II 

118TH CONGRESS 

1ST SESSION S. 367 

To promote economic and commercial opportunities internationally, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9, 2023 

Mr. RISCH introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

A BILL 

To promote economic and commercial opportunities 

internationally, and for other purposes. 

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 ‘‘Economic and Commercial Opportunities and Networks 

6 Act of 2023’’ or the ‘‘ECON Act’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—STRENGTHENING THE DEPARTMENT OF STATE 

ECONOMIC CORPS 


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Sec. 101. Duties of Foreign Service economic officers. 

Sec. 102. Establishment of new award of excellence for economic officers. 

Sec. 103. Report on chiefs of mission and deputy chiefs of mission by cone. 

Sec. 104. Report on recruitment, retention, and promotion of Foreign Service 

economic officers. 

Sec. 105. Mandate to revise Department of State metrics for successful economic and commercial diplomacy. 

TITLE II—UPPING AMERICA’S GAME IN THE FIELD 

Sec. 201. Chief of Mission economic responsibilities. 

Sec. 202. Direction to embassy deal teams. 

Sec. 203. Establishment of a ‘‘Deal Team of the Year’’ award. 

Sec. 204. Economic defense response teams. 

TITLE III—COOPERATING WITH ALLIES AND PARTNERS 

Sec. 301. Investing in talent in Southeast Asia and the Pacific Islands. 

Sec. 302. Regulatory exchanges with allies and partners. 

Sec. 303. Infrastructure Transaction and Assistance Network. 

Sec. 304. Digital Connectivity and Cybersecurity Partnership. 

TITLE IV—BOOSTING INTERNATIONAL TRADE AND INVESTMENT 

Sec. 401. Pilot program to audit barriers to trade in developing partner countries. 

Sec. 402. Promoting adoption of United Nations Convention on Assignment of 

Receivables in International Trade. 

TITLE V—COMBATING ANTI-COMPETITIVE BEHAVIOR 

Sec. 501. Predatory pricing by entities owned, controlled, or directed by a foreign state. 

Sec. 502. Expansion of offense of theft of trade secrets to include unauthorized 

development of products and digital articles. 

Sec. 503. Review of petitions related to intellectual property theft and forced 

technology transfer. 

1 TITLE I—STRENGTHENING THE 

2 DEPARTMENT OF STATE ECO3 NOMIC CORPS 

4 SEC. 101. DUTIES OF FOREIGN SERVICE ECONOMIC OFFI5 CERS. 

6 (a) IN GENERAL.—Chapter 5 of title I of the Foreign 

7 Service Act of 1980 (22 U.S.C. 3981 et seq.) is amended 

8 by adding at the end the following: 


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1 ‘‘SEC. 506. DUTIES OF ECONOMIC OFFICERS. 

2 ‘‘(a) IN GENERAL.—The Secretary of State shall di3 rect the economic officers of the Foreign Service— 

4 ‘‘(1) to negotiate agreements with foreign gov5 ernments and international organizations; 

6 ‘‘(2) to inform the Washington, DC, head7 quarters offices of Federal agencies with respect to 

8 the positions of foreign governments and inter9 national organizations in negotiations; 

10 ‘‘(3) to advance and oversee— 

11 ‘‘(A) the routine implementation and main12 tenance of economic and commercial agree13 ments; and 

14 ‘‘(B) other initiatives in the countries to 

15 which such officers are assigned related to im16 proving economic or commercial relations for 

17 the benefit of United States persons, including 

18 businesses; 

19 ‘‘(4) to identify, and help design and execute, in 

20 consultation with other Federal agencies, United 

21 States policies, programs, and initiatives, including 

22 capacity building efforts, to advance policies of for23 eign governments that improve local economic gov24 ernance, market-based business environments, and 

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1 tunities, or provide a more level playing field for 

2 United States persons, including with respect to— 

3 ‘‘(A) improving revenue collection; 

4 ‘‘(B) streamlining customs processes and 

5 improving customs transparency and efficiency; 

6 ‘‘(C) improving regulatory management; 

7 ‘‘(D) improving procurement processes, in8 cluding facilitating transparency in tendering, 

9 bidding, and contact negotiation; 

10 ‘‘(E) advancing intellectual property pro11 tections; 

12 ‘‘(F) eliminating anticompetitive subsidies 

13 and improving the transparency of remaining 

14 subsidies; 

15 ‘‘(G) improving budget management and 

16 oversight; and 

17 ‘‘(H) strengthening management of impor18 tant economic sectors; 

19 ‘‘(5) to prioritize active support of economic 

20 and commercial goals by United States persons 

21 abroad, in conjunction with the United States and 

22 Foreign Commercial Service (established by section 

23 2301 of the Export Enhancement Act of 1988 (15 

24 U.S.C. 4721)), including by— 


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1 ‘‘(A) providing United States persons with 

2 leads, information on open tenders, and intro3 ductions to relevant contacts within foreign 

4 countries; 

5 ‘‘(B) assisting United States persons in 

6 their dealings with foreign governments and en7 terprises owned by foreign governments; 

8 ‘‘(C) providing United States persons with 

9 information and assistance in using all types of 

10 United States Government support with respect 

11 to international economic matters, including 

12 such support provided by the Department of 

13 State, the Department of Commerce, the Ex14 port-Import Bank of the United States, the 

15 United States International Development Fi16 nance Corporation, the Trade and Development 

17 Agency, the Department of Agriculture, and the 

18 Department of the Treasury; and 

19 ‘‘(D) receiving feedback from United 

20 States persons with respect to support de21 scribed in subparagraph (C) and reporting that 

22 feedback to the chief of mission and to the 

23 headquarters of the Department of State; 

24 ‘‘(6) to consult closely and regularly with the 

25 private sector, as described in section 709 of the 


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1 Championing American Business through Diplomacy 

2 Act (22 U.S.C. 9905); 

3 ‘‘(7) to identify and execute opportunities for 

4 the United States to counter policies, initiatives, or 

5 activities by authoritarian governments or enter6 prises affiliated with such governments that are 

7 anticompetitive or undermine the sovereignty or 

8 prosperity of the United States or a partner country; 

9 ‘‘(8) to identify and execute opportunities for 

10 the United States in new and emerging areas of 

11 trade and investment, such as digital trade and in12 vestment; 

13 ‘‘(9) to monitor the development and implemen14 tation of bilateral and multilateral economic agree15 ments and provide recommendations to the Sec16 retary of State and the heads of other relevant Fed17 eral agencies with respect to United States actions 

18 and initiatives relating to those agreements; 

19 ‘‘(10) to maintain complete and accurate 

20 records of the performance measurements of the De21 partment for economic and commercial diplomacy 

22 activities, as directed by the chief of mission and 

23 other senior officials of the Department; 

24 ‘‘(11) to report on issues and developments with 

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1 tional security interests, especially when accurate, 

2 reliable, timely, and cost-effective information is un3 available from non-United States Government 

4 sources; and 

5 ‘‘(12) to coordinate all activities as necessary 

6 and appropriate with counterparts in other agencies. 

7 ‘‘(b) REGULATORY UPDATES.—The Secretary of 

8 State shall update guidance in the Foreign Affairs Manual 

9 and other regulations and guidance as necessary to imple10 ment this section. 

11 ‘‘(c) UNITED STATES PERSON DEFINED.—In this 

12 section, the term ‘United States person’ means— 

13 ‘‘(1) a United States citizen or an alien lawfully 

14 admitted for permanent residence to the United 

15 States; or 

16 ‘‘(2) an entity organized under the laws of the 

17 United States or any jurisdiction within the United 

18 States, including a foreign branch of such an enti19 ty.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 for the Foreign Service Act of 1980 is amended by insert22 ing after the item relating to section 505 the following: 

‘‘Sec. 506. Duties of economic officers.’’. 


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1 SEC. 102. ESTABLISHMENT OF NEW AWARD OF EXCEL2 LENCE FOR ECONOMIC OFFICERS. 

3 Chapter 6 of the Foreign Service Act of 1980 (22 

4 U.S.C. 4001 et seq.), is amended by adding at the end 

5 the following new section: 

6 ‘‘SEC. 615. FOREIGN SERVICE AWARDS FOR OUTSTANDING 

7 CONTRIBUTIONS TO UNITED STATES ECO8 NOMIC AND COMMERCIAL DIPLOMACY. 

9 ‘‘(a) ESTABLISHMENT.—The Secretary of State shall 

10 establish an award to recognize outstanding contributions 

11 to advancing United States interests in the areas of eco12 nomic diplomacy or commercial diplomacy. The award 

13 shall be known as the ‘Congressional Award for High 

14 Achievement in Economic and Commercial Diplomacy’. 

15 ‘‘(b) AWARD CONTENT.—The recipients of this 

16 award shall receive— 

17 ‘‘(1) a certificate signed by the Secretary of 

18 State; 

19 ‘‘(2) a cash award of $15,000; and 

20 ‘‘(3) in the case of Foreign Service employees, 

21 inclusion in the next employee evaluation report; or 

22 ‘‘(4) in the case of Civil Service employees, in23 clusion in the next annual performance evaluation. 

24 ‘‘(c) ELIGIBILITY.—The following individuals are eli25 gible for an award under this section: 


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1 ‘‘(1) Economic officers in the Foreign Service 

2 with at least three years of experience and one over3 seas posting with responsibilities for United States 

4 economic and commercial interests; and 

5 ‘‘(2) Civil Service employees with at least three 

6 years of experience and with direct responsibility for 

7 economic and commercial matters. 

8 ‘‘(d) NUMBER OF AWARDEES.—For each fiscal year, 

9 the Secretary of State shall award— 

10 ‘‘(1) no fewer than 3 awards and no more than 

11 5 awards to members of the Foreign Service; and 

12 ‘‘(2) no fewer than 3 award and no more than 

13 5 awards to Civil Service employees. 

