[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1284 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1284

  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

                              May 2, 2019

   Mr. Lee (for himself, Mr. Toomey, Mr. Moran, Mr. Gardner, and Mr. 
Blunt) 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 
2019''.

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) Chapter 1 of title II.
                    ``(C) Title III.
                    ``(D) Section 406.
                    ``(E) Section 338 of the Tariff Act of 1930 (19 
                U.S.C. 1338).
                    ``(F) Section 232 of the Trade Expansion Act of 
                1962 (19 U.S.C. 1862).
                    ``(G) Section 103(a) of the Bipartisan 
                Congressional Trade Priorities and Accountability Act 
                of 2015 (19 U.S.C. 4202(a)).
                    ``(H) The Trading with the Enemy Act (50 U.S.C. 
                4301 et seq.).
                    ``(I) The International Emergency Economic Powers 
                Act (50 U.S.C. 1701 et seq.).
                    ``(J) Any provision of law enacted to implement a 
                trade agreement to which the United States is a party.
                    ``(K) Any provision of 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.--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 economic cost-benefit analysis of the 
                action, including an assessment of--
                            ``(i) whether the action is in the national 
                        economic interest of the United States; and
                            ``(ii) the macroeconomic effects of the 
                        action on--
                                    ``(I) employment in the United 
                                States;
                                    ``(II) the gross domestic product 
                                of the United States; and
                                    ``(III) revenues and expenditures 
                                of the Federal Government; and
                    ``(D) 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 (d) with respect to the action.
    ``(c) Report of Comptroller General.--Not later than 30 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) Procedures for Joint Resolution of Approval.--
            ``(1) Joint resolution of approval defined.--For purposes 
        of this subsection, the term `joint resolution of approval' 
        means a joint resolution of either House of Congress that--
                    ``(A) states that Congress approves an action 
                proposed by the President in a report submitted under 
                subsection (b)(1); and
                    ``(B) describes the action being approved by 
                Congress.
            ``(2) Introduction.--During the period of 45 days after a 
        House of Congress receives a report under subsection (b)(1) 
        with respect to a unilateral trade action, a joint resolution 
        of approval may be introduced by any Member of that House.
            ``(3) Committee consideration.--
                    ``(A) Referral.--A joint resolution of approval 
                introduced in the House of Representatives shall be 
                referred to the Committee on Ways and Means and a joint 
                resolution of approval introduced in the Senate shall 
                be referred to the Committee on Finance.
                    ``(B) Consideration.--The Committee on Ways and 
                Means and the Committee on Finance may, in considering 
                a joint resolution of approval, hold such hearings and 
                meetings and solicit such testimony as the Committee 
                considers appropriate.
                    ``(C) Reporting.--
                            ``(i) In general.--Subject to subparagraph 
                        (D), the Committee on Ways and Means and the 
                        Committee on Finance may, at any time after 
                        receiving a joint resolution of approval, 
                        report the resolution favorably or unfavorably.
                            ``(ii) Subsequent resolutions.--If a 
                        subsequent joint resolution of approval 
                        relating to the same unilateral trade action 
                        proposed in the same report submitted under 
                        subsection (b)(1) is referred to the Committee 
                        on Ways and Means or the Committee on Finance 
                        after the first such resolution is reported or 
                        discharged, the subsequent resolution shall not 
                        be reported under this subparagraph.
                            ``(iii) Placement on calendar.--A joint 
                        resolution of approval reported by the 
                        Committee on Ways and Means or the Committee on 
                        Finance shall lie over one legislative day and 
                        then be placed on the appropriate calendar.
                    ``(D) Discharge.--
                            ``(i) In general.--If the Committee on Ways 
                        and Means or the Committee on Finance has not 
                        reported a joint resolution of approval by the 
                        date that is 15 days after the resolution is 
                        referred to the committee, the resolution shall 
                        be automatically discharged from the committee 
                        and placed on the appropriate calendar.
                            ``(ii) Prohibition on motions to 
                        recommit.--A motion to recommit a joint 
                        resolution of approval shall not be in order.
                            ``(iii) Subsequent resolutions.--If a 
                        subsequent joint resolution of approval 
                        relating to the same unilateral trade action 
