Countering Communist China Act
Bill: H.R.4792 | Sponsor: Rep. Banks, Jim (R-IN)
Policy area: International Affairs

Summary:
Countering Communist China Act
This bill addresses issues related to China, tax incentives, and other topics.
The bill imposes visa- and property-blocking sanctions on certain entities and individuals that (1) are involved in acts of malign disinformation on behalf of a foreign government or political party, or (2) have engaged in a pattern of significant infringement of intellectual property belonging to a U.S. entity or individual. It also authorizes sanctions on developers and owners of software that makes unauthorized transmissions of user data to servers that are located in China and are accessible by China's government.
The bill also

To counter the malign influence and theft perpetuated by the People's 
           Republic of China and the Chinese Communist Party.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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 
                            knowingly 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 software programs that engage in theft 
                            or unauthorized transmission 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 behalf of communist countries.
Sec. 107. Annual disclosure of contributions from foreign governments 
                            and political 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 
                            members 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 certain cultural exchanges.
Sec. 113. Prohibition on any TSP fund investing in entities based in 
                            the People'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 containing 
                            sensitive personal data under the 
                            International Emergency Economic Powers 
                            Act.
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 
                            National 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 processing 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

  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 governments.
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 research.
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 Taiwan.
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 sexual violence.
Sec. 608. Sense of Congress on the 2022 Winter Olympics.
Sec. 609. Limitations on funds made available for the United Nations 
                            Population Fund.
Sec. 610. Prohibition on use of funds for abortions and involuntary 
                            sterilizations.
Sec. 611. Prohibition on certain funding relating to provision of an 
                            open platform 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 Communist 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 employed 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.
Sec. 904. Prohibition on allocations for perpetrators of genocide and 
                            state sponsors of terrorism without 
                            congressional authorization.
Sec. 905. Opposition to quota increase for countries that undermine IMF 
                            principles.
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 
                            priorities.
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 principles antithetical to 
        human freedom and dignity including Communism and 
        authoritarianism.
            (3) The People's Republic of China and the Chinese 
        Communist Party seek to undermine free societies around the 
        world and establish an alternative world order rooted in 
        authoritarianism.
            (4) In November 2012, at the 17th CCP Congress, General 
        Secretary Xi Jinping first announced his vision for achieving 
        ``the Chinese dream of national 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 economy, 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 China's 
        centrally controlled economy has been fueled largely by tools 
        of economic coercion, including intellectual 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.
            (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 democracies. It frequently targets 
        academia, the media, business, and cultural institutions to 
        suppress criticism and promote positive views of the CCP.
            (9) The foremost victims of the People's Republic 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 Muslims in Xinjiang province, in 
        addition to brutal crackdowns against the people of Tibet and 
        Hong Kong.
            (11) The CCP continues to obfuscate the origins of the 
        COVID-19 pandemic which started in Wuhan, China and has refused 
        to allow an impartial international investigation into the 
        origins of the pandemic.
            (12) Manifestations of expressions of racism, bigotry, 
        discrimination, anti-Asian rhetoric, and xenophobia against 
        people of Asian descent are contrary to the values we hold 
        dearest as Americans, counterproductive 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 amendment 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 
amendments to other persons or circumstances, shall not be affected.

    TITLE I--MATTERS RELATING TO COUNTERING CHINA'S MALIGN 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 GOVERNMENT OR POLITICAL PARTY FOR 
              PURPOSES OF POLITICAL WARFARE.

    (a) Imposition of Sanctions.--The President shall impose the 
sanctions described in subsection (b) with respect 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 purpose or 
effect of influencing political, diplomatic, or educational 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 residence.
    (b) Sanctions Described.--
            (1) In general.--The sanctions described in this subsection 
        with respect to a foreign person determined by the President to 
        be subject to subsection (a) are the following:
                    (A) Asset blocking.--The President shall exercise 
                of all powers granted to the President by the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1701 et seq.) to the extent necessary to block and 
                prohibit all transactions in property and interests in 
                property of the foreign person if such property and 
                interests 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 individuals.--
                            (i) Ineligibility for visas, admission, or 
                        parole.--In the case of a foreign person who is 
                        an individual, the foreign 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 Nationality 
                                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 
                                        documentation that is in the 
                                        person's possession.
            (2) Penalties.--A person that violates, attempts 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 section 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 nations 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 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) Waiver.--The President may, 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 
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 Emergency 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 implementing.
    (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)).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on the Judiciary, the Committee on Ways and Means, and 
                the Committee on Financial 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 person'' 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 individual or 
        entity.
            (6) Property; interest in property.--The terms ``property'' 
        and ``interest in property'' have the meanings given the terms 
        ``property'' and ``property 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 permanent 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 January 1, 2025.

SEC. 102. DETERMINATION WITH RESPECT TO THE IMPOSITION OF SANCTIONS ON 
              THE UNITED FRONT WORK DEPARTMENT OF THE CHINESE COMMUNIST 
              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 Chinese Communist Party, or any component or official thereof, 
meets the criteria for the application of sanctions pursuant 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 Policy 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 activities).
    (b) Form.--The determination required by subsection (a) shall be 
submitted in unclassified form but may contain a classified annex.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Foreign Affairs, the Permanent Select Committee on 
        Intelligence, the Committee on Financial 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 Committee 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 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.

    Section 203 of the International Emergency Economic Powers Act (50 
U.S.C. 1702) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c)(1) Notwithstanding subsection (b), the authority granted to 
the President by this section includes the authority 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 United States BulkPower System', and 
        including the list of foreign adversaries identified by the 
        Department 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 Secretary 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 Assistance Act 
                of 1961 (22 U.S.C. 2371);
                    ``(iii) section 40 of the Arms Export Control 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 PROGRAMS THAT ENGAGE IN THEFT OR UNAUTHORIZED 
              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 respect to any foreign person that the President 
determines has developed, maintains, provides, owns, or controls a 
mobile application or software program that--
            (1) engages in the theft or unauthorized transmission 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 determined by the President to 
        be subject to subsection (a) are the following:
                    (A) Asset blocking.--The President shall exercise 
                of all powers granted to the President by the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1701 et seq.) to the extent necessary to block and 
                prohibit all transactions in property and interests in 
                property of the foreign person if such property and 
                interests 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 individuals.--
                            (i) Ineligibility for visas, admission, or 
                        parole.--In the case of a foreign person who is 
                        an individual, the foreign 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 Nationality 
                                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 
                                        documentation that is in the 
                                        person's possession.
            (2) Penalties.--The penalties provided for in subsections 
        (b) and (c) of section 206 of the International 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 subsection 
        (e) to implement this section to the same extent that such 
        penalties apply to a person that commits an unlawful act 
        described in section 206(a) of such Act.
            (3) Exception to comply with united nations 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 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) 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 Emergency 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 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 regulations 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 committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on the Judiciary, the Committee on Ways and Means, and 
                the Committee on Financial 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.
            (3) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.

SEC. 105. DETERMINATION WITH RESPECT TO THE IMPOSITION 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 committees a determination, including a 
detailed justification, regarding whether WeChat and TikTok, or any 
component thereof, or any entity owned or controlled by WeChat, 
satisfies 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 activities).
    (b) Form.--The determination required by subsection (a) shall be 
submitted in unclassified form but may contain a classified annex.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Foreign Affairs, the Permanent Select Committee on 
        Intelligence, the Committee on Financial 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 Committee 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 provision of this 
section, a former Member of Congress may not make a lobbying contact 
under this Act, or any communication which would be a lobbying contact 
under this Act if it were not disclosed under the Foreign Agents 
Registration 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 
              ORGANIZATIONS.

    (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 paragraph (16) as paragraph (17) and by 
inserting after paragraph (15) the following new paragraph:
            ``(16) with respect to each government of a foreign 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 excess 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 Information.--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 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 SENIOR 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 respect 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 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 determined by the President to 
        be subject to subsection (a) are the following:
                    (A) Asset blocking.--The President shall exercise 
                of all powers granted to the President by the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1701 et seq.) to the extent necessary to block and 
                prohibit all transactions in property and interests in 
                property of the foreign person if such property and 
                interests 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 individuals.--
                            (i) Ineligibility for visas, admission, or 
                        parole.--Such a foreign 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 Nationality 
                                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, 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 
                                        documentation that is in the 
                                        person's possession.
            (2) Penalties.--The penalties provided for in subsections 
        (b) and (c) of section 206 of the International 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 subsection 
        (f) to implement this section to the same extent that such 
        penalties apply to a person that commits an unlawful act 
        described in section 206(a) of that Act.
            (3) Exception to comply with united nations 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 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) 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 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 section if the President determines 
and reports to the appropriate congressional committees not later than 
15 days before 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 Emergency 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 implementation 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 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 January 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 committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on the Judiciary, the Committee on Ways and Means, and 
                the Committee on Financial 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.
            (3) Foreign person.--The term ``foreign person'' means a 
        person that is not a national or citizen of the United States 
        or lawfully admitted for permanent residence in the United 
        States.

SEC. 109. DETERMINATION WITH RESPECT TO THE IMPOSITION 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, regarding 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 activities).
            (3) The Global Magnitsky Human Rights Accountability Act 
        (22 U.S.C. 2656 note).
            (4) The Uyghur Human Rights and Policy Act of 2020 (Public 
        Law 116-145).
            (5) The Hong Kong Human Rights and Democracy Act of 2019 
        (Public Law 116-76).
    (b) Form.--The determination required by subsection (a) shall be 
submitted in unclassified form but may contain a classified annex.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Foreign Affairs, the Committee on Financial 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 Committee on Banking, Housing, and Urban 
        Affairs, and the Committee 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 impose the sanctions 
described in section 108 with respect to each individual specified in 
subsection (b).
    (b) Individuals and Organizations Described.--The individuals 
specified in this subsection are the following:
            (1) Wu Yingjie.
            (2) Wang Yang.
            (3) Han Zheng.
            (4) Xia Baolong.

SEC. 111. CONTINUATION IN EFFECT OF CERTAIN EXPORT CONTROLS.

    (a) Huawei Technologies Co. Ltd.--The Secretary 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 congressional committees that Huawei 
Technologies Co. Ltd., and its subsidiaries and affiliates--
            (1) have not engaged in activities that are contrary 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 Secretary of Commerce--
            (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 committees a report that--
                    (A) identifies and describes all license 
                applications received by the Department of Commerce to 
                export, reexport, or transfer (in-country) 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 applications 
                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:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' 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 CULTURAL EXCHANGES.

    Subsection (a) of section 108A of the Mutual Educational and 
Cultural Exchange Act of 1961 (22 U.S.C. 2458a(a)) is amended by adding 
at the end the following new paragraph:
            ``(3) For purposes of this section, the term `foreign 
        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 following:
    ``(i) Notwithstanding any other provision of this section, 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 Savings Fund are 
        invested in violation of subsection (i) of section 8438 of that 
        title, as added by subsection (a) of this section;
            (2) if any sums are invested in the manner described in 
        paragraph (1), divest those sums in a manner that is consistent 
        with the legal and fiduciary 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).''.

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 approval 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 INVESTMENT IN THE UNITED 
              STATES OF GREENFIELD INVESTMENTS BY PEOPLE'S REPUBLIC OF 
              CHINA.

    (a) Inclusion in Definition of Covered Transaction.--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:
                            ``(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 person 
                        that--
                                    ``(I) involves--
                                            ``(aa) the completed or 
                                        planned purchase or lease by, 
                                        or a concession to, the foreign 
                                        person of private or public 
                                        real estate 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, 
                                including 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;
                                            ``(bb) a person owned or 
                                        controlled by, or acting on 
                                        behalf of, that Government;
                                            ``(cc) an entity in which 
                                        that Government has, directly 
                                        or indirectly, 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 appointment of, any members 
                                        of the board of directors, 
                                        board of supervisors, or an 
                                        equivalent governing body 
                                        (including external directors 
                                        and other individuals who 
                                        perform the duties usually 
                                        associated with such titles) or 
                                        officers (including the 
                                        president, senior vice 
                                        president, executive vice 
                                        president, and other 
                                        individuals who perform duties 
                                        normally associated with such 
                                        titles) of any other entity 
                                        that held, directly or 
                                        indirectly, including through 
                                        formal or informal arrangements 
                                        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, including 
                                        through formal or informal 
                                        arrangements to act in concert, 
                                        a 5 percent or greater interest 
                                        in the entity are members of 
                                        the Chinese Communist Party or 
                                        have been members of the 
                                        Chinese Communist Party in the 
                                        preceding 3 years.''.
    (b) Definition of Government of People's Republic of China.--
Section 721(a) of the Defense Production 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
            (2) by inserting after paragraph (7) the following:
            ``(7) Government of people's republic of china.--The term 
        `Government of the People's Republic of China' includes the 
        national and subnational governments within the People's 
        Republic of China, including any departments, agencies, or 
        instrumentalities of such governments.''.
    (c) Mandatory Filing of Declarations.--Section 
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 
                                                transaction described 
                                                in subsection 
                                                (a)(4)(B)(vi) shall 
                                                submit a declaration 
                                                described in subclause 
                                                (I) with respect to the 
                                                transaction.''.

SEC. 116. MODIFICATION OF AUTHORITIES TO REGULATE OR PROHIBIT THE 
              IMPORTATION OR EXPORTATION OF INFORMATION OR 
              INFORMATIONAL MATERIALS CONTAINING SENSITIVE PERSONAL 
              DATA UNDER THE INTERNATIONAL 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 
                        sensitive 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:
            ``(1) Personally identifiable information, including 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, professional 
                liability insurance, mortgage insurance, or life 
                insurance.
                    ``(D) Data relating to the physical, mental, or 
                psychological health condition of an individual.
                    ``(E) Non-public electronic communications, 
                including email, messaging, or chat communications, 
                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.
                    ``(F) Geolocation data collected using positioning 
                systems, cell phone towers, or WiFi access points such 
                as via a mobile application, vehicle 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 generating a 
                Federal, State, tribal, territorial, or other 
                government identification card.
                    ``(I) Data concerning United States Government 
                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 results of an 
        individual's genetic tests, including any related genetic 
        sequencing data, whenever such results, in isolation or in 
        combination with previously released or publicly available 
        data, constitute identifiable data. Such results shall not 
        include data derived from databases maintained by the United 
        States Government and routinely provided to private parties for 
        purposes of research. For purposes of this paragraph, the term 
        `genetic test' has the meaning 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 authority 
        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 agricultural 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.

         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 enactment of this Act, 
the Director of National Intelligence shall--
            (1) declassify any and all information relating to 
        potential links between the Wuhan Institute of Virology and the 
        origin of the Coronavirus Disease 2019 (COVID-19), including--
                    (A) activities performed by the Wuhan Institute of 
                Virology with or on behalf of the People'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 
                        researcher's symptoms;
                            (iv) the researcher's role at the Wuhan 
                        Institute of Virology;
                            (v) whether the researcher was involved 
                        with or exposed to coronavirus research 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 REWARDS PROGRAM.

    Subsection (b) of section 36 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2708) is amended--
            (1) in paragraph (12), by striking ``or'' after the 
        semicolon at the end;
            (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 
        laboratories, 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 REIMBURSEMENT FROM CHINA OF FUNDS 
              MADE AVAILABLE BY THE UNITED STATES GOVERNMENT TO ADDRESS 
              COVID-19.

    (a) Executive Strategy.--The President, in consultation with the 
Secretary of the Treasury, and the Secretary 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.
    (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 subsection (a) and its implementation.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Appropriations, the Committee on the 
        Budget, and the Committee on Ways and Means of the House of 
        Representatives;
            (2) the Committee on Appropriations, the Committee on the 
        Budget, and the Committee on Finance of the Senate; and
            (3) the Joint Economic Committee.

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.

    (a) In General.--Notwithstanding any other provision 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 assessed or voluntary contributions to the World Health 
Organization 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 described in this 
subsection are the following:
            (1) The World Health Organization has adopted 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 involved in a 
        coverup of the Chinese Communist Party's response to the COVID-
        19 pandemic.
            (4) The World Health Organization grants observer status to 
        Taiwan.
            (5) The World Health Organization does not divert 
        humanitarian or medical supplies to Iran, North Korea, or 
        Syria.
            (6) The World Health Organization has put in place 
        mechanisms to increase transparency and accountability in its 
        operations and eliminate waste, fraud, and abuse.

SEC. 205. ESTABLISHMENT OF A JOINT SELECT COMMITTEE 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 Senate 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 ``Member'' of the House of 
        Representatives includes a Delegate or Resident Commissioner to 
        the Congress.
    (b) Co-Chairs.--Two of the members of the Joint Select Committee 
shall serve as co-chairs of the Joint Select 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 appointed 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 because 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 Committee 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.

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 making early warnings, punish whistleblowers, 
        and restrict freedom of information about such coronavirus.
            (5) All policies, decisions, and activities by China to 
        spread misinformation regarding the origins and causes of such 
        coronavirus, including accusations 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 organizations, 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 activities 
        related to influencing the World Health Organization's response 
        to the outbreak of such coronavirus, including individuals and 
        entities responsible 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 domestic and 
        global supply chain to combat a global pandemic due to reliance 
        on Chinese manufacturing and recommendations for decreasing 
        dependence on Chinese manufacturing by improving and securing a 
        domestic supply chain for antibiotics, viral drugs, critical 
        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 China'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 handling 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 having 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 report issued under 
subsection (a), the Joint Select Committee may issue such interim 
reports as it considers necessary.
    (d) Classified Annex.--The Joint Select Committee 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 subsection, the term 
        ``2019 novel coronavirus'' means the coronavirus disease 
        (COVID-19) and severe acute respiratory syndrome coronavirus 2 
        (SARS-CoV-2).

SEC. 208. POWERS.

    (a) Hearings and Other Activities.--For the purpose of carrying out 
its duties, the Joint Select Committee 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 Select Committee may 
require by subpoena the attendance of such witnesses and the production 
of such books, papers, and documents, as it considers appropriate.
    (c) Access to Legislative Branch Services.--The Joint Select 
Committee shall have access to the services of the Government 
Accountability Office, the Congressional 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 operations, including rules governing the issuance 
of subpoenas 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 Secretary 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 considers 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 appointed by the 
                other co-chair.
                    (B) Detail of congressional employees.--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 detail, without reimbursement, any of the 
                staff of the office to the Joint Select Committee to 
                assist 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 vouchers authorized by the Joint 
        Select Committee, signed by co-chairs of the Joint Select 
        Committee, and approved 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--
                    (A) 50 percent shall be derived from the applicable 
                accounts of the House of Representatives; and
                    (B) 50 percent shall be derived from the contingent 
                fund of the Senate.

SEC. 210. TERMINATION.

    (a) Termination Date.--The Joint Select Committee 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.

SEC. 212. AMENDMENTS TO THE CHEMICAL AND BIOLOGICAL WEAPONS CONTROL AND 
              WARFARE ELIMINATION ACT OF 1991.