14 ‘‘(e) CRITERIA.—Selection for an award under this 

15 section shall be based on— 

16 ‘‘(1) the employee playing a key or decisive role 

17 in the establishment or improvement in an overseas 

18 market of free and fair market practice or practices; 

19 ‘‘(2) the employee playing a key or decisive role 

20 in assisting a United States company to achieve a 

21 substantial economic, commercial, or investment goal 

22 in an overseas market or markets; 

23 ‘‘(3) the employee playing a key or decisive role 

24 in the expansion of trade or investment ties with an25 other country or countries; 


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1 ‘‘(4) the employee playing a key or decisive role 

2 in the advancement of regional economic integration 

3 that has tangible benefits for the United States 

4 economy; 

5 ‘‘(5) the employee demonstrating excellence in 

6 advancing United States interests and partnerships 

7 in the digital economy; 

8 ‘‘(6) the employee demonstrating excellence in 

9 advancing United States interests and partnerships 

10 with respect to infrastructure; 

11 ‘‘(7) the employee demonstrating excellence in 

12 advancing United States interests and partnerships 

13 with respect to energy; 

14 ‘‘(8) the employee advancing a concrete policy, 

15 action, or initiative that counters authoritarian mod16 els of economic governance or anti-competitive eco17 nomic behavior that undermines free markets; or 

18 ‘‘(9) any combination of such criteria. 

19 ‘‘(f) RESTRICTION.—The Secretary of State shall not 

20 provide an award solely on the basis of an employee dem21 onstrating excellence in one of the following activities: 

22 ‘‘(1) Providing economic reporting through ca23 bles and via other means. 

24 ‘‘(2) Writing a Department report or reports on 

25 economic matters. 


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1 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—For 

2 each of fiscal years 2024 through 2031, there is author3 ized to be appropriated to the Department of State 

4 $150,000 for the purposes of providing cash awards to 

5 recipients of the award established under this section. 

6 ‘‘(h) TRANSMISSION TO CONGRESS.—Not later than 

7 the end of the relevant fiscal year, the Secretary of State 

8 shall submit the following information to the appropriate 

9 congressional committees: 

10 ‘‘(1) The name of each awardee. 

11 ‘‘(2) The current position and Foreign Service 

12 or General Schedule rank of each awardee. 

13 ‘‘(3) A description of the basis on which each 

14 awardee received the award.’’. 

15 SEC. 103. REPORT ON CHIEFS OF MISSION AND DEPUTY 

16 CHIEFS OF MISSION BY CONE. 

17 (a) REPORT.—Not later than April 1, 2024, and an18 nually thereafter for four years, the Secretary of State 

19 shall submit to the appropriate congressional committees 

20 a report that includes— 

21 (1) the Foreign Service cone of each current 

22 chief of mission and deputy chief of mission (or who23 ever is acting in the capacity of chief or deputy chief 

24 of mission if none is present) for each United States 


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1 embassy in which there is a Foreign Service office 

2 filling either of those positions; and 

3 (2) the aggregated global data for chiefs of mis4 sion and deputy chiefs of mission by cone. 

5 (b) APPROPRIATE CONGRESSIONAL COMMITTEES

6 DEFINED.—In this section, the term ‘‘appropriate con7 gressional committees’’ means— 

8 (1) the Committee on Foreign Relations of the 

9 Senate; and 

10 (2) the Committee on Foreign Affairs of the 

11 House of Representatives. 

12 SEC. 104. REPORT ON RECRUITMENT, RETENTION, AND 

13 PROMOTION OF FOREIGN SERVICE ECO14 NOMIC OFFICERS. 

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

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

17 shall submit to the appropriate congressional committees 

18 a report on the recruitment, retention, and promotion of 

19 economic officers in the Foreign Service. 

20 (b) ELEMENTS.—The report required by subsection 

21 (a) shall include the following: 

22 (1) An overview of the key challenges the De23 partment of State faces in recruiting individuals to 

24 serve as economic officers in the Foreign Service. 


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1 (2) An overview of the key challenges the De2 partment faces in retaining individuals serving as 

3 economic officers in the Foreign Service, particularly 

4 at the level of GS–14 of the General Schedule and 

5 higher. 

6 (3) An overview of the key challenges in recruit7 ing and retaining qualified individuals to serve in 

8 economic positions in the civil service. 

9 (4) A comparison of promotion rates for eco10 nomic officers in the Foreign Service relative to 

11 other officers in the Foreign Service. 

12 (5) An identification by region of hard-to-fill 

13 posts and proposed incentives to improve staffing of 

14 economic officers in the Foreign Service at such 

15 posts. 

16 (6) A summary and analysis of the factors that 

17 lead to the promotion of economic officers in the 

18 Foreign Service. 

19 (7) A summary and analysis of the factors that 

20 lead to the promotion of individuals serving in eco21 nomic positions in the civil service. 

22 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE23 FINED.—In this section, the term ‘‘appropriate congres24 sional committees’’ means— 


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1 (1) the Committee on Foreign Relations and 

2 the Committee on Appropriations of the Senate; and 

3 (2) the Committee on Foreign Affairs and the 

4 Committee on Appropriations of the House of Rep5 resentatives. 

6 SEC. 105. MANDATE TO REVISE DEPARTMENT OF STATE 

7 METRICS FOR SUCCESSFUL ECONOMIC AND 

8 COMMERCIAL DIPLOMACY. 

9 (a) MANDATE TO REVISE DEPARTMENT OF STATE

10 PERFORMANCE MEASURES FOR ECONOMIC AND COMMER11 CIAL DIPLOMACY.—The Secretary of State, acting 

12 through the Under Secretary for Economic Growth, En13 ergy, and the Environment, shall conduct a full review and 

14 revision of Department of State performance measures for 

15 economic and commercial diplomacy. The revision shall 

16 identify outcome-oriented, and not process-oriented, per17 formance metrics, including metrics that— 

18 (1) measure how Department of State efforts 

19 advanced specific economic and commercial objec20 tives and led to successes for the United States or 

21 other private sector actors overseas; and 

22 (2) that focus on customer satisfaction with De23 partment of State services and assistance. 

24 (b) PLAN FOR ENSURING COMPLETE DATA FOR

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1 quired under subsection (a), the Secretary of State shall 

2 include a plan for ensuring that the Department of State, 

3 both at main headquarters and at domestic and overseas 

4 posts, maintains and fully updates data on performance 

5 measures to ensure that Department of State leadership 

6 and the appropriate congressional committees can evalu7 ate the extent to which the Department is advancing 

8 United States economic and commercial interests abroad 

9 through meeting performance targets. 

10 (c) REPORT ON PRIVATE SECTOR SURVEYS.—The 

11 Secretary of State, acting through the Under Secretary 

12 for Economic Growth, Energy, and the Environment, shall 

13 prepare a report that lists and describes any and all meth14 ods through which the Department of State conducts sur15 veys of the private sector to measure private sector satis16 faction with assistance and services provided by the De17 partment of State to advance private sector economic and 

18 commercial goals in foreign markets. 

19 (d) TRANSMISSION TO CONGRESS.— 

20 (1) REPORT.—Not later than 180 days after 

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

22 of State shall submit to the appropriate congres23 sional committees the revised performance metrics 

24 required under subsection (b) and the report re25 quired under subsection (d). 


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1 (2) BRIEFING.—Not later than 30 days after 

2 the report submissions required under paragraph 

3 (1), the Under Secretary for Economic Growth, En4 ergy, and the Environment shall brief the appro5 priate congressional committees. 

6 (e) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

7 In this section, the term ‘‘appropriate congressional com8 mittees’’ means— 

9 (1) the Committee on Foreign Relations of the 

10 Senate; and 

11 (2) the Committee on Foreign Affairs of the 

12 House of Representatives. 

13 TITLE II—UPPING AMERICA’S 

14 GAME IN THE FIELD 

15 SEC. 201. CHIEF OF MISSION ECONOMIC RESPONSIBIL16 ITIES. 

17 Section 207 of the Foreign Service Act of 1980 (22 

18 U.S.C. 3927) is amended by adding at the end the fol19 lowing new subsection: 

20 ‘‘(e) EMBASSY ECONOMIC TEAM.— 

21 ‘‘(1) COORDINATION AND SUPERVISION RE22 SPONSIBILITY.—The chief of mission shall have re23 sponsibility for coordinating and supervising the im24 plementation of all United States economic policy in25 terests within the host country, among all United 


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1 States Government departments and agencies 

2 present in that country. 

3 ‘‘(2) ACCOUNTABILITY.—The chief of mission 

4 shall be held accountable for the performance of 

5 United States missions in advancing United States 

6 economic policy interests within the host country, in7 cluding the activities and initiatives of all United 

8 States Government departments and agencies 

9 present in that country. 

10 ‘‘(3) MISSION ECONOMIC TEAM.—The chief of 

11 mission shall form an economic team made up of ap12 propriate embassy staff with responsibility for— 

13 ‘‘(A) monitoring notable economic develop14 ments in the host country; and 

15 ‘‘(B) developing plans and strategies for 

16 advancing United States economic and commer17 cial interests in the host country including— 

18 ‘‘(i) tracking legislative, regulatory, 

19 judicial, and policy developments that 

20 could affect United States economic inter21 ests; 

22 ‘‘(ii) advocating for best practices with 

23 respect to policy and regulatory develop24 ments; 


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1 ‘‘(iii) conducting a regular analysis of 

2 market systems, trends, prospects, and op3 portunities for value-addition, including 

4 risk assessments and constraints analyses 

5 of key sectors and of United States stra6 tegic competitiveness, and other reporting 

7 on commercial opportunities and invest8 ment climate; and 

9 ‘‘(iv) providing recommendations for 

10 responding to such developments that may 

11 adversely affect United States economic 

12 and commercial interests.’’. 

13 SEC. 202. DIRECTION TO EMBASSY DEAL TEAMS. 

14 (a) PURPOSES.—The purposes of deal teams at 

15 United States embassies and consulates are— 

16 (1) to promote a private sector-led approach to 

17 advance economic growth and job creation, tailored 

18 as appropriate to specific economic sectors and while 

19 advancing strategic partnerships; 

20 (2) to prioritize efforts to identify commercial 

21 opportunities, advocate for improvements in the 

22 business and investment climate, engage and consult 

23 with private sector partners, and report on such ac24 tivities, in compliance with the applicable require25 ments of the Championing American Business 


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1 Through Diplomacy Act of 2019 (title VII of divi2 sion J of Public Law 116–94; 22 U.S.C. 9901 et 

3 seq.); 

4 (3) to identify trade and investment opportuni5 ties for United States companies in foreign markets, 

6 or assist with existing trade and investment opportu7 nities already identified by United States companies, 

8 and deploy United States Government economic and 

9 other tools to help such United States companies to 

10 secure their objectives; 

11 (4) to identify and facilitate opportunities for 

12 entities in a host country to increase exports to or 

13 investment in the United States in order to grow 

14 two-way trade and investment; 

15 (5) to modernize, streamline, and improve ac16 cess to resources and services designed to promote 

17 increased trade and investment opportunities; 

18 (6) to identify and secure United States or al19 lied government support, including through the Stra20 tegic Infrastructure Fund authorized under section 

21 303(c), of strategic projects, including projects vul22 nerable to predatory investment by an authoritarian 

23 country or entity in such country, where support or 

24 investment serves an important United States inter25 est; 


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1 (7) to coordinate across the Unites States Gov2 ernment to ensure the appropriate and most effec3 tive use of United States Government tools to sup4 port United States economic and commercial objec5 tives; and 

6 (8) to coordinate with the Central Deal Team 

7 located in the United States on all these and other 

8 relevant matters. 

