[Congressional Record Volume 170, Number 139 (Monday, September 9, 2024)]
[House]
[Pages H5074-H5076]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SCIENCE AND TECHNOLOGY AGREEMENT ENHANCED CONGRESSIONAL NOTIFICATION
ACT OF 2024
Mr. BARR. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 5245) to amend the State Department Basic Authorities Act of 1956
to require certain congressional notification prior to entering into,
renewing, or extending a science and technology agreement with the
People's Republic of China, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5245
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Science and Technology
Agreement Enhanced Congressional Notification Act of 2024''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The signing and implementation of the agreement between
the United States and the People's Republic of China, known
as the ``Agreement between the Government of the United
States of America and the Government of the People's Republic
of China on Cooperation in Science and Technology'', signed
in Washington on January 31, 1979 (``CST Agreement''), and
its many subsequent implementing arrangements, has led to the
development of many science and technology programs.
(2) Section 1207 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (22 U.S.C. 6901 note)
required the Secretary of State to publish biennial reports
detailing how the CST Agreement has benefitted the economy,
military, and industrial base of the People's Republic of
China, a requirement that was repealed by Congress in 2016.
(3) The CST Agreement was last extended in 2018 by the
Trump Administration after amending it to address United
States concerns about the science and technology practices of
the People's Republic of China.
(4) The People's Republic of China has restricted United
States researcher access in China despite its commitments in
the CST Agreement otherwise. This includes reportedly
withholding avian influenza strains vital for United States
vaccine development and cutting off United States access to
coronavirus research in 2019, including United States-funded
work at the Wuhan Institute of Virology.
(b) Sense of Congress.--It is the sense of Congress that--
(1) science and technology cooperation with the People's
Republic of China can be a useful tool of United States
foreign policy and should be pursued when it reinforces and
advances the values and interests of the United States;
(2) no research undertaken as part of a science and
technology agreement should enable the People's Republic of
China's development of dual-use and critical technologies
that threaten United States national security;
(3) a science and technology agreement with the People's
Republic of China should include human rights protections and
projects undertaken as part of it should not directly or
indirectly enable human rights abuses, including the
persecution of Uyghurs in Xinjiang;
(4) a science and technology agreement with the People's
Republic of China should include provisions to safeguard the
safety of United States researchers and their intellectual
property, as well as enhance their research access in China;
and
(5) any renewal, extension, or changes to the CST Agreement
should be made to ensure that United States and Chinese joint
research is safer and remains beneficial for United States
interests.
SEC. 3. ENHANCED CONGRESSIONAL NOTIFICATION REGARDING SCIENCE
AND TECHNOLOGY AGREEMENTS WITH THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Notification Required.--Not later than 15 days before
the date on which a renewal or extension of the CST
Agreement, or the entry into or a renewal or extension of any
other science and technology agreement with the Government of
the People's Republic of China or an entity of the People's
Republic of China, enters into effect, the Secretary of State
shall submit to the appropriate congressional committees a
notification containing each of the matters described in
subsection (b).
(b) Matters Described.--The matters described in this
subsection are, with respect to the science and technology
agreement for which a notification is submitted under
subsection (a), the following:
(1) The full text of such agreement and any annexes or side
letters.
(2) A detailed justification for such agreement, including
an explanation of the reasons for which entering into,
renewing, or extending such agreement, as applicable, is in
the national interest of the United States.
(3) An assessment of any risks posed by such agreement, and
the checks it includes to prevent the transfer of technology
or intellectual property capable of--
(A) harming the national security interests of the United
States; or
(B) enabling of the People's Republic of China's military-
civil fusion strategy.
(4) An explanation for how the Secretary of State intends
to build in human rights protections for any scientific and
technology collaboration conducted under such agreement.
(5) An assessment of the ways in which the Secretary will
be able to prescribe terms for, and continuously monitor, the
commitments and contracts made by the Government of the
People's Republic of China or entity of the People's Republic
of China under such agreement.
(6) A summary of changes or updates to the agreement that
were secured to strengthen the United States ability to
engage in science cooperation with the People's Republic of
China in a way that is safer, more beneficial for the United
States, or allows for stronger United States oversight over
joint research.
(7) Such other information relating to such agreement as
the Secretary of State may determine appropriate.
(c) Applicability.--
(1) In general.--The notification requirements under
subsection (a) shall apply with respect to any science and
technology agreements entered into, renewed, or extended on
or after the date of the enactment of this Act.
(2) Existing agreements.--For any science and technology
agreement between the United States Government and the
People's Republic of China that is in effect as of the date
of the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
that includes each of the matters described in subsection (b)
with respect to such existing agreement, not later than 90
days after the date of the enactment of this Act.
