(F) the Committee on Ways and Means of 
the House of Representatives; 
(G) the Committee on Foreign Relations of 
the Senate; 
(H) the Committee on Health, Education, 
Labor, and Pensions of the Senate; 
(I) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(J) the Committee on Armed Services of 
the Senate; and 
(K) the Committee on Veterans’ Affairs of 
the Senate. 
(2) COVERED
FOREIGN
ENTITY.—The term 
‘‘covered foreign entity’’ means any entity domiciled 
in China or subject to influence or control by China 
or the Communist Party of China, as determined by 
the Secretary of State. 
SEC. 12. REPORT ON INTEGRITY OF THE UNITED STATES 
SUPPLY CHAIN. 
(a) IN GENERAL.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of Com-
merce shall submit to the appropriate congressional com-
mittees a report concerning strategies to incentivize, re-
quire, or compensate United States persons for relocating 
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or repatriating United States business activities and as-
sets from China to the United States. 
(b) MATTERS
INCLUDED.—The report required 
under subsection (a) shall include information relating to 
the following business sectors: 
(1) Pharmaceutical. 
(2) Medical. 
(3) Electronics. 
(4) Information and communications tech-
nology. 
(5) Science. 
(6) Defense industries. 
(c) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs of 
the House of Representatives; 
(B) the Committee on Energy and Com-
merce of the House of Representatives; 
(C) the Committee on Financial Services of 
the House of Representatives; 
(D) the Committee on Foreign Relations of 
the Senate; 
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(E) the Committee on Commerce, Science, 
and Transportation of the Senate; and 
(F) the Committee on Finance of the Sen-
ate. 
(2) PERSON.—The term ‘‘person’’ means— 
(A) a natural person; 
(B) a corporation, business association, 
partnership, society, trust, financial institution, 
insurer, underwriter, guarantor, and any other 
business organization, any other nongovern-
mental entity, organization, or group, or any 
government or agency thereof; and 
(C) any successor to any entity described 
in subparagraph (B). 
(3) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) any individual who is a citizen or na-
tional of the United States or who is an indi-
vidual described in subparagraph (B) of section 
274B(a)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1324b(a)(3)); or 
(B) a corporation or other legal entity 
which is organized under the laws of the United 
States, any State or territory thereof, or the 
District of Columbia. 
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SEC. 13. RESTRICTION ON FEDERAL FUNDS TO PROPOSE, 
FINALIZE, IMPLEMENT, OR ENFORCE ANY 
RULE THAT RECONSIDERS OR AMENDS CER-
TAIN BUREAU OF INDUSTRY AND SECURITY 
RULES. 
No Federal funds may be used to propose, finalize, 
implement, or enforce any rule that reconsiders or amends 
Bureau of Industry and Security’s— 
(1) rule dated April 28, 2020, and titled, 
‘‘Elimination of License Exception Civil End Users 
(CIV)’’ (85 Fed. Reg. 23470); or 
(2) rule dated April 28, 2020, and titled, ‘‘Ex-
pansion of Export, Reexport, and Transfer (in-Coun-
try) Controls for Military End Use or Military End 
Users in the People’s Republic of China, Russia, or 
Venezuela’’ (85 Fed. Reg. 23459). 
SEC. 14. AUTHORIZATION OF SANCTIONS. 
(a) IN GENERAL.—The President shall impose the 
sanctions described in subsection (b) with respect to a for-
eign person the President determines, based on credible 
evidence, is one of the following: 
(1) A government official, or a senior associate 
of such an official, of China. 
(2) A Chinese manufacturer or supplier, or a 
corporate officer of, or a principal shareholder with 
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controlling interests in, such a manufacturer or sup-
plier, in the following industries: 
(A) Artificial intelligence. 
(B) Genetic engineering technologies. 
(C) Semiconductors. 
(D) Lithium battery manufacturing. 
(E) High-capacity computing. 
(F) Quantum computing. 
(G) Medical equipment. 
(H) Pharmaceuticals. 
(I) Robotics. 
(J) Biotechnology. 
(3) An individual, corporate officer, or principal 
shareholder with controlling interests in a medical 
equipment supplier or pharmaceutical manufacturer 
entity that profited from the global response to the 
spread of the virus responsible for COVID–19. 
