I 
117TH CONGRESS 
1ST SESSION H. R. 4792 
To counter the malign influence and theft perpetuated by the People’s 
Republic of China and the Chinese Communist Party. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2021 
Mr. BANKS (for himself, Mr. BABIN, Mr. STEUBE, Mr. WILSON of South 
Carolina, Mrs. MCCLAIN, Mr. GARCIA of California, Mr. FITZGERALD, 
Mrs. HINSON, Mr. NORMAN, Mr. KELLER, Mr. DUNCAN, Mr. BERGMAN, 
Mr. MURPHY of North Carolina, Mr. CRENSHAW, Mr. ROUZER, Ms. 
STEFANIK, Mr. TIFFANY, Mr. PALAZZO, Mr. AUSTIN SCOTT of Georgia, 
Mr. CAWTHORN, Mr. JOHNSON of Louisiana, Mrs. HARSHBARGER, Ms. 
TENNEY, Mr. ROSE, Mr. JOHNSON of South Dakota, Mr. BARR, Mr. 
GREEN of Tennessee, Mr. HIGGINS of Louisiana, Mrs. HARTZLER, Mr. 
LAMALFA, Mr. BURCHETT, Mr. HERN, Mr. RESCHENTHALER, and Mr. 
ARRINGTON) introduced the following bill; which was referred to the 
Committee on Foreign Affairs, and in addition to the Committees on the 
Judiciary, Ways and Means, Oversight and Reform, Financial Services, 
Energy and Commerce, Intelligence (Permanent Select), Agriculture, 
Rules, Transportation and Infrastructure, Science, Space, and Tech-
nology, Natural Resources, Education and Labor, and Armed Services, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To counter the malign influence and theft perpetuated by 
the People’s Republic of China and the Chinese Com-
munist Party. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Countering Communist China Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Severability. 
TITLE I—MATTERS RELATING TO COUNTERING CHINA’S MALIGN 
INFLUENCE 
Sec. 101. Imposition of sanctions with respect to foreign persons that know-
ingly spread malign disinformation as part of or on behalf of 
a foreign government or political party for purposes of political 
warfare. 
Sec. 102. Determination with respect to the imposition of sanctions on the 
United Front Work Department of the Chinese Communist 
Party. 
Sec. 103. Authorities to regulate or prohibit mobile applications and software 
programs that engage in theft or unauthorized transmission of 
user data on behalf of a communist country, foreign adversary, 
or state sponsor of terrorism. 
Sec. 104. Imposition of sanctions with respect to mobile applications or soft-
ware programs that engage in theft or unauthorized trans-
mission of user data. 
Sec. 105. Determination with respect to the imposition of sanctions on WeChat 
and TikTok. 
Sec. 106. Prohibiting lobbying contacts by former Members of Congress on be-
half of communist countries. 
Sec. 107. Annual disclosure of contributions from foreign governments and po-
litical parties by certain tax-exempt organizations. 
Sec. 108. Position of sanctions with respect to senior officials of the Chinese 
Communist Party. 
Sec. 109. Determination with respect to the imposition of sanctions on mem-
bers of the CCP Politburo. 
Sec. 110. Mandatory application of sanctions. 
Sec. 111. Continuation in effect of certain export controls. 
Sec. 112. Exclusion of Government of the People’s Republic of China from cer-
tain cultural exchanges. 
Sec. 113. Prohibition on any TSP fund investing in entities based in the Peo-
ple’s Republic of China. 
Sec. 114. Enactment of Executive order. 
Sec. 115. Review by Committee on Foreign Investment in the United States of 
greenfield investments by People’s Republic of China. 
Sec. 116. Modification of authorities to regulate or prohibit the importation or 
exportation of information or informational materials con-
taining sensitive personal data under the International Emer-
gency Economic Powers Act. 
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Sec. 117. Prohibiting the purchase of agricultural land located in the United 
States. 
TITLE II—MATTERS RELATING TO CHINA’S ROLE IN COVID–19 
Sec. 201. Declassification of information related to the origin of COVID–19. 
Sec. 202. Amendment to Department of State rewards program. 
Sec. 203. Executive strategy to seek reimbursement from China of funds made 
available by the United States Government to address COVID– 
19. 
Sec. 204. Prohibition on use of funds to seek membership in the World Health 
Organization or to provide assessed or voluntary contributions 
to the World Health Organization. 
Sec. 205. Establishment of a joint select committee on the events and activities 
surrounding China’s handling of the 2019 novel coronavirus. 
Sec. 206. Membership. 
Sec. 207. Investigation and report on the events surrounding China’s handling 
of the 2019 novel coronavirus. 
Sec. 208. Powers. 
Sec. 209. Staff; funding. 
Sec. 210. Termination. 
Sec. 211. Statement of policy. 
Sec. 212. Amendments to the Chemical and Biological Weapons Control and 
Warfare Elimination Act of 1991. 
Sec. 213. Determination regarding the People’s Republic of China. 
Sec. 214. Regulatory authority. 
Sec. 215. Appropriate congressional committees defined. 
Sec. 216. Limitation on research by the National Science Foundation and Na-
tional Institutes of Health. 
Sec. 217. Prohibition on certain human-animal chimeras. 
Sec. 218. Technical amendment. 
TITLE III—MATTERS RELATING TO MEDICAL AND NATIONAL 
SECURITY SUPPLY CHAINS 
Sec. 301. Report and recommendation on barriers to domestic manufacturing 
of medical products. 
Sec. 302. Tax incentives for relocating manufacturing of pharmaceuticals and 
medical supplies and devices to the United States. 
Sec. 303. Principal negotiating objectives of the United States relating to trade 
in covered pharmaceutical products. 
Sec. 304. Reauthorization of trade agreements authority. 
Sec. 305. Securing essential medical materials. 
Sec. 306. Investment in supply chain security. 
Sec. 307. Permit process for projects relating to extraction, recovery, or proc-
essing of critical materials. 
TITLE IV—MATTERS RELATING TO RESEARCH AND 
DEVELOPMENT 
Sec. 401. Permanent full expensing for qualified property. 
Sec. 402. Research and experimental expenditures. 
Sec. 403. Repeal and codification of certain Executive orders. 
Sec. 404. Educational assistance exclusion from gross income increased. 
Sec. 405. Research and experimental expenditures. 
TITLE V—MATTERS RELATED TO EDUCATION 
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Subtitle A—Restrictions Relating to Foreign Funding of Educational 
Institutions 
Sec. 501. Restrictions on institutions partnering with the People’s Republic of 
China. 
Sec. 502. Limiting exemption from foreign agent registration requirement for 
persons engaging in activities in furtherance of certain pursuits 
to activities not promoting political agenda of foreign govern-
ments. 
Sec. 503. Reporting exchange visitor change in field of study. 
Sec. 504. Reporting certain research program participation. 
Sec. 505. Review and revocation of certain nonimmigrant visas. 
Sec. 506. Annual report. 
Subtitle B—Protecting Our Universities Act 
Sec. 511. Sensitive research project list. 
Sec. 512. Foreign student participation in sensitive research projects. 
Sec. 513. Foreign entities. 
Sec. 514. Enforcement. 
Sec. 515. Definitions. 
Subtitle C—Other Matters 
Sec. 521. Report on China benefitting from United States taxpayer-funded re-
search. 
Sec. 522. Conditions on Federal research grants. 
Sec. 523. Protecting institutions, laboratories, and research institutes. 
Sec. 524. Registration of participants in foreign talent recruitment programs of 
the People’s Republic of China as agents of the Government 
of the People’s Republic of China. 
Sec. 525. Economic espionage. 
Sec. 526. Department of State list of foreign talent recruitment programs of 
the People’s Republic of China. 
Sec. 527. Definitions. 
Sec. 528. Disclosure on certain visa applications. 
Sec. 529. Review by Committee on Foreign Investment in the United States of 
certain foreign gifts to and contracts with institutions of higher 
education. 
Sec. 530. Disclosures of foreign gifts and contracts at institutions of higher 
education. 
TITLE VI—MATTERS RELATED TO DEMOCRACY, HUMAN RIGHTS 
AND TAIWAN 
Sec. 601. Supporting a free and democratic China. 
Sec. 602. American Institute in Taiwan. 
Sec. 603. Prohibitions against undermining United States policy regarding Tai-
wan. 
Sec. 604. Negotiation of a free trade agreement with Taiwan. 
Sec. 605. Introduction and fast track consideration of implementing bill. 
Sec. 606. Strategy to address genocide in the Xinjiang Uyghur Autonomous 
Region. 
Sec. 607. Sanctions with respect to individuals committing responsible for or 
complicit in forced sterilizations, forced abortions, or other sex-
ual violence. 
Sec. 608. Sense of Congress on the 2022 Winter Olympics. 
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Sec. 609. Limitations on funds made available for the United Nations Popu-
lation Fund. 
Sec. 610. Prohibition on use of funds for abortions and involuntary steriliza-
tions. 
Sec. 611. Prohibition on certain funding relating to provision of an open plat-
form for China. 
Sec. 612. Establishment of new Mandarin Chinese language platforms of the 
United States Agency for Global Media. 
Sec. 613. Annual meetings of interparliamentary group between Congress and 
Legislature of Taiwan. 
Sec. 614. Prohibition on importation of goods made in the Xinjiang Uyghur 
Autonomous Region. 
TITLE VII—MATTERS RELATED TO DEFENSE 
Sec. 701. Modification to use of emergency sanctions authorities regarding 
Communist Chinese military companies. 
Sec. 702. Prohibition on use of funds to purchase goods or services from Com-
munist Chinese military companies. 
Sec. 703. Enactment of Executive Order 13959. 
Sec. 704. Inclusion of certain Chinese entities on the Annex to Executive Order 
13959. 
Sec. 705. Arms exports to India. 
TITLE VIII—MATTERS RELATED TO THE PROTECTION OF 
INTELLECTUAL PROPERTY 
Sec. 801. Imposition of sanctions related to the theft of intellectual property. 
Sec. 802. Prohibition on use of funds. 
Sec. 803. Prohibition on individuals with security clearances from being em-
ployed by certain entities. 
Sec. 804. Restriction on issuance of visas. 
Sec. 805. Inter partes review. 
Sec. 806. Post-grant review. 
Sec. 807. Composition of post-grant review and inter partes review panels. 
Sec. 808. Reexamination of patents. 
Sec. 809. Restoration of patents as property rights. 
Sec. 810. Inventor protections. 
Sec. 811. Registration of agent. 
Sec. 812. Exception to sovereign immunity. 
Sec. 813. Redress of theft of trade secrets extraterritorially. 
Sec. 814. Restriction on Federal grants and other forms of assistance. 
Sec. 815. Restriction on National Science Foundation grants and other forms 
of assistance to Communist Chinese military companies and 
their affiliates. 
Sec. 816. Expanding inadmissibility on security and related grounds. 
TITLE IX—MATTERS RELATED TO FINANCIAL SERVICES 
Sec. 901. Opposition of the United States to an increase in the weight of the 
Chinese renminbi in the special drawing rights basket of the 
International Monetary Fund. 
Sec. 902. Sunset. 
Sec. 903. Strengthening congressional oversight of special drawing rights at the 
IMF. 
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Sec. 904. Prohibition on allocations for perpetrators of genocide and state spon-
sors of terrorism without congressional authorization. 
Sec. 905. Opposition to quota increase for countries that undermine IMF prin-
ciples. 
Sec. 906. Opposition of the United States to International Monetary Fund loan 
to a country whose public debt is not likely to be sustainable 
in the medium term. 
Sec. 907. Congressional notification with respect to exceptional access lending. 
Sec. 908. Condition on IMF quota increase for the People’s Republic of China. 
Sec. 909. Ensuring non-discrimination with respect to travel policies at the 
international financial institutions. 
Sec. 910. Testimony requirement. 
Sec. 911. Statement of United States policy regarding the dollar. 
Sec. 912. Report on dollar strategy. 
Sec. 913. Sunset. 
TITLE X—OFFSETS 
Sec. 1001. Rescission of certain Federal funds appropriated for State, city, 
local, and tribal governments. 
TITLE XI—NATIONAL SECURITY AUTHORIZATIONS 
Sec. 1101. Authorization to hire additional staff for the Office of Foreign Asset 
Control of the Department of the Treasury. 
Sec. 1102. Authorization of appropriations for INDOPACOM unfunded prior-
ities. 
Sec. 1103. Authorization to hire additional staff for the Office of Customs and 
Border Protection force labor activities. 
Sec. 1104. Authorization for the Department of Justice’s China initiative. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The People’s Republic of China and the 
Chinese Communist Party represent the foremost 
national security threat faced by the United States. 
(2) The People’s Republic of China and the 
Chinese Communist Party are founded on the prin-
ciples antithetical to human freedom and dignity in-
cluding Communism and authoritarianism. 
(3) The People’s Republic of China and the 
Chinese Communist Party seek to undermine free 
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societies around the world and establish an alter-
native world order rooted in authoritarianism. 
(4) In November 2012, at the 17th CCP Con-
gress, General Secretary Xi Jinping first announced 
his vision for achieving ‘‘the Chinese dream of na-
tional rejuvenation’’ and military and economic 
dominance. 
(5) The People’s Republic of China currently 
has the world’s second-largest economy in terms of 
nominal GDP ($14.14 trillion) and the largest in 
terms of purchasing power parity (PPP) GDP 
($27.31 trillion). In 2000, the People’s Republic of 
China controlled only 4 percent of the global econ-
omy, and the United States controlled 31 percent. 
Today, the People’s Republic of China stands at 15 
percent and the United States’ share has dropped to 
24 percent. 
(6) The growth of the People’s Republic of Chi-
na’s centrally controlled economy has been fueled 
largely by tools of economic coercion, including intel-
lectual property theft and economic espionage of 
U.S. companies. In 2019 alone, one in five North 
American-based companies said that Chinese firms 
had stolen their intellectual property (IP) within the 
last year. 
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(7) Former Secretary of Defense Mark Esper 
has stated that the People’s Republic of China ‘‘is 
perpetrating the greatest intellectual property theft 
in human history’’. 
(8) In addition to its economic aggression and 
military modernization, the People’s Republic of 
China conducts political warfare and disinformation 
campaigns against the United States and other de-
mocracies. It frequently targets academia, the 
media, business, and cultural institutions to sup-
press criticism and promote positive views of the 
CCP. 
(9) The foremost victims of the People’s Repub-
lic of China and the Chinese Communist Party are 
the Chinese people who continue to suffer under 
communist authoritarian rule. 
(10) The People’s Republic of China continues 
to perpetuate a genocide against the Uyghur Mus-
lims in Xinjiang province, in addition to brutal 
crackdowns against the people of Tibet and Hong 
Kong. 
(11) The CCP continues to obfuscate the ori-
gins of the COVID–19 pandemic which started in 
Wuhan, China and has refused to allow an impartial 
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international investigation into the origins of the 
pandemic. 
(12) Manifestations of expressions of racism, 
bigotry, discrimination, anti-Asian rhetoric, and xen-
ophobia against people of Asian descent are contrary 
to the values we hold dearest as Americans, counter-
productive to countering the CCP’s malign influence, 
and denounced by the Congress of the United 
States. 
SEC. 3. SEVERABILITY. 
If any provision of this Act, or an amendment made 
by this Act, or the application of such provision or amend-
ment to any person or circumstance, is held to be invalid, 
the remainder of this Act, the amendments made by this 
Act, and the application of such provision and amend-
ments to other persons or circumstances, shall not be af-
fected. 
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TITLE 
I—MATTERS 
RELATING 
TO COUNTERING CHINA’S MA-
LIGN INFLUENCE 
SEC. 101. IMPOSITION OF SANCTIONS WITH RESPECT TO 
FOREIGN 
PERSONS 
THAT 
KNOWINGLY 
SPREAD MALIGN DISINFORMATION AS PART 
OF OR ON BEHALF OF A FOREIGN GOVERN-
MENT OR POLITICAL PARTY FOR PURPOSES 
OF POLITICAL WARFARE. 
(a) IMPOSITION OF SANCTIONS.—The President shall 
impose the sanctions described in subsection (b) with re-
spect to any foreign person that the President determines 
knowingly 
commits 
a 
significant 
act 
of 
malign 
disinformation on behalf of the government of a foreign 
country or foreign political party that has the direct pur-
pose or effect of influencing political, diplomatic, or edu-
cational activities in the United States for the purpose of 
harming— 
(1) the national security or defense of the 
United States; or 
(2) the safety and security of any United States 
citizen or alien lawfully admitted for permanent resi-
dence. 
(b) SANCTIONS DESCRIBED.— 
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(1) IN GENERAL.—The sanctions described in 
this subsection with respect to a foreign person de-
termined by the President to be subject to sub-
section (a) are the following: 
(A) ASSET
BLOCKING.—The President 
shall exercise of all powers granted to the Presi-
dent by the International Emergency Economic 
Powers Act (50 U.S.C. 1701 et seq.) to the ex-
tent necessary to block and prohibit all trans-
actions in property and interests in property of 
the foreign person if such property and inter-
ests in property are in the United States, come 
within the United States, or are or come within 
the possession or control of a United States 
person. 
(B) INADMISSIBILITY
OF
CERTAIN
INDI-
VIDUALS.— 
(i) INELIGIBILITY FOR VISAS, ADMIS-
SION, OR PAROLE.—In the case of a for-
eign person who is an individual, the for-
eign person is— 
(I) inadmissible to the United 
States; 
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(II) ineligible to receive a visa or 
other documentation to enter the 
United States; and 
(III) otherwise ineligible to be 
admitted or paroled into the United 
States or to receive any other benefit 
under the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.). 
(ii) CURRENT VISAS REVOKED.— 
(I) IN GENERAL.—In the case of 
a foreign person who is an individual, 
the visa or other documentation 
issued to the person shall be revoked, 
regardless of when such visa or other 
documentation is or was issued. 
(II) EFFECT OF REVOCATION.— 
A revocation under subclause (I) 
shall— 
(aa) take effect immediately; 
and 
(bb) 
automatically 
cancel 
any other valid visa or entry doc-
umentation that is in the per-
son’s possession. 
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(2) PENALTIES.—A person that violates, at-
tempts to violate, conspires to violate, or causes a 
violation of any regulation, license, or order issued 
to carry out paragraph (1)(A) shall be subject to the 
penalties set forth in subsections (b) and (c) of sec-
tion 206 of the International Emergency Economic 
Powers Act (50 U.S.C. 1705) to the same extent as 
a person that commits an unlawful act described in 
subsection (a) of that section. 
(3) EXCEPTION TO COMPLY WITH UNITED NA-
TIONS
HEADQUARTERS
AGREEMENT.—Sanctions 
under paragraph (1)(B) shall not apply to a foreign 
person who is an individual if admitting the person 
into the United States is necessary to permit the 
United States to comply with the Agreement regard-
ing the Headquarters of the United Nations, signed 
at Lake Success June 26, 1947, and entered into 
force November 21, 1947, between the United Na-
tions and the United States, or other applicable 
international obligations. 
(c) WAIVER.—The President may, for one period not 
to exceed one year, waive the application of sanctions im-
posed with respect to a foreign person under this section 
if the President certifies to the appropriate congressional 
committees not later than 15 days before such waiver is 
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to take effect that the waiver is vital to the national secu-
rity interests of the United States. 
(d) IMPLEMENTATION AUTHORITY.—The President 
may exercise all authorities provided to the President 
under sections 203 and 205 of the International Emer-
gency Economic Powers Act (50 U.S.C. 1702 and 1704) 
for purposes of carrying out this section. 
(e) REGULATORY AUTHORITY.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the President 
shall promulgate such regulations as are necessary 
for the implementation of this section. 
(2) NOTIFICATION
TO
CONGRESS.—Not less 
than 10 days before the promulgation of regulations 
under paragraph (1), the President shall notify and 
provide to the appropriate congressional committees 
the proposed regulations and an identification of the 
provisions of this section that the regulations are im-
plementing. 
(f) DEFINITIONS.—In this section: 
(1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 
and ‘‘alien’’ have the meanings given those terms in 
section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)). 
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(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs, the 
Committee on the Judiciary, the Committee on 
Ways and Means, and the Committee on Finan-
cial Services of the House of Representatives; 
and 
(B) the Committee on Foreign Relations, 
the Committee on the Judiciary, the Committee 
on Finance, and the Committee on Banking, 
Housing, and Urban Affairs of the Senate. 
(3) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means a person that is not a United States 
person. 
(4) KNOWINGLY.—The term ‘‘knowingly’’, with 
respect to conduct, a circumstance, or a result, 
means that a person has actual knowledge, or should 
have known, of the conduct, the circumstance, or the 
result. 
(5) PERSON.—The term ‘‘person’’ means an in-
dividual or entity. 
(6) PROPERTY; INTEREST IN PROPERTY.—The 
terms ‘‘property’’ and ‘‘interest in property’’ have 
the meanings given the terms ‘‘property’’ and ‘‘prop-
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erty interest’’, respectively, in section 576.312 of 
title 31, Code of Federal Regulations, as in effect on 
the day before the date of the enactment of this Act. 
