IB 

Union Calendar No. 43 

118TH CONGRESS 

1ST SESSION H. R. 1153 

[Report No. 118–63] 

To provide a clarification of non-applicability for regulation and prohibition 

relating to sensitive personal data under the International Emergency 

Economic Powers Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 24, 2023 

Mr. MCCAUL introduced the following bill; which was referred to the 

Committee on Foreign Affairs 

MAY 16, 2023 

Additional sponsor: Mr. SMITH of New Jersey 

MAY 16, 2023 

Reported from the Committee on Foreign Affairs; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 


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A BILL 

To provide a clarification of non-applicability for regulation 

and prohibition relating to sensitive personal data under 

the International Emergency Economic Powers Act, and 

for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Deterring America’s Technological Adversaries Act’’ or 

6 ‘‘DATA Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Findings. 

Sec. 3. Authorization of appropriations. 

Sec. 4. Severability. 

Sec. 5. Definitions. 

TITLE I—CLARIFICATION OF NON-APPLICABILITY FOR REGULATION AND PROHIBITION RELATING TO SENSITIVE PERSONAL 

DATA UNDER INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT 

Sec. 101. Clarification. 

Sec. 102. Directive. 

TITLE II—IMPOSITION OF SANCTIONS ON CERTAIN TRANSACTIONS RELATING TO CONNECTED SOFTWARE APPLICATIONS 

Sec. 201. Imposition of sanctions. 

Sec. 202. Sanction described. 

Sec. 203. Sunset. 

TITLE III—SPECIFIC DETERMINATIONS WITH RESPECT TO THE 

IMPOSITION OF SANCTIONS 

Sec. 301. Determination relating to Bytedance, Ltd., TikTok, and related entities. 

Sec. 302. Requests by appropriate congressional committees. 

9 SEC. 2. FINDINGS. 

10 Congress finds the following: 

11 (1) On December 2, 2022, the Director of the 

12 Federal Bureau of Investigation, Christopher Wray, 

13 stated, ‘‘We . . . do have national security concerns 


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1 about the app [TikTok]. Its parent company is con2 trolled by the Chinese government. And it gives 

3 them the potential to leverage the app in ways that 

4 I think should concern us . . . One, it gives them 

5 the ability to control the recommendation algorithm 

6 which allows them to manipulate content and if they 

7 want to, to use it for influence operations which are 

8 a lot more worrisome in the hands of the Chinese 

9 Communist Party than whether or not you’re steer10 ing somebody as an influencer to one product or an11 other. They also have the ability to collect data 

12 through it on users which can be used for traditional 

13 espionage operations, for example. They also have 

14 the ability on it to get access, they have essentially 

15 access to the software to devices. So you’re talking 

16 about millions of devices and that gives them the 

17 ability to engage in different kinds of malicious 

18 cyber activity through that. And so all of these 

19 things are in the hands of a government that doesn’t 

20 share our values and that has a mission that’s very 

21 much at odds with what’s in the best interest of the 

22 United States that that should concern us.’’. 

23 (2) On December 3, 2022, the Director of Na24 tional Intelligence, Avril Haines, ‘‘It is extraordinary 

25 the degree to which China, in particular, but they’re 


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1 not the only ones, obviously, are developing just 

2 frameworks for collecting foreign data and pulling it 

3 in and their capacity to then turn that around and 

4 use it to target audiences for information campaigns 

5 or for other things, but also to have it for the future 

6 so that they can use it for a variety of means that 

7 they’re interested in.’’. 

8 (3) On December 16, 2022, the Director of 

9 Central Intelligence, Bill Burns, stated, ‘‘I think it’s 

10 a genuine concern . . . for the U.S. government, in 

11 the sense that, because the parent company of 

12 TikTok is a Chinese company, the Chinese govern13 ment is able to insist upon extracting the private 

14 data of a lot of TikTok users in this country, and 

15 also to shape the content of what goes on to TikTok 

16 as well to suit the interests of the Chinese leadership 

17 . . . What I would underscore, though, is that it’s 

18 genuinely troubling to see what the Chinese govern19 ment could do to manipulate TikTok.’’. 

20 (4) On December 23, 2022, both chambers of 

21 Congress passed a bipartisan spending bill that in22 cluded a ban on using TikTok from government de23 vices. 


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1 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

2 No additional amounts are authorized to be made 

3 available to carry out this Act. 

4 SEC. 4. SEVERABILITY. 

5 If any provision of this Act or its application to any 

6 person or circumstance is held invalid, the invalidity does 

7 not affect other provisions or applications of this section 

8 that can be given effect without the invalid provision or 

9 application, and to this end the provisions of this Act are 

10 severable. 

