BAD DEAL Act
Sponsored By: Senator Gillibrand, Kirsten E. [D-NY]
Introduced
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.
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- 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.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
Repeal presidential tariff power and refunds
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 collected before, on, or after enactment. Importers and businesses that paid those duties would be the most direct recipients of refunds or credits. Consumers would likely see lower prices over time, but the bill does not set detailed refund procedures or funding formulas.
Sponsors & CoSponsors
Sponsor
Gillibrand, Kirsten E. [D-NY]
NY • D
Cosponsors
Sen. Rosen, Jacky [D-NV]
NV • D
Sponsored 9/15/2026
Sen. Klobuchar, Amy [D-MN]
MN • D
Sponsored 9/15/2026
Sen. Welch, Peter [D-VT]
VT • D
Sponsored 9/15/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov