II 

118TH CONGRESS 

1ST SESSION S. 1060 

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 

MARCH 29, 2023 

Mr. LEE 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. 

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 ‘‘Global Trade Account5 ability Act’’. 

6 SEC. 2. CONGRESSIONAL REVIEW OF UNILATERAL TRADE 

7 ACTIONS. 

8 (a) IN GENERAL.—Chapter 5 of title I of the Trade 

9 Act of 1974 (19 U.S.C. 2191 et seq.) is amended by add10 ing at the end the following: 


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1 ‘‘SEC. 155. CONGRESSIONAL REVIEW OF UNILATERAL 

2 TRADE ACTIONS. 

3 ‘‘(a) UNILATERAL TRADE ACTION DEFINED.— 

4 ‘‘(1) IN GENERAL.—In this section, the term 

5 ‘unilateral trade action’ means any of the following 

6 actions taken with respect to the importation of an 

7 article pursuant to a provision of law specified in 

8 paragraph (2): 

9 ‘‘(A) A prohibition on importation of the 

10 article. 

11 ‘‘(B) The imposition of or an increase in a 

12 duty applicable to the article. 

13 ‘‘(C) The imposition or tightening of a tar14 iff-rate quota applicable to the article. 

15 ‘‘(D) The imposition or tightening of a 

16 quantitative restriction on the importation of 

17 the article. 

18 ‘‘(E) The suspension, withdrawal, or pre19 vention of the application of trade agreement 

20 concessions with respect to the article. 

21 ‘‘(F) Any other restriction on importation 

22 of the article. 

23 ‘‘(2) PROVISIONS OF LAW SPECIFIED.—The 

24 provisions of law specified in this paragraph are the 

25 following: 

26 ‘‘(A) Section 122. 


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1 ‘‘(B) Chapter 1 of title II. 

2 ‘‘(C) Title III. 

3 ‘‘(D) Section 406. 

4 ‘‘(E) Section 338 of the Tariff Act of 1930 

5 (19 U.S.C. 1338). 

6 ‘‘(F) Section 232 of the Trade Expansion 

7 Act of 1962 (19 U.S.C. 1862). 

8 ‘‘(G) The Trading with the Enemy Act (50 

9 U.S.C. 4301 et seq.). 

10 ‘‘(H) The International Emergency Eco11 nomic Powers Act (50 U.S.C. 1701 et seq.). 

12 ‘‘(I) Any provision of law enacted to imple13 ment a trade agreement to which the United 

14 States is a party. 

15 ‘‘(J) Any provision of a trade agreement to 

16 which the United States is a party. 

17 ‘‘(3) EXCEPTION FOR TECHNICAL CORRECTIONS

18 TO HARMONIZED TARIFF SCHEDULE.—A technical 

19 correction to the Harmonized Tariff Schedule of the 

20 United States shall not be considered a unilateral 

21 trade action for purposes of this section. 

22 ‘‘(b) CONGRESSIONAL APPROVAL REQUIRED.—A 

23 unilateral trade action may not take effect unless— 


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1 ‘‘(1) the President submits to Congress and to 

2 the Comptroller General of the United States a re3 port that includes— 

4 ‘‘(A) a description of the proposed unilat5 eral trade action; 

6 ‘‘(B) the proposed effective period for the 

7 action; 

8 ‘‘(C) an economic cost-benefit analysis of 

9 the action, including an assessment of— 

10 ‘‘(i) whether the action is in the na11 tional economic interest of the United 

12 States; and 

13 ‘‘(ii) the macroeconomic effects of the 

14 action on— 

15 ‘‘(I) employment in the United 

16 States; 

17 ‘‘(II) the gross domestic product 

18 of the United States; and 

19 ‘‘(III) revenues and expenditures 

20 of the Federal Government; and 

21 ‘‘(D) a list of articles that will be affected 

22 by the action by subheading number of the 

23 Harmonized Tariff Schedule of the United 

24 States; and 


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1 ‘‘(2) a joint resolution of approval is enacted 

2 pursuant to subsection (d) with respect to the ac3 tion. 

4 ‘‘(c) REPORT OF COMPTROLLER GENERAL.—Not 

5 later than 30 days after the submission of the report re6 quired by subsection (b)(1) with respect to a proposed uni7 lateral trade action, the Comptroller General shall submit 

8 to Congress a report on the proposed action that includes 

9 an assessment of the compliance of the President with the 

10 provision of law specified in subsection (a)(2) pursuant to 

11 which the action would be taken. 

