II 

117TH CONGRESS 

2D SESSION S. 4514 

To grant certain authorities to the President to combat economic coercion 

by foreign adversaries, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 13, 2022 

Mr. YOUNG (for himself and Mr. COONS) introduced the following bill; which 

was read twice and referred to the Committee on Foreign Relations 

A BILL 

To grant certain authorities to the President to combat economic coercion by foreign adversaries, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Countering Economic 

5 Coercion Act of 2022’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 The following is the sense of Congress: 

8 (1) Foreign adversaries are increasingly using 

9 economic coercion to pressure, punish, and influence 

10 foreign trading partners. 


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1 (2) Economic coercion causes economic harm to 

2 foreign trading partners and creates malign influ3 ence on the sovereign political actions of foreign 

4 trading partners. 

5 (3) Economic coercion of foreign trading part6 ners has negative effects on the national security of 

7 the United States. 

8 (4) Economic coercion is often characterized 

9 by— 

10 (A) arbitrary and discriminatory actions 

11 that run counter to the rules-based inter12 national order; 

13 (B) capricious and non-transparent actions 

14 taken without due process afforded; 

15 (C) intimidation or threats of punitive ac16 tions; and 

17 (D) informal actions that take place with18 out explicit government action. 

19 (5) Recent acts of economic coercion have in20 cluded instances in which foreign adversaries have— 

21 (A) arbitrarily restricted transportation of 

22 exports from a foreign trading partner to the 

23 foreign adversary; 

24 (B) acted in a capricious and non-trans25 parent manner to prevent or dissuade conVerDate Sep 11 2014 23:00 Jul 14, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4514.IS S4514

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1 sumers from purchasing imports from a foreign 

2 trading partner; 

3 (C) enacted arbitrary technical barriers to 

4 trade in goods and services in response to polit5 ical actions taken by a foreign trading partner; 

6 (D) arbitrarily restricted market access or 

7 otherwise limited the import of goods or serv8 ices from a foreign trading partner; 

9 (E) arbitrarily restricted investment in or 

10 export of goods or services to a foreign trading 

11 partner; and 

12 (F) acted in a non-transparent manner to 

13 manipulate a private entity with the intent of 

14 causing economic harm to or influencing sov15 ereign political actions of a foreign trading 

16 partner. 

17 (6) Existing mechanisms for trade dispute reso18 lution and international arbitration are inadequate 

19 for responding to economic coercion in a timely and 

20 effective manner as foreign adversaries exploit plau21 sible deniability and lengthy processes. 

22 (7) The United States should provide material 

23 support to foreign trading partners affected by eco24 nomic coercion. 


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1 (8) Responding to economic coercion will be 

2 most effective when the United States provides relief 

3 to affected foreign trading partners in coordination 

4 with allies and like-minded countries. 

5 (9) Such coordination will further demonstrate 

6 broad resolve against economic coercion. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

9 (1) ECONOMIC COERCION.—The term ‘‘eco10 nomic coercion’’ means actions, measures, or threats 

11 undertaken by a foreign adversary to restrain, ob12 struct, or manipulate trade, foreign aid, investment, 

13 or commerce in an arbitrary, capricious, or non14 transparent manner with the intention to cause eco15 nomic harm or influence sovereign political actions. 

16 (2) EXPORT; EXPORT ADMINISTRATION REGU17 LATIONS; IN-COUNTRY TRANSFER; REEXPORT.—The 

18 terms ‘‘export’’, ‘‘Export Administration Regula19 tions’’, ‘‘in-country transfer’’, and ‘‘reexport’’ have 

20 the meanings given those terms in section 1742 of 

21 the Export Control Reform Act of 2018 (50 U.S.C. 

22 4801). 

23 (3) FOREIGN ADVERSARY.—The term ‘‘foreign 

24 adversary’’ has the meaning given that term in secVerDate Sep 11 2014 23:00 Jul 14, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4514.IS S4514

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1 tion 8(c)(2) of the Secure and Trusted Communica2 tions Networks Act of 2019 (47 U.S.C. 1607(c)(2)). 

3 (4) FOREIGN TRADING PARTNER.—The term 

4 ‘‘foreign trading partner’’ means a jurisdiction that 

5 is a trading partner of the United States. 

