[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1543 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1543
To provide authorities to prohibit the provision of services by social
media platforms to certain individuals and entities on the Specially
Designated Nationals List and senior officials of governments of a
state sponsor of terrorism.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 3, 2021
Mr. Barr (for himself, Mr. Banks, Mr. Wilson of South Carolina, Mr.
Waltz, Mr. Mooney, Mr. Reschenthaler, Mr. Posey, Mr. Steube, Mr.
DesJarlais, Mr. Murphy of North Carolina, Mr. Kelly of Mississippi, Mr.
Baird, Mr. Lamborn, Mr. Turner, Mr. Jackson, Mr. Keller, Mr. Carl, Mr.
Rose, Mr. Tiffany, Mrs. McClain, Mr. Babin, Mr. Steil, Mr. Bost, Mr.
Johnson of Louisiana, Mrs. Hartzler, Mr. Jacobs of New York, Mrs.
Lesko, Mr. Loudermilk, Mr. Dunn, Mr. Norman, Mr. Clyde, Mr. Cawthorn,
Mr. Rouzer, Mr. McKinley, Ms. Tenney, Mr. Pfluger, Mr. Mann, Mr.
Stauber, Mr. Budd, Mrs. Cammack, Mr. Roy, Mr. Gooden of Texas, and Mr.
LaMalfa) 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 certain individuals and entities on the Specially
Designated Nationals List and senior officials of governments of a
state sponsor of terrorism.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Social Media Accounts for
Terrorists or State Sponsors of Terrorism Act of 2021''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Despite having one of his Twitter accounts suspended,
the Supreme Leader of Iran, Ayatollah Ali Khamanei, a Specially
Designated Global Terrorist by the Department of the Treasury,
and the leader of the world's leading State Sponsor of
Terrorism, has multiple social media accounts on Twitter and
Instagram. The Supreme Leader has used his accounts to threaten
violence against Americans, support the destruction of the
State of Israel, promote conspiracy theories and disinformation
regarding COVID-19 vaccines, and incite anti-Semitism on a
number of occasions.
(2) The Foreign Minister of Iran, Javad Zarif, a senior
official of a State Sponsor of Terrorism, has a number of
social media accounts on Twitter, Instagram, and other
platforms. On January 2, 2021, Zarif tweeted an anti-Semitic
conspiracy theory that Israel was plotting attacks on Americans
in Iraq.
(3) The President of the Syria, Bashar al-Assad,
responsible for the brutal killing of half a million of his own
people, and the President of a State Sponsor of Terrorism, has
multiple social media accounts on Twitter and Instagram. He has
used his accounts on social media to whitewash and promote his
regime, and promote hatred against the United States and
Israel.
(4) The President of Cuba, Miguel Diaz-Canel, who heads a
regime responsible for multiple gross violations of human
rights, and which is a State Sponsor of Terrorism, has an
account on Twitter representing the official Cuban Presidency.
He has used his account on social media to promote global
communism, anti-Americanism, and whitewash the Cuban regime's
human rights abuses.
(5) Terrorist organizations and entities sanctioned for
terrorism under Executive Order 13224, including the Iranian
Islamic Revolutionary Guard Corps (IRGC), Hezbollah, Kata'ib
Hezbollah, Hamas, and Asa'ib ahl al-Haq, have a number of
social media accounts on Twitter, Facebook, Instagram, and
YouTube.
(6) Social media platforms make a profit on accounts
provided and maintained to individuals and entities sanctioned
for terrorism through the sale of advertisements which are
viewed by such sanctioned individuals through their accounts.
(7) Economic sanctions prohibiting the provision of
services to individuals and entities sanctioned for terrorism
should apply to social media platforms, while still supporting
the free flow of information and maintaining the important
principle that information should remain free of sanctions.
