[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 987 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 987
To implement the recommendations of the U.S.-China Economic and
Security Review Commission, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 2, 2019
Mr. Coons (for himself, Mr. Romney, and Mr. Kaine) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
_______________________________________________________________________
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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