II 

116TH CONGRESS 

2D SESSION S. 4629 

To address issues involving the People’s Republic of China. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 17, 2020 

Mr. MENENDEZ (for himself, Mr. SCHUMER, Mr. DURBIN, Mr. WYDEN, Mr. 

BROWN, Mrs. MURRAY, Mr. REED, Mr. WARNER, Ms. KLOBUCHAR, Mrs. 

SHAHEEN, Mr. VAN HOLLEN, and Mr. HEINRICH) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To address issues involving the People’s Republic of China. 

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 ‘‘America Labor, Economic competitiveness, Alliances, 

6 Democracy and Security Act’’ or the ‘‘America LEADS 

7 Act’’. 

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

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 


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Sec. 3. Definitions. 

Sec. 4. Statement of policy on Indo-Pacific and China strategy. 

Sec. 5. Rules of construction. 

TITLE I—INVESTING IN AMERICAN COMPETITIVENESS 

Subtitle A—Science and Technology 

Sec. 101. Appropriate congressional committees defined. 

Sec. 102. Restoration of Federal funding for research and development. 

Sec. 103. Excellence in Critical Technologies Program. 

Sec. 104. List of acquisition programs, technologies, manufacturing capabilities, 

and research areas critical to national and economic security. 

Sec. 105. Department of State Office of International Strategic Scientific Innovation. 

Sec. 106. Report on development and utilization of dual-use technologies by the 

Government of China. 

Sec. 107. Report on anticompetitive behavior by the Government of China. 

Sec. 108. Statement of policy on cooperation in peaceful exploration of space 

and strategy to develop collaborative, transparent conduct in 

space. 

Subtitle B—Global Infrastructure Development 

Sec. 111. Appropriate congressional committees defined. 

Sec. 112. Negotiations to establish international quality infrastructure investment standards. 

Sec. 113. Global assessment of infrastructure. 

Sec. 114. Infrastructure transaction and assistance network. 

Sec. 115. Provision of assistance by Committee on Foreign Investment in the 

United States to allies and partners with respect to reviewing 

foreign investment. 

Sec. 116. Strategy for advanced and reliable energy infrastructure. 

Sec. 117. Ensuring greater transparency of financing provided by the People’s 

Republic of China. 

Sec. 118. Authorization of appropriations. 

Subtitle C—Digital 

Sec. 121. Appropriate congressional committees defined. 

Sec. 122. Sense of Congress on digital technology issues. 

Sec. 123. Sense of Congress on countering the Government of China’s efforts 

to export its system of digital authoritarianism and other forms 

of malign influence. 

Sec. 124. 5G Policy Coordinator. 

Sec. 125. Digital Connectivity and Cybersecurity Partnership. 

Sec. 126. Multilateral Telecommunications Security Fund. 

Sec. 127. Report on threats to the United States semiconductor industry. 

Subtitle D—Manufacturing, Research, and Development Competitiveness 

Sec. 130. Definitions. 

PART I—MANUFACTURING, RESEARCH, AND TECHNOLOGY DEVELOPMENT

Sec. 131. Manufacturing USA Program. 

Sec. 132. Investing in research and development of critical technologies. 


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Sec. 133. Funding for quantum computing and consortial quantum research 

and development. 

Sec. 134. National Artificial Intelligence Research and Development Initiative. 

Sec. 135. Rebuild manufacturing regions as new critical technology hubs. 

Sec. 136. Strengthening domestic supply chains. 

Sec. 137. Development of data and policy recommendations for improved domestic supply chain resiliency. 

Sec. 138. Capital investment for domestic production. 

Sec. 139. Improved process for preference for domestic manufacturing of technologies developed at government expense. 

Sec. 140. Comparative analysis of Chinese and United States investments in research and manufacturing in areas critical to the national defense strategy. 

Sec. 141. Technical data rights for technologies developed at government expense that have been transferred overseas for manufacturing 

and production. 

Sec. 142. Requirement to buy certain articles from United States and friendly 

nation sources. 

Sec. 143. Promoting domestic production of technologies developed under defense research and development activities. 

Sec. 144. Comparative analysis of efforts by the People’s Republic of China and 

the United States to recruit and retain researchers. 

Sec. 145. Department of Defense Cooperative Technical Talent Protection Program. 

Sec. 146. Employment of experts by Department of Defense laboratories and 

the Defense Advanced Research Projects Agency. 

Sec. 147. Analysis of defense industrial base and STEM fellowships, scholarships, internships, traineeships, and apprenticeships. 

Sec. 148. New technology development in support of the National Defense 

Strategy. 

Sec. 149. Use of the Defense Production Act to invest in aluminum production 

capacity in the United States. 

Sec. 150. Domestic requirements for aluminum. 

Sec. 151. Quality wage protections for Federal investments. 

Sec. 152. COVID–19 critical medical supply chain transparency. 

PART II—SEMICONDUCTOR MANUFACTURING INCENTIVES

Sec. 153. Semiconductor incentive grants. 

Sec. 154. Department of Defense investment in the microelectronics industry. 

Sec. 155. Department of Commerce study on status of microelectronics technologies in the United States industrial base. 

Sec. 156. Multilateral microelectronics security fund. 

Sec. 157. Advanced semiconductor research and design. 

Sec. 158. Prohibition on access to assistance by foreign adversaries. 

Subtitle E—Education and Countering Influence Campaigns 

Sec. 161. Findings on Chinese information warfare and malign influence operations. 

Sec. 162. Sense of Congress on support for higher education. 

Sec. 163. Establish limitations regarding Confucius Institutes. 

Sec. 164. Disclosures of foreign gifts to United States institutions of higher 

education. 

Sec. 165. Encourage the development of a non-governmental code of conduct 

for countering malign influence at colleges and universities. 


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Sec. 166. Authorization of appropriations for science, technology, engineering, 

and mathematics education and training. 

Sec. 167. Authorization of appropriations for the Fulbright-Hays Program. 

Sec. 168. Authorization of appropriations for international and foreign language education programs. 

Sec. 169. Support for science and engineering research infrastructure. 

Sec. 170. Building the innovation and manufacturing workforce of the United 

States. 

Sec. 171. Apprenticeship opportunities. 

Sec. 172. Community college and industry partnership grants. 

Sec. 173. Sense of Congress that institutions of higher education, Federal and 

State governments, and businesses should address the underrepresentation of students of color and women in STEM fields. 

Sec. 174. Prohibition on certain Federal employees accepting trademarks from 

the Government of China. 

Sec. 175. Report on the Government of China’s efforts to influence and intimidate Chinese diaspora communities. 

Sec. 176. Creation of a civil society fund to research and document Chinese 

government operations. 

Sec. 177. Supporting local media. 

TITLE II—INVESTING IN ALLIANCES AND PARTNERSHIPS 

Subtitle A—Strategic and Diplomatic Matters 

Sec. 201. Appropriate congressional committees defined. 

Sec. 202. United States commitment and support for allies and partners in the 

Indo-Pacific. 

Sec. 203. Reviving United States leadership in international organizations and 

regional institutions. 

Sec. 204. Mandate to use sanctions authorities with respect to the People’s Republic of China. 

Sec. 205. Negotiations with G7 countries on the People’s Republic of China. 

Sec. 206. Enhancing the United States-Taiwan partnership. 

Sec. 207. Global public health risk reduction program. 

Sec. 208. Enhancement of diplomatic and economic engagement with Pacific island countries. 

Sec. 209. Reporting on the Belt and Road Initiative after onset of the COVID– 

19 pandemic. 

Sec. 210. United States international development and investment agenda. 

Sec. 211. Report on Department of State personnel and resources devoted to 

the Indo-Pacific. 

Sec. 212. United States-China climate cooperation. 

Sec. 213. Enhancing United States leadership and competitiveness in advancing 

global clean energy development. 

Sec. 214. Authorizing appropriations for United States contributions to the 

Green Climate Fund. 

Sec. 215. Energy diplomacy and security within the Department of State. 

Sec. 216. Sense of Congress on the Kigali Amendment to the Montreal Protocol. 

Subtitle B—International Security Matters 

Sec. 221. Definitions. 

Sec. 222. Statement of policy. 

Sec. 223. Additional funding for the security of the Indo-Pacific region. 


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Sec. 224. Prohibition on use of funds to withdraw the United States Armed 

Forces from Japan and the Republic of Korea. 

Sec. 225. Additional funding for foreign military financing in the Indo-Pacific. 

Sec. 226. Additional funding for international military education and training 

in the Indo-Pacific. 

Sec. 227. Prioritizing excess defense article transfers for the Indo-Pacific. 

Sec. 228. Prioritizing excess naval vessel transfers for the Indo-Pacific. 

Sec. 229. Sense of Congress on arms exports and human rights. 

Sec. 230. Enhancing the United States-Taiwan defense relationship. 

Sec. 231. Report on United States efforts to engage the People’s Republic of 

China on nuclear issues and ballistic missile issues. 

Sec. 232. Statement of policy on maritime freedom of operations in international waterways and airspace of the Indo-Pacific and on artificial land features in the South China Sea. 

Sec. 233. Statement of policy on becoming a state party to the United Nations 

Convention on the Law of the Sea. 

Sec. 234. Report on roles, missions, and capabilities of Indo-Pacific partners. 

Sec. 235. Indo-Pacific maritime security initiative. 

Sec. 236. Reporting on countries purchasing arms from the People’s Republic 

of China. 

Subtitle C—Regional Strategies To Counter the People’s Republic of China 

Sec. 240. Appropriate congressional committees defined. 

PART I—WESTERN HEMISPHERE

Sec. 241. Sense of Congress regarding United States-Canada relations. 

Sec. 242. Sense of Congress regarding the Government of China’s arbitrary imprisonment of Canadian citizens. 

Sec. 243. Strategy to enhance cooperation with Canada. 

Sec. 244. Enhancing cooperation between the United States and Canada on 

technology issues with respect to the People’s Republic of 

China. 

Sec. 245. Enhancing United States-Canada-NATO cooperation on defense 

issues with respect to the People’s Republic of China. 

Sec. 246. Strategy to strengthen economic competitiveness, governance, human 

rights, and the rule of law in Latin America and the Caribbean. 

Sec. 247. Engagement in regional and international organizations in Latin 

America and the Caribbean. 

Sec. 248. Response to the Belt and Road Initiative in Latin America and the 

Caribbean. 

Sec. 249. Technological cooperation with Latin American and Caribbean governments. 

Sec. 249A. Defense cooperation in Latin America and the Caribbean. 

Sec. 249B. Engagement with civil society in Latin America and the Caribbean 

regarding accountability, human rights, and the risks of pervasive surveillance technologies. 

PART II—TRANSATLANTIC ALLIANCE

Sec. 251. Sense of Congress on the transatlantic alliance. 

Sec. 252. Strategy requirement. 


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Sec. 253. Enhancing United States-European Union cooperation on postCOVID–19 economic relations with the People’s Republic of 

China. 

Sec. 254. Response to the People’s Republic of China’s Belt and Road Initiative. 

Sec. 255. Enhancing United States-European Union cooperation on technology 

issues with respect to the People’s Republic of China. 

Sec. 256. Enhancing United States-European Union-NATO cooperation on defense issues with respect to the People’s Republic of China. 

Sec. 257. Engaging with civil society and enhancing United States-European 

Union cooperation on democracy and human rights with respect to the People’s Republic of China. 

PART III—SOUTH AND CENTRAL ASIA

Sec. 260. Strategy to enhance cooperation with South and Central Asia. 

PART IV—ASSOCIATION OF SOUTHEAST ASIAN NATIONS

Sec. 261. Sense of Congress on cooperation with ASEAN. 

Sec. 262. ASEAN strategy requirement. 

Sec. 263. Enhancing United States-ASEAN cooperation on economic relations 

with the People’s Republic of China. 

Sec. 264. Enhancing United States-ASEAN cooperation on democracy and 

human rights with respect to the People’s Republic of China. 

Sec. 265. Sense of Congress on enhancing United States-ASEAN cooperation 

on technology issues with respect to the People’s Republic of 

China. 

PART V—AFRICA

Sec. 271. Assessment of political, economic, and security activity of the People’s 

Republic of China in Africa. 

Sec. 272. Increasing the competitiveness of the United States in Africa. 

Sec. 273. Digital security cooperation with respect to Africa. 

Sec. 274. Increasing personnel in United States embassies in sub-Saharan Africa focused on the People’s Republic of China. 

Sec. 275. Support for civil society in Africa. 

PART VI—MIDDLE EAST AND NORTH AFRICA

Sec. 277. Strategy to counter Chinese influence in, and access to, the Middle 

East and North Africa. 

Sec. 278. Report on Chinese energy, infrastructure, and economic development 

in the Middle East and North Africa. 

Sec. 279. Middle East Partnership Initiative. 

PART VII—ARCTIC REGION

Sec. 281. Arctic Region defined. 

Sec. 282. Sense of Congress on Arctic security. 

Sec. 283. Arctic Security Strategy. 

Subtitle D—Intelligence Matters 

Sec. 291. Definitions. 

Sec. 292. Independent review of counterintelligence apparatus and structure of 

Federal Government. 


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Sec. 293. Review organizational culture of intelligence community with respect 

to diversity, inclusion, and equity practices. 

TITLE III—INVESTING IN OUR VALUES 

Sec. 301. Appropriate congressional committees defined. 

Sec. 302. Tibet policy and support. 

Sec. 303. Authorization of appropriations for promotion of democracy in Hong 

Kong. 

Sec. 304. Hong Kong special immigrant visa access and civil society support. 

Sec. 305. Uyghur special immigrant visa access and civil society support for 

groups in the Xinjiang Uyghur autonomous region. 

Sec. 306. Imposition of sanctions relating to forced labor. 

Sec. 307. Investigations of allegations of goods produced with forced labor. 

Sec. 308. Restrictions on export, reexport, and in-country transfers of certain 

items that provide a critical capability to the Government of 

China to suppress individual privacy, freedom, and other basic 

human rights. 

Sec. 309. Report on use and applicability of sanctions to Chinese officials 

complicit in human rights violations. 

Sec. 310. Reciprocity for media organizations. 

Sec. 311. Report on corrupt activities of senior officials of Government of 

China. 

Sec. 312. Review to increase awareness of influence operations of the Government of China in the United States and strengthening trust of 

law enforcement in communities. 

Sec. 313. Confronting anti-Asian racism in the United States. 

TITLE IV—INVESTING IN OUR ECONOMIC STATECRAFT 

Sec. 401. Appropriate congressional committees defined. 

Sec. 402. Authorization of additional appropriations. 

Subtitle A—Trade Enforcement 

Sec. 411. Authority to review inbound and outbound investment. 

Sec. 412. Establishment of Special Investigations Unit in Office of the United 

States Trade Representative. 

Sec. 413. Establishment of Inspector General of the Office of the United States 

Trade Representative. 

Sec. 414. Audit of process for seeking exclusions from certain duties. 

Sec. 415. Identification of and accountability with respect to government-coerced censorship. 

Sec. 416. Reports on agreements to resolve disputes under section 301 of the 

Trade Act of 1974. 

Sec. 417. Technical and legal support for addressing intellectual property rights 

infringement cases. 

Sec. 418. Improvement of anti-counterfeiting measures. 

Subtitle B—Financial Services 

Sec. 431. Findings on transparency and disclosure; sense of Congress. 

Sec. 432. Disclosure of private business transactions with foreign persons. 

Sec. 433. Cyber theft disclosure. 

Sec. 434. Cybersecurity expertise disclosure. 

Sec. 435. Independence from influence of the Government of China. 


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Sec. 436. Establishment of interagency task force to address Chinese market 

manipulation in the United States. 

Sec. 437. Holding foreign companies accountable. 

Subtitle C—Economic Security 

Sec. 441. Imposition of sanctions with respect to theft of trade secrets of 

United States persons. 

Sec. 442. Countering foreign corrupt practices. 

Sec. 443. Debt relief for countries eligible for assistance from the International 

Development Association. 

Sec. 444. Collection of information from United States entities concerning requests by the Government of China. 

Sec. 445. Report on manner and extent to which the Government of China exploits Hong Kong to circumvent United States laws and protections. 

Sec. 446. Monitoring overcapacity of industries in the People’s Republic of 

China. 

Sec. 447. Report on currency issues with respect to the People’s Republic of 

China. 

Sec. 448. Report on exposure of the United States to the financial system of 

the People’s Republic of China. 

Sec. 449. Report on the extent to which United States entities across industrial 

sectors source from the People’s Republic of China and use 

Chinese-operated global distribution networks. 

Sec. 450. Report on anticompetitive behavior by the Government of China. 

Sec. 451. Report on investment reciprocity between the United States and the 

People’s Republic of China. 

Sec. 452. Statement of policy to encourage the development of a corporate code 

of conduct for countering malign influence in the private sector. 

Sec. 453. Analysis of foreign laws, policies, and practices that harm competition. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) The United States and the People’s Repub4 lic of China established diplomatic relations on Jan5 uary 1, 1979, and both countries can benefit from 

6 constructive diplomatic ties and regular dialogue. 

7 (2) The strategic competition between the 

8 United States and the People’s Republic of China 

9 will shape the future of the 21st century, and the 

10 United States must accordingly reinvigorate its doVerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629

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1 mestic industries and invest in research and develop2 ment, entrepreneurs, domestic manufacturing, and 

3 the skills, education, and success of a diverse and in4 clusive workforce, while also ensuring that American 

5 soft and hard power remain unparalleled on the 

6 world stage. 

7 (3) United States policy towards the People’s 

8 Republic of China is part of a broader approach to 

9 the Indo-Pacific and the world which aspires to work 

10 with our allies and partners to advance shared val11 ues and interests by preserving and enhancing a 

12 free, open, democratic inclusive, rules-based, stable, 

13 and diverse region. 

14 (4) The United States does not seek to deter15 mine a particular state for the People’s Republic of 

16 China or contain the People’s Republic of China’s le17 gitimate development or the legitimate aspirations of 

18 the Chinese people; nor do we wish to disengage 

19 from the People’s Republic of China or its people. 

20 (5) The Government of China has made and 

21 continues to make decisions that fundamentally chal22 lenge United States national interests, regional 

23 peace and stability, and international security, in24 cluding on vital strategic, economic, and diplomatic 

25 matters, human rights, and the rule of law. 


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1 (6) The malign activities of the Government of 

2 China related to predatory trade practices, economic 

3 espionage, regional aggression, and disrespect for 

4 human rights, democratic norms, and international 

5 law inhibits diplomatic, economic, and security rela6 tions with the United States. 

7 (7) United States-China trade and economic re8 lations have expanded significantly over the past 

9 three decades. Yet the People’s Republic of China’s 

10 commitments on trade issues, including technology 

11 transfers, intellectual property rights, and subsidies 

12 of domestic industries, have fallen short, requiring a 

13 rebalancing of trade and economic ties, the enforce14 ment of existing rules and agreements, and the pur15 suit of future trade agreements that include rigorous 

16 verification and enforcement mechanisms. 

17 (8) In recent years, United States-China mili18 tary exchanges, with a goal of achieving greater 

19 transparency, mutual understanding, and confidence, 

20 have included high-level visits and recurrent ex21 changes between civilian and military officials. The 

22 United States remains committed to military-mili23 tary engagement that would help to prevent mis24 calculation and miscommunication. 


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1 (9) The authoritarianism of the Government of 

2 China has deepened under General Secretary Xi 

3 Jinping, including a decision to remove presidential 

4 term limits and new and repressive policies in Hong 

5 Kong, Xinjiang, and Tibet, a new governance model 

6 embracing ‘‘digital authoritarianism,’’ and steps to 

7 severely repress and crush China’s civil society. 

8 (10) The United States and the People’s Re9 public of China are both permanent members of the 

10 United Nations Security Council and have opportu11 nities to cooperate where shared interests align on 

12 areas of mutual concern, including mitigating the ef13 fects of climate change, building a strong global 

14 economy, and ensuring regional peace and security. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) APPRENTICESHIP.—The term ‘‘apprentice18 ship’’ means an apprenticeship program that is reg19 istered by the Office of Apprenticeship or a State 

20 apprenticeship agency under the Act of August 16, 

21 1937 (commonly known as the ‘‘National Appren22 ticeship Act’’) (50 State. 664, chapter 663; 29 

23 U.S.C. 50 et seq.), including, as in effect on Decem24 ber 30, 2019, any requirement, standard, or rule 

25 promulgated under that Act. 


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1 (2) CRITICAL TECHNOLOGY; CRITICAL TECH2 NOLOGY AREAS.—The terms ‘‘critical technology’’ 

3 and ‘‘critical technology area’’ have the meaning 

4 given the term ‘‘critical technology’’ in section 

5 103(a). 

6 SEC. 4. STATEMENT OF POLICY ON INDO-PACIFIC AND 

7 CHINA STRATEGY. 

8 It shall be the policy of the United States: 

9 (1) To preserve and enhance a free, open, inclu10 sive, stable, and diversified Indo-Pacific in which 

11 countries pursue their objectives peacefully and in 

12 accordance with international law and shared norms 

13 and principles, including— 

14 (A) the peaceful resolution of disputes; 

15 (B) an open economic order that promotes 

16 strong, sustainable, balanced, and equitable 

17 growth through a level, competitive playing 

18 field; and 

19 (C) a diplomatic and political order that 

20 promotes peace and human dignity, based on 

21 the rule of law and respect for human rights. 

22 (2) To strengthen cooperation among our part23 ners in the region, leveraging their significant and 

24 growing capabilities to build a network of like-mind25 ed states that sustains and strengthens a rules-based 


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1 regional order and addresses regional and global 

2 challenges. 

3 (3) To recognize and respond to the differences 

4 between the United States and the People’s Republic 

5 of China and the geopolitical, strategic, economic, 

6 technological, and normative challenge that the Gov7 ernment of China, under President Xi Jinping’s 

8 leadership, poses to the United States and to the 

9 global community, as well as to the opportunities 

10 that exist to engage cooperatively with a China that 

11 is peaceful, stable, prosperous, and a responsible 

12 player in international affairs, with economic policies 

13 consistent with a rules-based level playing field and 

14 its international obligations. 

15 SEC. 5. RULES OF CONSTRUCTION. 

16 (a) RESTRICTION ON FUNDING FOR APPRENTICE17 SHIP PROGRAMS.—Funds made available under this Act 

18 to support apprenticeship programs may only be used to 

19 support apprenticeship programs that meet the definition 

20 of apprenticeship under section 3. 

21 (b) APPLICABILITY OF EXISTING RESTRICTIONS ON

22 ASSISTANCE TO FOREIGN SECURITY FORCES.—Nothing 

23 in this Act shall be construed to diminish, supplant, super24 sede, or otherwise restrict or prevent responsibilities of the 

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1 sistance Act (22 U.S.C. 2378d) or section 362 of title 10, 

2 United States Code. 

3 TITLE I—INVESTING IN 

4 AMERICAN COMPETITIVENESS 

5 Subtitle A—Science and 

6 Technology 

7 SEC. 101. APPROPRIATE CONGRESSIONAL COMMITTEES 

8 DEFINED. 

9 In this subtitle, the term ‘‘appropriate congressional 

10 committees’’ means— 

11 (1) the Committee on Foreign Relations, the 

12 Select Committee on Intelligence, the Committee on 

13 Commerce, Science, and Transportation, the Com14 mittee on Energy and Natural Resources, and the 

15 Committee on Appropriations of the Senate; and 

16 (2) the Committee on Foreign Affairs, the Per17 manent Select Committee on Intelligence, the Com18 mittee on Energy and Commerce, the Committee on 

19 Science, Space, and Technology, and the Committee 

20 on Appropriations of the House of Representatives. 

21 SEC. 102. RESTORATION OF FEDERAL FUNDING FOR RE22 SEARCH AND DEVELOPMENT. 

23 (a) IN GENERAL.—There is authorized to be appro24 priated for Federal funding for research and development 

25 in science and technology— 


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1 (1) for the period of the 4 calendar years begin2 ning after the date of enactment of this Act, 

3 $300,000,000,000, which shall be in addition to any 

4 other Federal funding available for such purposes; 

5 and 

6 (2) for each fiscal year following the end of the 

7 period described in paragraph (1), the amount nec8 essary to provide for increased total funding (includ9 ing any other Federal funding available) for such 

10 purposes at a level that is 3 percent more than the 

11 total funding provided for such purposes for the pre12 ceding fiscal year. 

13 (b) BUDGET REQUIREMENTS.— 

14 (1) OMB IDENTIFICATION.—The Director of the 

15 Office of Management and Budget shall, for each of 

16 the fiscal years 2020 through 2026— 

17 (A) determine the amount of funds that 

18 should be made available to each applicable 

19 Federal agency, including all Federal science 

20 agencies, in order to ensure that the Federal 

21 Government supports research and development 

22 in science and technology for the fiscal year in 

23 the amount described in subsection (a); and 


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1 (B) inform the head of each applicable 

2 Federal agency of the amount determined 

3 under subparagraph (A) for such agency. 

4 (2) BUDGETS.—For each of fiscal years 2020 

5 through 2026— 

6 (A) the head of each Federal science agen7 cy shall prepare and submit a budget estimate 

8 and request to the Director of the Office of 

9 Management and Budget for such fiscal year 

10 that provides for funding for science and tech11 nology at the level determined under paragraph 

12 (1)(A) for the agency; and 

13 (B) the President shall include, in the 

14 budget submitted under section 1105 of title 

15 31, United States Code, for the fiscal year, the 

16 budget estimate and request prepared by the 

17 head of each Federal science agency under sub18 paragraph (A) for such fiscal year. 

19 (3) DEFINITION OF FEDERAL SCIENCE AGEN20 CY.—In this subsection, the term ‘‘Federal science 

21 agency’’ has the meaning given the term in section 

22 103 of the America COMPETES Reauthorization 

23 Act of 2010 (42 U.S.C. 6623). 


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1 SEC. 103. EXCELLENCE IN CRITICAL TECHNOLOGIES PRO2 GRAM. 

3 (a) DEFINITIONS.—In this section: 

4 (1) COUNCIL.—The term ‘‘Council’’ means the 

5 National Science and Technology Council. 

6 (2) CRITICAL TECHNOLOGIES.—The term ‘‘crit7 ical technologies’’ means the technologies included 

8 on the most recent list under subsection (e), includ9 ing any additions or deletions made by the Director 

10 in accordance with subsection (e)(2). 

11 (3) DIRECTOR.—The term ‘‘Director’’ means 

12 the Director of the Office of Science and Technology 

13 Policy. 

14 (4) INSTITUTION OF HIGHER EDUCATION.—The 

15 term ‘‘institution of higher education’’ has the 

16 meaning given the term in section 101(a) of the 

17 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

18 (5) MINORITY-SERVING INSTITUTION.—The 

19 term ‘‘minority-serving institution’’ means an eligi20 ble institution described in section 371(a) of the 

21 Higher Education Act of 1965 (20 U.S.C. 

22 1067q(a)). 

23 (6) NATIONAL LABORATORIES.—The term ‘‘Na24 tional Laboratories’’ has the meaning given that 

25 term in section 2 of the Energy Policy Act of 2005 

26 (42 U.S.C. 15801). 


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1 (7) PROGRAM.—The term ‘‘Program’’ means 

2 the Excellence in Critical Technologies Program es3 tablished under subsection (b). 

4 (8) SOCIALLY AND ECONOMICALLY DISADVAN5 TAGED INDIVIDUAL.—The term ‘‘socially and eco6 nomically disadvantaged individual’’ means any so7 cially and economically disadvantaged individual de8 scribed in the flush text following section 8(d)(3)(C) 

9 of the Small Business Act (15 U.S.C. 637(d)(3)(C)) 

10 and in any relevant subcontracting regulation issued 

11 under such section 8(d). 

12 (b) EXCELLENCE IN CRITICAL TECHNOLOGIES PRO13 GRAM ESTABLISHED.— 

14 (1) IN GENERAL.—The Director, acting 

15 through the Council, shall coordinate interagency ac16 tivities to develop and advance critical technologies 

17 in the United States. 

18 (2) DESIGNATION.—The initiative established 

19 under paragraph (1) shall be known as the ‘‘Excel20 lence in Critical Technologies Program’’. 

21 (c) ACTIVITIES OF PROGRAM.—The activities of the 

22 Program shall include the following: 

23 (1) Establish and coordinate interagency initia24 tives to advance critical technologies through re25 search and development, and to encourage and enVerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629

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1 able the domestic production of such technologies, 

2 that will draw on the private sector, institutions of 

3 higher education (including minority-serving institu4 tions), National Laboratories, Federal laboratories, 

5 and other relevant entities, as appropriate. 

6 (2) Advise Congress on opportunities for great7 er investment in United States entities involved in 

8 the domestic development, deployment, and manu9 facturing of critical technologies. 

10 (3) Collaborate with labor organizations (in11 cluding labor unions), elementary and secondary 

12 schools, institutions of higher education (including 

13 minority-serving institutions), and other educational 

14 institutions and training providers on best practices 

15 for— 

16 (A) developing the United States tech17 nology workforce; 

18 (B) creating and protecting domestic jobs; 

19 and 

20 (C) increasing participation in the tech21 nology workforce by low-income individuals, 

22 women, racial and ethnic minorities, and other 

23 underrepresented populations. 

24 (4) Establish norms for the proper development 

25 of critical technologies that ensure— 


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1 (A) the application of the critical tech2 nologies remains consistent with individual 

3 human rights; and 

4 (B) the critical technologies cannot be 

5 abused by authoritarian states. 

6 (d) AGENCIES.—The program shall be implemented 

7 by the following agencies: 

8 (1) The Department of Commerce, including 

9 the National Institute of Standards and Technology. 

10 (2) The Department of Defense. 

11 (3) The Department of Energy. 

12 (4) The National Aeronautics and Space Ad13 ministration. 

14 (5) The National Institutes of Health. 

15 (6) The National Institute of Standards and 

16 Technology. 

17 (7) The National Science Foundation. 

18 (8) Other relevant agencies designated by the 

19 Director. 

20 (e) LIST OF CRITICAL TECHNOLOGIES; UPDATING

21 PROCESS.— 

22 (1) INITIAL LIST.—The initial list of critical 

23 technologies shall consist of the following: 

24 (A) Artificial intelligence and machine 

25 learning. 


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1 (B) High-performance computing, semi2 conductors, and advanced computer hardware. 

3 (C) Quantum computing and information 

4 systems. 

5 (D) Robotics, automation, and advanced 

6 manufacturing. 

7 (E) Natural or anthropogenic disaster pre8 vention. 

9 (F) Advanced communications technology. 

10 (G) Biotechnology, genomics, and synthetic 

11 biology. 

12 (H) Advanced energy technology. 

13 (I) Cybersecurity, data storage, and data 

14 management technologies. 

15 (J) Metal and material production relevant 

16 to other critical technologies. 

17 (K) Materials science, engineering, and ex18 ploration relevant to other critical technologies. 

19 (2) ADDING OR DELETING CRITICAL TECH20 NOLOGIES.—Beginning on the date that is 4 years 

21 after the date of enactment of this Act, and every 

22 4 years thereafter, the Director— 

23 (A) shall, in consultation with the working 

24 group established under subsection (f), review 


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1 the list of critical technologies developed under 

2 this subsection; and 

3 (B) as part of that review, may add or de4 lete critical technologies if the competitive 

5 threats to the United States have shifted 

6 (whether because the United States or other 

7 nations have advanced or fallen behind in a 

8 technology), subject to paragraph (3). 

9 (3) LIMIT ON CRITICAL TECHNOLOGY CAT10 EGORIES.—Not more than 10 critical technology cat11 egories shall be included on the list of critical tech12 nologies at any time. 

13 (4) UPDATING LIST OF CRITICAL TECH14 NOLOGIES AND DISTRIBUTION.—Upon the comple15 tion of each review under paragraph (2), the Direc16 tor shall make the list of critical technologies readily 

17 available to the public, including by publishing the 

18 list in the Federal Register, even if no changes have 

19 been made to the prior list. 

20 (f) PRIVATE SECTOR WORKING GROUP.— 

21 (1) ESTABLISHMENT.—Not later than 120 days 

22 after the date of enactment of this Act, the Director 

23 shall establish a private sector working group to ad24 vise the Federal Government in the development of 


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1 a strategy to achieve the activities listed in sub2 section (c). 

3 (2) MEMBERSHIP.— 

4 (A) COMPOSITION.—The working group 

5 established under paragraph (1) shall be com6 posed of members selected by the Director from 

7 among the following: 

8 (i) Leading technical experts on crit9 ical technologies. 

10 (ii) Business leaders, including from 

11 startups, small businesses, and businesses 

12 owned by socially and economically dis13 advantaged individuals, formerly incarcer14 ated individuals, women, veterans, and 

15 other underrepresented populations. 

16 (iii) Representatives of labor organiza17 tions (including labor unions). 

18 (iv) Representatives of elementary, 

19 secondary, and higher education, and of 

20 workforce development, including organiza21 tions that specialize in workforce diversity 

22 and inclusion. 

23 (v) Experts on human rights. 

24 (vi) Experts on cybersecurity. 

25 (vii) Experts on safety and health. 


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1 (B) LEADERSHIP.—The Director shall des2 ignate one individual named under subpara3 graph (A) to be the chair of the working group 

4 established under paragraph (1). 

5 (C) ADVICE.—Before making appoint6 ments under this subsection, the Director shall 

7 consult with the National Academy of Sciences 

8 and other relevant groups. 

9 (3) CONVENE.—Not later than 120 days after 

10 the date of enactment of this Act, the working group 

11 established under paragraph (1) shall convene for 

12 the first time. 

13 (4) MEETINGS.—After its first meeting, the 

14 working group established under paragraph (1) shall 

15 convene once every 3 months or when called upon by 

16 the Director. 

17 (5) CONFLICT OF INTEREST.—The Director 

18 shall establish procedures, in accordance with Fed19 eral law, to deal with conflicts of interest. 

20 (g) REPORTING REQUIREMENT.—Each year, at the 

21 time of the President’s annual budget submission to Con22 gress, the Director shall submit a report that describes— 

23 (1) the activities and funding levels of the Pro24 gram, by agency, in the prior and current fiscal 


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1 years, and plans for activities in the upcoming fiscal 

2 year; 

3 (2) the overall strategy to advance critical tech4 nologies through the Program and to encourage and 

5 enable the domestic production of the critical tech6 nologies; 

7 (3) the achievements of the Program in the 

8 prior fiscal year and any elements of the Program 

9 that need to be strengthened; and 

10 (4) how agency activities are being coordinated 

11 to maximize the effectiveness of Federal efforts. 

12 (h) ENDLESS FRONTIER.— 

13 (1) SENSE OF CONGRESS.—It is the sense of 

14 Congress that— 

15 (A) the Director of the National Science 

16 Foundation should establish a Technology Di17 rectorate, consistent with the bill entitled ‘‘A 

18 bill to establish a new Directorate for Tech19 nology in the redesignated National Science and 

20 Technology Foundation, to establish a regional 

21 technology hub program, to require a strategy 

22 and report on economic security, science, re23 search, and innovation, and for other purposes’’ 

24 (S. 3832, 116th Congress, introduced on May 

25 21, 2020) (referred to in this subsection as the 


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1 ‘‘Endless Frontier Act’’), to advance research 

2 and innovation in critical technologies; 

3 (B) the Secretary of Commerce should es4 tablish regional technology hubs, consistent 

5 with the Endless Frontier Act, to promote re6 gional economic development related to critical 

7 technologies; and 

8 (C) the Director of the National Science 

9 Foundation requires an additional 

10 $100,000,000,000 over a period of 5 years, and 

11 the Secretary of Commerce requires an addi12 tional $10,000,000,000 over a period of 5 

13 years, to carry out subparagraphs (A) and (B). 

14 (2) IMPLEMENTATION.— 

15 (A) IN GENERAL.—The Director shall 

16 carry out this section in a manner consistent 

17 with the agency roles in the Endless Frontier 

18 Act. 

19 (B) TRANSITION AFTER ENACTMENT.—Be20 ginning upon the date of enactment of the End21 less Frontier Act, the role of the working group 

22 under subsection (f) shall be carried out by the 

23 Board of Advisors established under the End24 less Frontier Act. 


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1 (i) CONSULTATION.—In carrying out this section, the 

2 Director shall consult with the National Economic Coun3 cil, the National Security Council, and other relevant 

4 White House entities. 

5 SEC. 104. LIST OF ACQUISITION PROGRAMS, TECH6 NOLOGIES, MANUFACTURING CAPABILITIES, 

7 AND RESEARCH AREAS CRITICAL TO NA8 TIONAL AND ECONOMIC SECURITY. 

9 (a) LIST REQUIRED.— 

10 (1) IN GENERAL.—The Director of the Office of 

11 Science and Technology Policy (referred to in this 

12 section as the ‘‘Director’’), in coordination with the 

13 National Security Council, the National Economic 

14 Council, and the relevant agencies described in para15 graph (2), shall establish and maintain a list of ac16 quisition programs, technologies, manufacturing ca17 pabilities, and research areas that are critical for 

18 maintaining the national and economic security tech19 nological advantage of the United States over for20 eign countries of special concern. 

21 (2) RELEVANT AGENCIES.—The agencies de22 scribed in this paragraph are— 

23 (A) the Department of Commerce, includ24 ing the National Institute of Standards and 


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1 Technology and the Bureau of Industry and Se2 curity; 

3 (B) the Department of Defense; 

4 (C) the Department of Energy; 

5 (D) the National Aeronautics and Space 

6 Administration; 

7 (E) the National Institutes of Health; 

8 (F) the National Science Foundation; and 

9 (G) other relevant agencies designated by 

10 the Director. 

11 (b) USE OF LIST.—The Director may use the list es12 tablished and maintained under subsection (a)(1) for the 

13 following purposes: 

14 (1) To guide the recommendations of the Fed15 eral Government in any interagency determinations 

16 conducted pursuant to Federal law relating to tech17 nology protection, including relating to export licens18 ing, deemed exports, technology transfer, and for19 eign direct investment. 

20 (2) To inform Federal Government interagency 

21 processes on promotion and protection activities in22 volving acquisition programs and technologies that 

23 are necessary to achieve and maintain the national 

24 and economic security technology advantage of the 


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1 United States, including those that are supportive of 

2 military requirements and strategies. 

3 (3) To inform the Federal Government’s activi4 ties to integrate acquisition, intelligence, counter5 intelligence and security, and law enforcement to in6 form requirements, acquisition, programmatic, and 

7 strategic courses of action for technology protection. 

8 (4) To identify vulnerabilities in supply chains 

9 in critical technologies and foundational manufac10 turing capabilities that are key to domestic manufac11 turing competitiveness and resiliency, including 

12 forming, casting, machining, joining, surface treat13 ment, and tooling. 

14 (5) To inform development of research invest15 ment strategies and activities and development of in16 novation centers and the critical technology indus17 trial base through the employment of financial as18 sistance from the Federal Government through ap19 propriate statutory authorities and programs. 

20 (6) To identify opportunities for alliances and 

21 partnerships in key research and development areas 

22 to achieve and maintain a national and economic se23 curity technology advantage. 

24 (7) To identify opportunities for the Federal 

25 Government’s acquisition programs to prompt the 


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1 development, deployment, and domestic manufac2 turing of technologies, including creating market de3 mand for new technologies and key manufacturing 

4 processes. 

5 (8) For such other purposes as the Director 

6 considers appropriate. 

7 (c) UPDATES.—Not less frequently than once each 

8 year, the Director shall update the list established and 

9 maintained under subsection (a)(1). 

10 (d) PUBLICATION.— 

11 (1) INITIAL PUBLICATION.—Not later than 180 

12 days after the date of enactment of this Act, the Di13 rector shall publish the list established and main14 tained under subsection (a)(1). 

15 (2) UPDATES.—Not later than one year after 

16 publishing the list under paragraph (1) and not less 

17 frequently than once each year thereafter, the Direc18 tor shall publish the list more recently updated 

19 under subsection (c). 

20 (3) JUSTIFICATIONS.—Each publication under 

21 this subsection shall include a justification for the 

22 inclusion of items on the list, including specific per23 formance and technical figures of merit. 

24 (e) EXCELLENCE IN CRITICAL TECHNOLOGIES PRO25 GRAM.—The Director shall implement this section in conVerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629

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1 junction with the Excellence in Critical Technologies Pro2 gram established by section 103. 

3 SEC. 105. DEPARTMENT OF STATE OFFICE OF INTER4 NATIONAL STRATEGIC SCIENTIFIC INNOVA5 TION. 

6 (a) IN GENERAL.—There shall be established in the 

7 Office of the Secretary of State, the Office of International 

8 Strategic Scientific Innovation (referred to in this section 

9 as the ‘‘Office’’). The head of the Office shall be appointed 

10 by the President, with the advice and consent of the Sen11 ate, shall be referred to as the Ambassador at Large for 

12 International Strategic Scientific Innovation, and shall re13 port directly to the Secretary of State. 

14 (b) DUTIES.—The Office shall— 

15 (1) develop and communicate United States po16 sitions regarding scientific innovation policies and 

17 the exchange of scientific information; 

18 (2) coordinate with allies and partner govern19 ments to ensure that the United States works coop20 eratively with nations in the Group of Seven and the 

21 Organization for Economic Co-operation and Devel22 opment to leverage our combined technical expertise 

23 to lead in scientific innovation in the 21st century; 

24 (3) encourage partner countries— 


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1 (A) to increase their national research and 

2 development budgets; 

3 (B) to target specific critical technology 

4 sectors for such increased budgets; and 

5 (C) to provide research and development 

6 tax incentives for technology firms to form 

7 international collaborative partnerships; 

8 (4) coordinate efforts among relevant Federal 

9 agencies to build and enhance partnerships with 

10 countries to develop digital infrastructure; 

11 (5) lead the efforts of the Department of State, 

12 including through the Under Secretary for Manage13 ment, to increase opportunities to bring specialists 

14 in innovation and critical technologies into the De15 partment of State, including for fellowships and any 

16 other program identified by the Office; 

17 (6) engage with allies and partners with respect 

18 to best practices for investing in entities that pro19 mote a free, stable, open, and secure digital domain; 

20 (7) foster increased engagement between United 

21 States private sector entities working on critical 

22 technologies with private entities or academic insti23 tutions located in like-minded nations; and 

24 (8) coordinate with the United States Inter25 national Development Finance Corporation, the 


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1 United States Agency for International Develop2 ment, the Export-Import Bank of the United States, 

3 and other Federal departments and agencies to en4 courage American startups in artificial intelligence 

5 and data science, genomics and synthetic biology, 

6 quantum information systems, clean energy, and 

7 other frontier technologies to invest in, export to, 

8 and form research and development partnerships 

9 with reputable firms in critical technology eco10 systems. 

11 (c) QUALIFICATIONS.—The Ambassador at Large for 

12 International Strategic Scientific Innovation shall have 

13 demonstrated expertise in— 

14 (1) critical technologies; 

15 (2) scientific innovation and development policy; 

16 (3) international relations and diplomacy; and 

17 (4) the intersection of innovation and workforce 

18 and skills development. 

19 (d) COORDINATION REPORTING REQUIREMENT.— 

20 Not later than 90 days after the date of enactment of this 

21 Act, the Ambassador at Large for International Strategic 

22 Scientific Innovation shall submit a strategy to the Com23 mittee on Foreign Relations of the Senate and the Com24 mittee on Foreign Affairs of the House of Representative 


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1 for creating mechanisms whereby the United States and 

2 like-minded countries can coordinate— 

3 (1) to ensure an open flow of ideas related to 

4 innovation and technology; and 

5 (2) to protect the benefits of promoting innova6 tion. 

7 SEC. 106. REPORT ON DEVELOPMENT AND UTILIZATION OF 

8 DUAL-USE TECHNOLOGIES BY THE GOVERN9 MENT OF CHINA. 

10 Not later than 90 days after the date of enactment 

11 of this Act, the Secretary of State, in coordination with 

12 the Secretary of Defense, Secretary of Commerce, Sec13 retary of Energy, and Secretary of the Treasury, shall 

14 submit a report to the appropriate congressional commit15 tees that— 

16 (1) assesses the Government of China’s develop17 ment and utilization of dual-use technologies (includ18 ing robotics, artificial intelligence and autonomous 

19 systems, facial recognition systems, quantum com20 puting, cryptography, space systems and satellites, 

21 5G telecommunications, and other digitally enabled 

22 technologies and services) and the effects of such 

23 technologies on the United States and allied national 

24 security interests; 


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1 (2) assesses the Government of China’s use of 

2 global supply chains and other international mecha3 nisms to access foreign technology sources to aid in 

4 the development of its domestic dual-use tech5 nologies, including— 

6 (A) the use of United States-sourced soft7 ware and hardware in Chinese manufactured 

8 technologies; 

9 (B) the use of European-sourced software 

10 and hardware in Chinese manufactured tech11 nologies; and 

12 (C) the use of the Belt and Road Initiative 

13 to secure resources, knowledge, and other com14 ponents needed to develop critical dual-use tech15 nologies; 

16 (3) assesses the Government of China’s indus17 trial policy and monetary investments, including 

18 their effect on the development of Chinese-made 

19 dual use technologies; 

20 (4) assesses the Government of China’s 

21 cyberespionage and the extent to which such actions 

22 have aided in China’s development of dual-use tech23 nologies; 

24 (5) describes the policies the United States 

25 Government is adopting to protect the interests of 


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1 the United States with respect to dual-use tech2 nologies; and 

3 (6) recommends additional actions the United 

4 States Government should take to enhance the pro5 tection of the interests described in this section. 

6 SEC. 107. REPORT ON ANTICOMPETITIVE BEHAVIOR BY 

7 THE GOVERNMENT OF CHINA. 

8 (a) IN GENERAL.—Not later than one year after the 

9 date of enactment of this Act, and annually thereafter, 

10 the Secretary of Commerce, in consultation with the 

11 United States Trade Representative, shall submit to the 

12 Committee on Finance and the Committee on Foreign Re13 lations of the Senate and the Committee on Ways and 

14 Means and the Committee on Foreign Affairs of the 

15 House of Representatives a report on anticompetitive be16 havior by the Government of China, including the Govern17 ment of China’s use of the Anti-Monopoly law and subse18 quent treatment of United States companies in the Peo19 ple’s Republic of China with respect to politically moti20 vated investigations, forced transfer of intellectual prop21 erty or proprietary information, illegal market capture, in22 timidation, bribery and extortion, due process, and trans23 parency. 

24 (b) ELEMENTS.—The report required under sub25 section (a) shall include the following elements: 


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1 (1) An analysis of anticompetitive behavior per2 petrated by the Government of China and its state3 owned enterprises in specific industries, including— 

4 (A) pharmaceuticals; 

5 (B) financial services; 

6 (C) telecommunications; 

7 (D) infrastructure; 

8 (E) advance manufacturing; 

9 (F) transportation; and 

10 (G) critical technologies. 

11 (2) An assessment of the extent to which and 

12 how significant bribery, corruption, and extortion 

13 play into their anticompetitive behavior. 

14 (3) A description of the effects of the Govern15 ment of China’s anticompetitive behavior on United 

16 States-owned businesses in the People’s Republic of 

17 China. 

18 (4) A description of the effects of the Govern19 ment of China’s anticompetitive behavior on United 

20 States domestic industries and jobs. 


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1 SEC. 108. STATEMENT OF POLICY ON COOPERATION IN 

2 PEACEFUL EXPLORATION OF SPACE AND 

3 STRATEGY TO DEVELOP COLLABORATIVE, 

4 TRANSPARENT CONDUCT IN SPACE. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that— 

7 (1) the United States should seek areas of co8 operation in the peaceful exploration of space; 

9 (2) the testing and use of anti-satellite tech10 nologies by the Government of China or any other 

11 country— 

12 (A) threatens the peaceful use of space; 

13 (B) creates dangerous space debris that 

14 impedes the space efforts of all countries; and 

15 (C) contributes to a climate of suspicion 

16 and instability with respect to space explo17 ration, rather than a climate of cooperation; 

18 and 

19 (3) it is in the interests of all countries to es20 tablish and adhere to norms and treaties enshrining 

21 principles of free, peaceful, and collaborative conduct 

22 in space. 

23 (b) STATEMENT OF POLICY.—It is the policy of the 

24 United States to seek cooperation in the peaceful explo25 ration of space with any country, including the People’s 

26 Republic of China, so long as such cooperation does not— 


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1 (1) impinge on critical domestic technologies; 

2 (2) pose a risk to the security of the United 

3 States; 

4 (3) further debris-producing anti-satellite weap5 ons testing; and 

6 (4) threaten human rights protections. 

7 (c) STRATEGY AND ASSESSMENT.—Not later than 

8 180 days after the date of enactment of this Act, the 

9 President, acting through the National Space Council, 

10 shall submit to Congress— 

11 (1) a strategy for pursuing bilateral and multi12 lateral efforts to develop norms, treaties, and agree13 ments governing responsible, collaborative, and 

14 transparent conduct in space, including— 

15 (A) remote proximity operations between 

16 satellites or crewed vehicles; 

17 (B) reinforcing and building upon existing 

18 agreements limiting the stationing of weapons 

19 in outer space or on a celestial body; 

20 (C) greater interoperability between space 

21 systems, as appropriate, including in further22 ance of the United Nations ‘‘Agreement on the 

23 Rescue of Astronauts, the Return of Astronauts 

24 and the Return of Objects Launched into Outer 


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1 Space’’, entered into force on December 3, 

2 1968; 

3 (D) the protection of heritage or historical 

4 sites and artifacts; 

5 (E) the registration and mitigation of 

6 space debris and development of responsible 

7 procedures for disposal of satellites and other 

8 objects; 

9 (F) clarifying and enhancing responsibility 

10 for oversight and governance of commercial or 

11 private space activities; 

12 (G) the promotion of transparency between 

13 countries with respect to space operations and 

14 intentions; 

15 (H) the sharing of scientific data and re16 search; and 

17 (I) reinforcing and expanding adoption of 

18 current international treaties and agreements 

19 governing conduct in space; 

20 (2) a strategy for maintaining and enhancing 

21 efforts to return humans to the Moon and success22 fully carry out a crewed mission to Mars; and 

23 (3) an assessment of the sufficiency of current 

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1 try, including recommendations to achieve the same 

2 and a description of any provision of law that unnec3 essarily impedes appropriate collaboration with for4 eign countries on space programs. 

5 Subtitle B—Global Infrastructure 

6 Development 

7 SEC. 111. APPROPRIATE CONGRESSIONAL COMMITTEES 

8 DEFINED. 

9 In this subtitle, the term ‘‘appropriate congressional 

10 committees’’ means— 

11 (1) the Committee on Foreign Relations, the 

12 Select Committee on Intelligence, the Committee on 

13 Banking, Housing, and Urban Affairs, the Com14 mittee on Finance, the Committee on Energy and 

15 Natural Resources, and the Committee on Appro16 priations of the Senate; and 

17 (2) the Committee on Foreign Affairs, the Per18 manent Select Committee on Intelligence, the Com19 mittee on Financial Services, the Committee on 

20 Ways and Means, and the Committee on Appropria21 tions of the House of Representatives. 


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1 SEC. 112. NEGOTIATIONS TO ESTABLISH INTERNATIONAL 

2 QUALITY INFRASTRUCTURE INVESTMENT 

3 STANDARDS. 

4 (a) IN GENERAL.—The President, acting through the 

5 Secretary of State and in coordination with the heads of 

6 other relevant Federal agencies, shall build upon efforts 

7 of the G20 and initiate a multi-stakeholder initiative that 

8 brings together governments, the private sector, and civil 

9 society to encourage the adoption of trusted standards for 

10 quality global infrastructure development in an open and 

11 inclusive framework, including with respect to the fol12 lowing issues: 

13 (1) Respect for the sovereignty of countries in 

14 which infrastructure investments are made. 

15 (2) Anti-corruption. 

16 (3) Rule of law. 

17 (4) Human rights and labor rights. 

18 (5) Fiscal and debt sustainability. 

19 (6) Social and governance safeguards. 

20 (7) Transparency. 

21 (8) Environmental and energy standards, in22 cluding support for high-quality carbon-neutral en23 ergy infrastructure promoting new and renewable 

24 technologies, including wind and solar and commit25 ments to reduce particulate pollution and greenhouse 

26 gas emissions. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that the United States should immediately launch 

3 a series of fora around the world showcasing the commit4 ment of the United States and partners of the United 

5 States to high-quality development cooperation, including 

6 with respect to the issues as described in subsection (a). 

7 (c) REPORT ON PROGRESS OF NEGOTIATIONS.—Not 

8 later than one year after the date of the enactment of this 

9 Act, the President shall submit to the Committee on For10 eign Relations of the Senate and the Committee on For11 eign Affairs of the House of Representatives a briefing 

12 on the progress of any negotiations conducted under sub13 section (a). 

14 SEC. 113. GLOBAL ASSESSMENT OF INFRASTRUCTURE. 

15 (a) IN GENERAL.—Not later than one year after the 

16 date of the enactment of this Act, the Secretary of State, 

17 in coordination with the Administrator of the United 

18 States Agency for International Development, the Sec19 retary of Commerce, the Board of Directors of the United 

20 States International Development Finance Corporation, 

21 and, as appropriate, the Director of National Intelligence, 

22 shall submit to the appropriate congressional committees 

23 a report that— 

24 (1) assesses infrastructure around the world; 


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1 (2) describes interests of the United States re2 lating to infrastructure, disaggregated by regional 

3 and functional priorities; and 

4 (3) identifies— 

5 (A) pending or future projects that would 

6 be considered vital to those interests; and 

7 (B) pending or future projects that pose 

8 little or no threat to those interests. 

9 (b) FORM OF REPORT.—The report required by sub10 section (a) shall be submitted in unclassified form but may 

11 include a classified annex. 

12 (c) USE OF INFORMATION BY UNITED STATES

13 INTERNATIONAL DEVELOPMENT FINANCE CORPORA14 TION.—The Board of Directors of the United States Inter15 national Development Finance Corporation shall use the 

16 assessment conducted under subsection (a) to inform deci17 sions relating to the appropriate allocation of funds avail18 able to the Corporation, consistent with the authorities of 

19 the Corporation under the Better Utilization of Invest20 ments Leading to Development Act of 2018 (22 U.S.C. 

21 9601 et seq.). 

22 SEC. 114. INFRASTRUCTURE TRANSACTION AND ASSIST23 ANCE NETWORK. 

24 The Secretary of State shall establish a program, to 

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1 ance Network’’, under which the Secretary, in coordina2 tion with the Global Infrastructure Coordinating Com3 mittee, shall advance the development of quality infra4 structure, as described in section 113, around the world 

5 by— 

6 (1) strengthening capacity-building programs to 

7 improve project evaluation processes, regulatory and 

8 procurement environments, and project preparation 

9 capacity of countries that are partners of the United 

10 States in such development; 

11 (2) providing transaction advisory services to 

12 support sustainable infrastructure; and 

13 (3) coordinating the provision of United States 

14 assistance for the development of infrastructure and 

15 catalyzing investment led by the private sector. 

16 SEC. 115. PROVISION OF ASSISTANCE BY COMMITTEE ON 

17 FOREIGN INVESTMENT IN THE UNITED 

18 STATES TO ALLIES AND PARTNERS WITH RE19 SPECT TO REVIEWING FOREIGN INVEST20 MENT. 

21 Section 721(c)(3) of the Defense Production Act of 

22 1950 (50 U.S.C. 4565(c)(3)) is amended— 

23 (1) by striking subparagraph (A) and inserting 

24 the following: 


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1 ‘‘(A) IN GENERAL.—The chairperson, in 

2 the discretion of the chairperson and in con3 sultation with other members of the Committee, 

4 shall, to protect the national security of the 

5 United States and countries that are allies or 

6 partners of the United States, establish a for7 mal process for— 

8 ‘‘(i) the exchange of information 

9 under paragraph (2)(C) with the govern10 ments of such countries; and 

11 ‘‘(ii) the provision of assistance to 

12 those countries with respect to— 

13 ‘‘(I) reviewing foreign investment 

14 transactions in such countries; 

15 ‘‘(II) determining the beneficial 

16 ownership of parties to such trans17 actions; and 

18 ‘‘(III) identifying trends in in19 vestment and technology that could 

20 pose risks to the national security of 

21 the United States and such coun22 tries.’’; and 

23 (2) in subparagraph (B)— 

24 (A) in clause (ii), by striking ‘‘; and’’ and 

25 inserting a semicolon; 


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1 (B) by redesignating clause (iii) as clause 

2 (iv); and 

3 (C) by inserting after clause (ii) the fol4 lowing: 

5 ‘‘(iii) provide for the provision of as6 sistance to support such countries to re7 view foreign investment transactions in 

8 such countries and determine the beneficial 

9 ownership of the parties to such trans10 actions; and’’. 

11 SEC. 116. STRATEGY FOR ADVANCED AND RELIABLE EN12 ERGY INFRASTRUCTURE. 

13 (a) STRATEGY FOR DEVELOPING COUNTRIES.—The 

14 President shall direct a whole-of-government effort, 

15 through the National Security Council, to establish a com16 prehensive, integrated, multiyear strategy, in consultation 

17 with the United States private sector— 

18 (1) to strengthen energy security; 

19 (2) to increase clean energy and trade; 

20 (3) to reduce greenhouse gas emissions and 

21 congestion from transportation sectors; and 

22 (4) to expand energy access in developing coun23 tries that are critical to United States interests 

24 around the world. 


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1 (b) STRATEGY TO INCREASE UNITED STATES CLEAN

2 ENERGY EXPORTS.—Not later than 180 days after the 

3 date of the enactment of this Act, and annually thereafter 

4 for the next 5 years, the Secretary of State, in consulta5 tion with the Secretary of Energy, shall establish a United 

6 States Government strategy to increase United States ex7 ports of clean energy technology to assist foreign countries 

8 in— 

9 (1) strengthening their energy security; 

10 (2) creating open, efficient, rule-based, and 

11 transparent energy markets; 

12 (3) improving free, fair, and reciprocal energy 

13 trading relationships; and 

14 (4) expanding access to affordable, reliable, 

15 clean energy and low carbon transportation. 

16 (c) ADVANCED AND RELIABLE ENERGY PARTNER17 SHIPS.—It is the sense of Congress that— 

18 (1) the United States should establish bilateral, 

19 multilateral, and regional initiatives to increase en20 ergy security in Latin America, Africa, the Middle 

21 East, North Africa, and the Indo-Pacific region; 

22 (2) the United States should explore opportuni23 ties to partner with the private sector and multilat24 eral institutions, such as the World Bank, to pro25 mote universal access to reliable clean energy and 


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1 less carbon intensive transportation in developing 

2 countries; 

3 (3) the United States should establish a part4 nership between the Department of Energy national 

5 laboratories and the governments of appropriate 

6 countries to provide technical assistance with respect 

7 to electrical grid development and the development 

8 and deployment of new and advanced clean energy 

9 technologies including low- and zero-emission vehi10 cles; and 

11 (4) the United States should seek to encourage 

12 and support the export of United States-based ef13 forts for the development and deployment of new 

14 and advanced clean energy technology, including 

15 low- and zero-emissions vehicles, as a central ele16 ment of the development strategy of the United 

17 States. 

18 SEC. 117. ENSURING GREATER TRANSPARENCY OF FINANC19 ING PROVIDED BY THE PEOPLE’S REPUBLIC 

20 OF CHINA. 

21 (a) UNITED STATES POLICY AT INTERNATIONAL FI22 NANCIAL INSTITUTIONS.—The Secretary of the Treasury 

23 shall instruct the United States Executive Director of each 

24 international financial institution (as defined in section 

25 1701(c)(2) of the International Financial Institutions Act 


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1 (22 U.S.C. 262r(c)(2)) that it is the policy of the United 

2 States to use the voice and vote of the United States at 

3 that institution to seek to secure greater transparency 

4 with respect to the terms and conditions of financing pro5 vided by the Government of China to any country that 

6 is a member of the institution and receives financing from 

7 the institution, consistent with the rules and principles of 

8 the Paris Club. 

9 (b) REPORT REQUIRED.—The Chairman of the Na10 tional Advisory Council on International Monetary and Fi11 nancial Policies shall include in the annual report required 

12 by section 1701 of the International Financial Institutions 

13 Act (22 U.S.C. 262r)— 

14 (1) a description of progress made toward ad15 vancing the policy described in subsection (a); and 

16 (2) a discussion of financing provided by enti17 ties owned or controlled by the Government of China 

18 to countries described in subsection (a), including 

19 any efforts or recommendations by the Chairman to 

20 seek greater transparency with respect to such fi21 nancing. 

22 (c) TERMINATION.—The requirements of subsections 

23 (a) and (b) shall terminate on the earlier of— 

24 (1) the date that is 7 years after the date of the 

25 enactment of this Act; or 


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1 (2) the date that is 30 days after the date on 

2 which the Secretary submits to the Committee on 

3 Financial Services of the House of Representatives 

4 and the Committee on Foreign Relations of the Sen5 ate a report stating that the Government of China 

6 is in substantial compliance with the rules and prin7 ciples of the Paris Club. 

8 SEC. 118. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) IN GENERAL.—There are authorized to be appro10 priated such sums as may be necessary— 

11 (1) to carry out the activities required under 

12 this subtitle; and 

13 (2) to co-finance infrastructure projects that 

14 could otherwise be included in the Belt and Road 

15 Initiative of the Government of China, if— 

16 (A) the United States can leverage existing 

17 and future projects that have entered into con18 tracts with the Belt and Road Initiative to fur19 ther promote transparency and debt sustain20 ability; and 

21 (B) the projects promote the public good. 

22 (b) LEVERAGING OF PRIVATE SECTOR FINANCING.— 

23 The United States shall work with countries that are allies 

24 and partners of the United States to leverage financing 


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1 from the private sector for projects described in subsection 

2 (a)(2). 

3 Subtitle C—Digital 

4 SEC. 121. APPROPRIATE CONGRESSIONAL COMMITTEES 

5 DEFINED. 

6 In this subtitle, the term ‘‘appropriate congressional 

7 committees’’ means— 

8 (1) the Committee on Foreign Relations, the 

9 Select Committee on Intelligence, the Committee on 

10 Banking, Housing, and Urban Affairs, the Com11 mittee on Finance, and the Committee on Appro12 priations of the Senate; and 

13 (2) the Committee on Foreign Affairs, the Per14 manent Select Committee on Intelligence, the Com15 mittee on Financial Services, the Committee on 

16 Ways and Means, and the Committee on Appropria17 tions of the House of Representatives. 

18 SEC. 122. SENSE OF CONGRESS ON DIGITAL TECHNOLOGY 

19 ISSUES. 

20 (a) STATEMENT OF POLICY ON LEADERSHIP IN

21 INTERNATIONAL STANDARDS SETTING.—It is the sense of 

22 Congress that the United States must reassert its leader23 ship in the international standard-setting bodies that set 

24 the governance norms and rules for critical and digitally 

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1 nologies operate within a free, secure, interoperable, and 

2 stable digital domain. 

3 (b) NEGOTIATIONS FOR DIGITAL TRADE AGREE4 MENT.—It is the sense of Congress that the United States 

5 Trade Representative should negotiate bilateral and multi6 lateral agreements relating to digital goods with the Euro7 pean Union, Japan, Taiwan, and the member countries 

8 of the Five Eyes intelligence-sharing alliance. 

9 (c) FREEDOM OF INFORMATION IN THE DIGITAL

10 AGE.—It is the sense of Congress that the United States 

11 should lead a global effort to ensure that freedom of infor12 mation, including the ability to safely consume or publish 

13 information without fear of undue reprisals, is maintained 

14 as the digital domain becomes an increasingly integral 

15 mechanism for communication. 

16 (d) EFFORTS TO ENSURE TECHNOLOGICAL DEVEL17 OPMENT DOES NOT THREATEN DEMOCRATIC GOVERN18 ANCE OR HUMAN RIGHTS.—It is the sense of Congress 

19 that the United States should convene a global effort to 

20 develop and adopt a set of common principles and stand21 ards for critical technologies to ensure that the develop22 ment of new technologies cannot be abused by malign ac23 tors, whether they are governments or other entities, and 

24 does not threaten democratic governance or human rights. 


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1 (e) FORMATION OF TECHNOLOGY TRADE ALLI2 ANCE.—It is the sense of Congress that the United States 

3 should examine opportunities for diplomatic negotiations 

4 regarding the formation of mutually beneficial alliances re5 lating to digitally enabled technologies and services. 

6 SEC. 123. SENSE OF CONGRESS ON COUNTERING THE GOV7 ERNMENT OF CHINA’S EFFORTS TO EXPORT 

8 ITS SYSTEM OF DIGITAL AUTHORITARIANISM 

9 AND OTHER FORMS OF MALIGN INFLUENCE. 

10 It is the sense of Congress that the United States, 

11 along with allies and partners, should lead an inter12 national effort that utilizes all of the economic and diplo13 matic tools at its disposal to combat the expanding use 

14 of information and communications technology products 

15 and services to surveil, repress, and manipulate popu16 lations (also known as ‘‘digital authoritarianism’’). 

17 SEC. 124. 5G POLICY COORDINATOR. 

18 (a) ESTABLISHMENT.—There is established within 

19 the Executive Office of the President the position of 5G 

20 Policy Coordinator. 

21 (b) PURPOSE.—The 5G Policy Coordinator shall 

22 oversee the coordination of United States Government ef23 forts to ensure the development of a safe, secure, open, 

24 stable, and interoperable 5G environment globally. 


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1 (c) QUALIFICATIONS.—An individual appointed as 

2 5G Policy Coordinator shall have demonstrated com3 petency in the following fields: 

4 (1) Telecommunications and other relevant 

5 technological fields. 

6 (2) Cybersecurity. 

7 (3) International diplomacy. 

8 (d) DUTIES.—The duties of the 5G Policy Coordi9 nator shall include developing and leading, in coordination 

10 with the Secretary of State and the Secretary of Com11 merce, a strategy for engagement with like-minded allies 

12 and partners on— 

13 (1) securing a 5G environment that is free, sta14 ble, open, secure, and interoperable; 

15 (2) opportunities for mutually beneficial en16 gagement on 5G issues; 

17 (3) efforts at countering the spread of the use 

18 of information and communications technology prod19 ucts and services to surveil, repress, and manipulate 

20 populations (also known as ‘‘digital authoritarian21 ism’’); and 

22 (4) promoting governance norms within inter23 national standard-setting bodies that align with val24 ues of the United States and like-minded allies and 

25 partners for a free and open internet. 


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1 (e) PLACEMENT AND REPORTING.—The 5G Policy 

2 Coordinator shall report directly to the National Security 

3 Advisor to the President of the United States. 

4 (f) RULE OF CONSTRUCTION.—Nothing in this sec5 tion shall be construed to affect the authority or jurisdic6 tion of the Federal Communications Commission or confer 

7 upon the President, the 5G Policy Coordinator, or any 

8 other executive branch agency the power to direct the ac9 tions of the Commission, whether directly or indirectly. 

10 SEC. 125. DIGITAL CONNECTIVITY AND CYBERSECURITY 

11 PARTNERSHIP. 

12 (a) DIGITAL CONNECTIVITY AND CYBERSECURITY

13 PARTNERSHIP.—Not later than 180 days after the date 

14 of the enactment of this Act, the Secretary of State shall, 

15 in coordination with the Secretary of the Treasury, the 

16 Secretary of Commerce, and the Secretary of Energy, sub17 mit to Congress a whole-of-government strategy (to be 

18 known as the ‘‘Digital Connectivity and Cybersecurity 

19 Partnership’’) and implementation plan to leverage United 

20 States expertise to help governments of foreign coun21 tries— 

22 (1) develop and secure digital infrastructure in 

23 those countries; 

24 (2) protect technological assets, including data; 

25 and 


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1 (3) advance cybersecurity and interoperability 

2 to protect against cybercrime and cyberespionage. 

3 (b) CHALLENGES.—The strategy required by sub4 section (a) shall address— 

5 (1) developing interoperable frameworks that 

6 allow for the free flow of data and information, with7 out unnecessarily restrictive requirements for data 

8 localization and cross-border data flow, and that re9 spect individual liberties, privacy, and human rights; 

10 (2) ensuring that the products and services nec11 essary for the functioning of the digital economy are 

12 not subject to the control of an authoritarian gov13 ernment; 

14 (3) establishing standards to ensure equipment 

15 and software companies have transparent corporate 

16 ownership and are financed transparently for the 

17 purposes of procurement, investment, and con18 tracting; 

19 (4) improving cybersecurity capabilities to miti20 gate vulnerabilities in a more complex and dynamic 

21 threat environment; and 

22 (5) developing best practices for financing and 

23 deploying telecommunications networks to ensure 

24 long-term solvency of market players. 


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1 (c) CONSULTATION.—In developing the strategy re2 quired by subsection (a), the Secretary of State shall con3 sult with— 

4 (1) leaders of the United States industry; 

5 (2) other relevant technology experts; 

6 (3) representatives from relevant United States 

7 Government agencies; and 

8 (4) representatives from like-minded allies and 

9 partners. 

10 (d) DIGITAL CONNECTIVITY AND CYBERSECURITY

11 PARTNERSHIP FUND.— 

12 (1) PROGRAM FOR FUND REQUIRED.—The Sec13 retary of State shall carry out a program, to be 

14 known as the ‘‘Digital Connectivity and Cybersecu15 rity Partnership Fund’’, under which the Secretary 

16 awards grants to entities to carry out digital infra17 structure projects in foreign countries designed to 

18 achieve the goals described in subsection (a). 

19 (2) SELECTION OF GRANTEES.—The Secretary 

20 shall award grants under the program required by 

21 this subsection to the entities that submit proposals 

22 to the Secretary for digital infrastructure projects 

23 that the Secretary determines— 

24 (A) meet the requirements established pur25 suant to paragraph (3)(D); and 


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1 (B) will have the greatest impact in meet2 ing such requirements for the least cost. 

3 (3) PROGRAM ADMINISTRATION.—In carrying 

4 out the program required by this subsection, the 

5 Secretary shall develop— 

6 (A) the policy goals of projects for which 

7 grants will be awarded under the program; 

8 (B) procedures for selecting such projects 

9 and distributing such grants; 

10 (C) a method of maximizing the number of 

11 entities competing for such grants; and 

12 (D) requirements for proposals for such 

13 projects, including— 

14 (i) minimum technical and financial 

15 requirements; and 

16 (ii) regulatory requirements. 

17 (e) SEMIANNUAL BRIEFING REQUIREMENT.—Not 

18 later than 180 days after the date of the enactment of 

19 this Act, and every 180 days thereafter, the Secretary of 

20 State shall provide to the Committee on Foreign Relations 

21 of the Senate and the Committee on Foreign Affairs of 

22 the House of Representatives a briefing on the implemen23 tation of the strategy required by subsection (a). 


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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated such sums as may be nec3 essary to carry out this section. 

4 SEC. 126. MULTILATERAL TELECOMMUNICATIONS SECU5 RITY FUND. 

6 (a) ESTABLISHMENT OF FUND.— 

7 (1) IN GENERAL.—There is established in the 

8 Treasury of the United States a trust fund to be 

9 known as the ‘‘Multilateral Telecommunications Se10 curity Fund’’. 

11 (2) USE OF FUND.—Amounts deposited in the 

12 Multilateral Telecommunications Security Fund 

13 shall be available to the Secretary of State to make 

14 expenditures under this subsection in such amounts 

15 as the Secretary determines appropriate. 

16 (3) AVAILABILITY.— 

17 (A) IN GENERAL.—Amounts deposited in 

18 the Multilateral Telecommunications Security 

19 Fund— 

20 (i) shall remain available through the 

21 end of the tenth fiscal year beginning after 

22 the date of the enactment of this Act; and 

23 (ii) may only be allocated upon the 

24 Secretary of State reaching an agreement 

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1 ticipate in the common funding mechanism 

2 described in subsection (b). 

3 (B) REMAINDER TO TREASURY.—Any 

4 amounts remaining in the Multilateral Tele5 communications Security Fund after the end of 

6 the tenth fiscal year beginning after the date of 

7 enactment of this Act shall be deposited in the 

8 general fund of the Treasury. 

9 (b) ADMINISTRATION OF FUND.—The Secretary of 

10 State, in consultation with the National Telecommuni11 cations and Information Administration Administrator, 

12 the Secretary of Homeland Security, the Secretary of the 

13 Treasury, and the Director of National Intelligence, shall 

14 establish a common funding mechanism, in coordination 

15 with foreign partners, that uses amounts from the Multi16 lateral Telecommunications Security Fund to support the 

17 development and adoption of secure and trusted tele18 communications technologies. 

19 (c) ANNUAL REPORT TO CONGRESS.—Not later than 

20 one year after the date of the enactment of this Act, and 

21 annually thereafter for each fiscal year during which 

22 amounts in the Multilateral Telecommunications Security 

23 Fund are available, the Secretary of State shall submit 

24 to the appropriate congressional committees a report on 


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1 the status and progress of the funding mechanism estab2 lished under subsection (b), including— 

3 (1) any funding commitments from foreign 

4 partners, including each specific amount committed; 

5 (2) governing criteria for use of the Multilateral 

6 Telecommunications Security Fund; 

7 (3) an account of— 

8 (A) how funds have been deployed, includ9 ing to whom they have been provided; 

10 (B) amounts remaining in the Multilateral 

11 Telecommunications Security Fund; and 

12 (C) the progress of the Secretary in meet13 ing the objective described in subsection (b); 

14 and 

15 (4) additional authorities needed to enhance the 

16 effectiveness of the Multilateral Telecommunications 

17 Security Fund in achieving the security goals of the 

18 United States. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out this section 

21 $500,000,000 for the period of fiscal years 2021 through 

22 2026. 


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1 SEC. 127. REPORT ON THREATS TO THE UNITED STATES 

2 SEMICONDUCTOR INDUSTRY. 

3 Not later than 90 days after the date of the enact4 ment of this Act, the Secretary of Commerce shall submit 

5 to the appropriate congressional committees a report re6 garding— 

7 (1) the strengths and vulnerabilities of the 

8 semiconductor industry in the United States; and 

9 (2) the threat that the proposed ‘‘Made in 

10 China 2025’’ initiative of the Government of China 

11 poses to the global market share of the United 

12 States with respect to the industry described in 

13 paragraph (1). 

14 Subtitle D—Manufacturing, Re15 search, and Development Com16 petitiveness 

17 SEC. 130. DEFINITIONS. 

18 In this subtitle: 

19 (1) APPROPRIATE CONGRESSIONAL COMMIT20 TEES.—The term ‘‘appropriate congressional com21 mittees’’ means— 

22 (A) the Committee on Commerce, Science, 

23 and Transportation, the Committee on Armed 

24 Services, the Committee on Health, Education, 

25 Labor, and Pensions, the Committee on For26 eign Relations, the Committee on Banking, 


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1 Housing, and Urban Affairs, the Committee on 

2 Energy and Natural Resources, and the Com3 mittee on Appropriations of the Senate; and 

4 (B) the Committee on Energy and Com5 merce, the Committee on Transportation and 

6 Infrastructure, the Committee on Armed Serv7 ices, the Committee on Science, Space, and 

8 Technology, the Committee on Foreign Affairs, 

9 the Committee on Financial Services, and the 

10 Committee on Appropriations of the House of 

11 Representatives. 

12 (2) SOCIALLY AND ECONOMICALLY DISADVAN13 TAGED INDIVIDUAL.—The term ‘‘socially and eco14 nomically disadvantaged individual’’ means any so15 cially and economically disadvantaged individual de16 scribed in the flush text following section 8(d)(3)(C) 

17 of the Small Business Act (15 U.S.C. 637(d)(3)(C)) 

18 and in any relevant subcontracting regulation issued 

19 under such section 8(d). 

20 PART I—MANUFACTURING, RESEARCH, AND 

21 TECHNOLOGY DEVELOPMENT 

22 SEC. 131. MANUFACTURING USA PROGRAM. 

23 (a) FINDINGS.—Congress makes the following find24 ings: 


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1 (1) The Manufacturing USA Program is cen2 tral to maintaining the global leadership of the 

3 United States in critical technologies. 

4 (2) When the Manufacturing USA Program 

5 was launched, it was envisioned that the program 

6 would build a national network of 45 institutes. 

7 (3) As of the date of the enactment of this Act, 

8 15 Manufacturing USA institutes have been estab9 lished with support of the Federal Government to 

10 advance new technologies and processes to strength11 en the manufacturing competitiveness of the United 

12 States. 

13 (4) The success of the Manufacturing USA 

14 Program is underscored by the Government of China 

15 copying the technology foci of the first 14 Manufac16 turing USA institutes in the creation of their own 

17 manufacturing innovation centers as part of their 

18 Made in China 2025 effort to become a world leader 

19 in advanced manufacturing and critical technology 

20 areas. 

21 (5) The Government of China is doubling down 

22 in its effort to build a network of manufacturing in23 novation centers, with plans to establish 40 such 

24 centers by 2025 to leapfrog the efforts of the United 


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1 States to maintain global leadership in critical tech2 nologies. 

3 (6) The Manufacturing USA Program has 

4 broad bipartisan support, having recently been reau5 thorized by section 1741 of the National Defense 

6 Authorization Act for Fiscal Year 2020 (Public Law 

7 116–92) and expanded by such section to allow for 

8 the renewal of existing Manufacturing USA insti9 tutes to establish longer term Federal commitment 

10 based on the performance of each Manufacturing 

11 USA institute. 

12 (7) Fulfilling the original goal of establishing 

13 45 Manufacturing USA institutes by 2025 is critical 

14 to preventing Chinese dominance in critical tech15 nologies and ensuring the security and global leader16 ship in advanced manufacturing of the United 

17 States. 

18 (b) DEFINITIONS.—In this section: 

19 (1) ALLIANCE MANUFACTURING USA INSTI20 TUTE.—The term ‘‘alliance Manufacturing USA in21 stitute’’ means a Manufacturing USA institute de22 scribed in paragraph (3) of section 34(d) of the Na23 tional Institute of Standards and Technology Act 

24 (15 U.S.C. 278s(d)). 


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1 (2) MANUFACTURING USA INSTITUTE.—The 

2 term ‘‘Manufacturing USA institute’’ means an in3 stitute described in section 34(d) of the National In4 stitute of Standards and Technology Act (15 U.S.C. 

5 278s(d)). 

6 (3) MANUFACTURING USA NETWORK.—The 

7 term ‘‘Manufacturing USA Network’’ means the 

8 network established under section 34(c) of the Na9 tional Institute of Standards and Technology Act 

10 (15 U.S.C. 278s(c)). 

11 (4) MANUFACTURING USA PROGRAM.—The 

12 term ‘‘Manufacturing USA Program’’ means the 

13 program established under section 34(b)(1) of the 

14 National Institute of Standards and Technology Act 

15 (15 U.S.C. 278s(b)(1)). 

16 (5) MINORITY-SERVING INSTITUTION.—The 

17 term ‘‘minority-serving institution’’ means an eligi18 ble institution described in section 371(a) of the 

19 Higher Education Act of 1965 (20 U.S.C. 

20 1067q(a)). 

21 (6) NATIONAL PROGRAM OFFICE.—The term 

22 ‘‘National Program Office’’ means the National Pro23 gram Office established under section 34(h)(1) of 

24 the National Institute of Standards and Technology 

25 Act (15 U.S.C. 278s(h)(1)). 


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1 (7) TRADITIONAL MANUFACTURING USA INSTI2 TUTE.—The term ‘‘traditional Manufacturing USA 

3 institute’’ means a Manufacturing USA institute 

4 that is not an alliance Manufacturing USA institute. 

5 (c) AUTHORIZATION OF APPROPRIATIONS FOR EX6 PANSION OF MANUFACTURING USA PROGRAM.— 

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

8 appropriated $2,400,000,000 for the period of fiscal 

9 years 2021 through 2025 for the Director of the Na10 tional Institute of Standards and Technology to 

11 carry out the Manufacturing USA Program and to 

12 expand such program to include at least 45 Manu13 facturing USA institutes. 

14 (2) TRADITIONAL MANUFACTURING USA INSTI15 TUTES.— 

16 (A) IN GENERAL.—Of the amounts appro17 priated pursuant to the authorization of appro18 priations in paragraph (1), $1,500,000,000 

19 shall be available for the period described in 

20 such paragraph to support the establishment of 

21 at least 3 traditional Manufacturing USA insti22 tutes each year during that period. 

23 (B) FINANCIAL ASSISTANCE.—The Direc24 tor shall support the establishment of tradi25 tional Manufacturing USA institutes under subVerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629

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1 paragraph (A) through the award of financial 

2 assistance under section 34(e) of the National 

3 Institute of Standards and Technology Act (15 

4 U.S.C. 278s(e)). 

5 (3) ALLIANCE MANUFACTURING USA INSTI6 TUTES.—Of the amounts appropriated pursuant to 

7 the authorization of appropriations in paragraph (1), 

8 $375,000,000 shall be available for the period de9 scribed in such paragraph to establish not fewer 

10 than 3 alliance Manufacturing USA institutes each 

11 year during that covered period as designated by the 

12 Director of the National Institute of Standards and 

13 Technology for a Federal commitment of at least 5 

14 years. 

15 (4) COMMERCIALIZATION, WORKFORCE TRAIN16 ING, AND SUPPLY CHAIN INVESTMENT.—Of the 

17 amounts appropriated pursuant to the authorization 

18 of appropriations in paragraph (1), $100,000,000 

19 shall be available for the period described in such 

20 paragraph to support such programming for com21 mercialization, workforce training, and supply chain 

22 activities across the Manufacturing USA Network as 

23 the Director considers appropriate. 

24 (5) ONGOING SUPPORT FOR EXISTING MANU25 FACTURING USA INSTITUTES.—Of the amounts apVerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629

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1 propriated pursuant to the authorization of appro2 priations in paragraph (1), $375,000,000 shall be 

3 available for the period described in such paragraph 

4 to support Manufacturing USA institutes that were 

5 in effect on the day before the date of the enactment 

6 of this Act, and $5,000,000 shall be available to 

7 each such Manufacturing USA institute each year 

8 for such period for ongoing operation of the insti9 tutes, including operational overhead, workforce 

10 training, and supply chain activities. 

