II 

116TH CONGRESS 

1ST SESSION S. 1284 

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 

MAY 2, 2019 

Mr. LEE (for himself, Mr. TOOMEY, Mr. MORAN, Mr. GARDNER, and Mr. 

BLUNT) 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 of 2019’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•S 1284 IS

1 SEC. 2. CONGRESSIONAL REVIEW OF UNILATERAL TRADE 

2 ACTIONS. 

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

4 Act of 1974 (19 U.S.C. 2191 et seq.) is amended by add5 ing at the end the following: 

6 ‘‘SEC. 155. CONGRESSIONAL REVIEW OF UNILATERAL 

7 TRADE ACTIONS. 

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

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

10 ‘unilateral trade action’ means any of the following 

11 actions taken with respect to the importation of an 

12 article pursuant to a provision of law specified in 

13 paragraph (2): 

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

15 article. 

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

17 duty applicable to the article. 

18 ‘‘(C) The imposition or tightening of a tar19 iff-rate quota applicable to the article. 

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

21 quantitative restriction on the importation of 

22 the article. 

23 ‘‘(E) The suspension, withdrawal, or pre24 vention of the application of trade agreement 

25 concessions with respect to the article. 


kjohnson on DSK79L0C42 with BILLS
3 

•S 1284 IS

1 ‘‘(F) Any other restriction on importation 

2 of the article. 

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

4 provisions of law specified in this paragraph are the 

5 following: 

6 ‘‘(A) Section 122. 

7 ‘‘(B) Chapter 1 of title II. 

8 ‘‘(C) Title III. 

9 ‘‘(D) Section 406. 

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

11 (19 U.S.C. 1338). 

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

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

14 ‘‘(G) Section 103(a) of the Bipartisan 

15 Congressional Trade Priorities and Account16 ability Act of 2015 (19 U.S.C. 4202(a)). 

17 ‘‘(H) The Trading with the Enemy Act (50 

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

19 ‘‘(I) The International Emergency Eco20 nomic Powers Act (50 U.S.C. 1701 et seq.). 

21 ‘‘(J) Any provision of law enacted to im22 plement a trade agreement to which the United 

23 States is a party. 

24 ‘‘(K) Any provision of a trade agreement 

25 to which the United States is a party. 


kjohnson on DSK79L0C42 with BILLS
4 

•S 1284 IS

1 ‘‘(3) EXCEPTION FOR TECHNICAL CORRECTIONS

2 TO HARMONIZED TARIFF SCHEDULE.—A technical 

3 correction to the Harmonized Tariff Schedule of the 

4 United States shall not be considered a unilateral 

5 trade action for purposes of this section. 

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

7 unilateral trade action may not take effect unless— 

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

9 the Comptroller General of the United States a re10 port that includes— 

11 ‘‘(A) a description of the proposed unilat12 eral trade action; 

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

14 action; 

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

16 the action, including an assessment of— 

17 ‘‘(i) whether the action is in the na18 tional economic interest of the United 

19 States; and 

20 ‘‘(ii) the macroeconomic effects of the 

21 action on— 

22 ‘‘(I) employment in the United 

23 States; 

24 ‘‘(II) the gross domestic product 

25 of the United States; and 


kjohnson on DSK79L0C42 with BILLS
5 

•S 1284 IS

1 ‘‘(III) revenues and expenditures 

2 of the Federal Government; and 

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

4 by the action by subheading number of the 

5 Harmonized Tariff Schedule of the United 

6 States; and 

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

8 pursuant to subsection (d) with respect to the ac9 tion. 

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

11 later than 30 days after the submission of the report re12 quired by subsection (b)(1) with respect to a proposed uni13 lateral trade action, the Comptroller General shall submit 

14 to Congress a report on the proposed action that includes 

15 an assessment of the compliance of the President with the 

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

17 which the action would be taken. 

