[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1827 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1827

 To establish a Trade Enforcement Division in the Office of the United 
          States Trade Representative, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 2011

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

_______________________________________________________________________

                                 A BILL


 
 To establish a Trade Enforcement Division in the Office of the United 
          States Trade Representative, 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 of 2011''.

SEC. 2. ESTABLISHMENT OF TRADE ENFORCEMENT DIVISION AND DEPUTY UNITED 
              STATES TRADE REPRESENTATIVE FOR TRADE ENFORCEMENT.

    (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:

``SEC. 142. TRADE ENFORCEMENT DIVISION AND DEPUTY UNITED STATES TRADE 
              REPRESENTATIVE FOR TRADE ENFORCEMENT.

    ``(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 Deputy United States Trade 
Representative for Trade Enforcement.--
            ``(1) In general.--The Division shall be headed by a Deputy 
        United States Trade Representative for Trade Enforcement.
            ``(2) Appointment and nomination.--The Deputy United States 
        Trade Representative for Trade Enforcement 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 Deputy United States Trade Representative 
        for Trade Enforcement 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 Deputy United States Trade Representative 
        for Trade Enforcement shall hold office at the pleasure of the 
        President and shall have the rank of Ambassador.
    ``(c) Functions of Deputy United States Trade Representative for 
Trade Enforcement.--
            ``(1) Principal function.--The principal function of the 
        Deputy United States Trade Representative for Trade Enforcement 
        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 Deputy United States Trade 
        Representative for Trade Enforcement shall--
                    ``(A) assist the United States Trade Representative 
                in investigating and prosecuting disputes before the 
                World Trade Organization and pursuant to other 
                bilateral or regional 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 
                barriers imposed by foreign governments to the 
                importation of 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 Business.--
            ``(1) Establishment.--There is established within the 
        Division the Office of Trade Assistance for Small Business.
            ``(2) Functions.--The Office of Trade Assistance for Small 
        Business 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, 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 Business, 
        due to its 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 
        Business may consult with the Administrator of the Small 
        Business Administration and the heads of other appropriate 
        Federal departments and agencies.''.
    (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 Deputy United States Trade 
                            Representative for Trade Enforcement.''.
    (c) Compensation for Deputy United States Trade Representative for 
Trade Enforcement.--Section 5314 of title 5, United States Code, is 
amended by striking ``Deputy United States Trade Representatives (3).'' 
and inserting ``Deputy United States Trade Representatives (4).''.
    (d) Conforming Repeal.--Section 2112 of the Bipartisan Trade 
Promotion Authority Act of 2002 (19 U.S.C. 3812) is repealed.

SEC. 3. ESTABLISHMENT OF CHIEF MANUFACTURING NEGOTIATOR.

    (a) Establishment of Position.--Section 141(b)(2) of the Trade Act 
of 1974 (19 U.S.C. 2171(b)(2)) is amended to read as follows:
    ``(2) There shall be in the Office 3 Deputy United States Trade 
Representatives (in addition to the Deputy United States Trade 
Representative for Trade Enforcement established under section 142), 1 
Chief Agricultural Negotiator, and 1 Chief Manufacturing Negotiator who 
shall all 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 Manufacturing 
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 Manufacturing Negotiator shall hold office at 
the pleasure of the President and shall have the rank of Ambassador.''.
    (b) Functions of Position.--Section 141(c) of the Trade Act of 1974 
(19 U.S.C. 2171(c)) is amended--
            (1) by moving paragraph (5) 2 ems to the left; and
            (2) by adding at the end the following new paragraph:
    ``(6)(A) The principal function of the Chief Manufacturing 
Negotiator shall be to conduct trade negotiations and to enforce trade 
agreements relating to United States manufacturing products and 
services. The Chief Manufacturing Negotiator shall be a vigorous 
advocate on behalf of United States manufacturing interests and shall 
perform such other functions as the United States Trade Representative 
may direct.
    ``(B) Not later than 1 year after the date of the enactment of this 
paragraph, and annually thereafter, the Chief Manufacturing Negotiator 
shall 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 actions taken by the Chief Manufacturing Negotiator in the 
preceding year.''.
    (c) Compensation.--Section 5314 of title 5, United States Code, as 
amended by section 101(c), is further amended by inserting ``Chief 
Manufacturing Negotiator.'' after ``Chief Agricultural Negotiator.''.
    (d) Technical Amendments.--Section 141(e) of the Trade Act of 1974 
(19 U.S.C. 2171(e)) is amended--
            (1) in paragraph (1), by striking ``5314'' and inserting 
        ``5315''; and
            (2) in paragraph (2), by striking ``the maximum rate of pay 
        for grade GS-18, as provided in section 5332'' and inserting 
        ``the maximum rate of pay for level IV of the Executive 
        Schedule in section 5315''.
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