II 

116TH CONGRESS 

1ST SESSION S. 2409 

To authorize the President to take certain actions relating to reciprocal 

trade, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2019 

Mr. GRAHAM (for himself and Mr. MANCHIN) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To authorize the President to take certain actions relating 

to reciprocal trade, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘United States Recip5 rocal Trade Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The United States maintains an open mar9 ket for goods, with relatively low tariffs, and has 


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1 long encouraged trading partners, both bilaterally 

2 and in multilateral fora, to liberalize their markets. 

3 (2) The United States is the largest importer of 

4 goods in the world. 

5 (3) Trading partners of the United States in 

6 many instances impose significantly higher tariffs on 

7 United States goods than the United States imposes 

8 on the same or similar goods imported from those 

9 same countries. 

10 (4) Trading partners of the United States in 

11 many instances impose significant nontariff barriers 

12 that greatly undermine the value of negotiated tariff 

13 concessions. 

14 (5) The lack of reciprocity in tariff levels and 

15 disproportionate use of nontariff barriers by trading 

16 partners of the United States facilitates foreign im17 ports, discourages United States exports, and puts 

18 producers, farmers, and workers in the United 

19 States at a competitive disadvantage. 

20 (6) The lack of reciprocity in tariff levels and 

21 nontariff barriers contributes to the large and grow22 ing United States trade deficit in goods, which is a 

23 drag on economic growth and undermines economic 

24 prosperity. 


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1 (7) To date a number of trading partners of the 

2 United States have been unwilling, including in mul3 tilateral negotiations, to reduce tariffs and eliminate 

4 nontariff barriers applied to United States exports. 

5 (8) The United States should seek action by 

6 trading partners of the United States to lower tar7 iffs and eliminate nontariff barriers, to promote effi8 ciency in those markets and enhance opportunities 

9 for producers, farmers, and workers in the United 

10 States. 

11 (9) The President should have a wide array of 

12 tools to open the markets of trading partners of the 

13 United States and encourage participation in nego14 tiations to liberalize trade in goods on a fair and re15 ciprocal basis, including the authority to adjust tar16 iff rates to reciprocal levels. 

17 SEC. 3. AUTHORITY TO TAKE CERTAIN ACTIONS RELATING 

18 TO RECIPROCAL TRADE. 

19 (a) IN GENERAL.—The President may take one or 

20 more of the actions specified in subsection (b) if the Presi21 dent determines that— 

22 (1) the rate of duty imposed by a foreign coun23 try with respect to a particular good, when imported 

24 from the United States, is significantly higher than 

25 the rate of duty imposed by the United States with 


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1 respect to that good, when imported from that coun2 try; or 

3 (2) the nontariff barriers applied by a foreign 

4 country with respect to a particular good, when im5 ported from the United States, impose significantly 

6 higher burdens, alone or in combination with any 

7 tariffs imposed by that country on that good, than 

8 the burdens of the nontariff barriers applied by the 

9 United States with respect to that good, alone or in 

10 combination with any tariffs imposed by the United 

11 States on that good, when imported from that coun12 try. 

13 (b) ACTIONS SPECIFIED.—The actions specified in 

14 this subsection are the following: 

15 (1) To negotiate and seek to enter into an 

16 agreement with the foreign country that commits the 

17 country to reduce the rate of duty or reduce or 

18 eliminate nontariff barriers with respect to the good 

19 that is the subject of the determination under sub20 section (a). 

21 (2) To impose a rate of duty on imports of the 

22 good that is equal to— 

23 (A) in the case of a determination de24 scribed in subsection (a)(1), the rate of duty 


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1 imposed by the foreign country with respect to 

2 the good; or 

3 (B) in the case of a determination de4 scribed in subsection (a)(2), the effective rate of 

5 duty of the nontariff barriers applied by the 

6 foreign country with respect to the good, alone 

7 or in combination with any tariffs imposed by 

8 that country on that good. 

9 (c) FACTORS.—In taking an action specified in sub10 section (b), the President shall consider the following fac11 tors: 

12 (1) The tariff classification of the good by the 

13 United States and the tariff classification of the 

14 good by the foreign country. 

15 (2) The rate of duty applied by the United 

16 States with respect to the good and the rate of duty 

17 applied by the foreign country with respect to the 

18 good. 

19 (3) The physical characteristics of the good. 

20 (4) The end uses and existence of a competitive 

21 relationship between the good— 

22 (A) as exported from the United States to 

23 the foreign country; and 

24 (B) as imported from the foreign country 

25 to the United States. 


