Law360 Quotes Stephen Kho on Congressional Review Act and Trade

For its article “Congress Takes 1st Steps Toward Defying Biden On Trade,” Law360 quoted Akin international trade partner Stephen Kho. The article looks at initial steps by the Hill to push back against the Biden-Harris administration’s lack of consultation with federal legislators on trade matters, perhaps through use of the Congressional Review Act, which allows Congress to use resolutions to overturn certain executive branch rules. Law360 noted a recent executive-level agreement with Japan on critical minerals that the administration is looking to treat as a free trade agreement as a particular sore point with legislators.

Stephen said that it could be difficult to get legislators to agree on either a resolution or a statutory amendment. He noted three categories of complaints: lawmakers engaging in turf battles over Congress’ role in trade, Democrats who assailed the critical mineral agreement’s lack of labor and environmental safeguards, and others who pushed back against what they consider a perversion of the Inflation Reduction Act’s domestic manufacturing objectives.

Stephen said, “It’s easy to point out the problems. It’s harder to come up with solutions. I’m not sure we’ve seen this Congress really coming up with solutions.” He added that solutions were even less likely when no one in Congress could agree on the fundamental trade objectives.