9 (b) CLARIFICATION.—A deal team may, but does not 

10 have to, consist of the same personnel as a mission eco11 nomic team formed pursuant to subsection (e)(3) of sec12 tion 207 of the Foreign Service Act of 1980 (22 U.S.C. 

13 3927), as added by section 201 of this Act. 

14 (c) RESTRICTIONS.—Deal teams may not provide 

15 support for, or assist a United States person with a trans16 action with, a government, or an entity owned or con17 trolled by a government, if the Secretary of State has de18 termined that the government— 

19 (1) has repeatedly provided support for acts of 

20 international terrorism for purposes of— 

21 (A) section 1754(c)(1)(A)(i) of the Export 

22 Control Reform Act of 2018 (subtitle B of title 

23 XVII of Public Law 115–232); 

24 (B) section 620A(a) of the Foreign Assist25 ance Act of 1961 (22 U.S.C. 2371(a)); 


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1 (C) section 40(d) of the Arms Export Con2 trol Act (22 U.S.C. 2780(d)); or 

3 (D) any other relevant provision of law; or 

4 (2) has engaged in a consistent pattern of gross 

5 violations of internationally recognized human rights 

6 for purposes of section 116(a) or 502B(a)(2) of the 

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

8 2151n(a) and 2304(a)(2)) or any other relevant pro9 vision of law. 

10 (d) FURTHER RESTRICTIONS.— 

11 (1) PROHIBITION ON SUPPORT OF SANCTIONED

12 PERSONS.—Deal teams may not carry out activities 

13 prohibited under United States sanctions laws or 

14 regulations, including dealings with persons on the 

15 list of specially designated persons and blocked per16 sons maintained by the Office of Foreign Assets 

17 Control of the Department of the Treasury, except 

18 to the extent otherwise authorized by the Secretary 

19 of the Treasury or the Secretary of State. 

20 (2) PROHIBITION ON SUPPORT OF ACTIVITIES

21 SUBJECT TO SANCTIONS.—Any person receiving sup22 port from a deal team must be in compliance with 

23 all United States sanctions laws and regulations as 

24 a condition for receiving such assistance. 


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1 (e) CHIEF OF MISSION AUTHORITY AND ACCOUNT2 ABILITY.—The chief of mission is the designated leader 

3 of a deal team in a given partner country, and shall be 

4 held accountable for the performance and effectiveness of 

5 United States deal teams in that country. 

6 (f) ANNUAL GUIDANCE CABLE.—Not later than Jan7 uary 31 each year, the Secretary of State shall send an 

8 All Diplomatic and Consular Posts (ALDAC) guidance 

9 cable on the role of deal teams that includes relevant and 

10 up-to-date information to enhance the effectiveness of deal 

11 teams in-country. 

12 (g) ADDITIONAL GUIDANCE CABLES.—The require13 ment of an annual ALDAC shall not be construed to pre14 clude the Secretary of State from sending other commu15 nications to overseas posts regarding deal teams. 

16 (h) CERTIFICATION.—Not later than February 10 of 

17 each year, the Secretary of State shall certify to Congress 

18 that the cable required under subsection (f) was trans19 mitted as an All Diplomatic and Consular Posts (ALDAC) 

20 cable, and shall provide a brief summary of the cable, in21 cluding any major updates or changes compared with the 

22 prior annual guidance cable. 

23 (i) REPORT.—Concurrently with the certification re24 quired under subsection (h), the Secretary of State shall 

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1 sional committees on the activities, achievements, and fail2 ures of deal teams, which shall include— 

3 (1) a description of the nature and extent of co4 ordination among relevant Federal departments and 

5 agencies; 

6 (2) the dollar value of deals successfully com7 pleted by deal teams, disaggregated by country; 

8 (3) the number of United States companies as9 sisted by deal teams who achieved their objectives; 

10 (4) the percentage of United States companies 

11 assisted by deal teams who achieved their objectives; 

12 (5) a description of any exports to or invest13 ment into the United States by partner countries fa14 cilitated by deal teams; 

15 (6) examples of successful investments, deals, 

16 or transactions in the infrastructure, energy, and 

17 digital sectors; 

18 (7) examples where deal team support pre19 vented predatory financing or other involvement by 

20 an authoritarian actor; and 

21 (8) examples of failures of deal teams to 

22 achieve stated objectives, any lessons learned, and 

23 how deal teams will improve based on those lessons 

24 learned. 

25 (j) CONFIDENTIALITY OF INFORMATION.— 


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1 (1) IN GENERAL.—In preparing the certifi2 cation and the report required under this section, 

3 the Secretary of State shall protect from disclosure 

4 any proprietary information of a United States per5 son marked as business confidential information, un6 less the person submitting the information— 

7 (A) had notice, at the time of submission, 

8 that the information would be released by; or 

9 (B) subsequently consents to the release of 

10 the information. 

11 (2) TREATMENT AS TRADE SECRETS.—Propri12 etary information obtained by the United States 

13 Government from a United States person pursuant 

14 to the activities of deal teams shall be— 

15 (A) considered to be trade secrets and 

16 commercial or financial information (as those 

17 terms are used for purposes of section 

18 552b(c)(4) of title 5, United States Code); and 

19 (B) exempt from disclosure without the ex20 press approval of the person. 

21 (k) SUNSET.—The requirements under subsections 

22 (f) through (h) shall terminate five years after the date 

23 of the enactment of this Act. 


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1 SEC. 203. ESTABLISHMENT OF A ‘‘DEAL TEAM OF THE 

2 YEAR’’ AWARD. 

3 (a) ESTABLISHMENT.—The Secretary of State shall 

4 establish a new award to be awarded to one deal team 

5 per region at a United States mission annually to recog6 nize outstanding achievements in supporting a United 

7 States company or companies pursuing commercial deals 

8 abroad or in identifying new deal prospects for United 

9 States companies. The award shall be known as the ‘‘Deal 

10 Team of the Year Award’’. 

11 (b) AWARD CONTENT.— 

12 (1) DEPARTMENT OF STATE.—Each member of 

13 a deal team receiving an award pursuant to this sec14 tion shall receive a certificate that is signed by the 

15 Secretary of State and— 

16 (A) in the case of a member of the Foreign 

17 Service, is included in the next employee evalua18 tion report; or 

19 (B) in the case of a Civil Service employee, 

20 is included in the next annual performance re21 view. 

22 (2) OTHER FEDERAL AGENCIES.—In the case 

23 of a United States Government employee that is not 

24 employed by the Department of State, the employing 

25 agency may determine whether to provide the em26 ployee receiving an award under this section any recVerDate Sep 11 2014 23:04 Feb 27, 2023 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S367.IS S367

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1 ognition or benefits in addition to those provided by 

2 the Department of State. 

3 (c) ELIGIBILITY.—Any interagency economics team 

4 at a United States overseas mission under chief of mission 

5 authority that assists United States companies with iden6 tifying, navigating, and securing trade and investment op7 portunities in a foreign country, or that facilitates bene8 ficial foreign investment into the United States is eligible 

9 for an award under this section. 

10 (d) TRANSMISSION TO CONGRESS.—Not later than 

11 the end of the relevant fiscal year, the Secretary of State 

12 shall submit the following information to the appropriate 

13 congressional committees: 

14 (1) The mission receiving the ‘‘Deal Team of 

15 the Year Award’’. 

16 (2) The names and agencies of each awardee 

17 within the deal team. 

18 (3) A detailed description of the reason the deal 

19 team received the award. 

20 SEC. 204. ECONOMIC DEFENSE RESPONSE TEAMS. 

21 (a) PILOT PROGRAM.—Not later than 180 days after 

22 the date of the enactment of this Act, the President, act23 ing through the Secretary of State, who shall coordinate 

24 with other relevant Federal departments and agencies, 

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1 ation of deployable economic defense response teams to 

2 help provide targeted assistance and support to a country 

3 subjected to an urgent or specific threat or use of coercive 

4 economic practices by an adversary of the United States. 

5 Such assistance and support may include the following ac6 tivities: 

7 (1) Reducing the partner country’s vulnerability 

8 to coercive economic measures. 

9 (2) Minimizing the damage that such measures 

10 by an adversary could cause to that country. 

11 (3) Identifying sectors most susceptible to coer12 cive economic behavior and providing suggested tools 

13 and strategies for an action plan. 

14 (4) Implementing any bilateral or multilateral 

15 contingency plans that may exist for responding to 

16 the threat or use of such measures. 

17 (5) In coordination with the partner country, 

18 developing or improving plans and strategies by the 

19 country for reducing vulnerabilities and improving 

20 responses to such measures in the future. 

21 (6) Assisting the partner country in addressing 

22 foreign sovereign investment in infrastructure, the 

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1 try’s sovereignty or harm United States national in2 terests. 

3 (7) Assisting the partner country in responding 

4 to specific efforts from an adversary attempting to 

5 employ coercive economic practices that undermine 

6 the partner country’s sovereignty, including efforts 

7 that undermine cybersecurity or digital infrastruc8 ture of the partner country or initiatives that intro9 duce digital technologies in a manner that under10 mines freedom, security, and sovereignty of the part11 ner country or its citizens. 

12 (8) Otherwise providing direct and relevant 

13 short-to-medium term economic or other assistance 

14 from the United States and marshalling other re15 sources in support of effective responses to coercive 

16 economic practices. 

