America LEADS Act

II 116TH CONGRESS 2D SESSION S. 4629 To address issues involving the People’s Republic of China. IN THE SENATE OF THE UNITED STATES SEPTEMBER 17, 2020 Mr. MENENDEZ (for himself, Mr. SCHUMER, Mr. DURBIN, Mr. WYDEN, Mr. BROWN, Mrs. MURRAY, Mr. REED, Mr. WARNER, Ms. KLOBUCHAR, Mrs. SHAHEEN, Mr. VAN HOLLEN, and Mr. HEINRICH) introduced the fol- lowing bill; which was read twice and referred to the Committee on For- eign Relations A BILL To address issues involving the People’s Republic of China. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘America Labor, Economic competitiveness, Alliances, 5 Democracy and Security Act’’ or the ‘‘America LEADS 6 Act’’. 7 (b) TABLE OF CONTENTS.—The table of contents for 8 this Act is as follows: 9 Sec. 1. Short title; table of contents. Sec. 2. Findings. VerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S4629.IS S4629 SSpencer on DSK126QN23PROD with BILLS 2 •S 4629 IS Sec. 3. Definitions. Sec. 4. Statement of policy on Indo-Pacific and China strategy. Sec. 5. Rules of construction. TITLE I—INVESTING IN AMERICAN COMPETITIVENESS Subtitle A—Science and Technology Sec. 101. Appropriate congressional committees defined. Sec. 102. Restoration of Federal funding for research and development. Sec. 103. Excellence in Critical Technologies Program. Sec. 104. List of acquisition programs, technologies, manufacturing capabilities, and research areas critical to national and economic security. Sec. 105. Department of State Office of International Strategic Scientific Inno- vation. Sec. 106. Report on development and utilization of dual-use technologies by the Government of China. Sec. 107. Report on anticompetitive behavior by the Government of China. Sec. 108. Statement of policy on cooperation in peaceful exploration of space and strategy to develop collaborative, transparent conduct in space. Subtitle B—Global Infrastructure Development Sec. 111. Appropriate congressional committees defined. Sec. 112. Negotiations to establish international quality infrastructure invest- ment standards. Sec. 113. Global assessment of infrastructure. Sec. 114. Infrastructure transaction and assistance network. Sec. 115. Provision of assistance by Committee on Foreign Investment in the United States to allies and partners with respect to reviewing foreign investment. Sec. 116. Strategy for advanced and reliable energy infrastructure. Sec. 117. Ensuring greater transparency of financing provided by the People’s Republic of China. Sec. 118. Authorization of appropriations. Subtitle C—Digital Sec. 121. Appropriate congressional committees defined. Sec. 122. Sense of Congress on digital technology issues. Sec. 123. Sense of Congress on countering the Government of China’s efforts to export its system of digital authoritarianism and other forms of malign influence. Sec. 124. 5G Policy Coordinator. Sec. 125. Digital Connectivity and Cybersecurity Partnership. Sec. 126. Multilateral Telecommunications Security Fund. Sec. 127. Report on threats to the United States semiconductor industry. Subtitle D—Manufacturing, Research, and Development Competitiveness Sec. 130. Definitions. PART I—MANUFACTURING, RESEARCH, AND TECHNOLOGY DEVELOPMENT Sec. 131. Manufacturing USA Program. Sec. 132. Investing in research and development of critical technologies. VerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S4629.IS S4629 SSpencer on DSK126QN23PROD with BILLS 3 •S 4629 IS Sec. 133. Funding for quantum computing and consortial quantum research and development. Sec. 134. National Artificial Intelligence Research and Development Initiative. Sec. 135. Rebuild manufacturing regions as new critical technology hubs. Sec. 136. Strengthening domestic supply chains. Sec. 137. Development of data and policy recommendations for improved do- mestic supply chain resiliency. Sec. 138. Capital investment for domestic production. Sec. 139. Improved process for preference for domestic manufacturing of tech- nologies developed at government expense. Sec. 140. Comparative analysis of Chinese and United States investments in re- search and manufacturing in areas critical to the national de- fense strategy. Sec. 141. Technical data rights for technologies developed at government ex- pense that have been transferred overseas for manufacturing and production. Sec. 142. Requirement to buy certain articles from United States and friendly nation sources. Sec. 143. Promoting domestic production of technologies developed under de- fense research and development activities. Sec. 144. Comparative analysis of efforts by the People’s Republic of China and the United States to recruit and retain researchers. Sec. 145. Department of Defense Cooperative Technical Talent Protection Pro- gram. Sec. 146. Employment of experts by Department of Defense