H.R.1560 - Open Markets and Fair Trade Act of 1995104th Congress (1995-1996)
|Sponsor:||Rep. Gephardt, Richard A. [D-MO-3] (Introduced 05/03/1995)|
|Committees:||House - Rules; Ways and Means|
|Latest Action:||House - 09/05/1995 Referred to the Subcommittee on Rules and Organization of the House. (All Actions)|
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Text: H.R.1560 — 104th Congress (1995-1996)All Information (Except Text)
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Introduced in House (05/03/1995)
[Congressional Bills 104th Congress] [From the U.S. Government Printing Office] [H.R. 1560 Introduced in House (IH)] 1st Session H. R. 1560 To expand United States exports of goods and services by requiring the development of objective criteria to achieve market access in foreign countries, to provide the President with reciprocal trade authority, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 3, 1995 Mr. Gephardt (for himself, Mr. Bonior, Mr. Fazio of California, Mrs. Kennelly, Mr. Matsui, Mr. Dingell, Mr. Levin, Mr. Mineta, Ms. Kaptur, Mr. Hoyer, Mr. Miller of California, Mrs. Collins of Illinois, Mr. Cardin, Mr. LaFalce, Mr. Brown of Ohio, Mr. Clyburn, Ms. Danner, Ms. DeLauro, Mr. Deutsch, Mr. Evans, Mr. Filner, Mr. Frank of Massachusetts, Mr. Frazer, Mr. Gonzalez, Mr. Hinchey, Mr. Jacobs, Ms. Eddie Bernice Johnson of Texas, Mr. Kildee, Mr. Klink, Mr. Lipinski, Mrs. Meek of Florida, Mr. Neal of Massachusetts, Mr. Rahall, Mr. Romero-Barcelo, Mr. Sanders, Mr. Stupak, Mr. Spratt, Mr. Kleczka, and Ms. Jackson-Lee) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To expand United States exports of goods and services by requiring the development of objective criteria to achieve market access in foreign countries, to provide the President with reciprocal trade authority, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Markets and Fair Trade Act of 1995''. SEC. 2. REPORTS ON MARKET ACCESS. (a) Annual Reports.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Congress a report with respect to those countries selected by the Secretary in which goods or services produced or originating in the United States, that would otherwise be competitive in those countries, do not have market access. Each report shall contain the following with respect to each such country: (1) Assessment of potential market access.--An assessment of the opportunities that would, but for the lack of market access, be available in the market in that country, for goods and services produced or originating in the United States in those sectors selected by the Secretary. In making such assessment, the Secretary shall consider the competitive position of such goods and services in similarly developed markets in other countries. Such assessment shall specify the time periods within which such market access opportunities should reasonably be expected to be obtained. (2) Criteria for measuring market access.--Objective criteria for measuring the extent to which those market access opportunities described in paragraph (1) have been obtained. The development of such objective criteria may include the use of interim objective criteria to measure results on a periodic basis, as appropriate. (3) Compliance with trade agreements.--An assessment of whether, and to what extent, the country concerned has materially complied with-- (A) agreements and understandings reached between the United States and that country pursuant to section 3, and (B) existing trade agreements between the United States and that country. Such assessment shall include specific information on the extent to which United States suppliers have achieved additional access to the market in the country concerned and the extent to which that country has complied with other commitments under such agreements and understandings. (b) Selection of Countries and Sectors.-- (1) In general.--In selecting countries and sectors that are to be the subject of a report under subsection (a), the Secretary shall give priority to-- (A) any country with which the United States has a trade deficit if access to the markets in that country is likely to have significant potential to increase exports of United States goods and services; and (B) any country, and sectors therein, in which access to the markets will result in significant employment benefits for producers of United States goods and services. The Secretary shall also give priority to sectors which represent critical technologies, including those identified by the National Critical Technologies Panel under section 603 of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6683). (2) First report.--The first report submitted under subsection (a) shall include those countries with which the United States has a substantial portion of its trade deficit. (3) Trade surplus countries.--The Secretary may include in reports after the first report such countries as the Secretary considers appropriate with which the United States has a trade surplus but which are otherwise described in subsection (a) and paragraph (1) of this subsection. (c) Other Sectors.--The Secretary shall include an assessment under subsection (a) of any country or sector for which the Trade Representative requests such assessment be made. In preparing any such request, the Trade Representative shall give priority to those barriers identified in the reports required by section 181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)). (d) Information on Access by Foreign Suppliers.