Agricultural Trade Facilitation Act - States that the overall trade negotiating objective of the United States with respect to the application of sanitary and phytosanitary measures to agricultural products for trade agreements between the United States and foreign countries is to secure more open and reciprocal market access by strengthening the rules governing such measures' application to agricultural products.
States that the principal trade negotiating objectives of the United States with respect to the application of sanitary and phytosanitary measures to agricultural products are to: (1) strengthen the requirement that the application of such measures is based on scientific evidence, (2) encourage parties to an agreement to participate actively in the development of international standards relating to such measures' application, (3) improve regulatory coherence and increase the use of systems-based approaches, (4) require greater transparency in such measures' development and implementation, (5) require parties to an agreement to carry out risk analysis in a timely manner consistent with international guidelines, (6) improve rules governing the testing of imported products, (7) promote harmonization of export certification requirements, and (8) ensure that new sanitary and phytosanitary trade obligations are fully enforceable through an effective dispute settlement process.
Makes this Act inapplicable to negotiations for: (1) the United States-Colombia Trade Promotion Agreement, (2) the United States-Korea Free Trade Agreement, (3) the United States-Panama Trade Promotion Agreement, and (4) the Doha Development Round of the World Trade Organization.
Generalized System of Preferences Improvement Act - Amends the Trade Act of 1974 to revise the prohibition against the President's designation of a beneficiary developing country for purposes of duty-free treatment of its products under the generalized system of preferences.
Prohibits the President from designating a country a beneficiary developing country if it: (1) enters into an agreement to afford preferential treatment to the products of a developed country other than the United States, unless the President certifies to Congress that it is in the U.S. national interests to make such designation; and (2) improperly uses sanitary and phytosanitary measures, technical barriers to trade, or other non-tariff trade barriers in a manner to negatively affect trade between the country and the United States.
Adds as one of the factors the President must take into account in determining whether to designate a country as a beneficiary developing country the extent, if any, to which such country adopts and follows international sanitary or phytosanitary standards and provides scientific justifications for deviations from such standards.
United States-Brazil Joint Commission on Commerce and Trade Act - Establishes the United States-Brazil Joint Commission on Commerce and Trade to address bilateral trade matters, seek removal of trade barriers, and promote commercial opportunities between the United States and Brazil.
Transatlantic Commerce and Trade Enhancement Act - Grants the President authority to seek negotiations with the European Union (EU) for a trade agreement to reduce existing EU or U.S. duties or other import restrictions unduly burdening and restricting U.S. foreign trade.
Subjects such authority to all applicable congressional notification and consultation requirements.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6538 Introduced in House (IH)]
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 Representatives 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:
(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 agricultural trade.
(2) From 2008 to 2010, the value of United States
agricultural exports averaged nearly $107 billion annually.
Compared to 1998 to 2000, when the total value of agricultural
exports averaged $51,000,000,000 annually, United States
agricultural 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 approximately 8,400 jobs. The
Economic Research Service further reports that United States
agricultural exports supported nearly 830,000 full-time
American jobs both on and off-farm in 2009.
(4) Even as the importance of agricultural exports 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
elimination and reduction of unwarranted sanitary and
phytosanitary barriers to trade will increase United States
agricultural exports and jobs.
(5) Sanitary and phytosanitary measures are those designed
``to protect human, animal or plant life or health from risks''
arising from additives, contaminants, pests, toxins, diseases,
or disease-carrying and causing organisms in foods, beverages,
feedstuffs, animals, or plants. Sanitary and phytosanitary
measures can take such forms as specific product or processing
standards, requirements for products to be produced in disease-
free areas, quarantine regulations, certification or inspection
procedures, sampling and testing requirements, health-related
labeling measures, maximum permissible pesticide residue
levels, and prohibitions on certain food additives.
(6) There are currently 37 active disputes involving
sanitary and phytosanitary measures being argued within the
World Trade Organization (WTO) between Member countries. These
cases have been invoked under the WTO Agreement on the
Application of Sanitary and Phytosanitary Measures.
(7) While the Agreement on the Application of Sanitary and
Phytosanitary Measures, to which all WTO Member countries are
parties, explicitly recognizes 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, animal or plant
health, and cannot be arbitrary or used to unjustifiably
discriminate domestically or between trading partners. Member
countries are also encouraged to observe established and
recognized international standards. Improper use of measures
can create substantial, if not complete, barriers to United
States exports when they are disguised barriers 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 Agricultural Service,
reviewed more than 1,000 notifications from 50 countries as
required under the Agreement on the Application of Sanitary and
Phytosanitary Measures. The United States Government commented
on 173 proposed or in-force sanitary 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 for plants, bulk
commodities (including those made with biotechnology), and
horticultural products.
(9) Each year, the United States Trade Representative
reports that non science-based sanitary and phytosanitary trade
barriers continue to threaten, constrain, or block United
States agricultural exports.
(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 agricultural products, valued at an estimated $5
billion of United States agricultural, forestry, and fishery
exports using 1996 data, accounting for about 7 percent 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 through achieving and
implementing agreements that provide for enhanced
harmonization, transparency, equivalency, improved regulatory
practices, and more efficient and effective dispute settlement.
The elimination and reduction in use of such barriers to trade
will strengthen the international trading system by providing
certainty, predictability, and fair treatment.
