[Congressional Record Volume 169, Number 119 (Wednesday, July 12, 2023)]
[Senate]
[Pages S2400-S2403]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 232. Mr. YOUNG (for himself and Mr. Coons) submitted an amendment 
intended to be proposed by him to the bill S. 2226, to authorize 
appropriations for fiscal year 2024 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 the appropriate place, insert the following:

          DIVISION F--COUNTERING ECONOMIC COERCION ACT OF 2023

     SEC. 6001. SHORT TITLE.

       This title may be cited as the ``Countering Economic 
     Coercion Act of 2023''.

     SEC. 6002. 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 can threaten the essential security 
     of the United States and its allies.
       (4) Economic coercion is often characterized by--
       (A) arbitrary, abusive, 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, pre-textual, 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) 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.
       (6) The United States should provide meaningful economic 
     and political support to foreign trading partners affected by 
     economic coercion.
       (7) 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.
       (8) 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.
       (9) Such coordination will further demonstrate broad 
     resolve against economic coercion.

     SEC. 6003. DEFINITIONS.

       In this title:
       (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 
     subsection (a)(1) or (b) of section 6005--

       (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 
     paragraph (6) or (8) of section 6005(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 unreasonably 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.

[[Page S2401]]

       (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. 6004. DETERMINATION OF ECONOMIC COERCION.

       (a) Presidential Determination.--
       (1) 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--
       (A) in section 6005(a) to support or assist the foreign 
     trading partner; or
       (B) in section 6005(b) to penalize the foreign adversary.
       (2) Information; hearings.--To inform any determination or 
     exercise of authority under paragraph (1), the President 
     shall--
       (A) obtain the written opinion and analysis of 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;
       (B) seek information and advice from and consult with other 
     relevant officers of the United States; and
       (C) afford other interested parties an opportunity to 
     present relevant information and advice.
       (3) Consultation with congress.--The President shall 
     consult with the appropriate congressional committees--
       (A) not earlier than 30 days and not later than 10 days 
     before exercising any authority under paragraph (1); and
       (B) not less frequently than once every 180 days for the 
     duration of the exercise of such authority.
       (4) 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 
     paragraph (1), the President shall publish in the Federal 
     Register--
       (A) a notice of the determination or exercise of authority; 
     and
       (B) a description of the economic coercion that the foreign 
     adversary is applying to the foreign trading partner and 
     other circumstances that led to such determination or 
     exercise of authority.
       (b) Expedited Determination.--
       (1) In general.--If the Secretary of State determines that 
     a foreign trading partner is subject to economic coercion by 
     a foreign adversary, the Secretary of State or the head of 
     the relevant Federal agency may exercise any authority 
     described in paragraphs (2) through (7) of section 6005(a).
       (2) Notices.--
       (A) In general.--Not later than 10 days after a 
     determination under paragraph (1), the Secretary of State 
     shall submit to the appropriate congressional committees a 
     notice of such determination.
       (B) Exercise of authority.--Not later than 10 days after 
     the exercise of any authority described in paragraphs (2) 
     through (7) of section 6005(a) that relies on the 
     determination for which the Secretary of State submitted 
     notice under subparagraph (A), the Secretary of State or the 
     head of the relevant Federal agency relying on such 
     determination shall submit to the appropriate congressional 
     committees a notice of intent to exercise such authority, but 
     not more frequently than once every 90 days.
       (c) Revocation of Determination.--
       (1) In general.--Any determination made by the President 
     under subsection (a) or the Secretary of State under 
     subsection (b) 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 of 
     disapproval 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 6005(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. 6005. 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 6007, 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, including the 
     policies and procedures established pursuant to section 11 of 
     the Export-Import Bank Act of 1945 (12 U.S.C. 635i-5)) 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.

     SEC. 6006. COORDINATION WITH ALLIES AND PARTNERS.

       (a) Coordination by President.--After a determination by 
     the President that a foreign trading partner is subject to 
     economic coercion by a foreign adversary, the President shall 
     endeavor to coordinate--
       (1) the exercise of the authorities described in section 
     6005 with the exercise of relevant authorities by allies and 
     partners in order to broaden economic support to the foreign 
     trading partner affected by economic coercion; and
       (2) with allies and partners to issue joint condemnation of 
     the actions of the foreign adversary and support for the 
     foreign trading partner.
       (b) Coordination by Secretary.--The Secretary of State, in 
     coordination with the heads of the relevant agencies, shall 
     endeavor--
       (1) to encourage allies and partners to identify or create 
     mechanisms and authorities necessary to facilitate the 
     coordination under subsection (a)(1);
       (2) to coordinate with allies and partners to increase 
     opposition to economic coercion in the international 
     community;
       (3) to coordinate with allies and partners to deter the use 
     of economic coercion by foreign adversaries; and
       (4) to engage with foreign trading partners to gather 
     information about possible instances of economic coercion and 
     share such information with the appropriate congressional 
     committees.

     SEC. 6007. CONDITIONS WITH RESPECT TO TARIFF AUTHORITY.

