[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1135 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1135
To grant certain authorities to the President to combat economic
coercion by foreign adversaries, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 21, 2023
Mr. Meeks (for himself, Mr. Cole, and Mr. Bera) introduced the
following bill; which was referred to the Committee on Foreign Affairs,
and in addition to the Committees on Ways and Means, Financial
Services, and Rules, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To grant certain authorities to the President to combat economic
coercion by foreign adversaries, 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 ``Countering Economic Coercion Act of
2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Foreign adversaries are increasingly using economic
coercion to pressure, punish, and influence United States
allies and partners.
(2) Economic coercion causes economic harm to United States
allies and partners and creates malign influence on the
sovereign political actions of such allies and partners.
(3) Economic coercion can threaten the essential security
of the United States and its allies.
(4) Economic coercion is often characterized by--
(A) capricious, pre-textual, and non-transparent
actions taken without due process afforded;
(B) intimidation or threats of punitive actions;
and
(C) informal actions that take place without
explicit government action.
(5) Existing mechanisms for trade dispute resolution and
international arbitration are inadequate for responding to
economic coercion in a timely and effective manner as foreign
adversaries exploit plausible deniability and lengthy processes
to evade accountability.
(6) The United States should provide meaningful economic
and political support to allies and partners affected by
economic coercion.
(7) Supporting foreign trading partners affected by
economic coercion can lead to opportunities for United States
businesses, investors, and workers to reach new markets and
customers.
(8) Responding to economic coercion will be most effective
when the United States provides relief to affected foreign
trading partners in coordination with allies and like-minded
countries.
(9) Such coordination will further demonstrate broad
resolve against economic coercion.
SEC. 3. AMENDMENT TO THE INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.
The International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) is amended by adding at the end the following:
``SEC. 209. AUTHORITIES TO COMBAT ECONOMIC COERCION BY FOREIGN
ADVERSARIES.
``(a) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees'--
``(A) means--
``(i) the Committee on Foreign Relations of
the Senate; and
``(ii) the Committee on Foreign Affairs of
the House of Representatives; and
``(B) includes--
``(i) with respect to the exercise of any
authority under subsection (c)(1)(A),
(c)(1)(D), or (c)(2)--
``(I) the Committee on Finance of
the Senate; and
``(II) the Committee on Ways and
Means of the House of Representatives;
and
``(ii) with respect to the exercise of any
authority under subsection (c)(1)(B) or
(b)(1)(G)--
``(I) the Committee on
Appropriations of the Senate; and
``(II) the Committee on
Appropriations of the House of
Representatives; and
``(iii) with respect to the exercise of any
authority under subparagraphs (F) or (H) of
subsection (c)(1)--
``(I) the Committee on Banking,
Housing, and Urban Affairs of the
Senate; and
``(II) the Committee on Financial
Services of the House of
Representatives.
``(2) Economic coercion.--The term `economic coercion'
means actions, practices, or threats undertaken by a foreign
adversary to unreasonably restrain, obstruct, or manipulate
trade, foreign aid, investment, or commerce in an arbitrary,
capricious, or non-transparent manner with the intention to
cause economic harm to achieve strategic political objectives
or influence sovereign political actions.
``(3) Export; export administration regulations; in-country
transfer; reexport.--The terms `export', `Export Administration
Regulations', `in-country transfer', and `reexport' have the
meanings given those terms in section 1742 of the Export
Control Reform Act of 2018 (50 U.S.C. 4801).
``(4) Foreign adversary.--The term `foreign adversary' has
the meaning given that term in section 8(c)(2) of the Secure
and Trusted Communications Networks Act of 2019 (47 U.S.C.
1607(c)(2)).
``(5) Foreign trading partner.--The term `foreign trading
partner' means any partner or allied jurisdiction that trades
with the United States.
``(b) Determination of Economic Coercion.--
``(1) Presidential determination.--
``(A) In general.--If the President determines that
a foreign trading partner is subject to economic
coercion by a foreign adversary, the President may
exercise, in a manner proportionate to the economic
coercion, any authority described--
``(i) in subsection (c)(1) to support or
assist the foreign trading partner; or
``(ii) in subsection (c)(2) to penalize the
foreign adversary.
