S.Amdt. 4366Senate117th Congress (2021-2023)2nd degree
S.Amdt. 4366
Sponsored by
Sen. Marco Rubio (R-FL)
Submitted November 4, 2021
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Senate amendment submitted
November 4, 2021
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Submitted
SA 4366. Mr. RUBIO submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 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 title XII, add the following: Subtitle H--Countering Chinese Influence SEC. 1291. SHORT TITLE. This subtitle may be cited as the ``Countering the Chinese Government and Communist Party's Political Influence Operations Act''. SEC. 1292. DEFINITIONS. In this subtitle: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Armed Services of the Senate; (C) the Committee on Foreign Relations of the Senate; (D) the Committee on Health, Education, Labor, and Pensions of the Senate; (E) the Committee on the Judiciary of the Senate; (F) the Select Committee on Intelligence of the Senate; (G) the Committee on Banking, Housing, and Urban Affairs of the Senate; (H) the Committee on Appropriations of the House of Representatives; (I) the Committee on Armed Services of the House of Representatives; (J) the Committee on Education and Labor of the House of Representatives; (K) the Committee on Foreign Affairs of the House of Representatives; (L) the Committee on the Judiciary of the House of Representatives; (M) the Permanent Select Committee on Intelligence of the House of Representatives; and (N) the Committee on Financial Services of the House of Representatives. (2) Political influence operations.--The term ``political influence operations'' means the coordinated and often concealed application of disinformation, press manipulation, economic coercion, targeted investments, corruption, or academic censorship, which are often intended-- (A) to coerce and corrupt United States interests, values, institutions, or individuals; and (B) to foster attitudes, behavior, decisions, or outcomes in the United States that support the interests of the Government of the People's Republic of China or the Chinese Communist Party. SEC. 1293. STATEMENT OF POLICY. It is the policy of the United States-- (1) to clearly differentiate between the Chinese people and culture and the Government of the People's Republic of China and the Chinese Communist Party in official statements, media messaging, and policy; (2) to clearly differentiate between legal, internationally accepted public diplomacy and strategic communications campaigns and illicit activities to undermine democratic institutions or freedoms; (3) to protect United States citizens and legal residents from malign or coercive political influence operations; (4) to enhance cooperation and coordination with the United Kingdom, Australia, Canada, New Zealand, Japan, Taiwan, Singapore, and the members of the European Union, whose governments and institutions have faced acute pressure from the political influence operations of the Government of the People's Republic of China and the Chinese Communist Party, and with other allies throughout the world; (5) to create strategies to ensure that countries in Africa, the Western Hemisphere, Southeast Asia, and elsewhere are aware of the People's Republic of China's ``sharp power'' tactics, including the Chinese Communist Party's party-to- party training program, which is designed to instill admiration and emulation of Beijing's governance model and weaken democracy in these regions, and provide needed capacity to counter them effectively; (6) to implement more advanced transparency requirements concerning collaboration with Chinese actors for media agencies, universities, think tanks, and government officials; (7) to use various forums to raise awareness about-- (A) the goals and methods of the political influence operations of the Government of the People's Republic of China and the Chinese Communist Party; and (B) common patterns and approaches used by Chinese intelligence agencies or related actors; (8) to require greater transparency for Confucius Institutes, think tanks, academic programs, and nongovernmental organizations funded primarily by the Government of the People's Republic of China and the Chinese Communist Party, or by individuals or public or private organizations with a demonstrable affiliation with the Government of the People's Republic of China and the Chinese Communist Party that are operating in the United States to register through the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.) or a comparable mechanism; (9) to seek ways to increase Chinese language proficiency among mid-career professionals that do not rely on funding linked to the Government of the People's Republic of China; (10) to ensure that existing tools are sufficiently screening for the risk of Chinese influence operations; and (11) to create more flexible tools, as needed, with the goals of-- (A) screening investments from the Government of the People's Republic of China or sources backed by such government to protect against the takeover of United States companies by Chinese state-owned or state-driven entities; and (B) protecting institutions or business sectors critically important to United States national security and the viability of democratic institutions. SEC. 1294. STRATEGY TO COUNTER ``SHARP POWER'' POLITICAL INFLUENCE OPERATIONS AND TO PROTECT UNITED STATES CITIZENS. (a) In General.--The Secretary of State and the Secretary of Homeland Security, in coordination with all relevant Federal agencies, shall develop a long-term strategy-- (1) to carry out the policy set forth in section 1293(c); (2) to effectively counter the ``sharp power'' political influence operations of the Chinese Communist Party globally and in the United States; (3) to ensure that United States citizens, particularly Chinese Americans and members of the Chinese, Uyghur, Mongolian, Korean, Taiwanese, and Tibetan diaspora who are often the victims and primary targets of malign political influence operations, are protected; (4) to ensure that-- (A) the United States Government strategy to protect the communities described in paragraph (3) is clearly communicated by relevant Federal officials; and (B) secure outlets are created for reporting on intimidation and surveillance; (5) to ensure that Chinese nationals who are legally studying, living, or working temporarily in the United States know that intimidation or surveillance by the Government of the People's Republic of China and the Chinese Communist Party is an unacceptable invasion of their rights while they reside in the United States; (6) to provide secure outlets for reporting on intimidation and surveillance; and (7) to identify new tools or authorities necessary to implement this strategy. (b) Report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State or an appropriate high-ranking official shall-- (1) submit an unclassified report, which may include a classified annex, containing the strategy required under subsection (a) to the appropriate congressional committees; or (2) describe the strategy required under subsection (a) through unclassified testimony before the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives. SEC. 1295. REPORT ON THE POLITICAL INFLUENCE OPERATIONS OF THE GOVERNMENT OF CHINA AND THE CHINESE COMMUNIST PARTY. (a) In General.--Because it is important for United States policymakers and the American people to be informed about the influence operations described in section 1293, not later than 270 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Director of National Intelligence, and in consultation with the heads of relevant Federal departments and agencies, shall submit an unclassified report, [[Page S7889]] which may include a classified annex, to the appropriate congressional committees that describes the political influence operations of the Government of the People's Republic of China and the Chinese Communist Party affecting the United States and select allies and partners, including the United Kingdom, Canada, Australia, New Zealand, Taiwan, and Japan, including efforts-- (1) to exert influence over United States governmental or nongovernmental institutions or individuals, or government officials among United States allies and partners; (2) to coerce or threaten United States citizens or legal permanent residents or their families and associates living in China or elsewhere; (3) to undermine democratic institutions and the freedoms of speech, expression, the press, association, assembly, religion, or academic thought; (4) to otherwise suppress information in public fora, in the United States and abroad; or (5) to develop or obtain property, facilities, infrastructure, business entities, or other assets for use in facilitating the activities described in paragraphs (1) through (4). (b) Contents.--The report required under subsection (a) shall include recommendations for the President and Congress relating to-- (1) the need for additional resources or authorities to counter political influence operations in the United States directed by the Government of the People's Republic of China and the Chinese Communist Party, including operations carried out in concert with allies; (2) whether a permanent office to monitor and respond to political influence operations of the Government of the People's Republic of China and the Chinese Communist Party should be established within the Department of State or within the Office of the Director of National Intelligence; and (3) whether regular public reports on the political influence operations of the Government of the People's Republic of China and the Chinese Communist Party are needed to inform Congress and the American people of the scale and scope of such operations. ______