For more information on pursuing trade policy interests through the legislative process, please contact Nicole Bivens Collinson at (202) 730-4956 or via email.
AGOA. The AGOA Extension and Enhancement Act (H.R. 10366, introduced Dec. 11 by Rep. James, R-Mich.) would reauthorize the African Growth and Opportunity Act through Sept. 30, 2037. The bill would also make various revisions to AGOA, including adding eligibility criteria and allowing for a wider range of enforcement options for non-compliance with those criteria.
China. The Realizing Economic and Strategic Objectives while Leading with Values and Engagement Act (S. 5491, introduced Dec. 11 by Sen. Cardin, D-Md.) would mobilize U.S. strategic, economic, and diplomatic tools to confront the challenges posed by China and to set a positive agenda for U.S. economic and diplomatic efforts abroad. Specific provisions include creating tools to counter Chinese economic coercion, establishing authorities to counter Chinese aggression against Taiwan, and supporting foreign partners in establishing foreign investment screening procedures akin to those in the U.S.
Customs. The Senate Committee on Homeland Security and Governmental Affairs reported Dec. 9 the Enhancing Southbound Inspections to Combat Cartels Act (S. 1897), which would require the Department of Homeland Security to ensure that 20 percent of vehicles crossing the border from the U.S. to Mexico are inspected and to hire hundreds of new officers and special agents to conduct such inspections.
The same committee also amended and reported Dec. 9 the CATCH Fentanyl Act (S. 4062), which would establish a pilot program to assess the use of technology to speed up and enhance the cargo inspection process at land ports of entry.
Export controls. The Senate Committee on Homeland Security and Governmental Affairs amended and reported Dec. 9 the Vessel Tracking for Sanctions Enforcement Act (S. 2248), which would require (1) a pilot program on the use of big data analytics to identify vessels evading sanctions and export controls and (2) a report on the availability in the U.S. of emerging and foundational technologies subject to export controls.
H.R. 10376 (introduced Dec. 11 by Rep. Wittman, R-Va.) would (1) require a license for the export, reexport, or in-country transfer of black mass (recycled lithium-ion battery materials) and swarf (magnet manufacturing byproducts) if the end-user is a foreign adversary or related entity and (2) establish a review policy of denial for applications for such licenses.
Import fees. Sens. Cassidy, R-La., and Graham, R-S.C., announced recently a draft version of their Foreign Pollution Fee Act, which they said would impose fees on imported iron and steel, cement, aluminum, glass, and fertilizer based on their pollution intensity. Such fees would increase along with the difference in pollution between the foreign country and the U.S. and would apparently be highest on imports from Russia, India, South Africa, and China. The fees could be waived or reduced under certain exceptions, including national security needs and domestic sourcing constraints.
Tariffs. Ten public interest groups wrote to members of Congress Dec. 11 urging them to restore congressional control over tariff policy by passing legislation during the lame duck session such as S. 5066, the No Taxation Without Representation Act; S. 1060, the Global Trade Accountability Act; or H.R. 10181, the Prevent Tariff Abuse Act. The letter asserts that President-elect Trump’s stated commitment to increase U.S. import tariffs will not have the desired effects of reversing the U.S. trade deficit or extracting concessions from China and instead will likely result in a net loss in domestic employment as well as foreign retaliation against U.S. exporters. The letter therefore calls on Congress to restrain “the president’s immense powers to set tariff rates,” which “fly in the face of the Constitution’s clear vesting of such powers in Congress.”
Ways and Means members. House Ways and Means Committee Chair Jason Smith, R-Mo., announced Dec. 13 the addition of the following four Republican members to the committee for the 119th Congress: Aaron Bean (Fla.), Max Miller (Ohio), Nathaniel Moran (Texas), and Rudy Yakym (Ind.).
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