Overview
Title
To counter the malign influence and theft perpetuated by the People’s Republic of China and the Chinese Communist Party.
ELI5 AI
H.R. 7476, called the "Countering Communist China Act," is a plan to make sure China doesn't cause trouble or take things from the U.S. by using rules, penalties, and spending money smartly to keep America safe and fair.
Summary AI
H.R. 7476, known as the "Countering Communist China Act," is a comprehensive legislative proposal aiming to tackle the influence and activities of the People's Republic of China and the Chinese Communist Party. The bill includes measures to enhance U.S. national security and economic interests by imposing sanctions, modifying trade relations, and protecting intellectual property. It also focuses on halting investments in Chinese military-linked entities, securing the U.S. supply chains, and restricting technology transfers. Additionally, the bill addresses human rights issues by enforcing strict regulations on interactions with entities involved in labor abuses and political oppression.
Published
Keywords AI
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Bill Statistics
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AnalysisAI
The Countering Communist China Act is a comprehensive legislative proposal put before the 118th United States Congress, aimed at addressing various aspects of the United States' relationship with China. This bill, H.R. 7476, spans numerous topics, such as trade, education, national security, technology, and human rights, and has broad implications both internationally and within the United States.
General Overview
This bill addresses multiple areas of concern regarding China's influence and actions that many in the United States government see as problematic. The focus areas include but are not limited to national security threats, human rights abuses particularly in Taiwan and the Xinjiang region, unfair trade practices, and attempts to reform how the United States interacts in these areas. Additionally, the bill proposes sanctions, modifications to trade agreements, changes in technology policies, limits on research collaborations, and restrictions on foreign investments.
Significant Issues
One of the notable challenges with this bill is its broad scope and complexity. The bill provides a framework for how the United States intends to manage its diplomatic and economic relationship with China. However, its ambitious reach creates issues in terms of potential enforcement and oversight. Many provisions lack detailed guidelines, which could lead to interpretation challenges and varying implementations. Furthermore, the bill singles out China as a target for these numerous legislative changes, which might have diplomatic repercussions.
Additionally, the proposed changes in legislation affect a range of stakeholders, including businesses involved in international trade, educational institutions, entities related to technology and research, and U.S. government agencies tasked with enforcement. The scope of the bill also extends to altering relations within international alliances and financial institutions, such as the International Monetary Fund (IMF).
Impact on the Public
For the general public, the bill intends to promote transparency and improve national security. Measures such as import restrictions and export control are designed to protect against the transmission of sensitive technologies and to retaliate against intellectual property theft. This could reinforce economic stability and protect jobs within U.S. industries that are competitive internationally.
However, these policies could also lead to higher consumer costs, especially for goods imported from China, if trade restrictions increase prices. The educational restrictions might limit international collaborations, affecting research and innovation.
Impact on Stakeholders
Businesses and Economies: U.S. companies conducting business with China could face new regulatory hurdles and increased operational costs due to sanctions and trade restrictions. This might affect their global competitiveness, especially in technology and pharmaceuticals, where China is a significant supplier.
Educational Institutions: Universities and research bodies may be limited in their capacity to partner with Chinese entities. Restrictions on foreign nationals from participating in certain research areas could impact diversity and innovation.
Government Agencies: United States departments involved in trade, justice, and national security will need to significantly ramp up enforcement and compliance monitoring. This will require adequate resourcing and clear directives, which the bill does not always specify.
International Relations: The bill's clear punitive stance against China could strain diplomatic relations, impacting cooperative efforts necessary to tackle global issues like climate change and pandemics.
In conclusion, while the intent of the bill is to limit China's perceived negative influence, the complexity and breadth of these legislative measures may create various practical and diplomatic challenges that could affect both domestic and international stakeholders. Without careful balancing of national interests with economic and diplomatic realities, the proposed changes might yield outcomes that extend beyond their intended scope.
Financial Assessment
H.R. 7476, known as the "Countering Communist China Act," has various provisions that involve significant financial references. Here's a detailed examination of the bill's financial aspects and how they connect to the key issues identified.
Summary of Financial Provisions
The proposed legislation authorizes considerable spending and involves several appropriations. Notably, $25,000,000 is authorized for each of the first two fiscal years following the enactment of the Act to counter adversarial capabilities (Section 101). Additionally, for certain foreign relations and defense-related programs, the bill outlines further financial sanctions, penalties, and funds appropriations.
There is also a provision directing $31,700,000 annually from fiscal years 2024 through 2043 to the United States Postal Service to cover specific costs associated with agreements (Section 1411). Another section provides $550,000 per year for judicial training under these agreements. These allocations represent the significant financial emphasis the bill places on maintaining secure U.S. interests.
Relation to Identified Issues
- Potential Federal Revenue Reductions
Sections concerning oil, gas, and mineral leasing might reduce federal revenue. For instance, Section 501 talks about lower royalty rates and minimum bids which, while not directly mentioning appropriations, suggest financial alterations that could impact federal income from energy production. This relates to the issue of minimizing governmental revenues in favor of potential energy industry benefits.
- Administrative and Oversight Expenses
The proposal involves extensive reporting and administrative requirements, potentially leading to increased government expenditures. Section 505's focus on reviewing nonimmigrant visas implies added bureaucratic work, which might require more administrative spending to ensure efficient processing and oversight, as mentioned in the issues.
- Financial Penalties and Legal Implications
The bill details various penalties, like those in Section 108, where U.S. persons violating specific regulations face civil fines up to $350,000 or criminal fines up to $1,000,000 for individuals—and up to $25,000,000 for organizations. These penalties contribute both as deterrents and as sources of revenue but also raise potential legal issues surrounding enforcement and adherence to international norms.
- Ethical and Political Financial Decisions
Section 608 mentions conditional funding withholding from the United Nations Population Fund based on ethical considerations, which ties financial appropriations directly to political and moral debates about international health cooperation.
Overall, the bill involves strategic use of financial resources to bolster national security and international standing, while concurrently raising issues related to governmental efficiency, revenue implications, and diplomatic relations. The financial appropriations reflect an emphasis on countering perceived threats while maintaining economic and strategic interests.
Issues
The bill contains numerous provisions that limit the ability to conduct comprehensive environmental reviews (Sections 202, 108, 213), which could have significant political and environmental implications, potentially harming environmental protection efforts.
There are several sections that could potentially reduce federal revenue from oil, gas, and mineral leasing by lowering royalty rates and minimum bids (Sections 501, 601). This could have profound financial implications and might lead to concerns about favoring the energy industry.
The bill implements significant restrictions on collaboration and investments involving China, including bans and sanctions (Sections 804, 814), which could raise legal and ethical concerns regarding international relations and discrimination.
The tightening of the visa eligibility criteria for members of the Chinese Communist Party and other security concerns related to China (Sections 1701, 1702) could lead to significant legal and political controversies due to potential biases and diplomatic tensions.
Numerous sections propose major changes in the management and leasing of federal lands for energy production (Sections 1807, 1808, 401), which might lead to debates about environmental and economic priorities.
New reporting and administrative requirements on licenses, contracts, and security matters (Sections 1601, 219, 505) could introduce bureaucratic complexity and considerable administrative burdens, raising concerns about government efficiency and oversight.
The prohibition on using federal funds to support initiatives like those of the United Nations Population Fund and imposing restrictions based on specific ethical conditions (Sections 608, 610) might lead to political and ethical debates on international health collaboration.
The actions to restrict agency capacity via codifications and alterations of existing regulatory and administrative rules (Sections 203, 1504) have potential legal implications and might lead to inefficiencies or ambiguities in regulatory practice.
There are sections that empower specific agencies to accept external funds for speeding up permit processes (Section 209), which may raise ethical concerns around potential conflicts of interest and favoritism.
Amendments made to codify specific trading and arms export proposals involving countries like New Zealand and Israel and now India (Section 705), could carry international political significance, potentially affecting foreign relations or prompting critique regarding military engagements or alignments.
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; table of contents Read Opens in new tab
Summary AI
The "Countering Communist China Act" is a bill composed of multiple titles addressing various topics, including trade, investment, economic relations, and efforts to counter China's influence. It also covers areas like national security, education, democracy, human rights, defense, intellectual property protection, financial services, as well as national security authorizations, and issues related to energy and fentanyl.
2. Findings Read Opens in new tab
Summary AI
Congress has made several findings about the People's Republic of China and the Chinese Communist Party, identifying them as significant national security threats due to their anti-democratic principles, economic practices such as intellectual property theft, and actions like political interference and human rights abuses. It also recognizes the negative impact of discriminatory rhetoric against Asian individuals and stresses the importance of adhering to American values in addressing these challenges.
Money References
- (5) The People’s Republic of China currently has the world’s second-largest economy in terms of nominal GDP ($14.14 trillion) and the largest in terms of purchasing power parity (PPP) GDP ($27.31 trillion).
3. Severability Read Opens in new tab
Summary AI
If any part of this Act or its amendments is found to be invalid, the rest of the Act and its amendments will still remain in effect and apply to others.
101. Preventing adversaries from developing critical capabilities Read Opens in new tab
Summary AI
The bill section is called the "Preventing Adversaries from Developing Critical Capabilities Act." It allows the U.S. President to use emergency economic powers to prevent other countries, specifically those considered concerning like North Korea, China, Russia, and Iran, from developing or acquiring certain technologies and products that could threaten U.S. national security. The President can create a list of such technologies, prohibit U.S. persons from engaging in related activities, and require mandatory notifications for certain actions. The act also outlines penalties for violations, establishes mechanisms for international cooperation, and allows for exceptions if deemed in the U.S. national interest.
Money References
- — (1) IN GENERAL.—There is authorized to be appropriated $25,000,000, to be derived from amounts otherwise authorized to be appropriated to the President, for each of the first two fiscal years beginning on or after the date of the enactment of this Act, to carry out this Act, including to provide outreach to industry and persons affected by this Act.
102. Sanctions with respect to Communist Chinese military and surveillance companies Read Opens in new tab
Summary AI
The section mandates that the President impose certain sanctions on foreign individuals or entities involved in significant defense or surveillance operations in China, with the possibility of annual assessments and reporting to Congress. The sanctions would block transactions related to property within the U.S. but include exceptions for intelligence, government, and humanitarian activities, while allowing the President to waive sanctions if it's in the national interest.
103. Withdrawal of normal trade relations treatment from the People’s Republic of China and Reversion to Tariff Act of 1930 column 2 tariff rates Read Opens in new tab
Summary AI
In this section, the bill proposes that within two years, the United States will stop giving China special trade benefits, known as normal trade relations, resulting in higher tariff rates on Chinese products as outlined in an older law from 1930, unless a new law is passed by Congress to change this.
104. Expedited procedures for tariffs with regards to the People’s Republic of China Read Opens in new tab
Summary AI
The section outlines expedited procedures for passing legislation related to setting tariffs on goods from China. It allows specific congressional leaders to introduce such bills for two years and sets specific rules for consideration and debate in Congress, including restrictions on reducing tariffs below January 1, 2024, levels.
105. Protecting Americans’ retirement savings Read Opens in new tab
Summary AI
The Protecting Americans’ Retirement Savings Act (PARSA) aims to safeguard retirement savings by prohibiting fiduciaries from investing in or engaging with entities that are sanctioned or considered foreign adversaries. It also mandates additional disclosures regarding investments in such entities and authorizes the President to negotiate trade agreements with certain countries, while ensuring the implementation of necessary trade, labor, and environmental standards.
106. Disclosing Investments in Foreign Adversaries Act of 2024 Read Opens in new tab
Summary AI
The Disclosing Investments in Foreign Adversaries Act of 2024 requires investment advisers to disclose private fund assets in certain foreign countries deemed concerning by the U.S. government. The Act mandates the Securities and Exchange Commission to amend reporting requirements and make key information publicly accessible, aiming to improve transparency regarding investments tied to these specified countries.
Money References
- “(2) PARTICULAR COVERED EXEMPTED TRANSACTION DESCRIBED.—A covered exempted transaction described in this paragraph is, with respect to the issuer offering or selling the security that is the subject of the covered exempted transaction, either of the following instances: “(A) An offer or sale of securities in an amount that is not less than $25,000,000.
- “(B) An offer or sale of a security such that the offer or sale, together with all covered exempted transactions by that issuer during the 1-year period preceding the date on which the issuer offers or sells the security, constitutes offers or sales in the aggregate of an amount that is not less than $50,000,000.
13B. Disclosure requirements relating to certain exempted transactions Read Opens in new tab
Summary AI
The section outlines disclosure requirements for certain securities transactions that are exempt from registration. It mandates that issuers provide detailed information about their identity, incorporation, beneficial owners, and use of proceeds, especially when they have ties to countries of concern, with the goal of enhancing transparency and protecting investors.
Money References
- (2) PARTICULAR COVERED EXEMPTED TRANSACTION DESCRIBED.—A covered exempted transaction described in this paragraph is, with respect to the issuer offering or selling the security that is the subject of the covered exempted transaction, either of the following instances: (A) An offer or sale of securities in an amount that is not less than $25,000,000. (B) An offer or sale of a security such that the offer or sale, together with all covered exempted transactions by that issuer during the 1-year period preceding the date on which the issuer offers or sells the security, constitutes offers or sales in the aggregate of an amount that is not less than $50,000,000. (c) Authority To revise and promulgate rules, regulations, and forms.—The Commission shall, for the protection of investors and fair and orderly markets— (1) revise and issue such rules, regulations, and forms as may be necessary to carry out this section; and (2) issue rules to set conditions that limit the future use of covered exempted transactions for issuers that do not comply with the disclosure requirements of this section.
107. Stop Funding The CCP Through A-shares Act Read Opens in new tab
Summary AI
The "Stop Funding the CCP Through A-Shares Act" is a proposed law that aims to prevent financial support for the Chinese Communist Party (CCP) by restricting investments in A-shares, which are shares of companies based in mainland China that are traded on Chinese stock exchanges.
108. Prohibited acts Read Opens in new tab
Summary AI
In this section of the bill, specific terms such as "acting in a professional capacity," "covered exchange," "covered security," and others are defined to clarify their meanings. Additionally, it prohibits U.S. persons from engaging in transactions involving certain securities and outlines penalties for violations, including fines and imprisonment.
Money References
- (c) Penalties.—A U.S. person that violates, attempts to violate, conspires to violate, or causes a violation of this section shall be subject to any of the following penalties: (1) A civil penalty in an amount not to exceed the greater of— (A) $350,000; or (B) an amount that is twice the amount of the covered transaction that is the basis of the violation with respect to which the penalty is imposed. (2) With respect to a U.S. person that willfully violates, willfully attempts to violate, willfully conspires to violate, or willfully aids or abets in the commission of a violation of this section, a criminal penalty as follows: (A) If that U.S. person is an individual not acting in a professional capacity, a fine of not more than $1,000,000, a term of imprisonment of not more than 5 years, or both. (B) If that U.S. person is an individual acting in a professional capacity, a fine of not more than $5,000,000, a term of imprisonment of not more than 20 years, or both. (C)(i) If that U.S. person is an organization, including any entity described in clause (ii), a fine of not more than $25,000,000.
109. Reports to Congress Read Opens in new tab
Summary AI
The section outlines that the Secretary of the Treasury, along with other top officials, must regularly report to Congress about how well they are fixing or preventing certain problems related to securities on the Hong Kong Stock Exchange. These reports must be submitted within the initial 90 and 180 days after the law becomes effective and then every 180 days thereafter.
110. Annual report on United States portfolio investments in the People’s Republic of China Read Opens in new tab
Summary AI
The section requires the Secretary of the Treasury to submit an annual report to Congress about investments by Americans in China, detailing the types of investors, sectors involved, and significant investments, with the first report covering from 2008 to the present and subsequent ones covering the previous year. The report should also consider investments in Chinese entities subject to U.S. sanctions and any receiving over $100 million.