``(B) Information; hearings.--To inform any
determination or exercise of authority under
subparagraph (A), the President shall--
``(i) obtain the written opinion and
analysis of the Secretary of State, the
Secretary of Commerce, the Secretary of the
Treasury, the United States Trade
Representative, and the heads of other Federal
agencies, as the President considers
appropriate;
``(ii) seek information and advice from and
consult with other relevant officers of the
United States; and
``(iii) afford other interested parties an
opportunity to present relevant information and
advice.
``(C) Consultation with congress.--The President
shall consult with the appropriate congressional
committees--
``(i) not later than 10 days before
exercising any authority under this paragraph;
and
``(ii) not less frequently than once every
180 days for the duration of the exercise of
such authority.
``(D) Notice.--Not later than 30 days after the
date that the President determines that a foreign
trading partner is subject to economic coercion or
exercises any authority under subparagraph (A), the
President shall publish in the Federal Register--
``(i) a notice of the determination or
exercise of authority; and
``(ii) a description of the economic
coercion that the foreign adversary is applying
to the foreign trading partner and other
circumstances that led to such determination or
exercise of authority.
``(2) Expedited determination.--
``(A) In general.--If the Secretary of State
determines that a foreign trading partner is subject to
economic coercion by a foreign adversary, the Secretary
of State or the head of the relevant Federal agency may
exercise any authority described in subparagraphs (B)
through (G) of subsection (c)(1).
``(B) Notices.--
``(i) In general.--Not later than 10 days
after a determination under subparagraph (A),
the Secretary of State shall submit to the
appropriate congressional committees a notice
of such determination.
``(ii) Exercise of authority.--Not later
than 10 days after the exercise of any
authority described in subparagraphs (B)
through (G) of subsection (c)(1) that relies on
the determination for which the Secretary of
State submitted notice under clause (i), the
Secretary of State or the head of the relevant
Federal agency relying on such determination
shall submit to the appropriate congressional
committees a notice of intent to exercise such
authority, but not more frequently than once
every 90 days.
``(3) Revocation of determination.--
``(A) In general.--Any determination made by the
President under paragraph (1) or Secretary of State
under paragraph (2) shall be revoked on the earliest
of--
``(i) the date that is two years after the
date of such determination;
``(ii) the date of the enactment of a joint
resolution of disapproval revoking the
determination; or
``(iii) the date on which the President
issues a proclamation revoking the
determination.
``(B) Termination of authorities.--Any authority
described in subsection (c)(1) exercised pursuant to a
determination that has been revoked under subparagraph
(A) shall cease to be exercised on the date of such
revocation, except that such revocation shall not
affect--
``(i) any action taken or proceeding
pending not finally concluded or determined on
such date; or
``(ii) any rights or duties that matured or
penalties that were incurred prior to such
date.
``(c) Authorities To Assist Foreign Trading Partners Affected by
Economic Coercion.--
``(1) Authorities with respect to foreign trading
partners.--The authorities described in this subsection are the
following:
``(A) Subject to subsection (e), with respect to
goods imported into the United States from a foreign
trading partner subject to economic coercion by a
foreign adversary--
``(i) the reduction or elimination of
duties; or
``(ii) the modification of tariff-rate
quotas.
``(B) Requesting appropriations for foreign aid to
the foreign trading partner.
``(C) Expedited decisions with respect to the
issuance of licenses for the export or reexport to, or
in-country transfer in, the foreign trading partner of
items subject to controls under the Export
Administration Regulations, consistent with the Export
Control Reform Act of 2018 (50 U.S.C. 4801 et seq.).
``(D) Expedited regulatory processes related to the
importation of goods and services into the United
States from the foreign trading partner.
``(E) Requesting the necessary authority and
appropriations for sovereign loan guarantees to the
foreign trading partner.
``(F) The waiver of policy requirements (other than
policy requirements mandated by an Act of Congress) as
necessary to facilitate the provision of financing to
support exports to the foreign trading partner.
``(G) Requesting appropriations for loan loss
reserves to facilitate the provision of financing to
support United States exports to the foreign trading
partner.
``(H) The exemption of financing provided to
support United States exports to the foreign trading
partner from section 8(g)(1) of the Export-Import Bank
Act of 1945 (12 U.S.C. 635g(g)(1)).
``(2) Authorities with respect to foreign adversaries.--
Subject to subsection (e), with respect to goods imported into
the United States from a foreign adversary engaged in economic
coercion of a foreign trading partner, the authorities
described in this subsection are the following:
``(A) The increase in duties.
