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This bill — the Trade Security Act of 2019 — would reform the Section 232 statute to ensure that any Section 232 trade actions are based on national security determinations by the Dept. of Defense (DOD) and give Congress more power to reject tariffs levied under Section 232.

Specifically, this bill would:

Bifurcate the existing Section 232 process into an investigation phase, led by the DOD, and a remedy phase, led by the Dept. of Commerce so as to play to each agency’s strengths and ensure that the statute is used for genuine national security purposes.
Require the DOD – instead of the Dept. of Commerce – to justify the national security basis for new tariffs under Section 232 and make the determination about the national security threat posed by imports of certain products. If a threat is found, the DOD would send its report to the president. When the president decides to take action based on the finding of a national security threat, they would direct the Secretary of Commerce, the Secretary of Defense, and the U.S. Trade Representative to develop recommendations for how to respond. After receiving the recommendations the president would decide whether to take action.
Increase the role of Congress in the Section 232 process by expanding the ability of Congress to reject a Section 232 action by passing a joint resolution of disapproval. Currently, Section 232 contains a disapproval resolution process limited only to the disapproval of actions on oil imports, which was inserted into Section 232 in 1980 by Congress in response to concerns about the misuse of the statute. This bill would expand the use of that disapproval resolution process to all types of products. The reformed disapproval process wouldn’t be available for retroactive use.
Require consultation with Congress throughout the Section 232 process.

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Should Congress Reassert its Authority Over Trade and Tariff Policy?