[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 872 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 872
To identify social media entities under the influence of certain
foreign entities and to take measures to protect the United States from
such entities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 16, 2023
Mr. Cotton introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To identify social media entities under the influence of certain
foreign entities and to take measures to protect the United States from
such entities, 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 ``Stopping Attempts by Foreign
Entities to Target Youths on Social Media Act Act of 2023'' or the
``SAFETY on Social Media Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) App.--The term ``app'' means a software application or
electronic service that may be run or directed by a user on a
computer, a mobile device, or any other general purpose
computing device.
(2) App store.--The term ``app store'' means a publicly
available website, software application, or other electronic
service that distributes apps from third-party developers to
users of a computer, a mobile device, or any other general
purpose computing device.
(3) Covered nation.--The term ``covered nation'' has the
meaning given that term in section 4872 of title 10, United
States Code.
(4) Foreign entity of concern.--The term ``foreign entity
of concern'' means--
(A) the government, Armed Forces, or ruling party
of a covered nation;
(B) any entity that is owned or controlled,
directly or indirectly, by the government, Armed
Forces, or ruling party of a covered nation;
(C) any entity that is organized under the laws of,
or otherwise subject to the jurisdiction of, the
government of a covered nation; or
(D) any entity acting on behalf of an entity
described in subparagraph (A), (B), or (C).
(5) Foreign person.--The term ``foreign person'' means any
individual or entity that is not a United States person.
(6) Social media entity.--The term ``social media entity''
means any entity that--
(A) owns or operates, directly or indirectly, an
app or website, the primary or sole purpose of which is
not--
(i) to conduct commercial transactions;
(ii) to make video games available for play
by users;
(iii) to report news; or
(iv) to provide other kinds of information
concerning businesses, products, or travel
information; and
(B) allows users of the app or website to publish
and distribute to the public or to other users text,
images, videos, and other forms of media content.
(7) 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 of any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 3. LIST OF UNTRUSTWORTHY APPLICATIONS AND SOCIAL MEDIA ENTITIES.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter, the President shall
publish and submit to Congress a list of untrustworthy applications and
social media entities (in this Act referred to as the ``List''), which
shall include all entities that meet the criteria described in
subsection (b).
(b) Criteria for List.--The President shall include on the List any
social media entity that--
(1) is a foreign person;
(2) owns or controls, is directly or indirectly owned or
controlled by, or is under common ownership or control with a
foreign entity of concern;
(3)(A) as a result of the influence of a foreign entity of
concern--
(i) has altered the content of an app or website
owned or operated by the social media entity to comply
with the request of, or to advance the interests of, a
foreign entity of concern; or
(ii) has shared the data of United States persons
with a foreign entity of concern; or
(B) may be compelled by a foreign entity of concern--
(i) to alter the content of an app or website owned
or operated by the social media entity; or
(ii) to share the data of United States persons
with a foreign entity of concern; and
(4) had, in at least one month in the 12-month period
preceding submission of the report, more than--
(A) 1,000,000 active monthly users; or
(B) 1,000,000 downloads.
SEC. 4. BLOCKING OF PROPERTY OF LISTED ENTITIES.
(a) In General.--Not later than 30 days after each publication of
the List under section 3, the President shall exercise all of 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 property and interests in
property of each entity on the List if such property and interests in
property are in the United States, come within the United States, or
are or come within the possession or control of a United States person.
(b) Inapplicability of Certain IEEPA Provisions.--For purposes of
subsection (a), the following provisions of the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) shall not apply:
(1) The requirement under section 202(b) (50 U.S.C.
1701(b)) to declare a national emergency.
(2) The exceptions under section 203(b) of that Act (50
U.S.C. 1702(b)).
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise the
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to the extent necessary to carry out this
section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (a) or any regulation, license, or order issued to
carry out that subsection 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.
SEC. 5. HALTING OPERATIONS OF LISTED ENTITIES.
(a) Removal From App Stores.--After the first publication of the
List under section 3 and not later than 1 year after the date of the
enactment of this Act, the Federal Communications Commission (referred
to in this section as the ``Commission'') shall prescribe a rule
prohibiting any entity that owns, controls, or operates an app store in
the United States from carrying or supporting in the app store in the
United States an app or website owned or operated by a social media
entity that is on the List.
(b) Internet Service Providers.--
(1) In general.--After the first publication of the List
under section 3 and not later than 1 year after the date of the
enactment of this Act, the Commission shall prescribe a rule
requiring each internet service provider to ensure that the
internet service of the provider cannot be used to access the
website of any social media entity on the List.
(2) Liability protection.--An internet service provider
shall not be liable under the rule prescribed under paragraph
(1) for access to the website of a social media entity on the
List that is obtained through the use of a virtual private
network.
(c) Enforcement.--The Commission may impose a forfeiture penalty
under section 503 of the Communications Act of 1934 (47 U.S.C. 503) on
any person who violates a rule prescribed under this section.
(d) Rule of Construction.--Nothing in this section may be construed
to give the Commission the authority to carry out any action under
subsection (a) or (b) with respect to any entity that is not on the
List.
SEC. 6. COUNTERMEASURES AGAINST EMPLOYEES OF LISTED ENTITIES.
(a) Visa Ineligibility.--Beginning on the date that is 30 days
after an entity is first included on the List--
(1) any foreign person employed by such entity on or after
such date of first inclusion who is a national of a covered
nation--
(A) shall be permanently ineligible to be issued or
to retain a nonimmigrant visa under section
101(a)(15)(H)(i)(b) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)(i)(b)); and
(B) shall be ineligible to be issued or to retain
any other visa authorizing entry into the United States
until the date that is 3 years after the date on
which--
(i) such foreign person terminates his or
her employment with such entity; or
(ii) such entity is removed from the List;
and
(2) any foreign person employed by such entity on or after
such date of first inclusion who is not a national of a covered
nation shall be ineligible to be issued or to retain any visa
authorizing entry into the United States until the date that is
3 years after the date on which--
(A) such foreign person terminates his or her
employment with such entity; or
(B) such entity is removed from the List.
(b) Foreign Agent Registration Required.--
(1) Registration.--Section 1(b) of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 611(b)) is
amended--
(A) in paragraph (2), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) an entity on the list of untrustworthy applications
and social media entities under section 3 of the Stopping
Attempts by Foreign Entities to Target Youths on Social Media
Act Act of 2023.''.
(2) Cessation of employment.--Section 2 of the Foreign
Agents Registration Act of 1938, as amended (22 U.S.C. 612) is
amended by adding at the end the following:
``(e) Agents of Entities Listed in the Untrustworthy Applications
and Social Media Entities List.--Any individual who ceases employment
as an agent of a foreign principal that is an entity on the list of
untrustworthy applications and social media entities under section 3 of
the Stopping Attempts by Foreign Entities to Target Youths on Social
Media Act Act of 2023 shall, during the 2-year period beginning on the
date on which the individual ceases such employment with the foreign
principal--
``(1) continue to register as an agent of a foreign
principal; and
``(2) be subject to the penalties under section 8 of this
Act.''.
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