Congressional Trade Powers Reform Act of 2026
S. 5081119th Congress

Congressional Trade Powers Reform Act of 2026

Introduced in the SenateSen. Ron Wyden (D-OR)216 sections · 18 min read
Version: Introduced in Senate · Jul 22, 2026

(a) Short title

This Act may be cited as the Congressional Trade Powers Reform Act of 2026.

(b) Table of contents

The table of contents for this Act is as follows:

Section 101. Authority of Congress over trade actions

The Tariff Act of 1930 (19 U.S.C. 1304 et seq.) is amended by adding at the end the following:

(a) In general

An action may be taken under section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862) or section 201, 203, or 301 of the Trade Act of 1974 (19 U.S.C. 2251, 2253, and 2411) only if—

(1) the President submits to the Joint Committee on Tariffs and Trade a proposal for the action;

(2) the Joint Committee reviews the proposal of the President;

(3) not later than 30 days after receiving the proposal of the President under paragraph (1), the Joint Committee recommends to Congress that the action be taken; and

(4) during the 30-day period after the submission to Congress of the recommendation under paragraph (3), there is enacted into law a joint resolution of approval pursuant to subsection (d) with respect to the action.

(b) Duration

An action approved in accordance with subsection (a) shall—

(1) take effect on the date that is 30 days after the enactment of a joint resolution described in paragraph (4) of that subsection; and

(2) except as provided by subsection (c), terminate not later than the date that is 180 days after the date specified in paragraph (1).

(c) Extension, modification, and termination

An action approved in accordance with subsection (a) may be extended for additional periods of 180 days, modified, or terminated, if—

(1) the President submits to the Joint Committee on Tariffs and Trade a proposal for the extension, modification, or termination;

(2) the Joint Committee reviews the proposal of the President;

(3) the Joint Committee recommends to Congress that the action be extended, modified, or terminated; and

(4) during the 30-day period after the submission to Congress of the recommendation under paragraph (3), there is enacted into law a joint resolution of approval pursuant to subsection (d) with respect to the extension, modification, or termination.

(1) Joint resolution of approval defined

In this subsection, the term joint resolution of approval means a joint resolution of either House of Congress the sole matter after the resolving clause of which is the following: Congress approves of the proposal of the President relating to a trade action under section 1001 of Tariff Act of 1930 submitted to the Joint Committee on Tariffs and Trade on ___ and recommended to Congress on ___., with blank spaces being filled with the appropriate dates.

(2) Introduction

During the 30-day period provided for under subsection (a)(4) or (c)(4), as applicable, a joint resolution of approval may be introduced in either House by any Member.

(A) Committee referral

A joint resolution of approval introduced in the House of Representatives shall be referred to the Committee on Ways and Means.

(B) Reporting and discharge

If the Committee on Ways and Means has not reported the joint resolution of approval within 10 calendar days after the date of referral, the Committee shall be discharged from further consideration of the joint resolution.

(C) Proceeding to consideration

Beginning on the third legislative day after the Committee on Ways and Means reports the joint resolution of approval to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.

(D) Floor consideration

The joint resolution of approval shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order.

(A) Committee referral

A joint resolution of approval introduced in the Senate shall be referred to the Committee on Finance.

(B) Reporting and discharge

If the Committee on Finance has not reported the joint resolution of approval within 10 calendar days after the date of referral of the joint resolution, the Committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar.

(C) Proceeding to consideration

Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Finance reports a joint resolution of approval or has been discharged from consideration of such a joint resolution to move to proceed to the consideration of the joint resolution. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order.

(D) Rulings of the chair on procedure

Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution of approval shall be decided by the Senate without debate.

(A) Committee referral

Except as provided in subparagraph (B), a joint resolution of approval that has passed the House of Representatives shall, when received in the Senate, be referred to the Committee on Finance for consideration in accordance with paragraph (4).

