S5131-118

1. Short title; table of contents This Act may be cited as the STRATEGIC Act of 2024. The table of contents for this Act is as follows:

2. Definitions In this Act: Except as provided in sections 125(b), 210, 211, 303, 313, 323, 411, and 452, part IV of subtitle B of title IV, and title VI, the term appropriate congressional committees means— the Committee on Foreign Relations of the Senate; and the Committee on Foreign Affairs of the House of Representatives. The term PRC means the People’s Republic of China. The term Secretary means the Secretary of State.

101. Definitions Section 1 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611) is amended— by striking the matter preceding subsection (a) and inserting the following: In this Act:; in each of subsections (a), (e), (f), (g), (h), (i), (k), (l), (m), (n), and (o), by striking the semicolon at the end and inserting a period; in subsection (b), by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C); by striking subsections (c) and (d); by redesignating subsections (a), (b), (e), (f), (g), (h), (i), (k), (l), (m), (n), (o), and (p) as paragraphs (11), (6), (7), (5), (16), (15), (8), (17), (2), (18), (14), (12), and (13), respectively, arranging such paragraphs in numerical order, and moving each such paragraph 2 ems to the right; by inserting before paragraph (2), as redesignated, the following: The term agent of a foreign principal— means any person who— acts as an agent, representative, employee, servant, or in any other capacity at the order, request, or under the direction or control, of— a foreign principal; or a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal; and directly or through any other person— engages within the United States in political activities for or in the interests of such foreign principal; acts within the United States as a public relations counsel, publicity agent, information-service employee, or political consultant for or in the interests of such foreign principal; within the United States, solicits, collects, disburses, or dispenses contributions, loans, money, or other things of value for or in the interest of such foreign principal; or within the United States represents the interests of such foreign principal before any agency or official of the Government of the United States; or agrees, consents, assumes or purports to act as, or who is or holds himself or herself out to be, whether or not pursuant to contractual relationship, a person described in clause (i); and does not include— any news or press service or association organized under the laws of the United States or of any State or other place subject to the jurisdiction of the United States if such entity— is at least 80 percent beneficially owned by, and its officers and directors, if any, are, citizens of the United States; and is not owned, directed, supervised, controlled, subsidized, or financed, and none of its policies are determined, by any foreign principal or by any agent of a foreign principal required to register under this Act; or any newspaper, magazine, periodical, or other publication for which there is on file with the United States Postal Service information in compliance with section 3685 of title 39, United States Code, published in the United States, solely by virtue of any bona fide news or journalistic activities, including the solicitation or acceptance of advertisements, subscriptions, or other compensation if it meets the conditions set forth in subclause (I) and (II) of clause (i). by inserting after paragraph (2), as redesignated, the following: The term appropriate committees of Congress means— the Committee on the Judiciary of the Senate; the Committee on Foreign Relations of the Senate; the Committee on the Judiciary of the House of Representatives; and the Committee on Foreign Affairs of the House of Representatives. The term documentary material includes the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret such data compilations, and any product of discovery. by inserting after paragraph (8), as redesignated, the following: The term investigation means any inquiry conducted for the purpose of ascertaining whether any person is or has been engaged in any violation of this Act. The term Lobbying Disclosure Act exemption means the exemption set forth in section 3(h). (1)The term agent of a foreign principal—(A)means any person who—(i)(I)acts as an agent, representative, employee, servant, or in any other capacity at the order, request, or under the direction or control, of—(aa)a foreign principal; or(bb)a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal; and (II)directly or through any other person—(aa)engages within the United States in political activities for or in the interests of such foreign principal;(bb)acts within the United States as a public relations counsel, publicity agent, information-service employee, or political consultant for or in the interests of such foreign principal;(cc)within the United States, solicits, collects, disburses, or dispenses contributions, loans, money, or other things of value for or in the interest of such foreign principal; or(dd)within the United States represents the interests of such foreign principal before any agency or official of the Government of the United States; or(ii)agrees, consents, assumes or purports to act as, or who is or holds himself or herself out to be, whether or not pursuant to contractual relationship, a person described in clause (i); and(B)does not include—(i)any news or press service or association organized under the laws of the United States or of any State or other place subject to the jurisdiction of the United States if such entity—(I)is at least 80 percent beneficially owned by, and its officers and directors, if any, are, citizens of the United States; and(II)is not owned, directed, supervised, controlled, subsidized, or financed, and none of its policies are determined, by any foreign principal or by any agent of a foreign principal required to register under this Act; or(ii)any newspaper, magazine, periodical, or other publication for which there is on file with the United States Postal Service information in compliance with section 3685 of title 39, United States Code, published in the United States, solely by virtue of any bona fide news or journalistic activities, including the solicitation or acceptance of advertisements, subscriptions, or other compensation if it meets the conditions set forth in subclause (I) and (II) of clause (i).; (3)The term appropriate committees of Congress means—(A)the Committee on the Judiciary of the Senate;(B)the Committee on Foreign Relations of the Senate;(C)the Committee on the Judiciary of the House of Representatives; and(D)the Committee on Foreign Affairs of the House of Representatives.(4)The term documentary material includes the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret such data compilations, and any product of discovery.; (9)The term investigation means any inquiry conducted for the purpose of ascertaining whether any person is or has been engaged in any violation of this Act.(10)The term Lobbying Disclosure Act exemption means the exemption set forth in section 3(h)..

102. Treatment of certain exemptions under the Foreign Agents Registration Act of 1938 Section 3 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 613) is amended— in the matter preceding subsection (a), by inserting , except as provided in subsection (i) after principals-; and by adding at the end the following: The exemptions under subsections (d)(1), (d)(2), and (h) shall not apply to any agent of a foreign principal that is organized under the law of or has its principal place of business or residence in 1 of the identified countries listed in paragraph (2). The countries described in this paragraph are: the People’s Republic of China. the Russian Federation. the Islamic Republic of Iran. The Secretary, in consultation with the Attorney General of the United States, may propose the addition or deletion of countries listed in section 3(i)(2) of the Foreign Agents Registration Act of 1938, as amended, as added by subsection (a). Any proposal described in paragraph (1)— shall be submitted to the Chairman and Ranking Member of the Committee on Foreign Relations of the Senate and the Chairman and Ranking Member of the Committee on the Judiciary of the House of Representatives; and shall become effective upon enactment of a joint resolution of approval as described in subsection (c). For purposes of subsection (b), the term joint resolution of approval only means a joint resolution— that does not have a preamble; that includes in the matter after the resolving clause the following: That Congress approves the modification of countries relating to the treatment of certain exemptions under the Foreign Agents Registration Act of 1938, as amended, as submitted by the Secretary on ____; and section 3(i) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 613) is amended by ______., the blank spaces being appropriately filled in with the appropriate date and the amendatory language required to add or delete 1 or more countries from the list of countries described in section 3(i) of the Foreign Agents Registration Act of 1938, as amended, as added by subsection (a)(2), respectively; and the title of which is as follows: Joint resolution approving modifications to countries relating to the treatment of certain exemptions under the Foreign Agents Registration Act of 1938, as amended.. A resolution described in paragraph (1) that is introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. A resolution described in paragraph (1) that is introduced in the House of Representatives shall be referred to the Committee on the Judiciary of the House of Representatives. This section and the amendments made by this section shall terminate on October 1, 2028. (i)Limitations(1)In generalThe exemptions under subsections (d)(1), (d)(2), and (h) shall not apply to any agent of a foreign principal that is organized under the law of or has its principal place of business or residence in 1 of the identified countries listed in paragraph (2).(2)Identified countriesThe countries described in this paragraph are:(A)the People’s Republic of China.(B)the Russian Federation.(C)the Islamic Republic of Iran..

105. Authorizing the Attorney General to issue civil investigative demands to promote enforcement of disclosure requirements for agents of foreign principals The Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.) is amended— by redesignating sections 9 through 14 (22 U.S.C. 619 through ), as sections 10 through 15, respectively; and by inserting after section 8, as amended by sections 103 and 104, the following: Whenever the Attorney General or the Attorney General’s designee has reason to believe that any person may be in possession, custody, or control of any documentary material, or may have any information, relevant to an investigation under this Act, the Attorney General or such designee may, before instituting a civil or criminal proceeding on behalf of the United States with respect to such person, issue in writing, and cause to be served upon such person, a civil investigative demand requiring such person— to produce such documentary material for inspection and copying or reproduction; to provide written answers to written interrogatories with respect to such documentary material or information; to give oral testimony concerning such documentary material or information; or to furnish any combination of such material, answers, or testimony. Whenever a civil investigative demand is an express demand for any product of discovery, the Attorney General or the Attorney General's designee shall— cause to be served, in any manner authorized under this section, a copy of such demand upon the person from whom the discovery was obtained; and notify the person to whom such demand is issued of the date on which such copy was served. The Attorney General may not designate any individual other than the Assistant Attorney General for National Security or a Deputy Attorney General to carry out the authority provided under this subsection. Each demand issued pursuant to subsection (a) shall— state the nature of the conduct constituting the alleged violation of this Act that is under investigation and the provision of this Act alleged to have been violated; if such demand is for the production of documentary material— describe each class of documentary material to be produced with such definiteness and certainty as to permit such material to be fairly identified; prescribe a return date for each such class which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or reproduction; and identify the custodian to whom such material shall be made available; if such demand is for answers to written interrogatories— set forth with specificity the written interrogatories to be answered; prescribe dates by when answers to written interrogatories shall be submitted; and identify the custodian to whom such answers shall be submitted; and if such demand is for the giving of oral testimony— prescribe a date, time, and place at which oral testimony shall be commenced; identify an investigator who shall conduct the examination and the custodian to whom the transcript of such examination shall be submitted; specify that such attendance and testimony are necessary to the conduct of the investigation; notify the person receiving the demand of the right to be accompanied by an attorney and any other representative; and describe the general purpose for which the demand is being issued and the general nature of the testimony, including the primary areas of inquiry, which will be taken pursuant to the demand. Any civil investigative demand issued pursuant to this section that is an express demand for any product of discovery may not be returned or returnable until 20 days after a copy of such demand has been served upon the person from whom the discovery was obtained. The date prescribed for the commencement of oral testimony pursuant to a civil investigative demand issued under subsection (a) shall be a date that is not earlier than 7 days after the date on which demand is received, unless the Attorney General or the Attorney General’s designee determines that exceptional circumstances warrant that such testimony commence sooner. The Attorney General may not authorize the issuance of more than 1 civil investigative demand under this section for oral testimony by the same person unless— such person requests otherwise; or the Attorney General, after investigation, notifies such person in writing that an additional demand for oral testimony is necessary. A civil investigative demand issued pursuant to subsection (a) may not require the production of any documentary material, the submission of any answers to written interrogatories, or the giving of any oral testimony if such material, answers, or testimony would be protected from disclosure under— the standards applicable to subpoenas or subpoenas duces tecum issued by a court of the United States in aid of a grand jury investigation; or the standards applicable to discovery requests under the Federal Rules of Civil Procedure, to the extent that the application of such standards to any such demand is appropriate and consistent with the provisions and purposes of this Act. Any such demand that is an express demand for any product of discovery supersedes any inconsistent order, rule, or provision of law (other than this Act) preventing or restraining disclosure of such product of discovery to any person. Disclosure of any product of discovery pursuant to any such express demand does not constitute a waiver of any right or privilege, including without limitation any right or privilege which may be invoked to resist discovery of trial preparation materials, to which the person making such disclosure may be entitled. Any civil investigative demand issued pursuant to subsection (a) may be served by an appropriate investigator, or by a United States marshal or deputy marshal, at any place within the territorial jurisdiction of any court of the United States. Any such demand or petition filed pursuant to subsection (k) may be served upon any person who is not to be found within the territorial jurisdiction of any court of the United States, in such manner as the Federal Rules of Civil Procedure prescribe for service in a foreign country. To the extent that the courts of the United States can assert jurisdiction over any such person consistent with due process, the United States District Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance with this Act by any such person that such court would have if such person were personally within the jurisdiction of such court. Service of any civil investigative demand issued pursuant to subsection (a) or of any petition filed pursuant to subsection (k) may be made upon a partnership, corporation, association, or other legal entity by— delivering a duly executed copy of such demand or petition to any partner, executive officer, managing agent, or general agent of the partnership, corporation, association, or entity, or to any agent thereof authorized by appointment or by law to receive service of process on behalf of such partnership, corporation, association, or entity; delivering a duly executed copy of such demand or petition to the principal office or place of business of the partnership, corporation, association, or entity to be served; or depositing an executed copy of such demand or petition in the United States mails by registered or certified mail, with a return receipt requested, duly addressed to such partnership, corporation, association, or entity at its principal office or place of business. Service of any such demand or petition may be made upon any natural person by— delivering a duly executed copy of such demand or petition to the person to be served; or depositing an executed copy of such demand or petition in the United States mails by registered or certified mail, with a return receipt requested, duly addressed to such person at the person’s residence or principal office or place of business. A verified return by the individual serving any civil investigative demand pursuant to subsection (a) or any petition filed pursuant to subsection (k) setting forth the manner of such service shall be proof of such service. In the case of service by registered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such demand. The production of documentary material in response to a civil investigative demand served pursuant to this section shall be made under a sworn certificate, in such form as the demand designates, by— in the case of a natural person, the person to whom the demand is directed; or in the case of a person other than a natural person, a person having knowledge of the facts and circumstances relating to such production and authorized to act on behalf of such person, Any person upon whom any civil investigative demand for the production of documentary material has been served pursuant to this section shall make such material available for inspection and copying to the investigator identified in such demand at the principal place of business of such person, or at such other place as the investigator and the person thereafter may agree and prescribe in writing, or as the court may direct pursuant to subsection (k)(1). Such material shall be made so available on the return date specified in such demand, or on such later date as the investigator may prescribe in writing. Such person may, upon written agreement between the person and the investigator, substitute copies for originals of all or any part of such material. Each interrogatory in a civil investigative demand served pursuant to this section shall be— answered separately and fully in writing under oath; and submitted under a sworn certificate, in such form as the demand designates, by— in the case of a natural person, the person to whom the demand is directed; or in the case of a person other than a natural person, the person or persons responsible for answering each interrogatory. Each certificate submitted pursuant to paragraph (1)(B) shall state that all information required by the demand and in the possession, custody, control, or knowledge of the person to whom the demand is directed has been submitted. To the extent that any information is not furnished, the information shall be identified and reasons set forth with particularity regarding the reasons why the information was not furnished. If any interrogatory is objected to, the reasons for the objection shall be stated in the certificate instead of an answer. The examination of any person pursuant to a civil investigative demand for oral testimony served pursuant to this section shall be taken before an officer authorized to administer oaths and affirmations by the laws of the United States or of the place where the examination is held. The officer before whom the testimony is to be taken shall place the witness under oath or affirmation and shall personally, or by someone acting under the direction of the officer and in the officer’s presence, record the testimony of the witness. The testimony shall be taken stenographically and transcribed. When the testimony is fully transcribed, the officer before whom the testimony is taken shall promptly transmit a copy of the transcript of the testimony to the custodian. Nothing in this subsection may be construed to preclude the taking of testimony by any means authorized by, and in a manner consistent with, the Federal Rules of Civil Procedure. The investigator conducting the examination shall exclude from the place where the examination is held all persons except the person giving the testimony, the attorney for and any other representative of the person giving the testimony, the attorney for the Government, any person who may be agreed upon by the attorney for the Government and the person giving the testimony, the officer before whom the testimony is to be taken, and any stenographer taking such testimony. The oral testimony of any person taken pursuant to a civil investigative demand served pursuant to this section shall be taken in the judicial district of the United States within which such person resides, is found, or transacts business, or in such other place as may be agreed upon by the investigator conducting the examination and such person. When the testimony is fully transcribed, the investigator or the officer before whom the testimony is taken shall afford the witness (who may be accompanied by counsel) a reasonable opportunity to examine and read the transcript, unless such examination and reading are waived by the witness. Any changes in form or substance which the witness desires to make shall be entered and identified upon the transcript by the officer or the investigator with a statement of the reasons given by the witness for making such changes. The transcript shall be signed by the witness, unless the witness in writing waives the signing, is ill, cannot be found, or refuses to sign. If the transcript is not signed by the witness within 30 days after being afforded a reasonable opportunity to examine it, the officer or the investigator shall sign it and state on the record the fact of the waiver, illness, absence of the witness, or the refusal to sign, together with the reason, if any, given for such circumstance. The officer before whom the testimony is taken shall certify on the transcript that the witness was duly sworn by the officer and that the transcript is a true record of the testimony given by the witness. The officer or investigator shall promptly deliver the transcript or send it by registered or certified mail to the custodian. Upon payment of reasonable charges, the investigator shall furnish a copy of the transcript to the witness only, except that the Attorney General, or the Attorney General’s designee may, for good cause, limit such witness to inspection of the official transcript of the witness’s testimony. Any person compelled to appear for oral testimony under a civil investigative demand issued pursuant to subsection (a) may be accompanied, represented, and advised by counsel. Counsel may advise such person, in confidence, with respect to any question asked of such person. Such person or counsel may object on the record to any question, in whole or in part, and shall briefly state for the record the reason for such objection. An objection may be made, received, and entered upon the record when it is claimed that such person is entitled to refuse to answer the question on the grounds of any constitutional or other legal right or privilege, including the privilege against self-incrimination. Such person may not otherwise object to or refuse to answer any question, and may not directly or through counsel otherwise interrupt the oral examination. If such person refuses to answer any question, a petition may be filed in the district court of the United States pursuant to subsection (k)(1) for an order compelling such person to answer such question. If a person described in subparagraph (A) refuses to answer any question on the grounds of the privilege against self-incrimination, the testimony of such person may be compelled in accordance with the provisions of part V of title 18, United States Code. Any person appearing for oral testimony under a civil investigative demand issued pursuant to subsection (a) shall be entitled to the same fees and allowances that are paid to witnesses in the district courts of the United States. The Attorney General, or the Attorney General's designee shall designate— an investigator to serve as custodian of documentary material, answers to interrogatories, and transcripts of oral testimony received under this section; and such additional investigators as the Attorney General or designee determines from time to time to be necessary to serve as deputies of the custodian. An investigator who receives any documentary material, answers to interrogatories, or transcripts of oral testimony under this section shall transmit such material to the custodian, who— shall take physical possession of such material, answers, or transcripts; and shall be responsible for the use made of them and for the return of documentary material in accordance with paragraph (4). The custodian may cause the preparation of such copies of such documentary material, answers to interrogatories, or transcripts of oral testimony as may be required for official use by any investigator, or other officer or employee of the Department of Justice. Such material, answers, and transcripts may be used by any such authorized investigator or other officer or employee in connection with the taking of oral testimony under this section. Except as otherwise provided in this subsection, no documentary material, answers to interrogatories, or transcripts of oral testimony, or copies thereof, while in the possession of the custodian, may be made available for examination by any individual other than an investigator or other officer or employee of the Department of Justice authorized under subparagraph (B). Such prohibition on the availability of material, answers, or transcripts shall not apply if consent is given by the person who produced such material, answers, or transcripts, or, in the case of any product of discovery produced pursuant to an express demand for such material, consent is given by the person from whom the discovery was obtained. Nothing in this subparagraph may be construed to prevent disclosure to Congress, including any congressional committee or subcommittee, or to any other agency of the United States for use by such agency in furtherance of its statutory responsibilities. While in the possession of the custodian and under such reasonable terms and conditions as the Attorney General shall prescribe— documentary material and answers to interrogatories shall be available for examination by the person who produced such material or answers, or by a representative of that person authorized by that person to examine such material and answers; and transcripts of oral testimony shall be available for examination by the person who produced such testimony, or by a representative of that person authorized by that person to examine such transcripts. Whenever any attorney of the Department of Justice has been designated to appear before any court, grand jury, or Federal agency in any case or proceeding, the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony received under this section may deliver to such attorney such material, answers, or transcripts for official use in connection with any such case or proceeding as such attorney determines to be required. Upon the completion of any such case or proceeding, such attorney shall return to the custodian any such material, answers, or transcripts so delivered that have not passed into the control of such court, grand jury, or agency through the introduction thereof into the record of such case or proceeding. The custodian, upon written request of the person who produced any documentary material in the course of any investigation pursuant to a civil investigative demand under this section, shall return to such person any such material (other than copies furnished to the investigator pursuant to subsection (g)(2) or made for the Department of Justice pursuant to paragraph (2)(B)) that has not passed into the control of any court, grand jury, or agency through introduction into the record of such case or proceeding if— any case or proceeding before the court or grand jury arising out of such investigation, or any proceeding before any Federal agency involving such material, has been completed; or no case or proceeding in which such material may be used has been commenced within a reasonable time after completion of the examination and analysis of all documentary material and other information assembled in the course of such investigation. In the event of the death, disability, or separation from service in the Department of Justice of the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony produced pursuant to a civil investigative demand under this section, or in the event of the official relief of such custodian from responsibility for the custody and control of such material, answers, or transcripts, the Attorney General or the Attorney General’s designee shall promptly— designate another investigator to serve as custodian of such material, answers, or transcripts; and transmit in writing to the person who produced such material, answers, or testimony notice of the identity and address of the successor so designated. Any person who is designated to be a successor pursuant to this paragraph shall have, with regard to such material, answers, or transcripts, the same duties and responsibilities as were imposed by this section upon the predecessor in office of such person, except that the successor shall not be held responsible for any default or dereliction that occurred before such designation. Whenever any person fails to comply with any civil investigative demand issued pursuant to subsection (a), or whenever satisfactory copying or reproduction of any material requested in such demand cannot be done and such person refuses to surrender such material, the Attorney General may file, in the district court of the United States for any judicial district in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of such civil investigative demand. Any person who has received a civil investigative demand issued pursuant to subsection (a) may file, in the district court of the United States for the judicial district in which such person resides, is found, or transacts business, and serve upon the investigator identified in such demand a petition for an order of the court to modify or set aside such demand. In the case of a petition addressed to an express demand for any product of discovery, a petition to modify or set aside such demand may be brought only in the district court of the United States for the judicial district in which the proceeding in which such discovery was obtained is or was last pending. Any petition under this subparagraph shall be filed— not later than the earlier of— the date that is 20 days after the date of service of the civil investigative demand; or at any time before the return date specified in the demand; or within such longer period as may be prescribed in writing by any investigator identified in the demand. Each petition filed pursuant to subparagraph (A) shall specify each ground upon which the petitioner relies in seeking relief, and may be based upon any failure of the demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of such person. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the demand, in whole or in part, except that the person filing the petition shall comply with any portions of the demand not sought to be modified or set aside. If a civil investigative demand issued pursuant to subsection (a) is an express demand for any product of discovery, the person from whom such discovery was obtained may file, in the district court of the United States for the judicial district in which the proceeding in which such discovery was obtained is or was last pending, and serve upon any investigator identified in the demand and upon the recipient of the demand, a petition for an order of such court to modify or set aside those portions of the demand requiring production of any such product of discovery. Any petition under this subparagraph shall be filed— not later than the earlier of— the date that is 20 days after the date of service of the civil investigative demand; or at any time before the return date specified in the demand; or within such longer period as may be prescribed in writing by any investigator identified in the demand. Each petition filed pursuant to subparagraph (A) shall specify each ground upon which the petitioner relies in seeking relief, and may be based upon any failure of the portions of the demand from which relief is sought to comply with the provisions of this section, or upon any constitutional or other legal right or privilege of the petitioner. During the pendency of the petition, the court may stay, as it deems proper, compliance with the demand and the running of the time allowed for compliance with the demand. At any time during which any custodian is in custody or control of any documentary material or answers to interrogatories produced, or transcripts of oral testimony given, by any person in compliance with any civil investigative demand issued pursuant to subsection (a), such person, and in the case of an express demand for any product of discovery, the person from whom such discovery was obtained, may file, in the district court of the United States for the judicial district in which the office of such custodian is situated, and serve upon such custodian, a petition for an order of such court to require the performance by the custodian of any duty imposed upon the custodian by this section. Whenever any petition is filed in any district court of the United States pursuant to this subsection, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry out the provisions of this section. Any final order so entered shall be subject to appeal under section 1291 of title 28, United States Code. Any disobedience of any final order entered under this section by any court shall be punished as a contempt of the court. The Federal Rules of Civil Procedure shall apply to any petition filed pursuant to this subsection, to the extent that such rules are not inconsistent with the provisions of this section. Any documentary material, answers to written interrogatories, or oral testimony provided under any civil investigative demand issued under subsection (a) shall be exempt from disclosure under section 552 of title 5, United States Code, as described in subsection (b)(3) of such section. In this section: The term custodian means the custodian, or any deputy custodian, designated by the Attorney General pursuant to subsection (j)(1). The term investigator means any attorney or investigator employed by the Department of Justice who is charged with the duty of enforcing or carrying into effect this Act, or any officer or employee of the United States acting under the direction and supervision of such attorney or investigator in connection with an investigation. The term official use means any use that is consistent with the law and the regulations and policies of the Department of Justice, including— use in connection with internal Department of Justice memoranda and reports; communications between the Department of Justice and a Federal, State, or local government agency, or a contractor of a Federal, State, or local government agency, undertaken in furtherance of a Department of Justice investigation or prosecution of a case; oral examinations; depositions; preparation for and response to civil discovery requests; introduction into the record of a case or proceeding; applications, motions, memoranda and briefs submitted to a court or other tribunal; and communications with Government investigators, auditors, consultants and experts, the counsel of other parties, arbitrators and mediators, concerning an investigation, case or proceeding. The term product of discovery includes— the original or duplicate of any deposition, interrogatory, document, thing, result of the inspection of land or other property, examination, or admission, which is obtained by any method of discovery in any judicial or administrative proceeding of an adversarial nature; any digest, analysis, selection, compilation, or derivation of any item listed in subparagraph (A); and any index or other manner of access to any item listed in subparagraph (A). The authority of the Attorney General to issue a civil investigative demand under this section shall expire upon the expiration of the 5-year period that begins on the date of enactment of this section. 9.Civil investigative demands concerning registration of agents of foreign principals(a)Authority of the Attorney General(1)Authority describedWhenever the Attorney General or the Attorney General’s designee has reason to believe that any person may be in possession, custody, or control of any documentary material, or may have any information, relevant to an investigation under this Act, the Attorney General or such designee may, before instituting a civil or criminal proceeding on behalf of the United States with respect to such person, issue in writing, and cause to be served upon such person, a civil investigative demand requiring such person—(A)to produce such documentary material for inspection and copying or reproduction;(B)to provide written answers to written interrogatories with respect to such documentary material or information;(C)to give oral testimony concerning such documentary material or information; or (D)to furnish any combination of such material, answers, or testimony. (2)Express demandsWhenever a civil investigative demand is an express demand for any product of discovery, the Attorney General or the Attorney General's designee shall—(A)cause to be served, in any manner authorized under this section, a copy of such demand upon the person from whom the discovery was obtained; and(B)notify the person to whom such demand is issued of the date on which such copy was served.(3)Limiting individuals who may serve as designeesThe Attorney General may not designate any individual other than the Assistant Attorney General for National Security or a Deputy Attorney General to carry out the authority provided under this subsection.(b)Contents and deadlines(1)In generalEach demand issued pursuant to subsection (a) shall—(A)state the nature of the conduct constituting the alleged violation of this Act that is under investigation and the provision of this Act alleged to have been violated;(B)if such demand is for the production of documentary material—(i)describe each class of documentary material to be produced with such definiteness and certainty as to permit such material to be fairly identified;(ii)prescribe a return date for each such class which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or reproduction; and(iii)identify the custodian to whom such material shall be made available;(C)if such demand is for answers to written interrogatories—(i)set forth with specificity the written interrogatories to be answered;(ii)prescribe dates by when answers to written interrogatories shall be submitted; and(iii)identify the custodian to whom such answers shall be submitted; and(D)if such demand is for the giving of oral testimony—(i)prescribe a date, time, and place at which oral testimony shall be commenced;(ii)identify an investigator who shall conduct the examination and the custodian to whom the transcript of such examination shall be submitted;(iii)specify that such attendance and testimony are necessary to the conduct of the investigation;(iv)notify the person receiving the demand of the right to be accompanied by an attorney and any other representative; and(v)describe the general purpose for which the demand is being issued and the general nature of the testimony, including the primary areas of inquiry, which will be taken pursuant to the demand.(2)Product of discoveryAny civil investigative demand issued pursuant to this section that is an express demand for any product of discovery may not be returned or returnable until 20 days after a copy of such demand has been served upon the person from whom the discovery was obtained.(3)DateThe date prescribed for the commencement of oral testimony pursuant to a civil investigative demand issued under subsection (a) shall be a date that is not earlier than 7 days after the date on which demand is received, unless the Attorney General or the Attorney General’s designee determines that exceptional circumstances warrant that such testimony commence sooner.(4)NotificationThe Attorney General may not authorize the issuance of more than 1 civil investigative demand under this section for oral testimony by the same person unless—(A)such person requests otherwise; or(B)the Attorney General, after investigation, notifies such person in writing that an additional demand for oral testimony is necessary.(c)Protected material or information(1)In generalA civil investigative demand issued pursuant to subsection (a) may not require the production of any documentary material, the submission of any answers to written interrogatories, or the giving of any oral testimony if such material, answers, or testimony would be protected from disclosure under—(A)the standards applicable to subpoenas or subpoenas duces tecum issued by a court of the United States in aid of a grand jury investigation; or(B)the standards applicable to discovery requests under the Federal Rules of Civil Procedure, to the extent that the application of such standards to any such demand is appropriate and consistent with the provisions and purposes of this Act.(2)Effect on other orders, rules, and lawsAny such demand that is an express demand for any product of discovery supersedes any inconsistent order, rule, or provision of law (other than this Act) preventing or restraining disclosure of such product of discovery to any person. Disclosure of any product of discovery pursuant to any such express demand does not constitute a waiver of any right or privilege, including without limitation any right or privilege which may be invoked to resist discovery of trial preparation materials, to which the person making such disclosure may be entitled.(d)Service; jurisdiction(1)By whom servedAny civil investigative demand issued pursuant to subsection (a) may be served by an appropriate investigator, or by a United States marshal or deputy marshal, at any place within the territorial jurisdiction of any court of the United States.(2)Service in foreign nationsAny such demand or petition filed pursuant to subsection (k) may be served upon any person who is not to be found within the territorial jurisdiction of any court of the United States, in such manner as the Federal Rules of Civil Procedure prescribe for service in a foreign country. To the extent that the courts of the United States can assert jurisdiction over any such person consistent with due process, the United States District Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance with this Act by any such person that such court would have if such person were personally within the jurisdiction of such court.(e)Service upon legal entities and natural persons(1)Legal entitiesService of any civil investigative demand issued pursuant to subsection (a) or of any petition filed pursuant to subsection (k) may be made upon a partnership, corporation, association, or other legal entity by—(A)delivering a duly executed copy of such demand or petition to any partner, executive officer, managing agent, or general agent of the partnership, corporation, association, or entity, or to any agent thereof authorized by appointment or by law to receive service of process on behalf of such partnership, corporation, association, or entity;(B)delivering a duly executed copy of such demand or petition to the principal office or place of business of the partnership, corporation, association, or entity to be served; or(C)depositing an executed copy of such demand or petition in the United States mails by registered or certified mail, with a return receipt requested, duly addressed to such partnership, corporation, association, or entity at its principal office or place of business.(2)Natural personsService of any such demand or petition may be made upon any natural person by—(A)delivering a duly executed copy of such demand or petition to the person to be served; or(B)depositing an executed copy of such demand or petition in the United States mails by registered or certified mail, with a return receipt requested, duly addressed to such person at the person’s residence or principal office or place of business.(f)Proof of serviceA verified return by the individual serving any civil investigative demand pursuant to subsection (a) or any petition filed pursuant to subsection (k) setting forth the manner of such service shall be proof of such service. In the case of service by registered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such demand.(g)Documentary material(1)Sworn certificatesThe production of documentary material in response to a civil investigative demand served pursuant to this section shall be made under a sworn certificate, in such form as the demand designates, by—(A)in the case of a natural person, the person to whom the demand is directed; or(B)in the case of a person other than a natural person, a person having knowledge of the facts and circumstances relating to such production and authorized to act on behalf of such person,to the effect that all of the documentary material required by the demand and in the possession, custody, or control of the person to whom the demand is directed has been produced and made available to the custodian.(2)Production of materialsAny person upon whom any civil investigative demand for the production of documentary material has been served pursuant to this section shall make such material available for inspection and copying to the investigator identified in such demand at the principal place of business of such person, or at such other place as the investigator and the person thereafter may agree and prescribe in writing, or as the court may direct pursuant to subsection (k)(1). Such material shall be made so available on the return date specified in such demand, or on such later date as the investigator may prescribe in writing. Such person may, upon written agreement between the person and the investigator, substitute copies for originals of all or any part of such material.(h)Interrogatories(1)AnswersEach interrogatory in a civil investigative demand served pursuant to this section shall be—(A)answered separately and fully in writing under oath; and(B)submitted under a sworn certificate, in such form as the demand designates, by—(i)in the case of a natural person, the person to whom the demand is directed; or(ii)in the case of a person other than a natural person, the person or persons responsible for answering each interrogatory.(2)Contents of certificatesEach certificate submitted pursuant to paragraph (1)(B) shall state that all information required by the demand and in the possession, custody, control, or knowledge of the person to whom the demand is directed has been submitted. To the extent that any information is not furnished, the information shall be identified and reasons set forth with particularity regarding the reasons why the information was not furnished.(3)ObjectionsIf any interrogatory is objected to, the reasons for the objection shall be stated in the certificate instead of an answer.(i)Oral examinations(1)ProceduresThe examination of any person pursuant to a civil investigative demand for oral testimony served pursuant to this section shall be taken before an officer authorized to administer oaths and affirmations by the laws of the United States or of the place where the examination is held. The officer before whom the testimony is to be taken shall place the witness under oath or affirmation and shall personally, or by someone acting under the direction of the officer and in the officer’s presence, record the testimony of the witness. The testimony shall be taken stenographically and transcribed. When the testimony is fully transcribed, the officer before whom the testimony is taken shall promptly transmit a copy of the transcript of the testimony to the custodian. Nothing in this subsection may be construed to preclude the taking of testimony by any means authorized by, and in a manner consistent with, the Federal Rules of Civil Procedure.(2)Persons presentThe investigator conducting the examination shall exclude from the place where the examination is held all persons except the person giving the testimony, the attorney for and any other representative of the person giving the testimony, the attorney for the Government, any person who may be agreed upon by the attorney for the Government and the person giving the testimony, the officer before whom the testimony is to be taken, and any stenographer taking such testimony.(3)Where testimony takenThe oral testimony of any person taken pursuant to a civil investigative demand served pursuant to this section shall be taken in the judicial district of the United States within which such person resides, is found, or transacts business, or in such other place as may be agreed upon by the investigator conducting the examination and such person.(4)Transcript of testimonyWhen the testimony is fully transcribed, the investigator or the officer before whom the testimony is taken shall afford the witness (who may be accompanied by counsel) a reasonable opportunity to examine and read the transcript, unless such examination and reading are waived by the witness. Any changes in form or substance which the witness desires to make shall be entered and identified upon the transcript by the officer or the investigator with a statement of the reasons given by the witness for making such changes. The transcript shall be signed by the witness, unless the witness in writing waives the signing, is ill, cannot be found, or refuses to sign. If the transcript is not signed by the witness within 30 days after being afforded a reasonable opportunity to examine it, the officer or the investigator shall sign it and state on the record the fact of the waiver, illness, absence of the witness, or the refusal to sign, together with the reason, if any, given for such circumstance.(5)Certification and delivery to custodianThe officer before whom the testimony is taken shall certify on the transcript that the witness was duly sworn by the officer and that the transcript is a true record of the testimony given by the witness. The officer or investigator shall promptly deliver the transcript or send it by registered or certified mail to the custodian.(6)Furnishing or inspection of transcript by witnessUpon payment of reasonable charges, the investigator shall furnish a copy of the transcript to the witness only, except that the Attorney General, or the Attorney General’s designee may, for good cause, limit such witness to inspection of the official transcript of the witness’s testimony.(7)Conduct of oral testimony(A)In generalAny person compelled to appear for oral testimony under a civil investigative demand issued pursuant to subsection (a) may be accompanied, represented, and advised by counsel. Counsel may advise such person, in confidence, with respect to any question asked of such person. Such person or counsel may object on the record to any question, in whole or in part, and shall briefly state for the record the reason for such objection. An objection may be made, received, and entered upon the record when it is claimed that such person is entitled to refuse to answer the question on the grounds of any constitutional or other legal right or privilege, including the privilege against self-incrimination. Such person may not otherwise object to or refuse to answer any question, and may not directly or through counsel otherwise interrupt the oral examination. If such person refuses to answer any question, a petition may be filed in the district court of the United States pursuant to subsection (k)(1) for an order compelling such person to answer such question.(B)Compelled testimonyIf a person described in subparagraph (A) refuses to answer any question on the grounds of the privilege against self-incrimination, the testimony of such person may be compelled in accordance with the provisions of part V of title 18, United States Code.(8)Witness fees and allowancesAny person appearing for oral testimony under a civil investigative demand issued pursuant to subsection (a) shall be entitled to the same fees and allowances that are paid to witnesses in the district courts of the United States.(j)Custodians of documents, answers, and transcripts(1)DesignationThe Attorney General, or the Attorney General's designee shall designate—(A)an investigator to serve as custodian of documentary material, answers to interrogatories, and transcripts of oral testimony received under this section; and (B)such additional investigators as the Attorney General or designee determines from time to time to be necessary to serve as deputies of the custodian.(2)Responsibility for materials; disclosure(A)In generalAn investigator who receives any documentary material, answers to interrogatories, or transcripts of oral testimony under this section shall transmit such material to the custodian, who—(i)shall take physical possession of such material, answers, or transcripts; and (ii)shall be responsible for the use made of them and for the return of documentary material in accordance with paragraph (4).(B)PreparationThe custodian may cause the preparation of such copies of such documentary material, answers to interrogatories, or transcripts of oral testimony as may be required for official use by any investigator, or other officer or employee of the Department of Justice. Such material, answers, and transcripts may be used by any such authorized investigator or other officer or employee in connection with the taking of oral testimony under this section.(C)No examinationExcept as otherwise provided in this subsection, no documentary material, answers to interrogatories, or transcripts of oral testimony, or copies thereof, while in the possession of the custodian, may be made available for examination by any individual other than an investigator or other officer or employee of the Department of Justice authorized under subparagraph (B). Such prohibition on the availability of material, answers, or transcripts shall not apply if consent is given by the person who produced such material, answers, or transcripts, or, in the case of any product of discovery produced pursuant to an express demand for such material, consent is given by the person from whom the discovery was obtained. Nothing in this subparagraph may be construed to prevent disclosure to Congress, including any congressional committee or subcommittee, or to any other agency of the United States for use by such agency in furtherance of its statutory responsibilities.(D)Examination by certain personsWhile in the possession of the custodian and under such reasonable terms and conditions as the Attorney General shall prescribe—(i)documentary material and answers to interrogatories shall be available for examination by the person who produced such material or answers, or by a representative of that person authorized by that person to examine such material and answers; and(ii)transcripts of oral testimony shall be available for examination by the person who produced such testimony, or by a representative of that person authorized by that person to examine such transcripts.(3)Use of material, answers, or transcripts in other proceedingsWhenever any attorney of the Department of Justice has been designated to appear before any court, grand jury, or Federal agency in any case or proceeding, the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony received under this section may deliver to such attorney such material, answers, or transcripts for official use in connection with any such case or proceeding as such attorney determines to be required. Upon the completion of any such case or proceeding, such attorney shall return to the custodian any such material, answers, or transcripts so delivered that have not passed into the control of such court, grand jury, or agency through the introduction thereof into the record of such case or proceeding.(4)Conditions for return of materialThe custodian, upon written request of the person who produced any documentary material in the course of any investigation pursuant to a civil investigative demand under this section, shall return to such person any such material (other than copies furnished to the investigator pursuant to subsection (g)(2) or made for the Department of Justice pursuant to paragraph (2)(B)) that has not passed into the control of any court, grand jury, or agency through introduction into the record of such case or proceeding if—(A)any case or proceeding before the court or grand jury arising out of such investigation, or any proceeding before any Federal agency involving such material, has been completed; or(B)no case or proceeding in which such material may be used has been commenced within a reasonable time after completion of the examination and analysis of all documentary material and other information assembled in the course of such investigation.(5)Appointment of successor custodians(A)In generalIn the event of the death, disability, or separation from service in the Department of Justice of the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony produced pursuant to a civil investigative demand under this section, or in the event of the official relief of such custodian from responsibility for the custody and control of such material, answers, or transcripts, the Attorney General or the Attorney General’s designee shall promptly—(i)designate another investigator to serve as custodian of such material, answers, or transcripts; and(ii)transmit in writing to the person who produced such material, answers, or testimony notice of the identity and address of the successor so designated.(B)SuccessorAny person who is designated to be a successor pursuant to this paragraph shall have, with regard to such material, answers, or transcripts, the same duties and responsibilities as were imposed by this section upon the predecessor in office of such person, except that the successor shall not be held responsible for any default or dereliction that occurred before such designation.(k)Judicial proceedings(1)Petition for enforcementWhenever any person fails to comply with any civil investigative demand issued pursuant to subsection (a), or whenever satisfactory copying or reproduction of any material requested in such demand cannot be done and such person refuses to surrender such material, the Attorney General may file, in the district court of the United States for any judicial district in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of such civil investigative demand.(2)Petition to modify or set aside demand(A)In generalAny person who has received a civil investigative demand issued pursuant to subsection (a) may file, in the district court of the United States for the judicial district in which such person resides, is found, or transacts business, and serve upon the investigator identified in such demand a petition for an order of the court to modify or set aside such demand. In the case of a petition addressed to an express demand for any product of discovery, a petition to modify or set aside such demand may be brought only in the district court of the United States for the judicial district in which the proceeding in which such discovery was obtained is or was last pending. Any petition under this subparagraph shall be filed—(i)not later than the earlier of—(I)the date that is 20 days after the date of service of the civil investigative demand; or (II)at any time before the return date specified in the demand; or(ii)within such longer period as may be prescribed in writing by any investigator identified in the demand.(B)Grounds for reliefEach petition filed pursuant to subparagraph (A) shall specify each ground upon which the petitioner relies in seeking relief, and may be based upon any failure of the demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of such person. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the demand, in whole or in part, except that the person filing the petition shall comply with any portions of the demand not sought to be modified or set aside.(3)Petition to modify or set aside demand for product of discovery(A)In generalIf a civil investigative demand issued pursuant to subsection (a) is an express demand for any product of discovery, the person from whom such discovery was obtained may file, in the district court of the United States for the judicial district in which the proceeding in which such discovery was obtained is or was last pending, and serve upon any investigator identified in the demand and upon the recipient of the demand, a petition for an order of such court to modify or set aside those portions of the demand requiring production of any such product of discovery. Any petition under this subparagraph shall be filed—(i)not later than the earlier of—(I)the date that is 20 days after the date of service of the civil investigative demand; or (II)at any time before the return date specified in the demand; or(ii)within such longer period as may be prescribed in writing by any investigator identified in the demand.(B)Grounds for reliefEach petition filed pursuant to subparagraph (A) shall specify each ground upon which the petitioner relies in seeking relief, and may be based upon any failure of the portions of the demand from which relief is sought to comply with the provisions of this section, or upon any constitutional or other legal right or privilege of the petitioner. During the pendency of the petition, the court may stay, as it deems proper, compliance with the demand and the running of the time allowed for compliance with the demand.(4)Petition to require performance by custodian of dutiesAt any time during which any custodian is in custody or control of any documentary material or answers to interrogatories produced, or transcripts of oral testimony given, by any person in compliance with any civil investigative demand issued pursuant to subsection (a), such person, and in the case of an express demand for any product of discovery, the person from whom such discovery was obtained, may file, in the district court of the United States for the judicial district in which the office of such custodian is situated, and serve upon such custodian, a petition for an order of such court to require the performance by the custodian of any duty imposed upon the custodian by this section.(5)JurisdictionWhenever any petition is filed in any district court of the United States pursuant to this subsection, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry out the provisions of this section. Any final order so entered shall be subject to appeal under section 1291 of title 28, United States Code. Any disobedience of any final order entered under this section by any court shall be punished as a contempt of the court.(6)Applicability of federal rules of civil procedureThe Federal Rules of Civil Procedure shall apply to any petition filed pursuant to this subsection, to the extent that such rules are not inconsistent with the provisions of this section.(l)Disclosure exemptionAny documentary material, answers to written interrogatories, or oral testimony provided under any civil investigative demand issued under subsection (a) shall be exempt from disclosure under section 552 of title 5, United States Code, as described in subsection (b)(3) of such section.(m)DefinitionsIn this section:(1)CustodianThe term custodian means the custodian, or any deputy custodian, designated by the Attorney General pursuant to subsection (j)(1).(2)InvestigatorThe term investigator means any attorney or investigator employed by the Department of Justice who is charged with the duty of enforcing or carrying into effect this Act, or any officer or employee of the United States acting under the direction and supervision of such attorney or investigator in connection with an investigation.(3)Official useThe term official use means any use that is consistent with the law and the regulations and policies of the Department of Justice, including—(A)use in connection with internal Department of Justice memoranda and reports; (B)communications between the Department of Justice and a Federal, State, or local government agency, or a contractor of a Federal, State, or local government agency, undertaken in furtherance of a Department of Justice investigation or prosecution of a case; (C)oral examinations; (D)depositions; (E)preparation for and response to civil discovery requests;(F)introduction into the record of a case or proceeding;(G)applications, motions, memoranda and briefs submitted to a court or other tribunal; and(H)communications with Government investigators, auditors, consultants and experts, the counsel of other parties, arbitrators and mediators, concerning an investigation, case or proceeding.(4)Product of discoveryThe term product of discovery includes—(A)the original or duplicate of any deposition, interrogatory, document, thing, result of the inspection of land or other property, examination, or admission, which is obtained by any method of discovery in any judicial or administrative proceeding of an adversarial nature;(B)any digest, analysis, selection, compilation, or derivation of any item listed in subparagraph (A); and(C)any index or other manner of access to any item listed in subparagraph (A).(n)SunsetThe authority of the Attorney General to issue a civil investigative demand under this section shall expire upon the expiration of the 5-year period that begins on the date of enactment of this section..

