Policy Development—Issue Surfacing: Trade and Tariff Authority for AFBF Policy Book

AFBF is seeking member input on policy related to trade and tariff authority. Policy Development is the process to help Farm Bureau members guide the organization on the challenges facing agriculture. AFBF is asking state Farm Bureaus to review the following policy topic and questions for the 2026 Policy Book.

This document/website seeks to clarify AFBF policy on this issue.

Background

The Trade Review Act of 2025, S. 1272, introduced by Sens. Chuck Grassley (R-Iowa) and Maria Cantwell (D-Wash.), and the companion bill, H.R. 2665, introduced by Rep. Don Bacon (R-Neb.), seeks to reassert Congress' constitutional authority over U.S. trade policy, specifically regarding the imposition of tariffs. The bill would require the executive branch to obtain congressional approval for new tariffs or increases in existing tariffs.

The bill's sponsors argue that Congress has historically delegated much of its constitutional authority to regulate interstate and foreign commerce to the executive branch. The legislation is intended to provide a check on the executive branch's ability to unilaterally impose tariffs, ensuring that trade policy is more transparent and subject to greater scrutiny. There is a concern that presidential use of tariffs can lead to increased costs for American businesses and consumers, harm international trade relationships and create economic uncertainty.

Key Provisions

• Congressional Approval: The bill mandates that the President notify Congress within 48 hours of imposing or increasing a tariff. Congress must then approve the tariff within 60 days via a joint resolution.

• Expiration of Tariffs: If Congress does not approve the tariff within the 60-day period, the tariff expires.

• Congressional Disapproval: Congress retains the authority to end any tariff at any time by passing a resolution of disapproval.

• Exclusions: The bill does not apply to antidumping or countervailing duties.

Potential Impacts

• On U.S. Economy: The bill could affect prices, trade flows and economic growth.

• On International Trade Relations: The legislation could alter the dynamics of U.S. trade relations with other countries.

• On Presidential Power: The bill would reduce the President's authority over trade policy, shifting more power to Congress.

• On Specific Industries: The impact of the bill would vary across different industries, depending on their reliance on imports and exports, and their vulnerability to tariffs.

Arguments in Favor

• Restores Congressional Authority: Reasserts Congress' constitutional role in trade policy.

• Promotes Transparency and Accountability: Requires the executive branch to justify tariff decisions and allows public debate.

• Provides a Check on Executive Power: Prevents the executive branch from unilaterally enacting tariffs that could harm the economy.

• Encourages Stable Trade Policy: By requiring congressional approval, the bill could lead to more predictable and consistent trade policies.

Arguments Against

• Hinders Executive Action: Could limit the President's ability to respond quickly to unfair trade practices or national security concerns.

• Creates Gridlock: May lead to political gridlock and make it more difficult to enact necessary trade measures.

• Uncertainty for Businesses: The 60-day approval window could create uncertainty for businesses that rely on international trade.

• Potential for Increased Lobbying: Could lead to increased lobbying efforts by special interests seeking to influence congressional decisions on tariffs.

Current AFBF Policy

The pertinent AFBF policy is covered in 252 / International Trade, however current policy statements are not specific to the intent of the bill. The only relevant policy could be in paragraph 6.6. which states “(We oppose:) Tariffs and regulations that would limit supply or increase the prices of agricultural production inputs.”

While Congress has delegated authority to the president, usually in response to a crisis, Congress has not been timely about considering the impacts of the delegations and taking remedial action.

Resources

Bill Status: S. 1272 – Trade Review Act of 2025

Bill Status: H.R. 2665 – Trade Review Act of 2025

AFBF Issues Page – TRADE

Market Intel® -- Understanding the New Tariffs

Market Intel® -- Tallying Up the Latest Retaliatory Tariffs

Questions for policy development

1. Does AFBF need more explicit policy on what branch has jurisdiction over tariffs?

1. Does there need to be a check and balance system between the legislative and executive branch when making decisions on tariffs?

1. From your perspective, how should the policy be clarified?

Action for state Farm Bureaus

During your Policy Development process, we recommend that policy recommendations be submitted through the regular process for review during the Resolutions Meeting in December 2025. This policy issue may be addressed in Policy 252.