SEC. 3. AUTHORITIES TO PROHIBIT THE PROVISION OF SERVICES BY SOCIAL
MEDIA PLATFORMS TO CERTAIN INDIVIDUALS AND ENTITIES ON
THE SPECIALLY DESIGNATED NATIONALS LIST AND SENIOR
OFFICIALS OF GOVERNMENTS OF A STATE SPONSOR OF TERRORISM.
(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; or
``(B) an individual who is a senior official of a
government of a state sponsor of terrorism, if such provider
knew or should have known that such individual was such a
senior official and that such provider was providing such
service to such individual.
``(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 a state sponsor
of terrorism described in paragraph (1)(B) solely for legitimate
emergency alert purposes.
``(3) In this subsection--
``(A) 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;
``(B) 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;
``(C) the term `senior official', with respect to the
government of a state sponsor of terrorism, means--
``(i) the head of state;
``(ii) the head of government;
``(iii) the Supreme Leader;
``(iv) a member of the cabinet;
``(v) any other high ranking official in the
defense, security, or foreign affairs apparatus of the
government; or
``(vi) any other official which the President
determines to be a `senior official' for purposes of
this subparagraph; and
``(D) the term `state sponsor of terrorism' means a country
the government of which the Secretary of State determines has
repeatedly provided support for international terrorism
pursuant to--
``(i) section 1754(c)(1)(A) of the Export Control
Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A));
``(ii) section 620A of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371);
``(iii) section 40 of the Arms Export Control Act
(22 U.S.C. 2780); or
``(iv) any other provision of law.''.
(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--
(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; or
(B) an individual who is a senior official of a
government of a state sponsor of terrorism, if such
provider knew or should have known that such individual
was such a senior official and that such provider was
providing such service to such individual.
(2) Exception.--The authority granted to the President by
this subsection 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 a state sponsor of terrorism described in
paragraph (1)(B) solely for legitimate emergency alert
purposes.
(3) 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 such a waiver is in the national
security interests of the United States.
(4) 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) Sense of Congress.--It is the sense of Congress that--
(1) the Department of the Treasury and the Department of
State should encourage the free flow of information in Iran,
Syria, North Korea, Cuba, and other countries controlled by
authoritarian regimes in order to counter such regimes'
repression of their peoples; and
(2) in order to facilitate the free flow of information in
such countries, in implementing this Act and the amendments
made by this Act, the Department of Treasury should ensure that
consumer communication technologies, as well as tools to
circumvent government censorship, are available to civil
society and democratic activists in such countries.
(d) Rule of Construction.--Nothing in this Act or any amendment
made by this Act--
(1) may be construed to restrict the ability of the general
populations of Iran, Syria, North Korea, Cuba, and other
countries controlled by authoritarian regimes to create or
maintain accounts or profiles on social media platforms for
individuals or entities not listed in paragraph (1) of
subsection (c) of the International Emergency Economic Powers
Act (50 U.S.C. 1702), as added by subsection (a) of this
section; and
(2) may be construed to restrict or prohibit private
communications.
(e) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Treasury, in consultation
with the Secretary of State, shall submit to the appropriate
congressional committees a report on--
(1) the status of sanctions imposed pursuant to subsection
(b), including the impact of such sanctions on the sanctioned
individuals and entities; and
(2) efforts taken to facilitate the free flow of
information in Iran, Syria, North Korea, Cuba, and other
countries controlled by authoritarian regimes and access to
communications technologies by civil society and democratic
activists in such countries.
(f) 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 Act and
the amendments made by this Act.
(2) Notification to congress.--No later than 10 days before
the prescription of regulations under subsection (1), the
President shall notify the appropriate congressional committees
regarding the proposed regulations and the provisions this Act
and the amendments made by this Act that the regulations are
implementing.
(g) 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 of the Senate.
(2) Covered service; senior official; social media
platform; state sponsor of terrorism.--The terms ``covered
service'', ``senior official'', ``social media platform'', and
``state sponsor of terrorism'' 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.
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