The House Foreign Affairs Committee advanced legislation Tuesday that could ban TikTok in the United States on national security grounds because of its ties to China, the most serious threat yet to the social media platform.
The committee approved legislation that would make it easier to ban the China-owned app and allow regulators to crack down on China-related economic activities. The bill was introduced by Chairman Michael McCaul on Friday and fast-tracked for a vote alongside several other China-related bills.
The bill, titled Deterring America's Technological Adversaries Act, explicitly named TikTok and its parent company, ByteDance, and would have President Joe Biden impose penalties on the company if the administration can determine that the company has knowingly transferred a user's data to "any foreign person" working with the Chinese government.
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China would also be sanctioned if the White House were to determine that the company had helped China or the Chinese Communist Party engage in surveillance, hacking, censorship, or espionage. Sanctions could also be implemented if TikTok or another company was found to help the Chinese government influence elections or manipulate U.S. lawmaking.
While China hawks have pushed for similar restrictions on China and TikTok, some have attacked the legislation for its effects on trade and speech. The bill, the DATA Act, would change the Berman Amendment of the International Emergency Economic Powers Act in a manner that would affect speech across borders. The Berman Amendment currently prohibits the U.S. government from restricting the trade of "informational materials" with foreign countries. This rule is one of the main roadblocks standing in the way of the enactment of a national TikTok ban.
The company faces increased pressure from lawmakers, including multiple proposed bills to ban the app from operating within the United States. Several liberal lawmakers have pushed for these bills in recent days, including Sen. Angus King (I-ME), Sen. Michael Bennet (D-CO), and Intelligence Committee Chairman Mark Warner (D-VA). Previously, Republicans had been more skeptical of TikTok.
TikTok is operated out of China, which places it under the power of the Chinese Communist Party. If the CCP wished, it could use Chinese national security laws to force ByteDance to provide access to its user data. The company claims that they have circumvented this law by storing all U.S. data on servers in Texas, but it has not stopped others from accusing the company of espionage.
Congress has already passed a ban on installing TikTok on government devices. The White House told government agencies they had 30 days to remove the app from all relevant devices.
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TikTok CEO Shou Zi Chew is set to speak before the House Energy and Commerce Committee on March 23.