,i #aahth ,,congress #ast ,session ,h4 ,r4 #eg ,,in ,,the ,,house ,,of ,,representatives ,january #i1 #bjbc,mr4 ,bergman introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 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 country1 foreign adversary1 or state sponsor of terrorism1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,personal ,data from ,foreign ,adversaries ,act4 #b4 ,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 country1 foreign adversary1 or state sponsor of terrorism ,section #bjc of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb7 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following new subsection3 7c7 7#a7 ,notwithstanding subsection 7b71 the authority granted to the ,president by this section includes the authority to regulate or prohibit transactions using mobile applications or software programs that-- 7,a7 engage in the theft of or transmits a user's data in an unauthorized manner2 and 7,b7 provide to a covered country1 or covered foreign political party1 access to such data4 7#b7 ,in this subsection1 the term covered country means any of the following3 7,a7 ,a ,communist country4 7,b7 ,a foreign adversary4 7,c7 ,a state sponsor of terrorism4 7#c7 ,in this subsection3 7,a7 ,the term communist country has the meaning given such term in section #fbj7;f77#a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcgj7;f77#a774 7,b7 ,the term foreign adversary has the meaning given such term in ,executive ,order #acibj1 issued on ,may #a1 #bjbj1 entitled ,securing the ,united ,states ,bulk,power ,system1 and including the list of foreign adversaries identified by the ,department of ,energy's ,office of ,electricity pursuant to such ,executive ,order on ,july #g1 #bjbj1 as in effect on ,january #ai1 #bjba4 7,c7 ,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-- 7i7 section #aged7;c77#a77;,a7 of the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhac7;c77#a77;,a772 7ii7 section #fbj;,a of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcga72 7iii7 section #dj of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj72 or 7iv7 any other provision of law4 7#d7 ,in this subsection1 the term covered foreign political party means the ,chinese ,communist ,party 7,,ccp74 4 #c4 ,imposition of sanctions with respect to mobile applications or software programs that engage in the theft of user data 7a7 ,imposition of sanctions ,notwithstanding any other provision of law1 the ,president is authorized to impose the sanctions described in subsection 7b7 with respect to any foreign person that the ,president determines has developed1 maintains1 provides1 owns1 or controls a mobile application or software program that-- 7#a7 engages in the theft of or transmits a user's data in an unauthorized manner to servers located in ,china2 and 7#b7 provides to the ,government of the ,people's ,republic of ,china 7,,prc71 the ,chinese ,communist ,party 7,,ccp71 or any person owned by or controlled by the ,,prc or ,,ccp access to such data4 7b7 ,sanctions described 7#a7 ,in general ,the sanctions described in this subsection with respect to a foreign person determined by the ,president to be subject to subsection 7a7 are the following3 7,a7 ,asset blocking ,the ,president shall exercise all powers granted to the ,president by the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 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 ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7,b7 ,inadmissibility of certain individuals 7i7 ,ineligibility for visas1 admission1 or parole ,in the case of a foreign person who is an individual1 the foreign person is-- 7,i7 inadmissible to the ,united ,states2 7,,ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7,,iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7ii7 ,current visas revoked 7,i7 ,in general ,in the case of a foreign person who is an individual1 the visa or other documentation issued to the person shall be revoked1 regardless of when such visa or other documentation is or was issued4 7,,ii7 ,effect of revocation ,a revocation under subclause 7,i7 shall-- 7aa7 take effect immediately2 and 7bb7 automatically cancel any other valid visa or entry documentation that is in the person's possession4 7#b7 ,penalties ,the penalties provided for in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 shall apply to a person that violates1 attempts to violate1 conspires to violate1 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 #bjf7;a7 of such ,act4 7#c7 ,exception to comply with united nations headquarters agreement ,sanctions under paragraph 7#a77;,b7 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 ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations4 7c7 ,waiver ,the ,president may1 on a case-by-case basis and for periods not to exceed #ahj days1 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 #ae days before such waiver is to take effect that the waiver is vital to the national security interests of the ,united ,states4 7d7 ,implementation authority ,the ,president may exercise all authorities provided to the ,president under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 for purposes of carrying out this section4 ,the exceptions to the ,president's authority described in section #bjc7;b7 of the ,international ,emergency ,economic ,powers ,act1 as amended by section #a1 shall not apply to the ,president's authority to exercise authorities under this section4 7e7 ,sunset 7#a7 ,in general ,this section shall terminate on ,january #a1 #bjbf4 7#b7 ,inapplicability ,paragraph 7#a7 shall not apply with respect to sanctions imposed with respect to a foreign person under this section before ,january #a1 #bjbf4 7f7 ,definitions ,in this section3 7#a7 ,admitted2 alien ,the terms admitted and alien have the meanings given those terms in section #aja7c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7c774 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs1 the ,committee on the ,judiciary1 the ,committee on ,ways and ,means1 and the ,committee on ,financial ,services of the ,house of ,representatives2 and 7,b7 the ,committee on ,foreign ,relations and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 7#c7 ,foreign person ,the term foreign person means a person that is not a ,united ,states person4 7#d7 ,united ,states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7,b7 an entity organized under the laws of the ,united ,states or of any jurisdiction of the ,united ,states1 including a foreign branch of such an entity4 #d4 ,determination with respect to the imposition of sanctions on ,we,chat and ,tik,tok 7a7 ,determination ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to the appropriate congressional committees a determination1 including a detailed justification therefor1 regarding whether ,we,chat1 or any component thereof1 or any entity owned or controlled by ,we,chat1 or ,tik,tok1 or any component thereof1 or any entity owned or controlled by ,tik,tok1 satisfies the criteria for the application of sanctions pursuant to-- 7#a7 section #b of this ,act2 or 7#b7 ,executive ,order #acfid 7#ej ,u4,s4,c4 #agja note2 relating to blocking property of certain persons engaged in significant malicious cyber-enabled activities74 7b7 ,form ,the determination required by subsection 7a7 shall be submitted in unclassified form but may contain a classified annex4 7c7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,armed ,services1 the ,committee on ,foreign ,affairs1 the ,permanent ,select ,committee on ,intelligence1 the ,committee on ,financial ,services1 and the ,committee on the ,judiciary of the ,house of ,representatives2 and 7#b7 the ,committee on ,armed ,services1 the ,committee on ,foreign ,relations1 the ,select ,committee on ,intelligence1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 and the ,committee on the ,judiciary of the ,senate4