[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1284 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 1284
To provide for congressional review of the imposition of duties and
other trade measures by the executive branch, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2019
Mr. Lee (for himself, Mr. Toomey, Mr. Moran, Mr. Gardner, and Mr.
Blunt) introduced the following bill; which was read twice and referred
to the Committee on Finance
_______________________________________________________________________
A BILL
To provide for congressional review of the imposition of duties and
other trade measures by the executive branch, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Trade Accountability Act of
2019''.
SEC. 2. 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.
``(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.''.
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