[Congressional Record Volume 167, Number 88 (Thursday, May 20, 2021)]
[Senate]
[Pages S3209-S3210]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1727. Mr. LEE 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 appropriate place, insert the following:
SEC. __. 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.
[[Page S3210]]
``(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.''.
______