[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 177 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 177

  To provide for congressional review of the imposition of duties and 
 other trade measures by the executive branch, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 20, 2017

    Mr. Lee introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To provide for congressional review of the imposition of duties and 
 other trade measures by the executive branch, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Global Trade Accountability Act of 
2017''.

SEC. 2. CONGRESSIONAL REVIEW OF UNILATERAL TRADE ACTIONS.

    (a) In General.--Chapter 5 of title I of the Trade Act of 1974 (19 
U.S.C. 2191 et seq.) is amended by adding at the end the following:

``SEC. 155. CONGRESSIONAL REVIEW OF UNILATERAL TRADE ACTIONS.

    ``(a) Unilateral Trade Action Defined.--
            ``(1) In general.--In this section, the term `unilateral 
        trade action' means any of the following actions taken with 
        respect to the importation of an article pursuant to a 
        provision of law specified in paragraph (2):
                    ``(A) A prohibition on importation of the article.
                    ``(B) The imposition of or an increase in a duty 
                applicable to the article.
                    ``(C) The imposition or tightening of a tariff-rate 
                quota applicable to the article.
                    ``(D) The imposition or tightening of a 
                quantitative restriction on the importation of the 
                article.
                    ``(E) The suspension, withdrawal, or prevention of 
                the application of trade agreement concessions with 
                respect to the article.
                    ``(F) Any other restriction on importation of the 
                article.
            ``(2) Provisions of law specified.--The provisions of law 
        specified in this paragraph are the following:
                    ``(A) Section 122.
                    ``(B) Title III.
                    ``(C) Sections 406, 421, and 422.
                    ``(D) Section 338 of the Tariff Act of 1930 (19 
                U.S.C. 1338).
                    ``(E) Section 232 of the Trade Expansion Act of 
                1962 (19 U.S.C. 1862).
                    ``(F) Section 103(a) of the Bipartisan 
                Congressional Trade Priorities and Accountability Act 
                of 2015 (19 U.S.C. 4202(a)).
                    ``(G) The Trading with the Enemy Act (50 U.S.C. 
                4301 et seq.).
                    ``(H) The International Emergency Economic Powers 
                Act (50 U.S.C. 1701 et seq.).
                    ``(I) Any provision of law enacted to implement a 
                trade agreement to which the United States is a party.
            ``(3) Exception for technical corrections to harmonized 
        tariff schedule.--A technical correction to the Harmonized 
        Tariff Schedule of the United States shall not be considered a 
        unilateral trade action for purposes of this section.
    ``(b) Congressional Approval Required.--Except as provided by 
subsection (d), a unilateral trade action may not take effect unless--
            ``(1) the President submits to Congress and to the 
        Comptroller General of the United States a report that 
        includes--
                    ``(A) a description of the proposed unilateral 
                trade action;
                    ``(B) the proposed effective period for the action;
                    ``(C) an analysis of the action, including whether 
                the action is in the national economic interest of the 
                United States;
                    ``(D) an assessment of the potential effect of 
                retaliation from trading partners affected by the 
                action; and
                    ``(E) a list of articles that will be affected by 
                the action by subheading number of the Harmonized 
                Tariff Schedule of the United States; and
            ``(2) a joint resolution of approval is enacted pursuant to 
        subsection (e).
    ``(c) Report of Comptroller General.--Not later than 15 days after 
the submission of the report required by subsection (b)(1) with respect 
to a proposed unilateral trade action, the Comptroller General shall 
submit to Congress a report on the proposed action that includes an 
assessment of the compliance of the President with the provision of law 
specified in subsection (a)(2) pursuant to which the action would be 
taken.
    ``(d) Temporary Authority.--Notwithstanding any other provision of 
this section, a unilateral trade action may take effect for one 90-
calendar-day period (without renewal) if the President--
            ``(1) determines that is necessary for the unilateral trade 
        action to take effect because the action is--
                    ``(A) necessary because of a national emergency;
                    ``(B) necessary because of an imminent threat to 
                health or safety;
                    ``(C) necessary for the enforcement of criminal 
                laws; or
                    ``(D) necessary for national security; and
            ``(2) submits written notice of the determination to 
        Congress.