11 (6) MANAGEMENT OF INTERAGENCY SOLICITA12 TIONS AND ONGOING MANAGEMENT.—Of the 

13 amounts appropriated pursuant to the authorization 

14 of appropriations in paragraph (1), $10,000,000 

15 shall be available annually for the period described 

16 in such paragraph for the National Program Office 

17 to coordinate the activities of the Manufacturing 

18 USA Network and manage interagency solicitations. 

19 (d) COORDINATION BETWEEN MANUFACTURING

20 USA PROGRAM AND HOLLINGS MANUFACTURING EXTEN21 SION PARTNERSHIP.—The Secretary of Commerce shall 

22 coordinate the activities of the Manufacturing USA Pro23 gram and the activities of Hollings Manufacturing Exten24 sion Partnership with each other to the degree that doing 

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1 tivities of a Manufacturing USA institute or a Center (as 

2 the term is defined in section 25(a) of the National Insti3 tute of Standards and Technology Act (15 U.S.C. 

4 278k(a)), including Manufacturing USA institutes con5 tracting with a Center (as so defined) to provide services 

6 relating to the mission of the Hollings Manufacturing Ex7 tension Partnership, including outreach, technical assist8 ance, workforce development, and technology transfer and 

9 adoption assistance to small and medium-sized manufac10 turers. 

11 (e) WORKER ADVISORY COUNCIL IN MANUFAC12 TURING USA PROGRAM.— 

13 (1) ESTABLISHMENT.— 

14 (A) IN GENERAL.—The Secretary of Com15 merce shall, in coordination with the Secretary 

16 of Labor, the Secretary of Defense, the Sec17 retary of Energy, and the Secretary of Edu18 cation, establish an advisory council for the 

19 Manufacturing USA Program on the develop20 ment and dissemination of techniques, policies, 

21 and investments for high-road labor practices, 

22 worker adaptation and success with techno23 logical change, and increased worker participa24 tion across the Manufacturing USA Network. 


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1 (B) MEMBERSHIP.—The council estab2 lished under subparagraph (A) shall be com3 posed of not fewer than 15 members appointed 

4 by the Secretary of Commerce, of whom— 

5 (i) five shall be from labor organiza6 tions; 

7 (ii) five shall be from educational in8 stitutions; and 

9 (iii) five shall be from workforce de10 velopment and nonprofit organizations, in11 cluding those that focus on workforce di12 versity and inclusion. 

13 (C) PERIOD OF APPOINTMENT; VACAN14 CIES.— 

15 (i) IN GENERAL.—Each member of 

16 the council established under subparagraph 

17 (A) shall be appointed for a term of 3 

18 years with the ability to renew the appoint19 ment for no more than 2 terms. 

20 (ii) VACANCIES.—Any member ap21 pointed to fill a vacancy occurring before 

22 the expiration of the term for which the 

23 member’s predecessor was appointed shall 

24 be appointed only for the remainder of that 

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1 ration of that term until a successor has 

2 been appointed. 

3 (D) MEETINGS.— 

4 (i) INITIAL MEETING.—Not later than 

5 180 days after the date of enactment of 

6 this Act, the council established under sub7 paragraph (A) shall hold the first meeting. 

8 (ii) ADDITIONAL MEETINGS.—After 

9 the first meeting of the council, the council 

10 shall meet upon the call of the chairperson 

11 or of the Secretary, and at least once every 

12 180 days thereafter. 

13 (iii) QUORUM.—A majority of the 

14 members of the council shall constitute a 

15 quorum, but a lesser number of members 

16 may hold hearings. 

17 (E) CHAIRPERSON AND VICE CHAIR18 PERSON.—The members of the council estab19 lished under subparagraph (A) shall elect 1 

20 member to serve as the chairperson and 1 mem21 ber to serve as the vice chairperson of the coun22 cil. 

23 (2) DUTIES OF THE COUNCIL.—The council es24 tablished under paragraph (1)(A) shall provide ad25 vice and recommendations to the Secretary of ComVerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629

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1 merce on matters concerning investment in and sup2 port of the manufacturing workforce relating to the 

3 following: 

4 (A) Worker participation, including 

5 through labor organizations, in the planning 

6 and deployment of new technologies across an 

7 industry and within workplaces. 

8 (B) Policies to help workers adapt to tech9 nological change, including training and edu10 cation priorities for the Federal Government 

11 and for employer investments in workers. 

12 (C) Assessments of impact on workers of 

13 development of new technologies and processes 

14 by the Manufacturing USA institutes. 

15 (D) Management practices that prioritize 

16 job quality, worker protection, worker participa17 tion and power in decision making, and invest18 ment in worker career success. 

19 (E) Policies and procedures to prioritize 

20 diversity and inclusion in the manufacturing 

21 and technology workforce by expanding access 

22 to job, career advancement, and management 

23 opportunities for underserved and underrep24 resented populations. 


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1 (F) Such other matters as the Secretary 

2 considers appropriate. 

3 (3) REPORT.— 

4 (A) APPROPRIATE COMMITTEES OF CON5 GRESS DEFINED.—In this paragraph, the term 

6 ‘‘appropriate committees of Congress’’ means— 

7 (i) the Committee on Health, Edu8 cation, Labor, and Pensions, the Com9 mittee on Commerce, Science, and Trans10 portation, the Committee on Energy and 

11 Natural Resources, the Committee on 

12 Armed Services, and the Committee on Ap13 propriations of the Senate; and 

14 (ii) the Committee on Education and 

15 Labor, the Committee on Science, Space, 

16 and Technology, the Committee on Energy 

17 and Commerce, the Committee on Armed 

18 Services, and the Committee on Appropria19 tions of the House of Representatives. 

20 (B) REPORT REQUIRED.—Not later than 

21 180 days after the date on which the council es22 tablished under paragraph (1)(A) holds its ini23 tial meeting under paragraph (1)(D)(i) and an24 nually thereafter, the council shall submit to 

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1 port containing a detailed statement of the ad2 vice and recommendations of the council pursu3 ant to paragraph (2). 

4 (4) COMPENSATION.— 

5 (A) PROHIBITION OF COMPENSATION.— 

6 Members of the Council may not receive addi7 tional pay, allowances, or benefits by reason of 

8 their service on the Council. 

9 (B) TRAVEL EXPENSES.—Each member 

10 shall receive travel expenses, including per diem 

11 in lieu of subsistence, in accordance with appli12 cable provisions under subchapter I of chapter 

13 57 of title 5, United States Code. 

14 (5) FACA APPLICABILITY.— 

15 (A) IN GENERAL.—In discharging its du16 ties under this subsection, the council estab17 lished under paragraph (1)(A) shall function 

18 solely in an advisory capacity, in accordance 

19 with the Federal Advisory Committee Act (5 

20 U.S.C. App.). 

21 (B) EXCEPTION.—Section 14 of the Fed22 eral Advisory Committee Act shall not apply to 

23 the Council. 

24 (f) PARTICIPATION OF MINORITY-SERVING INSTITU25 TIONS.—The Secretary of Commerce shall coordinate with 


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1 existing and new Manufacturing USA institutes to inte2 grate minority-serving institutions as active members of 

3 the Manufacturing USA institutes, including through the 

4 development of preference criteria for proposals to create 

5 new Manufacturing USA institutes or renew existing Man6 ufacturing USA institutes that include meaningful partici7 pation from minority-serving institutions. 

8 (g) DEPARTMENT OF COMMERCE POLICIES TO PRO9 MOTE DOMESTIC PRODUCTION OF TECHNOLOGIES DE10 VELOPED UNDER MANUFACTURING USA PROGRAM.— 

11 (1) DEFINITION OF DOMESTIC.—In this sub12 section, the term ‘‘domestic’’, with respect to devel13 opment or production means development or produc14 tion by, or with respect to source means the source 

15 is, a person incorporated or formed in the United 

16 States— 

17 (A) that is not under foreign ownership, 

18 control, or influence (FOCI) as defined in sec19 tion 847 of the National Defense Authorization 

20 Act for Fiscal Year 2020 (Public Law 116–92); 

21 (B) whose beneficial owners, as defined in 

22 section 847 of the National Defense Authoriza23 tion Act for Fiscal Year 2020 (Public Law 

24 116–92), are United States persons; 


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1 (C) whose management are United States 

2 citizens; 

3 (D) whose principal place of business is in 

4 the United States; and 

5 (E) who is not— 

6 (i) a foreign incorporated entity that 

7 is an inverted domestic corporation or any 

8 subsidiary of such entity; or 

9 (ii) any joint venture if more than 10 

10 percent of the joint venture (by vote or 

11 value) is held by a foreign incorporated en12 tity that is an inverted domestic corpora13 tion or any subsidiary of such entity. 

14 (2) POLICIES.— 

15 (A) IN GENERAL.—The Secretary of Com16 merce shall establish policies to promote the do17 mestic production of technologies developed by 

18 the Manufacturing USA Network. 

19 (B) ELEMENTS.—The policies developed 

20 under paragraph (2) shall include the following: 

21 (i) Measures to partner domestic de22 velopers of goods, services, or technologies 

23 by Manufacturing USA Network activities 

24 with domestic manufacturers and sources 

25 of financing. 


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1 (ii) Measures to develop and provide 

2 incentives to promote transfer of intellec3 tual property and goods, services, or tech4 nologies developed by Manufacturing USA 

5 Network activities to domestic manufactur6 ers. 

7 (iii) Measures to assist with supplier 

8 scouting and other supply chain develop9 ment, including the use of the Hollings 

10 Manufacturing Extension Partnership to 

11 carry out such measures. 

12 (iv) A process to review and approve 

13 or deny any transfer of intellectual prop14 erty and goods, services, or technologies 

15 developed by Manufacturing USA Network 

16 activities to outside of the United States, 

17 especially to countries of concern, including 

18 the People’s Republic of China. 

19 (v) Measures to prioritize Federal pro20 curement of goods, services, or technologies 

21 developed by the Manufacturing USA Net22 work activities from domestic sources, as 

23 appropriate. 

24 (vi) Requirements that all contracts, 

25 transactions, and agreements entered into 


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1 as part of participation in the Manufac2 turing USA Network shall include condi3 tions where developers of technologies by 

4 activities conducted by the Manufacturing 

5 USA network who manufacture such tech6 nology outside the United States agree 

7 that they shall be required to refund to the 

8 United States an appropriate amount of 

9 funding, which shall include the amount 

10 the Federal Government has contributed 

11 and the present value of the future value 

12 lost by the United States as a result of 

13 such technology being manufactured out14 side the United States, under reasonable 

15 conditions and procedures determined by 

16 the Secretary in the interest of protecting 

17 taxpayers. 

18 (C) PROCESSES FOR WAIVERS.—The poli19 cies established under this paragraph shall in20 clude processes to permit waivers, on a case by 

21 case basis, for policies that promote domestic 

22 production based on cost, availability, severity 

23 of technical and mission requirements, emer24 gency requirements, operational needs, other 

25 legal or international treaty obligations, or 


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1 other factors deemed important to the success 

2 of the Manufacturing USA Program. 

3 (3) PROHIBITION.— 

4 (A) DEFINITIONS.—In this paragraph, the 

5 terms ‘‘beneficial owner’’, ‘‘company’’, and ‘‘for6 eign ownership, control, or influence’’ have the 

7 meanings given such terms in section 847(a) of 

8 the National Defense Authorization Act for Fis9 cal Year 2020 (Public Law 116–92). 

10 (B) IN GENERAL.—A company of the Peo11 ple’s Republic of China may not participate in 

12 the Manufacturing USA Program or the Manu13 facturing USA Network. Any company that en14 gages in joint research and development, tech15 nology licensing or transfer, or investment in16 volving technologies that result from the activi17 ties of the Manufacturing USA Program or the 

18 Manufacturing USA Network with companies 

19 in the People’s Republic of China or otherwise 

20 under the foreign ownership, control or influ21 ence of the Government of China or whose ben22 eficial owners are citizens of the People’s Re23 public of China may not participate in the Man24 ufacturing USA Program or the Manufacturing 

25 USA Network. 


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1 SEC. 132. INVESTING IN RESEARCH AND DEVELOPMENT OF 

2 CRITICAL TECHNOLOGIES. 

3 (a) RESEARCH AND DEVELOPMENT.— 

4 (1) AWARDS.—The Secretary of Energy shall, 

5 in consultation with the Director of the National In6 stitute of Standards and Technology— 

7 (A) make awards to conduct collaborative 

8 research and development with industry, labor, 

9 academic, and other partners, which may in10 clude collaboration with a Federal agency or a 

11 Federal laboratory, in order to strengthen the 

12 United States position in critical technology 

13 areas, including artificial intelligence, nanotech14 nology, biotechnology, photonics and optics, 

15 flexible hybrid technologies, microelectronics, 

16 superconductors, advanced battery technologies, 

17 robotics, and advanced sensors; 

18 (B) make awards to institutions of higher 

19 education to support research, testing, dem20 onstrations, and increased United States en21 gagement in standards development activities; 

22 and 

23 (C) make awards to institutions of higher 

24 education, in collaboration with labor organiza25 tions and other relevant education and training 

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1 ments of the impacts of critical technology de2 velopment and deployment on jobs and skills 

3 needs. 

4 (2) INTERAGENCY COORDINATION.—The Sec5 retary may coordinate with the Secretary of Edu6 cation, the Secretary of Labor, and the heads of 

7 such other relevant agencies in the implementation 

8 of paragraph (1)(C). 

9 (3) AUTHORIZATION OF APPROPRIATIONS.— 

10 (A) IN GENERAL.—Subject to subpara11 graph (B), there is authorized to be appro12 priated to the Secretary of Energy 

13 $100,000,000 for the period of fiscal years 

14 2021 through 2025 to carry out this subsection. 

15 (B) LIMITATION.—Of the amounts appro16 priated pursuant to the authorization of appro17 priations in subparagraph (A), not more than 

18 $50,000,000 of such amounts may be used to 

19 support laboratory research programs of the 

20 Department of Energy aligned with the critical 

21 technology areas referred to in paragraph 

22 (1)(A). 

23 (b) OTHER TRANSACTION AUTHORITIES FOR DIREC24 TOR OF THE NATIONAL INSTITUTE OF STANDARDS AND

25 TECHNOLOGY FOR CERTAIN PROGRAMS.—Paragraph (4) 


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1 of section 2(b) of the National Institute of Standards and 

2 Technology Act (15 U.S.C. 272(b)) is amended to read 

3 as follows: 

4 ‘‘(4) to enter into and perform such contracts, 

5 including cooperative research and development ar6 rangements and grants and cooperative agreements 

7 or other transactions, as may be necessary in car8 rying out the Hollings Manufacturing Extension 

9 Partnership under section 25 and the Manufacturing 

10 USA Program under section 34 and on such terms 

11 as the Director may deem appropriate, in further12 ance of the purposes of such partnership and such 

13 program;’’. 

14 (c) SUPPORT FOR NATIONAL SCIENCE FOUNDATION

15 UNIVERSITY AND INDUSTRY RESEARCH PROGRAMS.— 

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

17 appropriated to the National Science Foundation 

18 $150,000,000 for each of fiscal years 2021 through 

19 2025, of which— 

20 (A) $50,000,000 shall be available each 

21 year for the Industry-University Cooperative 

22 Research Centers program of the Foundation; 

23 and 


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1 (B) $100,000,000 shall be available each 

2 year for the Engineering Research Centers pro3 gram of the Foundation. 

4 (2) MANUFACTURING ACTIVITIES.—The Direc5 tor of the National Science Foundation may 

6 prioritize the use of amounts appropriated pursuant 

7 to the authorization of appropriations under para8 graph (1) for awards to education, research, and 

9 commercialization activities that support domestic 

10 manufacturing in critical technology areas. 

11 (d) INNOVATION AND TECHNOLOGY TRANSFER PRO12 GRAMS.— 

13 (1) INNOVATION CORPS.— 

14 (A) AUTHORIZATION.—There is authorized 

15 to be appropriated for the Innovation Corps es16 tablished under section 601 of the American In17 novation and Competitiveness Act (42 U.S.C. 

18 1862s–8), $100,000,000 for each of fiscal years 

19 2021 through 2025, of which at least 25 per20 cent each year shall be used for follow-on grant 

21 awards under section 601(c)(3) of such Act. 

22 (B) ADDITIONAL COORDINATION.—Section 

23 601(c)(3) of the American Innovation and Com24 petitiveness Act (42 U.S.C. 1862s–8(c)(3)) is 

25 amended by adding at the end the following: 


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1 ‘‘(C) COORDINATION.—The Director of the 

2 National Science Foundation shall coordinate 

3 with Federal agencies that are required to es4 tablish SBIR and STTR programs (as those 

5 terms are defined in section 9(e) of the Small 

6 Business Act (15 U.S.C. 638(e)) to facilitate 

7 further relevant Federal support for I-Corps 

8 participants.’’. 

9 (2) TRANSLATIONAL RESEARCH GRANTS.— 

10 There are authorized to be appropriated to the Na11 tional Science Foundation $50,000,000 for each of 

12 fiscal years 2021 through 2025 for the translational 

13 research grants under section 602 of the American 

14 Innovation and Competitiveness Act (42 U.S.C. 

15 1862s–9). 

16 (e) CONSORTIUM FOR ADVANCED MANUFAC17 TURING.— 

18 (1) ESTABLISHMENT.—The Director of the Na19 tional Science Foundation shall establish, oversee, 

20 and support a consortium on advanced manufac21 turing that operates as an independent entity. 

22 (2) ELEMENTS.—The consortium established, 

23 overseen, and supported under paragraph (1) shall 

24 be led by a nonprofit organization or an institution 

25 of higher education. 


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1 (3) FUNCTIONS.—The functions of the consor2 tium established, overseen, and supported under 

3 paragraph (1) are the following: 

4 (A) To include all fields of advanced manu5 facturing, including emerging areas and areas 

6 overlapping with other disciplines. 

7 (B) To serve as a catalyst and enabler for, 

8 and give a voice to, the national advanced man9 ufacturing research community in shaping the 

10 future of advanced manufacturing. 

11 (C) To consider issues, challenges, and op12 portunities facing United States advanced man13 ufacturing, and source perspectives on tech14 nology priorities, including novel and unantici15 pated perspectives, that can inform both the 

16 broad advanced manufacturing community and 

17 Federal programs and policies. 

18 (D) To provide a resource for rapid re19 sponse expert advice to help inform cross-cut20 ting Federal research and development initia21 tives in advanced manufacturing, responses 

22 might be provided within several days for sim23 ple informational items or within several 

24 months for more complex issues. 


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1 (E) To serve as an intermediary for the ex2 ecutive and legislative branches of the Federal 

3 Government in soliciting the input of the broad4 er manufacturing community. 

5 (F) To consider innovation metrics in edu6 cation and research to inform initiatives that 

7 will improve the national innovation ecosystem. 

8 (4) REQUIREMENTS.—In carrying out para9 graph (3), the consortium established, overseen, and 

10 supported under paragraph (1) shall— 

11 (A) enable the advanced manufacturing 

12 community to communicate to a broad audience 

13 the myriad ways in which advances in manufac14 turing will create a brighter future and encour15 age the alignment of advanced manufacturing 

16 research with pressing national priorities and 

17 national challenges; 

18 (B) facilitate the generation of visions for 

19 advanced manufacturing research and education 

20 and communicate them to a wide range of 

21 stakeholders in the United States; 

22 (C) provide flexible mechanisms that allow 

23 single or multiple Federal agencies to sponsor 

24 and participate in studies of specific agency in25 terest; 


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1 (D) respond to Federal agency requests 

2 and identify key technology challenges facing 

3 the private sector; 

4 (E) convene experts from United States in5 dustry, academia, and labor to consider issues, 

6 challenges, and opportunities in advanced man7 ufacturing; 

8 (F) form focus teams to deep dive into 

9 particular technology areas; 

10 (G) engage experts from the private sector, 

11 including industry, academia, and labor, with 

12 the support of and participation from Federal 

13 agency leadership; and 

14 (H) provide input to the Federal Govern15 ment and engage with advisory committees and 

16 groups consistent with law and regulations, as 

17 appropriate for a body that is not chartered 

18 under the Federal Advisory Committee Act (5 

19 U.S.C. App.). 

20 (5) INDEPENDENT OPERATIONS.—The Director 

21 shall allow the consortium established, overseen, and 

22 supported under paragraph (1) to operate independ23 ently and shall not require any advance review by 

24 the Foundation of any findings, recommendations, 

25 or other work products of the consortium. 


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1 (6) NONAPPLICABILITY OF FACA.—The Federal 

2 Advisory Committee Act (5 U.S.C. App.) shall not 

3 apply to the consortium established, overseen, and 

4 supported under paragraph (1). 

5 (7) REPORTS.—The consortium shall issue at 

6 least four reports each year. 

7 (8) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated to carry out 

9 this subsection, $10,000,000 for the period of fiscal 

10 years 2021 through 2025. 

11 SEC. 133. FUNDING FOR QUANTUM COMPUTING AND 

12 CONSORTIAL QUANTUM RESEARCH AND DE13 VELOPMENT. 

14 (a) FINDINGS.—Congress makes the following find15 ings: 

16 (1) United States leadership in quantum com17 puting is vital for science, society, the economy, and 

18 national security. 

19 (2) It is in the national interest for the Federal 

20 Government to foster continued growth of the 

21 United States quantum computing innovation eco22 system. 

23 (3) Federal Government investment in the ef24 forts of institutions of higher education and industry 

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1 ical technologies and to establish successful domestic 

2 companies is essential to national and economic se3 curity and to the global leadership of the United 

4 States. 

5 (b) QUANTUM USER EXPANSION FOR SCIENCE AND

6 TECHNOLOGY.— 

7 (1) ESTABLISHMENT.—Not later than 90 days 

8 after the date of the enactment of this Act, the Sec9 retary of Energy, acting through the Director of the 

10 Office of Science of the Department of Energy and 

11 in consultation with appropriate officials from other 

12 government organizations, shall establish a competi13 tive, merit-based program to provide researchers ac14 cess to quantum computing resources via the cloud 

15 so as— 

16 (A) to enhance the United States quantum 

17 research enterprise; 

18 (B) to stimulate the United States quan19 tum computing industry; 

20 (C) to educate the future quantum com21 puting workforce; 

22 (D) to accelerate advancement of quantum 

23 computer capabilities; and 

24 (E) to develop requirements, applications, 

25 and algorithms to determine and exploit the 


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1 utility of noisy intermediate-scale quantum 

2 computers (NISQ) and state of the art quan3 tum computers. 

4 (2) DESIGNATION.—The program established 

5 under paragraph (1) shall be referred to as the 

6 ‘‘Quantum User Expansion for Science and Tech7 nology’’ (in this subsection referred to as the ‘‘Pro8 gram’’). 

9 (3) ADMINISTRATION OF PROGRAM.— 

10 (A) CONSULTATION.—The Secretary shall 

11 administer the Program in consultation with 

12 private sector stakeholders, the user commu13 nity, and interagency partners, including the 

14 National Science Foundation, the National In15 stitute of Standards and Technology and the 

16 Department of Defense. 

17 (B) ACTIVITIES.—The Program shall in18 clude and focus on soliciting, considering, se19 lecting, and funding applications primarily from 

20 United States-based researchers for access to 

21 and use of cloud-based quantum computing re22 sources. 

23 (C) APPLICATIONS.—Applications for 

24 funding under subparagraph (B) shall be as25 sessed on the basis of the following: 


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1 (i) Scientific merit. 

2 (ii) Societal, economic, or security im3 pact. 

4 (iii) The need to access quantum com5 puting resources. 

6 (4) REPORT.—Not later than 180 days after 

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

8 shall submit to Congress a report on the status of 

9 the Program. 

10 (5) AUTHORIZATION OF APPROPRIATIONS.— 

11 There is authorized to be appropriated to carry out 

12 the Program $100,000,000 in fiscal year 2021. 

13 (c) QUANTUM ECONOMIC DEVELOPMENT CONSOR14 TIUM.— 

15 (1) AUTHORIZATION OF APPROPRIATIONS.— 

16 There is authorized to be appropriated to the Na17 tional Institute of Standards and Technology 

18 $100,000,000 for the period of fiscal years 2021 

19 through 2025 for— 

20 (A) the Quantum Economic Development 

21 Consortium established under section 201 of 

22 the National Quantum Initiative Act (15 U.S.C. 

23 8831); and 

24 (B) awards based on recommendations of 

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1 tium that enable and grow a robust United 

2 States quantum industry and supply chain to 

3 maintain United States leadership in the field 

4 of quantum computing. 

5 (2) WAIVER.—Section 201(c) of the National 

6 Quantum Initiative Act (15 U.S.C. 8831(c)) shall 

7 not apply to use of amounts appropriated pursuant 

8 to subparagraph (A). 

9 (d) DEPARTMENT OF DEFENSE INVESTMENT IN

10 QUANTUM COMPUTING.— 

11 (1) HIGH-RISK, HIGH-PAYOFF APPROACH.—The 

12 Secretary of Defense shall— 

13 (A) award at least 2 grants to industry-led 

14 teams, which may include academic and other 

15 research entities, with the goal of building fully 

16 error-corrected, fault-tolerant quantum com17 puters before the date that is 5 years after the 

18 date of the enactment of this Act; 

19 (B) establish cost-sharing criteria for each 

20 such award; and 

21 (C) develop milestones and exit criteria for 

22 each such award to measure progress, including 

23 by requiring applicants to propose tangible 

24 milestones to achieving the goal of building 

25 fully error-corrected, fault-tolerant quantum 


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1 computers as close to the 5-year goal timeframe 

2 as possible. 

3 (2) SUSTAINING THE QUANTUM COMPUTING IN4 DUSTRY.—To make steady progress in the field of 

5 quantum computing, the Secretary of Defense shall 

6 provide stable funding on a competitive basis during 

7 the 10-year period beginning on the date of the en8 actment of this Act— 

9 (A) for the development of requirements, 

10 applications, and algorithms to determine and 

11 exploit the utility of noisy intermediate-scale 

12 quantum (NISQ) computers that are available 

13 as of the day before the date of the enactment 

14 of this Act; and 

15 (B) for access to intermediate-scale quan16 tum computers for government, academic, and 

17 commercial researchers and developers. 

18 (3) ANNUAL REPORT.—Not later than 2 years 

19 after the date of the enactment of this Act and not 

20 less frequently than once each year thereafter, the 

21 Secretary shall submit to the President and Con22 gress a report on the progress of the activities re23 quired under this section and alterations of previous 

24 plans for the future. 


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1 (4) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to carry out 

3 this subsection $1,500,000,000 for the period of fis4 cal years 2021 through 2031. 

5 SEC. 134. NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH 

6 AND DEVELOPMENT INITIATIVE. 

7 (a) SENSE OF CONGRESS.—It is the sense of Con8 gress that— 

9 (1) there is a need for a National Artificial Re10 search and Development Intelligence Initiative, in11 cluding a comprehensive strategy for and coordina12 tion across agencies on research and development on 

13 artificial intelligence; 

14 (2) there are currently several interagency com15 mittees working on related tasks with respect to ar16 tificial intelligence; 

17 (3) the reporting structure of such committees 

18 could be simplified to address efficiently the goals of 

19 the Initiative; and 

20 (4) it is useful to accelerate in the United 

21 States, research on artificial intelligence that in22 creases innovation while also promoting privacy and 

23 accountability. 

24 (b) DEFINITIONS.— 


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1 (1) ARTIFICIAL INTELLIGENCE.—The term ‘‘ar2 tificial intelligence’’ includes the following: 

3 (A) An artificial system that performs 

4 tasks under varying and unpredictable cir5 cumstances without significant human over6 sight, or that can learn from experience and im7 prove performance when exposed to data sets. 

8 (B) An artificial system developed in com9 puter software, physical hardware, or other con10 text that solves tasks requiring human-like per11 ception, cognition, planning, learning, commu12 nication, or physical action. 

13 (C) An artificial system designed to think 

14 or act like a human, including cognitive archi15 tectures and neural networks. 

16 (D) A set of techniques, including machine 

17 learning, that is designed to approximate a cog18 nitive task. 

19 (E) An artificial system designed to act ra20 tionally, including an intelligent software agent 

21 or embodied robot that achieves goals using 

22 perception, planning, reasoning, learning, com23 municating, decision making, and acting. 


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1 (2) ARTIFICIAL INTELLIGENCE INDUSTRY.— 

2 The term ‘‘artificial intelligence industry’’ means en3 tities in industries relevant to artificial intelligence. 

4 (3) EMERGING RESEARCH INSTITUTION.—The 

5 term ‘‘emerging research institution’’ means an in6 stitution of higher education that— 

7 (A) receives less than $20,000,000 in Fed8 eral research funding annually; and 

9 (B) may grant a doctoral degree. 

10 (4) INITIATIVE.—The term ‘‘Initiative’’ means 

11 the National Artificial Intelligence Research and De12 velopment Initiative established pursuant to sub13 section (c). 

14 (5) INSTITUTION OF HIGHER EDUCATION.—The 

15 term ‘‘institution of higher education’’ has the 

16 meaning given that term in section 101 of the High17 er Education Act of 1965 (20 U.S.C. 1001). 

18 (6) K–12 EDUCATION.—The term ‘‘K–12 edu19 cation’’ means elementary school and secondary edu20 cation, as such terms are defined in section 8101 of 

21 the Elementary and Secondary Education Act of 

22 1965 (20 U.S.C. 7801). 

23 (7) MACHINE LEARNING.—The term ‘‘machine 

24 learning’’ means a subfield of artificial intelligence 

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1 omous ability to progressively optimize performance 

2 of a specific task based on data without being explic3 itly programmed. 

4 (8) MINORITY-SERVING INSTITUTION.—The 

5 term ‘‘minority-serving institution’’ means any of 

6 the following: 

7 (A) A Hispanic-serving institution (as de8 fined in section 502(a) of the Higher Education 

9 Act of 1965 (20 U.S.C. 1101a(a))). 

10 (B) A Tribal College or University (as de11 fined in section 316(b) of the Higher Education 

12 Act of 1965 (20 U.S.C. 1059c(b))). 

13 (C) An Alaska Native-serving institution 

14 (as defined in section 317(b) of the Higher 

15 Education Act of 1965 (20 U.S.C. 1059d(b))). 

16 (D) A Native Hawaiian-serving institution 

17 (as defined in section 317(b) of the Higher 

18 Education Act of 1965 (20 U.S.C. 1059d(b))). 

19 (E) A Predominantly Black Institution (as 

20 defined in section 318(b) of the Higher Edu21 cation Act of 1965 (20 U.S.C. 1059e(b))). 

22 (F) A Native American-serving nontribal 

23 institution (as defined in section 319(b) of the 

24 Higher Education Act of 1965 (20 U.S.C. 

25 1059f(b))). 


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1 (G) An Asian American and Native Amer2 ican Pacific Islander-serving institution (as de3 fined in section 320(b) of the Higher Education 

4 Act of 1965 (20 U.S.C. 1059g(b))). 

5 (c) NATIONAL ARTIFICIAL INTELLIGENCE RE6 SEARCH AND DEVELOPMENT INITIATIVE.—The President 

7 shall establish and implement an initiative with respect to 

8 artificial intelligence to be known as the ‘‘National Artifi9 cial Intelligence Research and Development Initiative’’. In 

10 carrying out the Initiative, the President shall, acting 

11 through appropriate Federal entities, including the Net12 working and Information Technology Research and Devel13 opment Program— 

14 (1) establish objectives, priorities, and metrics 

15 for strategic plans under subsection (e)(4) to accel16 erate development of science and technology applica17 tions for artificial intelligence in the United States; 

18 (2) invest in research, development, demonstra19 tion, application to analysis and modeling, and other 

20 activities with respect to science and technology in 

21 artificial intelligence; 

22 (3) support the development of a workforce 

23 pipeline for science and technology with respect to 

24 artificial intelligence by making strategic invest25 ments to— 


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1 (A) expand the number of researchers, 

2 educators, and students with training in science 

3 and technology in artificial intelligence; 

4 (B) increase the number of skilled and 

5 trained workers from underrepresented commu6 nities who can contribute to the development of 

7 artificial intelligence and artificial intelligence 

8 technology, diversify the artificial intelligence 

9 workforce, and expand the artificial intelligence 

10 workforce pipeline; 

11 (C) promote the development and inclusion 

12 of multidisciplinary curricula and research op13 portunities for science and engineering with re14 spect to artificial intelligence, including ad15 vanced technological education, during the pri16 mary, secondary, undergraduate, graduate, 

17 postdoctoral, adult learning, and career retrain18 ing stages of education; and 

19 (D) equip workers with the knowledge and 

20 skill sets required to operate effectively in occu21 pations and workplaces that will be increasingly 

22 influenced by artificial intelligence; 

23 (4) facilitate coordination of efforts and collabo24 ration with respect to research and development of 

25 artificial intelligence among government agencies, 


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1 Federal and national laboratories, nonprofit organi2 zations, institutions of higher education, and indus3 try; 

4 (5) leverage existing Federal research invest5 ments, and partner with industry and institutions of 

6 higher education to leverage knowledge and re7 sources, to advance objectives and priorities of the 

8 Initiative; 

9 (6) strengthen research, development, dem10 onstration, and applications in science and tech11 nology with respect to artificial intelligence by— 

12 (A) addressing gaps in basic research 

13 knowledge with respect to artificial intelligence 

14 through research; 

15 (B) promoting the further development of 

16 facilities and centers available for research, 

17 testing, and education in science and technology 

18 with respect to artificial intelligence; 

19 (C) stimulating research on, and pro20 moting more rapid development and commer21 cialization of, artificial intelligence-based tech22 nologies; 

23 (D) promoting research into the effects of 

24 artificial intelligence and applications of artifi25 cial intelligence on society, the workforce and 


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1 workplace, and individuals, including those from 

2 underrepresented communities; 

3 (E) promoting data and model sharing 

4 among the Federal government, academic re5 searchers, the private sector, and other practi6 tioners of artificial intelligence; 

7 (F) identifying and minimizing inappro8 priate bias in data sets, algorithms, and other 

9 aspects of artificial intelligence; and 

10 (G) supporting efforts to create metrics to 

11 assess safety, security, and reliability of applica12 tions of science and technology with respect to 

13 artificial intelligence; and 

14 (7) ensure that research, development, dem15 onstration, and applications efforts with respect to 

16 artificial intelligence create measurable benefits for 

17 all individuals in the United States, including mem18 bers of disadvantaged and underrepresented groups. 

19 (d) NATIONAL ARTIFICIAL INTELLIGENCE COORDI20 NATION OFFICE.— 

21 (1) IN GENERAL.—The Director of the Office of 

22 Science and Technology Policy shall, in consultation 

23 with the Director of the National Science Founda24 tion, the Secretary of Energy, and the Secretary of 

25 Commerce, the Attorney General, the Federal Trade 


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1 Commission, and the Director of the Bureau of Con2 sumer Financial Protection, establish or designate, 

3 and appoint a director of, an office to be known as 

4 the ‘‘National Artificial Intelligence Coordination Of5 fice’’ (in this subsection referred to as the ‘‘Office’’). 

6 (2) DUTIES.—The Office shall— 

7 (A) serve as the point of contact on Fed8 eral artificial intelligence activities for govern9 ment organizations, academia, industry, profes10 sional societies, State artificial intelligence pro11 grams, interested citizen groups, and others to 

12 exchange technical and programmatic informa13 tion; 

14 (B) conduct public outreach, including dis15 semination of findings and recommendations of 

16 the National Artificial Intelligence Advisory 

17 Committee established under subsection (f), as 

18 appropriate; and 

19 (C) promote access to and development of 

20 early applications of the technologies, innova21 tions, and expertise that benefit the public de22 rived from Initiative activities to agency mis23 sions and systems across the Federal Govern24 ment, and to United States industry, including 

25 startup companies. 


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1 (3) FUNDING.—The funding of the Office shall 

2 be derived from amounts available to the Office of 

3 Science and Technology Policy, the National Science 

4 Foundation, the Department of Energy, the Depart5 ment of Commerce, and such other departments or 

6 agencies of the Federal Government as the President 

7 considers appropriate. 

8 (4) REPORT.—Not later than 90 days after the 

9 date of the enactment of this Act, the Director of 

10 the Office of Science and Technology Policy shall 

11 submit to the Committee on Commerce, Science, and 

12 Transportation of the Senate and the Committee on 

13 Science, Space, and Technology of the House of 

14 Representatives a report on funding for the Office. 

15 The report shall include— 

16 (A) the amount of funding required to ade17 quately fund the Office; 

18 (B) the adequacy of existing mechanisms 

19 to fund the Office; and 

20 (C) the actions taken to ensure stable 

21 funding for the Office. 

22 (e) INTERAGENCY COMMITTEE ON ARTIFICIAL IN23 TELLIGENCE.— 

24 (1) IN GENERAL.—The Director of the Office of 

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1 ignate an interagency committee to be known as the 

2 ‘‘Interagency Committee on Artificial Intelligence’’ 

3 (in this subsection referred to as the ‘‘Interagency 

4 Committee’’). 

5 (2) MEMBERSHIP.— 

6 (A) COMPOSITION.—The Interagency Com7 mittee shall be composed of representatives 

8 from the following, as detailed to the Inter9 agency Committee by the head of the agency 

10 concerned: 

11 (i) The National Institute of Stand12 ards and Technology. 

13 (ii) The National Science Foundation. 

14 (iii) The Department of Energy. 

15 (iv) The Department of Justice. 

16 (v) The Federal Trade Commission. 

17 (vi) The Bureau of Consumer Finan18 cial Protection. 

19 (vii) The National Aeronautics and 

20 Space Administration. 

21 (viii) The Department of Defense. 

22 (ix) The Office of the Director of Na23 tional Intelligence. 

24 (x) The Office of Management and 

25 Budget. 


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1 (xi) The Office of Science and Tech2 nology Policy. 

3 (xii) The National Institutes of 

4 Health. 

5 (xiii) Any other Federal agency the 

6 Director of the Office of Science and Tech7 nology Policy considers appropriate. 

8 (B) CO-CHAIRS.—The Interagency Com9 mittee shall be co-chaired by the following: 

10 (i) The Director of the Office of 

11 Science and Technology Policy. 

12 (ii) The Secretary of Energy. 

13 (iii) The Director of the National In14 stitute of Standards and Technology. 

15 (iv) The Director of the National 

16 Science Foundation. 

17 (3) DUTIES.—The Interagency Committee 

18 shall— 

19 (A) coordinate and make recommendations 

20 for activities and programs of Federal agencies 

21 on research and education with respect to artifi22 cial intelligence and artificial intelligence tech23 nology; 

24 (B) establish objectives and priorities for 

25 the Initiative, consistent with the objectives and 


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1 purposes specified in subsection (c), based on 

2 identified knowledge and workforce gaps and 

3 other national needs; 

4 (C) assess and recommend Federal infra5 structure needs to support the Initiative; and 

6 (D) evaluate opportunities for international 

7 cooperation with strategic allies on research and 

8 development with respect to artificial intel9 ligence and artificial intelligence technology. 

10 (4) STRATEGIC PLANS.— 

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

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

13 Interagency Committee shall develop a 5-year 

14 strategic plan, and not later than 6 years after 

15 the date of the enactment of this Act, the Inter16 agency Committee shall develop an additional 5- 

17 year strategic plan, with respect to the activities 

18 of the Initiative, including activities and mecha19 nisms to meet Initiative goals and priorities, 

20 and to anticipate outcomes at participating 

21 agencies. 

22 (B) UPDATES.—The Interagency Com23 mittee may from time to time update any stra24 tegic plan under subparagraph (A), as the 

25 Interagency Committee considers appropriate. 


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1 (C) CONSIDERATIONS.—In carrying out 

2 this paragraph, the Interagency Committee 

3 shall take into account reports and rec4 ommendations of the National Artificial Intel5 ligence Advisory Committee under subsection 

6 (f). 

7 (f) NATIONAL ARTIFICIAL INTELLIGENCE ADVISORY

8 COMMITTEE.— 

9 (1) IN GENERAL.—The Director of the National 

10 Science Foundation shall, in coordination with the 

11 Attorney General, the Federal Trade Commission, 

12 and the Director of the Bureau of Consumer Finan13 cial Protection, establish or designate an advisory 

14 committee to be known as the ‘‘National Artificial 

15 Intelligence Advisory Committee’’ (in this subsection 

16 referred to as the ‘‘Advisory Committee’’). 

17 (2) MEMBERSHIP.— 

18 (A) IN GENERAL.—Members of the Advi19 sory Committees shall be appointed by the Di20 rector of the National Science Foundation, in 

21 consultation with the Director of the Office of 

22 Science and Technology Policy and after public 

23 input, from among individuals who are qualified 

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1 structure, technology transfer, commercial ap2 plications, and concerns of a national security, 

3 social, or economic nature with respect to artifi4 cial intelligence and artificial intelligence tech5 nology. In making such appointments, the Di6 rector of the National Science Foundation shall 

7 seek to appoint individuals who, collectively, 

8 have expertise on a wide range of defense and 

9 non-defense artificial intelligence matters. 

10 (B) LIMITATION.—Not more than half of 

11 the members of the Advisory Committee may be 

12 representatives of the artificial intelligence in13 dustry. 

14 (3) DUTIES.—The Advisory Committee shall 

15 advise the Director of the Office of Science and 

16 Technology Policy and the Interagency Committee 

17 on Artificial Intelligence under subsection (e) on 

18 matters relating to the Initiative. Such advice shall 

19 be based on periodic assessments by the Advisory 

20 Committee of the following: 

21 (A) Trends and developments in artificial 

22 intelligence, including current and near-future 

23 states of artificial intelligence systems and fore24 casting. 


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1 (B) Progress made in implementing the 

2 Initiative. 

3 (C) The need to revise the Initiative. 

4 (D) Balance among the components of the 

5 Initiative, including funding levels for compo6 nent areas of the Initiative. 

7 (E) Whether the component areas, prior8 ities, and technical goals of the Initiative are 

9 helping the United States maintain leadership 

10 in artificial intelligence and artificial intel11 ligence technology that also maintains privacy 

12 and accountability. 

13 (F) Management, coordination, implemen14 tation, and activities of the Initiative. 

15 (G) Whether societal, ethical, legal, envi16 ronmental, and workforce concerns with respect 

17 to artificial intelligence and artificial intel18 ligence technology are adequately addressed by 

19 the Initiative. 

20 (4) REPORTS.—Not later than 4 years after the 

21 date of the most recent assessment under paragraph 

22 (3), and quadrennially thereafter, the Advisory Com23 mittee shall submit to the Director of the National 

24 Science Foundation, the Committee on Commerce, 

25 Science, and Transportation of the Senate, and the 


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1 Committee on Science, Space, and Technology of the 

2 House of Representatives a report on the following: 

3 (A) The most recent assessment of the Ad4 visory Committee under paragraph (3). 

5 (B) Any current recommendations of the 

6 Advisory Committee regarding improvements to 

7 the Initiative. 

8 (5) TRAVEL EXPENSES OF NON-FEDERAL MEM9 BERS.—Any member of the Advisory Committee who 

10 is not an officer or employee of the Federal Govern11 ment, while attending meetings of the Advisory 

12 Committee or while otherwise serving at the request 

13 of the head of the Advisory Committee away from 

14 their homes or regular places of business, may be al15 lowed travel expenses, including per diem in lieu of 

16 subsistence, as authorized by section 5703 of title 5, 

17 United States Code, for individuals in the govern18 ment serving without pay. Nothing in this paragraph 

19 shall be construed to prohibit members of the Advi20 sory Committee who are officers or employees of the 

21 United States from being allowed travel expenses, 

22 including per diem in lieu of subsistence, in accord23 ance with existing law. 

24 (6) TERMINATION.—The Advisory Committee 

25 shall terminate on December 31, 2025. 


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1 (g) STUDY ON ARTIFICIAL INTELLIGENCE WORK2 FORCE.— 

3 (1) IN GENERAL.—Not later than 60 days after 

4 the date of the enactment of this Act, the National 

5 Artificial Intelligence Coordination Office under sub6 section (d) shall seek to enter into a contract with 

7 a federally funded research and development center 

8 or nongovernment research organization for a study 

9 on the mechanisms that produce or contribute to the 

10 workforce in artificial intelligence (including re11 searchers and specialists in artificial intelligence and 

12 users of artificial intelligence) in order to identify 

13 and develop actions to ensure an appropriate in14 crease in the size, quality, and diversity of the work15 force. 

16 (2) COLLABORATION IN STUDY.—The contract 

17 referred to in paragraph (1) shall require the feder18 ally funded research and development center enter19 ing into the contract to do the following: 

20 (A) Collaborate with the Secretary of Com21 merce, the Commissioner of Labor Statistics, 

22 and the Director of the Census in developing a 

23 comprehensive and detailed understanding of 

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1 tunities in the artificial intelligence field, by 

2 State and by region. 

3 (B) Collaborate in carrying out the study 

4 with educational institutions, State and local 

5 workforce development boards, nonprofit orga6 nizations, labor organizations, apprenticeship 

7 programs, industry, and other entities in the ar8 tificial intelligence field. 

9 (C) Collaborate with minority-serving insti10 tutions in order to facilitate the sharing of best 

11 practices and approaches for increasing and re12 taining underrepresented populations in the ar13 tificial intelligence field. 

14 (D) Facilitate the sharing of best practices 

15 and approaches for the development and 

16 sustainment of the workforce in artificial intel17 ligence that are identified or developed through 

18 the study among— 

19 (i) entities in the artificial intelligence 

20 field, State and local workforce develop21 ment boards, nonprofit organizations, labor 

22 organizations, and apprenticeship pro23 grams that provide training programs for 

24 employment in the artificial intelligence 

25 field; and 


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1 (ii) educational institutions that seek 

2 to establish such training programs. 

3 (3) DEPARTMENT OF LABOR ANNUAL REPORT

4 ON JOB CREATION.—Each year while the contract 

5 referred to in paragraph (1) is in force, the Sec6 retary of Labor shall, using information derived 

7 from the study described in that paragraph and 

8 other appropriate information, issue to the public a 

9 report on job creation in the artificial intelligence 

10 field during the preceding year. 

11 (h) NATIONAL INSTITUTE OF STANDARDS AND

12 TECHNOLOGY ACTIVITIES ON ARTIFICIAL INTEL13 LIGENCE.— 

14 (1) IN GENERAL.—As part of the Initiative, the 

15 Director of the National Institute of Standards and 

16 Technology shall— 

17 (A) support the development of measure18 ments and standards necessary to advance com19 mercial and governmental development of artifi20 cial intelligence applications, including by— 

21 (i) developing measurements and 

22 standards; 

23 (ii) supporting efforts to develop 

24 measurements and consensus standards by 

25 standards development organizations; and 


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1 (iii) modernizing the mechanisms used 

2 for benchmarking artificial intelligence 

3 technologies; 

4 (B) establish and support collaborative 

5 ventures or consortia with public or private sec6 tor entities, including institutions of higher edu7 cation, National Laboratories, and the artificial 

8 intelligence industry, for the purpose of advanc9 ing fundamental and applied research and de10 velopment on artificial intelligence; and 

11 (C) modernize the mechanisms used for 

12 benchmarking artificial intelligence tech13 nologies. 

14 (2) ARTIFICIAL INTELLIGENCE OUTREACH.— 

15 (A) IN GENERAL.—The Director shall con16 duct outreach— 

17 (i) to receive input from stakeholders 

18 on the development of a plan to address 

19 future measurements and standards re20 lated to artificial intelligence; and 

21 (ii) to provide an opportunity for pub22 lic comment on any such measurements or 

23 standards. 

24 (B) MEETINGS.— 


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1 (i) IN GENERAL.—Not later than 1 

2 year after the date of the enactment of this 

3 Act, and a periodic basis thereafter as the 

4 Director considers appropriate, the Direc5 tor shall convene 1 or more meetings of 

6 stakeholders, including technical expert 

7 representatives from government organiza8 tions, the artificial intelligence industry, 

9 and institutions of higher education, to dis10 cuss topics described in clause (ii). 

11 (ii) TOPICS.—Meetings under clause 

12 (i) may cover topics that the Director con13 siders important to the development of 

14 standards and measurements with respect 

15 to artificial intelligence, including— 

16 (I) cybersecurity; 

17 (II) algorithm accountability; 

18 (III) algorithm explainability; 

19 (IV) algorithm trustworthiness; 

20 (V) a common lexicon for artifi21 cial intelligence; and 

22 (VI) resources and methods for 

23 benchmarking artificial intelligence 

24 technologies. 


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1 (iii) PURPOSES.—The purposes of 

2 meetings under this subparagraph shall 

3 be— 

4 (I) to assess contemporary re5 search on the topics identified by the 

6 Director for purposes of clause (ii); 

7 (II) to evaluate research gaps re8 lating to such topics; 

9 (III) to provide an opportunity 

10 for stakeholders to provide rec11 ommendations on the research to be 

12 addressed by the National Institute of 

13 Standards and Technology and the 

14 Initiative; and 

15 (IV) to coordinate engagement 

16 with international standards bodies in 

17 order to ensure United States leader18 ship in the development of global tech19 nical standards, including with respect 

20 to artificial intelligence and cybersecu21 rity. 

22 (3) REPORT TO CONGRESS.—Not later than 2 

23 years after the date of the enactment of this Act, the 

24 Director shall submit to the Committee on Com25 merce, Science, and Transportation of the Senate 


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1 and the Committee on Science, Space, and Tech2 nology of the House of Representatives a report 

3 summarizing the results of outreach and meetings 

4 conducted under this subsection. 

5 (4) AUTHORIZATION OF APPROPRIATIONS.— 

6 There are authorized to be appropriated for each of 

7 fiscal years 2022 through 2026, $80,000,000 to 

8 carry out this subsection. 

9 (i) RESEARCH AND EDUCATION PROGRAM ON ARTI10 FICIAL INTELLIGENCE AND ARTIFICIAL INTELLIGENCE

11 ENGINEERING.— 

12 (1) IN GENERAL.—As part of the Initiative, the 

13 Director of the National Science Foundation shall 

14 establish and implement a research and education 

15 program on artificial intelligence and artificial intel16 ligence engineering. 

17 (2) PROGRAM ELEMENTS.—In carrying out the 

18 program required by paragraph (1), the Director 

19 shall— 

20 (A) continue to support interdisciplinary 

21 research on, and human resources development 

22 in, all aspects of science and engineering with 

23 respect to artificial intelligence, including— 

24 (i) algorithm accountability; 


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1 (ii) minimization of inappropriate bias 

2 in training data sets or algorithmic feature 

3 selection; 

4 (iii) qualitative and quantitative fore5 casting of future capabilities and applica6 tions; and 

7 (iv) societal and ethical implications of 

8 artificial intelligence; 

9 (B) use existing authorities and programs 

10 and collaborate with other Federal agencies— 

11 (i) to improve teaching and learning 

12 in science and engineering with respect to 

13 artificial intelligence during the primary, 

14 secondary, undergraduate, graduate, post15 graduate, adult learning, and career re16 training stages of education; 

17 (ii) to increase participation in artifi18 cial intelligence fields, including by individ19 uals identified in sections 33 and 34 of the 

20 Science and Engineering Equal Opportuni21 ties Act (42 U.S.C. 1885a, 1885b); 

22 (iii) to formulate goals for education 

23 activities in engineering and research with 

24 respect to artificial intelligence to be sup25 ported by the National Science Foundation 


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1 related to topics important to the Initia2 tive, including— 

3 (I) algorithm accountability; 

4 (II) algorithm explainability; 

5 (III) algorithm trustworthiness; 

6 (IV) algorithmic forecasting; 

7 (V) consumer data privacy; 

8 (VI) assessment and minimiza9 tion of inappropriate bias in training 

10 data and output; and 

11 (VII) societal and ethical implica12 tions of the use of artificial intel13 ligence; 

14 (iv) to engage with institutions of 

15 higher education, research communities, 

16 potential users of information produced 

17 under this subsection, entities in the pri18 vate sector, and non-Federal entities— 

19 (I) to leverage the collective body 

20 of knowledge from existing research 

21 and education activities with respect 

22 to artificial intelligence and artificial 

23 intelligence engineering; and 

24 (II) to support partnerships 

25 among institutions of higher education 


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1 and industry that facilitate collabo2 rative research, personnel exchanges, 

3 and workforce development with re4 spect to artificial intelligence and arti5 ficial intelligence engineering; 

6 (v) to coordinate research efforts with 

7 respect to artificial intelligence and artifi8 cial intelligence engineering funded 

9 through existing programs across the di10 rectorates of the National Science Founda11 tion; 

12 (vi) to ensure adequate access to re13 search and education infrastructure with 

14 respect to artificial intelligence and artifi15 cial intelligence engineering, including 

16 through development of hardware and fa17 cilitation of the use of computing re18 sources, including cloud-based computing 

19 services; and 

20 (vii) to increase participation rates in 

21 research and education on artificial intel22 ligence among underrepresented commu23 nities by engaging with minority-serving 

24 institutions. 


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1 (3) GRADUATE TRAINEESHIPS.—In carrying 

2 out the program required by paragraph (1), the Di3 rector may provide traineeships to graduate students 

4 at institutions of higher education who— 

5 (A) are United States nationals or aliens 

6 lawfully admitted for permanent residence in 

7 the United States; and 

8 (B) choose to pursue masters or doctoral 

9 degrees in artificial intelligence or artificial in10 telligence engineering. 

11 (j) MULTIDISCIPLINARY CENTERS FOR ARTIFICIAL

12 INTELLIGENCE RESEARCH AND EDUCATION.— 

13 (1) IN GENERAL.—The Director of the National 

14 Science Foundation, in consultation with the heads 

15 of other appropriate Federal agencies, shall award 

16 grants to eligible entities to establish up to 10 re17 search and education centers (each referred to in 

18 this subsection as a ‘‘Center’’) to conduct research 

19 and education activities in support of the Initiative. 

20 Each Center established pursuant to such a grant 

21 shall be known as a ‘‘Multidisciplinary Center for 

22 Artificial Intelligence Research and Education’’. 

23 (2) ELIGIBLE ENTITIES.—For purposes of this 

24 subsection, an eligible entity is any entity as follows: 

25 (A) An institution of higher education. 


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1 (B) A relevant nonprofit organization. 

2 (C) A consortium of entities that consists 

3 of— 

4 (i) two or more entities specified in 

5 subparagraphs (A) through (C); or 

6 (ii) at least one entity specified in 

7 such paragraphs and a relevant private 

8 sector organization that is not a nonprofit 

9 organization. 

10 (3) MINIMUM NUMBER OF GRANTS FOR CER11 TAIN PURPOSES.— 

12 (A) K–12 EDUCATION.—Not less than 1 

13 grant under this subsection shall be for a Cen14 ter with the primary purpose of conducting re15 search on how best to integrate artificial intel16 ligence into K–12 education. 

17 (B) MINORITY-SERVING INSTITUTION.— 

18 Not less than 1 grant under this subsection 

19 shall be for a Center located at a minority-serv20 ing institution. 

21 (4) APPLICATION.—An eligible entity seeking a 

22 grant under this subsection shall submit an applica23 tion to the Director at such time, in such manner, 

24 and containing such information as the Director 

25 may require. The application shall include— 


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1 (A) a plan for the proposed Center— 

2 (i) to work with other research insti3 tutions, emerging research institutions, 

4 and the artificial intelligence industry to 

5 leverage expertise in artificial intelligence, 

6 education and curricula development, and 

7 technology transfer; 

8 (ii) to promote active collaboration 

9 among researchers in multiple disciplines 

10 and across multiple institutions involved in 

11 artificial intelligence research including 

12 physics, engineering, mathematical 

13 sciences, computer and information 

14 science, biological and cognitive sciences, 

15 material science, education, and social and 

16 behavioral sciences (such as industrial-or17 ganizational psychology); 

18 (iii) to integrate into the activities of 

19 such Center consideration of the ethics of 

20 development, technology usage, and data 

21 collection, storage, and sharing (including 

22 training data sets) in connection with arti23 ficial intelligence; 

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1 telligence, including broadening participa2 tion of underrepresented communities; and 

3 (v) to support an innovation eco4 system to work with industry to translate 

5 research of such Center into applications 

6 and products; and 

7 (B) a description of the anticipated long8 term impact of such Center beyond the termi9 nation of support under this subsection. 

10 (5) SELECTION AND DURATION.— 

11 (A) IN GENERAL.—A Center established 

12 using a grant under this subsection may receive 

13 funding under this subsection for a period of 5 

14 years. 

15 (B) EXTENSION.—Such a Center may 

16 apply for, and the Director may grant, an ex17 tension of a grant under this subsection for an 

18 additional 5-year period. 

19 (C) TERMINATION.—The Director may ter20 minate for cause funding under this subsection 

21 for a Center that underperforms. 

22 (6) FUNDING.—The amount provided during 

23 each of fiscal years 2022 through 2026 for a Center 

24 established pursuant to this subsection through a 

25 grant under this subsection shall be $40,000,000. 


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1 (k) RESEARCH AND DEVELOPMENT PROGRAM ON

2 ARTIFICIAL INTELLIGENCE.— 

3 (1) PROGRAM REQUIRED.—As a part of the Ini4 tiative, the Secretary of Energy shall carry out a re5 search and development program on artificial intel6 ligence. 

7 (2) COMPONENTS.—In carrying out the pro8 gram required by paragraph (1), the Secretary 

9 shall— 

10 (A) formulate objectives for research on 

11 artificial intelligence to be supported by the De12 partment of Energy that are consistent with the 

13 Initiative; 

14 (B) leverage the collective body of knowl15 edge from existing research on artificial intel16 ligence; 

17 (C) coordinate research efforts on artificial 

18 intelligence that are funded through existing 

19 programs across the Department; 

20 (D) engage with other Federal agencies, 

21 research communities, and potential users of in22 formation produced under this subsection; 

23 (E) build, maintain, and, to the extent 

24 practicable, make available for use by academic, 

25 government, and private sector researchers the 


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1 computing hardware and software necessary to 

2 carry out the program; and 

3 (F) establish and maintain on an internet 

4 website of the Department available to the pub5 lic a resource center that— 

6 (i) provides current information and 

7 resources on training programs for employ8 ment in artificial intelligence; and 

9 (ii) otherwise serves as a resource for 

10 educational institutions, State and local 

11 workforce development boards, nonprofit 

12 organizations, and apprenticeship pro13 grams seeking to develop and implement 

14 training programs for employment in arti15 ficial intelligence. 

16 (3) RESEARCH CENTERS.— 

17 (A) GRANTS.—In carrying out this sub18 section, the Secretary may award grants to eli19 gible entities to establish and operate up to 10 

20 artificial intelligence research centers (each re21 ferred to in this paragraph as a ‘‘Center’’) for 

22 the purposes described in subparagraph (C). 

23 (B) SELECTION.— 


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1 (i) ELIGIBLE ENTITIES.—For pur2 poses of this paragraph, an eligible entity 

3 is any entity as follows: 

4 (I) An institution of higher edu5 cation. 

6 (II) A relevant nonprofit organi7 zation. 

8 (III) A State or local govern9 ment. 

10 (IV) A National Laboratory or a 

11 federally funded research and develop12 ment center. 

13 (V) A consortium of entities that 

14 consists of— 

15 (aa) two or more entities 

16 specified in subclauses (I) 

17 through (IV); or 

18 (bb) at least one entity spec19 ified in such subclauses and a 

20 relevant private sector organiza21 tion that is not a nonprofit orga22 nization. 

23 (ii) COMPETITIVE AWARD.—Except as 

24 provided in clause (iii), grants under this 


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1 paragraph shall be awarded through a 

2 competitive, merit-reviewed process. 

3 (iii) NATIONAL SECURITY LABORA4 TORY.—At least 1 grant under this para5 graph shall be awarded to a national secu6 rity laboratory of the National Nuclear Se7 curity Administration. 

8 (C) PURPOSES.—The purposes of the Cen9 ters established under this paragraph are— 

10 (i) to serve the needs of the Depart11 ment and such academic, educational, and 

12 private sector entities as the Secretary con13 siders appropriate; 

14 (ii) to advance research and education 

15 in artificial intelligence and facilitate im16 provement in the competitiveness of the 

17 United States; 

18 (iii) to provide access to computing re19 sources to promote scientific progress and 

20 enable users from institutions of higher 

21 education, other educational institutions, 

22 the National Laboratories, and the artifi23 cial intelligence industry— 


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1 (I) to make scientific discoveries 

2 relevant to research in artificial intel3 ligence; 

4 (II) to conduct research to accel5 erate scientific breakthroughs in 

6 science and technology with respect to 

7 artificial intelligence; 

8 (III) to support research con9 ducted under this paragraph; and 

10 (IV) to increase the distribution 

11 of research infrastructure and broad12 en the spectrum of students exposed 

13 to research in artificial intelligence at 

14 institutions of higher education (in15 cluding emerging research institu16 tions); and 

17 (iv) to ensure that artificial intel18 ligence techniques and their applications 

19 serve the social and national interest, espe20 cially with regards to maintaining privacy 

21 and accountability. 

22 (D) COORDINATION.—The Secretary shall 

23 ensure the coordination of, and avoid unneces24 sary duplication of, the activities of each Center 

25 under this paragraph with the activities of— 


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1 (i) other research entities of the De2 partment, including the Nanoscale Science 

3 Research Centers, the Energy Frontier Re4 search Centers, and the Energy Innovation 

5 Hubs; and 

6 (ii) the artificial intelligence industry. 

7 (E) DURATION.— 

8 (i) IN GENERAL.—Any Center selected 

9 and established pursuant to this paragraph 

10 is authorized to carry out activities for a 

11 period of 5 years. 

12 (ii) EXTENSION.—Such a Center may 

13 apply for, and the Director may grant, an 

14 extension of a grant under this paragraph 

15 for an additional 5-year period. 

16 (iii) TERMINATION.—Consistent with 

17 existing authorities of the Department, the 

18 Secretary may terminate for cause a Cen19 ter that underperforms during the per20 formance period. 

21 (F) AUTHORIZATION OF APPROPRIA22 TIONS.—There are authorized to be appro23 priated for each of fiscal years 2022 through 

24 2026 for the Department of Energy, such sums 

25 as may be necessary such that $40,000,000 is 


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1 available for each Center established pursuant 

2 to this paragraph during such fiscal year. 

3 SEC. 135. REBUILD MANUFACTURING REGIONS AS NEW 

4 CRITICAL TECHNOLOGY HUBS. 

5 (a) MANUFACTURING REGIONS REVIVAL PRO6 GRAM.— 

7 (1) IN GENERAL.—The Secretary of Commerce, 

8 acting through the Assistant Secretary of Commerce 

9 for Economic Development, shall establish a pro10 gram to be known as the ‘‘Manufacturing Regions 

11 Revival Program’’ (in this subsection referred to as 

12 the ‘‘Program’’) to strengthen the capacity of the 

13 United States for manufacturing critical tech14 nologies and critical supplies through comprehensive 

15 investment in the buildout of regional industrial 

16 commons. 

17 (2) PARTNERSHIP TO SUPPORT MANUFAC18 TURING CRITICAL TECHNOLOGIES.—The Program 

19 shall include a cross-Federal Government partner20 ship with regions to expand manufacturing of crit21 ical technologies using long-term planning, capacity 

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1 force training and technical education, capital ac2 cess, supply chain development, and export services. 

3 (3) DESIGNATION AND SUPPORT OF REGIONAL

4 CONSORTIUMS.— 

5 (A) IN GENERAL.—In carrying out the 

6 Program, the Secretary shall designate at least 

7 50 regional consortiums through a competitive 

8 process and provide support to such consor9 tiums to enable activities described in para10 graph (2) focused on critical technologies as 

11 part of implementing inclusive, integrated, and 

12 sustainable regional economic development 

13 plans. 

14 (B) PERIOD.—Each designation under 

15 subparagraph (A) shall be for 5 years with a 

16 process for consideration of renewal of up to 5 

17 more years. 

18 (C) REQUIREMENTS.—Each consortium 

19 designated under subparagraph (A) shall— 

20 (i) coordinate with the Hollings Man21 ufacturing Extension Partnership; and 

22 (ii) prioritize economic development 

23 activities that— 

24 (I) support the scaling of domes25 tic production of federally funded and 


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1 non-federally funded research and de2 velopment of critical technologies, in3 cluding support for startups, small 

4 and midsized businesses, and busi5 nesses owned by socially and economi6 cally disadvantaged, formerly incarcer7 ated individuals, women, veterans, and 

8 other underserved populations; 

9 (II) support improvement in the 

10 security and resiliency of supply 

11 chains related to critical technologies 

12 and supplies critical to the crisis pre13 paredness of the United States, such 

14 as medical supplies, personal protec15 tive equipment, disaster response ne16 cessities, electrical generation tech17 nology, materials essential to infra18 structure repair and renovation, and 

19 other supplies, through activities in20 cluding the reshoring of manufac21 turing operations and the adoption of 

22 technologies to improve domestic man23 ufacturing competitiveness; 

24 (III) enhance opportunities for 

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1 ily-sustaining wages and benefits, in2 cluding a focus on such opportunities 

3 for socially and economically dis4 advantaged individuals, formerly in5 carcerated individuals, women, vet6 erans, and distressed communities; 

7 and 

8 (IV) support investment in dis9 located and incumbent workers lead10 ing to jobs with family sustaining 

11 wages and benefits and high-road 

12 labor practices, including coordination 

13 with labor organizations on strategies 

14 and initiatives to help workers adapt 

15 to and benefit from technological 

16 change and to ensure job quality as 

17 part of any outcomes from the activi18 ties. 

19 (4) ELIGIBLE CONSORTIA.—To be eligible for 

20 designation as a regional consortium under para21 graph (3)(A), a consortium— 

22 (A) shall include— 

23 (i) 1 or more institutions of higher 

24 education; 


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1 (ii) a local or Tribal government or 

2 other political subdivision of a State; 

3 (iii) a representative appointed by the 

4 Governor of the State or States that is 

5 representative of the consortium’s geo6 graphic coverage; 

7 (iv) an economic development organi8 zation or similar entity that is focused pri9 marily on improving science, technology, 

10 innovation, and manufacturing; and 

11 (v) a labor organization; and 

12 (B) may include— 

13 (i) a nonprofit economic development 

14 entity with relevant expertise, including a 

15 district organization (as defined in section 

16 300.3 of title 13, Code of Federal Regula17 tions, or successor regulation); 

18 (ii) a venture development organiza19 tion; 

20 (iii) a financial institution and inves21 tor funds; 

22 (iv) a primary or secondary edu23 cational institution, including a career or 

24 technical education school; 


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1 (v) a workforce training organization, 

2 including a State workforce development 

3 board as established under section 101 of 

4 the Workforce Investment and Opportunity 

5 Act (29 U.S.C. 3111) and a community6 based organization that focuses on support 

7 for underserved and underrepresented pop8 ulations; 

9 (vi) an industry association; 

10 (vii) a firm in a critical technology or 

11 critical supply area; 

12 (viii) a national laboratory or a Fed13 eral laboratory; 

14 (ix) a Center (as defined in section 

15 25(a) of the National Institute of Stand16 ards and Technology Act (15 U.S.C. 

17 278k(a)); and 

18 (x) a Manufacturing USA institute 

19 (as described in section 34(d) of the Na20 tional Institute of Standards and Tech21 nology Act (15 U.S.C. 278s(d))). 

22 (5) COORDINATION WITH MANUFACTURING USA

23 INSTITUTES.—The Secretary shall coordinate the ac24 tivities of consortia designated under paragraph (3) 

25 and the activities of the Manufacturing USA ProVerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629

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1 gram and the Manufacturing USA institutes, if ap2 plicable. 

3 (6) MATCHING REQUIREMENT.— 

4 (A) IN GENERAL.—A consortium receiving 

5 support under paragraph (3) shall provide non6 Federal matching funds equal to not less than 

7 25 percent of the amount of the support re8 ceived under such paragraph. 

9 (B) IN-KIND SUPPORT.—Matching funds 

10 may include in-kind support. 

11 (7) GEOGRAPHIC DISTRIBUTION.— 

12 (A) IN GENERAL.—In conducting the com13 petitive process under paragraph (3), the Sec14 retary shall ensure geographic distribution in 

15 the designation of regional consortiums— 

16 (i) aiming to designate regional con17 sortia in as many regions of the United 

18 States as possible; 

19 (ii) focusing on regions that have 

20 clear potential and relevant assets for de21 veloping a critical technology but have not 

22 yet become leading technology centers; and 

23 (iii) developing priority scoring cri24 teria for making awards that give extra 

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1 ingful collaboration with distressed or 

2 deindustrialized areas within the identified 

3 region, including rural areas within the 

4 identified region. 

5 (B) SPANNING STATES.—A regional con6 sortium designated under paragraph (3) may 

7 include multiple States. 

8 (8) INTERAGENCY COLLABORATION.—In car9 rying out the Program, the Secretary— 

10 (A) shall collaborate with Federal depart11 ments and agencies whose missions contribute 

12 to the goals of consortia designated under para13 graph (3); 

14 (B) may accept funds from other Federal 

15 agencies to support grants and activities under 

16 this subsection; and 

17 (C) may coordinate with other Federal de18 partments or agencies to conduct outreach and 

19 provide technical assistance to consortia des20 ignated under paragraph (3) to consider appli21 cation for other relevant financial assistance 

22 available across the Federal Government. 

23 (9) AUTHORIZATION OF APPROPRIATIONS.— 

24 There is authorized to be appropriated to carry out 


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1 this subsection $550,000,000 for the period of fiscal 

2 years 2021 through 2025. 

3 (b) AUTHORIZATION OF APPROPRIATIONS FOR DE4 FENSE MANUFACTURING COMMUNITIES PROGRAM.— 

5 (1) IN GENERAL.—In order to strengthen the 

6 national security innovation base in critical tech7 nologies, there are authorized to be appropriated to 

8 carry out the Defense Manufacturing Community 

9 Support Program under section 846 of the John S. 

10 McCain National Defense Authorization Act for Fis11 cal Year 2019 (Public Law 115–232; 10 U.S.C. 

12 2501 note) amounts as follows: 

13 (A) $26,750,000 for fiscal year 2021. 

14 (B) $28,623,000 for fiscal year 2022. 

15 (C) $30,627,000 for fiscal year 2023. 

16 (D) $32,771,000 for fiscal year 2024. 

17 (E) $35,065,000 for fiscal year 2025. 

18 (2) SUPPLEMENT, NOT SUPPLANT.—The 

19 amounts authorized to be appropriated under para20 graphs (1) shall supplement and not supplant 

21 amounts already appropriated for the purposes de22 scribed in such paragraph. 

23 SEC. 136. STRENGTHENING DOMESTIC SUPPLY CHAINS. 

24 (a) FINDINGS.—Congress makes the following find25 ings: 


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1 (1) The COVID–19 public health crisis has ex2 posed key dependencies and reliance on foreign sup3 pliers for critical goods and inputs in the medical 

4 supply chain. 

5 (2) The United States faces gaps in domestic 

6 supply chain resilience in critical technologies, such 

7 as microelectronics, that are a threat to national and 

8 economic security. 

9 (3) The Hollings Manufacturing Extension 

10 Partnership plays an important role in helping do11 mestic small- and medium-sized manufacturers be 

12 more globally competitive and strengthen domestic 

13 supply chains. 

14 (4) Despite this role, the United States under15 invests in the Hollings Manufacturing Extension 

16 Partnership relative to historic Federal funding lev17 els for the program and compared to investments in 

18 similar manufacturing extension centers by competi19 tors of the United States. 

20 (5) To respond to reliance on foreign suppliers 

21 that make the United States vulnerable in emer22 gencies and that threatens national security, a major 

23 Federal commitment to the Hollings Manufacturing 

24 Extension Partnership and related manufacturing 

25 intermediary services is required. 


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1 (b) REQUIREMENTS RELATING TO HOLLINGS MANU2 FACTURING EXTENSION PARTNERSHIP.—The Secretary 

3 of Commerce, acting through the Director of the National 

4 Institute of Standards and Technology and the Hollings 

5 Manufacturing Extension Partnership, shall— 

6 (1) expand services to align the entire Hollings 

7 Manufacturing Extension Partnership that provides 

8 industry-wide support that assists United States 

9 manufacturers with reshoring manufacturing to 

10 strengthen the resiliency of domestic supply chains, 

11 including in critical technology areas and 

12 foundational manufacturing capabilities that are key 

13 to domestic manufacturing competitiveness and resil14 iency, including forming, casting, machining, joining, 

15 surface treatment, and tooling; 

16 (2) in coordination with the Industrial Tech17 nology Assistance program of the Department of 

18 Energy, assist manufacturers with energy efficiency 

19 or carbon reduction improvements; 

20 (3) assist manufacturers with improvements to 

21 cybersecurity and technology adoption, including the 

22 use of artificial intelligence, robotics, 3D printing, 

23 cloud computing, and other digital technologies to 

24 improve competitiveness; 


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1 (4) support programming at the Centers under 

2 section 25 of the National Institute of Standards 

3 and Technology Act (15 U.S.C. 278k) to provide co4 ordinating services on workforce training, including 

5 connecting manufacturers with career and technical 

6 education entities, institutions of higher education 

7 (including community colleges), labor organizations, 

8 and job training providers to develop training to 

9 upskill incumbent workers and to provide training 

10 and job placement services to new workers; 

11 (5) expand advanced manufacturing technology 

12 services to small- and medium-sized manufacturers 

13 pursuant to section 25A of the National Institute of 

14 Standards and Technology Act (15 U.S.C. 278k–1), 

15 including services for the adoption of smart manu16 facturing technologies and practices and technologies 

17 developed by Manufacturing USA institutes (as de18 scribed in section 34(d) of the National Institute of 

19 Standards and Technology Act (15 U.S.C. 

20 278s(d))); and 

21 (6) build capabilities across the Hollings Manu22 facturing Extension Partnership for reshoring sup23 ply chains in critical technologies and supplies and 

24 key manufacturing processes, including expanded ca25 pacity for researching and deploying information on 


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1 supply chain risk, hidden costs of reliance on off2 shore suppliers, redesigning products and processes 

3 to encourage reshoring, and other relevant topics. 

4 (c) WAIVER OF HOLLINGS MANUFACTURING EXTEN5 SION PARTNERSHIP COST-SHARE REQUIREMENTS FOR

6 STATES.—During fiscal year 2021 and 2022, subsections 

7 (e)(2) and (f)(3) of section 25 of the National Institute 

8 of Standards and Technology Act (15 U.S.C. 278k) shall 

9 not apply to a Center (as defined in subsection (a) of such 

10 section) that is operated by a State and no Federal cost11 share requirements shall apply to any funds appropriated 

12 pursuant to the authorizations of appropriations in para13 graphs (2) and (3) of subsection (e). 

14 (d) AUTHORIZATION OF APPROPRIATIONS.— 

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

16 appropriated to carry out subsection (b) 

17 $600,000,000 for fiscal year 2021 and for each fis18 cal year thereafter. 

19 (2) DEPLOYMENT OF ADVANCED MANUFAC20 TURING TECHNOLOGIES.—Of the amounts appro21 priated pursuant to the authorization in paragraph 

22 (1), $50,000,000 shall be available in each fiscal 

23 year to carry out subsection (b)(4). 

24 (3) SUPPLY CHAIN RESEARCH CAPABILITIES.— 

25 Of the amounts appropriated pursuant to the auVerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629

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1 thorization in paragraph (1), $10,000,000 shall be 

2 available each fiscal year to carry out subsection 

3 (b)(6). 

4 SEC. 137. DEVELOPMENT OF DATA AND POLICY REC5 OMMENDATIONS FOR IMPROVED DOMESTIC 

6 SUPPLY CHAIN RESILIENCY. 

7 (a) STUDY REQUIRED.—Not later than 30 days after 

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

9 Commerce shall seek to enter into an agreement with the 

10 National Academies of Sciences, Engineering, and Medi11 cine (referred to in this section as the ‘‘National Acad12 emies’’) under which the National Academies will conduct 

13 a study on— 

14 (1) tools and processes for the Federal Govern15 ment to collect comprehensive data on supply chains 

16 across sectors for use in strengthening the resiliency 

17 of domestic supply chains, including recommenda18 tions for maintaining confidentiality of responses 

19 from companies, protections of proprietary informa20 tion, and ways of collecting such data that would not 

21 be burdensome for respondents to ensure wide in22 dustry participation; 

23 (2) ways in which such data should be updated 

24 on a regular basis and accessible for research and 

25 evaluation purposes for the Federal Government; 


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1 (3) the development of policies and procedures 

2 for the Federal Government to use data on supply 

3 chains for activities to strengthen the resiliency of 

4 domestic supply chains, including the use of data— 

5 (A) to identify and respond to shortages in 

6 materials or services caused by natural disas7 ters and other emergencies; 

8 (B) to provide early warning of 

9 vulnerabilities in supply chains; 

10 (C) to facilitate the growth of new indus11 tries by identifying firms whose capabilities 

12 could contribute to the supply chains of these 

13 new industries; 

14 (D) to research effective ways of selecting 

15 and managing suppliers, including methods of 

16 evaluating a supplier’s total cost of ownership 

17 or total value contribution; 

18 (E) to coordinate domestic supply chains 

19 for the purposes of achieving Buy America and 

20 Buy American Federal requirements and do21 mestic manufacturing requirements for feder22 ally funded intellectual property included in the 

23 chapter 18 of title 35, United States Code 

24 (commonly known as the ‘‘Bayh-Dole Act’’), 


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1 and Stevenson-Wydler Act of 1980 (15 U.S.C. 

2 3701 et seq.); and 

3 (F) to reshore companies critical to domes4 tic supply chain resiliency in critical materials 

5 and technologies; 

6 (4) recommendations on types of data useful to 

7 Federal Government policies and procedures for 

8 strengthening the resiliency of domestic supply 

9 chains; and 

10 (5) models for establishing and maintaining 

11 networks critical to resilient domestic supply chains 

12 to ensure the collection and use of data that may be 

13 made up of stakeholders that may include— 

14 (A) private firms; 

15 (B) institutions of higher education; 

16 (C) labor and community organizations; 

17 (D) trade associations; 

18 (E) lenders and investors; and 

19 (F) Federal, State, and local agencies. 

20 (b) COORDINATION.—In carrying out the study re21 quired by subsection (a), the National Academies shall co22 ordinate with the heads of relevant Federal agencies, in23 cluding the Secretary of Commerce, the Secretary of De24 fense, the Secretary of Energy, the Administrator of the 

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1 culture, the Secretary of Transportation, the Secretary of 

2 the Treasury, the Secretary of Health and Human Serv3 ices, and such others as the National Academies considers 

4 necessary to carry out the study. 

5 (c) INITIAL REPORT.—Not later than 90 days after 

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

7 Commerce shall submit to the President and the appro8 priate congressional committees an initial report that in9 cludes— 

10 (1) the findings of the National Academies with 

11 respect to the study conducted under subsection (a); 

12 and 

13 (2) such recommendations as the National 

14 Academies may have for legislative or administrative 

15 action to improve the collection and use of data to 

16 strengthen the resiliency of domestic supply chains 

17 across industry sectors. 

18 (d) FINAL REPORT.—Not later than 180 days after 

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

20 Commerce shall submit to the President and the appro21 priate congressional committees a comprehensive report 

22 on the findings of the National Academies with respect 

23 to the study required by subsection (a). 

24 (e) FORM OF REPORTS.—The reports submitted to 

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1 sections (b) and (c) shall be submitted in unclassified 

2 form, but may include a classified annex. 

3 SEC. 138. CAPITAL INVESTMENT FOR DOMESTIC PRODUC4 TION. 

5 (a) DEFINITIONS.—In this section: 

6 (1) COMPANY.—The term ‘‘company’’ has the 

7 meaning given such term in section 847 of the Na8 tional Defense Authorization Act for Fiscal Year 

9 2020 (Public Law 116–92). 

10 (2) DOMESTIC.—The term ‘‘domestic’’ means a 

11 company incorporated or formed in the United 

12 States— 

13 (A) that is not under foreign ownership, 

14 control, or influence (FOCI); 

15 (B) whose beneficial owners are United 

16 States persons; 

17 (C) whose management are United States 

18 citizens; 

19 (D) whose principal place of business is in 

20 the United States; and 

21 (E) who is not— 

22 (i) a foreign incorporated entity that 

23 is an inverted domestic corporation or any 

24 subsidiary of such entity; or 


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1 (ii) any joint venture if more than 10 

2 percent of the joint venture (by vote or 

3 value) is held by a foreign incorporated en4 tity that is an inverted domestic corpora5 tion or any subsidiary of such entity. 

6 (b) AUTHORIZATIONS OF APPROPRIATIONS FOR DE7 PARTMENT OF DEFENSE PROGRAMS TO SUPPORT DE8 VELOPMENT AND PRODUCTION OF CRITICAL TECH9 NOLOGIES.—To support the commercialization of federally 

10 funded research and development and the scaling of do11 mestic production of critical technologies and supplies, 

12 there are authorized to be appropriated amounts as fol13 lows: 

14 (1) NATIONAL SECURITY INNOVATION CAPITAL

15 PROGRAM.—For the National Security Innovation 

16 Capital program under section 230 of the John S. 

17 McCain National Defense Authorization Act for Fis18 cal Year 2019 (Public Law 115–232; 10 U.S.C. 

19 2358 note), including investment to scale domestic 

20 production of research and technology development 

21 of dual-use critical technologies, the following 

22 amounts: 

23 (A) For fiscal year 2021, $15,000,000. 

24 (B) For fiscal year 2022, $16,050,000. 

25 (C) For fiscal year 2023, $17,174,000. 


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1 (D) For fiscal year 2024, $18,376,000. 

2 (E) For fiscal year 2025, $19,662,000. 

