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Code · BILL · 117th Congress · H.R. 4521 (EAS) — 112 HR 4521 EAS: United States Innovation and Competition Act of 2021 · Sec. 73002

Sec. 73002. Enhanced congressional oversight of the United States Trade Representative and the Department of Commerce

842 words·~4 min read·/bill/117/hr/4521/eas/section-73002

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The United States Trade Representative shall submit to the appropriate congressional committees— not later than September 1, 2021, and every 180 days thereafter for the following 2 years, a confidential report describing— the implementation of the Economic and Trade Agreement Between the Government of the United States of America and the Government of China, dated January 15, 2020, including an identification of those provisions in the agreement that have yet to be implemented; and progress toward addressing the issues identified in the report prepared by the Trade Representative dated March 22, 2018, and titled, Findings of the Investigation into China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation under Section 301 of the Trade Act of 1974 ; and the text of any initial proposal for an executive agreement or memorandum of understanding with the People’s Republic of China intended to resolve an investigation with respect to duties under section 301 of the Trade Act of 1974 ( 19 U.S.C. 2411 ) not later than 3 business days before submitting the proposal to any official of the People’s Republic of China.
Section 611(e) of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4405(e) ) is amended— in the subsection heading, by striking and inserting Report ; Reports by striking Not later than and inserting
(1); and Report after entry into force .—Not later than by adding at the end the following: Not later than July 1 of each year, the Trade Representative shall submit to Congress a report that identifies the use of any funds from the Trust Fund during the one-year period preceding the date of the report, including an identification of the specific enforcement matter for which the funds were used. . Not later than July 1 of each year, the Secretary of Commerce shall submit to the appropriate congressional committees a report that identifies any antidumping or countervailing duty determination under title VII of the Tariff Act of 1930 (19 U.S. C. 1671 et seq.) that in the year preceding the report was subject to a remand pursuant to an order from the United States Court of International Trade or a Chapter 10 Panel under the USMCA or that was found to be inconsistent with the obligations of the United States with the World Trade Organization. With respect to each determination under subparagraph (A), the Secretary of Commerce shall indicate— the specific statutory requirement that the Court of International Trade or the Chapter 10 Panel found that the Secretary failed to observe or the specific provision of the WTO Agreement that a dispute settlement panel or Appellate Body found to have been breached by the determination; and whether or when the Secretary intends to comply with the order or obligations described in subparagraph (A), as the case may be. The Secretary of Commerce shall include in each report submitted under paragraph (1), if applicable, information regarding the operation of the process for exclusion from tariffs under section 232 of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862 ) during the year covered by the report, including— the approximate number of hours and employees of the Department of Commerce (full-time equivalent) working on that process; the number of requests for exclusion that have been pending for more than 120 days; and a list of all exclusions that have been decided, including by identifying whether the specific request for an exclusion was granted or not, and the time it took to decide the request. Section 734(b) of the Tariff Act of 1930 ( 19 U.S.C. 1673c(b) ) is amended— by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and
(B)and moving those two subparagraphs, as so redesignated, two ems to the right; by striking The administering authority and inserting
(1); and In general .—The administering authority by adding at the end the following: The administering authority shall submit to Congress the text of any proposal to suspend an investigation under paragraph
(1)not later than 3 business days before submitting the proposal to an interested party. . In this section: the terms Appellate Body and dispute settlement panel have the meanings given those terms in section 121 of the Uruguay Round Agreements Act ( 19 U.S.C. 3531 ). The term USMCA means the Agreement between the United States of America, the United Mexican States, and Canada, which is— attached as an Annex to the Protocol Replacing the North American Free Trade Agreement with the Agreement between the United States of America, the United Mexican States, and Canada, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to the Agreement Between the United States of America, the United Mexican States, and Canada, done at Mexico City on December 10, 2019; and approved by Congress under section 101(a)(1) of the United States–Mexico–Canada Agreement Implementation Act ( 19 U.S.C. 4511(a) ). The term WTO Agreement has the meaning given that term in section 2 of the Uruguay Round Agreements Act ( 19 U.S.C. 3501(9) ).
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