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† HR 4521 EAS 
(B) An assessment of the effect of the 
COVID–19 pandemic on such cooperation. 
(C) An assessment of the effect that United 
States compliance with the Joint Comprehensive 
Plan of Action (JCPOA) starting in January 
14, 2016, and United States withdrawal from 
the JCPOA on May 8, 2018, had on the coopera-
tion described in subparagraph (A)(i). 
(D) An assessment of the effect on the co-
operation described in subparagraph (A)(i) that 
would be had by the United States reentering 
compliance with the JCPOA or a successor 
agreement and the effect of the United States not 
reentering compliance with the JCPOA or reach-
ing a successor agreement. 
(3) FORM.—The report submitted under para-
graph (1) shall be submitted in unclassified form, but 
may include a classified annex. 
(c) SENSE OF CONGRESS ON SHARING WITH ALLIES 
AND PARTNERS.—It is the sense of Congress that the Direc-
tor of National Intelligence and the heads of other appro-
priate Federal departments and agencies should share the 
findings of the report submitted under subsection (b) with 
important allies and partners of the United States, as ap-
propriate.
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SEC. 3259. PROMOTING RESPONSIBLE DEVELOPMENT AL-
TERNATIVES TO THE BELT AND ROAD INITIA-
TIVE. 
(a) IN GENERAL.—The President should seek opportu-
nities to partner with multilateral development finance in-
stitutions to develop financing tools based on shared devel-
opment finance criteria and mechanisms to support invest-
ments in developing countries that— 
(1) support low carbon economic development; 
and 
(2) promote resiliency and adaptation to envi-
ronmental changes. 
(b) PARTNERSHIP AGREEMENT.—The Chief Executive 
Officer of the United States International Development Fi-
nance Corporation should seek to partner with other multi-
lateral development finance institutions and development 
finance institutions to leverage the respective available 
funds to support low carbon economic development, which 
may include nuclear energy projects, environmental adap-
tation, and resilience activities in developing countries. 
(c) ALTERNATIVES TO THE PEOPLE’S REPUBLIC OF 
CHINA’S BELT AND ROAD INITIATIVE.—The President shall 
work with European counterparts to establish a formal 
United States-European Commission Working Group to de-
velop a comprehensive strategy to develop alternatives to the 
Government of the People’s Republic of China’s Belt and
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Road Initiative for development finance. United States par-
ticipants in the working group shall seek to integrate exist-
ing efforts into the strategy, including efforts to address the 
Government of the People’s Republic of China’s use of the 
United Nations to advance the Belt and Road Initiative, 
including the proliferation of memoranda of understanding 
between the People’s Republic of China and United Nations 
funds and programs regarding the implementation of the 
Belt and Road Initiative. 
(d) CO-FINANCING OF INFRASTRUCTURE PROJECTS.— 
(1) AUTHORIZATION.—Subject to paragraph (2), 
the Secretary of State, the Administrator of the 
United States Development Agency, and other rel-
evant agency heads are authorized to co-finance infra-
structure projects that advance the development objec-
tives of the United States overseas and provide viable 
alternatives to projects that would otherwise be in-
cluded within the People’s Republic of China’s Belt 
and Road Initiative. 
(2) CONDITIONS.—Co-financing arrangements 
authorized pursuant to paragraph (1) may not be ap-
proved unless— 
(A) the projects to be financed— 
(i) promote the public good;
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† HR 4521 EAS 
(ii) promote low carbon emissions, 
which may include nuclear energy projects; 
and 
(iii) will have substantially lower envi-
ronmental impact than the proposed Belt 
and Road Initiative alternative; and 
(B) the Committee on Foreign Relations of 
the Senate and the Committee on Foreign Affairs 
of the House of Representatives are notified not 
later than 15 days in advance of entering into 
such co-financing arrangements. 
PART III—SOUTH AND CENTRAL ASIA 
SEC. 3261. SENSE OF CONGRESS ON SOUTH AND CENTRAL 
ASIA. 
It is the sense of Congress that— 
(1) the United States should continue to stand 
with friends and partners in South and Central Asia 
as they contend with efforts by the Government of the 
People’s Republic of China to interfere in their re-
spective political systems and encroach upon their 
sovereign territory; and 
(2) the United States should reaffirm its commit-
ment to the Comprehensive Global Strategic Partner-
ship with India and further deepen bilateral defense
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† HR 4521 EAS 
consultations and collaboration with India commen-
surate with its status as a major defense partner. 
SEC. 3262. STRATEGY TO ENHANCE COOPERATION WITH 
SOUTH AND CENTRAL ASIA. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the President shall submit 
to the Committee on Foreign Relations and the Committee 
on Armed Services of the Senate and the Committee on For-
eign Affairs and the Committee on Armed Services of the 
House of Representatives a strategy for how the United 
States will engage with the countries of South and Central 
Asia, including through the C5+1 mechanism, with respect 
to the People’s Republic of China. 
(b) ELEMENTS.—The strategy required under sub-
section (a) shall include the following elements: 
(1) A detailed description of the security and 
economic challenges that the People’s Republic of 
China poses to the countries of South and Central 
Asia, including border disputes with South and Cen-
tral Asian countries that border the People’s Republic 
of China, PRC investments in land and sea ports, 
transportation infrastructure, and energy projects 
across the region. 
(2) A detailed description of United States ef-
forts to provide alternatives to PRC investment in in-
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† HR 4521 EAS 
frastructure and other sectors in South and Central 
Asia. 
(3) A detailed description of bilateral and re-
gional efforts to work with countries in South Asia on 
strategies to build resilience against PRC efforts to 
interfere in their political systems and economies. 
(4) A detailed description of United States diplo-
matic efforts to work with the Government of Afghani-
stan on addressing the challenges posed by PRC in-
vestment in the Afghan mineral sector. 
(5) A detailed description of United States diplo-
matic efforts with the Government of Pakistan with 
respect to matters relevant to the People’s Republic of 
China, including investments by the People’s Republic 
of China in Pakistan through the Belt and Road Ini-
tiative. 
(6) In close consultation with the Government of 
India, identification of areas where the United States 
Government can provide diplomatic and other sup-
port as appropriate for India’s efforts to address eco-
nomic and security challenges posed by the People’s 
Republic of China in the region. 
(7) A description of the coordination mechanisms 
among key regional and functional bureaus within 
the Department of State and Department of Defense
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† HR 4521 EAS 
tasked with engaging with the countries of South and 
Central Asia on issues relating to the People’s Repub-
lic of China. 
(8) A description of the efforts being made by 
Federal departments agencies, including the Depart-
ment of State, the United States Agency for Inter-
national Development, the Department of Commerce, 
the Department of Energy, and the Office of the 
United States Trade Representative, to help the na-
tions of South and Central Asia develop trade and 
commerce links that will help those nations diversify 
their trade away from the People’s Republic of China. 
(9) A detailed description of United States diplo-
matic efforts with Central Asian countries, Turkey, 
and any other countries with significant populations 
of Uyghurs and other ethnic minorities fleeing perse-
cution in the People’s Republic of China to press 
those countries to refrain from deporting ethnic mi-
norities to the People’s Republic of China, protect eth-
nic minorities from intimidation by Chinese govern-
ment authorities, and protect the right to the freedoms 
of assembly and expression. 
(c) FORM.—The strategy required under section (a) 
shall be submitted in an unclassified form that can be made
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† HR 4521 EAS 
available to the public, but may include a classified annex 
as necessary. 
(d) CONSULTATION.—Not later than 120 days after the 
date of the enactment of this Act, and not less than annually 
thereafter for 5 years, the Secretary of State shall consult 
with the Committee on Foreign Relations and the Com-
mittee on Appropriations of the Senate and the Committee 
of Foreign Affairs and the Committee on Appropriations 
of the House of Representatives regarding the development 
and implementation of the strategy required under sub-
section (a). 
PART IV—AFRICA 
SEC. 3271. ASSESSMENT OF POLITICAL, ECONOMIC, AND SE-
CURITY ACTIVITY OF THE PEOPLE’S REPUB-
LIC OF CHINA IN AFRICA. 
(a) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees 
of Congress’’ means— 
(1) the Committee on Foreign Relations, the 
Committee on Armed Services, and the Select Com-
mittee on Intelligence of the Senate; and 
(2) the Committee on Foreign Affairs, the Com-
mittee on Armed Services, and the Permanent Select 
Committee on Intelligence of the House of Representa-
tives.
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† HR 4521 EAS 
(b) INTELLIGENCE ASSESSMENT.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of State shall, in coordination with the Director of 
National Intelligence, submit to the appropriate committees 
of Congress a report that assesses the nature and impact 
of the People’s Republic of China’s political, economic, and 
security sector activity in Africa, and its impact on United 
States strategic interests, including— 
(1) the amount and impact of direct investment, 
loans, development financing, oil-for-loans deals, and 
other preferential trading arrangements; 
(2) the involvement of PRC state-owned enter-
prises in Africa; 
(3) the amount of African debt held by the Peo-
ple’s Republic of China; 
(4) the involvement of PRC private security, 
technology and media companies in Africa; 
(5) the scale and impact of PRC arms sales to 
African countries; 
(6) the scope of Chinese investment in and con-
trol of African energy resources and minerals critical 
for emerging and foundational technologies; 
(7) an analysis of the linkages between Beijing’s 
aid and assistance to African countries and African
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† HR 4521 EAS 
countries supporting PRC geopolitical goals in inter-
national fora; 
(8) the methods, tools, and tactics used to facili-
tate illegal and corrupt activity, including trade in 
counterfeit and illicit goods, to include smuggled ex-
tractive resources and wildlife products, from Africa 
to the People’s Republic of China; 
(9) the methods and techniques that the People’s 
Republic of China uses to exert undue influence on 
African governments and facilitate corrupt activity 
in Africa, including through the CCP’s party-to-party 
training program, and to influence African multilat-
eral organizations; and 
(10) an analysis of the soft power, cultural and 
educational activities undertaken by the PRC and 
CCP to seek to expand their influence in Africa. 
SEC. 3272. INCREASING THE COMPETITIVENESS OF THE 
UNITED STATES IN AFRICA. 
(a) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees 
of Congress’’ means— 
(1) the Committee on Foreign Relations, the 
Committee on Appropriations, and the Committee on 
Finance of the Senate; and
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† HR 4521 EAS 
(2) the Committee on Foreign Affairs, the Com-
mittee on Appropriations, and the Committee on 
Ways and Means of the House of Representatives. 
(b) STRATEGY REQUIREMENT.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of State shall, in consultation with the Secretary of 
the Treasury, the Secretary of Commerce, the Attorney Gen-
eral, the United States Trade Representative, the Adminis-
trator of the United States Agency for International Devel-
opment, and the leadership of the United States Inter-
national Development Finance Corporation, submit to the 
appropriate committees of Congress a report setting forth 
a multi-year strategy for increasing United States economic 
competitiveness and promoting improvements in the invest-
ment climate in Africa, including through support for 
democratic institutions, the rule of law, including property 
rights, and for improved transparency, anti-corruption and 
governance. 
(c) ELEMENTS.—The strategy submitted pursuant to 
subsection (a) shall include— 
(1) a description and assessment of barriers to 
United States investment in Africa for United States 
businesses, including a clear identification of the dif-
ferent barriers facing small-sized and medium-sized
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† HR 4521 EAS 
businesses, and an assessment of whether existing pro-
grams effectively address such barriers; 
(2) a description and assessment of barriers to 
African diaspora investment in Africa, and rec-
ommendations to overcome such barriers; 
(3) an identification of the economic sectors in 
the United States that have a comparative advantage 
in African markets; 
(4) a determination of priority African countries 
for promoting two-way trade and investment and an 
assessment of additional foreign assistance needs, in-
cluding democracy and governance and rule of law 
support, to promote a conducive operating environ-
ment in priority countries; 
(5) an identification of opportunities for stra-
tegic cooperation with European allies on trade and 
investment in Africa, and for establishing a dialogue 
on trade, security, development, and environmental 
issues of mutual interest; and 
(6) a plan to regularly host a United States-Af-
rica Leaders Summit to promote two-way trade and 
investment, strategic engagement, and security in Af-
rica
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† HR 4521 EAS 
(d) ASSESSMENT OF UNITED STATES GOVERNMENT 
HUMAN RESOURCES CAPACITY.—The Comptroller General 
of the United States shall— 
(1) conduct a review of the number of Foreign 
Commercial Service Officers and Department of State 
Economic Officers at United States embassies in sub- 
Saharan Africa; and 
(2) develop and submit to the appropriate con-
gressional committees an assessment of whether 
human resource capacity in such embassies is ade-
quate to meet the goals of the various trade and eco-
nomic programs and initiatives in Africa, including 
the African Growth and Opportunity Act and Pros-
per Africa. 
SEC. 3273. DIGITAL SECURITY COOPERATION WITH RE-
SPECT TO AFRICA. 
(a) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees 
of Congress’’ means— 
(1) the Committee on Foreign Relations, the 
Committee on Armed Services, and the Select Com-
mittee on Intelligence of the Senate; and 
(2) the Committee on Foreign Affairs, the Com-
mittee on Armed Services, and the Permanent Select
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† HR 4521 EAS 
Committee on Intelligence of the House of Representa-
tives. 
(b) INTERAGENCY WORKING GROUP TO COUNTER PRC 
CYBER AGGRESSION IN AFRICA.— 
(1) IN GENERAL.—The President shall establish 
an interagency Working Group, which shall include 
representatives of the Department of State, the De-
partment of Defense, the Office of the Director of Na-
tional Intelligence, and such other agencies of the 
United States Government as the President considers 
appropriate, on means to counter PRC cyber aggres-
sion with respect to Africa. 
(2) DUTIES.—The Working Group established 
pursuant to this subsection shall develop and submit 
to the appropriate congressional committees a set of 
recommendations for— 
(A) bolstering the capacity of governments 
in Africa to ensure the integrity of their data 
networks and critical infrastructure where appli-
cable; 
(B) providing alternatives to Huawei; 
(C) an action plan for United States embas-
sies in Africa to offer to provide assistance to 
host-country governments with respect to pro-
tecting their vital digital networks and infra-
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† HR 4521 EAS 
structure from PRC espionage, including an as-
sessment of staffing resources needed to imple-
ment the action plan in embassies in Africa; 
(D) 
utilizing 
interagency 
resources 
to 
counter PRC disinformation and propaganda in 
traditional and digital media targeted to Afri-
can audiences; and 
(E) helping civil society in Africa counter 
digital authoritarianism and identifying tools 
and assistance to enhance and promote digital 
democracy. 
SEC. 3274. INCREASING PERSONNEL IN UNITED STATES EM-
BASSIES IN SUB-SAHARAN AFRICA FOCUSED 
ON THE PEOPLE’S REPUBLIC OF CHINA. 
The Secretary of State may station on a permanent 
basis Department of State personnel at such United States 
embassies in sub-Saharan Africa as the Secretary considers 
appropriate focused on the activities, policies and invest-
ments of the People’s Republic of China in Africa. 
SEC. 3275. SUPPORT FOR YOUNG AFRICAN LEADERS INITIA-
TIVE. 
(a) FINDING.—Congress finds that youth in Africa can 
have a positive impact on efforts to foster economic growth, 
improve public sector transparency and governance, and
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† HR 4521 EAS 
counter extremism, and should be an area of focus for 
United States outreach on the continent. 
(b) POLICY.—It is the policy of the United States, in 
cooperation and collaboration with private sector compa-
nies, civic organizations, nongovernmental organizations, 
and national and regional public sector entities, to commit 
resources to enhancing the entrepreneurship and leadership 
skills of African youth with the objective of enhancing their 
ability to serve as leaders in the public and private sectors 
in order to help them spur growth and prosperity, strength-
en democratic governance, and enhance peace and security 
in their respective countries of origin and across Africa. 
(c) YOUNG AFRICAN LEADERS INITIATIVE.— 
(1) IN GENERAL.—There is hereby established the 
Young African Leaders Initiative, to be carried out by 
the Secretary of State. 
(2) FELLOWSHIPS.—The Secretary is authorized 
to support the participation in the Initiative estab-
lished under this paragraph, in the United States, of 
fellows from Africa each year for such education and 
training in leadership and professional development 
through the Department of State as the Secretary of 
State considers appropriate. The Secretary shall es-
tablish and publish criteria for eligibility for partici-
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† HR 4521 EAS 
pation as such a fellow, and for selection of fellows 
among eligible applicants for a fellowship. 
(3) RECIPROCAL EXCHANGES.—Under the Ini-
tiative, United States citizens may engage in such re-
ciprocal exchanges in connection with and collabora-
tion on projects with fellows under paragraph (1) as 
the Secretary considers appropriate. 
(4) REGIONAL CENTERS AND NETWORKS.—The 
Administrator of the United States Agency for Inter-
national Development shall establish each of the fol-
lowing: 
(A) Not fewer than four regional centers in 
Africa to provide in-person and online training 
throughout the year in business and entrepre-
neurship, civic leadership, and public manage-
ment. 
(B) An online network that provides infor-
mation and online courses on, and connections 
with leaders in, the private and public sectors in 
Africa. 
(d) SENSE OF CONGRESS.—It is the sense of Congress 
that the Secretary of State should increase the number of 
fellows from Africa participating in the Mandela Wash-
ington Fellowship above the current 700 projected for fiscal 
year 2021.
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† HR 4521 EAS 
SEC. 3276. AFRICA BROADCASTING NETWORKS. 
Not later than 180 days after the date of the enactment 
of this Act, the CEO of the United States Agency for Global 
Media shall submit to the appropriate congressional com-
mittees a report on the resources and timeline needed to 
establish within the Agency an organization whose mission 
shall be to promote democratic values and institutions in 
Africa by providing objective, accurate, and relevant news 
and information to the people of Africa and counter 
disinformation from malign actors, especially in countries 
where a free press is banned by the government or not fully 
established, about the region, the world, and the United 
States through uncensored news, responsible discussion, and 
open debate. 
PART V—MIDDLE EAST AND NORTH AFRICA 
SEC. 3281. STRATEGY TO COUNTER CHINESE INFLUENCE 
IN, AND ACCESS TO, THE MIDDLE EAST AND 
NORTH AFRICA. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the economic influence of the People’s Repub-
lic of China through its oil and gas imports from the 
Middle East, infrastructure investments, technology 
transfer, and arms sales provides influence and lever-
age that runs counter to United States interests in the 
region;
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† HR 4521 EAS 
(2) the People’s Republic of China seeks to erode 
United States influence in the Middle East and North 
Africa through the sale of Chinese arms, associated 
weapons technology, and joint weapons research and 
development initiatives; 
(3) the People’s Republic of China seeks to estab-
lish military or dual use facilities in geographically 
strategic locations in the Middle East and North Afri-
ca to further the Chinese Communist Party’s Belt and 
Road Initiative at the expense of United States na-
tional security interests; and 
(4) the export of certain communications infra-
structure from the People’s Republic of China de-
grades the security of partner networks, exposes intel-
lectual property to theft, threatens the ability of the 
United States to conduct security cooperation with 
compromised regional partners, and furthers China’s 
authoritarian surveillance model. 
(b) STRATEGY REQUIRED.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
State, in consultation with the Administrator of the 
United States Agency for International Development 
and the heads of other appropriate Federal agencies, 
shall jointly develop and submit to the appropriate
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† HR 4521 EAS 
congressional committees a strategy for countering 
and limiting Chinese influence in, and access to, the 
Middle East and North Africa. 
(2) ELEMENTS.—The strategy required under 
paragraph (1) shall include— 
(A) an assessment of the People’s Republic 
of China’s intent with regards to increased co-
operation with Middle East and North African 
countries and how these activities fit into its 
broader global strategic objectives; 
(B) an assessment of how governments 
across the region are responding to the People’s 
Republic of China’s efforts to increase its mili-
tary presence in their countries; 
(C) efforts to improve regional cooperation 
through foreign military sales, financing, and ef-
forts to build partner capacity and increase 
interoperability with the United States; 
(D) an assessment of the People’s Republic 
of China’s joint research and development with 
the Middle East and North Africa, impacts on 
the United States’ national security interests, 
and recommended steps to mitigate the People’s 
Republic of China’s influence in this area;
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† HR 4521 EAS 
(E) an assessment of arms sales and weap-
ons technology transfers from the People’s Repub-
lic of China to the Middle East and North Afri-
ca, impacts on United States’ national security 
interests, and recommended steps to mitigate the 
People’s Republic of China’s influence in this 
area; 
(F) an assessment of the People’s Republic 
of China’s military sales to the region including 
lethal and non-lethal unmanned aerial systems; 
(G) an assessment of People’s Republic of 
China military basing and dual-use facility ini-
tiatives across the Middle East and North Africa, 
impacts on United States’ national security in-
terests, and recommended steps to mitigate the 
People’s Republic of China’s influence in this 
area; 
(H) efforts to improve regional security co-
operation with United States allies and partners 
with a focus on— 
(i) maritime security in the Arabian 
Gulf, the Red Sea, and the Eastern Medi-
terranean; 
(ii) integrated air and missile defense; 
(iii) cyber security;
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† HR 4521 EAS 
(iv) border security; and 
(v) critical infrastructure security, to 
include energy security; 
(I) increased support for government-to-gov-
ernment engagement on critical infrastructure 
development projects including ports and water 
infrastructure; 
(J) efforts to encourage United States pri-
vate sector and public-private partnerships in 
healthcare technology and foreign direct invest-
ment in non-energy sectors; 
(K) efforts to expand youth engagement and 
professional education exchanges with key part-
ner countries; 
(L) specific steps to counter increased in-
vestment from the People’s Republic of China in 
telecommunications infrastructure and diplo-
matic efforts to stress the political, economic, and 
social benefits of a free and open internet; 
(M) efforts to promote United States private 
sector engagement in and public-private partner-
ships on renewable energy development; 
(N) the expansion of public-private partner-
ship efforts on water, desalination, and irriga-
tion projects; and
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† HR 4521 EAS 
(O) efforts to warn United States partners 
in the Middle East and North Africa of the risks 
associated with the People’s Republic of China’s 
telecommunications infrastructure and provide 
alternative ‘‘clean paths’’ to the People’s Repub-
lic of China’s technology. 
SEC. 3282. SENSE OF CONGRESS ON MIDDLE EAST AND 
NORTH AFRICA ENGAGEMENT. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The United States and the international 
community have long-term interests in the stability, 
security, and prosperity of the people of the Middle 
East and North Africa. 
(2) In addition to and apart from military and 
security efforts, the United States should harness a 
whole of government approach, including bilateral 
and multilateral statecraft, economic lines of effort, 
and public diplomacy to compete with and counter 
Chinese Communist Party influence. 
