II 112th CONGRESS 1st Session S. 1827 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.

1.

Short title

This Act may be cited as the Trade Prosecutor Act of 2011.

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:

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.

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.