(7) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) an individual who is a United States 
citizen or an alien lawfully admitted for perma-
nent residence to the United States; 
(B) an entity organized under the laws of 
the United States or any jurisdiction within the 
United States, including a foreign branch of 
such an entity; or 
(C) any person in the United States. 
(g) SUNSET.— 
(1) IN GENERAL.—This section shall cease to 
be effective beginning on January 1, 2025. 
(2) INAPPLICABILITY.—Paragraph (1) shall not 
apply with respect to sanctions imposed with respect 
to a foreign person under this section before Janu-
ary 1, 2025. 
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SEC. 102. DETERMINATION WITH RESPECT TO THE IMPOSI-
TION OF SANCTIONS ON THE UNITED FRONT 
WORK DEPARTMENT OF THE CHINESE COM-
MUNIST PARTY. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of State 
shall submit to the appropriate congressional committees 
a determination, including a detailed justification, on 
whether the United Front Work Department of the Chi-
nese Communist Party, or any component or official there-
of, meets the criteria for the application of sanctions pur-
suant to— 
(1) section 101 of this Act; 
(2) section 1263 of the Global Magnitsky 
Human Rights Accountability Act (subtitle F of title 
XII of Public Law 114–328; 22 U.S.C. 2656 note); 
(3) section 6 of the Uyghur Human Rights Pol-
icy Act of 2020 (Public Law 116–145; 22 U.S.C. 
6901 note); or 
(4) Executive Order 13694 (50 U.S.C. 1701 
note; relating to blocking property of certain persons 
engaged in significant malicious cyber-enabled activi-
ties). 
(b) FORM.—The determination required by sub-
section (a) shall be submitted in unclassified form but may 
contain a classified annex. 
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(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Armed Services, the 
Committee on Foreign Affairs, the Permanent Select 
Committee on Intelligence, the Committee on Finan-
cial Services, and the Committee on the Judiciary of 
the House of Representatives; and 
(2) the Committee on Armed Services, the 
Committee on Foreign Relations, the Select Com-
mittee on Intelligence, the Committee on Banking, 
Housing, and Urban Affairs, and the Committee on 
the Judiciary of the Senate. 
SEC. 103. AUTHORITIES TO REGULATE OR PROHIBIT MO-
BILE APPLICATIONS AND SOFTWARE PRO-
GRAMS THAT ENGAGE IN THEFT OR UNAU-
THORIZED TRANSMISSION OF USER DATA ON 
BEHALF OF A COMMUNIST COUNTRY, FOR-
EIGN ADVERSARY, OR STATE SPONSOR OF 
TERRORISM. 
Section 203 of the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1702) is amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
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(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c)(1) Notwithstanding subsection (b), the authority 
granted to the President by this section includes the au-
thority to regulate or prohibit transactions with a mobile 
application or software program that— 
‘‘(A) engages in the theft or unauthorized 
transmission of a user’s data; and 
‘‘(B) provides to a covered country or covered 
foreign political party access to such data. 
‘‘(2) In this subsection, the term ‘covered country’ 
means any of the following: 
‘‘(A) A communist country. 
‘‘(B) A foreign adversary. 
‘‘(C) A state sponsor of terrorism. 
‘‘(3) In this subsection: 
‘‘(A) The term ‘communist country’ has the 
meaning given such term in section 620(f)(1) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 
2370(f)(1)). 
‘‘(B) The term ‘covered foreign political party’ 
means the Chinese Communist Party (CCP). 
‘‘(C) The term ‘foreign adversary’ has the 
meaning given such term in Executive Order 13920, 
issued on May 1, 2020, entitled ‘Securing the 
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United States BulkPower System’, and including the 
list of foreign adversaries identified by the Depart-
ment of Energy’s Office of Electricity pursuant to 
such Executive Order on July 7, 2020, as in effect 
on January 19, 2021. 
‘‘(D) The term ‘state sponsor of terrorism’ 
means a country the government of which the Sec-
retary of State determines has repeatedly provided 
support for international terrorism pursuant to— 
‘‘(i) section 1754(c)(1)(A) of the Export 
Control Reform Act of 2018 (50 U.S.C. 
4813(c)(1)(A)); 
‘‘(ii) section 620A of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2371); 
‘‘(iii) section 40 of the Arms Export Con-
trol Act (22 U.S.C. 2780); or 
‘‘(iv) any other provision of law.’’. 
SEC. 104. IMPOSITION OF SANCTIONS WITH RESPECT TO 
MOBILE APPLICATIONS OR SOFTWARE PRO-
GRAMS THAT ENGAGE IN THEFT OR UNAU-
THORIZED TRANSMISSION OF USER DATA. 
(a) IMPOSITION
OF SANCTIONS.—Notwithstanding 
any other provision of law, the President is authorized to 
impose the sanctions described in subsection (b) with re-
spect to any foreign person that the President determines 
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has developed, maintains, provides, owns, or controls a 
mobile application or software program that— 
(1) engages in the theft or unauthorized trans-
mission of a user’s data to servers located in China; 
and 
(2) provides to the Government of the People’s 
Republic of China (PRC), the Chinese Communist 
Party (CCP), or any person owned by or controlled 
by the PRC or CCP access to such data. 
(b) SANCTIONS DESCRIBED.— 
(1) IN GENERAL.—The sanctions described in 
this subsection with respect to a foreign person de-
termined by the President to be subject to sub-
section (a) are the following: 
(A) ASSET
BLOCKING.—The President 
shall exercise of all powers granted to the Presi-
dent by the International Emergency Economic 
Powers Act (50 U.S.C. 1701 et seq.) to the ex-
tent necessary to block and prohibit all trans-
actions in property and interests in property of 
the foreign person if such property and inter-
ests in property are in the United States, come 
within the United States, or are or come within 
the possession or control of a United States 
person. 
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(B) INADMISSIBILITY
OF
CERTAIN
INDI-
VIDUALS.— 
(i) INELIGIBILITY FOR VISAS, ADMIS-
SION, OR PAROLE.—In the case of a for-
eign person who is an individual, the for-
eign person is— 
(I) inadmissible to the United 
States; 
(II) ineligible to receive a visa or 
other documentation to enter the 
United States; and 
(III) otherwise ineligible to be 
admitted or paroled into the United 
States or to receive any other benefit 
under the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.). 
(ii) CURRENT VISAS REVOKED.— 
(I) IN GENERAL.—In the case of 
a foreign person who is an individual, 
the visa or other documentation 
issued to the person shall be revoked, 
regardless of when such visa or other 
documentation is or was issued. 
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(II) EFFECT OF REVOCATION.— 
A revocation under subclause (I) 
shall— 
(aa) take effect immediately; 
and 
(bb) 
automatically 
cancel 
any other valid visa or entry doc-
umentation that is in the per-
son’s possession. 
(2) PENALTIES.—The penalties provided for in 
subsections (b) and (c) of section 206 of the Inter-
national Emergency Economic Powers Act (50 
U.S.C. 1705) shall apply to a person that violates, 
attempts to violate, conspires to violate, or causes a 
violation of regulations promulgated under sub-
section (e) to implement this section to the same ex-
tent that such penalties apply to a person that com-
mits an unlawful act described in section 206(a) of 
such Act. 
(3) EXCEPTION TO COMPLY WITH UNITED NA-
TIONS
HEADQUARTERS
AGREEMENT.—Sanctions 
under paragraph (1)(B) shall not apply to a foreign 
person who is an individual if admitting the person 
into the United States is necessary to permit the 
United States to comply with the Agreement regard-
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ing the Headquarters of the United Nations, signed 
at Lake Success June 26, 1947, and entered into 
force November 21, 1947, between the United Na-
tions and the United States, or other applicable 
international obligations. 
(c) WAIVER.—The President may, on a case-by-case 
basis and for periods not to exceed 180 days, waive the 
application of sanctions imposed with respect to a foreign 
person under this section if the President certifies to the 
appropriate congressional committees not later than 15 
days before such waiver is to take effect that the waiver 
is vital to the national security interests of the United 
States. 
(d) IMPLEMENTATION AUTHORITY.—The President 
may exercise all authorities provided to the President 
under sections 203 and 205 of the International Emer-
gency Economic Powers Act (50 U.S.C. 1702 and 1704) 
for purposes of carrying out this section. The exceptions 
to the President’s authority described in section 203(b) 
of the International Emergency Economic Powers Act, as 
amended by section 1, shall not apply to the President’s 
authority to exercise authorities under this section. 
(e) REGULATORY AUTHORITY.— 
(1) IN
GENERAL.—The President shall, not 
later than 180 days after the date of the enactment 
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of this Act, prescribe regulations as necessary for 
the implementation of this Act and the amendments 
made by this Act. 
(2) NOTIFICATION
TO
CONGRESS.—No later 
than 10 days before the prescription of regulations 
under subsection (1), the President shall notify the 
appropriate congressional committees regarding the 
proposed regulations and the provisions this Act and 
the amendments made by this Act that the regula-
tions are implementing. 
(f) DEFINITIONS.—In this section: 
(1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 
and ‘‘alien’’ have the meanings given those terms in 
section 101(3) of the Immigration and Nationality 
Act (8 U.S.C. 1101(3)). 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs, the 
Committee on the Judiciary, the Committee on 
Ways and Means, and the Committee on Finan-
cial Services of the House of Representatives; 
and 
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(B) the Committee on Foreign Relations 
and the Committee on Banking, Housing, and 
Urban Affairs of the Senate. 
(3) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means a person that is not a United States 
person. 
SEC. 105. DETERMINATION WITH RESPECT TO THE IMPOSI-
TION 
OF 
SANCTIONS 
ON 
WECHAT 
AND 
TIKTOK. 
(a) DETERMINATION.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
State shall submit to the appropriate congressional com-
mittees a determination, including a detailed justification, 
regarding whether WeChat and TikTok, or any component 
thereof, or any entity owned or controlled by WeChat, sat-
isfies the criteria for the application of sanctions pursuant 
to— 
(1) section 105 of this Act; or 
(2) Executive Order 13694 (50 U.S.C. 1701 
note; relating to blocking property of certain persons 
engaged in significant malicious cyber-enabled activi-
ties). 
(b) FORM.—The determination required by sub-
section (a) shall be submitted in unclassified form but may 
contain a classified annex. 
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(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Armed Services, the 
Committee on Foreign Affairs, the Permanent Select 
Committee on Intelligence, the Committee on Finan-
cial Services, and the Committee on the Judiciary of 
the House of Representatives; and 
(2) the Committee on Armed Services, the 
Committee on Foreign Relations, the Select Com-
mittee on Intelligence, the Committee on Banking, 
Housing, and Urban Affairs, and the Committee on 
the Judiciary of the Senate. 
SEC. 106. PROHIBITING LOBBYING CONTACTS BY FORMER 
MEMBERS OF CONGRESS ON BEHALF OF 
COMMUNIST COUNTRIES. 
(a) PROHIBITION.—The Lobbying Disclosure Act of 
1995 (2 U.S.C. 1601 et seq.) is amended by inserting 
after section 5 the following new section: 
‘‘SEC. 5A. PROHIBITING LOBBYING CONTACTS BY FORMER 
MEMBERS OF CONGRESS ON BEHALF OF 
COMMUNIST COUNTRIES. 
‘‘(a) PROHIBITION.—Notwithstanding any other pro-
vision of this section, a former Member of Congress may 
not make a lobbying contact under this Act, or any com-
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munication which would be a lobbying contact under this 
Act if it were not disclosed under the Foreign Agents Reg-
istration Act of 1938, as amended (22 U.S.C. 611 et seq.), 
on behalf of a client which, at the time of the lobbying 
contact or communication, is a Communist country or an 
entity owned or controlled by a Communist country. 
‘‘(b) PENALTY.—In addition to any other penalty 20 
under this Act, any person who violates subsection (a) 
shall be subject to a fine of not more than $25,000 for 
22 each such violation. 
‘‘(c) DEFINITION.—In this section, a ‘Communist 
country’ means a country which is treated as a Communist 
country under section 620(f) of the Foreign Assistance 26 
Act of 1961 (22 U.S.C. 2370(f)).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to lobbying contacts 
under the Lobbying Disclosure Act of 1995 which are 
made on or after the date of the enactment of this Act. 
SEC. 107. ANNUAL DISCLOSURE OF CONTRIBUTIONS FROM 
FOREIGN 
GOVERNMENTS 
AND 
POLITICAL 
PARTIES BY CERTAIN TAX-EXEMPT ORGANI-
ZATIONS. 
(a) REPORTING REQUIREMENT.—Section 6033(b) of 
the Internal Revenue Code of 1986 is amended by striking 
‘‘and’’ at the end of paragraph (15), by redesignating 
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paragraph (16) as paragraph (17) and by inserting after 
paragraph (15) the following new paragraph: 
‘‘(16) with respect to each government of a for-
eign country (within the meaning of section 1(e) of 
the Foreign Agents Registration Act of 1938 (22 
U.S.C. 611(e))) and each foreign political party 
(within the meaning of section 1(f) of such Act (22 
U.S.C. 611(f)) which made aggregate contributions 
and gifts to the organization during the year in ex-
cess of $50,000, the name of such government or 
political party and such aggregate amount, and’’. 
(b) PUBLIC DISCLOSURE.—Section 6104 of such 
Code is amended by adding at the end the following new 
subsection: 
‘‘(e) PUBLIC DISCLOSURE OF CERTAIN INFORMA-
TION.—The Secretary shall make publicly available in a 
searchable database the following information: 
‘‘(1) The information furnished under section 
6033(b)(16) of the Internal Revenue Code of 1986, 
as amended by this section. 
‘‘(2) The name of the organization furnishing 
the information described in paragraph (1). 
‘‘(3) The aggregate amount reported under 
such section as having been received as contributions 
or gifts in each year from the People’s Republic of 
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China and (stated separately) from the Chinese 
Communist Party.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to returns filed for taxable years 
beginning after the date of the enactment of this Act. 
SEC. 108. POSITION OF SANCTIONS WITH RESPECT TO SEN-
IOR OFFICIALS OF THE CHINESE COMMUNIST 
PARTY. 
(a) IMPOSITION
OF SANCTIONS.—Notwithstanding 
any other provision of law, the President is authorized to 
impose the sanctions described in subsection (b) with re-
spect to any foreign person the President determines— 
(1) is a senior official of the CCP, including a 
member of the CCP Politburo; and 
(2) has engaged in or provided support to or 
for— 
(A) a malign disinformation campaign or 
political warfare operation against the United 
States; 
(B) the theft of intellectual property of a 
United States person; 
(C) threats or actions undermining the 
sovereignty of Taiwan; and 
(D) the forced closure or destruction of 
churches, mosques, Buddhist temples or any 
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other place of worship in China, or religious 
practice of Christians, Muslims, Buddhists or 
any other religious group in China. 
(b) SANCTIONS DESCRIBED.— 
(1) IN GENERAL.—The sanctions described in 
this subsection with respect to a foreign person de-
termined by the President to be subject to sub-
section (a) are the following: 
(A) ASSET
BLOCKING.—The President 
shall exercise of all powers granted to the Presi-
dent by the International Emergency Economic 
Powers Act (50 U.S.C. 1701 et seq.) to the ex-
tent necessary to block and prohibit all trans-
actions in property and interests in property of 
the foreign person if such property and inter-
ests in property are in the United States, come 
within the United States, or are or come within 
the possession or control of a United States 
person. 
(B) INADMISSIBILITY
OF
CERTAIN
INDI-
VIDUALS.— 
(i) INELIGIBILITY FOR VISAS, ADMIS-
SION, OR PAROLE.—Such a foreign person 
is— 
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(I) inadmissible to the United 
States; 
(II) ineligible to receive a visa or 
other documentation to enter the 
United States; and 
(III) otherwise ineligible to be 
admitted or paroled into the United 
States or to receive any other benefit 
under the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.). 
(ii) CURRENT VISAS REVOKED.— 
(I) IN
GENERAL.—The visa or 
other documentation issued to such a 
foreign person shall be revoked, re-
gardless of when such visa or other 
documentation is or was issued. 
(II) EFFECT OF REVOCATION.— 
A revocation under subclause (I) 
shall— 
(aa) take effect immediately; 
and 
(bb) 
automatically 
cancel 
any other valid visa or entry doc-
umentation that is in the per-
son’s possession. 
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(2) PENALTIES.—The penalties provided for in 
subsections (b) and (c) of section 206 of the Inter-
national Emergency Economic Powers Act (50 24 
U.S.C. 1705) shall apply to a person that violates, 
attempts to violate, conspires to violate, or causes a 
violation of regulations promulgated under sub-
section (f) to implement this section to the same ex-
tent that such penalties apply to a person that com-
mits an unlawful act described in section 206(a) of 
that Act. 
(3) EXCEPTION TO COMPLY WITH UNITED NA-
TIONS
HEADQUARTERS
AGREEMENT.—Sanctions 
under paragraph (1)(B) shall not apply to a foreign 
person who is an individual if admitting the person 
into the United States is necessary to permit the 
United States to comply with the Agreement regard-
ing the Headquarters of the United Nations, signed 
at Lake Success June 26, 1947, and entered into 
force November 21, 1947, between the United Na-
tions and the United States, or other applicable 
international obligations. 
(c) WAIVER.—The President may, on a case-by-case 
basis and for one period not to exceed one year, waive the 
application of sanctions imposed with respect to a foreign 
person under this section if the President certifies to the 
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appropriate congressional committees not later than 15 
days before such waiver is to take effect that such waiver 
is vital to the national security interests of the United 
States. 
(d) TERMINATION OF SANCTIONS.—The President 
may terminate the application of sanctions under this sec-
tion if the President determines and reports to the appro-
priate congressional committees not later than 15 days be-
fore the termination takes effect that the President has 
determined that the foreign person no longer is involved 
in any of the activities described in subsection (a). 
(e) IMPLEMENTATION AUTHORITY.—The President 
may exercise all authorities provided to the President 
under sections 203 and 205 of the International Emer-
gency Economic Powers Act (50 U.S.C. 1702 and 1704) 
for purposes of carrying out this section. 
(f) REGULATORY AUTHORITY.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the President 
shall promulgate regulations as necessary for the im-
plementation of this section. 
(2) NOTIFICATION
TO
CONGRESS.—Not later 
than 10 days before the promulgation of regulations 
under paragraph (1), the President shall notify and 
provide to the appropriate congressional committees 
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the proposed regulations and the provisions of this 
section that such regulations are implementing. 
(g) SUNSET.— 
(1) IN GENERAL.—This section shall terminate 
on January 1, 2025. 
(2) INAPPLICABILITY.—Paragraph (1) shall not 
apply with respect to sanctions imposed with respect 
to a foreign person under this section before Janu-
ary 1, 2025. 
(h) DEFINITIONS.—In this section: 
(1) ADMITTED.—The term ‘‘admitted’’ has the 
meaning given such term in section 101(3) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(3)). 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs, the 
Committee on the Judiciary, the Committee on 
Ways and Means, and the Committee on Finan-
cial Services of the House of Representatives; 
and 
(B) the Committee on Foreign Relations 
and the Committee on Banking, Housing, and 
Urban Affairs of the Senate. 
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(3) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means a person that is not a national or citizen 
of the United States or lawfully admitted for perma-
nent residence in the United States. 
SEC. 109. DETERMINATION WITH RESPECT TO THE IMPOSI-
TION OF SANCTIONS ON MEMBERS OF THE 
CCP POLITBURO. 
(a) DETERMINATION.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
State, in consultation with the Secretary of the Treasury, 
shall submit to the appropriate congressional committees 
a determination, including a detailed justification, regard-
ing whether any member of the Chinese Communist Party 
(CCP) Politburo satisfies the criteria for the application 
of sanctions pursuant to any of the following: 
(1) Section 108 of this Act. 
(2) Executive Order 13694 (50 U.S.C. 1701 
note; relating to blocking property of certain persons 
engaged in significant malicious cyber-enabled activi-
ties). 
(3) The Global Magnitsky Human Rights Ac-
countability Act (22 U.S.C. 2656 note). 
(4) The Uyghur Human Rights and Policy Act 
of 2020 (Public Law 116–145). 
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(5) The Hong Kong Human Rights and De-
mocracy Act of 2019 (Public Law 116–76). 
(b) FORM.—The determination required by sub-
section (a) shall be submitted in unclassified form but may 
contain a classified annex. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Armed Services, the 
Committee on Foreign Affairs, the Committee on Fi-
nancial Services, and the Committee on the Judici-
ary of the House of Representatives; and 
(2) the Committee on Armed Services, the 
Committee on Foreign Relations, the Committee on 
Banking, Housing, and Urban Affairs, and the Com-
mittee on the Judiciary of the Senate. 
SEC. 110. MANDATORY APPLICATION OF SANCTIONS. 
(a) IN GENERAL.—No later than 180 days after the 
date of the enactment of this Act, the President shall im-
pose the sanctions described in section 108 with respect 
to each individual specified in subsection (b). 