11 SEC. 5. DEFINITIONS. 

12 In this Act: 

13 (1) AGENCY OR INSTRUMENTALITY OF A FOR14 EIGN STATE.—The term ‘‘agency or instrumentality 

15 of a foreign state’’ has the meaning given such term 

16 under section 1603(b) of title 28, United States 

17 Code. 

18 (2) APPROPRIATE CONGRESSIONAL COMMIT19 TEES.—The term ‘‘appropriate congressional com20 mittees’’ means— 

21 (A) the Committee on Foreign Affairs, 

22 Committee on Ways and Means, and the Com23 mittee on Financial Services of the House of 

24 Representatives; and 


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1 (B) the Committee on Foreign Relations 

2 and the Committee on Banking, Housing, and 

3 Urban Affairs of the Senate. 

4 (3) CHINA.—The term ‘‘China’’ means— 

5 (A) when used in the geographic sense, the 

6 country of the People’s Republic of China; and 

7 (B) otherwise, the Government of the 

8 country of the People’s Republic of China, in9 cluding any entity acting on behalf of, or the 

10 benefit of— 

11 (i) the country of the People’s Repub12 lic of China; or 

13 (ii) the Government of the country of 

14 the People’s Republic of China. 

15 (4) CONNECTED SOFTWARE APPLICATION.— 

16 The term ‘‘connected software application’’ has the 

17 meaning given such term in Executive Order 14034 

18 (86 Fed. Reg. 31423; relating to protecting Ameri19 cans’ sensitive data from foreign adversaries). 

20 (5) ELECTION INTERFERENCE IN OR AGAINST A

21 FOREIGN COUNTRY THAT IS A TREATY ALLY OF THE

22 UNITED STATES OR A DEMOCRATIC OR EMERGING

23 DEMOCRATIC PARTNER OF THE UNITED STATES.— 

24 The term ‘‘election interference in or against a for25 eign country that is a treaty ally of the United 


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1 States or a democratic or emerging democratic part2 ner of the United States’’ means actions to engage 

3 in, directly or indirectly, activities originating from, 

4 or directed by, persons located, in whole or in sub5 stantial part, outside the territory of a treaty ally of 

6 the United States or a democratic or emerging 

7 democratic partner of the United States that have 

8 the purpose or effect of tampering with, altering, un9 lawfully accessing, or causing a misappropriation of 

10 information with the purpose or effect of interfering 

11 with or undermining election processes or institu12 tions. 

13 (6) ELECTION INTERFERENCE IN OR AGAINST

14 THE UNITED STATES.—The term ‘‘election inter15 ference in or against the United States’’ includes ac16 tions to engage in, directly or indirectly, activities 

17 originating from, or directed by persons located, in 

18 whole or in substantial part, outside the United 

19 States that— 

20 (A) have the purpose or effect of tam21 pering with, altering, unlawfully accessing, or 

22 causing a misappropriation of information with 

23 the purpose or effect of undermining election 

24 processes or institutions; 


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1 (B) deny access, block, degrade, or alter 

2 election and campaign infrastructure, or related 

3 systems or data related to political parties, can4 didates in elections for public office, the admin5 istration of elections for public office, or any 

6 public election activity; or 

7 (C) consist of the making of contributions 

8 or donations, or any other activity prohibited 

9 under section 319 of the Federal Election Cam10 paign Act of 1971 (52 U.S.C. 30121), with the 

11 purpose or effect of undermining election proc12 esses or institutions. 

13 (7) FOREIGN PERSON.—The term ‘‘foreign per14 son’’— 

15 (A) means a person that is not a United 

16 States person; and 

17 (B) includes a nonresident alien individual, 

18 foreign corporation, foreign partnership, foreign 

19 trust, foreign estate. 

20 (8) KNOWINGLY.—The term ‘‘knowingly’’, with 

21 respect to conduct, a circumstance, or a result, 

22 means that a person has actual knowledge, or should 

23 have known, of the conduct, the circumstance, or the 

24 result. 


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1 (9) SENSITIVE PERSONAL DATA.—The term 

2 ‘‘sensitive personal data’’ has the meaning given 

3 such term in section 7.2 of title 15, Code of Federal 

4 Regulations (or any successor regulation). 

5 (10) TREATY ALLY OF THE UNITED STATES.— 

6 The term ‘‘treaty ally of the United States’’ means 

7 a foreign country that is a party to any of the fol8 lowing: 

9 (A) The North Atlantic Treaty, signed at 

10 Washington, April 4, 1949. 

11 (B) The Security Treaty Between Aus12 tralia, New Zealand, and the United States of 

13 America, signed at San Francisco, September 

14 1, 1951. 

