Federal

No TikTok on United States Devices Act

Source: Congress.gov · 1,097 words in original text

What This Bill Does

This bill directs the President to block all property and assets of TikTok (and companies controlling it) that are located in or controlled by people in the United States. The bill also requires government officials to report to Congress about national security threats posed by TikTok, including potential access to user data by the Chinese government. ##

Who It Affects

* The President of the United States * ByteDance Limited (TikTok's parent company) and any successor companies * Entities owned by ByteDance Limited involved with TikTok * Congress and federal intelligence agencies * Any person or business attempting to conduct transactions involving TikTok's property ##

Key Provisions

* The President must block and prohibit all transactions involving TikTok property and assets located in the United States or controlled by U.S. persons, effective 30 days after the bill becomes law (Sec. 2(a)) * The President can use powers under the International Emergency Economic Powers Act (a law giving the President authority to regulate commerce during emergencies) to carry out these sanctions (Sec. 2(c)) * People who violate this law face penalties as specified in the International Emergency Economic Powers Act (Sec. 2(d)) * Exceptions apply for law enforcement activities, national security interests and activities, and security research activities as defined by the Director of the Office of Management and Budget (Sec. 2(e)) * The Director of National Intelligence must submit a report to Congress within 120 days addressing China's ability to access U.S. user data through TikTok and potential uses for intelligence, military purposes, surveillance, microtargeting, deepfakes, or blackmail (Sec. 3(a)) ##

What Changes

If this bill becomes law, the President gains authority to freeze all TikTok-related property and assets located in or controlled by Americans. No transactions involving this property can occur. Congress will receive detailed reports about national security risks from TikTok related to Chinese government access to American user data. ##

Important Definitions

* "Covered company" means ByteDance Limited or its successors, and any entities owned by ByteDance Limited that are involved with TikTok, its successor services, or any information, videos or data associated with those services (Sec. 2(f)) ##

Effective Date

30 days after the bill becomes law (Sec. 2(a))

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘No TikTok on United 4 States Devices Act’’. 5 SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO 6 TIKTOK. 7 (a) BLOCKING OF PROPERTY.—On and after the date 8 that is 30 days after the date of the enactment of this 9 Act, the President shall exercise all the powers granted 10 to the President under the International Emergency Eco- 11 VerDate Sep 11 2014 02:09 Feb 01, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S85.IS S85 kjohnson on DSK79L0C42PROD with BILLS 2 •S 85 IS nomic Powers Act (50 U.S.C. 1701 et. seq.) to the extent 1 necessary to block and prohibit all transactions in all prop- 2 erty and interests in property of a covered company if such 3 property and interests in property— 4 (1) are in the United States or come within the 5 United States; or 6 (2) to the extent necessary to prevent commer- 7 cial operation of the covered company in the United 8 States, are or come within the possession or control 9 of a United States person. 10 (b) INAPPLICABILITY OF NATIONAL EMERGENCY RE- 11 QUIREMENT.—The requirements of section 202 of the 12 International Emergency Economic Powers Act (50 13 U.S.C. 1701) shall not apply for purposes of this section. 14 (c) IMPLEMENTATION.— 15 (1) IN GENERAL.—Except as provided in para- 16 graph (2), the President may exercise all authorities 17 provided under sections 203 and 205 of the Inter- 18 national Emergency Economic Powers Act (50 19 U.S.C. 1702 and 1704) to carry out this section. 20 (2) EXCEPTIONS.—The exceptions under sub- 21 section (b) of section 203 of the International Emer- 22 gency Economic Powers Act (50 U.S.C. 1702) shall 23 not apply to the use by the President in carrying out 24 VerDate Sep 11 2014 02:09 Feb 01, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S85.IS S85 kjohnson on DSK79L0C42PROD with BILLS 3 •S 85 IS this section of the authorities under such section 1 203. 2 (d) PENALTIES.—A person that violates, attempts to 3 violate, conspires to violate, or causes a violation of this 4 section or any regulation, license, or order issued to carry 5 out this section shall be subject to the penalties set forth 6 in subsections (b) and (c) of section 206 of the Inter- 7 national Emergency Economic Powers Act (50 U.S.C. 8 1705) to the same extent as a person that commits an 9 unlawful act described in subsection (a) of that section. 10 (e) NATIONAL SECURITY AND RESEARCH EXCEP- 11 TIONS.—Sanctions under this section shall not apply with 12 respect to law enforcement activities, national security in- 13 terests and activities, and security research activities, as 14 provided under the standards and guidelines developed by 15 the Director of the Office of Management and Budget 16 under section 102(b)(1) of the No TikTok on Government 17 Devices Act (division R of Public Law 117–328). 18 (f) COVERED COMPANY DEFINED.—In this section, 19 the term ‘‘covered company’’ means— 20 (1) ByteDance Limited, or any successor entity 21 to ByteDance Limited, if ByteDance Limited or the 22 successor entity— 23 VerDate Sep 11 2014 02:09 Feb 01, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S85.IS S85 kjohnson on DSK79L0C42PROD with BILLS 4 •S 85 IS (A) is involved in matters relating to the 1 social networking service TikTok, or any suc- 2 cessor service; or 3 (B) is involved in matters relating to any 4 information, videos, or data associated with 5 such service; or 6 (2) any entity owned by ByteDance Limited or 7 the successor entity that— 8 (A) is involved in matters relating to the 9 social networking service TikTok, or any suc- 10 cessor service; or 11 (B) is involved in matters relating to any 12 information, videos, or data associated with 13 such service. 14 SEC. 3. REPORT ON THREATS TO NATIONAL SECURITY 15 POSED BY TIKTOK. 16 (a) IN GENERAL.—Not later than 120 days after the 17 date of the enactment of this Act, the Director of National 18 Intelligence, in consultation with the Secretary of Defense, 19 the Director of the Cybersecurity and Infrastructure Secu- 20 rity Agency, the Secretary of Homeland Security, and the 21 Director of the Federal Bureau of Investigation, shall sub- 22 mit to Congress a report on the threats to national secu- 23 rity posed by TikTok, including the following: 24 VerDate Sep 11 2014 02:09 Feb 01, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S85.IS S85 kjohnson on DSK79L0C42PROD with BILLS 5 •S 85 IS (1) The ability of the Government of the Peo- 1 ple’s Republic of China to access, directly or indi- 2 rectly, data of users in the United States via 3 TikTok. 4 (2) The ability of the Government of the Peo- 5 ple’s Republic of China to use data of users in the 6 United States, including that of members of the 7 Armed Forces, accessed via TikTok for intelligence 8 or military purposes, including surveillance, micro- 9 targeting, deepfakes, or blackmail. 10 (3) Any ongoing efforts by the Government of 11 the People’s Republic of China to monitor or manip- 12 ulate United States persons using data accessed via 13 TikTok, including a detailed account of any data 14 employed for those purposes. 15 (b) FORM.—The report required by subsection (a) 16 shall be submitted in unclassified form, but may contain 17 a classified annex. 18 SEC. 4. BRIEFING. 19 Not later than 180 days after the date of the enact- 20 ment of this Act, the Director of National Intelligence 21 shall provide to Congress a classified briefing on the imple- 22 mentation of this Act, which shall include a briefing on 23 the report required by section 3(a). 24 Æ VerDate Sep 11 2014 02:09 Feb 01, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S85.IS S85 kjohnson on DSK79L0C42PROD with BILLS

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