Washington, D.C. – U.S. Senator Maria Cantwell (D-WA) has introduced the bipartisan Trade Review Act of 2025, aimed at reaffirming Congress’s constitutional role in setting and approving U.S. trade policy. The legislation, co-sponsored by Kansas Senator Jerry Moran and a dozen other senators, seeks to limit the president’s ability to impose unilateral tariffs. Notably, Kansas Senator Roger Marshall and Missouri’s senators have not yet signed on to support the bill.
Modeled after the War Powers Resolution of 1973, the Trade Review Act of 2025 aims to restore congressional oversight over tariffs, as outlined in Article I, Section 8 of the Constitution.
“Trade wars can be as devastating, which is why the Founding Fathers gave Congress the clear Constitutional authority over war and trade,” stated Senator Cantwell. “This bill reasserts Congress’s role over trade policy to ensure rules-based trade policies are transparent, consistent, and benefit the American public. Arbitrary tariffs, particularly on our allies, damage U.S. export opportunities and raise prices for American consumers and businesses. As representatives of the American people, Congress has a duty to stop actions that will cause them harm.”
The bill proposes the following key limitations on the president’s power to impose tariffs:
- Notification: The president must notify Congress within 48 hours of imposing or increasing a tariff.
- Explanation and Analysis: The notification must include the president’s reasoning and an analysis of the potential impact on American businesses and consumers.
- Congressional Approval: Congress must pass a joint resolution of approval within 60 days, or the tariffs expire.
- Congressional Disapproval: Congress can end tariffs at any time by passing a resolution of disapproval.
- Exclusions: Anti-dumping and countervailing duties are excluded from the bill’s provisions.
The full bill text is available online.
The National Retail Federation (NRF), the world’s largest retail trade association, has endorsed the Trade Review Act of 2025. In a letter to Senator Cantwell, David French, NRF’s Executive Vice President, Government Relations, emphasized the potential negative impact of unilateral tariffs on businesses and consumers.
“The Trade Review Act of 2025 will provide Congress with the opportunity to review and vote on whether to keep announced tariff actions in place,” French wrote. “Requiring an explanation as well as an assessment of the tariff actions from the administration is critical. We have seen that the recently announced ‘reciprocal’ tariffs will have a significant negative impact on businesses, especially small retailers. One estimate indicates these tariffs could lead to a $2,100 tax increase per household. The increased tariffs are not sustainable for small businesses that have to pay the tax. Many are concerned about their ability to stay in business as a result.”
