I 

116TH CONGRESS 

1ST SESSION H. R. 1008 

To amend section 232 of the Trade Expansion Act of 1962 to require 

the Secretary of Defense to initiate investigations and to provide for 

congressional disapproval of certain actions, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 6, 2019 

Mr. KIND (for himself, Mrs. WALORSKI, Ms. SEWELL of Alabama, and Mr. 

LAHOOD) 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 amend section 232 of the Trade Expansion Act of 1962 

to require the Secretary of Defense to initiate investigations and to provide for congressional disapproval of 

certain actions, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Trade Security Act 

5 of 2019’’. 


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1 SEC. 2. INVESTIGATIONS TO DETERMINE EFFECTS ON NA2 TIONAL SECURITY OF IMPORTS OF ARTICLES 

3 AND CONGRESSIONAL REVIEW OF PRESI4 DENTIAL ACTIONS. 

5 (a) INVESTIGATIONS AND DETERMINATIONS BY SEC6 RETARY OF DEFENSE.—Section 232 of the Trade Expan7 sion Act of 1962 (19 U.S.C. 1862) is amended— 

8 (1) in subsection (b)— 

9 (A) in paragraph (1)— 

10 (i) in subparagraph (A), by striking 

11 ‘‘Secretary of Commerce’’ and all that fol12 lows through ‘‘ ‘Secretary’)’’ and inserting 

13 ‘‘Secretary of Defense’’; and 

14 (ii) in subparagraph (B)— 

15 (I) by striking ‘‘Secretary shall’’ 

16 and inserting ‘‘Secretary of Defense 

17 shall’’; and 

18 (II) by striking ‘‘Secretary of De19 fense of’’ and inserting ‘‘Secretary of 

20 Commerce of’’; 

21 (B) in paragraph (2)— 

22 (i) by striking subparagraph (B); 

23 (ii) in the matter preceding clause 

24 (i)— 

25 (I) by striking ‘‘(A) In’’ and in26 serting ‘‘In’’; and 


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1 (II) by striking ‘‘Secretary’’ and 

2 inserting ‘‘Secretary of Defense’’; and 

3 (iii) by striking clauses (i) through 

4 (iii) and inserting the following: 

5 ‘‘(A) consult with the Secretary of Commerce 

6 regarding the methodological and policy questions 

7 raised in any investigation initiated under paragraph 

8 (1); 

9 ‘‘(B) prepare an assessment of the defense re10 quirements and national security impact of any arti11 cle that is the subject of an investigation, which 

12 shall focus on— 

13 ‘‘(i) the impact of the importation of the 

14 article on military readiness and critical infra15 structure; and 

16 ‘‘(ii) the need for a reliable supply of the 

17 article to protect national security; 

18 ‘‘(C) seek information and advice from the Sec19 retary of Commerce; 

20 ‘‘(D) consult with appropriate officers of the 

21 United States; 

22 ‘‘(E) consult with members of the Committee 

23 on Finance of the Senate and members of the Com24 mittee on Ways and Means of the House of Rep25 resentatives; and 


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1 ‘‘(F) hold public hearings, co-chaired with the 

2 Department of Commerce, or otherwise afford inter3 ested parties an opportunity to present information 

4 and advice relevant to such investigation.’’; 

5 (C) in paragraph (3)— 

6 (i) by redesignating subparagraph (B) 

7 as subparagraph (D); 

8 (ii) by striking subparagraph (A) and 

9 inserting the following: 

10 ‘‘(A) Not later than 200 days after the date on which 

11 the Secretary of Defense initiates an investigation under 

12 paragraph (1) with respect to an article, the Secretary of 

13 Defense shall submit to the President a report on the find14 ings of such investigation with respect to the effect of the 

15 importation of such article in such quantities or under 

16 such circumstances on the national security of the United 

17 States. 

18 ‘‘(B) If the report described in subparagraph (A) in19 cludes an affirmative finding that the importation of an 

20 article in such quantities or under such circumstances 

21 threatens to impair the national security, the President 

22 may direct the Secretary of Commerce to devise rec23 ommendations to address such threat. 

