# 119-s-5397: BAD DEAL Act

119-s-5397, BAD DEAL Act, is a 119th Congress bill sponsored by Sen. Gillibrand, Kirsten E. [D-NY] (D-NY); status introduced; PRIA reads it as touching household money (as of 2026-10-07).

- Canonical: https://policyrisk.com/legislation/119-s-5397
- As of: 2026-10-07
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: 119-s-5397
- Congress: 119
- Title: BAD DEAL Act
- Status: introduced
- Introduced: 2026-09-15
- Sponsor: Sen. Gillibrand, Kirsten E. [D-NY] (D-NY)
- Cosponsors: 3
- Policy area: Foreign Trade and International Finance
- Touches household money: yes
- Last recorded action: 2026-10-07

## Summary

**Repeal of Section 338 and retroactive tariff refunds.** This bill would remove the President's special authority under Section 338 to issue trade-discriminatory tariff proclamations and would require the government to refund duties collected under those actions. - Importers and businesses: Companies that paid tariffs or duties tied to Section 338 proclamations would be eligible for refunds of amounts collected before, on, or after enactment. - Executive branch: The President would no longer have the statutory power to rely on Section 338 for targeted tariff proclamations, and proclamations based on that authority would lose effect. - Statutory cleanup: The bill removes references to Section 338 in the Tariff Act and directs corrections to the law, eliminating a legal tool previously used to justify discriminatory tariffs.

## Cosponsors (3)

- Sen. Rosen, Jacky [D-NV] (D-NV), 2026-09-15T00:00:00.000Z
- Sen. Klobuchar, Amy [D-MN] (D-MN), 2026-09-15T00:00:00.000Z
- Sen. Welch, Peter [D-VT] (D-VT), 2026-09-15T00:00:00.000Z

## Provisions PRIA read

- Repeal presidential tariff power and refunds: benefit, medium. If enacted, this bill would repeal the law that let the President impose tariffs by proclamation and strip those proclamations of force. The President would be required to take actions to refund every tariff or other duty imposed and collected because of those proclamations, including charges colle…

## Related bills

- 119-s-5071: Children's Safe Welcome Act of 2026
- 119-s-3990: PrEP Access and Coverage Act of 2026
- 119-s-2823: FAMILY Act
- 119-s-51: Washington, D.C. Admission Act
- 119-s-5108: Right to IVF Act of 2026
- 119-s-1503: Equality Act

## Sources
- [119-s-5397 on Congress.gov](https://www.congress.gov/bill/119th-congress/senate-bill/5397)

## Related
- [119-s-5071: Children's Safe Welcome Act of 2026](https://policyrisk.com/legislation/119-s-5071)
- [119-s-3990: PrEP Access and Coverage Act of 2026](https://policyrisk.com/legislation/119-s-3990)
- [119-s-2823: FAMILY Act](https://policyrisk.com/legislation/119-s-2823)
- [119-s-51: Washington, D.C. Admission Act](https://policyrisk.com/legislation/119-s-51)
- [119-s-5108: Right to IVF Act of 2026](https://policyrisk.com/legislation/119-s-5108)
- [119-s-1503: Equality Act](https://policyrisk.com/legislation/119-s-1503)
- [All bills in Congress](https://policyrisk.com/legislation)

Source: PRIA, https://policyrisk.com/legislation/119-s-5397 (as of 2026-10-07).