(b) 
INDIVIDUALS
AND
ORGANIZATIONS
DE-
SCRIBED.—The individuals specified in this subsection are 
the following: 
(1) Wu Yingjie. 
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(2) Wang Yang. 
(3) Han Zheng. 
(4) Xia Baolong. 
SEC. 111. CONTINUATION IN EFFECT OF CERTAIN EXPORT 
CONTROLS. 
(a) HUAWEI TECHNOLOGIES CO. LTD.—The Sec-
retary of Commerce may not remove Huawei Technologies 
Co. Ltd., or its subsidiaries and affiliates, from the entity 
list or modify any of the licensing policies pursuant to its 
designation on the entity list, including the foreign direct 
product rule, unless the Secretary, with the concurrence 
of the End-User Review Committee by a unanimous vote 
of such Committee, certifies to the appropriate congres-
sional committees that Huawei Technologies Co. Ltd., and 
its subsidiaries and affiliates— 
(1) have not engaged in activities that are con-
trary to United States national security or foreign 
policy interests and are unlikely to engage in such 
activities in the future; and 
(2) are not owned, controlled, or influenced by 
the Communist Party of China. 
(b) HONOR DEVICE CO. LTD.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of Commerce— 
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(1) shall designate Honor Device Co. Ltd. for 
inclusion on the entity list; and 
(2) shall publish a notification with respect to 
such designation in the Federal Register. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this Act, and on a 
monthly basis thereafter, the Secretary of Commerce 
shall submit to the appropriate congressional com-
mittees a report that— 
(A) identifies and describes all license ap-
plications received by the Department of Com-
merce to export, reexport, or transfer (in-coun-
try) items subject to the Export Administration 
Regulations to— 
(i) Huawei Technologies Co. Ltd., or 
its subsidiaries and affiliates; or 
(ii) Honor Device Co. Ltd; and 
(B) identifies whether such license applica-
tions were approved or denied. 
(2) FORM.—The report required by subsection 
(a) shall be submitted in unclassified form, but may 
contain a classified annex. 
(d) DEFINITIONS.—In this section: 
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(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Foreign Affairs of 
the House of Representatives and the Committee on 
Banking, Housing, and Urban Affairs of the Senate. 
(2) END-USER REVIEW COMMITTEE.—The term 
‘‘End-User Review Committee’’ means the End-User 
Review Committee described in Supplement No. 9 to 
part 748 of the Export Administration Regulations. 
(3) ENTITY
LIST.—The term ‘‘entity list’’ 
means the list maintained by the Bureau of Industry 
and Security and set forth in Supplement No. 4 to 
part 744 of the Export Administration Regulations. 
(4) EXPORT ADMINISTRATION REGULATIONS.— 
The term ‘‘Export Administration Regulations’’ 
means subchapter C of chapter VII of title 15, Code 
of Federal Regulations. 
SEC. 112. EXCLUSION OF GOVERNMENT OF THE PEOPLE’S 
REPUBLIC OF CHINA FROM CERTAIN CUL-
TURAL EXCHANGES. 
Subsection (a) of section 108A of the Mutual Edu-
cational and Cultural Exchange Act of 1961 (22 U.S.C. 
2458a(a)) is amended by adding at the end the following 
new paragraph: 
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‘‘(3) For purposes of this section, the term ‘for-
eign government’ does not include the Government 
of the People’s Republic of China.’’. 
SEC. 113. PROHIBITION ON ANY TSP FUND INVESTING IN 
ENTITIES BASED IN THE PEOPLE’S REPUBLIC 
OF CHINA. 
(a) IN GENERAL.—Section 8438 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(i) Notwithstanding any other provision of this sec-
tion, no fund established or overseen by the Board may 
include an investment in any security of— 
‘‘(1) an entity based in the People’s Republic of 
China; or 
‘‘(2) any subsidiary that is owned or operated 
by an entity described in paragraph (1).’’. 
(b) DIVESTITURE OF ASSETS.—Not later than 30 
days after the date of enactment of this Act, the Federal 
Retirement Thrift Investment Board established under 
section 8472(a) of title 5, United States Code, shall— 
(1) review whether any sums in the Thrift Sav-
ings Fund are invested in violation of subsection (i) 
of section 8438 of that title, as added by subsection 
(a) of this section; 
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(2) if any sums are invested in the manner de-
scribed in paragraph (1), divest those sums in a 
manner that is consistent with the legal and fidu-
ciary duties provided under chapter 84 of that title, 
or any other applicable provision of law; and 
(3) reinvest any sums divested under paragraph 
(2) in investments that do not violate subsection (i) 
of section 8438 of that title, as added by subsection 
(a) of this section. 
(c) PROHIBITION ON INVESTMENT OF TSP FUNDS 
IN ENTITIES BASED IN THE PEOPLE’S REPUBLIC OF 
CHINA THROUGH THE TSP MUTUAL FUND WINDOW.— 
Section 8438(b)(5) of title 5, United States Code, is 
amended by adding at the end the following: 
‘‘(E) A mutual fund accessible through a 
mutual fund window authorized under this 
paragraph may not include an investment in 
any security of— 
‘‘(i) an entity based in the People’s 
Republic of China; or 
‘‘(ii) any subsidiary that is owned or 
operated by an entity described in clause 
(i).’’. 
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SEC. 114. ENACTMENT OF EXECUTIVE ORDER. 
(a) IN GENERAL.—The provisions of Executive Order 
13920 (85 Fed. Reg. 26595; relating to securing the 
United States bulk-power system (May 1, 2020)) (as in 
effect on May 1, 2020) are enacted into law. 
(b) PUBLICATION.—In publishing this Act in slip 
form and in the United States Statutes at Large pursuant 
to section 112 of title 1, United States Code, the Archivist 
of the United States shall include after the date of ap-
proval at the end an appendix setting forth the text of 
the Executive order referred to in subsection (a) (as in 
effect on May 1, 2020). 
SEC. 115. REVIEW BY COMMITTEE ON FOREIGN INVEST-
MENT IN THE UNITED STATES OF GREEN-
FIELD INVESTMENTS BY PEOPLE’S REPUBLIC 
OF CHINA. 
(a) INCLUSION IN DEFINITION OF COVERED TRANS-
ACTION.—Section 721(a)(4) of the Defense Production 
Act of 1950 (50 U.S.C. 4565(a)(4)) is amended— 
(1) in subparagraph (A)— 
(A) in clause (i), by striking ‘‘; and’’ and 
inserting a semicolon; 
(B) in clause (ii), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
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‘‘(iii) any transaction described in 
subparagraph (B)(vi) proposed or pending 
on or after the date of the enactment of 
the Countering Communist China Act.’’; 
and 
(2) in subparagraph (B), by adding at the end 
the following: 
‘‘(vi) An investment by a foreign per-
son that— 
‘‘(I) involves— 
‘‘(aa) 
the 
completed 
or 
planned purchase or lease by, or 
a concession to, the foreign per-
son of private or public real es-
tate in the United States; and 
‘‘(bb) the establishment of a 
United States business to operate 
a factory or other facility on that 
real estate; and 
‘‘(II) could result in control, in-
cluding through formal or informal 
arrangements to act in concert, of 
that United States business by— 
‘‘(aa) the Government of the 
People’s Republic of China; 
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‘‘(bb) a person owned or 
controlled by, or acting on behalf 
of, that Government; 
‘‘(cc) an entity in which that 
Government has, directly or indi-
rectly, including through formal 
or informal arrangements to act 
in concert, a 5 percent or greater 
interest; 
‘‘(dd) an entity in which 
that Government has, directly or 
indirectly, the right or power to 
appoint, or approve the appoint-
ment of, any members of the 
board of directors, board of su-
pervisors, or an equivalent gov-
erning body (including external 
directors and other individuals 
who perform the duties usually 
associated with such titles) or of-
ficers (including the president, 
senior vice president, executive 
vice president, and other individ-
uals who perform duties normally 
associated with such titles) of 
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any other entity that held, di-
rectly or indirectly, including 
through formal or informal ar-
rangements to act in concert, a 5 
percent or greater interest in the 
entity in the preceding 3 years; 
or 
‘‘(ee) an entity in which any 
members or officers described in 
item (dd) of any other entity 
holding, directly or indirectly, in-
cluding through formal or infor-
mal arrangements to act in con-
cert, a 5 percent or greater inter-
est in the entity are members of 
the Chinese Communist Party or 
have been members of the Chi-
nese Communist Party in the 
preceding 3 years.’’. 
(b) DEFINITION OF GOVERNMENT OF PEOPLE’S RE-
PUBLIC OF CHINA.—Section 721(a) of the Defense Pro-
duction Act of 1950 (50 U.S.C. 4565(a)) is amended— 
(1) by redesignating paragraphs (8) through 
(13) as paragraphs (9) through (14), respectively; 
and 
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(2) by inserting after paragraph (7) the fol-
lowing: 
‘‘(7) GOVERNMENT OF PEOPLE’S REPUBLIC OF 
CHINA.—The term ‘Government of the People’s Re-
public of China’ includes the national and sub-
national governments within the People’s Republic of 
China, including any departments, agencies, or in-
strumentalities of such governments.’’. 
(c) MANDATORY FILING OF DECLARATIONS.—Sec-
tion 721(b)(1)(C)(v)(IV)(bb) of the Defense Production 
Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is 
amended by adding at the end the following: 
‘‘(DD) 
GREENFIELD 
INVESTMENTS BY PEOPLE’S 
REPUBLIC
OF
CHINA.—The 
parties to a covered trans-
action 
described 
in 
sub-
section (a)(4)(B)(vi) shall 
submit a declaration de-
scribed in subclause (I) with 
respect to the transaction.’’. 
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SEC. 116. MODIFICATION OF AUTHORITIES TO REGULATE 
OR PROHIBIT THE IMPORTATION OR EXPOR-
TATION 
OF 
INFORMATION 
OR 
INFORMA-
TIONAL MATERIALS CONTAINING SENSITIVE 
PERSONAL 
DATA 
UNDER 
THE 
INTER-
NATIONAL EMERGENCY ECONOMIC POWERS 
ACT. 
(a) IN GENERAL.—Section 203 of the International 
Emergency Economic Powers Act (50 U.S.C. 1702) is 
amended— 
(1) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘to regulate or prohibit, directly or 
indirectly’’ and inserting ‘‘to directly regulate or 
prohibit’’; and 
(B) in the first sentence of paragraph 
(3)— 
(i) by striking ‘‘but not limited to,’’; 
and 
(ii) by inserting ‘‘, but excluding sen-
sitive personal data’’; and 
(2) by adding at the end the following: 
‘‘(d) SENSITIVE PERSONAL DATA DEFINED.—In 
subsection (b)(3), the term ‘sensitive personal data’ means 
any of the following: 
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‘‘(1) Personally identifiable information, includ-
ing the following: 
‘‘(A) Financial data that could be used to 
analyze or determine an individual’s financial 
distress or hardship. 
‘‘(B) The set of data in a consumer report, 
as defined under section 603 of the Fair Credit 
Reporting Act (15 U.S.C. 1681a), unless such 
data is obtained from a consumer reporting 
agency for one or more purposes identified in 
subsection (a) of such section. 
‘‘(C) The set of data in an application for 
health insurance, long-term care insurance, pro-
fessional liability insurance, mortgage insur-
ance, or life insurance. 
‘‘(D) Data relating to the physical, mental, 
or psychological health condition of an indi-
vidual. 
‘‘(E) Non-public electronic communica-
tions, including email, messaging, or chat com-
munications, between or among users of a 
United States business’s products or services if 
a primary purpose of such product or service is 
to facilitate third-party user communications. 
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‘‘(F) Geolocation data collected using posi-
tioning systems, cell phone towers, or WiFi ac-
cess points such as via a mobile application, ve-
hicle GPS, other onboard mapping tool, or 
wearable electronic device. 
‘‘(G) Biometric enrollment data including 
facial, voice, retina/iris, and palm/fingerprint 
templates. 
‘‘(H) Data stored and processed for gener-
ating a Federal, State, tribal, territorial, or 
other government identification card. 
‘‘(I) Data concerning United States Gov-
ernment personnel security clearance status. 
‘‘(J) The set of data in an application for 
a United States Government personnel security 
clearance or an application for employment in a 
position of public trust. 
‘‘(2) Genetic information, which includes the re-
sults of an individual’s genetic tests, including any 
related genetic sequencing data, whenever such re-
sults, in isolation or in combination with previously 
released or publicly available data, constitute identi-
fiable data. Such results shall not include data de-
rived from databases maintained by the United 
States Government and routinely provided to private 
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parties for purposes of research. For purposes of 
this paragraph, the term ‘genetic test’ has the mean-
ing provided in section 2791(d)(17) of the Public 
Health Service Act (42 U.S.C. 300gg–91(d)(17)).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section— 
(1) take effect on the date of the enactment of 
this Act; and 
(2) apply with respect to any exercise of the au-
thority granted to the President under section 203 
of the International Emergency Economic Powers 
Act on or after such date of enactment. 
SEC. 117. PROHIBITING THE PURCHASE OF AGRICULTURAL 
LAND LOCATED IN THE UNITED STATES. 
The Secretary of Agriculture shall take such actions 
as may be necessary to prohibit the purchase of agricul-
tural land located in the United States by companies 
owned, in full or in part, by the People’s Republic of 
China. Beginning on the date of the enactment of this Act, 
agricultural land owned by the People’s Republic of China 
or companies owned, in full or in part, by the People’s 
Republic of China shall not be eligible for participation 
in programs administered by the Secretary of Agriculture. 
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TITLE II—MATTERS RELATING 
TO CHINA’S ROLE IN COVID–19 
SEC. 201. DECLASSIFICATION OF INFORMATION RELATED 
TO THE ORIGIN OF COVID–19. 
Not later than 90 days after the date of the enact-
ment of this Act, the Director of National Intelligence 
shall— 
(1) declassify any and all information relating 
to potential links between the Wuhan Institute of Vi-
rology and the origin of the Coronavirus Disease 
2019 (COVID–19), including— 
(A) activities performed by the Wuhan In-
stitute of Virology with or on behalf of the Peo-
ple’s Liberation Army; 
(B) coronavirus research or other related 
activities performed at the Wuhan Institute of 
Virology prior to the outbreak of COVID–19; 
and 
(C) researchers at the Wuhan Institute of 
Virology who fell ill in autumn 2019, including 
for any such researcher— 
(i) the researcher’s name; 
(ii) the researcher’s symptoms; 
(iii) the date of the onset of the re-
searcher’s symptoms; 
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(iv) the researcher’s role at the 
Wuhan Institute of Virology; 
(v) whether the researcher was in-
volved with or exposed to coronavirus re-
search at the Wuhan Institute of Virology; 
(vi) whether the researcher visited a 
hospital while they were ill; and 
(vii) a description of any other actions 
taken by the researcher that may suggest 
they were experiencing a serious illness at 
the time; and 
(2) submit to Congress an unclassified report 
that contains— 
(A) all of the information described under 
paragraph (1); and 
(B) only such redactions as the Director 
determines necessary to protect sources and 
methods. 
SEC. 202. AMENDMENT TO DEPARTMENT OF STATE RE-
WARDS PROGRAM. 
Subsection (b) of section 36 of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 2708) is amend-
ed— 
(1) in paragraph (12), by striking ‘‘or’’ after 
the semicolon at the end; 
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(2) in paragraph (13), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
paragraph. 
‘‘(14) the identification of credible information 
regarding the origins of COVID–19, or any person 
or entity involved in the coverup of the origins of 
COVID–19, or the identification of any person or 
entity that provides nonpublic information related to 
gain of function research connected to Chinese lab-
oratories, including the Wuhan Institute of Virology, 
with relation to coronaviruses that has been covered 
up by the Government of China and the Chinese 
Communist Party.’’. 
SEC. 203. EXECUTIVE STRATEGY TO SEEK REIMBURSE-
MENT FROM CHINA OF FUNDS MADE AVAIL-
ABLE BY THE UNITED STATES GOVERNMENT 
TO ADDRESS COVID–19. 
(a) EXECUTIVE STRATEGY.—The President, in con-
sultation with the Secretary of the Treasury, and the Sec-
retary of State, shall develop and carry out a strategy to 
seek reimbursement from the People’s Republic of China 
of funds made available by the United States Government 
to address COVID–19. 
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(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, and annually thereafter, the 
President shall submit to the appropriate congressional 
committees a report on the strategy required under sub-
section (a) and its implementation. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Appropriations, the Com-
mittee on the Budget, and the Committee on Ways 
and Means of the House of Representatives; 
(2) the Committee on Appropriations, the Com-
mittee on the Budget, and the Committee on Fi-
nance of the Senate; and 
(3) the Joint Economic Committee. 
SEC. 204. PROHIBITION ON USE OF FUNDS TO SEEK MEM-
BERSHIP IN THE WORLD HEALTH ORGANIZA-
TION OR TO PROVIDE ASSESSED OR VOL-
UNTARY CONTRIBUTIONS TO THE WORLD 
HEALTH ORGANIZATION. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, no funds available to any Federal department 
or agency may be used to seek membership by the United 
States in the World Health Organization or to provide as-
sessed or voluntary contributions to the World Health Or-
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ganization until such time as the President certifies to 
Congress that the World Health Organization meets the 
conditions described in subsection (b). 
(b) CONDITIONS DESCRIBED.—The conditions de-
scribed in this subsection are the following: 
(1) The World Health Organization has adopt-
ed meaningful reforms to ensure that humanitarian 
assistance is not politicized and is to be provided to 
those with the most need. 
(2) The World Health Organization is not 
under the control or significant malign influence of 
the Chinese Communist Party. 
(3) The World Health Organization is not in-
volved in a coverup of the Chinese Communist Par-
ty’s response to the COVID–19 pandemic. 
(4) The World Health Organization grants ob-
server status to Taiwan. 
(5) The World Health Organization does not di-
vert humanitarian or medical supplies to Iran, North 
Korea, or Syria. 
(6) The World Health Organization has put in 
place mechanisms to increase transparency and ac-
countability in its operations and eliminate waste, 
fraud, and abuse. 
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SEC. 205. ESTABLISHMENT OF A JOINT SELECT COM-
MITTEE ON THE EVENTS AND ACTIVITIES 
SURROUNDING CHINA’S HANDLING OF THE 
2019 NOVEL CORONAVIRUS. 
There is hereby established in the Senate and the 
House of Representatives a joint select committee to be 
known as the ‘‘Joint Select Committee on the Events and 
Activities Surrounding China’s Handling of the 2019 
Novel Coronavirus’’ (hereafter referred to as the ‘‘Joint 
Select Committee’’). 
SEC. 206. MEMBERSHIP. 
(a) SELECTION AND APPOINTMENT.— 
(1) IN GENERAL.—The Joint Select Committee 
shall be composed of 20 Members of the House of 
Representatives and Senate, of whom— 
(A) 10 shall be Members of the House of 
Representatives, of whom 5 shall be appointed 
by the Speaker of the House of Representatives 
and 5 shall be appointed by the minority leader 
of the House of Representatives; and 
(B) 10 shall be Senators, of whom 5 shall 
be appointed by the majority leader of the Sen-
ate and 5 shall be appointed by the minority 
leader of the Senate. 
(2) TREATMENT OF DELEGATE AND RESIDENT 
COMMISSIONER.—For purposes of this section, a 
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‘‘Member’’ of the House of Representatives includes 
a Delegate or Resident Commissioner to the Con-
gress. 
(b) CO-CHAIRS.—Two of the members of the Joint 
Select Committee shall serve as co-chairs of the Joint Se-
lect Committee, and shall be appointed as follows: 
(1) One shall be a Member of the House of 
Representatives, who shall be appointed as co-chair 
by the Speaker of the House of Representatives in 
consultation with the majority leader of the Senate. 
(2) One shall be a Senator, who shall be ap-
pointed as co-chair by the minority leader of the 
Senate in consultation with the minority leader of 
the House of Representatives. 
(c) VACANCIES.—A vacancy in the membership of the 
Joint Select Committee (including a vacancy resulting be-
cause a member ceases to be a Member of the House of 
Representatives or a Senator) shall not affect its powers, 
and shall be filled not later than 14 calendar days after 
the date on which the vacancy occurs in the same manner 
as the original appointment was made. 
(d) DEADLINES.—Members of the Joint Select Com-
mittee and the co-chairs of the Joint Select Committee 
shall be appointed not later than 14 calendar days after 
the date of the adoption of this concurrent resolution. 
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SEC. 207. INVESTIGATION AND REPORT ON THE EVENTS 
SURROUNDING CHINA’S HANDLING OF THE 
2019 NOVEL CORONAVIRUS. 
(a) INVESTIGATION AND REPORT.—The Joint Select 
Committee is authorized and directed to conduct a full and 
complete investigation of, and to issue a final report to 
the House of Representatives and Senate regarding, the 
following: 
(1) The origins and causes of the 2019 novel 
coronavirus. 
