[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3329 Introduced in Senate (IS)]
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115th CONGRESS
2d Session
S. 3329
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 SENATE OF THE UNITED STATES
August 1, 2018
Mr. Portman (for himself, Mr. Jones, Mrs. Ernst, and Mr. Alexander)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Security Act of 2018''.
SEC. 2. INVESTIGATIONS TO DETERMINE EFFECTS ON NATIONAL SECURITY OF
IMPORTS OF ARTICLES AND CONGRESSIONAL REVIEW OF
PRESIDENTIAL ACTIONS.
(a) Investigations and Determinations by Secretary of Defense.--
Section 232 of the Trade Expansion 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 follows
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
Defense 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
inserting ``In''; and
(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 requirements and
national security impact of any article 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 infrastructure; and
``(ii) the need for a reliable supply of the
article to protect national security;
``(C) seek information and advice from the Secretary 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 Committee on Ways and Means of
the House of Representatives; and
``(F) hold public hearings, co-chaired with the Department
of Commerce, or otherwise afford interested 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 findings 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) includes 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
recommendations to address such threat.
``(C) Not later than 100 days after receiving from the President
under subparagraph (B) a direction to devise recommendations with
respect to an article, the Secretary 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 redesignated
by subparagraph (C)--
(I) by striking ``Secretary'' and
inserting ``Secretary of Defense''; and
(II) by inserting ``or the report
submitted by the Secretary of Commerce
under subparagraph (C)'' after
``subparagraph (A)''; and
(D) in paragraph (4), by inserting ``of Defense, in
consultation with the Secretary of Commerce,'' after
``The Secretary'';
(2) in subsection (c)(1), by striking subparagraph (A) and
inserting the following:
``(A) Not later than 60 days after receiving recommendations
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 industries''; and
(5) in subsection (e)(1), as redesignated by paragraph (3),
by striking ``Secretary'' and inserting ``Secretary of
Defense''.
(b) Congressional Disapproval of Presidential Action.--Section
232(f) of the Trade Expansion 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'' and inserting ``imports''.
(c) Applicability.--
(1) In general.--Except as provided in paragraph (2),
subsection (f) of section 232 of the Trade Expansion Act of
1962 (19 U.S.C. 1862), as amended 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 imports of steel and aluminum, or any subsequent
actions (including proclamations, Executive orders, or other
Executive acts) relating to those presidential actions.
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