I 
115TH CONGRESS 
1ST SESSION H. R. 2756 
To amend the Trade Act of 1974 to strengthen trade enforcement, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 26, 2017 
Mr. PASCRELL (for himself, Mr. LEVIN, Mr. HIGGINS of New York, Ms. SE-
WELL of Alabama, Ms. DELBENE, Ms. JUDY CHU of California, and Ms. 
SA´NCHEZ) introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committee on Rules, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To amend the Trade Act of 1974 to strengthen trade 
enforcement, 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 AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Jobs and Trade Competitiveness Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
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TITLE I—OFFICE OF THE CONGRESSIONAL TRADE ENFORCER 
Sec. 101. Establishment. 
Sec. 102. Congressional Trade Enforcer. 
Sec. 103. Personnel. 
Sec. 104. Functions. 
Sec. 105. Office of Market Access Assistance. 
Sec. 106. Relationship to executive branch. 
TITLE II—TRADE ENFORCEMENT DIVISION AND DEPUTY UNITED 
STATES TRADE REPRESENTATIVE FOR TRADE ENFORCEMENT 
Sec. 201. Establishment of Trade Enforcement Division and Deputy United 
States Trade Representative for Trade Enforcement. 
Sec. 202. Establishment of Chief Manufacturing Negotiator. 
TITLE III—CONGRESSIONAL ADVISORY COMMISSION ON WTO 
DISPUTE SETTLEMENT 
Sec. 301. Congressional findings and purpose. 
Sec. 302. Establishment of Commission. 
Sec. 303. Duties of the Commission. 
Sec. 304. Powers of the Commission. 
Sec. 305. Participation in WTO panel proceedings. 
Sec. 306. Definitions. 
TITLE IV—IMPOSITION OF COUNTERVAILING DUTIES TO AD-
DRESS SUBSIDIES RELATING TO FUNDAMENTALLY UNDER-
VALUED CURRENCIES 
Sec. 401. Clarification regarding definition of countervailable subsidy. 
Sec. 402. Report on implementation of title. 
Sec. 403. Application to goods from Canada and Mexico. 
TITLE V—PROCEDURES FOR INVESTIGATING CLAIMS OF EVA-
SION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS 
Sec. 501. Protection of business proprietary information. 
Sec. 502. Application to Canada and Mexico. 
TITLE VI—MATTERS TO ENCOURAGE DOMESTIC INSOURCING 
AND DISCOURAGE FOREIGN OUTSOURCING 
Sec. 601. Credit for insourcing expenses. 
Sec. 602. Denial of deduction for outsourcing expenses. 
TITLE VII—MATTERS RELATING TO ENVIRONMENTAL 
PROTECTIONS 
Sec. 701. Environmental protection in trade relations. 
Sec. 702. Identification of foreign country trade practices that negatively affect 
the environment. 
TITLE VIII—OTHER MATTERS 
Sec. 801. Modification of availability of amounts from Trade Enforcement 
Trust Fund. 
Sec. 802. Government Accountability Office report on commitments under cer-
tain international fora. 
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Sec. 803. Government Accountability Office report on enforcement of child 
labor prohibition. 
Sec. 804. Congressional advisory groups on enforcement. 
TITLE I—OFFICE OF THE CON-
GRESSIONAL 
TRADE 
EN-
FORCER 
SEC. 101. ESTABLISHMENT. 
There is established in the legislative branch an Of-
fice of the Congressional Trade Enforcer (in this title re-
ferred to as the ‘‘Office’’). 
SEC. 102. CONGRESSIONAL TRADE ENFORCER. 
(a) APPOINTMENT.—The head of the Office shall be 
the Congressional Trade Enforcer, who shall be appointed 
by the Speaker of the House of Representatives, the mi-
nority leader of the House of Representatives, the majority 
leader of the Senate, and the minority leader of the Senate 
after considering recommendations received from the 
Committee on Ways and Means of the House of Rep-
resentatives and the Committee on Finance of the Senate, 
without regard to political affiliation and solely on the 
basis of fitness to perform the functions described in sec-
tion 104. 
(b) TERM.—The term of office of the Congressional 
Trade Enforcer shall be 5 years. An individual serving as 
Congressional Trade Enforcer at the expiration of a term 
may continue to serve until a successor is appointed. The 
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States exports and issue indictments in cases where 
such practices violate any of the Uruguay Round 
Agreements or any bilateral or regional trade agree-
ment to which the United States is a party. 
(2) SUBMISSION OF INDICTMENTS.—The Con-
gressional Trade Enforcer shall submit indictments 
referred to in paragraph (1) to the Committee on 
Ways and Means of the House of Representatives, 
the Committee on Finance of the Senate, and the 
United States Trade Representative. 
(3) ACTION PURSUANT TO INDICTMENT.—With-
in 30 days after receiving an indictment under para-
graph (2), the Trade Representative, acting through 
the Deputy United States Trade Representative for 
Trade Enforcement should, in accordance with sub-
section (c)(1) of section 142 of the Trade Act of 
1974, as added by section 201 of this Act, com-
mence dispute resolution procedures in the appro-
priate forum against the country or countries that 
are the subject of the indictment unless— 
(A) prior to the date of filing, the foreign 
country or countries involved enters into an 
agreement with the United States to eliminate 
the practice that is inconsistent with its inter-
national obligations; or 
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(B) in extraordinary cases, the filing of the 
case would cause serious harm to the national 
security of the United States. 
(4) REPORT.—If the Trade Representative does 
not commence dispute resolution procedures under 
paragraph (3) pursuant to an indictment under 
paragraph (3), the Trade Representative shall, not 
later than 30 days after receiving the indictment, 
submit to the Committee on Ways and Means of the 
House of Representatives and the Committee on Fi-
nance of the Senate a report containing the reasons 
therefor and shall publish notice of the decision, to-
gether with a summary of such reasons, in the Fed-
eral Register. 
(c) ACTION PURSUANT TO JOINT RESOLUTION.— 
(1) IN GENERAL.—If the Trade Representative 
does not commence dispute resolution procedures 
under subsection (b)(3) pursuant to an indictment 
under subsection (b)(2), then the Trade Representa-
tive shall commence dispute resolution procedures in 
the appropriate forum pursuant to the indictment 
upon the enactment pursuant to the requirements of 
paragraph (2) of a joint resolution described in 
paragraph (3). 
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(2) REQUIREMENTS.—(A) The requirements of 
this paragraph are met if the joint resolution is en-
acted under paragraph (3) and— 
(i) the Congress adopts and transmits the 
joint resolution to the President before the end 
of the 90-day period (excluding any day de-
scribed in section 154(b) of the Trade Act of 
1974), beginning on the date on which the Con-
gressional Trade Enforcer submits the indict-
ment under subsection (b)(2); and 
(ii) if the President vetoes the joint resolu-
tion, each House of Congress votes to override 
that veto on or before the later of the last day 
of the 90-day period referred to in clause (i) or 
the last day of the 15-day period (excluding any 
day described in section 154(b) of the Trade 
Act of 1974) beginning on the date on which 
the Congress receives the veto message from the 
President. 
(B) A joint resolution to which this subsection 
applies may be introduced at any time on or after 
the end of the 30-day period described in subsection 
(b)(3), and before the end of the 90-day period re-
ferred to in subparagraph (A). 
(3) JOINT RESOLUTIONS.— 
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(A) JOINT
RESOLUTIONS.—For purposes 
of this subsection, the term ‘‘joint resolution’’ 
means only a joint resolution of the 2 Houses 
of Congress, the matter after the resolving 
clause of which is as follows: ‘‘That the United 
States Trade Representative shall commence 
dispute 
resolution 
procedures 
against 
lllllll in llllll pursuant to 
the 
indictment 
submitted 
under 
section 
204(b)(2) of the Trade Enforcement Act of 
2017 on llllll.’’, with the first blank 
space being filled with the country or countries 
that are the subject of the indictment, the sec-
ond blank space being filled with the appro-
priate forum, and the third blank space being 
filled with the appropriate date. 
(B) PROCEDURES.—(i) Joint resolutions 
may be introduced in either House of the Con-
gress by any member of such House. 
(ii) Subject to the provisions of this para-
graph, the provisions of subsections (b), (d), 
(e), and (f) of section 152 of the Trade Act of 
1974 (19 U.S.C. 2192 (b), (d), (e), and (f)) 
apply to joint resolutions to the same extent as 
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such provisions apply to resolutions under that 
section. 