    (a) Purposes and Definitions.--Section 502 of the Chemical and 
Biological Weapons Control and Warfare Elimination Act of 1991 (22 
U.S.C. 5601) is amended--
            (1) in the section heading, by adding at the end before the 
        period the following: ``and definitions'';
            (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 chemical or 
                biological program owned, controlled, or directed by, 
                or subject to the jurisdiction of the government of a 
                foreign state'' after ``nationals''; 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 government of a foreign state, 
        includes the government 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 government 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, producing, 
                        or exporting.''.
    (b) Determinations Regarding Use of Chemical or Biological 
Weapons.--Section 506 of the 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 credible information becomes 
                available to the executive branch indicating a 
                substantial possibility that, on or after January 1, 
                2020, the government of a foreign country has engaged 
                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 jurisdiction of the 
                government of a foreign state, the President shall, 
                within 60 days after the receipt of such information by 
                the executive branch, determine 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 
                directed by, or subject to the jurisdiction of the 
                government of a foreign state. Section 507 applies if 
                the President determines that that government 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 subject 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 governments or 
                        international organizations regarding an act or 
                        acts of gross negligence.
                            ``(iv) Whether, and to what extent, the 
                        government in question is compliant with its 
                        obligations 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 applicable.
                            ``(v) Whether, and to what extent, the 
                        government in question is providing or 
                        otherwise voluntarily disclosing substantive 
                        information to relevant international 
                        organizations.''; 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 inserting 
                        ``under paragraph (1)'' after 
                        ``determination''; and
                            (iii) by adding at the end the following: 
                        ``If the determination under paragraph (3) is 
                        that a foreign government had engaged 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 
                        jurisdiction of the government of a foreign 
                        state, the report shall specify the sanctions 
                        to be imposed pursuant to section 507A.''; and
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``whether a particular 
                        foreign government'' and inserting the 
                        following: ``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 following:
                    ``(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, controlled, or directed by, or subject 
                to the jurisdiction of the government of a foreign 
                state.''; and
                    (B) in paragraph (2)--
                            (i) in the first sentence--
                                    (I) by striking ``whether the 
                                specified government'' and inserting 
                                the following: ``whether--
                    ``(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 directed 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 Respect 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:

``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 respect to the government of 
        a foreign state, the President shall, within 30 days of making 
        such determination, impose the sanctions described in paragraph 
        (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 export 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.--
            ``(1) Determination.--Not later than 120 days after making 
        a determination pursuant to section 506(a)(3) with respect to a 
        government of a foreign state, the President shall submit to 
        the appropriate congressional committees a determination as to 
        whether--
                    ``(A) such government has adequately addressed an 
                act 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;
                    ``(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 otherwise 
                voluntarily disclosing substantive information to the 
                United States and relevant international 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.
            ``(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 urgent humanitarian assistance and 
                food or other agricultural commodities or products.
                    ``(B) No sales of any defense articles, defense 
                services, or design and construction services under the 
                Arms Export Control Act (22 U.S.C. 2751 et seq.) may be 
                made to the government 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.
                    ``(D) No exports of any goods or technologies 
                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 reporting requirements of title V of the 
                National Security Act of 1947 (50 U.S.C. 413 et seq.; 
                relating to congressional oversight of intelligence 
                activities).
                    ``(E) The President may order the United States 
                Government not to issue any specific license and not to 
                grant any other specific permission 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 for the export or 
                        reexport of goods or services.
    ``(c) Final Application of Sanctions.--
            ``(1) Determination.--Not later than 210 days after making 
        a determination pursuant to section 506(a)(3) with respect to a 
        government of a foreign state, the President shall submit to 
        the appropriate 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 
        described in paragraph (3) with respect to the government 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, prohibit 
                any transactions in foreign exchange that are subject 
                to the jurisdiction of the United States and in which 
                the government of the foreign state has any interest.
                    ``(B) The President shall, pursuant to such 
                regulations as the President may prescribe, prohibit 
                any transfers of credit or payments between one or more 
                financial institutions or by, through, or to any 
                financial institution, to the extent that such 
                transfers or payments are subject 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 government 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 government 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 respect to a chemical or 
        biological program owned, controlled, or directed by, or 
        subject to the jurisdiction of the government of a foreign 
        state;
            ``(2) such government has developed or is developing 
        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 organizations;
            ``(4) such government is compliant with its obligations 
        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 
        applicable; 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, including United States persons.
    ``(e) Waiver.--
            ``(1) In general.--The President may, for periods not to 
        exceed 180 days, waive the imposition of sanctions under this 
        section if the President certifies to the appropriate 
        congressional committees that such waiver is vital to the 
        national security interests 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 enactment of this section.
    ``(f) Appropriate Congressional Committees Defined.--In this 
section, the term `appropriate congressional 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 Affairs of the Senate.''.

SEC. 213. DETERMINATION REGARDING THE PEOPLE'S REPUBLIC OF CHINA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President shall determine 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 jurisdiction of 
that government under section 506(a)(3) of the 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 congressional 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 include 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 subsection (a), the President shall 
notify the appropriate congressional committees regarding the proposed 
regulations and the provisions of this Act and the amendments made by 
this Act that the regulations are implementing.

SEC. 215. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this Act, the term ``appropriate congressional 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 Affairs of the Senate.

SEC. 216. LIMITATION ON RESEARCH BY THE NATIONAL SCIENCE FOUNDATION AND 
              NATIONAL INSTITUTES OF HEALTH.

    Notwithstanding any other provision of law, none of the activities 
authorized for the National Science Foundation and National Institutes 
of Health may include, conduct, 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 destroyed, 
        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
            (5) using any stem cell the derivation of which would be 
        inconsistent with the standards established herein.

SEC. 217. PROHIBITION ON CERTAIN HUMAN-ANIMAL CHIMERAS.

    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.
``Sec. 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 embryo'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;
                    ``(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 features; 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
                            ``(iii) it exhibits human facial features 
                        or other bodily morphologies to resemble human 
                        features.
            ``(2) Human embryo.--The term `human embryo' means an 
        organism of the species Homo sapiens during the earliest stages 
        of development, from 1 cell up to 8 weeks.
``Sec. 1132. Prohibition on certain human-animal chimeras
    ``(a) In General.--It shall be unlawful for any person to 
knowingly, in or otherwise affecting interstate commerce--
            ``(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 nonhuman embryo 
        into a human womb; or
            ``(4) transport or receive for any purpose a prohibited 
        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.
            ``(2) Civil penalty.--Whoever violates subsection (a) and 
        derives pecuniary gain from such violation 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 animal 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 relating to chapter 51 the 
following:

``52. Certain Types of Human-Animal Chimeras Prohibited.....    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 of Food and Drugs, shall submit to Congress a report on 
barriers, including regulatory inefficiencies, to domestic 
manufacturing of active pharmaceutical ingredients, finished 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 manufacturing 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 Cosmetic Act (21 U.S.C. 379j-41).

SEC. 302. TAX INCENTIVES FOR RELOCATING MANUFACTURING OF 
              PHARMACEUTICALS AND MEDICAL SUPPLIES AND DEVICES TO THE 
              UNITED STATES.

    (a) Accelerated Depreciation for Nonresidential 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 Nonresidential Real Property 
Acquired in Connection With the Relocation of Manufacturing of 
Pharmaceuticals 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 property.--For purposes 
        of this subsection, the term `qualified nonresidential real 
        property' means nonresidential real property placed in service 
        in the United States by a qualified manufacturer if such 
        property is acquired by such qualified manufacturer in 
        connection with a qualified relocation of manufacturing.
            ``(4) Qualified manufacturer.--For purposes of this 
        subsection, the term `qualified manufacturer' means any person 
        engaged in the trade or business of manufacturing a qualified 
        medical product.
            ``(5) Qualified medical product.--For purposes of this 
        subsection, the term `qualified medical product' means any 
        pharmaceutical, medical device, or medical supply.
            ``(6) Qualified relocation of manufacturing.--For purposes 
        of this subsection--
                    ``(A) In general.--The term `qualified relocation 
                of manufacturing' means, with respect to any qualified 
                manufacturer, the relocation of the manufacturing of a 
                qualified medical product from a foreign country to the 
                United States.
                    ``(B) Relocation of property not required.--For 
                purposes of subparagraph (A), manufacturing shall not 
                fail to be treated as relocated merely because property 
                used in such manufacturing was not relocated.
                    ``(C) Relocation of not less than equivalent 
                productive capacity required.--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 qualified 
                manufacturer is not less than the reduction in the 
                units of production of such property in such foreign 
                country by such qualified manufacturer.
            ``(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 Property 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:

``SEC. 139I. EXCLUSION OF GAIN ON DISPOSITION OF PROPERTY IN CONNECTION 
              WITH QUALIFIED RELOCATION OF MANUFACTURING.

    ``(a) In General.--In the case of a qualified manufacturer, gross 
income shall not include gain from the sale or exchange of qualified 
relocation disposition property.
    ``(b) Qualified Relocation Disposition Property.--For purposes of 
this section, the term `qualified relocation disposition property' 
means any property which--
            ``(1) is sold or exchanged by a qualified manufacturer 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 sections for part III 
        of subchapter B of chapter 1 of such Code is amended by 
        inserting after the item relating to section 139H the following 
        new item:

``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 enactment of this Act.
            (2) Exclusion of gain.--The amendments made by subsection 
        (b) shall apply to sales and exchanges 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:
                            ``(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, 
                        particularly in the event of a declared 
                        emergency.
                            ``(ii) To ensure that a party to the 
                        agreement--
                                    ``(I) will reduce or eliminate 
                                regulatory and other technical barriers 
                                in the pharmaceutical sector;
                                    ``(II) will promote expedited 
                                approval of facilities for the 
                                production of such products being built 
                                by business enterprises that operate 
                                one or more such facilities in the 
                                territory of the party;
                                    ``(III) will promote the use of 
                                good regulatory practices and 
                                streamlined 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 
                                the time for approvals of both 
                                facilities and such products; and
                                    ``(V) will expand transparency and 
                                cooperation with other parties and 
                                their manufacturers, working 
                                collaboratively, to ensure regulatory 
                                processes are streamlined and 
                                harmonized among other parties to the 
                                maximum extent possible.
                            ``(iii) To prohibit export restraints 
                        against parties to the agreement, particularly 
                        in the event of a declared emergency.
                            ``(iv) With respect to use of subsidies--
                                    ``(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 
                                contingent on exports or import-
                                substitution, to incentivize 
                                manufacturing of such products, 
                                including the provision of grants, 
                                loans, tax incentives, and guaranteed 
                                price and volume contracts;
                                    ``(II) to explicitly permit, among 
                                parties to the agreement, the use of 
                                production subsidies to build 
                                pharmaceutical 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' 
                                commitments under the Antidumping 
                                Agreement and the Agreement on 
                                Subsidies and Countervailing Measures, 
                                including the recognition that 
                                `dumping, by which products of one 
                                country are introduced into the 
                                commerce of another country at less 
                                than the normal value of the products, 
                                is to be condemned if it causes or 
                                threatens material injury to an 
                                established industry in the territory 
                                of a contracting party or materially 
                                retards the establishment of a domestic 
                                industry'; and
                                    ``(V) to encourage notification and 
                                consultation among parties as they are 
                                considering pharmaceutical 14 
                                manufacturing subsidies to increase 
                                coordination and avoid creating 
                                conditions such as oversupply or market 
                                inefficiencies among the parties.
                            ``(v) With respect to government 
                        procurement--
                                    ``(I) to provide reciprocal access 
                                to government procurements for such 
                                products in parties to the agreement;
                                    ``(II) to increase coordination 
                                between participant countries and 
                                facilitate the involvement of 
                                participant countries' companies in 
                                bids to supply such products; and
                                    ``(III) to ensure that any 
                                participant in the agreement that is 
                                not already so designated, becomes 
                                designated for purposes of section 301 
                                of the Trade Agreements Act of 1979 (19 
                                U.S.C. 2511).
                            ``(vi) With respect to trade in services--
                                    ``(I) to obtain fair, open, and 
                                transparent access to supply chain 
                                services in the markets of parties to 
                                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 
                                efficient manner; and
                                    ``(III) to require parties to 
                                establish an internal process for 
                                identifying restrictions or regulatory 
                                requirements 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 develop 
                                mechanisms for sharing information on 
                                pharmaceutical supply chain constraints 
                                and coordinate approaches 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 implement 
                                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 
                                obligations under the agreement;
                                    ``(II) to ensure that parties will 
                                not bring a dispute under another 
                                agreement for actions that are 
                                consistent with the agreement; and
                                    ``(III) to provide a dispute 
                                settlement 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 parties 
                        to the agreement to undermine the effectiveness 
                        of the agreement by abusing exceptions in the 
                        agreement by including additional procedural 
                        requirements, such as notification of intent to 
                        rely on an exception at the time an 
                        inconsistent action is taken, and limiting the 
                        duration that participants may rely on an 
                        exception.
                    ``(B) Definitions.--In this paragraph:
                            ``(i) Active pharmaceutical ingredient.--
                        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 intended to furnish such 
                                        activity or effect.
                            ``(ii) Agreement on subsidies and 
                        countervailing measures.--The term `Agreement 
                        on Subsidies and Countervailing Measures' means 
                        the agreement referred to in section 101(d)(12) 
                        of the Uruguay Round Agreements Act (19 U.S.C. 
                        3511(d)(12)).
                            ``(iii) Antidumping agreement.--The term 
                        `Antidumping Agreement' means the Agreement on 
                        Implementation of Article VI of the General 
                        Agreement on Tariffs and Trade 1994 referred to 
                        in section 101(d)(7) of the Uruguay Round 
                        Agreements 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 pharmaceutical product' means--
                                    ``(I) a drug (including a 
                                biological product); or
                                    ``(II) an active pharmaceutical 
                                ingredient.''.

SEC. 304. REAUTHORIZATION OF TRADE AGREEMENTS AUTHORITY.

    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 inserting 
                ``June 30, 2023'';
                    (C) in paragraph (1)(B), by striking ``July 1, 
                2021'' and inserting ``July 1, 2026'';
                    (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 Defense Production 
Act of 1950 (50 U.S.C. 4502) is amended--
            (1) by redesignating paragraphs (3) through (8) as 
        paragraphs (4) through (9), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) authorities under this Act should be used when 
        appropriate to ensure the availability of medical materials 
        essential to national defense, including through measures 
        designed to secure the drug supply chain, and taking into 
        consideration the importance of United States competitiveness, 
        scientific leadership and cooperation, and innovative 
        capacity;''.
    (b) Strengthening Domestic Capability.--Section 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
            (2) in subsection (b)(1), by inserting ``(including medical 
        materials such as drugs, devices, and biological products to 
        diagnose, cure, mitigate, treat, or prevent disease that are 
        essential to national defense)'' 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 adding 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 Congress 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 (including 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 
        national defense, to the extent necessary for the purposes of 
        this Act.
            ``(2) An analysis of vulnerabilities to existing supply 
        chains for such medical materials, and recommendations to 
        address the vulnerabilities.
            ``(3) Measures to be undertaken by the President 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 subsection 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 materials 
                are not under the exclusive control of a foreign 
                government in a manner that the President determines 
                could threaten the national defense of the United 
                States; and
                    ``(C) efforts to mitigate any risks resulting from 
                the plan and measures described in this 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 submit 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 
minority leader of the Senate, the Chairman and Ranking Member of the 
Committee on Financial Services of the House of Representatives, and 
the Chairman and Ranking Member 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 Production Act of 1950 
(50 U.S.C. 4533) is amended by adding at the end the following:
    ``(h) Investment in Supply Chain Security.--
            ``(1) In general.--In addition to other authorities in this 
        title, the President may make available 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 described 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 President by regulation.''.
    (b) Regulations.--
            (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 activities'' 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 service 
                        used by the Government; or
                            (ii) critical infrastructure as defined in 
                        Presidential Policy Directive 21 (February 12, 
                        2013; relating to critical infrastructure 
                        security and resilience); and
                    (B) may include variations as determined necessary 
                and appropriate by the President for purposes of 
                national defense.

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 inserting 
        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, 
                        recovery, or processing from coal, coal waste, 
                        coal processing waste, pre- or post-combustion 
                        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 Resources and Commerce, Science, and 
Transportation of the Senate and the Committees on Transportation and 
Infrastructure, Natural Resources, and Energy and Commerce of the House 
of Representatives a report evaluating the timeliness of implementation 
of reforms of the permitting 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 carbon from coal.

         TITLE IV--MATTERS RELATING TO RESEARCH AND DEVELOPMENT

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 paragraph (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 
                                subparagraph (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 
                                        subclauses (IV) through (VI) as 
                                        subclauses (II) through (IV), 
                                        respectively;
                                    (II) by striking clause (ii); and
                                    (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 
                                subparagraph (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), 
                                respectively; 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 grafted''.
            (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 recovery period of 7 years or less.''.
    (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 Revenue 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 research or 
        experimental expenditures which are paid or incurred by him 
        during the taxable year in connection with his trade or 
        business as expenses which are not chargeable to capital 
        account. The expenditures 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 in paragraph (1). The 
        method adopted shall be adhered 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 taxpayer, made in 
        accordance with regulations prescribed 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 subsection (a), 
                and
                    ``(C) chargeable to capital account but not 
                chargeable to property of a character which is subject 
                to the allowance under section 167 (relating to 
                allowance for depreciation, etc.) or section 611 
                (relating to allowance for depletion),
        may be treated as deferred expenses. In computing taxable 
        income, such deferred expenses shall be allowed as a deduction 
        ratably over such period of not less than 60 months as may be 
        selected by the taxpayer (beginning with the month in which the 
        taxpayer 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 property).
            ``(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 authorized 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 taxable 
        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 improvement of property to be used in connection with 
the research or experimentation and of a character which is subject to 
the allowance under section 167 (relating to allowance for 
depreciation, etc.) or section 611 (relating to allowance for 
depletion); but for purposes of this section allowances 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 experimental 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 amended by striking 
        ``specified research or experimental expenditures under section 
        174'' and inserting ``expenses under section 174''.
            (2) Section 280C(c) of such Code is amended to read as 
        follows:
    ``(c) Credit for Increasing Research Activities.--
            ``(1) In general.--No deduction shall be allowed for that 
        portion of the qualified research expenses (as defined in 
        section 41(b)) or basic research expenses (as defined in 
        section 41(e)(2)) otherwise allowable as a deduction for the 
        taxable year which is equal to the amount of the credit 
        determined for such taxable year under section 41(a).
            ``(2) Similar rule where taxpayer capitalizes rather than 
        deducts expenses.--If--
                    ``(A) the amount of the credit determined for the 
                taxable year under section 41(a)(1), exceeds
                    ``(B) the amount allowable as a deduction for such 
                taxable year for qualified research expenses 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.--
                    ``(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 determined 
                        under subparagraph (B).
                    ``(B) Amount of reduced credit.--The amount of 
                credit determined under this subparagraph 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 
                                section 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 such manner as the Secretary may 
                prescribe. Such an election, once made, shall be 
                irrevocable.
            ``(4) Controlled groups.--Paragraph (3) of subsection (b) 
        shall apply for purposes of this subsection.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred in taxable years beginning after 
December 31, 2021.

SEC. 403. REPEAL AND CODIFICATION OF CERTAIN EXECUTIVE ORDERS.