``(B) The modification of tariff-rate quotas.
``(d) Coordination With Allies and Partners.--
``(1) Coordination by president.--After a determination by
the President that a foreign trading partner is subject to
economic coercion by a foreign adversary, the President shall
endeavor to coordinate--
``(A) the exercise of the authorities described in
subsection (c) with other allies and partners, in order
to broaden economic support to the foreign trading
partner affected by economic coercion; and
``(B) with allies and partners to issue joint
condemnation of the actions of the foreign adversary
and support for the foreign trading partner.
``(2) Coordination by secretary.--The Secretary of State,
in coordination with the heads of relevant agencies, shall
endeavor--
``(A) to encourage allies and partners to create
mechanisms and authorities necessary to facilitate the
coordination under paragraph (1)(A);
``(B) to coordinate with allies and partners to
broaden international opposition to economic coercion;
``(C) to coordinate with allies and partners to
deter the use of economic coercion by foreign
adversaries; and
``(D) to engage with allies and partners to gather
information about possible instances of economic
coercion and share such information with the
appropriate congressional committees.
``(e) Conditions With Respect to Tariff Authority.--
``(1) Limitations on tariff authority.--The authority
described in subsection (c)(1)(A)--
``(A) does not include the authority to reduce or
eliminate antidumping or countervailing duties imposed
under title VII of the Tariff Act of 1930 (19 U.S.C.
1671 et seq.);
``(B) may only apply to an article if--
``(i) such article is--
``(I) designated by the President
as an eligible article for purposes of
the Generalized System of Preferences
under section 503 of the Trade Act of
1974 (19 U.S.C. 2463); and
``(II) imported directly from the
foreign trading partner into the
customs territory of the United States;
and
``(ii) the sum of the cost or value of the
materials produced in the foreign trading
partner and the direct costs of processing
operations performed in such foreign trading
partner is not less than 35 percent of the
appraised value of such article at the time it
is entered; and
``(C) may not apply to any article that is the
product of the foreign trading partner by virtue of
having merely undergone--
``(i) simple combining or packaging
operations; or
``(ii) mere dilution with water or another
substance that does not materially alter the
characteristics of the article.
``(2) Consultation with congress.--
``(A) In general.--Before exercising any authority
described in paragraph (1)(A) or (2) of subsection (c),
the President shall submit to the appropriate
congressional committees a notice of intent to exercise
such authority that includes a description of--
``(i) the circumstances that merit the
exercise of such authority;
``(ii) the expected effects of the exercise
of such authority on the economy of the United
States and businesses, workers, farmers, and
ranchers in the United States;
``(iii) the expected effects of the
exercise of such authority on the foreign
trading partner; and
``(iv) the expected effects of the exercise
of such authority on the foreign adversary.
``(B) Congressional review.--
``(i) In general.--During the period of 45
calendar days beginning on the date on which
the President submits a notice of intent under
subparagraph (A), the appropriate congressional
committees should hold hearings and briefings
and otherwise obtain information in order to
fully review the proposed exercise of
authority.
``(ii) Limitation on exercise of authority
during congressional review.--Notwithstanding
any other provision of law, during the period
for congressional review described in clause
(i) of a notice of intent submitted under
subparagraph (A), the President may not take
the proposed exercise of authority unless a
joint resolution of approval with respect to
that exercise of authority is enacted.
``(iii) Effect of enactment of joint
resolution of disapproval.--Notwithstanding any
other provision of law, if a joint resolution
of disapproval relating to a notice of intent
submitted under subparagraph (A) is enacted
during the period for congressional review
described in clause (i), the President may not
take the proposed exercise of authority.
``(f) Process for Joint Resolutions of Approval or Disapproval.--
``(1) Definitions.--In this section:
``(A) Joint resolution of approval.--The term
`joint resolution of approval' means only a joint
resolution of either House of Congress--
``(i) which does not have a preamble;
``(ii) the title of which is as follows: `A
joint resolution approving the President's
exercise of authority under section 209(c) of
the International Emergency Economic Powers
Act.'; and
``(iii) the sole matter after the resolving
clause of which is as follows: `That Congress
approves the exercise of authority by the
President under section 209(c) of the
International Emergency Economic Powers Act,
submitted to Congress on ___.', with the blank
space being filled with the appropriate date.
