[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7883-S7884]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4360. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. COUNTERING THE MILITARY-CIVIL FUSION STRATEGY OF THE 
                   CHINESE COMMUNIST PARTY.

       (a) Definitions.--In this section:
       (1) Chinese entity of concern.--The term ``Chinese entity 
     of concern'' means--
       (A) any college or university in the People's Republic of 
     China that is determined by the Secretary of Defense to be 
     involved in the implementation of the military-civil fusion 
     strategy, including--
       (i) any college or university known as the ``Seven Sons of 
     National Defense'';
       (ii) any college or university that receives funding from--

       (I) the People's Liberation Army; or
       (II) the Equipment Development Department, or the Science 
     and Technology Commission, of the Central Military 
     Commission;

       (iii) any college or university in the People's Republic of 
     China involved in military training and education, including 
     any such college or university in partnership with the 
     People's Liberation Army;
       (iv) any college or university in the People's Republic of 
     China that conducts military research or hosts dedicated 
     military initiatives or laboratories, including such a 
     college or university designated under the ``double first-
     class university plan'';
       (v) any college or university in the People's Republic of 
     China that is designated by the State Administration for 
     Science, Technology, and Industry for the National Defense to 
     host ``joint construction'' programs; and
       (vi) any college or university in the People's Republic of 
     China that has launched a platform for military-civil fusion 
     or created national defense laboratories;
       (B) any enterprise owned by the People's Republic of China; 
     and
       (C) any privately owned company in the People's Republic of 
     China--
       (i) that has received the Weapons and Equipment Research 
     and Production Certificate;
       (ii) that is otherwise known to have set up mechanisms for 
     engaging in activity in support of military initiatives;
       (iii) that has a history of subcontracting for the People's 
     Liberation Army or its affiliates; or
       (iv) that has an owner or a senior management official who 
     has served as a delegate to the National People's Congress or 
     a member of the Chinese People's Political Consultative 
     Conference.
       (2) Covered entity.--The term ``covered entity'' means--
       (A) any Federal agency that engages in research or provides 
     funding for research, including the National Science 
     Foundation and the National Institutes of Health;
       (B) any institution of higher education, or any other 
     private research institution, that receives any Federal 
     financial assistance; and
       (C) any private company headquartered in the United States 
     that receives Federal financial assistance.
       (3) Federal financial assistance.--The term ``Federal 
     financial assistance'' has the meaning given the term in 
     section 200.1 of title 2, Code of Federal Regulations (or 
     successor regulations).
       (4) Military-civil fusion strategy.--The term ``military-
     civil fusion strategy'' means the strategy of the Chinese 
     Communist Party aiming to mobilize non-military resources and 
     expertise to contribute directly to the development of 
     technology for use by the People's Liberation Army.
       (b) Prohibitions.--
       (1) In general.--No covered entity may engage with a 
     Chinese entity of concern in any scientific research or 
     technical exchange that has a direct bearing on, or the 
     potential for dual use in, the development of technologies 
     that the Chinese Communist Party has identified as a priority 
     of its national strategy of military-civil fusion and that 
     are listed on the website under subsection (c)(1)(A).
       (2) Private partnerships.--No covered entity described in 
     subsection (a)(2)(C) may form a partnership or joint venture 
     with another such covered entity for the purpose of engaging 
     in any scientific research or technical exchange described in 
     paragraph (1).
       (c) Website.--
       (1) In general.--The Secretary of Defense, in consultation 
     with the Secretary of State, the Director of National 
     Intelligence, the Director of the Federal Bureau of 
     Investigation, the Secretary of the Treasury, and the 
     Secretary of Commerce, shall establish and periodically 
     update a website that includes--
       (A) a list of the scientific research or technical exchange 
     for which the prohibitions under subsection (b) apply, which 
     shall initially include quantum computing, big data 
     analytics, semiconductors, new and advanced materials, 5G 
     telecommunications, advanced nuclear technology (including 
     nuclear power and energy storage), aerospace technology, and 
     artificial intelligence; and
       (B) to the extent practicable, a list of all Chinese 
     entities of concern.
       (2) Resources.--In establishing the website under paragraph 
     (1), the Secretary of Defense may use as a model any existing 
     resources, such as the China Defense Universities Tracker 
     maintained by the Australian Strategic Policy Institute, 
     subject to any other laws applicable to such resources.

[[Page S7884]]

       (d) Exception.--The prohibitions under subsection (b) shall 
     not apply to any collaborative study or research project in 
     fields involving information that would not contribute 
     substantially to the goals of the military-civil fusion 
     strategy, as determined by the guidelines set by the 
     Secretary of Defense.
       (e) Enforcement.--
       (1) In general.--Notwithstanding any other provision of 
     law, a covered entity described in subparagraph (B) or (C) of 
     subsection (a)(2) that violates a prohibition under 
     subsection (b) on or after the date of enactment of this Act 
     shall be precluded from receiving any Federal financial 
     assistance on or after the date of such violation.
       (2) Regulations.--The Secretary of Defense, in consultation 
     with the Secretary of State, the Director of National 
     Intelligence, the Director of the Federal Bureau of 
     Investigation, the Secretary of the Treasury, and the 
     Secretary of Commerce, shall--
       (A) promulgate regulations to enforce the prohibitions 
     under subsection (b) and the requirement under paragraph (1); 
     and
       (B) coordinate with the heads of other Federal agencies to 
     ensure the enforcement of such prohibitions and requirement.
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