I 

111TH CONGRESS 

1ST SESSION H. R. 3347 

To withdraw normal trade relations treatment from the products of foreign 

countries that do not maintain acceptable standards of religious freedom 

and worker rights. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2009 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Freedom Trade Act’’. 


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1 SEC. 2. WITHDRAWAL OF NORMAL TRADE RELATIONS 

2 TREATMENT FROM PRODUCTS OF FOREIGN 

3 COUNTRIES THAT DO NOT MAINTAIN AC4 CEPTABLE STANDARDS OF RELIGIOUS FREE5 DOM AND WORKER RIGHTS. 

6 Title IV of the Trade Act of 1974 is amended by add7 ing at the end the following: 

8 ‘‘CHAPTER 3—ADDITIONAL RESTRICTIONS 

9 ON TRADE RELATIONS WITH FOREIGN 

10 COUNTRIES 

11 ‘‘SEC. 441. WITHDRAWAL OF NORMAL TRADE RELATIONS 

12 TREATMENT. 

13 ‘‘Effective on and after the end of the 6-month period 

14 beginning on the date of the enactment of this chapter, 

15 and subject to the other provisions of this chapter— 

16 ‘‘(1) normal trade relations treatment shall not 

17 apply to the products of a foreign country with re18 spect to which a certification described in section 

19 442 is not in effect; and 

20 ‘‘(2) the column 2 rate of duty in the Har21 monized Tariff Schedule of the United States shall 

22 apply to the products of such a foreign country. 

23 ‘‘SEC. 442. CERTIFICATION. 

24 ‘‘(a) INITIAL CERTIFICATION.—A certification de25 scribed in section 441 is a certification that meets the fol26 lowing requirements: 


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1 ‘‘(1) The United States Commission on Inter2 national Religious Freedom and the Secretary of 

3 State certify to the Committee on Foreign Affairs of 

4 the House of Representatives and the Committee on 

5 Foreign Relations of the Senate that the foreign 

6 country is not engaging in violations of religious 

7 freedom, as defined in section 3 of the International 

8 Religious Freedom Act of 1998 (22 U.S.C. 6402). 

9 ‘‘(2) The Secretary of State and the Secretary 

10 of Labor certify to the Committee on Foreign Af11 fairs of the House of Representatives and the Com12 mittee on Foreign Relations of the Senate that the 

13 foreign country is not restricting the freedom of 

14 workers to associate and the right of workers to or15 ganize and bargain collectively. 

16 ‘‘(3) The Secretary of State and the Secretary 

17 of Labor certify to the Committee on Foreign Af18 fairs of the House of Representatives and the Com19 mittee on Foreign Relations of the Senate that the 

20 foreign country does not prohibit or limit the func21 tioning of free and independent labor unions. 

22 ‘‘(b) RECERTIFICATIONS.—Not later than 12 months 

23 after the date on which an initial certification is made 

24 under subsection (a) with respect to a foreign country and 

25 every 12 months thereafter— 


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1 ‘‘(1) the United States Commission on Inter2 national Religious Freedom, the Secretary of State, 

3 and the Secretary of Labor (as the case may be) 

4 shall transmit to the Committee on Foreign Affairs 

5 of the House of Representatives and the Committee 

6 on Foreign Relations of the Senate a recertification 

7 that the conditions described in subsection (a) are 

8 continuing to be met with respect to the foreign 

9 country; or 

10 ‘‘(2) if the United States Commission on Inter11 national Religious Freedom, the Secretary of State, 

12 and the Secretary of Labor (as the case may be) is 

13 unable to make such a recertification with respect to 

14 the foreign country, the United States Commission 

15 on International Religious Freedom, the Secretary of 

16 State, and the Secretary of Labor shall transmit to 

17 the Committee on Foreign Affairs of the House of 

18 Representatives and the Committee on Foreign Re19 lations of the Senate a report that contains the rea20 sons therefor. 

21 ‘‘(c) DEFINITIONS.—For purposes of this section— 

22 ‘‘(1) the right of workers to organize includes 

23 the right— 

24 ‘‘(A) to establish and join organizations of 

25 workers of their own choosing without previous 


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1 authorization, to write the constitutions and 

2 rules to govern those organizations, to elect or 

3 select the leadership of those organizations, and 

4 to determine the agendas and programs of 

5 those organizations; 

6 ‘‘(B) to join confederations of organiza7 tions of workers, and affiliate with international 

8 organizations of workers; and 

9 ‘‘(C) to be protected against dissolution or 

10 suspension of such organizations, confed11 erations, or affiliations by any governmental au12 thority; and 

13 ‘‘(2)(A) the term ‘free and independent labor 

14 union’ means a labor union that operates independ15 ently of any governmental authority or ruling party, 

16 is not required to join or be affiliated with a specific 

17 political party, and is allowed to strike (subject to an 

18 exception for employees providing essential services 

19 and a temporary exception during instances of acute 

20 national emergency); 

21 ‘‘(B) the term ‘acute national emergency’ 

22 means a crisis in which the normal conditions for 

23 the functioning of society are absent, such as in the 

24 case of a serious conflict, insurrection, or natural 

25 disaster; and 


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1 ‘‘(C) the term ‘essential services’ means those 

2 services that, if interrupted, would endanger the life, 

3 personal safety, or health of the whole or part of the 

4 population. 

5 ‘‘SEC. 443. RELATIONSHIP TO OTHER LAW. 

6 ‘‘The prohibitions in section 441 apply to a foreign 

7 country in addition to any other provision of law that oth8 erwise operates as a prohibition or limitation on trade re9 lations with the foreign country.’’. 

Æ 


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