For more information on pursuing trade policy interests through the legislative process, please contact Nicole Bivens Collinson at (202) 730-4956 or via email.
China. The Combat Chinese Economic Aggression Act (S. 5016, introduced Sept. 10 by Sen. Casey, D-Pa.) would (1) allow the Committee on Foreign Investment in the U.S. to review all transactions from China, (2) help CFIUS identify and mitigate transactions that would impair U.S. economic and technological competitiveness in industries such as steelmaking, petrochemicals, and energy technology, (3) limit outsourcing and direct investments in foreign countries of concern, particularly China, (4) establish a limit on the amount of content that can come from non-market economies for a good to qualify for preferences under U.S. free trade agreements, (5) limit the amount of content not covered by an FTA’s rule of origin in qualifying goods that may originate from NMEs (20 percent during the first five years an FTA is in effect, 10 percent thereafter, and zero with respect to critical supply chains and capacities), and (6) direct the National Counterintelligence and Security Center to alert the U.S. port and shipping industry to the threat of Chinese-backed shipping and logistics infrastructure, technology, and software to U.S. supply chains.
Imports. S. 5050 (introduced Sept. 12 by Sen. Daines, R-Mont.) would prohibit the importation of the following minerals from Russia until it ends hostilities with Ukraine: braggite, copper, nickel, palladium, platinum, rhodium, ruthenium, and zinc. S. 5052 (introduced Sept. 12 by Sen. Tester, D-Mont.) would prohibit imports of palladium from Russia.
Import Marking. The House Ways and Means Committee amended and reported favorably Sept. 10 the Anti-BDS Labeling Act (H.R. 5179), which would (1) require products made in the Israeli-controlled areas of Judea and Samaria to be marked as originating from “Israel” and (2) require goods made in Gaza or Palestinian-controlled areas of Judea and Samaria to be labeled as made in either “Gaza” or the “West Bank,” not in “Gaza/West Bank.”
Exports. On Sept. 9 the House passed the Remote Access Security Act (H.R. 8152). “While the U.S. has recently prohibited the export of advanced semiconductor chips to Chinese companies, these companies have been circumventing this prohibition by accessing this tech remotely and using it to develop AI and modernize China’s military forces,” a press release from bill sponsor Rep. Lawler, R-N.Y., said. This bill would “ensure China can no longer access this tech through the cloud.”
The Export Control Enforcement and Enhancement Act (H.R. 7151) was approved by the House Sept. 9. This bill would (1) provide for expedited consideration of proposals for additions to, removals from, or other modifications with respect to entities on the Entity List and (2) establish a presumption of denial for all license applications to export items controlled for national security reasons to countries under a U.S. arms embargo.
The House approved Sept. 9 H.R. 6614, which would amend the Export Control Reform Act of 2018 relating to licensing transparency.
Sanctions. On Sept. 9 the House passed H.R. 8361, which would authorize the president to impose property-blocking sanctions on foreign adversary entities that knowingly engage in (1) economic and industrial espionage with respect to trade secrets and proprietary information owned by U.S. persons, (2) the provision of material support or services to foreign adversaries' national security entities, or (3) the violation of U.S. export control laws. The bill would also ease limitations on the president’s ability to restrict imports of exports of information or informational materials following a declaration of national emergency.
The House also passed Sept. 9 the Sanctions List Harmonization Act (H.R. 5613), which would require a review of whether individuals or entities subject to the imposition of certain sanctions through inclusion on certain sanctions lists should also be subject to the imposition of other sanctions and included on other sanctions lists.
Hong Kong. The House approved Sept. 10 the Hong Kong Economic and Trade Office Certification Act (H.R. 1103), which would require the president to annually certify whether HKETOs in the U.S. merit the extension of the privileges, exemptions, and immunities they currently maintain. If no, the HKETOs would have to terminate their operations within six months; if yes, Congress would have the authority to offer a disapproval resolution that, if adopted, would force the administration to revoke these privileges.
Ports. The Secure Our Ports Act (H.R. 9585, introduced Sept. 11 by Rep. Steel, R-Calif.) would prohibit companies owned fully or in-part by state-owned enterprises in China, Russia, North Korea, or Iran from operating or managing a U.S. port.
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