12 ‘‘(d) PROCEDURES FOR JOINT RESOLUTION OF AP13 PROVAL.— 

14 ‘‘(1) JOINT RESOLUTION OF APPROVAL DE15 FINED.—For purposes of this subsection, the term 

16 ‘joint resolution of approval’ means a joint resolution 

17 of either House of Congress that— 

18 ‘‘(A) states that Congress approves an ac19 tion proposed by the President in a report sub20 mitted under subsection (b)(1); and 

21 ‘‘(B) describes the action being approved 

22 by Congress. 

23 ‘‘(2) INTRODUCTION.—During the period of 45 

24 days after a House of Congress receives a report 

25 under subsection (b)(1) with respect to a unilateral 


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1 trade action, a joint resolution of approval may be 

2 introduced by any Member of that House. 

3 ‘‘(3) COMMITTEE CONSIDERATION.— 

4 ‘‘(A) REFERRAL.—A joint resolution of ap5 proval introduced in the House of Representa6 tives shall be referred to the Committee on 

7 Ways and Means and a joint resolution of ap8 proval introduced in the Senate shall be re9 ferred to the Committee on Finance. 

10 ‘‘(B) CONSIDERATION.—The Committee on 

11 Ways and Means and the Committee on Fi12 nance may, in considering a joint resolution of 

13 approval, hold such hearings and meetings and 

14 solicit such testimony as the Committee con15 siders appropriate. 

16 ‘‘(C) REPORTING.— 

17 ‘‘(i) IN GENERAL.—Subject to sub18 paragraph (D), the Committee on Ways 

19 and Means and the Committee on Finance 

20 may, at any time after receiving a joint 

21 resolution of approval, report the resolu22 tion favorably or unfavorably. 

23 ‘‘(ii) SUBSEQUENT RESOLUTIONS.—If 

24 a subsequent joint resolution of approval 

25 relating to the same unilateral trade action 


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1 proposed in the same report submitted 

2 under subsection (b)(1) is referred to the 

3 Committee on Ways and Means or the 

4 Committee on Finance after the first such 

5 resolution is reported or discharged, the 

6 subsequent resolution shall not be reported 

7 under this subparagraph. 

8 ‘‘(iii) PLACEMENT ON CALENDAR.—A 

9 joint resolution of approval reported by the 

10 Committee on Ways and Means or the 

11 Committee on Finance shall lie over one 

12 legislative day and then be placed on the 

13 appropriate calendar. 

14 ‘‘(D) DISCHARGE.— 

15 ‘‘(i) IN GENERAL.—If the Committee 

16 on Ways and Means or the Committee on 

17 Finance has not reported a joint resolution 

18 of approval by the date that is 15 days 

19 after the resolution is referred to the com20 mittee, the resolution shall be automati21 cally discharged from the committee and 

22 placed on the appropriate calendar. 

23 ‘‘(ii) PROHIBITION ON MOTIONS TO

24 RECOMMIT.—A motion to recommit a joint 

25 resolution of approval shall not be in order. 


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1 ‘‘(iii) SUBSEQUENT RESOLUTIONS.—If 

2 a subsequent joint resolution of approval 

3 relating to the same unilateral trade action 

4 proposed in the same report submitted 

5 under subsection (b)(1) is referred to the 

6 Committee on Ways and Means or the 

7 Committee on Finance after the first such 

8 resolution is reported or discharged, the 

9 subsequent resolution shall not be dis10 charged under this subparagraph. 

11 ‘‘(4) FLOOR CONSIDERATION IN SENATE.—In 

12 the Senate: 

13 ‘‘(A) MOTION TO PROCEED.— 

14 ‘‘(i) TIMING.—A motion to proceed to 

15 a joint resolution of approval is in order at 

16 any time after the resolution is placed on 

17 the calendar. 

18 ‘‘(ii) MOTION BY ANY SENATOR.—Any 

19 Senator may move to proceed to a joint 

20 resolution of approval. 