Money References
- (b) Report.—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of the Treasury shall submit to Congress a report on portfolio investments by United States persons in the People’s Republic of China, including such investments routed through a jurisdiction outside the United States. (c) Elements.—Each report required by subsection (b) shall include an assessment of the involvement of the following in portfolio investments in the People’s Republic of China: (1) United States persons making such investments, including an assessment of— (A) the types of United States persons making such investments, including State pension funds; and (B) United States persons making more than 2 percent of the total of such investments in a year. (2) Chinese entities receiving such investments, including an assessment of— (A) such entities in individual sectors of the economic of the People’s Republic of China, including the housing sector; (B) any Chinese entities subject to sanctions imposed by the United States receiving such investments; and (C) Chinese entities that receive more than $100,000,000 from such investments. (d) Period covered.—The period covered by a report required by subsection (b) shall be— (1) in the case of the first such report, the period beginning on January 1, 2008, and ending on the date of the report; and (2) in the case of each subsequent such report, the 1-year period preceding submission of the report. ---
111. Coordination Read Opens in new tab
Summary AI
The section outlines that the Secretary of the Treasury and the Securities and Exchange Commission have the ability to work together to implement the Act, and they can also collaborate with the Attorney General when dealing with enforcing certain criminal penalties.
201. Imposition of sanctions with respect to foreign persons that knowingly spread malign disinformation as part of or on behalf of a foreign government or political party for purposes of political warfare Read Opens in new tab
Summary AI
The text outlines that the President must impose sanctions on foreign individuals or entities that knowingly spread harmful false information on behalf of a foreign government to damage U.S. national security or citizens. These sanctions include blocking assets and denying entry into the United States, with some exceptions, and the President can waive these sanctions if it's crucial for national security.
202. Determination with respect to the imposition of sanctions on the united front work department of the Chinese Communist Party Read Opens in new tab
Summary AI
The section requires the Secretary of State to decide within 90 days if the United Front Work Department of the Chinese Communist Party should face sanctions. This decision must be reported to certain congressional committees and can include classified information.
203. Authorities to regulate or prohibit mobile applications and software programs that engage in theft or unauthorized transmission of user data on behalf of a communist country, foreign adversary, or state sponsor of terrorism Read Opens in new tab
Summary AI
The newly added subsection to Section 203 of the International Emergency Economic Powers Act gives the President the power to regulate or prohibit transactions with mobile apps or software that steal or unlawfully share user data with countries like communist nations, foreign adversaries, or those sponsoring terrorism. The terms 'communist country', 'covered foreign political party', 'foreign adversary', and 'state sponsor of terrorism' are clearly defined based on existing laws and executive orders.
204. Imposition of sanctions with respect to mobile applications or software programs that engage in theft or unauthorized transmission of user data Read Opens in new tab
Summary AI
The President is allowed to impose sanctions on foreign individuals or companies responsible for creating or controlling mobile apps or software that illegally send user data to China or give the Chinese government access to this data. These sanctions can include blocking assets and barring individuals from entering the U.S., but exceptions can be made if necessary for national security or international obligations, and the President can put rules in place to enforce these measures.
205. Determination with respect to the imposition of sanctions on WeChat and TikTok Read Opens in new tab
Summary AI
The section outlines that within 90 days of the law being passed, the Secretary of State must decide if WeChat and TikTok should face sanctions. This decision, which must include detailed reasons, will be sent to specific congressional committees and can have both public and secret parts.
206. Prohibiting lobbying contacts on behalf of communist countries Read Opens in new tab
Summary AI
The bill amends the Lobbying Disclosure Act of 1995 to bar anyone from being paid to lobby for foreign countries deemed concerning by U.S. law. Violators face fines greater than the money earned from such activities, up to triple the amount.
. Prohibiting lobbying contacts on behalf of foreign countries of concern Read Opens in new tab
Summary AI
This section makes it illegal for anyone to be paid, in any form, for acting as an agent or lobbyist for certain foreign countries of concern. If someone violates this rule, they can be fined at least the amount they were paid for breaking the law, and the fine can go up to three times that amount.
207. Annual disclosure of contributions from foreign governments and political parties by certain tax-exempt organizations Read Opens in new tab
Summary AI
The section requires certain tax-exempt organizations to report any contributions or gifts over $50,000 they receive from foreign governments or political parties, and this information will be publicly accessible in an online database. Additionally, it specifically requires separate disclosure of contributions from the People's Republic of China and the Chinese Communist Party, and applies to tax returns filed for years starting after the law is enacted.
Money References
- “(16) with respect to each government of a foreign country (within the meaning of section 1(e) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(e))) and each foreign political party (within the meaning of section 1(f) of such Act (22 U.S.C. 611(f)) which made aggregate contributions and gifts to the organization during the year in excess of $50,000, the name of such government or political party and such aggregate amount, and”.
208. Position of sanctions with respect to senior officials of the Chinese Communist Party Read Opens in new tab
Summary AI
The text outlines the President's authority to impose sanctions on senior officials of the Chinese Communist Party involved in certain harmful activities, such as disinformation campaigns, intellectual property theft, and religious suppression. These sanctions can include blocking assets and revoking visas, but there are provisions for waiving or terminating the sanctions, and the rules must be implemented by January 1, 2026, unless the sanctions were imposed before that date.
209. Determination with respect to the imposition of sanctions on members of the CCP Politburo Read Opens in new tab
Summary AI
The section requires the U.S. Secretary of State, with input from the Secretary of the Treasury, to decide within 180 days whether any members of China's Communist Party Politburo should face sanctions under several specified laws. This decision must be reported to certain congressional committees in an unclassified format, although a classified version can be included if necessary.
210. Mandatory application of sanctions Read Opens in new tab
Summary AI
The section mandates that the President impose sanctions, as outlined in section 108, on five specific individuals—He Lifeng, Zhao Leji, Cai Qi, Ding Xuexiang, and Li Xi—within 180 days after the law is enacted.
211. Sanctioning tyrannical and oppressive people within the Chinese Communist Party Read Opens in new tab
Summary AI
The "Sanctioning Tyrannical and Oppressive People within the Chinese Communist Party Act" directs the U.S. President to apply sanctions against current or former members of the Chinese Communist Party and their adult family members. These sanctions include blocking property transactions in the U.S. and denying visas to these individuals. Exceptions are made for United Nations obligations, and the President can lift sanctions if China stops certain human rights abuses, such as the treatment of Uyghur Muslims and threats against Taiwan.
212. Continuation in effect of certain export controls Read Opens in new tab
Summary AI
The section outlines that Huawei Technologies and its affiliates will remain on a restricted list unless it's proven by U.S. authorities that they're not a security threat, while Honor Device Co. Ltd. must be added to the list within 180 days of the Act's enactment. Additionally, the Secretary of Commerce must report monthly to Congress about licensing requests related to these companies.
213. Exclusion of Government of the People’s Republic of China from certain cultural exchanges Read Opens in new tab
Summary AI
The bill section amends the Mutual Educational and Cultural Exchange Act of 1961 to specify that the term "foreign government" does not include the Government of the People’s Republic of China, effectively excluding it from certain cultural exchange programs.
214. Prohibition on any TSP fund investing in entities based in the People’s Republic of China Read Opens in new tab
Summary AI
The section prohibits any Thrift Savings Plan (TSP) funds from being invested in companies based in China or their subsidiaries. Additionally, it requires the Federal Retirement Thrift Investment Board to ensure compliance by reviewing, divesting from, and reinvesting any such holdings, and extends this prohibition to mutual funds accessible through the TSP's mutual fund window.
215. Enactment of executive order Read Opens in new tab
Summary AI
The section enacts into law the provisions of Executive Order 13920, which is related to securing the United States bulk-power system as it was on May 1, 2020. Additionally, it requires the Archivist of the United States to include the text of this Executive Order in the publication of the Act.
216. Review by committee on foreign investment in the United States of greenfield investments by People’s Republic of China Read Opens in new tab
Summary AI
The proposed bill adds new requirements for reviewing investments in real estate and businesses in the U.S. when they involve entities linked to the Chinese government. It requires these investment transactions to be declared, aiming to monitor and control potential influence by the Chinese government in U.S. businesses.
217. Modification of authorities to regulate or prohibit the importation or exportation of information or informational materials containing sensitive personal data under the International Emergency Economic Powers Act Read Opens in new tab
Summary AI
The section modifies the International Emergency Economic Powers Act by clarifying the regulation of sensitive personal data in information imports and exports, specifying what qualifies as "sensitive personal data," like financial and health information, geolocation, and communication data. These changes take effect immediately upon the Act's enactment and influence the President's authority over such data transfers.
218. Prohibiting the purchase of agricultural land located in the United States Read Opens in new tab
Summary AI
The section prohibits companies that are owned entirely or partly by the People’s Republic of China from purchasing agricultural land in the United States. Additionally, any agricultural land owned by these entities cannot participate in programs managed by the U.S. Secretary of Agriculture once the law is enacted.
219. Report Read Opens in new tab
Summary AI
The Director of National Intelligence is required to send a report to Congress every year that details who owns and how money is spent on media outlets connected to Chinese state entities, including spending on paid advertisements.
220. Prohibition of Federal contracts Read Opens in new tab
Summary AI
The section prohibits awarding or renewing federal contracts with technology companies that have sold hardware or software to China's government or state-owned enterprises, unless they agree to share bulk data with the U.S. Government. The President can waive this prohibition if it serves national security, and relevant congressional leaders can recommend companies for inclusion in this prohibition.
221. Establishing new authorities for businesses laundering and enabling risks to security Read Opens in new tab
Summary AI
The section describes the ENABLERS Act, which aims to strengthen anti-money laundering measures by expanding the definition of financial institutions to include various professionals like investment advisors, art dealers, lawyers, accountants, and others involved in financial activities. By December 31, 2023, these entities must implement anti-money laundering programs and report suspicious activities, and the Secretary of the Treasury will establish regulations to enforce these requirements while creating a task force to develop a comprehensive strategy to ensure compliance across relevant professions.
222. Amendment to Department of State rewards program Read Opens in new tab
Summary AI
The amendment to the Department of State rewards program adds a new provision, allowing rewards for credible information about the origins of COVID-19, anyone involved in hiding this information, or details about gain of function research linked to Chinese labs, such as the Wuhan Institute of Virology, that the Chinese government or Communist Party may have concealed.
223. Prohibition on use of funds to seek membership in the World Health Organization or to provide assessed or voluntary contributions to the World Health Organization Read Opens in new tab
Summary AI
The section prohibits any federal funds from being used to support the World Health Organization ("WHO") or join it unless the President confirms that the WHO has met specific conditions, such as implementing reforms for humanitarian aid, avoiding influence from the Chinese Communist Party, maintaining transparency, and granting observer status to Taiwan.
224. Amendments to the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 Read Opens in new tab
Summary AI
The amendments to the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 introduce new definitions and specify the President's responsibilities in determining if a foreign government has shown gross negligence with chemical or biological programs. If such negligence is found, the President is required to impose sanctions. The amendments describe steps for the application, modification, and removal of such sanctions, and establish a waiver option if deemed necessary for national security.
507A. Sanctions against foreign states with respect to chemical or biological programs Read Opens in new tab
Summary AI
The section outlines the process for imposing sanctions on foreign governments involved in chemical or biological programs when they are deemed negligent. It details the initial, intermediate, and final sanctions, conditions for their removal, and the possibility of waiving sanctions if it serves U.S. national security interests.
225. Determination regarding the People’s Republic of China Read Opens in new tab
Summary AI
The President must decide, within 180 days of this law being enacted, if China meets the criteria for gross negligence in its chemical or biological programs. Following this decision, a report explaining the reasons must be submitted to the appropriate congressional committees within 30 days, which will be unclassified but may include a classified section.
226. Regulatory authority Read Opens in new tab
Summary AI
The President is required to create necessary regulations for implementing certain sections and amendments of the Act within 180 days of its enactment. Additionally, the President must inform the appropriate congressional committees about these proposed regulations 10 days before they are officially prescribed.
227. Appropriate congressional committees defined Read Opens in new tab
Summary AI
In this section of the Act, "appropriate congressional committees" refers to specific committees in the U.S. Congress. These include the Committee on Foreign Affairs and the Committee on Financial Services in the House of Representatives, as well as the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs in the Senate.
228. Limitation on research by the National Science Foundation and National Institutes of Health Read Opens in new tab
Summary AI
The section restricts the National Science Foundation and National Institutes of Health from conducting or supporting research involving fetal tissue from induced abortions, creating or harming human embryos, forming embryo-like entities using human cells, making genetic changes to human embryos, or using stem cells that do not meet certain standards.
229. Prohibition on certain human-animal chimeras Read Opens in new tab
Summary AI
The text describes a law that makes it illegal to create, attempt to create, or work with certain types of human-animal hybrids, known as "prohibited human-animal chimeras." If someone breaks this law, they could face up to 10 years in prison and heavy fines, but it allows some research involving animals with human genes, as long as it doesn’t create the prohibited chimeras.
Money References
- “(2) CIVIL PENALTY.—Whoever violates subsection (a) and derives pecuniary gain from such violation shall be subject to a civil fine of the greater of $1,000,000 and an amount equal to the amount of the gross gain multiplied by 2.
1131. Definitions Read Opens in new tab
Summary AI
The section defines key terms related to a "prohibited human-animal chimera," describing various scenarios where human and nonhuman cells or genetic materials are combined in ways that blur the lines between species. It also defines a "human embryo" as an organism of the species Homo sapiens in the initial developmental stages, up to eight weeks.
1132. Prohibition on certain human-animal chimeras Read Opens in new tab
Summary AI
The section prohibits creating, transferring, or transporting certain types of human-animal hybrids known as chimeras. Violations can result in hefty fines or imprisonment, but the law allows research using animals with human genes or human transplants into animals, as long as it doesn't involve prohibited activities.
Money References
- (b) Penalties.— (1) IN GENERAL.—Whoever violates subsection (a) shall be fined under this title, imprisoned not more than 10 years, or both. (2) CIVIL PENALTY.—Whoever violates subsection (a) and derives pecuniary gain from such violation shall be subject to a civil fine of the greater of $1,000,000 and an amount equal to the amount of the gross gain multiplied by 2. (c) Rule of construction.—This
230. Technical amendment Read Opens in new tab
Summary AI
The bill makes a technical amendment to the United States Code by adding a new chapter titled "52. Certain Types of Human-Animal Chimeras Prohibited" after chapter 51 in part I of title 18.
231. Repealing certain exemptions from registration under foreign Agents Registration Act of 1938 by agents representing Chinese business organizations Read Opens in new tab
Summary AI
The bill proposes changes to the Foreign Agents Registration Act of 1938 to remove certain exemptions, requiring agents representing Chinese business organizations to register more thoroughly. It defines "covered Chinese business organization" and specifies new rules for the timing and nature of their registration statements.
3A. Special rules for agents representing Chinese business organizations Read Opens in new tab
Summary AI
The section removes certain exemptions from registration requirements for agents representing Chinese business organizations, meaning these agents must register and file reports more frequently under the Lobbying Disclosure Act of 1995. It specifies that a "covered Chinese business organization" includes entities linked to China, unless they are part of a non-Chinese-based company, or are under the influence of the Chinese Communist Party as decided by the Attorney General.
232. Short title Read Opens in new tab
Summary AI
The section gives the official name of the Act, which is called the “Protecting America’s Agricultural Land from Foreign Harm Act of 2023”.
