US senators are planning to introduce legislation as soon as Tuesday that would require President Donald Trump to obtain congressional approval before implementing tariffs under Section 232 of the Trade Expansion Act of 1962, according to a report.
Senator Bob Corker, Republican-Tennessee, who is leading the effort, wants to try to get the legislation attached to a defense policy bill that the Senate will start work on this week, according to a report by The Hill.
Under the bill, a vote on approving tariffs invoked under Section 232 of the trade law could be expedited through Congress. The bill, if signed into law, would also be retroactive for two years, according to the report.
A representative of Corker's office was not immediately available for comment Tuesday.
The US began imposing tariffs of 25% on steel imports and 10% on aluminum imports March 23 following two separate Section 232 investigations into the impact these imports have on US national security.
The US Department of Commerce self-initiated the Section 232 investigations on steel and aluminum in April 2017 under the Trade Expansion Act of 1962, which tasks the Secretary of Commerce with preparing a report on "whether the importation of the article in question is in such quantities or under such circumstances as to threaten to impair the national security."
In addition to the steel and aluminum investigations, the Trump administration announced in late May that Commerce would begin a Section 232 investigation examining whether or not imports of vehicles and auto parts threaten US national security.
Using national security as the impetus for the investigation, Trump is able to bypass Congress. It also allows him to bypass the US International Trade Commission, which typically weighs in on proposed tariffs, as was the case when President George W. Bush imposed safeguards on steel imports in 2002 under Section 201 of the Trade Act of 1974.
The ITC is also the final arbiter in standard dumping and subsidy cases.
In order for Congress to pass the legislation, it would require members to pass a measure with a veto-proof majority. Under current law, Congress only has the ability to remove Section 232 tariffs on oil or petroleum by passing a disapproval resolution.