21 ‘‘(iii) PRIVILEGE.—A motion to pro22 ceed to the consideration of the joint reso23 lution of approval is privileged, except that 

24 this clause shall apply only to a motion to 

25 proceed to a joint resolution of approval 


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1 reported or discharged from the Committee 

2 on Finance under paragraph (3) or to the 

3 first joint resolution of approval placed on 

4 the calendar after passage in the House of 

5 Representatives. 

6 ‘‘(iv) DEBATE.—Debate on a motion 

7 to proceed to a joint resolution of approval 

8 is limited to not more than 5 hours, equal9 ly divided between Senators favoring and 

10 Senators opposing the resolution. 

11 ‘‘(v) MOTION NOT AMENDABLE.—The 

12 motion to proceed to the joint resolution of 

13 approval is not amendable. A motion to re14 consider is not in order. A motion to table 

15 is not in order. 

16 ‘‘(vi) OTHER MOTIONS NOT IN

17 ORDER.—After a motion to proceed to a 

18 joint resolution of approval is agreed to, 

19 motions to postpone or to consider other 

20 business are not in order. 

21 ‘‘(B) MOTIONS AND APPEALS.—All mo22 tions and appeals relating to a joint resolution 

23 of approval shall be decided by the Senate with24 out debate. 


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1 ‘‘(5) CONSIDERATION IN HOUSE OF REP2 RESENTATIVES.—In the House of Representatives, if 

3 any committee to which a joint resolution of ap4 proval has been referred has not reported it to the 

5 House at the end of 10 calendar days after its intro6 duction, such committee shall be discharged from 

7 further consideration of the joint resolution, and it 

8 shall be placed on the appropriate calendar. On 

9 Thursdays it shall be in order at any time for the 

10 Speaker to recognize a Member who favors passage 

11 of a joint resolution that has appeared on the cal12 endar for at least 3 calendar days to call up that 

13 joint resolution for immediate consideration in the 

14 House without intervention of any point of order. 

15 When so called up, a joint resolution shall be consid16 ered as read and shall be debatable for 1 hour equal17 ly divided and controlled by the proponent and an 

18 opponent, and the previous question shall be consid19 ered as ordered to its passage without intervening 

20 motion. It shall not be in order to reconsider the 

21 vote on passage. If a vote on final passage of the 

22 joint resolution has not been taken on or before the 

23 close of the 10th calendar day after the resolution 

24 is reported by the committee or committees to which 

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1 tees have been discharged from further consideration 

2 of the resolution, such vote shall be taken on that 

3 day. 

4 ‘‘(6) RECEIPT OF RESOLUTION FROM OTHER

5 HOUSE.—If, before passing a joint resolution of ap6 proval, one House receives from the other a joint 

7 resolution of approval from the other House, then— 

8 ‘‘(A) the joint resolution of the other 

9 House shall not be referred to a committee and 

10 shall be deemed to have been discharged from 

11 committee on the day it is received; and 

12 ‘‘(B) the procedures set forth in paragraph 

13 (4) or (5), as applicable, shall apply in the re14 ceiving House to the joint resolution received 

15 from the other House to the same extent as 

16 such procedures apply to a joint resolution of 

17 the receiving House. 

18 ‘‘(7) RULES OF HOUSE OF REPRESENTATIVES

19 AND SENATE.—This subsection is enacted by Con20 gress— 

21 ‘‘(A) as an exercise of the rulemaking 

22 power of the House of Representatives and the 

23 Senate, respectively, and as such is deemed a 

24 part of the rules of each House, respectively, 

25 and the rules provided for in this section superVerDate Sep 11 2014 00:48 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1060.IS S1060

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1 sede other rules only to the extent that they are 

2 inconsistent with such other rules; and 

3 ‘‘(B) with the full recognition of the con4 stitutional right of either House to change the 

5 rules provided for in this section (so far as re6 lating to the procedures of that House) at any 

7 time, in the same manner, and to the same ex8 tent as any other rule of that House. 

9 ‘‘(e) REPORT BY THE UNITED STATES INTER10 NATIONAL TRADE COMMISSION.—Not later than 12 

11 months after the date of a unilateral trade action taken 

12 pursuant to this section, the United States International 

13 Trade Commission shall submit to Congress a report on 

14 the effects of the action on the United States economy, 

15 including a comprehensive assessment of the economic ef16 fects of the action on producers and consumers in the 

17 United States.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 for the Trade Act of 1974 is amended by inserting after 

20 the item relating to section 154 the following: 

‘‘Sec. 155. Congressional review of unilateral trade actions.’’. 

Æ 


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