S.1272 - Trade Review Act of 2025 (119th Congress)
Summary
The Trade Review Act of 2025 aims to increase Congressional oversight of duties imposed by the President. It mandates that the President notify Congress within 48 hours of imposing or increasing duties on imported articles, including a justification and impact assessment. The Act stipulates that such duties expire after 60 days unless Congress approves them through a joint resolution.
This bill excludes antidumping and countervailing duties. It also establishes expedited procedures for Congressional review, allowing for joint resolutions of approval or disapproval.
The bill seeks to reassert Congress's role in trade policy, potentially limiting the President's unilateral power to impose tariffs.
Expected Effects
The Act would likely lead to more Congressional involvement in trade policy decisions. Presidential actions on tariffs could be checked by Congress, potentially leading to fewer or more targeted duties.
Businesses would face a more predictable trade environment, as duties would be subject to Congressional review. This could reduce uncertainty in international trade.
Consumers might see more stable prices if fewer tariffs are imposed, but this depends on how Congress chooses to act.
Potential Benefits
- Increased Congressional Oversight: Ensures that trade policy decisions are subject to Congressional review, promoting accountability.
- Potential for More Balanced Trade Policy: Congress can check presidential power, leading to more moderate trade policies.
- Greater Transparency: The notification requirement forces the President to explain the reasoning behind imposing duties.
- Reduced Uncertainty for Businesses: The 60-day expiration clause provides a timeline for duty assessments, aiding business planning.
- Potential Consumer Benefits: If Congress disapproves of certain duties, consumers may avoid price increases.
Potential Disadvantages
- Potential for Political Gridlock: Disagreements between the President and Congress could lead to delays or inaction on trade issues.
- Reduced Presidential Flexibility: The Act limits the President's ability to respond quickly to trade challenges.
- Increased Lobbying: Businesses may lobby Congress to approve or disapprove duties, potentially distorting the decision-making process.
- Complexity and Bureaucracy: The notification and review process could add complexity to trade policy implementation.
- Potential for Trade Disruptions: If Congress disapproves of duties, it could disrupt trade relationships and create uncertainty.
Constitutional Alignment
The Act appears to align with Article I, Section 8 of the Constitution, which grants Congress the power to regulate commerce with foreign nations. By requiring Congressional review of duties, the Act reinforces Congress's role in trade policy.
The Act also reflects the principle of checks and balances, ensuring that the executive branch's power to impose duties is subject to legislative oversight. The expedited procedures for Congressional review are consistent with Congress's power to set its own rules and procedures.
However, some might argue that the Act infringes on the President's implied powers in foreign affairs. The Constitution grants the President significant authority in foreign policy, and this Act could be seen as limiting that authority.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).