FUNCTIONS.

SEC. 1601. FUNCTIONS. (a) In General.— Section 141(c) of the Trade Act of 1974 (19 U.S.C. 2171(c)) is amended— (1) by amending paragraph (1) to read as follows: “(c) (1) The United States Trade Representative shall— “(A) have primary responsibility for developing, and for coordinating the implementation of, United States international trade policy, including commodity matters, and, to the extent they are related to international trade policy, direct investment matters; “(B) serve as the principal advisor to the President on international trade policy and shall advise the President on the impact of other policies of the United States Government on international trade; “(C) have lead responsibility for the conduct of, and shall be the chief representative of the United States for, international trade negotiations, including commodity and direct investment negotiations, in which the United States participates; “(D) issue and coordinate policy guidance to departments and agencies on basic issues of policy and interpretation arising in the exercise of international trade functions, to the extent necessary to assure the coordination of international trade policy and consistent with any other law; “(E) act as the principal spokesman of the President on international trade; “(F) report directly to the President and the Congress regarding, and be responsible to the President and the Congress for the administration of, trade agreements programs; 102 STAT. 1261 “(G) advise the President and Congress with respect to non-tariff barriers to international trade, international commodity agreements, and other matters which are related to the trade agreements programs; “(H) be responsible for making reports to Congress with respect to matters referred to in subparagraphs (C) and (F); “(I) be chairman of the interagency trade organization established under section 242(a) of the Trade Expansion Act of 1962, and shall consult with and be advised by such organization in the performance of his functions; and “(J) in addition to those functions that are delegated to the United States Trade Representative as of the date of the enactment of the Omnibus Trade and Competitiveness Act of 1988, be responsible for such other functions as the President may direct.”; (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (3) by inserting after paragraph (1) the following: “(2) It is the sense of Congress that the United States Trade Representative should— “(A) be the senior representative on any body that the President may establish for the purpose of providing to the President advice on overall economic policies in which international trade matters predominate; and “(B) be included as a participant in all economic summit and other international meetings at which international trade is a major topic.”. (b) Unfair Trade Practices.— Such section 141 is further amended— (1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and (2) by inserting after subsection (c) the following new subsection: “(d) (1) In carrying out subsection (c) with respect to unfair trade practices, the United States Trade Representative shall— “(A) coordinate the application of interagency resources to specific unfair trade practice cases; “(B) identify, and refer to the appropriate Federal department or agency for consideration with respect to action, each act, policy, or practice referred to in the report required under section 181(b), or otherwise known to the United States Trade Representative on the basis of other available information, that may be an unfair trade practice that either— “(i) is considered to be inconsistent with the provisions of any trade agreement and has a significant adverse impact on United States commerce, or “(ii) has a significant adverse impact on domestic firms or industries that are either too small or financially weak to initiate proceedings under the trade laws; “(C) identify practices having a significant adverse impact on United States commerce that the attainment of United States negotiating objectives would eliminate; and “(D) identify, on a biennial basis, those United States Government policies and practices that, if engaged in by a foreign government, might constitute unfair trade practices under United States law. 102 STAT. 1262 “(2) For purposes of carrying out paragraph (1), the United States Trade Representative shall be assisted by an interagency unfair trade practices advisory committee composed of the Trade Representative, who shall chair the committee, and senior representatives of the following agencies, appointed by the respective heads of those agencies: “(A) The Bureau of Economics and Business Affairs of the Department of State. “(B) The United States and Foreign Commercial Services of the Department of Commerce. “(C) The International Trade Administration (other than the United States and Foreign Commercial Service) of the Department of Commerce. “(D) The Foreign Agricultural Service of the Department of Agriculture. The United States Trade Representative may also request the advice of the United States International Trade Commission regarding the carrying out of paragraph (1). “(3) For purposes of this subsection, the term ‘unfair trade practice’ means any act, policy, or practice that— “(A) may be a subsidy with respect to which countervailing duties may be imposed under subtitle A of title VII; “(B) may result in the sale or likely sale of foreign merchandise with respect to which antidumping duties may be imposed under subtitle B of title VII; “(C) may be either an unfair method of competition, or an unfair act in the importation of articles into the United States, that is unlawful under section 337; or “(D) may be an act, policy, or practice of a kind with respect to which action may be taken under title HI of the Trade Act of 1974.”.