``(B) Joint resolution of disapproval.--The term
`joint resolution of disapproval' means--
``(i) with respect to the determination in
subsection (b)(1), per the revocation outlined
in subsection (b)(3), only a joint resolution
of either House of Congress--
``(I) which does not have a
preamble;
``(II) the title of which is as
follows: `A joint resolution
disapproving the President's
determination under section 209(b) of
the International Emergency Economic
Powers Act.'; and
``(III) the sole matter after the
resolving clause of which is as
follows: `That Congress disapproves the
determination of the President under
section 209(b) of the International
Emergency Economic Powers Act,
published in the Federal Register on
___.', with the blank space being
filled with the appropriate date; and
``(ii) with respect to an expedited
determination under subsection (b)(2), per the
revocation outlined in subsection (b)(3), only
a joint resolution of either House of
Congress--
``(I) which does not have a
preamble;
``(II) the title of which is as
follows: `A joint resolution
disapproving the Secretary of State's
determination under section 209(b) of
the International Emergency Economic
Powers Act.'; and
``(III) the sole matter after the
resolving clause of which is as
follows: `That Congress disapproves the
determination of the Secretary of State
under section 209(b) of the
International Emergency Economic Powers
Act, submitted to Congress on ___.',
with the blank space being filled with
the appropriate date; and
``(iii) with respect to the exercise of
authorities in subsection (c), per the
limitations outlined in subsection (e)(2), only
a joint resolution of either House of
Congress--
``(I) which does not have a
preamble;
``(II) the title of which is as
follows: `A joint resolution
disapproving the President's exercise
of authority under section 209(c) of
the International Emergency Economic
Powers Act.'; and
``(III) the sole matter after the
resolving clause of which is as
follows: `That Congress disapproves the
exercise of authority by the President
under section 209(c) of the
International Emergency Economic Powers
Act, submitted to Congress on ___.',
with the blank space being filled with
the appropriate date.
``(2) Introduction in the house of representatives.--During
a period of 5 legislative days beginning on the date that a
notice of determination is published in the Federal Register in
accordance with subsection (b)(1)(D) or submitted to the
appropriate congressional committees in accordance with
subsection (b)(2)(B)(i) or a notice of intent is submitted to
the appropriate congressional committees in accordance with
subsection (b)(2)(B)(ii) or subsection (e)(2)(A), a joint
resolution of approval or a joint resolution of disapproval may
be introduced in the House of Representatives by the majority
leader or the minority leader.
``(3) Introduction in the senate.--During a period of 5
days on which the Senate is in session beginning on the date
that a notice of determination is published in the Federal
Register in accordance with subsection (b)(1)(D) or submitted
to the appropriate congressional committees in accordance with
subsection (b)(2)(B)(i) or a notice of intent is submitted to
the appropriate congressional committees in accordance with
subsection (b)(2)(B)(ii) or subsection (e)(2)(A), a joint
resolution of approval or a joint resolution of disapproval may
be introduced in the Senate by the majority leader (or the
majority leader's designee) or the minority leader (or the
minority leader's designee).
``(4) Floor consideration in the house of
representatives.--
``(A) Reporting and discharge.--If a committee of
the House of Representatives to which a joint
resolution of approval or joint resolution of
disapproval has been referred has not reported such
joint resolution within 10 legislative days after the
date of referral, that committee shall be discharged
from further consideration of the joint resolution.
``(B) Proceeding to consideration.--In the House of
Representatives, the following procedures shall apply
to a joint resolution of approval or a joint resolution
of disapproval:
``(i) Beginning on the third legislative
day after each committee to which a joint
resolution of approval or joint resolution of
disapproval has been referred reports it to the
House of Representatives or has been discharged
from further consideration of the joint
resolution, it shall be in order to move to
proceed to consider the joint resolution in the
House of Representatives.
``(ii) All points of order against the
motion are waived. Such a motion shall not be
in order after the House of Representatives has
disposed of a motion to proceed on a joint
resolution with regard to the same
certification. The previous question shall be
considered as ordered on the motion to its
adoption without intervening motion. The motion
shall not be debatable. A motion to reconsider
the vote by which the motion is disposed of
shall not be in order.