(iii) If the committee of either House to 
which a joint resolution has been referred has 
not reported it by the close of the 45th day 
after its introduction (excluding any day de-
scribed in section 154(b) of the Trade Act of 
1974), such committee shall be automatically 
discharged from further consideration of the 
joint resolution and it shall be placed on the ap-
propriate calendar. 
(iv) It is not in order for— 
(I) the Senate to consider any joint 
resolution unless it has been reported by 
the Committee on Finance or the com-
mittee has been discharged under clause 
(iii); or 
(II) the House of Representatives to 
consider any joint resolution unless it has 
been reported by the Committee on Ways 
and Means or the committee has been dis-
charged under clause (iii). 
(v) A motion in the House of Representa-
tives to proceed to the consideration of a joint 
resolution may only be made on the second leg-
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islative day after the calendar day on which the 
Member making the motion announces to the 
House his or her intention to do so. 
(C) CONSIDERATION OF SECOND RESOLU-
TION NOT IN ORDER.—It shall not be in order 
in either the House of Representatives or the 
Senate to consider a joint resolution (other than 
a joint resolution received from the other 
House), if that House has previously adopted a 
joint resolution under this subsection. 
(D) RULES OF HOUSE OF REPRESENTA-
TIVES
AND
SENATE.—This subsection is en-
acted by the Congress— 
(i) as an exercise of the rulemaking 
power of the House of Representatives and 
the Senate, respectively, and as such is 
deemed a part of the rules of each House, 
respectively, and such procedures super-
sede other rules only to the extent that 
they are inconsistent with such other rules; 
and 
(ii) with the full recognition of the 
constitutional right of either House to 
change the rules (so far as relating to the 
procedures of that House) at any time, in 
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the same manner, and to the same extent 
as any other rule of that House. 
(d) DEFINITIONS.—In this section: 
(1) 
INDICTMENT.—The 
term 
‘‘indictment’’ 
means a formal written analysis setting forth the 
legal explanation of the manner in which a foreign 
trade practice of a country or countries violates any 
of the Uruguay Round Agreements or any bilateral 
or regional trade agreement to which the United 
States is a party. 
(2) URUGUAY ROUND AGREEMENTS.—The term 
‘‘Uruguay Round Agreements’’ means any of the 
agreements approved by the Congress under section 
101(a)(1) of the Uruguay Round Agreements Act 
(19 U.S.C. 3511(a)(1)). 
SEC. 105. OFFICE OF MARKET ACCESS ASSISTANCE. 
(a) ESTABLISHMENT.—There is established in the 
Office of the Congressional Trade Enforcer an Office of 
Market Access Assistance. 
(b) FUNCTIONS.—The Office of Market Access As-
sistance shall provide technical and legal assistance and 
advice to eligible small businesses to enable such small 
businesses to prepare and file petitions (other than those 
which, in the opinion of the Office of Market Access As-
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sistance, are frivolous) under section 302 of the Trade Act 
of 1974 (19 U.S.C. 2412). 
(c) DEFINITION.—The term ‘‘eligible small business’’ 
means any business concern which, in the judgment of the 
Office of Market Access Assistance, due to its small size, 
has neither adequate internal resources nor financial abil-
ity to obtain qualified outside assistance in preparing and 
filing petitions and complaints under section 302 of the 
Trade Act of 1974. In determining whether a business 
concern is an ‘‘eligible small business’’, the Office of Mar-
ket Access Assistance may consult with the Administrator 
of the Small Business Administration and the heads of 
other appropriate Federal departments and agencies. 
SEC. 106. RELATIONSHIP TO EXECUTIVE BRANCH. 
(a) INFORMATION.—The Congressional Trade En-
forcer may secure directly from any department or agency 
of the United States information necessary to enable it 
to carry out this title. Upon request of the Congressional 
Trade Enforcer, the head of that department or agency 
shall provide that information to the Congressional Trade 
Enforcer. 
(b) SERVICES, FACILITIES, AND PERSONNEL.—Upon 
request of the Congressional Trade Enforcer, the head of 
any Federal department or agency may provide or detail 
any of the services, facilities, and personnel of that depart-
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ment or agency to the Congressional Trade Enforcer to 
assist it in carrying out its duties under this title. 
TITLE II—TRADE ENFORCEMENT 
DIVISION 
AND 
DEPUTY 
UNITED STATES TRADE REP-
RESENTATIVE 
FOR 
TRADE 
ENFORCEMENT 
SEC. 201. ESTABLISHMENT OF TRADE ENFORCEMENT DIVI-
SION AND DEPUTY UNITED STATES TRADE 
REPRESENTATIVE 
FOR 
TRADE 
ENFORCE-
MENT. 
(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: 
‘‘SEC. 142. TRADE ENFORCEMENT DIVISION AND DEPUTY 
UNITED STATES TRADE REPRESENTATIVE 
FOR TRADE ENFORCEMENT. 
‘‘(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 DEPUTY 
UNITED STATES TRADE REPRESENTATIVE FOR TRADE 
ENFORCEMENT.— 
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‘‘(1) IN GENERAL.—The Division shall be head-
ed by a Deputy United States Trade Representative 
for Trade Enforcement. 
‘‘(2) APPOINTMENT
AND
NOMINATION.—The 
Deputy United States Trade Representative for 
Trade Enforcement shall be appointed by the Presi-
dent, by and with the advice and consent of the Sen-
ate. As an exercise of the rulemaking power of the 
Senate, any nomination of the Deputy United States 
Trade Representative for Trade Enforcement sub-
mitted to the Senate for its advice and consent, and 
referred to a committee, shall be referred to the 
Committee on Finance. 
‘‘(3) RANK.—The Deputy United States Trade 
Representative for Trade Enforcement shall hold of-
fice at the pleasure of the President and shall have 
the rank of Ambassador. 
‘‘(c) FUNCTIONS
OF
DEPUTY
UNITED
STATES 
TRADE REPRESENTATIVE FOR TRADE ENFORCEMENT.— 
‘‘(1) PRINCIPAL
FUNCTION.—The principal 
function of the Deputy United States Trade Rep-
resentative for Trade Enforcement shall be to ensure 
that trading partners of the United States comply 
with trade agreements to which the United States is 
a party. 
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‘‘(2) ADDITIONAL
FUNCTIONS.—The Deputy 
United States Trade Representative for Trade En-
forcement shall— 
‘‘(A) assist the United States Trade Rep-
resentative in investigating and prosecuting dis-
putes before the World Trade Organization and 
pursuant to other bilateral or regional 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 barriers imposed by foreign 
governments to the importation of 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 
BUSINESS.— 
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‘‘(1) ESTABLISHMENT.—There is established 
within the Division the Office of Trade Assistance 
for Small Business. 
‘‘(2) FUNCTIONS.—The Office of Trade Assist-
ance for Small Business 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, 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 Business, due to its size, 
has neither adequate internal resources nor financial 
ability to obtain qualified outside assistance in pre-
paring and filing petitions and complaints under sec-
tion 302. In determining whether a business concern 
is an eligible small business, the Office of Trade As-
sistance for Small Business may consult with the 
Administrator of the Small Business Administration 
and the heads of other appropriate Federal depart-
ments and agencies.’’. 
(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: 
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‘‘Sec. 142. Trade Enforcement Division and Deputy United States Trade Rep-
resentative for Trade Enforcement.’’. 
(c) COMPENSATION FOR DEPUTY UNITED STATES 
TRADE REPRESENTATIVE FOR TRADE ENFORCEMENT.— 
Section 5314 of title 5, United States Code, is amended 
by striking ‘‘Deputy United States Trade Representatives 
(3).’’ and inserting ‘‘Deputy United States Trade Rep-
resentatives (4).’’. 
(d) CONFORMING REPEAL.—Section 2112 of the Bi-
partisan Trade Promotion Authority Act of 2002 (19 
U.S.C. 3812) is repealed. 
SEC. 202. ESTABLISHMENT OF CHIEF MANUFACTURING NE-
GOTIATOR. 
(a) 
ESTABLISHMENT
OF
POSITIONS.—Section 
141(b)(2) of the Trade Act of 1974 (19 U.S.C. 
2171(b)(2)) is amended to read as follows: 
‘‘(2) There shall be in the Office four Deputy United 
States Trade Representatives (including the Deputy 
United States Trade Representative for Trade Enforce-
ment), one Chief Agricultural Negotiator, one Chief Inno-
vation and Intellectual Property Negotiator, and one Chief 
Manufacturing Negotiator who shall all 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 a Deputy United States Trade 
Representative, the Chief Agricultural Negotiator, the 
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Chief Innovation and Intellectual Property Negotiator, or 
the Chief Manufacturing Negotiator submitted to the Sen-
ate for its advice and consent, and referred to a com-
mittee, shall be referred to the Committee on Finance. 
