H.R. 2712 — Reclaiming Congressional Trade Authority Act of 2025

This section limits the President's authority to proclaim a new or additional national security duty (i.e., a duty under Section 232 of the Trade Expansion Act of 1962 [19 U.S.C. 1862], the Trading with the Enemy Act [50 U.S.C. 4301 et seq.], the International Emergency Economic Powers Act [50 U.S.C. 1701 et seq.], or any other law where national security is cited as a significant reason) by requiring (1) submission of a duty proposal to the International Trade Commission within 30 calendar days of the national security determination, (2) submission of a congressional authorization request within 15 calendar days thereafter that includes a Secretary of Defense report on national security interests and an International Trade Commission report on economic impacts, (3) consultations with the Senate Committees on Finance and Armed Services and the House Committees on Ways and Means and Armed Services, and (4) enactment of a joint resolution of approval introduced within 15 legislative days using expedited procedures under the Trade Act of 1974. The section excepts from these requirements any such duty proclaimed by the President for one 120-calendar-day period if determined necessary for urgent action to address a national emergency, prevent or mitigate loss of life or property, respond to an imminent health or safety threat, enforce criminal laws, or protect national security. (As background, current law provides the President unilateral authority following a Department of Commerce investigation to adjust imports, including by increasing duties, upon a national security finding.)

This section establishes conditions on the United States Trade Representative's (USTR) authority under Section 301(c)(1)(B) of the Trade Act of 1974 to impose duties or other import restrictions in response to a foreign country's unjustifiable acts, policies, or practices that burden or restrict U.S. commerce. (Thus, prior to such action, the USTR must (1) submit a detailed proposal to the International Trade Commission (ITC) specifying affected articles, proposed duty rates, and duration; (2) notify Congress of the intent to impose restrictions, including the proposal and an ITC report assessing impacts on the U.S. economy and industry sectors; (3) consult specified congressional committees (Senate Finance, House Ways and Means, and agriculture committees if applicable); (4) wait 60 calendar days after completing consultations; and (5) face no congressional disapproval resolution passed during that period under fast-track procedures.)