[Congressional Record Volume 170, Number 119 (Tuesday, July 23, 2024)]
[Senate]
[Page S5228]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2957. Mr. RICKETTS (for himself, Mr. Rubio, Mr. Budd, Mr. Tillis,
Mrs. Fischer, and Mr. Scott of South Carolina) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 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 end of subtitle D of title XII, add the following:
SEC. 1266. ENHANCED CONGRESSIONAL NOTIFICATION REGARDING
SCIENCE AND TECHNOLOGY AGREEMENTS WITH THE
PEOPLE'S REPUBLIC OF CHINA.
(a) Notification Required.--The Secretary of State may not
enter into, renew, or extend any science and technology
agreement with the People's Republic of China until--
(1) the Secretary submits to the appropriate congressional
committees a notification containing each of the matters
described in subsection (b); and
(2) a period of not less than 30 days has elapsed following
such submission.
(b) Matters Described.--The matters described in this
subsection are, with respect to the science and technology
agreement for which the notification is submitted, the
following:
(1) The full text of such agreement.
(2) A defined scope of the areas of research or
collaboration that such agreement would encompass or to which
such agreement would apply.
(3) A communications plan to inform and engage key
interagency stakeholders regarding the specific parameters
and scope of such agreement.
(4) A detailed justification for such agreement, including
an explanation of why entering into, renewing, or extending
such agreement, as applicable, is in the national security
interests of the United States.
(5) An assessment of the risks and potential effects of
such agreement, including any potential for the transfer
under such agreement of technology or intellectual property
capable of harming the national security interests of the
United States.
(6) A detailed explanation of how the Secretary of State
intends to incorporate human rights and national security
protections in any scientific and technology collaboration
conducted under such agreement.
(7) An assessment of how the Secretary of State will
prescribe terms for, and continuously monitor, the
commitments made by the Government of the People's Republic
of China or any entity of the People's Republic of China
under such agreement.
(8) Such other information relating to such agreement as
the Secretary of State may determine appropriate.
(c) Applicability.--
(1) In general.--The requirements under this section shall
apply with respect to science and technology agreements
entered into, renewed, or extended on or after the date of
the enactment of this Act.
(2) Existing agreements.--Any science and technology
agreement between the Secretary of State and the People's
Republic of China in effect as of the date of the enactment
of this Act shall be revoked on the date that is 60 days
after the date of the enactment of this Act unless, not later
than such date, the Secretary of State submits to the
appropriate congressional committees a notification of such
agreement containing each of the matters described in
subsection (b).
(d) Annual Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
following 5 years, the Secretary of State, in consultation
with the heads of other appropriate Federal departments and
agencies, shall submit a report to the appropriate
congressional committees that describes--
(A) the implementation of each science and technology
agreement with the People's Republic of China, including
implementing arrangements, entered into pursuant to the
notification requirements under subsection (a); and
(B) all activities conducted under each such agreement.
(2) Contents.--Each report required under paragraph (1)
shall include--
(A) an accounting of all joint projects and initiatives
conducted under the CST Agreement and its implementing
arrangements since the previous report (or, in the case of
the first report, since the date on which the CST Agreement
was signed), including the name of each project, agreement,
or implementing arrangement;
(B) an evaluation of the benefits of the CST Agreement to
the United States economy, scientific leadership, innovation
capacity, and industrial base of the United States;
(C) an estimate of the costs to the United States to
administer the CST Agreement during the period covered by the
report;
(D) an evaluation of the benefits of the CST Agreement to
the economy, to the military, and to the industrial base of
the People's Republic of China;
(E) an assessment of how the CST Agreement has influenced
the foreign and domestic policies and scientific capabilities
of the People's Republic of China;
(F) an assessment of the number of visas granted to
academics and researchers from the People's Republic of China
pursuant to any CST agreement;
(G) the number of nationals from the People's Republic of
China who are permitted to work in Department of Energy
National Laboratories or other sensitive United States
government research facilities and a description of which
facilities were visited under the auspices of the CST
Agreement or any other science and technology agreement;
(H) any plans of the Secretary of State for improving the
monitoring of the activities and the People's Republic of
China's commitments established under the CST Agreement; and
(I) an assessment of any potential risks posed by ongoing
science cooperation with the People's Republic of China.
(3) Form.--Each report required under paragraph (1) shall
be submitted in unclassified form and may include a
classified annex.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate; and
(B) the Committee on Foreign Affairs of the House of
Representatives.
(2) CST agreement.--The term ``CST Agreement'' means
Agreement between the Government of the United States of
America and the Government of the People's Republic of China
on Cooperation in Science and Technology, signed in
Washington January 31, 1979, its protocols, and any
subagreements entered into pursuant to such Agreement on or
before the date of the enactment of this Act.
(3) Implementing arrangement.--The term ``implementing
arrangement'', with respect to the CST Agreement or any other
science and technology agreement, includes any subagreement
or subarrangement entered into under the CST Agreement or
other science and technology agreement between--
(A) any entity of the United States Government; and
(B) any governmental entity of the People's Republic of
China, including state-owned research institutions.
(4) Science and technology agreement.--The term ``science
and technology agreement'' means any treaty, memorandum of
understanding, or other contract or agreement between the
United States and 1 or more foreign countries for the purpose
of collaborating on or otherwise engaging in joint activities
relating to scientific research, technological development,
or the sharing of scientific or technical knowledge or
resources between such countries.
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