I 
108TH CONGRESS 
1ST SESSION H. R. 2579
To amend the Trade Act of 1974 to establish procedures for identifying 
countries that deny market access for agricultural products of the United 
States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 24, 2003
Mr. CAMP (for himself, Mr. POMEROY, Mr. GOODLATTE, Mr. BLUNT, Mr. 
MCINNIS, Mr. HOUGHTON, Mr. PETERSON of Minnesota, Mr. BOEHNER, 
Mr. HOLDEN, Mr. GUTKNECHT, Mr. UPTON, Mr. MORAN of Kansas, Mr. 
JANKLOW, Mr. ROSS, Mr. REHBERG, Mrs. MILLER of Michigan, Mr. 
MANZULLO, Mr. BEREUTER, Mr. BURNS, Mr. HOEKSTRA, Mr. ROGERS 
of Michigan, Mr. GRAVES, Mr. NUNES, Mr. SCOTT of Georgia, Mr. KING 
of Iowa, Mr. CASE, Mr. MCHUGH, Mr. HAYES, Mr. OSE, Mr. POMBO, 
Mr. SHIMKUS, Mr. SMITH of Michigan, Mr. LEWIS of Kentucky, and Mr. 
RAMSTAD) introduced the following bill; which was referred to the Com-
mittee on Ways and Means 
A BILL 
To amend the Trade Act of 1974 to establish procedures 
for identifying countries that deny market access for 
agricultural products of the United States, and for other 
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘United States Agricul-
tural Products Market Access Act of 2003’’. 
SEC. 2. FINDINGS; PURPOSES. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The export of agricultural products is of 
vital importance to the economy of the United 
States. 
(2) In 2002, agriculture was a large positive 
contributor to the United States merchandise trade 
balance with a trade surplus of $12,300,000,000. 
(3) The growth of United States agricultural 
exports should continue to be an important factor in 
improving the United States merchandise trade bal-
ance. 
(4) Increasing the volume of agricultural ex-
ports will increase farm income in the United States, 
thereby protecting family farms and contributing to 
the economic well-being of rural communities in the 
United States. 
(5) Although the United States efficiently pro-
duces high-quality agricultural products, United 
States producers cannot realize their full export po-
tential because many foreign countries deny fair and
equitable market access to United States agricul-
tural products. 
(6) The Foreign Agricultural Service estimates 
that United States agricultural exports are reduced 
by $4,700,000,000 annually due to unjustifiable im-
position of sanitary and phytosanitary measures that 
deny or limit market access to United States prod-
ucts. 
(7) The denial of fair and equitable market ac-
cess for United States agricultural products impedes 
the ability of United States farmers to export their 
products, thereby harming the economic interests of 
the United States. 
(b) PURPOSES.—The purposes of this Act are—
(1) to reduce or eliminate foreign unfair trade 
practices and to remove constraints on fair and open 
trade in agricultural products; 
(2) to ensure fair and equitable market access 
for exports of United States agricultural products; 
and 
(3) to promote free and fair trade in agricul-
tural products.
SEC. 3. IDENTIFICATION OF COUNTRIES THAT DENY MAR-
KET ACCESS. 
(a) IDENTIFICATION REQUIRED.—Chapter 8 of title 
I of the Trade Act of 1974 (19 U.S.C. 2241 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 183. IDENTIFICATION OF COUNTRIES THAT DENY 
MARKET ACCESS FOR AGRICULTURAL PROD-
UCTS. 
‘‘(a) IN GENERAL.—Not later than the date that is 
30 days after the date on which the annual report is re-
quired to be submitted to Congressional committees under 
section 181(b), the United States Trade Representative 
(in this section referred to as the ‘Trade Representative’) 
shall identify—
‘‘(1) those foreign countries that—
‘‘(A) deny fair and equitable market access 
to United States agricultural products, or 
‘‘(B) apply standards for the importation 
of agricultural products from the United States 
that are not related to public health concerns or 
cannot be substantiated by reliable analytical 
methods, and 
‘‘(2) those foreign countries identified under 
paragraph (1) that are determined by the Trade 
Representative to be priority foreign countries. 
