Congress may limit presidential tariff power with three new bills

Three bills currently in Congress seek to significantly limit the president's power to impose tariffs, according to Supply Chain Dive and Manufacturing Dive. Experts note there is growing appetite for changes in trade policy, especially with Democrats expected to take control of Congress next year.

Under current law, the president has broad discretion to set tariffs under Sections 232, 301, and 338. President Trump has used these sections to impose tariffs including a 50% levy on steel and aluminum from Canada and Mexico, 10% to 12.5% tariffs on imports from 60 trading partners, and a 50% tariff on a range of Canadian goods.

The three bills—S. 5390, S. 1272, and H.R. 7557—would impose new restrictions on presidential tariff authority. Two of these bills have bipartisan backing. For example, S. 5390, known as the End Trump’s Tariff Tax Act, would repeal Section 338 and end tariffs on Canadian goods imposed under that section. It also requires refunds of duties with interest within 30 days of enactment.

S. 1272, the Trade Review Act of 2025, would increase congressional oversight by requiring the president to notify Congress within 48 hours of imposing or raising tariffs. These measures could provide Congress with greater leverage to influence trade policy and potentially lead to more flexibility from the administration.

Businesses are advised to monitor the progress of these bills closely, as their enactment could reshape the landscape of U.S. trade policy and tariff enforcement.

What we're watching: Whether lawmakers can build bipartisan support to pass these bills and how the administration will respond to increased congressional oversight on tariffs.