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Title I — Matters Relating to Countering China’s Malign Influence

H.R. 4792 · 117th Congress · Jul 29, 2021 · Lineage

I Matters Relating to Countering China’s Malign Influence

Sec. 101 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

(a)
Imposition of sanctions— The President shall impose the sanctions described in subsection (b) with respect to any foreign person that the President determines knowingly commits a significant act of malign disinformation on behalf of the government of a foreign country or foreign political party that has the direct purpose or effect of influencing political, diplomatic, or educational activities in the United States for the purpose of harming—
(1)
the national security or defense of the United States; or
(2)
the safety and security of any United States citizen or alien lawfully admitted for permanent residence.
(b)
Sanctions described—
(1)
In general— The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following:
(A)
Asset blocking— The President shall exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(B)
Inadmissibility of certain individuals—
(i)
Ineligibility for visas, admission, or parole— In the case of a foreign person who is an individual, the foreign person is—
(I)
inadmissible to the United States;
(II)
ineligible to receive a visa or other documentation to enter the United States; and
(III)
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(ii)
Current visas revoked—
(I)
In general— In the case of a foreign person who is an individual, the visa or other documentation issued to the person shall be revoked, regardless of when such visa or other documentation is or was issued.
(II)
Effect of revocation— A revocation under subclause (I) shall—
(aa)
take effect immediately; and
(bb)
automatically cancel any other valid visa or entry documentation that is in the person’s possession.
(2)
Penalties— A person that violates, attempts to violate, conspires to violate, or causes a violation of any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
(3)
Exception to comply with united nations headquarters agreement— Sanctions under paragraph (1)(B) shall not apply to a foreign person who is an individual if admitting the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
(c)
Waiver— The President may, for one period not to exceed one year, waive the application of sanctions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees not later than 15 days before such waiver is to take effect that the waiver is vital to the national security interests of the United States.
(d)
Implementation authority— The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section.
(e)
Regulatory authority—
(1)
In general— Not later than 90 days after the date of the enactment of this Act, the President shall promulgate such regulations as are necessary for the implementation of this section.
(2)
Notification to congress— Not less than 10 days before the promulgation of regulations under paragraph (1), the President shall notify and provide to the appropriate congressional committees the proposed regulations and an identification of the provisions of this section that the regulations are implementing.
(f)
Definitions— In this section:
(1)
Admitted; alien— The terms “admitted” and “alien” have the meanings given those terms in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).
(2)
Appropriate congressional committees— The term “appropriate congressional committees” means—
(A)
the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives; and
(B)
the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Finance, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(3)
Foreign person— The term “foreign person” means a person that is not a United States person.
(4)
Knowingly— The term “knowingly”, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
(5)
Person— The term “person” means an individual or entity.
(6)
Property; interest in property— The terms “property” and “interest in property” have the meanings given the terms “property” and “property interest”, respectively, in section 576.312 of title 31, Code of Federal Regulations, as in effect on the day before the date of the enactment of this Act.
(7)
United states person— The term “United States person” means—
(A)
an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States;
(B)
an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or
(C)
any person in the United States.
(g)
Sunset—
(1)
In general— This section shall cease to be effective beginning on January 1, 2025.
(2)
Inapplicability— Paragraph (1) shall not apply with respect to sanctions imposed with respect to a foreign person under this section before January 1, 2025.

Sec. 102 Determination with respect to the imposition of sanctions on the United Front Work Department of the Chinese Communist Party

(a)
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a determination, including a detailed justification, on whether the United Front Work Department of the Chinese Communist Party, or any component or official thereof, meets the criteria for the application of sanctions pursuant to—
(1)
section 101 of this Act;
(2)
section 1263 of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 2656 note);
(3)
section 6 of the Uyghur Human Rights Policy Act of 2020 (Public Law 116–145; 22 U.S.C. 6901 note); or
(4)
Executive Order 13694 (50 U.S.C. 1701 note; relating to blocking property of certain persons engaged in significant malicious cyber-enabled activities).
(b)
Form— The determination required by subsection (a) shall be submitted in unclassified form but may contain a classified annex.
(c)
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
(1)
the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and
(2)
the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.

