[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7476 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 7476

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 29, 2024

 Mr. Hern (for himself, Mr. Wilson of South Carolina, Mr. Duncan, Mr. 
 Gooden of Texas, Mr. Curtis, Mrs. McClain, Mr. Higgins of Louisiana, 
   Mrs. Harshbarger, Mr. Burchett, Mrs. Cammack, Ms. Van Duyne, Mr. 
 LaMalfa, Mr. Tiffany, Mr. Pfluger, Mr. Reschenthaler, Mr. Rouzer, Mr. 
 Dunn of Florida, Mr. Fleischmann, Mr. Mooney, Mr. Edwards, Ms. Greene 
 of Georgia, Mr. Collins, Mr. Burlison, Mr. Ellzey, Mr. Mike Garcia of 
    California, Mr. Langworthy, Mr. Babin, Mr. Bean of Florida, Mr. 
Lamborn, Mr. Webster of Florida, Mr. Baird, Mr. Kelly of Pennsylvania, 
  Mr. Scott Franklin of Florida, Mr. Fulcher, Mr. Ezell, Mr. Fry, Mr. 
   Arrington, Mr. Hill, Mr. Bergman, Mr. Van Drew, and Mr. Moore of 
   Alabama) introduced the following bill; which was referred to the 
  Committee on Foreign Affairs, and in addition to the Committees on 
Financial Services, Ways and Means, Rules, the Judiciary, Oversight and 
 Accountability, Energy and Commerce, Intelligence (Permanent Select), 
    Agriculture, Science, Space, and Technology, Natural Resources, 
    Education and the Workforce, Armed Services, Transportation and 
Infrastructure, and Veterans' Affairs, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Countering 
Communist China Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

 TITLE I--MATTERS RELATED TO TRADE, INVESTMENT, AND ECONOMIC RELATIONS

   TITLE II--MATTERS RELATING TO COUNTERING CHINA'S MALIGN INFLUENCE

  TITLE III--MATTERS RELATING TO MEDICAL AND NATIONAL SECURITY SUPPLY 
                                 CHAINS

         TITLE IV--MATTERS RELATING TO RESEARCH AND DEVELOPMENT

                 TITLE V--MATTERS RELATED TO EDUCATION

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

                 TITLE VII--MATTERS RELATED TO DEFENSE

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

            TITLE IX--MATTERS RELATED TO FINANCIAL SERVICES

                            TITLE X--OFFSETS

                  XI--NATIONAL SECURITY AUTHORIZATIONS

                             XII--FENTANYL

                              XIII--ENERGY

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The People's Republic of China and the Chinese 
        Communist Party represent the foremost national security threat 
        faced by the United States.
            (2) The People's Republic of China and the Chinese 
        Communist Party are founded on the principles antithetical to 
        human freedom and dignity including Communism and 
        authoritarianism.
            (3) The People's Republic of China and the Chinese 
        Communist Party seek to undermine free societies around the 
        world and establish an alternative world order rooted in 
        authoritarianism.
            (4) In November 2012, at the 17th CCP Congress, General 
        Secretary Xi Jinping first announced his vision for achieving 
        ``the Chinese dream of national rejuvenation'' and military and 
        economic dominance.
            (5) The People's Republic of China currently has the 
        world's second-largest economy in terms of nominal GDP ($14.14 
        trillion) and the largest in terms of purchasing power parity 
        (PPP) GDP ($27.31 trillion). In 2000, the People's Republic of 
        China controlled only 4 percent of the global economy, and the 
        United States controlled 31 percent. Today, the People's 
        Republic of China stands at 15 percent and the United States 
        share has dropped to 24 percent.
            (6) The growth of the People's Republic of China's 
        centrally controlled economy has been fueled largely by tools 
        of economic coercion, including intellectual property theft and 
        economic espionage of U.S. companies. In 2019 alone, one in 
        five North American-based companies said that Chinese firms had 
        stolen their intellectual property (IP) within the last year.
            (7) Former Secretary of Defense Mark Esper has stated that 
        the People's Republic of China ``is perpetrating the greatest 
        intellectual property theft in human history''.
            (8) In addition to its economic aggression and military 
        modernization, the People's Republic of China conducts 
        political warfare and disinformation campaigns against the 
        United States and other democracies. It frequently targets 
        academia, the media, business, and cultural institutions to 
        suppress criticism and promote positive views of the CCP.
            (9) The foremost victims of the People's Republic of China 
        and the Chinese Communist Party are the Chinese people who 
        continue to suffer under communist authoritarian rule.
            (10) The People's Republic of China continues to perpetuate 
        a genocide against the Uyghur Muslims in Xinjiang province, in 
        addition to brutal crackdowns against the people of Tibet and 
        Hong Kong.
            (11) The CCP continues to obfuscate the origins of the 
        COVID-19 pandemic which started in Wuhan, China and has refused 
        to allow an impartial international investigation into the 
        origins of the pandemic.
            (12) Manifestations of expressions of racism, bigotry, 
        discrimination, anti-Asian rhetoric, and xenophobia against 
        people of Asian descent are contrary to the values we hold 
        dearest as Americans, counterproductive to countering the CCP's 
        malign influence, and denounced by the Congress of the United 
        States.

SEC. 3. SEVERABILITY.

    If any provision of this Act, or an amendment made by this Act, or 
the application of such provision or amendment to any person or 
circumstance, is held to be invalid, the remainder of this Act, the 
amendments made by this Act, and the application of such provision and 
amendments to other persons or circumstances, shall not be affected.

 TITLE I--MATTERS RELATED TO TRADE, INVESTMENT, AND ECONOMIC RELATIONS

SEC. 101. PREVENTING ADVERSARIES FROM DEVELOPING CRITICAL CAPABILITIES.

    (a) Short Title.--This section may be cited as the ``Preventing 
Adversaries from Developing Critical Capabilities Act''.
    (b) Exercise of Authorities Under the International Emergency 
Economic Powers Act.--
            (1) In general.--The President may exercise all authorities 
        provided under the International Emergency Economic Powers Act 
        (50 U.S.C. 1701 et seq.) necessary to carry out the provisions 
        of this section, including authorities to impose penalties 
        under section 206 of such Act.
            (2) Delegation.--The President may delegate the authorities 
        described in paragraph (1) to the head of any Federal agency 
        the President determines appropriate in order to carry out the 
        provisions of this section.
    (c) Prohibition on Covered Activities in Covered Sectors That Pose 
Particularly Acute Threats to United States National Security.--
            (1) Identification of categories of technologies and 
        products.--
                    (A) In general.--Not later than one year after the 
                date of the enactment of this Act, and annually 
                thereafter as described in subparagraph (B), the 
                President--
                            (i) shall identify categories of 
                        technologies and products in covered sectors 
                        that may pose a particularly acute threat to 
                        the national security of the United States if 
                        developed or acquired by a country of concern; 
                        and
                            (ii) publish a list of the categories of 
                        technologies and products identified under 
                        subparagraph (A) in the Federal Register.
                    (B) Updates.--The President shall annually review 
                and update the list of the categories of technologies 
                and products identified under subparagraph (A)(i) and 
                update the Federal Register under subparagraph (A)(ii) 
                as appropriate.
            (2) Prohibition on covered activities.--The President 
        shall, on or after the date on which the initial list of 
        categories of technologies and products is published in the 
        Federal Register pursuant to paragraph (1)(A)(ii), prescribe, 
        subject to public notice and comment, regulations to prohibit a 
        United States person from engaging, directly or indirectly, in 
        a covered activity involving a category of technologies and 
        products on such list of categories of technologies and 
        products in a covered sector. Such regulations should--
                    (A) require that a United States person take all 
                reasonable steps to prohibit and prevent any 
                transaction by a foreign entity under the control of 
                the United States person that would be a prohibited 
                transaction if engaged in by a United States person; 
                and
                    (B) exclude any transaction consisting of the 
                acquisition of an equity or other interest in an entity 
                located outside a country of concern, where the 
                President has determined that the government of the 
                country in which that entity is established or has its 
                principal place of business has in place a program for 
                the restriction of certain activities involving 
                countries of concern that is comparable to the 
                provisions provided for in this Act.
            (3) Sense of congress.--It is the sense of Congress that 
        the covered sectors include certain categories of technologies 
        and products that would pose a particularly acute threat to the 
        national security of the United States if developed or acquired 
        by a country of concern, and that the President should identify 
        certain technologies and products in the covered sectors as 
        categories of technologies and products in covered sectors for 
        purposes of paragraph (1)(A).
    (d) Mandatory Notification of Covered Activities in Covered Sectors 
That May Pose Threats to United States National Security.--
            (1) Identification of categories of technologies and 
        products.--Not later than one year after the date of the 
        enactment of this Act, the President shall--
                    (A) identify categories of technologies and 
                products in covered sectors that may pose a threat to 
                the national security of the United States if developed 
                or acquired by a country of concern;
                    (B) publish a list of the categories of 
                technologies and products identified under subparagraph 
                (A) in the Federal Register; and
                    (C) annually thereafter, review the categories of 
                technologies and products identified under subparagraph 
                (A) and publish an updated list of the categories of 
                technologies and products in the Federal Register under 
                subparagraph (B) if the list identified in subparagraph 
                (B) has changed.
            (2) Mandatory notification.--
                    (A) In general.--Beginning on the date that is 90 
                days after the date on which the initial list of 
                categories of technologies and products is published in 
                the Federal Register pursuant to paragraph (1)(B), a 
                United States person engaging in a covered activity 
                involving a category identified in paragraph (1)(A), or 
                controlling a foreign entity engaging in an activity 
                that would be a covered activity if engaged in by a 
                United States person, shall submit to the President a 
                complete written notification of the activity not later 
                than 14 days after the completion date of the activity.
                    (B) Circulation of notification.--
                            (i) In general.--The President shall, upon 
                        receipt of a notification under subparagraph 
                        (A), promptly inspect the notification for 
                        completeness.
                            (ii) Incomplete notification.--If a 
                        notification submitted under subparagraph (A) 
                        is incomplete, the President shall promptly 
                        inform the United States person that submits 
                        the notification that the notification is not 
                        complete and provide an explanation for 
                        relevant material respect in which the 
                        notification is not complete.
                    (C) Identification of non-notified activity.--The 
                President shall establish a process to identify a 
                covered activity involving a category identified under 
                paragraph (1)(A) for which--
                            (i) a notification is not submitted to the 
                        President under subparagraph (A); and
                            (ii) information is reasonably available.
            (3) Confidentiality of information.--
                    (A) In general.--Except as provided in subparagraph 
                (B), any information or documentary material filed with 
                the President pursuant to this section shall be exempt 
                from disclosure under section 552(b)(3) of title 5, 
                United States Code, and no such information or 
                documentary material may be made public by any 
                government agency or Member of Congress.
                    (B) Exceptions.--Subject to appropriate 
                confidentiality and classification requirements, the 
                exemption from disclosure provided by subparagraph (A) 
                shall not prevent the disclosure of the following:
                            (i) Information relevant to any 
                        administrative or judicial action or 
                        proceeding.
                            (ii) Information provided to Congress or 
                        any of the appropriate congressional 
                        committees.
                            (iii) Information important to national 
                        security analysis or actions of the President 
                        to any domestic government entity, or to any 
                        foreign governmental entity of an ally or 
                        partner of the United States, under the 
                        direction and authorization of the President, 
                        only to the extent necessary for national 
                        security purposes.
                            (iv) Information that the parties have 
                        consented to be disclosed to third parties.
    (e) Reporting Requirements.--
            (1) In general.--Not later than one year after the date on 
        which the regulations prescribed under subsection (f) take 
        effect, and not less frequently than annually thereafter, the 
        President shall submit to the appropriate congressional 
        committees a report that--
                    (A) lists all notifications submitted under 
                subsection (d)(2) during the year preceding submission 
                of the report, disaggregated by--
                            (i) sector;
                            (ii) covered activity;
                            (iii) covered foreign entity; and
                            (iv) country of concern;
                    (B) an assessment of whether to amend the 
                regulations, including whether to amend the definition 
                of ``covered sectors'' to enhance national security;
                    (C) provides additional context and information 
                regarding trends in the sectors, the types of covered 
                activity, and the countries involved in those 
                notifications, including--
                            (i) the location of the relevant covered 
                        foreign entities; and
                            (ii) the country in which the United States 
                        person or foreign entity controlled by such 
                        United States person involved in the relevant 
                        covered activity is located; and
                    (D) assesses the overall impact of those 
                notifications, including recommendations for--
                            (i) expanding existing Federal programs to 
                        support the production or supply of covered 
                        sectors in the United States, including the 
                        potential of existing authorities to address 
                        any related national security concerns; and
                            (ii) the continuation, expansion, or 
                        modification of the implementation and 
                        administration of this section.
            (2) Form.--Each report required by this section shall be 
        submitted in unclassified form, but may include a classified 
        annex.
            (3) Prohibition on disclosure.--Information contained in 
        each report required by this section may be withheld from 
        disclosure only to the extent otherwise permitted by statute, 
        except that all information included pursuant to paragraph 
        (1)(A) shall be withheld from public disclosure.
    (f) Requirement for Regulations.--
            (1) In general.--Not later than 180 days after the date on 
        which the initial list of categories of technologies and 
        products have been published in the Federal Register pursuant 
        to sections (c)(1)(A)(i) and (d)(1)(B), the President shall 
        prescribe and finalize proposed regulations to carry out this 
        Act.
            (2) Elements.--Regulations prescribed to carry out this 
        section shall specify--
                    (A) the types of activities that will be considered 
                to be covered activities;
                    (B) the technologies and products in covered 
                sectors with respect to which covered activities are 
                prohibited under subsection (c)(2) or require a 
                notification under subsection (d)(2); and
                    (C) a process by which parties can ask questions 
                and get timely guidance as to whether a covered 
                activity is prohibited under subsection (c)(2) or 
                requires a notification under subsection (d)(2).
            (3) Requirements for certain regulations.--The President 
        shall prescribe regulations further defining the terms used in 
        this Act, including the terms ``covered activity'', ``covered 
        foreign entity'', and ``party'', to maximize the effectiveness 
        of carrying out this Act in accordance with subchapter II of 
        chapter 5 and chapter 7 of title 5 (commonly known as the 
        ``Administrative Procedure Act'').
            (4) Public notice and comment.--Regulations issued pursuant 
        to paragraph (1) shall be subject to public notice and comment.
            (5) Low-burden regulations.--In prescribing regulations 
        under this section, the President shall, to the extent 
        practicable, structure the regulations--
                    (A) to minimize the cost and complexity of 
                compliance for affected parties;
                    (B) to ensure the benefits of the regulations 
                outweigh their costs;
                    (C) to adopt the least burdensome alternative that 
                achieves regulatory objectives;
                    (D) to prioritize transparency and stakeholder 
                involvement in the process of prescribing the 
                regulations; and
                    (E) to regularly review and streamline existing 
                regulations promulgated pursuant to this Act to reduce 
                redundancy and complexity.
            (6) Penalties with respect to unlawful acts.--Regulations 
        issued under this section shall, consistent with the authority 
        provided by subsection (b)(1), provide for the imposition of 
        civil penalties for violations of this section, that involve--
                    (A) engaging in a covered activity prohibited under 
                subsection (c)(2) pursuant to the regulations issued 
                under this section;
                    (B) failing to submit a timely notification under 
                subsection (d)(2) with respect to a covered activity or 
                to submit other information as required by the 
                designated agency; or
                    (C) submitting a material misstatement or omitting 
                a material fact in any information submitted in a 
                notification under subsection (d)(2).
            (7) Enforcement.--Consistent with the authority provided by 
        subsection (b)(1), the President may direct the Attorney 
        General to seek appropriate relief in the district courts of 
        the United States, in order to implement and enforce this Act.
            (8) Congressional notification.--The President shall submit 
        to the appropriate congressional committees all regulations 
        prescribed to carry out this Act not later than 30 days before 
        such regulations are to take effect.
    (g) Multilateral Engagement and Coordination.--
            (1) In general.--The President shall delegate the 
        authorities and functions under this section to the Secretary 
        of State.
            (2) Authorities.--The Secretary of State, in coordination 
        with the heads or other relevant Federal agencies, should--
                    (A) conduct bilateral and multilateral engagement 
                with the governments of countries that are allies and 
                partners of the United States to promote and increase 
                coordination of protocols and procedures to facilitate 
                the effective implementation of and appropriate 
                compliance with the prohibitions and notifications 
                pursuant to this Act;
                    (B) upon adoption of protocols and procedures 
                described in subparagraph (A), work with those 
                governments to establish mechanisms for sharing 
                information, including trends, with respect to such 
                activities; and
                    (C) work with and encourage the governments of 
                countries that are allies and partners of the United 
                States to develop similar mechanisms of their own.
            (3) Strategy for multilateral engagement and 
        coordination.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of State, in coordination 
        with the heads of other relevant Federal agencies, should--
                    (A) develop a strategy to work with the governments 
                of countries that are allies and partners of the United 
                States to develop mechanisms that are comparable to the 
                prohibitions and notifications pursuant to this Act; 
                and
                    (B) assess opportunities to provide technical 
                assistance to those countries with respect to the 
                development of those mechanisms.
            (4) Report.--Not later than one year after the date of the 
        enactment of this Act, and annually thereafter for 4 years, the 
        Secretary of State shall submit to the appropriate 
        congressional committees a report that includes--
                    (A) a discussion of any strategy developed pursuant 
                to paragraph (3)(A), including key tools and objectives 
                for the development of comparable mechanisms by the 
                governments of allies and partners of the United 
                States;
                    (B) a list of partner and allied countries to 
                target for cooperation in developing their own 
                screening programs;
                    (C) the status of the strategy's implementation and 
                outcomes; and
                    (D) a description of impediments to the 
                establishment of comparable mechanisms by governments 
                of allies and partners of the United States.
    (h) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated 
        $25,000,000, to be derived from amounts otherwise authorized to 
        be appropriated to the President, for each of the first two 
        fiscal years beginning on or after the date of the enactment of 
        this Act, to carry out this Act, including to provide outreach 
        to industry and persons affected by this Act.
            (2) Hiring authority.--
                    (A) President.--The President may appoint, without 
                regard to the provisions of sections 3309 through 3318 
                of title 5, United States Code, not more than 15 
                candidates directly to positions in the competitive 
                service (as defined in section 2102 of that title).
                    (B) Agency.--The head of the Federal department or 
                agency designated under subsection (c)(2) to hold 
                primary responsibility for administering this Act may 
                appoint, without regard to the provisions of sections 
                3309 through 3318 of title 5, United States Code, not 
                fewer than 25 candidates directly to positions in the 
                competitive service (as defined in section 2102 of that 
                title) of such department or agency.
                    (C) Primary responsibility.--The primary 
                responsibility of individuals in positions authorized 
                to be hired under this subsection shall be to 
                administer this Act.
    (i) Rule of Construction.--Nothing in this Act may be construed 
to--
            (1) restrain or deter United States activities abroad if 
        such activities do not pose a risk to the national security of 
        the United States; or
            (2) alter or negate the authority of the President under 
        any authority, process, regulation, investigation, enforcement 
        measure, or review provided by or established under any other 
        provision of Federal law, or any other authority of the 
        President or the Congress under the Constitution of the United 
        States.
    (j) National Interest Waiver.--
            (1) In general.--Subject to paragraph (2), the President is 
        authorized to exempt from any applicable prohibition or 
        notification requirement any activity determined by the 
        President, in consultation with the heads of relevant Federal 
        agencies, as appropriate, to be in the national interest of the 
        United States.
            (2) Congressional notification.--The President shall--
                    (A) notify the appropriate congressional committees 
                not later than 48 hours after issuing a waiver under 
                paragraph (1); and
                    (B) include in such notification an identification 
                of the national interest justifying the use of the 
                waiver.
    (k) Definitions.--In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on Financial Services, the Committee on Ways and Means, 
                the Committee on Appropriations, and the Permanent 
                Select Committee on Intelligence of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on Banking, Housing, and Urban Affairs, the 
                Committee on Finance, the Committee on Appropriations, 
                and the Select Committee on Intelligence of the Senate.
            (2) Country of concern.--The term ``country of concern''--
                    (A) means--
                            (i) the Democratic People's Republic of 
                        North Korea;
                            (ii) the People's Republic of China, 
                        including the Hong Kong Special Administrative 
                        Region and the Macau Special Administrative 
                        Region;
                            (iii) the Russian Federation; and
                            (iv) the Islamic Republic of Iran; and
                    (B) includes any other country the President 
                determines necessary to ensure a country specified in 
                clause (i), (ii), (iii), or (iv) of subparagraph (A) is 
                unable to circumvent the provisions of this Act and the 
                regulations issued pursuant to this Act.
            (3) Covered activity.--
                    (A) In general.--Subject to such regulations as may 
                be prescribed in accordance with subsection (g), and 
                except as provided in subparagraph (B), the term 
                ``covered activity'' means any activity engaged in by a 
                United States person that involves--
                            (i) an acquisition by such United States 
                        person of an equity interest or contingent 
                        equity interest, or monetary capital 
                        contribution, in a covered foreign entity, 
                        directly or indirectly, by contractual 
                        commitment or otherwise, with the goal of 
                        generating income or gain;
                            (ii) an arrangement for an interest held by 
                        such United States person in the short- or 
                        long-term debt obligations of a covered foreign 
                        entity that includes governance rights that are 
                        characteristic of an equity investment, 
                        management, or other important rights;
                            (iii) the establishment of a wholly owned 
                        subsidiary in a country of concern, such as a 
                        greenfield investment, for the purpose of 
                        production, design, testing, manufacturing, 
                        fabrication, or development related to one or 
                        more covered sectors;
                            (iv) the establishment by such United 
                        States person of a joint venture in a country 
                        of concern or with a covered foreign entity for 
                        the purpose of production, design, testing, 
                        manufacturing, fabrication, or research, or 
                        other contractual or other commitments 
                        involving a covered foreign entity to jointly 
                        research and develop new innovation, including 
                        through the transfer of capital or intellectual 
                        property or other business proprietary 
                        information; or
                            (v) the acquisition by a United States 
                        person with a covered foreign entity of--
                                    (I) operational cooperation, such 
                                as through supply or support 
                                arrangements;
                                    (II) the right to board 
                                representation (as an observer, even if 
                                limited, or as a member) or an 
                                executive role (as may be defined 
                                through regulation) in a covered 
                                foreign entity;
                                    (III) the ability to direct or 
                                influence such operational decisions as 
                                may be defined through such 
                                regulations;
                                    (IV) formal governance 
                                representation in any operating 
                                affiliate, such as a portfolio company, 
                                of a covered foreign entity; or
                                    (V) a new relationship to share or 
                                provide business services, such as 
                                financial services, marketing services, 
                                maintenance, or assembly functions; or
                            (vi) knowingly directing transactions by 
                        foreign persons that would constitute covered 
                        activity if engaged in by a United States 
                        person.
                    (B) Exceptions.--The term ``covered activity'' does 
                not include--
                            (i) any transaction the value of which the 
                        President determines is de minimis, as defined 
                        in regulations prescribed in accordance with 
                        subsection (f);
                            (ii) any category of transactions that the 
                        President determines is in the national 
                        interest of the United States, as may be 
                        defined in regulations prescribed in accordance 
                        with subsection (f);
                            (iii) an investment in--
                                    (I) a publicly traded security (as 
                                such term is defined in section 
                                3(a)(10) of the Securities Exchange Act 
                                of 1934);
                                    (II) an index fund, mutual fund, 
                                exchange-traded fund, or a similar 
                                instrument (including associated 
                                derivatives) offered by an investment 
                                company (as such term is defined in 
                                section 3(a)(1) of the Investment 
                                Company Act of 1940), or by a private 
                                investment fund; or
                                    (III) a venture capital fund, 
                                private equity fund, fund of funds, or 
                                other pooled investment funds, as the 
                                limited partner, in each case in which 
                                the limited partner's contribution is 
                                solely capital in a limited partnership 
                                structure and--
                                            (aa) the limited partner 
                                        cannot make managerial 
                                        decisions, is not responsible 
                                        for any debts beyond its 
                                        investment, and does not have 
                                        the ability (formally or 
                                        informally) to influence or 
                                        participate in the fund's or a 
                                        covered foreign entity's 
                                        decision making or operations; 
                                        and
                                            (bb) the investment is 
                                        below a de minimis threshold to 
                                        be determined by the President;
                            (iv) the acquisition of the equity or other 
                        interest owned or held by a covered foreign 
                        entity in an entity or assets located outside 
                        of a country of concern in which the United 
                        States person is acquiring all interests in the 
                        entity or assets held by covered foreign 
                        entity;
                            (v) an intracompany transfer of funds from 
                        a United States parent company to a subsidiary 
                        located in a country of concern;
                            (vi) a transaction made pursuant to a 
                        binding, uncalled capital commitment entered 
                        into before the date on which the regulations 
                        prescribed in accordance with section 6 take 
                        effect; or
                            (vii) any ordinary or administrative 
                        business transaction as may be defined in such 
                        regulations.
            (4) Covered foreign entity.--Subject to regulations 
        prescribed in accordance with subsection (f), the term 
        ``covered foreign entity'' means the following:
                    (A) Any entity that is incorporated in, has a 
                principal place of business in, or is organized under 
                the laws of a country of concern.
                    (B) Any entity the equity securities of which are 
                traded in the ordinary course of business on one or 
                more exchanges in a country of concern.
                    (C) Any agency or instrumentality of the government 
                of a country of concern.
                    (D) Any other entity that is not a United States 
                person and that meets such criteria as may be specified 
                by the President in such regulations prescribed in 
                accordance with subsection (f).
            (5) Covered sectors.--Subject to regulations prescribed in 
        accordance with subsection (f), the term ``covered sectors'' 
        includes sectors within the following areas:
                    (A) Semiconductors and microelectronics.
                    (B) Artificial intelligence.
                    (C) Quantum information science and technology.
                    (D) Hypersonics.
                    (E) High-performance computing and supercomputing.
                    (F) Biotechnology.
                    (G) Satellite communication.
            (6) Party.--The term ``party'', with respect to an 
        activity, has the meaning given that term in regulations 
        prescribed in accordance with subsection (g).
            (7) United states person.--The term ``United States 
        person'' means--
                    (A) an individual who is a United States citizen or 
                an alien lawfully admitted for permanent residence to 
                the United States; or
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, including any foreign branch of such an entity.

SEC. 102. SANCTIONS WITH RESPECT TO COMMUNIST CHINESE MILITARY AND 
              SURVEILLANCE COMPANIES.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President shall impose the sanctions 
described in subsection (e) with respect to any foreign person 
determined by the Secretary of the Treasury, in consultation with the 
Secretary of State and, as the Secretary of the Treasury determines 
appropriate, the Secretary of Defense, to knowingly engage in 
significant operations in the defense and related materiel sector or 
the surveillance technology sector of the economy of the People's 
Republic of China.
    (b) Annual Determination and Report.--Not less frequently than 
annually, the Secretary of the Treasury shall--
            (1) undertake the determination described under subsection 
        (a) with respect to foreign persons listed in the Annex to 
        Executive Order 14032 (as amended by any revision to such 
        Annex); and
            (2) submit a report explaining the results of the 
        determination to the appropriate congressional committees.
    (c) Assessment.--For the purpose of making the determination 
described under subsection (a), the Secretary of the Treasury, in 
consultation with the Secretary of State, the Secretary of Commerce, 
and the Secretary of Defense, shall--
            (1) assess whether, under existing authorities, sanctions 
        should be imposed with respect to the activities of--
                    (A) foreign persons listed on the Military End User 
                List (Supplement No. 7 to part 744 of the Export 
                Administration Regulations) that are located in the 
                People's Republic of China;
                    (B) foreign persons listed by the Department of 
                Commerce on the Denied Persons List or the Entity List 
                (Supplement No. 4 to part 744 of the Export 
                Administration Regulations) that are located in the 
                People's Republic of China; or
                    (C) foreign persons listed pursuant to section 
                1260H of the William M. (Mac) Thornberry National 
                Defense Authorization Act for Fiscal Year 2021 (10 
                U.S.C. 113 note); and
            (2) submit a report to the appropriate congressional 
        committees summarizing such assessment, which shall include an 
        explanation of why the sanctions described under subsection (e) 
        may not be applicable to foreign persons included on the lists 
        described under paragraph (1).
    (d) Consideration of Certain Activities.--For the purpose of making 
the determination described under subsection (a), the Secretary of the 
Treasury may, to the extent practicable, focus particular attention on 
foreign persons engaging in any of the following:
            (1) Artificial intelligence, machine learning, autonomy, 
        and related advances.
            (2) High-performance computing, semiconductors, and 
        advanced computer hardware and software.
            (3) Quantum information science and technology.
            (4) Robotics, automation, and advanced manufacturing.
            (5) Advanced communications technology and immersive 
        technology.
            (6) Biotechnology, medical technology, genomics, and 
        synthetic biology.
            (7) Data storage, data management, and cybersecurity, 
        including biometrics.
            (8) Advanced materials science, including composites and 2D 
        materials.
    (e) Sanctions Described.--The President shall exercise all of the 
powers granted to the President under the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to 
block and prohibit all transactions in property and interests in 
property of a foreign person if such property and interests in 
property--
            (1) are in the United States;
            (2) come within the United States; or
            (3) come within the possession or control of a United 
        States person.
    (f) Implementation.--The President may exercise all authorities 
provided under sections 203 and 205 of the International Emergency 
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this 
section.
    (g) Penalties.--The penalties set forth in section 206 of the 
International Emergency Economic Powers Act (50 U.S.C. 1705) apply to 
violations of any license, order, or regulation issued under this 
section.
    (h) Waiver.--The President may waive the application of sanctions 
under this section, for renewable periods of one year, if the President 
certifies in writing to the appropriate congressional committees that 
the waiver is in the national interest of the United States, with an 
explanation of the reasons therefor. In lieu of the imposition of such 
sanctions, the President shall prohibit the purchase or sale of any 
publicly traded securities, or any publicly traded securities that are 
derivative of such securities, issued by any person with respect to 
which sanctions were waived.
    (i) Exceptions.--
            (1) Intelligence and law enforcement activities.--Sanctions 
        under this section shall not apply with respect to--
                    (A) any activity subject to the reporting 
                requirements under title V of the National Security Act 
                of 1947 (50 U.S.C. 3091 et seq.); or
                    (B) any authorized intelligence or law enforcement 
                activities of the United States.
            (2) United states government activities.--Nothing in this 
        section shall prohibit transactions for the conduct of the 
        official business of the Federal Government by employees, 
        grantees, or contractors thereof.
            (3) Humanitarian activities.--The President may not impose 
        sanctions under this section with respect to any person for 
        conducting or facilitating a transaction for the sale of 
        agricultural commodities, food, medicine, or medical devices or 
        for the provision of humanitarian assistance.
    (j) Exception Relating to Importation of Goods.--
            (1) In general.--The authorities and requirements to impose 
        sanctions authorized under this section shall not include the 
        authority or requirement to impose sanctions on the importation 
        of goods.
            (2) Good defined.--In this subsection, the term ``good'' 
        means any article, natural or manmade substance, material, 
        supply, or manufactured product, including inspection and test 
        equipment, and excluding technical data.
    (k) Definitions.--In this section--
            (1) the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Financial Services of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Banking, Housing, and Urban Affairs of the 
                Senate;
            (2) the term ``foreign person'' means an individual or 
        entity that is not a United States person;
            (3) the term ``United States person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States;
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, including a foreign branch of such an entity; 
                or
                    (C) a person in the United States; and
            (4) the term ``knowingly'' with respect to conduct, a 
        circumstance, or a result, means that a person has actual 
        knowledge, or should have known, of the conduct, the 
        circumstance, or the result.

SEC. 103. WITHDRAWAL OF NORMAL TRADE RELATIONS TREATMENT FROM THE 
              PEOPLE'S REPUBLIC OF CHINA AND REVERSION TO TARIFF ACT OF 
              1930 COLUMN 2 TARIFF RATES.

    (a) Within two years of the date of enactment of this section, the 
provisions of title I of Public Law 106-286 (114 Stat. 880) or any 
other provision of law, effective on the date of the enactment of this 
Act--
            (1) normal trade relations treatment shall not apply 
        pursuant to section 101 of that Act to the products of the 
        People's Republic of China; and
            (2) following the withdrawal of normal trade relations 
        treatment, tariff rates on products of the People's Republic of 
        China shall revert to those set forth under Column 2 of the 
        Tariff Act of 1930, without prejudice to any adjustments or 
        modifications that may be made under the law, unless Congress 
        passes China ``tariff legislation'' as outlined in Sec. 104.

SEC. 104. EXPEDITED PROCEDURES FOR TARIFFS WITH REGARDS TO THE PEOPLE'S 
              REPUBLIC OF CHINA.

    (a) China Tariff Legislation.--
            (1) Definitions.--In this subsection:
                    (A) China tariff legislation.--The term ``China 
                tariff legislation'' means only a bill of either House 
                of Congress--
                            (i) the title of which is as follows: ``A 
                        bill to set tariff schedules with regards to 
                        the People's Republic of China'';
                            (ii) the sole matter after the short title 
                        shall be the modifications of tariffs or duties 
                        or modification of any duty or staged rate 
                        reduction of any duty set forth in Schedule XX, 
                        as defined in section 2(5) of that Act (19 
                        U.S.C. 3501(5)), on the People's Republic of 
                        China; and
                            (iii) which may not reduce tariffs, duties, 
                        or non-tariff barriers on the People's Republic 
                        of China below levels at which such barriers 
                        were set as of January 1, 2024.
            (2) Introduction.--During the period of two years from the 
        date of enactment of this section, China tariff legislation may 
        be introduced--
                    (A) in the House of Representatives, by the 
                majority leader or the minority leader; or the Chairman 
                or Ranking Member of the Committee on Ways and Means; 
                and
                    (B) in the Senate, by the majority leader (or the 
                majority leader's designee) or the minority leader (or 
                the minority leader's designee), or the Chairman or 
                Ranking Member of the Committee on Finance.
                    (C) Proceeding to consideration.--Notwithstanding 
                Rule XXII of the Standing Rules of the Senate, it is in 
                order at any time after the Committee on Finance 
                reports China tariff legislation to the Senate to move 
                to proceed to the consideration of the China tariff 
                legislation, and all points of order against the China 
                tariff legislation (and against consideration of the 
                China tariff legislation) 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.
                    (D) Rulings of the chair on procedure.--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 China tariff 
                legislation shall be decided without debate.
                    (E) Consideration of veto messages.--Debate in the 
                Senate of any veto message with respect to China tariff 
                legislation, including all debatable motions and 
                appeals in connection with the 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.
            (3) Rules of house of representatives and senate.--This 
        subsection is enacted by Congress--
                    (A) 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, and supersedes other rules only to 
                the extent that it is inconsistent with such rules; and
                    (B) 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.

SEC. 105. PROTECTING AMERICANS' RETIREMENT SAVINGS.

    (a) Short Title.--This section may be cited as the ``Protecting 
Americans' Retirement Savings Act'' or ``PARSA''.
    (b) Prohibition on Investment in Certain Entities.--Section 404(a) 
of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 
1104(a)) is amended by adding at the end the following:
            ``(3) Prohibition on investment in certain entities.--
                    ``(A) In general.--For purposes of paragraph (1), a 
                fiduciary of a plan may not be considered to act solely 
                in the interest of the participants and beneficiaries 
                of the plan if such fiduciary does not ensure that such 
                plan does not engage in a transaction that the 
                fiduciary knows, or should know, will result in the 
                plan--
                            ``(i) acquiring an interest (as defined in 
                        section 103(h)) between the plan and a 
                        sanctioned entity or foreign adversary entity 
                        (as each such term is defined in section 
                        103(h));
                            ``(ii) lending money or extending credit to 
                        such an entity;
                            ``(iii) furnishing goods, services, or 
                        facilities to such an entity; or
                            ``(iv) transferring, directly or 
                        indirectly, to or for use by or for the benefit 
                        of such an entity--
                                    ``(I) any assets of the plan; or
                                    ``(II) any data with respect to any 
                                participant or beneficiary of the plan.
                For the purposes of subclause (II), the term 
                `fiduciary' includes any person who exercises direct or 
                indirect discretionary authority, responsibility, or 
                control with respect to any participant beneficiary 
                data.
                    ``(B) Continuation of current investments.--In the 
                case of a plan holding an investment in a sanctioned 
                entity or foreign adversary entity on the date of 
                enactment of the Protecting Americans' Retirement 
                Savings Act, such plan may continue to hold such 
                investment if the fiduciary of such plan complies with 
                the requirements of subparagraphs (I) and (J) of 
                section 103(b)(3).
                    ``(C) Contractually obligated investments.--In the 
                case of a plan that has entered into a binding 
                agreement prior to the date of enactment of the 
                Protecting Americans' Retirement Savings Act obligating 
                such plan to engage in a transaction described under 
                subparagraph (A), if the fiduciary of such plan 
                complies with the requirements of subparagraphs (I), 
                (J), and (K) of section 103(b)(3), such plan may 
                fulfill the terms of such agreement until such 
                agreement--
                            ``(i) expires; or
                            ``(ii) allows for termination.''.
    (c) Additional Disclosures for Employee Retirement Funds.--
            (1) In general.--Section 103(b)(3) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1023(b)(3)) 
        is amended--
                    (A) in subparagraph (H)(iv), by striking the period 
                at the end and inserting ``; and''; and
                    (B) by inserting at the end the following:
                    ``(I) a separate statement of all assets in the 
                plan that consist, in whole or in part, of an interest 
                in a sanctioned entity, including--
                            ``(i) the aggregate value of such assets in 
                        the plan;
                            ``(ii) the identity of each sanctioned 
                        entity in which such plan holds an interest; 
                        and
                            ``(iii) information identifying each list 
                        under subsection (h)(5) on which such 
                        sanctioned entity is listed, and the reasons 
                        for which an entity may be placed on such list;
                    ``(J) a separate statement of all assets in the 
                plan that consist, in whole or in part, of an interest 
                in a foreign adversary entity, including--
                            ``(i) the aggregate value of such assets in 
                        the plan;
                            ``(ii) the specific interest, and value 
                        thereof, that such plan holds in each such 
                        foreign adversary entity;
                            ``(iii) the name of any investment vehicle 
                        through which the plan holds such interest;
                            ``(iv) the name of the fiduciary 
                        responsible for such investment; and
                            ``(v) a brief statement of factors 
                        considered by the fiduciary in maintaining such 
                        investment;
                    ``(K) a description of any ongoing agreement 
                subject to section 404(a)(3)(C), including--
                            ``(i) the assets involved in such 
                        agreement;
                            ``(ii) the date on which such agreement 
                        expires;
                            ``(iii) the date on which such commitment 
                        may be terminated; and
                            ``(iv) such other information as the 
                        Secretary may deem appropriate.''.
            (2) Definitions.--Section 103 of the Employee Retirement 
        Income Security Act of 1974 (29 U.S.C. 1023) is further amended 
        by adding at the end the following new subsection:
    ``(h) Definitions.--In this section:
            ``(1) Control.--The term `control' has the meaning given in 
        section 800.208 of title 31, Code of Federal Regulations (as in 
        effect on the date of enactment of this Act).
            ``(2) Export administration regulations.--The term `Export 
        Administration Regulations' means the regulations set forth in 
        subchapter C of chapter VII of title 15, Code of Federal 
        Regulations, or successor regulations.
            ``(3) Foreign adversary.--The term `foreign adversary'--
                    ``(A) has the meaning given the term `covered 
                nation' in section 4872(d) of title 10, United States 
                Code (as in effect on the date of enactment of this 
                Act); and
                    ``(B) includes any Special Administrative Region of 
                any such covered nation.
            ``(4) Foreign adversary entity.--The term `foreign 
        adversary entity' means--
                    ``(A) any official governmental body at any level 
                in a foreign adversary;
                    ``(B) the armed forces of a foreign adversary;
                    ``(C) the leading political party of a foreign 
                adversary;
                    ``(D) a person organized under the laws of, 
                headquartered in, or with its principal place of 
                business in a foreign adversary; or
                    ``(E) a person subject to the direction or control 
                of an entity listed in subparagraphs (A) through (D).
            ``(5) Interest.--The term `interest' includes any 
        interest--
                    ``(A) held directly or indirectly through any chain 
                of ownership; or
                    ``(B) held as a derivative financial instrument or 
                other contractual arrangement with respect to such 
                sanctioned entity, including any financial instrument 
                or other contract which seeks to replicate any 
                financial return with respect to a sanctioned entity or 
                interest in such sanctioned entity.
            ``(6) Sanctioned entity.--The term `sanctioned entity' 
        means an entity listed on any of the following lists:
                    ``(A) The Non-SDN Chinese Military-Industrial 
                Complex Companies List (NS-CMIC List) maintained by the 
                Office of Foreign Assets Control of the Department of 
                the Treasury under Executive Order 14032 (86 Fed. Reg. 
                30145), or any successor order.
                    ``(B) The list of Chinese military companies 
                identified by the Secretary of Defense pursuant to 
                section 1260H of the William M. (Mac) Thornberry 
                National Defense Authorization Act for Fiscal Year 2021 
                (Public Law 116-283; 10 U.S.C. 113 note).
                    ``(C) The Entity List maintained by the Department 
                of Commerce and set forth in Supplement No. 4 to part 
                744 of the Export Administration Regulations.
                    ``(D) The Denied Persons List maintained by the 
                Department of Commerce and described in section 
                764.3(a)(2) of the Export Administration Regulations.
                    ``(E) The Unverified List set forth in Supplement 
                No. 6 to part 744 of the Export Administration 
                Regulations.
                    ``(F) The Military End User List set forth in 
                Supplement No. 7 to part 744 of the Export 
                Administration Regulations.
                    ``(G) The list of companies whose equipment or 
                services are maintained by the Federal Communications 
                Commission under section 2(a) of the Secure and Trusted 
                Communications Networks Act of 2019 (47 U.S.C. 
                1601(a)), commonly referred to as the FCC Covered list.
                    ``(H) The Uyghur Forced Labor Prevention Act Entity 
                List maintained by the Department of Homeland Security 
                pursuant to Public Law 117-78.
                    ``(I) The Withhold Release Orders and Findings List 
                maintained by the Commissioner of U.S. Customs and 
                Border Protection pursuant to Public Law 117-78.''.
            (3) Effective date.--
                    (A) Regulations required.--Not more than 180 days 
                after the enactment of this Act, the Secretary shall 
                issue regulations implementing this section.
                    (B) Effective date of regulations.--The regulations 
                issued under subparagraph (A) shall take effect not 
                later than 1 year after the date of enactment of this 
                Act.
    (d) Negotiation of a Free Trade Agreement With Taiwan, the 
Philippines, Indonesia, Thailand, Malaysia, New Zealand, and the United 
Kingdom.--Subject to subsection (e), the President is authorized to 
enter into an agreement with Taiwan, the Philippines, Indonesia, 
Thailand, Malaysia, New Zealand, and the United Kingdom consistent with 
the policy described in subsection (e), and the provisions of section 
151(c) of the Trade Act of 1974 (19 U.S.C. 2191(c)) shall apply with 
respect to a bill to implement such agreement.
    (e) Introduction and Fast Track Consideration of Implementing 
Bill.--
            (1) Introduction in house of representatives and senate.--
        Whenever the President submits to Congress a bill to implement 
        a trade agreement described in subsection (d) the bill shall be 
        introduced (by request) in the House of Representatives and in 
        the Senate as described in section 151(c) of the Trade Act of 
        1974 (19 U.S.C. 2191(c)).
            (2) Permissible content in implementing legislation.--A 
        bill to implement a trade agreement described in subsection (d) 
        shall contain provisions that are necessary to implement the 
        trade agreement, and shall include trade-related labor and 
        environmental protection standards, but may not include 
        amendments to title VII of the Tariff Act of 1930, title II of 
        the Trade Act of 1974, or any antitrust law of the United 
        States.
            (3) Applicability of fast track procedures.--Section 151 of 
        the Trade Act of 1974 (19 U.S.C. 2191) is amended--
                    (A) in subsection (b)(1), by inserting ``section 
                191 of the Countering Communist China Act,'' after 
                ``section 282 of the Uruguay Round Agreements Act,''; 
                and
                    (B) in subsection (c)(1), by inserting ``section 
                191 of the Countering Communist China Act,'' after 
                ``the Uruguay Round Agreements Act,''.

SEC. 106. DISCLOSING INVESTMENTS IN FOREIGN ADVERSARIES ACT OF 2024.

    (a) Short Title.--This section may be cited as the ``Disclosing 
Investments in Foreign Adversaries Act of 2024''.
    (b) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the 
        Securities and Exchange Commission.
            (2) Country of concern.--The term ``country of concern''--
                    (A) has the meaning given the term ``covered 
                nation'' in section 4872(d) of title 10, United States 
                Code; and
                    (B) includes a jurisdiction that the Commission, in 
                consultation with the Secretary of State and the 
                Secretary of the Treasury, determines to be subject to 
                the political and legal control of a covered nation, as 
                defined in section 4872(d) of title 10, United States 
                Code.
            (3) Covered entity.--The term ``covered entity'' means an 
        entity or person that is required to file Form PF.
            (4) Exempt reporting adviser.--The term ``exempt reporting 
        adviser'' means an investment adviser described in section 
        275.204-4(a) of title 17, Code of Federal Regulations, or any 
        successor regulation.
            (5) Form adv.--The term ``Form ADV'' means the form 
        described in section 279.1 of title 17, Code of Federal 
        Regulations, or any successor regulation.
            (6) Form pf.--The term ``Form PF'' means the form described 
        in section 279.9 of title 17, Code of Federal Regulations, or 
        any successor regulation.
            (7) Private fund.--The term ``private fund'' has the 
        meaning given the term in section 202(a) of the Investment 
        Advisers Act of 1940 (15 U.S.C. 80b-2(a)).
            (8) Private fund assets.--The term ``private fund assets'' 
        has the meaning given the term in section 275.204(b)-1 of title 
        17, Code of Federal Regulations, or any successor regulation.
    (c) Enhanced Disclosure Requirements for Advisers of Private 
Funds.--
            (1) Requirements.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Commission shall 
                amend Form PF and Form ADV, and the rules of the 
                Commission governing the submission of Form PF and Form 
                ADV, to, subject to subparagraph (B), require each 
                covered entity and each exempt reporting adviser to 
                annually disclose when submitting Form PF or Form ADV, 
                respectively, the total private fund assets in 
                countries of concern attributable to the private funds 
                advised by the covered entity or exempt reporting 
                adviser, as applicable, which shall be broken down by 
                the percentage of those assets in each country of 
                concern.
                    (B) Application.--For the purposes of subparagraph 
                (A), the Commission shall determine whether a private 
                fund asset is in a country of concern based on--
                            (i) the amount of capital that is invested 
                        in an entity (including a subsidiary of an 
                        entity)--
                                    (I) that has a physical presence or 
                                employees in that country of concern; 
                                or
                                    (II) the plurality of the sales of 
                                which are from that country of concern; 
                                and
                            (ii) the proportion of the total assets and 
                        liabilities of an entity described in clause 
                        (i) that are located in that country of 
                        concern.
            (2) Reporting by commission.--
                    (A) Publicly available reports.--
                            (i) In general.--Not later than 1 year 
                        after the date on which the Commission makes 
                        the amendments required under paragraph (1), 
                        and not less frequently than annually 
                        thereafter, the Commission shall prepare and 
                        make publicly available a report containing a 
                        list of covered entities and exempt reporting 
                        advisers that, for the period covered by the 
                        report, have disclosed more than 0 private fund 
                        assets under Form PF or Form ADV (as amended 
                        pursuant to that subsection) in at least 1 
                        country of concern, which shall be aggregated 
                        by the covered entity or exempt reporting 
                        adviser making that disclosure.
                            (ii) Additional requirements.--Each report 
                        prepared and made available by the Commission 
                        under clause (i) shall--
                                    (I) be aggregated by covered entity 
                                or exempt reporting adviser; and
                                    (II) include the percentage of 
                                private fund assets disclosed by a 
                                covered entity or exempt reporting 
                                adviser, as applicable.
                    (B) Rule of construction.--Nothing in this 
                subsection may be construed to permit the Commission to 
                make available any information that appears on Form PF 
                or Form ADV other than the information that is included 
                on Form PF or Form ADV as a result of the requirements 
                under paragraph (1).
    (d) Exempted Transactions.--
            (1) In general.--The Securities Exchange Act of 1934 (15 
        U.S.C. 78a et seq.) is amended by inserting after section 13A 
        (15 U.S.C. 78m-1) the following:

``SEC. 13B. DISCLOSURE REQUIREMENTS RELATING TO CERTAIN EXEMPTED 
              TRANSACTIONS.

    ``(a) Definitions.--In this section:
            ``(1) Beneficial owner.--The term `beneficial owner' means 
        a person that is determined to be a beneficial owner under 
        section 240.13d-3 of title 17, Code of Federal Regulations, or 
        any successor regulation.
            ``(2) Country of concern.--The term `country of concern'--
                    ``(A) has the meaning given the term `covered 
                nation' in section 4872(d) of title 10, United States 
                Code; and
                    ``(B) includes a jurisdiction that the Commission, 
                in consultation with the Secretary of State and the 
                Secretary of the Treasury, determines to be subject to 
                the political and legal control of a covered nation, as 
                defined in section 4872(d) of title 10, United States 
                Code.
            ``(3) Covered exempted transaction.--The term `covered 
        exempted transaction' means an offer or sale of a security that 
        is--
                    ``(A) exempt from registration under section 5 of 
                the Securities Act of 1933 (15 U.S.C. 77e); and
                    ``(B) structured or intended to comply with--
                            ``(i) section 230.506(b) of title 17, Code 
                        of Federal regulations, or any successor 
                        regulation;
                            ``(ii) sections 230.901, 230.902, and 
                        230.903 of title 17, Code of Federal 
                        Regulations, or any successor regulations; or
                            ``(iii) section 230.144A of title 17, Code 
                        of Federal Regulations, or any successor 
                        regulation.
    ``(b) Requirement.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, in the case of an issuer that conducts a covered exempted 
        transaction described in paragraph (2), that issuer shall 
        provide to the Commission, at such time and in such manner as 
        the Commission may prescribe, the following information:
                    ``(A) The identity of the issuer.
                    ``(B) The place of incorporation of the issuer.
                    ``(C) Whether the issuer is associated with at 
                least 1 consolidated entity, the plurality of the 
                assets of which are in a country of concern.
                    ``(D) Whether the issuer is associated with at 
                least 1 consolidated entity that is incorporated in a 
                country of concern.
                    ``(E) The amount of securities sold pursuant to the 
                covered exempted transaction and the net proceeds to 
                the issuer.
                    ``(F) The beneficial owners of the issuer.
                    ``(G) The intended use of the proceeds from the 
                covered exempted transaction, including each country in 
                which the issuer intends to invest those proceeds, 
                which shall be broken down by the percentage of net 
                proceeds by industry within each such country.
                    ``(H) The exemption the issuer relies on with 
                respect to the covered exempted transaction.
            ``(2) Particular covered exempted transaction described.--A 
        covered exempted transaction described in this paragraph is, 
        with respect to the issuer offering or selling the security 
        that is the subject of the covered exempted transaction, either 
        of the following instances:
                    ``(A) An offer or sale of securities in an amount 
                that is not less than $25,000,000.
                    ``(B) An offer or sale of a security such that the 
                offer or sale, together with all covered exempted 
                transactions by that issuer during the 1-year period 
                preceding the date on which the issuer offers or sells 
                the security, constitutes offers or sales in the 
                aggregate of an amount that is not less than 
                $50,000,000.
    ``(c) Authority To Revise and Promulgate Rules, Regulations, and 
Forms.--The Commission shall, for the protection of investors and fair 
and orderly markets--
            ``(1) revise and issue such rules, regulations, and forms 
        as may be necessary to carry out this section; and
            ``(2) issue rules to set conditions that limit the future 
        use of covered exempted transactions for issuers that do not 
        comply with the disclosure requirements of this section.
    ``(d) Applicability.--This section shall apply with respect to any 
covered exempted transaction that occurs on or after the date that is 1 
year after the date of enactment of this section.
    ``(e) Reports.--The Commission shall, on a quarterly basis, prepare 
and make publicly available a report that includes all information 
submitted by an issuer under this section during the quarter covered by 
the report, if that issuer--
            ``(1) is--
                    ``(A) incorporated in a country of concern; or
                    ``(B) incorporated outside of a country of concern 
                and is associated with at least 1 consolidated entity--
                            ``(i) the plurality of the assets of which 
                        are in a country of concern; or
                            ``(ii) that is incorporated in a country of 
                        concern; or
            ``(2) discloses in a filing made pursuant to this section 
        that the issuer intends to invest the proceeds from a covered 
        exempted transaction in a country of concern.''.

SEC. 107. STOP FUNDING THE CCP THROUGH A-SHARES ACT.

    This Act may be cited as the ``Stop Funding the CCP through A-
Shares Act''.

SEC. 108. PROHIBITED ACTS.

    (a) Definitions.--In this section:
            (1) Acting in a professional capacity.--The term ``acting 
        in a professional capacity'' includes acting as--
                    (A) a member (as defined in section 3(a)(3)(A) of 
                the Securities Exchange Act of 1934 (15 U.S.C. 
                78c(a)(3)(A))) of a national securities exchange;
                    (B) a member (as defined in section 3(a)(3)(B) of 
                the Securities Exchange Act of 1934 (15 U.S.C. 
                78c(a)(3)(B))) of a registered securities association; 
                or
                    (C) an associated person of a member (as defined in 
                section 3(a) of the Securities Exchange Act of 1934 (15 
                U.S.C. 78c(a))) described in subparagraph (A) or (B).
            (2) Assignment.--The term ``assignment'' has the meaning 
        given the term in section 2(a) of the Investment Company Act of 
        1940 (15 U.S.C. 80a- 2(a)).
            (3) Commerce.--The term ``commerce'' has the meaning given 
        the term in section 4 of the Federal Trade Commission Act (15 
        U.S.C. 44).
            (4) Covered exchange.--The term ``covered exchange'' 
        means--
                    (A) the Shanghai Stock Exchange (or any subsidiary 
                of that exchange);
                    (B) the Shenzhen Stock Exchange (or any subsidiary 
                of that exchange);
                    (C) the Beijing Stock Exchange (or any subsidiary 
                of that exchange); or
                    (D) any other national exchange, or subsidiary of 
                such an exchange, that is subject to the influence or 
                control of the Party Committee of the China Securities 
                Regulatory Commission, other than the Stock Exchange of 
                Hong Kong.
            (5) Covered security.--The term ``covered security'' means 
        a security that--
                    (A) as of the date on which a covered transaction 
                is executed with respect to the security, is listed on 
                a covered exchange;
                    (B) is derivative of a security described in 
                subparagraph (A); or
                    (C) is designed to provide investment exposure to a 
                security described in subparagraph (A).
            (6) Covered transaction.--The term ``covered transaction'' 
        means a purchase, sale, or assignment.
            (7) Engage in.--The term ``engage in'', with respect to a 
        transaction, means to order, approve, or otherwise perform any 
        act in furtherance of that transaction.
            (8) Purchase; sale; security.--The terms ``purchase'', 
        ``sale'', and ``security'' have the meanings given those terms 
        in section 3(a) of the Securities Exchange Act of 1934 (15 
        U.S.C. 78c(a)).
            (9) U.S. person.--The term ``U.S. person'' has the meaning 
        given the term in section 120.62 of title 22, Code of Federal 
        Regulations, or any successor regulation.
            (10) Willfully.--The term ``willfully'', with respect to an 
        action, means that the action is taken voluntarily and 
        intentionally in violation of a known legal duty.
    (b) Prohibition.--
            (1) In general.--Except for the purposes of complying with 
        paragraph (2), beginning on the date of enactment of this Act, 
        it shall be unlawful for any U.S. person to make use of the 
        mails or any means or instrumentality of commerce to engage in 
        a covered transaction with respect to a covered security.
            (2) Divestment required.--Not later than 180 days after the 
        date of enactment of this Act, each U.S. person shall divest of 
        all covered securities held by the U.S. person.
    (c) Penalties.--A U.S. person that violates, attempts to violate, 
conspires to violate, or causes a violation of this section shall be 
subject to any of the following penalties:
            (1) A civil penalty in an amount not to exceed the greater 
        of--
                    (A) $350,000; or
                    (B) an amount that is twice the amount of the 
                covered transaction that is the basis of the violation 
                with respect to which the penalty is imposed.
            (2) With respect to a U.S. person that willfully violates, 
        willfully attempts to violate, willfully conspires to violate, 
        or willfully aids or abets in the commission of a violation of 
        this section, a criminal penalty as follows:
                    (A) If that U.S. person is an individual not acting 
                in a professional capacity, a fine of not more than 
                $1,000,000, a term of imprisonment of not more than 5 
                years, or both.
                    (B) If that U.S. person is an individual acting in 
                a professional capacity, a fine of not more than 
                $5,000,000, a term of imprisonment of not more than 20 
                years, or both.
                    (C)(i) If that U.S. person is an organization, 
                including any entity described in clause (ii), a fine 
                of not more than $25,000,000.
                    (ii) An entity described in this clause is any of 
                the following:
                            (I) An investment company, as defined in 
                        section 3 of the Investment Company Act of 1940 
                        (15 U.S.C. 80a-3).
                            (II) A bank, broker, dealer, exchange, 
                        insurance company, investment banker, 
                        underwriter, savings and loan association, 
                        business development company, commodity pool, 
                        commodity pool operator, commodity trading 
                        advisor, major swap participant, swap dealer, 
                        or swap execution facility, as those terms are 
                        defined in section 2(a) of the Investment 
                        Company Act of 1940 (15 U.S.C. 80a-2(a)).
                            (III) An investment adviser, as defined in 
                        section 202(a) of the Investment Advisers Act 
                        of 1940 (15 U.S.C. 80b-2(a)).
                            (IV) A market intermediary, as defined in 
                        section 3(c)(2)(B)(i) of the Investment Company 
                        Act of 1940 (15 U.S.C. 80a-3(c)(2)(B)(i)).
                            (V) A fund described in section 3(c)(10)(B) 
                        of the Investment Company Act of 1940 (15 
                        U.S.C. 80a-3(c)(10)(B)).
                            (VI) A qualified pension, profit-sharing, 
                        or stock bonus plan described in section 401 of 
                        the Internal Revenue Code of 1986.
                            (VII) An individual retirement account, as 
                        defined in section 408(a) of the Internal 
                        Revenue Code of 1986.
                            (VIII) A tax credit employee stock 
                        ownership plan, as defined in section 409(a) of 
                        the Internal Revenue Code of 1986.

SEC. 109. REPORTS TO CONGRESS.

    (a) In General.--In accordance with subsection (b), the Secretary 
of the Treasury, in consultation with the Secretary of Commerce, the 
Secretary of State, the Secretary of Defense, the Assistant to the 
President for National Security Affairs, and the Director of National 
Intelligence, shall submit to Congress a report on, for the period 
covered by the report--
            (1) the extent of mitigation and elimination of the 
        conditions described in section 2(b); and
            (2) the extent of the occurrence of the conditions 
        described in section 2(b) with respect to securities listed on 
        the Stock Exchange of Hong Kong.
    (b) Frequency of Submission.--The Secretary of the Treasury shall 
submit to Congress a report described in subsection (a)--
            (1) not later than 90 days after the date of enactment of 
        this Act;
            (2) not later than 180 days after the date of enactment of 
        this Act; and
            (3) once every 180 days after the date on which the 
        Secretary submits the report required under paragraph (2) of 
        this subsection.

SEC. 110. ANNUAL REPORT ON UNITED STATES PORTFOLIO INVESTMENTS IN THE 
              PEOPLE'S REPUBLIC OF CHINA.

    (a) Definitions.--In this section:
            (1) Chinese entity.--The term ``Chinese entity'' means 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.
            (2) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States; 
                or
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States, including a foreign branch of such an entity.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter, the Secretary of the Treasury shall 
submit to Congress a report on portfolio investments by United States 
persons in the People's Republic of China, including such investments 
routed through a jurisdiction outside the United States.
    (c) Elements.--Each report required by subsection (b) shall include 
an assessment of the involvement of the following in portfolio 
investments in the People's Republic of China:
            (1) United States persons making such investments, 
        including an assessment of--
                    (A) the types of United States persons making such 
                investments, including State pension funds; and
                    (B) United States persons making more than 2 
                percent of the total of such investments in a year.
            (2) Chinese entities receiving such investments, including 
        an assessment of--
                    (A) such entities in individual sectors of the 
                economic of the People's Republic of China, including 
                the housing sector;
                    (B) any Chinese entities subject to sanctions 
                imposed by the United States receiving such 
                investments; and
                    (C) Chinese entities that receive more than 
                $100,000,000 from such investments.
    (d) Period Covered.--The period covered by a report required by 
subsection (b) shall be--
            (1) in the case of the first such report, the period 
        beginning on January 1, 2008, and ending on the date of the 
        report; and
            (2) in the case of each subsequent such report, the 1-year 
        period preceding submission of the report.

SEC. 111. COORDINATION.

    (a) In General.--The Secretary of the Treasury and the Securities 
and Exchange Commission may coordinate to carry out this Act.
    (b) Coordination on Imposition of Criminal Penalties.--For the 
purposes of carrying out section 3(c)(2), the Secretary of the Treasury 
and the Securities and Exchange Commission may coordinate with the 
Attorney General.

   TITLE II--MATTERS RELATING TO COUNTERING CHINA'S MALIGN INFLUENCE

SEC. 201. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT 
              KNOWINGLY SPREAD MALIGN DISINFORMATION AS PART OF OR ON 
              BEHALF OF A FOREIGN GOVERNMENT OR POLITICAL PARTY FOR 
              PURPOSES OF POLITICAL WARFARE.

    (a) Imposition of Sanctions.--The President shall impose the 
sanctions described in subsection (b) with respect to any foreign 
person that the President determines knowingly commits a significant 
act of malign disinformation on behalf of the government of a foreign 
country or foreign political party that has the direct purpose or 
effect of influencing political, diplomatic, or educational activities 
in the United States for the purpose of harming--
            (1) the national security or defense of the United States; 
        or
            (2) the safety and security of any United States citizen or 
        alien lawfully admitted for permanent residence.
    (b) Sanctions Described.--
            (1) In general.--The sanctions described in this subsection 
        with respect to a foreign person determined by the President to 
        be subject to subsection (a) are the following:
                    (A) Asset blocking.--The President shall exercise 
                of all powers granted to the President by the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1701 et seq.) to the extent necessary to block and 
                prohibit all transactions in property and interests in 
                property of the foreign person if such property and 
                interests in property are in the United States, come 
                within the United States, or are or come within the 
                possession or control of a United States person.
                    (B) Inadmissibility of certain individuals.--
                            (i) Ineligibility for visas, admission, or 
                        parole.--In the case of a foreign person who is 
                        an individual, the foreign person is--
                                    (I) inadmissible to the United 
                                States;
                                    (II) ineligible to receive a visa 
                                or other documentation to enter the 
                                United States; and
                                    (III) otherwise ineligible to be 
                                admitted or paroled into the United 
                                States or to receive any other benefit 
                                under the Immigration and Nationality 
                                Act (8 U.S.C. 1101 et seq.).
                            (ii) Current visas revoked.--
                                    (I) In general.--In the case of a 
                                foreign person who is an individual, 
                                the visa or other documentation issued 
                                to the person shall be revoked, 
                                regardless of when such visa or other 
                                documentation is or was issued.
                                    (II) Effect of revocation.--A 
                                revocation under subclause (I) shall--
                                            (aa) take effect 
                                        immediately; and
                                            (bb) automatically cancel 
                                        any other valid visa or entry 
                                        documentation that is in the 
                                        person's possession.
            (2) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of any 
        regulation, license, or order issued to carry out paragraph 
        (1)(A) shall be subject to the penalties set forth in 
        subsections (b) and (c) of section 206 of the International 
        Emergency Economic Powers Act (50 U.S.C. 1705) to the same 
        extent as a person that commits an unlawful act described in 
        subsection (a) of that section.
            (3) Exception to comply with united nations headquarters 
        agreement.--Sanctions under paragraph (1)(B) shall not apply to 
        a foreign person who is an individual if admitting the person 
        into the United States is necessary to permit the United States 
        to comply with the Agreement regarding the Headquarters of the 
        United Nations, signed at Lake Success June 26, 1947, and 
        entered into force November 21, 1947, between the United 
        Nations and the United States, or other applicable 
        international obligations.
    (c) Waiver.--The President may, for one period not to exceed one 
year, waive the application of sanctions imposed with respect to a 
foreign person under this section if the President certifies to the 
appropriate congressional committees not later than 15 days before such 
waiver is to take effect that the waiver is vital to the national 
security interests of the United States.
    (d) Implementation Authority.--The President may exercise all 
authorities provided to the President under sections 203 and 205 of the 
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) 
for purposes of carrying out this section.
    (e) Regulatory Authority.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the President shall promulgate such 
        regulations as are necessary for the implementation of this 
        section.
            (2) Notification to congress.--Not less than 10 days before 
        the promulgation of regulations under paragraph (1), the 
        President shall notify and provide to the appropriate 
        congressional committees the proposed regulations and an 
        identification of the provisions of this section that the 
        regulations are implementing.
    (f) Definitions.--In this section:
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given those terms in section 101(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on the Judiciary, the Committee on Ways and Means, and 
                the Committee on Financial Services of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on the Judiciary, the Committee on Finance, 
                and the Committee on Banking, Housing, and Urban 
                Affairs of the Senate.
            (3) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (4) Knowingly.--The term ``knowingly'', with respect to 
        conduct, a circumstance, or a result, means that a person has 
        actual knowledge, or should have known, of the conduct, the 
        circumstance, or the result.
            (5) Person.--The term ``person'' means an individual or 
        entity.
            (6) Property; interest in property.--The terms ``property'' 
        and ``interest in property'' have the meanings given the terms 
        ``property'' and ``property interest'', respectively, in 
        section 576.312 of title 31, Code of Federal Regulations, as in 
        effect on the day before the date of the enactment of this Act.
            (7) United states person.--The term ``United States 
        person'' means--
                    (A) an individual who is a United States citizen or 
                an alien lawfully admitted for permanent residence to 
                the United States;
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States, including a foreign branch of such an entity; 
                or
                    (C) any person in the United States.
    (g) Sunset.--
            (1) In general.--This section shall cease to be effective 
        beginning on January 1, 2026.
            (2) Inapplicability.--Paragraph (1) shall not apply with 
        respect to sanctions imposed with respect to a foreign person 
        under this section before January 1, 2026.

SEC. 202. DETERMINATION WITH RESPECT TO THE IMPOSITION OF SANCTIONS ON 
              THE UNITED FRONT WORK DEPARTMENT OF THE CHINESE COMMUNIST 
              PARTY.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of State shall submit to the appropriate 
congressional committees a determination, including a detailed 
justification, on whether the United Front Work Department of the 
Chinese Communist Party, or any component or official thereof, meets 
the criteria for the application of sanctions pursuant to--
            (1) section 101 of this Act;
            (2) section 1263 of the Global Magnitsky Human Rights 
        Accountability Act (subtitle F of title XII of Public Law 114-
        328; 22 U.S.C. 2656 note);
            (3) section 6 of the Uyghur Human Rights Policy Act of 2020 
        (Public Law 116-145; 22 U.S.C. 6901 note); or
            (4) Executive Order 13694 (50 U.S.C. 1701 note; relating to 
        blocking property of certain persons engaged in significant 
        malicious cyber-enabled activities).
    (b) Form.--The determination required by subsection (a) shall be 
submitted in unclassified form but may contain a classified annex.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Foreign Affairs, the Permanent Select Committee on 
        Intelligence, the Committee on Financial Services, and the 
        Committee on the Judiciary of the House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Foreign Relations, the Select Committee on Intelligence, the 
        Committee on Banking, Housing, and Urban Affairs, and the 
        Committee on the Judiciary of the Senate.

