Title: ECON Act
Policy area: International Affairs

Summary:
Economic and Commercial Opportunities and Networks Act of 2022 or the ECON Act
This bill addresses economic issues in foreign relations and intellectual property (IP) infringement.
The bill expands the criminal offense of trade secrets theft to include the unauthorized modifying or developing of a product in a way that would not be possible without another party's trade secret. This offense shall apply to non-U.S. conduct if the offender attempts to import the product into the United States.
Furthermore, the President may impose sanctions against a foreign person (individual or entity) that has committed a significant theft of IP belonging to a U.S. person. The President must also establish or designate a multiagency committee to (1) review petitions alleging such acts of IP theft, and (2) recommend whether to impose sanctions for the alleged theft.
The bill also prohibits foreign state-owned entities in international commerce from engaging in predatory pricing, defined in the bill as setting prices for a good below the average variable cost in a manner that may foreseeably harm competition. An injured party may sue in federal court. In deciding such cases, the court may consider the economic support and government subsidies provided by the entity's foreign state owner.
Furthermore, the Department of State must establish a pilot program to create economic defense response teams to provide targeted support for countries facing an urgent or specific coercive economic threat from a U.S. adversary. The State Department must establish another pilot program to assist developing partner countries with identifying trade barriers and facilitating trade.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4632 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4632

 To promote economic and commercial opportunities internationally, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2022

   Mr. Risch introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To promote economic and commercial opportunities internationally, and 
                          for other purposes.

    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 ``Economic and 
Commercial Opportunities and Networks Act of 2022'' or the ``ECON 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
     TITLE I--STRENGTHENING THE DEPARTMENT OF STATE ECONOMIC CORPS

Sec. 101. Duties of Foreign Service economic officers.
Sec. 102. Establishment of new award of excellence for economic 
                            officers.
Sec. 103. Report on chiefs of mission and deputy chiefs of mission by 
                            cone.
Sec. 104. Report on recruitment, retention, and promotion of Foreign 
                            Service economic officers.
Sec. 105. Mandate to revise Department of State metrics for successful 
                            economic and commercial diplomacy.
              TITLE II--UPPING AMERICA'S GAME IN THE FIELD

Sec. 201. Chief of Mission economic responsibilities.
Sec. 202. Direction to embassy deal teams.
Sec. 203. Establishment of a ``Deal Team of the Year'' award.
Sec. 204. Economic defense response teams.
            TITLE III--COOPERATING WITH ALLIES AND PARTNERS

Sec. 301. Investing in talent in Southeast Asia and the Pacific 
                            Islands.
Sec. 302. Regulatory exchanges with allies and partners.
Sec. 303. Infrastructure Transaction and Assistance Network.
Sec. 304. Digital Connectivity and Cybersecurity Partnership.
         TITLE IV--BOOSTING INTERNATIONAL TRADE AND INVESTMENT

Sec. 401. Pilot program to audit barriers to trade in developing 
                            partner countries.
Sec. 402. Promoting adoption of United Nations Convention on Assignment 
                            of Receivables in International Trade.
              TITLE V--COMBATING ANTI-COMPETITIVE BEHAVIOR

Sec. 501. Predatory pricing by entities owned, controlled, or directed 
                            by a foreign state.
Sec. 502. Expansion of offense of theft of trade secrets to include 
                            unauthorized development of products and 
                            digital articles.
Sec. 503. Review of petitions related to intellectual property theft 
                            and forced technology transfer.

     TITLE I--STRENGTHENING THE DEPARTMENT OF STATE ECONOMIC CORPS

SEC. 101. DUTIES OF FOREIGN SERVICE ECONOMIC OFFICERS.

    (a) In General.--Chapter 5 of title I of the Foreign Service Act of 
1980 (22 U.S.C. 3981 et seq.) is amended by adding at the end the 
following:

``SEC. 506. DUTIES OF ECONOMIC OFFICERS.

    ``(a) In General.--The Secretary of State shall direct the economic 
officers of the Foreign Service--
            ``(1) to negotiate agreements with foreign governments and 
        international organizations;
            ``(2) to inform the Washington, D.C., headquarters offices 
        of Federal agencies with respect to the positions of foreign 
        governments and international organizations in negotiations;
            ``(3) to advance and oversee--
                    ``(A) the routine implementation and maintenance of 
                economic and commercial agreements; and
                    ``(B) other initiatives in the countries to which 
                such officers are assigned related to improving 
                economic or commercial relations for the benefit of 
                United States persons, including businesses;
            ``(4) to identify, and help design and execute, in 
        consultation with other Federal agencies, United States 
        policies, programs, and initiatives, including capacity 
        building efforts, to advance policies of foreign governments 
        that improve local economic governance, market-based business 
        environments, and market access, increase trade and investment 
        opportunities, or provide a more level playing field for United 
        States persons, including with respect to--
                    ``(A) improving revenue collection;
                    ``(B) streamlining customs processes and improving 
                customs transparency and efficiency;
                    ``(C) improving regulatory management;
                    ``(D) improving procurement processes, including 
                facilitating transparency in tendering, bidding, and 
                contact negotiation;
                    ``(E) advancing intellectual property protections;
                    ``(F) eliminating anticompetitive subsidies and 
                improving the transparency of remaining subsidies;
                    ``(G) improving budget management and oversight; 
                and
                    ``(H) strengthening management of important 
                economic sectors;
            ``(5) to prioritize active support of economic and 
        commercial goals by United States persons abroad, in 
        conjunction with the United States and Foreign Commercial 
        Service (established by section 2301 of the Export Enhancement 
        Act of 1988 (15 U.S.C. 4721)), including by--
                    ``(A) providing United States persons with leads, 
                information on open tenders, and introductions to 
                relevant contacts within foreign countries;
                    ``(B) assisting United States persons in their 
                dealings with foreign governments and enterprises owned 
                by foreign governments;
                    ``(C) providing United States persons with 
                information and assistance in using all types of United 
                States Government support with respect to international 
                economic matters, including such support provided by 
                the Department of State, the Department of Commerce, 
                the Export-Import Bank of the United States, the United 
                States International Development Finance Corporation, 
                the Trade and Development Agency, the Department of 
                Agriculture, and the Department of the Treasury; and
                    ``(D) receiving feedback from United States persons 
                with respect to support described in subparagraph (C) 
                and reporting that feedback to the chief of mission and 
                to the headquarters of the Department of State;
            ``(6) to consult closely and regularly with the private 
        sector, as described in section 709 of the Championing American 
        Business through Diplomacy Act (22 U.S.C. 9905);
            ``(7) to identify and execute opportunities for the United 
        States to counter policies, initiatives, or activities by 
        authoritarian governments or enterprises affiliated with such 
        governments that are anticompetitive or undermine the 
        sovereignty or prosperity of the United States or a partner 
        country;
            ``(8) to identify and execute opportunities for the United 
        States in new and emerging areas of trade and investment, such 
        as digital trade and investment;
            ``(9) to monitor the development and implementation of 
        bilateral and multilateral economic agreements and provide 
        recommendations to the Secretary of State and the heads of 
        other relevant Federal agencies with respect to United States 
        actions and initiatives relating to those agreements;
            ``(10) to maintain complete and accurate records of the 
        performance measurements of the Department for economic and 
        commercial diplomacy activities, as directed by the chief of 
        mission and other senior officials of the Department;
            ``(11) to report on issues and developments with direct 
        relevance to United States economic and national security 
        interests, especially when accurate, reliable, timely, and 
        cost-effective information is unavailable from non-United 
        States Government sources; and
            ``(12) to coordinate all activities as necessary and 
        appropriate with counterparts in other agencies.
    ``(b) Regulatory Updates.--The Secretary of State shall update 
guidance in the Foreign Affairs Manual and other regulations and 
guidance as necessary to implement this section.
    ``(c) United States Person Defined.--In this section, the term 
`United States person' means--
            ``(1) a United States citizen or an alien lawfully admitted 
        for permanent residence to the United States; or
            ``(2) 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.''.
    (b) Clerical Amendment.--The table of contents for the Foreign 
Service Act of 1980 is amended by inserting after the item relating to 
section 505 the following:

``Sec. 506. Duties of economic officers.''.

SEC. 102. ESTABLISHMENT OF NEW AWARD OF EXCELLENCE FOR ECONOMIC 
              OFFICERS.

    Chapter 6 of the Foreign Service Act of 1980 (22 U.S.C. 4001 et 
seq.), is amended by adding at the end the following new section:

``SEC. 615. FOREIGN SERVICE AWARDS FOR OUTSTANDING CONTRIBUTIONS TO 
              UNITED STATES ECONOMIC AND COMMERCIAL DIPLOMACY.