       (a) Limitations on Tariff Authority.--The authority 
     described in section 6005(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 subsection (a)(1) or (b) of section 6005, the President 
     shall submit to the appropriate congressional committees 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.--
       (A) In general.--During the period of 45 calendar days 
     beginning on the date on

[[Page S2402]]

     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.
       (B) Limitation on exercise of authority during 
     congressional review.--Notwithstanding any other provision of 
     law, during the period for congressional review described in 
     subparagraph (A) of a notice of intent submitted under 
     paragraph (1), 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.
       (C) Effect of enactment of joint resolution of 
     disapproval.--Notwithstanding any other provision of law, if 
     a joint resolution of disapproval relating to a notice of 
     intent submitted under paragraph (1) is enacted during the 
     period for congressional review described in subparagraph 
     (A), the President may not take the proposed exercise of 
     authority.

     SEC. 6008. PROCESS FOR JOINT RESOLUTIONS OF APPROVAL OR 
                   DISAPPROVAL.

       (a) Definitions.--In this division:
       (1) Joint resolution of approval.--The term ``joint 
     resolution of approval'' means only a joint resolution of 
     either House of Congress--
       (A) which does not have a preamble;
       (B) the title of which is as follows: ``A joint resolution 
     approving the President's exercise of authority under section 
     6005 of the Countering Economic Coercion Act of 2023.''; and
       (C) the sole matter after the resolving clause of which is 
     as follows: ``That Congress approves the exercise of 
     authority by the President under section 6005 of the 
     Countering Economic Coercion Act of 2023, submitted to 
     Congress on ___.'', with the blank space being filled with 
     the appropriate date.
       (2) Joint resolution of disapproval.--The term ``joint 
     resolution of disapproval'' means--
       (A) with respect to a determination under section 6004(a), 
     only a joint resolution of either House of Congress--
       (i) which does not have a preamble;
       (ii) the title of which is as follows: ``A joint resolution 
     disapproving the President's determination under section 
     6004(a) of the Countering Economic Coercion Act of 2023.''; 
     and
       (iii) the sole matter after the resolving clause of which 
     is as follows: ``That Congress disapproves the determination 
     of the President under section 6004(a) of the Countering 
     Economic Coercion Act of 2023, published in the Federal 
     Register on ___.'', with the blank space being filled with 
     the appropriate date;
       (B) with respect to a determination under section 6004(b), 
     only a joint resolution of either House of Congress--
       (i) which does not have a preamble;
       (ii) the title of which is as follows: ``A joint resolution 
     disapproving the Secretary of State's determination under 
     section 6004(b) of the Countering Economic Coercion Act of 
     2023.''; and
       (iii) the sole matter after the resolving clause of which 
     is as follows: ``That Congress disapproves the determination 
     of the Secretary of State under section 6004(b) of the 
     Countering Economic Coercion Act of 2023, submitted to 
     Congress on ___.'', with the blank space being filled with 
     the appropriate date; and
       (C) with respect to section 6007, only a joint resolution 
     of either House of Congress--
       (i) which does not have a preamble;
       (ii) the title of which is as follows: ``A joint resolution 
     disapproving the President's exercise of authority under 
     section 6005 of the Countering Economic Coercion Act of 
     2023.''; and
       (iii) the sole matter after the resolving clause of which 
     is as follows: ``That Congress disapproves the exercise of 
     authority by the President under section 6005 of the 
     Countering Economic Coercion Act of 2023, submitted to 
     Congress on ___.'', with the blank space being filled with 
     the appropriate date.
       (b) Introduction in the House of Representatives.--During a 
     period of 5 legislative days beginning on the date that a 
     notice of determination is published in the Federal Register 
     in accordance with section 6004(a)(4) or submitted to the 
     appropriate congressional committees in accordance with 
     section 6004(b)(2)(A) or a notice of intent is submitted to 
     the appropriate congressional committees in accordance with 
     section 6004(b)(2)(B) or section 6007(b)(1), a joint 
     resolution of approval or a joint resolution of disapproval 
     may be introduced in the House of Representatives by the 
     majority leader or the minority leader.
       (c) Introduction in the Senate.--During a period of 5 days 
     on which the Senate is in session beginning on the date that 
     a notice of determination is published in the Federal 
     Register in accordance with section 6004(a)(4) or submitted 
     to the appropriate congressional committees in accordance 
     with section 6004(b)(2)(A) or a notice of intent is submitted 
     to the appropriate congressional committees in accordance 
     with section 6004(b)(2)(B) or section 6007(b)(1), a joint 
     resolution of approval or a joint resolution of disapproval 
     may be introduced in the Senate by the majority leader (or 
     the majority leader's designee) or the minority leader (or 
     the minority leader's designee).
       (d) Floor Consideration in the House of Representatives.--
       (1) Reporting and discharge.--If a committee of the House 
     of Representatives to which a joint resolution of approval or 
     joint resolution of disapproval has been referred has not 
     reported such joint resolution within 10 legislative days 
     after the date of referral, that committee shall be 
     discharged from further consideration of the joint 
     resolution.
       (2) Proceeding to consideration.--In the House of 
     Representatives, the following procedures shall apply to a 
     joint resolution of approval or a joint resolution of 
