ‘‘(1) AGGREGATE GIFTS AND CONTRACT DIS12 CLOSURES.—An institution shall file a disclosure re13 port in accordance with subsection (b)(1) with the 

14 Secretary on July 31 of the calendar year imme15 diately following any calendar year in which— 

16 ‘‘(A) the institution receives a gift from, or 

17 enters into a contract with, a foreign source 

18 (other than a foreign country of concern or for19 eign entity of concern)— 

20 ‘‘(i) the value of which is $50,000 or 

21 more, considered alone or in combination 

22 with all other gifts from, or contracts with, 

23 that foreign source within the calendar 

24 year; or 


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1 ‘‘(ii) the value of which is undeter2 mined; or 

3 ‘‘(B) the institution receives a gift from a 

4 foreign country of concern or foreign entity of 

5 concern, or, upon receiving a waiver under sec6 tion 117A to enter into a contract with such a 

7 country or entity, enters into such contract, 

8 without regard to the value of such gift or con9 tract. 

10 ‘‘(2) FOREIGN SOURCE OWNERSHIP OR CON11 TROL DISCLOSURES.—In the case of an institution 

12 that is substantially controlled (as described in sec13 tion 668.174(c)(3) of title 34, Code of Federal Reg14 ulations) (or successor regulations) by a foreign 

15 source, the institution shall file a disclosure report 

16 in accordance with subsection (b)(2) with the Sec17 retary on July 31 of each year. 

18 ‘‘(3) TREATMENT OF AFFILIATED ENTITIES.— 

19 For purposes of this section, any gift to, or contract 

20 with, an affiliated entity of an institution shall be 

21 considered a gift to or contract with, respectively, 

22 such institution. 

23 ‘‘(b) CONTENTS OF REPORT.— 


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1 ‘‘(1) GIFTS AND CONTRACTS.—Each report to 

2 the Secretary required under subsection (a)(1) shall 

3 contain the following: 

4 ‘‘(A) With respect to a gift received from, 

5 or a contract entered into with, any foreign 

6 source— 

7 ‘‘(i) the terms of such gift or contract, 

8 including— 

9 ‘‘(I) the name of the individual, 

10 department, or benefactor at the insti11 tution receiving the gift or carrying 

12 out the contract; 

13 ‘‘(II) the intended purpose of 

14 such gift or contract, as provided to 

15 the institution by such foreign source, 

16 or if no such purpose is provided by 

17 such foreign source, the intended use 

18 of such gift or contract, as provided 

19 by the institution; and 

20 ‘‘(III) in the case of a restricted 

21 or conditional gift or contract, a de22 scription of the restrictions or condi23 tions of such gift or contract; 

24 ‘‘(ii) with respect to a gift— 


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1 ‘‘(I) the total fair market dollar 

2 amount or dollar value of the gift, as 

3 of the date of submission of such re4 port; and; 

5 ‘‘(II) the date on which the insti6 tution received such gift; 

7 ‘‘(iii) with respect to a contract— 

8 ‘‘(I) the date on which such con9 tract commences; 

10 ‘‘(II) as applicable, the date on 

11 which such contract terminates; and 

12 ‘‘(III) an assurance that the in13 stitution will— 

14 ‘‘(aa) maintain an 

15 unredacted copy of the contract 

16 until the latest of— 

17 ‘‘(AA) the date that is 

18 5 years after the date on 

19 which the contract com20 mences; 

21 ‘‘(BB) the date on 

22 which the contract termi23 nates; or 

24 ‘‘(CC) the last day of 

25 any period that applicable 


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1 State law requires a copy of 

2 such contract to be main3 tained; and 

4 ‘‘(bb) upon request of the 

5 Secretary during an investigation 

6 under subsection section 

7 117D(a)(1), produce such an 

8 unredacted copy of the contract; 

9 and 

10 ‘‘(iv) an assurance that in a case in 

11 which information is required to be dis12 closed under this section with respect to a 

13 gift or contract that is not in English, such 

14 information is translated into English in 

15 compliance with the requirements of sub16 section (c)(1). 

17 ‘‘(B) With respect to a gift received from, 

18 or a contract entered into with, a foreign source 

19 that is a foreign government (other than the 

20 government of a foreign country of concern)— 

21 ‘‘(i) the name of such foreign govern22 ment; 

23 ‘‘(ii) the department, agency, office, 

24 or division of such foreign government that 


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1 approved such gift or contract, as applica2 ble; and 

3 ‘‘(iii) the physical mailing address of 

4 such department, agency, office, or divi5 sion. 

6 ‘‘(C) With respect to a gift received from, 

7 or contract entered into with, a foreign source 

8 (other than a foreign government subject to the 

9 requirements of subparagraph (B))— 

10 ‘‘(i) the legal name of the foreign 

11 source, or, if such name is not available, a 

12 statement certified by the compliance offi13 cer in accordance with subsection (f)(2) 

14 that the institution has reasonably at15 tempted to obtain such name; 

16 ‘‘(ii) in the case of a foreign source 

17 that is a natural person, the country of 

18 citizenship of such person, or, if such coun19 try is not known, the principal country of 

20 residence of such person; 

21 ‘‘(iii) in the case of a foreign source 

22 that is a legal entity, the country in which 

23 such entity is incorporated, or if such in24 formation is not available, the principal 

25 place of business of such entity; 


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1 ‘‘(iv) the physical mailing address of 

2 such foreign source, or if such address is 

3 not available, a statement certified by the 

4 compliance officer in accordance with sub5 section (f)(2) that the institution has rea6 sonably attempted to obtain such address; 

7 and 

8 ‘‘(v) any affiliation of the foreign 

9 source to an organization that is des10 ignated as a foreign terrorist organization 

11 pursuant to section 219 of the Immigra12 tion and Nationality Act (8 U.S.C. 1189). 

13 ‘‘(D) With respect to a contract entered 

14 into with a foreign source that is a foreign 

15 country of concern or a foreign entity of con16 cern— 

17 ‘‘(i) a complete and unredacted text of 

18 the original contract, and if such original 

19 contract is not in English, a translated 

20 copy of the text into English; 

21 ‘‘(ii) a copy of the waiver received 

22 under section 117A for such contract; and 

23 ‘‘(iii) the statement submitted by the 

24 institution for purposes of receiving such a 

25 waiver under section 117A(b)(1). 


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1 ‘‘(2) FOREIGN SOURCE OWNERSHIP OR CON2 TROL.—Each report to the Secretary required under 

3 subsection (a)(2) shall contain— 

4 ‘‘(A) the legal name and address of the 

5 foreign source that owns or controls the institu6 tion; 

7 ‘‘(B) the date on which the foreign source 

8 assumed ownership or control; and 

9 ‘‘(C) any changes in program or structure 

10 resulting from the change in ownership or con11 trol. 

12 ‘‘(c) TRANSLATION REQUIREMENTS.—Any informa13 tion required to be disclosed under this section with re14 spect to a gift or contract that is not in English shall be 

15 translated, for purposes of such disclosure, by a person 

16 that is not an affiliated entity or agent of the foreign 

17 source involved with such gift or contract. 

18 ‘‘(d) PUBLIC INSPECTION.— 

19 ‘‘(1) DATABASE REQUIREMENT.—Beginning not 

20 later than 60 days before the July 31 immediately 

21 following the date of the enactment of the DETER22 RENT Act, the Secretary shall— 

23 ‘‘(A) establish and maintain a searchable 

24 database on a website of the Department, under 

25 which all reports submitted under this section 


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1 (including any report submitted under this sec2 tion before the date of the enactment of the 

3 DETERRENT Act)— 

4 ‘‘(i) are made publicly available (in 

5 electronic and downloadable format), in6 cluding any information provided in such 

7 reports (other than the information prohib8 ited from being publicly disclosed pursuant 

9 to paragraph (2)); 

10 ‘‘(ii) can be individually identified and 

11 compared; and 

12 ‘‘(iii) are searchable and sortable by— 

13 ‘‘(I) the date the institution filed 

14 such report; 

15 ‘‘(II) the date on which the insti16 tution received the gift, or entered 

17 into the contract, which is the subject 

18 of the report; 

19 ‘‘(III) the attributable country of 

20 such gift or contract; and 

21 ‘‘(IV) the name of the foreign 

22 source (other than a foreign source 

23 that is a natural person); 


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1 ‘‘(B) not later than 30 days after receipt 

2 of a disclosure report under this section, include 

3 such report in such database; 

4 ‘‘(C) indicate, as part of the public record 

5 of a report included in such database, whether 

6 the report is with respect to a gift received 

7 from, or a contract entered into with— 

8 ‘‘(i) a foreign source that is a foreign 

9 government; or 

10 ‘‘(ii) a foreign source that is not a for11 eign government; and 

12 ‘‘(D) with respect to a disclosure report 

13 that does not include the name or address of a 

14 foreign source, indicate, as part of the public 

15 record of such report included in such database, 

16 that such report did not include such informa17 tion. 

18 ‘‘(2) NAME AND ADDRESS OF FOREIGN

19 SOURCE.—The Secretary shall not disclose the name 

20 or address of a foreign source that is a natural per21 son (other than the attributable country of such for22 eign source) included in a disclosure report— 

23 ‘‘(A) as part of the public record of such 

24 disclosure report described in paragraph (1); or 


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1 ‘‘(B) in response to a request under sec2 tion 552 of title 5, United States Code (com3 monly known as the ‘Freedom of Information 

4 Act’), pursuant to subsection (b)(3) of such sec5 tion. 

6 ‘‘(e) INTERAGENCY INFORMATION SHARING.—Not 

7 later than 30 days after receiving a disclosure report from 

8 an institution in compliance with this section, the Sec9 retary shall transmit an unredacted copy of such report 

10 (that includes the name and address of a foreign source 

11 disclosed in such report) to the Director of the Federal 

12 Bureau of Investigation, the Director of National Intel13 ligence, the Director of the Central Intelligence Agency, 

14 the Secretary of State, the Secretary of Defense, the At15 torney General, the Secretary of Commerce, the Secretary 

16 of Homeland Security, the Secretary of Energy, the Direc17 tor of the National Science Foundation, and the Director 

18 of the National Institutes of Health. 

19 ‘‘(f) COMPLIANCE OFFICER.—Any institution that is 

20 required to file a disclosure report under subsection (a) 

21 shall designate, before the filing deadline for such report, 

22 and maintain a compliance officer, who shall— 

23 ‘‘(1) be a current employee or legally authorized 

24 agent of such institution; and 


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1 ‘‘(2) be responsible, on behalf of the institution, 

2 for personally certifying accurate compliance with 

3 the foreign gift reporting requirement under this 

4 section. 

5 ‘‘(g) DEFINITIONS.—In this section: 

6 ‘‘(1) AFFILIATED ENTITY.—The term ‘affiliated 

7 entity’, when used with respect to an institution, 

8 means an entity or organization that operates pri9 marily for the benefit of, or under the auspices of, 

10 such institution, including a foundation of the insti11 tution or a related entity (such as any educational, 

12 cultural, or language entity). 

13 ‘‘(2) ATTRIBUTABLE COUNTRY.—The term ‘at14 tributable country’ means— 

15 ‘‘(A) the country of citizenship of a foreign 

16 source who is a natural person, or, if such 

17 country is unknown, the principal residence (as 

18 applicable) of such foreign source; or 

19 ‘‘(B) the country of incorporation of a for20 eign source that is a legal entity, or, if such 

21 country is unknown, the principal place of busi22 ness (as applicable) of such foreign source. 

23 ‘‘(3) CONTRACT.—The term ‘contract’— 

24 ‘‘(A) means— 


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1 ‘‘(i) any agreement for the acquisition 

2 by purchase, lease, or barter of property or 

3 services by the foreign source; 

4 ‘‘(ii) any affiliation, agreement, or 

5 similar transaction with a foreign source 

6 that involves the use or exchange of an in7 stitution’s name, likeness, time, services, or 

8 resources; and 

9 ‘‘(iii) any agreement for the acquisi10 tion by purchase, lease, or barter, of prop11 erty or services from a foreign source 

12 (other than an arms-length agreement for 

13 such acquisition from a foreign source that 

14 is not a foreign country of concern or a 

15 foreign entity of concern); and 

16 ‘‘(B) does not include an agreement made 

17 between an institution and a foreign source re18 garding any payment of one or more elements 

19 of a student’s cost of attendance (as such term 

20 is defined in section 472), unless such an agree21 ment is made for more than 15 students or is 

22 made under a restricted or conditional contract. 

23 ‘‘(4) FOREIGN SOURCE.—The term ‘foreign 

24 source’ means— 


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1 ‘‘(A) a foreign government, including an 

2 agency of a foreign government; 

3 ‘‘(B) a legal entity, governmental or other4 wise, created under the laws of a foreign state 

5 or states; 

6 ‘‘(C) a legal entity, governmental or other7 wise, substantially controlled (as described in 

8 section 668.174(c)(3) of title 34, Code of Fed9 eral Regulations) (or successor regulations) by 

10 a foreign source; 

11 ‘‘(D) a natural person who is not a citizen 

12 or a national of the United States or a trust 

13 territory or protectorate thereof; 

14 ‘‘(E) an agent of a foreign source, includ15 ing— 

16 ‘‘(i) a subsidiary or affiliate of a for17 eign legal entity, acting on behalf of a for18 eign source; 

19 ‘‘(ii) a person that operates primarily 

20 for the benefit of, or under the auspices of, 

21 a foreign source, including a foundation or 

22 a related entity (such as any educational, 

23 cultural, or language entity); and 

24 ‘‘(iii) a person who is an agent of a 

25 foreign principal (as such term is defined 


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1 in section 1 of the Foreign Agents Reg2 istration Act of 1938 (22 U.S.C. 611)); 

3 and 

4 ‘‘(F) an international organization (as such 

5 term is defined in the International Organiza6 tions Immunities Act (22 U.S.C. 288)). 

7 ‘‘(5) GIFT.—The term ‘gift’— 

8 ‘‘(A) means any gift of money, property, 

9 resources, staff, or services; and 

10 ‘‘(B) does not include— 

11 ‘‘(i) any payment of one or more ele12 ments of a student’s cost of attendance (as 

13 such term is defined in section 472) to an 

14 institution by, or scholarship from, a for15 eign source who is a natural person, acting 

16 in their individual capacity and not as an 

17 agent for, at the request or direction of, or 

18 on behalf of, any person or entity (except 

19 the student), made for not more than 15 

20 students, and that is not made under a re21 stricted or conditional contract with such 

22 foreign source; 

23 ‘‘(ii) assignment or license of reg24 istered industrial and intellectual property 

25 rights, such as patents, utility models, 


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1 trademarks, or copyrights, or technical as2 sistance, that are not associated with a 

3 category listed in the Commerce Control 

4 List maintained by the Bureau of Industry 

5 and Security of the Department of Com6 merce and set forth in Supplement No. 1 

7 to part 774 of title 15, Code of Federal 

8 Regulations; or 

9 ‘‘(iii) decorations (as such term is de10 fined in section 7342(a) of title 5, United 

11 States Code). 

12 ‘‘(6) RESTRICTED OR CONDITIONAL GIFT OR

13 CONTRACT.—The term ‘restricted or conditional gift 

14 or contract’ means any endowment, gift, grant, con15 tract, award, present, or property of any kind which 

16 includes provisions regarding— 

17 ‘‘(A) the employment, assignment, or ter18 mination of faculty; 

19 ‘‘(B) the establishment of departments, 

20 centers, institutes, instructional programs, re21 search or lecture programs, or new faculty posi22 tions; 

23 ‘‘(C) the selection, admission, or education 

24 of students; 


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1 ‘‘(D) the award of grants, loans, scholar2 ships, fellowships, or other forms of financial 

3 aid restricted to students of a specified country, 

4 religion, sex, ethnic origin, or political opinion; 

5 or 

6 ‘‘(E) any other restriction on the use of a 

7 gift or contract.’’. 

8 (b) PROHIBITION ON CONTRACTS WITH CERTAIN

9 FOREIGN ENTITIES AND COUNTRIES.—Part B of title I 

10 of the Higher Education Act of 1965 (20 U.S.C. 1011 

11 et seq.) is amended by inserting after section 117 the fol12 lowing: 

13 ‘‘SEC. 117A. PROHIBITION ON CONTRACTS WITH CERTAIN 

14 FOREIGN ENTITIES AND COUNTRIES. 

15 ‘‘(a) IN GENERAL.—An institution shall not enter 

16 into a contract with a foreign country of concern or a for17 eign entity of concern. 

18 ‘‘(b) WAIVERS.— 

19 ‘‘(1) SUBMISSION.— 

20 ‘‘(A) FIRST WAIVER REQUESTS.— 

21 ‘‘(i) IN GENERAL.—An institution 

22 that desires to enter into a contract with 

23 a foreign entity of concern or a foreign 

24 country of concern may submit to the Sec25 retary, not later than 120 days before the 


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1 institution enters into such a contract, a 

2 request to waive the prohibition under sub3 section (a) with respect to such contract. 

4 ‘‘(ii) CONTENTS OF WAIVER RE5 QUEST.—A waiver request submitted by an 

6 institution under clause (i) shall include— 

7 ‘‘(I) the complete and unredacted 

8 text of the proposed contract for 

9 which the waiver is being requested, 

10 and if such original contract is not in 

11 English, a translated copy of the text 

12 into English (in a manner that com13 plies with section 117(c)); and 

14 ‘‘(II) a statement that— 

15 ‘‘(aa) is signed by the com16 pliance officer of the institution 

17 designated in accordance with 

18 section 117(f); and 

19 ‘‘(bb) includes information 

20 that demonstrates that such con21 tract is for the benefit of the in22 stitution’s mission and students 

23 and will promote the security, 

24 stability, and economic vitality of 

25 the United States. 


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1 ‘‘(B) RENEWAL WAIVER REQUESTS.— 

2 ‘‘(i) IN GENERAL.—An institution 

3 that has entered into a contract pursuant 

4 to a waiver issued under this section, the 

5 term of which is longer than the 1-year 

6 waiver period and the terms and conditions 

7 of which remain the same as the proposed 

8 contract submitted as part of the request 

9 for such waiver may submit, not later than 

10 120 days before the expiration of such 

11 waiver period, a request for a renewal of 

12 such waiver for an additional 1-year period 

13 (which shall include any information re14 quested by the Secretary). 

15 ‘‘(ii) TERMINATION.—If the institu16 tion fails to submit a request under clause 

17 (i) or is not granted a renewal under such 

18 clause, such institution shall terminate 

19 such contract on the last day of the origi20 nal 1-year waiver period. 

21 ‘‘(2) WAIVER ISSUANCE.—The Secretary— 

22 ‘‘(A) not later than 60 days before an in23 stitution enters into a contract pursuant to a 

24 waiver request under paragraph (1)(A), or be25 fore a contract described in paragraph (1)(B)(i) 


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1 is renewed pursuant to a renewal request under 

2 such paragraph, shall notify the institution— 

3 ‘‘(i) if the waiver or renewal will be 

4 issued by the Secretary; and 

5 ‘‘(ii) in a case in which the waiver or 

6 renewal will be issued, the date on which 

7 the 1-year waiver period starts; and 

8 ‘‘(B) may only issue a waiver under this 

9 section to an institution if the Secretary deter10 mines, in consultation with the heads of each 

11 agency and department listed in section 117(e), 

12 that the contract for which the waiver is being 

13 requested is for the benefit of the institution’s 

14 mission and students and will promote the secu15 rity, stability, and economic vitality of the 

16 United States. 

17 ‘‘(3) DISCLOSURE.—Not less than 2 weeks 

18 prior to issuing a waiver under paragraph (2), the 

19 Secretary shall notify— 

20 ‘‘(A) the Committee on Education and the 

21 Workforce of the House of Representatives; and 

22 ‘‘(B) the Committee on Health, Education, 

23 Labor, and Pensions of the Senate, 

24 of the intent to issue the waiver, including a jus25 tification for the waiver. 


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1 ‘‘(4) APPLICATION OF WAIVERS.—A waiver 

2 issued under this section to an institution with re3 spect to a contract shall only— 

4 ‘‘(A) waive the prohibition under sub5 section (a) for a 1-year period; and 

6 ‘‘(B) apply to the terms and conditions of 

7 the proposed contract submitted as part of the 

8 request for such waiver. 

9 ‘‘(c) DESIGNATION DURING CONTRACT TERM.—In 

10 the case of an institution that enters into a contract with 

11 a foreign source that is not a foreign country of concern 

12 or a foreign entity of concern but which, during the term 

13 of such contract, is designated as a foreign country of con14 cern or foreign entity of concern, such institution shall ter15 minate such contract not later than 60 days after the Sec16 retary notifies the institution of such designation. 

17 ‘‘(d) CONTRACTS PRIOR TO DATE OF ENACTMENT.— 

18 ‘‘(1) IN GENERAL.—In the case of an institu19 tion that has entered into a contract with a foreign 

20 country of concern or foreign entity of concern prior 

21 to the date of the enactment of the DETERRENT 

22 Act— 

23 ‘‘(A) the institution shall immediately sub24 mit to the Secretary a waiver request in accord25 ance with subsection (b)(1)(A)(ii); and 


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1 ‘‘(B) the Secretary shall, upon receipt of 

2 the request submitted under paragraph (1), im3 mediately issue a waiver to the institution for a 

4 period beginning on the date on which the waiv5 er is issued and ending on the sooner of— 

6 ‘‘(i) the date that is 1 year after the 

7 date of the enactment of the DETER8 RENT Act; or 

9 ‘‘(ii) the date on which the contract 

10 terminates. 

11 ‘‘(2) RENEWAL.—An institution that has en12 tered into a contract described in paragraph (1), the 

13 term of which is longer than the waiver period de14 scribed in subparagraph (B) of such paragraph and 

15 the terms and conditions of which remain the same 

16 as the contract submitted as part of the request re17 quired under subparagraph (A) of such paragraph, 

18 may submit a request for renewal of the waiver 

19 issued under such paragraph in accordance with 

20 subsection (b)(1)(B). 

21 ‘‘(e) CONTRACT DEFINED.—The term ‘contract’ has 

22 the meaning given such term in section 117(g).’’. 

23 (c) INTERAGENCY INFORMATION SHARING.—Not 

24 later than 90 days after the date of enactment of this Act, 

25 the Secretary of Education shall transmit to the heads of 


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1 each agency and department listed in section 117(e) of 

2 the Higher Education Act of 1965, as amended by this 

3 section— 

4 (1) any report received by the Department of 

5 Education under section 117 of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1011f) prior to the 

7 date of the enactment of this Act; and 

8 (2) any report, document, or other record gen9 erated by the Department of Education in the 

10 course of an investigation— 

11 (A) of an institution with respect to the 

12 compliance of such institution with such sec13 tion; and 

14 (B) initiated prior to the date of the enact15 ment of this Act. 

16 Subtitle C—Other Matters 

17 SEC. 521. REPORT ON CHINA BENEFITTING FROM UNITED 

18 STATES TAXPAYER-FUNDED RESEARCH. 

19 (a) IN GENERAL.—Not later than one year after the 

20 date of enactment of the Act, the Attorney General, in 

21 consultation with the Secretary of the Treasury, the Sec22 retary of Commerce, the Secretary of State, and the Direc23 tor of National Intelligence, shall submit to the Committee 

24 on the Judiciary of the House of Representatives and the 

25 Committee on the Judiciary of the Senate a report on the 


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1 extent to which China has benefitted from United States 

2 taxpayer-funded research. 

3 (b) ELEMENTS.—The report under subsection (a) 

4 shall include the following: 

5 (1) The extent to which United States tax6 payer-funded research has benefitted China, includ7 ing a list of United States Government-funded enti8 ties, such as research institutions, laboratories, and 

9 institutions of higher education, which have hired 

10 Chinese nationals or allowed Chinese nationals to 

11 conduct research, including an estimate in the num12 ber of nationals hired or involved in research 

13 projects. 

14 (2) A list of United States Government pro15 grams, grants, and other forms of research funding 

16 in the fields of science, technology, engineering, and 

17 math (STEM) fields that have directly or indirectly 

18 cooperated or affiliated with research institutions in 

19 China or Chinese Communist Party entities. 

20 (3) The extent to which China’s funding of 

21 United States taxpayer-funded research institutions 

22 has benefitted China. 

23 (4) How the Government of China and the Chi24 nese Communist Party have used United States tax25 payer-funded research, including as part of China’s 


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1 efforts to support ‘‘civil-military fusion’’ and human 

2 rights abuses. 

3 (c) DEFINITION.—In this section, the term ‘‘United 

4 States taypayer-funded research’’ means research— 

5 (1) funded by a grant from the Federal Govern6 ment or a State government; or 

7 (2) conducted at an institution that receives 

8 funding from the Federal Government or a State 

9 government. 

10 SEC. 522. CONDITIONS ON FEDERAL RESEARCH GRANTS. 

11 As a condition of receiving a Federal research and 

12 development grant in a field of science, technology, engi13 neering, or mathematics, a grant recipient shall certify 

14 that the recipient— 

15 (1) is not— 

16 (A) a citizen of the People’s Republic of 

17 China; or 

18 (B) a participant in a foreign talent re19 cruitment program of the People’s Republic of 

20 China listed by the Secretary of State in ac21 cordance with section 521; and 

22 (2) will not knowingly employ to carry out ac23 tivities funded by the Federal research and develop24 ment grant— 


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1 (A) a citizen of the People’s Republic of 

2 China; or 

3 (B) a participant in a foreign talent re4 cruitment program of the People’s Republic of 

5 China listed by the Secretary of State in ac6 cordance with section 521. 

7 SEC. 523. PROTECTING INSTITUTIONS, LABORATORIES, 

8 AND RESEARCH INSTITUTES. 

9 (a) IN GENERAL.—Notwithstanding any other provi10 sion of law, the head of each Federal agency shall ensure 

11 that any institution of higher education, laboratory, or re12 search institute receiving Federal assistance agrees, as a 

13 condition of such assistance, to not knowingly employ any 

14 individual who is a participant in a foreign talent recruit15 ment program of the People’s Republic of China. 

16 (b) PROGRAM PARTICIPATION AGREEMENTS.—Sec17 tion 487(a) of the Higher Education Act of 1965 (20 

18 U.S.C. 1094(a)) is amended by adding at the end the fol19 lowing: 

20 ‘‘(30) The institution will not knowingly employ 

21 any individual who is a participant in a foreign tal22 ent recruitment program of the People’s Republic of 

23 China listed by the Secretary of State in accordance 

24 with section 7 of the SECURE CAMPUS Act of 

25 2021.’’. 


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1 SEC. 524. REGISTRATION OF PARTICIPANTS IN FOREIGN 

2 TALENT RECRUITMENT PROGRAMS OF THE 

3 PEOPLE’S REPUBLIC OF CHINA AS AGENTS 

4 OF THE GOVERNMENT OF THE PEOPLE’S RE5 PUBLIC OF CHINA. 

6 Notwithstanding section 3 of the Foreign Agents 

7 Registration Act of 1938 (22 U.S.C. 613), any individual 

8 in the United States who is associated with a foreign tal9 ent recruitment program of the People’s Republic of 

10 China, either as a recruiter or as a recruit— 

11 (1) shall be deemed to be an agent of a foreign 

12 principal (as defined in section 1(c) of such Act (22 

13 U.S.C. 611(c))); and 

14 (2) shall comply with the registration require15 ments set forth in section 2 of such Act (22 U.S.C. 

16 612) not later than 30 days after the later of— 

17 (A) the date of the enactment of this Act; 

18 or 

19 (B) the date on which the individual en20 tered the United States. 

21 SEC. 525. ECONOMIC ESPIONAGE. 

22 Section 1839(1) of title 18, United States Code, is 

23 amended— 

24 (1) by inserting ‘‘education, research,’’ after 

25 ‘‘commercial,’’; and 


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1 (2) by inserting ‘‘or otherwise incorporated or 

2 substantially located in or composed of citizens of 

3 countries subject to compulsory political or govern4 mental representation within corporate leadership’’ 

5 after ‘‘foreign government’’. 

6 SEC. 526. DEPARTMENT OF STATE LIST OF FOREIGN TAL7 ENT RECRUITMENT PROGRAMS OF THE PEO8 PLE’S REPUBLIC OF CHINA. 

9 (a) IN GENERAL.—Not later than 180 days after the 

10 date of the enactment of this Act, the Secretary of State, 

11 in consultation with the Attorney General, the Secretary 

12 of Defense, and the Director of National Intelligence, shall 

13 compile and publish in the Federal Register a list of for14 eign talent recruitment programs of the People’s Republic 

15 of China. 

16 (b) ANNUAL REVIEW AND REVISION.—Not less fre17 quently than annually, the Secretary of State shall— 

18 (1) review and revise the list compiled under 

19 subsection (a); and 

20 (2) publish the revised list in the Federal Reg21 ister. 

22 SEC. 527. DEFINITIONS. 

23 For purposes of sections 521 through 526: 

24 (1) FOREIGN TALENT RECRUITMENT PROGRAM

25 OF THE PEOPLE’S REPUBLIC OF CHINA.—The term 


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1 ‘‘foreign talent recruitment program of the People’s 

2 Republic of China’’ means any effort organized, 

3 managed, funded, or otherwise controlled by the 

4 Government of the People’s Republic of China or the 

5 Chinese Communist Party to employ, contract, or 

6 otherwise compensate 1 or more individuals to con7 duct research, development, testing, or any other 

8 science or technology activity for the direct or indi9 rect benefit of the People’s Republic of China. 

10 (2) INSTITUTION OF HIGHER EDUCATION.—The 

11 term ‘‘institution of higher education’’ has the 

12 meaning given the term in section 101(a) of the 

13 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

14 SEC. 528. DISCLOSURE ON CERTAIN VISA APPLICATIONS. 

15 (a) DISCLOSURE REQUIREMENT FOR F AND M 

16 VISAS.—Not later than 180 days after the date of the en17 actment of this Act, the Secretary of Homeland Security 

18 shall update Form I–20, or a successor form with respect 

19 to eligibility for nonimmigrant student status, to require 

20 an alien submitting such form to report— 

21 (1) whether the alien has received or plans to 

22 receive certain funds; 

23 (2) the amount of any certain funds received by 

24 the alien; and 


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1 (3) a description of the entity providing any 

2 certain funds to the alien. 

3 (b) DISCLOSURE REQUIREMENT FOR J VISAS.—Not 

4 later than 180 days after the date of the enactment of 

5 this Act, the Secretary of State shall update Form DS– 

6 2019, or a successor form with respect to eligibility for 

7 a exchange visitor status, to require an alien submitting 

8 such form to report— 

9 (1) whether the alien has received or plans to 

10 receive certain funds; 

11 (2) the amount of any certain funds received by 

12 the alien; and 

13 (3) a description of the entity providing any 

14 certain funds to the alien. 

15 (c) UPDATED DISCLOSURE REQUIREMENT.— 

16 (1) IN GENERAL.—An alien who receives cer17 tain funds after receiving a visa under subparagraph 

18 (F), (J), or (M) of section 101(a)(15) of the Immi19 gration and Nationality Act (8 U.S.C. 1101(a)(15)) 

20 shall report to the Secretary of Homeland Security 

21 and the Secretary of State the receipt of such funds 

22 not more than 90 days after the date on which such 

23 funds are received. 

24 (2) PROVISIONAL REVOCATION BASED ON FAIL25 URE TO COMPLY WITH DISCLOSURE REQUIREVerDate Sep 11 2014 16:25 May 16, 2024 Jkt 049200 PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 E:\BILLS\H7476.IH H7476

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1 MENT.—An alien who receives certain funds and 

2 does not report such receipt pursuant to paragraph 

3 (1) is subject to revocation of any visa or other entry 

4 documentation regardless of when the visa or other 

5 entry documentation was issued. 

6 (d) DISCLOSURE FOR ALIEN SPOUSE AND MINOR

7 CHILDREN.—The disclosure requirements under sub8 sections (a) through (c) shall apply to an alien spouse or 

9 any minor children applying for or receiving a visa under 

10 subparagraph (F), (J), or (M) of section 101(a)(15) of 

11 the Immigration and Nationality Act (8 U.S.C. 

12 1101(a)(15)). 

13 (e) APPLICABILITY.—Not later than 180 days after 

14 the date of the enactment of this Act, an alien, alien 

15 spouse, or any minor children who have a valid visa under 

16 subparagraph (F), (J), or (M) of section 101(a)(15) of 

17 the Immigration and Nationality Act (8 U.S.C. 

18 1101(a)(15)) on the date of the enactment of this Act, 

19 shall report to the Secretary of Homeland Security— 

20 (1) whether such alien has received or plans to 

21 receive certain funds; 

22 (2) the amount of any certain funds received by 

23 the alien; and 

24 (3) a description of the entity providing any 

25 certain funds to the alien. 


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1 (f) CERTAIN FUNDS DEFINED.—In this section, the 

2 term ‘‘certain funds’’ includes any amount of money pro3 vided to an alien from— 

4 (1) the Government of the People’s Republic of 

5 China; 

6 (2) the Chinese Communist Party; or 

7 (3) any entity owned or controlled by the Gov8 ernment of the People’s Republic of China or the 

9 Chinese Communist Party. 

10 SEC. 529. REVIEW BY COMMITTEE ON FOREIGN INVEST11 MENT IN THE UNITED STATES OF CERTAIN 

12 FOREIGN GIFTS TO AND CONTRACTS WITH 

13 INSTITUTIONS OF HIGHER EDUCATION. 

14 (a) AMENDMENTS TO DEFENSE PRODUCTION ACT

15 OF 1950.— 

16 (1) DEFINITION OF COVERED TRANSACTION.— 

17 Subsection (a)(4) of section 721 of the Defense Pro18 duction Act of 1950 (50 U.S.C. 4565) is amended— 

19 (A) in subparagraph (A)— 

20 (i) in clause (i), by striking ‘‘; and’’ 

21 and inserting a semicolon; 

22 (ii) in clause (ii), by striking the pe23 riod at the end and inserting ‘‘; and’’; and 

24 (iii) by adding at the end the fol25 lowing: 


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1 ‘‘(iii) any transaction described in 

2 subparagraph (B)(vi) proposed or pending 

3 after the date of the enactment of the 

4 China Strategic Competition Act of 

5 2021.’’; 

6 (B) in subparagraph (B), by adding at the 

7 end the following: 

8 ‘‘(vi) Any gift to an institution of 

9 higher education from a foreign person, or 

10 the entry into a contract by such an insti11 tution with a foreign person, if— 

12 ‘‘(I)(aa) the value of the gift or 

13 contract equals or exceeds 

14 $1,000,000; or 

15 ‘‘(bb) the institution receives, di16 rectly or indirectly, more than one gift 

17 from or enters into more than one 

18 contract, directly or indirectly, with 

19 the same foreign person for the same 

20 purpose the aggregate value of which, 

21 during the period of 2 consecutive cal22 endar years, equals or exceeds 

23 $1,000,000; and 

24 ‘‘(II) the gift or contract— 


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1 ‘‘(aa) relates to research, de2 velopment, or production of crit3 ical technologies and provides the 

4 foreign person potential access to 

5 any material nonpublic technical 

6 information (as defined in sub7 paragraph (D)(ii)) in the posses8 sion of the institution; or 

9 ‘‘(bb) is a restricted or con10 ditional gift or contract (as de11 fined in section 117(h) of the 

12 Higher Education Act of (20 

13 U.S.C. 1011f(h))) that estab14 lishes control. and’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(G) FOREIGN GIFTS TO AND CONTRACTS

17 WITH INSTITUTIONS OF HIGHER EDUCATION.— 

18 For purposes of subparagraph (B)(vi): 

19 ‘‘(i) CONTRACT.—The term ‘contract’ 

20 means any agreement for the acquisition 

21 by purchase, lease, or barter of property or 

22 services by a foreign person, for the direct 

23 benefit or use of either of the parties. 

24 ‘‘(ii) GIFT.—The term ‘gift’ means 

25 any gift of money or property. 


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1 ‘‘(iii) INSTITUTION OF HIGHER EDU2 CATION.—The term ‘institution of higher 

3 education’ means any institution, public or 

4 private, or, if a multicampus institution, 

5 any single campus of such institution, in 

6 any State— 

7 ‘‘(I) that is legally authorized 

8 within such State to provide a pro9 gram of education beyond secondary 

10 school; 

11 ‘‘(II) that provides a program for 

12 which the institution awards a bach13 elor’s degree (or provides not less 

14 than a 2-year program which is ac15 ceptable for full credit toward such a 

16 degree) or a more advanced degree; 

17 ‘‘(III) that is accredited by a na18 tionally recognized accrediting agency 

19 or association; and 

20 ‘‘(IV) to which the Federal Gov21 ernment extends Federal financial as22 sistance (directly or indirectly through 

23 another entity or person), or that re24 ceives support from the extension of 


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1 Federal financial assistance to any of 

2 the institution’s subunits.’’. 

3 (2) MANDATORY DECLARATIONS.—Subsection 

4 (b)(1)(C)(v)(IV)(aa) of such section is amended by 

5 adding at the end the following: ‘‘Such regulations 

6 shall require a declaration under this subclause with 

7 respect to a covered transaction described in sub8 section (a)(4)(B)(vi)(II)(aa).’’. 

9 (3) FACTORS TO BE CONSIDERED.—Subsection 

10 (f) of such section is amended— 

11 (A) in paragraph (10), by striking ‘‘; and’’ 

12 and inserting a semicolon; 

13 (B) by redesignating paragraph (11) as 

14 paragraph (12); and 

15 (C) by inserting after paragraph (10) the 

16 following: 

17 ‘‘(11) as appropriate, and particularly with re18 spect to covered transactions described in subsection 

19 (a)(4)(B)(vi), the importance of academic freedom at 

20 institutions of higher education in the United States; 

21 and’’. 

22 (4) MEMBERSHIP OF CFIUS.—Subsection (k) of 

23 such section is amended— 

24 (A) in paragraph (2)— 


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1 (i) by redesignating subparagraphs 

2 (H), (I), and (J) as subparagraphs (I), 

3 (J), and (K), respectively; and 

4 (ii) by inserting after subparagraph 

5 (G) the following: 

6 ‘‘(H) In the case of a covered transaction 

7 involving an institution of higher education (as 

8 defined in subsection (a)(4)(G)), the Secretary 

9 of Education.’’; and 

10 (B) by adding at the end the following: 

11 ‘‘(8) INCLUSION OF OTHER AGENCIES ON COM12 MITTEE.—In considering including on the Com13 mittee under paragraph (2)(K) the heads of other 

14 executive departments, agencies, or offices, the 

15 President shall give due consideration to the heads 

16 of relevant research and science agencies, depart17 ments, and offices, including the Secretary of Health 

18 and Human Services, the Director of the National 

19 Institutes of Health, and the Director of the Na20 tional Science Foundation.’’. 

21 (5) CONTENTS OF ANNUAL REPORT RELATING

22 TO CRITICAL TECHNOLOGIES.—Subsection (m)(3) of 

23 such section is amended— 

24 (A) in subparagraph (B), by striking ‘‘; 

25 and’’ and inserting a semicolon; 


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1 (B) in subparagraph (C), by striking the 

2 period at the end and inserting a semicolon; 

3 and 

4 (C) by adding at the end the following: 

5 ‘‘(D) an evaluation of whether there are 

6 foreign malign influence or espionage activities 

7 directed or directly assisted by foreign govern8 ments against institutions of higher education 

9 (as defined in subsection (a)(4)(G)) aimed at 

10 obtaining research and development methods or 

11 secrets related to critical technologies; and 

12 ‘‘(E) an evaluation of, and recommenda13 tion for any changes to, reviews conducted 

14 under this section that relate to institutions of 

15 higher education, based on an analysis of disclo16 sure reports submitted to the chairperson under 

17 section 117(a) of the Higher Education Act of 

18 1965 (20 U.S.C. 1011f(a)).’’. 

19 (b) EFFECTIVE DATE; APPLICABILITY.—The amend20 ments made by subsection (a) shall— 

21 (1) take effect on the date of the enactment of 

22 this Act, subject to the requirements of subsections 

23 (d) and (e); and 

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1 ated under section 721 of the Defense Production 

2 Act of 1950 on or after the date that is 30 days 

3 after the publication in the Federal Register of the 

4 notice required under subsection (e)(2). 

5 (c) REGULATIONS.— 

6 (1) IN GENERAL.—The Committee on Foreign 

7 Investment in the United States (in this section re8 ferred to as the ‘‘Committee’’), which shall include 

9 the Secretary of Education for purposes of this sub10 section, shall prescribe regulations as necessary and 

11 appropriate to implement the amendments made by 

12 subsection (a). 

13 (2) ELEMENTS.—The regulations prescribed 

14 under paragraph (1) shall include— 

15 (A) regulations accounting for the burden 

16 on institutions of higher education likely to re17 sult from compliance with the amendments 

18 made by subsection (a), including structuring 

19 penalties and filing fees to reduce such burdens, 

20 shortening timelines for reviews and investiga21 tions, allowing for simplified and streamlined 

22 declaration and notice requirements, and imple23 menting any procedures necessary to protect 

24 academic freedom; and 

25 (B) guidance with respect to— 


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1 (i) which gifts and contracts described 

2 in clause (vi)(II)(aa) of subsection 

3 (a)(4)(B) of section 721 of the Defense 

4 Production Act of 1950, as added by sub5 section (a)(1), would be subject to filing 

6 mandatory declarations under subsection 

7 (b)(1)(C)(v)(IV) of that section; and 

8 (ii) the meaning of ‘‘control’’, as de9 fined in subsection (a) of that section, as 

10 that term applies to covered transactions 

11 described in clause (vi) of paragraph 

12 (4)(B) of that section, as added by sub13 section (a)(1). 

14 (3) ISSUANCE OF FINAL RULE.—The Com15 mittee shall issue a final rule to carry out the 

16 amendments made by subsection (a) after assessing 

17 the findings of the pilot program required by sub18 section (e). 

19 (d) PILOT PROGRAM.— 

20 (1) IN GENERAL.—Beginning on the date that 

21 is 30 days after the publication in the Federal Reg22 ister of the matter required by paragraph (2) and 

23 ending on the date that is 570 days thereafter, the 

24 Committee shall conduct a pilot program to assess 

25 methods for implementing the review of covered 


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1 transactions described in clause (vi) of section 

2 721(a)(4)(B) of the Defense Production Act of 

3 1950, as added by subsection (a)(1). 

4 (2) PROPOSED DETERMINATION.—Not later 

5 than 270 days after the date of the enactment of 

6 this Act, the Committee shall, in consultation with 

7 the Secretary of Education, publish in the Federal 

8 Register— 

9 (A) a proposed determination of the scope 

10 of and procedures for the pilot program re11 quired by paragraph (1); 

12 (B) an assessment of the burden on insti13 tutions of higher education likely to result from 

14 compliance with the pilot program; 

15 (C) recommendations for addressing any 

16 such burdens, including shortening timelines for 

17 reviews and investigations, structuring penalties 

18 and filing fees, and simplifying and stream19 lining declaration and notice requirements to 

20 reduce such burdens; and 

21 (D) any procedures necessary to ensure 

22 that the pilot program does not infringe upon 

23 academic freedom. 

24 (3) REPORT ON FINDINGS.—Upon conclusion of 

25 the pilot program required by paragraph (1), the 


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1 Committee shall submit to Congress a report on the 

2 findings of that pilot program that includes— 

3 (A) a summary of the reviews conducted 

4 by the Committee under the pilot program and 

5 the outcome of such reviews; 

6 (B) an assessment of any additional re7 sources required by the Committee to carry out 

8 this section or the amendments made by sub9 section (a); 

10 (C) findings regarding the additional bur11 den on institutions of higher education likely to 

12 result from compliance with the amendments 

13 made by subsection (a) and any additional rec14 ommended steps to reduce those burdens; and 

15 (D) any recommendations for Congress to 

16 consider regarding the scope or procedures de17 scribed in this section or the amendments made 

18 by subsection (a). 

19 SEC. 530. DISCLOSURES OF FOREIGN GIFTS AND CON20 TRACTS AT INSTITUTIONS OF HIGHER EDU21 CATION. 

22 (a) DISCLOSURES OF FOREIGN GIFTS.—Section 117 

23 of the Higher Education Act of 1965 (20 U.S.C. 1011f) 

24 is amended to read as follows: 


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1 ‘‘SEC. 117. DISCLOSURES OF FOREIGN GIFTS AND AGREE2 MENTS. 

3 ‘‘(a) DISCLOSURE REPORTS.— 

4 ‘‘(1) AGGREGATE GIFTS AND CONTRACT DIS5 CLOSURES.—An institution shall file a disclosure re6 port described in subsection (b) with the Secretary 

7 and the Secretary of the Treasury (in the capacity 

8 of the Secretary as the chairperson of the Committee 

9 on Foreign Investment in the United States under 

10 section 721(k)(3) of the Defense Production Act of 

11 1950 (50 U.S.C. 4565(k)(3))) not later than March 

12 31 immediately following any calendar year in which 

13 the institution receives a gift from, or enters into a 

14 contract with, a foreign source, the value of which 

15 is $50,000 or more, considered alone or in combina16 tion with all other gifts from, or contracts with, that 

17 foreign source within the calendar year. 

18 ‘‘(2) DISCLOSURE OF CONTRACTS WITH UNDE19 TERMINED MONETARY VALUE.—An institution shall 

20 file a disclosure report described in subsection (b) 

21 with the Secretary and the Secretary of the Treas22 ury (in the capacity of the Secretary as the chair23 person of the Committee on Foreign Investment in 

24 the United States under section 721(k)(3) of the 

25 Defense Production Act of 1950 (50 U.S.C. 

26 4565(k)(3))) not later than March 31 immediately 


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1 following any calendar year in which the institution 

2 enters into a contract with a foreign source that has 

3 an undetermined monetary value. 

4 ‘‘(3) FOREIGN SOURCE OWNERSHIP OR CON5 TROL DISCLOSURES.—In the case of an institution 

6 that is owned or controlled by a foreign source, the 

7 institution shall file a disclosure report described in 

8 subsection (b) with the Secretary and the Secretary 

9 of the Treasury (in the capacity of the Secretary as 

10 the chairperson of the Committee on Foreign Invest11 ment in the United States under section 721(k)(3) 

12 of the Defense Production Act of 1950 (50 U.S.C. 

13 4565(k)(3))) not later than March 31 of every year. 

14 ‘‘(b) CONTENTS OF REPORT.—Each report to the 

15 Secretary required by subsection (a) shall contain the fol16 lowing: 

17 ‘‘(1)(A) In the case of an institution required to 

18 file a report under paragraph (1) or (2) of sub19 section (a)— 

20 ‘‘(i) for gifts received from or contracts en21 tered into with a foreign government, the aggre22 gate amount of such gifts and contracts re23 ceived from each foreign government, including 

24 the content of each such contract; and 


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1 ‘‘(ii) for gifts received from or contracts 

2 entered into with a foreign source other than a 

3 foreign government, the aggregate dollar 

4 amount of such gifts and contracts attributable 

5 to a particular country and the legal or formal 

6 name of the foreign source, and the content of 

7 each such contract. 

8 ‘‘(B) For purposes of this paragraph, the coun9 try to which a gift is attributable is— 

10 ‘‘(i) the country of citizenship, or if un11 known, the principal residence, for a foreign 

12 source who is a natural person; or 

13 ‘‘(ii) the country of incorporation, or if un14 known, the principal place of business, for a 

15 foreign source which is a legal entity. 

16 ‘‘(2) In the case of an institution required to 

17 file a report under subsection (a)(3)— 

18 ‘‘(A) the information described in para19 graph (1)(A) (without regard to any gift or con20 tract threshold described in subsection (a)(1)); 

21 ‘‘(B) the identity of the foreign source that 

22 owns or controls the institution; 

23 ‘‘(C) the date on which the foreign source 

24 assumed ownership or control; and 


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1 ‘‘(D) any changes in program or structure 

2 resulting from the change in ownership or con3 trol. 

4 ‘‘(3) An assurance that the institution will 

5 maintain a true copy of each gift or contract agree6 ment subject to the disclosure requirements under 

7 this section, until the latest of— 

8 ‘‘(A) the date that is 4 years after the date 

9 of the agreement; 

10 ‘‘(B) the date on which the agreement ter11 minates; or 

12 ‘‘(C) the last day of any period that appli13 cable State public record law requires a true 

14 copy of such agreement to be maintained. 

15 ‘‘(4) An assurance that the institution will 

16 produce true copies of gift and contract agreements 

17 subject to the disclosure requirements under this 

18 section upon request of the Secretary during a com19 pliance audit or other institutional investigation and 

20 shall ensure all gifts and contracts from the foreign 

21 source are translated into English by a third party 

22 unaffiliated with the foreign source or institution for 

23 this purpose. 

24 ‘‘(c) ADDITIONAL DISCLOSURES FOR RESTRICTED

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1 standing the provisions of subsection (b), whenever any 

2 institution receives a restricted or conditional gift or con3 tract from a foreign source, the institution shall disclose 

4 the following to the Department translated into English 

5 by a third party unaffiliated with the foreign source or 

6 institution: 

7 ‘‘(1) For such gifts received from or contracts 

8 entered into with a foreign source other than a for9 eign government, the amount, the date, and a de10 scription of such conditions or restrictions. The re11 port shall also disclose the country of citizenship, or 

12 if unknown, the principal residence for a foreign 

13 source which is a natural person, and the country of 

14 incorporation, or if unknown, the principal place of 

15 business for a foreign source which is a legal entity. 

16 ‘‘(2) For gifts received from or contracts en17 tered into with a foreign government, the amount, 

18 the date, a description of such conditions or restric19 tions, and the name of the foreign government. 

20 ‘‘(d) RELATION TO OTHER REPORTING REQUIRE21 MENTS.— 

22 ‘‘(1) STATE REQUIREMENTS.—If an institution 

23 that is required to file a disclosure report under sub24 section (a) is within a State which has enacted re25 quirements for public disclosure of gifts from or conVerDate Sep 11 2014 16:25 May 16, 2024 Jkt 049200 PO 00000 Frm 00275 Fmt 6652 Sfmt 6201 E:\BILLS\H7476.IH H7476

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1 tracts with a foreign source that includes all infor2 mation required under this section for the same or 

3 an equivalent time period, a copy of the disclosure 

4 report filed with the State may be filed with the Sec5 retary and the Secretary of the Treasury in lieu of 

6 the report required under such subsection. The State 

7 in which the institution is located shall provide to 

8 the Secretaries such assurances as the Secretaries 

9 may require to establish that the institution has met 

10 the requirements for public disclosure under State 

11 law if the State report is filed. 

12 ‘‘(2) USE OF OTHER FEDERAL REPORTS.—If an 

13 institution receives a gift from, or enters into a con14 tract with, a foreign source, where any other depart15 ment, agency, or bureau of the executive branch re16 quires a report containing all the information re17 quired under this section for the same or an equiva18 lent time period, a copy of the report may be filed 

19 with the Secretary and the Secretary of the Treas20 ury in lieu of a report required under subsection (a). 

21 ‘‘(e) CONFUCIUS INSTITUTE AGREEMENTS.— 

22 ‘‘(1) DEFINED TERM.—In this subsection, the 

23 term ‘Confucius Institute’ means a cultural institute 

24 directly or indirectly funded by the Government of 

25 the People’s Republic of China. 


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1 ‘‘(2) DISCLOSURE REQUIREMENT.—Any institu2 tion that has entered into an agreement with a Con3 fucius Institute shall immediately make the full text 

4 of such agreement available— 

5 ‘‘(A) on the publicly accessible website of 

6 the institution; 

7 ‘‘(B) to the Department of Education; 

8 ‘‘(C) to the Committee on Health, Edu9 cation, Labor, and Pensions of the Senate; and 

10 ‘‘(D) to the Committee on Education and 

11 the Workforce of the House of Representatives. 

12 ‘‘(3) In subsection (i), as redesignated— 

13 ‘‘(A) in paragraph (2), by amending sub14 paragraph (A) to read as follows: 

15 ‘‘ ‘(A) a foreign government, including— 

16 ‘‘ ‘(i) any agency of a foreign govern17 ment, and any other unit of foreign gov18 ernmental authority, including any foreign 

19 national, State, local, and municipal gov20 ernment; 

21 ‘‘ ‘(ii) any international or multi22 national organization whose membership is 

23 composed of any unit of foreign govern24 ment described in clause (i); and 


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1 ‘‘ ‘(iii) any agent or representative of 

2 any such unit or such organization, while 

3 acting as such;’; and 

4 ‘‘(B) in paragraph (3), by inserting before 

5 the semicolon at the end the following: ‘, or the 

6 fair market value of an in-kind gift’. 

7 ‘‘(f) PUBLIC DISCLOSURE AND MODIFICATION OF

8 REPORTS.— 

9 ‘‘(1) IN GENERAL.—Not later than 30 days 

10 after receiving a disclosure report under this section, 

11 the Secretary shall make such report electronically 

12 available to the public for downloading on a search13 able database under which institutions can be indi14 vidually identified and compared. 

15 ‘‘(2) MODIFICATIONS.—The Secretary shall in16 corporate a process permitting institutions to revise 

17 and update previously filed disclosure reports under 

18 this section to ensure accuracy, compliance, and abil19 ity to cure. 

20 ‘‘(g) SANCTIONS FOR NONCOMPLIANCE.— 

21 ‘‘(1) IN GENERAL.—As a sanction for non22 compliance with the requirements under this section, 

23 the Secretary may impose a fine on an institution 

24 that in any year knowingly or willfully violates this 

25 section, that is— 


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1 ‘‘(A) in the case of a failure to disclose a 

2 gift or contract with a foreign source as re3 quired under this section or to comply with the 

4 requirements of subsection (b)(4), in an amount 

5 that is not less than $250 but not more than 

6 the amount of the gift or contract with the for7 eign source; or 

8 ‘‘(B) in the case of any violation of the re9 quirements of subsection (a)(3), in an amount 

10 that is not more than 25 percent of the total 

11 amount of funding received by the institution 

12 under this Act. 

13 ‘‘(2) REPEATED FAILURES.— 

14 ‘‘(A) KNOWING AND WILLFUL FAIL15 URES.—In addition to a fine for a violation in 

16 any year in accordance with paragraph (1) and 

17 subject to subsection (e)(2), the Secretary shall 

18 impose a fine on an institution that knowingly 

19 and willfully fails in 3 consecutive years to com20 ply with the requirements of this section, that 

21 is— 

22 ‘‘(i) in the case of a failure to disclose 

23 a gift or contract with a foreign source as 

24 required under this section or to comply 

25 with the requirements of subsection (b)(4), 


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1 in an amount that is not less than 

2 $100,000 but not more than twice the 

3 amount of the gift or contract with the for4 eign source; or 

5 ‘‘(ii) in the case of any violation of the 

6 requirements of subsection (a)(3), in an 

7 amount that is not more than 25 percent 

8 of the total amount of funding received by 

9 the institution under this Act. 

10 ‘‘(B) ADMINISTRATIVE FAILURES.—The 

11 Secretary shall impose a fine on an institution 

12 that fails to comply with the requirements of 

13 this section in 3 consecutive years, in an 

14 amount that is not less than $250 but not more 

15 than the amount of the gift or contract with the 

16 foreign source. 

17 ‘‘(C) COMPLIANCE PLAN REQUIREMENT.— 

18 An institution that fails to file a disclosure re19 port for a receipt of a gift from or contract with 

20 a foreign source in 2 consecutive years, shall be 

21 required to submit a compliance plan to the 

22 Secretary. 

23 ‘‘(h) COMPLIANCE OFFICER.—Any institution that is 

24 required to report a gift or contract under this section 

25 shall designate and maintain a compliance officer who— 


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1 ‘‘(1) shall be a current employee or legally au2 thorized agent of such institution; and 

3 ‘‘(2) shall be responsible, on behalf of the insti4 tution, for compliance with the foreign gift reporting 

5 requirement under this section and section 124, if 

6 applicable. 

7 ‘‘(i) SINGLE POINT OF CONTACT.—The Secretary 

8 shall maintain a single point of contact to— 

9 ‘‘(1) receive and respond to inquiries and re10 quests for technical assistance from institutions of 

11 higher education regarding compliance with the re12 quirements of this section; and 

13 ‘‘(2) coordinate the disclosure of information on 

14 the searchable database, and process for modifica15 tions of disclosures and ability to cure, as described 

16 in subsection (e). 

17 ‘‘(j) TREATMENT OF CERTAIN PAYMENTS AND

18 GIFTS.— 

19 ‘‘(1) EXCLUSIONS.—The following shall not be 

20 considered a gift from a foreign source under this 

21 section: 

22 ‘‘(A) Any payment of one or more elements 

23 of a student’s cost of attendance (as defined in 

24 section 472) to an institution by, or scholarship 

25 from, a foreign source who is a natural person, 


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1 acting in their individual capacity and not as an 

2 agent for, at the request or direction of, or on 

3 behalf of, any person or entity (except the stu4 dent), made on behalf of no more than 15 stu5 dents that is not made under contract with 

6 such foreign source, except for the agreement 

7 between the institution and such student cov8 ering one or more elements of such student’s 

9 cost of attendance. 

10 ‘‘(B) Assignment or license of registered 

11 industrial and intellectual property rights, such 

12 as patents, utility models, trademarks, or copy13 rights, or technical assistance, that are not 

14 identified as being associated with a national 

15 security risk or concern by the Federal Re16 search Security Council as described under sec17 tion 7902 of title 31, United States Code, as 

18 added by section 4493 of the Securing Amer19 ica’s Future Act. 

20 ‘‘(2) INCLUSIONS.—Any gift to, or contract 

21 with, an entity or organization, such as a research 

22 foundation, that operates substantially for the ben23 efit or under the auspices of an institution shall be 

24 considered a gift to or with respectively, such insti25 tution. 


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1 ‘‘(k) DEFINITIONS.—In this section— 

2 ‘‘(1) the term ‘contract’— 

3 ‘‘(A) means any— 

4 ‘‘(i) agreement for the acquisition by 

5 purchase, lease, or barter of property or 

6 services by the foreign source, for the di7 rect benefit or use of either of the parties, 

8 except as provided in subparagraph (B); or 

9 ‘‘(ii) affiliation, agreement, or similar 

10 transaction with a foreign source and is 

11 based on the use or exchange of an institu12 tion’s name, likeness, time, services, or re13 sources, except as provided in subpara14 graph (B); and 

15 ‘‘(B) does not include any agreement made 

16 by an institution located in the United States 

17 for the acquisition, by purchase, lease, or bar18 ter, of property or services from a foreign 

19 source; 

20 ‘‘(2) the term ‘foreign source’ means— 

21 ‘‘(A) a foreign government, including an 

22 agency of a foreign government; 

23 ‘‘(B) a legal entity, governmental or other24 wise, created under the laws of a foreign state 

25 or states; 


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1 ‘‘(C) an individual who is not a citizen or 

2 a national of the United States or a trust terri3 tory or protectorate thereof; and 

4 ‘‘(D) an agent, including a subsidiary or 

5 affiliate of a foreign legal entity, acting on be6 half of a foreign source; 

7 ‘‘(3) the term ‘gift’ means any gift of money, 

8 property, resources, staff, or services; 

9 ‘‘(4) the term ‘institution’ means an institution 

10 of higher education, as defined in section 102, or, if 

11 a multicampus institution, any single campus of 

12 such institution, in any State; and 

13 ‘‘(5) the term ‘restricted or conditional gift or 

14 contract’ means any endowment, gift, grant, con15 tract, award, present, or property of any kind which 

16 includes provisions regarding— 

17 ‘‘(A) the employment, assignment, or ter18 mination of faculty; 

19 ‘‘(B) the establishment of departments, 

20 centers, institutes, instructional programs, re21 search or lecture programs, or new faculty posi22 tions; 

23 ‘‘(C) the selection or admission of stu24 dents; or 


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1 ‘‘(D) the award of grants, loans, scholar2 ships, fellowships, or other forms of financial 

3 aid restricted to students of a specified country, 

4 religion, sex, ethnic origin, or political opin5 ion.’’. 

6 (b) POLICY REGARDING CONFLICTS OF INTEREST

7 FROM FOREIGN GIFTS AND CONTRACTS.—Part B of title 

8 I of the Higher Education Act of 1965 (20 U.S.C. 1011 

9 et seq.) is amended by adding at the end the following: 

10 ‘‘SEC. 124. INSTITUTIONAL POLICY REGARDING FOREIGN 

11 GIFTS AND CONTRACTS TO FACULTY AND 

12 STAFF. 

13 ‘‘(a) REQUIREMENT TO MAINTAIN POLICY AND

14 DATABASE.—Each institution of higher education de15 scribed in subsection (b) shall— 

16 ‘‘(1) maintain a policy requiring faculty, profes17 sional staff, and other staff engaged in research and 

18 development (as determined by the institution) em19 ployed at such institution to disclose to such institu20 tion any gifts received from, or contracts entered 

21 into with, a foreign source; 

22 ‘‘(2) maintain a searchable database of infor23 mation disclosed in paragraph (1) for the previous 

24 five years, except an institution shall not be required 

25 to include in the database gifts or contracts received 


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1 or entered into before the date of enactment of the 

2 Securing America’s Future Act; and 

3 ‘‘(3) maintain a plan to effectively identify and 

4 manage potential information gathering by foreign 

5 sources through espionage targeting faculty, profes6 sional staff, and other staff engaged in research and 

7 development (as determined by the institution) that 

8 may arise from gifts received from, or contracts en9 tered into with, a foreign source, including through 

10 the use of periodic communications and enforcement 

11 of the policy described in paragraph (1). 

12 ‘‘(b) INSTITUTIONS.—An institution of higher edu13 cation shall be subject to the requirements of this section 

14 if such institution— 

15 ‘‘(1) is an institution of higher education as de16 fined under section 102; and 

17 ‘‘(2) had more than $5,000,000 in research and 

18 development expenditures in any of the previous five 

19 years. 

20 ‘‘(c) SANCTIONS FOR NONCOMPLIANCE.— 

21 ‘‘(1) IN GENERAL.—As a sanction for non22 compliance with the requirements under this section, 

23 the Secretary may impose a fine on an institution 

24 that in any year knowingly or willfully violates this 


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1 section, in an amount that is not less than $250 but 

2 not more than $1,000. 

