I 

112TH CONGRESS 

1ST SESSION H. R. 1518 

To amend section 310 of the Trade Act of 1974 to strengthen provisions 

relating to the identification of United States trade expansion priorities. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2011 

Mr. CRITZ (for himself and Ms. LINDA T. SA ́NCHEZ of California) introduced 

the following bill; which was referred to the Committee on Ways and Means 

A BILL 

To amend section 310 of the Trade Act of 1974 to strengthen provisions relating to the identification of United 

States trade expansion priorities. 

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 Enforcement 

5 Priorities Act’’. 

6 SEC. 2. IDENTIFICATION OF TRADE EXPANSION PRIOR7 ITIES. 

8 (a) IDENTIFICATION OF TRADE EXPANSION PRIOR9 ITIES.—Section 310 of the Trade Act of 1974 (19 U.S.C. 

10 2420) is amended to read as follows: 

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1 ‘‘SEC. 310. IDENTIFICATION OF TRADE EXPANSION PRIOR2 ITIES. 

3 ‘‘(a) IDENTIFICATION.— 

4 ‘‘(1) IDENTIFICATION AND REPORT.—Within 30 

5 days after the submission in each calendar year of 

6 the report required by section 181(b), the United 

7 States Trade Representative shall— 

8 ‘‘(A) review United States trade expansion 

9 priorities; 

10 ‘‘(B) identify priority foreign country prac11 tices the elimination of which is likely to have 

12 the most significant potential to increase 

13 United States exports, either directly or 

14 through the establishment of a beneficial prece15 dent; and 

16 ‘‘(C) submit to the Committee on Finance 

17 of the Senate and the Committee on Ways and 

18 Means of the House of Representatives and 

19 publish in the Federal Register a report on the 

20 priority foreign country practices so identified. 

21 ‘‘(2) FACTORS.—In identifying priority foreign 

22 country practices under paragraph (1), the Trade 

23 Representative shall take into account all relevant 

24 factors, including— 

25 ‘‘(A) the major barriers and trade dis26 torting practices described in the National 

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1 Trade Estimate Report required under section 

2 181(b); 

3 ‘‘(B) the trade agreements to which a for4 eign country is a party and its compliance with 

5 those agreements; 

6 ‘‘(C) the medium- and long-term implica7 tions of foreign government procurement plans; 

8 and 

9 ‘‘(D) the international competitive position 

10 and export potential of United States products 

11 and services. 

12 ‘‘(3) CONTENTS OF REPORT.—The Trade Rep13 resentative may include in the report, if appro14 priate— 

15 ‘‘(A) a description of foreign country prac16 tices that may in the future warrant identifica17 tion as priority foreign country practices; and 

18 ‘‘(B) a statement about other foreign coun19 try practices that were not identified because 

20 they are already being addressed by provisions 

21 of United States trade law, by existing bilateral 

22 trade agreements, or as part of trade negotia23 tions with other countries, and because progress 

24 is being made toward the elimination of such 

25 practices. 

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1 ‘‘(b) INITIATION OF CONSULTATIONS.—By no later 

2 than the date that is 21 days after the date on which a 

3 report is submitted to the appropriate congressional com4 mittees under subsection (a)(1)(C), the Trade Representa5 tive should seek consultations with each foreign country 

6 identified in the report as engaging in priority foreign 

7 country practices for the purpose of reaching a satisfac8 tory resolution of such priority practices. 

9 ‘‘(c) INITIATION OF INVESTIGATION.—If the Trade 

10 Representative seeks consultations under subsection (b) 

11 and a satisfactory resolution of the priority foreign coun12 try practices involved has not been reached within 90 days 

13 after the date on which a report is submitted to the appro14 priate congressional committees under subsection 

15 (a)(1)(C), the Trade Representative shall initiate under 

16 section 302(b)(1) an investigation under this chapter with 

17 respect to such priority foreign country practices. 

18 ‘‘(d) AGREEMENTS FOR THE ELIMINATION OF BAR19 RIERS.—In the consultations with a foreign country that 

20 the Trade Representative is required to request under sec21 tion 303(a) with respect to an investigation initiated by 

22 reason of subsection (c), the Trade Representative shall 

23 seek to negotiate an agreement that provides for the elimi24 nation of the practices that are the subject of the inves25 tigation as quickly as possible or, if elimination of the 

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1 practices is not feasible, an agreement that provides for 

2 compensatory trade benefits. 

3 ‘‘(e) REPORTS.—The Trade Representative shall in4 clude in the semiannual report required by section 309(3) 

5 a report on the status of any investigations initiated pur6 suant to subsection (c) and, where appropriate, the extent 

7 to which such investigations have led to increased opportu8 nities for the export of products and services of the United 

9 States.’’. 

10 (b) CONFORMING AMENDMENT.—The item relating 

11 to section 310 in the table of contents of the Trade Act 

12 of 1974 is amended to read as follows: 

‘‘Sec. 310. Identification of trade expansion priorities.’’. 

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