#aahth ,,congress #b;d ,session ,h4 ,r4 #geba ,,an ,,act ,to protect the national security of the ,united ,states from the threat posed by foreign adversary controlled applications1 such as ,tik,tok and any successor application or service and any other application or service developed or provided by ,byte,dance ,ltd4 or an entity under the control of ,byte,dance ,ltd4 #a4 ,short title ,this ,act may be cited as the ,protecting ,americans from ,foreign ,adversary ,controlled ,applications ,act4 #b4 ,prohibition of foreign adversary controlled applications 7a7 ,in general 7#a7 ,prohibition of foreign adversary controlled applications ,it shall be unlawful for an entity to distribute1 maintain1 or update 7or enable the distribution1 maintenance1 or updating of7 a foreign adversary controlled application by carrying out1 within the land or maritime borders of the ,united ,states1 any of the following3 7,a7 ,providing services to distribute1 maintain1 or update such foreign adversary controlled application 7including any source code of such application7 by means of a marketplace 7including an online mobile application store7 through which users within the land or maritime borders of the ,united ,states may access1 maintain1 or update such application4 7,b7 ,providing internet hosting services to enable the distribution1 maintenance1 or updating of such foreign adversary controlled application for users within the land or maritime borders of the ,united ,states4 7#b7 ,applicability ,subsection 7a7 shall apply-- 7,a7 in the case of an application that satisfies the definition of a foreign adversary controlled application pursuant to subsection 7g77#c77;,a71 beginning on the date that is #ahj days after the date of the enactment of this ,act2 and 7,b7 in the case of an application that satisfies the definition of a foreign adversary controlled application pursuant to subsection 7g77#c77;,b71 beginning on the date that is #ahj days after the date of the relevant determination of the ,president under such subsection4 7b7 ,data and information portability to alternative applications ,before the date on which a prohibition under subsection 7a7 applies to a foreign adversary controlled application1 the entity that owns or controls such application shall provide1 upon request by a user of such application within the land or maritime borders of ,united ,states1 to such user all the available data related to the account of such user with respect to such application4 ,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 user1 including content 7including posts1 photos1 and videos7 and all other account information4 7c7 ,exemptions 7#a7 ,exemptions for qualified divestitures ,subsection 7a7-- 7,a7 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 7a7 would begin to apply to such application2 and 7,b7 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 7a7 applies to such application4 7#b7 ,exemptions for certain necessary services ,subsections 7a7 and 7b7 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 subsections4 7d7 ,enforcement 7#a7 ,civil penalties 7,a7 ,foreign adversary controlled application violations ,an entity that violates subsection 7a7 shall be subject to pay a civil penalty in an amount not to exceed the amount that results from multiplying #e1jjj by the number of users within the land or maritime borders of the ,united ,states determined to have accessed1 maintained1 or updated a foreign adversary controlled application as a result of such violation4 7,b7 ,data and information violations ,an entity that violates subsection 7b7 shall be subject to pay a civil penalty in an amount not to exceed the amount that results from multiplying #ejj by the number of users within the land or maritime borders of the ,united ,states affected by such violation4 7#b7 ,actions by ,attorney ,general ,the ,attorney ,general-- 7,a7 shall conduct investigations related to potential violations of subsection 7a7 or 7b71 and1 if such an investigation results in a determination that a violation has occurred1 the ,attorney ,general shall pursue enforcement under paragraph 7#a72 and 7,b7 may bring an action in an appropriate district court of the ,united ,states for appropriate relief1 including civil penalties under paragraph 7#a7 or declaratory and injunctive relief4 7e7 ,severability 7#a7 ,in general ,if any provision of this section or the application of this section to any person or circumstance is held invalid1 the invalidity shall not affect the other provisions or applications of this section that can be given effect without the invalid provision or application4 7#b7 ,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 7g77#c77;,a71 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 7g77#c77;,b74 7f7 ,rule of construction ,nothing in this ,act may be construed-- 7#a7 to authorize the ,attorney ,general to pursue enforcement1 under this section1 other than enforcement of subsection 7a7 or 7b72 7#b7 to authorize the ,attorney ,general to pursue enforcement1 under this section1 against an individual user of a foreign adversary controlled application2 or 7#c7 except as expressly provided herein1 to alter or affect any other authority provided