,,ii #aafth ,,congress #ast ,session ,s4 #bhg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ca1 #bjai,mr4 ,toomey 7for himself1 ,mr4 ,warner1 ,mr4 ,sasse1 ,ms4 ,hassan1 ,mr4 ,moran1 ,mr4 ,alexander1 ,mr4 ,johnson1 ,mr4 ,king1 ,mr4 ,schatz1 ,mrs4 ,shaheen1 and ,mr4 ,lankford7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend the ,trade ,expansion ,act of #aifb to impose limitations on the authority of the ,president to adjust imports that are determined to threaten to impair national security1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,bicameral ,congressional ,trade ,authority ,act of #bjai4 #b4 ,limitations on authority of ,president to adjust imports determined to threaten to impair national security 7a7 ,limitation on articles for which action may be taken ,section #bcb of the ,trade ,expansion ,act of #aifb 7#ai ,u4,s4,c4 #ahfb7 is amended-- 7#a7 by striking an article each place it appears and inserting a covered article2 7#b7 by striking any article each place it appears and inserting any covered article2 7#c7 by striking the article each place it appears and inserting the covered article2 7#d7 in the first subsection 7d71 by striking ,in the administration and all that follow through national security42 and 7#e7 by adding at the end the following3 7i7 ,definitions ,in this section3 7#a7 ,covered article ,the term covered article means an article related to the development1 maintenance1 or protection of military equipment1 energy resources1 or critical infrastructure essential to national security4 7#b7 ,national security ,the term national security-- 7,a7 means the protection of the ,united ,states from foreign aggression2 and 7,b7 does not otherwise include the protection of the general welfare of the ,united ,states4 4 7b7 ,responsibility of ,secretary of ,defense for investigations ,section #bcb7;b7 of the ,trade ,expansion ,act of #aifb 7#ai ,u4,s4,c4 #ahfb7;b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking the ,secretary of ,commerce 7hereafter in the section referred to as the ,secretary7 and inserting the ,secretary of ,defense2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking ,the ,secretary and inserting ,the ,secretary of ,defense2 and 7ii7 by striking the ,secretary of ,defense and inserting the ,secretary of ,commerce2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a7-- 7i7 in the matter preceding clause 7i71 by striking the ,secretary and inserting the ,secretary of ,defense2 and 7ii7 in clause 7i71 by striking the ,secretary of ,defense and inserting the ,secretary of ,commerce2 and 7,b7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,upon the request of the ,secretary of ,defense1 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 imported4 2 7#c7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a7-- 7i7 in the first sentence1 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 and1 based on such findings1 the recommendations of the ,secretary of ,commerce2 and 7ii7 in the second sentence1 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 security1 the ,secretaries shall2 and 7,b7 in subparagraph 7,b71 by striking by the ,secretary2 and 7#d7 in paragraph 7#d71 by striking ,secretary and inserting ,secretary of ,defense4 7c7 ,determinations of ,president ,section #bcb7;c7 of the ,trade ,expansion ,act of #aifb 7#ai ,u4,s4,c4 #ahfb7;c77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking subparagraph 7,b72 7,b7 in the matter preceding clause 7i7-- 7i7 by striking 7,a7 ,within and inserting ,within2 and 7ii7 by striking in which the ,secretary and inserting that2 7,c7 by redesignating clauses 7i7 and 7ii7 as subparagraphs 7,a7 and 7,b71 respectively2 7,d7 in subparagraph 7,a71 as redesignated by subparagraph 7,c71 by striking of the ,secretary2 and 7,e7 by amending subparagraph 7,b71 as redesignated by subparagraph 7,c71 to read as follows3 7,b7 if the ,president concurs1 submit to ,congress1 not later than #ae days after making that determination1 a proposal regarding the nature and duration of the action that1 in the judgment of the ,president1 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 security4 2 and 7#b7 by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 ,the ,president shall submit to ,congress for review under subsection 7f7 a report describing the action proposed to be taken under paragraph 7#a7 and specifying the reasons for such proposal4 ,such report shall be included in the report published under subsection 7e74 4 7d7 ,congressional approval of ,presidential adjustment of imports ,section #bcb7;f7 of the ,trade ,expansion ,act of #aifb 7#ai ,u4,s4,c4 #ahfb7;f77 is amended to read as follows3 7f7 ,congressional approval of ,presidential adjustment of imports2 joint resolution of approval 7#a7 ,in general ,an action to adjust imports proposed by the ,president in a report submitted to ,congress under subsection 7c77#b7 shall have force and effect only if1 during the period of #fj calendar days beginning on the date on which the report is submitted1 a joint resolution of approval is enacted pursuant to paragraph 7#b74 7#b7 ,joint resolutions of approval 7,a7 ,joint resolution of approval defined ,in this subsection1 the term joint resolution of approval means only a joint resolution of either ,house of ,congress-- 7i7 the title of which is as follows3 ,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 security42 and 7ii7 the sole matter after the resolving clause of which is the following3 ,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 #bcb7;c77#b7 of the ,trade ,expansion ,act of #aifb 7#ai ,u4,s4,c4 #ahfb7;c77#b77 on relating to 41 