233. Definitions Read Opens in new tab
Summary AI
The text describes definitions from a U.S. legislative act, explaining terms such as "agricultural land," which includes certain lands used for ranching, and "covered person," referring to individuals tied to specific foreign governments like Iran, North Korea, China, and Russia but excluding U.S. citizens and permanent residents. It also defines “Secretary” as the Secretary of Agriculture, and clarifies that the "United States" includes any State, territory, or possession of the U.S.
234. Prohibition on purchase or lease of agricultural land in the United States by persons associated with certain foreign governments Read Opens in new tab
Summary AI
The section prohibits people linked to certain foreign governments from buying or leasing agricultural land in the United States, both public and private. It allows the President to use specific authorities to enforce this rule and imposes penalties for violations, while clarifying that the rule does not affect others, including those who already own or lease such land.
235. Prohibition on participation in Department of Agriculture programs by persons associated with certain foreign governments Read Opens in new tab
Summary AI
The section prohibits people who are associated with certain foreign governments from participating in programs run by the Department of Agriculture if they own or lease agricultural land in the U.S. However, it allows these individuals to join programs related to food safety, health, and labor safety or those administered by the Farm Service Agency, provided they can prove their citizenship as required.
236. Agricultural foreign investment disclosure Read Opens in new tab
Summary AI
The amendments to the Agricultural Foreign Investment Disclosure Act of 1978 include expanding the definition of "interest" to cover security interests and leases, adjusting the penalties for non-compliance on agricultural land, and requiring the Secretary to publish detailed reports on foreign ownership of agricultural land in a public database within two years. Additionally, the definition of a "foreign person" has been extended to include entities issuing securities traded primarily in countries like Iran, North Korea, China, or Russia.
7. Public data sets Read Opens in new tab
Summary AI
The law mandates that, within two years of its enactment, the Secretary must publish data sets online that include all information from reports under this Act about agricultural land deals. These data sets must describe purchase details and value assessments for the land, and update information about foreign owners who hold significant interests in the land.
237. Reports Read Opens in new tab
Summary AI
The section of the bill requires the Secretary to submit biennial reports to Congress on the risks and benefits of foreign ownership of U.S. agricultural land, and how inaccurate reporting is monitored. It also mandates the Director of National Intelligence to analyze and report on foreign influence in the agriculture industry and the motives of foreign investors. Additionally, the Government Accountability Office must review and recommend changes to a 1978 law overseeing foreign investment in agricultural land.
301. Report and recommendation on barriers to domestic manufacturing of medical products Read Opens in new tab
Summary AI
The Secretary of Health and Human Services must submit a report to Congress within 180 days, outlining the barriers to making medical ingredients, drugs, and devices in the U.S. that are usually imported and crucial during public health emergencies. The report should identify challenges and suggest strategies to improve production, which the Secretary may implement if suitable.
302 Tax incentives for relocating manufacturing to the United States Read Opens in new tab
Summary AI
The section offers tax incentives for manufacturers relocating their operations to the United States by allowing accelerated depreciation on certain nonresidential properties and excluding gains from the sale of old equipment used abroad. It applies to property placed in service and sales made after the enactment of this law, aiming to encourage the shift of manufacturing from foreign countries to within the US.
139J. Exclusion of gain on disposition of property in connection with qualified relocation of manufacturing Read Opens in new tab
Summary AI
In Section 139J of the bill, qualified manufacturers do not have to pay taxes on the gain from selling or exchanging certain properties used in manufacturing when they relocate their operations from a foreign country. The properties must have been used in manufacturing to qualify for this tax exclusion.
303. Permanent full expensing for qualified property Read Opens in new tab
Summary AI
The section amends provisions of the Internal Revenue Code to allow businesses to fully expense qualified property—that is, deduct the entire cost—for items placed in service after September 27, 2017. Moreover, the section updates various subsections to align with this change, ensuring that provisions referring to these expensing rules are consistent throughout the Code.
304. Principal negotiating objectives of the United States relating to trade in covered pharmaceutical products Read Opens in new tab
Summary AI
The section outlines the United States' goals for negotiating an international agreement with allies about trade in pharmaceutical products. These goals include removing tariffs, reducing regulatory barriers, ensuring fair trade practices, and improving cooperation and transparency among participating countries.
305. Reauthorization of trade agreements authority Read Opens in new tab
Summary AI
The section amends the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 by updating several dates related to trade agreements authority. It extends the deadlines from 2018 and 2021 to 2023 and 2026, to allow more time for these agreements to be implemented and reviewed.
306. Securing essential medical materials Read Opens in new tab
Summary AI
The bill amends the Defense Production Act of 1950 to ensure that medical materials, like drugs and medical devices essential for national defense, are readily available by securing their supply chains. It requires the President to create a strategy, in consultation with various Secretaries, to address supply chain vulnerabilities, diversify sources, and report annually to Congress on progress until 2025.
109. Strategy on securing supply chains for medical materials Read Opens in new tab
Summary AI
The text mandates that within 180 days, the President, working with various secretaries, must present a plan to Congress to secure medical supply chains crucial for national defense. The strategy should address vulnerabilities, diversify supply sources, and include a timeline to prevent foreign control over these supplies, while also considering the impact on costs, production, and U.S. competitiveness.
307. Investment in supply chain security Read Opens in new tab
Summary AI
The amendment to the Defense Production Act of 1950 allows the President to give funds to certain U.S.-based entities to strengthen the security of supply chains, if it's deemed essential for national defense. These entities must either produce critical components, technology, or materials; and the President will also define what constitutes a supply chain and its activities.
308. Permit process for projects relating to extraction, recovery, or processing of critical materials Read Opens in new tab
Summary AI
The section modifies the definition of "covered project" under the FAST Act to include projects related to extracting, recovering, or processing critical materials like critical minerals, rare earth elements, and microfine carbon derived from coal and related sources. It also requires the Secretary of the Interior to report on how these amendments affect U.S. economic and national security, as well as domestic production and supply of these materials.
401. Permanent full expensing for qualified property Read Opens in new tab
Summary AI
The section modifies the Internal Revenue Code to allow certain property placed in service after September 27, 2017, to qualify for 100% immediate expensing, instead of being depreciated over time. It also makes technical adjustments to references in the tax code to ensure consistency with this change.
402. Research and experimental expenditures Read Opens in new tab
Summary AI
The section outlines changes to Section 174 of the Internal Revenue Code, allowing taxpayers to deduct research and experimental costs from their taxable income as long as these costs are reasonable and not related to purchasing land or certain depreciable properties. It also introduces rules for amortizing some research expenses over at least 60 months and updates related sections for consistency, with these changes applicable to expenditures from taxable years starting after December 31, 2021.
174. Research and experimental expenditures Read Opens in new tab
Summary AI
Taxpayers can choose to treat research or experimental costs as expenses instead of capital, allowing these to be deducted from taxable income for the year paid. Alternatively, they can elect to spread out these costs over at least 60 months, except for expenses related to land, property improvements, or mineral exploration, which are not eligible. Only reasonable research expenses qualify for these treatments.
403. Repeal and codification of certain executive orders Read Opens in new tab
Summary AI
The section repeals an Executive Order from January 20, 2021, about revoking certain federal regulations and gives certain other Executive Orders the power of law. These include orders to reduce regulation costs, enforce regulatory reforms, improve agency guidance, increase transparency in administrative actions, and hold agencies accountable.
404. Educational assistance exclusion from gross income increased Read Opens in new tab
Summary AI
The section of the bill amends the Internal Revenue Code to increase the exclusion amount for educational assistance from an individual's gross income and modifies rules for handling research and experimental expenses. It allows taxpayers to deduct research expenses as regular business expenses or opt to amortize them, and clarifies how these expenses interact with tax credits for research activities, applying to years after specified dates.
Money References
- , the term ‘maximum amount’ means, for any calendar year, an amount equal to the applicable dollar amount for elective deferrals described in section 402(g)(1)(B) (as such amount is adjusted for inflation for such calendar year).”
174. Research and experimental expenditures Read Opens in new tab
Summary AI
Taxpayers can choose to treat research or experimental costs as expenses instead of capital, allowing these to be deducted from taxable income for the year paid. Alternatively, they can elect to spread out these costs over at least 60 months, except for expenses related to land, property improvements, or mineral exploration, which are not eligible. Only reasonable research expenses qualify for these treatments.
501. Restrictions on institutions partnering with the People’s Republic of China Read Opens in new tab
Summary AI
Institutions of higher education will not be able to receive federal funds if they have partnerships with entities controlled by China's government or employ instructors funded by the Chinese Communist Party. They can regain eligibility by ending these partnerships or proving they no longer employ CCP-funded instructors. These rules will start 180 days after the law is enacted.
502. Limiting exemption from foreign agent registration requirement for persons engaging in activities in furtherance of certain pursuits to activities not promoting political agenda of foreign governments Read Opens in new tab
Summary AI
The amendment to the Foreign Agents Registration Act requires that the exemption for people working in certain activities only applies if they are not promoting the political goals of foreign governments. This change affects activities conducted from the date the new rule is enacted.
503. Reporting exchange visitor change in field of study Read Opens in new tab
Summary AI
The section requires the Secretary of State to ensure that any changes in the primary field of study for J-1 visa holders studying in the U.S. are reported by their program sponsors using the Student and Exchange Visitor Information System. It must also align with the record-keeping practices for F-1 and M-1 visa holders as managed by the Secretary of Homeland Security.
504. Reporting certain research program participation Read Opens in new tab
Summary AI
The text outlines a requirement for the Secretary of State and the Secretary of Homeland Security to ensure that certain nonimmigrant participants, such as those on J-1, F-1, or M-1 visas, are reported in a federal system when they take part in research programs funded by the U.S. government. Additionally, both the Secretary of Homeland Security and the program sponsor or institution are required to notify the relevant Executive agency's program manager about this participation prior to its start and within 21 days of authorization.
505. Review and revocation of certain nonimmigrant visas Read Opens in new tab
Summary AI
The Secretary of Homeland Security has the power to review and potentially revoke certain nonimmigrant visas if there are concerns about the visa holder's intentions, the nature of their study, or national security risks, particularly if they are from China and studying advanced STEM fields. Program sponsors have a 30-day window to address such concerns before formal review, and there is a limited process for appealing these revocations which involves administrative review and can only be judicially reviewed in cases of removal orders.
506. Annual report Read Opens in new tab
Summary AI
The Secretary of Homeland Security is required to ensure that the Academic Institutions Subcommittee provides an annual report to specific Congressional committees. This report must include details on visa reviews, the number and nationality of alien students at U.S. institutions, their participation in research funded by the federal government, and any changes in their fields of study. Additionally, the report should include an appendix with feedback from program sponsors or institutions affected by visa actions.
511. Sensitive research project list Read Opens in new tab
Summary AI
The bill requires the Director of National Intelligence to keep a detailed list of sensitive research projects, specifying the funding agency, if students can participate, and connections to controlled technology lists. It also mandates regular reports to Congress about threats of espionage in universities, including proposed actions and an evaluation of existing security regulations.
512. Foreign student participation in sensitive research projects Read Opens in new tab
Summary AI
The section requires that starting one year after the law is enacted, foreign students wanting to join sensitive research projects must first provide proof of citizenship. Students from certain countries, including China, North Korea, Russia, Iran, and others identified by a funding agency, need additional approval from the Director of National Intelligence, which involves a background check, and sometimes from the project’s funding agency.
513. Foreign entities Read Opens in new tab
Summary AI
The section requires the Director of National Intelligence to identify and list foreign entities that might be spying on sensitive research projects, such as Huawei and ZTE, and share this list with educational and funding institutions. Additionally, research projects receiving government funding will be prohibited from using technology developed by these listed entities starting two years after the law is passed.
514. Enforcement Read Opens in new tab
Summary AI
The section outlines the enforcement actions a funding agency can take if someone in charge of a research project doesn't follow specific rules. These actions can include putting the project under a temporary probation, cutting funding, stopping funding completely, or any other action the agency thinks is suitable.
515. Definitions Read Opens in new tab
Summary AI
The section defines several terms used in a legislative context. It explains the meanings of "citizen of a country," "institution of higher education," "intelligence community," "qualified funding agency," "sensitive research project," and "student participation," detailing the specific conditions under which these definitions apply.
516. Disclosure of foreign gifts Read Opens in new tab
Summary AI
The section outlines requirements for colleges and universities to disclose financial gifts or contracts from foreign sources to the U.S. government. It mandates detailed reporting on the terms and parties involved, as well as restrictions on engaging in contracts with certain foreign entities without receiving a waiver.
Money References
- — “(1) AGGREGATE GIFTS AND CONTRACT DISCLOSURES.—An institution shall file a disclosure report in accordance with subsection (b)(1) with the Secretary on July 31 of the calendar year immediately following any calendar year in which— “(A) the institution receives a gift from, or enters into a contract with, a foreign source (other than a foreign country of concern or foreign entity of concern)— “(i) the value of which is $50,000 or more, considered alone or in combination with all other gifts from, or contracts with, that foreign source within the calendar year; or “(ii) the value of which is undetermined; or “(B) the institution receives a gift from a foreign country of concern or foreign entity of concern, or, upon receiving a waiver under section 117A to enter into a contract with such a country or entity, enters into such contract, without regard to the value of such gift or contract.
- — “(1) GIFTS AND CONTRACTS.—Each report to the Secretary required under subsection (a)(1) shall contain the following: “(A) With respect to a gift received from, or a contract entered into with, any foreign source— “(i) the terms of such gift or contract, including— “(I) the name of the individual, department, or benefactor at the institution receiving the gift or carrying out the contract; “(II) the intended purpose of such gift or contract, as provided to the institution by such foreign source, or if no such purpose is provided by such foreign source, the intended use of such gift or contract, as provided by the institution; and “(III) in the case of a restricted or conditional gift or contract, a description of the restrictions or conditions of such gift or contract; “(ii) with respect to a gift— “(I) the total fair market dollar amount or dollar value of the gift, as of the date of submission of such report; and; “(II) the date on which the institution received such gift; “(iii) with respect to a contract— “(I) the date on which such contract commences; “(II) as applicable, the date on which such contract terminates; and “(III) an assurance that the institution will— “(aa) maintain an unredacted copy of the contract until the latest of— “(AA) the date that is 5 years after the date on which the contract commences; “(BB) the date on which the contract terminates; or “(CC) the last day of any period that applicable State law requires a copy of such contract to be maintained; and “(bb) upon request of the Secretary during an investigation under subsection section 117D(a)(1), produce such an unredacted copy of the contract; and “(iv) an assurance that in a case in which information is required to be disclosed under this section with respect to a gift or contract that is not in English, such information is translated into English in compliance with the requirements of subsection (c)(1).
117. Disclosures of foreign gifts Read Opens in new tab
Summary AI
The section outlines the requirements for institutions to report gifts and contracts from foreign sources. It mandates detailed disclosures, including information on foreign control, translation of non-English documents, and public access to data, while protecting certain private information and ensuring data sharing with U.S. government agencies.
Money References
- (a) Disclosure reports.— (1) AGGREGATE GIFTS AND CONTRACT DISCLOSURES.—An institution shall file a disclosure report in accordance with subsection (b)(1) with the Secretary on July 31 of the calendar year immediately following any calendar year in which— (A) the institution receives a gift from, or enters into a contract with, a foreign source (other than a foreign country of concern or foreign entity of concern)— (i) the value of which is $50,000 or more, considered alone or in combination with all other gifts from, or contracts with, that foreign source within the calendar year; or (ii) the value of which is undetermined; or (B) the institution receives a gift from a foreign country of concern or foreign entity of concern, or, upon receiving a waiver under section 117A to enter into a contract with such a country or entity, enters into such contract, without regard to the value of such gift or contract.
