[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.
______