PolicyBrief
S. 348
119th CongressJan 30th 2025
STABLE Trade Policy Act
IN COMMITTEE

The STABLE Trade Policy Act aims to limit the President's ability to unilaterally impose tariffs on imports from U.S. allies and free trade partners by requiring congressional approval for such actions.

Christopher Coons
D

Christopher Coons

Senator

DE

LEGISLATION

STABLE Trade Policy Act: Congress Reins in Presidential Tariff Power on Allies, Requires Approval for New Duties

This bill, officially named the "Stopping Tariffs on Allies and Bolstering Legislative Exercise of Trade Policy Act" (or the much easier to remember "STABLE Trade Policy Act"), changes who gets to call the shots on tariffs. Specifically, it limits the President's ability to slap new or increased import taxes (duties) on goods coming from countries the U.S. considers allies or has free trade agreements with.

Allies and Trade: What's Changing?

The STABLE Trade Policy Act basically says the President can't unilaterally impose tariffs on countries we've got close ties with. Think NATO members, major non-NATO allies, and anyone we have a free trade agreement with – they're all considered "covered countries" under this bill (Section 2). If the President wants to put new duties on goods from these places, they'll need to get a thumbs-up from Congress first.

This is a shift from the current setup, where the President has broader authority under laws like the Trade Expansion Act of 1962 and the International Emergency Economic Powers Act. This bill specifically limits the President's power under those, and a few other acts, when it comes to our allies (Section 2).

Congressional Approval: The New Process

Here's how it'll work if this bill becomes law:

  1. Presidential Request: The President has to send a formal request to Congress. This request isn't just a heads-up; it needs to lay out why the tariffs are needed, why talking it out (diplomacy) won't cut it, and how it'll affect both U.S. foreign policy and the economy (Section 2).
  2. Congressional Action: Congress then gets to vote on a "joint resolution of approval." Any member of Congress can introduce this resolution within 15 legislative days of the President's request (Section 2). It's a simple yes or no on the President's proposed tariffs.
  3. Fast Track: The bill sets up an expedited process for this vote, meaning it should move through Congress relatively quickly (Section 2). This is important because trade issues can sometimes be time-sensitive.

Real-World Impact: Stability and Predictability

For businesses that import goods from allied countries, this bill could mean more predictability. Instead of sudden tariff announcements, there'd be a more structured (and potentially slower) process involving Congress. Let's say a U.S. furniture company imports wood from Canada (a "covered country"). Under this bill, any new tariffs on that wood would need Congressional approval, giving the company more time to adjust and potentially preventing sudden price spikes for consumers.

For workers in industries that rely on imported materials, this could provide a layer of protection against sudden cost increases. It's not a guarantee against tariffs, but it does make the process more deliberate and transparent.

The Bigger Picture: Checks and Balances

This bill is really about the balance of power between the President and Congress. It's Congress saying, "We have a say in trade policy, especially when it comes to our allies." While this could lead to more stable trade relationships, it could also potentially slow down the response to urgent trade issues, since getting Congressional approval takes time. It also means the potential for more lobbying as different industries try to sway members of Congress. The bill also doesn't fully define what counts as a valid national security concern, so that could become a point of contention down the road. Overall it's a significant shift in how trade decisions with close partners are made. It's a move towards more Congressional oversight, and potentially, a more stable – but also more complex – trade landscape.