I
119THCONGRESS
1
STSESSION H. R. 1903
To amend the Trade Expansion Act of 1962 to impose limitations on the
authority of the President to adjust imports that are determined to
threaten to impair national security, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH6, 2025
Mr. B
EYER(for himself, Ms. DELBENE, Mr. SCHNEIDER, Mr. PANETTA, Mr.
D
AVISof Illinois, and Ms. CHU) 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 amend the Trade Expansion Act of 1962 to impose
limitations on the authority of the President to adjust
imports that are determined to threaten to impair na-
tional security, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Congressional Trade 4
Authority Act of 2025’’. 5
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SEC. 2. LIMITATIONS ON AUTHORITY OF PRESIDENT TO AD-1
JUST IMPORTS DETERMINED TO THREATEN 2
TO IMPAIR NATIONAL SECURITY. 3
(a) L
IMITATION ONARTICLES FORWHICHACTION 4
M
AYBETAKEN.—Section 232 of the Trade Expansion 5
Act of 1962 (19 U.S.C. 1862) is amended— 6
(1) by striking ‘‘an article’’ each place it ap-7
pears and inserting ‘‘a covered article’’; 8
(2) by striking ‘‘any article’’ each place it ap-9
pears and inserting ‘‘any covered article’’; 10
(3) by striking ‘‘the article’’ each place it ap-11
pears and inserting ‘‘the covered article’’; 12
(4) in the first subsection (d), by striking ‘‘In 13
the administration’’ and all that follow through ‘‘na-14
tional security.’’; and 15
(5) by adding at the end the following: 16
‘‘(i) D
EFINITIONS.—In this section: 17
‘‘(1) C
OVERED ARTICLE.—The term ‘covered 18
article’ means an article related to the development, 19
maintenance, or protection of military equipment, 20
energy resources, or critical infrastructure essential 21
to national security. 22
‘‘(2) N
ATIONAL SECURITY.—The term ‘national 23
security’— 24
‘‘(A) means the protection of the United 25
States from foreign aggression; and 26
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‘‘(B) does not otherwise include the protec-1
tion of the general welfare of the United 2
States.’’. 3
(b) R
ESPONSIBILITY OF SECRETARY OF DEFENSE 4
FORINVESTIGATIONS.—Section 232(b) of the Trade Ex-5
pansion Act of 1962 (19 U.S.C. 1862(b)) is amended— 6
(1) in paragraph (1)— 7
(A) in subparagraph (A), by striking ‘‘the 8
Secretary of Commerce (hereafter in the section 9
referred to as the ‘Secretary’)’’ and inserting 10
‘‘the Secretary of Defense’’; and 11
(B) in subparagraph (B)— 12
(i) by striking ‘‘The Secretary’’ and 13
inserting ‘‘The Secretary of Defense’’; and 14
(ii) by striking ‘‘the Secretary of De-15
fense’’ and inserting ‘‘the Secretary of 16
Commerce’’; 17
(2) in paragraph (2)— 18
(A) in subparagraph (A)— 19
(i) in the matter preceding clause (i), 20
by striking ‘‘the Secretary’’ and inserting 21
‘‘the Secretary of Defense’’; and 22
(ii) in clause (i), by striking ‘‘the Sec-23
retary of Defense’’ and inserting ‘‘the Sec-24
retary of Commerce’’; and 25
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(B) by amending subparagraph (B) to read 1
as follows: 2
‘‘(B) Upon the request of the Secretary of 3
Defense, the Secretary of Commerce shall pro-4
vide to the Secretary of Defense an assessment 5
of the quantity of imports of any covered article 6
that is the subject of an investigation conducted 7
under this subsection and the circumstances 8
under which the covered article is imported.’’; 9
(3) in paragraph (3)— 10
(A) in subparagraph (A)— 11
(i) in the first sentence, by striking 12
‘‘the Secretary shall submit’’ and all that 13
follows through ‘‘recommendations of the 14
Secretary’’ and inserting ‘‘the Secretary of 15
Defense and the Secretary of Commerce 16
shall jointly submit to the President a re-17
port on the findings of the investigation 18
and, based on such findings, the rec-19
ommendations of the Secretary of Com-20
merce’’; and 21
(ii) in the second sentence, by striking 22
‘‘Secretary finds’’ and all that follows 23
through ‘‘Secretary shall’’ and inserting 24
‘‘Secretaries find that the covered article is 25
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being imported into the United States in 1
