[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5245 Referred in Senate (RFS)]

<DOC>
118th CONGRESS
  2d Session
                                H. R. 5245


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 10, 2024

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 AN ACT


 
To amend the State Department Basic Authorities Act of 1956 to require 
certain congressional notification prior to entering into, renewing, or 
extending a science and technology agreement with the People's Republic 
                   of China, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Science and Technology Agreement 
Enhanced Congressional Notification Act of 2024''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) The signing and implementation of the agreement between 
        the United States and the People's Republic of China, known as 
        the ``Agreement between the Government of the United States of 
        America and the Government of the People's Republic of China on 
        Cooperation in Science and Technology'', signed in Washington 
        on January 31, 1979 (``CST Agreement''), and its many 
        subsequent implementing arrangements, has led to the 
        development of many science and technology programs.
            (2) Section 1207 of the Bob Stump National Defense 
        Authorization Act for Fiscal Year 2003 (22 U.S.C. 6901 note) 
        required the Secretary of State to publish biennial reports 
        detailing how the CST Agreement has benefitted the economy, 
        military, and industrial base of the People's Republic of 
        China, a requirement that was repealed by Congress in 2016.
            (3) The CST Agreement was last extended in 2018 by the 
        Trump Administration after amending it to address United States 
        concerns about the science and technology practices of the 
        People's Republic of China.
            (4) The People's Republic of China has restricted United 
        States researcher access in China despite its commitments in 
        the CST Agreement otherwise. This includes reportedly 
        withholding avian influenza strains vital for United States 
        vaccine development and cutting off United States access to 
        coronavirus research in 2019, including United States-funded 
        work at the Wuhan Institute of Virology.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) science and technology cooperation with the People's 
        Republic of China can be a useful tool of United States foreign 
        policy and should be pursued when it reinforces and advances 
        the values and interests of the United States;
            (2) no research undertaken as part of a science and 
        technology agreement should enable the People's Republic of 
        China's development of dual-use and critical technologies that 
        threaten United States national security;
            (3) a science and technology agreement with the People's 
        Republic of China should include human rights protections and 
        projects undertaken as part of it should not directly or 
        indirectly enable human rights abuses, including the 
        persecution of Uyghurs in Xinjiang;
            (4) a science and technology agreement with the People's 
        Republic of China should include provisions to safeguard the 
        safety of United States researchers and their intellectual 
        property, as well as enhance their research access in China; 
        and
            (5) any renewal, extension, or changes to the CST Agreement 
        should be made to ensure that United States and Chinese joint 
        research is safer and remains beneficial for United States 
        interests.

SEC. 3. ENHANCED CONGRESSIONAL NOTIFICATION REGARDING SCIENCE AND 
              TECHNOLOGY AGREEMENTS WITH THE PEOPLE'S REPUBLIC OF 
              CHINA.