    ``(a) Establishment.--The Secretary of State shall establish an 
award to recognize outstanding contributions to advancing United States 
interests in the areas of economic diplomacy or commercial diplomacy. 
The award shall be known as the `Congressional Award for High 
Achievement in Economic and Commercial Diplomacy'.
    ``(b) Award Content.--The recipients of this award shall receive--
            ``(1) a certificate signed by the Secretary of State;
            ``(2) a cash award of $15,000; and
            ``(3) in the case of Foreign Service employees, inclusion 
        in the next employee evaluation report; or
            ``(4) in the case of Civil Service employees, inclusion in 
        the next annual performance evaluation.
    ``(c) Eligibility.--The following individuals are eligible for an 
award under this section:
            ``(1) Economic officers in the Foreign Service with at 
        least three years of experience and one overseas posting with 
        responsibilities for United States economic and commercial 
        interests; and
            ``(2) Civil Service employees with at least three years of 
        experience and with direct responsibility for economic and 
        commercial matters.
    ``(d) Number of Awardees.--For each fiscal year, the Secretary of 
State shall award--
            ``(1) no fewer than 3 awards and no more than 5 awards to 
        members of the Foreign Service; and
            ``(2) no fewer than 3 award and no more than 5 awards to 
        Civil Service employees.
    ``(e) Criteria.--Selection for an award under this section shall be 
based on--
            ``(1) the employee playing a key or decisive role in the 
        establishment or improvement in an overseas market of free and 
        fair market practice or practices;
            ``(2) the employee playing a key or decisive role in 
        assisting a United States company to achieve a substantial 
        economic, commercial, or investment goal in an overseas market 
        or markets;
            ``(3) the employee playing a key or decisive role in the 
        expansion of trade or investment ties with another country or 
        countries;
            ``(4) the employee playing a key or decisive role in the 
        advancement of regional economic integration that has tangible 
        benefits for the United States economy;
            ``(5) the employee demonstrating excellence in advancing 
        United States interests and partnerships in the digital 
        economy;
            ``(6) the employee demonstrating excellence in advancing 
        United States interests and partnerships with respect to 
        infrastructure;
            ``(7) the employee demonstrating excellence in advancing 
        United States interests and partnerships with respect to 
        energy;
            ``(8) the employee advancing a concrete policy, action, or 
        initiative that counters authoritarian models of economic 
        governance or anti-competitive economic behavior that 
        undermines free markets; or
            ``(9) any combination of such criteria.
    ``(f) Restriction.--The Secretary of State shall not provide an 
award solely on the basis of an employee demonstrating excellence in 
one of the following activities:
            ``(1) Providing economic reporting through cables and via 
        other means.
            ``(2) Writing a Department report or reports on economic 
        matters.
    ``(g) Authorization of Appropriations.--For each of fiscal years 
2023 through 2030, there is authorized to be appropriated to the 
Department of State $150,000 for the purposes of providing cash awards 
to recipients of the award established under this section.
    ``(h) Transmission to Congress.--Not later than the end of the 
relevant fiscal year, the Secretary of State shall submit the following 
information to the appropriate congressional committees:
            ``(1) The name of each awardee.
            ``(2) The current position and Foreign Service or General 
        Schedule rank of each awardee.
            ``(3) A description of the basis on which each awardee 
        received the award.''.

SEC. 103. REPORT ON CHIEFS OF MISSION AND DEPUTY CHIEFS OF MISSION BY 
              CONE.

    (a) Report.--Not later than April 1, 2023, and annually thereafter 
for four years, the Secretary of State shall submit to the appropriate 
congressional committees a report that includes--
            (1) the Foreign Service cone of each current chief of 
        mission and deputy chief of mission (or whoever is acting in 
        the capacity of chief or deputy chief of mission if none is 
        present) for each United States embassy in which there is a 
        Foreign Service office filling either of those positions; and
            (2) the aggregated global data for chiefs of mission and 
        deputy chiefs of mission by cone.
    (b) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations of the Senate; and
            (2) the Committee on Foreign Affairs of the House of 
        Representatives.

SEC. 104. REPORT ON RECRUITMENT, RETENTION, AND PROMOTION OF FOREIGN 
              SERVICE ECONOMIC OFFICERS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
appropriate congressional committees a report on the recruitment, 
retention, and promotion of economic officers in the Foreign Service.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) An overview of the key challenges the Department of 
        State faces in recruiting individuals to serve as economic 
        officers in the Foreign Service.
            (2) An overview of the key challenges the Department faces 
        in retaining individuals serving as economic officers in the 
        Foreign Service, particularly at the level of GS-14 of the 
        General Schedule and higher.
            (3) An overview of the key challenges in recruiting and 
        retaining qualified individuals to serve in economic positions 
        in the civil service.
            (4) A comparison of promotion rates for economic officers 
        in the Foreign Service relative to other officers in the 
        Foreign Service.
            (5) An identification by region of hard-to-fill posts and 
        proposed incentives to improve staffing of economic officers in 
        the Foreign Service at such posts.
            (6) A summary and analysis of the factors that lead to the 
        promotion of economic officers in the Foreign Service.
            (7) A summary and analysis of the factors that lead to the 
        promotion of individuals serving in economic positions in the 
        civil service.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations and the Committee on 
        Appropriations of the Senate; and
            (2) the Committee on Foreign Affairs and the Committee on 
        Appropriations of the House of Representatives.

SEC. 105. MANDATE TO REVISE DEPARTMENT OF STATE METRICS FOR SUCCESSFUL 
              ECONOMIC AND COMMERCIAL DIPLOMACY.

    (a) Mandate To Revise Department of State Performance Measures for 
Economic and Commercial Diplomacy.--The Secretary of State, acting 
through the Under Secretary for Economic Growth, Energy, and the 
Environment, shall conduct a full review and revision of Department of 
State performance measures for economic and commercial diplomacy. The 
revision shall identify outcome-oriented, and not process-oriented, 
performance metrics, including metrics that--
            (1) measure how Department of State efforts advanced 
        specific economic and commercial objectives and led to 
        successes for the United States or other private sector actors 
        overseas; and
            (2) that focus on customer satisfaction with Department of 
        State services and assistance.
    (b) Plan for Ensuring Complete Data for Performance Measures.--As 
part of the review required under subsection (a), the Secretary of 
State shall include a plan for ensuring that the Department of State, 
both at main headquarters and at domestic and overseas posts, maintains 
and fully updates data on performance measures to ensure that 
Department of State leadership and the appropriate congressional 
committees can evaluate the extent to which the Department is advancing 
United States economic and commercial interests abroad through meeting 
performance targets.
    (c) Report on Private Sector Surveys.--The Secretary of State, 
acting through the Under Secretary for Economic Growth, Energy, and the 
Environment, shall prepare a report that lists and describes any and 
all methods through which the Department of State conducts surveys of 
the private sector to measure private sector satisfaction with 
assistance and services provided by the Department of State to advance 
private sector economic and commercial goals in foreign markets.
    (d) Transmission to Congress.--
            (1) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of State shall submit to 
        the appropriate congressional committees the revised 
        performance metrics required under subsection (b) and the 
        report required under subsection (d).
            (2) Briefing.--Not later than 30 days after the report 
        submissions required under paragraph (1), the Under Secretary 
        for Economic Growth, Energy, and the Environment shall brief 
        the appropriate congressional committees.
    (e) Appropriate Congressional Committees.--In this section, the 
term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations of the Senate; and
            (2) the Committee on Foreign Affairs of the House of 
        Representatives.

              TITLE II--UPPING AMERICA'S GAME IN THE FIELD

SEC. 201. CHIEF OF MISSION ECONOMIC RESPONSIBILITIES.

    Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) is 
amended by adding at the end the following new subsection:
    ``(e) Embassy Economic Team.--
            ``(1) Coordination and supervision responsibility.--The 
        Chief of Mission shall have responsibility for coordinating and 
        supervising the implementation of all United States economic 
        policy interests within the host country, among all United 
        States Government departments and agencies present in that 
        country.
            ``(2) Accountability.--The Chief of Mission shall be held 
        accountable for the performance of United States missions in 
        advancing United States economic policy interests within the 
        host country, including the activities and initiatives of all 
        United States Government departments and agencies present in 
        that country.
            ``(3) Mission economic team.--The Chief of Mission shall 
        form an economic team made up of appropriate embassy staff with 
        responsibility for--
                    ``(A) monitoring notable economic developments in 
                the host country; and
                    ``(B) developing plans and strategies for advancing 
                United States economic and commercial interests in the 
                host country including--
                            ``(i) tracking legislative, regulatory, 
                        judicial, and policy developments that could 
                        affect United States economic interests;
                            ``(ii) advocating for best practices with 
                        respect to policy and regulatory developments;
                            ``(iii) conducting a regular analysis of 
                        market systems, trends, prospects, and 
                        opportunities for value-addition, including 
                        risk assessments and constraints analyses of 
                        key sectors and of United States strategic 
                        competitiveness, and other reporting on 
                        commercial opportunities and investment 
                        climate; and
                            ``(iv) providing recommendations for 
                        responding to such developments that may 
                        adversely affect United States economic and 
                        commercial interests.''.