    ``(e) Procedures for Joint Resolution.--
            ``(1) Joint resolution defined.--For purposes of this 
        subsection, the term `joint resolution' means only a joint 
        resolution of either House of Congress, the matter after the 
        resolving clause of which is as follows: `That Congress 
        approves the action proposed by the President under section 
        155(b) of the Trade Act of 1974 in the report submitted to 
        Congress under that section on _______.', with the blank space 
        being filled with the appropriate date.
            ``(2) Introduction.--After a House of Congress receives a 
        report under subsection (b)(1) with respect to a unilateral 
        trade action, the majority leader of that House (or his or her 
        respective designee) shall introduce (by request, if 
        appropriate) a joint resolution--
                    ``(A) in the case of the House of Representatives, 
                within 3 legislative days; and
                    ``(B) in the case of the Senate, within 3 session 
                days.
            ``(3) Application of section 152.--The provisions of 
        subsections (b) through (f) of section 152 shall apply to a 
        joint resolution under this subsection to the same extent those 
        provisions apply to a resolution under section 152.
    ``(f) Report by the United States International Trade Commission.--
Not later than 12 months after the date of a unilateral trade action 
taken pursuant to this section, the United States International Trade 
Commission shall submit to the Committee on Finance of the Senate and 
the Committee on Ways and Means of the House of Representatives a 
report on the effects of the action on the United States economy, 
including a comprehensive assessment of the economic effects of the 
action on producers and consumers in the United States.''.
    (b) Clerical Amendment.--The table of contents for the Trade Act of 
1974 is amended by inserting after the item relating to section 154 the 
following:

``Sec. 155. Congressional review of unilateral trade actions.''.
    (c) Conforming Amendments.--
            (1) Balance-of-payments authority.--Section 122 of the 
        Trade Act of 1974 (19 U.S.C. 2132) is amended--
                    (A) in subsection (a), in the flush text following 
                paragraph (3), by inserting ``and subject to approval 
                under section 155'' after ``Congress)'';
                    (B) in subsection (c), in the flush text following 
                paragraph (2), by inserting ``and subject to approval 
                under section 155'' after ``Congress)''; and
                    (C) in subsection (g), by inserting ``and subject 
                to approval under section 155'' after ``of this 
                section''.
            (2) Rules of house and senate.--Section 151(a) of the Trade 
        Act of 1974 (19 U.S.C. 2191(a)) is amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``and 153'' and inserting ``, 153, and 155''; 
                and
                    (B) in paragraph (1), by striking ``and 153(a)'' 
                and inserting ``, 153(a), and 155(e)''.
            (3) Enforcement of rights under trade agreements.--Title 
        III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) is 
        amended--
                    (A) in section 301--
                            (i) in subsection (a), in the flush text, 
                        by inserting ``to approval under section 155 
                        and'' after ``subsection (c), subject''; and
                            (ii) in subsection (b)(2), by inserting 
                        ``to approval under section 155 and'' after 
                        ``subsection (c), subject'';
                    (B) in section 305(a)(1), by inserting ``to 
                approval under section 155 and'' after ``section 301, 
                subject''; and
                    (C) in section 307(a)(1), in the matter preceding 
                subparagraph (A), by inserting ``to approval under 
                section 155 and'' after ``any action, subject''.
            (4) Market disruption.--Section 406 of the Trade Act of 
        1974 (19 U.S.C. 2436) is amended--
                    (A) in subsection (b), in the matter preceding 
                paragraph (1), by striking ``With respect to'' and 
                inserting ``Subject to approval under section 155, with 
                respect to''; and
                    (B) in subsection (c), in the second sentence, by 
                striking ``If the President'' and inserting ``Subject 
                to approval under section 155, if the President''.