3 (2) RAPID INNOVATION PROGRAM.—To carry 

4 out the Rapid Innovation Program (RIP) under sec5 tion 1073 of the Ike Skelton National Defense Au6 thorization Act for Fiscal Year 2011 (Public Law 

7 111–383; 10 U.S.C. 2359a note), the following 

8 amounts: 

9 (A) For fiscal year 2021, $250,000,000. 

10 (B) For fiscal year 2022, $267,500,000. 

11 (C) For fiscal year 2023, $286,250,000. 

12 (D) For fiscal year 2024, $306,261,000. 

13 (E) For fiscal year 2025, $327,699,000. 

14 (3) TITLE III OF THE DEFENSE PRODUCTION

15 ACT.—To carry out title III of the Defense Produc16 tion Act (50 U.S.C. 4531 et seq.), the following 

17 amounts: 

18 (A) For fiscal year 2021, $100,000,000. 

19 (B) For fiscal year 2022, $100,000,000. 

20 (C) For fiscal year 2023, $200,000,000. 

21 (D) For fiscal year 2024, $300,000,000. 

22 (E) For fiscal year 2025, $300,000,000. 

23 (4) INDUSTRIAL BASE ANALYSIS AND

24 SUSTAINMENT.—To carry out the Industrial Base 

25 Analysis and Sustainment program under section 


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1 2508 of title 10, United States Code, the following 

2 amounts: 

3 (A) For fiscal year 2021, $111,335,000. 

4 (B) For fiscal year 2022, $119,128,000. 

5 (C) For fiscal year 2023, $127,467,000. 

6 (D) For fiscal year 2024, $136,390,000. 

7 (E) For fiscal year 2025, $145,937,000. 

8 (5) MANUFACTURING TECHNOLOGY PRO9 GRAM.—To carry out the Manufacturing Technology 

10 Program under subchapter IV of chapter 148 of title 

11 10, United States Code, the following amounts: 

12 (A) For fiscal year 2021, $140,080,000. 

13 (B) For fiscal year 2022, $149,886,000. 

14 (C) For fiscal year 2023, $160,378,000. 

15 (D) For fiscal year 2024, $171,604,000. 

16 (E) For fiscal year 2025, $183,616,000. 

17 (c) SUPPLEMENT, NOT SUPPLANT.—The amounts 

18 authorized to be appropriated under paragraphs (1) 

19 through (5) of subsection (b) shall supplement and not 

20 supplant amounts already appropriated for the purposes 

21 described in such paragraphs. 

22 (d) FOCUS ON STARTUP, SMALL, AND MID-SIZED

23 COMPANIES.—The Secretary of Defense shall establish 

24 policies to focus funding authorized under this section to 

25 meet the needs of startup, small, and mid-sized companies 


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1 in commercializing Federal research and development and 

2 scaling domestic manufacturing. 

3 SEC. 139. IMPROVED PROCESS FOR PREFERENCE FOR DO4 MESTIC MANUFACTURING OF TECH5 NOLOGIES DEVELOPED AT GOVERNMENT EX6 PENSE. 

7 (a) TITLE 35, UNITED STATES CODE.—Section 204 

8 of title 35, United States Code, is amended— 

9 (1) in the first sentence, by striking ‘‘Notwith10 standing any other provision of this chapter,’’ and 

11 inserting the following: 

12 ‘‘(a) IN GENERAL.—Notwithstanding any other pro13 vision of this chapter, and subject to subsection (b),’’; 

14 (2) by striking the second sentence; and 

15 (3) by adding at the end the following: 

16 ‘‘(b) WAIVERS.— 

17 ‘‘(1) IN GENERAL.—In individual cases, and 

18 consistent with the policies and procedures developed 

19 under paragraph (2), the requirement for an agree20 ment described in subsection (a) may be waived 

21 upon a showing by the applicable small business 

22 firm, nonprofit organization, or assignee that rea23 sonable but unsuccessful efforts have been made to 

24 grant licenses on similar terms to potential licensees 

25 that would be likely to manufacture substantially in 


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1 the United States or that under the circumstances 

2 domestic manufacture is not commercially feasible. 

3 ‘‘(2) IMPLEMENTATION.—The Secretary of 

4 Commerce shall develop policies and procedures that, 

5 to the greatest extent practicable, promote uni6 formity with respect to the issuance of a waiver 

7 under paragraph (1), which shall include the fol8 lowing: 

9 ‘‘(A) Policies and procedures to promote 

10 transparency and clarity with respect to the 

11 issuance of those waivers, including the means 

12 by which a small business firm, nonprofit orga13 nization, or assignee described in that para14 graph may make the showing required under 

15 that paragraph. 

16 ‘‘(B) The development of a Government17 wide application process through which waivers 

18 are issued under that paragraph, which shall 

19 require— 

20 ‘‘(i) the person seeking the waiver to 

21 submit to the Federal agency under whose 

22 funding agreement the applicable subject 

23 invention was made a request for the waiv24 er; 


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1 ‘‘(ii) the Federal agency to which a 

2 request is submitted under clause (i) to 

3 forward that request to the Secretary; and 

4 ‘‘(iii) the Secretary, during the 120- 

5 day period beginning on the date on which 

6 the Secretary receives the request under 

7 clause (ii), to— 

8 ‘‘(I) consult with the Federal 

9 agency forwarding the request, and 

10 any other Federal agency the Sec11 retary determines appropriate, regard12 ing whether the waiver should be 

13 issued; and 

14 ‘‘(II) determine whether to issue 

15 the waiver, taking into consideration 

16 the consultation required under sub17 clause (I). 

18 ‘‘(C) Policies and procedures to— 

19 ‘‘(i) collect information from the per20 son seeking the waiver on the capabilities 

21 required of the applicable licensee to man22 ufacture in the United States; and 

23 ‘‘(ii) before issuing the waiver, utilize 

24 the information collected under clause (i) 

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1 ufacturing Extension Partnership estab2 lished under section 25(b) of the National 

3 Institute of Standards and Technology Act 

4 (15 U.S.C. 278k(b)) and other relevant 

5 Federal programs, identify domestic manu6 facturers that are capable and willing to 

7 manufacture in the United States the ap8 plicable product that embodies the subject 

9 invention (or that is produced through the 

10 use of the subject invention). 

11 ‘‘(c) REPORTS.—Not later than 1 year after the date 

12 of enactment of this subsection, and annually thereafter, 

13 the Secretary of Commerce shall submit to Congress a re14 port regarding the issuance of waivers under subsection 

15 (b), which shall include— 

16 ‘‘(1) the total number of those waivers issued 

17 during the period covered by the report, which shall 

18 include, for each such waiver, an identification of— 

19 ‘‘(A) the nation in which the applicable 

20 product that embodies the subject invention (or 

21 that is produced through the use of the subject 

22 invention) will be substantially manufactured; 

23 and 


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1 ‘‘(B) the Federal agency under whose 

2 funding agreement the applicable subject inven3 tion was made; 

4 ‘‘(2) the total number of requests submitted 

5 under subsection (b)(2)(B)(i) during the period cov6 ered by the report; and 

7 ‘‘(3) during the period covered by the report, a 

8 breakdown of the number of requests that each Fed9 eral agency received under subsection (b)(2)(B)(i).’’. 

10 (b) STEVENSON-WYDLER TECHNOLOGY INNOVATION

11 ACT OF 1980.— 

12 (1) IN GENERAL.—Section 12(c)(4) of the Ste13 venson-Wydler Technology Innovation Act of 1980 

14 (15 U.S.C. 3710a(c)(4)) is amended— 

15 (A) by redesignating subparagraphs (A) 

16 and (B) as clauses (i) and (ii), respectively; 

17 (B) in the matter preceding clause (i), as 

18 so redesignated, by inserting ‘‘(A)’’ after ‘‘(4)’’; 

19 and 

20 (C) by adding at the end the following: 

21 ‘‘(B) The Secretary shall develop policies and proce22 dures that, to the greatest extent practicable, promote uni23 formity across the Federal Government with respect to the 

24 implementation of subparagraph (A).’’. 


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1 (2) TECHNICAL AND CONFORMING AMEND2 MENT.—Section 12(b)(1)(C)(iii) of the Stevenson3 Wydler Technology Innovation Act of 1980 (15 

4 U.S.C. 3710a(b)(1)(C)(iii)) is amended by striking 

5 ‘‘subsection (c)(4)(B)’’ and inserting ‘‘subsection 

6 (c)(4)(A)(ii)’’. 

7 SEC. 140. COMPARATIVE ANALYSIS OF CHINESE AND 

8 UNITED STATES INVESTMENTS IN RESEARCH 

9 AND MANUFACTURING IN AREAS CRITICAL 

10 TO THE NATIONAL DEFENSE STRATEGY. 

11 (a) IN GENERAL.—The Secretary of Defense shall 

12 conduct a comparative assessment of the budgets and in13 vestment programs in each critical technology area sup14 porting the National Defense Strategy of the United 

15 States and the People’s Republic of China and provide to 

16 the congressional defense committees, not later than 180 

17 days after the date of the enactment of this Act, a report 

18 on the assessment, in both classified and unclassified form 

19 as necessary. 

20 (b) ELEMENTS.—The assessment and report re21 quired under subsection (a) shall include the following ele22 ments: 

23 (1) A comparison of investment levels in re24 search and relevant testing and research infrastruc25 ture, manufacturing, prototyping, and procurement 


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1 by government and any relevant private sector orga2 nization. 

3 (2) A comparative assessment of capabilities of 

4 national security systems likely to be in use within 

5 the next 10 years. 

6 SEC. 141. TECHNICAL DATA RIGHTS FOR TECHNOLOGIES 

7 DEVELOPED AT GOVERNMENT EXPENSE 

8 THAT HAVE BEEN TRANSFERRED OVERSEAS 

9 FOR MANUFACTURING AND PRODUCTION. 

10 Section 2320(a)(2)(E) of title 10, United States 

11 Code, is amended— 

12 (1) by redesignating clause (iv) as clause (v); 

13 and 

14 (2) by inserting after clause (iii) the following 

15 new clause: 

16 ‘‘(iv) Enabling the Government to ensure 

17 that to the greatest extent practicable all tech18 nologies and systems under procurement by the 

19 Department of Defense that were developed 

20 with mixed funding be manufactured within the 

21 national technology and industrial base (as that 

22 term is defined in section 2500 of this title) or 

23 with other allied nations and not be provided to 

24 companies (as defined in section 847 of the Na25 tional Defense Authorization Act for Fiscal 


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1 Year 2020 (Public Law 116–92)) under foreign 

2 ownership, control, or influence (as defined in 

3 such section 847), of a malign foreign actor, 

4 unless specifically authorized by the Secretary 

5 of Defense or another provision of law.’’. 

6 SEC. 142. REQUIREMENT TO BUY CERTAIN ARTICLES FROM 

7 UNITED STATES AND FRIENDLY NATION 

8 SOURCES. 

9 (a) DEFINITIONS.—In this section: 

10 (1) BENEFICIAL OWNER; BENEFICIAL OWNER11 SHIP.—The terms ‘‘beneficial owner’’ and ‘‘beneficial 

12 ownership’’ shall be determined in a manner that is 

13 not less stringent than the manner set forth in sec14 tion 240.13d–3 of title 17, Code of Federal Regula15 tions (as in effect on the date of the enactment of 

16 this Act). 

17 (2) COMPANY.—The term ‘‘company’’ means 

18 any corporation, company, limited liability company, 

19 limited partnership, business trust, business associa20 tion, or other similar entity. 

21 (3) COVERED CONTRACTOR.—The term ‘‘cov22 ered contractor’’ means— 

23 (A) a company that is not incorporated or 

24 formed in the United States; 


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1 (B) a company whose management are not 

2 United States citizens; 

3 (C) a company whose principal place of 

4 business is not in the United States; 

5 (D) any foreign incorporated company that 

6 is an inverted domestic corporation or any sub7 sidiary of such company; or 

8 (E) any joint venture if more than 10 per9 cent of the joint venture (by vote or value) is 

10 held by a foreign incorporated company that is 

11 an inverted domestic corporation or any sub12 sidiary of such company. 

13 (4) FOREIGN OWNERSHIP, CONTROL, OR INFLU14 ENCE; FOCI.—The terms ‘‘foreign ownership, con15 trol, or influence’’ and ‘‘FOCI’’ have the meanings 

16 given those terms in the National Industrial Security 

17 Program Operating Manual (DOD 5220.22–M), or 

18 a successor document. 

19 (5) NATIONAL TECHNOLOGY AND INDUSTRIAL

20 BASE.—The term ‘‘national technology and indus21 trial base’’ has the meaning given the term in sec22 tion 2500 of title 10, United States Code. 

23 (b) DOMESTIC SOURCING REQUIREMENT.—The Sec24 retary of Defense shall establish procurement policies to 

25 ensure that, except as provided under subsections (c) 


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1 through (f), or as otherwise provided under law, funds ap2 propriated or otherwise available to the Department of De3 fense may not be used for the procurement of any product, 

4 good, or service from a covered contractor, including con5 tracts, subcontracts, and other transactions for the pro6 curement of commercial products, notwithstanding section 

7 1906 of title 41, United States Code. 

8 (c) WAIVERS TO USE SOURCES IN THE NATIONAL

9 TECHNOLOGY AND INDUSTRIAL BASE.—The Secretary of 

10 Defense shall establish a waiver process to ensure that 

11 products, goods, or services that cannot be procured under 

12 the requirements of subsection (b) in satisfactory quality 

13 and sufficient quantity as and when needed at United 

14 States fair market prices, may be procured as needed for 

15 the specific procurement from companies— 

16 (1) that are not under foreign ownership, con17 trol, or influence (FOCI) of a malign foreign actor; 

18 (2) whose beneficial owners are known to the 

19 Secretary; and 

20 (3) that are in the national technology and in21 dustrial base. 

22 (d) WAIVERS TO USE SOURCES IN OTHER ALLIED

23 OR FRIENDLY NATIONS.—The Secretary of Defense shall 

24 establish a waiver process to ensure that products, goods, 

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1 ments of subsection (b) or subsection (c) in satisfactory 

2 quality and sufficient quantity as and when needed at 

3 United States fair market prices, may be procured from 

4 companies in other allied or friendly nations, as designated 

5 for the specific procurement, so long as the Secretary en6 sures that such company is not under FOCI of a malign 

7 foreign actor or such company is not beneficially owned 

8 by a malign foreign actor. 

9 (e) WAIVER TO USE ALTERNATIVE SOURCES.—The 

10 Secretary of Defense shall establish a waiver process to 

11 ensure that products, goods, or services that cannot be 

12 procured under the requirements of subsection (b), (c), or 

13 (d) in satisfactory quality and sufficient quantity as and 

14 when needed at United States fair market prices, may be 

15 procured from a company, as designated for the specific 

16 procurement. 

17 (f) EXCEPTIONS FOR CERTAIN PROCUREMENTS.— 

18 The requirement under subsection (b) does not apply to 

19 procurements— 

20 (1) outside the United States in support of 

21 combat operations; 

22 (2) of any item in support of contingency oper23 ations or other emergencies; 

24 (3) for which the use of procedures other than 

25 competitive procedures has been approved on the 


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1 basis of section 2304(c)(2) of title 10, United States 

2 Code, relating to unusual and compelling urgency of 

3 need; 

4 (4) for amounts not greater than the simplified 

5 acquisition threshold referred to in section 2304(g) 

6 of such title; or 

7 (5) whose sourcing is limited by other provi8 sions of law, international agreement, or treaty obli9 gations. 

10 (g) REQUIREMENT FOR ACTIVITIES TO ESTABLISH

11 DOMESTIC SOURCES.—If the Secretary of Defense issues 

12 a waiver under subsections (c), (d), or (e), the Secretary 

13 shall, not later than 90 days after issuing the waiver, pro14 vide a notification to the congressional defense committees 

15 of such waiver, along with a justification for the use of 

16 the waiver and a plan to establish domestic sources for 

17 the specific product, good, or service that was the subject 

18 of the waiver, if determined appropriate. 

19 (h) REPORTING ON USE OF WAIVER AUTHORITY.— 

20 The Secretary of Defense shall report to Congress and 

21 post on a public website each fiscal quarter usage of the 

22 waivers authorized under subsections (c), (d), and (e). 


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1 SEC. 143. PROMOTING DOMESTIC PRODUCTION OF TECH2 NOLOGIES DEVELOPED UNDER DEFENSE RE3 SEARCH AND DEVELOPMENT ACTIVITIES. 

4 (a) DEFINITIONS.—In this section: 

5 (1) BENEFICIAL OWNER; BENEFICIAL OWNER6 SHIP.—The terms ‘‘beneficial owner’’ and ‘‘beneficial 

7 ownership’’ shall be determined in a manner that is 

8 not less stringent than the manner set forth in sec9 tion 240.13d–3 of title 17, Code of Federal Regula10 tions (as in effect on the date of the enactment of 

11 this Act). 

12 (2) COMPANY.—The term ‘‘company’’ means 

13 any corporation, company, limited liability company, 

14 limited partnership, business trust, business associa15 tion, or other similar entity. 

16 (3) DOMESTIC.—The term ‘‘domestic’’, with re17 spect to development or production, means develop18 ment or production by, or with respect to source 

19 means the source is, a company incorporated or 

20 formed in the United States— 

21 (A) that is not under foreign ownership, 

22 control, or influence; 

23 (B) whose beneficial owners are United 

24 States persons; 

25 (C) whose management are United States 

26 citizens; 


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1 (D) whose principal place of business is in 

2 the United States; and 

3 (E) who is not— 

4 (i) a foreign incorporated entity that 

5 is an inverted domestic corporation or any 

6 subsidiary of such entity; or 

7 (ii) any joint venture if more than 10 

8 percent of the joint venture (by vote or 

9 value) is held by a foreign incorporated en10 tity that is an inverted domestic corpora11 tion or any subsidiary of such entity. 

12 (4) FOREIGN OWNERSHIP, CONTROL, OR INFLU13 ENCE; FOCI.—The terms ‘‘foreign ownership, con14 trol, or influence’’ and ‘‘FOCI’’ have the meanings 

15 given those terms in the National Industrial Security 

16 Program Operating Manual (DOD 5220.22–M), or 

17 a successor document. 

18 (b) IN GENERAL.—The Secretary of Defense shall es19 tablish policies to promote the domestic production and 

20 for secure supply chains of technologies developed under 

21 section 2358 of title 10, United States Code. 

22 (c) ELEMENTS.—The policies developed under sub23 section (b) shall include the following: 

24 (1) Measures to partner domestic developers of 

25 technologies under defense research and development 


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1 activities with domestic manufacturers and sources 

2 of financing, as well as to assure secure supply chain 

3 management for any non-domestic manufacturers. 

4 (2) Measures to prioritize procurement of tech5 nologies developed under defense research and devel6 opment activities from domestic sources. 

7 (3) Requirements that all contracts, trans8 actions, and agreements entered into under section 

9 2358(b) of title 10, United States Code, shall in10 clude conditions where developers of technologies 

11 under defense research and development activity who 

12 manufacture such technology outside the United 

13 States may be required to refund to the United 

14 States an appropriate amount of funding, which 

15 shall include the present value of the future value 

16 lost by the United States as a result of such tech17 nology being manufactured outside the United 

18 States, under reasonable conditions and procedures 

19 determined by the Secretary in the interest of pro20 tecting taxpayers. 

21 (4) Requirements that technical data developed 

22 under defense research and development activities 

23 may be transferred by the Department of Defense 

24 for the purpose of domestic manufacturing for pro25 curement activities of the Department of Defense. 


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1 SEC. 144. COMPARATIVE ANALYSIS OF EFFORTS BY THE 

2 PEOPLE’S REPUBLIC OF CHINA AND THE 

3 UNITED STATES TO RECRUIT AND RETAIN 

4 RESEARCHERS. 

5 (a) AGREEMENT.— 

6 (1) IN GENERAL.—The Secretary of Defense 

7 shall seek to enter into an agreement with the Na8 tional Academies of Sciences, Engineering, and Med9 icine to perform the services covered by this section. 

10 (2) TIMING.—The Secretary shall seek to enter 

11 into the agreement described in paragraph (1) not 

12 later than 60 days after the date of the enactment 

13 of this Act. 

14 (b) REVIEW.— 

15 (1) IN GENERAL.—Under an agreement be16 tween the Secretary and the National Academies of 

17 Sciences, Engineering, and Medicine under this sec18 tion, the National Academies of Sciences, Engineer19 ing, and Medicine shall carry out a comparative 

20 analysis of efforts by the People’s Republic of China 

21 and the United States to recruit and retain domestic 

22 and foreign researchers and develop recommenda23 tions for the Department of Defense. 

24 (2) ELEMENTS.—The comparative analysis car25 ried out under paragraph (1) and the recommendaVerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629

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1 tions developed under such paragraph shall include 

2 the following: 

3 (A) A list of the so called ‘‘talent pro4 grams’’ used by the Government of China and 

5 a list of the incentive programs used by the 

6 United States Government to recruit and retain 

7 relevant researchers. 

8 (B) The types of researchers, scientists, 

9 other technical experts, and fields targeted by 

10 each talent program listed under subparagraph 

11 (A). 

12 (C) The number of researchers in aca13 demia, the Department of Defense Science and 

14 Technology Reinvention Laboratories, and na15 tional security science and engineering pro16 grams of the National Nuclear Security Admin17 istration targeted by the talent programs listed 

18 under subparagraph (A). 

19 (D) The number of personnel currently 

20 participating in the talent programs listed 

21 under subparagraph (A) and the number of re22 searchers currently participating in the incen23 tive programs listed under such subparagraph. 

24 (E) The incentives offered by each of the 

25 talent programs listed under subparagraph (A) 


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1 and a description of the incentives offered 

2 through incentive programs under such sub3 paragraph to recruit and retain researchers, sci4 entists, and other technical experts. 

5 (F) A characterization of the national se6 curity, economic, and scientific benefits the 

7 People’s Republic of China gains through the 

8 talent programs listed under subparagraph (A) 

9 and a description of similar gains accrued to 

10 the United States through incentive programs 

11 listed under such subparagraph. 

12 (G) A list of findings and recommenda13 tions relating to policies that can be imple14 mented by the United States Government, espe15 cially the Department of Defense, to improve 

16 the relative effectiveness of United States ac17 tivities to recruit and retain researchers, sci18 entists, and other technical experts relative to 

19 the Government of China. 

20 (c) REPORT.— 

21 (1) IN GENERAL.—Not later than 1 year after 

22 the date of the execution of an agreement under 

23 subsection (a), the National Academies of Sciences, 

24 Engineering, and Medicine shall submit to the con25 gressional defense committees (as that term is deVerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629

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1 fined in section 101(a)(16) of title 10, United States 

2 Code) a report on the findings with respect to the 

3 review carried out under this section and the rec4 ommendations developed under this section. 

5 (2) FORM.—The report submitted under para6 graph (1) shall be submitted in a publicly releasable 

7 and unclassified format, but may include a classified 

8 annex. 

9 SEC. 145. DEPARTMENT OF DEFENSE COOPERATIVE TECH10 NICAL TALENT PROTECTION PROGRAM. 

11 (a) IN GENERAL.—The Secretary of Defense, in con12 sultation with the Secretary of State, may carry out a pro13 gram with respect to foreign countries, to be known as 

14 the ‘‘Department of Defense Cooperative Technical Talent 

15 Protection Program’’ (referred to in this section as the 

16 ‘‘Program’’), to carry out the following activities: 

17 (1) Facilitate the attraction and retention of in18 dividuals with technical talent in critical national se19 curity technologies in the United States and allied 

20 countries, while preventing such individuals from in21 appropriately partnering with or working for— 

22 (A) the Government of China and organi23 zations associated with the Government of 

24 China; and 


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1 (B) other governments of countries of con2 cern and associated organizations. 

3 (2) Prevent the proliferation of advanced na4 tional security and commercial technologies, knowl5 edge, and expertise to the People’s Republic of 

6 China and other countries of concern. 

7 (3) Prevent the proliferation of materials, 

8 equipment, and technology that could be used for 

9 the design, development, production, or use of tech10 nologies critical to the national or economic security 

11 of the People’s Republic of China and other coun12 tries of concern. 

13 (4) Subject to subsection (e), carry out mili14 tary-to-military and defense contacts with allied and 

15 friendly countries to advance the mission of the Pro16 gram. 

17 (5) Establish procedures and measures to en18 sure that any sensitive information or technology or 

19 knowledge acquired by a participant of the Program, 

20 as a result of participating in the Program, is not 

21 used against the United States Government or 

22 shared with malign foreign actors. 

23 (b) SCOPE OF AUTHORITY.—The authority under 

24 this section includes the authority to provide employment, 

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1 ment, goods, services, and funding for, or related to, a 

2 project or activity carried out under the Program. 

3 (c) TYPE OF PROGRAM.—The Program may involve 

4 assistance in planning and resolving technological prob5 lems or issues, the resolution of which is associated with 

6 promoting economic growth or supporting national secu7 rity for the United States or allied countries. 

8 (d) REIMBURSEMENT OF OTHER AGENCIES.—The 

9 Secretary of Defense may reimburse the head of any other 

10 Federal department or agency for the costs of the Federal 

11 department or agency for participation in the Program. 

12 (e) MILITARY-TO-MILITARY AND DEFENSE CON13 TACTS.—The Secretary of Defense shall ensure that the 

14 military-to-military and defense contacts carried out under 

15 subsection (a)(4)— 

16 (1) are focused and expanded to support spe17 cific relationship-building opportunities that may 

18 lead to the development of the Program in a new ge19 ographic area and the achievement other benefits of 

20 the Program; 

21 (2) are directly administered under the Pro22 gram; and 

23 (3) include cooperation and coordination with 

24 appropriate Federal departments and agencies, priVerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629

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1 vate sector partners, allied countries, and inter2 national organizations. 

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the Research, Develop5 ment, Test and Evaluation, Defense-Wide account to 

6 carry out this section $400,000,000 for the period of fiscal 

7 years 2021 through 2025. 

8 SEC. 146. EMPLOYMENT OF EXPERTS BY DEPARTMENT OF 

9 DEFENSE LABORATORIES AND THE DEFENSE 

10 ADVANCED RESEARCH PROJECTS AGENCY. 

11 (a) IN GENERAL.—An individual may be employed 

12 as a full-time or term employee at a Science and Tech13 nology Reinvention Laboratory if the individual— 

14 (1) is a citizen or national of the United States 

15 (as defined in section 101(a) of the Immigration and 

16 Nationality Act (8 U.S.C. 1101(a))); 

17 (2) is an alien lawfully admitted for permanent 

18 residence (as the terms are defined in such section); 

19 (3) is an alien who the Secretary of Defense de20 termines to be an expert in a technical field and de21 termines would positively contribute to the mission 

22 of a Science and Technology Reinvention Laboratory 

23 or the Defense Advanced Research Projects Agency; 

24 or 


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1 (4) meets such criteria as the Director of the 

2 Defense Advanced Research Projects Agency or Sec3 retary of a Military Department may establish. 

4 (b) DEVELOPMENT OF HIRING POLICIES AND EXPE5 DITED PROCEDURES.—The Secretary of Defense shall de6 velop policies and expedited procedures for the employ7 ment of individuals described in subsection (a) that— 

8 (1) for the period during which security clear9 ances for such employees are pending, establish job 

10 functions that do not require security clearances; 

11 (2) establish procedures for exchanging per12 sonnel with private sector research organizations (in13 cluding universities, university-affiliated research 

14 centers, and federally funded research and develop15 ment centers) to enable such employees to support 

16 defense missions during such period by carrying out 

17 research and technical activities that do not require 

18 security clearances; 

19 (3) provide limited access authorization for 

20 such employees, as necessary, to perform classified 

21 work; 

22 (4) assist such employees to obtain lawful per23 manent resident status or United States citizenship, 

24 as applicable; and 


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1 (5) ensure that sensitive information or tech2 nology or knowledge acquired by such employees as 

3 a result of such employment is not used against the 

4 United States Government or shared with malign 

5 foreign actors. 

6 SEC. 147. ANALYSIS OF DEFENSE INDUSTRIAL BASE AND 

7 STEM FELLOWSHIPS, SCHOLARSHIPS, IN8 TERNSHIPS, TRAINEESHIPS, AND APPREN9 TICESHIPS. 

10 (a) ANALYSIS OF FINANCIAL STATUS OF DEFENSE

11 INDUSTRIAL BASE.— 

12 (1) IN GENERAL.—The Secretary of Defense 

13 shall conduct an analysis of— 

14 (A) the financial status of the defense in15 dustrial base and develop predictive modeling 

16 capabilities to enable the Secretary to under17 stand what sectors and suppliers in the defense 

18 industrial base are under stress and need finan19 cial support, including as a result of the 

20 COVID–19 pandemic; and 

21 (B) the readiness of the domestic work22 force to ensure a resilient defense industrial 

23 base, including coordination with labor organi24 zations and education and training providers to 


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1 assess gaps in training and education avail2 ability to achieve such readiness. 

3 (2) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to the Sec5 retary such sums as may be necessary to carry out 

6 this subsection. 

7 (b) STEM FELLOWSHIPS, SCHOLARSHIPS, INTERN8 SHIPS, TRAINEESHIPS, AND APPRENTICESHIPS.— 

9 (1) IN GENERAL.—The Secretary may establish 

10 such fellowships, scholarships for service, intern11 ships, traineeships, and apprenticeships in the fields 

12 of science, technology, engineering, and mathematics 

13 as the Secretary considers appropriate to support 

14 United States competition with the People’s Repub15 lic of China. 

16 (2) DIVERSITY AND INCLUSION.—For any pro17 grams established in paragraph (1), the Secretary 

18 shall develop priorities for use of such programs to 

19 improve diversity and inclusion within the workforce 

20 in support of the defense industrial base, including 

21 expanding career pathways for socially and economi22 cally disadvantaged individuals, formerly incarcer23 ated individuals, women, veterans, and other under24 represented populations. 


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1 (3) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to the Sec3 retary such sums as may be necessary to carry out 

4 this subsection. 

5 SEC. 148. NEW TECHNOLOGY DEVELOPMENT IN SUPPORT 

6 OF THE NATIONAL DEFENSE STRATEGY. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—For the 

8 Central Test and Evaluation Investment Program 

9 (CTEIP) for test and evaluation infrastructure to support 

10 new technology development for the National Defense 

11 Strategy, there are authorized to be appropriated amounts 

12 as follows: 

13 (1) For fiscal year 2021, $418,040,000. 

14 (2) For fiscal year 2022, $447,303,000. 

15 (3) For fiscal year 2023, $478,614,000. 

16 (4) For fiscal year 2024, $512,117,000. 

17 (5) For fiscal year 2025, $547,965,000. 

18 (b) SUPPLEMENT, NOT SUPPLANT.—The amounts 

19 authorized to be appropriated under subsection shall sup20 plement and not supplant amounts already appropriated 

21 for the purposes described in such subsection. 

22 SEC. 149. USE OF THE DEFENSE PRODUCTION ACT TO IN23 VEST IN ALUMINUM PRODUCTION CAPACITY 

24 IN THE UNITED STATES. 

25 (a) DEFINITIONS.—In this section: 


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

4 (A) The Committee on Armed Services of 

5 the Senate and the House of Representatives; 

6 and 

7 (B) The Committee on Financial Services 

8 of the House of Representatives and the Com9 mittee on Banking, Housing, and Urban Affairs 

10 of the Senate. 

11 (2) NATIONAL DEFENSE.—The term ‘‘national 

12 defense’’ shall have the same meaning as such term 

13 under section 702 of the Defense Production Act of 

14 1950 (50 U.S.C. 4552). 

15 (b) SENSE OF CONGRESS.—It is the sense of Con16 gress that, consistent with any determinations made pur17 suant to section 101 of the Defense Production Act of 

18 1950 (50 U.S.C. 4511), the refining of aluminum and the 

19 development of processing and manufacturing capabilities 

20 for aluminum, including a geographically diverse set of 

21 such capabilities, may have important implications for the 

22 defense industrial base and the national defense. 

23 (c) REPORT.—Not later than September 30, 2021, 

24 the Secretary of Defense shall submit to the appropriate 

25 congressional committees a report on— 


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1 (1) how authorities under the Defense Produc2 tion Act of 1950 (U.S.C. 4501 et seq.) could be used 

3 to provide incentives to increase activities relating to 

4 refining aluminum and the development of proc5 essing and manufacturing capabilities for aluminum; 

6 and 

7 (2) whether a new initiative would further the 

8 development of such processing and manufacturing 

9 capabilities for aluminum. 

10 SEC. 150. DOMESTIC REQUIREMENTS FOR ALUMINUM. 

11 (a) DESIGNATION OF ALUMINUM AS SPECIALTY

12 METAL.—Section 2533b(l) of title 10, United States 

13 Code, is amended by adding at the end of the following 

14 new paragraph: 

15 ‘‘(5) Aluminum and aluminum alloys.’’. 

16 (b) FEDERAL HIGHWAY ADMINISTRATION.—Section 

17 313(a) of title 23, United States Code, is amended by 

18 striking ‘‘unless steel, iron, and manufactured products’’ 

19 and inserting ‘‘unless steel, iron, aluminum, and manufac20 tured products’’. 

21 (c) FEDERAL TRANSIT ADMINISTRATION.—Section 

22 5323(j) of title 49, United States Code, is amended— 

23 (1) in paragraph (1), by striking ‘‘only if the 

24 steel, iron, and manufactured goods’’ and inserting 


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1 ‘‘only if the steel, iron, aluminum, and manufactured 

2 goods’’; 

3 (2) in paragraph (2)(B), by striking ‘‘steel, 

4 iron, and goods’’ and inserting ‘‘steel, iron, alu5 minum, and manufactured goods’’; 

6 (3) in paragraph (5), by striking ‘‘or iron’’ and 

7 inserting ‘‘, iron, or aluminum’’; 

8 (4) in paragraph (6)(A)(i), by inserting ‘‘, alu9 minum’’ after ‘‘iron’’; 

10 (5) in paragraph (10), by inserting ‘‘, alu11 minum’’ after ‘‘iron’’; and 

12 (6) in paragraph (12)— 

13 (A) in the paragraph heading by striking 

14 ‘‘AND IRON’’ and inserting ‘‘, IRON, AND 

15 ALUMINUM’’; and 

16 (B) by striking ‘‘and iron’’ and inserting ‘‘, 

17 iron, and aluminum’’. 

18 (d) FEDERAL RAILROAD ADMINISTRATION.—Section 

19 22905(a) of title 49, United States Code, is amended— 

20 (1) in paragraph (1), by striking ‘‘only if the 

21 steel, iron, and manufactured goods’’ and inserting 

22 ‘‘only if the steel, iron, aluminum, and manufactured 

23 products’’; 

24 (2) in paragraph (2)(B), by inserting ‘‘, alu25 minum’’ after ‘‘iron’’; and 


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1 (3) in paragraph (9), by inserting ‘‘, alu2 minum’’ after ‘‘iron.’’ 

3 (e) FEDERAL AVIATION ADMINISTRATION.—Section 

4 50101(a) of title 49, United States Code, is amended by 

5 striking ‘‘steel and manufactured goods’’ and inserting 

6 ‘‘steel, aluminum, and manufactured goods’’. 

7 (f) AMTRAK.—Section 24305(f)(2) of title 49, United 

8 States Code, is amended by inserting ‘‘, including alu9 minum,’’ after ‘‘supplies’’ each place it appears. 

10 SEC. 151. QUALITY WAGE PROTECTIONS FOR FEDERAL IN11 VESTMENTS. 

12 (a) DAVIS-BACON ACT.— 

13 (1) IN GENERAL.—Notwithstanding any other 

14 provision of law, for fiscal year 2021 and each fiscal 

15 year thereafter, all laborers and mechanics employed 

16 by contractors or subcontractors on projects assisted 

17 in whole or in part under section 103, 114, 125, 

18 126, 131, 132, 133, 134, 135, 136, 138, 147, 148, 

19 149, 150, 169, 170, 171, or 172, or part II of this 

20 subtitle, without regard to the form or type of Fed21 eral assistance provided under such section or part, 

22 shall be paid wages at rates not less than those pre23 vailing on projects of a similar character in the lo24 cality as determined by the Secretary of Labor in ac25 cordance with subchapter IV of chapter 31 of title 


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1 40, United States Code (commonly known as the 

2 ‘‘Davis-Bacon Act’’). 

3 (2) AUTHORITY.—With respect to the labor 

4 standards specified in paragraph (1), the Secretary 

5 of Labor shall have the authority and functions set 

6 forth in Reorganization Plan Numbered 14 of 1950 

7 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 

8 title 40, United States Code. 

9 (b) SERVICE EMPLOYEES.— 

10 (1) IN GENERAL.—Notwithstanding any other 

11 provision of law, for fiscal year 2021 and each fiscal 

12 year thereafter, all service employees, including serv13 ice employees that are routine operations workers or 

14 routine maintenance workers, who are not covered 

15 under subsection (a) and are employed by contrac16 tors or subcontractors on projects assisted in whole 

17 or in part under section 103, 114, 125, 126, 131, 

18 132, 133, 134, 135, 136, 138, 147, 148, 149, 150, 

19 169, 170, 171, or 172, or part II of this subtitle, 

20 without regard to the form or type of Federal assist21 ance provided under such section or part, shall be 

22 paid a wage and fringe benefits that are not less 

23 than the minimum wage and fringe benefits estab24 lished in accordance with chapter 67 of title 41, 


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1 United States Code (commonly known as the ‘‘Serv2 ice Contract Act’’). 

3 (2) DEFINITION OF SERVICE EMPLOYEE.—In 

4 this subsection, the term ‘‘service employee’’— 

5 (A) means an individual engaged in the 

6 performance of a project assisted in whole or in 

7 part under section 103, 114, 125, 126, 131, 

8 132, 133, 134, 135, 136, 137, 146, 147, 148, 

9 149, 169, 170, 171, or 172, or part II of this 

10 subtitle, without regard to the form or type of 

11 Federal assistance provided under such section 

12 or part, the principal purpose of which is to 

13 furnish services in the United States; 

14 (B) includes an individual without regard 

15 to any contractual relationship alleged to exist 

16 between the individual and a contractor or sub17 contractor; but 

18 (C) does not include an individual em19 ployed in a bona fide executive, administrative, 

20 or professional capacity, as those terms are de21 fined in part 541 of title 29, Code of Federal 

22 Regulations. 

23 (3) AUTHORITY.—With respect to paragraphs 

24 (1) and (2), the Secretary of Labor shall have the 


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1 authority and functions set forth in chapter 67 of 

2 title 41, United States Code. 

3 (c) MINIMUM WAGE AND OVERTIME.—Notwith4 standing any other provision of law, for fiscal year 2021 

5 and each fiscal year thereafter, all employees who are not 

6 covered under subsection (a) and are employed, including 

7 such employees employed by contractors or subcontrac8 tors, on projects assisted in whole or in part under section 

9 103, 114, 125, 126, 131, 132, 133, 134, 135, 136, 138, 

10 147, 148, 149, 150, 169, 170, 171, or 172, or part II 

11 of this subtitle, without regard to the form or type of Fed12 eral assistance provided under such section or part, shall 

13 be paid a wage of not less than $15 per hour and receive 

14 overtime pay of one-and-one-half times their regular rate 

15 of pay for all hours worked in excess of 40 hours per work16 week if they are paid at a rate of less than $51,000 on 

17 an annual basis. 

18 SEC. 152. COVID–19 CRITICAL MEDICAL SUPPLY CHAIN 

19 TRANSPARENCY. 

20 (a) OVERSIGHT OF CURRENT ACTIVITY AND

21 NEEDS.— 

22 (1) RESPONSE TO IMMEDIATE NEEDS.—Not 

23 later than 60 days after the date of the enactment 

24 of this Act, the Administrator of the Federal Emer25 gency Management Agency, in coordination with the 


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1 Director of the Defense Logistics Agency, the Sec2 retary of Health and Human Services, the Secretary 

3 of Veterans Affairs, and heads of other Federal 

4 agencies (as appropriate), shall submit to the appro5 priate congressional committees a report assessing 

6 the immediate needs described in paragraph (2) to 

7 combat the COVID–19 pandemic and the plan for 

8 meeting those immediate needs. 

9 (2) ASSESSMENT.—The report required by 

10 paragraph (1) shall include— 

11 (A) an assessment of the amount of critical 

12 supplies necessary to address the needs of the 

13 population of the United States infected by the 

14 virus SARS–CoV–2 that causes COVID–19 and 

15 to prevent further spread of COVID–19 

16 throughout the United States; 

17 (B) based on best available scientific and 

18 epidemiological evidence and meaningful con19 sultations with relevant stakeholders and sci20 entific experts, an assessment of the need for 

21 personal protective equipment, durable medical 

22 equipment, and other critical supplies required 

23 by— 

24 (i) health professionals, health work25 ers, and staff in health care settings; 


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1 (ii) workers in industries and sectors 

2 described in the ‘‘Advisory Memorandum 

3 on Identification of Essential Critical In4 frastructure Workers during the COVID– 

5 19 Response’’ issued by the Director of 

6 Cybersecurity and Infrastructure Security 

7 Agency of the Department of Homeland 

8 Security on April 17, 2020 (and any ex9 pansion of industries and sectors included 

10 in updates to such advisory memorandum); 

11 and 

12 (iii) other workers determined to be 

13 essential based on such consultation and 

14 review of evidence; 

15 (C) an assessment of the quantities of crit16 ical supplies in working order and the quan17 tities of such supplies in need of repair and re18 furbishment in the Strategic National Stockpile 

19 (established under section 319F–2 of the Public 

20 Health Service Act (42 U.S.C. 247d–6b(a)(1))) 

21 as of the date of the report, and the projected 

22 gap between the quantities of critical supplies 

23 identified as needed in the assessments under 

24 subparagraphs (A) and (B) and the quantities 


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1 of such supplies in the Strategic National 

2 Stockpile; 

3 (D) an identification of the industry sec4 tors and manufacturers most ready to fulfill 

5 purchase orders for such supplies (including 

6 manufacturers that may be incentivized) 

7 through the exercise of authority under section 

8 303(e) of the Defense Production Act of 1950 

9 (50 U.S.C. 4533(e)) to modify, expand, or im10 prove production processes to manufacture such 

11 supplies to respond immediately to a need iden12 tified in subparagraph (A) or (B); 

13 (E) an identification of Federal Govern14 ment-owned and non-Federal Government15 owned (including privately owned) stockpiles of 

16 critical supplies not included in the Strategic 

17 National Stockpile, and an assessment of the 

18 quantities of such supplies that are in working 

19 order and the quantities of such supplies that 

20 could be repaired or refurbished; 

21 (F) an identification of previously distrib22 uted critical supplies that can be redistributed 

23 based on current need; 

24 (G) a description of any exercise of the au25 thorities under the Defense Production Act of 


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1 1950 (50 U.S.C. 4501 et seq.) that relate to 

2 the procurement of critical supplies; and 

3 (H) an identification of critical areas of 

4 need, by county and by areas identified by the 

5 Indian Health Service, in the United States and 

6 the metrics and criteria for identification as a 

7 critical area. 

8 (3) PLAN.—The report required by paragraph 

9 (1) shall include a plan for meeting the immediate 

10 needs to combat the COVID–19 pandemic, including 

11 each need and gap identified through the assessment 

12 under paragraph (2). Such plan shall include— 

13 (A) a list of each contract the Federal 

14 Government has entered into to meet such 

15 needs, including the purpose of each contract, 

16 the type and amount of equipment, supplies, or 

17 services to be provided under the contract, the 

18 entity fulfilling such contract, and the dollar 

19 amount of each contract; 

20 (B) a list of each contract that the Federal 

21 Government intends to enter into within 14 

22 days after submission of such report, including 

23 the information described in paragraph (2) for 

24 each such contract; and 


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1 (C) whether any of the contracts described 

2 in subparagraph (A) or (B) have or will have a 

3 priority rating under the Defense Production 

4 Act of 1950 (50 U.S.C. 4501 et seq.), including 

5 purchase orders pursuant to Department of De6 fense Directive 4400.1, part 101, subpart A of 

7 title 45, Code of Federal Regulations, or any 

8 other applicable authority. 

9 (4) ADDITIONAL REQUIREMENTS.—The report 

10 required by paragraph (1), and each update required 

11 by paragraph (5), shall include— 

12 (A) a list of any requests for critical sup13 plies from State or local governments and In14 dian Tribes, and an accompanying list of the 

15 employers and unions and other stakeholders 

16 consulted in developing these requests; 

17 (B) a detailed description and explanation 

18 of data sources and any modeling or formulas 

19 used to determine allocation of critical supplies, 

20 and any discrepancies between such supplies re21 quested as described in subparagraph (A) and 

22 such supplies provided in all allocations; 

23 (C) the date, amount and destination of 

24 such supplies requested under subparagraph 

25 (A) delivered; 


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1 (D) an explanation of why any portion of 

2 any contract, whether to replenish the Strategic 

3 National Stockpile or otherwise, will not be 

4 filled; 

5 (E) a list of products procured pursuant to 

6 a contract described in paragraph (3)(A), the 

7 percentage of such products that are used to re8 plenish the Strategic National Stockpile, that 

9 are targeted to COVID–19 hotspots, and that 

10 are used for the commercial market; 

11 (F) metrics, formulas, and criteria used to 

12 determine COVID–19 hotspots or areas of crit13 ical need for a State, county, or an area identi14 fied by the Indian Health Service; 

15 (G) production and procurement bench16 marks, where practicable; 

17 (H) a description of the range of prices for 

18 critical supplies that are subject to shortages, 

19 purchased by, transported by, or otherwise 

20 known to, the Federal Government, identifying 

21 all such prices that exceed the prevailing mar22 ket prices of such supplies prior to March 1, 

23 2020, and any actions taken by the Federal 

24 Government under section 102 of the Defense 

25 Production Act of 1950 (50 U.S.C. 4512) or 


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1 other provisions of law to prevent hoarding of 

2 such supplies and charging of such increased 

3 prices between March 1, 2020, and the date of 

4 the submission of the first report required by 

5 paragraph (1), and, for all subsequent reports, 

6 within each reporting period; and 

7 (I) results of the consultation with the rel8 evant stakeholders required by paragraph 

9 (2)(B). 

10 (5) UPDATES.—The Administrator of the Fed11 eral Emergency Management Agency, in coordina12 tion with Director of the Defense Logistics Agency, 

13 the Secretary of Health and Human Services, the 

14 Secretary of Veterans Affairs, and heads of other 

15 Federal agencies (as appropriate), shall update such 

16 report every quarter. 

17 (6) PUBLIC AVAILABILITY.—The Administrator 

18 of the Federal Emergency Management Agency shall 

19 make the report required by this subsection, includ20 ing each update required by paragraph (5) available 

21 to the public, including on a publicly accessible 

22 website of the Federal Government. 

23 (7) SUNSET.—The requirements of this sub24 section shall terminate on the later of— 

25 (A) December 31, 2021; or 


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1 (B) the end of the COVID–19 emergency 

2 period. 

3 (b) REPORTING ON EXERCISE OF AUTHORITIES

4 UNDER THE DEFENSE PRODUCTION ACT OF 1950.— 

5 (1) REPORT REQUIRED.— 

6 (A) IN GENERAL.—Not later than 60 days 

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

8 every 90 days thereafter, the Administrator of 

9 the Federal Emergency Management Agency, in 

10 consultation with the Secretary of Defense, the 

11 Secretary of Health and Human Services, and 

12 the Defense Production Act Committee, shall 

13 submit to the appropriate congressional com14 mittees a report on the exercise of authorities 

15 under the Defense Production Act of 1950 (50 

16 U.S.C. 4501 et seq.) during the period specified 

17 in subparagraph (C). 

18 (B) ELEMENTS.—Each report required by 

19 subparagraph (A) shall include, with respect to 

20 each exercise of authority under the Defense 

21 Production Act of 1950 included in the re22 port— 

23 (i) an explanation of the purpose of 

24 the applicable contract, purchase order, or 

25 other exercise of authority (including an 


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1 allocation of materials, services, and facili2 ties under section 101(a)(2) of the Defense 

3 Production Act of 1950 (50 U.S.C. 

4 4511(a)(2)); 

5 (ii) the cost of the exercise of author6 ity; and 

7 (iii) if applicable— 

8 (I) the amount of goods that 

9 were purchased or allocated; 

10 (II) an identification of the entity 

11 awarded a contract or purchase order 

12 or that was the subject of the exercise 

13 of authority; and 

14 (III) an identification of any en15 tity that had shipments delayed by the 

16 exercise of authority. 

17 (C) PERIOD SPECIFIED.—The period speci18 fied in this paragraph is— 

19 (i) in the case of the first report re20 quired by subparagraph (A), the period be21 ginning on the date of the enactment of 

22 this Act and ending on the date on which 

23 the report is required to be submitted; and 

24 (ii) in the case of each subsequent re25 port required by subparagraph (A), the 90- 


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1 day period preceding the date on which the 

2 report is required to be submitted. 

3 (D) PUBLIC AVAILABILITY.—The Adminis4 trator of the Federal Emergency Management 

5 Agency shall make each report required by sub6 paragraph (A) available to the public, including 

7 by posting the report on a publicly accessible 

8 internet website of the Federal Government. 

9 (2) QUARTERLY REPORTING ON EXPENDI10 TURES.—Not less frequently than every 90 days, the 

11 President shall submit to Congress, and make avail12 able to the public (including through posting on a 

13 publicly accessible internet website of the Federal 

14 Government), a report detailing all expenditures 

15 made pursuant to the Defense Production Act of 

16 1950 (50 U.S.C. 4501 et seq.) during the 90 days 

17 preceding the date of the report. 

18 (3) SUNSET.—The requirements of this sub19 section shall terminate on the later of— 

20 (A) December 31, 2021; or 

21 (B) the end of the COVID–19 emergency 

22 period. 

23 (c) GAO REPORT.— 

24 (1) IN GENERAL.—Not later than 270 days 

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1 nually thereafter, the Comptroller General of the 

2 United States shall submit to the appropriate con3 gressional committees a report on ensuring that the 

4 Federal Government has access to the medical sup5 plies and equipment necessary to respond to future 

6 pandemics and public health emergencies, including 

7 recommendations with respect to how to ensure that 

8 the United States supply chain for diagnostic tests 

9 (including serological tests) and testing supplies, 

10 personal protective equipment, vaccines (including 

11 ancillary supplies), therapies, and other medical sup12 plies is better equipped to respond to emergencies, 

13 including through the use of funds in the Defense 

14 Production Act Fund under section 304 of the De15 fense Production Act of 1950 (50 U.S.C. 4534) to 

16 address shortages in that supply chain. 

17 (2) REVIEW OF ASSESSMENT AND PLAN.— 

18 (A) IN GENERAL.—Not later than 30 days 

19 after each of the submission of the reports de20 scribed in subsections (a) and (b), the Comp21 troller General of the United States shall sub22 mit to the appropriate congressional committees 

23 an assessment of such reports, including identi24 fying any gaps in the content of the reports and 


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1 providing any recommendations to address any 

2 identified gaps in such reports. 

3 (B) MONTHLY REVIEW.—Not later than a 

4 month after the submission of the assessment 

5 under subparagraph (A), and monthly there6 after, the Comptroller General shall issue a re7 port to the appropriate congressional commit8 tees with respect to any updates to the reports 

9 described in subsections (a) and (b) that were 

10 issued during the previous 1-month period, con11 taining an assessment of such updates, includ12 ing identifying any gaps in the content of such 

13 updates and providing any recommendations to 

14 address any identified gaps in such updates. 

15 (d) DEFINITIONS.—In this section: 

16 (1) APPROPRIATE CONGRESSIONAL COMMIT17 TEES.—The term ‘‘appropriate congressional com18 mittees’’ means the Committees on Appropriations, 

19 Armed Services, Energy and Commerce, Financial 

20 Services, Homeland Security, Transportation and 

21 Infrastructure, and Veterans’ Affairs of the House 

22 of Representatives and the Committees on Appro23 priations, Armed Services, Banking, Housing, and 

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1 sions, Homeland Security and Governmental Affairs, 

2 and Veterans’ Affairs of the Senate. 

3 (2) COVID–19 EMERGENCY PERIOD.—The 

4 term ‘‘COVID–19 emergency period’’ means the pe5 riod beginning on the date of enactment of this Act 

6 and ending after the end of the incident period for 

7 the emergency declared on March 13, 2020, by the 

8 President under Section 501 of the Robert T. Staf9 ford Disaster Relief and Emergency Assistance Act 

10 (42 U.S.C. 4121 et seq.) relating to the Coronavirus 

11 Disease 2019 (COVID–19) pandemic. 

12 (3) CRITICAL SUPPLIES.—The term ‘‘critical 

13 supplies’’ means drugs, vaccines and other biological 

14 products, and medical devices used for the diagnosis, 

15 cure, mitigation, prevention, or treatment of 

16 COVID–19, including personal protective equipment, 

17 therapeutics, ventilators, medicines required in con18 junction with the use of ventilators, and diagnostic 

19 tests. 

20 (4) RELEVANT STAKEHOLDER.—The term ‘‘rel21 evant stakeholder’’ means— 

22 (A) a representative private sector entity; 

23 (B) a representative of the nonprofit sec24 tor; or 


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1 (C) a representative of a labor organization 

2 representing workers, including a union that 

3 represents health workers, manufacturers, pub4 lic sector employees, or service sector workers. 

5 (5) STATE.—The term ‘‘State’’ means each of 

6 the several States, the District of Columbia, the 

7 Commonwealth of Puerto Rico, and any territory or 

8 possession of the United States. 

9 PART II—SEMICONDUCTOR MANUFACTURING 

10 INCENTIVES 

11 SEC. 153. SEMICONDUCTOR INCENTIVE GRANTS. 

12 (a) DEFINITIONS.—In this section: 

13 (1) APPROPRIATE COMMITTEES OF CON14 GRESS.—The term ‘‘appropriate committees of Con15 gress’’ means— 

16 (A) the Select Committee on Intelligence, 

17 the Committee on Commerce, Science, and 

18 Transportation, the Committee on Foreign Re19 lations, the Committee on Armed Services, the 

20 Committee on Appropriations, the Committee 

21 on Energy and Natural Resources, the Com22 mittee on Banking, Housing, and Urban Af23 fairs, and the Committee on Homeland Security 

24 and Governmental Affairs of the Senate; and 


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1 (B) the Permanent Select Committee on 

2 Intelligence, the Committee on Energy and 

3 Commerce, the Committee on Foreign Affairs, 

4 the Committee on Armed Services, the Com5 mittee on Science, Space, and Technology, the 

6 Committee on Appropriations, the Committee 

7 on Financial Services, and the Committee on 

8 Homeland Security of the House of Representa9 tives. 

10 (2) COVERED ENTITY.—The term ‘‘covered en11 tity’’ means a private entity, a consortium of private 

12 entities, or a consortium of public and private enti13 ties with a demonstrated ability to construct, ex14 pand, or modernize a facility relating to the fabrica15 tion, assembly, testing, advanced packaging, or ad16 vanced research and development of semiconductors. 

17 (3) COVERED INCENTIVE.—The term ‘‘covered 

18 incentive’’— 

19 (A) means an incentive offered by a gov20 ernmental entity to a covered entity for the pur21 poses of constructing within the jurisdiction of 

22 the governmental entity, or expanding or mod23 ernizing an existing facility within that jurisdic24 tion, a facility described in paragraph (2); and 


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1 (B) includes any tax incentive (such as an 

2 incentive or reduction with respect to employ3 ment or payroll taxes or a tax abatement with 

4 respect to personal or real property), a work5 force-related incentive (including a grant agree6 ment relating to workforce training or voca7 tional education), any concession with respect 

8 to real property, funding for research and devel9 opment with respect to semiconductors, and any 

10 other incentive determined appropriate by the 

11 Secretary, in consultation with the Secretary of 

12 State. 

13 (4) FOREIGN ADVERSARY.—The term ‘‘foreign 

14 adversary’’ means any foreign government or foreign 

15 nongovernment person that is engaged in a long16 term pattern, or is involved in a serious instance, of 

17 conduct that is significantly adverse to— 

18 (A) the national security of the United 

19 States or an ally of the United States; or 

20 (B) the security and safety of United 

21 States persons. 

22 (5) GOVERNMENTAL ENTITY.—The term ‘‘gov23 ernmental entity’’ means a State or local govern24 ment. 


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1 (6) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Commerce. 

3 (7) SEMICONDUCTOR.—The term ‘‘semicon4 ductor’’ has the meaning given the term by the Sec5 retary. 

6 (b) GRANT PROGRAM.— 

7 (1) IN GENERAL.—The Secretary shall establish 

8 in the Department of Commerce a program that, in 

9 accordance with the requirements of this section, 

10 awards grants to covered entities. 

11 (2) PROCEDURE.— 

12 (A) APPLICATION.—A covered entity seek13 ing a grant under paragraph (1) shall submit to 

14 the Secretary an application therefor that de15 scribes the project for which the covered entity 

16 is seeking the grant. 

17 (B) ELIGIBILITY.—In order for a covered 

18 entity to qualify for a grant under paragraph 

19 (1), the covered entity shall demonstrate to the 

20 Secretary, in the application submitted by the 

21 covered entity under subparagraph (A), that— 

22 (i) the covered entity has a docu23 mented interest in constructing, expanding, 

24 or modernizing a facility described in sub25 section (a)(2); 


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1 (ii) with respect to the project de2 scribed in clause (i), the covered entity 

3 has— 

4 (I) been offered a covered incen5 tive; 

6 (II) made commitments to work7 er and community investment, includ8 ing through— 

9 (aa) training and education 

10 benefits paid by the covered enti11 ty; and 

12 (bb) programs to expand 

13 employment opportunity for eco14 nomically disadvantaged individ15 uals; and 

16 (III) secured commitments from 

17 regional educational and training enti18 ties and institutions of higher edu19 cation to provide workforce training, 

20 including programming for training 

21 and job placement of economically dis22 advantaged individuals; and 

23 (iii) the covered entity demonstrates 

24 that it is responsive to the national secu25 rity needs or requirements established by 


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1 the intelligence community (as defined in 

2 section 3 of the National Security Act of 

3 1947 (50 U.S.C. 3003)), an element of the 

4 intelligence community, or the Department 

5 of Defense. 

6 (C) CONSIDERATIONS FOR REVIEW.—With 

7 respect to the review by the Secretary of an ap8 plication submitted by a covered entity under 

9 subparagraph (A)— 

10 (i) the Secretary may not approve the 

11 application unless the Secretary— 

12 (I) confirms that the covered en13 tity has satisfied the eligibility criteria 

14 under subparagraph (B); and 

15 (II) determines that the project 

16 to which the application relates is in 

17 the interest of the United States; and 

18 (ii) the Secretary may consider wheth19 er— 

20 (I) the covered entity has pre21 viously received a grant made under 

22 this subsection; and 

23 (II) the governmental entity of24 fering the applicable covered incentive 


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1 has benefitted from a grant previously 

2 made under this subsection. 

3 (3) AMOUNT.—The amount of a grant awarded 

4 by the Secretary to a covered entity under para5 graph (1) shall be in an amount that is not more 

6 than $3,000,000,000. 

7 (4) USE OF FUNDS.—A covered entity that re8 ceives a grant under paragraph (1) may only use the 

9 amount of the grant— 

10 (A) to finance the construction, expansion, 

11 or modernization of a state-of-the-art semicon12 ductor facility described in subsection (a)(2), as 

13 documented in the application submitted by the 

14 covered entity under paragraph (2)(A), or for 

15 similar uses in state of practice and legacy fa16 cilities, as determined necessary by the Sec17 retary for purposes relating to the national se18 curity and economic competitiveness of the 

19 United States; 

20 (B) to support workforce development for 

21 the facility described in subparagraph (A); or 

22 (C) to support site development for the fa23 cility described in subparagraph (A). 


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1 (5) CLAWBACK.—The Secretary shall recover 

2 the full amount of a grant provided to a covered en3 tity under this subsection if— 

4 (A) as of the date that is 5 years after the 

5 date on which the Secretary awards the grant, 

6 the project to which the grant relates has not 

7 been completed, except that the Secretary may 

8 issue a waiver with respect to the requirement 

9 under this subparagraph if the Secretary deter10 mines that issuing such a waiver is appropriate 

11 and in the interests of the United States; or 

12 (B) during the applicable term with re13 spect to the grant, the covered entity engages 

14 in any joint research or technology licensing ef15 fort— 

16 (i) with the Government of China, the 

17 Government of the Russian Federation, the 

18 Government of Iran, the Government of 

19 North Korea, or another foreign adversary; 

20 and 

21 (ii) that relates to a technology or 

22 product that raises national security con23 cerns, as determined by the Secretary. 

24 (c) CONSULTATION AND COORDINATION RE25 QUIRED.—In carrying out the program established under 


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1 subsection (b)(1), the Secretary shall consult and coordi2 nate with the Secretary of State, the Secretary of Defense, 

3 and the Director of National Intelligence. 

4 (d) REVIEWS BY COMPTROLLER GENERAL OF THE

5 UNITED STATES.—The Comptroller General of the United 

6 States shall— 

7 (1) not later than 2 years after the date of the 

8 enactment of this Act, and biennially thereafter until 

9 the date that is 10 years after that date of the en10 actment of this Act, conduct a review of the program 

11 established under subsection (b)(1), which shall in12 clude, at a minimum— 

13 (A) a determination of the number of in14 stances in which grants were provided under 

15 that subsection during the period covered by 

16 the review in violation of a requirement of this 

17 section; 

18 (B) an evaluation of how— 

19 (i) the program is being carried out, 

20 including how recipients of grants are 

21 being selected under the program; and 

22 (ii) other Federal programs are lever23 aged for manufacturing, research, and 

24 training to complement the grants awarded 

25 under the program; and 


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1 (C) a description of the outcomes of 

2 projects supported by grants made under the 

3 program, including a description of— 

4 (i) facilities described in subsection 

5 (a)(2) that were constructed, expanded, or 

6 modernized as a result of grants made 

7 under the program; 

8 (ii) research and development carried 

9 out with grants made under the program; 

10 and 

11 (iii) workforce training programs car12 ried out with grants made under the pro13 gram, including efforts to hire individuals 

14 from disadvantaged populations; and 

15 (2) submit to the appropriate committees of 

16 Congress the results of each review conducted under 

17 paragraph (1). 

18 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to the Secretary to carry 

20 out this section $15,000,000,000 for fiscal year 2021, 

21 which shall remain available until September 30, 2031. 

22 SEC. 154. DEPARTMENT OF DEFENSE INVESTMENT IN THE 

23 MICROELECTRONICS INDUSTRY. 

24 (a) DEPARTMENT OF DEFENSE EFFORTS.— 


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1 (1) IN GENERAL.—The Secretary of Defense 

2 shall, in consultation with the Secretary of Com3 merce, the Secretary of Homeland Security, and the 

4 Director of National Intelligence, work with the pri5 vate sector through a public-private partnership, in6 cluding by incentivizing the formation of a consor7 tium of semiconductor companies in the United 

8 States, to ensure the development and production of 

9 advanced, measurably secure microelectronics for use 

10 by the Department of Defense, the intelligence com11 munity, critical infrastructure sectors, and other na12 tional security applications. Such work may include 

13 providing incentives for the creation, expansion, or 

14 modernization of one or more commercially competi15 tive and sustainable microelectronics manufacturing 

16 or advanced research and development facilities. 

17 (2) RISK MITIGATION REQUIREMENTS.—A par18 ticipant in a consortium formed with incentives 

19 under paragraph (1) shall— 

20 (A) have the potential to perform design, 

21 fabrication, assembly, package, or test functions 

22 for microelectronics deemed critical to national 

23 security as defined by the National Security 

24 Adviser and the Secretary of Defense; 


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1 (B) include management processes to iden2 tify and mitigate supply chain security risks; 

3 and 

4 (C) be able to produce microelectronics 

5 consistent with applicable measurably secure 

6 supply chain and operational security standards 

7 established under section 224(b) of the Na8 tional Defense Authorization Act for Fiscal 

9 Year 2020 (Public Law 116–92). 

10 (3) NATIONAL SECURITY CONSIDERATIONS.— 

11 The Secretary of Defense and the Director of Na12 tional Intelligence shall select participants for the 

13 consortium formed with incentives under paragraph 

14 (1). In selecting such participants, the Secretary and 

15 the Director may jointly consider whether the 

16 United States companies— 

17 (A) have participated in previous programs 

18 and projects of the Department of Defense, De19 partment of Energy, or the intelligence commu20 nity, including— 

21 (i) the Trusted Integrated Circuit pro22 gram of the Intelligence Advanced Re23 search Projects Activity; 


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1 (ii) trusted and assured microelec2 tronics projects, as administered by the 

3 Department of Defense; 

4 (iii) the Electronics Resurgence Initia5 tive (ERI) program of the Defense Ad6 vanced Research Projects Agency; or 

7 (iv) relevant semiconductor research 

8 programs of Advanced Research Projects 

9 Agency–Energy; 

10 (B) have demonstrated an ongoing com11 mitment to performing contracts for the De12 partment of Defense and the intelligence com13 munity; 

14 (C) are approved by the Defense Counter15 intelligence and Security Agency or the Office 

16 of the Director of National Intelligence as pre17 senting an acceptable security risk, taking into 

18 account supply chain assurance vulnerabilities, 

19 counterintelligence risks, and any risks pre20 sented by companies whose owners are located 

21 outside the United States; and 

22 (D) are evaluated periodically for foreign 

23 ownership, control, or influence by foreign ad24 versaries. 


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1 (4) NONTRADITIONAL DEFENSE CONTRACTORS

2 AND COMMERCIAL ENTITIES.—Arrangements en3 tered into to carry out paragraph (1) shall be in 

4 such form as the Secretary of Defense determines 

5 appropriate to encourage industry participation of 

6 nontraditional defense contractors or commercial en7 tities and may include a contract, a grant, a cooper8 ative agreement, a commercial agreement, the use of 

9 other transaction authority under section 2371 of 

10 title 10, United States Code, or another such ar11 rangement. 

12 (5) DISCHARGE.—The Secretary of Defense 

13 shall carry out paragraph (1) jointly through the Of14 fice of the Under Secretary of Defense for Research 

15 and Engineering and the Office of the Under Sec16 retary of Defense for Acquisition and Sustainment, 

17 or such other component of the Department of De18 fense as the Secretary considers appropriate. 

19 (6) OTHER INITIATIVES.—The Secretary of De20 fense shall dedicate initiatives within the Depart21 ment of Defense to advance radio frequency, mixed 

22 signal, radiation tolerant, and radiation hardened 

23 microelectronics that support national security and 

24 dual-use applications. 

25 (7) REPORTS.— 


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1 (A) REPORT BY SECRETARY OF DE2 FENSE.—Not later than 90 days after the date 

3 of the enactment of this Act, the Secretary of 

4 Defense shall submit to Congress a report on 

5 the plans of the Secretary to carry out para6 graph (1). 

7 (B) BIENNIAL REPORTS BY COMPTROLLER

8 GENERAL OF THE UNITED STATES.—Not later 

9 than 1 year after the date on which the Sec10 retary submits the report required by subpara11 graph (A) and not less frequently than once 

12 every 2 years thereafter for a period of 10 

13 years, the Comptroller General of the United 

14 States shall submit to Congress a report on the 

15 activities carried out under this subsection. 

16 (b) DEFENSE PRODUCTION ACT OF 1950 EF17 FORTS.— 

18 (1) IN GENERAL.—Not later than 120 days 

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

20 President shall submit to Congress a report on a 

21 plan for use by the Department of Defense of au22 thorities available in title III of the Defense Produc23 tion Act of 1950 (50 U.S.C. 4531 et seq.) to estab24 lish and enhance a domestic production capability 

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1 nologies, subject to the availability of appropriations 

2 for that purpose. 

3 (2) CONSULTATION.—The President shall de4 velop the plan required by paragraph (1) in coordi5 nation with the Secretary of Defense, and in con6 sultation with the Secretary of State, the Secretary 

7 of Commerce, and appropriate stakeholders in the 

8 private sector. 

9 (c) DEPARTMENT OF DEFENSE REQUIREMENTS FOR

10 SOURCING FROM DOMESTIC MICROELECTRONICS DESIGN

11 AND FOUNDRY SERVICES.— 

12 (1) REQUIREMENTS REQUIRED.—Not later 

13 than 1 year after the date of the enactment of this 

14 Act, the Secretary of Defense, in coordination with 

15 the Secretary of Energy, the Secretary of Homeland 

16 Security, and the Director of National Intelligence, 

17 shall establish requirements, standards, and a 

18 timeline for enforcement of such requirements, to 

19 the extent possible, for domestic sourcing for micro20 electronics design and foundry services, and for com21 mercial microelectronics products, by programs, con22 tractors, subcontractors, and other recipients of 

23 funding from the Department of Defense, Depart24 ment of Energy, Department of Homeland Security, 

25 and the Director of National Intelligence. 


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1 (2) PROCESSES FOR WAIVERS.—The require2 ments established under paragraph (1) shall include 

3 processes to permit waivers for specific contracts or 

4 transactions for domestic sourcing requirements 

5 based on cost, availability, severity of technical and 

6 mission requirements, emergency requirements and 

7 operational needs, other legal or international treaty 

8 obligations, or other factors. 

9 (3) UPDATES.—Not less frequently than once 

10 each year, the Secretary shall— 

11 (A) update the requirements and timelines 

12 established under paragraph (1) and the proc13 esses under paragraph (2); and 

14 (B) submit to Congress a report on the up15 dates made under subparagraph (A). 

16 SEC. 155. DEPARTMENT OF COMMERCE STUDY ON STATUS 

17 OF MICROELECTRONICS TECHNOLOGIES IN 

18 THE UNITED STATES INDUSTRIAL BASE. 

19 (a) IN GENERAL.—Commencing not later than 120 

20 days after the date of the enactment of this Act, the Sec21 retary of Commerce and the Secretary of Homeland Secu22 rity, in consultation with the Secretary of Defense and the 

23 heads of other appropriate Federal departments and agen24 cies, shall undertake a review, which shall include a sur25 vey, using authorities in section 705 of the Defense ProVerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629

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1 duction Act (50 U.S.C. 4555), to assess the capabilities 

2 of the United States industrial base to support the na3 tional defense in light of the global nature of the supply 

4 chain and significant interdependencies between the 

5 United States industrial base and the industrial base of 

6 foreign countries with respect to the manufacture, design, 

7 and end use of microelectronics. 

8 (b) RESPONSE TO SURVEY.—The Secretary shall en9 sure compliance with the survey from among all relevant 

10 potential respondents, including the following: 

11 (1) Corporations, partnerships, associations, or 

12 any other organized groups domiciled and with sub13 stantial operations in the United States. 

14 (2) Corporations, partnerships, associations, or 

15 any other organized groups domiciled in the United 

16 States with operations outside the United States. 

17 (3) Foreign domiciled corporations, partner18 ships, associations, or any other organized groups 

19 with substantial operations or business presence in, 

20 or substantial revenues derived from, the United 

21 States. 

22 (4) Foreign domiciled corporations, partner23 ships, associations, or any other organized groups in 

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1 duction of the entity concerned involves critical tech2 nologies. 

3 (c) INFORMATION REQUESTED.—The information 

4 sought from a responding entity pursuant to the survey 

5 required by subsection (a) shall include, at minimum, in6 formation on the following with respect to the manufac7 ture, design, or end use of microelectronics by such entity: 

8 (1) An identification of the geographic scope of 

9 operations. 

10 (2) Information on relevant cost structures. 

11 (3) An identification of types of microelec12 tronics development, manufacture, assembly, test, 

13 and packaging equipment in operation at such enti14 ty. 

15 (4) An identification of all relevant intellectual 

16 property, raw materials, and semi-finished goods and 

17 components sourced domestically and abroad by 

18 such entity. 

19 (5) Specifications of the microelectronics manu20 factured or designed by such entity, descriptions of 

21 the end-uses of such microelectronics, and a descrip22 tion of any technical support provided to end-users 

23 of such microelectronics by such entity. 

24 (6) Information on domestic and export market 

25 sales by such entity. 


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1 (7) Information on the financial performance, 

2 including income and expenditures, of such entity. 

3 (8) A list of all foreign and domestic subsidies, 

4 and any other financial incentives, received by such 

5 entity in each market in which such entity operates. 

6 (9) A list of information requests from the Gov7 ernment of China to such entity, and a description 

8 of the nature of each request and the type of infor9 mation provided. 

10 (10) Information on any joint ventures, tech11 nology licensing agreements, and cooperative re12 search or production arrangements of such entity. 

13 (11) A description of efforts by such entity to 

14 evaluate and control supply chain risks it faces. 

15 (12) A list and description of any sales, licens16 ing agreements, or partnerships between such entity 

17 and the People’s Liberation Army or People’s Armed 

18 Police, including any business relationships with en19 tities through which such sales, licensing agree20 ments, or partnerships may occur. 

21 (d) REPORT.— 

22 (1) IN GENERAL.—The Secretary of Commerce 

23 shall, in consultation with the Secretary of Defense, 

24 the Secretary of Homeland Security, and the heads 

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1 cies, submit to Congress a report on the results of 

2 the review required by subsection (a). The report 

3 shall include the following: 

4 (A) An assessment of the results of the 

5 survey. 

6 (B) A list of critical technology areas im7 pacted by potential disruptions in production of 

8 microelectronics, and a detailed description and 

9 assessment of the impact of such potential dis10 ruptions on such areas. 

11 (C) A description and assessment of gaps 

12 and vulnerabilities in the microelectronics sup13 ply chain and the national industrial supply 

14 base. 

15 (2) FORM.—The report required by paragraph 

16 (1) may be submitted in classified form. 

17 SEC. 156. MULTILATERAL MICROELECTRONICS SECURITY 

18 FUND. 

19 (a) MULTILATERAL MICROELECTRONICS SECURITY

20 FUND.— 

21 (1) ESTABLISHMENT OF FUND.—There is es22 tablished in the Treasury of the United States a 

23 trust fund, to be known as the ‘‘Multilateral Micro24 electronics Security Fund’’ (in this section referred 

25 to as the ‘‘Fund’’), consisting of amounts deposited 


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1 into the Fund under paragraph (2) and any 

2 amounts that may be credited to the Fund under 

3 paragraph (3). 

4 (2) AUTHORIZATION OF APPROPRIATIONS.— 

5 There are authorized to be appropriated 

6 $750,000,000 to be deposited in the Fund. 

7 (3) INVESTMENT OF AMOUNTS.— 

8 (A) INVESTMENT OF AMOUNTS.—The Sec9 retary of the Treasury shall invest such portion 

10 of the Fund as is not required to meet current 

11 withdrawals in interest-bearing obligations of 

12 the United States or in obligations guaranteed 

13 as to both principal and interest by the United 

14 States. 

15 (B) INTEREST AND PROCEEDS.—The in16 terest on, and the proceeds from the sale or re17 demption of, any obligations held in the Fund 

18 shall be credited to and form a part of the 

19 Fund. 

20 (4) USE OF FUND.— 

21 (A) IN GENERAL.—Subject to subpara22 graph (B), amounts in the Fund shall be avail23 able, as provided in advance in an appropria24 tions Act, to the Secretary of State— 


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1 (i) to provide funding through the 

2 common funding mechanism described in 

3 subsection (b)(1) to support the develop4 ment and adoption of measurably secure 

5 microelectronics and measurably secure 

6 microelectronics supply chains; and 

7 (ii) to otherwise carry out this section. 

8 (B) AVAILABILITY CONTINGENT ON INTER9 NATIONAL AGREEMENT.—Amounts in the Fund 

10 shall be available to the Secretary of State on 

11 and after the date on which the Secretary en12 ters into an agreement with the governments of 

13 countries that are partners of the United States 

14 to participate in the common funding mecha15 nism under paragraph (1) of subsection (b) and 

16 the commitments described in paragraph (2) of 

17 that subsection. 

18 (5) AVAILABILITY OF AMOUNTS.— 

19 (A) IN GENERAL.—Amounts in the Fund 

20 shall remain available through the end of the 

21 tenth fiscal year beginning after the date of the 

22 enactment of this Act. 

23 (B) REMAINDER TO TREASURY.—Any 

24 amounts remaining in the Fund after the end 

25 of the fiscal year described in subparagraph (A) 


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1 shall be deposited in the general fund of the 

2 Treasury. 

3 (b) COMMON FUNDING MECHANISM FOR DEVELOP4 MENT AND ADOPTION OF MEASURABLY SECURE MICRO5 ELECTRONICS AND MEASURABLY SECURE MICROELEC6 TRONICS SUPPLY CHAINS.— 

7 (1) IN GENERAL.—The Secretary of State, in 

8 consultation with the Secretary of Commerce, the 

9 Secretary of Defense, the Secretary of Homeland Se10 curity, the Secretary of the Treasury, and the Direc11 tor of National Intelligence, shall seek to establish a 

12 common funding mechanism, in coordination with 

13 the governments of countries that are partners of 

14 the United States, that uses amounts from the 

15 Fund, and amounts committed by such governments, 

16 to support the development and adoption of secure 

17 microelectronics and secure microelectronics supply 

18 chains, including for use in research and develop19 ment collaborations among countries participating in 

20 the common funding mechanism. 

21 (2) MUTUAL COMMITMENTS.—The Secretary of 

22 State, in consultation with the United States Trade 

23 Representative, the Secretary of the Treasury, and 

24 the Secretary of Commerce, shall seek to negotiate 

25 a set of mutual commitments with the governments 


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1 of countries that are partners of the United States 

2 upon which to condition any expenditure of funds 

3 pursuant to the common funding mechanism de4 scribed in paragraph (1). Such commitments shall, 

5 at a minimum— 

6 (A) establish transparency requirements 

7 for any subsidies or other financial benefits (in8 cluding revenue foregone) provided to microelec9 tronics firms located in or outside such coun10 tries; 

11 (B) establish consistent policies with re12 spect to countries that— 

13 (i) are not participating in the com14 mon funding mechanism; and 

15 (ii) do not meet transparency require16 ments established under subparagraph (A); 

17 (C) promote harmonized treatment of 

18 microelectronics and verification processes for 

19 items being exported to a country considered a 

20 national security risk by a country participating 

21 in the common funding mechanism; 

22 (D) establish consistent policies and com23 mon external policies to address nonmarket 

24 economies as the behavior of such countries 

25 pertains to microelectronics; 


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1 (E) align policies on supply chain integrity 

2 and microelectronics security, including with re3 spect to protection and enforcement of intellec4 tual property rights; and 

5 (F) promote harmonized foreign direct in6 vestment screening measures with respect to 

7 microelectronics to align with national and mul8 tilateral security priorities. 

9 (c) ANNUAL REPORT TO CONGRESS.—Not later than 

10 1 year after the date of the enactment of this Act, and 

11 annually thereafter for each fiscal year during which 

12 amounts in the Fund are available under subsection 

13 (a)(5), the Secretary of State shall submit to Congress a 

14 report on the status of the implementation of this section 

15 that includes a description of— 

16 (1) any commitments made by the governments 

17 of countries that are partners of the United States 

18 to providing funding for the common funding mecha19 nism described in subsection (b)(1) and the specific 

20 amount so committed; 

21 (2) the criteria established for expenditure of 

22 funds through the common funding mechanism; 

23 (3) how, and to whom, amounts have been ex24 pended from the Fund; 

25 (4) amounts remaining in the Fund; 


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1 (5) the progress of the Secretary of State to2 ward entering into an agreement with the govern3 ments of countries that are partners of the United 

4 States to participate in the common funding mecha5 nism and the commitments described in subsection 

6 (b)(2); and 

7 (6) any additional authorities needed to en8 hance the effectiveness of the Fund in achieving the 

9 security goals of the United States. 

10 SEC. 157. ADVANCED SEMICONDUCTOR RESEARCH AND DE11 SIGN. 

12 (a) APPROPRIATE COMMITTEES OF CONGRESS.—In 

13 this section, the term ‘‘appropriate committees of Con14 gress’’ means— 

15 (1) the Select Committee on Intelligence, the 

16 Committee on Commerce, Science, and Transpor17 tation, the Committee on Foreign Relations, the 

18 Committee on Armed Services, the Committee on 

19 Energy and Natural Resources, the Committee on 

20 Appropriations, the Committee on Banking, Hous21 ing, and Urban Affairs, the Committee on Health, 

22 Education, Labor, and Pensions, and the Committee 

23 on Homeland Security and Governmental Affairs of 

24 the Senate; and 


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1 (2) the Permanent Select Committee on Intel2 ligence, the Committee on Energy and Commerce, 

3 the Committee on Foreign Affairs, the Committee 

4 on Armed Services, the Committee on Science, 

5 Space, and Technology, the Committee on Financial 

6 Services, the Committee on Education and Labor, 

7 and the Committee on Homeland Security of the 

8 House of Representatives. 

9 (b) SENSE OF CONGRESS.—It is the sense of Con10 gress that the leadership of the United States in semicon11 ductor technology and innovation is critical to the eco12 nomic growth and national security of the United States. 

13 (c) SUBCOMMITTEE ON SEMICONDUCTOR LEADER14 SHIP.— 

15 (1) ESTABLISHMENT REQUIRED.—The Presi16 dent shall establish in the National Science and 

17 Technology Council a subcommittee on matters re18 lating to leadership of the United States in semicon19 ductor technology and innovation. 

20 (2) DUTIES.—The duties of the subcommittee 

21 established under paragraph (1) are as follows: 

22 (A) NATIONAL STRATEGY ON SEMICON23 DUCTOR RESEARCH.— 

24 (i) DEVELOPMENT.—In coordination 

25 with the Secretary of Defense, the SecVerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629

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1 retary of Energy, the Secretary of State, 

2 the Secretary of Commerce, the Secretary 

3 of Homeland Security, the Secretary of 

4 Labor, the Director of the National 

5 Science Foundation, and the Director of 

6 the National Institute of Standards and 

7 Technology and in consultation with the 

8 semiconductor industry and academia, de9 velop a national strategy on semiconductor 

10 research, development, design, manufac11 turing, and supply chain security, includ12 ing guidance for the funding of research, 

13 and strengthening of the domestic micro14 electronics workforce. 

