Protecting Americans from Foreign Adversary Controlled Applications Act

3/20/2024, 12:06 PM

Protecting Americans from Foreign Adversary Controlled Applications Act

This bill prohibits distributing, maintaining, or providing internet hosting services for a foreign adversary controlled application (e.g., TikTok). However, the prohibition does not apply to a covered application that executes a qualified divestiture as determined by the President.

Under the bill, a foreign adversary controlled application is directly or indirectly operated by (1) ByteDance, Ltd. or TikTok (including subsidiaries or successors that are controlled by a foreign adversary); or (2) a social media company that is controlled by a foreign adversary and has been determined by the President to present a significant threat to national security. The prohibition does not apply to an application that is primarily used to post product reviews, business reviews, or travel information and reviews.

The bill authorizes the Department of Justice to investigate violations of the bill and enforce the bill's provisions. Entities that violate the bill are subject to civil penalties based on the number of users.

The bill requires a covered application to provide a user with all available account data (including posts, photos, and videos) at the user's request before the prohibition takes effect.

The bill gives the U.S. Court of Appeals for the District of Columbia exclusive jurisdiction over any challenge to the bill. Further, a challenge to the bill must be brought within 165 days after the bill's enactment date. A challenge to any action, finding, or determination under the bill must be brought with 90 days of the action, finding, or determination.


Congress
118

Number
HR - 7521

Introduced on
2024-03-05

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

3/14/2024

Status of Legislation

Bill Introduced
Introduced to House
Passed in House
Introduced to Senate
Senate to Vote

Purpose and Summary

Protecting Americans from Foreign Adversary Controlled Applications Act

This bill prohibits distributing, maintaining, or providing internet hosting services for a foreign adversary controlled application (e.g., TikTok). However, the prohibition does not apply to a covered application that executes a qualified divestiture as determined by the President.

Under the bill, a foreign adversary controlled application is directly or indirectly operated by (1) ByteDance, Ltd. or TikTok (including subsidiaries or successors that are controlled by a foreign adversary); or (2) a social media company that is controlled by a foreign adversary and has been determined by the President to present a significant threat to national security. The prohibition does not apply to an application that is primarily used to post product reviews, business reviews, or travel information and reviews.

The bill authorizes the Department of Justice to investigate violations of the bill and enforce the bill's provisions. Entities that violate the bill are subject to civil penalties based on the number of users.

The bill requires a covered application to provide a user with all available account data (including posts, photos, and videos) at the user's request before the prohibition takes effect.

The bill gives the U.S. Court of Appeals for the District of Columbia exclusive jurisdiction over any challenge to the bill. Further, a challenge to the bill must be brought within 165 days after the bill's enactment date. A challenge to any action, finding, or determination under the bill must be brought with 90 days of the action, finding, or determination.


Alternative Names
Official Title as IntroducedTo protect the national security of the United States from the threat posed by foreign adversary controlled applications, such as TikTok and any successor application or service and any other application or service developed or provided by ByteDance Ltd. or an entity under the control of ByteDance Ltd.

Policy Areas
Science, Technology, Communications

Potential Impact
Asia•
China•
Civil actions and liability•
Computer security and identity theft•
Computers and information technology•
Consumer affairs•
Corporate finance and management•
Federal appellate courts•
Foreign and international corporations•
Judicial review and appeals•
Presidents and presidential powers, Vice Presidents

Comments

Recent Activity

Latest Summary3/19/2024

Protecting Americans from Foreign Adversary Controlled Applications Act

This bill prohibits distributing, maintaining, or providing internet hosting services for a foreign adversary controlled application (e.g., TikTok). However, th...


Latest Action3/14/2024
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.