119-hr735

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 735 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 735

 To authorize the President to take certain actions relating to 
 reciprocal trade, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 24, 2025

 Mr. Moore of West Virginia (for himself, Ms. Greene of Georgia, Mr. 
 Collins, Mr. McDowell, Mr. Hamadeh of Arizona, Mr. Loudermilk, Mr. 
 Jack, Mr. Begich, and Mr. Rulli) introduced the following bill; which 
was referred to the Committee on Ways and Means, and in addition to the 
 Committee on Rules, for a period to be subsequently determined by the 
 Speaker, in each case for consideration of such provisions as fall 
 within the jurisdiction of the committee concerned

_______________________________________________________________________

 A BILL

 To authorize the President to take certain actions relating to 
 reciprocal trade, and for other purposes.

 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 ``United States Reciprocal Trade 
Act''.

SEC. 2. FINDINGS.

 Congress finds the following:

    (1) The United States maintains an open market for goods, 
 with relatively low tariffs, and has long encouraged trading 
 partners, both bilaterally and in multilateral fora, to 
 liberalize their markets.

    (2) The United States is the world's largest importer of 
 goods.

    (3) Trading partners of the United States in many instances 
 impose significantly higher tariffs on United States goods than 
 the United States imposes on the same or similar goods imported 
 from those same countries.

    (4) Europeans have continued to protect their auto markets 
 from United States automotive companies through high tariffs 
 while dumping cheap European cars into the United States, 
 undermining our automotive industry.

    (5) Canadian and Mexican authorities have flooded American 
 markets with cheap goods while simultaneously allowing for 
 illegal migrants and poisonous fentanyl to pour into the United 
 States.

    (6) United States trading partners in many instances impose 
 significant nontariff barriers that greatly undermine the value 
 of negotiated tariff concessions.

    (7) The lack of reciprocity in tariff levels and 
 disproportionate use of nontariff barriers by United States 
 trading partners facilitates foreign imports, discourages 
 United States exports, and puts United States producers, 
 farmers, and workers at a competitive disadvantage.

    (8) The lack of reciprocity in tariff levels and nontariff 
 barriers contributes to the large and growing United States 
 trade deficit in goods, which is a drag on economic growth and 
 undermines economic prosperity.

    (9) Tariffs under the Trump presidency substantially shrank 
 the trade deficit with China.

    (10) The President must be able to levy tariffs on our 
 global competitors. Preferential treatment of adversaries, such 
 as China's Most Favored Nation trading status, undermines 
 American national security interests domestically and around 
 the world.

    (11) To date a number of United States trading partners 
 have been unwilling, including in multilateral negotiations, to 
 reduce tariffs and eliminate nontariff barriers applied to 
 United States exports.

    (12) The United States should seek action by United States 
 trading partners to lower tariffs and eliminate nontariff 
 barriers, to promote efficiency in those markets and enhance 
 opportunities for United States producers, farmers, and 
 workers.

    (13) For the United States to maintain its economic 
 dominance globally, the President must have the authority to 
 levy reciprocal tariffs against unfair trading partners.

    (14) The President should have a wide array of tools to 
 open the markets of United States trading partners and 
 encourage participation in negotiations to liberalize trade in 
 goods on a fair and reciprocal basis, including the authority 
 to adjust tariff rates to reciprocal levels.

SEC. 3. AUTHORITY TO TAKE CERTAIN ACTIONS RELATING TO RECIPROCAL TRADE.

    (a) In General.--If the President determines that--

    (1) the rate of duty imposed by a foreign country with 
 respect to a particular good, when imported from the United 
 States, is significantly higher than the rate of duty imposed 
 by the United States on that good, when imported from that 
 country, or

    (2) the nontariff barriers applied by a foreign country 
 with respect to a particular good, when imported from the 
 United States, impose significantly higher burdens, alone or in 
 combination with any tariffs imposed by that country on that 
 good, than the burdens of the nontariff barriers applied by the 
 United States with respect to that good, alone or in 
 combination with any tariffs imposed by the United States on 
 that good, when imported from that country,
the President may take one or more of the actions authorized under 
subsection

    (b) .

    (b) Actions Authorized.--The actions authorized under this 
subsection are the following:

    (1) To negotiate and seek to enter into an agreement with 
 the foreign country that commits the country to reduce the rate 
 of duty or reduce or eliminate nontariff barriers on the good 
 that is the subject of the determination under subsection

    (a) .

