Sponsors (10)
Official title: To repeal section 338 of the Tariff Act of 1930 and nullify certain Presidential proclamations imposing a tariff or other duty pursuant to such section, and for other purposes.
Introduced August 27, 2026 by Brad Schneider · Last progress August 27, 2026
The bill strips a broad presidential tariff authority and refunds duties to importers—giving direct financial relief to importers and consumers and restoring congressional control over tariffs, but incurring federal costs, exposing some domestic producers to more competition, and creating administrative and legal burdens.
Importers and domestic businesses that paid tariffs under Section 338 will receive retroactive refunds of duties, reducing their immediate costs and improving cash flow for affected firms.
Households and consumers of affected imported goods could face lower import-related price pressures over time if tariffs imposed under the authority are reversed, easing living costs for those who buy these goods.
Congress (and by extension the public) regains a key check on trade policy because the bill removes a statutory source of broad presidential tariff authority, reducing the scope for unilateral executive tariff actions.
Federal taxpayers may bear a measurable fiscal cost from refunding previously collected duties, which could increase the deficit or create pressure to find offsets.
Domestic producers and industries that benefited from protective tariffs could lose price protections and face increased foreign competition, potentially harming some U.S. businesses and workers.
Customs and Treasury will face administrative burdens to process retroactive refunds, which could delay reimbursements and add processing friction at ports and for financial institutions handling claims.
Based on analysis of 2 sections of legislative text.
Repeals the presidential tariff proclamation authority in 19 U.S.C. § 1338, voids proclamations under it, and requires refunds of duties collected under those proclamations.
Repeals the statutory authority that allows the President to proclaim and impose tariffs under 19 U.S.C. § 1338, voids any proclamations issued under that authority, and requires the executive branch to refund any tariffs or duties collected under those proclamations, including amounts collected before enactment. The refunds are required retroactively and apply to duties collected before, on, or after the law takes effect.