I 
115TH CONGRESS 
2D SESSION 
H. R. 6337 
To amend the Trade Expansion Act of 1962 to require Congressional approval 
before the President adjusts imports that are determined to threaten 
to impair national security. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 11, 2018 
Mr. GALLAGHER (for himself, Mr. KIND, Mr. PANETTA, Mr. SANFORD, Mr. 
COSTELLO of Pennsylvania, Mr. LANCE, Mr. COFFMAN, Ms. SINEMA, Mr. 
COOPER, Mr. LARSEN of Washington, Mr. BEYER, and Mr. CURTIS) in-
troduced 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 consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To amend the Trade Expansion Act of 1962 to require 
Congressional approval before the President adjusts im-
ports that are determined to threaten to impair national 
security. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. CONGRESSIONAL APPROVAL BEFORE ADJUST-
MENT BY PRESIDENT OF IMPORTS DETER-
MINED TO THREATEN TO IMPAIR NATIONAL 
SECURITY. 
(a) IN GENERAL.—Section 232 of the Trade Expan-
sion Act of 1962 (19 U.S.C. 1862) is amended— 
(1) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking subparagraph (B); 
(ii) in the matter preceding clause (i), 
by striking ‘‘(A) Within’’ and inserting 
‘‘Within’’; 
(iii) by redesignating clauses (i) and 
(ii) as subparagraphs (A) and (B), respec-
tively; and 
(iv) in subparagraph (B), as redesig-
nated by clause (iii)— 
(I) by striking ‘‘determine’’ and 
inserting ‘‘submit to Congress, not 
later than 15 days after making that 
determination, a proposal regarding’’; 
and 
(II) by striking ‘‘must’’ and in-
serting ‘‘should’’; and 
(B) by striking paragraphs (2) and (3) and 
inserting the following: 
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‘‘(2) The President shall submit to Congress for re-
view under subsection (f) a report describing the action 
proposed to be taken under paragraph (1) and specifying 
the reasons for such proposal. Such report shall be in-
cluded in the report published under subsection (e).’’; 
(2) by redesignating the second subsection (d) 
as subsection (e); and 
(3) by striking subsection (f) and inserting the 
following: 
‘‘(f) CONGRESSIONAL APPROVAL OF PRESIDENTIAL 
ADJUSTMENT OF IMPORTS; JOINT RESOLUTION OF AP-
PROVAL.— 
‘‘(1) IN GENERAL.—An action to adjust imports 
proposed by the President and submitted to Con-
gress under subsection (c)(2) shall have force and 
effect only upon the enactment of a joint resolution 
of approval, provided for in paragraph (3), relating 
to that action. 
‘‘(2) PERIOD FOR REVIEW BY CONGRESS.—The 
period for congressional review of a report required 
to be submitted under subsection (c)(2) shall be 60 
calendar days. 
‘‘(3) JOINT RESOLUTIONS OF APPROVAL.— 
‘‘(A) JOINT
RESOLUTION
OF
APPROVAL 
DEFINED.—In this subsection, the term ‘joint 
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resolution of approval’ means only a joint reso-
lution of either House of Congress— 
‘‘(i) the title of which is as follows: ‘A 
joint resolution approving the proposal of 
the President to take an action relating to 
the adjustment of imports entering into 
the United States in such quantities or 
under such circumstances as to threaten or 
impair the national security.’; and 
‘‘(ii) the sole matter after the resolv-
ing clause of which is the following: ‘Con-
gress approves of the recommendation of 
the President to Congress relating to the 
adjustment of imports to protect the na-
tional security as proposed by the Presi-
dent in the report submitted to Congress 
under section 232(c)(2) of the Trade Ex-
pansion 
Act 
of 
1962 
(19 
U.S.C. 
1862(c)(2)) on lllll relating to 
lllll.’, with the first blank space 
being filled with the appropriate date and 
the second blank space being filled with a 
short description of the proposed action. 
