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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5760 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
                                H. R. 5760

  To provide for congressional review of the imposition of duties and 
 other trade measures by the executive branch, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 10, 2018

Mr. Kind (for himself, Mr. Norman, Mr. Meeks, and Mr. Dent) introduced 
  the following bill; which was referred to the Committee on Ways and 
 Means, and in addition to the Committee on Rules, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL

 
  To provide for congressional review of the imposition of duties and 
 other trade measures by the executive branch, 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 ``Trade Authority Protection Act''.

SEC. 2. REVIEW OF CONGRESSIONALLY DELEGATED TRADE ACTIONS.

    (a) In General.--Chapter 5 of title I of the Trade Act of 1974 (19 
U.S.C. 2191 et seq.) is amended by adding at the end the following:

``SEC. 155. REVIEW OF CONGRESSIONALLY DELEGATED TRADE ACTIONS.

    ``(a) Congressionally Delegated Trade Action Defined.--
            ``(1) In general.--In this section, the term 
        `congressionally delegated trade action' means any of the 
        following actions taken with respect to the importation of an 
        article pursuant to a provision of law specified in paragraph 
        (2):
                    ``(A) A prohibition on importation of the article.
                    ``(B) The imposition of or an increase in a duty 
                applicable to the article.
                    ``(C) The imposition or tightening of a tariff-rate 
                quota applicable to the article.
                    ``(D) The imposition or tightening of a 
                quantitative restriction on the importation of the 
                article.
                    ``(E) The suspension, withdrawal, or prevention of 
                the application of trade agreement concessions with 
                respect to the article.
                    ``(F) Any other restriction on importation of the 
                article.
            ``(2) Provisions of law specified.--The provisions of law 
        specified in this paragraph are the following:
                    ``(A) Section 122.
                    ``(B) Title III.
                    ``(C) Sections 406, 421, and 422.
                    ``(D) Section 338 of the Tariff Act of 1930 (19 
                U.S.C. 1338).
                    ``(E) Section 232 of the Trade Expansion Act of 
                1962 (19 U.S.C. 1862).
                    ``(F) Section 103(a) of the Bipartisan 
                Congressional Trade Priorities and Accountability Act 
                of 2015 (19 U.S.C. 4202(a)).
                    ``(G) The Trading with the Enemy Act (50 U.S.C. 
                4301 et seq.).
                    ``(H) The International Emergency Economic Powers 
                Act (50 U.S.C. 1701 et seq.).
                    ``(I) Any provision of law enacted to implement a 
                trade agreement to which the United States is a party.
            ``(3) Exception for technical corrections to harmonized 
        tariff schedule.--A technical correction to the Harmonized 
        Tariff Schedule of the United States shall not be considered a 
        congressionally delegated trade action for purposes of this 
        section.
    ``(b) Effective Date for Congressionally Delegated Trade Action.--
            ``(1) In general.--A congressionally delegated trade action 
        shall take effect 60 days after the date of the submission of 
        the report required under paragraph (2) unless a joint 
        resolution of disapproval is enacted pursuant to subsection 
        (d).
            ``(2) Report required.--With respect to any proposed 
        congressionally delegated trade action, the President shall 
        submit to Congress and to the Comptroller General of the United 
        States a report that includes--
                    ``(A) a description of the proposed action;
                    ``(B) the proposed effective period for the action;
                    ``(C) an analysis of the action, including whether 
                the action is in the national economic interest of the 
                United States;
                    ``(D) an assessment of the potential effect of 
                retaliation from trading partners affected by the 
                action;
                    ``(E) an analysis of the economic impacts of the 
                action and of such retaliation; and
                    ``(F) a list of articles that will be affected by 
                the action by subheading number of the Harmonized 
                Tariff Schedule of the United States.
    ``(c) Report of Comptroller General.--Not later than 15 days after 
the submission of the report required by subsection (b)(1) with respect 
to a proposed congressionally delegated trade action, the Comptroller 
General shall submit to Congress a report on the proposed action that 
includes an assessment of the compliance of the President with the 
provision of law specified in subsection (a)(2) pursuant to which the 
action would be taken.
