What This Bill Does
This bill requires the President to get Congress's approval before taking certain trade actions. The President must submit a detailed report to Congress and the Comptroller General before imposing duties (taxes on imports), import restrictions, or other trade measures. Congress then votes on whether to approve the action through a joint resolution (an agreement signed by both the Senate and House).
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Who It Affects
The President and executive branch agencies that make trade decisions. Congress and its committees. The Comptroller General of the United States. Companies that import goods. Consumers who buy imported products.
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Key Provisions
- The President must submit a report to Congress describing the proposed trade action, including an economic cost-benefit analysis showing how it affects jobs, the nation's economy, and government money. (Sec. 155(b)(1))
- The Comptroller General (a government watchdog official) has 30 days to review the President's report and tell Congress whether the President is following the law. (Sec. 155(c))
- Congress has 45 days to introduce a joint resolution of approval. The resolution then goes to the House Ways and Means Committee or Senate Finance Committee. (Sec. 155(d)(2) and (d)(3))
- If a committee does not report the resolution within 15 days, it automatically advances out of the committee to be voted on by the full chamber. (Sec. 155(d)(4)(D))
- The United States International Trade Commission must submit a report to Congress within 12 months describing the economic effects of the trade action on American producers and consumers. (Sec. 155(e))
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What Changes
Currently, the President can take many trade actions without Congress voting to approve them. This bill requires Congress to vote on and approve major trade actions before they take effect. The President must also provide Congress with detailed economic analysis of how the trade action will affect the American economy.
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Important Definitions
A "unilateral trade action" means actions taken by the President regarding imports, including:
- Banning imports of a product
- Imposing or increasing taxes on imported goods
- Creating or tightening limits on how many items can be imported
- Suspending or withdrawing trade agreement benefits
The bill says these actions apply when done under specific laws listed in the bill, but technical corrections to tariff schedules are not considered unilateral trade actions. (Sec. 155(a))
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 1060
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
MARCH 29, 2023
Mr. LEE 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.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Global Trade Account-
4
ability Act’’.
5
SEC. 2. CONGRESSIONAL REVIEW OF UNILATERAL TRADE
6
ACTIONS.
7
(a) IN GENERAL.—Chapter 5 of title I of the Trade
8
Act of 1974 (19 U.S.C. 2191 et seq.) is amended by add-
9
ing at the end the following:
10
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•S 1060 IS
‘‘SEC. 155. CONGRESSIONAL REVIEW OF UNILATERAL
1
TRADE ACTIONS.
2
‘‘(a) UNILATERAL TRADE ACTION DEFINED.—
3
‘‘(1) IN GENERAL.—In this section, the term
4
‘unilateral trade action’ means any of the following
5
actions taken with respect to the importation of an
6
article pursuant to a provision of law specified in
7
paragraph (2):
8
‘‘(A) A prohibition on importation of the
9
article.
10
‘‘(B) The imposition of or an increase in a
11
duty applicable to the article.
12
‘‘(C) The imposition or tightening of a tar-
13
iff-rate quota applicable to the article.
14
‘‘(D) The imposition or tightening of a
15
quantitative restriction on the importation of
16
the article.
17
‘‘(E) The suspension, withdrawal, or pre-
18
vention of the application of trade agreement
19
concessions with respect to the article.
20
‘‘(F) Any other restriction on importation
21
of the article.
22
‘‘(2) PROVISIONS
OF
LAW
SPECIFIED.—The
23
provisions of law specified in this paragraph are the
24
following:
25
‘‘(A) Section 122.
26
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•S 1060 IS
‘‘(B) Chapter 1 of title II.
1
‘‘(C) Title III.
2
‘‘(D) Section 406.
3
‘‘(E) Section 338 of the Tariff Act of 1930
4
(19 U.S.C. 1338).
5
‘‘(F) Section 232 of the Trade Expansion
6
Act of 1962 (19 U.S.C. 1862).
7
‘‘(G) The Trading with the Enemy Act (50
8
U.S.C. 4301 et seq.).
9
‘‘(H) The International Emergency Eco-
10
nomic Powers Act (50 U.S.C. 1701 et seq.).
11
‘‘(I) Any provision of law enacted to imple-
12
ment a trade agreement to which the United
13
States is a party.
14
‘‘(J) Any provision of a trade agreement to
15
which the United States is a party.
16
‘‘(3) EXCEPTION FOR TECHNICAL CORRECTIONS
17
TO HARMONIZED TARIFF SCHEDULE.—A technical
18
correction to the Harmonized Tariff Schedule of the
19
United States shall not be considered a unilateral
20
trade action for purposes of this section.
