No TikTok on Government Devices Act (2022)

Summary

Division R of the Consolidated Appropriations Act, 2023, enacted on 29 December 2022, requires the removal of TikTok from the information technology of federal executive agencies. The ban covers the TikTok social networking service and any successor application or service developed or provided by ByteDance Limited or an entity it owns. Within 60 days the Director of the Office of Management and Budget, in consultation with GSA, CISA, the Director of National Intelligence and the Secretary of Defense and consistently with FISMA, had to issue standards and guidelines requiring agencies to remove the application. Exceptions are allowed for law enforcement, national security interests and activities and security researchers, with documented risk mitigation measures for each authorised use.

Information

Jurisdiction

United States

Issuing body

United States Congress

Type

Law

Available languages

English

Topics

• Supply chain
• Digital public administration

Notes

OMB implemented the Act with memorandum M-23-13 of 27 February 2023: within 30 days agencies had to identify the application on their systems, remove it, prevent its installation and block internet traffic to it from their devices; within 90 days ensure that new contracts did not require its use; within 120 days include the prohibition in solicitations and contract extensions. Exceptions are granted by the agency head and may not cover an entire agency. Through FAR clause 52.204-27 (interim rule, 88 FR 36430, in force since 2 June 2023) the ban extends to information technology used by contractors to perform the contract, including employees' devices used for that purpose. Executive Orders 13942 and 13943 of August 2020 on TikTok and WeChat were revoked by Executive Order 14034 of 9 June 2021. In April 2024 Congress passed a broader law, the Protecting Americans from Foreign Adversary Controlled Applications Act. In an opinion of 16 July 2026, which confirms its advice of 3 February and 10 March 2026, the Justice Department's Office of Legal Counsel concluded that the version of TikTok operated by the TikTok USDS Joint Venture, established in January 2026, does not fall within the ban, because the joint venture functions independently of ByteDance, is majority-owned by American investors and has revised the recommendation algorithm and the security programme; in the meantime the White House Counsel's office had allowed employees of federal agencies to download TikTok on their official devices, at each agency's discretion. The law remains in force for versions developed or provided by ByteDance.

United States Congress. (2022). No TikTok on Government Devices Act (Division R of the Consolidated Appropriations Act, 2023) (Public Law 117-328, Division R, §§ 101-102 (44 U.S.C. 3553 note)). https://www.govinfo.gov/app/details/PLAW-117publ328

United States Congress. "No TikTok on Government Devices Act (Division R of the Consolidated Appropriations Act, 2023)." 29 December 2022. https://www.govinfo.gov/app/details/PLAW-117publ328.

@misc{us_no_tiktok_on_government_devices_act_2022,
  author       = {{United States Congress}},
  title        = {{No TikTok on Government Devices Act (Division R of the Consolidated Appropriations Act, 2023)}},
  year         = {2022},
  note         = {Public Law 117-328, Division R, §§ 101-102 (44 U.S.C. 3553 note)},
  url          = {https://www.govinfo.gov/app/details/PLAW-117publ328},
  urldate      = {2026-11-02}
}