II 

111TH CONGRESS 

1ST SESSION S. 1766 

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 8, 2009 

Mr. BROWN (for himself and Mrs. HAGAN) 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 2009’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) One of the fundamental tenets of the World 

9 Trade Organization (WTO) is reciprocal market acVerDate Nov 24 2008 03:13 Oct 09, 2009 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1766.IS S1766

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1 cess. This principle is underscored in the Marrakesh 

2 Agreement Establishing the World Trade Organiza3 tion which called for ‘‘entering into reciprocal and 

4 mutually advantageous arrangements directed to the 

5 substantial reduction of tariffs and other barriers to 

6 trade and to the elimination of discriminatory treat7 ment in international trade relations’’. 

8 (2) With each subsequent round of bilateral, re9 gional, and multilateral trade negotiations, tariffs 

10 have been significantly reduced or eliminated for 

11 many manufactured goods, leaving nontariff barriers 

12 as the most pervasive, significant, and challenging 

13 barriers to United States exports and market oppor14 tunities. 

15 (3) The United States market is widely recog16 nized as one of the most open markets in the world. 

17 Average United States tariff rates are very low and 

18 the United States has limited, if any, nontariff bar19 riers. 

20 (4) Often the only leverage the United States 

21 has to obtain the reduction or elimination of non22 tariff barriers imposed by foreign countries is to ne23 gotiate the amount of tariffs the United States im24 poses on imports from those foreign countries. 


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1 (5) Under the current negotiating process, ne2 gotiations to reduce or eliminate tariff barriers and 

3 nontariff barriers are separate and self-contained, 

4 meaning that tradeoffs are tariff-for-tariff and non5 tariff-for-nontariff. As a result, a tariff can be re6 duced or eliminated without securing elimination of 

7 the real barrier or barriers that deny United States 

8 businesses access to a foreign market. 

9 (b) PURPOSE.—The purpose of this Act is to require 

10 that United States trade negotiations achieve measurable 

11 results for United States businesses by ensuring that 

12 trade agreements result in expanded market access for 

13 United States exports and not solely the elimination of 

14 tariffs on goods imported into the United States. 

15 SEC. 3. LIMITATION ON AUTHORITY TO REDUCE OR ELIMI16 NATE RATES OF DUTY PURSUANT TO CER17 TAIN TRADE AGREEMENTS. 

18 (a) LIMITATION.—Notwithstanding any other provi19 sion of the law, on or after the date of the enactment of 

20 this Act, the President may not agree to a modification 

21 of an existing duty that would reduce or eliminate the 

22 bound or applied rate of such duty on any product in order 

23 to carry out a trade agreement entered into between the 

24 United States and a foreign country until the President 


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1 transmits to Congress a certification described in sub2 section (b). 

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

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

5 (1) the United States has obtained the reduc6 tion or elimination of tariff and nontariff barriers 

7 and policies and practices of the government of a 

8 foreign country described in subsection (a) with re9 spect to United States exports of any product identi10 fied by United States domestic producers as having 

11 the same physical characteristics and uses as the 

12 product for which a modification of an existing duty 

13 is sought by the President as described in subsection 

14 (a); and 

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

16 agreement described in subsection (a) relating to the 

17 matters described in paragraph (1) is immediately 

18 enforceable in accordance with the provisions of sec19 tion 4. 

20 SEC. 4. ENFORCEMENT PROVISIONS. 

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

22 President does agree to a modification described in section 

23 3(a), and the United States Trade Representative deter24 mines pursuant to subsection (c) that— 


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

2 practice of the government of a foreign country de3 scribed in section 3(a) has not been reduced or 

4 eliminated, or 

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

6 practice of such government has been imposed or 

7 discovered, 

8 the modification shall be withdrawn until such time as the 

9 United States Trade Representative submits to Congress 

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

11 (b) INVESTIGATION.— 

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

13 Representative shall initiate an investigation if an 

14 interested party files a petition with the United 

15 States Trade Representative which alleges the ele16 ments necessary for the withdrawal of the modifica17 tion of an existing duty under subsection (a), and 

18 which is accompanied by information reasonably 

19 available to the petitioner supporting such allega20 tions. 

21 (2) INTERESTED PARTY DEFINED.—For pur22 poses of paragraph (1), the term ‘‘interested party’’ 

23 means— 

24 (A) a manufacturer, producer, or whole25 saler in the United States of a domestic product 


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1 that has the same physical characteristics and 

2 uses as the product for which a modification of 

3 an existing duty is sought; 

4 (B) a certified union or recognized union 

5 or group of workers engaged in the manufac6 ture, production, or wholesale in the United 

7 States of a domestic product that has the same 

8 physical characteristics and uses as the product 

9 for which a modification of an existing duty is 

10 sought; 

11 (C) a trade or business association a ma12 jority of whose members manufacture, produce, 

13 or wholesale in the United States a domestic 

14 product that has the same physical characteris15 tics and uses as the product for which a modi16 fication of an existing duty is sought; and 

17 (D) a member of the Committee on Ways 

18 and Means of the House of Representatives or 

19 a member of the Committee on Finance of the 

20 Senate. 

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

22 days after the date on which a petition is filed under sub23 section (b), the United States Trade Representative 

24 shall— 


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1 (1) determine whether the petition alleges the 

2 elements necessary for the withdrawal of the modi3 fication of an existing duty under subsection (a); 

4 and 

5 (2) notify the petitioner of the determination 

6 under paragraph (1) and the reasons for the deter7 mination. 

Æ 


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