    (a) Repeal.--The Executive order relating to the revocation of 
certain Executive orders concerning Federal regulation, signed on 
January 20, 2021, is hereby rescinded.
    (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 controlling regulatory costs).
            (2) Executive Order 13777 (82 Fed. Reg. 12285; relating to 
        enforcing the regulatory reform agenda).
            (3) Executive Order 13891 (84 Fed. Reg. 55235; relating to 
        improving agency guidance documents).
            (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 paragraph, this 
                section would exclude from gross income more than the 
                maximum amount of educational 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 
                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 Revenue 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 research or 
        experimental expenditures which are paid or incurred by him 
        during the taxable year in connection with his trade or 
        business as expenses which are not chargeable to capital 
        account. The expenditures 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 in paragraph (1). The 
        method adopted shall be adhered 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 taxpayer, made in 
        accordance with regulations prescribed 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 subsection (a), 
                and
                    ``(C) chargeable to capital account but not 
                chargeable to property of a character which is subject 
                to the allowance under section 167 (relating to 
                allowance for depreciation, etc.) or section 611 
                (relating to allowance for depletion),
        may be treated as deferred expenses. In computing taxable 
        income, such deferred expenses shall be allowed as a deduction 
        ratably over such period of not less than 60 months as may be 
        selected by the taxpayer (beginning with the month in which the 
        taxpayer 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 property).
            ``(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 authorized 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 taxable 
        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 improvement of property to be used in connection with 
the research or experimentation and of a character which is subject to 
the allowance under section 167 (relating to allowance for 
depreciation, etc.) or section 611 (relating to allowance for 
depletion); but for purposes of this section allowances 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 experimental 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 amended by striking 
        ``specified research or experimental expenditures under section 
        174'' and inserting ``expenses under section 174''.
            (2) Section 280C(c) of such Code is amended to read as 
        follows:
    ``(c) Credit for Increasing Research Activities.--
            ``(1) In general.--No deduction shall be allowed for that 
        portion of the qualified research expenses (as defined in 
        section 41(b)) or basic research expenses (as defined in 
        section 41(e)(2)) otherwise allowable as a deduction for the 
        taxable year which is equal to the amount of the credit 
        determined for such taxable year under section 41(a).
            ``(2) Similar rule where taxpayer capitalizes rather than 
        deducts expenses.--If--
                    ``(A) the amount of the credit determined for the 
                taxable year under section 41(a)(1), exceeds
                    ``(B) the amount allowable as a deduction for such 
                taxable year for qualified research expenses 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.--
                    ``(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 determined 
                        under subparagraph (B).
                    ``(B) Amount of reduced credit.--The amount of 
                credit determined under this subparagraph 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 
                                section 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 such manner as the Secretary may 
                prescribe. Such an election, once made, shall be 
                irrevocable.
            ``(4) Controlled groups.--Paragraph (3) of subsection (b) 
        shall apply for purposes of this subsection.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred in taxable years beginning after 
December 31, 2021.

                 TITLE V--MATTERS RELATED TO EDUCATION

  Subtitle A--Restrictions Relating to Foreign Funding of Educational 
                              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 U.S.C. 1070 et seq.) or other Department of 
Education funds that are provided directly to students) if such 
institution:
            (1) has a contractual partnership in effect with an entity 
        that is owned or controlled, directly or indirectly, 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 ineligible 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 Education all 
                contractual partnerships with the applicable entity 
                from the previous 10 years; and
                    (B) providing to the Secretary of Education 
                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), by demonstrating, 
        to the satisfaction of the Secretary 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 professor, 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 FOREIGN 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 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 classification 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 Visitor Information 
System to report any change to the nonimmigrant'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 
Secretary of Homeland Security with regard to nonimmigrants 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)).

SEC. 504. REPORTING CERTAIN RESEARCH PROGRAM PARTICIPATION.

    (a) In General.--With respect to a principal nonimmigrant admitted 
into the United States in the J-1 classification under section 
101(a)(15)(J) of the Immigration 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 
required to use the Student and Exchange Visitor Information System to 
report when 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 the Federal Government, as well as program 
identification information.
    (b) Notifications.--
            (1) Secretary.--In the case of a nonimmigrant described in 
        subsection (a), the Secretary of Homeland Security shall notify 
        the appropriate program manager at an Executive agency (as 
        defined in section 105 of title 5, United States Code) if and 
        when the Secretary 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.
            (2) Sponsor or institution.--In the case of a nonimmigrant 
        described in subsection (a), the applicable program sponsor or 
        academic or nonacademic institution shall notify the 
        appropriate program 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 NONIMMIGRANT VISAS.

    (a) In General.--The Secretary of Homeland Security shall have the 
authority to review and revoke a nonimmigrant visa granted under 
subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration 
and Nationality 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 research 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 Secretary of State 
        determines that the alien seeks to enter the United States to 
        participate in graduate-level or post-graduate-level coursework 
        or academic research in a field of science, technology, 
        engineering, or mathematics at an institution of higher 
        education.
    (b) Notice.--Thirty days before the commencement of a review under 
subsection (a), the Secretary of Homeland 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 determine whether the program 
sponsor or institution has satisfactorily addressed the concerns or a 
review remains necessary.
    (c) Administrative and Judicial Review.--
            (1) In general.--There shall be no administrative or 
        judicial review of a determination to revoke a visa under this 
        section except in accordance with this subsection.
            (2) Administrative review.--
                    (A) Single level of administrative appellate 
                review.--The Secretary of Homeland Security shall 
                establish an appellate authority to provide for a 
                single level of administrative appellate review of such 
                a determination.
                    (B) Standard for review.--Such administrative 
                appellate review shall be based solely upon the 
                administrative record established at the time of the 
                determination and upon such additional or newly 
                discovered evidence as may not have been available at 
                the time of the determination.
            (3) Judicial review.--
                    (A) Limitation to review of removal.--There shall 
                be judicial review of a determination to revoke a visa 
                under this section only in the judicial review of an 
                order of removal 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 unless the applicant can establish abuse of 
                discretion or that the findings are directly contrary 
                to clear and convincing facts contained in the record 
                considered as a whole.

SEC. 506. ANNUAL REPORT.

    (a) In General.--The Secretary of Homeland Security shall require 
the Academic Institutions Subcommittee of the Homeland Security 
Advisory Council of the Department of Homeland Security to provide an 
annual report to the Committee on the Judiciary, the Committee on 
Homeland Security, and the Committee on Foreign Affairs 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 section 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 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 provided on a voluntary basis by any 
program sponsor or institution affected by a visa review or revocation 
undertaken under section 506.

              Subtitle B--Protecting Our Universities Act

SEC. 511. SENSITIVE RESEARCH PROJECT LIST.

    (a) Sensitive Research Project List.--The Office of the Director of 
National Intelligence shall, in consultation 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, indicate--
                    (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 Department of 
                        Commerce;
                            (ii) an item listed on the United States 
                        Munitions List maintained by the Department of 
                        State; or
                            (iii) technology designated by the 
                        Secretary 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 described in section 1746 of the National Defense 
Authorization 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 Permanent Select Committee on Intelligence 
of the House of Representatives, and to the Committee on Health, 
Education, Labor, and Pensions, the Committee on Armed Services, and 
the Select Committee on Intelligence of the 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 participation 
in sensitive research projects. The interagency working 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 Participation 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 
student participation, the head of such project at the institution of 
higher education at which the project is being carried out shall ensure 
that each student participating in such project shall be required to 
provide proof of citizenship 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--
            (1) the student applies for, and receives approval from, 
        the Director of National Intelligence to participate in such 
        project, based on a background check and any other information 
        the Director determines 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 Intelligence Threat.--Not 
later than one year after the date of the enactment of this Act, the 
Director of National Intelligence shall identify foreign entities, 
including governments, corporations, non-profit and for-profit 
organizations, 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 develop 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 Education.--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 Education, the interagency working group, and the head of 
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 education at which a project on the 
Sensitive Research Project List is being carried out.
    (c) Prohibition on Use of Certain Technologies.--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 assurance 
to such qualified funding agency that, beginning on the date that is 
two years after the date of the enactment 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--
            (1) imposing a probationary period, not to exceed 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 remedied;
            (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 ``citizen of a 
        country'', with respect to a student, includes 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 institution 
        described in section 102 of the Higher Education Act of 1965 
        (20 U.S.C. 1002) that receives Federal funds in any amount and 
        for any purpose.
            (3) Intelligence community.--The term ``intelligence 
        community'' has the meaning given 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 sensitive research project, means--
                    (A) the Department of Defense, if the sensitive 
                research project is funded in whole or in part by the 
                Department of Defense;
                    (B) the Department of Energy, if the sensitive 
                research project is funded in whole or in part by the 
                Department of Energy; or
                    (C) an element of the intelligence community, if 
                the sensitive research project is funded in whole or in 
                part by the element of the intelligence 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 ``student 
        participation'' shall not include student activity in--
                    (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 student 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 Secretary of Commerce, the Secretary of 
State, and the Director 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 taxpayer-funded 
        research has benefitted China, including a list of United 
        States Government-funded entities, such as research 
        institutions, laboratories, and institutions of higher 
        education, which have hired Chinese nationals or allowed 
        Chinese nationals to conduct research, including an estimate in 
        the number of nationals hired or involved in research projects.
            (2) A list of United States Government programs, 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 Chinese Communist 
        Party have used United States taxpayer-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 Government or a 
        State government; or
            (2) conducted at an institution that receives funding from 
        the Federal Government or a State government.

SEC. 522. CONDITIONS ON FEDERAL RESEARCH GRANTS.

    As a condition of receiving a Federal research and development 
grant in a field of science, technology, engineering, 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 recruitment 
                program of the People's Republic of China listed by the 
                Secretary of State in accordance with section 521; and
            (2) will not knowingly employ to carry out activities 
        funded by the Federal research and development grant--
                    (A) a citizen of the People's Republic of China; or
                    (B) a participant in a foreign talent recruitment 
                program of the People's Republic of China listed by the 
                Secretary of State in accordance with section 521.

SEC. 523. PROTECTING INSTITUTIONS, LABORATORIES, AND RESEARCH 
              INSTITUTES.

    (a) In General.--Notwithstanding any other provision of law, the 
head of each Federal agency shall ensure that any institution of higher 
education, laboratory, or research 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 
recruitment program of the People's Republic of China.
    (b) Program Participation Agreements.--Section 487(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the 
end the following:
            ``(30) The institution will not knowingly employ any 
        individual who is a participant in a foreign talent 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 REPUBLIC 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 talent recruitment program of the People's 
Republic of China, either as a recruiter or as a recruit--
            (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 requirements 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 entered 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 governmental representation 
        within corporate leadership'' after ``foreign government''.

SEC. 526. DEPARTMENT OF STATE LIST OF FOREIGN TALENT RECRUITMENT 
              PROGRAMS OF THE PEOPLE'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, 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 foreign talent recruitment programs of the People's 
Republic of China.
    (b) Annual Review and Revision.--Not less frequently 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 Register.

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 conduct research, development, testing, 
        or any other science or technology activity for the direct or 
        indirect benefit of the People's Republic of China.
            (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 enactment 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;
            (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 certain funds after 
        receiving a 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)) 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 failure to comply with 
        disclosure requirement.--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 subsections (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 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 provided 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 Government of the 
        People's Republic of China or the Chinese Communist Party.

SEC. 529. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT 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 Production 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 period 
                        at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(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 the entry 
                        into a contract by such an institution 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, 
                                directly 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 
                                calendar years, equals or exceeds 
                                $1,000,000; and
                                    ``(II) the gift or contract--
                                            ``(aa) relates to research, 
                                        development, or production of 
                                        critical technologies and 
                                        provides the foreign person 
                                        potential access to any 
                                        material nonpublic technical 
                                        information (as defined in 
                                        subparagraph (D)(ii)) in the 
                                        possession of the institution; 
                                        or
                                            ``(bb) is a restricted or 
                                        conditional gift or contract 
                                        (as defined in section 117(h) 
                                        of the Higher Education Act of 
                                        (20 U.S.C. 1011f(h))) that 
                                        establishes 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 education.--
                        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 program 
                                of education beyond secondary school;
                                    ``(II) that provides a program for 
                                which the institution awards a 
                                bachelor's degree (or provides not less 
                                than a 2-year program which is 
                                acceptable for full credit toward such 
                                a degree) or a more advanced degree;
                                    ``(III) that is accredited by a 
                                nationally recognized accrediting 
                                agency or association; and
                                    ``(IV) to which the Federal 
                                Government extends Federal financial 
                                assistance (directly or indirectly 
                                through another entity or person), or 
                                that receives 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 subsection (a)(4)(B)(vi)(II)(aa).''.
            (3) Factors to be considered.--Subsection (f) of such 
        section is amended--
                    (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 respect 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:
            ``(8) Inclusion of other agencies on committee.--In 
        considering including on the Committee 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, departments, and 
        offices, including the Secretary of Health and Human Services, 
        the Director of the National Institutes of Health, and the 
        Director of the National 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 governments against 
                institutions of higher education (as defined in 
                subsection (a)(4)(G)) aimed at obtaining research and 
                development methods or secrets related to critical 
                technologies; and
                    ``(E) an evaluation of, and recommendation for any 
                changes to, reviews conducted under this section that 
                relate to institutions of higher education, based on an 
                analysis of disclosure 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 amendments 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 transaction the 
        review or investigation of which is initiated 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 referred to as the 
        ``Committee''), which shall include the Secretary of Education 
        for purposes of this subsection, 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 result from 
                compliance with the amendments made by subsection (a), 
                including structuring penalties and filing fees to 
                reduce such burdens, shortening timelines for reviews 
                and investigations, allowing for simplified and 
                streamlined declaration and notice requirements, and 
                implementing 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 subsection 
                        (a)(4)(B) of section 721 of the Defense 
                        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 defined 
                        in subsection (a) of that section, as that term 
                        applies to covered transactions described in 
                        clause (vi) of paragraph (4)(B) of that 
                        section, as added by subsection (a)(1).
            (3) Issuance of final rule.--The Committee shall issue a 
        final rule to carry out the amendments made by subsection (a) 
        after assessing the findings of the pilot program required by 
        subsection (e).
    (d) Pilot Program.--
            (1) In general.--Beginning on the date that is 30 days 
        after the publication in the Federal Register 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--
                    (A) a proposed determination of the scope of and 
                procedures for the pilot program required by paragraph 
                (1);
                    (B) an assessment of the burden on institutions of 
                higher education likely to result from compliance with 
                the pilot program;
                    (C) recommendations for addressing any such 
                burdens, including shortening timelines for reviews and 
                investigations, structuring penalties and filing fees, 
                and simplifying and streamlining declaration and notice 
                requirements to reduce such burdens; and
                    (D) any procedures necessary to ensure that the 
                pilot program does not infringe upon academic freedom.
            (3) Report on findings.--Upon conclusion of the pilot 
        program required by paragraph (1), the Committee shall submit 
        to Congress a report on the findings of that pilot program that 
        includes--
                    (A) a summary of the reviews conducted by the 
                Committee under the pilot program and the outcome of 
                such reviews;
                    (B) an assessment of any additional resources 
                required by the Committee to carry out this section or 
                the amendments made by subsection (a);
                    (C) findings regarding the additional burden on 
                institutions of higher education likely to result from 
                compliance with the amendments made by subsection (a) 
                and any additional recommended steps to reduce those 
                burdens; and
                    (D) any recommendations for Congress to consider 
                regarding the scope or procedures described in this 
                section or the amendments made by subsection (a).

SEC. 530. DISCLOSURES OF FOREIGN GIFTS AND CONTRACTS AT INSTITUTIONS OF 
              HIGHER EDUCATION.

    (a) Disclosures of Foreign Gifts.--Section 117 of the Higher 
Education Act of 1965 (20 U.S.C. 1011f) is amended to read as follows:

``SEC. 117. DISCLOSURES OF FOREIGN GIFTS AND AGREEMENTS.

