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1 1 (March 28, 2023)

handle is hein.crs/govelbi0001 and id is 1 raw text is: Congressional_______ Research Service Restricting TikTok (Part II): Legislative Proposals and Considerations for Congress March 28, 2023 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, some Members of the 118th Congress have debated whether new legislation is needed to address TikTok's alleged national security risks. The 117th Congress took legislative action by passing the No TikTok on Government Devices Act, which mandates the app's removal from executive branch information technology systems. The President signed this act on December 29, 2022. Several legislative proposals in the 118th Congress would take more far-reaching actions by authorizing or requiring the executive branch to restrict transactions involving TikTok in ways that could result in a nationwide ban of the app. Some of the distinctions among bills are outlined in Table 1. Trends in Bills that Would Authorize or Require TikTok Bans While each bill has unique provisions, general trends across multiple bills include the following features. Removing IEEPA Exceptions: One common element in many TikTok-related bills is to eliminate exceptions to the President's statutory powers under the International Emergency Economic Powers Act (IEEPA). These proposed provisions seek to address the legal grounds discussed in Part I on which two courts enjoined the Trump Administration's August 2020 executive order (2020 Order) that would have imposed a nationwide ban of TikTok. Examples of legislation in this category include the No TikTok on United States Devices Act (H.R. 503/S. 85) and the Averting the National Threat of Internet Surveillance, Oppressive Censorship and Influence, and the Algorithmic Learning by the Chinese Communist Party Act (ANTI-SOCIAL CCP Act, H.R. 1081/S. 347). Congressional Research Service https://crsreports.congress.gov LSB10942 CRS Legal Sidebar Prepared for Members and Committees of Congress

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