``(C) Consideration.--The joint resolution shall be
considered as read. All points of order against the
joint resolution and against its consideration are
waived. The previous question shall be considered as
ordered on the joint resolution to final passage
without intervening motion except two hours of debate
equally divided and controlled by the sponsor of the
joint resolution (or a designee) and an opponent. A
motion to reconsider the vote on passage of the joint
resolution shall not be in order.
``(5) Consideration in the senate.--
``(A) Committee referral.--A joint resolution of
approval or a joint resolution of disapproval
introduced in the Senate shall be referred to the
Committee on Foreign Relations.
``(B) Reporting and discharge.--If the Committee on
Foreign Relations has not reported a joint resolution
of approval or a joint resolution of disapproval within
10 days on which the Senate is in session after the
date of referral of such joint resolution, that
committee shall be discharged from further
consideration of such joint resolution and the joint
resolution shall be placed on the appropriate calendar.
``(C) Motion to proceed.--Notwithstanding Rule XXII
of the Standing Rules of the Senate, it is in order at
any time after the Committee on Foreign Relations
reports the joint resolution of approval or the joint
resolution of disapproval to the Senate or has been
discharged from its consideration (even though a
previous motion to the same effect has been disagreed
to) to move to proceed to the consideration of the
joint resolution, and all points of order against the
joint resolution (and against consideration of the
joint resolution) shall be waived. The motion to
proceed is not debatable. The motion is not subject to
a motion to postpone. A motion to reconsider the vote
by which the motion is agreed to or disagreed to shall
not be in order. If a motion to proceed to the
consideration of the joint resolution of approval or
the joint resolution of disapproval is agreed to, the
joint resolution shall remain the unfinished business
until disposed.
``(D) Debate.--Debate on a joint resolution of
approval or a joint resolution of disapproval, and on
all debatable motions and appeals in connection with
such joint resolution, shall be limited to not more
than 10 hours, which shall be divided equally between
the majority and minority leaders or their designees. A
motion to further limit debate is in order and not
debatable. An amendment to, or a motion to postpone, or
a motion to proceed to the consideration of other
business, or a motion to recommit the joint resolution
is not in order.
``(E) Vote on passage.--The vote on passage shall
occur immediately following the conclusion of the
debate on the joint resolution of approval or the joint
resolution of disapproval and a single quorum call at
the conclusion of the debate, if requested in
accordance with the rules of the Senate.
``(F) Rules of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may
be, to the procedure relating to the joint resolution
of approval or the joint resolution of disapproval
shall be decided without debate.
``(G) Consideration of veto messages.--Debate in
the Senate of any veto message with respect to the
joint resolution of approval or the joint resolution of
disapproval, including all debatable motions and
appeals in connection with such joint resolution, shall
be limited to 10 hours, to be equally divided between,
and controlled by, the majority leader and the minority
leader or their designees.
``(6) Procedures in the senate.--Except as otherwise
provided in this section, the following procedures shall apply
in the Senate to a joint resolution of approval or a joint
resolution of disapproval to which this section applies:
``(A) Except as provided in subparagraph (B), a
joint resolution of approval or a joint resolution of
disapproval that has passed the House of
Representatives shall, when received in the Senate, be
referred to the Committee on Foreign Relations for
consideration in accordance with this subsection.
``(B) If a joint resolution of approval or a joint
resolution of disapproval to which this section applies
was introduced in the Senate before receipt of a joint
resolution of approval or a joint resolution of
disapproval that has passed the House of
Representatives, the joint resolution from the House of
Representatives shall, when received in the Senate, be
placed on the calendar. If this paragraph applies, the
procedures in the Senate with respect to a joint
resolution of approval or a joint resolution of
disapproval introduced in the Senate that contains the
identical matter as a joint resolution of approval or a
joint resolution of disapproval that passed the House
of Representatives shall be the same as if no joint
resolution of approval or joint resolution of
disapproval had been received from the House of
Representatives, except that the vote on passage in the
Senate shall be on the joint resolution of approval or
the joint resolution of disapproval that passed the
House of Representatives.
``(7) Rules of the house of representatives and senate.--
This subsection is enacted by Congress--
``(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such is deemed a part of the rules of each
House, respectively, but applicable only with respect
to the procedure to be followed in that House in the
case of a joint resolution of approval or a joint
resolution of disapproval under this subparagraph, and
supersedes other rules only to the extent that it is
inconsistent with such rules; and
``(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.''.
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