[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Page S5944]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6428. Mr. TOOMEY 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 F of title XII, add the following:
SEC. 1276. REPORT ON MALIGN ACTIVITY INVOLVING CHINESE STATE-
OWNED ENTERPRISES.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that--
(1) assesses whether and to what extent state-owned
enterprises in the People's Republic of China are engaged in
or knowingly facilitating--
(A) the commission of serious human rights abuses,
including toward religious or ethnic minorities in the
People's Republic of China, including in the Xinjiang Uyghur
Autonomous Region;
(B) the use of forced or child labor, including forced or
child labor involving ethnic minorities in the People's
Republic of China;
(C) any actions that erode or undermine the autonomy of
Hong Kong from the People's Republic of China, as established
in the Basic Law of Hong Kong and the Joint Declaration, and
as further described in the Hong Kong Autonomy Act (Public
Law 116-149; 22 U.S.C. 5701 note); or
(D) the military-civil fusion strategy of the Government of
the People's Republic of China;
(2) assesses, to the extent practicable, whether and to
what extent enterprises in the People's Republic of China
that are not state-owned enterprises are engaged in or
knowingly facilitating any of the activities described in
paragraph (1);
(3) identifies--
(A) any state-owned enterprises in the People's Republic of
China that are engaged in or knowingly facilitating any
activities described in paragraph (1);
(B) any Communist Chinese military companies identified
under section 1237(b) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
50 U.S.C. 1701 note);
(C) any majority-owned subsidiaries of such enterprises or
companies with a market capitalization of $5,000,000,000 or
more; and
(D) any enterprises in the People's Republic of China
that--
(i) are not state-owned enterprises;
(ii) are engaged in or knowingly facilitating any
activities described in paragraph (1); and
(iii) have received financial assistance from the United
States Government during the 5-year period preceding
submission of the report;
(4)(A) assesses whether each enterprise, company, or
subsidiary identified under paragraph (2) received, during
the 5-year period preceding submission of the report, any
loan that is made, guaranteed, or insured by, or financial
assistance from, an agency of the United States Government;
and
(B) in the case of any such enterprise, company, or
subsidiary that received a loan or financial assistance
described in subparagraph (A), identifies the amount of such
loan, loans, or financial assistance received by the
enterprise, company, or subsidiary; and
(5) includes recommendations for any legislative or
administrative action to address matters identified in the
report, including any recommendations with respect to
additional limitations on United States financial assistance
provided to enterprises, companies, and subsidiaries
identified under paragraph (2).
(b) Form of Report.--The report required by subsection (a)
shall be submitted in unclassified form but may include a
classified annex.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs
and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Financial Services and the Committee
on Foreign Affairs of the House of Representatives.
(2) Joint declaration.--The term ``Joint Declaration''
means the Joint Declaration of the Government of the United
Kingdom of Great Britain and Northern Ireland and the
Government of the People's Republic of China on the Question
of Hong Kong, done at Beijing December 19, 1984.
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