[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2565 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 2565

    To implement the recommendations of the U.S.-China Economic and 
          Security Review Commission, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2019

 Mr. Sherman (for himself and Mr. Gallagher) introduced the following 
  bill; which was referred to the Committee on Ways and Means, and in 
 addition to the Committees on Foreign Affairs, Oversight and Reform, 
  the Judiciary, Intelligence (Permanent Select), Armed Services, and 
Energy and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To implement the recommendations of the U.S.-China Economic and 
          Security Review Commission, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``U.S.-China Economic and Security 
Review Act of 2019''.

SEC. 2. ANNUAL REPORT ON SUPPLY CHAIN VULNERABILITIES RELATED TO THE 
              PEOPLE'S REPUBLIC OF CHINA.

    Section 3603 of title 44, United States Code, is amended by adding 
at the end the following:
    ``(g)(1) In this subsection, the term `Internet of Things' means 
physical devices embedded with sensors that can collect data and 
connect to each other and the broader internet.
    ``(2) Not later than 180 days after the date of the enactment of 
this subsection, and not less frequently than annually thereafter, the 
Chief Information Officers Council shall submit to Congress a report on 
supply chain vulnerabilities related to the People's Republic of China 
that includes the following:
            ``(A) An assessment of the supply chain risk posed by the 
        People's Republic of China to each Federal agency.
            ``(B) A description of how each Federal agency is 
        mitigating the supply chain risk posed by the People's Republic 
        of China.
            ``(C) An assessment of the existing procurement and 
        security policies and guidance of each Federal agency with 
        respect to cybersecurity, operations security, physical 
        security, information security, and data security that may 
        affect information and communications technology, fifth 
        generation mobile networks (commonly known as `5G networks'), 
        and the Internet of Things, that describes the following:
                    ``(i) Areas for which new policies and guidance may 
                be needed, including for specific information and 
                communications technology, 5G networks, and the 
                Internet of Things, including applications or 
                procedures related to the Internet of Things.
                    ``(ii) Areas for which existing security policies 
                and guidance can be updated to address vulnerabilities 
                with respect to supply chain security, cybersecurity, 
                operations security, physical security, information 
                security, and data security.''.

SEC. 3. REPORT ON WTO PROCEEDINGS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the United States Trade Representative shall 
submit to Congress a report assessing whether it is in the national 
interests of the United States to file, in coordination with allies and 
partners of the United States, a complaint against the People's 
Republic of China at the World Trade Organization under section 1 of 
Article XXIII of GATT 1994 alleging that the People's Republic of China 
has--
            (1) nullified or impaired a benefit accruing to the United 
        States under the WTO Agreement without violating that 
        Agreement; and
            (2) committed other specific violations of commitments 
        under that Agreement.
    (b) Definitions.--In this section, the terms ``GATT 1994'' and 
``WTO Agreement'' have the meanings given those terms in section 2 of 
the Uruguay Round Agreements Act (19 U.S.C. 3501).

SEC. 4. REPORT ON INTIMIDATION OF UNITED STATES RESIDENTS.

    Not later than 180 days after the date of the enactment of this 
Act, the Attorney General shall submit to Congress a report explaining 
whether, and if so, how, the Department of Justice is utilizing Federal 
criminal law, including section 241 of title 18, United States Code 
(relating to conspiracy against rights), to prosecute affiliates of the 
Chinese Communist Party who threaten, coerce, or otherwise intimidate 
United States residents.

SEC. 5. CLEAR LABELING FOR INFORMATIONAL MATERIALS DISTRIBUTED ON 
              BEHALF OF FOREIGN PRINCIPALS.

    Section 4(b) of the Foreign Agents Registration Act of 1938 (22 
U.S.C. 614(b)) is amended by adding at the end the following: 
``Informational materials which are required to be labeled under this 
subsection and which are in the form of prints shall be marked or 
stamped conspicuously at the top of the first page of such materials 
with a statement in the language or languages used therein, setting 
forth such information as is required under this subsection.''.

SEC. 6. NATIONAL INTELLIGENCE ESTIMATE ON ACCESS AND BASING FACILITIES 
              OF THE PEOPLE'S REPUBLIC OF CHINA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to Congress a National Intelligence Estimate on the access and 
basing facilities of the People's Republic of China.
    (b) Contents.--The National Intelligence Estimate submitted under 
subsection (a) shall include a description of the effect of existing 
and potential access and basing facilities of the People's Republic of 
China along the Silk Road Economic Belt and the New Maritime Silk Road 
on the following:
            (1) Freedom of navigation and sea control, in peacetime and 
        during periods of conflict.
            (2) The regional political and security interests of the 
        United States and allies of the United States.
    (c) Form.--The National Intelligence Estimate submitted under 
subsection (a) shall be submitted in unclassified form, but may include 
a classified annex.

SEC. 7. ANNUAL REPORT ON INFLUENCE AND PROPAGANDA ACTIVITIES OF THE 
              CHINESE COMMUNIST PARTY IN THE UNITED STATES.

    (a) In General.--Title IX of the Intelligence Authorization Act for 
Fiscal Year 2003 (Public Law 107-306) is amended by adding at the end 
the following:

``SEC. 905. ANNUAL REPORT ON INFLUENCE AND PROPAGANDA ACTIVITIES OF THE 
              CHINESE COMMUNIST PARTY IN THE UNITED STATES.

