I
103D CONGRESS
1ST SESSION
H. R. 3625
To renew and improve the operation of title V of the Trade Act of 1974
(relating to the Generalized System of Preferences).
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 22, 1993
Mr. BROWN of California introduced the following bill; which was referred to
the Committee on Ways and Means
A BILL
To renew and improve the operation of title V of the
Trade Act of 1974 (relating to the Generalized System
of Preferences).
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 ‘‘GSP Renewal and
Reform Act of 1993’’.
SEC. 2. AUTHORITY TO EXTEND PREFERENCES.
Section 501 of the Trade Act of 1974 (19 U.S.C.
2461) is amended—
(1) by striking out the matter preceding para-
graph (1) and inserting the following:
‘‘The United States Trade Representative may pro-
vide duty-free treatment for any eligible article from any
beneficiary developing country in accordance with the pro-
visions of this title. In designating any such articles, the
Trade Representative shall have due regard for—’’;
(2) by amending paragraph (1)—
(A) by inserting ‘‘sustainable’’ before ‘‘eco-
nomic development’’, and
(B) by adding ‘‘and improvement of living
standards of their peoples’’ before the period;
and
(3) by inserting ‘‘, including United States
workers,’’ after ‘‘United States producers’’ in para-
graph (3).
SEC. 3. BENEFICIARY DEVELOPING COUNTRIES.
Section 502 of the Trade Act of 1974 (19 U.S.C.
2462) is amended as follows:
(1) Subsection (a) is amended to read as fol-
lows:
‘‘(a) DESIGNATION BY PRESIDENT.—The President
may only issue an Executive order or Presidential procla-
mation designating a country as a beneficiary developing
country for purposes of this title after the Trade Rep-
resentative has certified to the President in writing that
such country meets all of the requirements for beneficiary
developing country status provided for in subsections (b)
and (c). Before the President designates any country as
a beneficiary developing country for purposes of this title,
the President shall—
‘‘(1) notify the Congress of the intention to
make such a designation; and
‘‘(2) submit to the Congress a copy of the cer-
tification of the Trade Representative.’’.
(2) Subsection (b) is amended—
(A) by inserting after ‘‘(b)’’ the following
‘‘COUNTRIES INELIGIBLE FOR DESIGNATION.—
’’;
(B) by striking out ‘‘Union of Soviet So-
cialist Republics’’ and inserting ‘‘Common-
wealth of Independent States member states’’;
(C) by inserting ‘‘, in violation of inter-
national law,’’ after ‘‘has’’ in each of subpara-
graphs (A), (B), and (C) of paragraph (4);
(D) by striking out ‘‘and’’ at the end of
paragraph (6);
(E) by striking out paragraph (7) and in-
serting the following:
‘‘(7) during any period in which a free trade
area agreement is in force between such country and
the United States; except that this paragraph shall
not apply until the 2nd anniversary of the date of
the enactment of this paragraph in the case of any
country with respect to which there is in force, on
such date of enactment, a free trade area agreement
between it and the United States;
‘‘(8) if such country fails to comply with inter-
nationally recognized worker rights; and
‘‘(9) if such country has not adopted laws to
provide effective natural resource protection and to
achieve effective pollution abatement and control
standards to protect the air, water, and land or has
adopted such laws but is not enforcing them.’’.
(F) by inserting before the period at the
end of the last sentence of each subsection the
following: ‘‘; except that such designation shall
not prevent any country’s removal from eligi-
bility under section 504 at any time after 1
year after the date of the President’s designa-
tion of the country as a beneficiary developing
country.
(3) Subsection (c) is amended—
(A) by inserting ‘‘FACTORS REQUIRED FOR
DESIGNATION AS A BENEFICIARY DEVELOPING
COUNTRY.—’’ after ‘‘(c)’’; and
(B) by amending paragraph (7) to read as
follows and adding paragraph (8):
‘‘(7) whether or not such country is in compli-
ance with internationally recognized worker rights;
and
‘‘(8) whether or not such country has adopted
and is enforcing laws to provide effective natural re-
source protection and to achieve effective pollution
abatement and control standards to protect the air,
water, and land.’’.
(4) Subsections (d) and (e) are repealed.
(5) The following new subsection is added after
subsection (c):
‘‘(d) DEFINITIONS.—For purposes of this title—
‘‘(1) The term ‘Trade Representative’ means
the United States Trade Representative.
‘‘(2) The term ‘country’ means any foreign
country, any overseas dependent territory or posses-
sion of a foreign country, or the Trust Territory of
the Pacific Islands, and includes any designated ex-
port processing zone or any other subdivision within
that country. In the case of an association of coun-
tries which is a free trade area or customs union, or
which is contributing to comprehensive regional eco-
nomic integration among its members through ap-