[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3786 Introduced in House (IH)]
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 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reciprocal Market Access 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 access. This principle
is underscored in the Marrakesh Agreement Establishing the
World Trade Organization 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 treatment in
international trade relations''.
(2) With each subsequent round of bilateral, regional, 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 opportunities.
(3) The United States market is widely recognized 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 barriers.
(4) Often the only leverage the United States has to obtain
the reduction or elimination of nontariff barriers imposed by
foreign countries is to negotiate the amount of tariffs the
United States imposes on imports from those foreign countries.
(5) Under the current negotiating process, negotiations to
reduce or eliminate tariff barriers and nontariff barriers are
separate and self-contained, meaning that tradeoffs are tariff-
for-tariff and nontariff-for-nontariff. As a result, a tariff
can be reduced 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 ELIMINATE RATES OF DUTY
PURSUANT TO CERTAIN TRADE AGREEMENTS.
(a) Limitation.--Notwithstanding any other provision 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 subsection (b).
(b) Certification.--A certification referred to in subsection (a)
is a certification by the President that--
(1) the United States has obtained the reduction or
elimination of tariff and nontariff barriers and policies and
practices of the government of a foreign country described in
subsection (a) with respect to United States exports of any
product identified 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 section 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 determines pursuant to subsection (c) that--
(1) a tariff or nontariff barrier or policy or practice of
the government of a foreign country described 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 elements necessary for the withdrawal of the
modification of an existing duty under subsection (a), and
which is accompanied by information reasonably available to the
petitioner supporting such allegations.
(2) Interested party defined.--For purposes of paragraph
(1), the term ``interested party'' means--
(A) a manufacturer, producer, or wholesaler 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 manufacture, 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 majority of
whose members manufacture, produce, or wholesale in the
United States a domestic product that has the same
physical characteristics and uses as the product for
which a modification 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 subsection (b), the United States
Trade Representative shall--
(1) determine whether the petition alleges the elements
necessary for the withdrawal of the modification of an existing
duty under subsection (a); and
(2) notify the petitioner of the determination under
paragraph (1) and the reasons for the determination.
<all>