The House of Representatives may soon vote on the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026 (Senate amendment to H.R. 5334), legislation that would cede additional Article I, Section 8 taxing authority to the executive branch.
The problematic part of the bill is Section 113, which would give the president new discretion to impose tariffs of up to 100% on countries that are among Russia’s top five export markets for crude oil or natural gas or among the top five countries facilitating Russian oil sanctions evasion.
These provisions give the Administration significant leeway to determine which countries might be subject to tariffs along with the rate they would face. It’s possible the act could even be used to threaten new tariffs on countries in Europe or elsewhere that are working to deter Russian aggression.
President Trump has shown a willingness to take full advantage of such ambiguities to impose tariffs, including:
- Imposing illegal “Liberation Day” tariffs under the International Emergency Economic Powers Act.
- Imposing temporary “balance of payments” tariffs under Section 122 of the Trade Act of 1974 that also face a legal challenge from U.S. small businesses.
- Imposing $89 billion a year in import taxes via Section 301 of the Trade Act of 1974, many of which hit goods from U.S. allies that have criticized Russia’s invasion of Ukraine like Japan, South Korea, Australia, and the European Union. These tariffs are also subject to a lawsuit.
- Imposing 50% tariffs on selected Canadian goods via Section 338 of the Tariff Act of 1930—the Smoot-Hawley Tariff Act—a provision that has never before been used.
- Imposing “national security” tariffs under Section 232 of the Trade Expansion Act of 1962 on goods ranging from sofas to trombones, while threatening to impose even more tariffs on products like generic drugs.
The proposed Lindsey O. Graham Sanctioning Russia and Iran Act would transfer tariff authority to the executive branch and establish a precedent that could be used to justify the delegation of even more tariff authority in the future. Indeed, President Trump has already suggested expanding the bill’s coverage to additional countries beyond just Russia.
Congress needs to reclaim its constitutional authority over tariffs, not give even more of its authority away. Absent meaningful improvements such as removing the tariff provisions from the bill entirely or at least requiring congressional approval for new tariffs, the House should reject this legislation.