Sanctions on fentanyl traffickers and certain Iranian leaders, alongside mandating the sale of TikTok?

This bill has Passed the House of Representatives
Bill Summary

H.R. 8038 is a package of legislation regarding various foreign relations matters. The Act mandates sanctions on foreign individuals and states for actions such as trafficking fentanyl and captagon and using civilians as human shields in war. H.R. 8038 also sanctions certain Iranian leaders, and Iranian oil and gas exports and mandates sanctions of states who support Hamas, Palestinian Islamic Jihad, or Iran. The Act also allows the President to seize certain Russian assets to fund recompensation and reconstruction efforts for Ukraine. H.R. 8038 also forces Bytedance to sell TikTok to an American-owned business or face potential bans. Sponsor: Rep. Michael McCaul (Republican, Texas, District 10)
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Opponents say

•      "This bill is a collection of several minor bills I support, including greater reporting of Fentanyl traffic and Iranian human rights violations, and tightened sanctions on Iranian oil and weapons exports.  But it also includes two major provisions that I cannot support.  One is the ban on TikTok, which I believe is an unconstitutional violation of the First Amendment.  The other is the REPO act, that would seize sovereign Russian assets.  This would be an unprecedented peacetime act and runs a high risk of discouraging foreign investments in the United States, particularly U.S. Treasury notes.  These provisions set very dangerous precedents." Source: Rep. Tom McClintock (Republican, California, District 5)


•      "The American Civil Liberties Union strongly urges you to vote “NO” on H.R. 8038, the 21st Century Peace through Strength Act. This bill contains provisions from two bills that the House considered earlier this year. The ACLU opposed what is now Division D of H.R. 8038, when it was before the House as H.R. 7521, the Protecting Americans from Foreign Adversary Controlled Applications Act. Although the timeframe given to divest TikTok and other apps has been extended, it still unconstitutionally infringes on First Amendment rights of more than 170 million Americans who rely on TikTok to receive or express speech on a truly endless array of issues. The ACLU also raised serious concerns about what is now Division E of H.R. 8038, when it was before the House as H.R. 7520, the Protecting Americans’ Data from Foreign Adversaries Act of 2024. While we earlier called for a narrowing of what is now Division E’s scope, so that it would not extend past data brokers to implicate journalists, whistleblowers, and others, no such changes were made. Thus, the ACLU now opposes this portion of the bill because it could obstruct reporting of information that is protected under the First Amendment, and that is considered of value to the American public." Source: Statement from American Civil Liberties Union (ACLU)


•      "Over the weekend, the House voted on a slate of foreign aid bills, one of which contained a new version of the ‘TikTok ban’ as it is commonly referred to. All measures passed. On its face, this prohibits app stores from making applications available that are ‘controlled by foreign adversaries.’ In reality, this is not only aimed at TikTok’s parent ByteDance but all foreign companies who may run afoul of the whims and fancies of the American political class. On one level, this bill will chill foreign investment in America and threaten our standing as the world’s leader in innovation. On another level, it substantively harms small businesses in America that use TikTok and other social media applications to reach customers. Indeed, millions of Americans use TikTok to grow their businesses to the tune of billions of dollars each year. Worse yet, 170 million Americans express themselves on the social media platform, making this bill the most egregious assault on our First Amendment rights, ever." Source: Adam Brandon (President, FreedomWorks)

Proponents say

•     "National security experts are sounding the alarm, warning that our foreign adversaries are using every tool at their disposal, including apps like TikTok, to amass troves of sensitive data on all Americans. Information that we know can be weaponized to launch sophisticated influence campaigns, conduct espionage, undermine Americans’ privacy expectations, and otherwise impair our nation’s interests. This bill takes decisive action to mitigate our foreign adversaries’ ability to collect Americans’ data and use it against us. [...]The laws in China allow the CCP to compel companies, like TikTok, to share data with them whether the companies want to or not. We simply cannot allow this to continue. Second, this bill includes my bipartisan Protecting Americans’ Data from Foreign Adversaries Act. This bill prohibits data brokers from selling Americans’ sensitive personal information to China, Russia, North Korea, and Iran, as well as to entities controlled by those countries. [...] The Office of the Director of National Intelligence has concluded that commercially available data provides foreign adversaries with a valuable stream of intelligence, rivaling the effectiveness of sophisticated surveillance techniques. This bill closes down another avenue used by foreign adversaries to surveil Americans and undermine our interests." Source: Rep. Frank Pallone Jr. (Democrat, New Jersey, District 6)


•      "In order to truly confront the generational threat posed by the unholy alliance of Russia, China, and Iran, we need to make substantive policy changes in addition to providing critical security assistance to our partners and investing in our defense industrial base. I’m proud the ’21st Century Peace through Strength Act’ includes the most comprehensive sanctions against Iran Congress has passed in years; the bipartisan, bicameral REPO Act; and protects Americans from the malign influence of the CCP-controlled TikTok. The time to pass this is now – we cannot wait anymore." Source: Rep. Michael McCaul (Republican, Texas, District 10) 


•      "As the first Governor in the country to ban TikTok on state devices, I’ve long known of the major national security threats posed by the Chinese Communist Party’s ownership of TikTok. We should not allow the CCP to have access to influence over 150 million Americans. This bill ends the CCP’s ownership and operation of TikTok in the United States while allowing users and creators to keep using the app under a new owner. Following Iran’s direct and unprecedented attack on Israel, I also appreciate Congress took swift action to sanction Iran harshly and ensure Israel has what it needs to defend itself." Source: Sen. Peter Ricketts (Republican, Nebraska)