I 

116TH CONGRESS 

1ST SESSION H. R. 3673 

To require congressional approval of certain trade remedies, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 10, 2019 

Mr. CUNNINGHAM introduced the following bill; which was referred to the 

Committee on Ways and Means, and in addition to the Committee on 

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 require congressional approval of certain trade remedies, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Promoting Responsible 

5 and Free Trade Act of 2019’’. 

6 SEC. 2. APPROVAL FOR REMEDY ACTIONS BY THE UNITED 

7 STATES TRADE REPRESENTATIVE. 

8 Section 301 of the Trade Act of 1974 (19 U.S.C. 

9 2411) is amended as follows: 


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1 (1) MANDATORY ACTION.—In the matter fol2 lowing subsection (a)(1)(B)(ii), by striking ‘‘shall 

3 take action authorized in subsection (c)’’ and insert4 ing ‘‘shall propose, in accordance with subsection 

5 (d), action authorized under subsection (c)’’. 

6 (2) DISCRETIONARY ACTION.—In subsection 

7 (b)(2), by striking ‘‘shall take all appropriate and 

8 feasible action authorized under subsection (c)’’ and 

9 inserting ‘‘shall propose, in accordance with sub10 section (d), appropriate and feasible action author11 ized under subsection (c)’’. 

12 (3) CONGRESSIONAL DISAPPROVAL PROCE13 DURES.—By redesignating subsection (d) as sub14 section (e) and inserting after subsection (c) the fol15 lowing: 

16 ‘‘(d) CONGRESSIONAL DISAPPROVAL PROCE17 DURES.— 

18 ‘‘(1) IN GENERAL.—The Trade Representative 

19 shall submit to the Committee on Ways and Means 

20 of the House of Representatives and to the Com21 mittee on Finance of the Senate a report describing 

22 and justifying a determination pursuant to sub23 section (a) or (b) of this section and specifying the 

24 proposed action authorized under subsection (c). The 

25 Trade Representative shall also include in such reVerDate Sep 11 2014 22:00 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3673.IH H3673

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1 port, as appropriate, any specific direction of the 

2 President relating to such proposed action and any 

3 other action within the power of the President that 

4 the President, as provided for in subsection (a), may 

5 have directed the Trade Representative to take with 

6 respect to such determination. 

7 ‘‘(2) ENTRY INTO FORCE.— 

8 ‘‘(A) JOINT RESOLUTION OF DIS9 APPROVAL.—An action proposed in accordance 

10 with paragraph (1) shall take effect on the date 

11 that is 60 days after the date of the submission 

12 of the report required by paragraph (1) unless, 

13 within such 60 day window, Congress enacts a 

14 joint resolution, the matter after the resolving 

15 clause of which is as follows: ‘That the Con16 gress does not approve the action proposed by 

17 the Trade Representative under section 301 of 

18 the Trade Act of 1974 submitted to the Con19 gress on lllll.’, the blank space being 

20 filled with the appropriate date. 

21 ‘‘(B) PROCEDURES APPLIED.—The provi22 sions of section 152 shall apply to resolutions 

23 described in subsection (a).’’. 


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1 SEC. 3. APPROVAL FOR REMEDY ACTION RELATING TO 

2 POSITIVE ADJUSTMENTS TO IMPORT COM3 PETITION. 

4 Section 202 of the Trade Act of 1974 (19 U.S.C. 

5 2252) is amended as follows: 

6 (1) INITIAL SUBMISSION TO CONGRESS.—In 

7 subsection (f)— 

8 (A) in paragraph (1), by striking ‘‘shall 

9 submit to the President’’ and inserting ‘‘shall 

10 submit to the Committee on Ways and Means 

11 of the House of Representatives and the Com12 mittee on Finance of the Senate’’; and 

13 (B) in paragraph (3), by striking ‘‘submit14 ting a report to the President’’ and inserting 

15 ‘‘submitting a report to the Committees’’. 

16 (2) CONFORMING AMENDMENTS.—In the mat17 ter following subsection (c)(2)(B), by striking ‘‘to 

18 the President under subsection (e)’’ and inserting 

19 ‘‘under subsection (f)’’. 