            (5) Action to address market disruption.--Section 421 of 
        the Trade Act of 1974 (19 U.S.C. 2451) is amended--
                    (A) in subsection (a), by inserting ``and subject 
                to approval under section 155'' after ``of this 
                section'';
                    (B) in subsection (i)(4)(A), by inserting ``, 
                subject to approval under section 155,'' after 
                ``provisional relief and'';
                    (C) in subsection (k)(1), by striking ``Within 15 
                days'' and inserting ``Subject to section 155, within 
                15 days'';
                    (D) by striking subsection (m) and by redesignating 
                subsections (n) and (o) as subsections (m) and (n), 
                respectively;
                    (E) in subsection (m), as redesignated by 
                subparagraph (D)--
                            (i) in paragraph (1), by striking 
                        ``subsection (m)'' and inserting ``this 
                        section''; and
                            (ii) in paragraph (2), by inserting ``and 
                        subject to approval under section 155'' after 
                        ``paragraph (1)''; and
                    (F) in paragraph (3) of subsection (n), as 
                redesignated by subparagraph (D), by striking 
                ``subsection (m)'' and inserting ``this section''.
            (6) Action in response to trade diversion.--Section 422(h) 
        of the Trade Act of 1974 (19 U.S.C. 2451a(h)) is amended by 
        striking ``Within 20 days'' and inserting ``Subject to approval 
        under section 155, within 20 days''.
            (7) Discrimination by foreign countries.--Section 338 of 
        the Tariff Act of 1930 (19 U.S.C. 1338) is amended--
                    (A) in subsection (a), in the matter preceding 
                paragraph (1), by inserting ``, subject to approval 
                under section 155 of the Trade Act of 1974,'' after 
                ``by proclamation'';
                    (B) in subsection (b), by inserting ``subject to 
                approval under section 155 of the Trade Act of 1974 
                and'' after ``hereby authorized,'';
                    (C) in subsection (c), by striking ``Any 
                proclamation'' and inserting ``Subject to approval 
                under section 155 of the Trade Act of 1974, any 
                proclamation'';
                    (D) in subsection (d), by inserting ``subject to 
                approval under section 155 of the Trade Act of 1974 
                and'' after ``he shall,''; and
                    (E) in subsection (e), by inserting ``subject to 
                approval under section 155 of the Trade Act of 1974 
                and'' after ``he shall,''.
            (8) Safeguarding national security.--Section 232(c)(1)(B) 
        of the Trade Expansion Act of 1962 (19 U.S.C. 1862(c)(1)(B)) is 
        amended by inserting ``, subject to approval under section 155 
        of the Trade Act of 1974,'' after ``shall''.
            (9) Bipartisan congressional trade priorities and 
        accountability act of 2015.--Section 103(a) of the Bipartisan 
        Congressional Trade Priorities and Accountability Act of 2015 
        (19 U.S.C. 4202(a)) is amended--
                    (A) in paragraph (1)(B), by inserting ``and 
                approval under section 155 of the Trade Act of 1974'' 
                after ``paragraphs (2) and (3)''; and
                    (B) in paragraph (7), by inserting ``and approval 
                under section 155 of the Trade Act of 1974'' after 
                ``3524)''.
            (10) International emergency economic powers act.--Section 
        203(a)(1)(B) of the International Emergency Economic Powers Act 
        (50 U.S.C. 1702(a)(1)(B)) is amended by inserting ``(subject to 
        section 155 of the Trade Act of 1974)'' after ``importation''.
            (11) Trading with the enemy act.--Section 11 of the Trading 
        with the Enemy Act (50 U.S.C. 4311) is amended by striking 
        ``Whenever'' and inserting ``Subject to approval under section 
        155 of the Trade Act of 1974, whenever''.
            (12) Free trade agreement implementing bills.--
                    (A) North american free trade agreement 
                implementation act.--Section 201 of the North American 
                Free Trade Agreement Implementation Act (19 U.S.C. 
