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