I 
118TH CONGRESS 
1ST SESSION H. R. 5188 
To amend the Trade Expansion Act of 1962 to impose limitations on the 
authority of the President to adjust imports that are determined to 
threaten to impair national security, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 11, 2023 
Mr. GALLAGHER (for himself and Mr. BEYER) introduced the following bill; 
which was referred to the Committee on Ways and Means, and in addi-
tion to the Committee on Rules, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Trade Expansion Act of 1962 to impose 
limitations on the authority of the President to adjust 
imports that are determined to threaten to impair na-
tional security, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Congressional Trade 
Authority Act of 2023’’. 
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SEC. 2. LIMITATIONS ON AUTHORITY OF PRESIDENT TO AD-
JUST IMPORTS DETERMINED TO THREATEN 
TO IMPAIR NATIONAL SECURITY. 
(a) LIMITATION ON ARTICLES FOR WHICH ACTION 
MAY BE TAKEN.—Section 232 of the Trade Expansion 
Act of 1962 (19 U.S.C. 1862) is amended— 
(1) by striking ‘‘an article’’ each place it ap-
pears and inserting ‘‘a covered article’’; 
(2) by striking ‘‘any article’’ each place it ap-
pears and inserting ‘‘any covered article’’; 
(3) by striking ‘‘the article’’ each place it ap-
pears and inserting ‘‘the covered article’’; 
(4) in the first subsection (d), by striking ‘‘In 
the administration’’ and all that follow through ‘‘na-
tional security.’’; and 
(5) by adding at the end the following: 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) COVERED
ARTICLE.—The term ‘covered 
article’ means an article related to the development, 
maintenance, or protection of military equipment, 
energy resources, or critical infrastructure essential 
to national security. 
‘‘(2) NATIONAL SECURITY.—The term ‘national 
security’— 
‘‘(A) means the protection of the United 
States from foreign aggression; and 
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‘‘(B) does not otherwise include the protec-
tion of the general welfare of the United 
States.’’. 
(b) RESPONSIBILITY OF SECRETARY OF DEFENSE 
FOR INVESTIGATIONS.—Section 232(b) of the Trade Ex-
pansion Act of 1962 (19 U.S.C. 1862(b)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘the 
Secretary of Commerce (hereafter in the section 
referred to as the ‘Secretary’)’’ and inserting 
‘‘the Secretary of Defense’’; and 
(B) in subparagraph (B)— 
(i) by striking ‘‘The Secretary’’ and 
inserting ‘‘The Secretary of Defense’’; and 
(ii) by striking ‘‘the Secretary of De-
fense’’ and inserting ‘‘the Secretary of 
Commerce’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A)— 
(i) in the matter preceding clause (i), 
by striking ‘‘the Secretary’’ and inserting 
‘‘the Secretary of Defense’’; and 
(ii) in clause (i), by striking ‘‘the Sec-
retary of Defense’’ and inserting ‘‘the Sec-
retary of Commerce’’; and 
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(E) by amending subparagraph (B), as re-
designated by subparagraph (C), to read as fol-
lows: 
‘‘(B) if the President concurs, submit to 
Congress, not later than 15 days after making 
that determination, a proposal regarding the 
nature and duration of the action that, in the 
judgment of the President, should be taken to 
adjust the imports of the covered article and its 
derivatives so that such imports will not be a 
substantial cause of a threat to impair the na-
tional security.’’; and 
(2) by striking paragraphs (2) and (3) and in-
serting the following: 
‘‘(2) The President shall submit to Congress for 
review 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 included in the report published 
under subsection (e).’’. 
(d) CONGRESSIONAL APPROVAL OF PRESIDENTIAL 
ADJUSTMENT OF IMPORTS.—Section 232(f) of the Trade 
Expansion Act of 1962 (19 U.S.C. 1862(f)) is amended 
to read as follows: 
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‘‘(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 in a report submitted to 
Congress under subsection (c)(2) shall have force 
and effect only if, during the period of 60 calendar 
days beginning on the date on which the report is 
submitted, a joint resolution of approval is enacted 
pursuant to paragraph (2). 
‘‘(2) JOINT RESOLUTIONS OF APPROVAL.— 
‘‘(A) JOINT
RESOLUTION
OF
APPROVAL 
DEFINED.—In this subsection, the term ‘joint 
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 proposal of the Presi-
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dent relating to the adjustment of imports 
to protect the national security as de-
scribed in the report submitted to Con-
gress under section 232(c)(2) of the Trade 
Expansion 
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-
graph (1), a joint resolution of approval may be 
introduced in either House by any Member. 
