[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2549 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2549
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
April 10, 2023
Mr. Davidson 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 ``Global Trade Accountability Act of
2023''.
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.''.
(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 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--
(A) in section 301--
(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) United states-mexico-canada agreement
implementation act.--Section 104 of the United States-
Mexico-Canada Agreement Implementation Act (19 U.S.C.
4515) is amended in the matter preceding paragraph (1)
by inserting ``, subject to approval under section 155
of the Trade Act of 1974,'' after ``that action may''.
(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''.
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