I 
110TH CONGRESS 
1ST SESSION H. R. 1278 
To establish the position of Trade Enforcement Officer and a Trade Enforce-
ment Division in the Office of the United States Trade Representative, 
to require identification of trade enforcement priorities, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 1, 2007 
Mr. CAMP of Michigan (for himself and Mrs. JONES of Ohio) introduced the 
following bill; which was referred to the Committee on Ways and Means 
A BILL 
To establish the position of Trade Enforcement Officer and 
a Trade Enforcement Division in the Office of the United 
States Trade Representative, to require identification of 
trade enforcement priorities, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Trade Prosecutor 
Act’’. 
VerDate Aug 31 2005 
16:54 Mar 03, 2007
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1278.IH
H1278
pwalker on PROD1PC71 with BILLS
SEC. 2. ESTABLISHMENT OF TRADE ENFORCEMENT DIVI-
SION AND POSITION OF TRADE ENFORCE-
MENT OFFICER. 
(a) ESTABLISHMENT.—Chapter 4 of title I of the 
Trade Act of 1974 (19 U.S.C. 2171) is amended by add-
ing at the end the following new section: 
‘‘SEC. 142. TRADE ENFORCEMENT DIVISION AND TRADE EN-
FORCEMENT OFFICER. 
‘‘(a) ESTABLISHMENT OF TRADE ENFORCEMENT DI-
VISION.—There is established within the Office of the 
United States Trade Representative a Trade Enforcement 
Division (in this section referred to as the ‘Division’). 
‘‘(b) ESTABLISHMENT OF POSITION OF TRADE EN-
FORCEMENT OFFICER.— 
‘‘(1) IN GENERAL.—The Division shall be head-
ed by a Trade Enforcement Officer. 
‘‘(2) APPOINTMENT
AND
NOMINATION.—The 
Trade Enforcement Officer shall 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 the Trade Enforce-
ment Officer submitted to the Senate for its advice 
and consent, and referred to a committee, shall be 
referred to the Committee on Finance. 
VerDate Aug 31 2005 
16:54 Mar 03, 2007
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1278.IH
H1278
pwalker on PROD1PC71 with BILLS
‘‘(3) RANK.—The Trade Enforcement Officer 
shall hold office at the pleasure of the President and 
shall have the rank of Ambassador. 
‘‘(c) FUNCTIONS OF TRADE ENFORCEMENT OFFI-
CER.— 
‘‘(1) PRINCIPAL
FUNCTION.—The principal 
function of the Trade Enforcement Officer shall be 
to ensure that United States trading partners com-
ply with trade agreements to which the United 
States is a party. 
‘‘(2) ADDITIONAL FUNCTIONS.—The Trade En-
forcement Officer shall— 
‘‘(A) assist the United States Trade Rep-
resentative in investigating and prosecuting dis-
putes before the World Trade Organization and 
pursuant to other trade agreements to which 
the United States is a party; 
‘‘(B) assist the United States Trade Rep-
resentative in carrying out the United States 
Trade Representative’s functions under section 
141(d); 
‘‘(C) make recommendations with respect 
to the administration of United States trade 
laws relating to foreign government barriers to 
VerDate Aug 31 2005 
16:54 Mar 03, 2007
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1278.IH
H1278
pwalker on PROD1PC71 with BILLS
United States goods, services, and intellectual 
property, and other trade matters; and 
‘‘(D) perform such other functions as the 
United States Trade Representative may direct. 
‘‘(d) OFFICE OF TRADE ASSISTANCE FOR SMALL 
BUSINESSES.— 
‘‘(1) ESTABLISHMENT.—There is established 
within the Division the Office of Trade Assistance 
for Small Businesses. 
‘‘(2) FUNCTIONS.—The Office of Trade Assist-
ance for Small Businesses shall provide technical 
and legal assistance and advice to eligible small busi-
nesses to enable such small businesses to prepare 
and file petitions (other than those that, in the opin-
ion of the Office of Trade Assistance for Small Busi-
nesses, are frivolous) under section 302. 
