Guidance for Use of TikTok

Information on adherence of interim rule that prohibits the presence or use of TikTok on devices that are used by individuals for purposes of federal contract work.

About the Interim Rule

On June 2, 2023, the federal government issued an that prohibits the presence or use of TikTok on devices that are used by individuals for purposes of federal contract work. TikTok is a social media app that allows users to create, share and watch short videos and is owned by a company called ByteDance Limited.

This interim rule applies to federal contracts awarded or modified on or after June 2, 2023. The rule does not apply to federal grants or cooperative agreements.

The ban of use of the applications applies to all devices (computers, cell phones, tablets, etc.) used in the performance of federal contracts, whether the device is owned by the federal government, a contractor or a contractor鈥檚 employee (i.e., personal devices). Other services developed or provided by ByteDance Limited are also prohibited, according to federal guidance.

The Principal Investigator (PI) on a federal contract that is or may soon be subject to this interim rule is the party responsible for compliance with this new federal requirement.

all

What is the reason this interim rule has been issued?

“This interim rule is being implemented as a national security measure to protect Government information and information and communication technology systems.” A final rule will subsequently be issued. Updated information will be provided as it becomes available. The interim rule implements the No TikTok on Government Devices Act (section 102 of Division R of the Consolidated Appropriations Act, 2023 – Pub. L. 117–328). It prohibits “having or using the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited, or an entity owned by ByteDance Limited” on any device used in the performance of federal contracts, including personal devices. Additional information can be found in the , and in the Federal Acquisition Regulation (FAR) Clause .

What products and applications are covered by this ban?

TikTok and all other ByteDance products including, but not limited to, those listed at sites: and . This includes applications (apps) downloaded to a device or accessing these applications through a web browser.

Does it apply to any agreement with a federal agency? All federal agreements?

The rule applies to federal contracts issued on or after the effective date of June 2, 2023, or modifications to existing contracts on or after that date to extend the length of the contract (period of performance). This also includes subcontracts issued off of federal contracts. The rule does not apply to federal grants and cooperative agreements or subawards flowing from grants and cooperative agreements. If you are unsure if your federal agreement is a grant or contract, please contact the 果冻影院 Grants & Contracts Office.

The new restriction does not apply automatically to existing federal contracts and subcontracts. If you receive an amendment after June 2, 2023 to your federal contract or subcontract you should read the amendment carefully to determine if FAR 52.204–27 has been added. Our Grants & Contracts Office will also notify the PI if the clause is present. It is not uncommon for individual agencies to begin including a new FAR clause in all amendments or to issue an amendment for the sole purpose of applying the new FAR clause even when the agency is not specifically required to do so. It is important, as always, that you review the terms of your contract or subcontract and any subsequent amendments.

Who is responsible for the ensuring TikTok, and other prohibited applications are not being accessed on devices used in the performance of federal contracts?

Principal Investigators on federal contracts that are, or may soon be, subject to this interim rule are responsible for compliance with this new federal requirement. PIs are expected to cascade the messaging around this ban to their project team and ensure those working on their projects are compliant.

What devices are covered by this ban and may not have TikTok or other Bytedance products/applications?

Any devices (laptop, desktop, server, phone, etc.) used in the performance of federal contracts are subject to the rule and are not allowed to have or access Tik Tok or via any mechanism. This includes devices, both managed by 果冻影院 and personal, where email or other activities such as collecting or analyzing data and/or receiving/sending email specific to work performed for a federal contract.

Who does this rule apply to?

Anyone (including 果冻影院 faculty, staff, and students, subcontractors on the federal contract or others performing work on new or modified federally funded contracts (not grants or cooperative agreements)) is subject to this ban.

What if my device currently has the TikTok app on it?

If you are using the device to perform work on a federal contract, the Tik Tok app must be uninstalled from the device. If you are unsure of how to do this effectively, contact 果冻影院 IS if it is an 果冻影院 owned device. If your device is personally owned, contact your platform service provider if you need assistance removing an application.

If I do not get my 果冻影院 email through my personal phone, can I have the TikTok app on my phone if am I performing work on a federal contract?

Yes, if you do not do any work for the federal contract (including accessing email) on your personal phone you can have the TikTok app on your phone. If you are using your personal phone to perform work on a federal contract that is subject to this ban you cannot have the TikTok app on your phone or access TikTok or any .

If someone sends me a TikTok via text or email, can I watch it even if I don鈥檛 have a TikTok account or the app on my device?

If the device that you are using is used to perform work on a federal contract that is subject to this ban, you cannot access TikTok or any through any medium, including text, email, web browser or app.

I am a PI and I don't have TikTok on any devices, can my students and staff have TikTok on their personal phones that include their work email?

No, if your students are using the email on their phone to perform work on a federal contract that is subject to this ban they cannot have or use TikTok or . Students and any other persons involved with an affected contract will need to be made aware of this requirement.

What happens if I continue to use TikTok (or any ByteDance product) on a device that I am using in the performance of a federal contract that prohibits use?

Individuals found in noncompliance with the terms of a federal contract may be removed from the contract, subject to federal contractual penalties, and/or subject to disciplinary action. In addition, the federal sponsor may require the return of any and all funds and/or termination of the contract.