H.R. 8772 — Introduced in House

I 117th CONGRESS 2d Session H. R. 8772 IN THE HOUSE OF REPRESENTATIVES September 6, 2022Mr. Johnson of South Dakota (for himself, Mr. Norman, and Mr. Mast) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Armed Services, and Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish certain requirements relating to TikTok, and for other purposes. 1. Short title This Act may be cited as the Block the Tok Act. 2. Limitation on the access of user data of United States citizens TikTok may not access user data of United States citizens from within the People’s Republic of China. 3. Investigation by Commission (a) Investigation Not later than 60 days after the date of the enactment of this Act, the Commission shall initiate an investigation to determine if TikTok has engaged in unfair or deceptive acts or practices within the meaning of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)). (b) Complaint Not later than 30 days after the date on which the Commission completes the investigation described in subsection (a), if the Commission determines TikTok has engaged in unfair or deceptive acts or practices within the meaning of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)) and if the Commission determines that a proceeding by the Commission would be in the interest of the public, the Commission shall issue and serve upon TikTok a complaint stating the charges that contains a notice of a hearing on a fixed date and place at least thirty days after the date on which the complaint is served. 4. Prohibition on the use of TikTok at military installations and Federal agencies (a) Prohibition Not later than 30 days after the date of the enactment of this Act— (1) TikTok may not be downloaded or used on a personal electronic device at a military installation or a Federal agency; and (2) TikTok, if on a personal electronic device at a military installation or a Federal agency on the date of the enactment of this Act, shall be removed from the personal electronic device. (b) Exception The head of the relevant Federal agency may authorize an exception to the prohibition described in subsection (a). 5. Prohibition on the use of TikTok on Federal Government devices (a) Prohibition Not later than 30 days after the date of the enactment of this Act— (1) TikTok may not be downloaded or used on information technology; and (2) TikTok, if on information technology on the date of the enactment of this Act, shall be removed from the information technology. (b) Exception The Chair of the Commission or the head of a Federal agency may authorize an exception to the prohibition described in subsection (a) if the Chair or the head of the relevant Federal agency determines that it is appropriate for the purpose of an investigation to determine if TikTok has engaged in unfair or deceptive acts or practices within the meaning of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)). 6. Definitions In this Act: (1) Commission The term Commission means the Federal Trade Commission. (2) Federal agency The term Federal agency includes the following: (A) Air Force Intelligence, Surveillance and Reconnaissance Agency. (B) Army Intelligence and Security Command. (C) Central Intelligence Agency. (D) Coast Guard Intelligence. (E) Defense Intelligence Agency. (F) Department of Defense. (G) Department of Homeland Security. (H) Department of Justice. (I) Department of State. (J) Department of the Treasury. (K) Drug Enforcement Administration. (L) Federal Bureau of Investigation. (M) Marine Corps Intelligence Activity. (N) National Geospatial-Intelligence Agency. (O) National Reconnaissance Office. (P) National Security Agency/Central Security Service. (Q) Office of the Director of National Intelligence. (R) Office of Intelligence and Counterintelligence of the Department of Energy. (S) Office of Naval Intelligence. (3) Information technology The term information technology has the meaning given that term in section 11101 of title 40, United States Code. (4) Military installation The term military installation has the meaning given that term in section 2801 of title 10, United States Code. (5) Personal electronic device The term personal electronic device, with respect to an employee of a military installation or a Federal agency, means— (A) an electronic device that was not provided to the employee by the relevant military installation or Federal agency for the business of such military installation or Federal agency; or (B) an electronic device that was provided to the employee by the relevant military installation or Federal agency for the business of such military installation or Federal agency but that was used by such employee for a purpose other than the business of such military installation or Federal agency.