119-hr2712

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2712 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2712

 To limit the authority of the President to modify duty rates for 
 national security reasons and to limit the authority of the United 
 States Trade Representative to impose certain duties or import 
 restrictions, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 April 8, 2025

Mr. Gottheimer introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on Rules, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
 the committee concerned

_______________________________________________________________________

 A BILL

 To limit the authority of the President to modify duty rates for 
 national security reasons and to limit the authority of the United 
 States Trade Representative to impose certain duties or import 
 restrictions, 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 ``Reclaiming Congressional Trade 
Authority Act of 2025''.

SEC. 2. LIMITATION ON AUTHORITY OF PRESIDENT TO MODIFY DUTY RATES FOR 
 NATIONAL SECURITY REASONS.

    (a) Authority To Modify Duty Rates for National Security Reasons.--
Notwithstanding any other provision of law and except as provided in 
subsection
            (c) , the President may proclaim a new or additional national 
security duty on an article imported into the United States only if--

    (1) the President, not later than 30 calendar days after 
 making the national security determination that is the basis 
 for the new or additional duty, submits to the International 
 Trade Commission the duty proposal, including--
        (A) a description of each article for which the 
 President recommends a new or additional duty;
        (B) the proposed new or additional duty rate; and
            (C) the proposed duration of that rate;

    (2) the President, not later than 15 calendar days after 
 submitting the duty proposal under paragraph

    (1) , submits to 
 Congress a request for authorization to modify duty rates in 
 accordance with that duty proposal, including--
        (A) a report by the Secretary of Defense explaining 
 why the proposal is in the interest of national 
 security; and
        (B) a report by the International Trade Commission 
 assessing the likely impact of the proposal on the 
 economy of the United States as a whole and specific 
 industry sectors;

    (3) the President consults with the Committee on Finance 
 and the Committee on Armed Services of the Senate and the 
 Committee on Ways and Means and the Committee on Armed Services 
 of the House of Representatives regarding the duty proposal 
 under paragraph

    (1) , including--
        (A) the short-term and long-term goals of the 
 proposal;
        (B) an action plan to achieve those goals; and
            (C) plans to consult with officials of countries 
 impacted by the proposal to resolve any issues relating 
 to the proposal; and

    (4) a joint resolution of approval under subsection

    (b) is 
 enacted.

    (b) Joint Resolution of Approval.--

    (1) Joint resolution of approval defined.--In this 
 subsection, the term ``joint resolution of approval'' means a 
 joint resolution the sole matter after the resolving clause of 
 which is as follows: ``That Congress authorizes the President 
 to proclaim duty rates as set forth in the request of the 
 President on ___________'', with the blank space being filled 
 with the date of the request submitted under subsection

    (a)

    (2) .

    (2) Introduction.--A joint resolution of approval may be 
 introduced in either House of Congress by any Member during the 
 15-legislative day period beginning on the date on which the 
 President submits to Congress the material set forth in 
 subsection

    (a)

    (2) .

    (3) Expedited procedures.--The provisions of subsections

    (b) through

    (f) of 

section 152 of the Trade Act of 1974 (19 
 U.S.C. 2192) apply to a joint resolution of approval to the 
 same extent that such subsections apply to joint resolutions 
 under such 

section 152.

    (4) Rules of house of representatives and senate.--This 
 subsection is enacted by Congress--
        (A) as an exercise of the rulemaking power of the 
 Senate and the House of Representatives, respectively, 
 and as such is deemed a part of the rules of each 
 House, respectively, but applicable only with respect 
 to the procedure to be followed in that House in the 
 case of a joint resolution of approval, and supersedes 
 other rules only to the extent that it is inconsistent 
 with such rules; and
        (B) with full recognition of the constitutional 
 right of either House to change the rules (so far as 
 relating to the procedure of that House) at any time, 
 in the same manner, and to the same extent as in the 
 case of any other rule of that House.
            (c) Exception for Urgent Action.--Notwithstanding the requirements 
of subsection

