II 

112TH CONGRESS 

1ST SESSION S. 1711 

To enhance reciprocal market access for United States domestic producers 

in the negotiating process of bilateral, regional, and multilateral trade 

agreements. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 13, 2011 

Mr. BROWN of Ohio introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To enhance reciprocal market access for United States domestic producers in the negotiating process of bilateral, 

regional, and multilateral trade agreements. 

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 ‘‘Reciprocal Market Ac5 cess Act of 2011’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to require that United 

8 States trade negotiations achieve measurable results for 

9 United States businesses by ensuring that trade agreeVerDate Mar 15 2010 04:10 Oct 14, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1711.IS S1711

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1 ments result in expanded market access for United States 

2 exports and not solely the elimination of tariffs on goods 

3 imported into the United States. 

4 SEC. 3. LIMITATION ON AUTHORITY TO REDUCE OR ELIMI5 NATE RATES OF DUTY PURSUANT TO CER6 TAIN TRADE AGREEMENTS. 

7 (a) LIMITATION.—Notwithstanding any other provi8 sion of law, on or after the date of the enactment of this 

9 Act, the President may not agree to a modification of an 

10 existing duty that would reduce or eliminate the bound 

11 or applied rate of such duty on any product in order to 

12 carry out a trade agreement entered into between the 

13 United States and a foreign country until the President 

14 transmits to Congress a certification described in sub15 section (b). 

16 (b) CERTIFICATION.—A certification referred to in 

17 subsection (a) is a certification by the President that— 

18 (1) the United States has obtained the reduc19 tion or elimination of tariff and nontariff barriers 

20 and policies and practices of the government of a 

21 foreign country described in subsection (a) with re22 spect to United States exports of any product identi23 fied by United States domestic producers as having 

24 the same physical characteristics and uses as the 

25 product for which a modification of an existing duty 


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1 is sought by the President as described in subsection 

2 (a); and 

3 (2) a violation of any provision of the trade 

4 agreement described in subsection (a) relating to the 

5 matters described in paragraph (1) is immediately 

6 enforceable in accordance with the provisions of sec7 tion 4. 

8 SEC. 4. ENFORCEMENT PROVISIONS. 

9 (a) WITHDRAWAL OF TARIFF CONCESSIONS.—If the 

10 President does agree to a modification described in section 

11 3(a), and the United States Trade Representative deter12 mines pursuant to subsection (c) that— 

13 (1) a tariff or nontariff barrier or policy or 

14 practice of the government of a foreign country de15 scribed in section 3(a) has not been reduced or 

16 eliminated, or 

17 (2) a tariff or nontariff barrier or policy or 

18 practice of such government has been imposed or 

19 discovered, 

20 the modification shall be withdrawn until such time as the 

21 United States Trade Representative submits to Congress 

22 a certification described in section 3(b)(1). 

23 (b) INVESTIGATION.— 

24 (1) IN GENERAL.—The United States Trade 

25 Representative shall initiate an investigation if an 


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1 interested party files a petition with the United 

2 States Trade Representative which alleges the ele3 ments necessary for the withdrawal of the modifica4 tion of an existing duty under subsection (a), and 

5 which is accompanied by information reasonably 

6 available to the petitioner supporting such allega7 tions. 

8 (2) INTERESTED PARTY DEFINED.—For pur9 poses of paragraph (1), the term ‘‘interested party’’ 

10 means— 

11 (A) a manufacturer, producer, or whole12 saler in the United States of a domestic product 

13 that has the same physical characteristics and 

14 uses as the product for which a modification of 

15 an existing duty is sought; 

16 (B) a certified union or recognized union 

17 or group of workers engaged in the manufac18 ture, production, or wholesale in the United 

19 States of a domestic product that has the same 

20 physical characteristics and uses as the product 

21 for which a modification of an existing duty is 

22 sought; 

23 (C) a trade or business association a ma24 jority of whose members manufacture, produce, 

25 or wholesale in the United States a domestic 


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1 product that has the same physical characteris2 tics and uses as the product for which a modi3 fication of an existing duty is sought; and 

4 (D) a member of the Committee on Ways 

5 and Means of the House of Representatives or 

6 a member of the Committee on Finance of the 

7 Senate. 

8 (c) DETERMINATION BY USTR.—Not later than 45 

9 days after the date on which a petition is filed under sub10 section (b), the United States Trade Representative 

11 shall— 

12 (1) determine whether the petition alleges the 

13 elements necessary for the withdrawal of the modi14 fication of an existing duty under subsection (a); 

15 and 

16 (2) notify the petitioner of the determination 

17 under paragraph (1) and the reasons for the deter18 mination. 

19 SEC. 5. MARKET ACCESS ASSESSMENT BY INTERNATIONAL 

20 TRADE COMMISSION. 

21 (a) IN GENERAL.—The International Trade Commis22 sion shall conduct an assessment of the impact of each 

23 proposed trade agreement between the United States and 

24 a foreign country on tariff and nontariff barriers and poli25 cies and practices of the government of the foreign country 


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1 with respect to United States exports of any product iden2 tified by United States domestic producers as having the 

3 same physical characteristics and uses as the product for 

4 which a modification of an existing duty is sought by the 

5 President as described in section 4(a). 

6 (b) IDENTIFICATION.—In conducting the assessment 

7 under subsection (a), the International Trade Commission 

8 shall identify the tariff and nontariff barriers and policies 

9 and practices for such products that exist in the foreign 

10 country and the expected opportunities for exports from 

11 the United States to the foreign country if existing tariff 

12 and nontariff barriers and policies and practices are elimi13 nated. 

14 (c) CONSULTATION.—In conducting the assessment 

15 under subsection (a), the International Trade Commission 

16 shall, as appropriate, consult with and seek to obtain rel17 evant documentation from United States domestic pro18 ducers of products having the same physical characteris19 tics and uses as the product for which a modification of 

20 an existing duty is sought by the President as described 

21 in section 4(a). 

22 (d) REPORT.—Not later than 45 days before the date 

23 on which negotiations for a proposed trade agreement de24 scribed in subsection (a) are initiated, the International 

25 Trade Commission shall submit to the United States 


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1 Trade Representative, the Secretary of Commerce, and 

2 Congress a report on the proposed trade agreement that 

3 contains the assessment under subsection (a) conducted 

4 with respect to such proposed trade agreement. The report 

5 shall be submitted in unclassified form, but may contain 

6 a classified annex if necessary. 

Æ 


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