Congress is Back. Let the TIVSA Debate Begin!

By Matthew McMullan
Sep 11 2019 |
Photo by Leo Patrizi / Getty Images

Will lawmakers ban Chinese state-backed companies from federal transit projects, or not?

Congress is back in DC, everybody!

They just got back, and some of them are already ranting about stuff that makes them sound like loons. But soon they’ll be wrestling with legit important, must-pass spending bills like the National Defense Authorization Act. And there’s all kinds of stuff in that bill!

Will the NDAA add some names to the Vietnam Memorial wall? Will it repeal a war authorization against Iraq? Will it ban a toxic chemical from the firefighting foam the military uses?

It could do none, some, or all of those things. It’s a large piece of legislation, and there are unresolved issues in it big and small. Count this among the big ones: Will it allow Chinese state-owned, controlled or subsidized companies to win federal-backed contracts for electric buses and railcars?

This is called the Transit Infrastructure Vehicle Security Act (TIVSA), and you know we’ve been watching its progress for a while. You know it. For one, it’s important: China has poured billions of dollars into its electric vehicle and rolling stock industries and has been able to completely overwhelm foreign markets because that support allows these state-backed companies to underbid their competition. Allowing them access to the federal contract market could cause serious economic damage to thousands of American autoworkers in the future.

What’s more, this issue isn’t settled: Before Congress left for vacation, the Senate passed a version of the NDAA with the whole TIVSA bill in it … and the House version includes a TIVSA with significant carveouts.

Now, Congress is back and legislators have set an ambitious timeline to get the differences resolved and the NDAA passed. As debate begins, will members of Congress take note of municipalities like Miami that are avoiding contracts with China-supported companies like BYD because it considers them an economic and security risk?

Will they weigh the letter, signed by a number of former military leaders, in favor of a strong TIVSA because of the security concerns inherent in these companies’ ties to the Chinese state?

Will they be persuaded by the Trump administration itself, which backed the Senate version of TIVSA?

Will they instead go with the weak and busted House version? Or will they just drop TIVSA altogether so there’s one less thing to disagree about and move the NDAA forward?

Stick with us, readers. We will keep you up to date! And in the meantime, contact your lawmakers and tell them to support the Senate version of this legislation.