15 (C) The Mutual Defense Treaty Between 

16 the United States of America and the Republic 

17 of the Philippines, signed at Washington, Au18 gust 30, 1951. 

19 (D) The Southeast Asia Collective Defense 

20 Treaty, signed at Manilla, September 8, 1954. 

21 (E) The Treaty of Mutual Cooperation and 

22 Security Between the United States of America 

23 and Japan, signed at Washington, January 19, 

24 1960. 


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1 (F) The Mutual Defense Treaty Between 

2 the United States of America and the Republic 

3 of Korea, signed at Washington, October 1, 

4 1953. 

5 (11) UNITED STATES PERSON.—The term 

6 ‘‘United States person’’ means— 

7 (A) a United States citizen; 

8 (B) a permanent resident alien; 

9 (C) an entity organized under the laws of 

10 the United States (including foreign branches); 

11 or 

12 (D) any person in the United States. 

13 TITLE I—CLARIFICATION OF 

14 NON-APPLICABILITY FOR 

15 REGULATION AND PROHIBI16 TION RELATING TO SEN17 SITIVE PERSONAL DATA 

18 UNDER INTERNATIONAL 

19 EMERGENCY ECONOMIC POW20 ERS ACT 

21 SEC. 101. CLARIFICATION. 

22 (a) IN GENERAL.—The importation to a country, or 

23 the exportation from a country, of sensitive personal data 

24 shall not constitute the importation from a country, or the 

25 exportation to a country, of information or informational 


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1 materials for purposes of paragraph (1) or (3) of section 

2 203(b) of the International Emergency Economic Powers 

3 Act (50 U.S.C. 1702(b)). 

4 (b) RULE OF CONSTRUCTION.—Nothing in sub5 section (a), and nothing in the International Emergency 

6 Economic Powers Act, may be construed to provide for 

7 the application of paragraph (1) or (3) of section 203(b) 

8 of the International Emergency Economic Powers Act (50 

9 U.S.C. 1702(b)) to the importation to China, or the expor10 tation from China, directly or indirectly, of sensitive per11 sonal data. 

12 SEC. 102. DIRECTIVE. 

13 Not later than 180 days after the date of the enact14 ment of this Act, the Secretary of the Treasury shall issue 

15 a directive prohibiting United States persons from engag16 ing in any transaction with a person that the Secretary 

17 of the Treasury determines knowingly provides or may 

18 transfer sensitive personal data of persons subject to 

19 United States jurisdiction to any foreign person that— 

20 (1) is subject to the jurisdiction or direction of, 

21 or directly or indirectly operating on behalf of, 

22 China; or 

23 (2) is owned by, directly or indirectly controlled 

24 by, or is otherwise subject to the influence of China. 


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1 TITLE II—IMPOSITION OF SANC2 TIONS ON CERTAIN TRANS3 ACTIONS RELATING TO CON4 NECTED SOFTWARE APPLICA5 TIONS 

6 SEC. 201. IMPOSITION OF SANCTIONS. 

7 (a) IN GENERAL.—The President shall impose the 

8 sanction described in section 202 with respect to any for9 eign person that, on or after the date of the enactment 

10 of this Act, knowingly— 

11 (1) operates, directs, or otherwise deals in a 

12 connected software application that— 

13 (A) is subject to the jurisdiction or direc14 tion of, or directly or indirectly operating on be15 half of China, or is owned by, directly or indi16 rectly controlled by, or otherwise subject to the 

17 influence of China; and 

18 (B) is reasonable believed to have facili19 tated or may be facilitating or contributing to 

20 China’s— 

21 (i) military, intelligence, espionage, or 

22 weapons proliferation activities; 

23 (ii) censorship activities; 

24 (iii) surveillance activities; 


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1 (iv) control or use of recommendation 

2 algorithms that are capable of manipu3 lating content; 

4 (v) malicious cyber activities; or 

5 (vi) use of data to target audiences 

6 for information campaigns; 

7 (2) directly or indirectly orders, controls, di8 rects, engages in, or otherwise facilitates an act of 

9 election interference against the United States; 

10 (3) directly or indirectly orders, controls, di11 rects, engages in, or otherwise facilitates an act of 

12 election interference in or against a foreign country 

13 that is— 

14 (A) a treaty ally of the United States; or 

15 (B) a democratic or emerging democratic 

16 partner of the United States; 

