[Congressional Record Volume 164, Number 96 (Monday, June 11, 2018)]
[Senate]
[Page S3708]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2732. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed to the bill H.R. 5515, to authorize 
appropriations for fiscal year 2019 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, add the following:

     SEC.   . 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 _______