(4) A citizen of China who the President deter-
mines to— 
(A) be responsible for or complicit in, or to 
have engaged in, the misappropriation, receipt, 
or use of intellectual property stolen from 
United States persons if that misappropriation, 
receipt, or use is reasonably likely to result in, 
or has materially contributed to, a significant 
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threat to the national security, foreign policy, or 
economy of the United States; 
(B) have materially assisted, sponsored, or 
provided financial, material, or technological 
support for, or goods or services to or in sup-
port of— 
(i) any activity described in subpara-
graph (A); or 
(ii) any person the property and inter-
ests in property of which are blocked pur-
suant to subsection (b)(1); 
(C) be owned or controlled by, or to have 
acted or purported to act for or on behalf of, 
directly or indirectly, any person the property 
and interests in property of which are blocked 
pursuant to subsection (b)(1); 
(D) have attempted to engage in any of 
the activity described in subparagraph (A), (B), 
or (C); or 
(E) be a corporate officer of, or a principal 
shareholder with controlling interests in, an en-
tity described in any of subparagraph (A), (B), 
(C), or (D). 
(5) A Chinese state-owned entity or a Chinese 
entity financed, directed, or controlled by the Gov-
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ernment of China or the Chinese Communist Party, 
that the President determines to, on or after the 
date of the enactment of this Act— 
(A) be responsible for or complicit in, or to 
have engaged in, censorship, surveillance, or 
any other similar or related activity through 
means of telecommunications, including the 
internet; 
(B) have materially assisted, sponsored, or 
provided financial, material, or technological 
support for, or goods or services to or in sup-
port of— 
(i) any activity described in subpara-
graph (A); or 
(ii) any person the property and inter-
ests in property of which are blocked pur-
suant to subsection (b)(1); 
(C) be owned or controlled by, or to have 
acted or purported to act for or on behalf of, 
directly or indirectly, any person the property 
and interests in property of which are blocked 
pursuant to subsection (b)(1); 
(D) have attempted to engage in any of 
the activity described in subparagraph (A), (B), 
or (C); or 
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(E) be a corporate officer of, or a principal 
shareholder with controlling interests in, an en-
tity described in any of subparagraph (A), (B), 
(C), or (D). 
(b) SANCTIONS
DESCRIBED.—The sanctions de-
scribed in this subsection are the following: 
(1) ASSET BLOCKING.—The President shall ex-
ercise all of the powers granted to the President 
under the International Emergency Economic Pow-
ers Act (50 U.S.C. 1701 et seq.) to the extent nec-
essary to block and prohibit all transactions in prop-
erty and interests in property of a foreign person 
identified in the report required under subsection (a) 
if such property and interests in property are in the 
United States, come within the United States, or 
come within the possession or control of a United 
States person. 
(2) INELIGIBILITY FOR VISAS, ADMISSION, OR 
PAROLE.— 
(A) VISAS, ADMISSION, OR
PAROLE.—A 
foreign person described in subsection (a) and 
his or her immediate family members 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 re-
ceive any other benefit under the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et 
seq.). 
(B) CURRENT VISA REVOKED.— 
(i) IN
GENERAL.—A foreign person 
described in subsection (a) is subject to 
revocation of any visa or other entry docu-
mentation regardless of when the visa or 
other entry documentation is or was 
issued. 
(ii) IMMEDIATE
EFFECT.—A revoca-
tion under clause (i) shall— 
(I) take effect immediately; and 
(II) automatically cancel any 
other valid visa or entry documenta-
tion that is in the alien’s possession. 
(C) EXCEPTION TO COMPLY WITH INTER-
NATIONAL OBLIGATIONS.—Sanctions under this 
paragraph shall not apply with respect to a for-
eign person if admitting or paroling such per-
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son into the United States is necessary to per-
mit the United States to comply with the 
Agreement regarding the Headquarters of the 
United Nations, signed at Lake Success June 
26, 1947, and entered into force November 21, 
1947, between the United Nations and the 
United States, or other applicable international 
obligations. 
(c) IMPLEMENTATION.—The President may exercise 
all authorities provided under sections 203 and 205 of the 
International Emergency Economic Powers Act (50 
U.S.C. 1702 and 1704) to carry out this section. 