    ``(d) Congressional Review Act Procedures for Joint Resolution of 
Disapproval.--
            ``(1) Application of congressional review act procedures.--
        A joint resolution under this subsection shall be considered in 
        the same manner and subject to the same procedures as a joint 
        resolution under section 802 of title 5, United States Code 
        (referred to as the `Congressional Review Act'), except that 
        subsection (b)(2) of such section shall be applied by 
        substituting the date of the submission of the report required 
        under paragraph (2) for the `submission or publication date' 
        under such subsection.
            ``(2) Joint resolution defined.--For purposes of this 
        subsection, the term `joint resolution' means only a joint 
        resolution of either House of Congress, the matter after the 
        resolving clause of which is as follows: `That Congress 
        disapproves the action proposed by the President in the report 
        submitted to Congress under section 155(b)(2) of the Trade Act 
        of 1974 on _______, and such action shall have no force or 
        effect.', with the blank space being filled with the 
        appropriate date.
    ``(e) Report by the United States International Trade Commission.--
Not later than 12 months after the date on which a congressionally 
delegated trade action enters into effect pursuant to this section, the 
United States International Trade Commission shall submit to the 
Committee on Finance of the Senate and the Committee on Ways and Means 
of the House of Representatives a report on the effects of the action 
on the United States economy, including a comprehensive assessment of 
the economic effects of the action on producers and consumers in the 
United States.''.
    (b) Clerical Amendment.--The table of contents for the Trade Act of 
1974 is amended by inserting after the item relating to section 154 the 
following:

``Sec. 155. Review of congressionally delegated trade actions.''.
    (c) Conforming Amendments.--
            (1) Balance-of-payments authority.--Section 122 of the 
        Trade Act of 1974 (19 U.S.C. 2132) is amended--
                    (A) in subsection (a), in the flush text following 
                paragraph (3), by inserting ``and subject to 
                disapproval under section 155'' after ``Congress)'';
                    (B) in subsection (c), in the flush text following 
                paragraph (2), by inserting ``and subject to 
                disapproval under section 155'' after ``Congress)''; 
                and
                    (C) in subsection (g), by inserting ``and subject 
                to disapproval under section 155'' after ``of this 
                section''.
            (2) Rules of house and senate.--Section 151(a) of the Trade 
        Act of 1974 (19 U.S.C. 2191(a)) is amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``and 153'' and inserting ``, 153, and 155''; 
                and
                    (B) in paragraph (1), by striking ``and 153(a)'' 
                and inserting ``, 153(a), and 155(e)''.
            (3) Enforcement of rights under trade agreements.--Title 
        III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) is 
        amended--
                    (A) in section 301--
                            (i) in subsection (a), in the flush text, 
                        by inserting ``to disapproval under section 155 
                        and'' after ``subsection (c), subject''; and
                            (ii) in subsection (b)(2), by inserting 
                        ``to disapproval under section 155 and'' after 
                        ``subsection (c), subject'';
                    (B) in section 305(a)(1), by inserting ``to 
                disapproval under section 155 and'' after ``section 
                301, subject''; and
                    (C) in section 307(a)(1), in the matter preceding 
                subparagraph (A), by inserting ``to disapproval under 
                section 155 and'' after ``any action, subject''.
            (4) Market disruption.--Section 406 of the Trade Act of 
        1974 (19 U.S.C. 2436) is amended--
                    (A) in subsection (b), in the matter preceding 
                paragraph (1), by striking ``With respect to'' and 
                inserting ``Subject to disapproval under section 155, 
                with respect to''; and
                    (B) in subsection (c), in the second sentence, by 
                striking ``If the President'' and inserting ``Subject 
                to disapproval under section 155, if the President''.
