[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5899-S5900]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6369. Mr. YOUNG (for himself and Mr. Coons) submitted an amendment 
intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for 
himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 
7900, to authorize appropriations for fiscal year 2023 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        At end of title XII, add the following:

          Subtitle G--Countering Economic Coercion Act of 2022

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Countering Economic 
     Coercion Act of 2022''.

     SEC. 1282. SENSE OF CONGRESS.

       The following is the sense of Congress:
       (1) Foreign adversaries are increasingly using economic 
     coercion to pressure, punish, and influence United States 
     allies and partners.
       (2) Economic coercion causes economic harm to United States 
     allies and partners and creates malign influence on the 
     sovereign political actions of such allies and partners.
       (3) Economic coercion of United States allies and partners 
     has negative effects on the national security of the United 
     States.
       (4) Economic coercion is often characterized by--
       (A) arbitrary and discriminatory actions that seek to 
     interfere with sovereign actions, violate international trade 
     rules, and run counter to the rules-based international 
     order;
       (B) capricious and non-transparent actions taken without 
     due process afforded;
       (C) intimidation or threats of punitive actions; and
       (D) informal actions that take place without explicit 
     government action.
       (5) Recent acts of economic coercion have included 
     instances in which foreign adversaries have--
       (A) acted in a capricious and non-transparent manner to 
     prevent or dissuade consumers from purchasing imports from a 
     foreign trading partner;
       (B) enacted discriminatory administrative fees or technical 
     barriers to trade in goods and services in response to 
     sovereign political actions taken by a foreign trading 
     partner;
       (C) arbitrarily restricted market access or otherwise 
     limited the import of goods or services from a foreign 
     trading partner;
       (D) arbitrarily restricted investment in or export of goods 
     or services to a foreign trading partner; and
       (E) acted in a non-transparent manner to manipulate a 
     private entity with the intent of causing economic harm to or 
     influencing sovereign political actions of a foreign trading 
     partner.
       (6) Existing mechanisms for trade dispute resolution and 
     international arbitration are inadequate for responding to 
     economic coercion in a timely and effective manner as foreign 
     adversaries exploit plausible deniability and lengthy 
     processes to evade accountability.
       (7) The United States should provide material support to 
     foreign trading partners affected by economic coercion.
       (8) Supporting foreign trading partners affected by 
     economic coercion can lead to opportunities for United States 
     businesses, investors, and workers to reach new markets and 
     customers.
       (9) Responding to economic coercion will be most effective 
     when the United States provides relief to affected foreign 
     trading partners in coordination with allies and like-minded 
     countries.
       (10) Such coordination will further demonstrate broad 
     resolve against economic coercion.

     SEC. 1283. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees''--
       (A) means--
       (i) the Committee on Foreign Relations of the Senate; and
       (ii) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (B) includes--
       (i) with respect to the exercise of any authority under 
     section 1285(a)(1) or 1285(b)--

       (I) the Committee on Finance of the Senate; and
       (II) the Committee on Ways and Means of the House of 
     Representatives; and

       (ii) with respect to the exercise of any authority under 
     paragraphs (6) or (8) of section 1285(a)--

       (I) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate; and
       (II) the Committee on Financial Services of the House of 
     Representatives.

       (2) Economic coercion.--The term ``economic coercion'' 
     means actions, practices, or threats undertaken by a foreign 
     adversary to restrain, obstruct, or manipulate trade, foreign 
     aid, investment, or commerce in an arbitrary, capricious, or 
     non-transparent manner with the intention to cause economic 
     harm to achieve strategic political objectives or influence 
     sovereign political actions.
       (3) Export; export administration regulations; in-country 
     transfer; reexport.--The terms ``export'', ``Export 
     Administration Regulations'', ``in-country transfer'', and 
     ``reexport'' have the meanings given those terms in section 
     1742 of the Export Control Reform Act of 2018 (50 U.S.C. 
     4801).
       (4) Foreign adversary.--The term ``foreign adversary'' has 
     the meaning given that term in section 8(c)(2) of the Secure 
     and Trusted Communications Networks Act of 2019 (47 U.S.C. 
     1607(c)(2))).
       (5) Foreign trading partner.--The term ``foreign trading 
     partner'' means a jurisdiction that is a trading partner of 
     the United States.

     SEC. 1284. DETERMINATION OF ECONOMIC COERCION.

       (a) In General.--If the President determines that a foreign 
     trading partner is subject to economic coercion by a foreign 
     adversary, the President may exercise, in a manner 
     proportionate to the economic coercion, any authority 
     described--
       (1) in section 1285(a) to support or assist the foreign 
     trading partner; or
       (2) in section 1285(b) to penalize the foreign adversary.
       (b) Information; Hearings.--To inform any determination or 
     exercise of authority under subsection (a), the President 
     shall--
       (1) consult with the Secretary of State, the Secretary of 
     Commerce, the Secretary of the Treasury, the United States 
     Trade Representative, and the heads of other Federal 
     agencies, as the President considers appropriate;

[[Page S5900]]