(d) WAIVER.—The President may waive the applica-
tion of sanctions under this section with respect to a for-
eign person identified in the report required under sub-
section (a) if the President determines and certifies to the 
appropriate congressional committees that such a waiver 
is in the national interest of the United States. 
(e) TERMINATION OF SANCTIONS.—The President 
may terminate the application of sanctions under this sec-
tion with respect to a foreign person if the President deter-
mines and reports to the appropriate congressional com-
mittees not less than 15 days before such termination 
takes effect that China— 
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(1) acknowledges intentionally distorting and 
concealing information concerning the spread of the 
virus responsible for COVID–19; and 
(2) provides compensation to the United States 
for such actions described in paragraph (1), which 
caused an avoidable injury to— 
(A) the life, health, and property of the 
citizens of the United States; and 
(B) the national economy of the United 
States. 
(f) EXCEPTION RELATING TO THE IMPORTATION OF 
GOODS.— 
(1) IN GENERAL.—The authorities and require-
ments to impose sanctions under this section shall 
not include the authority or requirement to impose 
sanctions on the importation of goods. 
(2) GOOD
DEFINED.—In this subsection, the 
term ‘‘good’’ means any article, natural or man- 
made substance, material, supply or manufactured 
product, including inspection and test equipment, 
and excluding technical data. 
(g) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
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(A) the Committee on Foreign Affairs of 
the House of Representatives; and 
(B) the Committee on Foreign Relations of 
the Senate. 
(2) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means— 
(A) an individual who is not a citizen of 
the United States or an alien admitted for per-
manent residence to the United States; or 
(B) a corporation, partnership, or other 
entity which is created or organized under the 
laws of a foreign country or which has its prin-
cipal place of business outside the United 
States. 
SEC. 15. EXPORT CONTROLS ON CERTAIN TELECOMMUNI-
CATION EQUIPMENT. 
(a) IN GENERAL.—Section 1754 of the John S. 
McCain National Defense Authorization Act for Fiscal 
Year 2019 (50 U.S.C. 4813) is amended by adding at the 
end the following: 
‘‘(g) 
CERTAIN
TELECOMMUNICATIONS
EQUIP-
MENT.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of State, the Secretary of 
Defense, and the heads of other appropriate Federal 
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departments and agencies, shall establish and main-
tain a list of goods and technology that would serve 
the primary purpose of assisting, or be specifically 
configured to assist, the People’s Republic of China 
in acquiring the capability to carry out censorship, 
surveillance, or any other similar or related activity 
through means of telecommunications, including the 
internet, the prohibition or licensing of which would 
be effective in barring acquisition or enhancement of 
such capability. 
‘‘(2) PROHIBITION.—Notwithstanding any other 
provision of law, the Secretary shall prohibit the ex-
port of goods or technology on the list established 
under paragraph (1) to Chinese state-owned entities 
or Chinese entities financed, directed, or controlled 
by the People’s Republic of China or the Chinese 
Communist Party. 
‘‘(3) WAIVER.—The President may waive the 
application of paragraph (2) with respect to export 
of goods or technology on the list established under 
paragraph (1) on a case-by-case basis if the Presi-
dent determines and certifies to Congress that it is 
in the national interests of the United States to do 
so. 
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‘‘(4) DEFINITIONS.—In this subsection, the 
term ‘Internet’ has the meaning given the term in 
section 231(e)(3) of the Communications Act of 
1934 (47 U.S.C. 231(e)(3)).’’. 
(b) REGULATIONS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the President 
shall revise the Export Administration Regulations 
and any other regulations necessary to carry out the 
amendment made by subsection (a). 
(2) EXPORT
ADMINISTRATION
REGULATIONS 
DEFINED.—In this subsection, the term ‘‘Export Ad-
ministration Regulations’’ means the Export Admin-
istration Regulations as maintained and amended 
under the authority of the International Emergency 
Economic Powers Act and codified, as of the date of 
the enactment of this Act, in subchapter C of chap-
ter VII of title 15, Code of Federal Regulations. 
(c) EFFECTIVE DATE.—Section 1754(g) of the John 
S. McCain National Defense Authorization Act for Fiscal 
Year 2019 (50 U.S.C. 4813(g)), as added by subsection 
(a), shall take effect on the date of the enactment of this 
Act. 
