[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 899 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 899

   To limit the authority of the President to modify duty rates for 
  national security reasons and to limit the authority of the United 
    States Trade Representative to impose certain duties or import 
                 restrictions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 27, 2019

 Mr. Kaine (for himself and Mr. Carper) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To limit the authority of the President to modify duty rates for 
  national security reasons and to limit the authority of the United 
    States Trade Representative to impose certain duties or import 
                 restrictions, 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 ``Reclaiming Congressional Trade 
Authority Act of 2019''.

SEC. 2. LIMITATION ON AUTHORITY OF PRESIDENT TO MODIFY DUTY RATES FOR 
              NATIONAL SECURITY REASONS.

    (a) Authority To Modify Duty Rates for National Security Reasons.--
Notwithstanding any other provision of law and except as provided in 
subsection (c), the President may proclaim a new or additional national 
security duty on an article imported into the United States only if--
            (1) the President, not later than 30 calendar days after 
        making the national security determination that is the basis 
        for the new or additional duty, submits to the International 
        Trade Commission the duty proposal, including--
                    (A) a description of each article for which the 
                President recommends a new or additional duty;
                    (B) the proposed new or additional duty rate; and
                    (C) the proposed duration of that rate;
            (2) the President, not later than 15 calendar days after 
        submitting the duty proposal under paragraph (1), submits to 
        Congress a request for authorization to modify duty rates in 
        accordance with that duty proposal, including--
                    (A) a report by the Secretary of Defense explaining 
                why the proposal is in the interest of national 
                security; and
                    (B) a report by the International Trade Commission 
                assessing the likely impact of the proposal on the 
                economy of the United States as a whole and specific 
                industry sectors;
            (3) the President consults with the Committee on Finance 
        and the Committee on Armed Services of the Senate and the 
        Committee on Ways and Means and the Committee on Armed Services 
        of the House of Representatives regarding the duty proposal 
        under paragraph (1), including--
                    (A) the short-term and long-term goals of the 
                proposal;
                    (B) an action plan to achieve those goals; and
                    (C) plans to consult with officials of countries 
                impacted by the proposal to resolve any issues relating 
                to the proposal; and
            (4) a joint resolution of approval under subsection (b) is 
        enacted.
    (b) Joint Resolution of Approval.--
            (1) Joint resolution of approval defined.--In this 
        subsection, the term ``joint resolution of approval'' means a 
        joint resolution the sole matter after the resolving clause of 
        which is as follows: ``That Congress authorizes the President 
        to proclaim duty rates as set forth in the request of the 
        President on ___________'', with the blank space being filled 
        with the date of the request submitted under subsection (a)(2).
            (2) Introduction.--A joint resolution of approval may be 
        introduced in either House of Congress by any Member during the 
        15-legislative day period beginning on the date on which the 
        President submits to Congress the material set forth in 
        subsection (a)(2).
            (3) Expedited procedures.--The provisions of subsections 
        (b) through (f) of section 152 of the Trade Act of 1974 (19 
        U.S.C. 2192) apply to a joint resolution of approval to the 
        same extent that such subsections apply to joint resolutions 
        under such section 152.
            (4) Rules of house of representatives and senate.--This 
        subsection is enacted by Congress--
                    (A) as an exercise of the rulemaking power of the 
                Senate and the House of Representatives, respectively, 
                and as such is deemed a part of the rules of each 
                House, respectively, but applicable only with respect 
                to the procedure to be followed in that House in the 
                case of a joint resolution of approval, and supersedes 
                other rules only to the extent that it is inconsistent 
                with such rules; and
                    (B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                relating to the procedure of that House) at any time, 
                in the same manner, and to the same extent as in the 
                case of any other rule of that House.
    (c) Exception for Urgent Action.--Notwithstanding the requirements 
of subsection (a), the President may proclaim a new or additional 
national security duty for one period of 120 calendar days if the 
President determines that urgent action is necessary--
            (1) to address a national emergency;
            (2) for the prevention or mitigation of, or to respond to, 
        loss of life or property;
            (3) to address an imminent threat to health or safety;
            (4) for the enforcement of criminal laws; or
            (5) for national security.
    (d) National Security Duty Defined.--In this section, the term 
``national security duty'' means the following:
            (1) A duty proclaimed pursuant to--
                    (A) section 232 of the Trade Expansion Act of 1962 
                (19 U.S.C. 1862);
                    (B) the Trading with the Enemy Act (50 U.S.C. 4301 
                et seq.); or
                    (C) the International Emergency Economic Powers Act 
                (50 U.S.C. 1701 et seq.).
            (2) A duty proclaimed pursuant to any other provision of 
        law if in reports or other public statements regarding the duty 
        the President or another cabinet-level official identifies 
        national security as a significant reason for proclaiming the 
        duty.

SEC. 3. CONDITIONS ON USE OF AUTHORITY BY UNITED STATES TRADE 
              REPRESENTATIVE TO IMPOSE DUTIES OR OTHER IMPORT 
              RESTRICTIONS.

    (a) In General.--Section 301(c) of the Trade Act of 1974 (19 U.S.C. 
2411(c)) is amended by adding at the end the following:
            ``(7)(A) The Trade Representative may take action pursuant 
        to paragraph (1)(B) only if--
                    ``(i) the Trade Representative submits to the 
                International Trade Commission a proposal for duties or 
                other import restrictions under that paragraph, 
                including--
                            ``(I) a description of each article covered 
                        by that proposal;
                            ``(II) the proposed new or additional duty 
                        rate; and
                            ``(III) the proposed duration of that rate;
                    ``(ii) the Trade Representative submits to Congress 
                a notification of intent to impose duties or import 
                restrictions under that paragraph, including--
                            ``(I) the proposal submitted under clause 
                        (i); and
                            ``(II) a report by the International Trade 
                        Commission assessing the likely impact of the 
                        proposal on the economy of the United States as 
                        a whole and specific industry sectors;
                    ``(iii) after submitting the notification under 
                clause (ii), the Trade Representative consults with the 
                Committee on Finance of the Senate and the Committee on 
                Ways and Means of the House of Representatives and, if 
                the proposal affects agricultural products, the 
                Committee on Agriculture, Nutrition, and Forestry of 
                the Senate and the Committee on Agriculture of the 
                House of Representatives;
                    ``(iv) a period of 60 calendar days, beginning on 
                the date on which the Trade Representative has 
                completed consultations under clause (iii), has passed; 
                and
                    ``(v) no disapproval resolution under subparagraph 
                (B) is passed during the period described in clause 
                (iv).
            ``(B)(i) In this subparagraph, the term `disapproval 
        resolution' means a joint resolution the sole matter after the 
        resolving clause of which is as follows: `That implementation 
        of the proposal by the Trade Representative to impose duties or 
        other import restrictions submitted to Congress on 
        ________________ is not in the interest of the United States.', 
        with the blank space being filled with the date on which the 
        Trade Representative submitted to Congress the material 
        described in subsection (A)(ii).
            ``(ii) Paragraph (2) of section 106(b) of the Bipartisan 
        Congressional Trade Priorities and Accountability Act of 2015 
        (19 U.S.C. 4205(b)) applies to a disapproval resolution under 
        this subparagraph to the same extent that such paragraph 
        applies to a procedural disapproval resolution under such 
        section 106(b).''.
    (b) Conforming Amendment.--Paragraph (1)(B) of such section is 
amended by inserting ``subject to paragraph (7),'' before ``impose 
duties''.
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