    ``(a) Annual Report Required.--Not later than 180 days after the 
date of the enactment of this section, and not less frequently than 
annually thereafter, the Director of the National Counterintelligence 
and Security Center shall submit to Congress a report on the influence 
and propaganda activities of the Chinese Communist Party in the United 
States.
    ``(b) Form.--The report submitted under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 
107-306) is amended by inserting after the item relating to section 904 
the following:

``Sec. 905. Annual report on influence and propaganda activities of the 
                            Chinese Communist Party in the United 
                            States.''.

SEC. 8. REPORT ON THE CHINA COAST GUARD.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense and the Secretary of 
Homeland Security shall jointly submit to the appropriate congressional 
committees a report on the China Coast Guard (referred to in this 
section as the ``CCG'').
    (b) Contents.--The report submitted under subsection (a) shall 
include an assessment of the following:
            (1) How the change in the command structure of the CCG 
        affects the status of the CCG as a law enforcement entity 
        considering that the CCG now reports to the Central Military 
        Commission.
            (2) The implications of the new command structure of the 
        CCG with respect to the use of the CCG as a coercive tool in 
        ``gray zone'' activity in the East China Sea and the South 
        China Sea.
            (3) How the change in the command structure of the CCG may 
        affect interactions between the United States Navy and the 
        United States Coast Guard and the China Coast Guard.
            (4) Whether the China Coast Guard should be designated as a 
        military force by the Secretary of Defense and the Secretary of 
        Homeland Security.
    (c) Form.--The report submitted under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations, the Committee on 
        Armed Services, the Committee on Homeland Security and 
        Governmental Affairs, and the Committee on Appropriations of 
        the Senate; and
            (2) the Committee on Foreign Affairs, the Committee on 
        Armed Services, the Committee on Homeland Security, and the 
        Committee on Appropriations of the House of Representatives.

SEC. 9. REPORT ON STEPS TO PROTECT 5G NETWORKS.

    Not later than 180 days after the date of the enactment of this 
Act, the Assistant Secretary of Commerce for Communications and 
Information and the Federal Communications Commission shall jointly 
submit to Congress a report that includes the following:
            (1) The steps required to ensure the rapid and secure 
        deployment of fifth generation mobile networks (commonly known 
        as ``5G networks''), with a particular focus on the threat 
        posed by equipment and services designed or manufactured in the 
        People's Republic of China.
            (2) How the executive branch agencies are implementing the 
        steps described in paragraph (1).
            (3) Any new statutory authorities that may be required to 
        ensure the security of domestic 5G networks.

SEC. 10. GAO REPORT ON UNITED STATES-CHINA TECHNICAL COOPERATION.

    (a) Assessment.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct an assessment of collaborative initiatives 
        between the United States and the People's Republic of China 
        relating to technical cooperation.
            (2) Duties.--In carrying out the assessment required by 
        paragraph (1), the Comptroller General shall--
                    (A) describe the nature of technical cooperation 
                between the United States and the People's Republic of 
                China, including funding, participation, and reporting 
                on the outcomes;
                    (B) detail the licensing and regulatory regime 
                under which collaborative initiatives described in 
                paragraph (1) occur;
                    (C) consider whether the intellectual property 
                rights of researchers and entities of the United States 
                are being adequately protected;
                    (D) examine whether state-owned enterprises or the 
                military of the People's Republic of China are 
                benefitting from research funded by the taxpayers of 
                the United States;
                    (E) investigate if any researchers of the People's 
                Republic of China participating in collaborative 
                initiatives described in paragraph (1) have ties to the 
                Government or the military of the People's Republic of 
                China;
                    (F) investigate if any institutions of higher 
                education, laboratories, or other entities of the 
                United States participating in collaboration led by the 
                Government of the United States with the People's 
                Republic of China have been subject to cyber 
                penetration originating in the People's Republic of 
                China;
                    (G) evaluate the benefits of the collaboration for 
                the United States; and
                    (H) examine redundancies, if any, among various 
                government-led collaborative programs between the 
                United States and the People's Republic of China, and 
                make suggestions for improving technical collaboration.
    (b) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to Congress 
a report on the assessment required by subsection (a)(1).

SEC. 11. REPORT ON CHINESE ENFORCEMENT OF SANCTIONS AGAINST NORTH 
              KOREA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Treasury shall submit to 
Congress a report on the current state of the enforcement by the 
Government of the People's Republic of China of sanctions imposed by 
the United Nations with respect to the Democratic People's Republic of 
Korea.
    (b) Form.--The report submitted under subsection (a) shall be 
submitted in unclassified form but shall include a classified annex 
that includes the following:
            (1) A list of financial institutions, other entities, and 
        officials of the People's Republic of China for which sanctions 
        may be imposed with respect to the Democratic People's Republic 
        of Korea.
            (2) Whether the Government of the United States has imposed 
        sanctions with respect to any institution, entity, or official 
        described paragraph (1) and, if so, an identification of such 
        institution, entity, or official.
            (3) Whether any foreign country has imposed sanctions with 
        respect to any institution, entity, or official described in 
        paragraph (1) and, if so, an identification of such 
        institution, entity, or official.

SEC. 12. REPORT ON TRADE-DISTORTING PRACTICES OF THE PEOPLE'S REPUBLIC 
              OF CHINA.

    Not later than 180 days after the date of the enactment of this 
Act, the United States Trade Representative shall submit to Congress a 
report that includes the following:
            (1) An identification of the trade-distorting practices of 
        the state-owned enterprises of the People's Republic of China.
            (2) A description of how the Office of the United States 
        Trade Representative is counteracting the anticompetitive 
        impact of the practices described in paragraph (1).
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