3 ‘‘(2) SECOND FAILURE.—In addition to a fine 

4 for a violation in accordance with paragraph (1), the 

5 Secretary shall impose a fine on an institution that 

6 knowingly, willfully, and repeatedly fails to comply 

7 with the requirements of this section in a second 

8 consecutive year in an amount that is not less than 

9 $1,000 but not more than $25,000. 

10 ‘‘(3) THIRD AND ADDITIONAL FAILURES.—In 

11 addition to a fine for a violation in accordance with 

12 paragraph (1) or (2), the Secretary shall impose a 

13 fine on an institution that knowingly, willfully, and 

14 repeatedly fails to comply with the requirements of 

15 this section in a third consecutive year, or any con16 secutive year thereafter, in an amount that is not 

17 less than $25,000 but not more than $50,000. 

18 ‘‘(4) ADMINISTRATIVE FAILURES.—The Sec19 retary shall impose a fine on an institution that fails 

20 in 3 consecutive years to comply with the require21 ments of this section in an amount that is not less 

22 than $250 but not more than $25,000. 

23 ‘‘(5) COMPLIANCE PLAN REQUIREMENT.—An 

24 institution that fails to comply with the require25 ments under this section for 2 consecutive years 


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1 shall be required to submit a compliance plan to the 

2 Secretary. 

3 ‘‘(d) DEFINITIONS.—In this section— 

4 ‘‘(1) the terms ‘foreign source’ and ‘gift’ have 

5 the meaning given the terms in section 117; 

6 ‘‘(2) the term ‘contract’ means any— 

7 ‘‘(A) agreement for the acquisition by pur8 chase, lease, or barter of property or services by 

9 the foreign source, for the direct benefit or use 

10 of either of the parties; or 

11 ‘‘(B) affiliation, agreement, or similar 

12 transaction with a foreign source based on the 

13 use or exchange of the name, likeness, time, 

14 services, or resources of faculty, professional 

15 staff, and other staff engaged in research and 

16 development (as determined by the institution); 

17 and 

18 ‘‘(3) the term ‘professional staff’ means profes19 sional employees, as defined in section 3 of the Fair 

20 Labor Standards Act of 1938 (29 U.S.C. 203).’’. 

21 (c) REGULATIONS.— 

22 (1) IN GENERAL.—Not later than 1 year after 

23 the date of enactment of this Act, the Secretary of 

24 Education shall begin the negotiated rulemaking 

25 process under section 492 of the Higher Education 


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1 Act of 1965 (20 U.S.C. 1098a) to carry out the 

2 amendments made by subsections (a) and (b). 

3 (2) ISSUES.—Regulations issued pursuant to 

4 paragraph (1) to carry out the amendment made by 

5 subsection (a) shall, at a minimum, address the fol6 lowing issues: 

7 (A) Instructions on reporting structured 

8 gifts and contracts. 

9 (B) The inclusion in institutional reports 

10 of gifts received from, and contracts entered 

11 into with, foreign sources by entities and orga12 nizations, such as research foundations, that 

13 operate substantially for the benefit or under 

14 the auspices of the institution. 

15 (C) Procedures to protect confidential or 

16 proprietary information included in gifts and 

17 contracts. 

18 (D) The alignment of such regulations 

19 with the reporting and disclosure of foreign 

20 gifts or contracts required by other Federal 

21 agencies. 

22 (E) The treatment of foreign gifts or con23 tracts involving research or technologies identi24 fied as being associated with a national security 

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1 rity Council as described under section 7902 of 

2 title 31, United States Code, as added by sec3 tion 4493 of this Act. 

4 SEC. 531. PUBLIC DATABASE. 

5 There is established an interagency group, which 

6 shall be led by the Director of National Intelligence, to 

7 be responsible for creating and maintaining a public data8 base assisting United States persons, including companies, 

9 universities, and individuals, in conducting due diligence 

10 on potential business or academic partners in China. Such 

11 database should contain information enabling users to 

12 identify the manner and extent to which the military, 

13 United Front Work Department, intelligence agencies, or 

14 security agencies of the Government of the People’s Re15 public of China may be linked to Chinese companies, in16 vestment firms, other financial institutions, research insti17 tutes, and universities. 

18 SEC. 532. DUMP INVESTMENTS IN TROUBLESOME COM19 MUNIST HOLDINGS. 

20 (a) SHORT TITLE.—This section may be cited as the 

21 ‘‘Dump Investments in Troublesome Communist Holdings 

22 Act’’ or as the ‘‘DITCH Act’’. 

23 (b) RESTRICTION ON INVESTMENT IN CHINESE COM24 PANIES BY TAX-EXEMPT ENTITIES.— 


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1 (1) IN GENERAL.—Section 501 of the Internal 

2 Revenue Code of 1986 is amended by adding at the 

3 end the following new subsection: 

4 ‘‘(s) RESTRICTION ON INVESTMENT IN CHINESE

5 COMPANIES.— 

6 ‘‘(1) IN GENERAL.—An organization shall not 

7 be treated as described in subsection (c) or (d) or 

8 section 401(a) for any taxable year if such organiza9 tion— 

10 ‘‘(A) holds any interest in a disqualified 

11 Chinese company at any time during such tax12 able year, or 

13 ‘‘(B) fails to timely transmit the annual re14 port described in paragraph (5) for such tax15 able year. 

16 ‘‘(2) DISQUALIFIED CHINESE COMPANY.—For 

17 purposes of this subsection— 

18 ‘‘(A) IN GENERAL.—The term ‘disqualified 

19 Chinese company’ means any corporation— 

20 ‘‘(i) that is incorporated in China, or 

21 ‘‘(ii) more than 10 percent of the 

22 stock of which (determined by vote or 

23 value) is held (directly or indirectly 

24 through any chain of ownership) by any of 

25 the following (or combination thereof): 


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1 ‘‘(I) 1 or more corporations de2 scribed in clause (i). 

3 ‘‘(II) China or any governmental 

4 agency thereof. 

5 ‘‘(III) Provincial, regional, mu6 nicipal, Special Administrative Re7 gions, prefecture, county, township, 

8 village, or any other Chinese sub-na9 tional governmental entity or agency. 

10 ‘‘(IV) Any entity controlled (di11 rectly or indirectly) by the Chinese 

12 Communist Party or any Chinese 

13 Communist Party organ. 

14 ‘‘(V) Any Chinese national. 

15 ‘‘(B) APPLICATION TO ENTITIES OTHER

16 THAN CORPORATIONS.—In the case of any busi17 ness organization which is not a corporation, 

18 subparagraph (A) shall apply to such organiza19 tion in the same manner as though such organi20 zation were a corporation. 

21 ‘‘(C) APPLICATION TO INDIRECT, DERIVA22 TIVE, OR OTHER CONTRACTUAL INTERESTS, 

23 ETC.—For purposes of this subsection, an orga24 nization shall be treated as holding an interest 


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1 in a disqualified Chinese company if such orga2 nization— 

3 ‘‘(i) holds such interest (or any instru4 ment described in subparagraph (A)) di5 rectly or indirectly through any chain of 

6 ownership, or 

7 ‘‘(ii) holds any derivative financial in8 strument or other contractual arrangement 

9 with respect to such interest or company 

10 (including any financial instrument or 

11 other contract which seeks to replicate any 

12 financial return with respect to such inter13 est or such company). 

14 ‘‘(D) PUBLICATION OF LIST BY SEC15 RETARY.—The Secretary shall, not later than 

16 120 days after the date of the enactment of this 

17 subsection, establish a process for the periodic 

18 publishing of a list of certified pooled invest19 ments, including exchange traded funds and 

20 mutual funds, that do not have exposure to dis21 qualified Chinese companies. 

22 ‘‘(3) WAIVERS.— 

23 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

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1 zation during any taxable year if the Secretary 

2 issues a waiver to such organization with re3 spect to such interest for such taxable year 

4 under this paragraph. Any waiver issued under 

5 this paragraph shall be subject to renewal or 

6 expiration on a biannual basis. 

7 ‘‘(B) WAIVER PROCESS.— 

8 ‘‘(i) APPLICATION.—Not later than 60 

9 days after the date of the enactment of 

10 this subsection, the Secretary shall estab11 lish a process under which an organization 

12 may submit a written application for a 

13 waiver under this paragraph. Such applica14 tion shall be made publicly available and 

15 shall include the following: 

16 ‘‘(I) An explanation of the need 

17 for such waiver and the reasons that 

18 the need for such waiver outweigh the 

19 threat posed to the United States by 

20 China and the lack of separation be21 tween China and the disqualified Chi22 nese company involved. 

23 ‘‘(II) The type (including sector 

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1 tion of the investment in the disquali2 fied Chinese company. 

3 ‘‘(III) The relationship between 

4 the disqualified Chinese company and 

5 China. 

6 ‘‘(IV) The extenuating cir7 cumstances justifying the applicant’s 

8 need to invest in the disqualified Chi9 nese company. 

10 ‘‘(ii) RESPONSE.—The Secretary shall 

11 provide a written response to each com12 pleted application under clause (i) not later 

13 than 60 days after receipt of such applica14 tion. Such written response shall be made 

15 publicly available and shall include the fol16 lowing: 

17 ‘‘(I) A statement of whether the 

18 waiver has been provided or withheld. 

19 ‘‘(II) The reasons for providing 

20 or withholding the waiver. 

21 ‘‘(III) The identification of any 

22 future investments with respect to 

23 which such waiver applies. 

24 ‘‘(IV) The date on which such 

25 waiver expires (which may not be later 


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1 than the earlier of the termination of 

2 the extenuating circumstances re3 ferred to in clause (i)(IV) or the end 

4 of the biannual period referred to in 

5 subparagraph (A)). 

6 ‘‘(C) STANDARDS FOR DETERMINING IF

7 WAIVER IS PROVIDED.—The Secretary may pro8 vide a waiver under this paragraph only if the 

9 Secretary independently determines that— 

10 ‘‘(i) the need for such waiver, and the 

11 reasons for the need for such waiver, out12 weigh the threat posed to the United 

13 States by China and the lack of separation 

14 between China and the disqualified Chinese 

15 company involved, and 

16 ‘‘(ii) extenuating circumstances justify 

17 the applicant’s need to invest in the dis18 qualified Chinese company. 

19 For purposes of this subparagraph, the Sec20 retary shall not consider the past or future fi21 nancial returns of any investment in any dis22 qualified Chinese company, or any other jus23 tification based on the applicant’s own financial 

24 needs, as an extenuating circumstance justi25 fying such an investment. 


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1 ‘‘(D) PUBLICATION OF WAIVERS PRO2 VIDED.—With respect to each calendar quarter, 

3 the Secretary shall publish and make publicly 

4 available a list of the waivers provided by the 

5 Secretary under this paragraph during such 

6 quarter. 

7 ‘‘(4) CHINA.—For purposes of this section, the 

8 term ‘China’ means the People’s Republic of China 

9 and includes any subordinate Special Administrative 

10 Regions thereof. 

11 ‘‘(5) ANNUAL REPORT.—Each organization de12 scribed in paragraph (1) with respect to each taxable 

13 year shall, not later than the due date for the return 

14 of tax for such taxable year, transmit to the Sec15 retary a written report including— 

16 ‘‘(A) a description of each interest in a dis17 qualified Chinese company held by such organi18 zation during such taxable year, 

19 ‘‘(B) the period during which such interest 

20 was so held, and 

21 ‘‘(C) whether such organization has a 

22 waiver under paragraph (3) to hold such inter23 est during such period.’’. 

24 (2) EFFECTIVE DATE.— 


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1 (A) IN GENERAL.—The amendment made 

2 by this section shall apply to taxable years end3 ing after the date of the enactment of this Act, 

4 except that only periods after the date that is 

5 270 days after the date of the enactment of this 

6 Act shall be taken into account in determining 

7 whether the requirement of section 501(s) of 

8 the Internal Revenue Code of 1986 (as added 

9 by paragraph (1)) is met with respect to any 

10 taxable year. 

11 (B) 1-YEAR GRACE PERIOD UNDER CER12 TAIN CIRCUMSTANCES.—In the case of organi13 zation that, after intensive due diligence, is un14 aware of the failure to satisfy the requirement 

15 of such section 501(s), subparagraph (A) shall 

16 be applied by substituting ‘‘1 year’’ for ‘‘270 

17 days’’. 

18 (3) PUBLIC REPORT.—Not later than 360 days 

19 after the date of the enactment of this Act, and an20 nually thereafter, the Secretary of the Treasury (or 

21 the Secretary’s delegate) shall publicly release a re22 port describing the patterns of United States out23 bound investment in China, including such invest24 ment by organizations described in section 501(s)(1) 

25 of the Internal Revenue Code of 1986 (as added by 


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1 paragraph (1)). Such report shall detail the sectoral 

2 breakdown of such investments. 

3 TITLE VI—MATTERS RELATED 

4 TO DEMOCRACY, HUMAN 

5 RIGHTS AND TAIWAN 

6 SEC. 601. SUPPORTING A FREE AND DEMOCRATIC CHINA. 

7 It is the policy of the United States to support a free 

8 and democratic China which respects the human rights 

9 and civil liberties of the people of China. 

10 SEC. 602. AMERICAN INSTITUTE IN TAIWAN. 

11 The position of Director of the American Institute in 

12 Taiwan’s Taipei office shall be subject to the advice and 

13 consent of the Senate, and effective upon enactment of 

14 this Act shall have the title of Representative. 

15 SEC. 603. PROHIBITIONS AGAINST UNDERMINING UNITED 

16 STATES POLICY REGARDING TAIWAN. 

17 (a) FINDING.—Congress finds that the efforts by the 

18 Government of the People’s Republic of China (PRC) and 

19 the Chinese Communist Party to compel private United 

20 States businesses, corporations, and nongovernmental en21 tities to use PRC-mandated language to describe the rela22 tionship between Taiwan and China are an intolerable at23 tempt to enforce political censorship globally and should 

24 be considered an attack on the fundamental underpinnings 


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1 of all democratic and free societies, including the constitu2 tionally protected right to freedom of speech. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that the United States Government, in coordination 

5 with United States businesses and nongovernmental enti6 ties, should formulate a code of conduct for interacting 

7 with the Government of the People’s Republic of China 

8 and the Chinese Communist Party and affiliated entities, 

9 the aim of which is— 

10 (1) to counter PRC sharp power operations, 

11 which threaten free speech, academic freedom, and 

12 the normal operations of United States businesses 

13 and nongovernmental entities; and 

14 (2) to counter PRC efforts to censor the way 

15 the world refers to issues deemed sensitive to the 

16 Government of the People’s Republic of China and 

17 Chinese Communist Party leaders, including issues 

18 related to Taiwan, Tibet, the Tiananmen Square 

19 Massacre, and the mass internment of Uyghurs and 

20 other Turkic Muslims, among many other issues. 

21 (c) PROHIBITION ON RECOGNITION OF PRC CLAIMS

22 TO SOVEREIGNTY OVER TAIWAN.— 

23 (1) SENSE OF CONGRESS.—It is the sense of 

24 Congress that— 


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1 (A) issues related to the sovereignty of 

2 Taiwan are for the people of Taiwan to decide 

3 through the democratic process they have estab4 lished; 

5 (B) the dispute between the People’s Re6 public of China and Taiwan must be resolved 

7 peacefully and with the assent of the people of 

8 Taiwan; 

9 (C) the primary obstacle to peaceful reso10 lution is the authoritarian nature of the PRC 

11 political system under one-party rule of the Chi12 nese Communist Party, which is fundamentally 

13 incompatible with Taiwan’s democracy; and 

14 (D) any attempt to coerce the people of 

15 Taiwan to accept a political arrangement that 

16 would subject them to direct or indirect rule by 

17 the PRC, including a ‘‘one country, two sys18 tems’’ framework, would constitute a grave 

19 challenge to United States security interests in 

20 the region. 

21 (2) STATEMENT OF POLICY.—It is the policy of 

22 the United States to oppose any attempt by the 

23 PRC authorities to unilaterally impose a timetable 

24 or deadline for unification on Taiwan. 


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1 (3) PROHIBITION ON RECOGNITION OF PRC

2 CLAIMS WITHOUT ASSENT OF PEOPLE OF TAIWAN.— 

3 No department or agency of the United States Gov4 ernment may formally or informally recognize PRC 

5 claims to sovereignty over Taiwan without the assent 

6 of the people of Taiwan, as expressed directly 

7 through the democratic process. 

8 (4) TREATMENT OF TAIWAN GOVERNMENT.— 

9 (A) IN GENERAL.—The Department of 

10 State and other United States Government 

11 agencies shall treat the democratically elected 

12 government of Taiwan as the legitimate rep13 resentative of the people of Taiwan and end the 

14 outdated practice of referring to the govern15 ment in Taiwan as the ‘‘authorities’’. Notwith16 standing the continued supporting role of the 

17 American Institute in Taiwan in carrying out 

18 United States foreign policy and protecting 

19 United States interests in Taiwan, the United 

20 States Government shall not place any restric21 tions on the ability of officials of the Depart22 ment of State and other United States Govern23 ment agencies from interacting directly and 

24 routinely with counterparts in the Taiwan gov25 ernment. 


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1 (d) STRATEGY TO PROTECT UNITED STATES BUSI2 NESSES AND NONGOVERNMENTAL ENTITIES FROM COER3 CION.—Not later than 90 days after the date of the enact4 ment of this Act, the Secretary of State, in consultation 

5 with the Secretary of Commerce, the Secretary of the 

6 Treasury, and the heads of other relevant Federal agen7 cies, shall submit an unclassified report, with a classified 

8 annex if necessary, to protect United States businesses 

9 and nongovernmental entities from sharp power oper10 ations, including coercion and threats that lead to censor11 ship or self-censorship, or which compel compliance with 

12 political or foreign policy positions of the Government of 

13 the People’s Republic of China and the Chinese Com14 munist Party. The strategy shall include the following ele15 ments: 

16 (1) Information on efforts by the Government 

17 of the People’s Republic of China to censor the 

18 websites of United States airlines, hotels, and other 

19 businesses regarding the relationship between Tai20 wan and the People’s Republic of China. 

21 (2) Information on efforts by the Government 

22 of the People’s Republic of China to target United 

23 States nongovernmental entities through sharp 

24 power operations intended to weaken support for 

25 Taiwan. 


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1 (3) Information on United States Government 

2 efforts to counter the threats posed by Chinese 

3 state-sponsored propaganda and disinformation, in4 cluding information on best practices, current suc5 cesses, and existing barriers to responding to this 

6 threat. 

7 (4) Details of any actions undertaken to create 

8 a code of conduct pursuant to subsection (b) and a 

9 timetable for implementation. 

10 SEC. 604. NEGOTIATION OF A FREE TRADE AGREEMENT 

11 WITH TAIWAN. 

12 Subject to section 605, the President is authorized 

13 to enter into an agreement with Taiwan consistent with 

14 the policy described in section 603, and the provisions of 

15 section 151(c) of the Trade Act of 1974 (19 U.S.C. 

16 2191(c)) shall apply with respect to a bill to implement 

17 such agreement. 

18 SEC. 605. INTRODUCTION AND FAST TRACK CONSIDER19 ATION OF IMPLEMENTING BILL. 

20 (a) INTRODUCTION IN HOUSE OF REPRESENTATIVES

21 AND SENATE.—Whenever the President submits to Con22 gress a bill to implement a trade agreement described in 

23 section 604, the bill shall be introduced (by request) in 

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1 scribed in section 151(c) of the Trade Act of 1974 (19 

2 U.S.C. 2191(c)). 

3 (b) PERMISSIBLE CONTENT IN IMPLEMENTING LEG4 ISLATION.—A bill to implement a trade agreement de5 scribed in section 604 shall contain provisions that are 

6 necessary to implement the trade agreement, and shall in7 clude trade-related labor and environmental protection 

8 standards, but may not include amendments to title VII 

9 of the Tariff Act of 1930, title II of the Trade Act of 

10 1974, or any antitrust law of the United States. 

11 (c) APPLICABILITY OF FAST TRACK PROCEDURES.— 

12 Section 151 of the Trade Act of 1974 (19 U.S.C. 2191) 

13 is amended— 

14 (1) in subsection (b)(1), by inserting ‘‘section 

15 604 of the Countering Communist China Act,’’ after 

16 ‘‘section 282 of the Uruguay Round Agreements 

17 Act,’’; and 

18 (2) in subsection (c)(1), by inserting ‘‘section 

19 604 of the Countering Communist China Act,’’ after 

20 ‘‘the Uruguay Round Agreements Act,’’. 

21 SEC. 606. STRATEGY TO ADDRESS GENOCIDE IN THE 

22 XINJIANG UYGHUR AUTONOMOUS REGION. 

23 (a) STRATEGY REQUIRED.—Not later than 60 days 

24 after the date of the enactment of this Act, the President 


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1 shall submit to the appropriate congressional committees 

2 a report that includes a strategy specifically describing— 

3 (1) the steps already taken to tangibly address 

4 atrocity crimes occurring in the Xinjiang Uyghur 

5 Autonomous Region, especially during the period fol6 lowing the January 19, 2021, determination that 

7 genocide and crimes against humanity were occur8 ring in the Xinjiang Uyghur Autonomous Region; 

9 and 

10 (2) a strategy for ending the atrocity crimes oc11 curring in the Xinjiang Uyghur Autonomous Region, 

12 including by— 

13 (A) holding accountable persons or entities 

14 responsible for committing such atrocity crimes 

15 by addressing, through existing or new export 

16 controls or import restrictions, the issues of 

17 mass biometric surveillance and forced labor 

18 programs in China; 

19 (B) gaining access for United Nations, 

20 United States, and other diplomats and foreign 

21 journalists to the Xinjiang Uyghur Autonomous 

22 Region; and 

23 (C) protecting Uyghurs, Kazakhs, Kyrgyz, 

24 and other ethnic minorities affected by the 


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1 atrocities committed by the Government of the 

2 People’s Republic of China. 

3 (b) FORM AND PUBLICATION.—The report required 

4 under subsection (b) shall be submitted in unclassified 

5 form and shall be made publicly available, but may include 

6 a classified annex. 

7 (c) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

8 In this section, the term ‘‘appropriate congressional com9 mittees’’ means— 

10 (1) The Committee on Foreign Affairs, the 

11 Committee on Armed Services, and the Committee 

12 on Appropriations of the House of Representatives. 

13 (2) The Committee on Foreign Relations, the 

14 Committee on Armed Services, and the Committee 

15 on Appropriations of the Senate. 

16 SEC. 607. SANCTIONS WITH RESPECT TO INDIVIDUALS RE17 SPONSIBLE FOR OR COMPLICIT IN FORCED 

18 STERILIZATIONS, FORCED ABORTIONS, OR 

19 OTHER SEXUAL VIOLENCE. 

20 (a) STATEMENT OF POLICY.—It is the policy of the 

21 United States to consider any foreign person or entity re22 sponsible for, complicit in, or having directly or indirectly 

23 engaged in forced sterilizations, forced abortions, or other 

24 sexual violence targeting any individual in the Xinjiang 

25 Uyghur Autonomous Region as having committed gross 


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1 violations of internationally recognized human rights for 

2 purposes of imposing the sanctions detailed in the Global 

3 Magnitsky Human Rights Accountability Act (22 U.S.C. 

4 2656 note). 

5 (b) DENIAL OF ENTRY FOR FOREIGN NATIONALS

6 ENGAGED IN ESTABLISHMENT OR ENFORCEMENT OF

7 FORCED ABORTION OR STERILIZATION POLICY.—Section 

8 801 of the Admiral James W. Nance and Meg Donovan 

9 Foreign Relations Authorization Act, Fiscal Years 2000 

10 and 2001 (Public Law 106–113; 8 U.S.C. 1182e) is 

11 amended— 

12 (1) in subsection (b), by striking ‘‘minister.’’ 

13 and inserting minister, unless— 

14 ‘‘(1) the Secretary of State makes a public de15 termination that the forced sterilizations, forced 

16 abortions, or other coercive population control poli17 cies were being committed or enforced with the in18 tent to destroy, in whole or in part, a national, eth19 nic, racial or religious group and therefore constitute 

20 genocide or crimes against humanity; or 

21 ‘‘(2) the Secretary of State finds that such co22 ercive population control policies were targeting 

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1 ally recognized human rights in the People’s Repub2 lic of China.’’; 

3 (2) in subsection (c), by striking ‘‘national in4 terest’’ and inserting ‘‘national security interest’’; 

5 and 

6 (3) by adding at the end the following new sub7 sections: 

8 ‘‘(d) NOTICE.—The Secretary of State shall make a 

9 public announcement each time sanctions are imposed 

10 under this section as a result of a determination or finding 

11 described in subsection (b)(1) or (b)(2), respectively. 

12 ‘‘(e) INFORMATION REQUESTED BY CONGRESS.—The 

13 Secretary of State shall, upon request of a Member of 

14 Congress— 

15 ‘‘(1) provide information about the use of the 

16 sanctions described in this section, including the 

17 number of times imposed, disaggregated by country 

18 and by year; or 

19 ‘‘(2) provide a classified briefing that includes 

20 information about the individuals or entities sanc21 tioned pursuant to this section and any other Act 

22 authorizing sanctions with respect to the conduct of 

23 such individuals or entities.’’. 


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1 SEC. 608. LIMITATIONS ON FUNDS MADE AVAILABLE FOR 

2 THE UNITED NATIONS POPULATION FUND. 

3 Chapter 3 of part I of the Foreign Assistance Act 

4 of 1961 (22 U.S.C. 2221 et seq.) is amended by adding 

5 at the end the following: 

6 ‘‘SEC. 308. LIMITATIONS ON FUNDS MADE AVAILABLE FOR 

7 THE UNITED NATIONS POPULATION FUND. 

8 ‘‘(a) AVAILABILITY OF FUNDS.— 

9 ‘‘(1) IN GENERAL.—Funds made available to 

10 carry out this part for the United Nations Popu11 lation Fund (UNFPA) that are not made available 

12 for UNFPA because of the operation of any provi13 sion of law shall be transferred to the ‘Global Health 

14 Programs’ account and shall be made available for 

15 family planning, maternal, and reproductive health 

16 activities. 

17 ‘‘(2) NOTIFICATION.—The President shall no18 tify the appropriate congressional committees of any 

19 transfer of funds under this subsection not later 

20 than 10 days after the date on which funds are so 

21 transferred. 

22 ‘‘(b) PROHIBITION ON USE OF FUNDS IN CHINA.— 

23 None of the funds made available to carry out this part 

24 may be used by UNFPA for a country program in the 

25 People’s Republic of China. 


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1 ‘‘(c) CONDITIONS ON AVAILABILITY OF FUNDS.— 

2 Funds made available to carry out this part for UNFPA 

3 may not be made available unless— 

4 ‘‘(1) UNFPA maintains funds made available 

5 to carry out this part in an account separate from 

6 other accounts of UNFPA and does not commingle 

7 such funds with other sums; and 

8 ‘‘(2) UNFPA does not fund abortions. 

9 ‘‘(d) REPORT TO CONGRESS AND DOLLAR-FOR-DOL10 LAR WITHHOLDING OF FUNDS.— 

11 ‘‘(1) IN GENERAL.—Not later than 4 months 

12 after the start of each fiscal year, the Secretary of 

13 State shall submit to the appropriate congressional 

14 committees a report indicating the amount of funds 

15 that UNFPA is budgeting for the year in which the 

16 report is submitted for a country program in the 

17 People’s Republic of China. 

18 ‘‘(2) DEDUCTION OF FUNDS.—If a report under 

19 paragraph (1) indicates that UNFPA plans to spend 

20 funds for a country program in the People’s Repub21 lic of China in the year covered by the report, then 

22 an amount of funds equal to the amount of funds 

23 UNFPA plans to spend in the People’s Republic of 

24 China shall be deducted from the funds made avail25 able to UNFPA after March 1 for obligation for the 


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1 remainder of the fiscal year in which the report is 

2 submitted. 

3 ‘‘(e) APPROPRIATE CONGRESSIONAL COMMITTEES

4 DEFINED.—In this section, the term ‘appropriate congres5 sional committees’ means— 

6 ‘‘(1) the Committee on Appropriations and the 

7 Committee on Foreign Affairs of the House of Rep8 resentatives; and 

9 ‘‘(2) the Committee on Appropriations and the 

10 Committee on Foreign Relations of the Senate.’’. 

11 SEC. 609. PROHIBITION ON USE OF FUNDS FOR ABORTIONS 

12 AND INVOLUNTARY STERILIZATIONS. 

13 Section 104(f) of the Foreign Assistance Act of 1961 

14 (22 U.S.C. 2151b(f)) is amended by adding at the end 

15 the following: 

16 ‘‘(4) None of the funds made available to carry 

17 out this Act nor any unobligated balances from prior 

18 appropriations Acts may be made available to any 

19 organization or program which supports or partici20 pates in the management of a program of coercive 

21 abortion or involuntary sterilization.’’. 


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1 SEC. 610. PROHIBITION ON CERTAIN FUNDING RELATING 

2 TO PROVISION OF AN OPEN PLATFORM FOR 

3 CHINA. 

4 (a) FUNDING PROHIBITION.—Notwithstanding any 

5 other provision of law, no funding made available to the 

6 United States Agency for Global Media (USAGM) may 

7 be used to provide an open platform for representatives 

8 of the People’s Republic of China (PRC), members of the 

9 Chinese Communist Party (CCP), or any entity owned or 

10 controlled by the PRC or CCP. 

11 (b) REPORT.—Not later than 180 days after the date 

12 of the enactment of this Act, the USAGM shall submit 

13 to the Committee on Foreign Affairs of the House of Rep14 resentatives and the Committee on Foreign Relations of 

15 the Senate a report describing whether or not any of its 

16 broadcast entities, including its grantee organizations, has 

17 provided at any time during the five-year period imme18 diately preceding such report an open platform for rep19 resentatives of the PRC, members of the CCP, or any enti20 ty owned or controlled by the PRC or CCP. Such report 

21 shall be made available on a publicly available website by 

22 the Federal Government. 


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1 SEC. 611. ESTABLISHMENT OF NEW MANDARIN CHINESE 

2 LANGUAGE PLATFORMS OF THE UNITED 

3 STATES AGENCY FOR GLOBAL MEDIA. 

4 (a) IN GENERAL.—The Chief Executive Officer of the 

5 United States Agency for Global Media (USAGM) shall 

6 establish new platforms in the Mandarin Chinese lan7 guage, including new social media accounts, an internet 

8 website hosting radio channels and video and audio 

9 podcasts, and an interactive website and mobile applica10 tion, for the following purposes: 

11 (1) Exposing the corruption and human rights 

12 abuses of the Chinese Communist Party. 

13 (2) Supporting the right for the people of the 

14 People’s Republic of China to live in democracy. 

15 (3) Explaining the failures of Communism. 

16 (4) Explaining to a Chinese audience the con17 cepts of rule of law, constitutionalism, limited gov18 ernment, separation of powers, democracy, and 

19 human rights. 

20 (5) Highlighting the voices of Chinese civil soci21 ety, democracy activists, and opposition movements 

22 advocating for a free and democratic China. 

23 (b) STRATEGY.—In carrying out subsection (a), the 

24 Chief Executive Officer of USAGM shall develop a strat25 egy for— 


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1 (1) bypassing the firewall and internet censor2 ship of the People’s Republic of China; and 

3 (2) supporting programs for bypassing such 

4 firewall and internet censorship in order to reach the 

5 people of China. 

6 SEC. 612. ANNUAL MEETINGS OF INTERPARLIAMENTARY 

7 GROUP BETWEEN CONGRESS AND LEGISLA8 TURE OF TAIWAN. 

9 (a) MEETINGS.—The Speaker of the House of Rep10 resentatives and the President pro tempore of the Senate 

11 shall each appoint members to serve on an interparliamen12 tary group which will meet annually with representatives 

13 of the Legislative Yuan of Taiwan to discuss areas of mu14 tual interest between the United States and Taiwan, in15 cluding— 

16 (1) deterring military aggression by the Peo17 ple’s Republic of China and countering the malign 

18 influence of the Chinese Communist Party in both 

19 the United States and Taiwan; 

20 (2) strengthening security cooperation between 

21 the United States and Taiwan; and 

22 (3) enhancing bilateral trade between the 

23 United States and Taiwan. 

24 (b) APPOINTMENT OF MEMBERS.— 


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1 (1) HOUSE.—The Speaker of the House of 

2 Representatives shall appoint 6 Members of the 

3 House to serve on the group under this section, 

4 based on recommendations made by the majority 

5 leader and the minority leader of the House, and 

6 shall designate one of the Members as the co-chair 

7 of the group. 

8 (2) SENATE.—The President pro tempore of 

9 the Senate shall appoint 6 Senators to serve on the 

10 group under this section, based on recommendations 

11 made by the majority leader and the minority leader 

12 of the Senate, and shall designate one of the Sen13 ators as the co-chair of the group. 

14 (c) SOURCE OF FUNDING.—Of the amounts obligated 

15 and expended to carry out this section— 

16 (1) 50 percent shall be derived from the appli17 cable accounts of the House of Representatives; and 

18 (2) 50 percent shall be derived form the contin19 gent fund of the Senate. 

20 (d) REPEAL OF EXISTING INTERPARLIAMENTARY

21 GROUP BETWEEN SENATE AND PEOPLE’S REPUBLIC OF

22 CHINA.—Section 153 of the Miscellaneous Appropriations 

23 and Offsets Act, 2004 (22 U.S.C. 276n) is hereby re24 pealed. 


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1 SEC. 613. PROHIBITION ON IMPORTATION OF GOODS MADE 

2 IN THE XINJIANG UYGHUR AUTONOMOUS RE3 GION. 

4 (a) IN GENERAL.—Except as provided in subsection 

5 (b), all goods, wares, articles, and merchandise mined, 

6 produced, or manufactured wholly or in part in the 

7 Xinjiang Uyghur Autonomous Region of China, or by per8 sons working with the Xinjiang Uyghur Autonomous Re9 gion government for purposes of the ‘‘poverty alleviation’’ 

10 program or the ‘‘pairing-assistance’’ program which sub11 sidizes the establishment of manufacturing facilities in the 

12 Xinjiang Uyghur Autonomous Region, shall be deemed to 

13 be goods, wares, articles, and merchandise described in 

14 section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) 

15 and shall not be entitled to entry at any of the ports of 

16 the United States. 

17 (b) EXCEPTION.—The prohibition described in sub18 section (a) shall not apply if the Commissioner of U.S. 

19 Customs and Border Protection— 

20 (1) determines, by clear and convincing evi21 dence, that any specific goods, wares, articles, or 

22 merchandise described in subsection (a) were not 

23 produced wholly or in part by convict labor, forced 

24 labor, or indentured labor under penal sanctions; 

25 and 


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1 (2) submits to the appropriate congressional 

2 committees and makes available to the public a re3 port that contains such determination. 

4 (c) EFFECTIVE DATE.—This section shall take effect 

5 on the date that is 120 days after the date of the enact6 ment of this Act. 

7 SEC. 614. DESIGNATION AND REFERENCES TO TAIWAN REP8 RESENTATIVE OFFICE. 

9 (a) STATEMENT OF POLICY.—It shall be the policy 

10 of the United States, consistent with the Taiwan Relations 

11 Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) and the 

12 Six Assurances— 

13 (1) to provide the people of Taiwan with de 

14 facto diplomatic treatment equivalent to foreign 

15 countries, nations, states, governments, or similar 

16 entities; and 

17 (2) to rename the ‘‘Taipei Economic and Cul18 tural Representative Office’’ in the United States as 

19 the ‘‘Taiwan Representative Office’’. 

20 (b) RENAMING.—The Secretary of State shall seek 

21 to enter into negotiations with the Taipei Economic and 

22 Cultural Representative Office to rename its office in 

23 Washington, DC, the ‘‘Taiwan Representative Office’’. 

24 (c) REFERENCES.—If the negotiations under sub25 section (b) results in the renaming of the Taipei Economic 


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1 and Cultural Representative Office as the Taiwan Rep2 resentative Office, any reference in a law, map, regulation, 

3 document, paper, or other record of the United States 

4 Government to the Taipei Economic and Cultural Rep5 resentative Office shall be deemed to be a reference to the 

6 Taiwan Representative Office, including for all official 

7 purposes of the United States Government, all courts of 

8 the United States, and any proceedings by such Govern9 ment or in such courts. 

10 SEC. 615. DETERRING AMERICA’S TECHNOLOGICAL ADVER11 SARIES. 

12 (a) SHORT TITLE.—This section may be cited as the 

13 ‘‘Deterring America’s Technological Adversaries Act’’ or 

14 the ‘‘DATA Act’’. 

15 (b) FINDINGS.—Congress finds the following: 

16 (1) On December 2, 2022, the Director of the 

17 Federal Bureau of Investigation, Christopher Wray, 

18 stated, ‘‘We . . . do have national security concerns 

19 about the app TikTok. Its parent company is con20 trolled by the Chinese government. And it gives 

21 them the potential to leverage the app in ways that 

22 I think should concern us . . . One, it gives them 

23 the ability to control the recommendation algorithm 

24 which allows them to manipulate content and if they 

25 want to, to use it for influence operations which are 


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1 a lot more worrisome in the hands of the Chinese 

2 Communist Party than whether or not you’re steer3 ing somebody as an influencer to one product or an4 other. They also have the ability to collect data 

5 through it on users which can be used for traditional 

6 espionage operations, for example. They also have 

7 the ability on it to get access, they have essentially 

8 access to the software to devices. So you’re talking 

9 about millions of devices and that gives them the 

10 ability to engage in different kinds of malicious 

11 cyber activity through that. And so all of these 

12 things are in the hands of a government that doesn’t 

13 share our values and that has a mission that’s very 

14 much at odds with what’s in the best interest of the 

15 United States that that should concern us.’’. 

16 (2) On December 3, 2022, the Director of Na17 tional Intelligence, Avril Haines, ‘‘It is extraordinary 

18 the degree to which China, in particular, but they’re 

19 not the only ones, obviously, are developing just 

20 frameworks for collecting foreign data and pulling it 

21 in and their capacity to then turn that around and 

22 use it to target audiences for information campaigns 

23 or for other things, but also to have it for the future 

24 so that they can use it for a variety of means that 

25 they’re interested in.’’. 


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1 (3) On December 16, 2022, the Director of 

2 Central Intelligence, Bill Burns, stated, ‘‘I think it’s 

3 a genuine concern . . . for the U.S. government, in 

4 the sense that, because the parent company of 

5 TikTok is a Chinese company, the Chinese govern6 ment is able to insist upon extracting the private 

7 data of a lot of TikTok users in this country, and 

8 also to shape the content of what goes on to TikTok 

9 as well to suit the interests of the Chinese leadership 

10 . . . What I would underscore, though, is that it’s 

11 genuinely troubling to see what the Chinese govern12 ment could do to manipulate TikTok.’’. 

13 (4) On December 23, 2022, both chambers of 

14 Congress passed a bipartisan spending bill that in15 cluded a ban on using TikTok from Government de16 vices. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—No addi18 tional amounts are authorized to be made available to 

19 carry out this section. 

20 (d) SEVERABILITY.—If any provision of this section 

21 or its application to any person or circumstance is held 

22 invalid, the invalidity does not affect other provisions or 

23 applications of this section that can be given effect without 

24 the invalid provision or application, and to this end the 

25 provisions of this section are severable. 


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1 (e) DEFINITIONS.—In this section: 

2 (1) AGENCY OR INSTRUMENTALITY OF A FOR3 EIGN STATE.—The term ‘‘agency or instrumentality 

4 of a foreign state’’ has the meaning given such term 

5 under section 1603(b) of title 28, United States 

6 Code. 

7 (2) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional com9 mittees’’ means— 

10 (A) the Committee on Foreign Affairs, 

11 Committee on Ways and Means, and the Com12 mittee on Financial Services of the House of 

13 Representatives; and 

14 (B) the Committee on Foreign Relations 

15 and the Committee on Banking, Housing, and 

16 Urban Affairs of the Senate. 

17 (3) CHINA.—The term ‘‘China’’ means— 

18 (A) when used in the geographic sense, the 

19 country of the People’s Republic of China; and 

20 (B) otherwise, the Government of the 

21 country of the People’s Republic of China, in22 cluding any entity acting on behalf of, or the 

23 benefit of— 

24 (i) the country of the People’s Repub25 lic of China; or 


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1 (ii) the Government of the country of 

2 the People’s Republic of China. 

3 (4) CONNECTED SOFTWARE APPLICATION.— 

4 The term ‘‘connected software application’’ has the 

5 meaning given such term in Executive Order 14034 

6 (86 Fed. Reg. 31423; relating to protecting Ameri7 cans’ sensitive data from foreign adversaries). 

8 (5) ELECTION INTERFERENCE IN OR AGAINST A

9 FOREIGN COUNTRY THAT IS A TREATY ALLY OF THE

10 UNITED STATES OR A DEMOCRATIC OR EMERGING

11 DEMOCRATIC PARTNER OF THE UNITED STATES.— 

12 The term ‘‘election interference in or against a for13 eign country that is a treaty ally of the United 

14 States or a democratic or emerging democratic part15 ner of the United States’’ means actions to engage 

16 in, directly or indirectly, activities originating from, 

17 or directed by, persons located, in whole or in sub18 stantial part, outside the territory of a treaty ally of 

19 the United States or a democratic or emerging 

20 democratic partner of the United States that have 

21 the purpose or effect of tampering with, altering, un22 lawfully accessing, or causing a misappropriation of 

23 information with the purpose or effect of interfering 

24 with or undermining election processes or institu25 tions. 


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1 (6) ELECTION INTERFERENCE IN OR AGAINST

2 THE UNITED STATES.—The term ‘‘election inter3 ference in or against the United States’’ includes ac4 tions to engage in, directly or indirectly, activities 

5 originating from, or directed by persons located, in 

6 whole or in substantial part, outside the United 

7 States that— 

8 (A) have the purpose or effect of tam9 pering with, altering, unlawfully accessing, or 

10 causing a misappropriation of information with 

11 the purpose or effect of undermining election 

12 processes or institutions; 

13 (B) deny access, block, degrade, or alter 

14 election and campaign infrastructure, or related 

15 systems or data related to political parties, can16 didates in elections for public office, the admin17 istration of elections for public office, or any 

18 public election activity; or 

19 (C) consist of the making of contributions 

20 or donations, or any other activity prohibited 

21 under section 319 of the Federal Election Cam22 paign Act of 1971 (52 U.S.C. 30121), with the 

23 purpose or effect of undermining election proc24 esses or institutions. 


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1 (7) FOREIGN PERSON.—The term ‘‘foreign per2 son’’— 

3 (A) means a person that is not a United 

4 States person; and 

5 (B) includes a nonresident alien individual, 

6 foreign corporation, foreign partnership, foreign 

7 trust, or foreign estate. 

8 (8) KNOWINGLY.—The term ‘‘knowingly’’, with 

9 respect to conduct, a circumstance, or a result, 

10 means that a person has actual knowledge, or should 

11 have known, of the conduct, the circumstance, or the 

12 result. 

13 (9) SENSITIVE PERSONAL DATA.—The term 

14 ‘‘sensitive personal data’’ has the meaning given 

15 such term in section 7.2 of title 15, Code of Federal 

16 Regulations (or any successor regulation). 

17 (10) TREATY ALLY OF THE UNITED STATES.— 

18 The term ‘‘treaty ally of the United States’’ means 

19 a foreign country that is a party to any of the fol20 lowing: 

21 (A) The North Atlantic Treaty, signed at 

22 Washington, April 4, 1949. 

23 (B) The Security Treaty Between Aus24 tralia, New Zealand, and the United States of 


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1 America, signed at San Francisco, September 

2 1, 1951. 

3 (C) The Mutual Defense Treaty Between 

4 the United States of America and the Republic 

5 of the Philippines, signed at Washington, Au6 gust 30, 1951. 

7 (D) The Southeast Asia Collective Defense 

8 Treaty, signed at Manila, September 8, 1954. 

9 (E) The Treaty of Mutual Cooperation and 

10 Security Between the United States of America 

11 and Japan, signed at Washington, January 19, 

12 1960. 

13 (F) The Mutual Defense Treaty Between 

14 the United States of America and the Republic 

15 of Korea, signed at Washington, October 1, 

16 1953. 

17 (11) UNITED STATES PERSON.—The term 

18 ‘‘United States person’’ means— 

19 (A) a United States citizen; 

20 (B) a permanent resident alien; 

21 (C) an entity organized under the laws of 

22 the United States (including foreign branches); 

23 or 

24 (D) any person in the United States. 


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1 (f) CLARIFICATION OF NON-APPLICABILITY FOR

2 REGULATION AND PROHIBITION RELATING TO SENSITIVE

3 PERSONAL DATA UNDER INTERNATIONAL EMERGENCY

4 ECONOMIC POWERS ACT.— 

5 (1) CLARIFICATION.— 

6 (A) IN GENERAL.—The importation to a 

7 country, or the exportation from a country, of 

8 sensitive personal data shall not constitute the 

9 importation from a country, or the exportation 

10 to a country, of information or informational 

11 materials for purposes of paragraph (1) or (3) 

12 of section 203(b) of the International Emer13 gency Economic Powers Act (50 U.S.C. 

14 1702(b)). 

15 (B) RULE OF CONSTRUCTION.—Nothing in 

16 paragraph (1), and nothing in the International 

17 Emergency Economic Powers Act, may be con18 strued to provide for the application of para19 graph (1) or (3) of section 203(b) of the Inter20 national Emergency Economic Powers Act (50 

21 U.S.C. 1702(b)) to the importation to China, or 

22 the exportation from China, directly or indi23 rectly, of sensitive personal data. 

24 (2) DIRECTIVE.—Not later than 180 days after 

25 the date of the enactment of this Act, the Secretary 


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1 of the Treasury shall issue a directive prohibiting 

2 United States persons from engaging in any trans3 action with a person that the Secretary of the Treas4 ury determines knowingly provides or may transfer 

5 sensitive personal data of persons subject to United 

6 States jurisdiction to any foreign person that— 

7 (A) is subject to the jurisdiction or direc8 tion of, or directly or indirectly operating on be9 half of, China; or 

10 (B) is owned by, directly or indirectly con11 trolled by, or is otherwise subject to the influ12 ence of China. 

13 (g) IMPOSITION OF SANCTIONS ON CERTAIN TRANS14 ACTIONS RELATING TO CONNECTED SOFTWARE APPLICA15 TIONS.— 

16 (1) IMPOSITION OF SANCTIONS.— 

17 (A) IN GENERAL.—The President shall im18 pose the sanction described in paragraph (2) 

19 with respect to any foreign person that, on or 

20 after the date of the enactment of this Act, 

21 knowingly— 

22 (i) operates, directs, or otherwise 

23 deals in a connected software application 

24 that— 


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1 (I) is subject to the jurisdiction 

2 or direction of, or directly or indi3 rectly operating on behalf of China, or 

4 is owned by, directly or indirectly con5 trolled by, or otherwise subject to the 

6 influence of China; and 

7 (II) is reasonably believed to have 

8 facilitated or may be facilitating or 

9 contributing to China’s— 

10 (aa) military, intelligence, 

11 espionage, or weapons prolifera12 tion activities; 

13 (bb) censorship activities; 

14 (cc) surveillance activities; 

15 (dd) control or use of rec16 ommendation algorithms that are 

17 capable of manipulating content; 

18 (ee) malicious cyber activi19 ties; or 

20 (ff) use of data to target au21 diences for information cam22 paigns; 

23 (ii) directly or indirectly orders, con24 trols, directs, engages in, or otherwise faVerDate Sep 11 2014 16:25 May 16, 2024 Jkt 049200 PO 00000 Frm 00329 Fmt 6652 Sfmt 6201 E:\BILLS\H7476.IH H7476

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1 cilitates an act of election interference 

2 against the United States; 

3 (iii) directly or indirectly orders, con4 trols, directs, engages in, or otherwise fa5 cilitates an act of election interference in 

6 or against a foreign country that is— 

7 (I) a treaty ally of the United 

8 States; or 

9 (II) a democratic or emerging 

10 democratic partner of the United 

11 States; 

12 (iv) directly or indirectly orders, con13 trols, directs, engages in, or otherwise fa14 cilitates an act of steering United States 

15 policy and regulatory decisions in favor of 

16 China’s strategic objectives, to the det17 riment of the economic or national security 

18 of the United States; 

19 (v) knowingly facilitates a transaction 

20 or transactions for or on behalf of a person 

21 described, or a person that has engaged in 

22 the activity described, as the case may be, 

23 in clause (i), (ii), (iii), (iv); 

24 (vi) knowingly assists, sponsors, or 

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1 logical support for a person described, or a 

2 person that has engaged in the activity de3 scribed, as the case may be, in clause (i), 

4 (ii), (iii), (iv); 

5 (vii) is owned or controlled by, or has 

6 acted for or on behalf of, directly or indi7 rectly, a person described, or a person that 

8 has engaged in the activity described, as 

9 the case may be, in clause (i), (ii), (iii), 

10 (iv). 

11 (B) LIST OF FOREIGN COUNTRIES THAT

12 ARE DEMOCRATIC OR EMERGING DEMOCRATIC

13 PARTNERS OF THE UNITED STATES.— 

14 (i) IN GENERAL.—Not later than 90 

15 days after the date of the enactment of 

16 this Act, the President shall submit to the 

17 appropriate congressional committees— 

18 (I) a definition of the term 

19 ‘‘democratic or emerging democratic 

20 partner of the United States’’; and 

21 (II) a list of foreign countries 

22 that are designated as a democratic or 

23 emerging democratic partner of the 

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1 paragraph (A)(iii) that includes the 

2 countries listed in clause (ii). 

3 (ii) INITIAL DESIGNATIONS.—Sweden, 

4 Switzerland, Israel, India, and Taiwan 

5 shall be deemed to have been so designated 

6 as a democratic or emerging democratic 

7 partner of the United States for purposes 

8 of subparagraph (A)(iii). 

9 (iii) UPDATES.—The President shall 

10 submit to the appropriate congressional 

11 committees an updated list under sub12 clause (I) on a periodic basis. 

13 (2) SANCTION DESCRIBED.— 

14 (A) IN GENERAL.—The sanction described 

15 in this paragraph is the exercise of all powers 

16 granted to the President by the International 

17 Emergency Economic Powers Act (50 U.S.C. 

18 1701 et seq.) (except that the requirements of 

19 section 202 of such Act (50 U.S.C. 1701) shall 

20 not apply) to the extent necessary to block and 

21 prohibit all transactions in all property and in22 terests in property of any foreign person or an 

23 agency or instrumentality of a foreign state, as 

24 the case may be, if such property and interests 

25 in property are in the United States, come 


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1 within the United States, or are or come within 

2 the possession or control of a United States 

3 person. 

4 (B) IMPLEMENTATION.—The President 

5 may exercise all authorities provided under sec6 tions 203 and 205 of the International Emer7 gency Economic Powers Act (50 U.S.C. 1702 

8 and 1704) to carry out this section. 

9 (C) REGULATIONS.— 

10 (i) IN GENERAL.—The President shall 

11 prescribe such regulations as may be nec12 essary for the implementation of this sec13 tion. 

14 (ii) PRIOR BRIEFING REQUIRED.—Not 

15 later than 10 days before the prescription 

16 of regulations under clause (i), the Presi17 dent shall brief the appropriate congres18 sional committees regarding the proposed 

19 regulations and the provisions of this sec20 tion that such regulations are imple21 menting. 

22 (D) PENALTIES.—A person that violates, 

23 attempts to violate, or causes a violation of any 

24 sanction authorized by this section, or any reg25 ulation, license, or order issued to carry out 


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1 such sanctions, shall be subject to the penalties 

2 set forth in subsections (b) and (c) of section 

3 206 of the International Emergency Economic 

4 Powers Act (50 U.S.C. 1705) to the same ex5 tent as a person that commits an unlawful act 

6 described in subsection (a) of that section. 

7 (E) EXCEPTIONS.—The following activities 

8 shall not be subject to the imposition of sanc9 tions under this section: 

10 (i) Any authorized intelligence, law 

11 enforcement, or national security activities 

12 of the United States. 

13 (ii) Any transaction necessary to com14 ply with United States obligations under 

15 the Agreement between the United Nations 

16 and the United States of America regard17 ing the Headquarters of the United States, 

18 signed at Lake Success June 26, 1947, 

19 and entered into force November 21, 1947, 

20 or the Convention on Consular Relations, 

21 done at Vienna April 24, 1963, and en22 tered into force March 19, 1967, or any 

23 other United States international agree24 ment. 


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1 (F) WAIVER.—The President may, on a 

2 case-by-case basis and for periods not to exceed 

3 180 days each, waive the application of sanc4 tions imposed with respect to a foreign person 

5 under this section if the President certifies to 

6 the appropriate congressional committees, not 

7 later than 15 days before such waiver is to take 

8 effect, that the waiver is vital to the national 

9 security interests of the United States. 

10 (3) SUNSET.—This section, and the authorities 

11 provided by this section, shall terminate on the date 

12 that is 5 years after the date of the enactment of 

13 this Act. 

14 (h) SPECIFIC DETERMINATIONS WITH RESPECT TO

15 THE IMPOSITION OF SANCTIONS.— 

16 (1) DETERMINATION RELATING TO

17 BYTEDANCE, LTD., TIKTOK, AND RELATED ENTI18 TIES.— 

19 (A) IN GENERAL.—Not later than 90 days 

20 after the date of the enactment of this Act, and 

21 every 180 days thereafter for 3 years, the 

22 President shall transmit to the appropriate con23 gressional committees a determination of 

24 whether reasonable grounds exist for concluding 


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1 that any of the entities described in subpara2 graph (B)— 

3 (i) meets the criteria described in sub4 paragraph (A) or (B) of subsection (f)(2) 

5 for purposes of applying a directive de6 scribed in such section with respect to the 

7 entity; or 

8 (ii) have engaged in any conduct de9 scribed in subsection (g)(1). 

10 (B) ENTITIES DESCRIBED.—The entities 

11 described in this subsection are— 

12 (i) Bytedance, Ltd.; 

13 (ii) TikTok; 

14 (iii) any subsidiary of or a successor 

15 to an entity described in clause (i) or (ii); 

16 and 

17 (iv) any entity owned or controlled di18 rectly or indirectly by an entity described 

19 in clause (i), (ii), or (iii). 

20 (C) FORM.—The determination described 

21 in subparagraph (A) shall be transmitted in un22 classified form, and any supporting documenta23 tion may be transmitted in a classified annex. 

24 (D) APPLICATION OF SANCTIONS.—If the 

25 President makes an affirmative decision under 


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1 subparagraph (A) with respect to any entity de2 scribed in subparagraph (B), the President 

3 shall impose the sanction described in sub4 section (g)(2) with respect to the entity, as ap5 propriate. 

6 (2) REQUESTS BY APPROPRIATE CONGRES7 SIONAL COMMITTEES.— 

8 (A) IN GENERAL.—Not later than 120 

9 days after receiving a request from the chair10 person or ranking member of one or more of 

11 the appropriate congressional committees with 

12 respect to whether a foreign person meets the 

13 criteria described in subparagraph (A) or of 

14 subsection (f)(2) for purposes of applying a di15 rective described in such section with respect to 

16 the person, or have engaged in any conduct de17 scribed in section 201 for the imposition of the 

18 sanction described in subsection (g)(2), the 

19 President shall— 

20 (i) determine if that person meets the 

21 requirements described in the applicable 

22 section; and 

23 (ii) submit to the chairperson and 

24 ranking member of the committee or com25 mittees a report that includes— 


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1 (I) a statement of whether or not 

2 the President imposed or intends to 

3 impose such sanction with respect to 

4 the person; and 

5 (II) if applicable, a description of 

6 the sanction so imposed or intended to 

7 be imposed. 

8 (B) AVAILABILITY OF INFORMATION.— 

9 (i) IN GENERAL.—Any information 

10 obtained at any time with respect to the 

11 President making a determination with re12 spect to a foreign person under subpara13 graph (A), or under any review of the for14 eign person through other United States 

15 Government national security review proc16 esses, shall be made available to a com17 mittee or subcommittee of Congress of ap18 propriate jurisdiction, upon the request of 

19 the chairman or ranking minority member 

20 of such committee or subcommittee. 

21 (ii) PROHIBITION ON DISCLOSURE.— 

22 No such committee or subcommittee, or 

23 member thereof, may disclose any informa24 tion made available under clause (i), that 

25 is submitted on a confidential basis unless 


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1 the full committee determines that the 

2 withholding of that information is contrary 

3 to the national interest. 

4 (C) FORM.—Each determination described 

5 in subparagraph (A)(i), and each report under 

6 subparagraph (A)(ii), may be submitted in clas7 sified or unclassified form, and any supporting 

8 documentation to such determination or report 

9 may contain a classified annex. 

10 SEC. 616. SANCTIONING SUPPORTERS OF SLAVE LABOR 

11 ACT. 

12 (a) SHORT TITLE.—This section may be cited as the 

13 ‘‘Sanctioning Supporters of Slave Labor Act’’. 

14 (b) IMPOSITION OF ADDITIONAL SANCTIONS RELAT15 ING TO HUMAN RIGHTS ABUSES IN THE XINJIANG

16 UYGHUR AUTONOMOUS REGION.— 

17 (1) IN GENERAL.—Section 6 of the Uyghur 

18 Human Rights Policy Act of 2020 (Public Law 116– 

19 145; 22 U.S.C. 6901 note) is amended— 

20 (A) in subsection (a)— 

21 (i) by redesignating paragraph (2) as 

22 paragraph (3); and 

23 (ii) by inserting after paragraph (1) 

24 the following: 


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1 ‘‘(2) ADDITIONAL MATTERS TO BE IN2 CLUDED.—The President shall include in the report 

3 required by paragraph (1) an identification of— 

4 ‘‘(A) each foreign person that knowingly 

5 provides significant goods, services, or tech6 nology to or for a person identified in such re7 port; and 

8 ‘‘(B) each foreign person that knowingly 

9 engages in a significant transaction relating to 

10 any of the acts described in subparagraphs (A) 

11 through (F) of paragraph (1).’’; and 

12 (B) in subsection (b), by striking ‘‘sub13 section (a)(1)’’ and inserting ‘‘subsection (a)’’. 

14 (2) EFFECTIVE DATE.—The amendments made 

15 by subsection (a)— 

16 (A) take effect on the date of the enact17 ment of this Act; and 

18 (B) apply with respect to each report re19 quired by section 6(a) of the Uyghur Human 

20 Rights Policy Act of 2020 submitted before, on, 

21 or after such date of enactment. 


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1 SEC. 617. COUNTERING ATROCITIES THROUGH CURRENCY 

2 ACCOUNTABILITY ACT. 

3 (a) SHORT TITLE.—This section may be cited as the 

4 ‘‘Countering Atrocities through Currency Accountability 

5 Act of 2024’’. 

6 (b) FINDINGS.—Congress finds the following: 

7 (1) The United States dollar composes nearly 

8 two-thirds of the world’s currency reserves, with 

9 more than one trillion dollars being owned by the 

10 Government of China as of October 2020. 

11 (2) It is the policy of the United States to ad12 vance freedom and human rights globally, a policy 

13 that is incompatible with egregious human rights 

14 violations, and as such has a responsibility to ensure 

15 that the United States currency market does not 

16 complicitly support perpetrators of these abuses. 

17 (3) In regions of the world where political, gov18 ernmental, or other realities preclude humanitarian 

19 due diligence practices from ensuring the currency 

20 market of the United States is not interwoven with 

21 entities’ egregious human rights violations, addi22 tional measures must be taken to separate the econ23 omy of the United States from these violations, as 

24 well as to apply pressure on relevant actors to up25 hold their humanitarian responsibilities. 


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1 (c) SPECIAL MEASURES FOR JURISDICTIONS, FINAN2 CIAL INSTITUTIONS, OR INTERNATIONAL TRANSACTIONS

3 OF PRIMARY HUMANITARIAN CONCERN.— 

4 (1) IN GENERAL.—Chapter 53 of title 31, 

5 United States Code, is amended by inserting after 

6 section 5318A the following: 

7 ‘‘§ 5318B. Special measures for jurisdictions, financial 

8 institutions, or international transactions 

9 of primary humanitarian concern 

10 ‘‘(a) INTERNATIONAL HUMANITARIAN REQUIRE11 MENTS.— 

12 ‘‘(1) IN GENERAL.—The Secretary of the 

13 Treasury shall require domestic financial institutions 

14 and domestic financial agencies to take 1 or more of 

15 the special measures described in subsection (b) if 

16 the Secretary finds that reasonable grounds exist for 

17 concluding that a jurisdiction outside of the United 

18 States, 1 or more financial institutions operating 

19 outside of the United States, 1 or more classes of 

20 transactions within, or involving, a jurisdiction out21 side of the United States, or 1 or more types of ac22 counts is of primary humanitarian concern, in ac23 cordance with subsection (c). 

24 ‘‘(2) FORM OF REQUIREMENT.—The special 

25 measures described in— 


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1 ‘‘(A) subsection (b) shall be imposed in 

2 such sequence or combination as the Secretary 

3 shall determine; and 

4 ‘‘(B) paragraphs (1) through (5) of sub5 section (b) shall be imposed by regulation, 

6 order, or otherwise as permitted by law. 

7 ‘‘(3) DURATION OF ORDERS; RULEMAKING.— 

8 Any order by which a special measure described in 

9 paragraphs (1) through (5) of subsection (b) is im10 posed— 

11 ‘‘(A) shall be issued together with a notice 

12 of proposed rulemaking relating to the imposi13 tion of such special measure; and 

14 ‘‘(B) may not be terminated unless the 

15 Secretary— 

16 ‘‘(i) certifies to Congress that the ap17 plicable jurisdiction, financial institution, 

18 class of transaction, or type of account is 

19 no longer of primary humanitarian con20 cern; and 

21 ‘‘(ii) not more than 30 days before the 

22 date of such termination, notifies, in writ23 ing, the Committees on Financial Services 

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1 ing, Housing, and Urban Affairs and For2 eign Relations of the Senate of such termi3 nation. 

4 ‘‘(4) NATIONAL SECURITY WAIVER.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 waive the application of any special measure re7 quired by the Secretary under paragraph (1) 

8 with respect to a transaction related to the pro9 duction, manufacture, or commerce related to 

10 rare earth minerals if the Secretary determines 

11 such waiver is necessary on national security 

12 grounds. 

13 ‘‘(B) TIME LIMIT.—A waiver issued under 

14 subparagraph (A) may not be for longer than 

15 one year, but such a waiver may be renewed. 

