,,ii  #aafth ,,congress  #ast ,session  
,s4 #bdji  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #ca1     
#bjai,mr4 ,graham 7for himself and ,mr4 
,manchin7 introduced the following bill2
 which was read twice and referred to   
the ,committee on ,finance  ,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 largest importer 
of goods in the world4  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 ,trading partners 
of the ,united ,states 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 trading partners  
of the ,united ,states facilitates      
foreign imports1 discourages ,united    
,states exports1 and puts producers1    
farmers1 and workers in the ,united     
,states 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 trading partners of
 the ,united ,states 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   
trading partners of the ,united ,states 
to lower tariffs and eliminate nontariff
 barriers1 to promote efficiency in     
those markets and enhance opportunities 
for producers1 farmers1 and workers in  
the ,united ,states4  7#i7 ,the         
,president should have a wide array of  
tools to open the markets of trading    
partners of the ,united ,states 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 ,the  
,president may take one or more of the  
actions specified in subsection 7b7 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 with respect to that good1 when 
imported from that country2 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   
country4  7b7 ,actions specified ,the   
actions specified in 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  
with respect to 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 in the case of a        
determination described in subsection   
7a77#a71 the rate of duty imposed by the
 foreign country with respect to the    
good2 or  7,b7 in the case of a         
determination described in subsection   
7a77#b71 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 
good4  7c7 ,factors ,in taking an action
 specified in 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 foreign country to the
 ,united ,states4  7#e7 ,the level of   
exports of the good by the foreign      
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 foreign 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 foreign 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 foreign country    
adopted the nontariff barriers4  7#h7   
,such other factors as the ,president   
determines appropriate4  7d7 ,role of   
,,ustr ,in the case of a determination  
described in subsection 7a77#b71 the    
,united ,states ,trade ,representative1 
in consultation with the ,secretary of  
the ,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 good4  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#b7 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 described in    
subsection 7a77#a7 with respect to the  
good2 or  7,b7 applying nontariff       
barriers described in subsection 7a77#b7
 with respect to the good2 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 ,notice1          
consultation1 and report  7a7           
,negotiations and agreement ,before     
taking any action under section         
#c7;b77#a71 the ,president shall provide
 notice to and consult with the         
,committee on ,finance of the ,senate   
and the ,committee on ,ways and ,means  
of the ,house of ,representatives       
regarding the proposed action4  7b7     
,imposition of duty ,before taking any  
action 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 subsection 7e71 7f71 or 7g7 
of section #c4  7d7 ,report  7#a7 ,in   
general ,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 laws2  7,b7 the impact of the
 agreement on the competitiveness of    
businesses in the ,united ,states2 and  
7,c7 the impact of the agreement on     
consumers in the ,united ,states4  7#b7 
,appropriate congressional committees   
and leadership ,in this subsection1 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  #e4    
,congressional disapproval of           
,presidential imposition of rates of    
duty on imports of goods from foreign   
countries  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     
resolution relating to that action4  7b7
 ,disapproval resolution  7#a7          
,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 ,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#b7 ,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
 ,floor consideration in ,house of      
,representatives  7i7 ,reporting and    
discharge ,if the ,committee on ,ways   
and ,means has not reported a           
disapproval resolution within #aj       

legislative days after the date of      
referral1 that committee shall be       
discharged from further consideration   
thereof4  7ii7 ,proceeding to           
consideration ,beginning on the third   
legislative day after the ,committee on 
,ways and ,means reports a disapproval  
resolution to the ,house or has been    
discharged from further consideration   
thereof1 it shall be in order to move to
 proceed to consider the disapproval    
resolution in the ,house4 ,all points of
 order against the motion are waived4   
,such a motion shall not be in order    
after the ,house has disposed of a      
motion to proceed on the disapproval    
resolution4 ,the previous question shall
 be considered as ordered on the motion 
to its adoption without intervening     
motion4 ,the motion shall not be        
debatable4 ,a motion to reconsider the  
vote by which the motion is disposed of 
shall not be in order4  7iii7           
,consideration ,the disapproval         
resolution shall be considered as read4 

,all points of order against the        
disapproval resolution and against its  
consideration are waived4 ,the previous 
question shall be considered as ordered 
on the disapproval resolution to final  
passage without intervening motion      
except two hours of debate equally      
divided and controlled by the sponsor of
 the disapproval resolution 7or a       
designee7 and an opponent4 ,a motion to 
reconsider the vote on passage of the   
disapproval resolution shall not be in  
order4  7,d7 ,floor consideration in the
 ,senate  7i7 ,reporting and discharge  
,if the ,committee on ,finance has not  
reported a disapproval resolution within
 #aj session days after the date of     
referral of such resolution1 that       
committee shall be discharged from      
further consideration of such resolution
 and the disapproval resolution shall be
 placed on the appropriate calendar4    
7ii7 ,proceeding to consideration       
,notwithstanding ,rule ,,xxii of the    
,standing ,rules of the ,senate1 it is  

