,i #aagth ,,congress #b;d ,session ,h4 ,r4 #hjda ,,in ,,the ,,house ,,of ,,representatives ,june #ac1 #bjbb,mr4 ,mast 7for himself1 ,mr4 ,banks1 ,mr4 ,wilson of ,south ,carolina1 and ,mr4 ,tiffany7 introduced the following bill2 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 ,china1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,china ,social ,media ,reciprocity ,act4 #b4 ,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 7a7 ,authorities under the ,international ,emergency ,economic ,powers ,act 7#a7 ,in general ,section #bjc of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb7 is amended-- 7,a7 by redesignating subsection 7c7 as subsection 7d72 and 7,b7 by inserting after subsection 7b7 the following3 7c7 7#a7 ,notwithstanding subsection 7b7 and except as provided in paragraph 7#b71 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-- 7,a7 an individual or entity who1 pursuant to the exercise of authorities under part #eid of title #ca1 ,code of ,federal ,regulations1 is on the list of specially designated nationals and blocked persons maintained by the ,office of ,foreign ,assets ,control of the ,department of the ,treasury1 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 entity2 7,b7 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 individual1 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 individual1 as the case may be1 and that such provider was providing such service to such individual or such individual or entity1 as the case may be2 7,c7 an individual who is a senior member of the ,,ccp or an individual or entity acting at the direction of such individual1 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 individual1 as the case may be1 and that such provider was providing such service to such individual or such individual or entity1 as the case may be2 7,d7 an individual who is a spokesperson of the ,,ccp or the ,government of the ,people's ,republic of ,china1 or an individual or entity acting at the direction of such individual1 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 individual1 as the case may be1 and that such provider was providing such service to such individual or such individual or entity1 as the case may be2 7,e7 an individual or entity who is an agent or instrumentality of the ,,ccp or the ,government of the ,people's ,republic of ,china1 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 entity2 or 7,f7 an individual or entity who is or owned or controlled by the ,,ccp or the ,government of the ,people's ,republic of ,china1 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 entity4 7#b7 ,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 7#a77;,b7 solely for legitimate emergency alert purposes4 7#c7 ,in this subsection-- 7,a7 the term ,,ccp means the ,chinese ,communist ,party of the ,people's ,republic of ,china or any successor entity2 7,b7 the term covered service-- 7i7 means1 with respect to a provider of a social media platform1 any service provided by the provider through the platform1 including a service that is publicly available and free of charge 7including permitting an individual or entity to create or maintain an account or profile72 and 7ii7 does not include the ability of an individual or entity to-- 7,i7 access the platform without an account or profile2 or 7,,ii7 send or receive private communications on the platform2 7,c7 the term social media platform-- 7i7 means a website or other internet medium1 including a mobile application1 that-- 7,i7 permits an individual or entity to create an account or profile for the purpose of generating1 sharing1 and viewing user-generated content through such account or profile2 7,,ii7 enables one or more users to generate content that can be viewed by other users of the medium2 and 7,,iii7 enables users to view content generated by other users of the medium2 and 7ii7 does not include-- 7,i7 any such website or other internet medium that serves fewer than #ajj1jjj users who access their account or profile at least once a month2 7,,ii7 an email program1 email distribution list1 or multi-person text message group2 7,,iii7 a website or other internet medium that is primarily for the purpose of internet commerce2 7,,iv7 a software application 7including a mobile application7 used solely to communicate with others through instant messages1 audio calls1 video calls1 or any combination thereof2 or 7,v7 a website or other internet medium the primary purpose of which is-- 7aa7 to allow users to post product reviews1 business reviews1 or travel information and reviews2 or 7bb7 to provide emergency alert services2 7,d7 the term senior official of the ,government of the ,people's ,republic of ,china includes-- 7i7 each