16 ‘‘(C) WRITTEN JUSTIFICATION.—If the 

17 Secretary issues (or renews) a waiver under this 

18 paragraph, the Secretary shall provide the Com19 mittees on Financial Services and Foreign Af20 fairs of the House of Representatives and the 

21 Committees on Banking, Housing, and Urban 

22 Affairs and Foreign Relations of the Senate 

23 with a written justification for such waiver. 

24 Such justification shall be submitted in unclas25 sified form, but may include a classified annex. 


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1 ‘‘(D) INFORMATION FOR THE PUBLIC.—If 

2 the Secretary issues a waiver under this para3 graph, the Secretary, in consultation with the 

4 Secretary of Commerce and the Secretary of 

5 the Interior, shall provide the following infor6 mation to the public, including on the website 

7 of the Department of the Treasury: 

8 ‘‘(i) Opportunities for public-private 

9 partnerships to increase domestic produc10 tion of rare earth elements and inter11 mediate and finished products containing 

12 rare earth elements, including permanent 

13 magnets. 

14 ‘‘(ii) Information regarding the rela15 tionship between the reason the applicable 

16 jurisdiction, financial institution, class of 

17 transaction, or type of account was found 

18 to be of primary humanitarian concern and 

19 the production, manufacture, or commerce 

20 related to rare earth minerals. 

21 ‘‘(5) NO LIMITATION ON OTHER AUTHORITY.— 

22 This section shall not be construed as superseding or 

23 otherwise restricting any other authority granted to 

24 the Secretary, or to any other agency, by this sub25 chapter or otherwise. 


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1 ‘‘(b) SPECIAL MEASURES.—The special measures re2 ferred to in subsection (a), with respect to a jurisdiction 

3 outside of the United States, financial institution oper4 ating outside of the United States, class of transaction 

5 within, or involving, a jurisdiction outside of the United 

6 States, or 1 or more types of accounts are as follows: 

7 ‘‘(1) RECORDKEEPING AND REPORTING OF

8 CERTAIN FINANCIAL TRANSACTIONS.— 

9 ‘‘(A) IN GENERAL.—The Secretary of the 

10 Treasury may require any domestic financial in11 stitution or domestic financial agency to main12 tain records, file reports, or both, concerning 

13 the aggregate amount of transactions, or con14 cerning each transaction, with respect to a ju15 risdiction outside of the United States, 1 or 

16 more financial institutions operating outside of 

17 the United States, 1 or more classes of trans18 actions within, or involving, a jurisdiction out19 side of the United States, or 1 or more types 

20 of accounts if the Secretary finds any such ju21 risdiction, institution, class of transactions, or 

22 type of account to be of primary humanitarian 

23 concern. 

24 ‘‘(B) FORM OF RECORDS AND REPORTS.— 

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1 tained at such time, in such manner, and for 

2 such period of time, as the Secretary shall de3 termine, and shall include such information as 

4 the Secretary may determine, including— 

5 ‘‘(i) the identity and address of the 

6 participants in a transaction or relation7 ship, including the identity of the origi8 nator of any funds transfer; 

9 ‘‘(ii) the legal capacity in which a par10 ticipant in any transaction is acting; 

11 ‘‘(iii) the identity of the beneficial 

12 owner of the funds involved in any trans13 action, in accordance with such procedures 

14 as the Secretary determines to be reason15 able and practicable to obtain and retain 

16 the information; and 

17 ‘‘(iv) a description of any transaction. 

18 ‘‘(2) INFORMATION RELATING TO BENEFICIAL

19 OWNERSHIP.—In addition to any other requirement 

20 under any other provision of law, the Secretary shall 

21 require any domestic financial institution or domes22 tic financial agency to take such steps as the Sec23 retary may determine to be reasonable and prac24 ticable to obtain and retain information concerning 

25 the beneficial ownership of any account opened or 


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1 maintained in the United States by a foreign person, 

2 or a representative of such a foreign person, that in3 volves a jurisdiction outside of the United States, 1 

4 or more financial institutions operating outside of 

5 the United States, 1 or more classes of transactions 

6 within, or involving, a jurisdiction outside of the 

7 United States, or 1 or more types of accounts if the 

8 Secretary finds any such jurisdiction, institution, or 

9 transaction or type of account to be of primary hu10 manitarian concern. 

11 ‘‘(3) INFORMATION RELATING TO CERTAIN PAY12 ABLE-THROUGH ACCOUNTS.—If the Secretary finds 

13 a jurisdiction outside of the United States, 1 or 

14 more financial institutions operating outside of the 

15 United States, or 1 or more classes of transactions 

16 within, or involving, a jurisdiction outside of the 

17 United States to be of primary humanitarian con18 cern, the Secretary shall require any domestic finan19 cial institution or domestic financial agency that 

20 opens or maintains a payable-through account in the 

21 United States for a foreign financial institution in22 volving any such jurisdiction or any such financial 

23 institution operating outside of the United States, or 

24 a payable through account through which any such 


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1 transaction may be conducted, as a condition of 

2 opening or maintaining such account— 

3 ‘‘(A) to identify each customer (and rep4 resentative of such customer) of such financial 

5 institution who is permitted to use, or whose 

6 transactions are routed through, such payable7 through account; and 

8 ‘‘(B) to obtain, with respect to each such 

9 customer (and each such representative), infor10 mation that is substantially comparable to that 

11 which the depository institution obtains in the 

12 ordinary course of business with respect to its 

13 customers residing in the United States. 

14 ‘‘(4) INFORMATION RELATING TO CERTAIN COR15 RESPONDENT ACCOUNTS.—If the Secretary finds a 

16 jurisdiction outside of the United States, 1 or more 

17 financial institutions operating outside of the United 

18 States, or 1 or more classes of transactions within, 

19 or involving, a jurisdiction outside of the United 

20 States to be of primary humanitarian concern, the 

21 Secretary shall require any domestic financial insti22 tution or domestic financial agency that opens or 

23 maintains a correspondent account in the United 

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1 tion operating outside of the United States, or a cor2 respondent account through which any such trans3 action may be conducted, as a condition of opening 

4 or maintaining such account— 

5 ‘‘(A) to identify each customer (and rep6 resentative of such customer) of any such finan7 cial institution who is permitted to use, or 

8 whose transactions are routed through, such 

9 correspondent account; and 

10 ‘‘(B) to obtain, with respect to each such 

11 customer (and each such representative), infor12 mation that is substantially comparable to that 

13 which the depository institution obtains in the 

14 ordinary course of business with respect to its 

15 customers residing in the United States. 

16 ‘‘(5) PROHIBITIONS OR CONDITIONS ON OPEN17 ING OR MAINTAINING CERTAIN CORRESPONDENT OR

18 PAYABLE-THROUGH ACCOUNTS.—If the Secretary 

19 finds a jurisdiction outside of the United States, 1 

20 or more financial institutions operating outside of 

21 the United States, or 1 or more classes of trans22 actions within, or involving, a jurisdiction outside of 

23 the United States to be of primary humanitarian 

24 concern, the Secretary, in consultation with the Sec25 retary of State, the Attorney General, and the 


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1 Chairman of the Board of Governors of the Federal 

2 Reserve System, shall prohibit, or impose conditions 

3 upon, the opening or maintaining in the United 

4 States of a correspondent account or payable5 through account by any domestic financial institu6 tion or domestic financial agency, if such cor7 respondent account or payable-through account in8 volves any such jurisdiction or institution, or if any 

9 such transaction may be conducted through such 

10 correspondent account or payable-through account. 

11 ‘‘(c) CONSULTATIONS AND INFORMATION TO BE

12 CONSIDERED IN FINDING JURISDICTIONS, INSTITUTIONS, 

13 TYPES OF ACCOUNTS, OR TRANSACTIONS TO BE OF PRI14 MARY HUMANITARIAN CONCERN.— 

15 ‘‘(1) IN GENERAL.—In making a finding that 

16 reasonable grounds exist for concluding that a juris17 diction outside of the United States, 1 or more fi18 nancial institutions operating outside of the United 

19 States, 1 or more classes of transactions within, or 

20 involving, a jurisdiction outside of the United States, 

21 or 1 or more types of accounts is of primary human22 itarian concern so as to authorize the Secretary of 

23 the Treasury to take 1 or more of the special meas24 ures described in subsection (b), the Secretary shall 


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1 consult with the Secretary of State, the Attorney 

2 General, and the Secretary of Commerce. 

3 ‘‘(2) ADDITIONAL CONSIDERATIONS.—In mak4 ing a finding described in paragraph (1), the Sec5 retary shall consider in addition such information as 

6 the Secretary determines to be relevant, including 

7 the following potentially relevant factors: 

8 ‘‘(A) JURISDICTIONAL FACTORS.—In the 

9 case of a particular jurisdiction— 

10 ‘‘(i) covered human rights violations 

11 have been or are being committed by an in12 dividual, group of individuals, corporation, 

13 organization, government, or other state or 

14 non-state actor, and that they have trans15 acted business in that jurisdiction; 

16 ‘‘(ii) the extent to which covered 

17 human rights violations in that jurisdiction 

18 enable, support, or are connected to trans19 acted business therein; 

20 ‘‘(iii) the substance and quality of ad21 ministration of the human rights laws of 

22 that jurisdiction pertaining to covered 

23 human rights violations; 

24 ‘‘(iv) the jurisdiction is characterized 

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1 tions by credible international organiza2 tions or multilateral expert groups; 

3 ‘‘(v) the jurisdiction is characterized 

4 by a disregard for human rights; or 

5 ‘‘(vi) whether the United States has 

6 issued or maintained formal genocide or 

7 crimes against humanity determinations 

8 covering that jurisdiction within the pre9 vious 5 years. 

10 ‘‘(B) INSTITUTIONAL FACTORS.—In the 

11 case of a decision to apply 1 or more of the spe12 cial measures described in subsection (b) only 

13 to a financial institution or institutions, or to a 

14 transaction or class of transactions, or to a type 

15 of account, or to all 3, within or involving a 

16 particular jurisdiction— 

17 ‘‘(i) such financial institutions, classes 

18 of transactions, or types of accounts are 

19 used to facilitate or promote covered 

20 human rights violations in or through the 

21 jurisdiction; and 

22 ‘‘(ii) whether such action is sufficient 

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1 poses of this subchapter continue to be ful2 filled, and to guard against covered human 

3 rights violations. 

4 ‘‘(d) NOTIFICATION OF SPECIAL MEASURES IN5 VOKED BY THE SECRETARY.—Not later than 10 days 

6 after the date of any action taken by the Secretary of the 

7 Treasury under subsection (a)(1), the Secretary shall no8 tify, in writing, the Committee on Financial Services of 

9 the House of Representatives, the Committee on Foreign 

10 Affairs of the House of Representatives, the Committee 

11 on Banking, Housing, and Urban Affairs of the Senate, 

12 and the Committee on Foreign Relations of the Senate 

13 of any such action. 

14 ‘‘(e) DUE DILIGENCE FOR UNITED STATES PRIVATE

15 BANKING AND CORRESPONDENT BANK ACCOUNTS IN16 VOLVING FOREIGN PERSONS.— 

17 ‘‘(1) IN GENERAL.—Each financial institution 

18 that establishes, maintains, administers, or manages 

19 a private banking account or a correspondent ac20 count in the United States for a non-United States 

21 person, including a foreign individual visiting the 

22 United States, or a representative of a non-United 

23 States person shall establish appropriate, specific, 

24 and, where necessary, enhanced, due diligence poli25 cies, procedures, and controls that are reasonably 


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1 designed to detect and report instances of covered 

2 human rights violations through those accounts. 

3 ‘‘(2) ADDITIONAL STANDARDS FOR CERTAIN

4 CORRESPONDENT ACCOUNTS.— 

5 ‘‘(A) IN GENERAL.—Subparagraph (B) 

6 shall apply if a correspondent account is re7 quested or maintained by, or on behalf of, a 

8 foreign bank operating— 

9 ‘‘(i) under an offshore banking li10 cense; or 

11 ‘‘(ii) under a banking license issued 

12 by a foreign country that has been des13 ignated— 

14 ‘‘(I) as noncooperative with inter15 national human rights principles or 

16 procedures by the United States or an 

17 intergovernmental group or organiza18 tion of which the United States is a 

19 member, with which designation the 

20 United States representative to the 

21 group or organization concurs; or 

22 ‘‘(II) by the Secretary as war23 ranting special measures due to con24 cerns with covered human rights vio25 lations. 


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1 ‘‘(B) POLICIES, PROCEDURES, AND CON2 TROLS.—The enhanced due diligence policies, 

3 procedures, and controls required under para4 graph (1) shall, at a minimum, ensure that the 

5 financial institution in the United States takes 

6 reasonable steps— 

7 ‘‘(i) to ascertain for any such foreign 

8 bank, the shares of which are not publicly 

9 traded, the identity of each of the owners 

10 of the foreign bank, and the nature and 

11 extent of the ownership interest of each 

12 such owner; 

13 ‘‘(ii) to conduct enhanced scrutiny of 

14 such account to ensure the account is not 

15 associated with covered human rights vio16 lations and report any suspicious trans17 actions under section 5318(g); and 

18 ‘‘(iii) to ascertain whether such for19 eign bank provides correspondent accounts 

20 to other foreign banks and, if so, the iden21 tity of those foreign banks and related due 

22 diligence information, as appropriate under 

23 paragraph (1). 

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1 quested or maintained by, or on behalf of, a non2 United States person, then the due diligence policies, 

3 procedures, and controls required under paragraph 

4 (1) shall, at a minimum, ensure that the financial 

5 institution takes reasonable steps— 

6 ‘‘(A) to ascertain the identity of the nomi7 nal and beneficial owners of, and the source of 

8 funds deposited into, such account as needed to 

9 guard against supporting covered human rights 

10 violations and report any suspicious trans11 actions under section 5318(g); and 

12 ‘‘(B) to conduct enhanced scrutiny of any 

13 such account that is requested or maintained 

14 by, or on behalf of, a senior foreign political fig15 ure, or any immediate family member or close 

16 associate of a senior foreign political figure, 

17 that is reasonably designed to detect and report 

18 transactions that may involve the proceeds of 

19 covered human rights violations. 

20 ‘‘(4) DEFINITIONS.—In this subsection: 

21 ‘‘(A) OFFSHORE BANKING LICENSE.—The 

22 term ‘offshore banking license’ means a license 

23 to conduct banking activities which, as a condi24 tion of the license, prohibits the licensed entity 

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1 zens of, or with the local currency of, the coun2 try which issued the license. 

3 ‘‘(B) PRIVATE BANKING ACCOUNT.—The 

4 term ‘private banking account’ means an ac5 count (or any combination of accounts) that— 

6 ‘‘(i) requires a minimum aggregate 

7 deposit of funds or other assets of not less 

8 than $500,000; 

9 ‘‘(ii) is established on behalf of 1 or 

10 more individuals who have a direct or ben11 eficial ownership interest in the account; 

12 and 

13 ‘‘(iii) is assigned to, or is administered 

14 or managed by, in whole or in part, an of15 ficer, employee, or agent of a financial in16 stitution acting as a liaison between the fi17 nancial institution and the direct or bene18 ficial owner of the account. 

19 ‘‘(f) DEFINITIONS.—In this section: 

20 ‘‘(1) COVERED HUMAN RIGHTS VIOLATION.— 

21 The term ‘covered human rights violation’ means— 

22 ‘‘(A) an offense described under chapter 

23 50A of title 18, United States Code; and 

24 ‘‘(B) crimes against humanity. 


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1 ‘‘(2) XINJIANG.—The term ‘Xinjiang’ means 

2 the Xinjiang Uyghur Autonomous Region, People’s 

3 Republic of China. 

4 ‘‘(3) OTHER DEFINITIONS.—The definitions 

5 under section 5318A(e) shall apply to this section.’’. 

6 (2) CLERICAL AMENDMENT.—The table of con7 tents for chapter 53 of title 31, United States Code, 

8 is amended by inserting after the item relating to 

9 section 5318A the following: 

‘‘5318B. Special measures for jurisdictions, financial institutions, or international transactions of primary humanitarian concern.’’. 

10 (d) ASSESSING XINJIANG AS A JURISDICTION OF

11 PRIMARY HUMANITARIAN CONCERN.— 

12 (1) DETERMINATION.—Not later than 180 days 

13 after the date of enactment of this Act, the Sec14 retary of the Treasury, in consultation with the Sec15 retary of State and the Secretary of Commerce, shall 

16 determine whether reasonable grounds exist to deter17 mine that Xinjiang Uyghur Autonomous Region, 

18 People’s Republic of China, is a jurisdiction of pri19 mary humanitarian concern under section 5318B of 

20 title 31, United States Code. 

21 (2) REPORT.—As soon as practicable after the 

22 determination required under paragraph (1), the 

23 Secretary of the Treasury shall issue a report to the 

24 Congress containing the following: 


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1 (A) Whether the Secretary determines that 

2 reasonable grounds exist to determine that 

3 Xinjiang is a jurisdiction of primary humani4 tarian concern. 

5 (B) If so, which special measures described 

6 under subsection (b) of such section 5318B, if 

7 any, the Secretary of the Treasury shall require 

8 domestic financial institutions and domestic fi9 nancial agencies to take with respect to 

10 Xinjiang. 

11 (C) If not, a detailed explanation of the 

12 Secretary’s reasoning in making such deter13 mination and evidence supporting that deter14 mination. 

15 (3) CLASSIFICATION.—The report submitted 

16 pursuant to paragraph (1) shall be submitted in un17 classified form, but may include a classified annex. 

18 (e) REPORT ON POLYSILICATE PRODUCTION AND

19 TRADE.—Not later than 120 days after the date of enact20 ment of this Act, the Secretary of State shall issue a re21 port to the Congress containing a description of the fol22 lowing: 

23 (1) Polysilicate production in Xinjiang. 

24 (2) The use of forced labor in polysilicate pro25 duction and trade. 


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1 (3) The role of the Chinese Government and its 

2 affiliated actors, including the Xinjiang Production 

3 and Construction Corps, in polysilicate production 

4 and trade. 

5 (4) The impacts of Chinese polysilicate produc6 tion on international markets and ethical implica7 tions thereof. 

8 TITLE VII—MATTERS RELATED 

9 TO DEFENSE 

10 SEC. 701. MODIFICATION TO USE OF EMERGENCY SANC11 TIONS AUTHORITIES REGARDING COM12 MUNIST CHINESE MILITARY COMPANIES. 

13 (a) IN GENERAL.—Section 1237(a)(1) of the Strom 

14 Thurmond National Defense Authorization Act for Fiscal 

15 Year 1999 (50 U.S.C. 1701 note) is amended— 

16 (1) by striking ‘‘may exercise’’ and inserting 

17 ‘‘shall exercise’’; 

18 (2) by striking clause (ii); 

19 (3) in the matter preceding clause (i), by strik20 ing ‘‘that—’’ and inserting ‘‘that is engaged in pro21 viding commercial services, manufacturing, pro22 ducing, or exporting and—’’; 

23 (4) in clause (i), by striking ‘‘; and’’ and insert24 ing ‘‘; or’’; and 


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1 (5) by adding at the end the following new 

2 clause: 

3 ‘‘(ii)(I) is owned or controlled by, or 

4 affiliated with, the Chinese Communist 

5 Party or any person who has ever been a 

6 delegate of a National People’s Congress of 

7 the Chinese Communist Party; and 

8 ‘‘(II) is engaged in significant invest9 ment in the sectors of fifth-generation 

10 wireless communications, artificial intel11 ligence, advanced computing, ‘big data’ 

12 analytics, autonomy, robotics, directed en13 ergy, hypersonics, or biotechnology.’’. 

14 (b) EXTENSION OF LIST REQUIREMENT.—Notwith15 standing section 1061(i)(6) of the National Defense Au16 thorization Act for Fiscal Year 2017 (10 U.S.C. 111 

17 note), the submission required by subsection (b) of section 

18 1237 of the Strom Thurmond National Defense Author19 ization Act for Fiscal Year 1999— 

20 (1) shall not terminate on December 31, 2021; 

21 and 

22 (2) shall continue in effect until December 31, 

23 2026. 


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1 SEC. 702. PROHIBITION ON USE OF FUNDS TO PURCHASE 

2 GOODS OR SERVICES FROM COMMUNIST CHI3 NESE MILITARY COMPANIES. 

4 (a) IN GENERAL.—None of the funds authorized to 

5 be appropriated or otherwise made available for fiscal year 

6 2020 and available for obligation as of the date of the 

7 enactment of this Act, or authorized to be appropriated 

8 or otherwise made available for fiscal year 2021 or any 

9 fiscal year thereafter, may be obligated or expended to 

10 purchase goods or services from a person on the list re11 quired by section 1237(b) of the Strom Thurmond Na12 tional Defense Authorization Act for Fiscal Year 1999 

13 (Public Law 105–261; 50 U.S.C. 1701 note). 

14 (b) APPLICATION TO PRIVATE ENTITIES AND STATE

15 AND LOCAL GOVERNMENTS.— 

16 (1) IN GENERAL.—The prohibition under sub17 section (a) includes a prohibition on the obligation 

18 or expenditure of funds described in that subsection 

19 for the purchase of goods or services from persons 

20 described in that subsection by a private entity or a 

21 State or local government that received such funds 

22 through a grant or any other means. 

23 (2) CERTIFICATION REQUIRED TO RECEIVE FU24 TURE FUNDS.— 

25 (A) IN GENERAL.—On and after the date 

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1 ecutive agency shall ensure that funds described 

2 in subsection (a) are not provided to a private 

3 entity or a State or local government unless the 

4 entity or government certifies that the entity or 

5 government, as the case may be, is not pur6 chasing goods or services from a person de7 scribed in subsection (a). 

8 (B) REVIEW.—The head of an executive 

9 agency shall conduct a review of the use of 

10 funds described in subsection (a) that are pro11 vided to a private entity or a State or local gov12 ernment to ensure compliance with the require13 ments of subparagraph (A). 

14 (c) EXECUTIVE AGENCY DEFINED.—In this section, 

15 the term ‘‘executive agency’’ has the meaning given that 

16 term in section 133 of title 41, United States Code. 

17 SEC. 703. ENACTMENT OF EXECUTIVE ORDER 13959. 

18 (a) IN GENERAL.—The provisions of Executive Order 

19 13959 (85 Fed. Reg. 73185; relating to addressing the 

20 threat from securities investments that finance Com21 munist Chinese military companies (November 12, 2020)), 

22 as in effect on January 14, 2021, are enacted into law. 

23 (b) PUBLICATION.—In publishing this Act in slip 

24 form and in the United States Statutes at Large pursuant 

25 to section 112 of title 1, United States Code, the Archivist 


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1 of the United States shall include after the date of ap2 proval at the end an appendix setting forth the text of 

3 the Executive order referred to in subsection (a), as in 

4 effect on January 14, 2021. 

5 SEC. 704. INCLUSION OF CERTAIN CHINESE ENTITIES ON 

6 THE ANNEX TO EXECUTIVE ORDER 13959. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of a law, an entity described in subsection (b) shall 

9 be deemed to be included on the Annex to Executive Order 

10 13959, as in effect on January 14, 2021, and enacted into 

11 law by section 1(a) for purposes of carrying out the provi12 sions of such Executive order. 

13 (b) ENTITY DESCRIBED.—An entity described in this 

14 subsection is an entity that— 

15 (1) is organized under the laws of the People’s 

16 Republic of China or otherwise subject to the juris17 diction of the Government of the People’s Republic 

18 of China; and 

19 (2) is included on the list maintained and set 

20 forth in Supplement No. 4 to part 744 of the Export 

21 Administration Regulations. 

22 (c) EXPORT ADMINISTRATION REGULATIONS DE23 FINED.—In this section, the term ‘‘Export Administration 

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1 chapter C of chapter VII of title 15, Code of Federal Reg2 ulations, or successor regulations. 

3 SEC. 705. ARMS EXPORTS TO INDIA. 

4 (a) ELIGIBILITY FOR ARMS EXPORTS.—Section 3 of 

5 the Arms Export Control Act (22 U.S.C. 2753) is amend6 ed— 

7 (1) in subsection (b)(2), by striking ‘‘or the 

8 Government of New Zealand’’ and inserting ‘‘the 

9 Government of New Zealand, or the Government of 

10 India’’; and 

11 (2) in subsection (d), by striking ‘‘or New Zea12 land’’ each place it appears and inserting ‘‘New Zea13 land, or India’’. 

14 (b) SALES FROM STOCKS.—Section 21 of the Arms 

15 Export Control Act (22 U.S.C. 2761) is amended— 

16 (1) in subsection (e)(2)(A), by striking ‘‘or New 

17 Zealand’’ and inserting ‘‘New Zealand, or India’’; 

18 and 

19 (2) in subsection (h), by striking ‘‘or Israel’’ 

20 each place it appears and inserting ‘‘Israel, or 

21 India’’. 

22 (c) REPORTS ON COMMERCIAL AND GOVERNMENTAL

23 MILITARY EXPORTS; CONGRESSIONAL ACTION.—Section 

24 36 of the Arms Export Control Act (22 U.S.C. 2776) is 


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1 amended by striking ‘‘or New Zealand’’ each place it ap2 pears and inserting ‘‘New Zealand, or India’’. 

3 (d) REPORTS TO THE CONGRESS.—Section 62(c)(1) 

4 of the Arms Export Control Act (22 U.S.C. 2796a) is 

5 amended by striking ‘‘or New Zealand’’ and inserting 

6 ‘‘New Zealand, or India’’. 

7 (e) LEGISLATIVE REVIEW.—Section 63(a)(2) of the 

8 Arms Export Control Act (22 U.S.C. 2796b) is amended 

9 by striking ‘‘or New Zealand’’ and inserting ‘‘New Zea10 land, or India’’. 

11 TITLE VIII—MATTERS RELATED 

12 TO THE PROTECTION OF IN13 TELLECTUAL PROPERTY 

14 SEC. 801. IMPOSITION OF SANCTIONS RELATED TO THE 

15 THEFT OF INTELLECTUAL PROPERTY. 

16 (a) IN GENERAL.—The President shall impose the 

17 sanctions described in subsection (b) with respect to each 

18 person described in subsection (c) the President deter19 mines, on or after the date of enactment of this Act, oper20 ates in a sector of China’s economy wherein persons have 

21 engaged in a pattern of significant theft of the intellectual 

22 property of a United States person, or received the intel23 lectual property of a United States person obtained 

24 through a pattern of significant theft. 


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1 (b) SANCTIONS IMPOSED.—The sanctions described 

2 in this subsection are the following: 

3 (1) ASSET BLOCKING.—The exercise of all pow4 ers granted to the President by the International 

5 Emergency Economic Powers Act (50 U.S.C. 1701 

6 et seq.) to the extent necessary to block and prohibit 

7 all transactions in all property and interests in prop8 erty of a person described in subsection (a) if such 

9 property and interests in property are in the United 

10 States, come within the United States, or are or 

11 come within the possession or control of a United 

12 States person. 

13 (2) ALIENS INELIGIBLE FOR VISAS, ADMISSION, 

14 OR PAROLE.— 

15 (A) VISAS, ADMISSION, OR PAROLE.—An 

16 alien described in subsection (a) is— 

17 (i) inadmissible to the United States; 

18 (ii) ineligible to receive a visa or other 

19 documentation to enter the United States; 

20 and 

21 (iii) otherwise ineligible to be admitted 

22 or paroled into the United States or to re23 ceive any other benefit under the Immigra24 tion and Nationality Act (8 U.S.C. 1101 et 

25 seq.). 


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1 (B) CURRENT VISAS REVOKED.— 

2 (i) IN GENERAL.—The issuing con3 sular officer, the Secretary of State, or the 

4 Secretary of Homeland Security (or a des5 ignee of one of such Secretaries) shall, in 

6 accordance with section 221(i) of the Im7 migration and Nationality Act (8 U.S.C. 

8 1201(i)), revoke any visa or other entry 

9 documentation issued to an alien who the 

10 Secretary of State or the Secretary of 

11 Homeland Security (or a designee of one of 

12 such Secretaries) determines is described 

13 in subsection (a), regardless of when the 

14 visa or other documentation is issued. 

15 (ii) EFFECT OF REVOCATION.—A rev16 ocation under clause (i) shall take effect 

17 immediately and shall automatically cancel 

18 any other valid visa or entry documenta19 tion that is in the alien’s possession. 

20 (3) EXCEPTION TO COMPLY WITH UNITED NA21 TIONS HEADQUARTERS AGREEMENT.—The authority 

22 to impose the sanctions described in paragraph 

23 (2)(B) shall not apply to an alien if admitting the 

24 alien into the United States is necessary to permit 

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1 garding the Headquarters of the United Nations, 

2 signed at Lake Success June 26, 1947, and entered 

3 into force November 21, 1947, between the United 

4 Nations and the United States, or other applicable 

5 international obligations. 

6 (c) PERSONS DESCRIBED.—A person described in 

7 this section is one of the following: 

8 (1) An individual who— 

9 (A) is a national of the People’s Republic 

10 of China or acting at the direction of a national 

11 or entity of the People’s Republic of China; and 

12 (B) is not a United States person. 

13 (2) An entity that is— 

14 (A) organized under the laws of the Peo15 ple’s Republic of China or of any jurisdiction 

16 within the People’s Republic of China; 

17 (B) owned or controlled by individuals who 

18 are nationals of the People’s Republic of China; 

19 or 

20 (C) owned or controlled by an entity de21 scribed in subparagraph (A) and is not a 

22 United States person. 

23 (d) PENALTIES; IMPLEMENTATION.— 

24 (1) PENALTIES.—A person that violates, at25 tempts to violate, conspires to violate, or causes a 


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1 violation of subsection (a) or any regulation, license, 

2 or order issued to carry out subsection (a) shall be 

3 subject to the penalties set forth in subsections (b) 

4 and (c) of section 206 of the International Emer5 gency Economic Powers Act (50 U.S.C. 1705) to the 

6 same extent as a person that commits an unlawful 

7 act described in subsection (a) of that section. 

8 (2) IMPLEMENTATION.—The President may ex9 ercise all authorities provided to the President under 

10 sections 203 and 205 of the International Emer11 gency Economic Powers Act (50 U.S.C. 1702 and 

12 1704) for purposes of carrying out this section. 

13 (e) REPORT REQUIRED.— 

14 (1) IN GENERAL.—Not later than 180 days 

15 after the date of the enactment of this Act, the 

16 President shall submit to the Committee on Foreign 

17 Affairs of the House of Representatives and the 

18 Committee on Foreign Relations of the Senate a re19 port that specifies each person the President deter20 mines meets the criteria described in subsection (a) 

21 for the imposition of sanctions. 

22 (2) TERMINATION OF SANCTIONS.—The Presi23 dent may terminate sanctions imposed under sub24 section (a) with respect to a person if the President 

25 certifies to the Committee on Foreign Affairs of the 


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1 House of Representatives and the Committee on 

2 Foreign Relations of the Senate that such person is 

3 no longer engaging in efforts to steal United States 

4 intellectual property. 

5 (f) WAIVER.—The President may waive the imposi6 tion of sanctions under subsection (a) on a case-by-case 

7 basis with respect to a person if the President— 

8 (1) certifies to the Committee on Foreign Af9 fairs and the Committee on the Judiciary of the 

10 House of Representatives and the Committee on 

11 Foreign Relations and the Committee on the Judici12 ary of the Senate that such waiver is in the national 

13 security interests of the United States; and 

14 (2) includes a justification for such certifi15 cation. 

16 (g) DEFINITIONS.—In this Act: 

17 (1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 

18 and ‘‘alien’’ have the meanings given those terms in 

19 section 101 of the Immigration and Nationality Act 

20 (8 U.S.C. 1101). 

21 (2) UNITED STATES PERSON.—The term 

22 ‘‘United States person’’ means— 

23 (A) an individual who is a United States 

24 citizen or an alien lawfully admitted for perma25 nent residence to the United States; or 


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1 (B) an entity organized under the laws of 

2 the United States or of any jurisdiction within 

3 the United States. 

4 SEC. 802. PROHIBITION ON USE OF FUNDS. 

5 None of the funds authorized to be appropriated or 

6 otherwise made available to the United States Trade Rep7 resentative may be used to support, allow, or facilitate the 

8 negotiation or approval of— 

9 (1) the ‘‘Waiver from Certain Provisions of the 

10 TRIPS Agreement for the Prevention, Containment, 

11 and Treatment of COVID–19’’ put forth by India 

12 and South Africa; or 

13 (2) any other measure at the World Trade Or14 ganization to waive intellectual property rights. 

15 SEC. 803. PROHIBITION ON INDIVIDUALS WITH SECURITY 

16 CLEARANCES FROM BEING EMPLOYED BY 

17 CERTAIN ENTITIES. 

18 (a) PROHIBITION.—Section 3002 of the Intelligence 

19 Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 

20 3343) is amended by adding at the end the following new 

21 subsection: 

22 ‘‘(e) PROHIBITION ON CERTAIN EMPLOYMENT.— 

23 ‘‘(1) PROHIBITION.—A covered person may not 

24 be employed by, contract with, or otherwise receive 


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1 funding from, any covered entity during the fol2 lowing periods: 

3 ‘‘(A) A period in which the person holds a 

4 security clearance. 

5 ‘‘(B) The 5-year period beginning on the 

6 date that the security clearance of a person be7 comes inactive. 

8 ‘‘(2) PENALTIES.—Any person who knowingly 

9 violates the prohibition in paragraph (1) shall be 

10 fined under title 18, United States Code, or impris11 oned for not more than 5 years, or both. 

12 ‘‘(3) NOTIFICATION.—A person who holds a se13 curity clearance shall be notified of the prohibition 

14 in paragraph (1), including a list of the covered enti15 ties, as follows: 

16 ‘‘(A) At the time at which the person is 

17 issued the security clearance. 

18 ‘‘(B) At the time at which the security 

19 clearance of the person is renewed. 

20 ‘‘(C) At the time at which the security 

21 clearance of the person becomes inactive. 

22 ‘‘(4) COVERED ENTITY.— 

23 ‘‘(A) DEFINITION.—Subject to subpara24 graph (B), in this subsection, the term ‘covered 

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1 cluding any subsidiary or affiliate of such enti2 ties): 

3 ‘‘(i) Huawei Technologies Company. 

4 ‘‘(ii) ZTE Corporation. 

5 ‘‘(iii) Hytera Communications Cor6 poration. 

7 ‘‘(iv) Hangzhou Hikvision Digital 

8 Technology Company. 

9 ‘‘(v) Dahua Technology Company. 

10 ‘‘(vi) Kaspersky Lab. 

11 ‘‘(B) MODIFICATIONS.—The Director of 

12 National Intelligence, in consultation with the 

13 Secretary of Defense or the Director of the 

14 Federal Bureau of Investigation, may add or 

15 remove entities to the list of covered entities in 

16 subparagraph (A) based on whether the Direc17 tor determines there is reasonable belief that 

18 the entity is owned or controlled by, or other19 wise connected to or receiving financial support 

20 from, the government of the People’s Republic 

21 of China, the government of the Russian Fed22 eration, the government of the Islamic Republic 

23 of Iran, or the government of the Democratic 

24 People’s Republic of Korea.’’. 

25 (b) APPLICATION.— 


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1 (1) IN GENERAL.—Subsection (e) of section 

2 3002 of the Intelligence Reform and Terrorism Pre3 vention Act of 2004 (50 U.S.C. 3343) shall apply 

4 with respect to an individual who is employed by, 

5 contracts with, or otherwise receives funding from, 

6 any covered entity under such subsection on or after 

7 the date of the enactment of this Act. 

8 (2) NOTIFICATION.—Not later than 30 days 

9 after the date of the enactment of this Act, each 

10 person who holds a security clearance as of such 

11 date shall be notified of the prohibition in such sub12 section (e), including a list of the covered entities 

13 under such subsection. 

14 SEC. 804. RESTRICTION ON ISSUANCE OF VISAS. 

15 (a) RESTRICTION.—The Secretary of State may not 

16 issue a visa to, and the Secretary of Homeland Security 

17 shall deny entry to the United States of, each of the fol18 lowing: 

19 (1) Senior officials in the Chinese Communist 

20 Party, including the Politburo, the Central Com21 mittee, and each delegate to the 19th National Con22 gress of the Chinese Communist Party. 

23 (2) The spouses and children of the senior offi24 cials described in paragraph (1). 


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1 (3) Members of the cabinet of the Government 

2 of the People’s Republic of China. 

3 (4) Active duty members of the People’s Libera4 tion Army of China. 

5 (b) APPLICABILITY.—The restriction under sub6 section (a) shall not apply for any year in which the Direc7 tor of National Intelligence certifies to the Committees on 

8 the Judiciary of the House of Representatives and the 

9 Senate that the Government of the People’s Republic of 

10 China has ceased sponsoring, funding, facilitating, and ac11 tively working to support efforts to infringe on the intellec12 tual property rights of citizens and companies of the 

13 United States. 

14 SEC. 805. INTER PARTES REVIEW. 

15 (a) CLAIM CONSTRUCTION.—Section 316(a) of title 

16 35, United States Code, is amended— 

17 (1) in paragraph (9), by inserting after ‘‘sub18 stitute claims,’’ the following: ‘‘including the stand19 ard for how substitute claims should be construed,’’; 

20 (2) in paragraph (12), by striking ‘‘; and’’ and 

21 inserting a semicolon; 

22 (3) in paragraph (13), by striking the period at 

23 the end and inserting ‘‘; and’’; and 

24 (4) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(14) providing that for all purposes under this 

2 chapter— 

3 ‘‘(A) each challenged claim of a patent, or 

4 claim proposed in a motion to amend, shall be 

5 construed as the claim would be construed 

6 under section 282(b) in an action to invalidate 

7 a patent, including by construing each such 

8 claim in accordance with— 

9 ‘‘(i) the ordinary and customary 

10 meaning of the claim as understood by a 

11 person having ordinary skill in the art to 

12 which the claimed invention pertains; and 

13 ‘‘(ii) the prosecution history per14 taining to the patent; and 

15 ‘‘(B) if a court has previously construed a 

16 challenged claim of a patent or a challenged 

17 claim term in a civil action to which the patent 

18 owner was a party, the Office shall consider 

19 that claim construction.’’. 

20 (b) BURDEN OF PROOF.—Section 316(e) of title 35, 

21 United States Code, is amended to read as follows: 

22 ‘‘(e) EVIDENTIARY STANDARDS.— 

23 ‘‘(1) PRESUMPTION OF VALIDITY.—The pre24 sumption of validity under section 282(a) shall apply 


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1 to a previously issued claim that is challenged dur2 ing an inter partes review under this chapter. 

3 ‘‘(2) BURDEN OF PROOF.—In an inter partes 

4 review instituted under this chapter, the petitioner 

5 shall have the burden of proving a proposition of 

6 unpatentability of a previously issued claim by clear 

7 and convincing evidence.’’. 

8 (c) STANDING.—Section 311 of title 35, United 

9 States Code, is amended by adding at the end the fol10 lowing new subsection: 

11 ‘‘(d) PERSONS THAT MAY PETITION.— 

12 ‘‘(1) DEFINITION.—In this subsection, the term 

13 ‘charged with infringement’ means a real and sub14 stantial controversy regarding infringement of a pat15 ent exists such that the petitioner would have stand16 ing to bring a declaratory judgment action in Fed17 eral court. 

18 ‘‘(2) NECESSARY CONDITIONS.—A person may 

19 not file with the Office a petition to institute an 

20 inter partes review of a patent unless the person, or 

21 a real party in interest or privy of the person, has 

22 been— 

23 ‘‘(A) sued for infringement of the patent; 

24 or 


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1 ‘‘(B) charged with infringement under the 

2 patent.’’. 

3 (d) LIMITATION ON REVIEWS.—Section 314(a) of 

4 title 35, United States Code, is amended to read as fol5 lows: 

6 ‘‘(a) THRESHOLD.— 

7 ‘‘(1) LIKELIHOOD OF PREVAILING.—Subject to 

8 paragraph (2), the Director may not authorize an 

9 inter partes review to be instituted unless the Direc10 tor determines that the information presented in the 

11 petition filed under section 311 and any response 

12 filed under section 313 show that there is a reason13 able likelihood that the petitioner would prevail with 

14 respect to at least one of the claims challenged in 

15 the petition. 

16 ‘‘(2) PREVIOUS INSTITUTION.—The Director 

17 may not authorize an inter partes review to be insti18 tuted on a claim challenged in a petition if the Di19 rector has previously instituted an inter partes re20 view or post-grant review with respect to that 

21 claim.’’. 

22 (e) REVIEWABILITY OF INSTITUTION DECISIONS.— 

23 Section 314 of title 35, United States Code, is amended 

24 by striking subsection (d) and inserting the following: 

25 ‘‘(d) NO APPEAL.— 


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1 ‘‘(1) NONAPPEALABLE DETERMINATIONS.— 

2 ‘‘(A) THRESHOLD DETERMINATION.—A 

3 determination by the Director on the reasonable 

4 likelihood that the petitioner will prevail under 

5 subsection (a)(1) shall be final and nonappeal6 able. 

7 ‘‘(B) DENIALS OF INSTITUTION.—A deter8 mination by the Director not to institute an 

9 inter partes review under this section shall be 

10 final and nonappealable. 

11 ‘‘(2) APPEALABLE DETERMINATIONS.—Any as12 pect of a determination by the Director to institute 

13 an inter partes review under this section, other than 

14 a determination described in paragraph (1)(A), may 

15 be reviewed during an appeal of a final written deci16 sion issued under section 318(a).’’. 

17 (f) ELIMINATING REPETITIVE PROCEEDINGS.—Sec18 tion 315(e) of title 35, United States Code, is amended 

19 to read as follows: 

20 ‘‘(e) ESTOPPEL.— 

21 ‘‘(1) PROCEEDINGS BEFORE THE OFFICE.—A 

22 person petitioning for an inter partes review of a 

23 claim in a patent under this chapter, or the real 

24 party in interest or privy of the petitioner, may not 

25 petition for a subsequent inter partes review before 


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1 the Office with respect to that patent on any ground 

2 that the petitioner raised or reasonably could have 

3 raised in the initial petition, unless, after the filing 

4 of the initial petition, the petitioner, or the real 

5 party in interest or privy of the petitioner, is 

6 charged with infringement of additional claims of 

7 the patent. 

8 ‘‘(2) CIVIL ACTIONS AND OTHER PRO9 CEEDINGS.—A person petitioning for an inter partes 

10 review of a claim in a patent under this chapter that 

11 results in an institution decision under section 314, 

12 or the real party in interest or privy of the peti13 tioner, may not assert either in a civil action arising 

14 in whole or in part under section 1338 of title 28 

15 or in a proceeding before the International Trade 

16 Commission under section 337 of the Tariff Act of 

17 1930 (19 U.S.C. 1337) that the claim is invalid 

18 based on section 102 or 103 of this title, unless the 

19 invalidity argument is based on allegations that the 

20 claimed invention was in public use, on sale, or oth21 erwise available to the public before the effective fil22 ing date of the claimed invention.’’. 

23 (g) REAL PARTY IN INTEREST.— 


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1 (1) CLARIFICATION OF DEFINITION.—Section 

2 315 of title 35, United States Code, is amended by 

3 adding at the end the following new subsection: 

4 ‘‘(f) PETITIONER.—For purposes of this chapter, a 

5 person that directly or through an affiliate, subsidiary, or 

6 proxy makes a financial contribution to the preparation 

7 for, or conduct during, an inter partes review on behalf 

8 of the petitioner shall be considered a real party in interest 

9 of the petitioner.’’. 

10 (2) DISCOVERY OF REAL PARTY IN INTER11 EST.—Section 316(a)(5) of title 35, United States 

12 Code, is amended to read as follows: 

13 ‘‘(5) setting forth standards and procedures for 

14 discovery of relevant evidence, including that such 

15 discovery shall be limited to— 

16 ‘‘(A) the deposition of witnesses submitting 

17 affidavits or declarations; 

18 ‘‘(B) evidence identifying the petitioner’s 

19 real parties in interest; and 

20 ‘‘(C) what is otherwise necessary in the in21 terest of justice;’’. 

22 (h) PRIORITY OF FEDERAL COURT VALIDITY DE23 TERMINATIONS.— 


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1 (1) IN GENERAL.—Section 315 of title 35, 

2 United States Code, as amended by subsections (f) 

3 and (g), is further amended— 

4 (A) by redesignating subsections (c) 

5 through (f) as sections (d) through (g), respec6 tively; and 

7 (B) by inserting after subsection (b) the 

8 following new subsection: 

9 ‘‘(c) FEDERAL COURT VALIDITY DETERMINA10 TIONS.— 

11 ‘‘(1) INSTITUTION BARRED.—An inter partes 

12 review of a patent claim may not be instituted if, in 

13 a civil action arising in whole or in part under sec14 tion 1338 of title 28 or in a proceeding before the 

15 International Trade Commission under section 337 

16 of the Tariff Act of 1930 (19 U.S.C. 1337), a court 

17 has entered a final judgment— 

18 ‘‘(A) that decides the validity of the patent 

19 claim with respect to section 102 or 103; and 

20 ‘‘(B) from which an appeal under section 

21 1295 of title 28 may be taken, or from which 

22 an appeal under section 1295 of title 28 was 

23 previously available but is no longer available. 

24 ‘‘(2) STAY OF PROCEEDINGS.— 


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1 ‘‘(A) IN GENERAL.—If, in a civil action 

2 arising in whole or in part under section 1338 

3 of title 28 or in a proceeding before the Inter4 national Trade Commission under section 337 

5 of the Tariff Act of 1930 (19 U.S.C. 1337), a 

6 court has entered a final judgment that decides 

7 the validity of a patent claim with respect to 

8 section 102 or 103 and from which an appeal 

9 under section 1295 of title 28 may be taken, 

10 the Patent Trial and Appeal Board shall stay 

11 any ongoing inter partes review of that patent 

12 claim pending a final decision. 

13 ‘‘(B) TERMINATION.—If the validity of a 

14 patent claim described in subparagraph (A) is 

15 finally upheld by a court or the International 

16 Trade Commission, as applicable, the Patent 

17 Trial and Appeal Board shall terminate the 

18 inter partes review.’’. 

19 (2) TECHNICAL AND CONFORMING AMEND20 MENTS.—Chapter 31 of title 35, United States 

21 Code, is amended— 

22 (A) in section 315(b), by striking ‘‘sub23 section (c)’’ and inserting ‘‘subsection (d)’’; 

24 (B) in section 316(a)— 


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1 (i) in paragraph (11), by striking 

2 ‘‘section 315(c)’’ and inserting ‘‘section 

3 315(d)’’; and 

4 (ii) in paragraph (12), by striking 

5 ‘‘section 315(c)’’ and inserting ‘‘section 

6 315(d)’’; and 

7 (C) in section 317(a), by striking ‘‘section 

8 315(e)’’ and inserting ‘‘section 315(f)’’. 

9 SEC. 806. POST-GRANT REVIEW. 

10 (a) CLAIM CONSTRUCTION.—Section 326(a) of title 

11 35, United States Code, is amended— 

12 (1) in paragraph (9), by inserting after ‘‘sub13 stitute claims,’’ the following: ‘‘including the stand14 ard for how substitute claims should be construed,’’; 

15 (2) in paragraph (11), by striking ‘‘; and’’ and 

16 inserting a semicolon; 

17 (3) in paragraph (12), by striking the period at 

18 the end and inserting ‘‘; and’’; and 

19 (4) by adding at the end the following new 

20 paragraph: 

21 ‘‘(13) providing that for all purposes under this 

22 chapter— 

23 ‘‘(A) each challenged claim of a patent 

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1 validate a patent, including by construing each 

2 challenged claim of the patent in accordance 

3 with— 

4 ‘‘(i) the ordinary and customary 

5 meaning of the claim as understood by a 

6 person having ordinary skill in the art to 

7 which the claimed invention pertains; and 

8 ‘‘(ii) the prosecution history per9 taining to the patent; and 

10 ‘‘(B) if a court has previously construed a 

11 challenged claim of a patent or a challenged 

12 claim term in a civil action to which the patent 

13 owner was a party, the Office shall consider 

14 that claim construction.’’. 

15 (b) BURDEN OF PROOF.—Section 326(e) of title 35, 

16 United States Code, is amended to read as follows: 

17 ‘‘(e) EVIDENTIARY STANDARDS.— 

18 ‘‘(1) PRESUMPTION OF VALIDITY.—The pre19 sumption of validity under section 282(a) shall apply 

20 to a previously issued claim that is challenged dur21 ing a proceeding under this chapter. 

22 ‘‘(2) BURDEN OF PROOF.—In a post-grant re23 view instituted under this chapter, the petitioner 

24 shall have the burden of proving a proposition of 


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1 unpatentability of a previously issued claim by clear 

2 and convincing evidence.’’. 

3 (c) STANDING.—Section 321 of title 35, United 

4 States Code, is amended by adding at the end the fol5 lowing new subsection: 

6 ‘‘(d) PERSONS THAT MAY PETITION.— 

7 ‘‘(1) DEFINITION.—In this subsection, the term 

8 ‘charged with infringement’ means a real and sub9 stantial controversy regarding infringement of a pat10 ent exists such that the petitioner would have stand11 ing to bring a declaratory judgment action in Fed12 eral court. 

13 ‘‘(2) NECESSARY CONDITIONS.—A person may 

14 not file with the Office a petition to institute a post15 grant review of a patent unless the person, or a real 

16 party in interest or privy of the person, dem17 onstrates— 

18 ‘‘(A) a reasonable possibility of being— 

19 ‘‘(i) sued for infringement of the pat20 ent; or 

21 ‘‘(ii) charged with infringement under 

22 the patent; or 

23 ‘‘(B) a competitive harm related to the va24 lidity of the patent.’’. 


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1 (d) LIMITATION ON REVIEWS.—Section 324(a) of 

2 title 35, United States Code, is amended to read as fol3 lows: 

4 ‘‘(a) THRESHOLD.— 

5 ‘‘(1) LIKELIHOOD OF PREVAILING.—Subject to 

6 paragraph (2), the Director may not authorize a 

7 post-grant review to be instituted unless the Director 

8 determines that the information presented in the pe9 tition filed under section 321, if such information is 

10 not rebutted, would demonstrate that it is more like11 ly than not that at least one of the claims challenged 

12 in the petition is unpatentable. 

13 ‘‘(2) PREVIOUS INSTITUTION.—The Director 

14 may not authorize a post-grant review to be insti15 tuted on a claim challenged in a petition if the Di16 rector has previously instituted an inter partes re17 view or post-grant review with respect to that 

18 claim.’’. 

19 (e) REVIEWABILITY OF INSTITUTION DECISIONS.— 

20 Section 324 of title 35, United States Code, is amended 

21 by striking subsection (e) and inserting the following: 

22 ‘‘(e) NO APPEAL.— 

23 ‘‘(1) NON-APPEALABLE DETERMINATIONS.— 

24 ‘‘(A) THRESHOLD DETERMINATION.—A 

25 determination by the Director on the likelihood 


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1 that the petitioner will prevail under subsection 

2 (a)(1) shall be final and nonappealable. 

3 ‘‘(B) EXERCISE OF DISCRETION.—A deter4 mination by the Director not to institute a post5 grant review under this section shall be final 

6 and nonappealable. 

7 ‘‘(2) APPEALABLE DETERMINATIONS.—Any as8 pect of a determination by the Director to institute 

9 a post-grant review under this section, other than a 

10 determination described in paragraph (1)(A), may be 

11 reviewed during an appeal of a final written decision 

12 issued under section 328(a).’’. 

13 (f) ELIMINATING REPETITIVE PROCEEDINGS.—Sec14 tion 325(e)(1) of title 35, United States Code, is amended 

15 to read as follows: 

16 ‘‘(1) PROCEEDINGS BEFORE THE OFFICE.—A 

17 person petitioning for a post-grant review of a claim 

18 in a patent under this chapter, or the real party in 

19 interest or privy of the petitioner, may not petition 

20 for a subsequent post-grant review before the Office 

21 with respect to that patent on any ground that the 

22 petitioner raised or reasonably could have raised in 

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1 terest or privy of the petitioner, is charged with in2 fringement of additional claims of the patent.’’. 

3 (g) REAL PARTY IN INTEREST.— 

4 (1) CLARIFICATION OF DEFINITION.—Section 

5 325 of title 35, United States Code, is amended by 

6 adding at the end the following new subsection: 

7 ‘‘(g) REAL PARTY IN INTEREST.—For purposes of 

8 this chapter, a person that directly or through an affiliate, 

9 subsidiary, or proxy, makes a financial contribution to the 

10 preparation for, or conduct during, a post-grant review on 

11 behalf of the petitioner shall be considered a real party 

12 in interest of the petitioner.’’. 

13 (2) DISCOVERY OF REAL PARTY IN INTER14 EST.—Section 326(a)(5) of title 35, United States 

15 Code, is amended to read as follows: 

16 ‘‘(5) setting forth standards and procedures for 

17 discovery of relevant evidence, including that such 

18 discovery shall be limited to— 

19 ‘‘(A) the deposition of witnesses submitting 

20 affidavits or declarations; 

21 ‘‘(B) evidence identifying the petitioner’s 

22 real parties in interest; and 

23 ‘‘(C) what is otherwise necessary in the in24 terest of justice;’’. 


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1 (h) PRIORITY OF FEDERAL COURT VALIDITY DE2 TERMINATIONS.— 

3 (1) IN GENERAL.—Section 325 of title 35, 

4 United States Code, as amended by subsections (f) 

5 and (g), is further amended— 

6 (A) by redesignating subsections (c) 

7 through (g) as sections (d) through (h), respec8 tively; and 

9 (B) by inserting after subsection (b) the 

10 following new subsection: 

11 ‘‘(c) FEDERAL COURT VALIDITY DETERMINA12 TIONS.— 

13 ‘‘(1) INSTITUTION BARRED.—A post-grant re14 view of a patent claim may not be instituted if, in 

15 a civil action arising in whole or in part under sec16 tion 1338 of title 28 or in a proceeding before the 

17 International Trade Commission under section 337 

18 of the Tariff Act of 1930 (19 U.S.C. 1337), a court 

19 has entered a final judgment— 

20 ‘‘(A) that decides the validity of the patent 

21 claim with respect to section 102 or 103; and 

22 ‘‘(B) from which an appeal under section 

23 1295 of title 28 may be taken, or from which 

24 an appeal under section 1295 of title 28 was 

25 previously available but is no longer available. 


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1 ‘‘(2) STAY OF PROCEEDINGS.— 

2 ‘‘(A) IN GENERAL.—If, in a civil action 

3 arising in whole or in part under section 1338 

4 of title 28 or in a proceeding before the Inter5 national Trade Commission under section 337 

6 of the Tariff Act of 1930 (19 U.S.C. 1337), a 

7 court has entered a final judgment that decides 

8 the validity of a patent claim with respect to 

9 section 102 or 103 and from which an appeal 

10 under section 1295 of title 28 may be taken, 

11 the Patent Trial and Appeal Board shall stay 

12 any ongoing post-grant review of that patent 

13 claim pending a final decision. 

14 ‘‘(B) TERMINATION.—If the validity of a 

15 patent claim described in subparagraph (A) is 

16 finally upheld by a court or the International 

17 Trade Commission, as applicable, the Patent 

18 Trial and Appeal Board shall terminate the 

19 post-grant review.’’. 

20 (2) TECHNICAL AND CONFORMING AMEND21 MENTS.—Chapter 32 of title 35, United States 

22 Code, is amended— 

23 (A) in section 326(a)(11), by striking ‘‘sec24 tion 325(c)’’ and inserting ‘‘section 325(d)’’; 

25 and 


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1 (B) in section 327(a), by striking ‘‘section 

2 325(e)’’ and inserting ‘‘section 325(f)’’. 

3 SEC. 807. COMPOSITION OF POST-GRANT REVIEW AND 

4 INTER PARTES REVIEW PANELS. 

5 Section 6(c) of title 35, United States Code, is 

6 amended to read as follows: 

7 ‘‘(c) 3-MEMBER PANELS.— 

8 ‘‘(1) IN GENERAL.—Each appeal, derivation 

9 proceeding, post-grant review, and inter partes re10 view shall be heard by at least 3 members of the 

11 Patent Trial and Appeal Board, who shall be des12 ignated by the Director. 

13 ‘‘(2) INELIGIBILITY TO HEAR REVIEW.—A 

14 member of the Patent Trial and Appeal Board who 

15 participates in the decision to institute a post-grant 

16 review or an inter partes review of a patent shall be 

17 ineligible to hear the review. 

18 ‘‘(3) REHEARINGS.—Only the Patent Trial and 

19 Appeal Board may grant rehearings.’’. 

20 SEC. 808. REEXAMINATION OF PATENTS. 

21 (a) REQUEST FOR REEXAMINATION.—Section 302 of 

22 title 35, United States Code, is amended to read as fol23 lows: 


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1 ‘‘§ 302. Request for reexamination 

2 ‘‘Any person at any time may file a request for reex3 amination by the Office of any claim of a patent on the 

4 basis of any prior art cited under the provisions of section 

5 301. The request must be in writing and must be accom6 panied by payment of a reexamination fee established by 

7 the Director pursuant to the provisions of section 41. The 

8 request must identify all real parties in interest and certify 

9 that reexamination is not barred under section 303(d). 

10 The request must set forth the pertinency and manner of 

11 applying cited prior art to every claim for which reexam12 ination is requested. Unless the requesting person is the 

13 owner of the patent, the Director promptly will send a 

14 copy of the request to the owner of record of the patent.’’. 

15 (b) REEXAMINATION BARRED BY CIVIL ACTION.— 

16 Section 303 of title 35, United States Code, is amended 

17 by adding at the end the following new subsection: 

18 ‘‘(d) An ex parte reexamination may not be instituted 

19 if the request for reexamination is filed more than 1 year 

20 after the date on which the requester or a real party in 

21 interest or privy of the requester is served with a com22 plaint alleging infringement of the patent.’’. 

23 SEC. 809. RESTORATION OF PATENTS AS PROPERTY 

24 RIGHTS. 

25 Section 283 of title 35, United States Code, is 

26 amended— 


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1 (1) by striking ‘‘The several courts’’ and insert2 ing the following: 

3 ‘‘(a) IN GENERAL.—The several courts’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(b) INJUNCTION.—Upon a finding by a court of in6 fringement of a patent not proven invalid or unenforce7 able, the court shall presume that— 

8 ‘‘(1) further infringement of the patent would 

9 cause irreparable injury; and 

10 ‘‘(2) remedies available at law are inadequate to 

11 compensate for that injury.’’. 

12 SEC. 810. INVENTOR PROTECTIONS. 

13 (a) INVENTOR-OWNED PATENT PROTECTIONS.— 

14 Chapter 32 of title 35, United States Code, is amended 

15 by adding at the end the following new section: ‘‘ 

16 ‘‘§ 330. Inventor protections 

17 ‘‘(a) PROTECTION FROM POST ISSUANCE PRO18 CEEDINGS IN THE UNITED STATES PATENT AND TRADE19 MARK OFFICE.—The United States Patent and Trade20 mark Office shall not undertake a proceeding to reexam21 ine, review, or otherwise make a determination about the 

22 validity of an inventor-owned patent without the consent 

23 of the patentee. 

24 ‘‘(b) CHOICE OF VENUE.—Any civil action for in25 fringement of an inventor-owned patent or any action for 


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1 a declaratory judgment that an inventor-owned patent is 

2 invalid or not infringed may be brought in a judicial dis3 trict— 

4 ‘‘(1) in accordance with section 1400(b) of title 

5 28; 

6 ‘‘(2) where the defendant has agreed or con7 sented to be sued in the instant action; 

8 ‘‘(3) where an inventor named on the patent in 

9 suit conducted research or development that led to 

10 the application for the patent in suit; 

11 ‘‘(4) where a party has a regular and estab12 lished physical facility that such party controls and 

13 operates, not primarily for the purpose of creating 

14 venue, and has— 

15 ‘‘(A) engaged in management of significant 

16 research and development of an invention 

17 claimed in a patent in suit prior to the effective 

18 filing date of the patent; 

19 ‘‘(B) manufactured a tangible good that is 

20 alleged to embody an invention claimed in a 

21 patent in suit; or 

22 ‘‘(C) implemented a manufacturing process 

23 for a tangible good in which the process is al24 leged to embody an invention claimed in a pat25 ent in suit; or 


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1 ‘‘(5) in the case of a foreign defendant that 

2 does not meet the requirements of section 1400(b) 

3 of title 28, in accordance with section 1391(c)(3) of 

4 such title.’’. 

5 SEC. 811. REGISTRATION OF AGENT. 

6 (a) IN GENERAL.—Chapter 190 of title 28, United 

7 States Code, is amended by adding at the end the fol8 lowing new section: 

9 ‘‘§ 5002. Registration of an agent for the service of 

10 process on covered entities 

11 ‘‘(a) IN GENERAL.—A covered entity conducting 

12 business in the United States shall register with the De13 partment of Commerce not less than one agent residing 

14 in the United States if the covered entity— 

15 ‘‘(1) is owned by officers, members, or affiliates 

16 of the Chinese Communist Party, the People’s Lib17 eration Army of China, or any governmental organ 

18 of the People’s Republic of China, including regional 

19 and local governments; 

20 ‘‘(2) is traded in shares and such shares are 

21 held in majority by any individual or group of indi22 viduals who are officers, members, or affiliates of 

23 the Chinese Communist Party, the People’s Libera24 tion Army of China, or any governmental organ of 


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1 the People’s Republic of China, including regional 

2 and local governments; 

3 ‘‘(3) is owned by individuals or other entities 

4 who reside or are headquartered outside of the 

5 United States and the majority of business earnings 

6 of the covered entity are derived from commerce 

7 with entities owned by officers, members, or affili8 ates of the Chinese Communist Party, the People’s 

9 Liberation Army of China, or any governmental 

10 organ of the People’s Republic of China, including 

11 regional and local governments of the Chinese Com12 munist Party, of the People’s Liberation Army of 

13 China, or in the People’s Republic of China; or 

14 ‘‘(4) is organized under the laws of, or has its 

15 principal place of business in, the People’s Republic 

16 of China. 

17 ‘‘(b) FILING.—A registration required under sub18 section (a) shall be filed with the Department of Com19 merce not later than 30 days after— 

20 ‘‘(1) the date of enactment of this Act, or 

21 ‘‘(2) the departure of the previously registered 

22 agent from employment or contract with the covered 

23 entity. 

