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19 U.S.C. § 2432 — Trade enforcement priorities
Federal law — U.S. Code and appendices · legal_authorities
**(a) Trade enforcement priorities, consultations, and report**
(1) **Trade enforcement priorities consultations** — Not later than May 31 of each calendar year that begins after February 24, 2016, the United States Trade Representative (in this section referred to as the “Trade Representative”) shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the prioritization of acts, policies, or practices of foreign governments that raise concerns with respect to obligations under the WTO Agreements or any other trade agreement to which the United States is a party, or otherwise create or maintain barriers to United States goods, services, or investment.
(2) **Identification of trade enforcement priorities** — In identifying acts, policies, or practices of foreign governments as trade enforcement priorities under this subsection, the Trade Representative shall focus on those acts, policies, and practices the elimination of which is likely to have the most significant potential to increase United States economic growth, and take into account all relevant factors, including—
(A) the economic significance of any potential inconsistency between an obligation assumed by a foreign government pursuant to a trade agreement to which both the foreign government and the United States are parties and the acts, policies, or practices of that government;
(B) the impact of the acts, policies, or practices of a foreign government on maintaining and creating United States jobs and productive capacity;
(C) the major barriers and trade distorting practices described in the most recent National Trade Estimate required under [section 2241(b) of this title](https://uscode.house.gov/view.xhtml?req=gran
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Source location: Title 19, Chapter 12, § 2432; chapter-012-trade-act-of-1974.md
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**(a) Trade enforcement priorities, consultations, and report**
(1) **Trade enforcement priorities consultations** — Not later than May 31 of each calendar year that begins after February 24, 2016, the United States Trade Representative (in this section referred to as the “Trade Representative”) shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the prioritization of acts, policies, or practices of foreign governments that raise concerns with respect to obligations under the WTO Agreements or any other trade agreement to which the United States is a party, or otherwise create or maintain barriers to United States goods, services, or investment.
(2) **Identification of trade enforcement priorities** — In identifying acts, policies, or practices of foreign governments as trade enforcement priorities under this subsection, the Trade Representative shall focus on those acts, policies, and practices the elimination of which is likely to have the most significant potential to increase United States economic growth, and take into account all relevant factors, including—
(A) the economic significance of any potential inconsistency between an obligation assumed by a foreign government pursuant to a trade agreement to which both the foreign government and the United States are parties and the acts, policies, or practices of that government;
(B) the impact of the acts, policies, or practices of a foreign government on maintaining and creating United States jobs and productive capacity;
(C) the major barriers and trade distorting practices described in the most recent National Trade Estimate required under [section 2241(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2241/b&num=0&edition=prelim);
(D) the major barriers and trade distorting practices described in other relevant reports addressing international trade and investment barriers prepared by a Federal agency or congressional commission during the 12 months preceding the date of the most recent report under paragraph (3);
(E) a foreign government’s compliance with its obligations under any trade agreements to which both the foreign government and the United States are parties;
(F) the implications of a foreign government’s procurement plans and policies; and
(G) the international competitive position and export potential of United States products and services.
(3) **Report on trade enforcement priorities and actions taken to address**
(A) *In general* — Not later than July 31 of each calendar year that begins after February 24, 2016, the Trade Representative shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on acts, policies, or practices of foreign governments identified as trade enforcement priorities based on the consultations under paragraph (1) and the criteria set forth in paragraph (2).
(B) *Report in subsequent years* — The Trade Representative shall include, when reporting under subparagraph (A) in any calendar year after the calendar year that begins after February 24, 2016, a description of actions taken to address any acts, policies, or practices of foreign governments identified as trade enforcement priorities under this subsection in the calendar year preceding that report and, as relevant, any calendar year before that calendar year.
**(b) Semiannual enforcement consultations**
(1) **In general** — At the same time as the reporting under subsection (a)(3), and not later than January 31 of each following year, the Trade Representative shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the identification, prioritization, investigation, and resolution of acts, policies, or practices of foreign governments of concern with respect to obligations under the WTO Agreements or any other trade agreement to which the United States is a party, or that otherwise create or maintain trade barriers.
