Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Americans 
from Foreign Adversary Controlled Applications Act’’. 
SEC. 2. PROHIBITION OF FOREIGN ADVERSARY CON-
TROLLED APPLICATIONS. 
(a) IN GENERAL.— 
(1) PROHIBITION OF FOREIGN ADVERSARY CON-
TROLLED APPLICATIONS.—It shall be unlawful for 
an entity to distribute, maintain, or update (or en-
able the distribution, maintenance, or updating of) a 
foreign adversary controlled application by carrying 
out, within the land or maritime borders of the 
United States, any of the following: 
(A) Providing services to distribute, main-
tain, or update such foreign adversary con-
trolled application (including any source code of 
such application) by means of a marketplace 
(including an online mobile application store) 
through which users within the land or mari-
time borders of the United States may access, 
maintain, or update such application. 
(B) Providing internet hosting services to 
enable the distribution, maintenance, or updat-
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ing of such foreign adversary controlled applica-
tion for users within the land or maritime bor-
ders of the United States. 
(2) 
APPLICABILITY.—Subsection 
(a) 
shall 
apply— 
(A) in the case of an application that satis-
fies the definition of a foreign adversary con-
trolled application pursuant to subsection 
(g)(3)(A), beginning on the date that is 180 
days after the date of the enactment of this 
Act; and 
(B) in the case of an application that satis-
fies the definition of a foreign adversary con-
trolled application pursuant to subsection 
(g)(3)(B), beginning on the date that is 180 
days after the date of the relevant determina-
tion of the President under such subsection. 
(b) DATA AND INFORMATION PORTABILITY TO AL-
TERNATIVE APPLICATIONS.—Before the date on which a 
prohibition under subsection (a) applies to a foreign adver-
sary controlled application, the entity that owns or con-
trols such application shall provide, upon request by a user 
of such application within the land or maritime borders 
of United States, to such user all the available data related 
to the account of such user with respect to such applica-
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tion. Such data shall be provided in a machine readable 
format and shall include any data maintained by such ap-
plication with respect to the account of such user, includ-
ing content (including posts, photos, and videos) and all 
other account information. 
(c) EXEMPTIONS.— 
(1) 
EXEMPTIONS
FOR
QUALIFIED 
DIVESTITURES.—Subsection (a)— 
(A) does not apply to a foreign adversary 
controlled application with respect to which a 
qualified divestiture is executed before the date 
on which a prohibition under subsection (a) 
would begin to apply to such application; and 
(B) shall cease to apply in the case of a 
foreign adversary controlled application with re-
spect to which a qualified divestiture is exe-
cuted after the date on which a prohibition 
under subsection (a) applies to such application. 
(2) EXEMPTIONS
FOR
CERTAIN
NECESSARY 
SERVICES.—Subsections (a) and (b) do not apply to 
services provided with respect to a foreign adversary 
controlled application that are necessary for an enti-
ty to attain compliance with such subsections. 
(d) ENFORCEMENT.— 
(1) CIVIL PENALTIES.— 
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(A) FOREIGN
ADVERSARY
CONTROLLED 
APPLICATION VIOLATIONS.—An entity that vio-
lates subsection (a) shall be subject to pay a 
civil penalty in an amount not to exceed the 
amount that results from multiplying $5,000 by 
the number of users within the land or mari-
time borders of the United States determined to 
have accessed, maintained, or updated a foreign 
adversary controlled application as a result of 
such violation. 
(B) DATA
AND
INFORMATION
VIOLA-
TIONS.—An entity that violates subsection (b) 
shall be subject to pay a civil penalty in an 
amount not to exceed the amount that results 
from multiplying $500 by the number of users 
within the land or maritime borders of the 
United States affected by such violation. 
(2) ACTIONS BY ATTORNEY GENERAL.—The At-
torney General— 
(A) shall conduct investigations related to 
potential violations of subsection (a) or (b), 
and, if such an investigation results in a deter-
mination that a violation has occurred, the At-
torney General shall pursue enforcement under 
paragraph (1); and 
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(B) may bring an action in an appropriate 
district court of the United States for appro-
priate relief, including civil penalties under 
paragraph (1) or declaratory and injunctive re-
lief. 
(e) SEVERABILITY.— 
(1) IN GENERAL.—If any provision of this sec-
tion or the application of this section to any person 
or circumstance is held invalid, the invalidity shall 
not affect the other provisions or applications of this 
section that can be given effect without the invalid 
provision or application. 
(2) SUBSEQUENT
DETERMINATIONS.—If the 
application of any provision of this section is held in-
valid with respect to a foreign adversary controlled 
application that satisfies the definition of such term 
pursuant to subsection (g)(3)(A), such invalidity 
shall not affect or preclude the application of the 
same provision of this section to such foreign adver-
sary controlled application by means of a subsequent 
determination pursuant to subsection (g)(3)(B). 
(f) RULE OF CONSTRUCTION.—Nothing in this Act 
may be construed— 
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(1) to authorize the Attorney General to pursue 
enforcement, under this section, other than enforce-
ment of subsection (a) or (b); 
(2) to authorize the Attorney General to pursue 
enforcement, under this section, against an indi-
vidual user of a foreign adversary controlled applica-
tion; or 
(3) except as expressly provided herein, to alter 
or affect any other authority provided by or estab-
lished under another provision of Federal law. 
(g) DEFINITIONS.—In this section: 
(1) CONTROLLED BY A FOREIGN ADVERSARY.— 
The term ‘‘controlled by a foreign adversary’’ means, 
with respect to a covered company or other entity, 
that such company or other entity is— 
(A) a foreign person that is domiciled in, 
is headquartered in, has its principal place of 
business in, or is organized under the laws of 
a foreign adversary country; 
(B) an entity with respect to which a for-
eign person or combination of foreign persons 
described in subparagraph (A) directly or indi-
rectly own at least a 20 percent stake; or 
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