This bill amends the Trade Expansion Act of 1962 to require congressional approval for a presidential adjustment of an import due to a national security threat. Specifically, the bill requires the President to submit a proposal to Congress, which Congress may approve by a joint resolution. Under current law, the President determines whether any adjustment of an import is necessary, and must submit to Congress the reasons for any action taken or not taken.
The bill retroactively applies to any proposed action made two years before enactment of this bill. In general, any rate of duty modification occurring in the time period two years before enactment of this bill and the date before enactment of this bill must revert to the previous rate.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3013 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 3013
To amend the Trade Expansion Act of 1962 to require Congressional
approval before the President adjusts imports that are determined to
threaten to impair national security.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 6, 2018
Mr. Corker (for himself, Ms. Heitkamp, Mr. Toomey, Mr. Warner, Mr.
Alexander, Mr. Schatz, Mr. Johnson, Mr. Van Hollen, Mr. Flake, Mr. Lee,
Mr. Sasse, Mrs. Shaheen, and Mr. Isakson) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Trade Expansion Act of 1962 to require Congressional
approval before the President adjusts imports that are determined to
threaten to impair national security.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CONGRESSIONAL APPROVAL BEFORE ADJUSTMENT BY PRESIDENT OF
IMPORTS DETERMINED TO THREATEN TO IMPAIR NATIONAL
SECURITY.
(a) In General.--Section 232 of the Trade Expansion Act of 1962 (19
U.S.C. 1862) is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by striking subparagraph (B);
(ii) in the matter preceding clause (i), by
striking ``(A) Within'' and inserting
``Within'';
(iii) by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively; and
(iv) in subparagraph (B), as redesignated
by clause (iii)--
(I) by striking ``determine'' and
inserting ``submit to Congress, not
later than 15 days after making that
determination, a proposal regarding'';
and
(II) by striking ``must'' and
inserting ``should''; and
(B) by striking paragraphs (2) and (3) and
inserting the following:
``(2) The President shall submit to Congress for review under
subsection (f) a report describing the action proposed to be taken
under paragraph (1) and specifying the reasons for such proposal. Such
report shall be included in the report published under subsection
(e).'';
(2) by redesignating the second subsection (d) as
subsection (e); and
(3) by striking subsection (f) and inserting the following:
``(f) Congressional Approval of Presidential Adjustment of Imports;
Joint Resolution of Approval.--
``(1) In general.--An action to adjust imports proposed by
the President and submitted to Congress under subsection (c)(2)
shall have force and effect only upon the enactment of a joint
resolution of approval, provided for in paragraph (3), relating
to that action.
``(2) Period for review by congress.--The period for
congressional review of a report required to be submitted under
subsection (c)(2) shall be 60 calendar days.
``(3) Joint resolutions of approval.--
``(A) Joint resolution of approval defined.--In
this subsection, the term `joint resolution of
approval' means only a joint resolution of either House
of Congress--
``(i) the title of which is as follows: `A
joint resolution approving the proposal of the
President to take an action relating to the
adjustment of imports entering into the United
States in such quantities or under such
circumstances as to threaten or impair the
national security.'; and
``(ii) the sole matter after the resolving
clause of which is the following: `Congress
approves of the recommendation of the President
to Congress relating to the adjustment of
imports to protect the national security as
proposed by the President in the report
submitted to Congress under section 232(c)(2)
of the Trade Expansion Act of 1962 (19 U.S.C.
1862(c)(2)) on _____ relating to _____.', with
the first blank space being filled with the
appropriate date and the second blank space
being filled with a short description of the
proposed action.
``(B) Introduction.--During the period of 60
calendar days provided for under paragraph (2), a joint
resolution of approval may be introduced and shall be
referred to the appropriate committee.
``(C) Floor consideration in house of
representatives.--If a committee of the House of
Representatives to which a joint resolution of approval
has been referred has not reported the joint resolution
within 10 calendar days after the date of referral,
that committee shall be discharged from further
consideration of the joint resolution.
``(D) Consideration in the senate.--
``(i) Committee referral.--A joint
resolution of approval introduced in the Senate
shall be referred to the Committee on Finance.
``(ii) Reporting and discharge.--If the
committee to which a joint resolution of
approval was referred has not reported the
joint resolution within 10 calendar days after
the date of referral of the joint resolution,
that committee shall be discharged from further
consideration of the joint resolution and the
joint resolution shall be placed on the
appropriate calendar.