SEC. 202. DIRECTION TO EMBASSY DEAL TEAMS.

    (a) Purposes.--The purposes of deal teams at United States 
embassies and consulates are--
            (1) to promote a private sector-led approach to advance 
        economic growth and job creation, tailored as appropriate to 
        specific economic sectors and while advancing strategic 
        partnerships;
            (2) to prioritize efforts to identify commercial 
        opportunities, advocate for improvements in the business and 
        investment climate, engage and consult with private sector 
        partners, and report on such activities, in compliance with the 
        applicable requirements of the Championing American Business 
        Through Diplomacy Act of 2019 (title VII of division J of 
        Public Law 116-94; 22 U.S.C. 9901 et seq.);
            (3) to identify trade and investment opportunities for 
        United States companies in foreign markets, or assist with 
        existing trade and investment opportunities already identified 
        by United States companies, and deploy United States Government 
        economic and other tools to help such United States companies 
        to secure their objectives;
            (4) to identify and facilitate opportunities for entities 
        in a host country to increase exports to or investment in the 
        United States in order to grow two-way trade and investment;
            (5) to modernize, streamline, and improve access to 
        resources and services designed to promote increased trade and 
        investment opportunities;
            (6) to identify and secure United States or allied 
        government support, including through the Strategic 
        Infrastructure Fund authorized under section 303(c), of 
        strategic projects, including projects vulnerable to predatory 
        investment by an authoritarian country or entity in such 
        country, where support or investment serves an important United 
        States interest;
            (7) to coordinate across the United States Government to 
        ensure the appropriate and most effective use of United States 
        Government tools to support United States economic and 
        commercial objectives; and
            (8) to coordinate with the Central Deal Team located in the 
        United States on all these and other relevant matters.
    (b) Clarification.--A deal team may, but does not have to, consist 
of the same personnel as a mission economic team formed pursuant to 
subsection (d)(3) of section 207 of the Foreign Service Act of 1980 (22 
U.S.C. 3927), as added by section 201 of this Act.
    (c) Restrictions.--Deal teams may not provide support for, or 
assist a United States person with a transaction with, a government, or 
an entity owned or controlled by a government, if the Secretary of 
State has determined that the government--
            (1) has repeatedly provided support for acts of 
        international terrorism for purposes of--
                    (A) section 1754(c)(1)(A)(i) of the Export Control 
                Reform Act of 2018 (subtitle B of title XVII of Public 
                Law 115-232);
                    (B) section 620A(a) of the Foreign Assistance Act 
                of 1961 (22 U.S.C. 2371(a));
                    (C) section 40(d) of the Arms Export Control Act 
                (22 U.S.C. 2780(d)); or
                    (D) any other relevant provision of law; or
            (2) has engaged in a consistent pattern of gross violations 
        of internationally recognized human rights for purposes of 
        section 116(a) or 502B(a)(2) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2151n(a) and 2304(a)(2)) or any other relevant 
        provision of law.
    (d) Further Restrictions.--
            (1) Prohibition on support of sanctioned persons.--Deal 
        teams may not carry out activities prohibited under United 
        States sanctions laws or regulations, including dealings with 
        persons on the list of specially designated persons and blocked 
        persons maintained by the Office of Foreign Assets Control of 
        the Department of the Treasury, except to the extent otherwise 
        authorized by the Secretary of the Treasury or the Secretary of 
        State.
            (2) Prohibition on support of activities subject to 
        sanctions.--Any person receiving support from a deal team must 
        be in compliance with all United States sanctions laws and 
        regulations as a condition for receiving such assistance.
    (e) Chief of Mission Authority and Accountability.--The Chief of 
Mission is the designated leader of a deal team in a given partner 
country, and shall be held accountable for the performance and 
effectiveness of United States deal teams in that country.
    (f) Annual Guidance Cable.--Not later than January 31 each year, 
the Secretary of State shall send an All Diplomatic and Consular Posts 
(ALDAC) guidance cable on the role of deal teams that includes relevant 
and up-to-date information to enhance the effectiveness of deal teams 
in-country.
    (g) Additional Guidance Cables.--The requirement of an annual ALDAC 
shall not be construed to preclude the Secretary of State from sending 
other communications to overseas posts regarding deal teams.
    (h) Certification.--Not later than February 10 of each year, the 
Secretary of State shall certify to Congress that the cable required 
under subsection (f) was transmitted as an All Diplomatic and Consular 
Posts (ALDAC) cable, and shall provide a brief summary of the cable, 
including any major updates or changes compared with the prior annual 
guidance cable.
    (i) Report.--Concurrently with the certification required under 
subsection (h), the Secretary of State shall submit an unclassified 
report to the appropriate congressional committees on the activities, 
achievements, and failures of deal teams, which shall include--
            (1) a description of the nature and extent of coordination 
        among relevant Federal departments and agencies;
            (2) the dollar value of deals successfully completed by 
        deal teams, disaggregated by country;
            (3) the number of United States companies assisted by deal 
        teams who achieved their objectives;
            (4) the percentage of United States companies assisted by 
        deal teams who achieved their objectives;
            (5) a description of any exports to or investment into the 
        United States by partner countries facilitated by deal teams;
            (6) examples of successful investments, deals, or 
        transactions in the infrastructure, energy, and digital 
        sectors;
            (7) examples where deal team support prevented predatory 
        financing or other involvement by an authoritarian actor; and
            (8) examples of failures of deal teams to achieve stated 
        objectives, any lessons learned, and how deal teams will 
        improve based on those lessons learned.
    (j) Confidentiality of Information.--
            (1) In general.--In preparing the certification and the 
        report required under this section, the Secretary of State 
        shall protect from disclosure any proprietary information of a 
        United States person marked as business confidential 
        information, unless the person submitting the information--
                    (A) had notice, at the time of submission, that the 
                information would be released by; or
                    (B) subsequently consents to the release of the 
                information.
            (2) Treatment as trade secrets.--Proprietary information 
        obtained by the United States Government from a United States 
        person pursuant to the activities of deal teams shall be--
                    (A) considered to be trade secrets and commercial 
                or financial information (as those terms are used for 
                purposes of section 552b(c)(4) of title 5, United 
                States Code); and
                    (B) exempt from disclosure without the express 
                approval of the person.
    (k) Sunset.--The requirements under subsections (f) through (h) 
shall terminate five years after the date of the enactment of this Act.

SEC. 203. ESTABLISHMENT OF A ``DEAL TEAM OF THE YEAR'' AWARD.

    (a) Establishment.--The Secretary of State shall establish a new 
award to be awarded to one deal team per region at a United States 
mission annually to recognize outstanding achievements in supporting a 
United States company or companies pursuing commercial deals abroad or 
in identifying new deal prospects for United States companies. The 
award shall be known as the ``Deal Team of the Year Award''.
    (b) Award Content.--
            (1) Department of state.--Each member of a deal team 
        receiving an award pursuant to this section shall receive a 
        certificate that is signed by the Secretary of State and--
                    (A) in the case of a member of the Foreign Service, 
                is included in the next employee evaluation report; or
                    (B) in the case of a Civil Service employee, is 
                included in the next annual performance review.
            (2) Other federal agencies.--In the case of a United States 
        Government employee that is not employed by the Department of 
        State, the employing agency may determine whether to provide 
        the employee receiving an award under this section any 
        recognition or benefits in addition to those provided by the 
        Department of State.
    (c) Eligibility.--Any interagency economics team at a United States 
overseas mission under Chief of Mission authority that assists United 
States companies with identifying, navigating, and securing trade and 
investment opportunities in a foreign country, or that facilitates 
beneficial foreign investment into the United States is eligible for an 
award under this section.
    (d) Transmission to Congress.--Not later than the end of the 
relevant fiscal year, the Secretary of State shall submit the following 
information to the appropriate congressional committees:
            (1) The mission receiving the ``Deal Team of the Year 
        Award''.
            (2) The names and agencies of each awardee within the deal 
        team.
            (3) A detailed description of the reason the deal team 
        received the award.

SEC. 204. ECONOMIC DEFENSE RESPONSE TEAMS.

