I 
118TH CONGRESS 
1ST SESSION H. R. 1153 
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 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Deterring America’s Technological Adversaries Act’’ or 
‘‘DATA Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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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 REGULA-
TION AND PROHIBITION RELATING TO SENSITIVE PERSONAL 
DATA UNDER INTERNATIONAL EMERGENCY ECONOMIC POW-
ERS ACT 
Sec. 101. Clarification. 
Sec. 102. Directive. 
TITLE II—IMPOSITION OF SANCTIONS ON CERTAIN TRANS-
ACTIONS 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 enti-
ties. 
Sec. 302. Requests by appropriate congressional committees. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) On December 2, 2022, the Director of the 
Federal Bureau of Investigation, Christopher Wray, 
stated, ‘‘We . . . do have national security concerns 
about the app [TikTok]. Its parent company is con-
trolled by the Chinese government. And it gives 
them the potential to leverage the app in ways that 
I think should concern us . . . One, it gives them 
the ability to control the recommendation algorithm 
which allows them to manipulate content and if they 
want to, to use it for influence operations which are 
a lot more worrisome in the hands of the Chinese 
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Communist Party than whether or not you’re steer-
ing somebody as an influencer to one product or an-
other. They also have the ability to collect data 
through it on users which can be used for traditional 
espionage operations, for example. They also have 
the ability on it to get access, they have essentially 
access to the software to devices. So you’re talking 
about millions of devices and that gives them the 
ability to engage in different kinds of malicious 
cyber activity through that. And so all of these 
things are in the hands of a government that doesn’t 
share our values and that has a mission that’s very 
much at odds with what’s in the best interest of the 
United States that that should concern us.’’. 
(2) On December 3, 2022, the Director of Na-
tional Intelligence, Avril Haines, ‘‘It is extraordinary 
the degree to which China, in particular, but they’re 
not the only ones, obviously, are developing just 
frameworks for collecting foreign data and pulling it 
in and their capacity to then turn that around and 
use it to target audiences for information campaigns 
or for other things, but also to have it for the future 
so that they can use it for a variety of means that 
they’re interested in.’’. 
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(3) On December 16, 2022, the Director of 
Central Intelligence, Bill Burns, stated, ‘‘I think it’s 
a genuine concern . . . for the U.S. government, in 
the sense that, because the parent company of 
TikTok is a Chinese company, the Chinese govern-
ment is able to insist upon extracting the private 
data of a lot of TikTok users in this country, and 
also to shape the content of what goes on to TikTok 
as well to suit the interests of the Chinese leadership 
. . . What I would underscore, though, is that it’s 
genuinely troubling to see what the Chinese govern-
ment could do to manipulate TikTok.’’. 
(4) On December 23, 2022, both chambers of 
Congress passed a bipartisan spending bill that in-
cluded a ban on using TikTok from government de-
vices. 
SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 
No additional amounts are authorized to be made 
available to carry out this Act. 
SEC. 4. SEVERABILITY. 
If any provision of this Act or its application to any 
person or circumstance is held invalid, the invalidity does 
not affect other provisions or applications of this section 
that can be given effect without the invalid provision or 
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application, and to this end the provisions of this Act are 
severable. 
SEC. 5. DEFINITIONS. 
In this Act: 
(1) AGENCY OR INSTRUMENTALITY OF A FOR-
EIGN STATE.—The term ‘‘agency or instrumentality 
of a foreign state’’ has the meaning given such term 
under section 1603(b) of title 28, United States 
Code. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs, 
Committee on Ways and Means, and the Com-
mittee on Financial Services of the House of 
Representatives; and 
(B) the Committee on Foreign Relations 
and the Committee on Banking, Housing, and 
Urban Affairs of the Senate. 
(3) CHINA.—The term ‘‘China’’ means— 
(A) when used in the geographic sense, the 
country of the People’s Republic of China; and 
(B) otherwise, the Government of the 
country of the People’s Republic of China, in-
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cluding any entity acting on behalf of, or the 
benefit of— 
(i) the country of the People’s Repub-
lic of China; or 
(ii) the Government of the country of 
the People’s Republic of China. 
(4) CONNECTED
SOFTWARE
APPLICATION.— 
The term ‘‘connected software application’’ has the 
meaning given such term in Executive Order 14034 
(86 Fed. Reg. 31423; relating to protecting Ameri-
cans’ sensitive data from foreign adversaries). 