such quantities or under such cir-2
cumstances as to be a substantial cause of 3
a threat to impair the national security, 4
the Secretaries shall’’; and 5
(B) in subparagraph (B), by striking ‘‘by 6
the Secretary’’; and 7
(4) in paragraph (4), by striking ‘‘Secretary’’ 8
and inserting ‘‘Secretary of Defense’’. 9
(c) D
ETERMINATIONS OF PRESIDENT.—Section 10
232(c) of the Trade Expansion Act of 1962 (19 U.S.C. 11
1862(c)) is amended— 12
(1) in paragraph (1)— 13
(A) by striking subparagraph (B); 14
(B) in the matter preceding clause (i)— 15
(i) by striking ‘‘(A) Within’’ and in-16
serting ‘‘Within’’; and 17
(ii) by striking ‘‘in which the Sec-18
retary’’ and inserting ‘‘that’’; 19
(C) by redesignating clauses (i) and (ii) as 20
subparagraphs (A) and (B), respectively; 21
(D) in subparagraph (A), as redesignated 22
by subparagraph (C), by striking ‘‘of the Sec-23
retary’’; and 24
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(E) by amending subparagraph (B), as re-1
designated by subparagraph (C), to read as fol-2
lows: 3
‘‘(B) if the President concurs, submit to 4
Congress, not later than 15 days after making 5
that determination, a proposal regarding the 6
nature and duration of the action that, in the 7
judgment of the President, should be taken to 8
adjust the imports of the covered article and its 9
derivatives so that such imports will not be a 10
substantial cause of a threat to impair the na-11
tional security.’’; and 12
(2) by striking paragraphs (2) and (3) and in-13
serting the following: 14
‘‘(2) The President shall submit to Congress for 15
review under subsection (f) a report describing the 16
action proposed to be taken under paragraph (1) 17
and specifying the reasons for such proposal. Such 18
report shall be included in the report published 19
under subsection (e).’’. 20
(d) C
ONGRESSIONAL APPROVAL OFPRESIDENTIAL 21
A
DJUSTMENT OF IMPORTS.—Section 232(f) of the Trade 22
Expansion Act of 1962 (19 U.S.C. 1862(f)) is amended 23
to read as follows: 24
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‘‘(f) CONGRESSIONALAPPROVAL OFPRESIDENTIAL 1
A
DJUSTMENT OF IMPORTS; JOINTRESOLUTION OFAP-2
PROVAL.— 3
‘‘(1) I
N GENERAL.—An action to adjust imports 4
proposed by the President in a report submitted to 5
Congress under subsection (c)(2) shall have force 6
and effect only if, during the period of 60 calendar 7
days beginning on the date on which the report is 8
submitted, a joint resolution of approval is enacted 9
pursuant to paragraph (2). 10
‘‘(2) J
OINT RESOLUTIONS OF APPROVAL .— 11
‘‘(A) J
OINT RESOLUTION OF APPROVAL 12
DEFINED.—In this subsection, the term ‘joint 13
resolution of approval’ means only a joint reso-14
lution of either House of Congress— 15
‘‘(i) the title of which is as follows: ‘A 16
joint resolution approving the proposal of 17
the President to take an action relating to 18
the adjustment of imports entering into 19
the United States in such quantities or 20
under such circumstances as to threaten or 21
impair the national security.’; and 22
‘‘(ii) the sole matter after the resolv-23
ing clause of which is the following: ‘Con-24
gress approves of the proposal of the Presi-25
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dent relating to the adjustment of imports 1
to protect the national security as de-2
scribed in the report submitted to Con-3
gress under section 232(c)(2) of the Trade 4
Expansion Act of 1962 (19 U.S.C. 5
1862(c)(2)) on lllll relating to 6
lllll .’, with the first blank space 7
being filled with the appropriate date and 8
the second blank space being filled with a 9
short description of the proposed action. 10
‘‘(B) I
NTRODUCTION.—During the period 11
of 60 calendar days provided for under para-12
graph (1), a joint resolution of approval may be 13
introduced in either House by any Member. 14
‘‘(C) C
ONSIDERATION IN HOUSE OF REP -15
RESENTATIVES.— 16
‘‘(i) C
OMMITTEE REFERRAL .—A joint 17
resolution of approval introduced in the 18
House of Representatives shall be referred 19
to the Committee on Ways and Means. 20
‘‘(ii) R
EPORTING AND DISCHARGE .— 21
If the Committee on Ways and Means has 22
