Tag Archive for: Congress

US Congress takes aim at China: an update on progress of legislation

The US Congress continues to grapple with legislation aimed at empowering US competition with China. Little time remains in the 118th Congress to finalise most of the bills that congressional committees have worked on for months. Many are likely to be back on the agenda next year, in the 119th Congress, offering Australia key opportunities for deeper collaboration, particularly in the Indo-Pacific and on economic security.

When Congress returned from its summer recess on 9 September, Republican House Speaker Mike Johnson introduced a 28-bill package to bolster the US’s China policy.

Of the 25 bills that the House passed in what was dubbed ‘China Week’, 20 advanced with broad Democratic support, including legislation to refine US export controls, safeguard critical technology, ensure continued US focus on the Pacific islands, promote secure technology use and reduce US reliance on resources from China.

House Republicans also passed bills pursuing an America First agenda, overcoming strong Democratic opposition. These included the bill for the Protect America’s Innovation and Economic Security from CCP Act, which seeks to reinstate the controversial China Initiative, abandoned by the Biden administration in 2022 due to concerns of racial profiling. Democrats also opposed measures targeting Chinese electric vehicles and foreign acquisition of US farmland, arguing the legislation would harm the US economy.

During China Week, the Speaker chose not to introduce several other bills with bipartisan support, notably those developed by the House Select Committee on Strategic Competition Between the United States and the Chinese Communist Party. Senior Democrats complained that Republicans, by focusing on partisan politics ahead of a tight November election, had missed an opportunity to confront the threat from China. Representative Raja Krishnamoorthi, the lead Democrat on the committee, said only the Chinese Communist Party would benefit from this discord.

The Senate has also been working on a collection of bills relating to China, first announced by Senate Majority Leader Chuck Schumer, the lead Democrat in the Senate, in May 2023. Recent legislation passed by the Senate includes the bill for the Intergovernmental Critical Minerals Task Force Act, which seeks to diversify US critical minerals supply chains away from China in favour of the US and its allies, and a bill forcing TikTok’s Chinese parent company to sell the social media platform to a US-approved firm. After intense cooperation in the House and Senate, President Biden signed the TikTok bill into law in April this year.

Improving US economic security levers through a more holistic legislative package has been at the forefront of the Senate’s policy agenda. However, partisan differences over how best to address the China threat have made reaching a compromise difficult.

Unwilling to wait and emboldened by their expectation of being in the majority next Congress, Senate Republicans in September introduced the bill for the STRATEGIC Act, a 378-page package of cross-jurisdictional proposals to tackle competition with China. The bill seeks to strengthen the US’s ability to counter China’s Belt and Road Initiative, prevent Chinese malign influence and interference domestically, and deepen security alliances in the Indo-Pacific.

House and Senate members have now left Washington DC for campaigning. When they return after the 5 November election, the 118th Congress will have only five weeks left. Congress will need to prioritise must-pass legislation, such as the annual defence and budget bills. This will leave little or no opportunity in the period for further progress on a comprehensive China legislative package.

While movement on a US whole-of-government China package is stalled, both chambers remain focused on developing legislation to help the US compete with China, including in cooperation with US allies and partners. This robust effort reflects the serious thought and time being put into the US’s China policy across government, with strong input from academia, think tanks and business.

Members of Congress will take up the effort again when the 119th Congress is formed in January 2025 and seek to reach consensus on a package of China-focused bills. The bills that have bipartisan support in both chambers have the best chance of being signed into law.

Of particular interest for Australia will be those bills seeking to tighten and make more transparent the export control processes of the US Department of State and Department of Commerce, to streamline cooperation with allies’ defence industries. Efforts to address loopholes in the Foreign Agents Registration Act will also be important as the US seeks to better combat foreign malign influence.