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1 (5) The level of exports of the good by the for2 eign country to the United States and to other coun3 tries. 

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

5 subsection (a)(1), the extent to which the rate of 

6 duty applied by the foreign country with respect to 

7 the good is impeding or distorting trade. 

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

9 subsection (a)(2)— 

10 (A) the extent of the nontariff barriers ap11 plied by the foreign country with respect to the 

12 good and the extent of the nontariff barriers 

13 applied by the United States with respect to the 

14 good; 

15 (B) the extent to which the nontariff bar16 riers applied by the foreign country with respect 

17 to the good, alone or in combination with any 

18 tariffs imposed by that country on that good, 

19 are impeding or distorting trade; 

20 (C) the identified purpose of the nontariff 

21 barriers applied by the foreign country with re22 spect to the good, if any, and the extent to 

23 which the nontariff barriers are more restrictive 

24 than necessary to meet that purpose; and 


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1 (D) the degree of transparency of the proc2 ess by which the foreign country adopted the 

3 nontariff barriers. 

4 (8) Such other factors as the President deter5 mines appropriate. 

6 (d) ROLE OF USTR.—In the case of a determination 

7 described in subsection (a)(2), the United States Trade 

8 Representative, in consultation with the Secretary of the 

9 Treasury, the Secretary of Commerce, and the heads of 

10 other relevant Federal agencies, shall advise the President 

11 in determining the effective rate of duty imposed by the 

12 nontariff barriers applied by a foreign country with re13 spect to a good, alone or in combination with any tariffs 

14 imposed by that country on that good. 

15 (e) LOWER RATE OF DUTY.—The President may im16 pose a rate of duty on imports of a good from a foreign 

17 country that is lower than the rate of duty described in 

18 subsection (b)(2)(A) or lower than the effective rate of 

19 duty described in subsection (b)(2)(B), as the case may 

20 be, if the President determines that application of such 

21 lower rate of duty is necessary and appropriate. 

22 (f) HIGHER RATE OF DUTY.—If the President im23 poses a rate of duty on imports of a good from a foreign 

24 country under subsection (b)(2) and the country further 

25 increases its rate of duty on imports of the good from the 


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1 United States, the President may further increase the rate 

2 of duty on imports of the good from the country to a rate 

3 that is equal to the rate of duty applied by that country. 

4 (g) TERMINATION.—The President shall terminate 

5 the imposition of any increase in the rate of duty on im6 ports of a good from a foreign country under subsection 

7 (b)(2) effective on the date on which the President deter8 mines that— 

9 (1) the foreign country is no longer— 

10 (A) imposing a rate of duty described in 

11 subsection (a)(1) with respect to the good; or 

12 (B) applying nontariff barriers described in 

13 subsection (a)(2) with respect to the good; or 

14 (2) continued imposition of the increased rate 

15 of duty on imports of the good from the foreign 

16 country is not in the economic or public interest of 

17 the United States. 

18 SEC. 4. NOTICE, CONSULTATION, AND REPORT. 

19 (a) NEGOTIATIONS AND AGREEMENT.—Before tak20 ing any action under section 3(b)(1), the President shall 

21 provide notice to and consult with the Committee on Fi22 nance of the Senate and the Committee on Ways and 

23 Means of the House of Representatives regarding the pro24 posed action. 


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1 (b) IMPOSITION OF DUTY.—Before taking any action 

2 under section 3(b)(2), the President shall— 

3 (1) not less than 45 days before the date on 

4 which imposition of an increased rate of duty on im5 ports of a good from a foreign country is to take ef6 fect, publish notice in the Federal Register of, and 

7 allow for public comment on, the proposed imposi8 tion and level of such increased rate of duty; and 

9 (2) seek advice regarding the proposed action 

10 from the advisory committees established under sec11 tion 135 of the Trade Act of 1974 (19 U.S.C. 

12 2155). 

13 (c) ADDITIONAL NOTICE.—The President shall 

14 promptly publish in the Federal Register notice of any ac15 tion taken pursuant to subsection (e), (f), or (g) of section 

16 3. 

17 (d) REPORT.— 

18 (1) IN GENERAL.—Before entering into an 

19 agreement with a foreign country under section 

20 3(b)(1), the United States Trade Representative 

21 shall submit to the appropriate congressional com22 mittees and leadership a report that describes— 

23 (A) the implementation of the agreement, 

24 including how it is consistent with and does not 


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1 materially differ from or otherwise affect Fed2 eral or State laws; 

3 (B) the impact of the agreement on the 

4 competitiveness of businesses in the United 

5 States; and 

6 (C) the impact of the agreement on con7 sumers in the United States. 

