[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5315 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 5315
To impose additional duties on goods imported into the United States to
eliminate the deficit in trade in goods.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 6, 2026
Mr. Scott of Florida (for himself, Mr. Cramer, and Mr. Sheehy)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To impose additional duties on goods imported into the United States to
eliminate the deficit in trade in goods.
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 ``Trade Deficit Elimination Act of
2026''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Persistent bilateral deficits in trade in goods
undermine the national security, foreign policy, and economic
interests of the United States.
(2) Pursuant to the authority provided by clause 3 of
section 8 of article I of the Constitution of the United States
to regulate commerce with foreign nations, Congress establishes
the standards, limitations, and procedures set forth in this
Act governing the imposition of additional duties to address
such deficits.
SEC. 3. DEFINITIONS.
In this Act:
(1) Trade deficit economy.--The term ``trade deficit
economy'' means a trading partner designated under section
4(a)(2).
(2) Trade representative.--The term ``Trade
Representative'' means the United States Trade Representative.
(3) Trading partner.--The term ``trading partner'' means
any country, economy, customs territory, or customs union
within which separate duty rates or separate regulations of
foreign commerce are enforced.
SEC. 4. DESIGNATION OF TRADE DEFICIT ECONOMIES.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, and on April 1 of each year thereafter, the
Trade Representative shall--
(1) determine whether the United States has a bilateral
deficit in trade in goods with each trading partner of the
United States;
(2) designate each trading partner with which the United
States has such a deficit as a trade deficit economy; and
(3) publish in the Federal Register--
(A) a list of trade deficit economies; and
(B) for each trade deficit economy, the value of
the bilateral deficit in trade in goods, rounded to the
nearest millionth dollar.
(b) Basis for Determinations.--The Trade Representative shall make
determinations and designations required by subsection (a) in a year--
(1) on the basis of the best available data on bilateral
trade in goods published by the Bureau of Economic Analysis of
the Department of Commerce or another appropriate agency of the
Federal Government; and
(2) using the most recent finalized calendar-year data
available as of January 31 of that year.
SEC. 5. IMPOSITION OF ADDITIONAL DUTIES ON GOODS IMPORTED INTO UNITED
STATES FROM TRADE DEFICIT ECONOMIES.
(a) In General.--Not later than 15 days after publishing the list
of trade deficit economies required by section 4(a)(3), the Trade
Representative, subject to the specific direction of the President, may
impose, increase, decrease, suspend, or otherwise modify duties or
other import charges applicable to articles imported into the United
States from a trade deficit economy, in such amount and for such period
as the President determines necessary to eliminate the bilateral
deficit in trade in goods with that economy.
(b) Exemptions.--The Trade Representative, subject to the specific
direction of the President, if any, may exempt from duties under
subsection (a)--
(1) articles that, if subject to additional duties, could--
(A) lead to the unavailability of the supply of raw
materials in the United States; or
(B) a material disruption to the availability of
critical goods, essential raw materials, articles
necessary for national defense, or other articles
designated by regulation as necessary to protect the
national security or economic stability of the United
States; or
(2) articles that cannot--
(A) be grown or produced in sufficient quantities
or at reasonable prices in the United States; or
(B) obtained from sources other than a trade
deficit economy.
(c) Consultation With Congress.--Before imposing or modifying a
duty under subsection (a), the Trade Representative shall consult with
the Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate.
(d) Relation to Existing Duties.--Each duty imposed or modified
under subsection (a) with respect to an article shall be in addition to
any other duty imposed by law with respect to the article.
SEC. 6. AUTHORITY TO ENTER INTO AGREEMENTS WITH TRADE DEFICIT
ECONOMIES.
(a) In General.--The Trade Representative may enter into
negotiations with a trade deficit economy for the purpose of entering
into a bilateral trade agreement to achieve a reduction of the
bilateral deficit in trade in goods between the United States and the
trade deficit economy.
(b) Agreement Terms.--An agreement entered into under subsection
(a) with a trade deficit economy shall include provisions with the
objective of substantially reducing the bilateral deficit in trade in
goods between the United States and the trade deficit economy,
including commitments by the trade deficit economy--
(1) to correct, modify, or eliminate acts, policies, and
practices that contribute to the deficit;
(2) to purchase United States goods; or
(3) to restrain or reduce exports to the United States.
SEC. 7. LIMITED DELEGATION OF AUTHORITY.
Nothing in this Act shall be construed to confer upon the President
or the Trade Representative any authority other than the authority
expressly delegated by Congress in this Act. The President and the
Trade Representative shall exercise such authority only in accordance
with the standards, procedures, and limitations established by this
Act.
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