I 

108TH CONGRESS 

2D SESSION H. R. 3889

To transfer certain functions from the United States Trade Representative 

to the Secretary of Commerce. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 3, 2004

Mr. WOLF introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL

To transfer certain functions from the United States Trade 

Representative to the Secretary of Commerce.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. TRANSFER OF FUNCTIONS. 

4 (a) IDENTIFICATION OF CERTAIN COUNTRIES.—Sec5 tion 182 of the Trade Act of 1974 (19 U.S.C. 2242) is 

6 amended—

7 (1) in subsection (a)—

8 (A) by striking ‘‘United States Trade Rep9 resentative’’ and inserting ‘‘Secretary of Com10 merce’’; and 
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1 (B) by striking ‘‘Trade Representative’’ 

2 each subsequent place it appears and inserting 

3 ‘‘Secretary’’; and 

4 (2) in subsections (b) through (g), by striking 

5 ‘‘Trade Representative’’ each place it appears and 

6 inserting ‘‘Secretary’’. 

7 (b) ENFORCEMENT OF UNITED STATES RIGHTS

8 UNDER TRADE AGREEMENTS AND RESPONSE TO CER9 TAIN FOREIGN TRADE PRACTICES.—Chapter 1 of title III 

10 of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) is 

11 amended as follows: 

12 (1) Section 301(a)(1) is amended by striking 

13 ‘‘United States Trade Representative’’ and inserting 

14 ‘‘Secretary of Commerce’’. 

15 (2) Section 303(b)(1)(A) is amended by strik16 ing ‘‘United States Trade Representative’’ and in17 serting ‘‘Secretary of Commerce.’’

18 (3) Section 301(d)(8) is amended to read as fol19 lows: 

20 ‘‘(8) The term ‘Secretary’ means the Secretary 

21 of Commerce.’’. 

22 (4) Sections 301 through 310 are amended by 

23 striking ‘‘Trade Representative’’ each place it ap24 pears and inserting ‘‘Secretary’’. 
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1 SEC. 2. APPLICABILITY. 

2 (a) IN GENERAL.—Subject to subsection (b), the 

3 amendments made by section 1 shall take effect 90 days 

4 after the date of the enactment of this Act. 

5 (b) PENDING PETITIONS, INVESTIGATIONS, AND DE6 TERMINATIONS.—The amendments made by section 1 

7 shall not affect any petition filed before, or investigation 

8 pending on, the effective date set forth in subsection (a), 

9 under chapter 1 of title III of the Trade Act of 1974. Such 

10 petitions and investigations shall proceed as if section 1 

11 had not been enacted. The amendments made by section 

12 1 shall not affect any determination made or action taken 

13 under chapter 1 of title III of the Trade Act of 1974 be14 fore the effective date set forth in subsection (a). 

15 SEC. 3. URUGUAY ROUND AGREEMENTS ACT. 

16 (a) TRANSFER OF CERTAIN FUNCTIONS.—Those 

17 functions of the United States Trade Representative 

18 under the following provisions of the Uruguay Round 

19 Agreements Act are transferred to the Secretary of Com20 merce, effective 90 days after the date of the enactment 

21 of this Act: 

22 (1) Section 123. 

23 (2) Paragraphs (5), (6), and (7) of section 124. 

24 (3) Section 127. 

25 (4) Subsections (e) and (f) of section 281. 

26 (b) CONFORMING AMENDMENTS.—
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1 (1) AMENDMENTS.—Section 129 of the Uru2 guay Round Agreements Act (19 U.S.C. 3538) is 

3 amended—

4 (A) by striking ‘‘Trade Representative’’ 

5 each place it appears and inserting ‘‘Secretary 

6 of Commerce’’; 

7 (B) in subsection (a)(6), by striking ‘‘di8 rect the administering authority to’’; 

9 (C) in subsection (b)—

10 (i) in paragraph (1), by striking ‘‘the 

11 administering authority and’’; 

12 (ii) in paragraph (2), by striking 

13 ‘‘shall,’’ and all that follows through ‘‘issue 

14 a determination’’ and inserting ‘‘may issue 

15 a determination’’; 

16 (iii) in paragraph (3), by striking ‘‘the 

17 administering authority and’’; and 

18 (iv) in paragraph (4)—

19 (I) by striking ‘‘the administering 

20 authority and’’; and 

21 (II) by striking ‘‘direct the ad22 ministering authority to’’; and 

23 (D) in subsection (c)(1)—

24 (i) in subparagraph (A), by striking 

25 ‘‘the date on which’’ and all that follows 
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1 through ‘‘determination,’’ and inserting 

2 ‘‘the date on which the Secretary of Com3 merce revokes an order pursuant to that 

4 determination,’’; and 

5 (ii) in subparagraph (B), by striking 

6 ‘‘the date on which’’ and all that follows 

7 through the end of the sentence and insert8 ing ‘‘the date on which the Secretary of 

9 Commerce implements that determina10 tion’’. 

11 (2) EFFECTIVE DATE.—The amendments made 

12 by paragraph (1) shall take effect 90 days after the 

13 date of the enactment of this Act.

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