In the waning days of 2020, how Washington responds to the great power game with Beijing has undoubtedly become one of the primary goals of foreign policy formulation in the current U.S. Congress. The Trump administration has been rolling out new measures against China’s Communist government, trying to confront Beijing with different restrictions. The U.S. Congress at the other end of Pennsylvania Avenue has also introduced a number of Beijing-related legislation this year. In some ways, lawmakers on Capitol Hill from both sides of the aisle are waking up quickly to the China challenge in 2020.
A review of the various legislative items introduced in Congress this year on U.S.-China issues shows that they have been significantly stronger and more frequent than in previous years. Such a result is directly reflected in the number of bills introduced in Congress on China issues by both Democrats and Republicans over the past 300+ days.
According to a report released in September by the Center for Strategic and International Studies (CSIS), a Washington-based think tank, at least 165 China-related bills have been introduced in the current Congress in just the first eight months of 2020. This does not include dozens of other resolutions that do not have the force of law but are merely congressional position statements.
The report mentions two separate waves of China-related bill frenzy in Congress in the first six months of the year. First, in March, a total of 25 bills were introduced in both chambers of Congress; then in May, the number of China-specific bills soared, with as many as 48 China-related bills in a single month. Most of these bills were introduced in response to the outbreak, which was in the early stages of a new coronavirus outbreak in the U.S., and included bills to go after the Chinese Communist Party, address excessive supply chain dependence on China, and expand U.S. domestic manufacturing capacity.
The proliferation of China-related bills on Capitol Hill in 2020 also reflects the growing importance that U.S. lawmakers of both parties place on factors such as the China threat in the foreign policy arena. This has been accompanied by an increase in the political importance of Democratic and Republican members’ involvement in these policy-making legislation.
House China Task Force Established
Recognizing the need for Congress to consolidate its efforts to counter the China threat and develop a comprehensive policy response as soon as possible, House Republican leaders announced the creation of the China Task Force in May of this year.
As the primary Republican think tank on China, the 15-member China Task Force is designed to discuss, consolidate information, coordinate efforts and develop policy recommendations on the various threats from China.
“The China Task Force released its first report on Sept. 30, identifying the Chinese Communist Party as a generational challenge to the United States. The report makes more than 400 policy recommendations and nearly 200 legislative proposals. The report says the U.S. must reverse its years-long engagement strategy with China, which is considered to have failed.
“Rep. Michael McCaul (R-TX), chairman of the China Working Group, told VOA that he expects continued bipartisan cooperation on the China threat in the new Congress, despite the fact that all members of the working group are Republicans.
“(In the report) we have over 200 legislative proposals, two-thirds of which are bipartisan. We in Congress can continue to work together on this and get it done. So that’s something that I look forward to continuing to push hard in the next Congress,” McCaul told Voice of America.
China-related proposals on the rise Limited number of bills passed
However, despite the significant increase in the number of China-related proposals in Congress, there has not been a corresponding increase in legislation actually passing through the House and Senate.
So far, a total of 10 China-related bills have passed the U.S. Congress in 2020, including some that were ultimately passed as part of large appropriations or authorization bills.
In the area of national defense, the U.S. Congress primarily incorporates responses to the Chinese military threat into the annual National Defense Authorization Act, so this article does not include the relevant provisions.
The Voice of America has compiled a list of the 10 China-related bills that will be passed by Congress in 2020, grouping them into issues such as U.S.-China technology competition, trade and investment, human rights in China, Hong Kong, and Taiwan.
Implementing the “De-Huaweiization” of Communications Technology
First, the competition with China in the area of 5G network infrastructure and communications has been the focus of intense attention in the House and Senate this year.
In March, two bills related to communications network security were signed into law by the White House, namely the Secure and Trusted Communications Networks Act and the Secure 5G and Beyond Act.
The Secure and Trusted Communications Networks Act is seen as the start of formal Congressional action to implement the “de-Huaweiization” of the United States. The bill puts into law a ban on the use of U.S. federal funds to purchase communications products and equipment, including huawei, that pose a threat to U.S. national security. The bill would also provide compensation to small telecommunications providers in remote areas who would remove equipment that poses a risk to national security from their network systems and replace it with equipment from trusted vendors.
