[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.''.
                                 ______