PUBLIC REPORTING OF CHINESE MILITARY COMPANIES OPERATING IN THE UNITED STATES.

SEC. 1260H. PUBLIC REPORTING OF CHINESE MILITARY COMPANIES OPERATING IN THE UNITED STATES.(a) Determination.—The Secretary of Defense shall identify each entity the Secretary determines, based on the most recent information available, is operating directly or indirectly in the United States or any of its territories and possessions, that is a Chinese military company.(b) Reporting and Publication.—(1) Annual report.—Not later than April 15, 2021, and annually thereafter until December 31, 2030, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a list of each entity identified pursuant to subsection (a) to be a Chinese military company, in classified and unclassified forms, and shall include in such submission, as applicable, an explanation of any entities deleted from such list with respect to a prior list.(2) Concurrent publication.—Concurrent with the submission of each list described in paragraph (1), the Secretary shall publish the unclassified portion of such list in the Federal Register.(3) Ongoing revisions.—The Secretary shall make additions or deletions to the most recent list submitted under paragraph (1) on an ongoing basis based on the latest information available.(c) Consultation.—The Secretary may consult with the head of any appropriate Federal department or agency in making the determinations described in subsection (a) and shall transmit a copy of each list submitted under subsection (b)(1) to the heads of each appropriate Federal department and agency.(d) Definitions.—In this section:(1) Chinese military company.—The term “Chinese military company”—(A) does not include natural persons; and(B) means an entity that is—(i)(I) directly or indirectly owned, controlled, or beneficially owned by, or in an official or unofficial capacity acting as an agent of or on behalf of, the People’s Liberation Army or any other organization 134 STAT. 3966 subordinate to the Central Military Commission of the Chinese Communist Party; or(II) identified as a military-civil fusion contributor to the Chinese defense industrial base; and(ii) engaged in providing commercial services, manufacturing, producing, or exporting.(2) Military-civil fusion contributor.—The term “military-civil fusion contributor” includes any of the following:(A) Entities knowingly receiving assistance from the Government of China or the Chinese Communist Party through science and technology efforts initiated under the Chinese military industrial planning apparatus.(B) Entities affiliated with the Chinese Ministry of Industry and Information Technology, including research partnerships and projects.(C) Entities receiving assistance, operational direction or policy guidance from the State Administration for Science, Technology and Industry for National Defense.(D) Any entities or subsidiaries defined as a “defense enterprise” by the State Council of the People’s Republic of China.(E) Entities residing in or affiliated with a military-civil fusion enterprise zone or receiving assistance from the Government of China through such enterprise zone.(F) Entities awarded with receipt of military production licenses by the Government of China, such as a Weapons and Equipment Research and Production Unit Classified Qualification Permit, Weapons and Equipment Research and Production Certificate, Weapons and Equipment Quality Management System Certificate, or Equipment Manufacturing Unit Qualification.(G) Entities that advertise on national, provincial, and non-governmental military equipment procurement platforms in the People’s Republic of China.(H) Any other entities the Secretary determines is appropriate.(3) People’s liberation army.—The term “People’s Liberation Army” means the land, naval, and air military services, the People’s Armed Police, the Strategic Support Force, the Rocket Force, and any other related security element within the Government of China or the Chinese Communist Party that the Secretary determines is appropriate.