Title: Promoting Responsible and Free Trade Act of 2019
Policy area: Foreign Trade and International Finance

Summary:
Promoting Responsible and Free Trade Act of 2019
This bill allows for congressional disapproval of certain trade actions (e.g., imposing tariffs), including actions by the Office of the U.S. Trade Representative. Congressional approval is required for a trade adjustment that is made for national security reasons.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3673 Introduced in House (IH)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting Responsible and Free Trade 
Act of 2019''.

SEC. 2. APPROVAL FOR REMEDY ACTIONS BY THE UNITED STATES TRADE 
              REPRESENTATIVE.

    Section 301 of the Trade Act of 1974 (19 U.S.C. 2411) is amended as 
follows:
            (1) Mandatory action.--In the matter following subsection 
        (a)(1)(B)(ii), by striking ``shall take action authorized in 
        subsection (c)'' and inserting ``shall propose, in accordance 
        with subsection (d), action authorized under subsection (c)''.
            (2) Discretionary action.--In subsection (b)(2), by 
        striking ``shall take all appropriate and feasible action 
        authorized under subsection (c)'' and inserting ``shall 
        propose, in accordance with subsection (d), appropriate and 
        feasible action authorized under subsection (c)''.
            (3) Congressional disapproval procedures.--By redesignating 
        subsection (d) as subsection (e) and inserting after subsection 
        (c) the following:
    ``(d) Congressional Disapproval Procedures.--
            ``(1) In general.--The Trade Representative shall submit to 
        the Committee on Ways and Means of the House of Representatives 
        and to the Committee on Finance of the Senate a report 
        describing and justifying a determination pursuant to 
        subsection (a) or (b) of this section and specifying the 
        proposed action authorized under subsection (c). The Trade 
        Representative shall also include in such report, as 
        appropriate, any specific direction of the President relating 
        to such proposed action and any other action within the power 
        of the President that the President, as provided for in 
        subsection (a), may have directed the Trade Representative to 
        take with respect to such determination.
            ``(2) Entry into force.--
                    ``(A) Joint resolution of disapproval.--An action 
                proposed in accordance with paragraph (1) shall take 
                effect on the date that is 60 days after the date of 
                the submission of the report required by paragraph (1) 
                unless, within such 60 day window, Congress enacts a 
                joint resolution, the matter after the resolving clause 
                of which is as follows: `That the Congress does not 
                approve the action proposed by the Trade Representative 
                under section 301 of the Trade Act of 1974 submitted to 
                the Congress on _____.', the blank space being filled 
                with the appropriate date.
                    ``(B) Procedures applied.--The provisions of 
                section 152 shall apply to resolutions described in 
                subsection (a).''.

SEC. 3. APPROVAL FOR REMEDY ACTION RELATING TO POSITIVE ADJUSTMENTS TO 
              IMPORT COMPETITION.

    Section 202 of the Trade Act of 1974 (19 U.S.C. 2252) is amended as 
follows:
            (1) Initial submission to congress.--In subsection (f)--
                    (A) in paragraph (1), by striking ``shall submit to 
                the President'' and inserting ``shall submit to the 
                Committee on Ways and Means of the House of 
                Representatives and the Committee on Finance of the 
                Senate''; and
                    (B) in paragraph (3), by striking ``submitting a 
                report to the President'' and inserting ``submitting a 
                report to the Committees''.
            (2) Conforming amendments.--In the matter following 
        subsection (c)(2)(B), by striking ``to the President under 
        subsection (e)'' and inserting ``under subsection (f)''.
            (3) Congressional disapproval procedures.--By adding at the 
        end the following:
    ``(j) Entry Into Force.--
            ``(1) Joint resolution of disapproval.--On the date that is 
        60 days after the date of the submission of a report under 
        subsection (f), the Commission shall submit such report to the 
        President unless, within such 60 day window, Congress enacts a 
        joint resolution, the matter after the resolving clause of 
        which is as follows: `That the Congress does not approve the 
        report by the Commission under section 202(f) of the Trade Act 
        of 1974 submitted to the Congress on _____.', the blank space 
        being filled with the appropriate date.
            ``(2) Procedures applied.--The provisions of section 152 
        shall apply to resolutions described in subsection (a).''.

SEC. 4. APPROVAL FOR ACTION SAFEGUARDING NATIONAL SECURITY.