(B) Consideration of House resolution

If a joint resolution of approval was introduced in the Senate before receipt of a joint resolution of approval that has passed the House of Representatives—

(i) the joint resolution from the House of Representatives shall, when received in the Senate, be placed on the calendar; and

(ii) the procedures in the Senate with respect to a joint resolution of approval introduced in the Senate shall be the same as if no joint resolution of approval had been received from the House of Representatives, except that the vote on passage in the Senate shall be on the joint resolution that passed the House of Representatives.

(C) House resolution received after passage by Senate

If the Senate passes a joint resolution of approval before receiving a joint resolution of approval from the House of Representatives, the joint resolution of the Senate shall be held at the desk pending receipt of the joint resolution from the House of Representatives. Upon receipt of the joint resolution of approval from the House of Representatives, such joint resolution shall be deemed to be read twice, considered, read the third time, and passed.

(D) Consideration of House resolution if no resolution introduced in Senate

If the Senate receives a joint resolution of approval from the House of Representatives, and no joint resolution of approval has been introduced in the Senate, the procedures described in paragraph (4) shall apply to consideration of the joint resolution of the House.

(6) Rules of the House of Representatives and Senate

This subsection is enacted by Congress—

(A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and

(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

Section 1011. Establishment of the Joint Committee on Tariffs and Trade

There shall be a joint congressional committee known as the Joint Committee on Tariffs and Trade (in this subtitle referred to as the Joint Committee).

(a) In general

The Joint Committee shall be composed of 10 members as follows:

(1) From Committee on Finance

Five members who are members of the Committee on Finance of the Senate, 3 from the majority and 2 from the minority party, to be chosen by such Committee.

(2) From Committee on Ways and Means

Five members who are members of the Committee on Ways and Means of the House of Representatives, 3 from the majority and 2 from the minority party, to be chosen by such Committee.

(1) Chairperson

The Joint Committee shall be chaired by the Chairperson of the Committee on Ways and Means of the House of Representatives for the first session of each Congress and by the Chairperson of the Committee on Finance of the Senate for the second session of each Congress.

(2) Vice Chairperson

The Chairperson of the Committee on Finance of the Senate shall serve as the Vice Chairperson of the Joint Committee for the first session of each Congress and the Chairperson of the Committee on Ways and Means of the House of Representatives shall serve as the Vice Chairperson of the Joint Committee for the second session of each Congress.

(1) General limitation

Except as provided by paragraph (2), no individual shall continue to serve as a member of the Joint Committee after the individual has ceased to be a member of the Committee by which the individual was chosen.

(2) Exception

The members chosen by the Committee on Ways and Means who have been reelected to the House of Representatives may continue to serve as members of the Joint Committee notwithstanding the expiration of the Congress.

(1) Effect

A vacancy in the Joint Committee shall not affect the power of the remaining members to execute the functions of the Joint Committee.

(A) In general

Except as provided by subparagraph (B), a vacancy in the Joint Committee shall be filled in the same manner as the original selection.

(i) Adjournment or recess of Congress

If there is a vacancy in the Joint Committee for a period of more than 2 weeks during an adjournment or recess of Congress, the members of the Joint Committee who are members of the Committee entitled to fill the vacancy may designate a member of the Committee to serve until the successor of the member is chosen in accordance with subsection (a).

(ii) Expiration of Congress

If a position of a member of the Joint Committee appointed by the Committee on Ways and Means of the House of Representatives becomes vacant after the expiration of a Congress, the members of the Joint Committee who are members of the Committee on Ways and Means of the House of Representatives may designate an individual who, immediately prior to such expiration, was a member of the Committee on Ways and Means of the House of Representatives and who is re-elected to the House of Representatives to serve until the successor of the member is chosen in accordance with subsection (a).

(e) Compensation and allowances

Members of the Joint Committee shall serve without compensation in addition to compensation received as Members of Congress, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of the duties vested in the Joint Committee, other than expenses in connection with meetings of the Joint Committee held in the District of Columbia during such times as the Congress is in session.