    (a) , the President may proclaim a new or additional 
national security duty for one period of 120 calendar days if the 
President determines that urgent action is necessary--

    (1) to address a national emergency;

    (2) for the prevention or mitigation of, or to respond to, 
 loss of life or property;

    (3) to address an imminent threat to health or safety;

    (4) for the enforcement of criminal laws; or

    (5) for national security.
            (d) National Security Duty Defined.--In this section, the term 
``national security duty'' means the following:

    (1) A duty proclaimed pursuant to--
        (A) section 232 of the Trade Expansion Act of 1962 
 (19 U.S.C. 1862);
        (B) the Trading with the Enemy Act (50 U.S.C. 4301 
 et seq.); or
            (C) the International Emergency Economic Powers Act 
 (50 U.S.C. 1701 et seq.).

    (2) A duty proclaimed pursuant to any other provision of 
 law if in reports or other public statements regarding the duty 
 the President or another cabinet-level official identifies 
 national security as a significant reason for proclaiming the 
 duty.

SEC. 3. CONDITIONS ON USE OF AUTHORITY BY UNITED STATES TRADE 
 REPRESENTATIVE TO IMPOSE DUTIES OR OTHER IMPORT 
 RESTRICTIONS.

    (a) In General.--

Section 301
            (c) of the Trade Act of 1974 (19 U.S.C. 
2411
            (c) ) is amended by adding at the end the following:
 ``

    (7)
        (A) The Trade Representative may take action pursuant 
 to paragraph

    (1)
        (B) only if--
 ``
            (i) the Trade Representative submits to the 
 International Trade Commission a proposal for duties or 
 other import restrictions under that paragraph, 
 including--
 ``
            (I) a description of each article covered 
 by that proposal;
 ``
            (II) the proposed new or additional duty 
 rate; and
 ``
            (III) the proposed duration of that rate;
 ``
            (ii) the Trade Representative submits to Congress 
 a notification of intent to impose duties or import 
 restrictions under that paragraph, including--
 ``
            (I) the proposal submitted under clause
            (i) ; and
 ``
            (II) a report by the International Trade 
 Commission assessing the likely impact of the 
 proposal on the economy of the United States as 
 a whole and specific industry sectors;
 ``
            (iii) after submitting the notification under 
 clause
            (ii) , the Trade Representative consults with the 
 Committee on Finance of the Senate and the Committee on 
 Ways and Means of the House of Representatives and, if 
 the proposal affects agricultural products, the 
 Committee on Agriculture, Nutrition, and Forestry of 
 the Senate and the Committee on Agriculture of the 
 House of Representatives;
 ``
            (iv) a period of 60 calendar days, beginning on 
 the date on which the Trade Representative has 
 completed consultations under clause
            (iii) , has passed; 
 and
 ``
            (v) no disapproval resolution under subparagraph
        (B) is passed during the period described in clause
            (iv) .
 ``
        (B)
            (i) In this subparagraph, the term `disapproval 
 resolution' means a joint resolution the sole matter after the 
 resolving clause of which is as follows: `That implementation 
 of the proposal by the Trade Representative to impose duties or 
 other import restrictions submitted to Congress on 
 ________________ is not in the interest of the United States.', 
 with the blank space being filled with the date on which the 
 Trade Representative submitted to Congress the material 
 described in subsection
        (A)
            (ii) .
 ``
            (ii) Paragraph

    (2) of 

section 106

    (b) of the Bipartisan 
 Congressional Trade Priorities and Accountability Act of 2015 
 (19 U.S.C. 4205

    (b) ) applies to a disapproval resolution under 
 this subparagraph to the same extent that such paragraph 
 applies to a procedural disapproval resolution under such 
 

section 106

    (b) .''.

    (b) Conforming Amendment.--Paragraph

    (1)
        (B) of such section is 
amended by inserting ``subject to paragraph

    (7) ,'' before ``impose 
duties''.
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