    (2) To impose a rate of duty on imports of the good that is 
 equal to--
        (A) the rate of duty imposed by the foreign country 
 with respect to the good, in the case of a 
 determination described in subsection

    (a)

    (1) ; or
        (B) the effective rate of duty of the nontariff 
 barriers applied by the foreign country with respect to 
 the good, alone or in combination with any tariffs 
 imposed by that country on that good, in the case of a 
 determination described in subsection

    (a)

    (2) .
            (c) Factors.--In taking an action authorized under subsection

    (b) , 
the President shall consider the following factors:

    (1) The tariff classification of the good by the United 
 States and the tariff classification of the good by the foreign 
 country.

    (2) The rate of duty applied by the United States with 
 respect to the good and the rate of duty applied by the foreign 
 country with respect to the good.

    (3) The physical characteristics of the good.

    (4) The end uses and existence of a competitive 
 relationship between the good--
        (A) as exported from the United States to the 
 foreign country; and
        (B) as imported from the country to the United 
 States.

    (5) The level of exports of the good by the country to the 
 United States and to other countries.

    (6) In the case of a determination described in subsection

    (a)

    (1) , the extent to which the rate of duty applied by the 
 foreign country with respect to the good is impeding or 
 distorting trade.

    (7) In the case of a determination described in subsection

    (a)

    (2) --
        (A) the extent of the nontariff barriers applied by 
 the foreign country with respect to the good and the 
 extent of the nontariff barriers applied by the United 
 States with respect to the good;
        (B) the extent to which the nontariff barriers 
 applied by the country with respect to the good, alone 
 or in combination with any tariffs imposed by that 
 country on that good, are impeding or distorting trade;
            (C) the identified purpose of the nontariff 
 barriers applied by the country with respect to the 
 good, if any, and the extent to which the nontariff 
 barriers are more restrictive than necessary to meet 
 that purpose; and
            (D) the degree of transparency of the process by 
 which the country adopted the nontariff barriers.

    (8) Other factors, as the President determines appropriate.
            (d) Role of USTR.--The United States Trade Representative, in 
consultation with the Secretary of Treasury, the Secretary of Commerce, 
and the heads of other relevant Federal agencies, shall advise the 
President in determining the effective rate of duty imposed by the 
nontariff barriers applied by a foreign country with respect to a good, 
alone or in combination with any tariffs imposed by that country on 
that good, in the case of a determination described in subsection

    (a)

    (2) .

    (e) Lower Rate of Duty.--The President may impose a rate of duty on 
imports of a good from a foreign country that is lower than the rate of 
duty described in subsection

    (b)

    (2)
        (A) or lower than the effective rate 
of duty described in subsection

    (b)

    (2)
        (B) , as the case may be, if the 
President determines that application of such lower rate of duty is 
necessary and appropriate.

    (f) Higher Rate of Duty.--If the President imposes a rate of duty 
on imports of a good from a foreign country under subsection

    (b)

    (2) , 
and the country further increases its rate of duty on imports of the 
good from the United States, the President may further increase the 
rate of duty on imports of the good from the country to a rate that is 
equal to the rate of duty applied by that country.

    (g) Termination.--The President shall terminate the imposition of 
any increase in the rate of duty on imports of a good from a foreign 
country under subsection

    (b)

    (2) effective on the date on which the 
President determines that--

    (1) the foreign country is no longer--
        (A) imposing a rate of duty with respect to the 
 good, as described in subsection

    (a)

    (1) ; or
        (B) applying nontariff barriers with respect to the 
 good, as described in subsection

    (a)

    (2) ; or

    (2) continued imposition of the increased rate of duty on 
 imports of the good from the foreign country is not in the 
 economic or public interest of the United States.

SEC. 4. NOTICE AND CONSULTATION.

    (a) In General.--Before taking any action authorized under 

section 3

    (b)

    (1) , the President shall provide notice to and consult with the 
Committee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate regarding the proposed action.

    (b) Notice.--Before taking any action authorized under 

section 3

    (b)

    (2) , the President shall--

    (1) not less than 30 days before the date on which 
 imposition of an increased rate of duty on imports of a good 
 from a foreign country is to take effect, publish notice in the 
 Federal Register of, and allow for public comment on, the 
 proposed imposition and level of such increased rate of duty; 
 and

    (2) seek advice regarding the proposed action from the 
 advisory committees established under 

section 135 of the Trade 
 Act of 1974 (19 U.S.C. 2155).
            (c) Additional Notice.--The President shall promptly publish in the 
Federal Register notice of any action taken pursuant to 

section 3

    (f) or 
3

    (g) .