17 (b) INSTITUTIONAL SUPPORT.—The pilot program 

18 required by subsection (a) should include the following ele19 ments: 

20 (1) Identification and designation of relevant 

21 personnel or ongoing lines of effort within the 

22 United States Government with expertise relevant to 

23 the objectives specified in subsection (a), including 

24 personnel in— 


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1 (A) the Department of State, for over2 seeing the economic defense response team’s ac3 tivities, engaging with the partner country gov4 ernment and other stakeholders, and other pur5 poses relevant to advancing the success of the 

6 mission of the economic defense response team; 

7 (B) the United States Agency for Inter8 national Development, for the purposes of pro9 viding technical and other assistance, generally; 

10 (C) the Department of the Treasury, for 

11 the purposes of providing advisory support and 

12 assistance on all financial matters and fiscal 

13 implications of the crisis at hand; 

14 (D) the Department of Commerce, for the 

15 purposes of providing economic analysis and as16 sistance in market development relevant to the 

17 partner country’s response to the crisis at hand, 

18 technology security as appropriate, and other 

19 matters that may be relevant; 

20 (E) the Department of Energy, for the 

21 purposes of providing advisory services and 

22 technical assistance with respect to energy 

23 needs as affected by the crisis at hand; 

24 (F) the Department of Homeland Security, 

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1 spect to digital and cybersecurity matters, and 

2 assisting in the development of any contingency 

3 plans referred to in paragraphs (3) and (6) of 

4 subsection (a) as appropriate; 

5 (G) the Department of Agriculture, for 

6 providing advisory and other assistance with re7 spect to responding to coercive practices such 

8 as arbitrary market closures that affect the 

9 partner country’s agricultural sector; 

10 (H) the Office of the United States Trade 

11 Representative with respect to providing sup12 port and guidance on trade and investment 

13 matters; 

14 (I) the Department of Defense with re15 spect to providing support or assistance on de16 fense sector, transportation infrastructure, and 

17 national security-sensitive technologies; and 

18 (J) other Federal departments and agen19 cies as determined by the President. 

20 (2) Negotiation of memoranda of under21 standing, where appropriate, with other United 

22 States Government components for the provision of 

23 any relevant participating or detailed non-Depart24 ment of State personnel identified under paragraph 

25 (1). 


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1 (3) Negotiation of contracts, as appropriate, 

2 with private sector representatives or other individ3 uals with relevant expertise to advance the objectives 

4 specified in subsection (a). 

5 (4) Development within the United States Gov6 ernment of— 

7 (A) appropriate training curricula for rel8 evant experts identified under paragraph (1) 

9 and for United States diplomatic personnel in a 

10 country actually or potentially threatened by co11 ercive economic practices; 

12 (B) operational procedures and appropriate 

13 protocols for the rapid assembly of such experts 

14 into one or more teams for deployment to a 

15 country actually or potentially threatened by co16 ercive economic measures; and 

17 (C) procedures for ensuring appropriate 

18 support for such teams, including, as applica19 ble, logistical assistance, office space, informa20 tion support, and communications. 

21 (5) Clear direction to United States diplomatic 

22 missions on the rapid and effective deployment of 

23 such teams, if necessary, and the establishment of 

24 appropriate liaison relationships with local public 

25 and private sector officials and entities. 


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1 (c) REPORTS REQUIRED.— 

2 (1) REPORT ON ESTABLISHMENT.—Upon estab3 lishment of the pilot program required by subsection 

4 (a), the Secretary of State shall provide the appro5 priate committees of Congress with a detailed report 

6 and briefing describing the pilot program, the major 

7 elements of the program, the personnel and institu8 tions involved, and the degree to which the program 

9 incorporates the elements described in subsection 

10 (a). 

11 (2) FOLLOW-UP REPORT.—Not later than one 

12 year after the report required by paragraph (1), the 

13 Secretary of State shall provide the appropriate com14 mittees of Congress with a detailed report and brief15 ing describing the operations over the previous year 

16 of the pilot program established pursuant to sub17 section (a), as well as the Secretary’s assessment of 

18 its performance and suitability for becoming a per19 manent program. 

20 (3) FORM.—Each report required under this 

21 subsection shall be submitted in unclassified form, 

22 but may include a classified annex. 

23 (d) DECLARATION OF A MAJOR ECONOMIC THREAT

24 REQUIRED.— 


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1 (1) NOTIFICATION.—The President may acti2 vate an economic defense response team for a period 

3 of 180 days under the authorities of this section to 

4 assist a partner country in responding to an unusual 

5 and extraordinary economic coercive threat by an 

6 adversary of the United States upon the declaration 

7 of a coercive economic emergency, together with no8 tification to the Committee on Foreign Relations of 

9 the Senate and the Committee on Foreign Affairs of 

10 the House of Representatives. 

11 (2) EXTENSION AUTHORITY.—The President 

12 may activate the response team for an additional 

13 180 days upon the submission of a detailed analysis 

14 to the committees described in paragraph (1) justi15 fying why the continued deployment of the economic 

16 defense response team in response to the economic 

17 emergency is in the national interests of the United 

18 States. 

19 (e) SUNSET.—The authorities provided under this 

20 section shall expire on December 31, 2027. 

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated $20,000,000 for each of fis23 cal years 2024 through 2028. 

24 (g) RULE OF CONSTRUCTION.—Neither the authority 

25 to declare an economic crisis provided for in subsection 


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1 (d), nor the declaration of an economic crisis pursuant to 

2 subsection (d), shall confer or be construed to confer any 

3 authority, power, duty, or responsibility to the President 

4 other than the authority to activate an economic defense 

5 response team as described in this section. 

6 (h) APPROPRIATE COMMITTEES OF CONGRESS DE7 FINED.—In this section, the term ‘‘appropriate commit8 tees of Congress’’ means— 

9 (1) the Committee on Foreign Relations, the 

10 Committee on Banking, Housing, and Urban Af11 fairs, the Committee on Commerce, Science, and 

12 Transportation, the Committee on Energy and Nat13 ural Resources, the Committee on Agriculture, Nu14 trition, and Forestry, the Committee on Armed 

15 Services, and the Committee on Finance of the Sen16 ate; and 

17 (2) the Committee on Foreign Affairs, the 

18 Committee on Financial Services, the Committee on 

19 Energy and Commerce, the Committee on Agri20 culture, the Committee on Armed Services, and the 

21 Committee on Ways and Means of the House of 

22 Representatives. 


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1 TITLE III—COOPERATING WITH 

2 ALLIES AND PARTNERS 

3 SEC. 301. INVESTING IN TALENT IN SOUTHEAST ASIA AND 

4 THE PACIFIC ISLANDS. 

5 (a) DEFINITIONS.—In this section: 

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘‘appropriate congressional com8 mittees’’ means— 

9 (A) the Committee on Foreign Relations 

10 and the Committee on Appropriations of the 

11 Senate; and 

12 (B) the Committee on Foreign Affairs and 

13 the Committee on Appropriations of the House 

14 of Representatives. 

15 (2) PACIFIC ISLANDS.—The term ‘‘Pacific Is16 lands’’ means the nations of Federated States of Mi17 cronesia, Fiji, Kiribati, Nauru, Palau, Papua New 

18 Guinea, Republic of Marshall Islands, Samoa, Sol19 omon Islands, Tonga, Tuvalu, and Vanuatu. 

20 (3) SOUTHEAST ASIA.—The term ‘‘Southeast 

21 Asia’’ means the nations of Brunei Darussalam, 

22 Cambodia, Indonesia, Lao PDR, Malaysia, 

23 Myanmar, the Philippines, Singapore, Thailand, 

24 Vietnam, and Timor-Leste. 


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1 (b) ESTABLISHMENT OF CENTER OF EXCEL2 LENCE.—The Secretary, in coordination with the heads of 

3 relevant Federal departments and agencies, is authorized 

4 to enter into public-private partnerships and establish a 

5 center of excellence located in a Southeast Asian country 

6 to build and enhance the technical capacity of officials, 

7 emerging leaders, and other qualified persons from coun8 tries in Southeast Asia and the Pacific Islands. 

9 (c) PRIORITY AREAS FOR TECHNICAL ASSISTANCE

10 AND CAPACITY BUILDING.—The center of excellence es11 tablished under subsection (b) will provide technical assist12 ance and capacity building in the following areas: 

13 (1) Revenue, customs, and income. 

14 (2) Regulatory management. 

15 (3) Procurement processes, including tendering, 

16 bidding, and contract negotiation. 

17 (4) Budget management and oversight. 

18 (5) Management of key economic sectors, in19 cluding energy, digital economy, and infrastructure. 

20 (d) TERMS AND CONDITIONS.—The program author21 ized under this section shall— 

22 (1) leverage existing United States foreign as23 sistance programs and activities in Southeast Asia 

24 and the Pacific Islands, which may include assist25 ance provided under— 


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1 (A) future leaders initiatives, such as the 

2 Young Southeast Asia Leaders Initiative and 

3 the Young Pacific Leaders Program; 

4 (B) the American Schools and Hospitals 

5 Abroad Act (22 U.S.C. 2174); 

6 (C) the Millennium Challenge Act of 2003 

7 (22 U.S.C. 7701); 

8 (D) U.S.-Support for Economic Growth in 

9 Asia (US-SEGA); and 

10 (E) other relevant education or scholarship 

11 programs; 

12 (2) be supported by instructors that— 

13 (A)(i) currently serve in relevant areas of 

14 the United States Government with a rank of 

15 not less than 12 on the GS scale; or 

16 (ii) possess at least ten years of experience 

17 relevant to the areas of instruction identified in 

18 subsection (c); 

19 (B) meet high professional standards with20 in their fields; and 

21 (C) are contracted by the center of excel22 lence established under subsection (b) or are 

23 deployed or detailed directly from a Federal 

24 Government agency; 

25 (3) seek to attract participants who— 


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1 (A)(i) are currently senior or mid-career 

2 officials in key technical ministries of partici3 pating countries in Southeast Asia or the Pa4 cific Islands; 

5 (ii) have demonstrated leadership potential 

6 and direct responsibility for crafting or imple7 menting policies relevant to the areas of in8 struction identified in subsection (c); and 

9 (iii) commit to return to government serv10 ice for a period of not less than five years after 

11 completing the program outlined in this section; 

12 or 

13 (B) are currently employed in utilities, 

14 publicly or privately owned companies, or other 

15 non-government entities with direct responsi16 bility for crafting or implementing policies rel17 evant to the areas of instruction identified in 

18 subsection (c); and 

19 (4) require financial or in-kind contributions 

20 from participating governments, commensurate with 

21 the gross domestic product of the countries. 