    ``(a) Disclosure Reports.--
            ``(1) Aggregate gifts and contract disclosures.--An 
        institution shall file a disclosure report described in 
        subsection (b) with the Secretary and the Secretary of the 
        Treasury (in the capacity of the Secretary as the chairperson 
        of the Committee on Foreign Investment in the United States 
        under section 721(k)(3) of the Defense Production Act of 1950 
        (50 U.S.C. 4565(k)(3))) not later than March 31 immediately 
        following any calendar year in which the institution receives a 
        gift from, or enters into a contract with, a foreign source, 
        the value of which is $50,000 or more, considered alone or in 
        combination with all other gifts from, or contracts with, that 
        foreign source within the calendar year.
            ``(2) Disclosure of contracts with undetermined monetary 
        value.--An institution shall file a disclosure report described 
        in subsection (b) with the Secretary and the Secretary of the 
        Treasury (in the capacity of the Secretary as the chairperson 
        of the Committee on Foreign Investment in the United States 
        under section 721(k)(3) of the Defense Production Act of 1950 
        (50 U.S.C. 4565(k)(3))) not later than March 31 immediately 
        following any calendar year in which the institution enters 
        into a contract with a foreign source that has an undetermined 
        monetary value.
            ``(3) Foreign source ownership or control disclosures.--In 
        the case of an institution that is owned or controlled by a 
        foreign source, the institution shall file a disclosure report 
        described in subsection (b) with the Secretary and the 
        Secretary of the Treasury (in the capacity of the Secretary as 
        the chairperson of the Committee on Foreign Investment in the 
        United States under section 721(k)(3) of the Defense Production 
        Act of 1950 (50 U.S.C. 4565(k)(3))) not later than March 31 of 
        every year.
    ``(b) Contents of Report.--Each report to the Secretary required by 
subsection (a) shall contain the following:
            ``(1)(A) In the case of an institution required to file a 
        report under paragraph (1) or (2) of subsection (a)--
                    ``(i) for gifts received from or contracts entered 
                into with a foreign government, the aggregate amount of 
                such gifts and contracts received from each foreign 
                government, including the content of each such 
                contract; and
                    ``(ii) for gifts received from or contracts entered 
                into with a foreign source other than a foreign 
                government, the aggregate dollar amount of such gifts 
                and contracts attributable to a particular country and 
                the legal or formal name of the foreign source, and the 
                content of each such contract.
            ``(B) For purposes of this paragraph, the country to which 
        a gift is attributable is--
                    ``(i) the country of citizenship, or if unknown, 
                the principal residence, for a foreign source who is a 
                natural person; or
                    ``(ii) the country of incorporation, or if unknown, 
                the principal place of business, for a foreign source 
                which is a legal entity.
            ``(2) In the case of an institution required to file a 
        report under subsection (a)(3)--
                    ``(A) the information described in paragraph (1)(A) 
                (without regard to any gift or contract threshold 
                described in subsection (a)(1));
                    ``(B) the identity of the foreign source that owns 
                or controls the institution;
                    ``(C) the date on which the foreign source assumed 
                ownership or control; and
                    ``(D) any changes in program or structure resulting 
                from the change in ownership or control.
            ``(3) An assurance that the institution will maintain a 
        true copy of each gift or contract agreement subject to the 
        disclosure requirements under this section, until the latest 
        of--
                    ``(A) the date that is 4 years after the date of 
                the agreement;
                    ``(B) the date on which the agreement terminates; 
                or
                    ``(C) the last day of any period that applicable 
                State public record law requires a true copy of such 
                agreement to be maintained.
            ``(4) An assurance that the institution will produce true 
        copies of gift and contract agreements subject to the 
        disclosure requirements under this section upon request of the 
        Secretary during a compliance audit or other institutional 
        investigation and shall ensure all gifts and contracts from the 
        foreign source are translated into English by a third party 
        unaffiliated with the foreign source or institution for this 
        purpose.
    ``(c) Additional Disclosures for Restricted and Conditional Gifts 
and Contracts.--Notwithstanding the provisions of subsection (b), 
whenever any institution receives a restricted or conditional gift or 
contract from a foreign source, the institution shall disclose the 
following to the Department translated into English by a third party 
unaffiliated with the foreign source or institution:
            ``(1) For such gifts received from or contracts entered 
        into with a foreign source other than a foreign government, the 
        amount, the date, and a description of such conditions or 
        restrictions. The report shall also disclose the country of 
        citizenship, or if unknown, the principal residence for a 
        foreign source which is a natural person, and the country of 
        incorporation, or if unknown, the principal place of business 
        for a foreign source which is a legal entity.
            ``(2) For gifts received from or contracts entered into 
        with a foreign government, the amount, the date, a description 
        of such conditions or restrictions, and the name of the foreign 
        government.
    ``(d) Relation to Other Reporting Requirements.--
            ``(1) State requirements.--If an institution that is 
        required to file a disclosure report under subsection (a) is 
        within a State which has enacted requirements for public 
        disclosure of gifts from or contracts with a foreign source 
        that includes all information required under this section for 
        the same or an equivalent time period, a copy of the disclosure 
        report filed with the State may be filed with the Secretary and 
        the Secretary of the Treasury in lieu of the report required 
        under such subsection. The State in which the institution is 
        located shall provide to the Secretaries such assurances as the 
        Secretaries may require to establish that the institution has 
        met the requirements for public disclosure under State law if 
        the State report is filed.
            ``(2) Use of other federal reports.--If an institution 
        receives a gift from, or enters into a contract with, a foreign 
        source, where any other department, agency, or bureau of the 
        executive branch requires a report containing all the 
        information required under this section for the same or an 
        equivalent time period, a copy of the report may be filed with 
        the Secretary and the Secretary of the Treasury in lieu of a 
        report required under subsection (a).
    ``(e) Confucius Institute Agreements.--
            ``(1) Defined term.--In this subsection, the term 
        `Confucius Institute' means a cultural institute directly or 
        indirectly funded by the Government of the People's Republic of 
        China.
            ``(2) Disclosure requirement.--Any institution that has 
        entered into an agreement with a Confucius Institute shall 
        immediately make the full text of such agreement available--
                    ``(A) on the publicly accessible website of the 
                institution;
                    ``(B) to the Department of Education;
                    ``(C) to the Committee on Health, Education, Labor, 
                and Pensions of the Senate; and
                    ``(D) to the Committee on Education and Labor of 
                the House of Representatives.
            ``(3) In subsection (i), as redesignated--
                    ``(A) in paragraph (2), by amending subparagraph 
                (A) to read as follows:
                    ```(A) a foreign government, including--
                            ```(i) any agency of a foreign government, 
                        and any other unit of foreign governmental 
                        authority, including any foreign national, 
                        State, local, and municipal government;
                            ```(ii) any international or multinational 
                        organization whose membership is composed of 
                        any unit of foreign government described in 
                        clause (i); and
                            ```(iii) any agent or representative of any 
                        such unit or such organization, while acting as 
                        such;'; and
                    ``(B) in paragraph (3), by inserting before the 
                semicolon at the end the following: `, or the fair 
                market value of an in-kind gift'.
    ``(f) Public Disclosure and Modification of Reports.--
            ``(1) In general.--Not later than 30 days after receiving a 
        disclosure report under this section, the Secretary shall make 
        such report electronically available to the public for 
        downloading on a searchable database under which institutions 
        can be individually identified and compared.
            ``(2) Modifications.--The Secretary shall incorporate a 
        process permitting institutions to revise and update previously 
        filed disclosure reports under this section to ensure accuracy, 
        compliance, and ability to cure.
    ``(g) Sanctions for Noncompliance.--
            ``(1) In general.--As a sanction for noncompliance with the 
        requirements under this section, the Secretary may impose a 
        fine on an institution that in any year knowingly or willfully 
        violates this section, that is--
                    ``(A) in the case of a failure to disclose a gift 
                or contract with a foreign source as required under 
                this section or to comply with the requirements of 
                subsection (b)(4), in an amount that is not less than 
                $250 but not more than the amount of the gift or 
                contract with the foreign source; or
                    ``(B) in the case of any violation of the 
                requirements of subsection (a)(3), in an amount that is 
                not more than 25 percent of the total amount of funding 
                received by the institution under this Act.
            ``(2) Repeated failures.--
                    ``(A) Knowing and willful failures.--In addition to 
                a fine for a violation in any year in accordance with 
                paragraph (1) and subject to subsection (e)(2), the 
                Secretary shall impose a fine on an institution that 
                knowingly and willfully fails in 3 consecutive years to 
                comply with the requirements of this section, that is--
                            ``(i) in the case of a failure to disclose 
                        a gift or contract with a foreign source as 
                        required under this section or to comply with 
                        the requirements of subsection (b)(4), in an 
                        amount that is not less than $100,000 but not 
                        more than twice the amount of the gift or 
                        contract with the foreign source; or
                            ``(ii) in the case of any violation of the 
                        requirements of subsection (a)(3), in an amount 
                        that is not more than 25 percent of the total 
                        amount of funding received by the institution 
                        under this Act.
                    ``(B) Administrative failures.--The Secretary shall 
                impose a fine on an institution that fails to comply 
                with the requirements of this section in 3 consecutive 
                years, in an amount that is not less than $250 but not 
                more than the amount of the gift or contract with the 
                foreign source.
                    ``(C) Compliance plan requirement.--An institution 
                that fails to file a disclosure report for a receipt of 
                a gift from or contract with a foreign source in 2 
                consecutive years, shall be required to submit a 
                compliance plan to Secretary.
    ``(h) Compliance Officer.--Any institution that is required to 
report a gift or contract under this section shall designate and 
maintain a compliance officer who--
            ``(1) shall be a current employee or legally authorized 
        agent of such institution; and
            ``(2) shall be responsible, on behalf of the institution, 
        for compliance with the foreign gift reporting requirement 
        under this section and section 124, if applicable.
    ``(i) Single Point of Contact.--The Secretary shall maintain a 
single point of contact to--
            ``(1) receive and respond to inquiries and requests for 
        technical assistance from institutions of higher education 
        regarding compliance with the requirements of this section; and
            ``(2) coordinate the disclosure of information on the 
        searchable database, and process for modifications of 
        disclosures and ability to cure, as described in subsection 
        (e).
    ``(j) Treatment of Certain Payments and Gifts.--
            ``(1) Exclusions.--The following shall not be considered a 
        gift from a foreign source under this section:
                    ``(A) Any payment of one or more elements of a 
                student's cost of attendance (as defined in section 
                472) to an institution by, or scholarship from, a 
                foreign source who is a natural person, acting in their 
                individual capacity and not as an agent for, at the 
                request or direction of, or on behalf of, any person or 
                entity (except the student), made on behalf of no more 
                than 15 students that is not made under contract with 
                such foreign source, except for the agreement between 
                the institution and such student covering one or more 
                elements of such student's cost of attendance.
                    ``(B) Assignment or license of registered 
                industrial and intellectual property rights, such as 
                patents, utility models, trademarks, or copyrights, or 
                technical assistance, that are not identified as being 
                associated with a national security risk or concern by 
                the Federal Research Security Council as described 
                under section 7902 of title 31, United States Code, as 
                added by section 4493 of the Securing America's Future 
                Act.
            ``(2) Inclusions.--Any gift to, or contract with, an entity 
        or organization, such as a research foundation, that operates 
        substantially for the benefit or under the auspices of an 
        institution shall be considered a gift to or with respectively, 
        such institution.
    ``(k) Definitions.--In this section--
            ``(1) the term `contract'--
                    ``(A) means any--
                            ``(i) agreement for the acquisition by 
                        purchase, lease, or barter of property or 
                        services by the foreign source, for the direct 
                        benefit or use of either of the parties, except 
                        as provided in subparagraph (B); or
                            ``(ii) affiliation, agreement, or similar 
                        transaction with a foreign source and is based 
                        on the use or exchange of an institution's 
                        name, likeness, time, services, or resources, 
                        except as provided in subparagraph (B); and
                    ``(B) does not include any agreement made by an 
                institution located in the United States for the 
                acquisition, by purchase, lease, or barter, of property 
                or services from a foreign source;
            ``(2) the term `foreign source' means--
                    ``(A) a foreign government, including an agency of 
                a foreign government;
                    ``(B) a legal entity, governmental or otherwise, 
                created under the laws of a foreign state or states;
                    ``(C) an individual who is not a citizen or a 
                national of the United States or a trust territory or 
                protectorate thereof; and
                    ``(D) an agent, including a subsidiary or affiliate 
                of a foreign legal entity, acting on behalf of a 
                foreign source;
            ``(3) the term `gift' means any gift of money, property, 
        resources, staff, or services;
            ``(4) the term `institution' means an institution of higher 
        education, as defined in section 102, or, if a multicampus 
        institution, any single campus of such institution, in any 
        State; and
            ``(5) the term `restricted or conditional gift or contract' 
        means any endowment, gift, grant, contract, award, present, or 
        property of any kind which includes provisions regarding--
                    ``(A) the employment, assignment, or termination of 
                faculty;
                    ``(B) the establishment of departments, centers, 
                institutes, instructional programs, research or lecture 
                programs, or new faculty positions;
                    ``(C) the selection or admission of students; or
                    ``(D) the award of grants, loans, scholarships, 
                fellowships, or other forms of financial aid restricted 
                to students of a specified country, religion, sex, 
                ethnic origin, or political opinion.''.
    (b) Policy Regarding Conflicts of Interest From Foreign Gifts and 
Contracts.--Part B of title I of the Higher Education Act of 1965 (20 
U.S.C. 1011 et seq.) is amended by adding at the end the following:

``SEC. 124. INSTITUTIONAL POLICY REGARDING FOREIGN GIFTS AND CONTRACTS 
              TO FACULTY AND STAFF.

    ``(a) Requirement To Maintain Policy and Database.--Each 
institution of higher education described in subsection (b) shall--
            ``(1) maintain a policy requiring faculty, professional 
        staff, and other staff engaged in research and development (as 
        determined by the institution) employed at such institution to 
        disclose to such institution any gifts received from, or 
        contracts entered into with, a foreign source;
            ``(2) maintain a searchable database of information 
        disclosed in paragraph (1) for the previous five years, except 
        an institution shall not be required to include in the database 
        gifts or contracts received or entered into before the date of 
        enactment of the Securing America's Future Act; and
            ``(3) maintain a plan to effectively identify and manage 
        potential information gathering by foreign sources through 
        espionage targeting faculty, professional staff, and other 
        staff engaged in research and development (as determined by the 
        institution) that may arise from gifts received from, or 
        contracts entered into with, a foreign source, including 
        through the use of periodic communications and enforcement of 
        the policy described in paragraph (1).
    ``(b) Institutions.--An institution of higher education shall be 
subject to the requirements of this section if such institution--
            ``(1) is an institution of higher education as defined 
        under section 102; and
            ``(2) had more than $5,000,000 in research and development 
        expenditures in any of the previous five years.
    ``(c) Sanctions for Noncompliance.--
            ``(1) In general.--As a sanction for noncompliance with the 
        requirements under this section, the Secretary may impose a 
        fine on an institution that in any year knowingly or willfully 
        violates this section, in an amount that is not less than $250 
        but not more than $1,000.
            ``(2) Second failure.--In addition to a fine for a 
        violation in accordance with paragraph (1), the Secretary shall 
        impose a fine on an institution that knowingly, willfully, and 
        repeatedly fails to comply with the requirements of this 
        section in a second consecutive year in an amount that is not 
        less than $1,000 but not more than $25,000.
            ``(3) Third and additional failures.--In addition to a fine 
        for a violation in accordance with paragraph (1) or (2), the 
        Secretary shall impose a fine on an institution that knowingly, 
        willfully, and repeatedly fails to comply with the requirements 
        of this section in a third consecutive year, or any consecutive 
        year thereafter, in an amount that is not less than $25,000 but 
        not more than $50,000.
            ``(4) Administrative failures.--The Secretary shall impose 
        a fine on an institution that fails in 3 consecutive years to 
        comply with the requirements of this section in an amount that 
        is not less than $250 but not more than $25,000.
            ``(5) Compliance plan requirement.--An institution that 
        fails to comply with the requirements under this section for 2 
        consecutive years shall be required to submit a compliance plan 
        to the Secretary.
    ``(d) Definitions.--In this section--
            ``(1) the terms `foreign source' and `gift' have the 
        meaning given the terms in section 117;
            ``(2) the term `contract' means any--
                    ``(A) agreement for the acquisition by purchase, 
                lease, or barter of property or services by the foreign 
                source, for the direct benefit or use of either of the 
                parties; or
                    ``(B) affiliation, agreement, or similar 
                transaction with a foreign source based on the use or 
                exchange of the name, likeness, time, services, or 
                resources of faculty, professional staff, and other 
                staff engaged in research and development (as 
                determined by the institution); and
            ``(3) the term `professional staff' means professional 
        employees, as defined in section 3 of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 203).''.
    (c) Regulations.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Education shall begin 
        the negotiated rulemaking process under section 492 of the 
        Higher Education Act of 1965 (20 U.S.C. 1098a) to carry out the 
        amendments made by subsections (a) and (b).
            (2) Issues.--Regulations issued pursuant to paragraph (1) 
        to carry out the amendment made by subsection (a) shall, at a 
        minimum, address the following issues:
                    (A) Instructions on reporting structured gifts and 
                contracts.
                    (B) The inclusion in institutional reports of gifts 
                received from, and contracts entered into with, foreign 
                sources by entities and organizations, such as research 
                foundations, that operate substantially for the benefit 
                or under the auspices of the institution.
                    (C) Procedures to protect confidential or 
                proprietary information included in gifts and 
                contracts.
                    (D) The alignment of such regulations with the 
                reporting and disclosure of foreign gifts or contracts 
                required by other Federal agencies.
                    (E) The treatment of foreign gifts or contracts 
                involving research or technologies identified as being 
                associated with a national security risk or concern by 
                the Federal Research Security Council as described 
                under section 7902 of title 31, United States Code, as 
                added by section 4493 of this Act.
            (3) Effective date.--The amendments made by subsections (a) 
        and (b) shall take effect on the date on which the regulations 
        issued under paragraph (1) take effect.

    TITLE VI--MATTERS RELATED TO DEMOCRACY, HUMAN RIGHTS AND TAIWAN

SEC. 601. SUPPORTING A FREE AND DEMOCRATIC CHINA.

    It is the policy of the United States to support a free and 
democratic China which respects the human rights and civil liberties of 
the people of China.

SEC. 602. AMERICAN INSTITUTE IN TAIWAN.

    The position of Director of the American Institute in Taiwan's 
Taipei office shall be subject to the advice and consent of the Senate, 
and effective upon enactment of this Act shall have the title of 
Representative.

SEC. 603. PROHIBITIONS AGAINST UNDERMINING UNITED STATES POLICY 
              REGARDING TAIWAN.

    (a) Finding.--Congress finds that the efforts by the Government of 
the People's Republic of China (PRC) and the Chinese Communist Party to 
compel private United States businesses, corporations, and 
nongovernmental entities to use PRC-mandated language to describe the 
relationship between Taiwan and China are an intolerable attempt to 
enforce political censorship globally and should be considered an 
attack on the fundamental underpinnings of all democratic and free 
societies, including the constitutionally protected right to freedom of 
speech.
    (b) Sense of Congress.--It is the sense of Congress that the United 
States Government, in coordination with United States businesses and 
nongovernmental entities, should formulate a code of conduct for 
interacting with the Government of the People's Republic of China and 
the Chinese Communist Party and affiliated entities, the aim of which 
is--
            (1) to counter PRC sharp power operations, which threaten 
        free speech, academic freedom, and the normal operations of 
        United States businesses and nongovernmental entities; and
            (2) to counter PRC efforts to censor the way the world 
        refers to issues deemed sensitive to the Government of the 
        People's Republic of China and Chinese Communist Party leaders, 
        including issues related to Taiwan, Tibet, the Tiananmen Square 
        Massacre, and the mass internment of Uyghurs and other Turkic 
        Muslims, among many other issues.
    (c) Prohibition on Recognition of PRC Claims to Sovereignty Over 
Taiwan.--
            (1) Sense of congress.--It is the sense of Congress that--
                    (A) issues related to the sovereignty of Taiwan are 
                for the people of Taiwan to decide through the 
                democratic process they have established;
                    (B) the dispute between the People's Republic of 
                China and Taiwan must be resolved peacefully and with 
                the assent of the people of Taiwan;
                    (C) the primary obstacle to peaceful resolution is 
                the authoritarian nature of the PRC political system 
                under one-party rule of the Chinese Communist Party, 
                which is fundamentally incompatible with Taiwan's 
                democracy; and
                    (D) any attempt to coerce the people of Taiwan to 
                accept a political arrangement that would subject them 
                to direct or indirect rule by the PRC, including a 
                ``one country, two systems'' framework, would 
                constitute a grave challenge to United States security 
                interests in the region.
            (2) Statement of policy.--It is the policy of the United 
        States to oppose any attempt by the PRC authorities to 
        unilaterally impose a timetable or deadline for unification on 
        Taiwan.
            (3) Prohibition on recognition of prc claims without assent 
        of people of taiwan.--No department or agency of the United 
        States Government may formally or informally recognize PRC 
        claims to sovereignty over Taiwan without the assent of the 
        people of Taiwan, as expressed directly through the democratic 
        process.
            (4) Treatment of taiwan government.--
                    (A) In general.--The Department of State and other 
                United States Government agencies shall treat the 
                democratically elected government of Taiwan as the 
                legitimate representative of the people of Taiwan and 
                end the outdated practice of referring to the 
                government in Taiwan as the ``authorities''. 
                Notwithstanding the continued supporting role of the 
                American Institute in Taiwan in carrying out United 
                States foreign policy and protecting United States 
                interests in Taiwan, the United States Government shall 
                not place any restrictions on the ability of officials 
                of the Department of State and other United States 
                Government agencies from interacting directly and 
                routinely with counterparts in the Taiwan government.
                    (B) Rule of construction.--Nothing in this 
                paragraph shall be construed as entailing restoration 
                of diplomatic relations with the Republic of China, 
                which were terminated on January 1, 1979, or altering 
                the United States Government's position on Taiwan's 
                international status.
    (d) Strategy To Protect United States Businesses and 
Nongovernmental Entities From Coercion.--Not later than 90 days after 
the date of the enactment of this Act, the Secretary of State, in 
consultation with the Secretary of Commerce, the Secretary of the 
Treasury, and the heads of other relevant Federal agencies, shall 
submit an unclassified report, with a classified annex if necessary, to 
protect United States businesses and nongovernmental entities from 
sharp power operations, including coercion and threats that lead to 
censorship or self-censorship, or which compel compliance with 
political or foreign policy positions of the Government of the People's 
Republic of China and the Chinese Communist Party. The strategy shall 
include the following elements:
            (1) Information on efforts by the Government of the 
        People's Republic of China to censor the websites of United 
        States airlines, hotels, and other businesses regarding the 
        relationship between Taiwan and the People's Republic of China.
            (2) Information on efforts by the Government of the 
        People's Republic of China to target United States 
        nongovernmental entities through sharp power operations 
        intended to weaken support for Taiwan.
            (3) Information on United States Government efforts to 
        counter the threats posed by Chinese state-sponsored propaganda 
        and disinformation, including information on best practices, 
        current successes, and existing barriers to responding to this 
        threat.
            (4) Details of any actions undertaken to create a code of 
        conduct pursuant to subsection (b) and a timetable for 
        implementation.

