II 112th CONGRESS 1st Session S. 1711 IN THE SENATE OF THE UNITED STATES October 13, 2011 Mr. Brown of Ohio 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.

1.

Short title

This Act may be cited as the Reciprocal Market Access Act of 2011.

2.

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.

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.

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.

5.

Market access assessment by International Trade Commission

(a)

In general

The International Trade Commission shall conduct an assessment of the impact of each proposed trade agreement between the United States and a foreign country on tariff and nontariff barriers and policies and practices of the government of the foreign country 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 section 4(a). (b)

Identification

In conducting the assessment under subsection (a), the International Trade Commission shall identify the tariff and nontariff barriers and policies and practices for such products that exist in the foreign country and the expected opportunities for exports from the United States to the foreign country if existing tariff and nontariff barriers and policies and practices are eliminated. (c)

Consultation

In conducting the assessment under subsection (a), the International Trade Commission shall, as appropriate, consult with and seek to obtain relevant documentation from United States domestic producers of products 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 section 4(a). (d)

Report

Not later than 45 days before the date on which negotiations for a proposed trade agreement described in subsection (a) are initiated, the International Trade Commission shall submit to the United States Trade Representative, the Secretary of Commerce, and Congress a report on the proposed trade agreement that contains the assessment under subsection (a) conducted with respect to such proposed trade agreement. The report shall be submitted in unclassified form, but may contain a classified annex if necessary.