Promoting Responsible and Free Trade Act of 2019

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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Promoting Responsible 4 and Free Trade Act of 2019’’. 5 SEC. 2. APPROVAL FOR REMEDY ACTIONS BY THE UNITED 6 STATES TRADE REPRESENTATIVE. 7 Section 301 of the Trade Act of 1974 (19 U.S.C. 8 2411) is amended as follows: 9 VerDate Sep 11 2014 22:00 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3673.IH H3673 kjohnson on DSK79L0C42 with BILLS 2 •HR 3673 IH (1) MANDATORY ACTION.—In the matter fol- 1 lowing subsection (a)(1)(B)(ii), by striking ‘‘shall 2 take action authorized in subsection (c)’’ and insert- 3 ing ‘‘shall propose, in accordance with subsection 4 (d), action authorized under subsection (c)’’. 5 (2) DISCRETIONARY ACTION.—In subsection 6 (b)(2), by striking ‘‘shall take all appropriate and 7 feasible action authorized under subsection (c)’’ and 8 inserting ‘‘shall propose, in accordance with sub- 9 section (d), appropriate and feasible action author- 10 ized under subsection (c)’’. 11 (3) CONGRESSIONAL DISAPPROVAL PROCE- 12 DURES.—By redesignating subsection (d) as sub- 13 section (e) and inserting after subsection (c) the fol- 14 lowing: 15 ‘‘(d) CONGRESSIONAL DISAPPROVAL PROCE- 16 DURES.— 17 ‘‘(1) IN GENERAL.—The Trade Representative 18 shall submit to the Committee on Ways and Means 19 of the House of Representatives and to the Com- 20 mittee on Finance of the Senate a report describing 21 and justifying a determination pursuant to sub- 22 section (a) or (b) of this section and specifying the 23 proposed action authorized under subsection (c). The 24 Trade Representative shall also include in such re- 25 VerDate Sep 11 2014 22:00 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3673.IH H3673 kjohnson on DSK79L0C42 with BILLS 3 •HR 3673 IH port, as appropriate, any specific direction of the 1 President relating to such proposed action and any 2 other action within the power of the President that 3 the President, as provided for in subsection (a), may 4 have directed the Trade Representative to take with 5 respect to such determination. 6 ‘‘(2) ENTRY INTO FORCE.— 7 ‘‘(A) JOINT RESOLUTION OF DIS- 8 APPROVAL.—An action proposed in accordance 9 with paragraph (1) shall take effect on the date 10 that is 60 days after the date of the submission 11 of the report required by paragraph (1) unless, 12 within such 60 day window, Congress enacts a 13 joint resolution, the matter after the resolving 14 clause of which is as follows: ‘That the Con- 15 gress does not approve the action proposed by 16 the Trade Representative under section 301 of 17 the Trade Act of 1974 submitted to the Con- 18 gress on lllll.’, the blank space being 19 filled with the appropriate date. 20 ‘‘(B) PROCEDURES APPLIED.—The provi- 21 sions of section 152 shall apply to resolutions 22 described in subsection (a).’’. 23 VerDate Sep 11 2014 22:00 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3673.IH H3673 kjohnson on DSK79L0C42 with BILLS 4 •HR 3673 IH SEC. 3. APPROVAL FOR REMEDY ACTION RELATING TO 1 POSITIVE ADJUSTMENTS TO IMPORT COM- 2 PETITION. 3 Section 202 of the Trade Act of 1974 (19 U.S.C. 4 2252) is amended as follows: 5 (1) INITIAL SUBMISSION TO CONGRESS.—In 6 subsection (f)— 7 (A) in paragraph (1), by striking ‘‘shall 8 submit to the President’’ and inserting ‘‘shall 9 submit to the Committee on Ways and Means 10 of the House of Representatives and the Com- 11 mittee on Finance of the Senate’’; and 12 (B) in paragraph (3), by striking ‘‘submit- 13 ting a report to the President’’ and inserting 14 ‘‘submitting a report to the Committees’’. 15 (2) CONFORMING AMENDMENTS.—In the mat- 16 ter following subsection (c)(2)(B), by striking ‘‘to 17 the President under subsection (e)’’ and inserting 18 ‘‘under subsection (f)’’. 19 (3) CONGRESSIONAL DISAPPROVAL PROCE- 20 DURES.—By adding at the end the following: 21 ‘‘(j) ENTRY INTO FORCE.— 22 ‘‘(1) JOINT RESOLUTION OF DISAPPROVAL.