(2) All policies, decisions, and activities by 
China regarding the origins and causes of such 
coronavirus. 
(3) All policies, decisions, and activities by 
China in response to the initial outbreak and spread 
of such coronavirus. 
(4) All policies, decisions, and activities by 
China to suppress facts and information regarding 
the spread, origins, causes, and transmission of such 
coronavirus, including efforts to silence those mak-
ing early warnings, punish whistleblowers, and re-
strict 
freedom 
of 
information 
about 
such 
coronavirus. 
(5) All policies, decisions, and activities by 
China to spread misinformation regarding the ori-
gins and causes of such coronavirus, including accu-
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sations and misinformation that the coronavirus was 
brought to the city of Wuhan by the United States 
military. 
(6) All policies, decisions, and activities by 
China to sideline, deny, and suppress charitable 
service organizations, institutions of civil society, 
secular and faith-based non-governmental organiza-
tions, international humanitarian organizations, and 
foreign governments offering to provide information, 
expertise, resources, and assistance to China and the 
Chinese people to combat such coronavirus. 
(7) Accountability for policies, decisions and ac-
tivities related to influencing the World Health Or-
ganization’s response to the outbreak of such 
coronavirus, including individuals and entities re-
sponsible for those policies, decisions, and activities. 
(8) All policies, decisions, and activities by 
China to manufacture, produce, procure, possess, or 
hoard personal protective equipment and critical 
pharmaceutical 
components 
to 
manipulate 
or 
weaponize the supply chain against the international 
community, including the United States. 
(9) Vulnerabilities in the United States domes-
tic and global supply chain to combat a global pan-
demic due to reliance on Chinese manufacturing and 
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recommendations for decreasing dependence on Chi-
nese manufacturing by improving and securing a do-
mestic supply chain for antibiotics, viral drugs, crit-
ical pharmaceutical components, masks, and other 
personal protective equipment. 
(10) Information related to lessons learned 
from China’s handling of such coronavirus. 
(11) Any other relevant issues relating to Chi-
na’s actions that led to further spread of such 
coronavirus, China’s response to such coronavirus, 
or the investigation by the Joint Select Committee 
into China regarding such coronavirus. 
(12) Any recommendations to Congress and the 
executive branch regarding actions the United States 
government should take in response to China’s han-
dling of such coronavirus. 
(b) TRANSFER OF RECORDS.—At the request of the 
co-chairs of the Joint Select Committee, any standing 
committee of the Senate or House of Representatives hav-
ing custody of records in any form relating to the matters 
described in subsection (a) shall transfer such records to 
the Joint Select Committee. 
(c) INTERIM REPORTS.—In addition to the final re-
port issued under subsection (a), the Joint Select Com-
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mittee may issue such interim reports as it considers nec-
essary. 
(d) CLASSIFIED ANNEX.—The Joint Select Com-
mittee may include a classified annex in any report issued 
under this section. 
(e) DEFINITIONS.— 
(1) CHINA.—In this section, the term ‘‘China’’ 
means the Government of the People’s Republic of 
China and any of the following: 
(A) An official of the Chinese Communist 
Party. 
(B) An official of the Government of the 
People’s Republic of China. 
(C) An agent or instrumentality of the 
Government of the People’s Republic of China. 
(D) Any other person owned or controlled 
by or acting on behalf of any person described 
in subparagraphs (A) through (C). 
(2) 2019 NOVEL CORONAVIRUS.—In this sub-
section, the term ‘‘2019 novel coronavirus’’ means 
the coronavirus disease (COVID–19) and severe 
acute respiratory syndrome coronavirus 2 (SARS– 
CoV–2). 
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SEC. 208. POWERS. 
(a) HEARINGS AND OTHER ACTIVITIES.—For the 
purpose of carrying out its duties, the Joint Select Com-
mittee may hold such hearings and undertake such other 
activities as the Joint Select Committee determines to be 
necessary to carry out its duties, whether the Congress 
is in session, has recessed, or has adjourned. 
(b) AUTHORITY TO USE SUBPOENAS.—The Joint Se-
lect Committee may require by subpoena the attendance 
of such witnesses and the production of such books, pa-
pers, and documents, as it considers appropriate. 
(c) ACCESS TO LEGISLATIVE BRANCH SERVICES.— 
The Joint Select Committee shall have access to the serv-
ices of the Government Accountability Office, the Congres-
sional Budget Office, and the Congressional Research 
Service in the same manner and under the same terms 
and conditions as any standing committee of the House 
of Representatives or Senate. 
(d) ADOPTION OF RULES.—Not later than 7 days 
after all of its members have been appointed, the Joint 
Select Committee shall adopt rules governing its oper-
ations, including rules governing the issuance of sub-
poenas and rules governing the use of official funds for 
travel by members and staff, and shall submit such rules 
to the Clerk of the House of Representatives and Sec-
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retary of the Senate for publication in the Congressional 
Record. 
SEC. 209. STAFF; FUNDING. 
(a) STAFF.— 
(1) USE OF EXISTING STAFF.—To the greatest 
extent practicable, the Joint Select Committee shall 
utilize the services of staff of employing offices of 
the Senate and House of Representatives. 
(2) AUTHORITY TO APPOINT STAFF.— 
(A) IN GENERAL.—Each of the co-chairs 
of the Joint Select Committee may appoint, 
prescribe the duties and responsibilities of, and 
fix the pay of such staff as the co-chair con-
siders appropriate to assist the Joint Select 
Committee in carrying out its duties, so long as 
the number of staff appointed by one of the co- 
chairs does not exceed the number of staff ap-
pointed by the other co-chair. 
(B) DETAIL OF CONGRESSIONAL EMPLOY-
EES.—Upon the joint request of the co-chairs, 
the head of an employing office of the House of 
Representatives or Senate (including a joint 
committee of the Congress) is authorized to de-
tail, without reimbursement, any of the staff of 
the office to the Joint Select Committee to as-
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sist the Joint Select Committee in carrying out 
its duties. 
(3) EXPERTS
AND
CONSULTANTS.—Section 
202(i) of the Legislative Reorganization Act of 1946 
(2 U.S.C. 4301(i)) shall apply with respect to the 
Joint Select Committee in the same manner as such 
section applies with respect to a standing committee 
of the Senate, except that any consultant whose 
services are procured by the Joint Select Committee 
shall be selected jointly by the co-chairs of the Joint 
Select Committee. 
(b) FUNDING.— 
(1) VOUCHERS.—Payments for expenses of the 
Joint Select Committee shall be made using vouch-
ers authorized by the Joint Select Committee, signed 
by co-chairs of the Joint Select Committee, and ap-
proved in a manner directed by the Committee on 
Rules and Administration of the Senate and the 
Committee on House Administration of the House of 
Representatives. 
(2) SOURCE OF FUNDS.—There are authorized 
to be appropriated such sums as may be necessary 
for the operation of the Joint Select Committee, of 
which— 
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(A) 50 percent shall be derived from the 
applicable accounts of the House of Representa-
tives; and 
(B) 50 percent shall be derived from the 
contingent fund of the Senate. 
SEC. 210. TERMINATION. 
(a) TERMINATION DATE.—The Joint Select Com-
mittee shall terminate 30 days after filing the final report 
required under section 207. 
(b) TRANSFER OF RECORDS.—Upon termination of 
the Joint Select Committee, the records of the Joint Select 
Committee shall be transferred to— 
(1) such committee or committees of the House 
of Representatives as may be designated by the 
Speaker of the House of Representatives; and 
(2) such committee or committees of the Senate 
as my be designated by the President pro tempore 
of the Senate. 
SEC. 211. STATEMENT OF POLICY. 
It shall be the policy of the United States to impose 
sanctions against governments of foreign states, and take 
other measures if the governments of such foreign states 
engage in an act or acts of gross negligence with respect 
to state owned, operated, or directed chemical or biological 
programs. 
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SEC. 212. AMENDMENTS TO THE CHEMICAL AND BIOLOGI-
CAL 
WEAPONS 
CONTROL 
AND 
WARFARE 
ELIMINATION ACT OF 1991. 
(a) PURPOSES AND DEFINITIONS.—Section 502 of 
the Chemical and Biological Weapons Control and War-
fare Elimination Act of 1991 (22 U.S.C. 5601) is amend-
ed— 
(1) in the section heading, by adding at the end 
before the period the following: ‘‘AND
DEFINI-
TIONS’’; 
(2) by striking ‘‘The purposes’’ and inserting 
‘‘(a) PURPOSES.—The purposes’’; 
(3) in paragraph (1)— 
(A) by striking ‘‘or use’’ and insert ‘‘use’’; 
and 
(B) by inserting ‘‘, or engage in an act or 
acts of gross negligence with respect to a chem-
ical or biological program owned, controlled, or 
directed by, or subject to the jurisdiction of the 
government of a foreign state’’ after ‘‘nation-
als’’; and 
(4) by adding at the end the following: 
‘‘(b) DEFINITIONS.—In this Act: 
‘‘(1) GROSS
NEGLIGENCE.—The term ‘gross 
negligence’, with respect to an act or acts of a gov-
ernment of a foreign state, includes the government 
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knew, or should have known, the act or acts would 
result in injury or damages to another foreign state 
or other such foreign states. 
‘‘(2) FOREIGN
STATE.—The term ‘foreign 
state’— 
‘‘(A)(i) has the meaning given that term in 
subsection (a) of section 1603 of title 28, 
United States Code; and 
‘‘(ii) includes an ‘agency or instrumentality 
of a foreign state’ as that term is defined in 
subsection (b) of such section; and 
‘‘(B) includes an entity that is— 
‘‘(i)(I) directly or indirectly owned, 
controlled, or beneficially owned by, or in 
an official or unofficial capacity acting as 
an agent of or on behalf of, the govern-
ment of a foreign state; or 
‘‘(II) received significant material 
support from the government of a foreign 
state; and 
‘‘(ii) engaged in providing commercial 
services, shipping, manufacturing, pro-
ducing, or exporting.’’. 
(b) DETERMINATIONS REGARDING USE OF CHEM-
ICAL
OR BIOLOGICAL WEAPONS.—Section 506 of the 
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Chemical and Biological Weapons Control and Warfare 
Elimination Act of 1991 (22 U.S.C. 5604) is amended— 
(1) in subsection (a)— 
(A) by redesignating paragraph (3) as 
paragraph (4); 
(B) by inserting after paragraph (2) the 
following: 
‘‘(3) ADDITIONAL
DETERMINATION
BY
THE 
PRESIDENT.— 
‘‘(A) WHEN
DETERMINATION
REQUIRED; 
NATURE OF DETERMINATION.—Whenever cred-
ible information becomes available to the execu-
tive branch indicating a substantial possibility 
that, on or after January 1, 2020, the govern-
ment of a foreign country has engaged in an 
act or acts of gross negligence with respect to 
a chemical or biological program owned, con-
trolled, or directed by, or subject to the jurisdic-
tion of the government of a foreign state, the 
President shall, within 60 days after the receipt 
of such information by the executive branch, de-
termine whether that government, on or after 
such date, has engaged in an act or acts of 
gross negligence with respect to a chemical or 
biological program owned, controlled, or di-
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rected by, or subject to the jurisdiction of the 
government of a foreign state. Section 507 ap-
plies if the President determines that that gov-
ernment has so engaged in such act or acts of 
gross negligence. 
‘‘(B) MATTERS TO BE CONSIDERED.—In 
making the determination under subparagraph 
(A), the President shall consider the following: 
‘‘(i) All physical and circumstantial 
evidence available bearing on the possibility 
that the government in question engaged 
in an act or acts of gross negligence with 
respect to a chemical or biological program 
owned, controlled, or directed by, or sub-
ject to the jurisdiction of the government 
of a foreign state. 
‘‘(ii) Whether evidence exists that 
such program or programs have civilian 
and military purposes or applications. 
‘‘(iii) Whether the government in 
question attempted to conceal or otherwise 
withhold information from other govern-
ments or international organizations re-
garding an act or acts of gross negligence. 
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‘‘(iv) Whether, and to what extent, 
the government in question is compliant 
with its obligations under the Biological 
and Toxin Weapons Convention or Conven-
tion on the Prohibition of the Develop-
ment, Production, Stockpiling and Use of 
Chemical Weapons and on their Destruc-
tion, as applicable. 
‘‘(v) Whether, and to what extent, the 
government in question is providing or oth-
erwise voluntarily disclosing substantive in-
formation to relevant international organi-
zations.’’; and 
(C) in paragraph (4) (as redesignated)— 
(i) in the first sentence, by inserting 
‘‘or (3)’’ after ‘‘paragraph (1)’’; 
(ii) in the second sentence, by insert-
ing ‘‘under paragraph (1)’’ after ‘‘deter-
mination’’; and 
(iii) by adding at the end the fol-
lowing: ‘‘If the determination under para-
graph (3) is that a foreign government had 
engaged in an act or acts of gross neg-
ligence with respect to a chemical or bio-
logical program owned, controlled, or di-
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rected by, or subject to the jurisdiction of 
the government of a foreign state, the re-
port shall specify the sanctions to be im-
posed pursuant to section 507A.’’; and 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘whether a particular 
foreign government’’ and inserting the fol-
lowing: ‘‘whether— 
‘‘(A) a particular foreign government’’; 
(ii) by striking the period at the end 
and inserting ‘‘; or’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) a particular foreign government, on 
or after January 1, 2020, has engaged in an 
act of acts of gross negligence with respect to 
a chemical or biological program owned, con-
trolled, or directed by, or subject to the jurisdic-
tion of the government of a foreign state.’’; and 
(B) in paragraph (2)— 
(i) in the first sentence— 
(I) by striking ‘‘whether the spec-
ified government’’ and inserting the 
following: ‘‘whether— 
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‘‘(A) the specified government’’; 
(II) by striking the period at the 
end and inserting ‘‘; or’’; and 
(III) by adding at the end the 
following: 
‘‘(B) the specified government, on or after 
January 1, 2020, has engaged in an act or acts 
of gross negligence with respect to a chemical 
or biological program owned, controlled, or di-
rected by, or subject to the jurisdiction of the 
government of a foreign state.’’; and 
(ii) in the second sentence— 
(I) by inserting ‘‘or (3)(B), as 
applicable’’ after ‘‘subsection (a)(2)’’; 
and 
(II) by moving the margin of the 
second sentence so it has the same 
level of indentation as margin of the 
matter preceding subparagraph (A) of 
the first sentence. 
(c) SANCTIONS AGAINST FOREIGN STATES WITH RE-
SPECT TO CHEMICAL OR BIOLOGICAL PROGRAMS.—The 
Chemical and Biological Weapons Control and Warfare 
Elimination Act of 1991 (22 U.S.C. 5601 et seq.) is 
amended by inserting after section 507 the following: 
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‘‘SEC. 507A. SANCTIONS AGAINST FOREIGN STATES WITH 
RESPECT TO CHEMICAL OR BIOLOGICAL 
PROGRAMS. 
‘‘(a) INITIAL SANCTIONS.— 
‘‘(1) IN GENERAL.—If the President makes a 
determination pursuant to section 506(a)(3) with re-
spect to the government of a foreign state, the Presi-
dent shall, within 30 days of making such deter-
mination, impose the sanctions described in para-
graph (2) with respect to the foreign state. 
‘‘(2) SANCTIONS
DESCRIBED.—The sanctions 
described in this paragraph are the following: 
‘‘(A) The United States Government shall 
suspend all scientific cooperative programs and 
efforts with the government of the foreign state. 
‘‘(B) The President shall prohibit the ex-
port to the foreign state of any goods, services 
or technology under Category 1 and Category 2 
of the Commerce Control List. 
‘‘(C) The United States Government may 
not procure, or enter into any contract for the 
procurement of, any goods or services from any 
person operating in the chemical or biological 
sectors of the foreign state. 
‘‘(b) INTERMEDIATE APPLICATION OF SANCTIONS.— 
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‘‘(1) DETERMINATION.—Not later than 120 
days after making a determination pursuant to sec-
tion 506(a)(3) with respect to a government of a for-
eign state, the President shall submit to the appro-
priate congressional committees a determination as 
to whether— 
‘‘(A) such government has adequately ad-
dressed an act an act or acts of gross neg-
ligence with respect to a chemical or biological 
program owned, controlled, or directed by, or 
subject to the jurisdiction of the government of 
a foreign state; 
‘‘(B) such government has developed or is 
developing necessary measures to prevent any 
future act or acts of gross negligence; 
‘‘(C) such government is providing or oth-
erwise voluntarily disclosing substantive infor-
mation to the United States and relevant inter-
national organizations; and 
‘‘(D) such government is compliant with 
its obligations under the Biological and Toxin 
Weapons Convention or the Convention on the 
Prohibition of the Development, Production, 
Stockpiling and Use of Chemical Weapons and 
on their Destruction, as applicable. 
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‘‘(2) EFFECT
OF
DETERMINATION.—If the 
President is unable to certify that a government of 
a foreign state has taken the actions described in 
subparagraphs (A), (B), (C), and (D) of paragraph 
(1), the President shall impose 2 or more of the 
sanctions described in paragraph (3) with respect to 
the government of the foreign state. 
‘‘(3) SANCTIONS
DESCRIBED.—The sanctions 
described in this paragraph are the following: 
‘‘(A) The United States Government shall 
terminate assistance to the government of the 
foreign state under the Foreign Assistance Act 
of 1961 (22 U.S.C. 2151 et seq.), except for ur-
gent humanitarian assistance and food or other 
agricultural commodities or products. 
‘‘(B) No sales of any defense articles, de-
fense services, or design and construction serv-
ices under the Arms Export Control Act (22 
U.S.C. 2751 et seq.) may be made to the gov-
ernment of the foreign state. 
‘‘(C) No licenses for export of any item on 
the United States Munitions List that include 
the government of the foreign state as a party 
to the license may be granted. 
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‘‘(D) No exports of any goods or tech-
nologies controlled for national security reasons 
under the Export Administration Regulations 
may be made to the government of the foreign 
state, except that such prohibition shall not 
apply to any transaction subject to the report-
ing requirements of title V of the National Se-
curity Act of 1947 (50 U.S.C. 413 et seq.; re-
lating to congressional oversight of intelligence 
activities). 
‘‘(E) The President may order the United 
States Government not to issue any specific li-
cense and not to grant any other specific per-
mission or authority to export any goods or 
technology to the government of the foreign 
state under— 
‘‘(i) the Export Control Reform Act of 
2018 (50 U.S.C. 4801 et seq.); 
‘‘(ii) the Arms Export Control Act (22 
U.S.C. 2751 et seq.); 
‘‘(iii) the Atomic Energy Act of 1954 
(42 U.S.C. 2011 et seq.); or 
‘‘(iv) any other statute that requires 
the prior review and approval of the 
United States Government as a condition 
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for the export or reexport of goods or serv-
ices. 
‘‘(c) FINAL APPLICATION OF SANCTIONS.— 
‘‘(1) DETERMINATION.—Not later than 210 
days after making a determination pursuant to sec-
tion 506(a)(3) with respect to a government of a for-
eign state, the President shall submit to the appro-
priate congressional committees a determination as 
to whether the government of the foreign state has 
taken the actions described in subparagraphs (A), 
(B), (C), and (D) of subsection (b)(1). 
‘‘(2) EFFECT
OF
DETERMINATION.—If the 
President is unable to certify that a government of 
a foreign state has taken the actions described in 
subparagraphs (A), (B), (C), and (D) of subsection 
(b)(1), the President shall impose the sanctions de-
scribed in paragraph (3) with respect to the govern-
ment of the foreign state. 
‘‘(3) SANCTIONS.—The sanctions described in 
this paragraph are the following: 
‘‘(A) The President shall, pursuant to such 
regulations as the President may prescribe, pro-
hibit any transactions in foreign exchange that 
are subject to the jurisdiction of the United 
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States and in which the government of the for-
eign state has any interest. 
‘‘(B) The President shall, pursuant to such 
regulations as the President may prescribe, pro-
hibit any transfers of credit or payments be-
tween one or more financial institutions or by, 
through, or to any financial institution, to the 
extent that such transfers or payments are sub-
ject to the jurisdiction of the United States and 
involve any interest of the government of the 
foreign state. 
‘‘(d) REMOVAL OF SANCTIONS.—The President shall 
remove the sanctions imposed with respect to the govern-
ment of a foreign state pursuant to this section if the 
President determines and so certifies to the Congress, 
after the end of the 12-month period beginning on the date 
on which sanctions were initially imposed on that govern-
ment of a foreign state pursuant to subsection (a), that— 
‘‘(1) such government has adequately addressed 
an act an act or acts of gross negligence with re-
spect to a chemical or biological program owned, 
controlled, or directed by, or subject to the jurisdic-
tion of the government of a foreign state; 
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‘‘(2) such government has developed or is devel-
oping necessary measures to prevent any future act 
or acts of gross negligence; 
‘‘(3) such government is providing or otherwise 
voluntarily disclosing substantive information to the 
United States and relevant international organiza-
tions; 
‘‘(4) such government is compliant with its obli-
gations under the Biological and Toxin Weapons 
Convention or Convention on the Prohibition of the 
Development, Production, Stockpiling and Use of 
Chemical Weapons and on their Destruction, as ap-
plicable; and 
‘‘(5) such government is making restitution to 
those affected by an act or acts of gross negligence 
with respect to a chemical or biological program 
owned, controlled, or directed by, or subject to the 
jurisdiction of the government of a foreign state, in-
cluding United States persons. 
