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WASHINGTON — The U.S. House Foreign Affairs Committee plans to take up legislation Tuesday that would give President Joe Biden the authority to ban TikTok, the Chinese social media app used by more than 100 million Americans.

The panel is scheduled to vote on a series of China-related bills Tuesday afternoon, including one that would revise the longstanding protections that have shielded distributors of foreign creative content like TikTok from U.S. sanctions for decades. Introduced last Friday, H.R. 1153 is expected to pass the committee on Tuesday.

The bill that could ultimately ensnare TikTok, owned by China’s ByteDance, only has one sponsor, the committee’s newly seated Republican chairman, Texas Rep. Mike McCaul.

Typically, a bill this new, with only one sponsor, would not move to committee votes just days after it was introduced. But the choice of which bills will advance through a committee is made by each committee’s chairman, so McCaul’s sponsorship is effectively all the bill needs.

If the measure is approved by a majority of the committee members and referred to the full House for a vote, as expected, H.R. 1153 will effectively leap frog several other proposals to ban TikTok that were previously introduced in the House and Senate, but haven’t yet advanced through the committee process.

After that, McCaul’s bill would likely pass the Republican-controlled House easily. But its fate in the Democratic majority Senate is unclear.

Despite the bitter divisions between the two parties on nearly every major issue, there is one thing both Democrats and Republicans overwhelmingly support: proactive measures to stem China’s growing global influence. And H.R. 1153 could do that.

In practical terms, the bill would revise a group of rules known as the Berman amendments that were first enacted near the end of the Cold War, intended to shield “informational materials” like books and magazines from sanctions-related import and export bans.

Over time, however, the Berman amendments were expanded into a broad rule that courts interpreted as prohibiting the government from using sanctions powers to block trade in any informational materials, including digital content, to or from a foreign country.

In 2020, TikTok argued successfully in court that it was covered by the Berman amendments exemption when it beat back attempts by the Trump administration to ban its distribution by Apple and Google app stores.

McCaul told CNBC his bill would change this. “Currently the courts have questioned the administration’s authority to sanction TikTok. My bill empowers the administration to ban TikTok or any software applications that threaten U.S. national security,” McCaul said in a statement Monday.

Under McCaul’s bill, the Berman amendments exemptions that have protected TikTok in the past would no longer apply to companies that engage in the transfer of the “sensitive personal data” of Americans to entities or individuals based in, or controlled by, China.

On first reading, McCaul’s legislation appears to be broader than some of the other TikTok bills that have been introduced so far.

Critics and TikTok lobbyists have argued that those prior bills amounted to punishing the company for a crime outside the legal system. They also argue that any ban is tantamount to censorship of content protected by the First Amendment.

“It would be unfortunate if the House Foreign Affairs Committee were to censor millions of Americans,” TikTok spokeswoman Brooke Oberwetter told CNBC in an email Monday.

TikTok is no stranger to rough political waters, having been in the crosshairs of U.S. lawmakers since former President Donald Trump declared his intention to ban the app by executive action in 2020.

At the time, ByteDance was looking to potentially spin off TikTok to keep the app from being shut down.

In September 2020, Trump said he would approve an arrangement for TikTok to work with Oracle on a cloud deal and Walmart on a commercial partnership to keep it alive.

Those deals never materialized, however, and two months later Trump was defeated by Biden in the 2020 presidential election.

The Biden administration kept up the pressure. While Biden quickly revoked the executive orders banning TikTok, he replaced them with his own, setting out more of a road map for how the government should evaluate the risks of an app connected to foreign adversaries.

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TikTok has continued to engage with the Committee on Foreign Investment in the U.S., which is under the Treasury Department. CFIUS, which evaluates risks associated with foreign investment deals, is scrutinizing ByteDance’s purchase of Musical.ly, which was announced in 2017.

The CFIUS review has reportedly stalled, but TikTok spokeswoman Oberwetter said the company still favors the deal.

“The swiftest and most thorough way to address national security concerns is for CFIUS to adopt the proposed agreement that we worked with them on for nearly two years,” she told CNBC on Monday.

In the meantime, government officials from the FBI and the Department of Justice have publicly warned about the dangers of using the app, and many states have imposed bans of their own.

On Monday, the Biden administration released new implementation rules for a TikTok ban that applies only to federal government-owned devices, which was passed by Congress in December.

Earlier this month, Sens. Richard Blumenthal, D-Conn., chair of the Senate Judiciary subcommittee on privacy, and Jerry Moran, R-Kan., a member of the Senate Select Committee on Intelligence, said in a letter that CFIUS should “swiftly conclude its investigation and impose strict structural restrictions between TikTok’s American operations and its Chinese parent company, ByteDance, including potentially separating the companies.”

But while the executive branch scrutinizes TikTok through CFIUS, McCaul and the GOP-controlled House are not waiting around for them to act.

“TikTok is a security threat. It allows the CCP [Chinese Communist Party] to manipulate and monitor its users while it gobbles up Americans’ data to be used for their malign activities,” McCaul told CNBC.

If TikTok-related legislation looks like it’s moving swiftly through Congress, that could spook investors, and work to the benefit of some of the company’s biggest competitors.

TikTok has been taking market share from Facebook, Instagram and Google‘s YouTube, which have all seen advertising slow dramatically over the past year.

According to Insider Intelligence, TikTok controls 2.3% of the worldwide digital ad market, putting it behind only Google (including YouTube), Facebook (including Instagram), Amazon and Alibaba.