    (a) Pilot Program.--Not later than 180 days after the date of the 
enactment of this Act, the President, acting through the Secretary of 
State, who shall coordinate with other relevant Federal departments and 
agencies, shall develop and implement a pilot program for the creation 
of deployable economic defense response teams to help provide targeted 
assistance and support to a country subjected to an urgent or specific 
threat or use of coercive economic practices by an adversary of the 
United States. Such assistance and support may include the following 
activities:
            (1) Reducing the partner country's vulnerability to 
        coercive economic measures.
            (2) Minimizing the damage that such measures by an 
        adversary could cause to that country.
            (3) Identifying sectors most susceptible to coercive 
        economic behavior and providing suggested tools and strategies 
        for an action plan.
            (4) Implementing any bilateral or multilateral contingency 
        plans that may exist for responding to the threat or use of 
        such measures.
            (5) In coordination with the partner country, developing or 
        improving plans and strategies by the country for reducing 
        vulnerabilities and improving responses to such measures in the 
        future.
            (6) Assisting the partner country in addressing foreign 
        sovereign investment in infrastructure, the defense-industrial 
        base, digital sector, or other strategic sectors that may 
        undermine the partner country's sovereignty or harm United 
        States national interests.
            (7) Assisting the partner country in responding to specific 
        efforts from an adversary attempting to employ coercive 
        economic practices that undermine the partner country's 
        sovereignty, including efforts that undermine cybersecurity or 
        digital infrastructure of the partner country or initiatives 
        that introduce digital technologies in a manner that undermines 
        freedom, security, and sovereignty of the partner country or 
        its citizens.
            (8) Otherwise providing direct and relevant short-to-medium 
        term economic or other assistance from the United States and 
        marshalling other resources in support of effective responses 
        to coercive economic practices.
    (b) Institutional Support.--The pilot program required by 
subsection (a) should include the following elements:
            (1) Identification and designation of relevant personnel or 
        ongoing lines of effort within the United States Government 
        with expertise relevant to the objectives specified in 
        subsection (a), including personnel in--
                    (A) the Department of State, for overseeing the 
                economic defense response team's activities, engaging 
                with the partner country government and other 
                stakeholders, and other purposes relevant to advancing 
                the success of the mission of the economic defense 
                response team;
                    (B) the United States Agency for International 
                Development, for the purposes of providing technical 
                and other assistance, generally;
                    (C) the Department of the Treasury, for the 
                purposes of providing advisory support and assistance 
                on all financial matters and fiscal implications of the 
                crisis at hand;
                    (D) the Department of Commerce, for the purposes of 
                providing economic analysis and assistance in market 
                development relevant to the partner country's response 
                to the crisis at hand, technology security as 
                appropriate, and other matters that may be relevant;
                    (E) the Department of Energy, for the purposes of 
                providing advisory services and technical assistance 
                with respect to energy needs as affected by the crisis 
                at hand;
                    (F) the Department of Homeland Security, for the 
                purposes of providing assistance with respect to 
                digital and cybersecurity matters, and assisting in the 
                development of any contingency plans referred to in 
                paragraphs (3) and (6) of subsection (a) as 
                appropriate;
                    (G) the Department of Agriculture, for providing 
                advisory and other assistance with respect to 
                responding to coercive practices such as arbitrary 
                market closures that affect the partner country's 
                agricultural sector;
                    (H) the Office of the United States Trade 
                Representative with respect to providing support and 
                guidance on trade and investment matters;
                    (I) the Department of Defense with respect to 
                providing support or assistance on defense sector, 
                transportation infrastructure, and national security-
                sensitive technologies; and
                    (J) other Federal departments and agencies as 
                determined by the President.
            (2) Negotiation of memoranda of understanding, where 
        appropriate, with other United States Government components for 
        the provision of any relevant participating or detailed non-
        Department of State personnel identified under paragraph (1).
            (3) Negotiation of contracts, as appropriate, with private 
        sector representatives or other individuals with relevant 
        expertise to advance the objectives specified in subsection 
        (a).
            (4) Development within the United States Government of--
                    (A) appropriate training curricula for relevant 
                experts identified under paragraph (1) and for United 
                States diplomatic personnel in a country actually or 
                potentially threatened by coercive economic practices;
                    (B) operational procedures and appropriate 
                protocols for the rapid assembly of such experts into 
                one or more teams for deployment to a country actually 
                or potentially threatened by coercive economic 
                measures; and
                    (C) procedures for ensuring appropriate support for 
                such teams, including, as applicable, logistical 
                assistance, office space, information support, and 
                communications.
            (5) Clear direction to United States diplomatic missions on 
        the rapid and effective deployment of such teams, if necessary, 
        and the establishment of appropriate liaison relationships with 
        local public and private sector officials and entities.
    (c) Reports Required.--
            (1) Report on establishment.--Upon establishment of the 
        pilot program required by subsection (a), the Secretary of 
        State shall provide the appropriate committees of Congress with 
        a detailed report and briefing describing the pilot program, 
        the major elements of the program, the personnel and 
        institutions involved, and the degree to which the program 
        incorporates the elements described in subsection (a).
            (2) Follow-up report.--Not later than one year after the 
        report required by paragraph (1), the Secretary of State shall 
        provide the appropriate committees of Congress with a detailed 
        report and briefing describing the operations over the previous 
        year of the pilot program established pursuant to subsection 
        (a), as well as the Secretary's assessment of its performance 
        and suitability for becoming a permanent program.
            (3) Form.--Each report required under this subsection shall 
        be submitted in unclassified form, but may include a classified 
        annex.
    (d) Declaration of a Major Economic Threat Required.--
            (1) Notification.--The President may activate an economic 
        defense response team for a period of 180 days under the 
        authorities of this section to assist a partner country in 
        responding to an unusual and extraordinary economic coercive 
        threat by an adversary of the United States upon the 
        declaration of a coercive economic emergency, together with 
        notification to the Committee on Foreign Relations of the 
        Senate and the Committee on Foreign Affairs of the House of 
        Representatives.
            (2) Extension authority.--The President may activate the 
        response team for an additional 180 days upon the submission of 
        a detailed analysis to the committees described in paragraph 
        (1) justifying why the continued deployment of the economic 
        defense response team in response to the economic emergency is 
        in the national interests of the United States.
    (e) Sunset.--The authorities provided under this section shall 
expire on December 31, 2026.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated $20,000,000 for each of fiscal years 2023 through 2027.
    (g) Rule of Construction.--Neither the authority to declare an 
economic crisis provided for in subsection (d), nor the declaration of 
an economic crisis pursuant to subsection (d), shall confer or be 
construed to confer any authority, power, duty, or responsibility to 
the President other than the authority to activate an economic defense 
response team as described in this section.
    (h) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Foreign Relations, the Committee on 
        Banking, Housing, and Urban Affairs, the Committee on Commerce, 
        Science, and Transportation, the Committee on Energy and 
        Natural Resources, the Committee on Agriculture, Nutrition, and 
        Forestry, the Committee on Armed Services, and the Committee on 
        Finance of the Senate; and
            (2) the Committee on Foreign Affairs, the Committee on 
        Financial Services, the Committee on Energy and Commerce, the 
        Committee on Agriculture, the Committee on Armed Services, and 
        the Committee on Ways and Means of the House of 
        Representatives.

            TITLE III--COOPERATING WITH ALLIES AND PARTNERS

SEC. 301. INVESTING IN TALENT IN SOUTHEAST ASIA AND THE PACIFIC 
              ISLANDS.