‘‘(B) INTRODUCTION.—During the period 
of 60 calendar days provided for under para-
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graph (2), a joint resolution of approval may be 
introduced and shall be referred to the appro-
priate committee. 
‘‘(C) FLOOR CONSIDERATION IN HOUSE OF 
REPRESENTATIVES.—If a committee of the 
House of Representatives to which a joint reso-
lution of approval has been referred has not re-
ported the joint resolution within 10 calendar 
days after the date of referral, that committee 
shall be discharged from further consideration 
of the joint resolution. 
‘‘(D) CONSIDERATION IN THE SENATE.— 
‘‘(i) COMMITTEE REFERRAL.—A joint 
resolution of approval introduced in the 
Senate shall be referred to the Committee 
on Finance. 
‘‘(ii) REPORTING AND DISCHARGE.— 
If the committee to which a joint resolu-
tion of approval was referred has not re-
ported the joint resolution within 10 cal-
endar days after the date of referral of the 
joint resolution, that committee shall be 
discharged from further consideration of 
the joint resolution and the joint resolution 
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shall be placed on the appropriate cal-
endar. 
‘‘(iii) PROCEEDING
TO
CONSIDER-
ATION.—Notwithstanding Rule XXII of 
the Standing Rules of the Senate, it is in 
order at any time after the Committee on 
Finance reports a joint resolution of ap-
proval or has been discharged from consid-
eration of such a joint resolution to move 
to proceed to the consideration of the joint 
resolution. The motion to proceed is not 
debatable. The motion is not subject to a 
motion to postpone. A motion to reconsider 
the vote by which the motion is agreed to 
or disagreed to shall not be in order. 
‘‘(iv) RULINGS
OF
THE
CHAIR
ON 
PROCEDURE.—Appeals from the decisions 
of the Chair relating to the application of 
the rules of the Senate, as the case may 
be, to the procedure relating to a joint res-
olution of approval shall be decided by the 
Senate without debate. 
‘‘(E) RULES RELATING TO SENATE AND 
HOUSE OF REPRESENTATIVES.— 
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‘‘(i) TREATMENT
OF
SENATE
JOINT 
RESOLUTION IN HOUSE.—In the House of 
Representatives, the following procedures 
shall apply to a joint resolution of approval 
received from the Senate (unless the House 
has already passed a joint resolution relat-
ing to the same proposed action): 
‘‘(I) The joint resolution shall be 
referred to the Committee on Ways 
and Means. 
‘‘(II) If the Committee on Ways 
and Means has not reported the joint 
resolution within 2 calendar days 
after the date of referral, that com-
mittee shall be discharged from fur-
ther consideration of the joint resolu-
tion. 
‘‘(III) Beginning on the third leg-
islative day after each committee to 
which a joint resolution has been re-
ferred reports the joint resolution to 
the House or has been discharged 
from further consideration thereof, it 
shall be in order to move to proceed 
to consider the joint resolution in the 
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House. All points of order against the 
motion are waived. Such a motion 
shall not be in order after the House 
has disposed of a motion to proceed 
on the joint resolution. The previous 
question shall be considered as or-
dered on the motion to its adoption 
without intervening motion. The mo-
tion shall not be debatable. A motion 
to reconsider the vote by which the 
motion is disposed of shall not be in 
order. 
‘‘(IV) The joint resolution shall 
be considered as read. All points of 
order against the joint resolution and 
against its consideration are waived. 
The previous question shall be consid-
ered as ordered on the joint resolution 
to final passage without intervening 
motion except 2 hours of debate 
equally divided and controlled by the 
sponsor of the joint resolution (or a 
designee) and an opponent. A motion 
to reconsider the vote on passage of 
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the joint resolution shall not be in 
order. 