8 (2) APPROPRIATE CONGRESSIONAL COMMIT9 TEES AND LEADERSHIP.—In this subsection, the 

10 term ‘‘appropriate congressional committees and 

11 leadership’’ means— 

12 (A) the Committee on Ways and Means of 

13 the House of Representatives and the Com14 mittee on Finance of the Senate; and 

15 (B) the Speaker of the House of Rep16 resentatives, the minority leader of the House 

17 of Representatives, the majority leader of the 

18 Senate, and the minority leader of the Senate. 

19 SEC. 5. CONGRESSIONAL DISAPPROVAL OF PRESIDENTIAL 

20 IMPOSITION OF RATES OF DUTY ON IMPORTS 

21 OF GOODS FROM FOREIGN COUNTRIES. 

22 (a) IN GENERAL.—An action taken by the President 

23 under section 3(b)(2) to impose a rate of duty on imports 

24 of a good from a foreign country shall cease to have force 


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1 and effect upon the enactment of a disapproval resolution 

2 relating to that action. 

3 (b) DISAPPROVAL RESOLUTION.— 

4 (1) DISAPPROVAL RESOLUTION.—For purposes 

5 of this section, the term ‘‘disapproval resolution’’ 

6 means only a joint resolution of either House of 

7 Congress the matter after the resolving clause of 

8 which is as follows: ‘‘That Congress disapproves the 

9 action taken under section 3(b)(2) of the United 

10 States Reciprocal Trade Act with respect to the im11 position of a rate of duty on imports of ll from 

12 ll under such section 3(b)(2).’’, the first blank 

13 space being filled with a description of the good with 

14 respect to which the duty is imposed under section 

15 3(b)(2) and the second blank being filled with the 

16 name of the foreign country from which the good is 

17 imported into the United States. 

18 (2) CONSIDERATION.— 

19 (A) INTRODUCTION.—All disapproval reso20 lutions introduced in the House of Representa21 tives shall be referred to the Committee on 

22 Ways and Means and all disapproval resolutions 

23 introduced in the Senate shall be referred to the 

24 Committee on Finance. 


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1 (B) AMENDMENTS PROHIBITED; MOTIONS

2 TO SUSPEND APPLICATION OF THIS SUBPARA3 GRAPH PROHIBITED.—No amendment to a dis4 approval resolution shall be in order in either 

5 the House of Representatives or the Senate, 

6 and no motion to suspend the application of 

7 this subparagraph shall be in order in either 

8 House nor shall it be in order in either House 

9 for the Presiding Officer to entertain a request 

10 to suspend the application of this subparagraph 

11 by unanimous consent. 

12 (C) FLOOR CONSIDERATION IN HOUSE OF

13 REPRESENTATIVES.— 

14 (i) REPORTING AND DISCHARGE.—If 

15 the Committee on Ways and Means has 

16 not reported a disapproval resolution with17 in 10 legislative days after the date of re18 ferral, that committee shall be discharged 

19 from further consideration thereof. 

20 (ii) PROCEEDING TO CONSIDER21 ATION.—Beginning on the third legislative 

22 day after the Committee on Ways and 

23 Means reports a disapproval resolution to 

24 the House or has been discharged from 

25 further consideration thereof, it shall be in 


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1 order to move to proceed to consider the 

2 disapproval resolution in the House. All 

3 points of order against the motion are 

4 waived. Such a motion shall not be in 

5 order after the House has disposed of a 

6 motion to proceed on the disapproval reso7 lution. The previous question shall be con8 sidered as ordered on the motion to its 

9 adoption without intervening motion. The 

10 motion shall not be debatable. A motion to 

11 reconsider the vote by which the motion is 

12 disposed of shall not be in order. 

13 (iii) CONSIDERATION.—The dis14 approval resolution shall be considered as 

15 read. All points of order against the dis16 approval resolution and against its consid17 eration are waived. The previous question 

18 shall be considered as ordered on the dis19 approval resolution to final passage with20 out intervening motion except two hours of 

21 debate equally divided and controlled by 

22 the sponsor of the disapproval resolution 

23 (or a designee) and an opponent. A motion 

24 to reconsider the vote on passage of the 


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1 disapproval resolution shall not be in 

2 order. 

3 (D) FLOOR CONSIDERATION IN THE SEN4 ATE.— 

5 (i) REPORTING AND DISCHARGE.—If 

6 the Committee on Finance has not re7 ported a disapproval resolution within 10 

8 session days after the date of referral of 

9 such resolution, that committee shall be 

10 discharged from further consideration of 

11 such resolution and the disapproval resolu12 tion shall be placed on the appropriate cal13 endar. 

