Congress Must Authorize Section 122 Tariffs Under Trade Act

Detected March 24th, 2026

Summary

This analysis from the Tax Foundation argues that Congress must authorize tariffs imposed under Section 122 of the Trade Act, following a Supreme Court ruling. The article suggests that if Congress does not vote to approve these tariffs, they will expire after 150 days, potentially leading to a refreshing debate on trade policy.

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What changed

This Tax Foundation analysis discusses the implications of a recent Supreme Court ruling on tariffs, specifically those imposed under Section 122 of the Trade Act. The core argument is that this ruling necessitates congressional approval for such tariffs to remain in effect beyond 150 days. The author expresses a preference for the expiration of these tariffs, viewing the president's trade policy approach as suboptimal, but highlights the opportunity for Congress to actively engage in trade policy decisions.

For compliance officers, this piece signals a potential shift in how tariffs are enacted and maintained. While the document itself is an analysis and not a direct regulatory mandate, it points to a future where congressional votes on tariffs become a critical factor. Companies involved in international trade should monitor legislative developments regarding Section 122 tariffs, as their approval or expiration could significantly impact import costs and supply chain strategies. The article implies that a failure by Congress to act could lead to the termination of existing tariffs.

What to do next

Monitor legislative developments regarding congressional votes on Section 122 tariffs.
Assess potential impacts of tariff expiration or continuation on import costs and supply chains.

Source document (simplified)

Recent history has shown a new bipartisanship when it comes to Congress’s role in our republic. Members elected to represent districts and states—from both parties—have stood by and allowed the president and the courts to determine major policies.

Following the recent Supreme Court ruling on tariffs, that will no longer be an option. According to the statute that the president has used to issue new tariffs, elected members in Congress will need to approve them. Otherwise, they will expire after 150 days.

Though the president’s approach to trade policy is far from optimal, and expiration of the tariffs would be preferable, it would be refreshing to see the House and the Senate take votes on the new tariffs that President Trump has imposed.

This is a preview of our full op-ed originally published in National Review.

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About the Author

Expert

Daniel Bunn

President and CEO Daniel Bunn is President and CEO of the Tax Foundation. Daniel has been with the organization since 2018 and, prior to becoming President, successfully built its Center for Global Tax Policy, expanding the Tax Foundation’s reach and impact around the world. Prior to joining the Tax Foundation, Daniel worked in the United States Senate at the Joint Economic Committee.