9. Civil investigative demands concerning registration of agents of foreign principals Whenever the Attorney General or the Attorney General’s designee has reason to believe that any person may be in possession, custody, or control of any documentary material, or may have any information, relevant to an investigation under this Act, the Attorney General or such designee may, before instituting a civil or criminal proceeding on behalf of the United States with respect to such person, issue in writing, and cause to be served upon such person, a civil investigative demand requiring such person— to produce such documentary material for inspection and copying or reproduction; to provide written answers to written interrogatories with respect to such documentary material or information; to give oral testimony concerning such documentary material or information; or to furnish any combination of such material, answers, or testimony. Whenever a civil investigative demand is an express demand for any product of discovery, the Attorney General or the Attorney General's designee shall— cause to be served, in any manner authorized under this section, a copy of such demand upon the person from whom the discovery was obtained; and notify the person to whom such demand is issued of the date on which such copy was served. The Attorney General may not designate any individual other than the Assistant Attorney General for National Security or a Deputy Attorney General to carry out the authority provided under this subsection. Each demand issued pursuant to subsection (a) shall— state the nature of the conduct constituting the alleged violation of this Act that is under investigation and the provision of this Act alleged to have been violated; if such demand is for the production of documentary material— describe each class of documentary material to be produced with such definiteness and certainty as to permit such material to be fairly identified; prescribe a return date for each such class which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or reproduction; and identify the custodian to whom such material shall be made available; if such demand is for answers to written interrogatories— set forth with specificity the written interrogatories to be answered; prescribe dates by when answers to written interrogatories shall be submitted; and identify the custodian to whom such answers shall be submitted; and if such demand is for the giving of oral testimony— prescribe a date, time, and place at which oral testimony shall be commenced; identify an investigator who shall conduct the examination and the custodian to whom the transcript of such examination shall be submitted; specify that such attendance and testimony are necessary to the conduct of the investigation; notify the person receiving the demand of the right to be accompanied by an attorney and any other representative; and describe the general purpose for which the demand is being issued and the general nature of the testimony, including the primary areas of inquiry, which will be taken pursuant to the demand. Any civil investigative demand issued pursuant to this section that is an express demand for any product of discovery may not be returned or returnable until 20 days after a copy of such demand has been served upon the person from whom the discovery was obtained. The date prescribed for the commencement of oral testimony pursuant to a civil investigative demand issued under subsection (a) shall be a date that is not earlier than 7 days after the date on which demand is received, unless the Attorney General or the Attorney General’s designee determines that exceptional circumstances warrant that such testimony commence sooner. The Attorney General may not authorize the issuance of more than 1 civil investigative demand under this section for oral testimony by the same person unless— such person requests otherwise; or the Attorney General, after investigation, notifies such person in writing that an additional demand for oral testimony is necessary. A civil investigative demand issued pursuant to subsection (a) may not require the production of any documentary material, the submission of any answers to written interrogatories, or the giving of any oral testimony if such material, answers, or testimony would be protected from disclosure under— the standards applicable to subpoenas or subpoenas duces tecum issued by a court of the United States in aid of a grand jury investigation; or the standards applicable to discovery requests under the Federal Rules of Civil Procedure, to the extent that the application of such standards to any such demand is appropriate and consistent with the provisions and purposes of this Act. Any such demand that is an express demand for any product of discovery supersedes any inconsistent order, rule, or provision of law (other than this Act) preventing or restraining disclosure of such product of discovery to any person. Disclosure of any product of discovery pursuant to any such express demand does not constitute a waiver of any right or privilege, including without limitation any right or privilege which may be invoked to resist discovery of trial preparation materials, to which the person making such disclosure may be entitled. Any civil investigative demand issued pursuant to subsection (a) may be served by an appropriate investigator, or by a United States marshal or deputy marshal, at any place within the territorial jurisdiction of any court of the United States. Any such demand or petition filed pursuant to subsection (k) may be served upon any person who is not to be found within the territorial jurisdiction of any court of the United States, in such manner as the Federal Rules of Civil Procedure prescribe for service in a foreign country. To the extent that the courts of the United States can assert jurisdiction over any such person consistent with due process, the United States District Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance with this Act by any such person that such court would have if such person were personally within the jurisdiction of such court. Service of any civil investigative demand issued pursuant to subsection (a) or of any petition filed pursuant to subsection (k) may be made upon a partnership, corporation, association, or other legal entity by— delivering a duly executed copy of such demand or petition to any partner, executive officer, managing agent, or general agent of the partnership, corporation, association, or entity, or to any agent thereof authorized by appointment or by law to receive service of process on behalf of such partnership, corporation, association, or entity; delivering a duly executed copy of such demand or petition to the principal office or place of business of the partnership, corporation, association, or entity to be served; or depositing an executed copy of such demand or petition in the United States mails by registered or certified mail, with a return receipt requested, duly addressed to such partnership, corporation, association, or entity at its principal office or place of business. Service of any such demand or petition may be made upon any natural person by— delivering a duly executed copy of such demand or petition to the person to be served; or depositing an executed copy of such demand or petition in the United States mails by registered or certified mail, with a return receipt requested, duly addressed to such person at the person’s residence or principal office or place of business. A verified return by the individual serving any civil investigative demand pursuant to subsection (a) or any petition filed pursuant to subsection (k) setting forth the manner of such service shall be proof of such service. In the case of service by registered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such demand. The production of documentary material in response to a civil investigative demand served pursuant to this section shall be made under a sworn certificate, in such form as the demand designates, by— in the case of a natural person, the person to whom the demand is directed; or in the case of a person other than a natural person, a person having knowledge of the facts and circumstances relating to such production and authorized to act on behalf of such person, Any person upon whom any civil investigative demand for the production of documentary material has been served pursuant to this section shall make such material available for inspection and copying to the investigator identified in such demand at the principal place of business of such person, or at such other place as the investigator and the person thereafter may agree and prescribe in writing, or as the court may direct pursuant to subsection (k)(1). Such material shall be made so available on the return date specified in such demand, or on such later date as the investigator may prescribe in writing. Such person may, upon written agreement between the person and the investigator, substitute copies for originals of all or any part of such material. Each interrogatory in a civil investigative demand served pursuant to this section shall be— answered separately and fully in writing under oath; and submitted under a sworn certificate, in such form as the demand designates, by— in the case of a natural person, the person to whom the demand is directed; or in the case of a person other than a natural person, the person or persons responsible for answering each interrogatory. Each certificate submitted pursuant to paragraph (1)(B) shall state that all information required by the demand and in the possession, custody, control, or knowledge of the person to whom the demand is directed has been submitted. To the extent that any information is not furnished, the information shall be identified and reasons set forth with particularity regarding the reasons why the information was not furnished. If any interrogatory is objected to, the reasons for the objection shall be stated in the certificate instead of an answer. The examination of any person pursuant to a civil investigative demand for oral testimony served pursuant to this section shall be taken before an officer authorized to administer oaths and affirmations by the laws of the United States or of the place where the examination is held. The officer before whom the testimony is to be taken shall place the witness under oath or affirmation and shall personally, or by someone acting under the direction of the officer and in the officer’s presence, record the testimony of the witness. The testimony shall be taken stenographically and transcribed. When the testimony is fully transcribed, the officer before whom the testimony is taken shall promptly transmit a copy of the transcript of the testimony to the custodian. Nothing in this subsection may be construed to preclude the taking of testimony by any means authorized by, and in a manner consistent with, the Federal Rules of Civil Procedure. The investigator conducting the examination shall exclude from the place where the examination is held all persons except the person giving the testimony, the attorney for and any other representative of the person giving the testimony, the attorney for the Government, any person who may be agreed upon by the attorney for the Government and the person giving the testimony, the officer before whom the testimony is to be taken, and any stenographer taking such testimony. The oral testimony of any person taken pursuant to a civil investigative demand served pursuant to this section shall be taken in the judicial district of the United States within which such person resides, is found, or transacts business, or in such other place as may be agreed upon by the investigator conducting the examination and such person. When the testimony is fully transcribed, the investigator or the officer before whom the testimony is taken shall afford the witness (who may be accompanied by counsel) a reasonable opportunity to examine and read the transcript, unless such examination and reading are waived by the witness. Any changes in form or substance which the witness desires to make shall be entered and identified upon the transcript by the officer or the investigator with a statement of the reasons given by the witness for making such changes. The transcript shall be signed by the witness, unless the witness in writing waives the signing, is ill, cannot be found, or refuses to sign. If the transcript is not signed by the witness within 30 days after being afforded a reasonable opportunity to examine it, the officer or the investigator shall sign it and state on the record the fact of the waiver, illness, absence of the witness, or the refusal to sign, together with the reason, if any, given for such circumstance. The officer before whom the testimony is taken shall certify on the transcript that the witness was duly sworn by the officer and that the transcript is a true record of the testimony given by the witness. The officer or investigator shall promptly deliver the transcript or send it by registered or certified mail to the custodian. Upon payment of reasonable charges, the investigator shall furnish a copy of the transcript to the witness only, except that the Attorney General, or the Attorney General’s designee may, for good cause, limit such witness to inspection of the official transcript of the witness’s testimony. Any person compelled to appear for oral testimony under a civil investigative demand issued pursuant to subsection (a) may be accompanied, represented, and advised by counsel. Counsel may advise such person, in confidence, with respect to any question asked of such person. Such person or counsel may object on the record to any question, in whole or in part, and shall briefly state for the record the reason for such objection. An objection may be made, received, and entered upon the record when it is claimed that such person is entitled to refuse to answer the question on the grounds of any constitutional or other legal right or privilege, including the privilege against self-incrimination. Such person may not otherwise object to or refuse to answer any question, and may not directly or through counsel otherwise interrupt the oral examination. If such person refuses to answer any question, a petition may be filed in the district court of the United States pursuant to subsection (k)(1) for an order compelling such person to answer such question. If a person described in subparagraph (A) refuses to answer any question on the grounds of the privilege against self-incrimination, the testimony of such person may be compelled in accordance with the provisions of part V of title 18, United States Code. Any person appearing for oral testimony under a civil investigative demand issued pursuant to subsection (a) shall be entitled to the same fees and allowances that are paid to witnesses in the district courts of the United States. The Attorney General, or the Attorney General's designee shall designate— an investigator to serve as custodian of documentary material, answers to interrogatories, and transcripts of oral testimony received under this section; and such additional investigators as the Attorney General or designee determines from time to time to be necessary to serve as deputies of the custodian. An investigator who receives any documentary material, answers to interrogatories, or transcripts of oral testimony under this section shall transmit such material to the custodian, who— shall take physical possession of such material, answers, or transcripts; and shall be responsible for the use made of them and for the return of documentary material in accordance with paragraph (4). The custodian may cause the preparation of such copies of such documentary material, answers to interrogatories, or transcripts of oral testimony as may be required for official use by any investigator, or other officer or employee of the Department of Justice. Such material, answers, and transcripts may be used by any such authorized investigator or other officer or employee in connection with the taking of oral testimony under this section. Except as otherwise provided in this subsection, no documentary material, answers to interrogatories, or transcripts of oral testimony, or copies thereof, while in the possession of the custodian, may be made available for examination by any individual other than an investigator or other officer or employee of the Department of Justice authorized under subparagraph (B). Such prohibition on the availability of material, answers, or transcripts shall not apply if consent is given by the person who produced such material, answers, or transcripts, or, in the case of any product of discovery produced pursuant to an express demand for such material, consent is given by the person from whom the discovery was obtained. Nothing in this subparagraph may be construed to prevent disclosure to Congress, including any congressional committee or subcommittee, or to any other agency of the United States for use by such agency in furtherance of its statutory responsibilities. While in the possession of the custodian and under such reasonable terms and conditions as the Attorney General shall prescribe— documentary material and answers to interrogatories shall be available for examination by the person who produced such material or answers, or by a representative of that person authorized by that person to examine such material and answers; and transcripts of oral testimony shall be available for examination by the person who produced such testimony, or by a representative of that person authorized by that person to examine such transcripts. Whenever any attorney of the Department of Justice has been designated to appear before any court, grand jury, or Federal agency in any case or proceeding, the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony received under this section may deliver to such attorney such material, answers, or transcripts for official use in connection with any such case or proceeding as such attorney determines to be required. Upon the completion of any such case or proceeding, such attorney shall return to the custodian any such material, answers, or transcripts so delivered that have not passed into the control of such court, grand jury, or agency through the introduction thereof into the record of such case or proceeding. The custodian, upon written request of the person who produced any documentary material in the course of any investigation pursuant to a civil investigative demand under this section, shall return to such person any such material (other than copies furnished to the investigator pursuant to subsection (g)(2) or made for the Department of Justice pursuant to paragraph (2)(B)) that has not passed into the control of any court, grand jury, or agency through introduction into the record of such case or proceeding if— any case or proceeding before the court or grand jury arising out of such investigation, or any proceeding before any Federal agency involving such material, has been completed; or no case or proceeding in which such material may be used has been commenced within a reasonable time after completion of the examination and analysis of all documentary material and other information assembled in the course of such investigation. In the event of the death, disability, or separation from service in the Department of Justice of the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony produced pursuant to a civil investigative demand under this section, or in the event of the official relief of such custodian from responsibility for the custody and control of such material, answers, or transcripts, the Attorney General or the Attorney General’s designee shall promptly— designate another investigator to serve as custodian of such material, answers, or transcripts; and transmit in writing to the person who produced such material, answers, or testimony notice of the identity and address of the successor so designated. Any person who is designated to be a successor pursuant to this paragraph shall have, with regard to such material, answers, or transcripts, the same duties and responsibilities as were imposed by this section upon the predecessor in office of such person, except that the successor shall not be held responsible for any default or dereliction that occurred before such designation. Whenever any person fails to comply with any civil investigative demand issued pursuant to subsection (a), or whenever satisfactory copying or reproduction of any material requested in such demand cannot be done and such person refuses to surrender such material, the Attorney General may file, in the district court of the United States for any judicial district in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of such civil investigative demand. Any person who has received a civil investigative demand issued pursuant to subsection (a) may file, in the district court of the United States for the judicial district in which such person resides, is found, or transacts business, and serve upon the investigator identified in such demand a petition for an order of the court to modify or set aside such demand. In the case of a petition addressed to an express demand for any product of discovery, a petition to modify or set aside such demand may be brought only in the district court of the United States for the judicial district in which the proceeding in which such discovery was obtained is or was last pending. Any petition under this subparagraph shall be filed— not later than the earlier of— the date that is 20 days after the date of service of the civil investigative demand; or at any time before the return date specified in the demand; or within such longer period as may be prescribed in writing by any investigator identified in the demand. Each petition filed pursuant to subparagraph (A) shall specify each ground upon which the petitioner relies in seeking relief, and may be based upon any failure of the demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of such person. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the demand, in whole or in part, except that the person filing the petition shall comply with any portions of the demand not sought to be modified or set aside. If a civil investigative demand issued pursuant to subsection (a) is an express demand for any product of discovery, the person from whom such discovery was obtained may file, in the district court of the United States for the judicial district in which the proceeding in which such discovery was obtained is or was last pending, and serve upon any investigator identified in the demand and upon the recipient of the demand, a petition for an order of such court to modify or set aside those portions of the demand requiring production of any such product of discovery. Any petition under this subparagraph shall be filed— not later than the earlier of— the date that is 20 days after the date of service of the civil investigative demand; or at any time before the return date specified in the demand; or within such longer period as may be prescribed in writing by any investigator identified in the demand. Each petition filed pursuant to subparagraph (A) shall specify each ground upon which the petitioner relies in seeking relief, and may be based upon any failure of the portions of the demand from which relief is sought to comply with the provisions of this section, or upon any constitutional or other legal right or privilege of the petitioner. During the pendency of the petition, the court may stay, as it deems proper, compliance with the demand and the running of the time allowed for compliance with the demand. At any time during which any custodian is in custody or control of any documentary material or answers to interrogatories produced, or transcripts of oral testimony given, by any person in compliance with any civil investigative demand issued pursuant to subsection (a), such person, and in the case of an express demand for any product of discovery, the person from whom such discovery was obtained, may file, in the district court of the United States for the judicial district in which the office of such custodian is situated, and serve upon such custodian, a petition for an order of such court to require the performance by the custodian of any duty imposed upon the custodian by this section. Whenever any petition is filed in any district court of the United States pursuant to this subsection, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry out the provisions of this section. Any final order so entered shall be subject to appeal under section 1291 of title 28, United States Code. Any disobedience of any final order entered under this section by any court shall be punished as a contempt of the court. The Federal Rules of Civil Procedure shall apply to any petition filed pursuant to this subsection, to the extent that such rules are not inconsistent with the provisions of this section. Any documentary material, answers to written interrogatories, or oral testimony provided under any civil investigative demand issued under subsection (a) shall be exempt from disclosure under section 552 of title 5, United States Code, as described in subsection (b)(3) of such section. In this section: The term custodian means the custodian, or any deputy custodian, designated by the Attorney General pursuant to subsection (j)(1). The term investigator means any attorney or investigator employed by the Department of Justice who is charged with the duty of enforcing or carrying into effect this Act, or any officer or employee of the United States acting under the direction and supervision of such attorney or investigator in connection with an investigation. The term official use means any use that is consistent with the law and the regulations and policies of the Department of Justice, including— use in connection with internal Department of Justice memoranda and reports; communications between the Department of Justice and a Federal, State, or local government agency, or a contractor of a Federal, State, or local government agency, undertaken in furtherance of a Department of Justice investigation or prosecution of a case; oral examinations; depositions; preparation for and response to civil discovery requests; introduction into the record of a case or proceeding; applications, motions, memoranda and briefs submitted to a court or other tribunal; and communications with Government investigators, auditors, consultants and experts, the counsel of other parties, arbitrators and mediators, concerning an investigation, case or proceeding. The term product of discovery includes— the original or duplicate of any deposition, interrogatory, document, thing, result of the inspection of land or other property, examination, or admission, which is obtained by any method of discovery in any judicial or administrative proceeding of an adversarial nature; any digest, analysis, selection, compilation, or derivation of any item listed in subparagraph (A); and any index or other manner of access to any item listed in subparagraph (A). The authority of the Attorney General to issue a civil investigative demand under this section shall expire upon the expiration of the 5-year period that begins on the date of enactment of this section.

