Full Hearing: Legislation to Protect American Data and National Security from Foreign Adversaries

Energy & Commerce GOP
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Mar 7, 2024
The Committee on Energy and Commerce is the oldest standing legislative committee (established 1795) in the U.S. House of Representatives and is vested with the broadest jurisdiction of any congressional authorizing committee. The Energy and Commerce Committee is at the forefront of all issues and policies powering America’s economy, including our global competitive edge in energy, technology, and health care. The committee is led by E&C Chair Cathy McMorris Rodgers (R-WA) and E&C Ranking Member Frank Pallone (D-NJ).
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before I recognize myself and ranking
member palone I'd like to address the
unusual circumstances of this hearing
first it is the custom of the committee
and required under the house rules that
a hearing will not commence earlier than
one week after such hearing is announced
however pursuing to Clause 2
g3b of rule 11 of the house rules a
hearing may be begin sooner in one of
two cases either one the chair and
ranking minority member determined that
there is good cause or two the committee
so determines by a majority vote the
good cause
exception in recent history the
committee has invoked the good cause
exception to hold a hearing on short
notice just a few times when holding
hearings at the start of a a new
Congress in these cases Mr plone and I
had a discussion on the matter
colleagues I've remained and stayed true
to our commitment and the good cause
exception has not become regular
practice during my tenure as chair and
it will not become the practice for the
duration following a classified briefing
last week Mr palone and I have
determined that there is a national
security interest and good cause to hold
this hearing on these bills with shorter
notice so that we can maintain regular
order before marking up this important
legislation later
today before we begin opening statements
do you have any initial comments Mr pal
well I just wanted to thank you uh chair
Rogers for your explanation and your
commitment to continue with regular
order as it pertains to the noticing of
committee meeting so thank you okay I
now recognize myself for five minutes
for an opening
statement good morning welcome today oh
that's s that's not where we
are
the Chinese Communist Party pose the
greatest national security threat to the
United States of our time with
applications like Tik Tock these
countries are able to Target
surveil and manipulate
Americans protecting Americans data and
addressing the serious national security
threat posed by the
CCP have been my top priorities all
Congress this committee and others have
been working diligently in a bipartisan
manner to deliver solutions to address
these critical issues today we take
action one year ago this month the CEO
of Tik Tok tested IFI before this
committee to answer for the threat his
company poses to America's national
security during the hearing he was asked
several times if bite dance uses
information it collects from Tik Tock
users to spy on
Americans his response was and I quote I
wouldn't describe it as
spying Tik Tok has repeatedly been
caught lying about its connection to
bite dance as well as the level of
access the CCP has to our data which
they are using to weaponize our freedoms
against
us that ends now Tik tok's access to 170
million American users makes it a
valuable propaganda tool for the CCP to
exploit and use for nefarious purposes
through this access the app is able to
collect nearly EV every data point
imaginable from people's location to
what they search for on their devices to
who they're connecting with and other
forms of sensitive information the app's
trackers are embedded in sites across
the web so even if someone has never
been on Tik Tok their personal
information is at risk of being
collected and
abused Tik tok's parent company bite
dance is currently under investigation
by the US Department of Justice for
surve veiling on American journalist and
that's just one example it gets much
worse while Tik Tok Tik Tok may not may
be the most well-known application
subject to the CCP it is certainly not
the only one others like lemon 8 and cap
cut are also subject to the ccp's
influence through bite dance that is why
today we are discussing legislation that
will prevent apps controlled by Foreign
adversaries from targeting surveilling
and manipulating the American people I
commend members of the select committee
on the Chinese Communist party in
particular chairman Mike Gallagher and
ranking member Raja Chris Chris morthy
for their partnership on this
legislation to address the immediate
threat that bite dance ownership of Tik
Tock poses and I look forward to quickly
advancing this bill to the Full House
this is a targeted approach to prohibit
access to an application owned by a
foreign adversary that poses a a clear
threat to US National Security
additionally we will be discussing
legislation to prevent data Brokers from
sharing American sensitive information
with foreign adversaries and the
companies they control we know that dat
data Brokers sell our sensitive
information to the highest bidder and I
am appreciative of ranking member palone
bringing this legislation forward so
that we may establish clear prohibitions
on the sale of location and health
information to our adversaries this is
an important step in our continued
efforts to establish comprehensive data
privacy in order to effectively crack
down on abuses of our personal
information companies controlled by a
foreign adversary like the CCP will
never Embrace American
values virtues of our society and
culture like freedom of speech human
rights the rule of law a free press and
others our adversaries choose to rule
through fear and control if given the
choice they will always choose the path
for more control more surveillance and
more
manipulation apps like Tick Tock lemon8
and cap cut are spying by Design they
have to it is required by law in China
this foreign interference and
manipulation is not welcome here the
threats posed by Tik Tok are real which
is why today we will be hearing from the
National Intelligence Community about
the threats and how this legislation
will neutralize them I look forward to
our discussion today and I yield to my
colleague ranking member Frank
palone thank you madam chair today the
committee will consider two bills HR
7520 and HR
7521 that are in intended to protect the
public from foreign adversaries big Tech
has transformed the information Super
Highway into a super spreader of harmful
content invasive surveillance practices
and addictive and damaging design
features foreign adversaries understand
