118 HR 1157 IH: Countering the PRC Malign Influence Fund Authorization Act of 2023
U.S. House of Representatives
2023-02-24
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I
118th CONGRESS
1st Session
H. R. 1157
IN THE HOUSE OF REPRESENTATIVES
February 24, 2023
Mr. Barr introduced the following bill; which was referred to the Committee on Foreign Affairs
A BILL
To provide for the authorization of appropriations for the Countering the People’s Republic of China Malign Influence Fund, and for other purposes.
1.

Short title
This Act may be cited as the “Countering the PRC Malign Influence Fund Authorization Act of 2023”.
2.

Authorization of appropriations for Countering the People’s Republic of China Malign Influence Fund
(a)

Countering the People’s Republic of China Malign Influence Fund
(1)

In general
There is authorized to be appropriated $325,000,000 for each of fiscal years 2023 through 2027 for the Countering the People’s Republic of China Malign Influence Fund to counter the malign influence of the Chinese Communist Party and the Government of the People’s Republic of China and entities acting on their behalf globally.
(2)

Availability; amounts in addition to other amounts
Amounts appropriated pursuant to the authorization of appropriations under paragraph (1)—
(A)
are authorized to remain available until expended; and
(B)
shall be in addition to amounts otherwise authorized to be appropriated for the purposes described in paragraph (1).
(b)

Consultation required
The obligation of funds appropriated pursuant to the authorization of appropriations under subsection (a) or otherwise made available for the purposes described in subsection (a)(1) shall be subject to prior consultation with, and consistent with section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1), the regular notification procedures of—
(1)
the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and
(2)
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
(c)

Policy guidance, coordination, and approval
(1)

Coordinator
The Secretary of State shall designate an existing senior official of the Department of State to provide policy guidance, coordination, and approval for the obligation of funds appropriated pursuant to the authorization of appropriations under subsection (a).
(2)

Assistant coordinator
The Administrator of the United States Agency for International Development shall designate an existing senior official of the United States Agency for International Development to assist and consult with the senior official of the Department of State designated pursuant to paragraph (1).
(3)

Duties
The senior official of the Department of State designated pursuant to paragraph (1) shall be responsible for—
(A)
on an annual basis, the identification of specific strategic priorities for using funds appropriated pursuant to the authorization of appropriations under subsection (a), such as geographic areas of focus or functional categories of programming that funds are to be concentrated within, consistent with the national interests of the United States and the purposes of this section;
(B)
the coordination and approval of all programming conducted using such funds, based on an assessment that such programming directly counters the malign influence of the Chinese Communist Party or the Government of the People’s Republic of China, including specific activities or policies advanced by the Chinese Communist Party or the Government of the People’s Republic of China and entities acting on their behalf globally, pursuant to the strategic objectives of the United States, as established in the 2017 National Security Strategy, the 2018 National Defense Strategy, and other relevant national and regional strategies as appropriate;
(C)
ensuring that all programming approved bears a sufficiently direct nexus to such activities of the Chinese Communist Party or the Government of the People’s Republic of China described in subsection (d) and adheres to the requirements outlined in subsection (e); and
(D)
conducting oversight, monitoring, and evaluation of the effectiveness of all programming conducted using such funds to ensure that it advances United States interests and degrades the ability of the Chinese Communist Party or the Government of the People’s Republic of China, to advance activities that align with subsection (d) of this section.
(4)

Interagency coordination
The senior official of the Department of State designated pursuant to paragraph (1) shall, in coordinating and approving programming pursuant to paragraph (2), seek—
(A)
to conduct appropriate interagency consultation; and
(B)
to ensure, to the maximum extent practicable, that all approved programming functions in concert with other Federal activities to counter the malign influence of the Chinese Communist Party or the Government of the People’s Republic of China.
(d)

Malign influence
In this section, the term “malign influence”, with respect to the Chinese Communist Party or the Government of the People’s Republic of China, shall be construed to include acts conducted by the Chinese Communist Party or the Government of the People’s Republic of China, or entities acting on their behalf that—
(1)
undermine a free and open international order;
(2)
advance an alternative, repressive international order that bolsters the Chinese Communist Party’s or the Government of the People’s Republic of China’s hegemonic ambitions and is characterized by coercion and dependency;
(3)
undermine the national security or sovereignty of the United States or other countries; or
(4)
undermine the economic security of the United States or other countries, including by promoting corruption and advancing coercive economic practices.
(e)

Countering malign influence
In this section, countering malign influence through the use of funds appropriated pursuant to the authorization of appropriations under subsection (a) shall include efforts—
(1)
to promote transparency and accountability, and reduce corruption, including in governance structures targeted by the malign influence of the Chinese Communist Party or the Government of the People’s Republic of China;
(2)
to support civil society and independent media to raise awareness of and increase transparency regarding the negative impact of activities related to the Belt and Road Initiative, associated initiatives, other economic initiatives with strategic or political purposes, and coercive economic practices;
(3)
to counter transnational criminal networks that benefit, or benefit from, the malign influence of the Chinese Communist Party or the Government of the People’s Republic of China;
(4)
to encourage economic development structures that help protect against predatory lending schemes, including support for market-based alternatives in key economic sectors, such as digital economy, energy, and infrastructure;
(5)
to counter activities that provide undue influence to the security forces of the People’s Republic of China;
(6)
to expose misinformation and disinformation of the Chinese Communist Party’s or the Government of the People’s Republic of China’s propaganda, including through programs carried out by the Global Engagement Center; and
(7)
to counter efforts by the Chinese Communist Party or the Government of the People’s Republic of China to legitimize or promote authoritarian ideology and governance models.
(f)

Annual summary
Not later than September 30, 2023, and annually thereafter for 5 years, the senior official of the Department of State designated pursuant to subsection (c)(1) shall submit to the congressional committees specified in paragraphs (1) and (2) of subsection (b), a summary identifying each activity or program approved pursuant to subsection (c), and shall include—
(1)
for each program or activity, an identification of the country or regional location of the program or activity;
(2)
for each program or activity, whether the program or activity was ongoing prior to receiving support from funds from the Countering People’s Republic of China Malign Influence Fund, or any predecessor resource intended for the same or substantially similar purpose;
(3)
for each program or activity, an identification of the acts described in subsection (d) that such program or activity is intended to counter; and
(4)
a table identifying the respective allocation of all programs or activities approved during that fiscal year across accounts and regional or functional bureaus.