24 ‘‘(c) PURPOSE OF REGISTERED AGENT.— 


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1 ‘‘(1) AVAILABILITY.—A covered entity shall en2 sure that not less than one registered agent on 

3 whom process may be served is available at the busi4 ness address of the registered agent each day from 

5 9 a.m. to 5 p.m. in the time zone of the business ad6 dress, excluding Saturdays, Sundays, and Federal 

7 holidays. 

8 ‘‘(2) COMMUNICATION.—The registered agent 

9 shall be required to be available to accept service of 

10 process on behalf of the covered entity under which 

11 the agent is registered by the means of any commu12 nication included in the registration submitted to the 

13 Department of Commerce. 

14 ‘‘(d) COOPERATION.—A registered agent shall co15 operate in good faith with the United States Government 

16 and representatives of other individuals and entities. 

17 ‘‘(e) REQUIRED INFORMATION.—The registration 

18 submitted to the Department of Commerce shall include 

19 the following information: 

20 ‘‘(1) The name of the covered entity registering 

21 an agent under this section. 

22 ‘‘(2) The name of the Chief Executive Officer, 

23 President, Partner, Chairman, or other controlling 

24 individual of the covered entity. 


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1 ‘‘(3) The name of the individual who is being 

2 registered as the agent for the service of process. 

3 ‘‘(4) The business address of the covered entity 

4 registering an agent under this section. 

5 ‘‘(5) The business address of the individual who 

6 is being registered as the agent for the service of 

7 process. 

8 ‘‘(6) Contact information, including an email 

9 address and phone number for the individual who is 

10 being registered as the agent for the service of proc11 ess. 

12 ‘‘(7) The date on which the agent shall begin 

13 to accept service of process under this section. 

14 ‘‘(f) WEBSITE.—The information submitted to the 

15 Department of Commerce pursuant to this section shall 

16 be made available on a publicly accessible database on the 

17 website of the Department of Commerce. 

18 ‘‘(g) PERSONAL JURISDICTION.—A covered entity 

19 that registers an agent under this section thereby consents 

20 to the personal jurisdiction of the State or Federal courts 

21 of the State in which the registered agent is located for 

22 the purpose of any regulatory proceeding or civil action 

23 relating to such covered entity. 

24 ‘‘(h) DEFINITIONS.—In this section: 


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1 ‘‘(1) COVERED ENTITY.—The term ‘covered en2 tity’ means— 

3 ‘‘(A) a corporation, partnership, associa4 tion, organization, or other combination of per5 sons established for the purpose of commercial 

6 activities; or 

7 ‘‘(B) a trust or a fund established for the 

8 purpose of commercial activities. 

9 ‘‘(2) DEPARTMENT OF COMMERCE.—The term 

10 ‘Department of Commerce’ means the United States 

11 Department of Commerce.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 for chapter 190 of title 28, United States Code, is amend14 ed by adding at the end the following: 

‘‘5002. Registration of an agent for the service of process on covered entities.’’. 

15 SEC. 812. EXCEPTION TO SOVEREIGN IMMUNITY. 

16 Section 1603(b)(2) of title 28, United States Code, 

17 is amended by inserting ‘‘except the People’s Republic of 

18 China,’’ after ‘‘owned by a foreign state,’’. 

19 SEC. 813. REDRESS OF THEFT OF TRADE SECRETS 

20 EXTRATERRITORIALLY. 

21 Section 1836 of title 18, United States Code, is 

22 amended by adding at the end the following new sub23 section: 

24 ‘‘(e) APPLICABILITY TO CONDUCT OUTSIDE UNITED

25 STATES.—Notwithstanding any other provision of law, 


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1 this section shall apply to conduct occurring outside the 

2 United States and impacting United States commerce, in3 cluding conduct by an offender who is— 

4 ‘‘(1) not a United States person or an alien 

5 lawfully admitted for permanent residence into the 

6 United States; or 

7 ‘‘(2) an organization which is created or orga8 nized under the laws of a foreign government or 

9 which has its principal place of business located out10 side of the United States.’’. 

11 SEC. 814. RESTRICTION ON FEDERAL GRANTS AND OTHER 

12 FORMS OF ASSISTANCE. 

13 (a) RESTRICTION.— 

14 (1) IN GENERAL.—Notwithstanding any other 

15 provision of law, the head of each Federal depart16 ment or agency may not provide grants, awards, or 

17 other forms of assistance, that is currently author18 ized in law, to a United States business to improve 

19 the resilience or competitiveness of a business unless 

20 such business agrees that it— 

21 (A) will not engage in expanded coopera22 tion activities with any Chinese entity; and 

23 (B) will not expand its own activities with24 in the People’s Republic of China (including 

25 Hong Kong and Macau). 


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1 (2) INELIGIBILITY.—If a United States busi2 ness that has received a grant or other form of as3 sistance described in paragraph (1) engages in ex4 panded cooperation activities with any Chinese enti5 ty, or expands its own activities within the People’s 

6 Republic of China, such business— 

7 (A) shall provide reimbursement to the 

8 Federal Government in an amount equal to the 

9 amount of the grant or other form of assist10 ance; and 

11 (B) shall be ineligible for any other grants 

12 or other forms of assistance described in para13 graph (1) from any Federal department or 

14 agency. 

15 (b) REPORT.—The Secretary of the Treasury shall 

16 submit to Congress on an annual basis a report on invest17 ments made by United States businesses that receive 

18 grants or other forms of assistance described in subsection 

19 (a) in— 

20 (1) production in the People’s Republic of 

21 China; and 

22 (2) production elsewhere by any Chinese entity. 

23 (c) CHINESE ENTITY DEFINED.—In this section: 

24 (1) CHINESE ENTITY.—The term ‘‘Chinese en25 tity’’ means any entity organized under the laws of 


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1 the People’s Republic of China or otherwise subject 

2 to the jurisdiction of the Government of the People’s 

3 Republic of China, and any entity owned or con4 trolled by the Government of the People’s Republic 

5 of China, or an entity subject to the jurisdiction of 

6 the Government of the People’s Republic of China. 

7 (2) EXPANDED COOPERATION ACTIVITIES.— 

8 The term ‘‘expanded cooperation activities’’, with re9 spect to a Chinese entity, means investments in, ex10 ports of technology to, any activity that provides 

11 capital, technology, or expertise to the entity, or any 

12 other form of cooperation with, the entity. 

13 (d) RULE OF CONSTRUCTION.—Nothing in this sec14 tion shall be construed to authorize a new Federal grant 

15 or award program. 

16 SEC. 815. RESTRICTION ON NATIONAL SCIENCE FOUNDA17 TION GRANTS AND OTHER FORMS OF ASSIST18 ANCE TO COMMUNIST CHINESE MILITARY 

19 COMPANIES AND THEIR AFFILIATES. 

20 (a) IN GENERAL.—Notwithstanding any other provi21 sion of law, the Director of the National Science Founda22 tion may not provide grants or other forms of assistance 

23 to any individual or entity that is affiliated or otherwise 

24 has a relationship, including but not limited to a research 

25 partnership, joint venture, or contract with— 


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1 (1) an entity included on the list maintained 

2 and set forth in Supplement No. 4 to part 744 of 

3 the Export Administration Regulations; 

4 (2) a company on the list required by section 

5 1237 of the Strom Thurmond National Defense Au6 thorization Act for Fiscal Year 1999 (Public Law 

7 105–261; 50 U.S.C. 1701 note), or required by sec8 tion 1260H of the Mac Thornberry National De9 fense Authorization Act for Fiscal Year 2021 (Pub10 lic Law 116–283), or on the Non-SDN Chinese Mili11 tary-Industrial Complex Companies List (NS–CMIC 

12 List) or any successor list; or 

13 (3) any parent, subsidiary, affiliate of, or entity 

14 owned by or controlled by, an entity described in 

15 (a)(1) and (a)(2). 

16 (b) EXPORT ADMINISTRATION REGULATIONS DE17 FINED.—In this section, the term ‘‘Export Administration 

18 Regulations’’ means the regulations set forth in sub19 chapter C of chapter VII of title 15, Code of Federal Reg20 ulations, or successor regulations. 

21 SEC. 816. EXPANDING INADMISSIBILITY ON SECURITY AND 

22 RELATED GROUNDS. 

23 (a) IN GENERAL.—Section 212(a)(3)(A) of the Im24 migration and Nationality Act (8 U.S.C. 1182(a)(3)(A)) 

25 is amended to read as follows: 


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1 ‘‘(A) IN GENERAL.—Any alien is inadmis2 sible if a consular officer, an immigration offi3 cer, the Secretary of Homeland Security, or the 

4 Attorney General knows, or has reasonable 

5 ground to believe, that the alien— 

6 ‘‘(i) engages, has engaged, or will en7 gage in any activity— 

8 ‘‘(I) in violation of any law of the 

9 United States relating to espionage or 

10 sabotage; or 

11 ‘‘(II) that would violate any law 

12 of the United States relating to espio13 nage or sabotage if the activity oc14 curred in the United States; 

15 ‘‘(ii) engages, has engaged, or will en16 gage in any activity in violation or evasion 

17 of any law prohibiting the export from the 

18 United States of goods, technology, or sen19 sitive information; 

20 ‘‘(iii) seeks to enter the United States 

21 to engage solely, principally, or incidentally 

22 in any other unlawful activity; 

23 ‘‘(iv) seeks to enter the United States 

24 to engage solely, principally, or incidentally 

25 in any activity a purpose of which is the 


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1 opposition to, or the control or overthrow 

2 of, the Government of the United States by 

3 force, violence, or other unlawful means; or 

4 ‘‘(v) is the spouse or child of an alien 

5 who is inadmissible under this subpara6 graph, if the activity causing the alien to 

7 be found inadmissible occurred within the 

8 last 5 years.’’. 

9 (b) WAIVER AUTHORITY.—Section 212(d)(3)(A) of 

10 the Immigration and Nationality Act (8 U.S.C. 

11 1182(d)(3)(A)) is amended by striking ‘‘(other than para12 graphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and 

13 clauses (i) and (ii) of paragraph (3)(E) of such sub14 section)’’ each place such phrase appears and inserting 

15 ‘‘(other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), 

16 (A)(iv), (C), (E)(i), and (E)(ii) of paragraph (3) of such 

17 subsection)’’. 


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1 TITLE IX—MATTERS RELATED 

2 TO FINANCIAL SERVICES 

3 SEC. 901. OPPOSITION OF THE UNITED STATES TO AN IN4 CREASE IN THE WEIGHT OF THE CHINESE 

5 RENMINBI IN THE SPECIAL DRAWING RIGHTS 

6 BASKET OF THE INTERNATIONAL MONETARY 

7 FUND. 

8 (1) The Secretary of the Treasury shall instruct 

9 the United States Governor of, and the United 

10 States Executive Director at, the International Mon11 etary Fund to use the voice and vote of the United 

12 States to oppose any increase in the weight of the 

13 Chinese renminbi in the basket of currencies used to 

14 determine the value of Special Drawing Rights, un15 less the Secretary of the Treasury has submitted to 

16 the Committee on Financial Services of the House of 

17 Representatives and the Committee on Banking, 

18 Housing, and Urban Affairs of the Senate a written 

19 report which includes a certification that— 

20 (A) the People’s Republic of China is in 

21 compliance with all its obligations under Article 

22 VIII of the 19 Articles of Agreement of the 

23 Fund; 

24 (B) in the preceding 12 months, there has 

25 not been a report submitted under section 3005 


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1 of the Omnibus Trade and Competitiveness Act 

2 of 1988 or section 701 of the Trade Facilitation 

3 and Trade Enforcement Act of 2015 in which 

4 the People’s Republic of China has been found 

5 to have manipulated its currency; 

6 (C) the People’s Republic of China has in7 stituted and is implementing the policies and 

8 practices necessary to ensure that the renminbi 

9 is freely usable (within the meaning of Article 

10 XXX(f) of the Articles of Agreement of the 

11 Fund); and 

12 (D) the People’s Republic of China adheres 

13 to the rules and principles of the Paris Club 

14 and the OECD Arrangement on Officially Sup15 ported Export Credits. 

16 SEC. 902. SUNSET. 

17 Section 901 shall have no force or effect beginning 

18 10 years after the date of the enactment of this Act. 

19 SEC. 903. STRENGTHENING CONGRESSIONAL OVERSIGHT 

20 OF SPECIAL DRAWING RIGHTS AT THE IMF. 

21 Section 6 of the Special Drawing Rights Act (22 

22 U.S.C. 286q) is amended— 

23 (1) in subsection (a)— 

24 (A) by striking ‘‘each basic period’’ and in25 serting ‘‘any 10-year period’’; and 


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1 (B) by inserting ‘‘25 percent of’’ before 

2 ‘‘the United States quota’’; and 

3 (2) in subsection (b)— 

4 (A) by inserting ‘‘, or consent to or acqui5 esce in such an allocation,’’ before ‘‘without 

6 consultations’’; 

7 (B) by striking ‘‘90’’ and inserting ‘‘180’’; 

8 and 

9 (C) by inserting ‘‘Chairman and ranking 

10 minority members of’’ before ‘‘the appropriate 

11 subcommittees’’. 

12 SEC. 904. PROHIBITION ON ALLOCATIONS FOR PERPETRA13 TORS OF GENOCIDE AND STATE SPONSORS 

14 OF TERRORISM WITHOUT CONGRESSIONAL 

15 AUTHORIZATION. 

16 Section 6(b) of the Special Drawing Rights Act (22 

17 U.S.C. 286q(b)) is amended by adding at the end the fol18 lowing: 

19 ‘‘(3) Unless Congress by law authorizes such 

20 action, neither the President nor any person or 

21 agency shall on behalf of the United States vote to 

22 allocate Special Drawing Rights under article XVIII, 

23 sections 2 and 3, of the Articles of Agreement of the 

24 Fund to a member country of the Fund, if the 


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1 President of the United States has found that the 

2 government of the member country— 

3 ‘‘(A) has committed genocide at any time 

4 during the 10-year period ending with the date 

5 of the vote; or 

6 ‘‘(B) has repeatedly provided support for 

7 acts of international terrorism.’’. 

8 SEC. 905. OPPOSITION TO QUOTA INCREASE FOR COUN9 TRIES THAT UNDERMINE IMF PRINCIPLES. 

10 The Bretton Woods Agreements Act (22 U.S.C. 286– 

11 286zz) is amended— 

12 (1) by redesignating the second section 73 (as 

13 added by section 1901 of division P of Public Law 

14 116–94) as section 74; and 

15 (2) by adding at the end the following: 

16 ‘‘SEC. 75. OPPOSITION TO QUOTA INCREASE FOR COUN17 TRIES THAT UNDERMINE FUND PRINCIPLES. 

18 ‘‘(a) IN GENERAL.—Not less than 7 days before con19 sideration of any proposal to increase the quota of a for20 eign member of the Fund that is one of the 10 largest 

21 shareholders in the Fund, the Secretary of the Treasury 

22 shall submit a report to the Committee on Financial Serv23 ices of the House and the Committee on Foreign Relations 

24 of the Senate that determines whether the foreign member 

25 meets the following criteria: 


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1 ‘‘(1) The member is in compliance with all obli2 gations set forth in Article VIII of the Articles of 

3 Agreement of the Fund. 

4 ‘‘(2) The member, in the preceding 12 months, 

5 was not found to have manipulated its currency, as 

6 determined in a report required by section 3005 of 

7 the Omnibus Trade and Competitiveness Act of 

8 1988 or section 701 of the Trade Facilitation and 

9 Trade Enforcement Act of 2015. 

10 ‘‘(3) In the case of a member whose currency 

11 is included in the Special Drawing Rights basket of 

12 the Fund, the currency of the member is freely usa13 ble (within the meaning of Article XXX(f) of the Ar14 ticles of Agreement of the Fund) and the Secretary 

15 concurs with the determinations of the Fund de16 scribed in that Article, and, in the preceding 12 

17 months, the member has demonstrated its commit18 ment to ensuring that its currency is widely used 

19 and traded internationally. 

20 ‘‘(4) The member is committed to the rules and 

21 principles of the Paris Club. 

22 ‘‘(b) EFFECT OF DETERMINATION.—On determining 

23 that a member of the Fund has failed to meet any of the 

24 criteria set forth in subsection (a), the Secretary shall in25 struct the Governor of the Fund to use the voice and vote 


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1 of the United States to oppose the proposal to increase 

2 the quota of the member in the Fund. 

3 ‘‘(c) WAIVER.—The President may waive subsection 

4 (b) with respect to a member of the Fund on reporting 

5 to the Committee on Financial Services of the House of 

6 Representatives and the Committee on Foreign Relations 

7 of the Senate that— 

8 ‘‘(1) the waiver is important to the national in9 terest of the United States, with an explanation of 

10 the reasons therefor; or 

11 ‘‘(2) the member is attempting to rectify the 

12 failure, with a description of the actions the member 

13 is taking to fulfill any unmet criteria. 

14 ‘‘(d) PROHIBITION.—Notwithstanding subsection (c), 

15 the Governor of the Fund may not use the voice or vote 

16 of the United States to support a proposal to increase the 

17 quota of a member in the Fund if the President of the 

18 United States determines that the government of the 

19 member interfered in a United States election for Federal 

20 office (as defined in section 301 of the Federal Election 

21 Campaign Act of 1971) in the 4 years preceding consider22 ation of the proposal. 

23 ‘‘(e) PROPOSAL CONSIDERATION.—For the purposes 

24 of this section, consideration of a proposal to increase the 

25 quota of a foreign member of the Fund does not include 


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1 consent to an amendment to the Articles of Agreement 

2 of the Fund that has been authorized by law. 

3 ‘‘(f) SUNSET.—This section shall cease to have force 

4 or effect 10 years after the date of the enactment of this 

5 Act.’’. 

6 SEC. 906. OPPOSITION OF THE UNITED STATES TO INTER7 NATIONAL MONETARY FUND LOAN TO A 

8 COUNTRY WHOSE PUBLIC DEBT IS NOT LIKE9 LY TO BE SUSTAINABLE IN THE MEDIUM 

10 TERM. 

11 (a) IN GENERAL.—Section 68(a) of the Bretton 

12 Woods Agreements Act (22 U.S.C. 286tt(a)) is amend13 ed— 

14 (1) in paragraph (2), by inserting after the 

15 comma the following: ‘‘or a staff analytical report of 

16 the Fund states that there is not a high probability 

17 that the public debt of the country is sustainable in 

18 the medium term,’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(3) WAIVER AUTHORITY.—The Secretary of 

21 the Treasury may waive paragraph (2) on a case-by22 case basis if the Secretary provides a written certifi23 cation to the Committee on Financial Services of the 

24 House of Representatives and the Committee on 

25 Foreign Relations of the Senate that the waiver is 


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1 important to the national interest of the United 

2 States, and includes with the certification a written 

3 statement of the reasons therefor.’’. 

4 (b) SUNSET.—This section shall cease to have force 

5 or effect 10 years after the date of the enactment of this 

6 Act. 

7 SEC. 907. CONGRESSIONAL NOTIFICATION WITH RESPECT 

8 TO EXCEPTIONAL ACCESS LENDING. 

9 (a) IN GENERAL.—The Bretton Woods Agreements 

10 Act (22 U.S.C. 286–286zz), as amended by section 2 of 

11 this Act, is amended by adding at the end the following: 

12 ‘‘SEC. 76. CONGRESSIONAL NOTIFICATION WITH RESPECT 

13 TO EXCEPTIONAL ACCESS LENDING. 

14 ‘‘(a) IN GENERAL.—The United States Executive Di15 rector at the International Monetary Fund may not sup16 port any proposal that would alter the criteria used by 

17 the Fund for exceptional access lending if the proposal 

18 would permit a country that is ineligible, before the pro19 posed alteration, to receive exceptional access lending, un20 less, not later than 15 days before consideration of the 

21 proposal by the Board of Executive Directors of the Fund, 

22 the Secretary of the Treasury has submitted to the Com23 mittee on Financial Services of the House of Representa24 tives and the Committee on Foreign Relations of the Sen25 ate a report on the justification for the proposal and the 


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1 effects of the proposed alteration on moral hazard and re2 payment risk at the Fund. 

3 ‘‘(b) WAIVER.—The President may reduce the appli4 cable notice period required under subsection (a) to not 

5 less than 7 days on reporting to the Committee on Finan6 cial Services of the House of Representatives and Com7 mittee on Foreign Relations of the Senate that the reduc8 tion is important to the national interest of the United 

9 States, with an explanation of the reasons therefor.’’. 

10 (b) SUNSET.—This section shall cease to have force 

11 or effect 10 years after the date of the enactment of this 

12 Act. 

13 SEC. 908. CONDITION ON IMF QUOTA INCREASE FOR THE 

14 PEOPLE’S REPUBLIC OF CHINA. 

15 (a) IN GENERAL.—The United States Governor of 

16 the International Monetary Fund (in this section referred 

17 to as the ‘‘Fund’’) shall use the voice and vote of the 

18 United States to oppose, and may not consent to, an in19 crease in the quota of the People’s Republic of China in 

20 the Fund, unless the Secretary of the Treasury reports 

21 to the Congress that— 

22 (1) the Board of Governors of the Fund is con23 sidering admission of Taiwan as a member of the 

24 Fund, pursuant to the recommendation of the Board 

25 of Executive Directors of the Fund; or 


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1 (2) Taiwan enjoys meaningful participation in 

2 the Fund, including through— 

3 (A) participation in regular surveillance ac4 tivities of the Fund with respect to the eco5 nomic and financial policies of Taiwan, con6 sistent with Article IV consultation procedures 

7 of the Fund; 

8 (B) employment opportunities for Taiwan 

9 nationals, without regard to any consideration 

10 that, in the determination of the Secretary, 

11 does not generally restrict the employment of 

12 nationals of member countries of the Fund; and 

13 (C) the ability to receive appropriate tech14 nical assistance and training by the Fund. 

15 (b) WAIVER.—The Secretary of the Treasury may 

16 waive subsection (a) of this section with respect to a pro17 posal on reporting to the Congress that providing the 

18 waiver will substantially promote the objective of securing 

19 more equitable treatment of Taiwan at each international 

20 financial institution (as defined in section 1701(c)(2) of 

21 the International Financial Institutions Act). 

22 (c) SUNSET.—This section shall have no force or ef23 fect beginning with the date that is 7 years after the date 

24 of the enactment of this Act. 


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1 SEC. 909. ENSURING NON-DISCRIMINATION WITH RESPECT 

2 TO TRAVEL POLICIES AT THE INTER3 NATIONAL FINANCIAL INSTITUTIONS. 

4 (a) IN GENERAL.—The Secretary shall instruct the 

5 United States Executive Director at each international fi6 nancial institution to use the voice and vote of the United 

7 States to ensure that the travel policies and procedures 

8 of the respective institution with respect to Taiwan as a 

9 destination or transit point do not impose any administra10 tive conditions, including through restrictions on logistical 

11 arrangements or meeting participants, that do not gen12 erally apply to a member country of the institution as a 

13 destination or transit point, except as required temporarily 

14 for reasons of public safety or public health. 

15 (b) DEFINITIONS.—In this section: 

16 (1) INTERNATIONAL FINANCIAL INSTITU17 TION.—The term ‘‘international financial institu18 tion’’ has the meaning given the term in section 

19 1701(c)(2) of the International Financial Institu20 tions Act. 

21 (2) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of the Treasury. 

23 (c) WAIVER.—The Secretary may waive subsection 

24 (a) with respect to an international financial institution 

25 for up to 1 year at a time on reporting to the Congress 

26 that providing the waiver— 


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1 (1) will substantially promote the objective of 

2 securing more equitable treatment of Taiwan at the 

3 international financial institution; or 

4 (2) is in the national interest of the United 

5 States, with a detailed explanation of the reasons 

6 therefor. 

7 (d) PROGRESS REPORT.—The Chairman of the Na8 tional Advisory Council on International Monetary and Fi9 nancial Policies shall submit to the Congress an annual 

10 report that describes the progress made in advancing the 

11 travel policies and procedures described in subsection (a), 

12 and may consolidate that report with the annual report 

13 required by section 1701 of the International Financial 

14 Institutions Act or any other report required to be sub15 mitted to the Secretary. 

16 (e) SUNSET.—This section shall have no force or ef17 fect beginning with the earlier of— 

18 (1) the date that is 7 years after the date of the 

19 enactment of this Act; or 

20 (2) the date on which the Secretary reports to 

21 the Congress that each international financial insti22 tution has adopted the travel policies and procedures 

23 described in subsection (a). 


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1 SEC. 910. TESTIMONY REQUIREMENT. 

2 In each of the next 7 years in which the Secretary 

3 of the Treasury is required by section 1705(b) of the 

4 International Financial Institutions Act to present testi5 mony, the Secretary shall include in the testimony a de6 scription of the efforts of the United States to support 

7 the greatest participation practicable by Taiwan at each 

8 international financial institution (as defined in section 

9 1701(c)(2) of such Act). 

10 SEC. 911. STATEMENT OF UNITED STATES POLICY REGARD11 ING THE DOLLAR. 

12 It is the policy of the United States to facilitate the 

13 position of the dollar as the primary global reserve cur14 rency, including through vigorous support of— 

15 (1) deep, open, and transparent financial mar16 kets; 

17 (2) continuous improvements to domestic and 

18 international payment methods that facilitate dollar 

19 transactions; 

20 (3) sound macroeconomic governance and a 

21 rules-based system of international trade; and 

22 (4) clear and realistic objectives in the deploy23 ment of financial restrictions arising from national 

24 security considerations. 


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1 SEC. 912. REPORT ON DOLLAR STRATEGY. 

2 (a) IN GENERAL.—The Secretary of the Treasury (in 

3 this section referred to as the ‘‘Secretary’’) shall establish 

4 a strategy that implements the policy described in section 

5 2. 

6 (b) CONSULTATION.—The Secretary shall, as appro7 priate, consult with the Board of Governors of the Federal 

8 Reserve System when establishing the strategy pursuant 

9 to subsection (a). 

10 (c) REPORT.—Not later than 180 days after the date 

11 of the enactment of this section, the Secretary shall sub12 mit to the Committee on Financial Services of the House 

13 of Representatives and the Committee on Banking, Hous14 ing, and Urban Affairs of the Senate a report that de15 scribes— 

16 (1) the strategy established by the Secretary 

17 pursuant to subsection (a); 

18 (2) key measures taken by the Secretary to im19 plement the strategy; 

20 (3) any legislative recommendations that would 

21 strengthen the ability of the United States to ad22 vance the policy described in section 2; 

23 (4) a description of efforts by major foreign 

24 central banks, including the People’s Bank of China, 

25 to create an official digital currency, as well as any 


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1 risks to the national interest of the United States 

2 posed by such efforts; 

3 (5) the status of efforts to assess or develop an 

4 official United States digital currency by the Board 

5 of Governors of the Federal Reserve System; and 

6 (6) any implications for the strategy established 

7 by the Secretary pursuant to subsection (a) arising 

8 from the relative state of development of an official 

9 digital currency by the United States and other na10 tions, including the People’s Republic of China. 

11 (d) RENMINBI ASSESSMENT.—The report described 

12 in subsection (c) shall— 

13 (1) evaluate the role of the renminbi in inter14 national payments and foreign exchange reserves; 

15 (2) assess currency-related policies in China, in16 cluding— 

17 (A) the provision of Chinese government18 backed assets; 

19 (B) the extension of credit abroad by the 

20 Chinese government; and 

21 (C) the development of cross-border pay22 ment systems as tools to advance strategic ob23 jectives of the government of the People’s Re24 public of China; and 


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1 (3) recommend policy options aimed at miti2 gating medium-term and long-term risks to the na3 tional interest of the United States that may arise 

4 as a result of the internationalization of the 

5 renminbi. 

6 (e) ANNUAL UPDATES.—After submitting an initial 

7 report in accordance with subsection (c), the Secretary 

8 shall submit, to the Committee on Financial Services of 

9 the House of Representatives and the Committee on 

10 Banking, Housing, and Urban Affairs of the Senate, an 

11 updated version of such report each year. 

12 SEC. 913. SUNSET. 

13 Section 912 shall have no force or effect after the 

14 date that is 7 years after the date of the enactment of 

15 this Act. 

16 TITLE X—OFFSETS 

17 SEC. 1001. RESCISSION OF CERTAIN FEDERAL FUNDS AP18 PROPRIATED FOR STATE, CITY, LOCAL, AND 

19 TRIBAL GOVERNMENTS. 

20 Notwithstanding any other provision of law, the total 

21 amount of unobligated funds available under any of sec22 tions 601 through 603 of title VI of the Social Security 

23 Act are hereby permanently rescinded. 


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1 TITLE XI—NATIONAL SECURITY 

2 AUTHORIZATIONS 

3 SEC. 1101. AUTHORIZATION TO HIRE ADDITIONAL STAFF 

4 FOR THE OFFICE OF FOREIGN ASSET CON5 TROL OF THE DEPARTMENT OF THE TREAS6 URY. 

7 The Secretary of the Treasury, acting through the 

8 Director of the Office of Foreign Assets Control, is au9 thorized to hire an additional 10 full-time employees to 

10 carry out activities of the Office associated with the Peo11 ple’s Republic of China. 

12 SEC. 1102. AUTHORIZATION TO HIRE ADDITIONAL STAFF 

13 FOR THE OFFICE OF CUSTOMS AND BORDER 

14 PROTECTION FORCE LABOR ACTIVITIES. 

15 The Director of the Office of Trade is authorized to 

16 hire an additional 28 full-time employees for carrying out 

17 section 307 of the Tariff Act of 1930 (19 U.S.C. 1307). 

18 SEC. 1103. AUTHORIZATION FOR THE DEPARTMENT OF JUS19 TICE’S CHINA INITIATIVE. 

20 (a) IN GENERAL.—Not later than 90 days after the 

21 date of the enactment of this section, the Attorney General 

22 shall establish an initiative to be known as the ‘‘China Ini23 tiative’’, which shall be carried out by Assistant Attorney 

24 General for National Security (hereinafter in this Act re25 ferred to as the ‘‘AAGNS’’) to counter and deter the wide 


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1 range of national security threats posed by the policies and 

2 practices of the People’s Republic of China (PRC) govern3 ment. 

4 (b) STAFF.—The Assistant Attorney General for Na5 tional Security is authorized to direct employees assigned 

6 to the National Security Division of the Department of 

7 Justice to assist with the China Initiative and shall hire 

8 an additional 10 full-time employees to carry out activities 

9 of the China Initiative. 

10 TITLE XII—FENTANYL 

11 SEC. 1201. IMPORTS PROHIBITION. 

12 (a) IN GENERAL.—The President shall take such 

13 steps as may be necessary to ban the importation into the 

14 United States of any goods produced by a company the 

15 President determines is a Chinese company producing 

16 fentanyl precursors. 

17 (b) WAIVER.—The prohibition under subsection (a) 

18 may be waived on a case-by-case basis if the President, 

19 acting through the Director of National Intelligence, the 

20 Attorney General, the Administrator of the Drug Enforce21 ment Administration, and the Secretary of State, certifies 

22 to Congress that the company that is the subject of such 

23 waiver is proactively cooperating with United States ef24 forts to interdict and identify shipments of fentanyl pre25 cursors to cartels. 


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1 SEC. 1202. STOP CCP FENTANYL. 

2 (a) SHORT TITLE.—This section may be cited as the 

3 ‘‘Stop CCP Fentanyl Act’’. 

4 (b) FINDINGS.—Congress finds the following: 

5 (1) According to the Drug Enforcement Admin6 istration, the People’s Republic of China remains the 

7 number one source of fentanyl precursor chemicals, 

8 which are then processed and manufactured into 

9 synthetic opioids by Mexican drug cartels to bring 

10 into the United States. 

11 (2) Of the more than 100,000 drug overdose-re12 lated deaths in the United States in 2021, roughly 

13 64,000 were from illicit fentanyl which is more than 

14 double the number of such deaths since 2019. 

15 (3) Almost 100 percent of fentanyl derives from 

16 precursor drugs from China. 

17 (4) The amount of fentanyl seized by U.S. Cus18 toms and Border Protection skyrocketed from 2020 

19 to 2022. In the fiscal year 2022, U.S. Customs and 

20 Border Protection seized a record 14,700 pounds of 

21 fentanyl, compared with 11,200 pounds in 2021 and 

22 4,800 pounds in 2020. 

23 (c) IMPOSITION OF SANCTIONS ON THE GOVERN24 MENT OF THE PEOPLE’S REPUBLIC OF CHINA.— 

25 (1) IN GENERAL.—On and after the date that 

26 is 120 days after the date of the enactment of this 


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1 Act, the President shall impose the sanctions de2 scribed in this subsection with respect to— 

3 (A) the President of the People’s Republic 

4 of China; 

5 (B) the Chairman of the Chinese Com6 munist Party; 

7 (C) the State Council of the People’s Re8 public of China; and 

9 (D) the Politburo Standing Committee of 

10 the People’s Republic of China. 

11 (2) WAIVER.—The President may waive the ap12 plication of sanctions under paragraph (1) if the 

13 President submits to the appropriate congressional 

14 committees a written determination that— 

15 (A) the People’s Republic of China and 

16 Chinese Communist Party have taken all rea17 sonable measures to prevent the flow of 

18 fentanyl produced within the People’s Republic 

19 of China into the United States, including 

20 through implementing and enforcing laws con21 trolling and restricting the export of fentanyl 

22 precursors such as— 

23 (i) N–Phenethyl-4-piperidone (NPP) 

24 4–Anilino-N phenethylpiperidine (ANPP) 


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1 N–Phenyl-4-piperidinamine (4–AP) tert2 Butyl 4-(phenylamino); and 

3 (ii) piperidine-1-carboxylate (boc-4– 

4 AP) norfentanyl; and 

5 (B) the intelligence community (as such 

6 term is defined in the National Security Act of 

7 1947), in consultation with the Department of 

8 Homeland Security and the Department of Jus9 tice, has determined that the supply of fentanyl 

10 of Chinese origin in the United States and the 

11 number of deaths of United States persons due 

12 to overdoses of such fentanyl have each been re13 duced by at least 98 percent during the most14 recent 18-month period as compared to the im15 mediately preceding 18-month period. 

16 (3) PENALTIES.—A person that violates, at17 tempts to violate, conspires to violate, or causes a 

18 violation of paragraph (1) or any regulation, license, 

19 or order issued to carry out paragraph (1) shall be 

20 subject to the penalties set forth in subsections (b) 

21 and (c) of section 206 of the International Emer22 gency Economic Powers Act (50 U.S.C. 1705) to the 

23 same extent as a person that commits an unlawful 

24 act described in subsection (a) of that section. 

25 (d) SANCTIONS DESCRIBED.— 


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1 (1) IN GENERAL.—The sanctions described in 

2 this section are the following: 

3 (A) BLOCKING OF PROPERTY.—The Presi4 dent shall exercise all of the powers granted to 

5 the President under the International Emer6 gency Economic Powers Act (50 U.S.C. 1701 et 

7 seq.) to the extent necessary to block and pro8 hibit all transactions in property and interests 

9 in property of the person if such property and 

10 interests in property are in the United States, 

11 come within the United States, or are or come 

12 within the possession or control of a United 

13 States person. 

14 (B) ALIENS INELIGIBLE FOR VISAS, AD15 MISSION, OR PAROLE.— 

16 (i) VISAS, ADMISSION, OR PAROLE.— 

17 An alien who the Secretary of State or the 

18 Secretary of Homeland Security (or a des19 ignee of one of such Secretaries) knows, or 

20 has reason to believe, has knowingly en21 gaged in any activity described in para22 graph (1) is— 

23 (I) inadmissible to the United 

24 States; 


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1 (II) ineligible to receive a visa or 

2 other documentation to enter the 

3 United States; and 

4 (III) otherwise ineligible to be 

5 admitted or paroled into the United 

6 States or to receive any other benefit 

7 under the Immigration and Nation8 ality Act (8 U.S.C. 1101 et seq.). 

9 (ii) CURRENT VISAS REVOKED.— 

10 (I) IN GENERAL.—The issuing 

11 consular officer, the Secretary of 

12 State, or the Secretary of Homeland 

13 Security (or a designee of one of such 

14 Secretaries) shall, in accordance with 

15 section 221(i) of the Immigration and 

16 Nationality Act (8 U.S.C. 1201(i)), 

17 revoke any visa or other entry docu18 mentation issued to an alien described 

19 in subparagraph (A) regardless of 

20 when the visa or other entry docu21 mentation is issued. 

22 (II) EFFECT OF REVOCATION.— 

23 A revocation under subclause (I) shall 

24 take effect immediately and shall 

25 automatically cancel any other valid 


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1 visa or entry documentation that is in 

2 the alien’s possession. 

3 (2) EXCEPTIONS.— 

4 (A) UNITED NATIONS HEADQUARTERS

5 AGREEMENT.—The sanctions described under 

6 paragraph (1)(B) shall not apply with respect 

7 to an alien if admitting or paroling the alien 

8 into the United States is necessary to permit 

9 the United States to comply with the Agree10 ment regarding the Headquarters of the United 

11 Nations, signed at Lake Success June 26, 

12 1947, and entered into force November 21, 

13 1947, between the United Nations and the 

14 United States, or other applicable international 

15 obligations. 

16 (B) EXCEPTION FOR INTELLIGENCE, LAW

17 ENFORCEMENT, AND NATIONAL SECURITY AC18 TIVITIES.—Sanctions under paragraph (1) shall 

19 not apply to any authorized intelligence, law en20 forcement, or national security activities of the 

21 United States. 

22 (C) EXCEPTION RELATING TO IMPORTA23 TION OF GOODS.— 

24 (i) IN GENERAL.—Notwithstanding 

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1 thorities and requirements to impose sanc2 tions under this section shall not include 

3 the authority or a requirement to impose 

4 sanctions on the importation of goods. 

5 (ii) GOOD DEFINED.—In this para6 graph, the term ‘‘good’’ means any article, 

7 natural or man-made substance, material, 

8 supply or manufactured product, including 

9 inspection and test equipment, and exclud10 ing technical data. 

11 (e) RIGHT OF ACTION TO SEIZE PRIVATE ASSETS.— 

12 (1) IN GENERAL.—Notwithstanding chapter 97 

13 of title 28, United States Code (commonly referred 

14 to as the ‘‘Foreign Sovereign Immunities Act’’), a 

15 national of the United States or an alien lawfully ad16 mitted for permanent residence in the United States 

17 who is an immediate family member of a covered in18 dividual may bring an action in an appropriate dis19 trict court of the United States against a covered 

20 Chinese official or against China for harm suffered 

21 as a result of the covered individual’s death seeking 

22 money damages. Any property that is blocked pursu23 ant to subsection (d)(1)(A) may be used to satisfy 

24 a judgment under this subsection. 

25 (2) DEFINITIONS.—In this subsection: 


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1 (A) The term ‘‘covered individual’’ means 

2 an individual who dies from an overdose 

3 (whether accidental or intentional) of fentanyl, 

4 or any analogue of fentanyl, that was manufac5 tured from fentanyl precursors that originated 

6 in China and were imported into the United 

7 States. 

8 (B) The term ‘‘covered Chinese official’’ 

9 means— 

10 (i) the President of the People’s Re11 public of China; 

12 (ii) the Chairman of the Chinese Com13 munist Party; and 

14 (iii) the Politburo Standing Com15 mittee of the People’s Republic of China, 

16 or any member thereof. 

17 (C) The term ‘‘immediate family member’’ 

18 means a spouse, parent, stepparent, foster par19 ent, child, stepchild, foster child, grandparent, 

20 grandchild, brother, or sister. 


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1 TITLE XIII—ENERGY 

2 SEC. 1301. SECURING AMERICA’S CRITICAL MINERALS SUP3 PLY. 

4 (a) AMENDMENT TO THE DEPARTMENT OF ENERGY

5 ORGANIZATION ACT.—The Department of Energy Orga6 nization Act (42 U.S.C. 7101 et seq.) is amended— 

7 (1) in section 2, by adding at the end the fol8 lowing: 

9 ‘‘(d) As used in sections 102(20) and 203(a)(12), the 

10 term ‘critical energy resource’ means any energy re11 source— 

12 ‘‘(1) that is essential to the energy sector and 

13 energy systems of the United States; and 

14 ‘‘(2) the supply chain of which is vulnerable to 

15 disruption.’’; 

16 (2) in section 102, by adding at the end the fol17 lowing: 

18 ‘‘(20) To ensure there is an adequate and reli19 able supply of critical energy resources that are es20 sential to the energy security of the United States.’’; 

21 and 

22 (3) in section 203(a), by adding at the end the 

23 following: 

24 ‘‘(12) Functions that relate to securing the sup25 ply of critical energy resources, including identifying 


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1 and mitigating the effects of a disruption of such 

2 supply on— 

3 ‘‘(A) the development and use of energy 

4 technologies; and 

5 ‘‘(B) the operation of energy systems.’’. 

6 (b) SECURING CRITICAL ENERGY RESOURCE SUPPLY

7 CHAINS.— 

8 (1) IN GENERAL.—In carrying out the require9 ments of the Department of Energy Organization 

10 Act (42 U.S.C. 7101 et seq.), the Secretary of En11 ergy, in consultation with the appropriate Federal 

12 agencies, representatives of the energy sector, 

13 States, and other stakeholders, shall— 

14 (A) conduct ongoing assessments of— 

15 (i) energy resource criticality based on 

16 the importance of critical energy resources 

17 to the development of energy technologies 

18 and the supply of energy; 

19 (ii) the critical energy resource supply 

20 chain of the United States; 

21 (iii) the vulnerability of such supply 

22 chain; and 

23 (iv) how the energy security of the 

24 United States is affected by the reliance of 


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1 the United States on importation of critical 

2 energy resources; 

3 (B) facilitate development of strategies to 

4 strengthen critical energy resource supply 

5 chains in the United States, including by— 

6 (i) diversifying the sources of the sup7 ply of critical energy resources; and 

8 (ii) increasing domestic production, 

9 separation, and processing of critical en10 ergy resources; 

11 (C) develop substitutes and alternatives to 

12 critical energy resources; and 

13 (D) improve technology that reuses and re14 cycles critical energy resources. 

15 (2) REPORT.—Not later than 1 year after the 

16 date of enactment of this Act, and annually there17 after, the Secretary of Energy shall submit to Con18 gress a report containing— 

19 (A) the results of the ongoing assessments 

20 conducted under paragraph (1)(A); 

21 (B) a description of any actions taken pur22 suant to the Department of Energy Organiza23 tion Act to mitigate potential effects of critical 

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1 ergy technologies or the operation of energy 

2 systems; and 

3 (C) any recommendations relating to 

4 strengthening critical energy resource supply 

5 chains that are essential to the energy security 

6 of the United States. 

7 (3) CRITICAL ENERGY RESOURCE DEFINED.— 

8 In this section, the term ‘‘critical energy resource’’ 

9 has the meaning given such term in section 2 of the 

10 Department of Energy Organization Act (42 U.S.C. 

11 7101). 

12 SEC. 1302. INTERIM HAZARDOUS WASTE PERMITS FOR 

13 CRITICAL ENERGY RESOURCE FACILITIES. 

14 Section 3005(e) of the Solid Waste Disposal Act (42 

15 U.S.C. 6925(e)) is amended— 

16 (1) in paragraph (1)(A)— 

17 (A) in clause (i), by striking ‘‘or’’ at the 

18 end; 

19 (B) in clause (ii), by inserting ‘‘or’’ after 

20 ‘‘this section,’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(iii) is a critical energy resource fa23 cility,’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(4) DEFINITIONS.—For the purposes of this 

2 subsection: 

3 ‘‘(A) CRITICAL ENERGY RESOURCE.—The 

4 term ‘critical energy resource’ means, as deter5 mined by the Secretary of Energy, any energy 

6 resource— 

7 ‘‘(i) that is essential to the energy sec8 tor and energy systems of the United 

9 States; and 

10 ‘‘(ii) the supply chain of which is vul11 nerable to disruption. 

12 ‘‘(B) CRITICAL ENERGY RESOURCE FACIL13 ITY.—The term ‘critical energy resource facil14 ity’ means a facility that processes or refines a 

15 critical energy resource.’’. 

16 SEC. 1303. NATIONAL SECURITY OR ENERGY SECURITY 

17 WAIVERS TO PRODUCE CRITICAL ENERGY 

18 RESOURCES. 

19 (a) CLEAN AIR ACT REQUIREMENTS.— 

20 (1) IN GENERAL.—If the Administrator of the 

21 Environmental Protection Agency, in consultation 

22 with the Secretary of Energy, determines that, by 

23 reason of a sudden increase in demand for, or a 

24 shortage of, a critical energy resource, or another 

25 cause, the processing or refining of a critical energy 


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1 resource at a critical energy resource facility is nec2 essary to meet the national security or energy secu3 rity needs of the United States, then the Adminis4 trator may, with or without notice, hearing, or other 

5 report, issue a temporary waiver of any requirement 

6 under the Clean Air Act (42 U.S.C. 7401 et seq.) 

7 with respect to such critical energy resource facility 

8 that, in the judgment of the Administrator, will 

9 allow for such processing or refining at such critical 

10 energy resource facility as necessary to best meet 

11 such needs and serve the public interest. 

12 (2) CONFLICT WITH OTHER ENVIRONMENTAL

13 LAWS.—The Administrator shall ensure that any 

14 waiver of a requirement under the Clean Air Act 

15 under this subsection, to the maximum extent prac16 ticable, does not result in a conflict with a require17 ment of any other applicable Federal, State, or local 

18 environmental law or regulation and minimizes any 

19 adverse environmental impacts. 

20 (3) VIOLATIONS OF OTHER ENVIRONMENTAL

21 LAWS.—To the extent any omission or action taken 

22 by a party under a waiver issued under this sub23 section is in conflict with any requirement of a Fed24 eral, State, or local environmental law or regulation, 

25 such omission or action shall not be considered a 


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1 violation of such environmental law or regulation, or 

2 subject such party to any requirement, civil or crimi3 nal liability, or a citizen suit under such environ4 mental law or regulation. 

5 (4) EXPIRATION AND RENEWAL OF WAIVERS.— 

6 A waiver issued under this subsection shall expire 

7 not later than 90 days after it is issued. The Admin8 istrator may renew or reissue such waiver pursuant 

9 to paragraphs (1) and (2) for subsequent periods, 

10 not to exceed 90 days for each period, as the Admin11 istrator determines necessary to meet the national 

12 security or energy security needs described in para13 graph (1) and serve the public interest. In renewing 

14 or reissuing a waiver under this paragraph, the Ad15 ministrator shall include in any such renewed or re16 issued waiver such conditions as are necessary to 

17 minimize any adverse environmental impacts to the 

18 extent practicable. 

19 (5) SUBSEQUENT ACTION BY COURT.—If a 

20 waiver issued under this subsection is subsequently 

21 stayed, modified, or set aside by a court pursuant a 

22 provision of law, any omission or action previously 

23 taken by a party under the waiver while the waiver 

24 was in effect shall remain subject to paragraph (3). 


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1 (6) CRITICAL ENERGY RESOURCE; CRITICAL EN2 ERGY RESOURCE FACILITY DEFINED.—The terms 

3 ‘‘critical energy resource’’ and ‘‘critical energy re4 source facility’’ have the meanings given such terms 

5 in section 3025(f) of the Solid Waste Disposal Act 

6 (as added by this section). 

7 (b) SOLID WASTE DISPOSAL ACT REQUIREMENTS.— 

8 (1) HAZARDOUS WASTE MANAGEMENT.—The 

9 Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 

10 is amended by inserting after section 3024 the fol11 lowing: 

12 ‘‘SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE 

13 FACILITIES. 

14 ‘‘(a) IN GENERAL.—If the Administrator, in con15 sultation with the Secretary of Energy, determines that, 

16 by reason of a sudden increase in demand for, or a short17 age of, a critical energy resource, or another cause, the 

18 processing or refining of a critical energy resource at a 

19 critical energy resource facility is necessary to meet the 

20 national security or energy security needs of the United 

21 States, then the Administrator may, with or without no22 tice, hearing, or other report, issue a temporary waiver 

23 of any covered requirement with respect to such critical 

24 energy resource facility that, in the judgment of the Ad25 ministrator, will allow for such processing or refining at 


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1 such critical energy resource facility as necessary to best 

2 meet such needs and serve the public interest. 

3 ‘‘(b) CONFLICT WITH OTHER ENVIRONMENTAL

4 LAWS.—The Administrator shall ensure that any waiver 

5 of a covered requirement under this section, to the max6 imum extent practicable, does not result in a conflict with 

7 a requirement of any other applicable Federal, State, or 

8 local environmental law or regulation and minimizes any 

9 adverse environmental impacts. 

10 ‘‘(c) VIOLATIONS OF OTHER ENVIRONMENTAL

11 LAWS.—To the extent any omission or action taken by 

12 a party under a waiver issued under this section is in con13 flict with any requirement of a Federal, State, or local 

14 environmental law or regulation, such omission or action 

15 shall not be considered a violation of such environmental 

16 law or regulation, or subject such party to any require17 ment, civil or criminal liability, or a citizen suit under such 

18 environmental law or regulation. 

19 ‘‘(d) EXPIRATION AND RENEWAL OF WAIVERS.—A 

20 waiver issued under this section shall expire not later than 

21 90 days after it is issued. The Administrator may renew 

22 or reissue such waiver pursuant to subsections (a) and (b) 

23 for subsequent periods, not to exceed 90 days for each pe24 riod, as the Administrator determines necessary to meet 

25 the national security or energy security needs described 


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1 in subsection (a) and serve the public interest. In renewing 

2 or reissuing a waiver under this subsection, the Adminis3 trator shall include in any such renewed or reissued waiver 

4 such conditions as are necessary to minimize any adverse 

5 environmental impacts to the extent practicable. 

6 ‘‘(e) SUBSEQUENT ACTION BY COURT.—If a waiver 

7 issued under this section is subsequently stayed, modified, 

8 or set aside by a court pursuant a provision of law, any 

9 omission or action previously taken by a party under the 

10 waiver while the waiver was in effect shall remain subject 

11 to subsection (c). 

12 ‘‘(f) DEFINITIONS.—In this section: 

13 ‘‘(1) COVERED REQUIREMENT.—The term ‘cov14 ered requirement’ means— 

15 ‘‘(A) any standard established under sec16 tion 3002, 3003, or 3004; 

17 ‘‘(B) the permit requirement under section 

18 3005; or 

19 ‘‘(C) any other requirement of this Act, as 

20 the Administrator determines appropriate. 

21 ‘‘(2) CRITICAL ENERGY RESOURCE.—The term 

22 ‘critical energy resource’ means, as determined by 

23 the Secretary of Energy, any energy resource— 

24 ‘‘(A) that is essential to the energy sector 

25 and energy systems of the United States; and 


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1 ‘‘(B) the supply chain of which is vulner2 able to disruption. 

3 ‘‘(3) CRITICAL ENERGY RESOURCE FACILITY.— 

4 The term ‘critical energy resource facility’ means a 

5 facility that processes or refines a critical energy re6 source.’’. 

7 (2) TABLE OF CONTENTS.—The table of con8 tents of the Solid Waste Disposal Act is amended by 

9 inserting after the item relating to section 3024 the 

10 following: 

‘‘Sec. 3025. Waivers for critical energy resource facilities.’’. 

11 SEC. 1304. ENSURING CONSIDERATION OF URANIUM AS A 

12 CRITICAL MINERAL. 

13 (a) IN GENERAL.—Section 7002(a)(3)(B)(i) of the 

14 Energy Act of 2020 (30 U.S.C. 1606(a)(3)(B)(i)) is 

15 amended to read as follows: 

16 ‘‘(i) oil, oil shale, coal, or natural 

17 gas;’’. 

18 (b) UPDATE.—Not later than 60 days after the date 

19 of the enactment of this section, the Secretary, acting 

20 through the Director of the United States Geological Sur21 vey, shall publish in the Federal Register an update to 

22 the final list established in section 7002(c)(3) of the En23 ergy Act of 2020 (30 U.S.C. 1606(c)(3)) in accordance 

24 with subsection (a) of this section. 


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1 (c) REPORT.—Not later than 180 days after the date 

2 of the enactment of this section, the Secretary, acting 

3 through the Director of the United States Geological Sur4 vey, in consultation with the Secretary of Energy, shall 

5 submit to the appropriate committees of Congress a report 

6 that includes the following: 

7 (1) The current status of uranium deposits in 

8 the United States with respect to the amount and 

9 quality of uranium contained in such deposits. 

10 (2) A comparison of the United States to the 

11 rest of the world with respect to the amount and 

12 quality of uranium contained in uranium deposits. 

13 (3) Policy considerations, including potential 

14 challenges, of utilizing the uranium from the depos15 its described in paragraph (1). 

16 D [ SEC. 1306. ACQUIRING SECURE SUPPLIERS 

17 TO UPHOLD RESILIENCE IN ELECTRIC VEHI18 CLES. 

19 (a) IN GENERAL.—No Federal funds are authorized 

20 to be appropriated or otherwise made available to procure 

21 any electric vehicle or component parts of an electric vehi22 cle manufactured by any of the following:]— 

23 (1) Contemporary Amperex Technology; 

24 (2) BYD Auto; 

25 (3) Envision Energy; 


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1 (4) EVE Energy; 

2 (5) Gotion High tech Company; 

3 (6) Hithium Energy Storage Technology; 

4 (7) any successor entity to such entities; and 

5 (8) any other Chinese entity determined to be 

6 a large electric vehicle or electric vehicle component 

7 parts manufacturer. 

8 (b) ONGOING REVIEW.—Not later than 120 days 

9 after the date of the enactment of this Act, and biannually 

10 thereafter until 2030, the President shall conduct a review 

11 to determine whether any entity, including an entity listed 

12 in subsection (a), should be included in the list of Chinese 

13 military companies required to be submitted under section 

14 1260H of the National Defense Authorization Act for Fis15 cal Year 2021 or the UFLPA entity list.]ø¿ 

16 TITLE XIV—MATTERS RELATED 

17 TO THE COMPACT OF FREE 

18 ASSOCIATION 

19 SEC. 1401. SHORT TITLE. 

20 This joint resolution may be cited as the ‘‘Compact 

21 of Free Association Amendments Act of 2024’’. 

22 SEC. 1402. FINDINGS. 

23 Congress finds the following: 

24 (1) The United States (in accordance with the 

25 Trusteeship Agreement for the Trust Territory of 


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1 the Pacific Islands, the United Nations Charter, and 

2 the objectives of the international trusteeship system 

3 of the United Nations) fulfilled its obligations to 

4 promote the development of the people of the Trust 

5 Territory toward self-government or independence, 

6 as appropriate, to the particular circumstances of 

7 the Trust Territory and the people of the Trust Ter8 ritory and the freely expressed wishes of the people 

9 concerned. 

10 (2) The United States, the Federated States of 

11 Micronesia, and the Republic of the Marshall Islands 

12 entered into the Compact of Free Association set 

13 forth in section 201 of the Compact of Free Associa14 tion Act of 1985 (48 U.S.C. 1901 note; Public Law 

15 99–239) and the United States and the Republic of 

16 Palau entered into the Compact of Free Association 

17 set forth in section 201 of Public Law 99–658 (48 

18 U.S.C. 1931 note) to create and maintain a close 

19 and mutually beneficial relationship. 

20 (3) The ‘‘Compact of Free Association, as 

21 amended, between the Government of the United 

22 States of America and the Government of the Fed23 erated States of Micronesia’’, the ‘‘Compact of Free 

24 Association, as amended, between the Government of 

25 the United States of America and the Government 


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1 of the Republic of the Marshall Islands’’, and related 

2 agreements were signed by the Government of the 

3 United States and the Governments of the Fed4 erated States of Micronesia and the Republic of the 

5 Marshall Islands and approved, as applicable, by sec6 tion 201 of the Compact of Free Association Amend7 ments Act of 2003 (48 U.S.C. 1921 note; Public 

8 Law 108–188). 

9 (4) The ‘‘Agreement between the Government 

10 of the United States of America and the Govern11 ment of the Republic of Palau Following the Com12 pact of Free Association Section 432 Review’’, was 

13 signed by the Government of the United States and 

14 the Government of the Republic of Palau on Sep15 tember 3, 2010, and amended on September 19, 

16 2018. 

17 (5) On May 22, 2023, the United States signed 

18 the ‘‘Agreement between the Government of the 

19 United States of America and the Government of 

20 the Republic of Palau Resulting From the 2023 

21 Compact of Free Association Section 432 Review’’. 

22 (6) On May 23, 2023, the United States signed 

23 3 agreements related to the U.S.-FSM Compact of 

24 Free Association, including an Agreement to Amend 

25 the Compact, as amended, a new fiscal procedures 


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1 agreement, and a new trust fund agreement and on 

2 September 28, 2023, the United States signed a 

3 Federal Programs and Services agreement related to 

4 the U.S.-FSM Compact of Free Association. 

5 (7) On October 16, 2023, the United States 

6 signed 3 agreements relating to the U.S.-RMI Com7 pact of Free Association, including an Agreement to 

8 Amend the Compact, as amended, a new fiscal pro9 cedures agreement, and a new trust fund agreement. 

10 SEC. 1403. DEFINITIONS. 

11 In this joint resolution: 

12 (1) 1986 COMPACT.—The term ‘‘1986 Com13 pact’’ means the Compact of Free Association be14 tween the Government of the United States and the 

15 Governments of the Marshall Islands and the Fed16 erated States of Micronesia set forth in section 201 

17 of the Compact of Free Association Act of 1985 (48 

18 U.S.C. 1901 note; Public Law 99–239). 

19 (2) 2003 AMENDED U.S.-FSM COMPACT.—The 

20 term ‘‘2003 Amended U.S.-FSM Compact’’ means 

21 the Compact of Free Association amending the 1986 

22 Compact entitled the ‘‘Compact of Free Association, 

23 as amended, between the Government of the United 

24 States of America and the Government of the Fed25 erated States of Micronesia’’ set forth in section 


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1 201(a) of the Compact of Free Association Amend2 ments Act of 2003 (48 U.S.C. 1921 note; Public 

3 Law 108–188). 

4 (3) 2003 AMENDED U.S.-RMI COMPACT.—The 

5 term ‘‘2003 Amended U.S.-RMI Compact’’ means 

6 the Compact of Free Association amending the 1986 

7 Compact entitled ‘‘Compact of Free Association, as 

8 amended, between the Government of the United 

9 States of America and the Government of the Re10 public of the Marshall Islands’’ set forth in section 

11 201(b) of the Compact of Free Association Amend12 ments Act of 2003 (48 U.S.C. 1921 note; Public 

13 Law 108–188). 

14 (4) 2023 AGREEMENT TO AMEND THE U.S.-FSM

15 COMPACT.—The term ‘‘2023 Agreement to Amend 

16 the U.S.-FSM Compact’’ means the Agreement be17 tween the Government of the United States of 

18 America and the Government of the Federated 

19 States of Micronesia to Amend the Compact of Free 

20 Association, as Amended, done at Palikir May 23, 

21 2023. 

22 (5) 2023 AGREEMENT TO AMEND THE U.S.-RMI

23 COMPACT.—The term ‘‘2023 Agreement to Amend 

24 the U.S.-RMI Compact’’ means the Agreement be25 tween the Government of the United States of 


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1 America and the Government of the Republic of the 

2 Marshall Islands to Amend the Compact of Free As3 sociation, as Amended, done at Honolulu October 

4 16, 2023. 

5 (6) 2023 AMENDED U.S.-FSM COMPACT.—The 

6 term ‘‘2023 Amended U.S.-FSM Compact’’ means 

7 the 2003 Amended U.S.-FSM Compact, as amended 

8 by the 2023 Agreement to Amend the U.S.-FSM 

9 Compact. 

10 (7) 2023 AMENDED U.S.-RMI COMPACT.—The 

11 term ‘‘2023 Amended U.S.-RMI Compact’’ means 

12 the 2003 Amended U.S.-RMI Compact, as amended 

13 by the 2023 Agreement to Amend the U.S.-RMI 

14 Compact. 

15 (8) 2023 U.S.-FSM FEDERAL PROGRAMS AND

16 SERVICES AGREEMENT.—The term ‘‘2023 U.S.-FSM 

17 Federal Programs and Services Agreement’’ means 

18 the 2023 Federal Programs and Services Agreement 

19 between the Government of the United States of 

20 America and the Government of the Federated 

21 States of Micronesia, done at Washington September 

22 28, 2023. 

23 (9) 2023 U.S.-FSM FISCAL PROCEDURES AGREE24 MENT.—The term ‘‘2023 U.S.-FSM Fiscal Proce25 dures Agreement’’ means the Agreement Concerning 


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1 Procedures for the Implementation of United States 

2 Economic Assistance provided in the 2023 Amended 

3 U.S.-FSM Compact between the Government of the 

4 United States of America and the Government of 

5 the Federated States of Micronesia, done at Palikir 

6 May 23, 2023. 

7 (10) 2023 U.S.-FSM TRUST FUND AGREE8 MENT.—The term ‘‘2023 U.S.-FSM Trust Fund 

9 Agreement’’ means the Agreement between the Gov10 ernment of the United States of America and the 

11 Government of the Federated States of Micronesia 

12 Regarding the Compact Trust Fund, done at Palikir 

13 May 23, 2023. 

14 (11) 2023 U.S.-PALAU COMPACT REVIEW

15 AGREEMENT.—The term ‘‘2023 U.S.-Palau Compact 

16 Review Agreement’’ means the Agreement between 

17 the Government of the United States of America 

18 and the Government of the Republic of Palau Re19 sulting From the 2023 Compact of Free Association 

20 Section 432 Review, done at Port Moresby May 22, 

21 2023. 

