I 
118TH CONGRESS 
2D SESSION 
H. R. 7521 
To 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. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 5, 2024 
Mr. GALLAGHER (for himself, Mr. KRISHNAMOORTHI, Ms. STEFANIK, Ms. 
CASTOR of Florida, Mr. LATTA, Mr. CARSON, Mr. HERN, Mr. MOULTON, 
Mr. ROY, Ms. SHERRILL, Mr. DUNN of Florida, Ms. STEVENS, Mr. NOR-
MAN, Mr. AUCHINCLOSS, Mrs. CAMMACK, Mr. TORRES of New York, Mr. 
MOOLENAAR, Ms. BROWN, Mr. GOTTHEIMER, and Mrs. HINSON) intro-
duced the following bill; which was referred to the Committee on Energy 
and Commerce 
A BILL 
To protect the national security of the United States from 
the threat posed by foreign adversary controlled applica-
tions, 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
23:41 Mar 07, 2024
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H7521.IH
H7521
kjohnson on DSK7ZCZBW3PROD with $$_JOB
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Americans 
from Foreign Adversary Controlled Applications Act’’. 
SEC. 2. PROHIBITION OF FOREIGN ADVERSARY CON-
TROLLED APPLICATIONS. 
(a) IN GENERAL.— 
(1) PROHIBITION OF FOREIGN ADVERSARY CON-
TROLLED APPLICATIONS.—It shall be unlawful for 
an entity to distribute, maintain, or update (or en-
able the distribution, maintenance, or updating of) a 
foreign adversary controlled application by carrying 
out, within the land or maritime borders of the 
United States, any of the following: 
(A) Providing services to distribute, main-
tain, or update such foreign adversary con-
trolled application (including any source code of 
such application) by means of a marketplace 
(including an online mobile application store) 
through which users within the land or mari-
time borders of the United States may access, 
maintain, or update such application. 
(B) Providing internet hosting services to 
enable the distribution, maintenance, or updat-
ing of such foreign adversary controlled applica-
tion for users within the land or maritime bor-
ders of the United States. 
VerDate Sep 11 2014 
23:41 Mar 07, 2024
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7521.IH
H7521
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(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-
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-
VerDate Sep 11 2014 
23:41 Mar 07, 2024
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7521.IH
H7521
kjohnson on DSK7ZCZBW3PROD with $$_JOB
civil penalty in an amount not to exceed the 
amount that results from multiplying $5,000 by 
the number of users within the land or mari-
time borders of the United States determined to 
have accessed, maintained, or updated a foreign 
adversary controlled application as a result of 
such violation. 
(B) DATA
AND
INFORMATION
VIOLA-
TIONS.—An entity that violates subsection (b) 
shall be subject to pay a civil penalty in an 
amount not to exceed the amount that results 
from multiplying $500 by the number of users 
within the land or maritime borders of the 
United States affected by such violation. 
(2) ACTIONS BY ATTORNEY GENERAL.—The At-
torney General— 
(A) shall conduct investigations related to 
potential violations of subsection (a) or (b), 
and, if such an investigation results in a deter-
mination that a violation has occurred, the At-
torney General shall pursue enforcement under 
paragraph (1); and 
(B) may bring an action in an appropriate 
district court of the United States for appro-
priate relief, including civil penalties under 
VerDate Sep 11 2014 
23:41 Mar 07, 2024
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H7521.IH
H7521
kjohnson on DSK7ZCZBW3PROD with $$_JOB
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— 
(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-
VerDate Sep 11 2014 
23:41 Mar 07, 2024
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H7521.IH
H7521
kjohnson on DSK7ZCZBW3PROD with $$_JOB
vidual user of a foreign adversary controlled applica-
tion; or 
(3) except as expressly provided herein, to alter 
or affect any other authority provided by or estab-
lished under another provision of Federal law. 
(g) DEFINITIONS.—In this section: 
(1) CONTROLLED BY A FOREIGN ADVERSARY.— 
The term ‘‘controlled by a foreign adversary’’ means, 
with respect to a covered company or other entity, 
that such company or other entity is— 
(A) a foreign person that is domiciled in, 
is headquartered in, has its principal place of 
business in, or is organized under the laws of 
a foreign adversary country; 
(B) an entity with respect to which a for-
eign person or combination of foreign persons 
described in subparagraph (A) directly or indi-
rectly own at least a 20 percent stake; or 
(C) a person subject to the direction or 
control of a foreign person or entity described 
in subparagraph (A) or (B). 
(2) COVERED COMPANY.— 
(A) IN
GENERAL.—The term ‘‘covered 
company’’ means an entity that operates, di-
rectly or indirectly (including through a parent 
VerDate Sep 11 2014 
23:41 Mar 07, 2024
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H7521.IH
H7521
kjohnson on DSK7ZCZBW3PROD with $$_JOB
company, subsidiary, or affiliate), a website, 
desktop application, mobile application, or aug-
mented or immersive technology application 
that— 
(i) permits a user to create an ac-
count or profile to generate, share, and 
view text, images, videos, real-time commu-
nications, or similar content; 
(ii) has more than 1,000,000 monthly 
active users with respect to at least 2 of 
the 3 months preceding the date on which 
a relevant determination of the President 
is made pursuant to paragraph (3)(B); 
(iii) enables 1 or more users to gen-
erate or distribute content that can be 
viewed by other users of the website, desk-
top application, mobile application, or aug-
mented or immersive technology applica-
tion; and 
(iv) enables 1 or more users to view 
content generated by other users of the 
website, desktop application, mobile appli-
cation, or augmented or immersive tech-
nology application. 
