[Congressional Record Volume 164, Number 98 (Wednesday, June 13, 2018)]
[Senate]
[Page S3923]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2899. Mr. BENNET (for himself and Mrs. Murray) submitted an
amendment intended to be proposed to amendment SA 2282 proposed by Mr.
Inhofe (for himself and Mr. McCain) 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 end of subtitle F of title X, add the following:
SEC. 1066. LIMITATION ON INCREASES IN DUTIES ON IMPORTS OF
STEEL AND ALUMINUM ON IMPORTS FROM CANADA,
MEXICO, AND THE EUROPEAN UNION.
(a) In General.--Notwithstanding any other provision of
law, the rates of duty applicable to articles specified in
subsection (b), and imported from Canada, Mexico, or any
country that is a member of the European Union, under the
Harmonized Tariff Schedule of the United States (in this
section referred to as the ``HTS'') on March 22, 2018, shall
remain in effect on and after March 23, 2018, without regard
to any presidential proclamation issued on May 31, 2018, or
any other date, relating to--
(1) the report of the Secretary of Commerce on the
Secretary's investigation into the effect of imports of steel
articles on the national security of the United States
transmitted to the President on January 11, 2018; or
(2) the report of the Secretary of Commerce on the
Secretary's investigation into the effect of imports of
aluminum on the national security of the United States
transmitted to the President on January 19, 2018.
(b) Articles Specified.--The articles specified in this
subsection are the following:
(1) Articles of steel classifiable under any of subheadings
7206.10 through 7216.50, 7216.99 through 7301.10, 7302.10,
7302.40 through 7302.90, or 7304.10 through 7306.90 of the
HTS.
(2) Unwrought aluminum classifiable under heading 7601 of
the HTS.
(3) Aluminum bars, rods, and profiles classifiable under
heading 7604 of the HTS.
(4) Aluminum wire classifiable under heading 7605 of the
HTS.
(5) Aluminum plates, sheets, and strips classifiable under
heading 7606 of the HTS.
(6) Aluminum foil classifiable under heading 7607 of the
HTS.
(7) Aluminum tubes and pipes classifiable under heading
7608 of the HTS.
(8) Aluminum tube and pipe fittings classifiable under
heading 7609 of the HTS.
(9) Aluminum castings classifiable under statistical
reporting number 7616.99.51.60 of the HTS.
(10) Aluminum forgings classifiable under statistical
reporting number 7616.99.51.70 of the HTS.
(c) Exception for Technical Corrections.--The limitation
under subsection (a) shall not apply with respect to
technical corrections to the HTS.
(d) Rule of Construction.--Nothing in this section shall be
construed to preempt or alter any other provision of the
Tariff Act of 1930 (19 U.S.C. 1304 et seq.) or the Trade Act
of 1974 (19 U.S.C. 2101 et seq.) related to the enforcement
of the customs and trade laws of the United States.
SEC. 1067. CONGRESSIONAL OVERSIGHT OF TARIFFS IMPOSED TO
PROTECT NATIONAL SECURITY.
Section 232 of the Trade Expansion Act of 1962 (19 U.S.C.
1862) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by adding at the end the following:
``(C) In conducting an investigation under this subsection,
the Secretary shall consult with the Secretary of Defense,
the Secretary of State, and the Director of National
Intelligence with respect to the effects on the national
security of imports of the article that is the subject of the
investigation.''; and
(B) in paragraph (3)(A)--
(i) by inserting ``(i)'' before ``By no later'';
(ii) by striking ``If the Secretary'' and inserting the
following:
``(ii) If the Secretary''; and
(iii) in clause (i), as designated by clause (i) of this
subparagraph, by striking ``a report on'' and all that
follows through ``under this section.'' and inserting the
following: ``a report that includes--
``(I) the findings of such investigation with respect to
the effect of the importation of such article in such
quantities or under such circumstances upon the national
security;
``(II) based on such findings, the recommendations of the
Secretary for action or inaction under this section; and
``(III) in consultation with the Secretary of Defense, the
Secretary of State, and the Director of National
Intelligence, an assessment of the implications of such
recommendations.'';
(2) in subsection (c)--
(A) by striking paragraph (2) and inserting the following:
``(2)(A) By not later than the date that is 30 days after
the date on which the President makes any determination under
paragraph (1), the President shall submit to Congress a
report that includes--
``(i) a description of the reasons why the President has
decided to take action, or refused to take action, under
paragraph (1); and
``(ii) an assessment of the national security implications
of such action or inaction.
``(B) Any portion of the report required by subparagraph
(A) that does not contain classified information or
proprietary information shall be included in the report
published under subsection (e).''; and
(B) by adding at the end the following:
``(4) Before proclaiming any new or additional duty or
quota under this subsection with respect to an article
imported into the United States, the President shall--
``(A) consult with respect to the duty or quota with the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representative, and, if the duty or
quota affects agricultural products, the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Agriculture of the House of Representatives;
``(B) consult with the House Advisory Group on Negotiations
and the Senate Advisory Group on Negotiations convened under
section 104(c) of the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015 (19 U.S.C. 4203(c))
regarding the status of discussions regarding any national
security issue identified with respect to each country the
exports of which would be subject to the duty or quota; and
``(C) in addition to the written statement required by
paragraph (2), transmit to Congress--
``(i) a report by the United States International Trade
Commission assessing the probable economic effects of the
duty or quota on the economy of the United States; and
``(ii) a report by the Secretary of Defense, in
consultation with the Secretary of State and the Director of
National Intelligence, describing how the national security
interests of the United States will be advanced by the duty
or quota.''; and
(3) by redesignating the second subsection (d) as
subsection (e).
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