— 23 On the date that is 60 days after the date of the 24 submission of a report under subsection (f), the 25 Commission shall submit such report to the Presi- 26 VerDate Sep 11 2014 22:00 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3673.IH H3673 kjohnson on DSK79L0C42 with BILLS 5 •HR 3673 IH dent unless, within such 60 day window, Congress 1 enacts a joint resolution, the matter after the resolv- 2 ing clause of which is as follows: ‘That the Congress 3 does not approve the report by the Commission 4 under section 202(f) of the Trade Act of 1974 sub- 5 mitted to the Congress on lllll.’, the blank 6 space being filled with the appropriate date. 7 ‘‘(2) PROCEDURES APPLIED.—The provisions of 8 section 152 shall apply to resolutions described in 9 subsection (a).’’. 10 SEC. 4. APPROVAL FOR ACTION SAFEGUARDING NATIONAL 11 SECURITY. 12 (a) IN GENERAL.—Section 232 of the Trade Expan- 13 sion Act of 1962 (19 U.S.C. 1862) is amended— 14 (1) in subsection (b)— 15 (A) in paragraph (1)— 16 (i) in subparagraph (A), by striking 17 ‘‘Secretary of Commerce’’ and all that fol- 18 lows through ‘‘) shall’’ and inserting ‘‘the 19 Secretary of Defense shall’’; and 20 (ii) in subparagraph (B)— 21 (I) by striking ‘‘Secretary shall’’ 22 and inserting ‘‘Secretary of Defense 23 shall’’; and 24 VerDate Sep 11 2014 22:00 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3673.IH H3673 kjohnson on DSK79L0C42 with BILLS 6 •HR 3673 IH (II) by striking ‘‘Secretary of De- 1 fense of’’ and inserting ‘‘Secretary of 2 Commerce of’’; 3 (B) in paragraph (2)— 4 (i) by striking subparagraph (B); 5 (ii) in subparagraph (A)— 6 (I) in the matter preceding clause 7 (i)— 8 (aa) by striking ‘‘(A) In’’ 9 and inserting ‘‘In’’; and 10 (bb) by striking ‘‘Secretary’’ 11 and inserting ‘‘Secretary of De- 12 fense’’; and 13 (II) by striking clauses (i) 14 through (iii) and inserting the fol- 15 lowing: 16 ‘‘(A) consult with the Secretary of Commerce 17 regarding the methodological and policy questions 18 raised in any investigation initiated under paragraph 19 (1); 20 ‘‘(B) prepare an assessment of the defense re- 21 quirements and national security impact of any arti- 22 cle that is the subject of an investigation, which 23 shall focus on— 24 VerDate Sep 11 2014 22:00 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3673.IH H3673 kjohnson on DSK79L0C42 with BILLS 7 •HR 3673 IH ‘‘(i) the impact of the importation of the 1 article on military readiness and critical infra- 2 structure; and 3 ‘‘(ii) the need for a reliable supply of the 4 article to protect national security; 5 ‘‘(C) seek information and advice from the Sec- 6 retary of Commerce; 7 ‘‘(D) consult with appropriate officers of the 8 United States; 9 ‘‘(E) consult with members of the Committee 10 on Finance of the Senate and members of the Com- 11 mittee on Ways and Means of the House of Rep- 12 resentatives; and 13 ‘‘(F) hold public hearings, co-chaired with the 14 Department of Commerce, or otherwise afford inter- 15 ested parties an opportunity to present information 16 and advice relevant to such investigation.’’; 17 (C) in paragraph (3)— 18 (i) by redesignating subparagraph (B) 19 as subparagraph (D); 20 (ii) by striking subparagraph (A) and 21 inserting the following: 22 ‘‘(A) Not later than 200 days after the date on which 23 the Secretary of Defense initiates an investigation under 24 paragraph (1) with respect to an article, the Secretary of 25 VerDate Sep 11 2014 22:00 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3673.IH H3673 kjohnson on DSK79L0C42 with BILLS 8 •HR 3673 IH Defense shall submit to the President a report on the find- 1 ings of such investigation with respect to the effect of the 2 importation of such article in such quantities or under 3 such circumstances on the national security of the United 4 States. 5 ‘‘(B) If the report described in subparagraph (A) in- 6 cludes an affirmative finding that the importation of an 7 article in such quantities or under such circumstances 8 threatens to impair the national security, the President 9 may direct the Secretary of Commerce to devise rec- 10 ommendations to address such threat. 