H.R. 7521House118th Congress (2023-2025)Passed House

Protecting Americans from Foreign Adversary Controlled Applications Act

Introduced March 5, 2024

AI-Generated Summary

Updated January 20, 2026 at 3:00 PM UTC

The Protecting Americans from Foreign Adversary Controlled Applications Act seeks to safeguard U.S. national security by banning the distribution, maintenance, and updating of applications controlled by foreign adversaries, specifically targeting TikTok and other ByteDance‑related services. It requires providers to give U.S. users access to their data before the ban takes effect and sets civil penalties for violations. The law also provides exemptions for qualified divestitures and outlines enforcement and judicial review procedures. It primarily affects app developers, marketplace operators, internet hosting services, and users of the targeted applications within the United States.

Key Provisions

  • Prohibits any entity from distributing, maintaining, or updating a foreign adversary controlled application (e.g., TikTok) within U.S. borders, effective 180 days after enactment or after a presidential determination
  • Requires owners of such applications to provide users with all account data in a machine‑readable format upon request before the prohibition takes effect
  • Allows exemptions for applications that undergo a qualified divestiture before the ban starts and for services needed to achieve compliance
  • Imposes civil penalties up to $5,000 per U.S. user for distribution violations and up to $500 per user for data‑portability violations
  • Authorizes the Attorney General to investigate, enforce civil penalties, and seek injunctive or declaratory relief in federal court
  • Defines key terms such as “foreign adversary,” “covered company,” “foreign adversary controlled application,” and “qualified divestiture”
  • Limits judicial review to the D.C. Circuit with filing deadlines of 165 days for challenges to the Act and 90 days for challenges to enforcement actions

Legislative Activity

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14 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

March 14, 2024

View full timeline
HouseIntro Referral

Introduced in House

March 5, 2024

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

March 5, 2024

HouseCommittee

Referred to the Subcommittee on Innovation, Data, and Commerce.

March 6, 2024

HouseCommittee

Subcommittee on Innovation, Data, and Commerce Discharged

March 7, 2024

HouseCommittee

Committee Consideration and Mark-up Session Held

March 7, 2024

HouseCommittee

Ordered to be Reported by the Yeas and Nays: 50 - 0.

March 7, 2024

HouseCommittee

Reported by the Committee on Energy and Commerce. H. Rept. 118-417.

March 11, 2024

HouseCalendars

Placed on the Union Calendar, Calendar No. 344.

March 11, 2024

HouseFloor

Mrs. Rodgers (WA) moved to suspend the rules and pass the bill, as amended.

March 13, 2024 • 9:14 AM

HouseFloor

Considered under suspension of the rules. (consideration: CR H1163-1171)

March 13, 2024 • 9:14 AM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 7521.

March 13, 2024 • 9:14 AM

HouseFloor

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)

March 13, 2024 • 10:37 AM

HouseFloor

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)

March 13, 2024 • 10:37 AM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

March 13, 2024 • 10:37 AM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

March 14, 2024

Floor Debate

21 members

What members said about H.R. 7521 on the floor

12 Republicans9 Democrats
Michael T. McCaul
Rep. Michael T. McCaulR-TX-10 · Apr 20, 2024

Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on H.R. 8038. Madam Chair, I yield myself such…

Gregory W. Meeks
Rep. Gregory W. MeeksD-NY-5 · Apr 20, 2024

Madam Chair, I yield myself such time as I may consume. Madam Chair, this is indeed a historic moment. Sometimes when we are living history, as we are today, we don't understand the significance of…

Thomas Massie
Rep. Thomas MassieR-KY-4 · Mar 13, 2024

Mr. Speaker, I rise in actual opposition to the bill. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I know the sponsors of this bill are sincere in their concerns and in their…

Ken Calvert
Rep. Ken CalvertR-CA-41 · Apr 20, 2024

Mr. Speaker, pursuant to House Resolution 1160, I call up the bill (H.R. 8034) making emergency supplemental appropriations to respond to the situation in Israel and for related expenses for the…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Mar 19, 2024

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise in strong support of H.R. 7520, the Protecting Americans' Data from Foreign Adversaries Act. I thank Chair Rodgers for…

Show 8 more
Rosa L. DeLauro
Rep. Rosa L. DeLauroD-CT-3 · Apr 20, 2024

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong support of the Israel Security Supplemental Appropriations Act, which will provide Israel with desperately needed…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Mar 13, 2024

Mr. Speaker, no. Mr. Speaker, I yield myself 3 minutes. Mr. Speaker, I rise in support of H.R. 7521, the Protecting Americans from Foreign Adversary Controlled Applications Act. Big Tech has…