       (2) seek information and advice from and consult with other 
     relevant officers of the United States; and
       (3) afford other interested parties an opportunity to 
     present relevant information and advice.
       (c) Consultation With Congress.--The President shall 
     consult with the appropriate congressional committees--
       (1) before exercising any authority under subsection (a); 
     and
       (2) not less frequently than once every 180 days for the 
     duration of the exercise of such authority.
       (d) Notice.--Not later than 30 days after the date that the 
     President determines that a foreign trading partner is 
     subject to economic coercion or exercises any authority under 
     subsection (a), the President shall publish in the Federal 
     Register--
       (1) a notice of the determination or exercise of authority; 
     and
       (2) a description of the circumstances that led to such 
     determination or exercise of authority.
       (e) Revocation of Determination.--
       (1) In general.--Any determination made by the President 
     under subsection (a) shall be revoked on the earliest of--
       (A) the date that is 2 years after the date of such 
     determination;
       (B) the date of the enactment of a joint resolution 
     revoking the determination; or
       (C) the date on which the President issues a proclamation 
     revoking the determination.
       (2) Termination of authorities.--Any authority described in 
     section 1285(a) exercised pursuant to a determination that 
     has been revoked under paragraph (1) shall cease to be 
     exercised on the date of such revocation, except that such 
     revocation shall not affect--
       (A) any action taken or proceeding pending not finally 
     concluded or determined on such date; or
       (B) any rights or duties that matured or penalties that 
     were incurred prior to such date.

     SEC. 1285. AUTHORITIES TO ASSIST FOREIGN TRADING PARTNERS 
                   AFFECTED BY ECONOMIC COERCION.

       (a) Authorities With Respect to Foreign Trading Partners.--
     The authorities described in this subsection are the 
     following:
       (1) Subject to section 1286, with respect to goods imported 
     into the United States from a foreign trading partner subject 
     to economic coercion by a foreign adversary--
       (A) the reduction or elimination of duties; or
       (B) the modification of tariff-rate quotas.
       (2) Requesting appropriations for foreign aid to the 
     foreign trading partner.
       (3) Expedited decisions with respect to the issuance of 
     licenses for the export or reexport to, or in-country 
     transfer in, the foreign trading partner of items subject to 
     controls under the Export Administration Regulations, 
     consistent with the Export Control Reform Act of 2018 (50 
     U.S.C. 4801 et seq.).
       (4) Expedited regulatory processes related to the 
     importation of goods and services into the United States from 
     the foreign trading partner.
       (5) Requesting the necessary authority and appropriations 
     for sovereign loan guarantees to the foreign trading partner.
       (6) The waiver of policy requirements (other than policy 
     requirements mandated by an Act of Congress) as necessary to 
     facilitate the provision of financing to support exports to 
     the foreign trading partner.
       (7) Requesting appropriations for loan loss reserves to 
     facilitate the provision of financing to support United 
     States exports to the foreign trading partner.
       (8) The exemption of financing provided to support United 
     States exports to the foreign trading partner from section 
     8(g)(1) of the Export-Import Bank Act of 1945 (12 U.S.C. 
     635g(g)(1)).
       (b) Authorities With Respect to Foreign Adversaries.--With 
     respect to goods imported into the United States from a 
     foreign adversary engaged in economic coercion of a foreign 
     trading partner, the authorities described in this subsection 
     are the following:
       (1) The increase in duties.
       (2) The modification of tariff-rate quotas.
       (c) Coordination With Allies.--To broaden economic support 
     for a foreign trading partner, the President shall endeavor 
     to coordinate the exercise of the authorities described in 
     subsection (a) with other foreign trading partners.

     SEC. 1286. CONDITIONS WITH RESPECT TO TARIFF AUTHORITY.

       (a) Limitations on Tariff Authority.--The authority 
     described in section 1285(a)(1)--
       (1) does not include the authority to reduce or eliminate 
     antidumping or countervailing duties imposed under title VII 
     of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.);
       (2) may only apply to an article if--
       (A) such article is--
       (i) designated by the President as an eligible article for 
     purposes of the Generalized System of Preferences under 
     section 503 of the Trade Act of 1974 (19 U.S.C. 2463); and
       (ii) imported directly from the foreign trading partner 
     into the customs territory of the United States; and
       (B) the sum of the cost or value of the materials produced 
     in the foreign trading partner and the direct costs of 
     processing operations performed in such foreign trading 
     partner is not less than 35 percent of the appraised value of 
     such article at the time it is entered;
       (3) may not apply to any article that is the product of the 
     foreign trading partner by virtue of having merely 
     undergone--
       (A) simple combining or packaging operations; or
       (B) mere dilution with water or another substance that does 
     not materially alter the characteristics of the article; and
       (4) may not be applied in a manner that would provide 
     indirect economic benefit to a foreign adversary.
       (b) Consultation With Congress.--
       (1) In general.--Before exercising any authority described 
     in section 1285(a)(1) or 1285(b), the President shall submit 
     to Congress a notice of intent to exercise such authority 
     that includes a description of--
       (A) the circumstances that merit the exercise of such 
     authority;
       (B) the expected effects of the exercise of such authority 
     on the economy of the United States and businesses, workers, 
     farmers, and ranchers in the United States;
       (C) the expected effects of the exercise of such authority 
     on the foreign trading partner; and
       (D) the expected effects of the exercise of such authority 
     on the foreign adversary.
       (2) Congressional review.--During the period of 45 calendar 
     days beginning on the date on which the President submits a 
     notice of intent under paragraph (1), the appropriate 
     congressional committees should hold hearings and briefings 
     and otherwise obtain information in order to fully review the 
     proposed exercise of authority.
       (3) Joint resolution required.--Notwithstanding any other 
     provision of law, during the period for congressional review 
     described in paragraph (2), the President may not take the 
     proposed exercise of authority unless a joint resolution of 
     approval with respect to that exercise of authority is 
     enacted.
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