this and see access to Americans data
Communications networks devices and
applications as the entry points to
disrupt our daily lives and conduct
Espionage activities and we have seen
too often Bad actors use using
communication tools to launch cyber
attacks they've pushed disinformation
and propaganda campaigns in the United
States in an attempt to undermine our
democracy and gain worldwide influence
and control and this is all a detriment
of our national security interests and
then there are the data brokers who
collect and sell vast amounts of
America's most sensitive personal
information for profit right now there
are no restrictions on who they can sell
this information to it may be about
members of our nation's military and our
children or it may be information about
where we go how we spend our money and
the websites we visit and this
information can be purchased by anyone
including foreign adversary governments
most Americans are unaware that data
Brokers compile dosier about their
interests beliefs actions and movements
and Americans are powerless to stop this
invasion of their privacy while the
answer to this problem is comprehensive
National Data privacy protections I
firmly believe that we must do what we
can now to safeguard Americans personal
data while we work to advance privacy
legislation so I'm pleased that today we
will consider HR 7520 the protecting
Americans data from foreign adversaries
act which chair Rogers and I introduced
this week it will address this National
Security vulnerability by pre preventing
data Brokers from selling sensitive
personal information of Americans to our
foreign adversaries and we will also
consider HR 7521 the protecting
Americans from foreign adversary
controlled applications act introduced
this week by by Representatives Christa
morthy and Gallagher this bill sets
forth a process to incentivize the
divesture of Tik Tock and other
applications from the operation and
control of foreign adversary governments
like the People's Republic of China and
Russia social media companies
effectively are modern-day media
companies and we must treat them that
way this includes examining the foreign
investments in these companies now the
communications act requires the FCC to
undertake such an examination for our
country's tele ision and radio broadcast
licenses Congress placed this
requirement on you on us broadcasters to
protect National Security interests
during wartime to prevent the Airing of
foreign propaganda on our country's
broadcast stations there is no reason
social media companies should be exempt
from the scrutiny given Russia China and
others actions on social media platforms
during our recent elections we know that
while the technology has evolved the
threat is very much the same the
combination of Tik Tock Beijing commun
based ownership and the fact that well
over 170 million Americans use this
application exacerbates as dangerous to
our country and our privacy the laws in
China allow the Chinese Communist party
to compel companies like Tik Tock to
share data with them whether the
companies want to or not and this means
that the CCP has the ability with Tik
Tock to compromise device security
maliciously access Americans data
promote pro-communist propaganda and
undermine American interests so I look
forward to hearing more today from our
intelligence and National Security
Community about how this bill can
bolster their authorities to take action
where it's needed to ensure that our
modern-day media Outlets are not subject
to the influence of countries that see
benefit in the weakening of our country
I have serious National Security
concerns about Tik Tock and I'm
sympathetic to the intent of this
legislation but I want to hear from our
Witnesses before making a final decision
now finally I must express my
disappointment in how Rush this process
has has has been this committee has
worked together on a bipartisan basis on
numerous occasions to advance
legislation that furthers our national
security interests so committee
Democrats would have appreciated more
notice and time to digest the
legislation before before us before it
advances to a markup this afternoon
there are very complex constitutional
concerns implicated by this bill and I
think we all would have benefited a more
for a more thorough process that results
from regular order nevertheless I
appreciate that chair Rogers agreed to
my request to hold this hearing so
members can hear from experts and review
the proposals before jumping to a vote
later today and so with that Madam chair
I yield back the balance of my time
thank you Mr palone I now recognize
myself to offer a motion pursuant to
Clause
2g1 of rule 11 of the rules of the House
of Representatives to recess this
hearing and
reconvene in executive
session because disclosure of matters to
be considered considered would endanger
National Security I move that the
committee do now recess and reconvene in
executive session based on our
determination that
the the disclosure of matters need to be
considered during this hearing would one
endanger National Security and two
compromis sensitive law enforcement
information the the clerk will call the
rule so the motion is before us to uh
recess
pursuant to Clause
2g1 of rule 11 of the house rules clerk
will call the
rule Burgess Burg votes I Burgess votes
i l i l votes I Guthrie Guthrie votes I
Griffith Griffith votes I
bakus bakus votes I bushan I bushan
votes I Hudson I Hudson votes I Walberg
I wallberg votes I Carter I Carter votes
I Duncan dun I Duncan votes I
Palmer Palmer votes I
dun dun votes I
Curtis
letco leco votes I Pence Pence votes I
CAW Joyce
Joyce votes I Armstrong Armstrong votes
I Weber Weber votes I Allen Allan v i
Allen votes I balderson balderson votes
I fure I fure votes I fluger fluger
votes I harsh Barger harburger votes I
Miller Meeks Miller Meeks votes I
kamik I kamik votes I
oberti overaly votes I
palone palone votes I ESU ASU votes I
DEET deette votes I
chikowski chikowski votes I
Matsui Matsui votes I Caster Caster
votes I
sarbanes sarbanes votes I
tonko tonko votes I Clark
cardinus Ruiz Ruiz votes I Peters Peters
votes I Dingle Dingle votes I vzy vzy
votes I kuster kuster votes I
Kelly
Bagon blood
Rochester stto I Soto votes I Craig
shrier shrier votes I
Tran
Fletcher Fletcher votes I chair
Rogers chair Rogers votes
I Miss Kelly is not
recorded Kelly votes
I
clerk will report the
result chair Rogers on that vote we have
43 eyes and zero nose motion is agreed
to we will now recess and will reconvene
in a classified executive session in
2123 Rayburn ask the members to move to
our secure location check in their
electronic devices we will reconvene in
approximately 15 minutes to continue the
hearing and take the witness testimony
there the committee stands in
recess