18 ‘‘(d) PROCEDURES FOR JOINT RESOLUTION OF AP19 PROVAL.— 

20 ‘‘(1) JOINT RESOLUTION OF APPROVAL DE21 FINED.—For purposes of this subsection, the term 

22 ‘joint resolution of approval’ means a joint resolution 

23 of either House of Congress that— 


kjohnson on DSK79L0C42 with BILLS
6 

•S 1284 IS

1 ‘‘(A) states that Congress approves an ac2 tion proposed by the President in a report sub3 mitted under subsection (b)(1); and 

4 ‘‘(B) describes the action being approved 

5 by Congress. 

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

7 days after a House of Congress receives a report 

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

9 trade action, a joint resolution of approval may be 

10 introduced by any Member of that House. 

11 ‘‘(3) COMMITTEE CONSIDERATION.— 

12 ‘‘(A) REFERRAL.—A joint resolution of ap13 proval introduced in the House of Representa14 tives shall be referred to the Committee on 

15 Ways and Means and a joint resolution of ap16 proval introduced in the Senate shall be re17 ferred to the Committee on Finance. 

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

19 Ways and Means and the Committee on Fi20 nance may, in considering a joint resolution of 

21 approval, hold such hearings and meetings and 

22 solicit such testimony as the Committee con23 siders appropriate. 

24 ‘‘(C) REPORTING.— 


kjohnson on DSK79L0C42 with BILLS
7 

•S 1284 IS

1 ‘‘(i) IN GENERAL.—Subject to sub2 paragraph (D), the Committee on Ways 

3 and Means and the Committee on Finance 

4 may, at any time after receiving a joint 

5 resolution of approval, report the resolu6 tion favorably or unfavorably. 

7 ‘‘(ii) SUBSEQUENT RESOLUTIONS.—If 

8 a subsequent joint resolution of approval 

9 relating to the same unilateral trade action 

10 proposed in the same report submitted 

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

12 Committee on Ways and Means or the 

13 Committee on Finance after the first such 

14 resolution is reported or discharged, the 

15 subsequent resolution shall not be reported 

16 under this subparagraph. 

17 ‘‘(iii) PLACEMENT ON CALENDAR.—A 

18 joint resolution of approval reported by the 

19 Committee on Ways and Means or the 

20 Committee on Finance shall lie over one 

21 legislative day and then be placed on the 

22 appropriate calendar. 

23 ‘‘(D) DISCHARGE.— 

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

25 on Ways and Means or the Committee on 


kjohnson on DSK79L0C42 with BILLS
8 

•S 1284 IS

1 Finance has not reported a joint resolution 

2 of approval by the date that is 15 days 

3 after the resolution is referred to the com4 mittee, the resolution shall be automati5 cally discharged from the committee and 

6 placed on the appropriate calendar. 

7 ‘‘(ii) PROHIBITION ON MOTIONS TO

8 RECOMMIT.—A motion to recommit a joint 

9 resolution of approval shall not be in order. 

10 ‘‘(iii) SUBSEQUENT RESOLUTIONS.—If 

11 a subsequent joint resolution of approval 

12 relating to the same unilateral trade action 

13 proposed in the same report submitted 

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

15 Committee on Ways and Means or the 

16 Committee on Finance after the first such 

17 resolution is reported or discharged, the 

18 subsequent resolution shall not be dis19 charged under this subparagraph. 

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

21 the Senate: 

22 ‘‘(A) MOTION TO PROCEED.— 

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

24 a joint resolution of approval is in order at 


kjohnson on DSK79L0C42 with BILLS
9 

•S 1284 IS

1 any time after the resolution is placed on 

2 the calendar. 

3 ‘‘(ii) MOTION BY ANY SENATOR.—Any 

4 Senator may move to proceed to a joint 

5 resolution of approval. 