6 SEC. 4. DETERMINATION OF ECONOMIC COERCION. 

7 (a) IN GENERAL.—If the President determines that 

8 a foreign trading partner is subject to economic coercion, 

9 the President may exercise any authority described in sec10 tion 5(a) to support or assist the foreign trading partner 

11 in a manner proportionate to the economic coercion. 

12 (b) INFORMATION; HEARINGS.—To inform any deter13 mination or exercise of authority under subsection (a), the 

14 President may— 

15 (1) consult with the Secretary of State, the Sec16 retary of Commerce, the United States Trade Rep17 resentative, and the heads of other Federal agencies, 

18 as the President considers appropriate; 

19 (2) seek information and advice from and con20 sult with other relevant officers of the United States; 

21 and 

22 (3) afford other interested parties an oppor23 tunity to present relevant information and advice. 

24 (c) CONSULTATION WITH CONGRESS.—The Presi25 dent shall consult with Congress— 


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1 (1) before exercising any authority under sub2 section (a); and 

3 (2) regularly for the duration of the exercise of 

4 such authority. 

5 (d) NOTICE.—Not later than 30 days after the date 

6 that the President determines that a foreign trading part7 ner is subject to economic coercion or exercises any au8 thority under subsection (a), the President shall publish 

9 in the Federal Register— 

10 (1) a notice of the determination or exercise of 

11 authority; and 

12 (2) a description of the circumstances that led 

13 to such determination or exercise of authority. 

14 SEC. 5. AUTHORITIES TO ASSIST FOREIGN TRADING PART15 NERS AFFECTED BY ECONOMIC COERCION. 

16 (a) IN GENERAL.—The authorities described in this 

17 subsection are the following: 

18 (1) With respect to goods imported into the 

19 United States from a foreign trading partner subject 

20 to economic coercion by a foreign adversary— 

21 (A) the reduction or elimination of any du22 ties; or 

23 (B) the modification of tariff-rate quotas. 

24 (2) Requesting appropriations for foreign aid to 

25 the foreign trading partner. 


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1 (3) Expedited decisions with respect to the 

2 issuance of licenses for the export or reexport to, or 

3 in-country transfer in, the foreign trading partner of 

4 items subject to controls under the Export Adminis5 tration Regulations, consistent with the Export Con6 trol Reform Act of 2018 (50 U.S.C. 4801 et seq.). 

7 (4) Expedited regulatory processes related to 

8 the importation of goods and services into the 

9 United States from the foreign trading partner. 

10 (5) Requesting the necessary authority and ap11 propriations for sovereign loan guarantees to the for12 eign trading partner. 

13 (6) The waiver of policy requirements (other 

14 than policy requirements mandated by an Act of 

15 Congress) as necessary to facilitate the provision of 

16 financing to support exports to the foreign trading 

17 partner. 

18 (7) Requesting appropriations for loan loss re19 serves to facilitate the provision of financing to sup20 port United States exports to the foreign trading 

21 partner. 

22 (8) The exemption of financing provided to sup23 port United States exports to the foreign trading 

24 partner from section 8(g)(1) of the Export-Import 

25 Bank Act of 1945 (12 U.S.C. 635g(g)(1)). 


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1 (b) COORDINATION WITH ALLIES.—To broaden eco2 nomic support for a foreign trading partner, the President 

3 shall endeavor to coordinate the exercise of the authorities 

4 described in subsection (a) with other foreign trading part5 ners. 

6 SEC. 6. REVOCATION OF DETERMINATION. 

7 (a) IN GENERAL.—Any determination made by the 

8 President under section 4 shall be revoked on the earliest 

9 of— 

10 (1) the date that is 2 years after the date of 

11 such determination; 

12 (2) the date of the enactment of a joint resolu13 tion revoking the determination; or 

14 (3) the date on which the President issues a 

15 proclamation revoking the determination. 

16 (b) TERMINATION OF AUTHORITIES.—Any authority 

17 described in section 5(a) exercised pursuant to a deter18 mination that has been revoked under subsection (a) shall 

19 cease to be exercised on the date of such revocation, except 

20 that such revocation shall not affect— 

21 (1) any action taken or proceeding pending not 

22 finally concluded or determined on such date; or 

23 (2) any rights or duties that matured or pen24 alties that were incurred prior to such date. 

Æ 


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