SEC. 203. AUTHORITIES TO REGULATE OR PROHIBIT MOBILE APPLICATIONS AND 
              SOFTWARE PROGRAMS THAT ENGAGE IN THEFT OR UNAUTHORIZED 
              TRANSMISSION OF USER DATA ON BEHALF OF A COMMUNIST 
              COUNTRY, FOREIGN ADVERSARY, OR STATE SPONSOR OF 
              TERRORISM.

    Section 203 of the International Emergency Economic Powers Act (50 
U.S.C. 1702) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c)(1) Notwithstanding subsection (b), the authority granted to 
the President by this section includes the authority to regulate or 
prohibit transactions with a mobile application or software program 
that--
            ``(A) engages in the theft or unauthorized transmission of 
        a user's data; and
            ``(B) provides to a covered country or covered foreign 
        political party access to such data.
    ``(2) In this subsection, the term `covered country' means any of 
the following:
            ``(A) A communist country.
            ``(B) A foreign adversary.
            ``(C) A state sponsor of terrorism.
    ``(3) In this subsection:
            ``(A) The term `communist country' has the meaning given 
        such term in section 620(f)(1) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2370(f)(1)).
            ``(B) The term `covered foreign political party' means the 
        Chinese Communist Party (CCP).
            ``(C) The term `foreign adversary' has the meaning given 
        such term in Executive Order 13920, issued on May 1, 2020, 
        entitled `Securing the United States BulkPower System', and 
        including the list of foreign adversaries identified by the 
        Department of Energy's Office of Electricity pursuant to such 
        Executive Order on July 7, 2020, as in effect on January 19, 
        2021.
            ``(D) The term `state sponsor of terrorism' means a country 
        the government of which the Secretary of State determines has 
        repeatedly provided support for international terrorism 
        pursuant to--
                    ``(i) section 1754(c)(1)(A) of the Export Control 
                Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A));
                    ``(ii) section 620A of the Foreign Assistance Act 
                of 1961 (22 U.S.C. 2371);
                    ``(iii) section 40 of the Arms Export Control Act 
                (22 U.S.C. 2780); or
                    ``(iv) any other provision of law.''.

SEC. 204. IMPOSITION OF SANCTIONS WITH RESPECT TO MOBILE APPLICATIONS 
              OR SOFTWARE PROGRAMS THAT ENGAGE IN THEFT OR UNAUTHORIZED 
              TRANSMISSION OF USER DATA.

    (a) Imposition of Sanctions.--Notwithstanding any other provision 
of law, the President is authorized to impose the sanctions described 
in subsection (b) with respect to any foreign person that the President 
determines has developed, maintains, provides, owns, or controls a 
mobile application or software program that--
            (1) engages in the theft or unauthorized transmission of a 
        user's data to servers located in China; and
            (2) provides to the Government of the People's Republic of 
        China (PRC), the Chinese Communist Party (CCP), or any person 
        owned by or controlled by the PRC or CCP access to such data.
    (b) Sanctions Described.--
            (1) In general.--The sanctions described in this subsection 
        with respect to a foreign person determined by the President to 
        be subject to subsection (a) are the following:
                    (A) Asset blocking.--The President shall exercise 
                of all powers granted to the President by the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1701 et seq.) to the extent necessary to block and 
                prohibit all transactions in property and interests in 
                property of the foreign person if such property and 
                interests in property are in the United States, come 
                within the United States, or are or come within the 
                possession or control of a United States person.
                    (B) Inadmissibility of certain individuals.--
                            (i) Ineligibility for visas, admission, or 
                        parole.--In the case of a foreign person who is 
                        an individual, the foreign person is--
                                    (I) inadmissible to the United 
                                States;
                                    (II) ineligible to receive a visa 
                                or other documentation to enter the 
                                United States; and
                                    (III) otherwise ineligible to be 
                                admitted or paroled into the United 
                                States or to receive any other benefit 
                                under the Immigration and Nationality 
                                Act (8 U.S.C. 1101 et seq.).
                            (ii) Current visas revoked.--
                                    (I) In general.--In the case of a 
                                foreign person who is an individual, 
                                the visa or other documentation issued 
                                to the person shall be revoked, 
                                regardless of when such visa or other 
                                documentation is or was issued.
                                    (II) Effect of revocation.--A 
                                revocation under subclause (I) shall--
                                            (aa) take effect 
                                        immediately; and
                                            (bb) automatically cancel 
                                        any other valid visa or entry 
                                        documentation that is in the 
                                        person's possession.
            (2) Penalties.--The penalties provided for in subsections 
        (b) and (c) of section 206 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
        that violates, attempts to violate, conspires to violate, or 
        causes a violation of regulations promulgated under subsection 
        (e) to implement this section to the same extent that such 
        penalties apply to a person that commits an unlawful act 
        described in section 206(a) of such Act.
            (3) Exception to comply with united nations headquarters 
        agreement.--Sanctions under paragraph (1)(B) shall not apply to 
        a foreign person who is an individual if admitting the person 
        into the United States is necessary to permit the United States 
        to comply with the Agreement regarding the Headquarters of the 
        United Nations, signed at Lake Success June 26, 1947, and 
        entered into force November 21, 1947, between the United 
        Nations and the United States, or other applicable 
        international obligations.
    (c) Waiver.--The President may, on a case-by-case basis and for 
periods not to exceed 180 days, waive the application of sanctions 
imposed with respect to a foreign person under this section if the 
President certifies to the appropriate congressional committees not 
later than 15 days before such waiver is to take effect that the waiver 
is vital to the national security interests of the United States.
    (d) Implementation Authority.--The President may exercise all 
authorities provided to the President under sections 203 and 205 of the 
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) 
for purposes of carrying out this section. The exceptions to the 
President's authority described in section 203(b) of the International 
Emergency Economic Powers Act, as shall not apply to the President's 
authority to exercise authorities under this section.
    (e) Regulatory Authority.--
            (1) In general.--The President shall, not later than 180 
        days after the date of the enactment of this Act, prescribe 
        regulations as necessary for the implementation of this Act and 
        the amendments made by this Act.
            (2) Notification to congress.--No later than 10 days before 
        the prescription of regulations under subsection (1), the 
        President shall notify the appropriate congressional committees 
        regarding the proposed regulations and the provisions this Act 
        and the amendments made by this Act that the regulations are 
        implementing.
    (f) Definitions.--In this section:
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given those terms in section 101(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on the Judiciary, the Committee on Ways and Means, and 
                the Committee on Financial Services of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Banking, Housing, and Urban Affairs of the 
                Senate.
            (3) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.

SEC. 205. DETERMINATION WITH RESPECT TO THE IMPOSITION OF SANCTIONS ON 
              WECHAT AND TIKTOK.

    (a) Determination.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
appropriate congressional committees a determination, including a 
detailed justification, regarding whether WeChat and TikTok, or any 
component thereof, or any entity owned or controlled by WeChat, 
satisfies the criteria for the application of sanctions pursuant to--
            (1) section 205 of this Act; or
            (2) Executive Order 13694 (50 U.S.C. 1701 note; relating to 
        blocking property of certain persons engaged in significant 
        malicious cyber-enabled activities).
    (b) Form.--The determination required by subsection (a) shall be 
submitted in unclassified form but may contain a classified annex.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Foreign Affairs, the Permanent Select Committee on 
        Intelligence, the Committee on Financial Services, and the 
        Committee on the Judiciary of the House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Foreign Relations, the Select Committee on Intelligence, the 
        Committee on Banking, Housing, and Urban Affairs, and the 
        Committee on the Judiciary of the Senate.

SEC. 206. PROHIBITING LOBBYING CONTACTS ON BEHALF OF COMMUNIST 
              COUNTRIES.

    (a) Prohibition.--The Lobbying Disclosure Act of 1995 (2 U.S.C. 
1601 et seq.) is amended by inserting after section 5 the following new 
section:

``SEC. . PROHIBITING LOBBYING CONTACTS ON BEHALF OF FOREIGN COUNTRIES 
              OF CONCERN.

    ``(a) Prohibition.--Notwithstanding any other provision of law, no 
person may receive direct or indirect compensation in any form, 
including intangible or in-kind, for serving as an agent of a foreign 
country of concern, or making a lobbying contact on behalf of a foreign 
country of concern.
    ``(b) Penalty.--In addition to any other penalty under this Act, 
any person who violates subsection (a) shall be subject to a fine of at 
least an amount greater than the total compensation the person received 
in violation of subsection (a) and shall be subject of a fine of no 
more than three times the total compensation the person received in 
violation of subsection (a).
    ``(c) Definition.--In this section, a `foreign country of concern' 
means a country defined under section 19221(a)(1) of title 42, United 
States Code, as well as any agent, instrumentality or entity owned or 
controlled by a foreign country of concern.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to lobbying contacts under the Lobbying Disclosure 
Act of 1995 which are made on or after the date of the enactment of 
this Act.

SEC. 207. ANNUAL DISCLOSURE OF CONTRIBUTIONS FROM FOREIGN GOVERNMENTS 
              AND POLITICAL PARTIES BY CERTAIN TAX-EXEMPT 
              ORGANIZATIONS.

    (a) Reporting Requirement.--Section 6033(b) of the Internal Revenue 
Code of 1986 is amended by striking ``and'' at the end of paragraph 
(15), by redesignating paragraph (16) as paragraph (17) and by 
inserting after paragraph (15) the following new paragraph:
            ``(16) with respect to each government of a foreign country 
        (within the meaning of section 1(e) of the Foreign Agents 
        Registration Act of 1938 (22 U.S.C. 611(e))) and each foreign 
        political party (within the meaning of section 1(f) of such Act 
        (22 U.S.C. 611(f)) which made aggregate contributions and gifts 
        to the organization during the year in excess of $50,000, the 
        name of such government or political party and such aggregate 
        amount, and''.
    (b) Public Disclosure.--Section 6104 of such Code is amended by 
adding at the end the following new subsection:
    ``(e) Public Disclosure of Certain Information.--The Secretary 
shall make publicly available in a searchable database the following 
information:
            ``(1) The information furnished under section 6033(b)(16) 
        of the Internal Revenue Code of 1986, as amended by this 
        section.
            ``(2) The name of the organization furnishing the 
        information described in paragraph (1).
            ``(3) The aggregate amount reported under such section as 
        having been received as contributions or gifts in each year 
        from the People's Republic of China and (stated separately) 
        from the Chinese Communist Party.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to returns filed for taxable years beginning after the date of 
the enactment of this Act.

SEC. 208. POSITION OF SANCTIONS WITH RESPECT TO SENIOR OFFICIALS OF THE 
              CHINESE COMMUNIST PARTY.

    (a) Imposition of Sanctions.--Notwithstanding any other provision 
of law, the President is authorized to impose the sanctions described 
in subsection (b) with respect to any foreign person the President 
determines--
            (1) is a senior official of the CCP, including a member of 
        the CCP Politburo; and
            (2) has engaged in or provided support to or for--
                    (A) a malign disinformation campaign or political 
                warfare operation against the United States;
                    (B) the theft of intellectual property of a United 
                States person;
                    (C) threats or actions undermining the sovereignty 
                of Taiwan; and
                    (D) the forced closure or destruction of churches, 
                mosques, Buddhist temples or any other place of worship 
                in China, or religious practice of Christians, Muslims, 
                Buddhists or any other religious group in China.
    (b) Sanctions Described.--
            (1) In general.--The sanctions described in this subsection 
        with respect to a foreign person determined by the President to 
        be subject to subsection (a) are the following:
                    (A) Asset blocking.--The President shall exercise 
                of all powers granted to the President by the 
                International Emergency Economic Powers Act (U.S.C. 
                1701 et seq.) to the extent necessary to block and 
                prohibit all transactions in property and interests in 
                property of the foreign person if such property and 
                interests in property are in the United States, come 
                within the United States, or are or come within the 
                possession or control of a United States person.
                    (B) Inadmissibility of certain individuals.--
                            (i) Ineligibility for visas, admission, or 
                        parole.--Such a foreign person is--
                                    (I) inadmissible to the United 
                                States;
                                    (II) ineligible to receive a visa 
                                or other documentation to enter the 
                                United States; and
                                    (III) otherwise ineligible to be 
                                admitted or paroled into the United 
                                States or to receive any other benefit 
                                under the Immigration and Nationality 
                                Act (8 U.S.C. 1101 et seq.).
                            (ii) Current visas revoked.--
                                    (I) In general.--The visa or other 
                                documentation issued to such a foreign 
                                person shall be revoked, regardless of 
                                when such visa or other documentation 
                                is or was issued.
                                    (II) Effect of revocation.--A 
                                revocation under subclause (I) shall--
                                            (aa) take effect 
                                        immediately; and
                                            (bb) automatically cancel 
                                        any other valid visa or entry 
                                        documentation that is in the 
                                        person's possession.
            (2) Penalties.--The penalties provided for in subsections 
        (b) and (c) of section 206 of the International Emergency 
        Economic Powers Act (50 24 U.S.C. 1705) shall apply to a person 
        that violates, attempts to violate, conspires to violate, or 
        causes a violation of regulations promulgated under subsection 
        (f) to implement this section to the same extent that such 
        penalties apply to a person that commits an unlawful act 
        described in section 206(a) of that Act.
            (3) Exception to comply with united nations headquarters 
        agreement.--Sanctions under paragraph (1)(B) shall not apply to 
        a foreign person who is an individual if admitting the person 
        into the United States is necessary to permit the United States 
        to comply with the Agreement regarding the Headquarters of the 
        United Nations, signed at Lake Success June 26, 1947, and 
        entered into force November 21, 1947, between the United 
        Nations and the United States, or other applicable 
        international obligations.
    (c) Waiver.--The President may, on a case-by-case basis and for one 
period not to exceed one year, waive the application of sanctions 
imposed with respect to a foreign person under this section if the 
President certifies to the appropriate congressional committees not 
later than 15 days before such waiver is to take effect that such 
waiver is vital to the national security interests of the United 
States.
    (d) Termination of Sanctions.--The President may terminate the 
application of sanctions under this section if the President determines 
and reports to the appropriate congressional committees not later than 
15 days before the termination takes effect that the President has 
determined that the foreign person no longer is involved in any of the 
activities described in subsection (a).
    (e) Implementation Authority.--The President may exercise all 
authorities provided to the President under sections 203 and 205 of the 
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) 
for purposes of carrying out this section.
    (f) Regulatory Authority.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the President shall promulgate 
        regulations as necessary for the implementation of this 
        section.
            (2) Notification to congress.--Not later than 10 days 
        before the promulgation of regulations under paragraph (1), the 
        President shall notify and provide to the appropriate 
        congressional committees the proposed regulations and the 
        provisions of this section that such regulations are 
        implementing.
    (g) Sunset.--
            (1) In general.--This section shall terminate on January 1, 
        2026.
            (2) Inapplicability.--Paragraph (1) shall not apply with 
        respect to sanctions imposed with respect to a foreign person 
        under this section before January 1, 2026.
    (h) Definitions.--In this section:
            (1) Admitted.--The term ``admitted'' has the meaning given 
        such term in section 101(3) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(3)).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on the Judiciary, the Committee on Ways and Means, and 
                the Committee on Financial Services of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Banking, Housing, and Urban Affairs of the 
                Senate.
            (3) Foreign person.--The term ``foreign person'' means a 
        person that is not a national or citizen of the United States 
        or lawfully admitted for permanent residence in the United 
        States.

SEC. 209. DETERMINATION WITH RESPECT TO THE IMPOSITION OF SANCTIONS ON 
              MEMBERS OF THE CCP POLITBURO.

    (a) Determination.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State, in consultation with the 
Secretary of the Treasury, shall submit to the appropriate 
congressional committees a determination, including a detailed 
justification, regarding whether any member of the Chinese Communist 
Party (CCP) Politburo satisfies the criteria for the application of 
sanctions pursuant to any of the following:
            (1) Section 208 of this Act.
            (2) Executive Order 13694 (50 U.S.C. 1701 note; relating to 
        blocking property of certain persons engaged in significant 
        malicious cyber-enabled activities).
            (3) The Global Magnitsky Human Rights Accountability Act 
        (22 U.S.C. 2656 note).
            (4) The Uyghur Human Rights and Policy Act of 2020 (Public 
        Law 116-145).
            (5) The Hong Kong Human Rights and Democracy Act of 2019 
        (Public Law 116-76).
    (b) Form.--The determination required by subsection (a) shall be 
submitted in unclassified form but may contain a classified annex.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Foreign Affairs, the Committee on Financial Services, and the 
        Committee on the Judiciary of the House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Foreign Relations, the Committee on Banking, Housing, and Urban 
        Affairs, and the Committee on the Judiciary of the Senate.

SEC. 210. MANDATORY APPLICATION OF SANCTIONS.

    (a) In General.--No later than 180 days after the date of the 
enactment of this Act, the President shall impose the sanctions 
described in section 108 with respect to each individual specified in 
subsection (b).
    (b) Individuals and Organizations Described.--The individuals 
specified in this subsection are the following:
            (1) He Lifeng.
            (2) Zhao Leji.
            (3) Cai Qi.
            (4) Ding Xuexiang.
            (5) Li Xi.

SEC. 211. SANCTIONING TYRANNICAL AND OPPRESSIVE PEOPLE WITHIN THE 
              CHINESE COMMUNIST PARTY.

    (a) Short Title.--This section may be cited as the ``Sanctioning 
Tyrannical and Oppressive People within the Chinese Communist Party 
Act'' or the ``STOP CCP Act''.
    (b) Findings.--Congress finds the following:
            (1) The Hong Kong National Security Law promulgated on July 
        1, 2020--
                    (A) contravenes the Basic Law of the Hong Kong 
                Special Administrative Region that provides in Article 
                23 that the Legislative Council of Hong Kong shall 
                enact legislation related to national security;
                    (B) violates the People's Republic of China's 
                commitments under international law, as defined by the 
                Joint Declaration; and
                    (C) causes severe and irreparable damage to the 
                ``one country, two systems'' principle and further 
                erodes global confidence in the People's Republic of 
                China's commitment to international law.
            (2) Repression of ethnic Muslim minorities in the Xinjiang 
        Uyghur Autonomous Region of the People's Republic of China has 
        been ongoing, and was formalized with the ``Strike Hard 
        Campaign against Violent Terrorism'' that began in 2014.
            (3) The mass internment of Uyghur and other Muslim ethnic 
        minorities in the Xinjiang Uyghur Autonomous Region has been 
        ongoing since April 2017.
            (4) The People's Republic of China has conducted a targeted 
        and systemic population-control campaign against ethnic and 
        religious minorities in the Xinjiang Uyghur Autonomous Region 
        by imposing and implementing coercive population-control 
        practices, including selectively enforcing birth quotas, 
        targeting minority women who are in noncompliance with birth 
        quotas, and subjecting women to coercive measures such as 
        forced birth control, forced sterilization, and forced 
        abortion.
            (5) On October 6, 2020, 39 countries delivered a cross-
        regional joint statement to the United States Mission to the 
        United Nations on the human rights abuses on Uyghurs and other 
        minorities for forced birth control including sterilization.
            (6) On January 19, 2021, the Department of State determined 
        that the People's Republic of China committed crimes against 
        humanity and genocide against Uyghurs and other ethnic and 
        religious minority groups in the Xinjiang Uyghur Autonomous 
        Region, citing forced sterilizations, forced abortions, coerced 
        marriages, and separation of Uyghur children from their 
        families.
            (7) The Department of State's 2020 Country Reports on Human 
        Rights Practices affirmed the genocide determination and noted 
        coercive population control measures inflicted on ethnic and 
        religious minority women in China, including forced injections 
        with ``drugs that cause temporary or permanent end to their 
        menstrual cycles and fertility''.
            (8) The United States ratified the United Nations 
        Convention on the Prevention and Punishment of Genocide in 
        1988, recognizing that ``imposing measures intended to prevent 
        births within the group'' with intent to destroy a group in 
        whole or part is an act that constitutes genocide.
            (9) Taiwan is a free and prosperous democracy of nearly 
        24,000,000 people and an important contributor to peace and 
        stability around the world.
            (10) Section 2(b) of the Taiwan Relations Act (Public Law 
        96-8; 22 U.S.C. 3301(b)) states that it is the policy of the 
        United States--
                    (A) ``to preserve and promote extensive, close, and 
                friendly commercial, cultural, and other relations 
                between the people of the United States and the people 
                on Taiwan, as well as the people on the China mainland 
                and all other peoples of the Western Pacific area'';
                    (B) ``to declare that peace and stability in the 
                area are in the political, security, and economic 
                interests of the United States, and are matters of 
                international concern'';
                    (C) ``to make clear that the United States decision 
                to establish diplomatic relations with the People's 
                Republic of China rests upon the expectation that the 
                future of Taiwan will be determined by peaceful 
                means'';
                    (D) ``to consider any effort to determine the 
                future of Taiwan by other than peaceful means, 
                including by boycotts or embargoes, a threat to the 
                peace and security of the Western Pacific area and of 
                grave concern to the United States''; and
                    (E) ``to provide Taiwan with arms of a defensive 
                character'';
                    (F) ``to maintain the capacity of the United States 
                to resist any resort to force or other forms of 
                coercion that would jeopardize the security, or the 
                social or economic system, of the people on Taiwan''.
            (11) Since the election of President Tsai Ing-wen as 
        President of Taiwan in 2016, the Government of the People's 
        Republic of China has intensified its efforts to pressure 
        Taiwan through diplomatic isolation and military provocations.
            (12) The rapid modernization of the People's Liberation 
        Army and recent military maneuvers in and around the Taiwan 
        Strait illustrate a clear threat to Taiwan's security.
    (c) Sense of Congress.--It is the sense of Congress that the 
Chinese Communist Party, led by General Secretary Xi Jinping, has 
committed numerous human rights violations against the people of Hong 
Kong and the people of Taiwan, as well as genocide against Uyghur 
Muslims in the Xinjiang Uyghur Autonomous Region.
    (d) Imposition of Sanctions on Members of the National Communist 
Party Congress of the People's Republic of China.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the President shall impose sanctions 
        under paragraph (2) with respect to--
                    (A) a person who is or was a member of any National 
                Communist Party Congress of the People's Republic of 
                China; and
                    (B) any person who is an adult family member, 
                including a spouse or adult family member, of a person 
                described in subparagraph (A).
            (2) Sanctions described.--
                    (A) In general.--The sanctions described in this 
                subsection are the following:
                            (i) Blocking of property.--The President 
                        shall exercise all of the powers granted to the 
                        President under the International Emergency 
                        Economic Powers Act (50 U.S.C. 1701 et seq.) to 
                        the extent necessary to block and prohibit all 
                        transactions in property and interests in 
                        property of the 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.
                            (ii) Aliens ineligible for visas, 
                        admission, or parole.--
                                    (I) Visas, admission, or parole.--
                                An alien who the Secretary of State or 
                                the Secretary of Homeland Security (or 
                                a designee of one of such Secretaries) 
                                knows, or has reason to believe, has 
                                knowingly engaged in any activity 
                                described in paragraph (1) is--
                                            (aa) inadmissible to the 
                                        United States;
                                            (bb) ineligible to receive 
                                        a visa or other documentation 
                                        to enter the United States; and
                                            (cc) otherwise ineligible 
                                        to be admitted or paroled into 
                                        the United States or to receive 
                                        any other benefit under the 
                                        Immigration and Nationality Act 
                                        (8 U.S.C. 1101 et seq.).
                                    (II) Current visas revoked.--
                                            (aa) In general.--The 
                                        issuing consular officer, the 
                                        Secretary of State, or the 
                                        Secretary of Homeland Security 
                                        (or a designee of one of such 
                                        Secretaries) shall, in 
                                        accordance with section 221(i) 
                                        of the Immigration and 
                                        Nationality Act (8 U.S.C. 
                                        1201(i)), revoke any visa or 
                                        other entry documentation 
                                        issued to an alien described in 
                                        subclause (I) regardless of 
                                        when the visa or other entry 
                                        documentation is issued.
                                            (bb) Effect of 
                                        revocation.--A revocation under 
                                        item (aa) shall take effect 
                                        immediately and shall 
                                        automatically cancel any other 
                                        valid visa or entry 
                                        documentation that is in the 
                                        alien's possession.
                    (B) Exceptions.--
                            (i) United nations headquarters 
                        agreement.--The sanctions described under 
                        subparagraph (A)(ii) shall not apply with 
                        respect to an alien if admitting or paroling 
                        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.
                            (ii) Exception for intelligence, law 
                        enforcement, and national security 
                        activities.--Sanctions under subparagraph (A) 
                        shall not apply to any authorized intelligence, 
                        law enforcement, or national security 
                        activities of the United States.
                            (iii) Exception relating to importation of 
                        goods.--
                                    (I) In general.--Notwithstanding 
                                any other provision of this 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.
                                    (II) Good defined.--In this clause, 
                                the term ``good'' means any article, 
                                natural or man-made substance, 
                                material, supply or manufactured 
                                product, including inspection and test 
                                equipment, and excluding technical 
                                data.
            (3) Penalties.--The penalties provided for in subsections 
        (b) and (c) of section 206 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
        that violates, attempts to violate, conspires to violate, or 
        causes a violation of regulations promulgated to carry out this 
        section or the sanctions imposed pursuant to this section to 
        the same extent that such penalties apply to a person that 
        commits an unlawful act described in section 206(a) of that 
        Act.
            (4) Implementation authority.--The President may exercise 
        all authorities provided to the President under sections 203 
        and 205 of the International Emergency Economic Powers Act (50 
        U.S.C. 1702 and 1704) for purposes of carrying out this 
        section.
            (5) Regulatory authority.--The President shall, not later 
        than 30 days after the date of the enactment of this Act, 
        promulgate regulations as necessary for the implementation of 
        this section.
            (6) Waiver.--The President shall have the authority to 
        waive the sanctions required by paragraph (1) for renewable 
        periods of 30 days, if the President provides a written 
        certification to the appropriate congressional committees, 
        which shall also be made publicly available on a website 
        maintained by the Federal Government, that the People's 
        Republic of China and the Chinese Communist Party have--
                    (A) ceased the genocide of the Uyghur Muslim 
                population, including verifiably shutting down all 
                internment camps of Uyghurs and ending the practice of 
                facilitating or supporting Uyghur forced labor and 
                forced sterilization;
                    (B) ceased all forms of threats, military 
                exercises, and aggression toward Taiwan, including 
                through verifiably, and for at least a period of one 
                year, having not conducted any breach of Taiwan's air 
                space, territorial waters, or land mass, by any 
                military or intelligence personnel associated with the 
                People's Republic of China or the Chinese Communist 
                Party, or any agent or instrumentality thereof;
                    (C) ceased the undermining of the autonomy of Hong 
                Kong, including through respecting the terms of the 
                Sino-British Joint Declaration, and reversing all steps 
                taken to interfere with the democratic process and 
                governance of Hong Kong; and
                    (D) ceased efforts to steal the intellectual 
                property of United States persons.
            (7) Sunset of waiver and license authorities.--The 
        President's authority to issue waivers or licenses with respect 
        to sanctions required by paragraph (1) or pursuant to sections 
        203 and 205 of the International Emergency Economic Powers Act 
        (50 U.S.C. 1702 and 1704) with regard to sanctions required by 
        paragraph (1) shall cease to apply beginning on the date that 
        is 2 years after the date of enactment of this Act.

SEC. 212. CONTINUATION IN EFFECT OF CERTAIN EXPORT CONTROLS.

    (a) Huawei Technologies Co. Ltd.--The Secretary of Commerce may not 
remove Huawei Technologies Co. Ltd., or its subsidiaries and 
affiliates, from the entity list or modify any of the licensing 
policies pursuant to its designation on the entity list, including the 
foreign direct product rule, unless the Secretary, with the concurrence 
of the End-User Review Committee by a unanimous vote of such Committee, 
certifies to the appropriate congressional committees that Huawei 
Technologies Co. Ltd., and its subsidiaries and affiliates--
            (1) have not engaged in activities that are contrary to 
        United States national security or foreign policy interests and 
        are unlikely to engage in such activities in the future; and
            (2) are not owned, controlled, or influenced by the 
        Communist Party of China.
    (b) Honor Device Co. Ltd.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Commerce--
            (1) shall designate Honor Device Co. Ltd. for inclusion on 
        the entity list; and
            (2) shall publish a notification with respect to such 
        designation in the Federal Register.
    (c) Report.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, and on a monthly basis thereafter, 
        the Secretary of Commerce shall submit to the appropriate 
        congressional committees a report that--
                    (A) identifies and describes all license 
                applications received by the Department of Commerce to 
                export, reexport, or transfer (in-country) items 
                subject to the Export Administration Regulations to--
                            (i) Huawei Technologies Co. Ltd., or its 
                        subsidiaries and affiliates; or
                            (ii) Honor Device Co. Ltd; and
                    (B) identifies whether such license applications 
                were approved or denied.
            (2) Form.--The report required by subsection (a) shall be 
        submitted in unclassified form, but may contain a classified 
        annex.
    (d) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Affairs of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs of the Senate.
            (2) End-user review committee.--The term ``End-User Review 
        Committee'' means the End-User Review Committee described in 
        Supplement No. 9 to part 748 of the Export Administration 
        Regulations.
            (3) Entity list.--The term ``entity list'' means the list 
        maintained by the Bureau of Industry and Security and set forth 
        in Supplement No. 4 to part 744 of the Export Administration 
        Regulations.
            (4) Export administration regulations.--The term ``Export 
        Administration Regulations'' means subchapter C of chapter VII 
        of title 15, Code of Federal Regulations.

SEC. 213. EXCLUSION OF GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA 
              FROM CERTAIN CULTURAL EXCHANGES.

    Subsection (a) of section 108A of the Mutual Educational and 
Cultural Exchange Act of 1961 (22 U.S.C. 2458a(a)) is amended by adding 
at the end the following new paragraph:
            ``(3) For purposes of this section, the term `foreign 
        government' does not include the Government of the People's 
        Republic of China.''.

SEC. 214. PROHIBITION ON ANY TSP FUND INVESTING IN ENTITIES BASED IN 
              THE PEOPLE'S REPUBLIC OF CHINA.

    (a) In General.--Section 8438 of title 5, United States Code, is 
amended by adding at the end the following:
    ``(i) Notwithstanding any other provision of this section, no fund 
established or overseen by the Board may include an investment in any 
security of--
            ``(1) an entity based in the People's Republic of China; or
            ``(2) any subsidiary that is owned or operated by an entity 
        described in paragraph (1).''.
    (b) Divestiture of Assets.--Not later than 30 days after the date 
of enactment of this Act, the Federal Retirement Thrift Investment 
Board established under section 8472(a) of title 5, United States Code, 
shall--
            (1) review whether any sums in the Thrift Savings Fund are 
        invested in violation of subsection (i) of section 8438 of that 
        title, as added by subsection (a) of this section;
            (2) if any sums are invested in the manner described in 
        paragraph (1), divest those sums in a manner that is consistent 
        with the legal and fiduciary duties provided under chapter 84 
        of that title, or any other applicable provision of law; and
            (3) reinvest any sums divested under paragraph (2) in 
        investments that do not violate subsection (i) of section 8438 
        of that title, as added by subsection (a) of this section.
    (c) Prohibition on Investment of TSP Funds in Entities Based in the 
People's Republic of China Through the TSP Mutual Fund Window.--Section 
8438(b)(5) of title 5, United States Code, is amended by adding at the 
end the following:
                    ``(E) A mutual fund accessible through a mutual 
                fund window authorized under this paragraph may not 
                include an investment in any security of--
                            ``(i) an entity based in the People's 
                        Republic of China; or
                            ``(ii) any subsidiary that is owned or 
                        operated by an entity described in clause 
                        (i).''.

SEC. 215. ENACTMENT OF EXECUTIVE ORDER.

    (a) In General.--The provisions of Executive Order 13920 (85 Fed. 
Reg. 26595; relating to securing the United States bulk-power system 
(May 1, 2020)) (as in effect on May 1, 2020) are enacted into law.
    (b) Publication.--In publishing this Act in slip form and in the 
United States Statutes at Large pursuant to section 112 of title 1, 
United States Code, the Archivist of the United States shall include 
after the date of approval at the end an appendix setting forth the 
text of the Executive order referred to in subsection (a) (as in effect 
on May 1, 2020).

SEC. 216. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED 
              STATES OF GREENFIELD INVESTMENTS BY PEOPLE'S REPUBLIC OF 
              CHINA.

    (a) Inclusion in Definition of Covered Transaction.--Section 
721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) 
is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(iii) any transaction described in 
                        subparagraph (B)(vi) proposed or pending on or 
                        after the date of the enactment of the 
                        Countering Communist China Act.''; and
            (2) in subparagraph (B), by adding at the end the 
        following:
                            ``(vi) An investment by a foreign person 
                        that--
                                    ``(I) involves--
                                            ``(aa) the completed or 
                                        planned purchase or lease by, 
                                        or a concession to, the foreign 
                                        person of private or public 
                                        real estate in the United 
                                        States; and
                                            ``(bb) the establishment of 
                                        a United States business to 
                                        operate a factory or other 
                                        facility on that real estate; 
                                        and
                                    ``(II) could result in control, 
                                including through formal or informal 
                                arrangements to act in concert, of that 
                                United States business by--
                                            ``(aa) the Government of 
                                        the People's Republic of China;
                                            ``(bb) a person owned or 
                                        controlled by, or acting on 
                                        behalf of, that Government;
                                            ``(cc) an entity in which 
                                        that Government has, directly 
                                        or indirectly, including 
                                        through formal or informal 
                                        arrangements to act in concert, 
                                        a 5 percent or greater 
                                        interest;
                                            ``(dd) an entity in which 
                                        that Government has, directly 
                                        or indirectly, the right or 
                                        power to appoint, or approve 
                                        the appointment of, any members 
                                        of the board of directors, 
                                        board of supervisors, or an 
                                        equivalent governing body 
                                        (including external directors 
                                        and other individuals who 
                                        perform the duties usually 
                                        associated with such titles) or 
                                        officers (including the 
                                        president, senior vice 
                                        president, executive vice 
                                        president, and other 
                                        individuals who perform duties 
                                        normally associated with such 
                                        titles) of any other entity 
                                        that held, directly or 
                                        indirectly, including through 
                                        formal or informal arrangements 
                                        to act in concert, a 5 percent 
                                        or greater interest in the 
                                        entity in the preceding 3 
                                        years; or
                                            ``(ee) an entity in which 
                                        any members or officers 
                                        described in item (dd) of any 
                                        other entity holding, directly 
                                        or indirectly, including 
                                        through formal or informal 
                                        arrangements to act in concert, 
                                        a 5 percent or greater interest 
                                        in the entity are members of 
                                        the Chinese Communist Party or 
                                        have been members of the 
                                        Chinese Communist Party in the 
                                        preceding 3 years.''.
    (b) Definition of Government of People's Republic of China.--
Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 
4565(a)) is amended--
            (1) by redesignating paragraphs (8) through (13) as 
        paragraphs (9) through (14), respectively; and
            (2) by inserting after paragraph (7) the following:
            ``(7) Government of people's republic of china.--The term 
        `Government of the People's Republic of China' includes the 
        national and subnational governments within the People's 
        Republic of China, including any departments, agencies, or 
        instrumentalities of such governments.''.
    (c) Mandatory Filing of Declarations.--Section 
721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50 
U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is amended by adding at the end the 
following:
                    ``(DD) Greenfield investments by people's republic 
                of china.--The parties to a covered transaction 
                described in subsection (a)(4)(B)(vi) shall submit a 
                declaration described in subclause (I) with respect to 
                the transaction.''.

SEC. 217. MODIFICATION OF AUTHORITIES TO REGULATE OR PROHIBIT THE 
              IMPORTATION OR EXPORTATION OF INFORMATION OR 
              INFORMATIONAL MATERIALS CONTAINING SENSITIVE PERSONAL 
              DATA UNDER THE INTERNATIONAL EMERGENCY ECONOMIC POWERS 
              ACT.

    (a) In General.--Section 203 of the International Emergency 
Economic Powers Act (50 U.S.C. 1702) is amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``to regulate or prohibit, directly or 
                indirectly'' and inserting ``to directly regulate or 
                prohibit''; and
                    (B) in the first sentence of paragraph (3)--
                            (i) by striking ``but not limited to,''; 
                        and
                            (ii) by inserting ``, but excluding 
                        sensitive personal data''; and
            (2) by adding at the end the following:
    ``(d) Sensitive Personal Data Defined.--In subsection (b)(3), the 
term `sensitive personal data' means any of the following:
            ``(1) Personally identifiable information, including the 
        following:
                    ``(A) Financial data that could be used to analyze 
                or determine an individual's financial distress or 
                hardship.
                    ``(B) The set of data in a consumer report, as 
                defined under section 603 of the Fair Credit Reporting 
                Act (15 U.S.C. 1681a), unless such data is obtained 
                from a consumer reporting agency for one or more 
                purposes identified in subsection (a) of such section.
                    ``(C) The set of data in an application for health 
                insurance, long-term care insurance, professional 
                liability insurance, mortgage insurance, or life 
                insurance.
                    ``(D) Data relating to the physical, mental, or 
                psychological health condition of an individual.
                    ``(E) Non-public electronic communications, 
                including email, messaging, or chat communications, 
                between or among users of a United States business's 
                products or services if a primary purpose of such 
                product or service is to facilitate third-party user 
                communications.
                    ``(F) Geolocation data collected using positioning 
                systems, cell phone towers, or WiFi access points such 
                as via a mobile application, vehicle GPS, other onboard 
                mapping tool, or wearable electronic device.
                    ``(G) Biometric enrollment data including facial, 
                voice, retina/iris, and palm/fingerprint templates.
                    ``(H) Data stored and processed for generating a 
                Federal, State, tribal, territorial, or other 
                government identification card.
                    ``(I) Data concerning United States Government 
                personnel security clearance status.
                    ``(J) The set of data in an application for a 
                United States Government personnel security clearance 
                or an application for employment in a position of 
                public trust.
            ``(2) Genetic information, which includes the results of an 
        individual's genetic tests, including any related genetic 
        sequencing data, whenever such results, in isolation or in 
        combination with previously released or publicly available 
        data, constitute identifiable data. Such results shall not 
        include data derived from databases maintained by the United 
        States Government and routinely provided to private parties for 
        purposes of research. For purposes of this paragraph, the term 
        `genetic test' has the meaning provided in section 2791(d)(17) 
        of the Public Health Service Act (42 U.S.C. 300gg-
        91(d)(17)).''.
    (b) Effective Date.--The amendments made by this section--
            (1) take effect on the date of the enactment of this Act; 
        and
            (2) apply with respect to any exercise of the authority 
        granted to the President under section 203 of the International 
        Emergency Economic Powers Act on or after such date of 
        enactment.

SEC. 218. PROHIBITING THE PURCHASE OF AGRICULTURAL LAND LOCATED IN THE 
              UNITED STATES.

    The Secretary of Agriculture shall take such actions as may be 
necessary to prohibit the purchase of agricultural land located in the 
United States by companies owned, in full or in part, by the People's 
Republic of China. Beginning on the date of the enactment of this Act, 
agricultural land owned by the People's Republic of China or companies 
owned, in full or in part, by the People's Republic of China shall not 
be eligible for participation in programs administered by the Secretary 
of Agriculture.

SEC. 219. REPORT.

    The Director of National Intelligence shall annually submit to 
Congress a report on ownership structures and spending on media 
outlets, including in the form of paid advertorials, by entities with 
economic ties to Chinese state actors.

SEC. 220. PROHIBITION OF FEDERAL CONTRACTS.

    (a) In General.--The President shall take such steps as may be 
necessary to prohibit the awarding or renewal of any Federal contract 
or procurement agreement with any technology company the President 
determines has provided hardware or software to the Government of the 
People's Republic of China or to any state-owned enterprise of China.
    (b) Exception.--A technology company shall not be subject to the 
prohibition under subsection (a) if the company agrees to provide bulk 
data to the United States Government on demand.
    (c) Waiver.--The President may waive the prohibition under 
subsection (a) on a case-by-case basis if the President certifies to 
Congress that such a waiver is in the national security interests of 
the United States.
    (d) Referral.--The Chair or Ranking Member of the Committee on 
Foreign Affairs of the House of Representatives or the Committee on 
Foreign Relations of the Senate may refer to the President the 
identities of companies the Chair or Ranking member believes meets the 
definition of ``technology company'' for purposes of this section and 
should be subject to the prohibition under subsection (a).

SEC. 221. ESTABLISHING NEW AUTHORITIES FOR BUSINESSES LAUNDERING AND 
              ENABLING RISKS TO SECURITY.

    (a) Short Title.--This section may be cited as the ``Establishing 
New Authorities for Businesses Laundering and Enabling Risks to 
Security Act'' or the ``ENABLERS Act''.
    (b) Financial Institution Definition.--
            (1) In general.--Section 5312(a)(2) of title 31, United 
        States Code, as amended by the William M. (Mac) Thornberry 
        National Defense Authorization Act for Fiscal Year 2021, is 
        amended--
                    (A) by redesignating subparagraphs (Z) and (AA) as 
                subparagraphs (GG) and (HH), respectively; and
                    (B) by inserting after subparagraph (Y) the 
                following:
                    ``(Z) a person engaged in the business of providing 
                investment advice for compensation;
                    ``(AA) a person engaged in the trade in works of 
                art, antiques, or collectibles, including a dealer, 
                advisor, consultant, custodian, gallery, auction house, 
                museum, or any other person who engages as a business 
                in the solicitation or the sale of works of art, 
                antiques, or collectibles;
                    ``(BB) an attorney, law firm, or notary involved in 
                financial activity or related administrative activity 
                on behalf of another person;
                    ``(CC) a trust or company service provider, 
                including--
                            ``(i) a person involved in forming a 
                        corporation, limited liability company, trust, 
                        foundation, partnership, or other similar 
                        entity or arrangement;
                            ``(ii) a person involved in acting as, or 
                        arranging for another person to act as, a 
                        registered agent, trustee, or nominee to be a 
                        shareholder, officer, director, secretary, 
                        partner, signatory, or other similar position 
                        in relation to a person or arrangement;
                            ``(iii) a person involved in providing a 
                        registered office, address, or other similar 
                        service for a person or arrangement; or
                            ``(iv) any other person providing trust or 
                        company services, as defined by the Secretary 
                        of the Treasury;
                    ``(DD) a certified public accountant or public 
                accounting firm;
                    ``(EE) a person engaged in the business of public 
                relations, marketing, communications, or other similar 
                services in such a manner as to provide another person 
                anonymity or deniability;
                    ``(FF) a person engaged in the business of 
                providing third-party payment services, including 
                payment processing, check consolidation, cash vault 
                services, or other similar services designated by the 
                Secretary of the Treasury;''.
            (2) Rulemaking.--
                    (A) In general.--Not later than December 31, 2023--
                            (i) the Secretary of the Treasury shall 
                        repeal section 103.170 of title 31, Code of 
                        Federal Regulations (relating to exemptions for 
                        certain financial institutions); and
                            (ii) the Secretary of the Treasury shall 
                        issue one or more rules to require all 
                        financial institutions (as defined in section 
                        5312(a)(2) of title 31, United States Code) 
                        that have not already done so to--
                                    (I) report suspicious transactions 
                                under section 5318(g) of title 31, 
                                United States Code;
                                    (II) establish anti-money 
                                laundering programs under section 
                                5318(h) of title 31, United States 
                                Code;
                                    (III) establish due diligence 
                                policies, procedures, and controls 
                                under section 5318(i) of title 31, 
                                United States Code; and
                                    (IV) identify and verify their 
                                account holders under section 5318(l) 
                                of title 31, United States Code.
                    (B) Trust or company service provider.--In 
                promulgating a rule under subparagraph (A)(ii) to 
                implement subparagraph (CC) of section 5312(a)(2) of 
                title 31, United States Code, as added by paragraph 
                (1), the Secretary of Treasury shall exclude from the 
                category of covered persons--
                            (i) any government agency; and
                            (ii) any attorney or law firm that uses a 
                        paid trust or company service provider, 
                        including any paid entity formation agent, 
                        operating within the United States.
            (3) Effective date.--
                    (A) In general.--Subparagraphs (Z) through (FF) of 
                section 5312(a)(2) of title 31, United States Code, as 
                added by paragraph (1), shall take effect on December 
                31, 2023.
                    (B) Limitation on exemptions.--With respect to a 
                person described under subparagraphs (Z) through (FF) 
                of section 5312(a)(2) of title 31, United States Code, 
                as added by paragraph (1), the Secretary of the 
                Treasury may not exempt such person from any 
                requirement under subchapter II of chapter 53 of title 
                31, United States Code, including any delay in such 
                application.
                    (C) Application of certain provisions.--Any 
                financial institution (as defined in section 5312(a)(2) 
                of title 31, United States Code) that is not already 
                required to comply with subsections (g), (h), (i), and 
                (l) of section 5318 of title 31, United States Code, 
                shall do so on and after June 30, 2024, whether or not 
                a rule has been issued under paragraph (2)(A)(ii).
    (c) Treasury Task Force and Strategy.--
            (1) In general.--The Secretary of the Treasury, acting 
        through the Director of the Financial Crimes Enforcement 
        Network, shall establish a task force to--
                    (A) develop an ambitious, comprehensive, and multi-
                year United States Government strategy to impose anti-
                money laundering safeguards on all necessary gatekeeper 
                professions;
                    (B) designate and authorize a Federal or State 
                agency to enforce anti-money laundering requirements 
                for each type of financial institution defined in 
                section 5312(a)(2) of title 31, United States Code; and
                    (C) advance the regulatory rulemaking required 
                under subsection (b)(2) of this section.
            (2) Gatekeepers strategy.--
                    (A) In general.--Section 262 of the Countering 
                America's Adversaries Through Sanctions Act (Public Law 
                115-44), is amended by inserting after paragraph (10) 
                the following:
            ``(11) Gatekeepers strategy.--A description of efforts to 
        impose anti-money laundering safeguards on all necessary 
        gatekeeper professions, including art dealers, investment 
        advisors, real estate professionals, lawyers, accountants, 
        trust or company service providers, public relations 
        professionals, dealers of luxury vehicles, money service 
        businesses, and other similar professions.''.
                    (B) Update clarification.--If, before the date of 
                the enactment of this Act, all updates to the national 
                strategy required by section 261(b) of the Countering 
                America's Adversaries Through Sanctions Act (Public Law 
                115-44) have been completed, the President shall 
                provide an additional update of such national strategy 
                to the Congress containing the contents required under 
                the amendment made by subparagraph (A).
    (d) Reporting by Title Insurance Companies.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of the Treasury shall 
        promulgate a rule requiring a domestic title insurance company 
        to obtain, maintain, and report to the Secretary information on 
        the beneficial owners of entities that purchase or sell 
        residential or commercial real estate in transactions in which 
        the domestic title insurance company is involved.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary such sums as may be 
        necessary to carry out this section.
            (3) Definitions.--In this subsection:
                    (A) Beneficial owner.--The term ``beneficial 
                owner'', with respect to an entity, has the meaning as 
                defined in section 5336 of subchapter II of chapter 53 
                of title 31, United States Code.
                    (B) Domestic title insurance company.--The term 
                ``domestic title insurance company'' has the meaning 
                given that term in regulations prescribed by the 
                Secretary.

SEC. 222. AMENDMENT TO DEPARTMENT OF STATE REWARDS PROGRAM.

    Subsection (b) of section 36 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2708) is amended--
            (1) in paragraph (12), by striking ``or'' after the 
        semicolon at the end;
            (2) in paragraph (13), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(14) the identification of credible information regarding 
        the origins of COVID-19, or any person or entity involved in 
        the coverup of the origins of COVID-19, or the identification 
        of any person or entity that provides nonpublic information 
        related to gain of function research connected to Chinese 
        laboratories, including the Wuhan Institute of Virology, with 
        relation to coronaviruses that has been covered up by the 
        Government of China and the Chinese Communist Party.''.

SEC. 223. PROHIBITION ON USE OF FUNDS TO SEEK MEMBERSHIP IN THE WORLD 
              HEALTH ORGANIZATION OR TO PROVIDE ASSESSED OR VOLUNTARY 
              CONTRIBUTIONS TO THE WORLD HEALTH ORGANIZATION.

    (a) In General.--Notwithstanding any other provision of law, no 
funds available to any Federal department or agency may be used to seek 
membership by the United States in the World Health Organization or to 
provide assessed or voluntary contributions to the World Health 
Organization until such time as the President certifies to Congress 
that the World Health Organization meets the conditions described in 
subsection (b).
    (b) Conditions Described.--The conditions described in this 
subsection are the following:
            (1) The World Health Organization has adopted meaningful 
        reforms to ensure that humanitarian assistance is not 
        politicized and is to be provided to those with the most need.
            (2) The World Health Organization is not under the control 
        or significant malign influence of the Chinese Communist Party.
            (3) The World Health Organization is not involved in a 
        coverup of the Chinese Communist Party's response to the COVID-
        19 pandemic.
            (4) The World Health Organization grants observer status to 
        Taiwan.
            (5) The World Health Organization does not divert 
        humanitarian or medical supplies to Iran, North Korea, or 
        Syria.
            (6) The World Health Organization has put in place 
        mechanisms to increase transparency and accountability in its 
        operations and eliminate waste, fraud, and abuse.

SEC. 224. AMENDMENTS TO THE CHEMICAL AND BIOLOGICAL WEAPONS CONTROL AND 
              WARFARE ELIMINATION ACT OF 1991.

    (a) Purposes and Definitions.--Section 502 of the Chemical and 
Biological Weapons Control and Warfare Elimination Act of 1991 (22 
U.S.C. 5601) is amended--
            (1) in the section heading, by adding at the end before the 
        period the following: ``and definitions'';
            (2) by striking ``The purposes'' and inserting ``(a) 
        Purposes.--The purposes'';
            (3) in paragraph (1)--
                    (A) by striking ``or use'' and insert ``use''; and
                    (B) by inserting ``, or engage in an act or acts of 
                gross negligence with respect to a chemical or 
                biological program owned, controlled, or directed by, 
                or subject to the jurisdiction of the government of a 
                foreign state'' after ``nationals''; and
            (4) by adding at the end the following:
    ``(b) Definitions.--In this Act:
            ``(1) Gross negligence.--The term `gross negligence', with 
        respect to an act or acts of a government of a foreign state, 
        includes the government knew, or should have known, the act or 
        acts would result in injury or damages to another foreign state 
        or other such foreign states.
            ``(2) Foreign state.--The term `foreign state'--
                    ``(A)(i) has the meaning given that term in 
                subsection (a) of section 1603 of title 28, United 
                States Code; and
                    ``(ii) includes an `agency or instrumentality of a 
                foreign state' as that term is defined in subsection 
                (b) of such section; and
                    ``(B) includes an entity that is--
                            ``(i)(I) directly or indirectly owned, 
                        controlled, or beneficially owned by, or in an 
                        official or unofficial capacity acting as an 
                        agent of or on behalf of, the government of a 
                        foreign state; or
                            ``(II) received significant material 
                        support from the government of a foreign state; 
                        and
                            ``(ii) engaged in providing commercial 
                        services, shipping, manufacturing, producing, 
                        or exporting.''.
    (b) Determinations Regarding Use of Chemical or Biological 
Weapons.--Section 506 of the Chemical and Biological Weapons Control 
and Warfare Elimination Act of 1991 (22 U.S.C. 5604) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraph (3) as paragraph 
                (4);
                    (B) by inserting after paragraph (2) the following:
            ``(3) Additional determination by the president.--
                    ``(A) When determination required; nature of 
                determination.--Whenever credible information becomes 
                available to the executive branch indicating a 
                substantial possibility that, on or after January 1, 
                2020, the government of a foreign country has engaged 
                in an act or acts of gross negligence with respect to a 
                chemical or biological program owned, controlled, or 
                directed by, or subject to the jurisdiction of the 
                government of a foreign state, the President shall, 
                within 60 days after the receipt of such information by 
                the executive branch, determine whether that 
                government, on or after such date, has engaged in an 
                act or acts of gross negligence with respect to a 
                chemical or biological program owned, controlled, or 
                directed by, or subject to the jurisdiction of the 
                government of a foreign state. Section 507 applies if 
                the President determines that that government has so 
                engaged in such act or acts of gross negligence.
                    ``(B) Matters to be considered.--In making the 
                determination under subparagraph (A), the President 
                shall consider the following:
                            ``(i) All physical and circumstantial 
                        evidence available bearing on the possibility 
                        that the government in question engaged in an 
                        act or acts of gross negligence with respect to 
                        a chemical or biological program owned, 
                        controlled, or directed by, or subject to the 
                        jurisdiction of the government of a foreign 
                        state.
                            ``(ii) Whether evidence exists that such 
                        program or programs have civilian and military 
                        purposes or applications.
                            ``(iii) Whether the government in question 
                        attempted to conceal or otherwise withhold 
                        information from other governments or 
                        international organizations regarding an act or 
                        acts of gross negligence.
                            ``(iv) Whether, and to what extent, the 
                        government in question is compliant with its 
                        obligations under the Biological and Toxin 
                        Weapons Convention or Convention on the 
                        Prohibition of the Development, Production, 
                        Stockpiling and Use of Chemical Weapons and on 
                        their Destruction, as applicable.
                            ``(v) Whether, and to what extent, the 
                        government in question is providing or 
                        otherwise voluntarily disclosing substantive 
                        information to relevant international 
                        organizations.''; and
                    (C) in paragraph (4) (as redesignated)--
                            (i) in the first sentence, by inserting 
                        ``or (3)'' after ``paragraph (1)'';
                            (ii) in the second sentence, by inserting 
                        ``under paragraph (1)'' after 
                        ``determination''; and
                            (iii) by adding at the end the following: 
                        ``If the determination under paragraph (3) is 
                        that a foreign government had engaged in an act 
                        or acts of gross negligence with respect to a 
                        chemical or biological program owned, 
                        controlled, or directed by, or subject to the 
                        jurisdiction of the government of a foreign 
                        state, the report shall specify the sanctions 
                        to be imposed pursuant to section 507A.''; and
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``whether a particular 
                        foreign government'' and inserting the 
                        following: ``whether--
                    ``(A) a particular foreign government'';
                            (ii) by striking the period at the end and 
                        inserting ``; or''; and
                            (iii) by adding at the end the following:
                    ``(B) a particular foreign government, on or after 
                January 1, 2020, has engaged in an act of acts of gross 
                negligence with respect to a chemical or biological 
                program owned, controlled, or directed by, or subject 
                to the jurisdiction of the government of a foreign 
                state.''; and
                    (B) in paragraph (2)--
                            (i) in the first sentence--
                                    (I) by striking ``whether the 
                                specified government'' and inserting 
                                the following: ``whether--
                    ``(A) the specified government'';
                                    (II) by striking the period at the 
                                end and inserting ``; or''; and
                                    (III) by adding at the end the 
                                following:
                    ``(B) the specified government, on or after January 
                1, 2020, has engaged in an act or acts of gross 
                negligence with respect to a chemical or biological 
                program owned, controlled, or directed by, or subject 
                to the jurisdiction of the government of a foreign 
                state.''; and
                            (ii) in the second sentence--
                                    (I) by inserting ``or (3)(B), as 
                                applicable'' after ``subsection 
                                (a)(2)''; and
                                    (II) by moving the margin of the 
                                second sentence so it has the same 
                                level of indentation as margin of the 
                                matter preceding subparagraph (A) of 
                                the first sentence.
    (c) Sanctions Against Foreign States With Respect to Chemical or 
Biological Programs.--The Chemical and Biological Weapons Control and 
Warfare Elimination Act of 1991 (22 U.S.C. 5601 et seq.) is amended by 
inserting after section 507 the following:

``SEC. 507A. SANCTIONS AGAINST FOREIGN STATES WITH RESPECT TO CHEMICAL 
              OR BIOLOGICAL PROGRAMS.

    ``(a) Initial Sanctions.--
            ``(1) In general.--If the President makes a determination 
        pursuant to section 506(a)(3) with respect to the government of 
        a foreign state, the President shall, within 30 days of making 
        such determination, impose the sanctions described in paragraph 
        (2) with respect to the foreign state.
            ``(2) Sanctions described.--The sanctions described in this 
        paragraph are the following:
                    ``(A) The United States Government shall suspend 
                all scientific cooperative programs and efforts with 
                the government of the foreign state.
                    ``(B) The President shall prohibit the export to 
                the foreign state of any goods, services or technology 
                under Category 1 and Category 2 of the Commerce Control 
                List.
                    ``(C) The United States Government may not procure, 
                or enter into any contract for the procurement of, any 
                goods or services from any person operating in the 
                chemical or biological sectors of the foreign state.
    ``(b) Intermediate Application of Sanctions.--
            ``(1) Determination.--Not later than 120 days after making 
        a determination pursuant to section 506(a)(3) with respect to a 
        government of a foreign state, the President shall submit to 
        the appropriate congressional committees a determination as to 
        whether--
                    ``(A) such government has adequately addressed an 
                act or acts of gross negligence with respect to a 
                chemical or biological program owned, controlled, or 
                directed by, or subject to the jurisdiction of the 
                government of a foreign state;
                    ``(B) such government has developed or is 
                developing necessary measures to prevent any future act 
                or acts of gross negligence;
                    ``(C) such government is providing or otherwise 
                voluntarily disclosing substantive information to the 
                United States and relevant international organizations; 
                and
                    ``(D) such government is compliant with its 
                obligations under the Biological and Toxin Weapons 
                Convention or the Convention on the Prohibition of the 
                Development, Production, Stockpiling and Use of 
                Chemical Weapons and on their Destruction, as 
                applicable.
            ``(2) Effect of determination.--If the President is unable 
        to certify that a government of a foreign state has taken the 
        actions described in subparagraphs (A), (B), (C), and (D) of 
        paragraph (1), the President shall impose 2 or more of the 
        sanctions described in paragraph (3) with respect to the 
        government of the foreign state.
            ``(3) Sanctions described.--The sanctions described in this 
        paragraph are the following:
                    ``(A) The United States Government shall terminate 
                assistance to the government of the foreign state under 
                the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
                seq.), except for urgent humanitarian assistance and 
                food or other agricultural commodities or products.
                    ``(B) No sales of any defense articles, defense 
                services, or design and construction services under the 
                Arms Export Control Act (22 U.S.C. 2751 et seq.) may be 
                made to the government of the foreign state.
                    ``(C) No licenses for export of any item on the 
                United States Munitions List that include the 
                government of the foreign state as a party to the 
                license may be granted.
                    ``(D) No exports of any goods or technologies 
                controlled for national security reasons under the 
                Export Administration Regulations may be made to the 
                government of the foreign state, except that such 
                prohibition shall not apply to any transaction subject 
                to the reporting requirements of title V of the 
                National Security Act of 1947 (50 U.S.C. 413 et seq.; 
                relating to congressional oversight of intelligence 
                activities).
                    ``(E) The President may order the United States 
                Government not to issue any specific license and not to 
                grant any other specific permission or authority to 
                export any goods or technology to the government of the 
                foreign state under--
                            ``(i) the Export Control Reform Act of 2018 
                        (50 U.S.C. 4801 et seq.);
                            ``(ii) the Arms Export Control Act (22 
                        U.S.C. 2751 et seq.);
                            ``(iii) the Atomic Energy Act of 1954 (42 
                        U.S.C. 2011 et seq.); or
                            ``(iv) any other statute that requires the 
                        prior review and approval of the United States 
                        Government as a condition for the export or 
                        reexport of goods or services.
    ``(c) Final Application of Sanctions.--
            ``(1) Determination.--Not later than 210 days after making 
        a determination pursuant to section 506(a)(3) with respect to a 
        government of a foreign state, the President shall submit to 
        the appropriate congressional committees a determination as to 
        whether the government of the foreign state has taken the 
        actions described in subparagraphs (A), (B), (C), and (D) of 
        subsection (b)(1).
            ``(2) Effect of determination.--If the President is unable 
        to certify that a government of a foreign state has taken the 
        actions described in subparagraphs (A), (B), (C), and (D) of 
        subsection (b)(1), the President shall impose the sanctions 
        described in paragraph (3) with respect to the government of 
        the foreign state.
            ``(3) Sanctions.--The sanctions described in this paragraph 
        are the following:
                    ``(A) The President shall, pursuant to such 
                regulations as the President may prescribe, prohibit 
                any transactions in foreign exchange that are subject 
                to the jurisdiction of the United States and in which 
                the government of the foreign state has any interest.
                    ``(B) The President shall, pursuant to such 
                regulations as the President may prescribe, prohibit 
                any transfers of credit or payments between one or more 
                financial institutions or by, through, or to any 
                financial institution, to the extent that such 
                transfers or payments are subject to the jurisdiction 
                of the United States and involve any interest of the 
                government of the foreign state.
    ``(d) Removal of Sanctions.--The President shall remove the 
sanctions imposed with respect to the government of a foreign state 
pursuant to this section if the President determines and so certifies 
to the Congress, after the end of the 12-month period beginning on the 
date on which sanctions were initially imposed on that government of a 
foreign state pursuant to subsection (a), that--
            ``(1) such government has adequately addressed an act or 
        acts of gross negligence with respect to a chemical or 
        biological program owned, controlled, or directed by, or 
        subject to the jurisdiction of the government of a foreign 
        state;
            ``(2) such government has developed or is developing 
        necessary measures to prevent any future act or acts of gross 
        negligence;
            ``(3) such government is providing or otherwise voluntarily 
        disclosing substantive information to the United States and 
        relevant international organizations;
            ``(4) such government is compliant with its obligations 
        under the Biological and Toxin Weapons Convention or Convention 
        on the Prohibition of the Development, Production, Stockpiling 
        and Use of Chemical Weapons and on their Destruction, as 
        applicable; and
            ``(5) such government is making restitution to those 
        affected by an act or acts of gross negligence with respect to 
        a chemical or biological program owned, controlled, or directed 
        by, or subject to the jurisdiction of the government of a 
        foreign state, including United States persons.
    ``(e) Waiver.--
            ``(1) In general.--The President may, for periods not to 
        exceed 180 days, waive the imposition of sanctions under this 
        section if the President certifies to the appropriate 
        congressional committees that such waiver is vital to the 
        national security interests of the United States.
            ``(2) Sunset.--The President may not exercise the authority 
        described in paragraph (1) beginning on the date that is 4 
        years after the date of enactment of this section.
    ``(f) Appropriate Congressional Committees Defined.--In this 
section, the term `appropriate congressional committees' means--
            ``(1) the Committee on Foreign Affairs and the Committee on 
        Financial Services of the House of Representatives; and
            ``(2) the Committee on Foreign Relations and the Committee 
        on Banking, Housing, and Urban Affairs of the Senate.''.

SEC. 225. DETERMINATION REGARDING THE PEOPLE'S REPUBLIC OF CHINA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President shall determine whether reasonable 
grounds exist for concluding that the Government of the People's 
Republic of China meets the criteria for engaging in an act or acts of 
gross negligence with respect to a chemical or biological program 
owned, controlled, or directed by, or subject to the jurisdiction of 
that government under section 506(a)(3) of the Chemical and Biological 
Weapons Control and Warfare Elimination Act of 1991, as amended by 
section 3 of this Act.
    (b) Report Required.--
            (1) In general.--Not later than 30 days after making a 
        determination under subsection (a), the President shall submit 
        to the appropriate congressional committees a report that 
        includes the reasons for the determination.
            (2) Form.--A report required by paragraph (1) shall be 
        submitted in unclassified form but may include a classified 
        annex.

SEC. 226. REGULATORY AUTHORITY.

    (a) In General.--The President shall, not later than 180 days after 
the date of the enactment of this Act, prescribe regulations as 
necessary for the implementation of sections 212 and 213 of this Act 
and the amendments made by this Act.
    (b) Notification to Congress.--Not later than 10 days before the 
prescription of regulations under subsection (a), the President shall 
notify the appropriate congressional committees regarding the proposed 
regulations and the provisions of this Act and the amendments made by 
this Act that the regulations are implementing.

SEC. 227. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this Act, the term ``appropriate congressional committees'' 
means--
            (1) the Committee on Foreign Affairs and the Committee on 
        Financial Services of the House of Representatives; and
            (2) the Committee on Foreign Relations and the Committee on 
        Banking, Housing, and Urban Affairs of the Senate.

SEC. 228. LIMITATION ON RESEARCH BY THE NATIONAL SCIENCE FOUNDATION AND 
              NATIONAL INSTITUTES OF HEALTH.

    Notwithstanding any other provision of law, none of the activities 
authorized for the National Science Foundation and National Institutes 
of Health may include, conduct, or support any research--
            (1) using fetal tissue obtained from an induced abortion or 
        any derivatives thereof,
            (2) in which a human embryo is created or destroyed, 
        discarded, or put at risk of injury,
            (3) in which an embryo-like entity is created wholly or in 
        part from human cells or components,
            (4) in which a human embryo is intentionally created or 
        modified to include a heritable genetic modification, or
            (5) using any stem cell the derivation of which would be 
        inconsistent with the standards established herein.

SEC. 229. PROHIBITION ON CERTAIN HUMAN-ANIMAL CHIMERAS.

    Part I of title 18, United States Code, is amended by inserting 
after chapter 51 the following:

    ``CHAPTER 52--CERTAIN TYPES OF HUMAN-ANIMAL CHIMERAS PROHIBITED

``Sec.
``1131. Definitions.
``1132. Prohibition on certain human-animal chimeras.
``Sec. 1131. Definitions
    ``In this chapter the following definitions apply:
            ``(1) Prohibited human-animal chimera.--The term 
        `prohibited human-animal chimera' means--
                    ``(A) a human embryo into which a nonhuman cell or 
                cells (or the component parts thereof) have been 
                introduced to render the embryo's membership in the 
                species Homo sapiens uncertain;
                    ``(B) a human-animal embryo produced by fertilizing 
                a human egg with nonhuman sperm;
                    ``(C) a human-animal embryo produced by fertilizing 
                a nonhuman egg with human sperm;
                    ``(D) an embryo produced by introducing a nonhuman 
                nucleus into a human egg;
                    ``(E) an embryo produced by introducing a human 
                nucleus into a nonhuman egg;
                    ``(F) an embryo containing at least haploid sets of 
                chromosomes from both a human and a nonhuman life form;
                    ``(G) a nonhuman life form engineered such that 
                human gametes develop within the body of a nonhuman 
                life form;
                    ``(H) a nonhuman life form engineered such that it 
                contains a human brain or a brain derived wholly or 
                predominantly from human neural tissues;
                    ``(I) a nonhuman life form engineered such that it 
                exhibits human facial features or other bodily 
                morphologies to resemble human features; or
                    ``(J) an embryo produced by mixing human and 
                nonhuman cells, such that--
                            ``(i) human gametes develop within the body 
                        of the resultant organism;
                            ``(ii) it contains a human brain or a brain 
                        derived wholly or predominantly from human 
                        neural tissues; or
                            ``(iii) it exhibits human facial features 
                        or other bodily morphologies to resemble human 
                        features.
            ``(2) Human embryo.--The term `human embryo' means an 
        organism of the species Homo sapiens during the earliest stages 
        of development, from 1 cell up to 8 weeks.
``Sec. 1132. Prohibition on certain human-animal chimeras
    ``(a) In General.--It shall be unlawful for any person to 
knowingly, in or otherwise affecting interstate commerce--
            ``(1) create or attempt to create a prohibited human-animal 
        chimera;
            ``(2) transfer or attempt to transfer a human embryo into a 
        nonhuman womb;
            ``(3) transfer or attempt to transfer a nonhuman embryo 
        into a human womb; or
            ``(4) transport or receive for any purpose a prohibited 
        human-animal chimera.
    ``(b) Penalties.--
            ``(1) In general.--Whoever violates subsection (a) shall be 
        fined under this title, imprisoned not more than 10 years, or 
        both.
            ``(2) Civil penalty.--Whoever violates subsection (a) and 
        derives pecuniary gain from such violation shall be subject to 
        a civil fine of the greater of $1,000,000 and an amount equal 
        to the amount of the gross gain multiplied by 2.
    ``(c) Rule of Construction.--This section does not prohibit 
research involving the use of transgenic animal models containing human 
genes or transplantation of human organs, tissues, or cells into 
recipient animals, if such activities are not prohibited under 
subsection (a).''.