not reported the joint resolution of ap-23
proval within 10 calendar days after the 24
date of referral, the Committee shall be 25
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discharged from further consideration of 1
the joint resolution. 2
‘‘(iii) P
ROCEEDING TO CONSIDER -3
ATION.—Beginning on the third legislative 4
day after the Committee on Ways and 5
Means reports the joint resolution of ap-6
proval to the House or has been discharged 7
from further consideration thereof, it shall 8
be in order to move to proceed to consider 9
the joint resolution in the House. All 10
points of order against the motion are 11
waived. Such a motion shall not be in 12
order after the House has disposed of a 13
motion to proceed on the joint resolution. 14
The previous question shall be considered 15
as ordered on the motion to its adoption 16
without intervening motion. The motion 17
shall not be debatable. A motion to recon-18
sider the vote by which the motion is dis-19
posed of shall not be in order. 20
‘‘(iv) F
LOOR CONSIDERATION .—The 21
joint resolution of approval shall be consid-22
ered as read. All points of order against 23
the joint resolution and against its consid-24
eration are waived. The previous question 25
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shall be considered as ordered on the joint 1
resolution to final passage without inter-2
vening motion except 2 hours of debate 3
equally divided and controlled by the spon-4
sor of the joint resolution (or a designee) 5
and an opponent. A motion to reconsider 6
the vote on passage of the joint resolution 7
shall not be in order. 8
‘‘(D) C
ONSIDERATION IN THE SENATE .— 9
‘‘(i) C
OMMITTEE REFERRAL .—A joint 10
resolution of approval introduced in the 11
Senate shall be referred to the Committee 12
on Finance. 13
‘‘(ii) R
EPORTING AND DISCHARGE .— 14
If the Committee on Finance has not re-15
ported the joint resolution of approval 16
within 10 calendar days after the date of 17
referral of the joint resolution, the Com-18
mittee shall be discharged from further 19
consideration of the joint resolution and 20
the joint resolution shall be placed on the 21
appropriate calendar. 22
‘‘(iii) P
ROCEEDING TO CONSIDER -23
ATION.—Notwithstanding Rule XXII of 24
the Standing Rules of the Senate, it is in 25
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order at any time after the Committee on 1
Finance reports a joint resolution of ap-2
proval or has been discharged from consid-3
eration of such a joint resolution to move 4
to proceed to the consideration of the joint 5
resolution. The motion to proceed is not 6
debatable. The motion is not subject to a 7
motion to postpone. A motion to reconsider 8
the vote by which the motion is agreed to 9
or disagreed to shall not be in order. 10
‘‘(iv) R
ULINGS OF THE CHAIR ON 11
PROCEDURE.—Appeals from the decisions 12
of the Chair relating to the application of 13
the rules of the Senate to the procedure re-14
lating to a joint resolution of approval 15
shall be decided by the Senate without de-16
bate. 17
‘‘(E) T
REATMENT OF HOUSE JOINT RESO -18
LUTION IN SENATE.— 19
‘‘(i) C
OMMITTEE REFERRAL .—Except 20
as provided in clause (ii), a joint resolution 21
of approval that has passed the House of 22
Representatives shall, when received in the 23
Senate, be referred to the Committee on 24
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Finance for consideration in accordance 1
with subparagraph (D). 2
‘‘(ii) C
ONSIDERATION OF HOUSE RES -3
OLUTION.—If a joint resolution of approval 4
was introduced in the Senate before receipt 5
of a joint resolution of approval that has 6
passed the House of Representatives— 7
‘‘(I) the joint resolution from the 8
House of Representatives shall, when 9
received in the Senate, be placed on 10
the calendar; and 11
‘‘(II) the procedures in the Sen-12
ate with respect to a joint resolution 13
of approval introduced in the Senate 14
shall be the same as if no joint resolu-15
tion of approval had been received 16
from the House of Representatives, 17
except that the vote on passage in the 18
Senate shall be on the joint resolution 19