‘‘(3) ELIGIBLE SMALL BUSINESS DEFINED.— 
The term ‘‘eligible small business’’ means any busi-
ness concern that, in the judgment of the Office of 
Trade Assistance for Small Businesses, due to its 
small size, has neither adequate internal resources 
nor financial ability to obtain qualified outside as-
sistance in preparing and filing petitions and com-
plaints under section 302. In determining whether a 
business concern is an ‘‘eligible small business,’’ the 
VerDate Aug 31 2005 
16:54 Mar 03, 2007
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1278.IH
H1278
pwalker on PROD1PC71 with BILLS
Office of Trade Assistance for Small Businesses may 
consult with the Administrator of the Small Busi-
ness Administration and the heads of other appro-
priate Federal departments and agencies. 
‘‘(e) STUDY AND REPORT ON NONTARIFF BARRIERS 
TO MARKET ACCESS.—Not later than 180 days after the 
date of the enactment of this section and annually there-
after, the Trade Enforcement Officer shall report to the 
Committee on Finance of the Senate, the Committee on 
Energy and Commerce of the House of Representatives, 
and the Committee on Ways and Means of the House of 
Representatives on nontariff barriers affecting market ac-
cess for United States companies in any other country 
with respect to which the United States has entered into 
a trade agreement or is negotiating a trade agreement.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Trade Act of 1974 is amended by inserting 
after the item relating to section 141 the following: 
‘‘Sec. 142. Trade Enforcement Division and Trade Enforcement Officer.’’. 
(c) COMPENSATION FOR TRADE ENFORCEMENT OF-
FICER.—Section 5314 of title 5, United States Code, is 
amended by inserting ‘‘Trade Enforcement Officer.’’ as a 
new item after ‘‘Chief Agricultural Negotiator.’’. 
VerDate Aug 31 2005 
16:54 Mar 03, 2007
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1278.IH
H1278
pwalker on PROD1PC71 with BILLS
SEC. 3. IDENTIFICATION OF TRADE ENFORCEMENT PRIOR-
ITIES. 
(a) IN GENERAL.—Title III of the Trade Act of 1974 
(19 U.S.C. 2411 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 311. IDENTIFICATION OF TRADE ENFORCEMENT PRI-
ORITIES. 
‘‘(a) IDENTIFICATION AND ANNUAL REPORT.— 
‘‘(1) IN
GENERAL.—Not later than 75 days 
after the submission of the report required by sec-
tion 181(b), the Trade Representative shall annu-
ally— 
‘‘(A) identify United States trade enforce-
ment priorities; 
‘‘(B) identify enforcement actions that the 
Trade Representative has taken during the pre-
vious year and review the impact such enforce-
ment actions have had on foreign trade bar-
riers; 
‘‘(C) identify priority foreign country trade 
practices on which the Trade Representative 
will focus enforcement efforts; 
‘‘(D) submit to the Committee on Finance 
of the Senate and the Committee on Ways and 
Means of the House of Representatives a report 
VerDate Aug 31 2005 
16:54 Mar 03, 2007
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1278.IH
H1278
pwalker on PROD1PC71 with BILLS
on the priorities, actions, and practices identi-
fied in subparagraphs (A), (B), and (C); and 
‘‘(E) publish the report required by sub-
paragraph (D) in the Federal Register. 
‘‘(2) FACTORS
TO
CONSIDER.—In identifying 
priority foreign country trade practices under para-
graph (1)(C), the Trade Representative shall focus 
on the practices the elimination of which the Trade 
Representative determines will have the most poten-
tial to increase United States economic growth, ei-
ther directly or through the establishment of a bene-
ficial precedent. The Trade Representative shall take 
into account all relevant factors, including— 
‘‘(A) the major barriers and trade dis-
torting practices described in the most recent 
available report submitted under section 181(b); 
‘‘(B) the findings and practices described 
in the most recent available report required 
under— 
‘‘(i) section 182; 
‘‘(ii) section 1377 of the Omnibus 
Trade and Competitiveness Act of 1988 
(19 U.S.C. 3106); 
VerDate Aug 31 2005 
16:54 Mar 03, 2007
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1278.IH
H1278
pwalker on PROD1PC71 with BILLS
‘‘(iii) section 3005 of the Omnibus 
Trade and Competitiveness Act of 1988 
(22 U.S.C. 5305); 
‘‘(iv) section 421 of the U.S.–China 
Relations Act of 2000 (22 U.S.C. 6951); 
and 
‘‘(v) any other report prepared by the 
Trade Representative or any other agency 
relating to international trade and invest-
ment; 
‘‘(C) the trade agreements to which a for-
eign country is a party and the compliance of 
the foreign country with such agreements; 
‘‘(D) the medium- and long-term implica-
tions of foreign government procurement plans; 
and 
‘‘(E) the international competitive position 
and export potential of United States products 
and services. 