VerDate Sep 11 2014 
23:41 Mar 07, 2024
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H7521.IH
H7521
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(B) EXCLUSION.—The term ‘‘covered com-
pany’’ does not include an entity that operates 
a website, desktop application, mobile applica-
tion, or augmented or immersive technology ap-
plication whose primary purpose is to allow 
users to post product reviews, business reviews, 
or travel information and reviews. 
(3) FOREIGN ADVERSARY CONTROLLED APPLI-
CATION.—The term ‘‘foreign adversary controlled 
application’’ means a website, desktop application, 
mobile application, or augmented or immersive tech-
nology application that is operated, directly or indi-
rectly (including through a parent company, sub-
sidiary, or affiliate), by— 
(A) any of— 
(i) ByteDance, Ltd.; 
(ii) TikTok; 
(iii) a subsidiary of or a successor to 
an entity identified in clause (i) or (ii) that 
is controlled by a foreign adversary; or 
(iv) an entity owned or controlled, di-
rectly or indirectly, by an entity identified 
in clause (i), (ii), or (iii); or 
(B) a covered company that— 
VerDate Sep 11 2014 
23:41 Mar 07, 2024
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H7521.IH
H7521
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(i) is controlled by a foreign adver-
sary; and 
(ii) that is determined by the Presi-
dent to present a significant threat to the 
national security of the United States fol-
lowing the issuance of— 
(I) a public notice proposing such 
determination; and 
(II) a public report to Congress, 
submitted not less than 30 days be-
fore such determination, describing 
the specific national security concern 
involved and containing a classified 
annex and a description of what as-
sets would need to be divested to exe-
cute a qualified divestiture. 
(4) FOREIGN ADVERSARY COUNTRY.—The term 
‘‘foreign adversary country’’ means a country speci-
fied in section 4872(d)(2) of title 10, United States 
Code. 
(5) INTERNET
HOSTING
SERVICE.—The term 
‘‘internet hosting service’’ means a service through 
which storage and computing resources are provided 
to an individual or organization for the accommoda-
tion and maintenance of 1 or more websites or on-
VerDate Sep 11 2014 
23:41 Mar 07, 2024
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H7521.IH
H7521
kjohnson on DSK7ZCZBW3PROD with $$_JOB
line services, and which may include file hosting, do-
main name server hosting, cloud hosting, and virtual 
private server hosting. 
(6) 
QUALIFIED
DIVESTITURE.—The 
term 
‘‘qualified divestiture’’ means a divestiture or similar 
transaction that— 
(A) the President determines, through an 
interagency process, would result in the relevant 
covered company no longer being controlled by 
a foreign adversary; and 
(B) the President determines, through an 
interagency process, precludes the establish-
ment or maintenance of any operational rela-
tionship between the United States operations 
of the relevant foreign adversary controlled ap-
plication and any formerly affiliated entities 
that are controlled by a foreign adversary, in-
cluding any cooperation with respect to the op-
eration of a content recommendation algorithm 
or an agreement with respect to data sharing. 
(7) SOURCE CODE.—The term ‘‘source code’’ 
means the combination of text and other characters 
comprising 
the 
content, 
both 
viewable 
and 
nonviewable, of a software application, including any 
publishing language, programming language, pro-
VerDate Sep 11 2014 
23:41 Mar 07, 2024
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H7521.IH
H7521
kjohnson on DSK7ZCZBW3PROD with $$_JOB
tocol, or functional content, as well as any successor 
languages or protocols. 
(8) 
UNITED
STATES.—The 
term 
‘‘United 
States’’ includes the territories of the United States. 
SEC. 3. JUDICIAL REVIEW. 
(a) RIGHT OF ACTION.—A petition for review chal-
lenging this Act or any action, finding, or determination 
under this Act may be filed only in the United States 
Court of Appeals for the District of Columbia Circuit. 
(b) EXCLUSIVE JURISDICTION.—The United States 
Court of Appeals for the District of Columbia Circuit shall 
have exclusive jurisdiction over any challenge to this Act 
or any action, finding, or determination under this Act. 
(c) STATUTE OF LIMITATIONS.—A challenge may 
only be brought— 
(1) in the case of a challenge to this Act, not 
later than 165 days after the date of the enactment 
of this Act; and 
(2) in the case of a challenge to any action, 
finding, or determination under this Act, not later 
than 90 days after the date of such action, finding, 
or determination. 
Æ 
VerDate Sep 11 2014 
23:41 Mar 07, 2024
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6301
E:\BILLS\H7521.IH
H7521
kjohnson on DSK7ZCZBW3PROD with $$_JOB