`[Federal Register Volume 90, Number 19 (Thursday, January 30, 2025)]
[Presidential Documents]
[Pages 8611-8612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02087]



[[Page 8609]]

Vol. 90

Thursday,

No. 19

January 30, 2025

Part III





The President





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Executive Order 14166--Application of Protecting Americans From Foreign 
Adversary Controlled Applications Act to TikTok



Executive Order 14167--Clarifying the Military's Role in Protecting the 
Territorial Integrity of the United States



Executive Order 14168--Defending Women From Gender Ideology Extremism 
and Restoring Biological Truth to the Federal Government



Executive Order 14169--Reevaluating and Realigning United States 
Foreign Aid



Executive Order 14170--Reforming the Federal Hiring Process and 
Restoring Merit to Government Service
 
 
                         Presidential Documents 
 
 

  Federal Register / Vol. 90 , No. 19 / Thursday, January 30, 2025 / 
Presidential Documents  

 ___________________________________________________________________

 Title 3--
 The President

[[Page 8611]]

                Executive Order 14166 of January 20, 2025

                
Application of Protecting Americans From Foreign 
                Adversary Controlled Applications Act to TikTok

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America it is hereby ordered:

                Section 1. Policy. The Protecting Americans from 
                Foreign Adversary Controlled Applications Act (the 
                ``Act'') (Pub. L. 118-50, div. H) regulates ``foreign 
                adversary controlled applications,'' specifically those 
                operated by TikTok and any other subsidiary of its 
                China-based parent company, ByteDance Ltd., on national 
                security grounds.

                Section 2(a) of the Act prohibits entities from 
                distributing, maintaining, or updating certain defined 
                foreign adversary controlled applications within the 
                territory of the United States by providing (A) 
                services for such distribution, maintenance, or updates 
                by means of an online mobile application store or other 
                marketplace; or (B) internet hosting services to enable 
                the distribution, maintenance, or updating of such 
                applications. Section 2(g) of the Act defines ``Foreign 
                Adversary Controlled Application'' to include websites, 
                desktop applications, mobile applications, and 
                augmented or immersive technology applications operated 
                directly or indirectly by ByteDance Ltd. or TikTok. 
                Under section 2(a) of the Act, the prohibitions of the 
                Act with respect to these entities became effective on 
                January 19, 2025.

                I have the unique constitutional responsibility for the 
                national security of the United States, the conduct of 
                foreign policy, and other vital executive functions. To 
                fulfill those responsibilities, I intend to consult 
                with my advisors, including the heads of relevant 
                departments and agencies on the national security 
                concerns posed by TikTok, and to pursue a resolution 
                that protects national security while saving a platform 
                used by 170 million Americans. My Administration must 
                also review sensitive intelligence related to those 
                concerns and evaluate the sufficiency of mitigation 
                measures TikTok has taken to date.

                The unfortunate timing of section 2(a) of the Act--one 
                day before I took office as the 47th President of the 
                United States--interferes with my ability to assess the 
                national security and foreign policy implications of 
                the Act's prohibitions before they take effect. This 
                timing also interferes with my ability to negotiate a 
                resolution to avoid an abrupt shutdown of the TikTok 
                platform while addressing national security concerns. 
                Accordingly, I am instructing the Attorney General not 
                to take any action to enforce the Act for a period of 
                75 days from today to allow my Administration an 
                opportunity to determine the appropriate course forward 
                in an orderly way that protects national security while 
                avoiding an abrupt shutdown of a communications 
                platform used by millions of Americans.

                Sec. 2. Action. (a) I hereby order the Attorney General 
                not to take any action on behalf of the United States 
                to enforce the Act for 75 days from the date of this 
                order, to permit my Administration an opportunity to 
                determine the appropriate course of action with respect 
                to TikTok. During this period, the Department of 
                Justice shall take no action to enforce the Act or 
                impose any penalties against any entity for any 
                noncompliance with the Act, including for distributing, 
                maintaining, or updating (or enabling the distribution, 
                maintenance, or updating) of any foreign adversary 
                controlled application as defined in the Act. In light 
                of this direction, even

[[Page 8612]]

                after the expiration of the above-specified period, the 
                Department of Justice shall not take any action to 
                enforce the Act or impose any penalties against any 
                entity for any conduct that occurred during the above-
                specified period or any period prior to the issuance of 
                this order, including the period of time from January 
                19, 2025, to the signing of this order.

                    (b) The Attorney General shall take all appropriate 
                action to issue written guidance to implement the 
                provisions of subsection (a).
                    (c) I further order the Attorney General to issue a 
                letter to each provider stating that there has been no 
                violation of the statute and that there is no liability 
                for any conduct that occurred during the above-
                specified period, as well as for any conduct from the 
                effective date of the Act until the issuance of this 
                Executive Order.
                    (d) Because of the national security interests at 
                stake and because section 2(d) of the Act vests 
                authority for investigations and enforcement of the Act 
                only in the Attorney General, attempted enforcement by 
                the States or private parties represents an 
                encroachment on the powers of the Executive. The 
                Attorney General shall exercise all available authority 
                to preserve and defend the Executive's exclusive 
                authority to enforce the Act.

                Sec. 3. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.
                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 20, 2025.

[FR Doc. 2025-02087
Filed 1-29-25; 11:15 am]
Billing code 3395-F4-P`