[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 301 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 301

  To revive and strengthen the ``Super 301'' authority of the United 
States Trade Representative to eliminate unfair trade barriers, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 3 (legislative day, January 5), 1993

 Mr. Daschle (for himself, Mr. Levin, and Mr. Johnston) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
  To revive and strengthen the ``Super 301'' authority of the United 
States Trade Representative to eliminate unfair trade barriers, 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 ``Fair Trade Enforcement Act of 
1993''.

SEC. 2. PERMANENT STATUS OF ``SUPER 301'' PROGRAM; MANDATORY PRIORITY 
              PRACTICES.

    (a) In General.--Section 310 of the Trade Act of 1974 (19 U.S.C. 
2420) is amended by striking subsections (a) and (b), by redesignating 
subsections (c) and (d) as subsections (e) and (f), respectively, and 
by inserting before subsection (e), as redesignated, the following new 
subsections:
    ``(a) Mandatory Identification.--
            ``(1) In general.--By not later than 60 days after the date 
        in any calendar year on which the report required under section 
        181(b) is submitted to the appropriate congressional 
        committees, the Trade Representative shall identify priority 
        practices described in paragraph (2) or (3) of this subsection.
            ``(2) Identification of priority practices.--The Trade 
        Representative shall identify as a priority practice any act, 
        policy, or practice specified under section 181(a)(1), and any 
        other major barrier and trade distorting practice, the 
        elimination of which is likely to have the most significant 
        potential to increase United States exports, either directly or 
        through the establishment of a beneficial precedent.
            ``(3) Identification of specific priority practices.--
                    ``(A) General rule.--The priority practices 
                described in paragraph (2), shall include--
                            ``(i) major barriers and trade distorting 
                        practices in the agricultural, manufacturing, 
                        and services sectors; and
                            ``(ii) if for any calendar year the United 
                        States merchandise trade balance (excluding 
                        trade petroleum imports) was in deficit, the 
                        major barriers and trade distorting practices 
                        of each foreign country that--
                                    ``(I) accounted for not less than 
                                15 percent of such deficit, and
                                    ``(II) had a global current account 
                                surplus for such year in an amount 
                                equal to or greater than the amount of 
                                the United States' deficit with the 
                                foreign country.
                    ``(B) Exception where certification made.--The 
                Trade Representative shall not be required to identify 
                practices with respect to a sector described in 
                subparagraph (A)(i), if the Trade Representative 
                certifies to the Congress for any calendar year that 
                major barriers and trade distorting practices do not 
                exist or have been eliminated with respect to such 
                sector.
            ``(4) Guidelines.--The priority practices identified by the 
        Trade Representative under this section shall reflect--
                    ``(A) the international competitive position and 
                export potential of United States products and 
                services,
                    ``(B) circumstances in which the sale of a small 
                quantity of a product or service may be more 
                significant than its value,
                    ``(C) circumstances in which the practice has the 
                effect of imposing a total or near total barrier to the 
                importation of foreign goods or services, and
                    ``(D) the measurable medium-term and long-term 
                implications of Government procurement commitments to 
                United States exporters.
    ``(b) Report.--
            ``(1) List of priority practices.--At the same time the 
        identification is made under subsection (a), the Trade 
        Representative shall submit to the Committee on Finance of the 
        Senate and to the Committee on Ways and Means of the House of 
        Representatives, and shall publish in the Federal Register, a 
        report which lists--
                    ``(A) the priority practices identified under 
                subsection (a), and
                    ``(B) the amount estimated under paragraph (2) with 
                respect to each such priority practice.
            ``(2) Estimate of lost exports.--The amount estimated under 
        this paragraph is the total amount by which United States 
        exports of goods or services to each foreign country which has 
        a priority practice identified under subsection (a) would have 
        increased during the preceding calendar year if the priority 
        practices of such country did not exist. For purposes of the 
        preceding sentence, the Trade Representative may use the 
        estimates made under section 181 to the extent appropriate.
    ``(c) Initiation of Investigation.--
            ``(1) In general.--The Trade Representative shall initiate 
        an investigation under section 302(d), and consultations under 
        section 303(a), with respect to each priority practice 
        identified under subsection (a) or with respect to each 
        priority practice to which a resolution described in subsection 
        (d) applies.
            ``(2) Timetable of trade representative.--Not later than 21 
        days after the date a report is submitted under subsection (b), 
        the Trade Representative shall submit to the appropriate 
        congressional committees a timetable for initiating and 
        completing the investigation and consultations with respect to 
        each priority practice identified under subsection (a) or to 
        which a resolution described in subsection (d) applies.
    ``(d) Mandatory Investigation Initiated by Congress.--
            ``(1) Resolution by committee.--Upon the adoption by either 
        the Committee on Ways and Means of the House of Representatives 
        or the Committee on Finance of the Senate of a resolution 
        that--
                    ``(A) describes a priority practice of a foreign 
                country, and
                    ``(B) states that it is the opinion of the 
                Committee that such priority practice is an act, 