Warren Davidson
Rep. Warren DavidsonR-OH-8 · Mar 13, 2024

Mr. Speaker, I thank the gentleman for yielding time. Mr. Speaker, I think it is important we solve the right problem. The gentleman from New Jersey, who isn't actually opposed to the bill, seems to…

Zachary Nunn
Rep. Zachary NunnR-IA-3 · Apr 20, 2024

Madam Chair, I have an amendment at the desk. Madam Chair, I yield myself such time as I may consume. Iran is the largest sponsor of state terrorism. Their tactics of terror know no bounds, and they…

Marjorie Taylor Greene
Rep. Marjorie Taylor GreeneR-GA-14 · Mar 13, 2024

Mr. Speaker, I rise today as the only Member of Congress that has ever been banned by social media. On January 2, 2022, Twitter banned me, banned my personal account on which I was campaigning for…

Cathy McMorris Rodgers
Rep. Cathy McMorris RodgersR-WA-5 · Mar 13, 2024

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 7521) to protect the national security of the United States from the threat posed by foreign adversary controlled applications, such…

Dan Bishop
Rep. Dan BishopR-NC-8 · Mar 13, 2024

Mr. Speaker, this is not the first time that restricting speech has been pursued in the interests of national security. In fact, in 5 days' time, next Monday, I will go to the Supreme Court for the…

Al Green
Rep. Al GreenD-TX-9 · Apr 20, 2024

Mr. Speaker, Israel suffered a tragic loss on October 7, 2023. The people of Israel are in mourning. The lives of innocent civilian Israeli men, women, and especially children matter. They must be…

Show 11 more
Cathy McMorris Rodgers
Rep. Cathy McMorris RodgersR-WA-5 · Mar 19, 2024

Madam Speaker, I move to suspend the rules and pass the bill (H.R. 7520) to prohibit data brokers from transferring sensitive data of United States individuals to foreign adversaries, and for other…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Mar 13, 2024

Mr. Speaker, I urge my colleagues to join me in supporting H.R. 7521, the Protecting Americans from Foreign Adversary Controlled Applications Act, a bipartisan bill introduced by our colleagues Mike…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Apr 20, 2024

Mr. Speaker, we can do no less than to come to this floor today to be the America that we have been known around the world to have become, and that is a freedom-loving democracy standing for and…

Suzanne Bonamici
Rep. Suzanne BonamiciD-OR-1 · Mar 15, 2024

Mr. Speaker, I rise today in opposition to H.R. 7521, the Protecting Americans from Foreign Adversary Controlled Applications Act. I agree with my colleagues that we must do more to protect personal…

Raja Krishnamoorthi
Rep. Raja KrishnamoorthiD-IL-8 · Mar 13, 2024

Mr. Speaker, I thank Ranking Member Pallone; Mr. Gallagher, my partner on this bill; Chairwoman McMorris Rodgers; and all the members of the select committee. First, this bill is not a ban, and it is…

Carlos A. Gimenez
Rep. Carlos A. GimenezR-FL-28 · Apr 20, 2024

Madam Chair, I have an amendment at the desk. Madam Chair, I yield myself such time as I may consume. Madam Chair, be it through technology transfers or monetary investments, we must stop funding our…

J. French Hill
Rep. J. French HillR-AR-2 · Apr 20, 2024

Madam Chair, once again, dear friends, into the breach. We stand in the breach again for freedom. We stand in this historic Chamber with Washington on one side and Lafayette on the other. In 2 years,…

Gus M. Bilirakis
Rep. Gus M. BilirakisR-FL-12 · Mar 19, 2024

Madam Speaker, I rise in strong support of H.R. 7520, the Protecting Americans' Data from Foreign Adversaries Act. Last week, the House took historic action to protect Americans' data from…

Val T. Hoyle
Rep. Val T. HoyleD-OR-4 · Mar 19, 2024

Mr. Speaker, I will vote in opposition to H.R. 7521, the so-called ``Protecting Americans from Foreign Adversary Controlled Applications Act.'' This bill would force the sale of the social media…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Mar 13, 2024

Mr. Speaker, I rise today to speak on H.R. 7521, the Protecting Americans from Foreign Adversary Controlled Applications Act. This bill would prohibit the distribution, maintenance, or provision of…

Zoe Lofgren
Rep. Zoe LofgrenD-CA-18 · Mar 15, 2024

Mr. Speaker, my intended vote against H.R. 7521 must not imply I do not have concerns about cybersecurity in the U.S. but, rather, that I have concerns regarding this specific bill. This bill's…

Bill Text

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Referred in SenateIssued March 14, 2024

IIB

118th CONGRESS

2d Session

H. R. 7521

IN THE SENATE OF THE UNITED STATES

March 14, 2024

Received; read twice and referred to the Committee on Commerce, Science, and Transportation

AN ACT

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.