Sec. 103 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

Section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702) is amended—
(1)
by redesignating subsection (c) as subsection (d); and
(2)
by inserting after subsection (b) the following new subsection:

“(c)

“(1) Notwithstanding subsection (b), the authority granted to the President by this section includes the authority to regulate or prohibit transactions with a mobile application or software program that—

“(A) engages in the theft or unauthorized transmission of a user’s data; and

“(B) provides to a covered country or covered foreign political party access to such data.

“(2) In this subsection, the term “covered country” means any of the following:

“(A) A communist country.

“(B) A foreign adversary.

“(C) A state sponsor of terrorism.

“(3) In this subsection:

“(A) The term “communist country” has the meaning given such term in section 620(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(f)(1)).

“(B) The term “covered foreign political party” means the Chinese Communist Party (CCP).

“(C) The term “foreign adversary” has the meaning given such term in Executive Order 13920, issued on May 1, 2020, entitled “Securing the United States BulkPower System”, and including the list of foreign adversaries identified by the Department of Energy’s Office of Electricity pursuant to such Executive Order on July 7, 2020, as in effect on January 19, 2021.

“(D) The term “state sponsor of terrorism” means a country the government of which the Secretary of State determines has repeatedly provided support for international terrorism pursuant to—

“(i) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A));

“(ii) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371);

“(iii) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or

“(iv) any other provision of law.”

Sec. 104 Imposition of sanctions with respect to mobile applications or software programs that engage in theft or unauthorized transmission of user data

(a)
Imposition of sanctions— Notwithstanding any other provision of law, the President is authorized to impose the sanctions described in subsection (b) with respect to any foreign person that the President determines has developed, maintains, provides, owns, or controls a mobile application or software program that—
(1)
engages in the theft or unauthorized transmission of a user’s data to servers located in China; and
(2)
provides to the Government of the People’s Republic of China (PRC), the Chinese Communist Party (CCP), or any person owned by or controlled by the PRC or CCP access to such data.
(b)
Sanctions described—
(1)
In general— The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following:
(A)
Asset blocking— The President shall exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(B)
Inadmissibility of certain individuals—
(i)
Ineligibility for visas, admission, or parole— In the case of a foreign person who is an individual, the foreign person is—
(I)
inadmissible to the United States;
(II)
ineligible to receive a visa or other documentation to enter the United States; and
(III)
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(ii)
Current visas revoked—
(I)
In general— In the case of a foreign person who is an individual, the visa or other documentation issued to the person shall be revoked, regardless of when such visa or other documentation is or was issued.
(II)
Effect of revocation— A revocation under subclause (I) shall—
(aa)
take effect immediately; and
(bb)
automatically cancel any other valid visa or entry documentation that is in the person’s possession.
(2)
Penalties— The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated under subsection (e) to implement this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act.
(3)
Exception to comply with united nations headquarters agreement— Sanctions under paragraph (1)(B) shall not apply to a foreign person who is an individual if admitting the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
(c)
Waiver— The President may, on a case-by-case basis and for periods not to exceed 180 days, waive the application of sanctions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees not later than 15 days before such waiver is to take effect that the waiver is vital to the national security interests of the United States.
(d)
Implementation authority— The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. The exceptions to the President’s authority described in section 203(b) of the International Emergency Economic Powers Act, as amended by section 1, shall not apply to the President’s authority to exercise authorities under this section.
(e)
Regulatory authority—
(1)
In general— The President shall, not later than 180 days after the date of the enactment of this Act, prescribe regulations as necessary for the implementation of this Act and the amendments made by this Act.
(2)
Notification to congress— No later than 10 days before the prescription of regulations under subsection (1), the President shall notify the appropriate congressional committees regarding the proposed regulations and the provisions this Act and the amendments made by this Act that the regulations are implementing.
(f)
Definitions— In this section:
(1)
Admitted; alien— The terms “admitted” and “alien” have the meanings given those terms in section 101(3) of the Immigration and Nationality Act (8 U.S.C. 1101(3)).
(2)
Appropriate congressional committees— The term “appropriate congressional committees” means—
(A)
the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives; and
(B)
the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(3)
Foreign person— The term “foreign person” means a person that is not a United States person.

