Congress moves to reclaim tariff power from the President
H.R. 10175 — Banning Antiquated Duties and Delivering Equitable American Levies (BAD DEAL) Act of 2026 · Filed by Brad Schneider (D-IL) · 8 cosponsors · Introduced Aug 27, 2026 · Referred to committee
Your members of Congress
Enter a ZIP to see where your representative and both senators stood on this bill.
Looked up on this device — your ZIP is never stored on our servers.
What it does
This bill would repeal Section 338 of the Tariff Act of 1930 and nullify tariffs or duties imposed by the President under that authority. Section 338 grants the President broad power to impose tariffs on national security grounds without congressional approval. Repealing it would strip the President of this unilateral tariff power and require Congress to approve any future tariffs.
Why we flagged it
The bill's core function is to reclaim congressional power over tariff-setting from the executive branch by repealing a statute that delegated that power to the President. This is a separation-of-powers measure, not a tariff policy statement.
What the text implies
- Nullifying existing Presidential proclamations may trigger immediate legal challenges and disputes over retroactive application and vested reliance interests.
- Repealing Section 338 does not address other executive authorities for trade actions (e.g., Section 301 of the Trade Act of 1974), leaving alternative unilateral tools intact.
The full analysis lists 3 implications of this text.
Who it affects
Repealing unilateral executive tariff authority restores congressional oversight and democratic accountability over trade policy. Citizens benefit from requiring elected representatives to vote on tariffs rather than allowing a single official to impose them unilaterally, though the actual tariff outcomes depend on what Congress chooses.