[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 445 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 445

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 31, 2007

 Ms. Stabenow (for herself, Mr. Graham, and Mr. Levin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
  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.

    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 ``Trade Prosecutor Act''.

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:

``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').
    ``(b) Establishment of Position of Trade Enforcement Officer.--
            ``(1) In general.--The Division shall be headed by a Trade 
        Enforcement Officer.
            ``(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.
            ``(3) Rank.--The Trade Enforcement Officer shall hold 
        office at the pleasure of the President and shall have the rank 
        of Ambassador.
    ``(c) Functions of Trade Enforcement Officer.--
            ``(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.
            ``(2) Additional functions.--The Trade Enforcement Officer 
        shall--
                    ``(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;
                    ``(B) assist the United States Trade Representative 
                in carrying out the United States Trade 
                Representative's functions under section 141(d);
                    ``(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; and
                    ``(D) perform such other functions as the United 
                States Trade Representative may direct.
    ``(d) Office of Trade Assistance for Small Businesses.--
            ``(1) Establishment.--There is established within the 
        Division the Office of Trade Assistance for Small Businesses.
            ``(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.
            ``(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.
    ``(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.''.
    (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:

``Sec. 142. Trade Enforcement Division and Trade Enforcement 
                            Officer.''.
    (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.''.

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:

``SEC. 311. IDENTIFICATION OF TRADE ENFORCEMENT PRIORITIES.

    ``(a) Identification and Annual Report.--
            ``(1) In general.--Not later than 75 days after the 
        submission of the report required by section 181(b), the Trade 
        Representative shall annually--
                    ``(A) identify United States trade enforcement 
                priorities;
                    ``(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;
                    ``(C) identify priority foreign country trade 
                practices on which the Trade Representative will focus 
                enforcement efforts;
                    ``(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); and
                    ``(E) publish the report required by subparagraph 
                (D) in the Federal Register.
            ``(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--
                    ``(A) the major barriers and trade distorting 
                practices described in the most recent available report 
                submitted under section 181(b);
                    ``(B) the findings and practices described in the 
                most recent available report required under--
                            ``(i) section 182;
                            ``(ii) section 1377 of the Omnibus Trade 
                        and Competitiveness Act of 1988 (19 U.S.C. 
                        3106);
                            ``(iii) section 3005 of the Omnibus Trade 
                        and Competitiveness Act of 1988 (22 U.S.C. 
                        5305);
                            ``(iv) section 421 of the U.S.-China 
                        Relations Act of 2000 (22 U.S.C. 6951); and
                            ``(v) any other report prepared by the 
                        Trade Representative or any other agency 
                        relating to international trade and investment;
                    ``(C) the trade agreements to which a foreign 
                country is a party and the compliance of the foreign 
                country with such agreements;
                    ``(D) the medium- and long-term implications of 
                foreign government procurement plans; and
                    ``(E) the international competitive position and 
                export potential of United States products and 
                services.
            ``(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.
            ``(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.
    ``(b) Consultation.--
            ``(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).
            ``(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).
            ``(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--
                    ``(A) the Trade Representative finds that--
                            ``(i) such practice is already being 
                        addressed--
                                    ``(I) under provisions of United 
                                States trade law;
                                    ``(II) under the Uruguay Round 
                                Agreements (as defined in section 2(7) 
                                of the Uruguay Round Agreements Act (19 
                                U.S.C. 3501(7)));
                                    ``(III) under any bilateral or 
                                regional trade agreement; or
                                    ``(IV) as part of trade 
                                negotiations with the foreign country 
                                or other countries engaging in such 
                                practice; and
                            ``(ii) progress is being made toward the 
                        elimination of such practice; or
                    ``(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.
            ``(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).
    ``(c) Investigation and Resolution.--
            ``(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.
            ``(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--
                    ``(A) initiate dispute settlement consultations in 
                the World Trade Organization;
                    ``(B) initiate dispute settlement consultations 
                under the applicable provisions of any bilateral or 
                regional trade agreement to which the United States is 
                a party;
                    ``(C) initiate an investigation under section 
                302(b);
                    ``(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; or
                    ``(E) take any other action necessary to eliminate 
                the priority foreign country trade practice.
            ``(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--
                    ``(A) describing the action taken under 
                subparagraph (E) of paragraph (2) and the reasons for 
                taking the action; and
                    ``(B) stating in detail the reasons the Trade 
                Representative did not take action under subparagraphs 
                (A) through (D) of paragraph (2).
    ``(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--
            ``(1) the progress being made to realize the trade 
        enforcement priorities identified in subsection (a)(1)(A); and
            ``(2) the steps being taken to address the priority foreign 
        country trade practices identified in subsection (a)(1)(C).''.
    (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:

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

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.
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