Axios
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Trump may get a big, new tariff authority
A new bill in the Senate, the Lindsey O. Graham Sanctioning Russia Act of 2026, is set to grant explicit and broad tariff authority to the president. This legislation, which has garnered significant bipartisan support, aims to strengthen sanctions against Russia and Iran, targeting their energy sectors and a "shadow fleet" of oil tankers. Notably, it would allow the U.S. trade representative to impose tariffs of up to 100% on major importers of Russian energy.This new authority comes as President Trump's previous attempts to impose tariffs using obscure legal provisions have faced significant challenges and setbacks in the courts. The Supreme Court ruled against his use of the International Emergency Economic Powers Act, leading to refunds for importers. He then utilized Section 122 of the Trade Act of 1974, which also proved limited and was challenged.More recently, the administration has turned to Section 301 of the Trade Act, citing unfair trade practices like forced labor. However, the grounds for these tariffs are also being contested in court by affected businesses. The Russia sanctions bill, if enacted, would provide a more legally robust mechanism for imposing high tariffs on key economies like China, India, and the European Union.Crucially, the bill's text does not require the tariffs to be directly linked to specific geopolitical goals related to the war in Ukraine. This allows future presidents considerable discretion in their application. Former officials have expressed concerns about the broadness of the tariff authority granted, suggesting it could be used at the president's discretion without stringent justification. The legislation, while intended to pressure Russia, might offer a powerful tool for broader trade policy.