I 
112TH CONGRESS 
2D SESSION 
H. R. 6538 
To establish trade negotiating objectives with respect to the application of 
sanitary and phytosanitary measures to agricultural products, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 21, 2012 
Mr. NUNES introduced the following bill; which was referred to the Committee 
on Ways and Means 
A BILL 
To establish trade negotiating objectives with respect to the 
application of sanitary and phytosanitary measures to 
agricultural products, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
TITLE I—AGRICULTURAL TRADE 
FACILITATION 
SECTION 101. SHORT TITLE. 
This title may be cited as the ‘‘Agricultural Trade 
Facilitation Act’’. 
SEC. 102. CONGRESSIONAL FINDINGS. 
Congress finds the following: 
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(1) Pursuant to article I, section 8, clause 3 of 
the Constitution of the United States, Congress has 
the authority to establish negotiating objectives for 
the United States for agreements related to agricul-
tural trade. 
(2) From 2008 to 2010, the value of United 
States agricultural exports averaged nearly $107 bil-
lion annually. Compared to 1998 to 2000, when the 
total 
value 
of 
agricultural 
exports 
averaged 
$51,000,000,000 annually, United States agricul-
tural exports have more than doubled in past ten 
years. 
(3) The Department of Agriculture’s Economic 
Research Service reports that each $1,000,000,000 
in United States agricultural exports supports ap-
proximately 8,400 jobs. The Economic Research 
Service further reports that United States agricul-
tural exports supported nearly 830,000 full-time 
American jobs both on and off-farm in 2009. 
(4) Even as the importance of agricultural ex-
ports to the United States economy grows, there are 
continued reports that non science-based sanitary 
and phytosanitary measures are restricting trade, 
acting as non-tariff barriers to trade. The elimi-
nation and reduction of unwarranted sanitary and 
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nizes the rights of each country to take their own 
measures, they must be science-based and applied 
only to the extent necessary to protect human, ani-
mal or plant health, and cannot be arbitrary or used 
to unjustifiably discriminate domestically or between 
trading partners. Member countries are also encour-
aged to observe established and recognized inter-
national standards. Improper use of measures can 
create substantial, if not complete, barriers to 
United States exports when they are disguised bar-
riers to trade, are not supported by science, or are 
otherwise unwarranted. 
(8) In 2010, a United States interagency group 
led by the Department of Agriculture’s Foreign Ag-
ricultural Service, reviewed more than 1,000 notifi-
cations from 50 countries as required under the 
Agreement on the Application of Sanitary and 
Phytosanitary Measures. The United States Govern-
ment commented on 173 proposed or in-force sani-
tary and phytosanitary measures. Nearly one-half of 
the comments were measures regarding processed 
products, one-third addressed requirements for live 
animals and fish (and their products, including dairy 
products); and almost one-quarter were for measures 
that introduced new standards or entry requirements 
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for plants, bulk commodities (including those made 
with biotechnology), and horticultural products. 
(9) Each year, the United States Trade Rep-
resentative reports that non science-based sanitary 
and phytosanitary trade barriers continue to threat-
en, constrain, or block United States agricultural ex-
ports. 
(10) A Department of Agriculture study of the 
impact of foreign technical trade barriers on United 
States agricultural exports reported the presence of 
‘‘questionable technical barriers’’ in more than 60 
countries affecting trade in more than 300 agricul-
tural products, valued at an estimated $5 billion of 
United States agricultural, forestry, and fishery ex-
ports using 1996 data, accounting for about 7 per-
cent of total agricultural exports during that year. 
Although more recent formal estimates of United 
States agricultural trade effects are not available, 
the United States Trade Representative continues to 
assert: ‘‘[Sanitary and phytosanitary] trade barriers 
prevent U.S. producers from shipping hundreds of 
millions of dollars worth of goods, hurting farms and 
small businesses’’. 
(11) The improper use of sanitary and 
phytosanitary trade barriers to trade can be reduced 
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through achieving and implementing agreements 
that provide for enhanced harmonization, trans-
parency, equivalency, improved regulatory practices, 
and more efficient and effective dispute settlement. 
The elimination and reduction in use of such bar-
riers to trade will strengthen the international trad-
ing system by providing certainty, predictability, and 
fair treatment. 
(12) The Agreement on the Application of Sani-
tary and Phytosanitary Measures has proven valu-
able to United States exporters, but experience has 
exposed certain inadequacies in its rules. 
