I 

113TH CONGRESS 

1ST SESSION H. R. 3467 

To enhance reciprocal market access for United States domestic producers 

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

agreements. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 13, 2013 

Ms. SLAUGHTER (for herself, Mr. JONES, Ms. DELAURO, Mr. DEFAZIO, Mr. 

TONKO, Mr. MICHAUD, Mr. CONYERS, Ms. KAPTUR, Mr. MCGOVERN, 

Mr. TIERNEY, Mr. JOHNSON of Georgia, Mr. HIGGINS, and Ms. MCCOLLUM) introduced the following bill; which was referred to the Committee 

on Ways and Means 

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 2013’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

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

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

2 Trade Organization (WTO) is reciprocal market ac3 cess. This principle is underscored in the Marrakesh 

4 Agreement Establishing the World Trade Organiza5 tion which called for ‘‘entering into reciprocal and 

6 mutually advantageous arrangements directed to the 

7 substantial reduction of tariffs and other barriers to 

8 trade and to the elimination of discriminatory treat9 ment in international trade relations’’. 

10 (2) The American people have a right to expect 

11 that the promises that trade negotiators and policy 

12 makers offer in terms of the market access opportu13 nities that will be available to United States busi14 nesses and their employees if trade agreements are 

15 reached, will, in fact, be realized. A results-oriented 

16 approach must form the basis of future trade nego17 tiations that includes verification procedures to en18 sure that the promised market access is achieved 

19 and that reciprocal trade benefits result. 

20 (3) With each subsequent round of bilateral, re21 gional, and multilateral trade negotiations, tariffs 

22 have been significantly reduced or eliminated for 

23 many manufactured goods, leaving nontariff barriers 

24 as the most pervasive, significant, and challenging 

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1 barriers to United States exports and market oppor2 tunities. 

3 (4) The United States market is widely recog4 nized as one of the most open markets in the world. 

5 Average United States tariff rates are very low and 

6 the United States has limited, if any, nontariff bar7 riers. 

8 (5) Often the only leverage the United States 

9 has to obtain the reduction or elimination of non10 tariff barriers imposed by foreign countries is to ne11 gotiate the amount of tariffs the United States im12 poses on imports from those foreign countries. 

13 (6) Under the current negotiating process, ne14 gotiations to reduce or eliminate tariff barriers and 

15 nontariff barriers are separate and self-contained, 

16 meaning that tradeoffs are tariff-for-tariff and non17 tariff-for-nontariff. As a result, a tariff can be re18 duced or eliminated without securing elimination of 

19 the real barrier or barriers that deny United States 

20 businesses access to a foreign market. 

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

22 that United States trade negotiations achieve measurable 

23 results for United States businesses by ensuring that 

24 trade agreements result in expanded market access for 

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1 United States exports and not solely the elimination of 

2 tariffs on goods imported into the United States. 

3 SEC. 3. LIMITATION ON AUTHORITY TO REDUCE OR ELIMI4 NATE RATES OF DUTY PURSUANT TO CER5 TAIN TRADE AGREEMENTS. 

6 (a) LIMITATION.—Notwithstanding any other provi7 sion of law, on or after the date of the enactment of this 

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

9 existing duty that would reduce or eliminate the bound 

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

11 carry out a trade agreement entered into between the 

12 United States and a foreign country until the President 

13 transmits to Congress a certification described in sub14 section (b). 

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

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

17 (1) the United States has obtained the reduc18 tion or elimination of tariff and nontariff barriers 

19 and policies and practices of the government of a 

20 foreign country described in subsection (a) with re21 spect to United States exports of any product identi22 fied by United States domestic producers as having 

23 the same physical characteristics and uses as the 

24 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 Interagency Trade Enforcement Center de12 termines 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 United States Trade Representative shall withdraw 

21 the modification until such time as the President trans22 mits to Congress a certification described in section 

23 3(b)(1). 

