I 
115TH CONGRESS 
1ST SESSION H. R. 3233 
To promote fair trade, allow for greater participation in trade enforcement, 
and improve accountability and transparency in trade matters. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 13, 2017 
Mr. MCKINLEY (for himself and Ms. KAPTUR) introduced the following bill; 
which was referred to the Committee on Ways and Means, and in addi-
tion to the Committee on Oversight and Government Reform, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To promote fair trade, allow for greater participation in 
trade enforcement, and improve accountability and trans-
parency in trade matters. 
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 ‘‘Fair Trade Accessi-
bility and Accountability Act of 2017’’. 
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SEC. 2. ASSISTANCE TO SMALL FIRMS TO FILE PETITIONS 
FOR 
COUNTERVAILING 
DUTY 
INVESTIGA-
TIONS AND ANTIDUMPING DUTY INVESTIGA-
TIONS UNDER THE TARIFF ACT OF 1930. 
(a) IN GENERAL.—The Secretary of Commerce, act-
ing through the Under Secretary for International Trade, 
shall provide financial assistance to small firms to assist 
such firms to prepare and file petitions (other than those 
petitions which, in the opinion of the Secretary, are frivo-
lous) to seek to obtain the remedies and benefits available 
under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 
et seq.; relating to the imposition of countervailing duties 
and antidumping duties). 
(b) APPLICATION AND AFFIRMATIVE DETERMINA-
TION WITH RESPECT TO PETITION.—The Secretary of 
Commerce may provide assistance under subsection (a) to 
a small firm if— 
(1) the firm submits to the Secretary an appli-
cation for such assistance at such time and in such 
form as the Secretary may require; and 
(2)(A) in the case of assistance relating to a pe-
tition filed under section 702(b) of the Tariff Act of 
1930 (19 U.S.C. 1671a(b)), the administering au-
thority makes an affirmative determination with re-
spect to the petition under section 702(c)(2) of such 
section; and 
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(B) in the case of assistance relating to a peti-
tion filed under section 732(b) of the Tariff Act of 
1930 (19 U.S.C. 1673a(b)), the administering au-
thority makes an affirmative determination with re-
spect to the petition under section 732(c)(2) of such 
section. 
(c) EVALUATION.—The Secretary of Commerce shall 
review an application for assistance under subsection (a) 
submitted by a small firm based on the ability-to-pay of 
the firm and the economic impact that the firm has in 
its local community. 
(d) AMOUNT OF ASSISTANCE.—The amount of assist-
ance under subsection (a) to a small firm may not ex-
ceed— 
(1) 75 percent of the costs relating to the filing 
of a petition under section 702(b) or 732(b) of the 
Tariff Act of 1930 (as the case may be); and 
(2) the total costs associated with any prelimi-
nary determinations or final determinations to which 
the petition relates under subtitle A or B of title VII 
of the Tariff Act of 1930 (as the case may be). 
(e) DEFINITIONS.—In this section: 
(1) ADMINISTERING
AUTHORITY.—The term 
‘‘administering authority’’ has the meaning given 
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such term in section 771(1) of the Tariff Act of 
1930 (19 U.S.C. 1677(1)). 
(2) SMALL
FIRM.—The term ‘‘small firm’’ 
means a firm that— 
(A) 
has 
average 
annual 
receipts 
of 
$40,000,000 or less; or 
(B) employs 1,500 or fewer individuals. 
SEC. 3. MODIFICATION OF DETERMINATION OF INDUSTRY 
SUPPORT FOR PETITION DETERMINATIONS 
UNDER COUNTERVAILING DUTY INVESTIGA-
TIONS AND ANTIDUMPING DUTY INVESTIGA-
TIONS UNDER THE TARIFF ACT OF 1930. 
(a) COUNTERVAILING DUTY INVESTIGATIONS.—Sec-
tion 702(c)(4) of the Tariff Act of 1930 (19 U.S.C. 
1671a(c)(4)) is amended— 
(1) in subparagraph (A)— 
(A) by striking ‘‘, if’’ and all that follows 
through ‘‘(i) the’’ and inserting ‘‘, if the’’; 
(B) by striking ‘‘25 percent’’ and inserting 
‘‘10 percent’’; 
(C) by striking ‘‘, and’’ and inserting a pe-
riod; and 
(D) by striking clause (ii); 
(2) by striking subparagraph (D); and 
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(3) by redesignating subparagraph (E) as sub-
paragraph (D). 
(b) ANTIDUMPING DUTY INVESTIGATIONS.—Section 
732(c)(4) of the Tariff Act of 1930 (19 U.S.C. 
1673a(c)(4)) is amended— 
(1) in subparagraph (A)— 
(A) by striking ‘‘, if’’ and all that follows 
through ‘‘(i) the’’ and inserting ‘‘, if the’’; 
(B) by striking ‘‘, and’’ and inserting a pe-
riod; and 
(C) by striking clause (ii); 
(2) by striking subparagraph (D); and 
(3) by redesignating subparagraph (E) as sub-
paragraph (D). 
(c) EFFECTIVE DATE.—The amendments made by 
this section take effect on the date of the enactment of 
this Act and apply with respect to countervailing duty in-
vestigations under subtitle A of title VII of the Tariff Act 
of 1930 and antidumping duty investigations under sub-
title B of title VII of the Tariff Act of 1930 that are initi-
ated on or after the date that is 90 days after such date 
of enactment. 
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SEC. 4. AUTHORITY OF ITC TO ISSUE TRADE ENFORCE-
MENT ADVISORY OPINIONS. 
