Arctic Security and Diplomacy Act

of China ``is pursuing a military build-up, including rapidly expanding its naval capabilities, increasing its use of dual- use military-scientific vessels and surging its presence in the High North and the Arctic, while remaining opaque about its intentions.'' (13) According to the Department of Homeland Security, an unprecedented number of military and research vessels of the People's Republic of China are operating in or near United States Arctic waters. (14) It is in the interests of Arctic countries to cooperatively limit the ability of the People's Republic of China to conduct further espionage in the Arctic. SEC. 3. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning given the term ``Executive agency'' in section 105 of title 5, United States Code. (2) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives. (3) Arctic.--The term ``Arctic'' has the meaning given that term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111). (4) Covered activities.--The term ``covered activities'' means marine surveys that may pose dual-use risks for civilian and military applications, including-- (A) exploration of natural resources; (B) seabed mapping, hydrographic surveys, and oceanographic surveys; (C) data collection related to subsea assets and infrastructure; (D) operation of unmanned maritime systems; and (E) any other activity designated by the Secretary of State as posing a risk to national security. (5) Covered vessel.--The term ``covered vessel'' means a foreign vessel that-- (A) is a vessel of a foreign adversary; or (B) the Secretary of State reasonably believes to be associated with a foreign adversary in a manner that threatens the security of the United States. (6) Exclusive economic zone.--The term ``exclusive economic zone'' means, with respect to the United States, including the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the United States Virgin Islands, and any other territory or possession over which the United States exercises sovereignty, the zone seaward of and adjacent to the territorial sea, including the contiguous zone, and extending 200 nautical miles from the territorial sea baseline (except where otherwise limited by treaty or other agreement recognized by the United States) in which the United States has sovereign rights and jurisdiction. (7) Foreign adversary.--The term ``foreign adversary'' means any foreign government or foreign nongovernment person engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or the security and safety of United States persons, including-- (A) the Democratic People's Republic of Korea; (B) the Islamic Republic of Iran; (C) the People's Republic of China; and (D) the Russian Federation. (8) Foreign vessel.--The term ``foreign vessel'' means any vessel that is-- (A) owned, operated, or chartered by a foreign government; (B) owned or controlled by an entity organized under the laws of, headquartered in, or otherwise subject to the jurisdiction of a foreign country; or (C) registered under the flag of a foreign country. (9) Intelligence community.--The term ``intelligence community'' has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). (10) Marine scientific research.--The term ``marine scientific research'' means any activity that is-- (A) undertaken in the ocean to expand knowledge of the marine environment and its processes, including data collection activities; and (B) regulated by the United States under the Presidential Proclamation on Revision to United States Marine Scientific Research Policy of September 2020. (11) Territorial sea.--The term ``territorial sea'' means the waters extending to 12 nautical miles from the baselines of the United States. (12) United states waters.--The term ``United States waters'' means-- (A) the territorial sea of the United States; (B) the exclusive economic zone of the United States; and (C) the continental shelf of the United States, as it pertains to marine scientific research and other activities on the seabed or subsoil. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States-- (1) to limit espionage and influence operations by foreign adversaries in the Arctic and in United States waters; (2) to inform allied countries with a presence in the Arctic about the espionage and influence operations of foreign adversaries in the Arctic, including espionage through covered activities; (3) to condition support from the Federal Government for marine surveys on cooperation with counterespionage in the Arctic and in United States waters, including limitations on information sharing of data obtained through covered activities in the Arctic and in United States waters; and (4) to leverage all appropriate diplomatic means available to ensure the security of the Arctic and the sovereignty of United States waters through the enforcement of section 6, including through-- (A) demarches; (B) public condemnations; (C) diplomatic sanctions; (D) coordination of multilateral diplomatic pressure; (E) motions to remove an offending country from Arctic-related multilateral bodies and cooperatives; and (F) any other diplomatic means authorized by law. SEC. 5. STRATEGY. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of the elements of the intelligence community and the Secretary of Homeland Security, shall produce a strategy to identify and combat espionage and influence operations by foreign adversaries in the Arctic. (b) Elements.--The strategy required by paragraph (1) shall include-- (1) identifying and countering espionage activities in the Arctic; (2) diplomatic methods to enforce section 6; and (3) as appropriate, enlistment of and coordination with allied countries that have a presence in the Arctic to combat espionage by foreign adversaries. SEC. 6. MARINE SCIENTIFIC RESEARCH IN UNITED STATES WATERS. (a) In General.--No foreign scientist may conduct a maritime scientific research project in United States waters without prior consent from the United States Government provided in accordance with this section and with appropriate international customs as determined by the Secretary of State. (b) Requirements; Applications.--The Secretary of State, in coordination with the heads of the elements of the intelligence community and the Secretary of Homeland Security, shall-- (1) require foreign vessels to obtain prior consent to conduct maritime scientific research in United States waters; and (2) implement a process for reviewing applications for such consent. (c) Information Sharing.--To facilitate the process for reviewing applications to conduct maritime scientific research under this section, the head of each agency shall share information related to such maritime scientific research with the Department of State unless otherwise prohibited by law. (d) Prohibition on Covered Vessels.--Except as provided in subsection (e), the Secretary of State shall not approve any application submitted under this section for any covered vessel. (e) National Interest Waiver.-- (1) In general.--The Secretary of State may waive the prohibition in subsection (d) on an individual basis if the Secretary determines that doing so is the national interest of the United States. (2) Notice required.--Not later than 5 days after any issuance of a waiver under paragraph (1), the Secretary of State shall submit to the appropriate committees of Congress written notice describing the waiver. (f) Congressional Notification.--Not later than 15 days after the date of any violation of subsection (a), the Secretary of State shall notify the appropriate committees of Congress of such violation, including-- (1) the country affiliation of the foreign scientist; (2) the nature of the violation; and (3) subsequent action by the Federal Government to address the violation. SEC. 7. REPORT. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of the elements of the intelligence community and the Secretary of Homeland Security, shall submit to the appropriate committees of Congress a report on espionage and influence operations by foreign adversaries in the Arctic and in United States waters. (b) Elements.--The report required by subsection (a) shall include the following: (1) An assessment of the extent to which covered activities support espionage and influence operations by foreign adversaries in the Arctic and in United States waters. (2) A description of United States Government support for covered activities in the Arctic that involve foreign adversaries, including-- (A) funding; (B) public-private partnerships; (C) maritime security; (D) technical assistance; (E) information sharing; and (F) any other form of material or technical support. (3) A description of efforts by the Secretary of State to enlist allied countries with a presence in the Arctic to combat espionage in the Arctic by foreign adversaries. (4) Recommendations for combating such espionage. (c) Form.--The report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex. (d) Availability.--The report required by subsection (a) shall be made available on request to any Member of Congress. <all>