Review of science and technology agreement with the People’s Republic of China

(a) Security review Not later than 90 days after the date of the enactment of this Act, the Secretary, in coordination with relevant Federal science agencies and the intelligence community, shall conduct a security review of the United States-China Science and Technology Cooperation Agreement (STA). The review shall include the following elements: (1) An assessment of the potential risks of maintaining the STA, including the transfer under such agreement of technology or intellectual property capable of harming the national security interests of the United States. (2) An assessment of the Secretary of State’s ability to monitor compliance of the People’s Republic of China’s commitments established under the STA. (3) An evaluation of the benefits of the STA agreement to the economy, military, and industrial base of the People’s Republic of China and the United States. (4) An evaluation of the value of the information and data the United States Government receives under the STA related to the People’s Republic of China that the United States otherwise would not have access to should it withdraw its participation in the STA. (b) Report Not later than 30 days after completion of the review of the STA required in subsection (a), the Secretary shall submit to the appropriate committees of Congress a report detailing the findings of the review. The report shall be submitted in unclassified form, but may include a classified annex. (c) Certification Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall certify to the appropriate committees of Congress whether it is in the national security interest of the United States to maintain its participation in the STA through its current duration. (d) Guidance If Secretary certifies that it is no longer in the national security interest of the United States to maintain its participation in the STA, the Secretary shall, not later than 90 days after submitting the certification, and in coordination with the heads of relevant Federal agencies, promulgate guidance on United States Federal agency interactions with counterpart agencies in the People’s Republic of China. (e) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Foreign Relations, the Committee on Commerce, Science of Technology, and the Committee on Judiciary of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Energy and Commerce, and the Committee on Judiciary of the House of Representatives. (2) Intelligence community The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). (3) STA The term STA means the Agreement between the Government of the United States of America and the Government of the People’s Republic of China on Cooperation in Science and Technology, signed at Washington January 31, 1979, its protocols, and any implementing agreements entered into pursuant to such Agreement on or before the date of the enactment of this Act.