Background

For more information on pursuing trade policy interests through the legislative process, please contact Nicole Bivens Collinson at (202) 730-4956 or via email.

Tariffs. The Congressional Trade Powers Reform Act (S. 5081, introduced July 22 by Sen. Wyden, D-Ore.) would (1) require congressional approval for Section 301, 232, and 201 tariffs proposed by the president, (2) eliminate tariff authority under sections 122 and 338, (3) establish a bicameral Joint Committee on Tariffs and Trade to support Congress’s oversight over tariffs and trade, (4) create the positions of chief congressional trade representative for negotiations and chief congressional trade representative for monitoring and enforcement to facilitate the JCTT’s oversight, (5) clarify that binding trade agreements require congressional approval, and (6) moving USTR outside of the Executive Office of the President and installing an inspector general.

The Stop EU Overreach Act (H.R. 9892, introduced July 23 by Rep. Goldman, R-Texas) would require USTR to initiate a Section 301 investigation into the European Union’s extraterritorial sustainability regulatory regime. This investigation would consider if the EU’s use of the corporate sustainability due diligence directive, corporate sustainability reporting directive, deforestation regulation, and carbon border adjustment mechanism constitutes an unreasonable or discriminatory trade practice burdening U.S. commerce. USTR would also be instructed to identify appropriate remedies to counter any such burdens, which could include import tariffs.

Imports. The House of Representatives approved July 20 the Destruction of Hazardous Imports Act (H.R. 2715), which authorizes the Food and Drug Administration to order the destruction, without the opportunity for export, of any food, drug, medical device, tobacco product, or cosmetic that is refused admission to the U.S. if it presents a significant public health concern.

S. 5043 (introduced July 21 by Sen. Budd, R-N.C.) would direct the FDA to prevent the importation of counterfeit, unapproved, misbranded, or adulterated drugs from China or other foreign countries and would establish enhanced safeguards for imported drug products.

The Senate Commerce, Science, and Transportation Committee amended and favorably reported July 22 the Connected Vehicle Security Act (S. 4429), which would (1) prohibit the importation, manufacture, sale, resale, or introduction into interstate commerce of connected vehicles and related software and hardware associated with China or other foreign adversaries, including joint ventures or entities under their control, (2) empower the Department of Commerce to identify and block high-risk vehicle technologies, components, and transactions that threaten U.S. economic or national security, (3) establish enforcement mechanisms to ensure prohibited technologies are kept out of the U.S. market, and (4) phase in implementation, with vehicle and software restrictions taking effect in 2027 and hardware restrictions in 2030.

Exports. The Values in Arms Export Act (S. 5082, introduced July 22 by Sen. Murray, D-Wash.) would amend the Arms Export Control Act to provide for better monitoring and verification of the use of defense articles and defense services by countries of concern. Among other things the bill provides for a ten-year ban on arms sales to countries of concern that meet certain criteria.

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