     disapproval:
       (A) Beginning on the third legislative day after each 
     committee to which a joint resolution of approval or joint 
     resolution of disapproval has been referred reports it to the 
     House of Representatives or has been discharged from further 
     consideration of the joint resolution, it shall be in order 
     to move to proceed to consider the joint resolution in the 
     House of Representatives.
       (B) All points of order against the motion are waived. Such 
     a motion shall not be in order after the House of 
     Representatives has disposed of a motion to proceed on a 
     joint resolution with regard to the same certification. 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.
       (3) Consideration.--The joint resolution 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 
     two 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.
       (e) Consideration in the Senate.--
       (1) Committee referral.--A joint resolution of approval or 
     a joint resolution of disapproval introduced in the Senate 
     shall be referred to the Committee on Foreign Relations.
       (2) Reporting and discharge.--If the Committee on Foreign 
     Relations has not reported a joint resolution of approval or 
     a joint resolution of disapproval within 10 days on which the 
     Senate is in session after the date of referral of such joint 
     resolution, that committee shall be discharged from further 
     consideration of such joint resolution and the joint 
     resolution shall be placed on the appropriate calendar.
       (3) Motion to proceed.--Notwithstanding Rule XXII of the 
     Standing Rules of the Senate, it is in order at any time 
     after the Committee on Foreign Relations reports the joint 
     resolution of approval or the joint resolution of disapproval 
     to the Senate or has been discharged from its consideration 
     (even though a previous motion to the same effect has been 
     disagreed to) to move to proceed to the consideration of the 
     joint resolution, and all points of order against the joint 
     resolution (and against consideration of the joint 
     resolution) shall be waived. 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. If a motion to 
     proceed to the consideration of the joint resolution of 
     approval or the joint resolution of disapproval is agreed to, 
     the joint resolution shall remain the unfinished business 
     until disposed.
       (4) Debate.--Debate on a joint resolution of approval or a 
     joint resolution of disapproval, and on all debatable motions 
     and appeals in connection with such joint resolution, shall 
     be limited to not more than 10 hours, which shall be divided 
     equally between the majority and minority leaders or their 
     designees. A motion to further limit debate is in order and 
     not debatable. An amendment to, or a motion to postpone, or a 
     motion to proceed to the consideration of other business, or 
     a motion to recommit the joint resolution is not in order.
       (5) Vote on passage.--The vote on passage shall occur 
     immediately following the conclusion of the debate on the 
     joint resolution of approval or the joint resolution of 
     disapproval and a single quorum call at the conclusion of the 
     debate, if requested in accordance with the rules of the 
     Senate.
       (6) Rules of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate, as the case may be, to the procedure 
     relating to the joint resolution of approval or the joint 
     resolution of disapproval shall be decided without debate.
       (7) Consideration of veto messages.--Debate in the Senate 
     of any veto message with respect to the joint resolution of 
     approval or the joint resolution of disapproval, including 
     all debatable motions and appeals in connection with such 
     joint resolution, shall be limited to 10 hours, to be equally 
     divided between, and controlled by, the majority leader and 
     the minority leader or their designees.
       (f) Procedures in the Senate.--Except as otherwise provided 
     in this section, the following procedures shall apply in the 
     Senate to a joint resolution of approval or a joint 
     resolution of disapproval to which this section applies:
       (1) Except as provided in paragraph (2), a joint resolution 
     of approval or a joint resolution of disapproval that has 
     passed the House of Representatives shall, when received in 
     the Senate, be referred to the Committee on Foreign Relations 
     for consideration in accordance with this subsection.

[[Page S2403]]

       (2) If a joint resolution of approval or a joint resolution 
     of disapproval to which this section applies was introduced 
     in the Senate before receipt of a joint resolution of 
     approval or a joint resolution of disapproval that has passed 
     the House of Representatives, the joint resolution from the 
     House of Representatives shall, when received in the Senate, 
     be placed on the calendar. If this paragraph applies, the 
     procedures in the Senate with respect to a joint resolution 
     of approval or a joint resolution of disapproval introduced 
     in the Senate that contains the identical matter as a joint 
     resolution of approval or a joint resolution of disapproval 
     that passed the House of Representatives shall be the same as 
     if no joint resolution of approval or joint resolution of 
     disapproval had been received from the House of 
     Representatives, except that the vote on passage in the 
     Senate shall be on the joint resolution of approval or the 
     joint resolution of disapproval that passed the House of 
     Representatives.
       (g) Rules of the House of Representatives and Senate.--This 
     section is enacted by Congress--
       (1) 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, 
     but applicable only with respect to the procedure to be 
     followed in that House in the case of a joint resolution of 
     approval or a joint resolution of disapproval under this 
     paragraph, and supersedes other rules only to the extent that 
     it is inconsistent with such rules; and
       (2) 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.
                                 ______