6 ‘‘(iii) PRIVILEGE.—A motion to pro7 ceed to the consideration of the joint reso8 lution of approval is privileged, except that 

9 this clause shall apply only to a motion to 

10 proceed to a joint resolution of approval 

11 reported or discharged from the Committee 

12 on Finance under paragraph (3) or to the 

13 first joint resolution of approval placed on 

14 the calendar after passage in the House of 

15 Representatives. 

16 ‘‘(iv) DEBATE.—Debate on a motion 

17 to proceed to a joint resolution of approval 

18 is limited to not more than 5 hours, equal19 ly divided between Senators favoring and 

20 Senators opposing the resolution. 

21 ‘‘(v) MOTION NOT AMENDABLE.—The 

22 motion to proceed to the joint resolution of 

23 approval is not amendable. A motion to re24 consider is not in order. A motion to table 

25 is not in order. 


kjohnson on DSK79L0C42 with BILLS
10 

•S 1284 IS

1 ‘‘(vi) OTHER MOTIONS NOT IN

2 ORDER.—After a motion to proceed to a 

3 joint resolution of approval is agreed to, 

4 motions to postpone or to consider other 

5 business are not in order. 

6 ‘‘(B) MOTIONS AND APPEALS.—All mo7 tions and appeals relating to a joint resolution 

8 of approval shall be decided by the Senate with9 out debate. 

10 ‘‘(5) CONSIDERATION IN HOUSE OF REP11 RESENTATIVES.—In the House of Representatives, if 

12 any committee to which a joint resolution of ap13 proval has been referred has not reported it to the 

14 House at the end of 10 calendar days after its intro15 duction, such committee shall be discharged from 

16 further consideration of the joint resolution, and it 

17 shall be placed on the appropriate calendar. On 

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

19 Speaker to recognize a Member who favors passage 

20 of a joint resolution that has appeared on the cal21 endar for at least 3 calendar days to call up that 

22 joint resolution for immediate consideration in the 

23 House without intervention of any point of order. 

24 When so called up, a joint resolution shall be consid25 ered as read and shall be debatable for 1 hour equalVerDate Sep 11 2014 03:49 May 08, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1284.IS S1284

kjohnson on DSK79L0C42 with BILLS
11 

•S 1284 IS

1 ly divided and controlled by the proponent and an 

2 opponent, and the previous question shall be consid3 ered as ordered to its passage without intervening 

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

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

6 joint resolution has not been taken on or before the 

7 close of the 10th calendar day after the resolution 

8 is reported by the committee or committees to which 

9 it was referred, or after such committee or commit10 tees have been discharged from further consideration 

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

12 day. 

13 ‘‘(6) RECEIPT OF RESOLUTION FROM OTHER

14 HOUSE.—If, before passing a joint resolution of ap15 proval, one House receives from the other a joint 

16 resolution of approval from the other House, then— 

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

18 House shall not be referred to a committee and 

19 shall be deemed to have been discharged from 

20 committee on the day it is received; and 

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

22 (4) or (5), as applicable, shall apply in the re23 ceiving House to the joint resolution received 

24 from the other House to the same extent as 


kjohnson on DSK79L0C42 with BILLS
12 

•S 1284 IS

1 such procedures apply to a joint resolution of 

2 the receiving House. 

3 ‘‘(7) RULES OF HOUSE OF REPRESENTATIVES

4 AND SENATE.—This subsection is enacted by Con5 gress— 

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

7 power of the House of Representatives and the 

8 Senate, respectively, and as such is deemed a 

9 part of the rules of each House, respectively, 

10 and the rules provided for in this section super11 sede other rules only to the extent that they are 

12 inconsistent with such other rules; and 

13 ‘‘(B) with the full recognition of the con14 stitutional right of either House to change the 

15 rules provided for in this section (so far as re16 lating to the procedures of that House) at any 

17 time, in the same manner, and to the same ex18 tent as any other rule of that House. 

19 ‘‘(e) REPORT BY THE UNITED STATES INTER20 NATIONAL TRADE COMMISSION.—Not later than 12 

21 months after the date of a unilateral trade action taken 

22 pursuant to this section, the United States International 

23 Trade Commission shall submit to Congress a report on 

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

25 including a comprehensive assessment of the economic efVerDate Sep 11 2014 03:11 May 07, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1284.IS S1284

kjohnson on DSK79L0C42 with BILLS
13 

•S 1284 IS

1 fects of the action on producers and consumers in the 

2 United States.’’. 

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

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

5 the item relating to section 154 the following: 

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

Æ 


kjohnson on DSK79L0C42 with BILLS