House and Senate bills up for consideration addressing diversification of critical mineral supply chains, including for semiconductors, also present opportunities for Australia to deepen economic partnership with the US. These are in provisions through which the US would prioritise trusted international partnerships for supply chain security. Specifically, Australia could benefit from initiatives proposed by the House to work with allies ‘to develop advanced mining, refining, separation and processing technologies’.

Additionally, the Senate legislation includes provisions to issue awards to eligible entities—specifically allies—to ‘accelerate innovation to advance critical minerals mining, recycling and reclamation strategies and technologies for the purposes of eliminating national reliance on minerals and mineral materials that are subject to supply disruptions’.

Some bills introduced in Congress prioritise US engagement and investment in the Indo-Pacific.

The Pacific Partnership Act would mandate the development of a rolling US Pacific strategy, ongoing consultation with Australia and other Pacific partners, and diplomatic recognition for the Pacific Islands Forum. The TIDES Act would offer new tools to the US government to sanction Chinese business and other entities involved in China’s grey zone harassment of US partners in the South China Sea. The Strengthening the Quad Act would allocate more resources to support US engagement within the Quad, bolstering its partnership with Australia, India, and Japan. These measures are intended to promote economic growth, cooperation on technology and energy innovation, and resilient supply chains.

New Australia caucus in Congress needs Australian leadership

The 2017 foreign policy white paper reiterated the need for Australia to ‘advance our values and our national interests’ and to deepen ties with the US. The revived Friends of Australia Congressional Caucus in Washington is a useful vehicle for pursuing both of those aims.

The caucus’s recent launch demonstrates the deep goodwill towards Australia on Capitol Hill. And it is already proving useful in the Trump era—last week, the caucus hosted a briefing on the white paper with the Australian embassy in Washington. But Australian leadership will be required for it to maintain relevance and contribute meaningfully to a closer bilateral relationship.

The caucus sprang directly from the infamous telephone call between President Donald Trump and Prime Minister Malcolm Turnbull last January in which Trump ‘badgered, bragged and abruptly ended’ the call. In response, more than 50 members of Congress called Australian ambassador Joe Hockey to express their solidarity with Australia. But now, as the phone call drifts into history, members of Congress start to focus on the 2018 midterm elections, and the Australian embassy’s ‘100 years of mateship’ campaign approaches its end, the caucus risks becoming a non-entity.

Consider the life cycle of the previous Australian caucus. It was established in 2003 to capitalise on the goodwill generated in Washington by Australia’s involvement in the Iraq War. The caucus was crucial in securing the passage of the Australia–US free trade agreement with overwhelming majorities in both houses, and in gaining the E3 visa, which makes it easier for Australian professionals to work in the US. These were impressive achievements in the caucus’s first two years, but it then lost its raison d’être and soon ceased to exist. Both of its original co-chairs left the House of Representatives in 2005 and one has since passed away.

Many congressional caucuses quickly lose meaning. There are so many caucuses on Capitol Hill that members of Congress simply don’t have the time to actively contribute to them all. Since 2000, the number of caucuses has quadrupled: there is now more than one for each member of Congress. Members of Congress are sometimes deeply committed to the cause of a caucus or two, but often are nominal members of many more. On average, senators belong to about 18 caucuses and representatives belong to 34. Caucuses seemingly exist for everything: there’s a bourbon caucus, a bike caucus and a shellfish caucus.

Caucus membership varies greatly. While many are bipartisan, some such as the House Tea Party Caucus operate more like party factions. Similarly, the Congressional Black Caucus—overwhelmingly made up of Democrats—has exercised significant influence for decades. In the 1980s, it helped spearhead legislation that imposed sanctions on apartheid South Africa, and helped override President Ronald Reagan’s ensuing veto. This year, it has been vocal in its criticism of Trump, especially over his comments after racially fuelled events in Charlottesville, Virginia.

