Getting tough on China is one of the few things lawmakers in Washington can agree on these days. That’s led to a surge of legislation coming before Congress: Since January 2021, almost 200 bills containing China-related content have been introduced, according to an analysis by The Wire, almost double the number of bills related to Russia.

Not all bills are created equal, of course. The $350 billion America Competes Act, which passed the House earlier this month, contains numerous provisions aimed at boosting American competitiveness in high-tech sectors and a host of measures targeting U.S. outbound investment and immigration, many targeted directly or indirectly at China.¹The Senate version is known as the U.S. Innovation and Competition Act. Representatives of both chambers must now meet to reconcile the two. Most other bills are more limited in scope, and few advance to a full vote in either chamber. 

Still, the sheer volume of legislation being proposed reflects the extent to which China has become a major focus for policymakers. This week, The Wire takes stock of all of Congress’ China bills: What’s in them, who’s writing them, and what they show about Washington’s priorities.

HISTORY

The White House has long played a dominant role in shaping relations with China, but Congress has also played an important part. Recent bills such as the Foreign Investment Risk Review Modernization Act of 2018, which reformed the influential Committee on Foreign Investment in the United States (CFIUS), and the Export Control Reform Act, have provided new tools for Washington to scrutinize foreign investment and trade.

The recent wave of China-linked legislation represents a marked shift from historical trends. Using data from GovTrack.us, a legislative tracking tool, supplemented by additional research, The Wire analyzed 198 bills and resolutions related to China introduced in the 117th Congress, which began in 2021. Grouping the bills by subject area reveals lawmakers’ priorities, including Covid, trade and investment, human rights issues (including issues related to Hong Kong, Xinjiang and Tibet), technology, and Taiwan. 

While the number of bills introduced has ballooned, few progress far. Just seven China-related bills have passed in the current Congress (including two which were folded into broader legislation), along with four non-binding resolutions. 169 of the bills introduced have yet to make it out of committee. And one-quarter of all bills don’t have a single co-sponsor, suggesting low support and a poor chance of success.

Even so, Congress has exhibited an uncharacteristically strong degree of bipartisanship on policies such as: Delisting Chinese public companies that don’t comply with U.S. accounting practices; blocking the importation of most goods from Xinjiang; and banning the procurement of Chinese telecommunications equipment. 

“Issues that would never have been brought up or considered in a previous era all of a sudden are becoming important,” says Eric Sayers, a non-resident fellow at the American Enterprise Institute and a former staffer on the Senate Armed Services Committee. Areas where Republicans might previously have advocated for less government intervention have now become fair game for both parties. 

“It’s one thing for Congress to be in favor of something like defense spending for Asia, it’s another thing for Congress to step up and create policy changes that are going to affect Wall Street,” says Sayers. “The delisting bill was significant for that reason. It raised the bar for action outside of the traditional [Department of Defense] lane.” 

MOTIVATIONS

Given so few China bills end up becoming law, why do so many lawmakers introduce them? The campaign trail is likely a key factor. 

“[Sentiment about] China was always fairly stable — slightly cool, not super friendly nor hostile towards China. But since the spring of 2018, public sentiment has just crashed,” says Craig Kafura, assistant director for public opinion and foreign policy at the Chicago Council on Global Affairs, which has conducted regular polling on attitudes towards China since the 1970s. “We don’t see major shifts like this very often.” 

There are partisan differences in how much voters care about China. 42 percent of Republicans consider China an adversary, compared to just 17 percent of Democrats, according to a Chicago Council survey. And Republican leaders are on average even more hawkish than their party constituents. 

Most Prolific Sponsors
Marco Rubio (R)	20
Jim Banks (R)	8
Mike Gallagher (R)	8
Tom Cotton (R)	8
Rick Scott (R)	7
Scott Perry (R)	7
James Risch (R)	6
Ed Markey (D)	5
Gregory Steube (R)	5
Mark Green (R)	5
Michael McCaul (R)	5

That has implications for what Congress members say and do: Republican politicians are talking more about China on social media and introducing far more China-related legislation than Democrats, by a 161-37 margin. 

The fact that being tough on China has become an electoral test for some on the campaign trail appears to be one reason why so many Republicans in particular are introducing bills, even when they have little chance of passing. Of the 51 China-related bills introduced during this Congress that have zero co-sponsors, 46 were submitted by GOP members. 

Some of the proposed bills have bordered on the provocative and wacky — from removing China from the UN Security Council to collaborating with America’s allies to breed giant pandas.

ISSUES TO WATCH FOR

Several more serious issues are likely to attract attention in the remainder of this congressional term, which ends in January 2023. Lawmakers in recent years have increasingly waited until the last minute to pass large amounts of legislation, according to analysis by the Pew Research Center. 

One measure being strongly considered is a new screening mechanism for outbound investments that could restrict U.S. private equity and direct investments into sensitive Chinese companies. An amendment inserted into the America Competes Act that passed the House this month will establish a new process to do precisely that. 

Russia’s invasion of Ukraine this week means Taiwan is another area likely to attract a surge of interest from lawmakers. With 17 bills related to Taiwan relations already introduced in this Congress, the question of its security is already a top area of interest. Polling by the Chicago Council last year found that, for the first time, a majority of Americans support defending Taiwan if China ever invaded. 

These are some of the Taiwan-related bills that have already been tabled in Congress:

Bill No.	Title	Co-sponsors	Status	Description
H.R. 2646	Taiwan International Solidarity Act	30	Introduced	To amend the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019 to provide that the United States, as a member of any international organizations, should oppose any attempts by the People’s Republic of China to resolve Taiwan’s status by distorting the decisions, language, policies, or procedures of the organization, and for other purposes.
H.R. 3972	Taiwan Peace and Stability Act	14	Introduced	To support the diplomatic, economic, and physical space of Taiwan, and for other purposes.
H.R. 1173	Taiwan Invasion Prevention Act	8	Introduced	To authorize the President to use military force for the purpose of securing and defending Taiwan against armed attack, and for other purposes.
H.R. 3084	Taiwan Fellowship Act	6	Introduced	Directs the Department of State to establish a program to provide fellowships in Taiwan to qualifying U.S. government employees.
S. 2073	Taiwan Defense Act of 2021	4	Introduced	To maintain the ability of the United States Armed Forces to deny a fait accompli by the People’s Republic of China against Taiwan.
S. 811	Taiwan Fellowship Act	4	Introduced	Directs the Department of State to establish a program to provide fellowships in Taiwan to qualifying U.S. government employees.
H.R. 3934	Taiwan Defense Act of 2021	3	Introduced	To maintain the ability of the United States Armed Forces to deny a fait accompli by the People’s Republic of China against Taiwan.
S. 1054	Taiwan Relations Reinforcement Act of 2021	1	Introduced	Create an interagency Taiwan policy task force, elevate the U.S. Representative to Taiwan to a Senate-confirmed position, establish a U.S.-Taiwan Cultural Exchange Foundation, and promote Taiwan’s meaningful participation in international organizations.

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