[Congressional Record Volume 170, Number 47 (Friday, March 15, 2024)]
[Extensions of Remarks]
[Page E254]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PROTECTING AMERICANS FROM FOREIGN ADVERSARY CONTROLLED APPLICATIONS ACT

                                 ______
                                 

                               speech of

                         HON. SUZANNE BONAMICI

                               of oregon

                    in the house of representatives

                       Wednesday, March 13, 2024

  Ms. BONAMICI. Mr. Speaker, I rise today in opposition to H.R. 7521, 
the Protecting Americans from Foreign Adversary Controlled Applications 
Act.
  I agree with my colleagues that we must do more to protect personal 
information online, safeguard national security from foreign 
adversaries, and protect our electoral system from foreign 
interference, but this bill is far from the comprehensive approach our 
increasingly connected world needs. I also have serious concerns with 
the scope of the legislation and open constitutional questions about 
the path forward for its implementation.
  Targeting only one foreign adversary-controlled application will not 
fully protect consumers' data in our nation. Energy & Commerce 
Committee Chairwoman McMorris Rodgers and Ranking Member Pallone have 
already advanced bipartisan, comprehensive data privacy legislation, 
and the Biden Administration has issued an Executive Order to Protect 
Americans' Sensitive Personal Data. Instead of addressing one company, 
as the bill we are considering today does, we could instead consider 
that bill or a related proposal that would improve how Americans access 
and control their data across all apps. The limited data safeguards in 
the Protecting Americans from Foreign Adversary Controlled Applications 
Act are not sufficient to justify what could amount to a ban on TikTok 
in our country.
  Civil liberties and legal experts have also raised concerns about 
potential constitutional questions regarding this bill. During his term 
former President Donald Trump issued several Executive Orders that 
would have had many of the same effects of this bill, but courts struck 
down those orders. Additionally, the state of Montana's legislation to 
ban TikTok and similarly prevent it from accessing application stores 
was recently put on hold for exceeding the authority of the state and 
potentially violating the First Amendment. I am also concerned that 
this bill limits legal challenges to just the first 165 days after the 
legislation is enacted and restricts challenges to actions taken under 
its authority to within 90 days of their implementation. These 
restrictions and ongoing constitutional questions about limiting 
consumer choice and speech could create significant uncertainty as the 
bill is implemented. We should not limit opportunities for Americans to 
protect their rights through our legal system.
  The First Amendment of the U.S. Constitution enshrines the protection 
of free speech and a press free from fear of retribution from the 
government. Protecting this right is a cornerstone of our democracy, 
and one that I am committed to upholding. I encourage my colleagues to 
vote against this bill so we can return to the table and negotiate a 
more comprehensive and effective approach to data privacy.
  Once again, I urge my colleagues to vote no.

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