I 
111TH CONGRESS 
1ST SESSION H. R. 3786 
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 
OCTOBER 8, 2009 
Ms. SLAUGHTER (for herself, Mr. MCINTYRE, Mr. MICHAUD, Mr. HARE, Mr. 
HIGGINS, Mr. JONES, Ms. KAPTUR, and Mr. TONKO) introduced the fol-
lowing 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 2009’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) One of the fundamental tenets of the World 
Trade Organization (WTO) is reciprocal market ac-
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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) 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 
barriers to United States exports and market oppor-
tunities. 
(3) 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. 
(4) 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. 
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(5) 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 
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 
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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 
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 United States Trade Representative deter-
mines pursuant to subsection (c) that— 
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(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 modification shall be withdrawn until such time as the 
United States Trade Representative submits to Congress 
a certification described in section 3(b)(1). 
(b) INVESTIGATION.— 
(1) IN
GENERAL.—The United States Trade 
Representative shall initiate an investigation if an 
interested party files a petition with the United 
States Trade Representative 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 
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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; 
(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; and 
(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 USTR.—Not later than 45 
days after the date on which a petition is filed under sub-
section (b), the United States Trade Representative 
shall— 
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(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. 
Æ 
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