Foreign Commerce Competitiveness Enhancement
Amends the Department of Commerce Organic Act to direct the Secretary to establish within the Department of Commerce the Foreign Commerce Development Program which shall: (1) analyze Federal, State, and local regulation of both foreign and U.S. industries and its effect on interstate and foreign commerce; (2) evaluate and propose responses to certain trade barriers; (3) compile a comprehensive inventory of foreign acts, policies, and practices which may constitute trade barriers or which may limit the access of U.S. industries to such foreign countries; and (4) identify and analyze all foreign programs that direct resources to a particular foreign industry to create international competitive advantage and evaluate the effect of such programs on the international competitiveness of U.S. industries, including a description of the nature and extent of government intervention. Directs the Secretary, on the basis of the information gathered through such program, to formulate strategies and policies to increase the competitiveness of U.S. industries. Directs the Secretary to report annually to the Congress and the President on: (1) the analyses and studies and inventory prepared by the Foreign Commerce Development Program; (2) the strategies and policies formulated by the Secretary to increase U.S. competitiveness, respond to foreign trade practices, and ensure reciprocity for U.S. products, services, and investment in foreign markets; (3) assessments of foreign industrial and trade policies on U.S. industries, trade, and employment, and an evaluation of economic and technological development affecting the competitive position of U.S. industry; (4) developments which are significantly likely to present a competitive challenge to, or substantial dislocation in, an established U.S. industry, which present significant new opportunities for U.S. industries, or which create a significant risk to the future competitiveness of U.S. industries; and (5) the industry sectors affected by the developments that create a significant likelihood of competition to or substantial dislocation in an established U.S. industry. Requires the Secretary, in implementing the Foreign Commerce Development Program, to give priority to those countries and product sectors in which the United States has significant economic and commercial interests. Provides a method of changing discriminatory foreign procurement practices and regulatory requirements. Authorizes the Secretary to investigate whether: (1) a foreign government is engaging in a discriminatory procurement practice or imposing a discriminatory regulatory requirement; and (2) that practice or requirement is harming U.S. trade. Sets forth the deadlines for: (1) a determination of whether to investigate the allegations in the petition; (2) preliminary findings if the Secretary decides to undertake the investigation; and (3) the final determination of the Secretary. Directs the Secretary to initiate such an investigation if the Secretary: (1) determines to do so on the basis of a petition; (2) determines to do so on the Secretary's own initiative; or (3) has reason to believe, based on information collected under the Foreign Commerce Development Program, that discriminatory foreign procurement practices exist and are harming U.S. trade. Directs the Secretary to establish a program to evaluate the industrial and trade policies of other countries and the effects of such policies on U.S. industries, trade, and employment. Requires the Secretary to provide sufficient information to the Congress, Federal agencies and Federal courts to ensure their consideration of the competitive impact of pending decisions that could enlarge the access of foreign products and services to the U.S. markets. Requires the Secretary to consult with foreign governments to ensure that market access conditions subject to such pending decisions are equivalent to those existing in the United States. Directs the Secretary to report to the Congress on such consultations. Directs the Secretary to establish special industry sector advisory panels to assess the actual or potential dislocation, challenge, or opportunity for the industry sectors identified in any report submitted under the Foreign Commerce Development Program that is of national significance because of: (1) its employment or capital resources; (2) its impact on national defense; or (3) its importance as a supplier to, or customer of, other U.S. industries. Authorizes the Secretary to establish industry sector advisory panels for other industries. Requires the panels to formulate recommendations for responses to such dislocation, challenge, or opportunity. Directs the Secretary, after the International Trade Commission (ITC) begins an import relief investigation under the Trade Act of 1974 based on a petition, to establish, upon request, an industry advisory group. Requires such an advisory group to prepare for the industry concerned an assessment of current problems and a strategy to enhance competitiveness. Directs the Secretary to try to obtain, on a confidential basis, information from the individual members of such advisory group on: (1) how such members intend to act upon the recommendations in such assessment and strategy; and (2) any other actions such members intend to take which will foster the objectives of the strategy. Requires the ITC, the Secretary of Labor, and the Secretary to consider such assessment and strategy in making any import relief determination or taking any import relief actions. Amends the Trade Act of 1974 to require the Administering Authority, if it determines to provide import relief and if an industry assessment and competitiveness strategy was submitted to the Administering Authority, to publish notice of the availability of, and a summary of, such assessment and strategy. Requires a review committee, if such summary is published, to: (1) monitor actions taken by the petitioners to improve the competitive position of the industry; (2) make recommendations for administrative action; and (3) submit recommended legislation to the Congress. Requires the review committee to consult with the advisory group members if the review committee determines that the firms or workers are not implementing or are implementing unsatisfactorily: (1) the recommended objectives and actions in the industry assessment and competitiveness strategy; or (2) the actions declared in the confidential information obtained by the advisory group. Requires the Administering Authority to request the ITC to issue a report on the probable economic effect on the industry of import relief if, after consultations with the advisory group members, the review committee determines that the failure to implement or failure to implement satisfactorily such actions is not justified by changed circumstances and has adversely affected overall implementation of the objectives of the industry assessment and competitiveness strategy.