15 (ii) REPORTING AND UPDATES.—Not 

16 less frequently than once every 5 years, to 

17 update the strategy developed under clause 

18 (i) and to submit the revised strategy to 

19 the appropriate committees of Congress. 

20 (iii) IMPLEMENTATION.—In coordina21 tion with the Secretary of Defense, the 

22 Secretary of Energy, the Secretary of 

23 State, the Secretary of Commerce, the Sec24 retary of Homeland Security, the Director 

25 of the National Science Foundation, and 


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1 the Director of the National Institute of 

2 Standards and Technology, on an annual 

3 basis coordinate and recommend each 

4 agency’s semiconductor related research 

5 and development programs and budgets to 

6 ensure consistency with the National Semi7 conductor Strategy. 

8 (B) FOSTERING COORDINATION OF RE9 SEARCH AND DEVELOPMENT.—To foster the co10 ordination of semiconductor research and devel11 opment. 

12 (3) SUNSET.—The subcommittee established 

13 under paragraph (1) shall terminate on the date 

14 that is 10 years after the date of enactment of this 

15 Act. 

16 (d) INDUSTRIAL ADVISORY COMMITTEE.—The Presi17 dent shall establish a standing subcommittee of the Presi18 dent’s Council of Advisors on Science and Technology to 

19 advise the United States Government on matters relating 

20 to microelectronics policy. 

21 (e) NATIONAL SEMICONDUCTOR TECHNOLOGY CEN22 TER.— 

23 (1) ESTABLISHMENT.—The Secretary of Com24 merce shall establish a national semiconductor tech25 nology center to conduct research and prototyping of 


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1 advanced semiconductor technology to strengthen 

2 the economic competitiveness and security of the do3 mestic supply chain, which will be operated as a 

4 public private-sector consortium with participation 

5 from the private sector, the Department of Defense, 

6 the Department of Energy, the Department of 

7 Homeland Security, the National Science Founda8 tion, and the National Institute of Standards and 

9 Technology. 

10 (2) FUNCTIONS.—The functions of the center 

11 established under paragraph (1) shall be as follows: 

12 (A) To conduct advanced semiconductor 

13 manufacturing, design, and packaging research 

14 and prototyping that strengthens the entire do15 mestic ecosystem and is aligned with the Na16 tional Strategy on Semiconductor Research. 

17 (B) To establish, as part of the center es18 tablished under paragraph (1) and in collabora19 tion with Director of the National Institute of 

20 Standards and Technology, a National Ad21 vanced Packaging Manufacturing Program that 

22 operates in coordination with the center, to 

23 strengthen semiconductor advanced design, test, 

24 assembly, and packaging capability in the do25 mestic ecosystem, and which shall coordinate 


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1 with the Manufacturing USA institute estab2 lished under paragraph (4). 

3 (C) To establish an investment fund, in 

4 partnership with the private sector, that will 

5 support startups and collaborations between 

6 startups, academia, and established companies 

7 with the goal of commercializing innovations 

8 that contribute to the domestic semiconductor 

9 industry. 

10 (D) To establish a Semiconductor Manu11 facturing Program through the Director of the 

12 National Institute of Standards and Technology 

13 to enable advances and breakthroughs in meas14 urement science, standards, material character15 ization, instrumentation, testing, and manufac16 turing capabilities that will accelerate the un17 derlying research and development for metrol18 ogy of next generation semiconductors and en19 sure the competitiveness and leadership of the 

20 United States within this sector. 

21 (E) To work with the Secretary of Labor, 

22 the Director of the National Science Founda23 tion, the Secretary of Energy, the private sec24 tor, educational institutions, and workforce 

25 training entities to develop workforce training 


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1 programs and apprenticeships in advanced 

2 microelectronic research, design, fabrication, 

3 and packaging capabilities. 

4 (3) COMPONENTS.—The fund established under 

5 paragraph (2)(C) shall cover the following: 

6 (A) Advanced metrology and characteriza7 tion for manufacturing of microchips using 3- 

8 nanometer transistor processes or more ad9 vanced processes. 

10 (B) Metrology for security and supply 

11 chain verification. 

12 (4) CREATION OF A MANUFACTURING USA IN13 STITUTE.—The fund established under paragraph 

14 (2)(C) may also cover the creation of a Manufac15 turing USA institute described in section 34(d) of 

16 the National Institute of Standards and Technology 

17 Act (15 U.S.C. 278s(d)) that is focused on semicon18 ductor manufacturing. Such institute may emphasize 

19 the following: 

20 (A) Research to support the virtualization 

21 and automation of maintenance of semicon22 ductor machinery. 

23 (B) Development of new advanced test, as24 sembly and packaging capabilities. 


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1 (C) Developing and deploying educational 

2 and skills training curricula needed to support 

3 the industry sector and ensure the United 

4 States can build and maintain a trusted and 

5 predictable talent pipeline. 

6 (f) AUTHORIZATIONS OF APPROPRIATIONS.— 

7 (1) NATIONAL SEMICONDUCTOR TECHNOLOGY

8 CENTER.—There is authorized to be appropriated to 

9 carry out subsection (e) $9,050,000,000 for fiscal 

10 year 2021, with such amount to remain available for 

11 such purpose through fiscal year 2030— 

12 (A) of which, $3,000,000,000 shall be 

13 available to carry out subsection (e)(2)(A); 

14 (B) of which, $5,000,000,000 shall be 

15 available to carry out subsection (e)(2)(B); 

16 (C) of which, $500,000,000 shall be avail17 able to carry out subsection (e)(2)(C); 

18 (D) of which, $500,000,000 shall be avail19 able to carry out subsection (e)(2)(D)— 

20 (i) of which, $20,000,000 shall be 

21 available for each of fiscal years 2021 

22 through 2025 to carry out subsection 

23 (e)(3)(A); 

24 (ii) of which, $20,000,000 shall be 

25 available for each of fiscal years 2021 


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1 through 2025 to carry out subsection 

2 (e)(3)(B); and 

3 (iii) of which, $50,000,000 shall be 

4 available for each of fiscal years 2021 

5 through 2025 to carry out subsection 

6 (e)(4); and 

7 (E) of which, $50,000,000 shall be avail8 able to carry out subsection (e)(2)(E). 

9 (2) SEMICONDUCTOR RESEARCH AT NATIONAL

10 SCIENCE FOUNDATION.—There is authorized to be 

11 appropriated to carry out programs at the National 

12 Science Foundation on semiconductor research in 

13 alignment with the National Strategy on Semicon14 ductor Research $1,500,000,000 for fiscal year 

15 2021, with such amount to remain available for such 

16 purpose through fiscal year 2025. 

17 (3) SEMICONDUCTOR RESEARCH AT DEPART18 MENT OF ENERGY.—There is authorized to be ap19 propriated to carry out programs at the Department 

20 of Energy, including the National Laboratories, on 

21 semiconductor research, in alignment with the Na22 tional Strategy on Semiconductor Research 

23 $2,000,000,000 for fiscal year 2021, with such 

24 amount to remain available for such purpose 

25 through fiscal year 2025. 


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1 (4) MICROELECTRONICS RESEARCH AT THE NA2 TIONAL INSTITUTE OF STANDARDS AND TECH3 NOLOGY.—There is authorized to be appropriated to 

4 carry out microelectronics research at the National 

5 Institute of Standards and Technology 

6 $250,000,000 for fiscal year 2021, with such 

7 amount to remain available for such purpose 

8 through fiscal year 2025. 

9 (5) MICROELECTRONICS SEMICONDUCTOR RE10 SEARCH AT THE DEFENSE ADVANCED RESEARCH

11 PROJECTS AGENCY.—There is authorized to be ap12 propriated to carry out microelectronics research, 

13 such as the Electronics Resurgence Initiative and 

14 the Microelectronics Research Commons, at the De15 fense Advanced Research Projects Agency, 

16 $2,000,000,000 for fiscal year 2021 to develop ad17 vanced disruptive microelectronics technology, in18 cluding research and development to enable produc19 tion at a volume required to sustain a robust domes20 tic microelectronics industry and mitigate parts ob21 solescence, with such amount to remain available for 

22 such purpose through fiscal year 2025. 

23 (6) SUPPLEMENT NOT SUPPLANT.—The 

24 amounts authorized to be appropriated under para25 graphs (1) through (4) shall supplement and not 


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1 supplant amounts already appropriated to carry out 

2 the purposes described in such paragraphs. 

3 (g) DOMESTIC PRODUCTION REQUIREMENTS.—The 

4 head of any executive agency receiving funding under this 

5 section shall develop policies to require domestic produc6 tion, to the extent possible, for any intellectual property 

7 resulting from microelectronics research and development 

8 conducted as a result of these funds and domestic control 

9 requirements to protect any such intellectual property 

10 from foreign adversaries. 

11 SEC. 158. PROHIBITION ON ACCESS TO ASSISTANCE BY 

12 FOREIGN ADVERSARIES. 

13 None of the funds appropriated pursuant to an au14 thorization in this part may be provided to an entity— 

15 (1) under the foreign ownership, control, or in16 fluence of the Government of China or the Chinese 

17 Communist Party, or other foreign adversary (as de18 fined in section 153(a)(4)); or 

19 (2) determined to have beneficial ownership 

20 from foreign individuals subject to the jurisdiction, 

21 direction, or influence of foreign adversaries (as so 

22 defined). 


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1 Subtitle E—Education and 

2 Countering Influence Campaigns 

3 SEC. 161. FINDINGS ON CHINESE INFORMATION WARFARE 

4 AND MALIGN INFLUENCE OPERATIONS. 

5 (a) FINDINGS.—Congress makes the following find6 ings: 

7 (1) In the report to Congress required under 

8 section 1261(b) of the John S. McCain National De9 fense Authorization Act for Fiscal Year 2019 (Pub10 lic Law 115–232), the President laid out a broad 

11 range of malign activities conducted by the Govern12 ment of China and its agents and entities, includ13 ing— 

14 (A) propaganda and disinformation, in 

15 which ‘‘Beijing communicates its narrative 

16 through state-run television, print, radio, and 

17 online organizations whose presence is prolifer18 ating in the United States and around the 

19 world’’; 

20 (B) malign political influence operations, 

21 in which ‘‘front organizations and agents which 

22 target businesses, universities, think tanks, 

23 scholars, journalists, and local state and Fed24 eral officials in the United States and around 


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1 the world, attempting to influence discourse’’; 

2 and 

3 (C) malign financial influence operations, 

4 characterized as ‘‘misappropriation of tech5 nology and intellectual property, failure to ap6 propriately disclose relationships with foreign 

7 government sponsored entities, breaches of con8 tract and confidentiality, and manipulation of 

9 processes for fair and merit-based allocation of 

10 Federal research and development funding’’. 

11 (2) Chinese information warfare and malign in12 fluence operations are ongoing. In January 2019, 

13 the Director of National Intelligence, Dan Coats, 

14 stated, ‘‘China will continue to use legal, political, 

15 and economic levers—such as the lure of Chinese 

16 markets—to shape the information environment. It 

17 is also capable of using cyber attacks against sys18 tems in the United States to censor or suppress 

19 viewpoints it deems politically sensitive.’’. 

20 (3) In February 2020, the Director of the Fed21 eral Bureau of Investigation, Christopher Wray, tes22 tified to the Committee on the Judiciary of the 

23 House of Representatives that the People’s Republic 

24 of China has ‘‘very active maligned foreign influence 

25 efforts in this country,’’ with the goal of ‘‘trying to 


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1 shift our policy and our public opinion to be more 

2 pro-China on a variety of issues’’. 

3 (4) The People’s Republic of China’s informa4 tion warfare and malign influence operations con5 tinue to adopt new tactics and evolve in sophistica6 tion. In May 2020, the Special Envoy and Coordi7 nator of the Global Engagement Center (GEC), Lea 

8 Gabrielle, stated that there was a convergence of 

9 Russian and Chinese narratives surrounding 

10 COVID–19 and that the GEC had ‘‘uncovered a new 

11 network of inauthentic Twitter accounts’’ that it as12 sessed was ‘‘created with the intent to amplify Chi13 nese propaganda and disinformation.’’ In June 

14 2020, Google reported that Chinese hackers at15 tempted to access email accounts of the campaign 

16 staff of a presidential candidate. 

17 (5) Chinese information warfare and malign in18 fluence operations are a threat to the national secu19 rity, democracy and the economic systems of the 

20 United States, its allies and partners. In October 

21 2018, Vice President Mike Pence warned that ‘‘Bei22 jing is employing a whole-of-government approach, 

23 using political, economic, and military tools, as well 

24 as propaganda, to advance its influence and benefit 

25 its interests in the United States.’’. 


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1 (6) In February 2018, the Director of the Fed2 eral Bureau of Investigation, Christopher Wray, tes3 tified to the Select Committee on Intelligence of the 

4 Senate that the People’s Republic of China is taking 

5 advantage of and exploiting the open research and 

6 development environments of U.S. institutions of 

7 higher education to utilize ‘‘professors, scientists and 

8 students’’ as ‘‘nontraditional collectors’’ of informa9 tion. 

10 (b) PRESIDENTIAL DUTIES.—The President shall— 

11 (1) carry out all appropriate measures to pro12 tect our democratic institutions and processes from 

13 malign influence from the People’s Republic of 

14 China and other foreign adversaries; and 

15 (2) consistent with the policy specified in para16 graph (1), direct the heads of the appropriate Fed17 eral departments and agencies to implement Acts of 

18 Congress to counter and deter Chinese and other 

19 foreign information warfare and malign influence op20 erations without delay, including— 

21 (A) section 1043 of the John S. McCain 

22 National Defense Authorization Act for Fiscal 

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1 tional Security Council for countering malign 

2 foreign influence operations and campaigns; 

3 (B) section 228 of the National Defense 

4 Authorization Act for Fiscal Year 2020 (Public 

5 Law 116–92), which authorizes additional re6 search of foreign malign influence operations on 

7 social media platforms; 

8 (C) section 847 of such Act, which requires 

9 the Secretary of Defense to modify contracting 

10 regulations regarding vetting for foreign owner11 ship, control and influence in order to mitigate 

12 risks from malign foreign influence; 

13 (D) section 1239 of such Act, which re14 quires an update of the comprehensive strategy 

15 to counter the threat of malign influence to in16 clude the People’s Republic of China; 

17 (E) section 5323 of such Act, which au18 thorizes the Director of National Intelligence to 

19 facilitate the establishment of Social Media 

20 Data and Threat Analysis Center to detect and 

21 study information warfare and malign influence 

22 operations across social media platforms; and 

23 (F) section 119C of the National Security 

24 Act of 1947 (50 U.S.C. 3059), which authorizes 

25 the establishment of a Foreign Malign Influence 


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1 Response Center inside the Office of the Direc2 tor of National Intelligence. 

3 SEC. 162. SENSE OF CONGRESS ON SUPPORT FOR HIGHER 

4 EDUCATION. 

5 It is the sense of Congress that in order to effectively 

6 compete with the People’s Republic of China on the devel7 opment and effective use of science and technology, the 

8 United States must invest and support United States in9 stitutions of higher education operating programs in, and 

10 students at such institutions of higher education studying, 

11 the fields of science, technology, engineering, and mathe12 matics, as well as Chinese linguistic and cultural pro13 ficiency. 

14 SEC. 163. ESTABLISH LIMITATIONS REGARDING CONFU15 CIUS INSTITUTES. 

16 (a) DEFINITION.—In this section, the term ‘‘Confu17 cius Institute’’ means a cultural institute directly or indi18 rectly funded, in whole or in part, by the Government of 

19 China. 

20 (b) RESTRICTIONS OF CONFUCIUS INSTITUTES.—An 

21 institution of higher education or other postsecondary edu22 cational institution (referred to in this section as an ‘‘insti23 tution’’) shall not be eligible to receive Federal funds from 

24 the Department of Education (except funds under title IV 

25 of the Higher Education Act of 1965 (20 U.S.C. 1070 


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1 et seq.) or other Department of Education funds that are 

2 provided directly to students) unless the institution en3 sures that any contract or agreement between the institu4 tion and a Confucius Institute includes clear provisions 

5 that— 

6 (1) protect academic freedom at the institution; 

7 (2) prohibit the application of any foreign law 

8 on any campus of the institution; and 

9 (3) grant full managerial authority of the Con10 fucius Institute to the institution, including full con11 trol over what is being taught, the activities carried 

12 out, the research grants that are made, and who is 

13 employed at the Confucius Institute. 

14 SEC. 164. DISCLOSURES OF FOREIGN GIFTS TO UNITED 

15 STATES INSTITUTIONS OF HIGHER EDU16 CATION. 

17 (a) AMENDMENTS.—Section 117 of the Higher Edu18 cation Act of 1965 (20 U.S.C. 1011f) is amended to read 

19 as follows: 

20 ‘‘SEC. 117. DISCLOSURE OF FOREIGN GIFTS. 

21 ‘‘(a) DISCLOSURE REPORT.—An institution shall file 

22 a disclosure report with the Secretary not later than the 

23 March 31 occurring immediately after— 

24 ‘‘(1) the calendar year in which a foreign source 

25 gains ownership of, or control over, the institution; 


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1 ‘‘(2) the calendar year in which the institution 

2 receives a gift from, or enters into a contract with, 

3 a foreign source, the value of which is $200,000 or 

4 more, considered alone or in combination with all 

5 other gifts from, or contracts with, that foreign 

6 source within the calendar year; or 

7 ‘‘(3) the institution receives a gift from, or en8 ters into a contract with, a foreign source, the value 

9 of which totals $450,000 or more, considered alone 

10 or in combination with all other gifts from, or con11 tracts with, that foreign source over the previous 3 

12 years. 

13 ‘‘(b) CONTENTS OF REPORT.—Each report to the 

14 Secretary required under subsection (a) shall contain the 

15 following: 

16 ‘‘(1)(A) For gifts received from or contracts en17 tered into with a foreign source other than a foreign 

18 government, the aggregate dollar amount of such 

19 gifts and contracts attributable to a particular coun20 try and the legal or formal name of the foreign 

21 source. The country to which a gift is attributable 

22 is the country of citizenship, or if unknown, the 

23 principal residence for a foreign source who is a nat24 ural person, and the country of incorporation, or if 


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1 unknown, the principal place of business, for a for2 eign source which is a legal entity. 

3 ‘‘(B) Notwithstanding subparagraph (A), 

4 in the case of an anonymous gift received from 

5 a foreign source who is a natural person, the in6 stitution shall be required to report only the 

7 country of citizenship and not the formal name 

8 and principal residence of the foreign source. 

9 ‘‘(2) For gifts received from or contracts en10 tered into with a foreign government, the aggregate 

11 amount of such gifts and contracts received from 

12 each foreign government. 

13 ‘‘(3) In the case of an institution which is 

14 owned or controlled by a foreign source, the identity 

15 of the foreign source, the date on which the foreign 

16 source assumed ownership or control, and any 

17 changes in program or structure resulting from the 

18 change in ownership or control. 

19 ‘‘(4) An assurance that the institution will 

20 maintain true copies of gift and contract agreements 

21 subject to the disclosure requirements under this 

22 section for at least the duration of the agreement. 

23 ‘‘(5) An assurance that the institution will 

24 produce true copies of gift and contract agreements 

25 subject to the disclosure requirements under this 


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1 section upon request of the Secretary during a com2 pliance audit or other institutional investigation. 

3 ‘‘(c) ADDITIONAL DISCLOSURES FOR RESTRICTED

4 AND CONDITIONAL GIFTS.—Notwithstanding the provi5 sions of subsection (b), whenever any institution receives 

6 a restricted or conditional gift or contract from a foreign 

7 source, the institution shall disclose the following: 

8 ‘‘(1) For such gifts received from or contracts 

9 entered into with a foreign source other than a for10 eign government, the amount, the date, and a de11 scription of such conditions or restrictions. The re12 port shall also disclose the country of citizenship, or 

13 if unknown, the principal residence for a foreign 

14 source which is a natural person, and the country of 

15 incorporation, or if unknown, the principal place of 

16 business for a foreign source which is a legal entity. 

17 ‘‘(2) For gifts received from or contracts en18 tered into with a foreign government, the amount, 

19 the date, a description of such conditions or restric20 tions, and the name of the foreign government. 

21 ‘‘(d) RELATION TO OTHER REPORTING REQUIRE22 MENTS.— 

23 ‘‘(1) STATE REQUIREMENTS.—If an institution 

24 described under subsection (a) is within a State 

25 which has enacted requirements for public disclosure 


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1 of gifts from or contracts with a foreign source that 

2 includes all information required under this section, 

3 a copy of the disclosure report filed with the State 

4 may be filed with the Secretary in lieu of a report 

5 required under subsection (a). The State in which 

6 the institution is located shall provide to the Sec7 retary such assurances as the Secretary may require 

8 to establish that the institution has met the require9 ments for public disclosure under State law if the 

10 State report is filed. 

11 ‘‘(2) USE OF OTHER FEDERAL REPORTS.—If an 

12 institution receives a gift from, or enters into a con13 tract with, a foreign source, where any other depart14 ment, agency, or bureau of the executive branch re15 quires a report containing all the information re16 quired under this section, a copy of the report may 

17 be filed with the Secretary in lieu of a report re18 quired under subsection (a). 

19 ‘‘(e) PUBLIC DISCLOSURE.— 

20 ‘‘(1) IN GENERAL.—Not later than 30 days 

21 after receiving a disclosure report under this section, 

22 the Secretary shall make such report electronically 

23 available to the public for downloading on a search24 able database under which institutions can be indi25 vidually identified and compared. 


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1 ‘‘(2) MODIFICATIONS.—The Secretary shall in2 corporate a process permitting institutions to revise 

3 and update previously filed disclosure reports under 

4 this section to ensure accuracy, compliance, and abil5 ity to cure. 

6 ‘‘(f) FINES.—The Secretary may impose a civil fine 

7 on an institution that knowingly fails to file a disclosure 

8 report in accordance with this section. 

9 ‘‘(g) TREATMENT OF CERTAIN PAYMENTS AND

10 GIFTS.—The following shall not be considered a gift from 

11 a foreign source under this section: 

12 ‘‘(1) Any payment of tuition and fees to an in13 stitution by, or scholarship from, a foreign source 

14 who is a natural person made on behalf of a student 

15 for institutional charges related to such student’s 

16 cost of attendance that is not made under contract 

17 with such foreign source. 

18 ‘‘(2) Any unrestricted gift made by a foreign 

19 source who is a natural person and an alumnus of 

20 the institution. 

21 ‘‘(h) CONSULTATION.—The Secretary shall consult 

22 with the Director of the Office of Science and Technology 

23 Policy, the Director of the National Institutes of Health, 

24 the Director of the National Science Foundation, the Sec25 retary of Energy, the Secretary of Defense, the AdminisVerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629

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1 trator of the National Aeronautics and Space Administra2 tion, the Administrator of the National Oceanic and At3 mospheric Administration, the Director of the National 

4 Institute of Standards and Technology, and the heads of 

5 other relevant Federal agencies or entities, regarding the 

6 reporting of gifts from and contracts with foreign sources 

7 in order to align, to the extent practicable, the methods 

8 of reporting prescribed by this section. 

9 ‘‘(i) DEFINITIONS.—In this section— 

10 ‘‘(1) the term ‘contract’ means any agreement 

11 for the acquisition by purchase, lease, or barter of 

12 property or services by the foreign source, for the di13 rect benefit or use of either of the parties; 

14 ‘‘(2) the term ‘foreign source’ means— 

15 ‘‘(A) a foreign government, including an 

16 agency of a foreign government; 

17 ‘‘(B) a legal entity, governmental or other18 wise, created solely under the laws of a foreign 

19 state or states; 

20 ‘‘(C) an individual who is not a citizen or 

21 a national of the United States or a trust terri22 tory or protectorate thereof; and 

23 ‘‘(D) an agent, including a subsidiary or 

24 affiliate of a foreign legal entity, acting on be25 half of a foreign source; 


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1 ‘‘(3) the term ‘gift’ means any gift of money, 

2 property, or human resources; 

3 ‘‘(4) the term ‘institution’ means any institu4 tion, public or private, or, if a multicampus institu5 tion, any single campus of such institution, in any 

6 State, that— 

7 ‘‘(A) is legally authorized within such 

8 State to provide a program of education beyond 

9 secondary school; 

10 ‘‘(B) provides a program for which the in11 stitution awards a bachelor’s degree (or pro12 vides not less than a 2-year program which is 

13 acceptable for full credit toward such a degree) 

14 or more advanced degrees; and 

15 ‘‘(C) is accredited by a recognized accred16 iting agency or association and to which institu17 tion Federal financial assistance is extended 

18 (directly or indirectly through another entity or 

19 person), or which institution receives support 

20 from the extension of Federal financial assist21 ance to any of the institution’s subunits; and 

22 ‘‘(5) the term ‘restricted or conditional gift or 

23 contract’ means any endowment, gift, grant, con24 tract, award, present, or property of any kind which 

25 includes provisions regarding— 


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1 ‘‘(A) the employment, assignment, or ter2 mination of faculty; 

3 ‘‘(B) the establishment of departments, 

4 centers, institutes, instructional programs, re5 search or lecture programs, or new faculty posi6 tions; 

7 ‘‘(C) the selection or admission of stu8 dents; or 

9 ‘‘(D) the award of grants, loans, scholar10 ships, fellowships, or other forms of financial 

11 aid restricted to students of a specified country, 

12 religion, sex, ethnic origin, or political opin13 ion.’’. 

14 (b) REGULATIONS.— 

15 (1) IN GENERAL.—Not later than 1 year after 

16 the date of enactment of this Act, the Secretary 

17 shall issue regulations, developed through the nego18 tiated rulemaking process under section 492 of the 

19 Higher Education Act of 1965 (20 U.S.C. 1098a), 

20 to carry out section 117 of such Act, as amended by 

21 this section. 

22 (2) ISSUES.—Regulations issued pursuant to 

23 paragraph (1), shall, at a minimum, address the fol24 lowing issues: 


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1 (A) Instructions on reporting structured 

2 gifts and contracts. 

3 (B) The inclusion in institutional reports 

4 of gifts received from, and contracts entered 

5 into with, foreign sources by entities and orga6 nizations, such as research foundations, that 

7 operate substantially for the benefit or under 

8 the auspices of the institution. 

9 (c) EFFECTIVE DATE.— 

10 (1) IN GENERAL.—The amendments made by 

11 this section shall take effect on the earlier of— 

12 (A) the day on which the regulations 

13 issued under subsection (b) are issued; or 

14 (B) the day that is 1 year and 90 days 

15 after the date of enactment of this Act. 

16 (2) TRANSITION.—The provisions of section 

17 117 of the Higher Education Act of 1965 (20 

18 U.S.C. 1011f), as in effect on the day before the 

19 date of enactment of this Act, shall continue to 

20 apply until the amendments made by this section 

21 take effect under paragraph (1). 


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1 SEC. 165. ENCOURAGE THE DEVELOPMENT OF A NON-GOV2 ERNMENTAL CODE OF CONDUCT FOR COUN3 TERING MALIGN INFLUENCE AT COLLEGES 

4 AND UNIVERSITIES. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that— 

7 (1) institutions of higher education of the 

8 United States should develop best practices and co9 operate with efforts to report on and record the in10 fluence of the Government of China at academic in11 stitutions, including appropriate actions against gov12 ernment entities of the People’s Republic of China 

13 responsible for harassment; 

14 (2) institutions of higher education should— 

15 (A) assess the operation of Confucius In16 stitutes as defined in section 163(a) to ensure 

17 their agreements with the Office of Chinese 

18 Language Council International (commonly 

19 known as ‘‘Hanban’’) allow transparency and 

20 compliance with norms of academic freedom; 

21 and 

22 (B) consider joint actions against the Gov23 ernment of China in response to unwarranted 

24 visa denials and prolonged delays for research 

25 in the People’s Republic of China targeting 


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1 their scholars, or other obstacles to academic 

2 research; 

3 (3) all organizations on the campuses of institu4 tions of higher education of the United States that 

5 receive substantial funding or support from Chinese 

6 diplomatic missions or other entities linked to the 

7 Chinese Communist Party or the Government of 

8 China, should— 

9 (A) report such information or register, as 

10 appropriate, as foreign agents; 

11 (B) disclose annually all sources and 

12 amounts of funding received, directly or indi13 rectly, from the Communist Party of China, the 

14 Government of China, or enterprises owned by 

15 the People’s Republic of China, as required by 

16 law; and 

17 (C) help mentor and support students and 

18 scholars from the People’s Republic of China to 

19 ensure that the students and scholars can enjoy 

20 full academic freedom; and 

21 (4) institutions of higher education of the 

22 United States undertaking exchange programs or 

23 operating satellite campuses in the People’s Republic 

24 of China should do so with open and transparent 

25 agreements and policies to ensure the protection of 


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1 academic freedom, including control over hiring and 

2 firing, freedom of scholarly research, and protection 

3 for the curriculum. 

4 (b) GAO REPORT.—Not later than 180 days after 

5 the date of enactment of this Act, the Comptroller General 

6 of the United States shall issue a report that assesses 

7 whether the Department of State and the Department of 

8 Homeland Security have the adequate resources, and are 

9 adequately able, to vet students and scholars in a timely 

10 and expeditious fashion to prevent those individuals with 

11 specific ties to the People’s Liberation Army from entering 

12 the United States. 

13 SEC. 166. AUTHORIZATION OF APPROPRIATIONS FOR 

14 SCIENCE, TECHNOLOGY, ENGINEERING, AND 

15 MATHEMATICS EDUCATION AND TRAINING. 

16 (a) AUTHORIZATION OF APPROPRIATIONS.—To 

17 strengthen the competitiveness of the domestic workforce 

18 in critical technology industries by expanding assistance 

19 for education and training in science, technology, engi20 neering, and mathematics, including for underserved and 

21 underrepresented populations to achieve a more diverse 

22 and inclusive workforce in these industries, there are au23 thorized to be appropriated to the Director of the National 

24 Science Foundation the following: 


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1 (1) For the Scholarships in Science, Tech2 nology, Engineering, and Mathematics program 

3 under section 414(d) of the American Competitive4 ness and Workforce Improvement Act of 1998 (42 

5 U.S.C. 1869c), notwithstanding section 414(d)(4) 

6 and in addition to funds provided by section 

7 414(d)(4)— 

8 (A) for fiscal year 2021, $157,290,000; 

9 (B) for fiscal year 2022, $168,300,000; 

10 (C) for fiscal year 2023, $180,081,000; 

11 (D) for fiscal year 2024, $192,687,000; 

12 and 

13 (E) for fiscal year 2025, $206,175,000. 

14 (2) For the National Science Foundation grad15 uate research fellowship program— 

16 (A) for fiscal year 2021, $304,469,000; 

17 (B) for fiscal year 2022, $325,782,000; 

18 (C) for fiscal year 2023, $348,587,000; 

19 (D) for fiscal year 2024, $372,988,000; 

20 and 

21 (E) for fiscal year 2025, $399,097,000. 

22 (3) For the National Science Foundation re23 search traineeship program— 

24 (A) for fiscal year 2021, $57,876,000; 

25 (B) for fiscal year 2022, $61,927,000; 


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1 (C) for fiscal year 2023, $66,262,000; 

2 (D) for fiscal year 2024, $70,900,000; and 

3 (E) for fiscal year 2025, $75,863,000. 

4 (4) For the National Science Foundation re5 search experience for undergraduates— 

6 (A) for fiscal year 2021, $88,864,000; 

7 (B) for fiscal year 2022, $95,084,000; 

8 (C) for fiscal year 2023, $101,740,000; 

9 (D) for fiscal year 2024, $108,862,000; 

10 and 

11 (E) for fiscal year 2025, $116,482,000. 

12 (5) For the National Science Foundation Inclu13 sion across the Nation of Communities of Learners 

14 of Underrepresented Discoverers in Engineering and 

15 Science— 

16 (A) for fiscal year 2021, $21,614,000; 

17 (B) for fiscal year 2022, $23,127,000; 

18 (C) for fiscal year 2023, $24,746,000; 

19 (D) for fiscal year 2024, $26,478,000; and 

20 (E) for fiscal year 2025, $28,331,000. 

21 (6) For the National Science Foundation AD22 VANCE: organizational change for gender equity in 

23 STEM academic professions— 

24 (A) for fiscal year 2021, $19,260,000; 

25 (B) for fiscal year 2022, $20,608,000; 


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1 (C) for fiscal year 2023, $22,051,000; 

2 (D) for fiscal year 2024, $23,595,000; and 

3 (E) for fiscal year 2025, $25,247,000. 

4 (7) For the National Science Foundation cyber 

5 scholarships for service— 

6 (A) for fiscal year 2021, $59,203,000; 

7 (B) for fiscal year 2022, $63,347,000; 

8 (C) for fiscal year 2023, $67,781,000; 

9 (D) for fiscal year 2024, $72,526,000; and 

10 (E) for fiscal year 2025, $77,603,000. 

11 (8) For the National Science Foundation His12 torically Black Colleges and Universities under13 graduate program— 

14 (A) for fiscal year 2021, $37,450,000; 

15 (B) for fiscal year 2022, $40,072,000; 

16 (C) for fiscal year 2023, $42,877,000; 

17 (D) for fiscal year 2024, $45,878,000; and 

18 (E) for fiscal year 2025, $49,089,000. 

19 (9) For the National Science Foundation Tribal 

20 Colleges and Universities program— 

21 (A) for fiscal year 2021, $16,050,000; 

22 (B) for fiscal year 2022, $17,174,000; 

23 (C) for fiscal year 2023, $18,376,000; 

24 (D) for fiscal year 2024, $19,662,000; and 

25 (E) for fiscal year 2025, $21,038,000. 


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1 (10) For the National Science Foundation His2 panic serving institutions program— 

3 (A) for fiscal year 2021, $48,150,000; 

4 (B) for fiscal year 2022, $51,521,000; 

5 (C) for fiscal year 2023, $55,127,000; 

6 (D) for fiscal year 2024, $58,986,000; and 

7 (E) for fiscal year 2025, $63,115,000. 

8 (b) SUPPLEMENT, NOT SUPPLANT.—Amounts ap9 propriated under subsection (a) shall supplement, and not 

10 supplant, amounts otherwise appropriated to award grants 

11 to carry out mid-scale projects (as defined in section 

12 109(b)(4) of the American Innovation and Competitive13 ness Act (Public Law 114–329; 130 Stat. 2988). 

14 SEC. 167. AUTHORIZATION OF APPROPRIATIONS FOR THE 

15 FULBRIGHT-HAYS PROGRAM. 

16 There are authorized to be appropriated, for the 6- 

17 year period beginning on September 30, 2020, 

18 $105,500,000, which shall be expended to promote edu19 cation, training, research, and foreign language skills 

20 through the Fulbright-Hays Program, in accordance with 

21 section 102(b) of the Mutual Educational and Cultural 

22 Exchange Act of 1961 (22 U.S.C. 2452(b)). 


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1 SEC. 168. AUTHORIZATION OF APPROPRIATIONS FOR 

2 INTERNATIONAL AND FOREIGN LANGUAGE 

3 EDUCATION PROGRAMS. 

4 In order to promote international and foreign lan5 guage education and global understanding at institutions 

6 of higher education in the United States, there are author7 ized to be appropriated, for the 6-year period beginning 

8 on September 30, 2020, $632,000,000 to carry out the 

9 international and foreign language education programs 

10 under title VI of the Higher Education Act of 1965 (20 

11 U.S.C. 1121 et seq.). 

12 SEC. 169. SUPPORT FOR SCIENCE AND ENGINEERING RE13 SEARCH INFRASTRUCTURE. 

14 (a) DEFINITIONS.—In this section: 

15 (1) INSTITUTION OF HIGHER EDUCATION.—The 

16 term ‘‘institution of higher education’’ has the 

17 meaning given such term in section 101 of the High18 er Education Act of 1965 (20 U.S.C. 1001). 

19 (2) MID-SCALE PROJECTS.—The term ‘‘mid20 scale projects’’ has the meaning given such term in 

21 section 109(b)(4) of the American Innovation and 

22 Competitiveness Act (Public Law 114–329; 130 

23 Stat. 2988). 

24 (3) MINORITY-SERVING INSTITUTION.—The 

25 term ‘‘minority-serving institution’’ means an eligi26 ble institution described in section 371(a) of the 


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1 Higher Education Act of 1965 (20 U.S.C. 

2 1067q(a)). 

3 (b) NATIONAL INSTITUTE OF STANDARDS AND

4 TECHNOLOGY GRANTS FOR FACILITIES AT INSTITUTIONS

5 OF HIGHER EDUCATION.— 

6 (1) IN GENERAL.—The Director of the National 

7 Institute of Standards and Technology shall award 

8 grants on a competitive basis to institutions of high9 er education to construct, renovate, or expand re10 search and development facilities and infrastructure 

11 to support research and development in critical tech12 nology areas. 

13 (2) GEOGRAPHIC DISTRIBUTION.—In carrying 

14 out paragraph (1), the Director shall ensure equi15 table geographic distribution of funds. 

16 (3) AWARDS TO MINORITY-SERVING INSTITU17 TIONS.—The Director shall ensure that of the 

18 amounts awarded under paragraph (1), not less than 

19 10 percent of such amounts are awarded to minor20 ity-serving institutions. 

21 (4) AUTHORIZATION OF APPROPRIATIONS.— 

22 There is authorized to be appropriated to carry out 

23 paragraph (1) $300,000,000 for the period of fiscal 

24 years 2021 through 2025. 


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1 (c) NATIONAL SCIENCE FOUNDATION GRANTS FOR

2 MID-SCALE PROJECTS.— 

3 (1) IN GENERAL.—The Director of the National 

4 Science Foundation shall award grants on a com5 petitive basis to eligible entities to carry out mid6 scale projects. 

7 (2) ELIGIBLE ENTITIES.—For purposes of this 

8 subsection, an eligible entity is an institution of 

9 higher education, a nonprofit organization, or a con10 sortium of institutions of higher education or non11 profit organizations, that the Director of the Na12 tional Science Foundation considers eligible to re13 ceive a grant under paragraph (1). 

14 (3) AUTHORIZATION OF APPROPRIATIONS.— 

15 (A) IN GENERAL.—There is authorized to 

16 be appropriated to carry out paragraph (1) 

17 $300,000,000 for the period of fiscal years 

18 2021 through 2025. 

19 (B) SUPPLEMENT, NOT SUPPLANT.— 

20 Amounts appropriated under subparagraph (A) 

21 shall supplement, and not supplant, amounts 

22 otherwise appropriated to award grants to carry 

23 out mid-scale projects. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS FOR DE2 FENSE UNIVERSITY RESEARCH INSTRUMENTATION PRO3 GRAM.— 

4 (1) IN GENERAL.—For the Secretary of De5 fense to award grants under the Defense University 

6 Research Instrumentation Program in accordance 

7 with section 2358 of title 10, United States Code, 

8 and section 6304 of title 31, United States Code, 

9 there is authorized to be appropriated— 

10 (A) for fiscal year 2021, $45,017,000; 

11 (B) for fiscal year 2022, $48,169,000; 

12 (C) for fiscal year 2023, $51,541,000; 

13 (D) for fiscal year 2024, $55,149,000; and 

14 (E) for fiscal year 2025, $59,009,000. 

15 (2) AVAILABILITY FOR AWARDS UNDER DE16 FENSE ESTABLISHED PROGRAM TO STIMULATE COM17 PETITIVE RESEARCH.—Of the amounts appropriated 

18 pursuant to paragraph (1) for the Defense Univer19 sity Research Instrumentation Program in a fiscal 

20 year, not less than 15 percent shall be available in 

21 that fiscal year to support awards through the De22 fense Established Program to Stimulate Competitive 

23 Research (DEPSCoR). 

24 (3) AWARDS TO MINORITY-SERVING INSTITU25 TIONS.—Of the amounts appropriated pursuant to 


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1 paragraph (1) for the Defense University Research 

2 Instrumentation Program in a fiscal year, not less 

3 than 10 percent of such amounts shall be used for 

4 awards to minority-serving institutions. 

5 (e) SUPPLEMENT, NOT SUPPLANT.—The amounts 

6 authorized to be appropriated by subsections (b) through 

7 (d) for the purposes set forth in such subsections shall 

8 supplement, not supplant, amounts otherwise authorized 

9 to be appropriated for such purposes. 

10 SEC. 170. BUILDING THE INNOVATION AND MANUFAC11 TURING WORKFORCE OF THE UNITED 

12 STATES. 

13 (a) DEPARTMENT OF DEFENSE MANUFACTURING

14 ENGINEERING EDUCATION PROGRAM.— 

15 (1) IN GENERAL.—The Secretary of Defense 

16 may, on a competitive basis, award grants to at least 

17 20 eligible entities through the Manufacturing Engi18 neering Education Program established under sec19 tion 2196(a)(1) of title 10, United States Code, for 

20 the enhancement of existing programs under sub21 paragraph (A) of such section or establishment of 

22 new programs under subparagraph (B) of such sec23 tion to support industry-relevant, manufacturing-fo24 cused engineering training, with a focus on critical 

25 technology areas. 


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1 (2) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to carry out 

3 paragraph (1)— 

4 (A) for fiscal year 2021, $16,050,000; 

5 (B) for fiscal year 2022, $17,174,000; 

6 (C) for fiscal year 2023, $18,376,000; 

7 (D) for fiscal year 2024, $19,662,000; and 

8 (E) for fiscal year 2025, $21,038,000. 

9 (3) SUPPLEMENT, NOT SUPPLANT.—Amounts 

10 appropriated under paragraph (2) shall supplement 

11 and not supplant any amounts otherwise appro12 priated to carry out the Manufacturing Engineering 

13 Education Program. 

14 (b) AUTHORIZATION OF APPROPRIATIONS FOR NA15 TIONAL SCIENCE FOUNDATION ADVANCED TECHNO16 LOGICAL EDUCATION PROGRAM.— 

17 (1) IN GENERAL.—To award grants under sec18 tion 3(a) of the Scientific and Advanced-Technology 

19 Act of 1992 (42 U.S.C. 1862i(a)) for training pro20 grams and education programs in manufacturing re21 lated to the critical technology areas, there is au22 thorized to be appropriated— 

23 (A) for fiscal year 2020, $80,250,000; 

24 (B) for fiscal year 2021, $85,868,000; 

25 (C) for fiscal year 2022, $91,879,000; 


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1 (D) for fiscal year 2023, $98,311,000; and 

2 (E) for fiscal year 2024, $105,193,000. 

3 (2) SUPPLEMENT, NOT SUPPLANT.—Amounts 

4 appropriated under paragraph (1) shall supplement 

5 and not supplant any amounts otherwise appro6 priated to award grants under section 3(a) of the 

7 Scientific and Advanced-Technology Act of 1992 (42 

8 U.S.C. 1862i(a)). 

9 SEC. 171. APPRENTICESHIP OPPORTUNITIES. 

10 (a) DEFINITION OF ELIGIBLE ENTITY.—The term 

11 ‘‘eligible entity’’ means a consortium of entities that shall 

12 include 1 or more representatives from each of the fol13 lowing: 

14 (1) A local educational agency (as defined in 

15 section 8101 of the Elementary and Secondary Edu16 cation Act of 1965 (20 U.S.C. 7801)), an area ca17 reer and technical education school (as defined in 

18 section 3 of the Carl D. Perkins Career and Tech19 nical Education Act of 2006 (20 U.S.C. 2302)), an 

20 educational service agency (as defined in section 

21 8101 of the Elementary and Secondary Education 

22 Act of 1965 (20 U.S.C. 7801)), or a postsecondary 

23 educational institution. 

24 (2) An industry or business, consisting of an 

25 employer, a group of employers, a trade association, 


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1 a professional association, an apprenticeship pro2 gram, or an entity that sponsors an apprenticeship 

3 program. 

4 (3) A State workforce development board estab5 lished under section 101 of the Workforce Innova6 tion and Opportunity Act (29 U.S.C. 3111) or a 

7 local workforce development board established under 

8 section 107 of such Act (29 U.S.C. 3122), subject 

9 to section 107(c)(4)(B)(i) of such Act (29 U.S.C. 

10 3122(c)(4)(B)(i)). 

11 (4) To the maximum extent practicable, as de12 termined by the consortium, one or more of the fol13 lowing: 

14 (A) A labor organization associated with 

15 the industry sector or occupation related to the 

16 apprenticeship program involved. 

17 (B) A qualified intermediary. 

18 (C) A community-based organization with 

19 experience serving populations that have been 

20 historically underrepresented in apprenticeship 

21 programs. 

22 (b) IN GENERAL.—From amounts appropriated 

23 under subsection (e), the Secretary of Labor shall award 

24 grants, contracts, or cooperative agreements to eligible en25 tities on a competitive basis to create or expand apprenVerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00267 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629

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1 ticeship programs to prepare the workforce for in-demand 

2 jobs, including in sectors that enhance the competitiveness 

3 of the United States. 

4 (c) USE OF FUNDS.—In making awards under sub5 section (b), the Secretary of Labor shall ensure that— 

6 (1) not less than 50 percent of the funds appro7 priated under subsection (e) shall be awarded to 

8 States in accordance with the award information de9 scribed in the Department of Labor Employment 

10 and Training Administration Training and Employ11 ment Guidance Letter No. 17–18 issued on May 3, 

12 2019; and 

13 (2) the funds remaining under subsection (e) 

14 after the application of paragraph (1) shall be used 

15 for creating or expanding opportunities in appren16 ticeship programs, including opportunities in pre-ap17 prenticeship programs and youth apprenticeship pro18 grams, and related activities, including— 

19 (A) using recruitment and retention strate20 gies for program participants with a priority for 

21 recruiting and retaining, for apprenticeship pro22 grams, a high number or high percentage of in23 dividuals with barriers to employment (as de24 fined in section 3 of the Workforce Innovation 

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1 dividuals from populations traditionally under2 represented in apprenticeship programs; 

3 (B) engaging employers in the expansion, 

4 development, and execution of apprenticeship 

5 programs; 

6 (C) expanding apprenticeship opportunities 

7 in high-skill, high-wage, or in-demand industry 

8 sectors and occupations, including construction; 

9 (D) supporting national industry and eq10 uity intermediaries and local intermediaries; 

11 (E) improving alignment with secondary, 

12 postsecondary, and adult education programs 

13 and workforce development programs; 

14 (F) encouraging employer participation; 

15 and 

16 (G) developing new apprenticeship pro17 grams in industry sectors or occupations not 

18 traditionally represented in apprenticeship pro19 grams. 

20 (d) RULE OF CONSTRUCTION.—If funds awarded 

21 under this Act, including all funds awarded for the pur22 poses of grants, contracts, or cooperative agreements, or 

23 the development, implementation, or administration of ap24 prenticeship programs, are used to fund apprenticeship 

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1 ticeship programs (or opportunities in apprenticeship pro2 grams) that meet the definition of an apprenticeship under 

3 this section. 

4 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $750,000,000 for the period of fiscal years 2021 through 

7 2026. 

8 SEC. 172. COMMUNITY COLLEGE AND INDUSTRY PARTNER9 SHIP GRANTS. 

10 (a) DEFINITIONS.—In this section: 

11 (1) PERKINS CTE DEFINITIONS.—The terms 

12 ‘‘career and technical education’’, ‘‘dual or concur13 rent enrollment program’’, and ‘‘work-based learn14 ing’’ have the meanings given the terms in section 

15 3 of the Carl D. Perkins Career and Technical Edu16 cation Act of 2006 (20 U.S.C. 2302). 

17 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti18 ty’’— 

19 (A) means an eligible institution or a con20 sortium of such eligible institutions; and 

21 (B) may include a multistate consortium of 

22 such eligible institutions. 

23 (3) ELIGIBLE INSTITUTION.—The term ‘‘eligi24 ble institution’’ means a public institution of higher 

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1 er Education Act of 1965 (20 U.S.C. 1001(a)) at 

2 which the highest degree that is predominantly 

3 awarded to students is an associate degree, including 

4 a 2-year Tribal College or University (as defined in 

5 section 316 of the Higher Education Act of 1965 

6 (20 U.S.C. 1059c)). 

7 (4) IN-DEMAND INDUSTRY SECTOR OR OCCUPA8 TION.—The term ‘‘in-demand industry sector or oc9 cupation’’ has the meaning given the term in section 

10 3 of the Workforce Innovation and Opportunity Act 

11 (29 U.S.C. 3102). 

12 (b) GRANT AUTHORITY.— 

13 (1) IN GENERAL.—From amounts appropriated 

14 under subsection (h) and not reserved under sub15 section (f), the Secretary of Labor, in collaboration 

16 with the Secretary of Education (acting through the 

17 Office of Career, Technical, and Adult Education) 

18 shall award, on a competitive basis, grants, con19 tracts, or cooperative agreements, in accordance with 

20 section 169(b)(5) of the Workforce Innovation and 

21 Opportunity Act (29 U.S.C. 3224(b)(5)), to eligible 

22 entities to assist such eligible entities in— 

23 (A) establishing and scaling career training 

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1 cation programs, and industry and sector part2 nerships to inform such programs; and 

3 (B) providing necessary student supports 

4 for participation in such programs. 

5 (2) AWARD AMOUNTS.—The total amount of 

6 funds awarded under this section to an eligible enti7 ty shall not exceed— 

8 (A) in the case of an eligible entity that is 

9 an eligible institution, $2,500,000; and 

10 (B) in the case of an eligible entity that is 

11 a consortium, $15,000,000. 

12 (3) AWARD PERIOD.—A grant, contract, or co13 operative agreement awarded under this section shall 

14 be for a period of not more than 4 years, except that 

15 the Secretary of Labor may extend such a grant, 

16 contract, or agreement for an additional 2-year pe17 riod. 

18 (4) EQUITABLE DISTRIBUTION.—In awarding 

19 grants under this section, the Secretary of Labor 

20 shall ensure, to the extent practicable, the equitable 

21 distribution of grants, based on— 

22 (A) geography (such as urban and rural 

23 distribution); and 

24 (B) States and local areas significantly im25 pacted by the COVID–19 national emergency. 


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1 (c) PRIORITY.—In awarding funds under this section, 

2 the Secretary of Labor shall give priority to eligible enti3 ties that will use such funds to serve individuals impacted 

4 by the COVID–19 national emergency, as demonstrated 

5 by providing an assurance in the application submitted 

6 under subsection (d) that the eligible entity will use such 

7 funds to— 

8 (1) serve such individuals who are— 

9 (A) individuals with barriers to employ10 ment; 

11 (B) veterans or spouses of members of the 

12 Armed Forces; 

13 (C) Native Americans, Alaska Natives, or 

14 Native Hawaiians; or 

15 (D) incumbent workers who are low-skilled 

16 and who need to increase their employability 

17 skills; 

18 (2) serve such individuals from each major ra19 cial and ethnic group or gender with lower-than-av20 erage educational attainment in the State or employ21 ment in the in-demand industry sector or occupation 

22 that such award will support; or 

23 (3) serve areas with high unemployment rates 

24 or high levels of poverty, including rural areas. 


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1 (d) APPLICATION.—An eligible entity seeking an 

2 award of funds under this section shall submit to the Sec3 retary of Labor an application containing a grant proposal 

4 at such time and in such manner, and containing such 

5 information, as required by the Secretary, including a de6 tailed description of the following: 

7 (1) Each entity (and the roles and responsibil8 ities of each entity) with which the eligible entity will 

9 partner to carry out activities under this section, 

10 which shall include, at a minimum— 

11 (A) an industry or sector partnership (as 

12 defined in section 3 of the Workforce Innova13 tion and Opportunity Act (29 U.S.C. 3102)) 

14 representing a high-skill, high-wage, or in-de15 mand industry sector or occupation; 

16 (B) a State higher education agency (as 

17 defined in section 103 of the Higher Education 

18 Act of 1965 (20 U.S.C. 1003)) or a State work19 force agency; and 

20 (C) to the extent practicable, one or more 

21 of each of the following: 

22 (i) State or local workforce develop23 ment systems. 

24 (ii) Economic development or other 

25 relevant State or local agencies. 


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1 (iii) Community-based organizations. 

2 (iv) Institutions of higher education 

3 that primarily award 4-year degrees with 

4 which the eligible entity has developed or 

5 will develop articulation agreements for 

6 programs created or expanded using funds 

7 under this section. 

8 (v) Providers of adult education. 

9 (vi) One or more labor organizations 

10 or joint labor-management partnerships. 

11 (2) The programs that will be supported with 

12 such award, including a description of— 

13 (A) each program that will be developed or 

14 expanded, and how the program will be respon15 sive to the high-skill, high-wage, or in-demand 

16 industry sectors or occupations in the geo17 graphic region served by the eligible entity 

18 under this section, including— 

19 (i) how the eligible entity will collabo20 rate with employers to ensure each such 

21 program will provide the skills and com22 petencies necessary to meet future employ23 ment demand; and 

24 (ii) the quantitative data and evidence 

25 that demonstrates the extent to which each 


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1 such program will meet the needs of em2 ployers in the geographic area served by 

3 the eligible entity under this section; 

4 (B) the recognized postsecondary creden5 tials to be awarded under each program de6 scribed in subparagraph (A); 

7 (C) how each such program will facilitate 

8 cooperation between representatives of workers 

9 and employers in the local areas to ensure a 

10 fair and engaging workplace that balances the 

11 priorities and well-being of workers with the 

12 needs of businesses; 

13 (D) the extent to which each such program 

14 aligns with a statewide or regional workforce 

15 development strategy, including such strategies 

16 established under section 102(b)(1) of the 

17 Workforce Innovation and Opportunity Act (29 

18 U.S.C. 3112(b)(1)); and 

19 (E) how the eligible entity will ensure the 

20 quality of each such program, the career path21 ways within each such program, and the jobs in 

22 the industry sectors or occupations to which the 

23 program is aligned. 


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1 (3) The extent to which the eligible entity can 

2 leverage additional resources, and demonstration of 

3 the future sustainability of each such program. 

4 (4) How each such program and the activities 

5 carried out with funds under this section will include 

6 evidence-based practices, including a description of 

7 such practices. 

8 (5) The student populations that will be served 

9 by the eligible entity, including— 

10 (A) an analysis of any barriers to employ11 ment or barriers to postsecondary education 

12 that such populations face, and an analysis of 

13 how the services to be provided by the eligible 

14 entity under this section will address such bar15 riers; and 

16 (B) how the eligible entity will support 

17 such populations to establish a work history, 

18 demonstrate success in the workplace, and de19 velop the skills and competencies that lead to 

20 entry into and retention in unsubsidized em21 ployment. 

22 (6) Assurances the eligible entity will partici23 pate in and comply with third-party evaluations de24 scribed in subsection (f)(3). 

25 (e) USE OF FUNDS.— 


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1 (1) IN GENERAL.—An eligible entity receiving a 

2 grant, contract, or cooperative agreement under this 

3 section shall use funds made available under such 

4 grant, contract, or cooperative agreement to estab5 lish and scale career training programs, including 

6 career and technical education programs, and career 

7 pathways and supports for students participating in 

8 such programs. 

9 (2) STUDENT SUPPORT AND EMERGENCY SERV10 ICES.—Not less than 15 percent of funds made 

11 available to an eligible entity under this section shall 

12 be used to carry out student support services, which 

13 may include the following: 

14 (A) Supportive services, including 

15 childcare, transportation, mental health serv16 ices, substance use disorder prevention and 

17 treatment, assistance in obtaining health insur18 ance coverage, housing, and assistance in ac19 cessing the supplemental nutrition assistance 

20 program established under the Food and Nutri21 tion Act of 2008 (7 U.S.C. 2011 et seq.), the 

22 special supplemental nutrition program for 

23 women, infants, and children established by sec24 tion 17 of the Child Nutrition Act of 1966 (42 


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1 U.S.C. 1786), and other benefits, as appro2 priate. 

3 (B) Connecting students to State or Fed4 eral means-tested benefits programs, including 

5 the means-tested Federal benefits programs de6 scribed in subparagraphs (A) through (F) of 

7 section 479(d)(2) of the Higher Education Act 

8 of 1965 (20 U.S.C. 1087ss(d)(2)). 

9 (C) The provision of direct financial assist10 ance to help students facing financial hardships 

11 that may impact enrollment in or completion of 

12 a program assisted with such funds. 

13 (D) Navigation, coaching, mentorship, and 

14 case management services, including providing 

15 information and outreach to populations de16 scribed in subsection (c) to take part in a pro17 gram supported with such funds. 

18 (E) Providing access to necessary supplies, 

19 materials, or technological devices, and required 

20 equipment, and other supports necessary to 

21 participate in such programs. 

22 (3) ADDITIONAL REQUIRED PROGRAM ACTIVI23 TIES.—The funds awarded to an eligible entity 

24 under this section that remain after carrying out 

25 paragraph (2) shall be used to— 


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1 (A) create, develop, or expand articulation 

2 agreements (as defined in section 486A(a) of 

3 the Higher Education Act of 1965 (20 U.S.C. 

4 1093a(a)), credit transfer agreements, policies 

5 to award credit for prior learning, corequisite 

6 remediation, dual or concurrent enrollment pro7 grams, career pathways, and competency-based 

8 education; 

9 (B) establish or expand industry or sector 

10 partnerships to develop or expand academic 

11 programs and curricula; 

12 (C) establish or expand work-based learn13 ing opportunities, including apprenticeship pro14 grams or paid internships; 

15 (D) establish or implement plans for pro16 grams supported with funds under this section 

17 to be included on the list of programs and eligi18 ble training providers described under section 

19 122(d) of the Workforce Innovation and Oppor20 tunity Act (29 U.S.C. 3152(d)); 

21 (E) award academic credit or provide for 

22 academic alignment toward credit pathways for 

23 programs assisted with such funds, including 

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1 petency-based education, or work-based learn2 ing; 

3 (F) make available open, searchable, and 

4 comparable information on the recognized post5 secondary credentials awarded under such pro6 grams, including the related skills or com7 petencies, related employment, and earnings 

8 outcomes; or 

9 (G) acquiring equipment necessary to sup10 port activities permitted under this section. 

11 (f) SECRETARIAL RESERVATIONS.—Not more than 5 

12 percent of the funds appropriated for a fiscal year may 

13 be used by the Secretary of Labor for— 

14 (1) the administration of the program under 

15 this section, including providing technical assistance 

16 to eligible entities; 

17 (2) targeted outreach to eligible institutions 

18 serving a high number or high percentage of low-in19 come populations, and rural-serving eligible institu20 tions, to provide guidance and assistance in the 

21 grant application process under this section; and 

22 (3) a rigorous, third-party evaluation that uses 

23 experimental or quasi-experimental design or other 

24 research methodologies that allow for the strongest 

25 possible causal inferences to determine whether each 


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1 eligible entity carrying out a program supported 

2 under this section has met the goals of such pro3 gram as described in the application submitted by el4 igible entity, including through a national assess5 ment of all such programs at the conclusion of each 

6 4-year grant period. 

7 (g) REPORTS AND DISSEMINATION.— 

8 (1) REPORTS.—Each eligible entity receiving 

9 funds under this section shall prepare and submit a 

10 report to the Secretary of Labor annually that in11 cludes— 

12 (A) a description of the programs sup13 ported with such funds, including activities car14 ried out directly by the eligible entity and ac15 tivities carried out by each partner of the eligi16 ble entity described in subsection (d)(1); 

17 (B) data on the population served with the 

18 funds and labor market outcomes of popu19 lations served by the funds; 

20 (C) a description of the resources leveraged 

21 by the eligible entity to support activities under 

22 this section; and 

23 (D) the performance of each program sup24 ported with such funds with respect to the pri25 mary indicators of performance under section 


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1 116(b)(2)(A)(i) of the Workforce Innovation 

2 and Opportunity Act (29 U.S.C. 

3 3141(b)(2)(A)(i)). 

4 (2) DISSEMINATION.—Each eligible entity re5 ceiving funds under this section shall— 

6 (A) participate in activities regarding the 

7 dissemination of related research, best prac8 tices, and technical assistance; and 

9 (B) to the extent practicable, and as deter10 mined by the Secretary of Labor, make avail11 able to the public any materials created under 

12 the grant. 

13 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section 

15 $2,000,000,000 for fiscal year 2020, to remain available 

16 through fiscal year 2024. 

17 SEC. 173. SENSE OF CONGRESS THAT INSTITUTIONS OF 

18 HIGHER EDUCATION, FEDERAL AND STATE 

19 GOVERNMENTS, AND BUSINESSES SHOULD 

20 ADDRESS THE UNDERREPRESENTATION OF 

21 STUDENTS OF COLOR AND WOMEN IN STEM 

22 FIELDS. 

23 It is the sense of Congress that institutions of higher 

24 education, Federal and State governments, and businesses 

25 should address underrepresentation of students of color 


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1 and women and promote inclusivity in the fields of science, 

2 technology, engineering, and mathematics (referred to in 

3 this section as ‘‘STEM fields’’), including by— 

4 (1) encouraging exposure of individuals from 

5 underrepresented groups to STEM fields at an early 

6 age; 

7 (2) recruiting a diverse and talented pool of ap8 plicants for STEM fields; 

9 (3) cultivating talent from underrepresented 

10 groups through mentoring programs, sponsorship 

11 initiatives, recruitment events, and other similar op12 portunities; 

13 (4) providing professional development opportu14 nities, training, income assistance, and support serv15 ices for individuals from underrepresented groups to 

16 enter senior-level positions; 

17 (5) offering research opportunities and grants 

18 to a diverse group of individuals; 

19 (6) collecting, analyzing, and making public de20 mographic data, disaggregated by rank and grade or 

21 grade-equivalent (where applicable), in order to as22 sess the demographic breakdowns of— 

23 (A) applications for positions in STEM 

24 fields; 


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1 (B) individuals hired to join the workforce 

2 in a STEM field or admitted to an institution 

3 of higher education for studies in a STEM 

4 field; 

5 (C) promotion rates in STEM fields; and 

6 (D) individuals in senior-level positions in 

7 STEM fields; 

8 (7) providing regular mandatory anti-harass9 ment and anti-discrimination training; and 

10 (8) establishing clear reporting mechanisms for 

11 harassment and discrimination that protect the re12 porter from reprisal. 

13 SEC. 174. PROHIBITION ON CERTAIN FEDERAL EMPLOYEES 

14 ACCEPTING TRADEMARKS FROM THE GOV15 ERNMENT OF CHINA. 

16 (a) DEFINITIONS.—In this section— 

17 (1) the term ‘‘covered period’’ means the period 

18 beginning on the date on which an individual is ap19 pointed to a covered position and ending on the date 

20 that is 5 years after the date on which the individual 

21 separates from that covered position; and 

22 (2) the term ‘‘covered position’’ means— 

23 (A) a position that requires appointment 

24 by the President, by and with the advice and 

25 consent of the Senate; 


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1 (B) a position of a confidential or policy2 determining character under Schedule C of sub3 part C of part 213 of title 5, Code of Federal 

4 Regulations, or any successor regulations; or 

5 (C) a position in the Executive Office of 

6 the President, including the White House Of7 fice. 

8 (b) PROHIBITION.—During a covered period with re9 spect to an individual, the individual may not accept from 

10 the People’s Republic of China any trademark that is 

11 granted, issued, approved, awarded, or registered by that 

12 Government. 

13 SEC. 175. REPORT ON THE GOVERNMENT OF CHINA’S EF14 FORTS TO INFLUENCE AND INTIMIDATE CHI15 NESE DIASPORA COMMUNITIES. 

16 (a) STUDY.—The Secretary of State, working 

17 through a federally funded research and development cen18 ter, shall conduct a study of efforts of the Government 

19 of China to influence and intimidate members of Chinese 

20 diaspora communities globally. 

21 (b) ELEMENTS.—The study required under sub22 section (a) shall include— 

23 (1) an assessment of the current strategy of, 

24 and resources used by, the Government of China to 


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1 influence Chinese diaspora communities, including a 

2 review of— 

3 (A) digital, print, and other media; 

4 (B) public diplomacy efforts; 

5 (C) the use of disinformation; and 

6 (D) any other resources or tactics used by 

7 the Government of China to influence or intimi8 date Chinese diaspora communities globally; 

9 (2) a description of the impacts that the influ10 ence and intimidation efforts referred to in para11 graph (1) have had on Chinese diaspora commu12 nities; 

13 (3) the identification of Chinese government of14 ficials involved in directing and executing the activi15 ties referred to in paragraph (1); 

16 (4) a list of the nations in which Chinese dias17 pora communities have been targeted; 

18 (5) a description of the tactics and resources 

19 used by the Government of China in each nation re20 ferred to in paragraph (4); and 

21 (6) a review of the efforts made by nations to 

22 counteract the influence of the Government of China 

23 on Chinese diaspora communities, including an as24 sessment of the efficacy of such efforts. 


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1 (c) STRATEGY AND RECOMMENDATIONS.—The feder2 ally funded research and development center selected to 

3 conduct the study under subsection (a) shall develop a 

4 strategy and recommendations to counter the influence of 

5 the Government of China on Chinese diaspora commu6 nities, which shall include— 

7 (1) any authorities or resources required to 

8 carry out the strategy; and 

9 (2) the identification of opportunities to cooper10 ate with other nations to counteract such influence 

11 operations. 

12 (d) REPORT.—Not later than 1 year after the date 

13 of enactment of this Act, the Secretary of State shall sub14 mit a report containing the results of the study conducted 

15 under subsection (a) and strategy and recommendations 

16 described in subsection (c) to— 

17 (1) the Committee on Foreign Relations of the 

18 Senate; 

19 (2) the Committee on Armed Services of the 

20 Senate; 

21 (3) the Select Committee on Intelligence of the 

22 Senate; 

23 (4) the Committee on Appropriations of the 

24 Senate; 


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1 (5) the Committee on Foreign Affairs of the 

2 House of Representatives; 

3 (6) the Committee on Armed Services of the 

4 House of Representatives; 

5 (7) the Permanent Select Committee on Intel6 ligence of the House of Representatives; and 

7 (8) the Committee on Appropriations of the 

8 House of Representatives. 

9 SEC. 176. CREATION OF A CIVIL SOCIETY FUND TO RE10 SEARCH AND DOCUMENT CHINESE GOVERN11 MENT OPERATIONS. 

12 (a) IN GENERAL.—The Secretary of State, acting 

13 through the Assistant Secretary of State for Democracy, 

14 Human Rights, and Labor and in coordination with the 

15 Administrator of the United States Agency for Inter16 national Development, shall establish a fund that will sup17 port civil society nongovernmental organizations and think 

18 tanks to document, research, publish, and run local cam19 paigns around Chinese Communist Party and Chinese 

20 government operations outside of mainland China that 

21 pertain to— 

22 (1) international human rights; 

23 (2) democracy; 

24 (3) good governance; 

25 (4) labor; 


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1 (5) the environment; and 

2 (6) anti-corruption. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated, for each of fiscal years 

5 2021 through 2025, such sums as may be necessary for 

6 this fund. 

7 SEC. 177. SUPPORTING LOCAL MEDIA. 

8 (a) IN GENERAL.—The Secretary of State, acting 

9 through the Assistant Secretary of State for Democracy, 

10 Human Rights, and Labor and in coordination with the 

11 Administrator of the United States Agency for Inter12 national Development, shall support and train journalists 

13 on investigative techniques necessary to ensure public ac14 countability around the Chinese government’s Belt and 

15 Road Initiative, Chinese surveillance and digital export of 

16 technology, and other Chinese influence operations 

17 abroad. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated, for each of fiscal years 

20 2021 through 2025, such sums as may be necessary for 

21 this support. 


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1 TITLE II—INVESTING IN 

2 ALLIANCES AND PARTNERSHIPS 

3 Subtitle A—Strategic and 

4 Diplomatic Matters 

5 SEC. 201. APPROPRIATE CONGRESSIONAL COMMITTEES 

6 DEFINED. 

7 In this subtitle, the term ‘‘appropriate congressional 

8 committees’’ means— 

9 (1) the Committee on Foreign Relations and 

10 the Committee on Appropriations of the Senate; and 

11 (2) the Committee on Foreign Affairs and the 

12 Committee on Appropriations of the House of Rep13 resentatives. 

14 SEC. 202. UNITED STATES COMMITMENT AND SUPPORT 

15 FOR ALLIES AND PARTNERS IN THE INDO-PA16 CIFIC. 

17 (a) SENSE OF CONGRESS.—It is the sense of Con18 gress that— 

19 (1) the United States benefits greatly from its 

20 ties to allies and partners, without which the United 

21 States would be less secure and less prosperous; 

22 (2) any fissures in the United States alliance 

23 relationships and partnerships only benefit United 

24 States adversaries; 


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1 (3) the Governments of the United States, 

2 Japan, the Republic of Korea, the Philippines, Aus3 tralia, and Thailand are important allies in tackling 

4 global challenges and have pledged significant sup5 port for efforts of shared interest; 

6 (4) strengthening and deepening partnerships 

7 with the nations of Southeast Asia, including Singa8 pore, Indonesia, Vietnam, and Malaysia, as well as 

9 with the region’s emerging ASEAN-centered archi10 tecture, is essential to further our shared interests; 

11 (5) the United States should make concrete ef12 forts to cultivate and deepen ties with allies and 

13 partners through new and ongoing dialogue and ex14 changes with counterparts; and 

15 (6) the United States will work with allies to 

16 prioritize promoting human rights and labor rights 

17 throughout the region. 

18 (b) STATEMENT OF POLICY.—It shall be the policy 

19 of the United States— 

20 (1) to deepen multilateral diplomatic, economic, 

21 and security cooperation between and among the 

22 United States, Japan, the Republic of Korea, the 

23 Philippines, Thailand, and Australia, including 

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1 ships, educational and cultural exchanges, missile 

2 defense, intelligence-sharing, space, cyber, and other 

3 diplomatic and defense-related initiatives; 

4 (2) to uphold our multilateral and bilateral 

5 treaty obligations, including— 

6 (A) defending Japan, including all areas 

7 under the administration of Japan, under arti8 cle V of the Treaty of Mutual Cooperation and 

9 Security Between the United States of America 

10 and Japan; 

11 (B) defending the Republic of Korea under 

12 article III of the Mutual Defense Treaty Be13 tween the United States and the Republic of 

14 Korea; 

15 (C) defending the Philippines under article 

16 IV of the Mutual Defense Treaty Between the 

17 United States and the Republic of the Phil18 ippines; 

19 (D) defending Thailand under the 1954 

20 Manila Pact and the Thanat-Rusk communique 

21 of 1962; and 

22 (E) defending Australia under article IV of 

23 the Australia, New Zealand, United States Se24 curity Treaty; 


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1 (3) to strengthen and deepen our bilateral and 

2 regional partnerships, including with ASEAN and 

3 New Zealand; 

4 (4) to cooperate with Japan, the Republic of 

5 Korea, the Philippines, Thailand, and Australia to 

6 promote human rights bilaterally and through re7 gional and multilateral fora and pacts; and 

8 (5) to strengthen and advance diplomatic, eco9 nomic, and security cooperation with regional part10 ners, such as Vietnam, Malaysia, Singapore, Indo11 nesia, and India. 

12 SEC. 203. REVIVING UNITED STATES LEADERSHIP IN 

13 INTERNATIONAL ORGANIZATIONS AND RE14 GIONAL INSTITUTIONS. 

15 (a) FINDINGS.—Congress makes the following find16 ings: 

17 (1) The Trump Administration has abdicated 

18 historic United States leadership at the United Na19 tions and in other international and regional organi20 zations, creating a vacuum that the Government of 

21 China is filling. 

22 (2) The United States, through enforcement of 

23 a statutory cap on contributions to United Nations 

24 peacekeeping operations, has accrued 

25 $1,000,000,000 in arrears since fiscal year 2017, 


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1 leading to funding disruptions to United Nations 

2 peacekeeping missions. 

3 (3) The Administration withdrew the United 

4 States from the United Nations Human Rights 

5 Council in 2018 and is currently withholding as6 sessed funds for the Office of the United Nations 

7 High Commissioner for Human Rights, which has 

8 authorized and led investigations uncovering grave 

9 human rights abuses in Syria, Venezuela, Iran, and 

10 the Democratic People’s Republic of Korea, among 

11 other places. 

12 (4) The United States formally submitted a no13 tice of withdrawal from the Paris Climate Agree14 ment in 2019, a landmark international agreement 

15 to reduce greenhouse gas emissions and address the 

16 impacts of climate change. 

17 (5) In the midst of a deadly global pandemic, 

18 President Trump announced on May 29, 2020, that 

19 the United States would ‘‘terminate’’ its relationship 

20 with the World Health Organization, and on July 6, 

21 2020, the Administration submitted its formal notice 

22 of withdrawal from the World Health Organization. 

23 The World Health Organization is playing a key role 

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1 tive equipment and testing kits to low-resource coun2 tries, and supporting efforts to identify effective 

3 treatments and a vaccine. 

4 (6) The Administration has taken these deci5 sions at the same time the Government of China is 

6 increasing its activities at the United Nations and in 

7 international and regional organizations in order to 

8 pursue its national interests and exploit the United 

9 States leadership vacuum. 

10 (7) Chinese nationals currently head four of the 

11 United Nations specialized agencies, the Inter12 national Civil Aviation Organization (ICAO), the 

13 Food and Agriculture Organization (FAO), the 

14 International Telecommunication Union (ITU), and 

15 the United Nations Industrial Development Organi16 zation (UNIDO). A United States national holds the 

17 top leadership position in UNICEF and the World 

18 Bank. 

19 (8) The Government of China has sought to use 

20 its growing influence to promote a view of inter21 national human rights contrary to universal values 

22 and elevates the power of the Chinese Communist 

23 Party and the state over the rights of the individual, 

24 gives primacy to economic and social matters over 

25 civil and political rights, and seeks to mute criticism 


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1 of individual countries’ human rights records, par2 ticularly its own. 

3 (9) The Government of China, at every oppor4 tunity, will fill the leadership void left by the United 

5 States if the United States continues to decrease its 

6 engagement with and in regional institutions, inter7 national organizations, and with the United Nations, 

8 by withdrawing from key United Nations bodies, 

9 unilaterally cutting funding to core United Nations 

10 programs and agencies, or abrogating its obligations 

11 under multilateral treaties or agreements. 

12 (b) STATEMENT OF POLICY.—It shall be the policy 

13 of the United States to take the following actions: 

14 (1) Fully engage with United Nations bodies 

15 and agencies to counter efforts by Chinese diplomats 

16 to push concepts, proposals, and programs that un17 dermine United States national and allied interests 

18 and values. 

19 (2) Pay United States peacekeeping assess20 ments at the assessed rate negotiated by United 

21 States diplomats at the United Nations and pay 

22 back outstanding arrears. 

23 (3) Reengage with the United Nations Human 

24 Rights Council, including by running for a seat on 


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1 the Council in future elections held by the United 

2 Nations General Assembly. 

3 (4) Refrain from withholding budget funds 

4 from the Office of the United Nations High Com5 missioner for Human Rights. 

6 (5) Rescind the United States notice of with7 drawal from the Paris Climate Agreement or if this 

8 Act is enacted after November 4, 2020, rejoin as a 

9 party to the Paris Climate Agreement. 

10 (6) Rescind the United States notice of with11 drawal from the World Health Organization, release 

12 assessed and voluntary funding withheld from the 

13 WHO, and engage with the WHO on efforts to com14 bat COVID–19 and other public health threats. 

15 (7) Seek to support United States candidates 

16 for positions in United Nations bodies and to ensure 

17 that such efforts are resourced and staffed, as well 

18 as to encourage and support like-minded govern19 ments to put forth their own nominees for positions 

20 in United Nations bodies. 

21 (8) Engage with regional organizations, includ22 ing NATO, the Association of Southeast Asian Na23 tions (ASEAN), the Organization for Security and 

24 Co-operation in Europe (OSCE), the Asia-Pacific 

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1 tion of American States (OAS) to counter efforts by 

2 Chinese diplomatic concepts, proposals, and pro3 grams that undermine United States national and 

4 allied interests and values. 

5 SEC. 204. MANDATE TO USE SANCTIONS AUTHORITIES 

6 WITH RESPECT TO THE PEOPLE’S REPUBLIC 

7 OF CHINA. 

8 (a) FINDINGS.—Congress makes the following find9 ings: 

10 (1) Congress has provided the President with a 

11 broad range of tough authorities to impose sanctions 

12 to address malign behavior by the Government of 

13 China and individuals and entities in the People’s 

14 Republic of China, including individuals and entities 

15 engaging in— 

16 (A) intellectual property theft; 

17 (B) cyber-related economic espionage; 

18 (C) repression of ethnic minorities; 

19 (D) the use of forced labor and other 

20 human rights abuses; 

21 (E) abuses of the international trading sys22 tem; 

23 (F) illicit assistance to and trade with the 

24 Government of North Korea; and 


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1 (G) drug trafficking, including trafficking 

2 in fentanyl and other opioids. 

3 (2) Congress has in many cases mandated im4 position of sanctions and other measures with re5 spect to individuals and entities identified as respon6 sible for such behavior. 

7 (b) MANDATE TO USE AUTHORITIES.— 

8 (1) IN GENERAL.—The President shall use the 

9 full range of authorities available to the President, 

10 including the authorities described in paragraph (2) 

11 to impose sanctions and other measures to combat 

12 malign behavior by the Government of China, enti13 ties owned or controlled by that Government, and 

14 other Chinese individuals and entities responsible for 

15 such behavior. 

16 (2) AUTHORITIES DESCRIBED.—The authorities 

17 described in this paragraph include the following: 

18 (A) The Global Magnitsky Human Rights 

19 Accountability Act (subtitle F of title XII of 

20 Public Law 114–328; 22 U.S.C. 2656 note). 

21 (B) Section 1637 of the Carl Levin and 

22 Howard P. ‘‘Buck’’ McKeon National Defense 

23 Authorization Act for Fiscal Year 2015 (50 

24 U.S.C. 1708) (relating to addressing economic 

25 and industrial espionage in cyberspace). 


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1 (C) The Fentanyl Sanctions Act (21 

2 U.S.C. 2301 et seq.). 

3 (D) The Hong Kong Autonomy Act (Pub4 lic Law 116–149; 22 U.S.C. 5701 note) (relat5 ing to the imposition of sanctions with respect 

6 to the erosion of certain obligations of the Peo7 ple’s Republic of China with respect to Hong 

8 Kong). 

9 (E) Section 7 of the Hong Kong Human 

10 Rights and Democracy Act of 2019 (Public 

11 Law 116–76; 22 U.S.C. 5701 note) (relating to 

12 the imposition of sanctions relating to under13 mining fundamental freedoms and autonomy in 

14 Hong Kong). 

15 (F) Section 6 of the Uyghur Human 

16 Rights Policy Act of 2020 (Public Law 116– 

17 145; 22 U.S.C. 6901 note) (relating to the im18 position of sanctions with respect to violations 

19 of human rights of minority groups in the 

20 Xinjiang Uyghur Autonomous Region). 

21 (G) The Export Control Reform Act of 

22 2018 (50 U.S.C. 4801 et seq.) (relating to the 

23 imposition of new export controls). 

24 (H) Export control measures required to 

25 be maintained with respect to entities in the 


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1 telecommunications sector of the People’s Re2 public of China, including under section 1260I 

3 of the National Defense Authorization Act for 

4 Fiscal Year 2020 (Public Law 116–92) (relat5 ing to limiting the removal of Huawei Tech6 nologies Co. Ltd. from the entity list of the Bu7 reau of Industry and Security). 

8 (I) Section 889(a)(1)(B) of the John S. 

9 McCain National Defense Authorization Act for 

10 Fiscal Year 2019 (Public Law 115–232; 41 

11 U.S.C. 3901 note prec.) (relating to a prohibi12 tion on Federal Government contracts with en13 tities that use telecommunications equipment or 

14 services produced by certain Chinese entities). 

15 SEC. 205. NEGOTIATIONS WITH G7 COUNTRIES ON THE 

16 PEOPLE’S REPUBLIC OF CHINA. 

17 (a) IN GENERAL.—Not later than 60 days after the 

18 date of the enactment of this Act, the President, acting 

19 through the Secretary of State, shall initiate a China-fo20 cused agenda at the G7, with respect to the following 

21 issues: 

22 (1) Trade and investment issues and enforce23 ment. 

24 (2) Establishing and promulgating international 

25 infrastructure standards. 


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1 (3) The erosion of democracy in Hong Kong. 

2 (4) Human rights concerns in Xinjiang, Tibet, 

3 and other areas in the People’s Republic of China. 

4 (5) The security of 5G telecommunications. 

5 (6) Anti-competitive behavior. 

6 (7) Coercive and indentured international fi7 nance and conditional provision of foreign assist8 ance. 

9 (8) International influence campaigns. 

10 (9) Environmental standards. 

11 (10) Coordination with like-minded regional 

12 partners, including the Republic of Korea and Aus13 tralia. 

14 (b) BRIEFING ON PROGRESS OF NEGOTIATIONS.— 

15 Not later than one year after the date of enactment of 

16 this Act, the President shall provide to the Committee on 

17 Foreign Relations of the Senate and the Committee on 

18 Foreign Affairs of the House of Representatives a briefing 

19 on the progress of any negotiations described in subsection 

20 (a). 

21 SEC. 206. ENHANCING THE UNITED STATES-TAIWAN PART22 NERSHIP. 

23 (a) FINDINGS.—Congress makes the following find24 ings: 


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1 (1) April 10, 2019, marks the 40th anniversary 

2 of the Taiwan Relations Act of 1979 (Public Law 

3 96–8). 

4 (2) Since 1949, the close relationship between 

5 the United States and Taiwan has been of enormous 

6 benefit to both parties and to the Indo-Pacific region 

7 as a whole. 