Sec. 105 Determination with respect to the imposition of sanctions on WeChat and TikTok

(a)
Determination— Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a determination, including a detailed justification, regarding whether WeChat and TikTok, or any component thereof, or any entity owned or controlled by WeChat, satisfies the criteria for the application of sanctions pursuant to—
(1)
section 105 of this Act; or
(2)
Executive Order 13694 (50 U.S.C. 1701 note; relating to blocking property of certain persons engaged in significant malicious cyber-enabled activities).
(b)
Form— The determination required by subsection (a) shall be submitted in unclassified form but may contain a classified annex.
(c)
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
(1)
the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and
(2)
the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.

Sec. 106 Prohibiting lobbying contacts by former Members of Congress on behalf of communist countries

(a)
Prohibition— The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is amended by inserting after section 5 the following new section:

“5A. Prohibiting lobbying contacts by former Members of Congress on behalf of communist countries

“(a) Prohibition—Notwithstanding any other provision of this section, a former Member of Congress may not make a lobbying contact under this Act, or any communication which would be a lobbying contact under this Act if it were not disclosed under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.), on behalf of a client which, at the time of the lobbying contact or communication, is a Communist country or an entity owned or controlled by a Communist country.

“(b) Penalty—In addition to any other penalty 20 under this Act, any person who violates subsection (a) shall be subject to a fine of not more than $25,000 for 22 each such violation.

“(c) Definition—In this section, a “Communist country” means a country which is treated as a Communist country under section 620(f) of the Foreign Assistance 26 Act of 1961 (22 U.S.C. 2370(f)).”

(b)
Effective date— The amendments made by this section shall apply with respect to lobbying contacts under the Lobbying Disclosure Act of 1995 which are made on or after the date of the enactment of this Act.

Sec. 107 Annual disclosure of contributions from foreign governments and political parties by certain tax-exempt organizations

(a)
Reporting requirement— Section 6033(b) of the Internal Revenue Code of 1986 is amended by striking “and” at the end of paragraph (15), by redesignating paragraph (16) as paragraph (17) and by inserting after paragraph (15) the following new paragraph:

“(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”

(b)
Public disclosure— Section 6104 of such Code is amended by adding at the end the following new subsection:

“(e) Public disclosure of certain information—The Secretary shall make publicly available in a searchable database the following information:

“(1) The information furnished under section 6033(b)(16) of the Internal Revenue Code of 1986, as amended by this section.

“(2) The name of the organization furnishing the information described in paragraph (1).

“(3) The aggregate amount reported under such section as having been received as contributions or gifts in each year from the People’s Republic of China and (stated separately) from the Chinese Communist Party.”

(c)
Effective date— The amendments made by this section shall apply to returns filed for taxable years beginning after the date of the enactment of this Act.

Sec. 108 Position of sanctions with respect to senior officials of the Chinese Communist Party