(a) In general

The Joint Committee shall—

(1) conduct reviews of proposals submitted by the President and make recommendations to Congress under section 1001 with respect to trade actions;

(2) be responsible for oversight of trade negotiations, including through the activities of the Chief Congressional Trade Representative for Negotiations appointed under section 1015(a)(2); and

(3) be responsible for oversight of implementation, compliance, and enforcement of trade agreements to which the United States is a party, including through the activities of the Chief Congressional Trade Representative for Monitoring and Enforcement appointed under section 1015(a)(3).

(b) Annual reports

Not less frequently than annually, the Joint Committee shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the efforts of the Joint Committee to carry out the duties described in subsection (a) during the year preceding submission of the report.

(a) Relating to hearings and sessions

The Joint Committee may—

(1) hold hearings and sit and act at such places and times as the Joint Committee deems advisable;

(2) require by subpoena (to be issued under the signature of the Chairperson or Vice Chairperson) or otherwise the attendance of witnesses and the production of books, papers, and documents;

(3) administer oaths; and

(4) take testimony.

(b) Printing and binding

The Joint Committee may have such printing and binding done as the Joint Committee deems advisable.

(c) Expenditures

The Joint Committee may make such expenditures as the Joint Committee deems advisable.

(1) Chief of staff

The Joint Committee shall appoint and fix the compensation of a Chief of Staff.

(A) In general

The Joint Committee shall appoint and fix the compensation of a Chief Congressional Trade Representative for Negotiations.

(B) Duties

The Chief Congressional Trade Representative for Negotiations appointed under subparagraph (A) shall—

(i) be the chief representative of Congress for international trade negotiations, including all negotiations in which the United States participates on any matter considered under the auspices of the World Trade Organization or relating to commodities or direct investment;

(ii) be accredited by the United States Trade Representative on behalf of the President as a member of United States delegations to conferences, meetings, and negotiating sessions relating to such negotiations; and

(iii) report directly to the Joint Committee, the Committee on Finance of the Senate, and the Committee on Ways and Means of the House of Representatives on the conduct of such negotiations.

(A) In general

The Joint Committee shall appoint and fix the compensation of a Chief Congressional Trade Representative for Monitoring and Enforcement.

(B) Duties

The Chief Congressional Trade Representative for Monitoring and Enforcement appointed under subparagraph (A) shall—

(i) be responsible for monitoring—

(I) implementation of and compliance with trade agreements to which the United States is a party; and

(II) trade barriers in foreign countries;

(ii) advise on enforcement of trade agreements, including the initiation of dispute settlement proceedings under the auspices of the World Trade Organization or pursuant to bilateral and regional trade agreements to which the United States is a party;

(iii) be the chief representative of Congress at the Interagency Center on Trade Implementation, Monitoring, and Enforcement; and

(iv) report directly to the Joint Committee, the Committee on Finance of the Senate, and the Committee on Ways and Means of the House of Representatives on—

(I) implementation of, compliance with, and enforcement of trade agreements to which the United States is a party; and

(II) trade barriers in foreign countries.

(4) Permanent staff

The Joint Committee may employ and fix the compensation of a permanent staff to facilitate the work of the Joint Committee, including economists, attorneys, and other professionals with significant international trade experience.

(b) Non-Partisanship

The staff of the Joint Committee shall serve on a professional, nonpartisan basis.

Section 1016. Payment of expenses

The expenses of the Joint Committee shall be paid 1/2 from the contingent fund of the Senate and 1/2 from the contingent fund of the House of Representatives, upon vouchers signed by the Chairperson or the Vice Chairperson.

(a) In general

Section 122 of the Trade Act of 1974 (19 U.S.C. 2132) is repealed.

(b) Clerical amendment

The table of contents for the Trade Act of 1974 is amended by striking the item relating to section 122.