- (b) Contents of report.— (1) GIFTS AND CONTRACTS.—Each report to the Secretary required under subsection (a)(1) shall contain the following: (A) With respect to a gift received from, or a contract entered into with, any foreign source— (i) the terms of such gift or contract, including— (I) the name of the individual, department, or benefactor at the institution receiving the gift or carrying out the contract; (II) the intended purpose of such gift or contract, as provided to the institution by such foreign source, or if no such purpose is provided by such foreign source, the intended use of such gift or contract, as provided by the institution; and (III) in the case of a restricted or conditional gift or contract, a description of the restrictions or conditions of such gift or contract; (ii) with respect to a gift— (I) the total fair market dollar amount or dollar value of the gift, as of the date of submission of such report; and; (II) the date on which the institution received such gift; (iii) with respect to a contract— (I) the date on which such contract commences; (II) as applicable, the date on which such contract terminates; and (III) an assurance that the institution will— (aa) maintain an unredacted copy of the contract until the latest of— (AA) the date that is 5 years after the date on which the contract commences; (BB) the date on which the contract terminates; or (CC) the last day of any period that applicable State law requires a copy of such contract to be maintained; and (bb) upon request of the Secretary during an investigation under subsection section 117D(a)(1), produce such an unredacted copy of the contract; and (iv) an assurance that in a case in which information is required to be disclosed under this section with respect to a gift or contract that is not in English, such information is translated into English in compliance with the requirements of subsection (c)(1). (B) With respect to a gift received from, or a contract entered into with, a foreign source that is a foreign government (other than the government of a foreign country of concern)— (i) the name of such foreign government; (ii) the department, agency, office, or division of such foreign government that approved such gift or contract, as applicable; and (iii) the physical mailing address of such department, agency, office, or division. (C) With respect to a gift received from, or contract entered into with, a foreign source (other than a foreign government subject to the requirements of subparagraph (B))— (i) the legal name of the foreign source, or, if such name is not available, a statement certified by the compliance officer in accordance with subsection (f)(2) that the institution has reasonably attempted to obtain such name; (ii) in the case of a foreign source that is a natural person, the country of citizenship of such person, or, if such country is not known, the principal country of residence of such person; (iii) in the case of a foreign source that is a legal entity, the country in which such entity is incorporated, or if such information is not available, the principal place of business of such entity; (iv) the physical mailing address of such foreign source, or if such address is not available, a statement certified by the compliance officer in accordance with subsection (f)(2) that the institution has reasonably attempted to obtain such address; and (v) any affiliation of the foreign source to an organization that is designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).
117A. Prohibition on contracts with certain foreign entities and countries Read Opens in new tab
Summary AI
Institutions are not allowed to make contracts with certain foreign countries or entities unless they get a special waiver by proving it benefits both their mission and U.S. interests. If they want a waiver, they must apply to the Secretary well in advance, and any contract with newly designated concerning foreign entities must be ended promptly. Institutions with existing contracts must take specific actions to get a temporary waiver or terminate the contract promptly.
521. Report on China benefitting from United States taxpayer-funded research Read Opens in new tab
Summary AI
The section requires the Attorney General, alongside various governmental leaders, to report on how China has gained from U.S. taxpayer-funded research, identifying U.S. entities involved with Chinese nationals, and detailing cooperation between U.S. and Chinese research programs, especially regarding areas like "civil-military fusion" and human rights implications. It defines this research as being funded or conducted through U.S. government financial support.
522. Conditions on Federal research grants Read Opens in new tab
Summary AI
Under SEC. 522, to get a Federal research grant in science, technology, engineering, or math, recipients must confirm they are not citizens of China or part of China’s foreign talent programs. They also must not hire anyone fitting that description for grant-funded work.
523. Protecting institutions, laboratories, and research institutes Read Opens in new tab
Summary AI
The bill section requires that any college, lab, or research institute receiving federal aid must agree not to hire individuals who are part of a foreign talent recruitment program from China. This rule is added to the existing Higher Education Act, emphasizing a specific list maintained by the Secretary of State.
524. Registration of participants in foreign talent recruitment programs of the People’s Republic of China as agents of the Government of the People’s Republic of China Read Opens in new tab
Summary AI
Any person in the U.S. linked to a Chinese foreign talent program, whether recruiting or being recruited, must register as an agent of the Chinese government within 30 days of either the law's enactment date or the day they entered the U.S., according to the Foreign Agents Registration Act.
525. Economic espionage Read Opens in new tab
Summary AI
The amendment to Section 1839(1) of title 18 of the U.S. Code adds "education" and "research" to the list of sectors relevant to economic espionage, and specifies that companies influenced by foreign governmental presence within their leadership are included in its scope.
526. Department of State list of foreign talent recruitment programs of the People’s Republic of China Read Opens in new tab
Summary AI
The Department of State is required to create and publish a list of programs that recruit foreign talent from the People’s Republic of China within 180 days of the Act being enacted. This list must be reviewed, updated, and republished at least once a year.
527. Definitions Read Opens in new tab
Summary AI
The section defines two terms: "foreign talent recruitment program of the People’s Republic of China," which refers to any organized effort by the Chinese government or Communist Party to hire people for science and technology work benefiting China, and "institution of higher education," which is defined by another law as a college or university.
528. Disclosure on certain visa applications Read Opens in new tab
Summary AI
This section of the bill requires that nonimmigrant students and exchange visitors in the U.S. report any funds they receive from the Chinese government or related entities by updating specific visa forms. The individuals must disclose these funds within 90 days of receiving them, and failing to do so could lead to the revocation of their visa; these requirements also apply to their spouses and minor children.
529. Review by committee on foreign investment in the United States of certain foreign gifts to and contracts with institutions of higher education Read Opens in new tab
Summary AI
The section outlines amendments to the Defense Production Act of 1950, focusing on the review of significant foreign gifts and contracts with U.S. universities by the Committee on Foreign Investment. It includes new regulations to identify these transactions, considers their impact on academic freedom, and mandates a pilot program to evaluate the burden on universities, with the Secretary of Education added to the committee for such cases.
Money References
- — (1) DEFINITION OF COVERED TRANSACTION.—Subsection (a)(4) of section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) is amended— (A) in subparagraph (A)— (i) in clause (i), by striking “; and” and inserting a semicolon; (ii) in clause (ii), by striking the period at the end and inserting “; and”; and (iii) by adding at the end the following: “(iii) any transaction described in subparagraph (B)(vi) proposed or pending after the date of the enactment of the China Strategic Competition Act of 2021.”; (B) in subparagraph (B), by adding at the end the following: “(vi) Any gift to an institution of higher education from a foreign person, or the entry into a contract by such an institution with a foreign person, if— “(I)(aa) the value of the gift or contract equals or exceeds $1,000,000; or “(bb) the institution receives, directly or indirectly, more than one gift from or enters into more than one contract, directly or indirectly, with the same foreign person for the same purpose the aggregate value of which, during the period of 2 consecutive calendar years, equals or exceeds $1,000,000; and “(II) the gift or contract— “(aa) relates to research, development, or production of critical technologies and provides the foreign person potential access to any material nonpublic technical information (as defined in subparagraph (D)(ii)) in the possession of the institution; or “(bb) is a restricted or conditional gift or contract (as defined in section 117(h) of the Higher Education Act of (20 U.S.C. 1011f(h))) that establishes control.
530. Disclosures of foreign gifts and contracts at institutions of higher education Read Opens in new tab
Summary AI
The section mandates that institutions of higher education must report any significant gifts or contracts they receive from foreign sources to the U.S. government. It includes detailed instructions on reporting requirements, penalties for noncompliance, and specific rules for agreements with entities like Confucius Institutes, aiming to ensure transparency and address potential conflicts of interest.
Money References
- — “(1) AGGREGATE GIFTS AND CONTRACT DISCLOSURES.—An institution shall file a disclosure report described in subsection (b) with the Secretary and the Secretary of the Treasury (in the capacity of the Secretary as the chairperson of the Committee on Foreign Investment in the United States under section 721(k)(3) of the Defense Production Act of 1950 (50 U.S.C. 4565(k)(3))) not later than March 31 immediately following any calendar year in which the institution receives a gift from, or enters into a contract with, a foreign source, the value of which is $50,000 or more, considered alone or in combination with all other gifts from, or contracts with, that foreign source within the calendar year.
- “(1)(A) In the case of an institution required to file a report under paragraph (1) or (2) of subsection (a)— “(i) for gifts received from or contracts entered into with a foreign government, the aggregate amount of such gifts and contracts received from each foreign government, including the content of each such contract; and “(ii) for gifts received from or contracts entered into with a foreign source other than a foreign government, the aggregate dollar amount of such gifts and contracts attributable to a particular country and the legal or formal name of the foreign source, and the content of each such contract. “(B) For purposes of this paragraph, the country to which a gift is attributable is— “(i) the country of citizenship, or if unknown, the principal residence, for a foreign source who is a natural person; or “(ii) the country of incorporation, or if unknown, the principal place of business, for a foreign source which is a legal entity.
- — “(1) IN GENERAL.—As a sanction for noncompliance with the requirements under this section, the Secretary may impose a fine on an institution that in any year knowingly or willfully violates this section, that is— “(A) in the case of a failure to disclose a gift or contract with a foreign source as required under this section or to comply with the requirements of subsection (b)(4), in an amount that is not less than $250 but not more than the amount of the gift or contract with the foreign source; or “(B) in the case of any violation of the requirements of subsection (a)(3), in an amount that is not more than 25 percent of the total amount of funding received by the institution under this Act. “
- — “(A) KNOWING AND WILLFUL FAILURES.—In addition to a fine for a violation in any year in accordance with paragraph (1) and subject to subsection (e)(2), the Secretary shall impose a fine on an institution that knowingly and willfully fails in 3 consecutive years to comply with the requirements of this section, that is— “(i) in the case of a failure to disclose a gift or contract with a foreign source as required under this section or to comply with the requirements of subsection (b)(4), in an amount that is not less than $100,000 but not more than twice the amount of the gift or contract with the foreign source; or “(ii) in the case of any violation of the requirements of subsection (a)(3), in an amount that is not more than 25 percent of the total amount of funding received by the institution under this Act. “
- (B) ADMINISTRATIVE FAILURES.—The Secretary shall impose a fine on an institution that fails to comply with the requirements of this section in 3 consecutive years, in an amount that is not less than $250 but not more than the amount of the gift or contract with the foreign source.
- “(b) Institutions.—An institution of higher education shall be subject to the requirements of this section if such institution— “(1) is an institution of higher education as defined under section 102; and “(2) had more than $5,000,000 in research and development expenditures in any of the previous five years.
- — “(1) IN GENERAL.—As a sanction for noncompliance with the requirements under this section, the Secretary may impose a fine on an institution that in any year knowingly or willfully violates this section, in an amount that is not less than $250 but not more than $1,000.
- , the Secretary shall impose a fine on an institution that knowingly, willfully, and repeatedly fails to comply with the requirements of this section in a second consecutive year in an amount that is not less than $1,000 but not more than $25,000.
- , the Secretary shall impose a fine on an institution that knowingly, willfully, and repeatedly fails to comply with the requirements of this section in a third consecutive year, or any consecutive year thereafter, in an amount that is not less than $25,000 but not more than $50,000.
- “(4) ADMINISTRATIVE FAILURES.—The Secretary shall impose a fine on an institution that fails in 3 consecutive years to comply with the requirements of this section in an amount that is not less than $250 but not more than $25,000.
117. Disclosures of foreign gifts and agreements Read Opens in new tab
Summary AI
The section outlines the requirements for institutions to report on significant gifts or contracts from foreign sources to the Secretary and the Secretary of the Treasury. This includes specifics on what must be disclosed, how reports can be shared or replaced by state or other federal reports, and the compliance measures and penalties for failing to meet these requirements.
Money References
- — (1) AGGREGATE GIFTS AND CONTRACT DISCLOSURES.—An institution shall file a disclosure report described in subsection (b) with the Secretary and the Secretary of the Treasury (in the capacity of the Secretary as the chairperson of the Committee on Foreign Investment in the United States under section 721(k)(3) of the Defense Production Act of 1950 (50 U.S.C. 4565(k)(3))) not later than March 31 immediately following any calendar year in which the institution receives a gift from, or enters into a contract with, a foreign source, the value of which is $50,000 or more, considered alone or in combination with all other gifts from, or contracts with, that foreign source within the calendar year. (2) DISCLOSURE OF CONTRACTS WITH UNDETERMINED MONETARY VALUE.—An institution shall file a disclosure report described in subsection (b) with the Secretary and the Secretary of the Treasury (in the capacity of the Secretary as the chairperson of the Committee on Foreign Investment in the United States under section 721(k)(3) of the Defense Production Act of 1950 (50 U.S.C. 4565(k)(3))) not later than March 31 immediately following any calendar year in which the institution enters into a contract with a foreign source that has an undetermined monetary value.
- (b) Contents of report.—Each report to the Secretary required by subsection (a) shall contain the following: (1)(A) In the case of an institution required to file a report under paragraph (1) or (2) of subsection (a)— (i) for gifts received from or contracts entered into with a foreign government, the aggregate amount of such gifts and contracts received from each foreign government, including the content of each such contract; and (ii) for gifts received from or contracts entered into with a foreign source other than a foreign government, the aggregate dollar amount of such gifts and contracts attributable to a particular country and the legal or formal name of the foreign source, and the content of each such contract.
- — (1) IN GENERAL.—As a sanction for noncompliance with the requirements under this section, the Secretary may impose a fine on an institution that in any year knowingly or willfully violates this section, that is— (A) in the case of a failure to disclose a gift or contract with a foreign source as required under this section or to comply with the requirements of subsection (b)(4), in an amount that is not less than $250 but not more than the amount of the gift or contract with the foreign source; or (B) in the case of any violation of the requirements of subsection (a)(3), in an amount that is not more than 25 percent of the total amount of funding received by the institution under this Act. (2) REPEATED FAILURES.
- — (A) KNOWING AND WILLFUL FAILURES.—In addition to a fine for a violation in any year in accordance with paragraph (1) and subject to subsection (e)(2), the Secretary shall impose a fine on an institution that knowingly and willfully fails in 3 consecutive years to comply with the requirements of this section, that is— (i) in the case of a failure to disclose a gift or contract with a foreign source as required under this section or to comply with the requirements of subsection (b)(4), in an amount that is not less than $100,000 but not more than twice the amount of the gift or contract with the foreign source; or (ii) in the case of any violation of the requirements of subsection (a)(3), in an amount that is not more than 25 percent of the total amount of funding received by the institution under this Act.
- (B) ADMINISTRATIVE FAILURES.—The Secretary shall impose a fine on an institution that fails to comply with the requirements of this section in 3 consecutive years, in an amount that is not less than $250 but not more than the amount of the gift or contract with the foreign source.
124. Institutional policy regarding foreign gifts and contracts to faculty and staff Read Opens in new tab
Summary AI
Institutions of higher education that spend more than $5 million on research and development must have policies requiring faculty and staff to report any gifts or contracts from foreign sources, maintain a searchable database of these disclosures for five years, and have plans to prevent foreign espionage. Institutions face fines for noncompliance, with increasing penalties for repeated violations, and continuous noncompliance requires them to submit a compliance plan.