(a)
Imposition of sanctions— Notwithstanding any other provision of law, the President is authorized to impose the sanctions described in subsection (b) with respect to any foreign person the President determines—
(1)
is a senior official of the CCP, including a member of the CCP Politburo; and
(2)
has engaged in or provided support to or for—
(A)
a malign disinformation campaign or political warfare operation against the United States;
(B)
the theft of intellectual property of a United States person;
(C)
threats or actions undermining the sovereignty of Taiwan; and
(D)
the forced closure or destruction of churches, mosques, Buddhist temples or any other place of worship in China, or religious practice of Christians, Muslims, Buddhists or any other religious group in China.
(b)
Sanctions described—
(1)
In General— The sanctions described in this subsection with respect to a foreign person determined by the President to be subject to subsection (a) are the following:
(A)
Asset blocking— The President shall exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(B)
Inadmissibility of certain individuals—
(i)
Ineligibility for visas, admission, or parole— Such a foreign person is—
(I)
inadmissible to the United States;
(II)
ineligible to receive a visa or other documentation to enter the United States; and
(III)
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(ii)
Current visas revoked—
(I)
In general— The visa or other documentation issued to such a foreign person shall be revoked, regardless of when such visa or other documentation is or was issued.
(II)
Effect of revocation— A revocation under subclause (I) shall—
(aa)
take effect immediately; and
(bb)
automatically cancel any other valid visa or entry documentation that is in the person’s possession.
(2)
Penalties— The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 24 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated under subsection (f) to implement this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.
(3)
Exception to comply with united nations headquarters agreement— Sanctions under paragraph (1)(B) shall not apply to a foreign person who is an individual if admitting the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
(c)
Waiver— The President may, on a case-by-case basis and for one period not to exceed one year, waive the application of sanctions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees not later than 15 days before such waiver is to take effect that such waiver is vital to the national security interests of the United States.
(d)
Termination of sanctions— The President may terminate the application of sanctions under this section if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination takes effect that the President has determined that the foreign person no longer is involved in any of the activities described in subsection (a).
(e)
Implementation authority— The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section.
(f)
Regulatory authority—
(1)
In general— Not later than 90 days after the date of the enactment of this Act, the President shall promulgate regulations as necessary for the implementation of this section.
(2)
Notification to congress— Not later than 10 days before the promulgation of regulations under paragraph (1), the President shall notify and provide to the appropriate congressional committees the proposed regulations and the provisions of this section that such regulations are implementing.
(g)
Sunset—
(1)
In general— This section shall terminate on January 1, 2025.
(2)
Inapplicability— Paragraph (1) shall not apply with respect to sanctions imposed with respect to a foreign person under this section before January 1, 2025.
(h)
Definitions— In this section:
(1)
Admitted— The term “admitted” has the meaning given such term in section 101(3) of the Immigration and Nationality Act (8 U.S.C. 1101(3)).
(2)
Appropriate congressional committees— The term “appropriate congressional committees” means—
(A)
the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives; and
(B)
the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(3)
Foreign person— The term “foreign person” means a person that is not a national or citizen of the United States or lawfully admitted for permanent residence in the United States.

Sec. 109 Determination with respect to the imposition of sanctions on members of the CCP Politburo

(a)
Determination— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a determination, including a detailed justification, regarding whether any member of the Chinese Communist Party (CCP) Politburo satisfies the criteria for the application of sanctions pursuant to any of the following:
(1)
Section 108 of this Act.
(2)
Executive Order 13694 (50 U.S.C. 1701 note; relating to blocking property of certain persons engaged in significant malicious cyber-enabled activities).
(3)
The Global Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note).
(4)
The Uyghur Human Rights and Policy Act of 2020 (Public Law 116–145).
(5)
The Hong Kong Human Rights and Democracy Act of 2019 (Public Law 116–76).
(b)
Form— The determination required by subsection (a) shall be submitted in unclassified form but may contain a classified annex.
(c)
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
(1)
the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and
(2)
the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.

Sec. 110 Mandatory application of sanctions

(a)
In general— No later than 180 days after the date of the enactment of this Act, the President shall impose the sanctions described in section 108 with respect to each individual specified in subsection (b).
(b)
Individuals and organizations described— The individuals specified in this subsection are the following:
(1)
Wu Yingjie.
(2)
Wang Yang.
(3)
Han Zheng.
(4)
Xia Baolong.

Sec. 111 Continuation in effect of certain export controls

(a)
Huawei Technologies Co. Ltd— The Secretary of Commerce may not remove Huawei Technologies Co. Ltd., or its subsidiaries and affiliates, from the entity list or modify any of the licensing policies pursuant to its designation on the entity list, including the foreign direct product rule, unless the Secretary, with the concurrence of the End-User Review Committee by a unanimous vote of such Committee, certifies to the appropriate congressional committees that Huawei Technologies Co. Ltd., and its subsidiaries and affiliates—
(1)
have not engaged in activities that are contrary to United States national security or foreign policy interests and are unlikely to engage in such activities in the future; and
(2)
are not owned, controlled, or influenced by the Communist Party of China.
(b)
Honor Device Co. Ltd— Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce—
(1)
shall designate Honor Device Co. Ltd. for inclusion on the entity list; and
(2)
shall publish a notification with respect to such designation in the Federal Register.
(c)
Report—
(1)
In general— Not later than 30 days after the date of the enactment of this Act, and on a monthly basis thereafter, the Secretary of Commerce shall submit to the appropriate congressional committees a report that—
(A)
identifies and describes all license applications received by the Department of Commerce to export, reexport, or transfer (in-country) items subject to the Export Administration Regulations to—
(i)
Huawei Technologies Co. Ltd., or its subsidiaries and affiliates; or
(ii)
Honor Device Co. Ltd; and
(B)
identifies whether such license applications were approved or denied.
(2)
Form— The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
(d)
Definitions— In this section:
(1)
Appropriate congressional committees— The term “appropriate congressional committees” means the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(2)
End-user review committee— The term “End-User Review Committee” means the End-User Review Committee described in Supplement No. 9 to part 748 of the Export Administration Regulations.
(3)
Entity list— The term “entity list” means the list maintained by the Bureau of Industry and Security and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations.
(4)
Export administration regulations— The term “Export Administration Regulations” means subchapter C of chapter VII of title 15, Code of Federal Regulations.

