[Congressional Record Volume 166, Number 140 (Thursday, August 6, 2020)]
[Senate]
[Pages S5236-S5237]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NO TIKTOK ON GOVERNMENT DEVICES ACT
Mr. HAWLEY. Madam President, I would like to make a few brief remarks
today about TikTok, an app that has dominated the news in recent weeks
and has dominated the internet in recent years.
As most of you know, TikTok is used to create short music videos, and
it has grown to be one of the most popular apps in America. More than
80 million Americans now have TikTok on their personal phones. It might
be easy just to assume that this app is harmless--music videos,
diverting fun--but, let me assure you, the security concerns
surrounding TikTok are real and not lighthearted in the least.
TikTok is currently a major security risk, both to our data security
and to our national security. ByteDance, which is TikTok's parent
corporation, is based in Beijing, and we all know that Chinese
corporations and the Chinese Communist Party are, in many ways, the
same thing. In fact, China's national intelligence law requires it to
be so.
ByteDance, as a Chinese company, is obligated to collaborate with
Chinese intelligence services, including by sharing data. In fact, all
of the data that TikTok and ByteDance collect--and they collect a lot
of data--can be routed at a moment's notice to the Chinese Communist
Party.
TikTok is a uniquely intrusive application. The company openly admits
that it tracks users' locations, it tracks users' keystroke patterns,
it tracks the filenames on users' devices. TikTok essentially claims
the right to peer straight through our phones into our lives.
I could go on. TikTok has censored content critical of China's
treatment of Uighur Muslims and has violated the Children's Online
Privacy Protection Act.
Now, in light of all this, in light of all we know, it is unthinkable
to me that we should continue to permit Federal employees--those
workers entrusted with sensitive government data--to access this app on
their work phones and computers. Not only is it inappropriate; it is
irresponsible. This app represents a clear and present security risk at
a time when we need to be clear-eyed about the threat from the Chinese
Communist Party.
That is why I introduced legislation to remove TikTok from
government-owned phones and devices. Now, this is just common sense,
and it follows steps that the Pentagon has started to take on its own,
but we badly need a uniform standard that can apply across all Federal
agencies and government organizations.
Now, over the last few days we have heard a lot about a potential
acquisition or sale of TikTok in the United States, but no one can say
yet what will come of those talks. Deals fall through all the time, and
TikTok is a threat to the security of Federal devices right now. Every
day we wait is a day ByteDance can collect more information on and
about Americans. Today is the day to take action.
Even if TikTok ends up being sold eventually, it will be the
responsibility of this body, the responsibility of all of us, to make
sure that no trace of Beijing's influence remains--none at all.
I would like to thank my colleagues for their support, and I
particularly want to thank Senator Rick Scott, who has been my partner
on this effort from the very beginning. It is always a privilege to
work with and collaborate with Senator Scott, as we have on so many
areas, and he has been, as I said, at the forefront of this effort from
the very beginning. He is here today, and I would like to yield to him
now to make a few remarks.
The PRESIDING OFFICER. The Senator from Florida.
Mr. SCOTT of Florida. Madam President, first I want to thank my
colleague from Missouri. We got here at the same time, and both of us
saw the dangers of Communist China, the dangers of the Communist Party
of China, and the dangers of the General Secretary of the Communist
Party, Xi.
We have watched a million Uighurs get put into prison just for their
religion. We have watched American companies have their technology
stolen. We have watched as American jobs have been stolen. One of the
goals that both of us had when we came up here was to stop this.
We had the opportunity last year to visit the protesters in Hong
Kong, and we got to hear from them firsthand their concern about what
Communist China would be doing to take away their basic rights, rights
granted to them in the turnover from Great Britain to China, on paper.
But, as we know, the Communist Party and the General Secretary of the
Communist Party don't care about any of these things.
We have watched the Communist Party use drones for surveillance. We
have watched, as my colleague has said, TikTok become a worldwide
phenomenon. It is an opportunity for the Communist Party of China to
surveil all of our citizens, whatever of our citizens are using it.