‘‘(e) WAIVER.— 
‘‘(1) IN GENERAL.—The President may, for pe-
riods not to exceed 180 days, waive the imposition 
of sanctions under this section if the President cer-
tifies to the appropriate congressional committees 
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that such waiver is vital to the national security in-
terests of the United States. 
‘‘(2) SUNSET.—The President may not exercise 
the authority described in paragraph (1) beginning 
on the date that is 4 years after the date of enact-
ment of this section. 
‘‘(f) APPROPRIATE CONGRESSIONAL COMMITTEES 
DEFINED.—In this section, the term ‘appropriate congres-
sional committees’ means— 
‘‘(1) the Committee on Foreign Affairs and the 
Committee on Financial Services of the House of 
Representatives; and 
‘‘(2) the Committee on Foreign Relations and 
the Committee on Banking, Housing, and Urban Af-
fairs of the Senate.’’. 
SEC. 213. DETERMINATION REGARDING THE PEOPLE’S RE-
PUBLIC OF CHINA. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the President shall de-
termine whether reasonable grounds exist for concluding 
that the Government of the People’s Republic of China 
meets the criteria for engaging in an act or acts of gross 
negligence with respect to a chemical or biological program 
owned, controlled, or directed by, or subject to the juris-
diction of that government under section 506(a)(3) of the 
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Chemical and Biological Weapons Control and Warfare 
Elimination Act of 1991, as amended by section 3 of this 
Act. 
(b) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 30 days after 
making a determination under subsection (a), the 
President shall submit to the appropriate congres-
sional committees a report that includes the reasons 
for the determination. 
(2) FORM.—A report required by paragraph (1) 
shall be submitted in unclassified form but may in-
clude a classified annex. 
SEC. 214. REGULATORY AUTHORITY. 
(a) IN GENERAL.—The President shall, not later 
than 180 days after the date of the enactment of this Act, 
prescribe regulations as necessary for the implementation 
of sections 212 and 213 of this Act and the amendments 
made by this Act. 
(b) NOTIFICATION TO CONGRESS.—Not later than 10 
days before the prescription of regulations under sub-
section (a), the President shall notify the appropriate con-
gressional committees regarding the proposed regulations 
and the provisions of this Act and the amendments made 
by this Act that the regulations are implementing. 
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SEC. 215. APPROPRIATE CONGRESSIONAL COMMITTEES 
DEFINED. 
In this Act, the term ‘‘appropriate congressional com-
mittees’’ means— 
(1) the Committee on Foreign Affairs and the 
Committee on Financial Services of the House of 
Representatives; and 
(2) the Committee on Foreign Relations and 
the Committee on Banking, Housing, and Urban Af-
fairs of the Senate. 
SEC. 216. LIMITATION ON RESEARCH BY THE NATIONAL 
SCIENCE FOUNDATION AND NATIONAL INSTI-
TUTES OF HEALTH. 
Notwithstanding any other provision of law, none of 
the activities authorized for the National Science Founda-
tion and National Institutes of Health may include, con-
duct, or support any research— 
(1) using fetal tissue obtained from an induced 
abortion or any derivatives thereof, 
(2) in which a human embryo is created or de-
stroyed, discarded, or put at risk of injury, 
(3) in which an embryo-like entity is created 
wholly or in part from human cells or components, 
(4) in which a human embryo is intentionally 
created or modified to include a heritable genetic 
modification, or 
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(5) using any stem cell the derivation of which 
would be inconsistent with the standards established 
herein. 
SEC. 217. PROHIBITION ON CERTAIN HUMAN-ANIMAL CHI-
MERAS. 
Part I of title 18, United States Code, is amended 
by inserting after chapter 51 the following: 
‘‘CHAPTER 52—CERTAIN TYPES OF 
HUMAN-ANIMAL CHIMERAS PROHIBITED 
‘‘Sec. 
‘‘1131. Definitions. 
‘‘1132. Prohibition on certain human-animal chimeras. 
‘‘§ 1131. Definitions 
‘‘In this chapter the following definitions apply: 
‘‘(1) PROHIBITED HUMAN-ANIMAL CHIMERA.— 
The 
term 
‘prohibited 
human-animal 
chimera’ 
means— 
‘‘(A) a human embryo into which a 
nonhuman cell or cells (or the component parts 
thereof) have been introduced to render the em-
bryo’s membership in the species Homo sapiens 
uncertain; 
‘‘(B) a human-animal embryo produced by 
fertilizing a human egg with nonhuman sperm; 
‘‘(C) a human-animal embryo produced by 
fertilizing a nonhuman egg with human sperm; 
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‘‘(D) an embryo produced by introducing a 
nonhuman nucleus into a human egg; 
‘‘(E) an embryo produced by introducing a 
human nucleus into a nonhuman egg; 
‘‘(F) an embryo containing at least haploid 
sets of chromosomes from both a human and a 
nonhuman life form; 
‘‘(G) a nonhuman life form engineered 
such that human gametes develop within the 
body of a nonhuman life form; 
‘‘(H) a nonhuman life form engineered 
such that it contains a human brain or a brain 
derived wholly or predominantly from human 
neural tissues; 
‘‘(I) a nonhuman life form engineered such 
that it exhibits human facial features or other 
bodily morphologies to resemble human fea-
tures; or 
‘‘(J) an embryo produced by mixing 
human and nonhuman cells, such that— 
‘‘(i) human gametes develop within 
the body of the resultant organism; 
‘‘(ii) it contains a human brain or a 
brain derived wholly or predominantly from 
human neural tissues; or 
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‘‘(iii) it exhibits human facial features 
or other bodily morphologies to resemble 
human features. 
‘‘(2) HUMAN EMBRYO.—The term ‘human em-
bryo’ means an organism of the species Homo sapi-
ens during the earliest stages of development, from 
1 cell up to 8 weeks. 
‘‘§ 1132. Prohibition on certain human-animal chi-
meras 
‘‘(a) IN GENERAL.—It shall be unlawful for any per-
son to knowingly, in or otherwise affecting interstate com-
merce— 
‘‘(1) create or attempt to create a prohibited 
human-animal chimera; 
‘‘(2) transfer or attempt to transfer a human 
embryo into a nonhuman womb; 
‘‘(3) transfer or attempt to transfer a non-
human embryo into a human womb; or 
‘‘(4) transport or receive for any purpose a pro-
hibited human-animal chimera. 
‘‘(b) PENALTIES.— 
‘‘(1) IN GENERAL.—Whoever violates subsection 
(a) shall be fined under this title, imprisoned not 
more than 10 years, or both. 
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‘‘(2) CIVIL
PENALTY.—Whoever violates sub-
section (a) and derives pecuniary gain from such vio-
lation shall be subject to a civil fine of the greater 
of $1,000,000 and an amount equal to the amount 
of the gross gain multiplied by 2. 
‘‘(c) RULE OF CONSTRUCTION.—This section does 
not prohibit research involving the use of transgenic ani-
mal models containing human genes or transplantation of 
human organs, tissues, or cells into recipient animals, if 
such activities are not prohibited under subsection (a).’’. 
SEC. 218. TECHNICAL AMENDMENT. 
The table of chapters for part I of title 18, United 
States Code, is amended by inserting after the item relat-
ing to chapter 51 the following: 
‘‘52. Certain Types of Human-Animal Chimeras Prohib-
ited .............................................................................. 1131’’. 
TITLE III—MATTERS RELATING 
TO MEDICAL AND NATIONAL 
SECURITY SUPPLY CHAINS 
SEC. 301. REPORT AND RECOMMENDATION ON BARRIERS 
TO DOMESTIC MANUFACTURING OF MEDICAL 
PRODUCTS. 
(a) REPORT TO CONGRESS.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Health and Human Services (in this section referred 
to as the ‘‘Secretary’’), acting through the Commissioner 
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of Food and Drugs, shall submit to Congress a report on 
barriers, including regulatory inefficiencies, to domestic 
manufacturing of active pharmaceutical ingredients, fin-
ished drug products, and devices that are— 
(1) imported from outside of the United States; 
and 
(2) critical to the public health during a public 
health emergency declared by the Secretary under 
section 319 of the Public Health Service Act (42 
U.S.C. 247d). 
(b) CONTENT.—Such report shall— 
(1) identify factors that limit the manufac-
turing of active pharmaceutical ingredients, finished 
drug products, and devices described in subsection 
(a); and 
(2) recommend specific strategies to overcome 
the challenges identified under paragraph (1). 
(c) IMPLEMENTATION.—The Secretary may, to the 
extent appropriate, implement the strategies recommended 
under subsection (b)(2). 
(d) DEFINITION.—In this section, the term ‘‘active 
pharmaceutical ingredient’’ has the meaning given to such 
term in section 744A of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 379j–41). 
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SEC. 302. TAX INCENTIVES FOR RELOCATING MANUFAC-
TURING OF PHARMACEUTICALS AND MED-
ICAL 
SUPPLIES 
AND 
DEVICES 
TO 
THE 
UNITED STATES. 
(a) ACCELERATED DEPRECIATION
FOR NONRESI-
DENTIAL REAL PROPERTY.—Section 168 of the Internal 
Revenue Code of 1986 is amended by adding at the end 
the following new subsection: 
‘‘(n) ACCELERATED DEPRECIATION FOR NONRESI-
DENTIAL REAL PROPERTY ACQUIRED IN CONNECTION 
WITH THE RELOCATION OF MANUFACTURING OF PHAR-
MACEUTICALS AND MEDICAL SUPPLIES AND DEVICES TO 
THE UNITED STATES.— 
‘‘(1) TREATMENT AS 20-YEAR PROPERTY.—For 
purposes of this section, qualified nonresidential real 
property shall be treated as 20-year property. 
‘‘(2) APPLICATION OF BONUS DEPRECIATION.— 
For application of bonus depreciation to qualified 
nonresidential real property, see subsection (k). 
‘‘(3) QUALIFIED NONRESIDENTIAL REAL PROP-
ERTY.—For purposes of this subsection, the term 
‘qualified nonresidential real property’ means non-
residential real property placed in service in the 
United States by a qualified manufacturer if such 
property is acquired by such qualified manufacturer 
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in connection with a qualified relocation of manufac-
turing. 
‘‘(4) QUALIFIED
MANUFACTURER.—For pur-
poses of this subsection, the term ‘qualified manu-
facturer’ means any person engaged in the trade or 
business of manufacturing a qualified medical prod-
uct. 
‘‘(5) QUALIFIED MEDICAL PRODUCT.—For pur-
poses of this subsection, the term ‘qualified medical 
product’ means any pharmaceutical, medical device, 
or medical supply. 
‘‘(6) QUALIFIED
RELOCATION
OF
MANUFAC-
TURING.—For purposes of this subsection— 
‘‘(A) IN
GENERAL.—The term ‘qualified 
relocation of manufacturing’ means, with re-
spect to any qualified manufacturer, the reloca-
tion of the manufacturing of a qualified medical 
product from a foreign country to the United 
States. 
‘‘(B) RELOCATION OF PROPERTY NOT RE-
QUIRED.—For purposes of subparagraph (A), 
manufacturing shall not fail to be treated as re-
located merely because property used in such 
manufacturing was not relocated. 
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‘‘(C) RELOCATION
OF
NOT
LESS
THAN 
EQUIVALENT
PRODUCTIVE
CAPACITY
RE-
QUIRED.—For purposes of subparagraph (A), 
manufacturing shall not be treated as relocated 
unless the property manufactured in the United 
States is substantially identical to the property 
previously manufactured in a foreign country 
and the increase in the units of production of 
such property in the United States by the quali-
fied manufacturer is not less than the reduction 
in the units of production of such property in 
such foreign country by such qualified manufac-
turer. 
‘‘(7) APPLICATION
TO
POSSESSIONS
OF
THE 
UNITED STATES.—For purposes of this subsection, 
the term ‘United States’ includes any possession of 
the United States.’’. 
(b) EXCLUSION OF GAIN ON DISPOSITION OF PROP-
ERTY IN CONNECTION WITH QUALIFIED RELOCATION OF 
MANUFACTURING.— 
(1) IN GENERAL.—Part III of subchapter B of 
chapter 1 of such Code is amended by inserting 
after section 139H the following new section: 
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‘‘SEC. 139I. EXCLUSION OF GAIN ON DISPOSITION OF PROP-
ERTY IN CONNECTION WITH QUALIFIED RE-
LOCATION OF MANUFACTURING. 
‘‘(a) IN GENERAL.—In the case of a qualified manu-
facturer, gross income shall not include gain from the sale 
or exchange of qualified relocation disposition property. 
‘‘(b) QUALIFIED RELOCATION DISPOSITION PROP-
ERTY.—For purposes of this section, the term ‘qualified 
relocation disposition property’ means any property 
which— 
‘‘(1) is sold or exchanged by a qualified manu-
facturer in connection with a qualified relocation of 
manufacturing, and 
‘‘(2) was used by such qualified manufacturer 
in the trade or business of manufacturing a qualified 
medical product in the foreign country from which 
such manufacturing is being relocated. 
‘‘(c) OTHER TERMS.—Terms used in this section 
which are also used in subsection (n) of section 168 shall 
have the same meaning when used in this section as when 
used in such subsection.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for part III of subchapter B of chapter 1 of 
such Code is amended by inserting after the item re-
lating to section 139H the following new item: 
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‘‘Sec. 139I. Exclusion of gain on disposition of property in connection with 
qualified relocation of manufacturing.’’. 
(c) EFFECTIVE DATES.— 
(1) 
ACCELERATED
DEPRECIATION.—The 
amendment made by subsection (a) shall apply to 
property placed in service after the date of the en-
actment of this Act. 
(2) EXCLUSION
OF
GAIN.—The amendments 
made by subsection (b) shall apply to sales and ex-
changes after the date of the enactment of this Act. 
SEC. 303. PRINCIPAL NEGOTIATING OBJECTIVES OF THE 
UNITED STATES RELATING TO TRADE IN 
COVERED PHARMACEUTICAL PRODUCTS. 
Section 102(b) of the Bipartisan Congressional Trade 
Priorities and Accountability Act of 2015 (19 U.S.C. 
4201(b)) is amended by adding at the end the following: 
‘‘(23) TRADE
IN
COVERED
PHARMACEUTICAL 
PRODUCTS.— 
‘‘(A) IN GENERAL.—It is the objective of 
the United States to negotiate a plurilateral 
agreement among trusted allies relating to 
trade in covered pharmaceutical products to 
which section 103(b) will apply, for which the 
principal negotiating objectives of the United 
States are the following: 
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‘‘(i) To ensure that a party to the 
agreement adopts and maintains measures 
to eliminate the imposition or reimposition 
of tariffs on imports of such products, par-
ticularly in the event of a declared emer-
gency. 
‘‘(ii) To ensure that a party to the 
agreement— 
‘‘(I) will reduce or eliminate reg-
ulatory and other technical barriers in 
the pharmaceutical sector; 
‘‘(II) will promote expedited ap-
proval of facilities for the production 
of such products being built by busi-
ness enterprises that operate one or 
more such facilities in the territory of 
the party; 
‘‘(III) will promote the use of 
good regulatory practices and stream-
lined regulatory review and approval 
processes for the production of such 
products in the territory of the party; 
‘‘(IV) will eliminate duplicated 
actions and other barriers to reduce 
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the time for approvals of both facili-
ties and such products; and 
‘‘(V) will expand transparency 
and cooperation with other parties 
and their manufacturers, working col-
laboratively, 
to 
ensure 
regulatory 
processes are streamlined and har-
monized among other parties to the 
maximum extent possible. 
‘‘(iii) To prohibit export restraints 
against parties to the agreement, particu-
larly in the event of a declared emergency. 
‘‘(iv) With respect to use of sub-
sidies— 
‘‘(I) to encourage the coordinated 
provision of those types of subsidies 
that are classified under World Trade 
Organization rules as ‘non-prohibited’, 
such as subsidies that are not contin-
gent on exports or import-substi-
tution, to incentivize manufacturing of 
such products, including the provision 
of grants, loans, tax incentives, and 
guaranteed price and volume con-
tracts; 
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‘‘(II) to explicitly permit, among 
parties to the agreement, the use of 
production subsidies to build pharma-
ceutical manufacturing capacity; 
‘‘(III) to affirm that subsidies 
provided by parties are not intended 
to be used primarily for export or to 
distort trade; 
‘‘(IV) to affirm parties’ commit-
ments under the Antidumping Agree-
ment and the Agreement on Subsidies 
and Countervailing Measures, includ-
ing the recognition that ‘dumping, by 
which products of one country are in-
troduced into the commerce of an-
other country at less than the normal 
value of the products, is to be con-
demned if it causes or threatens mate-
rial injury to an established industry 
in the territory of a contracting party 
or materially retards the establish-
ment of a domestic industry’; and 
‘‘(V) to encourage notification 
and consultation among parties as 
they are considering pharmaceutical 
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14 manufacturing subsidies to in-
crease coordination and avoid creating 
conditions such as oversupply or mar-
ket inefficiencies among the parties. 
‘‘(v) With respect to government pro-
curement— 
‘‘(I) to provide reciprocal access 
to government procurements for such 
products in parties to the agreement; 
‘‘(II) to increase coordination be-
tween participant countries and facili-
tate the involvement of participant 
countries’ companies in bids to supply 
such products; and 
‘‘(III) to ensure that any partici-
pant in the agreement that is not al-
ready so designated, becomes des-
ignated for purposes of section 301 of 
the Trade Agreements Act of 1979 
(19 U.S.C. 2511). 
‘‘(vi) With respect to trade in serv-
ices— 
‘‘(I) to obtain fair, open, and 
transparent access to supply chain 
services in the markets of parties to 
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the agreement, such as distribution, 
logistics, and transportation services; 
‘‘(II) to ensure any restrictions 
or regulatory requirements maintained 
on such services are adopted and 
maintained in a transparent and effi-
cient manner; and 
‘‘(III) to require parties to estab-
lish an internal process for identifying 
restrictions or regulatory require-
ments that could be waived in the 
event of a declared emergency. 
‘‘(vii) With respect to transparency 
and trade facilitation— 
‘‘(I) 
to 
obtain 
commitments 
among parties to the agreement to de-
velop mechanisms for sharing infor-
mation 
on 
pharmaceutical 
supply 
chain constraints and coordinate ap-
proaches with parties to minimize 
risks that could lead to supply chain 
failures; and 
‘‘(II) to the extent they have not 
done so yet, to obtain commitments 
from parties that they will fully imple-
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ment the obligations under the World 
Trade Organization’s Agreement on 
Trade Facilitation prior to the date 
the agreement enters into force. 
‘‘(viii) With respect to enforcement— 
‘‘(I) to ensure that benefits under 
the agreement can only be obtained by 
parties that are fully meeting their ob-
ligations under the agreement; 
‘‘(II) to ensure that parties will 
not bring a dispute under another 
agreement for actions that are con-
sistent with the agreement; and 
‘‘(III) to provide a dispute settle-
ment mechanism comparable to the 
dispute settlement provisions of the 
Agreement between the United States 
of America, the United Mexican 
States, and Canada. 
‘‘(ix) To minimize the ability of par-
ties to the agreement to undermine the ef-
fectiveness of the agreement by abusing ex-
ceptions in the agreement by including ad-
ditional procedural requirements, such as 
notification of intent to rely on an excep-
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100 
tion at the time an inconsistent action is 
taken, and limiting the duration that par-
ticipants may rely on an exception. 
‘‘(B) DEFINITIONS.—In this paragraph: 
‘‘(i) ACTIVE PHARMACEUTICAL INGRE-
DIENT.—The term ‘active pharmaceutical 
ingredient’— 
‘‘(I) means any component that 
is intended to furnish pharmacological 
activity or other direct effect in the 
diagnosis, cure, mitigation, treatment, 
or prevention of a disease, or to affect 
the structure or any function of the 
body of a human or animal; and 
‘‘(II) does not include— 
‘‘(aa) intermediates used in 
the synthesis of a drug product; 
or 
‘‘(bb) components that may 
undergo chemical change in the 
manufacture of a drug product 
and be present in a drug product 
in a modified form that is in-
tended to furnish such activity or 
effect. 
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101 
‘‘(ii) AGREEMENT ON SUBSIDIES AND 
COUNTERVAILING
MEASURES.—The term 
‘Agreement on Subsidies and Counter-
vailing Measures’ means the agreement re-
ferred to in section 101(d)(12) of the Uru-
guay Round Agreements Act (19 U.S.C. 
