II 

108TH CONGRESS 

2D SESSION S. 2372

To amend the Trade Act of 1974 regarding identifying trade expansion 

priorities. 

IN THE SENATE OF THE UNITED STATES 

APRIL 29, 2004

Mr. CORZINE (for himself, Mr. BAUCUS, Mr. DASCHLE, and Mr. LAUTENBERG) introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL

To amend the Trade Act of 1974 regarding identifying 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. IDENTIFICATION OF TRADE EXPANSION PRIOR4 ITIES. 

5 Section 310 of the Trade Act of 1974 is amended 

6 to read as follows: 

7 ‘‘SEC. 310. IDENTIFICATION OF TRADE EXPANSION PRIOR8 ITIES. 

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

2 days after the submission in each of calendar year 

3 2005 through 2009 of the report required by section 

4 181(b), the Trade Representative shall—

5 ‘‘(A) review United States trade expansion 

6 priorities; 

7 ‘‘(B) identify priority foreign country prac8 tices, the elimination of which is likely to have 

9 the most significant potential to increase 

10 United States exports, either directly or 

11 through the establishment of a beneficial prece12 dent; and 

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

14 of the Senate and the Committee on Ways and 

15 Means of the House of Representatives and 

16 publish in the Federal Register a report on the 

17 priority foreign country practices identified. 

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

19 country practices under paragraph (1), the Trade 

20 Representative shall take into account all relevant 

21 factors, including—

22 ‘‘(A) the major barriers and trade dis23 torting practices described in the National 

24 Trade Estimate Report required under section 

25 181(b); 
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1 ‘‘(B) the trade agreements to which a for2 eign country is a party and its compliance with 

3 those agreements; 

4 ‘‘(C) the medium- and long-term implica5 tions of foreign government procurement plans; 

6 and 

7 ‘‘(D) the international competitive position 

8 and export potential of United States products 

9 and services. 

10 ‘‘(3) CONTENTS OF REPORT.—The Trade Rep11 resentative may include in the report, if appro12 priate—

13 ‘‘(A) a description of foreign country prac14 tices that may in the future warrant identifica15 tion as priority foreign country practices; and 

16 ‘‘(B) a statement about other foreign coun17 try practices that were not identified because 

18 they are already being addressed by provisions 

19 of United States trade law, by existing bilateral 

20 trade agreements, or as part of trade negotia21 tions with other countries and progress is being 

22 made toward the elimination of such practices. 

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

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

25 report is submitted to the appropriate congressional com-
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1 mittees under subsection (a)(1), the Trade Representative 

2 shall seek consultations with each foreign country identi3 fied in the report as engaging in priority foreign country 

4 practices for the purpose of reaching a satisfactory resolu5 tion of such priority practices. 

6 ‘‘(c) INITIATION OF INVESTIGATION.—If a satisfac7 tory resolution of priority foreign country practices has 

8 not been reached under subsection (b) within 90 days after 

9 the date on which a report is submitted to the appropriate 

10 congressional committees under subsection (a)(1), the 

11 Trade Representative shall initiate under section 

12 302(b)(1) an investigation under this chapter with respect 

13 to such priority foreign country practices. 

14 ‘‘(d) AGREEMENTS FOR THE ELIMINATION OF BAR15 RIERS.—In the consultations with a foreign country that 

16 the Trade Representative is required to request under sec17 tion 303(a) with respect to an investigation initiated by 

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

19 seek to negotiate an agreement that provides for the elimi20 nation of the practices that are the subject of the inves21 tigation as quickly as possible or, if elimination of the 

22 practices is not feasible, an agreement that provides for 

23 compensatory trade benefits. 

24 ‘‘(e) REPORTS.—The Trade Representative shall in25 clude in the semiannual report required by section 309 
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1 a report on the status of any investigations initiated pur2 suant to subsection (c) and, where appropriate, the extent 

3 to which such investigations have led to increased opportu4 nities for the export of products and services of the United 

5 States.’’.

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