Each Deputy United States Trade Representative, the 
Chief Agricultural Negotiator, the Chief Innovation and 
Intellectual Property Negotiator, and the Chief Manufac-
turing Negotiator shall hold office at the pleasure of the 
President and shall have the rank of Ambassador.’’. 
(b) FUNCTIONS OF CHIEF MANUFACTURING NEGO-
TIATOR.—Section 141(c) of the Trade Act of 1974 (19 
U.S.C. 2171(c)) is amended by adding at the end the fol-
lowing: 
‘‘(7)(A) The principal function of the Chief Manufac-
turing Negotiator shall be to conduct trade negotiations 
and to enforce trade agreements relating to United States 
manufacturing products and services. The Chief Manufac-
turing Negotiator shall promote manufacturing activities 
in the United States, shall serve as a vigorous advocate 
on behalf of United States manufacturing firms and work-
ers, and shall perform such other functions as the United 
States Trade Representative may direct. 
‘‘(B) Not later than one year after the date of the 
enactment of this paragraph, and not less frequently than 
annually thereafter, the Chief Manufacturing Negotiator 
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shall submit to the Committee on Finance of the Senate 
and the Committee on Ways and Means of the House of 
Representatives a report on the actions taken by the Chief 
Manufacturing Negotiator in the preceding year.’’. 
(c) COMPENSATION.—Section 5314 of title 5, United 
States Code, is amended— 
(1) by striking ‘‘Deputy United States Trade 
Representatives (3).’’ and inserting ‘‘Deputy United 
States Trade Representatives (4).’’; and 
(2) by inserting ‘‘Chief Manufacturing Nego-
tiator.’’ after ‘‘Chief Agricultural Negotiator.’’. 
(d) CONFORMING AMENDMENT.—Section 141(c)(4) 
of the Trade Act of 1974 (19 U.S.C. 2171(c)(4)) is 
amended by inserting ‘‘(other than the Deputy United 
States Trade Representative for Trade Enforcement)’’ 
after ‘‘Deputy United States Trade Representative’’. 
(e) TECHNICAL AMENDMENTS.—Section 141(e) of 
the Trade Act of 1974 (19 U.S.C. 2171(e)) is amended— 
(1) in paragraph (1), by striking ‘‘5314’’ and 
inserting ‘‘5315’’; and 
(2) in paragraph (2), by striking ‘‘the max-
imum rate of pay for grade GS–18, as provided in 
section 5332’’ and inserting ‘‘the maximum rate of 
pay for level IV of the Executive Schedule in section 
5315’’. 
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TITLE III—CONGRESSIONAL AD-
VISORY COMMISSION ON WTO 
DISPUTE SETTLEMENT 
SEC. 301. CONGRESSIONAL FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) The United States joined the World Trade 
Organization as an original member with the goal of 
creating an improved global trading system and pro-
viding expanded economic opportunities for United 
States workers, farmers, and businesses. 
(2) The dispute settlement rules of the WTO 
were created to enhance the likelihood that govern-
ments will observe their WTO obligations. 
(3) These dispute settlement rules help ensure 
that the United States can reap the full benefits of 
its participation in the WTO. 
(4) Successful operation of the WTO dispute 
settlement system was critical to congressional ap-
proval of the Uruguay Round Agreements and is 
critical to continued support by the United States 
for the WTO. In particular, it is imperative that dis-
pute settlement panels and the Appellate Body— 
(A) operate with fairness and in an impar-
tial manner; 
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(B) strictly observe the terms of reference 
and any applicable standard of review set forth 
in the Uruguay Round Agreements; and 
(C) not add to the obligations, or diminish 
the rights, of WTO members under the Uru-
guay Round Agreements in violation of Articles 
3.2 and 19.2 of the Dispute Settlement Under-
standing. 
(5) An increasing number of reports by dispute 
settlement panels and the Appellate Body have 
raised serious concerns within the Congress about 
the ability of the WTO dispute settlement system to 
operate in accordance with paragraph (4). 
(6) In particular, several reports of dispute set-
tlement panels and the Appellate Body have added 
to the obligations and diminished the rights of WTO 
members, particularly under the Agreement on Im-
plementation of Article VI of the General Agreement 
on Tariffs and Trade 1994, the Agreement on Sub-
sidies and Countervailing Measures, and the Agree-
ment on Safeguards. 
(7) In order to come into compliance with re-
ports of dispute settlement panels and the Appellate 
Body that have been adopted by the Dispute Settle-
ment Body, the Congress may need to amend or re-
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peal statutes of the United States. In such cases, the 
Congress must have a high degree of confidence that 
the reports are in accordance with paragraph (4). 
(8) The Congress needs impartial, objective, 
and juridical advice to determine the appropriate re-
sponse to reports of dispute settlement panels and 
the Appellate Body. 
(9) The United States remains committed to 
the multilateral, rules-based trading system. 
(b) PURPOSE.—It is the purpose of this Act to pro-
vide for the establishment of the Congressional Advisory 
Commission on WTO Dispute Settlement to provide objec-
tive and impartial advice to the Congress on the operation 
of the dispute settlement system of the World Trade Orga-
nization. 
SEC. 302. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the Congressional Advisory Com-
mission on WTO Dispute Settlement (in this title referred 
to as the ‘‘Commission’’). 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Commission shall be 
composed of 5 members, all of whom shall be judges 
or former judges of the Federal judicial circuits and 
shall be appointed by the Speaker of the House of 
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Representatives and the President pro tempore of 
the Senate after considering the recommendations of 
the Chairman and ranking member of the Com-
mittee on Finance of the Senate and the Chairman 
and ranking member of the Committee on Ways and 
Means of the House of Representatives. Commis-
sioners shall be chosen without regard to political af-
filiation and solely on the basis of each Commis-
sioner’s fitness to perform the duties of a Commis-
sioner. 
(2) DATE.—The appointments of the initial 
members of the Commission shall be made not later 
than 90 days after the date of the enactment of this 
Act. 
(c) PERIOD OF APPOINTMENT; VACANCIES.— 
(1) IN GENERAL.—Members of the Commission 
shall each be appointed for a term of 5 years, except 
that of the members first appointed, 3 members 
shall be appointed for terms of 3 years. 
(2) VACANCIES.— 
(A) IN
GENERAL.—Any vacancy on the 
Commission shall not affect its powers, but 
shall be filled in the same manner as the origi-
nal appointment was made and shall be subject 
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to the same conditions as the original appoint-
ment. 
(B) UNEXPIRED
TERM.—An individual 
chosen to fill a vacancy shall be appointed for 
the unexpired term of the member replaced. 
(d) INITIAL MEETING.—Not later than 30 days after 
the date on which all members of the Commission have 
been appointed, the Commission shall hold its first meet-
ing. 
(e) MEETINGS.—The Commission shall meet at the 
call of the Chairperson. 
(f) QUORUM.—A majority of the members of the 
Commission shall constitute a quorum, but a lesser num-
ber of members may hold hearings. 
(g) CHAIRPERSON AND VICE CHAIRPERSON.—The 
Commission shall select a Chairperson and Vice Chair-
person from among its members. 
(h) FUNDING.—Members of the Commission shall be 
allowed travel expenses, including per diem in lieu of sub-
sistence at rates authorized for employees of agencies 
under subchapter I of chapter 57 of title 5, United States 
Code, while away from their homes or regular places of 
business in the performance of services for the Commis-
sion. 
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SEC. 303. DUTIES OF THE COMMISSION. 
(a) ADVISING CONGRESS ON THE OPERATION OF 
THE WTO DISPUTE SETTLEMENT SYSTEM.— 
(1) IN GENERAL.—The Commission shall re-
view— 
(A) all adverse reports of dispute settle-
ment panels and the Appellate Body which 
are— 
(i) adopted by the Dispute Settlement 
Body; and 
(ii) the result of a proceeding initiated 
against the United States by a WTO mem-
ber; and 
(B) upon the request of the Committee on 
Ways and Means of the House of Representa-
tives or the Committee on Finance of the Sen-
ate— 
(i) any adverse report of a dispute 
settlement panel or the Appellate Body— 
(I) which is adopted by the Dis-
pute Settlement Body; and 
(II) in which the United States is 
a complaining party; or 
(ii) any other finding which is con-
tained in a report of a dispute settlement 
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panel or the Appellate Body that is adopt-
ed by the Dispute Settlement Body. 
