```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1919 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                S. 1919

  To establish trade enforcement priorities for the United States, to 
  strengthen the provisions relating to trade remedies, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2007

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

_______________________________________________________________________

                                 A BILL

 
  To establish trade enforcement priorities for the United States, to 
  strengthen the provisions relating to trade remedies, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Trade Enforcement 
Act of 2007''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                 TITLE I--TRADE ENFORCEMENT PRIORITIES

Sec. 101. Identification of trade enforcement priorities.
           TITLE II--WTO DISPUTE SETTLEMENT REVIEW COMMISSION

Sec. 201. Definitions.
Sec. 202. Establishment of Commission.
Sec. 203. Membership.
Sec. 204. Duties of the Commission.
Sec. 205. Powers of the Commission.
Sec. 206. Changes in agency regulations or practice relating to adverse 
                            finding.
           TITLE III--MARKET DISRUPTION BY IMPORTS FROM CHINA

Sec. 301. Limitation on presidential discretion.
    TITLE IV--STRENGTHENING ANTIDUMPING AND COUNTERVAILING DUTY LAWS

Sec. 401. Application of countervailing duties to nonmarket economies.
Sec. 402. Clarification of determination of material injury.
                  TITLE V--TRADE ENFORCEMENT PERSONNEL

Sec. 501. Chief Trade Enforcement Officer.
Sec. 502. Trade Enforcement Working Group.
Sec. 503. Authorization of appropriations.
         TITLE VI--INTELLECTUAL PROPERTY ENFORCEMENT PERSONNEL

Sec. 601. Section 337 judges.
               TITLE VII--INTERAGENCY TRADE ORGANIZATION

Sec. 701. Clarification of role of interagency trade organization 
                            established under section 242(a) of the 
                            Trade Expansion Act of 1962.

                 TITLE I--TRADE ENFORCEMENT PRIORITIES

SEC. 101. 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, either directly or through the 
        establishment of a beneficial precedent; and
            ``(2) 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 or any other agency 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 any trade 
                agreements to which both the foreign country and the 
                United States are parties;
                    ``(E) a foreign country's compliance with 
                internationally recognized sanitary and phytosanitary 
                standards;
                    ``(F) the implications of a foreign country's 
                procurement plans and policies; and
                    ``(G) the international competitive position and 
                export potential of United States products and 
                services.
    ``(c) Consultation.--
            ``(1) In general.--Not later than 45 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).
    ``(d) Investigation and Resolution.--
            ``(1) In general.--Upon submission of the report required 
        under subsection (a), the Trade Representative shall, with 
        respect to any priority foreign country trade practice 
        identified, seek satisfactory resolution with the country 
        concerned under the auspices of the World Trade Organization, 
        pursuant to a bilateral or regional trade agreement to which 
        the United States is a party, or by any other means. A 
        satisfactory resolution may include elimination of the practice 
        or, if not feasible, providing for compensatory trade benefits.
            ``(2) Consultations; investigations.--Not later than 120 
        days after the date that the report described in subsection (a) 
        is required to be submitted, the Trade Representative shall, 
        with respect to any priority foreign country trade practice 
        identified--
                    ``(A) initiate dispute settlement consultations in 
                the World Trade Organization;
                    ``(B) initiate dispute settlement consultations 
                under the applicable provisions of any bilateral or 
                regional trade agreement to which the United States is 
                a party;
                    ``(C) initiate an investigation under section 
                302(b)(1);
                    ``(D) 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
                    ``(E) take any other action necessary to eliminate 
                the priority foreign country trade practice.
            ``(3) Report.--If the Trade Representative takes action 
        under subparagraph (E) of paragraph (2), the Trade 
        Representative shall, on the same day the Trade Representative 
        takes such action, transmit to Congress a report describing in 
        detail the action, the reasons for taking the action, and the 
        reasons why the Trade Representative did not take action under 
        subparagraphs (A) through (D) of such paragraph.
    ``(e) Additional Reporting.--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 every 6 months 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).''.
    (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.''.

           TITLE II--WTO DISPUTE SETTLEMENT REVIEW COMMISSION

SEC. 201. DEFINITIONS.

