[House Document 116-148]
[From the U.S. Government Publishing Office]






116th Congress, 2d Session - - - - - - - - - House Document 116-148 
 
 ADDRESSING THE THREAT POSED BY TIKTOK, AND TAKING ADDITIONAL STEPS TO 
  ADDRESS THE NATIONAL EMERGENCY WITH RESPECT TO THE INFORMATION AND 
          COMMUNICATIONS TECHNOLOGY AND SERVICES SUPPLY CHAIN

                               __________

                             COMMUNICATION

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

    AN EXECUTIVE ORDER THAT TAKES ADDITIONAL STEPS TO DEAL WITH THE 
 NATIONAL EMERGENCY WITH RESPECT TO THE INFORMATION AND COMMUNICATIONS 
TECHNOLOGY AND SERVICES SUPPLY CHAIN DECLARED IN EXECUTIVE ORDER 13873 
OF MAY 15, 2020, PURSUANT TO 50 U.S.C. 1703(b); PUBLIC LAW 95-223, SEC. 
204(b); (91 STAT. 1627) AND 50 U.S.C. 1641(b); PUBLIC LAW 94-412, SEC. 
                        401(b); (90 STAT. 1257)







[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]








  August 14, 2020.--Referred to the Committee on Foreign Affairs and 
                         ordered to be printed 
                         
                              ________
                              
                  U.S. GOVERNMENT PUBLISHING OFFICE
                  
99-011                 WASHINGTON : 2020                          
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                                           The White House,
                                        Washington, August 6, 2020.
Hon. Michael R. Pence,
President of the Senate,
Washington, DC.
    Dear Madam Speaker: Pursuant to the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the 
National Emergencies Act (50 U.S.C. 1601 et seq.), and section 
301 of title 3, United States Code, I hereby report that I have 
issued an Executive Order (the ``order'') that takes additional 
steps to deal with the national emergency with respect to the 
information and communications technology and services supply 
chain declared in Executive Order 13873 of May 15, 2019 
(Securing the Information and Communications Technology and 
Services Supply Chain). Specifically, the spread in the United 
States of mobile applications developed and owned by companies 
in the People's Republic of China (China) continues to threaten 
the national security, foreign policy, and economy of the 
United States. At this time, the order takes action to address 
one mobile application in particular, TikTok.
    TikTok, a video-sharing mobile application owned by the 
Chinese company ByteDance Ltd., automatically captures vast 
swaths of information from its users. This data collection 
threatens to allow the Chinese Communist Party access to 
Americans' personal and proprietary information--potentially 
allowing China to track the locations of Federal employees and 
contractors, build dossiers of personal information for 
blackmail, and conduct corporate espionage. TikTok also 
reportedly censors content that the Chinese Communist Party 
deems politically sensitive, such as content concerning 
protests in Hong Kong and China's treatment of Uyghurs and 
other Muslim minorities. TikTok may also be used for 
disinformation campaigns that benefit the Chinese Communist 
Party.
    To deal with this threat, the order prohibits, beginning 45 
days after the date of this order, to the extent permitted 
under applicable law, any transaction by any person, or with 
respect to any property, subject to the jurisdiction of the 
United States, with ByteDance Ltd. (a.k.a. Zijie Tiaodong), 
Beijing, China, or its subsidiaries, in which any such company 
has any interest, as identified by the Secretary of Commerce 
(Secretary). The Secretary will identify the transactions 
subject to this prohibition 45 days after the date of the 
order.
    I have delegated to the Secretary the authority to take 
such actions, including adopting appropriate rules and 
regulations, and to employ all powers granted to the President 
by IEEPA as may be necessary to implement the order. The order 
also directs all department and agencies to take all 
appropriate measures within their authority to implement the 
order.
    I am enclosing a copy of the order I have issued.
            Sincerely,

                                                   Donald J. Trump.
















