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| 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. |
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| Enacted by | the 118th United States Congress |
| Announced in | the 118th United States Congress |
| Citations | |
| Statutes at Large | 138 Stat. 955 |
| Codification | |
| U.S.C. sections created | 15 U.S.C. § 9901 |
| Legislative history | |
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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 Public Law 118-50. It would ban social networking services 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 definition covers websites and application software, including mobile apps. The act explicitly applies to ByteDance Ltd. and its subsidiaries—including TikTok—without the need for additional determination. It ceases to be applicable if the foreign adversary controlled application is divested and no longer considered to be controlled by a foreign adversary of the United States.[b]
PAFACA was introduced as H.R. 7521 during the 118th United States Congress by representatives Mike Gallagher and Raja Krishnamoorthi,[c] 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. A separate lawsuit by several TikTok content creators was filed a week later.
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