(3) A clearly articulated positive narrative of 
United States engagement, transparent governance 
structures, and active civil society engagement help 
counter predatory foreign investment and influence 
efforts.
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† HR 4521 EAS 
(b) STATEMENT OF POLICY.—It is the policy of the 
United States that the United States and the international 
community should continue diplomatic and economic ef-
forts throughout the Middle East and North Africa that sup-
port reform efforts to— 
(1) promote greater economic opportunity; 
(2) foster private sector development; 
(3) strengthen civil society; and 
(4) promote transparent and democratic govern-
ance and the rule of law. 
PART VI—ARCTIC REGION 
SEC. 3285. ARCTIC DIPLOMACY. 
(a) SENSE OF CONGRESS ON ARCTIC SECURITY.—It 
is the sense of Congress that— 
(1) the rapidly changing Arctic environment— 
(A) creates new national and regional secu-
rity challenges due to increased military activity 
in the Arctic; 
(B) heightens the risk of the Arctic emerging 
as a major theater of conflict in ongoing stra-
tegic competition; 
(C) threatens maritime safety as Arctic lit-
toral nations have inadequate capacity to patrol 
the increased vessel traffic in this remote region,
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† HR 4521 EAS 
which is a result of diminished annual levels of 
sea ice; 
(D) impacts public safety due to increased 
human activity in the Arctic region where search 
and rescue capacity remains very limited; and 
(E) threatens the health of the Arctic’s frag-
ile and pristine environment and the unique and 
highly sensitive species found in the Arctic’s ma-
rine and terrestrial ecosystems; and 
(2) the United States should reduce the con-
sequences outlined in paragraph (1) by— 
(A) carefully evaluating the wide variety 
and dynamic set of security and safety risks un-
folding in the Arctic; 
(B) developing policies and making prep-
arations to mitigate and respond to threats and 
risks in the Arctic, including by continuing to 
work with allies and partners in the Arctic re-
gion to deter potential aggressive activities and 
build Arctic competencies; 
(C) adequately funding the National Earth 
System Prediction Capability to substantively 
improve weather, ocean, and ice predictions on 
the time scales necessary to ensure regional secu-
rity and trans-Arctic shipping;
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† HR 4521 EAS 
(D) investing in resources, including a sig-
nificantly expanded icebreaker fleet, to ensure 
that the United States has adequate capacity to 
prevent and respond to security threats in the 
Arctic region; 
(E) pursuing diplomatic engagements with 
all nations in the Arctic region for— 
(i) maintaining peace and stability in 
the Arctic region; 
(ii) fostering cooperation on steward-
ship and safety initiatives in the Arctic re-
gion; 
(iii) ensuring safe and efficient man-
agement of commercial maritime traffic in 
the Arctic; 
(iv) promoting responsible natural re-
source management and economic develop-
ment; and 
(v) countering China’s Polar Silk 
Road initiative; and 
(F) examining the possibility of reconvening 
the Arctic Chiefs of Defense Forum. 
(b) STATEMENT OF POLICY.—It is the policy of the 
United States—
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† HR 4521 EAS 
(1) to recognize only the nations enumerated in 
subsection (c)(1) as Arctic nations, and to reject all 
other claims to this status; and 
(2) that the militarization of the Arctic poses a 
serious threat to Arctic peace and stability, and the 
interests of United States allies and partners. 
(c) DEFINITIONS.—In this section: 
(1) ARCTIC
NATIONS.—The term ‘‘Arctic na-
tions’’ means the 8 nations with territory or exclusive 
economic zones that extend north of the 66.56083 par-
allel latitude north of the equator, namely Russia, 
Canada, the United States, Norway, Denmark (in-
cluding Greenland), Finland, Sweden, and Iceland. 
(2) ARCTIC REGION.—The term ‘‘Arctic Region’’ 
means the geographic region north of the 66.56083 
parallel latitude north of the equator. 
(d) DESIGNATION.—The Assistant Secretary of State 
for Oceans and International Environmental and Scientific 
Affairs (OES) shall designate a deputy assistant secretary 
serving within the Bureau of Oceans and International En-
vironmental and Scientific Affairs as ‘‘Deputy Assistant 
Secretary for Arctic Affairs’’, who shall be responsible for 
OES affairs in the Arctic Region. 
(e) DUTIES.—The Deputy Assistant Secretary for Arc-
tic Affairs shall—
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† HR 4521 EAS 
(1) facilitate the development and coordination 
of United States foreign policy in the Arctic Region 
relating to— 
(A) strengthening institutions for coopera-
tion among the Arctic nations; 
(B) enhancing scientific monitoring and re-
search on local, regional, and global environ-
mental issues; 
(C) protecting the Arctic environment and 
conserving its biological resources; 
(D) promoting responsible natural resource 
management and economic development; and 
(E) involving Arctic indigenous people in 
decisions that affect them. 
(2) coordinate the diplomatic objectives with re-
spect to the activities described in paragraph (1), 
and, as appropriate, represent the United States 
within multilateral fora that address international 
cooperation and foreign policy matters in the Arctic 
Region; 
(3) help inform, in coordination with the Bureau 
of Economic and Business Affairs, transnational com-
merce and commercial maritime transit in the Arctic 
Region;
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† HR 4521 EAS 
(4) coordinate the integration of scientific data 
on the current and projected effects of emerging envi-
ronmental changes on the Arctic Region and ensure 
that such data is applied to the development of secu-
rity strategies for the Arctic Region; 
(5) make available the methods and approaches 
on the integration of environmental science and data 
to other regional security planning programs in the 
Department of State to better ensure that broader de-
cision making processes may more adequately account 
for the changing environment; 
(6) assist with the development of, and facilitate 
the implementation of, an Arctic Region Security 
Policy in accordance with subsection (f); 
(7) use the voice, vote, and influence of the 
United States to encourage other countries and inter-
national multilateral organizations to support the 
principles of the Arctic Region Security Policy imple-
mented pursuant to subsection (f); and 
(8) perform such other duties and exercise such 
powers as the Assistant Secretary of State for Oceans 
and International Environmental and Scientific Af-
fairs shall prescribe. 
(f) RANK AND STATUS.—The President shall appoint 
the Deputy Assistant Secretary for Arctic Affairs designated
1016 
† HR 4521 EAS 
under subsection (d) to Special Representative or Special 
Envoy with the rank of Ambassador by and with the con-
sent of the Senate. 
(g) ARCTIC REGION SECURITY POLICY.—The Bureau 
of European and Eurasian Affairs shall be the lead bureau 
for developing and implementing the United States’ Arctic 
Region Security Policy, in coordination with the Bureau 
of Oceans and International Environmental and Scientific 
Affairs, the Bureau of Political-Military Affairs, embassies, 
other regional bureaus, and relevant offices to advance 
United States national security interests, including through 
conflict prevention efforts, security assistance, humani-
tarian disaster response and prevention, and economic and 
other relevant assistance programs. The Arctic Region Secu-
rity Policy shall assess, develop, budget for, and implement 
plans, policies, and actions— 
(1) to bolster the diplomatic presence of the 
United States in Arctic nations, including through 
enhancements to diplomatic missions and facilities, 
participation in regional and bilateral dialogues re-
lated to Arctic security, and coordination of United 
States initiatives and assistance programs across 
agencies to protect the national security of the United 
States and its allies and partners;
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† HR 4521 EAS 
(D) to develop mutually agreed upon multi-
lateral policies among Arctic nations on the 
management of maritime transit routes through 
the Arctic Region and work cooperatively on the 
transit policies for access to and transit in the 
Arctic Region by non-Arctic nations; and 
(E) to facilitate the development of Arctic 
Region Security Action Plans to ensure stability 
and public safety in disaster situations in a hu-
mane and responsible fashion; and 
(6) to evaluate the vulnerability, security, sur-
vivability, and resiliency of United States interests 
and non-defense assets in the Arctic Region. 
PART VII—OCEANIA 
SEC. 3291. STATEMENT OF POLICY ON UNITED STATES EN-
GAGEMENT IN OCEANIA. 
It shall be the policy of the United States— 
(1) to elevate the countries of Oceania as a stra-
tegic national security and economic priority of the 
United States Government; 
(2) to promote civil society, the rule of law, and 
democratic governance across Oceania as part of a 
free and open Indo-Pacific region; 
(3) to broaden and deepen relationships with the 
Freely Associated States of the Republic of Palau, the
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† HR 4521 EAS 
Republic of the Marshall Islands, and the Federated 
States of Micronesia through robust defense, diplo-
matic, economic, and development exchanges that pro-
mote the goals of individual states and the entire re-
gion; 
(4) to work with the governments of Australia, 
New Zealand, and Japan to advance shared alliance 
goals of the Oceania region concerning health, envi-
ronmental protection, disaster resilience and pre-
paredness, illegal, unreported and unregulated fish-
ing, maritime security, and economic development; 
(5) to participate, wherever possible and appro-
priate, in existing regional organizations and inter-
national structures to promote the national security 
and economic goals of the United States and countries 
of the Oceania region; 
(6) to invest in a whole-of-government United 
States strategy that will enhance youth engagement 
and advance long-term growth and development 
throughout the region, especially as it relates to pro-
tecting marine resources that are critical to liveli-
hoods and strengthening the resilience of the countries 
of the Oceania region against current and future 
threats resulting from extreme weather and severe 
changes in the environment;
1020 
† HR 4521 EAS 
(7) to deter and combat acts of malign foreign 
influence and corruption aimed at undermining the 
political, environmental, social, and economic sta-
bility of the people and governments of the countries 
of Oceania; 
(8) to improve the local capacity of the countries 
of Oceania to address public health challenges and 
improve global health security; 
(9) to help the countries of Oceania access mar-
ket-based private sector investments that adhere to 
best practices regarding transparency, debt sustain-
ability, and environmental and social safeguards as 
an alternative to state-directed investments by author-
itarian governments; 
(10) to ensure the people and communities of 
Oceania remain safe from the risks of old and degrad-
ing munitions hazards and other debris that threaten 
health and livelihoods; 
(11) to cooperate with Taiwan by offering 
United States support for maintaining Taiwan’s dip-
lomatic partners in Oceania; and 
(12) to work cooperatively with all governments 
in Oceania to promote the dignified return of the re-
mains of members of the United States Armed Forces
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† HR 4521 EAS 
that are missing in action from previous conflicts in 
the Indo-Pacific region. 
SEC. 3292. OCEANIA STRATEGIC ROADMAP. 
(a) OCEANIA STRATEGIC ROADMAP.—Not later than 
180 days after the date of the enactment of this Act, the 
Secretary of State shall submit to the appropriate congres-
sional committees a strategic roadmap for strengthening 
United States engagement with the countries of Oceania, 
including an analysis of opportunities to cooperate with 
Australia, New Zealand, and Japan, to address shared con-
cerns and promote shared goals in pursuit of security and 
resiliency in the countries of Oceania. 
(b) ELEMENTS.—The strategic roadmap required by 
subsection (a) shall include the following: 
(1) A description of United States regional goals 
and concerns with respect to Oceania and increasing 
engagement with the countries of Oceania. 
(2) An assessment, based on paragraph (1), of 
United States regional goals and concerns that are 
shared by Australia, New Zealand, and Japan, in-
cluding a review of issues related to anticorruption, 
maritime and other security issues, environmental 
protection, fisheries management, economic growth 
and development, and disaster resilience and pre-
paredness.
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† HR 4521 EAS 
(3) A review of ongoing programs and initiatives 
by the governments of the United States, Australia, 
New Zealand, and Japan in pursuit of those shared 
regional goals and concerns, including with respect to 
the issues described in paragraph (1). 
(4) A review of ongoing programs and initiatives 
by regional organizations and other related intergov-
ernmental structures aimed at addressing the issues 
described in paragraph (1). 
(5) A plan for aligning United States programs 
and resources in pursuit of those shared regional 
goals and concerns, as appropriate. 
(6) Recommendations for additional United 
States authorities, personnel, programs, or resources 
necessary to execute the strategic roadmap. 
(7) Any other elements the Secretary considers 
appropriate. 
SEC. 3293. REVIEW OF USAID PROGRAMMING IN OCEANIA. 
(a) IN GENERAL.—The Secretary of State, in coordi-
nation with the Administrator of the United States Agency 
for International Development (in this section referred to 
as ‘‘USAID’’), should include the Indo-Pacific countries of 
Oceania in existing strategic planning and multi-sector 
program evaluation processes, including the Department of 
State’s Integrated Country Strategies and USAID’s Coun-
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† HR 4521 EAS 
try Development Cooperation Strategies, the Joint Strategic 
Plan, and the Journey to Self-Reliance Country Roadmaps. 
(b) PROGRAMMATIC CONSIDERATIONS.—Evaluations 
and considerations for Indo-Pacific countries of Oceania in 
the program planning and strategic development processes 
under subsection (a) should include— 
(1) descriptions of the diplomatic and develop-
ment challenges of the Indo-Pacific countries of Oce-
ania as those challenges relate to the strategic, eco-
nomic, and humanitarian interests of the United 
States; 
(2) reviews of existing Department of State and 
USAID programs to address the diplomatic and de-
velopment challenges of those countries evaluated 
under paragraph (1); 
(3) descriptions of the barriers, if any, to in-
creasing Department of State and USAID program-
ming to Indo-Pacific countries of Oceania, includ-
ing— 
(A) the relative income level of the Indo-Pa-
cific countries of Oceania relative to other re-
gions where there is high demand for United 
States foreign assistance to support development 
needs;
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† HR 4521 EAS 
State’s and USAID’s mission and work with respect 
to its programming in the Indo-Pacific countries of 
Oceania; 
(7) an explanation of how the Secretary and the 
Administrator will use existing programming proc-
esses, including those with respect to development of 
an Integrated Country Strategy, Country Develop-
ment Cooperation Strategy, the Joint Strategic Plan, 
and the Journey to Self-Reliance Country Roadmaps, 
to advance the long-term growth, governance, eco-
nomic development, and resilience of the Indo-Pacific 
countries of Oceania; and 
(8) any recommendations about appropriate 
budgetary, resource management, and programmatic 
changes necessary to assist in strengthening United 
States foreign assistance programming in the Indo- 
Pacific countries of Oceania. 
SEC. 3294. OCEANIA SECURITY DIALOGUE. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of State 
shall brief the appropriate committees of Congress on the 
feasibility and advisability of establishing a United States- 
based public-private sponsored security dialogue (to be 
known as the ‘‘Oceania Security Dialogue’’) among the 
countries of Oceania for the purposes of jointly exploring
1026 
† HR 4521 EAS 
and discussing issues affecting the economic, diplomatic, 
and national security of the Indo-Pacific countries of Oce-
ania. 
(b) REPORT REQUIRED.—The briefing required by 
subsection (a) shall, at a minimum, include the following: 
(1) A review of the ability of the Department of 
State to participate in a public-private sponsored se-
curity dialogue. 
(2) An assessment of the potential locations for 
conducting an Oceania Security Dialogue in the ju-
risdiction of the United States. 
(3) Consideration of dates for conducting an 
Oceania Security Dialogue that would maximize par-
ticipation of representatives from the Indo-Pacific 
countries of Oceania. 
(4) A review of the funding modalities available 
to the Department of State to help finance an Oce-
ania Security Dialogue, including grant-making au-
thorities available to the Department of State. 
(5) An assessment of any administrative, statu-
tory, or other legal limitations that would prevent the 
establishment of an Oceania Security Dialogue with 
participation and support of the Department of State 
as described in subsection (a).
1027 
† HR 4521 EAS 
(6) An analysis of how an Oceania Security 
Dialogue could help to advance the Boe Declaration 
on Regional Security, including its emphasis on the 
changing environment as the greatest existential 
threat to countries of Oceania. 
(7) An evaluation of how an Oceania Security 
Dialogue could help amplify the issues and work of 
existing regional structures and organizations dedi-
cated to the security of the Oceania region, such as 
the Pacific Island Forum and Pacific Environmental 
Security Forum. 
(8) An analysis of how an Oceania Security 
Dialogue would help with implementation of the stra-
tegic roadmap required by section 292 and advance 
the National Security Strategy of the United States. 
(c) INTERAGENCY
CONSULTATION.—To the extent 
practicable, the Secretary of State may consult with the 
Secretary of Defense and, where appropriate, evaluate the 
lessons learned of the Regional Centers for Security Studies 
of the Department of Defense to determine the feasibility 
and advisability of establishing the Oceania Security Dia-
logue.
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† HR 4521 EAS 
SEC. 3295. REPORT ON COUNTERING ILLEGAL, UNRE-
PORTED, AND UNREGULATED FISHING IN 
OCEANIA. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) many countries of the Oceania region depend 
on commercial tuna fisheries as a critical component 
of their economies; 
(2) the Government of the People’s Republic of 
China has used its licensed fishing fleet to exert great-
er influence in Oceania, but at the same time, its li-
censed fishing fleet is also a major contributor to ille-
gal, unreported, and unregulated fishing (in this sec-
tion referred to as ‘‘IUU fishing’’) activities; 
(3) the sustainability of Oceania’s fisheries is 
threatened by IUU fishing, which depletes both com-
mercially important fish stocks and non-targeted spe-
cies that help maintain the integrity of the ocean eco-
system; 
(4) in addition, IUU fishing puts pressure on 
protected species of marine mammals, sea turtles, and 
sea birds, which also jeopardizes the integrity of the 
ocean ecosystem; 
(5) further, because IUU fishing goes unrecorded, 
the loss of biomass compromises scientists’ work to as-
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† HR 4521 EAS 
sess and model fishery stocks and advise managers on 
sustainable catch levels; 
(6) beyond the damage to living marine re-
sources, IUU fishing also contributes directly to ille-
gal activity in the Oceania region, such as food fraud, 
smuggling, and human trafficking; 
(7) current approaches to IUU fishing enforce-
ment rely on established methods, such as vessel moni-
toring systems, logbooks maintained by government 
fisheries enforcement authorities to record the catches 
landed by fishing vessels, and corroborating data on 
catches hand-collected by human observer programs; 
(8) such established methods are imperfect be-
cause— 
(A) vessels can turn off monitoring systems 
and unlicensed vessels do not use them; and 
(B) observer coverage is thin and subject to 
human error and corruption; 
(9) maritime domain awareness technology solu-
tions for vessel monitoring have gained credibility in 
recent years and include systems such as observing 
instruments deployed on satellites, crewed and 
uncrewed air and surface systems, aircraft, and sur-
face vessels, as well as electronic monitoring systems 
on fishing vessels;
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† HR 4521 EAS 
(10) maritime domain awareness technologies 
hold the promise of significantly augmenting the cur-
rent IUU fishing enforcement capacities; and 
(11) maritime domain awareness technologies 
offer an avenue for addressing key United States na-
tional interests, including those interests related to— 
(A) increasing bilateral diplomatic ties with 
key allies and partners in the Oceania region; 
(B) countering illicit trafficking in arms, 
narcotics, and human beings associated with 
IUU fishing; 
(C) advancing security, long-term growth, 
and development in the Oceania region; 
(D) supporting ocean conservation objec-
tives; 
(E) reducing food insecurity; and 
(F) countering attempts by the Government 
of the People’s Republic of China to grow its in-
fluence in the Oceania region. 
(b) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
State, in consultation with the Administrator of the 
National Oceanic and Atmospheric Administration, 
the Commandant of the Coast Guard, and the Sec-
1031 
† HR 4521 EAS 
retary of Defense, shall submit to the appropriate con-
gressional committees a report assessing the use of ad-
vanced maritime domain awareness technology sys-
tems to combat IUU fishing in Oceania. 
(2) ELEMENTS.—The report required by para-
graph (1) shall include— 
(A) a review of the effectiveness of existing 
monitoring technologies, including electronic 
monitoring systems, to combat IUU fishing; 
(B) recommendations for effectively inte-
grating effective monitoring technologies into a 
Oceania-wide strategy for IUU fishing enforce-
ment; 
(C) an assessment and recommendations for 
the secure and reliable processing of data from 
such monitoring technologies, including the secu-
rity and verification issues; 
(D) the technical and financial capacity of 
countries of the Oceania region to deploy and 
maintain large-scale use of maritime domain 
awareness technological systems for the purposes 
of combating IUU fishing and supporting fish-
eries resource management; 
(E) a review of the technical and financial 
capacity of regional organizations and inter-
1034 
† HR 4521 EAS 
(C) to increase transportation infrastruc-
ture in the countries of Oceania to better support 
the travel of Peace Corps volunteers and their ac-
cess to necessary facilities; 
(3) evaluate the potential to expand the deploy-
ment of Peace Corps Response volunteers to help the 
countries of Oceania address social, economic, and de-
velopment needs of their communities that require 
specific professional expertise; and 
(4) explore potential new operational models to 
address safety and security needs of Peace Corps vol-
unteers in the countries of Oceania, including— 
(A) changes to volunteer deployment dura-
tions; and 
(B) scheduled redeployment of volunteers to 
regional or United States-based healthcare facili-
ties for routine physical and behavioral health 
evaluation. 
(c) VOLUNTEERS IN LOW-INCOME OCEANIA COMMU-
NITIES.— 
(1) IN GENERAL.—In examining the potential to 
expand the presence of Peace Corps volunteers in low- 
income Oceania communities under subsection (a)(2), 
the Director of the Peace Corps shall consider the de-
velopment of initiatives described in paragraph (2).
1035 
† HR 4521 EAS 
(2) INITIATIVES
DESCRIBED.—Initiatives de-
scribed in this paragraph are volunteer initiatives 
that help the countries of Oceania address social, eco-
nomic, and development needs of their communities, 
including by— 
(A) addressing, through appropriate resil-
ience-based interventions, the vulnerability that 
communities in Oceania face as result of extreme 
weather, severe environmental change, and other 
climate related trends; and 
(B) improving, through smart infrastruc-
ture principles, access to transportation and 
connectivity infrastructure that will help address 
the economic and social challenges that commu-
nities in Oceania confront as a result of poor or 
nonexistent infrastructure. 
(d) OCEANIA DEFINED.—In this section, the term 
‘‘Oceania’’ includes the following: 
(1) Easter Island of Chile. 
(2) Fiji. 
(3) French Polynesia of France. 
(4) Kiribati. 
(5) New Caledonia of France. 
(6) Nieu of New Zealand. 
(7) Papua New Guinea.
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† HR 4521 EAS 
(8) Samoa. 
(9) Vanuatu. 
(10) The Ashmore and Cartier Islands of Aus-
tralia. 
(11) The Cook Islands of New Zealand. 
(12) The Coral Islands of Australia. 
(13) The Federated States of Micronesia. 
(14) The Norfolk Island of Australia. 
(15) The Pitcairn Islands of the United King-
dom. 
(16) The Republic of the Marshal Islands. 
(17) The Republic of Palau. 
(18) The Solomon Islands. 
