Protecting Personal Data from Foreign Adversaries Act
Bill: H.R.4793 | Sponsor: Rep. Bergman, Jack (R-MI)
Policy area: International Affairs

Summary:
Protecting Personal Data from Foreign Adversaries Act
This bill authorizes sanctions and other prohibitions relating to software that engage in user data theft on behalf of certain foreign countries or entities.
The President may regulate or prohibit transactions using software that engages in the theft or unauthorized transmission of user data and provides access to such data to (1) a communist country, (2) the Chinese Communist Party (CCP), (3) a foreign adversary, or (4) a state sponsor of terrorism.
The President may also impose visa- and property-blocking sanctions on developers and owners of software that makes unauthorized transmissions of user data to servers located in China that are accessible by China's government or the CCP.
The Department of State shall report to Congress a determination regarding whether WeChat or TikTok fall within certain regulations and prohibitions, including those provided under this bill. (WeChat and TikTok are software programs developed by China-based companies.)

To regulate or prohibit transactions using mobile applications or 
software programs that engage in the theft of user data on behalf of a 
 communist country, foreign adversary, or state sponsor of terrorism, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Personal Data from 
Foreign Adversaries Act''.

SEC. 2. AUTHORITIES TO REGULATE OR PROHIBIT TRANSACTIONS USING MOBILE 
              APPLICATIONS OR SOFTWARE PROGRAMS THAT ENGAGE IN THE 
              THEFT OF USER DATA ON BEHALF OF A COMMUNIST COUNTRY, 
              FOREIGN ADVERSARY, OR STATE SPONSOR OF TERRORISM.

    Section 203 of the International Emergency Economic Powers Act (50 
U.S.C. 1702) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c)(1) Notwithstanding subsection (b), the authority granted to 
the President by this section includes the authority to regulate or 
prohibit transactions using mobile applications or software programs 
that--
            ``(A) engage in the theft of or transmits a user's data in 
        an unauthorized manner; and
            ``(B) provide to a covered country, or covered foreign 
        political party, access to such data.
    ``(2) In this subsection, the term `covered country' means any of 
the following:
            ``(A) A Communist country.
            ``(B) A foreign adversary.
            ``(C) A state sponsor of terrorism.
    ``(3) In this subsection:
            ``(A) The term `communist country' has the meaning given 
        such term in section 620(f)(1) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2370(f)(1)).
            ``(B) The term `foreign adversary' has the meaning given 
        such term in Executive Order 13920, issued on May 1, 2020, 
        entitled `Securing the United States BulkPower System', and 
        including the list of foreign adversaries identified by the 
        Department of Energy's Office of Electricity pursuant to such 
        Executive Order on July 7, 2020, as in effect on January 19, 
        2021.
            ``(C) The term `state sponsor of terrorism' means a country 
        the government of which the Secretary of State determines has 
        repeatedly provided support for international terrorism 
        pursuant to--
                    ``(i) section 1754(c)(1)(A) of the Export Control 
                Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A));
                    ``(ii) section 620A of the Foreign Assistance Act 
                of 1961 (22 U.S.C. 2371);
                    ``(iii) section 40 of the Arms Export Control Act 
                (22 U.S.C. 2780); or
                    ``(iv) any other provision of law.
            ``(4) In this subsection, the term `covered foreign 
        political party' means the Chinese Communist Party (CCP).''.

SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO MOBILE APPLICATIONS OR 
              SOFTWARE PROGRAMS THAT ENGAGE IN THE THEFT OF USER DATA.

