I
103D CONGRESS
1ST SESSION
H. R. 1198
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 agree-
ments with the United States.
IN THE HOUSE OF REPRESENTATIVES
MARCH 3, 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 Representa-
tives 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 COMPLI-
ANCE.
‘‘(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 fail-
ure of a foreign country to comply materially with
the terms of a trade agreement.
‘‘(2) The term ‘trade agreement’ means any bi-
lateral trade agreement to which the United States
is a party.
‘‘(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 agree-
ment 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 pe-
riod occurs not less than 180 days after the last
occurring 30-day period referred to in subpara-
graph (A).
‘‘(3) The Trade Representative shall commence
a review under this section if the request—
‘‘(A) is in writing;
‘‘(B) includes information reasonably avail-
able 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 ef-
fect.
‘‘(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 para-
graph (1), the Trade Representative shall take into
account—
‘‘(A) the extent to which the foreign coun-
try has adhered to the commitments it made to
the United States;
‘‘(B) the extent to which that degree of ad-
herence has achieved the objectives of the
agreement; and
‘‘(C) any act, policy, or practice of the for-
eign country, or other relevant factor, that may
have contributed directly or indirectly to mate-
rial noncompliance with the terms of the agree-
ment.
The acts, policies, or practices referred to in sub-
paragraph (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 nec-
essary or
appropriate—
‘‘(A) consult with the Secretary of Com-
merce and the Secretary of Agriculture;
‘‘(B) seek the advice of the United States
International Trade Commission; and
‘‘(C) provide opportunity for the presen-
tation of views by the public.
‘‘(d) ACTION
AFTER
AFFIRMATIVE
DETERMINA-
TION.—
‘‘(1) If, on the basis of the review carried out
under subsection (c), the Trade Representative de-
termines 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 deter-
mination 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 per-
sons, including products for which a significant vol-
ume 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 Tar-
iffs 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.’’.
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