Prevent Tariff Abuse Act

Bill Number

H.R. 407

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Foreign Trade and International Finance

Status

Introduced

Latest Action

2025-01-15: Referred to the Committee on Foreign Affairs, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Last Updated

2026-06-25T08:07:41Z

AI-Generated Summary

Purpose

The "Prevent Tariff Abuse Act" (H.R. 407) aims to limit the President's authority under the International Emergency Economic Powers Act (IEEPA) by explicitly prohibiting the use of emergency powers to impose import duties (taxes on imported goods) or quotas (limits on the quantity of imports). This seeks to prevent the misuse of emergency declarations for trade restrictions, reserving such measures for congressional oversight.

Key Provisions

• Short Title: The bill is titled the "Prevent Tariff Abuse Act."
• Amendment to IEEPA: It modifies Section 203 of the IEEPA (50 U.S.C. 1702) by:
• Redesignating the existing subsection (c) as subsection (d).
• Inserting a new subsection (c), which states: "The authority granted to the President by this section does not include the authority to impose duties, tariff-rate quotas, or other quotas on articles entering the United States."
• The bill was introduced on January 15, 2025, by Representatives DelBene, Beyer, Panetta, Schneider, Chu, Larson (CT), Sewell, Horsford, Salinas, Larsen (WA), and Kennedy (NY), and referred to the House Committees on Foreign Affairs and Ways and Means.

Significant Changes to Existing Law

• Under current IEEPA law, the President can declare a national emergency and exercise broad economic powers, including regulating international commerce, which some administrations have interpreted to include tariffs and quotas (e.g., during trade disputes).
• This bill narrows that interpretation by carving out an explicit exception, ensuring IEEPA cannot be used for import duties or quotas. This shifts such trade tools away from emergency powers toward other statutes, like those under congressional trade authority (e.g., the Trade Act of 1974).

Potential Impacts

• Government Agencies: The executive branch, including the Office of the U.S. Trade Representative and Department of Commerce, would lose flexibility to impose tariffs via emergency declarations, potentially requiring more formal trade processes or congressional approval for similar actions.
• Citizens and Businesses: U.S. importers, exporters, manufacturers, and consumers could benefit from reduced risk of sudden tariff hikes that raise prices or disrupt supply chains, promoting more predictable trade policies.
• International Relations: Foreign governments and trading partners (e.g., China, EU countries) might experience less unilateral U.S. trade pressure through emergencies, fostering more stable diplomatic and economic ties but possibly complicating rapid responses to perceived threats like unfair trade practices.

Main Stakeholders Affected

• Executive Branch: The President and agencies handling trade and emergencies, whose powers are directly curtailed.
• Congress: Gains reinforced authority over tariffs and quotas, as these are traditionally congressional powers under the Constitution (Article I, Section 8).
• Businesses and Industries: Import-dependent sectors (e.g., agriculture, manufacturing, retail) that could face fewer abrupt trade barriers.
• Consumers: Potentially lower costs for imported goods if presidential emergency tariffs are prevented.
• Foreign Entities: International traders and governments affected by U.S. import policies.

Notable Legal, Constitutional, or Political Implications

• Legal: Clarifies the scope of IEEPA, which was enacted in 1977 to replace broader emergency powers after historical abuses; this amendment addresses ongoing debates (e.g., in court challenges to past tariff uses) by codifying limits on "economic powers" to exclude trade barriers.
• Constitutional: Reinforces the separation of powers by curbing executive overreach into Congress's domain of regulating commerce with foreign nations, aligning with Article I's grant of tariff authority to lawmakers.
• Political: Could reduce partisan use of emergency declarations for policy goals like protectionism, promoting bipartisan trade stability, but might limit the President's toolkit in genuine crises involving economic threats (e.g., sanctions evasion). As an early 119th Congress bill, it reflects concerns over recent executive trade actions without altering broader sanction or asset-freeze powers under IEEPA.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. DelBene, Suzan K. [D-WA-1]

Cosponsors (74)

Rep. Beyer, Donald S. [D-VA-8], Rep. Panetta, Jimmy [D-CA-19], Rep. Schneider, Bradley Scott [D-IL-10], Rep. Chu, Judy [D-CA-28], Rep. Larson, John B. [D-CT-1], Rep. Sewell, Terri A. [D-AL-7], Rep. Horsford, Steven [D-NV-4], Rep. Salinas, Andrea [D-OR-6], Rep. Larsen, Rick [D-WA-2], Rep. Kennedy, Timothy M. [D-NY-26], Rep. Evans, Dwight [D-PA-3], Rep. Mullin, Kevin [D-CA-15], Rep. Wasserman Schultz, Debbie [D-FL-25], Rep. Scanlon, Mary Gay [D-PA-5], Rep. Davis, Danny K. [D-IL-7], Rep. Pettersen, Brittany [D-CO-7], Rep. Landsman, Greg [D-OH-1], Rep. Bynum, Janelle [D-OR-5], Rep. Budzinski, Nikki [D-IL-13], Rep. Stanton, Greg [D-AZ-4], Rep. Foushee, Valerie P. [D-NC-4], Rep. Carson, André [D-IN-7], Rep. Strickland, Marilyn [D-WA-10], Rep. Carter, Troy A. [D-LA-2], Del. Plaskett, Stacey E. [D-VI-At Large], Rep. Omar, Ilhan [D-MN-5], Rep. Peters, Scott H. [D-CA-50], Rep. McClellan, Jennifer L. [D-VA-4], Rep. Quigley, Mike [D-IL-5], Rep. McBride, Sarah [D-DE-At Large], Rep. Liccardo, Sam [D-CA-16], Rep. Randall, Emily [D-WA-6], Rep. Fletcher, Lizzie [D-TX-7], Rep. Courtney, Joe [D-CT-2], Rep. Latimer, George [D-NY-16], Rep. Escobar, Veronica [D-TX-16], Rep. Casten, Sean [D-IL-6], Rep. Cisneros, Gilbert Ray, Jr. [D-CA-31], Rep. Scholten, Hillary J. [D-MI-3], Rep. Morelle, Joseph D. [D-NY-25], Rep. Gottheimer, Josh [D-NJ-5], Rep. Huffman, Jared [D-CA-2], Rep. Trahan, Lori [D-MA-3], Rep. Garcia, Robert [D-CA-42], Rep. Carbajal, Salud O. [D-CA-24], Rep. Costa, Jim [D-CA-21], Rep. Vasquez, Gabe [D-NM-2], Rep. Ramirez, Delia C. [D-IL-3], Rep. Meng, Grace [D-NY-6], Rep. Meeks, Gregory W. [D-NY-5] and 24 more

Recent Actions

• 2025-01-15: Referred to the Committee on Foreign Affairs, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-01-15: Referred to the Committee on Foreign Affairs, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-01-15: Introduced in House
• 2025-01-15: Introduced in House

Bill Versions

• Prevent Tariff Abuse Act — issued 2025-01-15 — PDF (2 pages)