--The Secretary shall consult with the governments of foreign countries concerning access to the markets of any other country of goods and services produced or originating in those countries. At the request of the government of any such country so consulted, the Secretary may include in the reports required by subsection (a) information, with respect to that country, on such access. SEC. 3. NEGOTIATIONS TO ACHIEVE MARKET ACCESS. (a) Negotiating Authority.--The President is authorized to enter into agreements or other understandings with the government of any country for the purpose of obtaining the market access opportunities described in the reports of the Secretary under section 2. (b) Determination of Priority of Negotiations.--Upon the submission by the Secretary of each report under section 2, the Trade Representative shall determine-- (1) for which countries and sectors identified in the report the Trade Representative will pursue negotiations, during the 6-month period following submission of the report, for the purpose of concluding agreements or other understandings described in subsection (a), and the timeframe for pursuing negotiations on any other country or sector identified in the report; and (2) for which countries and sectors identified in any previous report of the Secretary under section 2 the Trade Representative will pursue negotiations, during the 6-month period described in paragraph (1), in cases in which-- (A) negotiations were not previously pursued by the Trade Representative, or (B) negotiations that were pursued by the Trade Representative did not result in the conclusion of an agreement or understanding described in subsection (a) during the preceding 6-month period, but are expected to result in such an agreement or understanding during the 6-month period described in paragraph (1). For purposes of this Act, negotiations by the Trade Representative with respect to a particular sector shall be for a period of not more than 12 months. (c) Semiannual Reports.--At the end of the 6-month period beginning on the date on which the Secretary's first report is submitted under section 2(a), and every 6 months thereafter, the Trade Representative shall submit to the Congress a report containing the following: (1) Report where negotiations pursued in previous 6-month period.--With respect to each country and sector on which negotiations described in subsection (b) were pursued during that 6-month period-- (A) a determination of whether such negotiations have resulted in the conclusion of an agreement or understanding intended to obtain the market access opportunities described in the most recent applicable report of the Secretary, and if not-- (i) whether such negotiations are continuing because they are expected to result in such an agreement or understanding during the succeeding 6-month period; or (ii) whether such negotiations have terminated; (B) in the case of a positive determination made under subparagraph (A)(i) in the preceding report submitted under this subsection, a determination of whether the continuing negotiations have resulted in the conclusion of an agreement or understanding described in subparagraph (A) during that 6-month period. (2) Report where negotiations not pursued.--With respect to each country and sector on which negotiations described in subsection (b) were not pursued during that 6-month period, a determination of when such negotiations will be pursued. SEC. 4. MONITORING OF AGREEMENTS AND UNDERSTANDINGS. (a) In General.--For the purpose of making the assessments required by section 2(a)(3), the Secretary shall monitor the compliance with each agreement or understanding reached between the United States and any country pursuant to section 3, and with each existing trade agreement between the United States and any country that is the subject of a report under section 2(a). In making each such assessment, the Secretary shall describe-- (1) the extent to which market access for the country and sectors covered by the agreement or understanding has been achieved; and (2) the bilateral trade relationship with that country in that sector. In the case of agreements or understandings reached pursuant to section 3, the description under paragraph (1) shall be done on the basis of the objective criteria set forth in the applicable report under section 2(a)(2). (b) Treatment of Agreements and Understandings.--Any agreement or understanding reached pursuant to negotiations conducted under this Act, and each existing trade agreement between the United States and a country that is the subject of a report under section 2(a), shall be considered to be a trade agreement for purposes of section 301 of the Trade Act of 1974. SEC. 5. TRIGGERING OF SECTION 301 ACTIONS. (a) Failure To Conclude Agreements.--In any case in which the Trade Representative determines under section 3(c)(1) (A)(ii) or (B) that negotiations have not resulted in the conclusion of an agreement or understanding described in section 3(a), each restriction on, or barrier or impediment to, access to the markets of the country concerned that was the subject of such negotiations shall, for purposes of title III of the Trade Act of 1974, be considered to be an act, policy, or practice determined under section 304 of that Act to be an act, policy, or practice that is unreasonable and discriminatory and burdens or restricts United States commerce. The Trade Representative shall determine what action to take under section 301(b) of that Act in response to such act, policy, or practice. (b) Noncompliance With Agreements or Understandings.