(19) Tokelau of New Zealand. 
(20) Tonga. 
(21) Tuvalu. 
(22) Wallis and Futuna of France. 
TITLE III—INVESTING IN OUR 
VALUES 
SEC. 3301. AUTHORIZATION OF APPROPRIATIONS FOR PRO-
MOTION OF DEMOCRACY IN HONG KONG. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $10,000,000 for fiscal year 
2022 for the Bureau of Democracy, Human Rights, and
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† HR 4521 EAS 
Labor of the Department of State to promote democracy in 
Hong Kong. 
(b) ADMINISTRATION.—The Secretary of State shall 
designate an office within the Department of State to ad-
minister and coordinate the provision of such funds de-
scribed in subsection (a) within the Department of State 
and across the United States Government. 
SEC. 3302. IMPOSITION OF SANCTIONS RELATING TO 
FORCED LABOR IN THE XINJIANG UYGHUR 
AUTONOMOUS REGION. 
(a) IN GENERAL.—Section 6(a)(1) of the Uyghur 
Human Rights Policy Act of 2020 (Public Law 116–145; 
22 U.S.C. 6901 note) is amended— 
(1) by redesignating subparagraph (E) as sub-
paragraph (F); and 
(2) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) Serious human rights abuses in con-
nection with forced labor.’’. 
(b) EFFECTIVE DATE; APPLICABILITY.—The amend-
ment made by subsection (a)— 
(1) takes effect on the date of the enactment of 
this Act; and 
(2) applies with respect to the first report re-
quired by section 6(a)(1) of the Uyghur Human
1038 
† HR 4521 EAS 
Rights Policy Act of 2020 submitted after such date 
of enactment. 
SEC. 3303. IMPOSITION OF SANCTIONS WITH RESPECT TO 
SYSTEMATIC 
RAPE, 
COERCIVE 
ABORTION, 
FORCED STERILIZATION, OR INVOLUNTARY 
CONTRACEPTIVE 
IMPLANTATION 
IN 
THE 
XINJIANG UYGHUR AUTONOMOUS REGION. 
(a) IN GENERAL.—Section 6(a)(1) of the Uyghur 
Human Rights Policy Act of 2020 (Public Law 116–145; 
22 U.S.C. 6901 note), as amended by section 302, is further 
amended— 
(1) by redesignating subparagraphs (F) as sub-
paragraph (G); and 
(2) by inserting after subparagraph (E) the fol-
lowing: 
‘‘(F) Systematic rape, coercive abortion, 
forced sterilization, or involuntary contraceptive 
implantation policies and practices.’’. 
(b) EFFECTIVE DATE; APPLICABILITY.—The amend-
ment made by subsection (a)— 
(1) takes effect on the date of the enactment of 
this Act; and 
(2) applies with respect to the first report re-
quired by section 6(a)(1) of the Uyghur Human
1039 
† HR 4521 EAS 
Rights Policy Act of 2020 submitted after such date 
of enactment. 
SEC. 3304. REPORT ON CORRUPT ACTIVITIES OF SENIOR 
OFFICIALS OF GOVERNMENT OF THE PEO-
PLE’S REPUBLIC OF CHINA. 
(a) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees 
of Congress’’ means— 
(1) the Committee on Foreign Relations, the 
Committee on Banking, Housing, and Urban Affairs, 
and the Select Committee on Intelligence of the Sen-
ate; and 
(2) the Committee on Foreign Affairs, the Com-
mittee on Financial Services, and the Permanent Se-
lect Committee on Intelligence of the House of Rep-
resentatives. 
(b) ANNUAL REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, and annually 
thereafter through 2026, the Director of the Central 
Intelligence Agency, in coordination with the Sec-
retary of State, the Secretary of Treasury, and any 
other relevant United States Government official, 
shall submit to the appropriate committees of Con-
gress a report on the corruption and corrupt activities
1040 
† HR 4521 EAS 
of senior officials of the Government of the People’s 
Republic of China. 
(2) ELEMENTS.— 
(A) IN GENERAL.—Each report under para-
graph (1) shall include the following elements: 
(i) A description of the wealth and 
sources of wealth of senior officials of the 
Government of the People’s Republic of 
China. 
(ii) A description of corrupt activities, 
including activities taking place outside of 
China, engaged in by senior officials of the 
Government of the People’s Republic of 
China. 
(iii) A description of any gaps in the 
ability of the intelligence community to col-
lect information covered in clauses (i) and 
(ii). 
(B) SCOPE OF REPORTS.—The first report 
under paragraph (1) shall include comprehensive 
information on the matters described in subpara-
graph (A). Any succeeding report under para-
graph (1) may consist of an update or supple-
ment to the preceding report under that sub-
section.
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† HR 4521 EAS 
(3) FORM.—Each report under paragraph (1) 
shall include an unclassified executive summary of 
the elements described in clauses (i) and (ii) of para-
graph (2)(A), and may include a classified annex. 
(c) SENSE OF CONGRESS.—It is the sense of Congress 
that the United States should undertake every effort and 
pursue every opportunity to expose the corruption and re-
lated practices of senior officials of the Government of the 
People’s Republic of China, including President Xi 
Jinping. 
SEC. 3305. REMOVAL OF MEMBERS OF THE UNITED NA-
TIONS HUMAN RIGHTS COUNCIL THAT COM-
MIT HUMAN RIGHTS ABUSES. 
The President shall direct the Permanent Representa-
tive of the United States to the United Nations to use the 
voice, vote, and influence of the United States to— 
(1) reform the process for removing members of 
the United Nations Human Rights Council that com-
mit gross and systemic violations of human rights, 
including— 
(A) lowering the threshold vote at the 
United Nations General Assembly for removal to 
a simple majority;
1042 
† HR 4521 EAS 
(B) ensuring information detailing the 
member country’s human rights record is pub-
licly available before the vote on removal; and 
(C) making the vote of each country on the 
removal from the United Nations Human Rights 
Council publicly available; 
(2) reform the rules on electing members to the 
United Nations Human Rights Council to ensure 
United Nations members that have committed gross 
and systemic violations of human rights are not elect-
ed to the Human Rights Council; and 
(3) oppose the election to the Human Rights 
Council of any United Nations member— 
(A) currently designated as a country en-
gaged in a consistent pattern of gross violations 
of internationally recognized human rights pur-
suant to section 116 or section 502B of the For-
eign Assistance Act of 1961 (22 U.S.C. 2151n, 
2304); 
(B) currently designated as a state sponsor 
of terrorism; 
(C) currently designated as a Tier 3 coun-
try under the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7101 et seq.);
1043 
† HR 4521 EAS 
(D) the government of which is identified on 
the list published by the Secretary of State pur-
suant to section 404(b) of the Child Soldiers Pre-
vention Act of 2008 (22 U.S.C. 2370c–1(b)) as a 
government that recruits and uses child soldiers; 
or 
(E) the government of which the United 
States determines to have committed genocide or 
crimes against humanity. 
SEC. 3306. POLICY WITH RESPECT TO TIBET. 
(a) RANK OF UNITED STATES SPECIAL COORDINATOR 
FOR TIBETAN ISSUES.—Section 621 of the Tibetan Policy 
Act of 2002 (22 U.S.C. 6901 note) is amended— 
(1) by redesignating subsections (b), (c), and (d), 
as subsections (c), (d), and (e), respectively; and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) RANK.—The Special Coordinator shall either be 
appointed by the President, with the advice and consent of 
the Senate, or shall be an individual holding the rank of 
Under Secretary of State or higher.’’. 
(b) TIBET UNIT AT UNITED STATES EMBASSY IN BEI-
JING.— 
(1) IN GENERAL.—The Secretary of State shall 
establish a Tibet Unit in the Political Section of the
1044 
† HR 4521 EAS 
United States Embassy in Beijing, People’s Republic 
of China. 
(2) OPERATION.—The Tibet Unit established 
under paragraph (1) shall operate until such time as 
the Government of the People’s Republic of China per-
mits— 
(A) the United States Consulate General in 
Chengdu, People’s Republic of China, to reopen; 
or 
(B) a United States Consulate General in 
Lhasa, Tibet, to open. 
(3) STAFF.— 
(A) IN GENERAL.—The Secretary shall— 
(i) assign not fewer than 2 United 
States direct-hire personnel to the Tibet 
Unit established under paragraph (1); and 
(ii) hire not fewer than 1 locally en-
gaged staff member for such unit. 
(B) LANGUAGE
TRAINING.—The Secretary 
shall make Tibetan language training available 
to the personnel assigned under subparagraph 
(A), consistent with the Tibetan Policy Act of 
2002 (22 U.S.C. 6901 note).
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† HR 4521 EAS 
SEC. 3307. UNITED STATES POLICY AND INTERNATIONAL 
ENGAGEMENT ON THE SUCCESSION OR REIN-
CARNATION OF THE DALAI LAMA AND RELI-
GIOUS FREEDOM OF TIBETAN BUDDHISTS. 
(a) REAFFIRMATION OF POLICY.—It is the policy of 
the United States, as provided under section 342(b) of divi-
sion FF of the Consolidated Appropriations Act, 2021 (Pub-
lic Law 116–260), that any ‘‘interference by the Govern-
ment of the People’s Republic of China or any other govern-
ment in the process of recognizing a successor or reincarna-
tion of the 14th Dalai Lama and any future Dalai Lamas 
would represent a clear abuse of the right to religious free-
dom of Tibetan Buddhists and the Tibetan people’’. 
(b) INTERNATIONAL EFFORTS TO PROTECT RELIGIOUS 
FREEDOM
OF TIBETAN BUDDHISTS.—The Secretary of 
State should engage with United States allies and partners 
to— 
(1) support Tibetan Buddhist religious leaders’ 
sole religious authority to identify and install the 
15th Dalai Lama; 
(2) oppose claims by the Government of the Peo-
ple’s Republic of China that the PRC has the author-
ity to decide for Tibetan Buddhists the 15th Dalai 
Lama; and
1046 
† HR 4521 EAS 
(3) reject interference by the Government of the 
People’s Republic of China in the religious freedom of 
Tibetan Buddhists. 
SEC. 3308. SENSE OF CONGRESS ON TREATMENT OF 
UYGHURS AND OTHER ETHNIC MINORITIES 
IN THE XINJIANG UYGHUR AUTONOMOUS RE-
GION. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Uyghurs are one of several predomi-
nantly Muslim Turkic groups living in the Xinjiang 
Uyghur Autonomous Region (XUAR) in the north-
west of the People’s Republic of China (PRC). 
(2) Following Uyghur demonstrations and unrest 
in 2009 and clashes with government security per-
sonnel and other violent incidents in subsequent 
years, PRC leaders sought to ‘‘stabilize’’ the XUAR 
through large-scale arrests and extreme security meas-
ures, under the pretext of combatting alleged ter-
rorism, religious extremism, and ethnic separatism. 
(3) In May 2014, the PRC launched its ‘‘Strike 
Hard Against Violent Extremism’’ campaign, which 
placed further restrictions on and facilitated addi-
tional human rights violations against minorities in 
the XUAR under the pretext of fighting terrorism.
1047 
† HR 4521 EAS 
(4) In August 2016, Chinese Communist Party 
(CCP) Politburo member Chen Quanguo, former Tibet 
Autonomous Region (TAR) Party Secretary, known 
for overseeing intensifying security operations and 
human rights abuses in the TAR, was appointed as 
Party Secretary of the XUAR. 
(5) Beginning in 2017, XUAR authorities have 
sought to forcibly ‘‘assimilate’’ Uyghurs and other 
Turkic minorities into Chinese society through a pol-
icy of cultural erasure known as ‘‘Sinicization’’. 
(6) Since 2018, credible reporting including from 
the BBC, France24, and the New York Times has 
shown that the Government of the PRC has built mass 
internment camps in the XUAR, which it calls ‘‘voca-
tional training’’ centers, and detained Uyghurs and 
other groups in them and other facilities. 
(7) Since 2015, XUAR authorities have arbi-
trarily detained an estimated 1,500,000 Uyghurs— 
12.5 percent of the XUAR’s official Uyghur popu-
lation of 12,000,000—and a smaller number of other 
ethnic minorities in the ‘‘vocational training’’ centers 
and other detention and pre-detention facilities. 
(8) In 2017, the XUAR accounted for less than 
two percent of the PRC’s total population but 21 per-
cent of all arrests in China.
1048 
† HR 4521 EAS 
(9) The Atlantic, Radio Free Asia, and other 
sources have revealed that detainees are forced to re-
nounce many of their Islamic beliefs and customs and 
repudiate Uyghur culture, language, and identity. 
(10) Investigations by Human Rights Watch and 
other human rights organizations have documented 
how detainees are subject to political indoctrination, 
forced labor, crowded and unsanitary conditions, in-
voluntary biometric data collection, both medical ne-
glect and intrusive medical interventions, food and 
water deprivation, beatings, sexual violence, and tor-
ture. 
(11) Research by the Australian Strategic Policy 
Institute suggests that, since late 2019, many detain-
ees have been placed in higher security facilities and 
convicted of formal crimes. 
(12) Human Rights Watch has reported that the 
PRC uses data collection programs, including facial 
recognition technology, to surveil Uyghurs in the 
XUAR and to identify individuals whom authorities 
may detain. 
(13) PRC authorities have placed countless chil-
dren whose parents are detained or in exile in state- 
run institutions and boarding schools without the 
consent of their parents.
1049 
† HR 4521 EAS 
(14) New York Times reporting revealed that nu-
merous local PRC officials who did not agree with the 
policies carried out in XUAR have been fired and im-
prisoned. 
(15) Associated Press reporting documented 
widespread and systemic efforts by PRC authorities 
to force Uyghur women to take contraceptives or to 
subject them to sterilization or abortion, threatening 
to detain those who do not comply. 
(16) PRC authorities prohibit family members 
and advocates inside and outside China from having 
regular communications with relatives and friends 
imprisoned in the XUAR, such as journalist and en-
trepreneur Ekpar Asat. 
(17) PRC authorities have imposed pervasive re-
strictions on the peaceful practice of Islam in the 
XUAR, to the extent that Human Rights Watch as-
serts the PRC ‘‘has effectively outlawed the practice of 
Islam’’. 
(18) Individuals who are not detained in camps 
have been forced to attend political indoctrination ses-
sions, subjected to movement restrictions, mass sur-
veillance systems, involuntary biometric data collec-
tion, and other human rights abuses.
1050 
† HR 4521 EAS 
(19) International media, nongovernmental or-
ganizations, scholars, families, and survivors have re-
ported on the systemic nature of many of these abuses. 
(20) On June 26, 2020, a group of 50 inde-
pendent United Nations experts jointly expressed 
alarm over China’s deteriorating human rights 
record, including its repression in Xinjiang, and 
called on the international community ‘‘to act collec-
tively and decisively to ensure China respects human 
rights and abides by its international obligations’’. 
(21) On October 6, 2020, 39 United Nations 
member countries issued a public statement con-
demning human rights violations by PRC authorities 
and calling on the PRC to allow the United Nations 
High Commissioner for Human Rights unfettered ac-
cess to Xinjiang. 
(22) The United States Congress passed the 
Uyghur Human Rights Policy Act of 2020 (Public 
Law 116–145). 
(23) The United States Congress passed the Glob-
al Magnitsky Human Rights Accountability Act (sub-
title F of title XII of Public Law 114–328; 22 U.S.C. 
2656 note), which has been used to sanction PRC offi-
cials and entities for their activities in the XUAR.
1051 
† HR 4521 EAS 
(24) The United States Government has imple-
mented additional targeted restrictions on trade with 
Xinjiang and imposed visa and economic sanctions 
on PRC officials and entities for their activities in 
the XUAR. 
(25) The United States Government has docu-
mented human rights abuses and violations of indi-
vidual freedoms in the XUAR, including in the 2019 
Department of State Report on International Reli-
gious Freedom. 
(26) On January 19, 2021, then-Secretary of 
State Michael Pompeo ‘‘determined that the PRC, 
under the direction and control of the CCP, has com-
mitted genocide against the predominantly Muslim 
Uyghurs and other ethnic and religious minority 
groups in Xinjiang’’. 
(27) On January 19, 2021, during his confirma-
tion hearing, Secretary of State Antony Blinken testi-
fied that ‘‘forcing men, women, and children into con-
centration camps, trying to in effect reeducate them 
to be adherents to the Chinese Communist Party—all 
of that speaks to an effort to commit genocide’’. 
(28) On January 19, 2021, Secretary of the 
Treasury Janet L. Yellen, during her confirmation
1052 
† HR 4521 EAS 
hearing, publicly stated that China is guilty of ‘‘hor-
rendous human rights abuses’’. 
(29) On January 27, 2021, in response to a 
question from the press regarding the Uyghurs, Sec-
retary Blinken stated that his ‘‘judgement remains 
that genocide was committed against the Uyghurs’’. 
(30) On March 10, 2021, in response to a ques-
tion on Xinjiang during his testimony before the 
Committee on Foreign Affairs of the House of Rep-
resentatives, Secretary Blinken reiterated, ‘‘We’ve 
been clear, and I’ve been clear, that I see it as geno-
cide, other egregious abuses of human rights, and we’ll 
continue to make that clear.’’. 
(31) The 2020 Department of State Country Re-
ports on Human Rights Practices: China states that 
‘‘[g]enocide and crimes against humanity occurred 
during the year against the predominantly Muslim 
Uyghurs and other ethnic and religious minority 
groups in Xinjiang’’. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the atrocities committed by the CCP against 
Uyghurs and other predominantly Muslim Turkic 
groups in Xinjiang, including forced labor, sexual vi-
1053 
† HR 4521 EAS 
olence, the internment of over 1,000,000 individuals, 
and other horrific abuses must be condemned; 
(2) the President, the Secretary of State, and the 
United States Ambassador to the United Nations 
should speak publicly about the ongoing human rights 
abuses in the XUAR, including in formal speeches at 
the United Nations and other international fora; 
(3) the President, the Secretary of State, and the 
United States Ambassador to the United Nations 
should appeal to the United Nations Secretary-Gen-
eral to take a more proactive and public stance on the 
situation in the XUAR, including by supporting calls 
for an investigation and accountability for individ-
uals and entities involved in abuses against the peo-
ple of the XUAR; 
(4) the United States should continue to use tar-
geted sanctions and all diplomatic tools available to 
hold those responsible for the atrocities in Xinjiang to 
account; 
(5) United States agencies engaged with China 
on trade, climate, defense, or other bilateral issues 
should include human rights abuses in the XUAR as 
a consideration in developing United States policy; 
(6) the United States supports Radio Free Asia 
Uyghur, the only Uyghur-language news service in
1054 
† HR 4521 EAS 
the world independent of Chinese government influ-
ence; and 
(7) the United States recognizes the repeated re-
quests from the United Nations High Commissioner 
for Human Rights for unfettered access to the XUAR 
and the PRC’s refusal to comply, and therefore— 
(A) PRC authorities must allow unfettered 
access by the United Nations Office of the High 
Commissioner for Human Rights to the XUAR; 
(B) the United States should urge collabo-
rative action between the United States Govern-
ment and international partners to pressure 
PRC authorities to allow unfettered access to the 
XUAR; 
(C) the President, the Secretary of State, 
and the United States Ambassador to the United 
Nations should simultaneously outline a strategy 
to investigate the human rights abuses and 
crimes that have taken place in the XUAR, col-
lect evidence, and transfer the evidence to a com-
petent court; and 
(D) United States partners and allies 
should undertake similar strategies in an effort 
to build an international investigation outside of
1055 
† HR 4521 EAS 
the PRC if PRC authorities do not comply with 
a United Nations investigation in the XUAR. 
SEC. 3309. DEVELOPMENT AND DEPLOYMENT OF INTERNET 
FREEDOM 
AND 
GREAT 
FIREWALL 
CIR-
CUMVENTION TOOLS FOR THE PEOPLE OF 
HONG KONG. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The People’s Republic of China has repeat-
edly violated its obligations under the Joint Declara-
tion by suppressing the basic rights and freedoms of 
Hong Kongers. 
(2) On June 30, 2020, the National People’s 
Congress passed a ‘‘National Security Law’’ that fur-
ther erodes Hong Kong’s autonomy and enables au-
thorities to suppress dissent. 
(3) The Government of the People’s Republic of 
China continues to utilize the National Security Law 
to undermine the fundamental rights of the people of 
Hong Kong through suppression of the freedom of 
speech, assembly, religion, and the press. 
(4) Article 9 of the National Security Law au-
thorizes unprecedented regulation and supervision of 
internet activity in Hong Kong, including expanded 
police powers to force internet service providers to
1056 
† HR 4521 EAS 
censor content, hand over user information, and block 
access to platforms. 
(5) On January 13, 2021, the Hong Kong 
Broadband Network blocked public access to HK 
Chronicles, a website promoting pro-democracy view-
points, under the authorities of the National Security 
Law. 
(6) On February 12, 2021, internet service pro-
viders blocked access to the Taiwan Transitional Jus-
tice Commission website in Hong Kong. 
(7) Major tech companies including Facebook, 
Twitter, WhatsApp and Google have stopped review-
ing requests for user data from Hong Kong authori-
ties. 
(8) On February 28, 2021, 47 pro-democracy ac-
tivists in Hong Kong were arrested and charged 
under the National Security Law on the charge of 
‘‘conspiracy to commit subversion’’. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that the United States should— 
(1) support the ability of the people of Hong 
Kong to maintain their freedom to access information 
online; and 
(2) focus on investments in technologies that fa-
cilitate the unhindered exchange of information in
1057 
† HR 4521 EAS 
Hong Kong in advance of any future efforts by the 
Chinese Communist Party— 
(A) to suppress internet access; 
(B) to increase online censorship; or 
(C) to inhibit online communication and 
content-sharing by the people of Hong Kong. 
(c) DEFINITIONS.—In this section: 
(1) APPROPRIATE COMMITTEES OF CONGRESS.— 
The term ‘‘appropriate committees of Congress’’ 
means— 
(A) the Committee on Foreign Relations of 
the Senate; 
(B) the Committee on Appropriations of the 
Senate; 
(C) the Select Committee on Intelligence of 
the Senate; 
(D) the Committee on Foreign Affairs of the 
House of Representatives; 
(E) the Committee on Appropriations of the 
House of Representatives; and 
(F) the Permanent Select Committee on In-
telligence of the House of Representatives. 
(2) WORKING
GROUP.—The term ‘‘working 
group’’ means—
1058 
† HR 4521 EAS 
(A) the Under Secretary of State for Civil-
ian Security, Democracy, and Human Rights; 
(B) the Assistant Secretary of State for 
East Asian and Pacific Affairs; 
(C) the Chief Executive Officer of the 
United States Agency for Global Media and the 
President of the Open Technology Fund; and 
(D) the Administrator of the United States 
Agency for International Development. 