SEC. 4. ANNUAL REPORT TO CONGRESS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for 5
years, the Secretary of State, in consultation with the heads
of other appropriate Federal departments and agencies, shall
submit to Congress a report on--
(1) the implementation of each science and technology
agreement with the People's Republic of China, including
implementing arrangements, entered into pursuant to the
notification requirements under section 3; and
(2) all activities conducted under each such agreement.
(b) Contents.--Each report required by subsection (a) shall
also include each of the following:
(1) An accounting of all joint projects and initiatives
conducted under the CST Agreement and its implementing
arrangements since the previous report (or, in the case of
the first report, since the CST Agreement was entered into),
including the name of each project, agreement, or
implementing arrangement.
(2) An evaluation of the benefits of the CST Agreement to
the United States economy, scientific leadership, innovation
capacity, and industrial base of the United States.
(3) An estimate of the costs to the United States to
administer the CST Agreement during the period covered by the
report.
(4) An evaluation of the benefits of the CST Agreement to
the economy, to the military, and to the industrial base of
the People's Republic of China.
(5) An assessment of how the CST Agreement has influenced
the foreign and domestic policies and scientific capabilities
of the People's Republic of China.
(6) Any plans of the Secretary of State for improving the
monitoring of the activities and the People's Republic of
China's commitments established under the CST Agreement.
(7) An assessment of any potential risks posed by ongoing
science cooperation with the People's Republic of China.
(c) Form.--Each report required by subsection (a) shall be
submitted in unclassified form and may include a classified
annex.
SEC. 5. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Cst agreement.--The term ``CST Agreement'' means the
agreement between the United States and the People's Republic
of China known as the ``Agreement between the Government of
the United States of America and the Government of the
People's Republic of China on Cooperation in Science and
Technology'', signed in Washington on January 31, 1979, and
its protocols, as well as any sub-agreements entered into
pursuant to such Agreement on or before the date of the
enactment of this Act.
(3) Implementing arrangement.--The term ``implementing
arrangement'', with respect to the CST Agreement or any other
science and technology agreement, includes any sub-agreement
or sub-arrangement entered into under the CST Agreement or
other science and technology agreement between--
(A) any Federal governmental entity of the United States;
and
(B) any governmental entity of the People's Republic of
China, including state-owned research institutions.
(4) Science and technology agreement.--The term ``science
and technology agreement'' means any treaty, memorandum of
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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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Kentucky (Mr. Barr) and the gentleman from New York (Mr. Meeks) each
will control 20 minutes.
The Chair recognizes the gentleman from Kentucky.
General Leave
Mr. BARR. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. BARR. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of my bill, H.R. 5245, the
Science and Technology Agreement Enhanced Congressional Notification
Act.
In 2012, General Keith Alexander said that China's theft of
industrial information and intellectual property through cyber
espionage constituted the greatest transfer of wealth in history. The
annual cost to the U.S. economy of China's intellectual property theft
is between $225 billion and $600 billion.
China is using this access to American science and technology,
including academic and research partnerships, to support state-owned or
controlled national champions in key dual-use technologies.
In 1979, the United States and China signed a bilateral agreement to
build science and technology ties between the two countries.
In 2018, the agreement was amended to address U.S. concerns about
China's approach to technology, innovation, and practices of concern,
including IP theft and forced technology transfer.
In February of 2024, the two sides agreed to another 6-month
extension of the agreement to negotiate renewal terms, which actually
expired on August 27.
This current lapse in the agreement provides the ideal context for
Congress to assert our oversight responsibilities to ensure that any
subsequent agreement does not threaten U.S. national security and
American intellectual property.
Let's take a step back and review why we are here at this moment. Why
is this a problem today?
Well, in his authoritative and influential book, ``The Hundred-Year
Marathon,'' Michael Pillsbury recounts key historical events since the
Chinese Communist Revolution of 1949, in which China embarked on this
100-year marathon to displace the United States as the world's global
superpower.
In this book, he writes about this science and technology agreement
and the mistake that was made, dating back to 1978.
Here is what he says: ``In 1978, relations with the United States
moved toward normalization--that is, official American recognition of
Communist China as the legitimate government of the Chinese people.
That year, Deng focused immediately on what was at the top of his
American wish list: science and technology. This was an example of the
Warring States concept known as wu wei, or having others do your work.
``As he formulated a strategy in 1978, Deng understood, as he put it,
that `technology is the number one productive force' for economic
growth. The only way China could pass the United States as an economic
power, Deng believed, was through massive scientific and technological
development. An essential shortcut would be to take what the Americans
already had. Deng found a willing partner in that effort in a new
American President, Jimmy Carter, who was eager to achieve the
diplomatic coup of a formal Sino-American partnership.''
