
The Oregon Democrat's bill would require Congress to approve tariffs under the main trade authorities and eliminate two older laws. The measure faces a steep climb in a Republican-controlled Congress.
Sen. Ron Wyden introduced legislation Wednesday that would require President Donald Trump to get congressional approval before imposing most tariffs. The Oregon Democrat's bill targets the executive branch's broad trade powers after Trump announced 50% retaliatory tariffs on Canadian goods.
"Donald Trump has abused every trade authority at his disposal, and he is now excavating a law from the Great Depression to once again impose vast, unilateral tariffs on products from one of our closest allies and trading partners," Wyden, the top Democrat on the Senate Finance Committee, said in a statement.
The bill, called the Congressional Trade Powers Reform Act of 2026, would require approval from Congress for tariffs under two of the three main authorities presidents have used. One is Section 301 of the Trade Act of 1974, which lets the executive branch impose tariffs in response to foreign trade practices the U.S. views as unfair. Another is Section 232 of the Trade Expansion Act of 1962, which allows tariffs on national security grounds. The bill also covers tariffs under Section 201 of the 1974 law, which lets the president act when the U.S. International Trade Commission finds surging imports seriously threaten a domestic industry.
Wyden's bill would also eliminate two older tariff authorities he called outdated: Section 122 of the 1974 trade law, which grants the president tariff powers involving international payments problems, and Section 338 of the Tariff Act of 1930, which allows duties up to 50% on goods from countries found to discriminate against the U.S.
The legislation would create a joint congressional committee on tariffs and trade. The president would submit tariff proposals to the committee, which would have five members each from the Senate Finance Committee and the House Ways and Means Committee. The panel would have up to 30 days to review the proposal and decide whether to recommend a vote on a joint resolution.
The bill would also shift the Office of the U.S. Trade Representative out of the Executive Office of the President, making it a separate agency with its own inspector general.
The White House did not immediately respond to a request for comment on Wyden's bill.
Republicans hold majorities in both chambers of Congress. The bill would need Republican support to pass, and even if it did, Trump could veto it. Congress has delegated significant tariff authority to the executive branch over decades. Wyden's bill aims to reverse that trend.
The U.S. Constitution gives Congress the power to impose tariffs. Over time lawmakers have granted the president broad statutory authority to set import duties. Wyden's bill targets the statutes that have enabled that delegation.
Trump's 50% tariff on Canadian goods, announced Tuesday, uses a rarely invoked provision from the Tariff Act of 1930. The bill targets exactly that kind of authority. Wyden said the tariff would raise costs for American families and small businesses.
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