From drones to biotech, from fentanyl to export controls, the House of Representatives has been voting on a series of bills since Monday designed to show how its members are standing up to China.
Roughly 30 bills were voted on during what’s been billed as “China week’ on the Hill, but not all will become law — most face a steeper climb in the Senate. But even though some bills saw vigorous lobbying from opponents, most ended up being passed with overwhelming majorities. (See our table below.)
There were also notable omissions: bills aimed at controlling outbound investment to China and narrowing the de minimis trade provision — backed by many China hawks — were not brought to a vote. And the proceedings took a partisan turn on Tuesday after Rep. Lance Gooden (R-TX) introduced a bill to bring back the China Initiative, a controversial Trump-era campaign.
With the elections just eight weeks away, the House bills offer a major indicator of what politicians view as vote-winners when it comes to getting tough on America’s leading strategic rival.
This week, The Wire looks at the agenda and the votes from the House’s China week.
WHAT PASSED
Of the 29 bills The Wire counted as directly related to China policy, 18 were passed by voice vote, meaning they faced little or no opposition. Only eight bills actually called for a roll call vote. Three more bills had not been voted on by the end of the week. Here’s how the House voted on those that came to a roll call:
Biosecure Act
Vote: 306-81
The Biosecure Act will forbid U.S. companies that receive federal funding from working with five listed Chinese companies: WuXi AppTec, WuXi Biologics, BGI Group, MGI and Complete Genomics. The bill has drawn controversy because WuXi AppTec is one of the world’s largest drugmakers, meaning that the bill, if signed into law, could dramatically reorder the global pharmaceutical supply chain.
BGI, a leading Chinese genomics company, has meanwhile been in lawmakers’ crosshairs for its ties to the Chinese government and global reach, amid fears about U.S. genomics data security.
Lawmakers amended the bill to include an eight-year buffer period to allow companies time to transition away from WuXi. The bill received last minute opposition from Jim McGovern (D-MA), usually a prominent human rights critic of China. His district includes Worcester, where WuXi Biologics is planning to open a $300-million biomanufacturing facility, creating 200 jobs.
“If we’re going to name companies, there ought to be a clear, transparent process that is implemented the same for all companies,” said McGovern in a speech on the House floor.
In a statement, WuXi AppTec said it was disappointed by the vote, “which pre-emptively and unjustifiably designates our company without due process.” BGI said it was “disappointed that the U.S. legislative process is being used to pick winners and losers.”
Protect America’s Innovation and Economic Security from CCP Act of 2024
Vote: 237-180
This bill proposes to resurrect the China Initiative, a Trump-era effort to scrutinize economic espionage and the theft of U.S. trade secrets. In practice, the program ended up prosecuting U.S. researchers of primarily Chinese descent while producing few convictions. The initiative has been criticized particularly by Asian-American groups, who, alongside Congress’ Asian-Pacific American Caucus, have opposed the bill.
“It is true there were only eight convictions,” said Gooden, who sponsored the bill. “Well, what happened when we took away this China Initiative and replaced it with nothing? In the last two years we only had two convictions. Our Department of Justice has really failed to protect our domestic industry.”
A statement from the Committee of 100, a nonprofit representing prominent Chinese Americans, said that “reimplementing this program would send shockwaves of fear across the AAPI community.”
The final vote was divided largely on party lines, with 23 Democrats voting in favor.
Hong Kong Economic and Trade Office Certification Act
Vote: 413-3
Hong Kong activists have accused the city’s government of using its overseas trade outposts to surveil and repress Hong Kongers overseas. In May, an official at the HKETO office in London was charged with spying. This bill would require the State Department to review the three HKETO offices in the U.S. and strip them of their privileges and immunities if found not to operate with a “high degree of autonomy” from mainland China.
