WASHINGTON _ Senate Republicans, after decrying President Donald Trump's recently announced plans for tariffs on imported steel and aluminum, have no plans to pursue legislation to block them from going into effect.
"The thought that the president would undo action he's taken strikes me as remote at best and I'd like to use floor time in the Senate for things that actually have a chance to become law," Senate Majority Leader Mitch McConnell told reporters Tuesday. "I think it's highly unlikely we'll be dealing with that in a legislative way."
Now, members are anticipating oversight hearings on the decision and plan to work with the White House to try to exempt certain countries from the decision and narrow the application of the tariffs. Legal experts and Republican leaders say such an approach could do little to curb the importation of steel and aluminum products from so-called "bad actor" countries like China.
And as companies scramble to understand the impact of the announcement and fears grow that other countries will pursue retaliatory tariffs, an increasingly chaotic environment at the White House _ including the firing of Secretary of State Rex Tillerson _ could stymie the implementation of the duties and exacerbate the existing uncertainty in the global trade market.
The episode has also stoked fear among some in the conference that Trump, who moved forward with the tariff announcement amid intense pushback from Republicans, will approach the negotiations on the North American Free Trade Agreement in the same manner and ignore any input from Congress.
While Republicans in the chamber have, by and large, avoided commenting on some of the more controversial actions of Trump and his administration, trade is one policy area where leadership and rank-and-file members alike have no qualms in publicly splitting with the White House.
The 25 percent tariff on steel imports and 10 percent tariff on aluminum imports are opposed by many members of the Senate GOP conference. Senate Finance Chairman Orrin G. Hatch, R-Utah, whose committee has jurisdiction over trade issues, called the decision a "tax hike on American manufacturers, workers and consumers."
But passing legislation to nullify the tariffs is no easy task, given the measure would eventually need Trump's signature. Any standalone bill would almost certainly get vetoed, and it is unlikely Republicans in both chambers would gather enough support to override it. Such a provision could also be included in the pending fiscal year 2018 spending bill, but members are hesitant to risk a possible government shutdown should Trump reject the eventual omnibus bill.
"There doesn't seem to be a lot of enthusiasm towards legislation. It doesn't mean that it can't happen," Sen. Lisa Murkowski, R-Alaska, said.
Despite controlling the floor schedule and having a majority in the chamber, some GOP senators put the blame on Democrats for the muted response.
"To pass it takes 60 votes and there aren't nine Democrats. I would love to see Congress act to protect free trade, but doing so would face an almost inevitable Democratic filibuster," Sen. Ted Cruz, R-Texas, said.
Senate Minority Leader Charles E. Schumer, speaking on the chamber floor Tuesday, called the tariffs an "example of how the administration has the right instinct but bad execution."
"Tariffs, properly calibrated, could be an effective tool to rein in China," the New York Democrat said. "Putting Canada in the same boat as China is a huge mistake. And that's why these tariffs _ I support the thrust of them _ should have been more selectively targeted."
Some GOP members are eager to push forward a legislative response. Sen. Jeff Flake of Arizona, who is by no means an ally of the White House and is retiring at the end of his term, introduced legislation Monday to nullify the tariffs.
But such a measure is unlikely to gain momentum at this juncture. Members instead are now hoping to work with Trump to carve out specific countries from the new tariffs.
"What we are trying to do is make sure that it's more surgical," Senate Majority Whip John Cornyn of Texas said.
Such an approach could lead to international confusion and actually undermine the intent of the tariffs.
"There's a serious concern that any countries that are exempted will just serve as loopholes for evasion by other countries," Timothy Brightbill, an international trade attorney and partner with law firm Wiley Rein, said in a recent interview. "Exempting some countries would mean that Chinese steel finds a way through transshipment or manufacturing to come here in a different form."
One tactic Trump may pursue, according to a report in The Associated Press, is to tie potential exclusions from the tariffs to additional funding from U.S. allies to NATO.
"If we're in NATO, he wants to make sure that NATO gets more money so that NATO can protect all of us and fulfill its goal," Treasury Secretary Steve Mnuchin told CNBC last week, adding that Trump may exempt other countries in the next two weeks.
To date, only Mexico and Canada would be exempt from the tariffs. The Trump administration is currently in the midst of negotiations with those two countries to overhaul NAFTA.
When asked, Senate Foreign Relations Chairman Bob Corker, whose panel would have oversight over NATO issues, had not spoken to the administration about that proposal.
Others expressed openness to the idea.
"This is a world where our foreign aid has never really been appreciated," Sen. David Perdue, R-Ga., said. "That, combined with our trade, is a big deal."