SEC. 604. NEGOTIATION OF A FREE TRADE AGREEMENT WITH TAIWAN.

     Subject to section 605, the President is authorized to enter into 
an agreement with Taiwan consistent with the policy described in 
section 603, and the provisions of section 151(c) of the Trade Act of 
1974 (19 U.S.C. 2191(c)) shall apply with respect to a bill to 
implement such agreement.

SEC. 605. INTRODUCTION AND FAST TRACK CONSIDERATION OF IMPLEMENTING 
              BILL.

    (a) Introduction in House of Representatives and Senate.--Whenever 
the President submits to Congress a bill to implement a trade agreement 
described in section 604, the bill shall be introduced (by request) in 
the House of Representatives and in the Senate as described in section 
151(c) of the Trade Act of 1974 (19 U.S.C. 2191(c)).
    (b) Permissible Content in Implementing Legislation.--A bill to 
implement a trade agreement described in section 604 shall contain 
provisions that are necessary to implement the trade agreement, and 
shall include trade-related labor and environmental protection 
standards, but may not include amendments to title VII of the Tariff 
Act of 1930, title II of the Trade Act of 1974, or any antitrust law of 
the United States.
    (c) Applicability of Fast Track Procedures.--Section 151 of the 
Trade Act of 1974 (19 U.S.C. 2191) is amended--
            (1) in subsection (b)(1), by inserting ``section 604 of the 
        Countering Communist China Act,'' after ``section 282 of the 
        Uruguay Round Agreements Act,''; and
            (2) in subsection (c)(1), by inserting ``section 604 of the 
        Countering Communist China Act,'' after ``the Uruguay Round 
        Agreements Act,''.

SEC. 606. STRATEGY TO ADDRESS GENOCIDE IN THE XINJIANG UYGHUR 
              AUTONOMOUS REGION.

    (a) Strategy Required.--Not later than 60 days after the date of 
the enactment of this Act, the President shall submit to the 
appropriate congressional committees a report that includes a strategy 
specifically describing--
            (1) the steps already taken to tangibly address atrocity 
        crimes occurring in the Xinjiang Uyghur Autonomous Region, 
        especially during the period following the January 19, 2021, 
        determination that genocide and crimes against humanity were 
        occurring in the Xinjiang Uyghur Autonomous Region; and
            (2) a strategy for ending the atrocity crimes occurring in 
        the Xinjiang Uyghur Autonomous Region, including by--
                    (A) holding accountable persons or entities 
                responsible for committing such atrocity crimes by 
                addressing, through existing or new export controls or 
                import restrictions, the issues of mass biometric 
                surveillance and forced labor programs in China;
                    (B) gaining access for United Nations, United 
                States, and other diplomats and foreign journalists to 
                the Xinjiang Uyghur Autonomous Region; and
                    (C) protecting Uyghurs, Kazakhs, Kyrgyz, and other 
                ethnic minorities affected by the atrocities committed 
                by the Government of the People's Republic of China.
    (b) Form and Publication.--The report required under subsection (b) 
shall be submitted in unclassified form and shall be made publicly 
available, but may include a classified annex.
    (c) Appropriate Congressional Committees.--In this section, the 
term ``appropriate congressional committees'' means--
            (1) The Committee on Foreign Affairs, the Committee on 
        Armed Services, and the Committee on Appropriations of the 
        House of Representatives.
            (2) The Committee on Foreign Relations, the Committee on 
        Armed Services, and the Committee on Appropriations of the 
        Senate.

SEC. 607. SANCTIONS WITH RESPECT TO INDIVIDUALS COMMITTING RESPONSIBLE 
              FOR OR COMPLICIT IN FORCED STERILIZATIONS, FORCED 
              ABORTIONS, OR OTHER SEXUAL VIOLENCE.

    (a) Statement of Policy.--It is the policy of the United States to 
consider any foreign person or entity responsible for, complicit in, or 
having directly or indirectly engaged in forced sterilizations, forced 
abortions, or other sexual violence targeting any individual in the 
Xinjiang Uyghur Autonomous Region as having committed gross violations 
of internationally recognized human rights for purposes of imposing the 
sanctions detailed in the Global Magnitsky Human Rights Accountability 
Act (22 U.S.C. 2656 note).
    (b) Denial of Entry for Foreign Nationals Engaged in Establishment 
or Enforcement of Forced Abortion or Sterilization Policy.--Section 801 
of the Admiral James W. Nance and Meg Donovan Foreign Relations 
Authorization Act, Fiscal Years 2000 and 2001 (Public Law 106-113; 8 
U.S.C. 1182e) is amended--
            (1) in subsection (b), by striking ``minister.'' and 
        inserting ``minister, unless--
            ``(1) the Secretary of State makes a public determination 
        that the forced sterilizations, forced abortions, or other 
        coercive population control policies were being committed or 
        enforced with the intent to destroy, in whole or in part, a 
        national, ethnic, racial or religious group and therefore 
        constitute genocide or crimes against humanity; or
            ``(2) the Secretary of State finds that such coercive 
        population control policies were targeting Uyghurs, Kazakhs, 
        Tibetan or other ethnic minorities or individuals peacefully 
        expressing internationally recognized human rights in the 
        People's Republic of China.'';
            (2) in subsection (c), by striking ``national interest'' 
        and inserting ``national security interest''; and
            (3) by adding at the end the following new subsections:
    ``(d) Notice.--The Secretary of State shall make a public 
announcement each time sanctions are imposed under this section as a 
result of a determination or finding described in subsection (b)(1) or 
(b)(2), respectively.
    ``(e) Information Requested by Congress.--The Secretary of State 
shall, upon request of a Member of Congress--
            ``(1) provide information about the use of the sanctions 
        described in this section, including the number of times 
        imposed, disaggregated by country and by year; or
            ``(2) provide a classified briefing that includes 
        information about the individuals or entities sanctioned 
        pursuant to this section and any other Act authorizing 
        sanctions with respect to the conduct of such individuals or 
        entities.''.

SEC. 608. SENSE OF CONGRESS ON THE 2022 WINTER OLYMPICS.

    It is the sense of Congress that, consistent with the principles of 
the International Olympic Committee, unless the Government of the 
People's Republic of China demonstrates significant progress in 
securing fundamental human rights, including the freedoms of religion, 
speech, movement, association, and assembly, the International Olympic 
Committee should rebid the 2022 Winter Olympics to be hosted by a 
country that recognizes and respects human rights.

SEC. 609. LIMITATIONS ON FUNDS MADE AVAILABLE FOR THE UNITED NATIONS 
              POPULATION FUND.

    Chapter 3 of part I of the Foreign Assistance Act of 1961 (22 
U.S.C. 2221 et seq.) is amended by adding at the end the following:

``SEC. 308. LIMITATIONS ON FUNDS MADE AVAILABLE FOR THE UNITED NATIONS 
              POPULATION FUND.

    ``(a) Availability of Funds.--
            ``(1) In general.--Funds made available to carry out this 
        part for the United Nations Population Fund (UNFPA) that are 
        not made available for UNFPA because of the operation of any 
        provision of law shall be transferred to the `Global Health 
        Programs' account and shall be made available for family 
        planning, maternal, and reproductive health activities.
            ``(2) Notification.--The President shall notify the 
        appropriate congressional committees of any transfer of funds 
        under this subsection not later than 10 days after the date on 
        which funds are so transferred.
    ``(b) Prohibition on Use of Funds in China.--None of the funds made 
available to carry out this part may be used by UNFPA for a country 
program in the People's Republic of China.
    ``(c) Conditions on Availability of Funds.--Funds made available to 
carry out this part for UNFPA may not be made available unless--
            ``(1) UNFPA maintains funds made available to carry out 
        this part in an account separate from other accounts of UNFPA 
        and does not commingle such funds with other sums; and
            ``(2) UNFPA does not fund abortions.
    ``(d) Report to Congress and Dollar-for-Dollar Withholding of 
Funds.--
            ``(1) In general.--Not later than 4 months after the start 
        of each fiscal year, the Secretary of State shall submit to the 
        appropriate congressional committees a report indicating the 
        amount of funds that UNFPA is budgeting for the year in which 
        the report is submitted for a country program in the People's 
        Republic of China.
            ``(2) Deduction of funds.--If a report under paragraph (1) 
        indicates that UNFPA plans to spend funds for a country program 
        in the People's Republic of China in the year covered by the 
        report, then an amount of funds equal to the amount of funds 
        UNFPA plans to spend in the People's Republic of China shall be 
        deducted from the funds made available to UNFPA after March 1 
        for obligation for the remainder of the fiscal year in which 
        the report is submitted.
    ``(e) Appropriate Congressional Committees Defined.--In this 
section, the term `appropriate congressional committees' means--
            ``(1) the Committee on Appropriations and the Committee on 
        Foreign Affairs of the House of Representatives; and
            ``(2) the Committee on Appropriations and the Committee on 
        Foreign Relations of the Senate.''.

SEC. 610. PROHIBITION ON USE OF FUNDS FOR ABORTIONS AND INVOLUNTARY 
              STERILIZATIONS.

    Section 104(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151b(f)) is amended by adding at the end the following:
            ``(4) None of the funds made available to carry out this 
        Act nor any unobligated balances from prior appropriations Acts 
        may be made available to any organization or program which 
        supports or participates in the management of a program of 
        coercive abortion or involuntary sterilization.''.

SEC. 611. PROHIBITION ON CERTAIN FUNDING RELATING TO PROVISION OF AN 
              OPEN PLATFORM FOR CHINA.

    (a) Funding Prohibition.--Notwithstanding any other provision of 
law, no funding made available to the United States Agency for Global 
Media (USAGM) may be used to provide an open platform for 
representatives of the People's Republic of China (PRC), members of the 
Chinese Communist Party (CCP), or any entity owned or controlled by the 
PRC or CCP.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the USAGM shall submit to the Committee on 
Foreign Affairs of the House of Representatives and the Committee on 
Foreign Relations of the Senate a report describing whether or not any 
of its broadcast entities, including its grantee organizations, has 
provided at any time during the five year period immediately preceding 
such report an open platform for representatives of the PRC, members of 
the CCP, or any entity owned or controlled by the PRC or CCP. Such 
report shall be made available on a publicly available website by the 
Federal Government.

SEC. 612. ESTABLISHMENT OF NEW MANDARIN CHINESE LANGUAGE PLATFORMS OF 
              THE UNITED STATES AGENCY FOR GLOBAL MEDIA.

    (a) In General.--The Chief Executive Officer of the United States 
Agency for Global Media (USAGM) shall establish new platforms in the 
Mandarin Chinese language, including new social media accounts, an 
internet website hosting radio channels and video and audio podcasts, 
and an interactive website and mobile application, for the following 
purposes:
            (1) Exposing the corruption and human rights abuses of the 
        Chinese Communist Party.
            (2) Supporting the right for the people of the People's 
        Republic of China to live in democracy.
            (3) Explaining the failures of Communism.
            (4) Explaining to a Chinese audience the concepts of rule 
        of law, constitutionalism, limited government, separation of 
        powers, democracy, and human rights.
            (5) Highlighting the voices of Chinese civil society, 
        democracy activists, and opposition movements advocating for a 
        free and democratic China.
    (b) Strategy.--In carrying out subsection (a), the Chief Executive 
Officer of USAGM shall develop a strategy for--
            (1) bypassing the firewall and internet censorship of the 
        People's Republic of China; and
            (2) supporting programs for bypassing such firewall and 
        internet censorship in order to reach the people of China.

SEC. 613. ANNUAL MEETINGS OF INTERPARLIAMENTARY GROUP BETWEEN CONGRESS 
              AND LEGISLATURE OF TAIWAN.

    (a) Meetings.--The Speaker of the House of Representatives and the 
President pro tempore of the Senate shall each appoint members to serve 
on an interparliamentary group which will meet annually with 
representatives of the Legislative Yuan of Taiwan to discuss areas of 
mutual interest between the United States and Taiwan, including--
            (1) deterring military aggression by the People's Republic 
        of China and countering the malign influence of the Chinese 
        Communist Party in both the United States and Taiwan;
            (2) strengthening security cooperation between the United 
        States and Taiwan; and
            (3) enhancing bilateral trade between the United States and 
        Taiwan.
    (b) Appointment of Members.--
            (1) House.--The Speaker of the House of Representatives 
        shall appoint 6 Members of the House to serve on the group 
        under this section, based on recommendations made by the 
        Majority Leader and the Minority Leader of the House, and shall 
        designate one of the Members as the co-chair of the group.
            (2) Senate.--The President pro tempore of the Senate shall 
        appoint 6 Senators to serve on the group under this section, 
        based on recommendations made by the Majority Leader and the 
        Minority Leader of the Senate, and shall designate one of the 
        Senators as the co-chair of the group.
    (c) Source of Funding.--Of the amounts obligated and expended to 
carry out this section--
            (1) 50 percent shall be derived from the applicable 
        accounts of the House of Representatives; and
            (2) 50 percent shall be derived form the contingent fund of 
        the Senate.
    (d) Repeal of Existing Interparliamentary Group Between Senate and 
People's Republic of China.--Section 153 of the Miscellaneous 
Appropriations and Offsets Act, 2004 (22 U.S.C. 276n) is hereby 
repealed.

SEC. 614. PROHIBITION ON IMPORTATION OF GOODS MADE IN THE XINJIANG 
              UYGHUR AUTONOMOUS REGION.

    (a) In General.--Except as provided in subsection (b), all goods, 
wares, articles, and merchandise mined, produced, or manufactured 
wholly or in part in the Xinjiang Uyghur Autonomous Region of China, or 
by persons working with the Xinjiang Uyghur Autonomous Region 
government for purposes of the ``poverty alleviation'' program or the 
``pairing-assistance'' program which subsidizes the establishment of 
manufacturing facilities in the Xinjiang Uyghur Autonomous Region, 
shall be deemed to be goods, wares, articles, and merchandise described 
in section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) and shall not 
be entitled to entry at any of the ports of the United States.
    (b) Exception.--The prohibition described in subsection (a) shall 
not apply if the Commissioner of U.S. Customs and Border Protection--
            (1) determines, by clear and convincing evidence, that any 
        specific goods, wares, articles, or merchandise described in 
        subsection (a) were not produced wholly or in part by convict 
        labor, forced labor, or indentured labor under penal sanctions; 
        and
            (2) submits to the appropriate congressional committees and 
        makes available to the public a report that contains such 
        determination.
    (c) Effective Date.--This section shall take effect on the date 
that is 120 days after the date of the enactment of this Act.

                 TITLE VII--MATTERS RELATED TO DEFENSE

SEC. 701. MODIFICATION TO USE OF EMERGENCY SANCTIONS AUTHORITIES 
              REGARDING COMMUNIST CHINESE MILITARY COMPANIES.

    (a) In General.--Section 1237(a)(1) of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note) is 
amended--
            (1) by striking ``may exercise'' and inserting ``shall 
        exercise'';
            (2) by striking clause (ii);
            (3) in the matter preceding clause (i), by striking 
        ``that--'' and inserting ``that is engaged in providing 
        commercial services, manufacturing, producing, or exporting 
        and--'';
            (4) in clause (i), by striking ``; and'' and inserting ``; 
        or''; and
            (5) by adding at the end the following new clause:
                            ``(ii)(I) is owned or controlled by, or 
                        affiliated with, the Chinese Communist Party or 
                        any person who has ever been a delegate of a 
                        National People's Congress of the Chinese 
                        Communist Party; and
                            ``(II) is engaged in significant investment 
                        in the sectors of fifth-generation wireless 
                        communications, artificial intelligence, 
                        advanced computing, `big data' analytics, 
                        autonomy, robotics, directed energy, 
                        hypersonics, or biotechnology.''.
    (b) Extension of List Requirement.--Notwithstanding section 
1061(i)(6) of the National Defense Authorization Act for Fiscal Year 
2017 (10 U.S.C. 111 note), the submission required by subsection (b) of 
section 1237 of the Strom Thurmond National Defense Authorization Act 
for Fiscal Year 1999--
            (1) shall not terminate on December 31, 2021; and
            (2) shall continue in effect until December 31, 2026.

SEC. 702. PROHIBITION ON USE OF FUNDS TO PURCHASE GOODS OR SERVICES 
              FROM COMMUNIST CHINESE MILITARY COMPANIES.

    (a) In General.--None of the funds authorized to be appropriated or 
otherwise made available for fiscal year 2020 and available for 
obligation as of the date of the enactment of this Act, or authorized 
to be appropriated or otherwise made available for fiscal year 2021 or 
any fiscal year thereafter, may be obligated or expended to purchase 
goods or services from a person on the list required by section 1237(b) 
of the Strom Thurmond National Defense Authorization Act for Fiscal 
Year 1999 (Public Law 105-261; 50 U.S.C. 1701 note).
    (b) Application to Private Entities and State and Local 
Governments.--
            (1) In general.--The prohibition under subsection (a) 
        includes a prohibition on the obligation or expenditure of 
        funds described in that subsection for the purchase of goods or 
        services from persons described in that subsection by a private 
        entity or a State or local government that received such funds 
        through a grant or any other means.
            (2) Certification required to receive future funds.--
                    (A) In general.--On and after the date of the 
                enactment of this Act, the head of an executive agency 
                shall ensure that funds described in subsection (a) are 
                not provided to a private entity or a State or local 
                government unless the entity or government certifies 
                that the entity or government, as the case may be, is 
                not purchasing goods or services from a person 
                described in subsection (a).
                    (B) Review.--The head of an executive agency shall 
                conduct a review of the use of funds described in 
                subsection (a) that are provided to a private entity or 
                a State or local government to ensure compliance with 
                the requirements of subparagraph (A).
    (c) Executive Agency Defined.--In this section, the term 
``executive agency'' has the meaning given that term in section 133 of 
title 41, United States Code.

SEC. 703. ENACTMENT OF EXECUTIVE ORDER 13959.

    (a) In General.--The provisions of Executive Order 13959 (85 Fed. 
Reg. 73185; relating to addressing the threat from securities 
investments that finance Communist Chinese military companies (November 
12, 2020)), as in effect on January 14, 2021, 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 approval at the end an appendix setting forth the 
text of the Executive order referred to in subsection (a), as in effect 
on January 14, 2021.

SEC. 704. INCLUSION OF CERTAIN CHINESE ENTITIES ON THE ANNEX TO 
              EXECUTIVE ORDER 13959.