    (a) Notification Required.--Not later than 15 days before the date 
on which a renewal or extension of the CST Agreement, or the entry into 
or a renewal or extension of any other science and technology agreement 
with the Government of the People's Republic of China or an entity of 
the People's Republic of China, enters into effect, the Secretary of 
State shall submit to the appropriate congressional committees a 
notification containing each of the matters described in subsection 
(b).
    (b) Matters Described.--The matters described in this subsection 
are, with respect to the science and technology agreement for which a 
notification is submitted under subsection (a), the following:
            (1) The full text of such agreement and any annexes or side 
        letters.
            (2) A detailed justification for such agreement, including 
        an explanation of the reasons for which entering into, 
        renewing, or extending such agreement, as applicable, is in the 
        national interest of the United States.
            (3) An assessment of any risks posed by such agreement, and 
        the checks it includes to prevent the transfer of technology or 
        intellectual property capable of--
                    (A) harming the national security interests of the 
                United States; or
                    (B) enabling of the People's Republic of China's 
                military-civil fusion strategy.
            (4) An explanation for how the Secretary of State intends 
        to build in human rights protections for any scientific and 
        technology collaboration conducted under such agreement.
            (5) An assessment of the ways in which the Secretary will 
        be able to prescribe terms for, and continuously monitor, the 
        commitments and contracts made by the Government of the 
        People's Republic of China or entity of the People's Republic 
        of China under such agreement.
            (6) A summary of changes or updates to the agreement that 
        were secured to strengthen the United States ability to engage 
        in science cooperation with the People's Republic of China in a 
        way that is safer, more beneficial for the United States, or 
        allows for stronger United States oversight over joint 
        research.
            (7) Such other information relating to such agreement as 
        the Secretary of State may determine appropriate.
    (c) Applicability.--
            (1) In general.--The notification requirements under 
        subsection (a) shall apply with respect to any science and 
        technology agreements entered into, renewed, or extended on or 
        after the date of the enactment of this Act.
            (2) Existing agreements.--For any science and technology 
        agreement between the United States Government and the People's 
        Republic of China that is in effect as of the date of the 
        enactment of this Act, the Secretary of State shall submit to 
        the appropriate congressional committees a report that includes 
        each of the matters described in subsection (b) with respect to 
        such existing agreement, not later than 90 days after the date 
        of the enactment of this Act.

SEC. 4. ANNUAL REPORT TO CONGRESS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter for 5 years, the 
Secretary of State, in consultation with the heads of other appropriate 
Federal departments and agencies, shall submit to Congress a report 
on--
            (1) the implementation of each science and technology 
        agreement with the People's Republic of China, including 
        implementing arrangements, entered into pursuant to the 
        notification requirements under section 3; and
            (2) all activities conducted under each such agreement.
    (b) Contents.--Each report required by subsection (a) shall also 
include each of the following:
            (1) An accounting of all joint projects and initiatives 
        conducted under the CST Agreement and its implementing 
        arrangements since the previous report (or, in the case of the 
        first report, since the CST Agreement was entered into), 
        including the name of each project, agreement, or implementing 
        arrangement.
            (2) An evaluation of the benefits of the CST Agreement to 
        the United States economy, scientific leadership, innovation 
        capacity, and industrial base of the United States.
            (3) An estimate of the costs to the United States to 
        administer the CST Agreement during the period covered by the 
        report.
            (4) An evaluation of the benefits of the CST Agreement to 
        the economy, to the military, and to the industrial base of the 
        People's Republic of China.
            (5) An assessment of how the CST Agreement has influenced 
        the foreign and domestic policies and scientific capabilities 
        of the People's Republic of China.
            (6) Any plans of the Secretary of State for improving the 
        monitoring of the activities and the People's Republic of 
        China's commitments established under the CST Agreement.
            (7) An assessment of any potential risks posed by ongoing 
        science cooperation with the People's Republic of China.
    (c) Form.--Each report required by subsection (a) shall be 
submitted in unclassified form and may include a classified annex.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Affairs of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            (2) Cst agreement.--The term ``CST Agreement'' means the 
        agreement between the United States and the People's Republic 
        of China known as the ``Agreement between the Government of the 
        United States of America and the Government of the People's 
        Republic of China on Cooperation in Science and Technology'', 
        signed in Washington on January 31, 1979, and its protocols, as 
        well as any sub-agreements entered into pursuant to such 
        Agreement on or before the date of the enactment of this Act.
            (3) Implementing arrangement.--The term ``implementing 
        arrangement'', with respect to the CST Agreement or any other 
        science and technology agreement, includes any sub-agreement or 
        sub-arrangement entered into under the CST Agreement or other 
        science and technology agreement between--
                    (A) any Federal governmental entity of the United 
                States; and
                    (B) any governmental entity of the People's 
                Republic of China, including state-owned research 
                institutions.
            (4) Science and technology agreement.--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 
        the sharing of scientific or


              

         technical knowledge or resources between such countries.

            Passed the House of Representatives September 9, 2024.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.