‘‘(3) OTHER
ITEMS
IN
REPORT.—The Trade 
Representative may include in the report required by 
paragraph (1)(D) a description of foreign country 
trade practices that may in the future warrant iden-
tification as priority foreign country trade practices. 
VerDate Aug 31 2005 
16:54 Mar 03, 2007
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1278.IH
H1278
pwalker on PROD1PC71 with BILLS
‘‘(4) PRIORITIES
NOT
IDENTIFIED.—If the 
Trade Representative does not identify a priority 
foreign country trade practice in the report required 
by paragraph (1)(D), the Trade Representative shall 
set out in detail in such report the reasons for fail-
ing to do so. 
‘‘(b) CONSULTATION.— 
‘‘(1) IN
GENERAL.—Not later than 45 days 
after the submission of the report required by sec-
tion 181(b), 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, ac-
tions, and practices to be identified in the report re-
quired by subsection (a)(1)(D). 
‘‘(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, the 
Trade Representative shall include such identifica-
tion in the report required by subsection (a)(1)(D). 
‘‘(3) DETERMINATION NOT TO INCLUDE PRI-
ORITY FOREIGN COUNTRY TRADE PRACTICES.—The 
VerDate Aug 31 2005 
16:54 Mar 03, 2007
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1278.IH
H1278
pwalker on PROD1PC71 with BILLS
Trade Representative may determine not to include 
the identification of a priority foreign country trade 
practice requested under paragraph (2) in the report 
required by subsection (a)(1)(D) only if— 
‘‘(A) 
the 
Trade 
Representative 
finds 
that— 
‘‘(i) such practice is already being ad-
dressed— 
‘‘(I) under provisions of United 
States trade law; 
‘‘(II) under the Uruguay Round 
Agreements (as defined in section 
2(7) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3501(7))); 
‘‘(III) under any bilateral or re-
gional trade agreement; or 
‘‘(IV) as part of trade negotia-
tions with the foreign country or other 
countries engaging in such practice; 
and 
‘‘(ii) progress is being made toward 
the elimination of such practice; or 
‘‘(B) the Trade Representative finds that 
identification of such practice as a priority for-
VerDate Aug 31 2005 
16:54 Mar 03, 2007
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1278.IH
H1278
pwalker on PROD1PC71 with BILLS
eign country trade practice would be contrary 
to the interests of the United States. 
‘‘(4) REASONS FOR DETERMINATION.—In the 
case of a determination made pursuant to paragraph 
(3), the Trade Representative shall set forth in de-
tail the reasons for that determination in the report 
required by subsection (a)(1)(D). 
‘‘(c) INVESTIGATION AND RESOLUTION.— 
‘‘(1) IN GENERAL.—Upon submission of the re-
port required by subsection (a)(1)(D), the Trade 
Representative shall, with respect to any priority for-
eign country trade practice identified, seek satisfac-
tory resolution with the country or countries engag-
ing in such practice under the auspices of the World 
Trade Organization, pursuant to a bilateral or re-
gional 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 transmission of the re-
port required by subsection (a)(1)(D), the Trade 
Representative shall, with respect to any priority for-
eign country trade practice identified— 
VerDate Aug 31 2005 
16:54 Mar 03, 2007
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1278.IH
H1278
pwalker on PROD1PC71 with BILLS
‘‘(A) initiate dispute settlement consulta-
tions in the World Trade Organization; 
‘‘(B) initiate dispute settlement consulta-
tions under the applicable provisions of any bi-
lateral or regional trade agreement to which the 
United States is a party; 
‘‘(C) initiate an investigation under section 
302(b); 
‘‘(D) seek to negotiate an agreement that 
provides for the elimination of the priority for-
eign 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.—On the day on which the Trade 
Representative takes action under subparagraph (E) 
of paragraph (2), the Trade Representative shall 
submit to Congress a report— 
‘‘(A) describing the action taken under 
subparagraph (E) of paragraph (2) and the 
reasons for taking the action; and 
‘‘(B) stating in detail the reasons the 
Trade Representative did not take action under 
VerDate Aug 31 2005 
16:54 Mar 03, 2007
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1278.IH
H1278
pwalker on PROD1PC71 with BILLS