(5) ELECTION INTERFERENCE IN OR AGAINST A 
FOREIGN COUNTRY THAT IS A TREATY ALLY OF THE 
UNITED STATES OR A DEMOCRATIC OR EMERGING 
DEMOCRATIC PARTNER OF THE UNITED STATES.— 
The term ‘‘election interference in or against a for-
eign country that is a treaty ally of the United 
States or a democratic or emerging democratic part-
ner of the United States’’ means actions to engage 
in, directly or indirectly, activities originating from, 
or directed by, persons located, in whole or in sub-
stantial part, outside the territory of a treaty ally of 
the United States or a democratic or emerging 
democratic partner of the United States that have 
the purpose or effect of tampering with, altering, un-
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lawfully accessing, or causing a misappropriation of 
information with the purpose or effect of interfering 
with or undermining election processes or institu-
tions. 
(6) ELECTION INTERFERENCE IN OR AGAINST 
THE
UNITED
STATES.—The term ‘‘election inter-
ference in or against the United States’’ includes ac-
tions to engage in, directly or indirectly, activities 
originating from, or directed by persons located, in 
whole or in substantial part, outside the United 
States that— 
(A) have the purpose or effect of tam-
pering with, altering, unlawfully accessing, or 
causing a misappropriation of information with 
the purpose or effect of undermining election 
processes or institutions; 
(B) deny access, block, degrade, or alter 
election and campaign infrastructure, or related 
systems or data related to political parties, can-
didates in elections for public office, the admin-
istration of elections for public office, or any 
public election activity; or 
(C) consist of the making of contributions 
or donations, or any other activity prohibited 
under section 319 of the Federal Election Cam-
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paign Act of 1971 (52 U.S.C. 30121), with the 
purpose or effect of undermining election proc-
esses or institutions. 
(7) FOREIGN PERSON.—The term ‘‘foreign per-
son’’— 
(A) means a person that is not a United 
States person; and 
(B) includes a nonresident alien individual, 
foreign corporation, foreign partnership, foreign 
trust, foreign estate. 
(8) KNOWINGLY.—The term ‘‘knowingly’’, with 
respect to conduct, a circumstance, or a result, 
means that a person has actual knowledge, or should 
have known, of the conduct, the circumstance, or the 
result. 
(9) SENSITIVE
PERSONAL
DATA.—The term 
‘‘sensitive personal data’’ has the meaning given 
such term in section 7.2 of title 15, Code of Federal 
Regulations (or any successor regulation). 
(10) TREATY ALLY OF THE UNITED STATES.— 
The term ‘‘treaty ally of the United States’’ means 
a foreign country that is a party to any of the fol-
lowing: 
(A) The North Atlantic Treaty, signed at 
Washington, April 4, 1949. 
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(B) The Security Treaty Between Aus-
tralia, New Zealand, and the United States of 
America, signed at San Francisco, September 
1, 1951. 
(C) The Mutual Defense Treaty Between 
the United States of America and the Republic 
of the Philippines, signed at Washington, Au-
gust 30, 1951. 
(D) The Southeast Asia Collective Defense 
Treaty, signed at Manilla, September 8, 1954. 
(E) The Treaty of Mutual Cooperation and 
Security Between the United States of America 
and Japan, signed at Washington, January 19, 
1960. 
(F) The Mutual Defense Treaty Between 
the United States of America and the Republic 
of Korea, signed at Washington, October 1, 
1953. 
(11) UNITED
STATES
PERSON.—The term 
‘‘United States person’’ means— 
(A) a United States citizen; 
(B) a permanent resident alien; 
(C) an entity organized under the laws of 
the United States (including foreign branches); 
or 
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(D) any person in the United States. 
TITLE 
I—CLARIFICATION 
OF 
NON-APPLICABILITY 
FOR 
REGULATION AND PROHIBI-
TION 
RELATING 
TO 
SEN-
SITIVE 
PERSONAL 
DATA 
UNDER 
INTERNATIONAL 
EMERGENCY ECONOMIC POW-
ERS ACT 
SEC. 101. CLARIFICATION. 
(a) IN GENERAL.—The importation to a country, or 
the exportation from a country, of sensitive personal data 
shall not constitute the importation from a country, or the 
exportation to a country, of information or informational 
materials for purposes of paragraph (1) or (3) of section 
203(b) of the International Emergency Economic Powers 
Act (50 U.S.C. 1702(b)). 
(b) RULE
OF CONSTRUCTION.—Nothing in sub-
section (a), and nothing in the International Emergency 
Economic Powers Act, may be construed to provide for 
the application of paragraph (1) or (3) of section 203(b) 
of the International Emergency Economic Powers Act (50 
U.S.C. 1702(b)) to the importation to China, or the expor-
tation from China, directly or indirectly, of sensitive per-
sonal data. 