(13) Accordingly, as the United States prepares 
for future trade agreements, the Administration 
must prioritize further strengthening of rules on 
sanitary and phytosanitary measures. 
SEC. 103. TRADE NEGOTIATING OBJECTIVES OF THE 
UNITED STATES WITH RESPECT TO THE AP-
PLICATION 
OF 
SANITARY 
AND 
PHYTOSANITARY MEASURES TO AGRICUL-
TURAL PRODUCTS. 
(a) OVERALL TRADE NEGOTIATING OBJECTIVES.— 
The overall trade negotiating objective of the United 
States with respect to the application of sanitary and 
phytosanitary measures to agricultural products for trade 
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agreements between the United States and foreign coun-
tries is to secure more open, equitable, and reciprocal mar-
ket access by strengthening the rules governing the appli-
cation of sanitary and phytosanitary measures to agricul-
tural products. 
(b) PRINCIPAL TRADE NEGOTIATING OBJECTIVES.— 
The principal trade negotiating objectives of the United 
States with respect to the application of sanitary and 
phytosanitary measures to agricultural products are the 
following: 
(1) To strengthen the requirement that the ap-
plication of measures is based on scientific evidence 
by requiring parties to the agreement to make avail-
able their risk assessments and provide a science- 
based justification for regulations, in particular in 
cases in which measures are more restrictive than 
international standards. 
(2) To encourage parties to the agreement to 
participate actively in the development of inter-
national standards relating to the application of 
measures and to apply those standards whenever it 
is appropriate to do so and to require parties to pro-
vide a scientific justification whenever they apply a 
standard that deviates from an established inter-
national standard. 
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(3) To improve regulatory coherence and in-
crease the use of systems-based approaches, to re-
quire parties to the agreement to evaluate on a time-
ly basis the health and safety protection systems of 
other parties and to allow imports of products if the 
system of the exporting party meets or exceeds the 
end-product standards of the importing party. 
(4) To require greater transparency in the de-
velopment and implementation of the measures, to 
require parties to the agreement to publish proposed 
measures, including a scientific justification, to pro-
vide an opportunity for interested parties to com-
ment on the proposal, and to take into account rea-
sonable concerns, and to require parties to provide 
significant advance notice before implementing new, 
non-emergency measures in order to provide ample 
time for any necessary adjustments by industry in 
order to come into compliance. 
(5) To require parties to the agreement to carry 
out risk analysis in a timely manner consistent with 
the guidelines developed by relevant international or-
ganizations, to ensure that risk assessments are 
based on the most relevant scientific data, to require 
parties to consider the full range of risk manage-
ment options and to ensure that the measures are 
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no more trade-restrictive than necessary to meet the 
intended purpose, and to require effective risk com-
munication. 
(6) To improve rules governing the testing of 
imported products, to require importing parties to 
use validated test methods and to provide importers 
with the right to a confirmatory test, and to provide 
the right of appeal. 
(7) To promote the harmonization of export 
certification requirements and to require that parties 
to the agreement limit information requirements on 
export documents to that which is necessary to de-
termine whether a product meets sanitary and 
phytosanitary standards. 
(8) 
To 
ensure 
that 
new 
sanitary 
and 
phytosanitary trade obligations are fully enforceable 
through an a more efficient and effective dispute 
settlement process. 
SEC. 104. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), this title takes effect on the date of the enactment 
of this Act and applies with respect to negotiations entered 
into before, on, or after such date of enactment for any 
trade agreement relating to the application of sanitary and 
phytosanitary measures to agricultural products. 
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(b) EXCEPTION.—This title does not apply with re-
spect to negotiations for any of the following: 
(1) The United States–Colombia Trade Pro-
motion Agreement. 
(2) The United States–Korea Free Trade 
Agreement. 
(3) The United States–Panama Trade Pro-
motion Agreement. 
(4) The Doha Development Round of the World 
Trade Organization. 
TITLE II—GENERALIZED SYSTEM 
OF PREFERENCES IMPROVE-
MENT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Generalized System 
of Preferences Improvement Act’’. 
SEC. 202. DESIGNATION OF BENEFICIARY DEVELOPING 
COUNTRIES. 
Section 502 of the Trade Act of 1974 (19 U.S.C. 