106. Effective date The amendments made by this subtitle shall take effect on the date that is 180 days after the date of the enactment of this Act.

108B. Reporting requirements with respect to participation by United States entities in cultural exchange programs involving the People’s Republic of China It is the sense of Congress that State and local entities in the United States and other organizations and individuals in the United States who sponsor, carry out, or otherwise participate in cultural, educational, or economic exchange programs with the People’s Republic of China should adopt measures to facilitate rigorous oversight of such programs and corresponding activities conducted pursuant to such programs, including compliance with the oversight requirements described in this section, as applicable. Not later than 30 days before entering into an agreement to establish or reestablish any exchange program that involves the Government of the People’s Republic of China, the Secretary shall certify to the appropriate congressional committees that— establishing or reestablishing such program is in the national interests of the United States; such program will adhere to the purposes set forth in section 101; and the Department of State has established mechanisms requiring each United States entity supporting or carrying out such program to submit to the Department of State, not later than October 30 of each year, a report that includes, with respect to all programs in which executive branch employees or nongovernmental employees participated in the most recently concluded fiscal year— the total number of cultural exchange activities conducted by such entity pursuant to section 108A; a description and purpose of each such activity; a detailed agenda or itinerary for each such activity; the total number and agency affiliations of the participants of each such activity; any indication of whether any of the participants during the reporting period participated in another activity authorized under section 108A that involves the People’s Republic of China during the preceding 2-year period; and a summary of any feedback that was collected on a voluntary basis from participants in an activity authorized under section 108A, including any actions or behavior by the People’s Republic of China that potentially undermine the purposes of set forth in section 101; and the Department of State has established mechanisms requiring each United States entity supporting or carrying out such program to submit to the Department of State, not less frequently than annually, a report that includes, with respect to all programs in which legislative branch employees participate— the total number of cultural exchange activities conducted by the entity pursuant to section 108A; a description and purpose of each such activity; a detailed agenda or itinerary for each such activity; the total number and congressional affiliations of the participants of each such activity; any indication of whether any of the participants during the reporting period participated in another activity authorized under section 108A that involves the People’s Republic of China during the preceding 2-year period; and a summary of any feedback that was collected on a voluntary basis from participants in, or observers of, an activity authorized under section 108A, including any actions or behavior by the People’s Republic of China that potentially undermines the purposes set forth in section 101. Not later than 1 year after establishing or reestablishing a cultural exchange program described in subsection (b), and annually thereafter through September 30, 2029, the Secretary shall submit a certification to the appropriate congressional committees that indicates whether— the continuation of such exchange program is in the national interests of the United States, including a justification for such assessment; the program is adhering to the purposes set forth in section 101, including a justification for such assessment; and the mechanisms described in paragraphs (3) and (4) of subsection (b) provide the Department of State sufficient transparency and oversight of such program and its activities, and an explanation of such mechanisms. If the Secretary fails to certify that all of the requirements described under paragraph (1) have been met with respect to a cultural exchange program described in subsection (b), the Secretary shall— suspend such program until the Secretary is able make such a certification; or terminate the corresponding agreement described in subsection (b). The Secretary shall include, with the annual certification required under subsection (c), a detailed summary of the reports received pursuant to paragraphs (3) and (4) of subsection (b) from United States entities that are carrying out or otherwise participating in a cultural exchange program that involves the Government of the People’s Republic of China. The summary required under paragraph (1) shall include, with respect to the reporting period— the total number of cultural exchange programs conducted; the total number of participants in such cultural exchange programs; a list of the agency that employs each such participant; an overview of such cultural exchange programs, including the inclusion of not fewer than 3 sample itineraries or agendas and illustrative examples of activities in which participants engaged; an assessment of whether such cultural programs comply with purposes set forth in section 101, including a description of any noticeable deviations from such purposes; a description of all actions taken by the Department of State to remediate deviations from such purposes; and a detailed rationale for continuing each such program despite any deviations described in such summary. The summary required under paragraph (1) shall be submitted in unclassified form. The Secretary shall promulgate regulations to disqualify any United States entity from carrying out any activities associated with a cultural exchange program described in subsection (b) if such entity fails to comply with the reporting requirements described in subsection (b)(4) until the sooner of— 1 year after the first day of such disqualification; or the date on which such entity is in full compliance with the reporting requirements described in subsection (b)(4). Any legislative branch employee who participates in an activity covered by an agreement described in subsection (b) with the People’s Republic of China shall notify the congressional entities listed in paragraph (2)— not later than 10 days before the beginning of such activity, of the dates of travel, the agenda or itinerary of such activity as of the date of submission, and an indication of whether the employee has participated in an activity covered by such an agreement during either of the preceding 2 calendar years; and not later than 10 days after the end of such activity, of the final agenda or itinerary relating to such activity. The congressional entities listed in this paragraph are— the majority leader and minority leader of the Senate; the Select Committee on Ethics of the Senate; the Committee on Foreign Relations of the Senate; the Speaker and minority leader of the House of Representatives; the Committee on Ethics of the House of Representatives; and the Committee on Foreign Affairs of the House of Representatives. In order to monitor and evaluate activities covered by an agreement described in subsection (b) to ensure compliance with the purposes set forth in section 101, United States diplomats shall be permitted to observe activities in which— executive branch employees participate; or legislative branch employees participate, with the concurrence of such legislative branch employees. The Secretary shall promulgate regulations to carry out this section.

115. Notification requirement for participation of Department of State and USAID officials in private events that include the participation of specially designated and blocked persons In this section: The term officials means 1 or more individuals who are employed directly or through a contractual arrangement by the Department of State or the United States Agency for International Development. The term private event means any organized workshop, conference, forum, summit, or other gathering that is primarily organized and financially sponsored by an organization, business, or other entity that is not part of the United States Government, a foreign government, or a multilateral institution. Not later than 15 days before officials attend a private event held outside the United States involving the participation of an individual or entity on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control, the Secretary or the Administrator of the United States Agency for International Development shall submit a notification to the appropriate congressional committees that includes— the name, position, and relevant department or agency of such officials; the name, organizers, and dates of the private event; the names of all specially designated nationals who will be attending the private event; and a certification and associated justification that the participation of the officials in a private event alongside specially designated nationals is in the national interest of the United States. No Federal funds may be used to support any private event held outside the United States that— promotes commercial engagement, including with the United States private sector; and includes the participation of specially designated nationals or blocked persons.

116. Determination with respect to imposition of sanctions with respect to United Front Work Department of Chinese Communist Party In this section, the term appropriate committees of Congress means— the Committee on Armed Services of the Senate; the Committee on Foreign Relations of the Senate; the Select Committee on Intelligence of the Senate; the Committee on Banking, Housing, and Urban Affairs of the Senate; the Committee on the Judiciary of the Senate; the Committee on Armed Services of the House of Representatives; the Committee on Foreign Affairs of the House of Representatives; the Permanent Select Committee on Intelligence of the House of Representatives; the Committee on Financial Services of the House of Representatives; and the Committee on the Judiciary of the House of Representatives. Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a determination, including a detailed justification, of whether the United Front Work Department of the Chinese Communist Party, or any component or official of such Department, meets the criteria for the application of sanctions pursuant to— section 1263 of the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10102); section 6 of the Uyghur Human Rights Policy Act of 2020 (Public Law 116–145; 22 U.S.C. 6901 note); section 7 of the Hong Kong Human Rights and Democracy Act of 2019 (Public Law 116–76); Executive Order 13694 (50 U.S.C. 1701 note; relating to blocking property of certain persons engaged in significant malicious cyber-enabled activities); or Executive Order 13848 (50 U.S.C. 1701 et seq.; relating to foreign interference in United States elections). The determination required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.

117. Department of State list of foreign talent recruitment programs of the PRC Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Attorney General, the Secretary of Defense, and the Director of National Intelligence, shall compile and publish in the Federal Register a list of foreign talent recruitment programs of the People’s Republic of China. Not less frequently than annually, the Secretary shall— review and revise the list compiled pursuant to subsection (a); and publish such revised list in the Federal Register.

118. Oversight on climate cooperation with the PRC Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary shall submit a report to the appropriate congressional committees that describes United States climate-related engagements with the PRC, including— all dialogues, working groups, and bilateral or multilateral climate-related engagements with the PRC; all United States and PRC entities participating in collaborative projects on climate-related issues resulting from United States climate-related diplomatic engagements, agreements, or initiatives with the PRC; all joint economic projects related to United States-PRC diplomatic engagements, agreements, or initiatives related to climate; and all subnational climate-related diplomacy facilitated by the United States Government or resulting from United States-PRC climate-related diplomatic engagements, agreements, or initiatives, including— the United States, States, local governments, academic or research institutions, think tanks, commercial entities, or other organizations participating in such initiatives; and PRC national or provincial government entities, academic or research institutions, think tanks, commercial entities, or other organizations participating in such initiatives. The report required under paragraph (1) shall be submitted in unclassified form. Notwithstanding any other provision of law, climate-related engagement may not, on its own, form the basis of any decision to grant an exemption, approval, allowance, or exception from— any statutory or regulatory actions or requirements related to sanctions, export controls, foreign agent registration or lobbying disclosure requirements; or any other United States statutory and regulatory requirements pertaining to the PRC.

119. Restriction on issuance of visas The Secretary may not issue a visa to, and the Secretary of Homeland Security shall deny entry to, the United States of— senior officials of the Chinese Communist Party, including the Politburo, the Central Committee, and delegates to the 19th National Congress of the Chinese Communist Party; spouses and children of any senior official described in paragraph (1); members of the cabinet of the Government of the People’s Republic of China; active duty members of the People’s Liberation Army of China; or applicants from PRC universities that have a Memorandum of Understanding (referred to in this paragraph as MOU) or other research or academic exchange agreement with a United States institution of higher education, and are seeking to study or work in the United States pursuant to such an agreement, unless— the United States university has submitted such MOU or similar agreement for a security review by the Secretary of State and other relevant Federal agencies; and the Secretary of State, in coordination with other relevant agencies, has determined such MOU or similar agreement— has sufficient safeguards against illicit knowledge and technology transfer to the PRC; and does not facilitate foreign malign influence. The restriction under subsection (a) shall not apply during any fiscal year in which the Director of National Intelligence certifies to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that the Government of the PRC has ceased sponsoring, funding, facilitating, and actively working to support efforts to infringe on the intellectual property rights of citizens and companies of the United States.

120. Modifying information about countries exporting methamphetamine included in the annual international narcotics control strategy report Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended— in the matter preceding paragraph (1), by striking March 1 and inserting June 1; and in paragraph (8)(A)(i), by striking pseudoephedrine and all that follows through chemicals) and inserting chemical precursors used in the production of methamphetamine that significantly affected the United States. In this subsection: The term appropriate committees of Congress means— the Committee on the Judiciary of the Senate; the Committee on Foreign Relations of the Senate; the Committee on the Judiciary of the House of Representatives; and the Committee on Foreign Affairs of the House of Representatives. The term China means the People’s Republic of China. The term DEA means the Drug Enforcement Administration. Not later than 180 days after the date of the enactment of this Act, the Secretary and the Attorney General shall jointly submit to the appropriate committees of Congress an unclassified written report, with a classified annex, that includes— a description of United States Government efforts to gain a commitment from the Government of China to submit unregulated fentanyl precursors, such as 4–Aminopyridine, to controls; a plan for future steps the United States Government will take to urge the Government of China to combat illicit fentanyl production and trafficking originating in China; a detailed description of cooperation by the Government of China to address the role of the Chinese financial system and Chinese money laundering organizations in the trafficking of fentanyl and synthetic opioid precursors; an assessment of expected impact that the designation of principal corporate officers of Chinese financial institutions for facilitating narcotics-related money laundering would have on Chinese money laundering organizations; and an assessment of whether the Trilateral Fentanyl Committee, which was established by the United States, Canada, and Mexico during the January 2023 North American Leaders’ Summit, is improving cooperation with law enforcement and financial regulators in Canada and Mexico to combat the role of Chinese financial institutions and Chinese money laundering organizations in narcotics trafficking. Not later than 180 days after the date of the enactment of this Act, the Secretary and the Attorney General shall jointly provide to the appropriate committees of Congress a classified briefing regarding— outreach and negotiations that have been undertaken by the United States Government with the Government of China aimed at securing the approval of the Government of China to establish United States Drug Enforcement Administration offices in Shanghai and Guangzhou, China; and additional efforts that have been undertaken to establish new partnerships with provincial-level authorities in China to counter the illicit trafficking of fentanyl, fentanyl analogues, and their precursors. Section 7211 of the Fentanyl Sanctions Act (21 U.S.C. 2311) is amended— in subsection (a)— by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and by inserting after paragraph (2) the following: In this paragraph, the term person of the Peoples Republic of China means— an individual who is a citizen or national of the People’s Republic of China; or an entity organized under the laws of the People’s Republic of China or otherwise subject to the jurisdiction of the Government of the People’s Republic of China. In preparing the report required under paragraph (1), the President shall prioritize, to the greatest extent practicable, the identification of persons of the People’s Republic of China involved in the shipment of fentanyl, fentanyl analogues, fentanyl precursors, precursors for fentanyl analogues, pre-precursors for fentanyl and fentanyl analogues, and equipment for the manufacturing of fentanyl and fentanyl-laced counterfeit pills to Mexico or any other country that is involved in the production of fentanyl trafficked into the United States, including— any entity involved in the production of pharmaceuticals; and any person that is acting on behalf of any such entity. The President shall continue the prioritization required under subparagraph (B) until the President certifies to the appropriate congressional committees that the People’s Republic of China is no longer the primary source for the shipment of fentanyl, fentanyl analogues, fentanyl precursors, precursors for fentanyl analogues, pre-precursors for fentanyl and fentanyl analogues, and equipment for the manufacturing of fentanyl and fentanyl-laced counterfeit pills to Mexico or any other country that is involved in the production of fentanyl trafficked into the United States. in subsection (c), by striking the date that is 5 years after such date of enactment and inserting December 31, 2030. Section 7212 of the Fentanyl Sanctions Act (21 U.S.C. 2312) is amended— in paragraph (1), by striking or at the end; in paragraph (2), by striking the period at the end and inserting a semicolon; and by adding at the end the following: the President determines has knowingly engaged in, or attempted to engage in, an activity or transaction that has materially contributed to opioid trafficking; or the President determines— has received any property or interest in property that the foreign person knows— constitutes or is derived from the proceeds of an activity or transaction described in paragraph (1); or was used or intended to be used to commit or to facilitate such an activity or transaction; has knowingly provided, or attempted to provide, financial, material, or technological support for, including through the provision of goods or services in support of— any activity or transaction described in paragraph (1); or any foreign person described in paragraph (1); or is or has been owned, controlled, or directed by any foreign person described in paragraph (1) or subparagraph (A) or (B), or has knowingly acted or purported to act for or on behalf of, directly or indirectly, such a foreign person. The President shall— impose one or more of the sanctions described in section 7213 of the Fentanyl Sanctions Act (21 U.S.C. 2313) with respect to each agency or instrumentality of a foreign state (as defined in section 1603(b) of title 28, United States Code) that the President determines— has engaged in, or attempted to engage in, an activity or transaction that has materially contributed to opioid trafficking; or has provided, or attempted to provide, financial, material, or technological support for, (including through the provision of goods or services in support of) any activity or transaction described in subparagraph (A); or impose the sanction described in section 7213(a)(6) of the Fentanyl Sanctions Act (21 U.S.C. 2313(a)(6)) on each foreign person the President determines— is a senior official of an agency or instrumentality of a foreign state described in paragraph (1); or is or has been owned, controlled, or directed by an agency or instrumentality of a foreign state described in paragraph (1), or has knowingly acted or purported to act for or on behalf of, directly or indirectly, such a foreign state. (3)Prioritization(A)Defined termIn this paragraph, the term person of the Peoples Republic of China means—(i)an individual who is a citizen or national of the People’s Republic of China; or(ii)an entity organized under the laws of the People’s Republic of China or otherwise subject to the jurisdiction of the Government of the People’s Republic of China.(B)In generalIn preparing the report required under paragraph (1), the President shall prioritize, to the greatest extent practicable, the identification of persons of the People’s Republic of China involved in the shipment of fentanyl, fentanyl analogues, fentanyl precursors, precursors for fentanyl analogues, pre-precursors for fentanyl and fentanyl analogues, and equipment for the manufacturing of fentanyl and fentanyl-laced counterfeit pills to Mexico or any other country that is involved in the production of fentanyl trafficked into the United States, including—(i)any entity involved in the production of pharmaceuticals; and(ii)any person that is acting on behalf of any such entity.(C)Termination of prioritizationThe President shall continue the prioritization required under subparagraph (B) until the President certifies to the appropriate congressional committees that the People’s Republic of China is no longer the primary source for the shipment of fentanyl, fentanyl analogues, fentanyl precursors, precursors for fentanyl analogues, pre-precursors for fentanyl and fentanyl analogues, and equipment for the manufacturing of fentanyl and fentanyl-laced counterfeit pills to Mexico or any other country that is involved in the production of fentanyl trafficked into the United States.; and (3)the President determines has knowingly engaged in, or attempted to engage in, an activity or transaction that has materially contributed to opioid trafficking; or(4)the President determines—(A)has received any property or interest in property that the foreign person knows—(i)constitutes or is derived from the proceeds of an activity or transaction described in paragraph (1); or(ii)was used or intended to be used to commit or to facilitate such an activity or transaction;(B)has knowingly provided, or attempted to provide, financial, material, or technological support for, including through the provision of goods or services in support of—(i)any activity or transaction described in paragraph (1); or(ii)any foreign person described in paragraph (1); or(C)is or has been owned, controlled, or directed by any foreign person described in paragraph (1) or subparagraph (A) or (B), or has knowingly acted or purported to act for or on behalf of, directly or indirectly, such a foreign person..

121. Report on violations of American Diplomatic Corps privileges and immunities Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall submit a report to the appropriate congressional committees that includes— a detailed description of each case when United States diplomats had their privileges and immunities (as set forth in the Convention on Diplomatic Relations, done at Vienna April 18, 1961) were violated while serving in the PRC; and a review of efforts undertaken by the Department of State to mitigate or otherwise respond to such violations of United States diplomats’ privileges and immunities.

122. Annual report on the PRC's diplomatic mission engagements Not later than March 1, 2024, and annually thereafter, the Secretary shall submit a report to the appropriate congressional committees that details all official meetings, conferences, events, activities, or travel within the United States organized or participated in by PRC diplomatic missions in the United States that were approved by or notified to the Office of Foreign Missions. The report required under subsection (a) shall include— the date, time, and location of the engagement; the purpose and nature of the engagement, including any official meetings, conferences, events, or activities organized or participated in by the PRC diplomatic missions; the format of the engagement, including in-person, on-site, virtually, or any other format that was approved by or notified to the Office of Foreign Missions; the identities and official positions of all individuals involved in the engagement, including members of the PRC diplomatic missions and host organizations; a detailed description of the topics, matters, or issues discussed or addressed during the engagement; any agreements, arrangements, or memoranda of understanding reached during the engagement; any security or legal concerns raised or addressed as a result of the engagement; a summary of the Department of State’s evaluation of the potential impact of the engagement on United States national security, foreign policy, and economic interests; any actions or measures taken by the Department of State to address concerns or mitigate risks related to the engagement; and any other relevant information deemed necessary by the Secretary. The report required under subsection (a) may be submitted in classified or unclassified form.

123. Restrictions on foreign missions of the PRC in elementary and secondary schools in the United States In this section: The term covered school means a public or private elementary school or secondary school in the United States that receives Federal funds. The terms elementary school and secondary school have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). A foreign mission of the PRC in the United States may not engage in any activity described in subsection (c) with a covered school unless United States missions in the PRC have comparable access to educational institutions in the PRC. Activities described in this subsection are— providing financial support to a covered school; offering educational materials, textbooks, or curriculum resources to a covered school; organizing a seminar, lecture, or other event at a covered school; conducting political propaganda or promoting the interests of the Chinese Communist Party, the Government of the PRC, or affiliated groups in any form at a covered school; establishing or funding a Confucius Institute or similar language or cultural entity at a covered school; coordinating a visit or exchange of students, teachers, or administrators of a covered school to the PRC or with the Government of the PRC or entities or members of the Chinese Communist Party; and any other activity that may compromise the academic independence and objectivity of elementary and secondary school education in the United States. Any covered school that discovers any attempt by a foreign mission of the PRC to engage in an activity described in subsection (c) at the covered school shall immediately report such attempt to the Department of State and the Federal Bureau of Investigation. The Secretary, in coordination with the heads of relevant Federal agencies, may impose appropriate sanctions, including the sanctions described in subparagraph (B), with respect to any foreign mission of the PRC that has engaged in an activity described in subsection (c) with a covered school. The sanctions described in this paragraph— diplomatic protests; restrictions on the travel and activities of diplomatic personnel of the PRC; revocation or restriction of diplomatic privileges and immunities for such personnel; expulsion of such personnel; and any other measures that the Secretary deems necessary to protect the academic independence and objectivity of elementary and secondary school education in the United States. Not later than 14 days after any attempt by a foreign mission of the PRC to engage in an activity described in subsection (c), the Secretary shall submit a report describing such attempted engagement to the appropriate congressional committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives.

124. Office of the Special Envoy for Critical and Emerging Technology In this section, the term critical and emerging technologies means the technologies listed on the critical and emerging technologies list published by the National Science and Technology Council at the Office of Science and Technology Policy, as amended by subsequent updates to such list. The Secretary shall establish an Office of the Special Envoy for Critical and Emerging Technology (referred to in this section as the Office), which shall be located within the Bureau of Cyberspace and Digital Policy. The Office shall be headed by a Special Envoy for Critical and Emerging Technology (referred to in this section as the Special Envoy), who shall— be appointed by the President, by and with the advice and consent of the Senate; have the rank and status of ambassador; and report to the Ambassador at Large for Cyberspace and Digital Policy. The Office may include representatives, or expert detailees from key Federal agencies or research and technology-focused fellowship programs, as determined by the Special Envoy and with the consent of the Ambassador-at-Large for Cyberspace and Digital Policy, in coordination with appropriate senior officials of such agencies. The Office shall— establish, in coordination with relevant bureaus, offices, and other Federal agencies, an interagency security review process for proposals regarding United States Government-funded international collaboration on critical and emerging technologies and associated research; establish and coordinate an interagency strategy to facilitate international cooperation with United States allies and partners regarding the development, use, and deployment of critical and emerging technologies and associated standards and safeguards for research security, intellectual property protection, and illicit knowledge transfer; facilitate technology partnerships, particularly with countries and relevant political and economic unions that are committed to— the rule of law and respect for human rights, including freedom of speech and expression; the safe and responsible development and use of critical and emerging technologies and the establishment of related norms and standards, including for research security and the protection of sensitive data and technology; a secure internet architecture governed by a multi-stakeholder model instead of centralized government control; robust international cooperation to promote open and interoperable technological products and services that are necessary to freedom, innovation, transparency, and privacy; and multilateral coordination, including through diplomatic initiatives, information sharing, and other activities, to defend the principles described in subparagraphs (A) through (D) against efforts by state and non-state actors to undermine them; support efforts to harmonize technology governance regimes with partners by— coordinating on basic and pre-competitive research and development initiatives; and collaborating to pursue such opportunities in certain critical and emerging technologies; coordinate with other technology partners regarding export control policies for critical and emerging technologies by countering illicit knowledge and data transfer relating to critical and emerging technology research; conduct diplomatic engagement, in coordination with other bureaus, offices, and relevant Federal departments and agencies, with allies and partners to develop standards and coordinate policies designed to counter illicit knowledge and data transfer in academia relating to critical and emerging technology research; coordinate with allies, partners, and other relevant Federal agencies to prevent the exploitation of research partnerships related to critical and emerging technologies; in coordination with the Bureau for Cyberspace and Digital Policy’s Digital Freedom Unit, share information regarding— the threat posed by the transfer of critical and emerging technologies to authoritarian governments, including the PRC and the Russian Federation; and the ways in which autocratic regimes are utilizing technology to erode individual freedoms and other foundations of open, democratic societies; and collaborate with private companies, trade associations, and think tanks to carry out the functions described in paragraphs (1) through (8). Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary, in coordination with the Director of National Intelligence and other relevant Federal agencies, as appropriate, shall submit to the appropriate congressional committees an unclassified report, with a classified index, if necessary, regarding— the activities of the Office described in subsection (e), including— any cooperative initiatives and partnerships pursued with United States allies and partners; and the results of such activities, initiatives, and partnerships; and the activities of the Government of the PRC, the Chinese Communist Party, and the Russian Federation in sectors related to certain critical and emerging technologies and the threats they pose to the United States; and an inventory of all international research and development programs for critical and emerging technologies funded by the United States Government that include participation by institutions or organizations that are affiliated with or receive support from the Government of the PRC or the Government of the Russian Federation.

