The Craft Beverage Modernization Act, which covers beer, wine and spirits, will remain in effect through 2020, instead of expiring at the end of this year. Senate Finance Committee Chairman Chuck Grassley, R-Iowa, said that the CBMA made it into a tax extenders package that was negotiated after midnight on Dec. 17. The provision allows importers and exporters a refund on alcohol excise taxes.
A bipartisan group of more than 45 lawmakers urged the Trump administration to impose strict sanctions on China’s treatment of its Uighur population, saying the October addition of 28 Chinese entities to the Commerce Department’s Entity List (see 1910070076) was not enough. “These measures were a first step that do not go far enough in ensuring accountability for China’s government and Communist Party,” the lawmakers said in a Dec. 12 letter to Secretary of State Mike Pompeo, Treasury Secretary Steven Mnuchin and Commerce Secretary Wilbur Ross.
Senate Majority Leader Mitch McConnell, R-Ky., filed cloture Dec. 12 on the FY 2020 National Defense Authorization Act. S. 1790 includes language targeting Huawei and ZTE. McConnell’s cloture motion sets up a likely Senate vote this week. The House approved the measure Wednesday on a 377-48 vote. The House and Senate Armed Services committees released the conference text earlier in the week after months of work to blend the Senate- and House-passed (HR. 2500) measures. The conference version includes a modified text of House-side anti-Huawei language originally sought by Rep. Mike Gallagher, R-Wis., that would modify conditions for the Commerce Department to lift the Bureau of Industry and Security’s addition of Huawei to its entity list. It would require Huawei to prove it “sufficiently resolved or settled” supply chain security issues that led to its inclusion on the BIS entity list. The Commerce Department has since approved Huawei-related export licenses for U.S. companies to have their products included in the Chinese telecom equipment maker's products. The conference NDAA also includes Gallagher’s proposal to direct the president to report to Congress on ZTE's compliance with a 2018 agreement that lifted Commerce's ban on U.S. companies selling telecom software and equipment to ZTE.
Sen. Ron Wyden of Oregon, the senior Democrat on the Finance Committee, and Sen. Sherrod Brown, an Ohio Democrat who voted against NAFTA, have endorsed the NAFTA rewrite, known as the U.S.-Mexico-Canada Agreement. The two had said they would oppose the USMCA unless it included a labor enforcement mechanism that carried consequences for Mexican imports from factories that weren't honoring workers' rights.
Although the Senate Finance Committee will still have a mock markup on the U.S.-Mexico-Canada Agreement, it will happen after the implementing bill has been sent to Congress, so it will be more “mock” than in past deals. The reason the process of Congress weighing in on a trade deal is a mock markup is that under fast track, or Trade Promotion Authority, Congress cannot amend the deals. But typically, the administration sends up a draft implementing bill, and then does incorporate at least some of Congress's suggestions on language before sending the final implementing bill.
A bipartisan bill aimed at sanctioning fentanyl traffickers will be included in the 2020 National Defense Authorization Act expected to pass early next week, according to a Dec. 11 press release from Sens. Chuck Schumer, D-N.Y., and Tom Cotton, R-Ark. The bill was passed in the Senate in June as part of the must-pass defense authorization bill (see 1906270054). In addition to sanctioning Chinese and other fentanyl traffickers, the Fentanyl Sanctions Act would urge the Trump administration to pursue multilateral sanctions with U.S. partners and to create a commission to report on how to better control shipments of synthetic opioids.
Even though the Democrats won some changes to the new NAFTA that are seen as contrary to business interests -- primarily, removing extended patent protection for pharmaceuticals in Canada and Mexico -- business groups celebrated House Speaker Nancy Pelosi's decision to hold a vote on the trade pact. A vote in the House is expected next week, but a Senate vote won't come until next year.
Sens. Lindsey Graham, R-S.C., and Chris Van Hollen, D-Md., urged Secretary of State Mike Pompeo to sanction Turkey, saying in a letter that Turkey’s purchase of Russian missile defense systems should be met with consequences. The senators said Turkey’s July purchase of Russian S-400 missile parts (see 1907150039) falls under the scope of the Countering America’s Adversaries through Sanctions Act.
A top dairy lobbying group announced that executives would be visiting Congress Dec. 4 in what they characterized as “a last-ditch effort to save this deal,” and Farmers for Free Trade sent a letter to the top Republican and top Democrat in each chamber asking that the vote on the U.S.-Mexico-Canada Agreement come as soon as possible. The letter, signed by 2,200 farmers around the country, was sent Dec. 3, and said that trade wars have hurt agriculture badly. “We have suffered from retaliatory tariffs, lost market share, and watched while America’s competitors are seen as more reliable trading partners. The reasons for this crisis are manifold but providing certainty about continued trade with two of our three largest export markets would provide America’s farmers and food manufacturers with a needed boost,” the letter said. “We are counting on our elected officials to champion the folks back home and appreciate your urgent action.”
Although the U.S. trade representative found a way to avoid a congressional vote on a U.S.-Japan trade deal by limiting the size of the initial U.S. tariff reductions, Democrats on the Ways and Means Committee are questioning whether the deal is allowed under the fast-track law. A letter sent Nov. 26, led by Rep. Bill Pascrell, D-N.J., and signed by every Democrat on the committee except the chairman and Rep. John Lewis, D-Ga., did not explicitly say that Democrats believe the law is not being followed, but repeatedly asked under what authority the agreement was reached. Among the specific issues raised were rules of origin or marking rules and whether there would be changes. The letter also asked if there is such a provision, why wasn't it mentioned in the notification to Congress.