    (a) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives.
            (2) Pacific islands.--The term ``Pacific Islands'' means 
        the nations of Federated States of Micronesia, Fiji, Kiribati, 
        Nauru, Palau, Papua New Guinea, Republic of Marshall Islands, 
        Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu.
            (3) Southeast asia.--The term ``Southeast Asia'' means the 
        nations of Brunei Darussalam, Cambodia, Indonesia, Lao PDR, 
        Malaysia, Myanmar, the Philippines, Singapore, Thailand, 
        Vietnam, and Timor-Leste.
    (b)  Establishment of Center of Excellence.--The Secretary, in 
coordination with the heads of relevant Federal departments and 
agencies, is authorized to enter into public-private partnerships and 
establish a center of excellence located in a Southeast Asian country 
to build and enhance the technical capacity of officials, emerging 
leaders, and other qualified persons from countries in Southeast Asia 
and the Pacific Islands.
    (c) Priority Areas for Technical Assistance and Capacity 
Building.--The center of excellence established under subsection (b) 
will provide technical assistance and capacity building in the 
following areas:
            (1) Revenue, customs, and income.
            (2) Regulatory management.
            (3) Procurement processes, including tendering, bidding, 
        and contract negotiation.
            (4) Budget management and oversight.
            (5) Management of key economic sectors, including energy, 
        digital economy, and infrastructure.
    (d)  Terms and Conditions.--The program authorized under this 
section shall--
            (1) leverage existing United States foreign assistance 
        programs and activities in Southeast Asia and the Pacific 
        Islands, which may include assistance provided under--
                    (A) future leaders initiatives, such as the Young 
                Southeast Asia Leaders Initiative and the Young Pacific 
                Leaders Program;
                    (B) the American Schools and Hospitals Abroad Act 
                (22 U.S.C. 2174);
                    (C) the Millennium Challenge Act of 2003 (22 U.S.C. 
                7701);
                    (D) U.S.-Support for Economic Growth in Asia (US-
                SEGA); and
                    (E) other relevant education or scholarship 
                programs;
            (2) be supported by instructors that--
                    (A)(i) currently serve in relevant areas of the 
                United States Government with a rank of not less than 
                12 on the GS scale; or
                    (ii) possess at least ten years of experience 
                relevant to the areas of instruction identified in 
                subsection (c);
                    (B) meet high professional standards within their 
                fields; and
                    (C) are contracted by the center of excellence 
                established under subsection (b) or are deployed or 
                detailed directly from a Federal Government agency;
            (3) seek to attract participants who--
                    (A)(i) are currently senior or mid-career officials 
                in key technical ministries of participating countries 
                in Southeast Asia or the Pacific Islands;
                    (ii) have demonstrated leadership potential and 
                direct responsibility for crafting or implementing 
                policies relevant to the areas of instruction 
                identified in subsection (c); and
                    (iii) commit to return to government service for a 
                period of not less than five years after completing the 
                program outlined in this section; or
                    (B) are currently employed in utilities, publicly 
                or privately owned companies, or other nongovernment 
                entities with direct responsibility for crafting or 
                implementing policies relevant to the areas of 
                instruction identified in subsection (c); and
            (4) require financial or in-kind contributions from 
        participating governments, commensurate with the gross domestic 
        product of the countries.
    (e) Authorization To Enter Into Memoranda of Understanding.--To 
fulfill the terms and conditions specified by subsection (d), the 
Secretary of State is authorized to enter into memoranda of 
understanding with participating governments to determine what 
financial or in-kind contributions will be made by the United States 
and what financial or in-kind contributions will be made by the 
participating government.
    (f) Specification for Memoranda of Understanding.--The value of 
financial or in-kind contributions by the United States and a 
particular participating government shall be determined and audited by 
an independent entity chosen by mutual agreement of the United States 
and such government.
    (g) Consultation and Reporting Requirements.--
            (1) Consultation.--The Secretary shall consult with the 
        appropriate congressional committees prior to the obligation of 
        funds authorized to be appropriated under this Act.
            (2) Consultation on expansion outside southeast asia and 
        the pacific islands.--The Secretary shall consult with the 
        appropriate congressional committees prior to expanding the 
        availability of this program to nations outside of Southeast 
        Asia and the Pacific Islands.
            (3) Annual report.--The Secretary shall submit to the 
        appropriate congressional committees an annual report on the 
        activities of the program authorized under this subsection 
        through fiscal year 2025. The report shall include--
                    (A) a description of all major activities in the 
                previous year;
                    (B) a description of the financial and other 
                contributions of the United States Government;
                    (C) a description of the contributions made by 
                governments in Southeast Asia or the Pacific Islands;
                    (D) an assessment of the program's successes; and
                    (E) an assessment of any required authorities, 
                funding, or other alterations to improve the program's 
                effectiveness.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated $15,000,000 for each of fiscal years 2023 through 2027 to 
carry out this section.

SEC. 302. REGULATORY EXCHANGES WITH ALLIES AND PARTNERS.

    (a) In General.--The Secretary of State, in coordination with the 
heads of other participating Federal agencies, shall establish and 
develop a program to facilitate and encourage regular dialogues between 
United States Government regulatory and technical agencies and their 
counterpart organizations in allied and partner countries, both 
bilaterally and in relevant multilateral institutions and 
organizations--
            (1) to promote best practices in regulatory formation and 
        implementation;
            (2) to collaborate to achieve optimal regulatory outcomes 
        based on scientific, technical, and other relevant principles;
            (3) to seek better harmonization and alignment of 
        regulations and regulatory practices;
            (4) to build consensus around industry and technical 
        standards in emerging sectors that will drive future global 
        economic growth and commerce; and
            (5) to promote United States standards regarding 
        environmental, labor, and other relevant protections in 
        regulatory formation and implementation, in keeping with the 
        values of free and open societies, including the rule of law.
    (b) Prioritization of Activities.--In facilitating expert exchanges 
under subsection (a), the Secretary shall prioritize--
            (1) bilateral coordination and collaboration with countries 
        where greater regulatory coherence, harmonization of standards, 
        or communication and dialogue between technical agencies is 
        achievable and best advances the economic and national security 
        interests of the United States;
            (2) multilateral coordination and collaboration where 
        greater regulatory coherence, harmonization of standards, or 
        dialogue on other relevant regulatory matters is achievable and 
        best advances the economic and national security interests of 
        the United States, including with--
                    (A) the European Union;
                    (B) the Asia-Pacific Economic Cooperation;
                    (C) the Association of Southeast Asian Nations 
                (ASEAN);
                    (D) the Organization for Economic Cooperation and 
                Development (OECD); and
                    (E) multilateral development banks; and
            (3) regulatory practices and standards-setting bodies 
        focused on key economic sectors and emerging technologies.
    (c) Participation by Nongovernmental Entities.--With regard to the 
program described in subsection (a), the Secretary of State may 
facilitate, including through the use of amounts appropriated pursuant 
to subsection (e), the participation of private sector representatives, 
and other relevant organizations and individuals with relevant 
expertise, as appropriate and to the extent that such participation 
advances the goals of such program.
    (d) Delegation of Authority by the Secretary.--The Secretary of 
State is authorized to delegate the responsibilities described in this 
section to the Under Secretary of State for Economic Growth, Energy, 
and the Environment.
    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated 
        $2,500,000 for each of fiscal years 2022 through 2026 to carry 
        out this section.
            (2) Use of funds.--The Secretary may make available amounts 
        appropriated pursuant to paragraph (1) in a manner that--
                    (A) facilitates participation by representatives 
                from technical agencies within the United States 
                Government and their counterparts; and
                    (B) complies with applicable procedural 
                requirements under the State Department Basic 
                Authorities Act of 1956 (22 U.S.C. 2651a et seq.) and 
                the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
                seq.).

SEC. 303. INFRASTRUCTURE TRANSACTION AND ASSISTANCE NETWORK.

    (a) Authority.--The Secretary of State is authorized to establish 
an initiative, to be known as the ``Infrastructure Transaction and 
Assistance Network'', under which the Secretary of State, in 
consultation with other relevant Federal agencies, may carry out 
various programs to advance the development of sustainable, 
transparent, and high-quality infrastructure in the Indo-Pacific region 
by--
            (1) strengthening capacity-building programs to improve 
        project evaluation processes, regulatory and procurement 
        environments, and project preparation capacity of countries 
        that are partners of the United States in such development;
            (2) providing transaction advisory services and project 
        preparation assistance to support sustainable infrastructure; 
        and
            (3) coordinating the provision of United States assistance 
        for the development of infrastructure, including infrastructure 
        that utilizes United States-manufactured goods and services, 
        and catalyzing investment led by the private sector.
    (b) Transaction Advisory Fund.--As part of the ``Infrastructure 
Transaction and Assistance Network'' described under subsection (a), 
the Secretary of State is authorized to provide support, including 
through the Transaction Advisory Fund, for advisory services to help 
boost the capacity of partner countries to evaluate contracts and 
assess financial, environmental, or other relevant impacts of potential 
infrastructure projects, including through providing services such as--
            (1) legal services;
            (2) project preparation and feasibility studies;
            (3) debt sustainability analyses;
            (4) bid or proposal evaluation; and
            (5) other services relevant to advancing the development of 
        sustainable, transparent, and high-quality infrastructure.
    (c) Strategic Infrastructure Fund.--
            (1) In general.--As part of the ``Infrastructure 
        Transaction and Assistance Network'' described under subsection 
        (a), the Secretary of State is authorized to provide support, 
        including through the Strategic Infrastructure Fund, for 
        technical assistance, project preparation, pipeline 
        development, and other infrastructure project support.
            (2) Joint infrastructure projects.--Funds authorized for 
        the Strategic Infrastructure Fund should be used in 
        coordination with the Department of Defense, the International 
        Development Finance Corporation, like-minded donor partners, 
        and multilateral banks, as appropriate, to support joint 
        infrastructure projects in the Indo-Pacific region.
            (3) Strategic infrastructure projects.--Funds authorized 
        for the Strategic Infrastructure Fund should be used to support 
        strategic infrastructure projects that are in the national 
        security interest of the United States and vulnerable to 
        strategic competitors.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated, for each of fiscal years 2022 to 2026, $75,000,000 to the 
Infrastructure Transaction and Assistance Network, of which $20,000,000 
is to be provided for the Transaction Advisory Fund.