(3) JOINT DECLARATION.—The term ‘‘Joint Dec-
laration’’ means the Joint Declaration of the Govern-
ment of the United Kingdom of Great Britain and 
Northern Ireland and the Government of the People’s 
Republic of China on the Question of Hong Kong, 
done at Beijing on December 19, 1984. 
(d) HONG KONG INTERNET FREEDOM PROGRAM.— 
(1) IN GENERAL.—The Secretary of State is au-
thorized to establish a working group to develop a 
strategy to bolster internet resiliency and online ac-
cess in Hong Kong. The Secretary shall establish a 
Hong Kong Internet Freedom Program in the Bureau 
of Democracy, Human Rights, and Labor at the De-
partment of State. Additionally, the President of the 
Technology Fund is authorized to establish a Hong 
Kong Internet Freedom Program. These programs
1059 
† HR 4521 EAS 
shall operate independently, but in strategic coordina-
tion with other entities in the working group. The 
Open Technology Fund shall remain independent 
from Department of State direction in its implemen-
tation of this, and any other Internet Freedom Pro-
grams. 
(2) INDEPENDENCE.—During the period begin-
ning on the date of the enactment of this Act and end-
ing on September 30, 2023, the Program shall be car-
ried out independent from the mainland China inter-
net freedom portfolios in order to focus on supporting 
liberties presently enjoyed by the people of Hong 
Kong. 
(3) CONSOLIDATION OF DEPARTMENT OF STATE 
PROGRAM.—Beginning on October 1, 2023, the Sec-
retary of State may— 
(A) consolidate the Program with the main-
land China initiatives in the Bureau of Democ-
racy, Human Rights, and Labor; or 
(B) continue to carry out the Program in 
accordance with paragraph (2). 
(4) CONSOLIDATION OF OPEN TECHNOLOGY FUND 
PROGRAM.—Beginning on October 1, 2023, the Presi-
dent of the Open Technology Fund may—
1060 
† HR 4521 EAS 
(A) consolidate the Program with the main-
land China initiatives in the Open Technology 
Fund; or 
(B) continue to carry out the Program in 
accordance with paragraph (2). 
(e) SUPPORT FOR INTERNET FREEDOM TECHNOLOGY 
PROGRAMS.— 
(1) GRANTS AUTHORIZED.— 
(A) IN GENERAL.—The Secretary of State, 
working through the Bureau of Democracy, 
Human Rights, and Labor, and the Open Tech-
nology Fund, separately and independently from 
the Secretary of State, are authorized to award 
grants and contracts to private organizations to 
support and develop programs in Hong Kong 
that promote or expand— 
(i) open, interoperable, reliable and se-
cure internet; and 
(ii) the online exercise of human rights 
and fundamental freedoms of individual 
citizens, activists, human rights defenders, 
independent journalists, civil society orga-
nizations, and marginalized populations in 
Hong Kong.
1061 
† HR 4521 EAS 
(B) GOALS.—The goals of the programs de-
veloped with grants authorized under subpara-
graph (A) should be— 
(i) to make the internet available in 
Hong Kong; 
(ii) to increase the number of the tools 
in the technology portfolio; 
(iii) to promote the availability of such 
technologies and tools in Hong Kong; 
(iv) to encourage the adoption of such 
technologies and tools by the people of Hong 
Kong; 
(v) to scale up the distribution of such 
technologies and tools throughout Hong 
Kong; 
(vi) to prioritize the development of 
tools, components, code, and technologies 
that are fully open-source, to the extent 
practicable; 
(vii) to conduct research on repressive 
tactics that undermine internet freedom in 
Hong Kong; 
(viii) to ensure digital safety guidance 
and support is available to repressed indi-
vidual citizens, human rights defenders,
1062 
† HR 4521 EAS 
independent journalists, civil society orga-
nizations and marginalized populations in 
Hong Kong; and 
(ix) to engage American private indus-
try, including e-commerce firms and social 
networking companies, on the importance of 
preserving internet access in Hong Kong. 
(C) GRANT
RECIPIENTS.—Grants author-
ized under this paragraph shall be distributed to 
multiple vendors and suppliers through an open, 
fair, competitive, and evidence-based decision 
process— 
(i) to diversify the technical base; and 
(ii) to reduce the risk of misuse by bad 
actors. 
(D) SECURITY
AUDITS.—New technologies 
developed using grants from this paragraph shall 
undergo comprehensive security audits to ensure 
that such technologies are secure and have not 
been compromised in a manner detrimental to 
the interests of the United States or to individ-
uals or organizations benefitting from programs 
supported by the Open Technology Fund. 
(2) FUNDING SOURCE.—The Secretary of State is 
authorized to expend funds from the Human Rights
1063 
† HR 4521 EAS 
and Democracy Fund of the Bureau of Democracy, 
Human Rights, and Labor of the Department of State 
during fiscal year 2020 for grants authorized under 
paragraph (1) at any entity in the working group. 
(3) AUTHORIZATION OF APPROPRIATIONS.— 
(A) OPEN TECHNOLOGY FUND.—In addition 
to the funds authorized to be expended pursuant 
to paragraph (2), there are authorized to be ap-
propriated to the Open Technology Fund 
$5,000,000 for each of fiscal years 2022 and 
2023 to carry out this subsection. This funding 
is in addition to the funds authorized for the 
Open Technology Fund through the National De-
fense Authorization Act for Fiscal Year 2021 
(Public Law 116–92). 
(B) 
BUREAU
OF
DEMOCRACY, 
HUMAN 
RIGHTS, AND LABOR.—In addition to the funds 
authorized to be expended pursuant to para-
graph (2), there are authorized to be appro-
priated to the Office of Internet Freedom Pro-
grams in the Bureau of Democracy, Human 
Rights, and Labor of the Department of State 
$10,000,000 for each of fiscal years 2022 and 
2023 to carry out this section.
1064 
† HR 4521 EAS 
(C) AVAILABILITY.—Amounts appropriated 
pursuant to subparagraphs (A) and (B) shall re-
main available until expended. 
(f) STRATEGIC PLANNING REPORT.—Not later than 
120 days after the date of the enactment of this Act, the 
Secretary of State and the working group shall submit a 
classified report to the appropriate committees of Congress 
that— 
(1) describes the Federal Government’s plan to 
bolster and increase the availability of Great Firewall 
circumvention and internet freedom technology in 
Hong Kong during fiscal year 2022; 
(2) outlines a plan for— 
(A) supporting the preservation of an open, 
interoperable, reliable, and secure internet in 
Hong Kong; 
(B) increasing the supply of the technology 
referred to in paragraph (1); 
(C) accelerating the dissemination of such 
technology; 
(D) promoting the availability of internet 
freedom in Hong Kong; 
(E) utilizing presently-available tools in the 
existing relevant portfolios for further use in the 
unique context of Hong Kong;
1065 
† HR 4521 EAS 
(F) expanding the portfolio of tools in order 
to diversify and strengthen the effectiveness and 
resiliency of the circumvention efforts; 
(G) providing training for high-risk groups 
and individuals in Hong Kong; and 
(H) detecting analyzing, and responding to 
new and evolving censorship threats; 
(3) includes a detailed description of the tech-
nical and fiscal steps necessary to safely implement 
the plans referred to in paragraphs (1) and (2), in-
cluding an analysis of the market conditions in Hong 
Kong; 
(4) describes the Federal Government’s plans for 
awarding grants to private organizations for the pur-
poses described in subsection (e)(1)(A); 
(5) outlines the working group’s consultations re-
garding the implementation of this section to ensure 
that all Federal efforts are aligned and well coordi-
nated; and 
(6) outlines the Department of State’s strategy to 
influence global internet legal standards at inter-
national organizations and multilateral fora.
1066 
† HR 4521 EAS 
SEC. 
3310. 
ENHANCING 
TRANSPARENCY 
ON 
INTER-
NATIONAL AGREEMENTS AND NON-BINDING 
INSTRUMENTS. 
(a) IN GENERAL.—Section 112b of title 1, United 
States Code, is amended— 
(1) in the section heading, by striking ‘‘trans-
mission to Congress’’ and inserting ‘‘trans-
parency provisions’’; 
(2) in subsection (a)— 
(A) by striking ‘‘The Secretary’’ and all 
that follows through ‘‘notice from the President.’’; 
and 
(B) by striking ‘‘any international agree-
ment on behalf of the United States shall trans-
mit’’ and all that follows through the period at 
the end and inserting the following: ‘‘any inter-
national agreement or qualifying non-binding 
instrument on behalf of itself or the United 
States shall— 
‘‘(1) provide to the Secretary the text of each 
international agreement not later than 30 calendar 
days after the date on which such agreement is 
signed; 
‘‘(2) provide to the Secretary the text of each 
qualifying non-binding instrument not later than 30
1067 
† HR 4521 EAS 
calendar days after the date of the written commu-
nication described in subsection (m)(3)(A)(ii); and 
‘‘(3) on an ongoing basis, provide any imple-
menting material to the Secretary for transmittal to 
the appropriate congressional committees as needed to 
satisfy the requirements described in subsection (c).’’; 
(3) by striking subsection (b); 
(4) by redesignating subsections (a), (c), (d), (f), 
and (g) as subsections (d), (g), (j), (k), and (l), respec-
tively; 
(5) by inserting before subsection (d), as redesig-
nated by paragraph (4), the following: 
‘‘(a)(1) Not less frequently than once each month, the 
Secretary, through the Legal Adviser of the Department of 
State, shall provide to the appropriate congressional com-
mittees the following: 
‘‘(A)(i) A list of all international agreements 
and qualifying non-binding instruments approved for 
negotiation by the Secretary or another Department 
of State officer at the Assistant Secretary level or 
higher during the prior month. 
‘‘(ii) A description of the intended subject matter 
and parties to or participants for each international 
agreement and qualifying non-binding instrument 
listed pursuant to clause (i).
1068 
† HR 4521 EAS 
‘‘(B)(i) A list of all international agreements and 
qualifying non-binding instruments signed, concluded, or 
otherwise finalized with a foreign party or participant dur-
ing the prior month. 
‘‘(ii) The text of all international agreements and 
qualifying non-binding instruments described in clause (i). 
‘‘(iii) A description of the primary legal authority 
that, in the view of the Secretary, provides authorization 
for all international agreements and qualifying non-bind-
ing instruments provided under clause (ii) to become opera-
tive. If multiple authorities are relied upon, the Secretary 
shall cite all such authorities and identify a primary au-
thority. All citations to a treaty or statute shall include 
the specific article or section and subsection reference when-
ever available and, if not available, shall be as specific as 
possible. If the primary authority relied upon is article II 
of the Constitution of the United States, the Secretary shall 
explain the basis for that reliance. 
‘‘(C)(i) A list of all international agreements that en-
tered into force and qualifying non-binding instruments 
that became operative for the United States during the prior 
month. 
‘‘(ii) The text of all international agreements and 
qualifying non-binding instruments described in clause (i).
1069 
† HR 4521 EAS 
‘‘(iii) A statement describing any new or amended 
statutory or regulatory authority anticipated to be required 
to fully implement each proposed international agreement 
and qualifying non-binding instrument included in the list 
described in clause (i). 
‘‘(iv) A statement of whether there were any opportuni-
ties for public comment on the international agreement or 
qualifying non-binding instrument prior to the conclusion 
of such agreement or instrument. 
‘‘(2) The Secretary may provide any of the informa-
tion or texts of international agreements and qualifying 
non-binding instruments required under paragraph (1) in 
classified form if providing such information in unclassi-
fied form could reasonably be expected to cause damage to 
the foreign relations or foreign activities of the United 
States. 
‘‘(3) In the case of a general authorization issued for 
the negotiation or conclusion of a series of agreements of 
the same general type, the requirements of this subsection 
may be satisfied by the provision of— 
‘‘(A) a single notification containing all the in-
formation required by this subsection; and 
‘‘(B) a list, to the extent described in such gen-
eral authorization, of the countries with which such 
agreements are contemplated.
1070 
† HR 4521 EAS 
‘‘(4)(A) The President may, on a case-by-case basis, 
waive the requirements of this subsection with respect to 
a specific international agreement or qualifying non-bind-
ing instrument if the President certifies to the appropriate 
congressional committees that— 
‘‘(i) exercising the waiver authority is vital to 
the negotiation of a particular international agree-
ment or qualifying non-binding instrument that is 
itself vital to the national security interests of the 
United States; and 
‘‘(ii) not later than 60 calendar days after the 
date on which the President exercises the waiver au-
thority, the President or the President’s designee will 
brief the Majority Leader and the Minority Leader of 
the Senate, the Speaker and the Minority Leader of 
the House of Representatives, and the Chairs and 
Ranking Members of the appropriate congressional 
committees on the scope and status of the negotiation 
that is the subject of the waiver. 
‘‘(B) Not later than 60 calendar days after the date 
on which the President exercises the waiver authority under 
subparagraph (A), the President or the President’s designee 
shall brief the Majority Leader and the Minority Leader 
of the Senate, the Speaker and the Minority Leader of the 
House of Representatives, and the Chairs and Ranking
1071 
† HR 4521 EAS 
Members of the appropriate congressional committees on the 
scope and status of the negotiation that is the subject of 
the waiver. 
‘‘(C) The certification required by subparagraph (A) 
may be provided in classified form. 
‘‘(D) The President shall not delegate the waiver au-
thority or certification requirements under subparagraph 
(A). 
‘‘(b)(1) Not less frequently than once each month, the 
Secretary shall make the text of all international agree-
ments that entered into force and qualifying non-binding 
instruments that became operative during the prior month, 
and the information required by subparagraphs (B)(iii) 
and clauses (iii) and (iv) of subsection (a)(1)(C), available 
to the public on the website of the Department of State. 
‘‘(2) The requirement under paragraph (1)— 
‘‘(A) shall not apply to any information, includ-
ing the text of an international agreement or quali-
fying non-binding instrument, that is classified; and 
‘‘(B) shall apply to any information, including 
the text of an international agreement or qualifying 
non-binding instrument, that is unclassified, except 
that the information required by subparagraphs 
(B)(iii) and clauses (iii) and (iv) of subsection 
(a)(1)(C) shall not be subject to the requirement under
1072 
† HR 4521 EAS 
paragraph (1) if the international agreement or 
qualifying non-binding instrument to which it relates 
is classified. 
‘‘(3)(A) Not less frequently than once every 3 months, 
for all non-binding instruments that become operative and 
in which Department of State personnel or resources, in-
cluding personnel or resources subject to chief of mission 
authority, were involved in the negotiation of such instru-
ments, the Secretary shall— 
‘‘(i) make the text of all such unclassified non- 
binding instruments available to the public on the 
website of the Department of State; and 
‘‘(ii) transmit the text of all such classified non- 
binding instruments to the appropriate congressional 
committees. 
‘‘(B) The requirements under subparagraph (A) shall 
not apply to a non-binding instrument if the Secretary de-
termines that such instrument is a minor undertaking. The 
Secretary shall submit any such determination to the ap-
propriate congressional committees not later than 30 cal-
endar days after the date on which such instrument is 
signed or approved and provide in such submission the 
name of the instrument and a description of the instru-
ment’s scope, substance, and participants. The Secretary 
may provide such determination in classified form if pro-
1073 
† HR 4521 EAS 
viding such information in unclassified form could reason-
ably be expected to cause damage to the foreign relations 
or foreign activities of the United States. 
‘‘(C) The requirements under subparagraph (A) shall 
not apply to any non-binding instruments that become op-
erative pursuant to the authorities provided in title 10 or 
the authorities provided to the agencies described in section 
3(4) of the National Security Act of 1947 (50 U.S.C. 
3003(4)). 
‘‘(c) For any international agreement or qualifying 
non-binding arrangement, not later than 30 calendar days 
after the date on which the Secretary receives a written 
communication from the Chair or Ranking Member of ei-
ther of the appropriate congressional committees requesting 
copies of any implementing agreements or arrangements, 
whether binding or non-binding, the Secretary shall submit 
such implementing agreements or arrangements to the ap-
propriate congressional committees.’’; 
(6) by striking subsection (e) and inserting the 
following: 
‘‘(e)(1) Each department or agency of the United 
States Government that enters into any international 
agreement or qualifying non-binding instrument on behalf 
of itself or the United States shall designate a Chief Inter-
national Agreements Officer, who shall—
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† HR 4521 EAS 
‘‘(A) be selected from among employees of such 
department or agency; 
‘‘(B) serve concurrently as the Chief Inter-
national Agreements Officer; and 
‘‘(C) subject to the authority of the head of such 
department or agency, have department- or agency- 
wide responsibility for efficient and appropriate com-
pliance with this section. 
‘‘(2) The Chief International Agreements Officer of the 
Department of State shall serve in the Office of the Legal 
Adviser with the title of International Agreements Compli-
ance Officer. 
‘‘(f) Texts of oral international agreements and quali-
fying non-binding instruments shall be reduced to writing 
and subject to the requirements of subsection (a).’’; 
(7) in subsection (g), as redesignated by para-
graph (4), by striking ‘‘of State’’; 
(8) by inserting after subsection (g), as so redes-
ignated, the following: 
‘‘(h)(1) Notwithstanding any other provision of law, 
no amounts appropriated to the Department of State under 
any law shall be available for obligation or expenditure to 
conclude or implement or to support the conclusion or im-
plementation of (including through the use of personnel or 
resources subject to the authority of a chief of mission) a
1075 
† HR 4521 EAS 
particular international agreement, other than to facilitate 
compliance with this section, until the Secretary satisfies 
the substantive requirements in subsection (a) with respect 
to that particular international agreement. 
‘‘(2) Paragraph (1) shall take effect on October 1, 2022. 
‘‘(i)(1) Not later than 3 years after the date of the en-
actment of this Act, and not less frequently than once every 
2 years thereafter, the Comptroller General of the United 
States shall conduct an audit of the compliance of the Sec-
retary with the requirements of this section. 
‘‘(2) In any instance in which a failure by the Sec-
retary to comply with such requirements is determined by 
the Comptroller General to have been due to the failure or 
refusal of another agency to provide information or mate-
rial to the Department of State, or the failure to do so in 
a timely manner, the Comptroller General shall engage such 
other agency to determine— 
‘‘(A) the cause and scope of such failure or re-
fusal; 
‘‘(B) the specific office or offices responsible for 
such failure or refusal; and 
‘‘(C) penalties or other recommendations for 
measures to ensure compliance with statutory require-
ments.
1076 
† HR 4521 EAS 
‘‘(3) The Comptroller General shall submit to the ap-
propriate congressional committees the results of each audit 
required by paragraph (1). 
‘‘(4) The Comptroller General and the Secretary shall 
make the results of each audit required by paragraph (1) 
publicly available on the websites of the Government Ac-
countability Office and the Department of State, respec-
tively.’’; 
(9) in subsection (j), as redesignated by para-
graph (4)— 
(A) in paragraph (1)— 
(i) by striking ‘‘The Secretary of State 
shall annually submit to Congress’’ and in-
serting ‘‘Not later than February 1 of each 
year, the Secretary shall submit to the ap-
propriate congressional committees’’; and 
(ii) by striking ‘‘an index of’’ and all 
that follows through the period at the end 
and inserting the following: ‘‘a list of— 
‘‘(A) all international agreements and qualifying 
non-binding instruments that were signed or other-
wise concluded, entered into force or otherwise became 
operative, or that were modified or otherwise amended 
during the preceding calendar year; and
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† HR 4521 EAS 
‘‘(B) for each agreement and instrument in-
cluded in the list under subparagraph (A)— 
‘‘(i) the dates of any action described in 
such subparagraph; 
‘‘(ii) the title of the agreement or instru-
ment; and 
‘‘(iii) a summary of the agreement or in-
strument (including a description of the dura-
tion of activities under the agreement or instru-
ment and a description of the agreement or in-
strument).’’; 
(B) in paragraph (2), by striking ‘‘may be 
submitted in classified form’’ and inserting 
‘‘shall be submitted in unclassified form, but 
may include a classified annex’’; and 
(C) by adding at the end the following: 
‘‘(3)(A) The Secretary should make the report, except 
for any classified annex, available to the public on the 
website of the Department of State. 
‘‘(B) Not later than February 1 of each year, the Sec-
retary shall make available to the public on the website of 
the Department of State each part of the report involving 
an international agreement or qualifying non-binding in-
strument that entered into force or became operative during
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† HR 4521 EAS 
the preceding calendar year, except for any classified annex 
or information contained therein. 
‘‘(4) Not less frequently than once every 3 months, the 
Secretary shall brief the appropriate congressional commit-
tees on developments with regard to non-binding instru-
ments that have an important effect on the foreign relations 
of the United States.’’; and 
(10) in subsection (l), as redesignated by para-
graph (4)— 
(A) by striking ‘‘or executive agreement’’ 
and inserting ‘‘, executive agreement’’; and 
(B) by inserting ‘‘, or non-binding instru-
ment’’ after ‘‘agreement’’; and 
(11) by adding after subsection (l), as redesig-
nated by paragraph (4), the following: 
‘‘(m) In this section: 
‘‘(1) The term ‘appropriate congressional com-
mittees’ means— 
‘‘(A) the Committee on Foreign Relations of 
the Senate; and 
‘‘(B) the Committee on Foreign Affairs of 
the House of Representatives. 
‘‘(2) The term ‘international agreement’ in-
cludes—
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† HR 4521 EAS 
‘‘(A) treaties that require the advice and 
consent of the Senate, pursuant to article II of 
the Constitution of the United States; and 
‘‘(B) other international agreements to 
which the United States is a party and which 
are not subject to the advice and consent of the 
Senate. 
‘‘(3)(A) The term ‘qualifying non-binding instru-
ment’ means a non-binding instrument that— 
‘‘(i) is signed or otherwise becomes operative 
with one or more foreign governments, inter-
national organizations, or foreign entities, in-
cluding non-state actors; and 
‘‘(ii) is the subject of a written communica-
tion from the Chair or Ranking Member of either 
of the appropriate congressional committees to 
the Secretary. 
‘‘(B) The term ‘qualifying non-binding instru-
ment’ does not include any non-binding instrument 
that is signed or otherwise becomes operative pursu-
ant to the authorities provided in title 10 or the au-
thorities provided to the agencies described in section 
3(4) of the National Security Act of 1947 (50 U.S.C. 
3003(4)).
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† HR 4521 EAS 
‘‘(4) The term ‘Secretary’ means the Secretary of 
State. 
‘‘(5)(A) The term ‘text of the international agree-
ment or qualifying non-binding instrument’ in-
cludes— 
‘‘(i) any annex, appendix, codicil, side 
agreement, side letter, or any document of simi-
lar purpose or function to the aforementioned re-
gardless of the title of the document; or 
‘‘(ii) any related agreement or non-binding 
instrument, including implementing agreements 
and arrangements, whether entered into contem-
poraneously and in conjunction with the inter-
national agreement or qualifying non-binding 
instrument. 