‘‘(C) CONSIDERATION IN HOUSE OF REP-
RESENTATIVES.— 
‘‘(i) COMMITTEE REFERRAL.—A joint 
resolution of approval introduced in the 
House of Representatives shall be referred 
to the Committee on Ways and Means. 
‘‘(ii) REPORTING AND DISCHARGE.— 
If the Committee on Ways and Means has 
not reported the joint resolution of ap-
proval within 10 calendar days after the 
date of referral, the Committee shall be 
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discharged from further consideration of 
the joint resolution. 
‘‘(iii) PROCEEDING
TO
CONSIDER-
ATION.—Beginning on the third legislative 
day after the Committee on Ways and 
Means reports the joint resolution of ap-
proval 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 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 ordered on the motion to its adoption 
without intervening motion. The motion 
shall not be debatable. A motion to recon-
sider the vote by which the motion is dis-
posed of shall not be in order. 
‘‘(iv) FLOOR
CONSIDERATION.—The 
joint resolution of approval shall be consid-
ered as read. All points of order against 
the joint resolution and against its consid-
eration are waived. The previous question 
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shall be considered as ordered on the joint 
resolution to final passage without inter-
vening motion except 2 hours of debate 
equally divided and controlled by the spon-
sor of the joint resolution (or a designee) 
and an opponent. A motion to reconsider 
the vote on passage of the joint resolution 
shall not be in order. 
‘‘(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 on Finance has not re-
ported the joint resolution of approval 
within 10 calendar days after the date of 
referral of the joint resolution, the Com-
mittee shall be discharged from further 
consideration of the joint resolution and 
the joint resolution shall be placed on the 
appropriate calendar. 
‘‘(iii) PROCEEDING
TO
CONSIDER-
ATION.—Notwithstanding Rule XXII of 
the Standing Rules of the Senate, it is in 
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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 to the procedure re-
lating to a joint resolution of approval 
shall be decided by the Senate without de-
bate. 
‘‘(E) TREATMENT OF HOUSE JOINT RESO-
LUTION IN SENATE.— 
‘‘(i) COMMITTEE REFERRAL.—Except 
as provided in clause (ii), a joint resolution 
of approval that has passed the House of 
Representatives shall, when received in the 
Senate, be referred to the Committee on 
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Finance for consideration in accordance 
with subparagraph (D). 
‘‘(ii) CONSIDERATION OF HOUSE RES-
OLUTION.—If a joint resolution of approval 
was introduced in the Senate before receipt 
of a joint resolution of approval that has 
passed the House of Representatives— 
‘‘(I) the joint resolution from the 
House of Representatives shall, when 
received in the Senate, be placed on 
the calendar; and 
‘‘(II) the procedures in the Sen-
ate with respect to a joint resolution 
of approval introduced in the Senate 
shall be the same as if no joint resolu-
tion of approval had been received 
from the House of Representatives, 
except that the vote on passage in the 
Senate shall be on the joint resolution 
that passed the House of Representa-
tives. 
‘‘(iii) HOUSE RESOLUTION RECEIVED 
AFTER PASSAGE BY SENATE.—If the Sen-
ate passes a joint resolution of approval 
before receiving a joint resolution of ap-
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proval from the House of Representatives, 
the joint resolution of the Senate shall be 
held at the desk pending receipt of the 
joint resolution from the House of Rep-
resentatives. Upon receipt of the joint reso-
lution of approval from the House of Rep-
resentatives, such joint resolution shall be 
deemed to be read twice, considered, read 
the third time, and passed. 
‘‘(iv) CONSIDERATION OF HOUSE RES-
OLUTION IF NO RESOLUTION INTRODUCED 
IN SENATE.—If the Senate receives a joint 
resolution of approval from the House of 
Representatives, and no joint resolution of 
approval has been introduced in the Sen-
ate, the procedures described in subpara-
graph (D) shall apply to consideration of 
the joint resolution of the House. 
‘‘(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, 
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respectively, and supersedes other rules 
only to the extent that it is inconsistent 
with such rules; and 
‘‘(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.’’. 
(e) EXCLUSION PROCESS; REPORT.—Section 232 of 
the Trade Expansion Act of 1962 (19 U.S.C. 1862) is 
amended by inserting after subsection (f) the following: 
‘‘(g) ADMINISTRATION OF EXCLUSION PROCESS.— 
‘‘(1) IN GENERAL.—The United States Inter-
national Trade Commission shall administer a proc-
ess for granting requests for the exclusion of covered 
articles from any actions, including actions to im-
pose duties or quotas, taken by the President under 
subsection (c). 
