[Congressional Record Volume 157, Number 153 (Thursday, October 13, 2011)]
[Senate]
[Pages S6514-S6515]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BROWN of Ohio:
  S. 1711. A bill to enhance reciprocal market access for United States 
domestic producers in the negotiating process of bilateral, regional, 
and multilateral trade agreements; to the Committee on Finance.
  Mr. BROWN of Ohio. Mr. President I rise to talk about our Nation's 
flawed approach to trade and its damaging effects on economic growth 
and job creation. Yesterday, this body approved three trade agreements 
that will do far too little to create manufacturing jobs here in the 
United States. In fact, it is clear these more-of-the-same agreements 
will cost manufacturing jobs in Ohio and across the nation.
  In towns and cities across Ohio, workers have the proud tradition of 
manufacturing products that matter to America.
  From steel tubes made in Lorain that equip our energy markets, to car 
parts made in Moraine that move our auto industry forward, Ohio 
manufacturers represent the heart of our nation's economy.
  Ohio manufacturers and workers are some of the most industrious and 
innovative in the United States.
  Our companies and the people who fill our factories can compete 
across the world--but only if your government implements trade policies 
that create a level playing field.
  However, Republican and Democratic administrations alike, along with 
Congress, have signed and passed trade agreements premised on hollow 
promises.
  Supporters of free market policies promised that past trade pacts 
like NAFTA would stimulate growth and create jobs.
  Some companies and constituents in Ohio would argue these 
assertions--and the assurances that accompany current trade 
agreements--could not be further from the truth.
  Once successful companies in my state are now collapsing under the 
weight of misguided trade policies.
  Working families in West Chester, Pickerington, Lima, and Akron are 
holding on for dear life in the face of our government failing to 
negotiate and enforce trade deals.
  A rational trade agreement should open new markets, include standards 
on labor and safety that are at least as strong as the commercial 
provisions, and help U.S. companies expand their consumer base around 
the world.
  However, recent trade pacts have slashed tariffs for foreign 
competitors while doing little to address the tariff and nontariff 
barriers that U.S. businesses face with our trading partners. Nothing 
in these newly approved agreements will change this pattern.
  All too often, U.S. trade negotiators have been willing to open our 
markets to a flood of imports while failing to win the concessions 
required to make trade work for America.
  A quick glance at our Nation's trade statistics makes it clear that 
we need a new gameplan when it comes to trade.
  The U.S. merchandise trade deficit has surged 46 percent over the 
last decade, reaching an astronomical $634 billion in 2010.
  Since the implementation of NAFTA in 1994, the U.S. has lost more 
than three million manufacturing jobs.
  Behind these numbers are the faces of middle-class Americans who have 
lost their job because of ill-advised trade agreements.
  Whether it is the worker getting laid off at a manufacturer providing 
energy appliances, or the person losing their job at a steel plant, the 
loss of a job due to trade can be a devastating experience for families 
across America.
  Two examples of our nation giving too much, for too little in return 
can be seen with the U.S.-Korea free trade agreement.
  South Korea has the lowest level of import penetration for auto 
sales--at just 4.4 percent--of any developed country.
  In 2009, the U.S. exported fewer than 6,000 cars to Korea. In the 
same year, Korea exported 476,000 cars to the U.S.
  While a marginal improvement, the U.S.-Korea free trade agreement 
would allow each American-based automaker to export 25,000 cars to 
South Korea free of burdensome regulations.
  However, it is clear that this ``concession'' does not do enough to 
shift the imbalanced trade in the auto sector in our direction.
  In addition--much like China--South Korea would still be able to 
manipulate its currency--thwarting the ability of American companies to 
compete and hire workers.
  Instead, South Korea will be able to exploit this trade agreement and 
make the limited market access we would have meaningless.
  It is time that our free trade agreements increase market access to 
U.S. goods so that we're exporting goods--not jobs.
  The American people are demanding a plan to make trade work.
  It is time for Congress to meet the demands of the American people 
and take action to ensure a level playing field for our businesses and 
workers.
  That is why I'm introducing the Reciprocal Market Access Act.
  The Reciprocal Market Access Act would require the reduction or 
elimination of U.S. duties to be reciprocated by the nation with which 
we are entering into a trade pact.
  In the event that a trading partner does not adhere to this 
requirement, the U.S. Trade Representative would be authorized to 
withdraw tariff concessions if a trading partner has failed to 
eliminate relevant tariff and non-tariff barriers.
  This requirement will make sure that any type of barrier doesn't put 
American products at a disadvantage before we open our doors to 
American goods.
  The U.S. should no longer acquiesce to demands to further open our 
market--already the most open market in the global economy--without 
gaining meaningful market access for American manufacturers in 
exchange.
  In addition, this bill would instruct the International Trade 
Commission to assess the impact of a potential trade agreement on 
opportunities and barriers for U.S. products that will be affected by 
the trade agreement.
  If Congress is committed to creating jobs and reducing the trade 
deficit, we've got to make sure we have the policies that put us on a 
level playing field with our trading partners.
  If we are serious about standing up for workers, small business and 
manufacturers who continue to play be the rules, we need to pass this 
legislation.
  It is time to take action to help rebuild the economic foundation of 
the middle class.
  It is time we negotiate trade agreements that put American workers 
and American businesses first.
  It is time to pass this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1711

       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 2011''.

     SEC. 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.

     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)

[[Page S6515]]

     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.

     SEC. 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.

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