House Commerce Unanimously Passes TikTok National Security Bills

The committee voted 50-0 to approve the Protecting Americans from Foreign Adversary Controlled Applications Act (HR-7521). The bill would ban distribution of apps owned by “foreign adversaries.” If enacted into law, Chinese owner ByteDance would have to divest TikTok so the app could continue operating in the U.S. In a statement, Johnson called HR-7521 an “important bipartisan measure to take on China, our largest geopolitical foe, which is actively undermining our economy and security.”

The committee also voted 50-0 to pass the Protecting Americans’ Data from Foreign Adversaries Act (HR-7520). The bill would ban data brokers from transferring “sensitive data” of American consumers to “foreign adversaries.” The State Department’s foreign adversaries list includes China, Cuba, Iran, North Korea, Russia and Venezuela.

The FCC has a long history of reviewing foreign ownership when granting licenses to television and radio broadcasters, ranking member Frank Pallone, D-N.J., said Thursday. There’s no reason social media companies should be exempt from the same level of scrutiny, especially given China's and Russia's election-interference history, he said. Apps like TikTok are “spying by design,” said Chair Cathy McMorris Rodgers, R-Wash.

The committee considered the two bills at a legislative hearing earlier in the day. The committee convened for about 30 minutes before unanimously moving to a classified executive session, presumably for a discussion of the bills' national security implications. Lawmakers then spent about 45 minutes marking up the two bills, with one minor amendment offered and withdrawn by Rep. Lori Trahan, D-Mass.

Pallone said that while he supports the measures, he was concerned about how the majority rushed passage. Democrats would have appreciated more time to “digest” the bills given the constitutional questions, Pallone said. Rodgers noted that House rules allow a committee majority to hold a hearing without giving a week’s notice if there’s “good cause,” and the national security implications are good cause.

TikTok cited a statement it issued previously this week, saying HR-7521 is an “outright ban” of TikTok that will “trample” First Amendment rights of 170 million American TikTok users. Rodgers and Rep. Dan Crenshaw, R-Texas, noted how TikTok on Thursday reportedly sought users' ZIP codes, so the company could let them know which representatives to contact about the legislation if they wish to continue using the platform. This is a small example of how the Chinese Communist Party manipulates TikTok users for its purposes, said Rodgers.

The First Amendment blocks the government from telling private companies what speech they can publish, the Computer & Communications Industry Association said in a statement Thursday. HR-7521 would violate the First Amendment with its threats of civil penalties and DOJ investigations, said CCIA Senior Vice President Stephanie Joyce: “These proposals would also set a dangerous precedent that could invite foreign governments to follow suit in enacting problematic laws that assert control over social media websites.”

Rep. Anna Eshoo, D-Calif., said she doesn’t necessarily support banning one particular app, but there’s a good national security argument to be made for the need to separate TikTok from its ties with Beijing.

Trahan offered and withdrew an amendment that would have added language from her Data Elimination and Limiting Extensive Tracking and Exchange (Delete) Act. She introduced the bill with Rep. Chuck Edwards, R-N.C., and Sens. Bill Cassidy, R-La., and Jon Ossoff, D-Ga. The bill would allow users to request all data brokers “delete any personal data collected by the company and a prohibition on future collection.” Eshoo said there was a compelling case to add the language, but Pallone explained the bill is included in the committee’s comprehensive privacy legislation, which members are continuing to pursue. Pallone and Rodgers stressed their commitment to getting the American Data Privacy and Protection Act (ADPPA) signed into law. The timeline on the ADPPA has “slipped,” but the commitment is “still very strong,” said Rodgers.

Public Knowledge urged Congress to pass a federal privacy law instead of “one-off” measures like Thursday's bills. These measures “can at best make a tiny impact on the amount of consumer data collected while eliminating a popular tool for free expression,” Government Affairs Director Sara Collins said. “At worst, a bill targeting one company gives Congress a pass at doing something that provides privacy to everyone.”