    For purposes of this title--
            (1) Adverse finding.--The term ``adverse finding'' means a 
        finding by a dispute settlement panel or the Appellate Body 
        that any law, regulation, or practice of, or application 
        thereof by, the United States or any State is inconsistent with 
        the obligations of the United States under a Uruguay Round 
        Agreement (or nullifies or impairs benefits accruing to a WTO 
        Member under such an Agreement).
            (2) Appellate body.--The term ``Appellate Body'' means the 
        Appellate Body established by the Dispute Settlement Body 
        pursuant to Article 17.1 of the Dispute Settlement 
        Understanding.
            (3) Dispute settlement body.--The term ``Dispute Settlement 
        Body'' means the Dispute Settlement Body established pursuant 
        to the Dispute Settlement Understanding.
            (4) Dispute settlement panel; panel.--The terms ``dispute 
        settlement panel'' and ``panel'' mean a panel established 
        pursuant to Article 6 of the Dispute Settlement Understanding.
            (5) Dispute settlement understanding.--The term ``Dispute 
        Settlement Understanding'' means the Understanding on Rules and 
        Procedures Governing the Settlement of Disputes referred to in 
        section 101(d)(16) of the Uruguay Round Agreements Act (19 
        U.S.C. 3511(d)(16)).
            (6) Terms of reference.--The term ``terms of reference'' 
        has the meaning given such term in the Dispute Settlement 
        Understanding.
            (7) Trade representative.--The term ``Trade 
        Representative'' means the United States Trade Representative.
            (8) Uruguay round agreement.--The term ``Uruguay Round 
        Agreement'' means any of the Agreements described in section 
        101(d) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)).
            (9) World trade organization; wto.--The terms ``World Trade 
        Organization'' and ``WTO'' mean the organization established 
        pursuant to the WTO Agreement.
            (10) WTO agreement.--The term ``WTO Agreement'' means the 
        Agreement Establishing the World Trade Organization entered 
        into on April 15, 1994.
            (11) WTO member.--The term ``WTO Member'' has the meaning 
        given that term in section 2(10) of the Uruguay Round 
        Agreements Act (19 U.S.C. 3501(10)).

SEC. 202. ESTABLISHMENT OF COMMISSION.

    There is established a commission to be known as the WTO Dispute 
Settlement Review Commission (in this section referred to as the 
``Commission'').

SEC. 203. MEMBERSHIP.

    (a) Composition.--The Commission shall be composed of 5 members, 
all of whom shall either be retired judges of the Federal judicial 
circuits or have substantial expertise in international trade law. The 
members shall be appointed by the President, after consultation with 
the majority leader and minority leader of the Senate, the majority 
leader and minority leader of the House of Representatives, the 
chairman and ranking member of the Committee on Finance of the Senate, 
and the chairman and ranking member of the Committee on Ways and Means 
of the House of Representatives.
    (b) Date of Appointment.--The appointments of the initial members 
of the Commission shall be made not later than 90 days after the date 
of enactment of this Act.
    (c) Period of Appointment; Vacancies.--
            (1) In general.--Members of the Commission shall each be 
        appointed for a term of 5 years, except that 3 of the initial 
        members shall each be appointed for a term of 3 years.
            (2) Vacancies.--
                    (A) In general.--Any vacancy on the Commission 
                shall not affect its powers, but shall be filled in the 
                same manner as the original appointment and shall be 
                subject to the same conditions as the original 
                appointment.
                    (B) Unexpired term.--An individual chosen to fill a 
                vacancy shall be appointed for the unexpired term of 
                the member replaced.
    (d) Meetings.--
            (1) Initial meeting.--Not later than 30 days after the date 
        on which all members of the Commission have been appointed, the 
        Commission shall hold its first meeting.
            (2) Subsequent meetings.--The Commission shall meet 
        subsequently at the call of the Chairperson.
    (e) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (f) Chairperson and Vice Chairperson.--The Commission shall select 
a Chairperson and Vice Chairperson from among its members.
    (g) Affirmative Determinations.--An affirmative vote by a majority 
of the members of the Commission shall be required for any affirmative 
determination by the Commission under section 204.
    (h) Funding.--Members of the Commission shall be allowed travel 
expenses, including per diem in lieu of subsistence at rates authorized 
for employees of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their homes or regular places of 
business in the performance of services for the Commission.