(12) The Agreement on the Application of Sanitary and
Phytosanitary Measures has proven valuable 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 APPLICATION OF SANITARY AND PHYTOSANITARY
MEASURES TO AGRICULTURAL 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 agreements between the United States and foreign
countries is to secure more open, equitable, and reciprocal market
access by strengthening the rules governing the application of sanitary
and phytosanitary measures to agricultural 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 application of
measures is based on scientific evidence by requiring parties
to the agreement to make available 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 international standards relating
to the application of measures and to apply those standards
whenever it is appropriate to do so and to require parties to
provide a scientific justification whenever they apply a
standard that deviates from an established international
standard.
(3) To improve regulatory coherence and increase the use of
systems-based approaches, to require parties to the agreement
to evaluate on a timely 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 development and
implementation of the measures, to require parties to the
agreement to publish proposed measures, including a scientific
justification, to provide an opportunity for interested parties
to comment on the proposal, and to take into account reasonable
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 organizations, to ensure
that risk assessments are based on the most relevant scientific
data, to require parties to consider the full range of risk
management options and to ensure that the measures are no more
trade-restrictive than necessary to meet the intended purpose,
and to require effective risk communication.
(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 determine 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.
(b) Exception.--This title does not apply with respect to
negotiations for any of the following:
(1) The United States-Colombia Trade Promotion Agreement.
(2) The United States-Korea Free Trade Agreement.
(3) The United States-Panama Trade Promotion Agreement.
(4) The Doha Development Round of the World Trade
Organization.
TITLE II--GENERALIZED SYSTEM OF PREFERENCES IMPROVEMENT
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
(ii) by adding at the end the following:
``(ii) Such country enters into an agreement 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 national interests of the United States to
designate 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 action or inaction, in a manner
negatively affecting trade between the country and the
United States.''; and
(C) in the matter following subparagraph (I) (as
added by subparagraph (B) of this paragraph), by
striking ``and (H)'' and inserting ``(H), and (I)'';
and
(2) in subsection (c)--
(A) in paragraph (6), by striking ``and'' at the
end;
(B) in paragraph (7), by striking the period 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 ``report'' 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 developing country, including findings
with respect to whether or not the beneficiary country, in
accordance 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 beneficiary developing country has improperly used
sanitary and phytosanitary measures, technical barriers to
trade, and other non-tariff trade barriers.
``(2) Covered beneficiary developing country.--In paragraph
(1), the term `covered beneficiary developing country ' means a
beneficiary developing country that is one of the top 20
beneficiary 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 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 commission 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 relationship between the
United States and Brazil by establishing high level reviews of
barriers to trade between the two countries, to promote
commercial opportunities 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 between the United States Government
and the Republic of Brazil. United States Commissioners
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 Committee 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 minority member of the Committee on
Foreign Relations of the Senate.
(iii) Two persons shall be appointed by the
Speaker of the House of Representatives, after
consultation with the Chairman of the Committee
on Ways and Means and the Chairman of the
Committee on Foreign Affairs of the House of
Representatives.
(iv) Two persons shall be appointed by the
minority leader of the House of
Representatives, after consultation with the
ranking minority member of the Committee on
Ways and Means and the ranking minority member
of the Committee on Foreign Affairs of the
House of Representatives.
(B) Qualifications.--Individuals appointed to the
Commission shall be individuals who have expertise in
international trade matters and United States-Brazil
relations.
(4) Period of appointment; vacancies.--
(A) In general.--Members of the Commission shall be
appointed to 2-year terms.
(B) Staggering of terms.--Each appointing authority
referred to under clauses (i) through (iv) of paragraph
(3)(A) shall--
(i) make the appointments on a staggered
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
(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 original appointment.
(5) Chairmen.--The members of the Commission 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 Commission shall hold its first
meeting.
(B) Subsequent meetings.--The Commission shall meet
at the call of the Chairmen of the Commission, with the
responsibility of 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 Commission.
(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
conclusions and recommendations for legislative and administrative
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 administer oaths to the extent that the Commission or such
panel or member considers advisable.
(2) Information.--The Commission may secure directly from
any Federal department or agency information that the
Commission considers necessary to enable the Commission to
carry out its duties under this section, unless that
information is deemed to contain sensitive national
intelligence information 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 compensated in the same manner provided for
the compensation 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 Commission under section 127(g)(2) of the Trade Deficit
Review Commission Act.
(3) Staff.--An executive director and other additional
personnel for the Commission shall be appointed, 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 Commerce 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 government of brazil.--
The Commission shall work with the Government of Brazil to
secure the appropriate expertise to carry out its work,
including 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 purposes.--Foreign travel
for official purposes by Commissioners 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 essential activities that
could not otherwise be conducted using alternative means.
(7) Procurement of temporary and intermittent services.--
The Chairmen of the Commission may procure temporary and
intermittent services for the Commission in the same manner
provided for the procurement of temporary and intermittent
services for the Trade Deficit Review Commission under section
127(g)(5) of the Trade Deficit Review Commission Act.
(8) Privately funded travel.--The Chairmen of the
Commission may authorize privately funded travel by members and
staff of the Commission for activities related to the duties of
the Commission. 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 privately funded travel.
(e) Assistance in Performing Duties.--The President of the United
States shall provide for the transfer to the Commission of such staff,
materials, and infrastructure (including leased premises) of Federal
departments 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 remain available until
expended.
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 existing 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 Consultation.--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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
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