(c) Conforming amendment

Section 127(b) of the Trade Act of 1974 (19 U.S.C. 2137(b)) is amended, in the matter preceding subparagraph (A), by striking (and from any action under section 122(c)).

(a) In general

Section 338 of the Tariff Act of 1930 (19 U.S.C. 1338) is repealed.

(b) Conforming amendment

Section 337(m) of the Tariff Act of 1930 (19 U.S.C. 1337(m)) is amended by striking and sections 338 and 340.

(a) Actions of Trade Representative

Section 301(c) of the Trade Act of 1974 (19 U.S.C. 2411(c)) is amended by adding at the end:

(7) Any action taken by the Trade Representative under this section shall be subject to the requirements of section 1001 of the Tariff Act of 1930.

(b) Implementation of Actions

Section 305(a) of the Trade Act of 1974 (19 U.S.C. 2415(a)) is amended—

(1) in paragraph (1), by striking paragraph (2) and inserting paragraphs (2) and (3); and

(2) by adding at the end the following:

(3) The Trade Representative may not implement any action under section 301 unless there is enacted into law, in accordance with section 1001 of the Tariff Act of 1930, a joint resolution approving the action.

(c) Modification and termination of actions

Section 307 of the Trade Act of 1974 (19 U.S.C. 2417) is amended to read as follows:

(a) In general

Subject to the requirements of section 1001 of the Tariff Act of 1930, the Trade Representative may modify or terminate any action, subject to the specific direction, if any, of the President with respect to such action, that is being taken under section 301 if—

(1) any of the conditions described in section 301(a)(2) exist;

(2) the burden or restriction on United States commerce of the denial rights, or of the acts, policies, and practices, that are the subject of such action has increased or decreased; or

(3) such action is being taken under section 301(b) and is no longer appropriate.

(b) Consultation requirement

Before taking any action under subsection (a) to modify or terminate any action taken under section 301, the Trade Representative shall consult with the petitioner, if any, and with representatives of the domestic industry concerned, and shall provide opportunity for the presentation of views by other interested persons affected by the proposed modification or termination concerning the effects of the modification or termination and whether any modification or termination of the action is appropriate.

Section 204. Modification of authority to take action in response to threats to national security

Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862) is amended—

(1) in subsection (c)—

(A) in paragraph (1)—

(i) in subparagraph (A), by striking the President shall— and all that follows through the period and inserting the President shall determine whether the President concurs with the finding of the Secretary.; and

(ii) by amending subparagraph (B) to read as follows:

(B) If the President concurs under subparagraph (A) with the finding of the Secretary with respect to an article, the President shall—

(i) determine the nature and duration of the action that, in the judgment of the President, must be taken to adjust the imports of the article and its derivatives so that such imports will not threaten to impair the national security; and

(ii) not later than 15 days the date on which the President makes a determination under clause (i) and in accordance with section 1001 of the Tariff Act of 1930, submit to Congress a proposal for action and a written statement supporting the determination of the President.

(C) If the President does not concur under subparagraph (A) with the finding of the Secretary, the President shall, not later than 30 days after the date on which the President makes a determination under subparagraph (A), submit to the Congress a written statement supporting the determination of the President.;

(B) by striking paragraph (2);

(C) by redesignating paragraph (3) as paragraph (2); and

(D) in paragraph (2)(A)(ii), as so redesignated—

(i) in subclause (I), by striking paragraph (1)(A) and inserting paragraph (1)(B); and

(ii) in the matter following subclause (II), by striking the President shall take and inserting the President shall, subject to the requirements of section 1001 of the Tariff Act of 1930, take;

(2) by redesignating the second subsection (d) as subsection (e);

(3) in subsection (e), as so redesignated, by amending paragraph (2) to read as follows:

(2) A report submitted under paragraph (1) shall include the written statement supporting the determination of the President described in subparagraphs (B) and (C) of subsection (c)(1).; and

(4) by striking subsection (f).

