S.Amdt. 4360

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.

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(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.
______