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. MCCOL-
LUM) introduced the following bill; which was referred to the Committee 
on Ways and Means 
A BILL 
To enhance reciprocal market access for United States do-
mestic producers in the negotiating process of bilateral, 
regional, and multilateral trade agreements. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Reciprocal Market Ac-
cess Act of 2013’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
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(1) One of the fundamental tenets of the World 
Trade Organization (WTO) is reciprocal market ac-
cess. This principle is underscored in the Marrakesh 
Agreement Establishing the World Trade Organiza-
tion which called for ‘‘entering into reciprocal and 
mutually advantageous arrangements directed to the 
substantial reduction of tariffs and other barriers to 
trade and to the elimination of discriminatory treat-
ment in international trade relations’’. 
(2) The American people have a right to expect 
that the promises that trade negotiators and policy 
makers offer in terms of the market access opportu-
nities that will be available to United States busi-
nesses and their employees if trade agreements are 
reached, will, in fact, be realized. A results-oriented 
approach must form the basis of future trade nego-
tiations that includes verification procedures to en-
sure that the promised market access is achieved 
and that reciprocal trade benefits result. 
(3) With each subsequent round of bilateral, re-
gional, and multilateral trade negotiations, tariffs 
have been significantly reduced or eliminated for 
many manufactured goods, leaving nontariff barriers 
as the most pervasive, significant, and challenging 
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barriers to United States exports and market oppor-
tunities. 
(4) The United States market is widely recog-
nized as one of the most open markets in the world. 
Average United States tariff rates are very low and 
the United States has limited, if any, nontariff bar-
riers. 
(5) Often the only leverage the United States 
has to obtain the reduction or elimination of non-
tariff barriers imposed by foreign countries is to ne-
gotiate the amount of tariffs the United States im-
poses on imports from those foreign countries. 
(6) Under the current negotiating process, ne-
gotiations to reduce or eliminate tariff barriers and 
nontariff barriers are separate and self-contained, 
meaning that tradeoffs are tariff-for-tariff and non-
tariff-for-nontariff. As a result, a tariff can be re-
duced or eliminated without securing elimination of 
the real barrier or barriers that deny United States 
businesses access to a foreign market. 
(b) PURPOSE.—The purpose of this Act is to require 
that United States trade negotiations achieve measurable 
results for United States businesses by ensuring that 
trade agreements result in expanded market access for 
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United States exports and not solely the elimination of 
tariffs on goods imported into the United States. 
SEC. 3. LIMITATION ON AUTHORITY TO REDUCE OR ELIMI-
NATE RATES OF DUTY PURSUANT TO CER-
TAIN TRADE AGREEMENTS. 
(a) LIMITATION.—Notwithstanding any other provi-
sion of law, on or after the date of the enactment of this 
Act, the President may not agree to a modification of an 
existing duty that would reduce or eliminate the bound 
or applied rate of such duty on any product in order to 
carry out a trade agreement entered into between the 
United States and a foreign country until the President 
transmits to Congress a certification described in sub-
section (b). 
(b) CERTIFICATION.—A certification referred to in 
subsection (a) is a certification by the President that— 
(1) the United States has obtained the reduc-
tion or elimination of tariff and nontariff barriers 
and policies and practices of the government of a 
foreign country described in subsection (a) with re-
spect to United States exports of any product identi-
fied by United States domestic producers as having 
the same physical characteristics and uses as the 
product for which a modification of an existing duty 
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is sought by the President as described in subsection 
(a); and 
(2) a violation of any provision of the trade 
agreement described in subsection (a) relating to the 
matters described in paragraph (1) is immediately 
enforceable in accordance with the provisions of sec-
tion 4. 
SEC. 4. ENFORCEMENT PROVISIONS. 
