Purpose

This Act restores Congress’s constitutional authority over tariffs and trade duties, reversing decades of delegated power to the Executive Branch under the Trade Act of 1974. It ensures that no tariff changes take effect without direct approval from Congress, strengthening accountability and transparency.

Why This Matters

• The U.S. Constitution (Article I, Section 8) clearly grants Congress—not the President—the power to set tariffs and collect duties.

• Since 1974, presidents of both parties have used expanded powers to impose tariffs unilaterally, often without congressional input.

• This bill rebalances power, bringing trade decisions back under the direct control of the people’s representatives.

Key Provisions

1. Repeal of Delegated Powers

• Strikes sections of the Trade Act of 1974 that allow presidents to impose, modify, or suspend tariffs without congressional approval.

• Ends “fast track” authority that bypasses normal congressional procedures for trade agreements.

2. Congressional Approval Required

• Tariffs, duties, or trade-related imposts can only be created, changed, or removed by an Act of Congress.

• Existing tariffs remain in place unless Congress votes to adjust them.

3. Executive Role Maintained, But Limited

• Presidents may still negotiate trade agreements with foreign nations.

• However, agreements that change tariffs or duties must be ratified by Congress through standard legislative procedure.

4. Effective Date

• Takes effect January 1, 2027, allowing time for transition.

Impact

• Restores Constitutional Balance: Reinforces Congress’s exclusive power to regulate trade and duties.

• Increases Accountability: Elected officials—not a single executive—must approve tariff changes.

• Strengthens Transparency: Trade policies will go through public congressional debate and voting.

• Predictability for Businesses: Reduces abrupt tariff changes driven by executive action alone.

118th CONGRESS

1st Session

A BILL
To restore congressional authority over the approval of tariffs and trade duties by repealing certain provisions of the Trade Act of 1974, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Congressional Tariff Authority Restoration Act of 2027.”

SEC. 2. FINDINGS AND PURPOSE.

Congress finds the following:

1. Article I, Section 8 of the Constitution vests in Congress the power “to lay and collect Taxes, Duties, Imposts, and Excises.”

2. Since the enactment of the Trade Act of 1974, successive administrations have exercised broad unilateral authority to adjust tariffs, impose duties, and enter trade agreements.

3. This delegation of authority has reduced congressional oversight and weakened accountability to the American people.

4. Restoring tariff and trade-duty authority to Congress is necessary to ensure transparency, constitutional balance, and proper representation of domestic economic interests.

Purpose.—The purpose of this Act is to repeal provisions of the Trade Act of 1974 that delegate tariff-making powers to the Executive Branch and reestablish the sole authority of Congress to approve tariffs.

SEC. 3. REPEAL OF EXECUTIVE AUTHORITY UNDER THE TRADE ACT OF 1974.

(a) Repeal.—The following provisions of the Trade Act of 1974 (19 U.S.C. 2101 et seq.) are repealed:

1. Title II, Part 1, relating to presidential authority to impose, modify, or suspend tariffs.

2. Title III, relating to trade agreement implementation procedures granting “fast track” or expedited authority.

3. Any other provision of the Trade Act of 1974 inconsistent with the congressional authority to approve tariffs.

(b) Termination of Delegated Authorities.—Any authority granted to the President under the Trade Act of 1974 to adjust tariffs, duties, or import restrictions shall cease to be effective on the date of enactment of this Act.

SEC. 4. CONGRESSIONAL APPROVAL REQUIRED FOR TARIFF CHANGES.

(a) In General.—No tariff, duty, or trade-related impost may be imposed, modified, or repealed except by an Act of Congress.

(b) Existing Tariffs.—Tariffs and duties in effect on the date of enactment shall remain in force unless changed by Congress under subsection (a).

SEC. 5. RULE OF CONSTRUCTION.

Nothing in this Act shall be construed to prevent the Executive Branch from negotiating trade agreements. However, no such agreement shall have legal effect with respect to tariffs or duties unless approved by Congress through regular legislative procedure.

SEC. 6. EFFECTIVE DATE.

This Act shall take effect as soon as passed.