‘‘(B) Under subparagraph (A)(ii), the term ‘con-
temporaneously and in conjunction with’ shall be con-
strued liberally and shall not be interpreted to mean 
simultaneously or on the same day.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 2 of title 1, United States Code, 
is amended by striking the item relating to section 112b 
and inserting the following: 
‘‘112b. United States international agreements; transparency provisions.’’. 
(c) CONFORMING AMENDMENT.—Section 317(h)(2) of 
the Homeland Security Act of 2002 (6 U.S.C. 195c(h)(2))
1081 
† HR 4521 EAS 
is amended by striking ‘‘Section 112b(c)’’ and inserting 
‘‘Section 112b(g)’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Department of State 
$1,000,000 for each of fiscal years 2022 through 2026 for 
purposes of implementing the requirements of section 112b 
of title 1, United States Code, as amended by this section. 
(e) RULES AND REGULATIONS.—Not later than six 
months from the date of the enactment of this Act, the Presi-
dent shall, through the Secretary of State, promulgate such 
rules and regulations as may be necessary to carry section 
112b of title 1, United States Code, as amended by this sec-
tion. 
SEC. 3311. AUTHORIZATION OF APPROPRIATIONS FOR PRO-
TECTING HUMAN RIGHTS IN THE PEOPLE’S 
REPUBLIC OF CHINA. 
(a) IN GENERAL.—Amounts authorized to be appro-
priated or otherwise made available to carry out section 
409 of the Asia Reassurance Initiative (Public Law 115– 
409) include programs that prioritize the protection and 
advancement of the freedoms of association, assembly, reli-
gion, and expression for women, human rights activists, 
and ethnic and religious minorities in the People’s Republic 
of China.
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† HR 4521 EAS 
(b) USE OF FUNDS.—Amounts appropriated pursuant 
to subsection (a) may be used to fund nongovernmental 
agencies within the Indo-Pacific region that are focused on 
the issues described in subsection (a). 
(c) CONSULTATION REQUIREMENT.—In carrying out 
this section, the Assistant Secretary of Democracy, Human 
Rights and Labor shall consult with the appropriate con-
gressional committees and representatives of civil society re-
garding— 
(1) strengthening the capacity of the organiza-
tions referred to in subsection (b); 
(2) protecting members of the groups referred to 
in subsection (a) who have been targeted for arrest, 
harassment, forced sterilizations, coercive abortions, 
forced labor, or intimidation, including members re-
siding outside of the People’s Republic of China; and 
(3) messaging efforts to reach the broadest pos-
sible audiences within the People’s Republic of China 
about United States Government efforts to protect 
freedom of association, expression, assembly, and the 
rights of ethnic minorities.
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† HR 4521 EAS 
SEC. 3312. DIPLOMATIC BOYCOTT OF THE XXIV OLYMPIC 
WINTER GAMES AND THE XIII PARALYMPIC 
WINTER GAMES. 
(a) STATEMENT OF POLICY.—It shall be the policy of 
the United States— 
(1) to implement a diplomatic boycott of the 
XXIV 
Olympic 
Winter 
Games 
and 
the 
XIII 
Paralympic Winter Games in the PRC; and 
(2) to call for an end to the Chinese Communist 
Party’s ongoing human rights abuses, including the 
Uyghur genocide. 
(b) FUNDING PROHIBITION.— 
(1) IN
GENERAL.—Notwithstanding any other 
provision of law, the Secretary of State may not obli-
gate or expend any Federal funds to support or facili-
tate the attendance of the XXIV Olympic Winter 
Games or the XIII Paralympic Winter Games by any 
employee of the United States Government. 
(2) EXCEPTION.—Paragraph (1) shall not apply 
to the obligation or expenditure of Federal funds nec-
essary— 
(A) to support— 
(i) the United States Olympic and 
Paralympic Committee; 
(ii) the national governing bodies of 
amateur sports; or
1084 
† HR 4521 EAS 
(iii) athletes, employees, or contractors 
of the Olympic and Paralympic Committee 
or such national governing bodies; or 
(B) to provide consular services or security 
to, or otherwise protect the health, safety, and 
welfare of, United States persons, employees, con-
tractors, and their families. 
(3) WAIVER.—The Secretary of State may waive 
the applicability of paragraph (1) in a circumstance 
in which the Secretary determines a waiver is the na-
tional interest. 
SEC. 3313. REPEAL OF SUNSET APPLICABLE TO AUTHORITY 
UNDER GLOBAL MAGNITSKY HUMAN RIGHTS 
ACCOUNTABILITY ACT. 
Section 1265 of the Global Magnitsky Human Rights 
Accountability Act (Subtitle F of title XII of Public Law 
114–328; 22 U.S.C. 2656 note) is repealed. 
TITLE IV—INVESTING IN OUR 
ECONOMIC STATECRAFT 
SEC. 3401. FINDINGS AND SENSE OF CONGRESS REGARD-
ING THE PRC’S INDUSTRIAL POLICY. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The People’s Republic of China, at the direc-
tion of the Chinese Communist Party, is advancing
1085 
† HR 4521 EAS 
an ecosystem of anticompetitive economic and indus-
trial policies that— 
(A) distort global markets; 
(B) limit innovation; 
(C) unfairly advantage PRC firms at the 
expense of the United States and other foreign 
firms; and 
(D) unfairly and harmfully prejudice con-
sumer choice. 
(2) Of the extensive and systemic economic and 
industrial policies pursued by the PRC, the mass sub-
sidization of PRC firms, intellectual property theft, 
and forced technology transfer are among the most 
damaging to the global economy. 
(3) Through regulatory interventions and direct 
financial subsidies, the CCP, for the purposes of ad-
vancing national political and economic objectives, 
directs, coerces, and influences in anti-competitive 
ways the commercial activities of firms that are di-
rected, financed, influenced, or otherwise controlled by 
the state, including state-owned enterprises, and os-
tensibly independent and private Chinese companies, 
such as technology firms in strategic sectors. 
(4) The PRC Government, at the national and 
subnational levels, grants special privileges or status
1086 
† HR 4521 EAS 
to certain PRC firms in key sectors designated as 
strategic, such as telecommunications, oil, power, 
aviation, banking, and semiconductors. Enterprises 
receive special state preferences in the form of favor-
able loans, tax exemptions, and preferential land ac-
cess from the CCP. 
(5) The subsidization of PRC companies, as de-
scribed in paragraphs (3) and (4)— 
(A) enables these companies to sell goods 
below market prices, allowing them to outbid 
and crowd out market-based competitors and 
thereby pursue global dominance of key sectors; 
(B) distorts the global market economy by 
undermining longstanding and generally accept-
ed market-based principles of fair competition, 
leading to barriers to entry and forced exit from 
the market for foreign or private firms, not only 
in the PRC, but in markets around the world; 
(C) creates government-sponsored or sup-
ported de facto monopolies, cartels, and other 
anti-market arrangements in key sectors, lim-
iting or removing opportunities for other firms; 
and 
(D) leads to, as a result of the issues de-
scribed in paragraphs (A) through (C), declines
1087 
† HR 4521 EAS 
in profits and revenue needed by foreign and 
private firms for research and development. 
(6) The CCP incentivizes and empowers PRC ac-
tors to steal critical technologies and trade secrets 
from private and foreign competitors operating in the 
PRC and around the world, particularly in areas 
that the CCP has identified as critical to advancing 
PRC objectives. The PRC, as directed by the CCP, 
also continues to implement anti-competitive regula-
tions, policies, and practices that coerce the handover 
of technology and other propriety or sensitive data 
from foreign enterprises to domestic firms in exchange 
for access to the PRC market. 
(7) Companies in the United States and in for-
eign countries compete with state-subsidized PRC 
companies that enjoy the protection and power of the 
state in third-country markets around the world. The 
advantages granted to PRC firms, combined with sig-
nificant restrictions to accessing the PRC market 
itself, severely hamper the ability of United States 
and foreign firms to compete, innovate, and pursue 
the provision of best value to customers. The result is 
an unbalanced playing field. Such an unsustainable 
course, if not checked, will over time lead to depressed
1088 
† HR 4521 EAS 
competition around the world, reduced opportunity, 
and harm to both producers and consumers. 
(8) As stated in the United States Trade Rep-
resentative’s investigation of the PRC’s trade prac-
tices under section 301 of the Trade Act of 1974 (19 
U.S.C. 2411), conducted in March 2018, ‘‘When U.S. 
companies are deprived of fair returns on their in-
vestment in IP, they are unable to achieve the growth 
necessary to reinvest in innovation. In this sense, 
China’s technology transfer regime directly burdens 
the innovation ecosystem that is an engine of eco-
nomic growth in the United States and similarly-sit-
uated economies.’’. 
(9) In addition to forced technology transfers de-
scribed in this subsection, the United States Trade 
Representative’s investigation of the PRC under sec-
tion 301 of the Trade Act of 1974 (19 U.S.C. 2411) 
also identified requirements that foreign firms license 
products at less than market value, government-di-
rected and government-subsidized acquisition of sen-
sitive technology for strategic purposes, and cyber 
theft as other key PRC technology and industrial 
policies that are unreasonable and discriminatory. 
These policies place at risk United States intellectual
1089 
† HR 4521 EAS 
property rights, innovation and technological develop-
ment, and jobs in dozens of industries. 
(10) Other elements of the PRC’s ecosystem of in-
dustrial policies that harm innovation and distort 
global markets include— 
(A) advancement of policies that encourage 
local production over imports; 
(B) continuation of policies that favor 
unique technical standards in use by PRC firms 
rather than globally accepted standards, which 
often force foreign firms to alter their products 
and manufacturing chains to compete; 
(C) requirements that foreign companies 
disclose proprietary information to qualify for 
the adoption of their standards for use in the 
PRC domestic market; and 
(D) maintenance of closed procurement 
processes, which limit participation by foreign 
firms, including by setting terms that require 
such firms to use domestic suppliers, transfer 
know-how to firms in the PRC, and disclose pro-
prietary information. 
(11) The Belt and Road Initiative (BRI) and as-
sociated industry-specific efforts under this initiative, 
such as the Digital Silk Road, are key vectors to ad-
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† HR 4521 EAS 
vance the PRC’s mercantilist policies and practices 
globally. The resulting challenges do not only affect 
United States firms. As the European Chamber of 
Commerce reported in a January 2020 report, the 
combination of concessional lending to PRC state- 
owned enterprises, nontransparent procurement and 
bidding processes, closed digital standards, and other 
factors severely limit European and other participa-
tion in BRI and make ‘‘competition [with PRC com-
panies] in third-country markets extremely chal-
lenging’’. This underscores a key objective of BRI, 
which is to ensure the reliance of infrastructure, dig-
ital technologies, and other important goods on PRC 
supply chains and technical standards. 
(12) On January 9, 2021, the Ministry of Com-
merce of the PRC issued Order No. 1 of 2021, entitled 
‘‘Rules on Counteracting Unjustified Extraterritorial 
Application of Foreign Legislation and other Meas-
ures’’, which establishes a blocking regime in response 
to foreign sanctions on Chinese individuals and enti-
ties. That order allows the Government of the PRC to 
designate specific foreign laws as ‘‘unjustified 
extraterritorial application of foreign legislation’’ and 
to prohibit compliance with such foreign laws.
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† HR 4521 EAS 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the challenges presented by a nonmarket 
economy like the PRC’s economy, which has captured 
such a large share of global economic exchange, are in 
many ways unprecedented and require sufficiently 
elevated and sustained long-term focus and engage-
ment; 
(2) in order to truly address the most detri-
mental aspects of CCP-directed mercantilist economic 
strategy, the United States must adopt policies that— 
(A) expose the full scope and scale of intel-
lectual property theft and mass subsidization of 
Chinese firms, and the resulting harm to the 
United States, foreign markets, and the global 
economy; 
(B) ensure that PRC companies face costs 
and consequences for anticompetitive behavior; 
(C) provide options for affected United 
States persons to address and respond to unrea-
sonable and discriminatory CCP-directed indus-
trial policies; and 
(D) strengthen the protection of critical 
technology and sensitive data, while still fos-
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† HR 4521 EAS 
tering an environment that provides incentives 
for innovation and competition; 
(3) the United States must work with its allies 
and partners through the Organization for Economic 
Cooperation and Development (OECD), the World 
Trade Organization, and other venues and fora— 
(A) to reinforce long-standing generally ac-
cepted principles of fair competition and market 
behavior and address the PRC’s anticompetitive 
economic and industrial policies that undermine 
decades of global growth and innovation; 
(B) to ensure that the PRC is not granted 
the same treatment as that of a free-market econ-
omy until it ceases the implementation of laws, 
regulations, policies, and practices that provide 
unfair advantage to PRC firms in furtherance of 
national objectives and impose unreasonable, dis-
criminatory, and illegal burdens on market- 
based international commerce; and 
(C) to align policies with respect to curbing 
state-directed subsidization of the private sector, 
such as advocating for global rules related to 
transparency and adherence to notification re-
quirements, including through the efforts cur-
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† HR 4521 EAS 
rently being advanced by the United States, 
Japan, and the European Union; 
(4) the United States and its allies and partners 
must collaborate to provide incentives to their respec-
tive companies to cooperate in areas such as— 
(A) advocating for protection of intellectual 
property rights in markets around the world; 
(B) fostering open technical standards; and 
(C) increasing joint investments in overseas 
markets; and 
(5) the United States should develop policies 
that— 
(A) insulate United States entities from 
PRC pressure against complying with United 
States laws; 
(B) counter the potential impact of the 
blocking regime of the PRC described in sub-
section (a)(12), including by working with allies 
and partners of the United States and multilat-
eral institutions; and 
(C) plan for future actions that the Govern-
ment of the PRC may take to undermine the 
lawful application of United States legal au-
thorities, including with respect to the use of 
sanctions.
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† HR 4521 EAS 
SEC. 3402. INTELLECTUAL PROPERTY VIOLATORS LIST. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, and not less frequently 
than annually thereafter for 5 years, the Secretary of State, 
in coordination with the Secretary of Commerce, the Attor-
ney General, the United States Trade Representative, and 
the Director of National Intelligence, shall create a list (re-
ferred to in this section as the ‘‘intellectual property viola-
tors list’’) that identifies— 
(1) all centrally administered state-owned enter-
prises incorporated in the People’s Republic of China 
that have benefitted from— 
(A) a significant act or series of acts of in-
tellectual property theft that subjected a United 
States economic sector or particular company 
incorporated in the United States to harm; or 
(B) an act or government policy of involun-
tary or coerced technology transfer of intellectual 
property ultimately owned by a company incor-
porated in the United States; and 
(2) any corporate officer of, or principal share-
holder with controlling interests in, an entity de-
scribed in paragraph (1). 
(b) RULES
FOR
IDENTIFICATION.—To determine 
whether there is a credible basis for determining that a com-
pany should be included on the intellectual property viola-
1095 
† HR 4521 EAS 
tors list, the Secretary of State, in coordination with the 
Secretary of Commerce, the United States Trade Represent-
ative, and the Director of National Intelligence, shall con-
sider— 
(1) any finding by a United States court that 
the company has violated relevant United States laws 
intended to protect intellectual property rights; or 
(2) substantial and credible information received 
from any entity described in subsection (c) or other 
interested persons. 
(c) CONSULTATION.—In carrying out this section, the 
Secretary of State, in coordination with the Secretary of 
Commerce, the United States Trade Representative, and the 
Director of National Intelligence, may consult, as necessary 
and appropriate, with— 
(1) other Federal agencies, including inde-
pendent agencies; 
(2) the private sector; 
(3) civil society organizations with relevant ex-
pertise; and 
(4) the Governments of Australia, Canada, the 
European Union, Japan, New Zealand, South Korea, 
and the United Kingdom. 
(d) REPORT.—
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† HR 4521 EAS 
(1) IN GENERAL.—The Secretary of State shall 
publish, in the Federal Register, an annual report 
that— 
(A) lists the companies engaged in the ac-
tivities described in subsection (a)(1); and 
(B) describes the circumstances surrounding 
actions described in subsection (a)(2), including 
any role of the PRC government; 
(C) assesses, to the extent practicable, the 
economic advantage derived by the companies 
engaged in the activities described in subsection 
(a)(1); and 
(D) assesses whether each company engaged 
in the activities described in subsection (a)(1) is 
using or has used the stolen intellectual property 
in commercial activity in Australia, Canada, the 
European Union, Japan, New Zealand, South 
Korea, the United Kingdom, or the United 
States. 
(2) FORM.—The report published under para-
graph (1) shall be unclassified, but may include a 
classified annex. 
(e) DECLASSIFICATION AND RELEASE.—The Director 
of National Intelligence may authorize the declassification
1097 
† HR 4521 EAS 
of information, as appropriate, to inform the contents of 
the report published pursuant to subsection (d). 
(f) REQUIREMENT TO PROTECT BUSINESS-CONFIDEN-
TIAL INFORMATION.— 
(1) IN GENERAL.—The Secretary of State and 
the heads of all other Federal agencies involved in the 
production of the intellectual property violators list 
shall protect from disclosure any proprietary infor-
mation submitted by a private sector participant and 
marked as business-confidential information, unless 
the party submitting the confidential business infor-
mation— 
(A) had notice, at the time of submission, 
that such information would be released by the 
Secretary; or 
(B) subsequently consents to the release of 
such information. 
(2) NONCONFIDENTIAL VERSION OF REPORT.—If 
confidential business information is provided by a 
private sector participant, a nonconfidential version 
of the report under subsection (d) shall be published 
in the Federal Register that summarizes or deletes, if 
necessary, the confidential business information.
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† HR 4521 EAS 
(3) TREATMENT AS TRADE SECRETS.—Propri-
etary information submitted by a private party under 
this section— 
(A) shall be considered to be trade secrets 
and commercial or financial information (as de-
fined under section 552(b)(4) of title 5, United 
States Code); and 
(B) shall be exempt from disclosure without 
the express approval of the private party. 
SEC. 3403. GOVERNMENT OF THE PEOPLE’S REPUBLIC OF 
CHINA SUBSIDIES LIST. 
(a) REPORT.—Not later than one year after the date 
of the enactment of this Act, and annually thereafter for 
5 years, the Secretary of State, in coordination with the 
United States Trade Representative and the Secretary of 
Commerce, shall publish an unclassified report in the Fed-
eral Register that identifies— 
(1) subsidies provided by the PRC government to 
enterprises in the PRC; and 
(2) discriminatory treatment favoring enter-
prises in the PRC over foreign market participants. 
(b) SUBSIDIES AND DISCRIMINATORY TREATMENT DE-
SCRIBED.—In compiling the report under subsection (a), 
the Secretary of State shall consider—
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† HR 4521 EAS 
(1) regulatory and other policies enacted or pro-
moted by the PRC government that— 
(A) discriminate in favor of enterprises in 
the PRC at the expense of foreign market par-
ticipants; 
(B) shield centrally administered, state- 
owned enterprises from competition; or 
(C) otherwise suppress market-based com-
petition; 
(2) financial subsidies, including favorable lend-
ing terms, from or promoted by the PRC government 
or centrally administered, state-owned enterprises 
that materially benefit PRC enterprises over foreign 
market participants in contravention of generally ac-
cepted market principles; and 
(3) any subsidy that meets the definition of sub-
sidy under article 1 of the Agreement on Subsidies 
and Countervailing Measures referred to in section 
101(d)(12) of the Uruguay Round Agreements Act (19 
U.S.C. 3511(d)(12)). 
(c) CONSULTATION.—The Secretary of State, in coordi-
nation with the Secretary of Commerce and the United 
States Trade Representative, may, as necessary and appro-
priate, consult with—
1100 
† HR 4521 EAS 
(1) other Federal agencies, including inde-
pendent agencies; 
(2) the private sector; and 
(3) civil society organizations with relevant ex-
pertise. 
SEC. 3404. COUNTERING FOREIGN CORRUPT PRACTICES. 
(a) IN GENERAL.—The Secretary of State, in coordi-
nation with the Attorney General, shall offer to provide 
technical assistance to establish legislative and regulatory 
frameworks to combat the bribery of foreign public officials 
consistent with the principles of the OECD Convention on 
Combating Bribery of Foreign Public Officials in Inter-
national Business Transactions to the governments of coun-
tries— 
(1) that are partners of the United States; 
(2) that have demonstrated a will to combat for-
eign corrupt practices responsibly; and 
(3) for which technical assistance will have the 
greatest opportunity to achieve measurable results. 
(b) STRATEGY REQUIREMENT.—Not later than 90 
days after the date of enactment of this Act, the Secretary 
of State shall submit a strategy for carrying out the activi-
ties described in subsections (a) to the appropriate congres-
sional committees.
1101 
† HR 4521 EAS 
(c) COORDINATION.—In formulating the strategy de-
scribed in subsection (b), the Secretary of State shall coordi-
nate with the Attorney General. 
(d) SEMIANNUAL BRIEFING REQUIREMENT.—Not later 
than 180 days after the date of enactment of this Act, and 
every 180 days thereafter for five years, the Secretary of 
State shall provide a briefing regarding the activities de-
scribed in subsection (a) and the strategy submitted under 
subsection (b) to the appropriate congressional committees. 
SEC. 3405. DEBT RELIEF FOR COUNTRIES ELIGIBLE FOR AS-
SISTANCE FROM THE INTERNATIONAL DE-
VELOPMENT ASSOCIATION. 
(a) POLICY STATEMENT.—It is the policy of the United 
States to coordinate with the international community to 
provide debt relief for debt that is held by countries eligible 
for assistance from the International Development Associa-
tion that request forbearance to respond to the COVID–19 
pandemic. 
(b) DEBT RELIEF.—The Secretary of the Treasury, in 
consultation with the Secretary of State, shall engage with 
international financial institutions and other bilateral offi-
cial creditors to advance policy discussions on restruc-
turing, rescheduling, or canceling the sovereign debt of 
countries eligible for assistance from the International De-
1102 
† HR 4521 EAS 
velopment Association, as necessary, to respond to the 
COVID–19 pandemic. 