SEC. 5. CONGRESSIONAL DISAPPROVAL OF PRESIDENTIAL IMPOSITION OF RATES 
 OF DUTY ON IMPORTS OF GOODS FROM FOREIGN COUNTRIES UNDER 
 

SECTION 3
        (B) (2) ; DISAPPROVAL RESOLUTION.

    (a) In General.--An action taken by the President under 

section 3

    (b)

    (2) to impose a rate of duty on imports of a good from a foreign 
country shall cease to have force and effect upon the enactment of a 
disapproval resolution, provided for in subsection

    (b) , relating to 
that action.

    (b) Congressional Rulemaking Power; Disapproval Resolution.--

    (1) In general.--This section is enacted by the Congress--
        (A) as an exercise of the rulemaking power of the 
 House of Representatives and the Senate, respectively, 
 and as such is deemed a part of the rules of each 
 House, respectively, but applicable only with respect 
 to the procedures to be followed in that House in the 
 case of disapproval resolutions and such procedures 
 supersede other rules only to the extent that they are 
 inconsistent therewith; and
        (B) with the full recognition of the constitutional 
 right of either House to change the rules (so far as 
 relating to the procedure of that House) at any time, 
 in the same manner, and to the same extent as any other 
 rule of that House.

    (2) Disapproval resolution.--For purposes of this section, 
 the term ``disapproval resolution'' means only a joint 
 resolution of either House of Congress the matter after the 
 resolving clause of which is as follows: ``That the Congress 
 disapproves the action taken under 

section 3

    (b)

    (2) of the 
 United States Reciprocal Trade Act with respect to the 
 imposition of a rate of duty on imports of __ from __ under 
 such 

section 3

    (b)

    (2) .'', the first blank space being filled 
 with a description of the good with respect to which the duty 
 is imposed under 

section 3

    (b)

    (2) and the second blank being 
 filled with the name of the foreign country from which the good 
 is imported into the United States.

    (3) Consideration.--
        (A) Introduction.--All disapproval resolutions 
 introduced in the House of Representatives shall be 
 referred to the Committee on Ways and Means and all 
 disapproval resolutions introduced in the Senate shall 
 be referred to the Committee on Finance.
        (B) Amendments prohibited; motions to suspend 
 application of this subparagraph prohibited.--No 
 amendment to a disapproval resolution shall be in order 
 in either the House of Representatives or the Senate, 
 and no motion to suspend the application of this 
 subparagraph shall be in order in either House nor 
 shall it be in order in either House for the Presiding 
 Officer to entertain a request to suspend the 
 application of this subparagraph by unanimous consent.
            (C) Majority required for adoption.--A disapproval 
 resolution considered under this subsection shall 
 require an affirmative vote of two-thirds of the 
 Members, duly chosen and sworn, for adoption.

SEC. 6. REPORT.

 Before entering into an agreement with a foreign country under 

section 3

    (b)

    (1) , the United States Trade Representative shall submit to 
the appropriate congressional committees and leadership a report that 
describes--

    (1) the implementation of the agreement, including how it 
 is consistent with and does not materially differ from or 
 otherwise affect Federal or State laws or regulations;

    (2) the impact on the competitiveness of United States 
 businesses; and

    (3) the impact on United States consumers.

SEC. 7. SUNSET OF PRESIDENTIAL IMPOSITION OF RATES OF DUTY ON IMPORTS 
 OF GOODS FROM FOREIGN COUNTRIES UNDER 

SECTION 3
        (B) (2) BY 
 DISAPPROVAL RESOLUTION.

    (a) In General.--The authority of the President to take an action 
under 

section 3

    (b)

    (2) to impose a rate of duty on imports of a good 
from a foreign country--

    (1) shall be effective for the period ending on the date 
 that is three years after the date of the enactment of this 
 Act; and

    (2) shall be extended for an additional period of three 
 years if (and only if)--
        (A) the President requests such extension under 
 subsection

    (b) ; and
        (B) a disapproval resolution is not enacted into 
 law as provided for under subsection
            (c) .