3511(d)(12)). 
‘‘(iii) ANTIDUMPING
AGREEMENT.— 
The term ‘Antidumping Agreement’ means 
the Agreement on Implementation of Arti-
cle VI of the General Agreement on Tariffs 
and Trade 1994 referred to in section 
101(d)(7) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3511(d)(7)). 
‘‘(iv) 
BIOLOGICAL
PRODUCT.—The 
term ‘biological product’ has the meaning 
given to such term in section 351(i) of the 
Public Health Service Act (42 U.S.C. 
262(i)). 
‘‘(v) 
COVERED
PHARMACEUTICAL 
PRODUCT.—The term ‘covered pharma-
ceutical product’ means— 
‘‘(I) a drug (including a biologi-
cal product); or 
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102 
‘‘(II) an active pharmaceutical 
ingredient.’’. 
SEC. 304. REAUTHORIZATION OF TRADE AGREEMENTS AU-
THORITY. 
Section 103 of the Bipartisan Congressional Trade 
Priorities and Accountability Act of 2015 (19 U.S.C. 
4202) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘July 1, 2018’’ each place 
it appears and inserting ‘‘July 1, 2023’’; and 
(B) by striking ‘‘July 1, 2021’’ each place 
it appears and inserting ‘‘July 1, 2026’’; 
(2) in subsection (b)— 
(A) by striking ‘‘July 1, 2018’’ each place 
it appears and inserting ‘‘July 1, 2023’’; and 
(B) by striking ‘‘July 1, 2021’’ each place 
it appears and inserting ‘‘July 1, 2026’’; and 
(3) in subsection (c)— 
(A) by striking ‘‘July 1, 2018’’ each place 
it appears and inserting ‘‘July 1, 2023’’; 
(B) by striking ‘‘June 30, 2018’’ and in-
serting ‘‘June 30, 2023’’; 
(C) in paragraph (1)(B), by striking ‘‘July 
1, 2021’’ and inserting ‘‘July 1, 2026’’; 
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103 
(D) in paragraph (2), by striking ‘‘April 1, 
2018’’ and inserting ‘‘April 1, 2023’’; and 
(E) in paragraph (3), by striking ‘‘June 1, 
2018’’ and inserting ‘‘June 1, 2023’’. 
SEC. 305. SECURING ESSENTIAL MEDICAL MATERIALS. 
(a) STATEMENT OF POLICY.—Section 2(b) of the De-
fense Production Act of 1950 (50 U.S.C. 4502) is amend-
ed— 
(1) by redesignating paragraphs (3) through 
(8) as paragraphs (4) through (9), respectively; and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) authorities under this Act should be used 
when appropriate to ensure the availability of med-
ical materials essential to national defense, including 
through measures designed to secure the drug sup-
ply chain, and taking into consideration the impor-
tance of United States competitiveness, scientific 
leadership and cooperation, and innovative capac-
ity;’’. 
(b) STRENGTHENING DOMESTIC CAPABILITY.—Sec-
tion 107 of the Defense Production Act of 1950 (50 
U.S.C. 4517) is amended— 
(1) in subsection (a), by inserting ‘‘(including 
medical materials)’’ after ‘‘materials’’; and 
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104 
(2) in subsection (b)(1), by inserting ‘‘(includ-
ing medical materials such as drugs, devices, and bi-
ological products to diagnose, cure, mitigate, treat, 
or prevent disease that are essential to national de-
fense)’’ after ‘‘essential materials’’. 
(c) STRATEGY ON SECURING SUPPLY CHAINS FOR 
MEDICAL MATERIALS.—Title I of the Defense Production 
Act of 1950 (50 U.S.C. 4511 et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR 
MEDICAL MATERIALS. 
‘‘(a) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this section, the President, 
in consultation with the Secretary of Health and Human 
Services, the Secretary of Commerce, the Secretary of 
Homeland Security, and the Secretary of Defense, shall 
transmit a strategy to the appropriate Members of Con-
gress that includes the following: 
‘‘(1) A detailed plan to use the authorities 
under this title and title III, or any other provision 
of law, to ensure the supply of medical materials (in-
cluding drugs, devices, and biological products (as 
that term is defined in section 351 of the Public 
Health Service Act (42 U.S.C. 262)) to diagnose, 
cure, mitigate, treat, or prevent disease) essential to 
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105 
national defense, to the extent necessary for the pur-
poses of this Act. 
‘‘(2) An analysis of vulnerabilities to existing 
supply chains for such medical materials, and rec-
ommendations to address the vulnerabilities. 
‘‘(3) Measures to be undertaken by the Presi-
dent to diversify such supply chains, as appropriate 
and as required for national defense. 
‘‘(4) A discussion of— 
‘‘(A) any significant effects resulting from 
the plan and measures described in this sub-
section on the production, cost, or distribution 
of biological products (as that term is defined 
in section 351 of the Public Health Service Act 
(42 U.S.C. 262)) or any other devices or drugs 
(as defined under the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 301 et seq.)); 
‘‘(B) a timeline to ensure that essential 
components of the supply chain for medical ma-
terials are not under the exclusive control of a 
foreign government in a manner that the Presi-
dent determines could threaten the national de-
fense of the United States; and 
‘‘(C) efforts to mitigate any risks resulting 
from the plan and measures described in this 
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subsection to United States competitiveness, 
scientific leadership, and innovative capacity, 
including efforts to cooperate and proactively 
engage with United States allies. 
‘‘(b) PROGRESS REPORT.—Following submission of 
the strategy under subsection (a), the President shall sub-
mit to the appropriate Members of Congress an annual 
progress report until September 30, 2025, evaluating the 
implementation of the strategy, and may include updates 
to the strategy as appropriate. The strategy and progress 
reports shall be submitted in unclassified form but may 
contain a classified annex. 
‘‘(c) APPROPRIATE MEMBERS OF CONGRESS.—The 
term ‘appropriate Members of Congress’ means the 
Speaker, majority leader, and minority leader of the 
House of Representatives, the majority leader and minor-
ity leader of the Senate, the Chairman and Ranking Mem-
ber of the Committee on Financial Services of the House 
of Representatives, and the Chairman and Ranking Mem-
ber of the Committee on Banking, Housing, and Urban 
Affairs of the Senate.’’. 
SEC. 306. INVESTMENT IN SUPPLY CHAIN SECURITY. 
(a) IN GENERAL.—Section 303 of the Defense Pro-
duction Act of 1950 (50 U.S.C. 4533) is amended by add-
ing at the end the following: 
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‘‘(h) INVESTMENT IN SUPPLY CHAIN SECURITY.— 
‘‘(1) IN GENERAL.—In addition to other au-
thorities in this title, the President may make avail-
able to an eligible entity described in paragraph (2) 
payments to increase the security of supply chains 
and supply chain activities, if the President certifies 
to Congress not less than 30 days before making 
such a payment that the payment is critical to meet 
national defense requirements of the United States. 
‘‘(2) ELIGIBLE ENTITY.—An eligible entity de-
scribed in this paragraph is an entity that— 
‘‘(A) is organized under the laws of the 
United States or any jurisdiction within the 
United States; and 
‘‘(B) produces— 
‘‘(i) one or more critical components; 
‘‘(ii) critical technology; or 
‘‘(iii) one or more products or raw 
materials for the security of supply chains 
or supply chain activities. 
‘‘(3) DEFINITIONS.—In this subsection, the 
terms ‘supply chain’ and ‘supply chain activities’ 
have the meanings given those terms by the Presi-
dent by regulation.’’. 
(b) REGULATIONS.— 
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(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the President 
shall prescribe regulations setting forth definitions 
for the terms ‘‘supply chain’’ and ‘‘supply chain ac-
tivities’’ for the purposes of section 303(h) of the 
Defense Production Act of 1950 (50 U.S.C. 
4533(h)), as added by subsection (a). 
(2) SCOPE OF DEFINITIONS.—The definitions 
required by paragraph (1)— 
(A) shall encompass— 
(i) the organization, people, activities, 
information, and resources involved in the 
delivery and operation of a product or serv-
ice used by the Government; or 
(ii) critical infrastructure as defined 
in Presidential Policy Directive 21 (Feb-
ruary 12, 2013; relating to critical infra-
structure security and resilience); and 
(B) may include variations as determined 
necessary and appropriate by the President for 
purposes of national defense. 
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SEC. 307. PERMIT PROCESS FOR PROJECTS RELATING TO 
EXTRACTION, RECOVERY, OR PROCESSING 
OF CRITICAL MATERIALS. 
(a) DEFINITION
OF COVERED PROJECT.—Section 
41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) 
is amended— 
(1) in clause (i)(III), by striking ‘‘; or’’ and in-
serting a semicolon; 
(2) in clause (ii)(II), by striking the period and 
inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(iii) is related to the extraction, re-
covery, or processing from coal, coal waste, 
coal processing waste, pre- or post-combus-
tion coal byproducts, or acid mine drainage 
from coal mines of one of the following 
materials: 
‘‘(I) Critical minerals (as such 
term is defined in section 7002 of the 
Energy Act of 2020). 
‘‘(II) Rare earth elements. 
‘‘(III) Microfine carbon or carbon 
from coal.’’. 
(b) REPORT.—Not later than 6 months after the date 
of enactment of this Act, the Secretary of the Interior 
shall submit to the Committees on Energy and Natural 
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110 
Resources and Commerce, Science, and Transportation of 
the Senate and the Committees on Transportation and In-
frastructure, Natural Resources, and Energy and Com-
merce of the House of Representatives a report evaluating 
the timeliness of implementation of reforms of the permit-
ting process required as a result of the amendments made 
by this Act on the following: 
(1) The economic and national security of the 
United States. 
(2) Domestic production and supply of critical 
minerals, rare earths, and microfine carbon or car-
bon from coal. 
TITLE IV—MATTERS RELATING 
TO RESEARCH AND DEVELOP-
MENT 
SEC. 401. PERMANENT FULL EXPENSING FOR QUALIFIED 
PROPERTY. 
(a) IN GENERAL.—Paragraph (6) of section 168(k) 
of the Internal Revenue Code of 1986 is amended to read 
as follows: 
‘‘(6) APPLICABLE PERCENTAGE.—For purposes 
of this subsection, the term ‘applicable percentage’ 
means, in the case of property placed in service (or, 
in the case of a specified plant described in para-
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111 
graph (5), a plant which is planted or grafted) after 
September 27, 2017, 100 percent.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 168(k) of the Internal Revenue 
Code of 1986 is amended— 
(A) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) in clause (i)(V), by inserting 
‘‘and’’ at the end; 
(II) in clause (ii), by striking 
‘‘clause (ii) of subparagraph (E), 
and’’ and inserting ‘‘clause (i) of sub-
paragraph (E).’’; and 
(III) by striking clause (iii); 
(ii) in subparagraph (B)— 
(I) in clause (i)— 
(aa) by striking subclauses 
(II) and (III); and 
(bb) by redesignating sub-
clauses (IV) through (VI) as sub-
clauses (II) through (IV), respec-
tively; 
(II) by striking clause (ii); and 
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(III) by redesignating clauses 
(iii) and (iv) as clauses (ii) and (iii), 
respectively; 
(iii) in subparagraph (C)— 
(I) in clause (i), by striking ‘‘and 
subclauses (II) and (III) of subpara-
graph (B)(i)’’; and 
(II) in clause (ii), by striking 
‘‘subparagraph (B)(iii)’’ and inserting 
‘‘subparagraph (B)(ii)’’; and 
(iv) in subparagraph (E)— 
(I) by striking clause (i); and 
(II) by redesignating clauses (ii) 
and (iii) as clauses (i) and (ii), respec-
tively; and 
(B) in paragraph (5)(A), by striking 
‘‘planted before January 1, 2027, or is grafted 
before such date to a plant that has already 
been planted,’’ and inserting ‘‘planted or graft-
ed’’. 
(2) Section 460(c)(6)(B) of such Code is 
amended by striking ‘‘which’’ and all that follows 
through the period and inserting ‘‘which has a recov-
ery period of 7 years or less.’’. 
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113 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect as if included in section 
13201 of Public Law 115–97. 
SEC. 402. RESEARCH AND EXPERIMENTAL EXPENDITURES. 
(a) IN GENERAL.—Section 174 of the Internal Rev-
enue Code of 1986 is amended to read as follows: 
‘‘SEC. 174. RESEARCH AND EXPERIMENTAL EXPENDITURES. 
‘‘(a) TREATMENT AS EXPENSES.— 
‘‘(1) IN GENERAL.—A taxpayer may treat re-
search or experimental expenditures which are paid 
or incurred by him during the taxable year in con-
nection with his trade or business as expenses which 
are not chargeable to capital account. The expendi-
tures so treated shall be allowed as a deduction. 
‘‘(2) WHEN METHOD MAY BE ADOPTED.— 
‘‘(A) WITHOUT
CONSENT.—A taxpayer 
may, without the consent of the Secretary, 
adopt the method provided in this subsection 
for his first taxable year for which expenditures 
described in paragraph (1) are paid or incurred. 
‘‘(B) WITH CONSENT.—A taxpayer may, 
with the consent of the Secretary, adopt at any 
time the method provided in this subsection. 
‘‘(3) SCOPE.—The method adopted under this 
subsection shall apply to all expenditures described 
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114 
in paragraph (1). The method adopted shall be ad-
hered to in computing taxable income for the taxable 
year and for all subsequent taxable years unless, 
with the approval of the Secretary, a change to a 
different method is authorized with respect to part 
or all of such expenditures. 
‘‘(b) AMORTIZATION OF CERTAIN RESEARCH AND 
EXPERIMENTAL EXPENDITURES.— 
‘‘(1) IN GENERAL.—At the election of the tax-
payer, made in accordance with regulations pre-
scribed by the Secretary, research or experimental 
expenditures which are— 
‘‘(A) paid or incurred by the taxpayer in 
connection with his trade or business, 
‘‘(B) not treated as expenses under sub-
section (a), and 
‘‘(C) chargeable to capital account but not 
chargeable to property of a character which is 
subject to the allowance under section 167 (re-
lating to allowance for depreciation, etc.) or sec-
tion 611 (relating to allowance for depletion), 
may be treated as deferred expenses. In computing 
taxable income, such deferred expenses shall be al-
lowed as a deduction ratably over such period of not 
less than 60 months as may be selected by the tax-
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115 
payer (beginning with the month in which the tax-
payer first realizes benefits from such expenditures). 
Such deferred expenses are expenditures properly 
chargeable to capital account for purposes of section 
1016(a)(1) (relating to adjustments to basis of prop-
erty). 
‘‘(2) TIME FOR AND SCOPE OF ELECTION.—The 
election provided by paragraph (1) may be made for 
any taxable year, but only if made not later than the 
time prescribed by law for filing the return for such 
taxable year (including extensions thereof). The 
method so elected, and the period selected by the 
taxpayer, shall be adhered to in computing taxable 
income for the taxable year for which the election is 
made and for all subsequent taxable years unless, 
with the approval of the Secretary, a change to a 
different method (or to a different period) is author-
ized with respect to part or all of such expenditures. 
The election shall not apply to any expenditure paid 
or incurred during any taxable year before the tax-
able year for which the taxpayer makes the election. 
‘‘(c) LAND AND OTHER PROPERTY.—This section 
shall not apply to any expenditure for the acquisition or 
improvement of land, or for the acquisition or improve-
ment of property to be used in connection with the re-
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search or experimentation and of a character which is sub-
ject to the allowance under section 167 (relating to allow-
ance for depreciation, etc.) or section 611 (relating to al-
lowance for depletion); but for purposes of this section al-
lowances under section 167, and allowances under section 
611, shall be considered as expenditures. 
‘‘(d) EXPLORATION EXPENDITURES.—This section 
shall not apply to any expenditure paid or incurred for 
the purpose of ascertaining the existence, location, extent, 
or quality of any deposit of ore or other mineral (including 
oil and gas). 
‘‘(e) ONLY REASONABLE RESEARCH EXPENDITURES 
ELIGIBLE.—This section shall apply to a research or ex-
perimental expenditure only to the extent that the amount 
thereof is reasonable under the circumstances.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for part VI of subchapter B of chapter 1 of such Code 
is amended by striking the item relating to section 174 
and inserting the following new item: 
‘‘Sec. 174. Research and experimental expenditures.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) Section 41(d)(1)(A) of such Code is amend-
ed by striking ‘‘specified research or experimental 
expenditures under section 174’’ and inserting ‘‘ex-
penses under section 174’’. 
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(2) Section 280C(c) of such Code is amended to 
read as follows: 
‘‘(c) CREDIT FOR INCREASING RESEARCH ACTIVI-
TIES.— 
‘‘(1) IN GENERAL.—No deduction shall be al-
lowed for that portion of the qualified research ex-
penses (as defined in section 41(b)) or basic re-
search expenses (as defined in section 41(e)(2)) oth-
erwise allowable as a deduction for the taxable year 
which is equal to the amount of the credit deter-
mined for such taxable year under section 41(a). 
‘‘(2) SIMILAR
RULE
WHERE
TAXPAYER
CAP-
ITALIZES RATHER THAN DEDUCTS EXPENSES.—If— 
‘‘(A) the amount of the credit determined 
for the taxable year under section 41(a)(1), ex-
ceeds 
‘‘(B) the amount allowable as a deduction 
for such taxable year for qualified research ex-
penses or basic research expenses (determined 
without regard to paragraph (1)), 
the amount chargeable to capital account for the 
taxable year for such expenses shall be reduced by 
the amount of such excess. 
‘‘(3) ELECTION OF REDUCED CREDIT.— 
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‘‘(A) IN
GENERAL.—In the case of any 
taxable year for which an election is made 
under this paragraph— 
‘‘(i) paragraphs (1) and (2) shall not 
apply, and 
‘‘(ii) the amount of the credit under 
section 41(a) shall be the amount deter-
mined under subparagraph (B). 
‘‘(B) AMOUNT OF REDUCED CREDIT.—The 
amount of credit determined under this sub-
paragraph for any taxable year shall be the 
amount equal to the excess of— 
‘‘(i) the amount of credit determined 
under section 41(a) without regard to this 
paragraph, over 
‘‘(ii) the product of— 
‘‘(I) the amount described in 
clause (i), and 
‘‘(II) the rate of tax under sec-
tion 11(b). 
‘‘(C) ELECTION.—An election under this 
paragraph for any taxable year shall be made 
not later than the time for filing the return of 
tax for such year (including extensions), shall 
be made on such return, and shall be made in 
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119 
such manner as the Secretary may prescribe. 
Such an election, once made, shall be irrev-
ocable. 
‘‘(4) CONTROLLED GROUPS.—Paragraph (3) of 
subsection (b) shall apply for purposes of this sub-
section.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to amounts paid or incurred in tax-
able years beginning after December 31, 2021. 
SEC. 403. REPEAL AND CODIFICATION OF CERTAIN EXECU-
TIVE ORDERS. 
(a) REPEAL.—The Executive order relating to the 
revocation of certain Executive orders concerning Federal 
regulation, signed on January 20, 2021, is hereby re-
scinded. 
(b) CODIFICATION
OF EXECUTIVE ORDERS.—The 
following Executive orders shall have the force and effect 
of law: 
(1) Executive Order 13771 (82 Fed. Reg. 
12866; relating to reducing regulation and control-
ling regulatory costs). 
(2) Executive Order 13777 (82 Fed. Reg. 
12285; relating to enforcing the regulatory reform 
agenda). 
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120 
(3) Executive Order 13891 (84 Fed. Reg. 
55235; relating to improving agency guidance docu-
ments). 
(4) Executive Order 13892 (84 Fed. Reg. 
55239; relating to transparency in administrative 
enforcement and adjudication). 
(5) Executive Order 13893 (84 Fed. Reg. 
55487; relating to accountability for administrative 
actions). 
SEC. 404. EDUCATIONAL ASSISTANCE EXCLUSION FROM 
GROSS INCOME INCREASED. 
(a) Section 127(b)(2) of the Internal Revenue Code 
of 1986 is amended to read as follows: 
‘‘(2) MAXIMUM EXCLUSION.— 
‘‘(A) IN GENERAL.—If but for this para-
graph, this section would exclude from gross in-
come more than the maximum amount of edu-
cational assistance furnished to an individual 
during a calendar year, this section shall apply 
only to the maximum amount of such assistance 
so furnished. 
‘‘(B) MAXIMUM
AMOUNT.—For purposes 
of subparagraph (B), the term ‘maximum 
amount’ means, for any calendar year, an 
amount equal to the applicable dollar amount 
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121 
for elective deferrals described in section 
402(g)(1)(B) (as such amount is adjusted for 
inflation for such calendar year).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to educational assistance furnished 
in taxable years beginning after December 31, 2020. 
SEC. 405. RESEARCH AND EXPERIMENTAL EXPENDITURES. 
(a) IN GENERAL.—Section 174 of the Internal Rev-
enue Code of 1986 is amended to read as follows: 
‘‘SEC. 174. RESEARCH AND EXPERIMENTAL EXPENDITURES. 
