Section 232 Reform Bill Offered

House Select Committee on the Chinese Communist Party Chairman Mike Gallagher (R-Wisc) and Rep. Don Beyer (D-Va) introduced legislation giving Congress a say in the use of the Section 232 national security law.

The bill (HR 5188) would require the President to submit to Congress any proposal to adjust imports in the interest of national security under Section 232. The two lawmakers previously introduced the measure in the last Congress.

There were Congressional numerous attempts to reform Section 232 in response to former President Trump’s decision to impose global tariffs on steel and aluminum imports, sparking trade disputes with major US allies. Many members of Congress publicly questioned whether Mr. Trump was misusing Section 232, especially when he threatened to impose tariffs on European autos on national security grounds.

The two lawmakers said Congress should have the final say in the use of national security concerns to impose tariffs.

Taking Back Authority

“Congress’ penchant for ceding its constitutional authorities to the Executive Branch has left theinstitution weak and the country increasingly governed by executive fiat. This bipartisan bill takes a step to reverse this trend by restoring our voice in the tariff process and what constitutes a national security threat under Section 232,” Rep. Gallagher said.

The bill would give Congress a 60-day period following submission to review a President's proposal to raise tariffs on national security grounds. A joint resolution to approve the proposal would qualify for expedited consideration in both chambers. The requirement would apply to all future Section 232 actions, in addition to those taken within the last six years.

The bill would restore the national security intent behind Section 232 by transferring national security investigatory authority from the Department of Commerce to the Department of Defense.

“This legislation will ensure that future administrations do not abuse national security authorities to impose tariffs without clear objectives and without Congressional approval,” Rep. Beyer commented. “Tariffs are a powerful tool to combat unfair trade practices, but they impose significant costs on American consumers, and Congress must have the ability to weigh in on any future 232 trade actions.”