(a) Action To facilitate positive adjustment to import competition

Section 201(a) of the Trade Act of 1974 (19 U.S.C. 2251(a)) is amended—

(1) in the heading, by striking Presidential Action and inserting Proposed action; and

(2) by striking, shall take all appropriate and feasible action within his power and inserting and subject to the requirements of section 1001 of the Tariff Act of 1930, shall propose any appropriate and feasible action.

(b) Provisional relief

Section 202 of the Trade Act of 1974 (19 U.S.C. 2252) is amended—

(1) in subsection (d)(4)—

(A) in subparagraph (A)—

(i) by amending clause (ii) to read as follows:

(ii) in the case of an action described in subparagraph (A) or (C) of section 203(a)(3), a joint resolution approving the action is enacted into law in accordance with section 1001 of the Tariff Act of 1930;

(ii) in clause (iii), by striking take and inserting propose; and

(iii) in cause (iv), by striking whenever;

(B) in subparagraph (C), by striking proclaimed under section 203 and inserting proposed under section 203, and with respect to which a joint resolution of approval is enacted into law, in accordance with section 1001 of the Tariff Act of 1930,; and

(C) in subparagraph (D), by striking proclaimed under section 203 regarding such article and inserting proposed under section 203 regarding such article (or such an increase or imposition is proposed, but a joint resolution approving the increase or imposition is not enacted in accordance with section 1001 of the Tariff Act of 1930);

(2) in subsection (e)(4)(A), by striking initiate and inserting propose to initiate; and

(3) in subsection (h)(2)—

(A) by striking take action and inserting propose action; and

(B) by striking section 203(e)(7) and inserting section 203(d)(7).

(c) Determination of import injury

Section 203 of the Trade Act of 1974 (19 U.S.C. 2253) is amended—

(1) in the heading, by striking Action by President and inserting Proposed action;

(2) in subsection (a)—

(A) in paragraph (1)—

(i) in subparagraph (A), by striking take all appropriate and feasible action within his power and inserting propose, pursuant to the requirements of section 1001 of the Tariff Act of 1930, all appropriate and feasible action;

(ii) by amending subparagraph (B) to read as follows:

(B) Any action proposed by the President under subparagraph (A) shall be subject to the limitations described in subsection (d).; and

(iii) in subparagraph (C), by striking take and inserting propose;

(B) in paragraph (2)—

(i) in the matter preceding subparagraph (A), by striking to take and inserting to propose;

(ii) in subparagraph (D), by striking actions authorized under and inserting actions described in; and

(iii) in subparagraph (E), by striking actions authorized under and inserting actions described in;

(C) in paragraph (3)—

(i) in the matter preceding subparagraph (A)—

(I) by striking taking action and inserting proposing an action; and

(II) by striking paragraph (1)— and inserting paragraph (1) consider—;

(ii) by striking proclaim each place it appears;

(iii) in subparagraph (D), by striking implement and inserting implementing;

(iv) in subparagraph (E), by striking negotiate, conclude, and carry out and inserting negotiating, concluding, and carrying out;

(v) in subparagraph (G), by striking initiate and inserting initiating;

(vi) by striking subparagraph (H);

(vii) by redesignating subparagraphs (I) and (J) as subparagraphs (H) and (I), respectively;

(viii) in subparagraph (H), as so redesignated—

(I) by striking take and inserting proposing; and

(II) by striking which may be taken by the President under the authority of law and; and

(ix) in subparagraph (I), as so redesignated—

(I) by striking take and inserting proposing; and

(II) by striking subparagraphs (A) through (I) and inserting subparagraphs (A) through (H); and

(D) in paragraph (4)—

(i) in subparagraph (A), by striking take action and inserting propose action; and

(ii) in subparagraph (B)—

(I) by striking take action and inserting propose action; and

(II) by striking taken later and inserting proposed later;

(3) in subsection (b)—

(A) in paragraph (1)—

(i) by striking takes action and inserting proposes action;

