Bill shields tariff authority from emergency-powers oversight
S. 151 — Protecting Americans from Tax Hikes on Imported Goods Act of 2025 · Filed by Jeanne Shaheen (D-NH) · 4 cosponsors · Introduced Jan 17, 2025 · Referred to committee
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What it does
This bill amends the International Emergency Economic Powers Act to prohibit the President from using emergency economic powers to impose or increase tariffs and tariff-rate quotas on imported goods. The President retains the ability to impose total import bans on countries or categories of goods, but cannot use emergency powers to selectively raise duties on imports. The bill does not affect the President's authority under other statutes to impose tariffs.
Why we flagged it
The bill's stated purpose is to restrict presidential authority, but its operative effect is to remove tariff-raising from a specific statutory framework (IEPA) that includes procedural safeguards, reporting requirements, and temporal limits. By excluding tariffs from IEPA, the bill channels tariff authority into other statutes with fewer constraints, effectively insulating tariff policy from emergency-powers oversight.
What the text implies
- The bill does not eliminate the President's tariff authority; it merely removes it from IEPA's procedural framework. The President retains tariff power under Section 232 (national security), Section 301 (trade retaliation), and other statutes, which lack IEPA's reporting and temporal constraints.
- IEPA requires the President to report to Congress and allows Congress to terminate emergency declarations. By excluding tariffs from IEPA, the bill removes tariff-raising from that oversight mechanism, concentrating tariff authority in less-constrained statutes.
The full analysis lists 4 implications of this text.
Who stands to gain
import-competing domestic manufacturers; tariff-protected industries (steel, agriculture, automotive); companies seeking tariff protection outside IEPA oversight