United States S 5245: ANTI-SOCIAL CCP Act

Bill Text

II
117TH CONGRESS
2D SESSION S. 5245
To protect Americans from the threat posed by certain foreign adversaries
using current or potential future social media companies that those
foreign adversaries control to surveil Americans, learn sensitive data
about Americans, or spread influence campaigns, propaganda, and cen-
sorship.
IN THE SENATE OF THE UNITED STATES
DECEMBER 13, 2022
Mr. RUBIO introduced the following bill; which was read twice and referred
to the Committee on Banking, Housing, and Urban Affairs
A BILL
To protect Americans from the threat posed by certain for-
eign adversaries using current or potential future social
media companies that those foreign adversaries control
to surveil Americans, learn sensitive data about Ameri-
cans, or spread influence campaigns, propaganda, and
censorship.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Averting the National 4
Threat of Internet Surveillance, Oppressive Censorship 5
VerDate Sep 11 2014 21:48 Dec 15, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5245.IS S5245kjohnson on DSK79L0C42PROD with BILLS

2
•S 5245 IS
and Influence, and Algorithmic Learning by the Chinese 1
Communist Party Act’’ or the ‘‘ANTI-SOCIAL CCP Act’’. 2
SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO CER-3
TAIN SOCIAL MEDIA COMPANIES. 4
(a) IN GENERAL.—On and after the date that is 30 5
days after the date of the enactment of this Act, the Presi-6
dent shall exercise all the powers granted to the President 7
under the International Emergency Economic Powers Act 8
(50 U.S.C. 1701 et. seq.) to the extent necessary to block 9
and prohibit all transactions in all property and interests 10
in property of a social media company described in sub-11
section (b) if such property and interests in property— 12
(1) are in the United States or come within the 13
United States; or 14
(2) to the extent necessary to prevent commer-15
cial operation of the social media company in the 16
United States, are or come within the possession or 17
control of a United States person. 18
(b) SOCIAL MEDIA COMPANY DESCRIBED.— 19
(1) IN GENERAL.—A social media company de-20
scribed in this subsection is a social media company 21
that meets one or more of the following conditions: 22
(A) The company is domiciled in, 23
headquartered in, has its principal place of 24
VerDate Sep 11 2014 21:48 Dec 15, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5245.IS S5245kjohnson on DSK79L0C42PROD with BILLS

3
•S 5245 IS
business in, or is organized under the laws of 1
a country of concern. 2
(B) A country of concern, entity of con-3
cern, or some combination thereof, directly or 4
indirectly owns, controls with the ability to de-5
cide important matters, or holds with power to 6
vote, ten percent or more of the outstanding 7
voting stock or shares of the company. 8
(C) The company employs software or al-9
gorithms controlled or whose export is re-10
stricted by a country of concern or entity of 11
concern. 12
(D) The company is subject to substantial 13
influence, directly or indirectly, from a country 14
of concern or entity of concern owing to 15
which— 16
(i) the company shares or could be 17
compelled to share data on United States 18
citizens with a country of concern or entity 19
of concern; or 20
(ii) the content moderation practices 21
of the company are subject to substantial 22
influence from a country of concern or en-23
tity of concern. 24
VerDate Sep 11 2014 21:48 Dec 15, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5245.IS S5245kjohnson on DSK79L0C42PROD with BILLS

4
•S 5245 IS
(2) DEEMED COMPANIES.—The following com-1
panies shall be deemed to be social media companies 2
described in this subsection as of the date of the en-3
actment of this Act unless and until the date on 4
which the President certifies to Congress that the 5
company no longer meets any of the conditions de-6
scribed in paragraph (1): 7
(A) Bytedance, Ltd. 8
(B) TikTok. 9
(C) A subsidiary of or a successor com-10
pany to a company listed in subparagraph (A) 11
or (B). 12
(D) A company owned or controlled di-13
rectly or indirectly by a company listed in sub-14
paragraph (A) or (B). 15
(c) EXCEPTIONS.— 16
(1) INTELLIGENCE ACTIVITIES.—Sanctions 17
under this section shall not apply to any activity 18
subject to the reporting requirements under title V 19
of the National Security Act of 1947 (50 U.S.C. 20
3091 et seq.) or any authorized intelligence activities 21
of the United States. 22
(2) IMPORTATION OF GOODS.— 23
(A) IN GENERAL.—The authorities and re-24
quirements to impose sanctions under this sec-25
VerDate Sep 11 2014 21:48 Dec 15, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5245.IS S5245kjohnson on DSK79L0C42PROD with BILLS

5
•S 5245 IS
tion shall not include the authority or require-1
ment to impose sanctions on the importation of 2