                3331) is amended--
                            (i) in subsection (a)(1), in the matter 
                        preceding subparagraph (A), by striking ``may'' 
                        and inserting ``may, subject to approval under 
                        section 155 of the Trade Act of 1974,''; and
                            (ii) in subsection (b)(1), in the matter 
                        preceding subparagraph (A), by striking ``and 
                        the consultation and layover requirements of 
                        section 103(a)'' and inserting ``, the 
                        consultation and layover requirements of 
                        section 103(a), and approval under section 155 
                        of the Trade Act of 1974,''.
                    (B) Uruguay round agreements act.--Section 111 of 
                the Uruguay Round Agreements Act (19 U.S.C. 3521) is 
                amended--
                            (i) in subsection (a), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        subject to approval under section 155 of the 
                        Trade Act of 1974'' after ``2902)'';
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        approval under section 155 of the Trade Act of 
                        1974'' after ``section 115'';
                            (iii) in subsection (c)(1)(A), in the flush 
                        text at the end, by striking ``may'' and 
                        inserting ``may, subject to approval under 
                        section 155 of the Trade Act of 1974,''; and
                            (iv) in subsection (e)(1), in the matter 
                        preceding subparagraph (A), by inserting ``and 
                        approval under section 155 of the Trade Act of 
                        1974'' after ``section 115''.
                    (C)  United states-israel free trade area 
                implementation act of 1985.--Section 4 of the United 
                States-Israel Free Trade Area Implementation Act of 
                1985 (Public Law 99-47; 19 U.S.C. 2112 note) is 
                amended--
                            (i) in subsection (a), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        subject to approval under section 155 of the 
                        Trade Act of 1974'' after ``subsection (c)''; 
                        and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        subject to approval under section 155 of the 
                        Trade Act of 1974'' after ``subsection (c)''.
                    (D)  United states-jordan free trade area 
                implementation act.--Section 101 of the United States-
                Jordan Free Trade Area Implementation Act (Public Law 
                107-43; 19 U.S.C. 2112 note) is amended--
                            (i) in subsection (a), in the matter 
                        preceding paragraph (1), by striking ``may'' 
                        and inserting ``may, subject to approval under 
                        section 155 of the Trade Act of 1974,''; and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by striking ``may'' 
                        and inserting ``may, subject to approval under 
                        section 155 of the Trade Act of 1974,''.
                    (E) Dominican republic-central america-united 
                states free trade agreement implementation act.--
                Section 201 of the Dominican Republic-Central America-
                United States Free Trade Agreement Implementation Act 
                (19 U.S.C. 4031) is amended--
                            (i) in subsection (a)(1), in the matter 
                        preceding subparagraph (A), by striking ``may'' 
                        and inserting ``may, subject to approval under 
                        section 155 of the Trade Act of 1974,''; and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        approval under section 155 of the Trade Act of 
                        1974'' after ``section 104''.
                    (F) United states-chile free trade agreement 
                implementation act.--Section 201 of the United States-
                Chile Free Trade Agreement Implementation Act (Public 
                Law 108-77; 19 U.S.C. 3805 note) is amended--
                            (i) in subsection (a)(1), in the matter 
                        preceding subparagraph (A), by striking ``may'' 
                        and inserting ``may, subject to approval under 
                        section 155 of the Trade Act of 1974,''; and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        approval under section 155 of the Trade Act of 
                        1974'' after ``section 103(a)''.
                    (G) United states-singapore free trade agreement 
                implementation act.--Section 201 of the United States-
                Singapore Free Trade Agreement Implementation Act 
                (Public Law 108-78; 19 U.S.C. 3805 note) is amended--
                            (i) in subsection (a), in the matter 
                        preceding paragraph (1), by striking ``may'' 
                        and inserting ``may, subject to approval under 
                        section 155 of the Trade Act of 1974,''; and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        approval under section 155 of the Trade Act of 
                        1974'' after ``section 103(a)''.
