S 899 — Reclaiming Congressional Trade Authority Act of 2019

Summary

Reclaiming Congressional Trade Authority Act of 2019 This bill requires the President, when modifying duty rates for national security reasons, to obtain congressional approval through a joint resolution for these modifications. The bill also gives Congress the authority to disapprove through a joint resolution certain duties or other import restrictions imposed by the U.S. Trade Representative.

Bill Text

• Introduced Introduced in Senate Current html March 27, 2019

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill limits the President's authority to modify duty rates for national security reasons and adds requirements for Congressional approval, while also imposing conditions on the Trade Representative's ability to impose duties or import restrictions.

• 19 U.S.C. 1862

  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.

  This adds specific procedural requirements for the President to impose national security duties.

• 19 U.S.C. 2192

  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.

  This ensures expedited procedures for the joint resolution of approval for national security duties are consistent with existing law on similar resolutions.

• 19 U.S.C. 2411

  `(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).`

  This establishes new conditions and reporting requirements for the Trade Representative when imposing duties or restrictions.

Action History

1. March 27, 2019

   Introduced in Senate

2. March 27, 2019

   Read twice and referred to the Committee on Finance.

Sponsors

• Tim Kaine · Primary

Subjects