1.

Short title

This Act may be cited as the Protecting Americans from Foreign Adversary Controlled Applications Act.

2.

Prohibition of foreign adversary controlled applications

(a)

In general

(1)

Prohibition of foreign adversary controlled applications

It shall be unlawful for an entity to distribute, maintain, or update (or enable 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, maintain, or update such foreign adversary controlled 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 maritime borders of the United States may access, maintain, or update such application.

(B)

Providing internet hosting services to enable the distribution, maintenance, or updating of such foreign adversary controlled application for users within the land or maritime borders of the United States.

(2)

Applicability

Subsection (a) shall apply—

(A)

in the case of an application that satisfies the definition of a foreign adversary controlled 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 satisfies the definition of a foreign adversary controlled application pursuant to subsection (g)(3)(B), beginning on the date that is 180 days after the date of the relevant determination of the President under such subsection.

(b)

Data and information portability to alternative applications

Before the date on which a prohibition under subsection (a) applies to a foreign adversary controlled application, the entity that owns or controls 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 application. Such data shall be provided in a machine readable format and shall include any data maintained by such application with respect to the account of such user, including content (including posts, photos, and videos) and all other account information.

(c)

Exemptions

(1)

Exemptions for qualified divestitures

Subsection (a)—

(A)

does not apply to a foreign adversary controlled application with respect to which a qualified divestiture is executed before the date on which a prohibition under subsection (a) would begin to apply to such application; and

(B)

shall cease to apply in the case of a foreign adversary controlled application with respect to which a qualified divestiture is executed after the date on which a prohibition under subsection (a) applies to such application.

(2)

Exemptions for certain necessary services

Subsections (a) and (b) do not apply to services provided with respect to a foreign adversary controlled application that are necessary for an entity to attain compliance with such subsections.

(d)

Enforcement

(1)

Civil penalties

(A)

Foreign adversary controlled application violations

An entity that violates subsection (a) shall be subject to pay a 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 maritime 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 violations

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 Attorney General—

(A)

shall conduct investigations related to potential violations of subsection (a) or (b), and, if such an investigation results in a determination that a violation has occurred, the Attorney General shall pursue enforcement under paragraph (1); and

(B)

may bring an action in an appropriate district court of the United States for appropriate relief, including civil penalties under paragraph (1) or declaratory and injunctive relief.

(e)

Severability

(1)

In general

If any provision of this section 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 invalid 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 adversary 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 enforcement of subsection (a) or (b);

(2)

to authorize the Attorney General to pursue enforcement, under this section, against an individual user of a foreign adversary controlled application; or

(3)

except as expressly provided herein, to alter or affect any other authority provided by or established 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 foreign person or combination of foreign persons described in subparagraph (A) directly or indirectly 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, directly or indirectly (including through a parent company, subsidiary, or affiliate), a website, desktop application, mobile application, or augmented or immersive technology application that—

(i)

permits a user to create an account or profile to generate, share, and view text, images, videos, real-time communications, 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 generate or distribute content that can be viewed by other users of the website, desktop application, mobile application, or augmented or immersive technology application; and

(iv)

enables 1 or more users to view content generated by other users of the website, desktop application, mobile application, or augmented or immersive technology application.

(B)

Exclusion

The term covered company does not include an entity that operates a website, desktop application, mobile application, or augmented or immersive technology application whose primary purpose is to allow users to post product reviews, business reviews, or travel information and reviews.

(3)

Foreign adversary controlled application

The term foreign adversary controlled application means a website, desktop application, mobile application, or augmented or immersive technology application that is operated, directly or indirectly (including through a parent company, subsidiary, 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, directly or indirectly, by an entity identified in clause (i), (ii), or (iii); or

(B)

a covered company that—

(i)

is controlled by a foreign adversary; and

(ii)

that is determined by the President to present a significant threat to the national security of the United States following the issuance of—

(I)

a public notice proposing such determination; and

(II)

a public report to Congress, submitted not less than 30 days before such determination, describing the specific national security concern involved and containing a classified annex and a description of what assets would need to be divested to execute a qualified divestiture.

(4)

Foreign adversary country

The term foreign adversary country means a country specified 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 accommodation and maintenance of 1 or more websites or online services, and which may include file hosting, domain 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 foreign adversary controlled application no longer being controlled by a foreign adversary; and

(B)

the President determines, through an interagency process, precludes the establishment or maintenance of any operational relationship between the United States operations of the relevant foreign adversary controlled application and any formerly affiliated entities that are controlled by a foreign adversary, including any cooperation with respect to the operation 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, protocol, 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.

3.

Judicial review

(a)

Right of action

A petition for review challenging 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.

Passed the House of Representatives March 13, 2024.

Kevin F. McCumber,

Clerk.