8 (3) The military balance of power across the 

9 Taiwan Strait continues to shift in favor of the Peo10 ple’s Republic of China, which is currently engaged 

11 in a comprehensive military modernization campaign 

12 to enhance the power-projection capabilities of the 

13 People’s Liberation Army and its ability to conduct 

14 joint operations. 

15 (4) Taiwan and its diplomatic partners continue 

16 to face sustained pressure and coercion from the 

17 Government of China to isolate Taiwan from the 

18 international community, including the World 

19 Health Organization. 

20 (5) In the Taiwan Travel Act (Public Law 115– 

21 135), which became law on March 16, 2018, Con22 gress observed that the ‘‘self-imposed restrictions 

23 that the United States maintains’’ on relations with 

24 Taiwan have negative consequences for the United 

25 States-Taiwan relationship. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that— 

3 (1) Taiwan is a vital part of the United States 

4 Indo-Pacific strategy; 

5 (2) the security of Taiwan and its democracy 

6 are key elements for the continued peace and sta7 bility of the greater Indo-Pacific region, and a vital 

8 national security interest of the United States; 

9 (3) the United States Government— 

10 (A) supports Taiwan’s efforts to seek ap11 propriate international space and meaningful 

12 participation in appropriate international orga13 nizations; and 

14 (B) should seek to reinforce its commit15 ments to Taiwan under the Taiwan Relations 

16 Act (Public Law 96–8) in a manner consistent 

17 with the ‘‘Six Assurances’’ and in accordance 

18 with the United States ‘‘One China’’ policy as 

19 both governments work to improve bilateral re20 lations; 

21 (4) Taiwan’s implementation of its asymmetric 

22 defense strategy is supported by the United States 

23 Government; 

24 (5) Taiwan must increase its defense spending 

25 in order to fully resource its defense strategy; and 


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1 (6) the United States should conduct regular 

2 transfers of defense articles to Taiwan in order to 

3 enhance Taiwan’s self-defense capabilities, particu4 larly its efforts to develop and integrate asymmetric 

5 capabilities, including undersea warfare and air de6 fense capabilities, into its military forces. 

7 (c) STATEMENT OF POLICY.—It is the policy of the 

8 United States— 

9 (1) to advocate for Taiwan’s meaningful partici10 pation in the United Nations, the World Health As11 sembly, the International Civil Aviation Organiza12 tion, the International Criminal Police Organization, 

13 and other international bodies as appropriate; 

14 (2) to seek meaningful cooperation between the 

15 United States, Taiwan, and other like-minded part16 ners; and 

17 (3) that the United States should actively work 

18 with other member countries of international bodies 

19 and organizations to advocate for Taiwan’s partici20 pation. 

21 SEC. 207. GLOBAL PUBLIC HEALTH RISK REDUCTION PRO22 GRAM. 

23 (a) SENSE OF CONGRESS.—It is the sense of Con24 gress that— 


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1 (1) recurring outbreaks of emerging and re2 emerging zoonotic diseases, including Ebola virus 

3 disease, severe acute respiratory syndrome, and 

4 avian influenza, pose an increasing threat to lives 

5 and livelihood, demonstrating the need to engage in 

6 a One Health approach, which recognizes the inter7 connection between people, animals, plants, and 

8 their shared environment; and 

9 (2) transparency, coordination, and collabora10 tion with stakeholders and partners is key to con11 tainment of emerging zoonotic diseases. 

12 (b) RISK REDUCTION STRATEGY.—The Adminis13 trator of the United States Agency for International De14 velopment and the Director of the Centers for Disease 

15 Control and Prevention shall design and implement a pro16 gram, in collaboration, to the extent possible, with the 

17 People’s Republic of China, to reduce the risk of the trans18 mission of dangerous pathogens from animals to people, 

19 including strains of coronavirus, Ebola, and influenza, and 

20 to foster transparency in reporting the emergence of such 

21 zoonotic diseases. The program should focus on— 

22 (1) the investments that reduce most effectively 

23 the risk of the transmission of viruses that pose the 

24 greatest threat to Americans and United States na25 tional security; and 


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1 (2) building networks and strengthening capac2 ity in labs, institutions of higher education, and 

3 other institutions to identify and publicly report on 

4 emerging zoonotic diseases. 

5 SEC. 208. ENHANCEMENT OF DIPLOMATIC AND ECONOMIC 

6 ENGAGEMENT WITH PACIFIC ISLAND COUN7 TRIES. 

8 (a) AUTHORITY.—The Secretary of State and Sec9 retary of Commerce are authorized to hire Locally Em10 ployed Staff in Pacific island countries for the purpose of 

11 promoting increased diplomatic engagement and increased 

12 economic and commercial engagement between the United 

13 States and Pacific island countries. 

14 (b) AVAILABILITY OF FUNDS.— 

15 (1) IN GENERAL.—Of the amounts authorized 

16 to be appropriated to the Department of State and 

17 the Department of Commerce for fiscal year 2021, 

18 not more than $10,000,000, respectively, shall be 

19 available to carry out the purposes of this section. 

20 (2) TERMINATION.—The availability of funds in 

21 paragraph (1) shall expire on December 31, 2025. 

22 (c) REPORT.—Not later than one year after the date 

23 of the enactment of this Act, and annually thereafter, the 

24 Secretary of State and the Secretary of Commerce shall 

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1 port on the activities of the Department of State and De2 partment of Commerce Locally Employed Staff in Pacific 

3 island countries, which shall include an assessment of the 

4 additional diplomatic, economic, and commercial engage5 ment and activities in the Pacific island countries provided 

6 by Locally Employed Staff and an assessment of the im7 pact of the activities with respect to the diplomatic, eco8 nomic, and security interests of the United States. 

9 (d) APPROPRIATE COMMITTEES OF CONGRESS DE10 FINED.—In this section, the term ‘‘appropriate commit11 tees of Congress’’ means— 

12 (1) the Committee on Foreign Relations, the 

13 Committee on Commerce, Science, and Transpor14 tation, and the Committee on Appropriations of the 

15 Senate; and 

16 (2) the Committee on Foreign Affairs, the 

17 Committee on Energy and Commerce, and the Com18 mittee on Appropriations of the House of Represent19 atives. 

20 SEC. 209. REPORTING ON THE BELT AND ROAD INITIATIVE 

21 AFTER ONSET OF THE COVID–19 PANDEMIC. 

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

23 date of the enactment of this Act, the Secretary of State, 

24 in coordination with the Director of National Intelligence, 

25 shall submit to the Committee on Foreign Relations and 


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1 the Select Committee on Intelligence of the Senate and 

2 the Committee on Foreign Affairs and the Permanent Se3 lect Committee on Intelligence of the House of Represent4 atives a report on the Government of China’s Belt and 

5 Road Initiative. 

6 (b) ELEMENTS.—The report required by subsection 

7 (a) shall assess the following: 

8 (1) The implications of COVID–19 on the Gov9 ernment of China’s Belt and Road Initiative (BRI) 

10 with respect to any agreements made with BRI con11 tracted countries on debt restructuring, debt sus12 tainability, or debt forgiveness. 

13 (2) The failure of the BRI of the People’s Re14 public of China to meet international standards with 

15 respect to the following: 

16 (A) The sovereignty of the countries in 

17 which infrastructure investments are made. 

18 (B) Anti-corruption. 

19 (C) Rule of law. 

20 (D) Human rights. 

21 (E) Fiscal and debt sustainability. 

22 (F) Environmental and energy standards. 

23 (G) Labor. 

24 (H) Transparency. 


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1 (I) Greenhouse gas emissions reduction 

2 and climate change. 

3 (3) The links between the BRI and the fol4 lowing: 

5 (A) The exportation by the Government of 

6 China of mass surveillance techniques and tech7 nologies. 

8 (B) The attempts of the Government of 

9 China to suppress information about and mis10 represent reporting of its human rights abuses 

11 of Uyghurs in Xinjiang Uyghur Autonomous 

12 Region. 

13 (4) Whether any projects being carried out 

14 under the BRI present the potential for United 

15 States engagement, with the support of the Asian 

16 Development Bank, to leverage existing contracts 

17 into sustainable infrastructure investments. 

18 (5) Whether any such projects meet the inter19 national standards described in paragraph (2). 

20 (6) In the case of projects described in para21 graph (4) that fail to meet the international stand22 ards described in paragraph (2), whether such fail23 ures could be mitigated through support by the 

24 United States. 


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1 (c) UNITED STATES GOVERNMENT WEBSITE.—Not 

2 later than 90 days after the date of the enactment of this 

3 Act, the Secretary of State, in consultation with the Direc4 tor of National Intelligence, shall create a regularly up5 dated website disclosing and assessing the implications of 

6 the BRI of the People’s Republic of China as described 

7 in subsection (b). 

8 (d) CLASSIFIED REPORT.—Not later than 180 days 

9 after the date of the enactment of this Act, the Secretary 

10 of State, in coordination with the Director of National In11 telligence, shall submit to the Committee on Foreign Rela12 tions and the Select Committee on Intelligence of the Sen13 ate and the Committee on Foreign Affairs and the Perma14 nent Select Committee on Intelligence of the House of 

15 Representatives a classified report on the BRI, which shall 

16 assess the following: 

17 (1) Whether the BRI is achieving the objectives 

18 of the Government of China. 

19 (2) How the BRI is managed and controlled. 

20 (3) How the BRI is evolving over time. 

21 SEC. 210. UNITED STATES INTERNATIONAL DEVELOPMENT 

22 AND INVESTMENT AGENDA. 

23 The Department of State, in coordination with rel24 evant agencies and departments, shall launch a series of 

25 fora around the world showcasing the commitment of the 


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1 United States and partners of the United States to high2 quality development cooperation, including with respect 

3 to— 

4 (1) good governance; 

5 (2) the rule of law; 

6 (3) transparency; 

7 (4) financing; and 

8 (5) the advancement of free markets and com9 petition. 

10 SEC. 211. REPORT ON DEPARTMENT OF STATE PERSONNEL 

11 AND RESOURCES DEVOTED TO THE INDO-PA12 CIFIC. 

13 Not later than 180 days after the date of the enact14 ment of this Act, the Secretary of State shall— 

15 (1) conduct a rightsizing review of personnel 

16 and resources of the Department of State dedicated 

17 to the Indo-Pacific; and 

18 (2) submit to the Committee on Foreign Rela19 tions and the Committee on Appropriations of the 

20 Senate and the Committee on Foreign Affairs and 

21 the Committee on Appropriations of the House of 

22 Representatives a report on— 

23 (A) the findings of the review; and 

24 (B) related analysis and recommendations. 


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1 SEC. 212. UNITED STATES-CHINA CLIMATE COOPERATION. 

2 It is the sense of Congress that— 

3 (1) successful mitigation of global greenhouse 

4 gas emissions sufficiently to avoid the worst fore5 casted effects of climate change requires global co6 operation and coordination of efforts; 

7 (2) as both the world’s largest emitters and 

8 largest economies, all other nations look towards the 

9 United States and the People’s Republic of China 

10 for leadership by example to effectively mitigate 

11 greenhouse gas emissions, develop and deploy energy 

12 generation technologies, and integrate sustainable 

13 adaptation solutions to the effects of climate change 

14 that are inevitable; 

15 (3) the United States and the People’s Republic 

16 of China should, to the extent practicable, coordinate 

17 on making and delivering ambitious pledges to re18 duce domestic greenhouse gas ambitions, with aspi19 rations towards achieving net zero greenhouse gas 

20 emissions by 2050; 

21 (4) the United States, and its allies, should 

22 work together to hold the Government of China ac23 countable to— 

24 (A) meet emissions reductions commit25 ments under the Paris Climate Agreement; 


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1 (B) work faithfully to uphold the prin2 ciples, goals, and rules of the Paris Climate 

3 Agreement; and 

4 (C) avoid and prohibit efforts to under5 mine or devolve the Paris Climate Agreement’s 

6 rule or underlying framework, particularly with7 in areas of accountability transparency, and 

8 shared responsibility among all parties; and 

9 (5) pursuing opportunities for the United 

10 States and the People’s Republic of China to cooper11 ate on clean energy research, development, finance, 

12 and deployment, with clear mutually agreed upon 

13 rules and policies to protect intellectual property and 

14 ensure equitable non-punitive provision of support, 

15 would provide catalytic progress towards delivering a 

16 global clean energy transformation that benefits all. 

17 SEC. 213. ENHANCING UNITED STATES LEADERSHIP AND 

18 COMPETITIVENESS IN ADVANCING GLOBAL 

19 CLEAN ENERGY DEVELOPMENT. 

20 (a) UNITED STATES CONTRIBUTIONS.—The Sec21 retary of the Treasury may contribute annually on behalf 

22 of the United States $225,000,000 to the Clean Tech23 nology Fund managed by the World Bank (in this section 

24 referred to as the ‘‘Fund’’). 


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1 (b) LIMITS ON COUNTRY ACCESS.—The Secretary of 

2 the Treasury shall use the voice, vote, and influence of 

3 the United States to ensure that— 

4 (1) the Fund does not provide more than ap5 proximately 15 percent of the resources of the Fund 

6 to any one country; and 

7 (2) each country that receives amounts from 

8 the Fund submit to the governing body of the Fund 

9 an investment plan that— 

10 (A) will achieve significant reductions in 

11 national-level greenhouse gas emissions; and 

12 (B) in the case of a country that is not 

13 classified by the World Bank as having a low14 income economy, provides for not less than 15 

15 percent of the total cost of the plan to be con16 tributed from the public funds of the country. 

17 (c) PROJECT AND PROGRAM REQUIREMENTS.— 

18 (1) IN GENERAL.—The Secretary of the Treas19 ury shall use the voice, vote, and influence of the 

20 United States to ensure that support from the Fund 

21 is used exclusively to support the deployment of 

22 clean energy technologies in developing countries (in23 cluding, where appropriate, through the provision of 

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1 tial additional reductions in greenhouse gas emis2 sions. 

3 (2) DEFINITIONS.—In this subsection: 

4 (A) ADDITIONAL.—The term ‘‘additional’’ 

5 refers to the extent to which a project or pro6 gram supported under this subsection results in 

7 lower greenhouse gas emissions than would 

8 have occurred in the absence of the project or 

9 program, taking into account, to the extent 

10 practicable, effects beyond the physical bound11 aries of the project or program that result from 

12 project or program activities. 

13 (B) CLEAN ENERGY TECHNOLOGY.—The 

14 term ‘‘clean energy technology’’ means a tech15 nology that, as compared with technologies 

16 being deployed at that time for widespread com17 mercial use in the country involved does the fol18 lowing: 

19 (i) Achieves substantial reductions in 

20 greenhouse gas emissions. 

21 (ii) Does not result in significant in22 cremental adverse effects on public health 

23 or the environment. 

24 (iii) Does one or more of the fol25 lowing: 


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1 (I) Generates electricity or useful 

2 thermal energy from a non-fossil re3 newable resource. 

4 (II) Substantially increases the 

5 energy efficiency of buildings or in6 dustrial processes, or of electricity 

7 transmission, distribution, or end-use 

8 consumption. 

9 (III) Substantially increases the 

10 energy efficiency of the transportation 

11 system or increases utilization of 

12 transportation fuels that have lifecycle 

13 greenhouse gas emissions that are 

14 substantially lower than those attrib15 utable to fossil fuel-based alternatives. 

16 (d) REPORT TO CONGRESS.—Not later than 240 days 

17 after the date of the enactment of this Act, and annually 

18 thereafter, the Secretary of the Treasury shall submit to 

19 the Committee on Foreign Relations and the Committee 

20 on Finance of the Senate and the Committee on Foreign 

21 Affairs and the Committee on Financial Services of the 

22 House of Representatives a report describing— 

23 (1) the purpose of and progress on each project 

24 supported by the Fund; and 


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1 (2) how each such project furthers the invest2 ment plan described in subsection (b)(2) of each 

3 country in which the project is implemented. 

4 SEC. 214. AUTHORIZING APPROPRIATIONS FOR UNITED 

5 STATES CONTRIBUTIONS TO THE GREEN CLI6 MATE FUND. 

7 (a) UNITED STATES CONTRIBUTIONS.—On behalf of 

8 the United States, the Secretary of the Treasury and the 

9 Secretary of State may contribute annually up to a total 

10 of $1,000,000,000 to the Green Climate Fund established 

11 by the United Nations (in this section referred to as the 

12 ‘‘GCF’’). 

13 (b) LIMITS ON COUNTRY ACCESS.—The Secretary of 

14 the Treasury shall use the voice, vote, and influence of 

15 the United States to ensure that— 

16 (1) the GCF does not provide more than ap17 proximately 15 percent of the resources of the Fund 

18 to any one country; 

19 (2) each country that receives amounts from 

20 the GCF submit to the governing body of the Fund 

21 an investment plan that— 

22 (A) energy production projects will achieve 

23 significant reductions in national-level green24 house gas emissions; and 


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1 (B) adaptation projects provide long-term 

2 enhancements to national and food security; 

3 protect lives, livelihoods; or ensure lasting ac4 cess to freshwater resources and public health 

5 outcomes; and 

6 (3) in the case of a country that is not classi7 fied by the World Bank as having a low-income 

8 economy, provides for not less than 15 percent of 

9 the total cost of the plan to be contributed from the 

10 public funds of the country. 

11 (c) PROJECT AND PROGRAM REQUIREMENTS.—The 

12 Secretary of the Treasury shall use the voice, vote, and 

13 influence of the United States to ensure that support from 

14 the GCF is used exclusively to support the deployment by 

15 developing countries of clean energy technologies and de16 velopment of projects that improve a countries’ resilience 

17 capacities and ability to adapt to the effects of climate 

18 change (including, where appropriate, through the provi19 sion of technical support or support for policy or institu20 tional reforms). 

21 (d) REPORT TO CONGRESS.—Not later than 240 days 

22 after the date of the enactment of this Act, and annually 

23 thereafter, the Secretary of the Treasury shall submit to 

24 the Committee on Foreign Relations and the Committee 

25 on Finance of the Senate and the Committee on Foreign 


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1 Affairs and the Committee on Financial Services of the 

2 House of Representatives a report describing— 

3 (1) the purpose of and progress on each project 

4 supported by the Fund; and 

5 (2) how each such project furthers the invest6 ment plan described in subsection (b)(2) of each 

7 country in which the project is implemented. 

8 SEC. 215. ENERGY DIPLOMACY AND SECURITY WITHIN THE 

9 DEPARTMENT OF STATE. 

10 (a) IN GENERAL.—Section 1(c) of the State Depart11 ment Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)) 

12 is amended— 

13 (1) by redesignating paragraph (4) as para14 graph (5); and 

15 (2) by inserting after paragraph (3) the fol16 lowing new paragraph: 

17 ‘‘(4) ASSISTANT SECRETARY OF STATE FOR EN18 ERGY RESOURCES.— 

19 ‘‘(A) AUTHORIZATION FOR ASSISTANT SEC20 RETARY.—Subject to the numerical limitation 

21 specified in paragraph (1), there is authorized 

22 to be established in the Department of State an 

23 Assistant Secretary of State for Energy Re24 sources. 


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1 ‘‘(B) RESPONSIBILITIES.—The Assistant 

2 Secretary authorized to be established by this 

3 paragraph shall be responsible for the execution 

4 of diplomatic activities related to, and support 

5 for the advancement of foreign policy dedicated 

6 to, energy matters within the Department of 

7 State for— 

8 ‘‘(i) formulating and implementing 

9 international policies, in coordination with 

10 the Secretaries of Energy and Transpor11 tation, as appropriate, aimed at protecting 

12 and advancing United States energy secu13 rity interests and promoting the respon14 sible development of global energy re15 sources by effectively managing United 

16 States bilateral and multilateral relations; 

17 ‘‘(ii) ensuring that the Department of 

18 State’s analyses and decision-making proc19 esses related to matters involving global 

20 energy development account for the effects 

21 the developments have on— 

22 ‘‘(I) United States national secu23 rity; 

24 ‘‘(II) quality of life and public 

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1 munities, particularly vulnerable and 

2 underserved populations who lack ac3 cess to reliable and low emission 

4 transportation systems or are affected 

5 by, or proximate to, energy develop6 ment, transmission, and distribution 

7 projects; 

8 ‘‘(III) United States economic in9 terests; 

10 ‘‘(IV) emissions of greenhouse 

11 gases that contribute to global climate 

12 change; and 

13 ‘‘(V) local and regional land use, 

14 air and water quality, and risks to 

15 public health of communities de16 scribed under subclause (II); 

17 ‘‘(iii) incorporating energy security 

18 and climate security into the policies, pro19 grams, and activities of the Department of 

20 State; 

21 ‘‘(iv) facilitating the efforts of coun22 tries to implement just transitions from 

23 carbon intensive power production and car24 bon intensive industries to low and zero 


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1 carbon emitting power sources and to 

2 lower decarbonized industrial processes; 

3 ‘‘(v) coordinating energy activities 

4 within the Department of State and with 

5 relevant Federal agencies; 

6 ‘‘(vi) working internationally— 

7 ‘‘(I) to support socially and envi8 ronmentally responsible development 

9 of energy resources that reduce car10 bon emissions, and the distribution of 

11 such resources for the benefit of the 

12 United States and United States allies 

13 and trading partners for their energy 

14 security, climate security, and eco15 nomic development needs; 

16 ‘‘(II) to promote the availability 

17 of clean energy technologies, including 

18 low and zero emission vehicles and 

19 carbon capture and storage, and a 

20 well-functioning global market for en21 ergy resources, technologies, and ex22 pertise for the benefit of the United 

23 States and United States allies and 

24 trading partners; 


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1 ‘‘(III) to facilitate the planning, 

2 design, engineering, development of 

3 livable communities that utilize 

4 multimodal transportation to reduce 

5 transportation sector greenhouse gas 

6 emissions, reduce congestion and im7 prove commerce and quality of life for 

8 affected residents; 

9 ‘‘(IV) to resolve international dis10 putes regarding the exploration, devel11 opment, production, or distribution of 

12 energy resources; 

13 ‘‘(V) to support the economic, se14 curity, and commercial interests of 

15 United States persons operating in 

16 the energy markets of foreign coun17 tries; and 

18 ‘‘(VI) to support and coordinate 

19 international efforts— 

20 ‘‘(aa) to alleviate energy 

21 poverty; 

22 ‘‘(bb) to protect vulnerable, 

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1 placed by energy development 

2 projects; 

3 ‘‘(cc) to account for and re4 duce greenhouse gas emission 

5 from energy development 

6 projects; and 

7 ‘‘(dd) to increase access to 

8 energy for vulnerable and under9 served communities; 

10 ‘‘(vii) leading the United States com11 mitment to the Extractive Industries 

12 Transparency Initiative; 

13 ‘‘(viii) representing the United States 

14 at the United Nations’ Partnership for 

15 Clean Fuels and Vehicles; 

16 ‘‘(ix) coordinating within the Depart17 ment of State and with relevant Federal 

18 departments and agencies on developing 

19 and implementing international energy-re20 lated sanctions; and 

21 ‘‘(x) coordinating energy security and 

22 climate security and other relevant func23 tions within the Department of State un24 dertaken as of the date of the enactment 

25 of this paragraph by— 


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1 ‘‘(I) the Bureau of Economic and 

2 Business Affairs of the Department of 

3 State; 

4 ‘‘(II) the Bureau of Oceans and 

5 International Environmental and Sci6 entific Affairs of the Department of 

7 State; and 

8 ‘‘(III) other offices within the 

9 Department of State.’’. 

10 (b) CONFORMING AMENDMENT.—Section 931 of the 

11 Energy Independence and Security Act of 2007 (42 

12 U.S.C. 17371) is amended— 

13 (1) by striking subsections (a) and (b); and 

14 (2) by redesignating subsections (c) and (d) as 

15 subsections (a) and (b), respectively. 

16 SEC. 216. SENSE OF CONGRESS ON THE KIGALI AMEND17 MENT TO THE MONTREAL PROTOCOL. 

18 (a) SENSE OF CONGRESS.—It is the sense of Con19 gress that— 

20 (1) hydrofluorocarbons are highly potent green21 house gases; 

22 (2) the United States must work cooperatively 

23 with the international community to significantly re24 duce hydrofluorocarbons in commerce; 


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1 (3) the Kigali Amendment to the Montreal Pro2 tocol, adopted in October 2016 at the 28th Meeting 

3 of the Parties to the Montreal Protocol in Kigali, 

4 Rwanda, provides the legal framework for global co5 operation on reducing hydrofluorocarbons in global 

6 commerce; 

7 (4) the United States is a leader in chemical 

8 and technological innovation that is at the forefront 

9 of developing safer chemical alternatives to 

10 hydrofluorocarbons and the technologies to use those 

11 new replacement chemicals; 

12 (5) industrial sectors in other countries, such as 

13 the People’s Republic of China, are working quickly 

14 to catch up to the United States in developing and 

15 marketing chemical and technological alternatives 

16 that support the phasedown of hydrofluorocarbons in 

17 global commerce in accordance with the Kigali 

18 Amendment to the Montreal Protocol; and 

19 (6) United States chemical and refrigeration in20 dustries are disadvantaged in the global marketplace 

21 because the United States has not ratified the Kigali 

22 Amendment to the Montreal Protocol. 

23 (b) STATEMENT OF POLICY.—It should be the policy 

24 of the United States— 


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1 (1) to ratify the Kigali Amendment to the Mon2 treal Protocol; and 

3 (2) to enact legislation providing sufficient au4 thorities for the United States to comply with the 

5 Kigali Amendment to the Montreal Protocol. 

6 (c) DEFINITION OF MONTREAL PROTOCOL.—In this 

7 section, the term ‘‘Montreal Protocol’’ means the Montreal 

8 Protocol on Substances that Deplete the Ozone Layer, 

9 done at Montreal September 16, 1987. 

10 Subtitle B—International Security 

11 Matters 

12 SEC. 221. DEFINITIONS. 

13 In this subtitle: 

14 (1) APPROPRIATE CONGRESSIONAL COMMIT15 TEES.—The term ‘‘appropriate congressional com16 mittees’’ means— 

17 (A) the Committee on Foreign Relations, 

18 the Committee on Armed Services, the Select 

19 Committee on Intelligence, and the Committee 

20 on Appropriations of the Senate; and 

21 (B) the Committee on Foreign Affairs, the 

22 Committee on Armed Services, the Permanent 

23 Select Committee on Intelligence, and the Com24 mittee on Appropriations of the House of Rep25 resentatives. 


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1 (2) COMPANY.—The term ‘‘company’’ means 

2 any corporation, company, limited liability company, 

3 limited partnership, business trust, business associa4 tion, or other similar entity. 

5 (3) FOREIGN OWNERSHIP, CONTROL, OR INFLU6 ENCE; FOCI.—The terms ‘‘foreign ownership, con7 trol, or influence’’ and ‘‘FOCI’’ have the meanings 

8 given those terms in the National Industrial Security 

9 Program Operating Manual (DOD 5220.22–M), or 

10 a successor document. 

11 (4) INCREMENTAL EXPENSES.—The term ‘‘in12 cremental expenses’’— 

13 (A) means the reasonable and proper cost 

14 of the goods and services that are consumed by 

15 a country as a direct result of the participation 

16 of that country in training under the authority 

17 of this title, including rations, fuel, training am18 munition, and transportation; and 

19 (B) does not include pay, allowances, or 

20 other normal costs of the personnel of a coun21 try. 

22 (5) OTHER SECURITY FORCES.—The term 

23 ‘‘other security forces’’— 

24 (A) includes national security forces that 

25 conduct maritime security; and 


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1 (B) does not include self-described militias 

2 or paramilitary organizations. 

3 SEC. 222. STATEMENT OF POLICY. 

4 It shall be the policy of the United States to— 

5 (1) exercise freedom of operations in the inter6 national waters and airspace in the Indo-Pacific 

7 maritime domains, which are critical to the pros8 perity, stability, and security of the Indo-Pacific re9 gion; 

10 (2) maintain forward-deployed forces in the 

11 Indo-Pacific region, including a rotational bomber 

12 presence, integrated missile defense capabilities, 

13 long-range precision fires, undersea warfare capabili14 ties, and diversified and resilient basing and rota15 tional presence (including support for pre-positioning 

16 strategies); 

17 (3) strengthen and deepen the alliances and 

18 partnerships of the United States to build capacity 

19 and capabilities, increase multilateral partnerships, 

20 modernize communications architecture, address 

21 anti-access and area denial challenges, and increase 

22 joint exercises and security cooperation efforts; 

23 (4) reaffirm the commitment and support of the 

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1 cific region, including longstanding United States 

2 policy regarding— 

3 (A) Article V of the Treaty of Mutual Co4 operation and Security between the United 

5 States and Japan, signed at Washington Janu6 ary 19, 1960; 

7 (B) Article III of the Mutual Defense 

8 Treaty between the United States and the Re9 public of Korea, signed at Washington October 

10 1, 1953; 

11 (C) Article IV of the Mutual Defense Trea12 ty between the United States and the Republic 

13 of the Philippines, signed at Washington Au14 gust 30, 1951, including that, as the South 

15 China Sea is part of the Pacific, any armed at16 tack on Philippine forces, aircraft or public ves17 sels in the South China Sea will trigger mutual 

18 defense obligations under Article IV of our mu19 tual defense treaty; 

20 (D) Article IV of the Australia, New Zea21 land, United States Security Treaty, done at 

22 San Francisco September 1, 1951; and 

23 (E) the Southeast Asia Collective Defense 

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1 gether with the Thanat-Rusk Communique of 

2 1962; and 

3 (5) ensure the continuity of operations by the 

4 United States Armed Forces in the Indo-Pacific re5 gion, including, as appropriate, in cooperation with 

6 partners and allies, in order to reaffirm the principle 

7 of freedom of operations in international waters and 

8 airspace in accordance with established principles 

9 and practices of international law. 

10 SEC. 223. ADDITIONAL FUNDING FOR THE SECURITY OF 

11 THE INDO-PACIFIC REGION. 

12 There is authorized to be appropriated, for each of 

13 fiscal years 2021 through 2025, $125,000,000 for the De14 partment of Defense for activities in the Indo-Pacific re15 gion and to strengthen alliances and partnerships, infra16 structure, platforms, and posture to ensure a credible 

17 Indo-Pacific-region-wide defense strategy in accordance 

18 with the principles set forth in sections 4, 202, and 222. 

19 SEC. 224. PROHIBITION ON USE OF FUNDS TO WITHDRAW 

20 THE UNITED STATES ARMED FORCES FROM 

21 JAPAN AND THE REPUBLIC OF KOREA. 

22 (a) IN GENERAL.—Except as provided in subsection 

23 (b), notwithstanding any other provision of law, no Fed24 eral funds are authorized to be appropriated to take any 

25 action to— 


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1 (1) withdraw or otherwise reduce the overall 

2 presence, including the rotational presence, of 

3 United States Armed Forces personnel and civilian 

4 employees of the Department of Defense in Japan 

5 and the Republic of Korea; 

6 (2) close or change the status of any base or 

7 other facility of the United States Armed Forces lo8 cated in Japan or the Republic of Korea; or 

9 (3) withdraw or otherwise reduce the overall 

10 presence of United States Armed Forces assets in 

11 Japan or the Republic of Korea. 

12 (b) EXCEPTIONS.—The prohibition under subsection 

13 (a) shall not apply if— 

14 (1) the host government transmits to the 

15 United States Government a written request for 

16 such a withdrawal or other reduction; or 

17 (2)(A) the President declares the intent to take 

18 an action described in subsection (a); 

19 (B) not later than 90 days before initiating an 

20 action described in subsection (a), the President sub21 mits to the appropriate congressional committees no22 tice of such intent that includes— 

23 (i) a justification for the action; 

24 (ii) the number of members of the United 

25 States Armed Forces or civilian employees of 


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1 the Department of Defense to be withdrawn or 

2 reduced, as applicable; 

3 (iii) a description of the United States 

4 Armed Forces assets to be withdrawn or re5 duced, as applicable; 

6 (iv) a description of any base or facility of 

7 the United States Armed Forces in Japan or 

8 the Republic of Korea to be subject to closure 

9 or change of status, as applicable; 

10 (v) an explanation of the national security 

11 benefit of the action to the United States and 

12 regional allies and partners; and 

13 (vi) a plan to offset the reduction in 

14 United States conventional deterrence against 

15 the People’s Republic of China and the Demo16 cratic People’s Republic of Korea caused by the 

17 action; and 

18 (C) the Secretary of Defense certifies that rota19 tional forces, which are globally available, are needed 

20 for a contingency in another area of responsibility. 

21 (c) PUBLIC TESTIMONY.—Not later than 14 days 

22 after the submittal of the notice required by subparagraph 

23 (B), the Secretary of State and the Secretary of Defense 

24 shall testify before the appropriate committees of Congress 

25 in public session on such withdrawal or reduction. 


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1 SEC. 225. ADDITIONAL FUNDING FOR FOREIGN MILITARY 

2 FINANCING IN THE INDO-PACIFIC. 

3 (a) FOREIGN MILITARY SALES FUNDING.—In addi4 tion to any amount appropriated pursuant to section 23 

5 of the Arms Export Control Act (22 U.S.C. 2763) (relat6 ing to foreign military financing assistance), there is au7 thorized to be appropriated $70,000,000 for each of fiscal 

8 years 2021 through fiscal year 2025 for activities in the 

9 Indo-Pacific region in accordance with this section. 

10 (b) MARITIME LAW ENFORCEMENT INITIATIVE.— 

11 There is authorized to be appropriated $7,500,000 for 

12 each of fiscal years 2021 through fiscal year 2025 for the 

13 Department of State for International Narcotics Control 

14 and Law Enforcement (INCLE) for the support of the 

15 Southeast Asia Maritime Law Enforcement Initiative. 

16 (c) FOREIGN MILITARY FINANCING COMPACT PILOT

17 PROGRAM.— 

18 (1) AUTHORIZATION OF APPROPRIATIONS.— 

19 There is authorized to be appropriated 

20 $200,000,000 for each of fiscal years 2021 and 

21 2022 for the creation of a pilot program for foreign 

22 military financing compacts. 

23 (2) ASSISTANCE.—The Secretary of State is au24 thorized to create a pilot program, for a duration of 

25 two years, with an assessment for any additional or 

26 permanent programming, to provide assistance 


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1 under this section for each country that enters into 

2 an FMF Challenge Compact with the United States 

3 pursuant to paragraph (7) to support policies and 

4 programs that advance the progress of the country 

5 in achieving lasting security and civilian-military 

6 governance through respect for human rights, good 

7 governance (including transparency and free and 

8 fair elections), and cooperation with United States 

9 and international counter-terrorism, anti-trafficking, 

10 and counter-crime efforts and programs. 

11 (3) FORM OF ASSISTANCE.—Assistance under 

12 this subsection may be provided in the form of 

13 grants, cooperative agreements, contracts, or no-in14 terest loans to the government of an eligible country 

15 described in paragraph (5). 

16 (4) APPLICATION.—The Secretary of State, in 

17 consultation with the Secretary of Defense, shall de18 velop and recommend procedures for considering so19 licited and unsolicited proposals for compacts under 

20 this pilot program. 

21 (5) ELIGIBLE COUNTRIES.—A country shall be 

22 a candidate country for purposes of eligibility for as23 sistance for fiscal year 2021 and 2022 if— 

24 (A)(i) the country is eligible for assistance 

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1 tion, and the per capita income of the country 

2 is equal to or less than the historical ceiling of 

3 the International Development Association for 

4 that year, as defined by the International Bank 

5 for Reconstruction and Development; or 

6 (ii) is classified as a lower middle income 

7 country in the then most recent edition of the 

8 World Development Report for Reconstruction 

9 and Development published by the International 

10 Bank for Reconstruction and Development and 

11 has an income greater than the historical ceil12 ing for International Development Association 

13 eligibility for the fiscal year involved; and 

14 (B) the Secretary of State determines that 

15 the country has demonstrated a commitment to 

16 just and democratic governance, including a 

17 demonstrated commitment to— 

18 (i) promote political pluralism, equal19 ity, and the rule of law; 

20 (ii) respect for human and civil rights, 

21 including the rights of people with disabil22 ities and the rights of persons regardless of 

23 sexual orientation or religious practice or 

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1 fective measures against the trafficking of 

2 persons; 

3 (iii) protect private property rights; 

4 (iv) encourage transparency and ac5 countability of government; 

6 (v) combat corruption; and 

7 (vi) institute effective civilian control, 

8 professionalization, and accountability of 

9 the armed forces, and that such forces re10 spect human rights. 

11 (6) IDENTIFICATION OF ELIGIBLE COUN12 TRIES.—Not later than 90 days prior to the date on 

13 which the Secretary of State determines eligible 

14 countries for an FMF Challenge Compact, the Sec15 retary— 

16 (A) shall prepare and submit to the appro17 priate congressional committees a report that 

18 contains a list of all eligible countries identified 

19 that have met the requirements under para20 graph (5) for the fiscal year; and 

21 (B) shall consult with the appropriate con22 gressional committees on the extent to which 

23 such countries meet the criteria described in 

24 paragraph (5). 

25 (7) FMF CHALLENGE COMPACT.— 


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1 (A) COMPACT.—The Secretary of State 

2 may provide assistance for an eligible country 

3 only if the country enters into an agreement 

4 with the United States, to be known as an 

5 ‘‘FMF Challenge Compact’’ (in this paragraph 

6 referred to as a ‘‘Compact’’) that establishes a 

7 multi-year plan for achieving shared security 

8 objectives in furtherance of the purposes of this 

9 title. 

10 (B) ELEMENTS.—The elements of the 

11 Compact shall be those listed in paragraph (5) 

12 for determining eligibility, and be designed to 

13 significantly advance the performance of those 

14 commitments during the period of the Compact. 

15 (C) IN GENERAL.—The Compact should 

16 take into account the national strategy of the 

17 eligible country and shall include— 

18 (i) the specific objectives that the 

19 country and the United States expect to 

20 achieve during the term of the Compact; 

21 (ii) the responsibilities of the country 

22 and the United States in the achievement 

23 of such objectives; 


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1 (iii) regular benchmarks to measure, 

2 where appropriate, progress toward achiev3 ing such objectives; and 

4 (iv) the strategy of the eligible coun5 try to sustain progress made toward 

6 achieving such objectives after expiration 

7 of the Compact. 

8 (8) CONGRESSIONAL CONSULTATION PRIOR TO

9 COMPACT NEGOTIATIONS.—Not later than 15 days 

10 before commencing negotiations of a Compact with 

11 an eligible country, the Secretary of State shall con12 sult with the appropriate congressional committees 

13 with respect to the proposed Compact negotiation 

14 and shall identify the objectives and mechanisms to 

15 be used for the negotiation of the Compact. 

16 (9) ASSESSMENT OF PILOT PROGRAM AND REC17 OMMENDATIONS.—Not later than 90 days after the 

18 conclusion of the pilot program, the Secretary of 

19 State shall provide a report to the appropriate con20 gressional committees with respect to the pilot pro21 gram, assess the success and utility of the pilot pro22 gram established under this subsection in meeting 

23 objectives, and make a recommendation for con24 tinuing on a pilot or permanent basis with a further 

25 foreign military financing compact program. 


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1 SEC. 226. ADDITIONAL FUNDING FOR INTERNATIONAL 

2 MILITARY EDUCATION AND TRAINING IN THE 

3 INDO-PACIFIC. 

4 There is authorized to be appropriated for each of 

5 fiscal years 2021 through fiscal year 2025 for the Depart6 ment of State, out of amounts appropriated or otherwise 

7 made available for assistance under chapter 5 of part II 

8 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 

9 et seq.) (relating to international military education and 

10 training (IMET) assistance), $45,000,000 for activities in 

11 the Indo-Pacific region in accordance with this Act. 

12 SEC. 227. PRIORITIZING EXCESS DEFENSE ARTICLE TRANS13 FERS FOR THE INDO-PACIFIC. 

14 (a) SENSE OF CONGRESS.—It is the sense of Con15 gress that the United States Government should prioritize 

16 the review of excess defense article transfers to Indo-Pa17 cific partners. 

18 (b) STATEMENT OF POLICY.—The Secretary of the 

19 Navy shall develop a five year plan to prioritize excess de20 fense article transfers to the Indo-Pacific. 

21 (c) TRANSFER AUTHORITY.—Section 516(c)(2) of 

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

23 2321j(c)(2)) is amended by striking ‘‘and to the Phil24 ippines’’ and inserting ‘‘to the Philippines, and to other 

25 major non-NATO allies of the United States located in 

26 the Indo-Pacific region (including Japan, the Republic of 


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1 Korea, Thailand, Australia and New Zealand) and other 

2 maritime Association of Southeast Asian Nations 

3 (ASEAN) member states’’. 

4 (d) REQUIRED COORDINATION.—The United States 

5 Government shall coordinate and align excess defense arti6 cle transfers with capacity building efforts of regional al7 lies and partners. 

8 SEC. 228. PRIORITIZING EXCESS NAVAL VESSEL TRANS9 FERS FOR THE INDO-PACIFIC. 

10 (a) AUTHORITY.—The President is authorized to 

11 transfer to a government of a country listed pursuant to 

12 the amendment made under section 227(c) one OLIVER 

13 HAZARD PERRY class guided missile frigate on a grant 

14 basis under section 516 of the Foreign Assistance Act of 

15 1961 (22 U.S.C. 2321j). 

16 (b) GRANTS NOT COUNTED IN ANNUAL TOTAL OF

17 TRANSFERRED EXCESS DEFENSE ARTICLES.—The value 

18 of a vessel transferred to another country on a grant basis 

19 pursuant to authority provided by this section shall not 

20 be counted against the aggregate value of excess defense 

21 articles transferred in any fiscal year under section 516 

22 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). 

23 (c) COSTS OF TRANSFERS.—Any expense incurred by 

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1 standing section 516(e) of the Foreign Assistance Act of 

2 1961 (22 U.S.C. 2321j(e)). 

3 (d) REPAIR AND REFURBISHMENT IN UNITED

4 STATES SHIPYARDS.—To the maximum extent prac5 ticable, the President shall require, as a condition of the 

6 transfer of a vessel under this subsection, that the recipi7 ent to which the vessel is transferred have such repair or 

8 refurbishment of the vessel as is needed, before the vessel 

9 joins the naval forces of that recipient, performed at a 

10 shipyard located in the United States. 

11 (e) EXPIRATION OF AUTHORITY.—The authority to 

12 transfer a vessel under this section shall expire at the end 

13 of the 3-year period beginning on the date of the enact14 ment of this Act. 

15 SEC. 229. SENSE OF CONGRESS ON ARMS EXPORTS AND 

16 HUMAN RIGHTS. 

17 It is the Sense of Congress that— 

18 (1) one of the primary purposes for controlling 

19 the export of defense articles and defense services to 

20 foreign countries is to prevent such exports from 

21 being used in violation of international humanitarian 

22 law or international human rights law, including re23 quiring accountability for any such violations, and to 

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1 tries to fully comply with international humanitarian 

2 law and international human rights law; 

3 (2) provision of security assistance, including 

4 the provision of defense articles and defense services, 

5 pursuant to the authorities and in conformity with 

6 the principles of this Act, should only be done in ac7 cordance with and to support and promote this pur8 pose; and 

9 (3) such security assistance, including the pro10 vision of defense articles and defense services con11 trolled for export, should not be provided to a unit 

12 of the security forces of any country if such unit— 

13 (A) has violated international humani14 tarian law and has not been credibly inves15 tigated and subjected to a credible and trans16 parent judicial process addressing such allega17 tion; or 

18 (B) has committed a gross violation of 

19 human rights, and has not been credibly inves20 tigated and subjected to a credible and trans21 parent judicial process addressing such allega22 tion, including— 

23 (i) torture or rape; 

24 (ii) ethnic cleansing of civilians; 


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1 (iii) recruitment or use of child sol2 diers; 

3 (iv) falsely imprisoning, or engaging 

4 in the targeted killing of, political oppo5 nents; 

6 (v) the operation of, or effective con7 trol or direction over, secret detention fa8 cilities; or 

9 (vi) extrajudicial killings, whether by 

10 military, security, or police forces. 

11 SEC. 230. ENHANCING THE UNITED STATES-TAIWAN DE12 FENSE RELATIONSHIP. 

13 (a) SENSE OF CONGRESS.—It is the sense of Con14 gress that it should be the policy of the Department of 

15 Defense, consistent with the Taiwan Relations Act (Public 

16 Law 96–8; 22 U.S.C. 3301 et seq.), to support the asym17 metric defense strategy of Taiwan, including the develop18 ment of the undersea warfare and air defense capabilities 

19 of Taiwan. 

20 (b) REQUIRED DEPARTMENT OF DEFENSE AC21 TIONS.—The Secretary of Defense shall make efforts to 

22 include the military forces of Taiwan in bilateral and mul23 tilateral military exercises, as appropriate, to bolster the 

24 defense capabilities of Taiwan. 


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1 SEC. 231. REPORT ON UNITED STATES EFFORTS TO EN2 GAGE THE PEOPLE’S REPUBLIC OF CHINA ON 

3 NUCLEAR ISSUES AND BALLISTIC MISSILE 

4 ISSUES. 

5 (a) STATEMENT OF POLICY.—It shall be the policy 

6 of the United States that— 

7 (1) an arms control dialogue with the Govern8 ment of China, coordinated with United States allies 

9 and shaped by a coherent Indo-Pacific strategy, is in 

10 the national security interests of the United States; 

11 and 

12 (2) the United States Government should for13 mulate a strategy to engage the Government of 

14 China on relevant bilateral issues that lays the 

15 groundwork for bringing the People’s Republic of 

16 China into an arms control framework, including— 

17 (A) fostering bilateral dialogue on arms 

18 control leading to the convening of bilateral 

19 strategic stability talks; 

20 (B) negotiating norms for outer space; 

21 (C) developing pre-launch notification re22 gimes aimed at reducing nuclear miscalculation; 

23 and 

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1 ducing the risks of conventional war and in2 creasing transparency. 

3 (b) REPORT ON THE FUTURE OF UNITED STATES4 CHINA ARMS CONTROL.—Not later than 180 days after 

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

6 State, in coordination with the Secretary of Defense and 

7 the Secretary of Energy, shall submit to the appropriate 

8 committees of Congress a report, and if necessary a sepa9 rate classified annex, that examines the approaches and 

10 strategic effects of engaging the Government of China on 

11 arms control, including— 

12 (1) areas of potential dialogue between the Gov13 ernments of the United States and the People’s Re14 public of China, including on nuclear, ballistic, and 

15 cruise missiles, conventional forces, space, and 

16 cyberspace issues, as well as other new strategic do17 mains, which could reduce the likelihood of war, 

18 limit escalation if a conflict were to occur, and con19 strain a destabilizing arms race in the Indo-Pacific; 

20 (2) how the United States Government can fos21 ter increased interest on the part of the Government 

22 of China in arms control; 

23 (3) identifying strategic military capabilities of 

24 the People’s Republic of China that the United 

25 States Government is most concerned about and how 


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1 limiting these capabilities may benefit United States 

2 and allied security interests; 

3 (4) opportunities for multilateral arms control 

4 in the Indo-Pacific region; 

5 (5) mechanisms to avoid, manage, or control 

6 nuclear, conventional, and unconventional military 

7 escalation between the United States and the Peo8 ple’s Republic of China; and 

9 (6) opportunities and methods to create stra10 tegic transparency between the United States and 

11 the People’s Republic of China. 

12 (c) REPORT ON ARMS CONTROL TALKS WITH THE

13 RUSSIAN FEDERATION AND THE PEOPLE’S REPUBLIC OF

14 CHINA.—Not later than 180 days after the date of the 

15 enactment of this Act, the Secretary of State, in consulta16 tion with the Secretary of Defense and the Secretary of 

17 Energy, shall submit to the appropriate committees of 

18 Congress a report that describes— 

19 (1) a concrete plan for arms control talks that 

20 includes both the People’s Republic of China and the 

21 Russian Federation; 

22 (2) if a trilateral arms control dialogue does not 

23 arise, what alternative plans the Department of 

24 State envisages for ensuring United States security 

25 from Russian and Chinese nuclear weapons; 


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1 (3) efforts at engaging the People’s Republic of 

2 China to join arms control talks, whether on a bilat3 eral or multilateral basis; and 

4 (4) the interest level of the Government of 

5 China in joining arms control talks, whether on a bi6 lateral or multilateral basis. 

7 (d) EXTENSION OF NEW START.—Not later than 90 

8 days after the date of the enactment of this Act, the Sec9 retary of State, in coordination with the Secretary of De10 fense, the Secretary of Energy, and the Director of Na11 tional Intelligence, shall submit to the appropriate com12 mittees of Congress a report, and a separate classified 

13 annex, that includes the following elements: 

14 (1) The strategy behind the decision to extend 

15 or not extend New START. 

16 (2) If New START were allowed to expire, an 

17 assessment of whether such an expiration is in the 

18 national security interests of the United States, in19 cluding the specific reasons for such conclusion. 

20 (3) An examination of the effects of the expira21 tion of New START on— 

22 (A) strategic stability with the Russian 

23 Federation; 

24 (B) the United States nuclear budget; 


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1 (C) spending on United States conven2 tional forces as a result of increased nuclear 

3 spending; and 

4 (D) international nuclear nonproliferation 

5 efforts. 

6 (4) An assessment of how the Government of 

7 the Russian Federation will modify its nuclear forces 

8 in an unconstrained environment and how the 

9 United States Government will respond if the Gov10 ernment of the Russian Federation expands its arse11 nal. 

12 (5) An assessment of how the United States 

13 Government will need to alter intelligence capabili14 ties and spending to regain, if possible, the knowl15 edge of the Russian Federation’s arsenal that is cur16 rently provided by the inspection and verification 

17 mechanisms inherent to New START. 

18 SEC. 232. STATEMENT OF POLICY ON MARITIME FREEDOM 

19 OF OPERATIONS IN INTERNATIONAL WATER20 WAYS AND AIRSPACE OF THE INDO-PACIFIC 

21 AND ON ARTIFICIAL LAND FEATURES IN THE 

22 SOUTH CHINA SEA. 

23 (a) SENSE OF CONGRESS.—Congress— 

24 (1) condemns coercive and threatening actions 

25 or the use of force to impede freedom of operations 


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1 in international airspace by military or civilian air2 craft, to alter the status quo, or to destabilize the 

3 Indo-Pacific region; 

4 (2) urges the Government of China to refrain 

5 from implementing the declared East China Sea Air 

6 Defense Identification Zone (ADIZ), or an ADIZ in 

7 the South China Sea, which is contrary to freedom 

8 of overflight in international airspace, and to refrain 

9 from taking similar provocative actions elsewhere in 

10 the Indo-Pacific region; 

11 (3) reaffirms that the 2016 Arbitral Tribunal’s 

12 decision is final and legally binding on both parties 

13 and that the People’s Republic of China’s claims to 

14 offshore resources across most of the South China 

15 Sea are unlawful; 

16 (4) condemns the People’s Republic of China 

17 for failing to abide by the 2016 Arbitral Tribunal’s 

18 ruling, despite Chinese obligations as a state party 

19 to the United Nations Convention on the Law of the 

20 Sea; 

21 (5) rejects the People’s Republic of China’s un22 lawful maritime claim within the Philippines’ Exclu23 sive Economic Zone (EEZ) or on its continental 

24 shelf; 


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1 (6) rejects the People’s Republic of China’s 

2 claim to waters beyond a 12 nautical mile territorial 

3 sea derived from islands it claims in the Spratly Is4 lands; and 

5 (7) rejects the People’s Republic of China’s un6 lawful territorial or maritime claim to the James 

7 shoal. 

8 (b) STATEMENT OF POLICY.—It shall be the policy 

9 of the United States to— 

10 (1) reaffirm its commitment and support for al11 lies and partners in the Indo-Pacific region, includ12 ing longstanding United States policy regarding Ar13 ticle V of the United States-Philippines Mutual De14 fense Treaty and reaffirm its position that Article V 

15 of the United States-Japan Mutual Defense Treaty 

16 applies to the Japanese-administered Senkaku Is17 lands; 

18 (2) oppose claims that impinge on the rights, 

19 freedoms, and lawful use of the sea, or the airspace 

20 above it, that belong to all nations, and oppose the 

21 militarization of new and reclaimed land features in 

22 the South China Sea; 

23 (3) urge all parties to refrain from engaging in 

24 destabilizing activities, including illegal occupation 


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1 or efforts to unlawfully assert administration over 

2 disputed claims; 

3 (4) ensure that disputes are managed without 

4 intimidation, coercion, or force; 

5 (5) call on all claimants to clarify or adjust 

6 claims in accordance with international law; 

7 (6) uphold the principle that territorial and 

8 maritime claims, including territorial waters or terri9 torial seas, must be derived from land features and 

10 otherwise comport with international law; 

11 (7) oppose the imposition of new fishing regula12 tions covering disputed areas in the South China 

13 Sea, regulations which have raised tensions in the 

14 region; 

15 (8) support efforts by ASEAN and the People’s 

16 Republic of China to develop an effective Code of 

17 Conduct, including the ‘‘early harvest’’ of agreed18 upon elements in the Code of Conduct that can be 

19 implemented immediately; 

20 (9) reaffirm that an existing body of inter21 national rules and guidelines, including the Inter22 national Regulations for Preventing Collisions at 

23 Sea, done at London October 12, 1972 (COLREGs), 

24 is sufficient to ensure the safety of navigation be25 tween the United States Armed Forces and the 


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1 forces of other countries, including the People’s Re2 public of China; 

3 (10) support the development of regional insti4 tutions and bodies, including the ASEAN Regional 

5 Forum, the ASEAN Defense Minister’s Meeting 

6 Plus, the East Asia Summit, and the expanded 

7 ASEAN Maritime Forum, to build practical coopera8 tion in the region and reinforce the role of inter9 national law; 

10 (11) encourage the deepening of partnerships 

11 with other countries in the region for maritime do12 main awareness and capacity building, as well as ef13 forts by the United States Government to explore 

14 the development of appropriate multilateral mecha15 nisms for a ‘‘common operating picture’’ in the 

16 South China Sea that would serve to help countries 

17 avoid destabilizing behavior and deter risky and dan18 gerous activities; 

19 (12) oppose actions by any country to prevent 

20 any other country from exercising its sovereign 

21 rights to the resources of the exclusive economic 

22 zone (EEZ) and continental shelf by making claims 

23 to those areas in the South China Sea that have no 

24 support in international law; and 


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1 (13) assure the continuity of operations by the 

2 United States in the Indo-Pacific region, including, 

3 when appropriate, in cooperation with partners and 

4 allies, to reaffirm the principle of freedom of oper5 ations in international waters and airspace in ac6 cordance with established principles and practices of 

7 international law. 

8 SEC. 233. STATEMENT OF POLICY ON BECOMING A STATE 

9 PARTY TO THE UNITED NATIONS CONVEN10 TION ON THE LAW OF THE SEA. 

11 It is the sense of Congress that— 

12 (1) becoming a state party to the United Na13 tions Convention on the Law of the Sea (UNCLOS), 

14 done at Montego Bay on December 10, 1992, would 

15 help protect and advance United States national and 

16 economic security including by— 

17 (A) ensuring worldwide access to get our 

18 troops to the fight, to sustain them during the 

19 fight, and to get back home without the permis20 sion of other countries; 

21 (B) influencing the resolution of disputes 

22 between the People’s Republic of China and our 

23 allies in the South China Sea and elsewhere; 


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1 (C) ensuring that the United States is able 

2 to assert an internationally accepted claim to its 

3 share of the Arctic; 

4 (D) providing United States companies 

5 with the legal certainty they need to secure rare 

6 earth minerals from the deep seabed; and 

7 (E) allowing United States companies the 

8 full protection of the treaty’s framework for lay9 ing and protecting submarine cables; 

10 (2) becoming a state party to the Convention 

11 would give the United States the voice and vote in 

12 decisions relating to deliberative matters under the 

13 Convention and thereby improve the ability of the 

14 United States to— 

15 (A) intervene as a full party to disputes re16 lating to navigational rights, maritime security, 

17 energy development, transcontinental com18 merce, marine conservation, and environmental 

19 destruction; and 

20 (B) defend United States interpretations of 

21 the Convention’s provisions and United States 

22 interests, including those relating to whether 

23 coastal States have a right under UNCLOS to 

24 regulate foreign military activities in their 

25 EEZs; 


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1 (3) the People’s Republic of China’s construc2 tion of artificial islands, in support of China’s ex3 panding military presence in the Pacific theatre, in 

4 the territorial waters of its neighbors along the 

5 South China Sea are hostile acts that escalate ten6 sions between the People’s Republic of China and its 

7 neighbors, infringe on the sovereignty of China’s 

8 neighbors’ EEZs, and have resulted in an arbitra9 tion under the UNCLOS in which the arbitral tri10 bunal ruled against the People’s Republic of China; 

11 (4) the United States status as a nonparty to 

12 UNCLOS resulted in the United States exclusion 

13 from the Permanent Court of Arbitration’s July 12, 

14 2016, case in the matter of the South China Sea ar15 bitration, wherein the Permanent Court of Arbitra16 tion stated that ‘‘the Tribunal forwarded to the Par17 ties for their comment a Note Verbale from the Em18 bassy of the United States of America, requesting to 

19 send a representative to observe the hearing’’ and 

20 ‘‘the Tribunal communicated to the Parties and the 

21 U.S. Embassy that it had decided that ‘only inter22 ested States parties to the United Nations Conven23 tion on the Law of the Sea will be admitted as ob24 servers’ and thus could not accede to the U.S. re25 quest’’; 


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1 (5) relying on customary international norms 

2 and on other countries to assert claims on behalf of 

3 the United States is insufficient to defend and up4 hold United States national and economic security 

5 and United States sovereign rights and interests; 

6 (6) the Senate should urgently provide advice 

7 and consent to ratification of the United Nations 

8 Convention on the Law of the Sea; and 

9 (7) the United States should urgently become a 

10 state party to the United Nations Convention on the 

11 Law of the Sea. 

12 SEC. 234. REPORT ON ROLES, MISSIONS, AND CAPABILITIES 

13 OF INDO-PACIFIC PARTNERS. 

14 Not later than 180 days after the date of the enact15 ment of this Act, the Secretary of Defense, in consultation 

16 with the Secretary of State, shall report to the appropriate 

17 congressional committees with an assessment of engage18 ment with each major United States treaty or security 

19 partner in the Indo-Pacific region in mutual dialogue on 

20 any on-going roles, missions, and capabilities (RMC) dis21 cussions, and an enumeration of jointly agreed rec22 ommendations for acquisition, platform, infrastructure, 

23 training, posture, and other measures necessary to assure 

24 that capabilities and capacity exist to execute all identified 


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1 RMC, including to address anti-access and area denial 

2 challenges in the region. 

3 SEC. 235. INDO-PACIFIC MARITIME SECURITY INITIATIVE. 

4 (a) PROGRAM AUTHORIZED.— 

5 (1) IN GENERAL.—The Secretary of State, in 

6 coordination with the Secretary of Defense, is au7 thorized to provide assistance, for the purpose of in8 creasing maritime security and domain awareness 

9 for countries in the Indo-Pacific region— 

10 (A) to provide assistance to national mili11 tary or other security forces of such countries 

12 that have maritime security missions among 

13 their functional responsibilities; 

14 (B) to provide training to ministry, agency, 

15 and headquarters level organizations for such 

16 forces; and 

17 (C) to provide assistance to and training to 

18 other relevant foreign affairs, maritime, or se19 curity-related ministries, agencies, departments 

20 or offices that manage and oversee maritime ac21 tivities and policy that the Secretary of State 

22 may so designate. 

23 (2) DESIGNATION OF ASSISTANCE.—Assistance 

24 provided by the Secretary of State under this section 

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1 rity Initiative’’ (in this section referred to as the 

2 ‘‘Initiative’’). 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the Department of State 

5 $25,000,000 in fiscal year 2021 and $50,000,000 in each 

6 of fiscal year 2022, fiscal year 2023, fiscal year 2024, and 

7 fiscal year 2025 to be used for purposes of training and 

8 assistance under this Initiative. 

9 (c) ELIGIBLE COUNTRIES.—In selecting countries in 

10 the Indo-Pacific region to which assistance is to be pro11 vided under the Initiative, the Secretary of State shall 

12 prioritize the provision of assistance to countries that will 

13 contribute to the achievement of the following objectives: 

14 (1) Retaining unhindered access to and use of 

15 international waterways in the Indo-Pacific region 

16 that are critical to ensuring the security and free 

17 flow of commerce and achieving United States na18 tional security objectives. 

19 (2) Improving maritime domain awareness in 

20 the Indo-Pacific region. 

21 (3) Countering piracy in the Indo-Pacific re22 gion. 

23 (4) Disrupting illicit maritime trafficking activi24 ties and other forms of maritime trafficking activity 

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1 tions that have been determined to be a security 

2 threat to the United States. 

3 (5) Enhancing the maritime capabilities of a 

4 country or regional organization to respond to 

5 emerging threats to maritime security in the Indo6 Pacific region. 

7 (d) PRIORITIES FOR ASSISTANCE.— 

8 (1) IN GENERAL.—In carrying out the purpose 

9 of the Initiative— 

10 (A) priority shall be placed on assistance 

11 to enhance the maritime security capabilities of 

12 the military or security forces of countries in 

13 the Indo-Pacific region that have maritime mis14 sions and the government agencies responsible 

15 for such forces; and 

16 (B) assistance may be provided to a coun17 try in the Indo-Pacific region to enhance the ca18 pabilities of that country, or of a regional orga19 nization that includes that country, to con20 duct— 

21 (i) maritime intelligence, surveillance, 

22 and reconnaissance; 

23 (ii) littoral and port security; 

24 (iii) Coast Guard operations; 

25 (iv) command and control; and 


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1 (v) management and oversight of mar2 itime activities. 

3 (2) TYPES OF ASSISTANCE AND TRAINING.— 

4 (A) AUTHORIZED ELEMENTS OF ASSIST5 ANCE.—Assistance provided under subsection 

6 (a)(1)(A) may include the provision of equip7 ment, training, and small-scale military con8 struction. 

9 (B) REQUIRED ELEMENTS OF ASSISTANCE

10 AND TRAINING.—Assistance and training pro11 vided under subsection (a) shall include ele12 ments that promote— 

13 (i) the observance of and respect for 

14 human rights; and 

15 (ii) respect for legitimate civilian au16 thority within the country to which the as17 sistance is provided. 

18 (e) JOINT TASK FORCE.—The Department of De19 fense shall establish a joint, interagency task force to as20 sess, respond to, and coordinate with allies and partners 

21 in response to the use of grey zone tactics by state and 

22 non-state actors in the Indo-Pacific maritime domain, in23 cluding— 

24 (1) conducting domain awareness operations, 

25 intelligence fusion, and multi-sensor correlation to 


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1 detect, monitor, and hand off suspected grey zone 

2 activities; 

3 (2) promoting security, cooperation, and capac4 ity building; and 

5 (3) coordinating country team and partner na6 tion initiatives in order to counter the use of grey 

7 zone tactics by adversaries. 

8 (f) ANNUAL REPORT.—The Secretary of State and 

9 the Secretary of Defense shall jointly submit to the appro10 priate committees of Congress each year a report on the 

11 status of the provision of equipment, training, supplies, 

12 or other services provided pursuant to the Initiative during 

13 the preceding 12 months. 

14 (g) AUTHORITY FOR PAYMENT.— 

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

16 after the date of enactment of this Act, and annually 

17 thereafter, if the Secretary of State determines that 

18 the payment of incremental expenses in connection 

19 with training described in subsection (a)(1)(B) will 

20 facilitate the participation in such training of orga21 nization personnel of foreign countries under sub22 section (a)(1)(C), the Secretary may use amounts 

23 available under subsection (b) for assistance and 

24 training under subsection (a) for the payment of 

25 such incremental expenses. 


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1 (2) COVERED COUNTRIES.—The foreign coun2 tries specified in this paragraph are the following: 

3 (A) Brunei. 

4 (B) Singapore. 

5 (C) Taiwan. 

6 (h) NOTICE TO CONGRESS ON ASSISTANCE AND

7 TRAINING.—Not later than 15 days before exercising the 

8 authority under subsection (a) or (g) with respect to a 

9 recipient foreign country, the Secretary of State shall sub10 mit a notification in writing to the appropriate committees 

11 of Congress. 

12 SEC. 236. REPORTING ON COUNTRIES PURCHASING ARMS 

13 FROM THE PEOPLE’S REPUBLIC OF CHINA. 

14 (a) IN GENERAL.— 

15 (1) ANNUAL REPORT.—Not later than 180 days 

16 after the date of the enactment of this Act, and an17 nually thereafter, the Secretary of State shall submit 

18 to the appropriate committees of Congress a report 

19 identifying countries which have in the prior two 

20 years acquired defense articles and any defense 

21 goods or services provided by grant, loan, or by 

22 other means of provision from the People’s Republic 

23 of China. 

24 (2) INTERIM BRIEFING.—Not later than 60 

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


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1 Defense Intelligence Agency shall provide an interim 

2 briefing on the report required under paragraph (1) 

3 to the appropriate congressional committees. 

4 (b) ELEMENTS.—The report required under sub5 section (a) shall include— 

6 (1) a determination of countries that have pur7 chased Chinese-origin defense articles and any de8 fense goods or services provided by grant, loan, or 

9 by other means of provision, and whether such pur10 chases have increased over the previous year; 

11 (2) a determination of which countries have 

12 provided Chinese-origin defense articles and any de13 fense goods or services provided by grant, loan, or 

14 by other means of provision to non-state actors; 

15 (3) a determination of whether the use of Chi16 nese defense articles and any defense goods or serv17 ices provided by other means by purchasing coun18 tries or non-state entities have been used in conflict, 

19 and if this has resulted in civilian casualties and, if 

20 so, an assessment of whether such casualties are the 

21 result of deliberate targeting; 

22 (4) the types, quantities, purchase price or 

23 grant or leased value, and general capabilities of 

24 such defense articles, and when such articles have 

25 been or will be delivered to such country, as well as 


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1 any concessions by the Government of China in 

2 terms of permitting in-country manufacturing, 

3 concessional financing, or other incentives, conces4 sions, or cooperative measures associated with such 

5 sales; and 

6 (5) a technical assessment of such defense arti7 cles, including the strengths, weaknesses, and reli8 ability of the defense articles compared to com9 parable United States defense articles. 

10 (c) FORM.—The report required under subsection (a) 

11 shall be submitted in unclassified form, but may include 

12 a classified annex as necessary. 

13 (d) DEFENSE ARTICLES DEFINED.—In this section, 

14 the term ‘‘defense articles’’ means the following items: 

15 (1) Rockets, space launch vehicles, missiles, 

16 bombs (including equipment to enable precision 

17 guidance), and torpedoes. 

18 (2) Armored combat ground vehicles, including 

19 ground vehicles and trailers that are armed or are 

20 specially designed to be used as a firing or launch 

21 platform to deliver munitions or otherwise destroy or 

22 incapacitate targets, excluding any unarmed ground 

23 vehicles. 

24 (3) Aircraft, whether manned, unmanned, re25 motely piloted, or optionally piloted, as follows: 


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1 (A) Bombers. 

2 (B) Fighters, fighter/bombers, and fixed3 wing attack aircraft. 

4 (C) Turbofan or turbojet powered trainers 

5 used to train pilots for fighter, attack, or bomb6 er aircraft. 

7 (D) Attack helicopters. 

8 (E) Unmanned aerial vehicles (UAVs). 

9 (F) Aircraft specially designed to incor10 porate a defense article for the purpose of per11 forming an intelligence, surveillance, and recon12 naissance function. 

13 (G) Aircraft specially designed to incor14 porate a defense article for the purpose of per15 forming an electronic warfare function, airborne 

16 warning and control aircraft, or aircraft spe17 cially designed to incorporate a defense article 

18 for the purpose of performing a command, con19 trol, and communication function. 

20 (4) Naval vessels, such as warships and other 

21 combatant vessels (battleships, aircraft carriers, de22 stroyers, frigates, cruisers, corvettes, littoral combat 

23 ships, mine sweepers, mine hunters, mine counter24 measure ships, dock landing ships, amphibious as25 sault ships), Coast Guard vessels, or vessels specially 


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1 designed or easily converted to provide functions 

2 equivalent to such vessels. 

3 (5) Submarines, submersibles and semi4 submersibles. 

5 Subtitle C—Regional Strategies To 

6 Counter the People’s Republic 

7 of China 

8 SEC. 240. APPROPRIATE CONGRESSIONAL COMMITTEES 

9 DEFINED. 

10 In this subtitle, the term ‘‘appropriate congressional 

11 committees’’ means— 

12 (1) the Committee on Foreign Relations, the 

13 Committee on Finance, and the Committee on Ap14 propriations of the Senate; and 

15 (2) the Committee on Foreign Affairs, the 

16 Committee on Ways and Means, and the Committee 

17 on Appropriations of the House of Representatives. 

18 PART I—WESTERN HEMISPHERE 

19 SEC. 241. SENSE OF CONGRESS REGARDING UNITED 

20 STATES-CANADA RELATIONS. 

21 It is the sense of Congress that— 

22 (1) the United States and Canada are close al23 lies, historically sharing values grounded in democ24 racy, human rights, transparency, and the rulesVerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00369 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629

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1 based international order established after World 

2 War II; 

3 (2) without a common approach by the United 

4 States and Canada on climate and environmental 

5 issues, the Arctic, energy and connectivity issues, 

6 trade and commercial relations, bilateral legal mat7 ters, and support for democracy and human rights, 

8 the People’s Republic of China will seek to expand 

9 its influence over economic, political, and security 

10 issues in Canada; 

11 (3) the relationship between the United States 

12 and Canada has come under significant strain due 

13 to— 

14 (A) tariff restrictions placed on Canada by 

15 the Trump Administration; and 

16 (B) personal attacks by President Trump 

17 and White House advisors against senior lead18 ers in the Canadian Government; 

19 (4) amidst the COVID–19 pandemic, the 

20 United States and Canada should maintain joint ini21 tiatives to address border management, commercial 

22 and trade relations, a shared approach with respect 

23 to the People’s Republic of China, and transnational 

24 challenges, including pandemics and climate change; 


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1 (5) the United States and Canada should en2 hance cooperation to counter Chinese disinformation, 

3 influence operations, and propaganda efforts; 

4 (6) the People’s Republic of China’s infrastruc5 ture investments, particularly in 5G telecommuni6 cations technology and port infrastructure, pose na7 tional security risks for the United States and Can8 ada; and 

9 (7) the United States should share, as appro10 priate, intelligence gathered regarding— 

11 (A) Huawei’s 5G capabilities; and 

12 (B) the Chinese Government’s intentions 

13 with respect to 5G expansion. 

14 SEC. 242. SENSE OF CONGRESS REGARDING THE GOVERN15 MENT OF CHINA’S ARBITRARY IMPRISON16 MENT OF CANADIAN CITIZENS. 

17 It is the sense of Congress that— 

18 (1) the Government of China’s detention of Ca19 nadian nationals Michael Spavor and Michael Kovrig 

20 appears to be a politically motivated act of retalia21 tion for the Government of Canada’s detention of 

22 Meng Wanzhou, which is deeply troubling; 

23 (2) the Government of China should— 

24 (A) immediately release Michael Spavor 

25 and Michael Kovrig; and 


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1 (B) guarantee due process for Canadian 

2 national Robert Schellenberg; and 

3 (3) the United States must continue to support 

4 efforts by the Government of Canada in calling for 

5 the immediate release of Canadian citizens in the 

6 People’s Republic of China. 

7 SEC. 243. STRATEGY TO ENHANCE COOPERATION WITH 

8 CANADA. 

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

10 date of the enactment of this Act, the President shall sub11 mit a strategy to the Committee on Foreign Relations and 

12 the Committee on Armed Services of the Senate and the 

13 Committee on Foreign Affairs and the Committee on 

14 Armed Services of the House of Representatives that de15 scribes how the United States will enhance cooperation 

16 with the Government of Canada in managing relations 

17 with the Government of China. 

18 (b) ELEMENTS.—The strategy required under sub19 section (a) shall— 

20 (1) identify key policy points of convergence 

21 and divergence between the United States and Can22 ada in managing relations with the People’s Repub23 lic of China in the areas of technology, trade, and 

24 economic practices; 


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1 (2) include the development of working groups 

2 with Canadian counterparts to enhance the coopera3 tion between the United States and Canada with re4 spect to— 

5 (A) managing economic relations with the 

6 People’s Republic of China; 

7 (B) democracy and human rights in the 

8 People’s Republic of China; 

9 (C) technology issues involving the Peo10 ple’s Republic of China; and 

11 (D) defense issues involving the People’s 

12 Republic of China; 

13 (3) detail diplomatic efforts and future plans to 

14 work with Canada to counter Chinese projection of 

15 an authoritarian governing model around the world; 

16 (4) detail diplomatic, defense, and intelligence 

17 cooperation to date and future plans to support Ca18 nadian efforts to identify cost-effective alternatives 

19 to Huawei’s 5G technology; 

20 (5) detail diplomatic and defense collabora21 tion— 

22 (A) to advance joint United States-Cana23 dian priorities for responsible stewardship in 

24 the Arctic Region; and 


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1 (B) to counter Chinese efforts to project 

2 political, economic, and military influence into 

3 the Arctic Region; and 

4 (6) detail diplomatic efforts to work with Can5 ada to track and counter Chinese attempts to exert 

6 influence across the multilateral system, including at 

7 the World Health Organization. 

8 (c) FORM.—The strategy required under this section 

9 shall be submitted in an unclassified form that can be 

10 made available to the public, but may include a classified 

11 annex, if necessary. 

12 (d) CONSULTATION.—Not later than 90 days after 

13 the date of the enactment of this Act, and not less fre14 quently than every 180 days thereafter, the Secretary of 

15 State shall consult with the Committee on Foreign Rela16 tions of the Senate and the Committee on Foreign Affairs 

17 of the House of Representatives regarding the develop18 ment and implementation of the strategy required under 

19 this section. 

20 SEC. 244. ENHANCING COOPERATION BETWEEN THE 

21 UNITED STATES AND CANADA ON TECH22 NOLOGY ISSUES WITH RESPECT TO THE PEO23 PLE’S REPUBLIC OF CHINA. 

24 (a) WORKING GROUP.—The President shall work 

25 with the Government of Canada to establish a formal 


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1 United States-Canada-European Union Working Group to 

2 develop a comprehensive strategy to respond to the tech3 nology challenges posed by Chinese efforts and influence 

4 in the communications, infrastructure, surveillance equip5 ment and cyber sectors. 

6 (b) GOALS.—The United States participants in the 

7 working group established pursuant to subsection (a) shall 

8 seek— 

9 (1) to complete a joint analysis on the perils of 

10 overreliance on Chinese telecommunications equip11 ment; and 

12 (2) to share intelligence and screen Chinese in13 vestments in strategic technology and critical infra14 structure. 

15 SEC. 245. ENHANCING UNITED STATES-CANADA-NATO CO16 OPERATION ON DEFENSE ISSUES WITH RE17 SPECT TO THE PEOPLE’S REPUBLIC OF 

18 CHINA. 

19 In carrying out the initiative described in section 256, 

20 the President shall work with the Government of Canada 

21 to establish the NATO Working Group described in such 

22 section to respond to the security challenges posed by the 

23 People’s Republic of China. 


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1 SEC. 246. STRATEGY TO STRENGTHEN ECONOMIC COM2 PETITIVENESS, GOVERNANCE, HUMAN 

3 RIGHTS, AND THE RULE OF LAW IN LATIN 

4 AMERICA AND THE CARIBBEAN. 

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

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

7 in consultation with the Secretary of the Treasury, the 

8 Secretary of Commerce, the Attorney General, the United 

9 States Trade Representative, and the Chief Executive Of10 ficer of the United States International Development Fi11 nance Corporation, shall submit a multi-year strategy for 

12 increasing United States economic competitiveness and 

13 promoting good governance, human rights, and the rule 

14 of law in Latin American and Caribbean countries, par15 ticularly in the areas of investment, equitable and sustain16 able development, commercial relations, anti-corruption 

17 activities, and infrastructure projects, to— 

18 (1) the Committee on Foreign Relations of the 

19 Senate; 

20 (2) the Committee on Finance of the Senate; 

21 (3) the Committee on Armed Services of the 

22 Senate; 

23 (4) the Committee on Appropriations of the 

24 Senate; 

25 (5) the Committee on Foreign Affairs of the 

26 House of Representatives; 


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1 (6) the Committee on Armed Services of the 

2 House of Representatives; 

3 (7) the Committee on Ways and Means of the 

4 House of Representatives; and 

5 (8) the Committee on Appropriations of the 

6 House of Representatives. 

7 (b) ADDITIONAL ELEMENTS.—The strategy required 

8 under subsection (a) shall include a plan of action for— 

9 (1) assisting Latin American and Caribbean 

10 countries with the sustainable development of equi11 table economies; 

12 (2) promoting judicial reform and the rule of 

13 law as a means to ensure fair competition, combat 

14 corruption, end impunity, and strengthen legal 

15 structures critical to robust democratic governance; 

16 (3) identifying and mitigating obstacles to eco17 nomic growth in Latin America and the Caribbean; 

18 (4) maintaining free and transparent access to 

19 the internet and digital infrastructure in the West20 ern Hemisphere; and 

21 (5) facilitating a more open, transparent, and 

22 competitive environment for United States busi23 nesses in Latin America and the Caribbean. 

24 (c) REPORTING REQUIREMENT.—Not later than 1 

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1 ally thereafter, the Secretary of State, after consultation 

2 with the Secretary of the Treasury, the Secretary of Com3 merce, the Attorney General, the United States Trade 

4 Representative, and the leadership of the United States 

5 International Development Finance Corporation, shall 

6 brief the congressional committees listed in subsection (a) 

7 regarding the implementation of this part, including exam8 ples of successes and challenges. 

9 SEC. 247. ENGAGEMENT IN REGIONAL AND INTER10 NATIONAL ORGANIZATIONS IN LATIN AMER11 ICA AND THE CARIBBEAN. 

12 (a) APPROPRIATE COMMITTEES OF CONGRESS DE13 FINED.—In this section, the term ‘‘appropriate commit14 tees of Congress’’ means— 

15 (1) the Committee on Foreign Relations of the 

16 Senate; 

17 (2) the Select Committee on Intelligence of the 

18 Senate; 

19 (3) the Committee on Appropriations of the 

20 Senate; 

21 (4) the Committee on Foreign Affairs of the 

22 House of Representatives; 

23 (5) the Permanent Select Committee on Intel24 ligence of the House of Representatives; and 


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1 (6) the Committee on Appropriations of the 

2 House of Representatives. 

3 (b) REPORTING REQUIREMENT.— 

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

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

6 of State, working through the Assistant Secretary of 

7 State for Intelligence and Research, and in coordina8 tion with the Director of National Intelligence and 

9 the Director of the Central Intelligence Agency, shall 

10 submit a report to the appropriate committees of 

11 Congress that assesses the nature, intent, and im12 pact to United States strategic interests of Chinese 

13 diplomatic activity aimed at influencing the deci14 sions, procedures, and programs of multilateral or15 ganizations in Latin America and the Caribbean, in16 cluding the World Bank, International Monetary 

17 Fund, Organization of American States, and the 

18 Inter-American Development Bank. 

19 (2) FORM.—The report required under para20 graph (1) shall be submitted in unclassified form 

21 and shall include classified annexes. 

22 (c) DIPLOMACY IN MULTILATERAL FORA.—Not later 

23 than 180 days after the date of the enactment of this Act, 

24 the Secretary of State, in coordination with the United 

25 States Permanent Representative to the Organization of 


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1 American States, the United States Executive Director to 

2 the Inter-American Development Bank, and the United 

3 States Executive Directors at multilateral development 

4 banks with programs in Latin America and the Caribbean, 

5 shall submit a strategy to Congress that— 

6 (1) addresses the challenges to United States 

7 national security identified in the report required 

8 under subsection (b); and 

9 (2) advances the objectives established in the 

10 strategy required under section 246(a). 

11 SEC. 248. RESPONSE TO THE BELT AND ROAD INITIATIVE 

12 IN LATIN AMERICA AND THE CARIBBEAN. 

13 (a) ELIGIBILITY OF CARIBBEAN COUNTRIES FOR FI14 NANCING THROUGH THE UNITED STATES INTER15 NATIONAL DEVELOPMENT FINANCE CORPORATION.—Sec16 tion 1412(c) of the BUILD Act of 2018 (22 U.S.C. 

17 9612(c)) is amended by adding at the end the following: 

18 ‘‘(3) INCLUSION OF CARIBBEAN COUNTRIES.— 

19 Notwithstanding paragraphs (1) and (2), Caribbean 

20 countries (excluding Cuba) shall be included among 

21 the countries receiving prioritized support under title 

22 II during the 10-year period beginning on the date 

23 of the enactment of the America LEADS Act.’’. 

24 (b) PRIORITIZING ENGAGEMENT IN THE WESTERN

25 HEMISPHERE.—Section 1412 of the BUILD Act of 2018, 


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1 as amended by subsection (a), is further amended by add2 ing at the end the following: 

3 ‘‘(d) FOREIGN POLICY GUIDANCE.—The Secretary of 

4 State, in accordance with the priorities identified in sub5 section (c), shall provide foreign policy guidance to the 

6 Corporation to prioritize development financing to Latin 

7 American and Caribbean countries (excluding Cuba) by 

8 dedicating not less than 35 percent of development financ9 ing and equity investments to countries in Latin America 

10 and the Caribbean during the 10-year period beginning 

11 on the date of the enactment of the America LEADS 

12 Act.’’. 

13 SEC. 249. TECHNOLOGICAL COOPERATION WITH LATIN 

14 AMERICAN AND CARIBBEAN GOVERNMENTS. 

15 (a) TECHNICAL ASSISTANCE ON CYBERCRIME.—The 

16 Secretary of State, working through the Office of the Co17 ordinator for Cyber Issues of the Department of State, 

18 and in consultation with the Attorney General, the Direc19 tor of the Federal Bureau of Investigation, and the Chief 

20 of the International Bureau of the Federal Communica21 tions Commission, shall offer to provide technical assist22 ance to Latin American and Caribbean countries to 

23 strengthen their capacity to promote digital security, in24 cluding— 


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1 (1) defending the integrity of digital infrastruc2 ture and digital assets, including data storage sys3 tems, such as cloud computing, proprietary data, 

4 personal information, and proprietary technologies; 

5 (2) detecting, identifying, and investigating 

6 cybercrimes, including the collection of digital foren7 sic evidence; 

8 (3) developing appropriate enforcement mecha9 nisms for cybercrimes; 

10 (4) detecting and identifying perpetrators; and 

11 (5) prosecuting cybercrimes and holding per12 petrators accountable for such crimes. 