    (a) In General.--Notwithstanding any other provision of a law, an 
entity described in subsection (b) shall be deemed to be included on 
the Annex to Executive Order 13959, as in effect on January 14, 2021, 
and enacted into law by section 1(a) for purposes of carrying out the 
provisions of such Executive order.
    (b) Entity Described.--An entity described in this subsection is an 
entity that--
            (1) is organized under the laws of the People's Republic of 
        China or otherwise subject to the jurisdiction of the 
        Government of the People's Republic of China; and
            (2) is included on the list maintained and set forth in 
        Supplement No. 4 to part 744 of the Export Administration 
        Regulations.
    (c) Export Administration Regulations Defined.--In this section, 
the term ``Export Administration Regulations'' means the regulations 
set forth in subchapter C of chapter VII of title 15, Code of Federal 
Regulations, or successor regulations.

SEC. 705. ARMS EXPORTS TO INDIA.

    (a) Eligibility for Arms Exports.--Section 3 of the Arms Export 
Control Act (22 U.S.C. 2753) is amended--
            (1) in subsection (b)(2), by striking ``or the Government 
        of New Zealand'' and inserting ``the Government of New Zealand, 
        or the Government of India''; and
            (2) in subsection (d), by striking ``or New Zealand'' each 
        place it appears and inserting ``New Zealand, or India''.
    (b) Sales From Stocks.--Section 21 of the Arms Export Control Act 
(22 U.S.C. 2761) is amended--
            (1) in subsection (e)(2)(A), by striking ``or New Zealand'' 
        and inserting ``New Zealand, or India''; and
            (2) in subsection (h), by striking ``or Israel'' each place 
        it appears and inserting ``Israel, or India''.
    (c) Reports on Commercial and Governmental Military Exports; 
Congressional Action.--Section 36 of the Arms Export Control Act (22 
U.S.C. 2776) is amended by striking ``or New Zealand'' each place it 
appears and inserting ``New Zealand, or India''.
    (d) Reports to the Congress.--Section 62(c)(1) of the Arms Export 
Control Act (22 U.S.C. 2796a) is amended by striking ``or New Zealand'' 
and inserting ``New Zealand, or India''.
    (e) Legislative Review.--Section 63(a)(2) of the Arms Export 
Control Act (22 U.S.C. 2796b) is amended by striking ``or New Zealand'' 
and inserting ``New Zealand, or India''.

 TITLE VIII--MATTERS RELATED TO THE PROTECTION OF INTELLECTUAL PROPERTY

SEC. 801. IMPOSITION OF SANCTIONS RELATED TO THE THEFT OF INTELLECTUAL 
              PROPERTY.

    (a) In General.--The President shall impose the sanctions described 
in subsection (b) with respect to each person described in subsection 
(c) the President determines, on or after the date of enactment of this 
Act, operates in a sector of China's economy wherein persons have 
engaged in a pattern of significant theft of the intellectual property 
of a United States person, or received the intellectual property of a 
United States person obtained through a pattern of significant theft.
    (b) Sanctions Imposed.--The sanctions described in this subsection 
are the following:
            (1) Asset blocking.--The exercise of all powers granted to 
        the President by the International Emergency Economic Powers 
        Act (50 U.S.C. 1701 et seq.) to the extent necessary to block 
        and prohibit all transactions in all property and interests in 
        property of a person described in subsection (a) if such 
        property and interests 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.
            (2) Aliens ineligible for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--An alien 
                described in subsection (a) 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 
                        Nationality Act (8 U.S.C. 1101 et seq.).
                    (B) Current visas revoked.--
                            (i) In general.--The issuing consular 
                        officer, the Secretary of State, or the 
                        Secretary of Homeland Security (or a designee 
                        of one of such Secretaries) shall, in 
                        accordance with section 221(i) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1201(i)), revoke any visa or other entry 
                        documentation issued to an alien who the 
                        Secretary of State or the Secretary of Homeland 
                        Security (or a designee of one of such 
                        Secretaries) determines is described in 
                        subsection (a), regardless of when the visa or 
                        other documentation is issued.
                            (ii) Effect of revocation.--A revocation 
                        under clause (i) shall take effect immediately 
                        and shall automatically cancel any other valid 
                        visa or entry documentation that is in the 
                        alien's possession.
            (3) Exception to comply with united nations headquarters 
        agreement.--The authority to impose the sanctions described in 
        paragraph (2)(B) shall not apply to an alien if admitting the 
        alien into the United States is necessary to permit 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) Persons Described.--A person described in this section is one 
of the following:
            (1) An individual who--
                    (A) is a national of the People's Republic of China 
                or acting at the direction of a national or entity of 
                the People's Republic of China; and
                    (B) is not a United States person.
            (2) An entity that is--
                    (A) organized under the laws of the People's 
                Republic of China or of any jurisdiction within the 
                People's Republic of China;
                    (B) owned or controlled by individuals who are 
                nationals of the People's Republic of China; or
                    (C) owned or controlled by an entity described in 
                subparagraph (A) and is not a United States person.
    (d) Penalties; Implementation.--
            (1) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of 
        subsection (a) or any regulation, license, or order issued to 
        carry out subsection (a) shall be subject to the penalties set 
        forth in subsections (b) and (c) of section 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.
            (2) Implementation.--The President may exercise all 
        authorities provided to the President under sections 203 and 
        205 of the International Emergency Economic Powers Act (50 
        U.S.C. 1702 and 1704) for purposes of carrying out this 
        section.
    (e) Report Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall submit to the 
        Committee on Foreign Affairs of the House of Representatives 
        and the Committee on Foreign Relations of the Senate a report 
        that specifies each person the President determines meets the 
        criteria described in subsection (a) for the imposition of 
        sanctions.
            (2) Termination of sanctions.--The President may terminate 
        sanctions imposed under subsection (a) with respect to a person 
        if the President certifies to the Committee on Foreign Affairs 
        of the House of Representatives and the Committee on Foreign 
        Relations of the Senate that such person is no longer engaging 
        in efforts to steal United States intellectual property.
    (f) Waiver.--The President may waive the imposition of sanctions 
under subsection (a) on a case-by-case basis with respect to a person 
if the President--
            (1) certifies to the Committee on Foreign Affairs and the 
        Committee on the Judiciary of the House of Representatives and 
        the Committee on Foreign Relations and the Committee on the 
        Judiciary of the Senate that such waiver is in the national 
        security interests of the United States; and
            (2) includes a justification for such certification.
    (g) Definitions.--In this Act:
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given those terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101).
            (2) United states person.--The term ``United States 
        person'' means--
                    (A) an individual who is a United States citizen or 
                an alien lawfully admitted for permanent residence to 
                the United States; or
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States.

SEC. 802. PROHIBITION ON USE OF FUNDS.

    None of the funds authorized to be appropriated or otherwise made 
available to the United States Trade Representative may be used to 
support, allow, or facilitate the negotiation or approval of--
            (1) the ``Waiver from Certain Provisions of the TRIPS 
        Agreement for the Prevention, Containment, and Treatment of 
        COVID-19'' put forth by India and South Africa; or
            (2) any other measure at the World Trade Organization to 
        waive intellectual property rights.

SEC. 803. PROHIBITION ON INDIVIDUALS WITH SECURITY CLEARANCES FROM 
              BEING EMPLOYED BY CERTAIN ENTITIES.

    (a) Prohibition.--Section 3002 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (50 U.S.C. 3343) is amended by adding 
at the end the following new subsection:
    ``(e) Prohibition on Certain Employment.--
            ``(1) Prohibition.--A covered person may not be employed 
        by, contract with, or otherwise receive funding from, any 
        covered entity during the following periods:
                    ``(A) A period in which the person holds a security 
                clearance.
                    ``(B) The 5-year period beginning on the date that 
                the security clearance of a person becomes inactive.
            ``(2) Penalties.--Any person who knowingly violates the 
        prohibition in paragraph (1) shall be fined under title 18, 
        United States Code, or imprisoned for not more than 5 years, or 
        both.
            ``(3) Notification.--A person who holds a security 
        clearance shall be notified of the prohibition in paragraph 
        (1), including a list of the covered entities, as follows:
                    ``(A) At the time at which the person is issued the 
                security clearance.
                    ``(B) At the time at which the security clearance 
                of the person is renewed.
                    ``(C) At the time at which the security clearance 
                of the person becomes inactive.
            ``(4) Covered entity.--
                    ``(A) Definition.--Subject to subparagraph (B), in 
                this subsection, the term `covered entity' means any of 
                the following entities (including any subsidiary or 
                affiliate of such entities):
                            ``(i) Huawei Technologies Company.
                            ``(ii) ZTE Corporation.
                            ``(iii) Hytera Communications Corporation.
                            ``(iv) Hangzhou Hikvision Digital 
                        Technology Company.
                            ``(v) Dahua Technology Company.
                            ``(vi) Kaspersky Lab.
                    ``(B) Modifications.--The Director of National 
                Intelligence, in consultation with the Secretary of 
                Defense or the Director of the Federal Bureau of 
                Investigation, may add or remove entities to the list 
                of covered entities in subparagraph (A) based on 
                whether the Director determines there is reasonable 
                belief that the entity is owned or controlled by, or 
                otherwise connected to or receiving financial support 
                from, the government of the People's Republic of China, 
                the government of the Russian Federation, the 
                government of the Islamic Republic of Iran, or the 
                government of the Democratic People's Republic of 
                Korea.''.
    (b) Application.--
            (1) In general.--Subsection (e) of section 3002 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 (50 
        U.S.C. 3343) shall apply with respect to an individual who is 
        employed by, contracts with, or otherwise receives funding 
        from, any covered entity under such subsection on or after the 
        date of the enactment of this Act.
            (2) Notification.--Not later than 30 days after the date of 
        the enactment of this Act, each person who holds a security 
        clearance as of such date shall be notified of the prohibition 
        in such subsection (e), including a list of the covered 
        entities under such subsection.

SEC. 804. RESTRICTION ON ISSUANCE OF VISAS.

    (a) Restriction.--The Secretary of State may not issue a visa to, 
and the Secretary of Homeland Security shall deny entry to the United 
States of, each of the following:
            (1) Senior officials in the Chinese Communist Party, 
        including the Politburo, the Central Committee, and each 
        delegate to the 19th National Congress of the Chinese Communist 
        Party.
            (2) The spouses and children of the senior officials 
        described in paragraph (1).
            (3) Members of the cabinet of the Government of the 
        People's Republic of China.
            (4) Active duty members of the People's Liberation Army of 
        China.
    (b) Applicability.--The restriction under subsection (a) shall not 
apply for any year in which the Director of National Intelligence 
certifies to the Committees on the Judiciary of the House of 
Representatives and the Senate that the Government of the People's 
Republic of China has ceased sponsoring, funding, facilitating, and 
actively working to support efforts to infringe on the intellectual 
property rights of citizens and companies of the United States.

SEC. 805. INTER PARTES REVIEW.

    (a) Claim Construction.--Section 316(a) of title 35, United States 
Code, is amended--
            (1) in paragraph (9), by inserting after ``substitute 
        claims,'' the following: ``including the standard for how 
        substitute claims should be construed,'';
            (2) in paragraph (12), by striking ``; and'' and inserting 
        a semicolon;
            (3) in paragraph (13), by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(14) providing that for all purposes under this chapter--
                    ``(A) each challenged claim of a patent, or claim 
                proposed in a motion to amend, shall be construed as 
                the claim would be construed under section 282(b) in an 
                action to invalidate a patent, including by construing 
                each such claim in accordance with--
                            ``(i) the ordinary and customary meaning of 
                        the claim as understood by a person having 
                        ordinary skill in the art to which the claimed 
                        invention pertains; and
                            ``(ii) the prosecution history pertaining 
                        to the patent; and
                    ``(B) if a court has previously construed a 
                challenged claim of a patent or a challenged claim term 
                in a civil action to which the patent owner was a 
                party, the Office shall consider that claim 
                construction.''.
    (b) Burden of Proof.--Section 316(e) of title 35, United States 
Code, is amended to read as follows:
    ``(e) Evidentiary Standards.--
            ``(1) Presumption of validity.--The presumption of validity 
        under section 282(a) shall apply to a previously issued claim 
        that is challenged during an inter partes review under this 
        chapter.
            ``(2) Burden of proof.--In an inter partes review 
        instituted under this chapter, the petitioner shall have the 
        burden of proving a proposition of unpatentability of a 
        previously issued claim by clear and convincing evidence.''.
    (c) Standing.--Section 311 of title 35, United States Code, is 
amended by adding at the end the following new subsection:
    ``(d) Persons That May Petition.--
            ``(1) Definition.--In this subsection, the term `charged 
        with infringement' means a real and substantial controversy 
        regarding infringement of a patent exists such that the 
        petitioner would have standing to bring a declaratory judgment 
        action in Federal court.
            ``(2) Necessary conditions.--A person may not file with the 
        Office a petition to institute an inter partes review of a 
        patent unless the person, or a real party in interest or privy 
        of the person, has been--
                    ``(A) sued for infringement of the patent; or
                    ``(B) charged with infringement under the 
                patent.''.
    (d) Limitation on Reviews.--Section 314(a) of title 35, United 
States Code, is amended to read as follows:
    ``(a) Threshold.--
            ``(1) Likelihood of prevailing.--Subject to paragraph (2), 
        the Director may not authorize an inter partes review to be 
        instituted unless the Director determines that the information 
        presented in the petition filed under section 311 and any 
        response filed under section 313 show that there is a 
        reasonable likelihood that the petitioner would prevail with 
        respect to at least one of the claims challenged in the 
        petition.
            ``(2) Previous institution.--The Director may not authorize 
        an inter partes review to be instituted on a claim challenged 
        in a petition if the Director has previously instituted an 
        inter partes review or post-grant review with respect to that 
        claim.''.
    (e) Reviewability of Institution Decisions.--Section 314 of title 
35, United States Code, is amended by striking subsection (d) and 
inserting the following:
    ``(d) No Appeal.--
            ``(1) Nonappealable determinations.--
                    ``(A) Threshold determination.--A determination by 
                the Director on the reasonable likelihood that the 
                petitioner will prevail under subsection (a)(1) shall 
                be final and nonappealable.
                    ``(B) Denials of institution.--A determination by 
                the Director not to institute an inter partes review 
                under this section shall be final and nonappealable.
            ``(2) Appealable determinations.--Any aspect of a 
        determination by the Director to institute an inter partes 
        review under this section, other than a determination described 
        in paragraph (1)(A), may be reviewed during an appeal of a 
        final written decision issued under section 318(a).''.
    (f) Eliminating Repetitive Proceedings.--Section 315(e) of title 
35, United States Code, is amended to read as follows:
    ``(e) Estoppel.--
            ``(1) Proceedings before the office.--A person petitioning 
        for an inter partes review of a claim in a patent under this 
        chapter, or the real party in interest or privy of the 
        petitioner, may not petition for a subsequent inter partes 
        review before the Office with respect to that patent on any 
        ground that the petitioner raised or reasonably could have 
        raised in the initial petition, unless, after the filing of the 
        initial petition, the petitioner, or the real party in interest 
        or privy of the petitioner, is charged with infringement of 
        additional claims of the patent.
            ``(2) Civil actions and other proceedings.--A person 
        petitioning for an inter partes review of a claim in a patent 
        under this chapter that results in an institution decision 
        under section 314, or the real party in interest or privy of 
        the petitioner, may not assert either in a civil action arising 
        in whole or in part under section 1338 of title 28 or in a 
        proceeding before the International Trade Commission under 
        section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) that the 
        claim is invalid based on section 102 or 103 of this title, 
        unless the invalidity argument is based on allegations that the 
        claimed invention was in public use, on sale, or otherwise 
        available to the public before the effective filing date of the 
        claimed invention.''.
    (g) Real Party in Interest.--
            (1) Clarification of definition.--Section 315 of title 35, 
        United States Code, is amended by adding at the end the 
        following new subsection:
    ``(f) Petitioner.--For purposes of this chapter, a person that 
directly or through an affiliate, subsidiary, or proxy makes a 
financial contribution to the preparation for, or conduct during, an 
inter partes review on behalf of the petitioner shall be considered a 
real party in interest of the petitioner.''.
            (2) Discovery of real party in interest.--Section 316(a)(5) 
        of title 35, United States Code, is amended to read as follows:
            ``(5) setting forth standards and procedures for discovery 
        of relevant evidence, including that such discovery shall be 
        limited to--
                    ``(A) the deposition of witnesses submitting 
                affidavits or declarations;
                    ``(B) evidence identifying the petitioner's real 
                parties in interest; and
                    ``(C) what is otherwise necessary in the interest 
                of justice;''.
    (h) Priority of Federal Court Validity Determinations.--
            (1) In general.--Section 315 of title 35, United States 
        Code, as amended by subsections (f) and (g), is further 
        amended--
                    (A) by redesignating subsections (c) through (f) as 
                subsections (d) through (g), respectively; and
                    (B) by inserting after subsection (b) the following 
                new subsection:
    ``(c) Federal Court Validity Determinations.--
            ``(1) Institution barred.--An inter partes review of a 
        patent claim may not be instituted if, in a civil action 
        arising in whole or in part under section 1338 of title 28 or 
        in a proceeding before the International Trade Commission under 
        section 337 of the Tariff Act of 1930 (19 U.S.C. 1337), a court 
        has entered a final judgment--
                    ``(A) that decides the validity of the patent claim 
                with respect to section 102 or 103; and
                    ``(B) from which an appeal under section 1295 of 
                title 28 may be taken, or from which an appeal under 
                section 1295 of title 28 was previously available but 
                is no longer available.
            ``(2) Stay of proceedings.--
                    ``(A) In general.--If, in a civil action arising in 
                whole or in part under section 1338 of title 28 or in a 
                proceeding before the International Trade Commission 
                under section 337 of the Tariff Act of 1930 (19 U.S.C. 
                1337), a court has entered a final judgment that 
                decides the validity of a patent claim with respect to 
                section 102 or 103 and from which an appeal under 
                section 1295 of title 28 may be taken, the Patent Trial 
                and Appeal Board shall stay any ongoing inter partes 
                review of that patent claim pending a final decision.
                    ``(B) Termination.--If the validity of a patent 
                claim described in subparagraph (A) is finally upheld 
                by a court or the International Trade Commission, as 
                applicable, the Patent Trial and Appeal Board shall 
                terminate the inter partes review.''.
            (2) Technical and conforming amendments.--Chapter 31 of 
        title 35, United States Code, is amended--
                    (A) in section 315(b), by striking ``subsection 
                (c)'' and inserting ``subsection (d)'';
                    (B) in section 316(a)--
                            (i) in paragraph (11), by striking 
                        ``section 315(c)'' and inserting ``section 
                        315(d)''; and
                            (ii) in paragraph (12), by striking 
                        ``section 315(c)'' and inserting ``section 
                        315(d)''; and
                    (C) in section 317(a), by striking ``section 
                315(e)'' and inserting ``section 315(f)''.

SEC. 806. POST-GRANT REVIEW.