(2) **Acts, policies, or practices of concern** — The semiannual enforcement consultations required by paragraph (1) shall address acts, policies, or practices of foreign governments that raise concerns with respect to obligations under the WTO Agreements or any other trade agreement to which the United States is a party, or otherwise create or maintain trade barriers, including—
(A) engagement with relevant trading partners;
(B) strategies for addressing such concerns;
(C) availability and deployment of resources to be used in the investigation or resolution of such concerns;
(D) the merits of any potential dispute resolution proceeding under the WTO Agreements or any other trade agreement to which the United States is a party relating to such concerns; and
(E) any other aspects of such concerns.
(3) **Active investigations** — The semiannual enforcement consultations required by paragraph (1) shall address acts, policies, or practices that the Trade Representative is actively investigating with respect to obligations under the WTO Agreements or any other trade agreement to which the United States is a party, including—
(A) strategies for addressing concerns raised by such acts, policies, or practices;
(B) any relevant timeline with respect to investigation of such acts, policies, or practices;
(C) the merits of any potential dispute resolution proceeding under the WTO Agreements or any other trade agreement to which the United States is a party with respect to such acts, policies, or practices;
(D) barriers to the advancement of the investigation of such acts, policies, or practices; and
(E) any other matters relating to the investigation of such acts, policies, or practices.
(4) **Ongoing enforcement actions** — The semiannual enforcement consultations required by paragraph (1) shall address all ongoing enforcement actions taken by or against the United States with respect to obligations under the WTO Agreements or any other trade agreement to which the United States is a party, including—
(A) any relevant timeline with respect to such actions;
(B) the merits of such actions;
(C) any prospective implementation actions;
(D) potential implications for any law or regulation of the United States;
(E) potential implications for United States stakeholders, domestic competitors, and exporters; and
(F) other issues relating to such actions.
(5) **Enforcement resources** — The semiannual enforcement consultations required by paragraph (1) shall address the availability and deployment of enforcement resources, resource constraints on monitoring and enforcement activities, and strategies to address those constraints, including the use of available resources of other Federal agencies to enhance monitoring and enforcement capabilities.
**(c) Investigation and resolution** In the case of any acts, policies, or practices of a foreign government identified as a trade enforcement priority under subsection (a), the Trade Representative shall, not later than the date of the first semiannual enforcement consultations held under subsection (b) after the identification of the priority, take appropriate action to address that priority, including—
(1) engagement with the foreign government to resolve concerns raised by such acts, policies, or practices;
(2) initiation of an investigation under [section 2412(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412/b/1&num=0&edition=prelim) with respect to such acts, policies, or practices;
(3) initiation of negotiations for a bilateral agreement that provides for resolution of concerns raised by such acts, policies, or practices; or
(4) initiation of dispute settlement proceedings under the WTO Agreements or any other trade agreement to which the United States is a party with respect to such acts, policies, or practices.
**(d) Enforcement notifications and consultation**
(1) **Initiation of enforcement action** — The Trade Representative shall notify and consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives in advance of the initiation of any formal trade dispute by or against the United States taken in regard to an obligation under the WTO Agreements or any other trade agreement to which the United States is a party. With respect to a formal trade dispute against the United States, if advance notification and consultation are not possible, the Trade Representative shall notify and consult at the earliest practicable opportunity after initiation of the dispute.
(2) **Circulation of reports** — The Trade Representative shall notify and consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives in advance of the announced or anticipated circulation of any report of a dispute settlement panel or the Appellate Body of the World Trade Organization or of a dispute settlement panel under any other trade agreement to which the United States is a party with respect to a formal trade dispute by or against the United States.
**(e) Definitions** In this section:
(1) **WTO** — The term “WTO” means the World Trade Organization.
(2) **WTO agreement** — The term “WTO Agreement” has the meaning given that term in [section 3501(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501/9&num=0&edition=prelim).
(3) **WTO agreements** — The term “WTO Agreements” means the WTO Agreement and agreements annexed to that Agreement.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Public building, public use, and public work.—** — The terms “public building”, “public use”, and “public work” mean a public building of, use by, and a public work of, the Federal Government, the District of Columbia, Puerto Rico, American Samoa, and the Virgin Islands.
(2) **United states.—** — The term “United States” includes any place subject to the jurisdiction of the United States.
