HR 1278 IHCommentsClose CommentsPermalink

To establish the position of Trade Enforcement Officer and a Trade Enforcement Division in the Office of the United States Trade Representative, to require identification of trade enforcement priorities, and for other purposes.CommentsClose CommentsPermalink

March 1, 2007

Mr. CAMP of Michigan (for himself and Mrs. JONES of Ohio) introduced the following bill; which was referred to the Committee on Ways and MeansCommentsClose CommentsPermalink

To establish the position of Trade Enforcement Officer and a Trade Enforcement Division in the Office of the United States Trade Representative, to require identification of trade enforcement priorities, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Trade Prosecutor Act'.CommentsClose CommentsPermalink

SEC. 2. ESTABLISHMENT OF TRADE ENFORCEMENT DIVISION AND POSITION OF TRADE ENFORCEMENT OFFICER.

(a) Establishment- Chapter 4 of title I of the Trade Act of 1974 (19 U.S.C. 2171) is amended by adding at the end the following new section:CommentsClose CommentsPermalink

`SEC. 142. TRADE ENFORCEMENT DIVISION AND TRADE ENFORCEMENT OFFICER.

`(a) Establishment of Trade Enforcement Division- There is established within the Office of the United States Trade Representative a Trade Enforcement Division (in this section referred to as the `Division').CommentsClose CommentsPermalink





`(b) Establishment of Position of Trade Enforcement Officer-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Division shall be headed by a Trade Enforcement Officer.CommentsClose CommentsPermalink





`(2) APPOINTMENT AND NOMINATION- The Trade Enforcement Officer shall be appointed by the President, by and with the advice and consent of the Senate. As an exercise of the rulemaking power of the Senate, any nomination of the Trade Enforcement Officer submitted to the Senate for its advice and consent, and referred to a committee, shall be referred to the Committee on Finance.CommentsClose CommentsPermalink





`(3) RANK- The Trade Enforcement Officer shall hold office at the pleasure of the President and shall have the rank of Ambassador.CommentsClose CommentsPermalink





`(c) Functions of Trade Enforcement Officer-CommentsClose CommentsPermalink





`(1) PRINCIPAL FUNCTION- The principal function of the Trade Enforcement Officer shall be to ensure that United States trading partners comply with trade agreements to which the United States is a party.CommentsClose CommentsPermalink





`(2) ADDITIONAL FUNCTIONS- The Trade Enforcement Officer shall--CommentsClose CommentsPermalink





`(A) assist the United States Trade Representative in investigating and prosecuting disputes before the World Trade Organization and pursuant to other trade agreements to which the United States is a party;CommentsClose CommentsPermalink





`(B) assist the United States Trade Representative in carrying out the United States Trade Representative's functions under section 141(d);CommentsClose CommentsPermalink





`(C) make recommendations with respect to the administration of United States trade laws relating to foreign government barriers to United States goods, services, and intellectual property, and other trade matters; andCommentsClose CommentsPermalink





`(D) perform such other functions as the United States Trade Representative may direct.CommentsClose CommentsPermalink





`(d) Office of Trade Assistance for Small Businesses-CommentsClose CommentsPermalink





`(1) ESTABLISHMENT- There is established within the Division the Office of Trade Assistance for Small Businesses.CommentsClose CommentsPermalink





`(2) FUNCTIONS- The Office of Trade Assistance for Small Businesses shall provide technical and legal assistance and advice to eligible small businesses to enable such small businesses to prepare and file petitions (other than those that, in the opinion of the Office of Trade Assistance for Small Businesses, are frivolous) under section 302.CommentsClose CommentsPermalink





`(3) ELIGIBLE SMALL BUSINESS DEFINED- The term `eligible small business' means any business concern that, in the judgment of the Office of Trade Assistance for Small Businesses, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and filing petitions and complaints under section 302. In determining whether a business concern is an `eligible small business,' the Office of Trade Assistance for Small Businesses may consult with the Administrator of the Small Business Administration and the heads of other appropriate Federal departments and agencies.CommentsClose CommentsPermalink