22 (12) 2023 U.S.-RMI FISCAL PROCEDURES

23 AGREEMENT.—The term ‘‘2023 U.S.-RMI Fiscal 

24 Procedures Agreement’’ means the Agreement Con25 cerning Procedures for the Implementation of 


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1 United States Economic Assistance Provided in the 

2 2023 Amended Compact Between the Government of 

3 the United States of America and the Government 

4 of the Republic of the Marshall Islands, done at 

5 Honolulu October 16, 2023. 

6 (13) 2023 U.S.-RMI TRUST FUND AGREE7 MENT.—The term ‘‘2023 U.S.-RMI Trust Fund 

8 Agreement’’ means the Agreement between the Gov9 ernment of the United States of America and the 

10 Government of the Republic of the Marshall Islands 

11 Regarding the Compact Trust Fund, done at Hono12 lulu October 16, 2023. 

13 (14) APPROPRIATE COMMITTEES OF CON14 GRESS.—The term ‘‘appropriate committees of Con15 gress’’ means— 

16 (A) the Committee on Energy and Natural 

17 Resources of the Senate; 

18 (B) the Committee on Foreign Relations of 

19 the Senate; 

20 (C) the Committee on Natural Resources 

21 of the House of Representatives; and 

22 (D) the Committee on Foreign Affairs of 

23 the House of Representatives. 

24 (15) FREELY ASSOCIATED STATES.—The term 

25 ‘‘Freely Associated States’’ means— 


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1 (A) the Federated States of Micronesia; 

2 (B) the Republic of the Marshall Islands; 

3 and 

4 (C) the Republic of Palau. 

5 (16) SUBSIDIARY AGREEMENT.—The term 

6 ‘‘subsidiary agreement’’ means any of the following: 

7 (A) The 2023 U.S.-FSM Federal Pro8 grams and Services Agreement. 

9 (B) The 2023 U.S.-FSM Fiscal Proce10 dures Agreement. 

11 (C) The 2023 U.S.-FSM Trust Fund 

12 Agreement. 

13 (D) The 2023 U.S.-RMI Fiscal Procedures 

14 Agreement. 

15 (E) The 2023 U.S.-RMI Trust Fund 

16 Agreement. 

17 (F) Any Federal Programs and Services 

18 Agreement in force between the United States 

19 and the Republic of the Marshall Islands. 

20 (G) Any Federal Programs and Services 

21 Agreement in force between the United States 

22 and the Republic of Palau. 

23 (H) Any other agreement that the United 

24 States may from time-to-time enter into with 

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1 cronesia, the Government of the Republic of 

2 Palau, or the Government of the Republic of 

3 the Marshall Islands, in accordance with— 

4 (i) The 2023 Amended U.S.-FSM 

5 Compact; 

6 (ii) The 2023 U.S.-Palau Compact 

7 Review Agreement; or 

8 (iii) The 2023 Amended U.S.-RMI 

9 Compact. 

10 (17) U.S.-PALAU COMPACT.—The term ‘‘U.S.- 

11 Palau Compact’’ means the Compact of Free Asso12 ciation between the United States and the Govern13 ment of Palau set forth in section 201 of Public 

14 Law 99–658 (48 U.S.C. 1931 note). 

15 SEC. 1404. APPROVAL OF 2023 AGREEMENT TO AMEND THE 

16 U.S.-FSM COMPACT, 2023 AGREEMENT TO 

17 AMEND THE U.S.-RMI COMPACT, 2023 U.S.- 

18 PALAU COMPACT REVIEW AGREEMENT, AND 

19 SUBSIDIARY AGREEMENTS. 

20 (a) FEDERATED STATES OF MICRONESIA.— 

21 (1) APPROVAL.—The 2023 Agreement to 

22 Amend the U.S.-FSM Compact and the 2023 U.S.- 

23 FSM Trust Fund Agreement, as submitted to Con24 gress on June 15, 2023, are approved and incor25 porated by reference. 


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1 (2) CONSENT OF CONGRESS.—Congress con2 sents to— 

3 (A) The 2023 U.S.-FSM Fiscal Procedures 

4 Agreement, as submitted to Congress on June 

5 15, 2023; and 

6 (B) The 2023 U.S.-FSM Federal Pro7 grams and Services Agreement. 

8 (3) AUTHORITY OF PRESIDENT.—Notwith9 standing section 101(f) of the Compact of Free As10 sociation Amendments Act of 2003 (48 U.S.C. 

11 1921(f)), the President is authorized to bring into 

12 force and implement the agreements described in 

13 paragraphs (1) and (2). 

14 (b) REPUBLIC OF THE MARSHALL ISLANDS.— 

15 (1) APPROVAL.—The 2023 Agreement to 

16 Amend the U.S.-RMI Compact and the 2023 U.S.- 

17 RMI Trust Fund Agreement, as submitted to Con18 gress on October 17, 2023, are approved and incor19 porated by reference. 

20 (2) CONSENT OF CONGRESS.—Congress con21 sents to the 2023 U.S.-RMI Fiscal Procedures 

22 Agreement as submitted to Congress on October 17, 

23 2023. 

24 (3) AUTHORITY OF PRESIDENT.—Notwith25 standing section 101(f) of the Compact of Free AsVerDate Sep 11 2014 16:25 May 16, 2024 Jkt 049200 PO 00000 Frm 00457 Fmt 6652 Sfmt 6201 E:\BILLS\H7476.IH H7476

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1 sociation Amendments Act of 2003 (48 U.S.C. 

2 1921(f)), the President is authorized to bring into 

3 force and implement the agreements described in 

4 paragraphs (1) and (2). 

5 (c) REPUBLIC OF PALAU.— 

6 (1) APPROVAL.—The 2023 U.S.-Palau Compact 

7 Review Agreement, as submitted to Congress on 

8 June 15, 2023, is approved. 

9 (2) AUTHORITY OF PRESIDENT.—The President 

10 is authorized to bring into force and implement the 

11 2023 U.S.-Palau Compact Review Agreement. 

12 (d) AMENDMENTS, CHANGES, OR TERMINATION TO

13 COMPACTS AND CERTAIN AGREEMENTS.— 

14 (1) IN GENERAL.—Any amendment to, change 

15 to, or termination of all or any part of the 2023 

16 Amended U.S.-FSM Compact, 2023 Amended U.S.- 

17 RMI Compact, or the U.S.-Palau Compact, by mu18 tual agreement or unilateral action of the Govern19 ment of the United States, shall not enter into force 

20 until the date on which Congress has incorporated 

21 the applicable amendment, change, or termination 

22 into an Act of Congress. 

23 (2) ADDITIONAL ACTIONS AND AGREEMENTS.— 

24 In addition to the Compacts described in paragraph 


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1 (1), the requirements of that paragraph shall apply 

2 to— 

3 (A) any action of the Government of the 

4 United States under the 2023 Amended U.S.- 

5 FSM Compact, 2023 Amended U.S.-RMI Com6 pact, or U.S.-Palau Compact, including an ac7 tion taken pursuant to section 431, 441, or 442 

8 of the 2023 Amended U.S.-FSM Compact, 

9 2023 Amended U.S.-RMI Compact, or U.S.- 

10 Palau Compact; and 

11 (B) any amendment to, change to, or ter12 mination of— 

13 (i) the agreement described in section 

14 462(a)(2) of the 2023 Amended U.S.-FSM 

15 Compact; 

16 (ii) the agreement described in section 

17 462(a)(5) of the 2023 Amended U.S.-RMI 

18 Compact; 

19 (iii) an agreement concluded pursuant 

20 to section 265 of the 2023 Amended U.S.- 

21 FSM Compact; 

22 (iv) an agreement concluded pursuant 

23 to section 265 of the 2023 Amended U.S.- 

24 RMI Compact; 


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1 (v) an agreement concluded pursuant 

2 to section 177 of the 2023 Amended U.S.- 

3 RMI Compact; 

4 (vi) Articles III and IV of the agree5 ment described in section 462(b)(6) of the 

6 2023 Amended U.S.-FSM Compact; 

7 (vii) Articles III, IV, and X of the 

8 agreement described in section 462(b)(6) 

9 of the 2023 Amended U.S.-RMI Compact; 

10 (viii) the agreement described in sec11 tion 462(h) of the U.S.-Palau Compact; 

12 and 

13 (ix) Articles VI, XV, and XVII of the 

14 agreement described in section 462(b)(7) 

15 of the 2023 Amended U.S.-FSM Compact 

16 and 2023 Amended U.S.-RMI Compact 

17 and section 462(i) of the U.S.-Palau Com18 pact. 

19 (e) ENTRY INTO FORCE OF FUTURE AMENDMENTS

20 TO SUBSIDIARY AGREEMENTS.—An agreement between 

21 the United States and the Government of the Federated 

22 States of Micronesia, the Government of the Republic of 

23 the Marshall Islands, or the Government of the Republic 

24 of Palau that would amend, change, or terminate any sub25 sidiary agreement or portion of a subsidiary agreement 


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1 (other than an amendment to, change to, or termination 

2 of an agreement described in subsection (d)) shall not 

3 enter into force until the date that is 90 days after the 

4 date on which the President has transmitted to the Presi5 dent of the Senate and the Speaker of the House of Rep6 resentatives— 

7 (1) the agreement to amend, change, or termi8 nate the subsidiary agreement; 

9 (2) an explanation of the amendment, change, 

10 or termination; 

11 (3) a description of the reasons for the amend12 ment, change, or termination; and 

13 (4) in the case of an agreement that would 

14 amend, change, or terminate any agreement de15 scribed in section 462(b)(3) of the 2023 Amended 

16 U.S.-FSM Compact or the 2023 Amended U.S.-RMI 

17 Compact, a statement by the Secretary of Labor 

18 that describes— 

19 (A) the necessity of the amendment, 

20 change, or termination; and 

21 (B) any impacts of the amendment, 

22 change, or termination. 

23 SEC. 1405. AGREEMENTS WITH FEDERATED STATES OF MI24 CRONESIA. 

25 (a) LAW ENFORCEMENT ASSISTANCE.— 


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1 (1) IN GENERAL.—Pursuant to sections 222 

2 and 224 of the 2023 Amended U.S.-FSM Compact, 

3 the United States shall provide nonreimbursable 

4 technical and training assistance, as appropriate, in5 cluding training and equipment for postal inspection 

6 of illicit drugs and other contraband, to enable the 

7 Government of the Federated States of Micronesia— 

8 (A) to develop and adequately enforce laws 

9 of the Federated States of Micronesia; and 

10 (B) to cooperate with the United States in 

11 the enforcement of criminal laws of the United 

12 States. 

13 (2) USE OF APPROPRIATED FUNDS.—Funds ap14 propriated pursuant to subsection (j) of section 105 

15 of the Compact of Free Association Amendments 

16 Act of 2003 (48 U.S.C. 1921d) (as amended by sec17 tion 1409(j)) may be used in accordance with section 

18 102(a) of the Compact of Free Association Amend19 ments Act of 2003 (48 U.S.C. 1921a(a)). 

20 (b) UNITED STATES APPOINTEES TO JOINT ECO21 NOMIC MANAGEMENT COMMITTEE.— 

22 (1) IN GENERAL.—The 3 United States ap23 pointees (which are composed of the United States 

24 chair and 2 other members from the Government of 

25 the United States) to the Joint Economic ManageVerDate Sep 11 2014 16:25 May 16, 2024 Jkt 049200 PO 00000 Frm 00462 Fmt 6652 Sfmt 6201 E:\BILLS\H7476.IH H7476

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1 ment Committee established under section 213 of 

2 the 2023 Amended U.S.-FSM Compact (referred to 

3 in this subsection as the ‘‘Committee’’) shall— 

4 (A) be voting members of the Committee; 

5 and 

6 (B) continue to be officers or employees of 

7 the Federal Government. 

8 (2) TERM; APPOINTMENT.—The 3 United 

9 States members of the Committee described in para10 graph (1) shall be appointed for a term of 2 years 

11 as follows: 

12 (A) 1 member shall be appointed by the 

13 Secretary of State, in consultation with the Sec14 retary of the Treasury. 

15 (B) 1 member shall be appointed by the 

16 Secretary of the Interior, in consultation with 

17 the Secretary of the Treasury. 

18 (C) 1 member shall be appointed by the 

19 Interagency Group on Freely Associated States 

20 established under section 1408(d)(1). 

21 (3) REAPPOINTMENT.—A United States mem22 ber of the Committee appointed under paragraph (2) 

23 may be reappointed for not more than 2 additional 

24 2-year terms. 


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1 (4) QUALIFICATIONS.—Not fewer than 2 

2 United States members of the Committee appointed 

3 under paragraph (2) shall be individuals who— 

4 (A) by reason of knowledge, experience, or 

5 training, are especially qualified in accounting, 

6 auditing, budget analysis, compliance, grant ad7 ministration, program management, or inter8 national economics; and 

9 (B) possess not less than 5 years of full10 time experience in accounting, auditing, budget 

11 analysis, compliance, grant administration, pro12 gram management, or international economics. 

13 (5) NOTICE.— 

14 (A) IN GENERAL.—Not later than 90 days 

15 after the date of appointment of a United 

16 States member of the Committee under para17 graph (2), the Secretary of the Interior shall 

18 notify the appropriate committees of Congress 

19 that an individual has been appointed as a vot20 ing member of the Committee under that para21 graph, including a statement prepared by the 

22 Secretary of the Interior attesting to the quali23 fications of the member described in paragraph 

24 (4), subject to subparagraph (B). 


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1 (B) REQUIREMENT.—For purposes of a 

2 statement required under subparagraph (A)— 

3 (i) in the case of a member appointed 

4 under paragraph (2)(A), the Secretary of 

5 the Interior shall compile information on 

6 the member provided to the Secretary of 

7 the Interior by the Secretary of State on 

8 request of the Secretary of the Interior; 

9 and 

10 (ii) in the case of a member appointed 

11 under paragraph (2)(C), the Secretary of 

12 the Interior shall compile information on 

13 the member provided to the Secretary of 

14 the Interior by the Interagency Group on 

15 Freely Associated States established under 

16 section 1408(d)(1) on request of the Sec17 retary of the Interior. 

18 (6) REPORTS TO CONGRESS.—Not later than 

19 90 days after the date on which the Committee re20 ceives or completes any report required under the 

21 2023 Amended U.S.-FSM Compact, or any related 

22 subsidiary agreement, the Secretary of the Interior 

23 shall submit the report to the appropriate commit24 tees of Congress. 


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1 (7) NOTICE TO CONGRESS.—Not later than 90 

2 days after the date on which the Government of the 

3 Federated States of Micronesia submits to the Com4 mittee a report required under the 2023 Amended 

5 U.S.-FSM Compact, or any related subsidiary agree6 ment, the Secretary of the Interior shall submit to 

7 the appropriate committees of Congress— 

8 (A) if the report is submitted by the appli9 cable deadline, written notice attesting that the 

10 report is complete and accurate; or 

11 (B) if the report is not submitted by the 

12 applicable deadline, written notice that the re13 port has not been timely submitted. 

14 (c) UNITED STATES APPOINTEES TO JOINT TRUST

15 FUND COMMITTEE.— 

16 (1) IN GENERAL.—The 3 United States voting 

17 members (which are composed of the United States 

18 chair and 2 other members from the Government of 

19 the United States) to the Joint Trust Fund Com20 mittee established pursuant to the agreement de21 scribed in section 462(b)(5) of the 2023 Amended 

22 U.S.-FSM Compact (referred to in this subsection as 

23 the ‘‘Committee’’) shall continue to be officers or 

24 employees of the Federal Government. 


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1 (2) TERM; APPOINTMENT.—The 3 United 

2 States members of the Committee described in para3 graph (1) shall be appointed for a term not more 

4 than 2 years as follows: 

5 (A) 1 member shall be appointed by the 

6 Secretary of State. 

7 (B) 1 member shall be appointed by the 

8 Secretary of the Interior. 

9 (C) 1 member shall be appointed by the 

10 Secretary of the Treasury. 

11 (3) REAPPOINTMENT.—A United States mem12 ber of the Committee appointed under paragraph (2) 

13 may be reappointed for not more than 2 additional 

14 2-year terms. 

15 (4) QUALIFICATIONS.—Not fewer than 2 mem16 bers of the Committee appointed under paragraph 

17 (2) shall be individuals who— 

18 (A) by reason of knowledge, experience, or 

19 training, are especially qualified in accounting, 

20 auditing, budget analysis, compliance, financial 

21 investment, grant administration, program 

22 management, or international economics; and 

23 (B) possess not less than 5 years of full24 time experience in accounting, auditing, budget 

25 analysis, compliance, financial investment, 


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1 grant administration, program management, or 

2 international economics. 

3 (5) NOTICE.— 

4 (A) IN GENERAL.—Not later than 90 days 

5 after the date of appointment of a United 

6 States member to the Committee under para7 graph (2), the Secretary of the Interior shall 

8 notify the appropriate committees of Congress 

9 that an individual has been appointed as a vot10 ing member of the Committee under that para11 graph, including a statement attesting to the 

12 qualifications of the member described in para13 graph (4), subject to subparagraph (B). 

14 (B) REQUIREMENT.—For purposes of a 

15 statement required under subparagraph (A)— 

16 (i) in the case of a member appointed 

17 under paragraph (2)(A), the Secretary of 

18 the Interior shall compile information on 

19 the member provided to the Secretary of 

20 the Interior by the Secretary of State on 

21 request of the Secretary of the Interior; 

22 and 

23 (ii) in the case of a member appointed 

24 under paragraph (2)(C), the Secretary of 

25 the Interior shall compile information on 


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1 the member provided to the Secretary of 

2 the Interior by the Secretary of the Treas3 ury on request of the Secretary of the Inte4 rior. 

5 (6) REPORTS TO CONGRESS.—Not later than 

6 90 days after the date on which the Committee re7 ceives or completes any report required under the 

8 2023 Amended U.S.-FSM Compact, or any related 

9 subsidiary agreement, the Secretary of the Interior 

10 shall submit the report to the appropriate commit11 tees of Congress. 

12 (7) NOTICE TO CONGRESS.—Not later than 90 

13 days after the date on which the Government of the 

14 Federated States of Micronesia submits to the Com15 mittee a report required under the 2023 Amended 

16 U.S.-FSM Compact, or any related subsidiary agree17 ment, the Secretary of the Interior shall submit to 

18 the appropriate committees of Congress— 

19 (A) if the report is submitted by the appli20 cable deadline, written notice attesting that the 

21 report is complete and accurate; or 

22 (B) if the report is not submitted by the 

23 applicable deadline, written notice that the re24 port has not been timely submitted. 


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1 SEC. 1406. AGREEMENTS WITH AND OTHER PROVISIONS 

2 RELATED TO THE REPUBLIC OF THE MAR3 SHALL ISLANDS. 

4 (a) LAW ENFORCEMENT ASSISTANCE.— 

5 (1) IN GENERAL.—Pursuant to sections 222 

6 and 224 of the 2023 Amended U.S.-RMI Compact, 

7 the United States shall provide nonreimbursable 

8 technical and training assistance, as appropriate, in9 cluding training and equipment for postal inspection 

10 of illicit drugs and other contraband, to enable the 

11 Government of the Republic of the Marshall Is12 lands— 

13 (A) to develop and adequately enforce laws 

14 of the Marshall Islands; and 

15 (B) to cooperate with the United States in 

16 the enforcement of criminal laws of the United 

17 States. 

18 (2) USE OF APPROPRIATED FUNDS.—Funds ap19 propriated pursuant to subsection (j) of section 105 

20 of the Compact of Free Association Amendments 

21 Act of 2003 (48 U.S.C. 1921d) (as amended by sec22 tion 1409(j)) may be used in accordance with section 

23 103(a) of the Compact of Free Association Amend24 ments Act of 2003 (48 U.S.C. 1921b(a)). 

25 (b) ESPOUSAL PROVISIONS.— 

26 (1) IN GENERAL.—Congress reaffirms that— 


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1 (A) section 103(g)(1) of the Compact of 

2 Free Association Act of 1985 (48 U.S.C. 

3 1903(g)(1)) and section 103(e)(1) of the Com4 pact of Free Association Amendments Act of 

5 2003 (48 U.S.C. 1921b(e)(1)) provided that ‘‘It 

6 is the intention of the Congress of the United 

7 States that the provisions of section 177 of the 

8 Compact of Free Association and the Agree9 ment between the Government of the United 

10 States and the Government of the Marshall Is11 lands for the Implementation of Section 177 of 

12 the Compact (hereafter in this subsection re13 ferred to as the ‘Section 177 Agreement’) con14 stitute a full and final settlement of all claims 

15 described in Articles X and XI of the Section 

16 177 Agreement, and that any such claims be 

17 terminated and barred except insofar as pro18 vided for in the Section 177 Agreement.’’; and 

19 (B) section 103(g)(2) of the Compact of 

20 Free Association Act of 1985 (48 U.S.C. 

21 1903(g)(2)) and section 103(e)(2) of the Com22 pact of Free Association Amendments Act of 

23 2003 (48 U.S.C. 1921b(e)(2)) provided that 

24 ‘‘In furtherance of the intention of Congress as 

25 stated in paragraph (1) of this subsection, the 


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1 Section 177 Agreement is hereby ratified and 

2 approved. It is the explicit understanding and 

3 intent of Congress that the jurisdictional limita4 tions set forth in Article XII of such Agreement 

5 are enacted solely and exclusively to accomplish 

6 the objective of Article X of such Agreement 

7 and only as a clarification of the effect of Arti8 cle X, and are not to be construed or imple9 mented separately from Article X.’’. 

10 (2) EFFECT.—Nothing in the 2023 Agreement 

11 to Amend the U.S.-RMI Compact affects the appli12 cation of the provisions of law reaffirmed by para13 graph (1). 

14 (c) CERTAIN SECTION 177 AGREEMENT PROVI15 SIONS.—Congress reaffirms that— 

16 (1) Article IX of the Agreement Between the 

17 Government of the United States and the Govern18 ment of the Marshall Islands for the Implementation 

19 of Section 177 of the Compact of Free Association, 

20 done at Majuro June 25, 1983, provided that ‘‘If 

21 loss or damage to property and person of the citi22 zens of the Marshall Islands, resulting from the Nu23 clear Testing Program, arises or is discovered after 

24 the effective date of this Agreement, and such inju25 ries were not and could not reasonably have been 


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1 identified as of the effective date of this Agreement, 

2 and if such injuries render the provisions of this 

3 Agreement manifestly inadequate, the Government 

4 of the Marshall Islands may request that the Gov5 ernment of the United States provide for such inju6 ries by submitting such a request to the Congress of 

7 the United States for its consideration. It is under8 stood that this Article does not commit the Congress 

9 of the United States to authorize and appropriate 

10 funds.’’; and 

11 (2) section 3(a) of Article XIII of the agree12 ment described in paragraph (1) provided that ‘‘The 

13 Government of the United States and the Govern14 ment of the Marshall Islands shall consult at the re15 quest of either of them on matters relating to the 

16 provisions of this Agreement.’’. 

17 (d) UNITED STATES APPOINTEES TO JOINT ECO18 NOMIC MANAGEMENT AND FINANCIAL ACCOUNTABILITY

19 COMMITTEE.— 

20 (1) IN GENERAL.—The 2 United States ap21 pointees (which are composed of the United States 

22 chair and 1 other member from the Government of 

23 the United States) to the Joint Economic Manage24 ment and Financial Accountability Committee estab25 lished under section 214 of the 2003 Amended U.S.- 


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1 RMI Compact (referred to in this subsection as the 

2 ‘‘Committee’’) shall— 

3 (A) be voting members of the Committee; 

4 and 

5 (B) continue to be officers or employees of 

6 the Federal Government. 

7 (2) TERM; APPOINTMENT.—The 2 United 

8 States members of the Committee described in para9 graph (1) shall be appointed for a term of 2 years 

10 as follows: 

11 (A) 1 member shall be appointed by the 

12 Secretary of State, in consultation with the Sec13 retary of the Treasury. 

14 (B) 1 member shall be appointed by the 

15 Secretary of the Interior, in consultation with 

16 the Secretary of the Treasury. 

17 (3) REAPPOINTMENT.—A United States mem18 ber of the Committee appointed under paragraph (2) 

19 may be reappointed for not more than 2 additional 

20 2-year terms. 

21 (4) QUALIFICATIONS.—At least 1 United States 

22 member of the Committee appointed under para23 graph (2) shall be an individual who— 

24 (A) by reason of knowledge, experience, or 

25 training, is especially qualified in accounting, 


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1 auditing, budget analysis, compliance, grant ad2 ministration, program management, or inter3 national economics; and 

4 (B) possesses not less than 5 years of full5 time experience in accounting, auditing, budget 

6 analysis, compliance, grant administration, pro7 gram management, or international economics. 

8 (5) NOTICE.— 

9 (A) IN GENERAL.—Not later than 90 days 

10 after the date of appointment of a United 

11 States member under paragraph (2), the Sec12 retary of the Interior shall notify the appro13 priate committees of Congress that an indi14 vidual has been appointed as a voting member 

15 of the Committee under that paragraph, includ16 ing a statement attesting to the qualifications 

17 of the member described in paragraph (4), sub18 ject to subparagraph (B). 

19 (B) REQUIREMENT.—For purposes of a 

20 statement required under subparagraph (A), in 

21 the case of a member appointed under para22 graph (2)(A), the Secretary of the Interior shall 

23 compile information on the member provided to 

24 the Secretary of the Interior by the Secretary of 


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1 State on request of the Secretary of the Inte2 rior. 

3 (6) REPORTS TO CONGRESS.—Not later than 

4 90 days after the date on which the Committee re5 ceives or completes any report required under the 

6 2023 Amended U.S.-RMI Compact, or any related 

7 subsidiary agreement, the Secretary of the Interior 

8 shall submit the report to the appropriate commit9 tees of Congress. 

10 (7) NOTICE TO CONGRESS.—Not later than 90 

11 days after the date on which the Government of the 

12 Republic of the Marshall Islands submits to the 

13 Committee a report required under the 2023 

14 Amended U.S.-RMI Compact, or any related sub15 sidiary agreement, the Secretary of the Interior shall 

16 submit to the appropriate committees of Congress— 

17 (A) if the report is submitted by the appli18 cable deadline, written notice attesting that the 

19 report is complete and accurate; or 

20 (B) if the report is not submitted by the 

21 applicable deadline, written notice that the re22 port has not been timely submitted. 

23 (e) UNITED STATES APPOINTEES TO TRUST FUND

24 COMMITTEE.— 


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1 (1) IN GENERAL.—The 3 United States voting 

2 members (which are composed of the United States 

3 chair and 2 other members from the Government of 

4 the United States) to the Trust Fund Committee es5 tablished pursuant to the agreement described in 

6 section 462(b)(5) of the 2003 Amended U.S.-RMI 

7 Compact (referred to in this subsection as the 

8 ‘‘Committee’’) shall continue to be officers or em9 ployees of the Federal Government. 

10 (2) TERM; APPOINTMENT.—The 3 United 

11 States members of the Committee described in para12 graph (1) shall be appointed for a term not more 

13 than 5 years as follows: 

14 (A) 1 member shall be appointed by the 

15 Secretary of State. 

16 (B) 1 member shall be appointed by the 

17 Secretary of the Interior. 

18 (C) 1 member shall be appointed by the 

19 Secretary of the Treasury. 

20 (3) REAPPOINTMENT.—A United States mem21 ber of the Committee appointed under paragraph (2) 

22 may be reappointed for not more than 2 additional 

23 2-year terms. 


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1 (4) QUALIFICATIONS.—Not fewer than 2 mem2 bers of the Committee appointed under paragraph 

3 (2) shall be individuals who— 

4 (A) by reason of knowledge, experience, or 

5 training, are especially qualified in accounting, 

6 auditing, budget analysis, compliance, financial 

7 investment, grant administration, program 

8 management, or international economics; and 

9 (B) possess not less than 5 years of full10 time experience in accounting, auditing, budget 

11 analysis, compliance, financial investment, 

12 grant administration, program management, or 

13 international economics. 

14 (5) NOTICE.— 

15 (A) IN GENERAL.—Not later than 90 days 

16 after the date of appointment of a United 

17 States Member under paragraph (2), the Sec18 retary of the Interior shall notify the appro19 priate committees of Congress that an indi20 vidual has been appointed as a voting member 

21 of the Committee under that paragraph, includ22 ing a statement attesting to the qualifications 

23 of the appointee described in paragraph (4), 

24 subject to subparagraph (B). 


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1 (B) REQUIREMENT.—For purposes of a 

2 statement required under subparagraph (A)— 

3 (i) in the case of a member appointed 

4 under paragraph (2)(A), the Secretary of 

5 the Interior shall compile information on 

6 the member provided to the Secretary of 

7 the Interior by the Secretary of State on 

8 request of the Secretary of the Interior; 

9 and 

10 (ii) in the case of a member appointed 

11 under paragraph (2)(C), the Secretary of 

12 the Interior shall compile information on 

13 the member provided to the Secretary of 

14 the Interior by the Secretary of the Treas15 ury on request of the Secretary of the Inte16 rior. 

17 (6) REPORTS TO CONGRESS.—Not later than 

18 90 days after the date on which the Committee re19 ceives or completes any report required under the 

20 2023 Amended U.S.-RMI Compact, or any related 

21 subsidiary agreement, the Secretary of the Interior 

22 shall submit the report to the appropriate commit23 tees of Congress. 

24 (7) NOTICE TO CONGRESS.—Not later than 90 

25 days after the date on which the Government of the 


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1 Republic of the Marshall Islands submits to the 

2 Committee a report required under the 2023 

3 Amended U.S.-RMI Compact, or any related sub4 sidiary agreement, the Secretary of the Interior shall 

5 submit to the appropriate committees of Congress— 

6 (A) if the report is submitted by the appli7 cable deadline, written notice attesting that the 

8 report is complete and accurate; or 

9 (B) if the report is not submitted by the 

10 applicable deadline, written notice that the re11 port has not been timely submitted. 

12 (f) FOUR ATOLL HEALTH CARE PROGRAM.—Con13 gress reaffirms that— 

14 (1) section 103(j)(1) of the Compact of Free 

15 Association Act of 1985 (48 U.S.C. 1903(j)(1)) and 

16 section 103(h)(1) of the Compact of Free Associa17 tion Amendments Act of 2003 (48 U.S.C. 

18 1921b(h)(1)) provided that services ‘‘provided by the 

19 United States Public Health Service or any other 

20 United States agency pursuant to section 1(a) of Ar21 ticle II of the Agreement for the Implementation of 

22 Section 177 of the Compact (hereafter in this sub23 section referred to as the ‘Section 177 Agreement’) 

24 shall be only for services to the people of the Atolls 

25 of Bikini, Enewetak, Rongelap, and Utrik who were 


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1 affected by the consequences of the United States 

2 nuclear testing program, pursuant to the program 

3 described in Public Law 95–134 and Public Law 

4 96–205 and their descendants (and any other per5 sons identified as having been so affected if such 

6 identification occurs in the manner described in such 

7 public laws). Nothing in this subsection shall be con8 strued as prejudicial to the views or policies of the 

9 Government of the Marshall Islands as to the per10 sons affected by the consequences of the United 

11 States nuclear testing program.’’; 

12 (2) section 103(j)(2) of the Compact of Free 

13 Association Act of 1985 (48 U.S.C. 1903(j)(2)) and 

14 section 103(h)(2) of the Compact of Free Associa15 tion Amendments Act of 2003 (48 U.S.C. 

16 1921b(h)(2)) provided that ‘‘at the end of the first 

17 year after the effective date of the Compact and at 

18 the end of each year thereafter, the providing agency 

19 or agencies shall return to the Government of the 

20 Marshall Islands any unexpended funds to be re21 turned to the Fund Manager (as described in Article 

22 I of the Section 177 Agreement) to be covered into 

23 the Fund to be available for future use.’’; and 

24 (3) section 103(j)(3) of the Compact of Free 

25 Association Act of 1985 (48 U.S.C. 1903(j)(3)) and 


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1 section 103(h)(3) of the Compact of Free Associa2 tion Amendments Act of 2003 (48 U.S.C. 

3 1921b(h)(3)) provided that ‘‘the Fund Manager 

4 shall retain the funds returned by the Government 

5 of the Marshall Islands pursuant to paragraph (2) 

6 of this subsection, shall invest and manage such 

7 funds, and at the end of 15 years after the effective 

8 date of the Compact, shall make from the total 

9 amount so retained and the proceeds thereof annual 

10 disbursements sufficient to continue to make pay11 ments for the provision of health services as speci12 fied in paragraph (1) of this subsection to such ex13 tent as may be provided in contracts between the 

14 Government of the Marshall Islands and appropriate 

15 United States providers of such health services.’’. 

16 (g) RADIOLOGICAL HEALTH CARE PROGRAM.—Not17 withstanding any other provision of law, on the request 

18 of the Government of the Republic of the Marshall Islands, 

19 the President (through an appropriate department or 

20 agency of the United States) shall continue to provide spe21 cial medical care and logistical support for the remaining 

22 members of the population of Rongelap and Utrik who 

23 were exposed to radiation resulting from the 1954 United 

24 States thermonuclear ‘‘Bravo’’ test, pursuant to Public 


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1 Law 95–134 (91 Stat. 1159) and Public Law 96–205 (94 

2 Stat. 84). 

3 (h) AGRICULTURAL AND FOOD PROGRAMS.— 

4 (1) IN GENERAL.—Congress reaffirms that— 

5 (A) section 103(h)(2) of the Compact of 

6 Free Association Act of 1985 (48 U.S.C. 

7 1903(h)(2)) and section 103(f)(2)(A) of the 

8 Compact of Free Association Amendments Act 

9 of 2003 (48 U.S.C. 1921b(f)(2)(A)) provided 

10 that notwithstanding ‘‘any other provision of 

11 law, upon the request of the Government of the 

12 Marshall Islands, for the first fifteen years 

13 after the effective date of the Compact, the 

14 President (either through an appropriate de15 partment or agency of the United States or by 

16 contract with a United States firm or by a 

17 grant to the Government of the Republic of the 

18 Marshall Islands which may further contract 

19 only with a United States firm or a Republic of 

20 the Marshall Islands firm, the owners, officers 

21 and majority of the employees of which are citi22 zens of the United States or the Republic of the 

23 Marshall Islands) shall provide technical and 

24 other assistance without reimbursement, to con25 tinue the planting and agricultural maintenance 


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1 program on Enewetak; without reimbursement, 

2 to continue the food programs of the Bikini, 

3 Rongelap, Utrik, and Enewetak people de4 scribed in section 1(d) of Article II of the Sub5 sidiary Agreement for the Implementation of 

6 Section 177 of the Compact and for continued 

7 waterborne transportation of agricultural prod8 ucts to Enewetak including operations and 

9 maintenance of the vessel used for such pur10 poses.’’; 

11 (B) section 103(h)(2) of the Compact of 

12 Free Association Act of 1985 (48 U.S.C. 

13 1903(h)(2)) and section 103(f)(2)(B) of the 

14 Compact of Free Association Amendments Act 

15 of 2003 (48 U.S.C. 1921b(f)(2)(B)) provided 

16 that ‘‘The President shall ensure the assistance 

17 provided under these programs reflects the 

18 changes in the population since the inception of 

19 such programs.’’; and 

20 (C) section 103(h)(3) of the Compact of 

21 Free Association Act of 1985 (48 U.S.C. 

22 1903(h)(3)) and section 103(f)(3) of the Com23 pact of Free Association Amendments Act of 

24 2003 (48 U.S.C. 1921b(f)(3)) provided that 

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1 vided to such extent or in such amounts as are 

2 necessary for services and other assistance pro3 vided pursuant to this subsection. It is the 

4 sense of Congress that after the periods of time 

5 specified in paragraphs (1) and (2) of this sub6 section, consideration will be given to such addi7 tional funding for these programs as may be 

8 necessary.’’. 

9 (2) PLANTING AND AGRICULTURAL MAINTE10 NANCE PROGRAM.—The Secretary of the Interior 

11 may provide grants to the Government of the Re12 public of the Marshall Islands to carry out a plant13 ing and agricultural maintenance program on Bikini, 

14 Enewetak, Rongelap, and Utrik. 

15 (3) FOOD PROGRAMS.—The Secretary of Agri16 culture may provide, without reimbursement, food 

17 programs to the people of the Republic of the Mar18 shall Islands. 

19 SEC. 1407. AGREEMENTS WITH AND OTHER PROVISIONS 

20 RELATED TO THE REPUBLIC OF PALAU. 

21 (a) BILATERAL ECONOMIC CONSULTATIONS.— 

22 United States participation in the annual economic con23 sultations referred to in Article 8 of the 2023 U.S.-Palau 

24 Compact Review Agreement shall be by officers or employ25 ees of the Federal Government. 


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1 (b) ECONOMIC ADVISORY GROUP.— 

2 (1) QUALIFICATIONS.—A member of the Eco3 nomic Advisory Group described in Article 7 of the 

4 2023 U.S.-Palau Compact Review Agreement (re5 ferred to in this subsection as the ‘‘Advisory 

6 Group’’) who is appointed by the Secretary of the 

7 Interior shall be an individual who, by reason of 

8 knowledge, experience, or training, is especially 

9 qualified in private sector business development, eco10 nomic development, or national development. 

11 (2) FUNDS.—With respect to the Advisory 

12 Group, the Secretary of the Interior may use avail13 able funds for— 

14 (A) the costs of the 2 members of the advi15 sory group designated by the United States in 

16 accordance with Article 7 of the 2023 U.S.- 

17 Palau Compact Review Agreement; 

18 (B) 50 percent of the costs of the 5th 

19 member of the Advisory Group designated by 

20 the Secretary of the Interior in accordance with 

21 the Article described in subparagraph (A); and 

22 (C) the costs of— 

23 (i) technical and administrative assist24 ance for the Advisory Group; and 


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1 (ii) other support necessary for the 

2 Advisory Group to accomplish the purpose 

3 of the Advisory Group. 

4 (3) REPORTS TO CONGRESS.—Not later than 

5 90 days after the date on which the Advisory Group 

6 receives or completes any report required under the 

7 2023 U.S.-Palau Compact Review Agreement, or 

8 any related subsidiary agreement, the Secretary of 

9 the Interior shall submit the report to the appro10 priate committees of Congress. 

11 (c) REPORTS TO CONGRESS.— 

12 (1) IN GENERAL.—Not later than 90 days after 

13 the date on which the Government of the Republic 

14 of Palau completes any report required under the 

15 2023 U.S.-Palau Compact Review Agreement, or 

16 any related subsidiary agreement, the Secretary of 

17 the Interior shall submit the report to the appro18 priate committees of Congress. 

19 (2) NOTICE TO CONGRESS.—Not later than 90 

20 days after the date on which the Government of the 

21 Republic of Palau submits a report required under 

22 the 2023 U.S.-Palau Compact Review Agreement, or 

23 any related subsidiary agreement, the Secretary of 

24 the Interior shall submit to the appropriate commit25 tees of Congress— 


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1 (A) if the report is submitted by the appli2 cable deadline, written notice attesting that the 

3 report is complete and accurate; or 

4 (B) if the report is not submitted by the 

5 applicable deadline, written notice that the re6 port has not been timely submitted. 

7 SEC. 1408. OVERSIGHT PROVISIONS. 

8 (a) AUTHORITIES AND DUTIES OF THE COMP9 TROLLER GENERAL OF THE UNITED STATES.— 

10 (1) IN GENERAL.—The Comptroller General of 

11 the United States (including any duly authorized 

12 representative of the Comptroller General of the 

13 United States) shall have the authorities necessary 

14 to carry out the responsibilities of the Comptroller 

15 General of the United States under— 

16 (A) the 2023 Amended U.S.-FSM Com17 pact and related subsidiary agreements, includ18 ing the authorities and privileges described in 

19 section 102(b) of the Compact of Free Associa20 tion Amendments Act of 2003 (48 U.S.C. 

21 1921a(b)); 

22 (B) the 2023 Amended U.S.-RMI Compact 

23 and related subsidiary agreements, including 

24 the authorities and privileges described in sec25 tion 103(k) of the Compact of Free Association 


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1 Amendments Act of 2003 (48 U.S.C. 

2 1921b(k)); and 

3 (C) the 2023 U.S.-Palau Compact Review 

4 Agreement, related subsidiary agreements, and 

5 the authorities described in appendix D of the 

6 ‘‘Agreement between the Government of the 

7 United States of America and the Government 

8 of the Republic of Palau Following the Compact 

9 of Free Association Section 432 Review’’ signed 

10 by the United States and the Republic of Palau 

11 on September 3, 2010. 

12 (2) REPORTS.—Not later than 18 months after 

13 the date of the enactment of this Act, and every 4 

14 years thereafter, the Comptroller General of the 

15 United States shall submit to the appropriate com16 mittees of Congress a report with respect to the 

17 Freely Associated States, including addressing— 

18 (A) the topics described in subparagraphs 

19 (A) through (E) of section 104(h)(1) of the 

20 Compact of Free Association Amendments Act 

21 of 2003 (48 U.S.C. 1921c(h)(1)), except that 

22 for purposes of a report submitted under this 

23 paragraph, the report shall address those topics 

24 with respect to each of the Freely Associated 

25 States; and 


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1 (B) the effectiveness of administrative 

2 oversight by the United States of the Freely As3 sociated States. 

4 (b) SECRETARY OF THE INTERIOR OVERSIGHT AU5 THORITY.—The Secretary of the Interior shall have the 

6 authority necessary to fulfill the responsibilities for moni7 toring and managing the funds appropriated to the Com8 pact of Free Association account of the Department of the 

9 Interior by section 1411(a) to carry out— 

10 (1) the 2023 Amended U.S.-FSM Compact; 

11 (2) the 2023 Amended U.S.-RMI Compact; 

12 (3) the 2023 U.S.-Palau Compact Review 

13 Agreement; and 

14 (4) subsidiary agreements. 

15 (c) POSTMASTER GENERAL OVERSIGHT AUTHOR16 ITY.—The Postmaster General shall have the authority 

17 necessary to fulfill the responsibilities for monitoring and 

18 managing the funds appropriated to the United States 

19 Postal Service under paragraph (1) of section 1411(b) and 

20 deposited in the Postal Service Fund under paragraph 

21 (2)(A) of that section to carry out— 

22 (1) section 221(a)(2) of the 2023 Amended 

23 U.S.-FSM Compact; 

24 (2) section 221(a)(2) of the 2023 Amended 

25 U.S.-RMI Compact; 


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1 (3) section 221(a)(2) of the U.S.-Palau Com2 pact; and 

3 (4) Article 6(a) of the 2023 U.S.-Palau Com4 pact Review Agreement. 

5 (d) INTERAGENCY GROUP ON FREELY ASSOCIATED

6 STATES.— 

7 (1) ESTABLISHMENT.—The President, in con8 sultation with the Secretary of State, the Secretary 

9 of the Interior, and the Secretary of Defense, shall 

10 establish an Interagency Group on Freely Associated 

11 States (referred to in this subsection as the ‘‘Inter12 agency Group’’). 

13 (2) PURPOSE.—The purposes of the Inter14 agency Group are— 

15 (A) to coordinate development and imple16 mentation of executive branch policies, pro17 grams, services, and other activities in or relat18 ing to the Freely Associated States; and 

19 (B) to provide policy guidance, rec20 ommendations, and oversight to Federal agen21 cies, departments, and instrumentalities with 

22 respect to the implementation of— 

23 (i) the 2023 Amended U.S.-FSM 

24 Compact; 


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1 (ii) the 2023 Amended U.S.-RMI 

2 Compact; and 

3 (iii) the 2023 U.S.-Palau Compact 

4 Review Agreement. 

5 (3) MEMBERSHIP.—The Interagency Group 

6 shall consist of— 

7 (A) the Secretary of State, who shall serve 

8 as co-chair of the Interagency Group; 

9 (B) the Secretary of the Interior, who shall 

10 serve as co-chair of the Interagency Group; 

11 (C) the Secretary of Defense; 

12 (D) the Secretary of the Treasury; 

13 (E) the heads of relevant Federal agencies, 

14 departments, and instrumentalities carrying out 

15 obligations under— 

16 (i) sections 131 and 132 of the 2003 

17 Amended U.S.-FSM Compact and sub18 sections (a) and (b) of section 221 and sec19 tion 261 of the 2023 Amended U.S.-FSM 

20 Compact; 

21 (ii) sections 131 and 132 of the 2003 

22 Amended U.S.-RMI Compact and sub23 sections (a) and (b) of section 221 and sec24 tion 261 of the 2023 Amended U.S.-RMI 

25 Compact; 


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1 (iii) sections 131 and 132 and sub2 sections (a) and (b) of section 221 of the 

3 U.S.-Palau Compact; 

4 (iv) Article 6 of the 2023 U.S.-Palau 

5 Compact Review Agreement; 

6 (v) any applicable subsidiary agree7 ment; and 

8 (vi) section 1409; and 

9 (F) the head of any other Federal agency, 

10 department, or instrumentality that the Sec11 retary of State or the Secretary of the Interior 

12 may designate. 

13 (4) DUTIES OF SECRETARY OF STATE AND SEC14 RETARY OF THE INTERIOR.—The Secretary of State 

15 (or a senior official designee of the Secretary of 

16 State) and the Secretary of the Interior (or a senior 

17 official designee of the Secretary of the Interior) 

18 shall— 

19 (A) co-lead and preside at a meeting of the 

20 Interagency Group not less frequently than an21 nually; 

22 (B) determine, in consultation with the 

23 Secretary of Defense, the agenda for meetings 

24 of the Interagency Group; and 


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1 (C) facilitate and coordinate the work of 

2 the Interagency Group. 

3 (5) DUTIES OF THE INTERAGENCY GROUP.— 

4 The Interagency Group shall— 

5 (A) provide advice on the establishment or 

6 implementation of policies relating to the Freely 

7 Associated States to the President, acting 

8 through the Office of Intergovernmental Af9 fairs, in the form of a written report not less 

10 frequently than annually; 

11 (B) obtain information and advice relating 

12 to the Freely Associated States from the Presi13 dents, other elected officials, and members of 

14 civil society of the Freely Associated States, in15 cluding through the members of the Inter16 agency Group (including senior official des17 ignees of the members) meeting not less fre18 quently than annually with any Presidents of 

19 the Freely Associated States who elect to par20 ticipate; 

21 (C) at the request of the head of any Fed22 eral agency (or a senior official designee of the 

23 head of a Federal agency) who is a member of 

24 the Interagency Group, promptly review and 

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1 tion action affecting 1 or more of the Freely 

2 Associated States proposed by the Federal 

3 agency, department, or instrumentality; and 

4 (D) facilitate coordination of relevant poli5 cies, programs, initiatives, and activities involv6 ing 1 or more of the Freely Associated States, 

7 including ensuring coherence and avoiding du8 plication between programs, initiatives, and ac9 tivities conducted pursuant to a Compact with 

10 a Freely Associated State and non-Compact 

11 programs, initiatives, and activities. 

12 (6) REPORTS.—Not later than 1 year after the 

13 date of the enactment of this joint resolution and 

14 each year thereafter in which a Compact of Free As15 sociation with a Freely Associated State is in effect, 

16 the President shall submit to the majority leader 

17 and minority leader of the Senate, the Speaker and 

18 minority leader of the House of Representatives, and 

19 the appropriate committees of Congress a report 

20 that describes the activities and recommendations of 

21 the Interagency Group during the applicable year. 

22 (e) FEDERAL AGENCY COORDINATION.—The head of 

23 any Federal agency providing programs and services to 

24 the Federated States of Micronesia, the Republic of the 

25 Marshall Islands, or the Republic of Palau shall coordinate 


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1 with the Secretary of the Interior and the Secretary of 

2 State regarding the provision of the programs and serv3 ices. 

4 (f) FOREIGN LOANS OR DEBT.—Congress reaffirms 

5 that— 

6 (1) the foreign loans or debt of the Government 

7 of the Federated States of Micronesia, the Govern8 ment of the Republic of the Marshall Islands, or the 

9 Government of the Republic of Palau shall not con10 stitute an obligation of the United States; and 

11 (2) the full faith and credit of the United 

12 States Government shall not be pledged for the pay13 ment and performance of any foreign loan or debt 

14 referred to in paragraph (1) without specific further 

15 authorization. 

16 (g) COMPACT COMPILATION.—Not later than 180 

17 days after the date of enactment of this joint resolution, 

18 the Secretary of the Interior shall submit a report to the 

19 appropriate committees of Congress that includes a com20 pilation of the Compact of Free Association with the Fed21 erated State of Micronesia, the Compact of Free Associa22 tion with the Republic of Palau, and the Compact of Free 

23 Association with Republic of the Marshall Islands. 

24 (h) PUBLICATION; REVISION BY OFFICE OF THE

25 LAW REVISION COUNSEL.— 


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1 (1) PUBLICATION.—In publishing this joint res2 olution in slip form and in the United States Stat3 utes at Large pursuant to section 112 of title 1, 

4 United States Code, the Archivist of the United 

5 States shall include after the date of approval at the 

6 end an appendix setting forth the text of— 

7 (A) the 2023 Agreement to Amend the 

8 U.S.-FSM Compact; and 

9 (B) the 2023 Agreement to Amend the 

10 U.S.-RMI Compact. 

11 (2) REVISION BY OFFICE OF THE LAW REVI12 SION COUNSEL.—The Office of the Law Revision 

13 Counsel is directed to revise— 

14 (A) the 2003 Amended U.S.-FSM Com15 pact set forth in the note following section 1921 

16 of title 48, United States Code, to reflect the 

17 amendments to the 2003 Amended U.S.-FSM 

18 Compact made by the 2023 Agreement to 

19 Amend the U.S.-FSM Compact; and 

20 (B) the 2003 Amended U.S.-RMI Compact 

21 set forth in the note following section 1921 of 

22 title 48, United States Code, to reflect the 

23 amendments to the 2003 Amended U.S.-RMI 

24 Compact made by the 2023 Agreement to 

25 Amend the U.S.-RMI Compact. 


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1 SEC. 1409. UNITED STATES POLICY REGARDING THE FREE2 LY ASSOCIATED STATES. 

3 (a) AUTHORIZATION FOR VETERANS’ SERVICES.— 

4 (1) DEFINITION OF FREELY ASSOCIATED

5 STATES.—In this subsection, the term ‘‘Freely Asso6 ciated States’’ means— 

7 (A) the Federated States of Micronesia, 

8 during such time as it is a party to the Com9 pact of Free Association set forth in section 

10 201 of the Compact of Free Association Act of 

11 1985 (Public Law 99–239; 48 U.S.C. 1901 

12 note); 

13 (B) the Republic of the Marshall Islands, 

14 during such time as it is a party to the Com15 pact of Free Association set forth in section 

16 201 of the Compact of Free Association Act of 

17 1985 (Public Law 99–239; 48 U.S.C. 1901 

18 note); and 

19 (C) the Republic of Palau, during such 

20 time as it is a party to the Compact of Free As21 sociation between the United States and the 

22 Government of Palau set forth in section 201 of 

23 Joint Resolution entitled ‘‘Joint Resolution to 

24 approve the ‘Compact of Free Association’ be25 tween the United States and the Government of 


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1 Palau, and for other purposes’’ (Public Law 

2 99–658; 48 U.S.C. 1931 note). 

3 (2) HOSPITAL CARE, MEDICAL SERVICES, AND

4 NURSING HOME CARE ABROAD.—Section 1724 of 

5 title 38, United States Code, is amended— 

6 (A) in subsection (a), by striking ‘‘sub7 sections (b) and (c)’’ and inserting ‘‘subsections 

8 (b), (c), and (f)’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(f)(1)(A) The Secretary may furnish hospital care 

11 and medical services in the Freely Associated States, sub12 ject to agreements the Secretary shall enter into with the 

13 governments of the Freely Associated States as described 

14 in section 2009(a)(4)(A) of the Compact of Free Associa15 tion Amendments Act of 2024, and subject to subpara16 graph (B), to a veteran who is otherwise eligible to receive 

17 hospital care and medical services. 

18 ‘‘(B) The agreements described in subparagraph (A) 

19 shall incorporate, to the extent practicable, the applicable 

20 laws of the Freely Associated States and define the care 

21 and services that can be legally provided by the Secretary 

22 in the Freely Associated States. 

23 ‘‘(2) In furnishing hospital care and medical services 

24 under paragraph (1), the Secretary may furnish hospital 

25 care and medical services through— 


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1 ‘‘(A) contracts or other agreements; 

2 ‘‘(B) reimbursement; or 

3 ‘‘(C) the direct provision of care by health care 

4 personnel of the Department. 

5 ‘‘(3) In furnishing hospital care and medical services 

6 under paragraph (1), the Secretary may furnish hospital 

7 care and medical services for any condition regardless of 

8 whether the condition is connected to the service of the 

9 veteran in the Armed Forces. 

10 ‘‘(4)(A) A veteran who has received hospital care or 

11 medical services in a country pursuant to this subsection 

12 shall remain eligible, to the extent determined advisable 

13 and practicable by the Secretary, for hospital care or med14 ical services in that country regardless of whether the 

15 country continues to qualify as a Freely Associated State 

16 for purposes of this subsection. 

17 ‘‘(B) If the Secretary determines it is no longer advis18 able or practicable to allow veterans described in subpara19 graph (A) to remain eligible for hospital care or medical 

20 services pursuant to such subparagraph, the Secretary 

21 shall— 

22 ‘‘(i) provide direct notice of that determination 

23 to such veterans; and 

24 ‘‘(ii) publish that determination and the reasons 

25 for that determination in the Federal Register. 


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1 ‘‘(5) In this subsection, the term ‘Freely Associated 

2 States’ means— 

3 ‘‘(A) the Federated States of Micronesia, dur4 ing such time as it is a party to the Compact of 

5 Free Association set forth in section 201 of the 

6 Compact of Free Association Act of 1985 (Public 

7 Law 99–239; 48 U.S.C. 1901 note); 

8 ‘‘(B) the Republic of the Marshall Islands, dur9 ing such time as it is a party to the Compact of 

10 Free Association set forth in section 201 of the 

11 Compact of Free Association Act of 1985 (Public 

12 Law 99–239; 48 U.S.C. 1901 note); and 

13 ‘‘(C) the Republic of Palau, during such time as 

14 it is a party to the Compact of Free Association be15 tween the United States and the Government of 

16 Palau set forth in section 201 of Joint Resolution 

17 entitled ‘Joint Resolution to approve the ‘‘Compact 

18 of Free Association’’ between the United States and 

19 the Government of Palau, and for other purposes’ 

20 (Public Law 99–658; 48 U.S.C. 1931 note).’’. 

21 (3) BENEFICIARY TRAVEL.—Section 111 of title 

22 38, United States Code, is amended by adding at 

23 the end the following: 

24 ‘‘(h)(1) Notwithstanding any other provision of law, 

25 the Secretary may make payments to or for any person 


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1 traveling in, to, or from the Freely Associated States for 

2 receipt of care or services authorized to be legally provided 

3 by the Secretary in the Freely Associated States under 

4 section 1724(f)(1) of this title. 

5 ‘‘(2) A person who has received payment for travel 

6 in a country pursuant to this subsection shall remain eligi7 ble for payment for such travel in that country regardless 

8 of whether the country continues to qualify as a Freely 

9 Associated State for purposes of this subsection. 

10 ‘‘(3) The Secretary shall prescribe regulations to 

11 carry out this subsection. 

12 ‘‘(4) In this subsection, the term ‘Freely Associated 

13 States’ means— 

14 ‘‘(A) the Federated States of Micronesia, dur15 ing such time as it is a party to the Compact of 

16 Free Association set forth in section 201 of the 

17 Compact of Free Association Act of 1985 (Public 

18 Law 99–239; 48 U.S.C. 1901 note); 

19 ‘‘(B) the Republic of the Marshall Islands, dur20 ing such time as it is a party to the Compact of 

21 Free Association set forth in section 201 of the 

22 Compact of Free Association Act of 1985 (Public 

23 Law 99–239; 48 U.S.C. 1901 note); and 

24 ‘‘(C) the Republic of Palau, during such time as 

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1 tween the United States and the Government of 

2 Palau set forth in section 201 of Joint Resolution 

3 entitled ‘Joint Resolution to approve the ‘‘Compact 

4 of Free Association’’ between the United States and 

5 the Government of Palau, and for other purposes’ 

6 (Public Law 99–658; 48 U.S.C. 1931 note).’’. 

7 (4) LEGAL ISSUES.— 

8 (A) AGREEMENTS TO FURNISH CARE AND

9 SERVICES.— 

10 (i) IN GENERAL.—Before delivering 

11 hospital care or medical services under 

12 subsection (f) of section 1724 of title 38, 

13 United States Code, as added by para14 graph (2)(B), the Secretary of Veterans 

15 Affairs, in consultation with the Secretary 

16 of State, shall enter into agreements with 

17 the governments of the Freely Associated 

18 States to— 

19 (I) facilitate the furnishing of 

20 health services, including telehealth, 

21 under the laws administered by the 

22 Secretary of Veterans Affairs, to vet23 erans in the Freely Associated States, 

24 such as by addressing— 


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1 (aa) licensure, certification, 

2 registration, and tort issues relat3 ing to health care personnel; 

4 (bb) the scope of health 

5 services the Secretary may fur6 nish, as well as the means for 

7 furnishing such services; and 

8 (cc) matters relating to de9 livery of pharmaceutical products 

10 and medical surgical products, 

11 including delivery of such prod12 ucts through the Consolidated 

13 Mail Outpatient Pharmacy of the 

14 Department of Veterans Affairs, 

15 to the Freely Associated States; 

16 (II) clarify the authority of the 

17 Secretary of Veterans Affairs to pay 

18 for tort claims as set forth under sub19 paragraph (C); and 

20 (III) clarify authority and re21 sponsibility on any other matters de22 termined relevant by the Secretary of 

23 Veterans Affairs or the governments 

24 of the Freely Associated States. 


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1 (ii) SCOPE OF AGREEMENTS.—The 

2 agreements described in clause (i) shall in3 corporate, to the extent practicable, the ap4 plicable laws of the Freely Associated 

5 States and define the care and services 

6 that can be legally provided by the Sec7 retary of Veterans Affairs in the Freely 

8 Associated States. 

9 (iii) REPORT TO CONGRESS.— 

10 (I) IN GENERAL.—Not later than 

11 90 days after entering into an agree12 ment described in clause (i), the Sec13 retary of Veterans Affairs shall sub14 mit the agreement to the appropriate 

15 committees of Congress. 

16 (II) APPROPRIATE COMMITTEES

17 OF CONGRESS DEFINED.—In this 

18 clause, the term ‘‘appropriate commit19 tees of Congress’’ means— 

20 (aa) the Committee on En21 ergy and Natural Resources, the 

22 Committee on Foreign Relations, 

23 and the Committee on Veterans’ 

24 Affairs of the Senate; and 


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1 (bb) the Committee on Nat2 ural Resources, the Committee 

3 on Foreign Affairs, and the Com4 mittee on Veterans’ Affairs of the 

5 House of Representatives. 

6 (B) LICENSURE OF HEALTH CARE PRO7 FESSIONALS PROVIDING TREATMENT VIA TELE8 MEDICINE IN THE FREELY ASSOCIATED

9 STATES.—Section 1730C(a) of title 38, United 

10 States Code, is amended by striking ‘‘any 

11 State’’ and inserting ‘‘any State or any of the 

12 Freely Associated States (as defined in section 

13 1724(f) of this title)’’. 

14 (C) PAYMENT OF CLAIMS.—The Secretary 

15 of Veterans Affairs may pay tort claims, in the 

16 manner authorized in the first paragraph of 

17 section 2672 of title 28, United States Code, 

18 when such claims arise in the Freely Associated 

19 States in connection with furnishing hospital 

20 care or medical services or providing medical 

21 consultation or medical advice to a veteran 

22 under the laws administered by the Secretary, 

23 including through a remote or telehealth pro24 gram. 


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1 (5) OUTREACH AND ASSESSMENT OF OP2 TIONS.—During the 1-year period beginning on the 

3 date of enactment of this joint resolution, the Sec4 retary of Veterans Affairs shall, subject to the avail5 ability of appropriations— 

6 (A) conduct robust outreach to, and en7 gage with, each government of the Freely Asso8 ciated States; 

9 (B) assess options for the delivery of care 

10 through the use of authorities provided pursu11 ant to the amendments made by this sub12 section; and 

13 (C) increase staffing as necessary to con14 duct outreach under subparagraph (A). 

15 (b) AUTHORIZATION OF EDUCATION PROGRAMS.— 

16 (1) ELIGIBILITY.—For fiscal year 2024 and 

17 each fiscal year thereafter, the Government of the 

18 United States shall— 

19 (A) continue to make available to the Fed20 erated States of Micronesia, the Republic of the 

21 Marshall Islands, and the Republic of Palau, 

22 grants for services to individuals eligible for 

23 such services under part B of the Individuals 

24 with Disabilities Education Act (20 U.S.C. 

25 1411 et seq.) to the extent that those services 


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1 continue to be available to individuals in the 

2 United States; 

3 (B) continue to make available to the Fed4 erated States of Micronesia and the Republic of 

5 the Marshall Islands and make available to the 

6 Republic of Palau, competitive grants under the 

7 Elementary and Secondary Education Act of 

8 1965 (20 U.S.C. 6301 et seq.), the Carl D. 

9 Perkins Career and Technical Education Act of 

10 2006 (20 U.S.C. 2301 et seq.), and part D of 

11 the Individuals with Disabilities Education Act 

12 (20 U.S.C. 1450 et seq.), to the extent that 

13 those grants continue to be available to State 

14 and local governments in the United States; 

15 (C) continue to make grants available to 

16 the Republic of Palau under part A of title I of 

17 the Elementary and Secondary Education Act 

18 of 1965 (20 U.S.C. 6311 et seq.), the Adult 

19 Education and Family Literacy Act (29 U.S.C. 

20 3271 et seq.), and the Carl D. Perkins Career 

21 and Technical Education Act of 2006 (20 

22 U.S.C. 2301 et seq.); 

23 (D) continue to make available to eligible 

24 institutions of higher education in the Republic 

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1 tions of higher education in the Federated 

2 States of Micronesia and the Republic of the 

3 Marshall Islands and to students enrolled in 

4 those institutions of higher education, and to 

5 students who are citizens of the Federated 

6 States of Micronesia, the Republic of the Mar7 shall Islands, and the Republic of Palau and 

8 enrolled in institutions of higher education in 

9 the United States and territories of the United 

10 States, grants under— 

11 (i) subpart 1 of part A of title IV of 

12 the Higher Education Act of 1965 (20 

13 U.S.C. 1070a et seq.); 

14 (ii) subpart 3 of part A of title IV of 

15 the Higher Education Act of 1965 (20 

16 U.S.C. 1070b et seq.); and 

17 (iii) part C of title IV of the Higher 

18 Education Act of 1965 (20 U.S.C. 1087– 

19 51 et seq.); 

20 (E) require, as a condition of eligibility for 

21 a public institution of higher education in any 

22 State (as defined in section 103 of the Higher 

23 Education Act of 1965 (20 U.S.C. 1003)) that 

24 is not a Freely Associated State to participate 

25 in or receive funds under any program under 


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1 title IV of such Act (20 U.S.C. 1070 et seq.), 

2 that the institution charge students who are 

3 citizens of the Federated States of Micronesia, 

4 the Republic of the Marshall Islands, or the Re5 public of Palau tuition for attendance at a rate 

6 that is not greater than the rate charged for 

7 residents of the State in which such public in8 stitution of higher education is located; and 

9 (F) continue to make available, to eligible 

10 institutions of higher education, secondary 

11 schools, and nonprofit organizations in the Fed12 erated States of Micronesia, the Republic of the 

13 Marshall Islands, and the Republic of Palau, 

14 competitive grants under the Higher Education 

15 Act of 1965 (20 U.S.C. 1001 et seq.). 

16 (2) OTHER FORMULA GRANTS.—Except as pro17 vided in paragraph (1), the Secretary of Education 

18 shall not make a grant under any formula grant pro19 gram administered by the Department of Education 

20 to the Federated States of Micronesia, the Republic 

21 of the Marshall Islands, or the Republic of Palau. 

