Press Releases

Today, Representatives Suzan DelBene (WA-01) and Don Beyer (VA-08) reintroduced the Congressional Trade Authority Act, legislation that would require the president to submit to Congress any proposal to adjust tariffs under Section 232 of the Trade Expansion Act. DelBene and Beyer reintroduced the bill in response to the economic chaos of President Trump’s rapidly changing tariff regime, which threatens to spark trade wars with close American allies. Trump used Section 232 powers to impose or threaten tariffs on aluminum, lumber, steel, and copper imports, driving aluminum prices to record highs and raising housing costs.

“We have already seen the president exploit the limited authorities Congress has given him to start a trade war and threaten Washington’s economy. Section 232 tariffs are ripe for abuse in the same way he has imposed tariffs on our allies under the guise of a national emergency. No president should be able to increase taxes on American families and businesses without a vote in Congress. This legislation makes that clear,” said DelBene.

“Donald Trump is drunk on power and unleashing economic chaos on the country and the world. But the powers which intoxicated him were given to Congress under the Constitution, and Congress must take the power over trade policy back to prevent economic disaster and protect America’s most important alliances,” said Beyer. “Section 232 national security tariffs were historically used sparingly and strategically until Trump, who has grossly abused them. Congress must put a stop to this madness. Our legislation would prevent the abuse of national security authorities to impose tariffs without clear objectives and without Congressional approval for this and future administrations.”

The legislation is cosponsored by Representatives Brad Schneider (IL-10), Jimmy Panetta (CA-19), Danny Davis (IL-07), and Judy Chu (CA-28).

The Congressional Trade Authority Act, along with the recently reintroduced Prevent Tariff Abuse Act, legislation from DelBene and Beyer to reassert congressional trade authorities over tariffs imposed under the International Emergency Economic Powers Act (IEEPA), would significantly rein in presidential abuses of tariff powers and restore authority over trade to Congress, as the framers of the Constitution intended.

“As President Trump moves to impose the largest tax increase in at least a generation through the inappropriate use of tariffs, it is more important than ever that Congress reclaim its Constitutional authority over the power of the purse. Tariffs are a tool that should be used sparingly, with due consideration for the collateral damage that tariffs bring to US consumers, US industries, US exports, and international relations,” said Kimberly Clausing, Eric M. Zolt Professor of Tax Law and Policy, UCLA School of Law.

“National Taxpayers Union has long supported the Congressional Trade Authority Act, which we have previously included in our annual list of ‘no-brainer’ bills for Congress to pass. Article I, Section 8 of the Constitution gives Congress the authority to lay duties and regulate foreign commerce. This legislation would restore the role of Congress with respect to Section 232 ‘national security’ investigations and reduce ongoing trade uncertainty that weakens our industrial base,” said Bryan Riley, Director, Free Trade Initiative, National Taxpayers Union.

“The National Foreign Trade Council welcomes the re-introduction of the Congressional Trade Authority Act by Rep. Beyer and other Ways & Means colleagues. This important legislation makes commonsense changes to Section 232 that will ensure its use is closely linked to national security interests and provide greater predictability and transparency for importers and affected industries,” said Tiffany Smith, Vice President for Global Trade Policy, National Foreign Trade Council.

"Representatives Beyer and DelBene are absolutely right in requiring Congressional approval for any tariff action taken under a ‘national security’ headline. The Constitution gives Congress power to regulate foreign commerce without ambiguity and with good reason. If a president can use ‘national security’ declarations to create their own system of tariffs or other taxes, and impose whatever rates they wish, Americans will be at constant risk of sudden price hikes on everything from groceries to personal vehicles, in addition to job losses and business failures in agriculture and manufacturing as U.S. goods become vulnerable to retaliation and consumer boycotts abroad,” said Ed Gresser, Vice President and Director for Trade and Global Markets, Progressive Policy Institute.

The Congressional Trade Authority Act would require that any potential tariffs under Section 232 be submitted to Congress and taken up within 60 days via an expedited procedure to ensure timely consideration. The legislation would also be retroactive and would apply to previous 232 actions dating back to the first Trump Administration. The bill would redefine the currently overly broad national security designation for 232 investigations to goods involving military equipment, energy resources, and critical infrastructure while also transferring investigative authority to the Department of Defense. Lastly, it would streamline the exclusions process for future 232 actions to ensure that affected domestic industries can receive timely relief.

Historically, Section 232 actions have been narrow in scope, targeting a few imports with a clear security application from specific countries such as Iran and Libya. However, beginning under Donald Trump in 2018, Section 232 has been used much more broadly to impose sweeping 25% tariffs on foreign steel and now 25% tariffs on imported aluminum. More recently, the authority has been used to target imported lumber as well. Such wide-ranging Section 232 actions have been economically disruptive and have severely damaged U.S. relationships with allies.

Text of the bill is available here and a one-pager can be found here.