`(e) Study and Report on Nontariff Barriers to Market Access- Not later than 180 days after the date of the enactment of this section and annually thereafter, the Trade Enforcement Officer shall report to the Committee on Finance of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Ways and Means of the House of Representatives on nontariff barriers affecting market access for United States companies in any other country with respect to which the United States has entered into a trade agreement or is negotiating a trade agreement.'.CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 141 the following:CommentsClose CommentsPermalink





`Sec. 142. Trade Enforcement Division and Trade Enforcement Officer.'.CommentsClose CommentsPermalink





(c) Compensation for Trade Enforcement Officer- Section 5314 of title 5, United States Code, is amended by inserting `Trade Enforcement Officer.' as a new item after `Chief Agricultural Negotiator.'.CommentsClose CommentsPermalink

SEC. 3. IDENTIFICATION OF TRADE ENFORCEMENT PRIORITIES.

(a) In General- Title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

`SEC. 311. IDENTIFICATION OF TRADE ENFORCEMENT PRIORITIES.

`(a) Identification and Annual Report-CommentsClose CommentsPermalink





`(1) IN GENERAL- Not later than 75 days after the submission of the report required by section 181(b), the Trade Representative shall annually--CommentsClose CommentsPermalink





`(A) identify United States trade enforcement priorities;CommentsClose CommentsPermalink





`(B) identify enforcement actions that the Trade Representative has taken during the previous year and review the impact such enforcement actions have had on foreign trade barriers;CommentsClose CommentsPermalink





`(C) identify priority foreign country trade practices on which the Trade Representative will focus enforcement efforts;CommentsClose CommentsPermalink





`(D) submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the priorities, actions, and practices identified in subparagraphs (A), (B), and (C); andCommentsClose CommentsPermalink





`(E) publish the report required by subparagraph (D) in the Federal Register.CommentsClose CommentsPermalink





`(2) FACTORS TO CONSIDER- In identifying priority foreign country trade practices under paragraph (1)(C), the Trade Representative shall focus on the practices the elimination of which the Trade Representative determines will have the most potential to increase United States economic growth, either directly or through the establishment of a beneficial precedent. The Trade Representative shall take into account all relevant factors, including--CommentsClose CommentsPermalink





`(A) the major barriers and trade distorting practices described in the most recent available report submitted under section 181(b);CommentsClose CommentsPermalink





`(B) the findings and practices described in the most recent available report required under--CommentsClose CommentsPermalink





`(i) section 182;CommentsClose CommentsPermalink





`(ii) section 1377 of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 3106);CommentsClose CommentsPermalink





`(iii) section 3005 of the Omnibus Trade and Competitiveness Act of 1988 (22 U.S.C. 5305);CommentsClose CommentsPermalink





`(iv) section 421 of the U.S.-China Relations Act of 2000 (22 U.S.C. 6951); andCommentsClose CommentsPermalink





`(v) any other report prepared by the Trade Representative or any other agency relating to international trade and investment;CommentsClose CommentsPermalink





`(C) the trade agreements to which a foreign country is a party and the compliance of the foreign country with such agreements;CommentsClose CommentsPermalink





`(D) the medium- and long-term implications of foreign government procurement plans; andCommentsClose CommentsPermalink





`(E) the international competitive position and export potential of United States products and services.CommentsClose CommentsPermalink





`(3) OTHER ITEMS IN REPORT- The Trade Representative may include in the report required by paragraph (1)(D) a description of foreign country trade practices that may in the future warrant identification as priority foreign country trade practices.CommentsClose CommentsPermalink





`(4) PRIORITIES NOT IDENTIFIED- If the Trade Representative does not identify a priority foreign country trade practice in the report required by paragraph (1)(D), the Trade Representative shall set out in detail in such report the reasons for failing to do so.CommentsClose CommentsPermalink





`(b) Consultation-CommentsClose CommentsPermalink





`(1) IN GENERAL- Not later than 45 days after the submission of the report required by section 181(b), the Trade Representative shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the priorities, actions, and practices to be identified in the report required by subsection (a)(1)(D).CommentsClose CommentsPermalink





`(2) VOTE OF COMMITTEE- If, as a result of the consultations described in paragraph (1), either the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives requests identification of a priority foreign country trade practice by majority vote, the Trade Representative shall include such identification in the report required by subsection (a)(1)(D).CommentsClose CommentsPermalink





