I 
108TH CONGRESS 
2D SESSION 
H. R. 4120 
To amend the Trade Act of 1974 regarding identifying trade expansion 
priorities. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 1, 2004 
Mr. RANGEL (for himself, Mr. LEVIN, Mr. MATSUI, and Mr. MICHAUD) intro-
duced the following bill; which was referred to the Committee on Ways 
and Means 
A BILL 
To amend the Trade Act of 1974 regarding identifying trade 
expansion priorities. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. IDENTIFICATION OF TRADE EXPANSION PRIOR-
ITIES. 
Section 310 of the Trade Act of 1974 is amended 
to read as follows: 
‘‘SEC. 310. IDENTIFICATION OF TRADE EXPANSION PRIOR-
ITIES. 
‘‘(a) IDENTIFICATION.—
‘‘(1) IDENTIFICATION AND REPORT.—Within 30 
days after the submission in each of calendar years 
2005 through 2009 of the report required by section 
181(b), the Trade Representative shall— 
‘‘(A) review United States trade expansion 
priorities; 
‘‘(B) identify priority foreign country prac-
tices, the elimination of which is likely to have 
the most significant potential to increase 
United States exports, either directly or 
through the establishment of a beneficial prece-
dent; and 
‘‘(C) 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 
priority foreign country practices identified. 
‘‘(2) FACTORS.—In identifying priority foreign 
country practices under paragraph (1), the Trade 
Representative shall take into account all relevant 
factors, including— 
‘‘(A) the major barriers and trade dis-
torting practices described in the National 
Trade Estimate Report required under section 
181(b);
‘‘(B) the trade agreements to which a for-
eign country is a party and its compliance with 
those agreements; 
‘‘(C) the medium- and long-term implica-
tions of foreign government procurement plans; 
and 
‘‘(D) the international competitive position 
and export potential of United States products 
and services. 
‘‘(3) CONTENTS OF REPORT.—The Trade Rep-
resentative may include in the report, if appro-
priate— 
‘‘(A) a description of foreign country prac-
tices that may in the future warrant identifica-
tion as priority foreign country practices; and 
‘‘(B) a statement about other foreign coun-
try practices that were not identified because 
they are already being addressed by provisions 
of United States trade law, by existing bilateral 
trade agreements, or as part of trade negotia-
tions with other countries and progress is being 
made toward the elimination of such practices. 
‘‘(b) INITIATION OF CONSULTATIONS.—By no later 
than the date that is 21 days after the date on which a 
report is submitted to the appropriate congressional com-
mittees under subsection (a)(1), the Trade Representative 
shall seek consultations with each foreign country identi-
fied in the report as engaging in priority foreign country 
practices for the purpose of reaching a satisfactory resolu-
tion of such priority practices. 
‘‘(c) INITIATION OF INVESTIGATION.—If a satisfac-
tory resolution of priority foreign country practices has 
not been reached under subsection (b) within 90 days after 
the date on which a report is submitted to the appropriate 
congressional committees under subsection (a)(1), the 
Trade 
Representative 
shall 
initiate 
under 
section 
302(b)(1) an investigation under this chapter with respect 
to such priority foreign country practices. 
‘‘(d) AGREEMENTS FOR THE ELIMINATION OF BAR-
RIERS.—In the consultations with a foreign country that 
the Trade Representative is required to request under sec-
tion 303(a) with respect to an investigation initiated by 
reason of subsection (c), the Trade Representative shall 
seek to negotiate an agreement that provides for the elimi-
nation of the practices that are the subject of the inves-
tigation as quickly as possible or, if elimination of the 
practices is not feasible, an agreement that provides for 
compensatory trade benefits. 
‘‘(e) REPORTS.—The Trade Representative shall in-
clude in the semiannual report required by section 309
a report on the status of any investigations initiated pur-
suant to subsection (c) and, where appropriate, the extent 
to which such investigations have led to increased opportu-
nities for the export of products and services of the United 
States.’’. 
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