A bill to establish the China Censorship Monitor and Action Group, and for other purposes.
Bill: S.413 | Sponsor: Sen. Merkley, Jeff (D-OR)
Policy area: International Affairs

Summary:
This bill requires the President to establish an interagency task force, the China Censorship Monitor and Action Group. The task force shall oversee the development and execution of a federal government strategy to monitor and address Chinese government efforts to censor or intimidate individuals and entities in the United States, including U.S. companies doing business in China, when such individuals and entities are exercising their free speech rights.
The Department of State shall seek to enter into an agreement with a qualified independent research entity to report to Congress on Chinese government efforts to censor or intimidate U.S. individuals and entities in the United States, including attempts to censor or intimidate U.S. companies doing business in China.

To establish the China Censorship Monitor and Action Group, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate; and
                    (B) the Committee on Foreign Affairs of the House 
                of Representatives.
            (2) Qualified research entity.--The term ``qualified 
        research entity'' means an entity that--
                    (A) is a nonpartisan research organization or a 
                federally funded research and development center;
                    (B) has appropriate expertise and analytical 
                capability to write the report required under section 
                3; and
                    (C) is free from any financial, commercial, or 
                other entanglements, which could undermine the 
                independence of such report or create a conflict of 
                interest or the appearance of a conflict of interest, 
                with--
                            (i) the Government of the People's Republic 
                        of China;
                            (ii) the Chinese Communist Party;
                            (iii) any company incorporated in the 
                        People's Republic of China or a subsidiary of 
                        such company; or
                            (iv) any company or entity incorporated 
                        outside of the People's Republic of China that 
                        is believed to have a substantial financial or 
                        commercial interest in the People's Republic of 
                        China.
            (3) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States; 
                or
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States, including a foreign branch of such an entity.

SEC. 2. CHINA CENSORSHIP MONITOR AND ACTION GROUP.

    (a) In General.--The President shall establish an interagency task 
force, which shall be known as the ``China Censorship Monitor and 
Action Group'' (referred to in this section as the ``Task Force'').
    (b) Membership.--The President shall--
            (1) appoint the chair of the Task Force from among the 
        staff of the National Security Council;
            (2) appoint the vice chair of the Task Force from among the 
        staff of the National Economic Council; and
            (3) direct the head of each of the following executive 
        branch agencies to appoint personnel to participate in the Task 
        Force:
                    (A) The Department of State.
                    (B) The Department of Commerce.
                    (C) The Department of the Treasury.
                    (D) The Department of Justice.
                    (E) The Office of the United States Trade 
                Representative.
                    (F) The Office of the Director of National 
                Intelligence, and other appropriate elements of the 
                intelligence community (as defined in section 3 of the 
                National Security Act of 1947 (50 U.S.C. 3003)).
                    (G) The Federal Communications Commission.
                    (H) The United States Agency for Global Media.
                    (I) Other agencies designated by the President.
    (c) Responsibilities.--The Task Force shall--
            (1) oversee the development and execution of an integrated 
        Federal Government strategy to monitor and address the impacts 
        of efforts directed, or directly supported, by the Government 
        of the People's Republic of China to censor or intimidate, in 
        the United States or in any of its possessions or territories, 
        any United States person, including United States companies 
        that conduct business in the People's Republic of China, which 
        are exercising their right to freedom of speech; and
            (2) submit the strategy developed pursuant to paragraph (1) 
        to the appropriate congressional committees not later than 120 
        days after the date of the enactment of this Act.
    (d) Meetings.--The Task Force shall meet not less frequently than 
twice per year.
    (e) Consultations.--The Task Force should regularly consult, to the 
extent necessary and appropriate, with--
            (1) Federal agencies that are not represented on the Task 
        Force;
            (2) independent agencies of the United States Government 
        that are not represented on the Task Force;
            (3) relevant stakeholders in the private sector and the 
        media; and
            (4) relevant stakeholders among United States allies and 
        partners facing similar challenges related to censorship or 
        intimidation by the Government of the People's Republic of 
        China.
    (f) Reporting Requirements.--
            (1) Annual report.--The Task Force shall submit an annual 
        report to the appropriate congressional committees that 
        describes, with respect to the reporting period--
                    (A) the strategic objectives and policies pursued 
                by the Task Force to address the challenges of 
                censorship and intimidation of United States persons 
                while in the United States or any of its possessions or 
                territories, which is directed or directly supported by 
                the Government of the People's Republic of China;
                    (B) the activities conducted by the Task Force in 
                support of the strategic objectives and policies 
                referred to in subparagraph (A); and
                    (C) the results of the activities referred to in 
                subparagraph (B) and the impact of such activities on 
                the national interests of the United States.
            (2) Form of report.--Each report submitted pursuant to 
        paragraph (1) shall be unclassified, but may include a 
        classified annex.
            (3) Congressional briefings.--Not later than 90 days after 
        the date of the enactment of this Act, and annually thereafter, 
        the Task Force shall provide briefings to the appropriate 
        congressional committees regarding the activities of the Task 
        Force to execute the strategy developed pursuant to subsection 
        (c)(1).

