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. 

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. 

4 This Act may be cited as the ‘‘No TikTok on United 

5 States Devices Act’’. 

6 SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO 

7 TIKTOK. 

8 (a) BLOCKING OF PROPERTY.—On and after the date 

9 that is 30 days after the date of the enactment of this 

10 Act, the President shall exercise all the powers granted 

11 to the President under the International Emergency EcoVerDate Sep 11 2014 02:09 Feb 01, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S85.IS S85

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1 nomic Powers Act (50 U.S.C. 1701 et. seq.) to the extent 

2 necessary to block and prohibit all transactions in all prop3 erty and interests in property of a covered company if such 

4 property and interests in property— 

5 (1) are in the United States or come within the 

6 United States; or 

7 (2) to the extent necessary to prevent commer8 cial operation of the covered company in the United 

9 States, are or come within the possession or control 

10 of a United States person. 

11 (b) INAPPLICABILITY OF NATIONAL EMERGENCY RE12 QUIREMENT.—The requirements of section 202 of the 

13 International Emergency Economic Powers Act (50 

14 U.S.C. 1701) shall not apply for purposes of this section. 

15 (c) IMPLEMENTATION.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2), the President may exercise all authorities 

18 provided under sections 203 and 205 of the Inter19 national Emergency Economic Powers Act (50 

20 U.S.C. 1702 and 1704) to carry out this section. 

21 (2) EXCEPTIONS.—The exceptions under sub22 section (b) of section 203 of the International Emer23 gency Economic Powers Act (50 U.S.C. 1702) shall 

24 not apply to the use by the President in carrying out 


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1 this section of the authorities under such section 

2 203. 

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

4 violate, conspires to violate, or causes a violation of this 

5 section or any regulation, license, or order issued to carry 

6 out this section shall be subject to the penalties set forth 

7 in subsections (b) and (c) of section 206 of the Inter8 national Emergency Economic Powers Act (50 U.S.C. 

9 1705) to the same extent as a person that commits an 

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

11 (e) NATIONAL SECURITY AND RESEARCH EXCEP12 TIONS.—Sanctions under this section shall not apply with 

13 respect to law enforcement activities, national security in14 terests and activities, and security research activities, as 

15 provided under the standards and guidelines developed by 

16 the Director of the Office of Management and Budget 

17 under section 102(b)(1) of the No TikTok on Government 

18 Devices Act (division R of Public Law 117–328). 

19 (f) COVERED COMPANY DEFINED.—In this section, 

20 the term ‘‘covered company’’ means— 

21 (1) ByteDance Limited, or any successor entity 

22 to ByteDance Limited, if ByteDance Limited or the 

23 successor entity— 


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1 (A) is involved in matters relating to the 

2 social networking service TikTok, or any suc3 cessor service; or 

4 (B) is involved in matters relating to any 

5 information, videos, or data associated with 

6 such service; or 

7 (2) any entity owned by ByteDance Limited or 

8 the successor entity that— 

9 (A) is involved in matters relating to the 

10 social networking service TikTok, or any suc11 cessor service; or 

12 (B) is involved in matters relating to any 

13 information, videos, or data associated with 

14 such service. 

15 SEC. 3. REPORT ON THREATS TO NATIONAL SECURITY 

16 POSED BY TIKTOK. 

17 (a) IN GENERAL.—Not later than 120 days after the 

18 date of the enactment of this Act, the Director of National 

19 Intelligence, in consultation with the Secretary of Defense, 

20 the Director of the Cybersecurity and Infrastructure Secu21 rity Agency, the Secretary of Homeland Security, and the 

22 Director of the Federal Bureau of Investigation, shall sub23 mit to Congress a report on the threats to national secu24 rity posed by TikTok, including the following: 


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1 (1) The ability of the Government of the Peo2 ple’s Republic of China to access, directly or indi3 rectly, data of users in the United States via 

4 TikTok. 

5 (2) The ability of the Government of the Peo6 ple’s Republic of China to use data of users in the 

7 United States, including that of members of the 

8 Armed Forces, accessed via TikTok for intelligence 

9 or military purposes, including surveillance, micro10 targeting, deepfakes, or blackmail. 

11 (3) Any ongoing efforts by the Government of 

12 the People’s Republic of China to monitor or manip13 ulate United States persons using data accessed via 

14 TikTok, including a detailed account of any data 

15 employed for those purposes. 

16 (b) FORM.—The report required by subsection (a) 

17 shall be submitted in unclassified form, but may contain 

18 a classified annex. 

19 SEC. 4. BRIEFING. 

20 Not later than 180 days after the date of the enact21 ment of this Act, the Director of National Intelligence 

22 shall provide to Congress a classified briefing on the imple23 mentation of this Act, which shall include a briefing on 

24 the report required by section 3(a). 

Æ 


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