Bicameral Congressional Trade Authority Act of 2021
This bill requires congressional approval for a presidential import adjustment due to a national security threat from an import related to military equipment, energy resources, or critical infrastructure essential to national security. 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 Department of Defense (currently, the Department of Commerce) must investigate the effect of these imports on national security.
The bill retroactively applies to any proposed action made four years before enactment of this bill. In general, any rate of duty modification occurring in the time period beginning four years before and ending the day before enactment of this bill must revert to the previous rate unless it receives congressional approval.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2934 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2934
To amend the Trade Expansion Act of 1962 to impose limitations on the
authority of the President to adjust imports that are determined to
threaten to impair national security, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 5, 2021
Mr. Toomey (for himself, Mr. Warner, Mr. Carper, Mr. Cornyn, Mr. Crapo,
Mrs. Feinstein, Mr. Grassley, Ms. Hassan, Mr. Johnson, Mr. Kaine, Mr.
King, Mr. Lankford, Mr. Lee, Mr. Moran, Mr. Sasse, Mr. Schatz, Mr.
Scott of South Carolina, Mrs. Shaheen, and Mr. Tillis) 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 impose limitations on the
authority of the President to adjust imports that are determined to
threaten to impair national security, 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 ``Bicameral Congressional Trade
Authority Act of 2021''.
SEC. 2. LIMITATIONS ON AUTHORITY OF PRESIDENT TO ADJUST IMPORTS
DETERMINED TO THREATEN TO IMPAIR NATIONAL SECURITY.
(a) Limitation on Articles for Which Action May Be Taken.--Section
232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862) is amended--
(1) by striking ``an article'' each place it appears and
inserting ``a covered article'';
(2) by striking ``any article'' each place it appears and
inserting ``any covered article'';
(3) by striking ``the article'' each place it appears and
inserting ``the covered article'';
(4) in the first subsection (d), by striking ``In the
administration'' and all that follow through ``national
security.''; and
(5) by adding at the end the following:
``(i) Definitions.--In this section:
``(1) Covered article.--The term `covered article' means an
article related to the development, maintenance, or protection
of military equipment, energy resources, or critical
infrastructure essential to national security.
``(2) National security.--The term `national security'--
``(A) means the protection of the United States
from foreign aggression; and
``(B) does not otherwise include the protection of
the general welfare of the United States.''.
(b) Responsibility of Secretary of Defense for Investigations.--
Section 232(b) of the Trade Expansion Act of 1962 (19 U.S.C. 1862(b))
is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``the
Secretary of Commerce (hereafter in the section
referred to as the `Secretary')'' and inserting ``the
Secretary of Defense''; and
(B) in subparagraph (B)--
(i) by striking ``The Secretary'' and
inserting ``The Secretary of Defense''; and
(ii) by striking ``the Secretary of
Defense'' and inserting ``the Secretary of
Commerce'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``the Secretary'' and inserting ``the
Secretary of Defense''; and
(ii) in clause (i), by striking ``the
Secretary of Defense'' and inserting ``the
Secretary of Commerce''; and
(B) by amending subparagraph (B) to read as
follows:
``(B) Upon the request of the Secretary of Defense, the Secretary
of Commerce shall provide to the Secretary of Defense an assessment of
the quantity of imports of any covered article that is the subject of
an investigation conducted under this subsection and the circumstances
under which the covered article is imported.'';
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) in the first sentence, by striking
``the Secretary shall submit'' and all that
follows through ``recommendations of the
Secretary'' and inserting ``the Secretary of
Defense and the Secretary of Commerce shall
jointly submit to the President a report on the
findings of the investigation and, based on
such findings, the recommendations of the
Secretary of Commerce''; and
(ii) in the second sentence, by striking
``Secretary finds'' and all that follows
through ``Secretary shall'' and inserting
``Secretaries find that the covered article is
being imported into the United States in such
quantities or under such circumstances as to be
a substantial cause of a threat to impair the
national security, the Secretaries shall''; and
(B) in subparagraph (B), by striking ``by the
Secretary''; and
(4) in paragraph (4), by striking ``Secretary'' and
inserting ``Secretary of Defense''.
(c) Determinations of President.--Section 232(c) of the Trade
Expansion Act of 1962 (19 U.S.C. 1862(c)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (B);
(B) in the matter preceding clause (i)--
(i) by striking ``(A) Within'' and
inserting ``Within''; and
(ii) by striking ``in which the Secretary''
and inserting ``that'';
(C) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively;
(D) in subparagraph (A), as redesignated by
subparagraph (C), by striking ``of the Secretary''; and
(E) by amending subparagraph (B), as redesignated
by subparagraph (C), to read as follows:
``(B) if the President concurs, submit to Congress, not
later than 15 days after making that determination, a proposal
regarding the nature and duration of the action that, in the
judgment of the President, should be taken to adjust the
imports of the covered article and its derivatives so that such
imports will not be a substantial cause of a threat to impair
the national security.''; and
(2) 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).''.