125. Enhanced congressional notification regarding science and technology agreements with the PRC Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended by adding at the end the following: In this section: The term appropriate congressional committees means— the Committee on Foreign Relations of the Senate; and the Committee on Foreign Affairs of the House of Representatives. The term science and technology agreement means any treaty, memorandum of understanding, or other contract or agreement between the United States and 1 or more foreign countries for the purpose of— collaborating on or otherwise engaging in joint activities relating to scientific research, technological development; or sharing scientific or technical knowledge or resources between such countries. The Secretary of State may not enter into, renew, or extend any science and technology agreement with the People’s Republic of China unless— the Secretary submits to the appropriate congressional committees a notification containing each of the matters described in subsection (c); and a period of not less than 30 days has elapsed following such submission. The matters described in this subsection are, with respect to the science and technology agreement for which a notification is submitted— a written notice of such agreement, including the full text of such agreement; a detailed justification for such agreement, including an explanation for why such agreement is in the national security interests of the United States; an assessment of the risks and potential effects of such agreement, including any potential for the transfer under such agreement of technology or intellectual property capable of harming the national security interests of the United States; a detailed justification for how the Secretary of State intends to address human rights concerns in any scientific and technology collaboration proposed to be conducted under such agreement; an assessment of the extent to which the Secretary will be able to continuously monitor the commitments made by the People’s Republic of China under such agreement; and such other information relating to such agreement as the Secretary may be determine appropriate. In this subsection, the terms appropriate congressional committees and science and technology agreement have the meanings given such terms in section 65(a) of the State Department Basic Authorities Act of 1956, as added by subsection (a),. The requirements under section 65 of such Act shall apply with respect to science and technology agreements entered into, renewed, or extended on or after the date of the enactment of this Act. Any science and technology agreement between the Secretary of State and the PRC in effect as of the date of the enactment of this Act shall be revoked unless, not later than 60 days after the date of the enactment of this Act, the Secretary submits to the appropriate congressional committees a notification of such agreement containing each of the matters described in section 65(c) of such Act. 65.Congressional notification regarding science and technology agreements with the People’s Republic of China(a)DefinitionsIn this section:(1)Appropriate congressional committeesThe term appropriate congressional committees means—(A)the Committee on Foreign Relations of the Senate; and(B)the Committee on Foreign Affairs of the House of Representatives.(2)Science and technology agreementThe term science and technology agreement means any treaty, memorandum of understanding, or other contract or agreement between the United States and 1 or more foreign countries for the purpose of—(A)collaborating on or otherwise engaging in joint activities relating to scientific research, technological development; or (B)sharing scientific or technical knowledge or resources between such countries.(b)Notification requiredThe Secretary of State may not enter into, renew, or extend any science and technology agreement with the People’s Republic of China unless—(1)the Secretary submits to the appropriate congressional committees a notification containing each of the matters described in subsection (c); and(2)a period of not less than 30 days has elapsed following such submission.(c)Matters describedThe matters described in this subsection are, with respect to the science and technology agreement for which a notification is submitted—(1)a written notice of such agreement, including the full text of such agreement;(2)a detailed justification for such agreement, including an explanation for why such agreement is in the national security interests of the United States;(3)an assessment of the risks and potential effects of such agreement, including any potential for the transfer under such agreement of technology or intellectual property capable of harming the national security interests of the United States;(4)a detailed justification for how the Secretary of State intends to address human rights concerns in any scientific and technology collaboration proposed to be conducted under such agreement;(5)an assessment of the extent to which the Secretary will be able to continuously monitor the commitments made by the People’s Republic of China under such agreement; and(6)such other information relating to such agreement as the Secretary may be determine appropriate..

65. Congressional notification regarding science and technology agreements with the People’s Republic of China In this section: The term appropriate congressional committees means— the Committee on Foreign Relations of the Senate; and the Committee on Foreign Affairs of the House of Representatives. The term science and technology agreement means any treaty, memorandum of understanding, or other contract or agreement between the United States and 1 or more foreign countries for the purpose of— collaborating on or otherwise engaging in joint activities relating to scientific research, technological development; or sharing scientific or technical knowledge or resources between such countries. The Secretary of State may not enter into, renew, or extend any science and technology agreement with the People’s Republic of China unless— the Secretary submits to the appropriate congressional committees a notification containing each of the matters described in subsection (c); and a period of not less than 30 days has elapsed following such submission. The matters described in this subsection are, with respect to the science and technology agreement for which a notification is submitted— a written notice of such agreement, including the full text of such agreement; a detailed justification for such agreement, including an explanation for why such agreement is in the national security interests of the United States; an assessment of the risks and potential effects of such agreement, including any potential for the transfer under such agreement of technology or intellectual property capable of harming the national security interests of the United States; a detailed justification for how the Secretary of State intends to address human rights concerns in any scientific and technology collaboration proposed to be conducted under such agreement; an assessment of the extent to which the Secretary will be able to continuously monitor the commitments made by the People’s Republic of China under such agreement; and such other information relating to such agreement as the Secretary may be determine appropriate.

201. Defined term In this title, the term strategic infrastructure means infrastructure for which a primary driver of the United States national interest in such infrastructure is— to advance the national security or economic security interests of the United States or of the country in which such infrastructure is located; or to deny foreign adversaries of the United States ownership or control over such infrastructure.

202. Authorization of partnership for global infrastructure and investment The Partnership for Global Infrastructure and Investment is authorized to deploy United States public and private sector capital and expertise for the purpose of mobilizing foreign public and private sector capital and expertise— to help identify and meet the strategic infrastructure needs of countries that are allies and partners of the United States; and to provide allies and partners of the United States with mutually beneficial strategic infrastructure investment solutions that are alternatives to exploitative, coercive, or harmful foreign infrastructure investments. In evaluating proposals for strategic infrastructure projects funded through the Partnership for Global Infrastructure and Investment, the Secretary shall prioritize— projects that have the highest strategic value to the United States; and projects involving— strategic transport infrastructure, including ports, airports, intermodal transfer facilities, railroads, and highways; energy infrastructure, technology, and supply chains, critical minerals, and related areas that align with the officially conveyed energy needs of partner countries and with the objective of maximizing such countries’ energy access, energy security, energy transition and modernization, and resilience needs; secure information and communications technology systems, networks and infrastructure to strengthen the potential for economic growth and facilitate open digital societies; and global health security, including infrastructure projects that increase the availability, accessibility, and affordability of health care in partner countries. In carrying out the purposes described in subsection (a), the Secretary shall adhere to standards for transparent and high-quality infrastructure investment and ensure projects include opportunities to advance economic growth priorities in the partner country and support good governance and the rule of law. The Partnership for Global Infrastructure and Investment may only use environmental, social, or governance standards, including as criteria for project selection, which are consistent with United States law or international agreements that have been approved by Congress. Support under the Partnership for Global Infrastructure and Investment may not be provided in countries with high-income economies (as defined by the World Bank) unless the President certifies to the appropriate congressional committees that such support— is necessary to preempt or counter efforts by a strategic competitor of the United States to secure significant political or economic leverage or acquire national security-sensitive technologies or infrastructure in a country that is an ally or partner of the United States; and includes cost-sharing arrangements with partner countries to ensure effective burden-sharing and long-term sustainability, including through the involvement of private sector investments. The Secretary may not exclude or otherwise limit the provision of funds that would otherwise have been available under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to support natural gas and civil nuclear energy projects, including market development, infrastructure, technology, or technical assistance, solely on the basis that such projects result in new carbon emissions or associated infrastructure. Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 2 years, the Secretary shall submit a report to the appropriate congressional committees that— identifies all infrastructure projects supported by the Partnership for Global Infrastructure and Investment; describes how the Partnership for Global Infrastructure and Investment supported each project; explains why each project was chosen and how each project advances the purposes of the Partnership for Global Infrastructure and Investment and the priorities described in subsection (b); describes how the Partnership for Global Infrastructure and Investment cooperates with other entities in the United States Government that support infrastructure, including deconfliction of efforts; and describes the estimated timeline for completion of the projects supported by the Partnership for Global Infrastructure and Investment. Any memorandum of understanding or other non-binding instrument for projects supported by the Partnership for Global Infrastructure and Investment shall be considered a qualifying non-binding instrument for purposes of section 112b of title 1, United States Code.

205. Regulatory exchanges with allies and partners The Secretary, in coordination with the heads of other participating executive branch 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— to promote best practices in regulatory formation and implementation; to collaborate to achieve optimal regulatory outcomes based on scientific, technical, and other relevant principles; to seek better harmonization and alignment of regulations and regulatory practices; to build consensus around industry and technical standards in emerging sectors that will drive future global economic growth and commerce; and 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. In facilitating expert exchanges pursuant to subsection (a), the Secretary shall prioritize— 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; 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— the European Union; the Asia-Pacific Economic Cooperation; the Association of Southeast Asian Nations; the Organization for Economic Cooperation and Development; and multilateral development banks; and regulatory practices and standards-setting bodies focused on key economic sectors and emerging technologies. With regard to the program described in subsection (a), the Secretary 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, to the extent that such participation advances the goals of such program. The Secretary is authorized to delegate the responsibilities described in this section to the Under Secretary of State for Economic Growth, Energy, and the Environment.

208. Pilot program to audit barriers to commerce in developing partner countries The Secretary shall establish a pilot program— to identify and evaluate barriers to commerce in developing countries that are allies and partners of the United States; and to provide assistance to promote economic development and commerce to such countries. Under the pilot program established pursuant to subsection (a), the Secretary, in partnership with the countries selected pursuant to subsection (c)(1), shall— identify barriers in such countries to enhancing international commerce with the goal of setting priorities for the efficient use of United States trade-related assistance; focus United States trade-related assistance on building self-sustaining institutional capacity for expanding commerce with those countries, consistent with their international obligations and commitments; and further the national interests of the United States by— expanding prosperity through the elimination of foreign barriers to commercial exchange; assisting such countries to identify and reduce barriers through the provision of foreign assistance to increase— international commerce; and foreign investment; assisting each such country in undertaking reforms that will promote economic development, and promote conditions favorable for business and commercial development and job growth in the country; and 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. The Secretary shall select countries for participation in the pilot program established pursuant to subsection (a) from among countries— that are— developing countries; and allies and partners of the United States; the governments of which have clearly demonstrated a willingness to make appropriate legal, policy, and regulatory reforms that are proven to stimulate economic growth and job creation, consistent with international trade rules and practices; and that meet such additional criteria as may be established by the Secretary, in consultation with the Administrator of the United States Agency for International Development, and the head of any other Federal agency, as appropriate. In establishing additional criteria pursuant to paragraph (1)(C), the Secretary and the Administrator shall— identify and address structural weaknesses, systemic flaws, or other impediments within countries being considered for participation in the pilot program that impact the effectiveness of United States assistance; and make recommendations for addressing such weaknesses, flaws, and impediments; set priorities for commercial development assistance building to focus resources on countries in which the provision of such assistance can deliver the best value in identifying and eliminating barriers to trade and investment, including by fostering adherence to international trade obligations; developing appropriate performance measures and establishing annual targets to monitor and assess progress toward such targets, including measures to be used to terminate the provision of assistance determined to be ineffective; and ensure representation from across multiple geographic regions. Not later than 270 days after the date of the enactment of this Act, and annually thereafter for the following 3 years, the Secretary, with the concurrence of the Administrator of the United States Agency for International Development, shall select countries for participation in the pilot program established pursuant to subsection (a). The Secretary shall select for participation in the pilot program— not fewer than 5 countries during the 1-year period beginning on the date of the enactment of this Act; and not fewer than 15 countries during the 5-year period beginning on such date of enactment. In selecting countries for participation in the pilot program, the Secretary shall prioritize— countries recommended by chiefs of mission and other agencies present at the missions, such as the United States Agency for International Development— that will be able to substantially benefit from expanded commercial development assistance; and the governments of which have demonstrated the political will to effectively and sustainably implement such assistance; or groups of countries, including groups of geographically contiguous countries recommended by chiefs of mission, that— meet the criteria described in subparagraph (A); and as a result of expanded United States commercial development assistance, will contribute to greater intra-regional commerce or regional economic integration. The Secretary, in consultation with the Administrator of the United States Agency for International Development, as appropriate, shall lead in engaging relevant government officials of each country selected pursuant to subsection (c) to participate in the pilot program established pursuant to subsection (a) with respect to the development of a plan of action to identify and evaluate barriers to economic and commercial development that then informs United States assistance. The development of a plan of action pursuant to paragraph (1) shall include a comprehensive analysis of relevant legal, policy, and regulatory constraints to economic and job growth in such country. Each plan of action developed for a country pursuant to paragraph (1) shall— set forth priorities for reform agreed to by the government of such country and the United States; include clearly defined policy responses, including regulatory and legal reforms, as may be necessary, to achieve improvement in the business and commercial environment in such country; identify the anticipated costs to establish and implement such plan; identify appropriate sequencing and phasing of the implementation of the plan to create cumulative benefits, as appropriate; identify best practices and standards; include considerations with respect to how to make the policy reform investments under such plan long-lasting; and require appropriate consultation with affected stakeholders in such country and in the United States. The pilot program established pursuant to subsection (a) shall terminate on the date that is 8 years after the date of the enactment of this Act.

209. Promoting adoption of United Nations convention on the assignment of receivables in international trade Congress makes the following findings: 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 (referred to in this section as the Convention), establishes uniform international rules governing a form of financing widely used in the United States involving the assignment of receivables. 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. Receivables financing occurs in transactions in which businesses either sell their rights to payments from their customers (commonly 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. Many countries do not have the kinds of modern commercial finance laws on the assignment of receivables required to implement the Convention. 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. 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. 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. 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. 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. 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. The Senate consented to ratification of the Convention on January 2, 2019. The President ratified the Convention on October 15, 2019. It is the sense of the Senate that the Secretary 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— to help attract foreign investment to and trade with such countries; and 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. Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall submit a report to the appropriate congressional committees detailing the activities of the Department of State with respect to promoting ratification and implementation by developing countries of the Convention through fiscal year 2030. The report required under paragraph (1) shall include— a list of countries expressing interest in ratification of the Convention; a detailed description of efforts made by the Department of State to promote the Convention as a tool for economic development; and any requests made by interested countries for technical and other assistance to facilitate adoption of the Convention.

211. Prohibiting funding for the Montreal Protocol on substances that deplete the ozone layer and the United Nations framework convention on climate change until China is no longer defined as a developing country This section may be cited as the Ending China’s Unfair Advantage Act of 2024. In this section: The term appropriate congressional committees means— the Committee on Foreign Relations of the Senate; the Committee on Appropriations of the Senate; the Committee on Foreign Affairs of the House of Representatives; and the Committee on Appropriations of the House of Representatives. The term Montreal Protocol means the Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal September 16, 1987. The term United Nations Framework Convention on Climate Change means the United Nations Framework Convention on Climate Change, adopted in Rio de Janeiro, Brazil in June 1992. Notwithstanding any other provision of law, no Federal funds may be obligated or expended to implement the Montreal Protocol, including its protocols and amendments, or any fund established under the Protocol, until the President certifies to the appropriate congressional committees that the Parties to the Montreal Protocol have amended their Decision I/12E, Clarification of terms and definitions: developing countries, made at the First Meeting of the Parties to remove the People’s Republic of China. Notwithstanding any other provision of law, no Federal funds may be obligated or expended to fund the operations and meetings of the United Nations Framework Convention on Climate Change, including it’s protocols or agreements, or any fund established under the Convention or its agreements, until the President certifies to the appropriate congressional committees that the Parties to the Framework Convention have included the People’s Republic of China in Annex I of the Convention.

301. Short title This subtitle may be cited as the Countering Economic Coercion Act of 2024.

302. Sense of Congress It is the sense of Congress that— foreign adversaries are increasingly using economic coercion to pressure, punish, and influence United States allies and partners; economic coercion— causes economic harm to United States allies and partners; creates malign influence on the sovereign political actions of such allies and partners; and can threaten the essential security of the United States and its allies; economic coercion is often characterized by— arbitrary, abusive, and discriminatory actions that seek to interfere with sovereign actions, violate international trade rules, and run counter to the rules-based international order; capricious, pre-textual, and non-transparent actions taken without due process afforded; intimidation or threats of punitive actions; and informal actions that take place without explicit government action; economic coercion violates norms of state behavior and undermines the rules-based international order; existing mechanisms for trade dispute resolution and international arbitration are often inadequate for responding to economic coercion in a timely and effective manner as foreign adversaries exploit plausible deniability and lengthy processes to evade accountability; the United States should provide meaningful economic and political support to foreign trading partners affected by economic coercion, which can lead to opportunities for United States businesses, investors, and workers to reach new markets and customers; responding to economic coercion will be most effective when the United States provides relief to affected foreign trading partners in coordination with allies and like-minded countries; and such coordination will further demonstrate broad resolve against economic coercion.

303. Definitions In this subtitle: The term appropriate congressional committees includes— the Committee on Foreign Relations of the Senate; the Committee on Foreign Affairs of the House of Representatives; with respect to the exercise of any authority under section 305(a)(2), subparagraphs (A), (I), (J), and (K) of section 305(b)(1), and section 305(b)(2)— the Committee on Finance of the Senate; and the Committee on Ways and Means of the House of Representatives; with respect to the exercise of any authority under subparagraphs (F) and (H) of section 305(b)(1)— the Committee on Banking, Housing, and Urban Affairs of the Senate; and the Committee on Financial Services of the House of Representatives; and with respect to the exercise of any authority under section 305(a)(1)(A) and subparagraph (B), (E), or (G) of section 305(b)(1)— the Committee on Appropriations of the Senate; and the Committee on Appropriations of the House of Representatives. The term economic coercion means actions, practices, or threats undertaken by a foreign adversary to unreasonably restrain, obstruct, or manipulate trade, foreign aid, investment, or commerce in an arbitrary, capricious, or non-transparent manner with the intention to cause economic harm to achieve strategic political objectives or influence sovereign political actions. The terms export, Export Administration Regulations, in-country transfer, and reexport have the meanings given such terms in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801). The term foreign adversary means any foreign government engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or the security and safety of United States persons. The term foreign trading partner means a foreign jurisdiction that is a trading partner of the United States.

304. Determination of economic coercion If the President determines that a foreign trading partner is subject to an act of economic coercion by a foreign adversary that constitutes a long-term national security threat, after a comprehensive inter-agency review, the President may— submit to Congress a detailed determination (referred to as the Economic Coercion Response Package), which shall include— an assessment of why the economic coercion by a foreign adversary constitutes a national security threat and requires a comprehensive response; a request to exercise any authority— described in subsection (a)(1) or (b)(1) of section 305 to support or assist the foreign trading partner in a manner proportionate to the economic coercion; or described in subsection (a)(2) or (b)(2) of section 305 to penalize the foreign adversary in a manner proportionate to the economic coercion; justification for why the requested authorities are appropriate for the specific act of economic coercion; and a statement of administration action outlining the intended use of the requested authorities. To inform the determination and the formulation of a request under paragraph (1), the President shall— obtain the written opinion and analysis of the Secretary of State, the Secretary of Commerce, the Secretary of the Treasury, the United States Trade Representative, and the heads of other Federal agencies, as the President considers appropriate; seek information and advice from and consult with other relevant officers of the United States; and afford other interested parties an opportunity to present relevant information and advice. In developing the determination and the formulation of the request under paragraph (1), the President shall consult with the appropriate congressional committees— during the 40-day period beginning 30 days before such request is submitted to Congress; and not less frequently than once every 180 days while exercising the requested authority. Not later than 30 days after the date on which the President determines that a foreign trading partner is subject to economic coercion or submits the request under paragraph (1), the President shall publish in the Federal Register— a notice of the determination and the submission of the request; and a description of the economic coercion that the foreign adversary is applying to the foreign trading partner and other circumstances that led to such determination and the submission of the request. If the President determines, on an emergency basis, that a foreign trading partner is subject to economic coercion by a foreign adversary, the President may exercise, for a period not exceeding 90 days, any authority described in section 305(a). Not later than 5 days after an emergency determination under paragraph (1), the President shall submit to the appropriate congressional committees a notice of such determination. Not later than 5 days after the exercise of any authority that relies on the determination for which the President submitted notice pursuant to subparagraph (A), the President shall submit to the appropriate congressional committees a notice of how the President intends to use such authorities. A determination made by the President pursuant to subsection (a) shall be revoked on the earliest of— the date that is 2 years after the date of such determination; the date of the enactment of a joint resolution of disapproval revoking such determination; or the date on which the President issues a proclamation revoking such determination. A determination made by the President pursuant to subsection (b) shall be revoked on the earliest of— the date that is 90 days after the date of such determination; the date of the enactment of a joint resolution of disapproval revoking such determination; or the date on which the President issues a proclamation revoking such determination. Any authority described in section 305 exercised pursuant to a determination that has been revoked pursuant to paragraph (1) or paragraph (2) shall cease to be exercised on the date of such revocation, except that such revocation shall not affect— any action taken or proceeding pending not finally concluded or determined on such date; or any rights or duties that matured or penalties that were incurred before such date.

305. Authorities to respond to economic coercion The authorities described in this paragraph are— providing immediate financial assistance to a foreign trading partner through the provision of existing unobligated funds, without further appropriation; instructing the United States Executive Director at each international financial institution of the World Bank Group, the Executive Director at the Inter-American Development Bank, the Executive Director of the African Development Bank, the Director of the European Bank for Reconstruction and Development, and the Director of the Asian Development Bank, as appropriate, to use the voice and vote of the United States at the respective institution to vote for emergency lending to a foreign trading partner of the United States; providing technical assistance and analysis to a United States Embassy hosted by a foreign trading partner experiencing an act of economic coercion and to the United States Government through a specialist interagency team that— consists of international trade, finance, and economic policy experts authorized by the President from relevant Federal departments and agencies, including— the Department of State; the Department of Commerce; the Department of Agriculture; the Department of the Treasury; the Office of the United States Trade Representative; and the Office of the Director of National Intelligence; may provide specific advice to the government of a foreign trading partner regarding both short-term and long-term vulnerabilities to economic coercion; and shall have a duration of assignment determined by the President, in consultation with the heads of the relevant Federal departments and agencies. The authorities described in this paragraph are— initiating an investigation of the economic coercion in accordance with section 302 of the Trade Act of 1974 (19 U.S.C. 2412); and an action authorized under section 301 of such Act (19 U.S.C. 2411) if an affirmative determination has been made pursuant to section 304 of such Act (19 U.S.C. 2414) in connection with an investigation described in subparagraph (A). The authorities described in this paragraph are— an expedited review of a country's eligibility for trade preference programs; requesting appropriations for foreign aid to the foreign trading partner; an expedited decision with respect to the issuance of licenses for the export or reexport to, or in-country transfer in, the foreign trading partner of items subject to controls under the Export Administration Regulations, consistent with the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.); the expedited regulatory processes related to the importation of goods and services into the United States from the foreign trading partner; requesting the necessary authority and appropriations for sovereign loan guarantees to the foreign trading partner; waiving policy requirements (other than policy requirements mandated by an Act of Congress, including the policies and procedures established pursuant to section 11 of the Export-Import Bank Act of 1945 (12 U.S.C. 635i–5)), to the extent necessary to facilitate the provision of financing to support exports to the foreign trading partner; requesting appropriations for loan loss reserves to facilitate the provision of financing to support United States exports to the foreign trading partner; the exemption of financing provided to support United States exports to the foreign trading partner under section 8(g)(1) of the Export-Import Bank Act of 1945 (12 U.S.C. 635g(g)(1)); providing technical assistance and legal expertise through the Office of the United States Trade Representative to support the trading partner’s pursuit of a case at the World Trade Organization regarding the economic coercion; United States participation as a third party in support of any case brought by the trading partner at the World Trade Organization regarding the economic coercion; and expedited review of petitions under the Generalized System of Preferences set forth in title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) related to article and country eligibility, competitive need limitation waivers, and product redesignations. The authorities described in this paragraph are— initiating an investigation of the economic coercion in accordance with section 302 of the Trade Act of 1974 (19 U.S.C. 2412); an action authorized under section 301 of such Act (19 U.S.C. 2411) if an affirmative determination has been made pursuant to section 304 of such Act (19 U.S.C. 2414) in connection with an investigation described in subparagraph (A).

306. Coordination with allies and partners After a determination by the President that a foreign trading partner is subject to economic coercion by a foreign adversary, the President shall endeavor to coordinate— the exercise of the authorities described in section 305 with the exercise of relevant authorities by allies and partners to broaden economic support to the foreign trading partner affected by economic coercion; and with allies and partners to issue joint condemnation of the actions of the foreign adversary and support for the foreign trading partner. The Secretary, in coordination with the heads of relevant Federal agencies, shall endeavor— to encourage allies and partners to identify or create mechanisms and authorities necessary to facilitate the coordination described in subsection (a)(1); to coordinate with allies and partners to increase opposition to economic coercion in the international community; to coordinate with allies and partners to deter the use of economic coercion by foreign adversaries; and to engage with foreign trading partners to gather information about possible instances of economic coercion and share such information with the appropriate congressional committees. The United States Trade Representative shall examine the viability and utility of working with allies and partners at the World Trade Organization to negotiate a multilateral agreement regarding cooperation to address economic coercion.

307. Expedited consideration of economic coercion response package In this section: The term implementation bill means a bill of Congress consisting solely of the authorities requested by the President (referred to in this section as the Economic Coercion Response Package) pursuant to section 304(a). The term instructions refers to the specific recommendations or actions requested by the President that detail the authorities to be exercised to respond to economic coercion. If the President determines that a foreign trading partner is subject to economic coercion, the President shall submit to Congress an Economic Coercion Response Package pursuant to section 304(a), including detailed instructions outlining the specific actions and authorities requested. Each Economic Coercion Response Package submitted pursuant to paragraph (1) shall include instructions to the relevant congressional committees specifying the actions to be taken within their respective jurisdictions. Each Economic Coercion Response Package, submitted to Congress pursuant to section 304(a) shall be immediately referred to the congressional committees with subject matter jurisdiction over the specific actions and authorities requested. Each congressional committee identified in the instructions described in subsection (b) shall, not later than 15 legislative days after receiving such instructions— draft its portion of the implementation bill; and report such portion to the clerk of the Senate or of the House of Representatives, as appropriate. If any congressional committee fails to report its respective portion within the period provided under paragraph (2), such portion may not be included in the implementation bill. Members of the congressional committees with jurisdiction over the subject matter of a portion of the implementation bill may offer germane amendments to such portion before it is reported by the committee. After all of the congressional committee in either the Senate or the House of Representatives with subject matter jurisdiction have reported their respective portions of the implementation bill or have failed to report such portion within the period prescribed under subsection (c)(2), all of the reported provisions shall be combined into a single implementation bill. If none of the congressional committees with subject matter jurisdiction reports their assigned provisions, no implementation bill may be introduced. The implementation bill described in paragraph (1) shall— include all of the provisions that have been reported by the congressional committees with subject matter jurisdiction; and be considered on the floor of the Senate or the House of Representatives, as appropriate. If the President submits an Economic Coercion Response Package pursuant to section 304(a) and 1 or more committees of the House of Representatives have reported their respective provisions, the implementation bill may be introduced in the House of Representatives (by request)— by the majority leader of the House of Representatives, or by a member of the House of Representatives designated by the majority leader, on the next legislative day following the combination of provisions pursuant to subsection (d); or if the implementation bill is not introduced pursuant to subparagraph (A), by any member of the House of Representatives on any subsequent legislative day. After the introduction of the implementation bill, it shall be in order to move to proceed to consider the implementation bill in the House of Representatives. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. The implementation bill shall be considered as read. All points of order against the implementation bill and against its consideration are waived. The previous question shall be considered as ordered on the request to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent, and 1 motion to limit debate on the request. A motion to reconsider the vote on passage of the implementation bill shall not be in order. Amendments to the implementation bill shall be in order, and debate on any amendment shall be limited to 10 minutes, equally divided by the proponent and an opponent. The vote on passage of the implementation bill shall occur not later than 3 legislative days after the date of its introduction in the House of Representatives. If the President submits an Economic Coercion Response Package pursuant to section 304(a) and 1 or more committees of the Senate with subject matter jurisdiction have reported their respective provisions, the implementation bill shall be introduced in the Senate, by request, by the majority leader of the Senate (for himself or herself and the minority leader of the Senate) or by any member of the Senate designated by the majority leader. If the Senate is not in session on the day on which the implementation bill is ready for introduction, the implementation bill shall be introduced as provided on the first day thereafter on which the Senate is in session. Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order, not later than 2 session days after the date on which the implementation bill is introduced, for the majority leader of the Senate or his or her designee to move to proceed to the consideration of the implementation bill. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All points of order against the motion to proceed to the bill are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the bill is agreed to, the bill shall remain the unfinished business until disposed of. All points of order against the bill and against consideration of the bill are waived. Debate on the implementation bill, and on all debatable motions and appeals in connection with such bill, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their respective designees. Germane amendments to the implementation bill shall be in order, and debate on any amendment shall be limited to 10 minutes, equally divided between the proponent of the bill and an opponent of the bill. A motion to further limit debate is not in order. No motion to postpone, motion to proceed to the consideration of other business, or motion to recommit the bill is in order. The vote on passage of the implementation bill shall occur immediately following the conclusion of the debate on the request and a single quorum call at the conclusion of the debate, if requested in accordance with the rules of the Senate. If, before passing an implementation bill, 1 House of Congress receives from the other House an implementation bill consisting solely of the text of the Economic Coercion Response Package submitted by the President pursuant to section 304(a)— the implementation bill of the other House shall not be referred to a committee of such House; and the procedure in the receiving House shall be the same as if no implementation bill had been received from the other House until the vote on passage, when the implementation bill received from the other House shall supplant the implementation bill of the receiving House. If, after the President submits an Economic Coercion Response Package pursuant to section 304(a), an implementation bill is not introduced in the Senate or if the Senate fails to consider an implementation bill pursuant to this section, the implementation bill of the House of Representatives shall be entitled to expedited floor procedures under this section. If, after the Senate passes an implementation bill, the Senate receives from the House of Representatives an implementation bill consisting of text that is identical to the Senate-passed implementation bill, the House-passed implementation bill shall not be debatable. The vote on passage of the implementation bill in the Senate shall be considered to be the vote on passage of the implementation bill received from the House of Representatives. If the President vetoes an implementation bill, consideration of a veto message in the Senate shall be limited to 10 hours, equally divided between the majority and minority leaders of the Senate or the designees of the majority and minority leaders of the Senate. In addition to the expedited procedures otherwise provided under this section, in case of an implementation bill consisting solely of the text of the Economic Coercion Response Package submitted by the President pursuant to section 304(a), the expedited procedures under this section shall apply to such implementation bill during the period— beginning on the date occurring— in the case of the Senate, 30 session days before the date on which Congress adjourns a session of Congress; or in the case of the House of Representatives, 30 days before the date on which Congress adjourns a session of Congress; and ending on the date on which the same or succeeding Congress first convenes its next session. In applying this section for the purposes of constructive resubmission, an implementation bill described under paragraph (1) shall be treated as though such implementation bill were submitted on— in the case of the Senate, the 15th session day; or in the case of the House of Representatives, the 15th legislative day, after the succeeding session of Congress first convenes. A constructive resubmission of an implementation bill pursuant to this subsection shall not apply if a vote with respect to the implementation bill was taken in either House in a preceding session of Congress.

