,i #aaeth ,,congress #ast ,session ,h4 ,r4 #bgef ,,in ,,the ,,house ,,of ,,representatives ,may #bf1 #bjag,mr4 ,pascrell 7for himself1 ,mr4 ,levin1 ,mr4 ,higgins of ,new ,york1 ,ms4 ,sewell of ,alabama1 ,ms4 ,del,bene1 ,ms4 ,judy ,chu of ,california1 and ,ms4 ,snchez7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means1 and in addition to the ,committee on ,rules1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,trade ,act of #aigd to strengthen trade enforcement1 and for other purposes4 #a4 ,short title and table of contents 7a7 ,short title ,this ,act may be cited as the ,jobs and ,trade ,competitiveness ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title and table of contents4 ,title ,i--,office of the ,congressional ,trade ,enforcer ,sec4 #aja4 ,establishment4 ,sec4 #ajb4 ,congressional ,trade ,enforcer4 ,sec4 #ajc4 ,personnel4 ,sec4 #ajd4 ,functions4 ,sec4 #aje4 ,office of ,market ,access ,assistance4 ,sec4 #ajf4 ,relationship to executive branch4 ,title ,,ii--,trade ,enforcement ,division and ,deputy ,united ,states ,trade ,representative for ,trade ,enforcement ,sec4 #bja4 ,establishment of ,trade ,enforcement ,division and ,deputy ,united ,states ,trade ,representative for ,trade ,enforcement4 ,sec4 #bjb4 ,establishment of ,chief ,manufacturing ,negotiator4 ,title ,,iii--,congressional ,advisory ,commission on ,,wto ,dispute ,settlement ,sec4 #cja4 ,congressional findings and purpose4 ,sec4 #cjb4 ,establishment of ,commission4 ,sec4 #cjc4 ,duties of the ,commission4 ,sec4 #cjd4 ,powers of the ,commission4 ,sec4 #cje4 ,participation in ,,wto panel proceedings4 ,sec4 #cjf4 ,definitions4 ,title ,,iv--,imposition of countervailing duties to address subsidies relating to fundamentally undervalued currencies ,sec4 #dja4 ,clarification regarding definition of countervailable subsidy4 ,sec4 #djb4 ,report on implementation of title4 ,sec4 #djc4 ,application to goods from ,canada and ,mexico4 ,title ,v--,procedures for investigating claims of evasion of antidumping and countervailing duty orders ,sec4 #eja4 ,protection of business proprietary information4 ,sec4 #ejb4 ,application to ,canada and ,mexico4 ,title ,,vi--,matters to encourage domestic insourcing and discourage foreign outsourcing ,sec4 #fja4 ,credit for insourcing expenses4 ,sec4 #fjb4 ,denial of deduction for outsourcing expenses4 ,title ,,vii--,matters relating to environmental protections ,sec4 #gja4 ,environmental protection in trade relations4 ,sec4 #gjb4 ,identification of foreign country trade practices that negatively affect the environment4 ,title ,,viii--,other matters ,sec4 #hja4 ,modification of availability of amounts from ,trade ,enforcement ,trust ,fund4 ,sec4 #hjb4 ,government ,accountability ,office report on commitments under certain international fora4 ,sec4 #hjc4 ,government ,accountability ,office report on enforcement of child labor prohibition4 ,sec4 #hjd4 ,congressional advisory groups on enforcement4 ,i ,office of the ,congressional ,trade ,enforcer #aja4 ,establishment ,there is established in the legislative branch an ,office of the ,congressional ,trade ,enforcer 7in this title referred to as the ,office74 #ajb4 ,congressional ,trade ,enforcer 7a7 ,appointment ,the head of the ,office shall be the ,congressional ,trade ,enforcer1 who shall be appointed by the ,speaker of the ,house of ,representatives1 the minority leader of the ,house of ,representatives1 the majority leader of the ,senate1 and the minority leader of the ,senate after considering recommendations received from the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate1 without regard to political affiliation and solely on the basis of fitness to perform the functions described in section #ajd4 7b7 ,term ,the term of office of the ,congressional ,trade ,enforcer shall be #e years4 ,an individual serving as ,congressional ,trade ,enforcer at the expiration of a term may continue to serve until a successor is appointed4 ,the ,congressional ,trade ,enforcer may be removed by either the ,house of ,representatives or the ,senate by resolution4 7c7 ,compensation ,the ,congressional ,trade ,enforcer shall receive compensation at an annual rate of pay that is equal to the lower of-- 7#a7 the highest annual rate of compensation of any officer of the ,senate2 or 7#b7 the highest annual rate of compensation of any officer of the ,house of ,representatives4 #ajc4 ,personnel 7a7 ,in general ,the ,congressional ,trade ,enforcer shall appoint and fix the compensation of such personnel as may be necessary to carry out the functions described in section #ajd4 ,all personnel of the ,office shall be appointed without regard to political affiliation and solely on the basis of their fitness to perform their duties4 ,the ,congressional ,trade ,enforcer may prescribe the duties and responsibilities of the personnel of the ,office1 and delegate to them authority to perform any of the duties1 powers1 and functions imposed on the ,office4 7b7 ,coverage under ,congressional ,accountability ,act of #aiie 7#a7 ,treatment of employees as covered employees ,section #aja7c7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja7c77 is amended-- 7,a7 by striking or at the end of subparagraph 7,h72 7,b7 by striking the period at the end of subparagraph 7,i7 and inserting 2 or2 and 7,c7 by adding at the end the following new subparagraph3 7,j7 the ,office of the ,congressional ,trade ,enforcer4 4 7#b7 ,treatment of ,office as employing office ,subparagraph 7,d7 of section #aja7i7 of such ,act 7#b ,u4,s4,c4 #acja7i77 is amended by striking and the ,office of ,technology ,assessment and inserting the ,office of ,technology ,assessment1 and the ,office of the ,congressional ,trade ,enforcer4 #ajd4 ,functions 7a7 ,principle function ,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 party4 7b7 ,other functions2 actions by ,,ustr 7#a7 ,in general ,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 party4 7#b7 ,submission of indictments ,the ,congressional ,trade ,enforcer shall submit indictments referred to in paragraph 7#a7 to the ,committee on ,ways and ,means of the ,house of ,representatives1 the ,committee on ,finance of the ,senate1 and the ,united ,states ,trade ,representative4 7#c7 ,action pursuant to indictment ,within #cj days after receiving an indictment under paragraph 7#b71 the ,trade ,representative1 acting through the ,deputy ,united ,states ,trade ,representative for ,trade ,enforcement should1 in accordance with subsection 7c77#a7 of section #adb of the ,trade ,act of #aigd1 as added by section #bja of this ,act1 commence dispute resolution procedures in the appropriate forum against the country or countries that are the subject of the indictment unless-- 7,a7 prior to the date of filing1 the foreign country or countries involved enters into an agreement with the ,united ,states to eliminate the practice that is inconsistent with its international obligations2 or 7,b7 in extraordinary cases1 the filing of the case would cause serious harm to the national security of the ,united ,states4 7#d7 ,report ,if the ,trade ,representative does not commence dispute resolution procedures under paragraph 7#c7 pursuant to an indictment under paragraph 7#c71 the ,trade ,representative shall1 not later than #cj days after receiving the indictment1 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 decision1 together with a summary of such reasons1 in the ,federal ,register4 7c7 ,action pursuant to joint resolution 7#a7 ,in general ,if the ,trade ,representative does not commence dispute resolution procedures under subsection 7b77#c7 pursuant to an indictment under subsection 7b77#b71 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 7#b7 of a joint resolution described in paragraph 7#c74 7#b7 ,requirements 7,a7 ,the requirements of this paragraph are met if the joint resolution is enacted under paragraph 7#c7 and-- 7i7 the ,congress adopts and transmits the joint resolution to the ,president before the end of the #ij-;day period 7excluding any day described in section #aed7;b7 of the ,trade ,act of #aigd71 beginning on the date on which the ,congressional ,trade ,enforcer submits the indictment under subsection 7b77#b72 and 7ii7 if the ,president vetoes the joint resolution1 each ,house of ,congress votes to override that veto on or before the later of the last day of the #ij-;day period referred to in clause 7i7 or the last day of the #ae-;day