17 (4) directly or indirectly orders, controls, di18 rects, engages in, or otherwise facilitates an act of 

19 steering United States policy and regulatory deci20 sions in favor of China’s strategic objectives, to the 

21 detriment of the economic or national security of the 

22 United States; 

23 (5) knowingly facilitates a transaction or trans24 actions for or on behalf of a person described, or a 


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1 person that has engaged in the activity described, as 

2 the case may be, in paragraph (1), (2), (3), or (4); 

3 (6) knowingly assists, sponsors, or provides fi4 nancial, material, or technological support for a per5 son described, or a person that has engaged in the 

6 activity described, as the case may be, in paragraph 

7 (1), (2), (3), or (4); or 

8 (7) is owned or controlled by, or has acted for 

9 or on behalf of, directly or indirectly, a person de10 scribed, or a person that has engaged in the activity 

11 described, as the case may be, in paragraph (1), (2), 

12 (3), or (4). 

13 (b) LIST OF FOREIGN COUNTRIES THAT ARE DEMO14 CRATIC OR EMERGING DEMOCRATIC PARTNERS OF THE

15 UNITED STATES.— 

16 (1) IN GENERAL.—Not later than 90 days after 

17 the date of the enactment of this Act, the President 

18 shall submit to the appropriate congressional com19 mittees— 

20 (A) a definition of the term ‘‘democratic or 

21 emerging democratic partner of the United 

22 States’’; and 

23 (B) a list of foreign countries that are des24 ignated as a democratic or emerging democratic 

25 partner of the United States for purposes of 


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1 subsection (a)(3) that includes the countries 

2 listed in paragraph (2). 

3 (2) INITIAL DESIGNATIONS.—Sweden, Switzer4 land, Israel, India, and Taiwan shall be deemed to 

5 have been so designated as a democratic or emerging 

6 democratic partner of the United States for pur7 poses of subsection (a)(3). 

8 (3) UPDATES.—The President shall submit to 

9 the appropriate congressional committees an up10 dated list under subparagraph (A) on a periodic 

11 basis. 

12 SEC. 202. SANCTION DESCRIBED. 

13 (a) IN GENERAL.—The sanction described in this 

14 section is the exercise of all powers granted to the Presi15 dent by the International Emergency Economic Powers 

16 Act (50 U.S.C. 1701 et seq.) (except that the require17 ments of section 202 of such Act (50 U.S.C. 1701) shall 

18 not apply) to the extent necessary to block and prohibit 

19 all transactions in all property and interests in property 

20 of any foreign person or an agency or instrumentality of 

21 a foreign state, as the case may be, if such property and 

22 interests in property are in the United States, come within 

23 the United States, or are or come within the possession 

24 or control of a United States person. 


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1 (b) IMPLEMENTATION.—The President may exercise 

2 all authorities provided under sections 203 and 205 of the 

3 International Emergency Economic Powers Act (50 

4 U.S.C. 1702 and 1704) to carry out this title. 

5 (c) REGULATIONS.— 

6 (1) IN GENERAL.—The President shall pre7 scribe such regulations as may be necessary for the 

8 implementation of this title. 

9 (2) PRIOR BRIEFING REQUIRED.—Not later 

10 than 10 days before the prescription of regulations 

11 under paragraph (1), the President shall brief the 

12 appropriate congressional committees regarding the 

13 proposed regulations and the provisions of this title 

14 that such regulations are implementing. 

15 (d) PENALTIES.—A person that violates, attempts to 

16 violate, or causes a violation of any sanction authorized 

17 by this title, or any regulation, license, or order issued to 

18 carry out such sanctions, shall be subject to the penalties 

19 set forth in subsections (b) and (c) of section 206 of the 

20 International Emergency Economic Powers Act (50 

21 U.S.C. 1705) to the same extent as a person that commits 

22 an unlawful act described in subsection (a) of that section. 

23 (e) EXCEPTIONS.—The following activities shall not 

24 be subject to the imposition of sanctions under this title: 


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1 (1) Any authorized intelligence, law enforce2 ment, or national security activities of the United 

3 States. 

4 (2) Any transaction necessary to comply with 

5 United States obligations under the Agreement be6 tween the United Nations and the United States of 

7 America regarding the Headquarters of the United 

8 States, signed at Lake Success June 26, 1947, and 

9 entered into force November 21, 1947, or the Con10 vention on Consular Relations, done at Vienna April 

11 24, 1963, and entered into force March 19, 1967, or 

12 any other United States international agreement. 