SEC. 304. DIGITAL CONNECTIVITY AND CYBERSECURITY PARTNERSHIP.

    (a) Digital Connectivity and Cybersecurity Partnership.--The 
Secretary of State is authorized to establish a program, to be known as 
the ``Digital Connectivity and Cybersecurity Partnership'' to help 
foreign countries--
            (1) expand and increase secure internet access and digital 
        infrastructure in emerging markets;
            (2) protect technological assets, including data;
            (3) adopt policies and regulatory positions that foster and 
        encourage open, interoperable, reliable, and secure internet, 
        the free flow of data, multi-stakeholder models of internet 
        governance, and pro-competitive and secure information and 
        communications technology (ICT) policies and regulations;
            (4) promote exports of United States ICT goods and services 
        and increase United States company market share in target 
        markets;
            (5) promote the diversification of ICT goods and supply 
        chain services to be less reliant on imports from the People's 
        Republic of China; and
            (6) build cybersecurity capacity, expand interoperability, 
        and promote best practices for a national approach to 
        cybersecurity.
    (b) Implementation Plan.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of State shall submit to the 
appropriate committees of Congress an implementation plan for the 
coming year to advance the goals identified in subsection (a).
    (c) Consultation.--In developing the action plan required by 
subsection (b), the Secretary of State shall consult with--
            (1) the appropriate congressional committees;
            (2) leaders of the United States industry;
            (3) other relevant technology experts, including the Open 
        Technology Fund;
            (4) representatives from relevant United States Government 
        agencies; and
            (5) representatives from like-minded allies and partners.
    (d) Briefing Requirement.--Not later than 180 days after the date 
of the enactment of this Act, and annually thereafter for five years, 
the Secretary of State shall provide the appropriate congressional 
committees a briefing on the implementation of the plan required by 
subsection (b).
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated $100,000,000 for each of fiscal years 2022 through 2026 to 
carry out this section.

         TITLE IV--BOOSTING INTERNATIONAL TRADE AND INVESTMENT

SEC. 401. PILOT PROGRAM TO AUDIT BARRIERS TO TRADE IN DEVELOPING 
              PARTNER COUNTRIES.

    (a) Establishment.--The Secretary of State shall establish a pilot 
program--
            (1) to identify and evaluate barriers to trade and 
        investment in developing countries that are partners of the 
        United States; and
            (2) to provide assistance relating to trade capacity 
        building and trade facilitation to those countries.
    (b) Purposes.--Under the pilot program established under subsection 
(a), the Secretary shall, in partnership with the countries selected 
under subsection (c)(1) to participate in the pilot program--
            (1) identify barriers in those countries to enhancing 
        international trade and investment with the goal of setting 
        priorities for the efficient use of United States trade-related 
        assistance;
            (2) focus United States trade-related assistance on 
        building self-sustaining institutional capacity for expanding 
        international trade in those countries, consistent with 
        international obligations and commitments; and
            (3) further the national interests of the United States 
        by--
                    (A) expanding prosperity through the elimination of 
                foreign barriers to trade and investment;
                    (B) assisting the countries selected under 
                subsection (c)(1) to identify and reduce barriers to--
                            (i) the movement of goods in international 
                        commerce; and
                            (ii) foreign investment;
                    (C) assisting those countries in undertaking 
                reforms that will encourage economic engagement and 
                sustainable development; and
                    (D) assisting private sector entities in those 
                countries to engage in reform efforts and enhance 
                productive global supply chain partnerships with the 
                United States and allies and partners of the United 
                States.
    (c) Selection of Countries.--
            (1) In general.--The Secretary shall select countries for 
        participation in the pilot program under subsection (a) from 
        among countries--
                    (A) that are developing countries and partners of 
                the United States;
                    (B) the governments of which have clearly 
                demonstrated a willingness to make appropriate legal, 
                policy, and regulatory reforms by adopting 
                internationally recognized best practices that are 
                proven to stimulate economic growth and job creation, 
                consistent with international trade rules and 
                practices; and
                    (C) that meet such additional criteria as may be 
                established jointly by the Secretary and the 
                Administrator of the United States Agency for 
                International Development.
            (2) Considerations for additional criteria.--In 
        establishing additional criteria under paragraph (1)(C), the 
        Secretary and the Administrator shall--
                    (A) identify and address structural weaknesses, 
                systemic flaws, or other impediments within countries 
                that may be considered for participation in the pilot 
                program under subsection (a) that impact the 
                effectiveness of United States trade-related assistance 
                and make recommendations for addressing those 
                weaknesses, flaws, and impediments;
                    (B) set priorities for trade capacity building to 
                focus resources on countries where the provision of 
                trade-related assistance can deliver the best value in 
                identifying and eliminating barriers to trade and 
                investment, including by fostering adherence to 
                international trade obligations; and
                    (C) developing appropriate performance measures and 
                establishing annual targets to monitor and assess 
                progress toward those targets, including measures to be 
                used to terminate the provision of assistance 
                determined to be ineffective.
            (3) Number and deadline for selections.--
                    (A) In general.--Not later than 270 days after the 
                date of the enactment of this Act, and annually 
                thereafter, the Secretary, with the concurrence of the 
                United States Trade Representative and the 
                Administrator, shall select countries under paragraph 
                (1) for participation in the pilot program under 
                subsection (a).
                    (B) Number.--The Secretary shall select for 
                participation in the pilot program under subsection 
                (a)--
                            (i) not fewer than 5 countries during the 
                        one-year period beginning on the date of the 
                        enactment of this Act; and
                            (ii) not fewer than 15 countries during the 
                        5-year period beginning on such date of 
                        enactment.
            (4) Prioritization based on recommendations from chiefs of 
        mission.--In selecting countries under paragraph (1) for 
        participation in the pilot program under subsection (a), the 
        Secretary, with the concurrence of the Trade Representative and 
        the Administrator, shall prioritize countries recommended by 
        chiefs of mission that--
                    (A) will be able to substantially benefit from 
                expanded United States trade-related assistance; and
                    (B) the governments of which have demonstrated the 
                political will to effectively and sustainably implement 
                such assistance.
    (d) Evaluation of Areas of Cooperation.--In carrying out the pilot 
program established under subsection (a), the Secretary of State shall 
use the principal trade negotiating objectives set forth in section 
102(b) of the Bipartisan Congressional Trade Priorities and 
Accountability Act of 2015 (19 U.S.C. 4201(b)) to determine areas of 
cooperation with a country selected under subsection (c)(1) to 
participate in the pilot program.
    (e) Plans of Action.--
            (1) In general.--The Administrator, in coordination with 
        the Secretary, shall lead efforts to engage relevant officials 
        of each country selected under subsection (c)(1) to participate 
        in the pilot program under subsection (a) with respect to the 
        development of a plan of action to promote conditions favorable 
        for business and commercial development and economic and job 
        growth in the country.
            (2) Analysis required.--The development of a plan of action 
        under paragraph (1) shall include a comprehensive analysis of 
        relevant legal, policy, and regulatory constraints to economic 
        and job growth in that country.
            (3) Elements.--A plan of action developed under paragraph 
        (1) for a country shall include the following:
                    (A) Priorities for reform agreed to by the 
                government of that country and the United States.
                    (B) Clearly defined policy responses, including 
                regulatory and legal reforms, as necessary, to achieve 
                improvement in the business and commercial environment 
                in the country.
                    (C) Identification of the anticipated costs to 
                establish and implement the plan.
                    (D) Identification of appropriate sequencing and 
                phasing of implementation of the plan to create 
                cumulative benefits, as appropriate.
                    (E) Identification of best practices and standards.
                    (F) Considerations with respect to how to make the 
                policy reform investments under the plan long-lasting.
                    (G) Appropriate consultation with affected 
                stakeholders in that country and in the United States.
    (f) Termination.--The pilot program established under subsection 
(a) shall terminate on the date that is 5 years after the date of the 
enactment of this Act.

SEC. 402. PROMOTING ADOPTION OF UNITED NATIONS CONVENTION ON ASSIGNMENT 
              OF RECEIVABLES IN INTERNATIONAL TRADE.

