Title: Bicameral Congressional Trade Authority Act of 2021
Policy area: Foreign Trade and International Finance

Summary:
Bicameral Congressional Trade Authority Act of 2021
This bill requires congressional approval for a presidential import adjustment due to a national security threat from an import related to military equipment, energy resources, or critical infrastructure essential to national security. 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 Department of Defense (currently, the Department of Commerce) must investigate the effect of these imports on national security.
The bill retroactively applies to any proposed action made four years before enactment of this bill. In general, any rate of duty modification occurring in the time period beginning four years before and ending the day before enactment of this bill must revert to the previous rate unless it receives congressional approval.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2934 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2934

 To amend the Trade Expansion Act of 1962 to impose limitations on the 
  authority of the President to adjust imports that are determined to 
     threaten to impair national security, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 5, 2021

Mr. Toomey (for himself, Mr. Warner, Mr. Carper, Mr. Cornyn, Mr. Crapo, 
 Mrs. Feinstein, Mr. Grassley, Ms. Hassan, Mr. Johnson, Mr. Kaine, Mr. 
  King, Mr. Lankford, Mr. Lee, Mr. Moran, Mr. Sasse, Mr. Schatz, Mr. 
 Scott of South Carolina, Mrs. Shaheen, and Mr. Tillis) 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 impose limitations on the 
  authority of the President to adjust imports that are determined to 
     threaten to impair national security, 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 ``Bicameral Congressional Trade 
Authority Act of 2021''.

SEC. 2. LIMITATIONS ON AUTHORITY OF PRESIDENT TO ADJUST IMPORTS 
              DETERMINED TO THREATEN TO IMPAIR NATIONAL SECURITY.

    (a) Limitation on Articles for Which Action May Be Taken.--Section 
232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862) is amended--
            (1) by striking ``an article'' each place it appears and 
        inserting ``a covered article'';
            (2) by striking ``any article'' each place it appears and 
        inserting ``any covered article'';
            (3) by striking ``the article'' each place it appears and 
        inserting ``the covered article'';
            (4) in the first subsection (d), by striking ``In the 
        administration'' and all that follow through ``national 
        security.''; and
            (5) by adding at the end the following:
    ``(i) Definitions.--In this section:
            ``(1) Covered article.--The term `covered article' means an 
        article related to the development, maintenance, or protection 
        of military equipment, energy resources, or critical 
        infrastructure essential to national security.
            ``(2) National security.--The term `national security'--
                    ``(A) means the protection of the United States 
                from foreign aggression; and
                    ``(B) does not otherwise include the protection of 
                the general welfare of the United States.''.
    (b) Responsibility of Secretary of Defense for Investigations.--
Section 232(b) of the Trade Expansion Act of 1962 (19 U.S.C. 1862(b)) 
is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``the 
                Secretary of Commerce (hereafter in the section 
                referred to as the `Secretary')'' and inserting ``the 
                Secretary of Defense''; and
                    (B) in subparagraph (B)--
                            (i) by striking ``The Secretary'' and 
                        inserting ``The Secretary of Defense''; and
                            (ii) by striking ``the Secretary of 
                        Defense'' and inserting ``the Secretary of 
                        Commerce'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) in the matter preceding clause (i), by 
                        striking ``the Secretary'' and inserting ``the 
                        Secretary of Defense''; and
                            (ii) in clause (i), by striking ``the 
                        Secretary of Defense'' and inserting ``the 
                        Secretary of Commerce''; and
                    (B) by amending subparagraph (B) to read as 
                follows:
    ``(B) Upon the request of the Secretary of Defense, the Secretary 
of Commerce shall provide to the Secretary of Defense an assessment of 
the quantity of imports of any covered article that is the subject of 
an investigation conducted under this subsection and the circumstances 
under which the covered article is imported.'';
            (3) in paragraph (3)--
                    (A) in subparagraph (A)--
                            (i) in the first sentence, by striking 
                        ``the Secretary shall submit'' and all that 
                        follows through ``recommendations of the 
                        Secretary'' and inserting ``the Secretary of 
                        Defense and the Secretary of Commerce shall 
                        jointly submit to the President a report on the 
                        findings of the investigation and, based on 
                        such findings, the recommendations of the 
                        Secretary of Commerce''; and
                            (ii) in the second sentence, by striking 
                        ``Secretary finds'' and all that follows 
                        through ``Secretary shall'' and inserting 
                        ``Secretaries find that the covered article is 
                        being imported into the United States in such 
                        quantities or under such circumstances as to be 
                        a substantial cause of a threat to impair the 
                        national security, the Secretaries shall''; and
                    (B) in subparagraph (B), by striking ``by the 
                Secretary''; and
            (4) in paragraph (4), by striking ``Secretary'' and 
        inserting ``Secretary of Defense''.
