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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2761 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2761

 To deter conflict in the Taiwan Strait by establishing conditions for 
suspending normal trade relations with the People's Republic of China, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 11, 2023

 Mr. Lankford introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
 To deter conflict in the Taiwan Strait by establishing conditions for 
suspending normal trade relations with the People's Republic of China, 
                        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 ``Deterring Escalation Through 
Economic Retaliation Act of 2023'' or the ``DETER Act of 2023''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress makes the following findings:
            (1) The People's Republic of China has enjoyed normal trade 
        relations with the United States since its approval to join the 
        World Trade Organization on November 10, 2001, and formal 
        accession on December 10, 2001.
            (2) The aggression of the People's Republic of China toward 
        Taiwan has increased in recent years, as incursions into 
        Taiwan's Air Defense Identification Zone by aircraft of the 
        People's Liberation Army increased 178 percent from 2021 to 
        2022.
            (3) The economic coercion of the People's Republic of China 
        toward Taiwan has also increased in recent years, as the 
        People's Republic of China has banned the import of more than 
        2,000 food products from Taiwan since August 2022.
            (4) The United States has a long-standing commitment to the 
        security of Taiwan and stability of cross-strait relations as 
        outlined in the Six Assurances, the three United States-
        People's Republic of China Joint Communiques, and the Taiwan 
        Relations Act (22 U.S.C. 3301 et seq.).
            (5) In response to the unprovoked invasion of Ukraine by 
        the Russian Federation, the United States revoked 
        nondiscriminatory treatment for imports from the Russian 
        Federation and Belarus on April 8, 2022.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States has a strong interest in deterring 
        the People's Republic of China from invading and seizing 
        control of Taiwan and should employ economic levers of 
        influence to promote and preserve a free and open Indo-Pacific, 
        including prevention of aggression by the People's Republic of 
        China toward Taiwan;
            (2) aggression by the People's Republic of China toward 
        Taiwan would be a violation of international norms and 
        inconsistent with standards of conduct required for countries 
        enjoying normal trade relations in the United States market; 
        and
            (3) the policies of the People's Republic of China violate 
        its obligations under the Protocol on the Accession of the 
        People's Republic of China, including nonmarket practices, 
        intellectual property theft, use of forced labor, and civil-
        military fusion.

SEC. 3. ANNUAL CERTIFICATION REGARDING MILITARY FORCE AGAINST TAIWAN BY 
              THE PEOPLE'S REPUBLIC OF CHINA.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, and annually thereafter, the President shall 
submit to the appropriate congressional committees a report that 
includes a certification with respect to whether or not any entity of 
the People's Republic of China, including the People's Liberation Army, 
engaged in an act of coercion or military aggression that violated the 
sovereignty or territorial integrity of Taiwan during the one-year 
period preceding submission of the report.
    (b) Requests From Congress.--
            (1) Requests.--At any point during the one-year period 
        after submission of a report required by subsection (a) and 
        before submission of the next such report, any Member of 
        Congress may inquire in writing of the President with respect 
        to whether the certification included in the most recent such 
        report is still accurate.
            (2) Responses.--Upon receiving an inquiry from a Member of 
        Congress under paragraph (1), the President shall respond in 
        writing with respect to whether the certification included in 
        the most recent report submitted under subsection (a) is still 
        accurate.

SEC. 4. SUSPENSION OF NORMAL TRADE RELATIONS WITH THE PEOPLE'S REPUBLIC 
              OF CHINA.