‘‘(2) REQUIREMENTS.—In administering the 
process required by paragraph (1), the International 
Trade Commission shall— 
‘‘(A) consider, when determining whether 
to grant an exclusion with respect to a covered 
article, if— 
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‘‘(i) the covered article is produced in 
the United States and is of sufficient qual-
ity, available in sufficient quantities, and 
available on a reasonable timeframe; 
‘‘(ii) the failure to grant the exclusion 
would result in severe economic harm; and 
‘‘(iii) the failure to grant the exclusion 
would impair the ability of the United 
States to maintain effective pressure to re-
move an unreasonable or discriminatory 
practice burdening United States com-
merce, and further if the International 
Trade Commission determines that— 
‘‘(I) the article or a reasonable 
substitute is not commercially avail-
able to person requesting an exclusion 
under paragraph (1) with respect to a 
covered article; 
‘‘(II) the imposition of the duty 
with respect to the article would un-
reasonably increase consumer prices 
for day-to-day items consumed by low- 
or middle-income families in the 
United States; 
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‘‘(III) the imposition of the duty 
would have an unreasonable impact on 
manufacturing output of the United 
States; 
‘‘(IV) the imposition of the duty 
would have an unreasonable impact on 
the ability of an entity to fulfill con-
tracts or to build critical infrastruc-
ture; or 
‘‘(V) the failure to grant the ex-
clusion is likely to result in a par-
ticular entity or entities having the 
ability to abuse a dominant market 
position; and 
‘‘(B) ensure that an exclusion granted with 
respect to a covered article is available to any 
person that imports the covered article; 
‘‘(C) not disclose business proprietary in-
formation; and 
‘‘(D) establish guidelines to provide for— 
‘‘(i) the maximum period of time that 
an exclusion will be in effect; 
‘‘(ii) applications for renewal of an ex-
clusion; and 
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‘‘(iii) written reasoning to a person 
that has requested an exclusion that the 
International Trade Commision has de-
nied. 
‘‘(3) PUBLICATION
OF
PROCEDURES.—The 
International Trade Commission shall publish in the 
Federal Register and make available on a publicly 
available internet website of the Commission a de-
scription of the procedures to be followed by a per-
son requesting an exclusion under paragraph (1) 
with respect to a covered article. 
‘‘(h) REPORT BY INTERNATIONAL TRADE COMMIS-
SION.—Not later than 18 months after the President 
takes action under subsection (c) to adjust imports of a 
covered article, the International Trade Commission shall 
submit to Congress a report assessing the effects of the 
action on— 
‘‘(1) the industry to which the covered article 
relates; and 
‘‘(2) the overall economy of the United States. 
‘‘(i) AUDIT.—The Comptroller General of the United 
States shall conduct an audit on an annual basis of the 
exclusion process established under subsection (g)(1).’’. 
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(f) SUNSET.—Section 232 of the Trade Expansion 
Act of 1962 (19 U.S.C. 1862), as amended by this section, 
is further amended by adding at the end the following: 
‘‘(i) SUNSET.—Notwithstanding any other provision 
of this section, an action to adjust imports by the Presi-
dent in a report submitted to Congress under subsection 
(c)(2) with respect to a covered article shall terminate not 
later than the date that is three years after the date of 
the enactment of a joint resolution required by subsection 
(f) with respect to such action.’’. 
(g) CONFORMING AMENDMENTS.—Section 232 of the 
Trade Expansion Act of 1962 (19 U.S.C. 1862), as 
amended by this section, is further amended— 
(1) in the first subsection (d), by striking ‘‘the 
Secretary and the President’’ each place it appears 
and inserting ‘‘the Secretary of Defense, the Sec-
retary of Commerce, and the President’’; 
(2) by redesignating the second subsection (d) 
as subsection (e); and 
(3) in paragraph (1) of subsection (e), as redes-
ignated by paragraph (2), by striking ‘‘the Sec-
retary’’ and inserting ‘‘the Secretary of Defense’’. 
(h) EFFECTIVE DATE.—Except as provided by sub-
section (h), the amendments made by this section shall 
apply with respect to any proposed action under section 
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232(c) of the Trade Expansion Act of 1962 (19 U.S.C. 
1862(c)) on or after the date that is 6 years before the 
date of the enactment of this Act. 