2462) is amended— 
(1) in subsection (b)(2)— 
(A) in subparagraph (C)— 
(i) by striking ‘‘(C)’’ and inserting 
‘‘(C)(i)’’; and 
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(ii) by adding at the end the fol-
lowing: 
‘‘(ii) Such country enters into an agree-
ment to afford preferential treatment to the 
products of a developed country, other than the 
United States, unless the President determines 
and certifies to Congress that it is in the na-
tional interests of the United States to des-
ignate such country as a beneficiary developing 
country under this title.’’; 
(B) by inserting after subparagraph (H) 
the following: 
‘‘(I) Such country improperly uses sanitary 
and phytosanitary measures, technical barriers 
to trade, or other non-tariff trade barriers 
through a sustained or recurring course of ac-
tion or inaction, in a manner negatively affect-
ing trade between the country and the United 
States.’’; and 
(C) in the matter following subparagraph 
(I) (as added by subparagraph (B) of this para-
graph), by striking ‘‘and (H)’’ and inserting 
‘‘(H), and (I)’’; and 
(2) in subsection (c)— 
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(A) in paragraph (6), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (7), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(8) whether or not and the extent to which 
such country, in accordance with its capacity, adopts 
and follows international sanitary or phytosanitary 
standards and provides scientific justifications for 
deviations from such standards.’’. 
SEC. 203. REVIEW AND REPORT TO CONGRESS. 
Section 504 of the Trade Act of 1974 (19 U.S.C. 
2464) is amended— 
(1) in the section heading, by striking ‘‘RE-
PORT’’ and inserting ‘‘REPORTS’’; 
(2) by striking ‘‘The President’’ and inserting 
‘‘(a) REPORT
ON WORKER RIGHTS
AND CHILD 
LABOR.—The President’’; and 
(3) by adding at the end the following: 
‘‘(b) REPORT ON MARKET ACCESS.— 
‘‘(1) IN GENERAL.—The President shall submit 
an annual report to the Congress on the status of 
market access within each covered beneficiary devel-
oping country, including findings with respect to 
whether or not the beneficiary country, in accord-
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ance with its capacity, has adopted and followed 
international sanitary and phytosanitary standards 
and provides scientific justifications for deviations 
from such standards. The report shall also include 
findings as to whether or not each covered bene-
ficiary developing country has improperly used sani-
tary and phytosanitary measures, technical barriers 
to trade, and other non-tariff trade barriers. 
‘‘(2) 
COVERED
BENEFICIARY
DEVELOPING 
COUNTRY.—In paragraph (1), the term ‘covered ben-
eficiary developing country ’ means a beneficiary de-
veloping country that is one of the top 20 bene-
ficiary developing countries in terms of dollar value 
of duty-free imports of articles under this title as 
identified on an annual basis by the United States 
International Trade Commission.’’. 
TITLE 
III—UNITED 
STATES- 
BRAZIL JOINT COMMISSION 
ON COMMERCE AND TRADE 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘United States-Brazil 
Joint Commission on Commerce and Trade Act’’. 
SEC. 302. PURPOSE. 
The purpose of this title is to establish the United 
States-Brazil Joint Commission on Commerce and Trade 
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to address bilateral trade matters, seek removal of trade 
barriers, and promote commercial opportunities, between 
the United States and Brazil. 
SEC. 303. UNITED STATES-BRAZIL JOINT COMMISSION ON 
COMMERCE AND TRADE. 
(a) ESTABLISHMENT
OF UNITED STATES-BRAZIL 
JOINT COMMISSION ON COMMERCE AND TRADE.— 
(1) IN GENERAL.—There is established a com-
mission to be known as the United States-Brazil 
Joint Commission on Commerce and Trade (in this 
section referred to as the ‘‘Commission’’). 
(2) PURPOSE.—The purpose of the Commission 
is to improve the bilateral trade and economic rela-
tionship between the United States and Brazil by es-
tablishing high level reviews of barriers to trade be-
tween the two countries, to promote commercial op-
portunities between the United States and Brazil, 
and to facilitate the dialogue necessary to examine 
the mutual benefits of free trade. 