in order at any time after the          
,committee on ,finance reports a        
disapproval resolution to the ,senate or
 has been discharged from its           
consideration 7even though a previous   
motion to the same effect has been      
disagreed to7 to move to proceed to the 
consideration of the disapproval        
resolution1 and all points of order     
against the disapproval resolution 7and 
against consideration of the disapproval
 resolution7 are waived4 ,the motion to 
proceed is not debatable4 ,the motion is
 not subject to a motion to postpone4 ,a
 motion to reconsider the vote by which 
the motion is agreed to or disagreed to 
shall not be in order4 ,if a motion to  
proceed to the consideration of the     
disapproval resolution is agreed to1 the
 disapproval resolution shall remain the
 unfinished business until disposed of4 
7iii7 ,consideration ,debate on a       
disapproval resolution1 and on all      
debatable motions and appeals in        
connection therewith1 shall be limited  

to not more than #aj hours1 which shall 
be divided equally between the majority 
and minority leaders or their designees4
 ,a motion to further limit debate is in
 order and not debatable4 ,an amendment 
to1 or a motion to postpone1 or a motion
 to proceed to the consideration of     
other business1 or a motion to recommit 
the disapproval resolution is not in    
order4  7iv7 ,vote on passage ,the vote 
on passage shall occur immediately      
following the conclusion of the debate  
on the disapproval resolution and a     
single quorum call at the conclusion of 
the debate1 if requested in accordance  
with the rules of the ,senate4  7v7     
,rulings of the chair on procedure      
,appeals from the decisions of the      
,chair relating to the application of   
the rules of the ,senate1 as the case   
may be1 to the procedure relating to a  
disapproval resolution shall be decided 
without debate4  7vi7 ,consideration of 
veto messages ,debate in the ,senate of 
any veto message with respect to a      

disapproval resolution1 including all   
debatable motions and appeals in        
connection with such disapproval        
resolution1 shall be limited to #aj     
hours1 to be equally divided between1   
and controlled by1 the majority leader  
and the minority leader or their        
designees4  7,e7 ,majority required for 
adoption ,a disapproval resolution shall
 require an affirmative vote of a       
majority of the ,members1 duly chosen   
and sworn1 for adoption4  7#c7 ,rules   
relating to ,senate and ,house of       
,representatives  7,a7 ,coordination    
with action by other house ,if1 before  
the passage by one ,house of a          
disapproval resolution of that ,house1  
that ,house receives a disapproval      
resolution from the other ,house1 then  
the following procedures shall apply3   
7i7 ,the disapproval resolution of the  
other ,house shall not be referred to a 
committee4  7ii7 ,with respect to a     
disapproval resolution of the ,house    
receiving the legislation--  7,i7 the   

procedure in that ,house shall be the   
same as if no disapproval resolution had
 been received from the other ,house2   
but  7,,ii7 the vote on passage shall be
 on the disapproval resolution of the   
other ,house4  7,b7 ,treatment of a bill
 of other house ,if one ,house fails to 
introduce a disapproval resolution under
 this section1 the disapproval          
resolution of the other ,house shall be 
entitled to expedited floor procedures  
under this section4  7,c7 ,treatment of 
companion measures ,if1 following       
passage of a disapproval resolution in  
the ,senate1 the ,senate then receives a
 companion measure from the ,house of   
,representatives1 the companion measure 
shall not be debatable4  7c7 ,rulemaking
 power ,this section is enacted by      
,congress-- 7#a7 as an exercise of the  
rulemaking power of the ,senate and the 
,house of ,representatives1             
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  
with those rules2 and  7#b7 with 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  #f4 ,sunset 
of ,presidential imposition of rates of 
duty on imports of goods from foreign   
countries  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--   
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 determines 
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 #ij days
 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#b74  7c7 ,disapproval resolution
  7#a7 ,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   

,congress disapproves the request of the
 ,president for extension under section 
#f7;a77#b77;,a7 of the ,united ,states  
,reciprocal ,trade ,act 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#b7 ,consideration  7,a7 
,in general ,except as provided in      
subparagraph 7,b71 the provisions of    
paragraphs 7#b7 and 7#c7 of section     
#e7;b7 apply to consideration of a      
disapproval resolution4  7,b7           
,limitation on consideration ,it is not 
in order for 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
  7#c7 ,rulemaking power ,this          
subsection is enacted by ,congress--    
7,a7 as an exercise of the rulemaking   
power of the ,senate and the ,house of  

,representatives1 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 with those rules2 and  7,b7
 with 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  7d7 ,rules of construction     
7#a7 ,in general ,an action 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  #g4 ,definitions ,in this 
,act3 7#a7 ,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#b7 ,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