‘‘(b) SPECIAL RULES FOR IDENTIFICATIONS.—
‘‘(1) CRITERIA.—In identifying priority foreign 
countries under subsection (a)(2), the Trade Rep-
resentative shall only identify those foreign coun-
tries—
‘‘(A) that engage in or have the most oner-
ous or egregious acts, policies, or practices that 
deny fair and equitable market access to United 
States agricultural products, 
‘‘(B) whose acts, policies, or practices de-
scribed in subparagraph (A) have the greatest 
adverse impact (actual or potential) on the rel-
evant United States products, and 
‘‘(C) that are not—
‘‘(i) entering into good faith negotia-
tions, or 
‘‘(ii) making significant progress in 
bilateral or multilateral negotiations, 
to provide fair and equitable market access to 
United States agricultural products. 
‘‘(2) CONSULTATION AND CONSIDERATION RE-
QUIREMENTS.—In identifying priority foreign coun-
tries under subsection (a)(2), the Trade Representa-
tive shall—
‘‘(A) consult with the Secretary of Agri-
culture and other appropriate officers of the 
Federal Government, and 
‘‘(B) take into account information from 
such sources as may be available to the Trade 
Representative and such information as may be 
submitted to the Trade Representative by inter-
ested persons, including information contained 
in reports submitted under section 181(b) and 
petitions submitted under section 302. 
‘‘(3) FACTUAL
BASIS
REQUIREMENT.—The 
Trade Representative may identify a foreign country 
under subsection (a)(1) only if the Trade Represent-
ative finds that there is a factual basis for the denial 
of fair and equitable market access as a result of the 
violation of international law or agreement, or the 
existence of barriers, referred to in subsection (d). 
‘‘(4) CONSIDERATION
OF
HISTORICAL
FAC-
TORS.—In identifying foreign countries under para-
graphs (1) and (2) of subsection (a), the Trade Rep-
resentative shall take into account—
‘‘(A) the history of agricultural trade rela-
tions with the foreign country, including any 
previous identification under subsection (a)(2), 
and
‘‘(B) the history of efforts of the United 
States, and the response of the foreign country, 
to achieve fair and equitable market access for 
United States agricultural products. 
‘‘(c) REVOCATIONS AND ADDITIONAL IDENTIFICA-
TIONS.—
‘‘(1) AUTHORITY TO ACT AT ANY TIME.—If in-
formation available to the Trade Representative indi-
cates that such action is appropriate, the Trade 
Representative may at any time—
‘‘(A) revoke the identification of any for-
eign country as a priority foreign country under 
this section, or 
‘‘(B) identify any foreign country as a pri-
ority foreign country under this section. 
‘‘(2) REVOCATION REPORTS.—The Trade Rep-
resentative shall include in the semiannual report 
submitted to the Congress under section 309(3) a 
detailed explanation of the reasons for the revocation 
under paragraph (1) of the identification of any for-
eign country as a priority foreign country under this 
section. 
‘‘(d) DENIAL OF FAIR AND EQUITABLE MARKET AC-
CESS DEFINED.—For purposes of this section, a foreign 
country denies fair and equitable market access if the for-
eign country effectively denies access to a market for a 
product through the use of laws, procedures, practices, or 
regulations which—
‘‘(1) violate provisions of international law or 
international agreements to which both the United 
States and the foreign country are parties, or 
‘‘(2) constitute discriminatory nontariff trade 
barriers. 
‘‘(e) PUBLICATION.—The Trade Representative shall 
publish in the Federal Register a list of foreign countries 
identified under subsection (a) and shall make such revi-
sions to the list as may be required by reason of the action 
under subsection (c). 
‘‘(f) ANNUAL REPORT.—The Trade Representative 
shall, not later than the date by which countries are identi-
fied under subsection (a), transmit to the Committee on 
Ways and Means and the Committee on Agriculture of the 
House of Representatives and the Committee on Finance 
and the Committee on Agriculture, Nutrition, and For-
estry of the Senate, a report on the actions taken under 
this section during the 12 months preceding such report, 
and the reasons for such actions, including a description 
of progress made in achieving fair and equitable market 
access for United States agricultural products.’’.
2412(b)(2)) is amended by inserting ‘‘or 183(a)(2)’’ after 
‘‘section 182(a)(2)’’ in the matter preceding clause (i). 
(b) CONFORMING AMENDMENT.—Subparagraph (D) 
of section 302(b)(2) of such Act is amended by inserting 
‘‘concerning intellectual property rights that is’’ after 
‘‘any investigation’’.
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