I 112th CONGRESS 1st Session H. R. 554 IN THE HOUSE OF REPRESENTATIVES February 8, 2011 Mr. McCotter introduced the following bill; which was referred to the Committee on Ways and Means A BILL To withdraw normal trade relations treatment from the products of foreign countries that do not maintain acceptable standards of religious freedom and worker rights.

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Short title

This Act may be cited as the Freedom Trade Act.

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Withdrawal of normal trade relations treatment from products of foreign countries that do not maintain acceptable standards of religious freedom and worker rights

Title IV of the Trade Act of 1974 is amended by adding at the end the following: 3

Additional Restrictions on Trade Relations with Foreign Countries

441.

Withdrawal of normal trade relations treatment

Effective on and after the end of the 6-month period beginning on the date of the enactment of this chapter, and subject to the other provisions of this chapter— (1)normal trade relations treatment shall not apply to the products of a foreign country with respect to which a certification described in section 442 is not in effect; and (2)the column 2 rate of duty in the Harmonized Tariff Schedule of the United States shall apply to the products of such a foreign country.

442.

Certification

(a)

Initial certification

A certification described in section 441 is a certification that meets the following requirements: (1)The United States Commission on International Religious Freedom and the Secretary of State certify to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the foreign country is not engaging in violations of religious freedom, as defined in section 3 of the International Religious Freedom Act of 1998 (22 U.S.C. 6402). (2)The Secretary of State and the Secretary of Labor certify to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the foreign country is not restricting the freedom of workers to associate and the right of workers to organize and bargain collectively. (3)The Secretary of State and the Secretary of Labor certify to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the foreign country does not prohibit or limit the functioning of free and independent labor unions. (b)

Recertifications

Not later than 12 months after the date on which an initial certification is made under subsection (a) with respect to a foreign country and every 12 months thereafter— (1)the United States Commission on International Religious Freedom, the Secretary of State, and the Secretary of Labor (as the case may be) shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a recertification that the conditions described in subsection (a) are continuing to be met with respect to the foreign country; or (2)if the United States Commission on International Religious Freedom, the Secretary of State, and the Secretary of Labor (as the case may be) is unable to make such a recertification with respect to the foreign country, the United States Commission on International Religious Freedom, the Secretary of State, and the Secretary of Labor shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that contains the reasons therefor. (c)

Definitions

For purposes of this section— (1)the right of workers to organize includes the right— (A)to establish and join organizations of workers of their own choosing without previous authorization, to write the constitutions and rules to govern those organizations, to elect or select the leadership of those organizations, and to determine the agendas and programs of those organizations; (B)to join confederations of organizations of workers, and affiliate with international organizations of workers; and (C)to be protected against dissolution or suspension of such organizations, confederations, or affiliations by any governmental authority; and (2)(A)the term free and independent labor union means a labor union that operates independently of any governmental authority or ruling party, is not required to join or be affiliated with a specific political party, and is allowed to strike (subject to an exception for employees providing essential services and a temporary exception during instances of acute national emergency); (B)the term acute national emergency means a crisis in which the normal conditions for the functioning of society are absent, such as in the case of a serious conflict, insurrection, or natural disaster; and (C)the term essential services means those services that, if interrupted, would endanger the life, personal safety, or health of the whole or part of the population.

443.

Relationship to other law

The prohibitions in section 441 apply to a foreign country in addition to any other provision of law that otherwise operates as a prohibition or limitation on trade relations with the foreign country.

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