[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 708 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 708

To renew and extend the provisions relating to identification of trade 
            enforcement priorities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 31, 2011

Mr. Brown of Ohio (for himself, Ms. Stabenow, and Mr. Casey) introduced 
the following bill; which was read twice and referred to the Committee 
                               on Finance

_______________________________________________________________________

                                 A BILL


 
To renew and extend the provisions relating to 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 Enforcement Priorities Act''.

SEC. 2. IDENTIFICATION OF TRADE ENFORCEMENT PRIORITIES.

    (a) In General.--Section 310 of the Trade Act of 1974 (19 U.S.C. 
2420) is amended to read as follows:

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

    ``(a) Identification and Annual Report.--Not later than 75 days 
after the date that the National Trade Estimate under section 181(b) is 
required to be submitted each calendar year, the United States Trade 
Representative shall--
            ``(1) identify the trade enforcement priorities of the 
        United States;
            ``(2) identify trade enforcement actions that the United 
        States has taken during the previous year and provide an 
        assessment of the impact those enforcement actions have had in 
        addressing foreign trade barriers;
            ``(3) identify the priority foreign country trade practices 
        on which the Trade Representative will focus the trade 
        enforcement efforts of the United States during the upcoming 
        year; and
            ``(4) 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 priorities, 
        actions, assessments, and practices identified in paragraphs 
        (1), (2), and (3).
    ``(b) Factors To Consider.--In identifying priority foreign country 
trade practices under subsection (a)(3), the Trade Representative 
shall--
            ``(1) focus on those practices the elimination of which is 
        likely to have the most significant potential to increase 
        United States economic growth; and
            ``(2) concentrate on United States trading partners--
                    ``(A) that represent the largest trade deficit in 
                dollar value with the United States, excluding 
                petroleum and petroleum products;
                    ``(B) whose practices have the most negative impact 
                on maintaining and creating United States jobs, wages, 
                and productive capacity; and
                    ``(C) whose practices limit market access for 
                United States goods and services; and
            ``(3) take into account all relevant factors, including--
                    ``(A) the major barriers and trade distorting 
                practices described in the most recent National Trade 
                Estimate required under section 181(b);
                    ``(B) the findings and practices described in the 
                most recent 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); and
                            ``(iv) section 421 of the U.S.-China 
                        Relations Act of 2000 (22 U.S.C. 6951);
                    ``(C) the findings and practices described in any 
                other report addressing international trade and 
                investment barriers prepared by the Trade 
                Representative, the Department of Commerce, the 
                Department of Labor, the Department of Agriculture, and 
                the Department of State, or any other agency or 
                congressional commission during the 12 months preceding 
                the date on which the report described in subsection 
                (a)(4) is required to be submitted;
                    ``(D) a foreign country's compliance with its 
                obligations under any trade agreements to which both 
                the foreign country and the United States are parties;
                    ``(E) a foreign country's compliance with its 
                obligations under internationally recognized sanitary 
                and phytosanitary standards;
                    ``(F) the international competitive position and 
                export potential of United States products and 
                services; and
                    ``(G) the enforcement of customs laws relating to 
                anticircumvention and transshipment.
    ``(c) Consultation.--
            ``(1) In general.--Not later than 90 days after the date 
        that the National Trade Estimate under section 181(b) is 
        required to be submitted, 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, assessments, and 
        practices required to be identified in the report under 
        subsection (a).
            ``(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 of the 
        Committee, the Trade Representative shall include such 
        identification in the report required under subsection (a).
            ``(3) Determination not to include priority foreign country 
        trade practices.--The Trade Representative may determine not to 
        include the priority foreign country trade practice requested 
        under paragraph (2) in the report required under subsection (a) 
        only if the Trade Representative finds that--
                    ``(A) such practice is already being addressed 
                under provisions of United States trade law, under the 
                Uruguay Round Agreements (as defined in section 2(7) of 
                the Uruguay Round Agreements Act (19 U.S.C. 3501(7))), 
                under a bilateral or regional trade agreement, or as 
                part of trade negotiations with that foreign country or 
                other countries, and progress is being made toward the 
                elimination of such practice; or
                    ``(B) identification of such practice as a priority 
                foreign country trade practice would be contrary to the 
                interests of United States trade policy.
            ``(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 under subsection (a).
            ``(5) Report to be publicly available.--The Trade 
        Representative shall publish the report required under 
        subsection (a) in the Federal Register.
    ``(d) Investigation and Resolution.--
            ``(1) In general.--Not later than 120 days after the report 
        required under subsection (a) is submitted, the Trade 
        Representative shall engage in negotiations with the country 
        concerned in accordance with paragraph (2) or (3), as the case 
        may be, to resolve the practices identified in the report.
            ``(2) Actions with respect to practices of members of the 
        world trade organization or countries with which the united 
        states has a trade agreement in effect.--In the case of any 
        priority foreign country trade practice identified under 
        subsection (a) of a country that is a member of the World Trade 
        Organization or a country with which the United States has a 
        bilateral or regional trade agreement in effect, the Trade 
        Representative shall, not later than 120 days after the date 
        that the report described in subsection (a) is submitted--
                    ``(A)(i) initiate dispute settlement consultations 
                in the World Trade Organization; or
                    ``(ii) initiate dispute settlement consultations 
                under the applicable provisions of the bilateral or 
                regional trade agreement;
                    ``(B) 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
                    ``(C) take any other action necessary to facilitate 
                the elimination of the priority foreign country trade 
                practice.
            ``(3) Actions with respect to practices of other 
        countries.--In the case of any priority foreign country trade 
        practice identified under subsection (a) of a country that is 
        not described in paragraph (2), the Trade Representative shall, 
        not later than 120 days after the report described in 
        subsection (a) is submitted--
                    ``(A) initiate an investigation under section 
                302(b)(1);
                    ``(B) 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
                    ``(C) take any other action necessary to eliminate 
                the priority foreign country trade practice.
    ``(e) Additional Reporting.--
            ``(1) Report by trade representative.--Not later than 180 
        days after the date of the enactment of this section, and every 
        180 days thereafter, 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 on the progress 
        being made to realize the trade enforcement priorities 
        identified in subsection (a)(1) and the steps being taken to 
        address the priority foreign country trade practices identified 
        in subsection (a)(3).
            ``(2) Report by government accountability office.--Not 
        later than 2 years after the date of the enactment of this 
        section, and every 2 years thereafter, the Comptroller General 
        of the United States shall submit to the Committee on Finance 
        of the Senate and the Committee on Ways and Means of the House 
        of Representatives a report assessing the actions taken by the 
        Trade Representative to realize the trade enforcement 
        priorities identified in subsection (a)(1) and the steps being 
        taken to address the priority foreign country trade practices 
        identified in subsection (a)(3).''.
    (b) Conforming Amendment.--The table of contents for the Trade Act 
of 1974 is amended by striking the item relating to section 310, and 
inserting the following new item:

``Sec. 310. Identification of trade enforcement priorities.''.
                                 <all>