    (a) Findings.--Congress makes the following findings:
            (1) The United Nations Convention on the Assignment of 
        Receivables in International Trade, done at New York December 
        12, 2001, and signed by the United States on December 30, 2003 
        (in this section referred to as the ``Convention''), 
        establishes uniform international rules governing a form of 
        financing widely used in the United States involving the 
        assignment of receivables.
            (2) Receivables financing is an important tool in helping 
        United States businesses secure working capital financing. 
        Within the United States, lenders and buyers of receivables 
        provide financing based on the use of receivables from debtors 
        located within the United States as working capital collateral.
            (3) Receivables financing occurs in transactions in which 
        businesses either sell their rights to payments from their 
        customers (known as ``receivables'') to a bank or other 
        financial institution, or use their rights to those payments as 
        collateral for a loan from a lender. The businesses selling or 
        using their receivables as collateral are referred to as 
        ``assignors'' and buyers and lenders are referred to as 
        ``assignees''.
            (4) Many countries, however, do not have the kinds of 
        modern commercial finance laws on the assignment of receivables 
        required to implement the Convention.
            (5) United States-based lenders are less willing to make 
        loans secured by receivables owed by debtors located outside 
        the United States, as such cross-border transactions may 
        involve countries the laws of which are inconsistent with 
        modern financial practices.
            (6) Because of the risk, cost, and uncertainty created by 
        receivables financing laws in other countries, which vary 
        greatly or can be vague or unpredictable, the ability of small 
        and medium-sized United States businesses to access financing 
        from lenders using international accounts receivables derived 
        from exports or other cross-border transactions is severely 
        limited.
            (7) Expanded access to receivables financing in 
        international trade, which the Convention would promote, will 
        provide United States businesses with an additional source of 
        capital at no cost to the United States taxpayer, benefitting 
        small and medium-sized businesses that use receivables 
        financing.
            (8) The Convention is consistent with article 9 of the 
        United States Uniform Commercial Code, as adopted by all 50 
        States, the District of Columbia, and the territories of Puerto 
        Rico and the Virgin Islands.
            (9) The Convention includes extensive rules on the use of 
        receivables to finance operations, using receivables as 
        collateral, and how to resolve potential conflicts of law 
        arising from the use of receivables.
            (10) Adoption of the Convention would establish more 
        predictability and uniformity with respect to receivables 
        financing in cross-border transactions, thereby opening up new 
        opportunities for trade and economic growth between the United 
        States and its partners in the developing world.
            (11) The Senate consented to ratification of the Convention 
        in January 2019.
            (12) The President ratified the Convention in October 2019.
    (b) Sense of the Senate.--It is the sense of the Senate that the 
Secretary of State should, in the regular course of economic dialogues 
with developing countries that are partners of the United States, 
promote the adoption and implementation of the Convention as an 
important tool--
            (1) to help attract foreign investment to and trade with 
        such countries; and
            (2) to establish a predictable, rules-based framework that 
        can help such countries create additional sources of capital at 
        no cost, benefitting small and medium-sized businesses that use 
        receivables financing.

              TITLE V--COMBATING ANTI-COMPETITIVE BEHAVIOR

SEC. 501. PREDATORY PRICING BY ENTITIES OWNED, CONTROLLED, OR DIRECTED 
              BY A FOREIGN STATE.

    (a) Prohibited Acts.--
            (1) In general.--No entity owned, controlled, or directed 
        by a foreign state or an agent or instrumentality of a foreign 
        state (as defined in section 1603 of title 28, United States 
        Code) and participating in international commerce may establish 
        or set prices below the average variable cost in a manner that 
        may foreseeably harm competition.
            (2) Economic support.--In determining the average variable 
        cost under paragraph (1), the court may take into account the 
        effects of economic support provided by the owning or 
        controlling foreign state to the entity on a discriminatory 
        basis that may allow the entity to unfairly price at or below 
        marginal cost.
            (3) Government subsidies.--In determining the 
        foreseeability of the elimination of market competitors under 
        paragraph (1), the court may take into account the aggravating 
        factor of the actions of the foreign state owning or 
        controlling the entity referred to in such paragraph to use 
        government resources to subsidize or underwrite the losses of 
        the entity in a manner that allows the entity to sustain the 
        predatory period and recoup its losses.
            (4) Market power not required.--For the purpose of 
        establishing the elements of (a)(1), the plaintiff shall not be 
        required to demonstrate that the defendant has monopoly or 
        market power.
    (b) Recovery of Damages.--Any person (as defined in section 1(a) of 
the Clayton Act (15 U.S.C. 12(a)) whose business or property is injured 
as a result of the actions of an entity described in subsection (a) 
shall be entitled to recovery from the defendant for damages and other 
related costs under section 4 of such Act (15 U.S.C. 15).
    (c) Elements of Prima Facie Case.--A plaintiff may initiate a claim 
against a defendant in an appropriate Federal court for a violation of 
subsection (a) in order to recover damages under subsection (b) by--
            (1) establishing, by a preponderance of the evidence, that 
        the defendant--
                    (A) is a foreign state or an agency or 
                instrumentality of a foreign state (as defined in 
                section 1603 of title 28, United States Code); and
                    (B) is not immune from the jurisdiction of the 
                Federal court pursuant to section 1605(a)(2) of title 
                28, United States Code; and
            (2) setting forth sufficient evidence to establish a 
        reasonable inference that the defendant has violated subsection 
        (a).
    (d) Court Determination Leading to Evidentiary Burden Shifting to 
Defendant.--If a Federal court finds that a plaintiff has met its 
burden of proof under subsection (c), the court may determine that--
            (1) the plaintiff has established a prima facie case that 
        the conduct of the defendant is in violation of subsection (a); 
        and
            (2) the defendant has the burden of rebutting such case by 
        establishing that the defendant is not in violation of 
        subsection (a).
    (e) Filing of Amicus Briefs by the Department of State and 
Department of Justice Regarding International Comity and Harm to 
Competition.--
            (1) In general.--For the purposes of considering questions 
        of international comity with respect to making decisions 
        regarding commercial activity and the scope of applicable 
        sovereign immunity, the Federal court may receive and consider 
        relevant amicus briefs filed by the Secretary of State.
            (2) Attorney general.--For the purposes of considering 
        questions regarding assessing potential harm to competition, 
        the Federal court may receive and consider relevant amicus 
        briefs filed by the Attorney General.
            (3) Savings provision.--Nothing in paragraph (1) may be 
        construed to limit the ability of the Federal court to receive 
        and consider any other amicus briefs.

SEC. 502. EXPANSION OF OFFENSE OF THEFT OF TRADE SECRETS TO INCLUDE 
              UNAUTHORIZED DEVELOPMENT OF PRODUCTS AND DIGITAL 
              ARTICLES.

    (a) In General.--Section 1832(a) of title 18, United States Code, 
is amended--
            (1) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), respectively;
            (2) by inserting after paragraph (3) the following:
            ``(4) without authorization modifies or develops a product 
        or digital article that could not have been modified or 
        developed in the same way without access to such 
        information;''; and
            (3) in paragraphs (5) and (6), as redesignated by paragraph 
        (1), by striking ``through (3)'' and inserting ``through (4)''.
    (b) Applicability to Conduct Outside the United States.--Section 
1837 of title 18, United States Code, is amended--
            (1) in paragraph (1), by striking ``; or'' and inserting a 
        semicolon;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(3) in the case of a violation of section 1832(a)(4), the 
        offender attempts to import a product or digital article 
        described in that section into the United States.''.
    (c) Definitions.--Section 1839 of title 18, United States Code, is 
amended--
            (1) in paragraph (3), in the matter preceding subparagraph 
        (A), by inserting ``data,'' after ``programs,'';
            (2) in paragraph (6)(B), by striking ``; and'' and 
        inserting a semicolon;
            (3) in paragraph (7), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(8) the term `digital article' means an algorithm, 
        digitized process, or database, or any other electronic 
        technology that generates, stores, or processes data.''.

SEC. 503. REVIEW OF PETITIONS RELATED TO INTELLECTUAL PROPERTY THEFT 
              AND FORCED TECHNOLOGY TRANSFER.

