PolicyBrief
H.R. 2459
119th CongressMar 27th 2025
Reclaim Trade Powers Act
IN COMMITTEE

Repeals a section of the Trade Act of 1974, eliminating the balance of payments authority.

Jimmy Panetta
D

Jimmy Panetta

Representative

CA-19

LEGISLATION

Congress Moves to Scrap Key Trade Tool: Bill Eliminates 1974 Balance of Payments Power

The Reclaim Trade Powers Act proposes a straightforward but significant change: it completely repeals Section 122 of the Trade Act of 1974. This section gave the President the authority to impose temporary import surcharges or quotas if the U.S. faced serious issues with its balance of payments – essentially, big, persistent trade deficits. The bill's sole purpose is to remove this specific power from the executive branch's trade policy toolkit.

Taking a Tool Off the Table

So, what does losing this 'balance of payments authority' actually mean? Think of it as the government having one less lever to pull during certain economic situations. Section 122 was designed as a safety valve, allowing quick action (like adding extra fees to imports) to try and stabilize the country's trade balance without needing lengthy new legislation. By repealing this, the Reclaim Trade Powers Act removes that specific option for responding to large trade deficits. The bill itself is very clear – Section 2 explicitly strikes this authority from the books.

How Does This Shake Out in the Real World?

Without this specific power, the government has fewer direct ways to quickly curb imports across the board if a major trade imbalance develops. On one hand, this could mean fewer sudden tariffs or restrictions, potentially keeping prices lower for consumers buying imported goods – from electronics to clothing. Businesses relying on imported materials might also see more predictability.

However, the flip side is a potential increased risk for American industries competing directly with imports. If a surge happens, or a persistent deficit grows, the government won't have this particular tool to shield domestic producers or workers. This raises concerns, flagged as an Economic Burden risk, for sectors vulnerable to import competition, as one protective measure is removed. The government would need to rely on other, potentially slower or more targeted, trade mechanisms.

Less Power, Different Problems?

The core issue here is a reduction in the government's flexibility and oversight capabilities when dealing with broad trade imbalances, identified as a concern regarding Oversight Reduction. While the balance of payments authority wasn't frequently used, removing it permanently changes the landscape of available trade policy responses. It essentially bets that such broad emergency measures won't be necessary or effective in the future, leaving the U.S. potentially more exposed if severe trade deficits arise and requiring different strategies to manage them.