(ii) by striking the action and the reasons for taking the action and inserting the proposed action and the reasons for the proposed action; and

(iii) by striking the action taken and inserting the action proposed;

(B) in paragraph (2), by striking to take and inserting to propose; and

(C) in paragraph (3)—

(i) by striking takes any action and inserting proposes any action; and

(ii) by striking the action being taken and inserting the action being proposed;

(4) in subsection (c)—

(A) in paragraph (1), by striking action taken and inserting action proposed; and

(B) in paragraph (2)—

(i) by striking will be taken and inserting will be proposed; and

(ii) by striking (as provided in subsection (d)(2));

(5) by striking subsection (d);

(6) by redesignating subsection (e) as subsection (d);

(7) in subsection (d), as so redesignated—

(A) in paragraph (1)—

(i) in subparagraph (A), in the first sentence, by striking action taken and inserting action proposed; and

(ii) in subparagraph (B), by striking may extend and inserting may propose extending;

(B) in paragraph (2), by striking taken under and inserting proposed under;

(C) in paragraph (3), by striking taken each place it appears and inserting proposed;

(D) in paragraph (4)—

(i) by striking action taken and inserting action proposed; and

(ii) by striking proclaiming and inserting regarding;

(E) in paragraph (6)—

(i) in subparagraph (A), in the matter preceding clause (i), by striking action taken and inserting action proposed; and

(ii) in subparagraph (B), by striking proclamation and inserting proposal; and

(F) in paragraph (7)—

(i) in subparagraph (A), in the matter preceding clause (i), by striking may be taken and inserting may be proposed; and

(ii) in subparagraph (B)—

(I) in the matter preceding clause (i), by striking may take and inserting may propose; and

(II) in clause (ii), by striking been taken and inserting been proposed;

(8) by striking subsection (f);

(9) by redesignating subsection (g) as subsection (e); and

(10) in subsection (e), as so redesignated—

(A) by striking paragraph (2); and

(B) by redesignating paragraph (3) as paragraph (2).

(a) In general

Title I of the Trade Act of 1974 (19 U.S.C. 2111 et seq.) is amended by adding at the end the following:

(a) In general

No trade agreement that binds the United States shall have force or effect until the agreement is approved by an Act of Congress.

(b) Trade agreement that binds the United States defined

In this section, the term trade agreement that binds the United States means an agreement concerning international trade in goods or services, compliance with which would require the United States to change or maintain current law.

(b) Clerical amendment

The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 182 the following:

(a) In general

Section 141(a) of the Trade Act of 1974 (19 U.S.C. 2171(a)) is amended to read as follows:

(a) There is established an agency, to be known as the Office of the United States Trade Representative (in this section referred to as the Office), which shall be under the general direction and supervision of the President and shall not be affiliated with or be within any other agency or department of the Federal Government.

(b) Officials of the Office of the United States Trade Representative

Section 141(b) of the Trade Act of 1974 (19 U.S.C. 2171(b)) is amended—

(1) in paragraph (1), in the third sentence—

(A) by striking shall hold office at the pleasure of the President,; and

(B) by striking mission, and and inserting mission and; and

(2) in paragraph (2), in the third sentence, by striking shall hold office at the pleasure of the President and.

(a) Definitions

Section 401 of title 5, United States Code, is amended—

(1) in paragraph (1), by striking or the National Reconnaissance Office, and inserting the National Reconnaissance Office, or the Office of the United States Trade Representative,; and

(2) in paragraph (3), by striking or the Director of the National Reconnaissance Office; and inserting the Director of the National Reconnaissance Office; or the United States Trade Representative;.

(b) Appointment of Inspector General

Not later than 120 days after the date of the enactment of this Act, the President shall appoint an individual to serve as the Inspector General of the Office for the United States Trade Representative in accordance with section 403(a) of title 5, United States Code.

to ask questions about this bill.