Executive Order 14034 · Signed Jun 9, 2021

86 FR 31423 · Published Jun 11, 2021 · Effective on signing

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Protecting Americans' Sensitive Data From Foreign Adversaries

data privacynational securitytechnology regulationforeign adversariesconnected software apps

Signed by President Joseph R. Biden Jr.

The order revokes three prior executive orders that sought to ban or restrict TikTok, WeChat, and other Chinese-developed applications, and directs federal agencies to dismantle any rules or task forces put in place to enforce those bans.

It simultaneously launches a new framework for evaluating risks from connected software applications, directing the Commerce Department to produce reports recommending how to protect Americans' sensitive personal, health, and genetic data from foreign adversaries.

What this order does

What it orders

The order revokes Executive Orders 13942 (TikTok), 13943 (WeChat), and 13971 (Chinese-developed apps) and directs the Director of OMB and all agency heads to promptly rescind any rules, regulations, guidelines, or policies implementing those orders. Personnel positions, committees, and task forces created under those orders must also be abolished. The Secretary of Commerce is directed to conduct ongoing evaluations of connected software applications that may pose undue risk to national security or critical infrastructure, and to take action under the existing ICTS supply chain framework as warranted.

Separately, the order sets up a parallel reporting process: the Director of National Intelligence must provide threat assessments and the Secretary of Homeland Security must provide vulnerability assessments within 60 days, feeding into two Commerce Department reports — one due within 120 days recommending protections for sensitive U.S. personal data, and one due within 180 days recommending additional executive and legislative actions on risks from foreign-adversary-linked connected software applications.

Who it affects

Technology companies — particularly those with ties to foreign adversaries such as China — whose products were subject to the revoked orders. U.S. persons whose personal, health, and genetic data may be collected by connected software applications, and federal agencies previously tasked with enforcing the revoked app bans.

Why it matters

Companies like TikTok and WeChat that faced bans under the prior orders are no longer subject to those restrictions. Enforcement activity tied to the revoked orders halts immediately. The longer-term question of how the U.S. will regulate foreign-linked apps is deferred to the report-and-recommendation process the order sets in motion.

What must happen and when

How the order is supposed to work

The order runs in two tracks. The first is immediate: agencies rescind implementing rules and abolish enforcement bodies. The second is sequential: the DNI and DHS produce assessments at 60 days, which feed the Commerce Secretary's 120-day data-protection report and 180-day connected-software report, both delivered to the National Security Advisor. Commerce's ongoing evaluation authority under EO 13873 remains live throughout. There are no explicit penalties for missing the report deadlines, and the order explicitly requires consistency with the Administrative Procedure Act for any rulemaking that follows.

Actions and deadlines

  • Rescind all orders, rules, regulations, and guidelines implementing the revoked TikTok, WeChat, and Chinese-apps executive ordersNo deadline specified
  • Abolish personnel positions, committees, and task forces established under the revoked executive ordersNo deadline specified
  • Director of National Intelligence provides threat assessments to Secretary of CommerceWithin 60 days of signing
  • Secretary of Homeland Security provides vulnerability assessments to Secretary of CommerceWithin 60 days of signing
  • Secretary of Commerce provides report recommending protections for U.S. persons' sensitive personal, health, and genetic data from foreign adversariesWithin 120 days of signing
  • Secretary of Commerce provides report recommending additional executive and legislative actions on risks from foreign-adversary-linked connected software applicationsWithin 180 days of signing
  • Secretary of Commerce evaluates transactions involving connected software applications on a continuing basis and takes appropriate action under EO 13873No deadline specified

Agencies directed to act

Office of Management and BudgetDepartment of CommerceDepartment of StateDepartment of DefenseDepartment of JusticeDepartment of Health and Human ServicesDepartment of Homeland SecurityOffice of the Director of National Intelligence

Authority and reach

Authorities cited

International Emergency Economic Powers Act

Grants the President broad authority to regulate international transactions during a declared national emergency.

National Emergencies Act

Governs how the President declares and maintains national emergencies and the powers that flow from them.

3 U.S.C. § 301

Allows the President to delegate functions and authority to executive branch officials.

What this order changes

Revokes Executive Order 13942

Executive Order

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Executive Order 14034: Protecting Americans' Sensitive Data From Foreign Adversaries | EO Reporter