    (c) Determinations of President.--Section 232(c) of the Trade 
Expansion Act of 1962 (19 U.S.C. 1862(c)) is amended--
            (1) in paragraph (1)--
                    (A) by striking subparagraph (B);
                    (B) in the matter preceding clause (i)--
                            (i) by striking ``(A) Within'' and 
                        inserting ``Within''; and
                            (ii) by striking ``in which the Secretary'' 
                        and inserting ``that'';
                    (C) by redesignating clauses (i) and (ii) as 
                subparagraphs (A) and (B), respectively;
                    (D) in subparagraph (A), as redesignated by 
                subparagraph (C), by striking ``of the Secretary''; and
                    (E) by amending subparagraph (B), as redesignated 
                by subparagraph (C), to read as follows:
            ``(B) if the President concurs, submit to Congress, not 
        later than 15 days after making that determination, a proposal 
        regarding the nature and duration of the action that, in the 
        judgment of the President, should be taken to adjust the 
        imports of the covered article and its derivatives so that such 
        imports will not be a substantial cause of a threat to impair 
        the national security.''; and
            (2) 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).''.
    (d) Congressional Approval of Presidential Adjustment of Imports.--
Section 232(f) of the Trade Expansion Act of 1962 (19 U.S.C. 1862(f)) 
is amended to read as follows:
    ``(f) Congressional Approval of Presidential Adjustment of Imports; 
Joint Resolution of Approval.--
            ``(1) In general.--An action to adjust imports proposed by 
        the President in a report submitted to Congress under 
        subsection (c)(2) shall have force and effect only if, during 
        the period of 60 calendar days beginning on the date on which 
        the report is submitted, a joint resolution of approval is 
        enacted pursuant to paragraph (2).
            ``(2) 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 proposal of the President 
                        relating to the adjustment of imports to 
                        protect the national security as described 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 (1), a joint 
                resolution of approval may be introduced in either 
                House by any Member.
                    ``(C) Consideration in house of representatives.--
                            ``(i) Committee referral.--A joint 
                        resolution of approval introduced in the House 
                        of Representatives shall be referred to the 
                        Committee on Ways and Means.
                            ``(ii) Reporting and discharge.--If the 
                        Committee on Ways and Means has not reported 
                        the 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.
                            ``(iii) Proceeding to consideration.--
                        Beginning on the third legislative day after 
                        the Committee on Ways and Means reports the 
                        joint resolution of approval 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) Floor consideration.--The joint 
                        resolution of approval 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.
                    ``(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 on Finance has not reported the joint 
                        resolution of approval within 10 calendar days 
                        after the date of referral of the joint 
                        resolution, the 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 to the procedure relating to a joint 
                        resolution of approval shall be decided by the 
                        Senate without debate.
                    ``(E) Treatment of house joint resolution in 
                senate.--
                            ``(i) Committee referral.--Except as 
                        provided in clause (ii), a joint resolution of 
                        approval that has passed the House of 
                        Representatives shall, when received in the 
                        Senate, be referred to the Committee on Finance 
                        for consideration in accordance with 
                        subparagraph (D).