Money References
- (a) Requirement To maintain policy and database.—Each institution of higher education described in subsection (b) shall— (1) maintain a policy requiring faculty, professional staff, and other staff engaged in research and development (as determined by the institution) employed at such institution to disclose to such institution any gifts received from, or contracts entered into with, a foreign source; (2) maintain a searchable database of information disclosed in paragraph (1) for the previous five years, except an institution shall not be required to include in the database gifts or contracts received or entered into before the date of enactment of the Securing America’s Future Act; and (3) maintain a plan to effectively identify and manage potential information gathering by foreign sources through espionage targeting faculty, professional staff, and other staff engaged in research and development (as determined by the institution) that may arise from gifts received from, or contracts entered into with, a foreign source, including through the use of periodic communications and enforcement of the policy described in paragraph (1). (b) Institutions.—An institution of higher education shall be subject to the requirements of this section if such institution— (1) is an institution of higher education as defined under section 102; and (2) had more than $5,000,000 in research and development expenditures in any of the previous five years.
- — (1) IN GENERAL.—As a sanction for noncompliance with the requirements under this section, the Secretary may impose a fine on an institution that in any year knowingly or willfully violates this section, in an amount that is not less than $250 but not more than $1,000.
- (2) SECOND FAILURE.—In addition to a fine for a violation in accordance with paragraph (1), the Secretary shall impose a fine on an institution that knowingly, willfully, and repeatedly fails to comply with the requirements of this section in a second consecutive year in an amount that is not less than $1,000 but not more than $25,000.
- , the Secretary shall impose a fine on an institution that knowingly, willfully, and repeatedly fails to comply with the requirements of this section in a third consecutive year, or any consecutive year thereafter, in an amount that is not less than $25,000 but not more than $50,000.
- (4) ADMINISTRATIVE FAILURES.—The Secretary shall impose a fine on an institution that fails in 3 consecutive years to comply with the requirements of this section in an amount that is not less than $250 but not more than $25,000.
531. Public database Read Opens in new tab
Summary AI
An interagency group led by the Director of National Intelligence will create and maintain a public database to help people and organizations in the U.S. conduct due diligence on potential partners in China. This database will provide information about any connections between Chinese entities and their military, intelligence, or security agencies.
532. Dump investments in troublesome communist holdings Read Opens in new tab
Summary AI
The section introduces the "Dump Investments in Troublesome Communist Holdings Act" (DITCH Act), which prohibits tax-exempt entities from investing in certain Chinese companies deemed disqualified, due to connections with the Chinese government. Organizations must report any such investments yearly, and the Secretary of the Treasury will maintain a list of allowed investments and may provide waivers in specific cases.
601. Supporting a free and democratic China Read Opens in new tab
Summary AI
The United States has a policy to promote a free and democratic China that respects human rights and civil liberties.
602. American institute in Taiwan Read Opens in new tab
Summary AI
The law states that the Director of the American Institute in Taiwan's Taipei office will need Senate approval and will be called "Representative" once the law is enacted.
603. Prohibitions against undermining United States policy regarding Taiwan Read Opens in new tab
Summary AI
Congress has found that China is trying to influence U.S. businesses and other groups to adopt its views concerning Taiwan, which threatens free speech. The bill suggests that the U.S. should not acknowledge China's claims over Taiwan without Taiwan's approval, treat Taiwan's elected government as legitimate, and develop a strategy to protect American businesses and entities from Chinese coercion and propaganda.
604. Negotiation of a free trade agreement with Taiwan Read Opens in new tab
Summary AI
The President is given the authority to negotiate and enter a free trade agreement with Taiwan, following specific guidelines referenced in a previous section and according to a provision from the Trade Act of 1974.
605. Introduction and fast track consideration of implementing bill Read Opens in new tab
Summary AI
The section explains how a bill to implement a trade agreement submitted by the President should be introduced in Congress and specifies what can be included in such a bill, such as necessary provisions related to labor and environmental standards. It also details amendments to the Fast Track procedures under the Trade Act of 1974 to include references to the Countering Communist China Act.
606. Strategy to address genocide in the Xinjiang Uyghur autonomous region Read Opens in new tab
Summary AI
The section requires the President to report to Congress within 60 days with a strategy to address genocide and atrocity crimes in the Xinjiang Uyghur Autonomous Region, including steps taken since the 2021 genocide determination and plans for holding responsible parties accountable, gaining international access, and protecting affected minorities. The report must be public, though it can include classified details, and it is to be submitted to specified congressional committees.
607. Sanctions with respect to individuals responsible for or complicit in forced sterilizations, forced abortions, or other sexual violence Read Opens in new tab
Summary AI
The section outlines U.S. policy to impose sanctions on foreign individuals or entities involved in forced sterilizations, abortions, or sexual violence in China's Xinjiang region. It allows for denial of entry to those enforcing such policies and mandates the Secretary of State to publicly announce sanctions and provide information to Congress when requested.
608. Limitations on funds made available for the United Nations population fund Read Opens in new tab
Summary AI
The section outlines restrictions on funding for the United Nations Population Fund (UNFPA), specifying that funds withheld due to legal provisions should be redirected to global health programs, and prohibiting the use of funds in China. It requires separate accounting for these funds by UNFPA, prohibits their use for abortions, and mandates annual reports to Congress on funds allocated for China, with corresponding deductions if funds are planned for use there.
Money References
- unless— “(1) UNFPA maintains funds made available to carry out this part in an account separate from other accounts of UNFPA and does not commingle such funds with other sums; and “(2) UNFPA does not fund abortions. “(d) Report to congress and dollar-for-Dollar withholding of funds.— “(1) IN GENERAL.—Not later than 4 months after the start of each fiscal year, the Secretary of State shall submit to the appropriate congressional committees a report indicating the amount of funds that UNFPA is budgeting for the year in which the report is submitted for a country program in the People’s Republic of China.
308. Limitations on funds made available for the United Nations population fund Read Opens in new tab
Summary AI
Funds for the United Nations Population Fund (UNFPA) that are not available due to legal reasons will be redirected to support global health programs, and none of these funds can be used in China or for abortions. The President must notify Congress of any fund transfers, and if UNFPA plans to use funds in China, an equivalent amount will be withheld from their budget.
Money References
- (d) Report to congress and dollar-for-Dollar withholding of funds.
609. Prohibition on use of funds for abortions and involuntary sterilizations Read Opens in new tab
Summary AI
This section amends the Foreign Assistance Act to prohibit the use of any funds from this Act or prior appropriations for organizations or programs involved in coercive abortion or involuntary sterilization.
610. Prohibition on certain funding relating to provision of an open platform for China Read Opens in new tab
Summary AI
The section prohibits the United States Agency for Global Media (USAGM) from using any funds to provide a platform for Chinese government or Communist Party representatives. Additionally, the USAGM must report to Congress within 180 days on whether it has done so in the past five years, and this report must be publicly accessible online.
611. Establishment of new Mandarin Chinese language platforms of the United States Agency for Global Media Read Opens in new tab
Summary AI
The bill section mandates that the United States Agency for Global Media (USAGM) create new media platforms in Mandarin Chinese, such as social media accounts and websites, to expose issues like corruption and human rights abuses by the Chinese Communist Party and promote concepts like democracy and human rights. It also requires the development of strategies to overcome China's internet censorship and firewall, enabling these messages to reach Chinese audiences.
612. Annual meetings of interparliamentary group between Congress and legislature of Taiwan Read Opens in new tab
Summary AI
The section establishes an annual interparliamentary group between the U.S. Congress and Taiwan's legislature to discuss mutual interests like deterring Chinese military aggression, improving security cooperation, and enhancing trade. It details the appointment of 6 members each from the House and Senate, with costs shared between them, and repeals a previous group with China.
613. Prohibition on importation of goods made in the Xinjiang Uyghur autonomous region Read Opens in new tab
Summary AI
This section of the bill prohibits the import of goods from the Xinjiang Uyghur Autonomous Region of China unless it can be proven, with clear and convincing evidence, that they were not made using forced or convict labor. The ban will take effect 120 days after the bill is enacted.
614. Designation and references to Taiwan representative office Read Opens in new tab
Summary AI
The United States intends to treat Taiwan as a de facto foreign country by providing it with diplomatic recognition similar to other nations, and plans to negotiate with Taiwan to change the name of the "Taipei Economic and Cultural Representative Office" in the U.S. to the "Taiwan Representative Office." If the name change occurs, all official U.S. references to the office will reflect the new name.
615. Deterring America’s technological adversaries Read Opens in new tab
Summary AI
The section outlines the "Deterring America’s Technological Adversaries Act," which sets forth concerns and actions related to foreign control over certain technology applications, especially from countries like China. It details findings by U.S. security officials about potential threats from apps such as TikTok and establishes restrictions, sanctions, and reporting requirements to prevent foreign interference and protect U.S. security interests.
616. Sanctioning supporters of Slave Labor Act Read Opens in new tab
Summary AI
The section titled the “Sanctioning Supporters of Slave Labor Act” introduces changes to the Uyghur Human Rights Policy Act of 2020. It requires the President to identify foreign individuals and entities that supply goods, services, or engage in significant transactions with those involved in human rights abuses in the Xinjiang Uyghur Autonomous Region, and these changes take effect immediately with their application to past and future reports.
617. Countering Atrocities Through Currency Accountability Act Read Opens in new tab
Summary AI
The Countering Atrocities Through Currency Accountability Act aims to prevent U.S. currency from supporting human rights abuses globally by implementing special measures for certain foreign financial institutions or transactions deemed a humanitarian concern. It outlines the responsibilities of U.S. financial institutions to ensure transparency in financial transactions, especially with regions like Xinjiang, China, and includes potential measures like increased recordkeeping and reporting to achieve these goals.
Money References
- (b) Findings.—Congress finds the following: (1) The United States dollar composes nearly two-thirds of the world’s currency reserves, with more than one trillion dollars being owned by the Government of China as of October 2020. (2) It is the policy of the United States to advance freedom and human rights globally, a policy that is incompatible with egregious human rights violations, and as such has a responsibility to ensure that the United States currency market does not complicitly support perpetrators of these abuses. (3) In regions of the world where political, governmental, or other realities preclude humanitarian due diligence practices from ensuring the currency market of the United States is not interwoven with entities’ egregious human rights violations, additional measures must be taken to separate the economy of the United States from these violations, as well as to apply pressure on relevant actors to uphold their humanitarian responsibilities.
- “(B) PRIVATE BANKING ACCOUNT.—The term ‘private banking account’ means an account (or any combination of accounts) that— “(i) requires a minimum aggregate deposit of funds or other assets of not less than $500,000; “(ii) is established on behalf of 1 or more individuals who have a direct or beneficial ownership interest in the account; and “(iii) is assigned to, or is administered or managed by, in whole or in part, an officer, employee, or agent of a financial institution acting as a liaison between the financial institution and the direct or beneficial owner of the account.
5318B. Special measures for jurisdictions, financial institutions, or international transactions of primary humanitarian concern Read Opens in new tab
Summary AI
The section outlines measures that the Secretary of the Treasury can require domestic financial institutions to take if certain jurisdictions, financial institutions, or transactions outside the United States are deemed to be of "primary humanitarian concern." It allows for actions like recordkeeping, reporting on specific transactions, obtaining information about beneficial ownership, and setting conditions on certain accounts to prevent human rights violations, with possible waivers for national security reasons.
Money References
- (B) PRIVATE BANKING ACCOUNT.—The term “private banking account” means an account (or any combination of accounts) that— (i) requires a minimum aggregate deposit of funds or other assets of not less than $500,000; (ii) is established on behalf of 1 or more individuals who have a direct or beneficial ownership interest in the account; and (iii) is assigned to, or is administered or managed by, in whole or in part, an officer, employee, or agent of a financial institution acting as a liaison between the financial institution and the direct or beneficial owner of the account.
701. Modification to use of emergency sanctions authorities regarding Communist Chinese military companies Read Opens in new tab
Summary AI
The section amends the Strom Thurmond National Defense Authorization Act to require the mandatory use of sanctions against certain Chinese military companies involved in specific sectors like 5G, AI, robotics, and biotechnology if they have connections with the Chinese Communist Party. It also extends the requirement to maintain a list of these companies until December 31, 2026.
702. Prohibition on use of funds to purchase goods or services from Communist Chinese military companies Read Opens in new tab
Summary AI
The section prohibits the use of certain federal funds to buy goods or services from companies linked to the Chinese military. This ban also applies to private entities and state or local governments that receive such funds through grants, and they must certify that they do not buy from these companies to continue receiving funds.
703. Enactment of Executive Order 13959 Read Opens in new tab
Summary AI
The enactment of Executive Order 13959 from November 12, 2020, which deals with preventing investments in Chinese military companies, is incorporated into law as it was on January 14, 2021. Additionally, when publishing this Act, an appendix with the order's text will be added by the Archivist of the United States.
704. Inclusion of certain Chinese entities on the Annex to Executive Order 13959 Read Opens in new tab
Summary AI
Certain Chinese entities must be included in an official U.S. list based on a previous Executive Order if they are based in China and appear on a specific export control list. This includes guidelines known as the Export Administration Regulations.
705. Arms exports to India Read Opens in new tab
Summary AI
The section updates the Arms Export Control Act to include India alongside New Zealand and Israel, allowing India to be eligible for arms exports and sales under various sections. It also ensures that reports about military exports involving India are sent to Congress, aligning India with the legislative reviews applicable to New Zealand and Israel.
801. Imposition of sanctions related to the theft of intellectual property Read Opens in new tab
Summary AI
The President is required to impose sanctions on individuals or entities involved in the significant theft of intellectual property from the United States in the Chinese economy sector. These sanctions include blocking assets, denying visas, and revoking current visas, with some exceptions, and the President can waive or terminate sanctions based on certain conditions, including national security interests and certification that theft has ceased.
802. Prohibition on use of funds Read Opens in new tab
Summary AI
The section prohibits the use of funds provided to the United States Trade Representative for supporting or approving any efforts, including those proposed by India and South Africa, to waive certain intellectual property rights at the World Trade Organization, particularly related to the prevention and treatment of COVID-19.
803. Prohibition on individuals with security clearances from being employed by certain entities Read Opens in new tab
Summary AI
The section outlines a rule that people with security clearances cannot work for or get money from certain companies while they have that clearance or for five years after it ends. These companies are listed because they might be linked to governments like China or Russia, and the list can change based on certain government decisions. Breaking this rule could lead to fines or imprisonment.
804. Restriction on issuance of visas Read Opens in new tab
Summary AI
The section prohibits the issuance of visas to certain high-ranking officials from China, their families, and specific military members unless the U.S. intelligence community confirms that China has stopped infringing on U.S. intellectual property rights.
805. Inter partes review Read Opens in new tab
Summary AI
The section outlines changes to the rules for inter partes review, a process used to challenge the validity of a patent at the United States Patent and Trademark Office. These amendments address claim construction, standards of proof, who can file for review, limitations on multiple reviews, and the precedence of federal court decisions on patent validity over these reviews.
806. Post-grant review Read Opens in new tab
Summary AI
The section outlines changes to how post-grant reviews of patents are conducted, including rules about how patent claims should be understood, who can challenge them, and the burden of proof required. It also clarifies when a post-grant review is allowed, emphasizes avoiding repetitive challenges, defines who counts as a real party in interest, and prioritizes federal court decisions on patent validity over post-grant reviews.
807. Composition of post-grant review and inter partes review panels Read Opens in new tab
Summary AI
Section 807 updates the rules for the panels that review patent appeals and certain proceedings, requiring each to be heard by at least three members of the Patent Trial and Appeal Board. The rule also states that any board member who helped start a review can't hear it, and only the board can allow a rehearing.
808. Reexamination of patents Read Opens in new tab
Summary AI
The section amends the rules for requesting a reexamination of a patent. It allows anyone to request a reexamination based on prior art, requires a fee, and mandates that the request must certify that reexamination is not prohibited. Additionally, it prohibits reexamination requests if they are filed more than one year after a lawsuit alleging patent infringement has been served.
