[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5244-S5245]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5759. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 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 D of title XII of division A, add 
     the following:

     SEC. 1254. AMENDMENT TO THE MUTUAL EDUCATIONAL AND CULTURAL 
                   EXCHANGE ACT OF 1961.

       The Mutual Educational and Cultural Exchange Act of 1961 
     (22 U.S.C. 2451 et seq.) is amended by inserting after 
     section 108A the following:

     ``SEC. 108B. REPORTING REQUIREMENTS WITH RESPECT TO 
                   PARTICIPATION BY UNITED STATES ENTITIES IN 
                   CULTURAL EXCHANGE PROGRAMS INVOLVING THE 
                   PEOPLE'S REPUBLIC OF CHINA.

       ``(a) Sense of Congress.--It is the sense of Congress that 
     State and local entities in the United States and other 
     organizations and individuals in the United States who 
     sponsor, carry out, or otherwise participate in cultural, 
     educational, and economic exchange programs with the People's 
     Republic of China should adopt measures that facilitate 
     rigorous oversight of such programs, including compliance 
     with the oversight requirements described in this section, as 
     applicable.
       ``(b) Initial Certification to Congress.--Not later than 5 
     days after entering into an

[[Page S5245]]

     agreement to establish or reestablish any cultural exchange 
     program that involves the Government of the People's Republic 
     of China pursuant to section 108A, the Secretary of State 
     shall certify to the appropriate congressional committees 
     that--
       ``(1) establishing or reestablishing such program is in the 
     national interests of the United States;
       ``(2) such program will adhere to the purposes set forth in 
     section 101; and
       ``(3) the Department of State has established mechanisms 
     requiring each United States entity carrying out or otherwise 
     participating in such program to submit an annual report to 
     the Department of State (and make such report publicly 
     available) that includes--
       ``(A) the total number of cultural exchange programs 
     conducted by the entity;
       ``(B) a description and purpose of each such program;
       ``(C) an agenda or itinerary that describes the activities 
     engaged in by program participants; and
       ``(D) a list of participants in each such program, 
     including the names and professional affiliation of the 
     participants.
       ``(c) Annual Certifications to Congress.--
       ``(1) In general.--Not later than 1 year after establishing 
     or reestablishing a cultural exchange program described in 
     subsection (b), and annually thereafter through fiscal year 
     2027, the Secretary of State shall submit a certification to 
     the appropriate congressional committees that indicates 
     whether--
       ``(A) the continuation of such program is in the national 
     interests of the United States;
       ``(B) such program is adhering to the purposes set forth in 
     section 101; and
       ``(C) the mechanisms described in subsection (b)(3) provide 
     the Department sufficient transparency and oversight of each 
     program.
       ``(2) Failure to certify.--If the Secretary of State fails 
     to certify that all of the requirements under paragraph (1) 
     have been met with respect to a program described in 
     subsection (b), the Secretary shall suspend or terminate the 
     corresponding agreement described in subsection (b).
       ``(d) Transparency Report.--
       ``(1) In general.--The Secretary of State shall include, 
     with the annual certification required under subsection (c), 
     a detailed summary of the reporting received pursuant to 
     subsection (b)(3) from United States entities that are 
     carrying out or otherwise participating in any cultural 
     exchange program that involves the Government of the People's 
     Republic of China pursuant to section 108A.
       ``(2) Matters to be included.--The summary required under 
     paragraph (1) shall include, for the reporting period--
       ``(A) the total number of cultural exchange programs 
     conducted;
       ``(B) the total number of participants in such cultural 
     exchange programs;
       ``(C) a list of the names and professional affiliations of 
     such participants;
       ``(D) an overview of the cultural exchange programs, 
     including the inclusion of not fewer than 3 sample 
     itineraries and illustrative examples of activities in which 
     participants engaged;
       ``(E) an assessment of whether the cultural programs 
     conducted during the reporting period adhere to purposes set 
     forth in section 101, including a description of any 
     noticeable deviations from such purposes;
       ``(F) a description of all actions by the Department of 
     State to remediate deviations from such purposes; and
       ``(G) a detailed rationale for continuing the program 
     despite any deviations described in the report.
       ``(3) Form of report.--The summary required under paragraph 
     (1) shall be submitted in unclassified form.
       ``(e) Effect of Failure of United States Entity to 
     Report.--The Secretary of State may not award any United 
     States entity that fails to comply with the reporting 
     requirements described in (b)(3) any funds, in the form of 
     grants or otherwise, until such entity is in compliance with 
     the reporting requirements under this section.
       ``(f) Rulemaking.--The Secretary of State shall promulgate 
     regulations to carry out this section.''.
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