§ 3363. China censorship monitor and action group

2,129 words·~10 min read·/usc/title-22/section-3363

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(a)Definitions In this section:

(1)Appropriate congressional committees The term “appropriate congressional committees” means—

(A)the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and

(B)the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence 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 subsection (c); 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.

(b)China Censorship Monitor and Action Group

(1)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 subsection as the “Task Force”).

(2)Membership The President shall take the following actions with respect to the membership of, and participation in, the Task Force:

(A)Appoint the chair of the Task Force from among the staff of the National Security Council.

(B)Appoint the vice chair of the Task Force from among the staff of the National Economic Council.

(C)Determine the Federal departments and agencies that will serve on the Task Force, and direct the head of those agencies to appoint personnel at the level of Assistant Secretary or above to participate in the Task Force.

(3)Responsibilities The Task Force shall—

(A)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

(B)submit the strategy developed pursuant to subparagraph

(A)to the appropriate congressional committees not later than 120 days after December 23, 2022.

(4)Meetings The Task Force shall meet not less frequently than twice per year.

(5)Consultations The Task Force should regularly consult, to the extent necessary and appropriate, with—

(A)Federal agencies that are not represented on the Task Force;

(B)independent agencies of the United States Government that are not represented on the Task Force;

(C)relevant stakeholders in the private sector and the media; and

(D)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.

(6)Reporting requirements

(A)Annual report The Task Force shall submit an annual report to the appropriate congressional committees that describes, with respect to the reporting period—

(i)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;

(ii)the activities conducted by the Task Force in support of the strategic objectives and policies referred to in clause (i); and

(iii)the results of the activities referred to in clause

(ii)and the impact of such activities on the national interests of the United States.

(B)Form of report Each report submitted pursuant to subparagraph

(A)shall be unclassified, but may include a classified annex.

(C)Congressional briefings Not later than 90 days after December 23, 2022, 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 paragraph (3)(A).

(c)Report on censorship and intimidation of United States persons by the Government of the People’s Republic of China

(1)Report

(A)In general Not later than 90 days after December 23, 2022, 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.

(B)Matters to be included The report required under subparagraph

(A)shall—

(i)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;

(ii)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;

(iii)identify the implications for the United States of the matters described in clauses

(i)and (ii);

(iv)assess the methods and evaluate the efficacy of the efforts by the Government of the People’s Republic of China to limit freedom of expression in the private sector, including media, social media, film, education, travel, financial services, sports and entertainment, technology, telecommunication, and internet infrastructure interests;

(v)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

(vi)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.

(C)Applicability to United States allies and partners To the extent practicable, the report required under subparagraph

(A)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.

(2)Submission of report

(A)In general Not later than 1 year after December 23, 2022, the Secretary of State shall submit the report written by the qualified research entity selected pursuant to paragraph (1)(A) to the appropriate congressional committees.

(B)Publication The report referred to in subparagraph

(A)shall be made accessible to the public online through relevant United States Government websites.

(d)Sunset This section shall terminate on the date that is 5 years after December 23, 2022.

(Pub. L. 117–263, div. E, title LV, § 5515, Dec. 23, 2022, 136 Stat. 3313.)

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