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SEC. 102. DIRECTIVE. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of the Treasury shall issue 
a directive prohibiting United States persons from engag-
ing in any transaction with a person that the Secretary 
of the Treasury determines knowingly provides or may 
transfer sensitive personal data of persons subject to 
United States jurisdiction to any foreign person that— 
(1) is subject to the jurisdiction or direction of, 
or directly or indirectly operating on behalf of, 
China; or 
(2) is owned by, directly or indirectly controlled 
by, or is otherwise subject to the influence of China. 
TITLE II—IMPOSITION OF SANC-
TIONS ON CERTAIN TRANS-
ACTIONS RELATING TO CON-
NECTED SOFTWARE APPLICA-
TIONS 
SEC. 201. IMPOSITION OF SANCTIONS. 
(a) IN GENERAL.—The President shall impose the 
sanction described in section 202 with respect to any for-
eign person that, on or after the date of the enactment 
of this Act, knowingly— 
(1) operates, directs, or otherwise deals in a 
connected software application that— 
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(A) is subject to the jurisdiction or direc-
tion of, or directly or indirectly operating on be-
half of China, or is owned by, directly or indi-
rectly controlled by, or otherwise subject to the 
influence of China; and 
(B) is reasonable believed to have facili-
tated or may be facilitating or contributing to 
China’s— 
(i) military, intelligence, espionage, or 
weapons proliferation activities; 
(ii) censorship activities; 
(iii) surveillance activities; 
(iv) control or use of recommendation 
algorithms that are capable of manipu-
lating content; 
(v) malicious cyber activities; or 
(vi) use of data to target audiences 
for information campaigns; 
(2) directly or indirectly orders, controls, di-
rects, engages in, or otherwise facilitates an act of 
election interference against the United States; 
(3) directly or indirectly orders, controls, di-
rects, engages in, or otherwise facilitates an act of 
election interference in or against a foreign country 
that is— 
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(A) a treaty ally of the United States; or 
(B) a democratic or emerging democratic 
partner of the United States; 
(4) directly or indirectly orders, controls, di-
rects, engages in, or otherwise facilitates an act of 
steering United States policy and regulatory deci-
sions in favor of China’s strategic objectives, to the 
detriment of the economic or national security of the 
United States; 
(5) knowingly facilitates a transaction or trans-
actions for or on behalf of a person described, or a 
person that has engaged in the activity described, as 
the case may be, in paragraph (1), (2), (3), or (4); 
(6) knowingly assists, sponsors, or provides fi-
nancial, material, or technological support for a per-
son described, or a person that has engaged in the 
activity described, as the case may be, in paragraph 
(1), (2), (3), or (4); or 
(7) is owned or controlled by, or has acted for 
or on behalf of, directly or indirectly, a person de-
scribed, or a person that has engaged in the activity 
described, as the case may be, in paragraph (1), (2), 
(3), or (4). 
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(b) LIST OF FOREIGN COUNTRIES THAT ARE DEMO-
CRATIC OR EMERGING DEMOCRATIC PARTNERS OF THE 
UNITED STATES.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the President 
shall submit to the appropriate congressional com-
mittees— 
(A) a definition of the term ‘‘democratic or 
emerging democratic partner of the United 
States’’; and 
(B) a list of foreign countries that are des-
ignated as a democratic or emerging democratic 
partner of the United States for purposes of 
subsection (a)(3) that includes the countries 
listed in paragraph (2). 
(2) INITIAL DESIGNATIONS.—Sweden, Switzer-
land, Israel, India, and Taiwan shall be deemed to 
have been so designated as a democratic or emerging 
democratic partner of the United States for pur-
poses of subsection (a)(3). 
(3) UPDATES.—The President shall submit to 
the appropriate congressional committees an up-
dated list under subparagraph (A) on a periodic 
basis. 
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SEC. 202. SANCTION DESCRIBED. 
(a) IN GENERAL.—The sanction described in this 
section is the exercise of all powers granted to the Presi-
dent by the International Emergency Economic Powers 
Act (50 U.S.C. 1701 et seq.) (except that the require-
ments of section 202 of such Act (50 U.S.C. 1701) shall 
not apply) to the extent necessary to block and prohibit 
all transactions in all property and interests in property 
of any foreign person or an agency or instrumentality of 
a foreign state, as the case may be, if such property and 
interests in property are in the United States, come within 
the United States, or are or come within the possession 
or control of a United States person. 
(b) IMPLEMENTATION.—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 title. 
(c) REGULATIONS.— 
(1) IN
GENERAL.—The President shall pre-
scribe such regulations as may be necessary for the 
implementation of this title. 
(2) PRIOR
BRIEFING
REQUIRED.—Not later 
than 10 days before the prescription of regulations 
under paragraph (1), the President shall brief the 
appropriate congressional committees regarding the 
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proposed regulations and the provisions of this title 
that such regulations are implementing. 
