Press Releases

Today, Representatives Suzan DelBene (WA-01) Brad Schneider (IL-10), Terri Sewell (AL-07), Don Beyer (VA-08), and Jimmy Panetta (CA-19) introduced the Repealing Outdated and Unilateral Tariff Authorities Act, legislation which would repeal Section 338 of the Tariff Act of 1930, an outdated and ripe-for-abuse tool that President Trump is threatening to use to destabilize global trade.

Recent media reports have suggested that President Trump may use this section of the law to impose reciprocal tariffs on U.S. allies on April 2, 2025. This Great Depression-era provision gives the president unilateral authority to impose up to 50 percent tariffs in response to “discriminatory behavior” by U.S. trading partners, which is undefined and could easily be abused by a president to coerce our allies. Section 338 does not require the president to consult with Congress before imposing tariffs or publicly disclose the evidence supporting the decision.

“President Trump has already exploited the law to ramp up his trade war with some of our closest allies and trading partners,” said DelBene. “This legislation would prevent him from imposing sweeping tariffs on American consumers through yet another previously unused and untested law without first getting a vote in Congress.”

“Since taking office, President Trump has taken a reckless, arbitrary, and punitive approach to trade policy that will only hurt American consumers, American companies, and the entire U.S. economy,” said Schneider. “Tariffs, when used strategically, can be an important tool in defending U.S. economic interests – but that’s far from the sledgehammer and whipsaw approach President Trump has so far shown to be the only way he knows. Congress must exercise its constitutional responsibilities and step in to put a check on the President’s authority to punish our small businesses, retirement accounts, and economy. That’s what the Repealing Outdated and Unilateral Tariff Authorities Act will do – it removes a dangerous, never-before-used tool, Section 338 of the Tariff Act of 1930, from President Trump’s arsenal and reclaims Congress’s trade authority.”

“In a few short months, President Trump has abused multiple trade authorities as he initiates trade wars with our allies,” said Rep. Sewell. “Congress must act to draw back trade authorities from this administration in order to protect American consumers, farmers, and manufacturers from President Trump’s reckless trade agenda. I am proud to join my colleagues in this effort to strengthen our checks against this administration.”

"The Trump administration's economically and reputationally destructive abuse of existing trade authorities has made it plain that even as-yet unused executive authorities like Section 338 present an unacceptable risk to our economy. Repealing this authority is an important step in a necessary and overdue reassertion of Congress' constitutional role in trade policy,” said Beyer.

“Ensuring that our trade policies are fair and effective means removing outdated and unnecessary tariff authorities that could be misused,” said Panetta. “Our legislation would take a commonsense step to eliminate Section 338, an untested and excessive authority that is redundant to existing trade enforcement tools and potentially dangerous to our economy. I’m proud to support this effort to bring more certainty and balance to our trade policies.”

A copy of the bill text can be found here.

DelBene previously introduced the Prevent Tariff Abuse Act, the Congressional Trade Authorities Act with Representative Beyer, and Resolutions Terminating the Canada and Mexico Tariffs.