by or established under another provision of ,federal law4 7g7 ,definitions ,in this section3 7#a7 ,controlled by a foreign adversary ,the term controlled by a foreign adversary means1 with respect to a covered company or other entity1 that such company or other entity is-- 7,a7 a foreign person that is domiciled in1 is headquartered in1 has its principal place of business in1 or is organized under the laws of a foreign adversary country2 7,b7 an entity with respect to which a foreign person or combination of foreign persons described in subparagraph 7,a7 directly or indirectly own at least a #bj percent stake2 or 7,c7 a person subject to the direction or control of a foreign person or entity described in subparagraph 7,a7 or 7,b74 7#b7 ,covered company 7,a7 ,in general ,the term covered company means an entity that operates1 directly or indirectly 7including through a parent company1 subsidiary1 or affiliate71 a website1 desktop application1 mobile application1 or augmented or immersive technology application that-- 7i7 permits a user to create an account or profile to generate1 share1 and view text1 images1 videos1 real-time communications1 or similar content2 7ii7 has more than #a1jjj1jjj monthly active users with respect to at least #b of the #c months preceding the date on which a relevant determination of the ,president is made pursuant to paragraph 7#c77;,b72 7iii7 enables #a or more users to generate or distribute content that can be viewed by other users of the website1 desktop application1 mobile application1 or augmented or immersive technology application2 and 7iv7 enables #a or more users to view content generated by other users of the website1 desktop application1 mobile application1 or augmented or immersive technology application4 7,b7 ,exclusion ,the term covered company does not include an entity that operates a website1 desktop application1 mobile application1 or augmented or immersive technology application whose primary purpose is to allow users to post product reviews1 business reviews1 or travel information and reviews4 7#c7 ,foreign adversary controlled application ,the term foreign adversary controlled application means a website1 desktop application1 mobile application1 or augmented or immersive technology application that is operated1 directly or indirectly 7including through a parent company1 subsidiary1 or affiliate71 by-- 7,a7 any of-- 7i7 ,byte,dance1 ,ltd42 7ii7 ,tik,tok2 7iii7 a subsidiary of or a successor to an entity identified in clause 7i7 or 7ii7 that is controlled by a foreign adversary2 or 7iv7 an entity owned or controlled1 directly or indirectly1 by an entity identified in clause 7i71 7ii71 or 7iii72 or 7,b7 a covered company that-- 7i7 is controlled by a foreign adversary2 and 7ii7 that is determined by the ,president to present a significant threat to the national security of the ,united ,states following the issuance of-- 7,i7 a public notice proposing such determination2 and 7,,ii7 a public report to ,congress1 submitted not less than #cj days before such determination1 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 divestiture4 7#d7 ,foreign adversary country ,the term foreign adversary country means a country specified in section #dhgb7;d77#b7 of title #aj1 ,united ,states ,code4 7#e7 ,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 #a or more websites or online services1 and which may include file hosting1 domain name server hosting1 cloud hosting1 and virtual private server hosting4 7#f7 ,qualified divestiture ,the term qualified divestiture means a divestiture or similar transaction that-- 7,a7 the ,president determines1 through an interagency process1 would result in the relevant foreign adversary controlled application no longer being controlled by a foreign adversary2 and 7,b7 the ,president determines1 through an interagency process1 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 adversary1 including any cooperation with respect to the operation of a content recommendation algorithm or an agreement with respect to data sharing4 7#g7 ,source code ,the term source code means the combination of text and other characters comprising the content1 both viewable and nonviewable1 of a software application1 including any publishing language1 programming language1 protocol1 or functional content1 as well as any successor languages or protocols4 7#h7 ,united states ,the term ,united ,states includes the territories of the ,united ,states4 #c4 ,judicial review 7a7 ,right of action ,a petition for review challenging this ,act or any action1 finding1 or determination under this ,act may be filed only in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 7b7 ,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 action1 finding1 or determination under this ,act4 7c7 ,statute of limitations ,a challenge may only be brought-- 7#a7 in the case of a challenge to this ,act1 not later than #afe days after the date of the enactment of this ,act2 and 7#b7 in the case of a challenge to any action1 finding1 or determination under this ,act1 not later than #ij days after the date of such action1 finding1 or determination4 ,passed the ,house of ,representatives ,march #ac1 #bjbd4;,clerk4