116th CONGRESS 1st Session |
To provide for congressional review of the imposition of duties and other trade measures by the executive branch, and for other purposes.
January 23, 2019
Mr. Davidson of Ohio (for himself, Mr. Amash, Mr. Barr, Mr. Buck, Mr. LaHood, Mr. Meadows, Mr. Posey, Mr. Walker, Mr. Budd, Mr. Johnson of Louisiana, and Mr. Banks) 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
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,
This Act may be cited as the “Global Trade Accountability Act of 2019”.
SEC. 2. Congressional review of unilateral 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. Congressional review of unilateral trade actions.
“(a) Unilateral trade action defined.—
“(1) IN GENERAL.—In this section, the term ‘unilateral 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 unilateral trade action for purposes of this section.
“(b) Congressional approval required.—Except as provided by subsection (d), a unilateral trade action may not take effect unless—
“(1) the President submits to Congress and to the Comptroller General of the United States a report that includes—
“(A) a description of the proposed unilateral trade 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; and
“(E) a list of articles that will be affected by the action by subheading number of the Harmonized Tariff Schedule of the United States; and
“(2) a joint resolution of approval is enacted pursuant to subsection (e).
“(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 unilateral 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) Temporary authority.—Notwithstanding any other provision of this section, a unilateral trade action may take effect for one 90-calendar-day period (without renewal) if the President—
“(1) determines that is necessary for the unilateral trade action to take effect because the action is—
“(A) necessary because of a national emergency;
“(B) necessary because of an imminent threat to health or safety;
“(C) necessary for the enforcement of criminal laws; or
“(D) necessary for national security; and
“(2) submits written notice of the determination to Congress.
“(e) Procedures for joint resolution.—
“(1) 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 approves the action proposed by the President under section 155(b) of the Trade Act of 1974 in the report submitted to Congress under that section on _______.’, with the blank space being filled with the appropriate date.
“(2) INTRODUCTION.—After a House of Congress receives a report under subsection (b)(1) with respect to a unilateral trade action, the majority leader of that House (or his or her respective designee) shall introduce (by request, if appropriate) a joint resolution—
“(A) in the case of the House of Representatives, within 3 legislative days; and
“(B) in the case of the Senate, within 3 session days.
“(3) APPLICATION OF SECTION 152.—The provisions of subsections (b) through (f) of section 152 shall apply to a joint resolution under this subsection to the same extent those provisions apply to a resolution under section 152.
“(f) Report by the United States International Trade Commission.—Not later than 12 months after the date of a unilateral trade action taken 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. Congressional review of unilateral trade actions.”.
(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 approval under section 155” after “Congress)”;
(B) in subsection (c), in the flush text following paragraph (2), by inserting “and subject to approval under section 155” after “Congress)”; and
(C) in subsection (g), by inserting “and subject to approval 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—
(i) in subsection (a), in the flush text, by inserting “to approval under section 155 and” after “subsection (c), subject”; and
(ii) in subsection (b)(2), by inserting “to approval under section 155 and” after “subsection (c), subject”;
(B) in section 305(a)(1), by inserting “to approval under section 155 and” after “section 301, subject”; and
(C) in section 307(a)(1), in the matter preceding subparagraph (A), by inserting “to approval 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 approval under section 155, with respect to”; and
(B) in subsection (c), in the second sentence, by striking “If the President” and inserting “Subject to approval 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 approval under section 155” after “of this section”;
(B) in subsection (i)(4)(A), by inserting “, subject to approval 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 approval 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 approval 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 approval under section 155 of the Trade Act of 1974,” after “by proclamation”;
(B) in subsection (b), by inserting “subject to approval 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 approval under section 155 of the Trade Act of 1974, any proclamation”;
(D) in subsection (d), by inserting “subject to approval under section 155 of the Trade Act of 1974 and” after “he shall,”; and
(E) in subsection (e), by inserting “subject to approval 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 approval 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 approval under section 155 of the Trade Act of 1974” after “paragraphs (2) and (3)”; and
(B) in paragraph (7), by inserting “and approval 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 approval 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 approval 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 approval 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 approval under section 155 of the Trade Act of 1974” after “2902)”;
(ii) in subsection (b), in the matter preceding paragraph (1), by inserting “and approval 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 approval under section 155 of the Trade Act of 1974,”; and
(iv) in subsection (e)(1), in the matter preceding subparagraph (A), by inserting “and approval 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 approval 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 approval 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 approval 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 approval 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 approval under section 155 of the Trade Act of 1974,”; and
(ii) in subsection (b), in the matter preceding paragraph (1), by inserting “and approval 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 approval under section 155 of the Trade Act of 1974,”; and
(ii) in subsection (b), in the matter preceding paragraph (1), by inserting “and approval 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 approval under section 155 of the Trade Act of 1974,”; and
(ii) in subsection (b), in the matter preceding paragraph (1), by inserting “and approval 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 approval under section 155 of the Trade Act of 1974,”; and
(ii) in subsection (b), in the matter preceding paragraph (1), by inserting “and approval 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 approval under section 155 of the Trade Act of 1974,”; and
(ii) in subsection (b), in the matter preceding paragraph (1), by inserting “and approval 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 approval under section 155 of the Trade Act of 1974,”; and
(ii) in subsection (b), in the matter preceding paragraph (1), by inserting “and approval 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 approval under section 155 of the Trade Act of 1974,”; and
(ii) in subsection (b), in the matter preceding paragraph (1), by inserting “and approval 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 approval under section 155 of the Trade Act of 1974,”; and
(ii) in subsection (b), in the matter preceding paragraph (1), by inserting “and approval 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 approval under section 155 of the Trade Act of 1974,”; and
(ii) in subsection (b), in the matter preceding paragraph (1), by inserting “and approval 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 approval under section 155 of the Trade Act of 1974,”; and
(ii) in subsection (b), in the matter preceding paragraph (1), by inserting “and approval 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 approval under section 155 of the Trade Act of 1974,”; and
(ii) in subsection (b), in the matter preceding paragraph (1), by inserting “and approval under section 155 of the Trade Act of 1974” after “section 104”.