[Congressional Record Volume 164, Number 107 (Tuesday, June 26, 2018)]
[Senate]
[Pages S4415-S4416]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3091. Mr. CORKER submitted an amendment intended to be proposed by
him to the bill H.R. 2, to provide for the reform and continuation of
agricultural and other programs of the Department of Agriculture
through fiscal year 2023, and for other purposes; which was ordered to
lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 12609. CONGRESSIONAL APPROVAL BEFORE ADJUSTMENT BY
PRESIDENT OF IMPORTS DETERMINED TO THREATEN TO
IMPAIR NATIONAL SECURITY.
(a) In General.--Section 232 of the Trade Expansion Act of
1962 (19 U.S.C. 1862) is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by striking subparagraph (B);
(ii) in the matter preceding clause (i), by striking ``(A)
Within'' and inserting ``Within'';
(iii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively; and
(iv) in subparagraph (B), as redesignated by clause (iii)--
(I) by striking ``determine'' and inserting ``submit to
Congress, not later than 15 days after making that
determination, a proposal regarding''; and
(II) by striking ``must'' and inserting ``should''; and
(B) by striking paragraphs (2) and (3) and inserting the
following:
``(2) The President shall submit to Congress for review
under subsection (f) a report describing the action proposed
to be taken under paragraph (1) and specifying the reasons
for such proposal. Such report shall be included in the
report published under subsection (e).'';
(2) by redesignating the second subsection (d) as
subsection (e); and
(3) by striking subsection (f) and inserting the following:
``(f) Congressional Approval of Presidential Adjustment of
Imports; Joint Resolution of Approval.--
``(1) In general.--An action to adjust imports proposed by
the President and submitted to Congress under subsection
(c)(2) shall have force and effect only upon the enactment of
a joint resolution of approval, provided for in paragraph
(3), relating to that action.
``(2) Period for review by congress.--The period for
congressional review of a report required to be submitted
under subsection (c)(2) shall be 60 calendar days.
``(3) Joint resolutions of approval.--
``(A) Joint resolution of approval defined.--In this
subsection, the term `joint resolution of approval' means
only a joint resolution of either House of Congress--
``(i) the title of which is as follows: `A joint resolution
approving the proposal of the President to take an action
relating to the adjustment of imports entering into the
United States in such quantities or under such circumstances
as to threaten or impair the national security.'; and
``(ii) the sole matter after the resolving clause of which
is the following: `Congress approves of the recommendation of
the President to Congress relating to the adjustment of
imports to protect the national security as proposed by the
President in the report submitted to Congress under section
232(c)(2) of the Trade Expansion Act of 1962 (19 U.S.C.
1862(c)(2)) on _____ relating to _____.', with the first
blank space being filled with the appropriate date and the
second blank space being filled with a short description of
the proposed action.
``(B) Introduction.--During the period of 60 calendar days
provided for under paragraph (2), a joint resolution of
approval may be introduced and shall be referred to the
appropriate committee.
``(C) Floor consideration in house of representatives.--If
a committee of the House of Representatives to which a joint
resolution of approval has been referred has not reported the
joint resolution within 10 calendar days after the date of
referral, that committee shall be discharged from further
consideration of the joint resolution.
``(D) Consideration in the senate.--
``(i) Committee referral.--A joint resolution of approval
introduced in the Senate shall be referred to the Committee
on Finance.
``(ii) Reporting and discharge.--If the committee to which
a joint resolution of approval was referred has not reported
the joint resolution within 10 calendar days after the date
of referral of the joint resolution, that committee shall be
discharged from further consideration of the joint resolution
and the joint resolution shall be placed on the appropriate
calendar.
``(iii) Proceeding to consideration.--Notwithstanding Rule
XXII of the Standing Rules of the Senate, it is in order at
any time after the Committee on Finance reports a joint
resolution of approval or has been
[[Page S4416]]
discharged from consideration of such a joint resolution to
move to proceed to the consideration of the joint resolution.
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.
