Sec. 401. Requirements relating to the Non-SDN Chinese Military-Industrial Complex Companies List

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Not later than two years after the date of the enactment of this Act, and biennially thereafter for six years, the President shall submit to the appropriate congressional committees a report that states whether any of the following foreign persons qualifies for inclusion on the Non-SDN Chinese Military-Industrial Complex Companies List: Any PRC person listed on the Military End-User List (Supplement No. 7 to part 744 of the Export Administration Regulations). Any PRC person listed pursuant to section 1260H of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 10 U.S.C. 113 note). Any PRC person listed on the Department of Commerce’s Entity List (Supplement No. 4 to part 744 of the Export Administration Regulations). Any PRC person listed on the Federal Communications Commission’s Covered List pursuant to the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1601 ). Any PRC person listed on the Uyghur Forced Labor Prevention Act Entity List pursuant to the Act entitled An Act to ensure that goods made with forced labor in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China do not enter the United States market, and for other purposes , approved December 23, 2021 ( Public Law 117–78 ; 22 U.S.C. 6901 note) (commonly referred to as the Uyghur Forced Labor Prevention Act ). To prepare the reports required by paragraph (1), the President shall establish a process under which the Federal agencies responsible for administering the lists described in subparagraphs (A), (B), and

(C)of paragraph

(1)shall share with each other all relevant information that led to the identification of the entities described in such lists. In making the initial determinations under paragraph (1), the Secretary may establish a risk-based prioritization framework factoring in prioritization of entity review submitted to the Secretary by the Federal agencies administering the lists described in subparagraphs (A), (B), and

(C)of paragraph (1). The report under paragraph

(1)may summarize findings concerning entities previously reviewed pursuant to this section that do not necessitate additional review by the Secretary. The Secretary shall include in the report required by paragraph

(1)an overview of the criteria required for listing on the Non-SDN Chinese Military-Industrial Complex Companies List. The heads of the Federal agencies administering the lists described in subparagraphs (A), (B), and

(C)of paragraph

(1)shall provide to the Secretary for use in the report an overview of the criteria for entity identification or listing on each respective list. In this section: The term appropriate congressional committees means— the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives; and the Committee on Banking, Housing, and Urban Affairs of the Senate. The term country of concern — means the People’s Republic of China; and includes the Hong Kong Special Administrative Region and the Macau Special Administrative Region. The term Non-SDN Chinese Military-Industrial Complex Companies List means the list maintained by the Office of Foreign Assets Control of the Department of the Treasury under Executive Order 13959, as amended by Executive Order 14032 ( 50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance certain companies of the People’s Republic of China), and any successor order. The term PRC person means a foreign person that— is incorporated in a principal place of business in, or is organized under the laws of, a country of concern; is a member of the Central Committee of the Chinese Communist Party; is the state or the government of a country of concern, as well as any political subdivision, agency, or instrumentality thereof; or is owned in the aggregate, directly or indirectly, 50 percent or more by an entity or a group of entities described in subparagraph (A), (B), or (C).

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