14 (ii) PROCEEDING TO CONSIDER15 ATION.—Notwithstanding Rule XXII of 

16 the Standing Rules of the Senate, it is in 

17 order at any time after the Committee on 

18 Finance reports a disapproval resolution to 

19 the Senate or has been discharged from its 

20 consideration (even though a previous mo21 tion to the same effect has been disagreed 

22 to) to move to proceed to the consideration 

23 of the disapproval resolution, and all points 

24 of order against the disapproval resolution 

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1 approval resolution) are waived. The mo2 tion to proceed is not debatable. The mo3 tion is not subject to a motion to postpone. 

4 A motion to reconsider the vote by which 

5 the motion is agreed to or disagreed to 

6 shall not be in order. If a motion to pro7 ceed to the consideration of the disapproval 

8 resolution is agreed to, the disapproval res9 olution shall remain the unfinished busi10 ness until disposed of. 

11 (iii) CONSIDERATION.—Debate on a 

12 disapproval resolution, and on all debatable 

13 motions and appeals in connection there14 with, shall be limited to not more than 10 

15 hours, which shall be divided equally be16 tween the majority and minority leaders or 

17 their designees. A motion to further limit 

18 debate is in order and not debatable. An 

19 amendment to, or a motion to postpone, or 

20 a motion to proceed to the consideration of 

21 other business, or a motion to recommit 

22 the disapproval resolution is not in order. 

23 (iv) VOTE ON PASSAGE.—The vote on 

24 passage shall occur immediately following 

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1 approval resolution and a single quorum 

2 call at the conclusion of the debate, if re3 quested in accordance with the rules of the 

4 Senate. 

5 (v) RULINGS OF THE CHAIR ON PRO6 CEDURE.—Appeals from the decisions of 

7 the Chair relating to the application of the 

8 rules of the Senate, as the case may be, to 

9 the procedure relating to a disapproval res10 olution shall be decided without debate. 

11 (vi) CONSIDERATION OF VETO MES12 SAGES.—Debate in the Senate of any veto 

13 message with respect to a disapproval reso14 lution, including all debatable motions and 

15 appeals in connection with such dis16 approval resolution, shall be limited to 10 

17 hours, to be equally divided between, and 

18 controlled by, the majority leader and the 

19 minority leader or their designees. 

20 (E) MAJORITY REQUIRED FOR ADOP21 TION.—A disapproval resolution shall require 

22 an affirmative vote of a majority of the Mem23 bers, duly chosen and sworn, for adoption. 

24 (3) RULES RELATING TO SENATE AND HOUSE

25 OF REPRESENTATIVES.— 


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1 (A) COORDINATION WITH ACTION BY

2 OTHER HOUSE.—If, before the passage by one 

3 House of a disapproval resolution of that 

4 House, that House receives a disapproval reso5 lution from the other House, then the following 

6 procedures shall apply: 

7 (i) The disapproval resolution of the 

8 other House shall not be referred to a com9 mittee. 

10 (ii) With respect to a disapproval res11 olution of the House receiving the legisla12 tion— 

13 (I) the procedure in that House 

14 shall be the same as if no disapproval 

15 resolution had been received from the 

16 other House; but 

17 (II) the vote on passage shall be 

18 on the disapproval resolution of the 

19 other House. 

20 (B) TREATMENT OF A BILL OF OTHER

21 HOUSE.—If one House fails to introduce a dis22 approval resolution under this section, the dis23 approval resolution of the other House shall be 

24 entitled to expedited floor procedures under this 

25 section. 


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1 (C) TREATMENT OF COMPANION MEAS2 URES.—If, following passage of a disapproval 

3 resolution in the Senate, the Senate then re4 ceives a companion measure from the House of 

5 Representatives, the companion measure shall 

6 not be debatable. 

7 (c) RULEMAKING POWER.—This section is enacted 

8 by Congress— 

9 (1) as an exercise of the rulemaking power of 

10 the Senate and the House of Representatives, re11 spectively, and as such is deemed a part of the rules 

12 of each House, respectively, but applicable only with 

13 respect to the procedures to be followed in that 

14 House in the case of disapproval resolutions and 

15 such procedures supersede other rules only to the ex16 tent that they are inconsistent with those rules; and 

17 (2) with full recognition of the constitutional 

18 right of either House to change the rules (so far as 

19 relating to the procedure of that House) at any time, 

20 in the same manner, and to the same extent as any 

21 other rule of that House. 


