House Republicans will stand up a party working group to examine U.S. tariff policy, areas for possible reform and Congress’ role in tariff-setting, according to multiple people familiar with discussions.
The pledge came as GOP leadership sought to cajole votes for a measure designed to avert future votes on Trump’s tariffs. As part of negotiations with GOP holdouts, Speaker Mike Johnson, R-La., agreed to create the new working group, according to two holdouts.
Nebraska GOP Rep. Don Bacon, and Reps. Jay Obernolte and Tom McClintock of California switched their no votes after speaking with Republican leadership on the House floor. In addition to the working group, Johnson agreed to put another measure on the floor before the end of the week to shorten the extension period from March to January.
McClintock said after the vote that the new Republican conference working group will “address the tariff issue, including possible measures to modify existing policy and clarify Congress’ role in setting that policy.”
Bacon told Agri-Pulse via a spokesperson that he will sit on the working group along with “other concerned members.”
The House Ways and Means Committee is responsible for originating trade legislation. Its trade subcommittee chair, Adrian Smith, R-Neb., is in the running to lead the new group.
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Smith told Agri-Pulse on Tuesday that it is too early to say who will sit on or head the panel, but he said that there was some chatter about him leading the group.
“There was discussion about that, but details haven't been set,” he said.
New York Republican Nicole Malliotakis said she would be among those interested in participating in the working group.
“I would very much be interested,” she said, citing “a strong interest in trade.” Malliotakis already sits on the Ways and Means Committee.
She told Agri-Pulse on Tuesday that Congress should play a greater role in trade policymaking and that she is in favor of targeted and strategic tariffs. But she stressed that she, and many of her colleagues, continue to trust Trump’s trade approach.
“We should be focusing the tariffs on the most egregious nations treating our country very unfairly, preventing market access, where there is a huge trade deficit based on proportion,” she said. “It’s a work in progress,” she added.
The Constitution grants Congress powers to set U.S. trade policy, which lawmakers then delegate to the executive. There have been efforts in recent years to claw back congressional tariff powers and reassert its oversight, including via a bill from Sens. Maria Cantwell, D-Wash., and Iowa Republican Chuck Grassley. But the measures have had limited success.
Trump’s introduction of sweeping new duties on almost every U.S. trading partner has thrust the issue of trade policymaking authority back into the spotlight – and the courts.
In a note explaining his decision to switch his vote, McClintock stressed that “the power to impose tariffs is a congressional power and needs to be restored to Congress.”
The Court of International Trade ruled earlier this year that the president overstepped his constitutional authority when he used emergency powers to impose broad new duties on U.S. imports. That decision was upheld by the U.S. Court of Appeals for the Federal Circuit last month.
The case is set to go before the Supreme Court later this year, with oral arguments slated for November.
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