Sen. Toomey leads amicus brief urging Commerce Dept release of ‘national security’ auto report

U.S. Sen. Pat Toomey (R-PA) recently submitted an amicus brief in federal district court for the U.S. Department of Commerce release of its Section 232 “national security” report on imported automobiles.

The bipartisan amicus brief specifically expresses support for the Cause of Action Institute’s Freedom of Information Act lawsuit that would require the Commerce Department to follow federal law in releasing the report. The Section 232 report was required to be released on Jan. 19 under the appropriations package approved by Congress and signed into law by the president last December. However, the executive branch chose to withhold the report, claiming executive privileges, according to a statement released by Toomey’s office.

“The Department of Commerce is willfully violating federal law by not making public its report on the supposed threat imported automobiles pose to American security,” Toomey said. “Commerce has left Congress few options but to support legal action compelling the release of this report. I am disappointed it has come to this, but I am grateful for the bipartisan support this amicus brief has garnered.”

U.S. Senate Finance Committee Chairman Chuck Grassley (R-IA) and Ranking Member Ron Wyden (D-OR) joined Toomey in filing the amicus brief.

Toomey has long been a supporter of updating Section 232 and introduced last year the Bicameral Congressional Trade Authority Act of 2019, S.827, which advocates for increased overall transparency in Section 232 investigations. The bill would require the president to secure congressional approval of any trade actions, such as tariffs and quotas. Currently, the president is solely responsible for deciding whether an import adjustment is necessary with a report submitted to Congress explaining the reasons for actions taken or not taken.

The bill is cosponsored by 19 additional senators, including nine Republicans, nine Democrats and one independent.