                            ``(ii) Consideration of house resolution.--
                        If a joint resolution of approval was 
                        introduced in the Senate before receipt of a 
                        joint resolution of approval that has passed 
                        the House of Representatives--
                                    ``(I) the joint resolution from the 
                                House of Representatives shall, when 
                                received in the Senate, be placed on 
                                the calendar; and
                                    ``(II) the procedures in the Senate 
                                with respect to a joint resolution of 
                                approval introduced in the Senate shall 
                                be the same as if no joint resolution 
                                of approval had been received from the 
                                House of Representatives, except that 
                                the vote on passage in the Senate shall 
                                be on the joint resolution that passed 
                                the House of Representatives.
                            ``(iii) House resolution received after 
                        passage by senate.--If the Senate passes a 
                        joint resolution of approval before receiving a 
                        joint resolution of approval from the House of 
                        Representatives, the joint resolution of the 
                        Senate shall be held at the desk pending 
                        receipt of the joint resolution from the House 
                        of Representatives. Upon receipt of the joint 
                        resolution of approval from the House of 
                        Representatives, such joint resolution shall be 
                        deemed to be read twice, considered, read the 
                        third time, and passed.
                            ``(iv) Consideration of house resolution if 
                        no resolution introduced in senate.--If the 
                        Senate receives a joint resolution of approval 
                        from the House of Representatives, and no joint 
                        resolution of approval has been introduced in 
                        the Senate, the procedures described in 
                        subparagraph (D) shall apply to consideration 
                        of the joint resolution of the House.
                    ``(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.''.
    (e) Exclusion Process; Report.--Section 232 of the Trade Expansion 
Act of 1962 (19 U.S.C. 1862) is amended by inserting after subsection 
(f) the following:
    ``(g) Administration of Exclusion Process.--
            ``(1) In general.--The United States International Trade 
        Commission shall administer a process for granting requests for 
        the exclusion of covered articles from any actions, including 
        actions to impose duties or quotas, taken by the President 
        under subsection (c).
            ``(2) Requirements.--In administering the process required 
        by paragraph (1), the International Trade Commission shall--
                    ``(A) consider, when determining whether to grant 
                an exclusion with respect to a covered article, if the 
                covered article is produced in the United States and is 
                of sufficient quality, available in sufficient 
                quantities, and available on a reasonable timeframe;
                    ``(B) ensure that an exclusion granted with respect 
                to a covered article is available to any person that 
                imports the covered article; and
                    ``(C) not disclose business proprietary 
                information.
            ``(3) Publication of procedures.--The International Trade 
        Commission shall publish in the Federal Register and make 
        available on a publicly available internet website of the 
        Commission a description of the procedures to be followed by a 
        person requesting an exclusion under paragraph (1) with respect 
        to a covered article.
    ``(h) Report by International Trade Commission.--Not later than 18 
months after the President takes action under subsection (c) to adjust 
imports of a covered article, the International Trade Commission shall 
submit to Congress a report assessing the effects of the action on--
            ``(1) the industry to which the covered article relates; 
        and
            ``(2) the overall economy of the United States.''.
    (f) Conforming Amendments.--Section 232 of the Trade Expansion Act 
of 1962 (19 U.S.C. 1862), as amended by this section, is further 
amended--
            (1) in the first subsection (d), by striking ``the 
        Secretary and the President'' each place it appears and 
        inserting ``the Secretary of Defense, the Secretary of 
        Commerce, and the President'';
            (2) by redesignating the second subsection (d) as 
        subsection (e); and
            (3) in paragraph (1) of subsection (e), as redesignated by 
        paragraph (2), by striking ``the Secretary'' and inserting 
        ``the Secretary of Defense''.
    (g) Effective Date.--Except as provided by subsection (h), the 
amendments made by this section shall apply with respect to any 
proposed action under section 232(c) of the Trade Expansion Act of 1962 
(19 U.S.C. 1862(c)) on or after the date that is 4 years before the 
date of the enactment of this Act.
