Telecommunications Trade Act of 1985

(Reported to Senate from the Committee on Finance with amendment, S. Rept. 99-204)

Telecommunications Trade Act of 1985 - Title I: Actions to Achieve Competitive Opportunities - Directs the U.S. Trade Representative (USTR), within four months of enactment of this Act, to: (1) identify and analyze all acts, policies, and practices in the markets of foreign countries that deny to U.S. telecommunications firms competitive opportunities that are substantially equivalent to the competitive opportunities available to foreign companies in U.S. markets; and (2) determine which of such acts, policies, or practices denies trade agreement benefits to the United States, is unjustifiable and burdens or restricts U.S. commerce, or otherwise has the effect of nullifying or impairing any benefit to the United States under any agreement or impeding attainment of any objective of any agreement to which the United States is a party. Sets forth factors to be considered in making such analysis and determination. Authorizes the USTR to exclude a country from investigation if the USTR determines that the potential market in such country for U.S. telecommunications products and services is not substantial. Requires the USTR to report to the Congress within four months of enactment of this Act on such analysis and determinations.

Directs the President to begin negotiations with those countries which deny U.S. telecommunications firms substantially equivalent competitive opportunities to enter into trade agreements which provide such opportunities to U.S. telecommunications firms. Sets forth the objectives of the negotiations.

Directs the President, if unable to enter into such an agreement which achieves such objectives, to submit to the Congress, within 18 months of enactment of this Act, a draft of a bill which implements against such country certain enumerated actions, within certain limits, necessary to achieve such objectives. Directs the President, in deciding what actions to include in the draft of such bill, to include first those actions which most directly affect trade in telecommunications products and services with the country concerned. Sets forth the actions the President is authorized to include in the draft of such bill. Directs the President to consult with specified congressional committees at least 90 days before the draft of such bill is submitted to the Congress. Provides for expedited consideration of such bill.

Directs the USTR, if a country does engage in unfair trade practices, to take whatever actions, within certain limits, necessary to offset such acts, policies, and practices, and to restore the balance of concessions between the United States and such foreign country. Requires the USTR to review annually the extent to which a foreign country's policies meet the negotiating objectives achieved by trade agreements. Directs the USTR to take specified actions if the foreign country is not in compliance with such trade agreement or has adopted an unfair trade act, policy, or practice. Directs the USTR to report annually to specified congressional committees on the review of the country's negotiating objectives. Sets forth the actions the USTR is authorized to take.

Directs the President and the USTR to consult with the Secretary of Commerce, the Federal Communications Commission, and a specified interagency trade organization to determine appropriate actions against foreign countries.

Directs the USTR to provide the opportunity for presentations of views by interested parties for purposes of identifying the objectives of trade negotiations and determining appropriate actions against foreign countries.

Directs the President to keep the Congress informed of: (1) the negotiating priorities and objectives for each country involved; (2) the assessment of negotiating prospects; and (3) any U.S. concessions which might be included in negotiations to achieve such objectives.

Title II: Trade Agreement Authority - Authorizes the President, during the three years following enactment of this Act, to enter into trade agreements which meet specified objectives with foreign countries which provide for: (1) the harmonization, reduction, or elimination of duties or restrictions, barriers, or other distortions to international trade; or (2) the prohibition of or limitations on the imposition of duties or restrictions, barriers, or other distortions to international trade.

Authorizes the President to enter into trade agreements with a foreign country to grant concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions if: (1) the President has taken action because no trade agreement could be reached under this Act and the USTR is not required to take action against such country under this Act; or (2) the USTR has taken a specified action this is subsequently found to be inconsistent with U.S. international legal obligations.

Title III: Miscellaneous Provisions - Authorizes importing a product that is subject to registration or approval by the Federal Communications Commission (FCC) only if: (1) such product conforms with all applicable FCC regulations; and (2) the information which is required on a specified FCC form is provided to the appropriate customs officer at the time of entry into the United States. Directs the FCC, the Secretary of Commerce, and the USTR to provide enforcement assistance to the Secretary of the Treasury upon request. Directs the Secretary of the Treasury to provide the Congress with information on such imports at least twice a year.

Amends the Trade Act of 1974 to include within the definition of service sector access authorization any authorization that permits a foreign supplier of goods related to a service access to the U.S. market.

Directs the Secretary of Commerce to report to the Congress at least once every two years on the impact of U.S. domestic policies and practices on the growth and international competitiveness of the U.S. telecommunications industry.