    (b) Report to Congress.--If the President is of the opinion that 
the authority of the President to take an action under 

section 3

    (b)

    (2) to impose a rate of duty on imports of a good from a foreign country 
should be extended for the additional period described in subsection

    (a)

    (2) , the President shall submit to Congress, not later than the date 
that is three months before the end of the period described in 
subsection

    (a)

    (1) , a written report that contains a request for such 
extension, together with a description of all actions taken under 

section 3

    (b)

    (2) to date.
            (c) Disapproval Resolution.--

    (1) Congressional rulemaking power.--This section is 
 enacted by the Congress--
        (A) as an exercise of the rulemaking power of the 
 House of Representatives and the Senate, respectively, 
 and as such is deemed a part of the rules of each 
 House, respectively, but applicable only with respect 
 to the procedures to be followed in that House in the 
 case of disapproval resolutions and such procedures 
 supersede other rules only to the extent that they are 
 inconsistent therewith; and
        (B) with the full recognition of the constitutional 
 right of either House to change the rules (so far as 
 relating to the procedure of that House) at any time, 
 in the same manner, and to the same extent as any other 
 rule of that House.

    (2) Disapproval resolution.--For purposes of subsection

    (a) , the term ``disapproval resolution'' means only a joint 
 resolution of either House of Congress the matter after the 
 resolving clause of which is as follows: ``That the Congress 
 disapproves the request of the President for the extension, 
 under 

section 7

    (a)

    (2)
        (A) of the United States Reciprocal Trade 
 Act, of the authority of the President to take an action under 
 

section 3

    (b)

    (2) of such Act to impose a rate of duty on imports 
 of a good from a foreign country after the period ending on the 
 date that is three years after the date of the enactment of 
 such Act.''.

    (3) Introduction; referral.--A disapproval resolution--
        (A) may be introduced in either House of Congress 
 by any member of such House; and
        (B) shall be referred, in the House of 
 Representatives, to the Committee on Ways and Means 
 and, in addition, to the Committee on Rules.

    (4) Floor consideration.--The provisions of subsections
            (d) and

    (e) of 

section 152 of the Trade Act of 1974 (19 U.S.C. 
 2192) (relating to the floor consideration of certain 
 resolutions in the House and Senate) apply to a disapproval 
 resolution.

    (5) Limitations on consideration.--It is not in order for--
        (A) the House of Representatives to consider any 
 disapproval resolution not reported by the Committee on 
 Ways and Means and, in addition, by the Committee on 
 Rules;
        (B) the Senate to consider any disapproval 
 resolution not reported by the Committee on Finance; or
            (C) either House of Congress to consider a 
 disapproval resolution after the date that is three 
 years after the date of the enactment of this Act.
            (d) Rules of Construction.--

    (1) In general.--An action authorized under 

section 3

    (b)

    (2) to impose a rate of duty on imports of a good from a foreign 
 country that is taken before the end of the period described in 
 subsection

    (a)

    (1) or the end of the period described in 
 subsection

    (a)

    (2) shall remain in effect after the end of such 
 respective period.

    (2) Additional authorities.--The President may exercise the 
 authorities of subsections

    (e) ,

    (f) , and

    (g) of 

section 3 with 
 respect to an action described in paragraph

    (1) after the end 
 of the period described in such paragraph that is applicable to 
 such action.

SEC. 8. DEFINITIONS.

 In this Act:

    (1) Appropriate congressional committees and leadership.--
 The term ``appropriate congressional committees and 
 leadership'' means--
        (A) the Committee on Ways and Means of the House of 
 Representatives and the Committee on Finance of the 
 Senate; and
        (B) the Speaker of the House of Representatives, 
 the minority leader of the House of Representatives, 
 the majority leader of the Senate, and the minority 
 leader of the Senate.

    (2) Nontariff barrier.--The term ``nontariff barrier'' 
 includes any government-imposed measure or policy, other than a 
 customs duty, that restricts, prevents, or impedes 
 international trade in goods, including import policies, 
 sanitary and phytosanitary measures, technical barriers to 
 trade, government procurement, export subsidies, lack of 
 intellectual property protection, digital trade barriers, and 
 government-tolerated anticompetitive conduct of state-owned or 
 private firms.

    (3) Rate of duty.--The term ``rate of duty'' means the rate 
 of customs duty applied on imports of a good, but does not 
 include an antidumping or countervailing duty or a duty applied 
 under a preferential tariff arrangement.
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