Super 301 Trade Enforcement Priorities Act Introduced in Senate
On October 28, 2009, Senator Brown (D) and four co-sponsors1 introduced S. 1982, the Trade Enforcement Priorities Act, to renew and extend provisions relating to identification of trade enforcement priorities, and for other purposes.
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Bill Would Reinstate a Modified Super 301 Authority
According to a press release by Senator Brown, S. 1982 would reinstate a modified "Super 301" authority.
(Super 301 was initially mandated by the Omnibus Trade and Competitiveness Act of 1988 for a two-year period. It was reinstituted by Executive Order in 1994 for a two-year period, and extended in 1995 to calendar years 1996 and 1997. On April 1999, Super 301 was again reinstituted by Executive Order for the years of 1999-2001. It has not been renewed since then.)
S. 1982 would amend 19 USC 2420 to:
USTR to identify priority country trade practices. Require the U.S. Trade Representative, not later than 75 days after the National Trade Estimate (NTE) is submitted, to submit an annual report to the Senate Finance and House Ways and Means Committees that identifies (i) trade enforcement priorities of the U.S.; (ii) trade enforcement actions taken during the previous year and an assessment of their impact; (iii) priority foreign country trade practices on which the USTR will focus U.S. trade enforcement efforts during the upcoming year.
Identification to focus on growth, China. In identifying priority foreign country trade practices, the USTR should focus on eliminating practices that would most likely result in an increase in U.S. economic growth; concentrate on U.S. trading partners that represent (i) the largest trade deficit in dollar value (excluding oil); (ii) the most negative impact on jobs; etc.
Consultations with congressional committees. Require the USTR, within 90 days of submitting the NTE, to consult with the Senate Finance and House Ways and Means Committees regarding the priorities, actions, assessments, and practices outlined by the USTR in the annual report.
Committees could also ID priority country trade practices. If either Committee requests identification of a priority foreign country trade practice by a majority vote, the USTR would be required to include such identification in its annual report unless (i) such practice is already being addressed; or (ii) such identification would be contrary to the interests of U.S. trade policy. The USTR would be required to set forth the reasons for such a determination in its annual report.
Negotiations required. Require the USTR, not later than 120 days after the USTR submits its annual report, to engage in negotiations with the country concerned to resolve the practices identified in the report.
(For WTO countries, the USTR would be required to initiate WTO dispute settlement consultations, seek to negotiate an agreement that provides for elimination of the practice, or take any other necessary action.
For non-WTO countries, the USTR would be required to initiate a Section 301 investigation, seek to negotiate an agreement that provides for the elimination of the practice, or take any other necessary action. In the past, under Section 301, the U.S. has usually chosen 100% duties on specified products of the country subject to the investigation as its retaliatory action.)
Semi-annual report. Require the USTR, not later than 180 days after the enactment, and every 180 days thereafter, to report to the Senate Finance and House Ways and Means Committees on the progress being made in realizing the trade enforcement priorities and steps being taken to address the identified priority foreign country trade practices.
Biennial report. Require the Government Accountability Office, not later than two years after the date of enactment, and every two years thereafter, to submit to the Senate Finance and House Ways and Means Committees a report assessing the actions taken by the USTR to realize the identified trade enforcement priorities and steps being taken to address the identified priority foreign country practices.
1Senators Feingold (D), Specter (D), Levin (D), and Stabenow (D).
S. 1982 available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:s1982is.txt.pdf.
Senator Brown's press release (dated 10/28/09) available at http://brown.senate.gov/newsroom/press_releases/release/?id=5edacdf2-2e86-4027-be0c-8b81b6c8eea3