21
‘‘(b) CONGRESSIONAL
APPROVAL
REQUIRED.—A
22
unilateral trade action may not take effect unless—
23
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•S 1060 IS
‘‘(1) the President submits to Congress and to
1
the Comptroller General of the United States a re-
2
port that includes—
3
‘‘(A) a description of the proposed unilat-
4
eral trade action;
5
‘‘(B) the proposed effective period for the
6
action;
7
‘‘(C) an economic cost-benefit analysis of
8
the action, including an assessment of—
9
‘‘(i) whether the action is in the na-
10
tional economic interest of the United
11
States; and
12
‘‘(ii) the macroeconomic effects of the
13
action on—
14
‘‘(I) employment in the United
15
States;
16
‘‘(II) the gross domestic product
17
of the United States; and
18
‘‘(III) revenues and expenditures
19
of the Federal Government; and
20
‘‘(D) a list of articles that will be affected
21
by the action by subheading number of the
22
Harmonized Tariff Schedule of the United
23
States; and
24
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‘‘(2) a joint resolution of approval is enacted
1
pursuant to subsection (d) with respect to the ac-
2
tion.
3
‘‘(c) REPORT
OF COMPTROLLER GENERAL.—Not
4
later than 30 days after the submission of the report re-
5
quired by subsection (b)(1) with respect to a proposed uni-
6
lateral trade action, the Comptroller General shall submit
7
to Congress a report on the proposed action that includes
8
an assessment of the compliance of the President with the
9
provision of law specified in subsection (a)(2) pursuant to
10
which the action would be taken.
11
‘‘(d) PROCEDURES FOR JOINT RESOLUTION OF AP-
12
PROVAL.—
13
‘‘(1) JOINT
RESOLUTION
OF
APPROVAL
DE-
14
FINED.—For purposes of this subsection, the term
15
‘joint resolution of approval’ means a joint resolution
16
of either House of Congress that—
17
‘‘(A) states that Congress approves an ac-
18
tion proposed by the President in a report sub-
19
mitted under subsection (b)(1); and
20
‘‘(B) describes the action being approved
21
by Congress.
22
‘‘(2) INTRODUCTION.—During the period of 45
23
days after a House of Congress receives a report
24
under subsection (b)(1) with respect to a unilateral
25
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•S 1060 IS
trade action, a joint resolution of approval may be
1
introduced by any Member of that House.
2
‘‘(3) COMMITTEE CONSIDERATION.—
3
‘‘(A) REFERRAL.—A joint resolution of ap-
4
proval introduced in the House of Representa-
5
tives shall be referred to the Committee on
6
Ways and Means and a joint resolution of ap-
7
proval introduced in the Senate shall be re-
8
ferred to the Committee on Finance.
9
‘‘(B) CONSIDERATION.—The Committee on
10
Ways and Means and the Committee on Fi-
11
nance may, in considering a joint resolution of
12
approval, hold such hearings and meetings and
13
solicit such testimony as the Committee con-
14
siders appropriate.
15
‘‘(C) REPORTING.—
16
‘‘(i) IN
GENERAL.—Subject to sub-
17
paragraph (D), the Committee on Ways
18
and Means and the Committee on Finance
19
may, at any time after receiving a joint
20
resolution of approval, report the resolu-
21
tion favorably or unfavorably.
22
‘‘(ii) SUBSEQUENT RESOLUTIONS.—If
23
a subsequent joint resolution of approval
24
relating to the same unilateral trade action
25
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•S 1060 IS
proposed in the same report submitted
1
under subsection (b)(1) is referred to the
2
Committee on Ways and Means or the
3
Committee on Finance after the first such
4
resolution is reported or discharged, the
5
subsequent resolution shall not be reported
6
under this subparagraph.
7
‘‘(iii) PLACEMENT ON CALENDAR.—A
8
joint resolution of approval reported by the
9
Committee on Ways and Means or the
10
Committee on Finance shall lie over one
11
legislative day and then be placed on the
12
appropriate calendar.
13
‘‘(D) DISCHARGE.—
14
‘‘(i) IN GENERAL.—If the Committee
15
on Ways and Means or the Committee on
16
Finance has not reported a joint resolution
17
of approval by the date that is 15 days
18
after the resolution is referred to the com-
19
mittee, the resolution shall be automati-
20
cally discharged from the committee and
21
placed on the appropriate calendar.
22
‘‘(ii) PROHIBITION
ON
MOTIONS
TO
23
RECOMMIT.—A motion to recommit a joint
24
resolution of approval shall not be in order.
25
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•S 1060 IS
‘‘(iii) SUBSEQUENT RESOLUTIONS.—If
1
a subsequent joint resolution of approval
2
relating to the same unilateral trade action
3
proposed in the same report submitted
4
under subsection (b)(1) is referred to the
5
Committee on Ways and Means or the
6
Committee on Finance after the first such
7
resolution is reported or discharged, the
8
subsequent resolution shall not be dis-
9
charged under this subparagraph.
10
‘‘(4) FLOOR CONSIDERATION IN SENATE.—In
11
the Senate:
12
‘‘(A) MOTION TO PROCEED.—
13
‘‘(i) TIMING.—A motion to proceed to
14
a joint resolution of approval is in order at
15
any time after the resolution is placed on
16
the calendar.