(d) Congressional Approval of Presidential Adjustment of Imports.--
Section 232(f) of the Trade Expansion Act of 1962 (19 U.S.C. 1862(f))
is amended to read as follows:
``(f) Congressional Approval of Presidential Adjustment of Imports;
Joint Resolution of Approval.--
``(1) In general.--An action to adjust imports proposed by
the President in a report submitted to Congress under
subsection (c)(2) shall have force and effect only if, during
the period of 60 calendar days beginning on the date on which
the report is submitted, a joint resolution of approval is
enacted pursuant to paragraph (2).
``(2) 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 proposal of the President
relating to the adjustment of imports to
protect the national security as described 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 (1), a joint
resolution of approval may be introduced in either
House by any Member.
``(C) Consideration in house of representatives.--
``(i) Committee referral.--A joint
resolution of approval introduced in the House
of Representatives shall be referred to the
Committee on Ways and Means.
``(ii) Reporting and discharge.--If the
Committee on Ways and Means has not reported
the joint resolution of approval within 10
calendar days after the date of referral, the
Committee shall be discharged from further
consideration of the joint resolution.
``(iii) Proceeding to consideration.--
Beginning on the third legislative day after
the Committee on Ways and Means reports the
joint resolution of approval 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) Floor consideration.--The joint
resolution of approval 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.
``(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 on Finance has not reported the joint
resolution of approval within 10 calendar days
after the date of referral of the joint
resolution, the 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 to the procedure relating to a joint
resolution of approval shall be decided by the
Senate without debate.
``(E) Treatment of house joint resolution in
senate.--
``(i) Committee referral.--Except as
provided in clause (ii), a joint resolution of
approval that has passed the House of
Representatives shall, when received in the
Senate, be referred to the Committee on Finance
for consideration in accordance with
subparagraph (D).
``(ii) Consideration of house resolution.--
If a joint resolution of approval was
introduced in the Senate before receipt of a
joint resolution of approval that has passed
the House of Representatives--
``(I) the joint resolution from the
House of Representatives shall, when
received in the Senate, be placed on
the calendar; and
``(II) the procedures in the Senate
with respect to a joint resolution of
approval introduced in the Senate shall
be the same as if no joint resolution
of approval had been received from the
House of Representatives, except that
the vote on passage in the Senate shall
be on the joint resolution that passed
the House of Representatives.
``(iii) House resolution received after
passage by senate.--If the Senate passes a
joint resolution of approval before receiving a
joint resolution of approval from the House of
Representatives, the joint resolution of the
Senate shall be held at the desk pending
receipt of the joint resolution from the House
of Representatives. Upon receipt of the joint
resolution of approval from the House of
Representatives, such joint resolution shall be
deemed to be read twice, considered, read the
third time, and passed.
``(iv) Consideration of house resolution if
no resolution introduced in senate.--If the
Senate receives a joint resolution of approval
from the House of Representatives, and no joint
resolution of approval has been introduced in
the Senate, the procedures described in
subparagraph (D) shall apply to consideration
of the joint resolution of the House.
``(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.''.
(e) Exclusion Process; Report.--Section 232 of the Trade Expansion
Act of 1962 (19 U.S.C. 1862) is amended by inserting after subsection
(f) the following:
``(g) Administration of Exclusion Process.--
``(1) In general.--The United States International Trade
Commission shall administer a process for granting requests for
the exclusion of covered articles from any actions, including
actions to impose duties or quotas, taken by the President
under subsection (c).
``(2) Requirements.--In administering the process required
by paragraph (1), the International Trade Commission shall--
``(A) consider, when determining whether to grant
an exclusion with respect to a covered article, if the
covered article is produced in the United States and is
of sufficient quality, available in sufficient
quantities, and available on a reasonable timeframe;
``(B) ensure that an exclusion granted with respect
to a covered article is available to any person that
imports the covered article; and
``(C) not disclose business proprietary
information.
``(3) Publication of procedures.--The International Trade
Commission shall publish in the Federal Register and make
available on a publicly available internet website of the
Commission a description of the procedures to be followed by a
person requesting an exclusion under paragraph (1) with respect
to a covered article.
``(h) Report by International Trade Commission.--Not later than 18
months after the President takes action under subsection (c) to adjust
imports of a covered article, the International Trade Commission shall
submit to Congress a report assessing the effects of the action on--
``(1) the industry to which the covered article relates;
and
``(2) the overall economy of the United States.''.