20 (3) CONGRESSIONAL DISAPPROVAL PROCE21 DURES.—By adding at the end the following: 

22 ‘‘(j) ENTRY INTO FORCE.— 

23 ‘‘(1) JOINT RESOLUTION OF DISAPPROVAL.— 

24 On the date that is 60 days after the date of the 

25 submission of a report under subsection (f), the 

26 Commission shall submit such report to the PresiVerDate Sep 11 2014 22:00 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3673.IH H3673

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1 dent unless, within such 60 day window, Congress 

2 enacts a joint resolution, the matter after the resolv3 ing clause of which is as follows: ‘That the Congress 

4 does not approve the report by the Commission 

5 under section 202(f) of the Trade Act of 1974 sub6 mitted to the Congress on lllll.’, the blank 

7 space being filled with the appropriate date. 

8 ‘‘(2) PROCEDURES APPLIED.—The provisions of 

9 section 152 shall apply to resolutions described in 

10 subsection (a).’’. 

11 SEC. 4. APPROVAL FOR ACTION SAFEGUARDING NATIONAL 

12 SECURITY. 

13 (a) IN GENERAL.—Section 232 of the Trade Expan14 sion Act of 1962 (19 U.S.C. 1862) is amended— 

15 (1) in subsection (b)— 

16 (A) in paragraph (1)— 

17 (i) in subparagraph (A), by striking 

18 ‘‘Secretary of Commerce’’ and all that fol19 lows through ‘‘) shall’’ and inserting ‘‘the 

20 Secretary of Defense shall’’; and 

21 (ii) in subparagraph (B)— 

22 (I) by striking ‘‘Secretary shall’’ 

23 and inserting ‘‘Secretary of Defense 

24 shall’’; and 


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1 (II) by striking ‘‘Secretary of De2 fense of’’ and inserting ‘‘Secretary of 

3 Commerce of’’; 

4 (B) in paragraph (2)— 

5 (i) by striking subparagraph (B); 

6 (ii) in subparagraph (A)— 

7 (I) in the matter preceding clause 

8 (i)— 

9 (aa) by striking ‘‘(A) In’’ 

10 and inserting ‘‘In’’; and 

11 (bb) by striking ‘‘Secretary’’ 

12 and inserting ‘‘Secretary of De13 fense’’; and 

14 (II) by striking clauses (i) 

15 through (iii) and inserting the fol16 lowing: 

17 ‘‘(A) consult with the Secretary of Commerce 

18 regarding the methodological and policy questions 

19 raised in any investigation initiated under paragraph 

20 (1); 

21 ‘‘(B) prepare an assessment of the defense re22 quirements and national security impact of any arti23 cle that is the subject of an investigation, which 

24 shall focus on— 


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1 ‘‘(i) the impact of the importation of the 

2 article on military readiness and critical infra3 structure; and 

4 ‘‘(ii) the need for a reliable supply of the 

5 article to protect national security; 

6 ‘‘(C) seek information and advice from the Sec7 retary of Commerce; 

8 ‘‘(D) consult with appropriate officers of the 

9 United States; 

10 ‘‘(E) consult with members of the Committee 

11 on Finance of the Senate and members of the Com12 mittee on Ways and Means of the House of Rep13 resentatives; and 

14 ‘‘(F) hold public hearings, co-chaired with the 

15 Department of Commerce, or otherwise afford inter16 ested parties an opportunity to present information 

17 and advice relevant to such investigation.’’; 

18 (C) in paragraph (3)— 

19 (i) by redesignating subparagraph (B) 

20 as subparagraph (D); 

21 (ii) by striking subparagraph (A) and 

22 inserting the following: 

23 ‘‘(A) Not later than 200 days after the date on which 

24 the Secretary of Defense initiates an investigation under 

25 paragraph (1) with respect to an article, the Secretary of 


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1 Defense shall submit to the President a report on the find2 ings of such investigation with respect to the effect of the 

3 importation of such article in such quantities or under 

4 such circumstances on the national security of the United 

5 States. 

6 ‘‘(B) If the report described in subparagraph (A) in7 cludes an affirmative finding that the importation of an 

8 article in such quantities or under such circumstances 

9 threatens to impair the national security, the President 

10 may direct the Secretary of Commerce to devise rec11 ommendations to address such threat. 

