[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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