(2) SCOPE OF REVIEW.—The Commission shall 
advise the Congress in connection with each adverse 
finding or other finding under paragraph (1)(B) 
only whether— 
(A) the dispute settlement panel or the Ap-
pellate Body, as the case may be— 
(i) exceeded its authority or its terms 
of reference; 
(ii) added to the obligations, or dimin-
ished the rights, of the United States 
under the Uruguay Round Agreement 
which is the subject of the finding; 
(iii) acted arbitrarily or capriciously, 
engaged in misconduct, or demonstrably 
departed from the procedures specified for 
panels and the Appellate Body in the ap-
plicable Uruguay Round Agreement; and 
(iv) deviated from the applicable 
standard of review, including in anti-
dumping, countervailing duty, and other 
unfair trade remedy cases, the standard of 
review set forth in Article 17.6 of the 
Agreement on Implementation of Article 
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VI of the General Agreement on Tariffs 
and Trade 1994; and 
(B) the finding is consistent with the origi-
nal understanding by the United States of the 
Uruguay Round Agreement that is the subject 
of the finding as explained in the statement of 
administrative action approved under section 
101(a) of the Uruguay Round Agreements Act 
(19 U.S.C. 3511(a)). 
(3) NO DEFERENCE.—Applying the standards 
set forth in paragraph (2) requires that the Commis-
sion not accord deference to findings of law made by 
the dispute settlement panel or the Appellate Body, 
as the case may be. 
(b) DETERMINATION; REPORT.— 
(1) DETERMINATION.— 
(A) IN
GENERAL.—Not later than 150 
days after the date on which the Commission 
receives notice of a report or request under sec-
tion 304(b), the Commission shall make a writ-
ten determination with respect to the matters 
described in paragraph (2) of subsection (a), in-
cluding a full analysis of the basis for its deter-
mination. A vote by a majority of the members 
of the Commission shall constitute a determina-
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tion of the Commission, although the members 
need not agree on the basis for their vote. 
(B) DISSENTING
OR
CONCURRING
OPIN-
IONS.—Any member of the Commission who 
disagrees with a determination of the Commis-
sion or who concurs in such a determination on 
a basis different from that of the Commission 
or other members of the Commission, may write 
an opinion expressing such disagreement or 
concurrence, as the case may be. 
(2) REPORT.—The Commission shall promptly 
report the determinations described in paragraph 
(1)(A) to the Committee on Ways and Means of the 
House of Representatives and the Committee on Fi-
nance of the Senate. The Commission shall include 
with the report any opinions written under para-
graph (1)(B) with respect to the determination. 
(c) AVAILABILITY TO THE PUBLIC.—Each report of 
the Commission under subsection (b)(2), together with the 
opinions included with the report, shall be made available 
to the public. 
SEC. 304. POWERS OF THE COMMISSION. 
(a) HEARINGS.—The Commission may hold a public 
hearing to solicit views concerning a report of a dispute 
settlement panel or the Appellate Body described in sec-
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tion 303(a)(1), if the Commission considers such hearing 
to be necessary to carry out the purpose of this Act. The 
Commission shall provide reasonable notice of a hearing 
held pursuant to this subsection. 
(b) INFORMATION FROM INTERESTED PARTIES AND 
FEDERAL AGENCIES.— 
(1) NOTICE TO COMMISSION.— 
(A) UNDER SECTION 303(a)(1)(A).—The 
Trade Representative shall advise the Commis-
sion not later than 5 business days after the 
date the Dispute Settlement Body adopts a re-
port of a panel or the Appellate Body that is 
to be reviewed by the Commission under section 
303(a)(1)(A). 
(B) UNDER SECTION 303(a)(1)(B).—The 
Committee on Ways and Means or the Com-
mittee on Finance, as the case may be, may 
make and notify the Commission of a request 
under section 303(a)(1)(B) not later than 1 
year after the Dispute Settlement Body adopts 
the report that is the subject of the request. 
(C) REPORTS
ADOPTED
PRIOR
TO
AP-
POINTMENT OF COMMISSION.—With respect to 
any report to which section 303(a)(1)(B) ap-
plies and that is adopted before the date on 
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which the first members of the Commission are 
appointed under section 302(b)(2), the Com-
mittee on Ways and Means or the Committee 
on Finance, as the case may be, may make and 
notify the Commission of a request under sec-
tion 303(a)(1)(B) with respect to that report 
not later than 1 year after the date on which 
the first members of the Commission are ap-
pointed under section 302(b)(2). 
(2) SUBMISSIONS AND REQUESTS FOR INFOR-
MATION.— 
(A) IN GENERAL.—The Commission shall 
promptly publish in the Federal Register notice 
of the notice received under paragraph (1) from 
the Trade Representative, the Committee on 
Ways and Means, or the Committee on Fi-
nance, as the case may be, along with notice of 
an opportunity for interested parties to submit 
written comments to the Commission. The 
Commission shall make comments submitted 
pursuant to the preceding sentence available to 
the public. 
(B) INFORMATION FROM FEDERAL AGEN-
CIES
AND
DEPARTMENTS.—The Commission 
may also secure directly from any Federal de-
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partment or agency such information as the 
Commission considers necessary to carry out 
the provisions of this Act. Upon the request of 
the chairperson of the Commission, the head of 
such department or agency shall furnish the in-
formation requested to the Commission in a 
timely manner. 
(3) ACCESS TO PANEL AND APPELLATE BODY 
DOCUMENTS.— 
(A) IN GENERAL.—The Trade Representa-
tive shall make available to the Commission all 
submissions and relevant documents relating to 
a report of a panel or the Appellate Body de-
scribed in section 303(a)(1), including any in-
formation contained in such submissions identi-
fied by the provider of the information as pro-
prietary information or information designated 
as confidential by a foreign government. 
(B) 
PUBLIC
ACCESS.—Any 
document 
which the Trade Representative submits to the 
Commission shall be available to the public, ex-
cept information which is identified as propri-
etary or confidential or the disclosure of which 
would otherwise violate the rules of the WTO. 
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(c) ASSISTANCE FROM FEDERAL AGENCIES; CON-
FIDENTIALITY.— 
(1) ADMINISTRATIVE ASSISTANCE.—Any agency 
or department of the United States that is des-
ignated by the President shall provide administrative 
services, funds, facilities, staff, or other support 
services to the Commission to assist the Commission 
with the performance of the Commission’s functions. 
(2) CONFIDENTIALITY.—The Commission shall 
protect from disclosure any document or information 
submitted to it by a department or agency of the 
United States which the agency or department re-
quests be kept confidential. The Commission shall 
not be considered to be an agency for purposes of 
section 552 of title 5, United States Code. 
SEC. 305. PARTICIPATION IN WTO PANEL PROCEEDINGS. 
(a) IN GENERAL.—If the United States Trade Rep-
resentative, in proceedings before a dispute settlement 
panel or the Appellate Body of the WTO, seeks to enforce 
United States rights under a multilateral trade agreement 
or to defend a challenged action or determination of the 
United States Government, a United States citizen or an 
alien lawfully admitted for permanent residence to the 
United States that— 
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(1) is supportive of the United States Govern-
ment’s position before the panel or Appellate Body; 
and 
(2) has a direct economic interest in the panel’s 
or Appellate Body’s resolution of the matters in dis-
pute, 
shall, to the extent appropriate, be permitted to partici-
pate in consultations and panel proceedings. The Trade 
Representative shall issue regulations, consistent with sub-
sections (b) and (c), ensuring full and effective participa-
tion by any such private person. 
(b) ACCESS TO INFORMATION.—The United States 
Trade Representative shall make available to persons de-
scribed in subsection (a) all information presented to or 
otherwise obtained by the Trade Representative in connec-
tion with a WTO dispute settlement proceeding. The 
United States Trade Representative shall promulgate reg-
ulations implementing a protective order system to protect 
information designated by the submitting member as con-
fidential. 