member of the ,state ,council1 including the ,premier1 ,vice ,premiers1 and ,state ,councillors2 7ii7 the minister and vice ministers of the ,ministries of ,foreign ,affairs1 ,national ,defense1 ,state ,security1 ,justice1 ,public ,security1 and other ministries2 7iii7 the director1 deputy director1 or any other high ranking official of the ,hong ,kong and ,macau ,affairs ,office1 the ,liaison ,office of the ,central ,people's ,government in the ,hong ,kong ,special ,administrative ,region1 the ,liaison ,office of the ,central ,people's ,government in the ,macau ,special ,administrative ,region1 the ,office for ,safeguarding ,national ,security of the ,central ,people's ,government in the ,hong ,kong ,special ,administrative ,region1 the ,state ,council ,research ,office1 the ,overseas ,chinese ,affairs ,office1 the ,taiwan ,affairs ,office1 the ,cyberspace ,administration of ,china1 the ,state ,council ,information ,office1 the ,xinhua ,news ,agency1 the ,chinese ,academy of ,social ,sciences1 the ,china ,media ,group1 the ,national ,ethnic ,affairs ,commission1 the ,national ,radio and ,television ,administration1 and the ,national ,press and ,publication ,administration2 7iv7 any other high ranking official in the defense1 security1 or foreign affairs apparatus of the government1 including any ambassador and any spokesman of any government agency or department2 and 7v7 any other official that the ,president determines to be a senior official for purposes of this subparagraph2 and 7,e7 the term senior member of the ,,ccp includes each member of the ,,ccp ,central ,committee1 including each member of the ,,ccp ,politburo 7including the ,politburo ,standing ,committee and the ,general ,secretary71 the ,central ,military ,commission 7,,cmc71 the ,secretariat of the ,central ,committee1 the ,central ,national ,security ,commission1 ,leading ,small ,groups and their related work offices1 the ,central ,commission for ,discipline ,inspection1 the ,general ,office1 the ,organization ,department1 the ,publicity ,department1 the ,international ,liaison ,department1 the ,united ,front ,work ,department1 the ,external ,propaganda ,office of the ,chinese ,communist ,party ,central ,committee1 the ,people's ,daily1 the ,central ,party ,school1 the ,central ,policy ,research ,office1 the ,central ,taiwan ,work ,office1 and any other central-level ,,ccp body4 4 7#b7 ,effective date ,the amendments made by this subsection shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 7b7 ,imposition of sanctions 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall1 except as provided in paragraph 7#b71 prohibit the provision by a provider of a social media platform of a covered service to any individual or entity described in subparagraph 7,a71 7,b71 7,c71 7,d71 7,e71 or 7,f7 of paragraph 7#a7 of subsection 7c7 of section #bjc of the ,international ,emergency ,economic ,powers ,act 7as added by subsection 7a7 of this section74 7#b7 ,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 accessing1 using1 or participating in social media platforms in the ,people's ,republic of ,china1 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 platforms4 7#c7 ,penalties ,the penalties provided for in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 shall apply to a person that violates1 attempts to violate1 conspires to violate1 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 #bjf7;a7 of that ,act4 7c7 ,regulatory authority 7#a7 ,in general ,the ,president shall1 not later than #ahj days after the date of the enactment of this ,act1 prescribe regulations as necessary for the implementation of this section and the amendments made by this section4 7#b7 ,notification to ,congress ,no later than #aj days before the prescription of regulations under paragraph 7#a71 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 implementing4 7d7 ,sunset ,the ,president's authority to issue waivers or licenses with respect to sanctions required by subsection 7b7 or pursuant to sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 with regard to prohibitions required by subsection 7b7 shall cease to apply beginning on the date that is #b years after the date of enactment of this ,act4 7e7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs and the ,committee on ,financial ,services of the ,house of ,representatives2 and 7,b7 the ,committee on ,foreign ,relations and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 7#b7 ,covered service2 social media platform ,the terms covered service and social media platform have the meanings given the terms in subsection 7c7 of section #bjc of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb71 as added by subsection 7a7 of this section4