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1 SEC. 6. SUNSET OF PRESIDENTIAL IMPOSITION OF RATES 

2 OF DUTY ON IMPORTS OF GOODS FROM FOR3 EIGN COUNTRIES. 

4 (a) IN GENERAL.—The authority of the President to 

5 take an action under section 3(b)(2) to impose a rate of 

6 duty on imports of a good from a foreign country— 

7 (1) shall be effective for the period ending on 

8 the date that is three years after the date of the en9 actment of this Act; and 

10 (2) shall be extended for an additional period of 

11 three years if— 

12 (A) the President requests such extension 

13 under subsection (b); and 

14 (B) a disapproval resolution is not enacted 

15 into law as provided for under subsection (c). 

16 (b) REPORT TO CONGRESS.—If the President deter17 mines that the authority of the President to take an action 

18 under section 3(b)(2) to impose a rate of duty on imports 

19 of a good from a foreign country should be extended for 

20 the additional period described in subsection (a)(2), the 

21 President shall submit to Congress, not later than the date 

22 that is 90 days before the end of the period described in 

23 subsection (a)(1), a written report that contains a request 

24 for such extension, together with a description of all ac25 tions taken under section 3(b)(2). 

26 (c) DISAPPROVAL RESOLUTION.— 


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1 (1) DISAPPROVAL RESOLUTION.—For purposes 

2 of this section, the term ‘‘disapproval resolution’’ 

3 means only a joint resolution of either House of 

4 Congress the matter after the resolving clause of 

5 which is as follows: ‘‘That Congress disapproves the 

6 request of the President for extension under section 

7 6(a)(2)(A) of the United States Reciprocal Trade 

8 Act of the authority of the President to take an ac9 tion under section 3(b)(2) of such Act to impose a 

10 rate of duty on imports of a good from a foreign 

11 country after the period ending on the date that is 

12 three years after the date of the enactment of such 

13 Act.’’. 

14 (2) CONSIDERATION.— 

15 (A) IN GENERAL.—Except as provided in 

16 subparagraph (B), the provisions of paragraphs 

17 (2) and (3) of section 5(b) apply to consider18 ation of a disapproval resolution. 

19 (B) LIMITATION ON CONSIDERATION.—It 

20 is not in order for either House of Congress to 

21 consider a disapproval resolution after the date 

22 that is three years after the date of the enact23 ment of this Act. 

24 (3) RULEMAKING POWER.—This subsection is 

25 enacted by Congress— 


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1 (A) as an exercise of the rulemaking power 

2 of the Senate and the House of Representa3 tives, respectively, and as such is deemed a part 

4 of the rules of each House, respectively, but ap5 plicable only with respect to the procedures to 

6 be followed in that House in the case of dis7 approval resolutions and such procedures super8 sede other rules only to the extent that they are 

9 inconsistent with those rules; and 

10 (B) with full recognition of the constitu11 tional right of either House to change the rules 

12 (so far as relating to the procedure of that 

13 House) at any time, in the same manner, and 

14 to the same extent as any other rule of that 

15 House. 

16 (d) RULES OF CONSTRUCTION.— 

17 (1) IN GENERAL.—An action under section 

18 3(b)(2) to impose a rate of duty on imports of a 

19 good from a foreign country that is taken before the 

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

21 the end of the period described in subsection (a)(2) 

22 shall remain in effect after the end of such respec23 tive period. 

24 (2) ADDITIONAL AUTHORITIES.—The President 

25 may exercise the authorities of subsections (e), (f), 


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1 and (g) of section 3 with respect to an action de2 scribed in paragraph (1) after the end of the period 

3 described in such paragraph that is applicable to 

4 such action. 

5 SEC. 7. DEFINITIONS. 

6 In this Act: 

7 (1) NONTARIFF BARRIER.—The term ‘‘nontariff 

8 barrier’’ includes any government-imposed measure 

9 or policy, other than a customs duty, that restricts, 

10 prevents, or impedes international trade in goods, in11 cluding import policies, sanitary and phytosanitary 

12 measures, technical barriers to trade, government 

13 procurement, export subsidies, lack of intellectual 

14 property protection, digital trade barriers, and gov15 ernment-tolerated anticompetitive conduct of state16 owned or private firms. 

17 (2) RATE OF DUTY.—The term ‘‘rate of duty’’ 

18 means the rate of customs duty applied on imports 

19 of a good, but does not include an antidumping or 

20 countervailing duty or a duty applied under a pref21 erential tariff arrangement. 

Æ 


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