(c) REPORTING REQUIREMENT.—Not later than 45 
days after the date of the enactment of this Act, and every 
90 days thereafter until the end of the COVID–19 pan-
demic, as determined by the World Health Organization, 
or until two years after the date of the enactment of this 
Act, whichever is earlier, the Secretary of the Treasury, in 
coordination with the Secretary of State, shall submit to 
the committees specified in subsection (d) a report that de-
scribes— 
(1) actions that have been taken to advance debt 
relief for countries eligible for assistance from the 
International Development Association that request 
forbearance to respond to the COVID–19 pandemic in 
coordination with international financial institu-
tions, the Group of 7 (G7), the Group of 20 (G20), 
Paris Club members, and the Institute of Inter-
national Finance; 
(2) mechanisms that have been utilized and 
mechanisms that are under consideration to provide 
the debt relief described in paragraph (1); 
(3) any United States policy concerns regarding 
debt relief to specific countries;
1103 
† HR 4521 EAS 
(4) the balance and status of repayments on all 
loans from the People’s Republic of China to countries 
eligible for assistance from the International Develop-
ment Association, including— 
(A) loans provided as part of the Belt and 
Road Initiative of the People’s Republic of 
China; 
(B) loans made by the Export-Import Bank 
of China; 
(C) loans made by the China Development 
Bank; and 
(D) loans made by the Asian Infrastructure 
Investment Bank; and 
(5) the transparency measures established or pro-
posed to ensure that funds saved through the debt re-
lief described in paragraph (1) will be used for activi-
ties— 
(A) that respond to the health, economic, 
and social consequences of the COVID–19 pan-
demic; and 
(B) that are consistent with the interests 
and values of the United States. 
(d) COMMITTEES SPECIFIED.—The committees speci-
fied in this subsection are—
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† HR 4521 EAS 
(1) the Committee on Foreign Relations, the 
Committee on Appropriations, and the Committee on 
Banking, Housing, and Urban Affairs of the Senate; 
and 
(2) the Committee on Foreign Affairs, the Com-
mittee on Appropriations, and the Committee on Fi-
nancial Services of the House of Representatives. 
SEC. 3406. REPORT ON MANNER AND EXTENT TO WHICH 
THE GOVERNMENT OF THE PEOPLE’S REPUB-
LIC OF CHINA EXPLOITS HONG KONG TO CIR-
CUMVENT UNITED STATES LAWS AND PRO-
TECTIONS. 
Title III of the United States-Hong Kong Policy Act 
of 1992 (22 U.S.C. 5731 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 303. REPORT ON MANNER AND EXTENT TO WHICH 
THE GOVERNMENT OF THE PEOPLE’S REPUB-
LIC OF CHINA EXPLOITS HONG KONG TO CIR-
CUMVENT UNITED STATES LAWS AND PRO-
TECTIONS. 
‘‘(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this section, the Secretary of State 
shall submit to the appropriate congressional committees a 
report on the manner and extent to which the Government 
of the People’s Republic of China uses the status of Hong
1105 
† HR 4521 EAS 
Kong to circumvent the laws and protections of the United 
States. 
‘‘(b) ELEMENTS.—The report required by subsection 
(a) shall include the following: 
‘‘(1) In consultation with the Secretary of Com-
merce, the Secretary of Homeland Security, and the 
Director of National Intelligence— 
‘‘(A) an assessment of how the Government 
of the People’s Republic of China uses Hong 
Kong to circumvent United States export con-
trols; and 
‘‘(B) a list of all significant incidents in 
which the Government of the People’s Republic of 
China used Hong Kong to circumvent such con-
trols during the reporting period. 
‘‘(2) In consultation with the Secretary of the 
Treasury and the Secretary of Commerce— 
‘‘(A) an assessment of how the Government 
of the People’s Republic of China uses Hong 
Kong to circumvent duties on merchandise ex-
ported to the United States from the People’s Re-
public of China; and 
‘‘(B) a list of all significant incidents in 
which the Government of the People’s Republic of
1106 
† HR 4521 EAS 
China used Hong Kong to circumvent such du-
ties during the reporting period. 
‘‘(3) In consultation with the Secretary of the 
Treasury, the Secretary of Homeland Security, and 
the Director of National Intelligence— 
‘‘(A) an assessment of how the Government 
of the People’s Republic of China uses Hong 
Kong to circumvent sanctions imposed by the 
United States or pursuant to multilateral re-
gimes; and 
‘‘(B) a list of all significant incidents in 
which the Government of the People’s Republic of 
China used Hong Kong to circumvent such sanc-
tions during the reporting period. 
‘‘(4) In consultation with the Secretary of Home-
land Security and the Director of National Intel-
ligence, an assessment of how the Government of the 
People’s Republic of China uses formal or informal 
means to extradite or coercively move individuals, in-
cluding United States persons, from Hong Kong to 
the People’s Republic of China. 
‘‘(5) In consultation with the Secretary of De-
fense, the Director of National Intelligence, and the 
Director of Homeland Security—
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† HR 4521 EAS 
‘‘(A) an assessment of how the intelligence, 
security, and law enforcement agencies of the 
Government of the People’s Republic of China, 
including the Ministry of State Security, the 
Ministry of Public Security, and the People’s 
Armed Police, use the Hong Kong Security Bu-
reau and other security agencies in Hong Kong 
to conduct espionage on foreign nationals, in-
cluding United States persons, conduct influence 
operations, or violate civil liberties guaranteed 
under the laws of Hong Kong; and 
‘‘(B) a list of all significant incidents of 
such espionage, influence operations, or viola-
tions of civil liberties during the reporting pe-
riod. 
‘‘(c) FORM OF REPORT; AVAILABILITY.— 
‘‘(1) FORM.—The report required by subsection 
(a) shall be submitted in unclassified form, but may 
include a classified index. 
‘‘(2) AVAILABILITY.—The unclassified portion of 
the report required by subsection (a) shall be posted 
on a publicly available internet website of the Depart-
ment of State. 
‘‘(d) DEFINITIONS.—In this section:
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† HR 4521 EAS 
‘‘(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional commit-
tees’ means— 
‘‘(A) the Committee on Foreign Relations, 
the Committee on Banking, Housing, and Urban 
Affairs, the Committee on Finance, and the Se-
lect Committee on Intelligence of the Senate; and 
‘‘(B) the Committee on Foreign Affairs, the 
Committee on Financial Services, the Permanent 
Select Committee on Intelligence, and the Com-
mittee on Ways and Means of the House of Rep-
resentatives. 
‘‘(2) FOREIGN NATIONAL.—The term ‘foreign na-
tional’ means a person that is neither— 
‘‘(A) an individual who is a citizen or na-
tional of the People’s Republic of China; or 
‘‘(B) an entity organized under the laws of 
the People’s Republic of China or of a jurisdic-
tion within the People’s Republic of China. 
‘‘(3) REPORTING PERIOD.—The term ‘reporting 
period’ means the 5-year period preceding submission 
of the report required by subsection (a). 
‘‘(4) 
UNITED
STATES
PERSON.—The 
term 
‘United States person’ means—
1109 
† HR 4521 EAS 
‘‘(A) a United States citizen or an alien 
lawfully admitted for permanent residence to the 
United States; or 
‘‘(B) an entity organized under the laws of 
the United States or of any jurisdiction within 
the United States, including a foreign branch of 
such an entity.’’. 
SEC. 3407. ANNUAL REVIEW ON THE PRESENCE OF CHINESE 
COMPANIES 
IN 
UNITED 
STATES 
CAPITAL 
MARKETS. 
(a) APPROPRIATE COMMITTEES OF CONGRESS.—In 
this section, the term ‘‘appropriate committees of Congress’’ 
means— 
(1) the Committee on Foreign Relations of the 
Senate; 
(2) the Select Committee on Intelligence of the 
Senate; 
(3) the Committee on Banking, Housing, and 
Urban Affairs of the Senate; 
(4) the Committee on Foreign Affairs of the 
House of Representatives; 
(5) the Permanent Select Committee on Intel-
ligence of the House of Representatives; and 
(6) the Committee on Financial Services of the 
House of Representatives.
1110 
† HR 4521 EAS 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, and annually 
thereafter for the following 5 years, the Secretary of 
State, in consultation with the Director of National 
Intelligence and the Secretary of the Treasury, shall 
submit an unclassified report to the appropriate com-
mittees of Congress that describes the risks posed to 
the United States by the presence in United States 
capital markets of companies incorporated in the 
PRC. 
(2) MATTERS TO BE INCLUDED.—The report re-
quired under paragraph (1) shall— 
(A) identify companies incorporated in the 
PRC that— 
(i) are listed or traded on one or sev-
eral stock exchanges within the United 
States, including over-the-counter market 
and ‘‘A Shares’’ added to indexes and ex-
change-traded funds out of mainland ex-
changes in the PRC; and 
(ii) based on the factors for consider-
ation described in paragraph (3), have 
knowingly and materially contributed to—
1111 
† HR 4521 EAS 
(I) 
activities 
that 
undermine 
United States national security; 
(II) serious abuses of internation-
ally recognized human rights; or 
(III) a substantially increased fi-
nancial 
risk 
exposure 
for 
United 
States-based investors; 
(B) describe the activities of the companies 
identified pursuant to subparagraph (A), and 
their implications for the United States; and 
(C) develop policy recommendations for the 
United States Government, State governments, 
United States financial institutions, United 
States equity and debt exchanges, and other rel-
evant stakeholders to address the risks posed by 
the presence in United States capital markets of 
the companies identified pursuant to subpara-
graph (A). 
(3) FACTORS
FOR
CONSIDERATION.—In com-
pleting the report under paragraph (1), the President 
shall consider whether a company identified pursuant 
to paragraph (2)(A)— 
(A) has materially contributed to the devel-
opment or manufacture, or sold or facilitated 
procurement by the PLA, of lethal military
1112 
† HR 4521 EAS 
equipment or component parts of such equip-
ment; 
(B) has contributed to the construction and 
militarization of features in the South China 
Sea; 
(C) has been sanctioned by the United 
States or has been determined to have conducted 
business with sanctioned entities; 
(D) has engaged in an act or a series of acts 
of intellectual property theft; 
(E) has engaged in corporate or economic 
espionage; 
(F) has contributed to the proliferation of 
nuclear or missile technology in violation of 
United Nations Security Council resolutions or 
United States sanctions; 
(G) has contributed to the repression of reli-
gious and ethnic minorities within the PRC, in-
cluding in Xinjiang Uyghur Autonomous Region 
or Tibet Autonomous Region; 
(H) has contributed to the development of 
technologies that enable censorship directed or di-
rectly supported by the PRC government; 
(I) has failed to comply fully with Federal 
securities laws (including required audits by the
1113 
† HR 4521 EAS 
Public Company Accounting Oversight Board) 
and ‘‘material risk’’ disclosure requirements of 
the Securities and Exchange Commission; or 
(J) has contributed to other activities or be-
havior determined to be relevant by the Presi-
dent. 
(c) REPORT FORM.—The report required under sub-
section (b)(1) shall be submitted in unclassified form, but 
may include a classified annex. 
(d) PUBLICATION.—The unclassified portion of the re-
port under subsection (b)(1) shall be made accessible to the 
public online through relevant United States Government 
websites. 
SEC. 3408. ECONOMIC DEFENSE RESPONSE TEAMS. 
(a) PILOT PROGRAM.—Not later than 180 days after 
the date of the enactment of this Act, the President, acting 
through the Secretary of State, shall develop and implement 
a pilot program for the creation of deployable economic de-
fense response teams to help provide emergency technical 
assistance and support to a country subjected to the threat 
or use of coercive economic measures and to play a liaison 
role between the legitimate government of that country and 
the United States Government. Such assistance and support 
may include the following activities:
1114 
† HR 4521 EAS 
(1) Reducing the partner country’s vulnerability 
to coercive economic measures. 
(2) Minimizing the damage that such measures 
by an adversary could cause to that country. 
(3) Implementing any bilateral or multilateral 
contingency plans that may exist for responding to 
the threat or use of such measures. 
(4) In coordination with the partner country, de-
veloping or improving plans and strategies by the 
country for reducing vulnerabilities and improving 
responses to such measures in the future. 
(5) Assisting the partner country in dealing with 
foreign sovereign investment in infrastructure or re-
lated projects that may undermine the partner coun-
try’s sovereignty. 
(6) Assisting the partner country in responding 
to specific efforts from an adversary attempting to 
employ economic coercion that undermines the part-
ner country’s sovereignty, including efforts in the 
cyber domain, such as efforts that undermine cyberse-
curity or digital security of the partner country or 
initiatives that introduce digital technologies in a 
manner that undermines freedom, security, and sov-
ereignty of the partner country.
1115 
† HR 4521 EAS 
(7) Otherwise providing direct and relevant 
short-to-medium term economic or other assistance 
from the United States and marshalling other re-
sources in support of effective responses to such meas-
ures. 
(b) INSTITUTIONAL SUPPORT.—The pilot program re-
quired by subsection (a) should include the following ele-
ments: 
(1) Identification and designation of relevant 
personnel within the United States Government with 
expertise relevant to the objectives specified in sub-
section (a), including personnel in— 
(A) the Department of State, for overseeing 
the economic defense response team’s activities, 
engaging with the partner country government 
and other stakeholders, and other purposes rel-
evant to advancing the success of the mission of 
the economic defense response team; 
(B) the United States Agency for Inter-
national Development, for the purposes of pro-
viding technical, humanitarian, and other assist-
ance, generally; 
(C) the Department of the Treasury, for the 
purposes of providing advisory support and as-
1117 
† HR 4521 EAS 
and guidance on trade and investment matters; 
and 
(I) other Federal departments and agencies 
as determined by the President. 
(2) Negotiation of memoranda of understanding, 
where appropriate, with other United States Govern-
ment components for the provision of any relevant 
participating or detailed non-Department of State 
personnel identified under paragraph (1). 
(3) Negotiation of contracts, as appropriate, 
with private sector representatives or other individ-
uals with relevant expertise to advance the objectives 
specified in subsection (a). 
(4) Development within the United States Gov-
ernment of— 
(A) appropriate training curricula for rel-
evant experts identified under paragraph (1) 
and for United States diplomatic personnel in a 
country actually or potentially threatened by co-
ercive economic measures; 
(B) operational procedures and appropriate 
protocols for the rapid assembly of such experts 
into one or more teams for deployment to a 
country actually or potentially threatened by co-
ercive economic measures; and
1118 
† HR 4521 EAS 
(C) procedures for ensuring appropriate 
support for such teams when serving in a coun-
try actually or potentially threatened by coercive 
economic measures, including, as applicable, 
logistical assistance, office space, information 
support, and communications. 
(5) Negotiation with relevant potential host 
countries of procedures and methods for ensuring the 
rapid and effective deployment of such teams, and the 
establishment of appropriate liaison relationships 
with local public and private sector officials and enti-
ties. 
(c) REPORTS REQUIRED .— 
(1) REPORT ON ESTABLISHMENT.—Upon estab-
lishment of the pilot program required by subsection 
(a), the Secretary of State shall provide the appro-
priate committees of Congress with a detailed report 
and briefing describing the pilot program, the major 
elements of the program, the personnel and institu-
tions involved, and the degree to which the program 
incorporates the elements described in subsection (a). 
(2) FOLLOW-UP
REPORT.—Not later than one 
year after the report required by paragraph (1), the 
Secretary of State shall provide the appropriate com-
mittees of Congress with a detailed report and brief-
1119 
† HR 4521 EAS 
ing describing the operations over the previous year 
of the pilot program established pursuant to sub-
section (a), as well as the Secretary’s assessment of its 
performance and suitability for becoming a perma-
nent program. 
(3) FORM.—Each report required under this sub-
section shall be submitted in unclassified form, but 
may include a classified annex. 
(d) DECLARATION
OF
AN ECONOMIC CRISIS RE-
QUIRED.— 
(1) NOTIFICATION.—The President may activate 
an economic defense response team for a period of 180 
days under the authorities of this section to assist a 
partner country in responding to an unusual and ex-
traordinary economic coercive threat by an adversary 
of the United States upon the declaration of a coer-
cive economic emergency, together with notification to 
the Committee on Foreign Relations of the Senate and 
the Committee on Foreign Affairs of the House of 
Representatives. 
(2) EXTENSION AUTHORITY.—The President may 
activate the response team for an additional 180 days 
upon the submission of a detailed analysis to the com-
mittees described in paragraph (1) justifying why the 
continued deployment of the economic defense re-
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† HR 4521 EAS 
sponse team in response to the economic emergency is 
in the national security interest of the United States. 
(e) SUNSET.—The authorities provided under this sec-
tion shall expire on December 31, 2026. 
(f) RULE OF CONSTRUCTION.—Neither the authority 
to declare an economic crisis provided for in subsection (d), 
nor the declaration of an economic crisis pursuant to sub-
section (d), shall confer or be construed to confer any au-
thority, power, duty, or responsibility to the President other 
than the authority to activate an economic defense response 
team as described in this section. 
(g) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees 
of Congress’’ means— 
(1) the Committee on Foreign Relations, the 
Committee on Banking, Housing, and Urban Affairs, 
the Committee on Commerce, Science, and Transpor-
tation, the Committee on Energy and Natural Re-
sources, the Committee on Agriculture, Nutrition, and 
Forestry, and the Committee on Finance of the Sen-
ate; and 
(2) the Committee on Foreign Affairs, the Com-
mittee on Financial Services, the Committee on En-
ergy and Commerce, the Committee on Agriculture,
1121 
† HR 4521 EAS 
and the Committee on Ways and Means of the House 
of Representatives. 
TITLE V—ENSURING STRATEGIC 
SECURITY 
SEC. 3501. FINDINGS ON STRATEGIC SECURITY AND ARMS 
CONTROL. 
Congress makes the following findings: 
(1) The United States and the PRC have both 
made commitments to advancing strategic security 
through enforceable arms control and non-prolifera-
tion agreements as states parties to the Treaty on the 
Non-Proliferation of Nuclear Weapons, done at Wash-
ington, London, and Moscow July 1, 1968. 
(2) The United States has long taken tangible 
steps to seek effective, verifiable, and enforceable arms 
control and non-proliferation agreements that support 
United States and allied security by— 
(A) controlling the spread of nuclear mate-
rials and technology; 
(B) placing limits on the production, stock-
piling, and deployment of nuclear weapons; 
(C) decreasing misperception and mis-
calculation; and 
(D) avoiding destabilizing nuclear arms 
competition.
1122 
† HR 4521 EAS 
(3) In May 2019, Director of the Defense Intel-
ligence Agency Lieutenant General Robert Ashley 
stated, ‘‘China is likely to at least double the size of 
its nuclear stockpile in the course of implementing the 
most rapid expansion and diversification of its nu-
clear arsenal in China’s history.’’. The PLA is build-
ing a full triad of modernized fixed and mobile 
ground-based launchers and new capabilities for nu-
clear-armed bombers and submarine-launched bal-
listic missiles. 
(4) In June 2020, the Department of State 
raised concerns in its annual ‘‘Adherence to and 
Compliance with Arms Control, Nonproliferation, and 
Disarmament Agreements and Commitments’’ report 
to Congress that the PRC is not complying with the 
‘‘zero-yield’’ nuclear testing ban and accused the PRC 
of ‘‘blocking the flow of data from the monitoring sta-
tions’’ in China. 
(5) The Department of Defense 2020 Report on 
Military and Security Developments Involving the 
People’s Republic of China states that the PRC ‘‘in-
tends to increase peacetime readiness of its nuclear 
forces by moving to a launch on warning posture 
with an expanded silo-based force’’.
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† HR 4521 EAS 
(6) The Department of Defense report also states 
that, over the next decade, the PRC’s nuclear stock-
pile—currently estimated in the low 200s—is pro-
jected to least double in size as the PRC expands and 
modernizes its nuclear force. 
(7) The PRC is conducting research on its first 
potential early warning radar, with technical co-
operation from Russia. This radar could indicate that 
the PRC is moving to a launch-on warning posture. 
(8) The PRC plans to use its increasingly capa-
ble space, cyber, and electronic warfare capabilities 
against United States early warning systems and 
critical infrastructure in a crisis scenario. This poses 
great risk to strategic security, as it could lead to in-
advertent escalation. 
(9) The PRC’s nuclear expansion comes as a 
part of a massive modernization of the PLA which, 
combined with the PLA’s aggressive actions, has in-
creasingly destabilized the Indo-Pacific region. 
(10) The PLA Rocket Force (PLARF), which 
was elevated in 2015 to become a separate branch 
within the PLA, has formed 11 new missile brigades 
since May 2017, some of which are capable of both 
conventional and nuclear strikes. Unlike the United 
States, which separates its conventional strike and
1124 
† HR 4521 EAS 
nuclear capabilities, the PLARF appears to not only 
co-locate conventional and nuclear forces, including 
dual-use missiles like the DF–26, but to task the same 
unit with both nuclear and conventional missions. 
Such intermingling could lead to inadvertent esca-
lation in a crisis. The United States Defense Intel-
ligence Agency determined in March 2020 that the 
PLA tested more ballistic missiles than the rest of the 
world combined in 2019. 
(11) A January 2021 report from the Institute 
for Defense Analysis found that many United States 
and international observers viewed China’s no first- 
use policy with skepticism, especially in the wake of 
the expansion and modernization of its nuclear capa-
bilities. 
(12) The long-planned United States nuclear 
modernization program will not increase the United 
States nuclear weapons stockpile, predates China’s 
conventional military and nuclear expansion, and is 
not an arms race against China. 
(13) The United States extended nuclear deter-
rence— 
(A) provides critical strategic security 
around the world;
1125 
† HR 4521 EAS 
(B) is an essential element of United States 
military alliances; and 
(C) serves a vital non-proliferation func-
tion. 
(14) As a signatory to the Treaty on the Non- 
Proliferation of Nuclear Weapons, done at Wash-
ington, London, and Moscow July 1, 1968, the PRC 
is obligated under Article Six of the treaty to pursue 
arms control negotiations in good faith. 
(15) The United States has, on numerous occa-
sions, called on the PRC to participate in strategic 
arms control negotiations, but the PRC has thus far 
declined. 
(16) The Governments of Japan, the United 
Kingdom, Poland, Slovenia, Denmark, Norway, Lat-
via, Lithuania, Estonia, the Netherlands, Romania, 
Austria, Montenegro, Ukraine, Slovakia, Spain, 
North Macedonia, Sweden, the Czech Republic, Cro-
atia, and Albania, as well as the Deputy Secretary 
General of the North Atlantic Treaty Organization, 
have all encouraged the PRC to join arms control dis-
cussions.
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† HR 4521 EAS 
SEC. 3502. COOPERATION ON A STRATEGIC NUCLEAR DIA-
LOGUE. 
