S.Amdt. 841

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).
______