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SEC. 16. VISA BAN ON RESEARCHERS AFFILIATED WITH 
THE PLA. 
(a) IDENTIFICATION OF PLA-SUPPORTED INSTITU-
TIONS.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, and annually 
thereafter, the Secretary of Homeland Security shall 
publish a list identifying the research, engineering, 
and scientific institutions that the Secretary of 
Homeland Security determines are affiliated with, or 
funded by, the Chinese People’s Liberation Army. 
(2) FORM.—The list published under paragraph 
(1) shall be unclassified and publicly accessible, but 
may include a classified annex. 
(b) EXCLUSION FROM UNITED STATES.—Except as 
provided in subsections (d) and (e), the Secretary of State 
may not issue a visa under subparagraph (F) or (J) of 
section 101(a)(15) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)), and the Secretary of Homeland 
Security may not admit, parole into the United States, 
or otherwise provide nonimmigrant status under such sub-
paragraphs, to any alien who is, or has previously been, 
employed, sponsored, or funded by any entity identified 
on the most recently published list under subsection (a). 
(c) INQUIRY.—Before issuing a visa described in sub-
section (b) to a national of China, the Secretary of State, 
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the Secretary of Homeland Security, a consular officer, 
or a U.S. Customs and Border Protection officer shall ask 
the alien seeking such visa if the alien is, or has previously 
been, employed, funded, or otherwise sponsored by the 
Chinese People’s Liberation Army or any of the affiliated 
institutions identified on the most recently published list 
under subsection (a). 
(d) EXCEPTION TO COMPLY WITH UNITED NATIONS 
HEADQUARTERS AGREEMENT.—Subsection (b) shall not 
apply to an individual if admitting the individual to the 
United States is necessary to permit the United States 
to comply with the Agreement between the United Nations 
and the United States of America regarding the Head-
quarters of the United Nations, signed June 26, 1947, 
and entered into force November 21, 1947, and other ap-
plicable international obligations. 
(e) NATIONAL SECURITY WAIVER.—The President, 
or a designee of the President, may waive subsection (b) 
if the President or such designee certifies in writing to 
the appropriate congressional committees that such waiver 
is in the national security interest of the United States. 
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SEC. 17. PROHIBITION ON INVESTMENT OF TSP I FUND IN 
CHINA. 
(a) IN GENERAL.—Section 8438(b)(4) of title 5, 
United States Code, is amended by adding at the end the 
following: 
‘‘(C) The index selected by the Board 
under subparagraph (A) may not include invest-
ments in any stock of an entity based in the 
People’s Republic of China.’’. 
(b) DIVESTITURE OF ASSETS.—Not later than 60 
days after the date of the enactment of this Act, the Fed-
eral Retirement Thrift Investment Board (as established 
under section 8472(a) of title 5, United States Code), in 
consultation with the manager of the Thrift Savings Fund, 
shall— 
(1) review whether any sums in the Thrift Sav-
ings Fund are invested in contravention of subpara-
graph (C) of section 8438(b)(4) of such title, as 
added by subsection (a); 
(2) if any sums are so invested, and consistent 
with the legal and fiduciary duties provided under 
chapter 84 of such title or any other provision of 
law, divest such sums; and 
(3) re-invest the divested sums in investments 
that do not contradict such subparagraph. 
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SEC. 18. PROTECTING PHARMACEUTICAL ACCESS FOR 
AMERICANS. 
(a) LIST OF CRITICAL DRUGS PRODUCED EXCLU-
SIVELY IN CHINA.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of enactment of this Act, the Commissioner 
of Food and Drugs shall submit to the Congress a 
list of all critical drugs and critical active pharma-
ceutical ingredients— 
(A) that are produced in China; and 
(B) the supply of which would be disrupted 
for United States consumers if such production 
were discontinued or interrupted. 
(2) DEFINITIONS.—In this subsection: 
(A) The term ‘‘critical active pharma-
ceutical ingredient’’ means an active pharma-
ceutical ingredient in a critical drug. 