11 ‘‘(C) Not later than 100 days after receiving from 12 the President under subparagraph (B) a direction to de- 13 vise recommendations with respect to an article, the Sec- 14 retary of Commerce shall submit to the Committee on 15 Ways and Means of the House of Representatives and the 16 Committee on Finance of the Senate a report that in- 17 cludes— 18 ‘‘(i) recommendations for action or inaction 19 under this section with respect to the article; and 20 ‘‘(ii) the findings of the Secretary of Commerce 21 with respect to the investigation by the Secretary of 22 Defense under paragraph (1).’’; and 23 (iii) in subparagraph (D), as so redes- 24 ignated by subparagraph (C)— 25 VerDate Sep 11 2014 22:00 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3673.IH H3673 kjohnson on DSK79L0C42 with BILLS 9 •HR 3673 IH (I) by striking ‘‘Secretary’’ and 1 inserting ‘‘Secretary of Defense’’; and 2 (II) by inserting ‘‘or the report 3 submitted by the Secretary of Com- 4 merce under subparagraph (C)’’ after 5 ‘‘subparagraph (A)’’; 6 (D) in paragraph (4), by inserting ‘‘of De- 7 fense, in consultation with the Secretary of 8 Commerce,’’ after ‘‘The Secretary’’; and 9 (E) by adding at the end the following: 10 ‘‘(5) The Secretary shall submit the report de- 11 scribed in paragraph (3)(C) to the President if Con- 12 gress enacts a joint resolution, the matter after the 13 resolving clause of which is as follows: ‘That the 14 Congress approves the report by the Commission 15 under section 232 of the Trade Act of 1962 sub- 16 mitted to the Congress on lllll.’, the blank 17 space being filled with the appropriate date. The 18 provisions of section 152 of the Trade Act of 1974 19 shall apply with respect to the consideration of such 20 joint resolution.’’; 21 (2) in subsection (c)(1), by striking subpara- 22 graph (A) and inserting the following: 23 VerDate Sep 11 2014 22:00 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3673.IH H3673 kjohnson on DSK79L0C42 with BILLS 10 •HR 3673 IH ‘‘(A) Not later than 60 days after receiving rec- 1 ommendations submitted under subsection (b)(5) with re- 2 spect to an article, the President shall— 3 ‘‘(i) decide whether to take action based on 4 such recommendations; and 5 ‘‘(ii) if the President decides to take action 6 under clause (i), determine the nature and duration 7 of the action to be taken to adjust the imports of the 8 article and its derivatives so that such imports will 9 not threaten to impair the national security.’’; 10 (3) in subsection (d)— 11 (A) by striking ‘‘the Secretary and the 12 President’’ each place it appears and inserting 13 ‘‘the Secretary of Defense, the Secretary of 14 Commerce, and the President’’; and 15 (B) by inserting ‘‘, the production of which 16 is needed for national defense requirements and 17 critical infrastructure in the United States’’ 18 after ‘‘welfare of individual domestic indus- 19 tries’’; 20 (4) by redesignating the second subsection (d) 21 as subsection (e); and 22 (5) in subsection (e)(1), as so redesignated by 23 paragraph (3), by striking ‘‘Secretary’’ and inserting 24 ‘‘Secretary of Defense’’. 25 VerDate Sep 11 2014 22:00 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3673.IH H3673 kjohnson on DSK79L0C42 with BILLS 11 •HR 3673 IH (b) EFFECTIVE DATE.— 1 (1) SUSPENSION OF ENFORCEMENT OF PRIOR 2 ONGOING ACTIONS.—No action taken pursuant to 3 such section 232 (as in effect before the date of the 4 enactment of this Act) during the 2-year period end- 5 ing on the day before the date of the enactment of 6 this Act may be enforced until the date of the enact- 7 ment of a joint resolution of approval described in 8 paragraph (2). 9 (2) PROCEDURES TO ENFORCE PRIOR ONGOING 10 ACTIONS.—A joint resolution described in this para- 11 graph is a resolution the matter after the resolving 12 clause of which is as follows: ‘‘That the Congress ap- 13 proves the action relating to llll under section 14 232 of the Trade Act of 1962 as in effect on 15 lllll.’’, the blank spaces being filled with, re- 16 spectively, a description of the action to be approved 17 and the appropriate date. The provisions of section 18 152 of the Trade Act of 1974 shall apply with re- 19 spect to the consideration of such joint resolution. 20 Æ VerDate Sep 11 2014 22:00 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H3673.IH H3673 kjohnson on DSK79L0C42 with BILLS