Sec. 3. Availability of amounts from Trust Fund
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The President is authorized to make available such sums as are available in the Trust Fund, including any amounts not obligated in previous fiscal years, to— the United States Trade Representative to take the actions described in subsection (b)(1); and the United States Trade Representative, the Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of Labor, and the heads of other departments and agencies with relevant expertise, as appropriate, to take the actions described in subsection (b)(2).
The actions described in this paragraph are the following: To seek to enforce and resolve any inconsistencies with the provisions, commitments, and obligations of any party made pursuant to any free trade agreement with the United States. To monitor the implementation of commitments and obligations of any party made pursuant to any free trade agreement with the United States for purposes of systematically assessing, identifying, investigating, or initiating steps to address inconsistencies with such commitments and obligations.
To investigate and respond to petitions pursuant to section 301 of the Trade Act of 1974 ( 19 U.S.C. 2411 ). To seek to enforce and resolve inconsistencies with the provisions, commitments, and obligations of World Trade Organization member countries under the WTO Agreement (as defined in section 2(9) of the Uruguay Round Agreements Act) and the agreements annexed to that Agreement (as specified in section 101(d) of the Uruguay Round Agreements Act). The actions described in this paragraph are the following:
To ensure capacity-building efforts undertaken by the United States pursuant to any free trade agreement prioritize and give special attention to the timely, consistent, and robust implementation of any labor and environmental commitments and obligations of any party to that free trade agreement. To ensure capacity-building efforts undertaken by the United States pursuant to any free trade agreement are self-sustaining and promote local ownership. To ensure capacity-building efforts undertaken by the United States pursuant to any free trade agreement include performance indicators against which the progress and obstacles for implementation of environmental and labor commitments can be identified and assessed within a meaningful timeframe.
To monitor and evaluate United States capacity-building efforts described in subparagraphs (A), (B), and
(C)in a manner consistent with section 4. Amounts made available in the Trust Fund may not be used to negotiate any new free trade agreements on or after the date of the enactment of this Act. Not later than 18 months following the entry into force of any new free trade agreement, the United States Trade Representative, together with the other parties taking actions under section 3(b)(2) pursuant to that free trade agreement shall issue a report to Congress detailing those actions.
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Sec. 3
Availability of amounts from Trust Fund
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