                policy, or practice that is described in section 301,
        the Trade Representative shall initiate action under subsection 
        (c).
            ``(2) Joint resolution.--Upon enactment of a joint 
        resolution described in paragraph (3), the Trade Representative 
        shall initiate action under subsection (c).
            ``(3) Joint resolution described.--A resolution is 
        described in this paragraph if it is a joint resolution--
                    ``(A) which is introduced in either the Senate or 
                the House of Representatives not later than 15 days 
                after the date on which the Trade Representative 
                submits the report required by subsection (b),
                    ``(B) which is sponsored by not less than one-
                fourth of the duly elected and sworn Members of the 
                House in which it is introduced, and
                    ``(C) the matter after the resolving clause of 
                which contains the name of the foreign country, the 
                practices of such country identified as priority 
                practices, and a finding that elimination of such 
                priority practices is likely to have significant 
                potential to increase United States exports, either 
                directly or through establishment of a beneficial 
                precedent.
            ``(4) Application of congressional `fast track' procedures 
        to joint resolution.--
                    ``(A) Except as provided in subparagraph (B), the 
                provisions of section 152 (other than subsection (a)) 
                shall apply to a joint resolution described in 
                paragraph (3).
                    ``(B) For purposes of this paragraph--
                            ``(i) section 152(d)(2) shall be applied by 
                        substituting `10' for `20',
                            ``(ii) section 152(e)(2) shall be applied 
                        by substituting `10' for `20',
                            ``(iii) section 152(f)(2) shall be applied 
                        by substituting `text of the joint resolution 
                        described in section 310(d)(3)' for `texts of 
                        joint resolutions described in section 152 or 
                        153(a)', and
                            ``(iv) section 152(f)(3) shall be applied 
                        by substituting `joint resolution described in 
                        section 310(d)(3)' for `joint resolution 
                        described in subsection (a)(2)(B)'.
            ``(5) Rulemaking power.--Paragraph (4) is enacted by 
        Congress--
                    ``(A) as an exercise of the rulemaking power of the 
                House of Representatives and the Senate, respectively, 
                and as such it 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
                    ``(B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                relating to the procedure of that House) at any time, 
                in the same manner, and to the same extent as in the 
                case of any other rule of that House.''.
    (b) Conforming Amendments.--
            (1) Subsection (e) of section 310 of the Trade Act of 1974, 
        as redesignated by subsection (a), is amended--
                    (A) by striking ``In the consultations'' and all 
                that follows through the first comma in paragraph (1) 
                and inserting ``In the consultations with a foreign 
                country which has a priority practice identified under 
                subsection (a) or (d),'';
                    (B) by striking ``subsection (a)(1)(A)'' in 
                subparagraph (A) of paragraph (1) and inserting ``this 
                section''; and
                    (C) by striking ``subsection (b)'' in paragraph (2) 
                and inserting ``this section''.
            (2) Paragraph (1) of section 310(f) of such Act, as 
        redesignated by subsection (a), is amended to read as follows:
            ``(1) On the date in each calendar year on which the report 
        the Trade Representative is required to submit under subsection 
        (b), the Trade Representative shall also submit a report which 
        includes--
                    ``(A) revised estimates of the total amount 
                determined under subsection (b)(2) for each priority 
                practice that has been identified under this section,
                    ``(B) evidence that demonstrates, in the form of 
                increased United States exports to each foreign country 
                with respect to which a priority practice has been 
                identified during the previous calendar year--
                            ``(i) in the case of a foreign country that 
                        has entered into an agreement described in 
                        subsection (e)(1), substantial progress during 
                        each year within the 3-year period described in 
                        subsection (e)(1)(A) toward the goal of 
                        eliminating the priority practice identified 
                        under this section by the close of such 3-year 
                        period, and
                            ``(ii) in the case of a country which has 
                        not entered into (or has not complied with) an 
                        agreement described in subsection (e)(1), the 
                        elimination of such practices, and
                    ``(C) to the extent that the evidence described in 
                subparagraph (B) cannot be provided, any actions that 
                have been taken by the Trade Representative under 
                section 301 with respect to such priority practices of 
                each such foreign country.''.
            (3) Paragraph (2) of section 310(f) of such Act, as 
        redesignated by subsection (a), is amended--
                    (A) by striking ``subsection (a)(1)(A)'' each place 
                it appears and inserting ``this section''; and
                    (B) by striking ``in any calendar year beginning 
                after 1993''.
            (4) Section 303 of such Act (19 U.S.C. 2413) is amended--
                    (A) by inserting ``or pursuant to the timetable 
                prescribed by section 310(c)(2)'' in paragraph (1) of 
                subsection (a) after ``section 302''; and
                    (B) by adding at the end of subsection (b) the 
                following flush sentence:
``This subsection shall not apply to any consultation involving a 
priority practice identified under section 310.''.
            (5) Section 305(a)(1) of such Act (19 U.S.C. 2415(a)(1)) is 
        amended by inserting ``and section 301(e)'' after ``in 
        paragraph (2)''.
            (6)(A) The heading for section 310 of such Act (19 U.S.C. 
        2420) is amended to read as follows:

``SEC. 310. MANDATORY IDENTIFICATION OF PRIORITY PRACTICES.''.

            (B) The table of contents of chapter 1 of title III of such 
        Act is amended by striking the item relating to section 310 and 
        inserting the following:

``Sec. 310. Mandatory identification of priority practices.''.

SEC. 3. INVESTIGATIONS, DETERMINATIONS, AND MANDATORY ACTIONS.

    (a) Investigations.--Section 302 of the Trade Act of 1974 (19 
U.S.C. 2412) is amended by adding at the end thereof the following new 
subsection:
    ``(d) Initiation of Investigation for Section 310 Priority 
Practices.--Upon the identification of a priority practice under 
section 310(a) or the adoption of a resolution under section 310(d), 
the Trade Representative shall initiate an investigation under this 
chapter (in accordance with the timetable submitted under section 
310(c)) and shall publish a notice of such investigation in the Federal 
Register.''.
    (b) Determinations by Trade Representative.--Section 304(a) of such 
Act (19 U.S.C. 2414(a)) is amended by redesignating paragraph (4) as 
paragraph (5) and by inserting after paragraph (3) the following new 
paragraph:
            ``(4)(A) If an investigation is initiated under this 
        chapter by reason of section 302(d), the Trade Representative 
        shall make an affirmative determination under subparagraph (A) 
        of paragraph (1) that--
                    ``(i) the rights to which the United States is 
                entitled under any trade agreement are being denied, or
                    ``(ii) an act, policy, or practice described in 
                section 301(a)(1)(B) exists.
            ``(B) Such determination shall be made on or before--
                    ``(i) in the case of an investigation which does 
                not involve a trade agreement, the date which is 12 
                months after the date on which a timetable is submitted 
                under section 310(c)(2), or
                    ``(ii) in the case of an investigation which 
                involves a trade agreement (other than an agreement on 
                subsidies and countervailing measures described in 
                section 2(c)(5) of the Trade Agreements Act of 1979), 
                the earlier of--
                            ``(I) the date that is 30 days after the 
                        date on which the dispute settlement procedure 
                        is concluded, or
                            ``(II) the date that is 18 months after the 
                        date on which a timetable is submitted under 
                        section 310(c)(2).''.

SEC. 4. ALTERNATIVE PLAN TO ELIMINATE PRIORITY PRACTICES.