``(iv) Rulings 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 a joint resolution of approval shall be decided
by the Senate without debate.
``(E) Rules relating to senate and house of
representatives.--
``(i) Treatment of senate joint resolution in house.--In
the House of Representatives, the following procedures shall
apply to a joint resolution of approval received from the
Senate (unless the House has already passed a joint
resolution relating to the same proposed action):
``(I) The joint resolution shall be referred to the
Committee on Ways and Means.
``(II) If the Committee on Ways and Means has not reported
the joint resolution within 2 calendar days after the date of
referral, that committee shall be discharged from further
consideration of the joint resolution.
``(III) Beginning on the third legislative day after each
committee to which a joint resolution has been referred
reports the joint resolution to the House or has been
discharged from further consideration thereof, it shall be in
order to move to proceed to consider the joint resolution in
the House. All points of order against the motion are waived.
Such a motion shall not be in order after the House has
disposed of a motion to proceed on the joint resolution. 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.
``(IV) 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 2 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.
``(ii) Treatment of house joint resolution in senate.--
``(I) If, before the passage by the Senate of a joint
resolution of approval, the Senate receives an identical
joint resolution from the House of Representatives, the
following procedures shall apply:
``(aa) That joint resolution shall not be referred to a
committee.
``(bb) With respect to that joint resolution--
``(AA) the procedure in the Senate shall be the same as if
no joint resolution had been received from the House of
Representatives; but
``(BB) the vote on passage shall be on the joint resolution
from the House of Representatives.
``(II) If, following passage of a joint resolution of
approval in the Senate, the Senate receives an identical
joint resolution from the House of Representatives, that
joint resolution shall be placed on the appropriate Senate
calendar.
``(III) If a joint resolution of approval is received from
the House, and no companion joint resolution has been
introduced in the Senate, the Senate procedures as described
in subparagraph (D) shall apply to the House joint
resolution.
``(F) Rules of house of representatives and senate.--This
paragraph is enacted by Congress--
``(i) 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,
and supersedes other rules only to the extent that it is
inconsistent with such rules; and
``(ii) 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.''.
(b) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall apply to any proposed action covered by subsection (c)
of section 232 of the Trade Expansion Act of 1962 (19 U.S.C.
1862), as so amended, on or after the date that is two years
before the date of the enactment of this Act.
(2) Timing of certain proposals.--If the President makes a
determination described in subsection (c)(1)(A) of such
section, as so amended, during the period beginning on the
date that is two years before the date of the enactment of
this Act and ending on the day before such date of enactment,
the submission to Congress of the proposal described in
subsection (c)(1)(B) of such section, as so amended, shall be
required not later than 15 days after such date of enactment.
(3) Modification of duty rate amounts.--
(A) In general.--Any rate of duty modified under section
232(c) of the Trade Expansion Act of 1962 (19 U.S.C. 1862(c))
during the period specified in paragraph (2) shall on the
date of the enactment of this Act revert to the rate of duty
in effect before such modification.
(B) Retroactive application for certain liquidations and
reliquidations.--
(i) In general.--Subject to clause (ii), any entry of an
article that--
(I) was made--
(aa) on or after the date that is two years before the date
of the enactment of this Act, and
(bb) before such date of enactment, and
(II) to which a lower rate of duty would be applicable due
to the application of subparagraph (A),
shall be liquidated or reliquidated as though such entry
occurred on such date of enactment.
(ii) Requests.--A liquidation or reliquidation may be made
under clause (i) with respect to an entry only if a request
therefor is filed with U.S. Customs and Border Protection not
later than 180 days after the date of the enactment of this
Act that contains sufficient information to enable U.S.
Customs and Border Protection--
(I) to locate the entry; or
(II) to reconstruct the entry if it cannot be located.
(iii) Payment of amounts owed.--Any amounts owed by the
United States pursuant to the liquidation or reliquidation of
an entry of an article under clause (i) shall be paid,
without interest, not later than 90 days after the date of
the liquidation or reliquidation (as the case may be).
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