,i #aafth ,,congress #ast ,session ,h4 ,r4 #gfd ,,in ,,the ,,house ,,of ,,representatives ,january #bd1 #bjai ,mr4 ,duffy 7for himself1 ,mr4 ,aderholt1 ,mr4 ,collins of ,new ,york1 ,mr4 ,cook1 ,mr4 ,diaz-,balart1 ,mr4 ,gaetz1 ,mr4 ,gibbs1 ,mr4 ,kelly of ,pennsylvania1 ,mr4 ,long1 ,mr4 ,mc,kinley1 ,mrs4 ,miller1 ,mr4 ,sensenbrenner1 ,mr4 ,stauber1 ,mr4 ,hunter1 ,mr4 ,crawford1 ,mr4 ,king of ,new ,york1 ,mr4 ,burgess1 ,mr4 ,palazzo1 and ,mr4 ,rouzer7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means1 and in addition to the ,committee on ,rules1 for a period to be subsequently determined by the ,speaker1 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 trade1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,united ,states ,reciprocal ,trade ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the ,united ,states maintains an open market for goods1 with relatively low tariffs1 and has long encouraged trading partners1 both bilaterally and in multilateral fora1 to liberalize their markets4 7#b7 ,the ,united ,states is the world's largest importer of goods4 7#c7 ,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 countries4 7#d7 ,united ,states trading partners in many instances impose significant nontariff barriers that greatly undermine the value of negotiated tariff concessions4 7#e7 ,the lack of reciprocity in tariff levels and disproportionate use of nontariff barriers by ,united ,states trading partners facilitates foreign imports1 discourages ,united ,states exports1 and puts ,united ,states producers1 farmers1 and workers at a competitive disadvantage4 7#f7 ,the lack of reciprocity in tariff levels and nontariff barriers contributes to the large and growing ,united ,states trade deficit in goods1 which is a drag on economic growth and undermines economic prosperity4 7#g7 ,to date a number of ,united ,states trading partners have been unwilling1 including in multilateral negotiations1 to reduce tariffs and eliminate nontariff barriers applied to ,united ,states exports4 7#h7 ,the ,united ,states should seek action by ,united ,states trading partners to lower tariffs and eliminate nontariff barriers1 to promote efficiency in those markets and enhance opportunities for ,united ,states producers1 farmers1 and workers4 7#i7 ,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 basis1 including the authority to adjust tariff rates to reciprocal levels4 #c4 ,authority to take certain actions relating to reciprocal trade 7a7 ,in general ,if the ,president determines that-- 7#a7 the rate of duty imposed by a foreign country with respect to a particular good1 when imported from the ,united ,states1 is significantly higher than the rate of duty imposed by the ,united ,states on that good1 when imported from that country1 or 7#b7 the nontariff barriers applied by a foreign country with respect to a particular good1 when imported from the ,united ,states1 impose significantly higher burdens1 alone or in combination with any tariffs imposed by that country on that good1 than the burdens of the nontariff barriers applied by the ,united ,states with respect to that good1 alone or in combination with any tariffs imposed by the ,united ,states on that good1 when imported from that country1 the ,president may take one or more of the actions authorized under subsection 7b74 7b7 ,actions authorized ,the actions authorized under this subsection are the following3 7#a7 ,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 7a74 7#b7 ,to impose a rate of duty on imports of the good that is equal to-- 7,a7 the rate of duty imposed by the foreign country with respect to the good1 in the case of a determination described in subsection 7a77#a72 or 7,b7 the effective rate of duty of the nontariff barriers applied by the foreign country with respect to the good1 alone or in combination with any tariffs imposed by that country on that good1 in the case of a determination described in subsection 7a77#b74 7c7 ,factors ,in taking an action authorized under subsection 7b71 the ,president shall consider the following factors3 7#a7 ,the tariff classification of the good by the ,united ,states and the tariff classification of the good by the foreign country4 7#b7 ,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 good4 7#c7 ,the physical characteristics of the good4 7#d7 ,the end uses and existence of a competitive relationship between the good-- 7,a7 as exported from the ,united ,states to the foreign country2 and 7,b7 as imported from the country to the ,united ,states4 7#e7 ,the level of exports of the good by the country to the ,united ,states and to other countries4 7#f7 ,in the case of a determination described in subsection 7a77#a71 the extent to which the rate of duty applied by the foreign country with respect to the good is impeding or distorting trade4 7#g7 ,in the case of a determination described in subsection 7a77#b7-- 7,a7 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 good2 7,b7 the extent to which the nontariff barriers applied by the country