    (a) Imposition of Sanctions.--Notwithstanding any other provision 
of law, the President is authorized to impose the sanctions described 
in subsection (b) with respect to any foreign person that the President 
determines has developed, maintains, provides, owns, or controls a 
mobile application or software program that--
            (1) engages in the theft of or transmits a user's data in 
        an unauthorized manner to servers located in China; and
            (2) provides to the Government of the People's Republic of 
        China (PRC), the Chinese Communist Party (CCP), or any person 
        owned by or controlled by the PRC or CCP access to such data.
    (b) Sanctions Described.--
            (1) In general.--The sanctions described in this subsection 
        with respect to a foreign person determined by the President to 
        be subject to subsection (a) are the following:
                    (A) Asset blocking.--The President shall exercise 
                all powers granted to the President by the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1701 et seq.) to the extent necessary to block and 
                prohibit all transactions in property and interests in 
                property of the foreign person 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) Inadmissibility of certain individuals.--
                            (i) Ineligibility for visas, admission, or 
                        parole.--In the case of a foreign person who is 
                        an individual, the foreign person is--
                                    (I) inadmissible to the United 
                                States;
                                    (II) ineligible to receive a visa 
                                or other documentation to enter the 
                                United States; and
                                    (III) otherwise ineligible to be 
                                admitted or paroled into the United 
                                States or to receive any other benefit 
                                under the Immigration and Nationality 
                                Act (8 U.S.C. 1101 et seq.).
                            (ii) Current visas revoked.--
                                    (I) In general.--In the case of a 
                                foreign person who is an individual, 
                                the visa or other documentation issued 
                                to the person shall be revoked, 
                                regardless of when such visa or other 
                                documentation is or was issued.
                                    (II) Effect of revocation.--A 
                                revocation under subclause (I) shall--
                                            (aa) take effect 
                                        immediately; and
                                            (bb) automatically cancel 
                                        any other valid visa or entry 
                                        documentation that is in the 
                                        person's possession.
            (2) Penalties.--The penalties provided for in subsections 
        (b) and (c) of section 206 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
        that violates, attempts to violate, conspires to violate, or 
        causes a violation of regulations to implement this section to 
        the same extent that such penalties apply to a person that 
        commits an unlawful act described in section 206(a) of such 
        Act.
            (3) Exception to comply with united nations headquarters 
        agreement.--Sanctions under paragraph (1)(B) shall not apply to 
        a foreign person who is an individual if admitting the person 
        into the United States is necessary to permit the United States 
        to comply with the Agreement regarding the Headquarters of the 
        United Nations, signed at Lake Success June 26, 1947, and 
        entered into force November 21, 1947, between the United 
        Nations and the United States, or other applicable 
        international obligations.
    (c) Waiver.--The President may, on a case-by-case basis and for 
periods not to exceed 180 days, waive the application of sanctions 
imposed with respect to a foreign person under this section if the 
President certifies to the appropriate congressional committees not 
later than 15 days before such waiver is to take effect that the waiver 
is vital to the national security interests of the United States.
    (d) Implementation Authority.--The President may exercise all 
authorities provided to the President under sections 203 and 205 of the 
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) 
for purposes of carrying out this section. The exceptions to the 
President's authority described in section 203(b) of the International 
Emergency Economic Powers Act, as amended by section 1, shall not apply 
to the President's authority to exercise authorities under this 
section.
    (e) Sunset.--
            (1) In general.--This section shall terminate on January 1, 
        2025.
            (2) Inapplicability.--Paragraph (1) shall not apply with 
        respect to sanctions imposed with respect to a foreign person 
        under this section before January 1, 2025.
    (f) Definitions.--In this section:
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given those terms in section 101(3) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(3)).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on the Judiciary, the Committee on Ways and Means, and 
                the Committee 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) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (4) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States; 
                or
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction of the United 
                States, including a foreign branch of such an entity.

SEC. 4. DETERMINATION WITH RESPECT TO THE IMPOSITION OF SANCTIONS ON 
              WECHAT AND TIKTOK.

    (a) Determination.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
appropriate congressional committees a determination, including a 
detailed justification therefor, regarding whether WeChat, or any 
component thereof, or any entity owned or controlled by WeChat, or 
TikTok, or any component thereof, or any entity owned or controlled by 
TikTok, satisfies the criteria for the application of sanctions 
pursuant to--
            (1) section 2 of this Act; or
            (2) Executive Order 13694 (50 U.S.C. 1701 note; relating to 
        blocking property of certain persons engaged in significant 
        malicious cyber-enabled activities).
    (b) Form.--The determination required by subsection (a) shall be 
submitted in unclassified form but may contain a classified annex.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Foreign Affairs, the Permanent Select Committee on 
        Intelligence, the Committee on Financial Services, and the 
        Committee on the Judiciary of the House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Foreign Relations, the Select Committee on Intelligence, the 
        Committee on Banking, Housing, and Urban Affairs, and the 
        Committee on the Judiciary of the Senate.
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