[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     China, a requirement that was repealed by Congress in 2016.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

[[Page H5075]]

     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

[[Page H5076]]

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.

                          ____________________