period 7excluding any day described in section #aed7;b7 of the ,trade ,act of #aigd7 beginning on the date on which the ,congress receives the veto message from the ,president4 7,b7 ,a joint resolution to which this subsection applies may be introduced at any time on or after the end of the #cj-;day period described in subsection 7b77#c71 and before the end of the #ij-;day period referred to in subparagraph 7,a74 7#c7 ,joint resolutions 7,a7 ,joint resolutions ,for purposes of this subsection1 the term joint resolution means only a joint resolution of the #b ,houses of ,congress1 the matter after the resolving clause of which is as follows3 ,that the ,united ,states ,trade ,representative shall commence dispute resolution procedures against in pursuant to the indictment submitted under section #bjd7;b77#b7 of the ,trade ,enforcement ,act of #bjag on 41 with the first blank space being filled with the country or countries that are the subject of the indictment1 the second blank space being filled with the appropriate forum1 and the third blank space being filled with the appropriate date4 7,b7 ,procedures 7i7 ,joint resolutions may be introduced in either ,house of the ,congress by any member of such ,house4 7ii7 ,subject to the provisions of this paragraph1 the provisions of subsections 7b71 7d71 7e71 and 7f7 of section #aeb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baib 7b71 7d71 7e71 and 7f77 apply to joint resolutions to the same extent as such provisions apply to resolutions under that section4 7iii7 ,if the committee of either ,house to which a joint resolution has been referred has not reported it by the close of the #deth day after its introduction 7excluding any day described in section #aed7;b7 of the ,trade ,act of #aigd71 such committee shall be automatically discharged from further consideration of the joint resolution and it shall be placed on the appropriate calendar4 7iv7 ,it is not in order for-- 7,i7 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 7iii72 or 7,,ii7 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 7iii74 7v7 ,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 so4 7,c7 ,consideration of second resolution not in order ,it shall not be in order in either the ,house of ,representatives or the ,senate to consider a joint resolution 7other than a joint resolution received from the other ,house71 if that ,house has previously adopted a joint resolution under this subsection4 7,d7 ,rules of ,house of ,representatives and ,senate ,this subsection is enacted by the ,congress-- 7i7 as an exercise of the rulemaking power of the ,house of ,representatives and the ,senate1 respectively1 and as such is deemed a part of the rules of each ,house1 respectively1 and such procedures supersede other rules only to the extent that they are inconsistent with such other rules2 and 7ii7 with the full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedures of that ,house7 at any time1 in the same manner1 and to the same extent as any other rule of that ,house4 7d7 ,definitions ,in this section3 7#a7 ,indictment ,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 party4 7#b7 ,uruguay round agreements ,the term ,uruguay ,round ,agreements means any of the agreements approved by the ,congress under section #aja7;a77#a7 of the ,uruguay ,round ,agreements ,act 7#ai ,u4,s4,c4 #ceaa7;a77#a774 #aje4 ,office of ,market ,access ,assistance 7a7 ,establishment ,there is established in the ,office of the ,congressional ,trade ,enforcer an ,office of ,market ,access ,assistance4 7b7 ,functions ,the ,office of ,market ,access ,assistance shall provide technical and legal assistance and advice to eligible small businesses to enable such small businesses to prepare and file petitions 7other than those which1 in the opinion of the ,office of ,market ,access ,assistance1 are frivolous7 under section #cjb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdab74 7c7 ,definition ,the term eligible small business means any business concern which1 in the judgment of the ,office of ,market ,access ,assistance1 due to its small size1 has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and filing petitions and complaints under section #cjb of the ,trade ,act of #aigd4 ,in determining whether a business concern is an eligible small business1 the ,office of ,market ,access ,assistance may consult with the ,administrator of the ,small ,business ,administration and the heads of other appropriate ,federal departments and agencies4 #ajf4 ,relationship to executive branch 7a7 ,information ,the ,congressional ,trade ,enforcer may secure directly from any department or agency of the ,united ,states information necessary to enable it to carry out this title4 ,upon request of the ,congressional ,trade ,enforcer1 the head of that department or agency shall provide that information to the ,congressional ,trade ,enforcer4 7b7 ,services1 facilities1 and personnel ,upon request of the ,congressional ,trade ,enforcer1 the head of any ,federal department or agency may provide or detail any of the services1 facilities1 and personnel of that department or agency to the ,congressional ,trade ,enforcer to assist it in carrying out its duties under this title4 ,,ii ,trade ,enforcement ,division and ,deputy ,united ,states ,trade ,representative for ,trade ,enforcement #bja4 ,establishment of ,trade ,enforcement ,division and ,deputy ,united ,states ,trade ,representative for ,trade ,enforcement 7a7 ,establishment ,chapter #d of title ,i of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baga7 is amended by adding at the end the following3 #adb4 ,trade ,enforcement ,division and ,deputy ,united ,states ,trade ,representative for ,trade ,enforcement 7a7 ,establishment of ,trade ,enforcement ,division ,there is established within the ,office of the ,united ,states ,trade ,representative a ,trade ,enforcement ,division 7in this section referred to as the ,division74 7b7 ,establishment of position of ,deputy ,united ,states ,trade ,representative for ,trade ,enforcement 7#a7 ,in general ,the ,division shall be headed by a ,deputy ,united ,states ,trade ,representative for ,trade ,enforcement4 7#b7 ,appointment and nomination ,the ,deputy ,united ,states ,trade ,representative for ,trade ,enforcement shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 ,as an exercise of the rulemaking power of the ,senate1 any nomination of the ,deputy ,united ,states ,trade ,representative for ,trade ,enforcement submitted to the ,senate for its advice and consent1 and referred to a committee1 shall be referred to the ,committee on ,finance4 7#c7 ,rank ,the ,deputy ,united ,states ,trade ,representative for ,trade ,enforcement shall hold office at the pleasure of the ,president and shall have the rank of ,ambassador4 7c7 ,functions of ,deputy ,united ,states ,trade ,representative for ,trade ,enforcement 7#a7 ,principal function ,the principal function of the ,deputy ,united ,states ,trade ,representative for ,trade ,enforcement shall be to ensure that trading partners of the ,united ,states comply with trade agreements to which the ,united ,states is a party4 7#b7 ,additional functions ,the ,deputy ,united ,states ,trade ,representative for ,trade ,enforcement shall-- 7,a7 assist the ,united ,states ,trade ,representative in investigating and prosecuting disputes before the ,world ,trade ,organization and pursuant to other bilateral or regional trade agreements to which the ,united ,states is a party2 7,b7 assist the ,united ,states ,trade ,representative in carrying out the ,united ,states ,trade ,representative's functions under section #ada7;d72 7,c7 make recommendations with respect to the administration of ,united ,states trade laws relating to barriers imposed by foreign governments to the importation of ,united ,states goods1 services1 and intellectual property1 and other trade matters2 and 7,d7 perform such other functions as the ,united ,states ,trade ,representative may direct4 7d7 ,office of ,trade ,assistance for ,small ,business 7#a7 ,establishment ,there is established within the ,division the ,office of ,trade ,assistance for ,small ,business4 7#b7 ,functions ,the ,office of ,trade ,assistance for ,small ,business shall provide technical and legal assistance and advice to eligible small businesses to enable such small businesses to prepare and file petitions 7other than those that1 in the opinion of the ,office1 are frivolous7 under section #cjb4 7#c7 ,eligible small business defined ,the term eligible small business means any business concern that1 in the judgment of the ,office of ,trade ,assistance for ,small ,business1 due to its size1 has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and filing petitions and complaints under section #cjb4 ,in determining whether a business concern is an eligible small business1 the ,office of ,trade ,assistance for ,small ,business may consult with the ,administrator of the ,small ,business ,administration and the heads of other appropriate ,federal departments and agencies4 4 7b7 ,conforming amendment ,the table of contents for the ,trade ,act of #aigd is amended by inserting after the item relating to section #ada the following3 ,sec4 #adb4 ,trade ,enforcement ,division and ,deputy ,united ,states ,trade ,representative for ,trade ,enforcement4 4 7c7 ,compensation for ,deputy ,united ,states ,trade ,representative for ,trade ,enforcement ,section #ecad of title #e1 ,united ,states ,code1 is amended by striking ,deputy ,united ,states ,trade ,representatives 7#c74 and inserting ,deputy ,united ,states ,trade ,representatives 7#d744 7d7 ,conforming repeal ,section #baab of the ,bipartisan ,trade ,promotion ,authority ,act of #bjjb 7#ai ,u4,s4,c4 #chab7 is repealed4 #bjb4 ,establishment of ,chief ,manufacturing ,negotiator 7a7 ,establishment of positions ,section #ada7;b77#b7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baga7;b77#b77 is amended to read as follows3 7#b7 ,there shall be in the ,office four ,deputy ,united ,states ,trade ,representatives 7including the ,deputy ,united ,states ,trade ,representative for ,trade ,enforcement71 one ,chief ,agricultural ,negotiator1 one ,chief ,innovation and ,intellectual ,property ,negotiator1 and one ,chief ,manufacturing ,negotiator who shall all be appointed by the ,president1 by and with the advice and consent of the ,senate4 ,as an exercise of the rulemaking power of the ,senate1 any nomination of a ,deputy ,united ,states ,trade ,representative1 the ,chief ,agricultural ,negotiator1 the ,chief ,innovation and ,intellectual ,property ,negotiator1 or the ,chief ,manufacturing ,negotiator submitted to the ,senate for its advice and consent1 and referred to a committee1 shall be referred to the ,committee on ,finance4 ,each ,deputy ,united ,states ,trade ,representative1 the ,chief ,agricultural ,negotiator1 the ,chief ,innovation and ,intellectual ,property ,negotiator1 and the ,chief ,manufacturing ,negotiator shall hold office at the pleasure of the ,president and shall have the rank of ,ambassador4 4 7b7 ,functions of ,chief ,manufacturing ,negotiator ,section #ada7;c7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baga7;c77 is amended by adding at the end the following3 7#g7 7,a7 ,the principal function of the ,chief ,manufacturing ,negotiator shall be to conduct trade negotiations and to enforce trade agreements relating to ,united ,states manufacturing products and services4 ,the ,chief ,manufacturing ,negotiator shall promote manufacturing activities in the ,united ,states1 shall serve as a vigorous advocate on behalf of ,united ,states manufacturing firms and workers1 and shall perform such other functions as the ,united ,states ,trade ,representative may direct4 7,b7 ,not later than one year after the date of the enactment of this paragraph1 and not less frequently than annually thereafter1 the ,chief ,manufacturing ,negotiator shall submit to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a report on the actions taken by the ,chief ,manufacturing ,negotiator in the preceding year4 4 7c7 ,compensation ,section #ecad of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking ,deputy ,united ,states ,trade ,representatives 7#c74 and inserting ,deputy ,united ,states ,trade ,representatives 7#d742 and 7#b7 by inserting ,chief ,manufacturing ,negotiator4 after ,chief ,agricultural ,negotiator44 7d7 ,conforming amendment ,section #ada7;c77#d7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baga7;c77#d77 is amended by inserting 7other than the ,deputy ,united ,states ,trade ,representative for ,trade ,enforcement7 after ,deputy ,united ,states ,trade ,representative4 7e7 ,technical amendments ,section #ada7;e7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baga7;e77 is amended-- 7#a7 in paragraph 7#a71 by striking #ecad and inserting #ecae2 and 7#b7 in paragraph 7#b71 by striking the maximum rate of pay for grade ,,gs-#ah1 as provided in section #eccb and inserting the maximum rate of pay for level ,,iv of the ,executive ,schedule in section #ecae4 ,,iii ,congressional ,advisory ,commission on ,,wto ,dispute ,settlement #cja4 ,congressional findings and purpose 7a7 ,findings ,congress finds the following3 7#a7 ,the ,united ,states joined the ,world ,trade ,organization as an original member with the goal of creating an improved global trading system and providing expanded economic opportunities for ,united ,states workers1 farmers1 and businesses4 7#b7 ,the dispute settlement rules of the ,,wto were created to enhance the likelihood that governments will observe their ,,wto obligations4 7#c7 ,these dispute settlement rules help ensure that the ,united ,states can reap the full benefits of its participation in the ,,wto4 7#d7 ,successful operation of the ,,wto dispute settlement system was critical to congressional approval of the ,uruguay ,round ,agreements and is critical to continued support by the ,united ,states for the ,,wto4 ,in particular1 it is imperative that dispute settlement panels and the ,appellate ,body-- 7,a7 operate with fairness and in an impartial manner2 7,b7 strictly observe the terms of reference and any applicable standard of review set forth in the ,uruguay ,round ,agreements2 and 7,c7 not add to the obligations1 or diminish the rights1 of ,,wto members under the ,uruguay ,round ,agreements in violation of ,articles #c4b and #ai4b of the ,dispute ,settlement ,understanding4 7#e7 ,an increasing number of reports by dispute settlement panels and the ,appellate ,body have raised serious concerns within the ,congress about the ability of the ,,wto dispute settlement system to operate in accordance with paragraph 7#d74 7#f7 ,in particular1 several reports of dispute settlement panels and the ,appellate ,body have added to the obligations and diminished the rights of ,,wto members1 particularly under the ,agreement on ,implementation of ,article ,,vi of the ,general ,agreement on ,tariffs and ,trade #aiid1 the ,agreement on ,subsidies and ,countervailing ,measures1 and the ,agreement on ,safeguards4 7#g7 ,in order to come into compliance with reports of dispute settlement panels and the ,appellate ,body that have been adopted by the ,dispute ,settlement ,body1 the ,congress may need to amend or repeal statutes of the ,united ,states4 ,in such cases1 the ,congress must have a high degree of confidence that the reports are in accordance with paragraph 7#d74 7#h7 ,the ,congress needs impartial1 objective1 and juridical advice to determine the appropriate response to reports of dispute settlement panels and the ,appellate ,body4 7#i7 ,the ,united ,states remains committed to the multilateral1 rules-based trading system4 7b7 ,purpose ,it is the purpose of this ,act to provide for the establishment of the ,congressional ,advisory ,commission on ,,wto ,dispute ,settlement to provide objective and impartial advice to the ,congress on the operation of the dispute settlement system of the ,world ,trade ,organization4 #cjb4 ,establishment of ,commission 7a7 ,establishment ,there is established a commission to be known as the ,congressional ,advisory ,commission on ,,wto ,dispute ,settlement 7in this title referred to as the ,commission74 7b7 ,membership 7#a7 ,composition ,the ,commission shall be composed of #e members1 all of whom shall be judges or former judges of the ,federal judicial circuits and shall be appointed by the ,speaker of the ,house of ,representatives and the ,president pro tempore of the ,senate after considering the recommendations of the ,chairman and ranking member of the ,committee on ,finance of the ,senate and the ,chairman and ranking member of the ,committee on ,ways and ,means of the ,house of ,representatives4 ,commissioners shall be chosen without regard to political affiliation and solely on the basis of each ,commissioner's fitness to perform