[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5711-S5712]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6182. Mr. MERKLEY (for himself and Mr. Rubio) 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, add the following:
SEC. 1254. CHINA CENSORSHIP MONITOR AND ACTION GROUP.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate; and
(B) the Committee on Foreign Affairs of the House of
Representatives.
(2) 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 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.
(3) 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.--
(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.
[[Page S5712]]
(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.
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