[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 746 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                 S. 746

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

                             March 15, 2021

 Mr. Portman (for himself, Ms. Sinema, Ms. Ernst, Mrs. Feinstein, Mr. 
 Wicker, and Mr. Young) 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 2021''.

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 Secretary 
        of Commerce, or otherwise afford interested parties an 
        opportunity to present information and advice relevant to such 
        investigation.'';
                    (C) by striking paragraph (3) and inserting the 
                following:
    ``(3)(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).
    ``(D) Any portion of the report submitted by the Secretary of 
Defense under subparagraph (A) or the report submitted by the Secretary 
of Commerce under subparagraph (C) that does not contain classified 
information or proprietary information shall be published in the 
Federal Register.''; 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.--
            (1) In general.--Section 232(f) of the Trade Expansion Act 
        of 1962 (19 U.S.C. 1862(f)) is amended--
                    (A) in paragraph (1), by striking ``of petroleum, 
                or petroleum products''; and
                    (B) in paragraph (2)(B)--
                            (i) by striking ``petroleum imports'' and 
                        inserting ``imports''; and
                            (ii) by striking ``of petroleum or 
                        petroleum products''.
            (2) Applicability.--
                    (A) In general.--Except as provided in subparagraph 
                (B), subsection (f) of section 232 of the Trade 
                Expansion Act of 1962 (19 U.S.C. 1862), as amended by 
                paragraph (1), shall apply to adjustments of imports 
                under that section on or after July 1, 2018.
                    (B) Exception.--Subsection (f) of section 232 of 
                the Trade Expansion Act of 1962 (19 U.S.C. 1862), as 
                amended by paragraph (1), 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.
                                 <all>