(c) PARTICIPATION IN PANEL PROCESS.—Upon re-
quest from a person described in subsection (a), the 
United States Trade Representative shall— 
(1) consult in advance with such person regard-
ing the content of written submissions from the 
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United States to the WTO panel concerned or to the 
other member countries involved; 
(2) include, where appropriate, such person or 
its appropriate representative as an advisory mem-
ber of the delegation in sessions of the dispute set-
tlement panel; 
(3) allow such special delegation member, where 
such member would bring special knowledge to the 
proceeding, to appear before the panel, directly or 
through counsel, under the supervision of responsible 
United States Government officials; and 
(4) in proceedings involving confidential infor-
mation, allow appearance of such person only 
through counsel as a member of the special delega-
tion. 
SEC. 306. DEFINITIONS. 
In this title: 
(1) ADVERSE
FINDING.—The term ‘‘adverse 
finding’’ means— 
(A) in a proceeding of a panel or the Ap-
pellate Body that is initiated against the United 
States, a finding by the panel or the Appellate 
Body that any law or regulation of, or applica-
tion thereof by, the United States, or any State, 
is inconsistent with the obligations of the 
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United States under a Uruguay Round Agree-
ment (or nullifies or impairs benefits accruing 
to a WTO member under such an Agreement); 
or 
(B) in a proceeding of a panel or the Ap-
pellate Body in which the United States is a 
complaining party, any finding by the panel or 
the Appellate Body that a measure of the party 
complained against is not inconsistent with that 
party’s obligations under a Uruguay Round 
Agreement (or does not nullify or impair bene-
fits accruing to the United States under such 
an Agreement). 
(2) APPELLATE BODY.—The term ‘‘Appellate 
Body’’ means the Appellate Body established by the 
Dispute Settlement Body pursuant to Article 17.1 of 
the Dispute Settlement Understanding. 
(3) DISPUTE
SETTLEMENT
BODY.—The term 
‘‘Dispute Settlement Body’’ means the Dispute Set-
tlement Body established pursuant to the Dispute 
Settlement Understanding. 
(4) DISPUTE
SETTLEMENT
PANEL; PANEL.— 
The terms ‘‘dispute settlement panel’’ and ‘‘panel’’ 
mean a panel established pursuant to Article 6 of 
the Dispute Settlement Understanding. 
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(5) DISPUTE SETTLEMENT UNDERSTANDING.— 
The term ‘‘Dispute Settlement Understanding’’ 
means the Understanding on Rules and Procedures 
Governing the Settlement of Disputes referred to in 
section 101(d)(16) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3511(d)(16)). 
(6) TERMS OF REFERENCE.—The term ‘‘terms 
of reference’’ has the meaning given that term in the 
Dispute Settlement Understanding. 
(7) 
TRADE
REPRESENTATIVE.—The 
term 
‘‘Trade Representative’’ means the United States 
Trade Representative. 
(8) URUGUAY ROUND AGREEMENT.—The term 
‘‘Uruguay Round Agreement’’ means any of the 
Agreements described in section 101(d) of the Uru-
guay Round Agreements Act. 
(9) WORLD TRADE ORGANIZATION; WTO.—The 
terms ‘‘World Trade Organization’’ and ‘‘WTO’’ 
mean the organization established pursuant to the 
WTO Agreement. 
(10) WTO AGREEMENT.—The term ‘‘WTO 
Agreement’’ means the Agreement Establishing the 
World Trade Organization entered into on April 15, 
1994. 
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(11) WTO MEMBER.—The term ‘‘WTO mem-
ber’’ has the meaning given that term in section 
2(10) of the Uruguay Round Agreements Act (19 
U.S.C. 3501(10)). 
TITLE 
IV—IMPOSITION 
OF 
COUNTERVAILING DUTIES TO 
ADDRESS SUBSIDIES RELAT-
ING TO FUNDAMENTALLY UN-
DERVALUED CURRENCIES 
SEC. 401. CLARIFICATION REGARDING DEFINITION OF 
COUNTERVAILABLE SUBSIDY. 
(a) BENEFIT CONFERRED.—Section 771(5)(E) of 
the Tariff Act of 1930 (19 U.S.C. 1677(5)(E)) is amend-
ed— 
(1) in clause (iii), by striking ‘‘and’’ at the end; 
(2) in clause (iv), by striking the period at the 
end and inserting ‘‘, and’’; and 
(3) by inserting after clause (iv) the following 
new clause: 
‘‘(v) in the case in which the currency 
of a country in which the subject merchan-
dise is produced is exchanged for foreign 
currency obtained from export trans-
actions, and the currency of such country 
is a fundamentally undervalued currency, 
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as defined in paragraph (37), the dif-
ference between the amount of the cur-
rency of such country provided and the 
amount of the currency of such country 
that would have been provided if the real 
effective exchange rate of the currency of 
such country were not undervalued, as de-
termined pursuant to paragraph (38).’’. 
(b) EXPORT SUBSIDY.—Section 771(5A)(B) of the 
Tariff Act of 1930 (19 U.S.C. 1677(5A)(B)) is amended 
by adding at the end the following new sentence: ‘‘In the 
case of a subsidy relating to a fundamentally undervalued 
currency, the fact that the subsidy may also be provided 
in circumstances not involving export shall not, for that 
reason alone, mean that the subsidy cannot be considered 
contingent upon export performance.’’. 
(c) DEFINITION
OF
FUNDAMENTALLY
UNDER-
VALUED CURRENCY.—Section 771 of the Tariff Act of 
1930 (19 U.S.C. 1677) is amended by adding at the end 
the following new paragraph: 
‘‘(37) FUNDAMENTALLY
UNDERVALUED
CUR-
RENCY.—The administering authority shall deter-
mine that the currency of a country in which the 
subject merchandise is produced is a ‘fundamentally 
undervalued currency’ if— 
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‘‘(A) the government of the country (in-
cluding any public entity within the territory of 
the country) engages in protracted, large-scale 
intervention in one or more foreign exchange 
markets during part or all of the 18-month pe-
riod that represents the most recent 18 months 
for which the information required under para-
graph (38) is reasonably available, but that 
does not include any period of time later than 
the final month in the period of investigation or 
the period of review, as applicable; 
‘‘(B) the real effective exchange rate of the 
currency is undervalued by at least 5 percent, 
on average and as calculated under paragraph 
(38), relative to the equilibrium real effective 
exchange rate for the country’s currency during 
the 18-month period; 
‘‘(C) during the 18-month period, the 
country has experienced significant and per-
sistent global current account surpluses; and 
‘‘(D) during the 18-month period, the for-
eign asset reserves held by the government of 
the country exceed— 
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‘‘(i) the amount necessary to repay all 
debt obligations of the government falling 
due within the coming 12 months; 
‘‘(ii) 20 percent of the country’s 
money supply, using standard measures of 
M2; and 
‘‘(iii) the value of the country’s im-
ports during the previous 4 months.’’. 
(d) DEFINITION OF REAL EFFECTIVE EXCHANGE 
RATE UNDERVALUATION.—Section 771 of the Tariff Act 
of 1930 (19 U.S.C. 1677), as amended by subsection (c) 
of this section, is further amended by adding at the end 
the following new paragraph: 
‘‘(38) REAL
EFFECTIVE
EXCHANGE
RATE 
UNDERVALUATION.—The calculation of real effective 
exchange rate undervaluation, for purposes of para-
graph (5)(E)(v) and paragraph (37), shall— 
‘‘(A)(i) rely upon, and where appropriate 
be the simple average of, the results yielded 
from application of the approaches described in 
the guidelines of the International Monetary 
Fund’s Consultative Group on Exchange Rate 
Issues; or 
‘‘(ii) if the guidelines of the International 
Monetary Fund’s Consultative Group on Ex-
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change Rate Issues are not available, be based 
on generally accepted economic and econometric 
techniques and methodologies to measure the 
level of undervaluation; 
‘‘(B) rely upon data that are publicly avail-
able, reliable, and compiled and maintained by 
the International Monetary Fund or, if the 
International Monetary Fund cannot provide 
the data, by other international organizations or 
by national governments; and 
‘‘(C) use inflation-adjusted, trade-weighted 
exchange rates.’’. 
SEC. 402. REPORT ON IMPLEMENTATION OF TITLE. 
(a) IN GENERAL.—Not later than 9 months after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to Congress a report 
on the implementation of the amendments made by this 
title. 
(b) MATTERS TO BE INCLUDED.—The report re-
quired by subsection (a) shall include a description of the 
extent to which United States industries that have been 
materially injured by reason of imports of subject mer-
chandise produced in foreign countries with fundamentally 
undervalued currencies have received relief under title VII 
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of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), as 
amended by this title. 
SEC. 403. APPLICATION TO GOODS FROM CANADA AND 
MEXICO. 
