[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

[[Page S4977]]

     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;

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       ``(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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