                    (H) United states-australia free trade agreement 
                implementation act.--Section 201 of the United States-
                Australia Free Trade Agreement Implementation Act 
                (Public Law 108-286; 19 U.S.C. 3805 note) is amended--
                            (i) in subsection (a), in the matter 
                        preceding paragraph (1), by striking ``may'' 
                        and inserting ``may, subject to approval under 
                        section 155 of the Trade Act of 1974,''; and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        approval under section 155 of the Trade Act of 
                        1974'' after ``section 104''.
                    (I) United states-morocco free trade agreement 
                implementation act.--Section 201 of the United States-
                Morocco Free Trade Agreement Implementation Act (Public 
                Law 108-302; 19 U.S.C. 3805 note) is amended--
                            (i) in subsection (a)(1), in the matter 
                        preceding subparagraph (A), by striking ``may'' 
                        and inserting ``may, subject to approval under 
                        section 155 of the Trade Act of 1974,''; and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        approval under section 155 of the Trade Act of 
                        1974'' after ``section 104''.
                    (J) United states-bahrain free trade agreement 
                implementation act.--Section 201 of the United States-
                Bahrain Free Trade Agreement Implementation Act (Public 
                Law 109-169; 19 U.S.C. 3805 note) is amended--
                            (i) in subsection (a)(1), in the matter 
                        preceding subparagraph (A), by striking ``may'' 
                        and inserting ``may, subject to approval under 
                        section 155 of the Trade Act of 1974,''; and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        approval under section 155 of the Trade Act of 
                        1974'' after ``section 104''.
                    (K) United states-oman free trade agreement 
                implementation act.--Section 201 of the United States-
                Oman Free Trade Agreement Implementation Act (Public 
                Law 109-283; 19 U.S.C. 3805 note) is amended--
                            (i) in subsection (a)(1), in the matter 
                        preceding subparagraph (A), by striking ``may'' 
                        and inserting ``may, subject to approval under 
                        section 155 of the Trade Act of 1974,''; and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        approval under section 155 of the Trade Act of 
                        1974'' after ``section 104''.
                    (L) United states-peru trade promotion agreement 
                implementation act.--Section 201 of the United States-
                Peru Trade Promotion Agreement Implementation Act 
                (Public Law 110-138; 19 U.S.C. 3805 note) is amended--
                            (i) in subsection (a)(1), in the matter 
                        preceding subparagraph (A), by striking ``may'' 
                        and inserting ``may, subject to approval under 
                        section 155 of the Trade Act of 1974,''; and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        approval under section 155 of the Trade Act of 
                        1974'' after ``section 104''.
                    (M) United states-korea free trade agreement 
                implementation act.--Section 201 of the United States-
                Korea Free Trade Agreement Implementation Act (Public 
                Law 112-41; 19 U.S.C. 3805 note) is amended--
                            (i) in subsection (a), in the matter 
                        preceding paragraph (1), by striking ``may'' 
                        and inserting ``may, subject to approval under 
                        section 155 of the Trade Act of 1974,''; and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        approval under section 155 of the Trade Act of 
                        1974'' after ``section 104''.
                    (N) United states-colombia trade promotion 
                agreement implementation act.--Section 201 of the 
                United States-Colombia Trade Promotion Agreement 
                Implementation Act (Public Law 112-42; 19 U.S.C. 3805 
                note) is amended--
                            (i) in subsection (a)(1), in the matter 
                        preceding subparagraph (A), by striking ``may'' 
                        and inserting ``may, subject to approval under 
                        section 155 of the Trade Act of 1974,''; and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        approval under section 155 of the Trade Act of 
                        1974'' after ``section 104''.
                    (O) United states-panama trade promotion agreement 
                implementation act.--Section 201 of the United States-
                Panama Trade Promotion Agreement Implementation Act 
                (Public Law 112-43; 19 U.S.C. 3805 note) is amended--
                            (i) in subsection (a)(1), in the matter 
                        preceding subparagraph (A), by striking ``may'' 
                        and inserting ``may, subject to approval under 
                        section 155 of the Trade Act of 1974,''; and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        approval under section 155 of the Trade Act of 
                        1974'' after ``section 104''.
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