[Congressional Record Volume 169, Number 123 (Tuesday, July 18, 2023)]
[Senate]
[Pages S3019-S3020]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 841. Mr. HAWLEY submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of title X, add the following:

           Subtitle H--No TikTok on United States Devices Act

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``No TikTok on United 
     States Devices Act''.

     SEC. 1092. 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--

[[Page S3020]]

       (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. 1093. 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. 1094. 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 subtitle, which shall include a briefing on the report 
     required by section 1093(a).
                                 ______