SEC. 204. DUTIES OF THE COMMISSION.

    (a) Review of WTO Dispute Settlement Reports.--
            (1) In general.--The Commission shall review--
                    (A) all reports of dispute settlement panels or the 
                Appellate Body that contain adverse findings and that 
                are adopted by the Dispute Settlement Body; and
                    (B) upon the request of the Trade Representative, 
                the chairman or ranking member of the Committee on 
                Finance of the Senate, or the chairman or ranking 
                member of the Committee on Ways and Means of the House 
                of Representatives, any other report of a dispute 
                settlement panel or the Appellate Body that is adopted 
                by the Dispute Settlement Body.
            (2) Scope of review.--The Commission shall conduct a 
        complete review of the reports described in paragraph (1) and 
        determine whether the panel or Appellate Body, as the case may 
        be--
                    (A) exceeded its authority or its terms of 
                reference;
                    (B) added to the obligations, or diminished the 
                rights, of the United States under the Uruguay Round 
                Agreement that is the subject of the report;
                    (C) acted arbitrarily or capriciously, engaged in 
                misconduct, or demonstrably departed from the 
                procedures specified for panels and the Appellate Body 
                in the applicable Uruguay Round Agreement; or
                    (D) deviated from the applicable standard of 
                review, including in antidumping, countervailing duty, 
                and other unfair trade remedy cases, the standard of 
                review set forth in Article 17.6 of the Agreement on 
                Implementation of Article VI of the General Agreement 
                on Tariffs and Trade, 1994.
            (3) No deference.--In making its determination under 
        paragraph (2), the Commission shall not accord deference to 
        findings of law made by the dispute settlement panel or the 
        Appellate Body, as the case may be.
            (4) Affirmative determination.--If the Commission makes an 
        affirmative determination with respect to the action of a panel 
        or the Appellate Body under subparagraph (A), (B), (C), or (D) 
        of paragraph (2), the Commission shall determine whether the 
        action of the panel or Appellate Body materially affected the 
        outcome of the report of the panel or Appellate Body.
    (b) Determination; Report.--
            (1) Determination.--
                    (A) In general.--Not later than 120 days after the 
                date on which the Commission receives notice of a 
                finding or request under section 205(b), the Commission 
                shall make a written determination with respect to 
                matters described in subsection (a)(2) and (4), 
                including a full analysis of the basis for its 
                determination. A vote by a majority of the members of 
                the Commission shall constitute a determination of the 
                Commission, although the members need not agree on the 
                basis for their vote.
                    (B) Dissenting or concurring opinions.--Any member 
                of the Commission who disagrees with a determination of 
                the Commission or who concurs in such a determination 
                on a basis different from that of the Commission or 
                other members of the Commission may write an opinion 
                expressing such disagreement or concurrence, as the 
                case may be.
            (2) Report.--The Commission shall promptly report the 
        determinations described in paragraph (1)(A) to the Committee 
        on Finance of the Senate and the Committee on Ways and Means of 
        the House of Representatives. The Commission shall include with 
        the report any opinions written under paragraph (1)(B) with 
        respect to the determination and a summary of any comments 
        submitted pursuant to section 205(b)(2)(A).
            (3) Availability to the public.--Each report of the 
        Commission under paragraph (2), together with any opinions 
        included with the report, shall be made available to the 
        public.

SEC. 205. POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission may hold any hearings, sit and act at 
any time and place, take any testimony, and receive any evidence as the 
Commission considers advisable to carry out the purposes of this title. 
The Commission shall provide reasonable notice of a hearing held 
pursuant to this subsection.
    (b) Information From Interested Parties and Federal Agencies.--
            (1) Notification to commission.--
                    (A) Under section 204(a)(1)(A).--The Trade 
                Representative shall advise the Commission not later 
                than 5 days after the date the Dispute Settlement Body 
                adopts an adverse finding that is to be reviewed by the 
                Commission under section 204(a)(1)(A).
                    (B) Under section 204(a)(1)(B).--A request made by 
                the Trade Representative, the chairman or ranking 
                member of the Committee on Finance of the Senate, or 
                the chairman or ranking member of the Committee on Ways 
                and Means of the House of Representatives under section 
                204(a)(1)(B) shall be made not later than 1 year after 
                the Dispute Settlement Body adopts the report that is 
                the subject of the request.