    (a) Claim Construction.--Section 326(a) of title 35, United States 
Code, is amended--
            (1) in paragraph (9), by inserting after ``substitute 
        claims,'' the following: ``including the standard for how 
        substitute claims should be construed,'';
            (2) in paragraph (11), by striking ``; and'' and inserting 
        a semicolon;
            (3) in paragraph (12), by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(13) providing that for all purposes under this chapter--
                    ``(A) each challenged claim of a patent shall be 
                construed as the claim would be construed under section 
                282(b) in an action to invalidate a patent, including 
                by construing each challenged claim of the patent in 
                accordance with--
                            ``(i) the ordinary and customary meaning of 
                        the claim as understood by a person having 
                        ordinary skill in the art to which the claimed 
                        invention pertains; and
                            ``(ii) the prosecution history pertaining 
                        to the patent; and
                    ``(B) if a court has previously construed a 
                challenged claim of a patent or a challenged claim term 
                in a civil action to which the patent owner was a 
                party, the Office shall consider that claim 
                construction.''.
    (b) Burden of Proof.--Section 326(e) of title 35, United States 
Code, is amended to read as follows:
    ``(e) Evidentiary Standards.--
            ``(1) Presumption of validity.--The presumption of validity 
        under section 282(a) shall apply to a previously issued claim 
        that is challenged during a proceeding under this chapter.
            ``(2) Burden of proof.--In a post-grant review instituted 
        under this chapter, the petitioner shall have the burden of 
        proving a proposition of unpatentability of a previously issued 
        claim by clear and convincing evidence.''.
    (c) Standing.--Section 321 of title 35, United States Code, is 
amended by adding at the end the following new subsection:
    ``(d) Persons That May Petition.--
            ``(1) Definition.--In this subsection, the term `charged 
        with infringement' means a real and substantial controversy 
        regarding infringement of a patent exists such that the 
        petitioner would have standing to bring a declaratory judgment 
        action in Federal court.
            ``(2) Necessary conditions.--A person may not file with the 
        Office a petition to institute a post-grant review of a patent 
        unless the person, or a real party in interest or privy of the 
        person, demonstrates--
                    ``(A) a reasonable possibility of being--
                            ``(i) sued for infringement of the patent; 
                        or
                            ``(ii) charged with infringement under the 
                        patent; or
                    ``(B) a competitive harm related to the validity of 
                the patent.''.
    (d) Limitation on Reviews.--Section 324(a) of title 35, United 
States Code, is amended to read as follows:
    ``(a) Threshold.--
            ``(1) Likelihood of prevailing.--Subject to paragraph (2), 
        the Director may not authorize a post-grant review to be 
        instituted unless the Director determines that the information 
        presented in the petition filed under section 321, if such 
        information is not rebutted, would demonstrate that it is more 
        likely than not that at least one of the claims challenged in 
        the petition is unpatentable.
            ``(2) Previous institution.--The Director may not authorize 
        a post-grant review to be instituted on a claim challenged in a 
        petition if the Director has previously instituted an inter 
        partes review or post-grant review with respect to that 
        claim.''.
    (e) Reviewability of Institution Decisions.--Section 324 of title 
35, United States Code, is amended by striking subsection (e) and 
inserting the following:
    ``(e) No Appeal.--
            ``(1) Non-appealable determinations.--
                    ``(A) Threshold determination.--A determination by 
                the Director on the likelihood that the petitioner will 
                prevail under subsection (a)(1) shall be final and 
                nonappealable.
                    ``(B) Exercise of discretion.--A determination by 
                the Director not to institute a post-grant review under 
                this section shall be final and nonappealable.
            ``(2) Appealable determinations.--Any aspect of a 
        determination by the Director to institute a post-grant review 
        under this section, other than a determination described in 
        paragraph (1)(A), may be reviewed during an appeal of a final 
        written decision issued under section 328(a).''.
    (f) Eliminating Repetitive Proceedings.--Section 325(e)(1) of title 
35, United States Code, is amended to read as follows:
            ``(1) Proceedings before the office.--A person petitioning 
        for a post-grant review of a claim in a patent under this 
        chapter, or the real party in interest or privy of the 
        petitioner, may not petition for a subsequent post-grant review 
        before the Office with respect to that patent on any ground 
        that the petitioner raised or reasonably could have raised in 
        the initial petition, unless, after the filing of the initial 
        petition, the petitioner, or the real party in interest or 
        privy of the petitioner, is charged with infringement of 
        additional claims of the patent.''.
    (g) Real Party in Interest.--
            (1) Clarification of definition.--Section 325 of title 35, 
        United States Code, is amended by adding at the end the 
        following new subsection:
    ``(g) Real Party in Interest.--For purposes of this chapter, a 
person that directly or through an affiliate, subsidiary, or proxy, 
makes a financial contribution to the preparation for, or conduct 
during, a post-grant review on behalf of the petitioner shall be 
considered a real party in interest of the petitioner.''.
            (2) Discovery of real party in interest.--Section 326(a)(5) 
        of title 35, United States Code, is amended to read as follows:
            ``(5) setting forth standards and procedures for discovery 
        of relevant evidence, including that such discovery shall be 
        limited to--
                    ``(A) the deposition of witnesses submitting 
                affidavits or declarations;
                    ``(B) evidence identifying the petitioner's real 
                parties in interest; and
                    ``(C) what is otherwise necessary in the interest 
                of justice;''.
    (h) Priority of Federal Court Validity Determinations.--
            (1) In general.--Section 325 of title 35, United States 
        Code, as amended by subsections (f) and (g), is further 
        amended--
                    (A) by redesignating subsections (c) through (g) as 
                subsections (d) through (h), respectively; and
                    (B) by inserting after subsection (b) the following 
                new subsection:
    ``(c) Federal Court Validity Determinations.--
            ``(1) Institution barred.--A post-grant review of a patent 
        claim may not be instituted if, in a civil action arising in 
        whole or in part under section 1338 of title 28 or in a 
        proceeding before the International Trade Commission under 
        section 337 of the Tariff Act of 1930 (19 U.S.C. 1337), a court 
        has entered a final judgment--
                    ``(A) that decides the validity of the patent claim 
                with respect to section 102 or 103; and
                    ``(B) from which an appeal under section 1295 of 
                title 28 may be taken, or from which an appeal under 
                section 1295 of title 28 was previously available but 
                is no longer available.
            ``(2) Stay of proceedings.--
                    ``(A) In general.--If, in a civil action arising in 
                whole or in part under section 1338 of title 28 or in a 
                proceeding before the International Trade Commission 
                under section 337 of the Tariff Act of 1930 (19 U.S.C. 
                1337), a court has entered a final judgment that 
                decides the validity of a patent claim with respect to 
                section 102 or 103 and from which an appeal under 
                section 1295 of title 28 may be taken, the Patent Trial 
                and Appeal Board shall stay any ongoing post-grant 
                review of that patent claim pending a final decision.
                    ``(B) Termination.--If the validity of a patent 
                claim described in subparagraph (A) is finally upheld 
                by a court or the International Trade Commission, as 
                applicable, the Patent Trial and Appeal Board shall 
                terminate the post-grant review.''.
            (2) Technical and conforming amendments.--Chapter 32 of 
        title 35, United States Code, is amended--
                    (A) in section 326(a)(11), by striking ``section 
                325(c)'' and inserting ``section 325(d)''; and
                    (B) in section 327(a), by striking ``section 
                325(e)'' and inserting ``section 325(f)''.

SEC. 807. COMPOSITION OF POST-GRANT REVIEW AND INTER PARTES REVIEW 
              PANELS.

    Section 6(c) of title 35, United States Code, is amended to read as 
follows:
    ``(c) 3-Member Panels.--
            ``(1) In general.--Each appeal, derivation proceeding, 
        post-grant review, and inter partes review shall be heard by at 
        least 3 members of the Patent Trial and Appeal Board, who shall 
        be designated by the Director.
            ``(2) Ineligibility to hear review.--A member of the Patent 
        Trial and Appeal Board who participates in the decision to 
        institute a post-grant review or an inter partes review of a 
        patent shall be ineligible to hear the review.
            ``(3) Rehearings.--Only the Patent Trial and Appeal Board 
        may grant rehearings.''.

SEC. 808. REEXAMINATION OF PATENTS.

    (a) Request for Reexamination.--Section 302 of title 35, United 
States Code, is amended to read as follows:
``Sec. 302. Request for reexamination
    ``Any person at any time may file a request for reexamination by 
the Office of any claim of a patent on the basis of any prior art cited 
under the provisions of section 301. The request must be in writing and 
must be accompanied by payment of a reexamination fee established by 
the Director pursuant to the provisions of section 41. The request must 
identify all real parties in interest and certify that reexamination is 
not barred under section 303(d). The request must set forth the 
pertinency and manner of applying cited prior art to every claim for 
which reexamination is requested. Unless the requesting person is the 
owner of the patent, the Director promptly will send a copy of the 
request to the owner of record of the patent.''.
    (b) Reexamination Barred by Civil Action.--Section 303 of title 35, 
United States Code, is amended by adding at the end the following new 
subsection:
    ``(d) An ex parte reexamination may not be instituted if the 
request for reexamination is filed more than 1 year after the date on 
which the requester or a real party in interest or privy of the 
requester is served with a complaint alleging infringement of the 
patent.''.

SEC. 809. RESTORATION OF PATENTS AS PROPERTY RIGHTS.

    Section 283 of title 35, United States Code, is amended--
            (1) by striking ``The several courts'' and inserting the 
        following:
    ``(a) In General.--The several courts''; and
            (2) by adding at the end the following:
    ``(b) Injunction.--Upon a finding by a court of infringement of a 
patent not proven invalid or unenforceable, the court shall presume 
that--
            ``(1) further infringement of the patent would cause 
        irreparable injury; and
            ``(2) remedies available at law are inadequate to 
        compensate for that injury.''.

SEC. 810. INVENTOR PROTECTIONS.

    (a) Inventor-Owned Patent Protections.--Chapter 32 of title 35, 
United States Code, is amended by adding at the end the following new 
section:
``Sec. 330. Inventor protections
    ``(a) Protection From Post Issuance Proceedings in the United 
States Patent and Trademark Office.--The United States Patent and 
Trademark Office shall not undertake a proceeding to reexamine, review, 
or otherwise make a determination about the validity of an inventor-
owned patent without the consent of the patentee.
    ``(b) Choice of Venue.--Any civil action for infringement of an 
inventor-owned patent or any action for a declaratory judgment that an 
inventor-owned patent is invalid or not infringed may be brought in a 
judicial district--
            ``(1) in accordance with section 1400(b) of title 28;
            ``(2) where the defendant has agreed or consented to be 
        sued in the instant action;
            ``(3) where an inventor named on the patent in suit 
        conducted research or development that led to the application 
        for the patent in suit;
            ``(4) where a party has a regular and established physical 
        facility that such party controls and operates, not primarily 
        for the purpose of creating venue, and has--
                    ``(A) engaged in management of significant research 
                and development of an invention claimed in a patent in 
                suit prior to the effective filing date of the patent;
                    ``(B) manufactured a tangible good that is alleged 
                to embody an invention claimed in a patent in suit; or
                    ``(C) implemented a manufacturing process for a 
                tangible good in which the process is alleged to embody 
                an invention claimed in a patent in suit; or
            ``(5) in the case of a foreign defendant that does not meet 
        the requirements of section 1400(b) of title 28, in accordance 
        with section 1391(c)(3) of such title.''.

SEC. 811. REGISTRATION OF AGENT.

    (a) In General.--Chapter 190 of title 28, United States Code, is 
amended by adding at the end the following new section:
``Sec. 5002. Registration of an agent for the service of process on 
              covered entities
    ``(a) In General.--A covered entity conducting business in the 
United States shall register with the Department of Commerce not less 
than one agent residing in the United States if the covered entity--
            ``(1) is owned by officers, members, or affiliates of the 
        Chinese Communist Party, the People's Liberation Army of China, 
        or any governmental organ of the People's Republic of China, 
        including regional and local governments;
            ``(2) is traded in shares and such shares are held in 
        majority by any individual or group of individuals who are 
        officers, members, or affiliates of the Chinese Communist 
        Party, the People's Liberation Army of China, or any 
        governmental organ of the People's Republic of China, including 
        regional and local governments;
            ``(3) is owned by individuals or other entities who reside 
        or are headquartered outside of the United States and the 
        majority of business earnings of the covered entity are derived 
        from commerce with entities owned by officers, members, or 
        affiliates of the Chinese Communist Party, the People's 
        Liberation Army of China, or any governmental organ of the 
        People's Republic of China, including regional and local 
        governments of the Chinese Communist Party, of the People's 
        Liberation Army of China, or in the People's Republic of China; 
        or
            ``(4) is organized under the laws of, or has its principal 
        place of business in, the People's Republic of China.
    ``(b) Filing.--A registration required under subsection (a) shall 
be filed with the Department of Commerce not later than 30 days after--
            ``(1) the date of enactment of this Act, or
            ``(2) the departure of the previously registered agent from 
        employment or contract with the covered entity.
    ``(c) Purpose of Registered Agent.--
            ``(1) Availability.--A covered entity shall ensure that not 
        less than one registered agent on whom process may be served is 
        available at the business address of the registered agent each 
        day from 9 a.m. to 5 p.m. in the time zone of the business 
        address, excluding Saturdays, Sundays, and Federal holidays.
            ``(2) Communication.--The registered agent shall be 
        required to be available to accept service of process on behalf 
        of the covered entity under which the agent is registered by 
        the means of any communication included in the registration 
        submitted to the Department of Commerce.
    ``(d) Cooperation.--A registered agent shall cooperate in good 
faith with the United States Government and representatives of other 
individuals and entities.
    ``(e) Required Information.--The registration submitted to the 
Department of Commerce shall include the following information:
            ``(1) The name of the covered entity registering an agent 
        under this section.
            ``(2) The name of the Chief Executive Officer, President, 
        Partner, Chairman, or other controlling individual of the 
        covered entity.
            ``(3) The name of the individual who is being registered as 
        the agent for the service of process.
            ``(4) The business address of the covered entity 
        registering an agent under this section.
            ``(5) The business address of the individual who is being 
        registered as the agent for the service of process.
            ``(6) Contact information, including an email address and 
        phone number for the individual who is being registered as the 
        agent for the service of process.
            ``(7) The date on which the agent shall begin to accept 
        service of process under this section.
    ``(f) Website.--The information submitted to the Department of 
Commerce pursuant to this section shall be made available on a publicly 
accessible database on the website of the Department of Commerce.
    ``(g) Personal Jurisdiction.--A covered entity that registers an 
agent under this section thereby consents to the personal jurisdiction 
of the State or Federal courts of the State in which the registered 
agent is located for the purpose of any regulatory proceeding or civil 
action relating to such covered entity.
    ``(h) Definitions.--In this section:
            ``(1) Covered entity.--The term `covered entity' means--
                    ``(A) a corporation, partnership, association, 
                organization, or other combination of persons 
                established for the purpose of commercial activities; 
                or
                    ``(B) a trust or a fund established for the purpose 
                of commercial activities.
            ``(2) Department of commerce.--The term `Department of 
        Commerce' means the United States Department of Commerce.''.
    (b) Clerical Amendment.--The table of sections for chapter 190 of 
title 28, United States Code, is amended by adding at the end the 
following:

``5002. Registration of an agent for the service of process on covered 
                            entities.''.

SEC. 812. EXCEPTION TO SOVEREIGN IMMUNITY.

    Section 1603(b)(2) of title 28, United States Code, is amended by 
inserting ``except the People's Republic of China,'' after ``owned by a 
foreign state,''.

SEC. 813. REDRESS OF THEFT OF TRADE SECRETS EXTRATERRITORIALLY.

    Section 1836 of title 18, United States Code, is amended by adding 
at the end the following new subsection:
    ``(e) Applicability to Conduct Outside United States.--
Notwithstanding any other provision of law, this section shall apply to 
conduct occurring outside the United States and impacting United States 
commerce, including conduct by an offender who is--
            ``(1) not a United States person or an alien lawfully 
        admitted for permanent residence into the United States; or
            ``(2) an organization which is created or organized under 
        the laws of a foreign government or which has its principal 
        place of business located outside of the United States.''.

SEC. 814. RESTRICTION ON FEDERAL GRANTS AND OTHER FORMS OF ASSISTANCE.

    (a) Restriction.--
            (1) In general.--Notwithstanding any other provision of 
        law, the head of each Federal department or agency may not 
        provide grants, awards, or other forms of assistance, that is 
        currently authorized in law, to a United States business to 
        improve the resilience or competitiveness of a business unless 
        such business agrees that it:
                    (A) will not engage in expanded cooperation 
                activities with any Chinese entity, and
                    (B) will not expand its own activities within the 
                People's Republic of China (including Hong Kong and 
                Macau).
            (2) Ineligibility.--If a United States business that has 
        received a grant or other form of assistance described in 
        paragraph (1) engages in expanded cooperation activities with 
        any Chinese entity, or expands its own activities within the 
        People's Republic of China, such business--
                    (A) shall provide reimbursement to the Federal 
                Government in an amount equal to the amount of the 
                grant or other form of assistance; and
                    (B) shall be ineligible for any other grants or 
                other forms of assistance described in paragraph (1) 
                from any Federal department or agency.
    (b) Report.--The Secretary of the Treasury shall submit to Congress 
on an annual basis a report on investments made by United States 
businesses that receive grants or other forms of assistance described 
in subsection (a) in--
            (1) production in the People's Republic of China; and
            (2) production elsewhere by any Chinese entity.
    (c) Chinese Entity Defined.--In this section:
            (1) Chinese entity.--The term ``Chinese entity'' means any 
        entity organized under the laws of the People's Republic of 
        China or otherwise subject to the jurisdiction of the 
        Government of the People's Republic of China, and any entity 
        owned or controlled by the Government of the People's Republic 
        of China, or an entity subject to the jurisdiction of the 
        Government of the People's Republic of China.
            (2) Expanded cooperation activities.--The term ``expanded 
        cooperation activities'', with respect to a Chinese entity, 
        means investments in, exports of technology to, any activity 
        that provides capital, technology, or expertise to the entity, 
        or any other form of cooperation with, the entity.
    (d) Rule of Construction.--Nothing in this section shall be 
construed to authorize a new Federal grant or award program.

SEC. 815. RESTRICTION ON NATIONAL SCIENCE FOUNDATION GRANTS AND OTHER 
              FORMS OF ASSISTANCE TO COMMUNIST CHINESE MILITARY 
              COMPANIES AND THEIR AFFILIATES.

    (a) In General.--Notwithstanding any other provision of law, the 
Director of the National Science Foundation may not provide grants or 
other forms of assistance to any individual or entity that is 
affiliated or otherwise has a relationship, including but not limited 
to a research partnership, joint venture, or contract with--
            (1) an entity included on the list maintained and set forth 
        in Supplement No. 4 to part 744 of the Export Administration 
        Regulations;
            (2) a company on the list required by section 1237 of the 
        Strom Thurmond National Defense Authorization Act for Fiscal 
        Year 1999 (Public Law 105-261; 50 U.S.C. 1701 note), or 
        required by section 1260H of the Mac Thornberry National 
        Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
        283), or on the Non-SDN Chinese Military-Industrial Complex 
        Companies List (NS-CMIC List) or any successor list; or
            (3) any parent, subsidiary, affiliate of, or entity owned 
        by or controlled by, an entity described in (a)(1) and (a)(2).
    (b) Export Administration Regulations Defined.--In this section, 
the term ``Export Administration Regulations'' means the regulations 
set forth in subchapter C of chapter VII of title 15, Code of Federal 
Regulations, or successor regulations.

SEC. 816. EXPANDING INADMISSIBILITY ON SECURITY AND RELATED GROUNDS.

