Indiana Agency Breaches Transparency Law in Deals with Communist China
Indiana General Assembly Passes Bill to Limit Foreign Adversaries’ Ownership of Indiana Land
The Indiana General Assembly passed a bill to slightly limit foreign adversaries’ ownership of Indiana land on Friday, sending House Bill 1183 to Republican Gov. Eric Holcomb’s desk. Holcomb, as chairman of the Indiana Economic Development Corporation (IEDC), has overseen the state’s 11 pending economic deals with China-owned companies that HB1183 seeks to prohibit.
If Holcomb signs the bill, HB 1183 will go into effect on July 1, 2024. So what will happen with these 11 pending deals between now and July 1? The IEDC could rush to complete its plans before the July deadline. Local governments and communities would have a better chance to apply oversight and stop these deals in that time with more information about who these Chinese companies are and where they are trying to go. But information has not been forthcoming.
The governor’s office, in lockstep with the IEDC, has provided minimal information about these China deals in response to requests from The Federalist, this author, and even the Indiana Senate. However, the IEDC is subject to Indiana’s Open Door Law (ODL), which requires public meetings and the timely distribution of meeting minutes to fulfill “government’s responsibility to foster transparency, trust and accountability for its official actions.”
A review of the posted files related to quarterly public meetings and presentations within IEDC’s “transparency portal” reveals missing 2023 Q4 files, even though we’re already nearly three months past 2023’s fourth quarter. The Indiana Senate began deliberating about HB 1183 in the 2024 legislative session. Many of these deals were likely to be discussed in public meetings during the fourth quarter of 2023, directly preceding the session.
I requested these documents from IEDC. According to the ODL policy, government agencies have seven days to acknowledge a document request and 30 days to provide the missing documents before the next step of a formal complaint. When I called the Office of the Public Access Counselor (which administers Indiana’s Open Door Law) about this, they confirmed that IEDC is subject to Open Door Law and that IEDC is currently in breach of ODL with its missing documents.
Beyond the missing documents, as The Federalist reported, IEDC deters legislative oversight by using “code names” for foreign business deals until they are concluded. These code names obscure the company’s name and country of origin so public discussion is meaningless to the listening public. How does this conduct fulfill the Open Door Law? I asked the Office of the Public Access Counselor (OPAC), which administers ODL. The OPAC is reviewing this question.
The concern is that the IEDC is entertaining, if not actively seeking, deals to sell Indiana land to a country unequivocally considered a grave adversarial threat at least since a Chinese spy balloon traversed the entire continent in February 2023. China, led by the Chinese Communist Party (CCP), is an adversary. The CCP controls all Chinese entities including private businesses, which it has directed to contribute to “national intelligence work.” The IEDC deliberately pursues these de facto CCP deals on U.S. soil in a shroud of secrecy masked as “privacy.”
But privacy has little role in the work of U.S. government. IEDC as a government agency must provide transparency on these 11 China deals and intended business partners generally so state and local government can provide the oversight required in a society ruled by the people through their elected representatives.
How can the lack of information and transparency about these deals affect the ability of local governments and communities to oversee and potentially halt them?
E to the nature of the bill and its impact on foreign ownership of Indiana land. However, as of now, there is a lack of information available to the public regarding these deals and the intentions of the Chinese companies involved.
The passing of HB 1183 by the Indiana General Assembly aims to limit the ownership of Indiana land by foreign adversaries, particularly China-owned companies. Governor Eric Holcomb, who also serves as the chairman of the Indiana Economic Development Corporation (IEDC), is responsible for overseeing the state’s economic deals with these companies. This bill seeks to prohibit such deals and is currently awaiting Governor Holcomb’s signature.
If the bill is signed into law, it will take effect on July 1, 2024. This raises questions about the fate of the 11 pending economic deals between Indiana and China-owned companies that are currently in progress. The IEDC may attempt to expedite these deals before the July deadline, while local governments and communities will have a better opportunity to apply oversight and potentially halt these deals with more information about the Chinese companies involved.
However, obtaining information about these deals has proven to be a challenge. The governor’s office, in collaboration with the IEDC, has provided minimal information in response to inquiries from various sources, including The Federalist, the author of this article, and even the Indiana Senate. This lack of transparency creates concerns as the IEDC is obligated to fulfill the requirements of Indiana’s Open Door Law (ODL), which mandates public meetings and the timely distribution of meeting minutes to ensure government transparency and accountability.
Upon reviewing the transparency portal of the IEDC, it was found that the files related to quarterly public meetings and presentations are incomplete, with missing 2023 Q4 files despite being several months into 2024. This further adds to the lack of information available to the public regarding the ongoing deals and discussions related to HB 1183.
The passage of HB 1183 highlights the importance of transparency in government actions and the need for accountability when it comes to economic deals with foreign entities. It is essential for the public to be informed about these deals to ensure that the state’s interests are protected and that any potential risks or consequences are properly evaluated.
As the bill awaits Governor Holcomb’s decision, it is crucial for the public to demand transparency from their elected officials and to ensure that the requirements of the Open Door Law are upheld. The implications of foreign ownership of Indiana land need to be thoroughly considered and weighed against national security concerns and the long-term interests of the state.
In conclusion, the passing of HB 1183 by the Indiana General Assembly signals a move towards limiting foreign adversaries’ ownership of Indiana land, particularly China-owned companies. The fate of the pending economic deals between Indiana and these companies remains uncertain, and the lack of information available to the public raises concerns about transparency and accountability. It is imperative for the public to be kept informed and for government officials to fulfill their obligations under the Open Door Law. The decision surrounding HB 1183 and the future of foreign ownership of Indiana land will have significant implications for the state and its residents.
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