SEC. 230. TECHNICAL AMENDMENT.

    The table of chapters for part I of title 18, United States Code, 
is amended by inserting after the item relating to chapter 51 the 
following:

``52.  Certain Types of Human-Animal Chimeras Prohibited....    1131''.

SEC. 231. REPEALING CERTAIN EXEMPTIONS FROM REGISTRATION UNDER FOREIGN 
              AGENTS REGISTRATION ACT OF 1938 BY AGENTS REPRESENTING 
              CHINESE BUSINESS ORGANIZATIONS.

    (a) In General.--The Foreign Agents Registration Act of 1938, as 
amended (22 U.S.C. 611 et seq.) is amended by inserting after section 3 
the following:

``SEC. 3A. SPECIAL RULES FOR AGENTS REPRESENTING CHINESE BUSINESS 
              ORGANIZATIONS.

    ``(a) Repeal of Exemption From Registration for Persons Providing 
Private and Nonpolitical Representation of Bona Fide Trade or 
Commercial Interests.--Section 3(d)(1) shall not apply to an agent of a 
covered Chinese business organization.
    ``(b) Repeal of Exemption From Registration for Persons Filing 
Disclosure Reports Under Lobbying Disclosure Act of 1995.--
            ``(1) Repeal.--Section 3(h) shall not apply to an agent of 
        a covered Chinese business organization.
            ``(2) Timing for filing of registration statements.--In the 
        case of an agent of a covered Chinese business organization who 
        has registered under the Lobbying Disclosure Act of 1995 (2 
        U.S.C. 1601 et seq.), after the agent files the first 
        registration required under section 2(a) in connection with the 
        agent's representation of the covered Chinese business 
        organization, the agent shall file all subsequent statements, 
        information, or documents required under section 2 at the same 
        time, and in the same frequency, as the reports filed with the 
        Clerk of the House of Representatives or the Secretary of the 
        Senate (as the case may be) under section 5 of the Lobbying 
        Disclosure Act of 1995 (2 U.S.C. 1604) in connection with the 
        agent's representation of the covered Chinese business 
        organization.
    ``(c) Covered Chinese Business Organization Defined.--In this 
section, the term `covered Chinese business organization' means--
            ``(1) an entity described in section 1(b)(3) which is 
        organized under the laws of, or has its principal place of 
        business in, the People's Republic of China (including any 
        subsidiary or affiliate of such an entity), except that such 
        term does not include a subsidiary or affiliate of an entity 
        which is organized under the laws of, and has its principal 
        place of business in, a country other than the People's 
        Republic of China; or
            ``(2) an entity designated by the Attorney General as 
        subject to the extrajudicial direction of the Chinese Communist 
        Party.''.
    (b) Conforming Amendments.--
            (1) Repeal of exemption.--Section 3 of such Act (22 U.S.C. 
        613) is amended--
                    (A) in subsection (d)(1), by striking ``in 
                private'' and inserting ``except as provided in section 
                3A(a), in private''; and
                    (B) in subsection (h), by striking ``Any agent'' 
                and inserting ``Except as provided in section 3A(b), 
                any agent''.
            (2) Timing of filing of registration statements.--Section 
        2(b) of such Act (22 U.S.C. 612(b)) is amended in the first 
        sentence by striking ``six months succeeding such filing'' and 
        inserting ``six months succeeding such filing (except as 
        provided in section 3A(b)(2))''.
    (c) Effective Date.--The amendments made by this Act shall take 
effect 180 days after the date of enactment of this Act.

SEC. 232. SHORT TITLE.

    This Act may be cited as the ``Protecting America's Agricultural 
Land from Foreign Harm Act of 2023''.

SEC. 233. DEFINITIONS.

    In this Act:
            (1) Agricultural land.--
                    (A) In general.--The term ``agricultural land'' has 
                the meaning given the term in section 9 of the 
                Agricultural Foreign Investment Disclosure Act of 1978 
                (7 U.S.C. 3508).
                    (B) Inclusion.--The term ``agricultural land'' 
                includes land described in section 9(1) of the 
                Agricultural Foreign Investment Disclosure Act of 1978 
                (7 U.S.C. 3508(1)) that is used for ranching purposes.
            (2) Covered person.--
                    (A) In general.--The term ``covered person'' has 
                the meaning given the term ``person owned by, 
                controlled by, or subject to the jurisdiction or 
                direction of a foreign adversary'' in section 7.2 of 
                title 15, Code of Federal Regulations (as in effect on 
                the date of enactment of this Act), except that each 
                reference to ``foreign adversary'' in that definition 
                shall be deemed to be a reference to the Government 
                of--
                            (i) Iran;
                            (ii) North Korea;
                            (iii) the People's Republic of China; or
                            (iv) the Russian Federation.
                    (B) Exclusions.--The term ``covered person'' does 
                not include a United States citizen or an alien 
                lawfully admitted for permanent residence to the United 
                States.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (4) United states.--The term ``United States'' includes any 
        State, territory, or possession of the United States.

SEC. 234. PROHIBITION ON PURCHASE OR LEASE OF AGRICULTURAL LAND IN THE 
              UNITED STATES BY PERSONS ASSOCIATED WITH CERTAIN FOREIGN 
              GOVERNMENTS.

    (a) In General.--Notwithstanding any other provision of law, the 
President shall take such actions as may be necessary to prohibit the 
purchase or lease by covered persons of--
            (1) public agricultural land that is owned by the United 
        States and administered by the head of any Federal department 
        or agency, including the Secretary, the Secretary of the 
        Interior, and the Secretary of Defense; or
            (2) private agricultural land located in the United States.
    (b) Implementation.--The President may exercise all authorities 
provided under sections 203 and 205 of the International Emergency 
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out subsection 
(a).
    (c) Penalties.--A person that knowingly violates, attempts to 
violate, conspires to violate, or causes a violation of subsection (a) 
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 that section.
    (d) Rule of Construction.--Nothing in this section may be 
construed--
            (1) to prohibit or otherwise affect the purchase or lease 
        of public or private agricultural land described in subsection 
        (a) by any person other than a covered person;
            (2) to prohibit or otherwise affect the use of public or 
        private agricultural land described in subsection (a) that is 
        transferred to or acquired by a person other than a covered 
        person from a covered person; or
            (3) to require a covered person that owns or leases public 
        or private agricultural land described in subsection (a) as of 
        the date of enactment of this Act to sell that land.

SEC. 235. PROHIBITION ON PARTICIPATION IN DEPARTMENT OF AGRICULTURE 
              PROGRAMS BY PERSONS ASSOCIATED WITH CERTAIN FOREIGN 
              GOVERNMENTS.

    (a) In General.--Except as provided in subsection (b), 
notwithstanding any other provision of the law, the President shall 
take such actions as may be necessary to prohibit participation in 
Department of Agriculture programs by covered persons that have full or 
partial ownership of agricultural land in the United States or lease 
agricultural land in the United States.
    (b) Exclusions.--Subsection (a) shall not apply to participation in 
any program--
            (1) relating to--
                    (A) food inspection or any other food safety 
                regulatory requirements; or
                    (B) health and labor safety of individuals; or
            (2) administered by the Farm Service Agency, with respect 
        to the administration of this Act or the Agricultural Foreign 
        Investment Disclosure Act of 1978 (7 U.S.C. 3501 et seq.).
    (c) Proof of Citizenship.--To participate in a Department of 
Agriculture program described in subsection (b) (except for a program 
under this Act or the Agricultural Foreign Investment Disclosure Act of 
1978 (7 U.S.C. 3501 et seq.)), a person described in subparagraph (A) 
of section 2(2) that is a person described in subparagraph (B) of that 
section shall submit to the Secretary proof that the person is 
described in subparagraph (B) of that section.

SEC. 236. AGRICULTURAL FOREIGN INVESTMENT DISCLOSURE.

    (a) Inclusion of Security Interests and Leases in Reporting 
Requirements.--
            (1) In general.--Section 9 of the Agricultural Foreign 
        Investment Disclosure Act of 1978 (7 U.S.C. 3508) is amended--
                    (A) by redesignating paragraphs (4) through (6) as 
                paragraphs (5) through (7), respectively; and
                    (B) by inserting after paragraph (3) the following:
            ``(4) the term `interest' includes--
                    ``(A) a security interest; and
                    ``(B) a lease, without regard to the duration of 
                the lease;''.
            (2) Conforming amendment.--Section 2 of the Agricultural 
        Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501) is 
        amended by striking ``, other than a security interest,'' each 
        place it appears.
    (b) Civil Penalty.--Section 3 of the Agricultural Foreign 
Investment Disclosure Act of 1978 (7 U.S.C. 3502) is amended--
            (1) in subsection (b), by striking ``exceed 25 percent'' 
        and inserting ``be less than 15 percent, or exceed 30 
        percent,''; and
            (2) by adding at the end the following:
    ``(c) Liens.--On imposing a penalty under subsection (a), the 
Secretary shall ensure that a lien is placed on the agricultural land 
with respect to which the violation occurred, which shall be released 
only on payment of the penalty.''.
    (c) Transparency.--
            (1) In general.--Section 7 of the Agricultural Foreign 
        Investment Disclosure Act of 1978 (7 U.S.C. 3506) is amended to 
        read as follows:

``SEC. 7. PUBLIC DATA SETS.

    ``(a) In General.--Not later than 2 years after the date of 
enactment of the Consolidated Appropriations Act, 2023 (Public Law 117-
328), the Secretary shall publish in the internet database established 
under section 773 of division A of that Act human-readable and machine-
readable data sets that--
            ``(1) contain all data that the Secretary possesses 
        relating to reporting under this Act from each report submitted 
        to the Secretary under section 2; and
            ``(2) as soon as practicable, but not later than 30 days, 
        after the date of receipt of any report under section 2, shall 
        be updated with the data from that report.
    ``(b) Included Data.--The data sets established under subsection 
(a) shall include--
            ``(1) a description of--
                    ``(A) the purchase price paid for, or any other 
                consideration given for, each interest in agricultural 
                land for which a report is submitted under section 2; 
                and
                    ``(B) updated estimated values of each interest in 
                agricultural land described in subparagraph (A), as 
                that information is made available to the Secretary, 
                based on the most recently assessed value of the 
                agricultural land or another comparable method 
                determined by the Secretary; and
            ``(2) with respect to any agricultural land for which a 
        report is submitted under section 2, updated descriptions of 
        each foreign person who holds an interest in at least 1 percent 
        of the agricultural land, as that information is made available 
        to the Secretary, categorized as a majority owner or a minority 
        owner that holds an interest in the agricultural land.''.
            (2) Deadline for database establishment.--Section 773 of 
        division A of the Consolidated Appropriations Act, 2023 (Public 
        Law 117- 328), is amended, in the first proviso, by striking 
        ``3 years'' and inserting ``2 years''.
    (d) Definition of Foreign Person.--Section 9(3) of the Agricultural 
Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508(3)) is 
amended--
            (1) in subparagraph (C)(ii)(IV), by striking ``and'' at the 
        end;
            (2) in subparagraph (D), by inserting ``and'' after the 
        semicolon; and
            (3) by adding at the end the following:
                    ``(E) any person, other than an individual or a 
                government, that issues equity securities that are 
                primarily traded on a foreign securities exchange 
                within--
                            ``(i) Iran;
                            ``(ii) North Korea;
                            ``(iii) the People's Republic of China; or
                            ``(iv) the Russian Federation;''.

SEC. 237. REPORTS.

    (a) Report From the Secretary on Foreign Ownership of Agricultural 
Land in the United States.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and once every 2 years thereafter, the 
        Secretary shall submit to Congress a report describing--
                    (A) the risks and benefits, as determined by the 
                Secretary, that are associated with foreign ownership 
                or lease of agricultural land in rural areas (as 
                defined in section 520 of the Housing Act of 1949 (42 
                U.S.C. 1490));
                    (B) the intended and unintended misrepresentation 
                of foreign land ownership in the annual reports 
                prepared by the Secretary describing foreign holdings 
                of agricultural land due to inaccurate reporting of 
                foreign holdings of agricultural land;
                    (C) the specific work that the Secretary has 
                undertaken to monitor erroneous reporting required by 
                the Agricultural Foreign Investment Disclosure Act of 
                1978 (7 U.S.C. 3501 et seq.) that would result in a 
                violation or civil penalty; and
                    (D) the role of State and local government 
                authorities in tracking foreign ownership of 
                agricultural land in the United States.
            (2) Protection of information.--In carrying out paragraph 
        (1), the Secretary shall establish a plan to ensure the 
        protection of personally identifiable information.
    (b) Report From the Director of National Intelligence on Foreign 
Ownership of Agricultural Land in the United States.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and once every 2 years thereafter, the 
        Director of National Intelligence shall submit to the 
        congressional recipients described in paragraph (2) a report 
        describing--
                    (A) an analysis of foreign malign influence (as 
                defined in section 119C(e) of the National Security Act 
                of 1947 (50 U.S.C. 3059(e))) by covered persons that 
                have foreign ownership in the United States agriculture 
                industry; and
                    (B) the primary motives, as determined by the 
                Director of National Intelligence, of foreign investors 
                to acquire agricultural land.
            (2) Congressional recipients described.--The report under 
        paragraph (1) shall be submitted to--
                    (A) the Committee on Banking, Housing, and Urban 
                Affairs of the Senate;
                    (B) the Committee on Agriculture, Nutrition, and 
                Forestry of the Senate;
                    (C) the Select Committee on Intelligence of the 
                Senate;
                    (D) the Committee on Foreign Relations of the 
                Senate;
                    (E) the Committee on Financial Services of the 
                House of Representatives;
                    (F) the Committee on Agriculture of the House of 
                Representatives;
                    (G) the Permanent Select Committee on Intelligence 
                of the House of Representatives;
                    (H) the Committee on Foreign Affairs of the House 
                of Representatives;
                    (I) the majority leader of the Senate;
                    (J) the minority leader of the Senate;
                    (K) the Speaker of the House of Representatives; 
                and
                    (L) the minority leader of the House of 
                Representatives.
            (3) Classification.--The report under paragraph (1) shall 
        be submitted in an unclassified form, but may include a 
        classified annex.
    (c) Government Accountability Office Report.--Not later than 1 year 
after the date of enactment of this Act, the Comptroller General of the 
United States shall submit to Congress a report describing--
            (1) a review of resources, staffing, and expertise for 
        carrying out the Agricultural Foreign Investment Disclosure Act 
        of 1978 (7 U.S.C. 3501 et seq.), and enforcement issues 
        limiting the effectiveness of that Act; and
            (2) any recommended necessary changes to that Act.

  TITLE III--MATTERS RELATING TO MEDICAL AND NATIONAL SECURITY SUPPLY 
                                 CHAINS

SEC. 301. REPORT AND RECOMMENDATION ON BARRIERS TO DOMESTIC 
              MANUFACTURING OF MEDICAL PRODUCTS.

    (a) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Health and Human Services 
(in this section referred to as the ``Secretary''), acting through the 
Commissioner of Food and Drugs, shall submit to Congress a report on 
barriers, including regulatory inefficiencies, to domestic 
manufacturing of active pharmaceutical ingredients, finished drug 
products, and devices that are--
            (1) imported from outside of the United States; and
            (2) critical to the public health during a public health 
        emergency declared by the Secretary under section 319 of the 
        Public Health Service Act (42 U.S.C. 247(d).
    (b) Content.--Such report shall--
            (1) identify factors that limit the manufacturing of active 
        pharmaceutical ingredients, finished drug products, and devices 
        described in subsection (a); and
            (2) recommend specific strategies to overcome the 
        challenges identified under paragraph (1).
    (c) Implementation.--The Secretary may, to the extent appropriate, 
implement the strategies recommended under subsection (b)(2).
    (d) Definition.--In this section, the term ``active pharmaceutical 
ingredient'' has the meaning given to such term in section 744A of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-41).

SEC. 302 TAX INCENTIVES FOR RELOCATING MANUFACTURING TO THE UNITED 
              STATES.

    (a) Accelerated Depreciation for Nonresidential Real Property.--
Section 168 of the Internal Revenue Code of 1986 is amended by adding 
at the end the following new subsection:
    ``(n) Accelerated Depreciation for Nonresidential Real Property 
Acquired in Connection With the Relocation of Manufacturing to the 
United States.--
            ``(1) Treatment as 20-year property.--For purposes of this 
        section, qualified nonresidential real property shall be 
        treated as 20-year property.
            ``(2) Application of bonus depreciation.--For application 
        of bonus depreciation to qualified nonresidential real 
        property, see subsection (k).
            ``(3) Qualified nonresidential real property.--For purposes 
        of this subsection, the term `qualified nonresidential real 
        property' means nonresidential real property placed in service 
        in the United States by a qualified manufacturer if such 
        property is acquired by such qualified manufacturer in 
        connection with a qualified relocation of manufacturing.
            ``(4) Qualified manufacturer.--For purposes of this 
        subsection, the term `qualified manufacturer' means any person 
        engaged in the trade or business of manufacturing any tangible 
        personal property.
            ``(5) Qualified relocation of manufacturing.--For purposes 
        of this subsection--
                    ``(A) In general.--The term `qualified relocation 
                of manufacturing' means, with respect to any qualified 
                manufacturer, the relocation of the manufacturing of 
                any tangible personal property from a foreign country 
                to the United States.
                    ``(B) Relocation of property not required.--For 
                purposes of subparagraph (A), manufacturing shall not 
                fail to be treated as relocated merely because property 
                used in such manufacturing was not relocated.
                    ``(C) Relocation of not less than equivalent 
                productive capacity required.--For purposes of 
                subparagraph (A), manufacturing shall not be treated as 
                relocated unless the property manufactured in the 
                United States is substantially identical to the 
                property previously manufactured in a foreign country 
                and the increase in the units of production of such 
                property in the United States by the qualified 
                manufacturer is not less than the reduction in the 
                units of production of such property in such foreign 
                country by such qualified manufacturer.
            ``(6) Application to possessions of the united states.--For 
        purposes of this subsection, the term `United States' includes 
        any possession of the United States.''.
    (b) Exclusion of Gain on Disposition of Property in Connection With 
Qualified Relocation of Manufacturing.--
            (1) In general.--Part III of subchapter B of chapter 1 of 
        such Code is amended by inserting after section 139I the 
        following new section:

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

    ``(a) In General.--In the case of a qualified manufacturer, gross 
income shall not include gain from the sale or exchange of qualified 
relocation disposition property.
    ``(b) Qualified Relocation Disposition Property.--For purposes of 
this section, the term `qualified relocation disposition property' 
means any property which--
            ``(1) is sold or exchanged by a qualified manufacturer in 
        connection with a qualified relocation of manufacturing, and
            ``(2) was used by such qualified manufacturer in the trade 
        or business of manufacturing any tangible personal property in 
        the foreign country from which such manufacturing is being 
        relocated.
    ``(c) Other Terms.--Terms used in this section which are also used 
in subsection (n) of section 168 shall have the same meaning when used 
in this section as when used in such subsection.''.
            (2) Clerical amendment.--The table of sections for part III 
        of subchapter B of chapter 1 of such Code is amended by 
        inserting after the item relating to section 139I the following 
        new item:

``Sec. 139J. Exclusion of gain on disposition of property in connection 
                            with qualified relocation of 
                            manufacturing.''.
    (c) Effective Dates.--
            (1) Accelerated depreciation.--The amendment made by 
        subsection (a) shall apply to property placed in service after 
        the date of the enactment of this Act.
            (2) Exclusion of gain.--The amendments made by subsection 
        (b) shall apply to sales and exchanges after the date of the 
        enactment of this Act.

SEC. 303. PERMANENT FULL EXPENSING FOR QUALIFIED PROPERTY.

    (a) In General.--Paragraph (6) of section 168(k) of the Internal 
Revenue Code of 1986 is amended to read as follows:
            ``(6) Applicable percentage.--For purposes of this 
        subsection, the term `applicable percentage' means, in the case 
        of property placed in service (or, in the case of a specified 
        plant described in paragraph (5), a plant which is planted or 
        grafted) after September 27, 2017, 100 percent.''.
    (b) Conforming Amendments.--
            (1) Section 168(k) of the Internal Revenue Code of 1986 is 
        amended--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i)(V), by inserting 
                                ``and'' at the end;
                                    (II) in clause (ii), by striking 
                                ``clause (ii) of subparagraph (E), 
                                and'' and inserting ``clause (i) of 
                                subparagraph (E).''; and
                                    (III) by striking clause (iii);
                            (ii) in subparagraph (B)--
                                    (I) in clause (i)--
                                            (aa) by striking subclauses 
                                        (II) and (III); and
                                            (bb) by redesignating 
                                        subclauses (IV) through (VI) as 
                                        subclauses (II) through (IV), 
                                        respectively;
                                    (II) by striking clause (ii); and
                                    (III) by redesignating clauses 
                                (iii) and (iv) as clauses (ii) and 
                                (iii), respectively;
                            (iii) in subparagraph (C)--
                                    (I) in clause (i), by striking 
                                ``and subclauses (II) and (III) of 
                                subparagraph (B)(i)''; and
                                    (II) in clause (ii), by striking 
                                ``subparagraph (B)(iii)'' and inserting 
                                ``subparagraph (B)(ii)''; and
                            (iv) in subparagraph (E)--
                                    (I) by striking clause (i); and
                                    (II) by redesignating clauses (ii) 
                                and (iii) as clauses (i) and (ii), 
                                respectively; and
                    (B) in paragraph (5)(A), by striking ``planted 
                before January 1, 2027, or is grafted before such date 
                to a plant that has already been planted,'' and 
                inserting ``planted or grafted''.
            (2) Section 460(c)(6)(B) of such Code is amended by 
        striking ``which'' and all that follows through the period and 
        inserting ``which has a recovery period of 7 years or less.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect as if included in section 13201 of Public Law 115-97.

SEC. 304. PRINCIPAL NEGOTIATING OBJECTIVES OF THE UNITED STATES 
              RELATING TO TRADE IN COVERED PHARMACEUTICAL PRODUCTS.

    Section 102(b) of the Bipartisan Congressional Trade Priorities and 
Accountability Act of 2015 (19 U.S.C. 4201(b)) is amended by adding at 
the end the following:
            ``(23) Trade in covered pharmaceutical products.--
                    ``(A) In general.--It is the objective of the 
                United States to negotiate a plurilateral agreement 
                among trusted allies relating to trade in covered 
                pharmaceutical products to which section 103(b) will 
                apply, for which the principal negotiating objectives 
                of the United States are the following:
                            ``(i) To ensure that a party to the 
                        agreement adopts and maintains measures to 
                        eliminate the imposition or reimposition of 
                        tariffs on imports of such products, 
                        particularly in the event of a declared 
                        emergency.
                            ``(ii) To ensure that a party to the 
                        agreement--
                                    ``(I) will reduce or eliminate 
                                regulatory and other technical barriers 
                                in the pharmaceutical sector;
                                    ``(II) will promote expedited 
                                approval of facilities for the 
                                production of such products being built 
                                by business enterprises that operate 
                                one or more such facilities in the 
                                territory of the party;
                                    ``(III) will promote the use of 
                                good regulatory practices and 
                                streamlined regulatory review and 
                                approval processes for the production 
                                of such products in the territory of 
                                the party;
                                    ``(IV) will eliminate duplicated 
                                actions and other barriers to reduce 
                                the time for approvals of both 
                                facilities and such products; and
                                    ``(V) will expand transparency and 
                                cooperation with other parties and 
                                their manufacturers, working 
                                collaboratively, to ensure regulatory 
                                processes are streamlined and 
                                harmonized among other parties to the 
                                maximum extent possible.
                            ``(iii) To prohibit export restraints 
                        against parties to the agreement, particularly 
                        in the event of a declared emergency.
                            ``(iv) With respect to use of subsidies--
                                    ``(I) to encourage the coordinated 
                                provision of those types of subsidies 
                                that are classified under World Trade 
                                Organization rules as `non-prohibited', 
                                such as subsidies that are not 
                                contingent on exports or import-
                                substitution, to incentivize 
                                manufacturing of such products, 
                                including the provision of grants, 
                                loans, tax incentives, and guaranteed 
                                price and volume contracts;
                                    ``(II) to explicitly permit, among 
                                parties to the agreement, the use of 
                                production subsidies to build 
                                pharmaceutical manufacturing capacity;
                                    ``(III) to affirm that subsidies 
                                provided by parties are not intended to 
                                be used primarily for export or to 
                                distort trade;
                                    ``(IV) to affirm parties' 
                                commitments under the Antidumping 
                                Agreement and the Agreement on 
                                Subsidies and Countervailing Measures, 
                                including the recognition that 
                                `dumping, by which products of one 
                                country are introduced into the 
                                commerce of another country at less 
                                than the normal value of the products, 
                                is to be condemned if it causes or 
                                threatens material injury to an 
                                established industry in the territory 
                                of a contracting party or materially 
                                retards the establishment of a domestic 
                                industry'; and
                                    ``(V) to encourage notification and 
                                consultation among parties as they are 
                                considering pharmaceutical 
                                manufacturing subsidies to increase 
                                coordination and avoid creating 
                                conditions such as oversupply or market 
                                inefficiencies among the parties.
                            ``(v) With respect to government 
                        procurement--
                                    ``(I) to provide reciprocal access 
                                to government procurements for such 
                                products in parties to the agreement;
                                    ``(II) to increase coordination 
                                between participant countries and 
                                facilitate the involvement of 
                                participant countries' companies in 
                                bids to supply such products; and
                                    ``(III) to ensure that any 
                                participant in the agreement that is 
                                not already so designated, becomes 
                                designated for purposes of section 301 
                                of the Trade Agreements Act of 1979 (19 
                                U.S.C. 2511).
                            ``(vi) With respect to trade in services--
                                    ``(I) to obtain fair, open, and 
                                transparent access to supply chain 
                                services in the markets of parties to 
                                the agreement, such as distribution, 
                                logistics, and transportation services;
                                    ``(II) to ensure any restrictions 
                                or regulatory requirements maintained 
                                on such services are adopted and 
                                maintained in a transparent and 
                                efficient manner; and
                                    ``(III) to require parties to 
                                establish an internal process for 
                                identifying restrictions or regulatory 
                                requirements that could be waived in 
                                the event of a declared emergency.
                            ``(vii) With respect to transparency and 
                        trade facilitation--
                                    ``(I) to obtain commitments among 
                                parties to the agreement to develop 
                                mechanisms for sharing information on 
                                pharmaceutical supply chain constraints 
                                and coordinate approaches with parties 
                                to minimize risks that could lead to 
                                supply chain failures; and
                                    ``(II) to the extent they have not 
                                done so yet, to obtain commitments from 
                                parties that they will fully implement 
                                the obligations under the World Trade 
                                Organization's Agreement on Trade 
                                Facilitation prior to the date the 
                                agreement enters into force.
                            ``(viii) With respect to enforcement--
                                    ``(I) to ensure that benefits under 
                                the agreement can only be obtained by 
                                parties that are fully meeting their 
                                obligations under the agreement;
                                    ``(II) to ensure that parties will 
                                not bring a dispute under another 
                                agreement for actions that are 
                                consistent with the agreement; and
                                    ``(III) to provide a dispute 
                                settlement mechanism comparable to the 
                                dispute settlement provisions of the 
                                Agreement between the United States of 
                                America, the United Mexican States, and 
                                Canada.
                            ``(ix) To minimize the ability of parties 
                        to the agreement to undermine the effectiveness 
                        of the agreement by abusing exceptions in the 
                        agreement by including additional procedural 
                        requirements, such as notification of intent to 
                        rely on an exception at the time an 
                        inconsistent action is taken, and limiting the 
                        duration that participants may rely on an 
                        exception.
                    ``(B) Definitions.--In this paragraph:
                            ``(i) Active pharmaceutical ingredient.--
                        The term `active pharmaceutical ingredient'--
                                    ``(I) means any component that is 
                                intended to furnish pharmacological 
                                activity or other direct effect in the 
                                diagnosis, cure, mitigation, treatment, 
                                or prevention of a disease, or to 
                                affect the structure or any function of 
                                the body of a human or animal; and
                                    ``(II) does not include--
                                            ``(aa) intermediates used 
                                        in the synthesis of a drug 
                                        product; or
                                            ``(bb) components that may 
                                        undergo chemical change in the 
                                        manufacture of a drug product 
                                        and be present in a drug 
                                        product in a modified form that 
                                        is intended to furnish such 
                                        activity or effect.
                            ``(ii) Agreement on subsidies and 
                        countervailing measures.--The term `Agreement 
                        on Subsidies and Countervailing Measures' means 
                        the agreement referred to in section 101(d)(12) 
                        of the Uruguay Round Agreements Act (19 U.S.C. 
                        3511(d)(12)).
                            ``(iii) Antidumping agreement.--The term 
                        `Antidumping Agreement' means the Agreement on 
                        Implementation of Article VI of the General 
                        Agreement on Tariffs and Trade 1994 referred to 
                        in section 101(d)(7) of the Uruguay Round 
                        Agreements Act (19 U.S.C. 3511(d)(7)).
                            ``(iv) Biological product.--The term 
                        `biological product' has the meaning given to 
                        such term in section 351(i) of the Public 
                        Health Service Act (42 U.S.C. 262(i)).
                            ``(v) Covered pharmaceutical product.--The 
                        term `covered pharmaceutical product' means--
                                    ``(I) a drug (including a 
                                biological product); or
                                    ``(II) an active pharmaceutical 
                                ingredient.''.

SEC. 305. REAUTHORIZATION OF TRADE AGREEMENTS AUTHORITY.

    Section 103 of the Bipartisan Congressional Trade Priorities and 
Accountability Act of 2015 (19 U.S.C. 4202) is amended--
            (1) in subsection (a)--
                    (A) by striking ``July 1, 2018'' each place it 
                appears and inserting ``July 1, 2023''; and
                    (B) by striking ``July 1, 2021'' each place it 
                appears and inserting ``July 1, 2026'';
            (2) in subsection (b)--
                    (A) by striking ``July 1, 2018'' each place it 
                appears and inserting ``July 1, 2023''; and
                    (B) by striking ``July 1, 2021'' each place it 
                appears and inserting ``July 1, 2026''; and
            (3) in subsection (c)--
                    (A) by striking ``July 1, 2018'' each place it 
                appears and inserting ``July 1, 2023'';
                    (B) by striking ``June 30, 2018'' and inserting 
                ``June 30, 2023'';
                    (C) in paragraph (1)(B), by striking ``July 1, 
                2021'' and inserting ``July 1, 2026'';
                    (D) in paragraph (2), by striking ``April 1, 2018'' 
                and inserting ``April 1, 2023''; and
                    (E) in paragraph (3), by striking ``June 1, 2018'' 
                and inserting ``June 1, 2023''.

SEC. 306. SECURING ESSENTIAL MEDICAL MATERIALS.

    (a) Statement of Policy.--Section 2(b) of the Defense Production 
Act of 1950 (50 U.S.C. 4502) is amended--
            (1) by redesignating paragraphs (3) through (8) as 
        paragraphs (4) through (9), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) authorities under this Act should be used when 
        appropriate to ensure the availability of medical materials 
        essential to national defense, including through measures 
        designed to secure the drug supply chain, and taking into 
        consideration the importance of United States competitiveness, 
        scientific leadership and cooperation, and innovative 
        capacity;''.
    (b) Strengthening Domestic Capability.--Section 107 of the Defense 
Production Act of 1950 (50 U.S.C. 4517) is amended--
            (1) in subsection (a), by inserting ``(including medical 
        materials)'' after ``materials''; and
            (2) in subsection (b)(1), by inserting ``(including medical 
        materials such as drugs, devices, and biological products to 
        diagnose, cure, mitigate, treat, or prevent disease that are 
        essential to national defense)'' after ``essential materials''.
    (c) Strategy on Securing Supply Chains for Medical Materials.--
Title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) 
is amended by adding at the end the following:

``SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR MEDICAL MATERIALS.

    ``(a) In General.--Not later than 180 days after the date of the 
enactment of this section, the President, in consultation with the 
Secretary of Health and Human Services, the Secretary of Commerce, the 
Secretary of Homeland Security, and the Secretary of Defense, shall 
transmit a strategy to the appropriate Members of Congress that 
includes the following:
            ``(1) A detailed plan to use the authorities under this 
        title and title III, or any other provision of law, to ensure 
        the supply of medical materials (including drugs, devices, and 
        biological products (as that term is defined in section 351 of 
        the Public Health Service Act (42 U.S.C. 262)) to diagnose, 
        cure, mitigate, treat, or prevent disease) essential to 
        national defense, to the extent necessary for the purposes of 
        this Act.
            ``(2) An analysis of vulnerabilities to existing supply 
        chains for such medical materials, and recommendations to 
        address the vulnerabilities.
            ``(3) Measures to be undertaken by the President to 
        diversify such supply chains, as appropriate and as required 
        for national defense.
            ``(4) A discussion of--
                    ``(A) any significant effects resulting from the 
                plan and measures described in this subsection on the 
                production, cost, or distribution of biological 
                products (as that term is defined in section 351 of the 
                Public Health Service Act (42 U.S.C. 262)) or any other 
                devices or drugs (as defined under the Federal Food, 
                Drug, and Cosmetic Act (21 U.S.C. 301 et seq.));
                    ``(B) a timeline to ensure that essential 
                components of the supply chain for medical materials 
                are not under the exclusive control of a foreign 
                government in a manner that the President determines 
                could threaten the national defense of the United 
                States; and
                    ``(C) efforts to mitigate any risks resulting from 
                the plan and measures described in this subsection to 
                United States competitiveness, scientific leadership, 
                and innovative capacity, including efforts to cooperate 
                and proactively engage with United States allies.
    ``(b) Progress Report.--Following submission of the strategy under 
subsection (a), the President shall submit to the appropriate Members 
of Congress an annual progress report until September 30, 2025, 
evaluating the implementation of the strategy, and may include updates 
to the strategy as appropriate. The strategy and progress reports shall 
be submitted in unclassified form but may contain a classified annex.
    ``(c) Appropriate Members of Congress.--The term `appropriate 
Members of Congress' means the Speaker, majority leader, and minority 
leader of the House of Representatives, the majority leader and 
minority leader of the Senate, the Chairman and Ranking Member of the 
Committee on Financial Services of the House of Representatives, and 
the Chairman and Ranking Member of the Committee on Banking, Housing, 
and Urban Affairs of the Senate.''.

SEC. 307. INVESTMENT IN SUPPLY CHAIN SECURITY.

    (a) In General.--Section 303 of the Defense Production Act of 1950 
(50 U.S.C. 4533) is amended by adding at the end the following:
    ``(h) Investment in Supply Chain Security.--
            ``(1) In general.--In addition to other authorities in this 
        title, the President may make available to an eligible entity 
        described in paragraph (2) payments to increase the security of 
        supply chains and supply chain activities, if the President 
        certifies to Congress not less than 30 days before making such 
        a payment that the payment is critical to meet national defense 
        requirements of the United States.
            ``(2) Eligible entity.--An eligible entity described in 
        this paragraph is an entity that--
                    ``(A) is organized under the laws of the United 
                States or any jurisdiction within the United States; 
                and
                    ``(B) produces--
                            ``(i) one or more critical components;
                            ``(ii) critical technology; or
                            ``(iii) one or more products or raw 
                        materials for the security of supply chains or 
                        supply chain activities.
            ``(3) Definitions.--In this subsection, the terms `supply 
        chain' and `supply chain activities' have the meanings given 
        those terms by the President by regulation.''.
    (b) Regulations.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the President shall prescribe 
        regulations setting forth definitions for the terms ``supply 
        chain'' and ``supply chain activities'' for the purposes of 
        section 303(h) of the Defense Production Act of 1950 (50 U.S.C. 
        4533(h)), as added by subsection (a).
            (2) Scope of definitions.--The definitions required by 
        paragraph (1)--
                    (A) shall encompass--
                            (i) the organization, people, activities, 
                        information, and resources involved in the 
                        delivery and operation of a product or service 
                        used by the Government; or
                            (ii) critical infrastructure as defined in 
                        Presidential Policy Directive 21 (February 12, 
                        2013; relating to critical infrastructure 
                        security and resilience); and
                    (B) may include variations as determined necessary 
                and appropriate by the President for purposes of 
                national defense.

SEC. 308. PERMIT PROCESS FOR PROJECTS RELATING TO EXTRACTION, RECOVERY, 
              OR PROCESSING OF CRITICAL MATERIALS.

    (a) Definition of Covered Project.--Section 41001(6)(A) of the FAST 
Act (42 U.S.C. 4370(m)(6)(A)) is amended--
            (1) in clause (i)(III), by striking ``; or'' and inserting 
        a semicolon;
            (2) in clause (ii)(II), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(iii) is related to the extraction, 
                        recovery, or processing from coal, coal waste, 
                        coal processing waste, pre- or post-combustion 
                        coal byproducts, or acid mine drainage from 
                        coal mines of one of the following materials:
                                    ``(I) Critical minerals (as such 
                                term is defined in section 7002 of the 
                                Energy Act of 2020).
                                    ``(II) Rare earth elements.
                                    ``(III) Microfine carbon or carbon 
                                from coal.''.
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Secretary of the Interior shall submit to the Committees 
on Energy and Natural Resources and Commerce, Science, and 
Transportation of the Senate and the Committees on Transportation and 
Infrastructure, Natural Resources, and Energy and Commerce of the House 
of Representatives a report evaluating the timeliness of implementation 
of reforms of the permitting process required as a result of the 
amendments made by this Act on the following:
            (1) The economic and national security of the United 
        States.
            (2) Domestic production and supply of critical minerals, 
        rare earths, and microfine carbon or carbon from coal.

         TITLE IV--MATTERS RELATING TO RESEARCH AND DEVELOPMENT

SEC. 401. PERMANENT FULL EXPENSING FOR QUALIFIED PROPERTY.

    (a) In General.--Paragraph (6) of section 168(k) of the Internal 
Revenue Code of 1986 is amended to read as follows:
            ``(6) Applicable percentage.--For purposes of this 
        subsection, the term `applicable percentage' means, in the case 
        of property placed in service (or, in the case of a specified 
        plant described in paragraph (5), a plant which is planted or 
        grafted) after September 27, 2017, 100 percent.''.
    (b) Conforming Amendments.--
            (1) Section 168(k) of the Internal Revenue Code of 1986 is 
        amended--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i)(V), by inserting 
                                ``and'' at the end;
                                    (II) in clause (ii), by striking 
                                ``clause (ii) of subparagraph (E), 
                                and'' and inserting ``clause (i) of 
                                subparagraph (E).''; and
                                    (III) by striking clause (iii);
                            (ii) in subparagraph (B)--
                                    (I) in clause (i)--
                                            (aa) by striking subclauses 
                                        (II) and (III); and
                                            (bb) by redesignating 
                                        subclauses (IV) through (VI) as 
                                        subclauses (II) through (IV), 
                                        respectively;
                                    (II) by striking clause (ii); and
                                    (III) by redesignating clauses 
                                (iii) and (iv) as clauses (ii) and 
                                (iii), respectively;
                            (iii) in subparagraph (C)--
                                    (I) in clause (i), by striking 
                                ``and subclauses (II) and (III) of 
                                subparagraph (B)(i)''; and
                                    (II) in clause (ii), by striking 
                                ``subparagraph (B)(iii)'' and inserting 
                                ``subparagraph (B)(ii)''; and
                            (iv) in subparagraph (E)--
                                    (I) by striking clause (i); and
                                    (II) by redesignating clauses (ii) 
                                and (iii) as clauses (i) and (ii), 
                                respectively; and
                    (B) in paragraph (5)(A), by striking ``planted 
                before January 1, 2027, or is grafted before such date 
                to a plant that has already been planted,'' and 
                inserting ``planted or grafted''.
            (2) Section 460(c)(6)(B) of such Code is amended by 
        striking ``which'' and all that follows through the period and 
        inserting ``which has a recovery period of 7 years or less.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect as if included in section 13201 of Public Law 115-97.

SEC. 402. RESEARCH AND EXPERIMENTAL EXPENDITURES.

    (a) In General.--Section 174 of the Internal Revenue Code of 1986 
is amended to read as follows:
``Sec. 174. Research and experimental expenditures
    ``(a) Treatment as Expenses.--
            ``(1) In general.--A taxpayer may treat research or 
        experimental expenditures which are paid or incurred by him 
        during the taxable year in connection with his trade or 
        business as expenses which are not chargeable to capital 
        account. The expenditures so treated shall be allowed as a 
        deduction.
            ``(2) When method may be adopted.--
                    ``(A) Without consent.--A taxpayer may, without the 
                consent of the Secretary, adopt the method provided in 
                this subsection for his first taxable year for which 
                expenditures described in paragraph (1) are paid or 
                incurred.
                    ``(B) With consent.--A taxpayer may, with the 
                consent of the Secretary, adopt at any time the method 
                provided in this subsection.
            ``(3) Scope.--The method adopted under this subsection 
        shall apply to all expenditures described in paragraph (1). The 
        method adopted shall be adhered to in computing taxable income 
        for the taxable year and for all subsequent taxable years 
        unless, with the approval of the Secretary, a change to a 
        different method is authorized with respect to part or all of 
        such expenditures.
    ``(b) Amortization of Certain Research and Experimental 
Expenditures.--
            ``(1) In general.--At the election of the taxpayer, made in 
        accordance with regulations prescribed by the Secretary, 
        research or experimental expenditures which are--
                    ``(A) paid or incurred by the taxpayer in 
                connection with his trade or business,
                    ``(B) not treated as expenses under subsection (a), 
                and
                    ``(C) chargeable to capital account but not 
                chargeable to property of a character which is subject 
                to the allowance under section 167 (relating to 
                allowance for depreciation, etc.) or section 611 
                (relating to allowance for depletion),
         may be treated as deferred expenses. In computing taxable 
        income, such deferred expenses shall be allowed as a deduction 
        ratably over such period of not less than 60 months as may be 
        selected by the taxpayer (beginning with the month in which the 
        taxpayer first realizes benefits from such expenditures). Such 
        deferred expenses are expenditures properly chargeable to 
        capital account for purposes of section 1016(a)(1) (relating to 
        adjustments to basis of property).
            ``(2) Time for and scope of election.--The election 
        provided by paragraph (1) may be made for any taxable year, but 
        only if made not later than the time prescribed by law for 
        filing the return for such taxable year (including extensions 
        thereof). The method so elected, and the period selected by the 
        taxpayer, shall be adhered to in computing taxable income for 
        the taxable year for which the election is made and for all 
        subsequent taxable years unless, with the approval of the 
        Secretary, a change to a different method (or to a different 
        period) is authorized with respect to part or all of such 
        expenditures. The election shall not apply to any expenditure 
        paid or incurred during any taxable year before the taxable 
        year for which the taxpayer makes the election.
    ``(c) Land and Other Property.--This section shall not apply to any 
expenditure for the acquisition or improvement of land, or for the 
acquisition or improvement of property to be used in connection with 
the research or experimentation and of a character which is subject to 
the allowance under section 167 (relating to allowance for 
depreciation, etc.) or section 611 (relating to allowance for 
depletion); but for purposes of this section allowances under section 
167, and allowances under section 611, shall be considered as 
expenditures.
    ``(d) Exploration Expenditures.--This section shall not apply to 
any expenditure paid or incurred for the purpose of ascertaining the 
existence, location, extent, or quality of any deposit of ore or other 
mineral (including oil and gas).
    ``(e) Only Reasonable Research Expenditures Eligible.--This section 
shall apply to a research or experimental expenditure only to the 
extent that the amount thereof is reasonable under the 
circumstances.''.
    (b) Clerical Amendment.--The table of sections for part VI of 
subchapter B of chapter 1 of such Code is amended by striking the item 
relating to section 174 and inserting the following new item:

``Sec. 174. Research and experimental expenditures.''.
    (c) Conforming Amendments.--
            (1) Section 41(d)(1)(A) of such Code is amended by striking 
        ``specified research or experimental expenditures under section 
        174'' and inserting ``expenses under section 174''.
            (2) Section 280C(c) of such Code is amended to read as 
        follows:
    ``(c) Credit for Increasing Research Activities.--
            ``(1) In general.--No deduction shall be allowed for that 
        portion of the qualified research expenses (as defined in 
        section 41(b)) or basic research expenses (as defined in 
        section 41(e)(2)) otherwise allowable as a deduction for the 
        taxable year which is equal to the amount of the credit 
        determined for such taxable year under section 41(a).
            ``(2) Similar rule where taxpayer capitalizes rather than 
        deducts expenses.--If--
                    ``(A) the amount of the credit determined for the 
                taxable year under section 41(a)(1), exceeds
                    ``(B) the amount allowable as a deduction for such 
                taxable year for qualified research expenses or basic 
                research expenses (determined without regard to 
                paragraph (1)),
         the amount chargeable to capital account for the taxable year 
        for such expenses shall be reduced by the amount of such 
        excess.
            ``(3) Election of reduced credit.--
                    ``(A) In general.--In the case of any taxable year 
                for which an election is made under this paragraph--
                            ``(i) paragraphs (1) and (2) shall not 
                        apply, and
                            ``(ii) the amount of the credit under 
                        section 41(a) shall be the amount determined 
                        under subparagraph (B).
                    ``(B) Amount of reduced credit.--The amount of 
                credit determined under this subparagraph for any 
                taxable year shall be the amount equal to the excess 
                of--
                            ``(i) the amount of credit determined under 
                        section 41(a) without regard to this paragraph, 
                        over
                            ``(ii) the product of--
                                    ``(I) the amount described in 
                                clause (i), and
                                    ``(II) the rate of tax under 
                                section 11(b).
                    ``(C) Election.--An election under this paragraph 
                for any taxable year shall be made not later than the 
                time for filing the return of tax for such year 
                (including extensions), shall be made on such return, 
                and shall be made in such manner as the Secretary may 
                prescribe. Such an election, once made, shall be 
                irrevocable.
            ``(4) Controlled groups.--Paragraph (3) of subsection (b) 
        shall apply for purposes of this subsection.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred in taxable years beginning after 
December 31, 2021.

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

    (a) Repeal.--The Executive order relating to the revocation of 
certain Executive orders concerning Federal regulation, signed on 
January 20, 2021, is hereby rescinded.
    (b) Codification of Executive Orders.--The following Executive 
orders shall have the force and effect of law:
            (1) Executive Order 13771 (82 Fed. Reg. 12866; relating to 
        reducing regulation and controlling regulatory costs).
            (2) Executive Order 13777 (82 Fed. Reg. 12285; relating to 
        enforcing the regulatory reform agenda).
            (3) Executive Order 13891 (84 Fed. Reg. 55235; relating to 
        improving agency guidance documents).
            (4) Executive Order 13892 (84 Fed. Reg. 55239; relating to 
        transparency in administrative enforcement and adjudication).
            (5) Executive Order 13893 (84 Fed. Reg. 55487; relating to 
        accountability for administrative actions).

SEC. 404. EDUCATIONAL ASSISTANCE EXCLUSION FROM GROSS INCOME INCREASED.

    (a) Section 127(b)(2) of the Internal Revenue Code of 1986 is 
amended to read as follows:
            ``(2) Maximum exclusion.--
                    ``(A) In general.--If but for this paragraph, this 
                section would exclude from gross income more than the 
                maximum amount of educational assistance furnished to 
                an individual during a calendar year, this section 
                shall apply only to the maximum amount of such 
                assistance so furnished.
                    ``(B) Maximum amount.--For purposes of subparagraph 
                (B), the term `maximum amount' means, for any calendar 
                year, an amount equal to the applicable dollar amount 
                for elective deferrals described in section 
                402(g)(1)(B) (as such amount is adjusted for inflation 
                for such calendar year).''.
    (b) Effective Date.--The amendment made by this section shall apply 
to educational assistance furnished in taxable years beginning after 
December 31, 2020.
    (a) In General.--Section 174 of the Internal Revenue Code of 1986 
is amended to read as follows:
``Sec. 174. Research and experimental expenditures
    ``(a) Treatment as Expenses.--
            ``(1) In general.--A taxpayer may treat research or 
        experimental expenditures which are paid or incurred by him 
        during the taxable year in connection with his trade or 
        business as expenses which are not chargeable to capital 
        account. The expenditures so treated shall be allowed as a 
        deduction.
            ``(2) When method may be adopted.--
                    ``(A) Without consent.--A taxpayer may, without the 
                consent of the Secretary, adopt the method provided in 
                this subsection for his first taxable year for which 
                expenditures described in paragraph (1) are paid or 
                incurred.
                    ``(B) With consent.--A taxpayer may, with the 
                consent of the Secretary, adopt at any time the method 
                provided in this subsection.
            ``(3) Scope.--The method adopted under this subsection 
        shall apply to all expenditures described in paragraph (1). The 
        method adopted shall be adhered to in computing taxable income 
        for the taxable year and for all subsequent taxable years 
        unless, with the approval of the Secretary, a change to a 
        different method is authorized with respect to part or all of 
        such expenditures.
    ``(b) Amortization of Certain Research and Experimental 
Expenditures.--
            ``(1) In general.--At the election of the taxpayer, made in 
        accordance with regulations prescribed by the Secretary, 
        research or experimental expenditures which are--
                    ``(A) paid or incurred by the taxpayer in 
                connection with his trade or business,
                    ``(B) not treated as expenses under subsection (a), 
                and
                    ``(C) chargeable to capital account but not 
                chargeable to property of a character which is subject 
                to the allowance under section 167 (relating to 
                allowance for depreciation, etc.) or section 611 
                (relating to allowance for depletion),
         may be treated as deferred expenses. In computing taxable 
        income, such deferred expenses shall be allowed as a deduction 
        ratably over such period of not less than 60 months as may be 
        selected by the taxpayer (beginning with the month in which the 
        taxpayer first realizes benefits from such expenditures). Such 
        deferred expenses are expenditures properly chargeable to 
        capital account for purposes of section 1016(a)(1) (relating to 
        adjustments to basis of property).
            ``(2) Time for and scope of election.--The election 
        provided by paragraph (1) may be made for any taxable year, but 
        only if made not later than the time prescribed by law for 
        filing the return for such taxable year (including extensions 
        thereof). The method so elected, and the period selected by the 
        taxpayer, shall be adhered to in computing taxable income for 
        the taxable year for which the election is made and for all 
        subsequent taxable years unless, with the approval of the 
        Secretary, a change to a different method (or to a different 
        period) is authorized with respect to part or all of such 
        expenditures. The election shall not apply to any expenditure 
        paid or incurred during any taxable year before the taxable 
        year for which the taxpayer makes the election.
    ``(c) Land and Other Property.--This section shall not apply to any 
expenditure for the acquisition or improvement of land, or for the 
acquisition or improvement of property to be used in connection with 
the research or experimentation and of a character which is subject to 
the allowance under section 167 (relating to allowance for 
depreciation, etc.) or section 611 (relating to allowance for 
depletion); but for purposes of this section allowances under section 
167, and allowances under section 611, shall be considered as 
expenditures.
    ``(d) Exploration Expenditures.--This section shall not apply to 
any expenditure paid or incurred for the purpose of ascertaining the 
existence, location, extent, or quality of any deposit of ore or other 
mineral (including oil and gas).
    ``(e) Only Reasonable Research Expenditures Eligible.--This section 
shall apply to a research or experimental expenditure only to the 
extent that the amount thereof is reasonable under the 
circumstances.''.
    (b) Clerical Amendment.--The table of sections for part VI of 
subchapter B of chapter 1 of such Code is amended by striking the item 
relating to section 174 and inserting the following new item:

``Sec. 174. Research and experimental expenditures.''.
    (c) Conforming Amendments.--
            (1) Section 41(d)(1)(A) of such Code is amended by striking 
        ``specified research or experimental expenditures under section 
        174'' and inserting ``expenses under section 174''.
            (2) Section 280C(c) of such Code is amended to read as 
        follows:
    ``(c) Credit for Increasing Research Activities.--
            ``(1) In general.--No deduction shall be allowed for that 
        portion of the qualified research expenses (as defined in 
        section 41(b)) or basic research expenses (as defined in 
        section 41(e)(2)) otherwise allowable as a deduction for the 
        taxable year which is equal to the amount of the credit 
        determined for such taxable year under section 41(a).
            ``(2) Similar rule where taxpayer capitalizes rather than 
        deducts expenses.--If--
                    ``(A) the amount of the credit determined for the 
                taxable year under section 41(a)(1), exceeds
                    ``(B) the amount allowable as a deduction for such 
                taxable year for qualified research expenses or basic 
                research expenses (determined without regard to 
                paragraph (1)),
         the amount chargeable to capital account for the taxable year 
        for such expenses shall be reduced by the amount of such 
        excess.
            ``(3) Election of reduced credit.--
                    ``(A) In general.--In the case of any taxable year 
                for which an election is made under this paragraph--
                            ``(i) paragraphs (1) and (2) shall not 
                        apply, and
                            ``(ii) the amount of the credit under 
                        section 41(a) shall be the amount determined 
                        under subparagraph (B).
                    ``(B) Amount of reduced credit.--The amount of 
                credit determined under this subparagraph for any 
                taxable year shall be the amount equal to the excess 
                of--
                            ``(i) the amount of credit determined under 
                        section 41(a) without regard to this paragraph, 
                        over
                            ``(ii) the product of--
                                    ``(I) the amount described in 
                                clause (i), and
                                    ``(II) the rate of tax under 
                                section 11(b).
                    ``(C) Election.--An election under this paragraph 
                for any taxable year shall be made not later than the 
                time for filing the return of tax for such year 
                (including extensions), shall be made on such return, 
                and shall be made in such manner as the Secretary may 
                prescribe. Such an election, once made, shall be 
                irrevocable.
            ``(4) Controlled groups.--Paragraph (3) of subsection (b) 
        shall apply for purposes of this subsection.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred in taxable years beginning after 
December 31, 2021.

                 TITLE V--MATTERS RELATED TO EDUCATION

  Subtitle A--Restrictions Relating to Foreign Funding of Educational 
                              Institutions

SEC. 501. RESTRICTIONS ON INSTITUTIONS PARTNERING WITH THE PEOPLE'S 
              REPUBLIC OF CHINA.

    (a) Funding Restricted.--An institution of higher education or 
other post-secondary educational institution shall not be eligible to 
receive Federal funds (except funds under title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1070 et seq.) or other Department of 
Education funds that are provided directly to students) if such 
institution:
            (1) has a contractual partnership in effect with an entity 
        that is owned or controlled, directly or indirectly, by the 
        Government of the People's Republic of China;
            (2) has a contractual partnership in effect with an entity 
        that is organized under the laws of the People's Republic of 
        China; or
            (3) employs a CCP-funded instructor.
    (b) Restoring Eligibility.--An institution ineligible to receive 
Federal funds under subsection (a) may reestablish eligibility by--
            (1) in the case of a contractual partnership with an entity 
        described in subsection (a)(1) or (a)(2):
                    (A) disclosing to the Secretary of Education all 
                contractual partnerships with the applicable entity 
                from the previous 10 years; and
                    (B) providing to the Secretary of Education 
                sufficient evidence that such partnerships have been 
                terminated; or
            (2) in the case of the employment of a CCP-funded 
        instructor as described in subsection (a)(3), by demonstrating, 
        to the satisfaction of the Secretary of Education, that the 
        institution no longer employs a CCP-funded instructor.
    (c) CCP-Funded Instructor Defined.--In this section, the term 
``CCP-funded instructor'' means a professor, teacher, or any other 
individual who--
            (1) provides instruction directly to the students of an 
        institution of higher education; and
            (2) received funds, directly or indirectly, from the 
        Chinese Communist Party while employed by such institution.
    (d) Effective Date.--The restrictions under this section shall take 
effect 180 days after the date of the enactment of this Act.

SEC. 502. LIMITING EXEMPTION FROM FOREIGN AGENT REGISTRATION 
              REQUIREMENT FOR PERSONS ENGAGING IN ACTIVITIES IN 
              FURTHERANCE OF CERTAIN PURSUITS TO ACTIVITIES NOT 
              PROMOTING POLITICAL AGENDA OF FOREIGN GOVERNMENTS.

    (a) Limitation on Exemption.--Section 3(e) of the Foreign Agents 
Registration Act of 1938 (22 U.S.C. 613(e)) is amended by striking the 
semicolon at the end and inserting the following: ``, but only if the 
activities do not promote the political agenda of a government of a 
foreign country;''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to activities carried out on or after the date of 
the enactment of this Act.

SEC. 503. REPORTING EXCHANGE VISITOR CHANGE IN FIELD OF STUDY.

    With respect to a principal nonimmigrant exchange visitor admitted 
into the United States in the J-1 classification under section 
101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(J)) in order to study, the Secretary of State shall take 
such action as may be necessary to ensure that the applicable program 
sponsor is required to use the Student and Exchange Visitor Information 
System to report any change to the nonimmigrant's primary field of 
study. In carrying out this section, the Secretary of State shall take 
into account the record keeping and reporting requirements of the 
Secretary of Homeland Security with regard to nonimmigrants admitted 
into the United States in the F-1 and M-1 classifications under 
subparagraphs (F) and (M) of section 101(a)(15) of such Act (8 U.S.C. 
1101(a)(15)).

SEC. 504. REPORTING CERTAIN RESEARCH PROGRAM PARTICIPATION.

    (a) In General.--With respect to a principal nonimmigrant admitted 
into the United States in the J-1 classification under section 
101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(J)), in the F-1 classification under section 101(a)(15)(F) 
of such Act, or in the M-1 classification under section 101(a)(15)(M) 
of such Act, the Secretary of State and the Secretary of Homeland 
Security shall take such action as may be necessary to ensure that the 
applicable program sponsor or academic or nonacademic institution is 
required to use the Student and Exchange Visitor Information System to 
report when the nonimmigrant is participating in a research program 
funded in whole or in part through a grant, contract, or other similar 
form of support provided by the Federal Government, as well as program 
identification information.
    (b) Notifications.--
            (1) Secretary.--In the case of a nonimmigrant described in 
        subsection (a), the Secretary of Homeland Security shall notify 
        the appropriate program manager at an Executive agency (as 
        defined in section 105 of title 5, United States Code) if and 
        when the Secretary obtains information that the nonimmigrant is 
        participating in a research program funded in whole or in part 
        through a grant, contract, or other similar form of support 
        provided by such agency prior to the commencement of that 
        nonimmigrant's participation and not later than 21 days after 
        authorizing such participation.
            (2) Sponsor or institution.--In the case of a nonimmigrant 
        described in subsection (a), the applicable program sponsor or 
        academic or nonacademic institution shall notify the 
        appropriate program manager at an Executive agency (as defined 
        in section 105 of title 5, United States Code) if and when the 
        sponsor or institution obtains information that the 
        nonimmigrant is participating in a research program funded in 
        whole or in part through a grant, contract, or other similar 
        form of support provided by such agency prior to the 
        commencement of that nonimmigrant's participation and not later 
        than 21 days after authorizing such participation.

SEC. 505. REVIEW AND REVOCATION OF CERTAIN NONIMMIGRANT VISAS.

    (a) In General.--The Secretary of Homeland Security shall have the 
authority to review and revoke a nonimmigrant visa granted under 
subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)) if, in consultation with the 
Attorney General, the Secretary finds that--
            (1) the visa holder has misrepresented his or her intention 
        to pursue a certain program or field of study;
            (2) following a change to the nonimmigrant's primary field 
        of study as described under section 504, that the new primary 
        field of study would have triggered a higher level of scrutiny 
        during the visa application process, and that the visa holder 
        poses a risk to the homeland security of the United States, the 
        national security of the United States, or research integrity 
        at their applicable program sponsor or institution;
            (3) the visa holder's enrollment in a research program 
        funded in whole or in part through a grant, contract, or other 
        similar form of support provided by the Federal Government 
        poses a risk to the homeland security of the United States, the 
        national security of the United States, or research integrity 
        at their applicable program sponsor or institution; or
            (4) the visa was granted to an alien who is a citizen of 
        the People's Republic of China if the Secretary of State 
        determines that the alien seeks to enter the United States to 
        participate in graduate-level or post-graduate-level coursework 
        or academic research in a field of science, technology, 
        engineering, or mathematics at an institution of higher 
        education.
    (b) Notice.--Thirty days before the commencement of a review under 
subsection (a), the Secretary of Homeland Security shall provide the 
applicable program sponsor or institution with a notice containing the 
specific basis of the forthcoming review. During this 30-day period, 
the program sponsor or institution may take corrective action to 
alleviate any concerns raised by the Secretary. At the conclusion of 
the 30-day period, the Secretary shall determine whether the program 
sponsor or institution has satisfactorily addressed the concerns or a 
review remains necessary.
    (c) Administrative and Judicial Review.--
            (1) In general.--There shall be no administrative or 
        judicial review of a determination to revoke a visa under this 
        section except in accordance with this subsection.
            (2) Administrative review.--
                    (A) Single level of administrative appellate 
                review.--The Secretary of Homeland Security shall 
                establish an appellate authority to provide for a 
                single level of administrative appellate review of such 
                a determination.
                    (B) Standard for review.--Such administrative 
                appellate review shall be based solely upon the 
                administrative record established at the time of the 
                determination and upon such additional or newly 
                discovered evidence as may not have been available at 
                the time of the determination.
            (3) Judicial review.--
                    (A) Limitation to review of removal.--There shall 
                be judicial review of a determination to revoke a visa 
                under this section only in the judicial review of an 
                order of removal under section 242 of the Immigration 
                and Nationality Act (8 U.S.C. 1252).
                    (B) Standard for judicial review.--Such judicial 
                review shall be based solely upon the administrative 
                record established at the time of the review by the 
                appellate authority and the findings of fact and 
                determinations contained in such record shall be 
                conclusive unless the applicant can establish abuse of 
                discretion or that the findings are directly contrary 
                to clear and convincing facts contained in the record 
                considered as a whole.

SEC. 506. ANNUAL REPORT.

    (a) In General.--The Secretary of Homeland Security shall require 
the Academic Institutions Subcommittee of the Homeland Security 
Advisory Council of the Department of Homeland Security to provide an 
annual report to the Committee on the Judiciary, the Committee on 
Homeland Security, and the Committee on Foreign Affairs of the House of 
Representatives, and the Committee on the Judiciary, the Committee on 
Homeland Security and Governmental Affairs, and the Committee on 
Foreign Relations of the Senate, on--
            (1) the implementation and execution of any visa reviews 
        and revocations undertaken under section 506;
            (2) the number of alien students enrolled at academic or 
        nonacademic institutions in the United States, disaggregated 
        by--
                    (A) program of study;
                    (B) previous and current nationality; and
                    (C) participation in a research program (which may 
                or may not be classified) funded in whole or in part 
                through a grant, contract, or other similar form of 
                support provided by the Federal Government, 
                differentiated by agency, sub-agency, and program; and
            (3) the number of alien students who have changed their 
        field of study, including their original and subsequent field 
        of study, disaggregated by the information described in 
        subparagraphs (A), (B), and (C) of paragraph (2).
    (b) Appendix.--Each report under subsection (a) shall include an 
appendix containing any feedback provided on a voluntary basis by any 
program sponsor or institution affected by a visa review or revocation 
undertaken under section 506.

              Subtitle B--Protecting Our Universities Act

SEC. 511. SENSITIVE RESEARCH PROJECT LIST.

    (a) Sensitive Research Project List.--The Office of the Director of 
National Intelligence shall, in consultation with the National Security 
Advisor shall actively maintain a list of sensitive research projects. 
Such list shall--
            (1) be referred to as the Sensitive Research Projects List; 
        and
            (2) for each project included on the list, indicate--
                    (A) the qualified funding agency that is funding 
                the project;
                    (B) whether the project is open to student 
                participation; and
                    (C) whether the project is related to--
                            (i) an item listed on the Commerce Control 
                        List (CCL) maintained by the Department of 
                        Commerce;
                            (ii) an item listed on the United States 
                        Munitions List maintained by the Department of 
                        State; or
                            (iii) technology designated by the 
                        Secretary of Defense as having a technology 
                        readiness level of 1, 2, or 3.
    (b) Report to Congress.--Not later than one year after the date of 
enactment of this Act, and every six months thereafter, the interagency 
working group described in section 1746 of the National Defense 
Authorization Act for Fiscal Year 2020 (42 U.S.C. 6601 note) shall 
provide a report to the Committee on Education and the Workforce, the 
Committee on Armed Services, and the Permanent Select Committee on 
Intelligence of the House of Representatives, and to the Committee on 
Health, Education, Labor, and Pensions, the Committee on Armed 
Services, and the Select Committee on Intelligence of the Senate, 
regarding the threat of espionage at institutions of higher education. 
In each such briefing, the interagency working group shall identify 
actions that may be taken to reduce espionage carried out through 
student participation in sensitive research projects. The interagency 
working group shall also include in this report an assessment of 
whether the current licensing regulations relating to the International 
Traffic in Arms Regulations and the Export Administration Regulations 
are sufficient to protect the security of the projects listed on the 
Sensitive Research Project List.

SEC. 512. FOREIGN STUDENT PARTICIPATION IN SENSITIVE RESEARCH PROJECTS.

    (a) Approval of Foreign Student Participation Required.--Beginning 
on the date that is one year after the date of enactment of this Act, 
for each project on the Sensitive Research Project List that is open to 
student participation, the head of such project at the institution of 
higher education at which the project is being carried out shall ensure 
that each student participating in such project shall be required to 
provide proof of citizenship before the student is permitted to 
participate in such project. A student who is a citizen of a country 
identified in subsection (b) shall be permitted to participate in such 
a project only if--
            (1) the student applies for, and receives approval from, 
        the Director of National Intelligence to participate in such 
        project, based on a background check and any other information 
        the Director determines to be appropriate; and
            (2) in the case of such a project that is related to an 
        item or technology described in subparagraph (C) of section 
        3(c)(2), the student applies for, and receives approval from, 
        the head of the qualified funding agency, to participate in 
        such project.
    (b) List of Citizenship Requiring Approval.--Approval under 
subsection (a) shall be required for any student who is a citizen of a 
country that is one of the following:
            (1) The People's Republic of China.
            (2) The Democratic People's Republic of Korea.
            (3) The Russian Federation.
            (4) The Islamic Republic of Iran.
            (5) Any country identified by the head of the qualified 
        funding agency as requiring approval for the purposes of this 
        section.