(a) STATEMENT OF POLICY.—It is the policy of the 
United States— 
(1) to pursue, in coordination with United 
States allies, arms control negotiations and sustained 
and regular engagement with the PRC— 
(A) to enhance understanding of each oth-
er’s respective nuclear policies, doctrine, and ca-
pabilities; 
(B) to improve transparency; and 
(C) to help manage the risks of miscalcula-
tion and misperception; 
(2) to formulate a strategy to engage the Govern-
ment of the People’s Republic of China on relevant bi-
lateral issues that lays the groundwork for bringing 
the People’s Republic of China into an arms control 
framework, including— 
(A) fostering bilateral dialogue on arms 
control leading to the convening of bilateral stra-
tegic security talks; 
(B) negotiating norms for outer space; 
(C) developing pre-launch notification re-
gimes aimed at reducing nuclear miscalculation; 
and
1127 
† HR 4521 EAS 
(D) expanding lines of communication be-
tween both governments for the purposes of re-
ducing the risks of conventional war and in-
creasing transparency; 
(3) to pursue relevant capabilities in coordina-
tion with our allies and partners to ensure the secu-
rity of United States and allied interests in the face 
of the PRC’s military modernization and expansion, 
including— 
(A) ground-launched cruise and ballistic 
missiles; 
(B) integrated air and missile defense; 
(C) hypersonic missiles; 
(D) intelligence, surveillance, and recon-
naissance; 
(E) space-based capabilities; 
(F) cyber capabilities; and 
(G) command, control, and communica-
tions; 
(4) to maintain sufficient force structure, pos-
ture, and capabilities to provide extended nuclear de-
terrence to United States allies and partners; 
(5) to maintain appropriate missile defense ca-
pabilities to protect against threats to the United 
States homeland and our forces across the theater
1128 
† HR 4521 EAS 
from rogue intercontinental ballistic missiles from the 
Indo-Pacific region; and 
(6) to ensure that the United States declaratory 
policy reflects the requirements of extended deterrence, 
to both assure allies and to preserve its non-prolifera-
tion benefits. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) in the midst of growing competition between 
the United States and the PRC, it is in the interest 
of both nations to cooperate in reducing risks of con-
ventional and nuclear escalation; 
(2) a physical, cyber, electronic, or any other 
PLA attack on United States early warning satellites, 
other portions of the nuclear command and control 
enterprise, or critical infrastructure poses a high risk 
to inadvertent but rapid escalation; 
(3) the United States and its allies should pro-
mote international norms on military operations in 
space, the employment of cyber capabilities, and the 
military use of artificial intelligence, as an element 
of risk reduction regarding nuclear command and 
control; and 
(4) United States allies and partners should 
share the burden of promoting and protecting such
1129 
† HR 4521 EAS 
norms by voting against the PRC’s proposals regard-
ing the weaponization of space, highlighting unsafe 
behavior by the PRC that violates international 
norms, such as in rendezvous and proximity oper-
ations, and promoting responsible behavior in space 
and all other domains. 
SEC. 3503. REPORT ON UNITED STATES EFFORTS TO EN-
GAGE THE PEOPLE’S REPUBLIC OF CHINA ON 
NUCLEAR ISSUES AND BALLISTIC MISSILE 
ISSUES. 
(a) REPORT ON THE FUTURE OF UNITED STATES- 
CHINA ARMS CONTROL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of State, 
in coordination with the Secretary of Defense and the Sec-
retary of Energy, shall submit to the appropriate commit-
tees of Congress a report, and if necessary a separate classi-
fied annex, that examines the approaches and strategic ef-
fects of engaging the Government of the People’s Republic 
of China on arms control and risk reduction, including— 
(1) areas of potential dialogue between the Gov-
ernments of the United States and the People’s Re-
public of China, including on ballistic, hypersonic 
glide, and cruise missiles, conventional forces, nu-
clear, space, and cyberspace issues, as well as other 
new strategic domains, which could reduce the likeli-
1130 
† HR 4521 EAS 
hood of war, limit escalation if a conflict were to 
occur, and constrain a destabilizing arms race in the 
Indo-Pacific; 
(2) how the United States Government can 
incentivize the Government of the People’s Republic of 
China to engage in a constructive arms control dia-
logue; 
(3) identifying strategic military capabilities of 
the People’s Republic of China that the United States 
Government is most concerned about and how lim-
iting these capabilities may benefit United States and 
allied security interests; 
(4) mechanisms to avoid, manage, or control nu-
clear, conventional, and unconventional military es-
calation between the United States and the People’s 
Republic of China; 
(5) the personnel and expertise required to effec-
tively engage the People’s Republic of China in stra-
tegic stability and arms control dialogues; and 
(6) opportunities and methods to encourage 
transparency from the People’s Republic of China. 
(b) REPORT ON ARMS CONTROL TALKS WITH THE 
RUSSIAN FEDERATION AND THE PEOPLE’S REPUBLIC OF 
CHINA.—Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of State, in consultation
1131 
† HR 4521 EAS 
with the Secretary of Defense and the Secretary of Energy, 
shall submit to the appropriate committees of Congress a 
report that describes— 
(1) a concrete plan for arms control talks that 
includes both the People’s Republic of China and the 
Russian Federation; 
(2) if a trilateral arms control dialogue does not 
arise, what alternative plans the Department of State 
envisages for ensuring the security of the United 
States and its allies security from Russian and Chi-
nese nuclear weapons; 
(3) effects on the credibility of United States ex-
tended deterrence assurances to allies and partners if 
the United States is faced with two nuclear-armed 
peer competitors and any likely corresponding impli-
cations for regional security architectures; 
(4) efforts at engaging the People’s Republic of 
China to join arms control talks, whether on a bilat-
eral or multilateral basis; and 
(5) the interest level of the Government of the 
People’s Republic of China in joining arms control 
talks, whether on a bilateral or multilateral basis. 
(c) APPROPRIATE COMMITTEES
OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees 
of Congress’’ means—
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† HR 4521 EAS 
(1) the Committee on Foreign Relations, the 
Committee on Armed Services, and the Committee on 
Energy and Natural Resources of the Senate; and 
(2) the Committee on Foreign Affairs, the Com-
mittee on Armed Services, and the Committee on En-
ergy and Commerce of the House of Representatives. 
SEC. 3504. COUNTERING THE PEOPLE’S REPUBLIC OF CHI-
NA’S PROLIFERATION OF BALLISTIC MIS-
SILES AND NUCLEAR TECHNOLOGY TO THE 
MIDDLE EAST. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The People’s Republic of China became a full 
participant of the Nuclear Suppliers Group in 2004, 
committing it to apply a strong presumption of de-
nial in exporting nuclear-related items that a foreign 
country could divert to a nuclear weapons program. 
(2) The People’s Republic of China also com-
mitted to the United States, in November 2000, to 
abide by the foundational principles of the 1987 Mis-
sile Technology Control Regime (MTCR) to not ‘‘as-
sist, in any way, any country in the development of 
ballistic missiles that can be used to deliver nuclear 
weapons (i.e., missiles capable of delivering a payload 
of at least 500 kilograms to a distance of at least 300 
kilometers)’’.
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† HR 4521 EAS 
(3) The 2020 Department of State Report on the 
Adherence to and Compliance with Arms Control, 
Nonproliferation, and Disarmament Agreements and 
Commitments found that the People’s Republic of 
China ‘‘continued to supply MTCR-controlled goods 
to missile programs of proliferation concern in 2019’’ 
and that the United States imposed sanctions on nine 
Chinese entities for covered missile transfers to Iran. 
(4) A June 5, 2019, press report indicated that 
the People’s Republic of China allegedly provided as-
sistance to Saudi Arabia in the development of a bal-
listic missile facility, which if confirmed, would vio-
late the purpose of the MTCR and run contrary to the 
longstanding United States policy priority to prevent 
weapons of mass destruction proliferation in the Mid-
dle East. 
(5) The Arms Export and Control Act of 1976 
(Public Law 93–329) requires the President to sanc-
tion any foreign person or government who knowingly 
‘‘exports, transfers, or otherwise engages in the trade 
of any MTCR equipment or technology’’ to a country 
that does not adhere to the MTCR. 
(6) The People’s Republic of China concluded 
two nuclear cooperation agreements with Saudi Ara-
bia in 2012 and 2017, respectively, which may facili-
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† HR 4521 EAS 
tate the People’s Republic of China’s bid to build two 
reactors in Saudi Arabia to generate 2.9 Gigawatt- 
electric (GWe) of electricity. 
(7) On August 4, 2020, a press report revealed 
the alleged existence of a previously undisclosed ura-
nium yellowcake extraction facility in Saudi Arabia 
allegedly constructed with the assistance of the Peo-
ple’s Republic of China, which if confirmed, would in-
dicate significant progress by Saudi Arabia in devel-
oping the early stages of the nuclear fuel cycle that 
precede uranium enrichment. 
(8) Saudi Arabia’s outdated Small Quantities 
Protocol and its lack of an in-force Additional Pro-
tocol to its International Atomic Energy Agency 
(IAEA) Comprehensive Safeguards Agreement se-
verely curtails IAEA inspections, which has led the 
Agency to call upon Saudi Arabia to either rescind 
or update its Small Quantities Protocol. 
(b) MTCR TRANSFERS.—Not later than 30 days after 
the date of the enactment of this Act, the President shall 
submit to the appropriate committees of Congress a written 
determination, and any documentation to support that de-
termination detailing— 
(1) whether any foreign person in the People’s 
Republic of China knowingly exported, transferred, or
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† HR 4521 EAS 
engaged in trade of any item designated under Cat-
egory I of the MTCR Annex to any foreign person in 
the previous three fiscal years; and 
(2) the sanctions the President has imposed or 
intends to impose pursuant to section 11B(b) of the 
Export Administration Act of 1979 (50 U.S.C. 
4612(b)) against any foreign person who knowingly 
engaged in the export, transfer, or trade of that item 
or items. 
(c) THE PEOPLE’S REPUBLIC OF CHINA’S NUCLEAR 
FUEL CYCLE COOPERATION.—Not later than 30 days after 
the date of the enactment of this Act, the President shall 
submit to the appropriate committees of Congress a report 
detailing— 
(1) whether any foreign person in the People’s 
Republic of China engaged in cooperation with any 
other foreign person in the previous three fiscal years 
in the construction of any nuclear-related fuel cycle 
facility or activity that has not been notified to the 
IAEA and would be subject to complementary access 
if an Additional Protocol was in force; and 
(2) the policy options required to prevent and re-
spond to any future effort by the People’s Republic of 
China to export to any foreign person an item classi-
fied as ‘‘plants for the separation of isotopes of ura-
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† HR 4521 EAS 
nium’’ or ‘‘plants for the reprocessing of irradiated 
nuclear reactor fuel elements’’ under Part 110 of the 
Nuclear Regulatory Commission export licensing au-
thority. 
(d) FORM OF REPORT.—The determination required 
under subsection (b) and the report required under sub-
section (c) shall be unclassified with a classified annex. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Select Committee on Intelligence of 
the Senate; 
(B) the Committee on Foreign Relations of 
the Senate; 
(C) the Select Committee on Intelligence of 
the House of Representatives; and 
(D) the Committee on Foreign Affairs of the 
House of Representatives. 
(2) FOREIGN PERSON; PERSON.—The terms ‘‘for-
eign person’’ and ‘‘person’’ mean— 
(A) a natural person that is an alien; 
(B) a corporation, business association, 
partnership, society, trust, or any other non-
governmental entity, organization, or group, that 
is organized under the laws of a foreign country
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† HR 4521 EAS 
or has its principal place of business in a foreign 
country; 
(C) any foreign governmental entity oper-
ating as a business enterprise; and 
(D) any successor, subunit, or subsidiary of 
any entity described in subparagraph (B) or (C). 
DIVISION D—HOMELAND SECU-
RITY 
AND 
GOVERNMENTAL 
AFFAIRS COMMITTEE PROVI-
SIONS 
SEC. 4001. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This division may be cited as the 
‘‘Securing America’s Future Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this division is as follows: 
DIVISION D—HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 
COMMITTEE PROVISIONS 
Sec. 4001. Short title; table of contents. 
TITLE I—ENSURING DOMESTIC MANUFACTURING CAPABILITIES 
Subtitle A—Build America, Buy America 
Sec. 4101. Short title. 
PART I—BUY AMERICA SOURCING REQUIREMENTS 
Sec. 4111. Findings. 
Sec. 4112. Definitions. 
Sec. 4113. Identification of deficient programs. 
Sec. 4114. Application of Buy America preference. 
Sec. 4115. OMB guidance and standards. 
Sec. 4116. Technical assistance partnership and consultation supporting Depart-
ment of Transportation Buy America requirements. 
Sec. 4117. Application.
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† HR 4521 EAS 
PART II—MAKE IT IN AMERICA 
Sec. 4121. Regulations relating to Buy American Act. 
Sec. 4122. Amendments relating to Buy American Act. 
Sec. 4123. Made in America Office. 
Sec. 4124. Hollings Manufacturing Extension Partnership activities. 
Sec. 4125. United States obligations under international agreements. 
Sec. 4126. Definitions. 
Sec. 4127. Prospective amendments to internal cross-references. 
Subtitle B—BuyAmerican.gov 
Sec. 4131. Short title. 
Sec. 4132. Definitions. 
Sec. 4133. Sense of Congress on buying American. 
Sec. 4134. Assessment of impact of free trade agreements. 
Sec. 4135. Judicious use of waivers. 
Sec. 4136. Establishment of BuyAmerican.gov website. 
Sec. 4137. Waiver Transparency and Streamlining for contracts. 
Sec. 4138. Comptroller General report. 
Sec. 4139. Rules of construction. 
Sec. 4140. Consistency with international agreements. 
Sec. 4141. Prospective amendments to internal cross-references. 
Subtitle C—Make PPE in America 
Sec. 4151. Short title. 
Sec. 4152. Findings. 
Sec. 4153. Requirement of long-term contracts for domestically manufactured per-
sonal protective equipment. 
TITLE II—CYBER AND ARTIFICIAL INTELLIGENCE 
Subtitle A—Advancing American AI 
Sec. 4201. Short title. 
Sec. 4202. Purpose. 
Sec. 4203. Definitions. 
Sec. 4204. Principles and policies for use of artificial intelligence in Government. 
Sec. 4205. Agency inventories and artificial intelligence use cases. 
Sec. 4206. Rapid pilot, deployment and scale of applied artificial intelligence ca-
pabilities to demonstrate modernization activities related to use 
cases. 
Sec. 4207. Enabling entrepreneurs and agency missions. 
Subtitle B—Cyber Response and Recovery 
Sec. 4251. Short title. 
Sec. 4252. Declaration of a significant incident. 
TITLE III—PERSONNEL 
Subtitle A—Facilitating Federal Employee Reskilling 
Sec. 4301. Short title. 
Sec. 4302. Reskilling Federal employees.
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† HR 4521 EAS 
Subtitle B—Federal Rotational Cyber Workforce Program 
Sec. 4351. Short title. 
Sec. 4352. Definitions. 
Sec. 4353. Rotational cyber workforce positions. 
Sec. 4354. Rotational cyber workforce program. 
Sec. 4355. Reporting by GAO. 
Sec. 4356. Sunset. 
TITLE IV—OTHER MATTERS 
Subtitle A—Ensuring Security of Unmanned Aircraft Systems 
Sec. 4401. Short title. 
Sec. 4402. Definitions. 
Sec. 4403. Prohibition on procurement of covered unmanned aircraft systems 
from covered foreign entities. 
Sec. 4404. Prohibition on operation of covered unmanned aircraft systems from 
covered foreign entities. 
Sec. 4405. Prohibition on use of Federal funds for purchases and operation of 
covered unmanned aircraft systems from covered foreign entities. 
Sec. 4406. Prohibition on use of Government-issued Purchase Cards to purchase 
covered unmanned aircraft systems from covered foreign entities. 
Sec. 4407. Management of existing inventories of covered unmanned aircraft sys-
tems from covered foreign entities. 
Sec. 4408. Comptroller General report. 
Sec. 4409. Government-wide policy for procurement of unmanned aircraft sys-
tems. 
Sec. 4410. Study. 
Sec. 4411. Sunset. 
Subtitle B—No TikTok on Government Devices 
Sec. 4431. Short title. 
Sec. 4432. Prohibition on the use of TikTok. 
Subtitle C—National Risk Management 
Sec. 4461. Short title. 
Sec. 4462. National risk management cycle. 
Subtitle D—Safeguarding American Innovation 
Sec. 4491. Short title. 
Sec. 4492. Definitions. 
Sec. 4493. Federal Research Security Council. 
Sec. 4494. Federal grant application fraud. 
Sec. 4495. Restricting the acquisition of emerging technologies by certain aliens. 
Sec. 4496. Machine readable visa documents. 
Sec. 4497. Certifications regarding access to export controlled technology in edu-
cational and cultural exchange programs. 
Sec. 4498. Privacy and confidentiality.
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† HR 4521 EAS 
TITLE I—ENSURING DOMESTIC 
MANUFACTURING CAPABILITIES 
Subtitle A—Build America, Buy 
America 
SEC. 4101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Build America, Buy 
America Act’’. 
PART I—BUY AMERICA SOURCING 
REQUIREMENTS 
SEC. 4111. FINDINGS. 
Congress finds that— 
(1) the United States must make significant in-
vestments to install, upgrade, or replace the public 
works infrastructure of the United States; 
(2) with respect to investments in the infrastruc-
ture of the United States, taxpayers expect that their 
public works infrastructure will be produced in the 
United States by American workers; 
(3) United States taxpayer dollars invested in 
public infrastructure should not be used to reward 
companies that have moved their operations, invest-
ment dollars, and jobs to foreign countries or foreign 
factories, particularly those that do not share or open-
ly flout the commitments of the United States to envi-
ronmental, worker, and workplace safety protections;
1141 
† HR 4521 EAS 
(4) in procuring materials for public works 
projects, entities using taxpayer-financed Federal as-
sistance should give a commonsense procurement pref-
erence for the materials and products produced by 
companies and workers in the United States in ac-
cordance with the high ideals embodied in the envi-
ronmental, worker, workplace safety, and other regu-
latory requirements of the United States; 
(5) common construction materials used in pub-
lic works infrastructure projects, including steel, iron, 
manufactured products, non-ferrous metals, plastic 
and 
polymer-based 
products 
(including 
polyvinylchloride, composite building materials, and 
polymers used in fiber optic cables), concrete and 
other aggregates, glass (including optic glass), lumber, 
and drywall are not adequately covered by a domestic 
content procurement preference, thus limiting the im-
pact of taxpayer purchases to enhance supply chains 
in the United States; 
(6) the benefits of domestic content procurement 
preferences extend beyond economics; 
(7) by incentivizing domestic manufacturing, do-
mestic content procurement preferences reinvest tax 
dollars in companies and processes using the highest 
labor and environmental standards in the world;
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† HR 4521 EAS 
(8) strong domestic content procurement pref-
erence policies act to prevent shifts in production to 
countries that rely on production practices that are 
significantly less energy efficient and far more pol-
luting than those in the United States; 
(9) for over 75 years, Buy America and other do-
mestic content procurement preference laws have been 
part of the United States procurement policy, ensur-
ing that the United States can build and rebuild the 
infrastructure of the United States with high-quality 
American-made materials; 
(10) before the date of enactment of this Act, a 
domestic content procurement preference requirement 
may not apply, may apply only to a narrow scope 
of products and materials, or may be limited by 
waiver with respect to many infrastructure programs, 
which necessitates a review of such programs, includ-
ing programs for roads, highways, and bridges, public 
transportation, dams, ports, harbors, and other mari-
time facilities, intercity passenger and freight rail-
roads, freight and intermodal facilities, airports, 
water systems, including drinking water and waste-
water systems, electrical transmission facilities and 
systems, utilities, broadband infrastructure, and 
buildings and real property;
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† HR 4521 EAS 
(11) Buy America laws create demand for do-
mestically produced goods, helping to sustain and 
grow domestic manufacturing and the millions of jobs 
domestic manufacturing supports throughout product 
supply chains; 
(12) as of the date of enactment of this Act, do-
mestic content procurement preference policies apply 
to all Federal Government procurement and to var-
ious Federal-aid infrastructure programs; 
(13) a robust domestic manufacturing sector is a 
vital component of the national security of the United 
States; 
(14) as more manufacturing operations of the 
United States have moved offshore, the strength and 
readiness of the defense industrial base of the United 
States has been diminished; and 
(15) domestic content procurement preference 
laws— 
(A) are fully consistent with the inter-
national obligations of the United States; and 
(B) together with the government procure-
ments to which the laws apply, are important le-
vers for ensuring that United States manufactur-
ers can access the government procurement mar-
kets of the trading partners of the United States.
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† HR 4521 EAS 
SEC. 4112. DEFINITIONS. 
In this part: 
(1) DEFICIENT PROGRAM.—The term ‘‘deficient 
program’’ means a program identified by the head of 
a Federal agency under section 4113(c). 
(2) DOMESTIC
CONTENT
PROCUREMENT
PREF-
ERENCE.—The term ‘‘domestic content procurement 
preference’’ means a requirement that no amounts 
made available through a program for Federal finan-
cial assistance may be obligated for a project unless— 
(A) all iron and steel used in the project are 
produced in the United States; 
(B) the manufactured products used in the 
project are produced in the United States; or 
(C) the construction materials used in the 
project are produced in the United States. 
(3) FEDERAL AGENCY.—The term ‘‘Federal agen-
cy’’ means any authority of the United States that is 
an ‘‘agency’’ (as defined in section 3502 of title 44, 
United States Code), other than an independent regu-
latory agency (as defined in that section). 
(4) FEDERAL FINANCIAL ASSISTANCE.— 
(A) IN GENERAL.—The term ‘‘Federal fi-
nancial assistance’’ has the meaning given the 
term in section 200.1 of title 2, Code of Federal 
Regulations (or successor regulations).
1145 
† HR 4521 EAS 
(B) INCLUSION.—The term ‘‘Federal finan-
cial assistance’’ includes all expenditures by a 
Federal agency to a non-Federal entity for an 
infrastructure project, except that it does not in-
clude expenditures for assistance authorized 
under section 402, 403, 404, 406, 408, or 502 of 
the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170a, 5170b, 
5170c, 5172, 5174, or 5192) relating to a major 
disaster or emergency declared by the President 
under section 401 or 501, respectively, of such 
Act (42 U.S.C. 5170, 5191) or pre and post dis-
aster or emergency response expenditures. 
(5) INFRASTRUCTURE.—The term ‘‘infrastruc-
ture’’ includes, at a minimum, the structures, facili-
ties, and equipment for, in the United States— 
(A) roads, highways, and bridges; 
(B) public transportation; 
(C) dams, ports, harbors, and other mari-
time facilities; 
(D) intercity passenger and freight rail-
roads; 
(E) freight and intermodal facilities; 
(F) airports;
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† HR 4521 EAS 
(G) water systems, including drinking 
water and wastewater systems; 
(H) electrical transmission facilities and 
systems; 
(I) utilities; 
(J) broadband infrastructure; and 
(K) buildings and real property. 