302. Request for reexamination Read Opens in new tab
Summary AI
Any person can request the reexamination of a patent at any time by submitting a written request with a fee, identifying all parties involved, and confirming that reexamination isn't prohibited. The request must explain how prior art relates to the patent claims, and if the requester isn't the patent owner, the owner will be notified.
809. Restoration of patents as property rights Read Opens in new tab
Summary AI
The proposed amendment to Section 283 of title 35 of the United States Code introduces a presumption in court cases involving patent infringements, suggesting that if a patent is infringed and not proven invalid, the court will assume further infringement would cause harm that can't be easily fixed by money alone. This change aims to strengthen the protection of patent rights by making it easier for courts to issue injunctions against continue patent violations.
810. Inventor protections Read Opens in new tab
Summary AI
The section outlines protections for inventors, stating that the United States Patent and Trademark Office cannot challenge the validity of a patent without the inventor's consent. It also specifies the choice of legal venue for patent-related cases, allowing lawsuits in various locations linked to the involved parties and activities associated with the patent.
330. Inventor protections Read Opens in new tab
Summary AI
The section discusses protections for inventors, stating that the United States Patent and Trademark Office cannot question the validity of a patent owned by an inventor without their permission. It also outlines rules for where lawsuits involving inventor-owned patents can be filed, offering several location options, including where the invention was developed or where specific business activities took place.
811. Registration of agent Read Opens in new tab
Summary AI
The section outlines the requirement for certain businesses with ties to China to register an agent for service of process with the U.S. Department of Commerce. This registered agent must be available during business hours for legal matters and the entity must consent to the legal jurisdiction where the agent is located.
5002. Registration of an agent for the service of process on covered entities Read Opens in new tab
Summary AI
Covered entities doing business in the U.S. that are linked to Chinese governmental or military organizations must register an agent with the Department of Commerce to accept legal documents. The registration, which must be updated within 30 days of certain changes, includes specific details like the names of the entity and agent, contact information, and is displayed in a public database. This action also means the entity agrees to U.S. court jurisdiction.
812. Exception to sovereign immunity Read Opens in new tab
Summary AI
Section 812 amends a part of U.S. law to add an exception for the People’s Republic of China, specifying that Chinese-owned entities are not covered under the definition of a "foreign state" for certain legal purposes.
813. Redress of theft of trade secrets extraterritorially Read Opens in new tab
Summary AI
Section 813 amends a law to make it clear that the United States can take legal action against the theft of trade secrets that happens outside the country if it impacts U.S. commerce, even if the offender is not an American citizen or a U.S.-based organization.
814. Restriction on Federal grants and other forms of assistance Read Opens in new tab
Summary AI
The section prohibits any U.S. Federal department or agency from providing financial assistance to businesses unless they agree not to collaborate with Chinese entities or expand their business operations in China. If a business violates this agreement, it must repay the assistance and will no longer qualify for future aid. Additionally, the Treasury Secretary must report to Congress annually on investments by such businesses in China.
815. Restriction on National Science Foundation grants and other forms of assistance to Communist Chinese military companies and their affiliates Read Opens in new tab
Summary AI
The section prohibits the Director of the National Science Foundation from giving grants or assistance to any person or organization linked to companies on certain government lists associated with the Chinese military, including through research partnerships or contracts. The section also defines "Export Administration Regulations" as specified rules in the Code of Federal Regulations.
816. Expanding inadmissibility on security and related grounds Read Opens in new tab
Summary AI
This section amends the Immigration and Nationality Act to broaden the reasons why a person may be deemed inadmissible to the United States. It includes expanded grounds for inadmissibility, such as engaging in espionage, exporting restricted items, intending to participate in unlawful activities, or being related to someone who has recently committed such acts, while also updating waiver provisions for these cases.
901. Opposition of the United States to an increase in the weight of the Chinese renminbi in the special drawing rights basket of the International Monetary Fund Read Opens in new tab
Summary AI
The section mandates that the U.S. representatives at the International Monetary Fund must oppose any increase in the importance of China's currency, the renminbi, in the IMF's currency basket, unless specific conditions are met. These conditions include China complying with international currency agreements, not being found guilty of currency manipulation, ensuring the renminbi can be freely used, and adhering to certain international financial guidelines.
902. Sunset Read Opens in new tab
Summary AI
Section 902 states that Section 901 will stop being effective 10 years after the law is enacted.
903. Strengthening congressional oversight of special drawing rights at the IMF Read Opens in new tab
Summary AI
The proposed changes to the Special Drawing Rights Act aim to strengthen congressional oversight by extending the evaluation period to any 10-year span, ensuring that any allocation of special drawing rights requires increased scrutiny and communication with key congressional committees. Moreover, the amendments increase the necessary consultation period from 90 to 180 days and involve both the chair and ranking minority members of relevant subcommittees in the decision-making process.
904. Prohibition on allocations for perpetrators of genocide and state sponsors of terrorism without congressional authorization Read Opens in new tab
Summary AI
The amendment to the Special Drawing Rights Act prohibits the U.S. President and any agency from voting to allocate Special Drawing Rights to countries that, within the past ten years, have been found guilty of committing genocide or repeatedly supporting international terrorism, unless Congress specifically authorizes it.
905. Opposition to quota increase for countries that undermine IMF principles Read Opens in new tab
Summary AI
The section outlines conditions under which the U.S. Secretary of the Treasury must report on a foreign member's eligibility before considering an increase in their International Monetary Fund (IMF) quota. If the member does not meet specific criteria or has interfered in a U.S. election, the U.S. must oppose the increase. However, the President can waive objections if it's in the national interest or if the member is trying to fix their shortcomings, but not if there's election interference. This rule expires 10 years after enactment.
75. Opposition to quota increase for countries that undermine fund principles Read Opens in new tab
Summary AI
The section outlines conditions under which the U.S. will oppose increasing the financial quota of certain countries in the International Monetary Fund if they fail to comply with specific criteria, like not manipulating currency or adhering to international financial principles. It allows for a waiver if it's in the national interest, but prohibits support if there's been interference in U.S. elections, and it is effective for ten years after enactment.
906. Opposition of the United States to International Monetary Fund loan to a country whose public debt is not likely to be sustainable in the medium term Read Opens in new tab
Summary AI
The section outlines that the United States will oppose any International Monetary Fund (IMF) loans to countries if their public debt is unlikely to be sustainable in the medium term. However, the Secretary of the Treasury can waive this opposition if it is considered important for the national interest and provides written justification to specified congressional committees. This provision is set to expire 10 years after its enactment.
907. Congressional notification with respect to exceptional access lending Read Opens in new tab
Summary AI
The section outlines that the United States Executive Director at the International Monetary Fund (IMF) cannot support changes to the criteria for exceptional access lending that would allow ineligible countries to receive such loans, unless a detailed report is submitted to specific Congressional committees at least 15 days in advance. It also states that the President can shorten this notice period to 7 days if it's important for the national interest, and this rule will expire 10 years after the law is enacted.
76. Congressional notification with respect to exceptional access lending Read Opens in new tab
Summary AI
The section states that the U.S. Executive Director at the International Monetary Fund cannot support changes to the criteria for exceptional access lending if it makes an ineligible country eligible unless the U.S. Treasury informs Congress 15 days prior. The President can shorten this notice period to 7 days if it's important for national interests, explaining the reasons for doing so.
908. Condition on IMF quota increase for the People’s Republic of China Read Opens in new tab
Summary AI
The section outlines conditions under which the U.S. will oppose increasing China's quota in the International Monetary Fund (IMF) unless Taiwan is either considered for membership or is allowed meaningful participation. The Secretary of the Treasury has the authority to waive these conditions if it promotes fair treatment of Taiwan, and these provisions expire seven years after the law is enacted.
909. Ensuring non-discrimination with respect to travel policies at the international financial institutions Read Opens in new tab
Summary AI
The section requires the U.S. Secretary of the Treasury to ensure that international financial institutions do not discriminate against Taiwan in their travel policies compared to other member countries, unless needed for safety or health reasons. The Secretary can waive this requirement temporarily, and a progress report must be submitted to Congress annually. The section will no longer be in effect after seven years or once all institutions comply.
910. Testimony requirement Read Opens in new tab
Summary AI
The section requires the Secretary of the Treasury to include, in their annual testimony for the next seven years, a report on how the United States is working to ensure Taiwan's significant participation in international financial institutions.
911. Statement of United States policy regarding the dollar Read Opens in new tab
Summary AI
The United States policy is to maintain the dollar as the main global reserve currency by supporting open financial markets, improving payment systems, ensuring sound economic governance, and setting clear goals for financial restrictions related to national security.
Money References
- SEC. 911. Statement of United States policy regarding the dollar.
- It is the policy of the United States to facilitate the position of the dollar as the primary global reserve currency, including through vigorous support of— (1) deep, open, and transparent financial markets; (2) continuous improvements to domestic and international payment methods that facilitate dollar transactions; (3) sound macroeconomic governance and a rules-based system of international trade; and (4) clear and realistic objectives in the deployment of financial restrictions arising from national security considerations. ---
912. Report on dollar strategy Read Opens in new tab
Summary AI
The section requires the Secretary of the Treasury to develop a strategy related to the dollar's policy and report on it to Congress. The report will cover the strategy's details, legislative suggestions, and developments in digital currencies, particularly those in China, along with a yearly update and an analysis of the renminbi's role in global finance.
Money References
- SEC. 912. Report on dollar strategy.
913. Sunset Read Opens in new tab
Summary AI
Section 913 states that Section 912 will no longer be valid or in effect seven years after the Act is enacted.
1001. Rescission of certain federal funds appropriated for State, city, local, and Tribal governments Read Opens in new tab
Summary AI
The section states that any remaining federal funds that were supposed to be designated for state, city, local, and Tribal governments under certain parts of the Social Security Act are now officially canceled and will not be available for use.
1101. Authorization to hire additional staff for the office of foreign asset control of the Department of the Treasury Read Opens in new tab
Summary AI
The Secretary of the Treasury has the authority to hire 10 more full-time employees for the Office of Foreign Assets Control to help with work related to China.
1102. Authorization to hire additional staff for the office of customs and border protection force labor activities Read Opens in new tab
Summary AI
The Director of the Office of Trade is allowed to hire 28 more full-time employees to help enforce a specific section of the Tariff Act of 1930 related to forced labor.
1103. Authorization for the Department of Justice’s China Initiative Read Opens in new tab
Summary AI
The section mandates the Attorney General to set up a "China Initiative" led by the Assistant Attorney General for National Security within 90 days to address security threats from China. Additionally, it authorizes hiring 10 new full-time staff to support this initiative.
1201. Imports prohibition Read Opens in new tab
Summary AI
The section explains that the President is required to ban the import of goods from Chinese companies that make fentanyl precursors. However, the President can allow imports from specific companies if they are actively helping the U.S. to stop and find fentanyl precursor shipments aimed at drug cartels.
1202. Stop CCP fentanyl Read Opens in new tab
Summary AI
The “Stop CCP Fentanyl Act” mandates sanctions against key Chinese officials and entities 120 days after the bill's enactment unless China significantly curtails fentanyl production and export to the U.S.; it also allows for legal action by affected U.S. citizens against Chinese officials for damages using seized assets of those officials.
1301. Securing America’s critical minerals supply Read Opens in new tab
Summary AI
The text outlines amendments to the Department of Energy Organization Act, emphasizing the need to secure the United States' supply of critical energy resources. It tasks the Secretary of Energy with evaluating the vulnerability of supply chains, fostering strategies to enhance domestic production, developing alternatives, and recycling technologies, and requires an annual report to Congress on these efforts.
1302. Interim hazardous waste permits for critical energy resource facilities Read Opens in new tab
Summary AI
The section amends the Solid Waste Disposal Act to include provisions for interim hazardous waste permits specifically for critical energy resource facilities. It defines a "critical energy resource" as an essential energy resource vulnerable to supply chain disruptions and a "critical energy resource facility" as a place that processes or refines such a resource.
1303. National security or energy security waivers to produce critical energy resources Read Opens in new tab
Summary AI
The section outlines that the Administrator of the Environmental Protection Agency can issue temporary waivers on environmental regulations for critical energy resources if needed to address national or energy security concerns, ensuring minimal environmental impact and legal compliance. These waivers last up to 90 days but can be renewed if necessary, and any actions taken under these waivers will not be considered violations of other environmental laws.
3025. Waivers for critical energy resource facilities Read Opens in new tab
Summary AI
The section outlines that when there is a critical need for certain energy resources, an Administrator can issue temporary waivers that allow facilities to process or refine these resources, potentially bypassing usual environmental regulations. These waivers last up to 90 days, can be renewed, and are meant to support national security while minimizing environmental impact.
1304. Ensuring consideration of uranium as a critical mineral Read Opens in new tab
Summary AI
The bill mandates updating the list of critical minerals to include uranium, requiring a report on uranium deposits and their status within 180 days. Additionally, it prohibits the use of federal funds to buy electric vehicles or parts from specified Chinese companies, and every 120 days, an ongoing review will determine if any new companies should be added to a list of Chinese military-related businesses.
1401. Short title Read Opens in new tab
Summary AI
The section states that the joint resolution can be referred to as the “Compact of Free Association Amendments Act of 2024.”
1402. Findings Read Opens in new tab
Summary AI
Congress finds that the United States has met its responsibilities to help the Trust Territory of the Pacific Islands move towards self-governance. The U.S. has entered into several international agreements with the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau to maintain strong ties and partnerships, with recent updates to these agreements made in 2023.
1403. Definitions Read Opens in new tab
Summary AI
This section of a congressional bill provides definitions for key terms related to agreements between the United States and several Pacific Island nations, like the Federated States of Micronesia and the Republic of the Marshall Islands. It defines various compacts, amendments, and related agreements that outline cooperative relationships between these nations and the U.S., including economic assistance procedures and trust fund agreements.
1404. Approval of 2023 Agreement to Amend the U.S.-FSM Compact, 2023 Agreement to Amend the U.S.-RMI Compact, 2023 U.S.-Palau Compact Review Agreement, and subsidiary agreements Read Opens in new tab
Summary AI
The section details the approval and authorization of various agreements to amend compacts between the United States and the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. It outlines that any future changes to these agreements must be incorporated into an Act of Congress or be reviewed by Congress before taking effect.
1405. Agreements with Federated States of Micronesia Read Opens in new tab
Summary AI
The United States has agreements with the Federated States of Micronesia (FSM) to provide law enforcement assistance, including training and equipment for dealing with drugs and contraband. These agreements also allow for the appointment of U.S. representatives to committees that manage economic and trust fund matters related to FSM, with specific qualifications and terms for these appointees, and require detailed reporting to Congress on different aspects of these agreements.
1406. Agreements with and other provisions related to the Republic of the Marshall Islands Read Opens in new tab
Summary AI
The section outlines various agreements and responsibilities between the United States and the Republic of the Marshall Islands, including law enforcement assistance, handling of claims related to historical nuclear testing, appointments to joint committees, healthcare, agricultural, and food programs. It affirms existing provisions, provides guidelines for the appointment and qualifications of U.S. members to certain committees, and highlights ongoing support for radiological and other health care services.
1407. Agreements with and other provisions related to the Republic of Palau Read Opens in new tab
Summary AI
The section outlines agreements and responsibilities related to the Republic of Palau, including the participation of U.S. officials in economic consultations and the formation of an Economic Advisory Group. It details funding provisions for the Advisory Group and requires the Secretary of the Interior to submit reports to Congress regarding updates from the Advisory Group and the Government of Palau, ensuring timely and accurate communication.
1408. Oversight provisions Read Opens in new tab
Summary AI
The section outlines the oversight roles and responsibilities related to various agreements with the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. It establishes the authority of several U.S. officials, such as the Comptroller General, the Secretary of the Interior, and the Postmaster General, to manage and monitor funds and policies, also setting up an Interagency Group to coordinate U.S. policies and programs relating to these countries.