the duties of a ,commissioner4 7#b7 ,date ,the appointments of the initial members of the ,commission shall be made not later than #ij days after the date of the enactment of this ,act4 7c7 ,period of appointment2 vacancies 7#a7 ,in general ,members of the ,commission shall each be appointed for a term of #e years1 except that of the members first appointed1 #c members shall be appointed for terms of #c years4 7#b7 ,vacancies 7,a7 ,in general ,any vacancy on the ,commission shall not affect its powers1 but shall be filled in the same manner as the original appointment was made and shall be subject to the same conditions as the original appointment4 7,b7 ,unexpired term ,an individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced4 7d7 ,initial meeting ,not later than #cj days after the date on which all members of the ,commission have been appointed1 the ,commission shall hold its first meeting4 7e7 ,meetings ,the ,commission shall meet at the call of the ,chairperson4 7f7 ,quorum ,a majority of the members of the ,commission shall constitute a quorum1 but a lesser number of members may hold hearings4 7g7 ,chairperson and vice chairperson ,the ,commission shall select a ,chairperson and ,vice ,chairperson from among its members4 7h7 ,funding ,members of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,commission4 #cjc4 ,duties of the ,commission 7a7 ,advising ,congress on the operation of the ,,wto dispute settlement system 7#a7 ,in general ,the ,commission shall review-- 7,a7 all adverse reports of dispute settlement panels and the ,appellate ,body which are-- 7i7 adopted by the ,dispute ,settlement ,body2 and 7ii7 the result of a proceeding initiated against the ,united ,states by a ,,wto member2 and 7,b7 upon the request of the ,committee on ,ways and ,means of the ,house of ,representatives or the ,committee on ,finance of the ,senate-- 7i7 any adverse report of a dispute settlement panel or the ,appellate ,body-- 7,i7 which is adopted by the ,dispute ,settlement ,body2 and 7,,ii7 in which the ,united ,states is a complaining party2 or 7ii7 any other finding which is contained in a report of a dispute settlement panel or the ,appellate ,body that is adopted by the ,dispute ,settlement ,body4 7#b7 ,scope of review ,the ,commission shall advise the ,congress in connection with each adverse finding or other finding under paragraph 7#a77;,b7 only whether-- 7,a7 the dispute settlement panel or the ,appellate ,body1 as the case may be-- 7i7 exceeded its authority or its terms of reference2 7ii7 added to the obligations1 or diminished the rights1 of the ,united ,states under the ,uruguay ,round ,agreement which is the subject of the finding2 7iii7 acted arbitrarily or capriciously1 engaged in misconduct1 or demonstrably departed from the procedures specified for panels and the ,appellate ,body in the applicable ,uruguay ,round ,agreement2 and 7iv7 deviated from the applicable standard of review1 including in antidumping1 countervailing duty1 and other unfair trade remedy cases1 the standard of review set forth in ,article #ag4f of the ,agreement on ,implementation of ,article ,,vi of the ,general ,agreement on ,tariffs and ,trade #aiid2 and 7,b7 the finding is consistent with the original understanding by the ,united ,states of the ,uruguay ,round ,agreement that is the subject of the finding as explained in the statement of administrative action approved under section #aja7;a7 of the ,uruguay ,round ,agreements ,act 7#ai ,u4,s4,c4 #ceaa7;a774 7#c7 ,no deference ,applying the standards set forth in paragraph 7#b7 requires that the ,commission not accord deference to findings of law made by the dispute settlement panel or the ,appellate ,body1 as the case may be4 7b7 ,determination2 report 7#a7 ,determination 7,a7 ,in general ,not later than #aej days after the date on which the ,commission receives notice of a report or request under section #cjd7;b71 the ,commission shall make a written determination with respect to the matters described in paragraph 7#b7 of subsection 7a71 including a full analysis of the basis for its determination4 ,a vote by a majority of the members of the ,commission shall constitute a determination of the ,commission1 although the members need not agree on the basis for their vote4 7,b7 ,dissenting or concurring opinions ,any member of the ,commission who disagrees with a determination of the ,commission or who concurs in such a determination on a basis different from that of the ,commission or other members of the ,commission1 may write an opinion expressing such disagreement or concurrence1 as the case may be4 7#b7 ,report ,the ,commission shall promptly report the determinations described in paragraph 7#a77;,a7 to the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate4 ,the ,commission shall include with the report any opinions written under paragraph 7#a77;,b7 with respect to the determination4 7c7 ,availability to the public ,each report of the ,commission under subsection 7b77#b71 together with the opinions included with the report1 shall be made available to the public4 #cjd4 ,powers of the ,commission 7a7 ,hearings ,the ,commission may hold a public hearing to solicit views concerning a report of a dispute settlement panel or the ,appellate ,body described in section #cjc7;a77#a71 if the ,commission considers such hearing to be necessary to carry out the purpose of this ,act4 ,the ,commission shall provide reasonable notice of a hearing held pursuant to this subsection4 7b7 ,information from interested parties and ,federal agencies 7#a7 ,notice to ,commission 7,a7 ,under section #cjc7;a77#a77;,a7 ,the ,trade ,representative shall advise the ,commission not later than #e business days after the date the ,dispute ,settlement ,body adopts a report of a panel or the ,appellate ,body that is to be reviewed by the ,commission under section #cjc7;a77#a77;,a74 7,b7 ,under section #cjc7;a77#a77;,b7 ,the ,committee on ,ways and ,means or the ,committee on ,finance1 as the case may be1 may make and notify the ,commission of a request under section #cjc7;a77#a77;,b7 not later than #a year after the ,dispute ,settlement ,body adopts the report that is the subject of the request4 7,c7 ,reports adopted prior to appointment of commission ,with respect to any report to which section #cjc7;a77#a77;,b7 applies and that is adopted before the date on which the first members of the ,commission are appointed under section #cjb7;b77#b71 the ,committee on ,ways and ,means or the ,committee on ,finance1 as the case may be1 may make and notify the ,commission of a request under section #cjc7;a77#a77;,b7 with respect to that report not later than #a year after the date on which the first members of the ,commission are appointed under section #cjb7;b77#b74 7#b7 ,submissions and requests for information 7,a7 ,in general ,the ,commission shall promptly publish in the ,federal ,register notice of the notice received under paragraph 7#a7 from the ,trade ,representative1 the ,committee on ,ways and ,means1 or the ,committee on ,finance1 as the case may be1 along with notice of an opportunity for interested parties to submit written comments to the ,commission4 ,the ,commission shall make comments submitted pursuant to the preceding sentence available to the public4 7,b7 ,information from federal agencies and departments ,the ,commission may also secure directly from any ,federal department or agency such information as the ,commission considers necessary to carry out the provisions of this ,act4 ,upon the request of the chairperson of the ,commission1 the head of such department or agency shall furnish the information requested to the ,commission in a timely manner4 7#c7 ,access to panel and ,appellate ,body documents 7,a7 ,in general ,the ,trade ,representative shall make available to the ,commission all submissions and relevant documents relating to a report of a panel or the ,appellate ,body described in section #cjc7;a77#a71 including any information contained in such submissions identified by the provider of the information as proprietary information or information designated as confidential by a foreign government4 7,b7 ,public access ,any document which the ,trade ,representative submits to the ,commission shall be available to the public1 except information which is identified as proprietary or confidential or the disclosure of which would otherwise violate the rules of the ,,wto4 7c7 ,assistance from ,federal agencies2 confidentiality 7#a7 ,administrative assistance ,any agency or department of the ,united ,states that is designated by the ,president shall provide administrative services1 funds1 facilities1 staff1 or other support services to the ,commission to assist the ,commission with the performance of the ,commission's functions4 7#b7 ,confidentiality ,the ,commission shall protect from disclosure any document or information submitted to it by a department or agency of the ,united ,states which the agency or department requests be kept confidential4 ,the ,commission shall not be considered to be an agency for purposes of section #eeb of title #e1 ,united ,states ,code4 #cje4 ,participation in ,,wto panel proceedings 7a7 ,in general ,if the ,united ,states ,trade ,representative1 in proceedings before a dispute settlement panel or the ,appellate ,body of the ,,wto1 seeks to enforce ,united ,states rights under a multilateral trade agreement or to defend a challenged action or determination of the ,united ,states ,government1 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states that-- 7#a7 is supportive of the ,united ,states ,government's position before the panel or ,appellate ,body2 and 7#b7 has a direct economic interest in the panel's or ,appellate ,body's resolution of the matters in dispute1 shall1 to the extent appropriate1 be permitted to participate in consultations and panel proceedings4 ,the ,trade ,representative shall issue regulations1 consistent with subsections 7b7 and 7c71 ensuring full and effective participation by any such private person4 7b7 ,access to information ,the ,united ,states ,trade ,representative shall make available to persons described in subsection 7a7 all information presented to or otherwise obtained by the ,trade ,representative in connection with a ,,wto dispute settlement proceeding4 ,the ,united ,states ,trade ,representative shall promulgate regulations implementing a protective order system to protect information designated by the submitting member as confidential4 7c7 ,participation in panel process ,upon request from a person described in subsection 7a71 the ,united ,states ,trade ,representative shall-- 7#a7 consult in advance with such person regarding the content of written submissions from the ,united ,states to the ,,wto panel concerned or to the other member countries involved2 7#b7 include1 where appropriate1 such person or its appropriate representative as an advisory member of the delegation in sessions of the dispute settlement panel2 7#c7 allow such special delegation member1 where such member would bring special knowledge to the proceeding1 to appear before the panel1 directly or through counsel1 under the supervision of responsible ,united ,states ,government officials2 and 7#d7 in proceedings involving confidential information1 allow appearance of such person only through counsel as a member of the special delegation4 #cjf4 ,definitions ,in this title3 7#a7 ,adverse finding ,the term adverse finding means-- 7,a7 in a proceeding of a panel or the ,appellate ,body that is initiated against the ,united ,states1 a finding by the panel or the ,appellate ,body that any law or regulation of1 or application thereof by1 the ,united ,states1 or any ,state1 is inconsistent with the obligations of the ,united ,states under a ,uruguay ,round ,agreement 7or nullifies or impairs benefits accruing to a ,,wto member under such an ,agreement72 or 7,b7 in a proceeding of a panel or the ,appellate ,body in which the ,united ,states is a complaining party1 any finding by the panel or the ,appellate ,body that a measure of the party complained against is not inconsistent with that party's obligations under a ,uruguay ,round ,agreement 7or does not nullify or impair benefits accruing to the ,united ,states under such an ,agreement74 7#b7 ,appellate body ,the term ,appellate ,body means the ,appellate ,body established by the ,dispute ,settlement ,body pursuant to ,article #ag4a of the ,dispute ,settlement ,understanding4 7#c7 ,dispute settlement body ,the term ,dispute ,settlement ,body means the ,dispute ,settlement ,body established pursuant to the ,dispute ,settlement ,understanding4 7#d7 ,dispute settlement panel2 panel ,the terms dispute settlement panel and panel mean a panel established pursuant to ,article #f of the ,dispute ,settlement ,understanding4 7#e7 ,dispute settlement understanding ,the term ,dispute ,settlement ,understanding means the ,understanding on ,rules and ,procedures ,governing the ,settlement of ,disputes referred to in section #aja7;d77#af7 of the ,uruguay ,round ,agreements ,act 7#ai ,u4,s4,c4 #ceaa7;d77#af774 7#f7 ,terms of reference ,the term terms of reference has the meaning given that term in the ,dispute ,settlement ,understanding4 7#g7 ,trade representative ,the term ,trade ,representative means the ,united ,states ,trade ,representative4 7#h7 ,uruguay round agreement ,the term ,uruguay ,round ,agreement means any of the ,agreements described in section #aja7;d7 of the ,uruguay ,round ,agreements ,act4 7#i7 ,world trade organization2 wto ,the terms ,world ,trade ,organization and ,,wto mean the organization established pursuant to the ,,wto ,agreement4 7#aj7 ,,wto agreement ,the term ,,wto ,agreement means the ,agreement ,establishing the ,world ,trade ,organization entered into on ,april #ae1 #aiid4 7#aa7 ,,wto member ,the term ,,wto member has the meaning given that term in section #b7aj7 of the ,uruguay ,round ,agreements ,act 7#ai ,u4,s4,c4 #ceja7aj774 ,,iv ,imposition of countervailing duties to address subsidies relating to fundamentally undervalued currencies #dja4 ,clarification regarding definition of countervailable subsidy 7a7 ,benefit conferred ,section #gga7e77;,e7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7e77;,e77 is amended-- 7#a7 in clause 7iii71 by striking and at the end2 7#b7 in clause 7iv71 by striking the period at the end and inserting 1 and2 and 7#c7 by inserting after clause 7iv7 the following new clause3 7v7 in the case in which the currency of a country in which the subject merchandise is produced is exchanged for foreign currency obtained from export transactions1 and the currency of such country is a fundamentally undervalued currency1 as defined in paragraph 7#cg71 the difference between the amount of the currency of such country provided and the amount of the currency of such country that would have been provided if the real effective exchange rate of the currency of such country were not undervalued1 as determined pursuant to paragraph 7#ch74 4 7b7 ,export subsidy ,section #gga7e;,a77,b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7e;,a77,b77 is amended by adding at the end the following new sentence3 ,in the case of a subsidy relating to a fundamentally undervalued currency1 the fact that the subsidy may also be provided in circumstances not involving export shall not1 for that reason alone1 mean that the subsidy cannot be considered contingent upon export performance44 7c7 ,definition of fundamentally undervalued currency ,section #gga of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7 is amended by adding at the end the following new paragraph3 7#cg7 ,fundamentally undervalued currency ,the administering authority shall determine that the currency of a country in which the subject merchandise is produced is a fundamentally undervalued currency if-- 7,a7 the government of the country 7including any public entity within the territory of the country7 engages in protracted1 large-scale intervention in one or more foreign exchange markets during part or all of the #ah-month period that represents the most recent #ah months for which the information required under paragraph 7#ch7 is reasonably available1 but that does not include any period of time later than the final month in the period of investigation or the period of review1 as applicable2 7,b7 the real effective exchange rate of the currency is undervalued by at least #e percent1 on average and as calculated under paragraph 7#ch71 relative to the equilibrium real effective exchange rate for the country's currency during the #ah-month period2 7,c7 during the #ah-month period1 the country has experienced significant and persistent global current account surpluses2 and 7,d7 during the #ah-month period1 the foreign asset reserves held by the government of the country exceed-- 7i7 