13 (b) PRIORITIZATION.—In providing the technical as14 sistance described in subsection (b), the Secretary of State 

15 shall prioritize working with national and regional law en16 forcement entities that respect the due process and privacy 

17 rights of their citizens, including— 

18 (1) police forces; 

19 (2) prosecutors; 

20 (3) attorneys general; 

21 (4) courts; and 

22 (5) other law enforcement entities, as appro23 priate. 

24 (c) CYBER DEFENSE ASSISTANCE.—The Secretary of 

25 State, in coordination with the Commander of the United 


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1 States Cyber Command and the Director of National In2 telligence, shall offer technical assistance— 

3 (1) to strengthen the capacity of Latin Amer4 ican and Caribbean governments to protect the in5 tegrity of their telecommunications and data net6 works and their critical infrastructure; and 

7 (2) to provide technical assistance to Latin 

8 American and Caribbean government officials, in9 cluding with respect to— 

10 (A) building and monitoring secure tele11 communications and data networks; 

12 (B) identifying threats and detecting and 

13 deterring attacks; 

14 (C) investigating cybercrimes, including 

15 the collection of digital forensic evidence; 

16 (D) protecting the integrity of digital in17 frastructure and digital assets, including data 

18 storage systems (including cloud computing), 

19 proprietary data, personal information, and pro20 prietary technologies; 

21 (E) planning maintenance, improvements, 

22 and modernization in a coordinated and regular 

23 fashion to ensure continuity and safety; and 


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1 (F) protecting the digital systems that 

2 manage roads, bridges, ports, and transpor3 tation hubs. 

4 (d) BRIEFING REQUIREMENT.—Not later than 180 

5 days after the date of the enactment of this Act, and every 

6 180 days thereafter, the Secretary of State shall provide 

7 a briefing regarding the technical assistance described in 

8 subsections (a) and (c) to— 

9 (1) the Committee on Foreign Relations of the 

10 Senate; 

11 (2) the Committee on the Judiciary of the Sen12 ate; 

13 (3) the Committee on Armed Services of the 

14 Senate; 

15 (4) the Committee on Appropriations of the 

16 Senate; 

17 (5) the Committee on Foreign Affairs of the 

18 House of Representatives; 

19 (6) the Committee on the Judiciary of the 

20 House of Representatives; 

21 (7) the Committee on Armed Services of the 

22 House of Representatives; and 

23 (8) the Committee on Appropriations of the 

24 House of Representatives. 


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1 SEC. 249A. DEFENSE COOPERATION IN LATIN AMERICA 

2 AND THE CARIBBEAN. 

3 (a) IN GENERAL.—The Secretary of State should 

4 dedicate at least 14 percent of the amounts appropriated 

5 to bilateral and multilateral military education programs, 

6 such as the International Military Education and Training 

7 Program, for Latin America and the Caribbean for each 

8 of fiscal years 2021 through 2026. 

9 (b) MODERNIZATION.—The Secretary of State shall 

10 take steps to modernize and strengthen the programs re11 ceiving funding under subsection (a) to ensure that such 

12 programs are vigorous, substantive, and the preeminent 

13 choice for international military education and training for 

14 Latin American and Caribbean partners. 

15 (c) REQUIRED ELEMENTS.—The programs referred 

16 to in subsection (a) shall— 

17 (1) provide training and capacity-building op18 portunities to Latin American and Caribbean secu19 rity services; 

20 (2) provide practical skills and frameworks 

21 for— 

22 (A) improving the functioning and organi23 zation of security services in Latin America and 

24 the Caribbean; 

25 (B) creating a better understanding of the 

26 United States and its values; and 


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1 (C) using technology for maximum effi2 ciency and organization; and 

3 (3) promote and ensure that security services in 

4 Latin America and the Caribbean respect civilian 

5 authority and operate in compliance with inter6 national norms, standards, and rules of engagement, 

7 including a respect for human rights. 

8 (d) LIMITATION.—Security assistance under this sec9 tion is subject to the limitations set forth in section 620M 

10 of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d). 

11 SEC. 249B. ENGAGEMENT WITH CIVIL SOCIETY IN LATIN 

12 AMERICA AND THE CARIBBEAN REGARDING 

13 ACCOUNTABILITY, HUMAN RIGHTS, AND THE 

14 RISKS OF PERVASIVE SURVEILLANCE TECH15 NOLOGIES. 

16 (a) SENSE OF CONGRESS.—It is the sense of Con17 gress that— 

18 (1) the Government of China is exporting its 

19 model for internal security and state control of soci20 ety through advanced technology and artificial intel21 ligence; and 

22 (2) the adoption of surveillance systems can 

23 lead to breaches of citizens’ private information, in24 creased censorship, violations of civil rights, and 

25 harassment of political opponents. 


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1 (b) DIPLOMATIC ENGAGEMENT.—The Secretary of 

2 State shall conduct diplomatic engagement with govern3 ments and civil society organizations in Latin America and 

4 the Caribbean to— 

5 (1) help identify and mitigate the risks to civil 

6 liberties posed by pervasive surveillance and moni7 toring technologies; and 

8 (2) offer recommendations on ways to mitigate 

9 such risks. 

10 (c) INTERNET FREEDOM PROGRAMS.—The Chief Ex11 ecutive Officer of the United States Agency for Global 

12 Media, working through the Open Technology Fund, and 

13 the Secretary of State, working through the Bureau of De14 mocracy, Human Rights, and Labor’s Internet Freedom 

15 and Business and Human Rights Section, shall expand 

16 and prioritize efforts to provide anti-censorship technology 

17 and services to journalists and citizens in Latin America, 

18 in order to enhance their ability to safely access or share 

19 digital news and information without fear of repercussions 

20 or surveillance. 

21 (d) SUPPORT FOR CIVIL SOCIETY.—The Secretary of 

22 State, in coordination with the Assistant Secretary of 

23 State for Democracy, Human Rights, and Labor and the 

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1 national Development, shall work through nongovern2 mental organizations to— 

3 (1) support and promote programs that support 

4 internet freedom and the free flow of information 

5 online in Latin America and the Caribbean; 

6 (2) protect open, interoperable, secure, and reli7 able access to internet in Latin America and the 

8 Caribbean; 

9 (3) provide integrated support to civil society 

10 for technology, digital safety, policy and advocacy, 

11 and applied research programs in Latin America 

12 and the Caribbean; 

13 (4) train journalists and civil society leaders in 

14 Latin America and the Caribbean on investigative 

15 techniques necessary to ensure public accountability 

16 and prevent government overreach in the digital 

17 sphere; 

18 (5) assist independent media outlets and jour19 nalists in Latin America and the Caribbean to build 

20 their own capacity and develop high-impact, in-depth 

21 news reports covering governance and human rights 

22 topics; 

23 (6) provide training for journalists and civil so24 ciety leaders on investigative techniques necessary to 


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1 improve transparency and accountability in govern2 ment and the private sector; 

3 (7) provide training on investigative reporting 

4 relating to media reporting of incidents of corruption 

5 and unfair trade, business and commercial practices, 

6 including the role of the Government of China in 

7 such practices; and 

8 (8) assist nongovernmental organizations to 

9 strengthen their capacity to monitor the activities 

10 described in paragraph (7). 

11 (e) BRIEFING REQUIREMENT.—Not more than 180 

12 days after the date of the enactment of this Act, and every 

13 180 days thereafter, the Secretary of State, the Adminis14 trator of the United States Agency for International De15 velopment, and the Chief Executive Officer of the United 

16 States Agency for Global Media shall provide a briefing 

17 regarding the efforts described in subsections (c), (d), and 

18 (e) to— 

19 (1) the Committee on Foreign Relations of the 

20 Senate; 

21 (2) the Committee on Appropriations of the 

22 Senate; 

23 (3) the Committee on Foreign Affairs of the 

24 House of Representatives; and 


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1 (4) the Committee on Appropriations of the 

2 House of Representatives. 

3 PART II—TRANSATLANTIC ALLIANCE 

4 SEC. 251. SENSE OF CONGRESS ON THE TRANSATLANTIC 

5 ALLIANCE. 

6 It is the sense of Congress that— 

7 (1) the United States, the European Union, 

8 and countries of Europe are close partners, histori9 cally sharing values grounded in democracy, human 

10 rights, transparency, and the rules-based inter11 national order established after World War II; 

12 (2) without a common United States and Euro13 pean Union approach on connectivity, trade, 

14 transnational problems such as climate change and 

15 pandemics, and support for democracy and human 

16 rights, the People’s Republic of China will continue 

17 to increase its economic, political and security lever18 age in Europe; 

19 (3) the People’s Republic of China’s deployment 

20 of assistance to European countries following the 

21 COVID–19 outbreak showcased a coercive approach 

22 to aid, but it also highlighted Europe’s deep eco23 nomic ties to China; 

24 (4) the transatlantic relationship has come 

25 under significant strain due to tariff restrictions 


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1 placed by the Trump Administration and personal 

2 attacks by the President against the European 

3 Union, the North Atlantic Treaty Organization, and 

4 individual leaders across the continent; 

5 (5) as European Union member states seek to 

6 recover from the economic toll of the COVID–19 

7 outbreak, the United States must stand in partner8 ship with Europe to support our collective economic 

9 recovery and reinforce our collective national secu10 rity and defend these shared values; 

11 (6) the United States and European Union 

12 should coordinate on joint strategies to diversify reli13 ance on supply chains away from the People’s Re14 public of China, especially in the medical and phar15 maceutical sectors; 

16 (7) the United States and European Union 

17 should enhance cooperation to counter Chinese 

18 disinformation, influence operations, and propa19 ganda efforts; 

20 (8) the People’s Republic of China’s infrastruc21 ture investments, particularly in 5G telecommuni22 cations technology and port infrastructure, could 

23 threaten democracy across Europe and the national 

24 security of key countries; 


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1 (9) as appropriate, the United States should 

2 share intelligence on Huawei’s 5G capabilities and 

3 the intentions of the Government of China with re4 spect to 5G expansion in Europe; 

5 (10) the European Union’s Investment Screen6 ing Regulation, due to come into force in October 

7 2020, is a welcome development, and member states 

8 should closely scrutinize Chinese investments in their 

9 countries through their own national investment 

10 screening measures; 

11 (11) the President should actively engage the 

12 European Union on the implementation of the Ex13 port Control Reform Act regulations and work to 

14 align the law’s regulations with European Union pri15 orities; 

16 (12) the President should strongly advocate for 

17 the listing of more items and technologies to restrict 

18 dual use exports to the People’s Republic of China 

19 under the Wassenaar Arrangement; and 

20 (13) the United States should explore the value 

21 of establishing a body akin to the Coordinating 

22 Committee for Multilateral Export Controls 

23 (CoCom) that would specifically coordinate the ex24 port of United States and European Union sensitive 

25 technologies to the People’s Republic of China. 


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1 SEC. 252. STRATEGY REQUIREMENT. 

2 (a) STRATEGY TO ENHANCE COOPERATION WITH

3 EUROPE.—Not later than 90 days after the date of the 

4 enactment of this Act, the President shall submit to the 

5 Committee on Foreign Relations and the Committee on 

6 Armed Services of the Senate and the Committee on For7 eign Affairs and the Committee on Armed Services of the 

8 House of Representatives a strategy for how the United 

9 States will enhance cooperation with Europe on managing 

10 relations with the People’s Republic of China. 

11 (b) ELEMENTS.—The strategy required under sub12 section (a) shall do the following: 

13 (1) Designate a senior Senate-confirmed De14 partment of State official to lead United States-Eu15 ropean Union efforts to manage relations with the 

16 People’s Republic of China. 

17 (2) Identify key policy points of convergence 

18 and divergence between the United States and Euro19 pean Union in managing relations with the People’s 

20 Republic of China in the areas of technology, trade, 

21 and economic practices. 

22 (3) Develop working groups with European 

23 Union counterparts on enhancing United States-Eu24 ropean Union cooperation on— 

25 (A) economic relations with the People’s 

26 Republic of China; 


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1 (B) democracy and human rights with re2 spect to the People’s Republic of China; 

3 (C) technology issues with respect to the 

4 People’s Republic of China; and 

5 (D) defense issues with respect to the Peo6 ple’s Republic of China. 

7 (4) Describe the coordination mechanisms 

8 among key regional and functional bureaus within 

9 the Department of State and Department of Defense 

10 tasked with engaging with the European Union on 

11 the People’s Republic of China. 

12 (5) Detail diplomatic efforts to date and future 

13 plans to work with European partners to counter 

14 Chinese projection of an authoritarian governing 

15 model around the world. 

16 (6) Detail the diplomatic efforts to date and fu17 ture plans to support European efforts to identify 

18 cost-effective alternatives to Huawei’s 5G tech19 nology. 

20 (7) Detail how United States public diplomacy 

21 tools, including the Department of State’s Global 

22 Engagement Center, will coordinate efforts with 

23 counterpart entities within the European Union to 

24 counter Chinese propaganda. 


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1 (8) Describe the current staffing and budget re2 sources the Department of State dedicates to United 

3 States-European Union engagement on the People’s 

4 Republic of China and provide an assessment of out5 year resource needs to execute the strategy. 

6 (9) Detail diplomatic efforts to work with Euro7 pean partners to track and counter Chinese attempts 

8 to exert influence across multilateral fora, including 

9 at the World Health Organization. 

10 (c) FORM.—The strategy required under section (a) 

11 shall be submitted in unclassified form that can be made 

12 available to the public, but may include a classified annex 

13 if necessary. 

14 (d) CONSULTATION.—Not later than 90 days after 

15 the date of the enactment of this Act, and every 180 days 

16 thereafter, the Secretary of State shall consult with the 

17 Committee on Foreign Relations of the Senate and the 

18 Committee of Foreign Affairs of the House of Representa19 tives regarding the development and implementation of the 

20 strategy. 


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1 SEC. 253. ENHANCING UNITED STATES-EUROPEAN UNION 

2 COOPERATION ON POST-COVID–19 ECONOMIC 

3 RELATIONS WITH THE PEOPLE’S REPUBLIC 

4 OF CHINA. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that— 

7 (1) the United States and European Union 

8 should leverage their respective economic innovation 

9 capabilities to support the global economic recovery 

10 from the COVID–19 recession and draw a contrast 

11 with the People’s Republic of China’s centralized 

12 economy; 

13 (2) the United States and European Union 

14 should accelerate efforts to de-escalate their trade 

15 disputes, including negotiating a United States-Eu16 ropean Union trade agreement that benefits workers 

17 and the broader economy in both the United States 

18 and European Union; and 

19 (3) the United States, European Union, and 

20 Japan should continue trilateral efforts to address 

21 economic challenges posed by the People’s Republic 

22 of China. 

23 (b) WORKING GROUP.—The President shall work 

24 with counterparts in Europe to establish a United States25 European Union COVID–19 economic working group fo26 cused on the People’s Republic of China. The United 


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1 States participants in the proposed working group shall 

2 seek to— 

3 (1) evaluate United States and European Union 

4 overreliance on Chinese goods, including in the med5 ical and pharmaceutical sectors, and develop joint 

6 strategies to diversify supply chains; 

7 (2) counter Chinese efforts to use COVID–19- 

8 related assistance as a coercive tool to pressure de9 veloping countries by offering United States and Eu10 ropean Union expertise in the form of official advi11 sors within finance ministries and COVID–19 task 

12 forces; and 

13 (3) leverage the United States and European 

14 Union private sector in the COVID–19 economic re15 covery. 

16 SEC. 254. RESPONSE TO THE PEOPLE’S REPUBLIC OF CHI17 NA’S BELT AND ROAD INITIATIVE. 

18 (a) IN GENERAL.—The President shall work with 

19 European counterparts to establish a formal United 

20 States-European Commission Working Group to develop 

21 a comprehensive strategy to respond to the Belt and Road 

22 Initiative (BRI) established by the Government of China. 

23 The United States participants in the proposed working 

24 group shall seek to integrate existing efforts into the strat25 egy, including— 


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1 (1) the European Union Strategy on Con2 necting Europe and Asia; 

3 (2) the Three Seas Initiative; 

4 (3) the Blue Dot Network among the United 

5 States, Japan, and Australia; 

6 (4) a European Union-Japan initiative that has 

7 leveraged $65,000,000,000 for infrastructure 

8 projects and emphasizes transparency standards; 

9 and 

10 (5) efforts to address the Government of Chi11 na’s use of the United Nations to advance BRI, in12 cluding the proliferation of memoranda of under13 standing between the People’s Republic of China and 

14 United Nations funds and programs on BRI imple15 mentation. 

16 (b) CO-FINANCING OF PROJECTS.— 

17 (1) AUTHORIZATION OF APPROPRIATIONS.— 

18 There are authorized to be appropriated such sums 

19 as may be necessary to co-finance infrastructure 

20 projects that could otherwise be included within Chi21 na’s Belt and Road Initiative, provided that— 

22 (A) the United States can leverage existing 

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1 ther promote transparency and debt sustain2 ability; and 

3 (B) the projects promote the public good. 

4 (2) LEVERAGING OF PRIVATE SECTOR FINANC5 ING.—The United States shall work with the Euro6 pean Union to also leverage financing from the pri7 vate sector for such projects. 

8 (3) STANDARDS.—The United States and the 

9 European Union should coordinate and develop— 

10 (A) a set of transparency, environmental, 

11 and social standards for all infrastructure 

12 projects that are executed by foreign firms on 

13 United States or European soil; and 

14 (B) a strategy to enhance transatlantic co15 operation with the OECD and the Paris Club 

16 on ensuring the highest possible standards for 

17 Belt and Road Initiative contracts and terms 

18 with developing countries. 

19 SEC. 255. ENHANCING UNITED STATES-EUROPEAN UNION 

20 COOPERATION ON TECHNOLOGY ISSUES 

21 WITH RESPECT TO THE PEOPLE’S REPUBLIC 

22 OF CHINA. 

23 The President shall work with European counterparts 

24 to establish a formal United States-European Union 

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1 spond to the technology challenges posed by Chinese ef2 forts in the communications, infrastructure, surveillance 

3 equipment, and cyber sectors. The United States partici4 pants in the proposed working group shall seek to— 

5 (1) complete a joint analysis on the perils of 

6 overreliance on Chinese telecommunications equip7 ment; 

8 (2) share intelligence and screen Chinese invest9 ments in strategic technology and critical infrastruc10 ture; 

11 (3) coordinate on blocking imports of surveil12 lance technologies from the People’s Republic of 

13 China and on working with European Union aspi14 rant countries to develop similar import restriction 

15 regimes, making it a requirement for European 

16 Union membership and enhanced relations with the 

17 United States; and 

18 (4) urge the European Union to commit to the 

19 September 2019 principles signed by 27 countries 

20 regarding ‘‘Advancing Responsible State Behavior in 

21 Cyberspace,’’ a set of commitments introduced by 

22 the United States and signed by 19 European coun23 tries that support the ‘‘rules-based international 

24 order, affirms the applicability of international law 

25 to state-on-state behavior, adherence to voluntary 


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1 norms of responsible state behavior in peacetime, 

2 and the development and implementation of practical 

3 confidence building measures to help reduce the risk 

4 of conflict stemming from cyber incidents’’. 

5 SEC. 256. ENHANCING UNITED STATES-EUROPEAN UNION6 NATO COOPERATION ON DEFENSE ISSUES 

7 WITH RESPECT TO THE PEOPLE’S REPUBLIC 

8 OF CHINA. 

9 The President shall work with European counterparts 

10 to establish a formal United States-European Commis11 sion-NATO Working Group to develop a comprehensive 

12 strategy to respond to security challenges posed by the 

13 People’s Republic of China. The United States partici14 pants in the proposed working group shall seek to— 

15 (1) engage in a dialogue on perceptions of Chi16 nese military strategy and capabilities, including its 

17 interest in the Arctic Region; and 

18 (2) explore the impact of Chinese investments 

19 in 5G and critical technologies, including artificial 

20 intelligence, on transatlantic security over the next 

21 decades. 


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1 SEC. 257. ENGAGING WITH CIVIL SOCIETY AND ENHANCING 

2 UNITED STATES-EUROPEAN UNION CO3 OPERATION ON DEMOCRACY AND HUMAN 

4 RIGHTS WITH RESPECT TO THE PEOPLE’S RE5 PUBLIC OF CHINA. 

6 (a) SENSE OF CONGRESS.—It is the sense of Con7 gress that— 

8 (1) the United States and European Union 

9 share concerns with respect to repression by the 

10 Government of China across the country, and have 

11 taken measures to address specific abuses in Tibet, 

12 Hong Kong, and Xinjiang; and 

13 (2) the United States and European Union 

14 should be united in their shared values against at15 tempts by the Government of China at the United 

16 Nations and other multilateral organizations to pro17 mote efforts that only serve to erode the Universal 

18 Declaration of Human Rights, like the ‘‘community 

19 of a shared future for mankind’’ and ‘‘democratiza20 tion of international relations’’. 

21 (b) WORKING GROUP.—The President shall work 

22 with European counterparts to establish a United States23 European Union democracy and human rights working 

24 group on the People’s Republic of China. The United 

25 States participants in the working group shall seek— 


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1 (1) to coordinate with respect to sanctions, in2 cluding asset freezes and visa bans, targeting offi3 cials of the Government of China engaged in gross 

4 violations of human rights; 

5 (2) to urge the European Union to finalize its 

6 human rights sanctions regime, which is under dis7 cussion as of the date of the enactment of this Act 

8 and would be the European Union equivalent of the 

9 Global Magnitsky Human Rights Accountability Act 

10 (subtitle F of title XII of Public Law 114–328; 22 

11 U.S.C. 2656 note); 

12 (3) to issue joint statements on human rights 

13 abuses and government repression by the Govern14 ment of China; and 

15 (4) to develop plans to counter efforts by the 

16 Government of China to export its authoritarian 

17 governance model to countries around the world. 

18 (c) CIVIL SOCIETY ENGAGEMENT.—Congress encour19 ages the National Endowment of Democracy to work with 

20 organizations in countries in Europe, and around the 

21 world, to address efforts by the Government of China to 

22 undermine democratic institutions and values in Europe 

23 and around the world, including through international or24 ganizations. 


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1 PART III—SOUTH AND CENTRAL ASIA 

2 SEC. 260. STRATEGY TO ENHANCE COOPERATION WITH 

3 SOUTH AND CENTRAL ASIA. 

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

5 date of the enactment of this Act, the President shall sub6 mit to the Committee on Foreign Relations and the Com7 mittee on Armed Services of the Senate and the Com8 mittee on Foreign Affairs and the Committee on Armed 

9 Services of the House of Representatives a strategy for 

10 how the United States will enhance cooperation with the 

11 countries of South and Central Asia on managing rela12 tions with the People’s Republic of China. 

13 (b) ELEMENTS.—The strategy required under sub14 section (a) shall include the following elements: 

15 (1) A detailed description of the security and 

16 economic challenges that the People’s Republic of 

17 China poses to the countries of South and Central 

18 Asia, including border disputes with South and Cen19 tral Asian countries that border China, Chinese in20 vestments in ports, transportation infrastructure, 

21 and energy projects across the region. 

22 (2) A detailed description of efforts to provide 

23 alternatives to Chinese infrastructure investment 

24 and other investment in South and Central Asia. 

25 (3) A detailed description of efforts to develop 

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1 struct that would work with countries in Central 

2 Asia on strategies to build resilience against Chinese 

3 efforts to interfere in their political systems and 

4 economies. 

5 (4) A detailed description of bilateral and re6 gional efforts to work with countries in South Asia 

7 on strategies to build resilience against Chinese ef8 forts to interfere in their political systems and 

9 economies. 

10 (5) A detailed description of United States dip11 lomatic efforts to work with the Government of Af12 ghanistan on addressing the challenges posed by 

13 Chinese investment in the Afghan mineral sector. 

14 (6) In close consultation with the Government 

15 of India, identification of areas where the United 

16 States Government can provide diplomatic and other 

17 support as appropriate for India’s efforts to address 

18 economic and security challenges posed by the Peo19 ple’s Republic of China in the region. 

20 (7) A description of the coordination mecha21 nisms among key regional and functional bureaus 

22 within the Department of State and Department of 

23 Defense tasked with engaging with the countries of 

24 South and Central Asia on the People’s Republic of 

25 China. 


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1 (c) FORM.—The strategy required under section (a) 

2 shall be submitted in unclassified form that can be made 

3 available to the public, but may include a classified annex 

4 as necessary. 

5 (d) CONSULTATION.—Not later than 90 days after 

6 the date of the enactment of this Act, and not less than 

7 every 180 days thereafter, the Secretary of State shall 

8 consult with the Committee on Foreign Relations and the 

9 Committee on Appropriations of the Senate and the Com10 mittee of Foreign Affairs and the Committee on Appro11 priations of the House of Representatives regarding the 

12 development and implementation of the strategy required 

13 under subsection (a). 

14 PART IV—ASSOCIATION OF SOUTHEAST ASIAN 

15 NATIONS 

16 SEC. 261. SENSE OF CONGRESS ON COOPERATION WITH 

17 ASEAN. 

18 It is the sense of Congress that the United States— 

19 (1) stands with the nations of Association of 

20 Southeast Asian Nations (ASEAN) as they respond 

21 to COVID–19 and supports greater cooperation in 

22 building capacity to prepare for and respond to 

23 pandemics and other public health challenges; 


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1 (2) supports high-level United States participa2 tion in the annual ASEAN Summit held each No3 vember; 

4 (3) reaffirms the importance of United States5 ASEAN economic engagement, including the elimi6 nation of barriers to cross-border commerce, and 

7 supports the ASEAN Economic Community’s (AEC) 

8 goals, including strong, inclusive, and sustainable 

9 long-term economic growth and cooperation with the 

10 United States that focuses on innovation and capac11 ity-building efforts in technology, education, disaster 

12 management, food security, human rights, and trade 

13 facilitation, particularly for ASEAN’s poorest coun14 tries; 

15 (4) urges ASEAN to continue its efforts to fos16 ter greater integration and unity within the ASEAN 

17 community, as well as to foster greater integration 

18 and unity with non-ASEAN economic, political, and 

19 security partners, including Japan, the Republic of 

20 Korea, Australia, the European Union, Taiwan, and 

21 India; 

22 (5) recognizes the value of strategic economic 

23 initiatives like United States-ASEAN Connect, 

24 which demonstrates a commitment to ASEAN and 


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1 the AEC and builds upon economic relationships in 

2 the region; 

3 (6) supports ASEAN nations in addressing 

4 maritime and territorial disputes in a constructive 

5 manner and in pursuing claims through peaceful, 

6 diplomatic, and, as necessary, legitimate regional 

7 and international arbitration mechanisms, consistent 

8 with international law, including through the adop9 tion of a code of conduct in the South China Sea 

10 that represents the interests of all parties and pro11 motes peace and stability in the region; 

12 (7) urges all parties involved in the maritime 

13 and territorial disputes in the Indo-Pacific region, 

14 including the Government of China— 

15 (A) to cease any current activities, and 

16 avoid undertaking any actions in the future, 

17 that undermine stability, or complicate or esca18 late disputes through the use of coercion, in19 timidation, or military force; 

20 (B) to demilitarize islands, reefs, shoals, 

21 and other features, and refrain from new ef22 forts to militarize, including the construction of 

23 new garrisons and facilities and the relocation 

24 of additional military personnel, material, or 

25 equipment; 


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1 (C) to oppose actions by any country that 

2 prevent other countries from exercising their 

3 sovereign rights to the resources in their exclu4 sive economic zones and continental shelves by 

5 enforcing claims to those areas in the South 

6 China Sea that lack support in international 

7 law; and 

8 (D) to oppose unilateral declarations of ad9 ministrative and military districts in contested 

10 areas in the South China Sea; 

11 (8) urges parties to refrain from unilateral ac12 tions that cause permanent physical damage to the 

13 marine environment, and supports the efforts of the 

14 National Oceanic and Atmospheric Administration 

15 and ASEAN to implement guidelines to address the 

16 illegal, unreported, and unregulated fishing in the 

17 region; 

18 (9) urges ASEAN member states to develop a 

19 common approach to reaffirm the decision of the 

20 Permanent Court of Arbitration’s 2016 ruling in 

21 favor of the Republic of the Philippines in the case 

22 against the People’s Republic of China’s excessive 

23 maritime claims; 

24 (10) reaffirms the commitment of the United 

25 States to continue joint efforts with ASEAN to halt 


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1 human smuggling and trafficking in persons, and 

2 urges ASEAN to create and strengthen regional 

3 mechanisms to provide assistance and support to 

4 refugees and migrants; 

5 (11) supports the Lower Mekong Initiative, 

6 which has led to significant progress in promoting 

7 sustainable long-term economic development in 

8 mainland Southeast Asia and fostering integrated 

9 sub-regional cooperation and capacity-building; 

10 (12) encourages the President of the United 

11 States to communicate to ASEAN leaders the im12 portance of promoting the rule of law and open and 

13 transparent government, strengthening civil society, 

14 and protecting human rights, including releasing po15 litical prisoners, ceasing politically motivated pros16 ecutions and arbitrary killings, and safeguarding 

17 freedom of the press, freedom of assembly, freedom 

18 of religion, and freedom of speech and expression; 

19 (13) supports efforts by organizations in 

20 ASEAN that address corruption in the public and 

21 private sectors, enhance anti-bribery compliance, en22 force bribery criminalization in the private sector, 

23 and build beneficial ownership transparency through 

24 the ASEAN-USAID PROSPECT project partnered 


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1 with the South East Asia Parties Against Corrup2 tion (SEA-PAC); 

3 (14) supports the Young Southeast Asian Lead4 ers Initiative as an example of a people-to-people 

5 partnership that provides skills, networks, and lead6 ership training to a new generation that will create 

7 and fill jobs, foster cross-border cooperation and 

8 partnerships, and rise to solve the regional and glob9 al challenges of the future; 

10 (15) supports expanding the Young Southeast 

11 Asian Leaders Initiative to include people-to-people 

12 partnerships from the broader Indo-Pacific region 

13 with an emphasis on civil society leaders and re14 naming it the ‘‘Obama Young Indo-Pacific Leaders 

15 Initiative’’; 

16 (16) applauds the ASEAN governments that 

17 have fully upheld and implemented all United Na18 tions Security Council resolutions and international 

19 agreements with respect to the Democratic People’s 

20 Republic of Korea’s nuclear and ballistic missile pro21 grams, and encourages all other ASEAN govern22 ments to do the same; and 

23 (17) should work with ASEAN, through the 

24 ASEAN Defence Ministers’ Meeting, to initiate a 

25 dialogue regarding perceptions of Chinese military 


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1 strategy and capabilities, including its interest in the 

2 Arctic Region. 

3 SEC. 262. ASEAN STRATEGY REQUIREMENT. 

4 (a) STRATEGY TO ENHANCE COORDINATION WITH

5 ASEAN.—Not later than 90 days after the date of the 

6 enactment of this Act, the President shall submit to the 

7 Committee on Foreign Relations of the Senate and the 

8 Committee on Foreign Affairs of the House of Representa9 tives a strategy for how the United States will enhance 

10 coordination with ASEAN to increase capacity building 

11 and autonomy. 

12 (b) ELEMENTS.—The strategy required under sub13 section (a) shall— 

14 (1) designate a senior Senate-confirmed De15 partment of State official to lead United States16 ASEAN efforts to enhance technical assistance and 

17 capacity building; 

18 (2) identify key issues and barriers to increased 

19 capacity building between the United States and 

20 ASEAN; 

21 (3) identify policy points of convergence and di22 vergence between the United States and ASEAN in 

23 the areas of global governance, technology, and trade 

24 and economic practices; 


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1 (4) describe the coordination mechanisms 

2 among key regional and functional bureaus within 

3 the Department of State, the Department of De4 fense, the Department of the Treasury, and the Of5 fice of the United States Trade Representative 

6 tasked with engaging with ASEAN; 

7 (5) detail the diplomatic efforts to counter Chi8 nese projection of an authoritarian governing model 

9 in Southeast Asia; 

10 (6) detail the diplomatic efforts to date sup11 porting ASEAN efforts to identify cost-effective al12 ternatives to Huawei’s 5G technology; 

13 (7) detail plans on how United States public di14 plomacy tools, including the Department of State’s 

15 Global Engagement Center, will coordinate efforts 

16 with counterpart entities within ASEAN to counter 

17 authoritarian propaganda; and 

18 (8) describe the current staffing and budget re19 sources the Department of State dedicates to United 

20 States-ASEAN engagement and provide an assess21 ment of out-year resource needs to execute the strat22 egy. 

23 (c) FORM.—The strategy required under subsection 

24 (a) shall be submitted in unclassified form that can be 


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1 made available to the public, but may include a classified 

2 annex as necessary. 

3 (d) CONSULTATION.—Not later than 90 days after 

4 the date of the enactment of this Act, and not less than 

5 every 180 days thereafter, the Secretary of State shall 

6 consult with the Committee on Foreign Relations and the 

7 Committee on Appropriations of the Senate and the Com8 mittee of Foreign Affairs and the Committee on Appro9 priations of the House of Representatives regarding the 

10 development and implementation of the strategy. 

11 (e) REPORT.—Not later than 180 days after the date 

12 of the enactment of this Act, the Secretary of State, in 

13 consultation with the Administrator of the United States 

14 Agency for International Development, the Director of 

15 National Intelligence, and other relevant heads of Federal 

16 agencies, shall submit a report to the appropriate congres17 sional committees on the political, economic, development, 

18 health, and national security implications of changing 

19 water-flows along the Mekong River and the Tibetan Pla20 teau watershed, including— 

21 (1) a description of the effects of upriver dam22 ming of the Mekong River and the increased security 

23 and military presence of the People’s Republic of 

24 China on the Lower Mekong, on the political and 


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1 economic stability of the Lower Mekong region and 

2 on the countries of the Lower Mekong region; and 

3 (2) an assessment of— 

4 (A) any impact of such efforts on United 

5 States political, diplomatic, economic, cultural, 

6 human rights, and security interests; and 

7 (B) steps being taken by the United States 

8 to address these issues. 

9 SEC. 263. ENHANCING UNITED STATES–ASEAN COOPERA10 TION ON ECONOMIC RELATIONS WITH THE 

11 PEOPLE’S REPUBLIC OF CHINA. 

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that the United States and ASEAN— 

14 (1) should leverage their respective economic in15 novation capabilities to support the global economic 

16 recovery from the COVID–19 recession and draw a 

17 contrast with the People’s Republic of China’s cen18 tralized economy; 

19 (2) shall accelerate efforts to de-escalate trade 

20 disputes and strengthen economic and trade ties; 

21 and 

22 (3) shall cooperate on a strategy to respond to 

23 China’s Belt and Road Initiative and to leverage ex24 isting and future projects that have entered into 

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1 ther promote transparency, debt sustainability, and 

2 the public good. 

3 (b) WORKING GROUP.—The Secretary of State shall 

4 establish a United States-ASEAN economic working 

5 group focused on the People’s Republic of China. The 

6 working group shall— 

7 (1) evaluate United States and ASEAN over8 reliance on Chinese goods, including in the medical 

9 and pharmaceutical sectors, and develop joint strate10 gies to diversify supply chains; and 

11 (2) seek to leverage the United States and 

12 ASEAN private sector in the COVID–19 economic 

13 recovery. 

14 (c) RESPONSE TO CHINA’S BELT AND ROAD INITIA15 TIVE.— 

16 (1) WORKING GROUP.—The President shall es17 tablish a formal Department of State-ASEAN work18 ing group to develop a comprehensive strategy to re19 spond to China’s Belt and Road Initiative. 

20 (2) STANDARDS.—The United States and 

21 ASEAN shall develop a set of transparency, environ22 mental, and social standards for all infrastructure 

23 projects that are executed by foreign firms on 

24 United States or ASEAN soil. 

25 (3) FUNDING.— 


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1 (A) LEVERAGING OF PRIVATE SECTOR

2 FUNDS.—The United States shall work with 

3 ASEAN to leverage financing from the private 

4 sector. 

5 (B) USE OF FUNDS.—The President, in 

6 cooperation with ASEAN, shall identify at least 

7 5 infrastructure projects to co-finance in order 

8 to promote transparency, debt sustainability, 

9 and the public good. 

10 SEC. 264. ENHANCING UNITED STATES–ASEAN COOPERA11 TION ON DEMOCRACY AND HUMAN RIGHTS 

12 WITH RESPECT TO THE PEOPLE’S REPUBLIC 

13 OF CHINA. 

14 (a) SENSE OF CONGRESS.—It is the sense of Con15 gress that the United States and ASEAN should be united 

16 against attempts by the Government of China at the 

17 United Nations and other multilateral organizations to 

18 promote efforts that erode the Universal Declaration of 

19 Human Rights, such as the ‘‘community of a shared fu20 ture for mankind’’ and ‘‘the democratization of inter21 national relations’’. 

22 (b) WORKING GROUP.—The Secretary of State shall 

23 establish a United States-ASEAN democracy and human 

24 rights working group on the People’s Republic of China. 

25 The working group shall, among other tasks, coordinate 


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1 on asset freezes, travel bans, and other sanctions targeting 

2 officials of the Government of China engaged in gross vio3 lations of human rights. 

4 (c) CIVIL SOCIETY ENGAGEMENT.—The National 

5 Endowment for Democracy shall establish a working 

6 group focused on addressing efforts by the Government 

7 of China to promote alternative forms of government in 

8 Southeast Asia. 

9 SEC. 265. SENSE OF CONGRESS ON ENHANCING UNITED 

10 STATES–ASEAN COOPERATION ON TECH11 NOLOGY ISSUES WITH RESPECT TO THE PEO12 PLE’S REPUBLIC OF CHINA. 

13 It is the sense of Congress that— 

14 (1) the United States and ASEAN should com15 plete a joint analysis on risks of overreliance on Chi16 nese communication equipment; 

17 (2) the United States and ASEAN should share 

18 intelligence and screen Chinese investments in stra19 tegic technology and critical infrastructure; 

20 (3) the United States and ASEAN should co21 ordinate on Chinese exports of surveillance tech22 nologies and work together on appropriate import 

23 restriction regimes; 


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1 (4) the United States should urge ASEAN to 

2 adopt its March 2019 proposed sanctions regime 

3 targeting cyber attacks; 

4 (5) the United States should urge ASEAN to 

5 commit to the September 2019 principles signed by 

6 27 countries regarding ‘‘Advancing Responsible 

7 State Behavior in Cyberspace,’’ a set of commit8 ments that support the ‘‘rules-based international 

9 order, affirms the applicability of international law 

10 to state-on-state behavior, adherence to voluntary 

11 norms of responsible state behavior in peacetime, 

12 and the development and implementation of practical 

13 confidence building measures to help reduce the risk 

14 of conflict stemming from cyber incidents’’; and 

15 (6) the United States and ASEAN should ex16 plore how Chinese investments in critical technology, 

17 including artificial intelligence, will impact Indo-Pa18 cific security over the coming decades. 

19 PART V—AFRICA 

20 SEC. 271. ASSESSMENT OF POLITICAL, ECONOMIC, AND SE21 CURITY ACTIVITY OF THE PEOPLE’S REPUB22 LIC OF CHINA IN AFRICA. 

23 (a) DEFINITION.—In this section, the term ‘‘appro24 priate committees of Congress’’ means— 


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1 (1) the Committee on Foreign Relations, the 

2 Committee on Armed Services, and the Select Com3 mittee on Intelligence of the Senate; and 

4 (2) the Committee on Foreign Affairs, the 

5 Committee on Armed Services, and the Permanent 

6 Select Committee on Intelligence of the House of 

7 Representatives. 

8 (b) INTELLIGENCE ASSESSMENT.—Not later than 

9 180 days after the date of the enactment of this Act, the 

10 Secretary of State shall, in coordination with the Director 

11 of National Intelligence, submit to the appropriate com12 mittees of Congress a report that assesses the nature and 

13 impact of Chinese political, economic, and security sector 

14 activity in Africa, and its impact on United States stra15 tegic interests, including— 

16 (1) the amount and impact of direct invest17 ment, loans, development financing, oil-for-loans 

18 deals, and other preferential trading arrangements; 

19 (2) the involvement of Chinese state-owned en20 terprises in Africa; and 

21 (3) the amount of African debt held by the Peo22 ple’s Republic of China. 


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1 SEC. 272. INCREASING THE COMPETITIVENESS OF THE 

2 UNITED STATES IN AFRICA. 

3 (a) DEFINITION.—In this section, the term ‘‘appro4 priate committees of Congress’’ means— 

5 (1) the Committee on Foreign Relations, the 

6 Committee on Appropriations, and the Committee on 

7 Finance of the Senate; and 

8 (2) the Committee on Foreign Affairs, the 

9 Committee on Appropriations, and the Committee on 

10 Ways and Means of the House of Representatives. 

11 (b) STRATEGY REQUIREMENT.—Not later than 180 

12 days after the date of the enactment of this Act, the Sec13 retary of State shall, in consultation with the Secretary 

14 of the Treasury, the Secretary of Commerce, the Attorney 

15 General, the United States Trade Representative, the Ad16 ministrator of the United States Agency for International 

17 Development, and the leadership of the United States 

18 International Development Finance Corporation, submit 

19 to the appropriate committees of Congress a report setting 

20 forth a multi-year strategy for increasing United States 

21 economic competitiveness and promoting improvements in 

22 the investment climate in Africa including through sup23 port for the rule of law and for improved transparency, 

24 anti-corruption and governance. 

25 (c) ELEMENTS.—The strategy submitted pursuant to 

26 subsection (a) shall include— 


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1 (1) a description and assessment of barriers to 

2 United States investment in Africa for United States 

3 businesses, including a clear identification of the dif4 ferent barriers facing small-sized and medium-sized 

5 businesses, and an assessment of whether existing 

6 programs effectively address such barriers; 

7 (2) a description and assessment of barriers to 

8 African diaspora investment in Africa, and rec9 ommendations to overcome such barriers; and 

10 (3) an identification of the economic sectors in 

11 the United States that have a comparative advan12 tage in Africa markets. 

13 (d) ASSESSMENT OF UNITED STATES GOVERNMENT

14 HUMAN RESOURCES CAPACITY.—The Comptroller Gen15 eral of the United States shall— 

16 (1) conduct a review of the number of Foreign 

17 Commercial Service Officers and Department of 

18 State Economic Officers at United States embassies 

19 in sub-Saharan Africa; and 

20 (2) develop an assessment of whether human 

21 resource capacity in such embassies is adequate to 

22 meet the goals of the various trade and economic 

23 programs and initiatives in Africa, including the Af24 rican Growth and Opportunity Act and Prosper Af25 rica. 


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1 SEC. 273. DIGITAL SECURITY COOPERATION WITH RESPECT 

2 TO AFRICA. 

3 (a) DEFINITION.—In this section, the term ‘‘appro4 priate committees of Congress’’ means— 

5 (1) the Committee on Foreign Relations, the 

6 Committee on Armed Services, and the Select Com7 mittee on Intelligence of the Senate; and 

8 (2) the Committee on Foreign Affairs, the 

9 Committee on Armed Services, and the Permanent 

10 Select Committee on Intelligence of the House of 

11 Representatives. 

12 (b) INTERAGENCY WORKING GROUP TO COUNTER

13 CHINESE CYBER AGGRESSION IN AFRICA.— 

14 (1) IN GENERAL.—The President shall establish 

15 an interagency Working Group, which shall include 

16 representatives of the Department of State, the De17 partment of Defense, the Office of the Director of 

18 National Intelligence, and such other agencies of the 

19 United States Government as the President con20 siders appropriate, on means to counter Chinese 

21 cyber aggression with respect to Africa. 

22 (2) DUTIES.—The Working Group established 

23 pursuant to this subsection shall develop a set of 

24 recommendations for— 

25 (A) bolstering the capacity of governments 

26 in Africa to ensure the integrity of their data 


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1 networks and critical infrastructure where ap2 plicable; 

3 (B) providing alternatives to Huawei; 

4 (C) an action plan for United States em5 bassies in Africa to offer to provide assistance 

6 to host-country governments with protecting 

7 their vital digital networks and infrastructure 

8 from Chinese espionage; and 

9 (D) helping civil society in Africa counter 

10 digital authoritarianism. 

11 (3) REPORT.—Not later than 180 days after 

12 the date of the enactment of this Act, the Working 

13 Group shall submit to the appropriate committees of 

14 Congress a report setting forth the recommendations 

15 developed pursuant to this subsection. The report 

16 shall be submitted in unclassified form, but may in17 clude a classified annex. 

18 SEC. 274. INCREASING PERSONNEL IN UNITED STATES EM19 BASSIES IN SUB-SAHARAN AFRICA FOCUSED 

20 ON THE PEOPLE’S REPUBLIC OF CHINA. 

21 The Assistant Secretary of State for African Affairs 

22 may station on a permanent basis a China Desk Officer 

23 at such United States embassies in sub-Saharan Africa 

24 as the Assistant Secretary considers appropriate. 


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1 SEC. 275. SUPPORT FOR CIVIL SOCIETY IN AFRICA. 

2 (a) YOUNG AFRICAN LEADERS INITIATIVE.— 

3 (1) FINDING.—Congress finds that youth in Af4 rica can have a positive impact on efforts to foster 

5 economic growth, improve public sector transparency 

6 and governance, and counter extremism, and should 

7 be an area of focus for United States outreach on 

8 the continent. 

9 (2) POLICY.—It is the policy of the United 

10 States, in cooperation and collaboration with private 

11 sector companies, civic organizations, nongovern12 mental organizations, and national and regional pub13 lic sector entities, to commit resources to enhancing 

14 the entrepreneurship and leadership skills of African 

15 youth with the objective of enhancing their ability to 

16 serve as leaders in the public and private sectors in 

17 order to help them spur growth and prosperity, 

18 strengthen democratic governance, and enhance 

19 peace and security in their respective countries of or20 igin and across Africa. 

21 (3) YOUNG AFRICAN LEADERS INITIATIVE.— 

22 (A) IN GENERAL.—There is hereby estab23 lished the Young African Leaders Initiative, to 

24 be carried out by the Secretary of State. 

25 (B) FELLOWSHIPS.—There are authorized 

26 to be appropriated such sums as necessary to 


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1 support the participation in the Initiative estab2 lished under this paragraph, in the United 

3 States, of not fewer than 700 fellows from Afri4 ca each year for such education and training in 

5 leadership and professional development 

6 through the Department of State as the Sec7 retary of State considers appropriate. The Sec8 retary shall establish and publish criteria for 

9 eligibility for participation as such a fellow, and 

10 for selection of fellows among eligible applicants 

11 for a fellowship. 

12 (C) RECIPROCAL EXCHANGES.—Under the 

13 Initiative, United States citizens may engage in 

14 such reciprocal exchanges in connection with 

15 and collaboration on projects with fellows under 

16 subparagraph (A) as the Secretary considers 

17 appropriate. 

18 (b) REGIONAL CENTERS AND NETWORKS.—The Ad19 ministrator of the United States Agency for International 

20 Development shall establish each of the following: 

21 (1) Not fewer than four regional centers in Af22 rica to provide in-person and online training 

23 throughout the year in business and entrepreneur24 ship, civic leadership, and public management. 


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1 (2) An online network that provides information 

2 and online courses on, and connections with leaders 

3 in, the private and public sectors in Africa. 

4 (c) AFRICA BROADCASTING NETWORKS.—Not later 

5 than 180 days after the date of the enactment of this Act, 

6 the CEO of the United States Agency for Global Media 

7 shall submit to the Committee on Foreign Relations of the 

8 Senate and the Committee on Foreign Affairs of the 

9 House of Representatives a report on the resources and 

10 timeline needed to establish within the Agency an organi11 zation whose mission shall be to promote democratic val12 ues and institutions in Africa by providing objective, accu13 rate, and relevant news and information to the people of 

14 Africa, especially in countries where a free press is banned 

15 by the government or not fully established, about the re16 gion, the world, and the United States through uncensored 

17 news, responsible discussion, and open debate. 

18 PART VI—MIDDLE EAST AND NORTH AFRICA 

19 SEC. 277. STRATEGY TO COUNTER CHINESE INFLUENCE IN, 

20 AND ACCESS TO, THE MIDDLE EAST AND 

21 NORTH AFRICA. 

22 (a) SENSE OF CONGRESS.—It is the sense of Con23 gress that— 

24 (1) the economic influence of the People’s Re25 public of China through its oil and gas imports from 


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1 the Middle East provides influence and leverage that 

2 runs counter to United States interests in the re3 gion; and 

4 (2) the export of certain communications infra5 structure from the People’s Republic of China fur6 thers the efforts of the Government of China to pro7 mote its digital authoritarianism through surveil8 lance tools and policies. 

9 (b) STRATEGY REQUIRED.— 

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

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

12 of State, in consultation with the Administrator of 

13 the United States Agency for International Develop14 ment, and the heads of other appropriate Federal 

15 agencies, shall jointly develop and submit a strategy 

16 to the Committee on Foreign Relations of the Sen17 ate and the Committee on Foreign Affairs of the 

18 House of Representatives for countering and lim19 iting Chinese influence in, and access to, the Middle 

20 East and North Africa. 

21 (2) ELEMENTS.—The strategy required under 

22 paragraph (1) shall include— 

23 (A) efforts to improve regional cooperation 

24 with United States allies and partners to proVerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00428 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629

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1 mote maritime security in the Arabian Gulf, the 

2 Red Sea, and the Eastern Mediterranean; 

3 (B) increased support for government-to4 government engagement on critical infrastruc5 ture development projects including ports and 

6 water infrastructure; 

7 (C) efforts to encourage United States pri8 vate sector and public-private partnerships in 

9 healthcare technology; 

10 (D) specific steps to counter increased Chi11 nese investment in telecommunications infra12 structure and diplomatic efforts to stress the 

13 political, economic, and social benefits of a free 

14 and open internet; 

15 (E) efforts to promote United States pri16 vate sector engagement in and public-private 

17 partnerships on renewable energy development; 

18 and 

19 (F) the expansion of public-private part20 nership efforts on water, desalination, and irri21 gation projects. 


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1 SEC. 278. REPORT ON CHINESE ENERGY, INFRASTRUC2 TURE, AND ECONOMIC DEVELOPMENT IN 

3 THE MIDDLE EAST AND NORTH AFRICA. 

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

5 date of the enactment of this Act, and annually thereafter, 

6 the Secretary of State, in consultation with the Secretary 

7 of the Treasury, the Secretary of Defense, and the Sec8 retary of Energy, shall submit a report regarding Chinese 

9 energy, infrastructure, and economic development efforts 

10 across the Middle East and North Africa to— 

11 (1) the Committee on Foreign Relations of the 

12 Senate; 

13 (2) the Committee on Finance of the Senate; 

14 (3) the Committee on Energy and Natural Re15 sources of the Senate; 

16 (4) the Committee on Appropriations of the 

17 Senate; 

18 (5) the Committee on Foreign Affairs of the 

19 House of Representatives; 

20 (6) the Committee on Ways and Means of the 

21 House of Representatives; 

22 (7) the Committee on Energy and Commerce of 

23 the House of Representatives; and 

24 (8) the Committee on Appropriations of the 

25 House of Representatives. 


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1 (b) ADDITIONAL ELEMENTS.—The report required 

2 under subsection (a) shall include information regarding— 

3 (1) Chinese imports of crude oil, refined petro4 leum products, and natural gas; 

5 (2) Chinese investment into critical infrastruc6 ture projects, including— 

7 (A) infrastructure projects that would in8 crease Chinese maritime access to the Arabian 

9 Gulf, the Red Sea, or the Eastern Mediterra10 nean or would increase rail or road links be11 tween the People’s Republic of China and the 

12 Middle East and North Africa, including— 

13 (i) an investment of more than 

14 $5,000,000 in critical infrastructure, espe15 cially port facilities and utilities; and 

16 (ii) joint ventures outside the Middle 

17 East and North Africa between Chinese 

18 companies and companies based in the 

19 Middle East or North Africa; 

20 (B) infrastructure projects that would ben21 efit Iran’s ability to export crude oil, gas, or re22 fined petrochemicals; 

23 (C) infrastructure projects that would sig24 nificantly affect United States military basing, 

25 diplomatic facilities, or military and diplomatic 


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1 visits to existing facilities or ports, including an 

2 assessment of the security risks posed by such 

3 projects to United States military and diplo4 matic personnel and facilities; and 

5 (D) Chinese investment in alternative and 

6 renewable energy projects; 

7 (3) joint nuclear technology and energy 

8 projects; 

9 (4) Chinese investment in telecommunications 

10 projects, including— 

11 (A) the use of Chinese equipment valued at 

12 more than $2,000,000 in communications infra13 structure; and 

14 (B) equipment that furthers the ability of 

15 governments to exercise surveillance and control 

16 over their citizens; 

17 (5) Chinese investment in water and irrigation 

18 projects; 

19 (6) Chinese efforts to evade Iran sanctions; and 

20 (7) an assessment of which Belt and Road Ini21 tiative projects could negatively impact United 

22 States economic or security interests in the region. 

23 SEC. 279. MIDDLE EAST PARTNERSHIP INITIATIVE. 

24 (a) FINDINGS.—Congress makes the following find25 ings: 


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1 (1) The United States and the international 

2 community have long-term interests in the stability, 

3 security, and prosperity of the people of the Middle 

4 East and North Africa. 

5 (2) Transparent governance structures and ac6 tive civil society engagement help counter predatory 

7 foreign investment efforts. 

8 (b) STATEMENT OF POLICY.—It is the policy of the 

9 United States that the United States and the international 

10 community should, through a Middle East Partnership 

11 Initiative, support modernization and reform efforts 

12 that— 

13 (1) advance education; 

14 (2) promote economic opportunity; 

15 (3) foster private sector development; 

16 (4) strengthen civil society; 

17 (5) promote transparent and democratic gov18 ernance and the rule of law; and 

19 (6) increase access for women to fully partici20 pate politically and economically in society. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated $40,000,000 for fiscal year 

23 2021 for the purpose of fostering partnerships among citi24 zens, civil society, the private sector, and government in25 stitutions in the Middle East and North Africa to generate 


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1 shared solutions that promote stability, transparency, 

2 good governance, and economic development, including a 

3 scholarship program. 

4 PART VII—ARCTIC REGION 

5 SEC. 281. ARCTIC REGION DEFINED. 

6 In this part, the term ‘‘Arctic Region’’ means the geo7 graphic region north of the 66.56083 parallel latitude 

8 north of the equator. 

9 SEC. 282. SENSE OF CONGRESS ON ARCTIC SECURITY. 

10 It is the sense of Congress that— 

11 (1) the rapidly changing Arctic environment— 

12 (A) creates new national and regional secu13 rity challenges due to increased activity in the 

14 Arctic Region; 

15 (B) heightens the risks of potential con16 flicts spilling over into the Arctic Region from 

17 interventions and theaters of tension in other 

18 regions of the world; 

19 (C) threatens maritime safety due to inad20 equate capacity to patrol increasing vessel traf21 fic across broader expanses of open Arctic 

22 water resulting from diminishing annual levels 

23 of sea ice; 

24 (D) impacts public safety due to increased 

25 human activity in the Arctic Region where 


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1 search and rescue capacity remains very lim2 ited; and 

3 (E) threatens the health of the Arctic Re4 gion’s fragile and historically pristine environ5 ment and the unique and highly sensitive spe6 cies found in the Arctic Region’s marine and 

7 terrestrial ecosystems; 

8 (2) increased maritime traffic and other eco9 nomic activity from adversarial nations, such as the 

10 People’s Republic of China and the Russian Federa11 tion, threaten United States interests and the free 

12 movement of vessels in the Arctic Region; 

13 (3) increased military presence in the Arctic 

14 Region from countries such as the Russian Federa15 tion and the People’s Republic of China pose serious 

16 security threats to the United States; 

17 (4) diminished sea ice, resulting from the ef18 fects of climate change, is— 

19 (A) opening up new maritime routes; 

20 (B) increasing maritime traffic; 

21 (C) extending the times of year in which 

22 ships can transit the Arctic Region; and 

23 (D) creating greater risks to the Arctic en24 vironment, maritime safety, and naval defense 

25 patrols; 


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1 (5) the United States should reduce the con2 sequences outlined in preceding paragraphs by— 

3 (A) carefully evaluating the wide variety 

4 and extremely dynamic set of security and safe5 ty risks unfolding in the Arctic Region; 

6 (B) developing policies and making prep7 arations for mitigating and responding to 

8 threats and risks in the Arctic Region; 

9 (C) adequately funding the National Earth 

10 System Prediction Capability Project to sub11 stantively improve weather, ocean, and ice pre12 dictions on time scales necessary for ensuring 

13 regional security and trans-Arctic shipping; 

14 (D) investing in resources, including a sig15 nificantly expanded icebreaker fleet, to ensure 

16 that the United States has adequate capacity to 

17 prevent and respond to security threats in the 

18 Arctic Region; and 

19 (E) pursuing diplomatic engagements with 

20 all nations in the Arctic Region to reach an 

21 agreement for— 

22 (i) maintaining peace and stability in 

23 the Arctic Region; and 


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1 (ii) fostering cooperation on steward2 ship and safety initiatives in the Arctic Re3 gion. 

4 SEC. 283. ARCTIC SECURITY STRATEGY. 

5 (a) PURPOSE.—The purpose of this section is to de6 velop a strategy for protecting and advancing national se7 curity, economic, transportation, and environmental pro8 tection interests in the Arctic Region. 

9 (b) AMENDMENT.—Section 1 of the State Depart10 ment Basic Authorities Act of 1956 (22 U.S.C. 2651a) 

11 is amended— 

12 (1) by redesignating subsection (g) as sub13 section (h); and 

14 (2) by inserting after subsection (f) the fol15 lowing: 

16 ‘‘(g) SPECIAL REPRESENTATIVE FOR THE ARCTIC.— 

17 ‘‘(1) DEFINITIONS.—In this subsection: 

18 ‘‘(A) ARCTIC NATIONS.—The term ‘Arctic 

19 Nations’ means the 8 nations (Russia, Canada, 

20 the United States, Norway, Denmark (including 

21 Greenland), Finland, Sweden, and Iceland) with 

22 territory or exclusive economic zones that ex23 tend north of the 66.56083 parallel latitude 

24 north of the equator. 


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1 ‘‘(B) ARCTIC REGION.—The term ‘Arctic 

2 Region’ means the geographic region north of 

3 the 66.56083 parallel latitude north of the 

4 equator. 

5 ‘‘(2) APPOINTMENT.—Not later than 120 days 

6 after the date of the enactment of the America 

7 LEADS Act, the President, in consultation with the 

8 Secretary of State, shall appoint, by and with the 

9 advice and consent of the Senate, a Special Rep10 resentative for the Arctic (referred to in this sub11 section as the ‘Arctic Envoy’), who— 

12 ‘‘(A) shall serve within the Office of the 

13 Secretary of State; and 

14 ‘‘(B) shall have the rank and status of 

15 Ambassador at Large. 

16 ‘‘(3) DUTIES.—The Arctic Envoy shall— 

17 ‘‘(A) develop and facilitate the implementa18 tion of an Arctic Region Security Policy in ac19 cordance with paragraph (4); 

20 ‘‘(B) coordinate the integration of sci21 entific data on the effects (both current and 

22 projected), of climate change on the Arctic Re23 gion and ensure that such data is applied to the 

24 development of security strategies for the Arctic 

25 Region; 


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1 ‘‘(C) make available the methods and ap2 proaches on the integration of climate science 

3 to other regional security planning programs in 

4 the Department of State to better ensure that 

5 broader decision-making processes may more 

6 adequately account for the effects of climate 

7 change; 

8 ‘‘(D) serve as a key point of contact for 

9 other Federal agencies, including the Depart10 ment of Defense, the Department of Homeland 

11 Security, and the Intelligence Community, on 

12 Arctic Region security issues; 

13 ‘‘(E) use the voice, vote, and influence of 

14 the United States to encourage other countries 

15 and international multilateral organizations to 

16 support the principles of the Arctic Region Se17 curity Policy implemented pursuant to para18 graph (4); and 

19 ‘‘(F) perform such other duties and exer20 cise such powers as the Secretary of State shall 

21 prescribe. 

22 ‘‘(4) ARCTIC REGION SECURITY POLICY.—The 

23 Arctic Region Security Policy shall include require24 ments for the Bureau of Conflict and Stabilization 

25 Operations, the Bureau of Political-Military Affairs, 


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1 embassies, regional bureaus, and other offices with 

2 a role in conflict avoidance, prevention and security 

3 assistance, or humanitarian disaster response, pre4 vention, and assistance to assess, develop, budget 

5 for, and (upon approval) implement plans, policies, 

6 and actions— 

7 ‘‘(A) to enhance the resilience capacities of 

8 Arctic Nations to the effects of climate change 

9 and increased civilian and military activity from 

10 Arctic Nations and other nations that may re11 sult from increased accessibility of the Arctic 

12 Region due to decreased sea ice, warmer ambi13 ent air temperatures and other effects of cli14 mate change, as a means of reducing the risk 

15 of conflict and instability; 

16 ‘‘(B) to assess specific added risks to the 

17 Arctic Region and Arctic Nations that— 

18 ‘‘(i) are vulnerable to the effects of 

19 climate change; and 

20 ‘‘(ii) are strategically significant to 

21 the United States; 

22 ‘‘(C) to account for the impacts on human 

23 health, safety, stresses, reliability, food produc24 tion, fresh water and other critical natural re25 sources, and economic activity; 


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1 ‘‘(D) to coordinate the integration of cli2 mate change risk and vulnerability assessments 

3 into the decision-making process on foreign as4 sistance awards to Arctic Nations; 

5 ‘‘(E) to advance principles of good govern6 ance by encouraging and cooperating with Arc7 tic Nations on collaborative approaches— 

8 ‘‘(i) to sustainably manage natural re9 sources in the Arctic Region; 

10 ‘‘(ii) to share the burden of ensuring 

11 maritime safety in the Arctic Region; 

12 ‘‘(iii) to prevent the escalation of secu13 rity tensions by mitigating against the 

14 militarization of the Arctic Region; 

15 ‘‘(iv) to develop mutually agreed upon 

16 multilateral policies among Arctic Nations 

17 on the management of maritime transit 

18 routes through the Arctic Region and work 

19 cooperatively on the transit policies for ac20 cess to and transit in the Arctic Region by 

21 non-Arctic Nations; and 

22 ‘‘(v) to facilitate the development of 

23 Arctic Region Security Action Plans to en24 sure stability and public safety in disaster 


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1 situations in a humane and responsible 

2 fashion; and 

3 ‘‘(F) to evaluate the vulnerability, security, 

4 susceptibility, and resiliency of United States 

5 interests and nondefense assets in the Arctic 

6 Region. 

7 ‘‘(5) REPORT.—The Arctic Envoy shall regu8 larly report to the Secretary of State regarding the 

9 activities described in paragraphs (3) and (4) to in10 tegrate Arctic Region security concerns into agendas 

11 and program budget requests.’’. 

12 Subtitle D—Intelligence Matters 

13 SEC. 291. DEFINITIONS. 

14 In this subtitle: 

15 (1) CONGRESSIONAL INTELLIGENCE COMMIT16 TEES.—The term ‘‘congressional intelligence com17 mittees’’ has the meaning given such term in section 

18 3 of the National Security Act of 1947 (50 U.S.C. 

19 3003). 

20 (2) INTELLIGENCE COMMUNITY.—The term 

21 ‘‘intelligence community’’ has the meaning given 

22 such term in such section. 


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1 SEC. 292. INDEPENDENT REVIEW OF COUNTERINTEL2 LIGENCE APPARATUS AND STRUCTURE OF 

3 FEDERAL GOVERNMENT. 

4 (a) ESTABLISHMENT.—Not later than 30 days after 

5 the date of the enactment of this Act, the Director of Na6 tional Intelligence, in coordination with the Director of the 

7 National Counterintelligence and Security Center, the 

8 Under Secretary of Defense for Intelligence and Security, 

9 the Director of the Central Intelligence Agency, and the 

10 Director of the Federal Bureau of Investigation, shall 

11 jointly establish an independent panel to review the cur12 rent counterintelligence apparatus and structure in the in13 telligence community to enhance the counterintelligence 

14 posture, capabilities, and responsibilities of the Federal 

15 Government in response to contemporary threats. 

16 (b) COMPOSITION.—The panel established under sub17 section (a) shall be composed of 8 members as follows: 

18 (1) At least 1 shall be a former employee of the 

19 National Counterintelligence and Security Center 

20 who retired from Federal employment. 

21 (2) At least 1 shall be a former employee of the 

22 Central Intelligence Agency who retired from Fed23 eral employment. 

24 (3) At least 1 shall be a former employee of the 

25 Federal Bureau of Investigation who retired from 

26 Federal employment. 


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1 (4) At least 1 shall be a former employee of the 

2 Department of Defense counterintelligence appa3 ratus who retired from Federal employment. 

4 (5) At least 1 shall be a former employee of the 

5 Federal Government who has spent the predominant 

6 amount of his or her career outside of the intel7 ligence community. 

8 (6) At least 1 of whom shall be an expert on 

9 policy relating to the People’s Republic of China. 

10 (7) At least 1 of whom shall be an expert on 

11 policy relating to Russia. 

12 (8) At least 1 of whom shall be an academic 

13 who is well known in the academic and national se14 curity fields. 

15 (9) All of whom shall be recognized in the field 

16 of counterintelligence. 

17 (c) DUTIES.— 

18 (1) REVIEW.— 

19 (A) IN GENERAL.—The panel established 

20 under subsection (a) shall conduct a review as 

21 described in such subsection. 

22 (B) ELEMENTS.—The review conducted 

23 under subparagraph (A) shall include the fol24 lowing: 


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1 (i) Review of the structure and func2 tions of the counterintelligence apparatus, 

3 capabilities of the intelligence community 

4 and counterintelligence components of the 

5 Federal Government, and funding, 

6 resourcing, and regulations as they pertain 

7 to the following aspects of counterintel8 ligence: 

9 (I) Investigations, counterintel10 ligence, and espionage, including po11 tential legislative action to improve 

12 chapter 37 of title 18, United States 

13 Code, to address contemporary issues. 

14 (II) Operations. 

15 (III) Analysis. 

16 (IV) Cyber operations. 

17 (V) Policy. 

18 (VI) Strategy. 

19 (VII) Foreign influence and 

20 counter foreign influence. 

21 (ii) Analysis of the counterintelligence 

22 structure of the intelligence community 

23 and security elements of Federal depart24 ments and agencies that are not elements 

25 of the intelligence community. 


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1 (iii) Evaluation of the role of the Na2 tional Counterintelligence and Security 

3 Center in leading the counterintelligence 

4 apparatus and Federal counterintelligence 

5 capabilities and its relationship with the 

6 operational counterintelligence community, 

7 including the Federal Bureau of Investiga8 tion and the Department of Homeland Se9 curity. 

10 (iv) Review of potential advantages 

11 and risks associated with alternative con12 structs, governance models, restructuring, 

13 and reorganization for counterintelligence, 

14 including consideration of what an ideal 

15 national-level strategic counterintelligence 

16 program should look like. 

17 (v) Review of the resources required 

18 and feasibility of the constructs, govern19 ance models, restructuring, and reorga20 nization reviewed under clause (iv) that 

21 could improve United States counterintel22 ligence to work more strategically, includ23 ing such legislative or administrative action 

24 as may be necessary to do so, such as leg25 islative action regarding appropriations 


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1 and ability to provide funding to programs 

2 that organizationally sit outside of the in3 telligence programs funded as part of the 

4 National Intelligence Program and may re5 sult in unfunded mandates. 

6 (2) REPORT.— 

7 (A) IN GENERAL.—Not later than 360 

8 days after the date of the enactment of this 

9 Act, the panel shall submit to the congressional 

10 intelligence committees a report on the findings 

11 of the panel with respect to the review con12 ducted under paragraph (1). 

13 (B) FORM.—The report submitted under 

14 subparagraph (A) shall be submitted in unclas15 sified form, but may include a classified annex. 

16 SEC. 293. REVIEW ORGANIZATIONAL CULTURE OF INTEL17 LIGENCE COMMUNITY WITH RESPECT TO DI18 VERSITY, INCLUSION, AND EQUITY PRAC19 TICES. 

20 (a) IN GENERAL.—The Comptroller General of the 

21 United States shall carry out an independent audit of ele22 ments of the intelligence community with respect to diver23 sity, inclusion, and equity practices in employment and 

24 community interactions. 


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1 (b) ELEMENTS.—The audit carried out under sub2 section (a) shall, at a minimum, cover the following: 

3 (1) The hiring, retention, and promotion of 

4 women and minorities, particularly Asian Americans, 

5 including analysis of both data and business prac6 tices and the processes used. 

7 (2) Measures to address issues tagged in an8 nual work climate surveys. 

9 (3) Top management support of diversity offi10 cers and initiatives, as well as of women and minor11 ity employee affinity groups. 

12 (4) The engagement of community advisory 

13 groups to enhance communications and to rebuild 

14 trust and cooperation with minority and immigrant 

15 communities. 

16 TITLE III—INVESTING IN OUR 

17 VALUES 

18 SEC. 301. APPROPRIATE CONGRESSIONAL COMMITTEES 

19 DEFINED. 

20 In this title, the term ‘‘appropriate congressional 

21 committees’’ means— 

22 (1) the Committee on Foreign Relations, the 

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1 mittee on Intelligence, and the Committee on Appro2 priations of the Senate; and 

3 (2) the Committee on Foreign Affairs, the 

4 Committee on Financial Services, the Committee on 

5 Ways and Means, the Permanent Select Committee 

6 on Intelligence, and the Committee on Appropria7 tions of the House of Representatives. 

8 SEC. 302. TIBET POLICY AND SUPPORT. 

9 (a) MODIFICATIONS TO AND REAUTHORIZATION OF

10 THE TIBETAN POLICY ACT OF 2002.— 

11 (1) TIBET NEGOTIATIONS.—Section 613 of the 

12 Tibetan Policy Act of 2002 (subtitle B of title VI of 

13 division A of Public Law 107–228; 22 U.S.C. 6901 

14 note) is amended— 

15 (A) in subsection (a)— 

16 (i) in paragraph (1)— 

17 (I) by inserting ‘‘without pre18 conditions’’ after ‘‘a dialogue’’; 

19 (II) by inserting ‘‘or Central Ti20 betan Administration representatives’’ 

21 after ‘‘his representatives’’; and 

22 (III) by adding at the end before 

23 the period the following: ‘‘and should 

24 coordinate with other governments in 

25 multilateral efforts toward this goal’’; 


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1 (ii) by redesignating paragraph (2) as 

2 paragraph (3); and 

3 (iii) by inserting after paragraph (1) 

4 the following new paragraph: 

5 ‘‘(2) POLICY COMMUNICATION.—The President 

6 shall direct the Secretary of State to ensure that, in 

7 accordance with this Act, United States policy on 

8 Tibet, as coordinated by the United States Special 

9 Coordinator for Tibetan Issues, is communicated to 

10 all Federal departments and agencies in contact with 

11 the Government of China.’’; and 

12 (B) in subsection (b)— 

13 (i) in the matter preceding paragraph 

14 (1)— 

15 (I) by striking ‘‘until December 

16 31, 2021’’; and 

17 (II) by inserting ‘‘and direct the 

18 Department of State to make public 

19 on its website’’ after ‘‘appropriate 

20 congressional committees’’; 

21 (ii) in paragraph (1), by striking 

22 ‘‘and’’ at the end; 

23 (iii) in paragraph (2), by striking the 

24 period at the end and inserting a semi25 colon; and 


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1 (iv) by adding at the end the following 

2 new paragraphs: 

3 ‘‘(3) the steps taken by the United States Gov4 ernment to promote and protect the human rights 

5 and the distinct religious, cultural, linguistic, and 

6 national identity of the Tibetan people, including the 

7 right of the Tibetan people to choose their own reli8 gious leaders in accordance with their established re9 ligious practice and system; and 

10 ‘‘(4) an analysis of United States business ac11 tivities in Tibet, whether those activities employ Ti12 betans and how many, whether those activities are 

13 consistent with the protection of the environment 

14 and Tibetan cultural traditions, and whether those 

15 activities contribute to or support, through goods or 

16 services, the surveillance of the people of Tibet.’’. 

17 (2) ECONOMIC DEVELOPMENT IN TIBET.—Sec18 tion 616 of such Act (22 U.S.C. 6901 note) is 

19 amended— 

20 (A) in subsection (d)— 

21 (i) in paragraph (5), by inserting 

22 ‘‘human rights,’’ after ‘‘respect Tibetan’’; 

23 (ii) in paragraph (8), by striking 

24 ‘‘and’’ at the end; 


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1 (iii) in paragraph (9), by striking the 

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

3 and 

4 (iv) by adding at the end the following 

5 new paragraph: 

6 ‘‘(10) neither provide incentive for, nor facili7 tate the involuntary or coerced relocation of, Tibetan 

8 nomads from their traditional pasturelands into con9 centrated settlements.’’; and 

10 (B) by adding at the end the following new 

11 subsections: 

12 ‘‘(e) PRIVATE SECTOR INVESTMENT.—The Secretary 

13 of State, in coordination with the Secretary of Commerce, 

14 should— 

15 ‘‘(1) encourage United States businesses and 

16 individuals that are engaged in commerce or invest17 ing in enterprises in Tibet to abide by the principles 

18 specified in subsection (d) and the United Nations 

19 Guiding Principles on Business and Human Rights; 

20 and 

21 ‘‘(2) request that such businesses and individ22 uals provide to the Department of State periodic re23 ports on their adherence to such principles. 

24 ‘‘(f) UNITED STATES ASSISTANCE.—The President 

25 shall provide grants to nongovernmental organizations to 


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1 support sustainable economic development, cultural and 

2 historical preservation, health care, education, and envi3 ronmental sustainability projects for Tibetan communities 

4 in Tibet, in accordance with the principles specified in sub5 section (d) and subject to the review and approval of the 

6 United States Special Coordinator for Tibetan Issues 

7 under section 621(d) or, if the Coordinator has not been 

8 appointed, the Assistant Secretary of State for Democ9 racy, Human Rights, and Labor.’’. 

10 (3) DIPLOMATIC REPRESENTATION RELATING

11 TO TIBET.—Section 618 of such Act (22 U.S.C. 

12 6901 note) is amended to read as follows: 

13 ‘‘SEC. 618. DIPLOMATIC REPRESENTATION RELATING TO 

14 TIBET. 

15 ‘‘(a) UNITED STATES CONSULATE IN LHASA, 

16 TIBET.— 

17 ‘‘(1) IN GENERAL.—The Secretary should seek 

18 to establish a United States consulate in Lhasa, 

19 Tibet, to provide consular services to United States 

20 citizens traveling in Tibet and to monitor political, 

21 economic, and cultural developments in Tibet. 

22 ‘‘(2) CONSULAR DISTRICTS.—The Secretary 

23 should organize the United States Embassy’s con24 sular districts within the People’s Republic of China 

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1 betans are contained within the same consular dis2 trict. 

3 ‘‘(b) TIBET SECTION IN UNITED STATES EMBASSY

4 IN BEIJING, CHINA.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall estab6 lish a Tibet section within the United States Em7 bassy in Beijing, China, to follow political, economic, 

8 and social developments in Tibet until such time as 

9 a United States consulate in Lhasa, Tibet, is estab10 lished under subsection (a). 

11 ‘‘(2) DUTIES.—The Tibet section established 

12 under paragraph (1) shall have the primary respon13 sibility of reporting on human rights issues and ac14 cess to Tibet by United States Government officials, 

15 journalists, nongovernmental organizations, and the 

16 Tibetan diaspora, and shall work in close coopera17 tion with the United States Special Coordinator for 

18 Tibetan Issues. 

19 ‘‘(c) POLICY.—The Secretary shall not authorize the 

20 establishment in the United States of any additional con21 sulate of the People’s Republic of China until such time 

22 as a United States consulate in Lhasa, Tibet, is estab23 lished under subsection (a).’’. 

24 (4) RELIGIOUS PERSECUTION IN TIBET.—Sec25 tion 620(b) of such Act (22 U.S.C. 6901 note) is 


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1 amended by adding at the end before the period the 

2 following: ‘‘, including with respect to the reincarna3 tion system of Tibetan Buddhism’’. 

4 (5) UNITED STATES SPECIAL COORDINATOR

5 FOR TIBETAN ISSUES.—Section 621 of such Act (22 

6 U.S.C. 6901 note) is amended— 

7 (A) by amending subsection (c) to read as 

8 follows: 

9 ‘‘(c) OBJECTIVES.—The objectives of the Special Co10 ordinator are to— 

11 ‘‘(1) promote substantive dialogue without pre12 conditions between the Government of China and the 

13 Dalai Lama or his representatives or Central Ti14 betan Administration representatives leading to a 

15 negotiated agreement on Tibet; 

16 ‘‘(2) encourage the Government of China to ad17 dress the aspirations of the Tibetan people regarding 

18 their cultural, religious, linguistic, and national iden19 tity; 

20 ‘‘(3) promote the human rights and religious 

21 freedoms of the Tibetan people, including women’s 

22 human rights; 

23 ‘‘(4) promote activities to preserve the distinct 

24 environment and water resources of the Tibetan pla25 teau; 


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1 ‘‘(5) promote economic development as enumer2 ated in section 616(e); and 

3 ‘‘(6) promote access to Tibet in accordance with 

4 the Reciprocal Access to Tibet Act of 2018 (Public 

5 Law 115–330).’’; 

6 (B) in subsection (d)— 

7 (i) in paragraph (5), by striking 

8 ‘‘and’’ at the end; 

9 (ii) by redesignating paragraph (6) as 

10 paragraph (8); and 

11 (iii) by inserting after paragraph (5) 

12 the following new paragraphs: 

13 ‘‘(6) review and approve all projects carried out 

14 pursuant to section 616(f) of this Act and section 

15 7(b) of the Tibetan Policy and Support Act of 2019; 

16 ‘‘(7) seek to establish international diplomatic 

17 coalitions to— 

18 ‘‘(A) oppose any effort by the Government 

19 of China to identify or install Tibetan Buddhist 

20 religious leaders in a manner inconsistent with 

21 the established religious practice and system of 

22 Tibetan Buddhism; and 

23 ‘‘(B) ensure that the identification and in24 stallation of Tibetan Buddhist religious leaders, 

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1 mined solely within the Tibetan Buddhist faith 

2 community, in accordance with the universally 

3 recognized right to religious freedom; and’’; and 

4 (C) by adding at the end the following new 

5 subsection: 

6 ‘‘(e) PERSONNEL.—The Secretary shall assign not 

7 less than three individuals to the Office of the Special Co8 ordinator to assist in the management of the responsibil9 ities of this section.’’. 

10 (6) GEOGRAPHIC DEFINITION OF TIBET.—Such 

11 Act (22 U.S.C. 6901 note), as so amended, is fur12 ther amended by adding at the end the following 

13 new section: 

14 ‘‘SEC. 622. GEOGRAPHIC DEFINITION OF TIBET. 

15 ‘‘In this Act and in implementing policies relating to 

16 the Tibetan people under other provisions of law, the term 

17 ‘Tibet’, unless otherwise specified, means— 

18 ‘‘(1) the Tibet Autonomous Region; and 

19 ‘‘(2) the Tibetan areas of Qinghai, Sichuan, 

20 Gansu, and Yunnan provinces.’’. 

21 (b) STATEMENT OF POLICY REGARDING THE SUC22 CESSION OR REINCARNATION OF THE DALAI LAMA.— 

23 (1) FINDINGS.—Congress finds the following: 

24 (A) Tibetan Buddhism is practiced in 

25 many countries, including the People’s Republic 


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1 of China, Bhutan, Nepal, Mongolia, India, the 

2 Russian Federation, and the United States. 

3 (B) No single political entity encompasses 

4 the territory in which Tibetan Buddhism is 

5 practiced. 

6 (C) The Dalai Lama is widely revered by 

7 Tibetan Buddhists and those who practice Ti8 betan Buddhism around the world, including 

9 those in the United States, as their spiritual 

10 leader. 

11 (D) Under the Tibetan Buddhist belief sys12 tem, there have been 14 persons recognized as 

13 the Dalai Lama, each a manifestation of the 

14 Bodhisattva of Compassion, selected according 

15 to the spiritual traditions and practices of Ti16 betan Buddhism. 

17 (E) The 14th Dalai Lama, Tenzin Gyatso, 

18 issued a statement on September 24, 2011, ex19 plaining the traditions and spiritual precepts of 

20 the selection of Dalai Lamas, setting forth his 

21 views on the considerations and process for se22 lecting his successor, and providing a response 

23 to the claims of the Government of China that 

24 only that Government has the ultimate author25 ity in the selection process of the Dalai Lama. 


