22 U.S.C. § 3363 | China censorship monitor and action group

(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)

December 23, 2022 submit the strategy developed pursuant to subparagraph (A) to the appropriate congressional committees not later than 120 days after .

(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

December 23, 2022Not later than 90 days after , 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

December 23, 2022Not later than 90 days after , 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

December 23, 2022Not later than 1 year after , 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

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

Pub. L. 117–263, div. E, title LV, § 5515Dec. 23, 2022136 Stat. 3313 (, , .)

Executive Documents

Establishment of the China Censorship Monitor and Action Group

Dec. 12, 2024Memorandum of President of the United States, , 89 F.R. 102665, provided:

Memorandum for the Heads of Executive Departments and Agencies

By the authority vested in me as President by the Constitution and the laws of the United States of America, and to monitor and address the effects of any efforts by the People’s Republic of China (PRC), either directly or through proxies, to censor or intimidate any United States person, it is hereby ordered as follows:

SectionPolicyPublic Law 117–263 22 U.S.C. 3363(b) 1. . Consistent with section 5515(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (, ) (the “Act”), I am directing the Assistant to the President for National Security Affairs and the Director of the National Economic Council to lead an interagency effort to oversee the development and execution of an integrated Federal Government strategy to monitor and address the effects of any efforts by the PRC to censor or intimidate, in the United States or in any of its possessions or territories, any United States person, including a United States company that conducts business in the PRC, exercising its freedom of speech.

Sec.Establishment 2. . There is established within the Executive Office of the President the China Censorship Monitor and Action Group (Task Force).

Sec.Membership 3. . (a) The Task Force shall be chaired by the Assistant to the President for National Security Affairs, or his or her designee, and vice-chaired by the Director of the National Economic Council, or his or her designee.

(b) In addition to the Chair and the Vice Chair, the Task Force shall consist of representatives from the following executive departments and agencies (agencies), the heads of which shall designate or appoint personnel at the level of Assistant Secretary or above to participate in the Task Force:

(i) the Department of State;

(ii) the Department of the Treasury;

(iii) the Department of Defense;

(iv) the Department of Justice;

(v) the Department of Agriculture;

(vi) the Department of Commerce;

(vii) the Department of Education;

(viii) the Department of Homeland Security;

(ix) the Office of the Director of National Intelligence;

(x) the Office of the United States Trade Representative;

(xi) the Central Intelligence Agency;

(xii) the Federal Bureau of Investigation; and

(xiii) other agencies and offices as the President may, from time to time, designate.

Sec.Mission and Function22 U.S.C. 3363(b)(3)(A) 4. . The Task Force shall meet not less frequently than twice per year to oversee the development and execution of the integrated Federal Government strategy described in section 5515(b)(3)(A) of the Act (). That strategy shall reflect the collective views of the members of the Task Force and shall be informed by consultations with agencies and independent agencies that are not represented on the Task Force; relevant stakeholders in the private sector and the media; and relevant stakeholders among foreign allies and partners of the United States.

Sec.Annual Report of the Task ForceDec. 12, 202422 U.S.C. 3363(a)(1) 5. . (a) Within 120 days of the date of this memorandum [], the Task Force shall submit to the President and the appropriate congressional committees, as defined in section 5515(a)(1) of the Act (), the strategy described in section 5515(b)(3)(A) of the Act.

22 U.S.C. 3363(b)(6)(b) Within 180 days of the date of this memorandum, the Task Force shall submit to the President and the appropriate congressional committees, and make publicly available to the extent consistent with national security and other executive branch confidentiality interests, the first annual report described in section 5515(b)(6)(A)–(B) of the Act ([(A), (B)]).

22 U.S.C. 3363(d)(c) Within 1 year of submitting the first annual report described in subsection (b) of this section, and every year thereafter, the Task Force shall submit to the President and the appropriate congressional committees, and make publicly available to the extent consistent with national security and other executive branch confidentiality interests, the required follow-on annual reports described in section 5515(b)(6)(A)–(B) of the Act, until the requirement terminates as specified in section 5515(d) of the Act ().

Sec.Definition22 U.S.C. 3363(a)(3) 6. . For purposes of this memorandum, the term “United States person” shall have the meaning provided in section 5515(a)(3) of the Act ().

Sec.General Provisions 7. . (a) Nothing in this memorandum shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d) The Attorney General is authorized and directed to publish this memorandum in the Federal Register.

J.R. Biden, Jr.