308. Process for joint resolutions of disapproval In this section, the term joint resolution of disapproval means, with respect to an emergency determination pursuant to section 304(b), per the revocation outlined in section 304(c), only a joint resolution of either House of Congress— that does not have a preamble; the title of which is as follows: “A joint resolution disapproving the emergency authorities to act against economic coercion, as exercised by the President under section 304(b) of the Countering Economic Coercion Act of 2024; and the sole matter after the resolving clause of which is as follows: That Congress disapproves the authorities exercised by the President under section 304(b) of the Countering Economic Coercion Act of 2024, submitted to Congress on ___., with the blank space being filled with the appropriate date. During a period of 5 legislative days beginning on the date that a notice of action is submitted to the appropriate congressional committees in accordance with section 4(b)(2)(B), a joint resolution of disapproval may be introduced in the House of Representatives by the majority leader or the minority leader. During a period of 5 days on which the Senate is in session beginning on the date that a notice of action is submitted to the appropriate congressional committees in accordance with section 4(b)(2)(B), a joint resolution of disapproval may be introduced in the Senate by the majority leader (or the majority leader’s designee) or the minority leader (or the minority leader’s designee). If a committee of the House of Representatives to which a joint resolution of disapproval has been referred has not reported such joint resolution within 10 legislative days after the date of such referral, such committee shall be discharged from further consideration of the joint resolution. In the House of Representatives, the following procedures shall apply to a joint resolution of disapproval: Beginning on the third legislative day after each committee to which a joint resolution of disapproval has been referred reports it to the House of Representatives or has been discharged from further consideration of the joint resolution, it shall be in order to move to proceed to consider the joint resolution in the House of Representatives. All points of order against the motion are waived. Such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed on a joint resolution with regard to the same certification. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except 2 hours of debate, equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. A joint resolution of disapproval introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. If the Committee on Foreign Relations of the Senate does not report a joint resolution of disapproval within 10 days during which the Senate is in session after the date such resolution was referred to such committee, the committee shall be discharged from further consideration of such joint resolution and the joint resolution shall be placed on the appropriate calendar. Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Foreign Relations of the Senate reports the joint resolution of disapproval to the Senate or has been discharged from its consideration (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) shall be waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution of disapproval is agreed to, the joint resolution shall remain the unfinished business until disposed. Debate on a joint resolution of disapproval, and on all debatable motions and appeals in connection with such joint resolution, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. The vote on passage of a joint resolution of disapproval shall occur immediately following the conclusion of the debate on the joint resolution of disapproval and a single quorum call at the conclusion of the debate, if requested in accordance with the rules of the Senate. Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to the joint resolution of disapproval shall be decided without debate. Debate in the Senate of any veto message with respect to a joint resolution of disapproval, including all debatable motions and appeals in connection with such joint resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. Except as otherwise provided in this section, the following procedures shall apply in the Senate to a joint resolution of disapproval to which this section applies: Except as provided in paragraph (2), a joint resolution of disapproval that has been passed by the House of Representatives shall, when received in the Senate, be referred to the Committee on Foreign Relations of the Senate for consideration in accordance with this subsection. If a joint resolution of disapproval to which this section applies was introduced in the Senate before receipt of a joint resolution of disapproval that has passed the House of Representatives, the joint resolution from the House of Representatives shall, when received in the Senate, be placed on the calendar. If this paragraph applies, the procedures in the Senate with respect to a joint resolution of disapproval introduced in the Senate that contains the identical matter as a joint resolution of disapproval that passed the House of Representatives shall be the same as if no joint resolution of disapproval had been received from the House of Representatives, except that the vote on passage in the Senate shall be on the joint resolution of disapproval that passed the House of Representatives. This section is enacted by Congress— as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution of disapproval under this paragraph, and supersedes other rules only to the extent that it is inconsistent with such rules; and with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

311. Predatory pricing by entities owned, controlled, or directed by a foreign state 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. 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. 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. For the purpose of establishing the elements under paragraph (1), the plaintiff may not be required to demonstrate that the defendant has monopoly or market power. 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). 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— establishing, by a preponderance of the evidence, that the defendant— is a foreign state or an agency or instrumentality of a foreign state (as such terms are defined in section 1603 of title 28, United States Code); and is not immune from the jurisdiction of the Federal court pursuant to section 1605(a)(2) of title 28, United States Code; and setting forth sufficient evidence to establish a reasonable inference that the defendant has violated subsection (a). If a Federal court finds that a plaintiff has met its burden of proof under subsection (c), the court may determine that— the plaintiff has established a prima facie case that the conduct of the defendant violated subsection (a); and the defendant has the burden of rebutting such case by establishing that the defendant did not violate subsection (a). 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. 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. Nothing in paragraph (1) may be construed to limit the ability of the Federal court to receive and consider any other amicus briefs.

312. Expansion of offense of theft of trade secrets to include unauthorized development of products and digital articles Section 1832(a) of title 18, United States Code, is amended— by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; by inserting after paragraph (3) the following: 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; in paragraphs (5) and (6), as redesignated, by striking (3) each place it appears and inserting (4). Section 1837 of title 18, United States Code, is amended— in paragraph (1), by striking or at the end; in paragraph (2), by striking the period at the end and inserting ; or; and by adding at the end the following: in the case of a violation of section 1832(a)(4), the offender attempts to import a product or digital article described in such section into the United States. Section 1839 of title 18, United States Code, is amended— in paragraph (3), in the matter preceding subparagraph (A), by inserting data, after programs,; in paragraph (6)(B), by striking and at the end; in paragraph (7)— by inserting an end quote after purposes; and by striking the end quote and final period at the end and inserting ; and; and by adding at the end the following: the term digital article means an algorithm, digitized process, or database, or any other electronic technology that generates, stores, or processes data. (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 the case of a violation of section 1832(a)(4), the offender attempts to import a product or digital article described in such section into the United States.. (8)the term digital article means an algorithm, digitized process, or database, or any other electronic technology that generates, stores, or processes data..

314. Fostering energy development aligned with partner country needs The Secretary may not exclude or otherwise limit the provision of funds that would otherwise have been available under any Federal law or regulation to support natural gas and civil nuclear energy projects, including market development, infrastructure, technology, or technical assistance on the basis that— such projects result in new carbon emissions or associated infrastructure; a higher-cost and lower-emissions alternative is available; or lower cost alternatives are available where pricing does not take into account dispatchability, given the importance of flexible generation for ensuring a stable and reliable power supply. In prioritizing energy projects for which United States allies and partners are seeking assistance authorized to be appropriated under Federal law the Secretary should take into consideration— the objectives of improving— energy access within the partner country; energy security; and economic needs of the host country; appropriate coordination with host country government authorities; and the national security or foreign policy interests of the United States. Federal foreign assistance funds allocated to an energy project— shall be in addition to investments made by the United States private sector and the private sector of United States partners or allied countries; and should not displace or complicate private sector involvement in the development of host country energy resources. The Secretary shall be responsible for the management and operation of commercial engagements on all energy projects conducted under chief of mission authority at all United States embassies.

315. Opposition of United States to an increase in weight of Chinese renminbi in Special Drawing Rights basket of International Monetary Fund The Secretary of the Treasury shall instruct the United States Governor of, and the United States Executive Director at, the International Monetary Fund to use the voice and vote of the United States to oppose any increase in the weight of the Chinese renminbi in the basket of currencies used to determine the value of Special Drawing Rights, unless the Secretary of the Treasury has submitted a written report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives that includes a certification that— the PRC is in compliance with all its obligations under Article VIII of the Articles of Agreement of the Fund; during the preceding 12 months, there has not been a report submitted under section 3005 of the Omnibus Trade and Competitiveness Act of 1988 (22 U.S.C. 5305) or section 701 of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4421) in which the PRC has been found to have manipulated its currency; and the PRC has instituted and is implementing the policies and practices necessary to ensure that the renminbi is freely usable (within the meaning of Article XXX(f) of the Articles of Agreement of the Fund). Subsection (a) shall have no force or effect beginning on the date that is 10 years after the date of the enactment of this Act.

316. Strengthening congressional oversight of Special Drawing Rights at International Monetary Fund Section 6 of the Special Drawing Rights Act (22 U.S.C. 286q) is amended— in subsection (a)— by striking each basic period and inserting any 10-year period; and by inserting 25 percent of before the United States quota; and in subsection (b)(1)— by inserting , or consent to or acquiesce in such an allocation, before without consultations; and by striking 90 days and inserting 180 days.

317. Security and oversight for international landholdings Section 721(a)(4)(B) of the Defense Production Act of 1950, as amended by section 308, is further amended by adding at the end the following: Any acquisition or transfer of an interest, other than a security, in agricultural land held by a person that is a national of, or is organized under the laws or otherwise subject to the jurisdiction of, a country— designated as a nonmarket economy country pursuant to section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)); or identified as a country that poses a risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to section 108B of the National Security Act of 1947 (50 U.S.C. 3043b) (commonly known as the Annual Threat Assessment). Section 721(a)(4)(B) of the Defense Production Act of 1950, as amended by subsection (a) and sections 102(a)(1)(B) and 308(a), is further amended by adding at the end the following: Any acquisition or transfer of an interest, other than a security, in any form of real estate that is located not more than 50 miles from a military installation (as defined in section 2801(c)(4) of title 10, United States Code) other than residential property held by a person that is a national of, or is organized under the laws or otherwise subject to the jurisdiction of, a country described in clause (vii). Section 721(k)(6) of the Defense Production Act of 1950 (50 U.S.C. 4565(k)(6)) is amended to read as follows: The chairperson shall include the heads of relevant departments, agencies, and offices (or the designee of any such head) in any review or investigation under subsection (b), on the basis of the facts and circumstances of the covered transaction under review or investigation. No assistance, including subsidies, may be provided by any Federal agency to a person for an agricultural real estate holding wholly or partly owned by a person that is a national of, or is organized under the laws or otherwise subject to the jurisdiction of, a country described in section 721(a)(4)(B)(viii) of the Defense Production Act of 1950, as added by subsection (a). Section 2(a) of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501(a)) is amended— in the first sentence of the matter preceding paragraph (1)— by inserting , or enters into a leasing agreement the period of which is longer than 5 years with respect to agricultural land, after agricultural land; and by striking acquisition or transfer and inserting acquisition, transfer, or lease; and in paragraph (4), by striking acquired or transferred and inserting acquired, transferred, or leased. Section 9(1) of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508(1)) is amended by inserting , subject to the condition that the Secretary may not exclude land from this definition based on the acreage of the land before the semicolon at the end. Section 6 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3505) is amended— by striking the section designation and heading and all that follows through Not later than and inserting the following: Not later than by adding at the end the following: The Secretary shall prepare and make publicly available an annual report describing holdings of agricultural land by foreign persons, as determined by the reports submitted pursuant to section 2, including— an analysis of the countries with the most extensive agricultural land holdings on a State-by-State and county-by-county basis; data and an analysis of agricultural land holdings in each county in the United States by a foreign person from— the People’s Republic of China; the Russian Federation; or any other country that the Secretary determines to be appropriate; an analysis of the sectors and industries for which the agricultural land holdings are used; and in consultation with the Director of the United States Geological Survey, an identification of countries that own or lease water rights and mineral deposits on a State-by-State and county-by-county basis. The Secretary shall transmit each report prepared pursuant to paragraph (1) to each State department of agriculture or appropriate State agency described in subsection (a) in conjunction with the applicable reports transmitted pursuant to that subsection. (vii)Any acquisition or transfer of an interest, other than a security, in agricultural land held by a person that is a national of, or is organized under the laws or otherwise subject to the jurisdiction of, a country—(I)designated as a nonmarket economy country pursuant to section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)); or(II)identified as a country that poses a risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to section 108B of the National Security Act of 1947 (50 U.S.C. 3043b) (commonly known as the Annual Threat Assessment).. (viii)Any acquisition or transfer of an interest, other than a security, in any form of real estate that is located not more than 50 miles from a military installation (as defined in section 2801(c)(4) of title 10, United States Code) other than residential property held by a person that is a national of, or is organized under the laws or otherwise subject to the jurisdiction of, a country described in clause (vii).. (6)Other membersThe chairperson shall include the heads of relevant departments, agencies, and offices (or the designee of any such head) in any review or investigation under subsection (b), on the basis of the facts and circumstances of the covered transaction under review or investigation.. 6.Reports(a)Transmission of reports to StatesNot later than; and (b)Annual report(1)In generalThe Secretary shall prepare and make publicly available an annual report describing holdings of agricultural land by foreign persons, as determined by the reports submitted pursuant to section 2, including—(A)an analysis of the countries with the most extensive agricultural land holdings on a State-by-State and county-by-county basis;(B)data and an analysis of agricultural land holdings in each county in the United States by a foreign person from—(i)the People’s Republic of China;(ii)the Russian Federation; or(iii)any other country that the Secretary determines to be appropriate;(C)an analysis of the sectors and industries for which the agricultural land holdings are used; and(D)in consultation with the Director of the United States Geological Survey, an identification of countries that own or lease water rights and mineral deposits on a State-by-State and county-by-county basis.(2)Transmission to statesThe Secretary shall transmit each report prepared pursuant to paragraph (1) to each State department of agriculture or appropriate State agency described in subsection (a) in conjunction with the applicable reports transmitted pursuant to that subsection..

6. Reports Not later than

318. Intellectual property violators list Not later than 1 year after the date of the enactment of this Act, and not less frequently than annually thereafter for the following 5 years, the Secretary, in coordination with the Secretary of Commerce, the Attorney General, the United States Trade Representative, and the Director of National Intelligence, shall create a list (referred to in this section as the IP violators list) that identifies— all centrally administered state-owned enterprises incorporated in the People’s Republic of China that have benefitted from— a significant act or series of acts of intellectual property theft that subjected a United States economic sector or particular company incorporated in the United States to harm; or an act or government policy of involuntary or coerced technology transfer of intellectual property ultimately owned by a company incorporated in the United States; and any corporate officer of, or principal shareholder with controlling interests in, an entity described in paragraph (1). To determine whether there is a credible basis for determining that a company should be included on the IP violators list, the Secretary, in coordination with the Secretary of Commerce, the United States Trade Representative, and the Director of National Intelligence, shall consider— any finding by a United States court that the company has violated relevant United States laws intended to protect intellectual property rights; or substantial and credible information received from any entity described in subsection (c) or other interested persons. In carrying out this section, the Secretary, in coordination with the Secretary of Commerce, the United States Trade Representative, and the Director of National Intelligence, may consult, as necessary and appropriate, with— other Federal agencies, including independent agencies; the private sector; civil society organizations with relevant expertise; and the Governments of Australia, of Canada, of the European Union, of Japan, of New Zealand, of South Korea, and of the United Kingdom. The Secretary shall publish, in the Federal Register, an annual report that— lists the companies engaged in the activities described in subsection (a)(1); describes the circumstances surrounding actions described in subsection (a)(2), including any role of the Government of the People’s Republic of China; assesses, to the extent practicable, the economic advantage derived by the companies engaged in the activities described in subsection (a)(1); and assesses whether each company engaged in the activities described in subsection (a)(1) is using or has used the stolen intellectual property in commercial activity in Australia, Canada, the European Union, Japan, New Zealand, South Korea, the United Kingdom, or the United States. The report published pursuant to paragraph (1) shall be published in unclassified form, but may include a classified annex. The Director of National Intelligence may authorize the declassification of information, as appropriate, used to prepare the report published pursuant to subsection (d). The Secretary and the heads of all other Federal agencies involved in the production of the IP violators list shall protect from disclosure any proprietary information submitted by a private sector participant and marked as business-confidential information, unless the party submitting the confidential business information— had notice, at the time of submission, that such information would be released by the Secretary; or subsequently consents to the release of such information. If confidential business information is provided by a private sector participant, a nonconfidential version of the report under subsection (d) shall be published in the Federal Register that summarizes or deletes, if necessary, such confidential business information. Proprietary information submitted by a private party pursuant to this section— shall be considered to be trade secrets and commercial or financial information (as defined under section 552(b)(4) of title 5, United States Code); and shall be exempt from disclosure without the express approval of the private party.

319. Annual review of the presence of Chinese companies in United States capital markets In this section, the term appropriate committees of Congress means— the Committee on Foreign Relations of the Senate; the Select Committee on Intelligence of the Senate; the Committee on Banking, Housing, and Urban Affairs of the Senate; the Committee on Foreign Affairs of the House of Representatives; the Permanent Select Committee on Intelligence of the House of Representatives; and the Committee on Financial Services of the House of Representatives. Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary, in consultation with the Director of National Intelligence and the Secretary of the Treasury, shall submit an unclassified report to the appropriate committees of Congress that describes the risks posed to the United States by the presence in United States capital markets of companies incorporated in the PRC. The report required under paragraph (1) shall— identify companies incorporated in the PRC that— are listed or traded on 1 or more stock exchanges within the United States, including over-the-counter market and A Shares added to indexes and exchange-traded funds out of mainland exchanges in the PRC; and based on the factors for consideration described in paragraph (3), have knowingly and materially contributed to— activities that undermine United States national security; serious abuses of internationally recognized human rights; or a substantially increased financial risk exposure for United States-based investors; describe the activities of the companies identified pursuant to subparagraph (A), and their implications for the United States; and develop policy recommendations for the United States Government, State governments, United States financial institutions, United States equity and debt exchanges, and other relevant stakeholders to address the risks posed by the presence in United States capital markets of the companies identified pursuant to subparagraph (A). In preparing the report required under paragraph (1), the President shall consider whether a company identified pursuant to paragraph (2)(A)— has materially contributed to the development or manufacture, or sold or facilitated procurement by the People's Liberation Army, of lethal military equipment or component parts of such equipment; has contributed to the construction and militarization of features in the South China Sea; has been sanctioned by the United States or has been determined to have conducted business with sanctioned entities; has engaged in an act or a series of acts of intellectual property theft; has engaged in corporate or economic espionage; has contributed to the proliferation of nuclear or missile technology in violation of United Nations Security Council resolutions or United States sanctions; has contributed to the repression of religious and ethnic minorities within the PRC, including in the Xinjiang Uyghur Autonomous Region or the Tibet Autonomous Region; has contributed to the development of technologies that enable censorship directed or directly supported by the Government of the PRC; has failed to comply fully with Federal securities laws (including required audits by the Public Company Accounting Oversight Board) and material risk disclosure requirements of the Securities and Exchange Commission; or has contributed to other activities or behavior determined to be relevant by the President. The report required under subsection (b)(1) shall be submitted in unclassified form, but may include a classified annex. The unclassified portion of the report under subsection (b)(1) shall be made accessible to the public online through relevant United States Government websites.

320. Prohibition on availability of funds for procurement of certain batteries Beginning on October 1, 2027, none of the funds appropriated or otherwise made available for the Department of State may be obligated or expended to procure a battery produced by an entity specified in subsection (b). The entities specified in this subsection are the following: Contemporary Amperex Technology Company, Limited (also known as CATL). BYD Company, Limited. Envision Energy, Limited. EVE Energy Company, Limited. Gotion High tech Company, Limited. Hithium Energy Storage Technology company, Limited. Any successor to an entity specified in paragraphs (1) through (6). For purposes of this section, a battery shall be treated as having been produced by an entity specified in subsection (b) if such entity— assembles or manufactures the final product; or creates or otherwise provides a majority of the components used in the battery. The Secretary may waive the limitation under subsection (a) if the Secretary submits to the appropriate congressional committees— a written determination that such waiver is important to the national interests of the United States; and a detailed explanation of how such waiver is important to such interests.

321. Ending support for PRC contracts at the World Bank The Secretary of the Treasury shall instruct the United States Executive Director at the International Bank for Reconstruction and Development to use the voice, vote, and influence of the United States— to limit the awarding of Investment Project Financing contracts to entities or individuals organized under the laws of, or otherwise subject to the jurisdiction of, the People’s Republic of China, including entities owned or controlled by the Government of the People’s Republic of China; to limit the awarding of Investment Project Financing contracts to entities listed on— the Non-SDN Chinese Military-Industrial Complex Entities List (NS-CMIC List) or any of their subsidiaries; entities or individuals on the Specially Designated Nationals List (SDN List); the Consolidated Sanctions List (Non-SDN List); the Sectoral Sanctions Identifications List (SSI List); the Foreign Sanctions Evaders List (FSE List); the List of Foreign Financial Institutions Subject to Correspondent Account or Payable-Through Account Sanctions (CAPTA List); the Non-SDN Menu-Based Sanctions List (NS-MBS List); the Covered List; the Entity List; the Military End-User List; and the Consolidated Screening List; and to encourage the adoption of sanctions and export control lists as appropriate as criteria in future iterations of the World Bank Procurement Framework or successor guidance documents for Investment Project Financing projects. Beginning in the first calendar year beginning after the date of the enactment of this Act, the Department of the Treasury, as part of the Annual Report to Congress from the Chairman of the National Advisory Council on International Monetary and Financial Policies, shall include— information regarding any contracts awarded by the World Bank Group, the European Bank for Reconstruction and Development, the Asian Development Bank, the African Development Bank, and the Inter-American Development Bank to entities described in paragraphs (1) and (2) of subsection (a) during the preceding calendar year, including— the title or other identifying name of the project; a description of the project; the location of the project; the amount of funding or financing allocated for the project; the amount of funding or financing disbursed under the project; and a summary of the status of the implementation of the project; to the greatest extent possible, information regarding any other entities that submitted bids for Investment Project Financing contracts ultimately awarded to persons or entities described in paragraph (1) or (2) of subsection (a) during the preceding calendar year; records of votes held by the World Bank Group Boards of Governors in the preceding calendar year regarding policies related to the World Bank Procurement Framework; and any changes to the Framework resulting from such votes.

322. Report on United States development efforts to counter the PRC’s Belt and Road Initiative In this section, the term appropriate congressional committees means— the Committee on Foreign Relations of the Senate; and House Committee on Foreign Affairs; the Committee on Commerce, Science, and Transportation of the Senate; the Committee on Banking, Housing, and Urban Affairs of the Senate; the Committee on Finance of the Senate; the Committee on Foreign Affairs of the House of Representatives; the Committee on Energy and Commerce of the House of Representatives; the Committee on Financial Services of the House of Representatives; and the Committee on Ways and Means of the House of Representatives. Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that includes— a description of the current interagency process for coordinating international development projects and investments among— the Department of State; the United States Agency for International Development; the Millennium Challenge Corporation; the United States Trade and Development Agency; the Department of Commerce; the Department of the Treasury; the Export-Import Bank of the United States; the Office of the United States Trade Representative; and other executive branch agencies that the Secretary considers relevant to such report; a list of interagency priorities when identifying and pursing joint or complementary international development projects; the extent to which the interagency process for identifying and pursing international development projects considers competition with the PRC and its Belt and Road Initiative; the extent to which such interagency process consults with the Department of Defense for guidance on projects or investments that might advance United States national security interests as laid out in the National Security Strategy and the National Defense Strategy; an interagency strategy for identifying international development projects that can be pursued jointly or in a complementary fashion with other United States development agencies and initiatives, including how United States Government development agencies can work together to counter the PRC’s Belt and Road Initiative; how the interagency process works with global partners and allies, including international development bodies, to compete with the PRC and its Belt and Road Initiative; and strategic industries or regions where the United States Government and its foreign partners should pursue more international development projects in order to compete with the PRC and its Belt and Road initiative.

401. Defined term In this subtitle, the term appropriate committees of Congress means— the Committee on Foreign Relations of the Senate; the Committee on Armed Services of the Senate; the Committee on Foreign Affairs of the House of Representatives; and the Committee on Armed Services of the House of Representatives.

402. Restriction on Track 1.5 dialogues with the People’s Republic of China It is the sense of Congress that— the PRC has undertaken a breathtaking expansion of its nuclear weapons and missile arsenal and is now engaged in a sprint to strategic parity with the United States; the PRC has failed to respond to United States efforts to participate in confidence-building measures related to strategic issues or to establish official dialogues with the United States on crisis stability and arms race stability; the PRC is not implementing previously agreed to military-to-military confidence-building measures that require notification of major military exercises, nor is it adhering to the Memorandum of Understanding on the Rules of Behavior for Safety of Air and Maritime Encounters between the Department of Defense of the United States of America and the Ministry of National Defense of the People’s Republic of China, done at Washington and Beijing November 9, 2014, or its supplemental agreements; the PRC is failing to adhere to its commitment under Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968 (commonly referred to as the Nuclear Nonproliferation Treaty or the NPT), to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a treaty on general and complete disarmament under strict and effective international control; the PRC's nuclear weapons expansion is designed to undermine extended deterrence commitments made by the United States to allies in the Indo-Pacific region; Sino-Russian nuclear energy cooperation is designed in part to generate additional fissile material to help fuel the PRC's nuclear weapons expansion; the Chinese Communist Party (CCP) does not share the United States interest in preventing proliferation and has been a central contributor to fostering the nuclear weapons and ballistic missile programs of Pakistan, North Korea, and Iran; the United States should not continue to solicit Chinese participation in arms control talks; multilateral fora like P–5 meetings of the nuclear-weapon states (as defined in the Nuclear Nonproliferation Treaty) are ineffective and are used by the Chinese Communist Party to create the appearance of cooperation; and the United States should cease funding and participating in Track 1.5 dialogues with the PRC on nuclear weapons, strategic space, and missile defense, which— have not led to beneficial outcomes in government-to-government discussions on those topics; and provide the PRC with insight and know-how into nuclear strategy and other topics without providing reciprocal insight for the United States. In this section, the term Track 1.5 dialogue means a dialogue or other meeting on a policy issue or issues that includes nongovernment representatives and government representatives. No amounts appropriated or otherwise made available to the Department of State or the Department of Defense may be obligated or expended for any diplomatic or military-to-military Track 1.5 dialogues on nuclear, missile defense, or space policy with any entity under the direct control of the Chinese Communist Party or the Government of the People’s Republic of China, including the Ministry of Foreign Affairs, the Ministry of Defense, or the People’s Liberation Army of the People’s Republic of China.

403. Refocusing international security efforts for strategic competition It is the sense of Congress that— the size of the United States diplomatic corps and the civil service workforce of the Department of State must be sufficient to meet the current and emerging security challenges of the 21st century, particularly those posed by the People’s Republic of China and the Russian Federation; an increased focus on the PRC in the international security sphere is necessary to achieve objectives of the Department in strategic affairs and nonproliferation; the focus described in paragraph (2) must be implemented with attention on increasing the number of Foreign Service officers and civil servants at the Department— to ensure the Department is resourced at sufficient levels such that diplomatic tools remain central to the implementation of a long-term competitive strategy with the PRC; and to coordinate with efforts of allies and partners to improve the security of the United States and advance allied interests in the face of the military modernization and expansion of the PRC; the centrality of traditional legally binding arms control agreements in United States national security policy is likely to diminish in an era of strategic competition with the Russian Federation and the PRC; emerging technologies such as cyber, artificial intelligence, quantum technologies, space, hypersonic missiles, and fractional orbit bombardment systems, and advances in missile defense systems, will increasingly impact the strategic balance between the United States and its great power adversaries; and strategic threats will be increasingly addressed through risk reduction measures such as the promotion of international norms in multilateral forums, increasing communication and predictability with adversaries, and close cooperation and security integration with allies and partners. It shall be the policy of the United States— to ensure funding levels for the Department of State for international security reflect the importance and significance of the Indo-Pacific region to the political, economic, and security interests of the United States; to increase funding and the proportion of personnel dedicated to the Indo-Pacific region respective to the international security budget of the Department of State; and to confront the current limitations on United States Foreign Service Officer exposure to the Russian Federation by maintaining education and focus on Russian culture, politics, military strategy, and language. Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees an action plan that— identifies the requirements to advance the international security objectives of the United States in the Indo-Pacific region and the personnel and budgetary resources needed to meet those requirements, assuming an unconstrained resource environment; identifies the offices responsible for managing bilateral and multilateral arms control, nonproliferation, and disarmament agreements that are expired, are expiring, or the United States has withdrawn from, and a description of how the missions of those offices could be revised to focus on competitive strategies and risk reduction initiatives in the Indo-Pacific region; identifies any staff positions related to arms control efforts that adversaries are not participating in or cooperating with, and a description of how those positions could be reallocated; includes a plan for increasing the portion of the international security budget of the Department of State dedicated to the Indo-Pacific region, including through the reallocation of personnel and resources, with a focus on the threat posed by the military modernization and expansion of the PRC; includes a plan for increasing the number of positions in bureaus of the Department that report to the Under Secretary of State for Arms Control and International Security and in overseas missions with responsibility for the Indo-Pacific region, including a description of such increases and how such increases will advance United States objectives in the Indo-Pacific region; describes concrete, annual benchmarks that the Department will meet in implementing the action plan; and describes any barriers to implementing the action plan. During the 2-year period beginning on the date on which the action plan is submitted pursuant to paragraph (1), the Secretary shall submit to the appropriate congressional committees semiannual updates on the implementation of the action plan that includes— supporting data; and a detailed assessment of benchmarks that have been met.

404. Report on diplomatic outreach with respect to PRC military installations overseas Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Defense, shall submit a report to the appropriate committees of Congress regarding United States diplomatic engagement with other countries that host or are considering hosting any military installation of the Government of the PRC. The report required under subsection (a) shall— list the countries that currently host or are considering hosting any military installation of the Government of the PRC; describe in detail United States diplomatic and related efforts to engage countries that are considering hosting a military installation of the Government of the PRC, and the results of such efforts; assess the adverse impact on United States interests of the Government of the PRC successfully establishing a military installation at any of the locations it is currently considering; describe and list any commercial ports outside of the PRC that the United States Government assesses could be used by the Government of the PRC for military purposes, and any diplomatic efforts to engage the governments of the countries where such ports are located; describe the impact of the military installations of the Government of the PRC on United States interests; and include lessons learned from the diplomatic experience of addressing the PRC’s first overseas base in Djibouti. The report required under subsection (a) shall be submitted in classified form, but may include an unclassified summary.