    (h) Transition Rules.--
            (1) Approval process for actions take before date of 
        enactment.--
                    (A) In general.--If, during the period specified in 
                paragraph (2), the President makes a determination 
                described in subsection (c) of section 232 of the Trade 
                Expansion Act of 1962, as in effect on the day before 
                the date of the enactment of this Act, to take action 
                with respect to an article--
                            (i) not later than 15 days after such date 
                        of enactment, the President shall resubmit to 
                        Congress the report required under that section 
                        with respect to the action; and
                            (ii) the action shall have force and effect 
                        after the day that is 75 days after such date 
                        of enactment only if, during the period of 60 
                        calendar days beginning on the date on which 
                        the report is resubmitted under clause (i), a 
                        joint resolution of approval is enacted 
                        pursuant to subsection (f)(2) of the Trade 
                        Expansion Act of 1962, as amended by this 
                        section, with respect to the action.
                    (B) Nonapplicability of definitions.--Subparagraph 
                (A) shall apply with respect to an action without 
                regard to whether the article to which the action 
                relates is a covered article (as defined in subsection 
                (i) of section 232 of the Trade Expansion Act of 1962, 
                as added by this section).
            (2) Period specified.--The period specified in this 
        paragraph is the period beginning on the date that is 4 years 
        before the date of the enactment of this Act and ending on the 
        day before such date of enactment.
            (3) Administration of exclusion process.--In the case of an 
        action with respect to which a resolution of approval is 
        enacted as required by paragraph (1)(A)(ii), the Secretary of 
        Commerce shall continue to administer the process established 
        before the date of the enactment of this Act for granting 
        requests for the exclusion of articles from the action.
            (4) International trade commission report.--Not later than 
        180 days after the date of the enactment of this Act, the 
        United States International Trade Commission shall submit to 
        Congress a report described in subsection (h) of section 232 of 
        the Trade Expansion Act of 1962, as added by this section, 
        relating to each action taken under subsection (c) of section 
        232 of the Trade Expansion Act of 1962, as in effect on the day 
        before such date of enactment, during the period specified in 
        paragraph (2).
            (5) Termination of actions not approved.--
                    (A) In general.--An action described in 
                subparagraph (B) shall terminate on the day that is 75 
                days after the date of the enactment of this Act.
                    (B) Action described.--An action described in this 
                subparagraph is an action with respect to which--
                            (i) the President made a determination 
                        described in subsection (c) of section 232 of 
                        the Trade Expansion Act of 1962, as in effect 
                        on the day before the date of the enactment of 
                        this Act, during the period specified in 
                        paragraph (2); and
                            (ii) a joint resolution of approval is not 
                        enacted as required by paragraph (1)(A)(ii).
                    (C) Modification of duty rate amounts.--
                            (i) In general.--Any rate of duty modified 
                        under section 232(c) of the Trade Expansion Act 
                        of 1962, as in effect on the day before the 
                        date of the enactment of this Act, pursuant to 
                        an action described in subparagraph (B) shall, 
                        on the day that is 75 days after the date of 
                        the enactment of this Act, revert to the rate 
                        of duty in effect before such modification.
                            (ii) Retroactive application for certain 
                        liquidations and reliquidations.--
                                    (I) In general.--Subject to 
                                subclause (II), an entry of an article 
                                shall be liquidated or reliquidated as 
                                though such entry occurred on the date 
                                that is 75 days after the date of the 
                                enactment of this Act if--
                                            (aa) the rate of duty 
                                        applicable to the article was 
                                        modified pursuant to an action 
                                        described in subparagraph (B); 
                                        and
                                            (bb) a lower rate of duty 
                                        would be applicable due to the 
                                        application of clause (i).
                                    (II) Requests.--A liquidation or 
                                reliquidation may be made under 
                                subclause (I) with respect to an entry 
                                only if a request therefor is filed 
                                with U.S. Customs and Border Protection 
                                not later than 255 days after the date 
                                of the enactment of this Act that 
                                contains sufficient information to 
                                enable U.S. Customs and Border 
                                Protection--
                                            (aa) to locate the entry; 
                                        or
                                            (bb) 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 subclause (I) shall be paid, 
                                without interest, not later than 90 
                                days after the date of the liquidation 
                                or reliquidation (as the case may be).
                            (iii) Entry defined.--In this paragraph, 
                        the terms ``entry'' includes a withdrawal from 
                        warehouse for consumption.
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