Other bills passed by roll call included:
- Countering the PRC Malign Influence Fund Authorization Act, which authorizes $300 million for the State Department to work with partner countries to counter the “malign influence” of the Chinese Communist Party (351-36)
- No WHO Pandemic Preparedness Treaty Without Senate Approval Act, which requires that any agreement on pandemic-related issues reached by the World Health Assembly shall be deemed to be a treaty requiring Senate ratification (219-199)
- Protecting American Agriculture from Foreign Adversaries Act, which requires the federal government to review foreign investments in agricultural land (269-149)
- DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act, which restricts federal funding to universities that have a relationship with a Confucius Institute (249-161)
- End Chinese Dominance of Electric Vehicles in America Act, which restricts tax credits from being claimed for vehicles powered by a battery containing materials that have been sourced from a prohibited foreign entity (217-192)
Here are the bills that passed by voice vote:
SPONSOR | SUMMARY | |
---|---|---|
Countering CCP Drones Act (see below) | Elise Stefanik (R-NY) |
Adds DJI drones to a list of equipment deemed detrimental to U.S. national security and prohibits such drones from using U.S. communication networks |
Decoupling from Foreign Adversarial Battery Dependence Act | Carlos Gimenez (R-FL) |
Prohibits the Department of Homeland Security from procuring batteries from six Chinese companies |
To amend the Research and Development, Competition, and Innovation Act to clarify the definition of foreign country for purposes of malign foreign talent recruitment restriction, and for other purposes | Mike Garcia (R-CA) |
Updates the definition of “malign foreign talent recruitment programs” included in the CHIPS and Science Act |
Taiwan Conflict Deterrence Act | French Hill (R-AR) |
Requires disclosure of Chinese Communist Party members’ financial assets if China invades Taiwan |
Chinese Currency Accountability Act | Warren Davidson (R-OH) |
Requires the U.S. to oppose any future International Monetary Fund elevations of China’s official currency |
Export Control Enforcement and Enhancement Act | Ann Wagner (R-MO) |
Creates a presumption of denial for export applications covering items controlled for national security reasons to countries under a U.S. arms embargo |
Economic Espionage Prevention Act | Richard McCormick (R-GA) |
Authorizes sanctions on foreign entities that steal U.S. intellectual property |
Remote Access Security Act | Michael Lawler (R-NY) |
Restricts China’s remote access to advanced semiconductor technology through cloud services |
ROUTERS Act | Robert Latta (R-OH) |
Requires the Commerce Department to report on potential risks posed by consumer routers and modems |
DETECT Fentanyl and Xylazine Act of 2024 | Nick LaLota (R-NY) |
Requires the Department of Homeland Security to conduct research and develop fentanyl detection equipment |
Subterranean Border Defense Act | Elijah Crane (R-AZ) |
Requires annual reports on countering cross-border tunnel operations |
To amend the Export Control Reform Act of 2018 relating to the statement of policy | Aumua Amata (R-AS) |
Adds a statement of policy to export control legislation to protect trade secrets |
Science and Technology Agreement Enhanced Congressional Notification Act | Andy Barr (R-KY) |
Requires the State Department to notify Congress regarding scientific cooperation agreements with China |
Sanctions Lists Harmonization Act | Michael Waltz (R-FL) |
Requires coordination between U.S. government agencies on sanctions |
No Russian Tunnel to Crimea Act | Gregory Meeks (D-NY) |
Requires that the U.S. impose sanctions on any company that helps construct, maintain or repair a tunnel or bridge between Russia and the Crimean peninsula |
Foreign Adversary Communications Transparency Act | Elise Stefanik (R-NY) |
Requires the Federal Communications Commission to publish a list of license holders with any ownership by foreign adversarial governments, including China |
Pacific Partnership Act | Ed Case (D-HI) |
Establishes requirements related to U.S. engagement with the Pacific Islands region |
Maintaining American Superiority by Improving Export Control Transparency Act | Ronny Jackson (R-TX) |
Requires the Commerce Department to report every 90 days to Congress on license applications, enforcement actions and other requests related to export controlled goods |
Countering CCP Drones Act
This bill was a particularly significant one which passed with little opposition. It puts Chinese drone company DJI’s leading market position in the U.S. in peril, as it would add the company’s products to a list of communications equipment deemed a risk to national security. That would effectively block the drones from being used on U.S. communications networks, potentially grounding the drone fleets of police and fire departments across the country.