laboratories and the Defense Advanced Research Projects Agency. Sec. 147. Analysis of defense industrial base and STEM fellowships, scholar- ships, internships, traineeships, and apprenticeships. Sec. 148. New technology development in support of the National Defense Strategy. Sec. 149. Use of the Defense Production Act to invest in aluminum production capacity in the United States. Sec. 150. Domestic requirements for aluminum. Sec. 151. Quality wage protections for Federal investments. Sec. 152. COVID–19 critical medical supply chain transparency. PART II—SEMICONDUCTOR MANUFACTURING INCENTIVES Sec. 153. Semiconductor incentive grants. Sec. 154. Department of Defense investment in the microelectronics industry. Sec. 155. Department of Commerce study on status of microelectronics tech- nologies in the United States industrial base. Sec. 156. Multilateral microelectronics security fund. Sec. 157. Advanced semiconductor research and design. Sec. 158. Prohibition on access to assistance by foreign adversaries. Subtitle E—Education and Countering Influence Campaigns Sec. 161. Findings on Chinese information warfare and malign influence oper- ations. Sec. 162. Sense of Congress on support for higher education. Sec. 163. Establish limitations regarding Confucius Institutes. Sec. 164. Disclosures of foreign gifts to United States institutions of higher education. Sec. 165. Encourage the development of a non-governmental code of conduct for countering malign influence at colleges and universities. VerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S4629.IS S4629 SSpencer on DSK126QN23PROD with BILLS 4 •S 4629 IS Sec. 166. Authorization of appropriations for science, technology, engineering, and mathematics education and training. Sec. 167. Authorization of appropriations for the Fulbright-Hays Program. Sec. 168. Authorization of appropriations for international and foreign lan- guage education programs. Sec. 169. Support for science and engineering research infrastructure. Sec. 170. Building the innovation and manufacturing workforce of the United States. Sec. 171. Apprenticeship opportunities. Sec. 172. Community college and industry partnership grants. Sec. 173. Sense of Congress that institutions of higher education, Federal and State governments, and businesses should address the under- representation of students of color and women in STEM fields. Sec. 174. Prohibition on certain Federal employees accepting trademarks from the Government of China. Sec. 175. Report on the Government of China’s efforts to influence and intimi- date Chinese diaspora communities. Sec. 176. Creation of a civil society fund to research and document Chinese government operations. Sec. 177. Supporting local media. TITLE II—INVESTING IN ALLIANCES AND PARTNERSHIPS Subtitle A—Strategic and Diplomatic Matters Sec. 201. Appropriate congressional committees defined. Sec. 202. United States commitment and support for allies and partners in the Indo-Pacific. Sec. 203. Reviving United States leadership in international organizations and regional institutions. Sec. 204. Mandate to use sanctions authorities with respect to the People’s Re- public of China. Sec. 205. Negotiations with G7 countries on the People’s Republic of China. Sec. 206. Enhancing the United States-Taiwan partnership. Sec. 207. Global public health risk reduction program. Sec. 208. Enhancement of diplomatic and economic engagement with Pacific is- land countries. Sec. 209. Reporting on the Belt and Road Initiative after onset of the COVID– 19 pandemic. Sec. 210. United States international development and investment agenda. Sec. 211. Report on Department of State personnel and resources devoted to the Indo-Pacific. Sec. 212. United States-China climate cooperation. Sec. 213. Enhancing United States leadership and competitiveness in advancing global clean energy development. Sec. 214. Authorizing appropriations for United States contributions to the Green Climate Fund. Sec. 215. Energy diplomacy and security within the Department of State. Sec. 216. Sense of Congress on the Kigali Amendment to the Montreal Pro- tocol. Subtitle B—International Security Matters Sec. 221. Definitions. Sec. 222. Statement of policy. Sec. 223. Additional funding for the security of the Indo-Pacific region. VerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\S4629.IS S4629 SSpencer on DSK126QN23PROD with BILLS 5 •S 4629 IS Sec. 224. Prohibition on use of funds to withdraw the United States Armed Forces from Japan and the Republic of Korea. Sec. 225. Additional funding for foreign military financing in the Indo-Pacific. Sec. 226. Additional funding for international military education and training in the Indo-Pacific. Sec. 227. Prioritizing excess defense article transfers for the Indo-Pacific. Sec. 228. Prioritizing excess