[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4976-S4978]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2664. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 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. 1291. AMENDMENT TO THE MUTUAL EDUCATIONAL AND CULTURAL
EXCHANGE ACT OF 1961.
(a) Exclusion of Government of the People's Republic of
China From Certain Cultural Exchanges; Required Reviews.--
Section 108A of the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2458a) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) For purposes of this section, the term `foreign
government' does not include the Government of the People's
Republic of China.''; and
(2) by striking subsection (c) and inserting the following:
``(c) Reviews.--
``(1) In general.--Not later than 1 year after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2025, and every 3 years thereafter, subject to
the exception in paragraph (3), the Secretary shall submit a
report to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives that contains a review of each educational or
cultural exchange program approved in accordance with this
section to ensure such programs continue to adhere to the
purposes set forth in section 101.
``(2) Contents.--The report required under paragraph (1)
shall include--
``(A) information, including agendas or itineraries, of
activities carried out pursuant to programs authorized under
this section during the covered reporting period; and
``(B) with respect to each cultural exchange program, a
written assessment and determination by the Assistant
Secretary of State for Educational and Cultural Affairs and
the Assistant Secretary of State of the regional bureau
responsible for the country or countries in which the
educational or cultural exchange takes place regarding
whether the program continues to adhere to the purposes set
forth in section 101, based on the information collected
pursuant to subparagraph (A) and other relevant information
jointly submitted by such officials.
``(3) White list exception.--
``(A) In general.--For any program that takes place within
a country that is a United States ally or close strategic
partner and has been approved in accordance with this
section, the Department of State, following the
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submission of the second report required under paragraph (1),
may place such program on a list of programs authorized under
this Act that the Secretary determines, in 2 consecutive
reports submitted pursuant to this subsection, have
demonstrated a track record of full compliance with the
purposes set forth in section 101. The list identifying such
programs shall be referred to in this paragraph as the `MECEA
White List'.
``(B) MECEA white list requirements.--The MECEA White List
shall be--
``(i) submitted as an addendum to the review required under
this section; and
``(ii) reviewed not less frequently than every 6 years.
``(C) Exception to review.--The review requirement
described in paragraph (1) shall not apply with respect to
any program that is included on the MECEA White List.
``(D) Countries ineligible for white list.--The MECEA White
List shall not include trips or exchanges to the Bolivarian
Republic of Venezuela, the People's Republic of China, the
Republic of Cuba, or the Russian Federation.
``(4) Rule of construction.--The Secretary is not required
to provide advanced approval of a specific or individual trip
or activity if such trip or activity is undertaken as part of
a program reviewed and approved in accordance with this
section.
``(d) Remediation and Termination.--If the Secretary
determines that a program is no longer in compliance with the
purposes set forth in section 101, the Secretary--
``(1) shall make all efforts to work with the foreign
government with whom the agreement for such program has been
made on remediation to ensure the program is in full
compliance with the purposes set forth in section 101; and
``(2) if the efforts described in paragraph (1) fail to
ensure such compliance, is authorized to suspend or terminate
such program.''.
(b) Reporting Requirements With Respect to Participation by
United States Entities in Cultural Exchange Programs
Involving the People's Republic of China.--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, or economic exchange programs with the People's
Republic of China should adopt measures to facilitate
rigorous oversight of such programs and corresponding
activities conducted pursuant to such programs, including
compliance with the oversight requirements described in this
section, as applicable.
``(b) Initial Certification to Congress.--Not later than 30
days before entering into an agreement to establish or
reestablish any exchange program that involves the Government
of the People's Republic of China, the Secretary 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 supporting or carrying
out such program to submit to the Department of State, not
later than October 30 of each year, a report that includes,
with respect to all programs in which executive branch
employees or nongovernmental employees participated in the
most recently concluded fiscal year--
``(A) the total number of cultural exchange activities
conducted by such entity pursuant to section 108A;
``(B) a description and purpose of each such activity;
``(C) a detailed agenda or itinerary for each such
activity;
``(D) the total number and agency affiliations of the
participants of each such activity;
``(E) any indication of whether any of the participants
during the reporting period participated in another activity
authorized under section 108A that involves the People's
Republic of China during the preceding 2-year period; and
``(F) a summary of any feedback that was collected on a
voluntary basis from participants in an activity authorized
under section 108A, including any actions or behavior by the
People's Republic of China that potentially undermine the
purposes of set forth in section 101; and
``(4) the Department of State has established mechanisms
requiring each United States entity supporting or carrying
out such program to submit to the Department of State, not
less frequently than annually, a report that includes, with
respect to all programs in which legislative branch employees
participate--
``(A) the total number of cultural exchange activities
conducted by the entity pursuant to section 108A;
``(B) a description and purpose of each such activity;
``(C) a detailed agenda or itinerary for each such
activity;
``(D) the total number and congressional affiliations of
the participants of each such activity;
``(E) any indication of whether any of the participants
during the reporting period participated in another activity
authorized under section 108A that involves the People's
Republic of China during the preceding 2-year period; and
``(F) a summary of any feedback that was collected on a
voluntary basis from participants in, or observers of, an
activity authorized under section 108A, including any actions
or behavior by the People's Republic of China that
potentially undermines the purposes set forth in section 101.
