Title: A bill to amend the Trade Expansion Act of 1962 to require Congressional approval before the President adjusts imports that are determined to threaten to impair national security.
Policy area: Foreign Trade and International Finance

Summary:
This bill amends the Trade Expansion Act of 1962 to require congressional approval for a presidential adjustment of an import due to a national security threat. Specifically, the bill requires the President to submit a proposal to Congress, which Congress may approve by a joint resolution. Under current law, the President determines whether any adjustment of an import is necessary, and must submit to Congress the reasons for any action taken or not taken.
The bill retroactively applies to any proposed action made two years before enactment of this bill. In general, any rate of duty modification occurring in the time period two years before enactment of this bill and the date before enactment of this bill must revert to the previous rate.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3013 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3013

   To amend the Trade Expansion Act of 1962 to require Congressional 
 approval before the President adjusts imports that are determined to 
                 threaten to impair national security.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2018

  Mr. Corker (for himself, Ms. Heitkamp, Mr. Toomey, Mr. Warner, Mr. 
Alexander, Mr. Schatz, Mr. Johnson, Mr. Van Hollen, Mr. Flake, Mr. Lee, 
  Mr. Sasse, Mrs. Shaheen, and Mr. Isakson) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To amend the Trade Expansion Act of 1962 to require Congressional 
 approval before the President adjusts imports that are determined to 
                 threaten to impair national security.

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

SECTION 1. CONGRESSIONAL APPROVAL BEFORE ADJUSTMENT BY PRESIDENT OF 
              IMPORTS DETERMINED TO THREATEN TO IMPAIR NATIONAL 
              SECURITY.

    (a) In General.--Section 232 of the Trade Expansion Act of 1962 (19 
U.S.C. 1862) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking subparagraph (B);
                            (ii) in the matter preceding clause (i), by 
                        striking ``(A) Within'' and inserting 
                        ``Within'';
                            (iii) by redesignating clauses (i) and (ii) 
                        as subparagraphs (A) and (B), respectively; and
                            (iv) in subparagraph (B), as redesignated 
                        by clause (iii)--
                                    (I) by striking ``determine'' and 
                                inserting ``submit to Congress, not 
                                later than 15 days after making that 
                                determination, a proposal regarding''; 
                                and
                                    (II) by striking ``must'' and 
                                inserting ``should''; and
                    (B) by striking paragraphs (2) and (3) and 
                inserting the following:
    ``(2) The President shall submit to Congress for review under 
subsection (f) a report describing the action proposed to be taken 
under paragraph (1) and specifying the reasons for such proposal. Such 
report shall be included in the report published under subsection 
(e).'';
            (2) by redesignating the second subsection (d) as 
        subsection (e); and
            (3) by striking subsection (f) and inserting the following:
    ``(f) Congressional Approval of Presidential Adjustment of Imports; 
Joint Resolution of Approval.--
            ``(1) In general.--An action to adjust imports proposed by 
        the President and submitted to Congress under subsection (c)(2) 
        shall have force and effect only upon the enactment of a joint 
        resolution of approval, provided for in paragraph (3), relating 
        to that action.
            ``(2) Period for review by congress.--The period for 
        congressional review of a report required to be submitted under 
        subsection (c)(2) shall be 60 calendar days.
            ``(3) Joint resolutions of approval.--
                    ``(A) Joint resolution of approval defined.--In 
                this subsection, the term `joint resolution of 
                approval' means only a joint resolution of either House 
                of Congress--
                            ``(i) the title of which is as follows: `A 
                        joint resolution approving the proposal of the 
                        President to take an action relating to the 
                        adjustment of imports entering into the United 
                        States in such quantities or under such 
                        circumstances as to threaten or impair the 
                        national security.'; and
                            ``(ii) the sole matter after the resolving 
                        clause of which is the following: `Congress 
                        approves of the recommendation of the President 
                        to Congress relating to the adjustment of 
                        imports to protect the national security as 
                        proposed by the President in the report 
                        submitted to Congress under section 232(c)(2) 
                        of the Trade Expansion Act of 1962 (19 U.S.C. 
                        1862(c)(2)) on _____ relating to _____.', with 
                        the first blank space being filled with the 
                        appropriate date and the second blank space 
                        being filled with a short description of the 
                        proposed action.
                    ``(B) Introduction.--During the period of 60 
                calendar days provided for under paragraph (2), a joint 
                resolution of approval may be introduced and shall be 
                referred to the appropriate committee.
                    ``(C) Floor consideration in house of 
                representatives.--If a committee of the House of 
                Representatives to which a joint resolution of approval 
                has been referred has not reported the joint resolution 
                within 10 calendar days after the date of referral, 
                that committee shall be discharged from further 
                consideration of the joint resolution.
                    ``(D) Consideration in the senate.--
                            ``(i) Committee referral.--A joint 
                        resolution of approval introduced in the Senate 
                        shall be referred to the Committee on Finance.
                            ``(ii) Reporting and discharge.--If the 
                        committee to which a joint resolution of 
                        approval was referred has not reported the 
                        joint resolution within 10 calendar days after 
                        the date of referral of the joint resolution, 
                        that committee shall be discharged from further 
                        consideration of the joint resolution and the 
                        joint resolution shall be placed on the 
                        appropriate calendar.
                            ``(iii) Proceeding to consideration.--
                        Notwithstanding Rule XXII of the Standing Rules 
                        of the Senate, it is in order at any time after 
                        the Committee on Finance reports a joint 
                        resolution of approval or has been discharged 
                        from consideration of such a joint resolution 
                        to move to proceed to the consideration of the 
                        joint resolution. 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.
                            ``(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 by the Senate without debate.
                    ``(E) Rules relating to senate and house of 
                representatives.--
                            ``(i) Treatment of senate joint resolution 
                        in house.--In the House of Representatives, the 
                        following procedures shall apply to a joint 
                        resolution of approval received from the Senate 
                        (unless the House has already passed a joint 
                        resolution relating to the same proposed 
                        action):
                                    ``(I) The joint resolution shall be 
                                referred to the Committee on Ways and 
                                Means.
                                    ``(II) If the Committee on Ways and 
                                Means has not reported the joint 
                                resolution within 2 calendar days after 
                                the date of referral, that committee 
                                shall be discharged from further 
                                consideration of the joint resolution.
                                    ``(III) Beginning on the third 
                                legislative day after each committee to 
                                which a joint resolution has been 
                                referred reports the joint resolution 
                                to the House or has been discharged 
                                from further consideration thereof, it 
                                shall be in order 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.
                                    ``(IV) 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 final passage without 
                                intervening motion except 2 hours of 
                                debate equally divided and controlled 
                                by the sponsor of the joint resolution 
                                (or a designee) and an opponent. A 
                                motion to reconsider the vote on 
                                passage of the joint resolution shall 
                                not be in order.
                            ``(ii) Treatment of house joint resolution 
                        in senate.--
                                    ``(I) If, before the passage by the 
                                Senate of a joint resolution of 
                                approval, the Senate receives an 
                                identical joint resolution from the 
                                House of Representatives, the following 
                                procedures shall apply:
                                            ``(aa) That joint 
                                        resolution shall not be 
                                        referred to a committee.
                                            ``(bb) With respect to that 
                                        joint resolution--