‘‘(a) TREATMENT AS EXPENSES.— 
‘‘(1) IN GENERAL.—A taxpayer may treat re-
search or experimental expenditures which are paid 
or incurred by him during the taxable year in con-
nection with his trade or business as expenses which 
are not chargeable to capital account. The expendi-
tures so treated shall be allowed as a deduction. 
‘‘(2) WHEN METHOD MAY BE ADOPTED.— 
‘‘(A) WITHOUT
CONSENT.—A taxpayer 
may, without the consent of the Secretary, 
adopt the method provided in this subsection 
for his first taxable year for which expenditures 
described in paragraph (1) are paid or incurred. 
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122 
‘‘(B) WITH CONSENT.—A taxpayer may, 
with the consent of the Secretary, adopt at any 
time the method provided in this subsection. 
‘‘(3) SCOPE.—The method adopted under this 
subsection shall apply to all expenditures described 
in paragraph (1). The method adopted shall be ad-
hered to in computing taxable income for the taxable 
year and for all subsequent taxable years unless, 
with the approval of the Secretary, a change to a 
different method is authorized with respect to part 
or all of such expenditures. 
‘‘(b) AMORTIZATION OF CERTAIN RESEARCH AND 
EXPERIMENTAL EXPENDITURES.— 
‘‘(1) IN GENERAL.—At the election of the tax-
payer, made in accordance with regulations pre-
scribed by the Secretary, research or experimental 
expenditures which are— 
‘‘(A) paid or incurred by the taxpayer in 
connection with his trade or business, 
‘‘(B) not treated as expenses under sub-
section (a), and 
‘‘(C) chargeable to capital account but not 
chargeable to property of a character which is 
subject to the allowance under section 167 (re-
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123 
lating to allowance for depreciation, etc.) or sec-
tion 611 (relating to allowance for depletion), 
may be treated as deferred expenses. In computing 
taxable income, such deferred expenses shall be al-
lowed as a deduction ratably over such period of not 
less than 60 months as may be selected by the tax-
payer (beginning with the month in which the tax-
payer first realizes benefits from such expenditures). 
Such deferred expenses are expenditures properly 
chargeable to capital account for purposes of section 
1016(a)(1) (relating to adjustments to basis of prop-
erty). 
‘‘(2) TIME FOR AND SCOPE OF ELECTION.—The 
election provided by paragraph (1) may be made for 
any taxable year, but only if made not later than the 
time prescribed by law for filing the return for such 
taxable year (including extensions thereof). The 
method so elected, and the period selected by the 
taxpayer, shall be adhered to in computing taxable 
income for the taxable year for which the election is 
made and for all subsequent taxable years unless, 
with the approval of the Secretary, a change to a 
different method (or to a different period) is author-
ized with respect to part or all of such expenditures. 
The election shall not apply to any expenditure paid 
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or incurred during any taxable year before the tax-
able year for which the taxpayer makes the election. 
‘‘(c) LAND AND OTHER PROPERTY.—This section 
shall not apply to any expenditure for the acquisition or 
improvement of land, or for the acquisition or improve-
ment of property to be used in connection with the re-
search or experimentation and of a character which is sub-
ject to the allowance under section 167 (relating to allow-
ance for depreciation, etc.) or section 611 (relating to al-
lowance for depletion); but for purposes of this section al-
lowances under section 167, and allowances under section 
611, shall be considered as expenditures. 
‘‘(d) EXPLORATION EXPENDITURES.—This section 
shall not apply to any expenditure paid or incurred for 
the purpose of ascertaining the existence, location, extent, 
or quality of any deposit of ore or other mineral (including 
oil and gas). 
‘‘(e) ONLY REASONABLE RESEARCH EXPENDITURES 
ELIGIBLE.—This section shall apply to a research or ex-
perimental expenditure only to the extent that the amount 
thereof is reasonable under the circumstances.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for part VI of subchapter B of chapter 1 of such Code 
is amended by striking the item relating to section 174 
and inserting the following new item: 
‘‘Sec. 174. Research and experimental expenditures.’’. 
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(c) CONFORMING AMENDMENTS.— 
(1) Section 41(d)(1)(A) of such Code is amend-
ed by striking ‘‘specified research or experimental 
expenditures under section 174’’ and inserting ‘‘ex-
penses under section 174’’. 
(2) Section 280C(c) of such Code is amended to 
read as follows: 
‘‘(c) CREDIT FOR INCREASING RESEARCH ACTIVI-
TIES.— 
‘‘(1) IN GENERAL.—No deduction shall be al-
lowed for that portion of the qualified research ex-
penses (as defined in section 41(b)) or basic re-
search expenses (as defined in section 41(e)(2)) oth-
erwise allowable as a deduction for the taxable year 
which is equal to the amount of the credit deter-
mined for such taxable year under section 41(a). 
‘‘(2) SIMILAR
RULE
WHERE
TAXPAYER
CAP-
ITALIZES RATHER THAN DEDUCTS EXPENSES.—If— 
‘‘(A) the amount of the credit determined 
for the taxable year under section 41(a)(1), ex-
ceeds 
‘‘(B) the amount allowable as a deduction 
for such taxable year for qualified research ex-
penses or basic research expenses (determined 
without regard to paragraph (1)), 
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the amount chargeable to capital account for the 
taxable year for such expenses shall be reduced by 
the amount of such excess. 
‘‘(3) ELECTION OF REDUCED CREDIT.— 
‘‘(A) IN
GENERAL.—In the case of any 
taxable year for which an election is made 
under this paragraph— 
‘‘(i) paragraphs (1) and (2) shall not 
apply, and 
‘‘(ii) the amount of the credit under 
section 41(a) shall be the amount deter-
mined under subparagraph (B). 
‘‘(B) AMOUNT OF REDUCED CREDIT.—The 
amount of credit determined under this sub-
paragraph for any taxable year shall be the 
amount equal to the excess of— 
‘‘(i) the amount of credit determined 
under section 41(a) without regard to this 
paragraph, over 
‘‘(ii) the product of— 
‘‘(I) the amount described in 
clause (i), and 
‘‘(II) the rate of tax under sec-
tion 11(b). 
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‘‘(C) ELECTION.—An election under this 
paragraph for any taxable year shall be made 
not later than the time for filing the return of 
tax for such year (including extensions), shall 
be made on such return, and shall be made in 
such manner as the Secretary may prescribe. 
Such an election, once made, shall be irrev-
ocable. 
‘‘(4) CONTROLLED GROUPS.—Paragraph (3) of 
subsection (b) shall apply for purposes of this sub-
section.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to amounts paid or incurred in tax-
able years beginning after December 31, 2021. 
TITLE V—MATTERS RELATED TO 
EDUCATION 
Subtitle A—Restrictions Relating 
to Foreign Funding of Edu-
cational Institutions 
SEC. 501. RESTRICTIONS ON INSTITUTIONS PARTNERING 
WITH THE PEOPLE’S REPUBLIC OF CHINA. 
(a) FUNDING RESTRICTED.—An institution of higher 
education or other post-secondary educational institution 
shall not be eligible to receive Federal funds (except funds 
under title IV of the Higher Education Act of 1965 (20 
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U.S.C. 1070 et seq.) or other Department of Education 
funds that are provided directly to students) if such insti-
tution: 
(1) has a contractual partnership in effect with 
an entity that is owned or controlled, directly or in-
directly, by the Government of the People’s Republic 
of China; 
(2) has a contractual partnership in effect with 
an entity that is organized under the laws of the 
People’s Republic of China; or 
(3) employs a CCP-funded instructor. 
(b) RESTORING ELIGIBILITY.—An institution ineli-
gible to receive Federal funds under subsection (a) may 
reestablish eligibility by— 
(1) in the case of a contractual partnership 
with an entity described in subsection (a)(1) or 
(a)(2): 
(A) disclosing to the Secretary of Edu-
cation all contractual partnerships with the ap-
plicable entity from the previous 10 years; and 
(B) providing to the Secretary of Edu-
cation sufficient evidence that such partnerships 
have been terminated; or 
(2) in the case of the employment of a CCP- 
funded instructor as described in subsection (a)(3), 
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by demonstrating, to the satisfaction of the Sec-
retary of Education, that the institution no longer 
employs a CCP-funded instructor. 
(c) CCP-FUNDED INSTRUCTOR DEFINED.—In this 
section, the term ‘‘CCP-funded instructor’’ means a pro-
fessor, teacher, or any other individual who— 
(1) provides instruction directly to the students 
of an institution of higher education; and 
(2) received funds, directly or indirectly, from 
the Chinese Communist Party while employed by 
such institution. 
(d) EFFECTIVE DATE.—The restrictions under this 
section shall take effect 180 days after the date of the 
enactment of this Act. 
SEC. 502. LIMITING EXEMPTION FROM FOREIGN AGENT 
REGISTRATION REQUIREMENT FOR PERSONS 
ENGAGING IN ACTIVITIES IN FURTHERANCE 
OF CERTAIN PURSUITS TO ACTIVITIES NOT 
PROMOTING POLITICAL AGENDA OF FOR-
EIGN GOVERNMENTS. 
(a) LIMITATION ON EXEMPTION.—Section 3(e) of the 
Foreign Agents Registration Act of 1938 (22 U.S.C. 
613(e)) is amended by striking the semicolon at the end 
and inserting the following: ‘‘, but only if the activities 
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do not promote the political agenda of a government of 
a foreign country;’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to activities carried 
out on or after the date of the enactment of this Act. 
SEC. 503. REPORTING EXCHANGE VISITOR CHANGE IN 
FIELD OF STUDY. 
With respect to a principal nonimmigrant exchange 
visitor admitted into the United States in the J–1 classi-
fication under section 101(a)(15)(J) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(J)) in order 
to study, the Secretary of State shall take such action as 
may be necessary to ensure that the applicable program 
sponsor is required to use the Student and Exchange Vis-
itor Information System to report any change to the non-
immigrant’s primary field of study. In carrying out this 
section, the Secretary of State shall take into account the 
record keeping and reporting requirements of the Sec-
retary of Homeland Security with regard to non-
immigrants admitted into the United States in the F–1 
and M–1 classifications under subparagraphs (F) and (M) 
of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)). 
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131 
SEC. 504. REPORTING CERTAIN RESEARCH PROGRAM PAR-
TICIPATION. 
(a) IN GENERAL.—With respect to a principal non-
immigrant admitted into the United States in the J–1 
classification under section 101(a)(15)(J) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(15)(J)), in the 
F–1 classification under section 101(a)(15)(F) of such 
Act, or in the M–1 classification under section 
101(a)(15)(M) of such Act, the Secretary of State and the 
Secretary of Homeland Security shall take such action as 
may be necessary to ensure that the applicable program 
sponsor or academic or nonacademic institution is re-
quired to use the Student and Exchange Visitor Informa-
tion System to report when the nonimmigrant is partici-
pating in a research program funded in whole or in part 
through a grant, contract, or other similar form of support 
provided by the Federal Government, as well as program 
identification information. 
(b) NOTIFICATIONS.— 
(1) SECRETARY.—In the case of a non-
immigrant described in subsection (a), the Secretary 
of Homeland Security shall notify the appropriate 
program manager at an Executive agency (as de-
fined in section 105 of title 5, United States Code) 
if and when the Secretary obtains information that 
the nonimmigrant is participating in a research pro-
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gram funded in whole or in part through a grant, 
contract, or other similar form of support provided 
by such agency prior to the commencement of that 
nonimmigrant’s participation and not later than 21 
days after authorizing such participation. 
(2) SPONSOR OR INSTITUTION.—In the case of 
a nonimmigrant described in subsection (a), the ap-
plicable program sponsor or academic or nonaca-
demic institution shall notify the appropriate pro-
gram manager at an Executive agency (as defined in 
section 105 of title 5, United States Code) if and 
when the sponsor or institution obtains information 
that the nonimmigrant is participating in a research 
program funded in whole or in part through a grant, 
contract, or other similar form of support provided 
by such agency prior to the commencement of that 
nonimmigrant’s participation and not later than 21 
days after authorizing such participation. 
SEC. 505. REVIEW AND REVOCATION OF CERTAIN NON-
IMMIGRANT VISAS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall have the authority to review and revoke a non-
immigrant visa granted under subparagraph (F), (J), or 
(M) of section 101(a)(15) of the Immigration and Nation-
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ality Act (8 U.S.C. 1101(a)(15)) if, in consultation with 
the Attorney General, the Secretary finds that— 
(1) the visa holder has misrepresented his or 
her intention to pursue a certain program or field of 
study; 
(2) following a change to the nonimmigrant’s 
primary field of study as described under section 
504, that the new primary field of study would have 
triggered a higher level of scrutiny during the visa 
application process, and that the visa holder poses a 
risk to the homeland security of the United States, 
the national security of the United States, or re-
search integrity at their applicable program sponsor 
or institution; 
(3) the visa holder’s enrollment in a research 
program funded in whole or in part through a grant, 
contract, or other similar form of support provided 
by the Federal Government poses a risk to the 
homeland security of the United States, the national 
security of the United States, or research integrity 
at their applicable program sponsor or institution; or 
(4) the visa was granted to an alien who is a 
citizen of the People’s Republic of China if the Sec-
retary of State determines that the alien seeks to 
enter the United States to participate in graduate- 
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level or post-graduate-level coursework or academic 
research in a field of science, technology, engineer-
ing, or mathematics at an institution of higher edu-
cation. 
(b) NOTICE.—Thirty days before the commencement 
of a review under subsection (a), the Secretary of Home-
land Security shall provide the applicable program sponsor 
or institution with a notice containing the specific basis 
of the forthcoming review. During this 30-day period, the 
program sponsor or institution may take corrective action 
to alleviate any concerns raised by the Secretary. At the 
conclusion of the 30-day period, the Secretary shall deter-
mine whether the program sponsor or institution has satis-
factorily addressed the concerns or a review remains nec-
essary. 
(c) ADMINISTRATIVE AND JUDICIAL REVIEW.— 
(1) IN GENERAL.—There shall be no adminis-
trative or judicial review of a determination to re-
voke a visa under this section except in accordance 
with this subsection. 
(2) ADMINISTRATIVE REVIEW.— 
(A) SINGLE
LEVEL
OF
ADMINISTRATIVE 
APPELLATE REVIEW.—The Secretary of Home-
land Security shall establish an appellate au-
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thority to provide for a single level of adminis-
trative appellate review of such a determination. 
(B) STANDARD
FOR
REVIEW.—Such ad-
ministrative appellate review shall be based 
solely upon the administrative record estab-
lished at the time of the determination and 
upon such additional or newly discovered evi-
dence as may not have been available at the 
time of the determination. 
(3) JUDICIAL REVIEW.— 
(A) LIMITATION
TO
REVIEW
OF
RE-
MOVAL.—There shall be judicial review of a de-
termination to revoke a visa under this section 
only in the judicial review of an order of re-
moval under section 242 of the Immigration 
and Nationality Act (8 U.S.C. 1252). 
(B) STANDARD FOR JUDICIAL REVIEW.— 
Such judicial review shall be based solely upon 
the administrative record established at the 
time of the review by the appellate authority 
and the findings of fact and determinations 
contained in such record shall be conclusive un-
less the applicant can establish abuse of discre-
tion or that the findings are directly contrary to 
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clear and convincing facts contained in the 
record considered as a whole. 
SEC. 506. ANNUAL REPORT. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall require the Academic Institutions Subcommittee 
of the Homeland Security Advisory Council of the Depart-
ment of Homeland Security to provide an annual report 
to the Committee on the Judiciary, the Committee on 
Homeland Security, and the Committee on Foreign Af-
fairs of the House of Representatives, and the Committee 
on the Judiciary, the Committee on Homeland Security 
and Governmental Affairs, and the Committee on Foreign 
Relations of the Senate, on— 
(1) the implementation and execution of any 
visa reviews and revocations undertaken under sec-
tion 506; 
(2) the number of alien students enrolled at 
academic or nonacademic institutions in the United 
States, disaggregated by— 
(A) program of study; 
(B) previous and current nationality; and 
(C) participation in a research program 
(which may or may not be classified) funded in 
whole or in part through a grant, contract, or 
other similar form of support provided by the 
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Federal Government, differentiated by agency, 
sub-agency, and program; and 
(3) the number of alien students who have 
changed their field of study, including their original 
and subsequent field of study, disaggregated by the 
information described in subparagraphs (A), (B), 
and (C) of paragraph (2). 
(b) APPENDIX.—Each report under subsection (a) 
shall include an appendix containing any feedback pro-
vided on a voluntary basis by any program sponsor or in-
stitution affected by a visa review or revocation under-
taken under section 506. 
Subtitle B—Protecting Our 
Universities Act 
SEC. 511. SENSITIVE RESEARCH PROJECT LIST. 
(a) SENSITIVE RESEARCH PROJECT LIST.—The Of-
fice of the Director of National Intelligence shall, in con-
sultation with the National Security Advisor shall actively 
maintain a list of sensitive research projects. Such list 
shall— 
(1) be referred to as the Sensitive Research 
Projects List; and 
(2) for each project included on the list, indi-
cate— 
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(A) the qualified funding agency that is 
funding the project; 
(B) whether the project is open to student 
participation; and 
(C) whether the project is related to— 
(i) an item listed on the Commerce 
Control List (CCL) maintained by the De-
partment of Commerce; 
(ii) an item listed on the United 
States Munitions List maintained by the 
Department of State; or 
(iii) technology designated by the Sec-
retary of Defense as having a technology 
readiness level of 1, 2, or 3. 
(b) REPORT TO CONGRESS.—Not later than one year 
after the date of enactment of this Act, and every six 
months thereafter, the interagency working group de-
scribed in section 1746 of the National Defense Authoriza-
tion Act for Fiscal Year 2020 (42 U.S.C. 6601 note) shall 
provide a report to the Committee on Education and 
Labor, the Committee on Armed Services, and the Perma-
nent Select Committee on Intelligence of the House of 
Representatives, and to the Committee on Health, Edu-
cation, Labor, and Pensions, the Committee on Armed 
Services, and the Select Committee on Intelligence of the 
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Senate, regarding the threat of espionage at institutions 
of higher education. In each such briefing, the interagency 
working group shall identify actions that may be taken 
to reduce espionage carried out through student participa-
tion in sensitive research projects. The interagency work-
ing group shall also include in this report an assessment 
of whether the current licensing regulations relating to the 
International Traffic in Arms Regulations and the Export 
Administration Regulations are sufficient to protect the 
security of the projects listed on the Sensitive Research 
Project List. 
SEC. 512. FOREIGN STUDENT PARTICIPATION IN SENSITIVE 
RESEARCH PROJECTS. 
(a) APPROVAL OF FOREIGN STUDENT PARTICIPA-
TION REQUIRED.—Beginning on the date that is one year 
after the date of enactment of this Act, for each project 
on the Sensitive Research Project List that is open to stu-
dent participation, the head of such project at the institu-
tion of higher education at which the project is being car-
ried out shall ensure that each student participating in 
such project shall be required to provide proof of citizen-
ship before the student is permitted to participate in such 
project. A student who is a citizen of a country identified 
in subsection (b) shall be permitted to participate in such 
a project only if— 
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(1) the student applies for, and receives ap-
proval from, the Director of National Intelligence to 
participate in such project, based on a background 
check and any other information the Director deter-
mines to be appropriate; and 
(2) in the case of such a project that is related 
to an item or technology described in subparagraph 
(C) of section 3(c)(2), the student applies for, and 
receives approval from, the head of the qualified 
funding agency, to participate in such project. 
(b) LIST OF CITIZENSHIP REQUIRING APPROVAL.— 
Approval under subsection (a) shall be required for any 
student who is a citizen of a country that is one of the 
following: 
(1) The People’s Republic of China. 
(2) The Democratic People’s Republic of Korea. 
(3) The Russian Federation. 
(4) The Islamic Republic of Iran. 
(5) Any country identified by the head of the 
qualified funding agency as requiring approval for 
the purposes of this section. 
SEC. 513. FOREIGN ENTITIES. 
(a) LIST OF FOREIGN ENTITIES THAT POSE AN IN-
TELLIGENCE THREAT.—Not later than one year after the 
date of the enactment of this Act, the Director of National 
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Intelligence shall identify foreign entities, including gov-
ernments, corporations, non-profit and for-profit organiza-
tions, and any subsidiary or affiliate of such an entity, 
that the Director determines pose a threat of espionage 
with respect to sensitive research projects, and shall de-
velop and maintain a list of such entities. The Director 
may add or remove entities from such list at any time. 
The initial list developed by the Director shall include the 
following entities (including any subsidiary or affiliate): 
(1) Huawei Technologies Company. 
(2) ZTE Corporation. 
(3) Hytera Communications Corporation. 
(4) Hangzhou Hikvision Digital Technology 
Company. 
(5) Dahua Technology Company. 
(6) Kaspersky Lab. 
(7) Any entity that is owned or controlled by, 
or otherwise has demonstrated financial ties to, the 
government of a country identified under section 
4(b). 