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1 (F) The 14th Dalai Lama said in his 

2 statement that if a decision to continue the in3 stitution of the Dalai Lama is made, that the 

4 responsibility shall primarily rest with the Dalai 

5 Lama’s Gaden Phodrang Trust, who will be in6 formed by the written instructions of the 14th 

7 Dalai Lama. 

8 (G) Since 2011, the 14th Dalai Lama has 

9 reiterated publicly on numerous occasions that 

10 decisions on the succession or reincarnation of 

11 the next Dalai Lama belong to the Tibetan 

12 Buddhist faith community alone. 

13 (H) The Government of China has inter14 fered in the process of recognizing a successor 

15 or reincarnation of Tibetan Buddhist leaders, 

16 including in 1995 by arbitrarily detaining 

17 Gedhun Choekyi Nyima, a 6-year-old boy who 

18 was identified as the 11th Panchen Lama, and 

19 purporting to install its own candidate as the 

20 Panchen Lama. 

21 (I) During his confirmation hearings to be 

22 Secretary of State, Michael Pompeo testified to 

23 the Committee on Foreign Relations of the Sen24 ate, ‘‘If confirmed, I will press the Chinese gov25 ernment to respect the legitimacy of Tibetan 


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1 Buddhists’ religious practices. This includes the 

2 decisions of Tibetan Buddhists in selecting, 

3 educating, and venerating the lamas who lead 

4 the faith, such as the Dalai Lama.’’. 

5 (J) The Department of State’s Report on 

6 International Religious Freedom for 2017 re7 ported on policies and efforts of the Govern8 ment of China to exert control over the selec9 tion of Tibetan Buddhist religious leaders, in10 cluding reincarnate lamas, and stated that 

11 ‘‘U.S. officials underscored that decisions on 

12 the reincarnation of the Dalai Lama should be 

13 made solely by faith leaders’’. 

14 (K) In July 2015, Under Secretary of 

15 State for Civilian Security, Democracy, and 

16 Human Rights, Sarah Sewall, serving concur17 rently as United States Special Coordinator for 

18 Tibetan Issues, testified to Congress that ‘‘the 

19 basic and universally recognized right of reli20 gious freedom demands that any decision on the 

21 next Dalai Lama be reserved to the current 

22 Dalai Lama, Tibetan Buddhist leaders, and the 

23 Tibetan people’’. 

24 (L) On June 8, 2015, the United States 

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1 proved House Resolution 337 (114th Congress) 

2 which calls on the United States Government to 

3 ‘‘underscore that government interference in the 

4 Tibetan reincarnation process is a violation of 

5 the internationally recognized right to religious 

6 freedom, and that matters related to reincarna7 tions in Tibetan Buddhism are of keen interest 

8 to Tibetan Buddhist populations worldwide’’. 

9 (M) On April 25, 2018, the United States 

10 Senate unanimously approved Senate Resolu11 tion 429 (115th Congress), which ‘‘expresses its 

12 sense that the identification and installation of 

13 Tibetan Buddhist religious leaders, including a 

14 future 15th Dalai Lama, is a matter that 

15 should be determined solely within the Tibetan 

16 Buddhist faith community, in accordance with 

17 the inalienable right to religious freedom’’. 

18 (2) STATEMENT OF POLICY.—It is the policy of 

19 the United States that— 

20 (A) decisions regarding the identification 

21 and installation of Tibetan Buddhist religious 

22 leaders, including a future 15th Dalai Lama, 

23 are exclusively spiritual matters that should be 

24 made by the appropriate religious authorities 

25 within the Tibetan Buddhist tradition and in 


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1 the context of the will of religious practitioners 

2 and the instructions of the 14th Dalai Lama; 

3 and 

4 (B) interference by the Government of 

5 China or any other government in the process 

6 of recognizing a successor or reincarnation of 

7 the Dalai Lama would represent a clear viola8 tion of the fundamental religious freedoms of 

9 Tibetan Buddhists and the Tibetan people. 

10 (3) AMENDMENTS TO FOREIGN RELATIONS AU11 THORIZATION ACT, FISCAL YEARS 1990 AND 1991.— 

12 Section 901(a) of the Foreign Relations Authoriza13 tion Act, Fiscal Years 1990 and 1991 (Public Law 

14 101–246; 104 Stat. 80) is amended— 

15 (A) by redesignating paragraphs (7), (8), 

16 and (9) as paragraphs (8), (9), and (10), re17 spectively; and 

18 (B) by inserting after paragraph (6) the 

19 following new paragraph: 

20 ‘‘(7) protecting the internationally recognized 

21 right to the freedom of religion and belief, including 

22 ensuring that the identification and installation of 

23 Tibetan Buddhist religious leaders, including a fu24 ture 15th Dalai Lama, is a matter determined solely 

25 within the Tibetan Buddhist faith community, based 


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1 on instructions of the 14th Dalai Lama, without in2 terference by the Government of China;’’. 

3 (4) HOLDING CHINESE OFFICIALS RESPON4 SIBLE FOR RELIGIOUS FREEDOM ABUSES TAR5 GETING TIBETAN BUDDHISTS.—It is the policy of 

6 the United States— 

7 (A) to consider any effort by the Govern8 ment of China to identify or install its own can9 didate as the future 15th Dalai Lama of Ti10 betan Buddhism to be— 

11 (i) a serious human rights abuse as 

12 such term is used in Executive Order No. 

13 13818 (relating to blocking the property of 

14 persons involved in serious human rights 

15 abuse or corruption); and 

16 (ii) a particularly severe violation of 

17 religious freedom for purposes of applying 

18 section 212(a)(2)(G) of the Immigration 

19 and Nationality Act (8 U.S.C. 

20 1182(a)(2)(G); and 

21 (B) to consider any official of the Govern22 ment of China determined to be complicit in 

23 identifying or installing a government-approved 

24 candidate as the future 15th Dalai Lama, con25 trary to the instructions provided by the 14th 


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1 Dalai Lama, and one not recognized by the 

2 faith community of Tibetan Buddhists globally, 

3 to be subject to sanctions described in Execu4 tive Order No. 13818 and to inadmissibility 

5 into the United States under section 

6 212(a)(2)(G) of the Immigration and Nation7 ality Act (8 U.S.C. 1182(a)(2)). 

8 (5) DEPARTMENT OF STATE PROGRAMMING TO

9 PROMOTE RELIGIOUS FREEDOM FOR TIBETAN BUD10 DHISTS.—Consistent with section 401 of the Frank 

11 R. Wolf International Religious Freedom Act (Public 

12 Law 114–281; 130 Stat. 1436), using funds avail13 able to the Department of State for international re14 ligious freedom programs, the Ambassador at Large 

15 for International Religious Freedom should provide 

16 funding to vigorously protect and promote inter17 national religious freedom in the People’s Republic 

18 of China and for programs to protect Tibetan Bud19 dhism in China and elsewhere. 

20 (c) REPORTING ON TIBET UNDER THE INTER21 NATIONAL RELIGIOUS FREEDOM ACT OF 1998.—Section 

22 102(b)(1) of the International Religious Freedom Act of 

23 1998 (22 U.S.C. 6412(b)(1)) is amended— 

24 (1) in subparagraph (B), by striking ‘‘, includ25 ing policies’’ and inserting ‘‘, including interference 


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1 in the right of religious communities to choose their 

2 leaders, policies’’; and 

3 (2) by adding at the end the following new sub4 paragraph: 

5 ‘‘(H) CHINA.—Because matters relating to 

6 religious freedom in China are complex in scope 

7 and intensity and often vary by ethnicity and 

8 geographic or administrative region, each chap9 ter on China in the Annual Report shall include 

10 separate sections on— 

11 ‘‘(i) Tibet; 

12 ‘‘(ii) the Xinjiang Uyghur Autono13 mous Region; 

14 ‘‘(iii) Hong Kong and Macau; 

15 ‘‘(iv) unrecognized or independent 

16 Catholic and Protestant ‘house churches’; 

17 and 

18 ‘‘(v) Falun Gong and faith-based or 

19 new religious movements.’’. 

20 (d) POLICY REGARDING THE ENVIRONMENT AND

21 WATER RESOURCES ON THE TIBETAN PLATEAU.— 

22 (1) FINDINGS.—Congress makes the following 

23 findings: 

24 (A) Glaciers in Tibet feed 10 of the major 

25 rivers of South and East Asia, which supply 


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1 fresh water to an estimated 1,800,000,000 peo2 ple. 

3 (B) Chinese scientists have reported that 

4 since 1960 the Tibetan Plateau’s annual aver5 age temperature has increased at twice the 

6 global average, causing melting of the glaciers, 

7 which will result in variable water flows in the 

8 future. 

9 (C) Tibet’s rivers support wetlands that 

10 play a key role in water storage, water quality, 

11 and the regulation of water flow, and support 

12 biodiversity, foster vegetation growth, and act 

13 as carbon sinks. 

14 (D) The grasslands of Tibet play a signifi15 cant role in carbon production and sequestra16 tion. 

17 (E) Changes in permafrost levels can af18 fect the water supply, cause desertification, and 

19 destabilize infrastructure on the Tibetan Pla20 teau and beyond. 

21 (F) The warming of the Tibetan Plateau 

22 may cause changes in the monsoon cycle in 

23 South and Southeast Asia, which could lead to 

24 droughts or floods that overwhelm infrastruc25 ture and damage crops. 


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1 (G) The resettlement of nomads from Ti2 betan grasslands undermines the application of 

3 traditional stewardship practices developed 

4 through centuries of pastoral practices, which 

5 can be key to mitigating the negative effects of 

6 warming on the Tibetan Plateau. 

7 (H) The construction of large hydroelectric 

8 power dams in Tibet, planned to be used in 

9 part to transmit power to Chinese provinces 

10 outside of Tibet, as well as other infrastructure 

11 projects, including the Sichuan-Tibet railroad 

12 may also lead to the resettlement of thousands 

13 of Tibetans and transform the environment. 

14 (I) Cambodia, Laos, Thailand, and Viet15 nam are members of the Mekong River Com16 mission, which promotes sustainable manage17 ment and development of water and related re18 sources among member nations. 

19 (J) The People’s Republic of China is not 

20 a full party to the Mekong River Commission. 

21 (K) The People’s Republic of China has 

22 approximately 20 percent of the world’s popu23 lation but only around 7 percent of the world’s 

24 water supply, with India and the rest of South 

25 and Southeast Asia also relying on the rivers 


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1 flowing from the Himalayas of the Tibetan Pla2 teau. 

3 (L) The People’s Republic of China has al4 ready completed water transfer programs di5 verting billions of cubic meters of water yearly 

6 and there are plans to divert more waters from 

7 the Tibetan plateau in the People’s Republic of 

8 China. 

9 (2) WATER RESOURCES IN TIBET AND THE TI10 BETAN WATERSHED.—The Secretary of State, in co11 ordination with relevant agencies of the United 

12 States Government, shall— 

13 (A) pursue efforts to monitor the environ14 ment on the Tibetan Plateau, including glacial 

15 retreat, temperature rise, and carbon levels, in 

16 order to promote a greater understanding of the 

17 effects on permafrost, river flows, grasslands 

18 and desertification, and the monsoon cycle; 

19 (B) engage with the Government of China, 

20 the Central Tibetan Administration, and non21 governmental organizations to encourage the 

22 participation of Tibetan nomads and other Ti23 betan stakeholders in the development and im24 plementation of grassland management policies, 

25 in order to utilize their indigenous experience in 


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1 mitigation and stewardship of the land, and to 

2 assess policies on the forced resettlement of no3 mads; and 

4 (C) encourage a regional framework on 

5 water security or use existing frameworks, such 

6 as the Lower Mekong Initiative, to facilitate co7 operative agreements among all riparian na8 tions that would promote transparency, sharing 

9 of information, pollution regulation, and ar10 rangements on impounding and diversion of 

11 waters that originate on the Tibetan Plateau. 

12 (3) TIBETAN WATER RESOURCES AND NA13 TIONAL SECURITY.—Section 1202(b) of the National 

14 Defense Authorization Act of 2000 (Public Law 

15 106–65; 10 U.S.C. 113 note) is amended by adding 

16 at the end the following: 

17 ‘‘(29) Tibet’s strategic importance and the stra18 tegic importance of water resources from the Ti19 betan Plateau in regional and territorial disputes.’’. 

20 (e) DEMOCRACY IN THE TIBETAN EXILE COMMU21 NITY.— 

22 (1) FINDINGS.—Congress makes the following 

23 findings: 

24 (A) The 14th Dalai Lama has overseen a 

25 process of democratization within the Tibetan 


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1 policy, beginning in Tibet in the 1950s and con2 tinuing in exile from the 1960s to the present. 

3 (B) The first representative body in Ti4 betan history, formed on September 2, 1960, 

5 was the precursor of the Tibetan Parliament-in6 Exile, the legislative branch within the Central 

7 Tibetan Administration. 

8 (C) The first direct election for the chief 

9 executive of the Central Tibetan Administration 

10 was held on July 29, 2001, with the election of 

11 Professor Samdhong Rinpoche. 

12 (D) On March 10, 2011, the 14th Dalai 

13 Lama announced that he would relinquish his 

14 political responsibilities and on August 8, 2011, 

15 he transferred full political power to the elected 

16 leadership of the Central Tibetan Administra17 tion. 

18 (E) On March 20, 2011, members of the 

19 Tibetan exile community across some 30 coun20 tries held elections, monitored by international 

21 observers and assessed to be free and fair, to 

22 select the next parliament and chief executive. 

23 (F) As a result of the codification of the 

24 transfer of political power from the Dalai 

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1 net, assumed full executive authority and the 

2 Tibetan Parliament-in-Exile assumed full legis3 lative authority within the Central Tibetan Ad4 ministration. 

5 (G) As a result of the 2011 elections, the 

6 15th Tibetan Parliament was seated and 

7 Lobsang Sangay was chosen as Kalon Tripa, a 

8 title changed to Sikyong in 2012. 

9 (H) Approximately 6,000,000 Tibetans in 

10 Tibet do not enjoy a democratic form of govern11 ment or the ability to elect their political rep12 resentatives. 

13 (I) Section 355 of the Foreign Relations 

14 Authorization Act, Fiscal Years 1992 and 1993 

15 (Public Law 102–138; 105 Stat 713), expressed 

16 the sense of Congress that Tibet’s true rep17 resentatives are the Dalai Lama and the Ti18 betan government-in-exile as recognized by the 

19 Tibetan people and that Tibet has maintained 

20 throughout its history a distinctive and sov21 ereign national, cultural, and religious identity 

22 separate from that of China and, except during 

23 periods of illegal Chinese occupation, has main24 tained a separate and sovereign political and 

25 territorial identity. 


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1 (J) The Middle Way Approach, the official 

2 policy of the Central Tibetan Administration, 

3 seeks genuine autonomy for the 6,000,000 Ti4 betans in Tibet. 

5 (2) SENSE OF CONGRESS.—It is the sense of 

6 Congress that— 

7 (A) Tibetan exile communities around the 

8 world should be commended for the successful 

9 adoption of a system of self-governance with 

10 democratic institutions and free elections to 

11 choose their leaders; 

12 (B) the Dalai Lama should be commended 

13 for his decision to transfer political authority to 

14 elected leaders in accordance with democratic 

15 principles; 

16 (C) the Central Tibetan Administration le17 gitimately represents and reflects the aspira18 tions of Tibetan people around the world, and 

19 the Sikyong is the President of the Central Ti20 betan Administration; 

21 (D) consistent with section 621(d)(3) of 

22 the Tibetan Policy Act of 2002 (22 U.S.C. 

23 6901 note), the United States Special Coordi24 nator for Tibetan Issues should continue to 

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1 tural, and elected leaders of the Tibetan people; 

2 and 

3 (E) the adoption of democracy within the 

4 Tibetan exile community can serve as an exam5 ple to other exiled, subnational, or nonsovereign 

6 communities around the world. 

7 (f) SUSTAINABILITY IN TIBETAN COMMUNITIES

8 SEEKING TO PRESERVE THEIR CULTURE, RELIGION, 

9 AND LANGUAGE.— 

10 (1) FINDINGS.—Congress makes the following 

11 findings: 

12 (A) Following the flight into exile of the 

13 Dalai Lama and tens of thousands of fellow Ti14 betans, the Government of India graciously 

15 granted land on which the Tibetan refugees 

16 could settle. 

17 (B) Under the leadership of the Dalai 

18 Lama, Tibetan refugees established settlements 

19 in Indian, Nepalese, and Bhutanese monastic, 

20 cultural, and educational institutions for the 

21 purpose of preserving their religion, culture, 

22 and language until the time that they could re23 turn to Tibet. 

24 (C) Many of the Tibetan settlements are 

25 more than 50 years old, with aging infrastrucVerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00473 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629

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1 ture, challenging the capacity to absorb new 

2 refugees and provide modern services and gain3 ful employment. 

4 (D) The threats to Tibetan culture, reli5 gion, and language in the People’s Republic of 

6 China justify support for efforts by Tibetans 

7 outside China to preserve their heritage. 

8 (E) Many long-staying Tibetans in Nepal 

9 have not received documentation that would 

10 provide legal resident status and allow them 

11 fuller access to educational opportunities and 

12 sustainable participation in the economy and 

13 society of Nepal. 

14 (F) It is United States policy to promote 

15 the human rights of the Tibetan people and the 

16 preservation of the distinct Tibetan cultural, re17 ligious, and linguistic heritage. 

18 (G) The Dalai Lama has said that the 

19 Central Tibetan Administration will cease to 

20 exist once a negotiated settlement has been 

21 achieved that allows Tibetans to freely enjoy 

22 their culture, religion, and language in Tibet. 

23 (2) DEVELOPMENT ASSISTANCE.—Of the 

24 amount authorized to be appropriated for develop25 ment assistance for fiscal year 2020, such sums as 


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1 may be necessary are authorized to be available to 

2 support the preservation of Tibetan cultural, reli3 gious, and linguistic heritage, as well as the edu4 cation, skills development, and entrepreneurship of 

5 Tibetans residing in settlements in South Asia, sub6 ject to review and approval of the United States 

7 Special Coordinator for Tibetan Issues. 

8 (3) TIBETANS IN NEPAL.—The Secretary of 

9 State shall urge the Government of Nepal to provide 

10 legal documentation to long-staying Tibetan resi11 dents in Nepal who fled a credible threat of persecu12 tion in Tibet, in order to allow them to more fully 

13 participate in the economy and society of Nepal. 

14 (4) SENSE OF CONGRESS.—It is the sense of 

15 Congress that the Office of Tibet in Washington, 

16 DC, is the representative office in the United States 

17 of the Dalai Lama and the Central Tibetan Admin18 istration. 

19 (5) SUNSET.—This section shall terminate on 

20 the date that is one year after the date on which the 

21 Secretary of State certifies to Congress that a nego22 tiated settlement between the Government of China 

23 and the Dalai Lama or his representatives or Cen24 tral Tibetan Administration representatives on Tibet 

25 has been concluded. 


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1 (g) AUTHORIZATION OF APPROPRIATIONS.— 

2 (1) OFFICE OF THE UNITED STATES SPECIAL

3 COORDINATOR FOR TIBETAN ISSUES.—Of the 

4 amounts authorized to be appropriated to the De5 partment of State for administration of foreign af6 fairs, not less than $1,000,000 is authorized to be 

7 appropriated for fiscal year 2021 and each subse8 quent fiscal year for the Office of the United States 

9 Special Coordinator for Tibetan Issues. 

10 (2) TIBETAN SCHOLARSHIP PROGRAM AND

11 ‘‘NGWANG CHOEPEL EXCHANGE PROGRAMS’’.—Of 

12 the amounts authorized to be appropriated for edu13 cational and cultural exchange programs for fiscal 

14 year 2021 and each subsequent fiscal year— 

15 (A) not less than $750,000 is authorized 

16 to be appropriated to carry out the Tibetan 

17 scholarship program established under section 

18 103(b)(1) of the Human Rights, Refugee, and 

19 Other Foreign Relations Provisions Act of 1996 

20 (Public Law 104–319; 110 Stat. 3865); and 

21 (B) not less than $650,000 is authorized 

22 to be appropriated to carry out the ‘‘Ngwang 

23 Choepel Exchange Programs’’ (formerly known 

24 as ‘‘programs of educational and cultural ex25 change between the United States and the peoVerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00476 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629

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1 ple of Tibet’’) under section 103(a) of the 

2 Human Rights, Refugee, and Other Foreign 

3 Relations Provisions Act of 1996. 

4 (3) HUMANITARIAN ASSISTANCE TO TIBETAN

5 REFUGEES IN SOUTH ASIA.—Of the amounts author6 ized to be appropriated for migration and refugee 

7 assistance for fiscal year 2021 and each subsequent 

8 fiscal year, such sums as may be necessary are au9 thorized to be appropriated for humanitarian assist10 ance, including food, medicine, clothing, and medical 

11 and vocational training, to Tibetan refugees in 

12 South Asia who have fled facing a credible threat of 

13 persecution in the People’s Republic of China. 

14 (4) DEVELOPMENT ASSISTANCE.—Of the funds 

15 appropriated under the heading ‘‘Economic Support 

16 Fund’’ for fiscal year 2021 and each subsequent fis17 cal year, not less than $6,000,000 is authorized for 

18 programs to promote and preserve Tibetan culture 

19 and language both in the refugee and diaspora Ti20 betan communities, development, and the resilience 

21 of Tibetan communities and the Central Tibetan Ad22 ministration in India and Nepal, and to assist in the 

23 education and development of the next generation of 

24 Tibetan leaders from such communities. 


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1 (5) TIBETAN GOVERNANCE.—Of the funds ap2 propriated under the heading ‘‘Economic Support 

3 Fund’’ for fiscal year 2021 and each subsequent fis4 cal year, not less than $3,000,000 is authorized for 

5 programs to strengthen the capacity of Central Ti6 betan Administration institutions and strengthen de7 mocracy, governance, information and international 

8 outreach, and research. 

9 SEC. 303. AUTHORIZATION OF APPROPRIATIONS FOR PRO10 MOTION OF DEMOCRACY IN HONG KONG. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated $50,000,000 for fiscal year 

13 2021 for the Bureau of Democracy, Human Rights, and 

14 Labor of the Department of State to promote democracy 

15 in Hong Kong. 

16 (b) ADMINISTRATION.—The Secretary of State shall 

17 designate an office with the Department of State to ad18 minister and coordinate the provision of such funds de19 scribed in subsection (a) within the Department of State 

20 and across the United States Government. 

21 SEC. 304. HONG KONG SPECIAL IMMIGRANT VISA ACCESS 

22 AND CIVIL SOCIETY SUPPORT. 

23 (a) DESIGNATION OF CERTAIN RESIDENTS OF HONG

24 KONG AS PRIORITY 2 REFUGEES.— 


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1 (1) IN GENERAL.—The Secretary of State, in 

2 consultation with the Secretary of Homeland Secu3 rity, shall designate, as Priority 2 refugees of special 

4 humanitarian concern— 

5 (A) individuals who are residents of the 

6 Hong Kong Special Administrative Region who 

7 suffered persecution or have a well-founded fear 

8 of persecution on account of their peaceful ex9 pression of political opinions or peaceful partici10 pation in political activities or associations; 

11 (B) individuals who have been charged, de12 tained, or convicted on account of their peaceful 

13 actions (as described in section 206(b)(2) of the 

14 United States-Hong Kong Policy Act of 1992 

15 (22 U.S.C. 5726(b)(2)); and 

16 (C) the spouses, children, and parents (as 

17 such terms are defined in subsections (a) and 

18 (b) of section 101 of the Immigration and Na19 tionality Act (8 U.S.C. 1101)) of individuals de20 scribed in subparagraph (A) or (B). 

21 (2) PROCESSING OF HONG KONG REFUGEES.— 

22 The processing of individuals described in paragraph 

23 (1) for classification as refugees may occur in Hong 

24 Kong or in a third country. 


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1 (3) ELIGIBILITY FOR ADMISSION AS REFU2 GEES.—An alien may not be denied the opportunity 

3 to apply for admission as a refugee under this sec4 tion because such alien— 

5 (A) qualifies as an immediate relative of a 

6 citizen of the United States; or 

7 (B) is eligible for admission to the United 

8 States under any other immigrant classification. 

9 (4) FACILITATION OF ADMISSIONS.—An appli10 cant for admission to the United States from the 

11 Hong Kong Special Administrative Region may not 

12 be denied solely on the basis of a politically moti13 vated arrest, detention, or other adverse government 

14 action taken against such applicant as a result of 

15 the participation by such applicant in protest activi16 ties. 

17 (5) EXCLUSION FROM NUMERICAL LIMITA18 TIONS.—Aliens provided refugee status under this 

19 subsection shall not be counted against any numer20 ical limitation under section 201, 202, 203, or 207 

21 of the Immigration and Nationality Act (8 U.S.C. 

22 1151, 1152, 1153, and 1157). 

23 (6) REPORTING REQUIREMENTS.— 

24 (A) IN GENERAL.—Not later than 180 

25 days after the date of the enactment of this 


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1 Act, and every 90 days thereafter, the Secretary 

2 of State and the Secretary of Homeland Secu3 rity shall submit a report on the matters de4 scribed in subparagraph (B) to— 

5 (i) the Committee on the Judiciary of 

6 the Senate; 

7 (ii) the Committee on Foreign Rela8 tions of the Senate; 

9 (iii) the Select Committee on Intel10 ligence of the Senate; 

11 (iv) the Committee on the Judiciary of 

12 the House of Representatives; 

13 (v) the Committee on Foreign Affairs 

14 of the House of Representatives; and 

15 (vi) the Permanent Select Committee 

16 on Intelligence of the House of Represent17 atives. 

18 (B) MATTERS TO BE INCLUDED.—Each 

19 report required under subparagraph (A) shall 

20 include— 

21 (i) of the applications pending at the 

22 end of the reporting period, the number of 

23 applications in which— 

24 (I) eligibility for the Priority 2 

25 refugee program has been confirmed; 


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1 (II) a prescreening interview with 

2 a resettlement support center has 

3 been completed; 

4 (III) an interview with U.S. Citi5 zenship and Immigration Services has 

6 been completed; 

7 (IV) the required security checks 

8 have been completed; or 

9 (V) final adjudication has been 

10 made; 

11 (ii) the average wait-times for all 

12 pending applications until— 

13 (I) eligibility for the Priority 2 

14 refugee program is confirmed; 

15 (II) a prescreening interview with 

16 a resettlement support center is com17 pleted; 

18 (III) an interview with U.S. Citi19 zenship and Immigration Services is 

20 completed; 

21 (IV) the required security checks 

22 are completed; and 

23 (V) final adjudication is made; 


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1 (iii) the number of denials of applica2 tions for refugee status, disaggregated by 

3 the reason for each such denial; and 

4 (iv) the circuit rides— 

5 (I) completed in the prior quar6 ter, listed by date, location, and num7 ber of interviews completed; and 

8 (II) planned for the upcoming 2 

9 quarters, listed by anticipated date, 

10 location, and number of interviews to 

11 be completed. 

12 (C) FORM.—Each report required under 

13 subparagraph (A) shall be submitted in unclas14 sified form, but may include a classified annex. 

15 (D) PUBLIC REPORTS.—Not later than 7 

16 days after the submission of each report under 

17 this paragraph, the Secretary of State shall 

18 make the report available to the public on the 

19 website of the Department of State. 

20 (7) SATISFACTION OF OTHER REQUIRE21 MENTS.—Aliens granted status under this subsection 

22 as Priority 2 refugees of special humanitarian con23 cern under the refugee resettlement priority system 

24 shall be considered to satisfy the requirements under 


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1 section 207 of the Immigration and Nationality Act 

2 (8 U.S.C. 1157) for admission to the United States. 

3 (b) WAIVER OF IMMIGRANT STATUS PRESUMP4 TION.— 

5 (1) IN GENERAL.—The presumption under the 

6 first sentence of section 214(b) of the Immigration 

7 and Nationality Act (8 U.S.C. 1184(b)) that every 

8 alien is an immigrant until the alien establishes that 

9 the alien is entitled to nonimmigrant status shall not 

10 apply to an alien described in paragraph (2). 

11 (2) ALIEN DESCRIBED.—An alien described in 

12 this paragraph is an alien who— 

13 (A) was a resident of the Hong Kong Spe14 cial Administrative Region as of June 18, 2020; 

15 (B) is seeking entry to the United States 

16 to apply for asylum under section 208 of the 

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

18 1158); and 

19 (C)(i) had a leadership role in civil society 

20 organizations supportive of the protests in 2019 

21 and 2020 relating to the Hong Kong extra22 dition bill and the encroachment on the auton23 omy of Hong Kong by the People’s Republic of 

24 China; 


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1 (ii) had an organizing role for such pro2 tests; 

3 (iii) acted as a first aid responder for such 

4 protests; 

5 (iv) suffered harm while covering such pro6 tests as a journalist; 

7 (v) provided paid or pro bono legal services 

8 to 1 or more individuals arrested for partici9 pating in such protests; or 

10 (vi) during the 1-year period beginning on 

11 June 9, 2019, was formally charged, detained, 

12 or convicted for his or her participation in such 

13 protests. 

14 (c) REFUGEE AND ASYLUM DETERMINATIONS

15 UNDER THE IMMIGRATION AND NATIONALITY ACT.— 

16 (1) PERSECUTION ON ACCOUNT OF POLITICAL

17 OPINION.— 

18 (A) IN GENERAL.—For purposes of ref19 ugee determinations under this section in ac20 cordance with section 207 of the Immigration 

21 and Nationality Act (8 U.S.C. 1157), an indi22 vidual whose citizenship, nationality, or resi23 dency is revoked for having submitted to any 

24 United States Government agency a nonfrivo25 lous application for refugee status, asylum, or 


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1 any other immigration benefit under the immi2 gration laws (as defined in section 101(a) of 

3 such Act (8 U.S.C. 1101(a)) shall be considered 

4 to have suffered persecution on account of polit5 ical opinion. 

6 (B) NATIONALS OF THE PEOPLE’S REPUB7 LIC OF CHINA.—For purposes of refugee deter8 minations under this section in accordance with 

9 section 207 of the Immigration and Nationality 

10 Act (8 U.S.C. 1157), a national of the People’s 

11 Republic of China whose residency in the Hong 

12 Kong Special Administrative region, or any 

13 other area within the jurisdiction of the Peo14 ple’s Republic of China, as determined by the 

15 Secretary of State, is revoked for having sub16 mitted to any United States Government agen17 cy a nonfrivolous application for refugee status, 

18 asylum, or any other immigration benefit under 

19 the immigration laws shall be considered to 

20 have suffered persecution on account of political 

21 opinion. 

22 (2) CHANGED CIRCUMSTANCES.—For purposes 

23 of asylum determinations under this section in ac24 cordance with section 208 of the Immigration and 

25 Nationality Act (8 U.S.C. 1158), the revocation of 


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1 the citizenship, nationality, or residency of an indi2 vidual for having submitted to any United States 

3 Government agency a nonfrivolous application for 

4 refugee status, asylum, or any other immigration 

5 benefit under the immigration laws shall be consid6 ered to be a changed circumstance under subsection 

7 (a)(2)(D) of such section. 

8 (d) STATEMENT OF POLICY ON ENCOURAGING AL9 LIES AND PARTNERS TO MAKE SIMILAR ACCOMMODA10 TIONS.—It is the policy of the United States to encourage 

11 allies and partners of the United States to make accom12 modations similar to the accommodations made under this 

13 section for residents of the Hong Kong Special Adminis14 trative Region who are fleeing oppression by the Govern15 ment of China. 

16 (e) TERMINATION.—This section shall cease to have 

17 effect on the date that is 5 years after the date of the 

18 enactment of this Act. 

19 SEC. 305. UYGHUR SPECIAL IMMIGRANT VISA ACCESS AND 

20 CIVIL SOCIETY SUPPORT FOR GROUPS IN 

21 THE XINJIANG UYGHUR AUTONOMOUS RE22 GION. 

23 (a) DESIGNATION OF CERTAIN RESIDENTS OF

24 XINJIANG AS PRIORITY 2 REFUGEES.— 


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1 (1) IN GENERAL.—The Secretary of State, in 

2 consultation with the Secretary of Homeland Secu3 rity, shall designate, as Priority 2 refugees of special 

4 humanitarian concern— 

5 (A) Uyghurs, ethnic Kazakhs, Kyrgyz, and 

6 members of other Muslim minority groups in 

7 the Xinjiang Uyghur Autonomous Region who 

8 have been arbitrarily detained in internment 

9 camps, suffered persecution, or have a well10 founded fear of persecution on account of their 

11 ethnicity or religious beliefs; 

12 (B) the spouses, children, and parents (as 

13 such terms are defined in subsections (a) and 

14 (b) of section 101 of the Immigration and Na15 tionality Act (8 U.S.C. 1101)) of individuals de16 scribed in subparagraph (A). 

17 (2) PROCESSING OF XINJIANG REFUGEES.— 

18 The processing of individuals described in paragraph 

19 (1) for classification as refugees may occur in Hong 

20 Kong or in another country. 

21 (3) ELIGIBILITY FOR ADMISSION AS REFU22 GEES.—An alien may not be denied the opportunity 

23 to apply for admission as a refugee under this sec24 tion because such alien— 


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1 (A) qualifies as an immediate relative of a 

2 citizen of the United States; or 

3 (B) is eligible for admission to the United 

4 States under any other immigrant classification. 

5 (4) FACILITATION OF ADMISSIONS.—An appli6 cant for admission to the United States from the 

7 Xinjiang Uyghur Autonomous Region may not be 

8 denied primarily on the basis of an arbitrary arrest, 

9 detention, or other adverse government action taken 

10 against such applicant as a result of his or her eth11 nicity or religious beliefs. 

12 (5) EXCLUSION FROM NUMERICAL LIMITA13 TIONS.—Aliens provided refugee status under this 

14 section shall not be counted against any numerical 

15 limitation under section 201, 202, 203, or 207 of 

16 the Immigration and Nationality Act (8 U.S.C. 

17 1151, 1152, 1153, and 1157). 

18 (6) REPORTING REQUIREMENTS.— 

19 (A) IN GENERAL.—Not later than 180 

20 days after the date of the enactment of this 

21 Act, and every 90 days thereafter, the Secretary 

22 of State and the Secretary of Homeland Secu23 rity shall submit a report on the matters de24 scribed in subparagraph (B) to— 


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1 (i) the Committee on the Judiciary of 

2 the Senate; 

3 (ii) the Committee on Foreign Rela4 tions of the Senate; 

5 (iii) the Select Committee on Intel6 ligence of the Senate; 

7 (iv) the Committee on the Judiciary of 

8 the House of Representatives; 

9 (v) the Committee on Foreign Affairs 

10 of the House of Representatives; and 

11 (vi) the Permanent Select Committee 

12 on Intelligence of the House of Represent13 atives. 

14 (B) MATTERS TO BE INCLUDED.—Each 

15 report required under subparagraph (A) shall 

16 include— 

17 (i) of the applications pending at the 

18 end of the reporting period, the number of 

19 applications in which— 

20 (I) eligibility for the Priority 2 

21 refugee program has been confirmed; 

22 (II) a prescreening interview with 

23 a resettlement support center has 

24 been completed; 


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1 (III) an interview with U.S. Citi2 zenship and Immigration Services has 

3 been completed; 

4 (IV) the required security checks 

5 have been completed; or 

6 (V) final adjudication has been 

7 made; 

8 (ii) the average wait-times for all 

9 pending applications until— 

10 (I) eligibility for the Priority 2 

11 refugee program is confirmed; 

12 (II) a prescreening interview with 

13 a resettlement support center is com14 pleted; 

15 (III) an interview with U.S. Citi16 zenship and Immigration Services is 

17 completed; 

18 (IV) the required security checks 

19 are completed; and 

20 (V) final adjudication is made; 

21 (iii) the number of denials of applica22 tions for refugee status, disaggregated by 

23 the reason for each such denial; and 

24 (iv) the circuit rides— 


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1 (I) completed in the prior quar2 ter, listed by date, location, and num3 ber of interviews completed; and 

4 (II) planned for the upcoming 2 

5 quarters, listed by anticipated date, 

6 location, and number of interviews to 

7 be completed. 

8 (C) FORM.—Each report required under 

9 subparagraph (A) shall be submitted in unclas10 sified form, but may include a classified annex. 

11 (D) PUBLIC REPORTS.—Not later than 7 

12 days after the submission of each report under 

13 this paragraph, the Secretary of State shall 

14 make the report available to the public on the 

15 internet website of the Department of State. 

16 (7) SATISFACTION OF OTHER REQUIRE17 MENTS.—Aliens granted status under this subsection 

18 as Priority 2 refugees of special humanitarian con19 cern under the refugee resettlement priority system 

20 shall be considered to satisfy the requirements under 

21 section 207 of the Immigration and Nationality Act 

22 (8 U.S.C. 1157) for admission to the United States. 

23 (b) WAIVER OF IMMIGRANT STATUS PRESUMP24 TION.— 


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1 (1) IN GENERAL.—The presumption under the 

2 first sentence of section 214(b) (8 U.S.C. 1184(b)) 

3 that every alien is an immigrant until the alien es4 tablishes that the alien is entitled to nonimmigrant 

5 status shall not apply to an alien described in para6 graph (2). 

7 (2) ALIEN DESCRIBED.—An alien described in 

8 this paragraph is an alien who— 

9 (A) was a resident of the Xinjiang Uyghur 

10 Autonomous Region as of August 11, 2020; 

11 (B) is seeking entry to the United States 

12 to apply for asylum under section 208 of the 

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

14 1158); and 

15 (C)(i) was arbitrarily detained or impris16 oned in an internment camp in Xinjiang; 

17 (ii) suffered harm while covering the situa18 tion in Xinjiang as a journalist; or 

19 (iii) provided paid or pro bono legal serv20 ices to 1 or more individuals arrested or de21 tained in Xinjiang. 

22 (c) REFUGEE AND ASYLUM DETERMINATIONS

23 UNDER THE IMMIGRATION AND NATIONALITY ACT.— 

24 (1) PERSECUTION ON ACCOUNT OF POLITICAL

25 OPINION.— 


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1 (A) IN GENERAL.—For purposes of ref2 ugee determinations under this section in ac3 cordance with section 207 of the Immigration 

4 and Nationality Act (8 U.S.C. 1157), an indi5 vidual whose citizenship, nationality, or resi6 dency is revoked for having submitted to any 

7 United States Government agency a nonfrivo8 lous application for refugee status, asylum, or 

9 any other immigration benefit under the immi10 gration laws (as defined in section 101(a) of 

11 such Act (8 U.S.C. 1101(a)) shall be considered 

12 to have suffered persecution on account of polit13 ical opinion. 

14 (B) NATIONALS OF THE PEOPLE’S REPUB15 LIC OF CHINA.—For purposes of refugee deter16 minations under this section in accordance with 

17 section 207 of the Immigration and Nationality 

18 Act (8 U.S.C. 1157), a national of the People’s 

19 Republic of China whose residency in the 

20 Xinjiang Uyghur Autonomous region, or any 

21 other area within the jurisdiction of the Peo22 ple’s Republic of China, as determined by the 

23 Secretary of State, is revoked for having sub24 mitted to any United States Government agen25 cy a nonfrivolous application for refugee status, 


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1 asylum, or any other immigration benefit under 

2 the immigration laws shall be considered to 

3 have suffered persecution on account of political 

4 opinion. 

5 (2) CHANGED CIRCUMSTANCES.—For purposes 

6 of asylum determinations under this section in ac7 cordance with section 208 of the Immigration and 

8 Nationality Act (8 U.S.C. 1158), the revocation of 

9 the citizenship, nationality, or residency of an indi10 vidual for having submitted to any United States 

11 Government agency a nonfrivolous application for 

12 refugee status, asylum, or any other immigration 

13 benefit under the immigration laws shall be consid14 ered to be a changed circumstance under subsection 

15 (a)(2)(D) of such section. 

16 (d) STATEMENT OF POLICY ON ENCOURAGING AL17 LIES AND PARTNERS TO MAKE SIMILAR ACCOMMODA18 TIONS.—It is the policy of the United States to encourage 

19 allies and partners of the United States to make accom20 modations similar to the accommodations made under this 

21 section for residents of the Xinjiang Uyghur Autonomous 

22 Region who are fleeing oppression by the Government of 

23 China. 


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1 (e) TERMINATION.—This section shall cease to have 

2 effect on the date that is 5 years after the date of the 

3 enactment of this Act. 

4 SEC. 306. IMPOSITION OF SANCTIONS RELATING TO 

5 FORCED LABOR. 

6 (a) FINDINGS.—Congress makes the following find7 ings: 

8 (1) The Government of China continues to use 

9 forced labor in prisons and has established a system 

10 of extrajudicial mass internment camps arbitrarily 

11 detaining as many as 1,800,000 Uyghurs, Kazakhs, 

12 Kyrgyz, and members of other Muslim minority 

13 groups in the Xinjiang Uyghur Autonomous Region, 

14 who have been subjected to forced labor and severe 

15 human rights abuses. 

16 (2) More than 80,000 Uyghurs were trans17 ferred out of Xinjiang to work in factories across the 

18 People’s Republic of China between 2017 and 2019, 

19 and some of them were sent directly from detention 

20 camps, according to public reports. 

21 (3) Based on International Labour Organiza22 tion indicators of forced labor, Uyghur workers are 

23 subject to intimidation and threats, are placed in po24 sitions of dependency and vulnerability, face severe 


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1 movement restrictions, are isolated, face abusive 

2 working conditions, and work excessive hours. 

3 (b) REPORT REQUIRED.— 

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

5 after the date of the enactment of this Act, and not 

6 less frequently than annually thereafter, the Presi7 dent shall submit to the appropriate congressional 

8 committees a report that identifies— 

9 (A) each foreign person, including any offi10 cial of the Government of China, that the Presi11 dent determines— 

12 (i) knowingly, on or after such date of 

13 enactment, engages in, is responsible for, 

14 or facilitates forced labor in the People’s 

15 Republic of China, including by Uyghurs, 

16 Kazakhs, Kyrgyz, and members of other 

17 Muslim minority groups from the Xinjiang 

18 Uyghur Autonomous Region and other re19 gions of the People’s Republic of China; or 

20 (ii) knowingly, on or after such date 

21 of enactment, engages in, contributes to, 

22 assists, or provides financial, material, or 

23 technological support for, the importation 

24 into the United States of goods produced 


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1 with forced labor in the People’s Republic 

2 of China; 

3 (B) each Chinese entity that, on or after 

4 such date of enactment— 

5 (i) directly or indirectly uses forced 

6 labor in the People’s Republic of China, in7 cluding in the Xinjiang Uyghur Autono8 mous Region; or 

9 (ii) acts as an agent of an entity de10 scribed in clause (i) to import goods into 

11 the United States; 

12 (C) goods made wholly or in part by forced 

13 labor in the People’s Republic of China, includ14 ing in the Xinjiang Uyghur Autonomous Re15 gion; and 

16 (D) each person that, on or after such date 

17 of enactment, sells such goods in the United 

18 States. 

19 (2) FORM.—The report required by paragraph 

20 (1) shall be submitted in unclassified form but may 

21 include a classified annex. 

22 (c) IMPOSITION OF SANCTIONS.—The President shall 

23 impose the following sanctions with respect to each foreign 

24 person identified under subsection (b)(1): 


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1 (1) ASSET BLOCKING.—The President shall ex2 ercise all of the powers granted to the President 

3 under the International Emergency Economic Pow4 ers Act (50 U.S.C. 1701 et seq.) to the extent nec5 essary to block and prohibit all transactions in prop6 erty and interests in property of the foreign person 

7 if such property and interests in property are in the 

8 United States, come within the United States, or are 

9 or come within the possession or control of a United 

10 States person. 

11 (2) INELIGIBILITY FOR VISAS, ADMISSION, OR

12 PAROLE.— 

13 (A) VISAS, ADMISSION, OR PAROLE.—An 

14 alien described in subsection (b)(1) is— 

15 (i) inadmissible to the United States; 

16 (ii) ineligible to receive a visa or other 

17 documentation to enter the United States; 

18 and 

19 (iii) otherwise ineligible to be admitted 

20 or paroled into the United States or to re21 ceive any other benefit under the Immigra22 tion and Nationality Act (8 U.S.C. 1101 et 

23 seq.). 

24 (B) CURRENT VISAS REVOKED.— 


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1 (i) IN GENERAL.—An alien described 

2 in subsection (b)(1) is subject to revocation 

3 of any visa or other entry documentation 

4 regardless of when the visa or other entry 

5 documentation is or was issued. 

6 (ii) IMMEDIATE EFFECT.—A revoca7 tion under clause (i) shall— 

8 (I) take effect immediately; and 

9 (II) automatically cancel any 

10 other valid visa or entry documenta11 tion that is in the alien’s possession. 

12 (d) DESIGNATION OF ADDITIONAL ENTITIES FOR IM13 POSITION OF SANCTIONS.— 

14 (1) IN GENERAL.—Not later than 60 days after 

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

16 shall submit to the appropriate congressional com17 mittees a report that includes the following: 

18 (A) A determination with respect to wheth19 er reasonable grounds exist to issue a withhold 

20 release order pursuant to section 307 of the 

21 Tariff Act of 1930 (19 U.S.C. 1307) for each 

22 of the following: 

23 (i) Yili Zhou Wan Garment Manufac24 turing Company. 


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1 (ii) Zhihui Haipai Internet of Things 

2 Technology Company. 

3 (iii) Urumqi Shengshi Hua’er Culture 

4 Technology Limited Company. 

5 (iv) Litai Textiles, Huafu Fashion 

6 Company. 

7 (v) Esquel Group headquartered in 

8 Hong Kong. 

9 (vi) Cofco Tunhe Company. 

10 (B) If the President determines under sub11 paragraph (A) that reasonable grounds do not 

12 exist to issue a withhold release order with re13 spect to an entity specified in that subpara14 graph, an explanation of the reasons for that 

15 determination. 

16 (2) FORM OF REPORT.—The report required by 

17 paragraph (1) shall be submitted in unclassified 

18 form but may include a classified annex. 

19 (e) IMPLEMENTATION; PENALTIES.— 

20 (1) IMPLEMENTATION.—The President may ex21 ercise all authorities provided under sections 203 

22 and 205 of the International Emergency Economic 

23 Powers Act (50 U.S.C. 1702 and 1704) to the ex24 tent necessary to carry out this section. 


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

3 violation of subsection (c)(1) or any regulation, li4 cense, or order issued to carry out that subsection 

5 shall be subject to the penalties set forth in sub6 sections (b) and (c) of section 206 of the Inter7 national Emergency Economic Powers Act (50 

8 U.S.C. 1705) to the same extent as a person that 

9 commits an unlawful act described in subsection (a) 

10 of that section. 

11 (f) WAIVER.—The President may waive the applica12 tion of sanctions under this section with respect to a per13 son if the President determines and certifies to the appro14 priate congressional committees that such a waiver is in 

15 the national interest of the United States. 

16 (g) EXCEPTION RELATING TO IMPORTATION OF

17 GOODS.— 

18 (1) IN GENERAL.—The authorities and require19 ments to impose sanctions under this section shall 

20 not include the authority or a requirement to impose 

21 sanctions on the importation of goods. 

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

23 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 (h) DEFINITIONS.—In this section: 

4 (1) CHINESE ENTITY.—The term ‘‘Chinese en5 tity’’ means an entity organized under the laws of or 

6 otherwise subject to the jurisdiction of the People’s 

7 Republic of China. 

8 (2) ENTITY.—The term ‘‘entity’’ means a part9 nership, association, trust, joint venture, corpora10 tion, group, subgroup, or other organization. 

11 (3) FORCED LABOR.—The term ‘‘forced labor’’ 

12 has the meaning given that term in section 307 of 

13 the Tariff Act of 1930 (19 U.S.C. 1307). 

14 (4) FOREIGN PERSON.—The term ‘‘foreign per15 son’’ means any person that is not a United States 

16 person. 

17 (5) KNOWINGLY.—The term ‘‘knowingly’’, with 

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

19 means that a person has actual knowledge, or should 

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

21 result. 

22 (6) PERSON.—The term ‘‘person’’ means an in23 dividual or entity. 

24 (7) UNITED STATES PERSON.—The term 

25 ‘‘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 of any jurisdiction within 

6 the United States, including a foreign branch of 

7 such an entity. 

8 SEC. 307. INVESTIGATIONS OF ALLEGATIONS OF GOODS 

9 PRODUCED WITH FORCED LABOR. 

10 Section 307 of the Tariff Act of 1930 (19 U.S.C. 

11 1307) is amended— 

12 (1) by striking ‘‘All’’ and inserting the fol13 lowing: 

14 ‘‘(a) IN GENERAL.—All’’; 

15 (2) by striking ‘‘ ‘Forced labor’, as herein 

16 used,’’ and inserting the following: 

17 ‘‘(c) FORCED LABOR DEFINED.—In this section, the 

18 term ‘forced labor’ ’’; and 

19 (3) by inserting after subsection (a), as des20 ignated by paragraph (1), the following: 

21 ‘‘(b) FORCED LABOR DIVISION.— 

22 ‘‘(1) IN GENERAL.—There is established in the 

23 Office of Trade of U.S. Customs and Border Protec24 tion a Forced Labor Division, which shall— 


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1 ‘‘(A) receive and investigate allegations of 

2 goods, wares, articles, or merchandise mined, 

3 produced, or manufactured using forced labor; 

4 and 

5 ‘‘(B) coordinate with other agencies to en6 force the prohibition under subsection (a). 

7 ‘‘(2) PRIORITIZATION OF INVESTIGATIONS.—In 

8 prioritizing investigations under paragraph (1)(A), 

9 the Forced Labor Division shall— 

10 ‘‘(A) consult closely with the Bureau of 

11 International Labor Affairs of the Department 

12 of Labor and the Office to Monitor and Combat 

13 Trafficking in Persons of the Department of 

14 State; and 

15 ‘‘(B) take into account— 

16 ‘‘(i) the complicity of— 

17 ‘‘(I) the government of the for18 eign county in which the instance of 

19 forced labor is alleged to have oc20 curred; and 

21 ‘‘(II) the government of any 

22 other country that has facilitated the 

23 use of forced labor in the country de24 scribed in subclause (I); 


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1 ‘‘(ii) the ranking of the governments 

2 described in clause (i) in the most recent 

3 report on trafficking in persons required 

4 by section 110(b)(1) of the Trafficking 

5 Victims Protection Act of 2000 (22 U.S.C. 

6 7107(b)(1)); 

7 ‘‘(iii) whether the good involved in the 

8 alleged instance of forced labor is included 

9 in the most recent list of goods produced 

10 by child labor or forced labor required by 

11 section 105(b)(1)(2)(C) of the Trafficking 

12 Victims Protection Reauthorization Act of 

13 2005 (22 U.S.C. 7112(b)(2)(C)); and 

14 ‘‘(iv) the effect taking action with re15 spect to the alleged instance of forced 

16 labor would have in eradicating forced 

17 labor from the supply chain of the United 

18 States.’’. 

19 SEC. 308. RESTRICTIONS ON EXPORT, REEXPORT, AND IN20 COUNTRY TRANSFERS OF CERTAIN ITEMS 

21 THAT PROVIDE A CRITICAL CAPABILITY TO 

22 THE GOVERNMENT OF CHINA TO SUPPRESS 

23 INDIVIDUAL PRIVACY, FREEDOM, AND OTHER 

24 BASIC HUMAN RIGHTS. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) COMMERCE CONTROL LIST.—The term 

2 ‘‘Commerce Control List’’ means the list set forth in 

3 Supplement No. 1 to part 774 of the Export Admin4 istration Regulations under subchapter C of chapter 

5 VII of title 15, Code of Federal Regulations. 

6 (2) EXPORT; IN-COUNTRY TRANSFER; ITEM; RE7 EXPORT.—The terms ‘‘export’’, ‘‘in-country trans8 fer’’, ‘‘item’’, and ‘‘reexport’’ have the meaning given 

9 such terms in section 1742 of the Export Control 

10 Reform Act of 2018 (50 U.S.C. 4801). 

11 (b) LIST OF COVERED ITEMS.— 

12 (1) IN GENERAL.—Not later than 120 days 

13 after the date of the enactment of this Act, and as 

14 appropriate thereafter, the President shall— 

15 (A) identify any items that provide a crit16 ical capability to the Government of China, or 

17 any person acting on behalf of such govern18 ment, to suppress individual privacy, freedom of 

19 movement, and other basic human rights, spe20 cifically through— 

21 (i) surveillance, interception, and re22 striction of communications; 

23 (ii) monitoring of individual location 

24 or movement or restricting individual 

25 movement; 


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1 (iii) monitoring or restricting access 

2 to and use of the internet; 

3 (iv) monitoring or restricting use of 

4 social media; 

5 (v) identification of individuals 

6 through facial recognition, voice recogni7 tion, or biometric indicators; 

8 (vi) detention of individuals who are 

9 exercising basic human rights; and 

10 (vii) forced labor in manufacturing; 

11 and 

12 (B) pursuant to the Export Control Re13 form Act of 2018 (50 U.S.C. 4801 et seq.), in14 clude items identified pursuant to subparagraph 

15 (A) on the Commerce Control List in a category 

16 separate from other items, as appropriate, on 

17 the Commerce Control List. 

18 (2) SUPPORT AND COOPERATION.—Upon re19 quest, the head of a Federal agency shall provide 

20 full support and cooperation to the President in car21 rying out this subsection. 

22 (3) CONSULTATION.—In carrying out this sub23 section, the President shall consult with the relevant 

24 technical advisory committees of the Department of 

25 Commerce to ensure that the composition of items 


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1 identified under paragraph (1)(A) and included on 

2 the Commerce Control List does not unnecessarily 

3 restrict commerce between the United States and 

4 the People’s Republic of China, consistent with the 

5 purposes of this subsection. 

6 (c) SPECIAL LICENSE; OTHER AUTHORIZATIONS.— 

7 (1) IN GENERAL.—Beginning not later than 

8 180 days after the date of the enactment of this Act, 

9 the President shall, pursuant to the Export Control 

10 Reform Act of 2018 (50 U.S.C. 4801 et seq.), re11 quire a license or other authorization for the export, 

12 reexport, or in-country transfer to or within the Peo13 ple’s Republic of China of an item identified pursu14 ant to subsection (b)(1)(A) and included on the 

15 Commerce Control List. 

16 (2) PRESUMPTION OF DENIAL.—An application 

17 for a license or other authorization described in 

18 paragraph (1) shall be subject to a presumption of 

19 denial. 

20 (3) PUBLIC NOTICE AND COMMENT.—The 

21 President shall provide for notice and an opportunity 

22 for public comment, in accordance with section 553 

23 of title 5, United States Code, with respect to action 

24 necessary to carry out this subsection. 


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1 (d) INTERNATIONAL COORDINATION AND MULTILAT2 ERAL CONTROLS.—It shall be the policy of the United 

3 States to seek to harmonize United States export control 

4 regulations with international export control regimes with 

5 respect to the items identified pursuant to subsection 

6 (b)(1)(A), including through the Wassenaar Arrangement 

7 on Export Controls for Conventional Arms and Dual-Use 

8 Goods and Technologies, done at The Hague December 

9 1995, and other bilateral and multilateral mechanisms in10 volving countries that export such items. 

11 (e) TERMINATION OF SUSPENSION OF CERTAIN

12 OTHER PROGRAMS AND ACTIVITIES.—Section 902(b)(1) 

13 of the Foreign Relations Authorization Act, Fiscal Years 

14 1990 and 1991 (Public Law 101–246; 22 U.S.C. 2151 

15 note) is amended— 

16 (1) in the matter preceding subparagraph (A), 

17 by inserting ‘‘and Xinjiang Uyghur Autonomous Re18 gion’’ after ‘‘Tibet’’; 

19 (2) in subparagraph (D), by striking ‘‘and’’ at 

20 the end; 

21 (3) in subparagraph (E), by striking ‘‘or’’ after 

22 the semicolon and inserting ‘‘and’’; and 

23 (4) by adding the following: 

24 ‘‘(F) the ending of mass internment of eth25 nic Uyghurs and other Turkic Muslims in the 


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1 Xinjiang Uyghur Autonomous Region, including 

2 the intrusive system of high-tech surveillance 

3 and policing in the region; or’’. 

4 SEC. 309. REPORT ON USE AND APPLICABILITY OF SANC5 TIONS TO CHINESE OFFICIALS COMPLICIT IN 

6 HUMAN RIGHTS VIOLATIONS. 

7 (a) IN GENERAL.—Not later than one year after the 

8 date of the enactment of this Act, the Secretary of State, 

9 in consultation with the Secretary of the Treasury, shall 

10 submit to the appropriate congressional committees a re11 port on the use and applicability of sanctions, including 

12 financial sanctions and the denial of visas to enter the 

13 United States, with respect to officials of the Government 

14 of China complicit in human rights violations, including 

15 severe religious freedom restrictions and human traf16 ficking. 

17 (b) ELEMENTS.—The report required by subsection 

18 (a) shall include— 

19 (1) a list of all relevant authorities under stat20 utes or Executive orders for imposing sanctions de21 scribed in subsection (a); 

22 (2) an assessment of where, if at all, such au23 thorities may conflict, overlap, or otherwise require 

24 clarification; 


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1 (3) a list of all instances in which designations 

2 for the imposition of sanctions described in sub3 section (a) were made during the one-year period 

4 preceding submission of the report; and 

5 (4) an assessment of the effectiveness of those 

6 designations in changing desired behavior and rec7 ommendations for increasing the effectiveness of 

8 such designations. 

9 (c) FORM OF REPORT.—The report required by sub10 section (a) shall be submitted in unclassified form but may 

11 include a classified annex. 

12 SEC. 310. RECIPROCITY FOR MEDIA ORGANIZATIONS. 

13 (a) STATEMENT OF POLICY.—It shall be the policy 

14 of the United States to insist that the People’s Republic 

15 of China afford representatives of United States media 

16 seeking entry into the People’s Republic of China the same 

17 treatment afforded representatives of Chinese media seek18 ing entry into the United States. 

19 (b) ANNUAL REPORT.— 

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

21 after the date of the enactment of this Act, and an22 nually thereafter, the Secretary of Homeland Secu23 rity shall submit to the appropriate committees of 

24 Congress a report on foreign information media visa 


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1 applications submitted by nationals of the People’s 

2 Republic of China. 

3 (2) ELEMENTS.—Each report required by para4 graph (1) shall include the following for the pre5 ceding calendar year: 

6 (A) The number of such visa applications 

7 received. 

8 (B) The number of such applications 

9 granted, disaggregated by visa category. 

10 (C) The name and information regarding 

11 the ownership of the news organization spon12 soring each such application. 

13 (3) APPROPRIATE COMMITTEES OF CONGRESS

14 DEFINED.—In this section, the term ‘‘appropriate 

15 committees of Congress’’ means— 

16 (A) the Committee on Foreign Relations 

17 and the Committee on the Judiciary of the Sen18 ate; and 

19 (B) the Committee on Foreign Affairs and 

20 the Committee on the Judiciary of the House of 

21 Representatives. 


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1 SEC. 311. REPORT ON CORRUPT ACTIVITIES OF SENIOR OF2 FICIALS OF GOVERNMENT OF CHINA. 

3 (a) APPROPRIATE COMMITTEES OF CONGRESS DE4 FINED.—In this section, the term ‘‘appropriate commit5 tees of Congress’’ means— 

6 (1) the Committee on Foreign Relations, the 

7 Committee on Banking, Housing, and Urban Af8 fairs, the Committee on Finance, and the Select 

9 Committee on Intelligence of the Senate; and 

10 (2) the Committee on Foreign Affairs, the 

11 Committee on Financial Services, the Committee on 

12 Ways and Means, and the Permanent Select Com13 mittee on Intelligence of the House of Representa14 tives. 

15 (b) ANNUAL REPORT REQUIRED.— 

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

17 after the date of the enactment of this Act, and an18 nually thereafter through 2025, the Director of the 

19 Central Intelligence Agency, in consultation with the 

20 Secretary of State, shall submit to the appropriate 

21 committees of Congress a report on the corruption 

22 and corrupt activities of senior officials of the Gov23 ernment of China. 

24 (2) ELEMENTS.— 

25 (A) IN GENERAL.—Each report under 

26 paragraph (1) shall include the following: 


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1 (i) A description of the wealth of, and 

2 corruption and corrupt activities among, 

3 senior officials of the Government of 

4 China. 

5 (ii) A description of any recent actions 

6 of the officials described in clause (i) that 

7 could be considered a violation, or potential 

8 violation, of United States law. 

9 (iii) A description and assessment of 

10 targeted financial measures, including po11 tential targets for designation of the offi12 cials described in clause (i) for the corrup13 tion and corrupt activities described in that 

14 clause and for the actions described in 

15 clause (ii). 

16 (B) SCOPE OF REPORTS.—The first report 

17 under paragraph (1) shall include comprehen18 sive information on the matters described in 

19 subparagraph (A). Any succeeding report under 

20 paragraph (1) may consist of an update or sup21 plement to the preceding report under that sub22 section. 

23 (3) COORDINATION.—In preparing each report, 

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1 rector of the Central Intelligence Agency and the 

2 Secretary of State shall coordinate as follows: 

3 (A) In preparing the description required 

4 by clause (i) of paragraph (2)(A), the Director 

5 of the Central Intelligence Agency and the Sec6 retary of State shall coordinate with the head 

7 of the Office of Intelligence and Analysis of the 

8 Department of Treasury and the Director of 

9 the Federal Bureau of Investigation. 

10 (B) In preparing the descriptions required 

11 by clauses (ii) and (iii) of such paragraph, the 

12 Director of the Central Intelligence Agency and 

13 the Secretary of State shall coordinate with the 

14 head of the Office of Intelligence and Analysis 

15 of the Department of the Treasury. 

16 (4) FORM.—Each report under paragraph (1) 

17 shall include an unclassified executive summary, and 

18 may include a classified annex. 

19 (c) SENSE OF CONGRESS.—It is the sense of Con20 gress that the United States should undertake every effort 

21 and pursue every opportunity to expose the corruption and 

22 illicit practices of senior officials of the Government of 

23 China, including President Xi Jinping. 


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1 SEC. 312. REVIEW TO INCREASE AWARENESS OF INFLU2 ENCE OPERATIONS OF THE GOVERNMENT OF 

3 CHINA IN THE UNITED STATES AND 

4 STRENGTHENING TRUST OF LAW ENFORCE5 MENT IN COMMUNITIES. 

6 (a) UPDATES TO ANNUAL REPORTS ON INFLUENCE

7 OPERATIONS AND CAMPAIGNS IN THE UNITED STATES BY

8 THE GOVERNMENT OF CHINA.—Section 1107(b) of the 

9 National Security Act of 1947 (50 U.S.C. 3237(b)) is 

10 amended— 

11 (1) by redesignating paragraph (8) as para12 graph (9); and 

13 (2) by inserting after paragraph (7) the fol14 lowing: 

15 ‘‘(8) An identification of influence activities and 

16 operations, including the use of social media, em17 ployed by the Chinese Communist Party against the 

18 United States science and technology sectors, spe19 cifically employees of the United States Government, 

20 researchers, scientists, and students in the science 

21 and technology sector in the United States, includ22 ing specific examples and data that demonstrates 

23 the scope of such activities and operations.’’. 

24 (b) PLAN FOR FEDERAL BUREAU OF INVESTIGATION

25 TO INCREASE PUBLIC AWARENESS AND DETECTION OF


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1 INFLUENCE ACTIVITIES BY THE GOVERNMENT OF THE

2 PEOPLE’S REPUBLIC OF CHINA.— 

3 (1) PLAN REQUIRED.—Not later than 90 days 

4 after the date of the enactment of this Act, the Di5 rector of the Federal Bureau of Investigation shall 

6 submit to the congressional intelligence committees a 

7 plan— 

8 (A) to increase public awareness of influ9 ence activities by the Government of the Peo10 ple’s Republic of China; and 

11 (B) to publicize mechanisms that members 

12 of the public can use— 

13 (i) to detect such activities; and 

14 (ii) to report such activities to the Bu15 reau. 

16 (2) CONSULTATION.—In carrying out para17 graph (1), the Director shall consult with the fol18 lowing: 

19 (A) The Director of the Office of Science 

20 and Technology Policy. 

21 (B) Such other stakeholders outside the in22 telligence community, including professional as23 sociations, institutions of higher education, and 

24 businesses, as the Director determines relevant. 


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1 (c) RECOMMENDATIONS OF THE FEDERAL BUREAU

2 OF INVESTIGATION TO STRENGTHEN RELATIONSHIPS

3 AND BUILD TRUST WITH COMMUNITIES OF INTEREST.— 

4 (1) IN GENERAL.—The Director of the Federal 

5 Bureau of Investigation shall, in consultation with 

6 the Assistant Attorney General for the Civil Rights 

7 Division and the Chief Privacy and Civil Liberties 

8 Officer of the Department of Justice, develop rec9 ommendations to strengthen relationships with com10 munities targeted by influence activities of the Gov11 ernment of the People’s Republic of China, to pro12 tect due process, civil rights, and civil liberties, and 

13 to build trust with such communities through local 

14 and regional grassroots outreach, drawing from les15 sons learned in the aftermath of September 11, 

16 2001, relating to Muslim, Arab, Sikh, and South 

17 Asian communities. 

18 (2) SUBMITTAL TO CONGRESS.—Not later than 

19 1 year after the date of the enactment of this Act, 

20 the Director shall submit to Congress the rec21 ommendations developed under paragraph (1). 

22 (d) TECHNICAL CORRECTIONS.—The National Secu23 rity Act of 1947 (50 U.S.C. 3001 et seq.) is amended— 

24 (1) in section 1107 (50 U.S.C. 3237)— 


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1 (A) in the section heading, by striking 

2 ‘‘COMMUNIST PARTY OF CHINA’’ and insert3 ing ‘‘CHINESE COMMUNIST PARTY’’; and 

4 (B) by striking ‘‘Communist Party of 

5 China’’ both places it appears and inserting 

6 ‘‘Chinese Communist Party’’; and 

7 (2) in the table of contents before section 2 (50 

8 U.S.C. 3002), by striking the item relating to sec9 tion 1107 and inserting the following new item: 

‘‘Sec. 1107. Annual reports on influence operations and campaigns in the 

United States by the Chinese Communist Party.’’. 

10 SEC. 313. CONFRONTING ANTI-ASIAN RACISM IN THE 

11 UNITED STATES. 

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that— 

14 (1) in the wake of the COVID–19 pandemic, 

15 the United States has seen an alarming rise in the 

16 number of incidents of hate crimes, harassment, and 

17 discrimination targeted at the Asian American com18 munity; 

19 (2) the United States should actively oppose 

20 racism and intolerance in all its forms, including 

21 within the Government of the United States, by re22 fraining from using unofficial terms for COVID–19 

23 that exacerbate prejudice and discrimination, such 

24 as ‘‘Chinese virus’’ and ‘‘Wuhan virus’’; and 


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1 (3) the United States is strongest when it lives 

2 up to its guiding principles, including the embrace of 

3 equality and diversity. 

4 (b) REQUIREMENTS FOR FEDERAL LAW ENFORCE5 MENT AGENCIES.— 

6 (1) DEFINITIONS.—In this subsection: 

7 (A) FEDERAL LAW ENFORCEMENT AGEN8 CY.—The term ‘‘Federal law enforcement agen9 cy’’ means any agency of the United States au10 thorized to engage in or supervise the preven11 tion, detection, investigation, or prosecution of 

12 any violation of Federal criminal law. 

13 (B) RACIAL PROFILING.— 

14 (i) IN GENERAL.—The term ‘‘racial 

15 profiling’’ means the practice of a law en16 forcement agent or agency relying, to any 

17 degree, on actual or perceived race, eth18 nicity, national origin, religion, gender, 

19 gender identity, or sexual orientation in se20 lecting which individual to subject to rou21 tine or spontaneous investigatory activities 

22 or in deciding upon the scope and sub23 stance of law enforcement activity fol24 lowing the initial investigatory procedure, 

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1 tion, relevant to the locality and time2 frame, that links a person with a par3 ticular characteristic described in this 

4 paragraph to an identified criminal inci5 dent or scheme. 

6 (ii) EXCEPTION.—For purposes of 

7 clause (i), a Tribal law enforcement officer 

8 exercising law enforcement authority with9 in Indian country, as that term is defined 

10 in section 1151 of title 18, United States 

11 Code, is not considered to be racial 

12 profiling with respect to making key juris13 dictional determinations that are nec14 essarily tied to reliance on actual or per15 ceived race, ethnicity, or tribal affiliation. 

16 (2) REQUIREMENT TO ESTABLISH POLICIES TO

17 ELIMINATE AND PROHIBIT RACIAL PROFILING.—The 

18 head of each Federal law enforcement agency 

19 shall— 

20 (A) maintain adequate policies and proce21 dures designed to eliminate racial profiling; and 

22 (B) cease any practices in effect on the 

23 date of enactment of this Act that authorize ra24 cial profiling. 


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1 (3) REQUIREMENTS.—The policies and proce2 dures described in paragraph (2)(A) shall include— 

3 (A) a prohibition on racial profiling; 

4 (B) training on racial profiling issues as 

5 part of Federal law enforcement training; 

6 (C) the collection of data in accordance 

7 with the regulations issued by the Attorney 

8 General; 

9 (D) procedures for receiving, investigating, 

10 and responding meaningfully to complaints al11 leging racial profiling by law enforcement 

12 agents; and 

13 (E) any other policies and procedures the 

14 Attorney General determines to be necessary to 

15 eliminate racial profiling by Federal law en16 forcement agencies. 

17 TITLE IV—INVESTING IN OUR 

18 ECONOMIC STATECRAFT 

19 SEC. 401. APPROPRIATE CONGRESSIONAL COMMITTEES 

20 DEFINED. 

21 In this title, the term ‘‘appropriate congressional 

22 committees’’ means— 

23 (1) the Committee on Foreign Relations, the 

24 Committee on Banking, Housing, and Urban Af25 fairs, the Committee on Finance, the Committee on 


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1 Health, Education, Labor, and Pensions, and the 

2 Committee on Appropriations of the Senate; and 

3 (2) the Committee on Foreign Affairs, the 

4 Committee on Financial Services, the Committee on 

5 Ways and Means, the Committee on Energy and 

6 Commerce, and the Committee on Appropriations of 

7 the House of Representatives. 

8 SEC. 402. AUTHORIZATION OF ADDITIONAL APPROPRIA9 TIONS. 

10 There are authorized to be appropriated to the Com11 mittee on Foreign Investment in the United States Fund 

12 established under section 721(p) of the Defense Produc13 tion Act of 1950 (50 U.S.C. 4565(p)), the United States 

14 Trade Representative, the Secretary of Commerce, the 

15 Secretary of the Treasury, the Federal Trade Commission, 

16 and the Commissioner of U.S. Customs and Border Pro17 tection such sums as may be necessary for each such enti18 ty to carry out the responsibilities of the entity under this 

19 title. 

20 Subtitle A—Trade Enforcement 

21 SEC. 411. AUTHORITY TO REVIEW INBOUND AND OUT22 BOUND INVESTMENT. 

23 (a) IN GENERAL.—The Trade Act of 1974 (19 

24 U.S.C. 2102 et seq.) is amended by adding at the end 

25 the following: 


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1 ‘‘TITLE X—AUTHORITY TO RE2 VIEW INBOUND AND OUT3 BOUND INVESTMENT 

4 ‘‘SEC. 1001. DEFINITIONS. 

5 ‘‘In this title: 

6 ‘‘(1) COMMITTEE.—The term ‘Committee’ 

7 means the Committee on Production Integrity in the 

8 United States established under section 1002. 

9 ‘‘(2) CONTROL.—The term ‘control’ means the 

10 power, whether direct or indirect and whether or not 

11 exercised, to make decisions or cause or direct deci12 sions to be made with respect to important matters 

13 affecting an entity, through— 

14 ‘‘(A) the ownership of a majority or a 

15 dominant minority of the total outstanding vot16 ing interest in the entity; 

17 ‘‘(B) representation on the board of direc18 tors of the entity; 

19 ‘‘(C) proxy voting on the board of directors 

20 of the entity; 

21 ‘‘(D) a special share in the entity; 

22 ‘‘(E) a contractual arrangement with the 

23 entity; 

24 ‘‘(F) a formal or informal arrangement to 

25 act in concert with the entity; or 


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1 ‘‘(G) any other means. 

2 ‘‘(3) COVERED BUSINESS.—The term ‘covered 

3 business’ means— 

4 ‘‘(A) a publicly traded United States busi5 ness conducting business activities in non6 market economy countries or with state-owned 

7 enterprises through direct investments, joint 

8 ventures, partnerships, or substantial purchase 

9 or service contracts valued at more than 

10 $100,000,000 per year in the aggregate; and 

11 ‘‘(B) any other United States business that 

12 produces or imports into the United States 

13 more than 5 percent of the total quantity of 

14 covered products sold in the United States in a 

15 year. 

16 ‘‘(4) COVERED PRODUCT.—The term ‘covered 

17 product’ means a supply identified by the Committee 

18 under section 1003(1)(A). 

19 ‘‘(5) CRISIS PREPAREDNESS.—The term ‘crisis 

20 preparedness’ means preparedness for national cri21 ses, including public health emergencies or natural 

22 disasters. 

23 ‘‘(6) NONMARKET ECONOMY COUNTRY.—The 

24 term ‘nonmarket economy country’ has the meaning 


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1 given that term in section 771(18) of the Tariff Act 

2 of 1930 (19 U.S.C. 1677(18)). 

3 ‘‘(7) PUBLICLY TRADED.— 

4 ‘‘(A) IN GENERAL.—The term ‘publicly 

5 traded’, with respect to an entity, means that 

6 the entity is an issuer of securities that are list7 ed on an exchange registered under section 6 of 

8 the Securities Exchange Act of 1934 (15 

9 U.S.C. 78f). 

10 ‘‘(B) ISSUER; SECURITIES.—For purposes 

11 of subparagraph (A), the terms ‘issuer’ and ‘se12 curity’ have the meanings given those terms in 

13 section 3(a) of the Securities Exchange Act of 

14 1934 (15 U.S.C. 78c). 

15 ‘‘(8) STATE-OWNED ENTERPRISE.—The term 

16 ‘state-owned enterprise’ means— 

17 ‘‘(A) an entity that is owned by, controlled 

18 by, or under the influence of, a national, provin19 cial, or local government in a foreign country or 

20 an agency of such a government; or 

21 ‘‘(B) an individual acting under the direc22 tion or the influence of a government or agency 

23 described in subparagraph (A). 


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1 ‘‘(9) UNITED STATES BUSINESS.—The term 

2 ‘United States business’ means a person engaged in 

3 interstate commerce in the United States. 

4 ‘‘SEC. 1002. COMMITTEE ON PRODUCTION INTEGRITY IN 

5 THE UNITED STATES. 

6 ‘‘(a) ESTABLISHMENT.—There is established a com7 mittee, to be known as the ‘Committee on Production In8 tegrity in the United States’. 

9 ‘‘(b) MEMBERSHIP.—The Committee shall be com10 posed of the following: 

11 ‘‘(1) The United States Trade Representative, 

12 who shall serve as the chairperson of the Committee. 

13 ‘‘(2) The Secretary of Commerce. 

14 ‘‘(3) The Secretary of Defense. 

15 ‘‘(4) The Secretary of the Treasury. 

16 ‘‘(5) The Secretary of Homeland Security. 

17 ‘‘(6) The Secretary of State. 

18 ‘‘(7) The Attorney General. 

19 ‘‘(8) The Secretary of Energy. 

20 ‘‘(9) The Secretary of Labor. 

21 ‘‘(10) The Secretary of Health and Human 

22 Services. 

23 ‘‘(11) The Secretary of Agriculture. 

24 ‘‘(12) The Administrator of the Federal Emer25 gency Management Agency. 


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1 ‘‘(13) The Administrator of the Environmental 

2 Protection Agency. 

3 ‘‘(14) The heads of such other agencies as the 

4 United States Trade Representative considers appro5 priate. 

6 ‘‘(c) DUTIES.—The Committee shall— 

7 ‘‘(1) conduct a review and issue a regular re8 port on domestic manufacturing and supply chain 

9 resilience in accordance with section 1003; 

10 ‘‘(2) review annual reports submitted by cov11 ered businesses under section 1004; 

12 ‘‘(3) review outbound investments related to 

13 nonmarket economy countries or involving state14 owned enterprises under section 1005; and 

15 ‘‘(4) review inbound investments for economic 

16 effect and certain supply chain concerns under sec17 tion 1006. 

18 ‘‘SEC. 1003. REPORT ON DOMESTIC MANUFACTURING AND 

19 SUPPLY CHAIN RESILIENCE FOR CRITICAL 

20 SUPPLIES. 

21 ‘‘Not later than one year after the date of the enact22 ment of this title, and not less frequently than every 3 

23 years thereafter, the Committee shall submit to Congress 

24 a report— 

25 ‘‘(1) identifying— 


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1 ‘‘(A) supplies critical to the crisis pre2 paredness of the United States, such as medical 

3 supplies, personal protective equipment, disaster 

4 response necessities, electrical generation tech5 nology, materials essential to infrastructure re6 pair and renovation, and other supplies identi7 fied by the Committee; and 

8 ‘‘(B) industries that produce such supplies; 

9 ‘‘(2) describing— 

10 ‘‘(A) the current domestic manufacturing 

11 base and supply chains for those supplies, in12 cluding raw materials and other goods essential 

13 to the production of those supplies; and 

14 ‘‘(B) the ability of the United States to 

15 maintain readiness and to surge production of 

16 those supplies in response to an emergency; 

17 ‘‘(3) identifying defense, intelligence, homeland, 

18 economic, natural, geopolitical, or other contin19 gencies that may disrupt, strain, compromise, or 

20 eliminate the supply chain for those supplies; 

21 ‘‘(4) assessing the resiliency and capacity of the 

22 domestic manufacturing base and supply chains to 

23 support the need for those supplies, including any 

24 single points of failure in those supply chains; 


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1 ‘‘(5) assessing flexible manufacturing capacity 

2 available in the United States in cases of emergency; 

3 and 

4 ‘‘(6) making specific recommendations to im5 prove the security and resiliency of domestic manu6 facturing capacity and supply chains, including the 

7 development of sector-based plans for reshoring 

8 manufacturing and for supply chain optimization de9 signed to help manufacturers build domestic supply 

10 chains in critical supplies by— 

11 ‘‘(A) developing long-term strategies; 

12 ‘‘(B) increasing visibility throughout mul13 tiple supplier tiers; 

14 ‘‘(C) identifying and mitigating risks; 

15 ‘‘(D) identifying enterprise resource plan16 ning systems that are compatible across supply 

17 chain tiers and are affordable for small- and 

18 medium-sized enterprises; 

19 ‘‘(E) understanding the total cost of own20 ership, total value contribution, and other best 

21 practices that encourage strategic partnerships 

22 throughout the supply chain; 

23 ‘‘(F) understanding Federal procurement 

24 opportunities to fulfill requirements for buying 


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1 domestically sourced goods and services and fill 

2 gaps in domestic purchasing; 

3 ‘‘(G) understanding how advanced digital 

4 technology, including artificial intelligence, ro5 botics, 3D printing, and cloud computing, can 

6 improve the security and resiliency of domestic 

7 manufacturing capacity and supply chains; and 

8 ‘‘(H) identifying such other services as the 

9 Committee considers necessary. 

10 ‘‘SEC. 1004. RESPONSIBLE INVESTMENT REPORTING RE11 QUIREMENT. 

12 ‘‘(a) REQUIREMENT FOR REPORTS.— 

13 ‘‘(1) IN GENERAL.—A covered business shall, 

14 not less frequently than annually, submit to the 

15 Committee a report that— 

16 ‘‘(A) identifies— 

17 ‘‘(i) patented technology and processes 

18 and any other proprietary information of 

19 the business that was sold or disclosed, 

20 during the year preceding submission of 

21 the report, to another entity in the course 

22 of business activities in a nonmarket econ23 omy country or with a state-owned enter24 prise; 


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1 ‘‘(ii) any instances of the forced trans2 fer of technology or related processes or in3 formation or intellectual property theft or 

4 suspected intellectual property theft, dur5 ing the year preceding submission of the 

6 report, in the course of business activities 

7 in a nonmarket economy country or related 

8 to a state-owned enterprise; and 

9 ‘‘(iii) corporate policies of and meas10 ures taken by the business to avoid inad11 vertent disclosure or theft of intellectual 

12 property or the forced transfer of tech13 nology or related processes or information; 

14 ‘‘(B) identifies— 

15 ‘‘(i) censorship required, directly or 

16 indirectly, by the government of a non17 market economy country in which the busi18 ness conducts business activities or by a 

19 government that owns, controls, or influ20 ences a state-owned enterprise with which 

21 the business conducts such activities, for 

22 the business to conduct business activities 

23 in that country or with that enterprise; 

24 and 


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1 ‘‘(ii) corporate policies on providing 

2 information about censorship activity or 

3 the activity of its customers or users to a 

4 government described in clause (i); and 

5 ‘‘(C) includes a summary of human rights, 

6 worker rights, forced labor supply chain, 

7 anticorruption, and environmental policies of 

8 the business related to the business operations 

9 and supply chains of the business in nonmarket 

10 economy countries or with state-owned enter11 prises. 

12 ‘‘(2) TREATMENT OF BUSINESS CONFIDENTIAL

13 INFORMATION.—A covered business shall submit 

14 each report required by paragraph (1) to the Com15 mittee— 

16 ‘‘(A) in a form that includes business con17 fidential information; and 

18 ‘‘(B) in a form that omits business con19 fidential information and is appropriate for dis20 closure to the public. 

21 ‘‘(b) REVIEW BY COMMITTEE.—The Committee shall 

22 review the reports submitted by covered businesses under 

23 subsection (a). 


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1 ‘‘SEC. 1005. REVIEW OF OUTBOUND INVESTMENT. 

2 ‘‘(a) MANDATORY NOTIFICATION.—A covered busi3 ness that engages in a transaction described in subsection 

4 (b) shall submit a written notification of the transaction 

5 to the Committee. 