            (5) Action to address market disruption.--Section 421 of 
        the Trade Act of 1974 (19 U.S.C. 2451) is amended--
                    (A) in subsection (a), by inserting ``and subject 
                to disapproval under section 155'' after ``of this 
                section'';
                    (B) in subsection (i)(4)(A), by inserting ``, 
                subject to disapproval under section 155,'' after 
                ``provisional relief and'';
                    (C) in subsection (k)(1), by striking ``Within 15 
                days'' and inserting ``Subject to section 155, within 
                15 days'';
                    (D) by striking subsection (m) and by redesignating 
                subsections (n) and (o) as subsections (m) and (n), 
                respectively;
                    (E) in subsection (m), as redesignated by 
                subparagraph (D)--
                            (i) in paragraph (1), by striking 
                        ``subsection (m)'' and inserting ``this 
                        section''; and
                            (ii) in paragraph (2), by inserting ``and 
                        subject to disapproval under section 155'' 
                        after ``paragraph (1)''; and
                    (F) in paragraph (3) of subsection (n), as 
                redesignated by subparagraph (D), by striking 
                ``subsection (m)'' and inserting ``this section''.
            (6) Action in response to trade diversion.--Section 422(h) 
        of the Trade Act of 1974 (19 U.S.C. 2451a(h)) is amended by 
        striking ``Within 20 days'' and inserting ``Subject to 
        disapproval under section 155, within 20 days''.
            (7) Discrimination by foreign countries.--Section 338 of 
        the Tariff Act of 1930 (19 U.S.C. 1338) is amended--
                    (A) in subsection (a), in the matter preceding 
                paragraph (1), by inserting ``, subject to disapproval 
                under section 155 of the Trade Act of 1974,'' after 
                ``by proclamation'';
                    (B) in subsection (b), by inserting ``subject to 
                disapproval under section 155 of the Trade Act of 1974 
                and'' after ``hereby authorized,'';
                    (C) in subsection (c), by striking ``Any 
                proclamation'' and inserting ``Subject to disapproval 
                under section 155 of the Trade Act of 1974, any 
                proclamation'';
                    (D) in subsection (d), by inserting ``subject to 
                disapproval under section 155 of the Trade Act of 1974 
                and'' after ``he shall,''; and
                    (E) in subsection (e), by inserting ``subject to 
                disapproval under section 155 of the Trade Act of 1974 
                and'' after ``he shall,''.
            (8) Safeguarding national security.--Section 232(c)(1)(B) 
        of the Trade Expansion Act of 1962 (19 U.S.C. 1862(c)(1)(B)) is 
        amended by inserting ``, subject to disapproval under section 
        155 of the Trade Act of 1974,'' after ``shall''.
            (9) Bipartisan congressional trade priorities and 
        accountability act of 2015.--Section 103(a) of the Bipartisan 
        Congressional Trade Priorities and Accountability Act of 2015 
        (19 U.S.C. 4202(a)) is amended--
                    (A) in paragraph (1)(B), by inserting ``and 
                disapproval under section 155 of the Trade Act of 
                1974'' after ``paragraphs (2) and (3)''; and
                    (B) in paragraph (7), by inserting ``and 
                disapproval under section 155 of the Trade Act of 
                1974'' after ``3524)''.
            (10) International emergency economic powers act.--Section 
        203(a)(1)(B) of the International Emergency Economic Powers Act 
        (50 U.S.C. 1702(a)(1)(B)) is amended by inserting ``(subject to 
        section 155 of the Trade Act of 1974)'' after ``importation''.
            (11) Trading with the enemy act.--Section 11 of the Trading 
        with the Enemy Act (50 U.S.C. 4311) is amended by striking 
        ``Whenever'' and inserting ``Subject to disapproval under 
        section 155 of the Trade Act of 1974, whenever''.
            (12) Free trade agreement implementing bills.--
                    (A) North american free trade agreement 
                implementation act.--Section 201 of the North American 
                Free Trade Agreement Implementation Act (19 U.S.C. 
                3331) is amended--
                            (i) in subsection (a)(1), in the matter 
                        preceding subparagraph (A), by striking ``may'' 
                        and inserting ``may, subject to disapproval 
                        under section 155 of the Trade Act of 1974,''; 
                        and
                            (ii) in subsection (b)(1), in the matter 
                        preceding subparagraph (A), by striking ``and 
                        the consultation and layover requirements of 
                        section 103(a)'' and inserting ``, the 
                        consultation and layover requirements of 
                        section 103(a), and disapproval under section 
                        155 of the Trade Act of 1974,''.