that passed the House of Representa-20
tives. 21
‘‘(iii) H
OUSE RESOLUTION RECEIVED 22
AFTER PASSAGE BY SENATE .—If the Sen-23
ate passes a joint resolution of approval 24
before receiving a joint resolution of ap-25
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proval from the House of Representatives, 1
the joint resolution of the Senate shall be 2
held at the desk pending receipt of the 3
joint resolution from the House of Rep-4
resentatives. Upon receipt of the joint reso-5
lution of approval from the House of Rep-6
resentatives, such joint resolution shall be 7
deemed to be read twice, considered, read 8
the third time, and passed. 9
‘‘(iv) C
ONSIDERATION OF HOUSE RES -10
OLUTION IF NO RESOLUTION INTRODUCED 11
IN SENATE.—If the Senate receives a joint 12
resolution of approval from the House of 13
Representatives, and no joint resolution of 14
approval has been introduced in the Sen-15
ate, the procedures described in subpara-16
graph (D) shall apply to consideration of 17
the joint resolution of the House. 18
‘‘(F) R
ULES OF HOUSE OF REPRESENTA -19
TIVES AND SENATE .—This paragraph is en-20
acted by Congress— 21
‘‘(i) as an exercise of the rulemaking 22
power of the Senate and the House of Rep-23
resentatives, respectively, and as such is 24
deemed a part of the rules of each House, 25
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respectively, and supersedes other rules 1
only to the extent that it is inconsistent 2
with such rules; and 3
‘‘(ii) with full recognition of the con-4
stitutional right of either House to change 5
the rules (so far as relating to the proce-6
dure of that House) at any time, in the 7
same manner, and to the same extent as in 8
the case of any other rule of that House.’’. 9
(e) E
XCLUSIONPROCESS; REPORT.—Section 232 of 10
the Trade Expansion Act of 1962 (19 U.S.C. 1862) is 11
amended by inserting after subsection (f) the following: 12
‘‘(g) A
DMINISTRATION OFEXCLUSIONPROCESS.— 13
‘‘(1) I
N GENERAL.—The United States Inter-14
national Trade Commission shall administer a proc-15
ess for granting requests for the exclusion of covered 16
articles from any actions, including actions to im-17
pose duties or quotas, taken by the President under 18
subsection (c). 19
‘‘(2) R
EQUIREMENTS.—In administering the 20
process required by paragraph (1), the International 21
Trade Commission shall— 22
‘‘(A) consider, when determining whether 23
to grant an exclusion with respect to a covered 24
article, if— 25
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‘‘(i) the covered article is produced in 1
the United States and is of sufficient qual-2
ity, available in sufficient quantities, and 3
available on a reasonable timeframe; 4
‘‘(ii) the failure to grant the exclusion 5
would result in severe economic harm; and 6
‘‘(iii) the failure to grant the exclusion 7
would impair the ability of the United 8
States to maintain effective pressure to re-9
move an unreasonable or discriminatory 10
practice burdening United States com-11
merce, and further if the International 12
Trade Commission determines that— 13
‘‘(I) the article or a reasonable 14
substitute is not commercially avail-15
able to person requesting an exclusion 16
under paragraph (1) with respect to a 17
covered article; 18
‘‘(II) the imposition of the duty 19
with respect to the article would un-20
reasonably increase consumer prices 21
for day-to-day items consumed by low- 22
or middle-income families in the 23
United States; 24
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‘‘(III) the imposition of the duty 1
would have an unreasonable impact on 2
manufacturing output of the United 3
States; 4
‘‘(IV) the imposition of the duty 5
would have an unreasonable impact on 6
the ability of an entity to fulfill con-7
tracts or to build critical infrastruc-8
ture; or 9
‘‘(V) the failure to grant the ex-10
clusion is likely to result in a par-11
ticular entity or entities having the 12
ability to abuse a dominant market 13
position; and 14
‘‘(B) ensure that an exclusion granted with 15
respect to a covered article is available to any 16
person that imports the covered article; 17
