Protecting Americans from Foreign Adversary Controlled Applications Act

Bill: 118-hr-7521
Sponsor: Rep. Gallagher, Mike [R-WI-8]
Introduced: 2024-03-05 in the House
Policy area: Science, Technology, Communications
Subjects: 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

Summary:
action_date: 2024-03-05
text: 

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_date: 2024-03-11
text: 

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_date: 2024-03-13
text: 

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. 
 

 


Legislative actions:
action_date: 2024-03-14
text: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2024-03-13
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2024-03-13
text: 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)
action_date: 2024-03-13
text: Passed/agreed to in House: 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)
action_date: 2024-03-13
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 7521.
action_date: 2024-03-13
text: Considered under suspension of the rules. (consideration: CR H1163-1171)
action_date: 2024-03-13
text: Mrs. Rodgers (WA) moved to suspend the rules and pass the bill, as amended.
action_date: 2024-03-11
text: Placed on the Union Calendar, Calendar No. 344.
action_date: 2024-03-11
text: Reported by the Committee on Energy and Commerce. H. Rept. 118-417.
action_date: 2024-03-11
text: Reported by the Committee on Energy and Commerce. H. Rept. 118-417.
action_date: 2024-03-07
text: Ordered to be Reported by the Yeas and Nays: 50 - 0.
action_date: 2024-03-07
text: Committee Consideration and Mark-up Session Held
action_date: 2024-03-07
text: Subcommittee on Innovation, Data, and Commerce Discharged
action_date: 2024-03-06
text: Referred to the Subcommittee on Innovation, Data, and Commerce.
action_date: 2024-03-05
text: Referred to the House Committee on Energy and Commerce.
action_date: 2024-03-05
text: Introduced in House
action_date: 2024-03-05
text: Introduced in House