Sec. 112 Exclusion of Government of the People’s Republic of China from certain cultural exchanges

Subsection (a) of section 108A of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2458a(a)) is amended by adding at the end the following new paragraph:

“(3) For purposes of this section, the term “foreign government” does not include the Government of the People’s Republic of China.”

Sec. 113 Prohibition on any TSP fund investing in entities based in the People’s Republic of China

(a)
In general— Section 8438 of title 5, United States Code, is amended by adding at the end the following:

“(i) Notwithstanding any other provision of this section, no fund established or overseen by the Board may include an investment in any security of—

“(1) an entity based in the People’s Republic of China; or

“(2) any subsidiary that is owned or operated by an entity described in paragraph (1).”

(b)
Divestiture of assets— Not later than 30 days after the date of enactment of this Act, the Federal Retirement Thrift Investment Board established under section 8472(a) of title 5, United States Code, shall—
(1)
review whether any sums in the Thrift Savings Fund are invested in violation of subsection (i) of section 8438 of that title, as added by subsection (a) of this section;
(2)
if any sums are invested in the manner described in paragraph (1), divest those sums in a manner that is consistent with the legal and fiduciary duties provided under chapter 84 of that title, or any other applicable provision of law; and
(3)
reinvest any sums divested under paragraph (2) in investments that do not violate subsection (i) of section 8438 of that title, as added by subsection (a) of this section.
(c)
Prohibition on investment of TSP funds in entities based in the People’s Republic of China through the TSP mutual fund window— Section 8438(b)(5) of title 5, United States Code, is amended by adding at the end the following:

“(E) A mutual fund accessible through a mutual fund window authorized under this paragraph may not include an investment in any security of—

“(i) an entity based in the People’s Republic of China; or

“(ii) any subsidiary that is owned or operated by an entity described in clause (i).”

Sec. 114 Enactment of Executive order

(a)
In general— The provisions of Executive Order 13920 (85 Fed. Reg. 26595; relating to securing the United States bulk-power system (May 1, 2020)) (as in effect on May 1, 2020) are enacted into law.
(b)
Publication— In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end an appendix setting forth the text of the Executive order referred to in subsection (a) (as in effect on May 1, 2020).

Sec. 115 Review by Committee on Foreign Investment in the United States of greenfield investments by People’s Republic of China

(a)
Inclusion in definition of covered transaction— Section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amended—
(1)
in subparagraph (A)—
(A)
in clause (i), by striking “; and” and inserting a semicolon;
(B)
in clause (ii), by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following:

“(iii) any transaction described in subparagraph (B)(vi) proposed or pending on or after the date of the enactment of the Countering Communist China Act.”