Pursuant to article 1902 of the North American Free 
Trade Agreement and section 408 of the North American 
Free Trade Agreement Implementation Act of 1993 (19 
U.S.C. 3438), the amendments made by section 501 of 
this title shall apply to goods from Canada and Mexico. 
TITLE V—PROCEDURES FOR IN-
VESTIGATING 
CLAIMS 
OF 
EVASION 
OF 
ANTIDUMPING 
AND COUNTERVAILING DUTY 
ORDERS 
SEC. 501. PROTECTION OF BUSINESS PROPRIETARY INFOR-
MATION. 
Section 517(b) of the Tariff Act of 1930 (19 U.S.C. 
1517(b)) is amended by adding at the end the following: 
‘‘(8) BUSINESS PROPRIETARY INFORMATION.— 
‘‘(A) ESTABLISHMENT OF PROCEDURES.— 
For each investigation conducted under para-
graph (1), the Commissioner shall establish 
procedures for the submission of business pro-
prietary information under an administrative 
protective order that— 
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‘‘(i) protects against public disclosure 
of such information; and 
‘‘(ii) for purposes of submitting com-
ments to the Commissioner, provides lim-
ited access to such information for— 
‘‘(I) the person that submitted 
the petition under paragraph (2); and 
‘‘(II) the person alleged to have 
entered covered merchandise into the 
customs territory of the United States 
through evasion. 
‘‘(B) ADMINISTRATION
IN
ACCORDANCE 
WITH
OTHER
PROCEDURES.—The procedures 
established under subparagraph (A) shall be ad-
ministered, to the maximum extent practicable, 
in accordance with administrative protective 
order procedures under section 777 by the ad-
ministering authority. 
‘‘(C) DISCLOSURE OF BUSINESS PROPRI-
ETARY
INFORMATION.—The 
Commissioner 
shall, in accordance with the procedures estab-
lished under subparagraph (A), make all busi-
ness proprietary information presented to, or 
obtained by, the Commissioner during an inves-
tigation available to the persons specified in 
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subparagraph (A)(ii) under an administrative 
protective order, regardless of when such infor-
mation is submitted during an investigation.’’. 
SEC. 502. APPLICATION TO CANADA AND MEXICO. 
Pursuant to article 1902 of the North American Free 
Trade Agreement and section 408 of the North American 
Free Trade Agreement Implementation Act (19 U.S.C. 
3438), the amendments made by this title shall apply with 
respect to goods from Canada and Mexico. 
TITLE 
VI—MATTERS 
TO 
EN-
COURAGE 
DOMESTIC 
INSOURCING AND DISCOUR-
AGE FOREIGN OUTSOURCING 
SEC. 601. CREDIT FOR INSOURCING EXPENSES. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by adding at the end the following new 
section: 
‘‘SEC. 45S. CREDIT FOR INSOURCING EXPENSES. 
‘‘(a) IN GENERAL.—For purposes of section 38, the 
insourcing expenses credit for any taxable year is an 
amount equal to 20 percent of the eligible insourcing ex-
penses of the taxpayer which are taken into account in 
such taxable year under subsection (d). 
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‘‘(b) ELIGIBLE INSOURCING EXPENSES.—For pur-
poses of this section— 
‘‘(1) 
IN
GENERAL.—The 
term 
‘eligible 
insourcing expenses’ means— 
‘‘(A) eligible expenses paid or incurred by 
the taxpayer in connection with the elimination 
of any business unit of the taxpayer (or of any 
member of any expanded affiliated group in 
which the taxpayer is also a member) located 
outside the United States, and 
‘‘(B) eligible expenses paid or incurred by 
the taxpayer in connection with the establish-
ment of any business unit of the taxpayer (or 
of any member of any expanded affiliated group 
in which the taxpayer is also a member) located 
within the United States, 
if such establishment constitutes the relocation of 
the business unit so eliminated. For purposes of the 
preceding sentence, a relocation shall not be treated 
as failing to occur merely because such elimination 
occurs in a different taxable year than such estab-
lishment. 
‘‘(2) ELIGIBLE EXPENSES.—The term ‘eligible 
expenses’ means— 
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‘‘(A) any amount for which a deduction is 
allowed to the taxpayer under section 162, and 
‘‘(B) permit and license fees, lease broker-
age fees, equipment installation costs, and, to 
the extent provided by the Secretary, other 
similar expenses. 
Such term does not include any compensation which 
is paid or incurred in connection with severance 
from employment and, to the extent provided by the 
Secretary, any similar amount. 
‘‘(3) BUSINESS UNIT.—The term ‘business unit’ 
means— 
‘‘(A) any trade or business, and 
‘‘(B) any line of business, or functional 
unit, which is part of any trade or business. 
‘‘(4) EXPANDED
AFFILIATED
GROUP.—The 
term ‘expanded affiliated group’ means an affiliated 
group as defined in section 1504(a), determined 
without regard to section 1504(b)(3) and by sub-
stituting ‘more than 50 percent’ for ‘at least 80 per-
cent’ each place it appears in section 1504(a). A 
partnership or any other entity (other than a cor-
poration) shall be treated as a member of an ex-
panded affiliated group if such entity is controlled 
(within the meaning of section 954(d)(3)) by mem-
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bers of such group (including any entity treated as 
a member of such group by reason of this para-
graph). 
‘‘(5) EXPENSES
MUST
BE
PURSUANT
TO 
INSOURCING PLAN.—Amounts shall be taken into ac-
count under paragraph (1) only to the extent that 
such amounts are paid or incurred pursuant to a 
written plan to carry out the relocation described in 
paragraph (1). 
‘‘(6) OPERATING EXPENSES NOT TAKEN INTO 
ACCOUNT.—Any amount paid or incurred in connec-
tion with the ongoing operation of a business unit 
shall not be treated as an amount paid or incurred 
in connection with the establishment or elimination 
of such business unit. 
‘‘(c) INCREASED DOMESTIC EMPLOYMENT REQUIRE-
MENT.—No credit shall be allowed under this section un-
less the number of full-time equivalent employees of the 
taxpayer for the taxable year for which the credit is 
claimed exceeds the number of full-time equivalent em-
ployees of the taxpayer for the last taxable year ending 
before the first taxable year in which such eligible 
insourcing expenses were paid or incurred. For purposes 
of this subsection, full-time equivalent employees has the 
meaning given such term under section 45R(d) (and the 
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applicable rules of section 45R(e)), determined by only 
taking into account wages (as otherwise defined in section 
45R(e)) paid with respect to services performed within the 
United States. All employers treated as a single employer 
under subsection (b), (c), (m), or (o) of section 414 shall 
be treated as a single employer for purposes of this sub-
section. 
‘‘(d) CREDIT ALLOWED UPON COMPLETION
OF 
INSOURCING PLAN.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), eligible insourcing expenses shall be taken 
into account under subsection (a) in the taxable year 
during which the plan described in subsection (b)(5) 
has been completed and all eligible insourcing ex-
penses pursuant to such plan have been paid or in-
curred. 
‘‘(2) ELECTION TO APPLY EMPLOYMENT TEST 
AND CLAIM CREDIT IN FIRST FULL TAXABLE YEAR 
AFTER
COMPLETION
OF
PLAN.—If the taxpayer 
elects the application of this paragraph, eligible 
insourcing expenses shall be taken into account 
under subsection (a) in the first taxable year after 
the taxable year described in paragraph (1). 
‘‘(e) POSSESSIONS TREATED
AS PART
OF
THE 
UNITED STATES.—For purposes of this section, the term 
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‘United States’ shall be treated as including each posses-
sion of the United States (including the Commonwealth 
of Puerto Rico and the Commonwealth of the Northern 
Mariana Islands). 
‘‘(f) REGULATIONS.—The Secretary shall prescribe 
such regulations or other guidance as may be necessary 
or appropriate to carry out the purposes of this section.’’. 
(b) CREDIT TO BE PART OF GENERAL BUSINESS 
CREDIT.—Section 38(b) of such Code is amended by strik-
ing ‘‘plus’’ at the end of paragraph (35), by striking the 
period at the end of paragraph (36) and inserting ‘‘, plus’’, 
and by adding at the end the following new paragraph: 
‘‘(37) the insourcing expenses credit determined 
under section 45S(a).’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for subpart D of part IV of subchapter A of chapter 1 
of such Code is amended by adding at the end the fol-
lowing new item: 
‘‘Sec. 45S. Credit for insourcing expenses.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to amounts paid or incurred after 
the date of the enactment of this Act. 
