Senators slam 'delay tactic' on TikTok bill despite 'national security issue'

"Just put a sign right there on the door that says 'Property of Big Tech,'" says Sen. Josh Hawley

Several senators criticized what they characterized as a delay in the House-passed TikTok bill in the upper chamber as a pressing "national security concern" lingers. 

Sen. Josh Hawley, R-Mo., told Fox News Digital the bipartisan bill to force the app to divest from Chinese company ByteDance or be banned in the U.S. is "100%" being delayed in the Senate.

The Protecting Americans from Foreign Adversary Controlled Applications Act, introduced in the House by representatives Mike Gallagher, R-Wis., and Raja Krishnamoorthi, D-Ill., passed by a bipartisan vote of 352-65, with one member abstaining. 

The motive is to "kill it" in the Senate, Hawley said. 

Sen. Maria Cantwell, TikTok, Sen. Chuck Schumer split image

Sen. Maria Cantwell, left, and Sen. Chuck Schumer, right (Getty Images / Getty Images)

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He further claimed TikTok and China were responsible for the legislation being referred to the Senate Commerce Committee and Chairwoman Maria Cantwell, D-Wash., signaling her interest in various markups and potential public hearings, which would draw out the process for getting the measure to the Senate floor. 

"As I said before, they should just make this simple. Just put a sign right there on the door that says ‘Property of Big Tech,’" Hawley remarked. 

After a quick and bipartisan passage in the House, the TikTok bill was referred to the Commerce Committee rather than being fast-tracked in the upper chamber as well. 

When Cantwell was asked about the bill this week, she said, "We’re going through a process."

cantwell and cruz

Cantwell is the chairwoman of the Commerce Committee, where the TikTok bill was referred. (Stefani Reynolds/AFP via Getty Images / Getty Images)

"Obviously, two committees have been very involved — Commerce because of the oversight of information and data collection and all that and then the Intelligence Committee. So, the next steps might be something more public, [like a] hearing by the two committees in a joint way," Cantwell added, noting she may consult Mark Warner, D-Va., chairman of the Intelligence Committee, about the possibility. 

Cantwell has notably contrasted with some of her colleagues who have sounded the alarm on the Beijing-tied app and expressed less urgency in addressing the issue. Some of Cantwell's former top aides are now lobbying on behalf of the app, presenting what could be considered a conflict of interest, The Washington Free Beacon reported Friday.

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TikTok has pioneered an urgent effort to prevent the Senate from moving the House's bill forward, which has included frequent meetings on Capitol Hill between CEO Shou Chew and senators and sending notifications directly to the phones of its millions of users. After these notifications were utilized by the app to mobilize its users, senators reported receiving various disturbing calls and threats. 

Ted Cruz, R-Texas, ranking member of the Commerce Committee, hasn't expressed concern over the bill being referred for a markup. Cruz has long been a proponent of returning to procedure for legislation and not forcing items through the chamber. 

Senator Ted Cruz, R-Texas

Cruz has expressed concern over TikTok but also wants to see Congress return to considering legislation through regular order.  (Tom Williams/CQ-Roll Call, Inc via Getty Images / Getty Images)

Cruz expressed concern over some of the language in the House's bill while speaking with Fox News Digital. 

"That's what the committee process is for," Cruz said. The Texas senator was not dismayed by the idea of hearings, saying he hopes they are held. 

But, according to Sen. Shelley Moore Capito, R-W.Va., Cantwell's suggestion of an extended committee procedure for the bill is "definitely a delay tactic."

"I think probably the vast majority of us would like to see it come" to the floor for a vote, she said. 

Warner told Fox News Digital drawing out the committee process "would not make sense" because TikTok's threat "is a national security issue."

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"I wouldn't accept the premise that there's a default to a long process," he said. 

Spokespeople for the chairwoman and ranking member of the Commerce Committee did not provide comment when contacted by Fox News Digital. 

On Wednesday, senators were briefed on the national security implications regarding TikTok. Warner noted that his colleagues on both sides of the aisle shared a "virtually unanimous opinion coming out of the hearing yesterday, the classified briefing, that it's a national security issue."

Sen. Mark Warner

Warner said TikTok presents a national security issue.  (REUTERS/Kevin Lamarque/File Photo / Reuters Photos)

Hawley said the House bill should be considered, and that if his colleagues have concerns, they should "put it on the floor, have an amendment process. We could debate it."

Instead, he noted, it was referred to committee, "which is how you kill it." 

Discussing the bill's trajectory, Sen. Thom Tillis, R-N.C., whose office reported receiving a threat regarding the TikTok legislation, said, "People have sort of situational positions here. So, yeah, they want regular order. Other times they want expedited procedures."

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He added that "unless someone can point to any serious flaws in the legislation," he isn't sure what would rationalize delaying the bill. 

However, Tillis stopped short of saying any delays were intentional. 

"I think we've got an entire staff dedicated to slowing things down here," he joked. "I think it's just standard operating procedure."

While some speculated ill intent, the bill's House sponsor, Gallagher, told Fox News Digital he is "cautiously optimistic" about his legislation. He claimed the overwhelming support in the lower chamber made it "impossible for the Senate to ignore it completely."

Raja Krishnamoorthi Mike Gallagher CCP Hearing

Gallagher said he's "cautiously optimistic" about the bill's fate in the Senate. (Tom Williams/CQ-Roll Call, Inc via Getty Images / Getty Images)

Sen. Kirsten Gillibrand, D-N.Y., who has stressed her concern over TikTok, said she doesn't believe the measure is being delayed. 

"I think changing ownership might take time anyway. So, it's not a time of the essence issue," she told Fox News Digital. 

Sen. Richard Blumenthal, D-Conn., defended the likelihood of hearings for the bill, explaining, "hearings are routinely held."

"It so happens this bill sailed through the House and in a matter of a week or so without any hearings, as normally would be expected and even potentially required," he added. 

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Sen. Mike Braun, R-Ind., additionally suggested Majority Leader Chuck Schumer, D-N.Y., is not acting with urgency to take action on the TikTok issue because of "some hesitation for them politically of what that might mean for the Democrats." 

Schumer's office did not provide comment when contacted by Fox News Digital.