(6) PRODUCED IN THE UNITED STATES.—The 
term ‘‘produced in the United States’’ means— 
(A) in the case of iron or steel products, 
that all manufacturing processes, from the ini-
tial melting stage through the application of 
coatings, occurred in the United States; 
(B) in the case of manufactured products, 
that— 
(i) the manufactured product was 
manufactured in the United States; and 
(ii) the cost of the components of the 
manufactured product that are mined, pro-
duced, or manufactured in the United 
States is greater than 55 percent of the total 
cost of all components of the manufactured 
product, unless another standard for deter-
mining the minimum amount of domestic 
content of the manufactured product has
1147 
† HR 4521 EAS 
been established under applicable law or 
regulation; and 
(C) in the case of construction materials, 
that all manufacturing processes for the con-
struction material occurred in the United States. 
(7) PROJECT.—The term ‘‘project’’ means the 
construction, alteration, maintenance, or repair of in-
frastructure in the United States. 
SEC. 4113. IDENTIFICATION OF DEFICIENT PROGRAMS. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the head of each Federal agen-
cy shall— 
(1) submit to the Office of Management and 
Budget and to Congress, including a separate notice 
to each appropriate congressional committee, a report 
that identifies each Federal financial assistance pro-
gram for infrastructure administered by the Federal 
agency; and 
(2) publish in the Federal Register the report 
under paragraph (1). 
(b) REQUIREMENTS.—In the report under subsection 
(a), the head of each Federal agency shall, for each Federal 
financial assistance program—
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† HR 4521 EAS 
(1) identify all domestic content procurement 
preferences applicable to the Federal financial assist-
ance; 
(2) assess the applicability of the domestic con-
tent procurement preference requirements, includ-
ing— 
(A) section 313 of title 23, United States 
Code; 
(B) section 5323(j) of title 49, United States 
Code; 
(C) section 22905(a) of title 49, United 
States Code; 
(D) section 50101 of title 49, United States 
Code; 
(E) section 603 of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1388); 
(F) section 1452(a)(4) of the Safe Drinking 
Water Act (42 U.S.C. 300j–12(a)(4)); 
(G) section 5035 of the Water Infrastructure 
Finance and Innovation Act of 2014 (33 U.S.C. 
3914); 
(H) any domestic content procurement pref-
erence included in an appropriations Act; and
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† HR 4521 EAS 
(I) any other domestic content procurement 
preference in Federal law (including regula-
tions); 
(3) provide details on any applicable domestic 
content procurement preference requirement, includ-
ing the purpose, scope, applicability, and any excep-
tions and waivers issued under the requirement; and 
(4) include a description of the type of infra-
structure projects that receive funding under the pro-
gram, including information relating to— 
(A) the number of entities that are partici-
pating in the program; 
(B) the amount of Federal funds that are 
made available for the program for each fiscal 
year; and 
(C) any other information the head of the 
Federal agency determines to be relevant. 
(c) LIST OF DEFICIENT PROGRAMS.—In the report 
under subsection (a), the head of each Federal agency shall 
include a list of Federal financial assistance programs for 
infrastructure identified under that subsection for which a 
domestic content procurement preference requirement— 
(1) does not apply in a manner consistent with 
section 4114; or
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† HR 4521 EAS 
(2) is subject to a waiver of general applicability 
not limited to the use of specific products for use in 
a specific project. 
SEC. 4114. APPLICATION OF BUY AMERICA PREFERENCE. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the head of each Federal agen-
cy shall ensure that none of the funds made available for 
a Federal financial assistance program for infrastructure, 
including each deficient program, may be obligated for a 
project unless all of the iron, steel, manufactured products, 
and construction materials used in the project are produced 
in the United States. 
(b) WAIVER.—The head of a Federal agency that ap-
plies a domestic content procurement preference under this 
section may waive the application of that preference in any 
case in which the head of the Federal agency finds that— 
(1) applying the domestic content procurement 
preference would be inconsistent with the public inter-
est; 
(2) types of iron, steel, manufactured products, 
or construction materials are not produced in the 
United States in sufficient and reasonably available 
quantities or of a satisfactory quality; or 
(3) the inclusion of iron, steel, manufactured 
products, or construction materials produced in the
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† HR 4521 EAS 
United States will increase the cost of the overall 
project by more than 25 percent. 
(c) WRITTEN JUSTIFICATION.—Before issuing a waiv-
er under subsection (b), the head of the Federal agency 
shall— 
(1) make publicly available in an easily acces-
sible location on a website designated by the Office of 
Management and Budget and on the website of the 
Federal agency a detailed written explanation for the 
proposed determination to issue the waiver; and 
(2) provide a period of not less than 15 days for 
public comment on the proposed waiver. 
(d) AUTOMATIC SUNSET ON WAIVERS OF GENERAL 
APPLICABILITY.— 
(1) IN GENERAL.—A general applicability waiv-
er issued under subsection (b) shall expire not later 
than 2 years after the date on which the waiver is 
issued. 
(2) REISSUANCE.—The head of a Federal agency 
may reissue a general applicability waiver only 
after— 
(A) publishing in the Federal Register a no-
tice that— 
(i) describes the justification for reissu-
ing a general applicability waiver; and
1152 
† HR 4521 EAS 
(ii) requests public comments for a pe-
riod of not less than 30 days; and 
(B) publishing in the Federal Register a 
second notice that— 
(i) responds to the public comments re-
ceived in response to the first notice; and 
(ii) provides the final decision on 
whether the general applicability waiver 
will be reissued. 
(e) CONSISTENCY
WITH
INTERNATIONAL
AGREE-
MENTS.—This section shall be applied in a manner con-
sistent with United States obligations under international 
agreements. 
SEC. 4115. OMB GUIDANCE AND STANDARDS. 
(a) GUIDANCE.—The Director of the Office of Manage-
ment and Budget shall— 
(1) issue guidance to the head of each Federal 
agency— 
(A) to assist in identifying deficient pro-
grams under section 4113(c); and 
(B) to assist in applying new domestic con-
tent procurement preferences under section 4114; 
and 
(2) if necessary, amend subtitle A of title 2, Code 
of Federal Regulations (or successor regulations), to
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† HR 4521 EAS 
ensure that domestic content procurement preference 
requirements required by this part or other Federal 
law are imposed through the terms and conditions of 
awards of Federal financial assistance. 
(b) STANDARDS FOR CONSTRUCTION MATERIALS.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Director of the 
Office of Management and Budget shall issue stand-
ards that define the term ‘‘all manufacturing proc-
esses’’ in the case of construction materials. 
(2) CONSIDERATIONS.—In issuing standards 
under paragraph (1), the Director shall— 
(A) ensure that the standards require that 
each manufacturing process required for the 
manufacture of the construction material and the 
inputs of the construction material occurs in the 
United States; and 
(B) take into consideration and seek to 
maximize the direct and indirect jobs benefited 
or created in the production of the construction 
material.
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† HR 4521 EAS 
SEC. 4116. TECHNICAL ASSISTANCE PARTNERSHIP AND 
CONSULTATION SUPPORTING DEPARTMENT 
OF 
TRANSPORTATION 
BUY 
AMERICA 
RE-
QUIREMENTS. 
(a) DEFINITIONS.—In this section: 
(1) BUY AMERICA LAW.—The term ‘‘Buy Amer-
ica law’’ means— 
(A) section 313 of title 23, United States 
Code; 
(B) section 5323(j) of title 49, United States 
Code; 
(C) section 22905(a) of title 49, United 
States Code; 
(D) section 50101 of title 49, United States 
Code; and 
(E) any other domestic content procurement 
preference for an infrastructure project under the 
jurisdiction of the Secretary. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(b) TECHNICAL ASSISTANCE PARTNERSHIP.—Not later 
than 90 days after the date of the enactment of this Act, 
the Secretary shall enter into a technical assistance part-
nership with the Secretary of Commerce, acting through the 
Director of the National Institute of Standards and Tech-
nology—
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† HR 4521 EAS 
(1) to ensure the development of a domestic sup-
ply base to support intermodal transportation in the 
United States, such as intercity high speed rail trans-
portation, public transportation systems, highway 
construction or reconstruction, airport improvement 
projects, and other infrastructure projects under the 
jurisdiction of the Secretary; 
(2) to ensure compliance with Buy America laws 
that apply to a project that receives assistance from 
the Federal Highway Administration, the Federal 
Transit Administration, the Federal Railroad Ad-
ministration, the Federal Aviation Administration, or 
another office or modal administration of the Sec-
retary of Transportation; 
(3) to encourage technologies developed with the 
support of and resources from the Secretary to be 
transitioned into commercial market and applica-
tions; and 
(4) to establish procedures for consultation under 
subsection (c). 
(c) CONSULTATION.—Before granting a written waiver 
under a Buy America law, the Secretary shall consult with 
the Director of the Hollings Manufacturing Extension Part-
nership regarding whether there is a domestic entity that
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† HR 4521 EAS 
could provide the iron, steel, manufactured product, or con-
struction material that is the subject of the proposed waiver. 
(d) ANNUAL REPORT.—Not later than 1 year after the 
date of enactment of this Act, and annually thereafter, the 
Secretary shall submit to the Committee on Commerce, 
Science, and Transportation, the Committee on Banking, 
Housing, and Urban Affairs, the Committee on Environ-
ment and Public Works, and the Committee on Homeland 
Security and Governmental Affairs of the Senate and the 
Committee on Transportation and Infrastructure and the 
Committee on Oversight and Reform of the House of Rep-
resentatives a report that includes— 
(1) a detailed description of the consultation pro-
cedures developed under subsection (b)(4); 
(2) a detailed description of each waiver re-
quested under a Buy America law in the preceding 
year that was subject to consultation under subsection 
(c), and the results of the consultation; 
(3) a detailed description of each waiver granted 
under a Buy America law in the preceding year, in-
cluding the type of waiver and the reasoning for 
granting the waiver; and 
(4) an update on challenges and gaps in the do-
mestic supply base identified in carrying out sub-
section (b)(1), including a list of actions and policy
1157 
† HR 4521 EAS 
changes the Secretary recommends be taken to address 
those challenges and gaps. 
SEC. 4117. APPLICATION. 
(a) IN GENERAL.—This part shall apply to a Federal 
financial assistance program for infrastructure only to the 
extent that a domestic content procurement preference as 
described in section 4114 does not already apply to iron, 
steel, manufactured products, and construction materials. 
(b) SAVINGS PROVISION.—Nothing in this part affects 
a domestic content procurement preference for a Federal fi-
nancial assistance program for infrastructure that is in ef-
fect and that meets the requirements of section 4114. 
PART II—MAKE IT IN AMERICA 
SEC. 4121. REGULATIONS RELATING TO BUY AMERICAN 
ACT. 
(a) IN GENERAL.—Not later than 1 year after the date 
of the enactment of this Act, the Director of the Office of 
Management and Budget (‘‘Director’’), acting through the 
Administrator for Federal Procurement Policy and, in con-
sultation with the Federal Acquisition Regulatory Council, 
shall promulgate final regulations or other policy or man-
agement guidance, as appropriate, to standardize and sim-
plify how Federal agencies comply with, report on, and en-
force the Buy American Act. The regulations or other policy
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† HR 4521 EAS 
or management guidance shall include, at a minimum, the 
following: 
(1) Guidelines for Federal agencies to determine, 
for the purposes of applying sections 8302(a) and 
8303(b)(3) of title 41, United States Code, the cir-
cumstances under which the acquisition of articles, 
materials, or supplies mined, produced, or manufac-
tured in the United States is inconsistent with the 
public interest. 
(2) Guidelines to ensure Federal agencies base 
determinations of non-availability on appropriate 
considerations, including anticipated project delays 
and lack of substitutable articles, materials, and sup-
plies mined, produced, or manufactured in the United 
States, when making determinations of non-avail-
ability under section 8302(a)(1) of title 41, United 
States Code. 
(3)(A) Uniform procedures for each Federal 
agency to make publicly available, in an easily iden-
tifiable location on the website of the agency, and 
within the following time periods, the following infor-
mation: 
(i) A written description of the cir-
cumstances in which the head of the agency may 
waive the requirements of the Buy American Act.
1159 
† HR 4521 EAS 
(ii) Each waiver made by the head of the 
agency within 30 days after making such waiv-
er, including a justification with sufficient detail 
to explain the basis for the waiver. 
(B) The procedures established under this para-
graph shall ensure that the head of an agency, in con-
sultation with the head of the Made in America Office 
established under section 4123(a), may limit the pub-
lication of classified information, trade secrets, or 
other information that could damage the United 
States. 
(4) Guidelines for Federal agencies to ensure that 
a project is not disaggregated for purposes of avoiding 
the applicability of the requirements under the Buy 
American Act. 
(5) An increase to the price preferences for do-
mestic end products and domestic construction mate-
rials. 
(6) Amending the definitions of ‘‘domestic end 
product’’ and ‘‘domestic construction material’’ to en-
sure that iron and steel products are, to the greatest 
extent possible, made with domestic components. 
(b) GUIDELINES RELATING TO WAIVERS.— 
(1) INCONSISTENCY WITH PUBLIC INTEREST.—
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† HR 4521 EAS 
(A) IN
GENERAL.—With respect to the 
guidelines developed under subsection (a)(1), the 
Administrator shall seek to minimize waivers re-
lated to contract awards that— 
(i) result in a decrease in employment 
in the United States, including employment 
among entities that manufacture the arti-
cles, materials, or supplies; or 
(ii) result in awarding a contract that 
would decrease domestic employment. 
(B) COVERED EMPLOYMENT.—For purposes 
of subparagraph (A), employment refers to posi-
tions directly involved in the manufacture of ar-
ticles, materials, or supplies, and does not in-
clude positions related to management, research 
and development, or engineering and design. 
(2) ASSESSMENT ON USE OF DUMPED OR SUB-
SIDIZED FOREIGN PRODUCTS.— 
(A) IN GENERAL.—To the extent otherwise 
permitted by law, before granting a waiver in 
the public interest to the guidelines developed 
under subsection (a)(1) with respect to a product 
sourced from a foreign country, a Federal agency 
shall assess whether a significant portion of the 
cost advantage of the product is the result of the
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† HR 4521 EAS 
use of dumped steel, iron, or manufactured goods 
or the use of injuriously subsidized steel, iron, or 
manufactured goods. 
(B) CONSULTATION.—The Federal agency 
conducting the assessment under subparagraph 
(A) shall consult with the International Trade 
Administration in making the assessment if the 
agency considers such consultation to be helpful. 
(C) USE OF FINDINGS.—The Federal agency 
conducting the assessment under subparagraph 
(A) shall integrate any findings from the assess-
ment into its waiver determination. 
(c) SENSE OF CONGRESS ON INCREASING DOMESTIC 
CONTENT REQUIREMENTS.—It is the sense of Congress that 
the Federal Acquisition Regulatory Council should amend 
the Federal Acquisition Regulation to increase the domestic 
content requirements for domestic end products and domes-
tic construction material to 75 percent, or, in the event of 
no qualifying offers, 60 percent. 
(d) DEFINITION OF END PRODUCT MANUFACTURED IN 
THE UNITED STATES.—Not later than 1 year after the date 
of the enactment of this Act, the Federal Acquisition Regu-
latory Council shall amend part 25 of the Federal Acquisi-
tion Regulation to provide a definition for ‘‘end product 
manufactured in the United States,’’ including guidelines
1162 
† HR 4521 EAS 
to ensure that manufacturing processes involved in produc-
tion of the end product occur domestically. 
SEC. 4122. AMENDMENTS RELATING TO BUY AMERICAN 
ACT. 
(a) SPECIAL RULES RELATING TO AMERICAN MATE-
RIALS REQUIRED FOR PUBLIC USE.—Section 8302 of title 
41, United States Code, is amended by adding at the end 
the following new subsection: 
‘‘(c) SPECIAL RULES.—The following rules apply in 
carrying out the provisions of subsection (a): 
‘‘(1) IRON AND STEEL MANUFACTURED IN THE 
UNITED STATES.—For purposes of this section, manu-
factured articles, materials, and supplies of iron and 
steel are deemed manufactured in the United States 
only if all manufacturing processes involved in the 
production of such iron and steel, from the initial 
melting stage through the application of coatings, oc-
curs in the United States. 
‘‘(2) LIMITATION ON EXCEPTION FOR COMMER-
CIALLY AVAILABLE OFF-THE-SHELF ITEMS.—Notwith-
standing any law or regulation to the contrary, in-
cluding section 1907 of this title and the Federal Ac-
quisition Regulation, the requirements of this section 
apply to all iron and steel articles, materials, and 
supplies.’’.
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† HR 4521 EAS 
(b) PRODUCTION OF IRON AND STEEL FOR PURPOSES 
OF CONTRACTS FOR PUBLIC WORKS.—Section 8303 of title 
41, United States Code, is amended— 
(1) by redesignating subsection (c) as subsection 
(d); and 
(2) by inserting after subsection (b) the following 
new subsection: 
‘‘(c) SPECIAL RULES.— 
‘‘(1) PRODUCTION
OF
IRON
AND
STEEL.—For 
purposes of this section, manufactured articles, mate-
rials, and supplies of iron and steel are deemed man-
ufactured in the United States only if all manufac-
turing processes involved in the production of such 
iron and steel, from the initial melting stage through 
the application of coatings, occurs in the United 
States. 
‘‘(2) LIMITATION ON EXCEPTION FOR COMMER-
CIALLY AVAILABLE OFF-THE-SHELF ITEMS.—Notwith-
standing any law or regulation to the contrary, in-
cluding section 1907 of this title and the Federal Ac-
quisition Regulation, the requirements of this section 
apply to all iron and steel articles, materials, and 
supplies used in contracts described in subsection 
(a).’’.
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† HR 4521 EAS 
(c) ANNUAL REPORT.—Subsection (b) of section 8302 
of title 41, United States Code, is amended to read as fol-
lows: 
‘‘(b) REPORTS.— 
‘‘(1) IN
GENERAL.—Not later than 180 days 
after the end of the fiscal year during which the Build 
America, Buy America Act is enacted, and annually 
thereafter for 4 years, the Director of the Office of 
Management and Budget, in consultation with the 
Administrator of General Services, shall submit to the 
Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Oversight 
and Reform of the House of Representatives a report 
on the total amount of acquisitions made by Federal 
agencies in the relevant fiscal year of articles, mate-
rials, or supplies acquired from entities that mine, 
produce, or manufacture the articles, materials, or 
supplies outside the United States. 
‘‘(2) EXCEPTION
FOR
INTELLIGENCE
COMMU-
NITY.—This subsection does not apply to acquisitions 
made by an agency, or component of an agency, that 
is an element of the intelligence community as speci-
fied in, or designated under, section 3 of the National 
Security Act of 1947 (50 U.S.C. 3003).’’.
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† HR 4521 EAS 
(d) DEFINITION.—Section 8301 of title 41, United 
States Code, is amended by adding at the end the following 
new paragraph: 
‘‘(3) FEDERAL
AGENCY.—The term ‘Federal 
agency’ has the meaning given the term ‘executive 
agency’ in section 133 of this title.’’. 
(e) CONFORMING AMENDMENTS.—Title 41, United 
States Code, is amended— 
(1) in section 8302(a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘department or inde-
pendent establishment’’ and inserting ‘‘Fed-
eral agency’’; and 
(ii) by striking ‘‘their acquisition to be 
inconsistent with the public interest or their 
cost to be unreasonable’’ and inserting 
‘‘their acquisition to be inconsistent with 
the public interest, their cost to be unrea-
sonable, or that the articles, materials, or 
supplies of the class or kind to be used, or 
the articles, materials, or supplies from 
which they are manufactured, are not 
mined, produced, or manufactured in the 
United States in sufficient and reasonably
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† HR 4521 EAS 
available commercial quantities and of a 
satisfactory quality’’; and 
(B) in paragraph (2), by amending sub-
paragraph (B) to read as follows: 
‘‘(B) to any articles, materials, or supplies 
procured pursuant to a reciprocal defense pro-
curement memorandum of understanding (as de-
scribed in section 8304 of this title), or a trade 
agreement or least developed country designation 
described in subpart 25.400 of the Federal Acqui-
sition Regulation; and’’; and 
(2) in section 8303— 
(A) in subsection (b)— 
(i) by striking ‘‘department or inde-
pendent establishment’’ each place it ap-
pears and inserting ‘‘Federal agency’’; 
(ii) by amending subparagraph (B) of 
paragraph (1) to read as follows: 
‘‘(B) to any articles, materials, or supplies 
procured pursuant to a reciprocal defense pro-
curement memorandum of understanding (as de-
scribed in section 8304), or a trade agreement or 
least developed country designation described in 
subpart 25.400 of the Federal Acquisition Regu-
lation; and’’; and
1167 
† HR 4521 EAS 
(iii) in paragraph (3)— 
(I) in the heading, by striking 
‘‘INCONSISTENT
WITH
PUBLIC
INTER-
EST’’ and inserting ‘‘WAIVER AUTHOR-
ITY’’; and 
(II) by striking ‘‘their purchase to 
be inconsistent with the public interest 
or their cost to be unreasonable’’ and 
inserting ‘‘their acquisition to be in-
consistent with the public interest, 
their cost to be unreasonable, or that 
the articles, materials, or supplies of 
the class or kind to be used, or the arti-
cles, materials, or supplies from which 
they are manufactured, are not mined, 
produced, or manufactured in the 
United States in sufficient and reason-
ably available commercial quantities 
and of a satisfactory quality’’; and 
(B) in subsection (d), as redesignated by 
subsection (b)(1) of this section, by striking ‘‘de-
partment, bureau, agency, or independent estab-
lishment’’ each place it appears and inserting 
‘‘Federal agency’’.
1168 
† HR 4521 EAS 
(f) EXCLUSION FROM INFLATION ADJUSTMENT OF AC-
QUISITION-RELATED
DOLLAR
THRESHOLDS.—Subpara-
graph (A) of section 1908(b)(2) of title 41, United States 
Code, is amended by striking ‘‘chapter 67’’ and inserting 
‘‘chapters 67 and 83’’. 
SEC. 4123. MADE IN AMERICA OFFICE. 
(a) ESTABLISHMENT.—The Director of the Office of 
Management and Budget shall establish within the Office 
of Management and Budget an office to be known as the 
‘‘Made in America Office’’. The head of the office shall be 
appointed by the Director of the Office of Management and 
Budget (in this section referred to as the ‘‘Made in America 
Director’’). 
(b) DUTIES.—The Made in America Director shall 
have the following duties: 
(1) Maximize and enforce compliance with do-
mestic preference statutes. 
(2) Develop and implement procedures to review 
waiver requests or inapplicability requests related to 
domestic preference statutes. 
(3) Prepare the reports required under sub-
sections (c) and (e). 
(4) Ensure that Federal contracting personnel, 
financial assistance personnel, and non-Federal re-
cipients are regularly trained on obligations under