Bipartisan Bill Introduced to Check President's Power on Trade Actions

Two pro-trade Democrats, a Freedom Caucus member and a retiring moderate Republican have banded together to introduce a bill meant to curtail executive power on trade proceedings. The bill would create a process similar to the Congressional Review Act, which allows Congress to nullify recently completed rulemakings, for trade measures. "It’s time that Congress steps up to the plate, and uses the powers granted by our Constitution to collaboratively shape U.S. trade policy,” lead sponsor Rep. Ron Kind, D-Wis., said in a statement announcing the bill's introduction May 10.

In addition to what the lawmakers call an expedited process for passing a resolution of disapproval on trade actions, the bill would require the president to give Congress an economic impact study of the action and anticipated retaliation from other countries. Currently Congress must approve free-trade agreements conducted under Trade Promotion Authority; this would extend congressional power to any import ban, tariff or quota setting, including under Section 232 and Section 301. It also would make it easier for Congress to stop an executive branch withdrawal from a free trade agreement.

"Congress must reassert its role in trade negotiations or the country will suffer the consequences," said Republican lead sponsor Charlie Dent, who is retiring from his Pennsylvania seat at the end of the year, in a news release. "Tariffs, and other barriers to entry, are more harmful than helpful to our national economic health." Rep. Gregory Meeks, D-N.Y., said the administration has demonstrated a lack of regard for Congress' role in international trade policy.

Kind recently sent a letter to the administration warning against sending a NAFTA rewrite over at the same time as a withdrawal from the current NAFTA (see 1805090034). On May 11, The Wall Street Journal published an opinion piece from Sen. Pat Toomey, R-Pa., which also warned against this tactic, and said he would vote no on the new NAFTA in that case. He said the president does not have the authority to exit NAFTA, since the trade deal required congressional legislation to be implemented.