[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 85 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 85
To impose sanctions with respect to TikTok, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25, 2023
Mr. Hawley introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To impose sanctions with respect to TikTok, and for other purposes.
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 TikTok on United States Devices
Act''.
SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO TIKTOK.
(a) Blocking of Property.--On and after the date that is 30 days
after the date of the enactment of this Act, the President shall
exercise all the powers granted to the President under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et. seq.)
to the extent necessary to block and prohibit all transactions in all
property and interests in property of a covered company if such
property and interests in property--
(1) are in the United States or come within the United
States; or
(2) to the extent necessary to prevent commercial operation
of the covered company in the United States, are or come within
the possession or control of a United States person.
(b) Inapplicability of National Emergency Requirement.--The
requirements of section 202 of the International Emergency Economic
Powers Act (50 U.S.C. 1701) shall not apply for purposes of this
section.
(c) Implementation.--
(1) In general.--Except as provided in paragraph (2), the
President may exercise all authorities provided under sections
203 and 205 of the International Emergency Economic Powers Act
(50 U.S.C. 1702 and 1704) to carry out this section.
(2) Exceptions.--The exceptions under subsection (b) of
section 203 of the International Emergency Economic Powers Act
(50 U.S.C. 1702) shall not apply to the use by the President in
carrying out this section of the authorities under such section
203.
(d) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this section or any
regulation, license, or order issued to carry out this section shall be
subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
(e) National Security and Research Exceptions.--Sanctions under
this section shall not apply with respect to law enforcement
activities, national security interests and activities, and security
research activities, as provided under the standards and guidelines
developed by the Director of the Office of Management and Budget under
section 102(b)(1) of the No TikTok on Government Devices Act (division
R of Public Law 117-328).
(f) Covered Company Defined.--In this section, the term ``covered
company'' means--
(1) ByteDance Limited, or any successor entity to ByteDance
Limited, if ByteDance Limited or the successor entity--
(A) is involved in matters relating to the social
networking service TikTok, or any successor service; or
(B) is involved in matters relating to any
information, videos, or data associated with such
service; or
(2) any entity owned by ByteDance Limited or the successor
entity that--
(A) is involved in matters relating to the social
networking service TikTok, or any successor service; or
(B) is involved in matters relating to any
information, videos, or data associated with such
service.
SEC. 3. REPORT ON THREATS TO NATIONAL SECURITY POSED BY TIKTOK.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the Secretary of Defense, the Director of the
Cybersecurity and Infrastructure Security Agency, the Secretary of
Homeland Security, and the Director of the Federal Bureau of
Investigation, shall submit to Congress a report on the threats to
national security posed by TikTok, including the following:
(1) The ability of the Government of the People's Republic
of China to access, directly or indirectly, data of users in
the United States via TikTok.
(2) The ability of the Government of the People's Republic
of China to use data of users in the United States, including
that of members of the Armed Forces, accessed via TikTok for
intelligence or military purposes, including surveillance,
microtargeting, deepfakes, or blackmail.
(3) Any ongoing efforts by the Government of the People's
Republic of China to monitor or manipulate United States
persons using data accessed via TikTok, including a detailed
account of any data employed for those purposes.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex.
SEC. 4. BRIEFING.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall provide to Congress a
classified briefing on the implementation of this Act, which shall
include a briefing on the report required by section 3(a).
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