6 ‘‘(b) TRANSACTIONS DESCRIBED.—A transaction de7 scribed in this subsection is a transaction proposed or 

8 pending on or after the date of the enactment of this title 

9 that— 

10 ‘‘(1)(A) is a merger with, acquisition or take11 over of, joint venture with, or investment in, an enti12 ty in a nonmarket economy country; or 

13 ‘‘(B) results in the establishment of a new enti14 ty in such a country; and 

15 ‘‘(2)(A) in the case of a transaction involving a 

16 state-owned enterprise, is valued at $50,000,000 or 

17 more; or 

18 ‘‘(B) in the case of any other transaction, is 

19 valued at $1,000,000,000 or more. 

20 ‘‘(c) REVIEW.— 

21 ‘‘(1) IN GENERAL.—Not later than 60 days 

22 after receiving written notification under subsection 

23 (a) of a transaction described in subsection (b), the 

24 Committee shall— 

25 ‘‘(A) review the transaction to determine if 

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1 tion or concentration of production of covered 

2 products or inputs for covered products in a 

3 manner that poses a risk with respect to the 

4 national security and crisis preparedness of the 

5 United States or the supply of covered products 

6 for the United States, considering factors speci7 fied in subsection (d); and 

8 ‘‘(B) if the Committee determines under 

9 subparagraph (A) that the transaction poses a 

10 risk described in that subparagraph, rec11 ommend to the President that appropriate ac12 tion be taken to address or mitigate that risk, 

13 such as— 

14 ‘‘(i) procurement by the Federal Gov15 ernment of covered products produced in 

16 the United States; 

17 ‘‘(ii) use of authorities under the De18 fense Production Act of 1950 (50 U.S.C. 

19 4501 et seq.) to increase the production of 

20 covered products in the United States; 

21 ‘‘(iii) the use or establishment of Fed22 eral programs to provide subsidies or in23 vestments for the production of covered 

24 products in the United States; 


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1 ‘‘(iv) the conduct of an investigation 

2 under section 232 of the Trade Expansion 

3 Act of 1962 (19 U.S.C. 1862) with respect 

4 to covered products; or 

5 ‘‘(v) such other actions as the Com6 mittee considers appropriate. 

7 ‘‘(2) UNILATERAL INITIATION OF REVIEW.— 

8 The Committee may initiate a review under para9 graph (1) of a transaction described in subsection 

10 (b) for which written notification is not submitted 

11 under subsection (a). 

12 ‘‘(3) INITIATION OF REVIEW BY REQUEST FROM

13 CONGRESS.—The Committee shall initiate a review 

14 under paragraph (1) of a transaction described in 

15 subsection (b) (determined without regard to the 

16 value of the transaction under subparagraph (A) or 

17 (B) of subsection (b)(2)) if the chairperson and the 

18 ranking member of the Committee on Finance of the 

19 Senate or the Committee on Ways and Means of the 

20 House of Representatives request the Committee to 

21 review the transaction. 

22 ‘‘(d) FACTORS TO BE CONSIDERED.—In reviewing 

23 and making a determination with respect to a transaction 

24 under subsection (c)(1), the Committee shall consider any 

25 factors relating to the economy, national security, or crisis 


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1 preparedness of the United States that the Committee 

2 considers relevant, including— 

3 ‘‘(1) the long-term strategic economic, national 

4 security, and crisis preparedness interests of the 

5 United States; 

6 ‘‘(2) the history of distortive trade practices in 

7 each country in which a foreign party to the trans8 action is domiciled; 

9 ‘‘(3) control and beneficial ownership (as deter10 mined in accordance with section 847 of the Na11 tional Defense Authorization Act for Fiscal Year 

12 2020 (Public Law 116–92)) of each foreign person 

13 that is a party to the transaction; 

14 ‘‘(4) impact on the domestic industry and re15 sulting resiliency, taking into consideration any pat16 tern of foreign investment in the domestic industry; 

17 and 

18 ‘‘(5) any other factors the Committee considers 

19 appropriate. 

20 ‘‘(e) REPORT TO CONGRESS.—The Committee shall, 

21 not less frequently than annually, submit to the Com22 mittee on Finance of the Senate and the Committee on 

23 Ways and Means of the House of Representatives a re24 port— 


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1 ‘‘(1) describing, for the year preceding submis2 sion of the report— 

3 ‘‘(A) the notifications received under sub4 section (a) and reviews conducted pursuant to 

5 such notifications; 

6 ‘‘(B) reviews initiated under paragraph (2) 

7 or (3) of subsection (c); 

8 ‘‘(C) actions recommended by the Com9 mittee under subsection (c)(1)(B) as a result of 

10 such reviews; and 

11 ‘‘(D) reviews during which the Committee 

12 determined no action was required; and 

13 ‘‘(2) assessing the overall impact of such re14 views on the economy, national security, and crisis 

15 preparedness of the United States. 

16 ‘‘SEC. 1006. REVIEW OF INBOUND INVESTMENT. 

17 ‘‘(a) MANDATORY NOTIFICATION BY PARTIES.— 

18 Each party to a transaction described in subsection (b) 

19 shall submit a written notification of the transaction to 

20 the Committee. 

21 ‘‘(b) TRANSACTIONS DESCRIBED.—A transaction de22 scribed in this subsection is any transaction, by or with 

23 any person, proposed or pending after the date of the en24 actment of this title that— 


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1 ‘‘(1)(A) is a merger with, acquisition or take2 over of, or investment in, an entity; or 

3 ‘‘(B) results in the establishment of a new enti4 ty; and 

5 ‘‘(2) could result in foreign control of any cov6 ered business; and 

7 ‘‘(3)(A) in the case of a transaction involving a 

8 state-owned enterprise, is valued at $50,000,000 or 

9 more; or 

10 ‘‘(B) in the case of any other transaction, is 

11 valued at $1,000,000,000 or more. 

12 ‘‘(c) REVIEW.— 

13 ‘‘(1) IN GENERAL.—Upon receiving written no14 tification under subsection (a) of a transaction de15 scribed in subsection (b), the Committee shall— 

16 ‘‘(A) review the transaction to determine— 

17 ‘‘(i) the economic effect of the trans18 action on the United States, based on the 

19 factors described in subsection (e); and 

20 ‘‘(ii) whether the transaction creates a 

21 risk with respect to the crisis preparedness 

22 of the United States or the supply of cov23 ered products for the United States; and 


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1 ‘‘(B) based on the results of the review, 

2 take appropriate action under subsection (d) 

3 with respect to the transaction. 

4 ‘‘(2) UNILATERAL INITIATION OF REVIEW.— 

5 The Committee may initiate a review under para6 graph (1) of a transaction described in subsection 

7 (b) for which written notification is not submitted 

8 under subsection (a). 

9 ‘‘(3) INITIATION OF REVIEW BY REQUEST FROM

10 CONGRESS.—The Committee shall initiate a review 

11 under paragraph (1) of a transaction described in 

12 subsection (b) (determined without regard to the 

13 value of the transaction under subparagraph (A) or 

14 (B) of subsection (b)(3)) if the chairperson and the 

15 ranking member of the Committee on Finance of the 

16 Senate or the Committee on Ways and Means of the 

17 House of Representatives request the Committee to 

18 review the transaction. 

19 ‘‘(d) ACTION.— 

20 ‘‘(1) ACTION AFTER INITIAL REVIEW.—Not 

21 later than 15 days after receiving a written notifica22 tion of a transaction under subsection (a) or initi23 ating a review of a transaction under paragraph (2) 

24 or (3) of subsection (b), as the case may be, the 

25 Committee shall— 


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1 ‘‘(A) approve the transaction; or 

2 ‘‘(B) inform the parties to the transaction 

3 that the Committee requires additional time to 

4 conduct a more thorough review of the trans5 action. 

6 ‘‘(2) ACTION AFTER EXTENDED REVIEW.— 

7 ‘‘(A) IN GENERAL.—Subject to subpara8 graph (B), if the Committee informs the parties 

9 to a transaction under paragraph (1)(B) that 

10 the Committee requires additional time to con11 duct a more thorough review, the Committee 

12 shall, not later than 45 days after receiving the 

13 written notification of the transaction under 

14 subsection (a) or initiating a review of the 

15 transaction under paragraph (2) or (3) of sub16 section (c), as the case may be— 

17 ‘‘(i) complete that review; and 

18 ‘‘(ii) approve the transaction, prohibit 

19 the transaction, or require the parties to 

20 the transaction to modify the transaction 

21 and resubmit the modified transaction to 

22 the Committee for review under this sec23 tion. 

24 ‘‘(B) EXTENSION OF DEADLINE.—The 

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1 paragraph (A) with respect to the review of a 

2 transaction by not more than 15 days. 

3 ‘‘(3) CASES OF INACCURATE OR INADEQUATE

4 INFORMATION.—The Committee may prohibit a 

5 transaction under this subsection if the Committee 

6 determines that any party to the transaction pro7 vides to the Committee inaccurate or inadequate in8 formation in response to inquiries of the Committee 

9 as part of a review of the transaction under sub10 section (c). 

11 ‘‘(4) PUBLIC AVAILABILITY OF DECISION.— 

12 Each decision under this subsection to approve, pro13 hibit, or allow for modification of a transaction, and 

14 a justification for each such decision, shall be made 

15 available to the public. 

16 ‘‘(e) FACTORS TO BE CONSIDERED.—In taking ac17 tion with respect to a transaction under subsection (d), 

18 the Committee shall consider any economic and crisis pre19 paredness factors the Committee considers relevant, in20 cluding— 

21 ‘‘(1) the long-term strategic economic and crisis 

22 preparedness interests of the United States; 

23 ‘‘(2) the history of distortive trade practices in 

24 each country in which a foreign party to the trans25 action is domiciled; 


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1 ‘‘(3) control and beneficial ownership (as deter2 mined in accordance with section 847 of the Na3 tional Defense Authorization Act for Fiscal Year 

4 2020 (Public Law 116–92)) of each foreign person 

5 that is a party to the transaction; 

6 ‘‘(4) impact on the domestic industry, taking 

7 into consideration any pattern of foreign investment 

8 in the domestic industry; and 

9 ‘‘(5) any other factors the Committee considers 

10 appropriate. 

11 ‘‘(f) PUBLIC COMMENTS.—The Committee shall— 

12 ‘‘(1) make available to the public each written 

13 notification submitted under subsection (a) with re14 spect to a transaction described in subsection (b) 

15 and notify the public if the Committee initiates a re16 view under paragraph (2) or (3) of subsection (c) 

17 with respect to a transaction; and 

18 ‘‘(2) in the case of a transaction that the Com19 mittee determines under subsection (d)(1)(B) re20 quires additional time for review, provide a period 

21 for public comment on the transaction of not more 

22 than 10 days. 

23 ‘‘(g) COORDINATION WITH COMMITTEE ON FOREIGN

24 INVESTMENT IN THE UNITED STATES.— 


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1 ‘‘(1) IN GENERAL.—In the case of a transaction 

2 undergoing review under this section and section 

3 721 of the Defense Production Act of 1950 (50 

4 U.S.C. 4565), the Committee shall coordinate with 

5 the Secretary of the Treasury with respect to those 

6 reviews. 

7 ‘‘(2) REVIEW OF NATIONAL SECURITY CON8 CERNS.—Review of any threat posed by a trans9 action to the national security of the United States 

10 shall be conducted by the Committee on Foreign In11 vestment in the United States under section 721 of 

12 the Defense Production Act of 1950 and not under 

13 this section. 

14 ‘‘(h) REPORT TO CONGRESS.—The Committee shall, 

15 not less frequently than annually, submit to the Com16 mittee on Finance of the Senate and the Committee on 

17 Ways and Means of the House of Representatives a re18 port— 

19 ‘‘(1) describing, for the year preceding submis20 sion of the report— 

21 ‘‘(A) the notifications received under sub22 section (a) with respect to transactions de23 scribed in subsection (b) and reviews conducted 

24 pursuant to such notifications; 


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1 ‘‘(B) reviews initiated under paragraph (2) 

2 or (3) of subsection (c) with respect to such 

3 transactions; and 

4 ‘‘(C) whether the Committee approved, 

5 prohibited, or allowed for modification of each 

6 such transaction; and 

7 ‘‘(2) assessing the overall impact of such re8 views on the economy and crisis preparedness of the 

9 United States.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents 

11 for the Trade Act of 1974 is amended by adding at the 

12 end the following: 

‘‘TITLE X—AUTHORITY TO REVIEW INBOUND AND OUTBOUND 

INVESTMENT 

‘‘Sec. 1001. Definitions. 

‘‘Sec. 1002. Committee on Production Integrity in the United States. 

‘‘Sec. 1003. Report on domestic manufacturing and supply chain resilience for 

critical supplies. 

‘‘Sec. 1004. Responsible investment reporting requirement. 

‘‘Sec. 1005. Review of outbound investment. 

‘‘Sec. 1006. Review of inbound investment.’’. 

13 SEC. 412. ESTABLISHMENT OF SPECIAL INVESTIGATIONS 

14 UNIT IN OFFICE OF THE UNITED STATES 

15 TRADE REPRESENTATIVE. 

16 (a) SENSE OF CONGRESS.—It is the sense of Con17 gress that the United States Trade Representative must 

18 proactively and independently investigate practices of 

19 countries that are trading partners of the United States 

20 in order to identify and address violations of trade agreeVerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00546 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629

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1 ments and other practices that have systemic, diffuse im2 pacts on the economy and workers of the United States. 

3 (b) ESTABLISHMENT OF SPECIAL INVESTIGATIONS

4 UNIT.—Section 141 of the Trade Act of 1974 (19 U.S.C. 

5 2171) is amended by adding at the end the following: 

6 ‘‘(i) SPECIAL INVESTIGATIONS UNIT.— 

7 ‘‘(1) IN GENERAL.—There is established in the 

8 Office of the United States Trade Representative a 

9 Special Investigations Unit, which shall report to the 

10 general counsel of the Office. 

11 ‘‘(2) INVESTIGATIONS.— 

12 ‘‘(A) IN GENERAL.—The Special Investiga13 tions Unit shall be responsible for inves14 tigating— 

15 ‘‘(i) potential violations of trade 

16 agreements to which the United States is 

17 a party; and 

18 ‘‘(ii) other acts, policies, or practices 

19 of a foreign government that are unjustifi20 able, unreasonable, or discriminatory and 

21 burden or restrict United States commerce 

22 as described in section 301. 

23 ‘‘(B) PRIORITIZATION.—The Special Inves24 tigations Unit shall prioritize investigations 

25 under subparagraph (A) involving— 


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1 ‘‘(i) countries that are major trading 

2 partners of the United States; or 

3 ‘‘(ii) violations described in clause (i) 

4 of subparagraph (A) or acts, policies, or 

5 practices described in clause (ii) of that 

6 subparagraph that have a systemic or dif7 fuse impact on the economy of the United 

8 States across industries. 

9 ‘‘(3) AUTHORITIES.— 

10 ‘‘(A) IN GENERAL.—The Special Investiga11 tions Unit shall have the power— 

12 ‘‘(i) subject to subparagraph (B), to 

13 require by subpoena the production of all 

14 information, documents, reports, answers, 

15 records, accounts, papers, and other data 

16 in any medium (including electronically 

17 stored information), as well as any tangible 

18 thing and documentary evidence necessary 

19 in the performance of the functions as20 signed by this subsection, which subpoena, 

21 in the case of contumacy or refusal to 

22 obey, shall be enforceable by order of any 

23 appropriate United States district court; 

24 and 


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1 ‘‘(ii) to request such information or 

2 assistance as may be necessary for car3 rying out the duties and responsibilities 

4 provided by this subsection from any Fed5 eral, State, or local governmental agency 

6 or unit thereof. 

7 ‘‘(B) INFORMATION FROM FEDERAL AGEN8 CIES.—The Special Investigations Unit shall 

9 use procedures other than subpoenas to obtain 

10 documents and information from Federal agen11 cies.’’. 

12 SEC. 413. ESTABLISHMENT OF INSPECTOR GENERAL OF 

13 THE OFFICE OF THE UNITED STATES TRADE 

14 REPRESENTATIVE. 

15 (a) DEFINITIONS.—Section 12 of the Inspector Gen16 eral Act of 1978 (5 U.S.C. App.) is amended— 

17 (1) in paragraph (1), by striking ‘‘or the Direc18 tor of the National Reconnaissance Office’’ and in19 serting ‘‘the Director of the National Reconnais20 sance Office; or the United States Trade Represent21 ative’’; and 

22 (2) in paragraph (2), by striking ‘‘or the Na23 tional Reconnaissance Office’’ and inserting ‘‘the 

24 National Reconnaissance Office, or the Office of the 

25 United States Trade Representative,’’. 


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1 (b) APPOINTMENT OF INSPECTOR GENERAL.—Not 

2 later than 120 days after the date of the enactment of 

3 this Act, the President shall appoint an individual to serve 

4 as the Inspector General of the Office for the United 

5 States Trade Representative in accordance with section 

6 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.). 

7 SEC. 414. AUDIT OF PROCESS FOR SEEKING EXCLUSIONS 

8 FROM CERTAIN DUTIES. 

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

10 date of the enactment of this Act, the Inspector General 

11 of the Office of the United States Trade Representative 

12 shall commence conducting an audit of the process estab13 lished by the United States Trade Representative for ex14 cluding articles from duties imposed under section 301 of 

15 the Trade Act of 1974 (19 U.S.C. 2411) with respect to 

16 articles imported from the People’s Republic of China. 

17 (b) ELEMENTS.—In conducting the audit required by 

18 subsection (a), the Inspector General shall assess wheth19 er— 

20 (1) all information used to make determinations 

21 with respect to requests for or objections to exclu22 sions described in that subsection was included in 

23 the official record; and 

24 (2) officials of the Office of the United States 

25 Trade Representative— 


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1 (A) uniformly applied the criteria used to 

2 review such requests or objections to all persons 

3 that submitted such requests or objections, as 

4 the case may be; 

5 (B) changed the criteria used to review 

6 such requests or objections while such requests 

7 or objections, as the case may be, were pending; 

8 (C) met with any interested parties to dis9 cuss such requests or objections while such re10 quests or objections, as the case may be, were 

11 pending; 

12 (D) at any time permitted the resubmis13 sion of a previously submitted request or objec14 tion after the submission deadline; and 

15 (E) uniformly allowed persons that sub16 mitted such requests or objections to submit ad17 ditional information at any time while such re18 quests or objections, as the case may be, were 

19 under review. 

20 SEC. 415. IDENTIFICATION OF AND ACCOUNTABILITY WITH 

21 RESPECT TO GOVERNMENT-COERCED CEN22 SORSHIP. 

23 (a) IN GENERAL.—Chapter 8 of title I of the Trade 

24 Act of 1974 is amended by adding at the end the fol25 lowing: 


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1 ‘‘SEC. 183. IDENTIFICATION OF COUNTRIES THAT DISRUPT 

2 DIGITAL TRADE. 

3 ‘‘(a) IN GENERAL.—By not later than the date that 

4 is 30 days after the date on which the annual report is 

5 submitted to congressional committees under section 

6 181(b), the United States Trade Representative (in this 

7 section referred to as the ‘Trade Representative’) shall 

8 identify, in accordance with subsection (b), foreign coun9 tries that are trading partners of the United States that 

10 engage in acts, policies, or practices that disrupt digital 

11 trade activities, including— 

12 ‘‘(1) coerced censorship in their own markets or 

13 extraterritorially; and 

14 ‘‘(2) other eCommerce and digital practices 

15 with the goal, or substantial effect, of promoting 

16 censorship or extrajudicial data access that dis17 advantage United States persons. 

18 ‘‘(b) REQUIREMENTS FOR IDENTIFICATIONS.—In 

19 identifying countries under subsection (a), the Trade Rep20 resentative shall identify only foreign countries that— 

21 ‘‘(1) disrupt digital trade in a discriminatory or 

22 trade distorting manner with the goal, or substantial 

23 effect, of promoting censorship or extrajudicial data 

24 access; 

25 ‘‘(2) deny fair and equitable market access to 

26 United States digital service providers with the goal, 


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1 or substantial effect, of promoting censorship or 

2 extrajudicial data access; or 

3 ‘‘(3) engage in coerced censorship or extra-judi4 cial data access so as to harm the integrity of serv5 ices or products provided by United States persons 

6 in the market of that country, the United States 

7 market, or other markets. 

8 ‘‘(c) DESIGNATION OF PRIORITY FOREIGN COUN9 TRIES.— 

10 ‘‘(1) IN GENERAL.—The Trade Representative 

11 shall designate as priority foreign countries the for12 eign countries identified under subsection (a) that— 

13 ‘‘(A) engage in the most onerous or egre14 gious acts, policies, or practices, that have the 

15 greatest impact on the United States; and 

16 ‘‘(B) are not negotiating or otherwise mak17 ing progress to end those acts, policies, or prac18 tices. 

19 ‘‘(2) REVOCATIONS AND ADDITIONAL IDENTI20 FICATIONS.— 

21 ‘‘(A) IN GENERAL.—The Trade Represent22 ative may at any time, if information available 

23 to the Trade Representative indicates that such 

24 action is appropriate— 


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1 ‘‘(i) revoke the identification of any 

2 foreign country as a priority foreign coun3 try under paragraph (1); or 

4 ‘‘(ii) identify any foreign country as a 

5 priority foreign country under that para6 graph. 

7 ‘‘(B) REPORT ON REASONS FOR REVOCA8 TION.—The Trade Representative shall include 

9 in the semiannual report submitted to Congress 

10 under section 309(3) a detailed explanation of 

11 the reasons for the revocation under subpara12 graph (A) of the identification of any foreign 

13 country as a priority foreign country under 

14 paragraph (1). 

15 ‘‘(d) REFERRAL TO ATTORNEY GENERAL OR INVES16 TIGATION.—If the Trade Representative identifies an in17 stance in which a foreign country designated as a priority 

18 foreign country under subsection (c) has pressured online 

19 service providers to inhibit free speech in the United 

20 States, the Trade Representative shall— 

21 ‘‘(1) refer the instance to the Attorney General; 

22 or 

23 ‘‘(2) initiate an investigation under section 302 

24 and, if appropriate, consider a remedy of barring 

25 such providers and similar entities of that foreign 


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1 country from operating in the United States until 

2 the issue is resolved. 

3 ‘‘(e) PUBLICATION.—The Trade Representative shall 

4 publish in the Federal Register a list of foreign countries 

5 identified under subsection (a) and foreign countries des6 ignated as priority foreign countries under subsection (c) 

7 and shall make such revisions to the list as may be re8 quired by reason of action under subsection (c)(2). 

9 ‘‘(f) ANNUAL REPORT.—Not later than 30 days after 

10 the date on which the Trade Representative submits the 

11 National Trade Estimate under section 181(b), the Trade 

12 Representative shall submit to the Committee on Ways 

13 and Means of the House of Representatives and the Com14 mittee on Finance of the Senate a report on actions taken 

15 under this section during the 12 months preceding such 

16 report, and the reasons for such actions, including— 

17 ‘‘(1) a list of any foreign countries identified 

18 under subsection (a); and 

19 ‘‘(2) a description of progress made in decreas20 ing disruptions to digital trade.’’. 

21 (b) INVESTIGATIONS UNDER TITLE III OF THE

22 TRADE ACT OF 1974.—Section 302(b)(2) of the Trade 

23 Act of 1974 (19 U.S.C. 2412(b)(2)) is amended— 

24 (1) in subparagraph (A), in the matter pre25 ceding clause (i), by inserting ‘‘or designated as a 


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1 priority foreign country under section 183(c)’’ after 

2 ‘‘section 182(a)(2)’’; and 

3 (2) in subparagraph (D), by striking ‘‘by reason 

4 of subparagraph (A)’’ and inserting ‘‘with respect to 

5 a country identified under section 182(a)(2)’’. 

6 (c) CLERICAL AMENDMENT.—The table of contents 

7 for the Trade Act of 1974 is amended by inserting after 

8 the item relating to section 182 the following: 

‘‘Sec. 183. Identification of countries that disrupt digital trade.’’. 

9 SEC. 416. REPORTS ON AGREEMENTS TO RESOLVE DIS10 PUTES UNDER SECTION 301 OF THE TRADE 

11 ACT OF 1974. 

12 Section 301 of the Trade Act of 1974 (19 U.S.C. 

13 2411) is amended by adding at the end the following: 

14 ‘‘(e) REPORTS ON AGREEMENTS TO RESOLVE DIS15 PUTES UNDER THIS SECTION.— 

16 ‘‘(1) REPORTS ON AGREEMENTS WITH THE

17 PEOPLE’S REPUBLIC OF CHINA.—Not later than 90 

18 days after the date of the enactment of this sub19 section, and every 90 days thereafter, the United 

20 States International Trade Commission shall submit 

21 to the Committee on Finance of the Senate, the 

22 Committee on Ways and Means of the House of 

23 Representatives, and the President a report on the 

24 compliance of the People’s Republic of China with 

25 each provision of— 


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1 ‘‘(A) the Economic and Trade Agreement 

2 Between the Government of the United States 

3 of America and the Government of China, dated 

4 January 15, 2020 (commonly referred to as the 

5 ‘Phase I Trade Deal’); and 

6 ‘‘(B) any other agreement entered into 

7 with the People’s Republic of China to resolve 

8 a dispute relating to a matter under investiga9 tion under this title. 

10 ‘‘(2) REPORTS ON OTHER AGREEMENTS.— 

11 ‘‘(A) IN GENERAL.—Not later than 180 

12 days after the United States enters into any 

13 agreement with a foreign country to settle or 

14 resolve a trade dispute relating to a matter 

15 under investigation under this title, the United 

16 States International Trade Commission shall 

17 submit to the Committee on Finance of the 

18 Senate, the Committee on Ways and Means of 

19 the House of Representatives, and the Presi20 dent a report assessing— 

21 ‘‘(i) whether the parties to the agree22 ment are complying with the agreement; 

23 and 

24 ‘‘(ii) whether the agreement is effec25 tive at resolving the dispute. 


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1 ‘‘(B) ADDITIONAL REPORTS.—If the Com2 mission determines under subparagraph (A)(ii) 

3 that an agreement is not effective at resolving 

4 a dispute described in subparagraph (A), the 

5 Commission shall review the matter and submit 

6 to the Committee on Finance of the Senate, the 

7 Committee on Ways and Means of the House of 

8 Representatives, and the President a report on 

9 the matter every 180 days after that determina10 tion until the matter is resolved.’’. 

11 SEC. 417. TECHNICAL AND LEGAL SUPPORT FOR ADDRESS12 ING INTELLECTUAL PROPERTY RIGHTS IN13 FRINGEMENT CASES. 

14 (a) IN GENERAL.—The head of any Federal agency 

15 may provide support, as requested and appropriate, to 

16 United States persons seeking technical, legal, or other 

17 support in addressing intellectual property rights infringe18 ment cases regarding the People’s Republic of China. 

19 (b) UNITED STATES PERSON DEFINED.—In this sec20 tion, the term ‘‘United States person’’ means— 

21 (1) a United States citizen or an alien lawfully 

22 admitted for permanent residence to the United 

23 States; or 

24 (2) an entity organized under the laws of the 

25 United States or of any jurisdiction within the 


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1 United States, including a foreign branch of such an 

2 entity. 

3 SEC. 418. IMPROVEMENT OF ANTI-COUNTERFEITING MEAS4 URES. 

5 (a) REPORT ON SEIZURES OF COUNTERFEIT

6 GOODS.—Not later than one year after the date of the 

7 enactment of this Act, and annually thereafter, the Com8 missioner of U.S. Customs and Border Protection shall 

9 submit to the Committee on Finance of the Senate and 

10 the Committee on Ways and Means of the House of Rep11 resentatives a report on seizures by U.S. Customs and 

12 Border Protection of counterfeit goods during the year 

13 preceding submission of the report, including the number 

14 of such seizures disaggregated by category of good, source 

15 country, and mode of transport. 

16 (b) INCREASED INSPECTIONS OF GOODS FROM CER17 TAIN COUNTRIES.—The Commissioner shall increase in18 spections of imports of goods from each source country 

19 identified in the report required by subsection (a) as one 

20 of the top source countries of counterfeit goods, as deter21 mined by the Commissioner. 

22 (c) PUBLICATION OF CRITERIA FOR NOTORIOUS

23 MARKETS LIST.—Not later than 2 years after the date 

24 of the enactment of this Act, and not less frequently than 

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1 resentative shall publish in the Federal Register criteria 

2 for determining that a market is a notorious market for 

3 purposes of inclusion of that market in the Notorious Mar4 kets List developed by the Trade Representative pursuant 

5 to section 182 of the Trade Act of 1974 (19 U.S.C. 2242). 

6 Subtitle B—Financial Services 

7 SEC. 431. FINDINGS ON TRANSPARENCY AND DISCLOSURE; 

8 SENSE OF CONGRESS. 

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

10 (1) More than 2,000,000 corporations and lim11 ited liability companies are formed under the laws of 

12 the States each year and some of those entities are 

13 formed by persons outside of the United States, in14 cluding by persons in the People’s Republic of 

15 China. 

16 (2) Most or all States do not require informa17 tion about the beneficial owners of the corporations, 

18 limited liability companies, or other similar entities 

19 formed under the laws of the State. 

20 (3) Malign actors seek to conceal their owner21 ship of corporations, limited liability companies, or 

22 other similar entities in the United States to facili23 tate illicit activity, including money laundering, the 

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1 feiting, piracy, securities fraud, financial fraud, eco2 nomic espionage, theft of intellectual property, and 

3 acts of foreign corruption, which harm the national 

4 security interests of the United States and allies of 

5 the United States. 

6 (4) National security, intelligence, and law en7 forcement investigations have consistently been im8 peded by an inability to reliably and promptly obtain 

9 information identifying the persons that ultimately 

10 own corporations, limited liability companies, or 

11 other similar entities suspected of engaging in illicit 

12 activity, as documented in reports and testimony by 

13 officials from the Department of Justice, the De14 partment of Homeland Security, the Department of 

15 the Treasury, the Government Accountability Office, 

16 and other agencies. 

17 (5) In the National Strategy for Combating 

18 Terrorist and Other Illicit Financing, issued in 

19 2020, the Department of the Treasury found the fol20 lowing: ‘‘Misuse of legal entities to hide a criminal 

21 beneficial owner or illegal source of funds continues 

22 to be a common, if not the dominant, feature of il23 licit finance schemes, especially those involving 

24 money laundering, predicate offences, tax evasion, 

25 and proliferation financing.’’. 


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1 (6) Federal legislation providing for the collec2 tion of beneficial ownership information by the Fi3 nancial Crimes Enforcement Network of the Depart4 ment of the Treasury (referred to in this section as 

5 ‘‘FinCEN’’) with respect to corporations, limited li6 ability companies, or other similar entities formed 

7 under the laws of the States is needed to— 

8 (A) set a clear, Federal standard for incor9 poration practices; 

10 (B) protect vital United States national se11 curity interests; 

12 (C) protect interstate and foreign com13 merce; 

14 (D) better enable critical national security, 

15 intelligence, and law enforcement efforts to 

16 identify and counter money laundering, the fi17 nancing of terrorism, and other illicit activity; 

18 and 

19 (E) bring the United States into compli20 ance with international standards with respect 

21 to anti-money laundering and countering the fi22 nancing of terrorism. 

23 (7) Providing beneficial ownership information 

24 to FinCEN is especially important in cases in 

25 which— 


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1 (A) foreign firms, including those in the 

2 People’s Republic of China or subject to the ju3 risdiction of the People’s Republic of China, 

4 seek to acquire United States firms and the val5 uable intellectual property of those firms; and 

6 (B) the acquisitions described in subpara7 graph (A) pose a threat to the economic or na8 tional security of the United States. 

9 (b) SENSE OF CONGRESS.—It is the sense of Con10 gress that, before the end of the 116th Congress, Congress 

11 should enact comprehensive beneficial ownership legisla12 tion that includes strong transparency and disclosure re13 quirements ensuring that complete beneficial ownership 

14 information is provided by all domestic and foreign cor15 porations, limited liability companies, and similar entities 

16 formed in the United States. 

17 SEC. 432. DISCLOSURE OF PRIVATE BUSINESS TRANS18 ACTIONS WITH FOREIGN PERSONS. 

19 Section 721 of the Defense Production Act of 1950 

20 (50 U.S.C. 4565) is amended by adding at the end the 

21 following: 

22 ‘‘(r) DISCLOSURE OF PRIVATE BUSINESS TRANS23 ACTIONS WITH FOREIGN PERSONS.— 

24 ‘‘(1) IN GENERAL.—Not less frequently than 

25 every 90 days, each covered officer shall disclose to 


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1 the public any covered private business transaction 

2 during the preceding 90 days between— 

3 ‘‘(A)(i) the covered officer; 

4 ‘‘(ii) the spouse of the covered officer; 

5 ‘‘(iii) a child of the covered officer; or 

6 ‘‘(iv) a covered private business with re7 spect to the covered officer; and 

8 ‘‘(B) a foreign person. 

9 ‘‘(2) MATTERS TO BE INCLUDED.—For any 

10 covered private business transaction disclosed under 

11 paragraph (1), the covered officer shall include in 

12 the disclosure the following: 

13 ‘‘(A) The name of the foreign person with 

14 which the transaction was conducted. 

15 ‘‘(B) The amount of any funds received 

16 from or owed to the foreign person. 

17 ‘‘(C) The date of the transaction. 

18 ‘‘(D) A detailed summary of the purpose of 

19 the transaction. 

20 ‘‘(E) The name of any United States enti21 ty through which the transaction was processed 

22 or funds relating to the transaction were trans23 ferred. 

24 ‘‘(3) PUBLICATION.—Any disclosure made 

25 under paragraph (1) shall be made available on the 


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1 publicly available internet website of the Department 

2 of the Treasury. 

3 ‘‘(4) DEFINITIONS.—In this subsection: 

4 ‘‘(A) COVERED OFFICER.—The term ‘cov5 ered officer’ means the President, the Vice 

6 President, and each member of the Committee. 

7 ‘‘(B) COVERED PRIVATE BUSINESS.—The 

8 term ‘covered private business’— 

9 ‘‘(i) means— 

10 ‘‘(I) a sole proprietorship or busi11 ness entity in which a covered officer, 

12 the spouse of the covered officer, or a 

13 child of the covered officer holds an 

14 ownership interest; and 

15 ‘‘(II) an entity in which— 

16 ‘‘(aa) a covered officer holds 

17 a position required to be reported 

18 under section 102(a)(6) of the 

19 Ethics in Government Act of 

20 1978 (5 U.S.C. App.); or 

21 ‘‘(bb) the spouse or a child 

22 of the covered officer holds a po23 sition that would be required to 

24 be reported under section 

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1 ernment Act of 1978 (5 U.S.C. 

2 App.) if it were a position held by 

3 the covered officer; 

4 ‘‘(ii) includes any private entity for 

5 which— 

6 ‘‘(I) the covered officer is re7 quired to report an ownership interest 

8 of the covered officer under section 

9 102(a)(3) of the Ethics in Govern10 ment Act of 1978 (5 U.S.C. App.); or 

11 ‘‘(II) the spouse or a child of the 

12 covered officer would be required to 

13 report an ownership interest under 

14 section 102(a)(3) of the Ethics in 

15 Government Act of 1978 (5 U.S.C. 

16 App.) if it were an ownership interest 

17 held by the covered officer; and 

18 ‘‘(iii) does not include— 

19 ‘‘(I) a publicly traded entity; or 

20 ‘‘(II) an entity described in 

21 clause (i)(I) or (ii) if the ownership 

22 interest is held in a qualified blind 

23 trust, as defined in section 101(f)(3) 

24 of the Ethics in Government Act of 

25 1978 (5 U.S.C. App.). 


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1 ‘‘(C) COVERED PRIVATE BUSINESS TRANS2 ACTION.—The term ‘covered private business 

3 transaction’ means— 

4 ‘‘(i) the exchange of anything with a 

5 value of more than $200; and 

6 ‘‘(ii) incurring a liability that would 

7 be required to be reported under section 

8 102(a)(4) of the Ethics in Government Act 

9 of 1978 (5 U.S.C. App.) if it were a liabil10 ity of the covered officer.’’. 

11 SEC. 433. CYBER THEFT DISCLOSURE. 

12 (a) DEFINITIONS.—In this section— 

13 (1) the term ‘‘Commission’’ means the Securi14 ties and Exchange Commission; 

15 (2) the terms ‘‘computer network intrusion’’ 

16 and ‘‘intellectual property’’ have the meanings given 

17 those terms by the Commission in carrying out sub18 section (b); 

19 (3) the term ‘‘Form 8–K’’ means the form de20 scribed in section 249.308 of title 17, Code of Fed21 eral Regulations, or any successor regulation; 

22 (4) the terms ‘‘issuer’’ and ‘‘securities’’ have 

23 the meanings given those terms in section 3(a) of 

24 the Securities Exchange Act of 1934 (15 U.S.C. 

25 78c(a)); and 


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1 (5) the term ‘‘reporting company’’ means an 

2 issuer— 

3 (A) the securities of which are registered 

4 under section 12 of the Securities Exchange 

5 Act of 1934 (15 U.S.C. 78l); or 

6 (B) that is required to file reports under 

7 section 15(d) of the Securities Exchange Act of 

8 1934 (15 U.S.C. 78o(d)). 

9 (b) RULES.—Not later than 360 days after the date 

10 of enactment of this Act, the Commission shall issue final 

11 rules to require a reporting company to issue a timely pub12 lic disclosure, using Form 8–K, not later than 30 days 

13 after the date on which the reporting company first sus14 pects that the intellectual property of the reporting com15 pany has been stolen through a computer network intru16 sion. 

17 SEC. 434. CYBERSECURITY EXPERTISE DISCLOSURE. 

18 The Securities Exchange Act of 1934 (15 U.S.C. 78a 

19 et seq.) is amended by inserting after section 14B (15 

20 U.S.C. 78n–2) the following: 

21 ‘‘SEC. 14C. CYBERSECURITY TRANSPARENCY. 

22 ‘‘(a) DEFINITIONS.—In this section— 

23 ‘‘(1) the term ‘cybersecurity’ means any action, 

24 step, or measure to detect, prevent, deter, mitigate, 


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1 or address any cybersecurity threat or any potential 

2 cybersecurity threat; 

3 ‘‘(2) the term ‘cybersecurity threat’— 

4 ‘‘(A) means an action, not protected by the 

5 First Amendment to the Constitution of the 

6 United States, on or through an information 

7 system that may result in an unauthorized ef8 fort to adversely impact the security, avail9 ability, confidentiality, or integrity of an infor10 mation system or information that is stored on, 

11 processed by, or transiting an information sys12 tem; and 

13 ‘‘(B) does not include any action that sole14 ly involves a violation of a consumer term of 

15 service or a consumer licensing agreement; 

16 ‘‘(3) the term ‘information system’— 

17 ‘‘(A) has the meaning given the term in 

18 section 3502 of title 44, United States Code; 

19 and 

20 ‘‘(B) includes industrial control systems, 

21 such as supervisory control and data acquisition 

22 systems, distributed control systems, and pro23 grammable logic controllers; 

24 ‘‘(4) the term ‘NIST’ means the National Insti25 tute of Standards and Technology; and 


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1 ‘‘(5) the term ‘reporting company’ means any 

2 company that is an issuer— 

3 ‘‘(A) the securities of which are registered 

4 under section 12; or 

5 ‘‘(B) that is required to file reports under 

6 section 15(d). 

7 ‘‘(b) REQUIREMENT TO ISSUE RULES.—Not later 

8 than 360 days after the date of enactment of this section, 

9 the Commission shall issue final rules to require each re10 porting company, in the annual report of the reporting 

11 company submitted under section 13 or section 15(d) or 

12 in the annual proxy statement of the reporting company 

13 submitted under section 14(a)— 

14 ‘‘(1) to disclose whether any member of the 

15 governing body, such as the board of directors or 

16 general partner, of the reporting company has exper17 tise or experience in cybersecurity and in such detail 

18 as necessary to fully describe the nature of the ex19 pertise or experience; and 

20 ‘‘(2) if no member of the governing body of the 

21 reporting company has expertise or experience in cy22 bersecurity, to describe what other aspects of the re23 porting company’s cybersecurity were taken into ac24 count by any person, such as an official serving on 

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1 tifying and evaluating nominees for membership to 

2 the governing body. 

3 ‘‘(c) CYBERSECURITY EXPERTISE OR EXPERI4 ENCE.—For purposes of subsection (b), the Commission, 

5 in consultation with NIST, shall define what constitutes 

6 expertise or experience in cybersecurity using commonly 

7 defined roles, specialties, knowledge, skills, and abilities, 

8 such as those provided in NIST Special Publication 800– 

9 181, entitled ‘National Initiative for Cybersecurity Edu10 cation (NICE) Cybersecurity Workforce Framework’, or 

11 any successor thereto.’’. 

12 SEC. 435. INDEPENDENCE FROM INFLUENCE OF THE GOV13 ERNMENT OF CHINA. 

14 (a) DEFINITIONS.—In this section— 

15 (1) the term ‘‘Commission’’ means the Securi16 ties and Exchange Commission; and 

17 (2) the term ‘‘registrant’’ means an entity that 

18 is subject to section 229.101 of title 17, Code of 

19 Federal Regulations, or any successor regulation. 

20 (b) RULES.—Not later than 360 days after the date 

21 of enactment of this Act, the Commission shall amend sec22 tion 229.101 of title 17, Code of Federal Regulations, or 

23 any successor regulation, to require a registrant to disclose 

24 the following under that section: 


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1 (1) Whether the Government of China has pro2 vided any financial support, including a direct sub3 sidy, a grant, a loan (including a below-market 

4 loan), a loan guarantee, a tax concession, benefits 

5 with respect to government procurement policy, or 

6 any other form of governmental support, to the reg7 istrant. 

8 (2) If the Government of China has provided fi9 nancial support described in paragraph (1), the con10 ditions under which that Government provided that 

11 support, including whether that Government has re12 quired the registrant to— 

13 (A) satisfy certain requirements with re14 spect to export performance; 

15 (B) purchase items— 

16 (i) from certain producers; or 

17 (ii) that were produced using certain 

18 intellectual property; or 

19 (C) employ members of the Chinese Com20 munist Party or other employees of that Gov21 ernment. 

22 (3) Whether there is any committee of the Chi23 nese Communist Party established within the reg24 istrant, which shall include the disclosure of— 


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1 (A) whether the registrant established that 

2 committee; 

3 (B) the standing of that committee within 

4 the registrant; 

5 (C) which employees of the registrant com6 prise that committee; and 

7 (D) the roles played by the employees de8 scribed in subparagraph (C). 

9 (4) Information regarding each individual who, 

10 as of the date on which the disclosure is made, is 

11 an officer or director of the registrant (or a United 

12 States subsidiary or joint venture of the registrant 

13 in the People’s Republic of China) and holds, or pre14 viously held, a position with the Chinese Communist 

15 Party or the Government of China, including the 

16 title of that position and the geographic location in 

17 which the individual holds, or held, the position. 

18 (c) COMMISSION DISCRETION.—In addition to the 

19 amendments required under subsection (b), the Commis20 sion may make any other amendments to the rules of the 

21 Commission that the Commission determines necessary to 

22 carry out the purposes of this section. 


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1 SEC. 436. ESTABLISHMENT OF INTERAGENCY TASK FORCE 

2 TO ADDRESS CHINESE MARKET MANIPULA3 TION IN THE UNITED STATES. 

4 (a) IN GENERAL.—The Department of Justice, the 

5 Federal Trade Commission, and, as appropriate, other 

6 Federal agencies shall establish a joint interagency task 

7 force to investigate allegations of systemic market manipu8 lation and other potential violations of antitrust and com9 petition laws in the United States by companies estab10 lished in the People’s Republic of China, including inves11 tigations to illegally capture market share, fix prices, and 

12 control the supply of goods in critical industries of the 

13 United States, including— 

14 (1) the pharmaceutical and medical devices in15 dustry; 

16 (2) the green energy industry; and 

17 (3) the steel and aluminum industries. 

18 (b) REPORT.—Not later than 180 days after the date 

19 of enactment of this Act, the President shall provide to 

20 the Committee on Foreign Relations, the Committee on 

21 Finance, and the Committee on Commerce, Science, and 

22 Transportation of the Senate and the Committee on For23 eign Affairs, the Committee on Ways and Means, and the 

24 Committee on Energy and Commerce of the House of 

25 Representatives— 


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1 (1) a briefing on the progress of the inter2 agency task force and its findings as described in 

3 subsection (a); and 

4 (2) recommendations to the committees on po5 tential amendments to antitrust and competition 

6 laws in the United States that would strengthen the 

7 ability of United States antitrust enforcement agen8 cies to bring actions against anticompetitive business 

9 practices by Chinese companies. 

10 SEC. 437. HOLDING FOREIGN COMPANIES ACCOUNTABLE. 

11 (a) DISCLOSURE REQUIREMENT.—Section 104 of the 

12 Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214) is amended 

13 by adding at the end the following: 

14 ‘‘(i) DISCLOSURE REGARDING FOREIGN JURISDIC15 TIONS THAT PREVENT INSPECTIONS.— 

16 ‘‘(1) DEFINITIONS.—In this subsection— 

17 ‘‘(A) the term ‘covered issuer’ means an 

18 issuer that is required to file reports under sec19 tion 13 or 15(d) of the Securities Exchange Act 

20 of 1934 (15 U.S.C. 78m, 78o(d)); and 

21 ‘‘(B) the term ‘non-inspection year’ means, 

22 with respect to a covered issuer, a year— 

23 ‘‘(i) during which the Commission 

24 identifies the covered issuer under para25 graph (2)(A) with respect to every report 


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1 described in subparagraph (A) filed by the 

2 covered issuer during that year; and 

3 ‘‘(ii) that begins after the date of en4 actment of this subsection. 

5 ‘‘(2) DISCLOSURE TO COMMISSION.—The Com6 mission shall— 

7 ‘‘(A) identify each covered issuer that, with 

8 respect to the preparation of the audit report 

9 on the financial statement of the covered issuer 

10 that is included in a report described in para11 graph (1)(A) filed by the covered issuer, retains 

12 a registered public accounting firm that has a 

13 branch or office that— 

14 ‘‘(i) is located in a foreign jurisdic15 tion; and 

16 ‘‘(ii) the Board is unable to inspect or 

17 investigate completely because of a position 

18 taken by an authority in the foreign juris19 diction described in clause (i), as deter20 mined by the Board; and 

21 ‘‘(B) require each covered issuer identified 

22 under subparagraph (A) to, in accordance with 

23 the rules issued by the Commission under para24 graph (4), submit to the Commission docu25 mentation that establishes that the covered 


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1 issuer is not owned or controlled by a govern2 mental entity in the foreign jurisdiction de3 scribed in subparagraph (A)(i). 

4 ‘‘(3) TRADING PROHIBITION AFTER 3 YEARS OF

5 NON-INSPECTIONS.— 

6 ‘‘(A) IN GENERAL.—If the Commission de7 termines that a covered issuer has 3 consecutive 

8 non-inspection years, the Commission shall pro9 hibit the securities of the covered issuer from 

10 being traded— 

11 ‘‘(i) on a national securities exchange; 

12 or 

13 ‘‘(ii) through any other method that is 

14 within the jurisdiction of the Commission 

15 to regulate, including through the method 

16 of trading that is commonly referred to as 

17 the ‘over-the-counter’ trading of securities. 

18 ‘‘(B) REMOVAL OF INITIAL PROHIBI19 TION.—If, after the Commission imposes a pro20 hibition on a covered issuer under subpara21 graph (A), the covered issuer certifies to the 

22 Commission that the covered issuer has re23 tained a registered public accounting firm that 

24 the Board has inspected under this section to 


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1 the satisfaction of the Commission, the Com2 mission shall end that prohibition. 

3 ‘‘(C) RECURRENCE OF NON-INSPECTION

4 YEARS.—If, after the Commission ends a prohi5 bition under subparagraph (B) or (D) with re6 spect to a covered issuer, the Commission deter7 mines that the covered issuer has a non-inspec8 tion year, the Commission shall prohibit the se9 curities of the covered issuer from being trad10 ed— 

11 ‘‘(i) on a national securities exchange; 

12 or 

13 ‘‘(ii) through any other method that is 

14 within the jurisdiction of the Commission 

15 to regulate, including through the method 

16 of trading that is commonly referred to as 

17 the ‘over-the-counter’ trading of securities. 

18 ‘‘(D) REMOVAL OF SUBSEQUENT PROHIBI19 TION.—If, after the end of the 5-year period be20 ginning on the date on which the Commission 

21 imposes a prohibition on a covered issuer under 

22 subparagraph (C), the covered issuer certifies to 

23 the Commission that the covered issuer will re24 tain a registered public accounting firm that 


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1 the Board is able to inspect under this section, 

2 the Commission shall end that prohibition. 

3 ‘‘(4) RULES.—Not later than 90 days after the 

4 date of enactment of this subsection, the Commis5 sion shall issue rules that establish the manner and 

6 form in which a covered issuer shall make a submis7 sion required under paragraph (2)(B).’’. 

8 (b) ADDITIONAL DISCLOSURE.— 

9 (1) DEFINITIONS.—In this subsection— 

10 (A) the term ‘‘audit report’’ has the mean11 ing given the term in section 2(a) of the Sar12 banes-Oxley Act of 2002 (15 U.S.C. 7201(a)); 

13 (B) the term ‘‘Commission’’ means the Se14 curities and Exchange Commission; 

15 (C) the term ‘‘covered form’’— 

16 (i) means— 

17 (I) the form described in section 

18 249.310 of title 17, Code of Federal 

19 Regulations, or any successor regula20 tion; and 

21 (II) the form described in section 

22 249.220f of title 17, Code of Federal 

23 Regulations, or any successor regula24 tion; and 

25 (ii) includes a form that— 


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1 (I) is the equivalent of, or sub2 stantially similar to, the form de3 scribed in subclause (I) or (II) of 

4 clause (i); and 

5 (II) a foreign issuer files with the 

6 Commission under the Securities Ex7 change Act of 1934 (15 U.S.C. 78a et 

8 seq.) or rules issued under that Act; 

9 (D) the terms ‘‘covered issuer’’ and ‘‘non10 inspection year’’ have the meanings given the 

11 terms in subsection (i)(1) of section 104 of the 

12 Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214), 

13 as added by subsection (a) of this section; and 

14 (E) the term ‘‘foreign issuer’’ has the 

15 meaning given the term in section 240.3b–4 of 

16 title 17, Code of Federal Regulations, or any 

17 successor regulation. 

18 (2) REQUIREMENT.—Each covered issuer that 

19 is a foreign issuer and for which, during a non-in20 spection year with respect to the covered issuer, a 

21 registered public accounting firm described in sub22 section (i)(2)(A) of section 104 of the Sarbanes23 Oxley Act of 2002 (15 U.S.C. 7214), as added by 

24 subsection (a) of this section, has prepared an audit 


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1 report shall disclose in each covered form filed by 

2 that issuer that covers such a non-inspection year— 

3 (A) that, during the period covered by the 

4 covered form, such a registered public account5 ing firm has prepared an audit report for the 

6 issuer; 

7 (B) the percentage of the shares of the 

8 issuer owned by governmental entities in the 

9 foreign jurisdiction in which the issuer is incor10 porated or otherwise organized; 

11 (C) whether governmental entities in the 

12 applicable foreign jurisdiction with respect to 

13 that registered public accounting firm have a 

14 controlling financial interest with respect to the 

15 issuer; 

16 (D) the name of each official of the Chi17 nese Communist Party who is a member of the 

18 board of directors of— 

19 (i) the issuer; or 

20 (ii) the operating entity with respect 

21 to the issuer; and 

22 (E) whether the articles of incorporation of 

23 the issuer (or equivalent organizing document) 

24 contains any charter of the Chinese Communist 

25 Party, including the text of any such charter. 


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1 Subtitle C—Economic Security 

2 SEC. 441. IMPOSITION OF SANCTIONS WITH RESPECT TO 

3 THEFT OF TRADE SECRETS OF UNITED 

4 STATES PERSONS. 

5 (a) REPORT REQUIRED.— 

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

7 after the date of the enactment of this Act, and not 

8 less frequently than every 180 days thereafter, the 

9 President shall submit to the appropriate congres10 sional committees a report— 

11 (A) identifying, for the 180-day period pre12 ceding submission of the report— 

13 (i) any foreign person that has know14 ingly engaged in, or benefitted from, sig15 nificant theft of trade secrets of United 

16 States persons, if the theft of such trade 

17 secrets is reasonably likely to result in, or 

18 has materially contributed to, a significant 

19 threat to the national security, foreign pol20 icy, or economic health or financial sta21 bility of the United States; 

22 (ii) any foreign person that has pro23 vided significant financial, material, or 

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1 ices in support of or to benefit significantly 

2 from, such theft; 

3 (iii) any entity owned or controlled by, 

4 or that has acted or purported to act for 

5 or on behalf of, directly or indirectly, any 

6 foreign person identified under clause (i) 

7 or (ii); and 

8 (iv) any foreign person that is a chief 

9 executive officer or member of the board of 

10 directors of any foreign entity identified 

11 under clause (i) or (ii); and 

12 (B) describing the nature, objective, and 

13 outcome of the theft of trade secrets each for14 eign person described in subparagraph (A)(i) 

15 engaged in or benefitted from; and 

16 (C) assessing whether any chief executive 

17 officer or member of the board of directors de18 scribed in clause (iv) of subparagraph (A) en19 gaged in, or benefitted from, activity described 

20 in clause (i) or (ii) of that subparagraph. 

21 (2) FORM OF REPORT.—Each report required 

22 by paragraph (1) shall be submitted in unclassified 

23 form but may include a classified annex. 

24 (b) AUTHORITY TO IMPOSE SANCTIONS.— 


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1 (1) SANCTIONS APPLICABLE TO ENTITIES.—In 

2 the case of a foreign entity identified under subpara3 graph (A) of subsection (a)(1) in the most recent re4 port submitted under that subsection, the President 

5 shall impose one of the following: 

6 (A) BLOCKING OF PROPERTY.—The Presi7 dent may, pursuant to the International Emer8 gency Economic Powers Act (50 U.S.C. 1701 et 

9 seq.), block and prohibit all transactions in all 

10 property and interests in property of the entity 

11 if such property and interests in property are in 

12 the United States, come within the United 

13 States, or are or come within the possession or 

14 control of a United States person. 

15 (B) INCLUSION ON ENTITY LIST.—The 

16 President may include the entity on the entity 

17 list maintained by the Bureau of Industry and 

18 Security of the Department of Commerce and 

19 set forth in Supplement No. 4 to part 744 of 

20 the Export Administration Regulations, for ac21 tivities contrary to the national security or for22 eign policy interests of the United States. 

23 (2) SANCTIONS APPLICABLE TO INDIVIDUALS.— 

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1 cent report submitted under that subsection, the fol2 lowing shall apply: 

3 (A) BLOCKING OF PROPERTY.—The Presi4 dent shall, pursuant to the International Emer5 gency Economic Powers Act (50 U.S.C. 1701 et 

6 seq.), block and prohibit all transactions in all 

7 property and interests in property of the indi8 vidual if such property and interests in property 

9 are in the United States, come within the 

10 United States, or are or come within the pos11 session or control of a United States person. 

12 (B) VISA BAN; EXCLUSION.—The Sec13 retary of State shall deny a visa to the indi14 vidual and revoke, in accordance with section 

15 221(i) of the Immigration and Nationality Act 

16 (8 U.S.C. 1201(i)), any visa or other docu17 mentation of the individual, and the Secretary 

18 of Homeland Security shall exclude the indi19 vidual from the United States. 

20 (c) EXCEPTIONS.— 

21 (1) INTELLIGENCE ACTIVITIES.—This section 

22 shall not apply with respect to activities subject to 

23 the reporting requirements under title V of the Na24 tional Security Act of 1947 (50 U.S.C. 3091 et seq.) 


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1 or any authorized intelligence activities of the United 

2 States. 

3 (2) LAW ENFORCEMENT ACTIVITIES.—Sanc4 tions under this section shall not apply with respect 

5 to any authorized law enforcement activities of the 

6 United States. 

7 (3) EXCEPTION RELATING TO IMPORTATION OF

8 GOODS.— 

9 (A) IN GENERAL.—The authority to im10 pose sanctions under this section shall not in11 clude the authority or a requirement to impose 

12 sanctions on the importation of goods. 

13 (B) GOOD DEFINED.—In this paragraph, 

14 the term ‘‘good’’ means any article, natural or 

15 manmade substance, material, supply, or manu16 factured product, including inspection and test 

17 equipment, and excluding technical data. 

18 (4) EXCEPTION TO COMPLY WITH INTER19 NATIONAL AGREEMENTS.—Subsection (b)(2)(B) 

20 shall not apply with respect to the admission of an 

21 individual to the United States if such admission is 

22 necessary to comply with the obligations of the 

23 United States under the Agreement regarding the 

24 Headquarters of the United Nations, signed at Lake 

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1 vember 21, 1947, between the United Nations and 

2 the United States, under the Convention on Con3 sular Relations, done at Vienna April 24, 1963, and 

4 entered into force March 19, 1967, or under other 

5 international agreements. 

6 (d) NATIONAL SECURITY WAIVER.—The President 

7 may waive the imposition of sanctions under subsection 

8 (b) with respect to a person if the President— 

9 (1) determines that such a waiver is in the na10 tional security interests of the United States; and 

11 (2) not more than 15 days after issuing such a 

12 waiver, submits to the appropriate congressional 

13 committees a notification of the waiver and the rea14 sons for the waiver. 

15 (e) TERMINATION OF SANCTIONS.—Sanctions im16 posed under subsection (b) with respect to a foreign per17 son identified in a report submitted under subsection (a) 

18 shall terminate if the President certifies to the appropriate 

19 congressional committees, before the termination takes ef20 fect, that the person is no longer engaged in the activity 

21 identified in the report. 

22 (f) IMPLEMENTATION; PENALTIES.— 

23 (1) IMPLEMENTATION.—The President may ex24 ercise all authorities provided under sections 203 

25 and 205 of the International Emergency Economic 


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1 Powers Act (50 U.S.C. 1702 and 1704) to carry out 

2 this section. 

3 (2) PENALTIES.—A person that violates, at4 tempts to violate, conspires to violate, or causes a 

5 violation of paragraph (1)(A) or (2)(A) of subsection 

6 (b) or any regulation, license, or order issued to 

7 carry out that paragraph shall be subject to the pen8 alties set forth in subsections (b) and (c) of section 

9 206 of the International Emergency Economic Pow10 ers Act (50 U.S.C. 1705) to the same extent as a 

11 person that commits an unlawful act described in 

12 subsection (a) of that section. 

13 (g) DEFINITIONS.—In this section: 

14 (1) EXPORT ADMINISTRATION REGULATIONS.— 

15 The term ‘‘Export Administration Regulations’’ 

16 means subchapter C of chapter VII of title 15, Code 

17 of Federal Regulations. 

18 (2) FOREIGN ENTITY.—The term ‘‘foreign enti19 ty’’ means an entity that is not a United States per20 son. 

21 (3) FOREIGN PERSON.—The term ‘‘foreign per22 son’’ means a person that is not a United States 

23 person. 


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1 (4) TRADE SECRET.—The term ‘‘trade secret’’ 

2 has the meaning given that term in section 1839 of 

3 title 18, United States Code. 

4 (5) PERSON.—The term ‘‘person’’ means an in5 dividual or entity. 

6 (6) UNITED STATES PERSON.—The term 

7 ‘‘United States person’’ means— 

8 (A) an individual who is a United States 

9 citizen or an alien lawfully admitted for perma10 nent residence to the United States; 

11 (B) an entity organized under the laws of 

12 the United States or any jurisdiction within the 

13 United States, including a foreign branch of 

14 such an entity; or 

15 (C) any person in the United States. 

16 SEC. 442. COUNTERING FOREIGN CORRUPT PRACTICES. 

17 (a) IN GENERAL.—The Secretary of State, working 

18 through the Assistant Secretary of State for Economic 

19 and Business Affairs and the Assistant Secretary of State 

20 for International Narcotics and Law Enforcement Affairs, 

21 shall offer to provide technical assistance to the govern22 ments of countries that are partners of the United States 

23 to assist members of national legislatures and officials of 

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1 lative and regulatory frameworks that are similar to those 

2 set forth in— 

3 (1) section 30A of the Securities Exchange Act 

4 of 1934 (15 U.S.C. 78dd–1); and 

5 (2) section 104 of the Foreign Corrupt Prac6 tices Act of 1977 (15 U.S.C. 78dd–2). 

7 (b) PURPOSES.—In carrying out subsection (a), the 

8 Secretary of State shall actively encourage governments 

9 described in that subsection— 

10 (1) to adopt standards that deter fraudulent 

11 business practices and increase government and pri12 vate sector accountability; and 

13 (2) to strengthen the investigative and prosecu14 torial capacity of government institutions to combat 

15 fraudulent business practices involving public offi16 cials. 

17 (c) STRATEGY REQUIREMENT.—Not later than 90 

18 days after the date of enactment of this Act, the Secretary 

19 of State shall submit a strategy for carrying out the activi20 ties described in subsections (a) and (b) to— 

21 (1) the Committee on Foreign Relations of the 

22 Senate; and 

23 (2) the Committee on Foreign Affairs of the 

24 House of Representatives. 


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1 (d) CONSULTATION.—In formulating the strategy de2 scribed in subsection (c), the Secretary of State shall con3 sult with the Secretary of the Treasury and the Attorney 

4 General. 

5 (e) SEMIANNUAL BRIEFING REQUIREMENT.—Not 

6 later than 180 days after the date of enactment of this 

7 Act, and every 180 days thereafter, the Secretary of State 

8 shall provide a briefing regarding the activities described 

9 in subsections (a) and (b) and the strategy submitted 

10 under subsection (c) to— 

11 (1) the Committee on Foreign Relations of the 

12 Senate; and 

13 (2) the Committee on Foreign Affairs of the 

14 House of Representatives. 

15 SEC. 443. DEBT RELIEF FOR COUNTRIES ELIGIBLE FOR AS16 SISTANCE FROM THE INTERNATIONAL DE17 VELOPMENT ASSOCIATION. 

18 (a) POLICY STATEMENT.—It is the policy of the 

19 United States to coordinate with the international commu20 nity to provide debt relief for debt that is held by countries 

21 eligible for assistance from the International Development 

22 Association that request forbearance to respond to the 

23 COVID–19 pandemic. 

24 (b) DEBT RELIEF.—The Secretary of the Treasury, 

25 in consultation with the Secretary of State, shall— 


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1 (1) engage with international financial institu2 tions and other bilateral official creditors to advance 

3 policy discussions on restructuring, rescheduling, or 

4 canceling the sovereign debt of countries eligible for 

5 assistance from the International Development Asso6 ciation; and 

7 (2) instruct the United States Executive Direc8 tor of the International Monetary Fund and the 

9 United States Executive Director of the World Bank 

10 to use the voice and vote of the United States to ad11 vance agreement on the efforts described in para12 graph (1). 

13 (c) REPORTING REQUIREMENT.—Not later than 45 

14 days after the date of the enactment of this Act, and every 

15 90 days thereafter until the end of the COVID–19 pan16 demic, as determined by the World Health Organization, 

17 the Secretary of the Treasury, in coordination with the 

18 Secretary of State, shall submit to the committees speci19 fied in subsection (d) a report that describes— 

20 (1) actions that have been taken to advance 

21 debt relief for countries eligible for assistance from 

22 the International Development Association that re23 quest forbearance to respond to the COVID–19 pan24 demic in coordination with international financial in25 stitutions, the Group of 7 (G7), the Group of 20 


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1 (G20), Paris Club members, and the Institute of 

2 International Finance; 

3 (2) mechanisms that have been utilized and 

4 mechanisms that are under consideration to provide 

5 the debt relief described in paragraph (1); 

6 (3) any United States policy concerns regarding 

7 debt relief to specific countries; 

8 (4) the balance and status of repayments on all 

9 loans from the People’s Republic of China to coun10 tries eligible for assistance from the International 

11 Development Association, including— 

12 (A) loans provided as part of the Belt and 

13 Road Initiative of the People’s Republic of 

14 China; 

15 (B) loans made by the Export-Import 

16 Bank of China; 

17 (C) loans made by the China Development 

18 Bank; and 

19 (D) loans made by the Asian Infrastruc20 ture Investment Bank; 

21 (5) the transparency measures established or 

22 proposed to ensure that funds saved through the 

23 debt relief described in paragraph (1) will be used 

24 for activities— 


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1 (A) that respond to the health, economic, 

2 and social consequences of the COVID–19 pan3 demic; and 

4 (B) that are consistent with the interests 

5 and values of the United States; and 

6 (6) policy options available to the United States 

7 Government to support and advance debt relief from 

8 the official creditors of Sudan. 

9 (d) COMMITTEES SPECIFIED.—The committees spec10 ified in this subsection are— 

11 (1) the Committee on Appropriations, the Com12 mittee on Banking, Housing, and Urban Affairs, 

13 and the Committee on Foreign Relations of the Sen14 ate; and 

15 (2) the Committee on Appropriations, the Com16 mittee on Financial Services, and the Committee on 

17 Foreign Affairs of the House of Representatives. 

18 SEC. 444. COLLECTION OF INFORMATION FROM UNITED 

19 STATES ENTITIES CONCERNING REQUESTS 

20 BY THE GOVERNMENT OF CHINA. 

21 (a) IN GENERAL.—The Secretary of Commerce shall 

22 collect from each United States entity that does business 

23 in the People’s Republic of China information concerning 

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1 ship, surveillance, data transfers, and the establishment 

2 of cells of that government within that entity. 

3 (b) CLASSIFIED REPORT.— 

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

5 after the date of the enactment of this Act, and an6 nually thereafter, the Secretary shall submit to Con7 gress a classified report on the information collected 

8 under subsection (a) during the period covered by 

9 the report. 

10 (2) ELEMENTS.—The information included in 

11 each report submitted under paragraph (1)— 

12 (A) shall not identify any particular United 

13 States entity; and 

14 (B) shall be disaggregated by industry sec15 tor. 

16 SEC. 445. REPORT ON MANNER AND EXTENT TO WHICH THE 

17 GOVERNMENT OF CHINA EXPLOITS HONG 

18 KONG TO CIRCUMVENT UNITED STATES 

19 LAWS AND PROTECTIONS. 

20 Title III of the United States-Hong Kong Policy Act 

21 of 1992 (22 U.S.C. 5731 et seq.) is amended by adding 

22 at the end the following: 


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1 ‘‘SEC. 303. REPORT ON MANNER AND EXTENT TO WHICH 

2 THE GOVERNMENT OF CHINA EXPLOITS 

3 HONG KONG TO CIRCUMVENT UNITED 

4 STATES LAWS AND PROTECTIONS. 

5 ‘‘(a) IN GENERAL.—Not later than 180 days after 

6 the date of the enactment of this section, the Secretary 

7 of State shall submit to the appropriate congressional 

8 committees a report on the manner and extent to which 

9 the Government of China uses the status of Hong Kong 

10 to circumvent the laws and protections of the United 

11 States. 

12 ‘‘(b) ELEMENTS.—The report required by subsection 

13 (a) shall include the following: 

14 ‘‘(1) In consultation with the Secretary of Com15 merce, the Secretary of Homeland Security, and the 

16 Director of National Intelligence— 

17 ‘‘(A) an assessment of how the Govern18 ment of China uses Hong Kong to circumvent 

19 United States export controls; and 

20 ‘‘(B) a list of all significant incidents in 

21 which the Government of China used Hong 

22 Kong to circumvent such controls during the re23 porting period. 

24 ‘‘(2) In consultation with the Secretary of the 

25 Treasury and the Secretary of Commerce— 


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1 ‘‘(A) an assessment of how the Govern2 ment of China uses Hong Kong to circumvent 

3 duties on merchandise exported to the United 

4 States from the People’s Republic of China; and 

5 ‘‘(B) a list of all significant incidents in 

6 which the Government of China used Hong 

7 Kong to circumvent such duties during the re8 porting period. 

9 ‘‘(3) In consultation with the Secretary of the 

10 Treasury, the Secretary of Homeland Security, and 

11 the Director of National Intelligence— 

12 ‘‘(A) an assessment of how the Govern13 ment of China uses Hong Kong to circumvent 

14 sanctions imposed by the United States or pur15 suant to multilateral regimes; and 

16 ‘‘(B) a list of all significant incidents in 

17 which the Government of China used Hong 

18 Kong to circumvent such sanctions during the 

19 reporting period. 

20 ‘‘(4) In consultation with the Secretary of 

21 Homeland Security and the Director of National In22 telligence— 

23 ‘‘(A) an assessment of how the Govern24 ment of China uses formal or informal means 

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1 als, including United States persons, from 

2 Hong Kong to the People’s Republic of China; 

3 and 

4 ‘‘(B) a list of foreign nationals, including 

5 United States persons, who have been formally 

6 or informally extradited or coercively moved 

7 from Hong Kong to the People’s Republic of 

8 China. 

9 ‘‘(5) In consultation with the Secretary of De10 fense, the Director of National Intelligence, and the 

11 Director of Homeland Security— 

12 ‘‘(A) an assessment of how the intelligence, 

13 security, and law enforcement agencies of the 

14 Government of China, including the Ministry of 

15 State Security, the Ministry of Public Security, 

16 and the People’s Armed Police, use the Hong 

17 Kong Security Bureau and other security agen18 cies in Hong Kong to conduct espionage on for19 eign nationals, including United States persons, 

20 conduct influence operations, or violate civil lib21 erties guaranteed under the laws of Hong 

22 Kong; and 

23 ‘‘(B) a list of all significant incidents of 

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1 tions of civil liberties during the reporting pe2 riod. 

3 ‘‘(c) FORM OF REPORT; AVAILABILITY.— 

4 ‘‘(1) FORM.—The report required by subsection 

5 (a) shall be submitted in unclassified form, but may 

6 include a classified index. 

7 ‘‘(2) AVAILABILITY.—The unclassified portion 

8 of the report required by subsection (a) shall be 

9 posted on a publicly available internet website of the 

10 Department of State. 

11 ‘‘(d) DEFINITIONS.—In this section: 

12 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT13 TEES.—The term ‘appropriate congressional com14 mittees’ means— 

15 ‘‘(A) the Committee on Foreign Relations, 

16 the Committee on Banking, Housing, and 

17 Urban Affairs, the Committee on Finance, and 

18 the Select Committee on Intelligence of the 

19 Senate; and 

20 ‘‘(B) the Committee on Foreign Affairs, 

21 the Committee on Financial Services, the Per22 manent Select Committee on Intelligence, and 

23 the Committee on Ways and Means of the 

24 House of Representatives. 


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1 ‘‘(2) FOREIGN NATIONAL.—The term ‘foreign 

2 national’ means a person that is neither— 

3 ‘‘(A) an individual who is a citizen or na4 tional of the People’s Republic of China; or 

5 ‘‘(B) an entity organized under the laws of 

6 the People’s Republic of China or of a jurisdic7 tion within the People’s Republic of China. 

8 ‘‘(3) REPORTING PERIOD.—The term ‘reporting 

9 period’ means the 5-year period preceding submis10 sion of the report required by subsection (a). 

11 ‘‘(4) UNITED STATES PERSON.—The term 

12 ‘United States person’ means— 

13 ‘‘(A) a United States citizen or an alien 

14 lawfully admitted for permanent residence to 

15 the United States; or 

16 ‘‘(B) an entity organized under the laws of 

17 the United States or of any jurisdiction within 

18 the United States, including a foreign branch of 

19 such an entity.’’. 

20 SEC. 446. MONITORING OVERCAPACITY OF INDUSTRIES IN 

21 THE PEOPLE’S REPUBLIC OF CHINA. 

22 (a) REPORT ON OVERCAPACITY.— 

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

24 after the date of the enactment of this Act, and an25 nually thereafter, the Secretary of Commerce, in 


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1 consultation with the United States Trade Rep2 resentative, shall submit to the Committee on Fi3 nance of the Senate and the Committee on Ways 

4 and Means of the House of Representatives a report 

5 on overcapacity of industries in the People’s Repub6 lic of China. 

7 (2) ELEMENTS.—The report required by para8 graph (1) shall include— 

9 (A) a determination on whether over10 capacity exists in any major industry in the 

11 People’s Republic of China; and 

12 (B) a description of the effects of that 

13 overcapacity on industry in the United States. 

14 (b) MULTILATERAL NEGOTIATIONS.— 

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

16 after a positive determination of overcapacity under 

17 subsection (a)(2)(A), the United States Trade Rep18 resentative shall enter into negotiations at an appro19 priate multilateral institution to which the United 

20 States is a party, as determined by the Trade Rep21 resentative, to reduce that overcapacity. 

22 (2) DETERMINATION OF SUBSTANTIAL REDUC23 TION.—Not later than one year after the start of ne24 gotiations under paragraph (1), and annually there25 after for the following 2 years, the Trade RepresentVerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00601 Fmt 6652 Sfmt 6201 E:\BILLS\S4629.IS S4629

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1 ative shall submit to the Committee on Finance of 

2 the Senate and the Committee on Ways and Means 

3 of the House of Representatives a report containing 

4 a determination of whether those negotiations are 

5 likely to lead to a substantive reduction in the over6 capacity described in that paragraph. 

7 (c) INVESTIGATION INTO INCREASED IMPORTS.—If 

8 the Trade Representative determines that negotiations 

9 under subsection (b) are not likely to be successful with 

10 respect to overcapacity described in that subsection, the 

11 United States International Trade Commission shall ini12 tiate an investigation under section 202(b) of the Trade 

13 Act of 1974 (19 U.S.C. 2252(b)) to protect industry in 

14 the United States from increases in imports that may re15 sult from that overcapacity. 

16 SEC. 447. REPORT ON CURRENCY ISSUES WITH RESPECT 

17 TO THE PEOPLE’S REPUBLIC OF CHINA. 

18 Not later than 180 days after the date of enactment 

19 of this Act, and every 180 days thereafter, the Secretary 

20 of the Treasury shall submit to Congress a report ana21 lyzing the economic effects of the People’s Republic of Chi22 na’s movement towards a free floating currency, including 

23 the effects on United States exports and economic growth 

24 and job creation in the United States. 


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1 SEC. 448. REPORT ON EXPOSURE OF THE UNITED STATES 

2 TO THE FINANCIAL SYSTEM OF THE PEO3 PLE’S REPUBLIC OF CHINA. 

4 Not later than 1 year after the date of enactment 

5 of this Act, and annually thereafter, the Secretary of the 

6 Treasury shall submit to Congress a report on the expo7 sure of the United States to the financial sector of the 

8 People’s Republic of China that includes— 

9 (1) an assessment of the effects of reforms to 

10 the financial sector of the People’s Republic of 

11 China on the United States and global financial sys12 tems; 

13 (2) a description of the policies the United 

14 States Government is adopting to protect the inter15 ests of the United States while the financial sector 

16 of the People’s Republic of China undergoes such re17 forms; and 

18 (3) recommendations for additional actions the 

19 United States Government should take to protect 

20 such interests. 


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1 SEC. 449. REPORT ON THE EXTENT TO WHICH UNITED 

2 STATES ENTITIES ACROSS INDUSTRIAL SEC3 TORS SOURCE FROM THE PEOPLE’S REPUB4 LIC OF CHINA AND USE CHINESE-OPERATED 

5 GLOBAL DISTRIBUTION NETWORKS. 

6 Not later than 180 days after the date of the enact7 ment of this Act, the Secretary of Commerce shall submit 

8 to the appropriate congressional committees a report re9 garding the degree to which private entities in the United 

10 States across industrial sectors source from the People’s 

11 Republic of China and use Chinese-operated global dis12 tribution networks. 

13 SEC. 450. REPORT ON ANTICOMPETITIVE BEHAVIOR BY 

14 THE GOVERNMENT OF CHINA. 

15 Not later than 1 year after the date of enactment 

16 of this Act, and annually thereafter, the Secretary of the 

17 Treasury, in consultation with the Attorney General, the 

18 Federal Trade Commission, and such other Federal offi19 cials as the Secretary considers appropriate, shall submit 

20 to Congress a report on the economic effects of alleged 

21 anticompetitive behavior by antitrust enforcers in the Peo22 ple’s Republic of China. 


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1 SEC. 451. REPORT ON INVESTMENT RECIPROCITY BE2 TWEEN THE UNITED STATES AND THE PEO3 PLE’S REPUBLIC OF CHINA. 

4 Not later than 180 days after the date of the enact5 ment of this Act, the Secretary of the Treasury shall sub6 mit to Congress a report on legislative or administrative 

7 action that would be necessary to permit the President to 

8 condition the provision of access by Chinese investors to 

9 the United States market on a reciprocal, sector-by-sector 

10 basis to provide an equivalent level of market access as 

11 there is for United States investors to the market of the 

12 People’s Republic of China. 

13 SEC. 452. STATEMENT OF POLICY TO ENCOURAGE THE DE14 VELOPMENT OF A CORPORATE CODE OF 

15 CONDUCT FOR COUNTERING MALIGN INFLU16 ENCE IN THE PRIVATE SECTOR. 

17 It is the policy of the United States— 

18 (1) to support business practices that are open, 

19 transparent, respect workers’ rights, and are envi20 ronmentally conscious; 

21 (2) to reaffirm the commitment of the United 

22 States to economic freedom, which is the bedrock of 

23 the United States economy and enables anyone in 

24 the United States to freely conduct business and 

25 pursue the American dream; 


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1 (3) to support freedom of expression for all peo2 ple; 

3 (4) to promote the security of United States 

4 supply chains and United States businesses against 

5 malign foreign influence; 

6 (5) to welcome and commit to supporting busi7 ness people from the People’s Republic of China who 

8 are in the United States to pursue the American 

9 dream, free from restrictions and surveillance, in10 cluding freedom of inquiry and freedom of expres11 sion, that may be proscribed or restricted in the 

12 People’s Republic of China; 

13 (6) to condemn and oppose xenophobia and ra14 cial discrimination in any form, including against 

15 Chinese businesspeople, entrepreneurs, and visitors 

16 in the United States; 

17 (7) to recognize the threats posed to economic 

18 freedom and freedom of expression by the Govern19 ment of China, which are seeking to influence and 

20 interfere with United States businesses and distort 

21 United States markets for the gain of the People’s 

22 Republic of China, either directly or indirectly; 

23 (8) to condemn the practice by the Government 

24 of China of direct and indirect surveillance and cen25 sorship and acts of retaliation by officials of that 


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1 Government or their agents against businesspeople 

2 or entrepreneurs, as well as harassment of their 

3 family members in the People’s Republic of China, 

4 for the international business dealings of Chinese 

5 students and scholars; 

6 (9) to encourage United States businesses that 

7 conduct substantial business with or in the People’s 

8 Republic of China to collectively develop and commit 

9 to using best practices to ensure that their business 

10 in or with the People’s Republic of China is con11 sistent with the policies of the United States; and 

12 (10) to specifically encourage United States 

13 businesses to develop and agree to a code of conduct 

14 for business with or in the People’s Republic of 

15 China, pursuant to which a United States business 

16 would commit— 

17 (A) to protect the free speech rights of its 

18 employees to, in their personal capacities, ex19 press views on global issues without fear that 

20 pressure from the Government of China would 

21 result in them being retaliated against by the 

22 business; 

23 (B) to ensure that products and services 

24 made by the business and sold in the People’s 

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1 ment of China to undermine fundamental rights 

2 and freedoms, for example by facilitating re3 pression and censorship; 

4 (C) to maintain robust due diligence pro5 grams to ensure that the business is not engag6 ing in business with— 

7 (i) the military of the People’s Repub8 lic of China; 

9 (ii) Chinese entities subject to United 

10 States export controls; or 

11 (iii) other Chinese actors that engage 

12 in conduct prohibited by the law of the 

13 United States; 

14 (D) to disclose publicly any funding or 

15 support received from Chinese diplomatic mis16 sions or other entities linked to the Government 

17 of China; 

18 (E) to help mentor and support business19 people and entrepreneurs from the People’s Re20 public of China to ensure that they can enjoy 

21 full economic freedom; 

22 (F) to ensure that employees of the busi23 ness in the People’s Republic of China are not 

24 subject to undue influence by the Government 

25 of China at their workplace; and 


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1 (G) to ensure that agreements and prac2 tices of the business in the People’s Republic of 

3 China ensure the protection of intellectual prop4 erty. 

5 SEC. 453. ANALYSIS OF FOREIGN LAWS, POLICIES, AND 

6 PRACTICES THAT HARM COMPETITION. 

7 Section 181(a) of the Trade Act of 1974 (19 U.S.C. 

8 2241(a)) is amended— 

9 (1) by redesignating paragraph (4) as para10 graph (5); and 

11 (2) by inserting after paragraph (3) the fol12 lowing: 

13 ‘‘(4) INCLUSION OF LAWS, POLICIES, AND PRAC14 TICES THAT HARM COMPETITION.— 

15 ‘‘(A) IN GENERAL.—For calendar year 

16 2021 and each succeeding calendar year, the 

17 Trade Representative shall include in the anal18 yses and estimates under paragraph (1) an 

19 identification and analysis of any laws, policies, 

20 or practices of a foreign country that are mar21 ket-distorting so as to potentially harm com22 petition in the United States and violate anti23 trust laws of the United States. 

24 ‘‘(B) REPORTING REQUIREMENT.—In each 

25 report required by subsection (b), the Trade 


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1 Representative shall include a description and 

2 estimate of the impact of each law, policy, or 

3 practice identified under subparagraph (A) on 

4 United States commerce. 

5 ‘‘(C) INFORMATION SHARING.—The Trade 

6 Representative shall provide a list of the laws, 

7 policies, and practices identified under subpara8 graph (A), and any supporting information, to 

9 the Attorney General and the Federal Trade 

10 Commission to develop policy and research tools 

11 to promote competition and inform the enforce12 ment of antitrust laws.’’. 

Æ 


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