The two top Republicans on the House and Senate foreign affairs committees are asking for an explanation from the State Department for why it waived sanctions against the company behind the Nord Stream 2 gas pipeline project (see 2105200055). Sen. Jim Risch of Idaho and Rep. Michael McCaul of Texas said they are “very concerned and disappointed’ by the decision to not sanction Nord Stream 2 AG and asked Secretary of State Antony Blinken to “justify this decision in specific detail” before the House and Senate. “We strongly disagree that it is in the national interests of the United States to issue this waiver, as it will further enable Russian leverage over European allies’ energy supply,” the lawmakers said in a May 25 letter.
Sen. Ben Sasse, R-Neb., introduced an amendment May 25 to the Endless Frontier Act that would withhold the additional funding in the bill until the Commerce Department “completes the identification of emerging and foundational technologies as required under section 1758(a) of the Export Control Reform Act.” The Bureau of Industry and Security has identified dozens of emerging technologies but has not identified any foundational technologies (see 2104070026).
A bipartisan bill in the Senate called the "Safeguard Tribal Objects of Patrimony Act of 2021" will be the topic of a legislative hearing in the Senate Indian Affairs Committee May 26. If passed, it would explicitly prohibit the export of Native American cultural items or archeological finds covered by previous laws, and establish an export licensing system for Native American goods to make sure those exports are prevented. The same bill passed the Senate in December, lead sponsor Sen. Martin Heinrich, D-N.M., said when the bill was reintroduced. The bipartisan Senate bill also has a bipartisan House equivalent, sponsored by Reps. Teresa Leger Fernández, D-N.M.; Don Young, R-Alaska; Tom Cole, R-Okla.; and Rep. Sharice Davids, D-Kan.
Sen. Lindsey Graham, R-S.C., has proposed that CBP be given the authority to exclude from entry into the U.S. any articles produced by a foreign firm that misappropriated a trade secret, when that theft has been proven by either a court or the International Trade Commission, under Section 337. The amendment, published May 24 in the Congressional Record, notes that the Section 337 process may not provide complete relief "because the foreign person has used or is reasonably likely to use the misappropriated trade secret in the home country of the foreign person or a third country."
Republican Sens. Marco Rubio of Florida and John Cornyn of Texas introduced a bill to bolster the ability of U.S. foreign investment reviews to cover genetic information. The Genomics Expenditures and National Security Enhancement Act would require mandatory filings to the Committee on Foreign Investment in the U.S. for “any deal” that involves a company working with genetic information, Rubio said May 20. Under the bill, CFIUS would be required to consult with the Department of Health and Human Services on any deal that involves a “genetic data transaction,” which would increase “cross-agency awareness” of these transactions. The bill would also require CFIUS to include the Senate’s Select Committee on Intelligence and the Foreign Relations Committee in its briefings.
Seventeen House Republicans introduced a resolution that opposes removing sanctions on a company and executive connected to the Nord Stream 2 pipeline. Rep. Richard Hudson, R-N.C., on May 20 introduced the resolution, which is not binding on the administration, even if it were to pass both chambers. Republicans have been publicly criticizing the decision (see 2105200055).
Rep. Alexandria Ocasio-Cortez, D-N.Y., and 14 colleagues introduced a joint resolution to halt a recently notified sale of weapons to Israel. "For decades, the U.S. has sold billions of dollars in weaponry to Israel without ever requiring them to respect basic Palestinian rights. In so doing, we have directly contributed to the death, displacement and disenfranchisement of millions,” she said in a press release announcing the resolution.
Eight House members, four Democrats and four Republicans, wrote to U.S. Trade Representative Katherine Tai that five months of consultations is more than enough, and it's time to push for a binding resolution to the administration of dairy tariff rate quotas in Canada. Under the USMCA, the next steps could be Canada and the U.S. agreeing to conciliation or mediation, or the U.S. could call for a dispute settlement panel. Reps. Ron Kind, D-Wis.; Tom Reed, R-N.Y.; Antonio Delgado, D-N.Y.; Glenn Thompson, R-Pa.; Suzan DelBene, D-Wash.; Dusty Johnson, R-S.D.; Jim Costa, D-Calif.; and David Valadao, R-Calif., sent the letter May 21, and in it noted that Canada reserves part of its quotas for processors in Canada, a factor that undermines the ability of American dairy exporters to use the TRQs.
No date has been scheduled yet for a vote on the China package championed by Senate Majority Leader Chuck Schumer, D-N.Y., and Sen. Todd Young, R-Ind., but lengthy amendments from senators are continuing to flow in, many with trade implications.
Sen. Mitt Romney, R-Utah, says there is the potential for a bipartisan consensus on a strategy to compete with China. Romney, who was speaking at a U.S. Chamber of Commerce program May 19, said the two parties are more united than they were two years ago, as they recognize China's threat to liberal democracies. He said that "China’s rise is the result really of their economic resources, and those are resources that are built in part through predatory practices, particularly subsidized or predatory pricing which allows them to put western businesses out of business...."