            (2) Submissions and requests for information.--
                    (A) In general.--The Commission shall promptly 
                publish notice in the Federal Register of any notice or 
                request received under paragraph (1), and provide 
                notice of an opportunity for interested parties to 
                submit comments to the Commission.
                    (B) Comments available to public.--The Commission 
                shall make comments submitted pursuant to subparagraph 
                (A) available to the public.
                    (C) Information from federal agencies and 
                departments.--The Commission may secure directly from 
                any Federal department or agency any information the 
                Commission considers necessary to carry out the 
                provisions of this title. Upon request of the 
                Chairperson of the Commission, the head of the 
                department or agency shall furnish the requested 
                information to the Commission in a timely manner.
            (3) Access to panel and appellate body documents.--
                    (A) In general.--The Trade Representative shall 
                make available to the Commission all submissions and 
                relevant documents relating to the panel or Appellate 
                Body report at issue, including any information 
                contained in submissions and relevant documents 
                identified by the provider of the information as 
                proprietary information or information designated as 
                confidential by a foreign government.
                    (B) Public access.--Any document that the Trade 
                Representative submits to the Commission shall be 
                available to the public, except information that is 
                identified as proprietary or confidential or the 
                disclosure of which would otherwise violate the rules 
                of the WTO.
            (4) Assistance from federal agencies; confidentiality.--
                    (A) Administrative assistance.--Any agency or 
                department of the United States that is designated by 
                the President shall provide administrative services, 
                funds, facilities, staff, or other support services to 
                the Commission to assist the Commission with the 
                performance of the Commission's functions.
                    (B) Confidentiality.--The Commission shall protect 
                from disclosure any document or information submitted 
                to it by a department or agency of the United States 
                that the agency or department requests be kept 
                confidential. The Commission shall not be considered to 
                be an agency for purposes of section 552 of title 5, 
                United States Code.

SEC. 206. CHANGES IN AGENCY REGULATIONS OR PRACTICE RELATING TO ADVERSE 
              FINDING.

    Section 123(g) of the Uruguay Round Agreements Act (19 U.S.C. 
3533(g)) is amended in paragraph (1)--
            (1) in subparagraph (E), by striking ``and'';
            (2) by redesignating subparagraph (F) as subparagraph (G); 
        and
            (3) by inserting after subparagraph (E) the following new 
        subparagraph:
                    ``(F) the Committee on Finance of the Senate and 
                the Committee on Ways and Means of the House of 
                Representatives have received the report on the 
                determinations of the WTO Dispute Settlement Review 
                Commission under section 204(b)(2) of the Trade 
                Enforcement Act of 2007 with respect to the relevant 
                dispute settlement panel or Appellate Body report; 
                and''.

           TITLE III--MARKET DISRUPTION BY IMPORTS FROM CHINA

SEC. 301. LIMITATION ON PRESIDENTIAL DISCRETION.

    Section 421 of the Trade Act of 1974 (19 U.S.C. 2451) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``any'' before ``increased 
                duties''; and
                    (B) by striking ``, to the extent and for such 
                period'' and all that follows to the end period and 
                inserting ``recommended by the International Trade 
                Commission'';
            (2) in subsection (e), in the second sentence, by striking 
        ``agreed upon by either group'' and all that follows to the end 
        period and inserting ``shall be considered an affirmative 
        determination under subsection (b)'';
            (3) in subsection (f)--
                    (A) in the heading, by striking ``on Proposed 
                Remedies'' and inserting ``for Relief'';
                    (B) in the first sentence--
                            (i) by striking ``the President or Trade 
                        Representative may consider as'' and inserting 
                        ``is to be considered''; and
                            (ii) by striking ``the Commission shall 
                        propose'' and inserting ``the Commission shall 
                        recommend''; and
                    (C) in the second sentence, by striking ``proposed 
                action'' and inserting ``recommended action'';
            (4) in subsection (g)(2)(B)--
                    (A) by striking ``or may be considered by the 
                President or the Trade Representative as'' and 
                inserting ``or if the determination is considered to 
                be''; and
                    (B) by striking ``on proposed remedies'' and 
                inserting ``for relief'';
            (5) in subsection (h)--
                    (A) in the heading, by striking ``Proposed Measure 
                and Recommendation to the President'' and inserting 
                ``Recommended Relief and Report by Trade 
                Representative'';
                    (B) in paragraph (1)--
                            (i) by striking ``measure proposed by the 
                        Trade Representative to be taken pursuant to 
                        subsection (a)'' and inserting ``relief 
                        recommended by the Commission under subsection 
                        (f)''; and
                            (ii) by striking ``proposed measure'' and 
                        inserting ``recommended relief'';
                    (C) in paragraph (2), by striking ``on the measure 
                proposed by the Trade Representative'' and all that 
                follows to the end period and inserting ``, shall 
                transmit a report to the President recommending what 
                action to take under subsection (k)''; and
                    (D) by adding at the end the following new 
                paragraph:
    ``(3) The Trade Representative, after submitting a report to the 
President under paragraph (2), shall promptly make the report available 
to the public, excluding any proprietary or confidential information. 