The Securing 5G and Beyond Act requires the U.S. government to develop a strategy to ensure the security of the U.S. and allies’ 5G communications infrastructure. The bill also requires strategies to ensure the integrity of international standard-setting organizations and insulate them from political pressure.
Breaking the Audit Loophole for Chinese Companies Listed in the U.S.
In regulating the listing of Chinese companies in the U.S., both chambers of Congress passed the Holding Foreign Companies Accountable Act without opposition this year. The bill explicitly prohibits a foreign company from trading in the U.S. if it does not allow the PCAOB to conduct an audit of the company for three consecutive years.
The bill also requires listed companies to disclose whether they are owned or controlled by a foreign government, including the Communist government of China.
The bill would require a listed foreign company to disclose in its audit report the percentage of the company’s shares owned by the foreign government entity in which it is located; whether the foreign government entity in which the certified public accounting firm is located has a controlled financial interest in the company; the name of each Communist Party member on the board of directors of the company or the company’s operating entity; and whether the company’s bylaws or equivalent organizational documents contain any elements of the Chinese Communist Party’s charter.
This bill would give U.S.-listed Chinese companies such as Alibaba, China Telecom and China Mobile three years to enforce U.S. regulations or be kicked out of the U.S. market.
In addition to this, in February this year Congress passed a bill related to the restriction of fentanyl-based drugs. Although China was also mentioned, the main purpose was only to extend a temporary statute of limitations period to review and assess the impact of international controls on fentanyl-related substances from China.
Bipartisan Legislation Paves the Way for Sanctions Against Chinese and Hong Kong Officials in the Eyes of Congress
Following the bipartisan passage of the Hong Kong Human Rights and Democracy Act of 2019, which requires the U.S. State Department to conduct annual assessments of Hong Kong’s autonomy status, Beijing has bypassed the Hong Kong legislature and imposed a “Hong Kong version of the National Security Law” through legislation by the National People’s Congress.
In response, both houses of Congress quickly completed the legislative process for the Hong Kong Autonomy Act in July of this year with a few weeks to spare.
The bill would impose mandatory “tier one sanctions” on Chinese officials and entities that violate their commitments to the people of Hong Kong under the Sino-British Joint Declaration and the Hong Kong Basic Law, and promote a “Hong Kong version of the National Security Law” that undermines Hong Kong’s autonomy. In addition, the bill calls for the imposition of “secondary sanctions” on all banks that do business with these individuals and entities.
According to the bill, within 90 days of its effective date, the Secretary of State will confer with the Secretary of the Treasury to designate individuals and entities that have failed to meet their obligations to the people of Hong Kong under the Sino-British Joint Declaration and the Hong Kong Basic Law, and submit a report to the relevant congressional committees and leadership.
The bill also mentions that the U.S. Departments of State and Treasury will list the banks that do business with the above individuals and entities and impose secondary sanctions. This could extend to most major Chinese banks, potentially cutting off their cooperation with U.S. banks and restricting their use of U.S. dollars for transactions.
While the bill targets foreign banks, the sanctions would also apply to foreign subsidiaries of U.S. financial institutions.
The U.S. Congress has also tried to push through another bill this year that would provide political asylum to Hong Kong people who have been politically oppressed by the Beijing and Hong Kong governments. However, the much-anticipated Hong Kong People’s Freedom and Choice Act failed to pass the U.S. Senate unanimously on Dec. 18 and has been stalled in the current Congress.
Despite this, several members of Congress from both parties told VOA that they will continue to push for it in the new Congress that will take office next January.
Congress Supports Further Escalation of U.S.-Taiwan Cooperation
At the same time, congressional efforts to advance U.S.-Taiwan relations have been further escalated through legislative action. The Taiwan Allies International Protection and Enhancement Initiative Act (TAIPEI Act), which passed the House and Senate in March and was signed into law by the President, can be seen as a major step forward in the continued deepening of U.S.-Taiwan cooperation. The TAIPEI Act can be seen as a legal basis for continued and deepened U.S.-Taiwan cooperation in the future, and breaks down restrictions on U.S. officials visiting Taiwan.