naval vessel transfers for the Indo-Pacific. Sec. 229. Sense of Congress on arms exports and human rights. Sec. 230. Enhancing the United States-Taiwan defense relationship. Sec. 231. Report on United States efforts to engage the People’s Republic of China on nuclear issues and ballistic missile issues. Sec. 232. Statement of policy on maritime freedom of operations in inter- national waterways and airspace of the Indo-Pacific and on ar- tificial land features in the South China Sea. Sec. 233. Statement of policy on becoming a state party to the United Nations Convention on the Law of the Sea. Sec. 234. Report on roles, missions, and capabilities of Indo-Pacific partners. Sec. 235. Indo-Pacific maritime security initiative. Sec. 236. Reporting on countries purchasing arms from the People’s Republic of China. Subtitle C—Regional Strategies To Counter the People’s Republic of China Sec. 240. Appropriate congressional committees defined. PART I—WESTERN HEMISPHERE Sec. 241. Sense of Congress regarding United States-Canada relations. Sec. 242. Sense of Congress regarding the Government of China’s arbitrary im- prisonment of Canadian citizens. Sec. 243. Strategy to enhance cooperation with Canada. Sec. 244. Enhancing cooperation between the United States and Canada on technology issues with respect to the People’s Republic of China. Sec. 245. Enhancing United States-Canada-NATO cooperation on defense issues with respect to the People’s Republic of China. Sec. 246. Strategy to strengthen economic competitiveness, governance, human rights, and the rule of law in Latin America and the Carib- bean. Sec. 247. Engagement in regional and international organizations in Latin America and the Caribbean. Sec. 248. Response to the Belt and Road Initiative in Latin America and the Caribbean. Sec. 249. Technological cooperation with Latin American and Caribbean gov- ernments. Sec. 249A. Defense cooperation in Latin America and the Caribbean. Sec. 249B. Engagement with civil society in Latin America and the Caribbean regarding accountability, human rights, and the risks of perva- sive surveillance technologies. PART II—TRANSATLANTIC ALLIANCE Sec. 251. Sense of Congress on the transatlantic alliance. Sec. 252. Strategy requirement. VerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\S4629.IS S4629 SSpencer on DSK126QN23PROD with BILLS 6 •S 4629 IS Sec. 253. Enhancing United States-European Union cooperation on post- COVID–19 economic relations with the People’s Republic of China. Sec. 254. Response to the People’s Republic of China’s Belt and Road Initia- tive. Sec. 255. Enhancing United States-European Union cooperation on technology issues with respect to the People’s Republic of China. Sec. 256. Enhancing United States-European Union-NATO cooperation on de- fense issues with respect to the People’s Republic of China. Sec. 257. Engaging with civil society and enhancing United States-European Union cooperation on democracy and human rights with re- spect to the People’s Republic of China. PART III—SOUTH AND CENTRAL ASIA Sec. 260. Strategy to enhance cooperation with South and Central Asia. PART IV—ASSOCIATION OF SOUTHEAST ASIAN NATIONS Sec. 261. Sense of Congress on cooperation with ASEAN. Sec. 262. ASEAN strategy requirement. Sec. 263. Enhancing United States-ASEAN cooperation on economic relations with the People’s Republic of China. Sec. 264. Enhancing United States-ASEAN cooperation on democracy and human rights with respect to the People’s Republic of China. Sec. 265. Sense of Congress on enhancing United States-ASEAN cooperation on technology issues with respect to the People’s Republic of China. PART V—AFRICA Sec. 271. Assessment of political, economic, and security activity of the People’s Republic of China in Africa. Sec. 272. Increasing the competitiveness of the United States in Africa. Sec. 273. Digital security cooperation with respect to Africa. Sec. 274. Increasing personnel in United States embassies in sub-Saharan Afri- ca focused on the People’s Republic of China. Sec. 275. Support for civil society in Africa. PART VI—MIDDLE EAST AND NORTH AFRICA Sec. 277. Strategy to counter Chinese influence in, and access to, the Middle East and North Africa. Sec. 278. Report on Chinese energy, infrastructure, and economic development in the Middle East and North Africa. Sec. 279. Middle East Partnership Initiative. PART VII—ARCTIC REGION Sec. 281. Arctic Region defined. Sec. 282. Sense of Congress on Arctic security. Sec. 283. Arctic Security Strategy. Subtitle D—Intelligence Matters Sec. 291. Definitions. Sec. 292. Independent review of counterintelligence apparatus and structure of Federal Government. VerDate Sep 11 2014 01:38 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sf [Text truncated for display. Full text available on Congress.gov.]