SEC. 513. FOREIGN ENTITIES.

    (a) List of Foreign Entities That Pose an Intelligence Threat.--Not 
later than one year after the date of the enactment of this Act, the 
Director of National Intelligence shall identify foreign entities, 
including governments, corporations, non-profit and for-profit 
organizations, and any subsidiary or affiliate of such an entity, that 
the Director determines pose a threat of espionage with respect to 
sensitive research projects, and shall develop and maintain a list of 
such entities. The Director may add or remove entities from such list 
at any time. The initial list developed by the Director shall include 
the following entities (including any subsidiary or affiliate):
            (1) Huawei Technologies Company.
            (2) ZTE Corporation.
            (3) Hytera Communications Corporation.
            (4) Hangzhou Hikvision Digital Technology Company.
            (5) Dahua Technology Company.
            (6) Kaspersky Lab.
            (7) Any entity that is owned or controlled by, or otherwise 
        has demonstrated financial ties to, the government of a country 
        identified under section 4(b).
    (b) Notice to Institutions of Higher Education.--The Director of 
National Intelligence shall make the initial list required under 
subsection (a), and any changes to such list, available to the 
Secretary of Education, the interagency working group, and the head of 
each qualified funding agency as soon as practicable. The Secretary of 
Education shall provide such initial list and subsequent amendments to 
each institution of higher education at which a project on the 
Sensitive Research Project List is being carried out.
    (c) Prohibition on Use of Certain Technologies.--Beginning on the 
date that is one year after the date of the enactment of this Act, the 
head of each sensitive research project shall, as a condition of 
receipt of funds from a qualified funding agency, provide an assurance 
to such qualified funding agency that, beginning on the date that is 
two years after the date of the enactment of this Act, any technology 
developed by an entity included on the list maintained under subsection 
(a) shall not be utilized in carrying out the sensitive research 
project.

SEC. 514. ENFORCEMENT.

    The head of each qualified funding agency shall take such steps as 
may be necessary to enforce the provisions of sections 510 and 511 of 
this Act. Upon determination that the head of a sensitive research 
project has failed to meet the requirements of either section 510 or 
section 511, the head of a qualified funding agency may determine the 
appropriate enforcement action, including--
            (1) imposing a probationary period, not to exceed 6 months, 
        on the head of such project, or on the project;
            (2) reducing or otherwise limiting the funding for such 
        project until the violation has been remedied;
            (3) permanently cancelling the funding for such project; or
            (4) any other action the head of the qualified funding 
        agency determines to be appropriate.

SEC. 515. DEFINITIONS.

    In this subtitle:
            (1) Citizen of a country.--The term ``citizen of a 
        country'', with respect to a student, includes all countries in 
        which the student has held or holds citizenship or holds 
        permanent residency.
            (2) Institution of higher education.--The term 
        ``institution of higher education'' means an institution 
        described in section 102 of the Higher Education Act of 1965 
        (20 U.S.C. 1002) that receives Federal funds in any amount and 
        for any purpose.
            (3) Intelligence community.--The term ``intelligence 
        community'' has the meaning given that term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).
            (4) Qualified funding agency.--The term ``qualified funding 
        agency'', with respect to a sensitive research project, means--
                    (A) the Department of Defense, if the sensitive 
                research project is funded in whole or in part by the 
                Department of Defense;
                    (B) the Department of Energy, if the sensitive 
                research project is funded in whole or in part by the 
                Department of Energy; or
                    (C) an element of the intelligence community, if 
                the sensitive research project is funded in whole or in 
                part by the element of the intelligence community.
            (5) Sensitive research project.--The term ``sensitive 
        research project'' means a research project at an institution 
        of higher education that is funded by a qualified funding 
        agency, except that such term shall not include any research 
        project that is classified or that requires the participants in 
        such project to obtain a security clearance.
            (6) Student participation.--The term ``student 
        participation'' shall not include student activity in--
                    (A) a research project that is required for 
                completion of a course in which the student is enrolled 
                at an institution of higher education; or
                    (B) a research project for which the student is 
                conducting unpaid research.

SEC. 516. DISCLOSURE OF FOREIGN GIFTS.

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

``SEC. 117. DISCLOSURES OF FOREIGN GIFTS.

    ``(a) Disclosure Reports.--
            ``(1) Aggregate gifts and contract disclosures.--An 
        institution shall file a disclosure report in accordance with 
        subsection (b)(1) with the Secretary on July 31 of the calendar 
        year immediately following any calendar year in which--
                    ``(A) the institution receives a gift from, or 
                enters into a contract with, a foreign source (other 
                than a foreign country of concern or foreign entity of 
                concern)--
                            ``(i) the value of which is $50,000 or 
                        more, considered alone or in combination with 
                        all other gifts from, or contracts with, that 
                        foreign source within the calendar year; or
                            ``(ii) the value of which is undetermined; 
                        or
                    ``(B) the institution receives a gift from a 
                foreign country of concern or foreign entity of 
                concern, or, upon receiving a waiver under section 117A 
                to enter into a contract with such a country or entity, 
                enters into such contract, without regard to the value 
                of such gift or contract.
            ``(2) Foreign source ownership or control disclosures.--In 
        the case of an institution that is substantially controlled (as 
        described in section 668.174(c)(3) of title 34, Code of Federal 
        Regulations) (or successor regulations) by a foreign source, 
        the institution shall file a disclosure report in accordance 
        with subsection (b)(2) with the Secretary on July 31 of each 
        year.
            ``(3) Treatment of affiliated entities.--For purposes of 
        this section, any gift to, or contract with, an affiliated 
        entity of an institution shall be considered a gift to or 
        contract with, respectively, such institution.
    ``(b) Contents of Report.--
            ``(1) Gifts and contracts.--Each report to the Secretary 
        required under subsection (a)(1) shall contain the following:
                    ``(A) With respect to a gift received from, or a 
                contract entered into with, any foreign source--
                            ``(i) the terms of such gift or contract, 
                        including--
                                    ``(I) the name of the individual, 
                                department, or benefactor at the 
                                institution receiving the gift or 
                                carrying out the contract;
                                    ``(II) the intended purpose of such 
                                gift or contract, as provided to the 
                                institution by such foreign source, or 
                                if no such purpose is provided by such 
                                foreign source, the intended use of 
                                such gift or contract, as provided by 
                                the institution; and
                                    ``(III) in the case of a restricted 
                                or conditional gift or contract, a 
                                description of the restrictions or 
                                conditions of such gift or contract;
                            ``(ii) with respect to a gift--
                                    ``(I) the total fair market dollar 
                                amount or dollar value of the gift, as 
                                of the date of submission of such 
                                report; and;
                                    ``(II) the date on which the 
                                institution received such gift;
                            ``(iii) with respect to a contract--
                                    ``(I) the date on which such 
                                contract commences;
                                    ``(II) as applicable, the date on 
                                which such contract terminates; and
                                    ``(III) an assurance that the 
                                institution will--
                                            ``(aa) maintain an 
                                        unredacted copy of the contract 
                                        until the latest of--

                                                    ``(AA) the date 
                                                that is 5 years after 
                                                the date on which the 
                                                contract commences;

                                                    ``(BB) the date on 
                                                which the contract 
                                                terminates; or

                                                    ``(CC) the last day 
                                                of any period that 
                                                applicable State law 
                                                requires a copy of such 
                                                contract to be 
                                                maintained; and

                                            ``(bb) upon request of the 
                                        Secretary during an 
                                        investigation under subsection 
                                        section 117D(a)(1), produce 
                                        such an unredacted copy of the 
                                        contract; and
                            ``(iv) an assurance that in a case in which 
                        information is required to be disclosed under 
                        this section with respect to a gift or contract 
                        that is not in English, such information is 
                        translated into English in compliance with the 
                        requirements of subsection (c)(1).
                    ``(B) With respect to a gift received from, or a 
                contract entered into with, a foreign source that is a 
                foreign government (other than the government of a 
                foreign country of concern)--
                            ``(i) the name of such foreign government;
                            ``(ii) the department, agency, office, or 
                        division of such foreign government that 
                        approved such gift or contract, as applicable; 
                        and
                            ``(iii) the physical mailing address of 
                        such department, agency, office, or division.
                    ``(C) With respect to a gift received from, or 
                contract entered into with, a foreign source (other 
                than a foreign government subject to the requirements 
                of subparagraph (B))--
                            ``(i) the legal name of the foreign source, 
                        or, if such name is not available, a statement 
                        certified by the compliance officer in 
                        accordance with subsection (f)(2) that the 
                        institution has reasonably attempted to obtain 
                        such name;
                            ``(ii) in the case of a foreign source that 
                        is a natural person, the country of citizenship 
                        of such person, or, if such country is not 
                        known, the principal country of residence of 
                        such person;
                            ``(iii) in the case of a foreign source 
                        that is a legal entity, the country in which 
                        such entity is incorporated, or if such 
                        information is not available, the principal 
                        place of business of such entity;
                            ``(iv) the physical mailing address of such 
                        foreign source, or if such address is not 
                        available, a statement certified by the 
                        compliance officer in accordance with 
                        subsection (f)(2) that the institution has 
                        reasonably attempted to obtain such address; 
                        and
                            ``(v) any affiliation of the foreign source 
                        to an organization that is designated as a 
                        foreign terrorist organization pursuant to 
                        section 219 of the Immigration and Nationality 
                        Act (8 U.S.C. 1189).
                    ``(D) With respect to a contract entered into with 
                a foreign source that is a foreign country of concern 
                or a foreign entity of concern--
                            ``(i) a complete and unredacted text of the 
                        original contract, and if such original 
                        contract is not in English, a translated copy 
                        of the text into English;
                            ``(ii) a copy of the waiver received under 
                        section 117A for such contract; and
                            ``(iii) the statement submitted by the 
                        institution for purposes of receiving such a 
                        waiver under section 117A(b)(1).
            ``(2) Foreign source ownership or control.--Each report to 
        the Secretary required under subsection (a)(2) shall contain--
                    ``(A) the legal name and address of the foreign 
                source that owns or controls the institution;
                    ``(B) the date on which the foreign source assumed 
                ownership or control; and
                    ``(C) any changes in program or structure resulting 
                from the change in ownership or control.
    ``(c) Translation Requirements.--Any information required to be 
disclosed under this section with respect to a gift or contract that is 
not in English shall be translated, for purposes of such disclosure, by 
a person that is not an affiliated entity or agent of the foreign 
source involved with such gift or contract.
    ``(d) Public Inspection.--
            ``(1) Database requirement.--Beginning not later than 60 
        days before the July 31 immediately following the date of the 
        enactment of the DETERRENT Act, the Secretary shall--
                    ``(A) establish and maintain a searchable database 
                on a website of the Department, under which all reports 
                submitted under this section (including any report 
                submitted under this section before the date of the 
                enactment of the DETERRENT Act)--
                            ``(i) are made publicly available (in 
                        electronic and downloadable format), including 
                        any information provided in such reports (other 
                        than the information prohibited from being 
                        publicly disclosed pursuant to paragraph (2));
                            ``(ii) can be individually identified and 
                        compared; and
                            ``(iii) are searchable and sortable by--
                                    ``(I) the date the institution 
                                filed such report;
                                    ``(II) the date on which the 
                                institution received the gift, or 
                                entered into the contract, which is the 
                                subject of the report;
                                    ``(III) the attributable country of 
                                such gift or contract; and
                                    ``(IV) the name of the foreign 
                                source (other than a foreign source 
                                that is a natural person);
                    ``(B) not later than 30 days after receipt of a 
                disclosure report under this section, include such 
                report in such database;
                    ``(C) indicate, as part of the public record of a 
                report included in such database, whether the report is 
                with respect to a gift received from, or a contract 
                entered into with--
                            ``(i) a foreign source that is a foreign 
                        government; or
                            ``(ii) a foreign source that is not a 
                        foreign government; and
                    ``(D) with respect to a disclosure report that does 
                not include the name or address of a foreign source, 
                indicate, as part of the public record of such report 
                included in such database, that such report did not 
                include such information.
            ``(2) Name and address of foreign source.--The Secretary 
        shall not disclose the name or address of a foreign source that 
        is a natural person (other than the attributable country of 
        such foreign source) included in a disclosure report--
                    ``(A) as part of the public record of such 
                disclosure report described in paragraph (1); or
                    ``(B) in response to a request under section 552 of 
                title 5, United States Code (commonly known as the 
                `Freedom of Information Act'), pursuant to subsection 
                (b)(3) of such section.
    ``(e) Interagency Information Sharing.--Not later than 30 days 
after receiving a disclosure report from an institution in compliance 
with this section, the Secretary shall transmit an unredacted copy of 
such report (that includes the name and address of a foreign source 
disclosed in such report) to the Director of the Federal Bureau of 
Investigation, the Director of National Intelligence, the Director of 
the Central Intelligence Agency, the Secretary of State, the Secretary 
of Defense, the Attorney General, the Secretary of Commerce, the 
Secretary of Homeland Security, the Secretary of Energy, the Director 
of the National Science Foundation, and the Director of the National 
Institutes of Health.
    ``(f) Compliance Officer.--Any institution that is required to file 
a disclosure report under subsection (a) shall designate, before the 
filing deadline for such report, and maintain a compliance officer, who 
shall--
            ``(1) be a current employee or legally authorized agent of 
        such institution; and
            ``(2) be responsible, on behalf of the institution, for 
        personally certifying accurate compliance with the foreign gift 
        reporting requirement under this section.
    ``(g) Definitions.--In this section:
            ``(1) Affiliated entity.--The term `affiliated entity', 
        when used with respect to an institution, means an entity or 
        organization that operates primarily for the benefit of, or 
        under the auspices of, such institution, including a foundation 
        of the institution or a related entity (such as any 
        educational, cultural, or language entity).
            ``(2) Attributable country.--The term `attributable 
        country' means--
                    ``(A) the country of citizenship of a foreign 
                source who is a natural person, or, if such country is 
                unknown, the principal residence (as applicable) of 
                such foreign source; or
                    ``(B) the country of incorporation of a foreign 
                source that is a legal entity, or, if such country is 
                unknown, the principal place of business (as 
                applicable) of such foreign source.
            ``(3) Contract.--The term `contract'--
                    ``(A) means--
                            ``(i) any agreement for the acquisition by 
                        purchase, lease, or barter of property or 
                        services by the foreign source;
                            ``(ii) any affiliation, agreement, or 
                        similar transaction with a foreign source that 
                        involves the use or exchange of an 
                        institution's name, likeness, time, services, 
                        or resources; and
                            ``(iii) any agreement for the acquisition 
                        by purchase, lease, or barter, of property or 
                        services from a foreign source (other than an 
                        arms-length agreement for such acquisition from 
                        a foreign source that is not a foreign country 
                        of concern or a foreign entity of concern); and
                    ``(B) does not include an agreement made between an 
                institution and a foreign source regarding any payment 
                of one or more elements of a student's cost of 
                attendance (as such term is defined in section 472), 
                unless such an agreement is made for more than 15 
                students or is made under a restricted or conditional 
                contract.
            ``(4) Foreign source.--The term `foreign source' means--
                    ``(A) a foreign government, including an agency of 
                a foreign government;
                    ``(B) a legal entity, governmental or otherwise, 
                created under the laws of a foreign state or states;
                    ``(C) a legal entity, governmental or otherwise, 
                substantially controlled (as described in section 
                668.174(c)(3) of title 34, Code of Federal Regulations) 
                (or successor regulations) by a foreign source;
                    ``(D) a natural person who is not a citizen or a 
                national of the United States or a trust territory or 
                protectorate thereof;
                    ``(E) an agent of a foreign source, including--
                            ``(i) a subsidiary or affiliate of a 
                        foreign legal entity, acting on behalf of a 
                        foreign source;
                            ``(ii) a person that operates primarily for 
                        the benefit of, or under the auspices of, a 
                        foreign source, including a foundation or a 
                        related entity (such as any educational, 
                        cultural, or language entity); and
                            ``(iii) a person who is an agent of a 
                        foreign principal (as such term is defined in 
                        section 1 of the Foreign Agents Registration 
                        Act of 1938 (22 U.S.C. 611)); and
                    ``(F) an international organization (as such term 
                is defined in the International Organizations 
                Immunities Act (22 U.S.C. 288)).
            ``(5) Gift.--The term `gift'--
                    ``(A) means any gift of money, property, resources, 
                staff, or services; and
                    ``(B) does not include--
                            ``(i) any payment of one or more elements 
                        of a student's cost of attendance (as such term 
                        is defined in section 472) to an institution 
                        by, or scholarship from, a foreign source who 
                        is a natural person, acting in their individual 
                        capacity and not as an agent for, at the 
                        request or direction of, or on behalf of, any 
                        person or entity (except the student), made for 
                        not more than 15 students, and that is not made 
                        under a restricted or conditional contract with 
                        such foreign source;
                            ``(ii) assignment or license of registered 
                        industrial and intellectual property rights, 
                        such as patents, utility models, trademarks, or 
                        copyrights, or technical assistance, that are 
                        not associated with a category listed in the 
                        Commerce Control List maintained by the Bureau 
                        of Industry and Security of the Department of 
                        Commerce and set forth in Supplement No. 1 to 
                        part 774 of title 15, Code of Federal 
                        Regulations; or
                            ``(iii) decorations (as such term is 
                        defined in section 7342(a) of title 5, United 
                        States Code).
            ``(6) Restricted or conditional gift or contract.--The term 
        `restricted or conditional gift or contract' means any 
        endowment, gift, grant, contract, award, present, or property 
        of any kind which includes provisions regarding--
                    ``(A) the employment, assignment, or termination of 
                faculty;
                    ``(B) the establishment of departments, centers, 
                institutes, instructional programs, research or lecture 
                programs, or new faculty positions;
                    ``(C) the selection, admission, or education of 
                students;
                    ``(D) the award of grants, loans, scholarships, 
                fellowships, or other forms of financial aid restricted 
                to students of a specified country, religion, sex, 
                ethnic origin, or political opinion; or
                    ``(E) any other restriction on the use of a gift or 
                contract.''.
    (b) Prohibition on Contracts With Certain Foreign Entities and 
Countries.--Part B of title I of the Higher Education Act of 1965 (20 
U.S.C. 1011 et seq.) is amended by inserting after section 117 the 
following:

``SEC. 117A. PROHIBITION ON CONTRACTS WITH CERTAIN FOREIGN ENTITIES AND 
              COUNTRIES.

    ``(a) In General.--An institution shall not enter into a contract 
with a foreign country of concern or a foreign entity of concern.
    ``(b) Waivers.--
            ``(1) Submission.--
                    ``(A) First waiver requests.--
                            ``(i) In general.--An institution that 
                        desires to enter into a contract with a foreign 
                        entity of concern or a foreign country of 
                        concern may submit to the Secretary, not later 
                        than 120 days before the institution enters 
                        into such a contract, a request to waive the 
                        prohibition under subsection (a) with respect 
                        to such contract.
                            ``(ii) Contents of waiver request.--A 
                        waiver request submitted by an institution 
                        under clause (i) shall include--
                                    ``(I) the complete and unredacted 
                                text of the proposed contract for which 
                                the waiver is being requested, and if 
                                such original contract is not in 
                                English, a translated copy of the text 
                                into English (in a manner that complies 
                                with section 117(c)); and
                                    ``(II) a statement that--
                                            ``(aa) is signed by the 
                                        compliance officer of the 
                                        institution designated in 
                                        accordance with section 117(f); 
                                        and
                                            ``(bb) includes information 
                                        that demonstrates that such 
                                        contract is for the benefit of 
                                        the institution's mission and 
                                        students and will promote the 
                                        security, stability, and 
                                        economic vitality of the United 
                                        States.
                    ``(B) Renewal waiver requests.--
                            ``(i) In general.--An institution that has 
                        entered into a contract pursuant to a waiver 
                        issued under this section, the term of which is 
                        longer than the 1-year waiver period and the 
                        terms and conditions of which remain the same 
                        as the proposed contract submitted as part of 
                        the request for such waiver may submit, not 
                        later than 120 days before the expiration of 
                        such waiver period, a request for a renewal of 
                        such waiver for an additional 1-year period 
                        (which shall include any information requested 
                        by the Secretary).
                            ``(ii) Termination.--If the institution 
                        fails to submit a request under clause (i) or 
                        is not granted a renewal under such clause, 
                        such institution shall terminate such contract 
                        on the last day of the original 1-year waiver 
                        period.
            ``(2) Waiver issuance.--The Secretary--
                    ``(A) not later than 60 days before an institution 
                enters into a contract pursuant to a waiver request 
                under paragraph (1)(A), or before a contract described 
                in paragraph (1)(B)(i) is renewed pursuant to a renewal 
                request under such paragraph, shall notify the 
                institution--
                            ``(i) if the waiver or renewal will be 
                        issued by the Secretary; and
                            ``(ii) in a case in which the waiver or 
                        renewal will be issued, the date on which the 
                        1-year waiver period starts; and
                    ``(B) may only issue a waiver under this section to 
                an institution if the Secretary determines, in 
                consultation with the heads of each agency and 
                department listed in section 117(e), that the contract 
                for which the waiver is being requested is for the 
                benefit of the institution's mission and students and 
                will promote the security, stability, and economic 
                vitality of the United States.
            ``(3) Disclosure.--Not less than 2 weeks prior to issuing a 
        waiver under paragraph (2), the Secretary shall notify--
                    ``(A) the Committee on Education and the Workforce 
                of the House of Representatives; and
                    ``(B) the Committee on Health, Education, Labor, 
                and Pensions of the Senate,
         of the intent to issue the waiver, including a justification 
        for the waiver.
            ``(4) Application of waivers.--A waiver issued under this 
        section to an institution with respect to a contract shall 
        only--
                    ``(A) waive the prohibition under subsection (a) 
                for a 1-year period; and
                    ``(B) apply to the terms and conditions of the 
                proposed contract submitted as part of the request for 
                such waiver.
    ``(c) Designation During Contract Term.--In the case of an 
institution that enters into a contract with a foreign source that is 
not a foreign country of concern or a foreign entity of concern but 
which, during the term of such contract, is designated as a foreign 
country of concern or foreign entity of concern, such institution shall 
terminate such contract not later than 60 days after the Secretary 
notifies the institution of such designation.
    ``(d) Contracts Prior to Date of Enactment.--
            ``(1) In general.--In the case of an institution that has 
        entered into a contract with a foreign country of concern or 
        foreign entity of concern prior to the date of the enactment of 
        the DETERRENT Act--
                    ``(A) the institution shall immediately submit to 
                the Secretary a waiver request in accordance with 
                subsection (b)(1)(A)(ii); and
                    ``(B) the Secretary shall, upon receipt of the 
                request submitted under paragraph (1), immediately 
                issue a waiver to the institution for a period 
                beginning on the date on which the waiver is issued and 
                ending on the sooner of--
                            ``(i) the date that is 1 year after the 
                        date of the enactment of the DETERRENT Act; or
                            ``(ii) the date on which the contract 
                        terminates.
            ``(2) Renewal.--An institution that has entered into a 
        contract described in paragraph (1), the term of which is 
        longer than the waiver period described in subparagraph (B) of 
        such paragraph and the terms and conditions of which remain the 
        same as the contract submitted as part of the request required 
        under subparagraph (A) of such paragraph, may submit a request 
        for renewal of the waiver issued under such paragraph in 
        accordance with subsection (b)(1)(B).
    ``(e) Contract Defined.--The term `contract' has the meaning given 
such term in section 117(g).''.
    (c) Interagency Information Sharing.--Not later than 90 days after 
the date of enactment of this Act, the Secretary of Education shall 
transmit to the heads of each agency and department listed in section 
117(e) of the Higher Education Act of 1965, as amended by this 
section--
            (1) any report received by the Department of Education 
        under section 117 of the Higher Education Act of 1965 (20 
        U.S.C. 1011f) prior to the date of the enactment of this Act; 
        and
            (2) any report, document, or other record generated by the 
        Department of Education in the course of an investigation--
                    (A) of an institution with respect to the 
                compliance of such institution with such section; and
                    (B) initiated prior to the date of the enactment of 
                this Act.

                       Subtitle C--Other Matters

SEC. 521. REPORT ON CHINA BENEFITTING FROM UNITED STATES TAXPAYER-
              FUNDED RESEARCH.

    (a) In General.--Not later than one year after the date of 
enactment of the Act, the Attorney General, in consultation with the 
Secretary of the Treasury, the Secretary of Commerce, the Secretary of 
State, and the Director of National Intelligence, shall submit to the 
Committee on the Judiciary of the House of Representatives and the 
Committee on the Judiciary of the Senate a report on the extent to 
which China has benefitted from United States taxpayer-funded research.
    (b) Elements.--The report under subsection (a) shall include the 
following:
            (1) The extent to which United States taxpayer-funded 
        research has benefitted China, including a list of United 
        States Government-funded entities, such as research 
        institutions, laboratories, and institutions of higher 
        education, which have hired Chinese nationals or allowed 
        Chinese nationals to conduct research, including an estimate in 
        the number of nationals hired or involved in research projects.
            (2) A list of United States Government programs, grants, 
        and other forms of research funding in the fields of science, 
        technology, engineering, and math (STEM) fields that have 
        directly or indirectly cooperated or affiliated with research 
        institutions in China or Chinese Communist Party entities.
            (3) The extent to which China's funding of United States 
        taxpayer-funded research institutions has benefitted China.
            (4) How the Government of China and the Chinese Communist 
        Party have used United States taxpayer-funded research, 
        including as part of China's efforts to support ``civil-
        military fusion'' and human rights abuses.
    (c) Definition.--In this section, the term ``United States 
taypayer-funded research'' means research--
            (1) funded by a grant from the Federal Government or a 
        State government; or
            (2) conducted at an institution that receives funding from 
        the Federal Government or a State government.

SEC. 522. CONDITIONS ON FEDERAL RESEARCH GRANTS.

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

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

    (a) In General.--Notwithstanding any other provision of law, the 
head of each Federal agency shall ensure that any institution of higher 
education, laboratory, or research institute receiving Federal 
assistance agrees, as a condition of such assistance, to not knowingly 
employ any individual who is a participant in a foreign talent 
recruitment program of the People's Republic of China.
    (b) Program Participation Agreements.--Section 487(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the 
end the following:
            ``(30) The institution will not knowingly employ any 
        individual who is a participant in a foreign talent recruitment 
        program of the People's Republic of China listed by the 
        Secretary of State in accordance with section 7 of the SECURE 
        CAMPUS Act of 2021.''.

SEC. 524. REGISTRATION OF PARTICIPANTS IN FOREIGN TALENT RECRUITMENT 
              PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA AS AGENTS OF 
              THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA.

    Notwithstanding section 3 of the Foreign Agents Registration Act of 
1938 (22 U.S.C. 613), any individual in the United States who is 
associated with a foreign talent recruitment program of the People's 
Republic of China, either as a recruiter or as a recruit--
            (1) shall be deemed to be an agent of a foreign principal 
        (as defined in section 1(c) of such Act (22 U.S.C. 611(c))); 
        and
            (2) shall comply with the registration requirements set 
        forth in section 2 of such Act (22 U.S.C. 612) not later than 
        30 days after the later of--
                    (A) the date of the enactment of this Act; or
                    (B) the date on which the individual entered the 
                United States.

SEC. 525. ECONOMIC ESPIONAGE.

    Section 1839(1) of title 18, United States Code, is amended--
            (1) by inserting ``education, research,'' after 
        ``commercial,''; and
            (2) by inserting ``or otherwise incorporated or 
        substantially located in or composed of citizens of countries 
        subject to compulsory political or governmental representation 
        within corporate leadership'' after ``foreign government''.

SEC. 526. DEPARTMENT OF STATE LIST OF FOREIGN TALENT RECRUITMENT 
              PROGRAMS OF THE PEOPLE'S REPUBLIC OF CHINA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State, in consultation with the 
Attorney General, the Secretary of Defense, and the Director of 
National Intelligence, shall compile and publish in the Federal 
Register a list of foreign talent recruitment programs of the People's 
Republic of China.
    (b) Annual Review and Revision.--Not less frequently than annually, 
the Secretary of State shall--
            (1) review and revise the list compiled under subsection 
        (a); and
            (2) publish the revised list in the Federal Register.

SEC. 527. DEFINITIONS.

    For purposes of sections 521 through 526:
            (1) Foreign talent recruitment program of the people's 
        republic of china.--The term ``foreign talent recruitment 
        program of the People's Republic of China'' means any effort 
        organized, managed, funded, or otherwise controlled by the 
        Government of the People's Republic of China or the Chinese 
        Communist Party to employ, contract, or otherwise compensate 1 
        or more individuals to conduct research, development, testing, 
        or any other science or technology activity for the direct or 
        indirect benefit of the People's Republic of China.
            (2) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).

SEC. 528. DISCLOSURE ON CERTAIN VISA APPLICATIONS.

    (a) Disclosure Requirement for F and M Visas.--Not later than 180 
days after the date of the enactment of this Act, the Secretary of 
Homeland Security shall update Form I-20, or a successor form with 
respect to eligibility for nonimmigrant student status, to require an 
alien submitting such form to report--
            (1) whether the alien has received or plans to receive 
        certain funds;
            (2) the amount of any certain funds received by the alien; 
        and
            (3) a description of the entity providing any certain funds 
        to the alien.
    (b) Disclosure Requirement for J Visas.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of State 
shall update Form DS- 2019, or a successor form with respect to 
eligibility for a exchange visitor status, to require an alien 
submitting such form to report--
            (1) whether the alien has received or plans to receive 
        certain funds;
            (2) the amount of any certain funds received by the alien; 
        and
            (3) a description of the entity providing any certain funds 
        to the alien.
    (c) Updated Disclosure Requirement.--
            (1) In general.--An alien who receives certain funds after 
        receiving a visa under subparagraph (F), (J), or (M) of section 
        101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)) shall report to the Secretary of Homeland Security 
        and the Secretary of State the receipt of such funds not more 
        than 90 days after the date on which such funds are received.
            (2) Provisional revocation based on failure to comply with 
        disclosure requirement.--An alien who receives certain funds 
        and does not report such receipt pursuant to paragraph (1) is 
        subject to revocation of any visa or other entry documentation 
        regardless of when the visa or other entry documentation was 
        issued.
    (d) Disclosure for Alien Spouse and Minor Children.--The disclosure 
requirements under subsections (a) through (c) shall apply to an alien 
spouse or any minor children applying for or receiving a visa under 
subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)).
    (e) Applicability.--Not later than 180 days after the date of the 
enactment of this Act, an alien, alien spouse, or any minor children 
who have a valid visa under subparagraph (F), (J), or (M) of section 
101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)) on the date of the enactment of this Act, shall report to 
the Secretary of Homeland Security--
            (1) whether such alien has received or plans to receive 
        certain funds;
            (2) the amount of any certain funds received by the alien; 
        and
            (3) a description of the entity providing any certain funds 
        to the alien.
    (f) Certain Funds Defined.--In this section, the term ``certain 
funds'' includes any amount of money provided to an alien from--
            (1) the Government of the People's Republic of China;
            (2) the Chinese Communist Party; or
            (3) any entity owned or controlled by the Government of the 
        People's Republic of China or the Chinese Communist Party.

SEC. 529. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED 
              STATES OF CERTAIN FOREIGN GIFTS TO AND CONTRACTS WITH 
              INSTITUTIONS OF HIGHER EDUCATION.

    (a) Amendments to Defense Production Act of 1950.--
            (1) Definition of covered transaction.--Subsection (a)(4) 
        of section 721 of the Defense Production Act of 1950 (50 U.S.C. 
        4565) is amended--
                    (A) in subparagraph (A)--
                            (i) in clause (i), by striking ``; and'' 
                        and inserting a semicolon;
                            (ii) in clause (ii), by striking the period 
                        at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(iii) any transaction described in 
                        subparagraph (B)(vi) proposed or pending after 
                        the date of the enactment of the China 
                        Strategic Competition Act of 2021.'';
                    (B) in subparagraph (B), by adding at the end the 
                following:
                            ``(vi) Any gift to an institution of higher 
                        education from a foreign person, or the entry 
                        into a contract by such an institution with a 
                        foreign person, if--
                                    ``(I)(aa) the value of the gift or 
                                contract equals or exceeds $1,000,000; 
                                or
                                    ``(bb) the institution receives, 
                                directly or indirectly, more than one 
                                gift from or enters into more than one 
                                contract, directly or indirectly, with 
                                the same foreign person for the same 
                                purpose the aggregate value of which, 
                                during the period of 2 consecutive 
                                calendar years, equals or exceeds 
                                $1,000,000; and
                                    ``(II) the gift or contract--
                                            ``(aa) relates to research, 
                                        development, or production of 
                                        critical technologies and 
                                        provides the foreign person 
                                        potential access to any 
                                        material nonpublic technical 
                                        information (as defined in 
                                        subparagraph (D)(ii)) in the 
                                        possession of the institution; 
                                        or
                                            ``(bb) is a restricted or 
                                        conditional gift or contract 
                                        (as defined in section 117(h) 
                                        of the Higher Education Act of 
                                        (20 U.S.C. 1011f(h))) that 
                                        establishes control. and''; and
                    (C) by adding at the end the following:
                    ``(G) Foreign gifts to and contracts with 
                institutions of higher education.--For purposes of 
                subparagraph (B)(vi):
                            ``(i) Contract.--The term `contract' means 
                        any agreement for the acquisition by purchase, 
                        lease, or barter of property or services by a 
                        foreign person, for the direct benefit or use 
                        of either of the parties.
                            ``(ii) Gift.--The term `gift' means any 
                        gift of money or property.
                            ``(iii) Institution of higher education.--
                        The term `institution of higher education' 
                        means any institution, public or private, or, 
                        if a multicampus institution, any single campus 
                        of such institution, in any State--
                                    ``(I) that is legally authorized 
                                within such State to provide a program 
                                of education beyond secondary school;
                                    ``(II) that provides a program for 
                                which the institution awards a 
                                bachelor's degree (or provides not less 
                                than a 2-year program which is 
                                acceptable for full credit toward such 
                                a degree) or a more advanced degree;
                                    ``(III) that is accredited by a 
                                nationally recognized accrediting 
                                agency or association; and
                                    ``(IV) to which the Federal 
                                Government extends Federal financial 
                                assistance (directly or indirectly 
                                through another entity or person), or 
                                that receives support from the 
                                extension of Federal financial 
                                assistance to any of the institution's 
                                subunits.''.
            (2) Mandatory declarations.--Subsection 
        (b)(1)(C)(v)(IV)(aa) of such section is amended by adding at 
        the end the following: ``Such regulations shall require a 
        declaration under this subclause with respect to a covered 
        transaction described in subsection (a)(4)(B)(vi)(II)(aa).''.
            (3) Factors to be considered.--Subsection (f) of such 
        section is amended--
                    (A) in paragraph (10), by striking ``; and'' and 
                inserting a semicolon;
                    (B) by redesignating paragraph (11) as paragraph 
                (12); and
                    (C) by inserting after paragraph (10) the 
                following:
            ``(11) as appropriate, and particularly with respect to 
        covered transactions described in subsection (a)(4)(B)(vi), the 
        importance of academic freedom at institutions of higher 
        education in the United States; and''.
            (4) Membership of cfius.--Subsection (k) of such section is 
        amended--
                    (A) in paragraph (2)--
                            (i) by redesignating subparagraphs (H), 
                        (I), and (J) as subparagraphs (I), (J), and 
                        (K), respectively; and
                            (ii) by inserting after subparagraph (G) 
                        the following:
                    ``(H) In the case of a covered transaction 
                involving an institution of higher education (as 
                defined in subsection (a)(4)(G)), the Secretary of 
                Education.''; and
                    (B) by adding at the end the following:
            ``(8) Inclusion of other agencies on committee.--In 
        considering including on the Committee under paragraph (2)(K) 
        the heads of other executive departments, agencies, or offices, 
        the President shall give due consideration to the heads of 
        relevant research and science agencies, departments, and 
        offices, including the Secretary of Health and Human Services, 
        the Director of the National Institutes of Health, and the 
        Director of the National Science Foundation.''.
            (5) Contents of annual report relating to critical 
        technologies.--Subsection (m)(3) of such section is amended--
                    (A) in subparagraph (B), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(D) an evaluation of whether there are foreign 
                malign influence or espionage activities directed or 
                directly assisted by foreign governments against 
                institutions of higher education (as defined in 
                subsection (a)(4)(G)) aimed at obtaining research and 
                development methods or secrets related to critical 
                technologies; and
                    ``(E) an evaluation of, and recommendation for any 
                changes to, reviews conducted under this section that 
                relate to institutions of higher education, based on an 
                analysis of disclosure reports submitted to the 
                chairperson under section 117(a) of the Higher 
                Education Act of 1965 (20 U.S.C. 1011f(a)).''.
    (b) Effective Date; Applicability.--The amendments made by 
subsection (a) shall--
            (1) take effect on the date of the enactment of this Act, 
        subject to the requirements of subsections (d) and (e); and
            (2) apply with respect to any covered transaction the 
        review or investigation of which is initiated under section 721 
        of the Defense Production Act of 1950 on or after the date that 
        is 30 days after the publication in the Federal Register of the 
        notice required under subsection (e)(2).
    (c) Regulations.--
            (1) In general.--The Committee on Foreign Investment in the 
        United States (in this section referred to as the 
        ``Committee''), which shall include the Secretary of Education 
        for purposes of this subsection, shall prescribe regulations as 
        necessary and appropriate to implement the amendments made by 
        subsection (a).
            (2) Elements.--The regulations prescribed under paragraph 
        (1) shall include--
                    (A) regulations accounting for the burden on 
                institutions of higher education likely to result from 
                compliance with the amendments made by subsection (a), 
                including structuring penalties and filing fees to 
                reduce such burdens, shortening timelines for reviews 
                and investigations, allowing for simplified and 
                streamlined declaration and notice requirements, and 
                implementing any procedures necessary to protect 
                academic freedom; and
                    (B) guidance with respect to--
                            (i) which gifts and contracts described in 
                        clause (vi)(II)(aa) of subsection (a)(4)(B) of 
                        section 721 of the Defense Production Act of 
                        1950, as added by subsection (a)(1), would be 
                        subject to filing mandatory declarations under 
                        subsection (b)(1)(C)(v)(IV) of that section; 
                        and
                            (ii) the meaning of ``control'', as defined 
                        in subsection (a) of that section, as that term 
                        applies to covered transactions described in 
                        clause (vi) of paragraph (4)(B) of that 
                        section, as added by subsection (a)(1).
            (3) Issuance of final rule.--The Committee shall issue a 
        final rule to carry out the amendments made by subsection (a) 
        after assessing the findings of the pilot program required by 
        subsection (e).
    (d) Pilot Program.--
            (1) In general.--Beginning on the date that is 30 days 
        after the publication in the Federal Register of the matter 
        required by paragraph (2) and ending on the date that is 570 
        days thereafter, the Committee shall conduct a pilot program to 
        assess methods for implementing the review of covered 
        transactions described in clause (vi) of section 721(a)(4)(B) 
        of the Defense Production Act of 1950, as added by subsection 
        (a)(1).
            (2) Proposed determination.--Not later than 270 days after 
        the date of the enactment of this Act, the Committee shall, in 
        consultation with the Secretary of Education, publish in the 
        Federal Register--
                    (A) a proposed determination of the scope of and 
                procedures for the pilot program required by paragraph 
                (1);
                    (B) an assessment of the burden on institutions of 
                higher education likely to result from compliance with 
                the pilot program;
                    (C) recommendations for addressing any such 
                burdens, including shortening timelines for reviews and 
                investigations, structuring penalties and filing fees, 
                and simplifying and streamlining declaration and notice 
                requirements to reduce such burdens; and
                    (D) any procedures necessary to ensure that the 
                pilot program does not infringe upon academic freedom.
            (3) Report on findings.--Upon conclusion of the pilot 
        program required by paragraph (1), the Committee shall submit 
        to Congress a report on the findings of that pilot program that 
        includes--
                    (A) a summary of the reviews conducted by the 
                Committee under the pilot program and the outcome of 
                such reviews;
                    (B) an assessment of any additional resources 
                required by the Committee to carry out this section or 
                the amendments made by subsection (a);
                    (C) findings regarding the additional burden on 
                institutions of higher education likely to result from 
                compliance with the amendments made by subsection (a) 
                and any additional recommended steps to reduce those 
                burdens; and
                    (D) any recommendations for Congress to consider 
                regarding the scope or procedures described in this 
                section or the amendments made by subsection (a).

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

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

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

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

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

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

SEC. 531. PUBLIC DATABASE.

    There is established an interagency group, which shall be led by 
the Director of National Intelligence, to be responsible for creating 
and maintaining a public database assisting United States persons, 
including companies, universities, and individuals, in conducting due 
diligence on potential business or academic partners in China. Such 
database should contain information enabling users to identify the 
manner and extent to which the military, United Front Work Department, 
intelligence agencies, or security agencies of the Government of the 
People's Republic of China may be linked to Chinese companies, 
investment firms, other financial institutions, research institutes, 
and universities.

SEC. 532. DUMP INVESTMENTS IN TROUBLESOME COMMUNIST HOLDINGS.

    (a) Short Title.--This section may be cited as the ``Dump 
Investments in Troublesome Communist Holdings Act'' or as the ``DITCH 
Act''.
    (b) Restriction on Investment in Chinese Companies by Tax-Exempt 
Entities.--
            (1) In general.--Section 501 of the Internal Revenue Code 
        of 1986 is amended by adding at the end the following new 
        subsection:
    ``(s) Restriction on Investment in Chinese Companies.--
            ``(1) In general.--An organization shall not be treated as 
        described in subsection (c) or (d) or section 401(a) for any 
        taxable year if such organization--
                    ``(A) holds any interest in a disqualified Chinese 
                company at any time during such taxable year, or
                    ``(B) fails to timely transmit the annual report 
                described in paragraph (5) for such taxable year.
            ``(2) Disqualified chinese company.--For purposes of this 
        subsection--
                    ``(A) In general.--The term `disqualified Chinese 
                company' means any corporation--
                            ``(i) that is incorporated in China, or
                            ``(ii) more than 10 percent of the stock of 
                        which (determined by vote or value) is held 
                        (directly or indirectly through any chain of 
                        ownership) by any of the following (or 
                        combination thereof):
                                    ``(I) 1 or more corporations 
                                described in clause (i).
                                    ``(II) China or any governmental 
                                agency thereof.
                                    ``(III) Provincial, regional, 
                                municipal, Special Administrative 
                                Regions, prefecture, county, township, 
                                village, or any other Chinese sub-
                                national governmental entity or agency.
                                    ``(IV) Any entity controlled 
                                (directly or indirectly) by the Chinese 
                                Communist Party or any Chinese 
                                Communist Party organ.
                                    ``(V) Any Chinese national.
                    ``(B) Application to entities other than 
                corporations.--In the case of any business organization 
                which is not a corporation, subparagraph (A) shall 
                apply to such organization in the same manner as though 
                such organization were a corporation.
                    ``(C) Application to indirect, derivative, or other 
                contractual interests, etc.--For purposes of this 
                subsection, an organization shall be treated as holding 
                an interest in a disqualified Chinese company if such 
                organization--
                            ``(i) holds such interest (or any 
                        instrument described in subparagraph (A)) 
                        directly or indirectly through any chain of 
                        ownership, or
                            ``(ii) holds any derivative financial 
                        instrument or other contractual arrangement 
                        with respect to such interest or company 
                        (including any financial instrument or other 
                        contract which seeks to replicate any financial 
                        return with respect to such interest or such 
                        company).
                    ``(D) Publication of list by secretary.--The 
                Secretary shall, not later than 120 days after the date 
                of the enactment of this subsection, establish a 
                process for the periodic publishing of a list of 
                certified pooled investments, including exchange traded 
                funds and mutual funds, that do not have exposure to 
                disqualified Chinese companies.
            ``(3) Waivers.--
                    ``(A) In general.--Paragraph (1) shall not apply 
                with respect to any interest in a disqualified Chinese 
                company held by any organization during any taxable 
                year if the Secretary issues a waiver to such 
                organization with respect to such interest for such 
                taxable year under this paragraph. Any waiver issued 
                under this paragraph shall be subject to renewal or 
                expiration on a biannual basis.
                    ``(B) Waiver process.--
                            ``(i) Application.--Not later than 60 days 
                        after the date of the enactment of this 
                        subsection, the Secretary shall establish a 
                        process under which an organization may submit 
                        a written application for a waiver under this 
                        paragraph. Such application shall be made 
                        publicly available and shall include the 
                        following:
                                    ``(I) An explanation of the need 
                                for such waiver and the reasons that 
                                the need for such waiver outweigh the 
                                threat posed to the United States by 
                                China and the lack of separation 
                                between China and the disqualified 
                                Chinese company involved.
                                    ``(II) The type (including sector 
                                of the economy), amount, and duration 
                                of the investment in the disqualified 
                                Chinese company.
                                    ``(III) The relationship between 
                                the disqualified Chinese company and 
                                China.
                                    ``(IV) The extenuating 
                                circumstances justifying the 
                                applicant's need to invest in the 
                                disqualified Chinese company.
                            ``(ii) Response.--The Secretary shall 
                        provide a written response to each completed 
                        application under clause (i) not later than 60 
                        days after receipt of such application. Such 
                        written response shall be made publicly 
                        available and shall include the following:
                                    ``(I) A statement of whether the 
                                waiver has been provided or withheld.
                                    ``(II) The reasons for providing or 
                                withholding the waiver.
                                    ``(III) The identification of any 
                                future investments with respect to 
                                which such waiver applies.
                                    ``(IV) The date on which such 
                                waiver expires (which may not be later 
                                than the earlier of the termination of 
                                the extenuating circumstances referred 
                                to in clause (i)(IV) or the end of the 
                                biannual period referred to in 
                                subparagraph (A)).
                    ``(C) Standards for determining if waiver is 
                provided.--The Secretary may provide a waiver under 
                this paragraph only if the Secretary independently 
                determines that--
                            ``(i) the need for such waiver, and the 
                        reasons for the need for such waiver, outweigh 
                        the threat posed to the United States by China 
                        and the lack of separation between China and 
                        the disqualified Chinese company involved, and
                            ``(ii) extenuating circumstances justify 
                        the applicant's need to invest in the 
                        disqualified Chinese company.
                 For purposes of this subparagraph, the Secretary shall 
                not consider the past or future financial returns of 
                any investment in any disqualified Chinese company, or 
                any other justification based on the applicant's own 
                financial needs, as an extenuating circumstance 
                justifying such an investment.
                    ``(D) Publication of waivers provided.--With 
                respect to each calendar quarter, the Secretary shall 
                publish and make publicly available a list of the 
                waivers provided by the Secretary under this paragraph 
                during such quarter.
            ``(4) China.--For purposes of this section, the term 
        `China' means the People's Republic of China and includes any 
        subordinate Special Administrative Regions thereof.
            ``(5) Annual report.--Each organization described in 
        paragraph (1) with respect to each taxable year shall, not 
        later than the due date for the return of tax for such taxable 
        year, transmit to the Secretary a written report including--
                    ``(A) a description of each interest in a 
                disqualified Chinese company held by such organization 
                during such taxable year,
                    ``(B) the period during which such interest was so 
                held, and
                    ``(C) whether such organization has a waiver under 
                paragraph (3) to hold such interest during such 
                period.''.
            (2) Effective date.--
                    (A) In general.--The amendment made by this section 
                shall apply to taxable years ending after the date of 
                the enactment of this Act, except that only periods 
                after the date that is 270 days after the date of the 
                enactment of this Act shall be taken into account in 
                determining whether the requirement of section 501(s) 
                of the Internal Revenue Code of 1986 (as added by 
                paragraph (1)) is met with respect to any taxable year.
                    (B) 1-year grace period under certain 
                circumstances.--In the case of organization that, after 
                intensive due diligence, is unaware of the failure to 
                satisfy the requirement of such section 501(s), 
                subparagraph (A) shall be applied by substituting ``1 
                year'' for ``270 days''.
            (3) Public report.--Not later than 360 days after the date 
        of the enactment of this Act, and annually thereafter, the 
        Secretary of the Treasury (or the Secretary's delegate) shall 
        publicly release a report describing the patterns of United 
        States outbound investment in China, including such investment 
        by organizations described in section 501(s)(1) of the Internal 
        Revenue Code of 1986 (as added by paragraph (1)). Such report 
        shall detail the sectoral breakdown of such investments.

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

SEC. 601. SUPPORTING A FREE AND DEMOCRATIC CHINA.

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

SEC. 602. AMERICAN INSTITUTE IN TAIWAN.

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

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

    (a) Finding.--Congress finds that the efforts by the Government of 
the People's Republic of China (PRC) and the Chinese Communist Party to 
compel private United States businesses, corporations, and 
nongovernmental entities to use PRC-mandated language to describe the 
relationship between Taiwan and China are an intolerable attempt to 
enforce political censorship globally and should be considered an 
attack on the fundamental underpinnings of all democratic and free 
societies, including the constitutionally protected right to freedom of 
speech.
    (b) Sense of Congress.--It is the sense of Congress that the United 
States Government, in coordination with United States businesses and 
nongovernmental entities, should formulate a code of conduct for 
interacting with the Government of the People's Republic of China and 
the Chinese Communist Party and affiliated entities, the aim of which 
is--
            (1) to counter PRC sharp power operations, which threaten 
        free speech, academic freedom, and the normal operations of 
        United States businesses and nongovernmental entities; and
            (2) to counter PRC efforts to censor the way the world 
        refers to issues deemed sensitive to the Government of the 
        People's Republic of China and Chinese Communist Party leaders, 
        including issues related to Taiwan, Tibet, the Tiananmen Square 
        Massacre, and the mass internment of Uyghurs and other Turkic 
        Muslims, among many other issues.
    (c) Prohibition on Recognition of PRC Claims to Sovereignty Over 
Taiwan.--
            (1) Sense of congress.--It is the sense of Congress that--
                    (A) issues related to the sovereignty of Taiwan are 
                for the people of Taiwan to decide through the 
                democratic process they have established;
                    (B) the dispute between the People's Republic of 
                China and Taiwan must be resolved peacefully and with 
                the assent of the people of Taiwan;
                    (C) the primary obstacle to peaceful resolution is 
                the authoritarian nature of the PRC political system 
                under one-party rule of the Chinese Communist Party, 
                which is fundamentally incompatible with Taiwan's 
                democracy; and
                    (D) any attempt to coerce the people of Taiwan to 
                accept a political arrangement that would subject them 
                to direct or indirect rule by the PRC, including a 
                ``one country, two systems'' framework, would 
                constitute a grave challenge to United States security 
                interests in the region.
            (2) Statement of policy.--It is the policy of the United 
        States to oppose any attempt by the PRC authorities to 
        unilaterally impose a timetable or deadline for unification on 
        Taiwan.
            (3) Prohibition on recognition of prc claims without assent 
        of people of taiwan.--No department or agency of the United 
        States Government may formally or informally recognize PRC 
        claims to sovereignty over Taiwan without the assent of the 
        people of Taiwan, as expressed directly through the democratic 
        process.
            (4) Treatment of taiwan government.--
                    (A) In general.--The Department of State and other 
                United States Government agencies shall treat the 
                democratically elected government of Taiwan as the 
                legitimate representative of the people of Taiwan and 
                end the outdated practice of referring to the 
                government in Taiwan as the ``authorities''. 
                Notwithstanding the continued supporting role of the 
                American Institute in Taiwan in carrying out United 
                States foreign policy and protecting United States 
                interests in Taiwan, the United States Government shall 
                not place any restrictions on the ability of officials 
                of the Department of State and other United States 
                Government agencies from interacting directly and 
                routinely with counterparts in the Taiwan government.
    (d) Strategy To Protect United States Businesses and 
Nongovernmental Entities From Coercion.--Not later than 90 days after 
the date of the enactment of this Act, the Secretary of State, in 
consultation with the Secretary of Commerce, the Secretary of the 
Treasury, and the heads of other relevant Federal agencies, shall 
submit an unclassified report, with a classified annex if necessary, to 
protect United States businesses and nongovernmental entities from 
sharp power operations, including coercion and threats that lead to 
censorship or self-censorship, or which compel compliance with 
political or foreign policy positions of the Government of the People's 
Republic of China and the Chinese Communist Party. The strategy shall 
include the following elements:
            (1) Information on efforts by the Government of the 
        People's Republic of China to censor the websites of United 
        States airlines, hotels, and other businesses regarding the 
        relationship between Taiwan and the People's Republic of China.
            (2) Information on efforts by the Government of the 
        People's Republic of China to target United States 
        nongovernmental entities through sharp power operations 
        intended to weaken support for Taiwan.
            (3) Information on United States Government efforts to 
        counter the threats posed by Chinese state-sponsored propaganda 
        and disinformation, including information on best practices, 
        current successes, and existing barriers to responding to this 
        threat.
            (4) Details of any actions undertaken to create a code of 
        conduct pursuant to subsection (b) and a timetable for 
        implementation.

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

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

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

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

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

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

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

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

SEC. 608. LIMITATIONS ON FUNDS MADE AVAILABLE FOR THE UNITED NATIONS 
              POPULATION FUND.

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

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

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

SEC. 609. PROHIBITION ON USE OF FUNDS FOR ABORTIONS AND INVOLUNTARY 
              STERILIZATIONS.

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

SEC. 610. PROHIBITION ON CERTAIN FUNDING RELATING TO PROVISION OF AN 
              OPEN PLATFORM FOR CHINA.

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

SEC. 611. ESTABLISHMENT OF NEW MANDARIN CHINESE LANGUAGE PLATFORMS OF 
              THE UNITED STATES AGENCY FOR GLOBAL MEDIA.

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

SEC. 612. ANNUAL MEETINGS OF INTERPARLIAMENTARY GROUP BETWEEN CONGRESS 
              AND LEGISLATURE OF TAIWAN.

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

SEC. 613. PROHIBITION ON IMPORTATION OF GOODS MADE IN THE XINJIANG 
              UYGHUR AUTONOMOUS REGION.

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

SEC. 614. DESIGNATION AND REFERENCES TO TAIWAN REPRESENTATIVE OFFICE.

    (a) Statement of Policy.--It shall be the policy of the United 
States, consistent with the Taiwan Relations Act (Public Law 96-8; 22 
U.S.C. 3301 et seq.) and the Six Assurances--
            (1) to provide the people of Taiwan with de facto 
        diplomatic treatment equivalent to foreign countries, nations, 
        states, governments, or similar entities; and
            (2) to rename the ``Taipei Economic and Cultural 
        Representative Office'' in the United States as the ``Taiwan 
        Representative Office''.
    (b) Renaming.--The Secretary of State shall seek to enter into 
negotiations with the Taipei Economic and Cultural Representative 
Office to rename its office in Washington, DC, the ``Taiwan 
Representative Office''.
    (c) References.--If the negotiations under subsection (b) results 
in the renaming of the Taipei Economic and Cultural Representative 
Office as the Taiwan Representative Office, any reference in a law, 
map, regulation, document, paper, or other record of the United States 
Government to the Taipei Economic and Cultural Representative Office 
shall be deemed to be a reference to the Taiwan Representative Office, 
including for all official purposes of the United States Government, 
all courts of the United States, and any proceedings by such Government 
or in such courts.

SEC. 615. DETERRING AMERICA'S TECHNOLOGICAL ADVERSARIES.

    (a) Short Title.--This section may be cited as the ``Deterring 
America's Technological Adversaries Act'' or the ``DATA Act''.
    (b) Findings.--Congress finds the following:
            (1) On December 2, 2022, the Director of the Federal Bureau 
        of Investigation, Christopher Wray, stated, ``We . . . do have 
        national security concerns about the app TikTok. Its parent 
        company is controlled by the Chinese government. And it gives 
        them the potential to leverage the app in ways that I think 
        should concern us . . . One, it gives them the ability to 
        control the recommendation algorithm which allows them to 
        manipulate content and if they want to, to use it for influence 
        operations which are a lot more worrisome in the hands of the 
        Chinese Communist Party than whether or not you're steering 
        somebody as an influencer to one product or another. They also 
        have the ability to collect data through it on users which can 
        be used for traditional espionage operations, for example. They 
        also have the ability on it to get access, they have 
        essentially access to the software to devices. So you're 
        talking about millions of devices and that gives them the 
        ability to engage in different kinds of malicious cyber 
        activity through that. And so all of these things are in the 
        hands of a government that doesn't share our values and that 
        has a mission that's very much at odds with what's in the best 
        interest of the United States that that should concern us.''.
            (2) On December 3, 2022, the Director of National 
        Intelligence, Avril Haines, ``It is extraordinary the degree to 
        which China, in particular, but they're not the only ones, 
        obviously, are developing just frameworks for collecting 
        foreign data and pulling it in and their capacity to then turn 
        that around and use it to target audiences for information 
        campaigns or for other things, but also to have it for the 
        future so that they can use it for a variety of means that 
        they're interested in.''.
            (3) On December 16, 2022, the Director of Central 
        Intelligence, Bill Burns, stated, ``I think it's a genuine 
        concern . . . for the U.S. government, in the sense that, 
        because the parent company of TikTok is a Chinese company, the 
        Chinese government is able to insist upon extracting the 
        private data of a lot of TikTok users in this country, and also 
        to shape the content of what goes on to TikTok as well to suit 
        the interests of the Chinese leadership . . . What I would 
        underscore, though, is that it's genuinely troubling to see 
        what the Chinese government could do to manipulate TikTok.''.
            (4) On December 23, 2022, both chambers of Congress passed 
        a bipartisan spending bill that included a ban on using TikTok 
        from Government devices.
    (c) Authorization of Appropriations.--No additional amounts are 
authorized to be made available to carry out this section.
    (d) Severability.--If any provision of this section or its 
application to any person or circumstance is held invalid, the 
invalidity does not affect other provisions or applications of this 
section that can be given effect without the invalid provision or 
application, and to this end the provisions of this section are 
severable.
    (e) Definitions.--In this section:
            (1) Agency or instrumentality of a foreign state.--The term 
        ``agency or instrumentality of a foreign state'' has the 
        meaning given such term under section 1603(b) of title 28, 
        United States Code.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, Committee on 
                Ways and Means, and the Committee on Financial Services 
                of the House of Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Banking, Housing, and Urban Affairs of the 
                Senate.
            (3) China.--The term ``China'' means--
                    (A) when used in the geographic sense, the country 
                of the People's Republic of China; and
                    (B) otherwise, the Government of the country of the 
                People's Republic of China, including any entity acting 
                on behalf of, or the benefit of--
                            (i) the country of the People's Republic of 
                        China; or
                            (ii) the Government of the country of the 
                        People's Republic of China.
            (4) Connected software application.--The term ``connected 
        software application'' has the meaning given such term in 
        Executive Order 14034 (86 Fed. Reg. 31423; relating to 
        protecting Americans' sensitive data from foreign adversaries).
            (5) Election interference in or against a foreign country 
        that is a treaty ally of the united states or a democratic or 
        emerging democratic partner of the united states.--The term 
        ``election interference in or against a foreign country that is 
        a treaty ally of the United States or a democratic or emerging 
        democratic partner of the United States'' means actions to 
        engage in, directly or indirectly, activities originating from, 
        or directed by, persons located, in whole or in substantial 
        part, outside the territory of a treaty ally of the United 
        States or a democratic or emerging democratic partner of the 
        United States that have the purpose or effect of tampering 
        with, altering, unlawfully accessing, or causing a 
        misappropriation of information with the purpose or effect of 
        interfering with or undermining election processes or 
        institutions.
            (6) Election interference in or against the united 
        states.--The term ``election interference in or against the 
        United States'' includes actions to engage in, directly or 
        indirectly, activities originating from, or directed by persons 
        located, in whole or in substantial part, outside the United 
        States that--
                    (A) have the purpose or effect of tampering with, 
                altering, unlawfully accessing, or causing a 
                misappropriation of information with the purpose or 
                effect of undermining election processes or 
                institutions;
                    (B) deny access, block, degrade, or alter election 
                and campaign infrastructure, or related systems or data 
                related to political parties, candidates in elections 
                for public office, the administration of elections for 
                public office, or any public election activity; or
                    (C) consist of the making of contributions or 
                donations, or any other activity prohibited under 
                section 319 of the Federal Election Campaign Act of 
                1971 (52 U.S.C. 30121), with the purpose or effect of 
                undermining election processes or institutions.
            (7) Foreign person.--The term ``foreign person''--
                    (A) means a person that is not a United States 
                person; and
                    (B) includes a nonresident alien individual, 
                foreign corporation, foreign partnership, foreign 
                trust, or foreign estate.
            (8) Knowingly.--The term ``knowingly'', with respect to 
        conduct, a circumstance, or a result, means that a person has 
        actual knowledge, or should have known, of the conduct, the 
        circumstance, or the result.
            (9) Sensitive personal data.--The term ``sensitive personal 
        data'' has the meaning given such term in section 7.2 of title 
        15, Code of Federal Regulations (or any successor regulation).
            (10) Treaty ally of the united states.--The term ``treaty 
        ally of the United States'' means a foreign country that is a 
        party to any of the following:
                    (A) The North Atlantic Treaty, signed at 
                Washington, April 4, 1949.
                    (B) The Security Treaty Between Australia, New 
                Zealand, and the United States of America, signed at 
                San Francisco, September 1, 1951.
                    (C) The Mutual Defense Treaty Between the United 
                States of America and the Republic of the Philippines, 
                signed at Washington, August 30, 1951.
                    (D) The Southeast Asia Collective Defense Treaty, 
                signed at Manila, September 8, 1954.
                    (E) The Treaty of Mutual Cooperation and Security 
                Between the United States of America and Japan, signed 
                at Washington, January 19, 1960.
                    (F) The Mutual Defense Treaty Between the United 
                States of America and the Republic of Korea, signed at 
                Washington, October 1, 1953.
            (11) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen;
                    (B) a permanent resident alien;
                    (C) an entity organized under the laws of the 
                United States (including foreign branches); or
                    (D) any person in the United States.
    (f) Clarification of Non-Applicability for Regulation and 
Prohibition Relating to Sensitive Personal Data Under International 
Emergency Economic Powers Act.--
            (1) Clarification.--
                    (A) In general.--The importation to a country, or 
                the exportation from a country, of sensitive personal 
                data shall not constitute the importation from a 
                country, or the exportation to a country, of 
                information or informational materials for purposes of 
                paragraph (1) or (3) of section 203(b) of the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1702(b)).
                    (B) Rule of construction.--Nothing in paragraph 
                (1), and nothing in the International Emergency 
                Economic Powers Act, may be construed to provide for 
                the application of paragraph (1) or (3) of section 
                203(b) of the International Emergency Economic Powers 
                Act (50 U.S.C. 1702(b)) to the importation to China, or 
                the exportation from China, directly or indirectly, of 
                sensitive personal data.
            (2) Directive.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of the Treasury shall 
        issue a directive prohibiting United States persons from 
        engaging in any transaction with a person that the Secretary of 
        the Treasury determines knowingly provides or may transfer 
        sensitive personal data of persons subject to United States 
        jurisdiction to any foreign person that--
                    (A) is subject to the jurisdiction or direction of, 
                or directly or indirectly operating on behalf of, 
                China; or
                    (B) is owned by, directly or indirectly controlled 
                by, or is otherwise subject to the influence of China.
    (g) Imposition of Sanctions on Certain Transactions Relating to 
Connected Software Applications.--
            (1) Imposition of sanctions.--
                    (A) In general.--The President shall impose the 
                sanction described in paragraph (2) with respect to any 
                foreign person that, on or after the date of the 
                enactment of this Act, knowingly--
                            (i) operates, directs, or otherwise deals 
                        in a connected software application that--
                                    (I) is subject to the jurisdiction 
                                or direction of, or directly or 
                                indirectly operating on behalf of 
                                China, or is owned by, directly or 
                                indirectly controlled by, or otherwise 
                                subject to the influence of China; and
                                    (II) is reasonably believed to have 
                                facilitated or may be facilitating or 
                                contributing to China's--
                                            (aa) military, 
                                        intelligence, espionage, or 
                                        weapons proliferation 
                                        activities;
                                            (bb) censorship activities;
                                            (cc) surveillance 
                                        activities;
                                            (dd) control or use of 
                                        recommendation algorithms that 
                                        are capable of manipulating 
                                        content;
                                            (ee) malicious cyber 
                                        activities; or
                                            (ff) use of data to target 
                                        audiences for information 
                                        campaigns;
                            (ii) directly or indirectly orders, 
                        controls, directs, engages in, or otherwise 
                        facilitates an act of election interference 
                        against the United States;
                            (iii) directly or indirectly orders, 
                        controls, directs, engages in, or otherwise 
                        facilitates an act of election interference in 
                        or against a foreign country that is--
                                    (I) a treaty ally of the United 
                                States; or
                                    (II) a democratic or emerging 
                                democratic partner of the United 
                                States;
                            (iv) directly or indirectly orders, 
                        controls, directs, engages in, or otherwise 
                        facilitates an act of steering United States 
                        policy and regulatory decisions in favor of 
                        China's strategic objectives, to the detriment 
                        of the economic or national security of the 
                        United States;
                            (v) knowingly facilitates a transaction or 
                        transactions for or on behalf of a person 
                        described, or a person that has engaged in the 
                        activity described, as the case may be, in 
                        clause (i), (ii), (iii), (iv);
                            (vi) knowingly assists, sponsors, or 
                        provides financial, material, or technological 
                        support for a person described, or a person 
                        that has engaged in the activity described, as 
                        the case may be, in clause (i), (ii), (iii), 
                        (iv);
                            (vii) is owned or controlled by, or has 
                        acted for or on behalf of, directly or 
                        indirectly, a person described, or a person 
                        that has engaged in the activity described, as 
                        the case may be, in clause (i), (ii), (iii), 
                        (iv).
                    (B) List of foreign countries that are democratic 
                or emerging democratic partners of the united states.--
                            (i) In general.--Not later than 90 days 
                        after the date of the enactment of this Act, 
                        the President shall submit to the appropriate 
                        congressional committees--
                                    (I) a definition of the term 
                                ``democratic or emerging democratic 
                                partner of the United States''; and
                                    (II) a list of foreign countries 
                                that are designated as a democratic or 
                                emerging democratic partner of the 
                                United States for purposes of 
                                subparagraph (A)(iii) that includes the 
                                countries listed in clause (ii).
                            (ii) Initial designations.--Sweden, 
                        Switzerland, Israel, India, and Taiwan shall be 
                        deemed to have been so designated as a 
                        democratic or emerging democratic partner of 
                        the United States for purposes of subparagraph 
                        (A)(iii).
                            (iii) Updates.--The President shall submit 
                        to the appropriate congressional committees an 
                        updated list under subclause (I) on a periodic 
                        basis.
            (2) Sanction described.--
                    (A) In general.--The sanction described in this 
                paragraph is the exercise of all powers granted to the 
                President by the International Emergency Economic 
                Powers Act (50 U.S.C. 1701 et seq.) (except that the 
                requirements of section 202 of such Act (50 U.S.C. 
                1701) shall not apply) to the extent necessary to block 
                and prohibit all transactions in all property and 
                interests in property of any foreign person or an 
                agency or instrumentality of a foreign state, as the 
                case may be, if such property and interests in property 
                are in the United States, come within the United 
                States, or are or come within the possession or control 
                of a United States person.
                    (B) Implementation.--The President may exercise all 
                authorities provided under sections 203 and 205 of the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1702 and 1704) to carry out this section.
                    (C) Regulations.--
                            (i) In general.--The President shall 
                        prescribe such regulations as may be necessary 
                        for the implementation of this section.
                            (ii) Prior briefing required.--Not later 
                        than 10 days before the prescription of 
                        regulations under clause (i), the President 
                        shall brief the appropriate congressional 
                        committees regarding the proposed regulations 
                        and the provisions of this section that such 
                        regulations are implementing.
                    (D) Penalties.--A person that violates, attempts to 
                violate, or causes a violation of any sanction 
                authorized by this section, or any regulation, license, 
                or order issued to carry out such sanctions, shall be 
                subject to the penalties set forth in subsections (b) 
                and (c) of section 206 of the International Emergency 
                Economic Powers Act (50 U.S.C. 1705) to the same extent 
                as a person that commits an unlawful act described in 
                subsection (a) of that section.
                    (E) Exceptions.--The following activities shall not 
                be subject to the imposition of sanctions under this 
                section:
                            (i) Any authorized intelligence, law 
                        enforcement, or national security activities of 
                        the United States.
                            (ii) Any transaction necessary to comply 
                        with United States obligations under the 
                        Agreement between the United Nations and the 
                        United States of America regarding the 
                        Headquarters of the United States, signed at 
                        Lake Success June 26, 1947, and entered into 
                        force November 21, 1947, or the Convention on 
                        Consular Relations, done at Vienna April 24, 
                        1963, and entered into force March 19, 1967, or 
                        any other United States international 
                        agreement.
                    (F) Waiver.--The President may, on a case-by-case 
                basis and for periods not to exceed 180 days each, 
                waive the application of sanctions imposed with respect 
                to a foreign person under this section if the President 
                certifies to the appropriate congressional committees, 
                not later than 15 days before such waiver is to take 
                effect, that the waiver is vital to the national 
                security interests of the United States.
            (3) Sunset.--This section, and the authorities provided by 
        this section, shall terminate on the date that is 5 years after 
        the date of the enactment of this Act.
    (h) Specific Determinations With Respect to the Imposition of 
Sanctions.--
            (1) Determination relating to bytedance, ltd., tiktok, and 
        related entities.--
                    (A) In general.--Not later than 90 days after the 
                date of the enactment of this Act, and every 180 days 
                thereafter for 3 years, the President shall transmit to 
                the appropriate congressional committees a 
                determination of whether reasonable grounds exist for 
                concluding that any of the entities described in 
                subparagraph (B)--
                            (i) meets the criteria described in 
                        subparagraph (A) or (B) of subsection (f)(2) 
                        for purposes of applying a directive described 
                        in such section with respect to the entity; or
                            (ii) have engaged in any conduct described 
                        in subsection (g)(1).
                    (B) Entities described.--The entities described in 
                this subsection are--
                            (i) Bytedance, Ltd.;
                            (ii) TikTok;
                            (iii) any subsidiary of or a successor to 
                        an entity described in clause (i) or (ii); and
                            (iv) any entity owned or controlled 
                        directly or indirectly by an entity described 
                        in clause (i), (ii), or (iii).
                    (C) Form.--The determination described in 
                subparagraph (A) shall be transmitted in unclassified 
                form, and any supporting documentation may be 
                transmitted in a classified annex.
                    (D) Application of sanctions.--If the President 
                makes an affirmative decision under subparagraph (A) 
                with respect to any entity described in subparagraph 
                (B), the President shall impose the sanction described 
                in subsection (g)(2) with respect to the entity, as 
                appropriate.
            (2) Requests by appropriate congressional committees.--
                    (A) In general.--Not later than 120 days after 
                receiving a request from the chairperson or ranking 
                member of one or more of the appropriate congressional 
                committees with respect to whether a foreign person 
                meets the criteria described in subparagraph (A) or of 
                subsection (f)(2) for purposes of applying a directive 
                described in such section with respect to the person, 
                or have engaged in any conduct described in section 201 
                for the imposition of the sanction described in 
                subsection (g)(2), the President shall--
                            (i) determine if that person meets the 
                        requirements described in the applicable 
                        section; and
                            (ii) submit to the chairperson and ranking 
                        member of the committee or committees a report 
                        that includes--
                                    (I) a statement of whether or not 
                                the President imposed or intends to 
                                impose such sanction with respect to 
                                the person; and
                                    (II) if applicable, a description 
                                of the sanction so imposed or intended 
                                to be imposed.
                    (B) Availability of information.--
                            (i) In general.--Any information obtained 
                        at any time with respect to the President 
                        making a determination with respect to a 
                        foreign person under subparagraph (A), or under 
                        any review of the foreign person through other 
                        United States Government national security 
                        review processes, shall be made available to a 
                        committee or subcommittee of Congress of 
                        appropriate jurisdiction, upon the request of 
                        the chairman or ranking minority member of such 
                        committee or subcommittee.
                            (ii) Prohibition on disclosure.--No such 
                        committee or subcommittee, or member thereof, 
                        may disclose any information made available 
                        under clause (i), that is submitted on a 
                        confidential basis unless the full committee 
                        determines that the withholding of that 
                        information is contrary to the national 
                        interest.
                    (C) Form.--Each determination described in 
                subparagraph (A)(i), and each report under subparagraph 
                (A)(ii), may be submitted in classified or unclassified 
                form, and any supporting documentation to such 
                determination or report may contain a classified annex.

