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Trade Authority Protection Act
Introduced May 10, 2018 · Last action May 29, 2018 — Referred to the Subcommittee on Trade.
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Summary
This legislation is called the Trade Authority Protection Act. Referred to the Subcommittee on Trade.
Full bill text
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5760 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 5760
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
May 10, 2018
Mr. Kind (for himself, Mr. Norman, Mr. Meeks, and Mr. Dent) 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 ``Trade Authority Protection Act''.
SEC. 2. REVIEW OF CONGRESSIONALLY DELEGATED 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. REVIEW OF CONGRESSIONALLY DELEGATED TRADE ACTIONS.
``(a) Congressionally Delegated Trade Action Defined.--
``(1) In general.--In this section, the term
`congressionally delegated 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
congressionally delegated trade action for purposes of this
section.
``(b) Effective Date for Congressionally Delegated Trade Action.--
``(1) In general.--A congressionally delegated trade action
shall take effect 60 days after the date of the submission of
the report required under paragraph (2) unless a joint
resolution of disapproval is enacted pursuant to subsection
(d).
``(2) Report required.--With respect to any proposed
congressionally delegated trade action, the President shall
submit to Congress and to the Comptroller General of the United
States a report that includes--
``(A) a description of the proposed 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;
``(E) an analysis of the economic impacts of the
action and of such retaliation; and
``(F) a list of articles that will be affected by
the action by subheading number of the Harmonized
Tariff Schedule of the United States.
``(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 congressionally delegated 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) Congressional Review Act Procedures for Joint Resolution of
Disapproval.--
``(1) Application of congressional review act procedures.--
A joint resolution under this subsection shall be considered in
the same manner and subject to the same procedures as a joint
resolution under section 802 of title 5, United States Code
(referred to as the `Congressional Review Act'), except that
subsection (b)(2) of such section shall be applied by
substituting the date of the submission of the report required
under paragraph (2) for the `submission or publication date'
under such subsection.
``(2) 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
disapproves the action proposed by the President in the report
submitted to Congress under section 155(b)(2) of the Trade Act
of 1974 on _______, and such action shall have no force or
effect.', with the blank space being filled with the
appropriate date.
``(e) Report by the United States International Trade Commission.--
Not later than 12 months after the date on which a congressionally
delegated trade action enters into effect 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. Review of congressionally delegated 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
disapproval under section 155'' after ``Congress)'';
(B) in subsection (c), in the flush text following
paragraph (2), by inserting ``and subject to
disapproval under section 155'' after ``Congress)'';
and
(C) in subsection (g), by inserting ``and subject
to disapproval 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 disapproval under section 155
and'' after ``subsection (c), subject''; and
(ii) in subsection (b)(2), by inserting
``to disapproval under section 155 and'' after
``subsection (c), subject'';
(B) in section 305(a)(1), by inserting ``to
disapproval under section 155 and'' after ``section
301, subject''; and
(C) in section 307(a)(1), in the matter preceding
subparagraph (A), by inserting ``to disapproval 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 disapproval under section 155,
with respect to''; and
(B) in subsection (c), in the second sentence, by
striking ``If the President'' and inserting ``Subject
to disapproval 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 disapproval under section 155'' after ``of this
section'';
(B) in subsection (i)(4)(A), by inserting ``,
subject to disapproval 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 disapproval 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
disapproval 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 disapproval
under section 155 of the Trade Act of 1974,'' after
``by proclamation'';
(B) in subsection (b), by inserting ``subject to
disapproval 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 disapproval
under section 155 of the Trade Act of 1974, any
proclamation'';
(D) in subsection (d), by inserting ``subject to
disapproval under section 155 of the Trade Act of 1974
and'' after ``he shall,''; and
(E) in subsection (e), by inserting ``subject to
disapproval 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 disapproval 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
disapproval under section 155 of the Trade Act of
1974'' after ``paragraphs (2) and (3)''; and
(B) in paragraph (7), by inserting ``and
disapproval 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 disapproval 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 disapproval
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 disapproval 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 disapproval under section 155 of the
Trade Act of 1974'' after ``2902)'';
(ii) in subsection (b), in the matter
preceding paragraph (1), by inserting ``and
disapproval 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 disapproval under
section 155 of the Trade Act of 1974,''; and
(iv) in subsection (e)(1), in the matter
preceding subparagraph (A), by inserting ``and
disapproval 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 disapproval 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 disapproval 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 disapproval
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 disapproval
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 disapproval
under section 155 of the Trade Act of 1974,'';
and
(ii) in subsection (b), in the matter
preceding paragraph (1), by inserting ``and
disapproval 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 disapproval
under section 155 of the Trade Act of 1974,'';
and
(ii) in subsection (b), in the matter
preceding paragraph (1), by inserting ``and
disapproval 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 disapproval
under section 155 of the Trade Act of 1974,'';
and
(ii) in subsection (b), in the matter
preceding paragraph (1), by inserting ``and
disapproval 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 disapproval
under section 155 of the Trade Act of 1974,'';
and
(ii) in subsection (b), in the matter
preceding paragraph (1), by inserting ``and
disapproval 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 disapproval
under section 155 of the Trade Act of 1974,'';
and
(ii) in subsection (b), in the matter
preceding paragraph (1), by inserting ``and
disapproval 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 disapproval
under section 155 of the Trade Act of 1974,'';
and
(ii) in subsection (b), in the matter
preceding paragraph (1), by inserting ``and
disapproval 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 disapproval
under section 155 of the Trade Act of 1974,'';
and
(ii) in subsection (b), in the matter
preceding paragraph (1), by inserting ``and
disapproval 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 disapproval
under section 155 of the Trade Act of 1974,'';
and
(ii) in subsection (b), in the matter
preceding paragraph (1), by inserting ``and
disapproval 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 disapproval
under section 155 of the Trade Act of 1974,'';
and
(ii) in subsection (b), in the matter
preceding paragraph (1), by inserting ``and
disapproval 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 disapproval
under section 155 of the Trade Act of 1974,'';
and
(ii) in subsection (b), in the matter
preceding paragraph (1), by inserting ``and
disapproval 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 disapproval
under section 155 of the Trade Act of 1974,'';
and
(ii) in subsection (b), in the matter
preceding paragraph (1), by inserting ``and
disapproval under section 155 of the Trade Act
of 1974'' after ``section 104''.
<all>Official legislative text sourced from the public record (cached on CivicsHQ).
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
Timeline reflects current normalized status only. Full action history is not yet stored in the API.
Sponsors
- Rep. Kind, Ron [D-WI-3]DHouseWI
Cosponsors
- Rep. Bera, Ami [D-CA-6]
- Rep. Beyer, Donald S. [D-VA-8]
- Rep. Brownley, Julia [D-CA-26]
- Rep. Cooper, Jim [D-TN-5]
- Rep. Correa, J. Luis [D-CA-46]
- Rep. Dent, Charles W. [R-PA-15]
- Rep. Himes, James A. [D-CT-4]
- Rep. Larsen, Rick [D-WA-2]
- Rep. Larson, John B. [D-CT-1]
- Rep. Meeks, Gregory W. [D-NY-5]
- Rep. Norman, Ralph [R-SC-5]
- Rep. O'Halleran, Tom [D-AZ-1]
- Rep. Peters, Scott H. [D-CA-50]
- Rep. Shea-Porter, Carol [D-NH-1]
- Rep. Sinema, Kyrsten [D-AZ-9]
Votes
Voting records are not yet available for this bill.