    (a) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations, the 
                Committee on Banking, Housing, and Urban Affairs, the 
                Committee on Commerce, Science, and Transportation, and 
                the Committee on the Judiciary of the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on Financial Services, the Committee on Energy and 
                Commerce, and the Committee on the Judiciary of the 
                House of Representatives.
            (2) Committee.--The term ``Committee'' means the committee 
        established or designated under subsection (b).
            (3) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (4) Intellectual property.--The term ``intellectual 
        property'' means--
                    (A) any work protected by a copyright under title 
                17, United States Code;
                    (B) any property protected by a patent granted by 
                the United States Patent and Trademark Office under 
                title 35, United States Code;
                    (C) any word, name, symbol, or device, or any 
                combination thereof, that is registered as a trademark 
                with the United States Patent and Trademark Office 
                under the Act entitled ``An Act to provide for the 
                registration and protection of trademarks used in 
                commerce, to carry out the provisions of certain 
                international conventions, and for other purposes'', 
                approved July 5, 1946 (commonly known as the ``Lanham 
                Act'' or the ``Trademark Act of 1946'') (15 U.S.C. 1051 
                et seq.);
                    (D) a trade secret (as defined in section 1839 of 
                title 18, United States Code); or
                    (E) any other form of intellectual property.
            (5) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States; 
                or
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States, including a foreign branch of such an entity.
    (b) Establishment of a Committee.--
            (1) In general.--The President shall--
                    (A) establish a multi-agency committee to carry out 
                this section; or
                    (B) designate an existing multi-agency committee 
                within the executive branch to carry out this section 
                if the President determines that the existing committee 
                has the relevant expertise and personnel to carry out 
                this section.
            (2) Membership.--The Committee shall be comprised of the 
        following officials (or, subject to paragraph (3), a designee 
        of any such official):
                    (A) The Secretary of the Treasury.
                    (B) The Secretary of Commerce.
                    (C) The Secretary of State.
                    (D) The Attorney General.
                    (E) The Director of National Intelligence.
                    (F) The heads of such other agencies as the 
                President determines appropriate, generally or on a 
                case-by-case basis.
            (3) Designee.--An official specified in paragraph (2) may 
        select a designee to serve on the Committee from among 
        individuals serving in positions appointed by the President by 
        and with the advice and consent of the Senate.
            (4) Chair and vice chair.--The President shall appoint a 
        chairperson and a vice chairperson of the Committee from among 
        the members of the Committee.
    (c) Submission of Petitions.--
            (1) In general.--A United States person described in 
        paragraph (3) may submit a petition to the Committee requesting 
        that the Committee--
                    (A) review, under subsection (d), a significant act 
                or series of acts described in paragraph (2) committed 
                by a foreign person; and
                    (B) refer the matter to the President with a 
                recommendation to impose sanctions under subsection (e) 
                to address any threat to the national security of the 
                United States posed by the significant act or series of 
                acts.
            (2) Significant act or series of acts described.--A 
        significant act or series of acts described in this paragraph 
        is a significant act or series of acts of--
                    (A) theft of intellectual property of a United 
                States person; or
                    (B) forced transfer of technology that is the 
                intellectual property of a United States person.
            (3) United states person described.--A United States person 
        is described in this paragraph if--
                    (A) a court of competent jurisdiction in the United 
                States has rendered a final judgment in favor of the 
                United States person that--
                            (i) the foreign person identified in the 
                        petition submitted under paragraph (1) 
                        committed the significant act or series of acts 
                        identified in the petition;
                            (ii) the United States person is the owner 
                        of the intellectual property identified in the 
                        petition; and
                            (iii) the foreign person is using that 
                        intellectual property without the permission of 
                        the United States person; and
                    (B) the United States person can provide clear and 
                convincing evidence to the Committee that the value of 
                the economic loss to the United States person resulting 
                from the significant act or series of acts exceeds 
                $10,000,000.
    (d) Review and Action by the Committee.--
            (1) Review.--Upon receiving a petition under subsection 
        (c), the Committee shall conduct a review of the petition in 
        order to determine whether the imposition of sanctions under 
        subsection (e) is necessary and appropriate to address any 
        threat to the national security of the United States posed by 
        the significant act or series of acts identified in the 
        petition.
            (2) Action.--After conducting a review under paragraph (1) 
        of a petition submitted under subsection (c), the Committee may 
        take no action, dismiss the petition, or refer the petition to 
        the President with a recommendation with respect to whether to 
        impose sanctions under subsection (e).
    (e) Imposition of Sanctions.--
            (1) In general.--The President may impose the sanctions 
        described in paragraph (3) with respect to a foreign person 
        identified in a petition submitted under subsection (c) if the 
        President determines that imposing such sanctions is necessary 
        and appropriate to address any threat to the national security 
        of the United States posed by the significant act or series of 
        acts identified in the petition.
            (2) Notice to congress.--Not later than 30 days after the 
        Committee refers a petition to the President with a 
        recommendation under subsection (d)(2), the President shall 
        submit to the appropriate congressional committees a notice of 
        the determination of the President under paragraph (1) with 
        respect to whether or not to impose sanctions described in 
        paragraph (3) with respect to each foreign person identified in 
        the petition. Each notice required under this paragraph shall 
        be submitted in unclassified form, but may include a classified 
        annex.
            (3) Sanctions described.--The sanctions that may be imposed 
        under paragraph (1) with respect to a foreign person identified 
        in a petition submitted under subsection (c) are the following:
                    (A) Export sanction.--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 
                person 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.
                    (B) Loans from united states financial 
                institutions.--The President may prohibit any United 
                States financial institution from making loans or 
                providing credits to the person totaling more than 
                $10,000,000 in any 12-month period unless the person is 
                engaged in activities to relieve human suffering and 
                the loans or credits are provided for such activities.
                    (C) Loans from international financial 
                institutions.--The President may direct the United 
                States executive director to each international 
                financial institution to use the voice and vote of the 
                United States to oppose any loan from the international 
                financial institution that would benefit the person.
                    (D) Prohibitions on financial institutions.--The 
                following prohibitions may be imposed against the 
                person if the person is a financial institution:
                            (i) Prohibition on designation as primary 
                        dealer.--Neither the Board of Governors of the 
                        Federal Reserve System nor the Federal Reserve 
                        Bank of New York may designate, or permit the 
                        continuation of any prior designation of, the 
                        financial institution as a primary dealer in 
                        United States Government debt instruments.
                            (ii) Prohibition on service as a repository 
                        of government funds.--The financial institution 
                        may not serve as agent of the United States 
                        Government or serve as repository for United 
                        States Government funds.
                    (E) Procurement sanction.--The President may 
                prohibit the United States Government from procuring, 
                or entering into any contract for the procurement of, 
                any goods or services from the person.
                    (F) Foreign exchange.--The President may, 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 person has any interest.
                    (G) Banking transactions.--The President may, 
                pursuant to such regulations as the President may 
                prescribe, prohibit any transfers of credit or payments 
                between 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 
                person.
                    (H) Property transactions.--The President may, 
                pursuant to such regulations as the President may 
                prescribe, prohibit any person from--
                            (i) acquiring, holding, withholding, using, 
                        transferring, withdrawing, transporting, 
                        importing, or exporting any property that is 
                        subject to the jurisdiction of the United 
                        States and with respect to which the person 
                        identified in the petition has any interest;
                            (ii) dealing in or exercising any right, 
                        power, or privilege with respect to such 
                        property; or
                            (iii) conducting any transaction involving 
                        such property.
                    (I) Ban on investment in equity or debt of 
                sanctioned person.--The President may, pursuant to such 
                regulations or guidelines as the President may 
                prescribe, prohibit any United States person from 
                investing in or purchasing significant amounts of 
                equity or debt instruments of the person.
                    (J) Exclusion of corporate officers.--The President 
                may direct the Secretary of State to deny a visa to, 
                and the Secretary of Homeland Security to exclude from 
                the United States, any alien that the President 
                determines is a corporate officer or principal of, or a 
                shareholder with a controlling interest in, the person 
                identified in the petition.
                    (K) Sanctions on principal executive officers.--The 
                President may impose on the principal executive officer 
                or officers of the person, or on individuals performing 
                similar functions and with similar authorities as such 
                officer or officers, any of the sanctions described in 
                this paragraph.
    (f) Implementation; Penalties.--
            (1) 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) to carry out this section.
            (2) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of this 
        section or any regulation, license, or order issued to carry 
        out this section 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.
    (g) Confidentiality of Information.--
            (1) In general.--The Committee shall protect from 
        disclosure any proprietary information submitted by a United 
        States person and marked as business confidential information, 
        unless the person submitting the information--
                    (A) had notice, at the time of submission, that the 
                information would be released by the Committee; or
                    (B) subsequently consents to the release of the 
                information.
            (2) Treatment as trade secrets.--Proprietary information 
        submitted by a United States person under this section shall 
        be--
                    (A) considered to be trade secrets and commercial 
                or financial information (as those terms are used for 
                purposes of section 552b(c)(4) of title 5, United 
                States Code); and
                    (B) exempt from disclosure without the express 
                approval of the person.
    (h) Rulemaking.--The President may prescribe such licenses, orders, 
and regulations as are necessary to carry out this section, including 
with respect to the process by which United States persons may submit 
petitions under subsection (c).
                                 <all>