[Congressional Record Volume 164, Number 108 (Wednesday, June 27, 2018)]
[Senate]
[Page S4650]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3256. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 3224 proposed by Mr. Roberts (for himself and Ms.
Stabenow) to the bill H.R. 2, to provide for the reform and
continuation of agricultural and other programs of the Department of
Agriculture through fiscal year 2023, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title III, add the following:
Subtitle D--Congressional Review of Unilateral Trade Actions
SEC. 3301. 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 _______