‘‘(C) not disclose business proprietary in-18
formation; and 19
‘‘(D) establish guidelines to provide for— 20
‘‘(i) the maximum period of time that 21
an exclusion will be in effect; 22
‘‘(ii) applications for renewal of an ex-23
clusion; and 24
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‘‘(iii) written reasoning to a person 1
that has requested an exclusion that the 2
International Trade Commision has de-3
nied. 4
‘‘(3) P
UBLICATION OF PROCEDURES .—The 5
International Trade Commission shall publish in the 6
Federal Register and make available on a publicly 7
available internet website of the Commission a de-8
scription of the procedures to be followed by a per-9
son requesting an exclusion under paragraph (1) 10
with respect to a covered article. 11
‘‘(h) R
EPORT BYINTERNATIONAL TRADECOMMIS-12
SION.—Not later than 18 months after the President 13
takes action under subsection (c) to adjust imports of a 14
covered article, the International Trade Commission shall 15
submit to Congress a report assessing the effects of the 16
action on— 17
‘‘(1) the industry to which the covered article 18
relates; and 19
‘‘(2) the overall economy of the United States. 20
‘‘(i) A
UDIT.—The Comptroller General of the United 21
States shall conduct an audit on an annual basis of the 22
exclusion process established under subsection (g)(1).’’. 23
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(f) SUNSET.—Section 232 of the Trade Expansion 1
Act of 1962 (19 U.S.C. 1862), as amended by this section, 2
is further amended by adding at the end the following: 3
‘‘(i) S
UNSET.—Notwithstanding any other provision 4
of this section, an action to adjust imports by the Presi-5
dent in a report submitted to Congress under subsection 6
(c)(2) with respect to a covered article shall terminate not 7
later than the date that is three years after the date of 8
the enactment of a joint resolution required by subsection 9
(f) with respect to such action.’’. 10
(g) C
ONFORMINGAMENDMENTS.—Section 232 of the 11
Trade Expansion Act of 1962 (19 U.S.C. 1862), as 12
amended by this section, is further amended— 13
(1) in the first subsection (d), by striking ‘‘the 14
Secretary and the President’’ each place it appears 15
and inserting ‘‘the Secretary of Defense, the Sec-16
retary of Commerce, and the President’’; 17
(2) by redesignating the second subsection (d) 18
as subsection (e); and 19
(3) in paragraph (1) of subsection (e), as redes-20
ignated by paragraph (2), by striking ‘‘the Sec-21
retary’’ and inserting ‘‘the Secretary of Defense’’. 22
(h) E
FFECTIVEDATE.—Except as provided by sub-23
section (h), the amendments made by this section shall 24
apply with respect to any proposed action under section 25
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232(c) of the Trade Expansion Act of 1962 (19 U.S.C. 1
1862(c)) on or after the date that is 6 years before the 2
date of the enactment of this Act. 3
(i) T
RANSITIONRULES.— 4
(1) A
PPROVAL PROCESS FOR ACTIONS TAKE BE -5
FORE DATE OF ENACTMENT .— 6
(A) I
N GENERAL.—If, during the period 7
specified in paragraph (2), the President makes 8
a determination described in subsection (c) of 9
section 232 of the Trade Expansion Act of 10
1962, as in effect on the day before the date of 11
the enactment of this Act, to take action with 12
respect to an article— 13
(i) not later than 15 days after such 14
date of enactment, the President shall re-15
submit to Congress the report required 16
under that section with respect to the ac-17
tion; and 18
(ii) the action shall have force and ef-19
fect after the day that is 75 days after 20
such date of enactment only if, during the 21
period of 60 calendar days beginning on 22
the date on which the report is resubmitted 23
under clause (i), a joint resolution of ap-24
proval is enacted pursuant to subsection 25
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(f)(2) of the Trade Expansion Act of 1962, 1
as amended by this section, with respect to 2
the action. 3
(B) N
ONAPPLICABILITY OF DEFINI -4
TIONS.—Subparagraph (A) shall apply with re-5
spect to an action without regard to whether 6