405. Limitation on assistance to countries hosting PRC military installations It is the sense of Congress that— although it casts the Belt and Road Initiative as a development initiative, the PRC is also utilizing the Belt and Road Initiative to advance its own security interests, including to expand its power projection capabilities and facilitate greater access for the People’s Liberation Army through overseas military installations; and the expansion of the People’s Liberation Army globally through overseas military installations will undermine the medium- and long-term security of the United States and the security and development of strategic partners in critical regions around the world, which is at odds with United States goals to promote peace, prosperity, and self-reliance among partner nations, including through the Millennium Challenge Corporation. Except as provided under subsection (c), for fiscal years 2024 through 2033, the government of a country that is hosting on its territory a military installation of the Government of the People’s Republic of China or facilitates the expansion of the presence of the People’s Liberation Army for purposes other than participating in United Nations peacekeeping operations or for temporary humanitarian, medical, and disaster relief operations in such country shall not be eligible for assistance under section 609 or 616 of the Millennium Challenge Act of 2003 (22 U.S.C. 7708, 7715). The President, on a case by case basis, may waive the limitation under subsection (b) if the President submits to the appropriate congressional committees— a written determination that such waiver is important to the national interests of the United States; and a detailed explanation of how the waiver is important to such interests.

406. Amendment to the Stop Harboring Iranian Petroleum Act The Stop Harboring Iranian Petroleum Act (division J of Public Law 118–50) is amended— by redesignating section 6 as section 7; and inserting after section 5 the following: It is the sense of Congress that— the United States condemns the January 28, 2024, drone attack on Tower 22 in Jordan by Iranian-backed militias that tragically took the lives of 3 American servicemembers and wounded 47 others; one-way attack drones and similar low-cost armed unmanned aerial systems are the most dangerous asymmetric threat employed by Iranian-aligned militias against Americans and American interests; United States defense against drones relies on a patchwork of defensive systems, and the United States and like-minded partners need to develop defensive systems that leverage innovation and are responsive to rapidly changing technology and attack methodologies; the United States should improve cooperation with like-minded partners to systematically map out, expose, and disrupt missile and drone procurement networks used by the Iran-backed Houthi rebels in Yemen and other Iranian proxies targeting United States forces and assets and United States allies and partners in the region; the partner countries of the United States, including Iraq, Jordan, and countries on the Arabian Peninsula, face urgent and emerging threats from unmanned aerial systems and other unmanned aerial vehicles; joint research and development to counter unmanned aerial systems will serve the national security interests of the United States and its partners in Iraq, Jordan, and on the Arabian Peninsula; development of counter Unmanned Aircraft Systems technology will reduce the impacts of these attacks, build deterrence, and increase regional stability; and the United States and partners in Iraq, Jordan, and on the Arabian Peninsula should continue to work together to protect against the threat from unmanned aerial systems. In this section, the term Arabian Peninsula means Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, the United Arab Emirates, and Yemen. The President is authorized to enter into a cooperative project agreement with Iraq, Jordan, and countries on the Arabian Peninsula under the authority of section 27 of the Arms Export Control Act (22 U.S.C. 2767) to carry out research on and development, testing, evaluation, and joint production (including follow-on support) of defense articles and defense services to detect, track, and destroy armed unmanned aerial systems that threaten the United States and its partners in Iraq, Jordan, and on the Arabian Peninsula. The cooperative project agreement described in paragraph (1)— shall provide that any activities carried out pursuant to such agreement are subject to— the applicable requirements described in subparagraphs (A), (B), and (C) of section 27(b)(2) of the Arms Export Control Act (22 U.S.C. 2767(b)(2)); and any other applicable requirements of the Arms Export Control Act (22 U.S.C. 2751 et seq.) with respect to the use, transfer, and security of such defense articles and defense services under such Act; shall establish a framework to negotiate the rights to intellectual property developed under such agreement; and shall be defensive in nature. Notwithstanding section 27(g) of the Arms Export Control Act (22 U.S.C. 2767(g)), any defense articles that result from a cooperative project agreement shall be subject to the requirements under subsections (b) and (c) of section 36 of such Act (22 U.S.C. 2776). Nothing in this section may be construed as an authorization for the use of military force. 6.Cooperative agreements to protect Americans from drone attacks(a)Sense of CongressIt is the sense of Congress that—(1)the United States condemns the January 28, 2024, drone attack on Tower 22 in Jordan by Iranian-backed militias that tragically took the lives of 3 American servicemembers and wounded 47 others;(2)one-way attack drones and similar low-cost armed unmanned aerial systems are the most dangerous asymmetric threat employed by Iranian-aligned militias against Americans and American interests;(3)United States defense against drones relies on a patchwork of defensive systems, and the United States and like-minded partners need to develop defensive systems that leverage innovation and are responsive to rapidly changing technology and attack methodologies;(4)the United States should improve cooperation with like-minded partners to systematically map out, expose, and disrupt missile and drone procurement networks used by the Iran-backed Houthi rebels in Yemen and other Iranian proxies targeting United States forces and assets and United States allies and partners in the region;(5)the partner countries of the United States, including Iraq, Jordan, and countries on the Arabian Peninsula, face urgent and emerging threats from unmanned aerial systems and other unmanned aerial vehicles;(6)joint research and development to counter unmanned aerial systems will serve the national security interests of the United States and its partners in Iraq, Jordan, and on the Arabian Peninsula;(7)development of counter Unmanned Aircraft Systems technology will reduce the impacts of these attacks, build deterrence, and increase regional stability; and(8)the United States and partners in Iraq, Jordan, and on the Arabian Peninsula should continue to work together to protect against the threat from unmanned aerial systems.(b)Defined termIn this section, the term Arabian Peninsula means Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, the United Arab Emirates, and Yemen. (c)Authority To enter into a cooperative agreement To protect Americans in Iraq, Jordan, and on the Arabian Peninsula from weaponized unmanned aerial systems(1)In generalThe President is authorized to enter into a cooperative project agreement with Iraq, Jordan, and countries on the Arabian Peninsula under the authority of section 27 of the Arms Export Control Act (22 U.S.C. 2767) to carry out research on and development, testing, evaluation, and joint production (including follow-on support) of defense articles and defense services to detect, track, and destroy armed unmanned aerial systems that threaten the United States and its partners in Iraq, Jordan, and on the Arabian Peninsula.(2)Applicable requirements(A)In generalThe cooperative project agreement described in paragraph (1)—(i)shall provide that any activities carried out pursuant to such agreement are subject to—(I)the applicable requirements described in subparagraphs (A), (B), and (C) of section 27(b)(2) of the Arms Export Control Act (22 U.S.C. 2767(b)(2)); and(II)any other applicable requirements of the Arms Export Control Act (22 U.S.C. 2751 et seq.) with respect to the use, transfer, and security of such defense articles and defense services under such Act;(ii)shall establish a framework to negotiate the rights to intellectual property developed under such agreement; and(iii)shall be defensive in nature.(B)Congressional notification requirementsNotwithstanding section 27(g) of the Arms Export Control Act (22 U.S.C. 2767(g)), any defense articles that result from a cooperative project agreement shall be subject to the requirements under subsections (b) and (c) of section 36 of such Act (22 U.S.C. 2776).(d)Rule of construction with respect To use of military forceNothing in this section may be construed as an authorization for the use of military force..

6. Cooperative agreements to protect Americans from drone attacks It is the sense of Congress that— the United States condemns the January 28, 2024, drone attack on Tower 22 in Jordan by Iranian-backed militias that tragically took the lives of 3 American servicemembers and wounded 47 others; one-way attack drones and similar low-cost armed unmanned aerial systems are the most dangerous asymmetric threat employed by Iranian-aligned militias against Americans and American interests; United States defense against drones relies on a patchwork of defensive systems, and the United States and like-minded partners need to develop defensive systems that leverage innovation and are responsive to rapidly changing technology and attack methodologies; the United States should improve cooperation with like-minded partners to systematically map out, expose, and disrupt missile and drone procurement networks used by the Iran-backed Houthi rebels in Yemen and other Iranian proxies targeting United States forces and assets and United States allies and partners in the region; the partner countries of the United States, including Iraq, Jordan, and countries on the Arabian Peninsula, face urgent and emerging threats from unmanned aerial systems and other unmanned aerial vehicles; joint research and development to counter unmanned aerial systems will serve the national security interests of the United States and its partners in Iraq, Jordan, and on the Arabian Peninsula; development of counter Unmanned Aircraft Systems technology will reduce the impacts of these attacks, build deterrence, and increase regional stability; and the United States and partners in Iraq, Jordan, and on the Arabian Peninsula should continue to work together to protect against the threat from unmanned aerial systems. In this section, the term Arabian Peninsula means Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, the United Arab Emirates, and Yemen. The President is authorized to enter into a cooperative project agreement with Iraq, Jordan, and countries on the Arabian Peninsula under the authority of section 27 of the Arms Export Control Act (22 U.S.C. 2767) to carry out research on and development, testing, evaluation, and joint production (including follow-on support) of defense articles and defense services to detect, track, and destroy armed unmanned aerial systems that threaten the United States and its partners in Iraq, Jordan, and on the Arabian Peninsula. The cooperative project agreement described in paragraph (1)— shall provide that any activities carried out pursuant to such agreement are subject to— the applicable requirements described in subparagraphs (A), (B), and (C) of section 27(b)(2) of the Arms Export Control Act (22 U.S.C. 2767(b)(2)); and any other applicable requirements of the Arms Export Control Act (22 U.S.C. 2751 et seq.) with respect to the use, transfer, and security of such defense articles and defense services under such Act; shall establish a framework to negotiate the rights to intellectual property developed under such agreement; and shall be defensive in nature. Notwithstanding section 27(g) of the Arms Export Control Act (22 U.S.C. 2767(g)), any defense articles that result from a cooperative project agreement shall be subject to the requirements under subsections (b) and (c) of section 36 of such Act (22 U.S.C. 2776). Nothing in this section may be construed as an authorization for the use of military force.

407. Missile Technology Control Regime provisions In this section, the terms Missile Technology Control Regime, MTCR, and MTCR equipment or technology have the meanings given such terms in section 74(a) of the Arms Export Control Act (22 U.S.C. 2797c(a)). Section 38(j)(1)(C)(ii) of the Arms Export Control Act (22 U.S.C. 2778(j)(1)(C)(ii)) is amended— by striking subclauses (I), (II), and (III); and by redesignating subclauses (IV), (V), (VI), and (VII) as subclauses (I), (II), (III), and (IV), respectively. Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that includes— the opportunities and challenges United States participation in the Missile Technology Control Regime create— in addressing missile proliferation threats, including a comprehensive description of diplomatic and technical engagements with allies and partners regarding MTCR participation, guidelines, and standards; and regarding security cooperation with allies and partners, including a comprehensive description of diplomatic and technical engagements with allies and partners regarding MTCR participation, guidelines, and standards; an update on MTCR-related deliberations and engagements specific to North Atlantic Treaty Organization allies, Australia, and other partners and allies in the Indo-Pacific, including— technical consultations, diplomatic engagements, and export control regime consultations and assistance; and an enumeration of planned modifications to or recommended changes to address the need for expedited sales and transfer of MTCR-controlled systems to address threats to United States national security, including in the Indo-Pacific region; a detailed description and assessment of disinformation and misinformation campaigns or activities seeking to discredit or undermine global nonproliferation regimes, including such campaigns or activities conducted by the PRC, Iran, Russia, and North Korea and their assessed impact on such regimes; a detailed description of Russia’s efforts to disrupt consensus based decisions at the MTCR; a detailed description and assessment of cooperation between the PRC, Iran, Russia, and North Korea relating to MTCR equipment or technologies; a comprehensive list, disaggregated by category of MTCR equipment or technology, of all countries that sought to purchase MTCR equipment or technologies during the 10-year period ending on the date of the enactment of this Act, including— average time for an approval or disapproval decision; reasoning and procedures that led to an approval or disapproval decision; and details about countries that have repeatedly overcome the presumption of denial standard if and how the Department of State expedited considerations for further requests; and a comprehensive list, disaggregated by category of MTCR equipment or technology, of United States persons that have sought to export MTCR equipment or technologies to other countries, including— average time for an approval or disapproval decision; reasoning and procedures that led to an approval or disapproval decision; information on those United States persons who have challenged any disapproval decision; and a detailed explanation of the process United States persons can follow to appeal a disapproval decision, including a detailed licensing process that such persons should expect to follow to in order to receive consideration for an approval decision. The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

408. Strengthening extended nuclear deterrence in the Korean theater of operations Congress finds the following: United States extended deterrence commitments to South Korea have failed to keep pace with the nuclear and strategic threats in East Asia, in particular those posed by North Korea. In response to North Korea’s nuclear and missile program and the March 2010 sinking of the ROKS Cheonan (a South Korean Navy frigate) the Department of Defense established the United States-Republic of Korea Extended Deterrence Policy Committee (referred to in this section as the EDPC) in October 2010— to strengthen deterrence of North Korea; and to enhance assurance of the South Korean public. In 2012, the EDPC agreed to begin work on a Tailored Deterrence Strategy which was endorsed at the 45th United States-Republic of Korea Security Consultative Meeting on October 2nd, 2013 and completed in 2014. In 2015, the EDPC was merged with the Counter Missile Capabilities Committee and renamed the Deterrence Strategy Committee with the express purpose of strengthening extended deterrence in response to advances in North Korea's nuclear and missile programs. North Korea conducted 2 nuclear weapons tests in 2016. In response to urgent requests from the Government of South Korea to further strengthen extended deterrence, the United States and South Korea formed the Extended Deterrence Strategy Consultation Group (referred to in this section as the EDSCG) with the Department of State and the Department of Defense co-chairing the EDSCG in a 2+2 format. The purposes of the EDSCG are— to elevate consultations to more senior levels; to develop concrete deterrence measures in response to the evolving threat from North Korea; and to strengthen assurance of the South Korean public. The establishment of the Nuclear Consultative Group (referred to in this section as the NCG) between the United States and the Republic of Korea during President Yoon Suk Yeol’s visit to the United States on April 26, 2023, reflected a recognition— of the accelerating threat posed by the North Korea's nuclear weapons and missile program; and that previous alliance attempts to strengthen assurance of South Korea had proven unsuccessful. It is clear that the EDPC and the EDSCG were unsuccessful in assuring South Korea or strengthening deterrence because they failed to identify concrete changes to our defense posture in the Korean theater of operations and United States officials were unwilling to adjust long-standing policies with regard to extended deterrence. For the NCG to be more effective than its predecessor groups, the NCG must adopt a program of work embracing the need— to adjust the United States defense posture in the Korean theater of operations to include consideration of deploying United States nuclear assets and restoring United States nuclear infrastructure in the region; to establish a crisis consultation mechanism to be convened in response to North Korean nuclear threats and consult on alliance deterrence related decision making; to increase alliance nuclear planning activities related to consequence management and the conduct conventional operations in a weapons of mass destruction environment; and to explore options to increase South Korean contributions to operations related to nuclear burden sharing. It is the sense of Congress that— the United States-Republic of Korea alliance is a bilateral, integrated alliance that benefits both countries; South Korea shares the burden of maintaining stability on the Korean Peninsula and the larger region by maintaining a large standing army of more than 3,000,000 personnel, with 500,000 on active duty, and spends 2.7 percent of its gross domestic product on defense-related expenditures; and the NCG can strengthen the alliance between the Government of the United States and the Government of South Korea by deepening the ability of such governments to plan, consult, and conduct exercises on issues related to nuclear deterrence. Not later than 90 days after the date of the enactment of this Act, the Secretary and the Secretary of Defense shall jointly submit a report to the appropriate congressional committees and the congressional defense committees that includes a description of— the organization of the NCG, including co-chairs and interagency participants from the United States; the scope of the operations, activities and initiatives of the NCG and how such activities connect to the Security Consultative Mechanism and the Military Consultative Mechanism between South Korea and the United States; the relationship of the NCG to existing extended deterrence mechanisms of the South Korea and the United States, including the DSC and the EDSCG; the frequency and circumstances under which the NCG convenes; and how the NCG addresses strategic planning, crisis consultation, and military exercises. The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. Not later than 180 days after date of the enactment of this Act, and every 180 days thereafter until December 31, 2026, the Secretary and the Secretary of Defense shall brief the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives regarding the outcomes of NCG meetings.

411. Development of economic tools to deter aggression by People's Republic of China against Taiwan It is the sense of Congress that the United States must be prepared to take immediate action to impose sanctions with respect to any military or non-military entities owned, controlled, or acting at the direction of the Government of the PRC or the Chinese Communist Party that are supporting actions by the Government of the PRC or the Chinese Communist Party to— overthrow or dismantle the governing institutions in Taiwan; occupy any territory controlled or administered by Taiwan; violate the territorial integrity of Taiwan; or take significant action against Taiwan, including— conducting a naval blockade of Taiwan; seizing any outlying island of Taiwan; or perpetrating a significant cyber attack on Taiwan. In this section, the term appropriate congressional committees means— the Committee on Foreign Relations of the Senate; the Committee on Banking, Housing, and Urban Affairs of the Senate; the Committee on Commerce, Science, and Transportation of the Senate; the Committee on Foreign Affairs of the House of Representatives; the Committee on Financial Services of the House of Representatives; and the Committee on Energy and Commerce of the House of Representatives. Not later than 180 days after the date of the enactment of this Act, the Office of Sanctions Coordination of the Department of State and the Office of Foreign Asset Control of the Department of the Treasury, in coordination with the Office of the Director of National Intelligence, shall establish an interagency task force (referred to in this section as the Task Force) to identify military or non-military entities that could be subject to sanctions imposed by the United States immediately following any action or actions taken by the PRC that demonstrate an attempt to achieve or has the significant effect of achieving the physical or political control of Taiwan, including by taking any of the actions described in paragraphs (1) through (4) of subsection (a). Not later than 180 days after the establishment of the Task Force, the Task Force shall submit to the appropriate congressional committees a strategy for identifying targets under this section, which shall include— an assessment of how existing sanctions regimes could be used to impose sanctions with respect to entities identified pursuant to subsection (c); a strategy for developing or proposing, as appropriate, new sanctions authorities that might be required to impose sanctions with respect to such entities; an analysis of the potential economic consequences to the United States, and to allies and partners of the United States, of imposing various types of sanctions with respect to those entities and assess measures that could be taken to mitigate those consequences, including through the use of licenses, exemptions, carve-outs, and other forms of relief; a strategy for working with allies and partners of the United States— to leverage sanctions and other economic tools to deter or respond to aggression against Taiwan; to identify and resolve potential impediments to coordinating sanctions-related efforts with respect to responding to or deterring aggression against Taiwan; and to identify industries, sectors, or goods and services with respect to which the United States and allies and partners of the United States can take coordinated action through sanctions or other economic tools that will have a significant negative impact on the economy of the PRC; an assessment of the resource gaps and needs at the Department of State, the Department of the Treasury, and other Federal agencies, as appropriate, to most effectively use sanctions and other economic tools to respond to the threat posed by the PRC; recommendations on how best to target sanctions and other economic tools against individuals, entities, and economic sectors in the PRC, taking into account the role of those targets in supporting policies and activities of the Government of the PRC or the Chinese Communist Party that pose a threat to the national security or foreign policy interests of the United States, the negative economic implications of those sanctions and tools for that government, including its ability to achieve its objectives with respect to Taiwan, and the potential impact of those sanctions and tools on the stability of the global financial system, including with respect to— state-owned enterprises; officials of the Government of the PRC; financial institutions associated with the Government of the PRC; and companies in the PRC that are not formally designated by the Government of the PRC as state-owned enterprises; and the identification of any foreign military or non-military entities that would likely be used to achieve the outcomes specified in subsection (a)(1), including entities in the shipping, logistics, energy (including oil and gas), aviation, ground transportation, and technology sectors. Not later than 60 days after the submission of the strategy required under subsection (d), and semiannually thereafter, the Task Force shall submit a report to the appropriate congressional committees that includes information regarding— any entities identified pursuant to subsection (c) or (d)(7); any new authorities needed to impose sanctions with respect to those entities; potential economic impacts on the PRC, the United States, and allies and partners of the United States of imposing sanctions with respect to those entities, as well as mitigation measures that could be employed to limit deleterious impacts on the United States and allies and partners of the United States; the status of coordination with allies and partners of the United States on sanctions and other economic tools identified under this section; resource gaps and recommendations to enable the Department of State and the Department of the Treasury to use sanctions to more effectively respond to the malign activities of the Government of the PRC; and any additional resources that may be necessary to carry out the strategy. Each report required under paragraph (1) shall be submitted in classified/form.

412. Treatment of the Government of Taiwan The Department of State and other United States Government agencies shall— treat the democratically elected Government of Taiwan as the legitimate representative of the people of Taiwan; and end the outdated practice of referring to the Government in Taiwan as the authorities. Notwithstanding the continued supporting role of the American Institute in, Taiwan in carrying out United States foreign policy and protecting United States interests in Taiwan, the United States Government shall not place any restrictions on the ability of officials of the Department of State and other United States Government agencies from interacting directly and routinely with counterparts in the Government of Taiwan, including restricting the travel of senior officials of Taiwan in the United States, including restricting the travel of senior officials of Taiwan in the United States.

413. War reserve stock program for Taiwan Notwithstanding section 514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the President may transfer to Taiwan any or all of the items described in subsection (b). The items referred to in subsection (a) are armor, artillery, automatic weapons ammunition, missiles, and other munitions that are— obsolete or surplus items; in the inventory of the Department of Defense; intended for use as reserve stocks for Taiwan; and located in a stockpile in Taiwan. Not later than 30 days before making any transfer under this section, the President shall submit a notification identifying the items to be transferred and the concessions to be received to the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives.

414. Proper treatment of Taiwan government representatives In this section, the term official purposes means— the wearing of official uniforms; conducting government-hosted ceremonies or functions; and appearances on Department of State social media accounts promoting engagements with Taiwan. Notwithstanding any other provision of law, none of the funds appropriated or otherwise made available for the Department of State for fiscal year 2025 may be used to prepare, propose, draft, review, or promulgate any regulation, guidance, or executive order, or to otherwise implement, administer, or enforce any policy that restricts the ability of members of the armed forces and government representatives from the Republic of China (Taiwan) or the Taipei Economic and Cultural Representative Office (TECRO) to display, for official purposes— the flag of the Republic of China (Taiwan); or the corresponding emblems or insignia of military units.

415. American Institute in Taiwan The position of Director of the American Institute in Taiwan’s Taipei office— shall be subject to the advice and consent of the Senate; and shall have the title of Representative.

421. Short title This part may be cited as the South China Sea and East China Sea Sanctions Act of 2024.

422. Sanctions with respect to Chinese persons responsible for China’s activities in the South China Sea and the East China Sea In this section: The terms account, correspondent account, and payable-through account have the meanings given such terms in section 5318A of title 31, United States Code. The term alien has the meaning given such term in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)). The term Chinese person means— an individual who is a citizen or national of the People’s Republic of China; or an entity organized under the laws of the People’s Republic of China or otherwise subject to the jurisdiction of the Government of the People’s Republic of China. The term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2) of title 31, United States Code. The term foreign financial institution has the meaning given such term in section 1010.605 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). The term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. The term person means any individual or entity. The term United States person means— a United States citizen or an alien lawfully admitted for permanent residence to the United States; an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or any person in the United States. On or after the date that is 120 days after the date of the enactment of this Act, the President may impose the sanctions described in subsection (c) with respect to any Chinese person, including any senior official of the Government of the People’s Republic of China, that the President determines— is responsible for or significantly contributes to large-scale reclamation, construction, militarization, or ongoing supply of outposts in disputed areas of the South China Sea; is responsible for or significantly contributes to, or has engaged in, directly or indirectly, actions, including the use of coercion, to inhibit another country from protecting its sovereign rights to access offshore resources in the South China Sea, including in such country’s exclusive economic zone, consistent with such country’s rights and obligations under international law; is responsible for or complicit in, or has engaged in, directly or indirectly, actions that significantly threaten the peace, security, or stability of disputed areas of the South China Sea or areas of the East China Sea administered by Japan or the Republic of Korea, including through the use of vessels and aircraft by the People’s Republic of China to occupy or conduct extensive research or drilling activity in those areas; has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to, or in support of, any person subject to sanctions pursuant to paragraph (1), (2), or (3); or is owned or controlled by, or has acted for or on behalf of, directly or indirectly, any person subject to sanctions pursuant to paragraph (1), (2), or (3). The sanctions that may be imposed with respect to a person described in subsection (b) are the following: The President may, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of the person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. In the case of an alien, the alien may be— inadmissible to the United States; ineligible to receive a visa or other documentation to enter the United States; and otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). An alien described in subparagraph (A) may be subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. A revocation under clause (i) may— take effect immediately; and cancel any other valid visa or entry documentation that is in the alien’s possession. The President may direct the Secretary 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. 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— the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.); or 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. The President may include the entity on the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations, for activities contrary to the national security or foreign policy interests of the United States. The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing equity or debt instruments of the person. 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. In the case of a foreign financial institution, the President may prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by the foreign financial institution. The requirements under section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of subsection (c)(1). Sanctions under this section shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States. Paragraphs (2) and (3) of subsection (c) shall not apply if admission of an alien to the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success, June 26, 1947, and entered into force, November 21, 1947, between the United Nations and the United States. The authority or a requirement to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under subsection (c)(1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206.

423. Sense of Congress regarding portrayals of the South China Sea or the East China Sea as part of China It is the sense of Congress that the Government Publishing Office should not publish any map, document, record, electronic resource, or other paper of the United States (other than materials relating to hearings held by committees of Congress or internal work product of a Federal agency) portraying or otherwise indicating that it is the position of the United States that the territory or airspace in the South China Sea that is disputed among 2 or more parties or the territory or airspace of areas administered by Japan or the Republic of Korea, including in the East China Sea, is part of the territory or airspace of the People’s Republic of China.

424. Sense of Congress on 2016 Permanent Court of Arbitration’s tribunal ruling on arbitration case between the Philippines and the People’s Republic of China Congress finds that on July 12, 2016, a tribunal of the Permanent Court of Arbitration found in the arbitration case between the Philippines and the PRC under the United Nations Convention on the Law of the Sea that the People’s Republic of China’s claims, including those to offshore resources and historic rights, were unlawful, and that the tribunal’s ruling is final and legally binding on both parties. It is the sense of Congress that— the United States and the international community should reject the unlawful claims of the PRC within the exclusive economic zone or on the continental shelf of the Philippines, as well as the maritime claims of the PRC beyond a 12-nautical-mile territorial sea from the islands it claims in the South China Sea; the provocative behavior of the PRC, including coercing other countries with claims in the South China Sea and preventing those countries from accessing offshore resources, undermines peace and stability in the South China Sea; the international community should— support and adhere to the ruling described in subsection (a) in compliance with international law; and take all necessary steps to support the rules-based international order in the South China Sea; and all claimants in the South China Sea should— refrain from engaging in destabilizing activities, including illegal occupation or efforts to unlawfully assert control over disputed claims; ensure that disputes are managed without intimidation, coercion, or force; clarify or adjust claims in accordance with international law; and uphold the principle that territorial and maritime claims, including over territorial waters or territorial seas, must be derived from land features and otherwise comport with international law.

425. Report on countries that recognize Chinese sovereignty over the South China Sea or the East China Sea Not later than 60 days after the date of the enactment of this Act, and annually thereafter until the date that is 3 years after such date of enactment, the Secretary shall submit to the appropriate congressional committees a report identifying each country that the Secretary determines has taken an official and stated position to recognize, after such date of enactment, the sovereignty of the People’s Republic of China over territory or airspace disputed by one or more countries in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea. The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex if the Secretary determines it is necessary for the national security interests of the United States to do so. The Secretary shall publish the unclassified part of the report required by subsection (a) on a publicly available website of the Department of State.

431. Establishing a senior official for the compacts of free association at the Department of State The Secretary shall designate a senior official at the Department of State, who shall— negotiate and oversee the Department of State’s role in implementing and maintaining the Compacts of Free Association (referred to in this section as the Compacts) at the Department of State and the conduct of United States foreign policy with respect to countries affiliated with the United States under such Compacts; and report to the Assistant Secretary of State for Indo-Pacific Affairs. The senior official designated pursuant to subsection (a) shall— be responsible for the conduct of United States foreign policy with respect to— the Republic of Palau; the Marshall Islands; and the Federated States of Micronesia; assist the Assistant Secretary of State for Indo-Pacific Affairs in providing overall direction, coordination, and supervision of interdepartmental activities of the United States Government in the countries listed under paragraph (1), including ensuring the timely transfer of assistance and provision of benefits through the Department of the Interior, as laid out in the Compacts; oversee and evaluate the adequacy and effectiveness of United States policy with respect to these countries as well as the plans, programs, resources, and performance for implementing that policy, including activities implemented by the Department of the Interior; directly supervise the policy and operations of the Compacts and provide guidance to relevant United States missions within the Indo-Pacific region; direct and oversee the provision of an adequate, regular flow of information to posts abroad about United States Government policies, policy deliberations, and diplomatic exchanges with regards to the Compacts and the freely associated states, especially on matters that may result in initiatives, policy actions, or other official representations of Department policy abroad; and ensure the continuity of responsibilities and benefits as laid out in the Compacts, consistent with United States national interests in the Indo-Pacific region.

432. Enhancement of diplomatic support and economic engagement with Pacific island countries In this section, the term appropriate committees of Congress means— the Committee on Foreign Relations of the Senate; the Committee on Commerce, Science, and Transportation of the Senate; the Committee on Energy and Natural Resources of the Senate; the Committee on Appropriations of the Senate; the Committee on Foreign Affairs of the House of Representatives; the Committee on Energy and Commerce of the House of Representatives; the Committee on Natural Resources of the House of Representatives; and the Committee on Appropriations of the House of Representatives. The Secretary and the Secretary of Commerce may hire local staff in Pacific island countries for the purpose of providing increased diplomatic support and promoting increased economic and commercial engagement between the United States and Pacific island countries. Of the amounts appropriated or otherwise made available to the Department of State for fiscal year 2025, not more than $10,000,000 may used to carry out the Department of State's responsibilities under this section. Of the amounts appropriated or otherwise made available to the Department of Commerce for fiscal year 2025, not more than $10,000,000 may be used to carry out the Department of Commerce's responsibilities under this section. The availability of funds under paragraphs (1) and (2) shall expire on October 1, 2028. Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary and the Secretary of Commerce shall submit a report to the appropriate committees of Congress that describes the activities of the Department of State and the Department of Commerce locally-employed staff in Pacific island countries, including— a detailed description of the additional diplomatic, economic, and commercial engagement and activities in the Pacific island countries provided by locally-employed staff; and an assessment of the impact of the activities with respect to the diplomatic, economic, and security interests of the United States. The Secretary may treat the territory of American Samoa as a foreign country, as appropriate, while carrying out this section.

