[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2786 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2786

          To strengthen United States trade enforcement laws.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 10, 2004

   Mr. Bayh introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
          To strengthen United States trade enforcement laws.

    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 ``Get Tough on Trade Act''.

SEC. 2. IDENTIFICATION OF TRADE EXPANSION PRIORITIES.

    Section 310 of the Trade Act of 1974 is amended to read as follows:

``SEC. 310. IDENTIFICATION OF TRADE EXPANSION PRIORITIES.

    ``(a) Identification.--
            ``(1) Identification and report.--Within 30 days after the 
        submission in each of calendar year 2005 through 2009 of the 
        report required by section 181(b), the Trade Representative 
        shall--
                    ``(A) review United States trade expansion 
                priorities;
                    ``(B) identify priority foreign country practices, 
                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; and
                    ``(C) submit to the Committee on Finance of the 
                Senate and the Committee on Ways and Means of the House 
                of Representatives and publish in the Federal Register 
                a report on the priority foreign country practices 
                identified.
            ``(2) Factors.--In identifying priority foreign country 
        practices under paragraph (1), the Trade Representative shall 
        take into account all relevant factors, including--
                    ``(A) the major barriers and trade distorting 
                practices described in the National Trade Estimate 
                Report required under section 181(b);
                    ``(B) the trade agreements to which a foreign 
                country is a party and its compliance with those 
                agreements;
                    ``(C) the medium- and long-term implications of 
                foreign government procurement plans; and
                    ``(D) the international competitive position and 
                export potential of United States products and 
                services.
            ``(3) Contents of report.--The Trade Representative may 
        include in the report, if appropriate--
                    ``(A) a description of foreign country practices 
                that may in the future warrant identification as 
                priority foreign country practices; and
                    ``(B) a statement about other foreign country 
                practices that were not identified because they are 
                already being addressed by provisions of United States 
                trade law, by existing bilateral trade agreements, or 
                as part of trade negotiations with other countries and 
                progress is being made toward the elimination of such 
                practices.
    ``(b) Initiation of Consultations.--By no later than the date that 
is 21 days after the date on which a report is submitted to the 
appropriate congressional committees under subsection (a)(1), the Trade 
Representative shall seek consultations with each foreign country 
identified in the report as engaging in priority foreign country 
practices for the purpose of reaching a satisfactory resolution of such 
priority practices.
    ``(c) Initiation of Investigation.--If a satisfactory resolution of 
priority foreign country practices has not been reached under 
subsection (b) within 90 days after the date on which a report is 
submitted to the appropriate congressional committees under subsection 
(a)(1), the Trade Representative shall initiate under section 302(b)(1) 
an investigation under this chapter with respect to such priority 
foreign country practices.
    ``(d) Agreements for the Elimination of Barriers.--In the 
consultations with a foreign country that the Trade Representative is 
required to request under section 303(a) with respect to an 
investigation initiated by reason of subsection (c), the Trade 
Representative shall seek to negotiate an agreement that provides for 
the elimination of the practices that are the subject of the 
investigation as quickly as possible or, if elimination of 
the practices is not feasible, an agreement that provides for 
compensatory trade benefits.
    ``(e) Reports.--The Trade Representative shall include in the 
semiannual report required by section 309 a report on the status of any 
investigations initiated pursuant to subsection (c) and, where 
appropriate, the extent to which such investigations have led to 
increased opportunities for the export of products and services of the 
United States.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations for the Office of the General 
Counsel and the Office of Monitoring and Enforcement.--There are 
authorized to be appropriated to the Office of the United States Trade 
Representative for the appointment of additional staff in the Office of 
the General Counsel and the Office of Monitoring and Enforcement--
            (1) $2,000,000 for fiscal year 2005; and
            (2) $2,000,000 for fiscal year 2006.
    (b) Responsibilities of Additional Staff.--The responsibilities of 
the additional staff appointed under subsection (a) shall include--
            (1) investigating, prosecuting, and defending cases before 
        the World Trade Organization and under trade agreements to 
        which the United States is a party;
            (2) administering United States trade laws, including title 
        III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) and other 
        trade laws relating to foreign government barriers to United 
        States goods and services, including barriers involving 
        intellectual property rights, government procurement, and 
        telecommunications; and
            (3) monitoring compliance with the Uruguay Round Agreements 
        (as defined in section 2 of the Uruguay Round Agreements Act 
        (19 U.S.C. 3501)) and other trade agreements, particularly by 
        the People's Republic of China.

SEC. 4. CHIEF ENFORCEMENT NEGOTIATOR.

    Section 141 of the Trade Act of 1974 (19 U.S.C. 2171) is amended--
            (1) by amending subsection (b)(2) to read as follows:
    ``(2) There shall be in the Office 3 Deputy United States Trade 
Representatives, 1 Chief Agricultural Negotiator, and 1 Chief 
Enforcement Negotiator. The 3 Deputy United States Trade 
Representatives and the 2 Chief Negotiators 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 a 
Deputy United States Trade Representative, the Chief Agricultural 
Negotiator, or the Chief Enforcement Negotiator submitted to the Senate 
for its advice and consent, and referred to a committee, shall be 
referred to the Committee on Finance. Each Deputy United States Trade 
Representative, the Chief Agricultural Negotiator, and the Chief 
Enforcement Negotiator shall hold office at the pleasure of the 
President and shall have the rank of Ambassador.''; and
            (2) in subsection (c), by adding at the end the following 
        new paragraph:
    ``(6) The principal function of the Chief Enforcement Negotiator 
shall be to conduct negotiations to ensure compliance with trade 
agreements relating to United States manufactured goods and services. 
The Chief Enforcement Negotiator shall recommend investigating and 
prosecuting cases before the World Trade Organization and under trade 
agreements to which the United States is a party. The Chief Enforcement 
Negotiator shall recommend administering United States trade laws 
relating to foreign government barriers to United States goods and 
services. The Chief Enforcement Negotiator shall perform such other 
functions as the United States Trade Representative may direct.''.
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