For more information on pursuing trade policy interests through the legislative process, please contact Nicole Bivens Collinson at (202) 730-4956 or via email.
De Minimis. The Detection and Exclusion of Negligent, Illicit, and Extralegal Deliveries (DENIED) Act (S. 5435, introduced Dec. 5 by Sens. Blackburn, R-Tenn., and Ossoff, D-Ga.) would prohibit certain entities from entering articles under the administrative exemption from duties for de minimis entries of articles. According to a Politico article, this bill “would task U.S. Customs and Border Protection with creating a list of covered entities within 270 days of enactment, and updating that list every 90 days.”
Enforcement. The House of Representatives passed Dec. 3 the Protecting American Industry and Labor from International Trade Crimes Act (H.R. 9151), which would direct the Department of Justice to establish a new structure dedicated to criminally prosecuting international trade crimes like fraud, tariff evasion, forced labor, and transshipment. It would also provide for training and technical assistance to other federal, state, and local law enforcement agencies, expand investigations and prosecutions, and allow for parallel criminal and civil enforcement actions.
Critical Minerals. The Securing Trade and Resources for Advanced Technology, Economic Growth, and International Commerce (STRATEGIC) Minerals Act (S. 5451, introduced Dec. 5 by Sens. Young, R-Ind., and Coons, D-Del.) would (1) empower the president to negotiate and enforce sector-specific free trade agreements with trusted partners and allies that are exclusively focused on critical minerals and rare earth elements, (2) set trade negotiation objectives to strengthen supply chains of critical minerals and REEs to ensure reliable access and reduce dependence on adversarial nations, (3) exclude non-market economies like China and prevent foreign entities of concern from benefiting from such trade agreements, (4) require the president to consult with Congress before initiating negotiations, and (5) include certain businesses from countries party to such agreements in the definition of domestic sources under strict conditions.
Regulations. H.R. 10300 (introduced Dec. 5 by Rep. Bice, R-Okla.) would provide for congressional review of federal regulations with respect to which the agency explicitly relied on Chevron deference in the proposed rule or a federal court upheld the rule based on Chevron deference.
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