What it changes

1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text

Adds a section
  1. Adds SEC. 1276. REPORT ON MALIGN ACTIVITY INVOLVING CHINESE STATE-OWNED ENTERPRISES at the end of subtitle F of title XII

    Adds a section

    In S.Amdt. 5499 as proposed

    (2) Form of report.--The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

    Inserted: SEC. 1276. REPORT ON MALIGN ACTIVITY INVOLVING CHINESE STATE-OWNED ENTERPRISES.

    Inserted: (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--

    Inserted: (1) assesses whether and to what extent state-owned enterprises in the People's Republic of China are engaged in or knowingly facilitating--

    Inserted: (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;

    Inserted: (B) the use of forced or child labor, including forced or child labor involving ethnic minorities in the People's Republic of China;

    Inserted: (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

    Inserted: (D) the military-civil fusion strategy of the Government of the People's Republic of China;

    Inserted: (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);

    Inserted: (3) identifies--

    Inserted: (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);

    Inserted: (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);

    Inserted: (C) any majority-owned subsidiaries of such enterprises or companies with a market capitalization of $5,000,000,000 or more; and

    Show 13 more inserted paragraphs

    Inserted: (D) any enterprises in the People's Republic of China that--

    Inserted: (i) are not state-owned enterprises;

    Inserted: (ii) are engaged in or knowingly facilitating any activities described in paragraph (1); and

    Inserted: (iii) have received financial assistance from the United States Government during the 5-year period preceding submission of the report;

    Inserted: (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

    Inserted: (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

    Inserted: (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).

    Inserted: (b) Form of Report.--The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.

    Inserted: (c) Definitions.--In this section:

    Inserted: (1) Appropriate congressional committees.--The term "appropriate congressional committees" means--

    Inserted: (A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and

    Inserted: (B) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives.

    Inserted: (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.

    Original wording

    At the end of subtitle F of title XII, add the following:

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As printed

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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Senate amendment submitted

September 29, 2022