(a) WITHDRAWAL OF TARIFF CONCESSIONS.—If the 
President does agree to a modification described in section 
3(a), and the Interagency Trade Enforcement Center de-
termines pursuant to subsection (c) that— 
(1) a tariff or nontariff barrier or policy or 
practice of the government of a foreign country de-
scribed in section 3(a) has not been reduced or 
eliminated, or 
(2) a tariff or nontariff barrier or policy or 
practice of such government has been imposed or 
discovered, 
the United States Trade Representative shall withdraw 
the modification until such time as the President trans-
mits to Congress a certification described in section 
3(b)(1). 
(b) INVESTIGATION.— 
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(1) IN GENERAL.—The Interagency Trade En-
forcement Center, in coordination with the Depart-
ment of Labor, shall initiate an investigation if an 
interested party files a petition with the Interagency 
Trade Enforcement Center which alleges the ele-
ments necessary for the withdrawal of the modifica-
tion of an existing duty under subsection (a), and 
which is accompanied by information reasonably 
available to the petitioner supporting such allega-
tions. 
(2) INTERESTED
PARTY
DEFINED.—For pur-
poses of paragraph (1), the term ‘‘interested party’’ 
means— 
(A) a manufacturer, producer, or whole-
saler in the United States of a domestic product 
that has the same physical characteristics and 
uses as the product for which a modification of 
an existing duty is sought; 
(B) a certified union or recognized union 
or group of workers engaged in the manufac-
ture, production, or wholesale in the United 
States of a domestic product that has the same 
physical characteristics and uses as the product 
for which a modification of an existing duty is 
sought; 
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(C) a trade or business association a ma-
jority of whose members manufacture, produce, 
or wholesale in the United States a domestic 
product that has the same physical characteris-
tics and uses as the product for which a modi-
fication of an existing duty is sought; or 
(D) a member of the Committee on Ways 
and Means of the House of Representatives or 
a member of the Committee on Finance of the 
Senate. 
(c) DETERMINATION BY ITEC.—Not later than 45 
days after the date on which a petition is filed under sub-
section (b), the Interagency Trade Enforcement Center 
shall— 
(1) determine whether the petition alleges the 
elements necessary for the withdrawal of the modi-
fication of an existing duty under subsection (a); 
and 
(2) notify the petitioner of the determination 
under paragraph (1) and the reasons for the deter-
mination. 
(d) DEFINITION.—In this section, the term ‘‘Inter-
agency Trade Enforcement Center’’ means the Inter-
agency Trade Enforcement Center established under sec-
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tion 2 of Executive Order 13601 (77 Fed. Reg. 12981; 
February 28, 2012). 
SEC. 5. MARKET ACCESS ASSESSMENT BY UNITED STATES 
INTERNATIONAL TRADE COMMISSION. 
(a) IN GENERAL.—With respect to any proposed 
trade agreement in which the President seeks a modifica-
tion of an existing duty that would reduce or eliminate 
the bound or applied rate of such duty on any product 
in order to carry out a trade agreement entered into be-
tween the United States and a foreign country, the United 
States International Trade Commission shall initiate an 
investigation and report as to the possible market access 
opportunities of the modification or elimination of foreign 
tariff and nontariff measures for United States industries 
producing and exporting similar products. In preparing its 
report, the International Trade Commission shall identify 
the tariff and nontariff measures for such products and 
the expected opportunities for United States exports. 
(b) CONSULTATION.—In preparing its report under 
subsection (a), the United States International Trade 
Commission shall, as appropriate, seek to obtain relevant 
information from domestic producers of similar products, 
industry associations, government representatives, and 
other interested organizations. 
(c) REPORT.— 
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(1) IN
GENERAL.—Not later than 240 days 
after the President notifies Congress of his intent to 
enter into negotiations for a proposed trade agree-
ment described in subsection (a), or not later than 
45 days after the President notifies Congress of his 
intent to enter into a trade agreement, whichever oc-
curs first, the United States International Trade 
Commission shall submit to the United States Trade 
Representative, the Secretary of Commerce, and 
Congress the report required under subsection (a). 
(2) FORM.—Such report shall be submitted in 
unclassified form, but may contain a classified 
annex, if necessary. 
Æ 
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