SEC. 616. SANCTIONING SUPPORTERS OF SLAVE LABOR ACT.

    (a) Short Title.--This section may be cited as the ``Sanctioning 
Supporters of Slave Labor Act''.
    (b) Imposition of Additional Sanctions Relating to Human Rights 
Abuses in the Xinjiang Uyghur Autonomous Region.--
            (1) In general.--Section 6 of the Uyghur Human Rights 
        Policy Act of 2020 (Public Law 116-145; 22 U.S.C. 6901 note) is 
        amended--
                    (A) in subsection (a)--
                            (i) by redesignating paragraph (2) as 
                        paragraph (3); and
                            (ii) by inserting after paragraph (1) the 
                        following:
            ``(2) Additional matters to be included.--The President 
        shall include in the report required by paragraph (1) an 
        identification of--
                    ``(A) each foreign person that knowingly provides 
                significant goods, services, or technology to or for a 
                person identified in such report; and
                    ``(B) each foreign person that knowingly engages in 
                a significant transaction relating to any of the acts 
                described in subparagraphs (A) through (F) of paragraph 
                (1).''; and
                    (B) in subsection (b), by striking ``subsection 
                (a)(1)'' and inserting ``subsection (a)''.
            (2) Effective date.--The amendments made by subsection 
        (a)--
                    (A) take effect on the date of the enactment of 
                this Act; and
                    (B) apply with respect to each report required by 
                section 6(a) of the Uyghur Human Rights Policy Act of 
                2020 submitted before, on, or after such date of 
                enactment.

SEC. 617. COUNTERING ATROCITIES THROUGH CURRENCY ACCOUNTABILITY ACT.

    (a) Short Title.--This section may be cited as the ``Countering 
Atrocities through Currency Accountability Act of 2024''.
    (b) Findings.--Congress finds the following:
            (1) The United States dollar composes nearly two-thirds of 
        the world's currency reserves, with more than one trillion 
        dollars being owned by the Government of China as of October 
        2020.
            (2) It is the policy of the United States to advance 
        freedom and human rights globally, a policy that is 
        incompatible with egregious human rights violations, and as 
        such has a responsibility to ensure that the United States 
        currency market does not complicitly support perpetrators of 
        these abuses.
            (3) In regions of the world where political, governmental, 
        or other realities preclude humanitarian due diligence 
        practices from ensuring the currency market of the United 
        States is not interwoven with entities' egregious human rights 
        violations, additional measures must be taken to separate the 
        economy of the United States from these violations, as well as 
        to apply pressure on relevant actors to uphold their 
        humanitarian responsibilities.
    (c) Special Measures for Jurisdictions, Financial Institutions, or 
International Transactions of Primary Humanitarian Concern.--
            (1) In general.--Chapter 53 of title 31, United States 
        Code, is amended by inserting after section 5318A the 
        following:
``Sec. 5318B. Special measures for jurisdictions, financial 
              institutions, or international transactions of primary 
              humanitarian concern
    ``(a) International Humanitarian Requirements.--
            ``(1) In general.--The Secretary of the Treasury shall 
        require domestic financial institutions and domestic financial 
        agencies to take 1 or more of the special measures described in 
        subsection (b) if the Secretary finds that reasonable grounds 
        exist for concluding that a jurisdiction outside of the United 
        States, 1 or more financial institutions operating outside of 
        the United States, 1 or more classes of transactions within, or 
        involving, a jurisdiction outside of the United States, or 1 or 
        more types of accounts is of primary humanitarian concern, in 
        accordance with subsection (c).
            ``(2) Form of requirement.--The special measures described 
        in--
                    ``(A) subsection (b) shall be imposed in such 
                sequence or combination as the Secretary shall 
                determine; and
                    ``(B) paragraphs (1) through (5) of subsection (b) 
                shall be imposed by regulation, order, or otherwise as 
                permitted by law.
            ``(3) Duration of orders; rulemaking.--Any order by which a 
        special measure described in paragraphs (1) through (5) of 
        subsection (b) is imposed--
                    ``(A) shall be issued together with a notice of 
                proposed rulemaking relating to the imposition of such 
                special measure; and
                    ``(B) may not be terminated unless the Secretary--
                            ``(i) certifies to Congress that the 
                        applicable jurisdiction, financial institution, 
                        class of transaction, or type of account is no 
                        longer of primary humanitarian concern; and
                            ``(ii) not more than 30 days before the 
                        date of such termination, notifies, in writing, 
                        the Committees on Financial Services and 
                        Foreign Affairs of the House of Representatives 
                        and the Committees on Banking, Housing, and 
                        Urban Affairs and Foreign Relations of the 
                        Senate of such termination.
            ``(4) National security waiver.--
                    ``(A) In general.--The Secretary shall waive the 
                application of any special measure required by the 
                Secretary under paragraph (1) with respect to a 
                transaction related to the production, manufacture, or 
                commerce related to rare earth minerals if the 
                Secretary determines such waiver is necessary on 
                national security grounds.
                    ``(B) Time limit.--A waiver issued under 
                subparagraph (A) may not be for longer than one year, 
                but such a waiver may be renewed.
                    ``(C) Written justification.--If the Secretary 
                issues (or renews) a waiver under this paragraph, the 
                Secretary shall provide the Committees on Financial 
                Services and Foreign Affairs of the House of 
                Representatives and the Committees on Banking, Housing, 
                and Urban Affairs and Foreign Relations of the Senate 
                with a written justification for such waiver. Such 
                justification shall be submitted in unclassified form, 
                but may include a classified annex.
                    ``(D) Information for the public.--If the Secretary 
                issues a waiver under this paragraph, the Secretary, in 
                consultation with the Secretary of Commerce and the 
                Secretary of the Interior, shall provide the following 
                information to the public, including on the website of 
                the Department of the Treasury:
                            ``(i) Opportunities for public-private 
                        partnerships to increase domestic production of 
                        rare earth elements and intermediate and 
                        finished products containing rare earth 
                        elements, including permanent magnets.
                            ``(ii) Information regarding the 
                        relationship between the reason the applicable 
                        jurisdiction, financial institution, class of 
                        transaction, or type of account was found to be 
                        of primary humanitarian concern and the 
                        production, manufacture, or commerce related to 
                        rare earth minerals.
            ``(5) No limitation on other authority.--This section shall 
        not be construed as superseding or otherwise restricting any 
        other authority granted to the Secretary, or to any other 
        agency, by this subchapter or otherwise.
    ``(b) Special Measures.--The special measures referred to in 
subsection (a), with respect to a jurisdiction outside of the United 
States, financial institution operating outside of the United States, 
class of transaction within, or involving, a jurisdiction outside of 
the United States, or 1 or more types of accounts are as follows:
            ``(1) Recordkeeping and reporting of certain financial 
        transactions.--
                    ``(A) In general.--The Secretary of the Treasury 
                may require any domestic financial institution or 
                domestic financial agency to maintain records, file 
                reports, or both, concerning the aggregate amount of 
                transactions, or concerning each transaction, with 
                respect to a jurisdiction outside of the United States, 
                1 or more financial institutions operating outside of 
                the United States, 1 or more classes of transactions 
                within, or involving, a jurisdiction outside of the 
                United States, or 1 or more types of accounts if the 
                Secretary finds any such jurisdiction, institution, 
                class of transactions, or type of account to be of 
                primary humanitarian concern.
                    ``(B) Form of records and reports.--Such records 
                and reports shall be made and retained at such time, in 
                such manner, and for such period of time, as the 
                Secretary shall determine, and shall include such 
                information as the Secretary may determine, including--
                            ``(i) the identity and address of the 
                        participants in a transaction or relationship, 
                        including the identity of the originator of any 
                        funds transfer;
                            ``(ii) the legal capacity in which a 
                        participant in any transaction is acting;
                            ``(iii) the identity of the beneficial 
                        owner of the funds involved in any transaction, 
                        in accordance with such procedures as the 
                        Secretary determines to be reasonable and 
                        practicable to obtain and retain the 
                        information; and
                            ``(iv) a description of any transaction.
            ``(2) Information relating to beneficial ownership.--In 
        addition to any other requirement under any other provision of 
        law, the Secretary shall require any domestic financial 
        institution or domestic financial agency to take such steps as 
        the Secretary may determine to be reasonable and practicable to 
        obtain and retain information concerning the beneficial 
        ownership of any account opened or maintained in the United 
        States by a foreign person, or a representative of such a 
        foreign person, that involves a jurisdiction outside of the 
        United States, 1 or more financial institutions operating 
        outside of the United States, 1 or more classes of transactions 
        within, or involving, a jurisdiction outside of the United 
        States, or 1 or more types of accounts if the Secretary finds 
        any such jurisdiction, institution, or transaction or type of 
        account to be of primary humanitarian concern.
            ``(3) Information relating to certain payable-through 
        accounts.--If the Secretary finds a jurisdiction outside of the 
        United States, 1 or more financial institutions operating 
        outside of the United States, or 1 or more classes of 
        transactions within, or involving, a jurisdiction outside of 
        the United States to be of primary humanitarian concern, the 
        Secretary shall require any domestic financial institution or 
        domestic financial agency that opens or maintains a payable-
        through account in the United States for a foreign financial 
        institution involving any such jurisdiction or any such 
        financial institution operating outside of the United States, 
        or a payable through account through which any such transaction 
        may be conducted, as a condition of opening or maintaining such 
        account--
                    ``(A) to identify each customer (and representative 
                of such customer) of such financial institution who is 
                permitted to use, or whose transactions are routed 
                through, such payable-through account; and
                    ``(B) to obtain, with respect to each such customer 
                (and each such representative), information that is 
                substantially comparable to that which the depository 
                institution obtains in the ordinary course of business 
                with respect to its customers residing in the United 
                States.
            ``(4) Information relating to certain correspondent 
        accounts.--If the Secretary finds a jurisdiction outside of the 
        United States, 1 or more financial institutions operating 
        outside of the United States, or 1 or more classes of 
        transactions within, or involving, a jurisdiction outside of 
        the United States to be of primary humanitarian concern, the 
        Secretary shall require any domestic financial institution or 
        domestic financial agency that opens or maintains a 
        correspondent account in the United States for a foreign 
        financial institution involving any such jurisdiction or any 
        such financial institution operating outside of the United 
        States, or a correspondent account through which any such 
        transaction may be conducted, as a condition of opening or 
        maintaining such account--
                    ``(A) to identify each customer (and representative 
                of such customer) of any such financial institution who 
                is permitted to use, or whose transactions are routed 
                through, such correspondent account; and
                    ``(B) to obtain, with respect to each such customer 
                (and each such representative), information that is 
                substantially comparable to that which the depository 
                institution obtains in the ordinary course of business 
                with respect to its customers residing in the United 
                States.
            ``(5) Prohibitions or conditions on opening or maintaining 
        certain correspondent or payable-through accounts.--If the 
        Secretary finds a jurisdiction outside of the United States, 1 
        or more financial institutions operating outside of the United 
        States, or 1 or more classes of transactions within, or 
        involving, a jurisdiction outside of the United States to be of 
        primary humanitarian concern, the Secretary, in consultation 
        with the Secretary of State, the Attorney General, and the 
        Chairman of the Board of Governors of the Federal Reserve 
        System, shall prohibit, or impose conditions upon, the opening 
        or maintaining in the United States of a correspondent account 
        or payable-through account by any domestic financial 
        institution or domestic financial agency, if such correspondent 
        account or payable-through account involves any such 
        jurisdiction or institution, or if any such transaction may be 
        conducted through such correspondent account or payable-through 
        account.
    ``(c) Consultations and Information To Be Considered in Finding 
Jurisdictions, Institutions, Types of Accounts, or Transactions To Be 
of Primary Humanitarian Concern.--
            ``(1) In general.--In making a finding that reasonable 
        grounds exist for concluding that a jurisdiction outside of the 
        United States, 1 or more financial institutions operating 
        outside of the United States, 1 or more classes of transactions 
        within, or involving, a jurisdiction outside of the United 
        States, or 1 or more types of accounts is of primary 
        humanitarian concern so as to authorize the Secretary of the 
        Treasury to take 1 or more of the special measures described in 
        subsection (b), the Secretary shall consult with the Secretary 
        of State, the Attorney General, and the Secretary of Commerce.
            ``(2) Additional considerations.--In making a finding 
        described in paragraph (1), the Secretary shall consider in 
        addition such information as the Secretary determines to be 
        relevant, including the following potentially relevant factors:
                    ``(A) Jurisdictional factors.--In the case of a 
                particular jurisdiction--
                            ``(i) covered human rights violations have 
                        been or are being committed by an individual, 
                        group of individuals, corporation, 
                        organization, government, or other state or 
                        non-state actor, and that they have transacted 
                        business in that jurisdiction;
                            ``(ii) the extent to which covered human 
                        rights violations in that jurisdiction enable, 
                        support, or are connected to transacted 
                        business therein;
                            ``(iii) the substance and quality of 
                        administration of the human rights laws of that 
                        jurisdiction pertaining to covered human rights 
                        violations;
                            ``(iv) the jurisdiction is characterized as 
                        committing covered human rights violations by 
                        credible international organizations or 
                        multilateral expert groups;
                            ``(v) the jurisdiction is characterized by 
                        a disregard for human rights; or
                            ``(vi) whether the United States has issued 
                        or maintained formal genocide or crimes against 
                        humanity determinations covering that 
                        jurisdiction within the previous 5 years.
                    ``(B) Institutional factors.--In the case of a 
                decision to apply 1 or more of the special measures 
                described in subsection (b) only to a financial 
                institution or institutions, or to a transaction or 
                class of transactions, or to a type of account, or to 
                all 3, within or involving a particular jurisdiction--
                            ``(i) such financial institutions, classes 
                        of transactions, or types of accounts are used 
                        to facilitate or promote covered human rights 
                        violations in or through the jurisdiction; and
                            ``(ii) whether such action is sufficient to 
                        ensure, with respect to transactions involving 
                        the jurisdiction and institutions operating in 
                        the jurisdiction, that the purposes of this 
                        subchapter continue to be fulfilled, and to 
                        guard against covered human rights violations.
    ``(d) Notification of Special Measures Invoked by the Secretary.--
Not later than 10 days after the date of any action taken by the 
Secretary of the Treasury under subsection (a)(1), the Secretary shall 
notify, in writing, the Committee on Financial Services of the House of 
Representatives, the Committee on Foreign Affairs of the House of 
Representatives, the Committee on Banking, Housing, and Urban Affairs 
of the Senate, and the Committee on Foreign Relations of the Senate of 
any such action.
    ``(e) Due Diligence for United States Private Banking and 
Correspondent Bank Accounts Involving Foreign Persons.--
            ``(1) In general.--Each financial institution that 
        establishes, maintains, administers, or manages a private 
        banking account or a correspondent account in the United States 
        for a non-United States person, including a foreign individual 
        visiting the United States, or a representative of a non-United 
        States person shall establish appropriate, specific, and, where 
        necessary, enhanced, due diligence policies, procedures, and 
        controls that are reasonably designed to detect and report 
        instances of covered human rights violations through those 
        accounts.
            ``(2) Additional standards for certain correspondent 
        accounts.--
                    ``(A) In general.--Subparagraph (B) shall apply if 
                a correspondent account is requested or maintained by, 
                or on behalf of, a foreign bank operating--
                            ``(i) under an offshore banking license; or
                            ``(ii) under a banking license issued by a 
                        foreign country that has been designated--
                                    ``(I) as noncooperative with 
                                international human rights principles 
                                or procedures by the United States or 
                                an intergovernmental group or 
                                organization of which the United States 
                                is a member, with which designation the 
                                United States representative to the 
                                group or organization concurs; or
                                    ``(II) by the Secretary as 
                                warranting special measures due to 
                                concerns with covered human rights 
                                violations.
                    ``(B) Policies, procedures, and controls.--The 
                enhanced due diligence policies, procedures, and 
                controls required under paragraph (1) shall, at a 
                minimum, ensure that the financial institution in the 
                United States takes reasonable steps--
                            ``(i) to ascertain for any such foreign 
                        bank, the shares of which are not publicly 
                        traded, the identity of each of the owners of 
                        the foreign bank, and the nature and extent of 
                        the ownership interest of each such owner;
                            ``(ii) to conduct enhanced scrutiny of such 
                        account to ensure the account is not associated 
                        with covered human rights violations and report 
                        any suspicious transactions under section 
                        5318(g); and
                            ``(iii) to ascertain whether such foreign 
                        bank provides correspondent accounts to other 
                        foreign banks and, if so, the identity of those 
                        foreign banks and related due diligence 
                        information, as appropriate under paragraph 
                        (1).
            ``(3) Minimum standards for private banking accounts.--If a 
        private banking account is requested or maintained by, or on 
        behalf of, a non-United States person, then the due diligence 
        policies, procedures, and controls required under paragraph (1) 
        shall, at a minimum, ensure that the financial institution 
        takes reasonable steps--
                    ``(A) to ascertain the identity of the nominal and 
                beneficial owners of, and the source of funds deposited 
                into, such account as needed to guard against 
                supporting covered human rights violations and report 
                any suspicious transactions under section 5318(g); and
                    ``(B) to conduct enhanced scrutiny of any such 
                account that is requested or maintained by, or on 
                behalf of, a senior foreign political figure, or any 
                immediate family member or close associate of a senior 
                foreign political figure, that is reasonably designed 
                to detect and report transactions that may involve the 
                proceeds of covered human rights violations.
            ``(4) Definitions.--In this subsection:
                    ``(A) Offshore banking license.--The term `offshore 
                banking license' means a license to conduct banking 
                activities which, as a condition of the license, 
                prohibits the licensed entity from conducting banking 
                activities with the citizens of, or with the local 
                currency of, the country which issued the license.
                    ``(B) Private banking account.--The term `private 
                banking account' means an account (or any combination 
                of accounts) that--
                            ``(i) requires a minimum aggregate deposit 
                        of funds or other assets of not less than 
                        $500,000;
                            ``(ii) is established on behalf of 1 or 
                        more individuals who have a direct or 
                        beneficial ownership interest in the account; 
                        and
                            ``(iii) is assigned to, or is administered 
                        or managed by, in whole or in part, an officer, 
                        employee, or agent of a financial institution 
                        acting as a liaison between the financial 
                        institution and the direct or beneficial owner 
                        of the account.
    ``(f) Definitions.--In this section:
            ``(1) Covered human rights violation.--The term `covered 
        human rights violation' means--
                    ``(A) an offense described under chapter 50A of 
                title 18, United States Code; and
                    ``(B) crimes against humanity.
            ``(2) Xinjiang.--The term `Xinjiang' means the Xinjiang 
        Uyghur Autonomous Region, People's Republic of China.
            ``(3) Other definitions.--The definitions under section 
        5318A(e) shall apply to this section.''.
            (2) Clerical amendment.--The table of contents for chapter 
        53 of title 31, United States Code, is amended by inserting 
        after the item relating to section 5318A the following:

``5318B. Special measures for jurisdictions, financial institutions, or 
                            international transactions of primary 
                            humanitarian concern.''.
    (d) Assessing Xinjiang as a Jurisdiction of Primary Humanitarian 
Concern.--
            (1) Determination.--Not later than 180 days after the date 
        of enactment of this Act, the Secretary of the Treasury, in 
        consultation with the Secretary of State and the Secretary of 
        Commerce, shall determine whether reasonable grounds exist to 
        determine that Xinjiang Uyghur Autonomous Region, People's 
        Republic of China, is a jurisdiction of primary humanitarian 
        concern under section 5318B of title 31, United States Code.
            (2) Report.--As soon as practicable after the determination 
        required under paragraph (1), the Secretary of the Treasury 
        shall issue a report to the Congress containing the following:
                    (A) Whether the Secretary determines that 
                reasonable grounds exist to determine that Xinjiang is 
                a jurisdiction of primary humanitarian concern.
                    (B) If so, which special measures described under 
                subsection (b) of such section 5318B, if any, the 
                Secretary of the Treasury shall require domestic 
                financial institutions and domestic financial agencies 
                to take with respect to Xinjiang.
                    (C) If not, a detailed explanation of the 
                Secretary's reasoning in making such determination and 
                evidence supporting that determination.
            (3) Classification.--The report submitted pursuant to 
        paragraph (1) shall be submitted in unclassified form, but may 
        include a classified annex.
    (e) Report on Polysilicate Production and Trade.--Not later than 
120 days after the date of enactment of this Act, the Secretary of 
State shall issue a report to the Congress containing a description of 
the following:
            (1) Polysilicate production in Xinjiang.
            (2) The use of forced labor in polysilicate production and 
        trade.
            (3) The role of the Chinese Government and its affiliated 
        actors, including the Xinjiang Production and Construction 
        Corps, in polysilicate production and trade.
            (4) The impacts of Chinese polysilicate production on 
        international markets and ethical implications thereof.

                 TITLE VII--MATTERS RELATED TO DEFENSE

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

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

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

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

SEC. 703. ENACTMENT OF EXECUTIVE ORDER 13959.

    (a) In General.--The provisions of Executive Order 13959 (85 Fed. 
Reg. 73185; relating to addressing the threat from securities 
investments that finance Communist Chinese military companies (November 
12, 2020)), as in effect on January 14, 2021, are enacted into law.
    (b) Publication.--In publishing this Act in slip form and in the 
United States Statutes at Large pursuant to section 112 of title 1, 
United States Code, the Archivist of the United States shall include 
after the date of approval at the end an appendix setting forth the 
text of the Executive order referred to in subsection (a), as in effect 
on January 14, 2021.

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

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

SEC. 705. ARMS EXPORTS TO INDIA.

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

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

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

    (a) In General.--The President shall impose the sanctions described 
in subsection (b) with respect to each person described in subsection 
(c) the President determines, on or after the date of enactment of this 
Act, operates in a sector of China's economy wherein persons have 
engaged in a pattern of significant theft of the intellectual property 
of a United States person, or received the intellectual property of a 
United States person obtained through a pattern of significant theft.
    (b) Sanctions Imposed.--The sanctions described in this subsection 
are the following:
            (1) Asset blocking.--The exercise of all powers granted to 
        the President by the International Emergency Economic Powers 
        Act (50 U.S.C. 1701 et seq.) to the extent necessary to block 
        and prohibit all transactions in all property and interests in 
        property of a person described in subsection (a) if such 
        property and interests in property are in the United States, 
        come within the United States, or are or come within the 
        possession or control of a United States person.
            (2) Aliens ineligible for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--An alien 
                described in subsection (a) is--
                            (i) inadmissible to the United States;
                            (ii) ineligible to receive a visa or other 
                        documentation to enter the United States; and
                            (iii) otherwise ineligible to be admitted 
                        or paroled into the United States or to receive 
                        any other benefit under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.).
                    (B) Current visas revoked.--
                            (i) In general.--The issuing consular 
                        officer, the Secretary of State, or the 
                        Secretary of Homeland Security (or a designee 
                        of one of such Secretaries) shall, in 
                        accordance with section 221(i) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1201(i)), revoke any visa or other entry 
                        documentation issued to an alien who the 
                        Secretary of State or the Secretary of Homeland 
                        Security (or a designee of one of such 
                        Secretaries) determines is described in 
                        subsection (a), regardless of when the visa or 
                        other documentation is issued.
                            (ii) Effect of revocation.--A revocation 
                        under clause (i) shall take effect immediately 
                        and shall automatically cancel any other valid 
                        visa or entry documentation that is in the 
                        alien's possession.
            (3) Exception to comply with united nations headquarters 
        agreement.--The authority to impose the sanctions described in 
        paragraph (2)(B) shall not apply to an alien if admitting the 
        alien into the United States is necessary to permit the United 
        States to comply with the Agreement regarding the Headquarters 
        of the United Nations, signed at Lake Success June 26, 1947, 
        and entered into force November 21, 1947, between the United 
        Nations and the United States, or other applicable 
        international obligations.
    (c) Persons Described.--A person described in this section is one 
of the following:
            (1) An individual who--
                    (A) is a national of the People's Republic of China 
                or acting at the direction of a national or entity of 
                the People's Republic of China; and
                    (B) is not a United States person.
            (2) An entity that is--
                    (A) organized under the laws of the People's 
                Republic of China or of any jurisdiction within the 
                People's Republic of China;
                    (B) owned or controlled by individuals who are 
                nationals of the People's Republic of China; or
                    (C) owned or controlled by an entity described in 
                subparagraph (A) and is not a United States person.
    (d) Penalties; Implementation.--
            (1) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of 
        subsection (a) or any regulation, license, or order issued to 
        carry out subsection (a) shall be subject to the penalties set 
        forth in subsections (b) and (c) of section 206 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1705) to 
        the same extent as a person that commits an unlawful act 
        described in subsection (a) of that section.
            (2) Implementation.--The President may exercise all 
        authorities provided to the President under sections 203 and 
        205 of the International Emergency Economic Powers Act (50 
        U.S.C. 1702 and 1704) for purposes of carrying out this 
        section.
    (e) Report Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall submit to the 
        Committee on Foreign Affairs of the House of Representatives 
        and the Committee on Foreign Relations of the Senate a report 
        that specifies each person the President determines meets the 
        criteria described in subsection (a) for the imposition of 
        sanctions.
            (2) Termination of sanctions.--The President may terminate 
        sanctions imposed under subsection (a) with respect to a person 
        if the President certifies to the Committee on Foreign Affairs 
        of the House of Representatives and the Committee on Foreign 
        Relations of the Senate that such person is no longer engaging 
        in efforts to steal United States intellectual property.
    (f) Waiver.--The President may waive the imposition of sanctions 
under subsection (a) on a case-by-case basis with respect to a person 
if the President--
            (1) certifies to the Committee on Foreign Affairs and the 
        Committee on the Judiciary of the House of Representatives and 
        the Committee on Foreign Relations and the Committee on the 
        Judiciary of the Senate that such waiver is in the national 
        security interests of the United States; and
            (2) includes a justification for such certification.
    (g) Definitions.--In this Act:
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given those terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101).
            (2) United states person.--The term ``United States 
        person'' means--
                    (A) an individual who is a United States citizen or 
                an alien lawfully admitted for permanent residence to 
                the United States; or
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States.

SEC. 802. PROHIBITION ON USE OF FUNDS.

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

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

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

SEC. 804. RESTRICTION ON ISSUANCE OF VISAS.

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

SEC. 805. INTER PARTES REVIEW.

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

SEC. 806. POST-GRANT REVIEW.

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

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

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

SEC. 808. REEXAMINATION OF PATENTS.

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

SEC. 809. RESTORATION OF PATENTS AS PROPERTY RIGHTS.

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

SEC. 810. INVENTOR PROTECTIONS.

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

SEC. 811. REGISTRATION OF AGENT.

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

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

SEC. 812. EXCEPTION TO SOVEREIGN IMMUNITY.

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

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

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

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

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

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

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

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

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

            TITLE IX--MATTERS RELATED TO FINANCIAL SERVICES

SEC. 901. OPPOSITION OF THE UNITED STATES TO AN INCREASE IN THE WEIGHT 
              OF THE CHINESE RENMINBI IN THE SPECIAL DRAWING RIGHTS 
              BASKET OF THE INTERNATIONAL MONETARY FUND.

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

SEC. 902. SUNSET.

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

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

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

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

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

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

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

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

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

SEC. 906. OPPOSITION OF THE UNITED STATES TO INTERNATIONAL MONETARY 
              FUND LOAN TO A COUNTRY WHOSE PUBLIC DEBT IS NOT LIKELY TO 
              BE SUSTAINABLE IN THE MEDIUM TERM.

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

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

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

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

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

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

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

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

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

SEC. 910. TESTIMONY REQUIREMENT.

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

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

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

SEC. 912. REPORT ON DOLLAR STRATEGY.

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

SEC. 913. SUNSET.

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

                            TITLE X--OFFSETS

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

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

               TITLE XI--NATIONAL SECURITY AUTHORIZATIONS

SEC. 1101. AUTHORIZATION TO HIRE ADDITIONAL STAFF FOR THE OFFICE OF 
              FOREIGN ASSET CONTROL OF THE DEPARTMENT OF THE TREASURY.

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

SEC. 1102. AUTHORIZATION TO HIRE ADDITIONAL STAFF FOR THE OFFICE OF 
              CUSTOMS AND BORDER PROTECTION FORCE LABOR ACTIVITIES.

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

SEC. 1103. AUTHORIZATION FOR THE DEPARTMENT OF JUSTICE'S CHINA 
              INITIATIVE.

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

                          TITLE XII--FENTANYL

SEC. 1201. IMPORTS PROHIBITION.

    (a) In General.--The President shall take such steps as may be 
necessary to ban the importation into the United States of any goods 
produced by a company the President determines is a Chinese company 
producing fentanyl precursors.
    (b) Waiver.--The prohibition under subsection (a) may be waived on 
a case-by-case basis if the President, acting through the Director of 
National Intelligence, the Attorney General, the Administrator of the 
Drug Enforcement Administration, and the Secretary of State, certifies 
to Congress that the company that is the subject of such waiver is 
proactively cooperating with United States efforts to interdict and 
identify shipments of fentanyl precursors to cartels.

SEC. 1202. STOP CCP FENTANYL.

    (a) Short Title.--This section may be cited as the ``Stop CCP 
Fentanyl Act''.
    (b) Findings.--Congress finds the following:
            (1) According to the Drug Enforcement Administration, the 
        People's Republic of China remains the number one source of 
        fentanyl precursor chemicals, which are then processed and 
        manufactured into synthetic opioids by Mexican drug cartels to 
        bring into the United States.
            (2) Of the more than 100,000 drug overdose-related deaths 
        in the United States in 2021, roughly 64,000 were from illicit 
        fentanyl which is more than double the number of such deaths 
        since 2019.
            (3) Almost 100 percent of fentanyl derives from precursor 
        drugs from China.
            (4) The amount of fentanyl seized by U.S. Customs and 
        Border Protection skyrocketed from 2020 to 2022. In the fiscal 
        year 2022, U.S. Customs and Border Protection seized a record 
        14,700 pounds of fentanyl, compared with 11,200 pounds in 2021 
        and 4,800 pounds in 2020.
    (c) Imposition of Sanctions on the Government of the People's 
Republic of China.--
            (1) In general.--On and after the date that is 120 days 
        after the date of the enactment of this Act, the President 
        shall impose the sanctions described in this subsection with 
        respect to--
                    (A) the President of the People's Republic of 
                China;
                    (B) the Chairman of the Chinese Communist Party;
                    (C) the State Council of the People's Republic of 
                China; and
                    (D) the Politburo Standing Committee of the 
                People's Republic of China.
            (2) Waiver.--The President may waive the application of 
        sanctions under paragraph (1) if the President submits to the 
        appropriate congressional committees a written determination 
        that--
                    (A) the People's Republic of China and Chinese 
                Communist Party have taken all reasonable measures to 
                prevent the flow of fentanyl produced within the 
                People's Republic of China into the United States, 
                including through implementing and enforcing laws 
                controlling and restricting the export of fentanyl 
                precursors such as--
                            (i) N-Phenethyl-4-piperidone (NPP) 4-
                        Anilino-N phenethylpiperidine (ANPP) N-Phenyl-
                        4-piperidinamine (4-AP) tert-Butyl 4-
                        (phenylamino); and
                            (ii) piperidine-1-carboxylate (boc-4-AP) 
                        norfentanyl; and
                    (B) the intelligence community (as such term is 
                defined in the National Security Act of 1947), in 
                consultation with the Department of Homeland Security 
                and the Department of Justice, has determined that the 
                supply of fentanyl of Chinese origin in the United 
                States and the number of deaths of United States 
                persons due to overdoses of such fentanyl have each 
                been reduced by at least 98 percent during the most-
                recent 18-month period as compared to the immediately 
                preceding 18-month period.
            (3) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of 
        paragraph (1) or any regulation, license, or order issued to 
        carry out paragraph (1) shall be subject to the penalties set 
        forth in subsections (b) and (c) of section 206 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1705) to 
        the same extent as a person that commits an unlawful act 
        described in subsection (a) of that section.
    (d) Sanctions Described.--
            (1) In general.--The sanctions described in this section 
        are the following:
                    (A) Blocking of property.--The President shall 
                exercise all of the powers granted to the President 
                under the International Emergency Economic Powers Act 
                (50 U.S.C. 1701 et seq.) to the extent necessary to 
                block and prohibit all transactions in property and 
                interests in property of the person if such property 
                and interests in property are in the United States, 
                come within the United States, or are or come within 
                the possession or control of a United States person.
                    (B) Aliens ineligible for visas, admission, or 
                parole.--
                            (i) Visas, admission, or parole.--An alien 
                        who the Secretary of State or the Secretary of 
                        Homeland Security (or a designee of one of such 
                        Secretaries) knows, or has reason to believe, 
                        has knowingly engaged in any activity described 
                        in paragraph (1) is--
                                    (I) inadmissible to the United 
                                States;
                                    (II) ineligible to receive a visa 
                                or other documentation to enter the 
                                United States; and
                                    (III) otherwise ineligible to be 
                                admitted or paroled into the United 
                                States or to receive any other benefit 
                                under the Immigration and Nationality 
                                Act (8 U.S.C. 1101 et seq.).
                            (ii) Current visas revoked.--
                                    (I) In general.--The issuing 
                                consular officer, the Secretary of 
                                State, or the Secretary of Homeland 
                                Security (or a designee of one of such 
                                Secretaries) shall, in accordance with 
                                section 221(i) of the Immigration and 
                                Nationality Act (8 U.S.C. 1201(i)), 
                                revoke any visa or other entry 
                                documentation issued to an alien 
                                described in subparagraph (A) 
                                regardless of when the visa or other 
                                entry documentation is issued.
                                    (II) Effect of revocation.--A 
                                revocation under subclause (I) shall 
                                take effect immediately and shall 
                                automatically cancel any other valid 
                                visa or entry documentation that is in 
                                the alien's possession.
            (2) Exceptions.--
                    (A) United nations headquarters agreement.--The 
                sanctions described under paragraph (1)(B) shall not 
                apply with respect to an alien if admitting or paroling 
                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.
                    (B) Exception for intelligence, law enforcement, 
                and national security activities.--Sanctions under 
                paragraph (1) shall not apply to any authorized 
                intelligence, law enforcement, or national security 
                activities of the United States.
                    (C) Exception relating to importation of goods.--
                            (i) In general.--Notwithstanding any other 
                        provision of this 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.
                            (ii) Good defined.--In this paragraph, the 
                        term ``good'' means any article, natural or 
                        man-made substance, material, supply or 
                        manufactured product, including inspection and 
                        test equipment, and excluding technical data.
    (e) Right of Action To Seize Private Assets.--
            (1) In general.--Notwithstanding chapter 97 of title 28, 
        United States Code (commonly referred to as the ``Foreign 
        Sovereign Immunities Act''), a national of the United States or 
        an alien lawfully admitted for permanent residence in the 
        United States who is an immediate family member of a covered 
        individual may bring an action in an appropriate district court 
        of the United States against a covered Chinese official or 
        against China for harm suffered as a result of the covered 
        individual's death seeking money damages. Any property that is 
        blocked pursuant to subsection (d)(1)(A) may be used to satisfy 
        a judgment under this subsection.
            (2) Definitions.--In this subsection:
                    (A) The term ``covered individual'' means an 
                individual who dies from an overdose (whether 
                accidental or intentional) of fentanyl, or any analogue 
                of fentanyl, that was manufactured from fentanyl 
                precursors that originated in China and were imported 
                into the United States.
                    (B) The term ``covered Chinese official'' means--
                            (i) the President of the People's Republic 
                        of China;
                            (ii) the Chairman of the Chinese Communist 
                        Party; and
                            (iii) the Politburo Standing Committee of 
                        the People's Republic of China, or any member 
                        thereof.
                    (C) The term ``immediate family member'' means a 
                spouse, parent, stepparent, foster parent, child, 
                stepchild, foster child, grandparent, grandchild, 
                brother, or sister.

                           TITLE XIII--ENERGY

SEC. 1301. SECURING AMERICA'S CRITICAL MINERALS SUPPLY.

    (a) Amendment to the Department of Energy Organization Act.--The 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.) is 
amended--
            (1) in section 2, by adding at the end the following:
    ``(d) As used in sections 102(20) and 203(a)(12), the term 
`critical energy resource' means any energy resource--
            ``(1) that is essential to the energy sector and energy 
        systems of the United States; and
            ``(2) the supply chain of which is vulnerable to 
        disruption.'';
            (2) in section 102, by adding at the end the following:
            ``(20) To ensure there is an adequate and reliable supply 
        of critical energy resources that are essential to the energy 
        security of the United States.''; and
            (3) in section 203(a), by adding at the end the following:
            ``(12) Functions that relate to securing the supply of 
        critical energy resources, including identifying and mitigating 
        the effects of a disruption of such supply on--
                    ``(A) the development and use of energy 
                technologies; and
                    ``(B) the operation of energy systems.''.
    (b) Securing Critical Energy Resource Supply Chains.--
            (1) In general.--In carrying out the requirements of the 
        Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
        the Secretary of Energy, in consultation with the appropriate 
        Federal agencies, representatives of the energy sector, States, 
        and other stakeholders, shall--
                    (A) conduct ongoing assessments of--
                            (i) energy resource criticality based on 
                        the importance of critical energy resources to 
                        the development of energy technologies and the 
                        supply of energy;
                            (ii) the critical energy resource supply 
                        chain of the United States;
                            (iii) the vulnerability of such supply 
                        chain; and
                            (iv) how the energy security of the United 
                        States is affected by the reliance of the 
                        United States on importation of critical energy 
                        resources;
                    (B) facilitate development of strategies to 
                strengthen critical energy resource supply chains in 
                the United States, including by--
                            (i) diversifying the sources of the supply 
                        of critical energy resources; and
                            (ii) increasing domestic production, 
                        separation, and processing of critical energy 
                        resources;
                    (C) develop substitutes and alternatives to 
                critical energy resources; and
                    (D) improve technology that reuses and recycles 
                critical energy resources.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, the Secretary 
        of Energy shall submit to Congress a report containing--
                    (A) the results of the ongoing assessments 
                conducted under paragraph (1)(A);
                    (B) a description of any actions taken pursuant to 
                the Department of Energy Organization Act to mitigate 
                potential effects of critical energy resource supply 
                chain disruptions on energy technologies or the 
                operation of energy systems; and
                    (C) any recommendations relating to strengthening 
                critical energy resource supply chains that are 
                essential to the energy security of the United States.
            (3) Critical energy resource defined.--In this section, the 
        term ``critical energy resource'' has the meaning given such 
        term in section 2 of the Department of Energy Organization Act 
        (42 U.S.C. 7101).

SEC. 1302. INTERIM HAZARDOUS WASTE PERMITS FOR CRITICAL ENERGY RESOURCE 
              FACILITIES.

    Section 3005(e) of the Solid Waste Disposal Act (42 U.S.C. 6925(e)) 
is amended--
            (1) in paragraph (1)(A)--
                    (A) in clause (i), by striking ``or'' at the end;
                    (B) in clause (ii), by inserting ``or'' after 
                ``this section,''; and
                    (C) by adding at the end the following:
                            ``(iii) is a critical energy resource 
                        facility,''; and
            (2) by adding at the end the following:
            ``(4) Definitions.--For the purposes of this subsection:
                    ``(A) Critical energy resource.--The term `critical 
                energy resource' means, as determined by the Secretary 
                of Energy, any energy resource--
                            ``(i) that is essential to the energy 
                        sector and energy systems of the United States; 
                        and
                            ``(ii) the supply chain of which is 
                        vulnerable to disruption.
                    ``(B) Critical energy resource facility.--The term 
                `critical energy resource facility' means a facility 
                that processes or refines a critical energy 
                resource.''.

SEC. 1303. NATIONAL SECURITY OR ENERGY SECURITY WAIVERS TO PRODUCE 
              CRITICAL ENERGY RESOURCES.

    (a) Clean Air Act Requirements.--
            (1) In general.--If the Administrator of the Environmental 
        Protection Agency, in consultation with the Secretary of 
        Energy, determines that, by reason of a sudden increase in 
        demand for, or a shortage of, a critical energy resource, or 
        another cause, the processing or refining of a critical energy 
        resource at a critical energy resource facility is necessary to 
        meet the national security or energy security needs of the 
        United States, then the Administrator may, with or without 
        notice, hearing, or other report, issue a temporary waiver of 
        any requirement under the Clean Air Act (42 U.S.C. 7401 et 
        seq.) with respect to such critical energy resource facility 
        that, in the judgment of the Administrator, will allow for such 
        processing or refining at such critical energy resource 
        facility as necessary to best meet such needs and serve the 
        public interest.
            (2) Conflict with other environmental laws.--The 
        Administrator shall ensure that any waiver of a requirement 
        under the Clean Air Act under this subsection, to the maximum 
        extent practicable, does not result in a conflict with a 
        requirement of any other applicable Federal, State, or local 
        environmental law or regulation and minimizes any adverse 
        environmental impacts.
            (3) Violations of other environmental laws.--To the extent 
        any omission or action taken by a party under a waiver issued 
        under this subsection is in conflict with any requirement of a 
        Federal, State, or local environmental law or regulation, such 
        omission or action shall not be considered a violation of such 
        environmental law or regulation, or subject such party to any 
        requirement, civil or criminal liability, or a citizen suit 
        under such environmental law or regulation.
            (4) Expiration and renewal of waivers.--A waiver issued 
        under this subsection shall expire not later than 90 days after 
        it is issued. The Administrator may renew or reissue such 
        waiver pursuant to paragraphs (1) and (2) for subsequent 
        periods, not to exceed 90 days for each period, as the 
        Administrator determines necessary to meet the national 
        security or energy security needs described in paragraph (1) 
        and serve the public interest. In renewing or reissuing a 
        waiver under this paragraph, the Administrator shall include in 
        any such renewed or reissued waiver such conditions as are 
        necessary to minimize any adverse environmental impacts to the 
        extent practicable.
            (5) Subsequent action by court.--If a waiver issued under 
        this subsection is subsequently stayed, modified, or set aside 
        by a court pursuant a provision of law, any omission or action 
        previously taken by a party under the waiver while the waiver 
        was in effect shall remain subject to paragraph (3).
            (6) Critical energy resource; critical energy resource 
        facility defined.--The terms ``critical energy resource'' and 
        ``critical energy resource facility'' have the meanings given 
        such terms in section 3025(f) of the Solid Waste Disposal Act 
        (as added by this section).
    (b) Solid Waste Disposal Act Requirements.--
            (1) Hazardous waste management.--The Solid Waste Disposal 
        Act (42 U.S.C. 6901 et seq.) is amended by inserting after 
        section 3024 the following:

``SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE FACILITIES.

    ``(a) In General.--If the Administrator, in consultation with the 
Secretary of Energy, determines that, by reason of a sudden increase in 
demand for, or a shortage of, a critical energy resource, or another 
cause, the processing or refining of a critical energy resource at a 
critical energy resource facility is necessary to meet the national 
security or energy security needs of the United States, then the 
Administrator may, with or without notice, hearing, or other report, 
issue a temporary waiver of any covered requirement with respect to 
such critical energy resource facility that, in the judgment of the 
Administrator, will allow for such processing or refining at such 
critical energy resource facility as necessary to best meet such needs 
and serve the public interest.
    ``(b) Conflict With Other Environmental Laws.--The Administrator 
shall ensure that any waiver of a covered requirement under this 
section, to the maximum extent practicable, does not result in a 
conflict with a requirement of any other applicable Federal, State, or 
local environmental law or regulation and minimizes any adverse 
environmental impacts.
    ``(c) Violations of Other Environmental Laws.--To the extent any 
omission or action taken by a party under a waiver issued under this 
section is in conflict with any requirement of a Federal, State, or 
local environmental law or regulation, such omission or action shall 
not be considered a violation of such environmental law or regulation, 
or subject such party to any requirement, civil or criminal liability, 
or a citizen suit under such environmental law or regulation.
    ``(d) Expiration and Renewal of Waivers.--A waiver issued under 
this section shall expire not later than 90 days after it is issued. 
The Administrator may renew or reissue such waiver pursuant to 
subsections (a) and (b) for subsequent periods, not to exceed 90 days 
for each period, as the Administrator determines necessary to meet the 
national security or energy security needs described in subsection (a) 
and serve the public interest. In renewing or reissuing a waiver under 
this subsection, the Administrator shall include in any such renewed or 
reissued waiver such conditions as are necessary to minimize any 
adverse environmental impacts to the extent practicable.
    ``(e) Subsequent Action by Court.--If a waiver issued under this 
section is subsequently stayed, modified, or set aside by a court 
pursuant a provision of law, any omission or action previously taken by 
a party under the waiver while the waiver was in effect shall remain 
subject to subsection (c).
    ``(f) Definitions.--In this section:
            ``(1) Covered requirement.--The term `covered requirement' 
        means--
                    ``(A) any standard established under section 3002, 
                3003, or 3004;
                    ``(B) the permit requirement under section 3005; or
                    ``(C) any other requirement of this Act, as the 
                Administrator determines appropriate.
            ``(2) Critical energy resource.--The term `critical energy 
        resource' means, as determined by the Secretary of Energy, any 
        energy resource--
                    ``(A) that is essential to the energy sector and 
                energy systems of the United States; and
                    ``(B) the supply chain of which is vulnerable to 
                disruption.
            ``(3) Critical energy resource facility.--The term 
        `critical energy resource facility' means a facility that 
        processes or refines a critical energy resource.''.
            (2) Table of contents.--The table of contents of the Solid 
        Waste Disposal Act is amended by inserting after the item 
        relating to section 3024 the following:

``Sec. 3025. Waivers for critical energy resource facilities.''.

SEC. 1304. ENSURING CONSIDERATION OF URANIUM AS A CRITICAL MINERAL.

    (a) In General.--Section 7002(a)(3)(B)(i) of the Energy Act of 2020 
(30 U.S.C. 1606(a)(3)(B)(i)) is amended to read as follows:
                            ``(i) oil, oil shale, coal, or natural 
                        gas;''.
    (b) Update.--Not later than 60 days after the date of the enactment 
of this section, the Secretary, acting through the Director of the 
United States Geological Survey, shall publish in the Federal Register 
an update to the final list established in section 7002(c)(3) of the 
Energy Act of 2020 (30 U.S.C. 1606(c)(3)) in accordance with subsection 
(a) of this section.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this section, the Secretary, acting through the Director 
of the United States Geological Survey, in consultation with the 
Secretary of Energy, shall submit to the appropriate committees of 
Congress a report that includes the following:
            (1) The current status of uranium deposits in the United 
        States with respect to the amount and quality of uranium 
        contained in such deposits.
            (2) A comparison of the United States to the rest of the 
        world with respect to the amount and quality of uranium 
        contained in uranium deposits.
            (3) Policy considerations, including potential challenges, 
        of utilizing the uranium from the deposits described in 
        paragraph (1).
D [ SEC. 1306. ACQUIRING SECURE SUPPLIERS TO UPHOLD RESILIENCE IN 
ELECTRIC VEHICLES.
    (a) In General.--No Federal funds are authorized to be appropriated 
or otherwise made available to procure any electric vehicle or 
component parts of an electric vehicle manufactured by any of the 
following:]--
            (1) Contemporary Amperex Technology;
            (2) BYD Auto;
            (3) Envision Energy;
            (4) EVE Energy;
            (5) Gotion High tech Company;
            (6) Hithium Energy Storage Technology;
            (7) any successor entity to such entities; and
            (8) any other Chinese entity determined to be a large 
        electric vehicle or electric vehicle component parts 
        manufacturer.
    (b) Ongoing Review.--Not later than 120 days after the date of the 
enactment of this Act, and biannually thereafter until 2030, the 
President shall conduct a review to determine whether any entity, 
including an entity listed in subsection (a), should be included in the 
list of Chinese military companies required to be submitted under 
section 1260H of the National Defense Authorization Act for Fiscal Year 
2021 or the UFLPA entity list.][]

     TITLE XIV--MATTERS RELATED TO THE COMPACT OF FREE ASSOCIATION

SEC. 1401. SHORT TITLE.

    This joint resolution may be cited as the ``Compact of Free 
Association Amendments Act of 2024''.

SEC. 1402. FINDINGS.

    Congress finds the following:
            (1) The United States (in accordance with the Trusteeship 
        Agreement for the Trust Territory of the Pacific Islands, the 
        United Nations Charter, and the objectives of the international 
        trusteeship system of the United Nations) fulfilled its 
        obligations to promote the development of the people of the 
        Trust Territory toward self-government or independence, as 
        appropriate, to the particular circumstances of the Trust 
        Territory and the people of the Trust Territory and the freely 
        expressed wishes of the people concerned.
            (2) The United States, the Federated States of Micronesia, 
        and the Republic of the Marshall Islands entered into the 
        Compact of Free Association set forth in section 201 of the 
        Compact of Free Association Act of 1985 (48 U.S.C. 1901 note; 
        Public Law 99-239) and the United States and the Republic of 
        Palau entered into the Compact of Free Association set forth in 
        section 201 of Public Law 99-658 (48 U.S.C. 1931 note) to 
        create and maintain a close and mutually beneficial 
        relationship.
            (3) The ``Compact of Free Association, as amended, between 
        the Government of the United States of America and the 
        Government of the Federated States of Micronesia'', the 
        ``Compact of Free Association, as amended, between the 
        Government of the United States of America and the Government 
        of the Republic of the Marshall Islands'', and related 
        agreements were signed by the Government of the United States 
        and the Governments of the Federated States of Micronesia and 
        the Republic of the Marshall Islands and approved, as 
        applicable, by section 201 of the Compact of Free Association 
        Amendments Act of 2003 (48 U.S.C. 1921 note; Public Law 108-
        188).
            (4) The ``Agreement between the Government of the United 
        States of America and the Government of the Republic of Palau 
        Following the Compact of Free Association Section 432 Review'', 
        was signed by the Government of the United States and the 
        Government of the Republic of Palau on September 3, 2010, and 
        amended on September 19, 2018.
            (5) On May 22, 2023, the United States signed the 
        ``Agreement between the Government of the United States of 
        America and the Government of the Republic of Palau Resulting 
        From the 2023 Compact of Free Association Section 432 Review''.
            (6) On May 23, 2023, the United States signed 3 agreements 
        related to the U.S.-FSM Compact of Free Association, including 
        an Agreement to Amend the Compact, as amended, a new fiscal 
        procedures agreement, and a new trust fund agreement and on 
        September 28, 2023, the United States signed a Federal Programs 
        and Services agreement related to the U.S.-FSM Compact of Free 
        Association.
            (7) On October 16, 2023, the United States signed 3 
        agreements relating to the U.S.-RMI Compact of Free 
        Association, including an Agreement to Amend the Compact, as 
        amended, a new fiscal procedures agreement, and a new trust 
        fund agreement.

SEC. 1403. DEFINITIONS.

    In this joint resolution:
            (1) 1986 compact.--The term ``1986 Compact'' means the 
        Compact of Free Association between the Government of the 
        United States and the Governments of the Marshall Islands and 
        the Federated States of Micronesia set forth in section 201 of 
        the Compact of Free Association Act of 1985 (48 U.S.C. 1901 
        note; Public Law 99-239).
            (2) 2003 amended u.s.-fsm compact.--The term ``2003 Amended 
        U.S.-FSM Compact'' means the Compact of Free Association 
        amending the 1986 Compact entitled the ``Compact of Free 
        Association, as amended, between the Government of the United 
        States of America and the Government of the Federated States of 
        Micronesia'' set forth in section 201(a) of the Compact of Free 
        Association Amendments Act of 2003 (48 U.S.C. 1921 note; Public 
        Law 108-188).
            (3) 2003 amended u.s.-rmi compact.--The term ``2003 Amended 
        U.S.-RMI Compact'' means the Compact of Free Association 
        amending the 1986 Compact entitled ``Compact of Free 
        Association, as amended, between the Government of the United 
        States of America and the Government of the Republic of the 
        Marshall Islands'' set forth in section 201(b) of the Compact 
        of Free Association Amendments Act of 2003 (48 U.S.C. 1921 
        note; Public Law 108-188).
            (4) 2023 agreement to amend the u.s.-fsm compact.--The term 
        ``2023 Agreement to Amend the U.S.-FSM Compact'' means the 
        Agreement between the Government of the United States of 
        America and the Government of the Federated States of 
        Micronesia to Amend the Compact of Free Association, as 
        Amended, done at Palikir May 23, 2023.
            (5) 2023 agreement to amend the u.s.-rmi compact.--The term 
        ``2023 Agreement to Amend the U.S.-RMI Compact'' means the 
        Agreement between the Government of the United States of 
        America and the Government of the Republic of the Marshall 
        Islands to Amend the Compact of Free Association, as Amended, 
        done at Honolulu October 16, 2023.
            (6) 2023 amended u.s.-fsm compact.--The term ``2023 Amended 
        U.S.-FSM Compact'' means the 2003 Amended U.S.-FSM Compact, as 
        amended by the 2023 Agreement to Amend the U.S.-FSM Compact.
            (7) 2023 amended u.s.-rmi compact.--The term ``2023 Amended 
        U.S.-RMI Compact'' means the 2003 Amended U.S.-RMI Compact, as 
        amended by the 2023 Agreement to Amend the U.S.-RMI Compact.
            (8) 2023 u.s.-fsm federal programs and services 
        agreement.--The term ``2023 U.S.-FSM Federal Programs and 
        Services Agreement'' means the 2023 Federal Programs and 
        Services Agreement between the Government of the United States 
        of America and the Government of the Federated States of 
        Micronesia, done at Washington September 28, 2023.
            (9) 2023 u.s.-fsm fiscal procedures agreement.--The term 
        ``2023 U.S.-FSM Fiscal Procedures Agreement'' means the 
        Agreement Concerning Procedures for the Implementation of 
        United States Economic Assistance provided in the 2023 Amended 
        U.S.-FSM Compact between the Government of the United States of 
        America and the Government of the Federated States of 
        Micronesia, done at Palikir May 23, 2023.
            (10) 2023 u.s.-fsm trust fund agreement.--The term ``2023 
        U.S.-FSM Trust Fund Agreement'' means the Agreement between the 
        Government of the United States of America and the Government 
        of the Federated States of Micronesia Regarding the Compact 
        Trust Fund, done at Palikir May 23, 2023.
            (11) 2023 u.s.-palau compact review agreement.--The term 
        ``2023 U.S.-Palau Compact Review Agreement'' means the 
        Agreement between the Government of the United States of 
        America and the Government of the Republic of Palau Resulting 
        From the 2023 Compact of Free Association Section 432 Review, 
        done at Port Moresby May 22, 2023.
            (12) 2023 u.s.-rmi fiscal procedures agreement.--The term 
        ``2023 U.S.-RMI Fiscal Procedures Agreement'' means the 
        Agreement Concerning Procedures for the Implementation of 
        United States Economic Assistance Provided in the 2023 Amended 
        Compact Between the Government of the United States of America 
        and the Government of the Republic of the Marshall Islands, 
        done at Honolulu October 16, 2023.
            (13) 2023 u.s.-rmi trust fund agreement.--The term ``2023 
        U.S.-RMI Trust Fund Agreement'' means the Agreement between the 
        Government of the United States of America and the Government 
        of the Republic of the Marshall Islands Regarding the Compact 
        Trust Fund, done at Honolulu October 16, 2023.
            (14) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate;
                    (B) the Committee on Foreign Relations of the 
                Senate;
                    (C) the Committee on Natural Resources of the House 
                of Representatives; and
                    (D) the Committee on Foreign Affairs of the House 
                of Representatives.
            (15) Freely associated states.--The term ``Freely 
        Associated States'' means--
                    (A) the Federated States of Micronesia;
                    (B) the Republic of the Marshall Islands; and
                    (C) the Republic of Palau.
            (16) Subsidiary agreement.--The term ``subsidiary 
        agreement'' means any of the following:
                    (A) The 2023 U.S.-FSM Federal Programs and Services 
                Agreement.
                    (B) The 2023 U.S.-FSM Fiscal Procedures Agreement.
                    (C) The 2023 U.S.-FSM Trust Fund Agreement.
                    (D) The 2023 U.S.-RMI Fiscal Procedures Agreement.
                    (E) The 2023 U.S.-RMI Trust Fund Agreement.
                    (F) Any Federal Programs and Services Agreement in 
                force between the United States and the Republic of the 
                Marshall Islands.
                    (G) Any Federal Programs and Services Agreement in 
                force between the United States and the Republic of 
                Palau.
                    (H) Any other agreement that the United States may 
                from time-to-time enter into with the Government of the 
                Federated States of Micronesia, the Government of the 
                Republic of Palau, or the Government of the Republic of 
                the Marshall Islands, in accordance with--
                            (i) The 2023 Amended U.S.-FSM Compact;
                            (ii) The 2023 U.S.-Palau Compact Review 
                        Agreement; or
                            (iii) The 2023 Amended U.S.-RMI Compact.
            (17) U.S.-palau compact.--The term ``U.S.-Palau Compact'' 
        means the Compact of Free Association between the United States 
        and the Government of Palau set forth in section 201 of Public 
        Law 99-658 (48 U.S.C. 1931 note).

SEC. 1404. APPROVAL OF 2023 AGREEMENT TO AMEND THE U.S.-FSM COMPACT, 
              2023 AGREEMENT TO AMEND THE U.S.-RMI COMPACT, 2023 U.S.-
              PALAU COMPACT REVIEW AGREEMENT, AND SUBSIDIARY 
              AGREEMENTS.

    (a) Federated States of Micronesia.--
            (1) Approval.--The 2023 Agreement to Amend the U.S.-FSM 
        Compact and the 2023 U.S.-FSM Trust Fund Agreement, as 
        submitted to Congress on June 15, 2023, are approved and 
        incorporated by reference.
            (2) Consent of congress.--Congress consents to--
                    (A) The 2023 U.S.-FSM Fiscal Procedures Agreement, 
                as submitted to Congress on June 15, 2023; and
                    (B) The 2023 U.S.-FSM Federal Programs and Services 
                Agreement.
            (3) Authority of president.--Notwithstanding section 101(f) 
        of the Compact of Free Association Amendments Act of 2003 (48 
        U.S.C. 1921(f)), the President is authorized to bring into 
        force and implement the agreements described in paragraphs (1) 
        and (2).
    (b) Republic of the Marshall Islands.--
            (1) Approval.--The 2023 Agreement to Amend the U.S.-RMI 
        Compact and the 2023 U.S.-RMI Trust Fund Agreement, as 
        submitted to Congress on October 17, 2023, are approved and 
        incorporated by reference.
            (2) Consent of congress.--Congress consents to the 2023 
        U.S.-RMI Fiscal Procedures Agreement as submitted to Congress 
        on October 17, 2023.
            (3) Authority of president.--Notwithstanding section 101(f) 
        of the Compact of Free Association Amendments Act of 2003 (48 
        U.S.C. 1921(f)), the President is authorized to bring into 
        force and implement the agreements described in paragraphs (1) 
        and (2).
    (c) Republic of Palau.--
            (1) Approval.--The 2023 U.S.-Palau Compact Review 
        Agreement, as submitted to Congress on June 15, 2023, is 
        approved.
            (2) Authority of president.--The President is authorized to 
        bring into force and implement the 2023 U.S.-Palau Compact 
        Review Agreement.
    (d) Amendments, Changes, or Termination to Compacts and Certain 
Agreements.--
            (1) In general.--Any amendment to, change to, or 
        termination of all or any part of the 2023 Amended U.S.-FSM 
        Compact, 2023 Amended U.S.-RMI Compact, or the U.S.-Palau 
        Compact, by mutual agreement or unilateral action of the 
        Government of the United States, shall not enter into force 
        until the date on which Congress has incorporated the 
        applicable amendment, change, or termination into an Act of 
        Congress.
            (2) Additional actions and agreements.--In addition to the 
        Compacts described in paragraph (1), the requirements of that 
        paragraph shall apply to--
                    (A) any action of the Government of the United 
                States under the 2023 Amended U.S.-FSM Compact, 2023 
                Amended U.S.-RMI Compact, or U.S.-Palau Compact, 
                including an action taken pursuant to section 431, 441, 
                or 442 of the 2023 Amended U.S.-FSM Compact, 2023 
                Amended U.S.-RMI Compact, or U.S.-Palau Compact; and
                    (B) any amendment to, change to, or termination 
                of--
                            (i) the agreement described in section 
                        462(a)(2) of the 2023 Amended U.S.-FSM Compact;
                            (ii) the agreement described in section 
                        462(a)(5) of the 2023 Amended U.S.-RMI Compact;
                            (iii) an agreement concluded pursuant to 
                        section 265 of the 2023 Amended U.S.-FSM 
                        Compact;
                            (iv) an agreement concluded pursuant to 
                        section 265 of the 2023 Amended U.S.-RMI 
                        Compact;
                            (v) an agreement concluded pursuant to 
                        section 177 of the 2023 Amended U.S.-RMI 
                        Compact;
                            (vi) Articles III and IV of the agreement 
                        described in section 462(b)(6) of the 2023 
                        Amended U.S.-FSM Compact;
                            (vii) Articles III, IV, and X of the 
                        agreement described in section 462(b)(6) of the 
                        2023 Amended U.S.-RMI Compact;
                            (viii) the agreement described in section 
                        462(h) of the U.S.-Palau Compact; and
                            (ix) Articles VI, XV, and XVII of the 
                        agreement described in section 462(b)(7) of the 
                        2023 Amended U.S.-FSM Compact and 2023 Amended 
                        U.S.-RMI Compact and section 462(i) of the 
                        U.S.-Palau Compact.
    (e) Entry Into Force of Future Amendments to Subsidiary 
Agreements.--An agreement between the United States and the Government 
of the Federated States of Micronesia, the Government of the Republic 
of the Marshall Islands, or the Government of the Republic of Palau 
that would amend, change, or terminate any subsidiary agreement or 
portion of a subsidiary agreement (other than an amendment to, change 
to, or termination of an agreement described in subsection (d)) shall 
not enter into force until the date that is 90 days after the date on 
which the President has transmitted to the President of the Senate and 
the Speaker of the House of Representatives--
            (1) the agreement to amend, change, or terminate the 
        subsidiary agreement;
            (2) an explanation of the amendment, change, or 
        termination;
            (3) a description of the reasons for the amendment, change, 
        or termination; and
            (4) in the case of an agreement that would amend, change, 
        or terminate any agreement described in section 462(b)(3) of 
        the 2023 Amended U.S.-FSM Compact or the 2023 Amended U.S.-RMI 
        Compact, a statement by the Secretary of Labor that describes--
                    (A) the necessity of the amendment, change, or 
                termination; and
                    (B) any impacts of the amendment, change, or 
                termination.