                            Executive Order

                              ----------                              


 Addressing the Threat Posed by TikTok, and Taking Additional Steps To 
  Address the National Emergency With Respect to the Information and 
          Communications Technology and Services Supply Chain

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 
U.S.C. 1601 et seq.), and section 301 of title 3, United States 
Code,
    I, DONALD J. TRUMP, President of the United States of 
America, find that additional steps must be taken to deal with 
the national emergency with respect to the information and 
communications technology and services supply chain declared in 
Executive Order 13873 of May 15, 2019 (Securing the Information 
and Communications Technology and Services Supply Chain). 
Specifically, the spread in the United States of mobile 
applications developed and owned by companies in the People's 
Republic of China (China) continues to threaten the national 
security, foreign policy, and economy of the United States. At 
this time, action must be taken to address the threat posed by 
one mobile application in particular, TikTok.
    TikTok, a video-sharing mobile application owned by the 
Chinese company ByteDance Ltd., has reportedly been downloaded 
over 175 million times in the United States and over one 
billion times globally. TikTok automatically captures vast 
swaths of information from its users, including Internet and 
other network activity information such as location data and 
browsing and search histories. This data collection threatens 
to allow the Chinese Communist Party access to Americans' 
personal and proprietary information--potentially allowing 
China to track the locations of Federal employees and 
contractors, build dossiers of personal information for 
blackmail, and conduct corporate espionage.
    TikTok also reportedly censors content that the Chinese 
Communist Party deems politically sensitive, such as content 
concerning protests in Hong Kong and China's treatment of 
Uyghurs and other Muslim minorities. This mobile application 
may also be used for disinformation campaigns that benefit the 
Chinese Communist Party, such as when TikTok videos spread 
debunked conspiracy theories about the origins of the 2019 
Novel Coronavirus.
    These risks are real. The Department of Homeland Security, 
Transportation Security Administration, and the United States 
Armed Forces have already banned the use of TikTok on Federal 
Government phones. The Government of India recently banned the 
use of TikTok and other Chinese mobile applications throughout 
the country; in a statement, India's Ministry of Electronics 
and Information Technology asserted that they were ``stealing 
and surreptitiously transmitting users' data in an unauthorized 
manner to servers which have locations outside India.'' 
American companies and organizations have begun banning TikTok 
on their devices. The United States must take aggressive action 
against the owners of TikTok to protect our national security.
    Accordingly, I hereby order:
    Section 1. (a) The following actions shall be prohibited 
beginning 45 days after the date of this order, to the extent 
permitted under applicable law: any transaction by any person, 
or with respect to any property, subject to the jurisdiction of 
the United States, with ByteDance Ltd. (a.k.a. Zijie Tiaodong), 
Beijing, China, or its subsidiaries, in which any such company 
has any interest, as identified by the Secretary of Commerce 
(Secretary) under section 1(c) of this order.
    (b) The prohibition in subsection (a) of this section 
applies except to the extent provided by statutes, or in 
regulations, orders, directives, or licenses that may be issued 
pursuant to this order, and notwithstanding any contract 
entered into or any license or permit granted before the date 
of this order.
    (c) 45 days after the date of this order, the Secretary 
shall identify the transactions subject to subsection (a) of 
this section.
    Sec. 2. (a) Any transaction by a United States person or 
within the United States that evades or avoids, has the purpose 
of evading or avoiding, causes a violation of, or attempts to 
violate the prohibition set forth in this order is prohibited.
    (b) Any conspiracy formed to violate any of the 
prohibitions set forth in this order is prohibited.
    Sec. 3. For the purposes of this order:
    (a) the term ``person'' means an individual or entity;
    (b) the term ``entity'' means a government or 
instrumentality of such government, partnership, association, 
trust, joint venture, corporation, group, subgroup, or other 
organization, including an international organization; and
    (c) the term ``United States person'' means any United 
States citizen, permanent resident alien, entity organized 
under the laws of the United States or any jurisdiction within 
the United States (including foreign branches), or any person 
in the United States.
    Sec. 4. The Secretary is hereby authorized to take such 
actions, including adopting rules and regulations, and to 
employ all powers granted to me by IEEPA as may be necessary to 
implement this order. The Secretary may, consistent with 
applicable law, redelegate any of these functions within the 
Department of Commerce. All departments and agencies of the 
United States shall take all appropriate measures within their 
authority to implement this order.
    Sec. 5. General Provisions. (a) Nothing in this order shall 
be construed to impair or otherwise affect:
          (i) the authority granted by law to an executive 
        department, agency, or the head thereof; or
          (ii) the functions of the Director of the Office of 
        Management and Budget relating to budgetary, 
        administrative, or legislative proposals.
    (b) This order shall be implemented consistent with 
applicable law and subject to the availability of 
appropriations.
    (c) This order is not intended to, and does not, create any 
right or benefit, substantive or procedural, enforceable at law 
or in equity by any party against the United States, its 
departments, agencies, or entities, its officers, employees, or 
agents, or any other person.
                                                   Donald J. Trump.
    The White House, August 6, 2020.

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