22 (e) AUTHORIZATION TO ENTER INTO MEMORANDA

23 OF UNDERSTANDING.—To fulfill the terms and conditions 

24 specified by subsection (d), the Secretary of State is au25 thorized to enter into memoranda of understanding with 


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1 participating governments to determine what financial or 

2 in-kind contributions will be made by the United States 

3 and what financial or in-kind contributions will be made 

4 by the participating government. 

5 (f) SPECIFICATION FOR MEMORANDA OF UNDER6 STANDING.—The value of financial or in-kind contribu7 tions by the United States and a particular participating 

8 government shall be determined and audited by an inde9 pendent entity chosen by mutual agreement of the United 

10 States and such government. 

11 (g) CONSULTATION AND REPORTING REQUIRE12 MENTS.— 

13 (1) CONSULTATION.—The Secretary shall con14 sult with the appropriate congressional committees 

15 prior to the obligation of funds authorized to be ap16 propriated under this Act. 

17 (2) CONSULTATION ON EXPANSION OUTSIDE

18 SOUTHEAST ASIA AND THE PACIFIC ISLANDS.—The 

19 Secretary shall consult with the appropriate congres20 sional committees prior to expanding the availability 

21 of this program to nations outside of Southeast Asia 

22 and the Pacific Islands. 

23 (3) ANNUAL REPORT.—The Secretary shall 

24 submit to the appropriate congressional committees 

25 an annual report on the activities of the program 


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1 authorized under this subsection through fiscal year 

2 2026. The report shall include— 

3 (A) a description of all major activities in 

4 the previous year; 

5 (B) a description of the financial and other 

6 contributions of the United States Government; 

7 (C) a description of the contributions made 

8 by governments in Southeast Asia or the Pacific 

9 Islands; 

10 (D) an assessment of the program’s suc11 cesses; and 

12 (E) an assessment of any required authori13 ties, funding, or other alterations to improve 

14 the program’s effectiveness. 

15 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated $15,000,000 for each of fis17 cal years 2024 through 2028 to carry out this section. 

18 SEC. 302. REGULATORY EXCHANGES WITH ALLIES AND 

19 PARTNERS. 

20 (a) IN GENERAL.—The Secretary of State, in coordi21 nation with the heads of other participating Federal agen22 cies, shall establish and develop a program to facilitate 

23 and encourage regular dialogues between United States 

24 Government regulatory and technical agencies and their 

25 counterpart organizations in allied and partner countries, 


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1 both bilaterally and in relevant multilateral institutions 

2 and organizations— 

3 (1) to promote best practices in regulatory for4 mation and implementation; 

5 (2) to collaborate to achieve optimal regulatory 

6 outcomes based on scientific, technical, and other 

7 relevant principles; 

8 (3) to seek better harmonization and alignment 

9 of regulations and regulatory practices; 

10 (4) to build consensus around industry and 

11 technical standards in emerging sectors that will 

12 drive future global economic growth and commerce; 

13 and 

14 (5) to promote United States standards regard15 ing environmental, labor, and other relevant protec16 tions in regulatory formation and implementation, in 

17 keeping with the values of free and open societies, 

18 including the rule of law. 

19 (b) PRIORITIZATION OF ACTIVITIES.—In facilitating 

20 expert exchanges under subsection (a), the Secretary shall 

21 prioritize— 

22 (1) bilateral coordination and collaboration with 

23 countries where greater regulatory coherence, har24 monization of standards, or communication and dia25 logue between technical agencies is achievable and 


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1 best advances the economic and national security in2 terests of the United States; 

3 (2) multilateral coordination and collaboration 

4 where greater regulatory coherence, harmonization 

5 of standards, or dialogue on other relevant regu6 latory matters is achievable and best advances the 

7 economic and national security interests of the 

8 United States, including with— 

9 (A) the European Union; 

10 (B) the Asia-Pacific Economic Coopera11 tion; 

12 (C) the Association of Southeast Asian Na13 tions (ASEAN); 

14 (D) the Organization for Economic Co15 operation and Development (OECD); and 

16 (E) multilateral development banks; and 

17 (3) regulatory practices and standards-setting 

18 bodies focused on key economic sectors and emerg19 ing technologies. 

20 (c) PARTICIPATION BY NONGOVERNMENTAL ENTI21 TIES.—With regard to the program described in sub22 section (a), the Secretary of State may facilitate, including 

23 through the use of amounts appropriated pursuant to sub24 section (e), the participation of private sector representa25 tives, and other relevant organizations and individuals 


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1 with relevant expertise, as appropriate and to the extent 

2 that such participation advances the goals of such pro3 gram. 

4 (d) DELEGATION OF AUTHORITY BY THE SEC5 RETARY.—The Secretary of State is authorized to delegate 

6 the responsibilities described in this section to the Under 

7 Secretary of State for Economic Growth, Energy, and the 

8 Environment. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.— 

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

11 appropriated $2,500,000 for each of fiscal years 

12 2024 through 2028 to carry out this section. 

13 (2) USE OF FUNDS.—The Secretary may make 

14 available amounts appropriated pursuant to para15 graph (1) in a manner that— 

16 (A) facilitates participation by representa17 tives from technical agencies within the United 

18 States Government and their counterparts; and 

19 (B) complies with applicable procedural re20 quirements under the State Department Basic 

21 Authorities Act of 1956 (22 U.S.C. 2651a et 

22 seq.) and the Foreign Assistance Act of 1961 

23 (22 U.S.C. 2151 et seq.). 


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1 SEC. 303. INFRASTRUCTURE TRANSACTION AND ASSIST2 ANCE NETWORK. 

3 (a) AUTHORITY.—The Secretary of State is author4 ized to establish an initiative, to be known as the ‘‘Infra5 structure Transaction and Assistance Network’’, under 

6 which the Secretary of State, in consultation with other 

7 relevant Federal agencies, may carry out various programs 

8 to advance the development of sustainable, transparent, 

9 and high-quality infrastructure in the Indo-Pacific region 

10 by— 

11 (1) strengthening capacity-building programs to 

12 improve project evaluation processes, regulatory and 

13 procurement environments, and project preparation 

14 capacity of countries that are partners of the United 

15 States in such development; 

16 (2) providing transaction advisory services and 

17 project preparation assistance to support sustainable 

18 infrastructure; and 

19 (3) coordinating the provision of United States 

20 assistance for the development of infrastructure, in21 cluding infrastructure that utilizes United States22 manufactured goods and services, and catalyzing in23 vestment led by the private sector. 

24 (b) TRANSACTION ADVISORY FUND.—As part of the 

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1 thorized to provide support, including through the Trans2 action Advisory Fund, for advisory services to help boost 

3 the capacity of partner countries to evaluate contracts and 

4 assess financial, environmental, or other relevant impacts 

5 of potential infrastructure projects, including through pro6 viding services such as— 

7 (1) legal services; 

8 (2) project preparation and feasibility studies; 

9 (3) debt sustainability analyses; 

10 (4) bid or proposal evaluation; and 

11 (5) other services relevant to advancing the de12 velopment of sustainable, transparent, and high13 quality infrastructure. 

14 (c) STRATEGIC INFRASTRUCTURE FUND.— 

15 (1) IN GENERAL.—As part of the ‘‘Infrastruc16 ture Transaction and Assistance Network’’ described 

17 under subsection (a), the Secretary of State is au18 thorized to provide support, including through the 

19 Strategic Infrastructure Fund, for technical assist20 ance, project preparation, pipeline development, and 

21 other infrastructure project support. 

22 (2) JOINT INFRASTRUCTURE PROJECTS.— 

23 Funds authorized for the Strategic Infrastructure 

24 Fund should be used in coordination with the De25 partment of Defense, the International Development 


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1 Finance Corporation, like-minded donor partners, 

2 and multilateral banks, as appropriate, to support 

3 joint infrastructure projects in the Indo-Pacific re4 gion. 

5 (3) STRATEGIC INFRASTRUCTURE PROJECTS.— 

6 Funds authorized for the Strategic Infrastructure 

7 Fund should be used to support strategic infrastruc8 ture projects that are in the national security inter9 est of the United States and vulnerable to strategic 

10 competitors. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated, for each of fiscal years 

13 2024 to 2028, $75,000,000 to the Infrastructure Trans14 action and Assistance Network, of which $20,000,000 is 

15 to be provided for the Transaction Advisory Fund. 

16 SEC. 304. DIGITAL CONNECTIVITY AND CYBERSECURITY 

17 PARTNERSHIP. 

18 (a) DIGITAL CONNECTIVITY AND CYBERSECURITY

19 PARTNERSHIP.—The Secretary of State is authorized to 

20 establish a program, to be known as the ‘‘Digital 

21 Connectivity and Cybersecurity Partnership’’ to help for22 eign countries— 

23 (1) expand and increase secure internet access 

24 and digital infrastructure in emerging markets; 

25 (2) protect technological assets, including data; 


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1 (3) adopt policies and regulatory positions that 

2 foster and encourage open, interoperable, reliable, 

3 and secure internet, the free flow of data, multi4 stakeholder models of internet governance, and pro5 competitive and secure information and communica6 tions technology (ICT) policies and regulations; 

7 (4) promote exports of United States ICT 

8 goods and services and increase United States com9 pany market share in target markets; 

10 (5) promote the diversification of ICT goods 

11 and supply chain services to be less reliant on im12 ports from the People’s Republic of China; and 

13 (6) build cybersecurity capacity, expand inter14 operability, and promote best practices for a national 

15 approach to cybersecurity. 

16 (b) IMPLEMENTATION PLAN.—Not later than 180 

17 days after the date of the enactment of this Act, the Sec18 retary of State shall submit to the appropriate committees 

19 of Congress an implementation plan for the coming year 

20 to advance the goals identified in subsection (a). 

21 (c) CONSULTATION.—In developing the action plan 

22 required by subsection (b), the Secretary of State shall 

23 consult with— 

24 (1) the appropriate congressional committees; 

25 (2) leaders of the United States industry; 


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1 (3) other relevant technology experts, including 

2 the Open Technology Fund; 

3 (4) representatives from relevant United States 

4 Government agencies; and 

5 (5) representatives from like-minded allies and 

6 partners. 