(3) MEMBERSHIP OF COMMISSION.— 
(A) COMPOSITION.—The Commission shall 
be composed of 16 members. The composition 
of the Commission shall be divided equally be-
tween the United States Government and the 
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Republic of Brazil. United States Commis-
sioners shall be appointed as follows: 
(i) Two persons shall be appointed by 
the President pro tempore of the Senate 
upon the recommendation of the majority 
leader of the Senate, after consultation 
with the Chairman of the Committee on 
Finance and the Chairman of the Com-
mittee on Foreign Relations of the Senate. 
(ii) Two persons shall be appointed by 
the President pro tempore of the Senate 
upon the recommendation of the minority 
leader of the Senate, after consultation 
with the ranking minority member of the 
Committee on Finance and the ranking mi-
nority member of the Committee on For-
eign Relations of the Senate. 
(iii) Two persons shall be appointed 
by the Speaker of the House of Represent-
atives, after consultation with the Chair-
man of the Committee on Ways and Means 
and the Chairman of the Committee on 
Foreign Affairs of the House of Represent-
atives. 
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(iv) Two persons shall be appointed 
by the minority leader of the House of 
Representatives, after consultation with 
the ranking minority member of the Com-
mittee on Ways and Means and the rank-
ing minority member of the Committee on 
Foreign Affairs of the House of Represent-
atives. 
(B) 
QUALIFICATIONS.—Individuals 
ap-
pointed to the Commission shall be individuals 
who have expertise in international trade mat-
ters and United States-Brazil relations. 
(4) PERIOD OF APPOINTMENT; VACANCIES.— 
(A) IN GENERAL.—Members of the Com-
mission shall be appointed to 2-year terms. 
(B) STAGGERING
OF
TERMS.—Each ap-
pointing authority referred to under clauses (i) 
through (iv) of paragraph (3)(A) shall— 
(i) make the appointments on a stag-
gered term basis, so that of the members 
initially appointed— 
(I) 1 of the 2 appointments shall 
be for a term expiring on December 
31, 2014; and 
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(II) the other appointment shall 
be for a term expiring on December 
31, 2015; and 
(ii) make the appointments not later 
than 30 days after the date on which each 
new Congress convenes. 
(C) REAPPOINTMENT.—Members of the 
Commission may be reappointed for additional 
terms of service as members of the Commission. 
(D) VACANCIES.—Any vacancy in the 
Commission shall not affect its powers, but 
shall be filled in the same manner as the origi-
nal appointment. 
(5) CHAIRMEN.—The members of the Commis-
sion shall select co-Chairmen, one from the United 
States and one from Brazil. 
(6) MEETINGS.—The Commission shall meet at 
the call of the Chairmen. 
(A) INITIAL MEETING.—Not later than 30 
days after the date on which all members of the 
Commission have been appointed, the Commis-
sion shall hold its first meeting. 
(B) SUBSEQUENT MEETINGS.—The Com-
mission shall meet at the call of the Chairmen 
of the Commission, with the responsibility of 
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chairing proceedings alternating between the 
United States and Brazil. 
(C) QUORUM.—A majority of the members 
of the Commission shall constitute a quorum 
for the transaction of business of the Commis-
sion. 
(7) VOTING.—Each member of the Commission 
shall be entitled to one vote, which shall be equal to 
the vote of every other member of the Commission. 
(b) DUTIES.—Not later than December 1 of each 
year (beginning in 2014), the Commission shall submit to 
the United States Congress and the National Congress of 
Brazil a report regarding the status and economic impact 
of trade relations between the United States and Brazil. 
The report shall include a full analysis, along with conclu-
sions and recommendations for legislative and administra-
tive actions, if any, concerning barriers to trade and the 
enhancement of economic ties. 
(c) HEARINGS.— 
(1) IN GENERAL.—The Commission or, at its 
direction, any panel or member of the Commission, 
may for the purpose of carrying out the provisions 
of this section, hold hearings, sit and act at times 
and places, take testimony, receive evidence, and ad-
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minister oaths to the extent that the Commission or 
such panel or member considers advisable. 
(2) INFORMATION.—The Commission may se-
cure directly from any Federal department or agency 
information that the Commission considers nec-
essary to enable the Commission to carry out its du-
ties under this section, unless that information is 
deemed to contain sensitive national intelligence in-
formation or is otherwise subject to rules concerning 
state secrets. 
(d) COMMISSION PERSONNEL MATTERS.— 
(1) COMPENSATION
OF
MEMBERS.—United 
States Members of the Commission shall be com-
pensated in the same manner provided for the com-
pensation of members of the Trade Deficit Review 
Commission under subsections (g)(1) and (g)(6) of 
section 127 of the Trade Deficit Review Commission 
Act (19 U.S.C. 2213 note). 
