S. 3455 — Reported in Senate

II Calendar No. 507 116th CONGRESS 2d Session S. 3455 IN THE SENATE OF THE UNITED STATES March 12, 2020Mr. Hawley (for himself, Mr. Scott of Florida, Mr. Cotton, Ms. Ernst, Mr. Kennedy, and Ms. McSally) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs August 6, 2020Reported by Mr. Johnson, with an amendmentStrike out all after the enacting clause and insert the part printed in italic A BILL To prohibit certain individuals from downloading or using TikTok on any device issued by the United States or a government corporation. 1. Short title This Act may be cited as the No TikTok on Government Devices Act. 2. Prohibition on downloading or using TikTok by Federal employees (a) In general Except as provided in subsection (b), no employee of the United States, officer of the United States, Member of Congress, congressional employee, or officer or employee of a government corporation may download or use TikTok or any successor application developed by ByteDance or any entity owned by ByteDance on any device issued by the United States or a government corporation. (b) Exception Subsection (a) shall not apply to any investigation, cybersecurity research activity, enforcement action, disciplinary action, or intelligence activity. 1. Short title This Act may be cited as the No TikTok on Government Devices Act. 2. 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. August 6, 2020Reported with an amendment