Sec. 104. Functions
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/bill/115/hr/2756/ih/section-104·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The principle function of the Congressional Trade Enforcer shall be to ensure compliance by trading partners of the United States with trade agreements to which the United States is a party. The Congressional Trade Enforcer shall have the authority to investigate foreign trade practices that are barriers to United States exports and issue indictments in cases where such practices violate any of the Uruguay Round Agreements or any bilateral or regional trade agreement to which the United States is a party. The Congressional 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. Within 30 days after receiving an indictment under paragraph (2), the Trade Representative, acting through the Deputy United States Trade Representative for Trade Enforcement should, in accordance with subsection (c)(1) of section 142 of the Trade Act of 1974, as added by section 201 of this Act, commence dispute resolution procedures in the appropriate forum against the country or countries that are the subject of the indictment unless— 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 international obligations; or in extraordinary cases, the filing of the case would cause serious harm to the national security of the United States. 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 Finance of the Senate a report containing the reasons therefor and shall publish notice of the decision, together with a summary of such reasons, in the Federal Register. 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 Representative 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). The requirements of this paragraph are met if the joint resolution is enacted under paragraph
(3)and— the Congress adopts and transmits the joint resolution to the President before the end of the 90-day period (excluding any day described in section 154(b) of the Trade Act of 1974), beginning on the date on which the Congressional Trade Enforcer submits the indictment under subsection (b)(2); and if the President vetoes the joint resolution, 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. 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 referred to in subparagraph (A). 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 _______ in ______ pursuant to the indictment submitted under section 204(b)(2) of the Trade Enforcement Act of 2017 on ______. , with the first blank space being filled with the country or countries that are the subject of the indictment, the second blank space being filled with the appropriate forum, and the third blank space being filled with the appropriate date. Joint resolutions may be introduced in either House of the Congress by any member of such House. Subject to the provisions of this paragraph, 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 such provisions apply to resolutions under that section. 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 described 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 appropriate calendar. It is not in order for— the Senate to consider any joint resolution unless it has been reported by the Committee on Finance or the committee has been discharged under clause (iii); or 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 discharged under clause (iii). A motion in the House of Representatives to proceed to the consideration of a joint resolution may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his or her intention to do so. 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. This subsection is enacted by the Congress— 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 supersede other rules only to the extent that they are inconsistent with such other rules; and 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 the same manner, and to the same extent as any other rule of that House. In this section: 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. 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) ).
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