PolicyBrief
H.R. 1903
119th CongressMar 6th 2025
Congressional Trade Authority Act of 2025
IN COMMITTEE

The Congressional Trade Authority Act of 2025 significantly restricts the President's power to adjust imports based on national security by requiring joint agreement from the Secretaries of Defense and Commerce and mandatory Congressional approval for any resulting trade action.

Donald Beyer
D

Donald Beyer

Representative

VA-8

LEGISLATION

Congress Demands Veto Power Over National Security Tariffs, Cutting Presidential Authority and Setting 3-Year Time Limits

The Congressional Trade Authority Act of 2025 is a massive procedural shakeup of how the U.S. government handles trade restrictions based on national security concerns. Right now, the President can use a law called Section 232 to slap tariffs or quotas on imports if the Commerce Secretary finds they threaten national security. This bill essentially takes the keys to that car away from the President and hands them to Congress and the Department of Defense.

The Security Scope Narrows: No More 'General Welfare'

First, the bill narrows the playing field. From now on, the President can only take action against imports related to military equipment, energy resources, or critical infrastructure. Crucially, the bill explicitly states that protecting the “general welfare” is no longer enough to trigger these trade restrictions. This is a big deal. It means the President can no longer use this specific authority to protect broad sectors of the economy just because they are struggling. If you’re a domestic steel mill owner, this bill makes it harder for the President to unilaterally impose tariffs on your competitors, since they now have to prove the import threat is tied directly to military or critical infrastructure needs, not just economic well-being.

The Defense Department Takes the Lead

Under the current system, the Secretary of Commerce runs the investigation into whether an import is a threat. This bill flips that script, giving the lead role to the Secretary of Defense. The Commerce Secretary is relegated to providing import data only when the Defense Secretary asks for it. Even more significant, the President can only propose action if both the Secretary of Defense and the Secretary of Commerce jointly agree that the imports pose a “substantial cause of a threat to impair the national security.” This joint agreement requirement is a major check on executive power, ensuring that both security and economic perspectives must align before any action is taken.

Congress Must Say ‘Yes’ for Tariffs to Stick

Here is the biggest change: Any import adjustment the President proposes—be it a tariff or a quota—must now be approved by Congress. The President has to submit a proposal, and both the House and Senate must pass a specific “joint resolution of approval” within 60 calendar days. If Congress fails to act, the proposed action dies. This moves the power to impose trade restrictions from a single executive decision to a mandatory legislative vote. For businesses, this means that any future trade uncertainty stemming from Section 232 actions will now be tied to the political climate in Congress, not just the White House.

Three Years and You’re Out: The Sunset Clause

For any new trade restriction that does get Congressional approval, it automatically expires after three years. This sunset clause is designed to prevent these tariffs from becoming permanent fixtures of the trade landscape. For industries that rely on these protections, this means they only get a three-year window of certainty before they must lobby Congress and the Executive Branch all over again for renewal. It forces regular review and prevents policy from becoming stagnant.

Clearing the Path for Exclusions

Finally, the bill formalizes the process for granting exclusions from these duties, handing the responsibility to the U.S. International Trade Commission (ITC). If you’re a manufacturer who needs a specific foreign component that the U.S. doesn't make in sufficient quantity or quality, you can now apply to the ITC for relief. The ITC must consider whether denying the exclusion would cause you severe economic harm or cause consumer prices to rise unreasonably. The key here is that any exclusion granted must be available to anyone importing that specific covered article, which should help level the playing field and prevent a complicated, one-off application process that only benefits the biggest players.