(e) APPLICATION
TO
UNITED
STATES
POSSES-
SIONS.— 
(1) PAYMENTS TO POSSESSIONS.— 
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(A) MIRROR
CODE
POSSESSIONS.—The 
Secretary of the Treasury shall make periodic 
payments to each possession of the United 
States with a mirror code tax system in an 
amount equal to the loss to that possession by 
reason of section 45S of the Internal Revenue 
Code of 1986. Such amount shall be determined 
by the Secretary of the Treasury based on in-
formation provided by the government of the re-
spective possession. 
(B) OTHER POSSESSIONS.—The Secretary 
of the Treasury shall make annual payments to 
each possession of the United States which does 
not have a mirror code tax system in an 
amount estimated by the Secretary of the 
Treasury as being equal to the aggregate bene-
fits that would have been provided to residents 
of such possession by reason of section 45S of 
such Code if a mirror code tax system had been 
in effect in such possession. The preceding sen-
tence shall not apply with respect to any posses-
sion of the United States unless such possession 
has a plan, which has been approved by the 
Secretary of the Treasury, under which such 
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possession will promptly distribute such pay-
ment to the residents of such possession. 
(2) COORDINATION
WITH
CREDIT
ALLOWED 
AGAINST UNITED STATES INCOME TAXES.—No cred-
it shall be allowed against United States income 
taxes under section 45S of such Code to any per-
son— 
(A) to whom a credit is allowed against 
taxes imposed by the possession by reason of 
such section, or 
(B) who is eligible for a payment under a 
plan described in paragraph (1)(B). 
(3) DEFINITIONS AND SPECIAL RULES.— 
(A) 
POSSESSIONS
OF
THE
UNITED 
STATES.—For purposes of this section, the 
term ‘‘possession of the United States’’ includes 
the Commonwealth of Puerto Rico and the 
Commonwealth of the Northern Mariana Is-
lands. 
(B) MIRROR CODE TAX SYSTEM.—For pur-
poses of this section, the term ‘‘mirror code tax 
system’’ means, with respect to any possession 
of the United States, the income tax system of 
such possession if the income tax liability of the 
residents of such possession under such system 
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is determined by reference to the income tax 
laws of the United States as if such possession 
were the United States. 
(C) TREATMENT OF PAYMENTS.—For pur-
poses of section 1324(b)(2) of title 31, United 
States Code, the payments under this section 
shall be treated in the same manner as a refund 
due from sections referred to in such section 
1324(b)(2). 
SEC. 602. DENIAL OF DEDUCTION FOR OUTSOURCING EX-
PENSES. 
(a) IN GENERAL.—Part IX of subchapter B of chap-
ter 1 of the Internal Revenue Code of 1986 is amended 
by adding at the end the following new section: 
‘‘SEC. 280I. OUTSOURCING EXPENSES. 
‘‘(a) IN GENERAL.—No deduction otherwise allow-
able under this chapter shall be allowed for any specified 
outsourcing expense. 
‘‘(b) SPECIFIED OUTSOURCING EXPENSE.—For pur-
poses of this section— 
‘‘(1) IN
GENERAL.—The term ‘specified out-
sourcing expense’ means— 
‘‘(A) any eligible expense paid or incurred 
by the taxpayer in connection with the elimi-
nation of any business unit of the taxpayer (or 
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of any member of any expanded affiliated group 
in which the taxpayer is also a member) located 
within the United States, and 
‘‘(B) any eligible expense paid or incurred 
by the taxpayer in connection with the estab-
lishment of any business unit of the taxpayer 
(or of any member of any expanded affiliated 
group in which the taxpayer is also a member) 
located outside the United States, 
if such establishment constitutes the relocation of 
the business unit so eliminated. For purposes of the 
preceding sentence, a relocation shall not be treated 
as failing to occur merely because such elimination 
occurs in a different taxable year than such estab-
lishment. 
‘‘(2) APPLICATION
OF
CERTAIN
DEFINITIONS 
AND RULES.— 
‘‘(A) DEFINITIONS.—For purposes of this 
section, the terms ‘eligible expenses’, ‘business 
unit’, and ‘expanded affiliated group’ shall have 
the respective meanings given such terms by 
section 45S(b). 
‘‘(B) OPERATING EXPENSES NOT TAKEN 
INTO ACCOUNT.—A rule similar to the rule of 
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section 45S(b)(6) shall apply for purposes of 
this section. 
‘‘(c) SPECIAL RULES.— 
‘‘(1) APPLICATION
TO
DEDUCTIONS
FOR
DE-
PRECIATION
AND
AMORTIZATION.—In the case of 
any portion of a specified outsourcing expense which 
is not deductible in the taxable year in which paid 
or incurred, such portion shall neither be chargeable 
to capital account nor amortizable. 
‘‘(2) POSSESSIONS TREATED AS PART OF THE 
UNITED STATES.—For purposes of this section, the 
term ‘United States’ shall be treated as including 
each possession of the United States (including the 
Commonwealth of Puerto Rico and the Common-
wealth of the Northern Mariana Islands). 
‘‘(d) REGULATIONS.—The Secretary shall prescribe 
such regulations or other guidance as may be necessary 
or appropriate to carry out the purposes of this section, 
including regulations which provide (or create a rebuttable 
presumption) that certain establishments of business units 
outside the United States will be treated as relocations 
(based on timing or such other factors as the Secretary 
may provide) of business units eliminated within the 
United States.’’. 
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(b) LIMITATION ON SUBPART F INCOME OF CON-
TROLLED FOREIGN CORPORATIONS DETERMINED WITH-
OUT REGARD TO SPECIFIED OUTSOURCING EXPENSES.— 
Section 952(c) of such Code is amended by adding at the 
end the following new paragraph: 
‘‘(4) EARNINGS
AND
PROFITS
DETERMINED 
WITHOUT REGARD TO SPECIFIED OUTSOURCING EX-
PENSES.—For purposes of this subsection, earnings 
and profits of any controlled foreign corporation 
shall be determined without regard to any specified 
outsourcing 
expense 
(as 
defined 
in 
section 
280I(b)).’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for part IX of subchapter B of chapter 1 of such Code 
is amended by adding at the end the following new item: 
‘‘Sec. 280I. Outsourcing expenses.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to amounts paid or incurred after 
the date of the enactment of this Act. 
TITLE VII—MATTERS RELATING 
TO 
ENVIRONMENTAL 
PRO-
TECTIONS 
SEC. 701. ENVIRONMENTAL PROTECTION IN TRADE RELA-
TIONS. 
Section 301(d)(3)(B) of the Trade Act of 1974 (19 
U.S.C. 2411(d)(3)(B)) is amended— 
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(1) in clause (iii)(V), by striking ‘‘or’’ at the 
end; 
(2) in clause (iv), by striking the period at the 
end and inserting ‘‘, or’’; 
(3) by moving clause (iv), as so amended, two 
ems to the left; and 
(4) by adding at the end the following: 
‘‘(v) constitutes a persistent pattern 
of conduct that— 
‘‘(I) fails to effectively enforce 
the environmental laws of a foreign 
country, 
‘‘(II) waives or otherwise dero-
gates from the environmental laws of 
a foreign country or weakens the pro-
tections afforded by such laws, 
‘‘(III) fails to provide for judicial 
or administrative proceedings giving 
access to remedies for violations of the 
environmental laws of a foreign coun-
try, 
‘‘(IV) fails to provide appropriate 
and effective sanctions or remedies for 
violations of the environmental laws of 
a foreign country, or 
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‘‘(V) fails to implement environ-
mental commitments in agreements to 
which a foreign country and the 
United States are a party.’’. 
SEC. 702. IDENTIFICATION OF FOREIGN COUNTRY TRADE 
PRACTICES THAT NEGATIVELY AFFECT THE 
ENVIRONMENT. 
(a) IN GENERAL.—Chapter 1 of title III of the Trade 
Act of 1974 (19 U.S.C. 2411 et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 311. IDENTIFICATION OF FOREIGN COUNTRY TRADE 
PRACTICES THAT NEGATIVELY AFFECT THE 
ENVIRONMENT. 
‘‘(a) IDENTIFICATION.— 
‘‘(1) IN GENERAL.—The Trade Representative 
shall identify those foreign country trade practices 
that cause negative environmental impacts on the 
protection of human, animal, or plant life or health, 
or the conservation of exhaustible natural resources 
in the United States, the foreign country, a third 
country, or internationally. 