22 (3) GRANTS TO THE FREELY ASSOCIATED

23 STATES UNDER PART B OF THE INDIVIDUALS WITH

24 DISABILITIES EDUCATION ACT.—Section 611(b)(1) 

25 of the Individuals with Disabilities Education Act 


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1 (20 U.S.C. 1411(b)(1)) is amended by striking sub2 paragraph (A) and inserting the following: 

3 ‘‘(A) FUNDS RESERVED.—From the 

4 amount appropriated for any fiscal year under 

5 subsection (i), the Secretary shall reserve not 

6 more than 1 percent, which shall be used as fol7 lows: 

8 ‘‘(i) To provide assistance to the out9 lying areas in accordance with their respec10 tive populations of individuals aged 3 

11 through 21. 

12 ‘‘(ii)(I) To provide each freely associ13 ated State a grant so that no freely associ14 ated State receives a lesser share of the 

15 total funds reserved for the freely associ16 ated State than the freely associated State 

17 received of those funds for fiscal year 

18 2023. 

19 ‘‘(II) Each freely associated State 

20 shall establish its eligibility under this sub21 paragraph consistent with the require22 ments for a State under section 612. 

23 ‘‘(III) The funds provided to each 

24 freely associated State under this part may 

25 be used to provide, to each infant or todVerDate Sep 11 2014 16:25 May 16, 2024 Jkt 049200 PO 00000 Frm 00511 Fmt 6652 Sfmt 6201 E:\BILLS\H7476.IH H7476

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1 dler with a disability (as defined in section 

2 632), either a free appropriate public edu3 cation, consistent with section 612, or 

4 early intervention services consistent with 

5 part C, notwithstanding the application 

6 and eligibility requirements of sections 

7 634(2), 635, and 637.’’. 

8 (4) TECHNICAL AMENDMENTS TO THE ELE9 MENTARY AND SECONDARY EDUCATION ACT OF

10 1965.—The Elementary and Secondary Education 

11 Act of 1965 (20 U.S.C. 6301 et seq.) is amended— 

12 (A) by striking subparagraph (A) of sec13 tion 1121(b)(1) (20 U.S.C. 6331(b)(1)) and in14 serting the following: 

15 ‘‘(A) first reserve $1,000,000 for the Re16 public of Palau, subject to such terms and con17 ditions as the Secretary may establish, except 

18 that Public Law 95–134, permitting the con19 solidation of grants, shall not apply; and’’; and 

20 (B) in section 8101 (20 U.S.C. 7801), by 

21 amending paragraph (36) to read as follows: 

22 ‘‘(36) OUTLYING AREA.—The term ‘outlying 

23 area’— 

24 ‘‘(A) means American Samoa, the Com25 monwealth of the Northern Mariana Islands, 


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1 Guam, and the United States Virgin Islands; 

2 and 

3 ‘‘(B) for the purpose of any discretionary 

4 grant program under this Act, includes the Re5 public of the Marshall Islands, the Federated 

6 States of Micronesia, and the Republic of 

7 Palau, to the extent that any such grant pro8 gram continues to be available to State and 

9 local governments in the United States.’’. 

10 (5) TECHNICAL AMENDMENT TO THE COMPACT

11 OF FREE ASSOCIATION AMENDMENTS ACT OF 2003.— 

12 Section 105(f)(1)(B) of the Compact of Free Asso13 ciation Amendments Act of 2003 (48 U.S.C. 

14 1921d(f)(1)(B)) is amended by striking clause (ix). 

15 (6) HEAD START PROGRAMS.— 

16 (A) DEFINITIONS.—Section 637 of the 

17 Head Start Act (42 U.S.C. 9832) is amended, 

18 in the paragraph defining the term ‘‘State’’, by 

19 striking the second sentence and inserting ‘‘The 

20 term ‘State’ includes the Federated States of 

21 Micronesia, the Republic of the Marshall Is22 lands, and the Republic of Palau.’’. 

23 (B) ALLOTMENT OF FUNDS.—Section 

24 640(a)(2)(B) of the Head Start Act (42 U.S.C. 

25 9835(a)(2)(B)) is amended— 


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1 (i) in clause (iv), by inserting ‘‘the 

2 Republic of Palau,’’ before ‘‘and the Virgin 

3 Islands’’; and 

4 (ii) by amending clause (v) to read as 

5 follows: 

6 ‘‘(v) if a base grant has been established through ap7 propriations for the Federated States of Micronesia or the 

8 Republic of the Marshall Islands, to provide an amount 

9 for that jurisdiction (for Head Start agencies (including 

10 Early Head Start agencies) in the jurisdiction) that is 

11 equal to the amount provided for base grants for such ju12 risdiction under this subchapter for the prior fiscal year, 

13 by allotting to each agency described in this clause an 

14 amount equal to that agency’s base grant for the prior 

15 fiscal year; and’’. 

16 (7) COORDINATION REQUIRED.—The Secretary 

17 of the Interior, in coordination with the Secretary of 

18 Education and the Secretary of Health and Human 

19 Services, as applicable, shall, to the maximum extent 

20 practicable, coordinate with the 3 United States ap21 pointees to the Joint Economic Management Com22 mittee described in section 1405(b)(1) and the 2 

23 United States appointees to the Joint Economic 

24 Management and Financial Accountability Com25 mittee described in section 1406(d)(1) to avoid duVerDate Sep 11 2014 16:25 May 16, 2024 Jkt 049200 PO 00000 Frm 00514 Fmt 6652 Sfmt 6201 E:\BILLS\H7476.IH H7476

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1 plication of economic assistance for education pro2 vided under section 261(a)(1) of the 2023 Amended 

3 U.S.-FSM Compact or section 261(a)(1) of the 2023 

4 Amended U.S.-RMI Compact of activities or services 

5 provided under— 

6 (A) the Head Start Act (42 U.S.C. 9831 

7 et seq.); 

8 (B) subpart 3 of part A of title IV of the 

9 Higher Education Act of 1965 (20 U.S.C. 

10 1070b et seq.); or 

11 (C) part C of title IV of the Higher Edu12 cation Act of 1965 (20 U.S.C. 1087–51 et 

13 seq.). 

14 (c) AUTHORIZATION OF DEPARTMENT OF DEFENSE

15 PROGRAMS.— 

16 (1) DEPARTMENT OF DEFENSE MEDICAL FA17 CILITIES.—The Secretary of Defense shall make 

18 available, on a space available and reimbursable 

19 basis, the medical facilities of the Department of De20 fense for use by citizens of the Federated States of 

21 Micronesia, the Republic of the Marshall Islands, 

22 and the Republic of Palau, who are properly referred 

23 to the facilities by government authorities respon24 sible for provision of medical services in the Fed25 erated States of Micronesia, the Republic of the 


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1 Marshall Islands, the Republic of Palau, and the af2 fected jurisdictions (as defined in section 104(e)(2) 

3 of the Compact of Free Association Amendments 

4 Act of 2003 (48 U.S.C. 1921c(e)(2))). 

5 (2) PARTICIPATION BY SECONDARY SCHOOLS IN

6 THE ARMED SERVICES VOCATIONAL APTITUDE BAT7 TERY STUDENT TESTING PROGRAM.—It is the sense 

8 of Congress that the Department of Defense may ex9 tend the Armed Services Vocational Aptitude Bat10 tery (ASVAB) Student Testing Program and the 

11 ASVAB Career Exploration Program to selected sec12 ondary schools in the Federated States of Micro13 nesia, the Republic of the Marshall Islands, and the 

14 Republic of Palau to the extent such programs are 

15 available to Department of Defense dependent sec16 ondary schools established under section 2164 of 

17 title 10, United States Code, and located outside the 

18 United States. 

19 (d) JUDICIAL TRAINING.—In addition to amounts 

20 provided under section 261(a)(4) of the 2023 Amended 

21 U.S.-FSM Compact and the 2023 Amended U.S.-RMI 

22 Compact and under subsections (a) and (b) of Article 1 

23 of the 2023 U.S.-Palau Compact Review Agreement, for 

24 each of fiscal years 2024 through 2043, the Secretary of 

25 the Interior shall use the amounts made available to the 


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1 Secretary of the Interior under section 1411(c) to train 

2 judges and officials of the judiciary in the Federated 

3 States of Micronesia, the Republic of the Marshall Islands, 

4 and the Republic of Palau, in cooperation with the Pacific 

5 Islands Committee of the judicial council of the ninth judi6 cial circuit of the United States. 

7 (e) ELIGIBILITY FOR THE REPUBLIC OF PALAU.— 

8 (1) NATIONAL HEALTH SERVICE CORPS.—The 

9 Secretary of Health and Human Services shall make 

10 the services of the National Health Service Corps 

11 available to the residents of the Federated States of 

12 Micronesia, the Republic of the Marshall Islands, 

13 and the Republic of Palau to the same extent, and 

14 for the same duration, as services are authorized to 

15 be provided to persons residing in any other areas 

16 within or outside the United States. 

17 (2) ADDITIONAL PROGRAMS AND SERVICES.— 

18 The Republic of Palau shall be eligible for the pro19 grams and services made available to the Federated 

20 States of Micronesia and the Republic of the Mar21 shall Islands under section 108(a) of the Compact of 

22 Free Association Amendments Act of 2003 (48 

23 U.S.C. 1921g(a)). 

24 (3) PROGRAMS AND SERVICES OF CERTAIN

25 AGENCIES.—In addition to the programs and servVerDate Sep 11 2014 16:25 May 16, 2024 Jkt 049200 PO 00000 Frm 00517 Fmt 6652 Sfmt 6201 E:\BILLS\H7476.IH H7476

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1 ices set forth in the operative Federal Programs and 

2 Services Agreement between the United States and 

3 the Republic of Palau, the programs and services of 

4 the following agencies shall be made available to the 

5 Republic of Palau: 

6 (A) The Legal Services Corporation. 

7 (B) The Public Health Service. 

8 (C) The Rural Housing Service. 

9 (f) COMPACT IMPACT FAIRNESS.— 

10 (1) IN GENERAL.—Section 402 of the Personal 

11 Responsibility and Work Opportunity Reconciliation 

12 Act of 1996 (8 U.S.C. 1612) is amended— 

13 (A) in subsection (a)(2), by adding at the 

14 end the following: 

15 ‘‘(N) EXCEPTION FOR CITIZENS OF FREE16 LY ASSOCIATED STATES.—With respect to eligi17 bility for benefits for any specified Federal pro18 gram, paragraph (1) shall not apply to any in19 dividual who lawfully resides in the United 

20 States in accordance with section 141 of the 

21 Compacts of Free Association between the Gov22 ernment of the United States and the Govern23 ments of the Federated States of Micronesia, 

24 the Republic of the Marshall Islands, and the 

25 Republic of Palau.’’; and 


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1 (B) in subsection (b)(2)(G)— 

2 (i) in the subparagraph heading, by 

3 striking ‘‘MEDICAID EXCEPTION FOR’’ and 

4 inserting ‘‘EXCEPTION FOR’’; and 

5 (ii) by striking ‘‘the designated Fed6 eral program defined in paragraph (3)(C) 

7 (relating to the Medicaid program)’’ and 

8 inserting ‘‘any designated Federal pro9 gram’’. 

10 (2) EXCEPTION TO 5-YEAR WAIT REQUIRE11 MENT.—Section 403(b)(3) of the Personal Responsi12 bility and Work Opportunity Reconciliation Act of 

13 1996 (8 U.S.C. 1613(b)(3)) is amended by striking 

14 ‘‘, but only with respect to the designated Federal 

15 program defined in section 402(b)(3)(C)’’. 

16 (3) DEFINITION OF QUALIFIED ALIEN.—Section 

17 431(b)(8) of the Personal Responsibility and Work 

18 Opportunity Reconciliation Act of 1996 (8 U.S.C. 

19 1641(b)(8)) is amended by striking ‘‘, but only with 

20 respect to the designated Federal program defined 

21 in section 402(b)(3)(C) (relating to the Medicaid 

22 program)’’. 

23 (g) CONSULTATION WITH INTERNATIONAL FINAN24 CIAL INSTITUTIONS.—The Secretary of the Treasury, in 

25 coordination with the Secretary of the Interior and the 


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1 Secretary of State, shall consult with appropriate officials 

2 of the Asian Development Bank and relevant international 

3 financial institutions (as defined in section 1701(c) of the 

4 International Financial Institutions Act (22 U.S.C. 

5 262r(c))), as appropriate, with respect to overall economic 

6 conditions in, and the activities of other providers of as7 sistance to, the Freely Associated States. 

8 (h) CHIEF OF MISSION.—Section 105(b) of the Com9 pact of Free Association Amendments Act of 2003 (48 

10 U.S.C. 1921d(b)) is amended by striking paragraph (5) 

11 and inserting the following: 

12 ‘‘(5) Pursuant to section 207 of the Foreign 

13 Service Act of 1980 (22 U.S.C. 3927), all United 

14 States Government executive branch employees in 

15 the Federated States of Micronesia, the Republic of 

16 the Marshall Islands, and the Republic of Palau fall 

17 under the authority of the respective applicable chief 

18 of mission, except for employees identified as ex19 cepted from the authority under Federal law or by 

20 Presidential directive.’’. 

21 (i) ESTABLISHMENT OF A UNIT FOR THE FREELY

22 ASSOCIATED STATES IN THE BUREAU OF EAST ASIAN

23 AND PACIFIC AFFAIRS OF THE DEPARTMENT OF STATE

24 AND INCREASING PERSONNEL FOCUSED ON OCEANIA.— 


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1 (1) DEFINITION OF APPROPRIATE CONGRES2 SIONAL COMMITTEES.—In this subsection, the term 

3 ‘‘appropriate congressional committees’’ means the 

4 Committee on Foreign Relations of the Senate and 

5 the Committee on Foreign Affairs of the House of 

6 Representatives. 

7 (2) REQUIREMENTS.—The Secretary of State 

8 shall— 

9 (A) assign additional full-time equivalent 

10 personnel to the Office of Australia, New Zea11 land, and Pacific Island Affairs of the Bureau 

12 of East Asian and Pacific Affairs of the De13 partment of State, including to the unit estab14 lished under subparagraph (B), as the Sec15 retary of State determines to be appropriate, in 

16 accordance with paragraph (4)(A); and 

17 (B) establish a unit in the Bureau of East 

18 Asian and Pacific Affairs of the Department of 

19 State to carry out the functions described in 

20 paragraph (3). 

21 (3) FUNCTIONS OF UNIT.—The unit established 

22 under paragraph (2)(B) shall be responsible for the 

23 following: 

24 (A) Managing the bilateral and regional re25 lations with the Freely Associated States. 


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1 (B) Supporting the Secretary of State in 

2 leading negotiations relating to the Compacts of 

3 Free Association with the Freely Associated 

4 States. 

5 (C) Coordinating, in consultation with the 

6 Department of the Interior, the Department of 

7 Defense, and other interagency partners as ap8 propriate, implementation of the Compacts of 

9 Free Association with the Freely Associated 

10 States. 

11 (4) FULL-TIME EQUIVALENT EMPLOYEES.—The 

12 Secretary of State shall— 

13 (A) not later than 5 years after the date 

14 of enactment of this joint resolution, assign to 

15 the Office of Australia, New Zealand, and Pa16 cific Island Affairs of the Bureau of East Asian 

17 and Pacific Affairs, including to the unit estab18 lished under paragraph (2)(B), not less than 4 

19 additional full-time equivalent staff, who shall 

20 not be dual-hatted, including by considering— 

21 (i) the use of existing flexible hiring 

22 authorities, including Domestic Employees 

23 Teleworking Overseas (DETOs); and 


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1 (ii) the realignment of existing per2 sonnel, including from the United States 

3 Mission in Australia, as appropriate; 

4 (B) reduce the number of vacant foreign 

5 service positions in the Pacific Island region by 

6 establishing an incentive program within the 

7 Foreign Service for overseas positions related to 

8 the Pacific Island region; and 

9 (C) report to the appropriate congressional 

10 committees on progress toward objectives out11 lined in this subsection beginning 1 year from 

12 the date of the enactment of this joint resolu13 tion and annually thereafter for 5 years. 

14 (j) TECHNICAL ASSISTANCE.—Section 105 of the 

15 Compact of Free Association Amendments Act of 2003 

16 (48 U.S.C. 1921d) is amended by striking subsection (j) 

17 and inserting the following: 

18 ‘‘(j) TECHNICAL ASSISTANCE.— 

19 ‘‘(1) IN GENERAL.—Technical assistance may 

20 be provided pursuant to section 224 of the 2023 

21 Amended U.S.-FSM Compact, section 224 of the 

22 2023 Amended U.S.-RMI Compact, or section 222 

23 of the U.S.-Palau Compact (as those terms are de24 fined in section 1403 of the Compact of Free Asso25 ciation Amendments Act of 2024) by Federal agenVerDate Sep 11 2014 16:25 May 16, 2024 Jkt 049200 PO 00000 Frm 00523 Fmt 6652 Sfmt 6201 E:\BILLS\H7476.IH H7476

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1 cies and institutions of the Government of the 

2 United States to the extent the assistance shall be 

3 provided to States, territories, or units of local gov4 ernment. 

5 ‘‘(2) HISTORIC PRESERVATION.— 

6 ‘‘(A) IN GENERAL.—Any technical assist7 ance authorized under paragraph (1) that is 

8 provided by the Forest Service, the Natural Re9 sources Conservation Service, the United States 

10 Fish and Wildlife Service, the National Marine 

11 Fisheries Service, the United States Coast 

12 Guard, the Advisory Council on Historic Pres13 ervation, the Department of the Interior, or any 

14 other Federal agency providing assistance 

15 under division A of subtitle III of title 54, 

16 United States Code, may be provided on a non17 reimbursable basis. 

18 ‘‘(B) GRANTS.—During the period in 

19 which the 2023 Amended U.S.-FSM Compact 

20 (as so defined) and the 2023 Amended U.S.- 

21 RMI Compact (as so defined) are in force, the 

22 grant programs under division A of subtitle III 

23 of title 54, United States Code, shall continue 

24 to apply to the Federated States of Micronesia 

25 and the Republic of the Marshall Islands in the 


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1 same manner and to the same extent as those 

2 programs applied prior to the approval of the 

3 U.S.-FSM Compact and U.S.-RMI Compact. 

4 ‘‘(3) ADDITIONAL FUNDS.—Any funds provided 

5 pursuant to this subsection, subsections (c), (g), (h), 

6 (i), (k), (l), and (m), section 102(a), and subsections 

7 (a), (b), (f), (g), (h), and (j) of section 103 shall be 

8 in addition to, and not charged against, any 

9 amounts to be paid to the Federated States of Mi10 cronesia or the Republic of the Marshall Islands pur11 suant to— 

12 ‘‘(A) the U.S.-FSM Compact; 

13 ‘‘(B) the U.S.-RMI Compact; or 

14 ‘‘(C) any related subsidiary agreement.’’. 

15 (k) CONTINUING TRUST TERRITORY AUTHORIZA16 TION.—The authorization provided by the Act of June 30, 

17 1954 (68 Stat. 330, chapter 423), shall remain available 

18 after the effective date of the 2023 Amended U.S.-FSM 

19 Compact and the 2023 Amended U.S.-RMI Compact with 

20 respect to the Federated States of Micronesia and the Re21 public of the Marshall Islands for transition purposes, in22 cluding— 

23 (1) completion of projects and fulfillment of 

24 commitments or obligations; 


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1 (2) termination of the Trust Territory Govern2 ment and termination of the High Court; 

3 (3) health and education as a result of excep4 tional circumstances; 

5 (4) ex gratia contributions for the populations 

6 of Bikini, Enewetak, Rongelap, and Utrik; and 

7 (5) technical assistance and training in finan8 cial management, program administration, and 

9 maintenance of infrastructure. 

10 (l) TECHNICAL AMENDMENTS.— 

11 (1) PUBLIC HEALTH SERVICE ACT DEFINI12 TION.—Section 2(f) of the Public Health Service Act 

13 (42 U.S.C. 201(f)) is amended by striking ‘‘and the 

14 Trust Territory of the Pacific Islands’’ and inserting 

15 ‘‘the Federated States of Micronesia, the Republic of 

16 the Marshall Islands, and the Republic of Palau’’. 

17 (2) COMPACT IMPACT AMENDMENTS.—Section 

18 104(e) of the Compact of Free Association Amend19 ments Act of 2003 (48 U.S.C. 1921c(e)) is amend20 ed— 

21 (A) in paragraph (4)— 

22 (i) in subparagraph (A), by striking 

23 ‘‘beginning in fiscal year 2003’’ and insert24 ing ‘‘during the period of fiscal years 2003 

25 through 2023’’; and 


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1 (ii) in subparagraph (C), by striking 

2 ‘‘after fiscal year 2003’’ and inserting ‘‘for 

3 the period of fiscal years 2004 through 

4 2023’’; 

5 (B) by striking paragraph (5); and 

6 (C) by redesignating paragraphs (6) 

7 through (10) as paragraphs (5) through (9), re8 spectively. 

9 SEC. 1410. ADDITIONAL AUTHORITIES. 

10 (a) AGENCIES, DEPARTMENTS, AND INSTRUMENTAL11 ITIES.— 

12 (1) IN GENERAL.—Appropriations to carry out 

13 the obligations, services, and programs described in 

14 paragraph (2) shall be made directly to the Federal 

15 agencies, departments, and instrumentalities car16 rying out the obligations, services and programs. 

17 (2) OBLIGATIONS, SERVICES, AND PROGRAMS

18 DESCRIBED.—The obligations, services, and pro19 grams referred to in paragraphs (1) and (3) are the 

20 obligations, services, and programs under— 

21 (A) sections 131 and 132, paragraphs (1) 

22 and (3) through (6) of section 221(a), and sec23 tion 221(b) of the 2023 Amended U.S.-FSM 

24 Compact; 


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1 (B) sections 131 and 132, paragraphs (1) 

2 and (3) through (6) of section 221(a), and sec3 tion 221(b) of the 2023 Amended U.S.-RMI 

4 Compact; 

5 (C) sections 131 and 132 and paragraphs 

6 (1), (3), and (4) of section 221(a) of the U.S.- 

7 Palau Compact; 

8 (D) Article 6 of the 2023 U.S.-Palau Com9 pact Review Agreement; and 

10 (E) section 1409. 

11 (3) AUTHORITY.—The heads of the Federal 

12 agencies, departments, and instrumentalities to 

13 which appropriations are made available under para14 graph (1) as well as the Federal Deposit Insurance 

15 Corporation shall— 

16 (A) have the authority to carry out any ac17 tivities that are necessary to fulfill the obliga18 tions, services, and programs described in para19 graph (2); and 

20 (B) use available funds to carry out the ac21 tivities under subparagraph (A). 

22 (b) ADDITIONAL ASSISTANCE.—Any assistance pro23 vided pursuant to section 105(j) of the Compact of Free 

24 Association Amendments Act of 2003 (48 U.S.C. 

25 1921d(j)) (as amended by section 1409(j)) and sections 


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1 1405(a), 1406(a), 1407(b), and 1409 shall be in addition 

2 to and not charged against any amounts to be paid to the 

3 Federated States of Micronesia, the Republic of the Mar4 shall Islands, and the Republic of Palau pursuant to— 

5 (1) the 2023 Amended U.S.-FSM Compact; 

6 (2) the 2023 Amended U.S.-RMI Compact; 

7 (3) the 2023 U.S.-Palau Compact Review 

8 Agreement; or 

9 (4) any related subsidiary agreement. 

10 (c) REMAINING BALANCES.—Notwithstanding any 

11 other provision of law, including section 109 of the Com12 pact of Free Association Amendments Act of 2003 (48 

13 U.S.C. 1921h)— 

14 (1) remaining balances appropriated to carry 

15 out sections 211, 212(b), 215, and 217 of the 2023 

16 Amended U.S.-FSM Compact, shall be programmed 

17 pursuant to Article IX of the 2023 U.S.-FSM Fiscal 

18 Procedures Agreement; and 

19 (2) remaining balances appropriated to carry 

20 out sections 211, 213(b), 216, and 218 of the 2023 

21 Amended U.S.-RMI Compact, shall be programmed 

22 pursuant to Article XI of the 2023 U.S.-RMI Fiscal 

23 Procedures Agreement. 

24 (d) GRANTS.—Notwithstanding any other provision 

25 of law— 


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1 (1) contributions under the 2023 Amended 

2 U.S.-FSM Compact, the 2023 U.S.-Palau Compact 

3 Review Agreement, and the 2023 Amended U.S.- 

4 RMI Compact may be provided as grants for pur5 poses of implementation of the 2023 Amended U.S.- 

6 FSM Compact, the 2023 U.S.-Palau Compact Re7 view Agreement, and the 2023 Amended U.S.-RMI 

8 Compact under the laws of the United States; and 

9 (2) funds appropriated pursuant to section 

10 1411 may be deposited in interest-bearing accounts 

11 and any interest earned may be retained in and form 

12 part of those accounts for use consistent with the 

13 purpose of the deposit. 

14 (e) RULE OF CONSTRUCTION.—Except as specifically 

15 provided, nothing in this joint resolution or the amend16 ments made by this joint resolution amends the following: 

17 (1) Title I of the Compact of Free Association 

18 Act of 1985 (48 U.S.C. 1901 et seq.). 

19 (2) Title I of Public Law 99–658 (48 U.S.C. 

20 1931 et seq.). 

21 (3) Title I of the Compact of Free Association 

22 Amendments Act of 2003 (48 U.S.C. 1921 et seq.). 

23 (4) Section 1259C of the National Defense Au24 thorization Act for Fiscal Year 2018 (48 U.S.C. 

25 1931 note; Public Law 115–91). 


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1 (5) The Department of the Interior, Environ2 ment, and Related Agencies Appropriations Act, 

3 2018 (Public Law 115–141; 132 Stat. 635). 

4 (f) CLARIFICATION RELATING TO APPROPRIATED

5 FUNDS.—Notwithstanding section 109 of the Compacts of 

6 Free Association Amendments Act of 2003 (48 U.S.C. 

7 1921h)— 

8 (1) funds appropriated by that section and de9 posited into the RMI Compact Trust Fund shall be 

10 governed by the 2023 U.S.-RMI Trust Fund Agree11 ment on entry into force of the 2023 U.S.-RMI 

12 Trust Fund Agreement; 

13 (2) funds appropriated by that section and de14 posited into the FSM Compact Trust Fund shall be 

15 governed by the 2023 U.S.-FSM Trust Fund Agree16 ment on entry into force of the 2023 U.S.-FSM 

17 Trust Fund Agreement; 

18 (3) funds appropriated by that section and 

19 made available for fiscal year 2024 or any fiscal year 

20 thereafter as grants to carry out the purposes of sec21 tion 211(b) of the 2003 U.S.-RMI Amended Com22 pact shall be subject to the provisions of the 2023 

23 U.S.-RMI Fiscal Procedures Agreement on entry 

24 into force of the 2023 U.S.-RMI Fiscal Procedures 

25 Agreement; 


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1 (4) funds appropriated by that section and 

2 made available for fiscal year 2024 or any fiscal year 

3 thereafter as grants to carry out the purposes of sec4 tion 221 of the 2003 U.S.-RMI Amended Compact 

5 shall be subject to the provisions of the 2023 U.S.- 

6 RMI Fiscal Procedures Agreement on entry into 

7 force of the 2023 U.S.-RMI Fiscal Procedures 

8 Agreement, except as modified in the Federal Pro9 grams and Services Agreement in force between the 

10 United States and the Republic of the Marshall Is11 lands; and 

12 (5) funds appropriated by that section and 

13 made available for fiscal year 2024 or any fiscal year 

14 thereafter as grants to carry out the purposes of sec15 tion 221 of the 2003 U.S.-FSM Amended Compact 

16 shall be subject to the provisions of the 2023 U.S.- 

17 FSM Fiscal Procedures Agreement on entry into 

18 force of the 2023 U.S.-FSM Fiscal Procedures 

19 Agreement, except as modified in the 2023 U.S.- 

20 FSM Federal Programs and Services Agreement. 

21 SEC. 1411. COMPACT APPROPRIATIONS. 

22 (a) FUNDING FOR ACTIVITIES OF THE SECRETARY

23 OF THE INTERIOR.—For the period of fiscal years 2024 

24 through 2043, there are appropriated to the Compact of 

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1 rior, out of any funds in the Treasury not otherwise appro2 priated, to remain available until expended, the amounts 

3 described in and to carry out the purposes of— 

4 (1) sections 261, 265, and 266 of the 2023 

5 Amended U.S.-FSM Compact; 

6 (2) sections 261, 265, and 266 of the 2023 

7 Amended U.S.-RMI Compact; and 

8 (3) Articles 1, 2, and 3 of the 2023 U.S.-Palau 

9 Compact Review Agreement. 

10 (b) FUNDING FOR ACTIVITIES OF THE UNITED

11 STATES POSTAL SERVICE.— 

12 (1) APPROPRIATION.—There is appropriated to 

13 the United States Postal Service, out of any funds 

14 in the Treasury not otherwise appropriated for each 

15 of fiscal years 2024 through 2043, $31,700,000, to 

16 remain available until expended, to carry out the 

17 costs of the following provisions that are not other18 wise funded: 

19 (A) Section 221(a)(2) of the 2023 Amend20 ed U.S.-FSM Compact. 

21 (B) Section 221(a)(2) of the 2023 Amend22 ed U.S.-RMI Compact. 

23 (C) Section 221(a)(2) of the U.S.-Palau 

24 Compact. 


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1 (D) Article 6(a) of the 2023 U.S.-Palau 

2 Compact Review Agreement. 

3 (2) DEPOSIT.— 

4 (A) IN GENERAL.—The amounts appro5 priated to the United States Postal Service 

6 under paragraph (1) shall be deposited into the 

7 Postal Service Fund established under section 

8 2003 of title 39, United States Code, to carry 

9 out the provisions described in that paragraph. 

10 (B) REQUIREMENT.—Any amounts depos11 ited into the Postal Service Fund under sub12 paragraph (A) shall be the fiduciary, fiscal, and 

13 audit responsibility of the Postal Service. 

14 (c) FUNDING FOR JUDICIAL TRAINING.—There is 

15 appropriated to the Secretary of the Interior to carry out 

16 section 1409(d) out of any funds in the Treasury not oth17 erwise appropriated, $550,000 for each of fiscal years 

18 2024 through 2043, to remain available until expended. 

19 (d) TREATMENT OF PREVIOUSLY APPROPRIATED

20 AMOUNTS.—The total amounts made available to the Gov21 ernment of the Federated States of Micronesia and the 

22 Government of the Republic of the Marshall Islands under 

23 subsection (a) shall be reduced by amounts made available 

24 to the Government of the Federated States of Micronesia 

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1 lands, as applicable, under section 2101(a) of the Con2 tinuing Appropriations Act, 2024 and Other Extensions 

3 Act (Public Law 118–15; 137 Stat. 81) (as amended by 

4 section 101 of division B of the Further Continuing Ap5 propriations and Other Extensions Act, 2024 (Public Law 

6 118–22; 137 Stat. 114) and section 201 of the Further 

7 Additional Continuing Appropriations and Other Exten8 sions Act, 2024 (Public Law 118–35; 138 Stat. 7)). 

9 SEC. 1412. RESCISSION OF INFLATION REDUCTION ACT 

10 FUNDS. 

11 The unobligated balances of amounts appropriated or 

12 otherwise made available by each of the following provi13 sions of Public Law 117–169 (commonly referred to as 

14 the ‘‘Inflation Reduction Act’’) are hereby permanently re15 scinded: 

16 (1) Section 50131. 

17 (2) Section 50144. 

18 (3) Section 60114. 

19 (4) Section 60501. 


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1 TITLE XV—MISCELLANEOUS 

2 MATTERS 

3 SEC. 1501. COUNTERING THE EVASION OF EXPORT CON4 TROLS. 

5 Section 1756 of the John S. McCain National De6 fense Authorization Act for fiscal year 2019 (Public Law 

7 115-232; 50 U.S.C. 4815) is amended— 

8 (a) by redesignating subsections (c) and (d) as sub9 sections (d) and (e); and 

10 (b) by inserting after subsection (b) the following new 

11 subsection: 

12 ‘‘(c) EXPORT CONTROL EVASION RISKS.— 

13 ‘‘(1) EXPORT CONTROL EVASION RISK DE14 FINED.—In this Act, the term ‘export control eva15 sion risk’ means any foreign person— 

16 ‘‘(A) listed pursuant to Section 1754(a)(2) 

17 of this Act and subject to restrictions pursuant 

18 to Section 1754(a)(4) of this Act; and 

19 ‘‘(B) domiciled in a country subject to an 

20 arms embargo imposed by the United States. 

21 ‘‘(2) LICENSING POLICIES FOR EXPORT CON22 TROL EVASION RISKS.—Procedures pursuant to sub23 section (a) of this section applied to an export con24 trol evasion risk shall apply to any person that— 


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1 ‘‘(A) is a successor, subunit, parent com2 pany or subsidiary of that export control eva3 sion risk; 

4 ‘‘(B) is owned or controlled by, or is acting 

5 for or on behalf of, directly or indirectly, any 

6 person described in subparagraph (A); 

7 ‘‘(C) owns or controls, directly or indi8 rectly, a person described in subparagraphs (A) 

9 and (B); or 

10 ‘‘(D) is owned or controlled by, directly or 

11 indirectly, a person described in subparagraph 

12 (C).’’. 

13 SEC. 1502. TECHNOLOGY CONTROL OPERATING COM14 MITTEE DECISION MAKING. 

15 Licensing decisions shall be determined by the four 

16 agencies on the Operating Committee. Each agency shall 

17 have one vote for license applications. A majority vote 

18 shall be the Operating Committee’s final disposition. In 

19 the event of a two-to-two tie vote, a license shall be denied. 

20 Escalation to the Advisory Committee on Export Policy 

21 shall only be allowed in instances when agencies on the 

22 Operating Committee seek to overturn the approval of a 

23 license at the Operating Committee level. All votes at the 

24 Operating Committee shall be recorded and transmitted 


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1 to the House Foreign Affairs Committee and Senate 

2 Banking Committee every 30 days. 

3 SEC. 1503. REPORT RELATING TO IDENTIFICATION AND 

4 CONTROL OF EMERGING AND 

5 FOUNDATIONAL TECHNOLOGIES. 

6 Section 1758 of the Export Control Reform Act of 

7 2018 (50 U.S.C. 4817) is amended by striking subsection 

8 (e) and inserting the following: 

9 ‘‘(e) REPORT TO CONGRESS.— 

10 ‘‘(1) IN GENERAL.—Not less frequently than 

11 every 90 days, the Secretary, in coordination with 

12 the Secretary of Defense, the Secretary of State, the 

13 Secretary of Energy, and the heads of other Federal 

14 agencies, as appropriate, shall submit to the appro15 priate congressional committees a report on efforts 

16 to identify and control emerging and foundational 

17 technologies pursuant to this section. 

18 ‘‘(2) ELEMENTS.—Each report required by 

19 paragraph (1) shall include the following: 

20 ‘‘(A) A description of the methods and 

21 process used to evaluate and identify such tech22 nologies, including— 

23 ‘‘(i) the agendas and participants for 

24 all meetings to discuss technologies during 

25 the reporting time period; 


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1 ‘‘(ii) experts within and outside gov2 ernment, including national labs, used to 

3 consult on technologies; and 

4 ‘‘(iii) use of open source and classified 

5 information. 

6 ‘‘(B) Potential methods to improve the 

7 evaluation and identification of such tech8 nologies, including— 

9 ‘‘(i) leadership of the interagency 

10 process and what agency is best equipped 

11 to carry out this requirement; 

12 ‘‘(ii) the level of financial resources 

13 needed; and 

14 ‘‘(iii) whether the government has ex15 isting technical expertise to carry out this 

16 requirement or new partnerships or hiring 

17 authorities are needed. 

18 ‘‘(C) An individual description of such 

19 technologies evaluated and recommended for 

20 identification, including— 

21 ‘‘(i) what agency proposed the identi22 fication; 

23 ‘‘(ii) the justification for the identi24 fication; 


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1 ‘‘(iii) end-uses and end-users of con2 cern that will be able to access the tech3 nology; 

4 ‘‘(iv) foreign availability of the tech5 nology and levels of control; 

6 ‘‘(v) development of the technology in 

7 embargoed countries; and 

8 ‘‘(vi) anticipated impacts, including 

9 loss of revenue, on the United States in10 dustrial base of the control. 

11 ‘‘(D) An individual description of such 

12 technologies evaluated and not recommended 

13 for identification and control, including— 

14 ‘‘(i) what agency proposed the control; 

15 ‘‘(ii) what agency objected to the pro16 posed control; 

17 ‘‘(iii) foreign availability of the tech18 nology and levels of control; 

19 ‘‘(iv) end-uses and end-users of con20 cern that will be able to access the tech21 nology; 

22 ‘‘(v) development of the technology in 

23 embargoed countries; 


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1 ‘‘(vi) justifications, risk-based and 

2 economic analyses, for not establishing 

3 controls; and 

4 ‘‘(vii) anticipated impacts, including 

5 gains to revenue that will be used for re6 search and development, on the united 

7 states industrial base. 

8 ‘‘(E) A summary of actions taken pursuant 

9 to this section, including actions taken pursuant 

10 to this section and the results of such actions. 

11 ‘‘(3) FORM.—The report required by this sub12 section shall be submitted in unclassified form, but 

13 may contain a classified annex. 

14 ‘‘(4) DEFINITIONS.—In this section, the term 

15 appropriate congressional committees means— 

16 ‘‘(A) the Committee on Financial Services, 

17 the Committee on Foreign Affairs, the Com18 mittee on Armed Services, and the Permanent 

19 Select Committee on Intelligence of the House 

20 of Representatives; and 

21 ‘‘(B) the Committee on Banking, Housing, 

22 and Urban Affairs, the Committee on Foreign 

23 Relations, the Committee on Armed Services, 

24 and the Select Committee on Intelligence of the 

25 Senate.’’. 


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1 SEC. 1504. TRANSFER OF BUREAU OF INDUSTRY AND SECU2 RITY TO THE DEPARTMENT OF STATE. 

3 (a) IN GENERAL.—The Bureau of Industry and Se4 curity is abolished. 

5 (b) TRANSFER OF FUNCTIONS.—There are trans6 ferred to the Secretary of State all functions that, on the 

7 day before the date of the enactment of this Act, were 

8 authorized to be performed by the Bureau of Industry and 

9 Security under any statute, reorganization plan, Executive 

10 order, or other provision of law. 

11 (c) TRANSFER OF ASSETS AND LIABILITIES.—The 

12 Secretary of Commerce shall transfer to the Secretary of 

13 State all contracts, property, records, and unexpended bal14 ance of appropriations, authorizations, allocations, and 

15 other funds employed, held, used, arising from, available 

16 to, or to be made available in connection with the func17 tions of the Bureau of Industry and Security transferred. 

18 SEC. 1505. SHORT TITLE. 

19 This Act may be cited as the ‘‘Telling Everyone the 

20 Location of data Leaving the U.S. Act’’ or the ‘‘TELL 

21 Act’’. 

22 SEC. 1506. COUNTRY DISCLOSURE REQUIREMENTS. 

23 (a) DISCLOSURE REQUIREMENTS.—Any person that 

24 maintains an internet website or that sells or distributes 

25 a mobile application that stores and maintains information 

26 collected from such website or application in the People’s 


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1 Republic of China shall disclose to any individual who 

2 downloads or otherwise uses such website or application, 

3 in a clear and conspicuous manner, the following: 

4 (1) That such information is stored and main5 tained in the People’s Republic of China. 

6 (2) Whether the Chinese Communist Party or 

7 a Chinese State-owned entity has access to such in8 formation. 

9 (b) FALSE INFORMATION.—It shall be unlawful for 

10 a person required to disclose information under subsection 

11 (a) to knowingly disclose false information under such 

12 subsection. 

13 SEC. 1507. ENFORCEMENT. 

14 (a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 

15 A violation of this Act shall be treated as a violation of 

16 a rule defining an unfair or deceptive act or practice pre17 scribed under section 18(a)(1)(B) of the Federal Trade 

18 Commission Act (15 U.S.C. 57a(a)(1)(B)). 

19 (b) POWERS OF FEDERAL TRADE COMMISSION.— 

20 (1) IN GENERAL.—The Federal Trade Commis21 sion shall enforce this Act in the same manner, by 

22 the same means, and with the same jurisdiction, 

23 powers, and duties as though all applicable terms 

24 and provisions of the Federal Trade Commission Act 


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1 (15 U.S.C. 41 et seq.) were incorporated into and 

2 made a part of this Act. 

3 (2) PRIVILEGES AND IMMUNITIES.—Any person 

4 that violates this Act shall be subject to the pen5 alties, and entitled to the privileges and immunities, 

6 provided in the Federal Trade Commission Act (15 

7 U.S.C. 41 et seq.). 

8 TITLE XVI—LICENSING POLICY 

9 FOR NATIONAL SECURITY 

10 THREATS 

11 SEC. 1601. REPORT ON LICENSE APPLICATIONS AND OTHER 

12 REQUESTS FOR AUTHORIZATION FOR THE 

13 EXPORT, REEXPORT, AND IN-COUNTRY 

14 TRANSFER OF ITEMS CONTROLLED UNDER 

15 PART I OF THE EXPORT CONTROL REFORM 

16 ACT OF 2018 TO LISTED ENTITIES THAT 

17 THREATEN UNITED STATES NATIONAL SECU18 RITY AND FOREIGN POLICY INTERESTS. 

19 Section 1756 of the Export Control Reform Act of 

20 2018 (50 U.S.C. 4815) is amended by adding at the end 

21 the following: 

22 ‘‘(e) REPORT TO CONGRESS.— 

23 ‘‘(1) IN GENERAL.—Not less frequently than 

24 every 90 days, the Secretary, in coordination with 

25 the Secretary of Defense, the Secretary of State, the 


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1 Secretary of Energy, and the heads of other Federal 

2 agencies, as appropriate, shall submit to the appro3 priate congressional committees a report on license 

4 applications and other requests for authorization for 

5 the export, reexport, and in-country transfer of 

6 items controlled under this part to covered entities. 

7 ‘‘(2) ELEMENTS.—Each report required by 

8 paragraph (1) shall include the following: 

9 ‘‘(A) For each license application or other 

10 request for authorization— 

11 ‘‘(i) the name of the entity submitting 

12 the application (both parent company as 

13 well as the subsidiary directly involved), a 

14 brief description of the item (including the 

15 Export Control Classification Number 

16 (ECCN) and level of control, if applicable), 

17 the name of the end-user in both English 

18 and Chinese characters, the end-user’s lo19 cation (not confined only to entities oper20 ating in the People’s Republic of China), a 

21 value estimate, decision with respect to the 

22 license application or authorization, and 

23 the date of submission; and 

24 ‘‘(ii) the date, location, and result of 

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1 ment actions to ensure compliance with the 

2 terms of the license or authorization. 

3 ‘‘(B) Aggregate statistics on all license ap4 plications and other requests for authorization 

5 as described in subparagraph (A). 

6 ‘‘(3) DEFINITIONS.—In this section: 

7 ‘‘(A) APPROPRIATE CONGRESSIONAL COM8 MITTEES.—The term ‘appropriate congressional 

9 committees’ means— 

10 ‘‘(i) the Committee on Foreign Affairs 

11 of the House of Representatives; and 

12 ‘‘(ii) the Committee on Banking, 

13 Housing, and Urban Affairs of the Senate. 

14 ‘‘(B) COVERED ENTITY.—The term ‘cov15 ered entity’ means any entity on— 

16 ‘‘(i) the list maintained and set forth 

17 in Supplement No. 4 to part 744 of the 

18 Export Administration Regulations; 

19 ‘‘(ii) the list maintained and set forth 

20 in Supplement No. 7 to part 744 of the 

21 Export Administration Regulations; or 

22 ‘‘(iii) the list maintained and pub23 lished under section 1237 of the Strom 

24 Thurmond National Defense Authorization 


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1 Act for Fiscal Year 1999 (50 U.S.C. 1701 

2 note) or any successor provision of law.’’. 

3 SEC. 1601. DESIGNATION ON ENTITY LIST OF ENTITIES 

4 IDENTIFIED ON THE DEPARTMENT OF DE5 FENSE’S CHINESE COMMUNIST PARTY MILI6 TARY LIST. 

7 (a) IN GENERAL.—The Secretary of Commerce shall 

8 designate on the list maintained and set forth in Supple9 ment No. 4 to part 744 of the Export Administration Reg10 ulations each entity identified on the list maintained and 

11 published under section 1237 of the Strom Thurmond Na12 tional Defense Authorization Act for Fiscal Year 1999 (50 

13 U.S.C. 1701 note) or any successor provision of law. 

14 (b) LICENSING POLICY.—Any entity designated 

15 under subsection (a) shall be required to obtain an export 

16 control license from the Department of Commerce under 

17 a licensing policy of a presumption of denial. 

18 TITLE XVII—IMMIGRATION 

19 SEC. 1701. SCRUTINY OF VISAS FOR CHINESE COMMUNIST 

20 PARTY MEMBERS. 

21 (a) INADMISSIBILITY.—Section 212(a)(3)(D) of the 

22 Immigration and Nationality Act (8 U.S.C. 

23 1182(a)(3)(D)) is amended— 


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1 (1) in the subparagraph heading, by striking 

2 ‘‘IMMIGRANT MEMBERSHIP’’ and inserting ‘‘MEM3 BERSHIP’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(v) PROHIBITION ON ISSUANCE OF

6 CERTAIN VISAS TO MEMBERS OF THE CHI7 NESE COMMUNIST PARTY.—An alien who 

8 is or has been a member of or affiliated 

9 with the Chinese Communist Party— 

10 ‘‘(I) is inadmissible; and 

11 ‘‘(II) shall not be issued a visa as 

12 a nonimmigrant described in section 

13 101(a)(15)(B).’’. 

14 (b) APPLICATIONS FOR VISA EXTENSIONS.—With re15 spect to applications to extend visas issued to non16 immigrants described in section 101(a)(15)(B) of the Im17 migration and Nationality Act (8 U.S.C. 1101(a)(15)(B)) 

18 through enrollment in the Electronic Visa Update System 

19 or any successor system— 

20 (1) the Commissioner of U.S. Customs and 

21 Border Protection shall ensure that such system has 

22 a functionality for determining whether an applicant 

23 is a covered alien; and 


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1 (2) in the case of an applicant determined to be 

2 a covered alien, the applicant’s request for enroll3 ment shall be denied. 

4 (c) CANCELLATION OF VISAS AUTHORIZED.— 

5 (1) IN GENERAL.—On encountering a covered 

6 alien who is in possession of a valid, unexpired visa 

7 issued under section 101(a)(15)(B) of the Immigra8 tion and Nationality Act (8 U.S.C. 1101(a)(15)(B)), 

9 the Commissioner of US. Customs and Border Pro10 tection shall cancel such visa. 

11 (2) ROLE OF BUREAU OF CONSULAR AF12 FAIRS.—Not later than 90 days after the date of the 

13 enactment of this Act, the Assistant Secretary for 

14 Consular Affairs shall— 

15 (A) cancel all nonimmigrant visas issued to 

16 covered aliens under section 101(a)(15)(B) of 

17 the Immigration and Nationality Act (8 U.S.C. 

18 1101(a)(15)(B)); and 

19 (B) update the Consular Consolidated 

20 Database and the Consular Lookout and Sup21 port System to reflect such cancellations. 

22 (3) REMEDY.—The sole legal remedy available 

23 to an alien whose visa has been cancelled under this 

24 subsection shall be to submit a new application for 


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1 a visa in accordance with the procedures established 

2 by the Bureau of Consular Affairs. 

3 (d) DEFINITION OF COVERED ALIEN.—In this sec4 tion, the term ‘‘covered alien’’ means an alien who is or 

5 has been a member of or affiliated with the Chinese Com6 munist Party. 

7 SEC. 1702. LIMITATION ON ELIGIBILITY FOR INVESTOR 

8 VISAS. 

9 (a) DEFINITIONS.—In this section: 

10 (1) COUNTRY OF CONCERN.—the term ‘‘country 

11 of concern’’— 

12 (A) has the meaning given the term ‘‘cov13 ered nation’’ in section 4872(d) of title 10, 

14 United States Code; and 

15 (B) includes a jurisdiction that the com16 mission, in consultation with the Secretary of 

17 State and the Secretary of the Treasury, deter18 mines to be subject to the political and legal 

19 control of a covered nation, as defined in sec20 tion 4872(d) of title 10, United States Code. 

21 (b) Section 203(b)(5) of the immigration and nation22 ality act (8 U.S.C. 1153(b)(5)) is amended by adding at 

23 the end the following: 

24 ‘‘(E) COUNTRY OF CONCERN LIMITA25 TION.— 


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1 ‘‘(i) IN GENERAL.—A citizen or na2 tional of a country of concern is prohibited 

3 from receiving any visa made available 

4 under this paragraph. Section 610 of the 

5 Departments of Commerce, Justice, and 

6 State, the Judiciary, and Related Agencies 

7 Appropriations Act, 1993 (8 U.S.C. 1153 

8 note) is amended by adding at the end the 

9 following: 

10 ‘‘(e)(1) A citizen or national of a country of concern 

11 shall be ineligible for the pilot program described in this 

12 section.’’. 

13 TITLE XVIII 

14 Subtitle A—Onshore and Offshore 

15 Leasing and Oversight 

16 SEC. 1801. ONSHORE OIL AND GAS LEASING. 

17 (a) REQUIREMENT TO IMMEDIATELY RESUME ON18 SHORE OIL AND GAS LEASE SALES.— 

19 (1) IN GENERAL.—The Secretary of the Inte20 rior shall immediately resume quarterly onshore oil 

21 and gas lease sales in compliance with the Mineral 

22 Leasing Act (30 U.S.C. 181 et seq.). 

23 (2) REQUIREMENT.—The Secretary of the Inte24 rior shall ensure— 


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1 (A) that any oil and gas lease sale pursu2 ant to paragraph (1) is conducted immediately 

3 on completion of all applicable scoping, public 

4 comment, and environmental analysis require5 ments under the Mineral Leasing Act (30 

6 U.S.C. 181 et seq.) and the National Environ7 mental Policy Act of 1969 (42 U.S.C. 4321 et 

8 seq.); and 

9 (B) that the processes described in sub10 paragraph (A) are conducted in a timely man11 ner to ensure compliance with subsection (b)(1). 

12 (3) LEASE OF OIL AND GAS LANDS.—Section 

13 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C. 

14 226(b)(1)(A)) is amended by inserting ‘‘Eligible 

15 lands comprise all lands subject to leasing under this 

16 Act and not excluded from leasing by a statutory or 

17 regulatory prohibition. Available lands are those 

18 lands that have been designated as open for leasing 

19 under a land use plan developed under section 202 

20 of the Federal Land Policy and Management Act of 

21 1976 and that have been nominated for leasing 

22 through the submission of an expression of interest, 

23 are subject to drainage in the absence of leasing, or 

24 are otherwise designated as available pursuant to 


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1 regulations adopted by the Secretary.’’ after ‘‘sales 

2 are necessary.’’. 

3 (b) QUARTERLY LEASE SALES.— 

4 (1) IN GENERAL.—In accordance with the Min5 eral Leasing Act (30 U.S.C. 181 et seq.), each fiscal 

6 year, the Secretary of the Interior shall conduct a 

7 minimum of four oil and gas lease sales in each of 

8 the following States: 

9 (A) Wyoming. 

10 (B) New Mexico. 

11 (C) Colorado. 

12 (D) Utah. 

13 (E) Montana. 

14 (F) North Dakota. 

15 (G) Oklahoma. 

16 (H) Nevada. 

17 (I) Alaska. 

18 (J) Any other State in which there is land 

19 available for oil and gas leasing under the Min20 eral Leasing Act (30 U.S.C. 181 et seq.) or any 

21 other mineral leasing law. 

22 (2) REQUIREMENT.—In conducting a lease sale 

23 under paragraph (1) in a State described in that 

24 paragraph, the Secretary of the Interior shall offer 

25 all parcels nominated and eligible pursuant to the 


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1 requirements of the Mineral Leasing Act (30 U.S.C. 

2 181 et seq.) for oil and gas exploration, develop3 ment, and production under the resource manage4 ment plan in effect for the State. 

5 (3) REPLACEMENT SALES.—The Secretary of 

6 the Interior shall conduct a replacement sale during 

7 the same fiscal year if— 

8 (A) a lease sale under paragraph (1) is 

9 canceled, delayed, or deferred, including for a 

10 lack of eligible parcels; or 

11 (B) during a lease sale under paragraph 

12 (1) the percentage of acreage that does not re13 ceive a bid is equal to or greater than 25 per14 cent of the acreage offered. 

15 (4) NOTICE REGARDING MISSED SALES.—Not 

16 later than 30 days after a sale required under this 

17 subsection is canceled, delayed, deferred, or other18 wise missed the Secretary of the Interior shall sub19 mit to the Committee on Natural Resources of the 

20 House of Representatives and the Committee on En21 ergy and Natural Resources of the Senate a report 

22 that states what sale was missed and why it was 

23 missed. 


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1 SEC. 1802. LEASE REINSTATEMENT. 

2 The reinstatement of a lease entered into under the 

3 Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Geo4 thermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) by 

5 the Secretary shall be not considered a major Federal ac6 tion under section 102(2)(C) of the National Environ7 mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 

8 SEC. 1803. PROTESTED LEASE SALES. 

9 Section 17(b)(1)(A) of the Mineral Leasing Act (30 

10 U.S.C. 226(b)(1)(A)) is amended by inserting ‘‘The Sec11 retary shall resolve any protest to a lease sale not later 

12 than 60 days after such payment.’’ after ‘‘annual rental 

13 for the first lease year.’’. 

14 SEC. 1804. SUSPENSION OF OPERATIONS. 

15 Section 17 of the Mineral Leasing Act (30 U.S.C. 

16 226) is amended by adding at the end the following: 

17 ‘‘(r) SUSPENSION OF OPERATIONS PERMITS.—In the 

18 event that an oil and gas lease owner has submitted an 

19 expression of interest for adjacent acreage that is part of 

20 the nature of the geological play and has yet to be offered 

21 in a lease sale by the Secretary, they may request a sus22 pension of operations from the Secretary of the Interior 

23 and upon request, the Secretary shall grant the suspension 

24 of operations within 15 days. Any payment of acreage 

25 rental or of minimum royalty prescribed by such lease like26 wise shall be suspended during such period of suspension 


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1 of operations and production; and the term of such lease 

2 shall be extended by adding any such suspension period 

3 thereto.’’. 

4 SEC. 1805. ADMINISTRATIVE PROTEST PROCESS REFORM. 

5 Section 17 of the Mineral Leasing Act (30 U.S.C. 

6 226) is further amended by adding at the end the fol7 lowing: 

8 ‘‘(s) PROTEST FILING FEE.— 

9 ‘‘(1) IN GENERAL.—Before processing any pro10 test filed under this section, the Secretary shall col11 lect a filing fee in the amount described in para12 graph (2) from the protestor to recover the cost for 

13 processing documents filed for each administrative 

14 protest. 

15 ‘‘(2) AMOUNT.—The amount described in this 

16 paragraph is calculated as follows: 

17 ‘‘(A) For each protest filed in a submission 

18 not exceeding 10 pages in length, the base filing 

19 fee shall be $150. 

20 ‘‘(B) For each submission exceeding 10 

21 pages in length, in addition to the base filing 

22 fee, an assessment of $5 per page in excess of 

23 10 pages shall apply. 

24 ‘‘(C) For protests that include more than 

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1 plication for permit to drill in a submission, an 

2 additional assessment of $10 per additional 

3 lease parcel, right-of-way, or application for 

4 permit to drill shall apply. 

5 ‘‘(3) ADJUSTMENT.— 

6 ‘‘(A) IN GENERAL.—Beginning on January 

7 1, 2025, and annually thereafter, the Secretary 

8 shall adjust the filing fees established in this 

9 subsection to whole dollar amounts to reflect 

10 changes in the Producer Price Index, as pub11 lished by the Bureau of Labor Statistics, for 

12 the previous 12 months. 

13 ‘‘(B) PUBLICATION OF ADJUSTED FILING

14 FEES.—At least 30 days before the filing fees 

15 as adjusted under this paragraph take effect, 

16 the Secretary shall publish notification of the 

17 adjustment of such fees in the Federal Reg18 ister.’’. 

19 SEC. 1806. LEASING AND PERMITTING TRANSPARENCY. 

20 (a) REPORT.—Not later than 30 days after the date 

21 of the enactment of this section, and annually thereafter, 

22 the Secretary of the Interior shall submit to the Com23 mittee on Natural Resources of the House of Representa24 tives and the Committee on Energy and Natural Re25 sources of the Senate a report that describes— 


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1 (1) the status of nominated parcels for future 

2 onshore oil and gas and geothermal lease sales, in3 cluding— 

4 (A) the number of expressions of interest 

5 received each month during the period of 365 

6 days that ends on the date on which the report 

7 is submitted with respect to which the Bureau 

8 of Land Management— 

9 (i) has not taken any action to review; 

10 (ii) has not completed review; or 

11 (iii) has completed review and deter12 mined that the relevant area meets all ap13 plicable requirements for leasing, but has 

14 not offered the relevant area in a lease 

15 sale; 

16 (B) how long expressions of interest de17 scribed in subparagraph (A) have been pending; 

18 and 

19 (C) a plan, including timelines, for how the 

20 Secretary of the Interior plans to— 

21 (i) work through future expressions of 

22 interest to prevent delays; 

23 (ii) put expressions of interest de24 scribed in subparagraph (A) into a lease 

25 sale; and 


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1 (iii) complete review for expressions of 

2 interest described in clauses (i) and (ii) of 

3 subparagraph (A); 

4 (2) the status of each pending application for 

5 permit to drill received during the period of 365 

6 days that ends on the date on which the report is 

7 submitted, including the number of applications re8 ceived each month, by each Bureau of Land Man9 agement office, including— 

10 (A) a description of the cause of delay for 

11 pending applications, including as a result of 

12 staffing shortages, technical limitations, incom13 plete applications, and incomplete review pursu14 ant to the National Environmental Policy Act 

15 of 1969 (42 U.S.C. 4321 et seq.) or other ap16 plicable laws; 

17 (B) the number of days an application has 

18 been pending in violation of section 17(p)(2) of 

19 the Mineral Leasing Act (30 U.S.C. 226(p)(2)); 

20 and 

21 (C) a plan for how the office intends to 

22 come into compliance with the requirements of 

23 section 17(p)(2) of the Mineral Leasing Act (30 

24 U.S.C. 226(p)(2)); 


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1 (3) the number of permits to drill issued each 

2 month by each Bureau of Land Management office 

3 during the 5-year period ending on the date on 

4 which the report is submitted; 

5 (4) the status of each pending application for a 

6 license for offshore geological and geophysical sur7 veys received during the period of 365 days that 

8 ends on the date on which the report is submitted, 

9 including the number of applications received each 

10 month, by each Bureau of Ocean Energy manage11 ment regional office, including— 

12 (A) a description of any cause of delay for 

13 pending applications, including as a result of 

14 staffing shortages, technical limitations, incom15 plete applications, and incomplete review pursu16 ant to the National Environmental Policy Act 

17 of 1969 (42 U.S.C. 4321 et seq.) or other ap18 plicable laws; 

19 (B) the number of days an application has 

20 been pending; and 

21 (C) a plan for how the Bureau of Ocean 

22 Energy Management intends to complete review 

23 of each application; 

24 (5) the number of licenses for offshore geologi25 cal and geophysical surveys issued each month by 


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1 each Bureau of Ocean Energy Management regional 

2 office during the 5-year period ending on the date on 

3 which the report is submitted; 

4 (6) the status of each pending application for a 

5 permit to drill received during the period of 365 

6 days that ends on the date on which the report is 

7 submitted, including the number of applications re8 ceived each month, by each Bureau of Safety and 

9 Environmental Enforcement regional office, includ10 ing— 

11 (A) a description of any cause of delay for 

12 pending applications, including as a result of 

13 staffing shortages, technical limitations, incom14 plete applications, and incomplete review pursu15 ant to the National Environmental Policy Act 

16 of 1969 (42 U.S.C. 4321 et seq.) or other ap17 plicable laws; 

18 (B) the number of days an application has 

19 been pending; and 

20 (C) steps the Bureau of Safety and Envi21 ronmental Enforcement is taking to complete 

22 review of each application; 

23 (7) the number of permits to drill issued each 

24 month by each Bureau of Safety and Environmental 

25 Enforcement regional office during the period of 365 


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1 days that ends on the date on which the report is 

2 submitted; 

3 (8) how, as applicable, the Bureau of Land 

4 Management, the Bureau of Ocean Energy Manage5 ment, and the Bureau of Safety and Environmental 

6 Enforcement determines whether to— 

7 (A) issue a license for geological and geo8 physical surveys; 

9 (B) issue a permit to drill; and 

10 (C) issue, extend, or suspend an oil and 

11 gas lease; 

12 (9) when determinations described in paragraph 

13 (8) are sent to the national office of the Bureau of 

14 Land Management, the Bureau of Ocean Energy 

15 Management, or the Bureau of Safety and Environ16 mental Enforcement for final approval; 

17 (10) the degree to which Bureau of Land Man18 agement, Bureau of Ocean Energy Management, 

19 and Bureau of Safety and Environmental Enforce20 ment field, State, and regional offices exercise dis21 cretion on such final approval; 

22 (11) during the period of 365 days that ends on 

23 the date on which the report is submitted, the num24 ber of auctioned leases receiving accepted bids that 

25 have not been issued to winning bidders and the 


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1 number of days such leases have not been issued; 

2 and 

3 (12) a description of the uses of application for 

4 permit to drill fees paid by permit holders during 

5 the 5-year period ending on the date on which the 

6 report is submitted. 