SEC. 3. REPORT ON CENSORSHIP AND INTIMIDATION OF UNITED STATES PERSONS 
              BY THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA.

    (a) Report.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of State shall select 
        and seek to enter into an agreement with a qualified research 
        entity that is independent of the Department of State to write 
        a report on censorship and intimidation in the United States 
        and its possessions and territories of United States persons, 
        including United States companies that conduct business in the 
        People's Republic of China, which is directed or directly 
        supported by the Government of the People's Republic of China.
            (2) Matters to be included.--The report required under 
        paragraph (1) shall--
                    (A) assess major trends, patterns, and methods of 
                the Government of the People's Republic of China's 
                efforts to direct or directly support censorship and 
                intimidation of United States persons, including United 
                States companies that conduct business in the People's 
                Republic of China, which are exercising their right to 
                freedom of speech;
                    (B) assess, including through the use of 
                illustrative examples, as appropriate, the impact on 
                and consequences for United States persons, including 
                United States companies that conduct business in the 
                People's Republic of China, that criticize--
                            (i) the Chinese Communist Party;
                            (ii) the Government of the People's 
                        Republic of China;
                            (iii) the authoritarian model of government 
                        of the People's Republic of China; or
                            (iv) a particular policy advanced by the 
                        Chinese Communist Party or the Government of 
                        the People's Republic of China;
                    (C) identify the implications for the United States 
                of the matters described in subparagraphs (A) and (B);
                    (D) include best practices for industries in which 
                freedom of expression issues are particularly acute, 
                including the media and film industries;
                    (E) include policy recommendations for the United 
                States Government, including recommendations regarding 
                collaboration with United States allies and partners, 
                to address censorship and intimidation by the 
                Government of the People's Republic of China; and
                    (F) include policy recommendations for United 
                States persons, including United States companies that 
                conduct business in China, to address censorship and 
                intimidation by the Government of the People's Republic 
                of China.
            (3) Applicability to united states allies and partners.--To 
        the extent practicable, the report required under paragraph (1) 
        should identify implications and policy recommendations that 
        are relevant to United States allies and partners facing 
        censorship and intimidation directed or directly supported by 
        the Government of the People's Republic of China.
    (b) Submission of Report.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary of State shall submit 
        the report written by the qualified research entity selected 
        pursuant to subsection (a)(1) to the appropriate congressional 
        committees.
            (2) Publication.--The report referred to in paragraph (1) 
        shall be made accessible to the public online through relevant 
        United States Government websites.
    (c) Federal Government Support.--The Secretary of State and other 
Federal agencies selected by the President shall provide the qualified 
research entity selected pursuant to subsection (a)(1) with timely 
access to appropriate information, data, resources, and analyses 
necessary for such entity to write the report described in subsection 
(a) in a thorough and independent manner.

SEC. 4. SUNSET.

    This Act shall terminate on the date that is 5 years after the date 
of the enactment of this Act.
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