(3) **Federal agency.—** — The term “Federal agency” has the meaning given the term “executive agency” in [section 133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section133&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 8301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Former United States Tariff Commission** The United States Tariff Commission (established by [section 1330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1330&num=0&edition=prelim)) is renamed as the United States International Trade Commission.
**(b) References in law and other documents** Any reference in any law of the United States, or in any order, rule, regulation, or other document, to the United States Tariff Commission (or the Tariff Commission) shall be considered to refer to the United States International Trade Commission.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2241
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Repayment** — If the Secretary, or a court of competent jurisdiction, determines that any person has received any payment under this part to which the person was not entitled, such person shall be liable to repay such amount to the Secretary, except that the Secretary may waive such repayment if the Secretary determines, in accordance with guidelines prescribed by the Secretary, that—
(A) the payment was made without fault on the part of such person; and
(B) requiring such repayment would be contrary to equity and good conscience.
(2) **Recovery of overpayment** — Unless an overpayment is otherwise recovered, or waived under paragraph (1), the Secretary shall recover the overpayment by deductions from any sums payable to such person under this part.
**(b) False statement** A person shall, in addition to any other penalty provided by law, be ineligible for any further payments under this part—
(1) if the Secretary, or a court of competent jurisdiction, determines that the person—
(A) knowingly has made, or caused another to make, a false statement or representation of a material fact; or
(B) knowingly has failed, or caused another to fail, to disclose a material fact; and
(2) as a result of such false statement or representation, or of such nondisclosure, such person has received any payment under this part to which the person was not entitled.
**(c) Notice and determination** Except for overpayments determined by a court of competent jurisdiction, no repayment may be required, and no deduction may be made, under this section until a determination under subsection (a)(1) by the Secretary has been made, notice of the determination and an opportunity for a fair hearing thereon has been given to the person concerned, and the determ
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2411
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) The Trade Representative may modify or terminate any action, subject to the specific direction, if any, of the President with respect to such action, that is being taken under [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim) if—
(A) any of the conditions described in [section 2411(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411/a/2&num=0&edition=prelim) exist,
(B) the burden or restriction on United States commerce of the denial rights, or of the acts, policies, and practices, that are the subject of such action has increased or decreased, or
(C) such action is being taken under [section 2411(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411/b&num=0&edition=prelim) and is no longer appropriate.
(2) Before taking any action under paragraph (1) to modify or terminate any action taken under [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim), the Trade Representative shall consult with the petitioner, if any, and with representatives of the domestic industry concerned, and shall provide opportunity for the presentation of views by other interested persons affected by the proposed modification or termination concerning the effects of the modification or termination and whether any modification or termination of the action is appropriate.
**(b) Notice; report to Congress** The Trade Representative shall promptly publish in the Federal Register notice of, and report in writing to the Congress with respect to, any modification or termination of any action taken under [section 2411
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) On the basis of the investigation initiated under [section 2412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412&num=0&edition=prelim) and the consultations (and the proceedings, if applicable) under [section 2413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2413&num=0&edition=prelim), the Trade Representative shall—
(A) determine whether—
(i) the rights to which the United States is entitled under any trade agreement are being denied, or
(ii) any act, policy, or practice described in subsection (a)(1)(B) or (b)(1) of [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim) exists, and
(B) if the determination made under subparagraph (A) is affirmative, determine what action, if any, the Trade Representative should take under subsection (a) or (b) of [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim).
