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              Congressional_______
           R a    esearch Service






Restricting TikTok (Part II): Legislative


Proposals and Considerations for Congress



Updated March 15, 2024

This Legal Sidebar is the second installment in a two-part series on U.S. efforts to regulate the video-
sharing application (app) TikTok. The first installment provided legal background on executive branch-
led efforts to restrict TikTok's U.S. presence and operations. This Sidebar analyzes proposals to create
new authorities to restrict TikTok and examines constitutional and other legal issues for Congress to
consider.

Legislative Proposals

Against the backdrop of executive branch efforts discussed in Part I of this series, the 118th Congress is
considering legislative proposals that would address TikTok's alleged national security risks. On March
13, 2024, the House passed the Protecting Americans from Foreign Adversary Controlled Applications
Act (H.R. 7521), which would prohibit app stores and internet hosting services from supporting TikTok
unless it undergoes a qualified divestment that removes it from foreign adversary control. A number of
other bills have also been introduced that would authorize or require the executive branch to restrict
transactions involving TikTok. These bills are discussed further below, and several distinctions among
them are outlined in Table 1.

H.R.  7521
H.R. 7521 would prohibit app stores and internet hosting services from enabling the distribution,
maintenance, or updating of foreign adversary controlled applications. The bill would also require
foreign adversary controlled applications to provide, upon request, U.S. users with all the data related to
their accounts (including their posts, photos, and videos) in a machine readable format. A company that
violates either restriction could be fined in an amount based in part on the number of users affected by the
violation.
The bill defines foreign adversary controlled application to include TikTok and any other subsidiary of
ByteDance, Ltd. (TikTok's parent company). The definition also includes any other website, app, or
augmented or immersive technology that (1) meets certain definitional requirements (e.g., allows uses to
share content with each other and has more than 1 million monthly active users); (2) is owned by a
                                                                 Congressional Research Service
                                                                   https://crsreports.congress.gov
                                                                                      LSB10942

CR3 Legal Sidebar
Prepared for Members and


Committees of Congress

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