Sec. 1258. Modification of public reporting of Chinese military companies operating in the United States
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Section 1260H of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3965; 10 U.S.C. 113 note) is amended— in subsection (b)— in paragraph (2)— by striking Concurrent with and inserting the following: Concurrent with ; and by adding at the end the following: The publication required by subparagraph
(A)shall include, for each entity included in the unclassified portion of such list, the justification for inclusion in such list. ; and in paragraph (3)— in the paragraph heading, by striking and inserting Ongoing ; and Annual by striking on an ongoing basis and inserting not less frequently than annually ; in subsection (d)— in paragraph (1)— in subparagraph (A), by striking and ; in subparagraph (B)(ii), by striking the period at the end and inserting ; and ; and by adding at the end the following new subparagraph: includes a wholly-owned or wholly-controlled subsidiary or affiliate of such an entity. ; in paragraph (2)— by amending subparagraphs
(A)and
(B)to read as follows: Entities knowingly receiving assistance from the Government of China or the Chinese Communist Party through science, technology, research, and industrial efforts initiated, granted, or created by, or provided under, or related to, the Chinese military industrial planning apparatus, or in furtherance of Chinese military industrial planning objectives, including— any award, honor, incentive, or recognition (including selection or designation as a Single Champion , Little Giant , or any other selection or designation) as an enterprise associated with industrial planning or military-civil fusion efforts; participation in a research, science, or technology conference, event, partnership, or project; or funding or other financial assistance related to a science, technology, research, military, or industrial effort. Entities managed, overseen, or supervised by, otherwise under the control of, or affiliated with (including by means of participation in research partnerships and projects)— the Chinese Ministry of Industry and Information Technology (MIIT); the State-Owned Assets Supervision and Administration Commission of the State Council (SASAC); the State Administration of Science, Technology and Industry for National Defense (SASTIND) or any university, laboratory, or institute supported by or associated with SASTIND; the Ministry of State Security (MSS); or the People’s Liberation Army. ; in subparagraph (F), by striking such as and inserting including ; by redesignating subparagraph
(H)as subparagraph (J); and by inserting after subparagraph
(G)the following new subparagraphs
(H)and (I): Entities participating in conferences, events, or research activities hosted or sponsored by the People’s Liberation Army. Any entity that directly or indirectly produces, researches, or provides a component that is integrated into a weapons system or platform of the People’s Liberation Army. ; in paragraph (3)— by inserting or intelligence after security ; and by inserting , including other Chinese military and paramilitary elements, security forces, police, law enforcement, border control, and the Ministry of State Security before the period at the end; by redesignating paragraph
(3)as paragraph (4); and by inserting after paragraph
(2)the following new paragraph (3): With respect to an entity, the term operating directly or indirectly in the United States or any of its territories and possessions includes an entity selling goods in, or receiving goods or services from, the United States or any of its territories or possessions, regardless of whether the entity has a physical presence in the United States. ; by redesignating subsection
(d)as subsection (g); and by inserting after subsection
(c)the following new subsections: Not later than December 31, 2026, and biennially thereafter through December 31, 2031, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of Department of Defense procurement restrictions on entities included in the list described in subsection (b)(1). Each report required by paragraph
(1)shall include the following: A list of each entity included in the list described in subsection (b)(1) that is likely present in the United States defense industrial base. Available unclassified data on any such entity and its presence within the United States defense industrial base. A description of any update to policies or procedures implemented to enforce procurement restrictions on entities included in the list described in subsection (b)(1). The Secretary shall promulgate such reasonable rules, procedures, and regulations as are necessary to implement this section, including for advance notice, appeal, or deletion of any entity from the list described in subsection (b)(1). The Secretary is authorized to establish or nominate, within the office of Industrial Base Policy of the Office of the Under Secretary of Defense for Acquisition and Sustainment, an office to implement this section and identify civil-military fusion contributors within the People’s Republic of China. .
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- 134 Stat. 3965
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Sec. 1258
Modification of public reporting of Chinese military companies operating in the United States
Stat.134 Stat. 3965
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