--In any case in which the Secretary determines, in a report submitted under section 2(a), that a foreign country is not in material compliance with-- (1) any agreement or understanding concluded pursuant to negotiations conducted under section 3, or (2) any existing trade agreement between the United States and that country, the Trade Representative shall determine what action to take under section 301(a) of the Trade Act of 1974. For purposes of section 301 of that Act, a determination of noncompliance described in the preceding sentence shall be treated as a determination made under section 304 of that Act. SEC. 6. EXPEDITED PROCEDURES FOR CERTAIN PRESIDENTIAL ACTIONS. (a) Authority for Reciprocal Actions.--In any case in which-- (1) section 5 applies, (2) the President determines that reciprocal action should be taken by the United States in response to-- (A) a restriction, barrier, or impediment referred to in section 5(a) with respect to access to the market of a country, or (B) noncompliance with an agreement, understanding, or trade agreement referred to in section 5(b), as the case may be, (3) changes in existing law or new statutory authority is necessary for such reciprocal action to be taken, and (4) the President, within 30 days (excluding any day described in section 154(b) of the Trade Act of 1974) after-- (A) the determination of the Trade Representative under section 3(c)(1)(A)(ii) or (B), or (B) the determination of the Secretary in the applicable report under section 2(a), as the case may be, submits to the Congress a draft of implementing legislation with respect to the changes or authority described in paragraph (3), then subsection (c) applies. (b) Definitions.--For purposes of this section-- (1) the term ``reciprocal action'' means action that is taken in direct response to a restriction on, or barrier or impediment to, access to the market in another country and is comparable or of equivalent effect to such restriction, barrier, or impediment; and (2) the term ``implementing legislation'' means a bill of either House of Congress which is introduced as provided in subsection (c) and which contains provisions necessary to make the changes or provide the authority described in subsection (a)(3). (c) Procedures for Implementing Legislation.--On the day on which implementing legislation is submitted to the House of Representatives and the Senate under subsection (a), the implementing legislation shall be introduced and referred as provided in section 151(c)(1) of the Trade Act of 1974 for implementing bills under such section. The provisions of subsections (d), (e), (f), and (g) of section 151 of such Act shall apply to implementing legislation to the same extent as such subsections apply to implementing bills. (d) Rules of House of Representatives and Senate.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. SEC. 7. URUGUAY ROUND AGREEMENTS NOT AFFECTED. Nothing in this Act shall be construed to violate any provision of the agreements approved by the Congress in section 101(a)(1) of the Uruguay Round Agreements Act (19 U.S.C. 3511(a)(1)). SEC. 8. DEFINITIONS. As used in this Act: (1) Existing trade agreement between the united states and a country.--An ``existing trade agreement'' between the United States and another country means any trade agreement or understanding that was entered into between the United States and that country before the date of the enactment of this Act and is in effect on such date. Such term includes, but is not limited to-- (A) with respect to Japan-- (i) the Arrangement Between the Government of Japan and the Government of the United States of America Concerning Trade in Semiconductor Products, signed in 1986; (ii) the Arrangement Between the Government of Japan and the Government of the United States of America Concerning Trade in Semiconductor Products, signed in 1991; (iii) the United States-Japan Wood Products Agreement, signed on June 5, 1990; (iv) Measures Related to Japanese Public Sector Procurements of Computer Products and Services, signed on January 10, 1992; (v) the Tokyo Declaration on the U.S.-Japan Global Partnership, signed on January 9, 1992; and (vi) the Cellular Telephone and Third-Party Radio Agreement, signed in 1989; (B) with respect to the European Union-- (i) the Agreement Concerning the Application of the GATT Agreement on Trade in Civil Aircraft Between the European Economic Community and the Government of the United States of America on trade in large civil aircraft, with annexes, entered into force on July 17, 1992; (ii) the Agreement Concerning Procurement Between the United States and the European Union, signed April 15, 1994; and (iii) the Memorandum of Understanding (MOU) on Procurement Between the United States and the European Union, signed May 25, 1993; and (C) with respect to the People's Republic of China-- (i) the Memorandum of Understanding (MOU) on the Protection of Intellectual Property Rights Between the United States and the People's Republic of China, signed January 17, 1992; (ii) the Memorandum of Understanding (MOU) on Market Access Between the United States and the People's Republic of China, signed October 10, 1992; (iii) the Bilateral Textile Agreement Between the United States and the People's Republic of China, signed January 17, 1994; and (iv) an exchange of letters with an attached action plan between the United States and the People's Republic of China, signed February 26, 1995, relating to intellectual property rights. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (3) Trade representative.--The term ``Trade Representative'' means the United States Trade Representative. <all>