The Australia caucus will never have that level of influence. But with effective leadership from Canberra and the Australian embassy in Washington, it can be a helpful vehicle for Australian interests. Both Republicans and Democrats agree on the importance of the relationship with Australia. The caucus has bipartisan co-chairs in both houses: Roy Blunt (vice chairman of the Senate Republican conference) and Dick Durbin (the second-highest ranking Democrat) in the Senate; and Republican Mike Gallagher and Democrat Joe Courtney in the House of Representatives, both of whom sit on the Armed Services Committee. Steny Hoyer, the second-highest ranking Democrat in the House of Representatives, attended the launch. More than 70 members of Congress have joined the caucus.

Regardless of these members’ affinity for Australia, they know that time spent with the Australia caucus will have a negligible impact on their domestic political goals, much less their prospects of re-election. There’s a clear and present risk that the caucus will drift into obscurity over the next 11 months leading up to the 2018 mid-term elections.

To avoid that, Australian leadership will be needed. The caucus has the drawing power to attract key members of Congress. Any Australian minister visiting the US should make time to address the group. Another idea is to create a mutual exchange system between members of Congress and Australian parliamentarians. Reciprocal visits would promote engagement between the legislatures. Finally, the Australian embassy could involve the caucus in next year’s busy program of World War I commemorations.

If the caucus can eventually outlive its previous iteration or outdo its level of influence, Australia will benefit from the group’s existence. But an influential Australia caucus in Congress will require sustained Australian effort and creative thinking.

Will the US Congress finally act on Zika?

Lawmakers return to Washington, D.C. today for an abbreviated session before the Presidential election. While Congress will seek to maintain the status quo over the one-month sitting, funding the Zika response must be at the top of its agenda. Not only must Congress act to respond to the significant shift in the epidemic in the US over the summer, but it must fulfil the US’s reputation as a leader in global health.

August marked a shift in the Zika epidemic. While the US has over 2,600 reported travel associated cases of Zika, officials are now reporting 49 locally acquired Zika infections, acquired in two neighbourhoods of Miami, Florida: Wynwood and Miami Beach. These recent cases are particularly significant, meaning that local mosquito populations are infected with and transmitting the Zika virus.

While the mosquitoes that carry Zika—the Aedes aegypti and Aedes albopictusare present in at least 30 US states, further clusters of cases in the US are expected to be relatively small and limited. Hawaii, Texas and Florida—where the mosquitoes that transmit Zika are active all year around—remain the main concerns. The virus can also be sexually transmitted, posing a further risk to pregnant women if their partner travels to an area of active transmission.

Despite the shift from travel-associated to locally-acquired infections over the US summer, Congress is yet to approve funding for America’s Zika response. Hillary Clinton recently made a campaign stop at a medical clinic in Wynwood to call upon Congress to immediately take steps to pass funding for the Zika response: funding desperately needed not just for Miami, but for other US cities likely to have local transmission of Zika. As Secretary Clinton noted, the outbreak in Florida ‘is really the canary in the mine’.

In February, President Obama submitted to Congress an emergency supplemental funding request of US$1.9 billion, to fund the Zika response. More than five months later, Congress has continued to balk at approving this request, frustrating the US’s domestic and regional response, including vector control (such as mosquito spraying) and the development of a possible vaccine.

Before the summer break, attempts by the House of Representatives and Senate to pass amended versions of the funding bill descended into politicking, including so-called “poison pill” provisions to prevent any monies going to Planned Parenthood—particularly troubling given the specific risk of sexual transmission of Zika and its disproportionate impact on foetuses and women’s reproductive rights.

Now, with Congress returning, it must avoid the similar delays that plagued earlier negotiations. Passing funding isn’t simply a matter of public health, but one of ethics and justice. Pregnant women, particularly those in lower socio-economic status groups in the southern US, are at an increased risk of both contracting Zika and bearing a disproportionate burden from Zika. In low socio-economic areas, houses may be less likely to have air conditioning or appropriate window and door screening, highlighting the importance of government-led public health measures, such as insecticide spraying and removal of stagnant water that serve as breeding grounds for mosquitoes. Women in low socio-economic areas are also less likely to have sufficient access to reproductive health services, including contraception, abortion, and maternal and child healthcare. In addition to the potential physical and emotional distress associated with a Zika infection while pregnant, the CDC estimates the costs of raising a child with Zika-associated birth defects at up to US$10 million per case: a significant issue for a country without universal health care.