The Trade Representative shall publish a summary of the report in the 
Federal Register.'';
            (6) in subsection (i)--
                    (A) in the flush sentence at the end of paragraph 
                (1), by striking ``agreed upon by either group'' and 
                all that follows to the end period and inserting 
                ``shall be considered an affirmative determination of 
                the Commission''; and
                    (B) by striking paragraphs (2), (3), and (4), and 
                inserting the following:
    ``(2) On the date on which the Commission completes its 
determinations under paragraph (1), the Commission shall transmit a 
report on the determinations to the President and the Trade 
Representative, including the reasons for its determinations. If the 
determinations under paragraph (1) are affirmative or if the 
determinations are considered to be affirmative under paragraph (1), 
the Commission shall include in its report its recommendations on 
provisional relief to be taken to prevent or remedy the market 
disruption. Only those members of the Commission who agreed to the 
affirmative determinations under paragraph (1) are eligible to vote on 
the recommended provisional relief to prevent or remedy market 
disruption. Members of the Commission who did not agree to the 
affirmative determinations may submit, in the report, dissenting or 
separate views regarding the determination and any recommendation of 
provisional relief referred to in this paragraph.
    ``(3) The provisional relief referred to in paragraph (2) may 
include--
            ``(A) the imposition of or increase in any duty;
            ``(B) any modification, or imposition of any quantitative 
        restriction on the importation of any article into the United 
        States; or
            ``(C) any combination of actions under subparagraph (A) or 
        (B).
    ``(4) If the determinations under paragraph (1) are affirmative or 
if the determinations are considered to be affirmative under paragraph 
(1), the Trade Representative shall, within 10 days after receipt of 
the Commission's report, transmit a report to the President 
recommending what action to take with respect to provisional relief 
under subsection (k).
    ``(5)(A) The President shall proclaim any provisional relief 
recommended by the Commission not later than 10 days after the date the 
President receives the report described in paragraph (4) from the Trade 
Representative.
    ``(B) Any provisional relief proclaimed by the President pursuant 
to a determination of critical circumstances shall remain in effect for 
a period not to exceed 200 days.
    ``(C) Provisional relief shall cease to apply upon the effective 
date of relief proclaimed under subsection (a), upon a decision by the 
President not to provide such relief under subsection (k), or upon a 
negative determination by the Commission under subsection (b).'';
            (7) in subsection (j)--
                    (A) in paragraph (1), by striking ``which the Trade 
                Representative considers to be'' and inserting ``that 
                is considered to be'';
                    (B) by striking paragraph (2) and inserting the 
                following:
    ``(2) If no agreement is reached with the People's Republic of 
China pursuant to consultations under paragraph (1) in the time 
required for Presidential action under subsection (k), or if the 
President determines that an agreement reached pursuant to such 
consultations is not preventing or remedying the market disruption at 
issue in the time required for Presidential action under subsection 
(k), the President shall provide import relief in accordance with 
subsection (a).''.
