Senator Markey Releases Discussion Draft of Legislation to Keep TikTok Online and Protect National Security

Bill Text (PDF)|One Pager (PDF)
Washington (July 31, 2025) - Senator Edward J. Markey (D-Mass.), member of the Commerce, Science, and Transportation Committee, today released a discussion draft of legislation, called theTikTok Transparency and Data Security Act,that would address the national security risks posed by ByteDance’s ownership of TikTok without banning an application used by 170 million American users and 7 million American businesses. After President Donald Trump’s repeated illegal extensions of the TikTok divestment deadline, the next deadline is September 17, 2025.
TheTikTok Transparency and Data Security Actwould eliminate the requirement that Bytedance sell TikTok’s U.S. operations or face a ban if the company (1) establishes transparency requirements about the content displayed and promoted on the application, and (2) limits foreign access to the data of TikTok’s American users. This two-pronged approach is designed to address the biggest risks from Bytedance’s ownership of TikTok.
“For months, I have been urging my colleagues to find an alternative path to the TikTok ban that keeps TikTok online without jeopardizing national security,”said Senator Markey. “Today, I am proposing a new approach. TheTikTok Transparency and Data Security Actabandons the failed effort to force Bytedance to sell TikTok and seeks to directly address the app’s national security risks. With Trump continuing to illegally extend the divestment deadline, it’s time for Congress to reassert its legislative power, fix its mistake, and consider a new approach to TikTok. I look forward to reviewing the feedback on this discussion draft.”
In March 2025, Senator Markey, along with Senator Cory Booker (D-N.J.) and Chris Van Hollen D-Md.), sent aletterto President Donald Trump, requesting additional information on any efforts to keep TikTok online in the United States and urging the Administration to work with Congress on any potential resolutions to the TikTok ban. President Trump has not answered Senator Markey’s letter. On April 9, 2025, Senator Markey asked for unanimous consent to pass hisExtend the TikTok Deadline Acton the Senate floor. Senate Republicansblockedit.
On January 16, 2025, Senator Markey, along with Senators Cory Booker (D-N.J.) and Chris Van Hollen (D-Md.), sent aletterto President Joe Biden urging him to trigger the 90-day extension in the Protection Americans’ Data from Foreign Adversary Controlled Applications Act to allow ByteDance additional time to divest from TikTok. On January 15, 2025, Senators Markey, Booker, and Ron Wyden (D-Ore.) and Congressman Khanna (CA-17) introduced theExtend the TikTok Deadline Act,legislation that would delay the January 19 deadline by which ByteDance must sell TikTok or face a ban, by an additional 270 days.
In December 2024, Senators Markey and Rand Paul (R-Ky.), along with Congressman Khanna, submitted abipartisan, bicameral amicus briefurging the U.S. Supreme Court to reverse the D.C. Circuit Court's decision inTikTok Inc. v. Garland, which upheld the TikTok ban established under theProtecting Americans from Foreign Adversary Controlled Applications Act.On December 19, Senators Markey and Paul sent aletterto President Joe Biden urging him to provide TikTok owner ByteDance with a 90-day extension to either sell TikTok or face the ban.
###