Overview

Title

An Act 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.

ELI5 AI

H.R. 5245 makes sure that before the U.S. makes any deals with China about science and technology, they have to tell Congress about it first. This is to keep everything safe and fair, especially with important things like new inventions and human rights.

Summary AI

H.R. 5245 seeks to amend the State Department Basic Authorities Act of 1956 to ensure Congress is notified before the U.S. enters, renews, or extends any science and technology agreements with China. The bill mandates detailed reports to Congress on these agreements, including their justifications, potential risks, and benefits. It emphasizes safeguards to protect U.S. national interests, human rights, and intellectual property from being exploited. Additionally, the bill requires annual reporting on the implementation and impact of these agreements.

Published

2024-09-09
Congress: 118
Session: 2
Chamber: HOUSE
Status: Engrossed in House
Date: 2024-09-09
Package ID: BILLS-118hr5245eh

Bill Statistics

Size

Sections:
5
Words:
1,928
Pages:
12
Sentences:
30

Language

Nouns: 630
Verbs: 123
Adjectives: 102
Adverbs: 21
Numbers: 61
Entities: 147

Complexity

Average Token Length:
4.53
Average Sentence Length:
64.27
Token Entropy:
4.99
Readability (ARI):
35.74

AnalysisAI

General Summary of the Bill

The bill, titled the "Science and Technology Agreement Enhanced Congressional Notification Act of 2024," seeks to amend the State Department Basic Authorities Act of 1956. The primary focus is to require the U.S. Department of State to notify Congress about renewing or entering into science and technology agreements with the People's Republic of China. This notification must include comprehensive details about the agreement, its justification, any associated risks, and plans for protection of human rights and intellectual property. The bill also mandates an annual report to Congress evaluating the agreements in place, their benefits, economic impact, and adherence to U.S. interests.

Summary of Significant Issues

The bill raises several concerns, primarily centered on its mechanisms for oversight and accountability. It mandates detailed notifications to Congress before any agreements but lacks a defined process for how Congress will evaluate or act on these risk assessments and justifications. There is no specific provision detailing how the Secretary of State will ensure compliance with the human rights protections stated in the agreements. Vague language and broad definitions, particularly around what constitutes harming national security or aiding China's military strategy, could lead to inconsistent enforcement.

Additionally, the report to Congress is required in an unclassified format but can include a classified annex without clear criteria, potentially limiting transparency. There are also concerns about subjective and undefined criteria in evaluating the benefits and costs of these agreements, which might result in inconsistent or opaque assessments.

Impact on the Public

The bill aims to enhance Congress' oversight of science and technology collaborations with China, which could boost transparency and ensure that these agreements align with national interests. By stressing the need for human rights safeguards and intellectual property protection, the bill addresses public concerns about ethical considerations and national security.

However, the lack of clear mechanisms for evaluating risk assessments and ensuring accountability could lead to inefficiencies. If Congress does not systematically review the details provided or does not have the authority to influence outcomes based on this information, the bill's effectiveness in protecting public and national interests might be limited.

Impact on Specific Stakeholders

1. U.S. and Chinese Researchers: The bill could result in a more cautious approach from the U.S. side in engaging with Chinese research initiatives, possibly slowing down joint collaborations. Researchers might face increased scrutiny and administrative hurdles due to heightened oversight.

2. Government Agencies: U.S. governmental entities involved in scientific exchange may need to adhere to stricter protocols and reporting requirements, which could necessitate additional administrative resources.

3. Congress: With more detailed information at their disposal, congressional committees are better positioned to oversee science and technology agreements. However, without clear guidelines on how to act upon these notifications, this increased information may not result in proportional outcomes or actions.

4. U.S. Businesses and Technology Firms: Companies might benefit from enhanced protections against intellectual property theft and unfair practices. However, there could be concerns over the resultant tightening of innovation and collaboration pipelines between the two countries.

Overall, while the bill aims to safeguard U.S. interests, the effectiveness of its provisions will largely depend on the processes established for evaluation and action following the required notifications and reports.

Issues

  • The bill mandates a detailed notification process for science and technology agreements with China (Section 3), but does not outline a clear mechanism for how the risk assessments and justifications will be evaluated or acted upon by Congress, which could lead to a lack of systematic oversight and accountability.

  • There is no specific provision for oversight or accountability in Section 3 regarding how the Secretary of State will ensure compliance with the stipulated requirements for human rights protections and monitoring commitments made by China under these agreements.

  • The language used in Section 3 to assess risks related to the transfer of technology or intellectual property ('capable of harming the national security interests of the United States or enabling China's military-civil fusion') is broad and could lead to varying interpretations, possibly affecting enforcement consistency.

  • The term 'appropriate Federal departments and agencies' in Section 4 is vague and could be clarified to specify which departments and agencies are responsible for consultation, leading to potential confusion about roles and responsibilities.

  • The criteria for evaluating the 'benefits' of the CST Agreement in Section 4 are not clearly defined, which may lead to subjective or inconsistent assessments of its impact on the US economy, scientific leadership, and military-industrial base.

  • The method for estimating the 'costs to the United States to administer the CST Agreement' in Section 4 is not specified, potentially leading to a lack of transparency in cost assessments.

  • Section 4 does not specify mechanisms for accountability or consequences if the People’s Republic of China does not comply with the CST Agreement, which could be a potential risk.

  • The requirement for reports in Section 4 to be submitted 'in unclassified form and may include a classified annex' lacks explicit criteria for classification, potentially leading to unnecessary over-classification and limiting public access to information.

  • No mention of independent oversight or third-party evaluation of the report's contents is made in Section 4, which could help ensure objectivity and accountability in the evaluation of agreements with China.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of this Act specifies its short title, which is the “Science and Technology Agreement Enhanced Congressional Notification Act of 2024.”

2. Findings; sense of Congress Read Opens in new tab

Summary AI

Congress has identified issues with the science and technology agreement between the United States and China, noting that it has helped develop many programs but has also raised concerns about national security and human rights. They believe that cooperation can be beneficial if it supports U.S. interests, ensures no harm to national security, includes human rights protections, safeguards U.S. researchers and intellectual property, and improvements or changes to this agreement should ensure mutual safety and benefits for the U.S.

3. Enhanced congressional notification regarding science and technology agreements with the People’s Republic of China Read Opens in new tab

Summary AI

The section requires the Secretary of State to notify the appropriate congressional committees at least 15 days before renewing or extending any science and technology agreement with China, detailing the agreement's text and justifications, potential risks, human rights protections, monitoring strategies, and any changes strengthening U.S. oversight. This notification applies to new agreements and requires a report on existing agreements within 90 days of the Act's enactment.

4. Annual report to Congress Read Opens in new tab

Summary AI

The section outlines that the Secretary of State must deliver an annual report to Congress about the science and technology agreements with China. This report should detail joint projects, evaluate the effects on U.S. and China's economies, estimate costs, assess policy impacts, and identify potential risks, and it must be submitted in an unclassified format, with the option for a classified section.

5. Definitions Read Opens in new tab

Summary AI

The section defines key terms used in the Act, including "appropriate congressional committees" as the House and Senate committees on foreign relations, "CST Agreement" as the science and technology cooperation agreement between the U.S. and China, "implementing arrangement" as any sub-agreement under a science and technology agreement between U.S. and Chinese government entities, and "science and technology agreement" as any international pact for collaboration in scientific and technical fields.