Section 332 of the Tariff Act of 1930 (19 U.S.C. 
1332) is amended by adding at the end the following: 
‘‘(h) TRADE ENFORCEMENT ADVISORY OPINIONS.— 
‘‘(1) IN GENERAL.—A United States business 
enterprise may file a detailed petition with the ap-
propriate congressional committees for purposes of 
requesting the Commission to determine whether or 
not a foreign country has violated its obligations 
under any trade agreement to which the United 
States is a party with respect to trade in goods or 
services of an industry in which the United States 
business enterprise is located. 
‘‘(2) REVIEW
BY
COMMITTEES.—The appro-
priate congressional committees shall— 
‘‘(A) review a petition filed under para-
graph (1); and 
‘‘(B) upon agreement among the chairs 
and ranking members of such committees, refer 
the petition to the Commission. 
‘‘(3) REVIEW BY COMMISSION.—The Commis-
sion shall review each petition that is referred to the 
Commission by the appropriate congressional com-
mittees under paragraph (2)(B) to determine wheth-
er or not there is a reasonable basis to conclude that 
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a violation described the petition occurred. The 
Commission shall provide opportunity for comment 
by the foreign government involved and other stake-
holders that are invited to comment by the Commis-
sion. 
‘‘(4) ADVISORY OPINION.—Not later than 120 
days after the date on which a petition is referred 
to the Commission under paragraph (2)(B), the 
Commission shall issue an advisory opinion that con-
tains a determination of the Commission as to 
whether or not there is a reasonable basis to con-
clude that a violation described in the petition oc-
curred. The Commission shall make available to the 
public all materials submitted to the Commission re-
lating to the petition. 
‘‘(5) DEFINITIONS.—In this subsection: 
‘‘(A) APPROPRIATE CONGRESSIONAL COM-
MITTEES.—The term ‘appropriate congressional 
committees’ means the Committee on Ways and 
Means of the House of Representatives and the 
Committee on Finance of the Senate. 
‘‘(B) COMMISSION.—The term ‘Commis-
sion’ means the United States International 
Trade Commission. 
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‘‘(C) UNITED
STATES
BUSINESS
ENTER-
PRISE.—The term ‘United States business en-
terprise’ means an entity organized under the 
laws of the United States or of any jurisdiction 
within the United States, including a foreign 
branch of such an entity.’’. 
SEC. 5. SENSE OF CONGRESS ON STATUS OF THE PEOPLE’S 
REPUBLIC OF CHINA AS A NONMARKET 
ECONOMY COUNTRY. 
It is the sense of Congress that— 
(1) the status of the People’s Republic of China 
as a nonmarket economy country should remain in 
effect until the Government of the People’s Republic 
of China demonstrates that it meets all of the cri-
teria for treatment as a market economy as set forth 
in section 771(18)(B) of the Tariff Act of 1930 (19 
U.S.C. 1677(18)(B)); and 
(2) the President should provide for the full 
and effective application of United States anti-
dumping and countervailing duty laws against the 
People’s Republic of China and all other nonmarket 
economy countries until such time as such country 
meets all of the criteria for treatment as a market 
economy country as set forth in section 771(18)(B) 
of the Tariff Act of 1930. 
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SEC. 6. MADE IN AMERICA GSA SCHEDULE. 
(a) MADE
IN AMERICA DESCRIPTION REQUIRE-
MENT.— 
(1) IN GENERAL.—Any good listed on a Federal 
supply schedule of the General Services Administra-
tion that is described as made, produced, or manu-
factured in America or some other similar descrip-
tion that indicates the good was made, produced, or 
manufactured in the United States is required to 
have all or virtually all of the good and the compo-
nent parts of the good made, produced, or manufac-
tured, as applicable, and assembled, if applicable, in 
the United States. 
(2) ENFORCEMENT.—The Administrator of 
General Services shall enforce the requirement de-
scribed under paragraph (1) using the Made in USA 
Standard by the Federal Trade Commission to de-
fine ‘‘all or virtually all’’. 
(b) PENALTY FOR NONCOMPLIANCE.— 
(1) FIRST-TIME OFFENDER.—The supplier of 
any good found not in compliance with the require-
ment described under subsection (a) is subject to a 
civil penalty of $100,000 for each such good not in 
compliance. 
(2) SUBSEQUENT OFFENSE.—The supplier of 
any good found not in compliance with the require-
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ment described under subsection (a) who has pre-
viously been found not in compliance and fined 
under paragraph (1)— 
(A) is subject to a civil penalty of 
$300,000 for each such good not in compliance; 
and 
(B) shall be permanently debarred from 
listing any good on a Federal supply schedule. 
(c) TIP LINE.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Adminis-
trator of General Services shall establish a tip line 
that allows an individual to report any violation of 
subsection (a). 
(2) REWARD.—Any tip submitted by an indi-
vidual that, in the determination of the Adminis-
trator, led to the discovery of a violation of sub-
section (a), shall entitle such individual to 75 per-
cent of any fine imposed under subsection (b). The 
Administrator shall establish a process to determine 
distribution under this paragraph. 
(d) NOTIFICATION REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, the Ad-
ministrator of General Services shall notify each supplier 
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of a good listed on a Federal supply schedule of the re-
quirements of this Act. 
(e) EFFECTIVE DATE; APPLICABILITY.—Except as 
provided in subsections (c)(1) and (d), this section shall 
take effect 90 days after the date of the enactment of this 
Act and shall apply with respect to any contract entered 
into after the date of the enactment of this Act that is 
related to posting a good on a Federal supply schedule. 
Æ 
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