Smucker Supports Protecting Americans from Foreign Adversary Controlled Applications Act

Washington-Rep. Lloyd Smucker (PA-11) voted in favor of H.R. 7521, the Protecting Americans from Foreign Adversary Controlled Applications Act, and released the following statement:

"There is no doubt that the Chinese Communist Party (CCP) seeks to influence and negatively impact America's national security and economy. This legislation will protect the American people from the CCP and foreign adversaries who seek to harm, manipulate, or control the American people through the use of applications like TikTok, which collects and provides data on users to bad actors.

This legislation is not a ban, it simply protects the American people from companies which are owned or controlled by nations which pose a national security threat, like China, Russia, or Iran. I hope the Senate considers this legislation without delay," said Rep. Lloyd Smucker (PA-11).

Below is a fact check to common claims about H.R. 7521, courtesy of the House Committee on Energy and Commerce:

Claim: H.R. 7521 bans TikTok in the United States. Rating: FALSE.

As long as TikTok divests from its parent company ByteDance, which is beholden to the Chinese Communist Party (CCP), TikTok can continue to operate in the United States without interruption. TikTok can choose to protect their American users, or they can side with the CCP. The choice to end Americans use of its platform is strictly TikTok's.

Claim: H.R. 7521 is unconstitutional and violates the First Amendment. Rating: FALSE.

The bill does not regulate speech. It is focused entirely on the ownership of an electronic application by a foreign adversary country-not the content of speech it hosts. The bill provides a clear path for TikTok to continue its operations as long as it resolves the national security risks posed by its ownership structure.

Claim: TikTok is not controlled by the Chinese Communist Party. Rating: FALSE.

The People's Republic of China (PRC) National Intelligence Law of 2017 requires PRC individuals and entities to support PRC intelligence services. Beijing Bytedance Technology is a Chinese internet technology company headquartered in Beijing. It is operating in the United States through a holding company, Bytedance Ltd, which is the parent company of TikTok. TikTok was used to spy on American journalists and surveil American user data. Internal TikTok recordings revealed, "everything is seen in China." Former TikTok employees have attested ByteDance is closely involved in the company's decision-making and product development.

Claim: TikTok is no different than any other social media app. Rating: FALSE.

TikTok is controlled by the Chinese Communist Party through its parent company, ByteDance. A recent Office of the Director of National Intelligence (ODNI) reportshowed that the CCP was using TikTok to target political candidates and influence the 2022 election cycle. Internal TikTok recordings have revealed "everything is seen in China" and the CCP "maintained supreme access" to TikTok's data. If nations that want to undermine America can access and manipulate Americans' data through a specific app, that poses a unique threat and requires a narrow and targeted response.

Claim: This will allow the President to prohibit any app for any reason. Rating: FALSE.

This bill DOES NOT empower the Executive Branch to define "foreign adversary" and prohibit any apps owned by its own definition of "foreign adversary." The bill defines a foreign adversary-controlled application as subject to the control of China, Russia, Iran, or North Korea. Only Congress can change the definition used in this bill. This is not a blank check for the Biden administration, or future administrations, to restrict whatever apps it wants.

Claim: H.R. 7521 applies to all social media companies or websites. Rating: FALSE.

The bill does NOT apply to all websites. It only applies to applications and websites controlled by a foreign adversary-China, Russia, Iran, North Korea-that pose a clear national security threat.

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