WASHINGTON — The House passed a law on Wednesday that could lead to a nationwide ban of the popular video app TikTok if its owner from China doesn't sell its stake. Lawmakers acted on concerns about the current ownership structure of the company posing a national security threat.
The law, approved by a vote of 352-65, now moves to the Senate, where its prospects are uncertain.
TikTok, with over 150 million American users, is fully owned by the Chinese tech company ByteDance Ltd.
Lawmakers argue that ByteDance is bound to the Chinese government, which could demand access to the data of TikTok’s U.S. consumers whenever it wishes. The concern arises from a series of Chinese national security laws that require organizations to assist with intelligence gathering.
Rep. Cathy McMorris Rodgers, R-Wash., said, “We have given TikTok a clear choice: separate from your parent company ByteDance, which is bound to the CCP (the Chinese Communist Party), and continue operating in the United States, or align with the CCP and face the consequences. The decision is TikTok’s.”
The House passing of the law is just the initial step. The Senate would also need to pass the law for it to be enacted, and lawmakers in the Senate indicated it would undergo a thorough review. Senate Majority Leader Chuck Schumer, D-N.Y., said he will need to consult with relevant committee chairs to determine the path of the law.
President Joe Biden stated that if Congress passes the law, he will sign it.
The House vote demonstrates increased tensions between China and the U.S. By targeting TikTok, lawmakers are addressing what they view as a serious threat to America’s national security — but also singling out a platform popular with millions of people, many of whom are younger, just months before an election.
A TikTok spokesperson, Alex Haurek, mentioned in a statement after the vote that the law was rushed through as part of a secretive process.
“We are hopeful that the Senate will consider the facts, listen to their constituents, and realize the impact on the economy, 7 million small businesses, and the 170 million Americans who use our service,” Haurek said.
In anticipation of the vote, a Chinese foreign ministry spokesperson, Wang Wenbin, accused Washington of resorting to political tools when U.S. businesses fail to compete. He stated that the effort would disrupt normal business operations and undermine investor confidence “and will eventually backfire on the U.S. itself.”
Overall, 197 Republican lawmakers supported the law and 15 opposed it. On the Democratic side, 155 voted for the law and 50 against.
Some Republican opponents of the law suggested that the U.S. should warn consumers about data privacy and propaganda concerns, but the ultimate decision should be left with consumers.
“The solution to authoritarianism is not more authoritarianism,” said Rep. Tom McClintock, R-Calif. “The solution to CCP-style propaganda is not CCP-style oppression. Let us slow down before we blunder down this very steep and slippery slope.”
Members of the Democratic party also cautioned about the negative effect a ban would have on users in the U.S., such as entrepreneurs and business owners. Rep. Jim Himes, the leading Democratic member of the House Intelligence Committee, was one of those who voted against the ban.
Himes stated that a key difference between the U.S. and its adversaries is that the U.S. does not shut down newspapers, broadcast stations, and social media platforms, while the adversaries do. He emphasized the trust in American citizens to be responsible for their democracy and the lack of trust in the government to control what information people can access.
Prior to the House vote, national security officials in the Biden administration held a private briefing with lawmakers to discuss the implications of TikTok on national security. Lawmakers are weighing these security concerns against the desire to preserve free speech online.
Rep. Mike Gallagher, the author of the bill, stated that they have been careful in their approach to require a divestiture of TikTok without giving the executive branch the authority to regulate content or take action against any American company.
TikTok has consistently denied being a tool of the Chinese government. The company has affirmed that it has never shared U.S. user data with Chinese authorities and will not do so even if asked. The U.S. government has not presented evidence to prove that TikTok has shared such information with Chinese authorities.
The Republican leaders quickly brought up the bill after its introduction by Gallagher and Rep. Raja Krishnamoorthi, D-Ill. Despite facing pressure from TikTok users to abandon the effort, a House committee unanimously approved the legislation with a 50-0 vote. Some offices even disconnected their phones because of the overwhelming number of calls. Supporters of the bill said the effort had the opposite effect.
Gallagher stated that this situation gave members a glimpse of how the platform could be used to spread false information.
Lawmakers from both parties are eager to address various issues related to China. The House established a special committee to focus on these issues, and Schumer instructed committee chairs to collaborate with Republicans on a bipartisan bill related to China competition.
There is likely to be pressure on Schumer from within his own party to take action on the TikTok legislation. Senate Intelligence Committee Chairman Mark Warner announced his intention to work on getting this bill passed by the Senate and signed into law following the House vote.
In a joint statement with Sen. Marco Rubio of Florida, Senate Intelligence Committee Chairman Mark Warner expressed their shared concern about the national security threat posed by TikTok, a platform that has significant power to influence and divide Americans, with its parent company ByteDance being legally obligated to comply with the Chinese Communist Party's demands.
Sen. Maria Cantwell, a Democrat who chairs another panel with jurisdiction on the issue, stated that she will attempt to find a path forward that is constitutional and safeguards civil liberties.
About 30 TikTok influencers and others who traveled with them protested against the bill on Capitol Hill on Wednesday. They chanted phrases like “Keep TikTok” before the vote. They also held signs that said “TikTok changed my life for the better” and “TikTok helped me grow my business.”
Dan Salinger, a TikTok creator based in Sacramento, California, who was present, said he began making content on the app during the COVID-19 pandemic simply out of boredom. But since then, his account, which features videos about his life and his father's struggle with dementia, has become popular. Today, he has 2 million followers on the app.
“I’m actually shocked for many reasons,” Salinger said. “The speed with which they’re pushing this bill through does not give enough time for Americans to express their concerns and opinions.”
Former President Donald Trump has opposed the House effort, but his vice president, Mike Pence, is urging Schumer to bring the House bill to a vote.
“There can be no doubt that this app is Chinese spyware and that a sale to a non-foreign adversary company is in the best interests of the American people,” Pence said in a letter to Schumer.