13 (f) WAIVER.—The President may, on a case-by-case 

14 basis and for periods not to exceed 180 days each, waive 

15 the application of sanctions imposed with respect to a for16 eign person under this title if the President certifies to 

17 the appropriate congressional committees, not later than 

18 15 days before such waiver is to take effect, that the waiv19 er is vital to the national security interests of the United 

20 States. 

21 SEC. 203. SUNSET. 

22 This title, and the authorities provided by this title, 

23 shall terminate on the date that is 5 years after the date 

24 of the enactment of this Act. 


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1 TITLE III—SPECIFIC DETER2 MINATIONS WITH RESPECT 

3 TO THE IMPOSITION OF SANC4 TIONS 

5 SEC. 301. DETERMINATION RELATING TO BYTEDANCE, 

6 LTD., TIKTOK, AND RELATED ENTITIES. 

7 (a) IN GENERAL.—Not later than 90 days after the 

8 date of the enactment of this Act, and every 180 days 

9 thereafter for 3 years, the President shall transmit to the 

10 appropriate congressional committees a determination of 

11 whether reasonable grounds exist for concluding that any 

12 of the entities described in subsection (b)— 

13 (1) meets the criteria described in paragraph 

14 (1) or (2) of section 102 for purposes of applying a 

15 directive described in such section with respect to 

16 the entity; or 

17 (2) have engaged in any conduct described in 

18 section 201. 

19 (b) ENTITIES DESCRIBED.—The entities described in 

20 this subsection are— 

21 (1) Bytedance, Ltd.; 

22 (2) TikTok; 

23 (3) any subsidiary of or a successor to an entity 

24 described in paragraph (1) or (2); and 


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1 (4) any entity owned or controlled directly or 

2 indirectly by an entity described in paragraph (1), 

3 (2), or (3). 

4 (c) FORM.—The determination described in sub5 section (a) shall be transmitted in unclassified form, and 

6 any supporting documentation may be transmitted in a 

7 classified annex. 

8 (d) APPLICATION OF SANCTIONS.—If the President 

9 makes an affirmative decision under subsection (a) with 

10 respect to any entity described in subsection (b), the Presi11 dent shall impose the sanction described in section 202 

12 with respect to the entity, as appropriate. 

13 SEC. 302. REQUESTS BY APPROPRIATE CONGRESSIONAL 

14 COMMITTEES. 

15 (a) IN GENERAL.—Not later than 120 days after re16 ceiving a request from the chairperson or ranking member 

17 of one or more of the appropriate congressional commit18 tees with respect to whether a foreign person meets the 

19 criteria described in paragraph (1) or (2) of section 102 

20 for purposes of applying a directive described in such sec21 tion with respect to the person, or have engaged in any 

22 conduct described in section 201 for the imposition of the 

23 sanction described in section 202, the President shall— 

24 (1) determine if that person meets the require25 ments described in the applicable section; and 


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1 (2) submit to the chairperson and ranking 

2 member of the committee or committees a report 

3 that includes— 

4 (A) a statement of whether or not the 

5 President imposed or intends to impose such 

6 sanction with respect to the person; and 

7 (B) if applicable, a description of the sanc8 tion so imposed or intended to be imposed. 

9 (b) AVAILABILITY OF INFORMATION.— 

10 (1) IN GENERAL.—Any information obtained at 

11 any time with respect to the President making a de12 termination with respect to a foreign person under 

13 subsection (a), or under any review of the foreign 

14 person through other United States Government na15 tional security review processes, shall be made avail16 able to a committee or subcommittee of Congress of 

17 appropriate jurisdiction, upon the request of the 

18 chairman or ranking minority member of such com19 mittee or subcommittee. 

20 (2) PROHIBITION ON DISCLOSURE.—No such 

21 committee or subcommittee, or member thereof, may 

22 disclose any information made available under clause 

23 (i), that is submitted on a confidential basis unless 

24 the full committee determines that the withholding 


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1 of that information is contrary to the national inter2 est. 

3 (c) FORM.—Each determination described in sub4 section (a)(1), and each report under subsection (a)(2), 

5 may be submitted in classified or unclassified form, and 

6 any supporting documentation to such determination or 

7 report may contain a classified annex. 


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Union Calendar No. 43 

118TH CONGRESS 

1ST SESSION H. R. 1153 

[Report No. 118–63] 

A BILL 

To provide a clarification of non-applicability for 

Economic Powers Act, and for other purposes. personal data under the International Emergency regulation and prohibition relating to sensitive 

MAY 16, 2023 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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