H.R.2712 - Reclaiming Congressional Trade Authority Act of 2025 (119th Congress)
Summary
H.R.2712, the Reclaiming Congressional Trade Authority Act of 2025, aims to limit the President's authority to modify duty rates for national security reasons and the U.S. Trade Representative's power to impose certain duties or import restrictions. The bill introduces procedural requirements, including mandatory consultations with Congress and reports from the International Trade Commission and the Secretary of Defense, before new duties can be imposed.
It also establishes a joint resolution of approval process for presidential duty proposals, requiring congressional authorization. An exception is provided for urgent actions related to national emergencies, allowing the President to impose duties for a limited period of 120 days without prior congressional approval.
The bill also amends Section 301 of the Trade Act of 1974 to require the U.S. Trade Representative to consult with Congress and the International Trade Commission before imposing duties or import restrictions.
Expected Effects
The bill, if enacted, would shift trade policy authority from the executive branch to Congress. This could lead to more predictable and potentially less unilateral trade actions by the United States.
It may also slow down the process of imposing new duties or import restrictions, as it introduces additional layers of review and approval. The exception for urgent actions provides the President with some flexibility to respond to immediate national security threats.
Potential Benefits
- Increased Congressional Oversight: Provides Congress with greater oversight and control over trade policy decisions.
- Economic Impact Assessments: Requires the International Trade Commission to assess the likely economic impact of proposed duties.
- Transparency and Consultation: Mandates consultation with relevant congressional committees and reporting requirements.
- Checks and Balances: Reinforces the system of checks and balances between the executive and legislative branches on trade matters.
- Potential for More Deliberate Trade Policy: Could lead to more carefully considered and less impulsive trade actions.
Potential Disadvantages
- Reduced Presidential Flexibility: Limits the President's ability to respond quickly to national security threats or trade imbalances.
- Potential for Political Gridlock: The joint resolution of approval process could be subject to political gridlock, delaying or preventing necessary trade actions.
- Increased Bureaucracy: Adds layers of bureaucracy and procedural requirements, potentially slowing down trade negotiations and responses.
- Uncertainty for Businesses: The increased involvement of Congress could create uncertainty for businesses engaged in international trade.
- Potential for Protectionism: Congressional involvement could lead to protectionist measures that harm consumers and the overall economy.
Constitutional Alignment
The bill's attempt to reassert Congressional authority over trade aligns with Article I, Section 8 of the Constitution, which grants Congress the power to regulate commerce with foreign nations. By requiring congressional approval for presidential actions on trade duties, the bill seeks to reinforce this constitutional principle.
The bill also establishes specific procedures for congressional review and approval, which is consistent with Congress's power to set its own rules and procedures. The exception for urgent action acknowledges the President's role in national security, but it is carefully circumscribed to prevent abuse.
Overall, the bill appears to be a legitimate exercise of Congress's constitutional authority to regulate trade and provide checks and balances on the executive branch.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).