`(3) DETERMINATION NOT TO INCLUDE PRIORITY FOREIGN COUNTRY TRADE PRACTICES- The Trade Representative may determine not to include the identification of a priority foreign country trade practice requested under paragraph (2) in the report required by subsection (a)(1)(D) only if--CommentsClose CommentsPermalink





`(A) the Trade Representative finds that--CommentsClose CommentsPermalink





`(i) such practice is already being addressed--CommentsClose CommentsPermalink





`(I) under provisions of United States trade law;CommentsClose CommentsPermalink





`(II) under the Uruguay Round Agreements (as defined in section 2(7) of the Uruguay Round Agreements Act (19 U.S.C. 3501(7)));CommentsClose CommentsPermalink





`(III) under any bilateral or regional trade agreement; orCommentsClose CommentsPermalink





`(IV) as part of trade negotiations with the foreign country or other countries engaging in such practice; andCommentsClose CommentsPermalink





`(ii) progress is being made toward the elimination of such practice; orCommentsClose CommentsPermalink





`(B) the Trade Representative finds that identification of such practice as a priority foreign country trade practice would be contrary to the interests of the United States.CommentsClose CommentsPermalink





`(4) REASONS FOR DETERMINATION- In the case of a determination made pursuant to paragraph (3), the Trade Representative shall set forth in detail the reasons for that determination in the report required by subsection (a)(1)(D).CommentsClose CommentsPermalink





`(c) Investigation and Resolution-CommentsClose CommentsPermalink





`(1) IN GENERAL- Upon submission of the report required by subsection (a)(1)(D), the Trade Representative shall, with respect to any priority foreign country trade practice identified, seek satisfactory resolution with the country or countries engaging in such practice under the auspices of the World Trade Organization, pursuant to a bilateral or regional trade agreement to which the United States is a party, or by any other means. A satisfactory resolution may include elimination of the practice or, if not feasible, providing for compensatory trade benefits.CommentsClose CommentsPermalink





`(2) CONSULTATIONS; INVESTIGATIONS- Not later than 120 days after the transmission of the report required by subsection (a)(1)(D), the Trade Representative shall, with respect to any priority foreign country trade practice identified--CommentsClose CommentsPermalink





`(A) initiate dispute settlement consultations in the World Trade Organization;CommentsClose CommentsPermalink





`(B) initiate dispute settlement consultations under the applicable provisions of any bilateral or regional trade agreement to which the United States is a party;CommentsClose CommentsPermalink





`(C) initiate an investigation under section 302(b);CommentsClose CommentsPermalink





`(D) seek to negotiate an agreement that provides for the elimination of the priority foreign country trade practice or, if elimination of the practice is not feasible, an agreement that provides for compensatory trade benefits; orCommentsClose CommentsPermalink





`(E) take any other action necessary to eliminate the priority foreign country trade practice.CommentsClose CommentsPermalink





`(3) REPORT- On the day on which the Trade Representative takes action under subparagraph (E) of paragraph (2), the Trade Representative shall submit to Congress a report--CommentsClose CommentsPermalink





`(A) describing the action taken under subparagraph (E) of paragraph (2) and the reasons for taking the action; andCommentsClose CommentsPermalink





`(B) stating in detail the reasons the Trade Representative did not take action under subparagraphs (A) through (D) of paragraph (2).CommentsClose CommentsPermalink





`(d) Additional Reporting- The Trade Representative shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not later than 6 months after the date of the enactment of this Act and every 6 months thereafter on--CommentsClose CommentsPermalink





`(1) the progress being made to realize the trade enforcement priorities identified in subsection (a)(1)(A); andCommentsClose CommentsPermalink





`(2) the steps being taken to address the priority foreign country trade practices identified in subsection (a)(1)(C).'.CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of contents of the Trade Act of 1974 is amended by inserting after the item relating to section 310 the following:CommentsClose CommentsPermalink





`Sec. 311. Identification of trade enforcement priorities.'.CommentsClose CommentsPermalink

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be necessary to carry out this Act for each fiscal year.CommentsClose CommentsPermalink