441. Short title This part may be cited as the Indian Ocean Region Strategic Review Act of 2024.

442. Findings Congress finds the following: The United States— has vitally important political, economic, and security interests in the Indian Ocean region; and is uniquely positioned to capitalize on opportunities that will advance such interests. The United States needs to engage and cooperate with partners in the Indo-Pacific region, including India, Japan, Australia, and island countries located within such region— to bolster regional governance; to increase sustainable economic development; and to strengthen cooperation on security challenges such as threats to freedom of navigation and environmental disasters. It is within the United States interests to better understand the political, security, economic, and environmental issues faced by the governments of Indian Ocean region countries.

443. Statement of policy It is the policy of the United States, with respect to the Indian Ocean region, as part of the United States broader strategy for engagement in the Indo-Pacific to strengthen engagement with Indian Ocean region countries (including the governments, civil society, academia, and private sectors of such countries) and to enhance meaningful diplomatic, security, and economic relations with allies and partners of the United States in the Indian Ocean region by— promoting cohesive political ties between the United States and Indian Ocean region countries through active participation in regional organizations and strengthening bilateral diplomatic relations with such allies and partners; continuing to strengthen bilateral security relationships between the United States and partners within the Indian Ocean region and build the bilateral security relationship between the United States and India, for the purpose of regularizing security cooperation by building upon foundational agreements concerning intelligence sharing, military communication, and naval cooperation; engaging with India to better understand and operationalize economic and political opportunities across the Indian Ocean region; enhancing economic connectivity and commercial exchange between the United States and Indian Ocean region countries; maintaining the freedom of navigation of international waters within the Indian Ocean region in accordance with international law; cooperating with the Governments of Indian Ocean region countries regarding security challenges, including issues relating to piracy and illegal fishing; supporting the ability of such governments, and of nongovernmental organizations within the Indian Ocean region, to respond to environmental disasters and work to mitigate potential future disasters with resilient infrastructure; facilitating cooperation between the United States and allies and partners of the United States in the Indian Ocean region to build capacity in maritime security and maritime domain awareness; promoting cooperation with United States allies in the Indo-Pacific region (including Japan and Australia), major defense partners (including India), and NATO allies (including the United Kingdom and France), to support a rules-based order in the Indo-Pacific region; and understanding resources and costs required for the United States to effectively engage diplomatically and economically in the Indian Ocean region.

444. Definitions In this part: The term appropriate congressional committees means— the Committee on Foreign Relations of the Senate; the Committee on Armed Services of the Senate; the Committee on Foreign Affairs of the House of Representatives; and the Committee on Armed Services of the House of Representatives. The term Indian Ocean region means— the Indian Ocean, including the Arabian Sea and the Bay of Bengal; and the littoral areas surrounding the Indian Ocean, including the east coast of Africa. The term Indian Ocean region country means any country located within or surrounding the Indian Ocean region.

445. Strategy and implementation plan relating to the Indian Ocean region Not later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of Defense and the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees a multi-year strategy and implementation plan for United States engagements and posture to support the interests of the United States in the Indian Ocean region. The strategy submitted pursuant to subsection (a) shall include— the identification of the political, economic, and security goals and opportunities of the United States in the Indian Ocean region; an explanation of the political, economic, and security goals of Indian Ocean region countries and a detailed description of areas with respect to which such interests align with the goals of the United States; a list detailing the economic and political efforts of the PRC with respect to the Indian Ocean region, particularly with respect to the engagement by the PRC with each country located within the Indian Ocean region; a description and analysis of challenges, including countries and specific projects, to the engagement with Indian Ocean region countries as a result of— disparate policy goals across the departments and agencies of the United States Government; and disparate definitions of the term Indian Ocean region across the Department of State, the Department of Defense, and the United States Agency for International Development; a list detailing efforts to improve cooperation between the United States and Australia, India, and Japan (referred to in this section as the Quadrilateral Dialogue or the Quad) through coordination between members of the Quad with respect to diplomacy and development priorities, joint military exercises and operations, and other activities that promote and balance the political, economic, and security interests of the United States with respect to Indian Ocean region countries; an overview of efforts to support the economic connectivity and development of island countries located within the Indian Ocean region, including through— the United States-India-Japan Trilateral Infrastructure Working Group; the Asia-Africa Growth Corridor; and other efforts to expand and enhance connectivity across the Indo-Pacific region (including with the countries of Southeast Asia) that maintain high standards of investment and support for civil society and people-to-people connectivity; a description of how the United States may engage with regional intergovernmental organizations and multilateral organizations, including the Indian Ocean Rim Association and the United Nations, to promote the political, economic, and security goals of the United States in the Indian Ocean region; a description of how the United States may facilitate cooperation between Indian Ocean region countries (including the governments, civil society, academia, and private sectors of such countries) and Taiwan through Taiwan’s New Southbound Policy; a review of the diplomatic posture of the United States in the Indian Ocean region, including— an assessment of United States diplomatic engagement with Indian Ocean region countries without a permanent United States embassy or diplomatic mission; an assessment of means by which to improve cooperation by the United States with the Maldives, the Seychelles, and Comoros; an assessment of the sufficiency of United States diplomatic personnel and facilities available in the Indian Ocean region to achieve the policy described in section 444; a description of any resources required to fill identified gaps with respect to such diplomatic posture; and a description of the bilateral and multilateral diplomatic goals of the Department of State that the Secretary of State deems necessary to achieve the policy described in section 444; a review of the agreements entered into between the United States and Indian Ocean region countries for the purpose of facilitating the military operations of the United States pursuant to bilateral and multilateral agreements; a description of any efforts to expand the naval and coast guard cooperation between the United States and India and other Indian Ocean region countries through the negotiation of additional agreements; a strategy for strengthening security cooperation between the United States and partners within the Indian Ocean region, including through the provision of security assistance, which should include— a summary of the security priorities, objectives, and actions of the prospective recipient country; a description of the means by which the United States may support such security priorities, objectives, and actions while promoting the political, economic, and security goals of the United States in the Indian Ocean region; and an assessment of the capabilities, training, and funding needed for Indian Ocean region countries to push back against shared challenges in the region; and a plan to expand the diplomatic and development presence of the United States with respect to the governments of island countries located within the Indian Ocean region, including a description of any resources or policy tools required to expand the ability of the United States to support high-quality infrastructure resiliency projects in such countries. The strategy submitted pursuant to subsection (a) may be submitted to the appropriate congressional committees as a part of any other strategy relating to the Indo-Pacific region. Not later than 1 year after the date on which the Secretary submits the strategy required under subsection (a), and 1 year later, the Secretary shall submit a report to the appropriate congressional committees that describes the progress made toward implementing such strategy.

446. Modification to United States-China Economic and Security Review Commission Section 1238(c)(2)(E) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002(c)(2)(E)) is amended— by inserting (including in the Indian Ocean region) after deployments of the People’s Republic of China military; and by adding at the end the following: In this subparagraph, the term Indian Ocean region means the Indian Ocean (including the Arabian Sea and the Bay of Bengal) and the littoral areas surrounding the Indian Ocean (including the East Coast of Africa).. The amendments made by subsection (a) shall apply with respect to each report submitted pursuant to section 1238(c) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002(c)) on or after the date of the enactment of this Act.

451. Short titles This subtitle may be cited as the Countering Espionage and Surveillance Entities in Cuba Act or the CEASE Act.

452. Imposition of sanctions with respect to military and intelligence facilities of the People’s Republic of China in Cuba In this section: The term alien has the meaning given such term in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). The term appropriate congressional committees means— the Committee on Foreign Relations of the Senate; the Select Committee on Intelligence of the Senate; the Committee on Foreign Affairs of the House of Representatives; and the Permanent Select Committee on Intelligence of the House of Representatives. The term foreign person means a person that is not a United States person. The term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. The term person means an individual or entity. The term United States person means— an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or any person in the United States. The President shall impose the sanctions described in subsection (c) with respect to any foreign person that the President determines engages in or has engaged in a significant transaction or transactions, or any significant dealings with, or has provided significant material support to or for a military or intelligence facility of the PRC in Cuba. The sanctions described in this subsection with respect to a foreign person are the following: The exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. In the case of a foreign person who is an alien, denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of any visa or other documentation of the alien. The President shall exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (c)(1) or any regulation, license, or order issued to carry out that subsection 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 such section. The authorities and requirements to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. Sanctions described in subsection (c)(2) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. The President may waive the imposition of sanctions under this section with respect to a foreign person, on a case-by-case basis for renewable periods of 180 days, if the President submits to the appropriate congressional committees a determination that such waiver is in the vital national security interests of the United States. Notwithstanding any other provision of law, this section shall terminate on the date that is 30 days after the date on which the President determines and certifies to the appropriate congressional committees (and Congress has not enacted legislation disapproving the determination within that 30-day period) that all military or intelligence facilities of the PRC in Cuba have been closed.

453. Codification of Cuba restricted list The President may not remove any entity or subentity from the List of Restricted Entities and Subentities Associated with Cuba of the Department of State (commonly known as the Cuba Restricted List) if that entity or subentity was on such list as of July 1, 2024.

461. Sense of Congress regarding China’s support for Russia in Ukraine It is the sense of Congress that— the PRC and the Russian Federation are strengthening their relationship to advance their mutual fundamental interests in countering and weakening the United States and the transatlantic alliance as well as creating divisions between the United States and its allies and partners; the PRC is supporting Russia’s unprovoked, full-scale, and brutal invasion of Ukraine, including through— increasing trade with Russia by 30 percent in 2022, and by another 26.3 percent in 2023; purchasing massive amounts of Russian crude oil, coal, and natural gas under embargo by the transatlantic alliance; selling high-precision machinery, electronics, microelectronics, components of weapons and weapons systems, base metals, textiles and apparel, vehicles, ships, and aircraft to Russia; abetting sanctions evasion in countries bordering Russia; and amplifying Russian propaganda and false information; the PRC has explored providing weapons and ammunition to the Russian Federation in order to support that country’s unlawful, imperialist war of aggression against Ukraine; the Government of the PRC is not taking sufficient action to prevent PRC-based companies from exporting lethal equipment to the Russian Federation, as revealed by the credible evidence that PRC companies and entities have— shipped unmanned aerial vehicles to Russia that were designated on customs forms as being for use in the special military operation; supplied Iran with drone parts that were later used by Russian forces in Ukraine; sent Tiger armored personnel carriers to Chechen forces, raising the possibility that these vehicles being could be deployed to Ukraine; shipped tens of thousands of kilograms of smokeless gunpowder to a munitions factory in Russia; provided Russia with optical parts used in tanks and armored vehicles; permitted Russian purchases of nitrocellulose; and allowed the shipment of engines for both missiles and drones to Russia; because of this ongoing support for Russia’s war against Ukraine, the United States has sanctioned dozens of PRC and Hong Kong-based entities; the PRC’s support for Russia’s war against Ukraine threatens European stability and security, including that of those countries that the United States is committed to defend under the terms of the North Atlantic Treaty; the United States, the European Union, and European countries must continue and increase implementation of sanctions and other appropriate punitive economic tools against PRC firms supporting the Russian Federation’s war against Ukraine, including those supporting Russian paramilitary organizations; the North Atlantic Treaty Organization’s (referred to in this section as NATO) 2022 Strategic Concept correctly recognizes the need to prepare for and respond to the threats posed by the PRC to Euro-Atlantic security, including threats derived from its relationship with the Russian Federation and its efforts to divide United States and European allies; NATO members must work to implement and build on steps identified in NATO’s Strategic Concept, including— building greater NATO expertise on the PRC and its military and intelligence apparatuses; using NATO summits as an opportunity to check progress and update priorities; making any needed adjustments to NATO’s operational plans to account for the ownership or involvement of PRC state-owned enterprises and other entities in space, key seaports, communications nodes, and airports; and instituting standards for NATO member nations’ sales to the PRC or purchases of PRC-owned, security-related infrastructure, companies, and capabilities; the PRC has been clear about its desire to be included in diplomatic discussions about ending Russia’s war in Ukraine, including through the February 2023 publication of a 12-point position paper on the political settlement of the Ukraine crisis and the appointment of a Special Envoy for Eurasian Affairs; the PRC has done nothing to deliver tangible outcomes on the elements of its position paper beyond symbolic actions, including a statement warning against nuclear saber rattling and a single phone call with Ukraine’s president; although the PRC’s position paper calls for the full implementation of the July 2022 United Nations-brokered Black Sea Grain Initiative as a means to maintain global food security, and despite Xi Jinping’s emphasis on food security for his own country, Beijing did nothing to pressure the Russian Federation to return to the deal, which it abrogated in July 2023; in February 2023, President Joseph R. Biden rightly dismissed the PRC’s peace plan (referring to the 12-point position paper), stating that it would not help anyone other than Russia; the Biden Administration’s statements to PRC officials and public pronouncements since May 2023 that the United States is open to a constructive role for the PRC in Ukraine, even describing it as potentially beneficial, are deeply misguided and concerning; given the PRC’s full support for Russia, Xi Jinping and the Government of the PRC should not be viewed as impartial brokers that will bring this war to an end on terms that will be positive for Ukraine, its independence, and the security of Europe; although Russia and the PRC have disagreements, both countries— have independently concluded that their partnership is critical to their shared objective of countering the United States power; and will not be swayed from this belief by strategies to drive a wedge between the 2 countries; openness to PRC diplomatic involvement in Ukraine would set a precedent for allowing further PRC involvement in European security issues, while also allowing Xi Jinping to present himself as a responsible party to the international community; the PRC’s role in a diplomatic peace settlement in Ukraine would clear the way for that country’s substantial involvement in Ukraine’s reconstruction, allowing the PRC to benefit economically after it supported the aggressor and undermining broader United States efforts to counter PRC malign influence in Europe; as earlier PRC investments in Ukraine targeted strategic sectors, any post-war PRC investments in Ukraine would give the PRC access to valuable military technology and know-how, as Ukraine inherited roughly one third of the Soviet Union’s defense-industrial base and 15 percent of Soviet military research and development facilities, and during its war against Russia, has made great strides in the development of certain defense items; given China’s documented track record on corruption, a role for the PRC in Ukraine’s reconstruction would undercut extensive ongoing United States and European efforts to align Ukrainian governance and anti-corruption standards with those of Western institutions, as well as the European Union’s progress in helping Ukraine adhere to the standards required for its prospective entry into the European Union; it is of vital importance that the United States and Europe remain united in confronting the security and economic risks posed by a significant PRC role in diplomatic efforts to end Russia’s war in Ukraine, executing policies that account for greater Sino-Russian alignment, and working together closely on planning ahead for reconstruction to ensure that the PRC does not become Ukraine’s only option; the United States, in collaboration with its partners, should support European countries targeted by Chinese economic coercion and other attempts to exert undue influence , either with respect to Ukraine or other issues; and United States allies and partners in the Indo-Pacific, including Australia, Japan, Taiwan, and South Korea— view the success of Ukraine’s struggle against Russian aggression as a key factor for deterring Chinese aggression in the Indo-Pacific; and have demonstrated this conviction by providing humanitarian and military assistance to Ukraine and building ties with allies in Europe through defense industry relationships.

462. Enhancing United States-Africa trade and investment for prosperity It is the policy of the United States to increase United States investment in Africa, and to promote and facilitate trade between the United States and Africa, focused on key countries and sectors, that supports mutual economic growth and development outcomes, long-term development of markets, and the strategic interests of the United States. The President shall establish an office within a bureau of the United States Agency for International Development (referred to in this section as USAID) to coordinate the activities of the United States Government related to increasing trade and investment between the United States and Africa, which— should include representation from relevant agencies designated by the President; identifies priority countries and sectors for United States foreign investment in countries in Africa and sectors and countries that support United States economic growth and promotes trade based on the analysis required in subsection (c); coordinates activities and implementing mechanisms, including at United States embassies in Africa, to carry out the policy set forth in subsection (a), including by— providing program support and guidance to implement the policy described in subsection (a); providing information and analysis to United States companies and investors in countries and sectors identified pursuant to subparagraph (B); serving, as needed, as an information clearinghouse for the United States Government for businesses, investors, and civic organizations, and others in the United States seeking information related to investing in Africa; and connecting such entities with teams at United States embassies overseas; and identifies barriers to trade and investment in priority countries and sectors and identifies concrete actions that will be taken to address them, including strengthening programs and activities aimed at improving the enabling environment in those countries. The office established pursuant to paragraph (1) shall be led by an Executive Director who shall be designated by the USAID Administrator, and who shall— lead the interagency efforts described in subsection (a); identify, not later than 90 days of the release of the analysis required in subsection (c), a list of priority countries for the purposes of carrying out this Act; plan, coordinate, and oversee the policies, activities, and programs of United States Government Agencies, in the United States and in overseas missions, involved in promoting or facilitating trade, and investment activities between the United States and Africa, and development and coordination of relevant activities meant to improve the enabling environment; identify and provide information about investment opportunities, market information, and United States Government programs to support trade and investment activities in priority countries and sectors identified in paragraph (1)(A); and convene, not less frequently than quarterly, a committee consisting of the directors from each agency designated under subparagraph (B) to provide strategic guidance and coordination for the policy, programs, and activities of Prosper Africa. The President shall designate Federal departments and agencies to participate in support of the policy set forth in subsection (a) and direct the head of each of designated agency— to designate an employee to serve as a focal point for each agencies’ respective activities related to subsection (a), who shall coordinate the relevant activities of their respective agency and liaise with the Executive Director designated pursuant to subparagraph (A); and to designate an employee to serve at United States embassies in priority countries identified in paragraph (1)(A). In order to carry out subsection (a)— the Executive Director shall have the authority, as appropriate, to hire employees and contractors in a manner that is consistent with existing hiring authorities of USAID to support the execution of efforts in paragraph (2), and shall be supported, as appropriate, by staff detailed from any Federal agency designated pursuant to paragraph (2)(B); and the Chief of Mission in priority countries— shall take an active and direct leadership role in promoting, supporting, and facilitating activities pursuant to subsection (a); shall designate a Foreign Service Officer, a Foreign Commercial Service Officer, or other direct hire person under Chief of Mission Authority to lead an interagency team to support activities pursuant to subsection (a) who shall— conduct assessments of market conditions and business operating environments; identify investment opportunities; foster relationships and communications between United States investors and businesses and African businesses and individuals within their country of responsibility; and carry out other duties as necessary; and is authorized to hire locally employed staff with relevant experience to support the activities of the team established pursuant to clause (ii). Not later than 180 days after the date of the enactment of this Act, and every 4 years thereafter until 2031, the Executive Director of Prosper Africa shall commission and publish a study of the investment environment in Africa that incorporates— an analysis of which markets are the most promising for private investment; an analysis of African markets that identifies which industries and sectors United States firms have an advantage in comparison to other sources of foreign direct investment; and an analysis of perceived and actual barriers to United States private investment, including— significant legal and regulatory constraints to foreign investment and business operating environments; reputational risks; investor information gaps; and access to and affordability of capital, labor markets, currency volatility, and infrastructure. To produce the study required under paragraph (1), the Executive Director may enter into an agreement with a qualified United States private sector consultant or subject matter expert who shall conduct the study. The Administrator of the United States Agency for International Development shall submit each study required under paragraph (1) to the appropriate congressional committees and shall make each such study publicly available. The Executive Director shall identify the priority countries of the Prosper Africa program, pursuant to subsection (b)(2)(A)(2), based on the findings of the study required under paragraph (1). To the extent practicable, Prosper Africa shall promote and facilitate investments in small and medium enterprises, including by establishing and supporting relationships between United States Government institutions, philanthropic institutions, and private lenders to mobilize blended finance for small and medium enterprises in Africa. Prosper Africa shall seek to support and facilitate investments in Africa by United States citizens and residents who identify as members of the African Diaspora. The Prosper Africa Coordinator shall consult with the President’s Advisory Council on African Diaspora Engagement in the United States (referred to in this subsection as the Council), established by Executive Order 14089, on issues relating to increasing, developing, and sustaining investments in Africa by United States members of the African diaspora. The Executive Director shall recommend to the President for appointment to the Council not fewer than 3 individuals who have significant relevant experience in the fields of trade, private investment, economics, or international development, or other relevant fields. The Council shall publish an annual report on investment in Africa by United States members of the African diaspora and barriers to increased investment by the diaspora. The Prosper Africa Coordinator shall organize public meetings throughout the United States with members of the African Diaspora community that— provide a forum for communication, education, and information about investment opportunities; and may be coordinated with local civic, community, and business organizations, as appropriate. The Prosper Africa Coordinator, in coordination with the respective Chiefs of Mission at designated United States Embassies, shall seek to strengthen the business enabling environment in Africa by— identifying barriers to United States investment on a country-by-country basis; identifying existing development and technical assistance programs that can serve to eliminate the barriers in paragraph (1); ensuring country development cooperation strategies and regional development cooperation strategies incorporate program and activities, focused on addressing specific barriers to private sector investment as identified in paragraph (1); and providing policy advice and technical assistance to select African countries to develop and improve regulatory and legal structures, taxation and customs regimes, policy frameworks, and other relevant structures and practices to improve the operating environments for businesses and eliminate other barriers to competition. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report containing recommendations for improving effectiveness of United States Government actions to carry out subsection (a), including by evaluating the effectiveness of the organizational structure and staffing of this section the effectiveness of the steps undertaken to carry out subsection (d) and the applicability of metrics used to produce this report.

463. Report on Horn of Africa It is the sense of Congress that— it is in the interest of the United States to engage in diplomatic efforts in the Red Sea region that counter PRC influence through increased United States engagement that— promotes the strengthening of free, open, transparent, democratic partners; encourages international dialogue on shared transnational security issues; assesses the root causes of forced migration and cooperatively responds to vulnerable refugees; maintains secure and free navigation of international waters to encourage international economic integration and mitigate threats; prevents and counters violent extremism, as well as the illicit activities that enable terrorist activities; and monitors and combats illegal, unreported, and unregulated fishing; increased United States engagement in the Horn of Africa and Red Sea region has presented an opportunity to build and strengthen security cooperation with key partners in that region; the Red Sea region includes a strategic maritime choke point, the Bab-al-Mandeb Strait, which— connects the Red Sea to the Gulf of Aden; and is essential to support United States national security interests, including countering the flows of Iranian lethal aid to Yemen and facilitating the free flow of commerce; increased United States engagement with Somaliland, which occupies a strategic geographic location in the Horn of Africa and is adjacent to strategic maritime routs in the Red Sea and Gulf of Aden could— contribute to the achievement of United States national security interests given the evolving security situating in the region; and could provide flexibility with regards to the delivery of humanitarian assistance in the Horn of Africa region and beyond; and security cooperation in the Red Sea and Gulf of Aden region is critical— to maintaining a de facto ceasefire in Yemen; and to further a political resolution to the Yemeni conflict. It is the policy of the United States— to establish and maintain an approach towards the Red Sea region that promotes United States economic, political, and security interests in the region; to facilitate and support sustained regional dialogue between the United States and countries in the Red Sea region and other non-littoral states that have interests in the Red Sea region by creating lasting mechanisms for cooperative, multinational efforts to advance democracy, human rights, good governance, combat illegal, unregulated, and unreported fishing; counter-terrorism, counter-smuggling, conflict prevention, resolution, and adaptation in and surrounding the Red Sea region; to preserve and enhance a free, stable, prosperous Red Sea region by supporting and defending principles that contribute to such conditions, including by supporting— the sovereignty and self-determination of countries in the Red Sea region; sustainable economic development; increased democratization and respect for internationally recognized human rights; transparent and accountable governance; prudent management of natural resources and enhanced food security; protection of migrants and refugees; and women and girls with attention to gender-based violence in the region; to secure the safe transit of vessels through the Red Sea waterways and mitigate threats to maritime security posed by malign actors, including the Houthis in Yemen, by— helping build the capacity of partner countries and sharing information with regional partners, where appropriate; securing coastal infrastructure critical to the interests of the United States, including United States military bases, ports, undersea communication cables, oil pipelines, and depots; supporting, where appropriate, law enforcement and defense capabilities of Red Sea region partners; enabling partner nations’ defensive capabilities and encouraging counter-smuggling operations; and reducing human, narcotics, and arms trafficking, piracy, and illegal, unregulated, and unreported fishing; to bolster preventative diplomacy to prevent conflicts and to support the peaceful resolution of conflict within and among countries; to analyze and address natural and man-made environmental threats in cooperation with our partners in the region, including risk of oil spills, locusts, threats to regional water supplies, and developmental activities; to encourage principled, transparent foreign investment and trade, with a particular emphasis on the Horn of Africa, including by United States and Western corporations; to ensure foreign investments and presence, including economic, military, or otherwise, do not result in the destabilization of any countries; to help countries address opaque investments and undue influence by malign actors and promote and assist with the development of strategies to ensure transparency and fair treatment by foreign actors; to help countries respond to violent extremist groups that threaten stability and disrupt their funding and weapons supplies; to increase United States diplomatic presence and influence; to counter PRC military, diplomatic, economic and cultural influence in the Red Sea region through increased United States engagement, including democracy and governance assistance, economic assistance, infrastructure investment and security assistance and cooperation; and to mitigate threats posed by the Houthis in Yemen to regional stability and to vessels transiting the Red Sea or Gulf of Aden by enabling partner nations’ defensive capabilities and encouraging counter-smuggling operations. Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Defense, the Administrator of the United States Agency for International Development, and the heads of other relevant Federal Government agencies, shall submit to the appropriate congressional committees a 5-year integrated strategy for the Red Sea region that includes— a clear articulation of the security, political, and economic interests of the United States, with special emphasis on the promotion of the policy objectives in subsection (b); plans for ensuring the Red Sea Security Forum required under subsection (f) will further shared interests between the United States and partners and allies in democracy, human rights, inclusive governance, economic development, anti-corruption, counter-terrorism, conflict prevention and resolution, and other relevant areas; plans for fostering regional cooperation on issues, such as migration, including forced migration and its root causes, and supporting refugee assistance; plans for increasing United States economic engagement in the region through diplomatic and, where applicable, programmatic support for— a rules-based investment climate; United States private sector investment; regional economic integration, if and as appropriate; and an assessment that clearly identifies the implications of investment schemes of malign actors and strategic competitors in the Red Sea region; plans for ensuring engagement, as appropriate, of initiatives such as Prosper Africa, Power Africa, the Middle East Partnership Initiative, and expertise of independent United States Government agencies, such as the Development Finance Corporation, the United States African Development Foundation, and other relevant United States Government programs to carry out activities that advance United States security, environment, energy, and economic interests in the Red Sea region; plans for supporting specific programs and activities required to help bolster military and civilian capacity to prevent and counter violent extremism, to reduce human, narcotics, and arms trafficking, and to maintain the secure and free flow of United States and partner military and commercial vessels informed by a county by country assessment of the gaps left by current programming, and in accordance with international humanitarian law; plans for protecting coastal infrastructure critical to United States interests and, where appropriate, enhance partner government capacity to that end, including United States military bases, ports, undersea communication cables, and oil pipelines and depots; and plans for countering Russian and PRC military, diplomatic, economic and cultural influence in the Red Sea region. Not later than 120 days after the date of enactment of this Act, the Secretary shall consult with the appropriate congressional committees on the strategy detailed in subsection (c). There may be established within the Department of State an Office of the United States Senior Coordinator for the Red Sea Region, which shall be led by a Senate-confirmed Senior Coordinator who shall work closely with the Bureaus of African Affairs, Near Eastern Affairs, relevant Department bureaus and offices, the Department of Defense, the United States Agency for International Development and others in the United States Government to develop, integrate, and coordinate a strategic approach towards the Red Sea region and who shall— be subject to the advice and consent of the Senate; report directly to the Under Secretary of State for Political Affairs; coordinate the development and lead the implementation of the strategy required under subsection (c); ensure, in consultation with the Assistant Secretary of State for African Affairs and the Assistant Secretary of State for Near Eastern Affairs, that United States Ambassadors in the Red Sea region— are aware of such strategy; and are taking concrete actions on a regular basis in the countries in which they serve to help further such strategy; ensure relevant Department of State programs and activities being carried out in the Red Sea region are coordinated in such a way that they advance the policy and strategy described in [section b and c]; coordinate, through the establishment of an interagency working group, with the Assistant Administrators for Africa, the Middle East, and other relevant USAID bureaus, and with the Deputy Assistant Secretaries of Defense for Africa and the Middle East at Department of Defense to identify programs and activities of their respective bureaus and agencies that will support the strategy described in subsection (c); lead United States diplomatic efforts on transnational issues in the Red Sea region; and ensure that appropriate congressional committees are regularly informed relative to Red Sea and Gulf of Aden issues. Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that examines— the feasibility of adding at least 1 additional position to United States diplomatic posts at each of the embassies in the Red Sea region; any other explicit personnel plans to increase reporting on, among other issues, political, economic, and security engagement in the Red Sea region by actors from outside the region, especially the PRC, the Russian Federation, Iran, the Republic of Türkiye, and the Arabian Gulf countries; and actions taken by countries that could have a destabilizing effect on the Red Sea region. Not later than 30 days after the date of the enactment of this Act, the Secretary shall create a Red Sea region category within the internal reporting system of the Department of State to enable readers from throughout the United States Government to better identify and access reporting pertaining to the Red Sea region. The Secretary, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development, shall convene an annual security forum involving United States and foreign diplomatic, development and defense officials, representatives of multilateral organizations, and civil society to identify and develop approaches to shared challenges in the Red Sea region, including— countering PRC influence; maritime security and transnational threats including counter-terrorism, piracy and arms, and narcotics trafficking; food security; trade; forced migration; and environmental security. Not later than 1 year after the date of the enactment of this Act, and annually for the following 4 years, the Secretary shall submit a report to the appropriate congressional committees that includes— the status of the implementation of the strategy required under subsection (c); a description of the engagement of international actors in countries in Africa that are part of the Red Sea region, with special emphasis on the PRC, the Russian Federation, Iran, the Republic of Türkiye, and Arabian Gulf countries, the implications of their engagement for the national security interests of the United States, and steps taken to counter the influence of the aforementioned international actors; a detailed description of the illicit networks that move people, narcotics, and arms across the Red Sea region; a discussion of key foreign investors and investments in the Red Sea region initiated over the previous year, including by United States and foreign actors; a country-by-country itemization of all United States democracy and governance assistance provided to countries in the Red Sea region, broken down by program and by funding sources and levels, along with an identification of the intended and actual outcomes; a country-by-country itemization of all United States security assistance provided to countries in the Red Sea region, along with an identification of the security capabilities of countries in the Red Sea region, intended gaps in capabilities that United States assistance is intended to fill, and actual outcomes; an assessment of the extent to which a sustained United States presence in Somaliland would— support United States policy focused on the Red Sea region, including the promotion of conflict avoidance and resolution; improve cooperation on counter-terrorism and intelligence sharing, including by— degrading and ultimately defeating the terrorist threat posed by Al-Shabaab, the Islamic State in Somalia, and other terrorist groups operating in Somalia; and countering the malign influence of the Iranian regime and its terror proxies; enhance cooperation on counter-trafficking, including the trafficking of humans, wildlife, weapons, and illicit goods; support trade and development in the region; recommendations for facilitating the distribution of humanitarian assistance in the Horn of Africa; and recommendation for countering the presence of the Russian Federation and the PRC in the Horn of Africa, including by detailing— the PRC’s interest in access to port facilities in Djibouti, Mombasa, Massawa, and Assab; the PRC’s role in fomenting unrest in the Sool region of Somaliland; and the role Somaliland’s relationship with the Republic of China (Taiwan) counters PRC influence in the region and contributes to United States interests. The report required under this section shall be unclassified to the maximum extent practicable, but may include a classified annex.

