II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Trade Prosecutor Act 

5 of 2011’’. 


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1 SEC. 2. ESTABLISHMENT OF TRADE ENFORCEMENT DIVI2 SION AND DEPUTY UNITED STATES TRADE 

3 REPRESENTATIVE FOR TRADE ENFORCE4 MENT. 

5 (a) ESTABLISHMENT.—Chapter 4 of title I of the 

6 Trade Act of 1974 (19 U.S.C. 2171) is amended by add7 ing at the end the following: 

8 ‘‘SEC. 142. TRADE ENFORCEMENT DIVISION AND DEPUTY 

9 UNITED STATES TRADE REPRESENTATIVE 

10 FOR TRADE ENFORCEMENT. 

11 ‘‘(a) ESTABLISHMENT OF TRADE ENFORCEMENT DI12 VISION.—There is established within the Office of the 

13 United States Trade Representative a Trade Enforcement 

14 Division (in this section referred to as the ‘Division’). 

15 ‘‘(b) ESTABLISHMENT OF POSITION OF DEPUTY

16 UNITED STATES TRADE REPRESENTATIVE FOR TRADE

17 ENFORCEMENT.— 

18 ‘‘(1) IN GENERAL.—The Division shall be head19 ed by a Deputy United States Trade Representative 

20 for Trade Enforcement. 

21 ‘‘(2) APPOINTMENT AND NOMINATION.—The 

22 Deputy United States Trade Representative for 

23 Trade Enforcement shall be appointed by the Presi24 dent, by and with the advice and consent of the Sen25 ate. As an exercise of the rulemaking power of the 

26 Senate, any nomination of the Deputy United States 


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1 Trade Representative for Trade Enforcement sub2 mitted to the Senate for its advice and consent, and 

3 referred to a committee, shall be referred to the 

4 Committee on Finance. 

5 ‘‘(3) RANK.—The Deputy United States Trade 

6 Representative for Trade Enforcement shall hold of7 fice at the pleasure of the President and shall have 

8 the rank of Ambassador. 

9 ‘‘(c) FUNCTIONS OF DEPUTY UNITED STATES

10 TRADE REPRESENTATIVE FOR TRADE ENFORCEMENT.— 

11 ‘‘(1) PRINCIPAL FUNCTION.—The principal 

12 function of the Deputy United States Trade Rep13 resentative for Trade Enforcement shall be to ensure 

14 that United States trading partners comply with 

15 trade agreements to which the United States is a 

16 party. 

17 ‘‘(2) ADDITIONAL FUNCTIONS.—The Deputy 

18 United States Trade Representative for Trade En19 forcement shall— 

20 ‘‘(A) assist the United States Trade Rep21 resentative in investigating and prosecuting dis22 putes before the World Trade Organization and 

23 pursuant to other bilateral or regional trade 

24 agreements to which the United States is a 

25 party; 


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1 ‘‘(B) assist the United States Trade Rep2 resentative in carrying out the United States 

3 Trade Representative’s functions under section 

4 141(d); 

5 ‘‘(C) make recommendations with respect 

6 to the administration of United States trade 

7 laws relating to barriers imposed by foreign 

8 governments to the importation of United 

9 States goods, services, and intellectual property, 

10 and other trade matters; and 

11 ‘‘(D) perform such other functions as the 

12 United States Trade Representative may direct. 

13 ‘‘(d) OFFICE OF TRADE ASSISTANCE FOR SMALL

14 BUSINESS.— 

15 ‘‘(1) ESTABLISHMENT.—There is established 

16 within the Division the Office of Trade Assistance 

17 for Small Business. 

18 ‘‘(2) FUNCTIONS.—The Office of Trade Assist19 ance for Small Business shall provide technical and 

20 legal assistance and advice to eligible small busi21 nesses to enable such small businesses to prepare 

22 and file petitions (other than those that, in the opin23 ion of the Office, are frivolous) under section 302. 

24 ‘‘(3) ELIGIBLE SMALL BUSINESS DEFINED.— 

25 The term ‘eligible small business’ means any busiVerDate Mar 15 2010 04:01 Nov 09, 2011 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1827.IS S1827

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1 ness concern that, in the judgment of the Office of 

2 Trade Assistance for Small Business, due to its size, 

3 has neither adequate internal resources nor financial 

4 ability to obtain qualified outside assistance in pre5 paring and filing petitions and complaints under sec6 tion 302. In determining whether a business concern 

7 is an eligible small business, the Office of Trade As8 sistance for Small Business may consult with the 

9 Administrator of the Small Business Administration 

10 and the heads of other appropriate Federal depart11 ments and agencies.’’. 