Rep. Elise Stefanik (R-NY), who introduced the bill, highlighted the drones’ potential use as a data collection tool for the Chinese government, and the fact that DJI has provided surveillance technology for use in Xinjiang, where China pursues repressive policies against the Uyghur minority group. DJI rejects accusations about data collection, pointing out that many police departments connect their drones only to private networks with no access to the wider Internet.
WHAT WAS OMITTED
In July, House Speaker Mike Johnson (R-LA) highlighted outbound investment and narrowing the de minimis loophole — a trade provision that allows imports worth less than $800 into the U.S. tax free and with relatively little customs review — as two China issues he aimed to pass in the fall. Neither even came to a vote this week.
“All politics is local and the de minimis exclusion is an example of that,” says Craig Singleton, senior director of the China program at the Foundation for Defense of Democracies (FDD), a conservative think tank. “Removing [de minimis] would potentially increase prices of some Chinese goods, especially from Shein and Temu, and I suspect that’s something that members are thinking twice about right before an election.”
He predicts that the bill, plus another long-standing proposal to impose restrictions on U.S. investment into China, may reappear in the lame duck session after November 5th.
The White House ultimately moved first. On Friday, it announced it intends to issue a new rule that would make all tariffed goods ineligible for the de minimis exemption, including textiles and apparel, hitting directly at the business model that has enabled fast fashion company Shein’s spectacular growth.
Three bills originally on the schedule were not voted on. The bills would:
- Require the establishment of a 6G task force
- Require inspections of foreign cranes at U.S. ports
- Require the State Department to form a secure telecoms strategy for foreign countries
WHY CHINA WEEK — AND WHAT’S NEXT
It is unusual for the House to dedicate its agenda for a full week to foreign policy, let alone to bills aimed at countering one country.
[T]he passage of Biosecure and the CCP Drones Act were the largest achievement because they faced considerable lobbying efforts. I think there’s a good chance that we could see both of them adopted into the final NDAA later this year…
Eric Sayers, managing director at Beacon Global Strategies, who was previously a staffer on the House Armed Services Committee
Many of the bills were voted on as standalone proposals in part because of a procedural change that prevented them from being initially included in Congress’ annual defense spending bill, says Mark Montgomery, a senior fellow focusing on China’s regional military expansion at FDD.
Not everyone is happy with the House’s sweeping approach. Global Times, a Chinese state-controlled tabloid, described the bills as “largely rooted in unfounded accusations and baseless fears.” On Wednesday, a coalition of Asian-American groups described ‘China week’ as “part of the anti-Asian scapegoating playbook.”
“The ‘China Week’ bills….appear more concerned with scoring political points for being ‘tough on China’ than developing durable solutions to real problems facing Americans and the world,” says Jake Werner, acting director of the East Asia program at the Quincy Institute for Responsible Statecraft.
Experts say that it’s too soon to tell which, if any, of these bills will be taken up by the Senate, whether as standalone bills or as a late amendment to the defense bill, known as the National Defense Authorization Act (NDAA).
“[T]he passage of Biosecure and the CCP Drones Act were the largest achievement because they faced considerable lobbying efforts,” says Eric Sayers, managing director at Beacon Global Strategies, who was previously a staffer on the House Armed Services Committee. “I think there’s a good chance that we could see both of them adopted into the final NDAA later this year, but they’re still an uphill battle for supporters of these two bills.”
The rush of bills this week caps a two-year Congressional session during which U.S. lawmakers have focused on measures designed to take on China in the sphere of trade and economics. An analysis from the Center for Strategic and International Studies, a Washington, D.C. think tank, found that this legislative session was the busiest yet when it came to China-related bills, with 576 bills introduced.
Eliot Chen is a Toronto-based staff writer at The Wire. Previously, he was a researcher at the Center for Strategic and International Studies’ Human Rights Initiative and MacroPolo. @eliotcxchen
Aaron Mc Nicholas is a staff writer at The Wire based in Washington DC. He was previously based in Hong Kong, where he worked at Bloomberg and at Storyful, a news agency dedicated to verifying newsworthy social media content. He earned a Master of Arts in Asian Studies at Georgetown University and a Bachelor of Arts in Journalism from Dublin City University in Ireland.