I
105TH CONGRESS
1ST SESSION
H. R. 2596
To amend the Trade Act of 1974 to establish procedures for identifying
countries that deny market access for agricultural products of the United
States.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 1, 1997
Mr. CAMP (for himself and Mr. GUTKNECHT) introduced the following bill;
which was referred to the Committee 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.
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 1997’’.
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 1995, agriculture was the largest positive
contributor to the United States merchandise trade
balance with a trade surplus of $25,800,000,000.
(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 is amended by adding at the
end the following:
‘‘(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) DEFINITIONS.—For purposes of this section, a
foreign country denies fair and equitable market access
if the foreign country effectively denies access to a market
for a product through the use of laws, procedures, prac-
tices, 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.’’.
(b) CLERICAL AMENDMENT.—The table of contents
for the Trade Act of 1974 is amended by inserting after
the item relating to section 182 the following:
‘‘Sec. 183. Identification of countries that deny market access for agricultural
products.’’.
SEC. 4. INVESTIGATIONS.
(a) INVESTIGATION REQUIRED.—Subparagraph (A)
of section 302(b)(2) of the Trade Act of 1974 (19 U.S.C.
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’’.
SEC. 5. AUTHORIZED ACTIONS BY UNITED STATES TRADE
REPRESENTATIVE.
Section 301(c)(1) of the Trade Act of 1974 (19
U.S.C. 2411(c)(1)) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(C);
(2) by striking the period at the end of sub-
paragraph (D)(iii)(II) and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(E) with respect to an investigation of a
country identified under section 183(a)(1), to
request that the Secretary of Agriculture (who,
upon receipt of such a request, shall) direct the
Food Safety and Inspection Service of the De-
partment of Agriculture to review certifications
for the facilities of such country that export
meat and other agricultural products to the
United States.’’.
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