12 (b) CONFORMING AMENDMENT.—The table of con13 tents for the Trade Act of 1974 is amended by inserting 

14 after the item relating to section 141 the following: 

‘‘Sec. 142. Trade Enforcement Division and Deputy United States Trade Representative for Trade Enforcement.’’. 

15 (c) COMPENSATION FOR DEPUTY UNITED STATES

16 TRADE REPRESENTATIVE FOR TRADE ENFORCEMENT.— 

17 Section 5314 of title 5, United States Code, is amended 

18 by striking ‘‘Deputy United States Trade Representatives 

19 (3).’’ and inserting ‘‘Deputy United States Trade Rep20 resentatives (4).’’. 

21 (d) CONFORMING REPEAL.—Section 2112 of the Bi22 partisan Trade Promotion Authority Act of 2002 (19 

23 U.S.C. 3812) is repealed. 


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1 SEC. 3. ESTABLISHMENT OF CHIEF MANUFACTURING NE2 GOTIATOR. 

3 (a) ESTABLISHMENT OF POSITION.—Section 

4 141(b)(2) of the Trade Act of 1974 (19 U.S.C. 

5 2171(b)(2)) is amended to read as follows: 

6 ‘‘(2) There shall be in the Office 3 Deputy United 

7 States Trade Representatives (in addition to the Deputy 

8 United States Trade Representative for Trade Enforce9 ment established under section 142), 1 Chief Agricultural 

10 Negotiator, and 1 Chief Manufacturing Negotiator who 

11 shall all be appointed by the President, by and with the 

12 advice and consent of the Senate. As an exercise of the 

13 rulemaking power of the Senate, any nomination of a Dep14 uty United States Trade Representative, the Chief Agri15 cultural Negotiator, or the Chief Manufacturing Nego16 tiator submitted to the Senate for its advice and consent, 

17 and referred to a committee, shall be referred to the Com18 mittee on Finance. Each Deputy United States Trade 

19 Representative, the Chief Agricultural Negotiator, and the 

20 Chief Manufacturing Negotiator shall hold office at the 

21 pleasure of the President and shall have the rank of Am22 bassador.’’. 

23 (b) FUNCTIONS OF POSITION.—Section 141(c) of the 

24 Trade Act of 1974 (19 U.S.C. 2171(c)) is amended— 

25 (1) by moving paragraph (5) 2 ems to the left; 

26 and 


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1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(6)(A) The principal function of the Chief Manufac4 turing Negotiator shall be to conduct trade negotiations 

5 and to enforce trade agreements relating to United States 

6 manufacturing products and services. The Chief Manufac7 turing Negotiator shall be a vigorous advocate on behalf 

8 of United States manufacturing interests and shall per9 form such other functions as the United States Trade 

10 Representative may direct. 

11 ‘‘(B) Not later than 1 year after the date of the en12 actment of this paragraph, and annually thereafter, the 

13 Chief Manufacturing Negotiator shall submit to the Com14 mittee on Finance of the Senate and the Committee on 

15 Ways and Means of the House of Representatives a report 

16 on the actions taken by the Chief Manufacturing Nego17 tiator in the preceding year.’’. 

18 (c) COMPENSATION.—Section 5314 of title 5, United 

19 States Code, as amended by section 101(c), is further 

20 amended by inserting ‘‘Chief Manufacturing Negotiator.’’ 

21 after ‘‘Chief Agricultural Negotiator.’’. 

22 (d) TECHNICAL AMENDMENTS.—Section 141(e) of 

23 the Trade Act of 1974 (19 U.S.C. 2171(e)) is amended— 

24 (1) in paragraph (1), by striking ‘‘5314’’ and 

25 inserting ‘‘5315’’; and 


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1 (2) in paragraph (2), by striking ‘‘the max2 imum rate of pay for grade GS–18, as provided in 

3 section 5332’’ and inserting ‘‘the maximum rate of 

4 pay for level IV of the Executive Schedule in section 

5 5315’’. 

Æ 


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