[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1766 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1766

    To enhance reciprocal market access for United States domestic 
   producers in the negotiating process of bilateral, regional, and 
                     multilateral trade agreements.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 8, 2009

 Mr. Brown (for himself and Mrs. Hagan) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 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 the 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.
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