H.R. 7521 · 118th Congress · House

Protecting Americans from Foreign Adversary Controlled Applications Act

In Congress· Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
Introduced
Mar 5, 24
Passed House
Mar 13, 24
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending

Executive 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.


Previous Versions

07Mar 11, 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, 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.


00Mar 5, 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, 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.


Action Timeline

17
  1. MAR 14, 2024IntroReferral

    Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

  2. MAR 13, 2024Floor

    Mrs

    Rodgers (WA) moved to suspend the rules and pass the bill, as amended.

  3. MAR 13, 2024Floor

    Considered under suspension of the rules

    (consideration: CR H1163-1171)

    1163Yea
    1171Nay
    0NV
  4. MAR 13, 2024Floor

    DEBATE - The House proceeded with forty minutes of debate on H.R. 7521.

  5. MAR 13, 2024Floor

    Passed/agreed to in House

    Roll Call #86

    On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 352 - 65, 1 Present (Roll no. 86). (text: CR H1163-1164)

    352Yea
    65Nay
    0NV
  6. MAR 13, 2024Floor

    On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 352 - 65, 1 Present (Roll no. 86). (text: CR H1163-1164)

    Roll Call #86
    352Yea
    65Nay
    0NV
  7. MAR 13, 2024Floor

    Motion to reconsider laid on the table Agreed to without objection.

  8. MAR 11, 2024Committee

    Reported by the Committee on Energy and Commerce. H. Rept. 118-417.

    118Yea
    417Nay
    0NV
  9. MAR 11, 2024Committee

    Reported by the Committee on Energy and Commerce. H. Rept. 118-417.

    118Yea
    417Nay
    0NV
  10. MAR 11, 2024Calendars

    Placed on the Union Calendar, Calendar No. 344.

  11. MAR 07, 2024Committee

    Subcommittee on Innovation, Data, and Commerce Discharged

  12. MAR 07, 2024Committee

    Committee Consideration and Mark-up Session Held

  13. MAR 07, 2024Committee

    Ordered to be Reported by the Yeas and Nays: 50 - 0.

    50Yea
    0Nay
    0NV
  14. MAR 06, 2024Committee

    Referred to the Subcommittee on Innovation, Data, and Commerce.

  15. MAR 05, 2024IntroReferral

    Introduced in House

  16. MAR 05, 2024IntroReferral

    Introduced in House

  17. MAR 05, 2024IntroReferral

    Referred to the House Committee on Energy and Commerce.

Committees

7

Commerce, Science, and Transportation Committee

sscm00

Referred: Mar 14, 2024

Active

Energy and Commerce Committee

hsif00

Referred: Mar 11, 2024

Active

Energy and Commerce Committee

hsif00

Referred: Mar 7, 2024

Active

Energy and Commerce Committee

hsif00

Referred: Mar 7, 2024

Active

Energy and Commerce Committee

hsif00

Referred: Mar 7, 2024

Active

Commerce, Manufacturing, and Trade Subcommittee

hsif17

Referred: Mar 6, 2024

Active

Energy and Commerce Committee

hsif00

Referred: Mar 5, 2024

Active