The development of a vaccine is a fundamental part of the ongoing and future Zika response. The NIH has announced that it has commenced a clinical trial of a possible Zika vaccine. If successful, a phase two trial to assess the vaccine’s efficacy in protecting against Zika infection and associated birth defects can begin in Zika-endemic countries by early 2017. This research came dangerously close to ending in August due to a lack of funding forcing the Obama administration to divert US$81 million from existing cancer and diabetes research, antipoverty and health care programs in order to fund Zika vaccine development. It’s a perverse outcome driven by desperation as the pressing need for a vaccine grows.

This followed previous extraordinary measures in April when Congress’ ongoing failure to approve Zika funds forced the White House to divert US$589 million from Ebola recovery and prevention funding to the Zika response. That move risks making the US ultimately more vulnerable to infectious disease threats. The failure to develop and secure strong public health systems in developing countries—especially those with ongoing flare-ups such as for Ebola-affected countries in West Africa—risks the health, safety and security of the United States. Unsustainable and reactionary reallocation of money from one infectious disease outbreak to another undermines global efforts to ensure surveillance, detection, response and control strategies.

The US Congress’ failure to respond to the Zika pandemic isn’t simply a dereliction of its duty to protect US citizens, but it also significantly undermines the country’s role as a leader in global health and weakens global health security. Before more pregnant women and their foetuses are put at risk, it’s paramount that the US Congress uses this month to immediately pass sufficient and appropriate funds for the Zika response.

Taiwan’s RIMPAC dream

PACIFIC OCEAN (July 25, 2014) A rainbow arches near the amphibious dock landing ship USS Rushmore (LSD 47) as it transits the Pacific Ocean for a photo exercise during Rim of the Pacific (RIMPAC) Exercise 2014.

Last Friday, the US House of Representatives passed an amendment to the National Defence Authorization Act (NDAA) of 2015 that included a reference to a recent issue: China’s potential participation in 2016 Rim of the Pacific (RIMPAC) exercise, a biannual multilateral exercise that mostly involves the US and its key allies.  Other nations are invited but do not partake in major parts of the program. China was such a guest last year.

The amendment stipulates that if US Department of Defense invites Beijing to participate in RIMPAC, a similar invitation must be extended to Taiwan.  Not surprisingly, the news was received well in Taiwan. David Lo, Taiwan’s Defense Ministry spokesperson, welcomed the amendment, and Taiwan-based Want China Times ran the headline ‘House passes clause to invite Taiwan to RIMPAC’.

However, before jumping to conclusions, let’s have a look at the exact wording of amendment proposed by Rep. Mark Walker (R-NC):

‘The Secretary of Defense shall invite the military forces of Taiwan to participate in any maritime exercise known as the Rim of the Pacific Exercise if the Secretary has invited the military forces of the People’s Republic of China to participate in such maritime exercise.’

First of all, the wording of the amendment is quite telling. If China gets invited, the Pentagon must invite Taiwan as well. Let’s put the amendment to a simple test: which scenario appears less complicated? To invite both China and Taiwan-which would no doubt elicit a very loud and unhappy reaction from Beijing? Or to not invite China in the first place and be done with it? It’s rather obvious that despite the excitement on Taiwan’s side, the amendment is more about the absence of China at RIMPAC 2016 than about a potential Taiwanese presence.

It’s likely that Walker’s amendment will make it to the final version of NDAA that will eventually land on President Obama’s desk. Such a provision would be hardly controversial for Republicans who are in the majority, and even if the Senate version didn’t include a similar amendment in its version of the NDAA, it is unlikely to be removed during the reconciliation process of both versions of NDAA. President Obama may veto the bill but the reason won’t be one, uncontroversial amendment, but rather disputes over the Overseas Contingency Operations budget that became a back door for the Congress to bypass restrictions imposed by sequestration.