            (8) in subsection (k)--
                    (A) in the heading, by striking ``Standard for 
                Presidential Action'' and inserting ``Timing for 
                Presidential Action; Exceptions'';
                    (B) in paragraph (1), by striking ``a 
                recommendation from the Trade Representative'' and all 
                that follows to the end period and inserting ``a report 
                from the Trade Representative under subsection (h)(2), 
                the President shall, pursuant to subsection (a), 
                proclaim the relief recommended by the Commission''; 
                and
                    (C) by amending paragraph (2) to read as follows:
    ``(2) The President may decline to proclaim relief pursuant to 
subsection (a), may proclaim relief pursuant to subsection (a) that 
differs from the relief recommended by the Commission, may decline to 
proclaim provisional relief pursuant to subsection (i), or may proclaim 
provisional relief pursuant to subsection (i) that differs from the 
relief recommended by the Commission--
            ``(A) only in extraordinary cases; and
            ``(B) only if the President determines that providing 
        relief or provisional relief pursuant to subsection (a) or (i) 
        or providing the relief recommended by the Commission pursuant 
        to subsection (a) or (i)--
                    ``(i) would have an adverse impact on the United 
                States economy that clearly and significantly outweighs 
                the benefits of such action; or
                    ``(ii) would cause serious harm to the national 
                security of the United States.'';
            (9) in subsection (l), by amending paragraph (1) to read as 
        follows:
    ``(1) The President's decision under subsection (k) shall be 
submitted to the Committee on Finance of the Senate and the Committee 
on Ways and Means of the House of Representatives and shall be 
published in the Federal Register within 15 days of the decision. In 
the submission to the committees and in publication in the Federal 
Register, the President shall include the reasons for the decision and 
the scope and duration of any action taken. If the President takes 
action that differs from the action recommended by the Commission under 
subsection (f) or declines to take action pursuant to subsection 
(k)(2), the President shall state in detail the reasons for such action 
or inaction.'';
            (10) by redesignating subsections (m) through (o) as 
        subsections (n) through (p), respectively;
            (11) by inserting after subsection (l) the following new 
        subsection:
    ``(m) Implementation of Action Recommended by Commission.--(1) If 
the President takes action that differs from the action recommended by 
the Commission under subsection (f) or declines to take action pursuant 
to subsection (k)(2)(B)(i), the action recommended by the Commission 
under subsection (f) shall take effect (as provided in subsection 
(n)(2)) upon the enactment of a joint resolution described in paragraph 
(2) within the 90-day period beginning on the date on which the 
President's decision is transmitted to the Congress pursuant to 
subsection (l).
    ``(2) For purposes of this section, the term `joint resolution' 
means a joint resolution of the 2 Houses of the Congress, the sole 
matter after the resolving clause of which is as follows: `That the 
Congress does not approve the action taken by, or the determination of, 
the President under section 421 of the Trade Act of 1974, notice of 
which was transmitted to the Congress on ______.', with the blank space 
being filled with the appropriate date.
    ``(3) The provisions of section 152 (b), (d), (e), and (f) of the 
Trade Act of 1974 (19 U.S.C. 2192(b), (d), (e), and (f)) shall apply to 
joint resolutions under this section.
    ``(4) It is not in order for--
            ``(A) the Senate to consider any joint resolution not 
        reported by the Committee on Finance; or
            ``(B) the House of Representatives to consider any joint 
        resolution not reported by the Committee on Ways and Means.'';
            (12) in subsection (n), as redesignated, by striking 
        ``Import relief under this section'' and all that follows to 
        the end period and inserting the following:
    ``(1) Except as provided in paragraph (2), import relief under this 
section shall take effect not later than 15 days after the President's 
determination to provide such relief.
    ``(2) If the action recommended by the Commission takes effect 
pursuant to subsection (m), the President shall, within 15 days after 
the date of the enactment of the joint resolution referred to in 
subsection (m), proclaim the action recommended by the Commission under 
subsection (f). Such action shall take effect not later than 15 days 
after the date of the President's proclamation.'';
            (13) in subsection (o), as redesignated--
                    (A) in paragraph (1), by striking ``6-month'' and 
                inserting ``1-year''; and
                    (B) in paragraph (3), by inserting ``or (m)'' after 
                ``subsection (k)''; and
            (14) in subsection (p), as redesignated--
                    (A) in paragraph (1), by inserting ``or (m)'' after 
                ``subsection (k);''; and
                    (B) in paragraph (3), by striking ``subsection 
                (m)'' and inserting ``subsection (n)''.

