[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1248 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 1248
To amend the Trade Act of 1974 to provide for the review of the extent
to which foreign countries are in compliance with bilateral trade
agreements with the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 9, 1993
Mr. Matsui introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Trade Act of 1974 to provide for the review of the extent
to which foreign countries are in compliance with bilateral trade
agreements with the United States.
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 ``Trade Agreements Compliance Act of
1993''.
SEC. 2. REQUESTS FOR REVIEW OF FOREIGN COMPLIANCE.
Chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2411 et
seq.) is amended by inserting after section 306 the following new
section:
``SEC. 306A. REQUESTS FOR REVIEW OF FOREIGN COMPLIANCE.
``(a) Definitions.--For purposes of this section--
``(1) The term `interested person' means any person that
has a significant economic interest that is being, or has been,
adversely affected by the failure of a foreign country to
comply materially with the terms of a trade agreement.
``(2) The term `trade agreement' means any bilateral trade
agreement to which the United States is a party other than--
``(A) the United States-Canada Free Trade
Agreement, entered into on January 2, 1988, and
``(B) the Agreement on the Establishment of a Free
Trade Area between the Government of the United States
of America and the Government of Israel, entered into
on April 22, 1985.
``(b) Request for Review.--
``(1) An interested person may request the Trade
Representative to undertake a review under this section to
determine whether a foreign country is in material compliance
with the terms of a trade agreement.
``(2) A request for the review of a trade agreement under
this section may be made only during--
``(A) the 30-day period beginning on each
anniversary of the effective date of the trade
agreement; and
``(B) the 30-day period ending on the 90th day
before the termination date of the trade agreement, if
the first day of such 30-day period occurs not less
than 180 days after the last occurring 30-day period
referred to in subparagraph (A).
``(3) The Trade Representative shall commence a review
under this section if the request--
``(A) is in writing;
``(B) includes information reasonably available to
the petitioner regarding the failure of the foreign
country to comply with the trade agreement;
``(C) identifies the economic interest of the
petitioner that is being adversely affected by the
failure referred to in subparagraph (B); and
``(D) describes the extent of the adverse effect.
``(4) If 2 or more requests are filed during any period
described in paragraph (2) regarding the same trade agreement,
all of such requests shall be joined in a single review of the
trade agreement.
``(c) Review.--
``(1) If 1 or more requests regarding any trade agreement
are received during any period described in subsection (b)(2),
then within 90 days after the last day of such period the Trade
Representative shall determine whether the foreign country is
in material compliance with the terms of the trade agreement.
``(2) In making a determination under paragraph (1), the
Trade Representative shall take into account--
``(A) the extent to which the foreign country has
adhered to the commitments it made to the United
States;
``(B) the extent to which that degree of adherence
has achieved the objectives of the agreement; and
``(C) any act, policy, or practice of the foreign
country, or other relevant factor, that may have
contributed directly or indirectly to material
noncompliance with the terms of the agreement.
The acts, policies, or practices referred to in subparagraph
(C) may include structural policies, tariff or nontariff
barriers, or other actions which affect compliance with the
terms of the agreement.
``(3) In conducting any review under para- graph (1), the
Trade Representative may, if the Trade Representative
considers such action necessary or appropriate--
``(A) consult with the Secretary of Commerce and
the Secretary of Agriculture;
``(B) seek the advice of the United States
International Trade Commission; and
``(C) provide opportunity for the presentation of
views by the public.
``(d) Action After Affirmative Determination.--
``(1) If, on the basis of the review carried out under
subsection (c), the Trade Representative determines that a
foreign country is not in material compliance with the terms of
a trade agreement, the Trade Representative shall determine
what action to take under section 301(a).
``(2) For purposes of section 301, any determination made
under subsection (c) shall be treated as a determination made
under section 304.
``(3) In determining what action to take under section
301(a), the Trade Representative shall seek to minimize the
adverse impact on existing business relations or economic
interests of United States persons, including products for
which a significant volume of trade does not currently exist.
``(e) International Obligations.--Nothing in this section may be
construed as requiring actions that are inconsistent with the
international obligations of the United States, including the General
Agreement on Tariffs and Trade.''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Congressional Notification.--Section 309(3)(A) of the Trade Act
of 1974 (19 U.S.C. 2419(3)(A)) is amended by striking out ``section
302,'' and inserting ``sections 302 and 306A(c),''.
(b) Table of Contents.--The table of contents of the Trade Act of
1974 relating to chapter 1 of title III is amended by inserting after
the item relating to section 306 the following:
``Sec. 306A. Requests for review of foreign compliance.''.
<all>