(2) TRAVEL
EXPENSES.—Travel expenses of 
the United States Commissioners shall be allowed in 
the same manner provided for the allowance of the 
travel expenses of the Trade Deficit Review Commis-
sion under section 127(g)(2) of the Trade Deficit 
Review Commission Act. 
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(3) STAFF.—An executive director and other 
additional personnel for the Commission shall be ap-
pointed, compensated, and terminated in the same 
manner provided for the appointment, compensation, 
and termination of the executive director and other 
personnel of the Trade Deficit Review Commission 
under section 127(g)(3) and section 127(g)(6) of the 
Trade Deficit Review Commission Act. The executive 
director and any personnel who are employees of the 
United States-Brazil Joint Commission on Com-
merce and Trade shall be employees under section 
2105 of title 5, United States Code, for purposes of 
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that 
title. 
(4) DETAIL
OF
GOVERNMENT
EMPLOYEES.— 
Federal Government employees may be detailed to 
the Commission in the same manner provided for 
the detail of Federal Government employees to the 
Trade Deficit Review Commission under section 
127(g)(4) of the Trade Deficit Review Commission 
Act. 
(5) ASSIGNMENT OF PERSONNEL BY THE GOV-
ERNMENT OF BRAZIL.—The Commission shall work 
with the Government of Brazil to secure the appro-
priate expertise to carry out its work, including 
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through the assignment to the Commission of staff 
officials selected by the Government of Brazil and 
the temporary or ongoing employment of Brazilian 
nationals. 
(6) FOREIGN
TRAVEL
FOR
OFFICIAL
PUR-
POSES.—Foreign travel for official purposes by Com-
missioners to and from official proceedings may be 
authorized by the Chairmen of the Commission. 
Travel by the staff of the Commission for official 
purposes may be authorized by the Chairmen of the 
Commission only when necessary to carry out essen-
tial activities that could not otherwise be conducted 
using alternative means. 
(7) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT SERVICES.—The Chairmen of the Commis-
sion may procure temporary and intermittent serv-
ices for the Commission in the same manner pro-
vided for the procurement of temporary and inter-
mittent services for the Trade Deficit Review Com-
mission under section 127(g)(5) of the Trade Deficit 
Review Commission Act. 
(8) PRIVATELY FUNDED TRAVEL.—The Chair-
men of the Commission may authorize privately 
funded travel by members and staff of the Commis-
sion for activities related to the duties of the Com-
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mission. The Commission shall disclose to the public, 
not later than 60 days after the privately funded 
travel occurs, the source of the funding, together 
with the itinerary of the activities of members and 
staff of the Commission participating in the pri-
vately funded travel. 
(e) ASSISTANCE
IN
PERFORMING
DUTIES.—The 
President of the United States shall provide for the trans-
fer to the Commission of such staff, materials, and infra-
structure (including leased premises) of Federal depart-
ments and agencies as the President considers necessary 
to assist the Commission in carrying out its duties. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be 
appropriated to the Commission for fiscal year 2013, 
and for each fiscal year thereafter, such sums as 
may be necessary to enable the Commission to carry 
out its duties under this section. 
(2) AVAILABILITY.—Amounts appropriated to 
the Commission pursuant to this subsection shall re-
main available until expended. 
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TITLE IV—NEGOTIATIONS WITH 
EUROPEAN UNION 
SEC. 401. SHORT TITLE. 
This title may be referred to as the ‘‘Transatlantic 
Commerce and Trade Enhancement Act’’. 
SEC. 402. TRADE AGREEMENT AUTHORITY WITH RESPECT 
TO THE EUROPEAN UNION. 
(a) AUTHORITY.—Subject to subsection (b), the 
President is authorized to seek to conduct negotiations 
with the European Union for purposes of entering into 
a trade agreement with the European Union to reduce ex-
isting duties or other import restrictions of the European 
Union or the United States that are unduly burdening and 
restricting the foreign trade of the United States. 
(b) CONGRESSIONAL NOTIFICATION AND CONSULTA-
TION.—The exercise of the authority of subsection (a) 
shall be subject to all applicable congressional notification 
and consultation requirements provided for under any 
other provision of law. 
Æ 
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