1409. United States policy regarding the Freely Associated States Read Opens in new tab
Summary AI
The proposed legislation authorizes various measures to support the Freely Associated States, which include the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. It includes provisions for veterans' healthcare and travel benefits, education and grant programs, assistance from the Department of Defense, judicial training, and interaction with international financial institutions, ensuring these regions receive continued support in various sectors.
Money References
- (4) TECHNICAL AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended— (A) by striking subparagraph (A) of section 1121(b)(1) (20 U.S.C. 6331(b)(1)) and inserting the following: “(A) first reserve $1,000,000 for the Republic of Palau, subject to such terms and conditions as the Secretary may establish, except that Public Law 95–134, permitting the consolidation of grants, shall not apply; and”; and (B) in section 8101 (20 U.S.C. 7801), by amending paragraph (36) to read as follows: “(36) OUTLYING AREA.—The term ‘outlying area’— “(A) means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands; and “(B) for the purpose of any discretionary grant program under this Act, includes the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau, to the extent that any such grant program continues to be available to State and local governments in the United States.”. (5) TECHNICAL AMENDMENT TO THE COMPACT OF FREE ASSOCIATION AMENDMENTS ACT OF 2003.—Section 105(f)(1)(B) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is amended by striking clause (ix).
1410. Additional authorities Read Opens in new tab
Summary AI
The section authorizes direct funding to U.S. agencies for agreements with Micronesia, the Marshall Islands, and Palau, and clarifies that certain funds will not affect other financial commitments. It also outlines grant funding, remaining balances allocations, and applicable laws, with a focus on maintaining the underlying agreements and procedures.
1411. Compact appropriations Read Opens in new tab
Summary AI
For the fiscal years 2024 to 2043, the bill allocates funds to support activities of the Department of the Interior related to the Compact of Free Association agreements with Micronesia, the Marshall Islands, and Palau, covers costs for the U.S. Postal Service under these agreements, and provides funding for judicial training. It also stipulates adjustments to previously allocated funds for Micronesia and the Marshall Islands.
Money References
- — (1) APPROPRIATION.—There is appropriated to the United States Postal Service, out of any funds in the Treasury not otherwise appropriated for each of fiscal years 2024 through 2043, $31,700,000, to remain available until expended, to carry out the costs of the following provisions that are not otherwise funded: (A) Section 221(a)(2) of the 2023 Amended U.S.-FSM Compact. (B) Section 221(a)(2) of the 2023 Amended U.S.-RMI Compact. (C) Section 221(a)(2) of the U.S.-Palau Compact. (D) Article 6(a) of the 2023 U.S.-Palau Compact Review Agreement. (2) DEPOSIT.
- (c) Funding for judicial training.—There is appropriated to the Secretary of the Interior to carry out section 1409(d) out of any funds in the Treasury not otherwise appropriated, $550,000 for each of fiscal years 2024 through 2043, to remain available until expended.
1412. Rescission of Inflation Reduction Act funds Read Opens in new tab
Summary AI
The section describes the permanent removal of unused funds allocated by certain parts of the Inflation Reduction Act, specifically referencing Sections 50131, 50144, 60114, and 60501 of Public Law 117–169.
1501. Countering the evasion of export controls Read Opens in new tab
Summary AI
The section amends a previous law to include a definition for "export control evasion risk," which refers to certain foreign entities restricted due to U.S. arms embargoes. It also outlines licensing policies that apply these restrictions to entities related to or acting on behalf of those deemed an export control evasion risk.
1502. Technology Control Operating Committee decision making Read Opens in new tab
Summary AI
Licensing decisions by the Technology Control Operating Committee are made by four agencies, each with one vote. A majority vote is needed to approve a license, but in the case of a tie, the license is denied. If an agency wishes to overturn an approved license decision, it may be escalated to the Advisory Committee on Export Policy. All voting results are reported every 30 days to the House Foreign Affairs Committee and the Senate Banking Committee.
1503. Report relating to identification and control of emerging and foundational technologies Read Opens in new tab
Summary AI
The section amends a part of the Export Control Reform Act of 2018 to require the Secretary of certain federal departments to periodically report to Congress on efforts to identify and manage new technologies. Each report is to describe the methods used, any improvements needed, and the impact of potential technology controls, and it is to be delivered in an unclassified form with possible classified sections.
1504. Transfer of Bureau of Industry and Security to the Department of State Read Opens in new tab
Summary AI
The section describes the transfer of the Bureau of Industry and Security to the Department of State. It abolishes the Bureau and moves all its functions, assets, and responsibilities to the Secretary of State.
1505. Short title Read Opens in new tab
Summary AI
The section provides the short title for the legislation, specifying that it can be referred to as the “Telling Everyone the Location of data Leaving the U.S. Act” or simply the “TELL Act”.
1506. Country disclosure requirements Read Opens in new tab
Summary AI
Any person who has a website or mobile app that stores user information in China must tell users where their data is kept and if the Chinese government can access it. It's illegal for them to provide false information about these disclosures.
1507. Enforcement Read Opens in new tab
Summary AI
A violation of this Act is considered an unfair or deceptive act, enforceable by the Federal Trade Commission (FTC) using its existing powers and procedures. Those who break the law are subject to penalties and entitled to the same rights as outlined in the FTC Act.
1601. Report on license applications and other requests for authorization for the export, reexport, and in-country transfer of items controlled under part I of the Export Control Reform Act of 2018 to listed entities that threaten United States national security and foreign policy interests Read Opens in new tab
Summary AI
The section amends the Export Control Reform Act of 2018 to require the Secretary of Commerce, along with other federal agencies, to regularly report to Congress every 90 days about license applications for exporting, reexporting, and transferring controlled items to entities that pose a threat to U.S. national security. These reports must include detailed information about each application, such as the involved parties, item descriptions, compliance checks, and aggregate statistics about all requests.
1601. Designation on entity list of entities identified on the Department of Defense’s Chinese Communist Party military list Read Opens in new tab
Summary AI
The section requires the Secretary of Commerce to add certain entities, identified by the Department of Defense as linked to the Chinese Communist Party's military, to a specific list known as the Entity List. These entities must get a special export license under a policy that generally assumes requests will be denied.
1701. Scrutiny of visas for Chinese Communist Party members Read Opens in new tab
Summary AI
SEC. 1701 imposes stricter visa regulations for members of the Chinese Communist Party by making them inadmissible to the United States and prohibiting the issuance of certain types of visas to them. Additionally, it requires visa extensions to be denied for such individuals, mandates visa cancellation if they are found to have a nonimmigrant visa, and restricts their sole remedy to reapplying for a visa.
1702. Limitation on eligibility for investor visas Read Opens in new tab
Summary AI
The bill section limits investor visas for citizens or nationals of countries considered "countries of concern," as defined by U.S. law. It amends existing immigration law to ensure these individuals are ineligible for certain visa programs.
1801. Onshore oil and gas leasing Read Opens in new tab
Summary AI
The bill mandates that the Secretary of the Interior must immediately resume quarterly sales of oil and gas leases on onshore lands, complying with the Mineral Leasing Act and the National Environmental Policy Act. It also requires that a minimum of four leasing sales be held each fiscal year in specified states, and if a sale is canceled or underbid, a replacement sale must occur within the year, with reports provided on any sales that are missed.
1802. Lease reinstatement Read Opens in new tab
Summary AI
The reinstatement of a lease under the Mineral Leasing Act or the Geothermal Steam Act by the Secretary is not considered a significant federal action that would require an environmental analysis under the National Environmental Policy Act.
1803. Protested lease sales Read Opens in new tab
Summary AI
The section amends the Mineral Leasing Act by requiring the Secretary to resolve any objections to a lease sale within 60 days after the payment is made for the first year of the lease.
1804. Suspension of operations Read Opens in new tab
Summary AI
In this section, the law is changed to allow oil and gas lease owners to request a temporary pause in operations if they are interested in nearby land that hasn't been offered for lease yet. This pause can be granted by the Secretary of the Interior, during which any payments and the lease term will be put on hold.
1805. Administrative protest process reform Read Opens in new tab
Summary AI
The section amends the Mineral Leasing Act to require a filing fee for processing protests. The fee is $150 for submissions up to 10 pages, plus $5 for each additional page, and $10 for each extra lease parcel, right-of-way, or permit application. Starting in 2025, fees will be adjusted annually based on inflation and announced in advance.
Money References
- “(2) AMOUNT.—The amount described in this paragraph is calculated as follows: “(A) For each protest filed in a submission not exceeding 10 pages in length, the base filing fee shall be $150. “(B) For each submission exceeding 10 pages in length, in addition to the base filing fee, an assessment of $5 per page in excess of 10 pages shall apply.
- “(C) For protests that include more than one oil and gas lease parcel, right-of-way, or application for permit to drill in a submission, an additional assessment of $10 per additional lease parcel, right-of-way, or application for permit to drill shall apply.
- “(3) ADJUSTMENT.— “(A) IN GENERAL.—Beginning on January 1, 2025, and annually thereafter, the Secretary shall adjust the filing fees established in this subsection to whole dollar amounts to reflect changes in the Producer Price Index, as published by the Bureau of Labor Statistics, for the previous 12 months.
1806. Leasing and permitting transparency Read Opens in new tab
Summary AI
The section requires the Secretary of the Interior to submit annual reports to certain congressional committees detailing the status of oil, gas, and geothermal leasing and permitting processes, including delays and plans to improve them. It also mandates publishing relevant data on the Department of the Interior's website and specifies a timeline for submitting related documents and communications to Congress.
1807. Offshore oil and gas leasing Read Opens in new tab
Summary AI
The section outlines that the Secretary of the Interior must conduct specific oil and gas lease sales in line with the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Program. This includes annual sales in the Gulf of Mexico and Alaska regions starting in fiscal year 2024, ensuring all available areas not under moratorium are included in the lease sales.
1808. Five-year plan for offshore oil and gas leasing Read Opens in new tab
Summary AI
The section of the bill requires that the Secretary of the Interior create a new five-year plan for oil and gas leasing in the Gulf of Mexico, starting from 2023 to 2028, with at least two lease sales each year. It also mandates that future leasing programs be prepared continuously, ensuring that each new program is approved before the previous one expires.
1809. Geothermal leasing Read Opens in new tab
Summary AI
The amendments to the Geothermal Steam Act of 1970 require annual lease sales for geothermal resources and mandate the Secretary of the Interior to conduct replacement sales if initial sales are canceled or delayed. Additionally, it sets deadlines for the processing of geothermal drilling permits, requiring the Secretary to notify applicants within 30 days if their application is complete and to issue a final decision within 30 days thereafter.
1810. Leasing for certain qualified coal applications Read Opens in new tab
Summary AI
The section establishes the requirements for coal leasing under the Bureau of Land Management, outlining the definition of terms like "coal lease" and "qualified application." It mandates the Secretary to promptly handle environmental assessments, determine the fair market value, take necessary actions, and issue approvals for pending and existing coal lease applications to facilitate mining operations.
1811. Future coal leasing Read Opens in new tab
Summary AI
The section states that Secretarial Order 3338, which was issued by the Secretary of the Interior on January 15, 2016, is nullified and has no effect, regardless of any legal decisions or reviews related to the federal coal leasing program.
1812. Staff planning report Read Opens in new tab
Summary AI
The section requires the Secretary of the Interior and the Secretary of Agriculture to report annually to Congress on their staffing levels and needs for processing and issuing various leases and permits related to energy and resources. The report must detail the number of staff assigned, how many are needed to meet legal requirements, and plans to address any staffing shortages.
1813. Effect on other law Read Opens in new tab
Summary AI
The section states that the Act, along with any changes it makes, will not alter existing Presidential memorandums that prevent certain areas of the U.S. Outer Continental Shelf and the Atlantic Coast from being leased, nor will it change the ban on oil and gas development in the Great Lakes as described in the Energy Policy Act of 2005.
201. Definitions Read Opens in new tab
Summary AI
The text provides definitions for terms related to energy and land management in this section of the bill. It explains what constitutes an "energy facility," lists equipment classified as "energy storage devices," and specifies what qualifies as "public lands" and a "right-of-way." It also defines the roles of certain secretaries in land management and describes what constitutes a "land use plan."
202. Builder Act Read Opens in new tab
Summary AI
The Builder Act amends the National Environmental Policy Act of 1969 to update procedures for environmental reviews of federal agency actions. Changes include clarifying requirements for environmental impact statements, introducing deadlines for review processes, and establishing rules to avoid duplication by designating lead and cooperating agencies. The act also outlines judicial review limitations and specifies what constitutes a major federal action, exempting certain activities from being classified as such.
Money References
- “(3) EXPENDITURES FOR DELAY.—If a lead agency is unable to meet the deadline described in paragraph (1) or extended under paragraph (2), the lead agency must pay $100 per day, to the extent funding is provided in advance in an appropriations Act, out of the office of the head of the department of the lead agency to the applicant starting on the first day immediately following the deadline described in paragraph (1) or extended under paragraph (2) up until the date that an applicant approves a new deadline.
106. Procedure for determination of level of review Read Opens in new tab
Summary AI
The section outlines when an agency is not required to prepare an environmental document for a proposed action, such as when the action is not final, covered by a categorical exclusion, or conflicts with other laws. It also describes how an agency should determine the required level of review, whether it needs an Environmental Impact Statement for significant effects or an Environmental Assessment for less significant or unknown effects, and specifies that agencies can use reliable data sources without needing new research.
107. Timely and unified Federal reviews Read Opens in new tab
Summary AI
The section outlines the process for designating a lead Federal agency when multiple agencies are involved in a proposed action, specifying roles, collaboration procedures, and deadlines for preparing environmental documents. It also sets guidelines for page limits, public comment requests, cost estimates, and consequences for missed deadlines in environmental assessments and impact statements.
Money References
- (3) EXPENDITURES FOR DELAY.—If a lead agency is unable to meet the deadline described in paragraph (1) or extended under paragraph (2), the lead agency must pay $100 per day, to the extent funding is provided in advance in an appropriations Act, out of the office of the head of the department of the lead agency to the applicant starting on the first day immediately following the deadline described in paragraph (1) or extended under paragraph (2) up until the date that an applicant approves a new deadline.
108. Judicial review Read Opens in new tab
Summary AI
The section outlines the conditions under which claims for judicial review related to the compliance and determinations under the Act can be made, specifying time limits and participation requirements. It also prohibits claims from being used for injunctive relief and details situations where proposed agency actions cannot be halted unless significant environmental harm is imminent.
109. Definitions Read Opens in new tab
Summary AI
This section provides definitions for terms used in the title, such as "categorical exclusion," which refers to actions typically not affecting the environment significantly, and "cooperating agency," which includes various government agencies involved in the decision-making process. It also clarifies what constitutes a "major Federal action" and excludes certain financial and extraterritorial activities from this definition.
203. Codification of National Environmental Policy Act Regulations Read Opens in new tab
Summary AI
The changes to the Code of Federal Regulations that were put into place by a rule from the Council on Environmental Quality on July 16, 2020, are to be treated as though they are laws passed by Congress.
204. Non-major Federal actions Read Opens in new tab
Summary AI
The section explains that certain activities specified as "covered activities," such as geotechnical investigations, construction with minimal environmental impact, minor upgrades to energy infrastructure, and road maintenance, are not considered major Federal actions under the National Environmental Policy Act, meaning they have reduced environmental review requirements.
