[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8482 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8482
To deter conflict in the Taiwan Strait by establishing conditions for
suspending normal trade relations with the People's Republic of China,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 21, 2024
Mr. Moore of Utah introduced the following bill; which was referred to
the Committee on Ways and Means, and in addition to the Committees on
Foreign Affairs, and 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 deter conflict in the Taiwan Strait by establishing conditions for
suspending normal trade relations with the People's Republic of China,
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 ``Deterring Escalation Through
Economic Retaliation Act of 2024'' or the ``DETER Act of 2024''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The People's Republic of China has enjoyed normal trade
relations with the United States since its approval to join the
World Trade Organization on November 10, 2001, and formal
accession on December 10, 2001.
(2) The aggression of the People's Republic of China toward
Taiwan has increased in recent years, as incursions into
Taiwan's Air Defense Identification Zone by aircraft of the
People's Liberation Army increased 178 percent from 2021 to
2022.
(3) The economic coercion of the People's Republic of China
toward Taiwan has also increased in recent years, as the
People's Republic of China has banned importing more than 2,000
food products from Taiwan since August 2022.
(4) The United States has a long-standing commitment to
Taiwan's security and stability of cross-strait relations, as
outlined in the Six Assurances, the three United States-
People's Republic of China Joint Communiques, and the Taiwan
Relations Act (22 U.S.C. 3301 et seq.).
(5) In response to the unprovoked invasion of Ukraine by
the Russian Federation, the United States revoked
nondiscriminatory treatment for imports from the Russian
Federation and Belarus on April 8, 2022.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States has a strong interest in deterring
the People's Republic of China from invading and seizing
control of Taiwan and should employ economic levers of
influence to promote and preserve a free and open Indo-Pacific,
including prevention of aggression by the People's Republic of
China toward Taiwan;
(2) aggression by the People's Republic of China toward
Taiwan would be a violation of international norms and
inconsistent with standards of conduct required for countries
enjoying the privilege of normal trade relations with the
United States; and
(3) the People's Republic of China's policies violate its
obligations under the Protocol on the Accession of the People's
Republic of China, including nonmarket practices, intellectual
property theft, use of forced labor, and civil-military fusion.
SEC. 3. ANNUAL CERTIFICATION REGARDING MILITARY FORCE AGAINST TAIWAN BY
THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, and annually thereafter, the President shall
submit to the appropriate congressional committees a report that
includes a certification concerning whether any entity of the People's
Republic of China, including the People's Liberation Army, engaged in
an act that violated the sovereignty or territorial integrity of
Taiwan, such as an act of sustained economic coercion the likes of
which tend to precede military action, including but not limited to a
naval blockade, or an act of military aggression tantamount to an
invasion during the one-year period preceding submission of the report.
(b) Requests From Congress.--
(1) Requests.--At any point during the one-year period
after submission of a report required by subsection (a) and
before submission of the next such report, the Chairman and
Ranking Member of the appropriate congressional committees may
inquire in writing of the President with respect to whether the
certification included in the most recent report is still
accurate.
(2) Responses.--Upon receiving an inquiry from the Chairman
and Ranking Member of the appropriate congressional committees
under paragraph (1), the President shall respond in writing,
within 30 days, with respect to whether the certification
included in the most recent report submitted under subsection
(a) is still accurate.
SEC. 4. SUSPENSION OF NORMAL TRADE RELATIONS WITH THE PEOPLE'S REPUBLIC
OF CHINA.
(a) Suspension.--
(1) In general.--Notwithstanding title I of the Act
entitled, ``An Act to authorize extension of nondiscriminatory
treatment (normal trade relations treatment) to the People's
Republic of China, and to establish a framework for relations
between the United States and the People's Republic of China'',
approved October 10, 2000 (Public Law 106-286; 114 Stat. 881),
or any other provision of law, if, in a report submitted under
section 3(a), the President is unable to certify that no entity
of the People's Republic of China, including the People's
Liberation Army, engaged in an act that violated the
sovereignty or territorial integrity of Taiwan, such as an act
of sustained economic coercion the likes of which tend to
precede military action, including but not limited to a naval
blockade, or an act of military aggression tantamount to an
invasion, during the one-year period preceding submission of
the report--
(A) on and after the date that is 30 days after
submission of the report, the rates of duty set forth
in column 2 of the Harmonized Tariff Schedule of the
United States shall apply to all products of the
People's Republic of China; and
(B) not later than the date described in shall, not
later than 5 calendar days before issuing any
proclamation under paragraph (1)(B), consult with the
appropriate congressional committees regarding the
basis for and anticipated impact of subparagraph (A),
the President shall proclaim increases in such rates of
duty with respect to such products.
