II 

108TH CONGRESS 

2D SESSION S. 2786 

To strengthen United States trade enforcement laws. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 10, 2004 

Mr. BAYH introduced the following bill; which was read twice and referred to 

the Committee on Finance 

A BILL 

To strengthen United States trade enforcement laws. 

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 ‘‘Get Tough on Trade 

5 Act’’. 

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

8 Section 310 of the Trade Act of 1974 is amended 

9 to read as follows: 

10 ‘‘SEC. 310. IDENTIFICATION OF TRADE EXPANSION PRIOR11 ITIES. 

12 ‘‘(a) IDENTIFICATION.— 
2 

•S 2786 IS 

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); 
3 

•S 2786 IS 

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-
4 

•S 2786 IS 

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 
5 

•S 2786 IS 

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.’’. 

6 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) AUTHORIZATION OF APPROPRIATIONS FOR THE

8 OFFICE OF THE GENERAL COUNSEL AND THE OFFICE OF

9 MONITORING AND ENFORCEMENT.—There are authorized 

10 to be appropriated to the Office of the United States 

11 Trade Representative for the appointment of additional 

12 staff in the Office of the General Counsel and the Office 

13 of Monitoring and Enforcement— 

14 (1) $2,000,000 for fiscal year 2005; and 

15 (2) $2,000,000 for fiscal year 2006. 

16 (b) RESPONSIBILITIES OF ADDITIONAL STAFF.—The 

17 responsibilities of the additional staff appointed under 

18 subsection (a) shall include— 

19 (1) investigating, prosecuting, and defending 

20 cases before the World Trade Organization and 

21 under trade agreements to which the United States 

22 is a party; 

23 (2) administering United States trade laws, in24 cluding title III of the Trade Act of 1974 (19 U.S.C. 

25 2411 et seq.) and other trade laws relating to for-
6 

•S 2786 IS 

1 eign government barriers to United States goods and 

2 services, including barriers involving intellectual 

3 property rights, government procurement, and tele4 communications; and 

5 (3) monitoring compliance with the Uruguay 

6 Round Agreements (as defined in section 2 of the 

7 Uruguay Round Agreements Act (19 U.S.C. 3501)) 

8 and other trade agreements, particularly by the Peo9 ple’s Republic of China. 

10 SEC. 4. CHIEF ENFORCEMENT NEGOTIATOR. 

11 Section 141 of the Trade Act of 1974 (19 U.S.C. 

12 2171) is amended— 

13 (1) by amending subsection (b)(2) to read as 

14 follows: 

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

16 States Trade Representatives, 1 Chief Agricultural Nego17 tiator, and 1 Chief Enforcement Negotiator. The 3 Deputy 

18 United States Trade Representatives and the 2 Chief Ne19 gotiators shall be appointed by the President, by and with 

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

21 the rulemaking power of the Senate, any nomination of 

22 a Deputy United States Trade Representative, the Chief 

23 Agricultural Negotiator, or the Chief Enforcement Nego24 tiator submitted to the Senate for its advice and consent, 

25 and referred to a committee, shall be referred to the Com-
7 

•S 2786 IS 

1 mittee on Finance. Each Deputy United States Trade 

2 Representative, the Chief Agricultural Negotiator, and the 

3 Chief Enforcement Negotiator shall hold office at the 

4 pleasure of the President and shall have the rank of Am5 bassador.’’; and 

6 (2) in subsection (c), by adding at the end the 

7 following new paragraph: 

8 ‘‘(6) The principal function of the Chief Enforcement 

9 Negotiator shall be to conduct negotiations to ensure com10 pliance with trade agreements relating to United States 

11 manufactured goods and services. The Chief Enforcement 

12 Negotiator shall recommend investigating and prosecuting 

13 cases before the World Trade Organization and under 

14 trade agreements to which the United States is a party. 

15 The Chief Enforcement Negotiator shall recommend ad16 ministering United States trade laws relating to foreign 

17 government barriers to United States goods and services. 

18 The Chief Enforcement Negotiator shall perform such 

19 other functions as the United States Trade Representative 

20 may direct.’’. 

Æ