24 (b) INVESTIGATION.— 

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1 (1) IN GENERAL.—The Interagency Trade En2 forcement Center, in coordination with the Depart3 ment of Labor, shall initiate an investigation if an 

4 interested party files a petition with the Interagency 

5 Trade Enforcement Center which alleges the ele6 ments necessary for the withdrawal of the modifica7 tion of an existing duty under subsection (a), and 

8 which is accompanied by information reasonably 

9 available to the petitioner supporting such allega10 tions. 

11 (2) INTERESTED PARTY DEFINED.—For pur12 poses of paragraph (1), the term ‘‘interested party’’ 

13 means— 

14 (A) a manufacturer, producer, or whole15 saler in the United States of a domestic product 

16 that has the same physical characteristics and 

17 uses as the product for which a modification of 

18 an existing duty is sought; 

19 (B) a certified union or recognized union 

20 or group of workers engaged in the manufac21 ture, production, or wholesale in the United 

22 States of a domestic product that has the same 

23 physical characteristics and uses as the product 

24 for which a modification of an existing duty is 

25 sought; 

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1 (C) a trade or business association a ma2 jority of whose members manufacture, produce, 

3 or wholesale in the United States a domestic 

4 product that has the same physical characteris5 tics and uses as the product for which a modi6 fication of an existing duty is sought; or 

7 (D) a member of the Committee on Ways 

8 and Means of the House of Representatives or 

9 a member of the Committee on Finance of the 

10 Senate. 

11 (c) DETERMINATION BY ITEC.—Not later than 45 

12 days after the date on which a petition is filed under sub13 section (b), the Interagency Trade Enforcement Center 

14 shall— 

15 (1) determine whether the petition alleges the 

16 elements necessary for the withdrawal of the modi17 fication of an existing duty under subsection (a); 

18 and 

19 (2) notify the petitioner of the determination 

20 under paragraph (1) and the reasons for the deter21 mination. 

22 (d) DEFINITION.—In this section, the term ‘‘Inter23 agency Trade Enforcement Center’’ means the Inter24 agency Trade Enforcement Center established under secmstockstill on DSK4VPTVN1PROD with BILLS

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1 tion 2 of Executive Order 13601 (77 Fed. Reg. 12981; 

2 February 28, 2012). 

3 SEC. 5. MARKET ACCESS ASSESSMENT BY UNITED STATES 

4 INTERNATIONAL TRADE COMMISSION. 

5 (a) IN GENERAL.—With respect to any proposed 

6 trade agreement in which the President seeks a modifica7 tion of an existing duty that would reduce or eliminate 

8 the bound or applied rate of such duty on any product 

9 in order to carry out a trade agreement entered into be10 tween the United States and a foreign country, the United 

11 States International Trade Commission shall initiate an 

12 investigation and report as to the possible market access 

13 opportunities of the modification or elimination of foreign 

14 tariff and nontariff measures for United States industries 

15 producing and exporting similar products. In preparing its 

16 report, the International Trade Commission shall identify 

17 the tariff and nontariff measures for such products and 

18 the expected opportunities for United States exports. 

19 (b) CONSULTATION.—In preparing its report under 

20 subsection (a), the United States International Trade 

21 Commission shall, as appropriate, seek to obtain relevant 

22 information from domestic producers of similar products, 

23 industry associations, government representatives, and 

24 other interested organizations. 

25 (c) REPORT.— 

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1 (1) IN GENERAL.—Not later than 240 days 

2 after the President notifies Congress of his intent to 

3 enter into negotiations for a proposed trade agree4 ment described in subsection (a), or not later than 

5 45 days after the President notifies Congress of his 

6 intent to enter into a trade agreement, whichever oc7 curs first, the United States International Trade 

8 Commission shall submit to the United States Trade 

9 Representative, the Secretary of Commerce, and 

10 Congress the report required under subsection (a). 

11 (2) FORM.—Such report shall be submitted in 

12 unclassified form, but may contain a classified 

13 annex, if necessary. 

Æ 

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