[Congressional Record Volume 169, Number 123 (Tuesday, July 18, 2023)]
[Senate]
[Pages S3074-S3075]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 897. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 2226, to authorize appropriations for fiscal year
2024 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;
(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; and
(vii) any college or university in the People's Republic of
China that conducts research or hosts dedicated initiatives
or laboratories for any other related security entity beyond
the People's Liberation Army, including the People's Armed
Police, the Ministry of Public Security, and the Ministry of
State Security;
(B) any enterprise for which the majority shareholder or
ultimate parent entity is the Government of the People's
Republic of China at any level of that government;
(C) any privately owned company in the People's Republic of
China--
(i) that has received a military production license, such
as the Weapons and Equipment Research and Production
Certificate, the Equipment Manufacturing Unit Qualification,
the Weapons and Equipment Quality Management System
Certificate, or the Weapons and Equipment Research and
Production Unit Classified Qualification Permit;
(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;
(iv) that is participating in, or receiving benefits under,
a military-civil fusion demonstration base; or
(v) that has an owner, director, or a senior management
official who has served as a delegate to the National
People's Congress, a member of the Chinese People's Political
Consultative Conference, or a member of the Central Committee
of the Chinese Communist Party; and
(D) any entity that--
(i) is identified by the Secretary of Defense under section
1260H(a) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note)
as a Chinese military company; and
(ii) is included in the Non-SDN Chinese Military-Industrial
Complex Companies List published by the Department of the
Treasury.
(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
[[Page S3075]]
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 for military application, including the development
of technology, improvements in logistics, and other uses 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 Energy, the Secretary of
Education, the Secretary of the Treasury, and the Secretary
of Commerce, shall establish, and periodically update not
less than twice a year, a website that includes--
(A) a list of the specific areas of scientific research or
technical exchange for which the prohibitions under
subsection (b) apply, which shall initially include some or
all aspects of the fields of quantum computing, photonics and
lasers, robotics, big data analytics, semiconductors, new and
advanced materials, biotechnology (including synthetic
biology and genetic engineering), 5G and all future
generations of 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) List of specific areas.--In developing the list under
paragraph (1)(A), the Secretary of Defense shall monitor and
consider the fields identified by the State Administration
for Science, Technology, and Industry for the National
Defense of the People's Republic of China as defense-relevant
and consider, including the more than 280 fields of study
designated as of the date of enactment of this Act, and any
others designated thereafter, as disciplines with national
defense characteristics that have the potential to support
military-civil fusion.
(3) 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.
(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 regulations issued by the
Secretary of Defense.
(e) Annual Reporting Requirements.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and December 31 of each year
thereafter, each covered entity shall submit to the Secretary
of Defense a report that discloses--
(A) any research relationships the covered entity has with
a Chinese entity of concern or has had during the previous
year;
(B) any research relationships the covered entity has
considered with a Chinese entity of concern during the
previous year and declined; and
(C) any research relationships the covered entity has
terminated with a Chinese entity of concern during the
previous year because the relationship violates subsection
(b) or as a result of related concerns.
(2) Audit.--The Secretary of Defense may enter into a
contract with an independent entity to conduct an audit of
any report submitted under paragraph (1) to ensure compliance
with the requirements of such paragraph.
(f) 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), or violates subsection (e), 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 Energy, the Secretary of
Education, the Secretary of the Treasury, and the Secretary
of Commerce, shall--
(A) promulgate regulations to enforce the prohibitions
under subsection (b), the auditing requirements under
subsection (e), and the requirement under paragraph (1); and
(B) coordinate with the heads of other Federal agencies to
ensure the enforcement of such prohibitions and requirements.
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