12 ‘‘(C) Not later than 100 days after receiving from 

13 the President under subparagraph (B) a direction to de14 vise recommendations with respect to an article, the Sec15 retary of Commerce shall submit to the Committee on 

16 Ways and Means of the House of Representatives and the 

17 Committee on Finance of the Senate a report that in18 cludes— 

19 ‘‘(i) recommendations for action or inaction 

20 under this section with respect to the article; and 

21 ‘‘(ii) the findings of the Secretary of Commerce 

22 with respect to the investigation by the Secretary of 

23 Defense under paragraph (1).’’; and 

24 (iii) in subparagraph (D), as so redes25 ignated by subparagraph (C)— 


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1 (I) by striking ‘‘Secretary’’ and 

2 inserting ‘‘Secretary of Defense’’; and 

3 (II) by inserting ‘‘or the report 

4 submitted by the Secretary of Com5 merce under subparagraph (C)’’ after 

6 ‘‘subparagraph (A)’’; 

7 (D) in paragraph (4), by inserting ‘‘of De8 fense, in consultation with the Secretary of 

9 Commerce,’’ after ‘‘The Secretary’’; and 

10 (E) by adding at the end the following: 

11 ‘‘(5) The Secretary shall submit the report de12 scribed in paragraph (3)(C) to the President if Con13 gress enacts a joint resolution, the matter after the 

14 resolving clause of which is as follows: ‘That the 

15 Congress approves the report by the Commission 

16 under section 232 of the Trade Act of 1962 sub17 mitted to the Congress on lllll.’, the blank 

18 space being filled with the appropriate date. The 

19 provisions of section 152 of the Trade Act of 1974 

20 shall apply with respect to the consideration of such 

21 joint resolution.’’; 

22 (2) in subsection (c)(1), by striking subpara23 graph (A) and inserting the following: 


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1 ‘‘(A) Not later than 60 days after receiving rec2 ommendations submitted under subsection (b)(5) with re3 spect to an article, the President shall— 

4 ‘‘(i) decide whether to take action based on 

5 such recommendations; and 

6 ‘‘(ii) if the President decides to take action 

7 under clause (i), determine the nature and duration 

8 of the action to be taken to adjust the imports of the 

9 article and its derivatives so that such imports will 

10 not threaten to impair the national security.’’; 

11 (3) in subsection (d)— 

12 (A) by striking ‘‘the Secretary and the 

13 President’’ each place it appears and inserting 

14 ‘‘the Secretary of Defense, the Secretary of 

15 Commerce, and the President’’; and 

16 (B) by inserting ‘‘, the production of which 

17 is needed for national defense requirements and 

18 critical infrastructure in the United States’’ 

19 after ‘‘welfare of individual domestic indus20 tries’’; 

21 (4) by redesignating the second subsection (d) 

22 as subsection (e); and 

23 (5) in subsection (e)(1), as so redesignated by 

24 paragraph (3), by striking ‘‘Secretary’’ and inserting 

25 ‘‘Secretary of Defense’’. 


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1 (b) EFFECTIVE DATE.— 

2 (1) SUSPENSION OF ENFORCEMENT OF PRIOR

3 ONGOING ACTIONS.—No action taken pursuant to 

4 such section 232 (as in effect before the date of the 

5 enactment of this Act) during the 2-year period end6 ing on the day before the date of the enactment of 

7 this Act may be enforced until the date of the enact8 ment of a joint resolution of approval described in 

9 paragraph (2). 

10 (2) PROCEDURES TO ENFORCE PRIOR ONGOING

11 ACTIONS.—A joint resolution described in this para12 graph is a resolution the matter after the resolving 

13 clause of which is as follows: ‘‘That the Congress ap14 proves the action relating to llll under section 

15 232 of the Trade Act of 1962 as in effect on 

16 lllll.’’, the blank spaces being filled with, re17 spectively, a description of the action to be approved 

18 and the appropriate date. The provisions of section 

19 152 of the Trade Act of 1974 shall apply with re20 spect to the consideration of such joint resolution. 

Æ 


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