    (a) In General.--Section 232 of the Trade Expansion Act of 1962 (19 
U.S.C. 1862) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``Secretary of Commerce'' and all that follows 
                        through ``) shall'' and inserting ``the 
                        Secretary of Defense shall''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``Secretary shall'' 
                                and inserting ``Secretary of Defense 
                                shall''; and
                                    (II) by striking ``Secretary of 
                                Defense of'' and inserting ``Secretary 
                                of Commerce of'';
                    (B) in paragraph (2)--
                            (i) by striking subparagraph (B);
                            (ii) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i)--
                                            (aa) by striking ``(A) In'' 
                                        and inserting ``In''; and
                                            (bb) by striking 
                                        ``Secretary'' and inserting 
                                        ``Secretary of Defense''; and
                                    (II) by striking clauses (i) 
                                through (iii) and inserting the 
                                following:
            ``(A) consult with the Secretary of Commerce regarding the 
        methodological and policy questions raised in any investigation 
        initiated under paragraph (1);
            ``(B) prepare an assessment of the defense requirements and 
        national security impact of any article that is the subject of 
        an investigation, which shall focus on--
                    ``(i) the impact of the importation of the article 
                on military readiness and critical infrastructure; and
                    ``(ii) the need for a reliable supply of the 
                article to protect national security;
            ``(C) seek information and advice from the Secretary of 
        Commerce;
            ``(D) consult with appropriate officers of the United 
        States;
            ``(E) consult with members of the Committee on Finance of 
        the Senate and members of the Committee on Ways and Means of 
        the House of Representatives; and
            ``(F) hold public hearings, co-chaired with the Department 
        of Commerce, or otherwise afford interested parties an 
        opportunity to present information and advice relevant to such 
        investigation.'';
                    (C) in paragraph (3)--
                            (i) by redesignating subparagraph (B) as 
                        subparagraph (D);
                            (ii) by striking subparagraph (A) and 
                        inserting the following:
    ``(A) Not later than 200 days after the date on which the Secretary 
of Defense initiates an investigation under paragraph (1) with respect 
to an article, the Secretary of Defense shall submit to the President a 
report on the findings of such investigation with respect to the effect 
of the importation of such article in such quantities or under such 
circumstances on the national security of the United States.
    ``(B) If the report described in subparagraph (A) includes an 
affirmative finding that the importation of an article in such 
quantities or under such circumstances threatens to impair the national 
security, the President may direct the Secretary of Commerce to devise 
recommendations to address such threat.
    ``(C) Not later than 100 days after receiving from the President 
under subparagraph (B) a direction to devise recommendations with 
respect to an article, the Secretary of Commerce shall submit to the 
Committee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate a report that includes--
            ``(i) recommendations for action or inaction under this 
        section with respect to the article; and
            ``(ii) the findings of the Secretary of Commerce with 
        respect to the investigation by the Secretary of Defense under 
        paragraph (1).''; and
                            (iii) in subparagraph (D), as so 
                        redesignated by subparagraph (C)--
                                    (I) by striking ``Secretary'' and 
                                inserting ``Secretary of Defense''; and
                                    (II) by inserting ``or the report 
                                submitted by the Secretary of Commerce 
                                under subparagraph (C)'' after 
                                ``subparagraph (A)'';
                    (D) in paragraph (4), by inserting ``of Defense, in 
                consultation with the Secretary of Commerce,'' after 
                ``The Secretary''; and
                    (E) by adding at the end the following:
            ``(5) The Secretary shall submit the report described in 
        paragraph (3)(C) to the President if Congress enacts a joint 
        resolution, the matter after the resolving clause of which is 
        as follows: `That the Congress approves the report by the 
        Commission under section 232 of the Trade Act of 1962 submitted 
        to the Congress on _____.', the blank space being filled with 
        the appropriate date. The provisions of section 152 of the 
        Trade Act of 1974 shall apply with respect to the consideration 
        of such joint resolution.'';
            (2) in subsection (c)(1), by striking subparagraph (A) and 
        inserting the following:
    ``(A) Not later than 60 days after receiving recommendations 
submitted under subsection (b)(5) with respect to an article, the 
President shall--
            ``(i) decide whether to take action based on such 
        recommendations; and
            ``(ii) if the President decides to take action under clause 
        (i), determine the nature and duration of the action to be 
        taken to adjust the imports of the article and its derivatives 
        so that such imports will not threaten to impair the national 
        security.'';
            (3) in subsection (d)--
                    (A) by striking ``the Secretary and the President'' 
                each place it appears and inserting ``the Secretary of 
                Defense, the Secretary of Commerce, and the 
                President''; and
                    (B) by inserting ``, the production of which is 
                needed for national defense requirements and critical 
                infrastructure in the United States'' after ``welfare 
                of individual domestic industries'';
            (4) by redesignating the second subsection (d) as 
        subsection (e); and
            (5) in subsection (e)(1), as so redesignated by paragraph 
        (3), by striking ``Secretary'' and inserting ``Secretary of 
        Defense''.
    (b) Effective Date.--
            (1) Suspension of enforcement of prior ongoing actions.--No 
        action taken pursuant to such section 232 (as in effect before 
        the date of the enactment of this Act) during the 2-year period 
        ending on the day before the date of the enactment of this Act 
        may be enforced until the date of the enactment of a joint 
        resolution of approval described in paragraph (2).
            (2) Procedures to enforce prior ongoing actions.--A joint 
        resolution described in this paragraph is a resolution the 
        matter after the resolving clause of which is as follows: 
        ``That the Congress approves the action relating to ____ under 
        section 232 of the Trade Act of 1962 as in effect on _____.'', 
        the blank spaces being filled with, respectively, a description 
        of the action to be approved and the appropriate date. The 
        provisions of section 152 of the Trade Act of 1974 shall apply 
        with respect to the consideration of such joint resolution.
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