[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3230 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3230

 To impose a limitation on increases in duties on imports of steel and 
   aluminum from Canada, Mexico, and the European Union, to improve 
    congressional oversight of tariffs imposed to protect national 
                   security, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 18, 2018

  Mr. Bennet introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To impose a limitation on increases in duties on imports of steel and 
   aluminum from Canada, Mexico, and the European Union, to improve 
    congressional oversight of tariffs imposed to protect national 
                   security, 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. LIMITATION ON INCREASES IN DUTIES ON IMPORTS OF STEEL AND 
              ALUMINUM ON IMPORTS FROM CANADA, MEXICO, AND THE EUROPEAN 
              UNION.

    (a) In General.--Notwithstanding any other provision of law, the 
rates of duty applicable to articles specified in subsection (b), and 
imported from Canada, Mexico, or any country that is a member of the 
European Union, under the Harmonized Tariff Schedule of the United 
States (in this section referred to as the ``HTS'') on March 22, 2018, 
shall remain in effect on and after March 23, 2018, without regard to 
any presidential proclamation issued on May 31, 2018, or any other 
date, relating to--
            (1) the report of the Secretary of Commerce on the 
        Secretary's investigation into the effect of imports of steel 
        articles on the national security of the United States 
        transmitted to the President on January 11, 2018; or
            (2) the report of the Secretary of Commerce on the 
        Secretary's investigation into the effect of imports of 
        aluminum on the national security of the United States 
        transmitted to the President on January 19, 2018.
    (b) Articles Specified.--The articles specified in this subsection 
are the following:
            (1) Articles of steel classifiable under any of subheadings 
        7206.10 through 7216.50, 7216.99 through 7301.10, 7302.10, 
        7302.40 through 7302.90, or 7304.10 through 7306.90 of the HTS.
            (2) Unwrought aluminum classifiable under heading 7601 of 
        the HTS.
            (3) Aluminum bars, rods, and profiles classifiable under 
        heading 7604 of the HTS.
            (4) Aluminum wire classifiable under heading 7605 of the 
        HTS.
            (5) Aluminum plates, sheets, and strips classifiable under 
        heading 7606 of the HTS.
            (6) Aluminum foil classifiable under heading 7607 of the 
        HTS.
            (7) Aluminum tubes and pipes classifiable under heading 
        7608 of the HTS.
            (8) Aluminum tube and pipe fittings classifiable under 
        heading 7609 of the HTS.
            (9) Aluminum castings classifiable under statistical 
        reporting number 7616.99.51.60 of the HTS.
            (10) Aluminum forgings classifiable under statistical 
        reporting number 7616.99.51.70 of the HTS.
    (c) Exception for Technical Corrections.--The limitation under 
subsection (a) shall not apply with respect to technical corrections to 
the HTS.
    (d) Rule of Construction.--Nothing in this section shall be 
construed to preempt or alter any other provision of the Tariff Act of 
1930 (19 U.S.C. 1304 et seq.) or the Trade Act of 1974 (19 U.S.C. 2101 
et seq.) related to the enforcement of the customs and trade laws of 
the United States.

SEC. 2. CONGRESSIONAL OVERSIGHT OF TARIFFS IMPOSED TO PROTECT NATIONAL 
              SECURITY.

    Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (2), by adding at the end the 
                following:
    ``(C) In conducting an investigation under this subsection, the 
Secretary shall consult with the Secretary of Defense, the Secretary of 
State, and the Director of National Intelligence with respect to the 
effects on the national security of imports of the article that is the 
subject of the investigation.''; and
                    (B) in paragraph (3)(A)--
                            (i) by inserting ``(i)'' before ``By no 
                        later'';
                            (ii) by striking ``If the Secretary'' and 
                        inserting the following:
    ``(ii) If the Secretary''; and
                            (iii) in clause (i), as designated by 
                        clause (i) of this subparagraph, by striking 
                        ``a report on'' and all that follows through 
                        ``under this section.'' and inserting the 
                        following: ``a report that includes--
            ``(I) the findings of such investigation with respect to 
        the effect of the importation of such article in such 
        quantities or under such circumstances upon the national 
        security;
            ``(II) based on such findings, the recommendations of the 
        Secretary for action or inaction under this section; and
            ``(III) in consultation with the Secretary of Defense, the 
        Secretary of State, and the Director of National Intelligence, 
        an assessment of the implications of such recommendations.'';
            (2) in subsection (c)--
                    (A) by striking paragraph (2) and inserting the 
                following:
    ``(2)(A) By not later than the date that is 30 days after the date 
on which the President makes any determination under paragraph (1), the 
President shall submit to Congress a report that includes--
            ``(i) a description of the reasons why the President has 
        decided to take action, or refused to take action, under 
        paragraph (1); and
            ``(ii) an assessment of the national security implications 
        of such action or inaction.
    ``(B) Any portion of the report required by subparagraph (A) that 
does not contain classified information or proprietary information 
shall be included in the report published under subsection (e).''; and
                    (B) by adding at the end the following:
    ``(4) Before proclaiming any new or additional duty or quota under 
this subsection with respect to an article imported into the United 
States, the President shall--
            ``(A) consult with respect to the duty or quota with the 
        Committee on Finance of the Senate and the Committee on Ways 
        and Means of the House of Representative, and, if the duty or 
        quota affects agricultural products, the Committee on 
        Agriculture, Nutrition, and Forestry of the Senate and the 
        Committee on Agriculture of the House of Representatives;
            ``(B) consult with the House Advisory Group on Negotiations 
        and the Senate Advisory Group on Negotiations convened under 
        section 104(c) of the Bipartisan Congressional Trade Priorities 
        and Accountability Act of 2015 (19 U.S.C. 4203(c)) regarding 
        the status of discussions regarding any national security issue 
        identified with respect to each country the exports of which 
        would be subject to the duty or quota; and
            ``(C) in addition to the written statement required by 
        paragraph (2), transmit to Congress--
                    ``(i) a report by the United States International 
                Trade Commission assessing the probable economic 
                effects of the duty or quota on the economy of the 
                United States; and
                    ``(ii) a report by the Secretary of Defense, in 
                consultation with the Secretary of State and the 
                Director of National Intelligence, describing how the 
                national security interests of the United States will 
                be advanced by the duty or quota.''; and
            (3) by redesignating the second subsection (d) as 
        subsection (e).
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