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 action4 7,b7 ,introduction ,during the period of #fj calendar days provided for under paragraph 7#a71 a joint resolution of approval may be introduced in either ,house by any ,member4 7,c7 ,consideration in ,house of ,representatives 7i7 ,committee referral ,a joint resolution of approval introduced in the ,house of ,representatives shall be referred to the ,committee on ,ways and ,means4 7ii7 ,reporting and discharge ,if the ,committee on ,ways and ,means has not reported the joint resolution of approval within #aj calendar days after the date of referral1 the ,committee shall be discharged from further consideration of the joint resolution4 7iii7 ,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 thereof1 it shall be in order to move to proceed to consider the joint resolution in the ,house4 ,all points of order against the motion are waived4 ,such a motion shall not be in order after the ,house has disposed of a motion to proceed on the joint resolution4 ,the previous question shall be considered as ordered on the motion to its adoption without intervening motion4 ,the motion shall not be debatable4 ,a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7iv7 ,floor consideration ,the joint resolution of approval shall be considered as read4 ,all points of order against the joint resolution and against its consideration are waived4 ,the previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except #b hours of debate equally divided and controlled by the sponsor of the joint resolution 7or a designee7 and an opponent4 ,a motion to reconsider the vote on passage of the joint resolution shall not be in order4 7,d7 ,consideration in the ,senate 7i7 ,committee referral ,a joint resolution of approval introduced in the ,senate shall be referred to the ,committee on ,finance4 7ii7 ,reporting and discharge ,if the ,committee on ,finance has not reported the joint resolution of approval within #aj calendar days after the date of referral of the joint resolution1 the ,committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar4 7iii7 ,proceeding to consideration ,notwithstanding ,rule ,,xxii of the ,standing ,rules of the ,senate1 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 resolution4 ,the motion to proceed is not debatable4 ,the motion is not subject to a motion to postpone4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 7iv7 ,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 debate4 7,e7 ,treatment of ,house joint resolution in ,senate 7i7 ,committee referral ,except as provided in clause 7ii71 a joint resolution of approval that has passed the ,house of ,representatives shall1 when received in the ,senate1 be referred to the ,committee on ,finance for consideration in accordance with subparagraph 7,d74 7ii7 ,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-- 7,i7 the joint resolution from the ,house of ,representatives shall1 when received in the ,senate1 be placed on the calendar2 and 7,,ii7 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 ,representatives1 except that the vote on passage in the ,senate shall be on the joint resolution that passed the ,house of ,representatives4 7iii7 ,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 ,representatives1 the joint resolution of the ,senate shall be held at the desk pending receipt of the joint resolution from the ,house of ,representatives4 ,upon receipt of the joint resolution of approval from the ,house of ,representatives1 such joint resolution shall be deemed to be read twice1 considered1 read the third time1 and passed4 7iv7 ,consideration of ,house resolution if no resolution introduced in ,senate ,if the ,senate receives a joint resolution of approval from the ,house of ,representatives1 and no joint resolution of approval has been introduced in the ,senate1 the procedures described in subparagraph 7,d7 shall apply to consideration of the joint resolution of the ,house4 7,f7 ,rules of ,house of ,representatives and ,senate ,this paragraph is enacted by ,congress-- 7i7 as an exercise of the rulemaking power of the ,senate and the ,house of ,representatives1 respectively1 and as such is deemed a part of the rules of each ,house1 respectively1 and supersedes other rules only to the extent that it is inconsistent with such rules2 and 7ii7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 4 7e7 ,exclusion process2 report ,section #bcb of the ,trade ,expansion ,act of #aifb 7#ai ,u4,s4,c4 #ahfb7 is amended by inserting after subsection 7f7 the following3 7g7 ,administration of exclusion process 7#a7 ,in general ,the ,united ,states ,international ,trade ,commission shall administer a process for granting requests for the exclusion of covered articles from any actions1 including actions to impose duties or quotas1 taken by the ,president under subsection 7c74 7#b7 ,requirements ,in administering the process required by paragraph 7#a71 the ,international ,trade ,commission shall-- 7,a7 consider1 when determining whether to grant an exclusion with respect to a covered article1 if the covered article is produced in the ,united ,states and is of sufficient quality1 available in sufficient quantities1 and available on a reasonable timeframe2 7,b7 ensure that an exclusion granted with respect to a covered article is available to any person that imports the covered article2 and 7,c7 not disclose business proprietary information4 7#c7 ,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 7#a7 with respect to a covered article4 7h7 ,report by ,international ,trade ,commission ,not later than #ah months after the ,president takes