(B) The term ‘‘critical drug’’ means a 
product that— 
(i) is a drug (as defined in section 
201 of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 321)) for which the 
approval of an application submitted under 
subsection (b) or (j) of section 505 of such 
Act (21 U.S.C. 355) or subsection (a) or 
(k) of section 351 of the Public Health 
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Service Act (42 U.S.C. 352) remains in ef-
fect; and 
(ii) is deemed by the Commissioner of 
Food and Drugs to be critical to the health 
and safety of United States consumers. 
(C) The term ‘‘produce’’ means manufac-
tured, prepared, propagated, compounded, or 
processed, in whole or in part. 
(b) CERTIFICATION CONCERNING CHINESE PHARMA-
CEUTICAL REGULATION.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Commis-
sioner of Food and Drugs (in this subsection re-
ferred to as the ‘‘Commissioner’’) shall certify to the 
Congress whether the Chinese pharmaceutical indus-
try is being regulated for safety (including regula-
tion of such industry by Chinese authorities and the 
Food and Drug Administration) to substantially the 
same degree as the United States pharmaceutical in-
dustry. 
(2) INVESTIGATIONS.—The Commissioner— 
(A) shall conduct such investigations as 
may be necessary to make the certification re-
quired by paragraph (1); and 
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(B) in conducting such investigations, may 
use unannounced inspections and demand all 
necessary onsite access. 
(3) PLAN.—If the Commissioner certifies pur-
suant to paragraph (1) that the Chinese pharma-
ceutical industry is not being regulated for safety to 
substantially the same degree as the United States 
pharmaceutical industry, the Commissioner shall, 
not later than 60 days after the Commissioner sub-
mits the certification required by paragraph (1), 
submit a plan to the Congress to protect United 
States consumers from unsafe Chinese drugs. 
(c) PURCHASING PLAN.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary 
of Defense, in coordination with the Secretary of 
Health and Human Services and the Commissioner 
of Food and Drugs, shall submit to the Congress— 
(A) a plan to ensure that by 2024 no phar-
maceutical products purchased for beneficiaries 
of health care from the Department of Defense 
or any associated program are made in part or 
in whole in China; and 
(B) an assessment of the resilience and ca-
pacity of the current supply chain and indus-
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trial base to support national defense if no 
pharmaceutical products purchased for bene-
ficiaries of health care from the Department of 
Defense or any associated program are made in 
part or in whole in China, including with re-
spect to— 
(i) the manufacturing capacity of the 
United States; 
(ii) gaps in domestic manufacturing 
capabilities, including non-existent, extinct, 
threatened, and single-point-of-failure ca-
pabilities; and 
(iii) supply chains with single points 
of failure and limited resiliency. 
(2) REQUIRED
RECOMMENDATIONS.—The as-
sessment under paragraph (1)(B) shall include rec-
ommendations— 
(A) to address critical bottlenecks in the 
supply of pharmaceutical products in the 
United States; and 
(B) to mitigate single points of failure and 
limited resilience of supply chains for pharma-
ceutical products in the United States. 
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SEC. 19. REMOVAL OF CHINA’S DESIGNATION AS A DEVEL-
OPING COUNTRY IN INTERNATIONAL BODIES. 
(a) STATEMENT OF POLICY.—It is the policy of the 
United States to oppose efforts by China to use its self- 
declared status as a developing country to lessen its obli-
gations under international agreements, dispute settle-
ment proceedings, negotiations, rules, and regulations. 
(b) WORLD BANK.—The Secretary of the Treasury 
shall instruct the United States Executive Director at the 
International Bank for Reconstruction and Development 
to pursue the removal of China from eligibility for assist-
ance from the Bank. 
(c) DESIGNATION OF CHINA AS A DEVELOPED COUN-
TRY.— 
(1) UNITED
STATES
TRADE
LAW.—Notwith-
standing any other provision of law, China shall be 
treated as a developed country for the purposes of 
United States trade law. 
(2) WTO DESIGNATION.—The President shall 
direct the United States Trade Representative to use 
the voice, vote, and influence of the United States to 
secure changes at the World Trade Organization 
to— 
(A) prevent China from receiving benefits 
under the rules and regulations of the World 
VerDate Sep 11 2014 
06:34 Jul 14, 2021
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E:\BILLS\H3882.IH
H3882
pbinns on DSKJLVW7X2PROD with BILLS