The primary purpose of the Taipei Act is to counter China’s “bullying tactics” to isolate Taiwan internationally. The bill requires the United States to adopt strategies to engage governments around the world to support Taiwan’s diplomatic recognition or strengthen unofficial relations with Taiwan; requires the U.S. Department of State to use a variety of diplomatic assistance options for countries that take actions against Taiwan, and clearly expresses U.S. support for Taiwan’s participation in appropriate international organizations.
In addition, the bill also requires the U.S. Secretary of State to report annually to Congress on relevant measures taken by the administration for five years, beginning within one year of the bill’s effective date.
In addition to the Taipei Act, the U.S. Congress passed the FY 2021 Consolidated Appropriations Act on Dec. 21 at the last minute before the end of the current session, which is more than 5,000 pages long and includes the Taiwan Assurance Act (TAA).
The Taiwan Assurance Act contains congressional views that Taiwan is a vital part of the U.S. free and open Indo-Pacific strategy, and that the U.S. government supports Taiwan’s development of asymmetric capabilities and also urges Taiwan to increase defense spending for its defense strategy; the U.S. should normalize arms sales to Taiwan to enhance its self-defense capabilities.
It is worth noting that the most specific provision of the Taiwan Assurances Act is the “Review of the Department of State Taiwan Guidelines,” which requires the U.S. Secretary of State to review and submit a report on the State Department’s guidelines for U.S.-Taiwan relations within 180 days of the Act’s entry into force, “including the occasional memorandum entitled ‘Guidelines on Relations with Taiwan’ and related documents,” and to reissue the guidelines to executive branch departments and agencies.
Bipartisan Maximum: Human Rights Issues in Xinjiang and Tibet
Other bills related to U.S. international policy in the FY 2021 Consolidated Appropriations Act include two long-stalled human rights bills in Congress related to Xinjiang and Tibet, the Uyghur Forced Labor Prevention Act and the Tibetan Policy and Support Act, respectively.
The Uyghur Forced Labor Prevention Act requires a ban on the importation of all Xinjiang products, including clothing and electronics sold by U.S. brand name companies, unless approved by U.S. Customs and Border Protection.
The core position of the Act contains a “rebuttal presumption,” meaning that the presumption is accepted as true unless proven incorrect, and the presumption presupposes that all products manufactured in Xinjiang are produced using forced labor and are therefore prohibited under the 1930 Tariff Act. Tariff Law is prohibited. Any company seeking to import products made in Xinjiang must demonstrate through a “clear and convincing” examination that its supply chain does not include forced labor.
The bill also requires the U.S. Secretary of State to determine within 90 days of the effective date of the legislation whether the persecution faced by Uighur, Kazakh, Kyrgyz and other minority Muslims in the XUAR constitutes an atrocity.
The Tibetan Policy and Support Act, on the other hand, asks Beijing to protect the rights of the Tibetan people, among other things, and says Beijing will be held accountable if it interferes with Tibetan religious affairs.
Both bills are sponsored by Republican U.S. Sen. Marco Rubio (R-FL). Sen. Rubio issued a statement Wednesday (Dec. 23) praising the bills after they were both passed.
“The direction of the 21st century will be defined by the U.S.-China relationship, and we must act to address the inequality between the two countries and the systematic human rights violations committed by the Chinese Communist Party,” Rubio said in the statement. “Incorporating reciprocity in our dealings with China and ending the crimes of the Chinese Communist Party is the geopolitical challenge of this century and the responsibility of democracies around the world.”
In May of this year, the U.S. Congress also formally passed the Uyghur Human Rights Policy Act (UHRPA), also sponsored by Senator Rubio. In addition to calling on the U.S. government to increase pressure on Beijing over issues involving Xinjiang, the bill also urges the U.S. government to consider sanctions against Chinese officials who commit human rights abuses.
According to the bill, the President must submit a report to Congress within 180 days of the bill’s effective date, providing a list of Chinese officials who have violated the human rights of Uighurs and other Muslim minorities in Xinjiang, and impose sanctions on those on the list. Sanctions include asset freezes, bans on entry, and visa revocations.
In addition, the bill requires the Secretary of State to submit a report on human rights violations in the XUAR to Congress within 180 days of the effective date of the bill, in discussion and cooperation with other relevant federal executive departments and civil society groups.
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