    TITLE IV--STRENGTHENING ANTIDUMPING AND COUNTERVAILING DUTY LAWS

SEC. 401. APPLICATION OF COUNTERVAILING DUTIES TO NONMARKET ECONOMIES.

    (a) In General.--Section 701(a)(1) of the Tariff Act of 1930 (19 
U.S.C. 1671(a)(1)) is amended by inserting ``(including a nonmarket 
economy country)'' after ``country'' each place it appears.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to petitions filed under section 702 of the Tariff Act of 1930 (19 
U.S.C. 1671a) on or after October 1, 2006.

SEC. 402. CLARIFICATION OF DETERMINATION OF MATERIAL INJURY.

    Section 771(7) of the Tariff Act of 1930 (19 U.S.C. 1677(7)) is 
amended by adding at the end the following new subparagraph:
                    ``(J) Clarification of determination of material 
                injury.--In determining if there is material injury, or 
                threat of material injury, by reason of imports of the 
                subject merchandise, the Commission shall make its 
                determination without regard to--
                            ``(i) whether other imports are likely to 
                        replace the subject merchandise, or
                            ``(ii) the effect of a potential order on 
                        the domestic industry.''.

                  TITLE V--TRADE ENFORCEMENT PERSONNEL

SEC. 501. CHIEF TRADE ENFORCEMENT OFFICER.

    (a) Establishment of Position.--Section 141(b)(2) of the Trade Act 
of 1974 (19 U.S.C. 2171(b)(2)) is amended to read as follows:
    ``(2) There shall be in the Office 3 Deputy United States Trade 
Representatives, 1 Chief Agricultural Negotiator, and 1 Chief Trade 
Enforcement Officer who shall all be appointed by the President, by and 
with the advice and consent of the Senate. As an exercise of the 
rulemaking power of the Senate, any nomination of a Deputy United 
States Trade Representative, the Chief Agricultural Negotiator, or the 
Chief Trade Enforcement Officer submitted to the Senate for its advice 
and consent, and referred to a committee, shall be referred to the 
Committee on Finance. Each Deputy United States Trade Representative, 
the Chief Agricultural Negotiator, and the Chief Trade Enforcement 
Officer shall hold office at the pleasure of the President and shall 
have the rank of Ambassador.''.
    (b) Functions of Position.--Section 141(c) of the Trade Act of 1974 
(19 U.S.C. 2171(c)) is amended by adding at the end the following new 
paragraph:
    ``(6) The principal function of the Chief Trade Enforcement Officer 
shall be to ensure that United States trading partners comply with 
trade agreements to which the United States is a party. The Chief Trade 
Enforcement Officer shall assist the United States Trade Representative 
in investigating and prosecuting disputes pursuant to trade agreements 
to which the United States is a party, including before the World Trade 
Organization, and shall assist the United States Trade Representative 
in carrying out the Trade Representative's functions under subsection 
(d). The Chief Trade Enforcement Officer shall make recommendations 
with respect to the administration of United States trade laws relating 
to foreign government barriers to United States goods, services, 
investment, and intellectual property, and with respect to government 
procurement and other trade matters. The Chief Trade Enforcement 
Officer shall perform such other functions as the United States Trade 
Representative may direct.''.
    (c) Compensation.--Section 5314 of title 5, United States Code, is 
amended by inserting ``Chief Trade Enforcement Officer'' as a new item 
after ``Chief Agricultural Negotiator''.
    (d) Technical Amendments.--Section 141(e) of the Trade Act of 1974 
(19 U.S.C. 2171(e)) is amended--
            (1) in paragraph (1), by striking ``5314'' and inserting 
        ``5315''; and
            (2) in paragraph (2), by striking ``the maximum rate of pay 
        for grade GS-18, as provided in section 5332'' and inserting 
        ``the maximum rate of pay for level IV of the Executive 
        Schedule in section 5315''.

SEC. 502. TRADE ENFORCEMENT WORKING GROUP.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the United States Trade Representative shall 
establish an interagency Trade Enforcement Working Group, which shall 
be chaired by the Chief Trade Enforcement Officer of the Office of the 
United States Trade Representative.