                    (B) Uruguay round agreements act.--Section 111 of 
                the Uruguay Round Agreements Act (19 U.S.C. 3521) is 
                amended--
                            (i) in subsection (a), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        subject to disapproval under section 155 of the 
                        Trade Act of 1974'' after ``2902)'';
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        disapproval under section 155 of the Trade Act 
                        of 1974'' after ``section 115'';
                            (iii) in subsection (c)(1)(A), in the flush 
                        text at the end, by striking ``may'' and 
                        inserting ``may, subject to disapproval under 
                        section 155 of the Trade Act of 1974,''; and
                            (iv) in subsection (e)(1), in the matter 
                        preceding subparagraph (A), by inserting ``and 
                        disapproval under section 155 of the Trade Act 
                        of 1974'' after ``section 115''.
                    (C) United states-israel free trade area 
                implementation act of 1985.--Section 4 of the United 
                States-Israel Free Trade Area Implementation Act of 
                1985 (Public Law 99-47; 19 U.S.C. 2112 note) is 
                amended--
                            (i) in subsection (a), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        subject to disapproval under section 155 of the 
                        Trade Act of 1974'' after ``subsection (c)''; 
                        and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        subject to disapproval under section 155 of the 
                        Trade Act of 1974'' after ``subsection (c)''.
                    (D) United states-jordan free trade area 
                implementation act.--Section 101 of the United States-
                Jordan Free Trade Area Implementation Act (Public Law 
                107-43; 19 U.S.C. 2112 note) is amended--
                            (i) in subsection (a), in the matter 
                        preceding paragraph (1), by striking ``may'' 
                        and inserting ``may, subject to disapproval 
                        under section 155 of the Trade Act of 1974,''; 
                        and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by striking ``may'' 
                        and inserting ``may, subject to disapproval 
                        under section 155 of the Trade Act of 1974,''.
                    (E) Dominican republic-central america-united 
                states free trade agreement implementation act.--
                Section 201 of the Dominican Republic-Central America-
                United States Free Trade Agreement Implementation Act 
                (19 U.S.C. 4031) is amended--
                            (i) in subsection (a)(1), in the matter 
                        preceding subparagraph (A), by striking ``may'' 
                        and inserting ``may, subject to disapproval 
                        under section 155 of the Trade Act of 1974,''; 
                        and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        disapproval under section 155 of the Trade Act 
                        of 1974'' after ``section 104''.
                    (F) United states-chile free trade agreement 
                implementation act.--Section 201 of the United States-
                Chile Free Trade Agreement Implementation Act (Public 
                Law 108-77; 19 U.S.C. 3805 note) is amended--
                            (i) in subsection (a)(1), in the matter 
                        preceding subparagraph (A), by striking ``may'' 
                        and inserting ``may, subject to disapproval 
                        under section 155 of the Trade Act of 1974,''; 
                        and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        disapproval under section 155 of the Trade Act 
                        of 1974'' after ``section 103(a)''.
                    (G) United states-singapore free trade agreement 
                implementation act.--Section 201 of the United States-
                Singapore Free Trade Agreement Implementation Act 
                (Public Law 108-78; 19 U.S.C. 3805 note) is amended--
                            (i) in subsection (a), in the matter 
                        preceding paragraph (1), by striking ``may'' 
                        and inserting ``may, subject to disapproval 
                        under section 155 of the Trade Act of 1974,''; 
                        and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        disapproval under section 155 of the Trade Act 
                        of 1974'' after ``section 103(a)''.
                    (H) United states-australia free trade agreement 
                implementation act.--Section 201 of the United States-
                Australia Free Trade Agreement Implementation Act 
                (Public Law 108-286; 19 U.S.C. 3805 note) is amended--
                            (i) in subsection (a), in the matter 
                        preceding paragraph (1), by striking ``may'' 
                        and inserting ``may, subject to disapproval 
                        under section 155 of the Trade Act of 1974,''; 
                        and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        disapproval under section 155 of the Trade Act 
                        of 1974'' after ``section 104''.
