Sec. 607. Trade Enforcement Trust Fund
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There is established in the Treasury of the United States a trust fund to be known as the Trade Enforcement Trust Fund (in this section referred to as the Trust Fund ), consisting of amounts transferred to the Trust Fund under subsection
(b)and any amounts that may be credited to the Trust Fund under subsection (c). The Secretary of the Treasury shall transfer to the Trust Fund, from the general fund of the Treasury, for each fiscal year that begins on or after the date of the enactment of this Act, an amount equal to $15,000,000 (or a lesser amount as required pursuant to paragraph (2)) of the antidumping duties and countervailing duties received in the Treasury for such fiscal year. The total amount in the Trust Fund at any time may not exceed $30,000,000. The Secretary shall transfer amounts required to be transferred to the Trust Fund under paragraph
(1)not less frequently than quarterly from the general fund of the Treasury to the Trust Fund on the basis of estimates made by the Secretary. The Secretary shall make proper adjustments in amounts subsequently transferred to the Trust Fund to the extent prior estimates were in excess of or less than the amounts required to be transferred to the Trust Fund. The Secretary shall invest such portion of the Trust Fund as is not required to meet current withdrawals in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. The interest on, and the proceeds from the sale or redemption of, any obligations held in Trust Fund shall be credited to and form a part of the Trust Fund. The United States Trade Representative may use the amounts in the Trust fund to carry out any of the following: To seek to enforce the provisions of and commitments and obligations under the WTO Agreements and free trade agreements to which the United States is a party and resolve any actions by foreign countries that are inconsistent with those provisions, commitments, and obligations. To monitor the implementation by foreign countries of the provisions of and commitments and obligations under free trade agreements to which the United States is a party for purposes of systematically assessing, identifying, investigating, or initiating steps to address inconsistencies with those provisions, commitments, and obligations. To thoroughly investigate and respond to petitions under section 302 of the Trade Act of 1974 ( 19 U.S.C. 2412 ) requesting that action be taken under section 301 of such Act ( 19 U.S.C. 2411 ). The United States Trade Representative, the Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of Labor, and such heads of other Federal agencies as the President considers appropriate may use the amounts in the Trust Fund to carry out any of the following: To ensure capacity-building efforts undertaken by the United States pursuant to any free trade agreement to which the United States is a party prioritize and give special attention to the timely, consistent, and robust implementation of the intellectual property, 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 such free trade agreement are self-sustaining and promote local ownership. To ensure capacity-building efforts undertaken by the United States pursuant to any such free trade agreement include performance indicators against which the progress and obstacles for the implementation of commitments and obligations described in subparagraph
(A)can be identified and assessed within a meaningful time frame. To monitor and evaluate the capacity-building efforts of the United States under subparagraphs (A), (B), and (C). Amounts made available in the Trust Fund may not be used for negotiations for any free trade agreement to be entered into on or after the date of the enactment of this Act. Not later than 18 months after the entry into force of any free trade agreement entered into after the date of the enactment of this Act, the United States Trade Representative, the Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of Labor, and any other head of a Federal agency who has used amounts in the Trust Fund in connection with that agreement, shall each submit to Congress a report on the actions taken by that official under subsection
(d)in connection with that agreement. The Comptroller General of the United States shall conduct a study that includes the following: A comprehensive analysis of the trade enforcement expenditures of each Federal agency with responsibilities relating to trade that specifies, with respect to each such Federal agency— the amounts appropriated for trade enforcement; and the number of full-time employees carrying out activities relating to trade enforcement. Recommendations on the additional employees and resources that each such Federal agency may need to effectively enforce the free trade agreements to which the United States is a party. Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under paragraph (1). In this section: The term antidumping duty means an antidumping duty imposed under section 731 of the Tariff Act of 1930 ( 19 U.S.C. 1673 ). The term countervailing duty means a countervailing duty imposed under section 701 of the Tariff Act of 1930 ( 19 U.S.C. 1671 ). The term WTO means the World Trade Organization. The term WTO Agreement has the meaning given that term in section 2(9) of the Uruguay Round Agreements Act ( 19 U.S.C. 3501(9) ). The term WTO Agreements means the WTO Agreement and agreements annexed to that Agreement.
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