(2)
in subparagraph (B), by adding at the end the following:

“(vi) An investment by a foreign person that—

“(I) involves—

“(aa) the completed or planned purchase or lease by, or a concession to, the foreign person of private or public real estate in the United States; and

“(bb) the establishment of a United States business to operate a factory or other facility on that real estate; and

“(II) could result in control, including through formal or informal arrangements to act in concert, of that United States business by—

“(aa) the Government of the People’s Republic of China;

“(bb) a person owned or controlled by, or acting on behalf of, that Government;

“(cc) an entity in which that Government has, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest;

“(dd) an entity in which that Government has, directly or indirectly, the right or power to appoint, or approve the appointment of, any members of the board of directors, board of supervisors, or an equivalent governing body (including external directors and other individuals who perform the duties usually associated with such titles) or officers (including the president, senior vice president, executive vice president, and other individuals who perform duties normally associated with such titles) of any other entity that held, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest in the entity in the preceding 3 years; or

“(ee) an entity in which any members or officers described in item (dd) of any other entity holding, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest in the entity are members of the Chinese Communist Party or have been members of the Chinese Communist Party in the preceding 3 years.”

(b)
Definition of Government of People’s Republic of China— Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)) is amended—
(1)
by redesignating paragraphs (8) through (13) as paragraphs (9) through (14), respectively; and
(2)
by inserting after paragraph (7) the following:

“(7) Government of people’s republic of china—The term “Government of the People’s Republic of China” includes the national and subnational governments within the People’s Republic of China, including any departments, agencies, or instrumentalities of such governments.”

(c)
Mandatory filing of declarations— Section 721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is amended by adding at the end the following:

“(DD) Greenfield investments by people’s republic of china—The parties to a covered transaction described in subsection (a)(4)(B)(vi) shall submit a declaration described in subclause (I) with respect to the transaction.”

Sec. 116 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

(a)
In general— Section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702) is amended—
(1)
in subsection (b)—
(A)
in the matter preceding paragraph (1), by striking “to regulate or prohibit, directly or indirectly” and inserting “to directly regulate or prohibit”; and
(B)
in the first sentence of paragraph (3)—
(i)
by striking “but not limited to,”; and
(ii)
by inserting “, but excluding sensitive personal data”; and
(2)
by adding at the end the following:

“(d) Sensitive personal data defined—In subsection (b)(3), the term “sensitive personal data” means any of the following:

“(1) Personally identifiable information, including the following:

“(A) Financial data that could be used to analyze or determine an individual’s financial distress or hardship.

“(B) The set of data in a consumer report, as defined under section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a), unless such data is obtained from a consumer reporting agency for one or more purposes identified in subsection (a) of such section.

“(C) The set of data in an application for health insurance, long-term care insurance, professional liability insurance, mortgage insurance, or life insurance.

“(D) Data relating to the physical, mental, or psychological health condition of an individual.

“(E) Non-public electronic communications, including email, messaging, or chat communications, between or among users of a United States business’s products or services if a primary purpose of such product or service is to facilitate third-party user communications.

“(F) Geolocation data collected using positioning systems, cell phone towers, or WiFi access points such as via a mobile application, vehicle GPS, other onboard mapping tool, or wearable electronic device.

“(G) Biometric enrollment data including facial, voice, retina/iris, and palm/fingerprint templates.

“(H) Data stored and processed for generating a Federal, State, tribal, territorial, or other government identification card.

“(I) Data concerning United States Government personnel security clearance status.

“(J) The set of data in an application for a United States Government personnel security clearance or an application for employment in a position of public trust.

“(2) Genetic information, which includes the results of an individual’s genetic tests, including any related genetic sequencing data, whenever such results, in isolation or in combination with previously released or publicly available data, constitute identifiable data. Such results shall not include data derived from databases maintained by the United States Government and routinely provided to private parties for purposes of research. For purposes of this paragraph, the term “genetic test” has the meaning provided in section 2791(d)(17) of the Public Health Service Act (42 U.S.C. 300gg–91(d)(17)).”

(b)
Effective date— The amendments made by this section—
(1)
take effect on the date of the enactment of this Act; and
(2)
apply with respect to any exercise of the authority granted to the President under section 203 of the International Emergency Economic Powers Act on or after such date of enactment.

Sec. 117 Prohibiting the purchase of agricultural land located in the United States

The Secretary of Agriculture shall take such actions as may be necessary to prohibit the purchase of agricultural land located in the United States by companies owned, in full or in part, by the People’s Republic of China. Beginning on the date of the enactment of this Act, agricultural land owned by the People’s Republic of China or companies owned, in full or in part, by the People’s Republic of China shall not be eligible for participation in programs administered by the Secretary of Agriculture.