I 

111TH CONGRESS 

2D SESSION H. R. 6007 

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 

JULY 30, 2010 

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

BOCCIERI) 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’’. 

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1 SEC. 2. IDENTIFICATION OF TRADE EXPANSION PRIOR2 ITIES. 

3 (a) IDENTIFICATION OF TRADE EXPANSION PRIOR4 ITIES.—Section 310 of the Trade Act of 1974 (19 U.S.C. 

5 2420) is amended to read as follows: 

6 ‘‘SEC. 310. IDENTIFICATION OF TRADE EXPANSION PRIOR7 ITIES. 

8 ‘‘(a) IDENTIFICATION.— 

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

10 days after the submission in each calendar year of 

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

12 States Trade Representative shall— 

13 ‘‘(A) review United States trade expansion 

14 priorities; 

15 ‘‘(B) identify priority foreign country prac16 tices the elimination of which is likely to have 

17 the most significant potential to increase 

18 United States exports, either directly or 

19 through the establishment of a beneficial prece20 dent; and 

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

22 of the Senate and the Committee on Ways and 

23 Means of the House of Representatives and 

24 publish in the Federal Register a report on the 

25 priority foreign country practices so identified. 

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

2 country practices under paragraph (1), the Trade 

3 Representative shall take into account all relevant 

4 factors, including— 

5 ‘‘(A) the major barriers and trade dis6 torting practices described in the National 

7 Trade Estimate Report required under section 

8 181(b); 

9 ‘‘(B) the trade agreements to which a for10 eign country is a party and its compliance with 

11 those agreements; 

12 ‘‘(C) the medium- and long-term implica13 tions of foreign government procurement plans; 

14 and 

15 ‘‘(D) the international competitive position 

16 and export potential of United States products 

17 and services. 

18 ‘‘(3) CONTENTS OF REPORT.—The Trade Rep19 resentative may include in the report, if appro20 priate— 

21 ‘‘(A) a description of foreign country prac22 tices that may in the future warrant identifica23 tion as priority foreign country practices; and 

24 ‘‘(B) a statement about other foreign coun25 try practices that were not identified because 

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1 they are already being addressed by provisions 

2 of United States trade law, by existing bilateral 

3 trade agreements, or as part of trade negotia4 tions with other countries, and because progress 

5 is being made toward the elimination of such 

6 practices. 

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

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

9 report is submitted to the appropriate congressional com10 mittees under subsection (a)(1)(C), the Trade Representa11 tive should seek consultations with each foreign country 

12 identified in the report as engaging in priority foreign 

13 country practices for the purpose of reaching a satisfac14 tory resolution of such priority practices. 

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

16 Representative seeks consultations under subsection (b) 

17 and a satisfactory resolution of the priority foreign coun18 try practices involved has not been reached within 90 days 

19 after the date on which a report is submitted to the appro20 priate congressional committees under subsection 

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

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

23 respect to such priority foreign country practices. 

24 ‘‘(d) AGREEMENTS FOR THE ELIMINATION OF BAR25 RIERS.—In the consultations with a foreign country that 

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1 the Trade Representative is required to request under sec2 tion 303(a) with respect to an investigation initiated by 

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

4 seek to negotiate an agreement that provides for the elimi5 nation of the practices that are the subject of the inves6 tigation as quickly as possible or, if elimination of the 

7 practices is not feasible, an agreement that provides for 

8 compensatory trade benefits. 

9 ‘‘(e) REPORTS.—The Trade Representative shall in10 clude in the semiannual report required by section 309(3) 

11 a report on the status of any investigations initiated pur12 suant to subsection (c) and, where appropriate, the extent 

13 to which such investigations have led to increased opportu14 nities for the export of products and services of the United 

15 States.’’. 

16 (b) CONFORMING AMENDMENT.—The item relating 

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

18 of 1974 is amended to read as follows: 

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

Æ 

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