S.Amdt. 2732Senate115th Congress (2017-2019)2nd degree
S.Amdt. 2732
Sponsored by
Sen. Mike Lee (R-UT)
Submitted June 11, 2018
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Senate amendment submitted
June 11, 2018
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Submitted
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 _______