with respect to the good1 alone or in combination with any tariffs imposed by that country on that good1 are impeding or distorting trade2 7,c7 the identified purpose of the nontariff barriers applied by the country with respect to the good1 if any1 and the extent to which the nontariff barriers are more restrictive than necessary to meet that purpose2 and 7,d7 the degree of transparency of the process by which the country adopted the nontariff barriers4 7#h7 ,other factors1 as the ,president determines appropriate4 7d7 ,role of ,,ustr ,the ,united ,states ,trade ,representative1 in consultation with the ,secretary of ,treasury1 the ,secretary of ,commerce1 and the heads of other relevant ,federal agencies1 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 good1 alone or in combination with any tariffs imposed by that country on that good1 in the case of a determination described in subsection 7a77#b74 7e7 ,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 7b77#b77;,a7 or lower than the effective rate of duty described in subsection 7b77#b77;,b71 as the case may be1 if the ,president determines that application of such lower rate of duty is necessary and appropriate4 7f7 ,higher rate of duty ,if the ,president imposes a rate of duty on imports of a good from a foreign country under subsection 7b77#b71 and the country further increases its rate of duty on imports of the good from the ,united ,states1 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 country4 7g7 ,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 7b77#b7 effective on the date on which the ,president determines that-- 7#a7 the foreign country is no longer-- 7,a7 imposing a rate of duty with respect to the good1 as described in subsection 7a77#a72 or 7,b7 applying nontariff barriers with respect to the good1 as described in subsection 7a77#b72 or 7#b7 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 ,states4 #d4 ,notice and consultation 7a7 ,in general ,before taking any action authorized under section #c7;b77#a71 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 action4 7b7 ,notice ,before taking any action authorized under section #c7;b77#b71 the ,president shall-- 7#a7 not less than #de 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 effect1 publish notice in the ,federal ,register of1 and allow for public comment on1 the proposed imposition and level of such increased rate of duty2 and 7#b7 seek advice regarding the proposed action from the advisory committees established under section #ace of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baee74 7c7 ,additional notice ,the ,president shall promptly publish in the ,federal ,register notice of any action taken pursuant to section #c7;f7 or #c7;g74 #e4 ,congressional disapproval of ,presidential imposition of rates of duty on imports of goods from foreign countries under section #c7;b77#b72 disapproval resolution 7a7 ,in general ,an action taken by the ,president under section #c7;b77#b7 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 resolution1 provided for in subsection 7b71 relating to that action4 7b7 ,congressional rulemaking power2 disapproval resolution 7#a7 ,in general ,this section is enacted by the ,congress-- 7,a7 as an exercise of the rulemaking power of the ,house of ,representatives and the ,senate1 respectively1 and as such is deemed a part of the rules of each ,house1 respectively1 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 therewith2 and 7,b7 with the full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as any other rule of that ,house4 7#b7 ,disapproval resolution ,for purposes of this section1 the term disapproval resolution means only a joint resolution of either ,house of ,congress the matter after the resolving clause of which is as follows3 ,that the ,congress disapproves the action taken under section #c7;b77#b7 of the ,united ,states ,reciprocal ,trade ,act with respect to the imposition of a rate of duty on imports of from under such section #c7;b77#b741 the first blank space being filled with a description of the good with respect to which the duty is imposed under section #c7;b77#b7 and the second blank being filled with the name of the foreign country from which the good is imported into the ,united ,states4 7#c7 ,consideration 7,a7 ,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 ,finance4 7,b7 ,amendments prohibited2 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 ,senate1 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 consent4 7,c7 ,majority required for adoption ,a disapproval resolution considered under this subsection shall require an affirmative vote of two-thirds of the ,members1 duly chosen and sworn1 for adoption4 #f4 ,report ,before entering into an agreement with a foreign country under section #c7;b77#a71 the ,united ,states ,trade ,representative shall submit to the appropriate congressional committees and leadership a report that describes-- 7#a7 the implementation of the agreement1 including how it is consistent with and