7 (d) BRIEFING REQUIREMENT.—Not later than 180 

8 days after the date of the enactment of this Act, and annu9 ally thereafter for five years, the Secretary of State shall 

10 provide the appropriate congressional committees a brief11 ing on the implementation of the plan required by sub12 section (b). 

13 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated $100,000,000 for each of 

15 fiscal years 2024 through 2028 to carry out this section. 

16 TITLE IV—BOOSTING INTER17 NATIONAL TRADE AND IN18 VESTMENT 

19 SEC. 401. PILOT PROGRAM TO AUDIT BARRIERS TO TRADE 

20 IN DEVELOPING PARTNER COUNTRIES. 

21 (a) ESTABLISHMENT.—The Secretary of State shall 

22 establish a pilot program— 

23 (1) to identify and evaluate barriers to trade 

24 and investment in developing countries that are 

25 partners of the United States; and 


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1 (2) to provide assistance relating to trade ca2 pacity building and trade facilitation to those coun3 tries. 

4 (b) PURPOSES.—Under the pilot program established 

5 under subsection (a), the Secretary shall, in partnership 

6 with the countries selected under subsection (c)(1) to par7 ticipate in the pilot program— 

8 (1) identify barriers in those countries to en9 hancing international trade and investment with the 

10 goal of setting priorities for the efficient use of 

11 United States trade-related assistance; 

12 (2) focus United States trade-related assistance 

13 on building self-sustaining institutional capacity for 

14 expanding international trade in those countries, 

15 consistent with international obligations and com16 mitments; and 

17 (3) further the national interests of the United 

18 States by— 

19 (A) expanding prosperity through the 

20 elimination of foreign barriers to trade and in21 vestment; 

22 (B) assisting the countries selected under 

23 subsection (c)(1) to identify and reduce barriers 

24 to— 


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1 (i) the movement of goods in inter2 national commerce; and 

3 (ii) foreign investment; 

4 (C) assisting those countries in under5 taking reforms that will encourage economic en6 gagement and sustainable development; and 

7 (D) assisting private sector entities in 

8 those countries to engage in reform efforts and 

9 enhance productive global supply chain partner10 ships with the United States and allies and 

11 partners of the United States. 

12 (c) SELECTION OF COUNTRIES.— 

13 (1) IN GENERAL.—The Secretary shall select 

14 countries for participation in the pilot program 

15 under subsection (a) from among countries— 

16 (A) that are developing countries and part17 ners of the United States; 

18 (B) the governments of which have clearly 

19 demonstrated a willingness to make appropriate 

20 legal, policy, and regulatory reforms by adopt21 ing internationally recognized best practices 

22 that are proven to stimulate economic growth 

23 and job creation, consistent with international 

24 trade rules and practices; and 


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1 (C) that meet such additional criteria as 

2 may be established jointly by the Secretary and 

3 the Administrator of the United States Agency 

4 for International Development. 

5 (2) CONSIDERATIONS FOR ADDITIONAL CRI6 TERIA.—In establishing additional criteria under 

7 paragraph (1)(C), the Secretary and the Adminis8 trator shall— 

9 (A) identify and address structural weak10 nesses, systemic flaws, or other impediments 

11 within countries that may be considered for 

12 participation in the pilot program under sub13 section (a) that impact the effectiveness of 

14 United States trade-related assistance and 

15 make recommendations for addressing those 

16 weaknesses, flaws, and impediments; 

17 (B) set priorities for trade capacity build18 ing to focus resources on countries where the 

19 provision of trade-related assistance can deliver 

20 the best value in identifying and eliminating 

21 barriers to trade and investment, including by 

22 fostering adherence to international trade obli23 gations; and 

24 (C) developing appropriate performance 

25 measures and establishing annual targets to 


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1 monitor and assess progress toward those tar2 gets, including measures to be used to termi3 nate the provision of assistance determined to 

4 be ineffective. 

5 (3) NUMBER AND DEADLINE FOR SELEC6 TIONS.— 

7 (A) IN GENERAL.—Not later than 270 

8 days after the date of the enactment of this 

9 Act, and annually thereafter, the Secretary, 

10 with the concurrence of the United States 

11 Trade Representative and the Administrator, 

12 shall select countries under paragraph (1) for 

13 participation in the pilot program under sub14 section (a). 

15 (B) NUMBER.—The Secretary shall select 

16 for participation in the pilot program under 

17 subsection (a)— 

18 (i) not fewer than 5 countries during 

19 the one-year period beginning on the date 

20 of the enactment of this Act; and 

21 (ii) not fewer than 15 countries dur22 ing the 5-year period beginning on such 

23 date of enactment. 

24 (4) PRIORITIZATION BASED ON RECOMMENDA25 TIONS FROM CHIEFS OF MISSION.—In selecting 


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1 countries under paragraph (1) for participation in 

2 the pilot program under subsection (a), the Sec3 retary, with the concurrence of the Trade Represent4 ative and the Administrator, shall prioritize coun5 tries recommended by chiefs of mission that— 

6 (A) will be able to substantially benefit 

7 from expanded United States trade-related as8 sistance; and 

9 (B) the governments of which have dem10 onstrated the political will to effectively and 

11 sustainably implement such assistance. 

12 (d) EVALUATION OF AREAS OF COOPERATION.—In 

13 carrying out the pilot program established under sub14 section (a), the Secretary of State shall use the principal 

15 trade negotiating objectives set forth in section 102(b) of 

16 the Bipartisan Congressional Trade Priorities and Ac17 countability Act of 2015 (19 U.S.C. 4201(b)) to determine 

18 areas of cooperation with a country selected under sub19 section (c)(1) to participate in the pilot program. 

20 (e) PLANS OF ACTION.— 

21 (1) IN GENERAL.—The Administrator, in co22 ordination with the Secretary, shall lead efforts to 

23 engage relevant officials of each country selected 

24 under subsection (c)(1) to participate in the pilot 

25 program under subsection (a) with respect to the deVerDate Sep 11 2014 23:04 Feb 27, 2023 Jkt 039200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S367.IS S367

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1 velopment of a plan of action to promote conditions 

2 favorable for business and commercial development 

3 and economic and job growth in the country. 

4 (2) ANALYSIS REQUIRED.—The development of 

5 a plan of action under paragraph (1) shall include 

6 a comprehensive analysis of relevant legal, policy, 

7 and regulatory constraints to economic and job 

8 growth in that country. 

9 (3) ELEMENTS.—A plan of action developed 

10 under paragraph (1) for a country shall include the 

11 following: 

12 (A) Priorities for reform agreed to by the 

13 government of that country and the United 

14 States. 

15 (B) Clearly defined policy responses, in16 cluding regulatory and legal reforms, as nec17 essary, to achieve improvement in the business 

18 and commercial environment in the country. 

19 (C) Identification of the anticipated costs 

20 to establish and implement the plan. 

21 (D) Identification of appropriate sequenc22 ing and phasing of implementation of the plan 

23 to create cumulative benefits, as appropriate. 

24 (E) Identification of best practices and 

25 standards. 


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1 (F) Considerations with respect to how to 

2 make the policy reform investments under the 

3 plan long-lasting. 

4 (G) Appropriate consultation with affected 

5 stakeholders in that country and in the United 

6 States. 

7 (f) TERMINATION.—The pilot program established 

8 under subsection (a) shall terminate on the date that is 

9 5 years after the date of the enactment of this Act. 

10 SEC. 402. PROMOTING ADOPTION OF UNITED NATIONS 

11 CONVENTION ON ASSIGNMENT OF RECEIV12 ABLES IN INTERNATIONAL TRADE. 

13 (a) FINDINGS.—Congress makes the following find14 ings: 

15 (1) The United Nations Convention on the As16 signment of Receivables in International Trade, done 

17 at New York December 12, 2001, and signed by the 

18 United States on December 30, 2003 (in this section 

19 referred to as the ‘‘Convention’’), establishes uni20 form international rules governing a form of financ21 ing widely used in the United States involving the 

22 assignment of receivables. 

23 (2) Receivables financing is an important tool 

24 in helping United States businesses secure working 

25 capital financing. Within the United States, lenders 


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1 and buyers of receivables provide financing based on 

2 the use of receivables from debtors located within 

3 the United States as working capital collateral. 

4 (3) Receivables financing occurs in transactions 

5 in which businesses either sell their rights to pay6 ments from their customers (known as ‘‘receiv7 ables’’) to a bank or other financial institution, or 

8 use their rights to those payments as collateral for 

9 a loan from a lender. The businesses selling or using 

10 their receivables as collateral are referred to as ‘‘as11 signors’’ and buyers and lenders are referred to as 

12 ‘‘assignees’’. 

13 (4) Many countries, however, do not have the 

14 kinds of modern commercial finance laws on the as15 signment of receivables required to implement the 

16 Convention. 

17 (5) United States-based lenders are less willing 

18 to make loans secured by receivables owed by debt19 ors located outside the United States, as such cross20 border transactions may involve countries the laws 

21 of which are inconsistent with modern financial 

22 practices. 

23 (6) Because of the risk, cost, and uncertainty 

24 created by receivables financing laws in other coun25 tries, which vary greatly or can be vague or unpreVerDate Sep 11 2014 23:04 Feb 27, 2023 Jkt 039200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S367.IS S367

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1 dictable, the ability of small and medium-sized 

2 United States businesses to access financing from 

3 lenders using international accounts receivables de4 rived from exports or other cross-border transactions 

5 is severely limited. 

6 (7) Expanded access to receivables financing in 

7 international trade, which the Convention would pro8 mote, will provide United States businesses with an 

9 additional source of capital at no cost to the United 

10 States taxpayer, benefitting small and medium-sized 

11 businesses that use receivables financing. 

12 (8) The Convention is consistent with article 9 

13 of the United States Uniform Commercial Code, as 

14 adopted by all 50 States, the District of Columbia, 

15 and the territories of Puerto Rico and the Virgin Is16 lands. 

17 (9) The Convention includes extensive rules on 

18 the use of receivables to finance operations, using re19 ceivables as collateral, and how to resolve potential 

20 conflicts of law arising from the use of receivables. 