SEC. 1405. AGREEMENTS WITH FEDERATED STATES OF MICRONESIA.

    (a) Law Enforcement Assistance.--
            (1) In general.--Pursuant to sections 222 and 224 of the 
        2023 Amended U.S.-FSM Compact, the United States shall provide 
        nonreimbursable technical and training assistance, as 
        appropriate, including training and equipment for postal 
        inspection of illicit drugs and other contraband, to enable the 
        Government of the Federated States of Micronesia--
                    (A) to develop and adequately enforce laws of the 
                Federated States of Micronesia; and
                    (B) to cooperate with the United States in the 
                enforcement of criminal laws of the United States.
            (2) Use of appropriated funds.--Funds appropriated pursuant 
        to subsection (j) of section 105 of the Compact of Free 
        Association Amendments Act of 2003 (48 U.S.C. 1921d) (as 
        amended by section 1409(j)) may be used in accordance with 
        section 102(a) of the Compact of Free Association Amendments 
        Act of 2003 (48 U.S.C. 1921a(a)).
    (b) United States Appointees to Joint Economic Management 
Committee.--
            (1) In general.--The 3 United States appointees (which are 
        composed of the United States chair and 2 other members from 
        the Government of the United States) to the Joint Economic 
        Management Committee established under section 213 of the 2023 
        Amended U.S.-FSM Compact (referred to in this subsection as the 
        ``Committee'') shall--
                    (A) be voting members of the Committee; and
                    (B) continue to be officers or employees of the 
                Federal Government.
            (2) Term; appointment.--The 3 United States members of the 
        Committee described in paragraph (1) shall be appointed for a 
        term of 2 years as follows:
                    (A) 1 member shall be appointed by the Secretary of 
                State, in consultation with the Secretary of the 
                Treasury.
                    (B) 1 member shall be appointed by the Secretary of 
                the Interior, in consultation with the Secretary of the 
                Treasury.
                    (C) 1 member shall be appointed by the Interagency 
                Group on Freely Associated States established under 
                section 1408(d)(1).
            (3) Reappointment.--A United States member of the Committee 
        appointed under paragraph (2) may be reappointed for not more 
        than 2 additional 2-year terms.
            (4) Qualifications.--Not fewer than 2 United States members 
        of the Committee appointed under paragraph (2) shall be 
        individuals who--
                    (A) by reason of knowledge, experience, or 
                training, are especially qualified in accounting, 
                auditing, budget analysis, compliance, grant 
                administration, program management, or international 
                economics; and
                    (B) possess not less than 5 years of full-time 
                experience in accounting, auditing, budget analysis, 
                compliance, grant administration, program management, 
                or international economics.
            (5) Notice.--
                    (A) In general.--Not later than 90 days after the 
                date of appointment of a United States member of the 
                Committee under paragraph (2), the Secretary of the 
                Interior shall notify the appropriate committees of 
                Congress that an individual has been appointed as a 
                voting member of the Committee under that paragraph, 
                including a statement prepared by the Secretary of the 
                Interior attesting to the qualifications of the member 
                described in paragraph (4), subject to subparagraph 
                (B).
                    (B) Requirement.--For purposes of a statement 
                required under subparagraph (A)--
                            (i) in the case of a member appointed under 
                        paragraph (2)(A), the Secretary of the Interior 
                        shall compile information on the member 
                        provided to the Secretary of the Interior by 
                        the Secretary of State on request of the 
                        Secretary of the Interior; and
                            (ii) in the case of a member appointed 
                        under paragraph (2)(C), the Secretary of the 
                        Interior shall compile information on the 
                        member provided to the Secretary of the 
                        Interior by the Interagency Group on Freely 
                        Associated States established under section 
                        1408(d)(1) on request of the Secretary of the 
                        Interior.
            (6) Reports to congress.--Not later than 90 days after the 
        date on which the Committee receives or completes any report 
        required under the 2023 Amended U.S.-FSM Compact, or any 
        related subsidiary agreement, the Secretary of the Interior 
        shall submit the report to the appropriate committees of 
        Congress.
            (7) Notice to congress.--Not later than 90 days after the 
        date on which the Government of the Federated States of 
        Micronesia submits to the Committee a report required under the 
        2023 Amended U.S.-FSM Compact, or any related subsidiary 
        agreement, the Secretary of the Interior shall submit to the 
        appropriate committees of Congress--
                    (A) if the report is submitted by the applicable 
                deadline, written notice attesting that the report is 
                complete and accurate; or
                    (B) if the report is not submitted by the 
                applicable deadline, written notice that the report has 
                not been timely submitted.
    (c) United States Appointees to Joint Trust Fund Committee.--
            (1) In general.--The 3 United States voting members (which 
        are composed of the United States chair and 2 other members 
        from the Government of the United States) to the Joint Trust 
        Fund Committee established pursuant to the agreement described 
        in section 462(b)(5) of the 2023 Amended U.S.-FSM Compact 
        (referred to in this subsection as the ``Committee'') shall 
        continue to be officers or employees of the Federal Government.
            (2) Term; appointment.--The 3 United States members of the 
        Committee described in paragraph (1) shall be appointed for a 
        term not more than 2 years as follows:
                    (A) 1 member shall be appointed by the Secretary of 
                State.
                    (B) 1 member shall be appointed by the Secretary of 
                the Interior.
                    (C) 1 member shall be appointed by the Secretary of 
                the Treasury.
            (3) Reappointment.--A United States member of the Committee 
        appointed under paragraph (2) may be reappointed for not more 
        than 2 additional 2-year terms.
            (4) Qualifications.--Not fewer than 2 members of the 
        Committee appointed under paragraph (2) shall be individuals 
        who--
                    (A) by reason of knowledge, experience, or 
                training, are especially qualified in accounting, 
                auditing, budget analysis, compliance, financial 
                investment, grant administration, program management, 
                or international economics; and
                    (B) possess not less than 5 years of full-time 
                experience in accounting, auditing, budget analysis, 
                compliance, financial investment, grant administration, 
                program management, or international economics.
            (5) Notice.--
                    (A) In general.--Not later than 90 days after the 
                date of appointment of a United States member to the 
                Committee under paragraph (2), the Secretary of the 
                Interior shall notify the appropriate committees of 
                Congress that an individual has been appointed as a 
                voting member of the Committee under that paragraph, 
                including a statement attesting to the qualifications 
                of the member described in paragraph (4), subject to 
                subparagraph (B).
                    (B) Requirement.--For purposes of a statement 
                required under subparagraph (A)--
                            (i) in the case of a member appointed under 
                        paragraph (2)(A), the Secretary of the Interior 
                        shall compile information on the member 
                        provided to the Secretary of the Interior by 
                        the Secretary of State on request of the 
                        Secretary of the Interior; and
                            (ii) in the case of a member appointed 
                        under paragraph (2)(C), the Secretary of the 
                        Interior shall compile information on the 
                        member provided to the Secretary of the 
                        Interior by the Secretary of the Treasury on 
                        request of the Secretary of the Interior.
            (6) Reports to congress.--Not later than 90 days after the 
        date on which the Committee receives or completes any report 
        required under the 2023 Amended U.S.-FSM Compact, or any 
        related subsidiary agreement, the Secretary of the Interior 
        shall submit the report to the appropriate committees of 
        Congress.
            (7) Notice to congress.--Not later than 90 days after the 
        date on which the Government of the Federated States of 
        Micronesia submits to the Committee a report required under the 
        2023 Amended U.S.-FSM Compact, or any related subsidiary 
        agreement, the Secretary of the Interior shall submit to the 
        appropriate committees of Congress--
                    (A) if the report is submitted by the applicable 
                deadline, written notice attesting that the report is 
                complete and accurate; or
                    (B) if the report is not submitted by the 
                applicable deadline, written notice that the report has 
                not been timely submitted.

SEC. 1406. AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO THE REPUBLIC 
              OF THE MARSHALL ISLANDS.

    (a) Law Enforcement Assistance.--
            (1) In general.--Pursuant to sections 222 and 224 of the 
        2023 Amended U.S.-RMI Compact, the United States shall provide 
        nonreimbursable technical and training assistance, as 
        appropriate, including training and equipment for postal 
        inspection of illicit drugs and other contraband, to enable the 
        Government of the Republic of the Marshall Islands--
                    (A) to develop and adequately enforce laws of the 
                Marshall Islands; and
                    (B) to cooperate with the United States in the 
                enforcement of criminal laws of the United States.
            (2) Use of appropriated funds.--Funds appropriated pursuant 
        to subsection (j) of section 105 of the Compact of Free 
        Association Amendments Act of 2003 (48 U.S.C. 1921d) (as 
        amended by section 1409(j)) may be used in accordance with 
        section 103(a) of the Compact of Free Association Amendments 
        Act of 2003 (48 U.S.C. 1921b(a)).
    (b) Espousal Provisions.--
            (1) In general.--Congress reaffirms that--
                    (A) section 103(g)(1) of the Compact of Free 
                Association Act of 1985 (48 U.S.C. 1903(g)(1)) and 
                section 103(e)(1) of the Compact of Free Association 
                Amendments Act of 2003 (48 U.S.C. 1921b(e)(1)) provided 
                that ``It is the intention of the Congress of the 
                United States that the provisions of section 177 of the 
                Compact of Free Association and the Agreement between 
                the Government of the United States and the Government 
                of the Marshall Islands for the Implementation of 
                Section 177 of the Compact (hereafter in this 
                subsection referred to as the `Section 177 Agreement') 
                constitute a full and final settlement of all claims 
                described in Articles X and XI of the Section 177 
                Agreement, and that any such claims be terminated and 
                barred except insofar as provided for in the Section 
                177 Agreement.''; and
                    (B) section 103(g)(2) of the Compact of Free 
                Association Act of 1985 (48 U.S.C. 1903(g)(2)) and 
                section 103(e)(2) of the Compact of Free Association 
                Amendments Act of 2003 (48 U.S.C. 1921b(e)(2)) provided 
                that ``In furtherance of the intention of Congress as 
                stated in paragraph (1) of this subsection, the Section 
                177 Agreement is hereby ratified and approved. It is 
                the explicit understanding and intent of Congress that 
                the jurisdictional limitations set forth in Article XII 
                of such Agreement are enacted solely and exclusively to 
                accomplish the objective of Article X of such Agreement 
                and only as a clarification of the effect of Article X, 
                and are not to be construed or implemented separately 
                from Article X.''.
            (2) Effect.--Nothing in the 2023 Agreement to Amend the 
        U.S.-RMI Compact affects the application of the provisions of 
        law reaffirmed by paragraph (1).
    (c) Certain Section 177 Agreement Provisions.--Congress reaffirms 
that--
            (1) Article IX of the Agreement Between the Government of 
        the United States and the Government of the Marshall Islands 
        for the Implementation of Section 177 of the Compact of Free 
        Association, done at Majuro June 25, 1983, provided that ``If 
        loss or damage to property and person of the citizens of the 
        Marshall Islands, resulting from the Nuclear Testing Program, 
        arises or is discovered after the effective date of this 
        Agreement, and such injuries were not and could not reasonably 
        have been identified as of the effective date of this 
        Agreement, and if such injuries render the provisions of this 
        Agreement manifestly inadequate, the Government of the Marshall 
        Islands may request that the Government of the United States 
        provide for such injuries by submitting such a request to the 
        Congress of the United States for its consideration. It is 
        understood that this Article does not commit the Congress of 
        the United States to authorize and appropriate funds.''; and
            (2) section 3(a) of Article XIII of the agreement described 
        in paragraph (1) provided that ``The Government of the United 
        States and the Government of the Marshall Islands shall consult 
        at the request of either of them on matters relating to the 
        provisions of this Agreement.''.
    (d) United States Appointees to Joint Economic Management and 
Financial Accountability Committee.--
            (1) In general.--The 2 United States appointees (which are 
        composed of the United States chair and 1 other member from the 
        Government of the United States) to the Joint Economic 
        Management and Financial Accountability Committee established 
        under section 214 of the 2003 Amended U.S.-RMI Compact 
        (referred to in this subsection as the ``Committee'') shall--
                    (A) be voting members of the Committee; and
                    (B) continue to be officers or employees of the 
                Federal Government.
            (2) Term; appointment.--The 2 United States members of the 
        Committee described in paragraph (1) shall be appointed for a 
        term of 2 years as follows:
                    (A) 1 member shall be appointed by the Secretary of 
                State, in consultation with the Secretary of the 
                Treasury.
                    (B) 1 member shall be appointed by the Secretary of 
                the Interior, in consultation with the Secretary of the 
                Treasury.
            (3) Reappointment.--A United States member of the Committee 
        appointed under paragraph (2) may be reappointed for not more 
        than 2 additional 2-year terms.
            (4) Qualifications.--At least 1 United States member of the 
        Committee appointed under paragraph (2) shall be an individual 
        who--
                    (A) by reason of knowledge, experience, or 
                training, is especially qualified in accounting, 
                auditing, budget analysis, compliance, grant 
                administration, program management, or international 
                economics; and
                    (B) possesses not less than 5 years of full-time 
                experience in accounting, auditing, budget analysis, 
                compliance, grant administration, program management, 
                or international economics.
            (5) Notice.--
                    (A) In general.--Not later than 90 days after the 
                date of appointment of a United States member under 
                paragraph (2), the Secretary of the Interior shall 
                notify the appropriate committees of Congress that an 
                individual has been appointed as a voting member of the 
                Committee under that paragraph, including a statement 
                attesting to the qualifications of the member described 
                in paragraph (4), subject to subparagraph (B).
                    (B) Requirement.--For purposes of a statement 
                required under subparagraph (A), in the case of a 
                member appointed under paragraph (2)(A), the Secretary 
                of the Interior shall compile information on the member 
                provided to the Secretary of the Interior by the 
                Secretary of State on request of the Secretary of the 
                Interior.
            (6) Reports to congress.--Not later than 90 days after the 
        date on which the Committee receives or completes any report 
        required under the 2023 Amended U.S.-RMI Compact, or any 
        related subsidiary agreement, the Secretary of the Interior 
        shall submit the report to the appropriate committees of 
        Congress.
            (7) Notice to congress.--Not later than 90 days after the 
        date on which the Government of the Republic of the Marshall 
        Islands submits to the Committee a report required under the 
        2023 Amended U.S.-RMI Compact, or any related subsidiary 
        agreement, the Secretary of the Interior shall submit to the 
        appropriate committees of Congress--
                    (A) if the report is submitted by the applicable 
                deadline, written notice attesting that the report is 
                complete and accurate; or
                    (B) if the report is not submitted by the 
                applicable deadline, written notice that the report has 
                not been timely submitted.
    (e) United States Appointees to Trust Fund Committee.--
            (1) In general.--The 3 United States voting members (which 
        are composed of the United States chair and 2 other members 
        from the Government of the United States) to the Trust Fund 
        Committee established pursuant to the agreement described in 
        section 462(b)(5) of the 2003 Amended U.S.-RMI Compact 
        (referred to in this subsection as the ``Committee'') shall 
        continue to be officers or employees of the Federal Government.
            (2) Term; appointment.--The 3 United States members of the 
        Committee described in paragraph (1) shall be appointed for a 
        term not more than 5 years as follows:
                    (A) 1 member shall be appointed by the Secretary of 
                State.
                    (B) 1 member shall be appointed by the Secretary of 
                the Interior.
                    (C) 1 member shall be appointed by the Secretary of 
                the Treasury.
            (3) Reappointment.--A United States member of the Committee 
        appointed under paragraph (2) may be reappointed for not more 
        than 2 additional 2-year terms.
            (4) Qualifications.--Not fewer than 2 members of the 
        Committee appointed under paragraph (2) shall be individuals 
        who--
                    (A) by reason of knowledge, experience, or 
                training, are especially qualified in accounting, 
                auditing, budget analysis, compliance, financial 
                investment, grant administration, program management, 
                or international economics; and
                    (B) possess not less than 5 years of full-time 
                experience in accounting, auditing, budget analysis, 
                compliance, financial investment, grant administration, 
                program management, or international economics.
            (5) Notice.--
                    (A) In general.--Not later than 90 days after the 
                date of appointment of a United States Member under 
                paragraph (2), the Secretary of the Interior shall 
                notify the appropriate committees of Congress that an 
                individual has been appointed as a voting member of the 
                Committee under that paragraph, including a statement 
                attesting to the qualifications of the appointee 
                described in paragraph (4), subject to subparagraph 
                (B).
                    (B) Requirement.--For purposes of a statement 
                required under subparagraph (A)--
                            (i) in the case of a member appointed under 
                        paragraph (2)(A), the Secretary of the Interior 
                        shall compile information on the member 
                        provided to the Secretary of the Interior by 
                        the Secretary of State on request of the 
                        Secretary of the Interior; and
                            (ii) in the case of a member appointed 
                        under paragraph (2)(C), the Secretary of the 
                        Interior shall compile information on the 
                        member provided to the Secretary of the 
                        Interior by the Secretary of the Treasury on 
                        request of the Secretary of the Interior.
            (6) Reports to congress.--Not later than 90 days after the 
        date on which the Committee receives or completes any report 
        required under the 2023 Amended U.S.-RMI Compact, or any 
        related subsidiary agreement, the Secretary of the Interior 
        shall submit the report to the appropriate committees of 
        Congress.
            (7) Notice to congress.--Not later than 90 days after the 
        date on which the Government of the Republic of the Marshall 
        Islands submits to the Committee a report required under the 
        2023 Amended U.S.-RMI Compact, or any related subsidiary 
        agreement, the Secretary of the Interior shall submit to the 
        appropriate committees of Congress--
                    (A) if the report is submitted by the applicable 
                deadline, written notice attesting that the report is 
                complete and accurate; or
                    (B) if the report is not submitted by the 
                applicable deadline, written notice that the report has 
                not been timely submitted.
    (f) Four Atoll Health Care Program.--Congress reaffirms that--
            (1) section 103(j)(1) of the Compact of Free Association 
        Act of 1985 (48 U.S.C. 1903(j)(1)) and section 103(h)(1) of the 
        Compact of Free Association Amendments Act of 2003 (48 U.S.C. 
        1921b(h)(1)) provided that services ``provided by the United 
        States Public Health Service or any other United States agency 
        pursuant to section 1(a) of Article II of the Agreement for the 
        Implementation of Section 177 of the Compact (hereafter in this 
        subsection referred to as the `Section 177 Agreement') shall be 
        only for services to the people of the Atolls of Bikini, 
        Enewetak, Rongelap, and Utrik who were affected by the 
        consequences of the United States nuclear testing program, 
        pursuant to the program described in Public Law 95-134 and 
        Public Law 96-205 and their descendants (and any other persons 
        identified as having been so affected if such identification 
        occurs in the manner described in such public laws). Nothing in 
        this subsection shall be construed as prejudicial to the views 
        or policies of the Government of the Marshall Islands as to the 
        persons affected by the consequences of the United States 
        nuclear testing program.'';
            (2) section 103(j)(2) of the Compact of Free Association 
        Act of 1985 (48 U.S.C. 1903(j)(2)) and section 103(h)(2) of the 
        Compact of Free Association Amendments Act of 2003 (48 U.S.C. 
        1921b(h)(2)) provided that ``at the end of the first year after 
        the effective date of the Compact and at the end of each year 
        thereafter, the providing agency or agencies shall return to 
        the Government of the Marshall Islands any unexpended funds to 
        be returned to the Fund Manager (as described in Article I of 
        the Section 177 Agreement) to be covered into the Fund to be 
        available for future use.''; and
            (3) section 103(j)(3) of the Compact of Free Association 
        Act of 1985 (48 U.S.C. 1903(j)(3)) and section 103(h)(3) of the 
        Compact of Free Association Amendments Act of 2003 (48 U.S.C. 
        1921b(h)(3)) provided that ``the Fund Manager shall retain the 
        funds returned by the Government of the Marshall Islands 
        pursuant to paragraph (2) of this subsection, shall invest and 
        manage such funds, and at the end of 15 years after the 
        effective date of the Compact, shall make from the total amount 
        so retained and the proceeds thereof annual disbursements 
        sufficient to continue to make payments for the provision of 
        health services as specified in paragraph (1) of this 
        subsection to such extent as may be provided in contracts 
        between the Government of the Marshall Islands and appropriate 
        United States providers of such health services.''.
    (g) Radiological Health Care Program.--Notwithstanding any other 
provision of law, on the request of the Government of the Republic of 
the Marshall Islands, the President (through an appropriate department 
or agency of the United States) shall continue to provide special 
medical care and logistical support for the remaining members of the 
population of Rongelap and Utrik who were exposed to radiation 
resulting from the 1954 United States thermonuclear ``Bravo'' test, 
pursuant to Public Law 95-134 (91 Stat. 1159) and Public Law 96-205 (94 
Stat. 84).
    (h) Agricultural and Food Programs.--
            (1) In general.--Congress reaffirms that--
                    (A) section 103(h)(2) of the Compact of Free 
                Association Act of 1985 (48 U.S.C. 1903(h)(2)) and 
                section 103(f)(2)(A) of the Compact of Free Association 
                Amendments Act of 2003 (48 U.S.C. 1921b(f)(2)(A)) 
                provided that notwithstanding ``any other provision of 
                law, upon the request of the Government of the Marshall 
                Islands, for the first fifteen years after the 
                effective date of the Compact, the President (either 
                through an appropriate department or agency of the 
                United States or by contract with a United States firm 
                or by a grant to the Government of the Republic of the 
                Marshall Islands which may further contract only with a 
                United States firm or a Republic of the Marshall 
                Islands firm, the owners, officers and majority of the 
                employees of which are citizens of the United States or 
                the Republic of the Marshall Islands) shall provide 
                technical and other assistance without reimbursement, 
                to continue the planting and agricultural maintenance 
                program on Enewetak; without reimbursement, to continue 
                the food programs of the Bikini, Rongelap, Utrik, and 
                Enewetak people described in section 1(d) of Article II 
                of the Subsidiary Agreement for the Implementation of 
                Section 177 of the Compact and for continued waterborne 
                transportation of agricultural products to Enewetak 
                including operations and maintenance of the vessel used 
                for such purposes.'';
                    (B) section 103(h)(2) of the Compact of Free 
                Association Act of 1985 (48 U.S.C. 1903(h)(2)) and 
                section 103(f)(2)(B) of the Compact of Free Association 
                Amendments Act of 2003 (48 U.S.C. 1921b(f)(2)(B)) 
                provided that ``The President shall ensure the 
                assistance provided under these programs reflects the 
                changes in the population since the inception of such 
                programs.''; and
                    (C) section 103(h)(3) of the Compact of Free 
                Association Act of 1985 (48 U.S.C. 1903(h)(3)) and 
                section 103(f)(3) of the Compact of Free Association 
                Amendments Act of 2003 (48 U.S.C. 1921b(f)(3)) provided 
                that ``payments under this subsection shall be provided 
                to such extent or in such amounts as are necessary for 
                services and other assistance provided pursuant to this 
                subsection. It is the sense of Congress that after the 
                periods of time specified in paragraphs (1) and (2) of 
                this subsection, consideration will be given to such 
                additional funding for these programs as may be 
                necessary.''.
            (2) Planting and agricultural maintenance program.--The 
        Secretary of the Interior may provide grants to the Government 
        of the Republic of the Marshall Islands to carry out a planting 
        and agricultural maintenance program on Bikini, Enewetak, 
        Rongelap, and Utrik.
            (3) Food programs.--The Secretary of Agriculture may 
        provide, without reimbursement, food programs to the people of 
        the Republic of the Marshall Islands.

SEC. 1407. AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO THE REPUBLIC 
              OF PALAU.

    (a) Bilateral Economic Consultations.--United States participation 
in the annual economic consultations referred to in Article 8 of the 
2023 U.S.-Palau Compact Review Agreement shall be by officers or 
employees of the Federal Government.
    (b) Economic Advisory Group.--
            (1) Qualifications.--A member of the Economic Advisory 
        Group described in Article 7 of the 2023 U.S.-Palau Compact 
        Review Agreement (referred to in this subsection as the 
        ``Advisory Group'') who is appointed by the Secretary of the 
        Interior shall be an individual who, by reason of knowledge, 
        experience, or training, is especially qualified in private 
        sector business development, economic development, or national 
        development.
            (2) Funds.--With respect to the Advisory Group, the 
        Secretary of the Interior may use available funds for--
                    (A) the costs of the 2 members of the advisory 
                group designated by the United States in accordance 
                with Article 7 of the 2023 U.S.-Palau Compact Review 
                Agreement;
                    (B) 50 percent of the costs of the 5th member of 
                the Advisory Group designated by the Secretary of the 
                Interior in accordance with the Article described in 
                subparagraph (A); and
                    (C) the costs of--
                            (i) technical and administrative assistance 
                        for the Advisory Group; and
                            (ii) other support necessary for the 
                        Advisory Group to accomplish the purpose of the 
                        Advisory Group.
            (3) Reports to congress.--Not later than 90 days after the 
        date on which the Advisory Group receives or completes any 
        report required under the 2023 U.S.-Palau Compact Review 
        Agreement, or any related subsidiary agreement, the Secretary 
        of the Interior shall submit the report to the appropriate 
        committees of Congress.
    (c) Reports to Congress.--
            (1) In general.--Not later than 90 days after the date on 
        which the Government of the Republic of Palau completes any 
        report required under the 2023 U.S.-Palau Compact Review 
        Agreement, or any related subsidiary agreement, the Secretary 
        of the Interior shall submit the report to the appropriate 
        committees of Congress.
            (2) Notice to congress.--Not later than 90 days after the 
        date on which the Government of the Republic of Palau submits a 
        report required under the 2023 U.S.-Palau Compact Review 
        Agreement, or any related subsidiary agreement, the Secretary 
        of the Interior shall submit to the appropriate committees of 
        Congress--
                    (A) if the report is submitted by the applicable 
                deadline, written notice attesting that the report is 
                complete and accurate; or
                    (B) if the report is not submitted by the 
                applicable deadline, written notice that the report has 
                not been timely submitted.

SEC. 1408. OVERSIGHT PROVISIONS.

    (a) Authorities and Duties of the Comptroller General of the United 
States.--
            (1) In general.--The Comptroller General of the United 
        States (including any duly authorized representative of the 
        Comptroller General of the United States) shall have the 
        authorities necessary to carry out the responsibilities of the 
        Comptroller General of the United States under--
                    (A) the 2023 Amended U.S.-FSM Compact and related 
                subsidiary agreements, including the authorities and 
                privileges described in section 102(b) of the Compact 
                of Free Association Amendments Act of 2003 (48 U.S.C. 
                1921a(b));
                    (B) the 2023 Amended U.S.-RMI Compact and related 
                subsidiary agreements, including the authorities and 
                privileges described in section 103(k) of the Compact 
                of Free Association Amendments Act of 2003 (48 U.S.C. 
                1921b(k)); and
                    (C) the 2023 U.S.-Palau Compact Review Agreement, 
                related subsidiary agreements, and the authorities 
                described in appendix D of the ``Agreement between the 
                Government of the United States of America and the 
                Government of the Republic of Palau Following the 
                Compact of Free Association Section 432 Review'' signed 
                by the United States and the Republic of Palau on 
                September 3, 2010.
            (2) Reports.--Not later than 18 months after the date of 
        the enactment of this Act, and every 4 years thereafter, the 
        Comptroller General of the United States shall submit to the 
        appropriate committees of Congress a report with respect to the 
        Freely Associated States, including addressing--
                    (A) the topics described in subparagraphs (A) 
                through (E) of section 104(h)(1) of the Compact of Free 
                Association Amendments Act of 2003 (48 U.S.C. 
                1921c(h)(1)), except that for purposes of a report 
                submitted under this paragraph, the report shall 
                address those topics with respect to each of the Freely 
                Associated States; and
                    (B) the effectiveness of administrative oversight 
                by the United States of the Freely Associated States.
    (b) Secretary of the Interior Oversight Authority.--The Secretary 
of the Interior shall have the authority necessary to fulfill the 
responsibilities for monitoring and managing the funds appropriated to 
the Compact of Free Association account of the Department of the 
Interior by section 1411(a) to carry out--
            (1) the 2023 Amended U.S.-FSM Compact;
            (2) the 2023 Amended U.S.-RMI Compact;
            (3) the 2023 U.S.-Palau Compact Review Agreement; and
            (4) subsidiary agreements.
    (c) Postmaster General Oversight Authority.--The Postmaster General 
shall have the authority necessary to fulfill the responsibilities for 
monitoring and managing the funds appropriated to the United States 
Postal Service under paragraph (1) of section 1411(b) and deposited in 
the Postal Service Fund under paragraph (2)(A) of that section to carry 
out--
            (1) section 221(a)(2) of the 2023 Amended U.S.-FSM Compact;
            (2) section 221(a)(2) of the 2023 Amended U.S.-RMI Compact;
            (3) section 221(a)(2) of the U.S.-Palau Compact; and
            (4) Article 6(a) of the 2023 U.S.-Palau Compact Review 
        Agreement.
    (d) Interagency Group on Freely Associated States.--
            (1) Establishment.--The President, in consultation with the 
        Secretary of State, the Secretary of the Interior, and the 
        Secretary of Defense, shall establish an Interagency Group on 
        Freely Associated States (referred to in this subsection as the 
        ``Interagency Group'').
            (2) Purpose.--The purposes of the Interagency Group are--
                    (A) to coordinate development and implementation of 
                executive branch policies, programs, services, and 
                other activities in or relating to the Freely 
                Associated States; and
                    (B) to provide policy guidance, recommendations, 
                and oversight to Federal agencies, departments, and 
                instrumentalities with respect to the implementation 
                of--
                            (i) the 2023 Amended U.S.-FSM Compact;
                            (ii) the 2023 Amended U.S.-RMI Compact; and
                            (iii) the 2023 U.S.-Palau Compact Review 
                        Agreement.
            (3) Membership.--The Interagency Group shall consist of--
                    (A) the Secretary of State, who shall serve as co-
                chair of the Interagency Group;
                    (B) the Secretary of the Interior, who shall serve 
                as co-chair of the Interagency Group;
                    (C) the Secretary of Defense;
                    (D) the Secretary of the Treasury;
                    (E) the heads of relevant Federal agencies, 
                departments, and instrumentalities carrying out 
                obligations under--
                            (i) sections 131 and 132 of the 2003 
                        Amended U.S.-FSM Compact and subsections (a) 
                        and (b) of section 221 and section 261 of the 
                        2023 Amended U.S.-FSM Compact;
                            (ii) sections 131 and 132 of the 2003 
                        Amended U.S.-RMI Compact and subsections (a) 
                        and (b) of section 221 and section 261 of the 
                        2023 Amended U.S.-RMI Compact;
                            (iii) sections 131 and 132 and subsections 
                        (a) and (b) of section 221 of the U.S.-Palau 
                        Compact;
                            (iv) Article 6 of the 2023 U.S.-Palau 
                        Compact Review Agreement;
                            (v) any applicable subsidiary agreement; 
                        and
                            (vi) section 1409; and
                    (F) the head of any other Federal agency, 
                department, or instrumentality that the Secretary of 
                State or the Secretary of the Interior may designate.
            (4) Duties of secretary of state and secretary of the 
        interior.--The Secretary of State (or a senior official 
        designee of the Secretary of State) and the Secretary of the 
        Interior (or a senior official designee of the Secretary of the 
        Interior) shall--
                    (A) co-lead and preside at a meeting of the 
                Interagency Group not less frequently than annually;
                    (B) determine, in consultation with the Secretary 
                of Defense, the agenda for meetings of the Interagency 
                Group; and
                    (C) facilitate and coordinate the work of the 
                Interagency Group.
            (5) Duties of the interagency group.--The Interagency Group 
        shall--
                    (A) provide advice on the establishment or 
                implementation of policies relating to the Freely 
                Associated States to the President, acting through the 
                Office of Intergovernmental Affairs, in the form of a 
                written report not less frequently than annually;
                    (B) obtain information and advice relating to the 
                Freely Associated States from the Presidents, other 
                elected officials, and members of civil society of the 
                Freely Associated States, including through the members 
                of the Interagency Group (including senior official 
                designees of the members) meeting not less frequently 
                than annually with any Presidents of the Freely 
                Associated States who elect to participate;
                    (C) at the request of the head of any Federal 
                agency (or a senior official designee of the head of a 
                Federal agency) who is a member of the Interagency 
                Group, promptly review and provide advice on a policy 
                or policy implementation action affecting 1 or more of 
                the Freely Associated States proposed by the Federal 
                agency, department, or instrumentality; and
                    (D) facilitate coordination of relevant policies, 
                programs, initiatives, and activities involving 1 or 
                more of the Freely Associated States, including 
                ensuring coherence and avoiding duplication between 
                programs, initiatives, and activities conducted 
                pursuant to a Compact with a Freely Associated State 
                and non-Compact programs, initiatives, and activities.
            (6) Reports.--Not later than 1 year after the date of the 
        enactment of this joint resolution and each year thereafter in 
        which a Compact of Free Association with a Freely Associated 
        State is in effect, the President shall submit to the majority 
        leader and minority leader of the Senate, the Speaker and 
        minority leader of the House of Representatives, and the 
        appropriate committees of Congress a report that describes the 
        activities and recommendations of the Interagency Group during 
        the applicable year.
    (e) Federal Agency Coordination.--The head of any Federal agency 
providing programs and services to the Federated States of Micronesia, 
the Republic of the Marshall Islands, or the Republic of Palau shall 
coordinate with the Secretary of the Interior and the Secretary of 
State regarding the provision of the programs and services.
    (f) Foreign Loans or Debt.--Congress reaffirms that--
            (1) the foreign loans or debt of the Government of the 
        Federated States of Micronesia, the Government of the Republic 
        of the Marshall Islands, or the Government of the Republic of 
        Palau shall not constitute an obligation of the United States; 
        and
            (2) the full faith and credit of the United States 
        Government shall not be pledged for the payment and performance 
        of any foreign loan or debt referred to in paragraph (1) 
        without specific further authorization.
    (g) Compact Compilation.--Not later than 180 days after the date of 
enactment of this joint resolution, the Secretary of the Interior shall 
submit a report to the appropriate committees of Congress that includes 
a compilation of the Compact of Free Association with the Federated 
State of Micronesia, the Compact of Free Association with the Republic 
of Palau, and the Compact of Free Association with Republic of the 
Marshall Islands.
    (h) Publication; Revision by Office of the Law Revision Counsel.--
            (1) Publication.--In publishing this joint resolution in 
        slip form and in the United States Statutes at Large pursuant 
        to section 112 of title 1, United States Code, the Archivist of 
        the United States shall include after the date of approval at 
        the end an appendix setting forth the text of--
                    (A) the 2023 Agreement to Amend the U.S.-FSM 
                Compact; and
                    (B) the 2023 Agreement to Amend the U.S.-RMI 
                Compact.
            (2) Revision by office of the law revision counsel.--The 
        Office of the Law Revision Counsel is directed to revise--
                    (A) the 2003 Amended U.S.-FSM Compact set forth in 
                the note following section 1921 of title 48, United 
                States Code, to reflect the amendments to the 2003 
                Amended U.S.-FSM Compact made by the 2023 Agreement to 
                Amend the U.S.-FSM Compact; and
                    (B) the 2003 Amended U.S.-RMI Compact set forth in 
                the note following section 1921 of title 48, United 
                States Code, to reflect the amendments to the 2003 
                Amended U.S.-RMI Compact made by the 2023 Agreement to 
                Amend the U.S.-RMI Compact.

SEC. 1409. UNITED STATES POLICY REGARDING THE FREELY ASSOCIATED STATES.

    (a) Authorization for Veterans' Services.--
            (1) Definition of freely associated states.--In this 
        subsection, the term ``Freely Associated States'' means--
                    (A) the Federated States of Micronesia, during such 
                time as it is a party to the Compact of Free 
                Association set forth in section 201 of the Compact of 
                Free Association Act of 1985 (Public Law 99-239; 48 
                U.S.C. 1901 note);
                    (B) the Republic of the Marshall Islands, during 
                such time as it is a party to the Compact of Free 
                Association set forth in section 201 of the Compact of 
                Free Association Act of 1985 (Public Law 99-239; 48 
                U.S.C. 1901 note); and
                    (C) the Republic of Palau, during such time as it 
                is a party to the Compact of Free Association between 
                the United States and the Government of Palau set forth 
                in section 201 of Joint Resolution entitled ``Joint 
                Resolution to approve the `Compact of Free Association' 
                between the United States and the Government of Palau, 
                and for other purposes'' (Public Law 99-658; 48 U.S.C. 
                1931 note).
            (2) Hospital care, medical services, and nursing home care 
        abroad.--Section 1724 of title 38, United States Code, is 
        amended--
                    (A) in subsection (a), by striking ``subsections 
                (b) and (c)'' and inserting ``subsections (b), (c), and 
                (f)''; and
                    (B) by adding at the end the following:
    ``(f)(1)(A) The Secretary may furnish hospital care and medical 
services in the Freely Associated States, subject to agreements the 
Secretary shall enter into with the governments of the Freely 
Associated States as described in section 2009(a)(4)(A) of the Compact 
of Free Association Amendments Act of 2024, and subject to subparagraph 
(B), to a veteran who is otherwise eligible to receive hospital care 
and medical services.
    ``(B) The agreements described in subparagraph (A) shall 
incorporate, to the extent practicable, the applicable laws of the 
Freely Associated States and define the care and services that can be 
legally provided by the Secretary in the Freely Associated States.
    ``(2) In furnishing hospital care and medical services under 
paragraph (1), the Secretary may furnish hospital care and medical 
services through--
            ``(A) contracts or other agreements;
            ``(B) reimbursement; or
            ``(C) the direct provision of care by health care personnel 
        of the Department.
    ``(3) In furnishing hospital care and medical services under 
paragraph (1), the Secretary may furnish hospital care and medical 
services for any condition regardless of whether the condition is 
connected to the service of the veteran in the Armed Forces.
    ``(4)(A) A veteran who has received hospital care or medical 
services in a country pursuant to this subsection shall remain 
eligible, to the extent determined advisable and practicable by the 
Secretary, for hospital care or medical services in that country 
regardless of whether the country continues to qualify as a Freely 
Associated State for purposes of this subsection.
    ``(B) If the Secretary determines it is no longer advisable or 
practicable to allow veterans described in subparagraph (A) to remain 
eligible for hospital care or medical services pursuant to such 
subparagraph, the Secretary shall--
            ``(i) provide direct notice of that determination to such 
        veterans; and
            ``(ii) publish that determination and the reasons for that 
        determination in the Federal Register.
    ``(5) In this subsection, the term `Freely Associated States' 
means--
            ``(A) the Federated States of Micronesia, during such time 
        as it is a party to the Compact of Free Association set forth 
        in section 201 of the Compact of Free Association Act of 1985 
        (Public Law 99-239; 48 U.S.C. 1901 note);
            ``(B) the Republic of the Marshall Islands, during such 
        time as it is a party to the Compact of Free Association set 
        forth in section 201 of the Compact of Free Association Act of 
        1985 (Public Law 99-239; 48 U.S.C. 1901 note); and
            ``(C) the Republic of Palau, during such time as it is a 
        party to the Compact of Free Association between the United 
        States and the Government of Palau set forth in section 201 of 
        Joint Resolution entitled `Joint Resolution to approve the 
        ``Compact of Free Association'' between the United States and 
        the Government of Palau, and for other purposes' (Public Law 
        99-658; 48 U.S.C. 1931 note).''.
            (3) Beneficiary travel.--Section 111 of title 38, United 
        States Code, is amended by adding at the end the following:
    ``(h)(1) Notwithstanding any other provision of law, the Secretary 
may make payments to or for any person traveling in, to, or from the 
Freely Associated States for receipt of care or services authorized to 
be legally provided by the Secretary in the Freely Associated States 
under section 1724(f)(1) of this title.
    ``(2) A person who has received payment for travel in a country 
pursuant to this subsection shall remain eligible for payment for such 
travel in that country regardless of whether the country continues to 
qualify as a Freely Associated State for purposes of this subsection.
    ``(3) The Secretary shall prescribe regulations to carry out this 
subsection.
    ``(4) In this subsection, the term `Freely Associated States' 
means--
            ``(A) the Federated States of Micronesia, during such time 
        as it is a party to the Compact of Free Association set forth 
        in section 201 of the Compact of Free Association Act of 1985 
        (Public Law 99-239; 48 U.S.C. 1901 note);
            ``(B) the Republic of the Marshall Islands, during such 
        time as it is a party to the Compact of Free Association set 
        forth in section 201 of the Compact of Free Association Act of 
        1985 (Public Law 99-239; 48 U.S.C. 1901 note); and
            ``(C) the Republic of Palau, during such time as it is a 
        party to the Compact of Free Association between the United 
        States and the Government of Palau set forth in section 201 of 
        Joint Resolution entitled `Joint Resolution to approve the 
        ``Compact of Free Association'' between the United States and 
        the Government of Palau, and for other purposes' (Public Law 
        99-658; 48 U.S.C. 1931 note).''.
            (4) Legal issues.--
                    (A) Agreements to furnish care and services.--
                            (i) In general.--Before delivering hospital 
                        care or medical services under subsection (f) 
                        of section 1724 of title 38, United States 
                        Code, as added by paragraph (2)(B), the 
                        Secretary of Veterans Affairs, in consultation 
                        with the Secretary of State, shall enter into 
                        agreements with the governments of the Freely 
                        Associated States to--
                                    (I) facilitate the furnishing of 
                                health services, including telehealth, 
                                under the laws administered by the 
                                Secretary of Veterans Affairs, to 
                                veterans in the Freely Associated 
                                States, such as by addressing--
                                            (aa) licensure, 
                                        certification, registration, 
                                        and tort issues relating to 
                                        health care personnel;
                                            (bb) the scope of health 
                                        services the Secretary may 
                                        furnish, as well as the means 
                                        for furnishing such services; 
                                        and
                                            (cc) matters relating to 
                                        delivery of pharmaceutical 
                                        products and medical surgical 
                                        products, including delivery of 
                                        such products through the 
                                        Consolidated Mail Outpatient 
                                        Pharmacy of the Department of 
                                        Veterans Affairs, to the Freely 
                                        Associated States;
                                    (II) clarify the authority of the 
                                Secretary of Veterans Affairs to pay 
                                for tort claims as set forth under 
                                subparagraph (C); and
                                    (III) clarify authority and 
                                responsibility on any other matters 
                                determined relevant by the Secretary of 
                                Veterans Affairs or the governments of 
                                the Freely Associated States.
                            (ii) Scope of agreements.--The agreements 
                        described in clause (i) shall incorporate, to 
                        the extent practicable, the applicable laws of 
                        the Freely Associated States and define the 
                        care and services that can be legally provided 
                        by the Secretary of Veterans Affairs in the 
                        Freely Associated States.
                            (iii) Report to congress.--
                                    (I) In general.--Not later than 90 
                                days after entering into an agreement 
                                described in clause (i), the Secretary 
                                of Veterans Affairs shall submit the 
                                agreement to the appropriate committees 
                                of Congress.
                                    (II) Appropriate committees of 
                                congress defined.--In this clause, the 
                                term ``appropriate committees of 
                                Congress'' means--
                                            (aa) the Committee on 
                                        Energy and Natural Resources, 
                                        the Committee on Foreign 
                                        Relations, and the Committee on 
                                        Veterans' Affairs of the 
                                        Senate; and
                                            (bb) the Committee on 
                                        Natural Resources, the 
                                        Committee on Foreign Affairs, 
                                        and the Committee on Veterans' 
                                        Affairs of the House of 
                                        Representatives.
                    (B) Licensure of health care professionals 
                providing treatment via telemedicine in the freely 
                associated states.--Section 1730C(a) of title 38, 
                United States Code, is amended by striking ``any 
                State'' and inserting ``any State or any of the Freely 
                Associated States (as defined in section 1724(f) of 
                this title)''.
                    (C) Payment of claims.--The Secretary of Veterans 
                Affairs may pay tort claims, in the manner authorized 
                in the first paragraph of section 2672 of title 28, 
                United States Code, when such claims arise in the 
                Freely Associated States in connection with furnishing 
                hospital care or medical services or providing medical 
                consultation or medical advice to a veteran under the 
                laws administered by the Secretary, including through a 
                remote or telehealth program.
            (5) Outreach and assessment of options.--During the 1-year 
        period beginning on the date of enactment of this joint 
        resolution, the Secretary of Veterans Affairs shall, subject to 
        the availability of appropriations--
                    (A) conduct robust outreach to, and engage with, 
                each government of the Freely Associated States;
                    (B) assess options for the delivery of care through 
                the use of authorities provided pursuant to the 
                amendments made by this subsection; and
                    (C) increase staffing as necessary to conduct 
                outreach under subparagraph (A).
    (b) Authorization of Education Programs.--
            (1) Eligibility.--For fiscal year 2024 and each fiscal year 
        thereafter, the Government of the United States shall--
                    (A) continue to make available to the Federated 
                States of Micronesia, the Republic of the Marshall 
                Islands, and the Republic of Palau, grants for services 
                to individuals eligible for such services under part B 
                of the Individuals with Disabilities Education Act (20 
                U.S.C. 1411 et seq.) to the extent that those services 
                continue to be available to individuals in the United 
                States;
                    (B) continue to make available to the Federated 
                States of Micronesia and the Republic of the Marshall 
                Islands and make available to the Republic of Palau, 
                competitive grants under the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6301 et seq.), the 
                Carl D. Perkins Career and Technical Education Act of 
                2006 (20 U.S.C. 2301 et seq.), and part D of the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1450 et seq.), to the extent that those grants continue 
                to be available to State and local governments in the 
                United States;
                    (C) continue to make grants available to the 
                Republic of Palau under part A of title I of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311 et seq.), the Adult Education and Family 
                Literacy Act (29 U.S.C. 3271 et seq.), and the Carl D. 
                Perkins Career and Technical Education Act of 2006 (20 
                U.S.C. 2301 et seq.);
                    (D) continue to make available to eligible 
                institutions of higher education in the Republic of 
                Palau and make available to eligible institutions of 
                higher education in the Federated States of Micronesia 
                and the Republic of the Marshall Islands and to 
                students enrolled in those institutions of higher 
                education, and to students who are citizens of the 
                Federated States of Micronesia, the Republic of the 
                Marshall Islands, and the Republic of Palau and 
                enrolled in institutions of higher education in the 
                United States and territories of the United States, 
                grants under--
                            (i) subpart 1 of part A of title IV of the 
                        Higher Education Act of 1965 (20 U.S.C. 1070a 
                        et seq.);
                            (ii) subpart 3 of part A of title IV of the 
                        Higher Education Act of 1965 (20 U.S.C. 1070b 
                        et seq.); and
                            (iii) part C of title IV of the Higher 
                        Education Act of 1965 (20 U.S.C. 1087-51 et 
                        seq.);
                    (E) require, as a condition of eligibility for a 
                public institution of higher education in any State (as 
                defined in section 103 of the Higher Education Act of 
                1965 (20 U.S.C. 1003)) that is not a Freely Associated 
                State to participate in or receive funds under any 
                program under title IV of such Act (20 U.S.C. 1070 et 
                seq.), that the institution charge students who are 
                citizens of the Federated States of Micronesia, the 
                Republic of the Marshall Islands, or the Republic of 
                Palau tuition for attendance at a rate that is not 
                greater than the rate charged for residents of the 
                State in which such public institution of higher 
                education is located; and
                    (F) continue to make available, to eligible 
                institutions of higher education, secondary schools, 
                and nonprofit organizations in the Federated States of 
                Micronesia, the Republic of the Marshall Islands, and 
                the Republic of Palau, competitive grants under the 
                Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
            (2) Other formula grants.--Except as provided in paragraph 
        (1), the Secretary of Education shall not make a grant under 
        any formula grant program administered by the Department of 
        Education to the Federated States of Micronesia, the Republic 
        of the Marshall Islands, or the Republic of Palau.
            (3) Grants to the freely associated states under part b of 
        the individuals with disabilities education act.--Section 
        611(b)(1) of the Individuals with Disabilities Education Act 
        (20 U.S.C. 1411(b)(1)) is amended by striking subparagraph (A) 
        and inserting the following:
                    ``(A) Funds reserved.--From the amount appropriated 
                for any fiscal year under subsection (i), the Secretary 
                shall reserve not more than 1 percent, which shall be 
                used as follows:
                            ``(i) To provide assistance to the outlying 
                        areas in accordance with their respective 
                        populations of individuals aged 3 through 21.
                            ``(ii)(I) To provide each freely associated 
                        State a grant so that no freely associated 
                        State receives a lesser share of the total 
                        funds reserved for the freely associated State 
                        than the freely associated State received of 
                        those funds for fiscal year 2023.
                            ``(II) Each freely associated State shall 
                        establish its eligibility under this 
                        subparagraph consistent with the requirements 
                        for a State under section 612.
                            ``(III) The funds provided to each freely 
                        associated State under this part may be used to 
                        provide, to each infant or toddler with a 
                        disability (as defined in section 632), either 
                        a free appropriate public education, consistent 
                        with section 612, or early intervention 
                        services consistent with part C, 
                        notwithstanding the application and eligibility 
                        requirements of sections 634(2), 635, and 
                        637.''.
            (4) Technical amendments to the elementary and secondary 
        education act of 1965.--The Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6301 et seq.) is amended--
                    (A) by striking subparagraph (A) of section 
                1121(b)(1) (20 U.S.C. 6331(b)(1)) and inserting the 
                following:
                    ``(A) first reserve $1,000,000 for the Republic of 
                Palau, subject to such terms and conditions as the 
                Secretary may establish, except that Public Law 95-134, 
                permitting the consolidation of grants, shall not 
                apply; and''; and
                    (B) in section 8101 (20 U.S.C. 7801), by amending 
                paragraph (36) to read as follows:
            ``(36) Outlying area.--The term `outlying area'--
                    ``(A) means American Samoa, the Commonwealth of the 
                Northern Mariana Islands, Guam, and the United States 
                Virgin Islands; and
                    ``(B) for the purpose of any discretionary grant 
                program under this Act, includes the Republic of the 
                Marshall Islands, the Federated States of Micronesia, 
                and the Republic of Palau, to the extent that any such 
                grant program continues to be available to State and 
                local governments in the United States.''.
            (5) Technical amendment to the compact of free association 
        amendments act of 2003.--Section 105(f)(1)(B) of the Compact of 
        Free Association Amendments Act of 2003 (48 U.S.C. 
        1921d(f)(1)(B)) is amended by striking clause (ix).
            (6) Head start programs.--
                    (A) Definitions.--Section 637 of the Head Start Act 
                (42 U.S.C. 9832) is amended, in the paragraph defining 
                the term ``State'', by striking the second sentence and 
                inserting ``The term `State' includes the Federated 
                States of Micronesia, the Republic of the Marshall 
                Islands, and the Republic of Palau.''.
                    (B) Allotment of funds.--Section 640(a)(2)(B) of 
                the Head Start Act (42 U.S.C. 9835(a)(2)(B)) is 
                amended--
                            (i) in clause (iv), by inserting ``the 
                        Republic of Palau,'' before ``and the Virgin 
                        Islands''; and
                            (ii) by amending clause (v) to read as 
                        follows:
    ``(v) if a base grant has been established through appropriations 
for the Federated States of Micronesia or the Republic of the Marshall 
Islands, to provide an amount for that jurisdiction (for Head Start 
agencies (including Early Head Start agencies) in the jurisdiction) 
that is equal to the amount provided for base grants for such 
jurisdiction under this subchapter for the prior fiscal year, by 
allotting to each agency described in this clause an amount equal to 
that agency's base grant for the prior fiscal year; and''.
            (7) Coordination required.--The Secretary of the Interior, 
        in coordination with the Secretary of Education and the 
        Secretary of Health and Human Services, as applicable, shall, 
        to the maximum extent practicable, coordinate with the 3 United 
        States appointees to the Joint Economic Management Committee 
        described in section 1405(b)(1) and the 2 United States 
        appointees to the Joint Economic Management and Financial 
        Accountability Committee described in section 1406(d)(1) to 
        avoid duplication of economic assistance for education provided 
        under section 261(a)(1) of the 2023 Amended U.S.-FSM Compact or 
        section 261(a)(1) of the 2023 Amended U.S.-RMI Compact of 
        activities or services provided under--
                    (A) the Head Start Act (42 U.S.C. 9831 et seq.);
                    (B) subpart 3 of part A of title IV of the Higher 
                Education Act of 1965 (20 U.S.C. 1070b et seq.); or
                    (C) part C of title IV of the Higher Education Act 
                of 1965 (20 U.S.C. 1087-51 et seq.).
    (c) Authorization of Department of Defense Programs.--
            (1) Department of defense medical facilities.--The 
        Secretary of Defense shall make available, on a space available 
        and reimbursable basis, the medical facilities of the 
        Department of Defense for use by citizens of the Federated 
        States of Micronesia, the Republic of the Marshall Islands, and 
        the Republic of Palau, who are properly referred to the 
        facilities by government authorities responsible for provision 
        of medical services in the Federated States of Micronesia, the 
        Republic of the Marshall Islands, the Republic of Palau, and 
        the affected jurisdictions (as defined in section 104(e)(2) of 
        the Compact of Free Association Amendments Act of 2003 (48 
        U.S.C. 1921c(e)(2))).
            (2) Participation by secondary schools in the armed 
        services vocational aptitude battery student testing program.--
        It is the sense of Congress that the Department of Defense may 
        extend the Armed Services Vocational Aptitude Battery (ASVAB) 
        Student Testing Program and the ASVAB Career Exploration 
        Program to selected secondary schools in the Federated States 
        of Micronesia, the Republic of the Marshall Islands, and the 
        Republic of Palau to the extent such programs are available to 
        Department of Defense dependent secondary schools established 
        under section 2164 of title 10, United States Code, and located 
        outside the United States.
    (d) Judicial Training.--In addition to amounts provided under 
section 261(a)(4) of the 2023 Amended U.S.-FSM Compact and the 2023 
Amended U.S.-RMI Compact and under subsections (a) and (b) of Article 1 
of the 2023 U.S.-Palau Compact Review Agreement, for each of fiscal 
years 2024 through 2043, the Secretary of the Interior shall use the 
amounts made available to the Secretary of the Interior under section 
1411(c) to train judges and officials of the judiciary in the Federated 
States of Micronesia, the Republic of the Marshall Islands, and the 
Republic of Palau, in cooperation with the Pacific Islands Committee of 
the judicial council of the ninth judicial circuit of the United 
States.
    (e) Eligibility for the Republic of Palau.--
            (1) National health service corps.--The Secretary of Health 
        and Human Services shall make the services of the National 
        Health Service Corps available to the residents of the 
        Federated States of Micronesia, the Republic of the Marshall 
        Islands, and the Republic of Palau to the same extent, and for 
        the same duration, as services are authorized to be provided to 
        persons residing in any other areas within or outside the 
        United States.
            (2) Additional programs and services.--The Republic of 
        Palau shall be eligible for the programs and services made 
        available to the Federated States of Micronesia and the 
        Republic of the Marshall Islands under section 108(a) of the 
        Compact of Free Association Amendments Act of 2003 (48 U.S.C. 
        1921g(a)).
            (3) Programs and services of certain agencies.--In addition 
        to the programs and services set forth in the operative Federal 
        Programs and Services Agreement between the United States and 
        the Republic of Palau, the programs and services of the 
        following agencies shall be made available to the Republic of 
        Palau:
                    (A) The Legal Services Corporation.
                    (B) The Public Health Service.
                    (C) The Rural Housing Service.
    (f) Compact Impact Fairness.--
            (1) In general.--Section 402 of the Personal Responsibility 
        and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612) 
        is amended--
                    (A) in subsection (a)(2), by adding at the end the 
                following:
                    ``(N) Exception for citizens of freely associated 
                states.--With respect to eligibility for benefits for 
                any specified Federal program, paragraph (1) shall not 
                apply to any individual who lawfully resides in the 
                United States in accordance with section 141 of the 
                Compacts of Free Association between the Government of 
                the United States and the Governments of the Federated 
                States of Micronesia, the Republic of the Marshall 
                Islands, and the Republic of Palau.''; and
                    (B) in subsection (b)(2)(G)--
                            (i) in the subparagraph heading, by 
                        striking ``Medicaid exception for'' and 
                        inserting ``Exception for''; and
                            (ii) by striking ``the designated Federal 
                        program defined in paragraph (3)(C) (relating 
                        to the Medicaid program)'' and inserting ``any 
                        designated Federal program''.
            (2) Exception to 5-year wait requirement.--Section 
        403(b)(3) of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (8 U.S.C. 1613(b)(3)) is amended by 
        striking ``, but only with respect to the designated Federal 
        program defined in section 402(b)(3)(C)''.
            (3) Definition of qualified alien.--Section 431(b)(8) of 
        the Personal Responsibility and Work Opportunity Reconciliation 
        Act of 1996 (8 U.S.C. 1641(b)(8)) is amended by striking ``, 
        but only with respect to the designated Federal program defined 
        in section 402(b)(3)(C) (relating to the Medicaid program)''.
    (g) Consultation With International Financial Institutions.--The 
Secretary of the Treasury, in coordination with the Secretary of the 
Interior and the Secretary of State, shall consult with appropriate 
officials of the Asian Development Bank and relevant international 
financial institutions (as defined in section 1701(c) of the 
International Financial Institutions Act (22 U.S.C. 262r(c))), as 
appropriate, with respect to overall economic conditions in, and the 
activities of other providers of assistance to, the Freely Associated 
States.
    (h) Chief of Mission.--Section 105(b) of the Compact of Free 
Association Amendments Act of 2003 (48 U.S.C. 1921d(b)) is amended by 
striking paragraph (5) and inserting the following:
            ``(5) Pursuant to section 207 of the Foreign Service Act of 
        1980 (22 U.S.C. 3927), all United States Government executive 
        branch employees in the Federated States of Micronesia, the 
        Republic of the Marshall Islands, and the Republic of Palau 
        fall under the authority of the respective applicable chief of 
        mission, except for employees identified as excepted from the 
        authority under Federal law or by Presidential directive.''.
    (i) Establishment of a Unit for the Freely Associated States in the 
Bureau of East Asian and Pacific Affairs of the Department of State and 
Increasing Personnel Focused on Oceania.--
            (1) Definition of appropriate congressional committees.--In 
        this subsection, 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.
            (2) Requirements.--The Secretary of State shall--
                    (A) assign additional full-time equivalent 
                personnel to the Office of Australia, New Zealand, and 
                Pacific Island Affairs of the Bureau of East Asian and 
                Pacific Affairs of the Department of State, including 
                to the unit established under subparagraph (B), as the 
                Secretary of State determines to be appropriate, in 
                accordance with paragraph (4)(A); and
                    (B) establish a unit in the Bureau of East Asian 
                and Pacific Affairs of the Department of State to carry 
                out the functions described in paragraph (3).
            (3) Functions of unit.--The unit established under 
        paragraph (2)(B) shall be responsible for the following:
                    (A) Managing the bilateral and regional relations 
                with the Freely Associated States.
                    (B) Supporting the Secretary of State in leading 
                negotiations relating to the Compacts of Free 
                Association with the Freely Associated States.
                    (C) Coordinating, in consultation with the 
                Department of the Interior, the Department of Defense, 
                and other interagency partners as appropriate, 
                implementation of the Compacts of Free Association with 
                the Freely Associated States.
            (4) Full-time equivalent employees.--The Secretary of State 
        shall--
                    (A) not later than 5 years after the date of 
                enactment of this joint resolution, assign to the 
                Office of Australia, New Zealand, and Pacific Island 
                Affairs of the Bureau of East Asian and Pacific 
                Affairs, including to the unit established under 
                paragraph (2)(B), not less than 4 additional full-time 
                equivalent staff, who shall not be dual-hatted, 
                including by considering--
                            (i) the use of existing flexible hiring 
                        authorities, including Domestic Employees 
                        Teleworking Overseas (DETOs); and
                            (ii) the realignment of existing personnel, 
                        including from the United States Mission in 
                        Australia, as appropriate;
                    (B) reduce the number of vacant foreign service 
                positions in the Pacific Island region by establishing 
                an incentive program within the Foreign Service for 
                overseas positions related to the Pacific Island 
                region; and
                    (C) report to the appropriate congressional 
                committees on progress toward objectives outlined in 
                this subsection beginning 1 year from the date of the 
                enactment of this joint resolution and annually 
                thereafter for 5 years.
    (j) Technical Assistance.--Section 105 of the Compact of Free 
Association Amendments Act of 2003 (48 U.S.C. 1921d) is amended by 
striking subsection (j) and inserting the following:
    ``(j) Technical Assistance.--
            ``(1) In general.--Technical assistance may be provided 
        pursuant to section 224 of the 2023 Amended U.S.-FSM Compact, 
        section 224 of the 2023 Amended U.S.-RMI Compact, or section 
        222 of the U.S.-Palau Compact (as those terms are defined in 
        section 1403 of the Compact of Free Association Amendments Act 
        of 2024) by Federal agencies and institutions of the Government 
        of the United States to the extent the assistance shall be 
        provided to States, territories, or units of local government.
            ``(2) Historic preservation.--
                    ``(A) In general.--Any technical assistance 
                authorized under paragraph (1) that is provided by the 
                Forest Service, the Natural Resources Conservation 
                Service, the United States Fish and Wildlife Service, 
                the National Marine Fisheries Service, the United 
                States Coast Guard, the Advisory Council on Historic 
                Preservation, the Department of the Interior, or any 
                other Federal agency providing assistance under 
                division A of subtitle III of title 54, United States 
                Code, may be provided on a nonreimbursable basis.
                    ``(B) Grants.--During the period in which the 2023 
                Amended U.S.-FSM Compact (as so defined) and the 2023 
                Amended U.S.-RMI Compact (as so defined) are in force, 
                the grant programs under division A of subtitle III of 
                title 54, United States Code, shall continue to apply 
                to the Federated States of Micronesia and the Republic 
                of the Marshall Islands in the same manner and to the 
                same extent as those programs applied prior to the 
                approval of the U.S.-FSM Compact and U.S.-RMI Compact.
            ``(3) Additional funds.--Any funds provided pursuant to 
        this subsection, subsections (c), (g), (h), (i), (k), (l), and 
        (m), section 102(a), and subsections (a), (b), (f), (g), (h), 
        and (j) of section 103 shall be in addition to, and not charged 
        against, any amounts to be paid to the Federated States of 
        Micronesia or the Republic of the Marshall Islands pursuant 
        to--
                    ``(A) the U.S.-FSM Compact;
                    ``(B) the U.S.-RMI Compact; or
                    ``(C) any related subsidiary agreement.''.
    (k) Continuing Trust Territory Authorization.--The authorization 
provided by the Act of June 30, 1954 (68 Stat. 330, chapter 423), shall 
remain available after the effective date of the 2023 Amended U.S.-FSM 
Compact and the 2023 Amended U.S.-RMI Compact with respect to the 
Federated States of Micronesia and the Republic of the Marshall Islands 
for transition purposes, including--
            (1) completion of projects and fulfillment of commitments 
        or obligations;
            (2) termination of the Trust Territory Government and 
        termination of the High Court;
            (3) health and education as a result of exceptional 
        circumstances;
            (4) ex gratia contributions for the populations of Bikini, 
        Enewetak, Rongelap, and Utrik; and
            (5) technical assistance and training in financial 
        management, program administration, and maintenance of 
        infrastructure.
    (l) Technical Amendments.--
            (1) Public health service act definition.--Section 2(f) of 
        the Public Health Service Act (42 U.S.C. 201(f)) is amended by 
        striking ``and the Trust Territory of the Pacific Islands'' and 
        inserting ``the Federated States of Micronesia, the Republic of 
        the Marshall Islands, and the Republic of Palau''.
            (2) Compact impact amendments.--Section 104(e) of the 
        Compact of Free Association Amendments Act of 2003 (48 U.S.C. 
        1921c(e)) is amended--
                    (A) in paragraph (4)--
                            (i) in subparagraph (A), by striking 
                        ``beginning in fiscal year 2003'' and inserting 
                        ``during the period of fiscal years 2003 
                        through 2023''; and
                            (ii) in subparagraph (C), by striking 
                        ``after fiscal year 2003'' and inserting ``for 
                        the period of fiscal years 2004 through 2023'';
                    (B) by striking paragraph (5); and
                    (C) by redesignating paragraphs (6) through (10) as 
                paragraphs (5) through (9), respectively.

SEC. 1410. ADDITIONAL AUTHORITIES.