There is certainly pro-Taiwan element in the amendment. Support for Taiwan has always been a bipartisan issue, a rare quality in the Congress engaged in political bickering between the GOP-controlled legislature and Obama administration. For congressional friends of Taiwan, this amendment is a win-win proposition. It demonstrates Congress’ resolve vis-à-vis China and, at the same time, inclusion of Taiwan in amendments to NDAA is certain to generate positive news in Taipei.

However, amendment or not, China is unlikely to receive an invitation to join RIMPAC 2016 anyway. China’s debut participation in RIMPAC last year was controversial from the onset. Moreover, to dispel any positive impressions, Beijing put on a comical twist on its participation by sending a spy ship that was monitoring the exercises from a distance. By doing so, Beijing gave Washington a golden opportunity to emphasise that just as China did not break any rule by sending such a vessel, nor does the US violate standing international law when it conducts patrols and surveillance outside China’s territorial waters and within its Exclusive Economic Zone (EEZ). That’s worth noting because it’s Beijing who insists that it has the right to regulate third party military activity within the 200 nautical miles zone delimitating its EEZ. If the Pentagon wanted to make Chinese participation in the exercise look awkward, it would have hardly do better than the Chinese themselves. Beijing has now upped the ante in its neighbourhood once again by embarking on large-scale island reclamation in the South China Sea, prompting the US to strengthen their patrols in the area. In the light of this development, the chances that Washington would invite China back next year are not exactly high. Thus, the amendment and the publicity it received is—in practical terms—much ado about nothing.

The eagerness on Taiwan’s side is easy to understand. Lacking broad international recognition, multilateral exercises like RIMPAC are typically a no-go for Taiwan. This is not to say that its military does not have opportunities to train with foreign counterparts. There are regular exercises with the Singaporean army in Taiwan while Taiwanese F-16s instructors train at Luke Air Force Base, Arizona. However, the wide array of regular activities simply slips under the radar because both sides need to keep it low-profile. Therefore, if there is a chance to acknowledge the US–Taiwan partnership publicly, it is typically in a manner similar to the reporting on this NDAA amendment.

But if Taiwan were to attend RIMPAC 2016, what would its participation look like? This is of course pure speculation, but it’s plausible that Taiwan’s navy would send the newly commissioned fast replenishment ship AOE-532 Panshih rather than a surface combatant. A lightly-armed support ship would certainly be less controversial than, for example, a Kidd-class destroyer or Lafayette-class frigate. When contemplating Taiwan’s participation, one needs to understand that for Taiwan it is about symbolism first and practical experiences second. A one-off invitation would not mean much in terms of experience but it would carry great symbolic significance—well served by sending the biggest ship in Taiwan’s navy inventory. But for now, Taiwan’s participation in RIMPAC remains a dream.

Syria: don’t just do something, stand there!

U.S. President Barack Obama addresses a joint session of the United States Congress.President Obama’s bizarre choice to give Congress a right to veto a strike on Syria effectively confirms lame-duck status on the rest of his Presidency. He has around 1200 days left in office, a long time for a President whose domestic agenda has been blunted by Congress and who seems unwilling to act decisively on foreign policy.

As Dana Allin and Steven Simon observe in a IISS blog post, there’s no legislative requirement for the President to take a proposal for a military strike to Congress. The Congressional War Powers resolution of 1973 asks the President to consult with Congress ‘in every possible instance’ before committing military forces, but the resolution’s focus is on large-scale deployments of troops. The reality is that Presidents have the executive authority to decide when and where America can use military force—just as Obama did in the strike on Bin Laden. It’s a major backward step for Obama to volunteer this concession to Congress and one that future Presidents will say shouldn’t be taken as a precedent to limit their executive authority. Read more