    (a) In General.--Section 212(a)(3)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(A)) is amended to read as follows:
                    ``(A) In general.--Any alien is inadmissible who a 
                consular officer or the Secretary of Homeland Security 
                knows, or has reasonable ground to believe--
                            ``(i) engages, has engaged, or will engage 
                        in any activity--
                                    ``(I) in violation of any law of 
                                the United States relating to espionage 
                                or sabotage; or
                                    ``(II) that would violate any law 
                                of the United States relating to 
                                espionage or sabotage if the activity 
                                occurred in the United States;
                            ``(ii) engages, has engaged, or will engage 
                        in any activity in violation or evasion of any 
                        law prohibiting the export from the United 
                        States of goods, technology, or sensitive 
                        information;
                            ``(iii) seeks to enter the United States to 
                        engage solely, principally, or incidentally in 
                        any other unlawful activity;
                            ``(iv) seeks to enter the United States to 
                        engage solely, principally, or incidentally in 
                        any activity a purpose of which is the 
                        opposition to, or the control or overthrow of, 
                        the Government of the United States by force, 
                        violence, or other unlawful means; or
                            ``(v) is the spouse or child of an alien 
                        who is inadmissible under this subparagraph, if 
                        the activity causing the alien to be found 
                        inadmissible occurred within the last 5 
                        years.''.
    (b) Waiver Authority.--Section 212(d)(3)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended--
            (1) by striking ``(3)(A)(i)(I), (3)(A)(ii),'' each place 
        such term appears; and
            (2) by inserting ``(3)(A)(iv),'' after ``(3)(A)(iii),'' 
        each place such term appears.

            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.

            (1) The Secretary of the Treasury shall instruct the United 
        States Governor of, and the United States Executive Director 
        at, the International Monetary Fund to use the voice and vote 
        of the United States to oppose any increase in the weight of 
        the Chinese renminbi in the basket of currencies used to 
        determine the value of Special Drawing Rights, unless the 
        Secretary of the Treasury has submitted to the Committee on 
        Financial Services of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs of the Senate 
        a written report which includes a certification that--
                    (A) the People's Republic of China is in compliance 
                with all its obligations under Article VIII of the 19 
                Articles of Agreement of the Fund;
                    (B) in the preceding 12 months, there has not been 
                a report submitted under section 3005 of the Omnibus 
                Trade and Competitiveness Act of 1988 or section 701 of 
                the Trade Facilitation and Trade Enforcement Act of 
                2015 in which the People's Republic of China has been 
                found to have manipulated its currency;
                    (C) the People's Republic of China has instituted 
                and is implementing the policies and practices 
                necessary to ensure that the renminbi is freely usable 
                (within the meaning of Article XXX(f) of the Articles 
                of Agreement of the Fund); and
                    (D) the People's Republic of China adheres to the 
                rules and principles of the Paris Club and the OECD 
                Arrangement on Officially Supported Export Credits.

SEC. 902. SUNSET.

    Section 901 shall have no force or effect beginning 10 years after 
the date of the enactment of this Act.

SEC. 903. STRENGTHENING CONGRESSIONAL OVERSIGHT OF SPECIAL DRAWING 
              RIGHTS AT THE IMF.

    Section 6 of the Special Drawing Rights Act (22 U.S.C. 286q) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``each basic period'' and inserting 
                ``any 10-year period''; and
                    (B) by inserting ``25 percent of'' before ``the 
                United States quota''; and
            (2) in subsection (b)--
                    (A) by inserting ``, or consent to or acquiesce in 
                such an allocation,'' before ``without consultations'';
                    (B) by striking ``90'' and inserting ``180''; and
                    (C) by inserting ``Chairman and ranking minority 
                members of'' before ``the appropriate subcommittees''.

SEC. 904. PROHIBITION ON ALLOCATIONS FOR PERPETRATORS OF GENOCIDE AND 
              STATE SPONSORS OF TERRORISM WITHOUT CONGRESSIONAL 
              AUTHORIZATION.

    Section 6(b) of the Special Drawing Rights Act (22 U.S.C. 286q(b)) 
is amended by adding at the end the following:
            ``(3) Unless Congress by law authorizes such action, 
        neither the President nor any person or agency shall on behalf 
        of the United States vote to allocate Special Drawing Rights 
        under article XVIII, sections 2 and 3, of the Articles of 
        Agreement of the Fund to a member country of the Fund, if the 
        President of the United States has found that the government of 
        the member country--
                    ``(A) has committed genocide at any time during the 
                10-year period ending with the date of the vote; or
                    ``(B) has repeatedly provided support for acts of 
                international terrorism.''.

SEC. 905. OPPOSITION TO QUOTA INCREASE FOR COUNTRIES THAT UNDERMINE IMF 
              PRINCIPLES.

    The Bretton Woods Agreements Act (22 U.S.C. 286-286zz) is amended--
            (1) by redesignating the 2nd section 73 (as added by 
        section 1901 of division P of Public Law 116-94) as section 74; 
        and
            (2) by adding at the end the following:

``SEC. 75. OPPOSITION TO QUOTA INCREASE FOR COUNTRIES THAT UNDERMINE 
              FUND PRINCIPLES.

    ``(a) In General.--Not less than 7 days before consideration of any 
proposal to increase the quota of a foreign member of the Fund that is 
one of the 10 largest shareholders in the Fund, the Secretary of the 
Treasury shall submit a report to the Committee on Financial Services 
of the House and the Committee on Foreign Relations of the Senate that 
determines whether the foreign member meets the following criteria:
            ``(1) The member is in compliance with all obligations set 
        forth in Article VIII of the Articles of Agreement of the Fund.
            ``(2) The member, in the preceding 12 months, was not found 
        to have manipulated its currency, as determined in a report 
        required by section 3005 of the Omnibus Trade and 
        Competitiveness Act of 1988 or section 701 of the Trade 
        Facilitation and Trade Enforcement Act of 2015.
            ``(3) In the case of a member whose currency is included in 
        the Special Drawing Rights basket of the Fund, the currency of 
        the member is freely usable (within the meaning of Article 
        XXX(f) of the Articles of Agreement of the Fund) and the 
        Secretary concurs with the determinations of the Fund described 
        in that Article, and, in the preceding 12 months, the member 
        has demonstrated its commitment to ensuring that its currency 
        is widely used and traded internationally.
            ``(4) The member is committed to the rules and principles 
        of the Paris Club.
    ``(b) Effect of Determination.--On determining that a member of the 
Fund has failed to meet any of the criteria set forth in subsection 
(a), the Secretary shall instruct the Governor of the Fund to use the 
voice and vote of the United States to oppose the proposal to increase 
the quota of the member in the Fund.
    ``(c) Waiver.--The President may waive subsection (b) with respect 
to a member of the Fund on reporting to the Committee on Financial 
Services of the House of Representatives and the Committee on Foreign 
Relations of the Senate that--
            ``(1) the waiver is important to the national interest of 
        the United States, with an explanation of the reasons therefor; 
        or
            ``(2) the member is attempting to rectify the failure, with 
        a description of the actions the member is taking to fulfill 
        any unmet criteria.
    ``(d) Prohibition.--Notwithstanding subsection (c), the Governor of 
the Fund may not use the voice or vote of the United States to support 
a proposal to increase the quota of a member in the Fund if the 
President of the United States determines that the government of the 
member interfered in a United States election for Federal office (as 
defined in section 301 of the Federal Election Campaign Act of 1971) in 
the 4 years preceding consideration of the proposal.
    ``(e) Proposal Consideration.--For the purposes of this section, 
consideration of a proposal to increase the quota of a foreign member 
of the Fund does not include consent to an amendment to the Articles of 
Agreement of the Fund that has been authorized by law.
    ``(f) Sunset.--This section shall cease to have force or effect 10 
years after the date of the enactment of this Act.''.

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.

    (a) In General.--Section 68(a) of the Bretton Woods Agreements Act 
(22 U.S.C. 286tt(a)) is amended--
            (1) in paragraph (2), by inserting after the comma the 
        following: ``or a staff analytical report of the Fund states 
        that there is not a high probability that the public debt of 
        the country is sustainable in the medium term,''; and
            (2) by adding at the end the following:
            ``(3) Waiver authority.--The Secretary of the Treasury may 
        waive paragraph (2) on a case-by-case basis if the Secretary 
        provides a written certification to the Committee on Financial 
        Services of the House of Representatives and the Committee on 
        Foreign Relations of the Senate that the waiver is important to 
        the national interest of the United States, and includes with 
        the certification a written statement of the reasons 
        therefor.''.
    (b) Sunset.--This section shall cease to have force or effect 10 
years after the date of the enactment of this Act.

SEC. 907. CONGRESSIONAL NOTIFICATION WITH RESPECT TO EXCEPTIONAL ACCESS 
              LENDING.

    (a) In General.--The Bretton Woods Agreements Act (22 U.S.C. 286-
286zz), as amended by section 2 of this Act, is amended by adding at 
the end the following:

``SEC. 76. CONGRESSIONAL NOTIFICATION WITH RESPECT TO EXCEPTIONAL 
              ACCESS LENDING.

    ``(a) In General.--The United States Executive Director at the 
International Monetary Fund may not support any proposal that would 
alter the criteria used by the Fund for exceptional access lending if 
the proposal would permit a country that is ineligible, before the 
proposed alteration, to receive exceptional access lending, unless, not 
later than 15 days before consideration of the proposal by the Board of 
Executive Directors of the Fund, the Secretary of the Treasury has 
submitted to the Committee on Financial Services of the House of 
Representatives and the Committee on Foreign Relations of the Senate a 
report on the justification for the proposal and the effects of the 
proposed alteration on moral hazard and repayment risk at the Fund.
    ``(b) Waiver.--The President may reduce the applicable notice 
period required under subsection (a) to not less than 7 days on 
reporting to the Committee on Financial Services of the House of 
Representatives and Committee on Foreign Relations of the Senate that 
the reduction is important to the national interest of the United 
States, with an explanation of the reasons therefor.''.
    (b) Sunset.--This section shall cease to have force or effect 10 
years after the date of the enactment of this Act.

SEC. 908. CONDITION ON IMF QUOTA INCREASE FOR THE PEOPLE'S REPUBLIC OF 
              CHINA.

    (a) In General.--The United States Governor of the International 
Monetary Fund (in this section referred to as the ``Fund'') shall use 
the voice and vote of the United States to oppose, and may not consent 
to, an increase in the quota of the People's Republic of China in the 
Fund, unless the Secretary of the Treasury reports to the Congress 
that--
            (1) the Board of Governors of the Fund is considering 
        admission of Taiwan as a member of the Fund, pursuant to the 
        recommendation of the Board of Executive Directors of the Fund; 
        or
            (2) Taiwan enjoys meaningful participation in the Fund, 
        including through--
                    (A) participation in regular surveillance 
                activities of the Fund with respect to the economic and 
                financial policies of Taiwan, consistent with Article 
                IV consultation procedures of the Fund;
                    (B) employment opportunities for Taiwan nationals, 
                without regard to any consideration that, in the 
                determination of the Secretary, does not generally 
                restrict the employment of nationals of member 
                countries of the Fund; and
                    (C) the ability to receive appropriate technical 
                assistance and training by the Fund.
    (b) Waiver.--The Secretary of the Treasury may waive subsection (a) 
of this section with respect to a proposal on reporting to the Congress 
that providing the waiver will substantially promote the objective of 
securing more equitable treatment of Taiwan at each international 
financial institution (as defined in section 1701(c)(2) of the 
International Financial Institutions Act).
    (c) Sunset.--This section shall have no force or effect beginning 
with the date that is 7 years after the date of the enactment of this 
Act.

SEC. 909. ENSURING NON-DISCRIMINATION WITH RESPECT TO TRAVEL POLICIES 
              AT THE INTERNATIONAL FINANCIAL INSTITUTIONS.

    (a) In General.--The Secretary shall instruct the United States 
Executive Director at each international financial institution to use 
the voice and vote of the United States to ensure that the travel 
policies and procedures of the respective institution with respect to 
Taiwan as a destination or transit point do not impose any 
administrative conditions, including through restrictions on logistical 
arrangements or meeting participants, that do not generally apply to a 
member country of the institution as a destination or transit point, 
except as required temporarily for reasons of public safety or public 
health.
    (b) Definitions.--In this section:
            (1) International financial institution.--The term 
        ``international financial institution'' has the meaning given 
        the term in section 1701(c)(2) of the International Financial 
        Institutions Act.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury.
    (c) Waiver.--The Secretary may waive subsection (a) with respect to 
an international financial institution for up to 1 year at a time on 
reporting to the Congress that providing the waiver--
            (1) will substantially promote the objective of securing 
        more equitable treatment of Taiwan at the international 
        financial institution; or
            (2) is in the national interest of the United States, with 
        a detailed explanation of the reasons therefor.
    (d) Progress Report.--The Chairman of the National Advisory Council 
on International Monetary and Financial Policies shall submit to the 
Congress an annual report that describes the progress made in advancing 
the travel policies and procedures described in subsection (a), and may 
consolidate that report with the annual report required by section 1701 
of the International Financial Institutions Act or any other report 
required to be submitted to the Secretary.
    (e) Sunset.--This section shall have no force or effect beginning 
with the earlier of--
            (1) the date that is 7 years after the date of the 
        enactment of this Act; or
            (2) the date on which the Secretary reports to the Congress 
        that each international financial institution has adopted the 
        travel policies and procedures described in subsection (a).

SEC. 910. TESTIMONY REQUIREMENT.

    In each of the next 7 years in which the Secretary of the Treasury 
is required by section 1705(b) of the International Financial 
Institutions Act to present testimony, the Secretary shall include in 
the testimony a description of the efforts of the United States to 
support the greatest participation practicable by Taiwan at each 
international financial institution (as defined in section 1701(c)(2) 
of such Act).

SEC. 911. STATEMENT OF UNITED STATES POLICY REGARDING THE DOLLAR.

    It is the policy of the United States to facilitate the position of 
the dollar as the primary global reserve currency, including through 
vigorous support of--
            (1) deep, open, and transparent financial markets;
            (2) continuous improvements to domestic and international 
        payment methods that facilitate dollar transactions;
            (3) sound macroeconomic governance and a rules-based system 
        of international trade; and
            (4) clear and realistic objectives in the deployment of 
        financial restrictions arising from national security 
        considerations.

SEC. 912. REPORT ON DOLLAR STRATEGY.

    (a) In General.--The Secretary of the Treasury (in this section 
referred to as the ``Secretary'') shall establish a strategy that 
implements the policy described in section 2.
    (b) Consultation.--The Secretary shall, as appropriate, consult 
with the Board of Governors of the Federal Reserve System when 
establishing the strategy pursuant to subsection (a).
    (c) Report.--Not later than 180 days after the date of the 
enactment of this section, the Secretary shall submit to the Committee 
on Financial Services of the House of Representatives and the Committee 
on Banking, Housing, and Urban Affairs of the Senate a report that 
describes--
            (1) the strategy established by the Secretary pursuant to 
        subsection (a);
            (2) key measures taken by the Secretary to implement the 
        strategy;
            (3) any legislative recommendations that would strengthen 
        the ability of the United States to advance the policy 
        described in section 2;
            (4) a description of efforts by major foreign central 
        banks, including the People's Bank of China, to create an 
        official digital currency, as well as any risks to the national 
        interest of the United States posed by such efforts;
            (5) the status of efforts to assess or develop an official 
        United States digital currency by the Board of Governors of the 
        Federal Reserve System; and
            (6) any implications for the strategy established by the 
        Secretary pursuant to subsection (a) arising from the relative 
        state of development of an official digital currency by the 
        United States and other nations, including the People's 
        Republic of China.
    (d) Renminbi Assessment.--The report described in subsection (c) 
shall--
            (1) evaluate the role of the renminbi in international 
        payments and foreign exchange reserves;
            (2) assess currency-related policies in China, including--
                    (A) the provision of Chinese government-backed 
                assets;
                    (B) the extension of credit abroad by the Chinese 
                government; and
                    (C) the development of cross-border payment systems 
                as tools to advance strategic objectives of the 
                government of the People's Republic of China; and
            (3) recommend policy options aimed at mitigating medium-
        term and long-term risks to the national interest of the United 
        States that may arise as a result of the internationalization 
        of the renminbi.
    (e) Annual Updates.--After submitting an initial report in 
accordance with subsection (c), the Secretary shall submit, to the 
Committee on Financial Services of the House of Representatives and the 
Committee on Banking, Housing, and Urban Affairs of the Senate, an 
updated version of such report each year.

SEC. 913. SUNSET.

    Section 912 shall have no force or effect after the date that is 7 
years after the date of the enactment of this Act.

                            TITLE X--OFFSETS

SEC. 1001. RESCISSION OF CERTAIN FEDERAL FUNDS APPROPRIATED FOR STATE, 
              CITY, LOCAL, AND TRIBAL GOVERNMENTS.

    Notwithstanding any other provision of law, the total amount of 
unobligated funds available under any of sections 601 through 603 of 
title VI of the Social Security Act are hereby permanently rescinded.

               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.

    The Secretary of the Treasury, acting through the Director of the 
Office of Foreign Assets Control, is authorized to hire an additional 
10 full-time employees to carry out activities of the Office associated 
with the People's Republic of China.

SEC. 1102. AUTHORIZATION OF APPROPRIATIONS FOR INDOPACOM UNFUNDED 
              PRIORITIES.

    There is authorized to be appropriated to the Department of Defense 
each of the following amounts for the purpose specified:
            (1) For the Guam Defense System, $231,700,000.
            (2) For the Mission Partner Environment, $84,540,000.
            (3) For the Pacific Multi-Domain Training and 
        Experimentation Capability, $114,410,000.
            (4) For Homeland Defense Radar-Hawaii, $75,000,000.
            (5) For Military Information Support Operations, 
        $28,000,000.
            (6) For Wargaming Analytical Tools (STORMBREAKER), 
        $88,000,000.
            (7) For the Joint Staff CE2T2/Joint Exercise Program, 
        $35,100,000.
            (8) For Critical Manpower Positions, $4,620,000.
            (9) For the Pacific Movement Coordination Center, $500,000.
            (10) For MILCON: Planning and Design, $68,200,000.
            (11) For Future Fusion Centers, $3,300,000.
            (12) For Building Partnership Capacity, $130,600,000.
            (13) For Enhanced ISR Augmentation, $41,000,000.

SEC. 1103. AUTHORIZATION TO HIRE ADDITIONAL STAFF FOR THE OFFICE OF 
              CUSTOMS AND BORDER PROTECTION FORCE LABOR ACTIVITIES.

    The Director of the Office of Trade is authorized to hire an 
additional 28 full time employees for carrying out section 307 of the 
Tariff Act of 1930 (19 U.S.C. 1307).

SEC. 1104. AUTHORIZATION FOR THE DEPARTMENT OF JUSTICE'S CHINA 
              INITIATIVE.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this section, the Attorney General shall establish an 
initiative to be known as the ``China Initiative'', which shall be 
carried out by Assistant Attorney General for National Security 
(hereinafter in this Act referred to as the ``AAGNS'') to counter and 
deter the wide range of national security threats posed by the policies 
and practices of the People's Republic of China (PRC) government.
    (b) Staff.--The Assistant Attorney General for National Security is 
authorized to direct employees assigned to the National Security 
Division of the Department of Justice to assist with the China 
Initiative and shall hire an additional 10 full-time employees to carry 
out activities of the China Initiative.
                                 <all>