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 Com-
mittee 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 investiga-
tions and to provide for congressional disapproval of 
certain actions, 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 ‘‘Trade Security Act 
of 2019’’. 
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SEC. 2. INVESTIGATIONS TO DETERMINE EFFECTS ON NA-
TIONAL SECURITY OF IMPORTS OF ARTICLES 
AND CONGRESSIONAL REVIEW OF PRESI-
DENTIAL ACTIONS. 
(a) INVESTIGATIONS AND DETERMINATIONS BY SEC-
RETARY OF DEFENSE.—Section 232 of the Trade Expan-
sion Act of 1962 (19 U.S.C. 1862) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘Secretary of Commerce’’ and all that fol-
lows through ‘‘ ‘Secretary’)’’ and inserting 
‘‘Secretary of Defense’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘Secretary shall’’ 
and inserting ‘‘Secretary of Defense 
shall’’; and 
(II) by striking ‘‘Secretary of De-
fense of’’ and inserting ‘‘Secretary of 
Commerce of’’; 
(B) in paragraph (2)— 
(i) by striking subparagraph (B); 
(ii) in the matter preceding clause 
(i)— 
(I) by striking ‘‘(A) In’’ and in-
serting ‘‘In’’; and 
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(II) by striking ‘‘Secretary’’ and 
inserting ‘‘Secretary of Defense’’; and 
(iii) by striking clauses (i) through 
(iii) and inserting the following: 
‘‘(A) consult with the Secretary of Commerce 
regarding the methodological and policy questions 
raised in any investigation initiated under paragraph 
(1); 
‘‘(B) prepare an assessment of the defense re-
quirements and national security impact of any arti-
cle that is the subject of an investigation, which 
shall focus on— 
‘‘(i) the impact of the importation of the 
article on military readiness and critical infra-
structure; and 
‘‘(ii) the need for a reliable supply of the 
article to protect national security; 
‘‘(C) seek information and advice from the Sec-
retary of Commerce; 
‘‘(D) consult with appropriate officers of the 
United States; 
‘‘(E) consult with members of the Committee 
on Finance of the Senate and members of the Com-
mittee on Ways and Means of the House of Rep-
resentatives; and 
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‘‘(F) hold public hearings, co-chaired with the 
Department of Commerce, or otherwise afford inter-
ested parties an opportunity to present information 
and advice relevant to such investigation.’’; 
(C) in paragraph (3)— 
(i) by redesignating subparagraph (B) 
as subparagraph (D); 
(ii) by striking subparagraph (A) and 
inserting the following: 
‘‘(A) Not later than 200 days after the date on which 
the Secretary of Defense initiates an investigation under 
paragraph (1) with respect to an article, the Secretary of 
Defense shall submit to the President a report on the find-
ings of such investigation with respect to the effect of the 
importation of such article in such quantities or under 
such circumstances on the national security of the United 
States. 
‘‘(B) If the report described in subparagraph (A) in-
cludes an affirmative finding that the importation of an 
article in such quantities or under such circumstances 
threatens to impair the national security, the President 
may direct the Secretary of Commerce to devise rec-
ommendations to address such threat. 
‘‘(C) Not later than 100 days after receiving from 
the President under subparagraph (B) a direction to de-
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vise recommendations with respect to an article, the Sec-
retary of Commerce, in consultation with the United 
States Trade Representative, the Secretary of Defense, 
members of the Committee on Finance of the Senate, and 
members of the Committee on Ways and Means of the 
House of Representatives, shall submit to the President 
a report that includes— 
‘‘(i) recommendations for action or inaction 
under this section with respect to the article; and 
‘‘(ii) the findings of the Secretary of Commerce 
with respect to the investigation by the Secretary of 
Defense under paragraph (1).’’; and 
(iii) in subparagraph (D), as redesig-
nated by clause (i) of this subparagraph— 
(I) by striking ‘‘Secretary’’ and 
inserting ‘‘Secretary of Defense’’; and 
(II) by inserting ‘‘or the report 
submitted by the Secretary of Com-
merce under subparagraph (C)’’ after 
‘‘subparagraph (A)’’; and 
(D) in paragraph (4), by inserting ‘‘of De-
fense, in consultation with the Secretary of 
Commerce,’’ after ‘‘The Secretary’’; 
(2) in subsection (c)(1), by striking subpara-
graph (A) and inserting the following: 
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‘‘(A) Not later than 60 days after receiving rec-
ommendations submitted under subsection (b)(3)(C)(i) 
with respect to an article, the President shall— 
‘‘(i) decide whether to take action based on 
such recommendations; and 
‘‘(ii) if the President decides to take action 
under clause (i), determine the nature and duration 
of the action to be taken to adjust the imports of the 
article and its derivatives so that such imports will 
not threaten to impair the national security.’’; 
(3) by redesignating the second subsection (d) 
as subsection (e); 
(4) in subsection (d)— 
(A) by striking ‘‘the Secretary and the 
President’’ each place it appears and inserting 
‘‘the Secretary of Defense, the Secretary of 
Commerce, and the President’’; and 
(B) by inserting ‘‘, the production of which 
is needed for national defense requirements and 
critical infrastructure in the United States’’ 
after ‘‘welfare of individual domestic indus-
tries’’; and 
(5) in paragraph (1) of subsection (e), as redes-
ignated by paragraph (3) of this subsection, by 
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striking ‘‘Secretary’’ and inserting ‘‘Secretary of De-
fense’’. 
(b) CONGRESSIONAL
DISAPPROVAL
OF
PRESI-
DENTIAL ACTION.—Section 232(f) of the Trade Expan-
sion Act of 1962 (19 U.S.C. 1862(f)) is amended— 
(1) in paragraph (1), by striking ‘‘of petroleum 
or petroleum products’’; and 
(2) in paragraph (2)(B)— 
(A) by striking ‘‘petroleum imports’’ and 
inserting ‘‘imports’’; and 
(B) by striking ‘‘of petroleum or petroleum 
products’’. 
(c) APPLICABILITY.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), subsection (f) of section 232 of the Trade 
Expansion Act of 1962 (19 U.S.C. 1862), as amend-
ed by subsection (b), shall apply to adjustments of 
imports under that section on or after July 1, 2018. 
(2) EXCEPTION.—Subsection (f) of section 232 
of the Trade Expansion Act of 1962 (19 U.S.C. 
1862), as amended by subsection (b), shall not apply 
to the presidential actions taken under that section 
on March 8, 2018, relating to the adjustment of im-
ports of steel and aluminum, or any subsequent ac-
tions (including proclamations, Executive orders, or 
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