464. Sense of Congress on Jackson-Vanik It is the sense of Congress that it is in the interests of the United States to waive the application of section 402(e) of the Trade Act of 1974 (19 U.S.C. 2432(e)) with respect to Uzbekistan (upon Uzbekistan's accession to the World Trade Organization) and with respect to Kazakhstan.

471. Global peace operations initiative Section 552 of the Foreign Assistance Act of 1961 (22 U.S.C. 2348a) is amended by adding at the end the following: None of the funds authorized to be appropriated or otherwise made available to carry out this chapter, including for the Global Peace Operations Initiative of the Department of State, may be used to train or support foreign military forces in peacekeeping training exercises implemented by the Government of the People’s Republic of China or the People’s Liberation Army, unless, by not later than October 1 of each year, the Secretary certifies to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that such training or support is important to the national security interests of the United States. (e)None of the funds authorized to be appropriated or otherwise made available to carry out this chapter, including for the Global Peace Operations Initiative of the Department of State, may be used to train or support foreign military forces in peacekeeping training exercises implemented by the Government of the People’s Republic of China or the People’s Liberation Army, unless, by not later than October 1 of each year, the Secretary certifies to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that such training or support is important to the national security interests of the United States..

472. Office on Multilateral Strategy and Personnel The Bureau of International Organization Affairs of the Department of State shall create and maintain, within the Bureau, the Office on Multilateral Strategy and Personnel, which shall— create, coordinate, and maintain a whole-of-government strategy to strengthen United States engagement and leadership with multilateral institutions; coordinate United States Government efforts related to the United Nations Junior Professional Office program (referred to in this section as JPO), including— recruiting qualified individuals who represent the United States rich diversity to apply for United States-sponsored JPO positions; collecting and collating information about United States-sponsored JPOs from across the United States Government; establishing and providing orientation and other training to United States-sponsored JPOs; maintaining regular contact with current and former United States-sponsored JPOs, including providing career and professional advice to United States-sponsored JPOs; making strategic decisions, including regarding the location and duration of United States-sponsored JPO positions, to strengthen United States national security interests and the competitive advantage of United States-sponsored JPOs for future employment; sponsoring events, including representational events, as appropriate, to support United States-sponsored JPOs; and evaluating the efficacy of the United States JPO strategy and its implementation at regular intervals; coordinate and oversee a whole-of-government United States strategy and efforts in relation to promoting qualified candidates, including candidates from partner or allied nations, to elected or appointed to senior positions at multilateral institutions, including— creating a whole-of-government strategy that identifies and prioritizes upcoming openings of leadership positions at multilateral organizations; identifying and recruiting qualified candidates to apply or run for such positions; and creating and implementing a strategy to obtain the support necessary for candidates for such positions, including— liaising and coordinating with international partners to promote candidates; and working with embassies to lobby other officials needed to support relevant candidates; promote detail and transfer opportunities for qualified United States personnel to multilateral organizations under section 3343 or 3581 of title 5, United States Code, including— by liaising with multilateral institutions to promote and identify detail and transfer opportunities; by developing and maintaining a database of detail and transfer opportunities to multilateral organizations; by promoting such detail and transfer opportunities within the United States Government and making such database available to those eligible for details and transfers; and by facilitating any relevant orientation, training, or materials for detailees and transferees, including debriefing detailees and transferees upon their return to the United States Government; and develop and oversee official and regular United States Government fellowships at multilateral institutions to provide United States Government personnel additional opportunities to undertake details at multilateral institutions.

473. Authorization of appropriations for Junior Professional Officer positions and United States candidates for leadership positions in multilateral institutions There are authorized to be appropriated $10,000,000, for each of the fiscal years 2024 through 2030, which, upon appropriation, shall remain available until expended and shall be used by the Secretary to support Junior Professional Officer positions at multilateral institutions, including by— recruiting, training, and hosting events related to such positions; and promoting United States candidates for leadership positions at multilateral institutions. Not later than 15 days before obligating any funds appropriated pursuant to subsection (a), the Secretary shall notify the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives regarding the amount and proposed use of such funds.

474. Safeguarding the integrity of the United Nations system It is the sense of the Congress that— the United Nations system is critical to advancing peace and security, internationally recognized human rights, and development; the United States benefits from opportunities at the United Nations to engage in multilateral diplomacy— to advance its own interests; and to work with other members of the international community to address complex and shared challenges; and the United States has an interest in safeguarding the integrity the United Nations system. The Secretary, in coordination with the Permanent Representative of the United States to the United Nations, as appropriate, shall prioritize the United Nations system, including by instructing the senior leadership of the United States Mission to the United Nations and other United States missions to the United Nations— to promote United States participation in the United Nations system, and that of United States allies and partners who are committed to upholding the integrity of the United Nations; to ensure that United Nations employees are held accountable to their obligation to uphold the United Nations charter, rules, and regulations; to monitor and counter undue influence, especially by authoritarian governments, within the United Nations system; to promote the participation and inclusion of Taiwan throughout the United Nations system and its affiliated agencies and bodies; and to advance other priorities deemed relevant by the Secretary and the Permanent Representative of the United States to the United Nations to safeguard the integrity of the United Nations system.

475. Department of State report on the People’s Republic of China’s United Nations peacekeeping efforts Not later than January 31 of each year through January 31, 2027, the Secretary shall submit a report to the appropriate congressional committees describing the People’s Republic of China's United Nations peacekeeping efforts. The report required under subsection (a) shall include an assessment of the PRC's contributions to United Nations peacekeeping missions, including— a detailed list of the placement of PRC peacekeeping troops; a list of the number of troops participating in the United Nations Peacekeeping Mission from the PRC, the United States, and other permanent members of the United Nations Security Council; an estimate of when the PRC is expected to surpass the United States as the top financial contributor to the United Nations peacekeeping operations; an estimate of the amount of money that the PRC receives from the United Nations for its peacekeeping efforts; an estimate of the portion of the money the PRC receives for its peacekeeping operations and troops that comes from United States contributions to United Nations peacekeeping efforts; an analysis comparing the locations of PRC peacekeeping troops and the locations of One Belt, One Road projects; and an assessment of the number of Chinese United Nations peacekeepers who are part of the People’s Liberation Army or the People’s Armed Police, including the rank, division, branch, and theater command of such peacekeepers.

501. Imposition of sanctions with respects to systematic rape, coercive abortion, forced sterilization, or involuntary contraceptive implantation in the Xinjiang Uyghur Autonomous Region Section 6(a)(1) of the Uyghur Human Rights Policy Act of 2020 (Public Law 116–145; 22 U.S.C. 6901 note) is amended— by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and by inserting after subparagraph (D) the following: Systematic rape, coercive abortion, forced sterilization, involuntary contraceptive implantation policies and practices, or any other type of sexual or gender based violence. The amendment made by subsection (a)— shall take effect on the date of the enactment of this Act; and shall apply with respect to the first report required under section 6(a)(1) of the Uyghur Human Rights Policy Act of 2020 (Public Law 116–145; 22 U.S.C. 6901 note) submitted after such date of enactment. (E)Systematic rape, coercive abortion, forced sterilization, involuntary contraceptive implantation policies and practices, or any other type of sexual or gender based violence..

502. Removal of members of the United Nations Human Rights Council that commit human rights abuses The President shall direct the Permanent Representative of the United States to the United Nations to use the voice, vote, and influence of the United States— to reform the process for suspending the rights of membership on the United Nations Human Rights Council for countries whose governments commit gross and systemic violations of human rights, including— seeking to lower the threshold vote at the United Nations General Assembly for suspension of the rights of membership to a simple majority; ensuring information detailing a member country’s human rights record is publicly available before a vote on suspension of its rights of membership; and making the vote of each country on the suspension of rights of membership from the United Nations Human Rights Council publicly available; to reform the rules for electing members to the United Nations Human Rights Council to seek to ensure United Nations members whose governments have committed gross and systemic violations of internationally recognized human rights are not elected to the Human Rights Council; and to oppose the election to the Human Rights Council of any United Nations member— the government of which has been determined to be engaging in a consistent pattern of gross violations of internationally recognized human rights pursuant to section 116 or section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n and 2304); currently designated as a state sponsor of terrorism; currently designated as a Tier 3 country under section 110(b)(1)(C) the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101(b)(1)(C)); the government of which is identified on the list published by the Secretary pursuant to section 404(b) of the Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c–1(b)) as a government that recruits and uses child soldiers; or the government of which the United States determines to have committed genocide, crimes against humanity, war crimes, or ethnic cleansing.

503. United Nations policy and international engagement on the reincarnation of the Dalai Lama and religious freedom of Tibetan Buddhists It is the policy of the United States, as provided under section 342(b) of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260), that any interference by the Government of the People’s Republic of China or any other government in the process of recognizing a successor or reincarnation of the 14th Dalai Lama and any future Dalai Lamas would represent a clear abuse of the right to religious freedom of Tibetan Buddhists and the Tibetan people. The Secretary should engage with United States allies and partners to— support Tibetan Buddhist religious leaders’ sole religious authority to identify and install the 15th Dalai Lama; oppose claims by the Government of the People’s Republic of China that the PRC has the authority to decide for Tibetan Buddhists the 15th Dalai Lama; and reject interference by the Government of the People’s Republic of China in the religious freedom of Tibetan Buddhists.

601. Short title This title may be cited as the Biological Weapons Act of 2024.

602. Definitions In this title: The term appropriate congressional committees means— the Committee on Foreign Relations of the Senate; the Committee on Armed Services of the Senate; the Select Committee on Intelligence of the Senate; the Committee on Foreign Affairs of the House of Representatives; the Committee on Armed Services of the House of Representatives; and the Permanent Select Committee on Intelligence of the House of Representatives. The term Biological Weapons Convention means the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological and Toxin Weapons and on their Destruction, done at Washington, London, and Moscow, April 10, 1972. The term dual-use research of concern is life sciences research that— involves an international partner; and based on current understanding, can be reasonably anticipated to provide knowledge, information, products, or technologies that could be directly misapplied to pose a significant threat with broad potential consequences to public health and safety, agricultural crops and other plants, animals, the environment, materiel, or national security. The term other international life sciences research of concern means research that— is conducted by or with an international partner; involves, or is anticipated to involve— enhancing a potential pandemic pathogen; the characterization of pathogens with pandemic potential; or modifying a pathogen in such a way that it could acquire pandemic potential; or involves enhancing the pathogenicity, contagiousness, or transmissibility of viruses or bacteria in ways or for purposes that can be reasonably anticipated to pose a threat to public health and safety or national security.

603. Statement of policy It is the policy of the United States— to conduct rigorous scrutiny of and regularly review international biological, bacteriological, virological, and other relevant research collaboration that could be weaponized or reasonably considered dual-use research of concern, and incorporate national security and nonproliferation considerations and country-specific conditions into decisions regarding such collaborations; to ensure that, in the search for solutions to pressing global health challenges, United States Government support for public health research and other actions does not advance the capabilities of foreign adversaries in the area of dual-use research of concern or inadvertently contribute to the proliferation of biological weapons technologies; and to declassify, to the maximum extent possible, all intelligence relevant to the PRC’s compliance or lack of compliance with its obligations under the Biological Weapons Convention, and other national security concerns regarding PRC biological, bacteriological, virological, and other relevant research that could be weaponized or reasonably considered dual-use research of concern that may be outside the scope of the Biological Weapons Convention.

604. Amendments to the Secretary of State's authority under the Arms Control and Disarmament Act Section 301(a) of the Arms Control and Disarmament Act (22 U.S.C. 2571(a)) is amended by inserting biological, virological, after bacteriological. Title III of the Arms Control and Disarmament Act (22 U.S.C. 2571 et seq.) is amended by adding at the end the following: In this section: The term appropriate committees of Congress means— the Committee on Foreign Relations of the Senate; the Committee on Health, Education, Labor, and Pensions of the Senate; the Committee on Foreign Affairs of the House of Representatives; and the Committee on Energy and Commerce of the House of Representatives. The term dual-use research of concern has the meaning given such term in section 602 of the Biological Weapons Act of 2024. The term other international life sciences research of concern has the same meaning as defined by section 602 of the Biological Weapons Act of 2024. The Secretary, with respect to oversight of dual-use research of concern and other international life sciences research of concern, shall— ensure robust and consistent Department of State participation in interagency processes and review mechanisms; require the Administrator of the United States Agency for International Development to report to, and consult with, the Department of State regarding any proposed programs, projects, initiatives, or funding for dual-use research of concern or other international life sciences research of concern; evaluate whether proposed international scientific and technological cooperation activities in which the United States Government participates that involves dual-use research of concern or other international life sciences research of concern, including research related to biological agents, toxins, and pathogens, aligns with the United States National Security Strategy and related strategic documents; direct the Department of State— to implement prohibitions and enhanced restrictions on high-risk life sciences research with United States adversaries, especially the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, and the Democratic People’s Republic of Korea; and to adhere to such prohibitions and enhanced restrictions when participating in interagency processes and review mechanisms related to dual-use research of concern and other international life sciences research of concern; create, in consultation with other Federal departments and agencies, policies and processes for post-award oversight of grants and funding for dual-use research of concern and other international life sciences research of concern that— are aligned with existing laws and regulations; provide grants or funding from other Federal departments and agencies; and keep the Department of State apprised of any national security or foreign policy concerns that may arise with respect to a project funded by another Federal department or agency; conduct periodic reviews of the adequacy of consultative mechanisms with other Federal departments and agencies with respect to oversight of dual-use research of concern and other international life sciences research of concern, especially consultative mechanisms mandated in United States law, and identify recommendations for improving such consultative mechanisms; direct Chiefs of Mission to ensure— country team assessments are submitted to the Department of State and the head of the Federal department or agency proposing to sponsor programs and collaborations to scrutinize whether such programs or collaborations involve dual-use research of concern or other life international life sciences research of concern; and such assessments are integrated into relevant interagency processes; and direct Chiefs of Mission to increase embassy reporting in other countries on dual-use research of concern, other international life sciences research of concern, biosecurity hazards trends in the development of synthetic biology and biotechnology, and other related matters. Not later than 1 year after the date of the enactment of this Act, and biennially thereafter for the following 5 years, the Secretary shall submit a report to the appropriate congressional committees that describes the implementation of subsection (b). Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary should shall submit to the appropriate committees of Congress a report describing any research or other collaboration, including transfer agreements, memoranda of understanding, joint research projects, training, and conferences that involve significant knowledge transfer, that meets the definitions outlined in subsection (c) that was approved or not objected to by the Secretary of State and the justification for such approval or lack of an objection. 309.Authorities with respect to dual-use research of concern and other international life sciences research of concern(a)DefinitionsIn this section:(1)Appropriate committees of congressThe term appropriate committees of Congress means—(A)the Committee on Foreign Relations of the Senate;(B)the Committee on Health, Education, Labor, and Pensions of the Senate;(C)the Committee on Foreign Affairs of the House of Representatives; and (D)the Committee on Energy and Commerce of the House of Representatives. (2)Dual-use research of concernThe term dual-use research of concern has the meaning given such term in section 602 of the Biological Weapons Act of 2024.(3)Other international life sciences research of concernThe term other international life sciences research of concern has the same meaning as defined by section 602 of the Biological Weapons Act of 2024.(b)Oversight of dual use research of concern and other international life sciences research of concernThe Secretary, with respect to oversight of dual-use research of concern and other international life sciences research of concern, shall—(1)ensure robust and consistent Department of State participation in interagency processes and review mechanisms;(2)require the Administrator of the United States Agency for International Development to report to, and consult with, the Department of State regarding any proposed programs, projects, initiatives, or funding for dual-use research of concern or other international life sciences research of concern;(3)evaluate whether proposed international scientific and technological cooperation activities in which the United States Government participates that involves dual-use research of concern or other international life sciences research of concern, including research related to biological agents, toxins, and pathogens, aligns with the United States National Security Strategy and related strategic documents;(4)direct the Department of State—(A)to implement prohibitions and enhanced restrictions on high-risk life sciences research with United States adversaries, especially the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, and the Democratic People’s Republic of Korea; and (B)to adhere to such prohibitions and enhanced restrictions when participating in interagency processes and review mechanisms related to dual-use research of concern and other international life sciences research of concern; (5)create, in consultation with other Federal departments and agencies, policies and processes for post-award oversight of grants and funding for dual-use research of concern and other international life sciences research of concern that—(A)are aligned with existing laws and regulations;(B)provide grants or funding from other Federal departments and agencies; and(C)keep the Department of State apprised of any national security or foreign policy concerns that may arise with respect to a project funded by another Federal department or agency;(6)conduct periodic reviews of the adequacy of consultative mechanisms with other Federal departments and agencies with respect to oversight of dual-use research of concern and other international life sciences research of concern, especially consultative mechanisms mandated in United States law, and identify recommendations for improving such consultative mechanisms;(7)direct Chiefs of Mission to ensure—(A)country team assessments are submitted to the Department of State and the head of the Federal department or agency proposing to sponsor programs and collaborations to scrutinize whether such programs or collaborations involve dual-use research of concern or other life international life sciences research of concern; and (B)such assessments are integrated into relevant interagency processes; and(8)direct Chiefs of Mission to increase embassy reporting in other countries on dual-use research of concern, other international life sciences research of concern, biosecurity hazards trends in the development of synthetic biology and biotechnology, and other related matters.(c)Reports to CongressNot later than 1 year after the date of the enactment of this Act, and biennially thereafter for the following 5 years, the Secretary shall submit a report to the appropriate congressional committees that describes the implementation of subsection (b).(d)Annual report on approvals of collaborationNot later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary should shall submit to the appropriate committees of Congress a report describing any research or other collaboration, including transfer agreements, memoranda of understanding, joint research projects, training, and conferences that involve significant knowledge transfer, that meets the definitions outlined in subsection (c) that was approved or not objected to by the Secretary of State and the justification for such approval or lack of an objection..

309. Authorities with respect to dual-use research of concern and other international life sciences research of concern In this section: The term appropriate committees of Congress means— the Committee on Foreign Relations of the Senate; the Committee on Health, Education, Labor, and Pensions of the Senate; the Committee on Foreign Affairs of the House of Representatives; and the Committee on Energy and Commerce of the House of Representatives. The term dual-use research of concern has the meaning given such term in section 602 of the Biological Weapons Act of 2024. The term other international life sciences research of concern has the same meaning as defined by section 602 of the Biological Weapons Act of 2024. The Secretary, with respect to oversight of dual-use research of concern and other international life sciences research of concern, shall— ensure robust and consistent Department of State participation in interagency processes and review mechanisms; require the Administrator of the United States Agency for International Development to report to, and consult with, the Department of State regarding any proposed programs, projects, initiatives, or funding for dual-use research of concern or other international life sciences research of concern; evaluate whether proposed international scientific and technological cooperation activities in which the United States Government participates that involves dual-use research of concern or other international life sciences research of concern, including research related to biological agents, toxins, and pathogens, aligns with the United States National Security Strategy and related strategic documents; direct the Department of State— to implement prohibitions and enhanced restrictions on high-risk life sciences research with United States adversaries, especially the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, and the Democratic People’s Republic of Korea; and to adhere to such prohibitions and enhanced restrictions when participating in interagency processes and review mechanisms related to dual-use research of concern and other international life sciences research of concern; create, in consultation with other Federal departments and agencies, policies and processes for post-award oversight of grants and funding for dual-use research of concern and other international life sciences research of concern that— are aligned with existing laws and regulations; provide grants or funding from other Federal departments and agencies; and keep the Department of State apprised of any national security or foreign policy concerns that may arise with respect to a project funded by another Federal department or agency; conduct periodic reviews of the adequacy of consultative mechanisms with other Federal departments and agencies with respect to oversight of dual-use research of concern and other international life sciences research of concern, especially consultative mechanisms mandated in United States law, and identify recommendations for improving such consultative mechanisms; direct Chiefs of Mission to ensure— country team assessments are submitted to the Department of State and the head of the Federal department or agency proposing to sponsor programs and collaborations to scrutinize whether such programs or collaborations involve dual-use research of concern or other life international life sciences research of concern; and such assessments are integrated into relevant interagency processes; and direct Chiefs of Mission to increase embassy reporting in other countries on dual-use research of concern, other international life sciences research of concern, biosecurity hazards trends in the development of synthetic biology and biotechnology, and other related matters. Not later than 1 year after the date of the enactment of this Act, and biennially thereafter for the following 5 years, the Secretary shall submit a report to the appropriate congressional committees that describes the implementation of subsection (b). Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary should shall submit to the appropriate committees of Congress a report describing any research or other collaboration, including transfer agreements, memoranda of understanding, joint research projects, training, and conferences that involve significant knowledge transfer, that meets the definitions outlined in subsection (c) that was approved or not objected to by the Secretary of State and the justification for such approval or lack of an objection.

605. Report on threats related to specific dual use research of concern and other international life sciences research of concern Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary shall submit to the Foreign Relations Committee of the Senate and the Foreign Affairs Committee of the House of Representatives an assessment of the key national security risks of dual-use research of concern or other international life sciences research of concern, including— major issues the Department of State is prioritizing with respect to the misuse or weaponization of, or that be reasonably anticipated to be misused or weaponized, biological, bacteriological, and virological research, or the misuse or weaponization of, or that be reasonably anticipated to be misused or weaponized, any other category of dual-use research of concern or other international life sciences research of concern by state and non-state actors; the Department of State’s efforts to develop and promote measures to prevent such misuse, weaponization, or proliferation of dual-use research of concern or other international life sciences research of concern; an assessment of targeted national level and government directed policies, research initiatives, or other relevant efforts focused on dual-use research of concern or other international life sciences research of concern, including— the People’s Republic of China; the Russian Federation; the Islamic Republic of Iran; the Democratic People’s Republic of Korea; any other nation identified in the report required under section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a); and any terrorist group or malign non-state actor; an assessment of the national security concerns posed by any of the activities described in paragraph (1) or (3); a description of collaboration between ostensibly civilian entities, including research laboratories, and military entities, involving the activities identified in paragraph (3); a description of the confidence-building measures or other attempts by the countries referred to in paragraph (3) to justify, clarify, or explain the activities described in such paragraph; the extent to which the Secretary assesses the Biological Weapons Convention and any other relevant international agreements account for or keep pace with the security threats of the activities identified in paragraph (3); a description of the process used by the United States Government, including the role of the Department of State, to approve and review funding or other support, including subgrants in other countries for dual-use research of concern or other life sciences research of concern, including research related to biological agents, toxins, and pathogens that poses, or can reasonably be anticipated to pose, a risk of misuse, weaponization, or other threat to United States national security; a list and description of United States Government interagency mechanisms and international groups or coordinating bodies on biosecurity and dual-use research of concern in which the Department of State is a member or has a formal role; and a description of any obstacles or challenges to the ability of United States Government to address the requirements specified in this section, including a description of gaps in authorities, intelligence collection and analysis, organizational responsibilities, and resources.

606. Report on United States funding research with the PRC The President shall— not later than 400 days after the date of the enactment of this Act, conduct a formal review regarding all United States Government-funded research collaboration initiatives conducted with international partners during the 20-year period ending on such date of enactment with the PRC related to research areas that pose potential biological weapons proliferation risks or meet the criteria of dual-use research of concern or other international life sciences research of concern; and not later than 15 days after completing the review pursuant to paragraph (1), submit a written, unclassified report, which may include a classified annex, to— the Committee on Foreign Relations of the Senate; the Committee on Health, Education, Labor, and Pensions of the Senate; the Committee on Armed Services of the Senate; the Committee on Foreign Affairs of the House of Representatives; the Committee on Energy and Commerce of the House of Representatives; and the Committee on Armed Services of the House of Representatives. The report required under subsection (a)(2) shall— provide a detailed description and example of projects of the initiatives identified pursuant to subsection (a), the current status of such programs, including— dates of initiation and termination; and the criteria for granting approval of funding; outline the procedures used to approve or deny such grants or other funding, including the coordination, if any, between agencies responsible for public health preparedness and biomedical research agencies, including the Department of Health and Human Services, and national security agencies, including the Department of State, the Department of Defense, and the intelligence community; identify gaps in United States Government safeguards regarding sufficient measures to prevent any such research intended for civilian purposes from being diverted for military research in the PRC; include an assessment of how to best address any such procedural gaps, especially regarding greater interagency input; explain how the research conducted with the grants and funding requests referred to in paragraph (1) may have contributed to the development of biological weapons, or the development of technology and advancements that meet the criteria of dual-use research of concern or other international life sciences research of concern in the PRC; explain how the United States Government’s understanding of the PRC’s military-civil fusion national strategy— informed and affected such funding decisions; and will inform future funding decisions in research related to gain-of-function, synthetic biology, biotechnology, or other research areas that pose biological weapons proliferation or dual-use concerns; explain whether any United States Government funding was used to support gain-of-function research in the PRC during the United States moratorium on such research between 2014 and 2017; identify the steps taken the by United States Government, if any, to apply additional scrutiny to United States Government funding, including subgrants, to support gain-of-function research in the PRC after the United States Government lifted the moratorium on gain-of-function research in 2017; and include any other relevant matter discovered during the course of such review.

607. Biological and toxin weapons review conference In order to promote international peace and security, it is the policy of the United States to promote compliance with the Biological Weapons Convention in accordance with subsections (b) through (d). Before each Review Conference of the Biological Weapons Convention, the Secretary shall— demand greater transparency from the Government of the PRC’s activities on dual-use research of concern and the applications of such research that raise concerns regarding its compliance with Article I of the Biological Weapons Convention; engage with other governments, the private sector (including in relevant science and technology fields), and other stakeholders, as appropriate, regarding— United States concerns about the PRC’s compliance with the Biological Weapons Convention; and the national security, public health, and non-proliferation implications of such concerns; emphasize that the PRC’s national strategy of military-civil fusion undermines the underlying utility and effectiveness of the Biological Weapons Convention, which may not adequately capture the full range of technologies with dual-use implications being pursued by the PRC. The President should, as appropriate, declassify intelligence relevant to the PRC’s obligations under the Biological Weapons Convention and concerns about its compliance the such Convention. If the questions and concerns raised pursuant to subsection (b) are not adequately addressed and the Secretary determines that another state party is in breach of an obligation under the Biological Weapons Convention, the President should consider lodging a complaint to the Security Council pursuant to Article VI of the Convention.

608. Annual report by the United States Agency for International Development Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Administrator of the United States International Development shall submit a report to the appropriate congressional committees describing all funding, including subgrants, for research involving or related to the study of pathogens, viruses, and toxins provided to entities subject to the jurisdiction of countries listed in subsection (b), which shall include a national security justification by the Secretary for such funding. The countries list in this subsection are— the People’s Republic of China; the Russian Federation; the Islamic Republic of Iran; the Democratic People’s Republic of Korea; and any other country specified in the report assessing compliance with the Biological Weapons Convention, as required under section 403(a) of the Arms Control and Disarmament Act (22 U.S.C. 2593a(a)) during the relevant calendar year. The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

609. United Nations agencies, programs, and funds The Permanent Representative of the United States to the United Nations shall use the voice, vote, and influence of the United States at the United Nations to block representatives from any country specified in the report required under section 403(a) of the Arms Control and Disarmament Act (22 U.S.C. 2593a(a)) from serving in leadership positions within any United Nations organ, fund, program, or related specialized agency with responsibility for global health security (including animal health), biosecurity, atomic, biological or chemical weapons, or food security and agricultural development. The countries to be covered by the report required under subsection (a), are— the People’s Republic of China; the Russian Federation; the Islamic Republic of Iran; the Democratic People’s Republic of Korea; the Assad Regime of Syria; and any other country specified in the report required under section 403(a) of the Arms Control and Disarmament Act (22 U.S.C. 2593a(a)) during the relevant calendar year. This section shall cease to have any force or effect beginning on the date that is 5 years after the date of the enactment of this Act.

610. Rule of construction Nothing in this Act may be construed as authorizing or endorsing United States Government funding for dual-use research of concern and other international life sciences research of concern with international partners that present risks to the national security and public health of the United States.