President Donald Trump’s announcement of sweeping global tariffs has met with resistance from Republicans and Democrats. Now, the GOP-dominated Senate is considering a measure that would limit the president’s ability to impose new tariffs.
Sens. Chuck Grassley (R-IA) and Maria Cantwell (D-WA) introduced a bill on Thursday to rein in Trump’s tariffs. The measure would impose a check on the executive branch’s authority to implement duties.
If passed, the bill would empower Congress to kill or approve proposed tariffs. The objective is to restore congressional oversight over these types of actions.
The bill mandates that the president inform Congress of imposing or increasing any import duty.
Not later than 48 hours after imposing or increasing a duty with respect to an article imported into the United States, the President shall submit to Congress a notification of the imposition of or increase.
The president would also have to provide “an explanation of the reasoning for imposing or increasing the duty” and “an assessment of the potential impact of imposing or increasing the duty on United States businesses and consumers.”
If Congress does not act on the president’s notification within 60 days of being informed of a new or increased tariff, it will automatically expire under the proposed legislation.
Any duty on an article imported into the United States shall remain in effect for a period of not more than 60 days, unless there is enacted into law a joint resolution of approval with respect to the duty under subsection (e).” (Sec. 155(b))
Congress could also pass a joint resolution of disapproval nullifying a duty even if it has been enacted.
The bill includes exemptions for tariffs related to antidumping and countervailing measures under the Tariff Act of 1930, also known as the Smoot-Hawley Tariff Act. Antidumping measures refer to tariffs on imports that are “dumped” into the U.S. market by being priced lower than their normal value. A countervailing measure is a duty placed on foreign goods subsidized by foreign governments. The objective of this tactic is to give foreign producers an unfair advantage over American corporations.
The bill lays out a procedural framework for lawmakers to introduce and pass resolutions of approval or disapproval.
Grassley released a statement touting the bill. “For too long, Congress has delegated its clear authority to regulate interstate and foreign commerce to the executive branch,” he said.
Sen. Cantwell noted that ‘Trade wars can be as devastating, which is why the Founding Fathers gave Congress the clear Constitutional authority over war and trade.”
This bill reasserts Congress’s role over trade policy to ensure rules-based trade policies are transparent, consistent, and benefit the American public. Arbitrary tariffs, particularly on our allies, damage U.S. export opportunities and raise prices for American consumers and businesses.
The bill might have some support among other senators. Sen. Thom Tillis (R-NC) told NBC News that he would likely vote for the measure if it comes up for a vote. “I like congressional review … In trade, it’s a good example,” he said.
This comes after the Senate voted 51-48 to block President Trump’s tariffs on Canada. Four Republican senators joined with Democrats in the vote.
The imposition of tariffs typically falls under the purview of the legislative branch. The U.S. Constitution grants Congress the authority “to lay and collect Taxes, Duties, Imposts and Excises” and “to regulate Commerce with foreign Nations.”
However, the executive branch also has the power to place duties on imports under certain circumstances. The Trade Expansion Act of 1962 gave the president to ability to adjust or levy tariffs in situations such as national security threats or economic emergencies.