7 (b) PENDING APPLICATIONS FOR PERMITS TO

8 DRILL.—Not later than 30 days after the date of the en9 actment of this section, the Secretary of the Interior 

10 shall— 

11 (1) complete all requirements under the Na12 tional Environmental Policy Act of 1969 (42 U.S.C. 

13 4321 et seq.) and other applicable law that must be 

14 met before issuance of a permit to drill described in 

15 paragraph (2); and 

16 (2) issue a permit for all completed applications 

17 to drill that are pending on the date of the enact18 ment of this Act. 

19 (c) PUBLIC AVAILABILITY OF DATA.— 

20 (1) MINERAL LEASING ACT.—Section 17 of the 

21 Mineral Leasing Act (30 U.S.C. 226) is further 

22 amended by adding at the end the following: 

23 ‘‘(t) PUBLIC AVAILABILITY OF DATA.— 

24 ‘‘(1) EXPRESSIONS OF INTEREST.—Not later 

25 than 30 days after the date of the enactment of this 


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1 subsection, and each month thereafter, the Secretary 

2 shall publish on the website of the Department of 

3 the Interior the number of pending, approved, and 

4 not approved expressions of interest in nominated 

5 parcels for future onshore oil and gas lease sales in 

6 the preceding month. 

7 ‘‘(2) APPLICATIONS FOR PERMITS TO DRILL.— 

8 Not later than 30 days after the date of the enact9 ment of this subsection, and each month thereafter, 

10 the Secretary shall publish on the website of the De11 partment of the Interior the number of pending and 

12 approved applications for permits to drill in the pre13 ceding month in each State office. 

14 ‘‘(3) PAST DATA.—Not later than 30 days after 

15 the date of the enactment of this subsection, the 

16 Secretary shall publish on the website of the Depart17 ment of the Interior, with respect to each month 

18 during the 5-year period ending on the date of the 

19 enactment of this subsection— 

20 ‘‘(A) the number of approved and not ap21 proved expressions of interest for onshore oil 

22 and gas lease sales during such 5-year period; 

23 and 


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1 ‘‘(B) the number of approved and not ap2 proved applications for permits to drill during 

3 such 5-year period.’’. 

4 (2) OUTER CONTINENTAL SHELF LANDS ACT.— 

5 Section 8 of the Outer Continental Shelf Lands Act 

6 (43 U.S.C. 1337) is amended by adding at the end 

7 the following: 

8 ‘‘(q) PUBLIC AVAILABILITY OF DATA.— 

9 ‘‘(1) OFFSHORE GEOLOGICAL AND GEO10 PHYSICAL SURVEY LICENSES.—Not later than 30 

11 days after the date of the enactment of this sub12 section, and each month thereafter, the Secretary 

13 shall publish on the website of the Department of 

14 the Interior the number of pending and approved 

15 applications for licenses for offshore geological and 

16 geophysical surveys in the preceding month. 

17 ‘‘(2) APPLICATIONS FOR PERMITS TO DRILL.— 

18 Not later than 30 days after the date of the enact19 ment of this subsection, and each month thereafter, 

20 the Secretary shall publish on the website of the De21 partment of the Interior the number of pending and 

22 approved applications for permits to drill on the 

23 outer Continental Shelf in the preceding month in 

24 each regional office. 


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1 ‘‘(3) PAST DATA.—Not later than 30 days after 

2 the date of the enactment of this subsection, the 

3 Secretary shall publish on the website of the Depart4 ment of the Interior, with respect each month during 

5 the 5-year period ending on the date of the enact6 ment of this subsection— 

7 ‘‘(A) the number of approved applications 

8 for licenses for offshore geological and geo9 physical surveys; and 

10 ‘‘(B) the number of approved applications 

11 for permits to drill on the outer Continental 

12 Shelf.’’. 

13 (d) REQUIREMENT TO SUBMIT DOCUMENTS AND

14 COMMUNICATIONS.— 

15 (1) IN GENERAL.—Not later than 60 days after 

16 the date of the enactment of this section, the Sec17 retary of the Interior shall submit to the Committee 

18 on Energy and Natural Resources of the Senate and 

19 the Committee on Natural Resources of the House 

20 of Representatives all documents and communica21 tions relating to the comprehensive review of Federal 

22 oil and gas permitting and leasing practices required 

23 under section 208 of Executive Order 14008 (86 

24 Fed. Reg. 7624; relating to tackling the climate cri25 sis at home and abroad). 


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1 (2) INCLUSIONS.—The submission under para2 graph (1) shall include all documents and commu3 nications submitted to the Secretary of the Interior 

4 by members of the public in response to any public 

5 meeting or forum relating to the comprehensive re6 view described in that paragraph. 

7 SEC. 1807. OFFSHORE OIL AND GAS LEASING. 

8 (a) IN GENERAL.—The Secretary shall conduct all 

9 lease sales described in the 2017– 2022 Outer Continental 

10 Shelf Oil and Gas Leasing Proposed Final Program (No11 vember 2016) that have not been conducted as of the date 

12 of the enactment of this Act by not later than September 

13 30, 2023. 

14 (b) GULF OF MEXICO REGION ANNUAL LEASE

15 SALES.—Notwithstanding any other provision of law, and 

16 except within areas subject to existing oil and gas leasing 

17 moratoria beginning in fiscal year 2024, the Secretary of 

18 the Interior shall annually conduct a minimum of 2 re19 gion-wide oil and gas lease sales in the following planning 

20 areas of the Gulf of Mexico region, as described in the 

21 2017–2022 Outer Continental Shelf Oil and Gas Leasing 

22 Proposed Final Program (November 2016). 

23 (1) The Central Gulf of Mexico Planning Area. 

24 (2) The Western Gulf of Mexico Planning Area. 


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1 (c) ALASKA REGION ANNUAL LEASE SALES.—Not2 withstanding any other provision of law, beginning in fis3 cal year 2024, the Secretary of the Interior shall annually 

4 conduct a minimum of 2 region-wide oil and gas lease 

5 sales in the Alaska region of the Outer Continental Shelf, 

6 as described in the 2017–2022 Outer Continental Shelf 

7 Oil and Gas Leasing Proposed Final Program (November 

8 2016). 

9 (d) REQUIREMENTS.—In conducting lease sales 

10 under subsections (b) and (c), the Secretary of the Interior 

11 shall— 

12 (1) issue such leases in accordance with the 

13 Outer Continental Shelf Lands Act (43 U.S.C. 1332 

14 et seq.); and 

15 (2) include in each such lease sale all unleased 

16 areas that are not subject to a moratorium as of the 

17 date of the lease sale. 

18 SEC. 1808. FIVE-YEAR PLAN FOR OFFSHORE OIL AND GAS 

19 LEASING. 

20 Section 18 of the Outer Continental Shelf Lands Act 

21 (43 U.S.C. 1344) is amended— 

22 (1) in subsection (a)— 

23 (A) by striking ‘‘subsections (c) and (d) of 

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1 vise,’’ and inserting ‘‘this section, shall issue 

2 every five years’’; 

3 (B) by adding at the end the following: 

4 ‘‘(5) Each five-year program shall include at 

5 least two Gulf of Mexico region-wide lease sales per 

6 year.’’; and 

7 (C) in paragraph (3), by inserting ‘‘domes8 tic energy security,’’ after ‘‘between’’; 

9 (2) by redesignating subsections (f) through (i) 

10 as subsections (h) through (k), respectively; and 

11 (3) by inserting after subsection (e) the fol12 lowing: 

13 ‘‘(f) FIVE-YEAR PROGRAM FOR 2023–2028.—The 

14 Secretary shall issue the five-year oil and gas leasing pro15 gram for 2023 through 2028 and issue the Record of De16 cision on the Final Programmatic Environmental Impact 

17 Statement by not later than July 1, 2023. 

18 ‘‘(g) SUBSEQUENT LEASING PROGRAMS.— 

19 ‘‘(1) IN GENERAL.—Not later than 36 months 

20 after conducting the first lease sale under an oil and 

21 gas leasing program prepared pursuant to this sec22 tion, the Secretary shall begin preparing the subse23 quent oil and gas leasing program under this sec24 tion. 


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1 ‘‘(2) REQUIREMENT.—Each subsequent oil and 

2 gas leasing program under this section shall be ap3 proved by not later than 180 days before the expira4 tion of the previous oil and gas leasing program.’’. 

5 SEC. 1809. GEOTHERMAL LEASING. 

6 (a) ANNUAL LEASING.—Section 4(b) of the Geo7 thermal Steam Act of 1970 (30 U.S.C. 1003(b)) is amend8 ed— 

9 (1) in paragraph (2), by striking ‘‘2 years’’ and 

10 inserting ‘‘year’’; 

11 (2) by redesignating paragraphs (3) and (4) as 

12 paragraphs (5) and (6), respectively; and 

13 (3) after paragraph (2), by inserting the fol14 lowing: 

15 ‘‘(3) REPLACEMENT SALES.—If a lease sale 

16 under paragraph (1) for a year is canceled or de17 layed, the Secretary of the Interior shall conduct a 

18 replacement sale during the same year. 

19 ‘‘(4) REQUIREMENT.—In conducting a lease 

20 sale under paragraph (2) in a State described in 

21 that paragraph, the Secretary of the Interior shall 

22 offer all nominated parcels eligible for geothermal 

23 development and utilization under the resource man24 agement plan in effect for the State.’’. 


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1 (b) DEADLINES FOR CONSIDERATION OF GEO2 THERMAL DRILLING PERMITS.—Section 4 of the Geo3 thermal Steam Act of 1970 (30 U.S.C. 1003) is amended 

4 by adding at the end the following: 

5 ‘‘(h) DEADLINES FOR CONSIDERATION OF GEO6 THERMAL DRILLING PERMITS.— 

7 ‘‘(1) NOTICE.—Not later than 30 days after the 

8 date on which the Secretary receives an application 

9 for any geothermal drilling permit, the Secretary 

10 shall— 

11 ‘‘(A) provide written notice to the appli12 cant that the application is complete; or 

13 ‘‘(B) notify the applicant that information 

14 is missing and specify any information that is 

15 required to be submitted for the application to 

16 be complete. 

17 ‘‘(2) ISSUANCE OF DECISION.—If the Secretary 

18 determines that an application for a geothermal 

19 drilling permit is complete under paragraph (1)(A), 

20 the Secretary shall issue a final decision on the ap21 plication not later than 30 days after the Secretary 

22 notifies the applicant that the application is com23 plete.’’. 


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1 SEC. 1810. LEASING FOR CERTAIN QUALIFIED COAL APPLI2 CATIONS. 

3 (a) DEFINITIONS.—In this section: 

4 (1) COAL LEASE.—The term ‘‘coal lease’’ 

5 means a lease entered into by the United States as 

6 lessor, through the Bureau of Land Management, 

7 and the applicant on Bureau of Land Management 

8 Form 3400–012. 

9 (2) QUALIFIED APPLICATION.—The term 

10 ‘‘qualified application’’ means any application pend11 ing under the lease by application program adminis12 tered by the Bureau of Land Management pursuant 

13 to the Mineral Leasing Act (30 U.S.C. 181 et seq.) 

14 and subpart 3425 of title 43, Code of Federal Regu15 lations (as in effect on the date of the enactment of 

16 this Act), for which the environmental review proc17 ess under the National Environmental Policy Act of 

18 1969 (42 U.S.C. 4321 et seq.) has commenced. 

19 (b) MANDATORY LEASING AND OTHER REQUIRED

20 APPROVALS.—As soon as practicable after the date of the 

21 enactment of this Act, the Secretary shall promptly— 

22 (1) with respect to each qualified application— 

23 (A) if not previously published for public 

24 comment, publish a draft environmental assess25 ment, as required under the National Environ26 mental Policy Act of 1969 (42 U.S.C. 4321 et 


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1 seq.) and any applicable implementing regula2 tions; 

3 (B) finalize the fair market value of the 

4 coal tract for which a lease by application is 

5 pending; 

6 (C) take all intermediate actions necessary 

7 to grant the qualified application; and 

8 (D) grant the qualified application; and 

9 (2) with respect to previously awarded coal 

10 leases, grant any additional approvals of the Depart11 ment of the Interior or any bureau, agency, or divi12 sion of the Department of the Interior required for 

13 mining activities to commence. 

14 SEC. 1811. FUTURE COAL LEASING. 

15 Notwithstanding any judicial decision to the contrary 

16 or a departmental review of the Federal coal leasing pro17 gram, Secretarial Order 3338, issued by the Secretary of 

18 the Interior on January 15, 2016, shall have no force or 

19 effect. 

20 SEC. 1812. STAFF PLANNING REPORT. 

21 The Secretary of the Interior and the Secretary of 

22 Agriculture shall each annually submit to the Committee 

23 on Natural Resources of the House of Representatives and 

24 the Committee on Energy and Natural Resources of the 

25 Senate a report on the staffing capacity of each respective 


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1 agency with respect to issuing oil, gas, hardrock mining, 

2 coal, and renewable energy leases, rights-of-way, claims, 

3 easements, and permits. Each such report shall include— 

4 (1) the number of staff assigned to process and 

5 issue oil, gas, hardrock mining, coal, and renewable 

6 energy leases, rights-of-way, claims, easements, and 

7 permits; 

8 (2) a description of how many staff are needed 

9 to meet statutory requirements for such oil, gas, 

10 hardrock mining, coal, and renewable energy leases, 

11 rights-of-way, claims, easements, and permits; and 

12 (3) how, as applicable, the Department of the 

13 Interior or the Department of Agriculture plans to 

14 address staffing shortfalls and turnover to ensure 

15 adequate staffing to process and issue such oil, gas, 

16 hardrock mining, coal, and renewable energy leases, 

17 rights-of-way, claims, easements, and permits. 

18 SEC. 1813. EFFECT ON OTHER LAW. 

19 Nothing in this Act, or any amendments made by this 

20 Act, shall affect— 

21 (1) the Presidential memorandum titled 

22 ‘‘Memorandum on Withdrawal of Certain Areas of 

23 the United States Outer Continental Shelf From 

24 Leasing Disposition’’ and dated September 8, 2020; 


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1 (2) the Presidential memorandum titled 

2 ‘‘Memorandum on Withdrawal of Certain Areas of 

3 the United States Outer Continental Shelf From 

4 Leasing Disposition’’ and dated September 25, 

5 2020; 

6 (3) the Presidential memorandum titled 

7 ‘‘Memorandum on Withdrawal of Certain Areas off 

8 the Atlantic Coast on the Outer Continental Shelf 

9 From Leasing Disposition’’ and dated December 20, 

10 2016; or 

11 (4) the ban on oil and gas development in the 

12 Great Lakes described in section 386 of the Energy 

13 Policy Act of 2005 (42 U.S.C. 15941). 

14 Subtitle B—Permitting 

15 Streamlining 

16 SEC. 201. DEFINITIONS. 

17 In this subtitle: 

18 (1) ENERGY FACILITY.—The term ‘‘energy fa19 cility’’ means a facility the primary purpose of which 

20 is the exploration for, or the development, produc21 tion, conversion, gathering, storage, transfer, proc22 essing, or transportation of, any energy resource. 

23 (2) ENERGY STORAGE DEVICE.—The term ‘‘en24 ergy storage device’’— 


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1 (A) means any equipment that stores en2 ergy, including electricity, compressed air, 

3 pumped water, heat, and hydrogen, which may 

4 be converted into, or used to produce, elec5 tricity; and 

6 (B) includes a battery, regenerative fuel 

7 cell, flywheel, capacitor, superconducting mag8 net, and any other equipment the Secretary 

9 concerned determines may be used to store en10 ergy which may be converted into, or used to 

11 produce, electricity. 

12 (3) PUBLIC LANDS.—The term ‘‘public lands’’ 

13 means any land and interest in land owned by the 

14 United States within the several States and adminis15 tered by the Secretary of the Interior or the Sec16 retary of Agriculture without regard to how the 

17 United States acquired ownership, except— 

18 (A) lands located on the Outer Continental 

19 Shelf; and 

20 (B) lands held in trust by the United 

21 States for the benefit of Indians, Indian Tribes, 

22 Aleuts, and Eskimos. 

23 (4) RIGHT-OF-WAY.—The term ‘‘right-of-way’’ 

24 means— 


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1 (A) a right-of-way issued, granted, or re2 newed under section 501 of the Federal Land 

3 Policy and Management Act of 1976 (43 U.S.C. 

4 1761); or 

5 (B) a right-of-way granted under section 

6 28 of the Mineral Leasing Act (30 U.S.C. 185). 

7 (5) SECRETARY CONCERNED.—The term ‘‘Sec8 retary concerned’’ means— 

9 (A) with respect to public lands, the Sec10 retary of the Interior; and 

11 (B) with respect to National Forest Sys12 tem lands, the Secretary of Agriculture. 

13 (6) LAND USE PLAN.—The term ‘‘land use 

14 plan’’ means— 

15 (A) a land and resource management plan 

16 prepared by the Forest Service for a unit of the 

17 National Forest System pursuant to section 6 

18 of the Forest and Rangeland Renewable Re19 sources Planning Act of 1974 (16 U.S.C. 

20 1604); 

21 (B) a Land Management Plan developed 

22 by the Bureau of Land Management under the 

23 Federal Land Policy and Management Act of 

24 1976 (43 U.S.C. 1701 et seq.); or 


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1 (C) a comprehensive conservation plan de2 veloped by the United States Fish and Wildlife 

3 Service under section 4(e)(1)(A) of the National 

4 Wildlife Refuge System Administration Act of 

5 1966 (16 U.S.C. 668dd(e)(1)(A)). 

6 SEC. 202. BUILDER ACT. 

7 (a) PARAGRAPH (2) OF SECTION 102.—Section 

8 102(2) of the National Environmental Policy Act of 1969 

9 (42 U.S.C. 4332(2)) is amended— 

10 (1) in subparagraph (A), by striking ‘‘insure’’ 

11 and inserting ‘‘ensure’’; 

12 (2) in subparagraph (B), by striking ‘‘insure’’ 

13 and inserting ‘‘ensure’’; 

14 (3) in subparagraph (C)— 

15 (A) by inserting ‘‘consistent with the provi16 sions of this Act and except as provided by 

17 other provisions of law,’’ before ‘‘include in 

18 every’’; 

19 (B) by striking clauses (i) through (v) and 

20 inserting the following: 

21 ‘‘(i) reasonably foreseeable environ22 mental effects with a reasonably close 

23 causal relationship to the proposed agency 

24 action; 


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1 ‘‘(ii) any reasonably foreseeable ad2 verse environmental effects which cannot 

3 be avoided should the proposal be imple4 mented; 

5 ‘‘(iii) a reasonable number of alter6 natives to the proposed agency action, in7 cluding an analysis of any negative envi8 ronmental impacts of not implementing the 

9 proposed agency action in the case of a no 

10 action alternative, that are technically and 

11 economically feasible, are within the juris12 diction of the agency, meet the purpose 

13 and need of the proposal, and, where appli14 cable, meet the goals of the applicant; 

15 ‘‘(iv) the relationship between local 

16 short-term uses of man’s environment and 

17 the maintenance and enhancement of long18 term productivity; and 

19 ‘‘(v) any irreversible and irretrievable 

20 commitments of Federal resources which 

21 would be involved in the proposed agency 

22 action should it be implemented.’’; and 

23 (C) by striking ‘‘the responsible Federal 

24 official’’ and inserting ‘‘the head of the lead 

25 agency’’; 


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1 (4) in subparagraph (D), by striking ‘‘Any’’ 

2 and inserting ‘‘any’’; 

3 (5) by redesignating subparagraphs (D) 

4 through (I) as subparagraphs (F) through (K), re5 spectively; 

6 (6) by inserting after subparagraph (C) the fol7 lowing: 

8 ‘‘(D) ensure the professional integrity, in9 cluding scientific integrity, of the discussion 

10 and analysis in an environmental document; 

11 ‘‘(E) make use of reliable existing data and 

12 resources in carrying out this Act;’’; 

13 (7) by amending subparagraph (G), as redesig14 nated, to read as follows: 

15 ‘‘(G) consistent with the provisions of this 

16 Act, study, develop, and describe technically 

17 and economically feasible alternatives within the 

18 jurisdiction and authority of the agency;’’; and 

19 (8) in subparagraph (H), as amended, by in20 serting ‘‘consistent with the provisions of this Act,’’ 

21 before ‘‘recognize’’. 

22 (b) NEW SECTIONS.—Title I of the National Envi23 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

24 is amended by adding at the end the following: 


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1 ‘‘SEC. 106. PROCEDURE FOR DETERMINATION OF LEVEL OF 

2 REVIEW. 

3 ‘‘(a) THRESHOLD DETERMINATIONS.—An agency is 

4 not required to prepare an environmental document with 

5 respect to a proposed agency action if— 

6 ‘‘(1) the proposed agency action is not a final 

7 agency action within the meaning of such term in 

8 chapter 5 of title 5, United States Code; 

9 ‘‘(2) the proposed agency action is covered by 

10 a categorical exclusion established by the agency, an11 other Federal agency, or another provision of law; 

12 ‘‘(3) the preparation of such document would 

13 clearly and fundamentally conflict with the require14 ments of another provision of law; 

15 ‘‘(4) the proposed agency action is, in whole or 

16 in part, a nondiscretionary action with respect to 

17 which such agency does not have authority to take 

18 environmental factors into consideration in deter19 mining whether to take the proposed action; 

20 ‘‘(5) the proposed agency action is a rulemaking 

21 that is subject to section 553 of title 5, United 

22 States Code; or 

23 ‘‘(6) the proposed agency action is an action for 

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1 tion as the requirements of this Act with respect to 

2 such action. 

3 ‘‘(b) LEVELS OF REVIEW.— 

4 ‘‘(1) ENVIRONMENTAL IMPACT STATEMENT.— 

5 An agency shall issue an environmental impact 

6 statement with respect to a proposed agency action 

7 that has a significant effect on the quality of the 

8 human environment. 

9 ‘‘(2) ENVIRONMENTAL ASSESSMENT.—An agen10 cy shall prepare an environmental assessment with 

11 respect to a proposed agency action that is not likely 

12 to have a significant effect on the quality of the 

13 human environment, or if the significance of such ef14 fect is unknown, unless the agency finds that a cat15 egorical exclusion established by the agency, another 

16 Federal agency, or another provision of law applies. 

17 Such environmental assessment shall be a concise 

18 public document prepared by a Federal agency to set 

19 forth the basis of such agency’s finding of no signifi20 cant impact. 

21 ‘‘(3) SOURCES OF INFORMATION.—In making a 

22 determination under this subsection, an agency— 

23 ‘‘(A) may make use of any reliable data 

24 source; and 


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1 ‘‘(B) is not required to undertake new sci2 entific or technical research. 

3 ‘‘SEC. 107. TIMELY AND UNIFIED FEDERAL REVIEWS. 

4 ‘‘(a) LEAD AGENCY.— 

5 ‘‘(1) DESIGNATION.— 

6 ‘‘(A) IN GENERAL.—If there are two or 

7 more involved Federal agencies, such agencies 

8 shall determine, by letter or memorandum, 

9 which agency shall be the lead agency based on 

10 consideration of the following factors: 

11 ‘‘(i) Magnitude of agency’s involve12 ment. 

13 ‘‘(ii) Project approval or disapproval 

14 authority. 

15 ‘‘(iii) Expertise concerning the ac16 tion’s environmental effects. 

17 ‘‘(iv) Duration of agency’s involve18 ment. 

19 ‘‘(v) Sequence of agency’s involve20 ment. 

21 ‘‘(B) JOINT LEAD AGENCIES.—In making 

22 a determination under subparagraph (A), the 

23 involved Federal agencies may, in addition to a 

24 Federal agency, appoint such Federal, State, 

25 Tribal, or local agencies as joint lead agencies 


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1 as the involved Federal agencies shall determine 

2 appropriate. Joint lead agencies shall jointly 

3 fulfill the role described in paragraph (2). 

4 ‘‘(C) MINERAL PROJECTS.—This para5 graph shall not apply with respect to a mineral 

6 exploration or mine permit. 

7 ‘‘(2) ROLE.—A lead agency shall, with respect 

8 to a proposed agency action— 

9 ‘‘(A) supervise the preparation of an envi10 ronmental document if, with respect to such 

11 proposed agency action, there is more than one 

12 involved Federal agency; 

13 ‘‘(B) request the participation of each co14 operating agency at the earliest practicable 

15 time; 

16 ‘‘(C) in preparing an environmental docu17 ment, give consideration to any analysis or pro18 posal created by a cooperating agency with ju19 risdiction by law or a cooperating agency with 

20 special expertise; 

21 ‘‘(D) develop a schedule, in consultation 

22 with each involved cooperating agency, the ap23 plicant, and such other entities as the lead 

24 agency determines appropriate, for completion 

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1 ization required to carry out the proposed agen2 cy action; 

3 ‘‘(E) if the lead agency determines that a 

4 review, permit, or authorization will not be com5 pleted in accordance with the schedule devel6 oped under subparagraph (D), notify the agen7 cy responsible for issuing such review, permit, 

8 or authorization of the discrepancy and request 

9 that such agency take such measures as such 

10 agency determines appropriate to comply with 

11 such schedule; and 

12 ‘‘(F) meet with a cooperating agency that 

13 requests such a meeting. 

14 ‘‘(3) COOPERATING AGENCY.—The lead agency 

15 may, with respect to a proposed agency action, des16 ignate any involved Federal agency or a State, Trib17 al, or local agency as a cooperating agency. A co18 operating agency may, not later than a date speci19 fied by the lead agency, submit comments to the 

20 lead agency. Such comments shall be limited to mat21 ters relating to the proposed agency action with re22 spect to which such agency has special expertise or 

23 jurisdiction by law with respect to an environmental 

24 issue. 


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1 ‘‘(4) REQUEST FOR DESIGNATION.—Any Fed2 eral, State, Tribal, or local agency or person that is 

3 substantially affected by the lack of a designation of 

4 a lead agency with respect to a proposed agency ac5 tion under paragraph (1) may submit a written re6 quest for such a designation to an involved Federal 

7 agency. An agency that receives a request under this 

8 paragraph shall transmit such request to each in9 volved Federal agency and to the Council. 

10 ‘‘(5) COUNCIL DESIGNATION.— 

11 ‘‘(A) REQUEST.—Not earlier than 45 days 

12 after the date on which a request is submitted 

13 under paragraph (4), if no designation has been 

14 made under paragraph (1), a Federal, State, 

15 Tribal, or local agency or person that is sub16 stantially affected by the lack of a designation 

17 of a lead agency may request that the Council 

18 designate a lead agency. Such request shall con19 sist of— 

20 ‘‘(i) a precise description of the nature 

21 and extent of the proposed agency action; 

22 and 

23 ‘‘(ii) a detailed statement with respect 

24 to each involved Federal agency and each 


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1 factor listed in paragraph (1) regarding 

2 which agency should serve as lead agency. 

3 ‘‘(B) TRANSMISSION.—The Council shall 

4 transmit a request received under subparagraph 

5 (A) to each involved Federal agency. 

6 ‘‘(C) RESPONSE.—An involved Federal 

7 agency may, not later than 20 days after the 

8 date of the submission of a request under sub9 paragraph (A), submit to the Council a re10 sponse to such request. 

11 ‘‘(D) DESIGNATION.—Not later than 40 

12 days after the date of the submission of a re13 quest under subparagraph (A), the Council 

14 shall designate the lead agency with respect to 

15 the relevant proposed agency action. 

16 ‘‘(b) ONE DOCUMENT.— 

17 ‘‘(1) DOCUMENT.—To the extent practicable, if 

18 there are 2 or more involved Federal agencies with 

19 respect to a proposed agency action and the lead 

20 agency has determined that an environmental docu21 ment is required, such requirement shall be deemed 

22 satisfied with respect to all involved Federal agencies 

23 if the lead agency issues such an environmental doc24 ument. 


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1 ‘‘(2) CONSIDERATION TIMING.—In developing 

2 an environmental document for a proposed agency 

3 action, no involved Federal agency shall be required 

4 to consider any information that becomes available 

5 after the sooner of, as applicable— 

6 ‘‘(A) receipt of a complete application with 

7 respect to such proposed agency action; or 

8 ‘‘(B) publication of a notice of intent or 

9 decision to prepare an environmental impact 

10 statement for such proposed agency action. 

11 ‘‘(3) SCOPE OF REVIEW.—In developing an en12 vironmental document for a proposed agency action, 

13 the lead agency and any other involved Federal 

14 agencies shall only consider the effects of the pro15 posed agency action that— 

16 ‘‘(A) occur on Federal land; or 

17 ‘‘(B) are subject to Federal control and re18 sponsibility. 

19 ‘‘(c) REQUEST FOR PUBLIC COMMENT.—Each notice 

20 of intent to prepare an environmental impact statement 

21 under section 102 shall include a request for public com22 ment on alternatives or impacts and on relevant informa23 tion, studies, or analyses with respect to the proposed 

24 agency action. 


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1 ‘‘(d) STATEMENT OF PURPOSE AND NEED.—Each 

2 environmental impact statement shall include a statement 

3 of purpose and need that briefly summarizes the under4 lying purpose and need for the proposed agency action. 

5 ‘‘(e) ESTIMATED TOTAL COST.—The cover sheet for 

6 each environmental impact statement shall include a state7 ment of the estimated total cost of preparing such environ8 mental impact statement, including the costs of agency 

9 full-time equivalent personnel hours, contractor costs, and 

10 other direct costs. 

11 ‘‘(f) PAGE LIMITS.— 

12 ‘‘(1) ENVIRONMENTAL IMPACT STATEMENTS.— 

13 ‘‘(A) IN GENERAL.—Except as provided in 

14 subparagraph (B), an environmental impact 

15 statement shall not exceed 150 pages, not in16 cluding any citations or appendices. 

17 ‘‘(B) EXTRAORDINARY COMPLEXITY.—An 

18 environmental impact statement for a proposed 

19 agency action of extraordinary complexity shall 

20 not exceed 300 pages, not including any cita21 tions or appendices. 

22 ‘‘(2) ENVIRONMENTAL ASSESSMENTS.—An en23 vironmental assessment shall not exceed 75 pages, 

24 not including any citations or appendices. 


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1 ‘‘(g) SPONSOR PREPARATION.—A lead agency shall 

2 allow a project sponsor to prepare an environmental as3 sessment or an environmental impact statement upon re4 quest of the project sponsor. Such agency may provide 

5 such sponsor with appropriate guidance and assist in the 

6 preparation. The lead agency shall independently evaluate 

7 the environmental document and shall take responsibility 

8 for the contents upon adoption. 

9 ‘‘(h) DEADLINES.— 

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (2), with respect to a proposed agency action, 

12 a lead agency shall complete, as applicable— 

13 ‘‘(A) the environmental impact statement 

14 not later than the date that is 2 years after the 

15 sooner of, as applicable— 

16 ‘‘(i) the date on which such agency 

17 determines that section 102(2)(C) requires 

18 the issuance of an environmental impact 

19 statement with respect to such action; 

20 ‘‘(ii) the date on which such agency 

21 notifies the applicant that the application 

22 to establish a right-of-way for such action 

23 is complete; and 

24 ‘‘(iii) the date on which such agency 

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1 vironmental impact statement for such ac2 tion; and 

3 ‘‘(B) the environmental assessment not 

4 later than the date that is 1 year after the 

5 sooner of, as applicable— 

6 ‘‘(i) the date on which such agency 

7 determines that section 106(b)(2) requires 

8 the preparation of an environmental as9 sessment with respect to such action; 

10 ‘‘(ii) the date on which such agency 

11 notifies the applicant that the application 

12 to establish a right-of-way for such action 

13 is complete; and 

14 ‘‘(iii) the date on which such agency 

15 issues a notice of intent to prepare the en16 vironmental assessment for such action. 

17 ‘‘(2) DELAY.—A lead agency that determines it 

18 is not able to meet the deadline described in para19 graph (1) may extend such deadline with the ap20 proval of the applicant. If the applicant approves 

21 such an extension, the lead agency shall establish a 

22 new deadline that provides only so much additional 

23 time as is necessary to complete such environmental 

24 impact statement or environmental assessment. 


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1 ‘‘(3) EXPENDITURES FOR DELAY.—If a lead 

2 agency is unable to meet the deadline described in 

3 paragraph (1) or extended under paragraph (2), the 

4 lead agency must pay $100 per day, to the extent 

5 funding is provided in advance in an appropriations 

6 Act, out of the office of the head of the department 

7 of the lead agency to the applicant starting on the 

8 first day immediately following the deadline de9 scribed in paragraph (1) or extended under para10 graph (2) up until the date that an applicant ap11 proves a new deadline. This paragraph does not 

12 apply when the lead agency misses a deadline solely 

13 due to delays caused by litigation. 

14 ‘‘(i) REPORT.— 

15 ‘‘(1) IN GENERAL.—The head of each lead 

16 agency shall annually submit to the Committee on 

17 Natural Resources of the House of Representatives 

18 and the Committee on Environment and Public 

19 Works of the Senate a report that— 

20 ‘‘(A) identifies any environmental assess21 ment and environmental impact statement that 

22 such lead agency did not complete by the dead23 line described in subsection (h); and 

24 ‘‘(B) provides an explanation for any fail25 ure to meet such deadline. 


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1 ‘‘(2) INCLUSIONS.—Each report submitted 

2 under paragraph (1) shall identify, as applicable— 

3 ‘‘(A) the office, bureau, division, unit, or 

4 other entity within the Federal agency respon5 sible for each such environmental assessment 

6 and environmental impact statement; 

7 ‘‘(B) the date on which— 

8 ‘‘(i) such lead agency notified the ap9 plicant that the application to establish a 

10 right-of-way for the major Federal action 

11 is complete; 

12 ‘‘(ii) such lead agency began the 

13 scoping for the major Federal action; or 

14 ‘‘(iii) such lead agency issued a notice 

15 of intent to prepare the environmental as16 sessment or environmental impact state17 ment for the major Federal action; and 

18 ‘‘(C) when such environmental assessment 

19 and environmental impact statement is expected 

20 to be complete. 

21 ‘‘SEC. 108. JUDICIAL REVIEW. 

22 ‘‘(a) LIMITATIONS ON CLAIMS.—Notwithstanding 

23 any other provision of law, a claim arising under Federal 

24 law seeking judicial review of compliance with this Act, 

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1 tion resulting from a determination made under this Act, 

2 shall be barred unless— 

3 ‘‘(1) in the case of a claim pertaining to a pro4 posed agency action for which— 

5 ‘‘(A) an environmental document was pre6 pared and an opportunity for comment was pro7 vided; 

8 ‘‘(B) the claim is filed by a party that par9 ticipated in the administrative proceedings re10 garding such environmental document; and 

11 ‘‘(C) the claim— 

12 ‘‘(i) is filed by a party that submitted 

13 a comment during the public comment pe14 riod for such administrative proceedings 

15 and such comment was sufficiently detailed 

16 to put the lead agency on notice of the 

17 issue upon which the party seeks judicial 

18 review; and 

19 ‘‘(ii) is related to such comment; 

20 ‘‘(2) except as provided in subsection (b), such 

21 claim is filed not later than 120 days after the date 

22 of publication of a notice in the Federal Register of 

23 agency intent to carry out the proposed agency ac24 tion; 


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1 ‘‘(3) such claim is filed after the issuance of a 

2 record of decision or other final agency action with 

3 respect to the relevant proposed agency action; 

4 ‘‘(4) such claim does not challenge the estab5 lishment or use of a categorical exclusion under sec6 tion 102; and 

7 ‘‘(5) such claim concerns— 

8 ‘‘(A) an alternative included in the envi9 ronmental document; or 

10 ‘‘(B) an environmental effect considered in 

11 the environmental document. 

12 ‘‘(b) SUPPLEMENTAL ENVIRONMENTAL IMPACT

13 STATEMENT.— 

14 ‘‘(1) SEPARATE FINAL AGENCY ACTION.—The 

15 issuance of a Federal action resulting from a final 

16 supplemental environmental impact statement shall 

17 be considered a final agency action for the purposes 

18 of chapter 5 of title 5, United States Code, separate 

19 from the issuance of any previous environmental im20 pact statement with respect to the same proposed 

21 agency action. 

22 ‘‘(2) DEADLINE FOR FILING A CLAIM.—A claim 

23 seeking judicial review of a Federal action resulting 

24 from a final supplemental environmental review 


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1 issued under section 102(2)(C) shall be barred un2 less— 

3 ‘‘(A) such claim is filed within 120 days of 

4 the date on which a notice of the Federal agen5 cy action resulting from a final supplemental 

6 environmental impact statement is issued; and 

7 ‘‘(B) such claim is based on information 

8 contained in such supplemental environmental 

9 impact statement that was not contained in a 

10 previous environmental document pertaining to 

11 the same proposed agency action. 

12 ‘‘(c) PROHIBITION ON INJUNCTIVE RELIEF.—Not13 withstanding any other provision of law, a violation of this 

14 Act shall not constitute the basis for injunctive relief. 

15 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec16 tion shall be construed to create a right of judicial review 

17 or place any limit on filing a claim with respect to the 

18 violation of the terms of a permit, license, or approval. 

19 ‘‘(e) REMAND.—Notwithstanding any other provision 

20 of law, no proposed agency action for which an environ21 mental document is required shall be vacated or otherwise 

22 limited, delayed, or enjoined unless a court concludes al23 lowing such proposed action will pose a risk of an immi24 nent and substantial environmental harm and there is no 

25 other equitable remedy available as a matter of law. 


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1 ‘‘SEC. 109. DEFINITIONS. 

2 ‘‘In this title: 

3 ‘‘(1) CATEGORICAL EXCLUSION.—The term 

4 ‘categorical exclusion’ means a category of actions 

5 that a Federal agency has determined normally does 

6 not significantly affect the quality of the human en7 vironment within the meaning of section 102(2)(C). 

8 ‘‘(2) COOPERATING AGENCY.—The term ‘co9 operating agency’ means any Federal, State, Tribal, 

10 or local agency that has been designated as a co11 operating agency under section 107(a)(3). 

12 ‘‘(3) COUNCIL.—The term ‘Council’ means the 

13 Council on Environmental Quality established in 

14 title II. 

15 ‘‘(4) ENVIRONMENTAL ASSESSMENT.—The 

16 term ‘environmental assessment’ means an environ17 mental assessment prepared under section 

18 106(b)(2). 

19 ‘‘(5) ENVIRONMENTAL DOCUMENT.—The term 

20 ‘environmental document’ means an environmental 

21 impact statement, an environmental assessment, or 

22 a finding of no significant impact. 

23 ‘‘(6) ENVIRONMENTAL IMPACT STATEMENT.— 

24 The term ‘environmental impact statement’ means a 

25 detailed written statement that is required by section 

26 102(2)(C). 


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1 ‘‘(7) FINDING OF NO SIGNIFICANT IMPACT.— 

2 The term ‘finding of no significant impact’ means a 

3 determination by a Federal agency that a proposed 

4 agency action does not require the issuance of an en5 vironmental impact statement. 

6 ‘‘(8) INVOLVED FEDERAL AGENCY.—The term 

7 ‘involved Federal agency’ means an agency that, 

8 with respect to a proposed agency action— 

9 ‘‘(A) proposed such action; or 

10 ‘‘(B) is involved in such action because 

11 such action is directly related, through func12 tional interdependence or geographic proximity, 

13 to an action such agency has taken or has pro14 posed to take. 

15 ‘‘(9) LEAD AGENCY.— 

16 ‘‘(A) IN GENERAL.—Except as provided in 

17 subparagraph (B), the term ‘lead agency’ 

18 means, with respect to a proposed agency ac19 tion— 

20 ‘‘(i) the agency that proposed such ac21 tion; or 

22 ‘‘(ii) if there are 2 or more involved 

23 Federal agencies with respect to such ac24 tion, the agency designated under section 

25 107(a)(1). 


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1 ‘‘(B) SPECIFICATION FOR MINERAL EX2 PLORATION OR MINE PERMITS.—With respect 

3 to a proposed mineral exploration or mine per4 mit, the term ‘lead agency’ has the meaning 

5 given such term in section 40206(a) of the In6 frastructure Investment and Jobs Act. 

7 ‘‘(10) MAJOR FEDERAL ACTION.— 

8 ‘‘(A) IN GENERAL.—The term ‘major Fed9 eral action’ means an action that the agency 

10 carrying out such action determines is subject 

11 to substantial Federal control and responsi12 bility. 

13 ‘‘(B) EXCLUSION.—The term ‘major Fed14 eral action’ does not include— 

15 ‘‘(i) a non-Federal action— 

16 ‘‘(I) with no or minimal Federal 

17 funding; 

18 ‘‘(II) with no or minimal Federal 

19 involvement where a Federal agency 

20 cannot control the outcome of the 

21 project; or 

22 ‘‘(III) that does not include Fed23 eral land; 

24 ‘‘(ii) funding assistance solely in the 

25 form of general revenue sharing funds 


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1 which do not provide Federal agency com2 pliance or enforcement responsibility over 

3 the subsequent use of such funds; 

4 ‘‘(iii) loans, loan guarantees, or other 

5 forms of financial assistance where a Fed6 eral agency does not exercise sufficient 

7 control and responsibility over the effect of 

8 the action; 

9 ‘‘(iv) farm ownership and operating 

10 loan guarantees by the Farm Service 

11 Agency pursuant to sections 305 and 311 

12 through 319 of the Consolidated Farmers 

13 Home Administration Act of 1961 (7 

14 U.S.C. 1925 and 1941 through 1949); 

15 ‘‘(v) business loan guarantees pro16 vided by the Small Business Administra17 tion pursuant to section 7(a) or (b) and of 

18 the Small Business Act (15 U.S.C. 

19 636(a)), or title V of the Small Business 

20 Investment Act of 1958 (15 U.S.C. 695 et 

21 seq.); 

22 ‘‘(vi) bringing judicial or administra23 tive civil or criminal enforcement actions; 

24 or 


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1 ‘‘(vii) extraterritorial activities or deci2 sions, which means agency activities or de3 cisions with effects located entirely outside 

4 of the jurisdiction of the United States. 

5 ‘‘(C) ADDITIONAL EXCLUSIONS.—An agen6 cy action may not be determined to be a major 

7 Federal action on the basis of— 

8 ‘‘(i) an interstate effect of the action 

9 or related project; or 

10 ‘‘(ii) the provision of Federal funds 

11 for the action or related project. 

12 ‘‘(11) MINERAL EXPLORATION OR MINE PER13 MIT.—The term ‘mineral exploration or mine permit’ 

14 has the meaning given such term in section 

15 40206(a) of the Infrastructure Investment and Jobs 

16 Act. 

17 ‘‘(12) PROPOSAL.—The term ‘proposal’ means 

18 a proposed action at a stage when an agency has a 

19 goal, is actively preparing to make a decision on one 

20 or more alternative means of accomplishing that 

21 goal, and can meaningfully evaluate its effects. 

22 ‘‘(13) REASONABLY FORESEEABLE.—The term 

23 ‘reasonably foreseeable’ means likely to occur— 


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1 ‘‘(A) not later than 10 years after the lead 

2 agency begins preparing the environmental doc3 ument; and 

4 ‘‘(B) in an area directly affected by the 

5 proposed agency action such that an individual 

6 of ordinary prudence would take such occur7 rence into account in reaching a decision. 

8 ‘‘(14) SPECIAL EXPERTISE.—The term ‘special 

9 expertise’ means statutory responsibility, agency 

10 mission, or related program experience.’’. 

11 SEC. 203. CODIFICATION OF NATIONAL ENVIRONMENTAL 

12 POLICY ACT REGULATIONS. 

13 The revisions to the Code of Federal Regulations 

14 made pursuant to the final rule of the Council on Environ15 mental Quality titled ‘‘Update to the Regulations Imple16 menting the Procedural Provisions of the National Envi17 ronmental Policy Act’’ and published on July 16, 2020 

18 (85 Fed. Reg. 43304), shall have the same force and effect 

19 of law as if enacted by an Act of Congress. 

20 SEC. 204. NON-MAJOR FEDERAL ACTIONS. 

21 (a) EXEMPTION.—An action by the Secretary con22 cerned with respect to a covered activity shall be not con23 sidered a major Federal action under section 102(2)(C) 

24 of the National Environmental Policy Act of 1969 (42 

25 U.S.C. 4332(2)(C)). 


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1 (b) COVERED ACTIVITY.—In this section, the term 

2 ‘‘covered activity’’ includes— 

3 (1) geotechnical investigations; 

4 (2) off-road travel in an existing right-of-way; 

5 (3) construction of meteorological towers where 

6 the total surface disturbance at the location is less 

7 than 5 acres; 

8 (4) adding a battery or other energy storage de9 vice to an existing or planned energy facility, if that 

10 storage resource is located within the physical foot11 print of the existing or planned energy facility; 

12 (5) drilling temperature gradient wells and 

13 other geothermal exploratory wells, including con14 struction or making improvements for such activi15 ties, where— 

16 (A) the last cemented casing string is less 

17 than 12 inches in diameter; and 

18 (B) the total unreclaimed surface disturb19 ance at any one time within the project area is 

20 less than 5 acres; 

21 (6) any repair, maintenance, upgrade, optimiza22 tion, or minor addition to existing transmission and 

23 distribution infrastructure, including— 

24 (A) operation, maintenance, or repair of 

25 power equipment and structures within existing 


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1 substations, switching stations, transmission, 

2 and distribution lines; 

3 (B) the addition, modification, retirement, 

4 or replacement of breakers, transmission tow5 ers, transformers, bushings, or relays; 

6 (C) the voltage uprating, modification, 

7 reconductoring with conventional or advanced 

8 conductors, and clearance resolution of trans9 mission lines; 

10 (D) activities to minimize fire risk, includ11 ing vegetation management, routine fire mitiga12 tion, inspection, and maintenance activities, and 

13 removal of hazard trees and other hazard vege14 tation within or adjacent to an existing right-of15 way; 

16 (E) improvements to or construction of 

17 structure pads for such infrastructure; and 

18 (F) access and access route maintenance 

19 and repairs associated with any activity de20 scribed in subparagraph (A) through (E); 

21 (7) approval of and activities conducted in ac22 cordance with operating plans or agreements for 

23 transmission and distribution facilities or under a 

24 special use authorization for an electric transmission 

25 and distribution facility right-of-way; and 


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1 (8) construction, maintenance, realignment, or 

2 repair of an existing permanent or temporary access 

3 road— 

4 (A) within an existing right-of-way or with5 in a transmission or utility corridor established 

6 by Congress or in a land use plan; 

7 (B) that serves an existing transmission 

8 line, distribution line, or 

9 (C) energy facility or activities conducted 

10 in accordance with existing onshore oil and gas 

11 leases. 

12 SEC. 205. NO NET LOSS DETERMINATION FOR EXISTING 

13 RIGHTS-OF-WAY. 

14 (a) IN GENERAL.—Upon a determination by the Sec15 retary concerned that there will be no overall long-term 

16 net loss of vegetation, soil, or habitat, as defined by acre17 age and function, resulting from a proposed action, deci18 sion, or activity within an existing right-of-way, within a 

19 right-of-way corridor established in a land use plan, or in 

20 an otherwise designated right-of-way, that action, deci21 sion, or activity shall not be considered a major Federal 

22 action under section 102(2)(C) of the National Environ23 mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 

24 (b) INCLUSION OF REMEDIATION.—In making a de25 termination under subsection (a), the Secretary concerned 


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1 shall consider the effect of any remediation work to be 

2 conducted during the lifetime of the action, decision, or 

3 activity when determining whether there will be any over4 all long-term net loss of vegetation, soil, or habitat. 

5 SEC. 206. DETERMINATION OF NATIONAL ENVIRONMENTAL 

6 POLICY ACT ADEQUACY. 

7 The Secretary concerned shall use previously com8 pleted environmental assessments and environmental im9 pact statements to satisfy the requirements of section 102 

10 of the National Environmental Policy Act of 1969 (42 

11 U.S.C. 4332) with respect to any major Federal action, 

12 if such Secretary determines that— 

13 (1) the new proposed action is substantially the 

14 same as a previously analyzed proposed action or al15 ternative analyzed in a previous environmental as16 sessment or environmental impact statement; and 

17 (2) the effects of the proposed action are sub18 stantially the same as the effects analyzed in such 

19 existing environmental assessments or environmental 

20 impact statements. 

21 SEC. 207. DETERMINATION REGARDING RIGHTS-OF-WAY. 

22 Not later than 60 days after the Secretary concerned 

23 receives an application to grant a right-of-way, the Sec24 retary concerned shall notify the applicant as to whether 

25 the application is complete or deficient. If the Secretary 


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1 concerned determines the application is complete, the Sec2 retary concerned may not consider any other application 

3 to grant a right-of-way on the same or any overlapping 

4 parcels of land while such application is pending. 

5 SEC. 208. TERMS OF RIGHTS-OF-WAY. 

6 (a) FIFTY-YEAR TERMS FOR RIGHTS-OF-WAY.— 

7 (1) IN GENERAL.—Any right-of-way for pipe8 lines for the transportation or distribution of oil or 

9 gas granted, issued, amended, or renewed under 

10 Federal law may be limited to a term of not more 

11 than 50 years before such right-of-way is subject to 

12 renewal or amendment. 

13 (2) FEDERAL LAND POLICY AND MANAGEMENT

14 ACT OF 1976.—Section 501 of the Federal Land Pol15 icy and Management Act of 1976 (43 U.S.C. 1761) 

16 is amended by adding at the end the following: 

17 ‘‘(e) Any right-of-way granted, issued, amended, or 

18 renewed under subsection (a)(4) may be limited to a term 

19 of not more than 50 years before such right-of-way is sub20 ject to renewal or amendment.’’. 

21 (b) MINERAL LEASING ACT.—Section 28(n) of the 

22 Mineral Leasing Act (30 U.S.C. 185(n)) is amended by 

23 striking ‘‘thirty’’ and inserting ‘‘50’’. 


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1 SEC. 209. FUNDING TO PROCESS PERMITS AND DEVELOP 

2 INFORMATION TECHNOLOGY. 

3 (a) IN GENERAL.—In fiscal years 2023 through 

4 2025, the Secretary of Agriculture (acting through the 

5 Forest Service) and the Secretary of the Interior, after 

6 public notice, may accept and expend funds contributed 

7 by non-Federal entities for dedicated staff, information re8 source management, and information technology system 

9 development to expedite the evaluation of permits, biologi10 cal opinions, concurrence letters, environmental surveys 

11 and studies, processing of applications, consultations, and 

12 other activities for the leasing, development, or expansion 

13 of an energy facility under the jurisdiction of the respec14 tive Secretaries. 

15 (b) EFFECT ON PERMITTING.—In carrying out this 

16 section, the Secretary of the Interior shall ensure that the 

17 use of funds accepted under subsection (a) will not impact 

18 impartial decision making with respect to permits, either 

19 substantively or procedurally. 

20 (c) STATEMENT FOR FAILURE TO ACCEPT OR EX21 PEND FUNDS.—Not later than 60 days after the end of 

22 the applicable fiscal year, if the Secretary of Agriculture 

23 (acting through the Forest Service) or the Secretary of 

24 the Interior does not accept funds contributed under sub25 section (a) or accepts but does not expend such funds, that 

26 Secretary shall submit to the Committee on Natural ReVerDate Sep 11 2014 16:25 May 16, 2024 Jkt 049200 PO 00000 Frm 00608 Fmt 6652 Sfmt 6201 E:\BILLS\H7476.IH H7476

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1 sources of the House of Representatives and the Com2 mittee on Energy and Natural Resources of the Senate 

3 a statement explaining why such funds were not accepted, 

4 were not expended, or both, as the case may be. 

5 SEC. 210. OFFSHORE GEOLOGICAL AND GEOPHYSICAL SUR6 VEY LICENSING. 

7 The Secretary of the Interior shall authorize geologi8 cal and geophysical surveys related to oil and gas activities 

9 on the Gulf of Mexico Outer Continental Shelf, except 

10 within areas subject to existing oil and gas leasing mora11 toria. Such authorizations shall be issued within 30 days 

12 of receipt of a completed application and shall, as applica13 ble to survey type, comply with the mitigation and moni14 toring measures in subsections (a), (b), (c), (d), (f), and 

15 (g) of section 217.184 of title 50, Code of Federal Regula16 tions (as in effect on January 1, 2022), and section 

17 217.185 of title 50, Code of Federal Regulations (as in 

18 effect on January 1, 2022). Geological and geophysical 

19 surveys authorized pursuant to this section are deemed to 

20 be in full compliance with the Marine Mammal Protection 

21 Act of 1972 (16 U.S.C. 1361 et seq.) and the Endangered 

22 Species Act of 1973 (16 U.S.C. 1531 et seq.), and their 

23 implementing regulations. 


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1 SEC. 211. DEFERRAL OF APPLICATIONS FOR PERMITS TO 

2 DRILL. 

3 Section 17(p)(3) of the Mineral Leasing Act (30 

4 U.S.C. 226(p)(3)) is amended by adding at the end the 

5 following: 

6 ‘‘(D) DEFERRAL BASED ON FORMATTING

7 ISSUES.—A decision on an application for a 

8 permit to drill may not be deferred under para9 graph (2)(B) as a result of a formatting issue 

10 with the permit, unless such formatting issue 

11 results in missing information.’’. 

12 SEC. 212. PROCESSING AND TERMS OF APPLICATIONS FOR 

13 PERMITS TO DRILL. 

14 (a) EFFECT OF PENDING CIVIL ACTIONS.—Section 

15 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is 

16 amended by adding at the end the following: 

17 ‘‘(4) EFFECT OF PENDING CIVIL ACTION ON

18 PROCESSING APPLICATIONS FOR PERMITS TO

19 DRILL.—Pursuant to the requirements of paragraph 

20 (2), notwithstanding the existence of any pending 

21 civil actions affecting the application or related 

22 lease, the Secretary shall process an application for 

23 a permit to drill or other authorizations or approvals 

24 under a valid existing lease, unless a United States 

25 Federal court vacated such lease. Nothing in this 


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1 paragraph shall be construed as providing authority 

2 to a Federal court to vacate a lease.’’. 

3 (b) TERM OF PERMIT TO DRILL.—Section 17 of the 

4 Mineral Leasing Act (30 U.S.C. 226) is further amended 

5 by adding at the end the following: 

6 ‘‘(u) TERM OF PERMIT TO DRILL.—A permit to drill 

7 issued under this section after the date of the enactment 

8 of this subsection shall be valid for one four-year term 

9 from the date that the permit is approved, or until the 

10 lease regarding which the permit is issued expires, which11 ever occurs first.’’. 

12 SEC. 213. AMENDMENTS TO THE ENERGY POLICY ACT OF 

13 2005. 

14 Section 390 of the Energy Policy Act of 2005 (42 

15 U.S.C. 15942) is amended to read as follows: 

16 ‘‘SEC. 390. NATIONAL ENVIRONMENTAL POLICY ACT RE17 VIEW. 

18 ‘‘(a) NATIONAL ENVIRONMENTAL POLICY ACT RE19 VIEW.—Action by the Secretary of the Interior, in man20 aging the public lands, or the Secretary of Agriculture, 

21 in managing National Forest System lands, with respect 

22 to any of the activities described in subsection (c), shall 

23 not be considered a major Federal action for the purposes 

24 of section 102(2)(C) of the National Environmental Policy 

25 Act of 1969, if the activity is conducted pursuant to the 


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1 Mineral Leasing Act (30 U.S.C. 181 et seq.) for the pur2 pose of exploration or development of oil or gas. 

3 ‘‘(b) APPLICATION.—This section shall not apply to 

4 an action of the Secretary of the Interior or the Secretary 

5 of Agriculture on Indian lands or resources managed in 

6 trust for the benefit of Indian Tribes. 

7 ‘‘(c) ACTIVITIES DESCRIBED.—The activities re8 ferred to in subsection (a) are as follows: 

9 ‘‘(1) Reinstating a lease pursuant to section 31 

10 of the Mineral Leasing Act (30 U.S.C. 188). 

11 ‘‘(2) The following activities, provided that any 

12 new surface disturbance is contiguous with the foot13 print of the original authorization and does not ex14 ceed 20 acres or the acreage has previously been 

15 evaluated in a document previously prepared under 

16 section 102(2)(C) of the National Environmental 

17 Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with re18 spect to such activity: 

19 ‘‘(A) Drilling an oil or gas well at a well 

20 pad site at which drilling has occurred pre21 viously. 

22 ‘‘(B) Expansion of an existing oil or gas 

23 well pad site to accommodate an additional well. 


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1 ‘‘(C) Expansion or modification of an ex2 isting oil or gas well pad site, road, pipeline, fa3 cility, or utility submitted in a sundry notice. 

4 ‘‘(3) Drilling of an oil or gas well at a new well 

5 pad site, provided that the new surface disturbance 

6 does not exceed 20 acres and the acreage evaluated 

7 in a document previously prepared under section 

8 102(2)(C) of the National Environmental Policy Act 

9 of 1969 (42 U.S.C. 4332(2)(C)) with respect to such 

10 activity, whichever is greater. 

11 ‘‘(4) Construction or realignment of a road, 

12 pipeline, or utility within an existing right-of-way or 

13 within a right-of-way corridor established in a land 

14 use plan. 

15 ‘‘(5) The following activities when conducted 

16 from non-Federal surface into federally owned min17 erals, provided that the operator submits to the Sec18 retary concerned certification of a surface use agree19 ment with the non-Federal landowner: 

20 ‘‘(A) Drilling an oil or gas well at a well 

21 pad site at which drilling has occurred pre22 viously. 

23 ‘‘(B) Expansion of an existing oil or gas 

24 well pad site to accommodate an additional well. 


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1 ‘‘(C) Expansion or modification of an ex2 isting oil or gas well pad site, road, pipeline, fa3 cility, or utility submitted in a sundry notice. 

4 ‘‘(6) Drilling of an oil or gas well from non5 Federal surface and non-Federal subsurface into 

6 Federal mineral estate. 

7 ‘‘(7) Construction of up to 1 mile of new road 

8 on Federal or non-Federal surface, not to exceed 2 

9 miles in total. 

10 ‘‘(8) Construction of up to 3 miles of individual 

11 pipelines or utilities, regardless of surface owner12 ship.’’. 

13 SEC. 214. ACCESS TO FEDERAL ENERGY RESOURCES FROM 

14 NON-FEDERAL SURFACE ESTATE. 

15 (a) OIL AND GAS PERMITS.—Section 17 of the Min16 eral Leasing Act (30 U.S.C. 226) is further amended by 

17 adding at the end the following: 

18 ‘‘(v) NO FEDERAL PERMIT REQUIRED FOR OIL AND

19 GAS ACTIVITIES ON CERTAIN LAND.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall not re21 quire an operator to obtain a Federal drilling permit 

22 for oil and gas exploration and production activities 

23 conducted on non-Federal surface estate, provided 

24 that— 


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1 ‘‘(A) the United States holds an ownership 

2 interest of less than 50 percent of the sub3 surface mineral estate to be accessed by the 

4 proposed action; and 

5 ‘‘(B) the operator submits to the Secretary 

6 a State permit to conduct oil and gas explo7 ration and production activities on the non-Fed8 eral surface estate. 

9 ‘‘(2) NO FEDERAL ACTION.—An oil and gas ex10 ploration and production activity carried out under 

11 paragraph (1)— 

12 ‘‘(A) shall not be considered a major Fed13 eral action for the purposes of section 

14 102(2)(C) of the National Environmental Policy 

15 Act of 1969; 

16 ‘‘(B) shall require no additional Federal 

17 action; 

18 ‘‘(C) may commence 30 days after submis19 sion of the State permit to the Secretary; and 

20 ‘‘(D) shall not be subject to— 

21 ‘‘(i) section 306108 of title 54, United 

22 States Code (commonly known as the Na23 tional Historic Preservation Act of 1966); 

24 and 


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1 ‘‘(ii) section 7 of the Endangered Spe2 cies Act of 1973 (16 U.S.C. 1536). 

3 ‘‘(3) ROYALTIES AND PRODUCTION ACCOUNT4 ABILITY.—(A) Nothing in this subsection shall affect 

5 the amount of royalties due to the United States 

6 under this Act from the production of oil and gas, 

7 or alter the Secretary’s authority to conduct audits 

8 and collect civil penalties pursuant to the Federal 

9 Oil and Gas Royalty Management Act of 1982 (30 

10 U.S.C. 1701 et seq.). 

11 ‘‘(B) The Secretary may conduct onsite reviews 

12 and inspections to ensure proper accountability, 

13 measurement, and reporting of production of Fed14 eral oil and gas, and payment of royalties. 

15 ‘‘(4) EXCEPTIONS.—This subsection shall not 

16 apply to actions on Indian lands or resources man17 aged in trust for the benefit of Indian Tribes. 

18 ‘‘(5) INDIAN LAND.—In this subsection, the 

19 term ‘Indian land’ means— 

20 ‘‘(A) any land located within the bound21 aries of an Indian reservation, pueblo, or 

22 rancheria; and 

23 ‘‘(B) any land not located within the 

24 boundaries of an Indian reservation, pueblo, or 

25 rancheria, the title to which is held— 


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1 ‘‘(i) in trust by the United States for 

2 the benefit of an Indian tribe or an indi3 vidual Indian; 

4 ‘‘(ii) by an Indian tribe or an indi5 vidual Indian, subject to restriction against 

6 alienation under laws of the United States; 

7 or 

8 ‘‘(iii) by a dependent Indian commu9 nity.’’. 

10 (b) GEOTHERMAL PERMITS.—The Geothermal 

11 Steam Act of 1970 (30 U.S.C. 1001 et seq.) is amended 

12 by adding at the end the following: 

13 ‘‘SEC. 30. NO FEDERAL PERMIT REQUIRED FOR GEO14 THERMAL ACTIVITIES ON CERTAIN LAND. 