(2) Prior consultation.--The President proposed increases
to rates of duty under that paragraph.
(b) Restoration of Normal Trade Relations Treatment.--Not before
official notification to the appropriate Congressional committees and
the conclusion of a 90 day waiting period, the President may resume the
application of the rates of duty set forth in column 1 of the
Harmonized Tariff Schedule of the United States to the products of the
People's Republic of China on or after the date on which the President
submits a report under section 3(a) that includes--
(1) certification that no entity of the People's Republic
of China, including the People's Liberation Army, is currently
engaged in an act that violates the sovereignty or territorial
integrity of Taiwan, such as an act of sustained economic
coercion the likes of which tend to precede military action,
including but not limited to a naval blockade, or an act of
military aggression tantamount to an invasion, during the one-
year period preceding submission of the report; and
(2) certification that Taiwan's full territorial integrity
was re-established during the one-year period preceding the
submission of the report.
SEC. 5. QUADRENNIAL ASSESSMENT OF TRADE VULNERABILITIES.
(a) Quadrennial Assessment Required.--The United States Trade
Representative, in consultation with the Secretary of Commerce, the
Secretary of State, the Secretary of Defense, and the Chief Executive
Officer of the United States International Development Finance
Corporation, shall--
(1) conduct a quadrennial assessment of United States trade
vulnerabilities and supply chain risk exposure to the People's
Republic of China; and
(2) submit to the appropriate congressional committees, a
quadrennial report on the assessment, with the first to be
delivered no later than one year and 60 days after passage and
each quadrennial report thereafter to be delivered alongside
each report required by section 3(a).
(b) Elements.--The report required by subsection (a)(2) shall
include--
(1) identification of goods--
(A) for which the United States is significantly
reliant on imports from the People's Republic of China;
and
(B) that are critical to the economic prosperity
and national security of the United States;
(2) an assessment of the economic impact that revocation of
normal trade relations with the People's Republic of China
would have on the price and supply of imports of goods
identified under paragraph (1); and
(3) proposed policies to mitigate any economic impact
described in paragraph (2), including, but not limited to,
trade agreements and other policies to liberalize and
facilitate trade to diversify the sources of imports and
destination of exports.
(c) Form; Public Availability.--
(1) Form.--The report required by subsection (a)(2) shall
be submitted in unclassified form, but may include a classified
annex.
(2) Public availability.--The unclassified portion of the
report required by subsection (a)(2) shall be posted on a
publicly accessible website of the Department of Commerce
within 30 days of the submission of the report to Congress.
SEC. 6. NATIONAL INTEREST WAIVER AND CONGRESSIONAL REVIEW.
(a) Waiver.--The requirement under section 4(a)(1) shall be waived
for a one-year period if--
(1) the President--
(A) determines that such a waiver is in the
national interest of the United States; and
(B) submits to the appropriate congressional
committees a notice of and justification for the
waiver; and
(2) Congress passes a joint resolution of approval pursuant
to subsection (b) during the period of 60 calendar days
beginning on the date on which the President submits the notice
required by paragraph (1)(B).
(b) Congressional Approval.--
(1) Joint resolution of approval defined.--In this
subsection, the term ``joint resolution'' means only a joint
resolution--
(A) that is introduced not later than 10 calendar
days after the date on which Congress receives the
notice required by subsection (a)(1)(B);
(B) that does not have a preamble;
(C) the title of which is as follows: ``Joint
resolution relating to the approval of continuing
normal trade relations with the People's Republic of
China.''; and
(D) the matter after the resolving clause of which
is as follows: ``Congress approves of the waiver for a
one-year period of the requirement under section
4(a)(1) of the Deterring Escalation Through Economic
Retaliation Act of 2023 to suspend normal trade
relations with the People's Republic of China, with
respect to which notice was submitted to Congress
on.'', with the blank space being filled with the
appropriate date.