24 ‘‘(C) Not later than 100 days after receiving from 

25 the President under subparagraph (B) a direction to deVerDate Sep 11 2014 01:31 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1008.IH H1008

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1 vise recommendations with respect to an article, the Sec2 retary of Commerce, in consultation with the United 

3 States Trade Representative, the Secretary of Defense, 

4 members of the Committee on Finance of the Senate, and 

5 members of the Committee on Ways and Means of the 

6 House of Representatives, shall submit to the President 

7 a report that includes— 

8 ‘‘(i) recommendations for action or inaction 

9 under this section with respect to the article; and 

10 ‘‘(ii) the findings of the Secretary of Commerce 

11 with respect to the investigation by the Secretary of 

12 Defense under paragraph (1).’’; and 

13 (iii) in subparagraph (D), as redesig14 nated by clause (i) of this subparagraph— 

15 (I) by striking ‘‘Secretary’’ and 

16 inserting ‘‘Secretary of Defense’’; and 

17 (II) by inserting ‘‘or the report 

18 submitted by the Secretary of Com19 merce under subparagraph (C)’’ after 

20 ‘‘subparagraph (A)’’; and 

21 (D) in paragraph (4), by inserting ‘‘of De22 fense, in consultation with the Secretary of 

23 Commerce,’’ after ‘‘The Secretary’’; 

24 (2) in subsection (c)(1), by striking subpara25 graph (A) and inserting the following: 


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1 ‘‘(A) Not later than 60 days after receiving rec2 ommendations submitted under subsection (b)(3)(C)(i) 

3 with respect to an article, the President shall— 

4 ‘‘(i) decide whether to take action based on 

5 such recommendations; and 

6 ‘‘(ii) if the President decides to take action 

7 under clause (i), determine the nature and duration 

8 of the action to be taken to adjust the imports of the 

9 article and its derivatives so that such imports will 

10 not threaten to impair the national security.’’; 

11 (3) by redesignating the second subsection (d) 

12 as subsection (e); 

13 (4) in subsection (d)— 

14 (A) by striking ‘‘the Secretary and the 

15 President’’ each place it appears and inserting 

16 ‘‘the Secretary of Defense, the Secretary of 

17 Commerce, and the President’’; and 

18 (B) by inserting ‘‘, the production of which 

19 is needed for national defense requirements and 

20 critical infrastructure in the United States’’ 

21 after ‘‘welfare of individual domestic indus22 tries’’; and 

23 (5) in paragraph (1) of subsection (e), as redes24 ignated by paragraph (3) of this subsection, by 


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1 striking ‘‘Secretary’’ and inserting ‘‘Secretary of De2 fense’’. 

3 (b) CONGRESSIONAL DISAPPROVAL OF PRESI4 DENTIAL ACTION.—Section 232(f) of the Trade Expan5 sion Act of 1962 (19 U.S.C. 1862(f)) is amended— 

6 (1) in paragraph (1), by striking ‘‘of petroleum 

7 or petroleum products’’; and 

8 (2) in paragraph (2)(B)— 

9 (A) by striking ‘‘petroleum imports’’ and 

10 inserting ‘‘imports’’; and 

11 (B) by striking ‘‘of petroleum or petroleum 

12 products’’. 

13 (c) APPLICABILITY.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), subsection (f) of section 232 of the Trade 

16 Expansion Act of 1962 (19 U.S.C. 1862), as amend17 ed by subsection (b), shall apply to adjustments of 

18 imports under that section on or after July 1, 2018. 

19 (2) EXCEPTION.—Subsection (f) of section 232 

20 of the Trade Expansion Act of 1962 (19 U.S.C. 

21 1862), as amended by subsection (b), shall not apply 

22 to the presidential actions taken under that section 

23 on March 8, 2018, relating to the adjustment of im24 ports of steel and aluminum, or any subsequent ac25 tions (including proclamations, Executive orders, or 


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1 other Executive acts) relating to those presidential 

2 actions. 

Æ 


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