17
‘‘(ii) MOTION BY ANY SENATOR.—Any
18
Senator may move to proceed to a joint
19
resolution of approval.
20
‘‘(iii) PRIVILEGE.—A motion to pro-
21
ceed to the consideration of the joint reso-
22
lution of approval is privileged, except that
23
this clause shall apply only to a motion to
24
proceed to a joint resolution of approval
25
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•S 1060 IS
reported or discharged from the Committee
1
on Finance under paragraph (3) or to the
2
first joint resolution of approval placed on
3
the calendar after passage in the House of
4
Representatives.
5
‘‘(iv) DEBATE.—Debate on a motion
6
to proceed to a joint resolution of approval
7
is limited to not more than 5 hours, equal-
8
ly divided between Senators favoring and
9
Senators opposing the resolution.
10
‘‘(v) MOTION NOT AMENDABLE.—The
11
motion to proceed to the joint resolution of
12
approval is not amendable. A motion to re-
13
consider is not in order. A motion to table
14
is not in order.
15
‘‘(vi)
OTHER
MOTIONS
NOT
IN
16
ORDER.—After a motion to proceed to a
17
joint resolution of approval is agreed to,
18
motions to postpone or to consider other
19
business are not in order.
20
‘‘(B) MOTIONS
AND
APPEALS.—All mo-
21
tions and appeals relating to a joint resolution
22
of approval shall be decided by the Senate with-
23
out debate.
24
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•S 1060 IS
‘‘(5) CONSIDERATION
IN
HOUSE
OF
REP-
1
RESENTATIVES.—In the House of Representatives, if
2
any committee to which a joint resolution of ap-
3
proval has been referred has not reported it to the
4
House at the end of 10 calendar days after its intro-
5
duction, such committee shall be discharged from
6
further consideration of the joint resolution, and it
7
shall be placed on the appropriate calendar. On
8
Thursdays it shall be in order at any time for the
9
Speaker to recognize a Member who favors passage
10
of a joint resolution that has appeared on the cal-
11
endar for at least 3 calendar days to call up that
12
joint resolution for immediate consideration in the
13
House without intervention of any point of order.
14
When so called up, a joint resolution shall be consid-
15
ered as read and shall be debatable for 1 hour equal-
16
ly divided and controlled by the proponent and an
17
opponent, and the previous question shall be consid-
18
ered as ordered to its passage without intervening
19
motion. It shall not be in order to reconsider the
20
vote on passage. If a vote on final passage of the
21
joint resolution has not been taken on or before the
22
close of the 10th calendar day after the resolution
23
is reported by the committee or committees to which
24
it was referred, or after such committee or commit-
25
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•S 1060 IS
tees have been discharged from further consideration
1
of the resolution, such vote shall be taken on that
2
day.
3
‘‘(6) RECEIPT OF RESOLUTION FROM OTHER
4
HOUSE.—If, before passing a joint resolution of ap-
5
proval, one House receives from the other a joint
6
resolution of approval from the other House, then—
7
‘‘(A) the joint resolution of the other
8
House shall not be referred to a committee and
9
shall be deemed to have been discharged from
10
committee on the day it is received; and
11
‘‘(B) the procedures set forth in paragraph
12
(4) or (5), as applicable, shall apply in the re-
13
ceiving House to the joint resolution received
14
from the other House to the same extent as
15
such procedures apply to a joint resolution of
16
the receiving House.
17
‘‘(7) RULES OF HOUSE OF REPRESENTATIVES
18
AND SENATE.—This subsection is enacted by Con-
19
gress—
20
‘‘(A) as an exercise of the rulemaking
21
power of the House of Representatives and the
22
Senate, respectively, and as such is deemed a
23
part of the rules of each House, respectively,
24
and the rules provided for in this section super-
25
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•S 1060 IS
sede other rules only to the extent that they are
1
inconsistent with such other rules; and
2
‘‘(B) with the full recognition of the con-
3
stitutional right of either House to change the
4
rules provided for in this section (so far as re-
5
lating to the procedures of that House) at any
6
time, in the same manner, and to the same ex-
7
tent as any other rule of that House.
8
‘‘(e) REPORT
BY
THE UNITED STATES INTER-
9
NATIONAL
TRADE
COMMISSION.—Not later than 12
10
months after the date of a unilateral trade action taken
11
pursuant to this section, the United States International
12
Trade Commission shall submit to Congress a report on
13
the effects of the action on the United States economy,
14
including a comprehensive assessment of the economic ef-
15
fects of the action on producers and consumers in the
16
United States.’’.
17
(b) CLERICAL AMENDMENT.—The table of contents
18
for the Trade Act of 1974 is amended by inserting after
19
the item relating to section 154 the following:
20
‘‘Sec. 155. Congressional review of unilateral trade actions.’’.
Æ
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