(2) Fast track consideration in house of representatives.--
(A) Reconvening.--Upon receipt of a notice under
subsection (a)(1)(B), the Speaker of the House of
Representatives, if the House would otherwise be
adjourned, shall notify the Members of the House that,
pursuant to this paragraph, the House shall convene no
later than 10 calendar days after receiving such
notice.
(B) Committee referral.--A joint resolution of
approval introduced in the House of Representatives
shall be referred to the Committee on Ways and Means.
(C) Reporting and discharge.--If the Committee on
Ways and Means has not reported a joint resolution of
approval within 10 calendar days after the date of
referral, the Committee shall be discharged from
further consideration of the joint resolution and the
joint resolution shall be referred to the appropriate
calendar.
(D) Proceeding to consideration.--After the
Committee on Ways and Means has considered a joint
resolution and reports it to the House, or has been
discharged from its consideration, it shall be in
order, not later than 60 calendar days after Congress
receives the notice described in subsection (a)(1)(B)
to move to proceed to consider the joint resolution in
the House. All points of order against the motion are
waived. Such a motion shall not be in order after the
House has disposed of a motion to proceed on the joint
resolution. The previous question shall be considered
as ordered on the motion to its adoption without
intervening motion. The motion shall not be debatable.
A motion to reconsider the vote by which the motion is
disposed of shall not be in order.
(E) Consideration.--The joint resolution shall be
considered as read. All points of order against the
joint resolution and against its con- sideration are
waived. The previous question shall be considered as
ordered on the joint resolution to its passage without
intervening motion except not more than 10 hours of
debate equally divided and controlled by the proponent
and an opponent. A motion to reconsider the vote on
passage of the joint resolution shall not be in order.
(3) Fast track consideration in senate.--
(A) Reconvening.--Upon receipt of a notice under
subsection (a)(1)(B), if the Senate has adjourned or
recessed for more than 2 days, the majority leader of
the Senate, after consultation with the minority leader
of the Senate, shall notify the Members of the Senate
that, pursuant to this paragraph, the Senate shall
convene not later than 10 calendar days after receipt
of such notice.
(B) Committee referral.--A joint resolution of
approval introduced in the Senate shall be referred to
the Committee on Finance.
(C) Reporting and discharge.--If the Committee on
Finance has not reported a joint resolution of approval
within 10 calendar days after the date of referral, the
Committee shall be discharged from further
consideration of the joint resolution, and the joint
resolution shall be placed immediately on the calendar.
(D) Floor consideration.--
(i) In general.--Notwithstanding Rule XXII
of the Standing Rules of the Senate, it is in
order at any time after the joint resolution
has been placed on the calendar, and before the
date that is 60 calendar days after Congress
receives the no- tice described in subsection
(a)(1)(B), to move to proceed to the
consideration of the joint resolution. All
points of order against the joint resolution
(and against consideration of the joint
resolution) are waived. The motion to proceed
is not debatable. The motion is not subject to
a motion to postpone. A motion to reconsider
the vote by which the motion is agreed to or
dis- agreed to shall not be in order. If a
motion to proceed to the consideration of the
resolution is agreed to, the joint resolution
shall remain the unfinished business until
disposed of.
(ii) Debate.--Debate on the joint
resolution, and on all debatable motions and
appeals in connection therewith, shall be
limited to not more than 10 hours, which shall
be divided equally between the majority and
minority leaders or their designees. A motion
further to limit debate is in order and not
debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the
consideration of other business, or a motion to
recommit the joint resolution is not in order.
(iii) Vote on passage.--The vote on passage
on a joint resolution of approval shall occur
immediately following the conclusion of the
debate on a joint resolution, and a single
quorum call at the conclusion of the debate if
requested in accordance with the rules of the
Senate.
(iv) Rulings of the chair on procedure.--
Appeals from the decisions of the Chair
relating to the application of the ru