(i) TRANSITION RULES.— 
(1) APPROVAL PROCESS FOR ACTIONS TAKE BE-
FORE DATE OF ENACTMENT.— 
(A) IN GENERAL.—If, during the period 
specified in paragraph (2), the President makes 
a determination described in subsection (c) of 
section 232 of the Trade Expansion Act of 
1962, as in effect on the day before the date of 
the enactment of this Act, to take action with 
respect to an article— 
(i) not later than 15 days after such 
date of enactment, the President shall re-
submit to Congress the report required 
under that section with respect to the ac-
tion; and 
(ii) the action shall have force and ef-
fect after the day that is 75 days after 
such date of enactment only if, during the 
period of 60 calendar days beginning on 
the date on which the report is resubmitted 
under clause (i), a joint resolution of ap-
proval is enacted pursuant to subsection 
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(f)(2) of the Trade Expansion Act of 1962, 
as amended by this section, with respect to 
the action. 
(B) 
NONAPPLICABILITY
OF
DEFINI-
TIONS.—Subparagraph (A) shall apply with re-
spect to an action without regard to whether 
the article to which the action relates is a cov-
ered article (as defined in subsection (i) of sec-
tion 232 of the Trade Expansion Act of 1962, 
as added by this section). 
(2) PERIOD SPECIFIED.—The period specified 
in this paragraph is the period beginning on the date 
that is 7 years before the date of the enactment of 
this Act and ending on the day before such date of 
enactment. 
(3) ADMINISTRATION
OF
EXCLUSION
PROC-
ESS.—In the case of an action with respect to which 
a resolution of approval is enacted as required by 
paragraph (1)(A)(ii), the Secretary of Commerce 
shall continue to administer the process established 
before the date of the enactment of this Act for 
granting requests for the exclusion of articles from 
the action. 
(4) INTERNATIONAL
TRADE
COMMISSION
RE-
PORT.—Not later than 180 days after the date of 
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the enactment of this Act, the United States Inter-
national Trade Commission shall submit to Congress 
a report described in subsection (h) of section 232 
of the Trade Expansion Act of 1962, as added by 
this section, relating to each action taken under sub-
section (c) of section 232 of the Trade Expansion 
Act of 1962, as in effect on the day before such date 
of enactment, during the period specified in para-
graph (2). 
(5) TERMINATION
OF
ACTIONS
NOT
AP-
PROVED.— 
(A) IN GENERAL.—An action described in 
subparagraph (B) shall terminate on the day 
that is 75 days after the date of the enactment 
of this Act. 
(B) ACTION
DESCRIBED.—An action de-
scribed in this subparagraph is an action with 
respect to which— 
(i) the President made a determina-
tion described in subsection (c) of section 
232 of the Trade Expansion Act of 1962, 
as in effect on the day before the date of 
the enactment of this Act, during the pe-
riod specified in paragraph (2); and 
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(ii) a joint resolution of approval is 
not enacted as required by paragraph 
(1)(A)(ii). 
(C) 
MODIFICATION
OF
DUTY
RATE 
AMOUNTS.— 
(i) IN GENERAL.—Any rate of duty 
modified under section 232(c) of the Trade 
Expansion Act of 1962, as in effect on the 
day before the date of the enactment of 
this Act, pursuant to an action described 
in subparagraph (B) shall, on the day that 
is 75 days after the date of the enactment 
of this Act, revert to the rate of duty in ef-
fect before such modification. 
(ii) RETROACTIVE
APPLICATION
FOR 
CERTAIN
LIQUIDATIONS
AND
RELIQUIDA-
TIONS.— 
(I) IN
GENERAL.—Subject to 
subclause (II), an entry of an article 
shall be liquidated or reliquidated as 
though such entry occurred on the 
date that is 75 days after the date of 
the enactment of this Act if— 
(aa) the rate of duty appli-
cable to the article was modified 
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pursuant to an action described 
in subparagraph (B); and 
(bb) a lower rate of duty 
would be applicable due to the 
application of clause (i). 
(II) REQUESTS.—A liquidation 
or reliquidation may be made under 
subclause (I) with respect to an entry 
only if a request therefor is filed with 
U.S. Customs and Border Protection 
not later than 255 days after the date 
of the enactment of this Act that con-
tains sufficient information to enable 
U.S. Customs and Border Protec-
tion— 
(aa) to locate the entry; or 
(bb) to reconstruct the entry 
if it cannot be located. 
(III) PAYMENT
OF
AMOUNTS 
OWED.—Any amounts owed by the 
United States pursuant to the liquida-
tion or reliquidation of an entry of an 
article under subclause (I) shall be 
paid, without interest, not later than 
90 days after the date of the liquida-
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tion or reliquidation (as the case may 
be). 
(iii) ENTRY DEFINED.—In this para-
graph, the terms ‘‘entry’’ includes a with-
drawal from warehouse for consumption. 
Æ 
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