House poised to pass bill that could ban TikTok but it faces uncertain path in the Senate

WASHINGTON — A bill that could lead to a ban on popular video app TikTok in the United States is expected to pass the House of Representatives on Wednesday, as lawmakers take action over concerns that the company’s ownership structure threatens the national security.

The bill would require Chinese company ByteDance to divest TikTok and other applications it owns within six months of the bill’s enactment, otherwise those apps would be banned. The lawmakers argue that ByteDance has obligations to the Chinese government, which can demand access to the data of TikTok consumers in the US at any time. The concern stems from a series of Chinese national security laws that force organizations to help gather intelligence.

Passage of the bill by the House of Representatives would be just the first step. The Senate would also have to approve the measure before it would become law, and lawmakers in that chamber indicated the measure would undergo significant review. Senate Majority Leader Chuck Schumer, D-N.Y., said he will have to consult with relevant committee chairs to determine the bill’s direction.

President Joe Biden has said that if Congress approves the measure, he will sign it.

The vote in the House of Representatives is about to open a new front in the long-running feud between lawmakers and the tech industry. Members of Congress have long been critical of technology platforms and their extensive influence, often clashing with executives over industry practices. But by targeting TikTok, lawmakers are taking aim at a platform popular with millions of people, many of whom are younger, just months before the election.

Ahead of the House vote, a top national security official in the Biden administration held a closed-door briefing with lawmakers on Tuesday to discuss TikTok and its national security implications. Lawmakers are weighing these security concerns against the desire not to restrict freedom of expression online.

“What we’ve tried to do here is be very thoughtful and deliberate about the need to force a divestiture of TikTok without granting any authority to the executive branch to regulate the content or go after a US company Rep. Mike Gallagher, the bill’s author, said as he emerged from the briefing.

TikTok has long denied that it could be used as a tool of the Chinese government. The company has said it has never shared U.S. user data with Chinese authorities and will not do so if requested. To date, the US government has also not provided any evidence that TikTok shared such information with Chinese authorities. The platform has approximately 170 million users in the US

The security briefing appeared to change few minds, but instead strengthened the positions of both sides.

“We have a national security obligation to prevent America’s most strategic adversary from becoming so involved in our lives,” said Rep. Nick LaLota, R-N.Y.

But Rep. Robert Garcia, D-Calif., said no information has been shared with him that convinces him TikTok is a national security threat. “My opinion, when I left that briefing, hasn’t changed at all,” he said.

“This idea that we’re essentially going to ban entrepreneurs, small business owners and the main way young people communicate with each other, I think it’s insane,” Garcia said.

“Nothing we heard in today’s classified briefing was unique to TikTok. They were things that happen on every social media platform,” said Rep. Sara Jacobs, D-Calif.

Republican leaders moved quickly to bring up the bill after its introduction last week. A House committee unanimously approved the legislation by 50 votes, even after their offices were flooded with calls from TikTok users demanding they stop it. Some offices even turned off their phones due to the attack.

Lawmakers in both parties are eager to confront China on a range of issues. The House has formed a special committee to focus on China-related issues. And Schumer directed committee chairs to work with Republicans on a bipartisan China competition bill.

Senators are open to the bill, but indicate they do not want to be too hasty.

“It’s not a redeeming feature to me that you move forward very quickly in technology, because history shows you make a lot of mistakes,” said Sen. Ron Wyden, D-Ore.

By moving forward with the legislation, Republicans in the House of Representatives are also putting rare daylight between themselves and former President Donald Trump as he seeks another term in the White House.

Trump has spoken out against the effort. He said Monday that he still believes TikTok poses a national security risk, but that he is opposed to banning the wildly popular app because it would help his rival, Facebook, which he continues to criticize over his 2020 election loss.

As president, Trump attempted to ban TikTok through an executive order that called “the distribution in the United States of mobile applications developed and owned by companies in the People’s Republic of China (China)” a threat to “national security, foreign policy and the economy of the United States.” However, the courts blocked the action after TikTok filed a lawsuit, arguing that such actions would violate freedom of expression and the right to a fair trial.