S.Amdt. 2957Senate118th Congress (2023-2025)
S.Amdt. 2957
Sponsored by
Sen. Pete Ricketts (R-NE)
Submitted July 23, 2024
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Senate amendment submitted
July 23, 2024
Text
Submitted
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. ______