[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3233 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 3233

    To promote fair trade, allow for greater participation in trade 
   enforcement, and improve accountability and transparency in trade 
                                matters.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2017

  Mr. McKinley (for himself and Ms. Kaptur) introduced the following 
  bill; which was referred to the Committee on Ways and Means, and in 
  addition to the Committee on Oversight and Government Reform, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
    To promote fair trade, allow for greater participation in trade 
   enforcement, and improve accountability and transparency in trade 
                                matters.

    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 ``Fair Trade Accessibility and 
Accountability Act of 2017''.

SEC. 2. ASSISTANCE TO SMALL FIRMS TO FILE PETITIONS FOR COUNTERVAILING 
              DUTY INVESTIGATIONS AND ANTIDUMPING DUTY INVESTIGATIONS 
              UNDER THE TARIFF ACT OF 1930.

    (a) In General.--The Secretary of Commerce, acting through the 
Under Secretary for International Trade, shall provide financial 
assistance to small firms to assist such firms to prepare and file 
petitions (other than those petitions which, in the opinion of the 
Secretary, are frivolous) to seek to obtain the remedies and benefits 
available under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et 
seq.; relating to the imposition of countervailing duties and 
antidumping duties).
    (b) Application and Affirmative Determination With Respect to 
Petition.--The Secretary of Commerce may provide assistance under 
subsection (a) to a small firm if--
            (1) the firm submits to the Secretary an application for 
        such assistance at such time and in such form as the Secretary 
        may require; and
            (2)(A) in the case of assistance relating to a petition 
        filed under section 702(b) of the Tariff Act of 1930 (19 U.S.C. 
        1671a(b)), the administering authority makes an affirmative 
        determination with respect to the petition under section 
        702(c)(2) of such section; and
            (B) in the case of assistance relating to a petition filed 
        under section 732(b) of the Tariff Act of 1930 (19 U.S.C. 
        1673a(b)), the administering authority makes an affirmative 
        determination with respect to the petition under section 
        732(c)(2) of such section.
    (c) Evaluation.--The Secretary of Commerce shall review an 
application for assistance under subsection (a) submitted by a small 
firm based on the ability-to-pay of the firm and the economic impact 
that the firm has in its local community.
    (d) Amount of Assistance.--The amount of assistance under 
subsection (a) to a small firm may not exceed--
            (1) 75 percent of the costs relating to the filing of a 
        petition under section 702(b) or 732(b) of the Tariff Act of 
        1930 (as the case may be); and
            (2) the total costs associated with any preliminary 
        determinations or final determinations to which the petition 
        relates under subtitle A or B of title VII of the Tariff Act of 
        1930 (as the case may be).
    (e) Definitions.--In this section:
            (1) Administering authority.--The term ``administering 
        authority'' has the meaning given such term in section 771(1) 
        of the Tariff Act of 1930 (19 U.S.C. 1677(1)).
            (2) Small firm.--The term ``small firm'' means a firm 
        that--
                    (A) has average annual receipts of $40,000,000 or 
                less; or
                    (B) employs 1,500 or fewer individuals.

SEC. 3. MODIFICATION OF DETERMINATION OF INDUSTRY SUPPORT FOR PETITION 
              DETERMINATIONS UNDER COUNTERVAILING DUTY INVESTIGATIONS 
              AND ANTIDUMPING DUTY INVESTIGATIONS UNDER THE TARIFF ACT 
              OF 1930.

    (a) Countervailing Duty Investigations.--Section 702(c)(4) of the 
Tariff Act of 1930 (19 U.S.C. 1671a(c)(4)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``, if'' and all that follows 
                through ``(i) the'' and inserting ``, if the'';
                    (B) by striking ``25 percent'' and inserting ``10 
                percent'';
                    (C) by striking ``, and'' and inserting a period; 
                and
                    (D) by striking clause (ii);
            (2) by striking subparagraph (D); and
            (3) by redesignating subparagraph (E) as subparagraph (D).
    (b) Antidumping Duty Investigations.--Section 732(c)(4) of the 
Tariff Act of 1930 (19 U.S.C. 1673a(c)(4)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``, if'' and all that follows 
                through ``(i) the'' and inserting ``, if the'';
                    (B) by striking ``, and'' and inserting a period; 
                and
                    (C) by striking clause (ii);
            (2) by striking subparagraph (D); and
            (3) by redesignating subparagraph (E) as subparagraph (D).
    (c) Effective Date.--The amendments made by this section take 
effect on the date of the enactment of this Act and apply with respect 
to countervailing duty investigations under subtitle A of title VII of 
the Tariff Act of 1930 and antidumping duty investigations under 
subtitle B of title VII of the Tariff Act of 1930 that are initiated on 
or after the date that is 90 days after such date of enactment.

SEC. 4. AUTHORITY OF ITC TO ISSUE TRADE ENFORCEMENT ADVISORY OPINIONS.