    Section 301 of the Trade Act of 1974 (19 U.S.C. 2411) is amended--
            (1) by striking ``If'' in paragraph (1) of subsection (a) 
        and inserting ``Except as provided in subsection (e), if'';
            (2) by inserting ``(or upon a determination under section 
        304(a)(4))'' in paragraph (1) of subsection (a) after ``section 
        304(a)(1)'';
            (3) by adding at the end of paragraph (2) of subsection (a) 
        the following flush sentence:
        ``In the case of an affirmative determination under section 
        304(a)(4) involving a priority practice identified under 
        section 310, this paragraph shall not apply unless a joint 
        resolution (described in subsection (e)) permits such 
        application and is enacted into law.''; and
            (4) by adding at the end thereof the following new 
        subsection:
    ``(e) Alternative Plan for Section 310 Priority Practices.--
            ``(1) In the case of a priority practice identified under 
        section 310 with respect to which an affirmative determination 
        is made under section 304(a)(4), the President shall, not later 
        than 30 days after the date of such determination, direct the 
        Trade Representative to take action under subsection (a)(1) or 
        submit to the Congress an alternative plan described in 
        paragraph (2).
            ``(2) An alternative plan is described in this paragraph if 
        it--
                    ``(A) provides in detail the action the Trade 
                Representative plans to take to eliminate a priority 
                practice, including--
                            ``(i) any reciprocal limitation, 
                        restriction, or action of the kind referred to 
                        in paragraph (3),
                            ``(ii) the period of time that will be 
                        required to implement fully the plan and the 
                        specific interim results that should be 
                        achieved under the plan from time-to-time 
                        during that period, and
                            ``(iii) the number of jobs to be created 
                        and the estimated increase in exports resulting 
                        from implementation of the plan;
                    ``(B) cites the legal authorities for taking the 
                measures contemplated by such plan;
                    ``(C) contains, if the President considers that 
                statutory authority is necessary for the implementation 
                of any part of the alternative plan (including the 
                implementation of any reciprocal limitation, 
                restriction, or action referred to in paragraph (3)), 
                appropriate suggested legislative proposals; and
                    ``(D) states the reasons why the alternative plan 
                is preferable to taking action under subsection (a)(1).
            ``(3) An alternative plan shall provide, in the case of 
        unsatisfactory progress by a foreign country in eliminating the 
        priority practice, for the implementation, for such time as may 
        be appropriate, by the President of a restriction, limitation, 
        or other action that is reciprocal in scope and effect to such 
        priority practice.
            ``(4) If the President transmits an alternative plan to the 
        Congress under paragraph (2) and a joint resolution described 
        in paragraph (6) is not enacted within the 60-day period 
        beginning on the date on which the alternative plan is 
        transmitted, the Trade Representative shall take action under 
        subsection (a)(1).
            ``(5) If the President transmits an alternative plan to 
        Congress under paragraph (2) and a joint resolution described 
        in paragraph (6) is enacted within the 60-day period beginning 
        on the date on which the alternative plan is transmitted, the 
        alternative plan shall take effect and the President shall 
        direct the Trade Representative to implement appropriate action 
        in accordance with the terms of such plan to obtain the 
        elimination of the priority practice.
            ``(6) A joint resolution is described in this paragraph if 
        it is a joint resolution--
                    ``(A) which is introduced in either the House or 
                the Senate not later than 15 days after the date the 
                President submits an alternative plan to Congress under 
                paragraph (2), and
                    ``(B) the matter after the resolving clause of 
                which is as follows: `That the Congress approves the 
                alternative plan transmitted under section 301(e) of 
                the Trade Act of 1974 to the Congress on         .', 
                the blank space being filled with the appropriate date.
            ``(7)(A) Except as provided in subparagraph (B), the 
        provisions of section 152 (other than subsection (a)) shall 
        apply to a joint resolution described in paragraph (6).
            ``(B) For purposes of this paragraph--
                    ``(i) section 152(f)(2) shall be applied by 
                substituting `text of the joint resolution described in 
                section 301(e)(6)' for `texts of joint resolutions 
                described in section 152 or 153(a)', and
                    ``(ii) section 152(f)(3) shall be applied by 
                substituting `joint resolution described in section 
                301(e)(6)' for `joint resolution described in 
                subsection (a)(2)(B)'.
            ``(8) Paragraph (7) is enacted by Congress--
                    ``(A) as an exercise of the rulemaking power of the 
                House of Representatives and the Senate, respectively, 
                and as such it 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
                    ``(B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                relating to the procedure of that House) at any time, 
                in the same manner, and to the same extent as in the 
                case of any other rule of that House.
            ``(9) For purposes of paragraphs (4) and (5) the 60-day 
        period shall be computed by excluding--
                    ``(A) the days in which either House is not in 
                session because of an adjournment of more than 3 days 
                to a day certain or an adjournment of the Congress sine 
                die, and
                    ``(B) any Saturday and Sunday, not excluded under 
                subparagraph (A), when either House is not in 
                session.''.

SEC. 5. ESTIMATION OF BARRIERS TO MARKET ACCESS.

    Section 181(a)(1)(C) of the Trade Act of 1974 (19 U.S.C. 
2241(a)(1)(C)) is amended by striking ``, if feasible,''.

SEC. 6. ACTIONS BY THE UNITED STATES TRADE REPRESENTATIVE.

    (a) Mandatory Action.--Section 301(a)(1)(B)(ii) of the Trade Act of 
1974 (19 U.S.C. 2411(a)(1)(B)(ii)) is amended by inserting ``(or 
threatens to burden or restrict)'' after ``restricts''.
    (b) Discretionary Action.--Section 301(b)(1) of such Act (19 U.S.C. 
2411(b)(1)) is amended by inserting ``(or threatens to burden or 
restrict)'' after ``restricts''.
    (c) Definitions.--Section 301(d) of such Act (19 U.S.C. 2411(d)) is 
amended by adding at the end thereof the following new paragraph:
            ``(10) An act, policy, or practice that threatens to burden 
        or restrict United States commerce is an act, policy, or 
        practice that does not currently burden or restrict United 
        States commerce, but, if not corrected, is reasonably expected 
        to burden or restrict United States commerce.''.

                                 <all>

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