[Congressional Record Volume 167, Number 87 (Wednesday, May 19, 2021)]
[Senate]
[Pages S3148-S3150]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1630. Mr. TOOMEY (for himself, Mr. Crapo, Mr. Carper, Mr. King, 
Mr. Lankford, Mrs. Feinstein, Mr. Cornyn, Mr. Johnson, Mr. Kaine, and 
Mrs. Shaheen) submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to 
establish a new Directorate for Technology and Innovation in the 
National Science Foundation, to establish a regional technology hub 
program, to require a strategy and report on economic security, 
science, research, innovation, manufacturing, and job creation, to 
establish a critical supply chain resiliency program, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end of title III of division F, add the following:

     SEC. 6302. LIMITATIONS ON AUTHORITY OF PRESIDENT TO ADJUST 
                   IMPORTS DETERMINED TO THREATEN TO IMPAIR 
                   NATIONAL SECURITY.

       (a) Limitation on Articles for Which Action May Be Taken.--
     Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 
     1862) is amended--
       (1) by striking ``an article'' each place it appears and 
     inserting ``a covered article'';
       (2) by striking ``any article'' each place it appears and 
     inserting ``any covered article'';
       (3) by striking ``the article'' each place it appears and 
     inserting ``the covered article'';
       (4) in the first subsection (d), by striking ``In the 
     administration'' and all that follow through ``national 
     security.''; and
       (5) by adding at the end the following:
       ``(i) Definitions.--In this section:
       ``(1) Covered article.--The term `covered article' means an 
     article related to the development, maintenance, or 
     protection of military equipment, energy resources, or 
     critical infrastructure essential to national security.
       ``(2) National security.--The term `national security'--
       ``(A) means the protection of the United States from 
     foreign aggression; and
       ``(B) does not otherwise include the protection of the 
     general welfare of the United States.''.
       (b) Responsibility of Secretary of Defense for 
     Investigations.--Section 232(b) of the Trade Expansion Act of 
     1962 (19 U.S.C. 1862(b)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking ``the Secretary of 
     Commerce (hereafter in the section referred to as the 
     `Secretary')'' and inserting ``the Secretary of Defense''; 
     and
       (B) in subparagraph (B)--
       (i) by striking ``The Secretary'' and inserting ``The 
     Secretary of Defense''; and
       (ii) by striking ``the Secretary of Defense'' and inserting 
     ``the Secretary of Commerce'';
       (2) in paragraph (2)--
       (A) in subparagraph (A)--
       (i) in the matter preceding clause (i), by striking ``the 
     Secretary'' and inserting ``the Secretary of Defense''; and
       (ii) in clause (i), by striking ``the Secretary of 
     Defense'' and inserting ``the Secretary of Commerce''; and
       (B) by amending subparagraph (B) to read as follows:
       ``(B) Upon the request of the Secretary of Defense, the 
     Secretary of Commerce shall provide to the Secretary of 
     Defense an assessment of the quantity of imports of any

[[Page S3149]]

     covered article that is the subject of an investigation 
     conducted under this subsection and the circumstances under 
     which the covered article is imported.'';
       (3) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) in the first sentence, by striking ``the Secretary 
     shall submit'' and all that follows through ``recommendations 
     of the Secretary'' and inserting ``the Secretary of Defense 
     and the Secretary of Commerce shall jointly submit to the 
     President a report on the findings of the investigation and, 
     based on such findings, the recommendations of the Secretary 
     of Commerce''; and
       (ii) in the second sentence, by striking ``Secretary 
     finds'' and all that follows through ``Secretary shall'' and 
     inserting ``Secretaries find that the covered article is 
     being imported into the United States in such quantities or 
     under such circumstances as to be a substantial cause of a 
     threat to impair the national security, the Secretaries 
     shall''; and
       (B) in subparagraph (B), by striking ``by the Secretary''; 
     and
       (4) in paragraph (4), by striking ``Secretary'' and 
     inserting ``Secretary of Defense''.
       (c) Determinations of President.--Section 232(c) of the 
     Trade Expansion Act of 1962 (19 U.S.C. 1862(c)) is amended--
       (1) in paragraph (1)--
       (A) by striking subparagraph (B);
       (B) in the matter preceding clause (i)--
       (i) by striking ``(A) Within'' and inserting ``Within''; 
     and
       (ii) by striking ``in which the Secretary'' and inserting 
     ``that'';
       (C) by redesignating clauses (i) and (ii) as subparagraphs 
     (A) and (B), respectively;
       (D) in subparagraph (A), as redesignated by subparagraph 
     (C), by striking ``of the Secretary''; and
       (E) by amending subparagraph (B), as redesignated by 
     subparagraph (C), to read as follows:
       ``(B) if the President concurs, submit to Congress, not 
     later than 15 days after making that determination, a 
     proposal regarding the nature and duration of the action 
     that, in the judgment of the President, should be taken to 
     adjust the imports of the covered article and its derivatives 
     so that such imports will not be a substantial cause of a 
     threat to impair the national security.''; and
       (2) 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).''.
       (d) Congressional Approval of Presidential Adjustment of 
     Imports.--Section 232(f) of the Trade Expansion Act of 1962 
     (19 U.S.C. 1862(f)) is amended to read as follows:
       ``(f) Congressional Approval of Presidential Adjustment of 
     Imports; Joint Resolution of Approval.--
       ``(1) In general.--An action to adjust imports proposed by 
     the President in a report submitted to Congress under 
     subsection (c)(2) shall have force and effect only if, during 
     the period of 60 calendar days beginning on the date on which 
     the report is submitted, a joint resolution of approval is 
     enacted pursuant to paragraph (2).
       ``(2) 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 proposal of the 
     President relating to the adjustment of imports to protect 
     the national security as described 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 (1), a joint resolution of 
     approval may be introduced in either House by any Member.
       ``(C) Consideration in house of representatives.--
       ``(i) Committee referral.--A joint resolution of approval 
     introduced in the House of Representatives shall be referred 
     to the Committee on Ways and Means.
       ``(ii) Reporting and discharge.--If the Committee on Ways 
     and Means has not reported the joint resolution of approval 
     within 10 calendar days after the date of referral, the 
     Committee shall be discharged from further consideration of 
     the joint resolution.
       ``(iii) Proceeding to consideration.--Beginning on the 
     third legislative day after the Committee on Ways and Means 
     reports the joint resolution of approval 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) Floor consideration.--The joint resolution of 
     approval 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.
       ``(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 on 
     Finance has not reported the joint resolution of approval 
     within 10 calendar days after the date of referral of the 
     joint resolution, the 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 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 to the procedure relating to a joint 
     resolution of approval shall be decided by the Senate without 
     debate.
       ``(E) Treatment of house joint resolution in senate.--
       ``(i) Committee referral.--Except as provided in clause 
     (ii), a joint resolution of approval that has passed the 
     House of Representatives shall, when received in the Senate, 
     be referred to the Committee on Finance for consideration in 
     accordance with subparagraph (D).
       ``(ii) Consideration of house resolution.--If a joint 
     resolution of approval was introduced in the Senate before 
     receipt of a joint resolution of approval that has passed the 
     House of Representatives--