Later in that same chapter, he continues: ``On January 31, 1979,
during his visit to the United States, Deng and Fang Yi, director of
the State Science and Technology Commission, signed agreements with the
U.S. Government to speed up scientific exchanges. That year, the first
50 Chinese students flew to America. In the first 5 years of exchanges,
some 19,000 Chinese students would study at American universities,
mainly in the physical sciences, health sciences, and engineering, and
their numbers would continue to increase.
``Carter and Deng also signed agreements on consular offices, trade,
science, and technology--with the United States providing all sorts of
scientific and technical knowledge to Chinese scientists in what would
amount to the greatest outpouring of American scientific and
technological expertise in history.''
Mr. Speaker, we now know that was a massive, massive mistake. This
bill establishes new oversight tools to create transparency and
accountability in U.S.-China relations by requiring congressional
notification of any scientific and technological partnership agreements
between the two nations.
Under this bill, the State Department would be required to inform the
House Foreign Affairs Committee 15 days before renewing the agreement,
including the contents of the deal, national security concerns, and how
the agreement addresses human rights concerns.
Science and technology are central to U.S.-China strategic
competition, which are shaping the course of this century. Thus,
Congress must exercise its oversight authority to ensure that U.S.
national security and foreign policy interests are protected.
Mr. Speaker, I urge my colleagues to support the Science and
Technology Agreement Enhanced Congressional Notification Act, and I
reserve the balance of my time.
Mr. MEEKS. Mr. Speaker, I rise in strong support of H.R. 5245, as
amended, and yield myself such time as I may consume.
First, let me thank Representatives Andy Barr and Dina Titus for
their leadership in developing this bill. I also thank Chairman McCaul
for his collaboration in bringing this bill to a bipartisan consensus,
ensuring that we have the necessary oversight over any U.S.-China
governmental science cooperation.
We all know the challenges posed by the People's Republic of China.
The Biden-Harris administration and this body are clear-eyed that the
PRC is the only competitor with intent and means to reshape the rules-
based international order.
To advance our interests, we must manage this critical relationship
with shrewd diplomacy, not fear. This is why we must continue to engage
China and find areas of cooperation where possible, even as we
vigorously compete with and, where necessary, confront Beijing.
Since the U.S.-China Science and Technology Agreement was originally
signed in 1979, the first bilateral agreement following our diplomatic
recognition of the People's Republic of China, it has benefited the
United States, China, and the global community.
Research collaborations have prevented disease, reduced pollution,
and deepened our understanding of the Earth's history. The agreement
has been renewed every 5 years or so under both Republican and
Democratic administrations.
Mr. Barr's bill allows Congress to address robust oversight over the
current and any updated U.S.-China Science and Technology Agreement,
and it requires the State Department to ensure the agreement benefits
the United States and includes standards and safeguards to protect the
United States' interests.
It also enables Congress to monitor and track projects taking place
under the agreement to ensure that they are consistent with U.S. values
and interests. Therefore, it is for these reasons that we must pass
H.R. 5245. This bill will allow Congress to effectively monitor the
limited joint projects we do have with China, assess whether Beijing is
living up to its commitments as part of the agreement, and ensure that
American researchers, intellectual property, and data are adequately
protected.
Mr. Speaker, I encourage all of my colleagues to support this bill,
and I reserve the balance of my time.
Mr. BARR. Mr. Speaker, I have no additional speakers. I am prepared
to close.
Mr. MEEKS. Mr. Speaker, I yield myself the balance of my time to
close.
Mr. Speaker, I urge the House to pass H.R. 5245, as amended, so that
we may
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strengthen oversight of any U.S.-China science and technological
agreements. These are routine mechanisms that lay out the rules of the
road for government-to-government cooperation, providing a set of
bilateral accepted standards, rules, and protections that guide any
collaboration and provide access and protection for researchers, for
data, and intellectual property.
We must continue to modernize the safeguards for government-to-
government cooperation to manage the heightened risks in the case of
China, while preserving space for scientific inquiry and innovations
that may benefit us all.
Mr. Speaker, I urge my colleagues to support this bill. I yield back
the balance of my time.
Mr. BARR. Mr. Speaker, I yield myself the balance of my time.
In closing, I thank Chairman McCaul, Ranking Member Meeks, and the
bipartisan membership of the Foreign Affairs Committee, who voted 50-0
to move this bill forward.
Regrettably, in the 1970s, when the United States extended the hand
of peace, extended the hand of cooperation in advancement of science
and technology for the advancement of mankind, that was not
reciprocated. In fact, instead, the Chinese Communist Party rejected
peace and cooperation and stole intellectual property and militarized
that technology in a very hostile way.
Congress must ensure that any new science and technology agreements
with China safeguard the interests, the property, and the values of the
American people.
Mr. Speaker, for that reason, I urge unanimous support for this bill,
and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Kentucky (Mr. Barr) that the House suspend the rules and
pass the bill, H.R. 5245, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________