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S. 5397

BillFederalSenateIn Committee
A bill to repeal section 338 of the Tariff Act of 1930.
About This Bill
Committee
Latest Action · September 15, 2026
Read twice and referred to the Committee on Finance.
Introduced
September 15, 2026
Cosponsors (3)
3D 0R
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Summary

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The BAD DEAL Act would repeal Section 338 of the Tariff Act of 1930, which gives the President authority to impose tariffs in response to discriminatory trade practices by foreign countries. The bill would eliminate this presidential power and nullify any tariffs imposed under this authority, affecting importers, businesses that rely on imports, and consumers who pay tariff-related costs. The legislation includes a retroactive provision requiring the government to refund all tariffs and duties that were collected under Section 338 authority before and after the bill's enactment, which could represent a substantial financial obligation. The bill was introduced in September 2026 by Senators Gillibrand, Welch, Rosen, and Klobuchar and referred to the Senate Committee on Finance for consideration. No specific timeline or funding amount is specified in the legislation.

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