the amount necessary to repay all debt obligations of the government falling due within the coming #ab months2 7ii7 #bj percent of the country's money supply1 using standard measures of ,m#b2 and 7iii7 the value of the country's imports during the previous #d months4 4 7d7 ,definition of real effective exchange rate undervaluation ,section #gga of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg71 as amended by subsection 7c7 of this section1 is further amended by adding at the end the following new paragraph3 7#ch7 ,real effective exchange rate undervaluation ,the calculation of real effective exchange rate undervaluation1 for purposes of paragraph 7#e77;,e77v7 and paragraph 7#cg71 shall-- 7,a7 7i7 rely upon1 and where appropriate be the simple average of1 the results yielded from application of the approaches described in the guidelines of the ,international ,monetary ,fund's ,consultative ,group on ,exchange ,rate ,issues2 or 7ii7 if the guidelines of the ,international ,monetary ,fund's ,consultative ,group on ,exchange ,rate ,issues are not available1 be based on generally accepted economic and econometric techniques and methodologies to measure the level of undervaluation2 7,b7 rely upon data that are publicly available1 reliable1 and compiled and maintained by the ,international ,monetary ,fund or1 if the ,international ,monetary ,fund cannot provide the data1 by other international organizations or by national governments2 and 7,c7 use inflation-adjusted1 trade-weighted exchange rates4 4 #djb4 ,report on implementation of title 7a7 ,in general ,not later than #i months after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on the implementation of the amendments made by this title4 7b7 ,matters ,to be included ,the report required by subsection 7a7 shall include a description of the extent to which ,united ,states industries that have been materially injured by reason of imports of subject merchandise produced in foreign countries with fundamentally undervalued currencies have received relief under title ,,vii of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afga et seq471 as amended by this title4 #djc4 ,application to goods from ,canada and ,mexico ,pursuant to article #aijb of the ,north ,american ,free ,trade ,agreement and section #djh of the ,north ,american ,free ,trade ,agreement ,implementation ,act of #aiic 7#ai ,u4,s4,c4 #cdch71 the amendments made by section #eja of this title shall apply to goods from ,canada and ,mexico4 ,v ,procedures for investigating claims of evasion of antidumping and countervailing duty orders #eja4 ,protection of business proprietary information ,section #eag7;b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aeag7;b77 is amended by adding at the end the following3 7#h7 ,business proprietary information 7,a7 ,establishment of procedures ,for each investigation conducted under paragraph 7#a71 the ,commissioner shall establish procedures for the submission of business proprietary information under an administrative protective order that-- 7i7 protects against public disclosure of such information2 and 7ii7 for purposes of submitting comments to the ,commissioner1 provides limited access to such information for-- 7,i7 the person that submitted the petition under paragraph 7#b72 and 7,,ii7 the person alleged to have entered covered merchandise into the customs territory of the ,united ,states through evasion4 7,b7 ,administration in accordance with other procedures ,the procedures established under subparagraph 7,a7 shall be administered1 to the maximum extent practicable1 in accordance with administrative protective order procedures under section #ggg by the administering authority4 7,c7 ,disclosure of business proprietary information ,the ,commissioner shall1 in accordance with the procedures established under subparagraph 7,a71 make all business proprietary information presented to1 or obtained by1 the ,commissioner during an investigation available to the persons specified in subparagraph 7,a77ii7 under an administrative protective order1 regardless of when such information is submitted during an investigation4 4 #ejb4 ,application to ,canada and ,mexico ,pursuant to article #aijb of the ,north ,american ,free ,trade ,agreement and section #djh of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #cdch71 the amendments made by this title shall apply with respect to goods from ,canada and ,mexico4 ,,vi ,matters to encourage domestic insourcing and discourage foreign outsourcing #fja4 ,credit for insourcing expenses 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #de,s4 ,credit for insourcing expenses 7a7 ,in general ,for purposes of section #ch1 the insourcing expenses credit for any taxable year is an amount equal to #bj percent of the eligible insourcing expenses of the taxpayer which are taken into account in such taxable year under subsection 7d74 7b7 ,eligible insourcing expenses ,for purposes of this section-- 7#a7 ,in general ,the term eligible insourcing expenses means-- 7,a7 eligible expenses paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer 7or of any member of any expanded affiliated group in which the taxpayer is also a member7 located outside the ,united ,states1 and 7,b7 eligible expenses paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer 7or of any member of any expanded affiliated group in which the taxpayer is also a member7 located within the ,united ,states1 if such establishment constitutes the relocation of the business unit so eliminated4 ,for purposes of the preceding sentence1 a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment4 7#b7 ,eligible expenses ,the term eligible expenses means-- 7,a7 any amount for which a deduction is allowed to the taxpayer under section #afb1 and 7,b7 permit and license fees1 lease brokerage fees1 equipment installation costs1 and1 to the extent provided by the ,secretary1 other similar expenses4 ,such term does not include any compensation which is paid or incurred in connection with severance from employment and1 to the extent provided by the ,secretary1 any similar amount4 7#c7 ,business unit ,the term business unit means-- 7,a7 any trade or business1 and 7,b7 any line of business1 or functional unit1 which is part of any trade or business4 7#d7 ,expanded affiliated group ,the term expanded affiliated group means an affiliated group as defined in section #aejd7;a71 determined without regard to section #aejd7;b77#c7 and by substituting more than #ej percent for at least #hj percent each place it appears in section #aejd7;a74 ,a partnership or any other entity 7other than a corporation7 shall be treated as a member of an expanded affiliated group if such entity is controlled 7within the meaning of section #ied7;d77#c77 by members of such group 7including any entity treated as a member of such group by reason of this paragraph74 7#e7 ,expenses must be pursuant to insourcing plan ,amounts shall be taken into account under paragraph 7#a7 only to the extent that such amounts are paid or incurred pursuant to a written plan to carry out the relocation described in paragraph 7#a74 7#f7 ,operating expenses not taken into account ,any amount paid or incurred in connection with the ongoing operation of a business unit shall not be treated as an amount paid or incurred in connection with the establishment or elimination of such business unit4 7c7 ,increased domestic employment requirement ,no credit shall be allowed under this section unless the number of full-time equivalent employees of the taxpayer for the taxable year for which the credit is claimed exceeds the number of full-time equivalent employees of the taxpayer for the last taxable year ending before the first taxable year in which such eligible insourcing expenses were paid or incurred4 ,for purposes of this subsection1 full-time equivalent employees has the meaning given such term under section #de,r7d7 7and the applicable rules of section #de,r7e771 determined by only taking into account wages 7as otherwise defined in section #de,r7e77 paid with respect to services performed within the ,united ,states4 ,all employers treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad shall be treated as a single employer for purposes of this subsection4 7d7 ,credit allowed upon completion of insourcing plan 7#a7 ,in general ,except as provided in paragraph 7#b71 eligible insourcing expenses shall be taken into