United States of America: Adopted Protecting Americans from Foreign Adversary Controlled Applications Act (HR 8038) as incorporated in Bill making emergency supplemental appropriations (HR 815)

On 23 April 2024, the Protecting Americans from Foreign Adversary Controlled Applications Act (HR 8038) was adopted by the Senate of the United States, which agreed to the House's amendment to a Senate amendment to the Bill making emergency supplemental appropriations (HR 815) to incorporate the 21st Century Peace through Strength Act. The Bill was sent to the President for signing. The Act makes the distribution, maintenance, updating, or facilitation of a foreign adversary controlled application in the United States unlawful. The Act defines the term ‘foreign adversary controlled application’ as a website, desktop application, mobile application, or augmented or immersive technology application that is operated, directly or indirectly by ByteDance Ltd or TikTok. Specifically, the Act prohibits providing services to distribute, maintain, or update such foreign adversary controlled application (including any source code) by means of a marketplace or online mobile application store, and providing internet hosting services to enable the distribution, maintenance, or updating of such foreign adversary controlled application. The prohibition would apply 270 days after Bill's enactment, with the possibility of an extension where the US President certifies that steps towards a controlled divestiture are being taken.