Protecting Americans from Foreign Adversary Controlled Applications Act

Protecting Americans from Foreign Adversary Controlled Applications Act
Long title	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.
Enacted by	the 118th United States Congress
Announced in	the 118th United States Congress
Legislative history
	Introduced in the House as H.R. 7521 by Mike Gallagher (R-WI) on March 5, 2024; Committee consideration by United States House Committee on Energy and Commerce; Passed the House on March 13, 2024 (352–65); Passed the House as H.R. 8038 on April 20, 2024 (360-58); Agreed to by the Senate on April 23, 2024 (79-18) ; Signed into law by President Joe Biden on April 24, 2024;

The Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA) is an act of Congress that was signed into law on April 24, 2024, as part of the National Security Act, 2024. It would ban social networking apps within 270 to 360 days if they are determined by the president of the United States and relevant provisions to be a "foreign adversary controlled application". The act explicitly applies to Beijing-based ByteDance Ltd. and its subsidiaries—including TikTok—without the need for additional determination. It ceases to be applicable if an app is sold and no longer considered by the president to be controlled by a foreign adversary of the United States.

PAFACA was introduced as H.R. 7521 during the 118th United States Congress by representatives Mike Gallagher and Raja Krishnamoorthi,^[b] following years of various attempts by federal lawmakers to ban TikTok in the country. The bill was passed by the House of Representatives on March 13, 2024. A modified version was passed by the House on April 20 as a rider to a foreign aid package, which was then passed by the Senate on April 23.

The bill was lobbied heavily by TikTok and ByteDance, as well as several advocacy groups and corporations. Critics of the act say a forced sale under the threat of a ban may violate the First Amendment and that a comprehensive privacy legislation would be more appropriate than singling out TikTok. There is a perception that the bill was pushed through due to pro-Palestinian content on the platform in the context of the Israel–Hamas war, which some lawmakers who supported the legislation indicated was a motivator.

TikTok and ByteDance filed a lawsuit against the legislation on May 7, 2024.
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