21 (10) Adoption of the Convention would estab22 lish more predictability and uniformity with respect 

23 to receivables financing in cross-border transactions, 

24 thereby opening up new opportunities for trade and 


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1 economic growth between the United States and its 

2 partners in the developing world. 

3 (11) The Senate consented to ratification of the 

4 Convention in January 2019. 

5 (12) The President ratified the Convention in 

6 October 2019. 

7 (b) SENSE OF THE SENATE.—It is the sense of the 

8 Senate that the Secretary of State should, in the regular 

9 course of economic dialogues with developing countries 

10 that are partners of the United States, promote the adop11 tion and implementation of the Convention as an impor12 tant tool— 

13 (1) to help attract foreign investment to and 

14 trade with such countries; and 

15 (2) to establish a predictable, rules-based 

16 framework that can help such countries create addi17 tional sources of capital at no cost, benefitting small 

18 and medium-sized businesses that use receivables fi19 nancing. 

20 TITLE V—COMBATING ANTI21 COMPETITIVE BEHAVIOR 

22 SEC. 501. PREDATORY PRICING BY ENTITIES OWNED, CON23 TROLLED, OR DIRECTED BY A FOREIGN 

24 STATE. 

25 (a) PROHIBITED ACTS.— 


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1 (1) IN GENERAL.—No entity owned, controlled, 

2 or directed by a foreign state or an agent or instru3 mentality of a foreign state (as defined in section 

4 1603 of title 28, United States Code) and partici5 pating in international commerce may establish or 

6 set prices below the average variable cost in a man7 ner that may foreseeably harm competition. 

8 (2) ECONOMIC SUPPORT.—In determining the 

9 average variable cost under paragraph (1), the court 

10 may take into account the effects of economic sup11 port provided by the owning or controlling foreign 

12 state to the entity on a discriminatory basis that 

13 may allow the entity to unfairly price at or below 

14 marginal cost. 

15 (3) GOVERNMENT SUBSIDIES.—In determining 

16 the foreseeability of the elimination of market com17 petitors under paragraph (1), the court may take 

18 into account the aggravating factor of the actions of 

19 the foreign state owning or controlling the entity re20 ferred to in such paragraph to use government re21 sources to subsidize or underwrite the losses of the 

22 entity in a manner that allows the entity to sustain 

23 the predatory period and recoup its losses. 

24 (4) MARKET POWER NOT REQUIRED.—For the 

25 purpose of establishing the elements of (a)(1), the 


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1 plaintiff shall not be required to demonstrate that 

2 the defendant has monopoly or market power. 

3 (b) RECOVERY OF DAMAGES.—Any person (as de4 fined in section 1(a) of the Clayton Act (15 U.S.C. 12(a)) 

5 whose business or property is injured as a result of the 

6 actions of an entity described in subsection (a) shall be 

7 entitled to recovery from the defendant for damages and 

8 other related costs under section 4 of such Act (15 U.S.C. 

9 15). 

10 (c) ELEMENTS OF PRIMA FACIE CASE.—A plaintiff 

11 may initiate a claim against a defendant in an appropriate 

12 Federal court for a violation of subsection (a) in order to 

13 recover damages under subsection (b) by— 

14 (1) establishing, by a preponderance of the evi15 dence, that the defendant— 

16 (A) is a foreign state or an agency or in17 strumentality of a foreign state (as defined in 

18 section 1603 of title 28, United States Code); 

19 and 

20 (B) is not immune from the jurisdiction of 

21 the Federal court pursuant to section 

22 1605(a)(2) of title 28, United States Code; and 

23 (2) setting forth sufficient evidence to establish 

24 a reasonable inference that the defendant has vio25 lated subsection (a). 


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1 (d) COURT DETERMINATION LEADING TO EVI2 DENTIARY BURDEN SHIFTING TO DEFENDANT.—If a 

3 Federal court finds that a plaintiff has met its burden of 

4 proof under subsection (c), the court may determine 

5 that— 

6 (1) the plaintiff has established a prima facie 

7 case that the conduct of the defendant is in violation 

8 of subsection (a); and 

9 (2) the defendant has the burden of rebutting 

10 such case by establishing that the defendant is not 

11 in violation of subsection (a). 

12 (e) FILING OF AMICUS BRIEFS BY THE DEPART13 MENT OF STATE AND DEPARTMENT OF JUSTICE REGARD14 ING INTERNATIONAL COMITY AND HARM TO COMPETI15 TION.— 

16 (1) IN GENERAL.—For the purposes of consid17 ering questions of international comity with respect 

18 to making decisions regarding commercial activity 

19 and the scope of applicable sovereign immunity, the 

20 Federal court may receive and consider relevant 

21 amicus briefs filed by the Secretary of State. 

22 (2) ATTORNEY GENERAL.—For the purposes of 

23 considering questions regarding assessing potential 

24 harm to competition, the Federal court may receive 


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1 and consider relevant amicus briefs filed by the At2 torney General. 

3 (3) SAVINGS PROVISION.—Nothing in para4 graph (1) may be construed to limit the ability of 

5 the Federal court to receive and consider any other 

6 amicus briefs. 

7 SEC. 502. EXPANSION OF OFFENSE OF THEFT OF TRADE SE8 CRETS TO INCLUDE UNAUTHORIZED DEVEL9 OPMENT OF PRODUCTS AND DIGITAL ARTI10 CLES. 

11 (a) IN GENERAL.—Section 1832(a) of title 18, 

12 United States Code, is amended— 

13 (1) by redesignating paragraphs (4) and (5) as 

14 paragraphs (5) and (6), respectively; 

15 (2) by inserting after paragraph (3) the fol16 lowing: 

17 ‘‘(4) without authorization modifies or develops 

18 a product or digital article that could not have been 

19 modified or developed in the same way without ac20 cess to such information;’’; and 

21 (3) in paragraphs (5) and (6), as redesignated 

22 by paragraph (1), by striking ‘‘through (3)’’ and in23 serting ‘‘through (4)’’. 


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1 (b) APPLICABILITY TO CONDUCT OUTSIDE THE

2 UNITED STATES.—Section 1837 of title 18, United States 

3 Code, is amended— 

4 (1) in paragraph (1), by striking ‘‘; or’’ and in5 serting a semicolon; 

6 (2) in paragraph (2), by striking the period at 

7 the end and inserting ‘‘; or’’; and 

8 (3) by adding at the end the following new 

9 paragraph: 

10 ‘‘(3) in the case of a violation of section 

11 1832(a)(4), the offender attempts to import a prod12 uct or digital article described in that section into 

13 the United States.’’. 

14 (c) DEFINITIONS.—Section 1839 of title 18, United 

15 States Code, is amended— 

16 (1) in paragraph (3), in the matter preceding 

17 subparagraph (A), by inserting ‘‘data,’’ after ‘‘pro18 grams,’’; 

19 (2) in paragraph (6)(B), by striking ‘‘; and’’ 

20 and inserting a semicolon; 

21 (3) in paragraph (7), by striking the period at 

22 the end and inserting ‘‘; and’’; and 

23 (4) by adding at the end the following new 

24 paragraph: 


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1 ‘‘(8) the term ‘digital article’ means an algo2 rithm, digitized process, or database, or any other 

3 electronic technology that generates, stores, or proc4 esses data.’’. 

5 SEC. 503. REVIEW OF PETITIONS RELATED TO INTELLEC6 TUAL PROPERTY THEFT AND FORCED TECH7 NOLOGY TRANSFER. 

8 (a) DEFINITIONS.—In this section: 

9 (1) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—The term ‘‘appropriate congressional com11 mittees’’ means— 

12 (A) the Committee on Foreign Relations, 

13 the Committee on Banking, Housing, and 

14 Urban Affairs, the Committee on Commerce, 

15 Science, and Transportation, and the Com16 mittee on the Judiciary of the Senate; and 

17 (B) the Committee on Foreign Affairs, the 

18 Committee on Financial Services, the Com19 mittee on Energy and Commerce, and the Com20 mittee on the Judiciary of the House of Rep21 resentatives. 

22 (2) COMMITTEE.—The term ‘‘Committee’’ 

23 means the committee established or designated 

24 under subsection (b). 


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1 (3) FOREIGN PERSON.—The term ‘‘foreign per2 son’’ means a person that is not a United States 

3 person. 

4 (4) INTELLECTUAL PROPERTY.—The term ‘‘in5 tellectual property’’ means— 

6 (A) any work protected by a copyright 

7 under title 17, United States Code; 

8 (B) any property protected by a patent 

9 granted by the United States Patent and 

10 Trademark Office under title 35, United States 

11 Code; 

12 (C) any word, name, symbol, or device, or 

13 any combination thereof, that is registered as a 

14 trademark with the United States Patent and 

15 Trademark Office under the Act entitled ‘‘An 

16 Act to provide for the registration and protec17 tion of trademarks used in commerce, to carry 

18 out the provisions of certain international con19 ventions, and for other purposes’’, approved 

20 July 5, 1946 (commonly known as the 

21 ‘‘Lanham Act’’ or the ‘‘Trademark Act of 

22 1946’’) (15 U.S.C. 1051 et seq.); 

23 (D) a trade secret (as defined in section 

24 1839 of title 18, United States Code); or 

25 (E) any other form of intellectual property. 


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1 (5) UNITED STATES PERSON.—The term 

2 ‘‘United States person’’ means— 

3 (A) a United States citizen or an alien law4 fully admitted for permanent residence to the 

5 United States; or 

6 (B) an entity organized under the laws of 

7 the United States or any jurisdiction within the 

8 United States, including a foreign branch of 

9 such an entity. 

10 (b) ESTABLISHMENT OF A COMMITTEE.— 

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

12 (A) establish a multi-agency committee to 

13 carry out this section; or 

14 (B) designate an existing multi-agency 

15 committee within the executive branch to carry 

16 out this section if the President determines that 

17 the existing committee has the relevant exper18 tise and personnel to carry out this section. 

19 (2) MEMBERSHIP.—The Committee shall be 

20 comprised of the following officials (or, subject to 

21 paragraph (3), a designee of any such official): 

22 (A) The Secretary of the Treasury. 

23 (B) The Secretary of Commerce. 

24 (C) The Secretary of State. 

25 (D) The Attorney General. 


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1 (E) The Director of National Intelligence. 

