I 117th CONGRESS 2d Session H. R. 8041 IN THE HOUSE OF REPRESENTATIVES June 13, 2022 Mr. Mast (for himself, Mr. Banks , Mr. Wilson of South Carolina , and Mr. Tiffany ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To provide authorities to prohibit the provision of services by social media platforms to individuals and entities on the Specially Designated Nationals List and certain officials and other individuals and entities of the People’s Republic of China, and for other purposes.

1. Short title This Act may be cited as the China Social Media Reciprocity Act . 2. Authorities to prohibit the provision of services by social media platforms to individuals and entities on the Specially Designated Nationals List and certain officials and other individuals and entities of the People’s Republic of China (a) Authorities under the International Emergency Economic Powers Act (1) In general Section 203 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 ) is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) (1) Notwithstanding subsection (b) and except as provided in paragraph (2), the authority granted to the President by this section does include the authority to regulate or prohibit the provision by a provider of a social media platform of a covered service to— (A) an individual or entity who, pursuant to the exercise of authorities under part 594 of title 31, Code of Federal Regulations, is on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury, if such provider knew or should have known that such individual or entity was on such list and that such provider was providing such service to such individual or entity; (B) an individual who is a senior official of the Government of the People’s Republic of China or an individual or entity acting at the direction of such individual, if such provider knew or should have known that such individual was such a senior official or such individual or entity was acting at the direction of such individual, as the case may be, and that such provider was providing such service to such individual or such individual or entity, as the case may be; (C) an individual who is a senior member of the CCP or an individual or entity acting at the direction of such individual, if such provider knew or should have known that such individual was such a senior member or such individual or entity was acting at the direction of such individual, as the case may be, and that such provider was providing such service to such individual or such individual or entity, as the case may be; (D) an individual who is a spokesperson of the CCP or the Government of the People’s Republic of China, or an individual or entity acting at the direction of such individual, if such provider knew or should have known that such individual was such a spokesperson or such an individual or entity was acting at the direction of such individual, as the case may be, and that such provider was providing such service to such individual or such individual or entity, as the case may be; (E) an individual or entity who is an agent or instrumentality of the CCP or the Government of the People’s Republic of China, if such provider knew or should have known that such individual or entity was such an agent or instrumentality and that such provider was providing such service to such individual or entity; or (F) an individual or entity who is or owned or controlled by the CCP or the Government of the People’s Republic of China, if such provider knew or should have known that such individual or entity was owned or controlled by the CCP or the Government of the People’s Republic of China and that such provider was providing such service to such individual or entity. (2) The authority granted to the President by this section does not include the authority to regulate or prohibit the provision by a provider of a social media platform of a covered service to an individual who is a senior official of a Government of the People’s Republic of China described in paragraph (1)(B) solely for legitimate emergency alert purposes. (3) In this subsection— (A) the term CCP means the Chinese Communist Party of the People’s Republic of China or any successor entity; (B) the term covered service — (i) means, with respect to a provider of a social media platform, any service provided by the provider through the platform, including a service that is publicly available and free of charge (including permitting an individual or entity to create or maintain an account or profile); and (ii) does not include the ability of an individual or entity to— (I) access the platform without an account or profile; or (II) send or receive private communications on the platform; (C) the term social media platform — (i) means a website or other internet medium, including a mobile application, that— (I) permits an individual or entity to create an account or profile for the purpose of generating, sharing, and viewing user-generated content through such account or profile; (II) enables one or more users to generate content that can be viewed by other users of the medium; and (III) enables users to view content generated by other users of the medium; and (ii) does not include— (I) any such website or other internet medium that serves fewer than 100,000 users who access their account or profile at least once a month; (II) an email program, email distribution list, or multi-person text message group; (III) a website or other internet medium that is primarily for the purpose of internet commerce; (IV) a software application (including a mobile application) used solely to communicate with others through instant messages, audio calls, video calls, or any combination thereof; or (V) a website or other internet medium the primary purpose of which is— (aa) to allow users to post product reviews, business reviews, or travel information and reviews; or (bb) to provide emergency alert services; (D) the term senior official of the Government of the People’s Republic of China includes— (i) each member of the State Council, including the Premier, Vice Premiers, and State Councillors; (ii) the minister and vice ministers of the Ministries of Foreign Affairs, National Defense, State Security, Justice, Public Security, and other ministries; (iii) the director, deputy director, or any other high ranking official of the Hong Kong and Macau Affairs Office, the Liaison Office of the Central People’s Government in the Hong Kong Special Administrative Region, the Liaison Office of the Central People’s Government in the Macau Special Administrative Region, the Office for Safeguarding National Security of the Central People’s Government in the Hong Kong Special Administrative Region, the State Council Research Office, the Overseas Chinese Affairs Office, the Taiwan Affairs Office, the Cyberspace Administration of China, the State Council Information Office, the Xinhua News Agency, the Chinese Academy of Social Sciences, the China Media Group, the National Ethnic Affairs Commission, the National Radio and Television Administration, and the National Press and Publication Administration; (iv) any other high ranking official in the defense, security, or foreign affairs apparatus of the government, including any ambassador and any spokesman of any government agency or department; and (v) any other official that the President determines to be a senior official for purposes of this subparagraph; and (E) the term senior member of the CCP includes each member of the CCP Central Committee, including each member of the CCP Politburo (including the Politburo Standing Committee and the General Secretary), the Central Military Commission (CMC), the Secretariat of the Central Committee, the Central National Security Commission, Leading Small Groups and their related work offices, the Central Commission for Discipline Inspection, the General Office, the Organization Department, the Publicity Department, the International Liaison Department, the United Front Work Department, the External Propaganda Office of the Chinese Communist Party Central Committee, the People’s Daily, the Central Party School, the Central Policy Research Office, the Central Taiwan Work Office, and any other central-level CCP body. . (2) Effective date The amendments made by this subsection shall take effect on the date that is 180 days after the date of the enactment of this Act. (b) Imposition of sanctions (1) In general Not later than 180 days after the date of the enactment of this Act, the President shall, except as provided in paragraph (2), prohibit the provision by a provider of a social media platform of a covered service to any individual or entity described in subparagraph (A), (B), (C), (D), (E), or (F) of paragraph (1) of subsection (c) of section 203 of the International Emergency Economic Powers Act (as added by subsection (a) of this section). (2) Waiver The President may waive the prohibition required by this subsection with respect to an individual or entity if the President certifies to the appropriate congressional committees that the Government of the People’s Republic of China and the Chinese Communist Party have verifiably removed prohibitions on officials of the United States Government from accessing, using, or participating in social media platforms in the People’s Republic of China, including by removing all forms of censorship that prohibit persons in the People’s Republic of China from accessing social media platforms or viewing content generated by such United States Government officials or United States persons on social media platforms. (3) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated to carry out this subsection or the sanctions imposed pursuant to this subsection to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act. (c) Regulatory authority (1) In general The President shall, not later than 180 days after the date of the enactment of this Act, prescribe regulations as necessary for the implementation of this section and the amendments made by this section. (2) Notification to Congress No later than 10 days before the prescription of regulations under paragraph (1), the President shall notify the appropriate congressional committees regarding the proposed regulations and the provisions this section and the amendments made by this section that the regulations are implementing. (d) Sunset The President’s authority to issue waivers or licenses with respect to sanctions required by subsection (b) or pursuant to sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) with regard to prohibitions required by subsection (b) shall cease to apply beginning on the date that is 2 years after the date of enactment of this Act. (e) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Covered service; social media platform The terms covered service and social media platform have the meanings given the terms in subsection (c) of section 203 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 ), as added by subsection (a) of this section.