    (a) Suspension.--
            (1) In general.--Notwithstanding title I of the Act 
        entitled, ``An Act to authorize extension of nondiscriminatory 
        treatment (normal trade relations treatment) to the People's 
        Republic of China, and to establish a framework for relations 
        between the United States and the People's Republic of China'', 
        approved October 10, 2000 (Public Law 106-286; 114 Stat. 881), 
        or any other provision of law, if, in a report submitted under 
        section 3(a), the President is unable to certify that no entity 
        of the People's Republic of China, including the People's 
        Liberation Army, engaged in an act of coercion or military 
        aggression that violated the sovereignty or territorial 
        integrity of Taiwan during the one-year period preceding 
        submission of the report--
                    (A) on and after the date that is 30 days after 
                submission of the report, the rates of duty set forth 
                in column 2 of the Harmonized Tariff Schedule of the 
                United States shall apply to all products of the 
                People's Republic of China; and
                    (B) not later than the date described in 
                subparagraph (A), the President shall proclaim 
                increases in such rates of duty with respect to such 
                products.
            (2) Prior consultation.--The President shall, not later 
        than 5 calendar days before issuing any proclamation under 
        paragraph (1)(B), consult with the appropriate congressional 
        committees regarding the basis for and anticipated impact of 
        the proposed increases to rates of duty under that paragraph.
    (b) Restoration of Normal Trade Relations Treatment.--The President 
may resume the application of the rates of duty set forth in column 1 
of the Harmonized Tariff Schedule of the United States to the products 
of the People's Republic of China on or after the date on which the 
President submits a report under section 3(a) that includes a 
certification that no entity of the People's Republic of China, 
including the People's Liberation Army, engaged in an act of coercion 
or military aggression that violated the sovereignty or territorial 
integrity of Taiwan during the one-year period preceding submission of 
the report.

SEC. 5. ASSESSMENT OF SUPPLY CHAIN SECURITY.

    (a) Assessment Required.--The Secretary of Commerce, in 
consultation with the United States Trade Representative, the Secretary 
of State, the Secretary of Defense, and the Chief Executive Officer of 
the United States International Development Finance Corporation, 
shall--
            (1) conduct an assessment of United States supply chain 
        vulnerabilities and risk exposure to the People's Republic of 
        China; and
            (2) submit to the appropriate congressional committees, 
        with each report required by section 3(a), a report on the 
        assessment.
    (b) Elements.--The report required by subsection (a)(2) shall 
include--
            (1) identification of goods--
                    (A) for which the United States is significantly 
                reliant on imports from the People's Republic of China; 
                and
                    (B) that are critical to the economic stability, 
                health interests, and national security of the people 
                of the United States;
            (2) an assessment of the economic impact that revocation of 
        normal trade relations with the People's Republic of China 
        would have on the price and supply of imports of goods 
        identified under paragraph (1); and
            (3) proposals to mitigate the economic impact described in 
        paragraph (2) by diversifying sourcing and supply chains for 
        imports of such goods, including the use of development 
        financing tools in coordination with allies of the United 
        States and countries with which the United States has a free 
        trade agreement in effect.
    (c) Form; Public Availability.--
            (1) Form.--The report required by subsection (a)(2) shall 
        be submitted in unclassified form, but may include a classified 
        annex.
            (2) Public availability.--The unclassified portion of the 
        report required by subsection (a)(2) shall be posted on a 
        publicly accessible website of the Department of Commerce.

SEC. 6. NATIONAL INTEREST WAIVER AND CONGRESSIONAL REVIEW.

