The U.S. Senate has advanced legislation that would grant the executive branch a vast new tariff authority, bypassing the legal quagmires that have ensnared recent trade actions. The vehicle is a Russia sanctions bill that received overwhelming bipartisan support, clearing a key procedural hurdle last week with an 86-12 vote.
The Lindsey O. Graham Sanctioning Russia Act of 2026 explicitly authorizes the president to set tariff rates anywhere from zero to 100% on imports from the five largest purchasers of Russian crude oil or natural gas. The only requirement is that the U.S. Trade Representative notify Congress of the action; no justification or linkage to a specific geopolitical goal is mandated by the bill's text.
"The bill includes no sanctions authorities the president doesn't already have, lets him off the hook with a waiver to avoid using them, and gives him enormous authorities to tariff U.S. partners and allies up to 100%, largely at his discretion," said Jonathan Finer, former principal deputy national security adviser.
This development comes as the administration's previous tariff maneuvers face significant legal setbacks. The Supreme Court struck down the use of the International Emergency Economic Powers Act for sweeping tariffs, forcing the Treasury to refund over $100 billion to importers. A subsequent attempt using Section 122 of the Trade Act to address balance-of-payments deficits was also blocked by a lower court, a tool that inherently limited tariff scale and duration anyway.
For American industrial policy, the legislation represents a potential end-run around judicial constraints. Unlike the contested emergency powers, this Congressionally-delegated authority is legally explicit and durable. It would apply trade pressure to major economies like China, India, and the European Union based on their energy purchases from Moscow, a lever that directly serves economic nationalist goals by allowing the administration to protect domestic energy and manufacturing sectors from state-distorted global markets without immediate court challenges.
The bill couples this tariff power with a 500% duty on direct imports from Russia and measures targeting a "shadow fleet" of tankers evading current sanctions. While the broad tariff authority is designed to pressure nations fueling Russia's war economy, the lack of constraints ensures a future president could wield the tool to counter any perceived threat to American economic sovereignty.