I 
116TH CONGRESS 
1ST SESSION 
H. R. 764 
To authorize the President to take certain actions relating to reciprocal 
trade, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 24, 2019 
Mr. DUFFY (for himself, Mr. ADERHOLT, Mr. COLLINS of New York, Mr. 
COOK, Mr. DIAZ-BALART, Mr. GAETZ, Mr. GIBBS, Mr. KELLY of Penn-
sylvania, Mr. LONG, Mr. MCKINLEY, Mrs. MILLER, Mr. SENSEN-
BRENNER, Mr. STAUBER, Mr. HUNTER, Mr. CRAWFORD, Mr. KING of 
New York, Mr. BURGESS, Mr. PALAZZO, and Mr. ROUZER) 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 con-
cerned 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘United States Recip-
rocal Trade Act’’. 
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SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The United States maintains an open mar-
ket 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 im-
porter 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) United States trading partners in many in-
stances impose significant nontariff barriers that 
greatly undermine the value of negotiated tariff con-
cessions. 
(5) 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 com-
petitive disadvantage. 
(6) The lack of reciprocity in tariff levels and 
nontariff barriers contributes to the large and grow-
ing United States trade deficit in goods, which is a 
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drag on economic growth and undermines economic 
prosperity. 
(7) To date a number of United States trading 
partners have been unwilling, including in multilat-
eral negotiations, to reduce tariffs and eliminate 
nontariff barriers applied to United States exports. 
(8) 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. 
(9) 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 coun-
try with respect to a particular good, when imported 
from the United States, is significantly higher than 
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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 im-
ported 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 coun-
try, 
the President may take one or more of the actions author-
ized 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 
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a determination described in subsection (a)(1); 
or 
(B) the effective rate of duty of the non-
tariff barriers applied by the foreign country 
with respect to the good, alone or in combina-
tion with any tariffs imposed by that country 
on that good, in the case of a determination de-
scribed 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. 
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(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 ap-
plied 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 bar-
riers applied by the country with respect to the 
good, alone or in combination with any tariffs 
imposed by that country on that good, are im-
peding 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 nec-
essary to meet that purpose; and 
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(D) the degree of transparency of the proc-
ess by which the country adopted the nontariff 
barriers. 
(8) Other factors, as the President determines 
appropriate. 
(d) ROLE OF USTR.—The United States Trade Rep-
resentative, in consultation with the Secretary of Treas-
ury, the Secretary of Commerce, and the heads of other 
relevant Federal agencies, shall advise the President in de-
termining the effective rate of duty imposed by the non-
tariff 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 determina-
tion described in subsection (a)(2). 
(e) LOWER RATE OF DUTY.—The President may im-
pose 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 im-
poses 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 
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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 im-
ports of a good from a foreign country under subsection 
(b)(2) effective on the date on which the President deter-
mines 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 re-
spect 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 author-
ized under section 3(b)(1), the President shall provide no-
tice 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. 
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(b) NOTICE.—Before taking any action authorized 
under section 3(b)(2), the President shall— 
(1) not less than 45 days before the date on 
which imposition of an increased rate of duty on im-
ports of a good from a foreign country is to take ef-
fect, publish notice in the Federal Register of, and 
allow for public comment on, the proposed imposi-
tion and level of such increased rate of duty; and 
(2) seek advice regarding the proposed action 
from the advisory committees established under sec-
tion 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 ac-
tion 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 RESO-
LUTION. 
(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. 
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(b) CONGRESSIONAL RULEMAKING POWER; DIS-
APPROVAL 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 Sen-
ate, respectively, and as such is deemed a part 
of the rules of each House, respectively, but ap-
plicable only with respect to the procedures to 
be followed in that House in the case of dis-
approval resolutions and such procedures super-
sede other rules only to the extent that they are 
inconsistent therewith; and 
(B) with the full recognition of the con-
stitutional 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 
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States Reciprocal Trade Act with respect to the im-
position of a rate of duty on imports of ll from 
ll 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 reso-
lutions introduced in the House of Representa-
tives 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 SUBPARA-
GRAPH PROHIBITED.—No amendment to a dis-
approval 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 
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to suspend the application of this subparagraph 
by unanimous consent. 
(C) MAJORITY
REQUIRED
FOR
ADOP-
TION.—A disapproval resolution considered 
under this subsection shall require an affirma-
tive 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 congres-
sional committees and leadership a report that describes— 
(1) the implementation of the agreement, in-
cluding how it is consistent with and does not mate-
rially 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. 
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SEC. 7. SUNSET OF PRESIDENTIAL IMPOSITION OF RATES 
OF DUTY ON IMPORTS OF GOODS FROM FOR-
EIGN 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 en-
actment 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 ex-
tended 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 de-
scription of all actions taken under section 3(b)(2) to date. 
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(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 Sen-
ate, respectively, and as such is deemed a part 
of the rules of each House, respectively, but ap-
plicable only with respect to the procedures to 
be followed in that House in the case of dis-
approval resolutions and such procedures super-
sede other rules only to the extent that they are 
inconsistent therewith; and 
(B) with the full recognition of the con-
stitutional 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 
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Trade Act, of the authority of the President to take 
an action under section 3(b)(2) of such Act to im-
pose a rate of duty on imports of a good from a for-
eign 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 Rep-
resentatives, 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 con-
sider any disapproval resolution not reported by 
the Committee on Ways and Means and, in ad-
dition, by the Committee on Rules; 
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(B) the Senate to consider any disapproval 
resolution not reported by the Committee on Fi-
nance; 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 re-
spective period. 
(2) ADDITIONAL AUTHORITIES.—The President 
may exercise the authorities of subsections (e), (f), 
and (g) of section 3 with respect to an action de-
scribed 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: 
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(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES
AND
LEADERSHIP.—The term ‘‘appropriate 
congressional committees and leadership’’ means— 
(A) the Committee on Ways and Means of 
the House of Representatives and the Com-
mittee on Finance of the Senate; and 
(B) the Speaker of the House of Rep-
resentatives, 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, in-
cluding import policies, sanitary and phytosanitary 
measures, technical barriers to trade, government 
procurement, export subsidies, lack of intellectual 
property protection, digital trade barriers, and gov-
ernment-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 
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countervailing duty or a duty applied under a pref-
erential tariff arrangement. 
Æ 
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