the article to which the action relates is a cov-7
ered article (as defined in subsection (i) of sec-8
tion 232 of the Trade Expansion Act of 1962, 9
as added by this section). 10
(2) P
ERIOD SPECIFIED.—The period specified 11
in this paragraph is the period beginning on the date 12
that is 9 years before the date of the enactment of 13
this Act and ending on the day before such date of 14
enactment. 15
(3) A
DMINISTRATION OF EXCLUSION PROC -16
ESS.—In the case of an action with respect to which 17
a resolution of approval is enacted as required by 18
paragraph (1)(A)(ii), the Secretary of Commerce 19
shall continue to administer the process established 20
before the date of the enactment of this Act for 21
granting requests for the exclusion of articles from 22
the action. 23
(4) I
NTERNATIONAL TRADE COMMISSION RE -24
PORT.—Not later than 180 days after the date of 25
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the enactment of this Act, the United States Inter-1
national Trade Commission shall submit to Congress 2
a report described in subsection (h) of section 232 3
of the Trade Expansion Act of 1962, as added by 4
this section, relating to each action taken under sub-5
section (c) of section 232 of the Trade Expansion 6
Act of 1962, as in effect on the day before such date 7
of enactment, during the period specified in para-8
graph (2). 9
(5) T
ERMINATION OF ACTIONS NOT AP -10
PROVED.— 11
(A) I
N GENERAL.—An action described in 12
subparagraph (B) shall terminate on the day 13
that is 75 days after the date of the enactment 14
of this Act. 15
(B) A
CTION DESCRIBED.—An action de-16
scribed in this subparagraph is an action with 17
respect to which— 18
(i) the President made a determina-19
tion described in subsection (c) of section 20
232 of the Trade Expansion Act of 1962, 21
as in effect on the day before the date of 22
the enactment of this Act, during the pe-23
riod specified in paragraph (2); and 24
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•HR 1903 IH
(ii) a joint resolution of approval is 1
not enacted as required by paragraph 2
(1)(A)(ii). 3
(C) M
ODIFICATION OF DUTY RATE 4
AMOUNTS.— 5
(i) I
N GENERAL.—Any rate of duty 6
modified under section 232(c) of the Trade 7
Expansion Act of 1962, as in effect on the 8
day before the date of the enactment of 9
this Act, pursuant to an action described 10
in subparagraph (B) shall, on the day that 11
is 75 days after the date of the enactment 12
of this Act, revert to the rate of duty in ef-13
fect before such modification. 14
(ii) R
ETROACTIVE APPLICATION FOR 15
CERTAIN LIQUIDATIONS AND RELIQUIDA -16
TIONS.— 17
(I) I
N GENERAL.—Subject to 18
subclause (II), an entry of an article 19
shall be liquidated or reliquidated as 20
though such entry occurred on the 21
date that is 75 days after the date of 22
the enactment of this Act if— 23
(aa) the rate of duty appli-24
cable to the article was modified 25
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•HR 1903 IH
pursuant to an action described 1
in subparagraph (B); and 2
(bb) a lower rate of duty 3
would be applicable due to the 4
application of clause (i). 5
(II) R
EQUESTS.—A liquidation 6
or reliquidation may be made under 7
subclause (I) with respect to an entry 8
only if a request therefor is filed with 9
U.S. Customs and Border Protection 10
not later than 255 days after the date 11
of the enactment of this Act that con-12
tains sufficient information to enable 13
U.S. Customs and Border Protec-14
tion— 15
(aa) to locate the entry; or 16
(bb) to reconstruct the entry 17
if it cannot be located. 18
(III) P
AYMENT OF AMOUNTS 19
OWED.—Any amounts owed by the 20
United States pursuant to the liquida-21
tion or reliquidation of an entry of an 22
article under subclause (I) shall be 23
paid, without interest, not later than 24
90 days after the date of the liquida-25
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•HR 1903 IH
tion or reliquidation (as the case may 1
be). 2
(iii) E
NTRY DEFINED.—In this para-3
graph, the terms ‘‘entry’’ includes a with-4
drawal from warehouse for consumption. 5
Æ
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