Congress Grabs the Wheel on Trade: New Bill Limits Presidential Power, Requires Legislative OK for Import Changes

The Congressional Trade Authority Act of 2025 shakes up how the U.S. handles trade restrictions tied to national security. This bill essentially rewrites Section 232 of the Trade Expansion Act of 1962, shifting power away from the President and putting Congress squarely in the driver's seat when it comes to adjusting imports that supposedly threaten our safety.

Shifting Gears: Who Decides What's a Threat?

Instead of the Secretary of Commerce calling the shots on national security investigations related to trade, that responsibility now falls to the Secretary of Defense. The Secretary of Commerce will still weigh in on import impacts, but only if Defense asks. The bill also tightens up the definition of "national security," focusing it strictly on protecting the U.S. from foreign aggression and specifically excluding the "general welfare of the United States." (Section 2(b)(1)(B)). Think military equipment, critical infrastructure, and energy resources – those are the "covered articles" in question (Section 2(a)(2)).

Congress Takes Control: No More Unilateral Presidential Actions

The biggest change? The President can't just decide to slap tariffs or restrictions on imports anymore. Any proposed action now requires a thumbs-up from Congress. The President has to submit a proposal, and Congress has 60 calendar days to pass a joint resolution of approval. If they don't, the proposal is dead in the water (Section 2(c)(1)).

The Escape Hatch: Businesses Can Request Exclusions

If a company thinks a particular import restriction is hurting them more than it's helping national security, they can now ask for an exclusion. The United States International Trade Commission (ITC) will handle these requests, looking at things like whether the item is even available domestically, if the restriction is causing serious economic harm, and how it affects consumers and manufacturers (Section 2(d)(1)).

Sunset Clause and Retroactive Changes

Any presidential action under this new setup has a built-in expiration date: three years. After that, it needs to be reviewed and potentially renewed (Section 2(e)(1)). The bill also addresses actions taken before this law was enacted, requiring them to be resubmitted to Congress for approval. For example, any rate of duty that had been modified under Section 232(c) of the Trade Expansion Act of 1962 will revert to the rate that had been in effect 75 days after the enactment of this Act (Section 2(f)(1)). Additionally, certain liquidations and reliquidations can be applied retroactively if a request is filed not later than 255 days after the date of the enactment of this Act. (Section 2(f)(2)).

Real-World Implications

Imagine a U.S. solar panel manufacturer that relies on imported components. Under the old rules, the President could unilaterally impose tariffs on those components, citing national security. Now, Congress has to agree, and the manufacturer can apply for an exclusion, arguing that the tariffs hurt their business and drive up costs for consumers. This bill puts more checks and balances on trade decisions, potentially making them more responsive to the needs of businesses and the broader economy – but also potentially slowing down the process in times of perceived crisis.