(2) The Trade Representative shall make the determinations required under paragraph (1) on or before—
(A) in the case of an investigation involving a trade agreement, except an investigation initiated pursuant to [section 2412(b)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412/b/2/A&num=0&edition=prelim) involving rights under the Agreement on Trade-Related Aspects of Intellectual Property Rights (referred to in [section 3511(d)(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/d/15&num=0&edition=prelim)) or the GATT 1994 (as defined in [section 3501(1)(B) of this title](https://usco
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In any negotiation seeking an agreement under [section 2133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2133&num=0&edition=prelim) or [section 4202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4202&num=0&edition=prelim), the President may make a formal offer for the modification or continuance of any United States duty, import restrictions, or barriers to (or other distortions of) international trade, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, import restrictions, or other barrier to (or other distortion of) international trade including trade in services, foreign direct investment and intellectual property as covered by this subchapter, with respect to any article or matter only after he has received a summary of the hearings at which an opportunity to be heard with respect to such article has been afforded under [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2153&num=0&edition=prelim). In addition, the President may make an offer for the modification or continuance of any United States duty, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, with respect to any article included in a list published and furnished under [section 2151(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2151/a&num=0&edition=prelim), only after he has received advice concerning such article from the Commission under [section 2151(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2151/b&num=0&edition=prelim), or after the expiration of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2171
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Contents of resolutions**
(1) For purposes of this section, the term “resolution” means only—
(A) a joint resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: “That the Congress does not approve the action taken by, or the determination of, the President under section 203 of the Trade Act of 1974 transmitted to the Congress on ___.”, the blank space being filled with the appropriate date; and
(B) a joint resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: “That the Congress does not approve ___ transmitted to the Congress on ___.”, with the first blank space being filled in accordance with paragraph (2), and the second blank space being filled with the appropriate date.
(2) The first blank space referred to in paragraph (1)(B) shall be filled, in the case of a resolution referred to in [section 2437(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2437/c/2&num=0&edition=prelim), with the phrase “the report of the President submitted under section ___ of the Trade Act of 1974 with respect to ___” (with the first blank space being filled with “402(b)” or “409(b)”, as appropriate, and the second blank space being filled with the name of the country involved).
**(b) Reference to committees** All resolutions introduced in the House of Representatives shall be referred to the Committee on Ways and Means and all resolutions introduced in the Senate shall be referred to the Committee on Finance.
**(c) Discharge of committees**
(1) If the committee of either House to which a resolution has been referred has not reported it at the end of 30 days after its introduction, not counting any day which is excluded und
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2194
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Contents of resolution** For purposes of this section, the term “resolution” means only a joint resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: “That the Congress does not approve the extension of the authority contained in section 402(c) of the Trade Act of 1974 recommended by the President to the Congress on ___ with respect to ___.”, with the first blank space being filled with the appropriate date, and the second blank space being filled with the names of those countries, if any, with respect to which such extension of authority is not approved, and with the clause beginning with “with respect to” being omitted if the extension of the authority is not approved with respect to any country.
**(b) Application of rules of [section 2192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2192&num=0&edition=prelim); exceptions**
(1) Except as provided in this section, the provisions of [section 2192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2192&num=0&edition=prelim) shall apply to resolutions described in subsection (a).
(2) In applying [section 2192(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2192/c/1&num=0&edition=prelim), all calendar days shall be counted.
(3) That part of [section 2192(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2192/d/2&num=0&edition=prelim) which provides that no amendment is in order shall not apply to any amendment to a resolution which is limited to striking out or inserting the names of one or more countries or to striking out or inserting a with-respect-to clause. Debate in the House of
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2211
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Federal law — U.S. Code and appendices · legal_authorities
**(a) SEED Program** The United States shall implement, beginning in fiscal year 1990, a concerted Program of Support for East European Democracy (which may also be referred to as the “SEED Program”). The SEED Program shall be comprised of diverse undertakings designed to provide cost-effective assistance to those countries of Eastern Europe that have taken substantive steps toward institutionalizing political democracy and economic pluralism.
**(b) Objectives of SEED assistance** The President should ensure that the assistance provided to East European countries pursuant to this chapter is designed—
(1) to contribute to the development of democratic institutions and political pluralism characterized by—
(A) the establishment of fully democratic and representative political systems based on free and fair elections,
(B) effective recognition of fundamental liberties and individual freedoms, including freedom of speech, religion, and association,
(C) termination of all laws and regulations which impede the operation of a free press and the formation of political parties,
(D) creation of an independent judiciary, and
(E) establishment of non-partisan military, security, and police forces;
(2) to promote the development of a free market economic system characterized by—
(A) privatization of economic entities,
(B) establishment of full rights to acquire and hold private property, including land and the benefits of contractual relations,
(C) simplification of regulatory controls regarding the establishment and operation of businesses,
(D) dismantlement of all wage and price controls,
(E) removal of trade restrictions, including on both imports and exports,
(F) liberalization of investment and capital, including the repatriation of profits b
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 5411
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