WASHINGTON, March 5 (Reuters) - A bipartisan group of
U.S. lawmakers introduced legislation on Tuesday to give China's
ByteDance about six months to divest popular short video app
TikTok or face a U.S. ban, seeking to tackle national security
concerns about its Chinese ownership.
The bill is the first significant legislative move in nearly
a year toward banning or forcing ByteDance to divest the popular
app, after senate legislation to ban it stalled in Congress last
year in the face of heavy lobbying by TikTok.
Mike Gallagher, the Republican chair of the House of
Representatives' select China committee and Representative Raja
Krishnamoorthi, the top Democrat, are among more than a dozen
lawmakers introducing the measure, which is expected to see an
initial vote on Thursday.
"This is my message to TikTok: break up with the Chinese
Communist Party or lose access to your American users,"
Gallagher said. "America's foremost adversary has no business
controlling a dominant media platform in the United States."
The bill would give ByteDance 165 days to divest TikTok,
which is used by more than 170 million Americans, or make it
unlawful for app stores run by Apple ( AAPL ), Google
and others to offer TikTok or provide web hosting services to
apps controlled by ByteDance.
The bill would not authorize any enforcement against
individual users of an affected app, however.
"This bill is an outright ban of TikTok, no matter how much
the authors try to disguise it," a company spokesperson said on
Tuesday.
"This legislation will trample the First Amendment rights of
170 million Americans and deprive 5 million small businesses of
a platform they rely on to grow and create jobs."
A White House National Security Council spokesperson called
the bill "an important and welcome step" adding that the Biden
administration would work with Congress "to further strengthen
this legislation and put it on the strongest possible legal
footing."
The administration has worked with lawmakers from both
parties to counter threats of tech services operating in the
United States that pose risks to Americans' sensitive data and
broader national security, the official added.
TikTok says it has not, and would not, share U.S. user data
with the Chinese government.
The American Civil Liberties Union called the bill
unconstitutional, saying lawmakers were "once again attempting
to trade our First Amendment rights for cheap political points
during an election year."
The bill, which would required companion legislation in the
Senate, will be considered at an Energy and Commerce Committee
hearing on Thursday for a vote.
Rep. Cathy McMorris Rodgers, who chairs that committee, said
the bill would "prevent foreign adversaries, such as China, from
surveilling and manipulating the American people" via online
applications such as TikTok.
Still, the popularity of the app could make it tough to get
legislation approved in an election year. Last month, Democratic
President Joe Biden's re-election campaign joined TikTok.
The bill would give the president new powers to designate
apps of concern posing national security risks and subject them
to the risk of bans or curbs unless ownership was divested.
It would cover apps with more than a million annual active
users and under control of a foreign adversary entity, the bill
says.
Concerns about Chinese-owned TikTok sparked efforts in
Congress last year to tackle the risks from the short video
sharing app or potentially ban it. Late in 2022, Congress barred
federal employees from using it on government devices.
Last year the administration backed legislation sponsored by
Senator Mark Warner and more than two dozen senators to give it
new powers to ban TikTok and other foreign-based technologies if
they pose national security threats.
That bill has never been voted on.
The U.S. Treasury-led Committee on Foreign Investment in the
United States (CFIUS) in March 2023 demanded that TikTok's
Chinese owners sell their shares, or face the possibility of the
app being banned, Reuters and other news providers reported, but
the administration has taken no action.
The new bill aims at bolstering the legal authority to
address TikTok concerns. U.S. courts blocked an effort by
previous President Donald Trump to ban TikTok in 2020.
Late in November, a U.S. judge blocked Montana's
first-of-its kind state ban on TikTok, saying it violated users'
free speech rights.