``(iii) Proceeding to consideration.--
Notwithstanding Rule XXII of the Standing Rules
of the Senate, it is in order at any time after
the Committee on Finance reports a joint
resolution of approval or has been discharged
from consideration of such a joint resolution
to move to proceed to the consideration of the
joint resolution. 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.
``(iv) Rulings 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 a joint resolution of approval
shall be decided by the Senate without debate.
``(E) Rules relating to senate and house of
representatives.--
``(i) Treatment of senate joint resolution
in house.--In the House of Representatives, the
following procedures shall apply to a joint
resolution of approval received from the Senate
(unless the House has already passed a joint
resolution relating to the same proposed
action):
``(I) The joint resolution shall be
referred to the Committee on Ways and
Means.
``(II) If the Committee on Ways and
Means has not reported the joint
resolution within 2 calendar days after
the date of referral, that committee
shall be discharged from further
consideration of the joint resolution.
``(III) Beginning on the third
legislative day after each committee to
which a joint resolution has been
referred reports the joint resolution
to the House or has been discharged
from further consideration thereof, it
shall be in order to move to proceed to
consider the joint resolution in the
House. All points of order against the
motion are waived. Such a motion shall
not be in order after the House has
disposed of a motion to proceed on the
joint resolution. 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.
``(IV) 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 2 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.
``(ii) Treatment of house joint resolution
in senate.--
``(I) If, before the passage by the
Senate of a joint resolution of
approval, the Senate receives an
identical joint resolution from the
House of Representatives, the following
procedures shall apply:
``(aa) That joint
resolution shall not be
referred to a committee.
``(bb) With respect to that
joint resolution--
``(AA) the
procedure in the Senate
shall be the same as if
no joint resolution had
been received from the
House of
Representatives; but
``(BB) the vote on
passage shall be on the
joint resolution from
the House of
Representatives.
``(II) If, following passage of a
joint resolution of approval in the
Senate, the Senate receives an
identical joint resolution from the
House of Representatives, that joint
resolution shall be placed on the
appropriate Senate calendar.
``(III) If a joint resolution of
approval is received from the House,
and no companion joint resolution has
been introduced in the Senate, the
Senate procedures as described in
subparagraph (D) shall apply to the
House joint resolution.
``(F) Rules of house of representatives and
senate.--This paragraph is enacted by Congress--
``(i) 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, and supersedes other rules only
to the extent that it is inconsistent with such
rules; and
``(ii) 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.''.
(b) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall apply to any proposed action covered by subsection (c) of
section 232 of the Trade Expansion Act of 1962 (19 U.S.C.
1862), as so amended, on or after the date that is two years
before the date of the enactment of this Act.
(2) Timing of certain proposals.--If the President makes a
determination described in subsection (c)(1)(A) of such
section, as so amended, during the period beginning on the date
that is two years before the date of the enactment of this Act
and ending on the day before such date of enactment, the
submission to Congress of the proposal described in subsection
(c)(1)(B) of such section, as so amended, shall be required not
later than 15 days after such date of enactment.
(3) Modification of duty rate amounts.--
(A) In general.--Any rate of duty modified under
section 232(c) of the Trade Expansion Act of 1962 (19
U.S.C. 1862(c)) during the period specified in
paragraph (2) shall on the date of the enactment of
this Act revert to the rate of duty in effect before
such modification.
(B) Retroactive application for certain
liquidations and reliquidations.--
(i) In general.--Subject to clause (ii),
any entry of an article that--
(I) was made--
(aa) on or after the date
that is two years before the
date of the enactment of this
Act; and
(bb) before such date of
enactment; and
(II) to which a lower rate of duty
would be applicable due to the
application of subparagraph (A),
shall be liquidated or reliquidated as though
such entry occurred on such date of enactment.
(ii) Requests.--A liquidation or
reliquidation may be made under clause (i) with
respect to an entry only if a request therefor
is filed with U.S. Customs and Border
Protection not later than 180 days after the
date of the enactment of this Act that contains
sufficient information to enable U.S. Customs
and Border Protection--
(I) to locate the entry; or
(II) to reconstruct the entry if it
cannot be located.
(iii) Payment of amounts owed.--Any amounts
owed by the United States pursuant to the
liquidation or reliquidation of an entry of an
article under clause (i) shall be paid, without
interest, not later than 90 days after the date
of the liquidation or reliquidation (as the
case may be).
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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