I 

115TH CONGRESS 

2D SESSION H. R. 5909 

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 

MAY 22, 2018 

Ms. DELAURO 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 2018’’. 

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 Sep 11 2014 00:51 Jun 02, 2018 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5909.IH H5909

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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) The American people have a right to expect 

9 that the promises that trade negotiators and policy 

10 makers offer in terms of the market access opportu11 nities that will be available to United States busi12 nesses and their employees if trade agreements are 

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

14 approach must form the basis of future trade nego15 tiations that includes verification procedures to en16 sure that the promised market access is achieved 

17 and that reciprocal trade benefits result. 

18 (3) With each subsequent round of bilateral, re19 gional, and multilateral trade negotiations, tariffs 

20 have been significantly reduced or eliminated for 

21 many manufactured goods, leaving nontariff barriers 

22 as the most pervasive, significant, and challenging 

23 barriers to United States exports and market oppor24 tunities. 


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1 (4) The United States market is widely recog2 nized as one of the most open markets in the world. 

3 Average United States tariff rates are very low and 

4 the United States has limited, if any, nontariff bar5 riers. 

6 (5) Often the only leverage the United States 

7 has to obtain the reduction or elimination of non8 tariff barriers imposed by foreign countries is to ne9 gotiate the amount of tariffs the United States im10 poses on imports from those foreign countries. 

11 (6) Under the current negotiating process, ne12 gotiations to reduce or eliminate tariff barriers and 

13 nontariff barriers are separate and self-contained, 

14 meaning that tradeoffs are tariff-for-tariff and non15 tariff-for-nontariff. As a result, a tariff can be re16 duced or eliminated without securing elimination of 

17 the real barrier or barriers that deny United States 

18 businesses access to a foreign market. 

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

20 that United States trade negotiations achieve measurable 

21 results for United States businesses by ensuring that 

22 trade agreements result in expanded market access for 

23 United States exports and not solely the elimination of 

24 tariffs on goods imported into the United States. 


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1 SEC. 3. LIMITATION ON AUTHORITY TO REDUCE OR ELIMI2 NATE RATES OF DUTY PURSUANT TO CER3 TAIN TRADE AGREEMENTS. 

4 (a) LIMITATION.—Notwithstanding any other provi5 sion of law, on or after the date of the enactment of this 

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

7 existing duty that would reduce or eliminate the bound 

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

9 carry out a trade agreement entered into between the 

10 United States and a foreign country until the President 

11 transmits to Congress a certification described in sub12 section (b). 

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

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

15 (1) the United States has obtained the reduc16 tion or elimination of tariff and nontariff barriers 

17 and policies and practices of the government of a 

18 foreign country described in subsection (a) with re19 spect to United States exports of any product identi20 fied by United States domestic producers as having 

21 the same physical characteristics and uses as the 

22 product for which a modification of an existing duty 

23 is sought by the President as described in subsection 

24 (a); and 

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

26 agreement described in subsection (a) relating to the 


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1 matters described in paragraph (1) is immediately 

2 enforceable in accordance with the provisions of sec3 tion 4. 

4 SEC. 4. ENFORCEMENT PROVISIONS. 

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

6 President does agree to a modification described in section 

7 3(a), and the United States Trade Representative deter8 mines pursuant to subsection (c) that— 

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

10 practice of the government of a foreign country de11 scribed in section 3(a) has not been reduced or 

12 eliminated; or 

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

14 practice of such government has been imposed or 

15 discovered, 

16 the United States Trade Representative shall withdraw 

17 the modification until such time as the President trans18 mits to Congress a certification described in section 

19 3(b)(1). 

20 (b) INVESTIGATION.— 

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

22 Representative, in coordination with the Department 

23 of Labor, shall initiate an investigation if an inter24 ested party files a petition with the United States 

25 Trade Representative which alleges the elements 


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1 necessary for the withdrawal of the modification of 

2 an existing duty under subsection (a), and which is 

3 accompanied by information reasonably available to 

4 the petitioner supporting such allegations. 

5 (2) INTERESTED PARTY DEFINED.—For pur6 poses of paragraph (1), the term ‘‘interested party’’ 

7 means— 

8 (A) a manufacturer, producer, or whole9 saler in the United States of a domestic product 

10 that has the same physical characteristics and 

11 uses as the product for which a modification of 

12 an existing duty is sought; 

13 (B) a certified union or recognized union 

14 or group of workers engaged in the manufac15 ture, production, or wholesale in the United 

16 States of a domestic product that has the same 

17 physical characteristics and uses as the product 

18 for which a modification of an existing duty is 

19 sought; 

20 (C) a trade or business association a ma21 jority of whose members manufacture, produce, 

22 or wholesale in the United States a domestic 

23 product that has the same physical characteris24 tics and uses as the product for which a modi25 fication of an existing duty is sought; or 


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1 (D) a member of the Committee on Ways 

2 and Means of the House of Representatives or 

3 a member of the Committee on Finance of the 

4 Senate. 

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

6 days after the date on which a petition is filed under sub7 section (b), the United States Trade Representative 

8 shall— 

9 (1) determine whether the petition alleges the 

10 elements necessary for the withdrawal of the modi11 fication of an existing duty under subsection (a); 

12 and 

13 (2) notify the petitioner of the determination 

14 under paragraph (1) and the reasons for the deter15 mination. 

16 SEC. 5. MARKET ACCESS ASSESSMENT BY UNITED STATES 

17 INTERNATIONAL TRADE COMMISSION. 

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

19 trade agreement in which the President seeks a modifica20 tion of an existing duty that would reduce or eliminate 

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

22 in order to carry out a trade agreement entered into be23 tween the United States and a foreign country, the United 

24 States International Trade Commission shall initiate an 

25 investigation and report as to the possible market access 


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1 opportunities of the modification or elimination of foreign 

2 tariff and nontariff measures for United States industries 

3 producing and exporting similar products. In preparing its 

4 report, the International Trade Commission shall identify 

5 the tariff and nontariff measures for such products and 

6 the expected opportunities for United States exports. 

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

8 subsection (a), the United States International Trade 

9 Commission shall, as appropriate, seek to obtain relevant 

10 information from domestic producers of similar products, 

11 industry associations, government representatives, and 

12 other interested organizations. 

13 (c) REPORT.— 

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

15 after the President notifies Congress of his intent to 

16 enter into negotiations for a proposed trade agree17 ment described in subsection (a), or not later than 

18 45 days after the President notifies Congress of his 

19 intent to enter into a trade agreement, whichever oc20 curs first, the United States International Trade 

21 Commission shall submit to the United States Trade 

22 Representative, the Secretary of Commerce, and 

23 Congress the report required under subsection (a). 


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

2 unclassified form, but may contain a classified 

3 annex, if necessary. 

Æ 


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