(d) PENALTIES.—A person that violates, attempts to 
violate, or causes a violation of any sanction authorized 
by this title, or any regulation, license, or order issued to 
carry out such sanctions, 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) EXCEPTIONS.—The following activities shall not 
be subject to the imposition of sanctions under this title: 
(1) Any authorized intelligence, law enforce-
ment, or national security activities of the United 
States. 
(2) Any transaction necessary to comply with 
United States obligations under the Agreement be-
tween the United Nations and the United States of 
America regarding the Headquarters of the United 
States, signed at Lake Success June 26, 1947, and 
entered into force November 21, 1947, or the Con-
vention on Consular Relations, done at Vienna April 
24, 1963, and entered into force March 19, 1967, or 
any other United States international agreement. 
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(f) WAIVER.—The President may, on a case-by-case 
basis and for periods not to exceed 180 days each, waive 
the application of sanctions imposed with respect to a for-
eign person under this title if the President certifies to 
the appropriate congressional committees, not later than 
15 days before such waiver is to take effect, that the waiv-
er is vital to the national security interests of the United 
States. 
SEC. 203. SUNSET. 
This title, and the authorities provided by this title, 
shall terminate on the date that is 5 years after the date 
of the enactment of this Act. 
TITLE 
III—SPECIFIC 
DETER-
MINATIONS 
WITH 
RESPECT 
TO THE IMPOSITION OF SANC-
TIONS 
SEC. 301. DETERMINATION RELATING TO BYTEDANCE, 
LTD., TIKTOK, AND RELATED ENTITIES. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, and every 180 days 
thereafter for 3 years, the President shall transmit to the 
appropriate congressional committees a determination of 
whether reasonable grounds exist for concluding that any 
of the entities described in subsection (b)— 
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(1) meets the criteria described in paragraph 
(1) or (2) of section 102 for purposes of applying a 
directive described in such section with respect to 
the entity; or 
(2) have engaged in any conduct described in 
section 201. 
(b) ENTITIES DESCRIBED.—The entities described in 
this subsection are— 
(1) Bytedance, Ltd.; 
(2) TikTok; 
(3) any subsidiary of or a successor to an entity 
described in paragraph (1) or (2); and 
(4) any entity owned or controlled directly or 
indirectly by an entity described in paragraph (1), 
(2), or (3). 
(c) FORM.—The determination described in sub-
section (a) shall be transmitted in unclassified form, and 
any supporting documentation may be transmitted in a 
classified annex. 
(d) APPLICATION OF SANCTIONS.—If the President 
makes an affirmative decision under subsection (a) with 
respect to any entity described in subsection (b), the Presi-
dent shall impose the sanction described in section 202 
with respect to the entity, as appropriate. 
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SEC. 302. REQUESTS BY APPROPRIATE CONGRESSIONAL 
COMMITTEES. 
(a) IN GENERAL.—Not later than 120 days after re-
ceiving a request from the chairperson or ranking member 
of one or more of the appropriate congressional commit-
tees with respect to whether a foreign person meets the 
criteria described in paragraph (1) or (2) of section 102 
for purposes of applying a directive described in such sec-
tion with respect to the person, or have engaged in any 
conduct described in section 201 for the imposition of the 
sanction described in section 202, the President shall— 
(1) determine if that person meets the require-
ments described in the applicable section; and 
(2) submit to the chairperson and ranking 
member of the committee or committees a report 
that includes— 
(A) a statement of whether or not the 
President imposed or intends to impose such 
sanction with respect to the person; and 
(B) if applicable, a description of the sanc-
tion so imposed or intended to be imposed. 
(b) AVAILABILITY OF INFORMATION.— 
(1) IN GENERAL.—Any information obtained at 
any time with respect to the President making a de-
termination with respect to a foreign person under 
subsection (a), or under any review of the foreign 
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person through other United States Government na-
tional security review processes, shall be made avail-
able to a committee or subcommittee of Congress of 
appropriate jurisdiction, upon the request of the 
chairman or ranking minority member of such com-
mittee or subcommittee. 
(2) PROHIBITION
ON
DISCLOSURE.—No such 
committee or subcommittee, or member thereof, may 
disclose any information made available under clause 
(i), that is submitted on a confidential basis unless 
the full committee determines that the withholding 
of that information is contrary to the national inter-
est. 
(c) FORM.—Each determination described in sub-
section (a)(1), and each report under subsection (a)(2), 
may be submitted in classified or unclassified form, and 
any supporting documentation to such determination or 
report may contain a classified annex. 
Æ 
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