    (a) Waiver.--The President may waive the requirement under section 
4(a)(1) for a one-year period if--
            (1) the President--
                    (A) determines that such a waiver is in the 
                national interest of the United States; and
                    (B) submits to the appropriate congressional 
                committees a notice of and justification for the 
                waiver; and
            (2) a joint resolution of approval is enacted into law 
        under subsection (b) during the period of 60 calendar days 
        beginning on the date on which the President submits the notice 
        required by paragraph (1)(B).
    (b) Congressional Approval.--
            (1) Joint resolution of approval defined.--In this 
        subsection, the term ``joint resolution'' means only a joint 
        resolution--
                    (A) that is introduced not later than 10 calendar 
                days after the date on which Congress receives the 
                notice required by subsection (a)(1)(B);
                    (B) that does not have a preamble;
                    (C) the title of which is as follows: ``Joint 
                resolution relating to the approval of continuing 
                normal trade relations with the People's Republic of 
                China.''; and
                    (D) the matter after the resolving clause of which 
                is as follows: ``Congress approves of the waiver for a 
                one-year period of the requirement under section 
                4(a)(1) of the Deterring Escalation Through Economic 
                Retaliation Act of 2023 to suspend normal trade 
                relations with the People's Republic of China, with 
                respect to which notice was submitted to Congress on 
                ____.'', with the blank space being filled with the 
                appropriate date.
            (2) Fast track consideration in house of representatives.--
                    (A) Reconvening.--Upon receipt of a notice under 
                subsection (a)(1)(B), the Speaker of the House of 
                Representatives, if the House would otherwise be 
                adjourned, shall notify the Members of the House that, 
                pursuant to this paragraph, the House shall convene not 
                later than 10 calendar day after receipt of such 
                notice.
                    (B) Committee referral.--A joint resolution of 
                approval introduced in the House of Representatives 
                shall be referred to the Committee on Ways and Means.
                    (C) Reporting and discharge.--If the Committee on 
                Ways and Means has not reported a 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 and the 
                joint resolution shall be referred to the appropriate 
                calendar.
                    (D) Proceeding to consideration.--After the 
                Committee on Ways and Means has considered a joint 
                resolution and reports it to the House, or has been 
                discharged from its consideration, it shall be in 
                order, not later than 60 calendar days after Congress 
                receives the notice described in subsection (a)(1)(B) 
                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.
                    (E) 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 its passage without 
                intervening motion except not more than 10 hours of 
                debate equally divided and controlled by the proponent 
                and an opponent. A motion to reconsider the vote on 
                passage of the joint resolution shall not be in order.
            (3) Fast track consideration in senate.--
                    (A) Reconvening.--Upon receipt of a notice under 
                subsection (a)(1)(B), if the Senate has adjourned or 
                recessed for more than 2 days, the majority leader of 
                the Senate, after consultation with the minority leader 
                of the Senate, shall notify the Members of the Senate 
                that, pursuant to this paragraph, the Senate shall 
                convene not later than 10 calendar days after receipt 
                of such notice.
                    (B) Committee referral.--A joint resolution of 
                approval introduced in the Senate shall be referred to 
                the Committee on Finance.
                    (C) Reporting and discharge.--If the Committee on 
                Finance has not reported a 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 and the joint 
                resolution shall be placed immediately on the calendar.
                    (D) Floor consideration.--
                            (i) In general.--Notwithstanding Rule XXII 
                        of the Standing Rules of the Senate, it is in 
                        order at any time after the joint resolution 
                        has been placed on the calendar, and before the 
                        date that is 60 calendar days after Congress 
                        receives the notice described in subsection 
                        (a)(1)(B), to move to proceed to the 
                        consideration of the joint resolution. All 
                        points of order against the joint resolution 
                        (and against consideration of the joint 
                        resolution) are 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 
                        resolution is agreed to, the joint resolution 
                        shall remain the unfinished business until 
                        disposed of.
                            (ii) Debate.--Debate on the joint 
                        resolution, and on all debatable motions and 
                        appeals in connection therewith, 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 
                        further to 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.
                            (iii) Vote on passage.--The vote on passage 
                        on a joint resolution of approval shall occur 
                        immediately following the conclusion of the 
                        debate on a joint resolution, and a single 
                        quorum call at the conclusion of the debate if 
                        requested in accordance with the rules of the 
                        Senate.
                            (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 without debate.
            (4) Rules relating to senate and house of 
        representatives.--
                    (A) Coordination with action by other house.--If, 
                before the passage by one House of a joint resolution 
                of approval of that House, that House receives from the 
                other House a joint resolution of approval, then the 
                following procedures shall apply:
                            (i) The joint resolution of the other House 
                        shall not be referred to a committee.
                            (ii) With respect to a joint resolution of 
                        the House receiving the resolution--
                                    (I) the procedure in that House 
                                shall be the same as if no joint 
                                resolution had been received from the 
                                other House; but
                                    (II) the vote on passage shall be 
                                on the joint resolution of the other 
                                House.
                    (B) Treatment of joint resolution of other house.--
                If one House fails to introduce or consider a joint 
                resolution of approval under this subsection, the joint 
                resolution of the other House shall be entitled to 
                expedited floor procedures under this subsection.
            (5) Rules of house of representatives and senate.--This 
        subsection is enacted by Congress--
                    (A) 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
                    (B) 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.

SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this Act, unless otherwise specified, the term ``appropriate 
congressional committees'' means--
            (1) the Committee on Finance and the Committee on Foreign 
        Relations of the Senate; and
            (2) the Committee on Ways and Means and the Committee on 
        Foreign Affairs of the House of Representatives.
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