[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 269 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 269
To amend the Trade Act of 1974 to provide that interested persons may
request review by the Trade Representative of a foreign country's
compliance with trade agreements.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 2 (legislative day, January 5), 1993
Mr. Baucus (for himself, Mr. Riegle, Mr. Rockefeller, Mr. Reid, Mr.
Levin, and Mr. Danforth) introduced the following bill; which was read
twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Trade Act of 1974 to provide that interested persons may
request review by the Trade Representative of a foreign country's
compliance with 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 ``Trade Agreement Compliance Act of
1993''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the United States has entered into numerous trade
agreements with foreign country trading partners;
(2) foreign country performance with respect to certain
agreements has been less than contemplated, and in some cases
rises to the level of noncompliance; and
(3) there is a need to provide a mechanism whereby
interested parties can obtain a periodic review of the
performance of a foreign country under a trade agreement.
(b) Purposes.--The purposes of this Act are--
(1) to ensure that foreign countries which have made
commitments through agreements with the United States fully
abide by those commitments;
(2) to obtain foreign country compliance with agreements
with the United States through negotiation or, in the
alternative, through unilateral action in cases in which the
GATT dispute settlement procedures cannot be employed;
(3) to achieve a more open world trading system which
provides mutually advantageous market opportunities for trade
between the United States and foreign countries;
(4) to facilitate the opening of foreign country markets to
exports of the United States and third countries by eliminating
trade barriers and increasing the access of industry of the
United States and third countries to such markets; and
(5) to reduce diversion of third country exports to the
United States because of restricted market access in foreign
countries.
SEC. 3. REVIEW OF TRADE AGREEMENTS.
(a) In General.--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. REQUEST FOR REVIEW OF TRADE AGREEMENTS.
``(a) Annual Review of Trade Agreements.--
``(1)(A) At the written request of an interested person,
the Trade Representative shall commence a review to determine
whether a foreign country is in compliance with any trade
agreement such country has with the United States.
``(B) An interested person may file a written request for
review under paragraph (1) at any time after the date which is
within 30 days after the anniversary of the effective date of
such agreement, but not later than 90 days before the date of
the expiration of such agreement.
``(C) A written request filed under this paragraph shall--
``(i) identify the person filing the request and
the interest of that person which is affected by the
noncompliance of a foreign country with a trade
agreement with the United States;
``(ii) describe the rights of the United States
being denied under such trade agreement; and
``(iii) include information reasonably available to
the person regarding the failure of the foreign country
to comply with such trade agreement.
``(2) Not later than 90 days after receipt of a request for
review under paragraph (1), the Trade Representative shall
determine whether any act, policy, or practice of the foreign
country that is the subject of the review is in material
noncompliance with the terms of such agreement.
``(3) In conducting a review under this subsection, the
Trade Representative may, as the Trade Representative
determines appropriate, consult with the Secretary of Commerce
or the Secretary of Agriculture.
``(4)(A) For purposes of this subsection, the term
`interested person' means a person who has a significant
economic interest that is affected by the failure of a foreign
country to comply with a trade agreement.
``(B) For purposes of this subsection, the term `trade
agreement' means an agreement with the United States and is not
intended to include multilateral trade agreements such as the
General Agreement on Tariffs and Trade.
``(b) Factors To Be Taken Into Account.--In making a determination
under subsection (a)(2), the Trade Representative shall take into
account, among other relevant factors--
``(1) achievement of the objectives of the agreement,
``(2) adherence to commitments given, and
``(3) any evidence of actual patterns of trade that do not
reflect patterns of trade which would reasonably be anticipated
to flow from the concessions or commitments of such country
based on the international competitive position and export
potential of a United States industry.
The Trade Representative may seek the advice of the United States
International Trade Commission when considering these factors.
``(c) Further Action.--
``(1) If, on the basis of the review carried out under
subsection (a), the Trade Representative determines that a
foreign country is in material noncompliance with an agreement
within the meaning of subsection (a)(2), the Trade
Representative shall determine what further action to take
under section 301(a).
``(2) For purposes of section 301, any determination made
under subsection (a) shall be treated as a determination made
under section 304.
``(3) In determining what further action to take under
paragraph (1), the Trade Representative shall take into account
the criteria described in subsection (d) with respect to
possible sanctions.
``(d) Sanctions.--In developing a list of possible sanctions to be
imposed in the event a determination is made under subsection (a)(2),
the Trade Representative shall seek to minimize any adverse impact on
existing business relations or economic interests of United States
persons, including consideration of taking action with respect to
future products for which a significant volume of current trade does
not exist.''.
(b) Conforming Amendment.--The table of contents of chapter 1 of
title III of the Trade Act of 1974 is amended by inserting after the
item relating to section 306 the following new item:
``Sec. 306A. Request for review of trade agreements.''.
SEC. 4. INTERNATIONAL OBLIGATIONS.
The amendments made by this Act shall not be construed to require
actions inconsistent with the international obligations of the United
States, including obligations under the General Agreement on Tariffs
and Trade.
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