S.Amdt. 4076

SA 4076. Mr. HAWLEY (for himself, Mr. Scott of Florida, and Mr.
Cotton) submitted an amendment intended to be proposed to amendment SA
3867 submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. _____. PROHIBITION ON THE USE OF TIKTOK.

(a) Definitions.--In this section--
(1) the term ``covered application'' means the social
networking service TikTok or any successor application or
service developed or provided by ByteDance Limited or an
entity owned by ByteDance Limited;
(2) the term ``executive agency'' has the meaning given
that term in section 133 of title 41, United States Code; and
(3) the term ``information technology'' has the meaning
given that term in section 11101 of title 40, United States
Code.
(b) Prohibition on the Use of TikTok.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget, in consultation with the Administrator
of General Services, the Director of the Cybersecurity and
Infrastructure Security Agency, the Director of National
Intelligence, and the Secretary of Defense, and consistent
with the information security requirements under subchapter
II of chapter 35 of title 44, United States Code, shall
develop standards and guidelines for executive agencies
requiring the removal of any covered application from
information technology.
(2) National security and research exceptions.--The
standards and guidelines developed under paragraph (1) shall
include--
(A) exceptions for law enforcement activities, national
security interests and activities, and security researchers;
and
(B) for any authorized use of a covered application under
an exception, requirements for agencies to develop and
document risk mitigation actions for such use.
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