Lawmakers recently introduced the following trade-related bills:

Sen. Rand Paul, R-Ky., is blocking floor action on H.R. 2576, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, citing its pre-emption of state laws, federal overregulation, and the limited amount of time he has had to read the 180-page bill. Sen. David Vitter and Senate Environment and Public Works Committee Chairman Jim Inhofe, R-Okla., followed up by criticizing Paul’s hold on the floor, saying the provisions of concern were very similar to those in the pre-conference Senate version of the legislation, passed in December (see 1512180021). Paul said he’d continue to object “until we have had time to look at the bill thoroughly.” The legislation would provide the Environmental Protection Agency with more tools to get testing information on chemical substances, clarifies the treatment of trade secrets submitted to EPA, and updates the collection of fees pursuant to the Toxic Substances Control Act (TSCA), among other things. Chemical associations have heralded the legislation for providing both consumer protection and fair regulation (see 1605250053). The American Chemistry Council also criticized Paul, characterizing his objection as bringing the bill “to a grinding halt," in a statement (here).

The fiscal 2017 Homeland Security spending legislation approved by the Senate Appropriations Committee on May 26 would establish a two-year pilot to bolster port of entry tracking of shrimp imports, require CBP to report on the number and amount of outstanding single-transaction bonds, and direct CBP to consider develop its own honey testing capacity, according to the bill’s committee report (here). The bill, which would increase CBP's current $11.057 billion funding level by $125 million in fiscal 2017, instructed CBP to work with the Food and Drug Administration for the shrimp pilot. The agencies should use a "risk based analysis" of data on inspections and audits of imported shrimp, "including countries, ports, and import volumes" and possible information sharing enhancements related to shrimp, it said. Those agencies should also look at possible ways to prevent "shrimp import rejections at one U.S. port being entered at another U.S. port, including data tracking to reduce chances for “successful port shopping,” it said.

The Senate on May 25 by a vote of 55-43 passed a measure (here) that would prevent inspections of Siluriformes fish and related products from transferring from the Food and Drug Administration to the Agriculture Department’s Food Safety and Inspection Service (FSIS), currently set for completion on Sept. 1, 2017. But 21 House lawmakers wrote a letter (here) to House Speaker Paul Ryan, R-Wis., and Minority Leader Nancy Pelosi, D-Calif., requesting that chamber not consider the legislation. They said imported Siluriformes catfish and related products significantly threaten the American public. “Unfortunately, the FDA inspection regime was inadequate and conducted inspections on a mere 0.2 percent of imported catfish species,” the letter says. “Since USDA already inspects farm-raised meats including foreign beef, pork and poultry, Congress decided to apply the same standards to farm-raised catfish so that these products receive comprehensive inspection.” FSIS began the transitional period on April 15, during which it is selecting a subset of Siluriformes fish and fish product imports for reinspection (see 1605040041).

The House and Transportation and Infrastructure Committee on May 25 approved the Water Resources Development Act (WRDA) for full chamber consideration. Lawmakers are working to codify better returns on the amount of harbor maintenance taxes (HMTs) that donor ports collect, Rep. Grace Napolitano, D-Calif., said in an interview. “We hope to be able to [introduce an amendment] during conference or on the floor,” said Napolitano, whose district sits near the Port of Los Angeles. Donor ports are considered ports that receive less than 25 percent of the total amount of HMTs brought in over the last five years and that are located in states where more than 2,000,000 cargo containers were unloaded from or loaded onto vessels in fiscal 2012. The American Association of Port Authorities applauded the committee for addressing several of its recommendations (see 1605240041).

Most CBP inspection activities as well as ACE and the International Trade Data System (ITDS) remain largely shielded from cuts in the Senate Appropriations Committee’s fiscal year 2017 Department of Homeland Security spending legislation, despite the bill's proposal to fund CBP at $11.2 billion, $500 million less than the White House's request. Approved and sent by the full committee to the Senate floor on May 26, the bill pitches $813.2 million in for CBP automation modernization, $27.7 million below the Obama Administration’s request, but the ACE/ITDS budget line comes up only about $100,000 shorter, and automated targeting systems absorb a mere $30,000 cut from the $122.64 million programmed. CBP’s $407.2 million information technology request took the biggest hit of all programs in the automation modernization account, as senators plan to fund that program at $27.3 million less than the White House proposal.

The Senate Homeland Security Appropriations Subcommittee on May 24 approved its fiscal 2017 funding bill, which would provide $11.2 billion for CBP, $500 million less than what the White House requested, according to a committee press release (here). A committee spokesman said the lower figure stems from the subcommittee's decision to diverge from the White House's request to switch the approximately $300 million biometric identity management program from the jurisdiction of the National Protection and Programs Directorate (NPPD) to CBP. The program will remain with NPPD, the spokesman said. The reduction also does not include requested funding for "increases in administrative personnel CBP will not have on board," he said. But the $11.2 will support efforts to hire 23,775 CBP officers, as well as the tactical infrastructure, technology, and aircraft needed to support operations at borders and ports of entry, another committee release says (here). The legislation would also fund recapitalization of non-intrusive inspection equipment, procurement of additional surveillance systems, replacement light-duty enforcement helicopters, and enhancements to drone capabilities.

The House on May 24 passed H.R. 2576, the Frank R. Lautenberg Chemical Safety for the 21st Century Act by a vote of 403-12, sending action to the Senate, which is expected to approve the legislation under expedited procedures this week (see 1605200053). A spokesman for Senate Majority Leader Mitch McConnell did not comment on when senators could consider the legislation for a vote. Industry executives, including those from the apparel and chemical industries, touted the legislation, which is the first overhaul of the Toxic Substances Control Act (TSCA) in 40 years. “We believe this legislation would create a uniform national chemical management standard that both protects consumers and provides regulatory predictability for businesses,” American Apparel and Footwear Association CEO Rick Helfenbein said in a letter to House lawmakers, urging a “yes” vote before the bill was considered (here). The Society of Chemical Manufacturers and Affiliates in a statement praised the legislation for protecting chemical innovation (here). The legislation will provide the Environmental Protection Agency (EPA) with more tools to get testing information on chemical substances, clarifies the treatment of trade secrets submitted to EPA, and updates the collection of TSCA fees, among other things.

Lawmakers recently introduced the following trade-related bills:

CBP should give Congress current figures on the amount of fentanyl the agency has seized in fiscal 2016, along with the estimated street value, weight, and originating country of the synthetic opioid intercepted last fiscal year, Senate Finance Committee Ranking Member Ron Wyden, D-Ore., said in a letter to CBP Commissioner Gil Kerlikowske (here). Wyden called on CBP to describe to Congress by June 20 the efforts it has taken to halt shipments of fentanyl into the U.S., after the agency seized almost 100 times more synthetic opioids in fiscal 2015 than fiscal 2013. The letter also asks whether CBP has the authority to seize Fentanyl precursor chemicals if there is “reasonable suspicion” that they would be used to produce the drug or an analog. CBP should also provide information on the agency's monitoring of the movement of pill presses and what “best practices” CBP has learned from express courier partnerships, specifically with regard to combatting new challenges to interdiction posed by e-commerce.