2 (F) The heads of such other agencies as 

3 the President determines appropriate, generally 

4 or on a case-by-case basis. 

5 (3) DESIGNEE.—An official specified in para6 graph (2) may select a designee to serve on the 

7 Committee from among individuals serving in posi8 tions appointed by the President by and with the ad9 vice and consent of the Senate. 

10 (4) CHAIR AND VICE CHAIR.—The President 

11 shall appoint a chairperson and a vice chairperson of 

12 the Committee from among the members of the 

13 Committee. 

14 (c) SUBMISSION OF PETITIONS.— 

15 (1) IN GENERAL.—A United States person de16 scribed in paragraph (3) may submit a petition to 

17 the Committee requesting that the Committee— 

18 (A) review, under subsection (d), a signifi19 cant act or series of acts described in para20 graph (2) committed by a foreign person; and 

21 (B) refer the matter to the President with 

22 a recommendation to impose sanctions under 

23 subsection (e) to address any threat to the na24 tional security of the United States posed by 

25 the significant act or series of acts. 


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1 (2) SIGNIFICANT ACT OR SERIES OF ACTS DE2 SCRIBED.—A significant act or series of acts de3 scribed in this paragraph is a significant act or se4 ries of acts of— 

5 (A) theft of intellectual property of a 

6 United States person; or 

7 (B) forced transfer of technology that is 

8 the intellectual property of a United States per9 son. 

10 (3) UNITED STATES PERSON DESCRIBED.—A 

11 United States person is described in this paragraph 

12 if— 

13 (A) a court of competent jurisdiction in the 

14 United States has rendered a final judgment in 

15 favor of the United States person that— 

16 (i) the foreign person identified in the 

17 petition submitted under paragraph (1) 

18 committed the significant act or series of 

19 acts identified in the petition; 

20 (ii) the United States person is the 

21 owner of the intellectual property identified 

22 in the petition; and 

23 (iii) the foreign person is using that 

24 intellectual property without the permis25 sion of the United States person; and 


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1 (B) the United States person can provide 

2 clear and convincing evidence to the Committee 

3 that the value of the economic loss to the 

4 United States person resulting from the signifi5 cant act or series of acts exceeds $10,000,000. 

6 (d) REVIEW AND ACTION BY THE COMMITTEE.— 

7 (1) REVIEW.—Upon receiving a petition under 

8 subsection (c), the Committee shall conduct a review 

9 of the petition in order to determine whether the im10 position of sanctions under subsection (e) is nec11 essary and appropriate to address any threat to the 

12 national security of the United States posed by the 

13 significant act or series of acts identified in the peti14 tion. 

15 (2) ACTION.—After conducting a review under 

16 paragraph (1) of a petition submitted under sub17 section (c), the Committee may take no action, dis18 miss the petition, or refer the petition to the Presi19 dent with a recommendation with respect to whether 

20 to impose sanctions under subsection (e). 

21 (e) IMPOSITION OF SANCTIONS.— 

22 (1) IN GENERAL.—The President may impose 

23 the sanctions described in paragraph (3) with re24 spect to a foreign person identified in a petition sub25 mitted under subsection (c) if the President deterVerDate Sep 11 2014 23:04 Feb 27, 2023 Jkt 039200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S367.IS S367

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1 mines that imposing such sanctions is necessary and 

2 appropriate to address any threat to the national se3 curity of the United States posed by the significant 

4 act or series of acts identified in the petition. 

5 (2) NOTICE TO CONGRESS.—Not later than 30 

6 days after the Committee refers a petition to the 

7 President with a recommendation under subsection 

8 (d)(2), the President shall submit to the appropriate 

9 congressional committees a notice of the determina10 tion of the President under paragraph (1) with re11 spect to whether or not to impose sanctions de12 scribed in paragraph (3) with respect to each foreign 

13 person identified in the petition. Each notice re14 quired under this paragraph shall be submitted in 

15 unclassified form, but may include a classified 

16 annex. 

17 (3) SANCTIONS DESCRIBED.—The sanctions 

18 that may be imposed under paragraph (1) with re19 spect to a foreign person identified in a petition sub20 mitted under subsection (c) are the following: 

21 (A) EXPORT SANCTION.—The President 

22 may order the United States Government not to 

23 issue any specific license and not to grant any 

24 other specific permission or authority to export 

25 any goods or technology to the person under— 


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1 (i) the Export Control Reform Act of 

2 2018 (50 U.S.C. 4801 et seq.); 

3 (ii) the Arms Export Control Act (22 

4 U.S.C. 2751 et seq.); 

5 (iii) the Atomic Energy Act of 1954 

6 (42 U.S.C. 2011 et seq.); or 

7 (iv) any other statute that requires 

8 the prior review and approval of the 

9 United States Government as a condition 

10 for the export or reexport of goods or serv11 ices. 

12 (B) LOANS FROM UNITED STATES FINAN13 CIAL INSTITUTIONS.—The President may pro14 hibit any United States financial institution 

15 from making loans or providing credits to the 

16 person totaling more than $10,000,000 in any 

17 12-month period unless the person is engaged 

18 in activities to relieve human suffering and the 

19 loans or credits are provided for such activities. 

20 (C) LOANS FROM INTERNATIONAL FINAN21 CIAL INSTITUTIONS.—The President may direct 

22 the United States executive director to each 

23 international financial institution to use the 

24 voice and vote of the United States to oppose 


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1 any loan from the international financial insti2 tution that would benefit the person. 

3 (D) PROHIBITIONS ON FINANCIAL INSTI4 TUTIONS.—The following prohibitions may be 

5 imposed against the person if the person is a fi6 nancial institution: 

7 (i) PROHIBITION ON DESIGNATION AS

8 PRIMARY DEALER.—Neither the Board of 

9 Governors of the Federal Reserve System 

10 nor the Federal Reserve Bank of New 

11 York may designate, or permit the continu12 ation of any prior designation of, the fi13 nancial institution as a primary dealer in 

14 United States Government debt instru15 ments. 

16 (ii) PROHIBITION ON SERVICE AS A

17 REPOSITORY OF GOVERNMENT FUNDS.— 

18 The financial institution may not serve as 

19 agent of the United States Government or 

20 serve as repository for United States Gov21 ernment funds. 

22 (E) PROCUREMENT SANCTION.—The 

23 President may prohibit the United States Gov24 ernment from procuring, or entering into any 


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1 contract for the procurement of, any goods or 

2 services from the person. 

3 (F) FOREIGN EXCHANGE.—The President 

4 may, pursuant to such regulations as the Presi5 dent may prescribe, prohibit any transactions in 

6 foreign exchange that are subject to the juris7 diction of the United States and in which the 

8 person has any interest. 

9 (G) BANKING TRANSACTIONS.—The Presi10 dent may, pursuant to such regulations as the 

11 President may prescribe, prohibit any transfers 

12 of credit or payments between financial institu13 tions or by, through, or to any financial institu14 tion, to the extent that such transfers or pay15 ments are subject to the jurisdiction of the 

16 United States and involve any interest of the 

17 person. 

18 (H) PROPERTY TRANSACTIONS.—The 

19 President may, pursuant to such regulations as 

20 the President may prescribe, prohibit any per21 son from— 

22 (i) acquiring, holding, withholding, 

23 using, transferring, withdrawing, trans24 porting, importing, or exporting any prop25 erty that is subject to the jurisdiction of 


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1 the United States and with respect to 

2 which the person identified in the petition 

3 has any interest; 

4 (ii) dealing in or exercising any right, 

5 power, or privilege with respect to such 

6 property; or 

7 (iii) conducting any transaction in8 volving such property. 

9 (I) BAN ON INVESTMENT IN EQUITY OR

10 DEBT OF SANCTIONED PERSON.—The President 

11 may, pursuant to such regulations or guidelines 

12 as the President may prescribe, prohibit any 

13 United States person from investing in or pur14 chasing significant amounts of equity or debt 

15 instruments of the person. 

16 (J) EXCLUSION OF CORPORATE OFFI17 CERS.—The President may direct the Secretary 

18 of State to deny a visa to, and the Secretary of 

19 Homeland Security to exclude from the United 

20 States, any alien that the President determines 

21 is a corporate officer or principal of, or a share22 holder with a controlling interest in, the person 

23 identified in the petition. 

24 (K) SANCTIONS ON PRINCIPAL EXECUTIVE

25 OFFICERS.—The President may impose on the 


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1 principal executive officer or officers of the per2 son, or on individuals performing similar func3 tions and with similar authorities as such offi4 cer or officers, any of the sanctions described in 

5 this paragraph. 

6 (f) IMPLEMENTATION; PENALTIES.— 

7 (1) IMPLEMENTATION.—The President may ex8 ercise all authorities provided to the President under 

9 sections 203 and 205 of the International Emer10 gency Economic Powers Act (50 U.S.C. 1702 and 

11 1704) to carry out this section. 

12 (2) PENALTIES.—A person that violates, at13 tempts to violate, conspires to violate, or causes a 

14 violation of this section or any regulation, license, or 

15 order issued to carry out this section shall be subject 

16 to the penalties set forth in subsections (b) and (c) 

17 of section 206 of the International Emergency Eco18 nomic Powers Act (50 U.S.C. 1705) to the same ex19 tent as a person that commits an unlawful act de20 scribed in subsection (a) of that section. 

21 (g) CONFIDENTIALITY OF INFORMATION.— 

22 (1) IN GENERAL.—The Committee shall protect 

23 from disclosure any proprietary information sub24 mitted by a United States person and marked as 


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•S 367 IS

1 business confidential information, unless the person 

2 submitting the information— 

3 (A) had notice, at the time of submission, 

4 that the information would be released by the 

5 Committee; or 

6 (B) subsequently consents to the release of 

7 the information. 

8 (2) TREATMENT AS TRADE SECRETS.—Propri9 etary information submitted by a United States per10 son under this section shall be— 

11 (A) considered to be trade secrets and 

12 commercial or financial information (as those 

13 terms are used for purposes of section 

14 552b(c)(4) of title 5, United States Code); and 

15 (B) exempt from disclosure without the ex16 press approval of the person. 

17 (h) RULEMAKING.—The President may prescribe 

18 such licenses, orders, and regulations as are necessary to 

19 carry out this section, including with respect to the process 

20 by which United States persons may submit petitions 

21 under subsection (c). 

Æ 


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