                    (I) United states-morocco free trade agreement 
                implementation act.--Section 201 of the United States-
                Morocco Free Trade Agreement Implementation Act (Public 
                Law 108-302; 19 U.S.C. 3805 note) is amended--
                            (i) in subsection (a)(1), in the matter 
                        preceding subparagraph (A), by striking ``may'' 
                        and inserting ``may, subject to disapproval 
                        under section 155 of the Trade Act of 1974,''; 
                        and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        disapproval under section 155 of the Trade Act 
                        of 1974'' after ``section 104''.
                    (J) United states-bahrain free trade agreement 
                implementation act.--Section 201 of the United States-
                Bahrain Free Trade Agreement Implementation Act (Public 
                Law 109-169; 19 U.S.C. 3805 note) is amended--
                            (i) in subsection (a)(1), in the matter 
                        preceding subparagraph (A), by striking ``may'' 
                        and inserting ``may, subject to disapproval 
                        under section 155 of the Trade Act of 1974,''; 
                        and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        disapproval under section 155 of the Trade Act 
                        of 1974'' after ``section 104''.
                    (K) United states-oman free trade agreement 
                implementation act.--Section 201 of the United States-
                Oman Free Trade Agreement Implementation Act (Public 
                Law 109-283; 19 U.S.C. 3805 note) is amended--
                            (i) in subsection (a)(1), in the matter 
                        preceding subparagraph (A), by striking ``may'' 
                        and inserting ``may, subject to disapproval 
                        under section 155 of the Trade Act of 1974,''; 
                        and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        disapproval under section 155 of the Trade Act 
                        of 1974'' after ``section 104''.
                    (L) United states-peru trade promotion agreement 
                implementation act.--Section 201 of the United States-
                Peru Trade Promotion Agreement Implementation Act 
                (Public Law 110-138; 19 U.S.C. 3805 note) is amended--
                            (i) in subsection (a)(1), in the matter 
                        preceding subparagraph (A), by striking ``may'' 
                        and inserting ``may, subject to disapproval 
                        under section 155 of the Trade Act of 1974,''; 
                        and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        disapproval under section 155 of the Trade Act 
                        of 1974'' after ``section 104''.
                    (M) United states-korea free trade agreement 
                implementation act.--Section 201 of the United States-
                Korea Free Trade Agreement Implementation Act (Public 
                Law 112-41; 19 U.S.C. 3805 note) is amended--
                            (i) in subsection (a), in the matter 
                        preceding paragraph (1), by striking ``may'' 
                        and inserting ``may, subject to disapproval 
                        under section 155 of the Trade Act of 1974,''; 
                        and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        disapproval under section 155 of the Trade Act 
                        of 1974'' after ``section 104''.
                    (N) United states-colombia trade promotion 
                agreement implementation act.--Section 201 of the 
                United States-Colombia Trade Promotion Agreement 
                Implementation Act (Public Law 112-42; 19 U.S.C. 3805 
                note) is amended--
                            (i) in subsection (a)(1), in the matter 
                        preceding subparagraph (A), by striking ``may'' 
                        and inserting ``may, subject to disapproval 
                        under section 155 of the Trade Act of 1974,''; 
                        and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        disapproval under section 155 of the Trade Act 
                        of 1974'' after ``section 104''.
                    (O) United states-panama trade promotion agreement 
                implementation act.--Section 201 of the United States-
                Panama Trade Promotion Agreement Implementation Act 
                (Public Law 112-43; 19 U.S.C. 3805 note) is amended--
                            (i) in subsection (a)(1), in the matter 
                        preceding subparagraph (A), by striking ``may'' 
                        and inserting ``may, subject to disapproval 
                        under section 155 of the Trade Act of 1974,''; 
                        and
                            (ii) in subsection (b), in the matter 
                        preceding paragraph (1), by inserting ``and 
                        disapproval under section 155 of the Trade Act 
                        of 1974'' after ``section 104''.
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