    (a) Agencies, Departments, and Instrumentalities.--
            (1) In general.--Appropriations to carry out the 
        obligations, services, and programs described in paragraph (2) 
        shall be made directly to the Federal agencies, departments, 
        and instrumentalities carrying out the obligations, services 
        and programs.
            (2) Obligations, services, and programs described.--The 
        obligations, services, and programs referred to in paragraphs 
        (1) and (3) are the obligations, services, and programs under--
                    (A) sections 131 and 132, paragraphs (1) and (3) 
                through (6) of section 221(a), and section 221(b) of 
                the 2023 Amended U.S.-FSM Compact;
                    (B) sections 131 and 132, paragraphs (1) and (3) 
                through (6) of section 221(a), and section 221(b) of 
                the 2023 Amended U.S.-RMI Compact;
                    (C) sections 131 and 132 and paragraphs (1), (3), 
                and (4) of section 221(a) of the U.S.-Palau Compact;
                    (D) Article 6 of the 2023 U.S.-Palau Compact Review 
                Agreement; and
                    (E) section 1409.
            (3) Authority.--The heads of the Federal agencies, 
        departments, and instrumentalities to which appropriations are 
        made available under paragraph (1) as well as the Federal 
        Deposit Insurance Corporation shall--
                    (A) have the authority to carry out any activities 
                that are necessary to fulfill the obligations, 
                services, and programs described in paragraph (2); and
                    (B) use available funds to carry out the activities 
                under subparagraph (A).
    (b) Additional Assistance.--Any assistance provided pursuant to 
section 105(j) of the Compact of Free Association Amendments Act of 
2003 (48 U.S.C. 1921d(j)) (as amended by section 1409(j)) and sections 
1405(a), 1406(a), 1407(b), and 1409 shall be in addition to and not 
charged against any amounts to be paid to the Federated States of 
Micronesia, the Republic of the Marshall Islands, and the Republic of 
Palau pursuant to--
            (1) the 2023 Amended U.S.-FSM Compact;
            (2) the 2023 Amended U.S.-RMI Compact;
            (3) the 2023 U.S.-Palau Compact Review Agreement; or
            (4) any related subsidiary agreement.
    (c) Remaining Balances.--Notwithstanding any other provision of 
law, including section 109 of the Compact of Free Association 
Amendments Act of 2003 (48 U.S.C. 1921h)--
            (1) remaining balances appropriated to carry out sections 
        211, 212(b), 215, and 217 of the 2023 Amended U.S.-FSM Compact, 
        shall be programmed pursuant to Article IX of the 2023 U.S.-FSM 
        Fiscal Procedures Agreement; and
            (2) remaining balances appropriated to carry out sections 
        211, 213(b), 216, and 218 of the 2023 Amended U.S.-RMI Compact, 
        shall be programmed pursuant to Article XI of the 2023 U.S.-RMI 
        Fiscal Procedures Agreement.
    (d) Grants.--Notwithstanding any other provision of law--
            (1) contributions under the 2023 Amended U.S.-FSM Compact, 
        the 2023 U.S.-Palau Compact Review Agreement, and the 2023 
        Amended U.S.-RMI Compact may be provided as grants for purposes 
        of implementation of the 2023 Amended U.S.-FSM Compact, the 
        2023 U.S.-Palau Compact Review Agreement, and the 2023 Amended 
        U.S.-RMI Compact under the laws of the United States; and
            (2) funds appropriated pursuant to section 1411 may be 
        deposited in interest-bearing accounts and any interest earned 
        may be retained in and form part of those accounts for use 
        consistent with the purpose of the deposit.
    (e) Rule of Construction.--Except as specifically provided, nothing 
in this joint resolution or the amendments made by this joint 
resolution amends the following:
            (1) Title I of the Compact of Free Association Act of 1985 
        (48 U.S.C. 1901 et seq.).
            (2) Title I of Public Law 99-658 (48 U.S.C. 1931 et seq.).
            (3) Title I of the Compact of Free Association Amendments 
        Act of 2003 (48 U.S.C. 1921 et seq.).
            (4) Section 1259C of the National Defense Authorization Act 
        for Fiscal Year 2018 (48 U.S.C. 1931 note; Public Law 115-91).
            (5) The Department of the Interior, Environment, and 
        Related Agencies Appropriations Act, 2018 (Public Law 115-141; 
        132 Stat. 635).
    (f) Clarification Relating to Appropriated Funds.--Notwithstanding 
section 109 of the Compacts of Free Association Amendments Act of 2003 
(48 U.S.C. 1921h)--
            (1) funds appropriated by that section and deposited into 
        the RMI Compact Trust Fund shall be governed by the 2023 U.S.-
        RMI Trust Fund Agreement on entry into force of the 2023 U.S.-
        RMI Trust Fund Agreement;
            (2) funds appropriated by that section and deposited into 
        the FSM Compact Trust Fund shall be governed by the 2023 U.S.-
        FSM Trust Fund Agreement on entry into force of the 2023 U.S.-
        FSM Trust Fund Agreement;
            (3) funds appropriated by that section and made available 
        for fiscal year 2024 or any fiscal year thereafter as grants to 
        carry out the purposes of section 211(b) of the 2003 U.S.-RMI 
        Amended Compact shall be subject to the provisions of the 2023 
        U.S.-RMI Fiscal Procedures Agreement on entry into force of the 
        2023 U.S.-RMI Fiscal Procedures Agreement;
            (4) funds appropriated by that section and made available 
        for fiscal year 2024 or any fiscal year thereafter as grants to 
        carry out the purposes of section 221 of the 2003 U.S.-RMI 
        Amended Compact shall be subject to the provisions of the 2023 
        U.S.-RMI Fiscal Procedures Agreement on entry into force of the 
        2023 U.S.-RMI Fiscal Procedures Agreement, except as modified 
        in the Federal Programs and Services Agreement in force between 
        the United States and the Republic of the Marshall Islands; and
            (5) funds appropriated by that section and made available 
        for fiscal year 2024 or any fiscal year thereafter as grants to 
        carry out the purposes of section 221 of the 2003 U.S.-FSM 
        Amended Compact shall be subject to the provisions of the 2023 
        U.S.-FSM Fiscal Procedures Agreement on entry into force of the 
        2023 U.S.-FSM Fiscal Procedures Agreement, except as modified 
        in the 2023 U.S.-FSM Federal Programs and Services Agreement.

SEC. 1411. COMPACT APPROPRIATIONS.

    (a) Funding for Activities of the Secretary of the Interior.--For 
the period of fiscal years 2024 through 2043, there are appropriated to 
the Compact of Free Association account of the Department of the 
Interior, out of any funds in the Treasury not otherwise appropriated, 
to remain available until expended, the amounts described in and to 
carry out the purposes of--
            (1) sections 261, 265, and 266 of the 2023 Amended U.S.-FSM 
        Compact;
            (2) sections 261, 265, and 266 of the 2023 Amended U.S.-RMI 
        Compact; and
            (3) Articles 1, 2, and 3 of the 2023 U.S.-Palau Compact 
        Review Agreement.
    (b) Funding for Activities of the United States Postal Service.--
            (1) Appropriation.--There is appropriated to the United 
        States Postal Service, out of any funds in the Treasury not 
        otherwise appropriated for each of fiscal years 2024 through 
        2043, $31,700,000, to remain available until expended, to carry 
        out the costs of the following provisions that are not 
        otherwise funded:
                    (A) Section 221(a)(2) of the 2023 Amended U.S.-FSM 
                Compact.
                    (B) Section 221(a)(2) of the 2023 Amended U.S.-RMI 
                Compact.
                    (C) Section 221(a)(2) of the U.S.-Palau Compact.
                    (D) Article 6(a) of the 2023 U.S.-Palau Compact 
                Review Agreement.
            (2) Deposit.--
                    (A) In general.--The amounts appropriated to the 
                United States Postal Service under paragraph (1) shall 
                be deposited into the Postal Service Fund established 
                under section 2003 of title 39, United States Code, to 
                carry out the provisions described in that paragraph.
                    (B) Requirement.--Any amounts deposited into the 
                Postal Service Fund under subparagraph (A) shall be the 
                fiduciary, fiscal, and audit responsibility of the 
                Postal Service.
    (c) Funding for Judicial Training.--There is appropriated to the 
Secretary of the Interior to carry out section 1409(d) out of any funds 
in the Treasury not otherwise appropriated, $550,000 for each of fiscal 
years 2024 through 2043, to remain available until expended.
    (d) Treatment of Previously Appropriated Amounts.--The total 
amounts made available to the Government of the Federated States of 
Micronesia and the Government of the Republic of the Marshall Islands 
under subsection (a) shall be reduced by amounts made available to the 
Government of the Federated States of Micronesia and the Government of 
the Republic of the Marshall Islands, as applicable, under section 
2101(a) of the Continuing Appropriations Act, 2024 and Other Extensions 
Act (Public Law 118-15; 137 Stat. 81) (as amended by section 101 of 
division B of the Further Continuing Appropriations and Other 
Extensions Act, 2024 (Public Law 118-22; 137 Stat. 114) and section 201 
of the Further Additional Continuing Appropriations and Other 
Extensions Act, 2024 (Public Law 118-35; 138 Stat. 7)).

SEC. 1412. RESCISSION OF INFLATION REDUCTION ACT FUNDS.

    The unobligated balances of amounts appropriated or otherwise made 
available by each of the following provisions of Public Law 117-169 
(commonly referred to as the ``Inflation Reduction Act'') are hereby 
permanently rescinded:
            (1) Section 50131.
            (2) Section 50144.
            (3) Section 60114.
            (4) Section 60501.

                    TITLE XV--MISCELLANEOUS MATTERS

SEC. 1501. COUNTERING THE EVASION OF EXPORT CONTROLS.

    Section 1756 of the John S. McCain National Defense Authorization 
Act for fiscal year 2019 (Public Law 115-232; 50 U.S.C. 4815) is 
amended--
     (a) by redesignating subsections (c) and (d) as subsections (d) 
and (e); and
    (b) by inserting after subsection (b) the following new subsection:
    ``(c) Export Control Evasion Risks.--
            ``(1) Export control evasion risk defined.--In this Act, 
        the term `export control evasion risk' means any foreign 
        person--
                    ``(A) listed pursuant to Section 1754(a)(2) of this 
                Act and subject to restrictions pursuant to Section 
                1754(a)(4) of this Act; and
                    ``(B) domiciled in a country subject to an arms 
                embargo imposed by the United States.
            ``(2) Licensing policies for export control evasion 
        risks.--Procedures pursuant to subsection (a) of this section 
        applied to an export control evasion risk shall apply to any 
        person that--
                    ``(A) is a successor, subunit, parent company or 
                subsidiary of that export control evasion risk;
                    ``(B) is owned or controlled by, or is acting for 
                or on behalf of, directly or indirectly, any person 
                described in subparagraph (A);
                    ``(C) owns or controls, directly or indirectly, a 
                person described in subparagraphs (A) and (B); or
                    ``(D) is owned or controlled by, directly or 
                indirectly, a person described in subparagraph (C).''.

SEC. 1502. TECHNOLOGY CONTROL OPERATING COMMITTEE DECISION MAKING.

    Licensing decisions shall be determined by the four agencies on the 
Operating Committee. Each agency shall have one vote for license 
applications. A majority vote shall be the Operating Committee's final 
disposition. In the event of a two-to-two tie vote, a license shall be 
denied. Escalation to the Advisory Committee on Export Policy shall 
only be allowed in instances when agencies on the Operating Committee 
seek to overturn the approval of a license at the Operating Committee 
level. All votes at the Operating Committee shall be recorded and 
transmitted to the House Foreign Affairs Committee and Senate Banking 
Committee every 30 days.

SEC. 1503. REPORT RELATING TO IDENTIFICATION AND CONTROL OF EMERGING 
              AND FOUNDATIONAL TECHNOLOGIES.

    Section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 
4817) is amended by striking subsection (e) and inserting the 
following:
    ``(e) Report to Congress.--
            ``(1) In general.--Not less frequently than every 90 days, 
        the Secretary, in coordination with the Secretary of Defense, 
        the Secretary of State, the Secretary of Energy, and the heads 
        of other Federal agencies, as appropriate, shall submit to the 
        appropriate congressional committees a report on efforts to 
        identify and control emerging and foundational technologies 
        pursuant to this section.
            ``(2) Elements.--Each report required by paragraph (1) 
        shall include the following:
                    ``(A) A description of the methods and process used 
                to evaluate and identify such technologies, including--
                            ``(i) the agendas and participants for all 
                        meetings to discuss technologies during the 
                        reporting time period;
                            ``(ii) experts within and outside 
                        government, including national labs, used to 
                        consult on technologies; and
                            ``(iii) use of open source and classified 
                        information.
                    ``(B) Potential methods to improve the evaluation 
                and identification of such technologies, including--
                            ``(i) leadership of the interagency process 
                        and what agency is best equipped to carry out 
                        this requirement;
                            ``(ii) the level of financial resources 
                        needed; and
                            ``(iii) whether the government has existing 
                        technical expertise to carry out this 
                        requirement or new partnerships or hiring 
                        authorities are needed.
                    ``(C) An individual description of such 
                technologies evaluated and recommended for 
                identification, including--
                            ``(i) what agency proposed the 
                        identification;
                            ``(ii) the justification for the 
                        identification;
                            ``(iii) end-uses and end-users of concern 
                        that will be able to access the technology;
                            ``(iv) foreign availability of the 
                        technology and levels of control;
                            ``(v) development of the technology in 
                        embargoed countries; and
                            ``(vi) anticipated impacts, including loss 
                        of revenue, on the United States industrial 
                        base of the control.
                    ``(D) An individual description of such 
                technologies evaluated and not recommended for 
                identification and control, including--
                            ``(i) what agency proposed the control;
                            ``(ii) what agency objected to the proposed 
                        control;
                            ``(iii) foreign availability of the 
                        technology and levels of control;
                            ``(iv) end-uses and end-users of concern 
                        that will be able to access the technology;
                            ``(v) development of the technology in 
                        embargoed countries;
                            ``(vi) justifications, risk-based and 
                        economic analyses, for not establishing 
                        controls; and
                            ``(vii) anticipated impacts, including 
                        gains to revenue that will be used for research 
                        and development, on the united states 
                        industrial base.
                    ``(E) A summary of actions taken pursuant to this 
                section, including actions taken pursuant to this 
                section and the results of such actions.
            ``(3) Form.--The report required by this subsection shall 
        be submitted in unclassified form, but may contain a classified 
        annex.
            ``(4) Definitions.--In this section, the term appropriate 
        congressional committees means--
                    ``(A) the Committee on Financial Services, the 
                Committee on Foreign Affairs, the Committee on Armed 
                Services, and the Permanent Select Committee on 
                Intelligence of the House of Representatives; and
                    ``(B) the Committee on Banking, Housing, and Urban 
                Affairs, the Committee on Foreign Relations, the 
                Committee on Armed Services, and the Select Committee 
                on Intelligence of the Senate.''.

SEC. 1504. TRANSFER OF BUREAU OF INDUSTRY AND SECURITY TO THE 
              DEPARTMENT OF STATE.

    (a) In General.--The Bureau of Industry and Security is abolished.
    (b) Transfer of Functions.--There are transferred to the Secretary 
of State all functions that, on the day before the date of the 
enactment of this Act, were authorized to be performed by the Bureau of 
Industry and Security under any statute, reorganization plan, Executive 
order, or other provision of law.
    (c) Transfer of Assets and Liabilities.--The Secretary of Commerce 
shall transfer to the Secretary of State all contracts, property, 
records, and unexpended balance of appropriations, authorizations, 
allocations, and other funds employed, held, used, arising from, 
available to, or to be made available in connection with the functions 
of the Bureau of Industry and Security transferred.

SEC. 1505. SHORT TITLE.

    This Act may be cited as the ``Telling Everyone the Location of 
data Leaving the U.S. Act'' or the ``TELL Act''.

SEC. 1506. COUNTRY DISCLOSURE REQUIREMENTS.

    (a) Disclosure Requirements.--Any person that maintains an internet 
website or that sells or distributes a mobile application that stores 
and maintains information collected from such website or application in 
the People's Republic of China shall disclose to any individual who 
downloads or otherwise uses such website or application, in a clear and 
conspicuous manner, the following:
            (1) That such information is stored and maintained in the 
        People's Republic of China.
            (2) Whether the Chinese Communist Party or a Chinese State-
        owned entity has access to such information.
    (b) False Information.--It shall be unlawful for a person required 
to disclose information under subsection (a) to knowingly disclose 
false information under such subsection.

SEC. 1507. ENFORCEMENT.

    (a) Unfair or Deceptive Acts or Practices.--A violation of this Act 
shall be treated as a violation of a rule defining an unfair or 
deceptive act or practice prescribed under section 18(a)(1)(B) of the 
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
    (b) Powers of Federal Trade Commission.--
            (1) In general.--The Federal Trade Commission shall enforce 
        this Act in the same manner, by the same means, and with the 
        same jurisdiction, powers, and duties as though all applicable 
        terms and provisions of the Federal Trade Commission Act (15 
        U.S.C. 41 et seq.) were incorporated into and made a part of 
        this Act.
            (2) Privileges and immunities.--Any person that violates 
        this Act shall be subject to the penalties, and entitled to the 
        privileges and immunities, provided in the Federal Trade 
        Commission Act (15 U.S.C. 41 et seq.).

       TITLE XVI--LICENSING POLICY FOR NATIONAL SECURITY THREATS

SEC. 1601. REPORT ON LICENSE APPLICATIONS AND OTHER REQUESTS FOR 
              AUTHORIZATION FOR THE EXPORT, REEXPORT, AND IN-COUNTRY 
              TRANSFER OF ITEMS CONTROLLED UNDER PART I OF THE EXPORT 
              CONTROL REFORM ACT OF 2018 TO LISTED ENTITIES THAT 
              THREATEN UNITED STATES NATIONAL SECURITY AND FOREIGN 
              POLICY INTERESTS.

    Section 1756 of the Export Control Reform Act of 2018 (50 U.S.C. 
4815) is amended by adding at the end the following:
    ``(e) Report to Congress.--
            ``(1) In general.--Not less frequently than every 90 days, 
        the Secretary, in coordination with the Secretary of Defense, 
        the Secretary of State, the Secretary of Energy, and the heads 
        of other Federal agencies, as appropriate, shall submit to the 
        appropriate congressional committees a report on license 
        applications and other requests for authorization for the 
        export, reexport, and in-country transfer of items controlled 
        under this part to covered entities.
            ``(2) Elements.--Each report required by paragraph (1) 
        shall include the following:
                    ``(A) For each license application or other request 
                for authorization--
                            ``(i) the name of the entity submitting the 
                        application (both parent company as well as the 
                        subsidiary directly involved), a brief 
                        description of the item (including the Export 
                        Control Classification Number (ECCN) and level 
                        of control, if applicable), the name of the 
                        end-user in both English and Chinese 
                        characters, the end-user's location (not 
                        confined only to entities operating in the 
                        People's Republic of China), a value estimate, 
                        decision with respect to the license 
                        application or authorization, and the date of 
                        submission; and
                            ``(ii) the date, location, and result of 
                        site inspections, monitoring, and enforcement 
                        actions to ensure compliance with the terms of 
                        the license or authorization.
                    ``(B) Aggregate statistics on all license 
                applications and other requests for authorization as 
                described in subparagraph (A).
            ``(3) Definitions.--In this section:
                    ``(A) Appropriate congressional committees.--The 
                term `appropriate congressional committees' means--
                            ``(i) the Committee on Foreign Affairs of 
                        the House of Representatives; and
                            ``(ii) the Committee on Banking, Housing, 
                        and Urban Affairs of the Senate.
                    ``(B) Covered entity.--The term `covered entity' 
                means any entity on--
                            ``(i) the list maintained and set forth in 
                        Supplement No. 4 to part 744 of the Export 
                        Administration Regulations;
                            ``(ii) the list maintained and set forth in 
                        Supplement No. 7 to part 744 of the Export 
                        Administration Regulations; or
                            ``(iii) the list maintained and published 
                        under section 1237 of the Strom Thurmond 
                        National Defense Authorization Act for Fiscal 
                        Year 1999 (50 U.S.C. 1701 note) or any 
                        successor provision of law.''.

SEC. 1601. DESIGNATION ON ENTITY LIST OF ENTITIES IDENTIFIED ON THE 
              DEPARTMENT OF DEFENSE'S CHINESE COMMUNIST PARTY MILITARY 
              LIST.

    (a) In General.--The Secretary of Commerce shall designate on the 
list maintained and set forth in Supplement No. 4 to part 744 of the 
Export Administration Regulations each entity identified on the list 
maintained and published under section 1237 of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 
note) or any successor provision of law.
    (b) Licensing Policy.--Any entity designated under subsection (a) 
shall be required to obtain an export control license from the 
Department of Commerce under a licensing policy of a presumption of 
denial.

                        TITLE XVII--IMMIGRATION

SEC. 1701. SCRUTINY OF VISAS FOR CHINESE COMMUNIST PARTY MEMBERS.

    (a) Inadmissibility.--Section 212(a)(3)(D) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(D)) is amended--
            (1) in the subparagraph heading, by striking ``Immigrant 
        membership'' and inserting ``Membership''; and
            (2) by adding at the end the following:
                            ``(v) Prohibition on issuance of certain 
                        visas to members of the chinese communist 
                        party.--An alien who is or has been a member of 
                        or affiliated with the Chinese Communist 
                        Party--
                                    ``(I) is inadmissible; and
                                    ``(II) shall not be issued a visa 
                                as a nonimmigrant described in section 
                                101(a)(15)(B).''.
    (b) Applications for Visa Extensions.--With respect to applications 
to extend visas issued to nonimmigrants described in section 
101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(B)) through enrollment in the Electronic Visa Update System 
or any successor system--
            (1) the Commissioner of U.S. Customs and Border Protection 
        shall ensure that such system has a functionality for 
        determining whether an applicant is a covered alien; and
            (2) in the case of an applicant determined to be a covered 
        alien, the applicant's request for enrollment shall be denied.
    (c) Cancellation of Visas Authorized.--
            (1) In general.--On encountering a covered alien who is in 
        possession of a valid, unexpired visa issued under section 
        101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(B)), the Commissioner of US. Customs and Border 
        Protection shall cancel such visa.
            (2) Role of bureau of consular affairs.--Not later than 90 
        days after the date of the enactment of this Act, the Assistant 
        Secretary for Consular Affairs shall--
                    (A) cancel all nonimmigrant visas issued to covered 
                aliens under section 101(a)(15)(B) of the Immigration 
                and Nationality Act (8 U.S.C. 1101(a)(15)(B)); and
                    (B) update the Consular Consolidated Database and 
                the Consular Lookout and Support System to reflect such 
                cancellations.
            (3) Remedy.--The sole legal remedy available to an alien 
        whose visa has been cancelled under this subsection shall be to 
        submit a new application for a visa in accordance with the 
        procedures established by the Bureau of Consular Affairs.
    (d) Definition of Covered Alien.--In this section, the term 
``covered alien'' means an alien who is or has been a member of or 
affiliated with the Chinese Communist Party.

SEC. 1702. LIMITATION ON ELIGIBILITY FOR INVESTOR VISAS.

    (a) Definitions.--In this section:
            (1) Country of concern.--the term ``country of concern''--
                    (A) has the meaning given the term ``covered 
                nation'' in section 4872(d) of title 10, United States 
                Code; and
                    (B) includes a jurisdiction that the commission, in 
                consultation with the Secretary of State and the 
                Secretary of the Treasury, determines to be subject to 
                the political and legal control of a covered nation, as 
                defined in section 4872(d) of title 10, United States 
                Code.
    (b) Section 203(b)(5) of the immigration and nationality act (8 
U.S.C. 1153(b)(5)) is amended by adding at the end the following:
                    ``(E) Country of concern limitation.--
                            ``(i) In general.--A citizen or national of 
                        a country of concern is prohibited from 
                        receiving any visa made available under this 
                        paragraph. Section 610 of the Departments of 
                        Commerce, Justice, and State, the Judiciary, 
                        and Related Agencies Appropriations Act, 1993 
                        (8 U.S.C. 1153 note) is amended by adding at 
                        the end the following:
    ``(e)(1) A citizen or national of a country of concern shall be 
ineligible for the pilot program described in this section.''.

                              TITLE XVIII

         Subtitle A--Onshore and Offshore Leasing and Oversight

SEC. 1801. ONSHORE OIL AND GAS LEASING.

    (a) Requirement To Immediately Resume Onshore Oil and Gas Lease 
Sales.--
            (1) In general.--The Secretary of the Interior shall 
        immediately resume quarterly onshore oil and gas lease sales in 
        compliance with the Mineral Leasing Act (30 U.S.C. 181 et 
        seq.).
            (2) Requirement.--The Secretary of the Interior shall 
        ensure--
                    (A) that any oil and gas lease sale pursuant to 
                paragraph (1) is conducted immediately on completion of 
                all applicable scoping, public comment, and 
                environmental analysis requirements under the Mineral 
                Leasing Act (30 U.S.C. 181 et seq.) and the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.); and
                    (B) that the processes described in subparagraph 
                (A) are conducted in a timely manner to ensure 
                compliance with subsection (b)(1).
            (3) Lease of oil and gas lands.--Section 17(b)(1)(A) of the 
        Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)) is amended by 
        inserting ``Eligible lands comprise all lands subject to 
        leasing under this Act and not excluded from leasing by a 
        statutory or regulatory prohibition. Available lands are those 
        lands that have been designated as open for leasing under a 
        land use plan developed under section 202 of the Federal Land 
        Policy and Management Act of 1976 and that have been nominated 
        for leasing through the submission of an expression of 
        interest, are subject to drainage in the absence of leasing, or 
        are otherwise designated as available pursuant to regulations 
        adopted by the Secretary.'' after ``sales are necessary.''.
    (b) Quarterly Lease Sales.--
            (1) In general.--In accordance with the Mineral Leasing Act 
        (30 U.S.C. 181 et seq.), each fiscal year, the Secretary of the 
        Interior shall conduct a minimum of four oil and gas lease 
        sales in each of the following States:
                    (A) Wyoming.
                    (B) New Mexico.
                    (C) Colorado.
                    (D) Utah.
                    (E) Montana.
                    (F) North Dakota.
                    (G) Oklahoma.
                    (H) Nevada.
                    (I) Alaska.
                    (J) Any other State in which there is land 
                available for oil and gas leasing under the Mineral 
                Leasing Act (30 U.S.C. 181 et seq.) or any other 
                mineral leasing law.
            (2) Requirement.--In conducting a lease sale under 
        paragraph (1) in a State described in that paragraph, the 
        Secretary of the Interior shall offer all parcels nominated and 
        eligible pursuant to the requirements of the Mineral Leasing 
        Act (30 U.S.C. 181 et seq.) for oil and gas exploration, 
        development, and production under the resource management plan 
        in effect for the State.
            (3) Replacement sales.--The Secretary of the Interior shall 
        conduct a replacement sale during the same fiscal year if--
                    (A) a lease sale under paragraph (1) is canceled, 
                delayed, or deferred, including for a lack of eligible 
                parcels; or
                    (B) during a lease sale under paragraph (1) the 
                percentage of acreage that does not receive a bid is 
                equal to or greater than 25 percent of the acreage 
                offered.
            (4) Notice regarding missed sales.--Not later than 30 days 
        after a sale required under this subsection is canceled, 
        delayed, deferred, or otherwise missed the Secretary of the 
        Interior shall submit to the Committee on Natural Resources of 
        the House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate a report that states what sale 
        was missed and why it was missed.

SEC. 1802. LEASE REINSTATEMENT.

    The reinstatement of a lease entered into under the Mineral Leasing 
Act (30 U.S.C. 181 et seq.) or the Geothermal Steam Act of 1970 (30 
U.S.C. 1001 et seq.) by the Secretary shall be not considered a major 
Federal action under section 102(2)(C) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).

SEC. 1803. PROTESTED LEASE SALES.

    Section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C. 
226(b)(1)(A)) is amended by inserting ``The Secretary shall resolve any 
protest to a lease sale not later than 60 days after such payment.'' 
after ``annual rental for the first lease year.''.

SEC. 1804. SUSPENSION OF OPERATIONS.

    Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by 
adding at the end the following:
    ``(r) Suspension of Operations Permits.--In the event that an oil 
and gas lease owner has submitted an expression of interest for 
adjacent acreage that is part of the nature of the geological play and 
has yet to be offered in a lease sale by the Secretary, they may 
request a suspension of operations from the Secretary of the Interior 
and upon request, the Secretary shall grant the suspension of 
operations within 15 days. Any payment of acreage rental or of minimum 
royalty prescribed by such lease likewise shall be suspended during 
such period of suspension of operations and production; and the term of 
such lease shall be extended by adding any such suspension period 
thereto.''.

SEC. 1805. ADMINISTRATIVE PROTEST PROCESS REFORM.

    Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is further 
amended by adding at the end the following:
    ``(s) Protest Filing Fee.--
            ``(1) In general.--Before processing any protest filed 
        under this section, the Secretary shall collect a filing fee in 
        the amount described in paragraph (2) from the protestor to 
        recover the cost for processing documents filed for each 
        administrative protest.
            ``(2) Amount.--The amount described in this paragraph is 
        calculated as follows:
                    ``(A) For each protest filed in a submission not 
                exceeding 10 pages in length, the base filing fee shall 
                be $150.
                    ``(B) For each submission exceeding 10 pages in 
                length, in addition to the base filing fee, an 
                assessment of $5 per page in excess of 10 pages shall 
                apply.
                    ``(C) For protests that include more than one oil 
                and gas lease parcel, right-of-way, or application for 
                permit to drill in a submission, an additional 
                assessment of $10 per additional lease parcel, right-
                of-way, or application for permit to drill shall apply.
            ``(3) Adjustment.--
                    ``(A) In general.--Beginning on January 1, 2025, 
                and annually thereafter, the Secretary shall adjust the 
                filing fees established in this subsection to whole 
                dollar amounts to reflect changes in the Producer Price 
                Index, as published by the Bureau of Labor Statistics, 
                for the previous 12 months.
                    ``(B) Publication of adjusted filing fees.--At 
                least 30 days before the filing fees as adjusted under 
                this paragraph take effect, the Secretary shall publish 
                notification of the adjustment of such fees in the 
                Federal Register.''.

SEC. 1806. LEASING AND PERMITTING TRANSPARENCY.

    (a) Report.--Not later than 30 days after the date of the enactment 
of this section, and annually thereafter, the Secretary of the Interior 
shall submit to the Committee on Natural Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate a report that describes--
            (1) the status of nominated parcels for future onshore oil 
        and gas and geothermal lease sales, including--
                    (A) the number of expressions of interest received 
                each month during the period of 365 days that ends on 
                the date on which the report is submitted with respect 
                to which the Bureau of Land Management--
                            (i) has not taken any action to review;
                            (ii) has not completed review; or
                            (iii) has completed review and determined 
                        that the relevant area meets all applicable 
                        requirements for leasing, but has not offered 
                        the relevant area in a lease sale;
                    (B) how long expressions of interest described in 
                subparagraph (A) have been pending; and
                    (C) a plan, including timelines, for how the 
                Secretary of the Interior plans to--
                            (i) work through future expressions of 
                        interest to prevent delays;
                            (ii) put expressions of interest described 
                        in subparagraph (A) into a lease sale; and
                            (iii) complete review for expressions of 
                        interest described in clauses (i) and (ii) of 
                        subparagraph (A);
            (2) the status of each pending application for permit to 
        drill received during the period of 365 days that ends on the 
        date on which the report is submitted, including the number of 
        applications received each month, by each Bureau of Land 
        Management office, including--
                    (A) a description of the cause of delay for pending 
                applications, including as a result of staffing 
                shortages, technical limitations, incomplete 
                applications, and incomplete review pursuant to the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) or other applicable laws;
                    (B) the number of days an application has been 
                pending in violation of section 17(p)(2) of the Mineral 
                Leasing Act (30 U.S.C. 226(p)(2)); and
                    (C) a plan for how the office intends to come into 
                compliance with the requirements of section 17(p)(2) of 
                the Mineral Leasing Act (30 U.S.C. 226(p)(2));
            (3) the number of permits to drill issued each month by 
        each Bureau of Land Management office during the 5-year period 
        ending on the date on which the report is submitted;
            (4) the status of each pending application for a license 
        for offshore geological and geophysical surveys received during 
        the period of 365 days that ends on the date on which the 
        report is submitted, including the number of applications 
        received each month, by each Bureau of Ocean Energy management 
        regional office, including--
                    (A) a description of any cause of delay for pending 
                applications, including as a result of staffing 
                shortages, technical limitations, incomplete 
                applications, and incomplete review pursuant to the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) or other applicable laws;
                    (B) the number of days an application has been 
                pending; and
                    (C) a plan for how the Bureau of Ocean Energy 
                Management intends to complete review of each 
                application;
            (5) the number of licenses for offshore geological and 
        geophysical surveys issued each month by each Bureau of Ocean 
        Energy Management regional office during the 5-year period 
        ending on the date on which the report is submitted;
            (6) the status of each pending application for a permit to 
        drill received during the period of 365 days that ends on the 
        date on which the report is submitted, including the number of 
        applications received each month, by each Bureau of Safety and 
        Environmental Enforcement regional office, including--
                    (A) a description of any cause of delay for pending 
                applications, including as a result of staffing 
                shortages, technical limitations, incomplete 
                applications, and incomplete review pursuant to the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) or other applicable laws;
                    (B) the number of days an application has been 
                pending; and
                    (C) steps the Bureau of Safety and Environmental 
                Enforcement is taking to complete review of each 
                application;
            (7) the number of permits to drill issued each month by 
        each Bureau of Safety and Environmental Enforcement regional 
        office during the period of 365 days that ends on the date on 
        which the report is submitted;
            (8) how, as applicable, the Bureau of Land Management, the 
        Bureau of Ocean Energy Management, and the Bureau of Safety and 
        Environmental Enforcement determines whether to--
                    (A) issue a license for geological and geophysical 
                surveys;
                    (B) issue a permit to drill; and
                    (C) issue, extend, or suspend an oil and gas lease;
            (9) when determinations described in paragraph (8) are sent 
        to the national office of the Bureau of Land Management, the 
        Bureau of Ocean Energy Management, or the Bureau of Safety and 
        Environmental Enforcement for final approval;
            (10) the degree to which Bureau of Land Management, Bureau 
        of Ocean Energy Management, and Bureau of Safety and 
        Environmental Enforcement field, State, and regional offices 
        exercise discretion on such final approval;
            (11) during the period of 365 days that ends on the date on 
        which the report is submitted, the number of auctioned leases 
        receiving accepted bids that have not been issued to winning 
        bidders and the number of days such leases have not been 
        issued; and
            (12) a description of the uses of application for permit to 
        drill fees paid by permit holders during the 5-year period 
        ending on the date on which the report is submitted.
    (b) Pending Applications for Permits To Drill.--Not later than 30 
days after the date of the enactment of this section, the Secretary of 
the Interior shall--
            (1) complete all requirements under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
        other applicable law that must be met before issuance of a 
        permit to drill described in paragraph (2); and
            (2) issue a permit for all completed applications to drill 
        that are pending on the date of the enactment of this Act.
    (c) Public Availability of Data.--
            (1) Mineral leasing act.--Section 17 of the Mineral Leasing 
        Act (30 U.S.C. 226) is further amended by adding at the end the 
        following:
    ``(t) Public Availability of Data.--
            ``(1) Expressions of interest.--Not later than 30 days 
        after the date of the enactment of this subsection, and each 
        month thereafter, the Secretary shall publish on the website of 
        the Department of the Interior the number of pending, approved, 
        and not approved expressions of interest in nominated parcels 
        for future onshore oil and gas lease sales in the preceding 
        month.
            ``(2) Applications for permits to drill.--Not later than 30 
        days after the date of the enactment of this subsection, and 
        each month thereafter, the Secretary shall publish on the 
        website of the Department of the Interior the number of pending 
        and approved applications for permits to drill in the preceding 
        month in each State office.
            ``(3) Past data.--Not later than 30 days after the date of 
        the enactment of this subsection, the Secretary shall publish 
        on the website of the Department of the Interior, with respect 
        to each month during the 5-year period ending on the date of 
        the enactment of this subsection--
                    ``(A) the number of approved and not approved 
                expressions of interest for onshore oil and gas lease 
                sales during such 5-year period; and
                    ``(B) the number of approved and not approved 
                applications for permits to drill during such 5-year 
                period.''.
            (2) Outer continental shelf lands act.--Section 8 of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended 
        by adding at the end the following:
    ``(q) Public Availability of Data.--
            ``(1) Offshore geological and geophysical survey 
        licenses.--Not later than 30 days after the date of the 
        enactment of this subsection, and each month thereafter, the 
        Secretary shall publish on the website of the Department of the 
        Interior the number of pending and approved applications for 
        licenses for offshore geological and geophysical surveys in the 
        preceding month.
            ``(2) Applications for permits to drill.--Not later than 30 
        days after the date of the enactment of this subsection, and 
        each month thereafter, the Secretary shall publish on the 
        website of the Department of the Interior the number of pending 
        and approved applications for permits to drill on the outer 
        Continental Shelf in the preceding month in each regional 
        office.
            ``(3) Past data.--Not later than 30 days after the date of 
        the enactment of this subsection, the Secretary shall publish 
        on the website of the Department of the Interior, with respect 
        each month during the 5-year period ending on the date of the 
        enactment of this subsection--
                    ``(A) the number of approved applications for 
                licenses for offshore geological and geophysical 
                surveys; and
                    ``(B) the number of approved applications for 
                permits to drill on the outer Continental Shelf.''.
    (d) Requirement To Submit Documents and Communications.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this section, the Secretary of the Interior 
        shall submit to the Committee on Energy and Natural Resources 
        of the Senate and the Committee on Natural Resources of the 
        House of Representatives all documents and communications 
        relating to the comprehensive review of Federal oil and gas 
        permitting and leasing practices required under section 208 of 
        Executive Order 14008 (86 Fed. Reg. 7624; relating to tackling 
        the climate crisis at home and abroad).
            (2) Inclusions.--The submission under paragraph (1) shall 
        include all documents and communications submitted to the 
        Secretary of the Interior by members of the public in response 
        to any public meeting or forum relating to the comprehensive 
        review described in that paragraph.

SEC. 1807. OFFSHORE OIL AND GAS LEASING.

    (a) In General.--The Secretary shall conduct all lease sales 
described in the 2017- 2022 Outer Continental Shelf Oil and Gas Leasing 
Proposed Final Program (November 2016) that have not been conducted as 
of the date of the enactment of this Act by not later than September 
30, 2023.
    (b) Gulf of Mexico Region Annual Lease Sales.--Notwithstanding any 
other provision of law, and except within areas subject to existing oil 
and gas leasing moratoria beginning in fiscal year 2024, the Secretary 
of the Interior shall annually conduct a minimum of 2 region-wide oil 
and gas lease sales in the following planning areas of the Gulf of 
Mexico region, as described in the 2017-2022 Outer Continental Shelf 
Oil and Gas Leasing Proposed Final Program (November 2016).
            (1) The Central Gulf of Mexico Planning Area.
            (2) The Western Gulf of Mexico Planning Area.
    (c) Alaska Region Annual Lease Sales.--Notwithstanding any other 
provision of law, beginning in fiscal year 2024, the Secretary of the 
Interior shall annually conduct a minimum of 2 region-wide oil and gas 
lease sales in the Alaska region of the Outer Continental Shelf, as 
described in the 2017-2022 Outer Continental Shelf Oil and Gas Leasing 
Proposed Final Program (November 2016).
    (d) Requirements.--In conducting lease sales under subsections (b) 
and (c), the Secretary of the Interior shall--
            (1) issue such leases in accordance with the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1332 et seq.); and
            (2) include in each such lease sale all unleased areas that 
        are not subject to a moratorium as of the date of the lease 
        sale.

SEC. 1808. FIVE-YEAR PLAN FOR OFFSHORE OIL AND GAS LEASING.

    Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344) is amended--
            (1) in subsection (a)--
                    (A) by striking ``subsections (c) and (d) of this 
                section, shall prepare and periodically revise,'' and 
                inserting ``this section, shall issue every five 
                years'';
                    (B) by adding at the end the following:
            ``(5) Each five-year program shall include at least two 
        Gulf of Mexico region-wide lease sales per year.''; and
                    (C) in paragraph (3), by inserting ``domestic 
                energy security,'' after ``between'';
            (2) by redesignating subsections (f) through (i) as 
        subsections (h) through (k), respectively; and
            (3) by inserting after subsection (e) the following:
    ``(f) Five-Year Program for 2023-2028.--The Secretary shall issue 
the five-year oil and gas leasing program for 2023 through 2028 and 
issue the Record of Decision on the Final Programmatic Environmental 
Impact Statement by not later than July 1, 2023.
    ``(g) Subsequent Leasing Programs.--
            ``(1) In general.--Not later than 36 months after 
        conducting the first lease sale under an oil and gas leasing 
        program prepared pursuant to this section, the Secretary shall 
        begin preparing the subsequent oil and gas leasing program 
        under this section.
            ``(2) Requirement.--Each subsequent oil and gas leasing 
        program under this section shall be approved by not later than 
        180 days before the expiration of the previous oil and gas 
        leasing program.''.

SEC. 1809. GEOTHERMAL LEASING.

    (a) Annual Leasing.--Section 4(b) of the Geothermal Steam Act of 
1970 (30 U.S.C. 1003(b)) is amended--
            (1) in paragraph (2), by striking ``2 years'' and inserting 
        ``year'';
            (2) by redesignating paragraphs (3) and (4) as paragraphs 
        (5) and (6), respectively; and
            (3) after paragraph (2), by inserting the following:
            ``(3) Replacement sales.--If a lease sale under paragraph 
        (1) for a year is canceled or delayed, the Secretary of the 
        Interior shall conduct a replacement sale during the same year.
            ``(4) Requirement.--In conducting a lease sale under 
        paragraph (2) in a State described in that paragraph, the 
        Secretary of the Interior shall offer all nominated parcels 
        eligible for geothermal development and utilization under the 
        resource management plan in effect for the State.''.
    (b) Deadlines for Consideration of Geothermal Drilling Permits.--
Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003) is 
amended by adding at the end the following:
    ``(h) Deadlines for Consideration of Geothermal Drilling Permits.--
            ``(1) Notice.--Not later than 30 days after the date on 
        which the Secretary receives an application for any geothermal 
        drilling permit, the Secretary shall--
                    ``(A) provide written notice to the applicant that 
                the application is complete; or
                    ``(B) notify the applicant that information is 
                missing and specify any information that is required to 
                be submitted for the application to be complete.
            ``(2) Issuance of decision.--If the Secretary determines 
        that an application for a geothermal drilling permit is 
        complete under paragraph (1)(A), the Secretary shall issue a 
        final decision on the application not later than 30 days after 
        the Secretary notifies the applicant that the application is 
        complete.''.

SEC. 1810. LEASING FOR CERTAIN QUALIFIED COAL APPLICATIONS.

    (a) Definitions.--In this section:
            (1) Coal lease.--The term ``coal lease'' means a lease 
        entered into by the United States as lessor, through the Bureau 
        of Land Management, and the applicant on Bureau of Land 
        Management Form 3400-012.
            (2) Qualified application.--The term ``qualified 
        application'' means any application pending under the lease by 
        application program administered by the Bureau of Land 
        Management pursuant to the Mineral Leasing Act (30 U.S.C. 181 
        et seq.) and subpart 3425 of title 43, Code of Federal 
        Regulations (as in effect on the date of the enactment of this 
        Act), for which the environmental review process under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) has commenced.
    (b) Mandatory Leasing and Other Required Approvals.--As soon as 
practicable after the date of the enactment of this Act, the Secretary 
shall promptly--
            (1) with respect to each qualified application--
                    (A) if not previously published for public comment, 
                publish a draft environmental assessment, as required 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) and any applicable implementing 
                regulations;
                    (B) finalize the fair market value of the coal 
                tract for which a lease by application is pending;
                    (C) take all intermediate actions necessary to 
                grant the qualified application; and
                    (D) grant the qualified application; and
            (2) with respect to previously awarded coal leases, grant 
        any additional approvals of the Department of the Interior or 
        any bureau, agency, or division of the Department of the 
        Interior required for mining activities to commence.

SEC. 1811. FUTURE COAL LEASING.

    Notwithstanding any judicial decision to the contrary or a 
departmental review of the Federal coal leasing program, Secretarial 
Order 3338, issued by the Secretary of the Interior on January 15, 
2016, shall have no force or effect.

SEC. 1812. STAFF PLANNING REPORT.

    The Secretary of the Interior and the Secretary of Agriculture 
shall each annually submit to the Committee on Natural Resources of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report on the staffing capacity of each 
respective agency with respect to issuing oil, gas, hardrock mining, 
coal, and renewable energy leases, rights-of-way, claims, easements, 
and permits. Each such report shall include--
            (1) the number of staff assigned to process and issue oil, 
        gas, hardrock mining, coal, and renewable energy leases, 
        rights-of-way, claims, easements, and permits;
            (2) a description of how many staff are needed to meet 
        statutory requirements for such oil, gas, hardrock mining, 
        coal, and renewable energy leases, rights-of-way, claims, 
        easements, and permits; and
            (3) how, as applicable, the Department of the Interior or 
        the Department of Agriculture plans to address staffing 
        shortfalls and turnover to ensure adequate staffing to process 
        and issue such oil, gas, hardrock mining, coal, and renewable 
        energy leases, rights-of-way, claims, easements, and permits.

SEC. 1813. EFFECT ON OTHER LAW.

    Nothing in this Act, or any amendments made by this Act, shall 
affect--
            (1) the Presidential memorandum titled ``Memorandum on 
        Withdrawal of Certain Areas of the United States Outer 
        Continental Shelf From Leasing Disposition'' and dated 
        September 8, 2020;
            (2) the Presidential memorandum titled ``Memorandum on 
        Withdrawal of Certain Areas of the United States Outer 
        Continental Shelf From Leasing Disposition'' and dated 
        September 25, 2020;
            (3) the Presidential memorandum titled ``Memorandum on 
        Withdrawal of Certain Areas off the Atlantic Coast on the Outer 
        Continental Shelf From Leasing Disposition'' and dated December 
        20, 2016; or
            (4) the ban on oil and gas development in the Great Lakes 
        described in section 386 of the Energy Policy Act of 2005 (42 
        U.S.C. 15941).

                  Subtitle B--Permitting Streamlining

SEC. 201. DEFINITIONS.

     In this subtitle:
            (1) Energy facility.--The term ``energy facility'' means a 
        facility the primary purpose of which is the exploration for, 
        or the development, production, conversion, gathering, storage, 
        transfer, processing, or transportation of, any energy 
        resource.
            (2) Energy storage device.--The term ``energy storage 
        device''--
                    (A) means any equipment that stores energy, 
                including electricity, compressed air, pumped water, 
                heat, and hydrogen, which may be converted into, or 
                used to produce, electricity; and
                    (B) includes a battery, regenerative fuel cell, 
                flywheel, capacitor, superconducting magnet, and any 
                other equipment the Secretary concerned determines may 
                be used to store energy which may be converted into, or 
                used to produce, electricity.
            (3) Public lands.--The term ``public lands'' means any land 
        and interest in land owned by the United States within the 
        several States and administered by the Secretary of the 
        Interior or the Secretary of Agriculture without regard to how 
        the United States acquired ownership, except--
                    (A) lands located on the Outer Continental Shelf; 
                and
                    (B) lands held in trust by the United States for 
                the benefit of Indians, Indian Tribes, Aleuts, and 
                Eskimos.
            (4) Right-of-way.--The term ``right-of-way'' means--
                    (A) a right-of-way issued, granted, or renewed 
                under section 501 of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1761); or
                    (B) a right-of-way granted under section 28 of the 
                Mineral Leasing Act (30 U.S.C. 185).
            (5) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) with respect to public lands, the Secretary of 
                the Interior; and
                    (B) with respect to National Forest System lands, 
                the Secretary of Agriculture.
            (6) Land use plan.--The term ``land use plan'' means--
                    (A) a land and resource management plan prepared by 
                the Forest Service for a unit of the National Forest 
                System pursuant to section 6 of the Forest and 
                Rangeland Renewable Resources Planning Act of 1974 (16 
                U.S.C. 1604);
                    (B) a Land Management Plan developed by the Bureau 
                of Land Management under the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1701 et seq.); or
                    (C) a comprehensive conservation plan developed by 
                the United States Fish and Wildlife Service under 
                section 4(e)(1)(A) of the National Wildlife Refuge 
                System Administration Act of 1966 (16 U.S.C. 
                668dd(e)(1)(A)).

SEC. 202. BUILDER ACT.

    (a) Paragraph (2) of Section 102.--Section 102(2) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) is amended--
            (1) in subparagraph (A), by striking ``insure'' and 
        inserting ``ensure'';
            (2) in subparagraph (B), by striking ``insure'' and 
        inserting ``ensure'';
            (3) in subparagraph (C)--
                    (A) by inserting ``consistent with the provisions 
                of this Act and except as provided by other provisions 
                of law,'' before ``include in every'';
                    (B) by striking clauses (i) through (v) and 
                inserting the following:
                            ``(i) reasonably foreseeable environmental 
                        effects with a reasonably close causal 
                        relationship to the proposed agency action;
                            ``(ii) any reasonably foreseeable adverse 
                        environmental effects which cannot be avoided 
                        should the proposal be implemented;
                            ``(iii) a reasonable number of alternatives 
                        to the proposed agency action, including an 
                        analysis of any negative environmental impacts 
                        of not implementing the proposed agency action 
                        in the case of a no action alternative, that 
                        are technically and economically feasible, are 
                        within the jurisdiction of the agency, meet the 
                        purpose and need of the proposal, and, where 
                        applicable, meet the goals of the applicant;
                            ``(iv) the relationship between local 
                        short-term uses of man's environment and the 
                        maintenance and enhancement of long-term 
                        productivity; and
                            ``(v) any irreversible and irretrievable 
                        commitments of Federal resources which would be 
                        involved in the proposed agency action should 
                        it be implemented.''; and
                    (C) by striking ``the responsible Federal 
                official'' and inserting ``the head of the lead 
                agency'';
            (4) in subparagraph (D), by striking ``Any'' and inserting 
        ``any'';
            (5) by redesignating subparagraphs (D) through (I) as 
        subparagraphs (F) through (K), respectively;
            (6) by inserting after subparagraph (C) the following:
                    ``(D) ensure the professional integrity, including 
                scientific integrity, of the discussion and analysis in 
                an environmental document;
                    ``(E) make use of reliable existing data and 
                resources in carrying out this Act;'';
            (7) by amending subparagraph (G), as redesignated, to read 
        as follows:
                    ``(G) consistent with the provisions of this Act, 
                study, develop, and describe technically and 
                economically feasible alternatives within the 
                jurisdiction and authority of the agency;''; and
            (8) in subparagraph (H), as amended, by inserting 
        ``consistent with the provisions of this Act,'' before 
        ``recognize''.
    (b) New Sections.--Title I of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) is amended by adding at the end the 
following:

``SEC. 106. PROCEDURE FOR DETERMINATION OF LEVEL OF REVIEW.

    ``(a) Threshold Determinations.--An agency is not required to 
prepare an environmental document with respect to a proposed agency 
action if--
            ``(1) the proposed agency action is not a final agency 
        action within the meaning of such term in chapter 5 of title 5, 
        United States Code;
            ``(2) the proposed agency action is covered by a 
        categorical exclusion established by the agency, another 
        Federal agency, or another provision of law;
            ``(3) the preparation of such document would clearly and 
        fundamentally conflict with the requirements of another 
        provision of law;
            ``(4) the proposed agency action is, in whole or in part, a 
        nondiscretionary action with respect to which such agency does 
        not have authority to take environmental factors into 
        consideration in determining whether to take the proposed 
        action;
            ``(5) the proposed agency action is a rulemaking that is 
        subject to section 553 of title 5, United States Code; or
            ``(6) the proposed agency action is an action for which 
        such agency's compliance with another statute's requirements 
        serve the same or similar function as the requirements of this 
        Act with respect to such action.
    ``(b) Levels of Review.--
            ``(1) Environmental impact statement.--An agency shall 
        issue an environmental impact statement with respect to a 
        proposed agency action that has a significant effect on the 
        quality of the human environment.
            ``(2) Environmental assessment.--An agency shall prepare an 
        environmental assessment with respect to a proposed agency 
        action that is not likely to have a significant effect on the 
        quality of the human environment, or if the significance of 
        such effect is unknown, unless the agency finds that a 
        categorical exclusion established by the agency, another 
        Federal agency, or another provision of law applies. Such 
        environmental assessment shall be a concise public document 
        prepared by a Federal agency to set forth the basis of such 
        agency's finding of no significant impact.
            ``(3) Sources of information.--In making a determination 
        under this subsection, an agency--
                    ``(A) may make use of any reliable data source; and
                    ``(B) is not required to undertake new scientific 
                or technical research.

``SEC. 107. TIMELY AND UNIFIED FEDERAL REVIEWS.

    ``(a) Lead Agency.--
            ``(1) Designation.--
                    ``(A) In general.--If there are two or more 
                involved Federal agencies, such agencies shall 
                determine, by letter or memorandum, which agency shall 
                be the lead agency based on consideration of the 
                following factors:
                            ``(i) Magnitude of agency's involvement.
                            ``(ii) Project approval or disapproval 
                        authority.
                            ``(iii) Expertise concerning the action's 
                        environmental effects.
                            ``(iv) Duration of agency's involvement.
                            ``(v) Sequence of agency's involvement.
                    ``(B) Joint lead agencies.--In making a 
                determination under subparagraph (A), the involved 
                Federal agencies may, in addition to a Federal agency, 
                appoint such Federal, State, Tribal, or local agencies 
                as joint lead agencies as the involved Federal agencies 
                shall determine appropriate. Joint lead agencies shall 
                jointly fulfill the role described in paragraph (2).
                    ``(C) Mineral projects.--This paragraph shall not 
                apply with respect to a mineral exploration or mine 
                permit.
            ``(2) Role.--A lead agency shall, with respect to a 
        proposed agency action--
                    ``(A) supervise the preparation of an environmental 
                document if, with respect to such proposed agency 
                action, there is more than one involved Federal agency;
                    ``(B) request the participation of each cooperating 
                agency at the earliest practicable time;
                    ``(C) in preparing an environmental document, give 
                consideration to any analysis or proposal created by a 
                cooperating agency with jurisdiction by law or a 
                cooperating agency with special expertise;
                    ``(D) develop a schedule, in consultation with each 
                involved cooperating agency, the applicant, and such 
                other entities as the lead agency determines 
                appropriate, for completion of any environmental 
                review, permit, or authorization required to carry out 
                the proposed agency action;
                    ``(E) if the lead agency determines that a review, 
                permit, or authorization will not be completed in 
                accordance with the schedule developed under 
                subparagraph (D), notify the agency responsible for 
                issuing such review, permit, or authorization of the 
                discrepancy and request that such agency take such 
                measures as such agency determines appropriate to 
                comply with such schedule; and
                    ``(F) meet with a cooperating agency that requests 
                such a meeting.
            ``(3) Cooperating agency.--The lead agency may, with 
        respect to a proposed agency action, designate any involved 
        Federal agency or a State, Tribal, or local agency as a 
        cooperating agency. A cooperating agency may, not later than a 
        date specified by the lead agency, submit comments to the lead 
        agency. Such comments shall be limited to matters relating to 
        the proposed agency action with respect to which such agency 
        has special expertise or jurisdiction by law with respect to an 
        environmental issue.
            ``(4) Request for designation.--Any Federal, State, Tribal, 
        or local agency or person that is substantially affected by the 
        lack of a designation of a lead agency with respect to a 
        proposed agency action under paragraph (1) may submit a written 
        request for such a designation to an involved Federal agency. 
        An agency that receives a request under this paragraph shall 
        transmit such request to each involved Federal agency and to 
        the Council.
            ``(5) Council designation.--
                    ``(A) Request.--Not earlier than 45 days after the 
                date on which a request is submitted under paragraph 
                (4), if no designation has been made under paragraph 
                (1), a Federal, State, Tribal, or local agency or 
                person that is substantially affected by the lack of a 
                designation of a lead agency may request that the 
                Council designate a lead agency. Such request shall 
                consist of--
                            ``(i) a precise description of the nature 
                        and extent of the proposed agency action; and
                            ``(ii) a detailed statement with respect to 
                        each involved Federal agency and each factor 
                        listed in paragraph (1) regarding which agency 
                        should serve as lead agency.
                    ``(B) Transmission.--The Council shall transmit a 
                request received under subparagraph (A) to each 
                involved Federal agency.
                    ``(C) Response.--An involved Federal agency may, 
                not later than 20 days after the date of the submission 
                of a request under subparagraph (A), submit to the 
                Council a response to such request.
                    ``(D) Designation.--Not later than 40 days after 
                the date of the submission of a request under 
                subparagraph (A), the Council shall designate the lead 
                agency with respect to the relevant proposed agency 
                action.
    ``(b) One Document.--
            ``(1) Document.--To the extent practicable, if there are 2 
        or more involved Federal agencies with respect to a proposed 
        agency action and the lead agency has determined that an 
        environmental document is required, such requirement shall be 
        deemed satisfied with respect to all involved Federal agencies 
        if the lead agency issues such an environmental document.
            ``(2) Consideration timing.--In developing an environmental 
        document for a proposed agency action, no involved Federal 
        agency shall be required to consider any information that 
        becomes available after the sooner of, as applicable--
                    ``(A) receipt of a complete application with 
                respect to such proposed agency action; or
                    ``(B) publication of a notice of intent or decision 
                to prepare an environmental impact statement for such 
                proposed agency action.
            ``(3) Scope of review.--In developing an environmental 
        document for a proposed agency action, the lead agency and any 
        other involved Federal agencies shall only consider the effects 
        of the proposed agency action that--
                    ``(A) occur on Federal land; or
                    ``(B) are subject to Federal control and 
                responsibility.
    ``(c) Request for Public Comment.--Each notice of intent to prepare 
an environmental impact statement under section 102 shall include a 
request for public comment on alternatives or impacts and on relevant 
information, studies, or analyses with respect to the proposed agency 
action.
    ``(d) Statement of Purpose and Need.--Each environmental impact 
statement shall include a statement of purpose and need that briefly 
summarizes the underlying purpose and need for the proposed agency 
action.
    ``(e) Estimated Total Cost.--The cover sheet for each environmental 
impact statement shall include a statement of the estimated total cost 
of preparing such environmental impact statement, including the costs 
of agency full-time equivalent personnel hours, contractor costs, and 
other direct costs.
    ``(f) Page Limits.--
            ``(1) Environmental impact statements.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an environmental impact statement 
                shall not exceed 150 pages, not including any citations 
                or appendices.
                    ``(B) Extraordinary complexity.--An environmental 
                impact statement for a proposed agency action of 
                extraordinary complexity shall not exceed 300 pages, 
                not including any citations or appendices.
            ``(2) Environmental assessments.--An environmental 
        assessment shall not exceed 75 pages, not including any 
        citations or appendices.
    ``(g) Sponsor Preparation.--A lead agency shall allow a project 
sponsor to prepare an environmental assessment or an environmental 
impact statement upon request of the project sponsor. Such agency may 
provide such sponsor with appropriate guidance and assist in the 
preparation. The lead agency shall independently evaluate the 
environmental document and shall take responsibility for the contents 
upon adoption.
    ``(h) Deadlines.--
            ``(1) In general.--Except as provided in paragraph (2), 
        with respect to a proposed agency action, a lead agency shall 
        complete, as applicable--
                    ``(A) the environmental impact statement not later 
                than the date that is 2 years after the sooner of, as 
                applicable--
                            ``(i) the date on which such agency 
                        determines that section 102(2)(C) requires the 
                        issuance of an environmental impact statement 
                        with respect to such action;
                            ``(ii) the date on which such agency 
                        notifies the applicant that the application to 
                        establish a right-of-way for such action is 
                        complete; and
                            ``(iii) the date on which such agency 
                        issues a notice of intent to prepare the 
                        environmental impact statement for such action; 
                        and
                    ``(B) the environmental assessment not later than 
                the date that is 1 year after the sooner of, as 
                applicable--
                            ``(i) the date on which such agency 
                        determines that section 106(b)(2) requires the 
                        preparation of an environmental assessment with 
                        respect to such action;
                            ``(ii) the date on which such agency 
                        notifies the applicant that the application to 
                        establish a right-of-way for such action is 
                        complete; and
                            ``(iii) the date on which such agency 
                        issues a notice of intent to prepare the 
                        environmental assessment for such action.
            ``(2) Delay.--A lead agency that determines it is not able 
        to meet the deadline described in paragraph (1) may extend such 
        deadline with the approval of the applicant. If the applicant 
        approves such an extension, the lead agency shall establish a 
        new deadline that provides only so much additional time as is 
        necessary to complete such environmental impact statement or 
        environmental assessment.
            ``(3) Expenditures for delay.--If a lead agency is unable 
        to meet the deadline described in paragraph (1) or extended 
        under paragraph (2), the lead agency must pay $100 per day, to 
        the extent funding is provided in advance in an appropriations 
        Act, out of the office of the head of the department of the 
        lead agency to the applicant starting on the first day 
        immediately following the deadline described in paragraph (1) 
        or extended under paragraph (2) up until the date that an 
        applicant approves a new deadline. This paragraph does not 
        apply when the lead agency misses a deadline solely due to 
        delays caused by litigation.
    ``(i) Report.--
            ``(1) In general.--The head of each lead agency shall 
        annually submit to the Committee on Natural Resources of the 
        House of Representatives and the Committee on Environment and 
        Public Works of the Senate a report that--
                    ``(A) identifies any environmental assessment and 
                environmental impact statement that such lead agency 
                did not complete by the deadline described in 
                subsection (h); and
                    ``(B) provides an explanation for any failure to 
                meet such deadline.
            ``(2) Inclusions.--Each report submitted under paragraph 
        (1) shall identify, as applicable--
                    ``(A) the office, bureau, division, unit, or other 
                entity within the Federal agency responsible for each 
                such environmental assessment and environmental impact 
                statement;
                    ``(B) the date on which--
                            ``(i) such lead agency notified the 
                        applicant that the application to establish a 
                        right-of-way for the major Federal action is 
                        complete;
                            ``(ii) such lead agency began the scoping 
                        for the major Federal action; or
                            ``(iii) such lead agency issued a notice of 
                        intent to prepare the environmental assessment 
                        or environmental impact statement for the major 
                        Federal action; and
                    ``(C) when such environmental assessment and 
                environmental impact statement is expected to be 
                complete.

``SEC. 108. JUDICIAL REVIEW.

    ``(a) Limitations on Claims.--Notwithstanding any other provision 
of law, a claim arising under Federal law seeking judicial review of 
compliance with this Act, of a determination made under this Act, or of 
Federal action resulting from a determination made under this Act, 
shall be barred unless--
            ``(1) in the case of a claim pertaining to a proposed 
        agency action for which--
                    ``(A) an environmental document was prepared and an 
                opportunity for comment was provided;
                    ``(B) the claim is filed by a party that 
                participated in the administrative proceedings 
                regarding such environmental document; and
                    ``(C) the claim--
                            ``(i) is filed by a party that submitted a 
                        comment during the public comment period for 
                        such administrative proceedings and such 
                        comment was sufficiently detailed to put the 
                        lead agency on notice of the issue upon which 
                        the party seeks judicial review; and
                            ``(ii) is related to such comment;
            ``(2) except as provided in subsection (b), such claim is 
        filed not later than 120 days after the date of publication of 
        a notice in the Federal Register of agency intent to carry out 
        the proposed agency action;
            ``(3) such claim is filed after the issuance of a record of 
        decision or other final agency action with respect to the 
        relevant proposed agency action;
            ``(4) such claim does not challenge the establishment or 
        use of a categorical exclusion under section 102; and
            ``(5) such claim concerns--
                    ``(A) an alternative included in the environmental 
                document; or
                    ``(B) an environmental effect considered in the 
                environmental document.
    ``(b) Supplemental Environmental Impact Statement.--
            ``(1) Separate final agency action.--The issuance of a 
        Federal action resulting from a final supplemental 
        environmental impact statement shall be considered a final 
        agency action for the purposes of chapter 5 of title 5, United 
        States Code, separate from the issuance of any previous 
        environmental impact statement with respect to the same 
        proposed agency action.
            ``(2) Deadline for filing a claim.--A claim seeking 
        judicial review of a Federal action resulting from a final 
        supplemental environmental review issued under section 
        102(2)(C) shall be barred unless--
                    ``(A) such claim is filed within 120 days of the 
                date on which a notice of the Federal agency action 
                resulting from a final supplemental environmental 
                impact statement is issued; and
                    ``(B) such claim is based on information contained 
                in such supplemental environmental impact statement 
                that was not contained in a previous environmental 
                document pertaining to the same proposed agency action.
    ``(c) Prohibition on Injunctive Relief.--Notwithstanding any other 
provision of law, a violation of this Act shall not constitute the 
basis for injunctive relief.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to create a right of judicial review or place any limit on 
filing a claim with respect to the violation of the terms of a permit, 
license, or approval.
    ``(e) Remand.--Notwithstanding any other provision of law, no 
proposed agency action for which an environmental document is required 
shall be vacated or otherwise limited, delayed, or enjoined unless a 
court concludes allowing such proposed action will pose a risk of an 
imminent and substantial environmental harm and there is no other 
equitable remedy available as a matter of law.

``SEC. 109. DEFINITIONS.

    ``In this title:
            ``(1) Categorical exclusion.--The term `categorical 
        exclusion' means a category of actions that a Federal agency 
        has determined normally does not significantly affect the 
        quality of the human environment within the meaning of section 
        102(2)(C).
            ``(2) Cooperating agency.--The term `cooperating agency' 
        means any Federal, State, Tribal, or local agency that has been 
        designated as a cooperating agency under section 107(a)(3).
            ``(3) Council.--The term `Council' means the Council on 
        Environmental Quality established in title II.
            ``(4) Environmental assessment.--The term `environmental 
        assessment' means an environmental assessment prepared under 
        section 106(b)(2).
            ``(5) Environmental document.--The term `environmental 
        document' means an environmental impact statement, an 
        environmental assessment, or a finding of no significant 
        impact.
            ``(6) Environmental impact statement.--The term 
        `environmental impact statement' means a detailed written 
        statement that is required by section 102(2)(C).
            ``(7) Finding of no significant impact.--The term `finding 
        of no significant impact' means a determination by a Federal 
        agency that a proposed agency action does not require the 
        issuance of an environmental impact statement.
            ``(8) Involved federal agency.--The term `involved Federal 
        agency' means an agency that, with respect to a proposed agency 
        action--
                    ``(A) proposed such action; or
                    ``(B) is involved in such action because such 
                action is directly related, through functional 
                interdependence or geographic proximity, to an action 
                such agency has taken or has proposed to take.
            ``(9) Lead agency.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `lead agency' means, with 
                respect to a proposed agency action--
                            ``(i) the agency that proposed such action; 
                        or
                            ``(ii) if there are 2 or more involved 
                        Federal agencies with respect to such action, 
                        the agency designated under section 107(a)(1).
                    ``(B) Specification for mineral exploration or mine 
                permits.--With respect to a proposed mineral 
                exploration or mine permit, the term `lead agency' has 
                the meaning given such term in section 40206(a) of the 
                Infrastructure Investment and Jobs Act.
            ``(10) Major federal action.--
                    ``(A) In general.--The term `major Federal action' 
                means an action that the agency carrying out such 
                action determines is subject to substantial Federal 
                control and responsibility.
                    ``(B) Exclusion.--The term `major Federal action' 
                does not include--
                            ``(i) a non-Federal action--
                                    ``(I) with no or minimal Federal 
                                funding;
                                    ``(II) with no or minimal Federal 
                                involvement where a Federal agency 
                                cannot control the outcome of the 
                                project; or
                                    ``(III) that does not include 
                                Federal land;
                            ``(ii) funding assistance solely in the 
                        form of general revenue sharing funds which do 
                        not provide Federal agency compliance or 
                        enforcement responsibility over the subsequent 
                        use of such funds;
                            ``(iii) loans, loan guarantees, or other 
                        forms of financial assistance where a Federal 
                        agency does not exercise sufficient control and 
                        responsibility over the effect of the action;
                            ``(iv) farm ownership and operating loan 
                        guarantees by the Farm Service Agency pursuant 
                        to sections 305 and 311 through 319 of the 
                        Consolidated Farmers Home Administration Act of 
                        1961 (7 U.S.C. 1925 and 1941 through 1949);
                            ``(v) business loan guarantees provided by 
                        the Small Business Administration pursuant to 
                        section 7(a) or (b) and of the Small Business 
                        Act (15 U.S.C. 636(a)), or title V of the Small 
                        Business Investment Act of 1958 (15 U.S.C. 695 
                        et seq.);
                            ``(vi) bringing judicial or administrative 
                        civil or criminal enforcement actions; or
                            ``(vii) extraterritorial activities or 
                        decisions, which means agency activities or 
                        decisions with effects located entirely outside 
                        of the jurisdiction of the United States.
                    ``(C) Additional exclusions.--An agency action may 
                not be determined to be a major Federal action on the 
                basis of--
                            ``(i) an interstate effect of the action or 
                        related project; or
                            ``(ii) the provision of Federal funds for 
                        the action or related project.
            ``(11) Mineral exploration or mine permit.--The term 
        `mineral exploration or mine permit' has the meaning given such 
        term in section 40206(a) of the Infrastructure Investment and 
        Jobs Act.
            ``(12) Proposal.--The term `proposal' means a proposed 
        action at a stage when an agency has a goal, is actively 
        preparing to make a decision on one or more alternative means 
        of accomplishing that goal, and can meaningfully evaluate its 
        effects.
            ``(13) Reasonably foreseeable.--The term `reasonably 
        foreseeable' means likely to occur--
                    ``(A) not later than 10 years after the lead agency 
                begins preparing the environmental document; and
                    ``(B) in an area directly affected by the proposed 
                agency action such that an individual of ordinary 
                prudence would take such occurrence into account in 
                reaching a decision.
            ``(14) Special expertise.--The term `special expertise' 
        means statutory responsibility, agency mission, or related 
        program experience.''.