                                                    ``(AA) the 
                                                procedure in the Senate 
                                                shall be the same as if 
                                                no joint resolution had 
                                                been received from the 
                                                House of 
                                                Representatives; but

                                                    ``(BB) the vote on 
                                                passage shall be on the 
                                                joint resolution from 
                                                the House of 
                                                Representatives.

                                    ``(II) If, following passage of a 
                                joint resolution of approval in the 
                                Senate, the Senate receives an 
                                identical joint resolution from the 
                                House of Representatives, that joint 
                                resolution shall be placed on the 
                                appropriate Senate calendar.
                                    ``(III) If a joint resolution of 
                                approval is received from the House, 
                                and no companion joint resolution has 
                                been introduced in the Senate, the 
                                Senate procedures as described in 
                                subparagraph (D) shall apply to the 
                                House joint resolution.
                    ``(F) Rules of house of representatives and 
                senate.--This paragraph is enacted by Congress--
                            ``(i) 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
                            ``(ii) 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.''.
    (b) Effective Date.--
            (1) In general.--The amendments made by subsection (a) 
        shall apply to any proposed action covered by subsection (c) of 
        section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 
        1862), as so amended, on or after the date that is two years 
        before the date of the enactment of this Act.
            (2) Timing of certain proposals.--If the President makes a 
        determination described in subsection (c)(1)(A) of such 
        section, as so amended, during the period beginning on the date 
        that is two years before the date of the enactment of this Act 
        and ending on the day before such date of enactment, the 
        submission to Congress of the proposal described in subsection 
        (c)(1)(B) of such section, as so amended, shall be required not 
        later than 15 days after such date of enactment.
            (3) Modification of duty rate amounts.--
                    (A) In general.--Any rate of duty modified under 
                section 232(c) of the Trade Expansion Act of 1962 (19 
                U.S.C. 1862(c)) during the period specified in 
                paragraph (2) shall on the date of the enactment of 
                this Act revert to the rate of duty in effect before 
                such modification.
                    (B) Retroactive application for certain 
                liquidations and reliquidations.--
                            (i) In general.--Subject to clause (ii), 
                        any entry of an article that--
                                    (I) was made--
                                            (aa) on or after the date 
                                        that is two years before the 
                                        date of the enactment of this 
                                        Act; and
                                            (bb) before such date of 
                                        enactment; and
                                    (II) to which a lower rate of duty 
                                would be applicable due to the 
                                application of subparagraph (A),
                        shall be liquidated or reliquidated as though 
                        such entry occurred on such date of enactment.
                            (ii) Requests.--A liquidation or 
                        reliquidation may be made under clause (i) with 
                        respect to an entry only if a request therefor 
                        is filed with U.S. Customs and Border 
                        Protection not later than 180 days after the 
                        date of the enactment of this Act that contains 
                        sufficient information to enable U.S. Customs 
                        and Border Protection--
                                    (I) to locate the entry; or
                                    (II) to reconstruct the entry if it 
                                cannot be located.
                            (iii) Payment of amounts owed.--Any amounts 
                        owed by the United States pursuant to the 
                        liquidation or reliquidation of an entry of an 
                        article under clause (i) shall be paid, without 
                        interest, not later than 90 days after the date 
                        of the liquidation or reliquidation (as the 
                        case may be).
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