    Section 332 of the Tariff Act of 1930 (19 U.S.C. 1332) is amended 
by adding at the end the following:
    ``(h) Trade Enforcement Advisory Opinions.--
            ``(1) In general.--A United States business enterprise may 
        file a detailed petition with the appropriate congressional 
        committees for purposes of requesting the Commission to 
        determine whether or not a foreign country has violated its 
        obligations under any trade agreement to which the United 
        States is a party with respect to trade in goods or services of 
        an industry in which the United States business enterprise is 
        located.
            ``(2) Review by committees.--The appropriate congressional 
        committees shall--
                    ``(A) review a petition filed under paragraph (1); 
                and
                    ``(B) upon agreement among the chairs and ranking 
                members of such committees, refer the petition to the 
                Commission.
            ``(3) Review by commission.--The Commission shall review 
        each petition that is referred to the Commission by the 
        appropriate congressional committees under paragraph (2)(B) to 
        determine whether or not there is a reasonable basis to 
        conclude that a violation described the petition occurred. The 
        Commission shall provide opportunity for comment by the foreign 
        government involved and other stakeholders that are invited to 
        comment by the Commission.
            ``(4) Advisory opinion.--Not later than 120 days after the 
        date on which a petition is referred to the Commission under 
        paragraph (2)(B), the Commission shall issue an advisory 
        opinion that contains a determination of the Commission as to 
        whether or not there is a reasonable basis to conclude that a 
        violation described in the petition occurred. The Commission 
        shall make available to the public all materials submitted to 
        the Commission relating to the petition.
            ``(5) Definitions.--In this subsection:
                    ``(A) Appropriate congressional committees.--The 
                term `appropriate congressional committees' means the 
                Committee on Ways and Means of the House of 
                Representatives and the Committee on Finance of the 
                Senate.
                    ``(B) Commission.--The term `Commission' means the 
                United States International Trade Commission.
                    ``(C) United states business enterprise.--The term 
                `United States business enterprise' means an entity 
                organized under the laws of the United States or of any 
                jurisdiction within the United States, including a 
                foreign branch of such an entity.''.

SEC. 5. SENSE OF CONGRESS ON STATUS OF THE PEOPLE'S REPUBLIC OF CHINA 
              AS A NONMARKET ECONOMY COUNTRY.

    It is the sense of Congress that--
            (1) the status of the People's Republic of China as a 
        nonmarket economy country should remain in effect until the 
        Government of the People's Republic of China demonstrates that 
        it meets all of the criteria for treatment as a market economy 
        as set forth in section 771(18)(B) of the Tariff Act of 1930 
        (19 U.S.C. 1677(18)(B)); and
            (2) the President should provide for the full and effective 
        application of United States antidumping and countervailing 
        duty laws against the People's Republic of China and all other 
        nonmarket economy countries until such time as such country 
        meets all of the criteria for treatment as a market economy 
        country as set forth in section 771(18)(B) of the Tariff Act of 
        1930.

SEC. 6. MADE IN AMERICA GSA SCHEDULE.

    (a) Made in America Description Requirement.--
            (1) In general.--Any good listed on a Federal supply 
        schedule of the General Services Administration that is 
        described as made, produced, or manufactured in America or some 
        other similar description that indicates the good was made, 
        produced, or manufactured in the United States is required to 
        have all or virtually all of the good and the component parts 
        of the good made, produced, or manufactured, as applicable, and 
        assembled, if applicable, in the United States.
            (2) Enforcement.--The Administrator of General Services 
        shall enforce the requirement described under paragraph (1) 
        using the Made in USA Standard by the Federal Trade Commission 
        to define ``all or virtually all''.
    (b) Penalty for Noncompliance.--
            (1) First-time offender.--The supplier of any good found 
        not in compliance with the requirement described under 
        subsection (a) is subject to a civil penalty of $100,000 for 
        each such good not in compliance.
            (2) Subsequent offense.--The supplier of any good found not 
        in compliance with the requirement described under subsection 
        (a) who has previously been found not in compliance and fined 
        under paragraph (1)--
                    (A) is subject to a civil penalty of $300,000 for 
                each such good not in compliance; and
                    (B) shall be permanently debarred from listing any 
                good on a Federal supply schedule.
    (c) Tip Line.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Administrator of General 
        Services shall establish a tip line that allows an individual 
        to report any violation of subsection (a).
            (2) Reward.--Any tip submitted by an individual that, in 
        the determination of the Administrator, led to the discovery of 
        a violation of subsection (a), shall entitle such individual to 
        75 percent of any fine imposed under subsection (b). The 
        Administrator shall establish a process to determine 
        distribution under this paragraph.
    (d) Notification Required.--Not later than 180 days after the date 
of the enactment of this Act, the Administrator of General Services 
shall notify each supplier of a good listed on a Federal supply 
schedule of the requirements of this Act.
    (e) Effective Date; Applicability.--Except as provided in 
subsections (c)(1) and (d), this section shall take effect 90 days 
after the date of the enactment of this Act and shall apply with 
respect to any contract entered into after the date of the enactment of 
this Act that is related to posting a good on a Federal supply 
schedule.
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