Protecting Personal Data from Foreign Adversaries Act
This bill authorizes sanctions and other prohibitions relating to software that engages 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.)
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 57 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 57
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Mr. Bergman introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committee on the
Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
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,
2026.
(2) Inapplicability.--Paragraph (1) shall not apply with
respect to sanctions imposed with respect to a foreign person
under this section before January 1, 2026.
(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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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