205. No net loss determination for existing rights-of-way Read Opens in new tab
Summary AI
The section explains that if the Secretary decides there will be no long-term loss of vegetation, soil, or habitat in a designated right-of-way area due to a proposed action, that action won't be considered a major federal undertaking under a specific environmental law. It also mentions that any positive effects from remedial work should be considered in the decision.
206. Determination of National Environmental Policy Act adequacy Read Opens in new tab
Summary AI
The Secretary can use existing environmental assessments or impact statements to meet National Environmental Policy Act requirements for new major Federal actions if those new actions are similar to previous ones and their effects are also similar.
207. Determination regarding rights-of-way Read Opens in new tab
Summary AI
The section states that the Secretary has 60 days to inform an applicant if their request for a right-of-way is complete or missing information. During the review of a complete application, the Secretary is not allowed to consider other requests for rights-of-way on the same or overlapping land areas.
208. Terms of rights-of-way Read Opens in new tab
Summary AI
The section discusses the terms for rights-of-way for pipelines used to transport or distribute oil or gas, stating that these rights-of-way, when granted or renewed under federal law, may be limited to a maximum term of 50 years. It also includes amendments to existing laws, changing the permissible term from 30 years to 50 years.
209. Funding to process permits and develop information technology Read Opens in new tab
Summary AI
The section allows the Secretaries of Agriculture and the Interior to accept and use funds from non-Federal entities to help speed up the process of handling permits and developing technology from 2023 to 2025, ensuring that this does not affect the fairness of decision-making. If they choose not to accept or use these funds, they must explain their reasons to certain Congressional committees.
210. Offshore geological and geophysical survey licensing Read Opens in new tab
Summary AI
The Secretary of the Interior must approve surveys related to oil and gas in the Gulf of Mexico, except in areas where drilling isn't allowed. These surveys must follow specific environmental regulations and are considered compliant with laws protecting marine mammals and endangered species.
211. Deferral of applications for permits to drill Read Opens in new tab
Summary AI
The new amendment to the Mineral Leasing Act prevents the deferral of decisions on drilling permit applications due to formatting issues, unless the formatting problem causes missing information.
212. Processing and terms of applications for permits to drill Read Opens in new tab
Summary AI
The section amends the Mineral Leasing Act to ensure that applications for permits to drill must be processed by the Secretary even if there are ongoing civil lawsuits, unless a Federal court has canceled the lease. Additionally, it specifies that permits to drill will be valid for a four-year term or until the associated lease expires, whichever comes first.
213. Amendments to the Energy Policy Act of 2005 Read Opens in new tab
Summary AI
The amendment to Section 390 of the Energy Policy Act of 2005 states that certain actions related to oil and gas exploration or development, like drilling or construction, will not need a major environmental review under the National Environmental Policy Act if they meet specific conditions, such as limited new surface disturbance or being on non-Federal land. However, this does not apply to actions on Indian lands or resources managed for Indian Tribes.
390. National Environmental Policy Act Review Read Opens in new tab
Summary AI
Under this section, certain activities related to oil and gas exploration or development on public lands managed by the Secretary of the Interior or Agriculture, such as drilling at established or new sites and constructing roads or pipelines, are not considered major federal actions requiring review under the National Environmental Policy Act, provided specific conditions are met, like maintaining a limited disturbance area. However, this does not apply to actions on Indian lands or resources managed for Indian Tribes.
214. Access to Federal energy resources from non-Federal surface estate Read Opens in new tab
Summary AI
The section outlines that operators do not need a federal permit for oil, gas, or geothermal drilling on non-federal lands if the U.S. owns less than 50% of the subsurface rights and a state permit is obtained. It specifies that these activities are not considered major federal actions, exempts them from certain federal laws, does not change royalty obligations, and excludes Indian lands from these provisions.
30. No Federal permit required for geothermal activities on certain land Read Opens in new tab
Summary AI
The section states that operators don't need a Federal drilling permit for geothermal activities on non-Federal land if the U.S. owns less than 50% of the subsurface resources and a State permit is submitted. It specifies that such activities aren't major Federal actions, allows State-permitted operations to start 30 days after submission, and exempts them from certain environmental laws. This does not change the royalties owed to the U.S., and the Secretary retains rights to inspection for compliance. The section doesn't apply to Indian lands.
215. Scope of environmental reviews for oil and gas leases Read Opens in new tab
Summary AI
The section 215 specifies that environmental reviews for oil and gas leases must focus only on areas directly within or next to the lease plots that are directly affected, and they do not need to consider the broader, indirect environmental impacts of using the oil and gas.
216. Expediting approval of gathering lines Read Opens in new tab
Summary AI
The section modifies the Infrastructure Investment and Jobs Act by changing the classification of certain gathering line projects, so they are no longer considered major Federal actions, which could speed up their approval process.
217. Lease sale litigation Read Opens in new tab
Summary AI
The section states that once oil and gas leases are sold under certain laws, they cannot be canceled or obstructed unless a court finds that there is an immediate and serious risk of environmental damage with no other legal solution. Courts also cannot stop leases from being awarded if bids have already been opened and the highest bidder disclosed.
218. Limitation on claims Read Opens in new tab
Summary AI
The section outlines limitations on filing claims for judicial review related to permits and licenses issued by federal agencies for mineral and energy projects. It specifies a 120-day deadline for filing such claims and requirements that the claimant must have previously commented during the public comment period, while also clarifying that this limitation does not apply to transportation projects or create new rights for judicial review.
219. Government accountability office report on permits to drill Read Opens in new tab
Summary AI
The section requires the Government Accountability Office to issue a report within a year, covering the timelines and delays of drilling permit approvals by the Bureau of Land Management from 2018 to 2023. The report will also provide recommendations to make the permit approval process faster, suggest ways for states to take over some parts of the process, and identify legislative changes needed for this transfer of responsibility.
301. Definitions Read Opens in new tab
Summary AI
The section provides definitions for specific terms used in the subtitle, such as "byproduct," "Indian Tribe," "mineral," "Secretary," and "State," with "State" encompassing territories like Puerto Rico and Guam in addition to the U.S. states and the District of Columbia.
302. Minerals supply chain and reliability Read Opens in new tab
Summary AI
The section amends the Infrastructure Investment and Jobs Act to focus on the broader category of minerals, rather than just critical minerals, by redefining terms like lead agency, mineral, and mineral project, and emphasizing the need for cooperation between federal and state agencies for efficient permitting processes. It also introduces new procedures for extending review timelines and allows applicants to apply new rules to pending applications, aiming to streamline the exploration and production of minerals on federal lands.
303. Federal register process improvement Read Opens in new tab
Summary AI
The section amends the Energy Act of 2020 by removing the word "critical" from two places in a specific paragraph and completely deleting another paragraph.
304. Designation of mining as a covered sector for Federal permitting improvement purposes Read Opens in new tab
Summary AI
In this section of the bill, mining is added as a sector that can benefit from improved federal permitting processes, to potentially speed up projects related to mineral production.
305. Treatment of actions under Presidential Determination 2022–11 for Federal permitting improvement purposes Read Opens in new tab
Summary AI
The section outlines that certain actions by the Secretary of Defense related to domestic production capabilities, under specific presidential determinations, will be considered as covered projects and included in a federal permitting dashboard, except when the project sponsor requests otherwise. These actions can involve various activities like feasibility studies, production at existing sites, modernizing facilities, or any authorized activities to enhance domestic production through the Defense Production Act.
306. Notice for mineral exploration activities with limited surface disturbance Read Opens in new tab
Summary AI
The section requires operators to submit a complete notice to the relevant Secretary at least 15 days before starting exploration activities that disturb up to 5 acres on public land. These notices should state the planned activities and must be reviewed for completeness by the Secretary, who will authorize the activities if the land disturbance is limited, the notice is complete, and financial assurances are sufficient.
307. Use of mining claims for ancillary activities Read Opens in new tab
Summary AI
The section discusses the rights of mining claimants to use public land for mining-related activities, including exploration and development, even without discovering valuable minerals, provided they pay certain fees or fulfill other requirements. It clarifies that fulfilling these conditions meets federal land policy requirements but does not grant or expand rights on protected lands or limit government regulation over mining operations.
308. Ensuring consideration of uranium as a critical mineral Read Opens in new tab
Summary AI
The section amends the Energy Act of 2020 to change how uranium is considered as a mineral, specifically by altering the list of substances that includes oil, oil shale, coal, or natural gas. Additionally, it mandates the Secretary, through the United States Geological Survey Director, to update the relevant list in the Federal Register within 60 days of this section's enactment.
401. Federal land use planning and withdrawals Read Opens in new tab
Summary AI
The section outlines conditions under which federal lands and waters can be withdrawn from mining, requiring assessments of mineral resources, economic and national security implications, and impacts on federal revenues and military activities. It also mandates consultation with various secretaries and submission of reports to Congress before updating land management plans, and recommends actions if new mineral deposits are discovered in withdrawn areas.
402. Prohibitions on delay of mineral development of certain Federal land Read Opens in new tab
Summary AI
The section prohibits the President from delaying or stopping the development of oil, gas, coal, and other minerals on certain federal lands unless the land is specifically withdrawn from leasing. It also prevents the cancellation of any existing mineral leases or permits unless allowed by law or due to non-compliance.
403. Definitions Read Opens in new tab
Summary AI
The section defines key terms related to Federal land management, specifying what constitutes "Federal land," identifying who can act as the "President" or their designee, explaining what a "previously undiscovered mineral deposit" means, and establishing the "Secretary" as the Secretary of the Interior.
501. Incentivizing domestic production Read Opens in new tab
Summary AI
The section of the bill focuses on reducing the minimum royalty rates for offshore and onshore oil and gas production to encourage domestic production. It details changes to various provisions of the Outer Continental Shelf Lands Act and the Mineral Leasing Act, including amendments to leasing terms, rental fees, and competitive leasing processes.
Money References
- (2) OIL AND GAS MINIMUM BID.—Section 17(b) of the Mineral Leasing Act (30 U.S.C. 226(b)) is amended— (A) in paragraph (1)(B), by striking “$10 per acre during the 10-year period beginning on the date of enactment of the Act titled ‘An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14’.” and inserting “$2 per acre for a period of 2 years from the date of the enactment of the Federal Onshore Oil and Gas Leasing Reform Act of 1987.”; and (B) in paragraph (2)(C), by striking “$10 per acre” and inserting “$2 per acre”. (3) FOSSIL FUEL RENTAL RATES.—Section 17(d) of the Mineral Leasing Act (30 U.S.C. 226(d)) is amended to read as follows: “(d) All leases issued under this section, as amended by the Federal Onshore Oil and Gas Leasing Reform Act of 1987, shall be conditioned upon payment by the lessee of a rental of not less than $1.50 per acre per year for the first through fifth years of the lease and not less than $2 per acre per year for each year thereafter.
- “(B) An election under this paragraph is effective— “(i) in the case of an interest which vested after January 1, 1990, and on or before October 24, 1992, if the election is made before the date that is 1 year after October 24, 1992; “(ii) in the case of an interest which vests within 1 year after October 24, 1992, if the election is made before the date that is 2 years after October 24, 1992; and “(iii) in any case other than those described in clause (i) or (ii), if the election is made prior to the interest becoming a vested present interest.”; and (B) by striking subsection (c) and inserting the following: “(c) Lands subject to leasing under subsection (b); first qualified applicant.— “(1) If the lands to be leased are not leased under subsection (b)(1) of this section or are not subject to competitive leasing under subsection (b)(2) of this section, the person first making application for the lease who is qualified to hold a lease under this chapter shall be entitled to a lease of such lands without competitive bidding, upon payment of a non-refundable application fee of at least $75.
- Any lease issued under this section for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of its primary term and are being diligently prosecuted at that time shall be extended for two years and so long thereafter as oil or gas is produced in paying quantities.”. (6) CONFORMING AMENDMENTS.—Section 31 of the Mineral Leasing Act (30 U.S.C. 188) is amended— (A) in subsection (d)(1), by striking “section 17(b)” and inserting “subsection (b) or (c) of section 17 of this Act”; (B) in subsection (e)— (i) in paragraph (2)— (I) insert “either” after “rentals and”; and (II) insert “or the inclusion in a reinstated lease issued pursuant to the provisions of section 17(c) of this Act of a requirement that future rentals shall be at a rate not less than $5 per acre per year, all” before “as determined by the Secretary”; and (ii) by amending paragraph (3) to read as follows: “(3)(A) payment of back royalties and the inclusion in a reinstated lease issued pursuant to the provisions of section 17(b) of this Act of a requirement for future royalties at a rate of not less than 162⁄3 percent computed on a sliding scale based upon the average production per well per day, at a rate which shall be not less than 4 percentage points greater than the competitive royalty schedule then in force and used for royalty determination for competitive leases issued pursuant to such section as determined by the Secretary: Provided, That royalty on such reinstated lease shall be paid on all production removed or sold from such lease subsequent to the termination of the original lease; and “(B) payment of back royalties and inclusion in a reinstated lease issued pursuant to the provisions of section 17(c) of this Act of a requirement for future royalties at a rate not less than 162⁄3 percent: Provided, That royalty on such reinstated lease shall be paid on all production removed or sold from such lease subsequent to the cancellation or termination of the original lease; and”; (C) in subsection (f)— (i) in paragraph (1), strike “in the same manner as the original lease issued pursuant to section 17” and insert “as a competitive or a noncompetitive oil and gas lease in the same manner as the original lease issued pursuant to subsection (b) or (c) of section 17 of this Act”; (ii) by redesignating paragraphs (2) and (3) as paragraph (3) and (4), respectively; and (iii) by inserting after paragraph (1) the following: “(2) Except as otherwise provided in this section, the issuance of a lease in lieu of an abandoned patented oil placer mining claim shall be treated as a noncompetitive oil and gas lease issued pursuant to section 17(c) of this Act.”; (D) in subsection (g), by striking “subsection (d)” and inserting “subsections (d) and (f)”; (E) by amending subsection (h) to read as follows: “(h) Royalty reductions.
- Provided, however, That after the filing of a petition for issuance of a lease under this subsection, the Secretary shall not issue any new lease affecting any of the lands covered by such abandoned oil placer mining claim for a reasonable period, as determined in accordance with regulations issued by him; “(3) a requirement in the lease for payment of rental, including back rentals accruing from the statutory date of abandonment of the oil placer mining claim, of not less than $5 per acre per year; “(4) a requirement in the lease for payment of royalty on production removed or sold from the oil placer mining claim, including all royalty on production made subsequent to the statutory date the claim was deemed conclusively abandoned, of not less than 121⁄2 percent; and “(5) compliance with the notice and reimbursement of costs provisions of paragraph (4) of subsection (e) but addressed to the petition covering the conversion of an abandoned unpatented oil placer mining claim to a noncompetitive oil and gas lease.”.
601. Gulf of Mexico outer continental shelf revenue Read Opens in new tab
Summary AI
The section amends the Gulf of Mexico Energy Security Act of 2006 to change how revenue from the outer continental shelf is split between federal and Gulf producing states, adjusting the percentages each party receives. It also clarifies that these amounts aren't federal grants and exempts certain payments from budget cuts starting when this Act is enacted.
602. Parity in offshore wind revenue sharing Read Opens in new tab
Summary AI
The section establishes revenue sharing rules for offshore wind projects, specifying how funds from these projects should be allocated among various programs and states. It sets percentages for distributing these revenues to federal funds, a conservation fund, and eligible states, and outlines how states can use these funds, including requirements for reporting and limitations on use for administrative costs.
603. Elimination of administrative fee under the mineral leasing act Read Opens in new tab
Summary AI
This section of the bill removes the administrative fee previously included in the Mineral Leasing Act. It also updates the language in other related laws to align with this change, such as by removing references to the eliminated subsection, ensuring that all fees and procedures comply with the revised format.