(b) NOTICE
TO INSTITUTIONS
OF HIGHER EDU-
CATION.—The Director of National Intelligence shall 
make the initial list required under subsection (a), and 
any changes to such list, available to the Secretary of Edu-
cation, the interagency working group, and the head of 
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each qualified funding agency as soon as practicable. The 
Secretary of Education shall provide such initial list and 
subsequent amendments to each institution of higher edu-
cation at which a project on the Sensitive Research Project 
List is being carried out. 
(c) PROHIBITION
ON
USE
OF
CERTAIN
TECH-
NOLOGIES.—Beginning on the date that is one year after 
the date of the enactment of this Act, the head of each 
sensitive research project shall, as a condition of receipt 
of funds from a qualified funding agency, provide an as-
surance to such qualified funding agency that, beginning 
on the date that is two years after the date of the enact-
ment of this Act, any technology developed by an entity 
included on the list maintained under subsection (a) shall 
not be utilized in carrying out the sensitive research 
project. 
SEC. 514. ENFORCEMENT. 
The head of each qualified funding agency shall take 
such steps as may be necessary to enforce the provisions 
of sections 510 and 511 of this Act. Upon determination 
that the head of a sensitive research project has failed to 
meet the requirements of either section 510 or section 
511, the head of a qualified funding agency may determine 
the appropriate enforcement action, including— 
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(1) imposing a probationary period, not to ex-
ceed 6 months, on the head of such project, or on 
the project; 
(2) reducing or otherwise limiting the funding 
for such project until the violation has been rem-
edied; 
(3) permanently cancelling the funding for such 
project; or 
(4) any other action the head of the qualified 
funding agency determines to be appropriate. 
SEC. 515. DEFINITIONS. 
In this subtitle: 
(1) CITIZEN OF A COUNTRY.—The term ‘‘cit-
izen of a country’’, with respect to a student, in-
cludes all countries in which the student has held or 
holds citizenship or holds permanent residency. 
(2) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ means an in-
stitution described in section 102 of the Higher 
Education Act of 1965 (20 U.S.C. 1002) that re-
ceives Federal funds in any amount and for any pur-
pose. 
(3) INTELLIGENCE
COMMUNITY.—The term 
‘‘intelligence community’’ has the meaning given 
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that term in section 3 of the National Security Act 
of 1947 (50 U.S.C. 3003). 
(4) QUALIFIED FUNDING AGENCY.—The term 
‘‘qualified funding agency’’, with respect to a sen-
sitive research project, means— 
(A) the Department of Defense, if the sen-
sitive research project is funded in whole or in 
part by the Department of Defense; 
(B) the Department of Energy, if the sen-
sitive research project is funded in whole or in 
part by the Department of Energy; or 
(C) an element of the intelligence commu-
nity, if the sensitive research project is funded 
in whole or in part by the element of the intel-
ligence community. 
(5) SENSITIVE RESEARCH PROJECT.—The term 
‘‘sensitive research project’’ means a research 
project at an institution of higher education that is 
funded by a qualified funding agency, except that 
such term shall not include any research project that 
is classified or that requires the participants in such 
project to obtain a security clearance. 
(6) STUDENT PARTICIPATION.—The term ‘‘stu-
dent participation’’ shall not include student activity 
in— 
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(A) a research project that is required for 
completion of a course in which the student is 
enrolled at an institution of higher education; 
or 
(B) a research project for which the stu-
dent is conducting unpaid research. 
Subtitle C—Other Matters 
SEC. 521. REPORT ON CHINA BENEFITTING FROM UNITED 
STATES TAXPAYER-FUNDED RESEARCH. 
(a) IN GENERAL.—Not later than one year after the 
date of enactment of the Act, the Attorney General, in 
consultation with the Secretary of the Treasury, the Sec-
retary of Commerce, the Secretary of State, and the Direc-
tor of National Intelligence, shall submit to the Committee 
on the Judiciary of the House of Representatives and the 
Committee on the Judiciary of the Senate a report on the 
extent to which China has benefitted from United States 
taxpayer-funded research. 
(b) ELEMENTS.—The report under subsection (a) 
shall include the following: 
(1) The extent to which United States tax-
payer-funded research has benefitted China, includ-
ing a list of United States Government-funded enti-
ties, such as research institutions, laboratories, and 
institutions of higher education, which have hired 
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Chinese nationals or allowed Chinese nationals to 
conduct research, including an estimate in the num-
ber of nationals hired or involved in research 
projects. 
(2) A list of United States Government pro-
grams, grants, and other forms of research funding 
in the fields of science, technology, engineering, and 
math (STEM) fields that have directly or indirectly 
cooperated or affiliated with research institutions in 
China or Chinese Communist Party entities. 
(3) The extent to which China’s funding of 
United States taxpayer-funded research institutions 
has benefitted China. 
(4) How the Government of China and the Chi-
nese Communist Party have used United States tax-
payer-funded research, including as part of China’s 
efforts to support ‘‘civil-military fusion’’ and human 
rights abuses. 
(c) DEFINITION.—In this section, the term ‘‘United 
States taypayer-funded research’’ means research— 
(1) funded by a grant from the Federal Govern-
ment or a State government; or 
(2) conducted at an institution that receives 
funding from the Federal Government or a State 
government. 
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SEC. 522. CONDITIONS ON FEDERAL RESEARCH GRANTS. 
As a condition of receiving a Federal research and 
development grant in a field of science, technology, engi-
neering, or mathematics, a grant recipient shall certify 
that the recipient— 
(1) is not— 
(A) a citizen of the People’s Republic of 
China; or 
(B) a participant in a foreign talent re-
cruitment program of the People’s Republic of 
China listed by the Secretary of State in ac-
cordance with section 521; and 
(2) will not knowingly employ to carry out ac-
tivities funded by the Federal research and develop-
ment grant— 
(A) a citizen of the People’s Republic of 
China; or 
(B) a participant in a foreign talent re-
cruitment program of the People’s Republic of 
China listed by the Secretary of State in ac-
cordance with section 521. 
SEC. 523. PROTECTING INSTITUTIONS, LABORATORIES, 
AND RESEARCH INSTITUTES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the head of each Federal agency shall ensure 
that any institution of higher education, laboratory, or re-
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search institute receiving Federal assistance agrees, as a 
condition of such assistance, to not knowingly employ any 
individual who is a participant in a foreign talent recruit-
ment program of the People’s Republic of China. 
(b) PROGRAM PARTICIPATION AGREEMENTS.—Sec-
tion 487(a) of the Higher Education Act of 1965 (20 
U.S.C. 1094(a)) is amended by adding at the end the fol-
lowing: 
‘‘(30) The institution will not knowingly employ 
any individual who is a participant in a foreign tal-
ent recruitment program of the People’s Republic of 
China listed by the Secretary of State in accordance 
with section 7 of the SECURE CAMPUS Act of 
2021.’’. 
SEC. 524. REGISTRATION OF PARTICIPANTS IN FOREIGN 
TALENT RECRUITMENT PROGRAMS OF THE 
PEOPLE’S REPUBLIC OF CHINA AS AGENTS 
OF THE GOVERNMENT OF THE PEOPLE’S RE-
PUBLIC OF CHINA. 
Notwithstanding section 3 of the Foreign Agents 
Registration Act of 1938 (22 U.S.C. 613), any individual 
in the United States who is associated with a foreign tal-
ent recruitment program of the People’s Republic of 
China, either as a recruiter or as a recruit— 
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(1) shall be deemed to be an agent of a foreign 
principal (as defined in section 1(c) of such Act (22 
U.S.C. 611(c)); and 
(2) shall comply with the registration require-
ments set forth in section 2 of such Act (22 U.S.C. 
612) not later than 30 days after the later of— 
(A) the date of the enactment of this Act; 
or 
(B) the date on which the individual en-
tered the United States. 
SEC. 525. ECONOMIC ESPIONAGE. 
Section 1839(1) of title 18, United States Code, is 
amended— 
(1) by inserting ‘‘education, research,’’ after 
‘‘commercial,’’; and 
(2) by inserting ‘‘or otherwise incorporated or 
substantially located in or composed of citizens of 
countries subject to compulsory political or govern-
mental representation within corporate leadership’’ 
after ‘‘foreign government’’. 
SEC. 526. DEPARTMENT OF STATE LIST OF FOREIGN TAL-
ENT RECRUITMENT PROGRAMS OF THE PEO-
PLE’S REPUBLIC OF CHINA. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of State, 
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in consultation with the Attorney General, the Secretary 
of Defense, and the Director of National Intelligence, shall 
compile and publish in the Federal Register a list of for-
eign talent recruitment programs of the People’s Republic 
of China. 
(b) ANNUAL REVIEW AND REVISION.—Not less fre-
quently than annually, the Secretary of State shall— 
(1) review and revise the list compiled under 
subsection (a); and 
(2) publish the revised list in the Federal Reg-
ister. 
SEC. 527. DEFINITIONS. 
For purposes of sections 521 through 526: 
(1) FOREIGN TALENT RECRUITMENT PROGRAM 
OF THE PEOPLE’S REPUBLIC OF CHINA.—The term 
‘‘foreign talent recruitment program of the People’s 
Republic of China’’ means any effort organized, 
managed, funded, or otherwise controlled by the 
Government of the People’s Republic of China or the 
Chinese Communist Party to employ, contract, or 
otherwise compensate 1 or more individuals to con-
duct research, development, testing, or any other 
science or technology activity for the direct or indi-
rect benefit of the People’s Republic of China. 
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(2) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
SEC. 528. DISCLOSURE ON CERTAIN VISA APPLICATIONS. 
(a) DISCLOSURE REQUIREMENT
FOR F AND M 
VISAS.—Not later than 180 days after the date of the en-
actment of this Act, the Secretary of Homeland Security 
shall update Form I–20, or a successor form with respect 
to eligibility for nonimmigrant student status, to require 
an alien submitting such form to report— 
(1) whether the alien has received or plans to 
receive certain funds; 
(2) the amount of any certain funds received by 
the alien; and 
(3) a description of the entity providing any 
certain funds to the alien. 
(b) DISCLOSURE REQUIREMENT FOR J VISAS.—Not 
later than 180 days after the date of the enactment of 
this Act, the Secretary of State shall update Form DS– 
2019, or a successor form with respect to eligibility for 
a exchange visitor status, to require an alien submitting 
such form to report— 
(1) whether the alien has received or plans to 
receive certain funds; 
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(2) the amount of any certain funds received by 
the alien; and 
(3) a description of the entity providing any 
certain funds to the alien. 
(c) UPDATED DISCLOSURE REQUIREMENT.— 
(1) IN GENERAL.—An alien who receives cer-
tain funds after receiving a visa under subparagraph 
(F), (J), or (M) of section 101(a)(15) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(15)) 
shall report to the Secretary of Homeland Security 
and the Secretary of State the receipt of such funds 
not more than 90 days after the date on which such 
funds are received. 
(2) PROVISIONAL REVOCATION BASED ON FAIL-
URE
TO
COMPLY
WITH
DISCLOSURE
REQUIRE-
MENT.—An alien who receives certain funds and 
does not report such receipt pursuant to paragraph 
(1) is subject to revocation of any visa or other entry 
documentation regardless of when the visa or other 
entry documentation was issued. 
(d) DISCLOSURE FOR ALIEN SPOUSE AND MINOR 
CHILDREN.—The disclosure requirements under sub-
sections (a) through (c) shall apply to an alien spouse or 
any minor children applying for or receiving a visa under 
subparagraph (F), (J), or (M) of section 101(a)(15) of 
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the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)). 
(e) APPLICABILITY.—Not later than 180 days after 
the date of the enactment of this Act, an alien, alien 
spouse, or any minor children who have a valid visa under 
subparagraph (F), (J), or (M) of section 101(a)(15) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)) on the date of the enactment of this Act, 
shall report to the Secretary of Homeland Security— 
(1) whether such alien has received or plans to 
receive certain funds; 
(2) the amount of any certain funds received by 
the alien; and 
(3) a description of the entity providing any 
certain funds to the alien. 
(f) CERTAIN FUNDS DEFINED.—In this section, the 
term ‘‘certain funds’’ includes any amount of money pro-
vided to an alien from— 
(1) the Government of the People’s Republic of 
China; 
(2) the Chinese Communist Party; or 
(3) any entity owned or controlled by the Gov-
ernment of the People’s Republic of China or the 
Chinese Communist Party. 
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154 
SEC. 529. REVIEW BY COMMITTEE ON FOREIGN INVEST-
MENT IN THE UNITED STATES OF CERTAIN 
FOREIGN GIFTS TO AND CONTRACTS WITH 
INSTITUTIONS OF HIGHER EDUCATION. 
(a) AMENDMENTS TO DEFENSE PRODUCTION ACT 
OF 1950.— 
(1) DEFINITION OF COVERED TRANSACTION.— 
Subsection (a)(4) of section 721 of the Defense Pro-
duction Act of 1950 (50 U.S.C. 4565) is amended— 
(A) in subparagraph (A)— 
(i) in clause (i), by striking ‘‘; and’’ 
and inserting a semicolon; 
(ii) in clause (ii), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) any transaction described in 
subparagraph (B)(vi) proposed or pending 
after the date of the enactment of the 
China 
Strategic 
Competition 
Act 
of 
2021.’’; 
(B) in subparagraph (B), by adding at the 
end the following: 
‘‘(vi) Any gift to an institution of 
higher education from a foreign person, or 
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the entry into a contract by such an insti-
tution with a foreign person, if— 
‘‘(I)(aa) the value of the gift or 
contract 
equals 
or 
exceeds 
$1,000,000; or 
‘‘(bb) the institution receives, di-
rectly or indirectly, more than one gift 
from or enters into more than one 
contract, directly or indirectly, with 
the same foreign person for the same 
purpose the aggregate value of which, 
during the period of 2 consecutive cal-
endar 
years, 
equals 
or 
exceeds 
$1,000,000; and 
‘‘(II) the gift or contract— 
‘‘(aa) relates to research, de-
velopment, or production of crit-
ical technologies and provides the 
foreign person potential access to 
any material nonpublic technical 
information (as defined in sub-
paragraph (D)(ii)) in the posses-
sion of the institution; or 
‘‘(bb) is a restricted or con-
ditional gift or contract (as de-
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fined in section 117(h) of the 
Higher Education Act of (20 
U.S.C. 1011f(h))) that estab-
lishes control.’’; and 
(C) by adding at the end the following: 
‘‘(G) FOREIGN GIFTS TO AND CONTRACTS 
WITH INSTITUTIONS OF HIGHER EDUCATION.— 
For purposes of subparagraph (B)(vi): 
‘‘(i) CONTRACT.—The term ‘contract’ 
means any agreement for the acquisition 
by purchase, lease, or barter of property or 
services by a foreign person, for the direct 
benefit or use of either of the parties. 
‘‘(ii) GIFT.—The term ‘gift’ means 
any gift of money or property. 
‘‘(iii) INSTITUTION OF HIGHER EDU-
CATION.—The term ‘institution of higher 
education’ means any institution, public or 
private, or, if a multicampus institution, 
any single campus of such institution, in 
any State— 
‘‘(I) that is legally authorized 
within such State to provide a pro-
gram of education beyond secondary 
school; 
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‘‘(II) that provides a program for 
which the institution awards a bach-
elor’s degree (or provides not less 
than a 2-year program which is ac-
ceptable for full credit toward such a 
degree) or a more advanced degree; 
‘‘(III) that is accredited by a na-
tionally recognized accrediting agency 
or association; and 
‘‘(IV) to which the Federal Gov-
ernment extends Federal financial as-
sistance (directly or indirectly through 
another entity or person), or that re-
ceives support from the extension of 
Federal financial assistance to any of 
the institution’s subunits.’’. 
(2) MANDATORY
DECLARATIONS.—Subsection 
(b)(1)(C)(v)(IV)(aa) of such section is amended by 
adding at the end the following: ‘‘Such regulations 
shall require a declaration under this subclause with 
respect to a covered transaction described in sub-
section (a)(4)(B)(vi)(II)(aa).’’. 
(3) FACTORS TO BE CONSIDERED.—Subsection 
(f) of such section is amended— 
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(A) in paragraph (10), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) by redesignating paragraph (11) as 
paragraph (12); and 
(C) by inserting after paragraph (10) the 
following: 
‘‘(11) as appropriate, and particularly with re-
spect to covered transactions described in subsection 
(a)(4)(B)(vi), the importance of academic freedom at 
institutions of higher education in the United States; 
and’’. 
(4) MEMBERSHIP OF CFIUS.—Subsection (k) of 
such section is amended— 
(A) in paragraph (2)— 
(i) by redesignating subparagraphs 
(H), (I), and (J) as subparagraphs (I), 
(J), and (K), respectively; and 
(ii) by inserting after subparagraph 
(G) the following: 
‘‘(H) In the case of a covered transaction 
involving an institution of higher education (as 
defined in subsection (a)(4)(G)), the Secretary 
of Education.’’; and 
(B) by adding at the end the following: 
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‘‘(8) INCLUSION OF OTHER AGENCIES ON COM-
MITTEE.—In considering including on the Com-
mittee under paragraph (2)(K) the heads of other 
executive departments, agencies, or offices, the 
President shall give due consideration to the heads 
of relevant research and science agencies, depart-
ments, and offices, including the Secretary of Health 
and Human Services, the Director of the National 
Institutes of Health, and the Director of the Na-
tional Science Foundation.’’. 
(5) CONTENTS OF ANNUAL REPORT RELATING 
TO CRITICAL TECHNOLOGIES.—Subsection (m)(3) of 
such section is amended— 
(A) in subparagraph (B), by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in subparagraph (C), by striking the 
period at the end and inserting a semicolon; 
and 
(C) by adding at the end the following: 
‘‘(D) an evaluation of whether there are 
foreign malign influence or espionage activities 
directed or directly assisted by foreign govern-
ments against institutions of higher education 
(as defined in subsection (a)(4)(G)) aimed at 
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obtaining research and development methods or 
secrets related to critical technologies; and 
‘‘(E) an evaluation of, and recommenda-
tion for any changes to, reviews conducted 
under this section that relate to institutions of 
higher education, based on an analysis of disclo-
sure reports submitted to the chairperson under 
section 117(a) of the Higher Education Act of 
1965 (20 U.S.C. 1011f(a)).’’. 
(b) EFFECTIVE DATE; APPLICABILITY.—The amend-
ments made by subsection (a) shall— 
(1) take effect on the date of the enactment of 
this Act, subject to the requirements of subsections 
(d) and (e); and 
(2) apply with respect to any covered trans-
action the review or investigation of which is initi-
ated under section 721 of the Defense Production 
Act of 1950 on or after the date that is 30 days 
after the publication in the Federal Register of the 
notice required under subsection (e)(2). 
(c) REGULATIONS.— 
(1) IN GENERAL.—The Committee on Foreign 
Investment in the United States (in this section re-
ferred to as the ‘‘Committee’’), which shall include 
the Secretary of Education for purposes of this sub-
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section, shall prescribe regulations as necessary and 
appropriate to implement the amendments made by 
subsection (a). 
(2) ELEMENTS.—The regulations prescribed 
under paragraph (1) shall include— 
(A) regulations accounting for the burden 
on institutions of higher education likely to re-
sult from compliance with the amendments 
made by subsection (a), including structuring 
penalties and filing fees to reduce such burdens, 
shortening timelines for reviews and investiga-
tions, allowing for simplified and streamlined 
declaration and notice requirements, and imple-
menting any procedures necessary to protect 
academic freedom; and 
(B) guidance with respect to— 
(i) which gifts and contracts described 
in described in clause (vi)(II)(aa) of sub-
section (a)(4)(B) of section 721 of the De-
fense Production Act of 1950, as added by 
subsection (a)(1), would be subject to filing 
mandatory declarations under subsection 
(b)(1)(C)(v)(IV) of that section; and 
(ii) the meaning of ‘‘control’’, as de-
fined in subsection (a) of that section, as 
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that term applies to covered transactions 
described in clause (vi) of paragraph 
(4)(B) of that section, as added by sub-
section (a)(1). 
(3) ISSUANCE
OF
FINAL
RULE.—The Com-
mittee shall issue a final rule to carry out the 
amendments made by subsection (a) after assessing 
the findings of the pilot program required by sub-
section (e). 
(d) PILOT PROGRAM.— 
(1) IN GENERAL.—Beginning on the date that 
is 30 days after the publication in the Federal Reg-
ister of the matter required by paragraph (2) and 
ending on the date that is 570 days thereafter, the 
Committee shall conduct a pilot program to assess 
methods for implementing the review of covered 
transactions described in clause (vi) of section 
721(a)(4)(B) of the Defense Production Act of 
1950, as added by subsection (a)(1). 
(2) PROPOSED
DETERMINATION.—Not later 
than 270 days after the date of the enactment of 
this Act, the Committee shall, in consultation with 
the Secretary of Education, publish in the Federal 
Register— 
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