    (b) Membership.--The Trade Enforcement Working Group shall include 
representatives from the Departments of State, Treasury, Commerce, and 
Agriculture, and such other departments and agencies as the United 
States Trade Representative considers appropriate.
    (c) Responsibility.--The Trade Enforcement Working Group shall 
assist and advise the Chief Trade Enforcement Officer in carrying out 
the principal functions described in section 141(c)(6) of the Trade Act 
of 1974. Although the Chief Trade Enforcement Officer shall carefully 
consider any advice provided by the Trade Enforcement Working Group, 
the Chief Trade Enforcement Officer shall not seek clearance or any 
other form of approval from the Trade Enforcement Working Group for any 
actions the Chief Trade Enforcement Officer takes in carrying out the 
functions described in such section 141(c)(6).

SEC. 503. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $5,000,000 to the Office of 
the United States Trade Representative to carry out the provisions of 
this title.

         TITLE VI--INTELLECTUAL PROPERTY ENFORCEMENT PERSONNEL

SEC. 601. SECTION 337 JUDGES.

    Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) is amended 
by adding at the end the following new subparagraph:
    ``(o) Section 337 Judges.--
            ``(1) In general.--Notwithstanding the provisions of 
        subsection 556(b) of title 5, United States Code, the 
        Commission is authorized to appoint hearing officers, other 
        than administrative law judges appointed under section 3105 of 
        title 5, United States Code, to preside at the taking of 
        evidence at hearings required by this section and to make 
        initial and recommended decisions in accordance with sections 
        554, 556, and 557 of title 5, United States Code, in 
        investigations under this section. The hearing officers 
        appointed under this subsection shall be known as section 337 
        judges.
            ``(2) Qualifications.--A person appointed as a section 337 
        judge under paragraph (1) shall possess a minimum of 7 years of 
        legal experience and be licensed to practice law under the laws 
        of a State, the District of Columbia, the Commonwealth of 
        Puerto Rico, or any territorial court established under the 
        Constitution of the United States. The Commission may 
        promulgate such other regulations as the Commission considers 
        necessary with respect to the qualifications of section 337 
        judges, including technical expertise and experience in patent, 
        trademark, copyright, and unfair competition law.
            ``(3) Rotation.--Section 337 judges shall be assigned to 
        cases in rotation to the extent practicable or as otherwise 
        provided for in the Commission's rules.
            ``(4) Other duties.--A section 337 judge may not perform 
        duties inconsistent with the duties and responsibilities of a 
        section 337 judge.
            ``(5) Removal.--A section 337 judge may only be removed for 
        good cause shown upon a hearing conducted on the record by the 
        Merit Systems Protection Board. The failure of the Commission 
        to adopt the initial or recommended decision of a section 337 
        judge shall not constitute good cause.
            ``(6) Competitive service.--Except as otherwise provided, 
        the laws, rules, and regulations applicable to positions in the 
        competitive service apply to section 337 judges. Upon 
        appointment, a section 337 judge shall be paid in accordance 
        with the pay rates of section 5372 of title 5, United States 
        Code, commensurate with the pay rate of an administrative law 
        judge with similar time in service. Section 337 judges shall 
        not be Senior Executive Service positions for the purposes of 
        sections 3131 and 3132 of title 5, United States Code.
            ``(7) Performance evaluations.--Section 337 judges shall 
        not receive performance evaluations and shall not be 
        compensated based on performance.''.

               TITLE VII--INTERAGENCY TRADE ORGANIZATION

SEC. 701. CLARIFICATION OF ROLE OF INTERAGENCY TRADE ORGANIZATION 
              ESTABLISHED UNDER SECTION 242(A) OF THE TRADE EXPANSION 
              ACT OF 1962.

    Section 141(c)(1)(I) of the Trade Act of 1974 (19 U.S.C. 
2171(c)(1)(I)) is amended to read as follows:
                    ``(I) be chairman of the interagency trade 
                organization established under section 242(a) of the 
                Trade Expansion Act of 1962, consult with and carefully 
                consider any advice provided by such organization in 
                the performance of the functions of the United States 
                Trade Representative, but the United States Trade 
                Representative shall not seek clearance or any other 
                form of approval from the interagency trade 
                organization for any actions the United States Trade 
                Representative takes in the performance of the 
                functions described in this subsection; and''.
                                 <all>
```