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II
119th CONGRESS
2d Session
S. 5397
IN THE SENATE OF THE UNITED STATES

September 15, 2026

Mrs. Gillibrand (for herself, Mr. Welch, Ms. Rosen, and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To repeal section 338 of the Tariff Act of 1930.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. Short title

This Act may be cited as the Banning Antiquated Duties and Delivering Equitable American Levies Act or the BAD DEAL Act.

Sec. 2. Repeal of authorities relating to trade discrimination by foreign countries; nullification of certain presidential proclamations

(a) In general

Section 338 of the Tariff Act of 1930 (19 U.S.C. 1338) is hereby repealed and any Presidential proclamation promulgated in whole or in part pursuant to such section shall have no force or effect.

(b) Retroactive application

The President shall take such actions as may be necessary to provide for the refund of each tariff or other duty imposed and collected before, on, or after the date of the enactment of this Act by reason of the implementation of a Presidential proclamation or other action promulgated in whole or in part pursuant to section 338 of the Tariff Act of 1930 (19 U.S.C. 1338).

(c) Conforming amendment

Section 337(m) of the Tariff Act of 1930 (19 U.S.C. 1337(m)) is amended by striking sections 338 and and inserting section.