                        proposed in the same report submitted under 
                        subsection (b)(1) is referred to the Committee 
                        on Ways and Means or the Committee on Finance 
                        after the first such resolution is reported or 
                        discharged, the subsequent resolution shall not 
                        be discharged under this subparagraph.
            ``(4) Floor consideration in senate.--In the Senate:
                    ``(A) Motion to proceed.--
                            ``(i) Timing.--A motion to proceed to a 
                        joint resolution of approval is in order at any 
                        time after the resolution is placed on the 
                        calendar.
                            ``(ii) Motion by any senator.--Any Senator 
                        may move to proceed to a joint resolution of 
                        approval.
                            ``(iii) Privilege.--A motion to proceed to 
                        the consideration of the joint resolution of 
                        approval is privileged, except that this clause 
                        shall apply only to a motion to proceed to a 
                        joint resolution of approval reported or 
                        discharged from the Committee on Finance under 
                        paragraph (3) or to the first joint resolution 
                        of approval placed on the calendar after 
                        passage in the House of Representatives.
                            ``(iv) Debate.--Debate on a motion to 
                        proceed to a joint resolution of approval is 
                        limited to not more than 5 hours, equally 
                        divided between Senators favoring and Senators 
                        opposing the resolution.
                            ``(v) Motion not amendable.--The motion to 
                        proceed to the joint resolution of approval is 
                        not amendable. A motion to reconsider is not in 
                        order. A motion to table is not in order.
                            ``(vi) Other motions not in order.--After a 
                        motion to proceed to a joint resolution of 
                        approval is agreed to, motions to postpone or 
                        to consider other business are not in order.
                    ``(B) Motions and appeals.--All motions and appeals 
                relating to a joint resolution of approval shall be 
                decided by the Senate without debate.
            ``(5) Consideration in house of representatives.--In the 
        House of Representatives, if any committee to which a joint 
        resolution of approval has been referred has not reported it to 
        the House at the end of 10 calendar days after its 
        introduction, such committee shall be discharged from further 
        consideration of the joint resolution, and it shall be placed 
        on the appropriate calendar. On Thursdays it shall be in order 
        at any time for the Speaker to recognize a Member who favors 
        passage of a joint resolution that has appeared on the calendar 
        for at least 3 calendar days to call up that joint resolution 
        for immediate consideration in the House without intervention 
        of any point of order. When so called up, a joint resolution 
        shall be considered as read and shall be debatable for 1 hour 
        equally divided and controlled by the proponent and an 
        opponent, and the previous question shall be considered as 
        ordered to its passage without intervening motion. It shall not 
        be in order to reconsider the vote on passage. If a vote on 
        final passage of the joint resolution has not been taken on or 
        before the close of the 10th calendar day after the resolution 
        is reported by the committee or committees to which it was 
        referred, or after such committee or committees have been 
        discharged from further consideration of the resolution, such 
        vote shall be taken on that day.
            ``(6) Receipt of resolution from other house.--If, before 
        passing a joint resolution of approval, one House receives from 
        the other a joint resolution of approval from the other House, 
        then--
                    ``(A) the joint resolution of the other House shall 
                not be referred to a committee and shall be deemed to 
                have been discharged from committee on the day it is 
                received; and
                    ``(B) the procedures set forth in paragraph (4) or 
                (5), as applicable, shall apply in the receiving House 
                to the joint resolution received from the other House 
                to the same extent as such procedures apply to a joint 
                resolution of the receiving House.
            ``(7) Rules of house of representatives and senate.--This 
        subsection is enacted by Congress--
                    ``(A) as an exercise of the rulemaking power of the 
                House of Representatives and the Senate, respectively, 
                and as such is deemed a part of the rules of each 
                House, respectively, and the rules provided for in this 
                section supersede other rules only to the extent that 
                they are inconsistent with such other rules; and
                    ``(B) with the full recognition of the 
                constitutional right of either House to change the 
                rules provided for in this section (so far as relating 
                to the procedures of that House) at any time, in the 
                same manner, and to the same extent as any other rule 
                of that House.
    ``(e) 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 Congress 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.''.
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