Why procurement should watch Capitol Hill
Supply Chain Dive reports that Democrats’ control of Congress next year could reopen debate over President Donald Trump’s tariff program. Under current law, the administration retains wide discretion through Sections 232, 301, and 338, tools already used for a 50% levy on Canadian and Mexican steel and aluminum, 10% to 12.5% duties on imports from roughly 60 partners under Section 301, and Section 338 tariffs on a broad set of Canadian goods.
Congress has not pushed back strongly so far, but trade lawyers say three pending measures could materially change how duties are imposed, and how long they last.
Three bills that would curb executive tariff power
Mark Ludwikowski, chair of Clark Hill’s International Trade Practice, pointed Supply Chain Dive to S. 5390, S. 1272, and H.R. 7557. Two carry bipartisan backing.
S. 5390, the End Trump’s Tariff Tax Act introduced Sept. 14 by Sen. Chuck Schumer, would repeal Section 338 and end related Canada levies tied to administration findings on U.S. alcoholic beverages, dairy, and motor vehicles. It would require U.S. Customs and Border Protection to refund covered duties with interest within 30 days of enactment.
S. 1272, the bipartisan Trade Review Act of 2025 from Sen. Maria Cantwell with six co-sponsors including Sen. Chuck Grassley, would require the president to notify Congress within 48 hours when imposing or increasing a tariff, explain rationale, and assess effects on U.S. businesses and consumers. Tariffs would expire after 60 days unless Congress passed authorizing legislation and the president signed it.
H.R. 7557, the Respect NATO Allies Act from Reps. Linda Sánchez and Mike Turner, would require both chambers to approve specified new trade restrictions on imports from NATO allies before implementation, covering new or increased tariffs and certain quota changes while excluding antidumping and countervailing duties.
Ludwikowski said such limits could add leverage and push the administration toward more flexibility on trade.
Bipartisan pressure and oversight beyond new statutes
Whether bills pass, survive veto, or secure a two-thirds override remains unclear. Jonathan Todd, co-lead of transportation and logistics at Benesch, told Supply Chain Dive that complaints from businesses in Republican districts about tariff-fueled prices could draw lawmakers together. “I think there’s a lot more behind tariff and trade policy that is bipartisan than many people would believe,” he said.
Even without new law, Blake Harden of EY’s Washington Council noted a Democrat-controlled Congress could use hearings on tariff negotiations and the appropriations process to demand more detail or different administration behavior. “They can use the power of the purse to try to influence what’s going on in the administration,” Harden said.
Steps buyers can take now
Lawyers advising Supply Chain Dive clients recommend action while Congress sorts out its agenda. Ludwikowski cited tracking tariff-affected products, verifying classifications and exclusions with customs brokers, and documenting tariff-related costs and sales impacts.
Todd urged embedding tariffs in landed cost models, staying current on compliance, and weighing tariff-free U.S. finishing or light manufacturing. Mapping supply chains to see which origins and inputs carry duties gives procurement and finance a clearer picture if rates or authorities shift.