does not materially differ from or otherwise affect ,federal or ,state laws or regulations2 7#b7 the impact on the competitiveness of ,united ,states businesses2 and 7#c7 the impact on ,united ,states consumers4 #g4 ,sunset of ,presidential imposition of rates of duty on imports of goods from foreign countries under section #c7;b77#b7 by disapproval resolution 7a7 ,in general ,the authority of the ,president to take an action under section #c7;b77#b7 to impose a rate of duty on imports of a good from a foreign country-- 7#a7 shall be effective for the period ending on the date that is three years after the date of the enactment of this ,act2 and 7#b7 shall be extended for an additional period of three years if 7and only if7-- 7,a7 the ,president requests such extension under subsection 7b72 and 7,b7 a disapproval resolution is not enacted into law as provided for under subsection 7c74 7b7 ,report to ,congress ,if the ,president is of the opinion that the authority of the ,president to take an action under section #c7;b77#b7 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 7a77#b71 the ,president shall submit to ,congress1 not later than the date that is three months before the end of the period described in subsection 7a77#a71 a written report that contains a request for such extension1 together with a description of all actions taken under section #c7;b77#b7 to date4 7c7 ,disapproval resolution 7#a7 ,congressional rulemaking power ,this section is enacted by the ,congress-- 7,a7 as an exercise of the rulemaking power of the ,house of ,representatives and the ,senate1 respectively1 and as such is deemed a part of the rules of each ,house1 respectively1 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 therewith2 and 7,b7 with the full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as any other rule of that ,house4 7#b7 ,disapproval resolution ,for purposes of subsection 7a71 the term disapproval resolution means only a joint resolution of either ,house of ,congress the matter after the resolving clause of which is as follows3 ,that the ,congress disapproves the request of the ,president for the extension1 under section #g7;a77#b77;,a7 of the ,united ,states ,reciprocal ,trade ,act1 of the authority of the ,president to take an action under section #c7;b77#b7 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 ,act44 7#c7 ,introduction2 referral ,a disapproval resolution-- 7,a7 may be introduced in either ,house of ,congress by any member of such ,house2 and 7,b7 shall be referred1 in the ,house of ,representatives1 to the ,committee on ,ways and ,means and1 in addition1 to the ,committee on ,rules4 7#d7 ,floor consideration ,the provisions of subsections 7d7 and 7e7 of section #aeb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baib7 7relating to the floor consideration of certain resolutions in the ,house and ,senate7 apply to a disapproval resolution4 7#e7 ,limitations on consideration ,it is not in order for-- 7,a7 the ,house of ,representatives to consider any disapproval resolution not reported by the ,committee on ,ways and ,means and1 in addition1 by the ,committee on ,rules2 7,b7 the ,senate to consider any disapproval resolution not reported by the ,committee on ,finance2 or 7,c7 either ,house of ,congress to consider a disapproval resolution after the date that is three years after the date of the enactment of this ,act4 7d7 ,rules of construction 7#a7 ,in general ,an action authorized under section #c7;b77#b7 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 7a77#a7 or the end of the period described in subsection 7a77#b7 shall remain in effect after the end of such respective period4 7#b7 ,additional authorities ,the ,president may exercise the authorities of subsections 7e71 7f71 and 7g7 of section #c with respect to an action described in paragraph 7#a7 after the end of the period described in such paragraph that is applicable to such action4 #h4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees and leadership ,the term appropriate congressional committees and leadership means-- 7,a7 the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate2 and 7,b7 the ,speaker of the ,house of ,representatives1 the minority leader of the ,house of ,representatives1 the majority leader of the ,senate1 and the minority leader of the ,senate4 7#b7 ,nontariff barrier ,the term nontariff barrier includes any government-imposed measure or policy1 other than a customs duty1 that restricts1 prevents1 or impedes international trade in goods1 including import policies1 sanitary and phytosanitary measures1 technical barriers to trade1 government procurement1 export subsidies1 lack of intellectual property protection1 digital trade barriers1 and government-tolerated anticompetitive conduct of state-owned or private firms4 7#c7 ,rate of duty ,the term rate of duty means the rate of customs duty applied on imports of a good1 but does not include an antidumping or countervailing duty or a duty applied under a preferential tariff arrangement4