(f) Conforming Amendments.--Section 232 of the Trade Expansion Act
of 1962 (19 U.S.C. 1862), as amended by this section, is further
amended--
(1) in the first subsection (d), by striking ``the
Secretary and the President'' each place it appears and
inserting ``the Secretary of Defense, the Secretary of
Commerce, and the President'';
(2) by redesignating the second subsection (d) as
subsection (e); and
(3) in paragraph (1) of subsection (e), as redesignated by
paragraph (2), by striking ``the Secretary'' and inserting
``the Secretary of Defense''.
(g) Effective Date.--Except as provided by subsection (h), the
amendments made by this section shall apply with respect to any
proposed action under section 232(c) of the Trade Expansion Act of 1962
(19 U.S.C. 1862(c)) on or after the date that is 4 years before the
date of the enactment of this Act.
(h) Transition Rules.--
(1) Approval process for actions take before date of
enactment.--
(A) In general.--If, during the period specified in
paragraph (2), the President makes a determination
described in subsection (c) of section 232 of the Trade
Expansion Act of 1962, as in effect on the day before
the date of the enactment of this Act, to take action
with respect to an article--
(i) not later than 15 days after such date
of enactment, the President shall resubmit to
Congress the report required under that section
with respect to the action; and
(ii) the action shall have force and effect
after the day that is 75 days after such date
of enactment only if, during the period of 60
calendar days beginning on the date on which
the report is resubmitted under clause (i), a
joint resolution of approval is enacted
pursuant to subsection (f)(2) of the Trade
Expansion Act of 1962, as amended by this
section, with respect to the action.
(B) Nonapplicability of definitions.--Subparagraph
(A) shall apply with respect to an action without
regard to whether the article to which the action
relates is a covered article (as defined in subsection
(i) of section 232 of the Trade Expansion Act of 1962,
as added by this section).
(2) Period specified.--The period specified in this
paragraph is the period beginning on the date that is 4 years
before the date of the enactment of this Act and ending on the
day before such date of enactment.
(3) Administration of exclusion process.--In the case of an
action with respect to which a resolution of approval is
enacted as required by paragraph (1)(A)(ii), the Secretary of
Commerce shall continue to administer the process established
before the date of the enactment of this Act for granting
requests for the exclusion of articles from the action.
(4) International trade commission report.--Not later than
180 days after the date of the enactment of this Act, the
United States International Trade Commission shall submit to
Congress a report described in subsection (h) of section 232 of
the Trade Expansion Act of 1962, as added by this section,
relating to each action taken under subsection (c) of section
232 of the Trade Expansion Act of 1962, as in effect on the day
before such date of enactment, during the period specified in
paragraph (2).
(5) Termination of actions not approved.--
(A) In general.--An action described in
subparagraph (B) shall terminate on the day that is 75
days after the date of the enactment of this Act.
(B) Action described.--An action described in this
subparagraph is an action with respect to which--
(i) the President made a determination
described in subsection (c) of section 232 of
the Trade Expansion Act of 1962, as in effect
on the day before the date of the enactment of
this Act, during the period specified in
paragraph (2); and
(ii) a joint resolution of approval is not
enacted as required by paragraph (1)(A)(ii).
(C) Modification of duty rate amounts.--
(i) In general.--Any rate of duty modified
under section 232(c) of the Trade Expansion Act
of 1962, as in effect on the day before the
date of the enactment of this Act, pursuant to
an action described in subparagraph (B) shall,
on the day that is 75 days after the date of
the enactment of this Act, revert to the rate
of duty in effect before such modification.
(ii) Retroactive application for certain
liquidations and reliquidations.--
(I) In general.--Subject to
subclause (II), an entry of an article
shall be liquidated or reliquidated as
though such entry occurred on the date
that is 75 days after the date of the
enactment of this Act if--
(aa) the rate of duty
applicable to the article was
modified pursuant to an action
described in subparagraph (B);
and
(bb) a lower rate of duty
would be applicable due to the
application of clause (i).
(II) Requests.--A liquidation or
reliquidation may be made under
subclause (I) with respect to an entry
only if a request therefor is filed
with U.S. Customs and Border Protection
not later than 255 days after the date
of the enactment of this Act that
contains sufficient information to
enable U.S. Customs and Border
Protection--
(aa) to locate the entry;
or
(bb) 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 subclause (I) shall be paid,
without interest, not later than 90
days after the date of the liquidation
or reliquidation (as the case may be).
(iii) Entry defined.--In this paragraph,
the terms ``entry'' includes a withdrawal from
warehouse for consumption.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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