       ``(I) the joint resolution from the House of 
     Representatives shall, when received in the Senate, be placed 
     on the calendar; and
       ``(II) the procedures in the Senate with respect to a joint 
     resolution of approval introduced in the Senate shall be the 
     same as if no joint resolution of approval had been received 
     from the House of Representatives, except that the vote on 
     passage in the Senate shall be on the joint resolution that 
     passed the House of Representatives.

       ``(iii) House resolution received after passage by 
     senate.--If the Senate passes a joint resolution of approval 
     before receiving a joint resolution of approval from the 
     House of Representatives, the joint resolution of the Senate 
     shall be held at the desk pending receipt of the joint 
     resolution from the House of Representatives. Upon receipt of 
     the joint resolution of approval from the House of 
     Representatives, such joint resolution shall be deemed to be 
     read twice, considered, read the third time, and passed.
       ``(iv) Consideration of house resolution if no resolution 
     introduced in senate.--If the Senate receives a joint 
     resolution of approval from the House of Representatives, and 
     no joint resolution of approval has been introduced in the 
     Senate, the procedures described in subparagraph (D) shall 
     apply to consideration of the joint resolution of the House.
       ``(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.''.
       (e) Exclusion Process; Report.--Section 232 of the Trade 
     Expansion Act of 1962 (19 U.S.C. 1862) is amended by 
     inserting after subsection (f) the following:
       ``(g) Administration of Exclusion Process.--
       ``(1) In general.--The United States International Trade 
     Commission shall administer a process for granting requests 
     for the exclusion of covered articles from any actions, 
     including actions to impose duties or quotas, taken by the 
     President under subsection (c).
       ``(2) Requirements.--In administering the process required 
     by paragraph (1), the International Trade Commission shall--

[[Page S3150]]

       ``(A) consider, when determining whether to grant an 
     exclusion with respect to a covered article, if the covered 
     article is produced in the United States and is of sufficient 
     quality, available in sufficient quantities, and available on 
     a reasonable timeframe;
       ``(B) ensure that an exclusion granted with respect to a 
     covered article is available to any person that imports the 
     covered article; and
       ``(C) not disclose business proprietary information.
       ``(3) Publication of procedures.--The International Trade 
     Commission shall publish in the Federal Register and make 
     available on a publicly available internet website of the 
     Commission a description of the procedures to be followed by 
     a person requesting an exclusion under paragraph (1) with 
     respect to a covered article.
       ``(h) Report by International Trade Commission.--Not later 
     than 18 months after the President takes action under 
     subsection (c) to adjust imports of a covered article, the 
     International Trade Commission shall submit to Congress a 
     report assessing the effects of the action on--
       ``(1) the industry to which the covered article relates; 
     and
       ``(2) the overall economy of the United States.''.
       (f) Conforming Amendments.--Section 232 of the Trade 
     Expansion Act of 1962 (19 U.S.C. 1862), as amended by this 
     section, is further amended--
       (1) in the first subsection (d), by striking ``the 
     Secretary and the President'' each place it appears and 
     inserting ``the Secretary of Defense, the Secretary of 
     Commerce, and the President'';
       (2) by redesignating the second subsection (d) as 
     subsection (e); and
       (3) in paragraph (1) of subsection (e), as redesignated by 
     paragraph (2), by striking ``the Secretary'' and inserting 
     ``the Secretary of Defense''.
       (g) Effective Date.--Except as provided by subsection (h), 
     the amendments made by this section shall apply with respect 
     to any proposed action under section 232(c) of the Trade 
     Expansion Act of 1962 (19 U.S.C. 1862(c)) on or after the 
     date of the enactment of this Act.
                                 ______