— CNBC’s Ari Levy contributed to this story from San Francisco.

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We’re increasing our Cisco Systems price target after an AI-fueled beat and raise

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CNBC Daily Open: An AI and ‘everything else’ market in play in the U.S.

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CNBC Daily Open: An AI and 'everything else' market in play in the U.S.

Traders work on the floor of the New York Stock Exchange (NYSE) on Nov. 12, 2025 in New York City.

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The divergence between the performance of the Dow Jones Industrial Average and Nasdaq Composite on Wednesday stateside reinforces the suggestion that there are two markets operating in the U.S.: one of an artificial intelligence and another of “everything else.”

Not only did the Dow rise, it also secured its second consecutive record high and closed above the 48,000 level for the first time.

The index, which comprises 30 blue-chip companies, is typically seen as a marker of the “old economy.” That is to say, it is mostly made up of large, well-established companies driving the U.S. economy, such as banks, healthcare and industrials, before Silicon Valley became a mini sun powering everything.

And it was those stocks — Goldman Sachs, Eli Lilly and Caterpillar — that lifted the Dow on Wednesday.

To be sure, new and flashy names, such as Nvidia and Salesforce, constitute the Dow too. But as the index is price-weighted, meaning that companies with higher share prices influence the Dow more, tech companies don’t exert as much gravity on it.

That’s in contrast to the Nasdaq, which is weighted by companies’ market capitalization, and dominated mainly by technology firms. The tech-heavy index fell as shares like Oracle and Palantir slipped — even Advanced Micro Devices’ 9% pop on its growth prospects couldn’t rescue the Nasdaq from the red.

It’s not necessarily a warning sign about overexuberance in AI.

“There’s nothing wrong, in our view, of kind of trimming back, taking some gains and re-diversifying across other spots in the equity markets,” said Josh Chastant, portfolio manager of public investments at GuideStone Fund.

But what investors would really like is if fork in the road merges into one. That tends to be the safer path to take.

What you need to know today

The Dow Jones Industrial Average notches record. The 30-stock index climbed 0.68% Wednesday stateside to close above 48,000 for the first time. The S&P 500 was mostly flat and the Nasdaq Composite fell 0.26%. The pan-European Stoxx 600 gained 0.71%.

Anthropic to spend $50 billion on U.S. AI infrastructure. Custom data centers will be first built in Texas and New York and go live in 2026, with more locations to follow. The facilities will be developed with Fluidstack, an AI cloud platform.

U.S. October jobs and inflation data might not be released. White House press secretary Karoline Leavitt told reporters that part of the fallout of the government closure could be lasting damage to the government’s data collection ability. But analysts think otherwise.

U.S. House of Representatives heading toward a vote. The House on Wednesday night stateside cleared a procedural hurdle required before the vote could begin on a bill that would end the government shutdown. Voting is expected to happen as of publication time.

[PRO] This U.S. mining stock is a top play: CIO. U.K. fund Blue Whale Capital’s Stephen Yiu said macroeconomic concerns, such as the U.S. fiscal deficit and the weakness of the dollar, could support the stock.

And finally…

People walk by the New York Stock Exchange (NYSE) on June 18, 2024 in New York City. 

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Why private equity is stuck with ‘zombie companies’ it can’t sell

Private equity firms are facing a new reality: a growing crop of companies that can neither thrive nor die, lingering in portfolios like the undead.

These so-called “zombie companies” refer to businesses that aren’t growing, barely generate enough cash to service debt and are unable to attract buyers even at a discount. They are usually trapped on a fund’s balance sheet beyond its expected holding period.

Lee Ying Shan

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Firefly Aerospace shares jump 15% on strong revenues, boosted guidance

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Firefly Aerospace shares jump 15% on strong revenues, boosted guidance

Jason Kim, chief executive officer of Firefly Aerospace, center, during the company’s initial public offering at the Nasdaq MarketSite in New York, US, on Thursday, Aug. 7, 2025.

Michael Nagle | Bloomberg | Getty Images

Firefly Aerospace‘s stock surged 15% on Wednesday after the space technology company issued better-than-expected third-quarter results and lifted its guidance.

Revenues in the third quarter jumped nearly 38% to $30.8 million from $22.4 million in the year-ago period and nearly doubled from the previous quarter.

Firefly’s net loss totaled $140.4 million, or $1.50 per share. The company said net loss included costs tied to its IPO, foreign exchange and executive severance

The company also lifted its outlook for the year, saying it now expects revenues to range between $150 million and $158 million. That’s up from previous guidance in the range of $133 million and $145 million.

This is Firefly’s second quarterly report as a public company. Last quarter, shares slumped after it posted a bigger loss and lower revenues than analysts were expecting.

The Cedar Park, Texas, company went public on the Nasdaq in August during a period of heightened enthusiasm toward space technology. The U.S. government and NASA have leaned on more contracts with companies like Firefly and Elon Musk‘s SpaceX to support moon missions.

But shares of Firefly have lost 70% of their value since their opening day close, and the company’s market capitalization has plummeted from about $8.5 billion to about $2.7 billion on Wednesday.

In September, Firefly shares sank after a rocket exploded during a ground test at the company’s Texas facility, days after receiving clearance from the Federal Aviation Administration over a separate incident. Firefly has since put “corrective measures” in place, the company said on Wednesday. Shares dropped 35% in September and are down 24% this month.

Firefly in July won a nearly $177 million contract with NASA for an upcoming moon mission, and in October, it announced its acquisition of defense tech firm SciTec to boost its national security portfolio.

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