[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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