House Passes Bill Threatening TikTok Ban Over National Security Concerns: Explained - What's Next?

The House passed a bill on Wednesday that could result in a nationwide ban of TikTok, the popular video app, if its Chinese parent company fails to sell it, as reported by AP. Lawmakers are responding to concerns about the current ownership structure posing a national security risk.

The bill, approved with a vote of 352-65, will now move to the Senate, although its fate there remains uncertain.

TikTok, boasting over 150 million American users, operates as a fully-owned subsidiary of ByteDance Ltd., a Chinese technology company.

Lawmakers argue that ByteDance's ties to the Chinese government raise fears that user data could be accessed by China's authorities at any time. These concerns are rooted in Chinese national security legislation, which mandates cooperation with intelligence efforts by organizations.

Rep. Cathy McMorris Rodgers, R-Wash., stated, “We have given TikTok a clear choice. Separate from your parent company ByteDance, which is beholden to the CCP (the Chinese Communist Party), and remain operational in the United States, or side with the CCP and face the consequences. The choice is TikTok’s.”

The House passing the bill marks only the first step. For it to become law, the Senate must also approve it, with lawmakers in that chamber signaling a comprehensive review ahead. Senate Majority Leader Chuck Schumer, D-N.Y., stated that he will consult with relevant committee chairs to determine the bill's trajectory.

President Joe Biden has affirmed that if Congress greenlights the measure, he will sign it into law.

This House vote exemplifies the escalating tensions between China and the U.S. By focusing on TikTok, lawmakers are addressing what they perceive as a significant threat to America's national security. However, they are also targeting a platform widely popular among millions, particularly younger demographics, just months before an election.

Alex Haurek, a spokesperson for TikTok, remarked in a statement following the vote that the bill was pushed forward through 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 total, 197 Republican lawmakers voted in favor of the measure, with 15 opposing it. On the Democratic side, 155 voted in favor, while 50 voted against.

Some Republican opponents of the bill argued that the U.S. should alert consumers about data privacy and propaganda concerns but ultimately leave the decision to consumers. Democrats also highlighted the potential adverse effects a ban would have on U.S. users, including entrepreneurs and business owners.

Rep. Tom McClintock, R-Calif., stated, “The answer to authoritarianism is not more authoritarianism. The answer to CCP-style propaganda is not CCP-style oppression. Let us slow down before we blunder down this very steep and slippery slope.”

Rep. Thomas Massie, R-Ky., voiced opposition to the bill, emphasizing that the U.S. would not tolerate another country dictating that an American company must sell to another entity or face a ban.

“We wouldn’t let another country take over Ford Motor Co. for selling Ford cars in their country. Yet that’s what we’re wanting to do here,” Massie said. “This is a cure that is worse than the disease.”

The day preceding the House vote, senior national security officials in the Biden administration conducted a confidential briefing with lawmakers to discuss TikTok and its implications for national security. Lawmakers are striving to balance these security concerns with a commitment to preserving online free speech.

“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 content or go after any American company,” stated Rep. Mike Gallagher, the bill's author, following the briefing.

TikTok has consistently refuted allegations that it could be leveraged as a tool by the Chinese government. The company maintains that it has never disclosed U.S. user data to Chinese authorities and pledges not to do so if requested. Additionally, as of now, the U.S. government has not presented any evidence demonstrating that TikTok has shared such information with Chinese authorities.

Republican leaders acted swiftly to advance the bill after its introduction last week. A House committee unanimously approved the legislation with a 50-0 vote, despite being inundated with calls from TikTok users urging them to abandon the initiative. Some offices even had to shut off their phones due to the overwhelming volume of calls. Supporters of the bill noted that this effort ultimately backfired.

“(It) provided members a preview of how the platform could be weaponized to inject disinformation into our system,” Gallagher said.

Lawmakers from both parties are eager to address various issues concerning China. The House established a special committee dedicated to China-related matters, while Schumer instructed committee chairs to collaborate with Republicans on a bipartisan China competition bill.

Schumer may face internal pressure from his own party to take action on the TikTok legislation. Following the House vote, Senate Intelligence Committee Chairman Mark Warner declared his intention to “get this bill passed through the Senate and signed into law.”

In a collaborative statement with Sen. Marco Rubio, the leading Republican on the Intelligence panel, Warner emphasized “we are united in our concern about the national security threat posed by TikTok – a platform with enormous power to influence and divide Americans whose parent company ByteDance remains legally required to do the bidding of the Chinese Communist Party.”

Missouri Senator Josh Hawley, a proponent of banning TikTok for the past year, urged action on X following the vote. He emphasized, “NOW is the time to act on TikTok and stop China spying. The Senate should take up this bill immediately.”

Around 30 TikTok influencers and their supporters, who traveled to Capitol Hill, voiced their opposition to the bill on Wednesday. They chanted slogans like "Keep TikTok" ahead of the vote and held signs expressing sentiments such as "TikTok changed my life for the better" and "TikTok helped me grow my business."

Among them was Dan Salinger, a TikTok creator from Sacramento, California, who initially started creating content on the app out of boredom during the COVID-19 pandemic. However, his account, featuring videos about his life and his father's struggle with dementia, has since gained considerable popularity, now boasting 2 million followers, as reported by AP.

“I’m actually appalled for many reasons,” Salinger stated. “The speed with which they’re pushing this bill through does not give enough time for Americans to voice their concerns and opinions.”