SEC. 203. CODIFICATION OF NATIONAL ENVIRONMENTAL POLICY ACT 
              REGULATIONS.

    The revisions to the Code of Federal Regulations made pursuant to 
the final rule of the Council on Environmental Quality titled ``Update 
to the Regulations Implementing the Procedural Provisions of the 
National Environmental Policy Act'' and published on July 16, 2020 (85 
Fed. Reg. 43304), shall have the same force and effect of law as if 
enacted by an Act of Congress.

SEC. 204. NON-MAJOR FEDERAL ACTIONS.

    (a) Exemption.--An action by the Secretary concerned with respect 
to a covered activity shall be not considered a major Federal action 
under section 102(2)(C) of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332(2)(C)).
    (b) Covered Activity.--In this section, the term ``covered 
activity'' includes--
            (1) geotechnical investigations;
            (2) off-road travel in an existing right-of-way;
            (3) construction of meteorological towers where the total 
        surface disturbance at the location is less than 5 acres;
            (4) adding a battery or other energy storage device to an 
        existing or planned energy facility, if that storage resource 
        is located within the physical footprint of the existing or 
        planned energy facility;
            (5) drilling temperature gradient wells and other 
        geothermal exploratory wells, including construction or making 
        improvements for such activities, where--
                    (A) the last cemented casing string is less than 12 
                inches in diameter; and
                    (B) the total unreclaimed surface disturbance at 
                any one time within the project area is less than 5 
                acres;
            (6) any repair, maintenance, upgrade, optimization, or 
        minor addition to existing transmission and distribution 
        infrastructure, including--
                    (A) operation, maintenance, or repair of power 
                equipment and structures within existing substations, 
                switching stations, transmission, and distribution 
                lines;
                    (B) the addition, modification, retirement, or 
                replacement of breakers, transmission towers, 
                transformers, bushings, or relays;
                    (C) the voltage uprating, modification, 
                reconductoring with conventional or advanced 
                conductors, and clearance resolution of transmission 
                lines;
                    (D) activities to minimize fire risk, including 
                vegetation management, routine fire mitigation, 
                inspection, and maintenance activities, and removal of 
                hazard trees and other hazard vegetation within or 
                adjacent to an existing right-of-way;
                    (E) improvements to or construction of structure 
                pads for such infrastructure; and
                    (F) access and access route maintenance and repairs 
                associated with any activity described in subparagraph 
                (A) through (E);
            (7) approval of and activities conducted in accordance with 
        operating plans or agreements for transmission and distribution 
        facilities or under a special use authorization for an electric 
        transmission and distribution facility right-of-way; and
            (8) construction, maintenance, realignment, or repair of an 
        existing permanent or temporary access road--
                    (A) within an existing right-of-way or within a 
                transmission or utility corridor established by 
                Congress or in a land use plan;
                    (B) that serves an existing transmission line, 
                distribution line, or
                    (C) energy facility or activities conducted in 
                accordance with existing onshore oil and gas leases.

SEC. 205. NO NET LOSS DETERMINATION FOR EXISTING RIGHTS-OF-WAY.

    (a) In General.--Upon a determination by the Secretary concerned 
that there will be no overall long-term net loss of vegetation, soil, 
or habitat, as defined by acreage and function, resulting from a 
proposed action, decision, or activity within an existing right-of-way, 
within a right-of-way corridor established in a land use plan, or in an 
otherwise designated right-of-way, that action, decision, or activity 
shall not be considered a major Federal action under section 102(2)(C) 
of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)).
    (b) Inclusion of Remediation.--In making a determination under 
subsection (a), the Secretary concerned shall consider the effect of 
any remediation work to be conducted during the lifetime of the action, 
decision, or activity when determining whether there will be any 
overall long-term net loss of vegetation, soil, or habitat.

SEC. 206. DETERMINATION OF NATIONAL ENVIRONMENTAL POLICY ACT ADEQUACY.

    The Secretary concerned shall use previously completed 
environmental assessments and environmental impact statements to 
satisfy the requirements of section 102 of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332) with respect to any major Federal 
action, if such Secretary determines that--
            (1) the new proposed action is substantially the same as a 
        previously analyzed proposed action or alternative analyzed in 
        a previous environmental assessment or environmental impact 
        statement; and
            (2) the effects of the proposed action are substantially 
        the same as the effects analyzed in such existing environmental 
        assessments or environmental impact statements.

SEC. 207. DETERMINATION REGARDING RIGHTS-OF-WAY.

    Not later than 60 days after the Secretary concerned receives an 
application to grant a right-of-way, the Secretary concerned shall 
notify the applicant as to whether the application is complete or 
deficient. If the Secretary concerned determines the application is 
complete, the Secretary concerned may not consider any other 
application to grant a right-of-way on the same or any overlapping 
parcels of land while such application is pending.

SEC. 208. TERMS OF RIGHTS-OF-WAY.

    (a) Fifty-Year Terms for Rights-of-Way.--
            (1) In general.--Any right-of-way for pipelines for the 
        transportation or distribution of oil or gas granted, issued, 
        amended, or renewed under Federal law may be limited to a term 
        of not more than 50 years before such right-of-way is subject 
        to renewal or amendment.
            (2) Federal land policy and management act of 1976.--
        Section 501 of the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1761) is amended by adding at the end the 
        following:
    ``(e) Any right-of-way granted, issued, amended, or renewed under 
subsection (a)(4) may be limited to a term of not more than 50 years 
before such right-of-way is subject to renewal or amendment.''.
    (b) Mineral Leasing Act.--Section 28(n) of the Mineral Leasing Act 
(30 U.S.C. 185(n)) is amended by striking ``thirty'' and inserting 
``50''.

SEC. 209. FUNDING TO PROCESS PERMITS AND DEVELOP INFORMATION 
              TECHNOLOGY.

    (a) In General.--In fiscal years 2023 through 2025, the Secretary 
of Agriculture (acting through the Forest Service) and the Secretary of 
the Interior, after public notice, may accept and expend funds 
contributed by non-Federal entities for dedicated staff, information 
resource management, and information technology system development to 
expedite the evaluation of permits, biological opinions, concurrence 
letters, environmental surveys and studies, processing of applications, 
consultations, and other activities for the leasing, development, or 
expansion of an energy facility under the jurisdiction of the 
respective Secretaries.
    (b) Effect on Permitting.--In carrying out this section, the 
Secretary of the Interior shall ensure that the use of funds accepted 
under subsection (a) will not impact impartial decision making with 
respect to permits, either substantively or procedurally.
    (c) Statement for Failure To Accept or Expend Funds.--Not later 
than 60 days after the end of the applicable fiscal year, if the 
Secretary of Agriculture (acting through the Forest Service) or the 
Secretary of the Interior does not accept funds contributed under 
subsection (a) or accepts but does not expend such funds, that 
Secretary shall submit to the Committee on Natural Resources of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate a statement explaining why such funds were not 
accepted, were not expended, or both, as the case may be.

SEC. 210. OFFSHORE GEOLOGICAL AND GEOPHYSICAL SURVEY LICENSING.

    The Secretary of the Interior shall authorize geological and 
geophysical surveys related to oil and gas activities on the Gulf of 
Mexico Outer Continental Shelf, except within areas subject to existing 
oil and gas leasing moratoria. Such authorizations shall be issued 
within 30 days of receipt of a completed application and shall, as 
applicable to survey type, comply with the mitigation and monitoring 
measures in subsections (a), (b), (c), (d), (f), and (g) of section 
217.184 of title 50, Code of Federal Regulations (as in effect on 
January 1, 2022), and section 217.185 of title 50, Code of Federal 
Regulations (as in effect on January 1, 2022). Geological and 
geophysical surveys authorized pursuant to this section are deemed to 
be in full compliance with the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1361 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), and their implementing regulations.

SEC. 211. DEFERRAL OF APPLICATIONS FOR PERMITS TO DRILL.

    Section 17(p)(3) of the Mineral Leasing Act (30 U.S.C. 226(p)(3)) 
is amended by adding at the end the following:
                    ``(D) Deferral based on formatting issues.--A 
                decision on an application for a permit to drill may 
                not be deferred under paragraph (2)(B) as a result of a 
                formatting issue with the permit, unless such 
                formatting issue results in missing information.''.

SEC. 212. PROCESSING AND TERMS OF APPLICATIONS FOR PERMITS TO DRILL.

    (a) Effect of Pending Civil Actions.--Section 17(p) of the Mineral 
Leasing Act (30 U.S.C. 226(p)) is amended by adding at the end the 
following:
            ``(4) Effect of pending civil action on processing 
        applications for permits to drill.--Pursuant to the 
        requirements of paragraph (2), notwithstanding the existence of 
        any pending civil actions affecting the application or related 
        lease, the Secretary shall process an application for a permit 
        to drill or other authorizations or approvals under a valid 
        existing lease, unless a United States Federal court vacated 
        such lease. Nothing in this paragraph shall be construed as 
        providing authority to a Federal court to vacate a lease.''.
    (b) Term of Permit To Drill.--Section 17 of the Mineral Leasing Act 
(30 U.S.C. 226) is further amended by adding at the end the following:
    ``(u) Term of Permit To Drill.--A permit to drill issued under this 
section after the date of the enactment of this subsection shall be 
valid for one four-year term from the date that the permit is approved, 
or until the lease regarding which the permit is issued expires, 
whichever occurs first.''.

SEC. 213. AMENDMENTS TO THE ENERGY POLICY ACT OF 2005.

    Section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942) is 
amended to read as follows:

``SEC. 390. NATIONAL ENVIRONMENTAL POLICY ACT REVIEW.

    ``(a) National Environmental Policy Act Review.--Action by the 
Secretary of the Interior, in managing the public lands, or the 
Secretary of Agriculture, in managing National Forest System lands, 
with respect to any of the activities described in subsection (c), 
shall not be considered a major Federal action for the purposes of 
section 102(2)(C) of the National Environmental Policy Act of 1969, if 
the activity is conducted pursuant to the Mineral Leasing Act (30 
U.S.C. 181 et seq.) for the purpose of exploration or development of 
oil or gas.
    ``(b) Application.--This section shall not apply to an action of 
the Secretary of the Interior or the Secretary of Agriculture on Indian 
lands or resources managed in trust for the benefit of Indian Tribes.
    ``(c) Activities Described.--The activities referred to in 
subsection (a) are as follows:
            ``(1) Reinstating a lease pursuant to section 31 of the 
        Mineral Leasing Act (30 U.S.C. 188).
            ``(2) The following activities, provided that any new 
        surface disturbance is contiguous with the footprint of the 
        original authorization and does not exceed 20 acres or the 
        acreage has previously been evaluated in a document previously 
        prepared under section 102(2)(C) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to such 
        activity:
                    ``(A) Drilling an oil or gas well at a well pad 
                site at which drilling has occurred previously.
                    ``(B) Expansion of an existing oil or gas well pad 
                site to accommodate an additional well.
                    ``(C) Expansion or modification of an existing oil 
                or gas well pad site, road, pipeline, facility, or 
                utility submitted in a sundry notice.
            ``(3) Drilling of an oil or gas well at a new well pad 
        site, provided that the new surface disturbance does not exceed 
        20 acres and the acreage evaluated in a document previously 
        prepared under section 102(2)(C) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to such 
        activity, whichever is greater.
            ``(4) Construction or realignment of a road, pipeline, or 
        utility within an existing right-of-way or within a right-of-
        way corridor established in a land use plan.
            ``(5) The following activities when conducted from non-
        Federal surface into federally owned minerals, provided that 
        the operator submits to the Secretary concerned certification 
        of a surface use agreement with the non-Federal landowner:
                    ``(A) Drilling an oil or gas well at a well pad 
                site at which drilling has occurred previously.
                    ``(B) Expansion of an existing oil or gas well pad 
                site to accommodate an additional well.
                    ``(C) Expansion or modification of an existing oil 
                or gas well pad site, road, pipeline, facility, or 
                utility submitted in a sundry notice.
            ``(6) Drilling of an oil or gas well from non-Federal 
        surface and non-Federal subsurface into Federal mineral estate.
            ``(7) Construction of up to 1 mile of new road on Federal 
        or non-Federal surface, not to exceed 2 miles in total.
            ``(8) Construction of up to 3 miles of individual pipelines 
        or utilities, regardless of surface ownership.''.

SEC. 214. ACCESS TO FEDERAL ENERGY RESOURCES FROM NON-FEDERAL SURFACE 
              ESTATE.

    (a) Oil and Gas Permits.--Section 17 of the Mineral Leasing Act (30 
U.S.C. 226) is further amended by adding at the end the following:
    ``(v) No Federal Permit Required for Oil and Gas Activities on 
Certain Land.--
            ``(1) In general.--The Secretary shall not require an 
        operator to obtain a Federal drilling permit for oil and gas 
        exploration and production activities conducted on non-Federal 
        surface estate, provided that--
                    ``(A) the United States holds an ownership interest 
                of less than 50 percent of the subsurface mineral 
                estate to be accessed by the proposed action; and
                    ``(B) the operator submits to the Secretary a State 
                permit to conduct oil and gas exploration and 
                production activities on the non-Federal surface 
                estate.
            ``(2) No federal action.--An oil and gas exploration and 
        production activity carried out under paragraph (1)--
                    ``(A) shall not be considered a major Federal 
                action for the purposes of section 102(2)(C) of the 
                National Environmental Policy Act of 1969;
                    ``(B) shall require no additional Federal action;
                    ``(C) may commence 30 days after submission of the 
                State permit to the Secretary; and
                    ``(D) shall not be subject to--
                            ``(i) section 306108 of title 54, United 
                        States Code (commonly known as the National 
                        Historic Preservation Act of 1966); and
                            ``(ii) section 7 of the Endangered Species 
                        Act of 1973 (16 U.S.C. 1536).
            ``(3) Royalties and production accountability.--(A) Nothing 
        in this subsection shall affect the amount of royalties due to 
        the United States under this Act from the production of oil and 
        gas, or alter the Secretary's authority to conduct audits and 
        collect civil penalties pursuant to the Federal Oil and Gas 
        Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.).
            ``(B) The Secretary may conduct onsite reviews and 
        inspections to ensure proper accountability, measurement, and 
        reporting of production of Federal oil and gas, and payment of 
        royalties.
            ``(4) Exceptions.--This subsection shall not apply to 
        actions on Indian lands or resources managed in trust for the 
        benefit of Indian Tribes.
            ``(5) Indian land.--In this subsection, the term `Indian 
        land' means--
                    ``(A) any land located within the boundaries of an 
                Indian reservation, pueblo, or rancheria; and
                    ``(B) any land not located within the boundaries of 
                an Indian reservation, pueblo, or rancheria, the title 
                to which is held--
                            ``(i) in trust by the United States for the 
                        benefit of an Indian tribe or an individual 
                        Indian;
                            ``(ii) by an Indian tribe or an individual 
                        Indian, subject to restriction against 
                        alienation under laws of the United States; or
                            ``(iii) by a dependent Indian community.''.
    (b) Geothermal Permits.--The Geothermal Steam Act of 1970 (30 
U.S.C. 1001 et seq.) is amended by adding at the end the following:

``SEC. 30. NO FEDERAL PERMIT REQUIRED FOR GEOTHERMAL ACTIVITIES ON 
              CERTAIN LAND.

    ``(a) In General.--The Secretary shall not require an operator to 
obtain a Federal drilling permit for geothermal exploration and 
production activities conducted on a non-Federal surface estate, 
provided that--
            ``(1) the United States holds an ownership interest of less 
        than 50 percent of the subsurface geothermal estate to be 
        accessed by the proposed action; and
            ``(2) the operator submits to the Secretary a State permit 
        to conduct geothermal exploration and production activities on 
        the non-Federal surface estate.
    ``(b) No Federal Action.--A geothermal exploration and production 
activity carried out under paragraph (1)--
            ``(1) shall not be considered a major Federal action for 
        the purposes of section 102(2)(C) of the National Environmental 
        Policy Act of 1969;
            ``(2) shall require no additional Federal action;
            ``(3) may commence 30 days after submission of the State 
        permit to the Secretary; and
            ``(4) shall not be subject to--
                    ``(A) section 306108 of title 54, United States 
                Code (commonly known as the National Historic 
                Preservation Act of 1966); and
                    ``(B) section 7 of the Endangered Species Act of 
                1973 (16 U.S.C. 1536).
    ``(c) Royalties and Production Accountability.--(1) Nothing in this 
section shall affect the amount of royalties due to the United States 
under this Act from the production of electricity using geothermal 
resources (other than direct use of geothermal resources) or the 
production of any byproducts.
    ``(2) The Secretary may conduct onsite reviews and inspections to 
ensure proper accountability, measurement, and reporting of the 
production described in paragraph (1), and payment of royalties.
    ``(d) Exceptions.--This section shall not apply to actions on 
Indian lands or resources managed in trust for the benefit of Indian 
Tribes.
    ``(e) Indian Land.--In this section, the term `Indian land' means--
            ``(1) any land located within the boundaries of an Indian 
        reservation, pueblo, or rancheria; and
            ``(2) any land not located within the boundaries of an 
        Indian reservation, pueblo, or rancheria, the title to which is 
        held--
                    ``(A) in trust by the United States for the benefit 
                of an Indian tribe or an individual Indian;
                    ``(B) by an Indian tribe or an individual Indian, 
                subject to restriction against alienation under laws of 
                the United States; or
                    ``(C) by a dependent Indian community.''.

SEC. 215. SCOPE OF ENVIRONMENTAL REVIEWS FOR OIL AND GAS LEASES.

    An environmental review for an oil and gas lease or permit prepared 
pursuant to the requirements of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) and its implementing regulations--
            (1) shall apply only to areas that are within or 
        immediately adjacent to the lease plot or plots and that are 
        directly affected by the proposed action; and
            (2) shall not require consideration of downstream, indirect 
        effects of oil and gas consumption.

SEC. 216. EXPEDITING APPROVAL OF GATHERING LINES.

    Section 11318(b)(1) of the Infrastructure Investment and Jobs Act 
(42 U.S.C. 15943(b)(1)) is amended by striking ``to be an action that 
is categorically excluded (as defined in section 1508.1 of title 40, 
Code of Federal Regulations (as in effect on the date of enactment of 
this Act))'' and inserting ``to not be a major Federal action''.

SEC. 217. LEASE SALE LITIGATION.

    Notwithstanding any other provision of law, any oil and gas lease 
sale held under section 17 of the Mineral Leasing Act (26 U.S.C. 226) 
or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) shall 
not be vacated and activities on leases awarded in the sale shall not 
be otherwise limited, delayed, or enjoined unless the court concludes 
allowing development of the challenged lease will pose a risk of an 
imminent and substantial environmental harm and there is no other 
equitable remedy available as a matter of law. No court, in response to 
an action brought pursuant to the National Environmental Policy Act of 
1969 (42 U.S.C. et seq.), may enjoin or issue any order preventing the 
award of leases to a bidder in a lease sale conducted pursuant to 
section 17 of the Mineral Leasing Act (26 U.S.C. 226) or the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) if the Department 
of the Interior has previously opened bids for such leases or disclosed 
the high bidder for any tract that was included in such lease sale.

SEC. 218. LIMITATION ON CLAIMS.

    (a) In General.--Notwithstanding any other provision of law, a 
claim arising under Federal law seeking judicial review of a permit, 
license, or approval issued by a Federal agency for a mineral project, 
energy facility, or energy storage device shall be barred unless--
            (1) the claim is filed within 120 days after publication of 
        a notice in the Federal Register announcing that the permit, 
        license, or approval is final pursuant to the law under which 
        the agency action is taken, unless a shorter time is specified 
        in the Federal law pursuant to which judicial review is 
        allowed; and
            (2) the claim is filed by a party that submitted a comment 
        during the public comment period for such permit, license, or 
        approval and such comment was sufficiently detailed to put the 
        agency on notice of the issue upon which the party seeks 
        judicial review.
    (b) Savings Clause.--Nothing in this section shall create a right 
to judicial review or place any limit on filing a claim that a person 
has violated the terms of a permit, license, or approval.
    (c) Transportation Projects.--Subsection (a) shall not apply to or 
supersede a claim subject to section 139(l)(1) of title 23, United 
States Code.
    (d) Mineral Project.--In this section, the term ``mineral project'' 
means a project--
            (1) located on--
                    (A) a mining claim, millsite claim, or tunnel site 
                claim for any mineral;
                    (B) lands open to mineral entry; or
                    (C) a Federal mineral lease; and
            (2) for the purposes of exploring for or producing 
        minerals.

SEC. 219. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON PERMITS TO DRILL.

    (a) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall issue a 
report detailing--
            (1) the approval timelines for applications for permits to 
        drill issued by the Bureau of Land Management from 2018 through 
        2023;
            (2) the number of applications for permits to drill that 
        were not issued within 30 days of receipt of a completed 
        application; and
            (3) the causes of delays resulting in applications for 
        permits to drill pending beyond the 30-day deadline required 
        under section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 
        226(p)(2)).
    (b) Recommendations.--The report issued under subsection (a) shall 
include recommendations with respect to--
            (1) actions the Bureau of Land Management can take to 
        streamline the approval process for applications for permits to 
        drill to approve applications for permits to drill within 30 
        days of receipt of a completed application;
            (2) aspects of the Federal permitting process carried out 
        by the Bureau of Land Management to issue applications for 
        permits to drill that can be turned over to States to expedite 
        approval of applications for permits to drill; and
            (3) legislative actions that Congress must take to allow 
        States to administer certain aspects of the Federal permitting 
        process described in paragraph (2).

                Subtitle C--Permitting for Mining Needs

SEC. 301. DEFINITIONS.

    In this subtitle:
            (1) Byproduct.--The term ``byproduct'' has the meaning 
        given such term in section 7002(a) of the Energy Act of 2020 
        (30 U.S.C. 1606(a)).
            (2) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given such term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (3) Mineral.--The term ``mineral'' means any mineral of a 
        kind that is locatable (including, but not limited to, such 
        minerals located on ``lands acquired by the United States'', as 
        such term is defined in section 2 of the Mineral Leasing Act 
        for Acquired Lands) under the Act of May 10, 1872 (Chapter 152; 
        17 Stat. 91).
            (4) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of the Interior.
            (5) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands; and
                    (G) the United States Virgin Islands.

SEC. 302. MINERALS SUPPLY CHAIN AND RELIABILITY.

    Section 40206 of the Infrastructure Investment and Jobs Act (30 
U.S.C. 1607) is amended--
            (1) in the section heading, by striking ``critical 
        minerals'' and inserting ``minerals'';
            (2) by amending subsection (a) to read as follows:
    ``(a) Definitions.--In this section:
            ``(1) Lead agency.--The term `lead agency' means the 
        Federal agency with primary responsibility for issuing a 
        mineral exploration or mine permit or lease for a mineral 
        project.
            ``(2) Mineral.--The term `mineral' has the meaning given 
        such term in section 301 of the TAPP American Resources Act.
            ``(3) Mineral exploration or mine permit.--The term 
        `mineral exploration or mine permit' means--
                    ``(A) an authorization of the Bureau of Land 
                Management or the Forest Service, as applicable, for 
                exploration for minerals that requires analysis under 
                the National Environmental Policy Act of 1969;
                    ``(B) a plan of operations for a mineral project 
                approved by the Bureau of Land Management or the Forest 
                Service; or
                    ``(C) Any other federal permit or authorization for 
                a mineral project.
            ``(4) Mineral project.--The term `mineral project' means a 
        project--
                    ``(A) located on--
                            ``(i) a mining claim, millsite claim, or 
                        tunnel site claim for any mineral;
                            ``(ii) lands open to mineral entry; or
                            ``(iii) a Federal mineral lease; and
                    ``(B) for the purposes of exploring for or 
                producing minerals.'';
            (3) in subsection (b), by striking ``critical'' each place 
        such term appears;
            (4) in subsection (c)--
                    (A) by striking ``critical mineral production on 
                Federal land'' and inserting ``mineral projects'';
                    (B) by inserting ``, and in accordance with 
                subsection (h)'' after ``to the maximum extent 
                practicable'';
                    (C) by striking ``shall complete the'' and 
                inserting ``shall complete such'';
                    (D) in paragraph (1), by striking ``critical 
                mineral-related activities on Federal land'' and 
                inserting ``mineral projects'';
                    (E) in paragraph (8), by striking the ``and'' at 
                the end;
                    (F) in paragraph (9), by striking ``procedures.'' 
                and inserting ``procedures; and''; and
                    (G) by adding at the end the following:
            ``(10) deferring to and relying on baseline data, analyses, 
        and reviews performed by State agencies with jurisdiction over 
        the environmental or reclamation permits for the proposed 
        mineral project.'';
            (5) in subsection (d)--
                    (A) by striking ``critical'' each place such term 
                appears; and
                    (B) in paragraph (3), by striking ``mineral-related 
                activities on Federal land'' and inserting ``mineral 
                projects'';
            (6) in subsection (e), by striking ``critical'';
            (7) in subsection (f), by striking ``critical'' each place 
        such term appears;
            (8) in subsection (g), by striking ``critical'' each place 
        such term appears; and
            (9) by adding at the end the following:
    ``(h) Other Requirements.--
            ``(1) Memorandum of agreement.--For purposes of maximizing 
        efficiency and effectiveness of the Federal permitting and 
        review processes described under subsection (c), the lead 
        agency in the Federal permitting and review processes of a 
        mineral project shall (in consultation with any other Federal 
        agency involved in such Federal permitting and review 
        processes, and upon request of the project applicant, an 
        affected State government, local government, or an Indian 
        Tribe, or other entity such lead agency determines appropriate) 
        enter into a memorandum of agreement with a project applicant 
        where requested by the applicant to carry out the activities 
        described in subsection (c).
            ``(2) Timelines and schedules for nepa reviews.--
                    ``(A) Extension.--A project applicant may enter 
                into 1 or more agreements with a lead agency to extend 
                the deadlines described in subparagraphs (A) and (B) of 
                subsection (h)(1) of section 107 of title I of the 
                National Environmental Policy Act of 1969 by, with 
                respect to each such agreement, not more than 6 months.
                    ``(B) Adjustment of timelines.--At the request of a 
                project applicant, the lead agency and any other entity 
                which is a signatory to a memorandum of agreement under 
                paragraph (1) may, by unanimous agreement, adjust--
                            ``(i) any deadlines described in 
                        subparagraph (A); and
                            ``(ii) any deadlines extended under 
                        subparagraph (B).
            ``(3) Effect on pending applications.--Upon a written 
        request by a project applicant, the requirements of this 
        subsection shall apply to any application for a mineral 
        exploration or mine permit or mineral lease that was submitted 
        before the date of the enactment of the TAPP American Resources 
        Act''.

SEC. 303. FEDERAL REGISTER PROCESS IMPROVEMENT.

    Section 7002(f) of the Energy Act of 2020 (30 U.S.C. 1606(f)) is 
amended--
            (1) in paragraph (2), by striking ``critical'' both places 
        such term appears; and
            (2) by striking paragraph (4).

SEC. 304. DESIGNATION OF MINING AS A COVERED SECTOR FOR FEDERAL 
              PERMITTING IMPROVEMENT PURPOSES.

    Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) is 
amended by inserting ``mineral production,'' before ``or any other 
sector''.

SEC. 305. TREATMENT OF ACTIONS UNDER PRESIDENTIAL DETERMINATION 2022-11 
              FOR FEDERAL PERMITTING IMPROVEMENT PURPOSES.

    (a) In General.--Except as provided by subsection (c), an action 
described in subsection (b) shall be--
            (1) treated as a covered project, as defined in section 
        41001(6) of the FAST Act (42 U.S.C. 4370m(6)), without regard 
        to the requirements of that section; and
            (2) included in the Permitting Dashboard maintained 
        pursuant to section 41003(b) of that Act (42 13 U.S.C. 4370m-
        2(b)).
    (b) Actions Described.--An action described in this subsection is 
an action taken by the Secretary of Defense pursuant to Presidential 
Determination 2022-11 (87 Fed. Reg. 19775; relating to certain actions 
under section 303 of the Defense Production Act of 1950) or the 
Presidential Memorandum of February 27, 2023, titled ``Presidential 
Waiver of Statutory Requirements Pursuant to Section 303 of the Defense 
Production Act of 1950, as amended, on Department of Defense Supply 
Chains Resilience'' (88 Fed. Reg. 13015) to create, maintain, protect, 
expand, or restore sustainable and responsible domestic production 
capabilities through--
            (1) supporting feasibility studies for mature mining, 
        beneficiation, and value-added processing projects;
            (2) byproduct and co-product production at existing mining, 
        mine waste reclamation, and other industrial facilities;
            (3) modernization of mining, beneficiation, and value-added 
        processing to increase productivity, environmental 
        sustainability, and workforce safety; or
            (4) any other activity authorized under section 303(a)(1) 
        of the Defense Production Act of 1950 (50 U.S.C. 4533(a)(1)).
    (c) Exception.--An action described in subsection (b) may not be 
treated as a covered project or be included in the Permitting Dashboard 
under subsection (a) if the project sponsor (as defined in section 
41001(18) of the FAST Act (42 U.S.C. 21 4370m(18))) requests that the 
action not be treated as a covered project.

SEC. 306. NOTICE FOR MINERAL EXPLORATION ACTIVITIES WITH LIMITED 
              SURFACE DISTURBANCE.

    (a) In General.--Not later than 15 days before commencing an 
exploration activity with a surface disturbance of not more than 5 
acres of public lands, the operator of such exploration activity shall 
submit to the Secretary concerned a complete notice of such exploration 
activity.
    (b) Inclusions.--Notice submitted under subsection (a) shall 
include such information the Secretary concerned may require, including 
the information described in section 3809.301 of title 43, Code of 
Federal Regulations (or any successor regulation).
    (c) Review.--Not later than 15 days after the Secretary concerned 
receives notice submitted under subsection (a), the Secretary concerned 
shall--
            (1) review and determine completeness of the notice; and
            (2) allow exploration activities to proceed if--
                    (A) the surface disturbance of such exploration 
                activities on such public lands will not exceed 5 
                acres;
                    (B) the Secretary concerned determines that the 
                notice is complete; and
                    (C) the operator provides financial assurance that 
                the Secretary concerned determines is adequate.
    (d) Definitions.--In this section:
            (1) Exploration activity.--The term ``exploration 
        activity''--
                    (A) means creating surface disturbance greater than 
                casual use that includes sampling, drilling, or 
                developing surface or underground workings to evaluate 
                the type, extent, quantity, or quality of mineral 
                values present;
                    (B) includes constructing drill roads and drill 
                pads, drilling, trenching, excavating test pits, and 
                conducting geotechnical tests and geophysical surveys; 
                and
                    (C) does not include activities where material is 
                extracted for commercial use or sale.
            (2) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) with respect to lands administered by the 
                Secretary of the Interior, the Secretary of the 
                Interior; and
                    (B) with respect to National Forest System lands, 
                the Secretary of Agriculture.

SEC. 307. USE OF MINING CLAIMS FOR ANCILLARY ACTIVITIES.

    Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30 
U.S.C. 28f) is amended by adding at the end the following:
    ``(e) Security of Tenure.--
            ``(1) Claimant rights.--
                    ``(A) Definition of operations.--In this paragraph, 
                the term `operations' means--
                            ``(i) with respect to a locatable mineral, 
                        any activity or work carried out in connection 
                        with--
                                    ``(I) prospecting;
                                    ``(II) exploration;
                                    ``(III) discovery and assessment;
                                    ``(IV) development;
                                    ``(V) extraction; or
                                    ``(VI) processing;
                            ``(ii) the reclamation of an area disturbed 
                        by an activity described in clause (i); and
                            ``(iii) any activity reasonably incident to 
                        an activity described in clause (i) or (ii), 
                        regardless of whether that incidental activity 
                        is carried out on a mining claim, including the 
                        construction and maintenance of any road, 
                        transmission line, pipeline, or any other 
                        necessary infrastructure or means of access on 
                        public land for a support facility.
                    ``(B) Rights to use, occupation, and operations.--A 
                claimant shall have the right to use and occupy to 
                conduct operations on public land, with or without the 
                discovery of a valuable mineral deposit, if--
                            ``(i) the claimant makes a timely payment 
                        of--
                                    ``(I) the location fee required by 
                                section 10102; and
                                    ``(II) the claim maintenance fee 
                                required by subsection (a); or
                            ``(ii) in the case of a claimant who 
                        qualifies for a waiver of the claim maintenance 
                        fee under subsection (d)--
                                    ``(I) the claimant makes a timely 
                                payment of the location fee required by 
                                section 10102; and
                                    ``(II) the claimant complies with 
                                the required assessment work under the 
                                general mining laws.
            ``(2) Fulfillment of federal land policy and management act 
        of 1976.--A claimant that fulfills the requirements of this 
        section and section 10102 shall be deemed to satisfy any 
        requirements under the Federal Land Policy and Management Act 
        of 1976 (43 U.S.C. 1701 et seq.) for the payment of fair market 
        value to the United States for the use of public land and 
        resources pursuant to the general mining laws.
            ``(3) Savings clause.--Nothing in this subsection--
                    ``(A) diminishes any right (including a right of 
                entry, use, or occupancy) of a claimant;
                    ``(B) creates or increases any right (including a 
                right of exploration, entry, use, or occupancy) of a 
                claimant on lands that are not open to location under 
                the general mining laws;
                    ``(C) modifies any provision of law or any prior 
                administrative action withdrawing lands from location 
                or entry;
                    ``(D) limits the right of the Federal Government to 
                regulate mining and mining-related activities 
                (including requiring claim validity examinations to 
                establish the discovery of a valuable mineral deposit) 
                in areas withdrawn from mining (including under--
                            ``(i) the general mining laws;
                            ``(ii) the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1701 et 
                        seq.);
                            ``(iii) the Wilderness Act (16 U.S.C. 1131 
                        et seq.);
                            ``(iv) sections 100731 through 100737 of 
                        title 54, United States Code (commonly referred 
                        to as the `Mining in the Parks Act');
                            ``(v) the Endangered Species Act of 1973 
                        (16 U.S.C. 1531 et seq.); or
                            ``(vi) division A of subtitle III of title 
                        54, United States Code (commonly referred to as 
                        the `National Historic Preservation Act'); or
                    ``(E) restores any right (including a right of 
                entry, use, or occupancy, or right to conduct 
                operations) of a claimant that existed prior to the 
                date that the lands were closed to or withdrawn from 
                location under the general mining laws and that has 
                been extinguished by such closure or withdrawal.''.

SEC. 308. ENSURING CONSIDERATION OF URANIUM AS A CRITICAL MINERAL.

    (a) In General.--Section 7002(a)(3)(B)(i) of the Energy Act of 2020 
(30 U.S.C. 1606(a)(3)(B)(i)) is amended to read as follows:
                            ``(i) oil, oil shale, coal, or natural 
                        gas;''.
    (b) Update.--Not later than 60 days after the date of the enactment 
of this section, the Secretary, acting through the Director of the 
United States Geological Survey, shall publish in the Federal Register 
an update to the final list established in section 7002(c)(3) of the 
Energy Act of 2020 (30 U.S.C. 1606(c)(3)) in accordance with subsection 
(a) of this section.

                 Subtitle D--Federal Land Use Planning

SEC. 401. FEDERAL LAND USE PLANNING AND WITHDRAWALS.

    (a) Resource Assessments Required.--Federal lands and waters may 
not be withdrawn from entry under the mining laws or operation of the 
mineral leasing and mineral materials laws unless--
            (1) a quantitative and qualitative geophysical and 
        geological mineral resource assessment of the impacted area has 
        been completed during the 10-year period ending on the date of 
        such withdrawal;
            (2) the Secretary, in consultation with the Secretary of 
        Commerce, the Secretary of Energy, and the Secretary of 
        Defense, conducts an assessment of the economic, energy, 
        strategic, and national security value of mineral deposits 
        identified in such mineral resource assessment;
            (3) the Secretary conducts an assessment of the reduction 
        in future Federal revenues to the Treasury, States, the Land 
        and Water Conservation Fund, the Historic Preservation Fund, 
        and the National Parks and Public Land Legacy Restoration Fund 
        resulting from the proposed mineral withdrawal;
            (4) the Secretary, in consultation with the Secretary of 
        Defense, conducts an assessment of military readiness and 
        training activities in the proposed withdrawal area; and
            (5) the Secretary submits a report to the Committees on 
        Natural Resources, Agriculture, Energy and Commerce, and 
        Foreign Affairs of the House of Representatives and the 
        Committees on Energy and Natural Resources, Agriculture, and 
        Foreign Affairs of the Senate, that includes the results of the 
        assessments completed pursuant to this subsection.
    (b) Land Use Plans.--Before a resource management plan under the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) 
or a forest management plan under the National Forest Management Act is 
updated or completed, the Secretary or Secretary of Agriculture, as 
applicable, in consultation with the Director of the United States 
Geological Survey, shall--
            (1) review any quantitative and qualitative mineral 
        resource assessment that was completed or updated during the 
        10-year period ending on the date that the applicable land 
        management agency publishes a notice to prepare, revise, or 
        amend a land use plan by the Director of the United States 
        Geological Survey for the geographic area affected by the 
        applicable management plan;
            (2) the Secretary, in consultation with the Secretary of 
        Commerce, the Secretary of Energy, and the Secretary of 
        Defense, conducts an assessment of the economic, energy, 
        strategic, and national security value of mineral deposits 
        identified in such mineral resource assessment; and
            (3) submit a report to the Committees on Natural Resources, 
        Agriculture, Energy and Commerce, and Foreign Affairs of the 
        House of Representatives and the Committees on Energy and 
        Natural Resources, Agriculture, and Foreign Affairs of the 
        Senate, that includes the results of the assessment completed 
        pursuant to this subsection.
    (c) New Information.--The Secretary shall provide recommendations 
to the President on appropriate measures to reduce unnecessary impacts 
that a withdrawal of Federal lands or waters from entry under the 
mining laws or operation of the mineral leasing and mineral materials 
laws may have on mineral exploration, development, and other mineral 
activities (including authorizing exploration and development of such 
mineral deposits) not later than 180 days after the Secretary has 
notice that a resource assessment completed by the Director of the 
United States Geological Survey, in coordination with the State 
geological surveys, determines that a previously undiscovered mineral 
deposit may be present in an area that has been withdrawn from entry 
under the mining laws or operation of the mineral leasing and mineral 
materials laws pursuant to--
            (1) section 204 of the Federal Land Policy and Management 
        Act of 1976 (43 U.S.C. 1714); or
            (2) chapter 3203 of title 54, United States Code.

SEC. 402. PROHIBITIONS ON DELAY OF MINERAL DEVELOPMENT OF CERTAIN 
              FEDERAL LAND.

    (a) Prohibitions.--Notwithstanding any other provision of law, the 
President shall not carry out any action that would pause, restrict, or 
delay the process for or issuance of any of the following on Federal 
land, unless such lands are withdrawn from disposition under the 
mineral leasing laws, including by administrative withdrawal:
            (1) New oil and gas lease sales, oil and gas leases, drill 
        permits, or associated approvals or authorizations of any kind 
        associated with oil and gas leases.
            (2) New coal leases (including leases by application in 
        process, renewals, modifications, or expansions of existing 
        leases), permits, approvals, or authorizations.
            (3) New leases, claims, permits, approvals, or 
        authorizations for development or exploration of minerals.
    (b) Prohibition on Rescission of Leases, Permits, or Claims.--The 
President, the Secretary, or Secretary of Agriculture as applicable, 
may not rescind any existing lease, permit, or claim for the extraction 
and production of any mineral under the mining laws or mineral leasing 
and mineral materials laws on National Forest System land or land under 
the jurisdiction of the Bureau of Land Management, unless specifically 
authorized by Federal statute, or upon the lessee, permittee, or 
claimant's failure to comply with any of the provisions of the 
applicable lease, permit, or claim.
    (c) Mineral Defined.--In subsection (a)(3), the term ``mineral'' 
means any mineral of a kind that is locatable (including such minerals 
located on ``lands acquired by the United States'', as such term is 
defined in section 2 of the Mineral Leasing Act for Acquired Lands) 
under the Act of May 10, 1872 (Chapter 152; 17 Stat. 91).

SEC. 403. DEFINITIONS.

    In this subtitle:
            (1) Federal land.--The term ``Federal land'' means--
                    (A) National Forest System land;
                    (B) public lands (as defined in section 103 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702));
                    (C) the outer Continental Shelf (as defined in 
                section 2 of the Outer Continental Shelf Lands Act (43 
                U.S.C. 1331)); and
                    (D) land managed by the Secretary of Energy.
            (2) President.--The term ``President'' means--
                    (A) the President; and
                    (B) any designee of the President, including--
                            (i) the Secretary of Agriculture;
                            (ii) the Secretary of Commerce;
                            (iii) the Secretary of Energy; and
                            (iv) the Secretary of the Interior.
            (3) Previously undiscovered deposit.--The term ``previously 
        undiscovered mineral deposit'' means--
                    (A) a mineral deposit that has been previously 
                evaluated by the United States Geological Survey and 
                found to be of low mineral potential, but upon 
                subsequent evaluation is determined by the United 
                States Geological Survey to have significant mineral 
                potential; or
                    (B) a mineral deposit that has not previously been 
                evaluated by the United States Geological Survey.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

         Subtitle E--Ensuring Competitiveness on Federal Lands

SEC. 501. INCENTIVIZING DOMESTIC PRODUCTION.

    (a) Offshore Oil and Gas Royalty Rate.--Section 8(a)(1) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(1)) is amended--
            (1) in subparagraph (A), by striking ``not less than 16\2/
        3\ percent, but not more than 18\3/4\ percent, during the 10-
        year period beginning on the date of enactment of the Act 
        titled `An Act to provide for reconciliation pursuant to title 
        II of S. Con. Res. 14', and not less than 16\2/3\ percent 
        thereafter,'' each place it appears and inserting ``not less 
        than 12.5 percent'';
            (2) in subparagraph (C), by striking ``not less than 16\2/
        3\ percent, but not more than 18\3/4\ percent, during the 10-
        year period beginning on the date of enactment of the Act 
        titled `An Act to provide for reconciliation pursuant to title 
        II of S. Con. Res. 14', and not less than 16\2/3\ percent 
        thereafter,'' each place it appears and inserting ``not less 
        than 12.5 percent'';
            (3) in subparagraph (F), by striking ``not less than 16\2/
        3\ percent, but not more than 18\3/4\ percent, during the 10-
        year period beginning on the date of enactment of the Act 
        titled `An Act to provide for reconciliation pursuant to title 
        II of S. Con. Res. 14', and not less than 16\2/3\ percent 
        thereafter,'' and inserting ``not less than 12.5 percent''; and
            (4) in subparagraph (H), by striking ``not less than 16\2/
        3\ percent, but not more than 18\3/4\ percent, during the 10-
        year period beginning on the date of enactment of the Act 
        titled `An Act to provide for reconciliation pursuant to title 
        II of S. Con. Res. 14', and not less than 16\2/3\ percent 
        thereafter,'' and inserting ``not less than 12.5 percent''.
    (b) Mineral Leasing Act.--
            (1) Onshore oil and gas royalty rates.--
                    (A) Lease of oil and gas land.--Section 17 of the 
                Mineral Leasing Act (30 U.S.C. 226) is amended--
                            (i) in subsection (b)(1)(A)--
                                    (I) by striking ``not less than 
                                16\2/3\'' and inserting ``not less than 
                                12.5''; and
                                    (II) by striking ``or, in the case 
                                of a lease issued during the 10-year 
                                period beginning on the date of 
                                enactment of the Act titled `An Act to 
                                provide for reconciliation pursuant to 
                                title II of S. Con. Res. 14', 16\2/3\ 
                                percent in amount or value of the 
                                production removed or sold from the 
                                lease''; and
                            (ii) by striking ``16\2/3\ percent'' each 
                        place it appears and inserting ``12.5 
                        percent''.
                    (B) Conditions for reinstatement.--Section 31(e)(3) 
                of the Mineral Leasing Act (30 U.S.C. 188(e)(3)) is 
                amended by striking ``20'' inserting ``16\2/3\''.
            (2) Oil and gas minimum bid.--Section 17(b) of the Mineral 
        Leasing Act (30 U.S.C. 226(b)) is amended--
                    (A) in paragraph (1)(B), by striking ``$10 per acre 
                during the 10-year period beginning on the date of 
                enactment of the Act titled `An Act to provide for 
                reconciliation pursuant to title II of S. Con. Res. 
                14'.'' and inserting ``$2 per acre for a period of 2 
                years from the date of the enactment of the Federal 
                Onshore Oil and Gas Leasing Reform Act of 1987.''; and
                    (B) in paragraph (2)(C), by striking ``$10 per 
                acre'' and inserting ``$2 per acre''.
            (3) Fossil fuel rental rates.--Section 17(d) of the Mineral 
        Leasing Act (30 U.S.C. 226(d)) is amended to read as follows:
    ``(d) All leases issued under this section, as amended by the 
Federal Onshore Oil and Gas Leasing Reform Act of 1987, shall be 
conditioned upon payment by the lessee of a rental of not less than 
$1.50 per acre per year for the first through fifth years of the lease 
and not less than $2 per acre per year for each year thereafter. A 
minimum royalty in lieu of rental of not less than the rental which 
otherwise would be required for that lease year shall be payable at the 
expiration of each lease year beginning on or after a discovery of oil 
or gas in paying quantities on the lands leased.''.
            (4) Expression of interest fee.--Section 17 of the Mineral 
        Leasing Act (30 U.S.C. 226) is further amended by repealing 
        subsection (q).
            (5) Elimination of noncompetitive leasing.--Section 17 of 
        the Mineral Leasing Act (30 U.S.C. 226) is further amended--
                    (A) in subsection (b)--
                            (i) in paragraph (1)(A)--
                                    (I) in the first sentence, by 
                                striking ``paragraph (2)'' and 
                                inserting ``paragraphs (2) and (3)''; 
                                and
                                    (II) by adding at the end ``Lands 
                                for which no bids are received or for 
                                which the highest bid is less than the 
                                national minimum acceptable bid shall 
                                be offered promptly within 30 days for 
                                leasing under subsection (c) of this 
                                section and shall remain available for 
                                leasing for a period of 2 years after 
                                the competitive lease sale.''; and
                            (ii) by adding at the end the following:
            ``(3)(A) If the United States held a vested future interest 
        in a mineral estate that, immediately prior to becoming a 
        vested present interest, was subject to a lease under which oil 
        or gas was being produced, or had a well capable of producing, 
        in paying quantities at an annual average production volume per 
        well per day of either not more than 15 barrels per day of oil 
        or condensate, or not more than 60,000 cubic feet of gas, the 
        holder of the lease may elect to continue the lease as a 
        noncompetitive lease under subsection (c)(1).
            ``(B) An election under this paragraph is effective--
                    ``(i) in the case of an interest which vested after 
                January 1, 1990, and on or before October 24, 1992, if 
                the election is made before the date that is 1 year 
                after October 24, 1992;
                    ``(ii) in the case of an interest which vests 
                within 1 year after October 24, 1992, if the election 
                is made before the date that is 2 years after October 
                24, 1992; and
                    ``(iii) in any case other than those described in 
                clause (i) or (ii), if the election is made prior to 
                the interest becoming a vested present interest.''; and
                    (B) by striking subsection (c) and inserting the 
                following:
    ``(c) Lands Subject to Leasing Under Subsection (b); First 
Qualified Applicant.--
            ``(1) If the lands to be leased are not leased under 
        subsection (b)(1) of this section or are not subject to 
        competitive leasing under subsection (b)(2) of this section, 
        the person first making application for the lease who is 
        qualified to hold a lease under this chapter shall be entitled 
        to a lease of such lands without competitive bidding, upon 
        payment of a non-refundable application fee of at least $75. A 
        lease under this subsection shall be conditioned upon the 
        payment of a royalty at a rate of 12.5 percent in amount or 
        value of the production removed or sold from the lease. Leases 
        shall be issued within 60 days of the date on which the 
        Secretary identifies the first responsible qualified applicant.
            ``(2)(A) Lands--
                    ``(i) which were posted for sale under subsection 
                (b)(1) of this section but for which no bids were 
                received or for which the highest bid was less than the 
                national minimum acceptable bid; and
                    ``(ii) for which, at the end of the period referred 
                to in subsection (b)(1) of this section no lease has 
                been issued and no lease application is pending under 
                paragraph (1) of this subsection, shall again be 
                available for leasing only in accordance with 
                subsection (b)(1) of this section.
            ``(B) The land in any lease which is issued under paragraph 
        (1) of this subsection or under subsection (b)(1) of this 
        section which lease terminates, expires, is cancelled or is 
        relinquished shall again be available for leasing only in 
        accordance with subsection (b)(1) of this section.''; and
                    (C) by striking subsection (e) and inserting the 
                following:
    ``(e) Primary Term.--Competitive and noncompetitive leases issued 
under this section shall be for a primary term of 10 years: Provided, 
however, That competitive leases issued in special tar sand areas shall 
also be for a primary term of 10 years. Each such lease shall continue 
so long after its primary term as oil or gas is produced in paying 
quantities. Any lease issued under this section for land on which, or 
for which under an approved cooperative or unit plan of development or 
operation, actual drilling operations were commenced prior to the end 
of its primary term and are being diligently prosecuted at that time 
shall be extended for two years and so long thereafter as oil or gas is 
produced in paying quantities.''.
            (6) Conforming amendments.--Section 31 of the Mineral 
        Leasing Act (30 U.S.C. 188) is amended--
                    (A) in subsection (d)(1), by striking ``section 
                17(b)'' and inserting ``subsection (b) or (c) of 
                section 17 of this Act'';
                    (B) in subsection (e)--
                            (i) in paragraph (2)--
                                    (I) insert ``either'' after 
                                ``rentals and''; and
                                    (II) insert ``or the inclusion in a 
                                reinstated lease issued pursuant to the 
                                provisions of section 17(c) of this Act 
                                of a requirement that future rentals 
                                shall be at a rate not less than $5 per 
                                acre per year, all'' before ``as 
                                determined by the Secretary''; and
                            (ii) by amending paragraph (3) to read as 
                        follows:
            ``(3)(A) payment of back royalties and the inclusion in a 
        reinstated lease issued pursuant to the provisions of section 
        17(b) of this Act of a requirement for future royalties at a 
        rate of not less than 16\2/3\ percent computed on a sliding 
        scale based upon the average production per well per day, at a 
        rate which shall be not less than 4 percentage points greater 
        than the competitive royalty schedule then in force and used 
        for royalty determination for competitive leases issued 
        pursuant to such section as determined by the Secretary: 
        Provided, That royalty on such reinstated lease shall be paid 
        on all production removed or sold from such lease subsequent to 
        the termination of the original lease; and
            ``(B) payment of back royalties and inclusion in a 
        reinstated lease issued pursuant to the provisions of section 
        17(c) of this Act of a requirement for future royalties at a 
        rate not less than 16\2/3\ percent: Provided, That royalty on 
        such reinstated lease shall be paid on all production removed 
        or sold from such lease subsequent to the cancellation or 
        termination of the original lease; and'';
                    (C) in subsection (f)--
                            (i) in paragraph (1), strike ``in the same 
                        manner as the original lease issued pursuant to 
                        section 17'' and insert ``as a competitive or a 
                        noncompetitive oil and gas lease in the same 
                        manner as the original lease issued pursuant to 
                        subsection (b) or (c) of section 17 of this 
                        Act'';
                            (ii) by redesignating paragraphs (2) and 
                        (3) as paragraph (3) and (4), respectively; and
                            (iii) by inserting after paragraph (1) the 
                        following:
            ``(2) Except as otherwise provided in this section, the 
        issuance of a lease in lieu of an abandoned patented oil placer 
        mining claim shall be treated as a noncompetitive oil and gas 
        lease issued pursuant to section 17(c) of this Act.'';
                    (D) in subsection (g), by striking ``subsection 
                (d)'' and inserting ``subsections (d) and (f)'';
                    (E) by amending subsection (h) to read as follows:
    ``(h) Royalty Reductions.--
            ``(1) In acting on a petition to issue a noncompetitive oil 
        and gas lease, under subsection (f) of this section or in 
        response to a request filed after issuance of such a lease, or 
        both, the Secretary is authorized to reduce the royalty on such 
        lease if in his judgment it is equitable to do so or the 
        circumstances warrant such relief due to uneconomic or other 
        circumstances which could cause undue hardship or premature 
        termination of production.
            ``(2) In acting on a petition for reinstatement pursuant to 
        subsection (d) of this section or in response to a request 
        filed after reinstatement, or both, the Secretary is authorized 
        to reduce the royalty in that reinstated lease on the entire 
        leasehold or any tract or portion thereof segregated for 
        royalty purposes if, in his judgment, there are uneconomic or 
        other circumstances which could cause undue hardship or 
        premature termination of production; or because of any written 
        action of the United States, its agents or employees, which 
        preceded, and was a major consideration in, the lessee's 
        expenditure of funds to develop the property under the lease 
        after the rent had become due and had not been paid; or if in 
        the judgment of the Secretary it is equitable to do so for any 
        reason.'';
                    (F) by redesignating subsections (f) through (i) as 
                subsections (g) through (j), respectively; and
                    (G) by inserting after subsection (e) the 
                following:
    ``(f) Issuance of Noncompetitive Oil and Gas Lease; Conditions.--
Where an unpatented oil placer mining claim validly located prior to 
February 24, 1920, which has been or is currently producing or is 
capable of producing oil or gas, has been or is hereafter deemed 
conclusively abandoned for failure to file timely the required 
instruments or copies of instruments required by section 1744 of title 
43, and it is shown to the satisfaction of the Secretary that such 
failure was inadvertent, justifiable, or not due to lack of reasonable 
diligence on the part of the owner, the Secretary may issue, for the 
lands covered by the abandoned unpatented oil placer mining claim, a 
noncompetitive oil and gas lease, consistent with the provisions of 
section 17(e) of this Act, to be effective from the statutory date the 
claim was deemed conclusively abandoned. Issuance of such a lease shall 
be conditioned upon:
            ``(1) a petition for issuance of a noncompetitive oil and 
        gas lease, together with the required rental and royalty, 
        including back rental and royalty accruing from the statutory 
        date of abandonment of the oil placer mining claim, being filed 
        with the Secretary--
                    ``(A) with respect to any claim deemed conclusively 
                abandoned on or before January 12, 1983, on or before 
                the one hundred and twentieth day after January 12, 
                1983; or
                    ``(B) with respect to any claim deemed conclusively 
                abandoned after January 12, 1983, on or before the one 
                hundred and twentieth day after final notification by 
                the Secretary or a court of competent jurisdiction of 
                the determination of the abandonment of the oil placer 
                mining claim;
            ``(2) a valid lease not having been issued affecting any of 
        the lands covered by the abandoned oil placer mining claim 
        prior to the filing of such petition: Provided, however, That 
        after the filing of a petition for issuance of a lease under 
        this subsection, the Secretary shall not issue any new lease 
        affecting any of the lands covered by such abandoned oil placer 
        mining claim for a reasonable period, as determined in 
        accordance with regulations issued by him;
            ``(3) a requirement in the lease for payment of rental, 
        including back rentals accruing from the statutory date of 
        abandonment of the oil placer mining claim, of not less than $5 
        per acre per year;
            ``(4) a requirement in the lease for payment of royalty on 
        production removed or sold from the oil placer mining claim, 
        including all royalty on production made subsequent to the 
        statutory date the claim was deemed conclusively abandoned, of 
        not less than 12\1/2\ percent; and
            ``(5) compliance with the notice and reimbursement of costs 
        provisions of paragraph (4) of subsection (e) but addressed to 
        the petition covering the conversion of an abandoned unpatented 
        oil placer mining claim to a noncompetitive oil and gas 
        lease.''.

                   Subtitle F--Energy Revenue Sharing

SEC. 601. GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUE.

    (a) Distribution of Outer Continental Shelf Revenue to Gulf 
Producing States.--Section 105 of the Gulf of Mexico Energy Security 
Act of 2006 (43 U.S.C. 1331 note) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``50'' and 
                inserting ``37.5''; and
                    (B) in paragraph (2)--
                            (i) by striking ``50'' and inserting 
                        ``62.5'';
                            (ii) in subparagraph (A), by striking 
                        ``75'' and inserting ``80''; and
                            (iii) in subparagraph (B), by striking 
                        ``25'' and inserting ``20''; and
            (2) by striking subsection (f) and inserting the following:
    ``(f) Treatment of Amounts.--Amounts disbursed to a Gulf producing 
State under this section shall be treated as revenue sharing and not as 
a Federal award or grant for the purposes of part 200 of title 2, Code 
of Federal Regulations.''.
    (b) Exemption of Certain Payments From Sequestration.--
            (1) In general.--Section 255(g)(1)(A) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
        905(g)(1)(A)) is amended by inserting after ``Payments to 
        Social Security Trust Funds (28-0404-0-1-651).'' the following:
    ``Payments to States pursuant to section 105(a)(2)(A) of the Gulf 
of Mexico Energy Security Act of 2006 (Public Law 109-432; 43 U.S.C. 
1331 note) (014-5535-0-2-302).''.
            (2) Applicability.--The amendment made by this subsection 
        shall apply to any sequestration order issued under the 
        Balanced Budget and Emergency Deficit Control Act of 1985 (2 
        U.S.C. 900 et seq.) on or after the date of enactment of this 
        Act.

SEC. 602. PARITY IN OFFSHORE WIND REVENUE SHARING.

    (a) Payments and Revenues.--Section 8(p)(2) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)) is amended--
            (1) in subparagraph (A), by striking ``(A) The Secretary'' 
        and inserting the following:
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the Secretary'';
            (2) in subparagraph (B), by striking ``(B) The Secretary'' 
        and inserting the following:
                    ``(B) Disposition of revenues for projects located 
                within 3 nautical miles seaward of state submerged 
                land.--The Secretary''; and
            (3) by adding at the end the following:
                    ``(C) Disposition of revenues for offshore wind 
                projects in certain areas.--
                            ``(i) Definitions.--In this subparagraph:
                                    ``(I) Covered offshore wind 
                                project.--The term `covered offshore 
                                wind project' means a wind powered 
                                electric generation project in a wind 
                                energy area on the outer Continental 
                                Shelf that is not wholly or partially 
                                located within an area subject to 
                                subparagraph (B).
                                    ``(II) Eligible state.--The term 
                                `eligible State' means a State a point 
                                on the coastline of which is located 
                                within 75 miles of the geographic 
                                center of a covered offshore wind 
                                project.
                                    ``(III) Qualified outer continental 
                                shelf revenues.--The term `qualified 
                                outer Continental Shelf revenues' means 
                                all royalties, fees, rentals, bonuses, 
                                or other payments from covered offshore 
                                wind projects carried out pursuant to 
                                this subsection on or after the date of 
                                enactment of this subparagraph.
                            ``(ii) Requirement.--
                                    ``(I) In general.--The Secretary of 
                                the Treasury shall deposit--
                                            ``(aa) 12.5 percent of 
                                        qualified outer Continental 
                                        Shelf revenues in the general 
                                        fund of the Treasury;
                                            ``(bb) 37.5 percent of 
                                        qualified outer Continental 
                                        Shelf revenues in the North 
                                        American Wetlands Conservation 
                                        Fund; and
                                            ``(cc) 50 percent of 
                                        qualified outer Continental 
                                        Shelf revenues in a special 
                                        account in the Treasury from 
                                        which the Secretary shall 
                                        disburse to each eligible State 
                                        an amount determined pursuant 
                                        to subclause (II).
                                    ``(II) Allocation.--
                                            ``(aa) In general.--Subject 
                                        to item (bb), for each fiscal 
                                        year beginning after the date 
                                        of enactment of this 
                                        subparagraph, the amount made 
                                        available under subclause 
                                        (I)(cc) shall be allocated to 
                                        each eligible State in amounts 
                                        (based on a formula established 
                                        by the Secretary by regulation) 
                                        that are inversely proportional 
                                        to the respective distances 
                                        between the point on the 
                                        coastline of each eligible 
                                        State that is closest to the 
                                        geographic center of the 
                                        applicable leased tract and the 
                                        geographic center of the leased 
                                        tract.
                                            ``(bb) Minimum 
                                        allocation.--The amount 
                                        allocated to an eligible State 
                                        each fiscal year under item 
                                        (aa) shall be at least 10 
                                        percent of the amounts made 
                                        available under subclause 
                                        (I)(cc).
                                            ``(cc) Payments to coastal 
                                        political subdivisions.--

                                                    ``(AA) In 
                                                general.--The Secretary 
                                                shall pay 20 percent of 
                                                the allocable share of 
                                                each eligible State, as 
                                                determined pursuant to 
                                                item (aa), to the 
                                                coastal political 
                                                subdivisions of the 
                                                eligible State.

                                                    ``(BB) 
                                                Allocation.--The amount 
                                                paid by the Secretary 
                                                to coastal political 
                                                subdivisions under 
                                                subitem (AA) shall be 
                                                allocated to each 
                                                coastal political 
                                                subdivision in 
                                                accordance with 
                                                subparagraphs (B) and 
                                                (C) of section 31(b)(4) 
                                                of this Act.

                            ``(iii) Timing.--The amounts required to be 
                        deposited under subclause (I) of clause (ii) 
                        for the applicable fiscal year shall be made 
                        available in accordance with such subclause 
                        during the fiscal year immediately following 
                        the applicable fiscal year.
                            ``(iv) Authorized uses.--
                                    ``(I) In general.--Subject to 
                                subclause (II), each eligible State 
                                shall use all amounts received under 
                                clause (ii)(II) in accordance with all 
                                applicable Federal and State laws, only 
                                for 1 or more of the following 
                                purposes:
                                            ``(aa) Projects and 
                                        activities for the purposes of 
                                        coastal protection and 
                                        resiliency, including 
                                        conservation, coastal 
                                        restoration, estuary 
                                        management, beach nourishment, 
                                        hurricane and flood protection, 
                                        and infrastructure directly 
                                        affected by coastal wetland 
                                        losses.
                                            ``(bb) Mitigation of damage 
                                        to fish, wildlife, or natural 
                                        resources, including through 
                                        fisheries science and research.
                                            ``(cc) Implementation of a 
                                        federally approved marine, 
                                        coastal, or comprehensive 
                                        conservation management plan.
                                            ``(dd) Mitigation of the 
                                        impact of outer Continental 
                                        Shelf activities through the 
                                        funding of onshore 
                                        infrastructure projects.
                                            ``(ee) Planning assistance 
                                        and the administrative costs of 
                                        complying with this section.
                                    ``(II) Limitation.--Of the amounts 
                                received by an eligible State under 
                                clause (ii)(II), not more than 3 
                                percent shall be used for the purposes 
                                described in subclause (I)(ee).
                            ``(v) Administration.--Subject to clause 
                        (vi)(III), amounts made available under items 
                        (aa) and (cc) of clause (ii)(I) shall--
                                    ``(I) be made available, without 
                                further appropriation, in accordance 
                                with this subparagraph;
                                    ``(II) remain available until 
                                expended; and
                                    ``(III) be in addition to any 
                                amount appropriated under any other 
                                Act.
                            ``(vi) Reporting requirement.--
                                    ``(I) In general.--Not later than 
                                180 days after the end of each fiscal 
                                year, the Governor of each eligible 
                                State that receives amounts under 
                                clause (ii)(II) for the applicable 
                                fiscal year shall submit to the 
                                Secretary a report that describes the 
                                use of the amounts by the eligible 
                                State during the period covered by the 
                                report.
                                    ``(II) Public availability.--On 
                                receipt of a report submitted under 
                                subclause (I), the Secretary shall make 
                                the report available to the public on 
                                the website of the Department of the 
                                Interior.
                                    ``(III) Limitation.--If the 
                                Governor of an eligible State that 
                                receives amounts under clause (ii)(II) 
                                fails to submit the report required 
                                under subclause (I) by the deadline 
                                specified in that subclause, any 
                                amounts that would otherwise be 
                                provided to the eligible State under 
                                clause (ii)(II) for the succeeding 
                                fiscal year shall be deposited in the 
                                Treasury.
                            ``(vii) Treatment of amounts.--Amounts 
                        disbursed to an eligible State under this 
                        subsection shall be treated as revenue sharing 
                        and not as a Federal award or grant for the 
                        purposes of part 200 of title 2, Code of 
                        Federal Regulations.''.
    (b) Wind Lease Sales for Areas of the Outer Continental Shelf 
Offshore of Territories of the United States.--Section 33 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1356c) is amended by adding at 
the end the following:
    ``(b) Wind Lease Sale Procedure.--Any wind lease granted pursuant 
to this section shall be considered a wind lease granted under section 
8(p), including for purposes of the disposition of revenues pursuant to 
subparagraphs (B) and (C) of section 8(p)(2).''.
    (c) Exemption of Certain Payments From Sequestration.--
            (1) In general.--Section 255(g)(1)(A) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
        905(g)(1)(A)) is amended by inserting after ``Payments to 
        Social Security Trust Funds (28-0404-0-1- 651).'' the 
        following:
    ``Payments to States pursuant to subparagraph (C)(ii)(I)(cc) of 
section 8(p)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1337(p)(2)).''.
            (2) Applicability.--The amendment made by this subsection 
        shall apply to any sequestration order issued under the 
        Balanced Budget and Emergency Deficit Control Act of 1985 (2 
        U.S.C. 900 et seq.) on or after the date of enactment of this 
        Act.

SEC. 603. ELIMINATION OF ADMINISTRATIVE FEE UNDER THE MINERAL LEASING 
              ACT.

    (a) In General.--Section 35 of the Mineral Leasing Act (30 U.S.C. 
191) is amended--
            (1) in subsection (a), in the first sentence, by striking 
        ``and, subject to the provisions of subsection (b),'';
            (2) by striking subsection (b);
            (3) by redesignating subsections (c) and (d) as subsections 
        (b) and (c), respectively;
            (4) in paragraph (3)(B)(ii) of subsection (b) (as so 
        redesignated), by striking ``subsection (d)'' and inserting 
        ``subsection (c)''; and
            (5) in paragraph (3)(A)(ii) of subsection (c) (as so 
        redesignated), by striking ``subsection (c)(2)(B)'' and 
        inserting ``subsection (b)(2)(B)''.
    (b) Conforming Amendments.--
            (1) Section 6(a) of the Mineral Leasing Act for Acquired 
        Lands (30 U.S.C. 355(a)) is amended--
                    (A) in the first sentence, by striking ``Subject to 
                the provisions of section 35(b) of the Mineral Leasing 
                Act (30 U.S.C. 191(b)), all'' and inserting ``All''; 
                and
                    (B) in the second sentence, by striking ``of the 
                Act of February 25, 1920 (41 Stat. 450; 30 U.S.C. 
                191),'' and inserting ``of the Mineral Leasing Act (30 
                U.S.C. 191)''.
            (2) Section 20(a) of the Geothermal Steam Act of 1970 (30 
        U.S.C. 1019(a)) is amended, in the second sentence of the 
        matter preceding paragraph (1), by striking ``the provisions of 
        subsection (b) of section 35 of the Mineral Leasing Act (30 
        U.S.C. 191(b)) and section 5(a)(2) of this Act'' and inserting 
        ``section 5(a)(2)''.
            (3) Section 205(f) of the Federal Oil and Gas Royalty 
        Management Act of 1982 (30 U.S.C. 1735(f)) is amended--
                    (A) in the first sentence, by striking ``this 
                Section'' and inserting ``this section''; and
                    (B) by striking the fourth, fifth, and sixth 
                sentences.
                                 <all>