‘‘(ii) TREATMENT
OF
HOUSE
JOINT 
RESOLUTION IN SENATE.— 
‘‘(I) If, before the passage by the 
Senate of a joint resolution of ap-
proval, the Senate receives an iden-
tical joint resolution from the House 
of Representatives, the following pro-
cedures shall apply: 
‘‘(aa) That joint resolution 
shall not be referred to a com-
mittee. 
‘‘(bb) With respect to that 
joint resolution— 
‘‘(AA) the procedure in 
the Senate shall be the same 
as if no joint resolution had 
been 
received 
from 
the 
House of Representatives; 
but 
‘‘(BB) the vote on pas-
sage shall be on the joint 
resolution from the House of 
Representatives. 
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‘‘(II) If, following passage of a 
joint resolution of approval in the 
Senate, the Senate receives an iden-
tical joint resolution from the House 
of Representatives, that joint resolu-
tion shall be placed on the appropriate 
Senate calendar. 
‘‘(III) If a joint resolution of ap-
proval is received from the House, 
and no companion joint resolution has 
been introduced in the Senate, the 
Senate procedures as described in 
subparagraph (D) shall apply to the 
House joint resolution. 
‘‘(F) RULES OF HOUSE OF REPRESENTA-
TIVES
AND
SENATE.—This paragraph is en-
acted by Congress— 
‘‘(i) as an exercise of the rulemaking 
power of the Senate and the House of Rep-
resentatives, respectively, and as such is 
deemed a part of the rules of each House, 
respectively, and supersedes other rules 
only to the extent that it is inconsistent 
with such rules; and 
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‘‘(ii) with full recognition of the con-
stitutional right of either House to change 
the rules (so far as relating to the proce-
dure 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.’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by 
subsection (a) shall apply to any proposed action 
covered by subsection (c) of section 232 of the Trade 
Expansion Act of 1962 (19 U.S.C. 1862), as so 
amended, on or after the date that is two years be-
fore the date of the enactment of this Act. 
(2) TIMING OF CERTAIN PROPOSALS.—If the 
President makes a determination described in sub-
section (c)(1)(A) of such section, as so amended, 
during the period beginning on the date that is two 
years before the date of the enactment of this Act 
and ending on the day before such date of enact-
ment, the submission to Congress of the proposal de-
scribed in subsection (c)(1)(B) of such section, as so 
amended, shall be required not later than 15 days 
after such date of enactment. 
(3) MODIFICATION OF DUTY RATE AMOUNTS.— 
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(A) IN GENERAL.—Any rate of duty modi-
fied under section 232(c) of the Trade Expan-
sion Act of 1962 (19 U.S.C. 1862(c)) during 
the period specified in paragraph (2) shall on 
the date of the enactment of this Act revert to 
the rate of duty in effect before such modifica-
tion. 
(B) RETROACTIVE APPLICATION FOR CER-
TAIN LIQUIDATIONS AND RELIQUIDATIONS.— 
(i) IN
GENERAL.—Subject to clause 
(ii), any entry of an article that— 
(I) was made— 
(aa) on or after the date 
that is two years before the date 
of the enactment of this Act; and 
(bb) before such date of en-
actment; and 
(II) to which a lower rate of duty 
would be applicable due to the appli-
cation of subparagraph (A), 
shall be liquidated or reliquidated as 
though such entry occurred on such date 
of enactment. 
(ii) REQUESTS.—A liquidation or re-
liquidation may be made under clause (i) 
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with respect to an entry only if a request 
therefor is filed with U.S. Customs and 
Border Protection not later than 180 days 
after the date of the enactment of this Act 
that contains sufficient information to en-
able U.S. Customs and Border Protec-
tion— 
(I) to locate the entry; or 
(II) to reconstruct the entry if it 
cannot be located. 
(iii) PAYMENT OF AMOUNTS OWED.— 
Any amounts owed by the United States 
pursuant to the liquidation or reliquidation 
of an entry of an article under clause (i) 
shall be paid, without interest, not later 
than 90 days after the date of the liquida-
tion or reliquidation (as the case may be). 
Æ 
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