Will Congress ban TikTok? Legislation on the app picks up momentum

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WASHINGTON – TikTok’s day of reckoning in Congress is fast approaching.

The House has included a version of its plan to force TikTok’s Chinese parent company to sell the social media platform or face an effective ban in the U.S. in a foreign aid bill sailing toward passage in both the House and Senate. President Joe Biden has already said he would sign it into law immediately.

The move effectively forces the Senate – which has been sitting on the House’s original bill for a month – to consider legislation that would have implications for 170 million Americans.

If you’re an active user of the mega-popular video app, here’s what you need to know about where the TikTok bill stands now.

Is the TikTok bill gaining momentum in Congress?

The odds that the effective TikTok ban is passed are high: Most senators say they’re convinced TikTok’s parent company, ByteDance, poses a national security threat. TikTok critics argue the app is being used for propaganda and that American data could be accessed by the Chinese government.

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The legislation has already passed the House 352-65, a wide bipartisan margin, and does not have significant opposition in that chamber. Now that the push is being wrapped into a pivotal foreign aid package, its chances in the Senate have skyrocketed.

However, the social media platform has pushed back against lawmakers. TikTok has argued that the Chinese government cannot access U.S. user data and has derided the legislation as an outright ban.

“It is unfortunate that the House of Representatives is using the cover of important foreign and humanitarian assistance to once again jam through a ban bill that would trample the free speech rights of 170 million Americans, devastate 7 million businesses, and shutter a platform that contributes $24 billion to the U.S. economy, annually,” the company posted on X Wednesday evening.

The company launched an intense lobbying campaign over the last month as the Senate considered the legislation. It organized influencers to come to Capitol Hill to protest the bill, and TikTok CEO Shou Zi Chew visited the Capitol to meet with senators. The app also prompted users to call Congress, leading to an influx of calls that frustrated many officials.

Who supports the TikTok bill?

Lawmakers in the House and Senate are in wide agreement that the legislation should become law.

Commerce Committee Chair Sen. Maria Cantwell, D-Wash., emerged as the upper chamber’s bottleneck, as Senate Majority Leader Chuck Schumer, D-N.Y., said he would leave it up to her and Intelligence Committee Chair Sen. Mark Warner, D-Va., to determine next steps after the House passed its original bill targeting the app.

Cantwell and others raised concerns that the legislation could face legal challenges because it targets a specific company, and said they wanted to hold hearings to consider other options. Some, like Sen. Elizabeth Warren, D-Mass., said the chamber should consider regulations on all leading social media platforms, regardless of ownership.

But the new version that will be included in the House foreign aid package would give ByteDance more time to sell the app, increasing the timeline from six months to nine months, and allowing the president to extend that deadline by another 90 days.

Cantwell released a statement Wednesday night saying she made that recommendation to the House and that she is “very happy” it was included.

“As I’ve said, extending the divestment period is necessary to ensure there is enough time for a new buyer to get a deal done. I support this updated legislation.”

Only Sen. Rand Paul, R-Ky., remains vocally opposed to the TikTok legislation, which he argues would unconstitutionally restrict Americans’ free speech and could impact small business owners on the platform.

So will the TikTok bill pass?

The legislation is set to be bundled with others that have proven even more controversial: $95 billion of dollars in aid to Ukraine, Israel and Taiwan. The Senate passed funding for all three earlier this year, but the House Republican caucus is divided over sending additional aid to Ukraine. Some right-wing lawmakers argue the U.S. has done enough to help the country as it fights Russia’s invasion.

Democrats, too, face internal divisions over sending more aid to Israel, with progressive lawmakers calling for more humanitarian assistance to Gaza and the end of offensive weapons transfers to Israel.

House Speaker Mike Johnson, R-La., announced earlier this week that the lower chamber would take a vote on each of the three foreign aid bills separately, along with a fourth bill that includes the TikTok legislation and a bill to seize Russian assets and send them to Ukraine.

Whatever gets a majority vote on the House floor will be sent to the Senate in a single bill. Leadership in the Senate and Biden have supported the strategy because it “mirrors” foreign aid legislation the Senate already passed.

Congress’ attitude toward TikTok – in some cases informed by closed-door briefings with intelligence officials – contrasts with those of the public, who are split on the need for TikTok regulation. A Pew Research poll from December indicated 38% supported a TikTok ban and 27% opposed one, down from 50% support in March last year.

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