Indiana Republican Sen. Todd Young, who co-led the Endless Frontier bill with Majority Leader Sen. Chuck Schumer of New York, said he hopes to learn more soon about when conferees might be named to negotiate a compromise between the House and the Senate approaches to a China package. "I'm supposed to huddle up with Sen. Schumer today. I need to approach him. I have not had an opportunity to personally chat with him about the state of things," Young said in a brief hallway interview Nov. 30.
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Sen. Marco Rubio's attempt to get the Senate version of the Uyghur Forced Labor Prevention Act appended to the National Defense Authorization Act was rejected by the Armed Services Committee chairman. But the House and Senate will likely try to get on the same page on how to change the burden of proof for forced labor content in Xinjiang products through a separate conference committee dealing with the Senate's China package and House efforts to address China.
The China package passed by the Senate -- which includes instructions to reopen Section 301 tariff exclusion applications, and a renewal of both the Generalized System of Preferences benefits program and the Miscellaneous Tariff Bill -- will go to a conference committee to reconcile the Senate bill with various pieces of House legislation, one of which changes the burden of proof on goods from Xinjiang. None of the House bills touches on tariffs, and none offers funding for chipmakers, a centerpiece of the Senate bill. Senate Majority Leader Chuck Schumer, D-N.Y. had earlier planned to attach the China package to the must-past National Defense Authorization Act, but after Republican opposition, they decided this was a better way to get the House-Senate talks going.
Senate Majority Leader Chuck Schumer, in a letter to colleagues, said it's "likely" that the Senate will consider the National Defense Authorization Act this week, and the China package that passed the Senate in June may be attached to it. That bill, the U.S. Innovation and Competition Act of 2021, included a renewal of the Generalized System of Preferences benefits program and the Miscellaneous Tariff Bill (see 2106090041). Schumer said “there seems to be fairly broad” bipartisan support for adding USICA to the National Defense Authorization Act, which would allow a USICA negotiation with the House “to be completed alongside” the NDAA before the end of the year. The House plans to write its own version of USICA.
David Spooner, Washington counsel for the U.S. Fashion Industry Association, said that while the U.S. trade representative's China policy speech was underwhelming, he doesn't think the possibility of renewing 549 exclusions that expired at the end of last year will be the only olive branch to importers hurt by the China trade war. "Will we see other [expired] exclusions open to renewal? A new window open for exclusions? I hear 'yes.' When that will happen, and what that will look like, remains unclear," Spooner said at a virtual USFIA conference Nov. 9.
A bill that would flip the burden of proof on forced labor to say that goods either made in Xinjiang or made by a company that accepts workers transferred from Xinjiang are made with forced labor unless proven otherwise has been attached to the National Defense Authorization Act in the Senate. That means the Uyghur Forced Labor Prevention Act is more likely to pass the Senate before the end of the year.
Sen. Jeff Merkley of Oregon, the co-chair of the Congressional Executive Commission on China, said that in order to transition as soon as possible to renewable energy without doing so "on the backs of slave labor," the House of Representatives "must pass and the president must sign into law the Uyghur Forced Labor Prevention Act." The Senate passed a version of this bill in July; a House version was included in the EAGLE Act, which passed out of the House Foreign Affairs Committee, and Merkley's co-chair, Rep Jim McGovern of Massachusetts, said he felt the Senate approach was not strong enough (see 2107290018). Merkley and McGovern are both Democrats.
The House is not clamoring to take up the Senate-passed Uyghur Forced Labor Prevention Act, as Democrats weigh the fact that aligning with the Senate may mean a bill becomes law sooner, with their view that the House approach is stronger.