Hoping to avert a heightening trade war between the United States and China, U.S. Rep. Leonard Lance (R-NJ) and a team of bipartisan lawmakers have introduced legislation mirroring a U.S. Senate bill that would reiterate the authority Congress has under the U.S. Constitution over trade and tariffs.
“Congress needs to step in before tariff overreach stalls our strong economy,” said Rep. Lance, an original cosponsor of the newly introduced H.R. 6337. “In global trade wars, the only casualties are American jobs and American consumers.”
China on Monday said it has filed a complaint to the World Trade Organization (WTO) challenging U.S. President Donald Trump’s proposed tariffs on $200 billion worth of Chinese goods, made in response to allegations from American companies that China steals and pressures them to turn over their technologies. The U.S. Trade Representative recently proposed this second tariff increase following a measure targeting $34 billion worth of Chinese goods that went into effect on July 6.
Also on July 16, according to Law360, the Trump administration filed five WTO complaints against some of its most significant trading partners, including China, alleging that the countries’ governments have violated international rules by retaliating against the White House’s national security tariffs on steel and aluminum.
The new bipartisan H.R. 6337, introduced on July 12 by U.S. Rep. Mike Gallagher (R-WI), would require any such tariff changes proposed by the president through Section 232 of the Trade Expansion Act to first be submitted to Congress for approval.
In addition to Rep. Lance, H.R. 6337 has 10 other original cosponsors, including U.S. Reps. Ryan Costello (R-PA) and Ron Kind (D-WI) among a total of 16 cosponsors, who include U.S. Rep. Darin LaHood (R-IL).
“This legislation will bring a much-needed constitutional balance to our U.S. trade policies by requiring congressional approval of all tariffs designated under Section 232 to ensure proper oversight and prudence at the intersection of trade and national security,” Rep. Lance said last week after introducing the measure.
H.R. 6337 is identical to S. 3013, introduced June 6 by U.S. Sen. Bob Corker (R-TN). The Senate bill has 15 cosponsors, including U.S. Sens. Jerry Moran (R-KS) and Heidi Heitkamp (D-ND).
Both versions would amend the Trade Expansion Act of 1962 to require congressional approval before the president adjusts imports that are determined to threaten to impair national security, according to the congressional record summary. Under Article 1, Section 7 of the Constitution, all bills for raising revenue in the United States must originate in the House of Representatives; but the Senate may propose or concur with any amendments, as it does on other bills.
Section 232 of the Trade Expansion Act empowers the president to impose tariffs against countries deemed a national security threat by the administration, according to a July 12 statement provided by Rep. Lance’s staff. Such power is too broad, according to Rep. Lance and his colleagues, who think it will inevitably lead to presidential overreach, according to the statement.
Under H.R. 6337, according to the statement, members of Congress would have a 60-day period following submission to review any of the president’s proposals, which would qualify for expedited consideration in both chambers. The requirement would apply to all future Section 232 actions, in addition to those taken in the last two years, according to the draft text of the bill.
“Members of Congress have criticized excessive delegation to the executive branch for years, across multiple administrations,” Rep. Gallagher said. “The founders deliberately placed the duty to set trade policy with Congress, and we cannot shirk that responsibility. I urge my colleagues to support this bill and help restore that responsibility to where the founders first placed it.”
Rep. Kind, the lead Democrat on H.R. 6337, pointed out that Wisconsin farmers, workers and families in his home state rely on open markets and certainty in global trade.
“Unfortunately, the administration is putting misguided policies ahead of the success of Wisconsinites, under dubious legal justification and threatening American standing abroad,” said Rep. Kind. “Trade authorities clearly belong to Congress – as explicitly stated in the Constitution – and I strongly encourage my colleagues to step up and take their role in leveling the playing field seriously.”
A recent letter from more than 270 national, state and local U.S. business organizations sent to the Senate in support of S. 3013, also restated Congress’s exclusive authority to regulate foreign trade and levy taxes, including tariffs. “The current circumstances highlight the need for Congress to ensure that the authority will be used, as intended by the Congress, in the overall national interest,” the signers wrote.
H.R. 6337 has been referred to the U.S. House Ways and Means Committee and the House Rules Committee. S. 3013 is under consideration by the U.S. Senate Finance Committee.