‘‘(2) FACTORS.—In identifying foreign country 
trade practices under paragraph (1), the Trade Rep-
resentative shall take into account all relevant fac-
tors, including— 
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‘‘(A) the strength of the connection be-
tween trade and the negative environmental im-
pact; 
‘‘(B) the significance of the negative envi-
ronmental impact on the protection of human, 
animal or plant life or health, or the conserva-
tion of exhaustible natural resources; and 
‘‘(C) the costs and benefits of addressing 
the negative environmental impact through the 
authorities under section 301. 
‘‘(3) CONSULTATION.—In identifying foreign 
country trade practices under paragraph (1), the 
Trade Representative shall provide the opportunity 
for input by and consultation with interested per-
sons, including private or nongovernmental organiza-
tions working towards environmental protection or 
conservation, domestic industrial users of any goods 
that may be affected by this section, and appropriate 
Federal departments and agencies. 
‘‘(b) REPORT.— 
‘‘(1) IN GENERAL.—Not later than 270 days 
after the date of submission of a report under sec-
tion 181(b) of this Act, and every 2 years thereafter, 
the Trade Representative shall submit to the Com-
mittee on Ways and Means of the House of Rep-
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resentatives and the Committee on Finance of the 
Senate and publish in the Federal Register a report 
on the foreign country trade practices identified 
under subsection (a). 
‘‘(2) MATTERS TO BE INCLUDED.—The Trade 
Representative may include in the report, if appro-
priate— 
‘‘(A) a description of other foreign country 
trade practices that may in the future warrant 
inclusion in the report as foreign country trade 
practices that negatively affect the environment; 
and 
‘‘(B) a statement regarding other foreign 
country trade practices that negatively affect 
the environment that have not been identified 
because they are subject to other provisions of 
United States trade law, existing bilateral trade 
agreements, or trade negotiations, and progress 
is being made toward the mitigation, reduction, 
or elimination of the negative environmental im-
pacts of such foreign country trade practices.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Trade Act of 1974 is amended by inserting after 
the item relating to section 310 the following new item: 
‘‘Sec. 311. Identification of foreign country trade practices that negatively af-
fect the environment.’’. 
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TITLE VIII—OTHER MATTERS 
SEC. 801. MODIFICATION OF AVAILABILITY OF AMOUNTS 
FROM TRADE ENFORCEMENT TRUST FUND. 
Section 611(d)(1) of the Trade Facilitation and 
Trade Enforcement Act of 2015 (Public Law 114–125; 
19 U.S.C. 4405(d)(1)) is amended by striking ‘‘, only as 
provided by appropriations Acts,’’. 
SEC. 802. GOVERNMENT ACCOUNTABILITY OFFICE REPORT 
ON COMMITMENTS UNDER CERTAIN INTER-
NATIONAL FORA. 
(a) IN GENERAL.—Not later than December 31 of 
each year after 2018, the Comptroller General of the 
United States shall submit to the Committee on Ways and 
Means of the House of Representatives and the Committee 
on Finance of the Senate a report that assesses the 
progress in achieving compliance by other countries with 
commitments made under the international fora described 
in subsection (b). 
(b) INTERNATIONAL FORA DESCRIBED.—The inter-
national fora described in this subsection are the following: 
(1) The Group of Seven (G–7). 
(2) The Group of Twenty (G–20). 
(3) The International Monetary Fund. 
(4) The U.S.-China Strategic and Economic 
Dialogue. 
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(5) The U.S.-China Joint Commission on Com-
merce and Trade. 
(6) The Global Forum on Excess Steel Capac-
ity. 
(7) The Steel Committee of the Organization 
for Economic Cooperation and Development. 
(8) The High Level Economic Dialogue with 
Mexico. 
(9) The U.S.-India Strategic and Commercial 
Dialogue. 
SEC. 803. GOVERNMENT ACCOUNTABILITY OFFICE REPORT 
ON ENFORCEMENT OF CHILD LABOR PROHI-
BITION. 
Not later than May 31 of each year after 2018, the 
Comptroller General of the United States shall submit to 
the Committee on Ways and Means of the House of Rep-
resentatives and the Committee on Finance of the Senate 
a report that assesses the progress in ensuring that goods 
made with child labor do not enter the customs territory 
of the United States. 
SEC. 804. CONGRESSIONAL ADVISORY GROUPS ON EN-
FORCEMENT. 
(a) IN GENERAL.—Section 104(c) of the Bipartisan 
Congressional Trade Priorities and Accountability Act of 
2015 (19 U.S.C. 4203(c)) is amended— 
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(1) by redesignating subsections (d) through (f) 
as subsections (e) through (g), respectively; and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) CONGRESSIONAL ADVISORY GROUPS ON EN-
FORCEMENT.— 
‘‘(1) IN GENERAL.—By not later than 60 days 
after the date of the enactment of the Trade En-
forcement Act of 2017, and not later than 30 days 
after the convening of each Congress, the chairman 
of the Committee on Ways and Means of the House 
of Representatives shall convene the House Advisory 
Group on Enforcement and the chairman of the 
Committee on Finance of the Senate shall convene 
the Senate Advisory Group on Enforcement (in this 
subsection referred to collectively as the ‘congres-
sional advisory groups on enforcement’). 
‘‘(2) MEMBERS AND FUNCTIONS.— 
‘‘(A) MEMBERSHIP OF THE HOUSE ADVI-
SORY GROUP ON ENFORCEMENT.—In each Con-
gress, the House Advisory Group on Enforce-
ment shall be comprised of the following Mem-
bers of the House of Representatives: 
‘‘(i) The chairman and ranking minor-
ity member of the Committee on Ways and 
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Means and every member of the Sub-
committee of Trade of such committee. 
‘‘(ii) The chairman and ranking mi-
nority member, or their designees, of the 
committees of the House of Representa-
tives that would have, under the Rules of 
the House of Representatives, jurisdiction 
over provisions of law affected by trade en-
forcement at any time during that Con-
gress and to which this Act would apply. 
‘‘(B) MEMBERSHIP OF THE SENATE ADVI-
SORY GROUP ON ENFORCEMENT.—In each Con-
gress, the Senate Advisory Group on Enforce-
ment shall be comprised of the following Mem-
bers of the Senate: 
‘‘(i) The chairman and ranking minor-
ity member of the Committee on Finance 
and every member of the Subcommittee on 
International Trade, Customs, and Global 
Competitiveness of such committee. 
‘‘(ii) The chairman and ranking mi-
nority member, or their designees, of the 
committees of the Senate that would have, 
under the Rules of the Senate, jurisdiction 
over provisions of law affected by trade en-
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forcement at any time during that Con-
gress and to which this Act would apply. 
‘‘(C) CONSULTATION
AND
ADVICE.—The 
congressional advisory groups on enforcement 
shall consult with and provide advice to the 
Trade Representative regarding the formulation 
and implementation of specific objectives, strat-
egies, and positions with respect to enforcing 
the provisions of existing trade agreements to 
which the United States is a party. 
‘‘(D) CHAIR.—The House Advisory Group 
on Enforcement shall be chaired by the chair-
man of the Committee on Ways and Means of 
the House of Representatives, and the Senate 
Advisory Group on Enforcement shall be 
chaired by the chairman of the Committee on 
Finance of the Senate. 
‘‘(3) MEETINGS.— 
‘‘(A) QUARTERLY MEETINGS.—The Presi-
dent shall meet with the congressional advisory 
groups on enforcement at least four times in 
each calendar year. 
‘‘(B) REQUEST FOR MEETING.—Upon the 
request of a majority of the members of either 
of the congressional advisory groups on enforce-
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ment, the President shall meet with that 
group.’’. 
(b) PROCEDURAL DISAPPROVAL RESOLUTION.—Sec-
tion 106(b)(1)(B)(ii) of the Bipartisan Congressional 
Trade Priorities and Accountability Act of 2015 (19 
U.S.C. 4205(b)(1)(B)(ii)) is amended— 
(1) in subclause (III), by striking ‘‘or’’ at the 
end; 
(2) by redesignating subclause (IV) as sub-
clause (V); and 
(3) by inserting after subclause (III) the fol-
lowing new subclause: 
‘‘(IV) the President has not met 
with the House Advisory Group on 
Enforcement or the Senate Advisory 
Group on Enforcement, pursuant to 
section 104(d)(3), with respect to the 
enforcement of existing trade agree-
ments to which the United States is a 
party; or’’. 
Æ 
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