``(c) Annual Certification 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 September 30,
2029, the Secretary shall submit a certification to the
congressional entities listed in subsection (f)(2) that
indicates whether--
``(A) the continuation of such exchange program is in the
national interests of the United States, including a
justification for such assessment;
``(B) the program is adhering to the purposes set forth in
section 101, including a justification for such assessment;
and
``(C) the mechanisms described in paragraphs (3) and (4) of
subsection (b) provide the Department of State sufficient
transparency and oversight of such program and its
activities, and an explanation of such mechanisms.
``(2) Failure to certify.--If the Secretary fails to
certify that all of the requirements described under
paragraph (1) have been met with respect to a cultural
exchange program described in subsection (b), the Secretary
shall--
``(A) suspend such program until the Secretary is able make
such a certification; or
``(B) terminate the corresponding agreement described in
subsection (b).
``(d) Transparency Report.--
``(1) In general.--The Secretary shall include, with the
annual certification required under subsection (c), a
detailed summary of the reports received pursuant to
paragraphs (3) and (4) of subsection (b) from United States
entities that are carrying out or otherwise participating in
a cultural exchange program that involves the Government of
the People's Republic of China.
``(2) Matters to be included.--The summary required under
paragraph (1) shall include, with respect to 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 agency that employs each such
participant;
``(D) an overview of such cultural exchange programs,
including the inclusion of not fewer than 3 sample
itineraries or agendas and illustrative examples of
activities in which participants engaged;
``(E) an assessment of whether such cultural programs
comply with purposes set forth in section 101, including a
description of any noticeable deviations from such purposes;
``(F) a description of all actions taken by the Department
of State to remediate deviations from such purposes; and
``(G) a detailed rationale for continuing each such program
despite any deviations described in such summary.
``(3) Form of report.--The summary required under paragraph
(1) shall be submitted in unclassified form.
``(e) Failure of United States Entity to Report.--The
Secretary shall promulgate regulations to disqualify any
United States entity from carrying out any activities
associated with a cultural exchange program described in
subsection (b) if such entity fails to comply with the
reporting requirements described in subsection (b)(4) until
the sooner of--
``(1) 1 year after the first day of such disqualification;
or
``(2) the date on which such entity is in full compliance
with the reporting requirements described in subsection
(b)(4).
``(f) Additional Matters.--
``(1) Notification requirement.--Any legislative branch
employee who participates in an activity covered by an
agreement described in subsection (b) with the People's
Republic of China shall notify the congressional entities
listed in paragraph (2)--
``(A) not later than 10 days before the beginning of such
activity, of the dates of travel, the agenda or itinerary of
such activity as of the date of submission, and an indication
of whether the employee has participated in an activity
covered by such an agreement during either of the preceding 2
calendar years; and
``(B) not later than 10 days after the end of such
activity, of the final agenda or itinerary relating to such
activity.
``(2) Congressional entities.--The congressional entities
listed in this paragraph are--
``(A) the Majority Leader of the Senate;
``(B) the Minority Leader of the Senate;
``(C) the Select Committee on Ethics of the Senate;
``(D) the Committee on Foreign Relations of the Senate;
``(E) the Speaker of the House of Representatives;
``(F) the Minority Leader of the House of Representatives;
[[Page S4978]]
``(G) the Committee on Ethics of the House of
Representatives; and
``(H) the Committee on Foreign Affairs of the House of
Representatives.
``(3) Monitoring.--In order to monitor and evaluate
activities covered by an agreement described in subsection
(b) to ensure compliance with the purposes set forth in
section 101, United States diplomats shall be permitted to
observe activities in which--
``(A) executive branch employees participate; or
``(B) legislative branch employees participate, with the
concurrence of such legislative branch employees.
``(g) Rulemaking.--The Secretary shall promulgate
regulations to carry out this section.''.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Department of State $45,000,000,
for fiscal year 2025, for the purposes of exchange support
within the Bureau of Educational and Cultural Affairs,
including creating 1 new position to support the
implementation and oversight of programs authorized under the
Mutual Educational and Cultural Exchange Act of 1961, as
amended by this section.
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