Promoting Responsible and Free Trade Act
This bill allows for congressional disapproval of certain trade actions, including actions by the Office of the U.S. Trade Representative. Congressional approval is required for a trade adjustment for national security reasons.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6923 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 6923
To require congressional approval of certain trade remedies, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 26, 2018
Mr. Sanford (for himself and Mr. Cooper) 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''.
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.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Trade.
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