S.Amdt. 5759

1. Adds SEC. 1254. AMENDMENT TO THE MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE ACT OF 1961 at the end of subtitle D of title XII of division A

   Adds a section

   In S.Amdt. 5499 as proposed

   (2) modifies or deletes in any way the content of the project as a result of any direction from any entity of the Government of the People's Republic of China or the Chinese Communist Party.

   Inserted: SEC. 1254. AMENDMENT TO THE MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE ACT OF 1961.

   Inserted: 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:

   Inserted: "SEC. 108B. REPORTING REQUIREMENTS WITH RESPECT TO PARTICIPATION BY UNITED STATES ENTITIES IN CULTURAL EXCHANGE PROGRAMS INVOLVING THE PEOPLE'S REPUBLIC OF CHINA.

   Inserted: "(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, and economic exchange programs with the People's Republic of China should adopt measures that facilitate rigorous oversight of such programs, including compliance with the oversight requirements described in this section, as applicable.

   Inserted: "(b) Initial Certification to Congress.--Not later than 5 days after entering into an agreement to establish or reestablish any cultural exchange program that involves the Government of the People's Republic of China pursuant to section 108A, the Secretary of State shall certify to the appropriate congressional committees that--

   Inserted: "(1) establishing or reestablishing such program is in the national interests of the United States;

   Inserted: "(2) such program will adhere to the purposes set forth in section 101; and

   Inserted: "(3) the Department of State has established mechanisms requiring each United States entity carrying out or otherwise participating in such program to submit an annual report to the Department of State (and make such report publicly available) that includes--

   Inserted: "(A) the total number of cultural exchange programs conducted by the entity;

   Inserted: "(B) a description and purpose of each such program;

   Inserted: "(C) an agenda or itinerary that describes the activities engaged in by program participants; and

   Inserted: "(D) a list of participants in each such program, including the names and professional affiliation of the participants.

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   Inserted: "(c) Annual Certifications to Congress.--

   Inserted: "(1) In general.--Not later than 1 year after establishing or reestablishing a cultural exchange program described in subsection (b), and annually thereafter through fiscal year 2027, the Secretary of State shall submit a certification to the appropriate congressional committees that indicates whether--

   Inserted: "(A) the continuation of such program is in the national interests of the United States;

   Inserted: "(B) such program is adhering to the purposes set forth in section 101; and

   Inserted: "(C) the mechanisms described in subsection (b)(3) provide the Department sufficient transparency and oversight of each program.

   Inserted: "(2) Failure to certify.--If the Secretary of State fails to certify that all of the requirements under paragraph (1) have been met with respect to a program described in subsection (b), the Secretary shall suspend or terminate the corresponding agreement described in subsection (b).

   Inserted: "(d) Transparency Report.--

   Inserted: "(1) In general.--The Secretary of State shall include, with the annual certification required under subsection (c), a detailed summary of the reporting received pursuant to subsection (b)(3) from United States entities that are carrying out or otherwise participating in any cultural exchange program that involves the Government of the People's Republic of China pursuant to section 108A.

   Inserted: "(2) Matters to be included.--The summary required under paragraph (1) shall include, for the reporting period--

   Inserted: "(A) the total number of cultural exchange programs conducted;

   Inserted: "(B) the total number of participants in such cultural exchange programs;

   Inserted: "(C) a list of the names and professional affiliations of such participants;

   Inserted: "(D) an overview of the cultural exchange programs, including the inclusion of not fewer than 3 sample itineraries and illustrative examples of activities in which participants engaged;

   Inserted: "(E) an assessment of whether the cultural programs conducted during the reporting period adhere to purposes set forth in section 101, including a description of any noticeable deviations from such purposes;

   Inserted: "(F) a description of all actions by the Department of State to remediate deviations from such purposes; and

   Inserted: "(G) a detailed rationale for continuing the program despite any deviations described in the report.

   Inserted: "(3) Form of report.--The summary required under paragraph (1) shall be submitted in unclassified form.

   Inserted: "(e) Effect of Failure of United States Entity to Report.--The Secretary of State may not award any United States entity that fails to comply with the reporting requirements described in (b)(3) any funds, in the form of grants or otherwise, until such entity is in compliance with the reporting requirements under this section.

   Inserted: "(f) Rulemaking.--The Secretary of State shall promulgate regulations to carry out this section.".

   Original wording

   At the end of subtitle D of title XII of division A, add the following:

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As printed