So I want to thank my colleague for his effort in this regard--not
just this but all of his efforts to hold Communist China accountable.
There is a lot of work to do. As we know, this pandemic was much worse
because of the actions of the Communist Party of China.
So this is a commonsense thing to do. We should not have TikTok on
Federal Government phones. This is a good first step, but there is a
lot more to do to continue to hold Communist China accountable and to
make sure we all, as Americans, understand that we are now in a cold
war. This is not a cold war that America started. This is a cold war
that the Communist Party of China started, led by the General Secretary
of the Communist Party, Xi, and we are going to have to continue every
day to focus on how we prevent them from surveilling us.
Another thing Americans can do besides making sure you are not using
TikTok is making sure you are buying American products and don't buy
products from Communist China.
You will do more to hold them accountable. The more we can do things
like that, it will change the dynamics, and, hopefully, maybe
eventually Communist China will come to their senses and stop being an
adversary and eventually be merely a competitor.
I yield back to my colleague from Missouri.
The PRESIDING OFFICER. The Senator from Missouri.
Mr. HAWLEY. Again, I thank Senator Scott for his work on this effort,
his leadership on this effort, and his leadership across the board when
it comes to standing up to Communist China--the Chinese Communist
Party.
I also want to thank my friends Senator Cotton, Senator Ernst,
Senator Kennedy, Senator McSally, and all other Senators who have
backed this legislation, along with Congressman Ken Buck, who has led
this effort in the House.
Just 2 weeks ago, this legislation passed unanimously out of the
Homeland Security and Governmental Affairs Committee. I also want to
thank my colleagues there, especially Chairman Johnson, who has been a
champion on this effort and has worked hard in the last couple of weeks
to make sure we can bring this bill to the floor.
I am encouraged by the bipartisan support we have seen in this body
to hold the Chinese Communist Party accountable, and that includes, by
the way, holding accountable those corporations that would just do
China's bidding. If I have anything to say about it, we will not be
stopping here.
Madam President, as in legislative session, I ask unanimous consent
that the Senate proceed to the immediate consideration of Calendar No.
507, S. 3455.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 3455) to prohibit certain individuals from
downloading or using TikTok on any device issued by the
United States or a government corporation.
[[Page S5237]]
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Homeland Security and
Governmental Affairs, with an amendment to strike all after the
enacting clause and insert in lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No TikTok on Government
Devices Act''.
SEC. 2. PROHIBITION ON THE USE OF TIKTOK.
(a) Definitions.--In this section--
(1) the term ``covered application'' means the social
networking service TikTok or any successor application or
service developed or provided by ByteDance Limited or an
entity owned by ByteDance Limited;
(2) the term ``executive agency'' has the meaning given
that term in section 133 of title 41, United States Code; and
(3) the term ``information technology'' has the meaning
given that term in section 11101 of title 40, United States
Code.
(b) Prohibition on the Use of TikTok.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget, in consultation with the Administrator
of General Services, the Director of the Cybersecurity and
Infrastructure Security Agency, the Director of National
Intelligence, and the Secretary of Defense, and consistent
with the information security requirements under subchapter
II of chapter 35 of title 44, United States Code, shall
develop standards and guidelines for executive agencies
requiring the removal of any covered application from
information technology.
(2) National security and research exceptions.--The
standards and guidelines developed under paragraph (1) shall
include--
(A) exceptions for law enforcement activities, national
security interests and activities, and security researchers;
and
(B) for any authorized use of a covered application under
an exception, requirements for agencies to develop and
document risk mitigation actions for such use.
Mr. HAWLEY. I ask unanimous consent that the committee-reported
substitute amendment be agreed to; that the bill, as amended, be
considered read and passed; and that the motion to reconsider be
considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
agreed to.
The bill (S. 3455), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
Mr. HAWLEY. I yield the floor.
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