15 ‘‘(a) IN GENERAL.—The Secretary shall not require 

16 an operator to obtain a Federal drilling permit for geo17 thermal exploration and production activities conducted on 

18 a non-Federal surface estate, provided that— 

19 ‘‘(1) the United States holds an ownership in20 terest of less than 50 percent of the subsurface geo21 thermal estate to be accessed by the proposed action; 

22 and 

23 ‘‘(2) the operator submits to the Secretary a 

24 State permit to conduct geothermal exploration and 


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1 production activities on the non-Federal surface es2 tate. 

3 ‘‘(b) NO FEDERAL ACTION.—A geothermal explo4 ration and production activity carried out under para5 graph (1)— 

6 ‘‘(1) shall not be considered a major Federal 

7 action for the purposes of section 102(2)(C) of the 

8 National Environmental Policy Act of 1969; 

9 ‘‘(2) shall require no additional Federal action; 

10 ‘‘(3) may commence 30 days after submission 

11 of the State permit to the Secretary; and 

12 ‘‘(4) shall not be subject to— 

13 ‘‘(A) section 306108 of title 54, United 

14 States Code (commonly known as the National 

15 Historic Preservation Act of 1966); and 

16 ‘‘(B) section 7 of the Endangered Species 

17 Act of 1973 (16 U.S.C. 1536). 

18 ‘‘(c) ROYALTIES AND PRODUCTION ACCOUNT19 ABILITY.—(1) Nothing in this section shall affect the 

20 amount of royalties due to the United States under this 

21 Act from the production of electricity using geothermal re22 sources (other than direct use of geothermal resources) or 

23 the production of any byproducts. 

24 ‘‘(2) The Secretary may conduct onsite reviews and 

25 inspections to ensure proper accountability, measurement, 


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1 and reporting of the production described in paragraph 

2 (1), and payment of royalties. 

3 ‘‘(d) EXCEPTIONS.—This section shall not apply to 

4 actions on Indian lands or resources managed in trust for 

5 the benefit of Indian Tribes. 

6 ‘‘(e) INDIAN LAND.—In this section, the term ‘Indian 

7 land’ means— 

8 ‘‘(1) any land located within the boundaries of 

9 an Indian reservation, pueblo, or rancheria; and 

10 ‘‘(2) any land not located within the boundaries 

11 of an Indian reservation, pueblo, or rancheria, the 

12 title to which is held— 

13 ‘‘(A) in trust by the United States for the 

14 benefit of an Indian tribe or an individual In15 dian; 

16 ‘‘(B) by an Indian tribe or an individual 

17 Indian, subject to restriction against alienation 

18 under laws of the United States; or 

19 ‘‘(C) by a dependent Indian community.’’. 

20 SEC. 215. SCOPE OF ENVIRONMENTAL REVIEWS FOR OIL 

21 AND GAS LEASES. 

22 An environmental review for an oil and gas lease or 

23 permit prepared pursuant to the requirements of the Na24 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

25 et seq.) and its implementing regulations— 


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1 (1) shall apply only to areas that are within or 

2 immediately adjacent to the lease plot or plots and 

3 that are directly affected by the proposed action; 

4 and 

5 (2) shall not require consideration of down6 stream, indirect effects of oil and gas consumption. 

7 SEC. 216. EXPEDITING APPROVAL OF GATHERING LINES. 

8 Section 11318(b)(1) of the Infrastructure Investment 

9 and Jobs Act (42 U.S.C. 15943(b)(1)) is amended by 

10 striking ‘‘to be an action that is categorically excluded (as 

11 defined in section 1508.1 of title 40, Code of Federal Reg12 ulations (as in effect on the date of enactment of this 

13 Act))’’ and inserting ‘‘to not be a major Federal action’’. 

14 SEC. 217. LEASE SALE LITIGATION. 

15 Notwithstanding any other provision of law, any oil 

16 and gas lease sale held under section 17 of the Mineral 

17 Leasing Act (26 U.S.C. 226) or the Outer Continental 

18 Shelf Lands Act (43 U.S.C. 1331 et seq.) shall not be 

19 vacated and activities on leases awarded in the sale shall 

20 not be otherwise limited, delayed, or enjoined unless the 

21 court concludes allowing development of the challenged 

22 lease will pose a risk of an imminent and substantial envi23 ronmental harm and there is no other equitable remedy 

24 available as a matter of law. No court, in response to an 

25 action brought pursuant to the National Environmental 


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1 Policy Act of 1969 (42 U.S.C. et seq.), may enjoin or issue 

2 any order preventing the award of leases to a bidder in 

3 a lease sale conducted pursuant to section 17 of the Min4 eral Leasing Act (26 U.S.C. 226) or the Outer Continental 

5 Shelf Lands Act (43 U.S.C. 1331 et seq.) if the Depart6 ment of the Interior has previously opened bids for such 

7 leases or disclosed the high bidder for any tract that was 

8 included in such lease sale. 

9 SEC. 218. LIMITATION ON CLAIMS. 

10 (a) IN GENERAL.—Notwithstanding any other provi11 sion of law, a claim arising under Federal law seeking ju12 dicial review of a permit, license, or approval issued by 

13 a Federal agency for a mineral project, energy facility, or 

14 energy storage device shall be barred unless— 

15 (1) the claim is filed within 120 days after pub16 lication of a notice in the Federal Register announc17 ing that the permit, license, or approval is final pur18 suant to the law under which the agency action is 

19 taken, unless a shorter time is specified in the Fed20 eral law pursuant to which judicial review is allowed; 

21 and 

22 (2) the claim is filed by a party that submitted 

23 a comment during the public comment period for 

24 such permit, license, or approval and such comment 

25 was sufficiently detailed to put the agency on notice 


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1 of the issue upon which the party seeks judicial re2 view. 

3 (b) SAVINGS CLAUSE.—Nothing in this section shall 

4 create a right to judicial review or place any limit on filing 

5 a claim that a person has violated the terms of a permit, 

6 license, or approval. 

7 (c) TRANSPORTATION PROJECTS.—Subsection (a) 

8 shall not apply to or supersede a claim subject to section 

9 139(l)(1) of title 23, United States Code. 

10 (d) MINERAL PROJECT.—In this section, the term 

11 ‘‘mineral project’’ means a project— 

12 (1) located on— 

13 (A) a mining claim, millsite claim, or tun14 nel site claim for any mineral; 

15 (B) lands open to mineral entry; or 

16 (C) a Federal mineral lease; and 

17 (2) for the purposes of exploring for or pro18 ducing minerals. 

19 SEC. 219. GOVERNMENT ACCOUNTABILITY OFFICE REPORT 

20 ON PERMITS TO DRILL. 

21 (a) REPORT.—Not later than 1 year after the date 

22 of enactment of this Act, the Comptroller General of the 

23 United States shall issue a report detailing— 


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1 (1) the approval timelines for applications for 

2 permits to drill issued by the Bureau of Land Man3 agement from 2018 through 2023; 

4 (2) the number of applications for permits to 

5 drill that were not issued within 30 days of receipt 

6 of a completed application; and 

7 (3) the causes of delays resulting in applica8 tions for permits to drill pending beyond the 30-day 

9 deadline required under section 17(p)(2) of the Min10 eral Leasing Act (30 U.S.C. 226(p)(2)). 

11 (b) RECOMMENDATIONS.—The report issued under 

12 subsection (a) shall include recommendations with respect 

13 to— 

14 (1) actions the Bureau of Land Management 

15 can take to streamline the approval process for ap16 plications for permits to drill to approve applications 

17 for permits to drill within 30 days of receipt of a 

18 completed application; 

19 (2) aspects of the Federal permitting process 

20 carried out by the Bureau of Land Management to 

21 issue applications for permits to drill that can be 

22 turned over to States to expedite approval of appli23 cations for permits to drill; and 

24 (3) legislative actions that Congress must take 

25 to allow States to administer certain aspects of the 


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1 Federal permitting process described in paragraph 

2 (2). 

3 Subtitle C—Permitting for Mining 

4 Needs 

5 SEC. 301. DEFINITIONS. 

6 In this subtitle: 

7 (1) BYPRODUCT.—The term ‘‘byproduct’’ has 

8 the meaning given such term in section 7002(a) of 

9 the Energy Act of 2020 (30 U.S.C. 1606(a)). 

10 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

11 has the meaning given such term in section 4 of the 

12 Indian Self-Determination and Education Assistance 

13 Act (25 U.S.C. 5304). 

14 (3) MINERAL.—The term ‘‘mineral’’ means any 

15 mineral of a kind that is locatable (including, but 

16 not limited to, such minerals located on ‘‘lands ac17 quired by the United States’’, as such term is de18 fined in section 2 of the Mineral Leasing Act for Ac19 quired Lands) under the Act of May 10, 1872 

20 (Chapter 152; 17 Stat. 91). 

21 (4) SECRETARY.—Except as otherwise provided, 

22 the term ‘‘Secretary’’ means the Secretary of the In23 terior. 

24 (5) STATE.—The term ‘‘State’’ means— 

25 (A) a State; 


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1 (B) the District of Columbia; 

2 (C) the Commonwealth of Puerto Rico; 

3 (D) Guam; 

4 (E) American Samoa; 

5 (F) the Commonwealth of the Northern 

6 Mariana Islands; and 

7 (G) the United States Virgin Islands. 

8 SEC. 302. MINERALS SUPPLY CHAIN AND RELIABILITY. 

9 Section 40206 of the Infrastructure Investment and 

10 Jobs Act (30 U.S.C. 1607) is amended— 

11 (1) in the section heading, by striking ‘‘CRIT12 ICAL MINERALS’’ and inserting ‘‘MINERALS’’; 

13 (2) by amending subsection (a) to read as fol14 lows: 

15 ‘‘(a) DEFINITIONS.—In this section: 

16 ‘‘(1) LEAD AGENCY.—The term ‘lead agency’ 

17 means the Federal agency with primary responsi18 bility for issuing a mineral exploration or mine per19 mit or lease for a mineral project. 

20 ‘‘(2) MINERAL.—The term ‘mineral’ has the 

21 meaning given such term in section 301 of the 

22 TAPP American Resources Act. 

23 ‘‘(3) MINERAL EXPLORATION OR MINE PER24 MIT.—The term ‘mineral exploration or mine permit’ 

25 means— 


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1 ‘‘(A) an authorization of the Bureau of 

2 Land Management or the Forest Service, as ap3 plicable, for exploration for minerals that re4 quires analysis under the National Environ5 mental Policy Act of 1969; 

6 ‘‘(B) a plan of operations for a mineral 

7 project approved by the Bureau of Land Man8 agement or the Forest Service; or 

9 ‘‘(C) Any other federal permit or author10 ization for a mineral project. 

11 ‘‘(4) MINERAL PROJECT.—The term ‘mineral 

12 project’ means a project— 

13 ‘‘(A) located on— 

14 ‘‘(i) a mining claim, millsite claim, or 

15 tunnel site claim for any mineral; 

16 ‘‘(ii) lands open to mineral entry; or 

17 ‘‘(iii) a Federal mineral lease; and 

18 ‘‘(B) for the purposes of exploring for or 

19 producing minerals.’’; 

20 (3) in subsection (b), by striking ‘‘critical’’ each 

21 place such term appears; 

22 (4) in subsection (c)— 

23 (A) by striking ‘‘critical mineral production 

24 on Federal land’’ and inserting ‘‘mineral 

25 projects’’; 


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1 (B) by inserting ‘‘, and in accordance with 

2 subsection (h)’’ after ‘‘to the maximum extent 

3 practicable’’; 

4 (C) by striking ‘‘shall complete the’’ and 

5 inserting ‘‘shall complete such’’; 

6 (D) in paragraph (1), by striking ‘‘critical 

7 mineral-related activities on Federal land’’ and 

8 inserting ‘‘mineral projects’’; 

9 (E) in paragraph (8), by striking the 

10 ‘‘and’’ at the end; 

11 (F) in paragraph (9), by striking ‘‘proce12 dures.’’ and inserting ‘‘procedures; and’’; and 

13 (G) by adding at the end the following: 

14 ‘‘(10) deferring to and relying on baseline data, 

15 analyses, and reviews performed by State agencies 

16 with jurisdiction over the environmental or reclama17 tion permits for the proposed mineral project.’’; 

18 (5) in subsection (d)— 

19 (A) by striking ‘‘critical’’ each place such 

20 term appears; and 

21 (B) in paragraph (3), by striking ‘‘mineral22 related activities on Federal land’’ and inserting 

23 ‘‘mineral projects’’; 

24 (6) in subsection (e), by striking ‘‘critical’’; 


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1 (7) in subsection (f), by striking ‘‘critical’’ each 

2 place such term appears; 

3 (8) in subsection (g), by striking ‘‘critical’’ each 

4 place such term appears; and 

5 (9) by adding at the end the following: 

6 ‘‘(h) OTHER REQUIREMENTS.— 

7 ‘‘(1) MEMORANDUM OF AGREEMENT.—For pur8 poses of maximizing efficiency and effectiveness of 

9 the Federal permitting and review processes de10 scribed under subsection (c), the lead agency in the 

11 Federal permitting and review processes of a min12 eral project shall (in consultation with any other 

13 Federal agency involved in such Federal permitting 

14 and review processes, and upon request of the 

15 project applicant, an affected State government, 

16 local government, or an Indian Tribe, or other entity 

17 such lead agency determines appropriate) enter into 

18 a memorandum of agreement with a project appli19 cant where requested by the applicant to carry out 

20 the activities described in subsection (c). 

21 ‘‘(2) TIMELINES AND SCHEDULES FOR NEPA

22 REVIEWS.— 

23 ‘‘(A) EXTENSION.—A project applicant 

24 may enter into 1 or more agreements with a 

25 lead agency to extend the deadlines described in 


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1 subparagraphs (A) and (B) of subsection (h)(1) 

2 of section 107 of title I of the National Envi3 ronmental Policy Act of 1969 by, with respect 

4 to each such agreement, not more than 6 

5 months. 

6 ‘‘(B) ADJUSTMENT OF TIMELINES.—At 

7 the request of a project applicant, the lead 

8 agency and any other entity which is a signa9 tory to a memorandum of agreement under 

10 paragraph (1) may, by unanimous agreement, 

11 adjust— 

12 ‘‘(i) any deadlines described in sub13 paragraph (A); and 

14 ‘‘(ii) any deadlines extended under 

15 subparagraph (B). 

16 ‘‘(3) EFFECT ON PENDING APPLICATIONS.— 

17 Upon a written request by a project applicant, the 

18 requirements of this subsection shall apply to any 

19 application for a mineral exploration or mine permit 

20 or mineral lease that was submitted before the date 

21 of the enactment of the TAPP American Resources 

22 Act’’. 

23 SEC. 303. FEDERAL REGISTER PROCESS IMPROVEMENT. 

24 Section 7002(f) of the Energy Act of 2020 (30 

25 U.S.C. 1606(f)) is amended— 


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1 (1) in paragraph (2), by striking ‘‘critical’’ both 

2 places such term appears; and 

3 (2) by striking paragraph (4). 

4 SEC. 304. DESIGNATION OF MINING AS A COVERED SECTOR 

5 FOR FEDERAL PERMITTING IMPROVEMENT 

6 PURPOSES. 

7 Section 41001(6)(A) of the FAST Act (42 U.S.C. 

8 4370m(6)(A)) is amended by inserting ‘‘mineral produc9 tion,’’ before ‘‘or any other sector’’. 

10 SEC. 305. TREATMENT OF ACTIONS UNDER PRESIDENTIAL 

11 DETERMINATION 2022–11 FOR FEDERAL PER12 MITTING IMPROVEMENT PURPOSES. 

13 (a) IN GENERAL.—Except as provided by subsection 

14 (c), an action described in subsection (b) shall be— 

15 (1) treated as a covered project, as defined in 

16 section 41001(6) of the FAST Act (42 U.S.C. 

17 4370m(6)), without regard to the requirements of 

18 that section; and 

19 (2) included in the Permitting Dashboard main20 tained pursuant to section 41003(b) of that Act (42 

21 13 U.S.C. 4370m–2(b)). 

22 (b) ACTIONS DESCRIBED.—An action described in 

23 this subsection is an action taken by the Secretary of De24 fense pursuant to Presidential Determination 2022–11 

25 (87 Fed. Reg. 19775; relating to certain actions under 


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1 section 303 of the Defense Production Act of 1950) or 

2 the Presidential Memorandum of February 27, 2023, ti3 tled ‘‘Presidential Waiver of Statutory Requirements Pur4 suant to Section 303 of the Defense Production Act of 

5 1950, as amended, on Department of Defense Supply 

6 Chains Resilience’’ (88 Fed. Reg. 13015) to create, main7 tain, protect, expand, or restore sustainable and respon8 sible domestic production capabilities through— 

9 (1) supporting feasibility studies for mature 

10 mining, beneficiation, and value-added processing 

11 projects; 

12 (2) byproduct and co-product production at ex13 isting mining, mine waste reclamation, and other in14 dustrial facilities; 

15 (3) modernization of mining, beneficiation, and 

16 value-added processing to increase productivity, envi17 ronmental sustainability, and workforce safety; or 

18 (4) any other activity authorized under section 

19 303(a)(1) of the Defense Production Act of 1950 

20 (50 U.S.C. 4533(a)(1)). 

21 (c) EXCEPTION.—An action described in subsection 

22 (b) may not be treated as a covered project or be included 

23 in the Permitting Dashboard under subsection (a) if the 

24 project sponsor (as defined in section 41001(18) of the 


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1 FAST Act (42 U.S.C. 21 4370m(18))) requests that the 

2 action not be treated as a covered project. 

3 SEC. 306. NOTICE FOR MINERAL EXPLORATION ACTIVITIES 

4 WITH LIMITED SURFACE DISTURBANCE. 

5 (a) IN GENERAL.—Not later than 15 days before 

6 commencing an exploration activity with a surface disturb7 ance of not more than 5 acres of public lands, the operator 

8 of such exploration activity shall submit to the Secretary 

9 concerned a complete notice of such exploration activity. 

10 (b) INCLUSIONS.—Notice submitted under subsection 

11 (a) shall include such information the Secretary concerned 

12 may require, including the information described in sec13 tion 3809.301 of title 43, Code of Federal Regulations (or 

14 any successor regulation). 

15 (c) REVIEW.—Not later than 15 days after the Sec16 retary concerned receives notice submitted under sub17 section (a), the Secretary concerned shall— 

18 (1) review and determine completeness of the 

19 notice; and 

20 (2) allow exploration activities to proceed if— 

21 (A) the surface disturbance of such explo22 ration activities on such public lands will not 

23 exceed 5 acres; 

24 (B) the Secretary concerned determines 

25 that the notice is complete; and 


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1 (C) the operator provides financial assur2 ance that the Secretary concerned determines is 

3 adequate. 

4 (d) DEFINITIONS.—In this section: 

5 (1) EXPLORATION ACTIVITY.—The term ‘‘explo6 ration activity’’— 

7 (A) means creating surface disturbance 

8 greater than casual use that includes sampling, 

9 drilling, or developing surface or underground 

10 workings to evaluate the type, extent, quantity, 

11 or quality of mineral values present; 

12 (B) includes constructing drill roads and 

13 drill pads, drilling, trenching, excavating test 

14 pits, and conducting geotechnical tests and geo15 physical surveys; and 

16 (C) does not include activities where mate17 rial is extracted for commercial use or sale. 

18 (2) SECRETARY CONCERNED.—The term ‘‘Sec19 retary concerned’’ means— 

20 (A) with respect to lands administered by 

21 the Secretary of the Interior, the Secretary of 

22 the Interior; and 

23 (B) with respect to National Forest Sys24 tem lands, the Secretary of Agriculture. 


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1 SEC. 307. USE OF MINING CLAIMS FOR ANCILLARY ACTIVI2 TIES. 

3 Section 10101 of the Omnibus Budget Reconciliation 

4 Act of 1993 (30 U.S.C. 28f) is amended by adding at the 

5 end the following: 

6 ‘‘(e) SECURITY OF TENURE.— 

7 ‘‘(1) CLAIMANT RIGHTS.— 

8 ‘‘(A) DEFINITION OF OPERATIONS.—In 

9 this paragraph, the term ‘operations’ means— 

10 ‘‘(i) with respect to a locatable min11 eral, any activity or work carried out in 

12 connection with— 

13 ‘‘(I) prospecting; 

14 ‘‘(II) exploration; 

15 ‘‘(III) discovery and assessment; 

16 ‘‘(IV) development; 

17 ‘‘(V) extraction; or 

18 ‘‘(VI) processing; 

19 ‘‘(ii) the reclamation of an area dis20 turbed by an activity described in clause 

21 (i); and 

22 ‘‘(iii) any activity reasonably incident 

23 to an activity described in clause (i) or (ii), 

24 regardless of whether that incidental activ25 ity is carried out on a mining claim, in26 cluding the construction and maintenance 


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1 of any road, transmission line, pipeline, or 

2 any other necessary infrastructure or 

3 means of access on public land for a sup4 port facility. 

5 ‘‘(B) RIGHTS TO USE, OCCUPATION, AND

6 OPERATIONS.—A claimant shall have the right 

7 to use and occupy to conduct operations on 

8 public land, with or without the discovery of a 

9 valuable mineral deposit, if— 

10 ‘‘(i) the claimant makes a timely pay11 ment of— 

12 ‘‘(I) the location fee required by 

13 section 10102; and 

14 ‘‘(II) the claim maintenance fee 

15 required by subsection (a); or 

16 ‘‘(ii) in the case of a claimant who 

17 qualifies for a waiver of the claim mainte18 nance fee under subsection (d)— 

19 ‘‘(I) the claimant makes a timely 

20 payment of the location fee required 

21 by section 10102; and 

22 ‘‘(II) the claimant complies with 

23 the required assessment work under 

24 the general mining laws. 


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1 ‘‘(2) FULFILLMENT OF FEDERAL LAND POLICY

2 AND MANAGEMENT ACT OF 1976.—A claimant that 

3 fulfills the requirements of this section and section 

4 10102 shall be deemed to satisfy any requirements 

5 under the Federal Land Policy and Management Act 

6 of 1976 (43 U.S.C. 1701 et seq.) for the payment 

7 of fair market value to the United States for the use 

8 of public land and resources pursuant to the general 

9 mining laws. 

10 ‘‘(3) SAVINGS CLAUSE.—Nothing in this sub11 section— 

12 ‘‘(A) diminishes any right (including a 

13 right of entry, use, or occupancy) of a claimant; 

14 ‘‘(B) creates or increases any right (includ15 ing a right of exploration, entry, use, or occu16 pancy) of a claimant on lands that are not open 

17 to location under the general mining laws; 

18 ‘‘(C) modifies any provision of law or any 

19 prior administrative action withdrawing lands 

20 from location or entry; 

21 ‘‘(D) limits the right of the Federal Gov22 ernment to regulate mining and mining-related 

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1 able mineral deposit) in areas withdrawn from 

2 mining (including under— 

3 ‘‘(i) the general mining laws; 

4 ‘‘(ii) the Federal Land Policy and 

5 Management Act of 1976 (43 U.S.C. 1701 

6 et seq.); 

7 ‘‘(iii) the Wilderness Act (16 U.S.C. 

8 1131 et seq.); 

9 ‘‘(iv) sections 100731 through 100737 

10 of title 54, United States Code (commonly 

11 referred to as the ‘Mining in the Parks 

12 Act’); 

13 ‘‘(v) the Endangered Species Act of 

14 1973 (16 U.S.C. 1531 et seq.); or 

15 ‘‘(vi) division A of subtitle III of title 

16 54, United States Code (commonly re17 ferred to as the ‘National Historic Preser18 vation Act’); or 

19 ‘‘(E) restores any right (including a right 

20 of entry, use, or occupancy, or right to conduct 

21 operations) of a claimant that existed prior to 

22 the date that the lands were closed to or with23 drawn from location under the general mining 

24 laws and that has been extinguished by such 

25 closure or withdrawal.’’. 


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1 SEC. 308. ENSURING CONSIDERATION OF URANIUM AS A 

2 CRITICAL MINERAL. 

3 (a) IN GENERAL.—Section 7002(a)(3)(B)(i) of the 

4 Energy Act of 2020 (30 U.S.C. 1606(a)(3)(B)(i)) is 

5 amended to read as follows: 

6 ‘‘(i) oil, oil shale, coal, or natural 

7 gas;’’. 

8 (b) UPDATE.—Not later than 60 days after the date 

9 of the enactment of this section, the Secretary, acting 

10 through the Director of the United States Geological Sur11 vey, shall publish in the Federal Register an update to 

12 the final list established in section 7002(c)(3) of the En13 ergy Act of 2020 (30 U.S.C. 1606(c)(3)) in accordance 

14 with subsection (a) of this section. 

15 Subtitle D—Federal Land Use 

16 Planning 

17 SEC. 401. FEDERAL LAND USE PLANNING AND WITH18 DRAWALS. 

19 (a) RESOURCE ASSESSMENTS REQUIRED.—Federal 

20 lands and waters may not be withdrawn from entry under 

21 the mining laws or operation of the mineral leasing and 

22 mineral materials laws unless— 

23 (1) a quantitative and qualitative geophysical 

24 and geological mineral resource assessment of the 

25 impacted area has been completed during the 10- 

26 year period ending on the date of such withdrawal; 


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1 (2) the Secretary, in consultation with the Sec2 retary of Commerce, the Secretary of Energy, and 

3 the Secretary of Defense, conducts an assessment of 

4 the economic, energy, strategic, and national secu5 rity value of mineral deposits identified in such min6 eral resource assessment; 

7 (3) the Secretary conducts an assessment of the 

8 reduction in future Federal revenues to the Treas9 ury, States, the Land and Water Conservation 

10 Fund, the Historic Preservation Fund, and the Na11 tional Parks and Public Land Legacy Restoration 

12 Fund resulting from the proposed mineral with13 drawal; 

14 (4) the Secretary, in consultation with the Sec15 retary of Defense, conducts an assessment of mili16 tary readiness and training activities in the proposed 

17 withdrawal area; and 

18 (5) the Secretary submits a report to the Com19 mittees on Natural Resources, Agriculture, Energy 

20 and Commerce, and Foreign Affairs of the House of 

21 Representatives and the Committees on Energy and 

22 Natural Resources, Agriculture, and Foreign Affairs 

23 of the Senate, that includes the results of the assess24 ments completed pursuant to this subsection. 


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1 (b) LAND USE PLANS.—Before a resource manage2 ment plan under the Federal Land Policy and Manage3 ment Act of 1976 (43 U.S.C. 1701 et seq.) or a forest 

4 management plan under the National Forest Management 

5 Act is updated or completed, the Secretary or Secretary 

6 of Agriculture, as applicable, in consultation with the Di7 rector of the United States Geological Survey, shall— 

8 (1) review any quantitative and qualitative min9 eral resource assessment that was completed or up10 dated during the 10-year period ending on the date 

11 that the applicable land management agency pub12 lishes a notice to prepare, revise, or amend a land 

13 use plan by the Director of the United States Geo14 logical Survey for the geographic area affected by 

15 the applicable management plan; 

16 (2) the Secretary, in consultation with the Sec17 retary of Commerce, the Secretary of Energy, and 

18 the Secretary of Defense, conducts an assessment of 

19 the economic, energy, strategic, and national secu20 rity value of mineral deposits identified in such min21 eral resource assessment; and 

22 (3) submit a report to the Committees on Nat23 ural Resources, Agriculture, Energy and Commerce, 

24 and Foreign Affairs of the House of Representatives 

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1 sources, Agriculture, and Foreign Affairs of the Sen2 ate, that includes the results of the assessment com3 pleted pursuant to this subsection. 

4 (c) NEW INFORMATION.—The Secretary shall provide 

5 recommendations to the President on appropriate meas6 ures to reduce unnecessary impacts that a withdrawal of 

7 Federal lands or waters from entry under the mining laws 

8 or operation of the mineral leasing and mineral materials 

9 laws may have on mineral exploration, development, and 

10 other mineral activities (including authorizing exploration 

11 and development of such mineral deposits) not later than 

12 180 days after the Secretary has notice that a resource 

13 assessment completed by the Director of the United States 

14 Geological Survey, in coordination with the State geologi15 cal surveys, determines that a previously undiscovered 

16 mineral deposit may be present in an area that has been 

17 withdrawn from entry under the mining laws or operation 

18 of the mineral leasing and mineral materials laws pursu19 ant to— 

20 (1) section 204 of the Federal Land Policy and 

21 Management Act of 1976 (43 U.S.C. 1714); or 

22 (2) chapter 3203 of title 54, United States 

23 Code. 


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1 SEC. 402. PROHIBITIONS ON DELAY OF MINERAL DEVELOP2 MENT OF CERTAIN FEDERAL LAND. 

3 (a) PROHIBITIONS.—Notwithstanding any other pro4 vision of law, the President shall not carry out any action 

5 that would pause, restrict, or delay the process for or 

6 issuance of any of the following on Federal land, unless 

7 such lands are withdrawn from disposition under the min8 eral leasing laws, including by administrative withdrawal: 

9 (1) New oil and gas lease sales, oil and gas 

10 leases, drill permits, or associated approvals or au11 thorizations of any kind associated with oil and gas 

12 leases. 

13 (2) New coal leases (including leases by applica14 tion in process, renewals, modifications, or expan15 sions of existing leases), permits, approvals, or au16 thorizations. 

17 (3) New leases, claims, permits, approvals, or 

18 authorizations for development or exploration of 

19 minerals. 

20 (b) PROHIBITION ON RESCISSION OF LEASES, PER21 MITS, OR CLAIMS.—The President, the Secretary, or Sec22 retary of Agriculture as applicable, may not rescind any 

23 existing lease, permit, or claim for the extraction and pro24 duction of any mineral under the mining laws or mineral 

25 leasing and mineral materials laws on National Forest 

26 System land or land under the jurisdiction of the Bureau 


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1 of Land Management, unless specifically authorized by 

2 Federal statute, or upon the lessee, permittee, or claim3 ant’s failure to comply with any of the provisions of the 

4 applicable lease, permit, or claim. 

5 (c) MINERAL DEFINED.—In subsection (a)(3), the 

6 term ‘‘mineral’’ means any mineral of a kind that is 

7 locatable (including such minerals located on ‘‘lands ac8 quired by the United States’’, as such term is defined in 

9 section 2 of the Mineral Leasing Act for Acquired Lands) 

10 under the Act of May 10, 1872 (Chapter 152; 17 Stat. 

11 91). 

12 SEC. 403. DEFINITIONS. 

13 In this subtitle: 

14 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

15 means— 

16 (A) National Forest System land; 

17 (B) public lands (as defined in section 103 

18 of the Federal Land Policy and Management 

19 Act of 1976 (43 U.S.C. 1702)); 

20 (C) the outer Continental Shelf (as defined 

21 in section 2 of the Outer Continental Shelf 

22 Lands Act (43 U.S.C. 1331)); and 

23 (D) land managed by the Secretary of En24 ergy. 


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1 (2) PRESIDENT.—The term ‘‘President’’ 

2 means— 

3 (A) the President; and 

4 (B) any designee of the President, includ5 ing— 

6 (i) the Secretary of Agriculture; 

7 (ii) the Secretary of Commerce; 

8 (iii) the Secretary of Energy; and 

9 (iv) the Secretary of the Interior. 

10 (3) PREVIOUSLY UNDISCOVERED DEPOSIT.— 

11 The term ‘‘previously undiscovered mineral deposit’’ 

12 means— 

13 (A) a mineral deposit that has been pre14 viously evaluated by the United States Geologi15 cal Survey and found to be of low mineral po16 tential, but upon subsequent evaluation is de17 termined by the United States Geological Sur18 vey to have significant mineral potential; or 

19 (B) a mineral deposit that has not pre20 viously been evaluated by the United States Ge21 ological Survey. 

22 (4) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of the Interior. 


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1 Subtitle E—Ensuring 

2 Competitiveness on Federal Lands 

3 SEC. 501. INCENTIVIZING DOMESTIC PRODUCTION. 

4 (a) OFFSHORE OIL AND GAS ROYALTY RATE.—Sec5 tion 8(a)(1) of the Outer Continental Shelf Lands Act (43 

6 U.S.C. 1337(a)(1)) is amended— 

7 (1) in subparagraph (A), by striking ‘‘not less 

than 162⁄3 percent, but not more than 183 8 ⁄4 percent, 

9 during the 10-year period beginning on the date of 

10 enactment of the Act titled ‘An Act to provide for 

11 reconciliation pursuant to title II of S. Con. Res. 

14’, and not less than 162 12 ⁄3 percent thereafter,’’ 

13 each place it appears and inserting ‘‘not less than 

14 12.5 percent’’; 

15 (2) in subparagraph (C), by striking ‘‘not less 

than 162⁄3 percent, but not more than 183 16 ⁄4 percent, 

17 during the 10-year period beginning on the date of 

18 enactment of the Act titled ‘An Act to provide for 

19 reconciliation pursuant to title II of S. Con. Res. 

14’, and not less than 162 20 ⁄3 percent thereafter,’’ 

21 each place it appears and inserting ‘‘not less than 

22 12.5 percent’’; 

23 (3) in subparagraph (F), by striking ‘‘not less 

than 162⁄3 percent, but not more than 183 24 ⁄4 percent, 

25 during the 10-year period beginning on the date of 


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1 enactment of the Act titled ‘An Act to provide for 

2 reconciliation pursuant to title II of S. Con. Res. 

14’, and not less than 162 3 ⁄3 percent thereafter,’’ and 

4 inserting ‘‘not less than 12.5 percent’’; and 

5 (4) in subparagraph (H), by striking ‘‘not less 

than 162⁄3 percent, but not more than 183 6 ⁄4 percent, 

7 during the 10-year period beginning on the date of 

8 enactment of the Act titled ‘An Act to provide for 

9 reconciliation pursuant to title II of S. Con. Res. 

14’, and not less than 162 10 ⁄3 percent thereafter,’’ and 

11 inserting ‘‘not less than 12.5 percent’’. 

12 (b) MINERAL LEASING ACT.— 

13 (1) ONSHORE OIL AND GAS ROYALTY RATES.— 

14 (A) LEASE OF OIL AND GAS LAND.—Sec15 tion 17 of the Mineral Leasing Act (30 U.S.C. 

16 226) is amended— 

17 (i) in subsection (b)(1)(A)— 

18 (I) by striking ‘‘not less than 

162 19 ⁄3’’ and inserting ‘‘not less than 

20 12.5’’; and 

21 (II) by striking ‘‘or, in the case 

22 of a lease issued during the 10-year 

23 period beginning on the date of enact24 ment of the Act titled ‘An Act to pro25 vide for reconciliation pursuant to 


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title II of S. Con. Res. 14’, 162 1 ⁄3 per2 cent in amount or value of the pro3 duction removed or sold from the 

4 lease’’; and 

(ii) by striking ‘‘162 5 ⁄3 percent’’ each 

6 place it appears and inserting ‘‘12.5 per7 cent’’. 

8 (B) CONDITIONS FOR REINSTATEMENT.— 

9 Section 31(e)(3) of the Mineral Leasing Act (30 

10 U.S.C. 188(e)(3)) is amended by striking ‘‘20’’ 

inserting ‘‘162 11 ⁄3’’. 

12 (2) OIL AND GAS MINIMUM BID.—Section 17(b) 

13 of the Mineral Leasing Act (30 U.S.C. 226(b)) is 

14 amended— 

15 (A) in paragraph (1)(B), by striking ‘‘$10 

16 per acre during the 10-year period beginning on 

17 the date of enactment of the Act titled ‘An Act 

18 to provide for reconciliation pursuant to title II 

19 of S. Con. Res. 14’.’’ and inserting ‘‘$2 per 

20 acre for a period of 2 years from the date of 

21 the enactment of the Federal Onshore Oil and 

22 Gas Leasing Reform Act of 1987.’’; and 

23 (B) in paragraph (2)(C), by striking ‘‘$10 

24 per acre’’ and inserting ‘‘$2 per acre’’. 


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1 (3) FOSSIL FUEL RENTAL RATES.—Section 

2 17(d) of the Mineral Leasing Act (30 U.S.C. 

3 226(d)) is amended to read as follows: 

4 ‘‘(d) All leases issued under this section, as amended 

5 by the Federal Onshore Oil and Gas Leasing Reform Act 

6 of 1987, shall be conditioned upon payment by the lessee 

7 of a rental of not less than $1.50 per acre per year for 

8 the first through fifth years of the lease and not less than 

9 $2 per acre per year for each year thereafter. A minimum 

10 royalty in lieu of rental of not less than the rental which 

11 otherwise would be required for that lease year shall be 

12 payable at the expiration of each lease year beginning on 

13 or after a discovery of oil or gas in paying quantities on 

14 the lands leased.’’. 

15 (4) EXPRESSION OF INTEREST FEE.—Section 

16 17 of the Mineral Leasing Act (30 U.S.C. 226) is 

17 further amended by repealing subsection (q). 

18 (5) ELIMINATION OF NONCOMPETITIVE LEAS19 ING.—Section 17 of the Mineral Leasing Act (30 

20 U.S.C. 226) is further amended— 

21 (A) in subsection (b)— 

22 (i) in paragraph (1)(A)— 

23 (I) in the first sentence, by strik24 ing ‘‘paragraph (2)’’ and inserting 

25 ‘‘paragraphs (2) and (3)’’; and 


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1 (II) by adding at the end ‘‘Lands 

2 for which no bids are received or for 

3 which the highest bid is less than the 

4 national minimum acceptable bid shall 

5 be offered promptly within 30 days 

6 for leasing under subsection (c) of this 

7 section and shall remain available for 

8 leasing for a period of 2 years after 

9 the competitive lease sale.’’; and 

10 (ii) by adding at the end the fol11 lowing: 

12 ‘‘(3)(A) If the United States held a vested fu13 ture interest in a mineral estate that, immediately 

14 prior to becoming a vested present interest, was sub15 ject to a lease under which oil or gas was being pro16 duced, or had a well capable of producing, in paying 

17 quantities at an annual average production volume 

18 per well per day of either not more than 15 barrels 

19 per day of oil or condensate, or not more than 

20 60,000 cubic feet of gas, the holder of the lease may 

21 elect to continue the lease as a noncompetitive lease 

22 under subsection (c)(1). 

23 ‘‘(B) An election under this paragraph is effec24 tive— 


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1 ‘‘(i) in the case of an interest which vested 

2 after January 1, 1990, and on or before Octo3 ber 24, 1992, if the election is made before the 

4 date that is 1 year after October 24, 1992; 

5 ‘‘(ii) in the case of an interest which vests 

6 within 1 year after October 24, 1992, if the 

7 election is made before the date that is 2 years 

8 after October 24, 1992; and 

9 ‘‘(iii) in any case other than those de10 scribed in clause (i) or (ii), if the election is 

11 made prior to the interest becoming a vested 

12 present interest.’’; and 

13 (B) by striking subsection (c) and insert14 ing the following: 

15 ‘‘(c) LANDS SUBJECT TO LEASING UNDER SUB16 SECTION (b); FIRST QUALIFIED APPLICANT.— 

17 ‘‘(1) If the lands to be leased are not leased 

18 under subsection (b)(1) of this section or are not 

19 subject to competitive leasing under subsection 

20 (b)(2) of this section, the person first making appli21 cation for the lease who is qualified to hold a lease 

22 under this chapter shall be entitled to a lease of 

23 such lands without competitive bidding, upon pay24 ment of a non-refundable application fee of at least 

25 $75. A lease under this subsection shall be condiVerDate Sep 11 2014 16:25 May 16, 2024 Jkt 049200 PO 00000 Frm 00650 Fmt 6652 Sfmt 6201 E:\BILLS\H7476.IH H7476

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1 tioned upon the payment of a royalty at a rate of 

2 12.5 percent in amount or value of the production 

3 removed or sold from the lease. Leases shall be 

4 issued within 60 days of the date on which the Sec5 retary identifies the first responsible qualified appli6 cant. 

7 ‘‘(2)(A) Lands— 

8 ‘‘(i) which were posted for sale under sub9 section (b)(1) of this section but for which no 

10 bids were received or for which the highest bid 

11 was less than the national minimum acceptable 

12 bid; and 

13 ‘‘(ii) for which, at the end of the period re14 ferred to in subsection (b)(1) of this section no 

15 lease has been issued and no lease application 

16 is pending under paragraph (1) of this sub17 section, shall again be available for leasing only 

18 in accordance with subsection (b)(1) of this sec19 tion. 

20 ‘‘(B) The land in any lease which is issued 

21 under paragraph (1) of this subsection or under sub22 section (b)(1) of this section which lease terminates, 

23 expires, is cancelled or is relinquished shall again be 

24 available for leasing only in accordance with sub25 section (b)(1) of this section.’’; and 


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1 (C) by striking subsection (e) and inserting 

2 the following: 

3 ‘‘(e) PRIMARY TERM.—Competitive and noncompeti4 tive leases issued under this section shall be for a primary 

5 term of 10 years: Provided, however, That competitive 

6 leases issued in special tar sand areas shall also be for 

7 a primary term of 10 years. Each such lease shall continue 

8 so long after its primary term as oil or gas is produced 

9 in paying quantities. Any lease issued under this section 

10 for land on which, or for which under an approved cooper11 ative or unit plan of development or operation, actual drill12 ing operations were commenced prior to the end of its pri13 mary term and are being diligently prosecuted at that time 

14 shall be extended for two years and so long thereafter as 

15 oil or gas is produced in paying quantities.’’. 

16 (6) CONFORMING AMENDMENTS.—Section 31 of 

17 the Mineral Leasing Act (30 U.S.C. 188) is amend18 ed— 

19 (A) in subsection (d)(1), by striking ‘‘sec20 tion 17(b)’’ and inserting ‘‘subsection (b) or (c) 

21 of section 17 of this Act’’; 

22 (B) in subsection (e)— 

23 (i) in paragraph (2)— 

24 (I) insert ‘‘either’’ after ‘‘rentals 

25 and’’; and 


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1 (II) insert ‘‘or the inclusion in a 

2 reinstated lease issued pursuant to the 

3 provisions of section 17(c) of this Act 

4 of a requirement that future rentals 

5 shall be at a rate not less than $5 per 

6 acre per year, all’’ before ‘‘as deter7 mined by the Secretary’’; and 

8 (ii) by amending paragraph (3) to 

9 read as follows: 

10 ‘‘(3)(A) payment of back royalties and the in11 clusion in a reinstated lease issued pursuant to the 

12 provisions of section 17(b) of this Act of a require13 ment for future royalties at a rate of not less than 

162 14 ⁄3 percent computed on a sliding scale based 

15 upon the average production per well per day, at a 

16 rate which shall be not less than 4 percentage points 

17 greater than the competitive royalty schedule then in 

18 force and used for royalty determination for com19 petitive leases issued pursuant to such section as de20 termined by the Secretary: Provided, That royalty 

21 on such reinstated lease shall be paid on all produc22 tion removed or sold from such lease subsequent to 

23 the termination of the original lease; and 

24 ‘‘(B) payment of back royalties and inclusion in 

25 a reinstated lease issued pursuant to the provisions 


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1 of section 17(c) of this Act of a requirement for future royalties at a rate not less than 162 2 ⁄3 percent: 

3 Provided, That royalty on such reinstated lease shall 

4 be paid on all production removed or sold from such 

5 lease subsequent to the cancellation or termination 

6 of the original lease; and’’; 

7 (C) in subsection (f)— 

8 (i) in paragraph (1), strike ‘‘in the 

9 same manner as the original lease issued 

10 pursuant to section 17’’ and insert ‘‘as a 

11 competitive or a noncompetitive oil and gas 

12 lease in the same manner as the original 

13 lease issued pursuant to subsection (b) or 

14 (c) of section 17 of this Act’’; 

15 (ii) by redesignating paragraphs (2) 

16 and (3) as paragraph (3) and (4), respec17 tively; and 

18 (iii) by inserting after paragraph (1) 

19 the following: 

20 ‘‘(2) Except as otherwise provided in this sec21 tion, the issuance of a lease in lieu of an abandoned 

22 patented oil placer mining claim shall be treated as 

23 a noncompetitive oil and gas lease issued pursuant 

24 to section 17(c) of this Act.’’; 


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1 (D) in subsection (g), by striking ‘‘sub2 section (d)’’ and inserting ‘‘subsections (d) and 

3 (f)’’; 

4 (E) by amending subsection (h) to read as 

5 follows: 

6 ‘‘(h) ROYALTY REDUCTIONS.— 

7 ‘‘(1) In acting on a petition to issue a non8 competitive oil and gas lease, under subsection (f) of 

9 this section or in response to a request filed after 

10 issuance of such a lease, or both, the Secretary is 

11 authorized to reduce the royalty on such lease if in 

12 his judgment it is equitable to do so or the cir13 cumstances warrant such relief due to uneconomic 

14 or other circumstances which could cause undue 

15 hardship or premature termination of production. 

16 ‘‘(2) In acting on a petition for reinstatement 

17 pursuant to subsection (d) of this section or in re18 sponse to a request filed after reinstatement, or 

19 both, the Secretary is authorized to reduce the roy20 alty in that reinstated lease on the entire leasehold 

21 or any tract or portion thereof segregated for royalty 

22 purposes if, in his judgment, there are uneconomic 

23 or other circumstances which could cause undue 

24 hardship or premature termination of production; or 

25 because of any written action of the United States, 


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1 its agents or employees, which preceded, and was a 

2 major consideration in, the lessee’s expenditure of 

3 funds to develop the property under the lease after 

4 the rent had become due and had not been paid; or 

5 if in the judgment of the Secretary it is equitable to 

6 do so for any reason.’’; 

7 (F) by redesignating subsections (f) 

8 through (i) as subsections (g) through (j), re9 spectively; and 

10 (G) by inserting after subsection (e) the 

11 following: 

12 ‘‘(f) ISSUANCE OF NONCOMPETITIVE OIL AND GAS

13 LEASE; CONDITIONS.—Where an unpatented oil placer 

14 mining claim validly located prior to February 24, 1920, 

15 which has been or is currently producing or is capable of 

16 producing oil or gas, has been or is hereafter deemed con17 clusively abandoned for failure to file timely the required 

18 instruments or copies of instruments required by section 

19 1744 of title 43, and it is shown to the satisfaction of 

20 the Secretary that such failure was inadvertent, justifi21 able, or not due to lack of reasonable diligence on the part 

22 of the owner, the Secretary may issue, for the lands cov23 ered by the abandoned unpatented oil placer mining claim, 

24 a noncompetitive oil and gas lease, consistent with the pro25 visions of section 17(e) of this Act, to be effective from 


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1 the statutory date the claim was deemed conclusively 

2 abandoned. Issuance of such a lease shall be conditioned 

3 upon: 

4 ‘‘(1) a petition for issuance of a noncompetitive 

5 oil and gas lease, together with the required rental 

6 and royalty, including back rental and royalty accru7 ing from the statutory date of abandonment of the 

8 oil placer mining claim, being filed with the Sec9 retary— 

10 ‘‘(A) with respect to any claim deemed 

11 conclusively abandoned on or before January 

12 12, 1983, on or before the one hundred and 

13 twentieth day after January 12, 1983; or 

14 ‘‘(B) with respect to any claim deemed 

15 conclusively abandoned after January 12, 1983, 

16 on or before the one hundred and twentieth day 

17 after final notification by the Secretary or a 

18 court of competent jurisdiction of the deter19 mination of the abandonment of the oil placer 

20 mining claim; 

21 ‘‘(2) a valid lease not having been issued affect22 ing any of the lands covered by the abandoned oil 

23 placer mining claim prior to the filing of such peti24 tion: Provided, however, That after the filing of a 

25 petition for issuance of a lease under this subsection, 


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1 the Secretary shall not issue any new lease affecting 

2 any of the lands covered by such abandoned oil plac3 er mining claim for a reasonable period, as deter4 mined in accordance with regulations issued by him; 

5 ‘‘(3) a requirement in the lease for payment of 

6 rental, including back rentals accruing from the 

7 statutory date of abandonment of the oil placer min8 ing claim, of not less than $5 per acre per year; 

9 ‘‘(4) a requirement in the lease for payment of 

10 royalty on production removed or sold from the oil 

11 placer mining claim, including all royalty on produc12 tion made subsequent to the statutory date the claim 

13 was deemed conclusively abandoned, of not less than 

121 14 ⁄2 percent; and 

15 ‘‘(5) compliance with the notice and reimburse16 ment of costs provisions of paragraph (4) of sub17 section (e) but addressed to the petition covering the 

18 conversion of an abandoned unpatented oil placer 

19 mining claim to a noncompetitive oil and gas lease.’’. 

20 Subtitle F—Energy Revenue 

21 Sharing 

22 SEC. 601. GULF OF MEXICO OUTER CONTINENTAL SHELF 

23 REVENUE. 

24 (a) DISTRIBUTION OF OUTER CONTINENTAL SHELF

25 REVENUE TO GULF PRODUCING STATES.—Section 105 of 


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1 the Gulf of Mexico Energy Security Act of 2006 (43 

2 U.S.C. 1331 note) is amended— 

3 (1) in subsection (a)— 

4 (A) in paragraph (1), by striking ‘‘50’’ and 

5 inserting ‘‘37.5’’; and 

6 (B) in paragraph (2)— 

7 (i) by striking ‘‘50’’ and inserting 

8 ‘‘62.5’’; 

9 (ii) in subparagraph (A), by striking 

10 ‘‘75’’ and inserting ‘‘80’’; and 

11 (iii) in subparagraph (B), by striking 

12 ‘‘25’’ and inserting ‘‘20’’; and 

13 (2) by striking subsection (f) and inserting the 

14 following: 

15 ‘‘(f) TREATMENT OF AMOUNTS.—Amounts disbursed 

16 to a Gulf producing State under this section shall be treat17 ed as revenue sharing and not as a Federal award or grant 

18 for the purposes of part 200 of title 2, Code of Federal 

19 Regulations.’’. 

20 (b) EXEMPTION OF CERTAIN PAYMENTS FROM SE21 QUESTRATION.— 

22 (1) IN GENERAL.—Section 255(g)(1)(A) of the 

23 Balanced Budget and Emergency Deficit Control 

24 Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by 


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1 inserting after ‘‘Payments to Social Security Trust 

2 Funds (28–0404–0–1–651).’’ the following: 

3 ‘‘Payments to States pursuant to section 

4 105(a)(2)(A) of the Gulf of Mexico Energy Security Act 

5 of 2006 (Public Law 109–432; 43 U.S.C. 1331 note) 

6 (014–5535–0–2–302).’’. 

7 (2) APPLICABILITY.—The amendment made by 

8 this subsection shall apply to any sequestration 

9 order issued under the Balanced Budget and Emer10 gency Deficit Control Act of 1985 (2 U.S.C. 900 et 

11 seq.) on or after the date of enactment of this Act. 

12 SEC. 602. PARITY IN OFFSHORE WIND REVENUE SHARING. 

13 (a) PAYMENTS AND REVENUES.—Section 8(p)(2) of 

14 the Outer Continental Shelf Lands Act (43 U.S.C. 

15 1337(p)(2)) is amended— 

16 (1) in subparagraph (A), by striking ‘‘(A) The 

17 Secretary’’ and inserting the following: 

18 ‘‘(A) IN GENERAL.—Subject to subpara19 graphs (B) and (C), the Secretary’’; 

20 (2) in subparagraph (B), by striking ‘‘(B) The 

21 Secretary’’ and inserting the following: 

22 ‘‘(B) DISPOSITION OF REVENUES FOR

23 PROJECTS LOCATED WITHIN 3 NAUTICAL MILES

24 SEAWARD OF STATE SUBMERGED LAND.—The 

25 Secretary’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘(C) DISPOSITION OF REVENUES FOR OFF3 SHORE WIND PROJECTS IN CERTAIN AREAS.— 

4 ‘‘(i) DEFINITIONS.—In this subpara5 graph: 

6 ‘‘(I) COVERED OFFSHORE WIND

7 PROJECT.—The term ‘covered off8 shore wind project’ means a wind 

9 powered electric generation project in 

10 a wind energy area on the outer Con11 tinental Shelf that is not wholly or 

12 partially located within an area sub13 ject to subparagraph (B). 

14 ‘‘(II) ELIGIBLE STATE.—The 

15 term ‘eligible State’ means a State a 

16 point on the coastline of which is lo17 cated within 75 miles of the geo18 graphic center of a covered offshore 

19 wind project. 

20 ‘‘(III) QUALIFIED OUTER CONTI21 NENTAL SHELF REVENUES.—The 

22 term ‘qualified outer Continental 

23 Shelf revenues’ means all royalties, 

24 fees, rentals, bonuses, or other pay25 ments from covered offshore wind 


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1 projects carried out pursuant to this 

2 subsection on or after the date of en3 actment of this subparagraph. 

4 ‘‘(ii) REQUIREMENT.— 

5 ‘‘(I) IN GENERAL.—The Sec6 retary of the Treasury shall deposit— 

7 ‘‘(aa) 12.5 percent of quali8 fied outer Continental Shelf reve9 nues in the general fund of the 

10 Treasury; 

11 ‘‘(bb) 37.5 percent of quali12 fied outer Continental Shelf reve13 nues in the North American Wet14 lands Conservation Fund; and 

15 ‘‘(cc) 50 percent of qualified 

16 outer Continental Shelf revenues 

17 in a special account in the Treas18 ury from which the Secretary 

19 shall disburse to each eligible 

20 State an amount determined pur21 suant to subclause (II). 

22 ‘‘(II) ALLOCATION.— 

23 ‘‘(aa) IN GENERAL.—Sub24 ject to item (bb), for each fiscal 

25 year beginning after the date of 


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1 enactment of this subparagraph, 

2 the amount made available under 

3 subclause (I)(cc) shall be allo4 cated to each eligible State in 

5 amounts (based on a formula es6 tablished by the Secretary by 

7 regulation) that are inversely 

8 proportional to the respective dis9 tances between the point on the 

10 coastline of each eligible State 

11 that is closest to the geographic 

12 center of the applicable leased 

13 tract and the geographic center 

14 of the leased tract. 

15 ‘‘(bb) MINIMUM ALLOCA16 TION.—The amount allocated to 

17 an eligible State each fiscal year 

18 under item (aa) shall be at least 

19 10 percent of the amounts made 

20 available under subclause (I)(cc). 

21 ‘‘(cc) PAYMENTS TO COAST22 AL POLITICAL SUBDIVISIONS.— 

23 ‘‘(AA) IN GENERAL.— 

24 The Secretary shall pay 20 

25 percent of the allocable 


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1 share of each eligible State, 

2 as determined pursuant to 

3 item (aa), to the coastal po4 litical subdivisions of the eli5 gible State. 

6 ‘‘(BB) ALLOCATION.— 

7 The amount paid by the 

8 Secretary to coastal political 

9 subdivisions under subitem 

10 (AA) shall be allocated to 

11 each coastal political sub12 division in accordance with 

13 subparagraphs (B) and (C) 

14 of section 31(b)(4) of this 

15 Act. 

16 ‘‘(iii) TIMING.—The amounts required 

17 to be deposited under subclause (I) of 

18 clause (ii) for the applicable fiscal year 

19 shall be made available in accordance with 

20 such subclause during the fiscal year im21 mediately following the applicable fiscal 

22 year. 

23 ‘‘(iv) AUTHORIZED USES.— 

24 ‘‘(I) IN GENERAL.—Subject to 

25 subclause (II), each eligible State 


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1 shall use all amounts received under 

2 clause (ii)(II) in accordance with all 

3 applicable Federal and State laws, 

4 only for 1 or more of the following 

5 purposes: 

6 ‘‘(aa) Projects and activities 

7 for the purposes of coastal pro8 tection and resiliency, including 

9 conservation, coastal restoration, 

10 estuary management, beach 

11 nourishment, hurricane and flood 

12 protection, and infrastructure di13 rectly affected by coastal wetland 

14 losses. 

15 ‘‘(bb) Mitigation of damage 

16 to fish, wildlife, or natural re17 sources, including through fish18 eries science and research. 

19 ‘‘(cc) Implementation of a 

20 federally approved marine, coast21 al, or comprehensive conservation 

22 management plan. 

23 ‘‘(dd) Mitigation of the im24 pact of outer Continental Shelf 


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1 activities through the funding of 

2 onshore infrastructure projects. 

3 ‘‘(ee) Planning assistance 

4 and the administrative costs of 

5 complying with this section. 

6 ‘‘(II) LIMITATION.—Of the 

7 amounts received by an eligible State 

8 under clause (ii)(II), not more than 3 

9 percent shall be used for the purposes 

10 described in subclause (I)(ee). 

11 ‘‘(v) ADMINISTRATION.—Subject to 

12 clause (vi)(III), amounts made available 

13 under items (aa) and (cc) of clause (ii)(I) 

14 shall— 

15 ‘‘(I) be made available, without 

16 further appropriation, in accordance 

17 with this subparagraph; 

18 ‘‘(II) remain available until ex19 pended; and 

20 ‘‘(III) be in addition to any 

21 amount appropriated under any other 

22 Act. 

23 ‘‘(vi) REPORTING REQUIREMENT.— 

24 ‘‘(I) IN GENERAL.—Not later 

25 than 180 days after the end of each 


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1 fiscal year, the Governor of each eligi2 ble State that receives amounts under 

3 clause (ii)(II) for the applicable fiscal 

4 year shall submit to the Secretary a 

5 report that describes the use of the 

6 amounts by the eligible State during 

7 the period covered by the report. 

8 ‘‘(II) PUBLIC AVAILABILITY.—On 

9 receipt of a report submitted under 

10 subclause (I), the Secretary shall 

11 make the report available to the pub12 lic on the website of the Department 

13 of the Interior. 

14 ‘‘(III) LIMITATION.—If the Gov15 ernor of an eligible State that receives 

16 amounts under clause (ii)(II) fails to 

17 submit the report required under sub18 clause (I) by the deadline specified in 

19 that subclause, any amounts that 

20 would otherwise be provided to the eli21 gible State under clause (ii)(II) for 

22 the succeeding fiscal year shall be de23 posited in the Treasury. 

24 ‘‘(vii) TREATMENT OF AMOUNTS.— 

25 Amounts disbursed to an eligible State 


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1 under this subsection shall be treated as 

2 revenue sharing and not as a Federal 

3 award or grant for the purposes of part 

4 200 of title 2, Code of Federal Regula5 tions.’’. 

6 (b) WIND LEASE SALES FOR AREAS OF THE OUTER

7 CONTINENTAL SHELF OFFSHORE OF TERRITORIES OF

8 THE UNITED STATES.—Section 33 of the Outer Conti9 nental Shelf Lands Act (43 U.S.C. 1356c) is amended by 

10 adding at the end the following: 

11 ‘‘(b) WIND LEASE SALE PROCEDURE.—Any wind 

12 lease granted pursuant to this section shall be considered 

13 a wind lease granted under section 8(p), including for pur14 poses of the disposition of revenues pursuant to subpara15 graphs (B) and (C) of section 8(p)(2).’’. 

16 (c) EXEMPTION OF CERTAIN PAYMENTS FROM SE17 QUESTRATION.— 

18 (1) IN GENERAL.—Section 255(g)(1)(A) of the 

19 Balanced Budget and Emergency Deficit Control 

20 Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by 

21 inserting after ‘‘Payments to Social Security Trust 

22 Funds (28–0404–0–1– 651).’’ the following: 

23 ‘‘Payments to States pursuant to subparagraph 

24 (C)(ii)(I)(cc) of section 8(p)(2) of the Outer Continental 

25 Shelf Lands Act (43 U.S.C. 1337(p)(2)).’’. 


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1 (2) APPLICABILITY.—The amendment made by 

2 this subsection shall apply to any sequestration 

3 order issued under the Balanced Budget and Emer4 gency Deficit Control Act of 1985 (2 U.S.C. 900 et 

5 seq.) on or after the date of enactment of this Act. 

6 SEC. 603. ELIMINATION OF ADMINISTRATIVE FEE UNDER 

7 THE MINERAL LEASING ACT. 

8 (a) IN GENERAL.—Section 35 of the Mineral Leasing 

9 Act (30 U.S.C. 191) is amended— 

10 (1) in subsection (a), in the first sentence, by 

11 striking ‘‘and, subject to the provisions of subsection 

12 (b),’’; 

13 (2) by striking subsection (b); 

14 (3) by redesignating subsections (c) and (d) as 

15 subsections (b) and (c), respectively; 

16 (4) in paragraph (3)(B)(ii) of subsection (b) (as 

17 so redesignated), by striking ‘‘subsection (d)’’ and 

18 inserting ‘‘subsection (c)’’; and 

19 (5) in paragraph (3)(A)(ii) of subsection (c) (as 

20 so redesignated), by striking ‘‘subsection (c)(2)(B)’’ 

21 and inserting ‘‘subsection (b)(2)(B)’’. 

22 (b) CONFORMING AMENDMENTS.— 

23 (1) Section 6(a) of the Mineral Leasing Act for 

24 Acquired Lands (30 U.S.C. 355(a)) is amended— 


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1 (A) in the first sentence, by striking ‘‘Sub2 ject to the provisions of section 35(b) of the 

3 Mineral Leasing Act (30 U.S.C. 191(b)), all’’ 

4 and inserting ‘‘All’’; and 

5 (B) in the second sentence, by striking ‘‘of 

6 the Act of February 25, 1920 (41 Stat. 450; 30 

7 U.S.C. 191),’’ and inserting ‘‘of the Mineral 

8 Leasing Act (30 U.S.C. 191)’’. 

9 (2) Section 20(a) of the Geothermal Steam Act 

10 of 1970 (30 U.S.C. 1019(a)) is amended, in the sec11 ond sentence of the matter preceding paragraph (1), 

12 by striking ‘‘the provisions of subsection (b) of sec13 tion 35 of the Mineral Leasing Act (30 U.S.C. 

14 191(b)) and section 5(a)(2) of this Act’’ and insert15 ing ‘‘section 5(a)(2)’’. 

16 (3) Section 205(f) of the Federal Oil and Gas 

17 Royalty Management Act of 1982 (30 U.S.C. 

18 1735(f)) is amended— 

19 (A) in the first sentence, by striking ‘‘this 

20 Section’’ and inserting ‘‘this section’’; and 

21 (B) by striking the fourth, fifth, and sixth 

22 sentences. 

Æ 


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