action under subsection 7c7 to adjust imports of a covered article1 the ,international ,trade ,commission shall submit to ,congress a report assessing the effects of the action on-- 7#a7 the industry to which the covered article relates2 and 7#b7 the overall economy of the ,united ,states4 4 7f7 ,conforming amendments ,section #bcb of the ,trade ,expansion ,act of #aifb 7#ai ,u4,s4,c4 #ahfb71 as amended by this section1 is further amended-- 7#a7 in the first subsection 7d71 by striking the ,secretary and the ,president each place it appears and inserting the ,secretary of ,defense1 the ,secretary of ,commerce1 and the ,president2 7#b7 by redesignating the second subsection 7d7 as subsection 7e72 and 7#c7 in paragraph 7#a7 of subsection 7e71 as redesignated by paragraph 7#b71 by striking the ,secretary and inserting the ,secretary of ,defense4 7g7 ,effective date ,except as provided by subsection 7h71 the amendments made by this section shall apply with respect to any proposed action under section #bcb7;c7 of the ,trade ,expansion ,act of #aifb 7#ai ,u4,s4,c4 #ahfb7;c77 on or after the date that is #d years before the date of the enactment of this ,act4 7h7 ,transition rules 7#a7 ,approval process for actions take before date of enactment 7,a7 ,in general ,if1 during the period specified in paragraph 7#b71 the ,president makes a determination described in subsection 7c7 of section #bcb of the ,trade ,expansion ,act of #aifb1 as in effect on the day before the date of the enactment of this ,act1 to take action with respect to an article-- 7i7 not later than #ae days after such date of enactment1 the ,president shall resubmit to ,congress the report required under that section with respect to the action2 and 7ii7 the action shall have force and effect after the day that is #ge days after such date of enactment only if1 during the period of #fj calendar days beginning on the date on which the report is resubmitted under clause 7i71 a joint resolution of approval is enacted pursuant to subsection 7f77#b7 of the ,trade ,expansion ,act of #aifb1 as amended by this section1 with respect to the action4 7,b7 ,nonapplicability of definitions ,subparagraph 7,a7 shall apply with respect to an action without regard to whether the article to which the action relates is a covered article 7as defined in subsection 7i7 of section #bcb of the ,trade ,expansion ,act of #aifb1 as added by this section74 7#b7 ,period specified ,the period specified in this paragraph is the period beginning on the date that is #d years before the date of the enactment of this ,act and ending on the day before such date of enactment4 7#c7 ,administration of exclusion process ,in the case of an action with respect to which a resolution of approval is enacted as required by paragraph 7#a77;,a77ii71 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 action4 7#d7 ,international ,trade ,commission report ,not later than #ahj days after the date of the enactment of this ,act1 the ,united ,states ,international ,trade ,commission shall submit to ,congress a report described in subsection 7h7 of section #bcb of the ,trade ,expansion ,act of #aifb1 as added by this section1 relating to each action taken under subsection 7c7 of section #bcb of the ,trade ,expansion ,act of #aifb1 as in effect on the day before such date of enactment1 during the period specified in paragraph 7#b74 7#e7 ,termination of actions not approved 7,a7 ,in general ,an action described in subparagraph 7,b7 shall terminate on the day that is #ge days after the date of the enactment of this ,act4 7,b7 ,action described ,an action described in this subparagraph is an action with respect to which-- 7i7 the ,president made a determination described in subsection 7c7 of section #bcb of the ,trade ,expansion ,act of #aifb1 as in effect on the day before the date of the enactment of this ,act1 during the period specified in paragraph 7#b72 and 7ii7 a joint resolution of approval is not enacted as required by paragraph 7#a77;,a77ii74 7,c7 ,modification of duty rate amounts 7i7 ,in general ,any rate of duty modified under section #bcb7;c7 of the ,trade ,expansion ,act of #aifb1 as in effect on the day before the date of the enactment of this ,act1 pursuant to an action described in subparagraph 7,b7 shall1 on the day that is #ge days after the date of the enactment of this ,act1 revert to the rate of duty in effect before such modification4 7ii7 ,retroactive application for certain liquidations and reliquidations 7,i7 ,in general ,subject to subclause 7,,ii71 an entry of an article shall be liquidated or reliquidated as though such entry occurred on the date that is #ge days after the date of the enactment of this ,act if-- 7aa7 the rate of duty applicable to the article was modified pursuant to an action described in subparagraph 7,b72 and 7bb7 a lower rate of duty would be applicable due to the application of clause 7i74 7,,ii7 ,requests ,a liquidation or reliquidation may be made under subclause 7,i7 with respect to an entry only if a request therefor is filed with ,u4,s4 ,customs and ,border ,protection not later than #bee days after the date of the enactment of this ,act that contains sufficient information to enable ,u4,s4 ,customs and ,border ,protection-- 7aa7 to locate the entry2 or 7bb7 to reconstruct the entry if it cannot be located4 7,,iii7 ,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 7,i7 shall be paid1 without interest1 not later than #ij days after the date of the liquidation or reliquidation 7as the case may be74 7iii7 ,entry defined ,in this paragraph1 the terms entry includes a withdrawal from warehouse for consumption4