[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7895-S7896]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4376. Mr. MERKLEY (for himself and Mr. Rubio) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle E of title XII, add the following:

     SEC. 1253. CHINA CENSORSHIP MONITOR AND ACTION GROUP.

       (a) Definitions.--In this section:
       (1) Qualified research entity.--The term ``qualified 
     research entity'' means an entity that--
       (A) is a nonpartisan research organization or a federally 
     funded research and development center;
       (B) has appropriate expertise and analytical capability to 
     write the report required under subsection (c); and
       (C) is free from any financial, commercial, or other 
     entanglements, which could undermine the independence of such 
     report or create a conflict of interest or the appearance of 
     a conflict of interest, with--
       (i) the Government of the People's Republic of China;
       (ii) the Chinese Communist Party;
       (iii) any company incorporated in the People's Republic of 
     China or a subsidiary of any such company; or
       (iv) any company or entity incorporated outside of the 
     People's Republic of China that is believed to have a 
     substantial financial or commercial interest in the People's 
     Republic of China.
       (2) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity.
       (b) China Censorship Monitor and Action Group.--

[[Page S7896]]

       (1) In general.--The President shall establish an 
     interagency task force, which shall be known as the ``China 
     Censorship Monitor and Action Group'' (referred to in this 
     subsection as the ``Task Force'').
       (2) Membership.--The President shall--
       (A) appoint the chair of the Task Force from among the 
     staff of the National Security Council;
       (B) appoint the vice chair of the Task Force from among the 
     staff of the National Economic Council; and
       (C) direct the head of each of the following executive 
     branch agencies to appoint personnel to participate in the 
     Task Force:
       (i) The Department of State.
       (ii) The Department of Commerce.
       (iii) The Department of the Treasury.
       (iv) The Department of Justice.
       (v) The Office of the United States Trade Representative.
       (vi) The Office of the Director of National Intelligence, 
     and other appropriate elements of the intelligence community 
     (as defined in section 3 of the National Security Act of 1947 
     (50 U.S.C. 3003).
       (vii) The Federal Communications Commission.
       (viii) The United States Agency for Global Media.
       (ix) Other agencies designated by the President.
       (3) Responsibilities.--The Task Force shall--
       (A) oversee the development and execution of an integrated 
     Federal Government strategy to monitor and address the 
     impacts of efforts directed, or directly supported, by the 
     Government of the People's Republic of China to censor or 
     intimidate, in the United States or in any of its possessions 
     or territories, any United States person, including United 
     States companies that conduct business in the People's 
     Republic of China, which are exercising their right to 
     freedom of speech; and
       (B) submit the strategy developed pursuant to subparagraph 
     (A) to the appropriate congressional committees not later 
     than 120 days after the date of the enactment of this Act.
       (4) Meetings.--The Task Force shall meet not less 
     frequently than twice per year.
       (5) Consultations.--The Task Force should regularly 
     consult, to the extent necessary and appropriate, with--
       (A) Federal agencies that are not represented on the Task 
     Force;
       (B) independent agencies of the United States Government 
     that are not represented on the Task Force;
       (C) relevant stakeholders in the private sector and the 
     media; and
       (D) relevant stakeholders among United States allies and 
     partners facing similar challenges related to censorship or 
     intimidation by the Government of the People's Republic of 
     China.
       (6) Reporting requirements.--
       (A) Annual report.--The Task Force shall submit an annual 
     report to the appropriate congressional committees that 
     describes, with respect to the reporting period--
       (i) the strategic objectives and policies pursued by the 
     Task Force to address the challenges of censorship and 
     intimidation of United States persons while in the United 
     States or any of its possessions or territories, which is 
     directed or directly supported by the Government of the 
     People's Republic of China;
       (ii) the activities conducted by the Task Force in support 
     of the strategic objectives and policies referred to in 
     clause (i); and
       (iii) the results of the activities referred to in clause 
     (ii) and the impact of such activities on the national 
     interests of the United States.
       (B) Form of report.--Each report submitted pursuant to 
     subparagraph (A) shall be unclassified, but may include a 
     classified annex.
       (C) Congressional briefings.--Not later than 90 days after 
     the date of the enactment of this Act, and annually 
     thereafter, the Task Force shall provide briefings to the 
     appropriate congressional committees regarding the activities 
     of the Task Force to execute the strategy developed pursuant 
     to paragraph (3)(A).
       (c) Report on Censorship and Intimidation of United States 
     Persons by the Government of the People's Republic of 
     China.--
       (1) Report.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     select and seek to enter into an agreement with a qualified 
     research entity that is independent of the Department of 
     State to write a report on censorship and intimidation in the 
     United States and its possessions and territories of United 
     States persons, including United States companies that 
     conduct business in the People's Republic of China, which is 
     directed or directly supported by the Government of the 
     People's Republic of China.
       (B) Matters to be included.--The report required under 
     subparagraph (A) shall--
       (i) assess major trends, patterns, and methods of the 
     Government of the People's Republic of China's efforts to 
     direct or directly support censorship and intimidation of 
     United States persons, including United States companies that 
     conduct business in the People's Republic of China, which are 
     exercising their right to freedom of speech;
       (ii) assess, including through the use of illustrative 
     examples, as appropriate, the impact on and consequences for 
     United States persons, including United States companies that 
     conduct business in the People's Republic of China, that 
     criticize--

       (I) the Chinese Communist Party;
       (II) the Government of the People's Republic of China;
       (III) the authoritarian model of government of the People's 
     Republic of China; or
       (IV) a particular policy advanced by the Chinese Communist 
     Party or the Government of the People's Republic of China;

       (iii) identify the implications for the United States of 
     the matters described in clauses (i) and (ii);
       (iv) assess the methods and evaluate the efficacy of the 
     efforts by the Government of the People's Republic of China 
     to limit freedom of expression in the private sector, 
     including media, social media, film, education, travel, 
     financial services, sports and entertainment, technology, 
     telecommunication, and internet infrastructure interests;
       (v) include policy recommendations for the United States 
     Government, including recommendations regarding collaboration 
     with United States allies and partners, to address censorship 
     and intimidation by the Government of the People's Republic 
     of China; and
       (vi) include policy recommendations for United States 
     persons, including United States companies that conduct 
     business in China, to address censorship and intimidation by 
     the Government of the People's Republic of China.
       (C) Applicability to united states allies and partners.--To 
     the extent practicable, the report required under 
     subparagraph (A) should identify implications and policy 
     recommendations that are relevant to United States allies and 
     partners facing censorship and intimidation directed or 
     directly supported by the Government of the People's Republic 
     of China.
       (2) Submission of report.--
       (A) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit the report written by the qualified research entity 
     selected pursuant to paragraph (1)(A) to the appropriate 
     congressional committees.
       (B) Publication.--The report referred to in subparagraph 
     (A) shall be made accessible to the public online through 
     relevant United States Government websites.
       (3) Federal government support.--The Secretary of State and 
     other Federal agencies selected by the President shall 
     provide the qualified research entity selected pursuant to 
     paragraph (1)(A) with timely access to appropriate 
     information, data, resources, and analyses necessary for such 
     entity to write the report described in paragraph (1)(A) in a 
     thorough and independent manner.
       (d) Sunset.--This section shall terminate on the date that 
     is 5 years after the date of the enactment of this Act.
                                 ______