account under subsection 7a7 in the taxable year during which the plan described in subsection 7b77#e7 has been completed and all eligible insourcing expenses pursuant to such plan have been paid or incurred4 7#b7 ,election to apply employment test and claim credit in first full taxable year after completion of plan ,if the taxpayer elects the application of this paragraph1 eligible insourcing expenses shall be taken into account under subsection 7a7 in the first taxable year after the taxable year described in paragraph 7#a74 7e7 ,possessions treated as part of the ,united ,states ,for purposes of this section1 the term ,united ,states shall be treated as including each possession of the ,united ,states 7including the ,commonwealth of ,puerto ,rico and the ,commonwealth of the ,northern ,mariana ,islands74 7f7 ,regulations ,the ,secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section4 4 7b7 ,credit ,to ,be ,part of ,general ,business ,credit ,section #ch7;b7 of such ,code is amended by striking plus at the end of paragraph 7#ce71 by striking the period at the end of paragraph 7#cf7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#cg7 the insourcing expenses credit determined under section #de,s7a74 4 7c7 ,clerical amendment ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by adding at the end the following new item3 ,sec4 #de,s4 ,credit for insourcing expenses4 4 7d7 ,effective date ,the amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this ,act4 7e7 ,application to ,united ,states possessions 7#a7 ,payments to possessions 7,a7 ,mirror code possessions ,the ,secretary of the ,treasury shall make periodic payments to each possession of the ,united ,states with a mirror code tax system in an amount equal to the loss to that possession by reason of section #de,s of the ,internal ,revenue ,code of #aihf4 ,such amount shall be determined by the ,secretary of the ,treasury based on information provided by the government of the respective possession4 7,b7 ,other possessions ,the ,secretary of the ,treasury shall make annual payments to each possession of the ,united ,states which does not have a mirror code tax system in an amount estimated by the ,secretary of the ,treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of section #de,s of such ,code if a mirror code tax system had been in effect in such possession4 ,the preceding sentence shall not apply with respect to any possession of the ,united ,states unless such possession has a plan1 which has been approved by the ,secretary of the ,treasury1 under which such possession will promptly distribute such payment to the residents of such possession4 7#b7 ,coordination with credit allowed against ,united ,states income taxes ,no credit shall be allowed against ,united ,states income taxes under section #de,s of such ,code to any person-- 7,a7 to whom a credit is allowed against taxes imposed by the possession by reason of such section1 or 7,b7 who is eligible for a payment under a plan described in paragraph 7#a77;,b74 7#c7 ,definitions and special rules 7,a7 ,possessions of the ,united ,states ,for purposes of this section1 the term possession of the ,united ,states includes the ,commonwealth of ,puerto ,rico and the ,commonwealth of the ,northern ,mariana ,islands4 7,b7 ,mirror code tax system ,for purposes of this section1 the term mirror code tax system means1 with respect to any possession of the ,united ,states1 the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the ,united ,states as if such possession were the ,united ,states4 7,c7 ,treatment of payments ,for purposes of section #acbd7;b77#b7 of title #ca1 ,united ,states ,code1 the payments under this section shall be treated in the same manner as a refund due from sections referred to in such section #acbd7;b77#b74 #fjb4 ,denial of deduction for outsourcing expenses 7a7 ,in general ,part ,,ix of subchapter ,b of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #bhj;,i4 ,outsourcing expenses 7a7 ,in general ,no deduction otherwise allowable under this chapter shall be allowed for any specified outsourcing expense4 7b7 ,specified outsourcing expense ,for purposes of this section-- 7#a7 ,in general ,the term specified outsourcing expense means-- 7,a7 any eligible expense paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer 7or of any member of any expanded affiliated group in which the taxpayer is also a member7 located within the ,united ,states1 and 7,b7 any eligible expense paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer 7or of any member of any expanded affiliated group in which the taxpayer is also a member7 located outside the ,united ,states1 if such establishment constitutes the relocation of the business unit so eliminated4 ,for purposes of the preceding sentence1 a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment4 7#b7 ,application of certain definitions and rules 7,a7 ,definitions ,for purposes of this section1 the terms eligible expenses1 business unit1 and expanded affiliated group shall have the respective meanings given such terms by section #de,s7b74 7,b7 ,operating expenses not taken into account ,a rule similar to the rule of section #de,s7b77#f7 shall apply for purposes of this section4 7c7 ,special rules 7#a7 ,application to deductions for depreciation and amortization ,in the case of any portion of a specified outsourcing expense which is not deductible in the taxable year in which paid or incurred1 such portion shall neither be chargeable to capital account nor amortizable4 7#b7 ,possessions treated as part of the ,united ,states ,for purposes of this section1 the term ,united ,states shall be treated as including each possession of the ,united ,states 7including the ,commonwealth of ,puerto ,rico and the ,commonwealth of the ,northern ,mariana ,islands74 7d7 ,regulations ,the ,secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section1 including regulations which provide 7or create a rebuttable presumption7 that certain establishments of business units outside the ,united ,states will be treated as relocations 7based on timing or such other factors as the ,secretary may provide7 of business units eliminated within the ,united ,states4 4 7b7 ,limitation on subpart ,f income of controlled foreign corporations determined without regard to specified outsourcing expenses ,section #ieb7;c7 of such ,code is amended by adding at the end the following new paragraph3 7#d7 ,earnings and profits determined without regard to specified outsourcing expenses ,for purposes of this subsection1 earnings and profits of any controlled foreign corporation shall be determined without regard to any specified outsourcing expense 7as defined in section #bhj;,i7b774 4 7c7 ,clerical amendment ,the table of sections for part ,,ix of subchapter ,b of chapter #a of such ,code is amended by adding at the end the following new item3 ,sec4 #bhj;,i4 ,outsourcing expenses4 4 7d7 ,effective date ,the amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this ,act4 ,,vii ,matters relating to environmental protections #gja4 ,environmental protection in trade relations ,section #cja7;d77#c77;,b7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdaa7;d77#c77;,b77 is amended-- 7#a7 in clause 7iii77,v71 by striking or at the end2 7#b7 in clause 7iv71 by striking the period at the end and inserting 1 or2 7#c7 by moving clause 7iv71 as so amended1 two ems to the left2 and 7#d7 by adding at the end the following3 7v7 constitutes a persistent pattern of conduct that-- 7,i7 fails to effectively enforce the environmental laws of a foreign country1 7,,ii7 waives or otherwise derogates from the environmental laws of a foreign country or weakens the protections afforded by such laws1 7,,iii7 fails to provide for judicial or administrative proceedings giving access to remedies for violations of the environmental laws of a foreign country1 7,,iv7 fails to provide appropriate and effective sanctions or remedies for violations of the environmental laws of a foreign country1 or 7,v7 fails to implement environmental commitments in agreements to which a foreign country and the ,united ,states are a party4 4 #gjb4 ,identification of foreign country trade practices that negatively affect the environment 7a7 ,in general ,chapter #a of title ,,iii of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdaa et seq47 is amended by adding at the end the following3 #caa4 ,identification of foreign country trade practices that negatively affect the environment 7a7 ,identification 7#a7 ,in general ,the ,trade ,representative shall identify those foreign country trade practices that cause negative environmental impacts on the protection of human1 animal1 or plant life or health1 or the conservation of exhaustible natural resources in the ,united ,states1 the foreign country1 a third country1 or internationally4 7#b7 ,factors ,in identifying foreign country trade practices under paragraph 7#a71 the ,trade ,representative shall take into account all relevant factors1 including-- 7,a7 the strength of the connection between trade and the negative environmental impact2 7,b7 the significance of the negative environmental impact on the protection of human1 animal or plant life or health1 or the conservation of exhaustible natural resources2 and 7,c7 the costs and benefits of addressing the negative environmental impact through the authorities under section #cja4 7#c7 ,consultation ,in identifying foreign country trade practices under paragraph 7#a71 the ,trade ,representative shall provide the opportunity for input by and consultation with interested persons1 including private or nongovernmental organizations working towards environmental protection or conservation1 domestic industrial users of any goods that may be affected by this section1 and appropriate ,federal departments and agencies4 7b7 ,report 7#a7 ,in general ,not later than #bgj days after the date of submission of a report under section #aha7;b7 of this ,act1 and every #b years thereafter1 the ,trade ,representative shall submit to the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate and publish in the ,federal ,register a report on the foreign country trade practices identified under subsection 7a74 7#b7 ,matters to be included ,the ,trade ,representative may include in the report1 if appropriate-- 7,a7 a description of other foreign country trade practices that may in the future warrant inclusion in the report as foreign country trade practices that negatively affect the environment2 and 7,b7 a statement regarding other foreign country trade practices that negatively affect the environment that have not been identified because they are subject to other provisions of ,united ,states trade law1 existing bilateral trade agreements1 or trade negotiations1 and progress is being made toward the mitigation1 reduction1 or elimination of the negative environmental impacts of such foreign country trade practices4 4 7b7 ,clerical amendment ,the table of contents for the ,trade ,act of #aigd is amended by inserting after the item relating to section #caj the following new item3 ,sec4 #caa4 ,identification of foreign country trade practices that negatively affect the environment4 4 ,,viii ,other matters #hja4 ,modification of availability of amounts from ,trade ,enforcement ,trust ,fund ,section #faa7;d77#a7 of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7,public ,law #aad-abe2 #ai ,u4,s4,c4 #ddje7;d77#a77 is amended by striking 1 only as provided by appropriations ,acts14 #hjb4 ,government ,accountability ,office report on commitments under certain international fora 7a7 ,in general ,not later than ,december #ca of each year after #bjah1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate a report that assesses the progress in achieving compliance by other countries with commitments made under the international fora described in subsection 7b74 7b7 ,international fora described ,the international fora described in this subsection are the following3 7#a7 ,the ,group of ,seven 7,g-#g74 7#b7 ,the ,group of ,twenty 7,g-#bj74 7#c7 ,the ,international ,monetary ,fund4 7#d7 ,the ,u4,s4-,china ,strategic and ,economic ,dialogue4 7#e7 ,the ,u4,s4-,china ,joint ,commission on ,commerce and ,trade4 7#f7 ,the ,global ,forum on ,excess ,steel ,capacity4 7#g7 ,the ,steel ,committee of the ,organization for ,economic ,cooperation and ,development4 7#h7 ,the ,high ,level ,economic ,dialogue with ,mexico4 7#i7 ,the ,u4,s4-,india ,strategic and ,commercial ,dialogue4 #hjc4 ,government ,accountability ,office report on enforcement of child labor prohibition ,not later than ,may #ca of each year after #bjah1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate a report that assesses the progress in ensuring that goods made with child labor do not enter the customs territory of the ,united ,states4 #hjd4 ,congressional advisory groups on enforcement 7a7 ,in general ,section #ajd7;c7 of the ,bipartisan ,congressional ,trade ,priorities and ,accountability ,act of #bjae 7#ai ,u4,s4,c4 #dbjc7;c77 is amended-- 7#a7 by redesignating subsections 7d7 through 7f7 as subsections 7e7 through 7g71 respectively2 and 7#b7 by inserting after subsection 7c7 the following3 7d7 ,congressional advisory groups on enforcement 7#a7 ,in general ,by not later than #fj days after the date of the enactment of the ,trade ,enforcement ,act of #bjag1 and not later than #cj days after the convening of each ,congress1 the chairman of the ,committee on ,ways and ,means of the ,house of ,representatives shall convene the ,house ,advisory ,group on ,enforcement and the chairman of the ,committee on ,finance of the ,senate shall convene the ,senate ,advisory ,group on ,enforcement 7in this subsection referred to collectively as the congressional advisory groups on enforcement74 7#b7 ,members and functions 7,a7 ,membership of the house advisory group on enforcement ,in each ,congress1 the ,house ,advisory ,group on ,enforcement shall be comprised of the following ,members of the ,house of ,representatives3 7i7 ,the chairman and ranking minority member of the ,committee on ,ways and ,means and every member of the ,subcommittee of ,trade of such committee4 7ii7 ,the chairman and ranking minority member1 or their designees1 of the committees of the ,house of ,representatives that would have1 under the ,rules of the ,house of ,representatives1 jurisdiction over provisions of law affected by trade enforcement at any time during that ,congress and to which this ,act would apply4 7,b7 ,membership of the senate advisory group on enforcement ,in each ,congress1 the ,senate ,advisory ,group on ,enforcement shall be comprised of the following ,members of the ,senate3 7i7 ,the chairman and ranking minority member of the ,committee on ,finance and every member of the ,subcommittee on ,international ,trade1 ,customs1 and ,global ,competitiveness of such committee4 7ii7 ,the chairman and ranking minority member1 or their designees1 of the committees of the ,senate that would have1 under the ,rules of the ,senate1 jurisdiction over provisions of law affected by trade enforcement at any time during that ,congress and to which this ,act would apply4 7,c7 ,consultation and advice ,the congressional advisory groups on enforcement shall consult with and provide advice to the ,trade ,representative regarding the formulation and implementation of specific objectives1 strategies1 and positions with respect to enforcing the provisions of existing trade agreements to which the ,united ,states is a party4 7,d7 ,chair ,the ,house ,advisory ,group on ,enforcement shall be chaired by the chairman of the ,committee on ,ways and ,means of the ,house of ,representatives1 and the ,senate ,advisory ,group on ,enforcement shall be chaired by the chairman of the ,committee on ,finance of the ,senate4 7#c7 ,meetings 7,a7 ,quarterly meetings ,the ,president shall meet with the congressional advisory groups on enforcement at least four times in each calendar year4 7,b7 ,request for meeting ,upon the request of a majority of the members of either of the congressional advisory groups on enforcement1 the ,president shall meet with that group4 4 7b7 ,procedural disapproval resolution ,section #ajf7;b77#a77;,b77ii7 of the ,bipartisan ,congressional ,trade ,priorities and ,accountability ,act of #bjae 7#ai ,u4,s4,c4 #dbje7;b77#a77;,b77ii77 is amended-- 7#a7 in subclause 7,,iii71 by striking or at the end2 7#b7 by redesignating subclause 7,,iv7 as subclause 7,v72 and 7#c7 by inserting after subclause 7,,iii7 the following new subclause3 7,,iv7 the ,president has not met with the ,house ,advisory ,group on ,enforcement or the ,senate ,advisory ,group on ,enforcement1 pursuant to section #ajd7;d77#c71 with respect to the enforcement of existing trade agreements to which the ,united ,states is a party2 or 4