§4405 Trade Enforcement Trust Fund

Summary

Creates a Trade Enforcement Trust Fund in the U.S. Treasury to pay for enforcing trade rules. The Treasury must move $15,000,000 from the general fund into the Trust Fund for each fiscal year starting on or after February 24, 2016 through fiscal year 2026, but the Trust Fund can never hold more than $30,000,000 at any time. Transfers must happen at least quarterly so the fund’s balance stays under the cap. Money not needed right away must be invested in U.S. government interest‑bearing securities, and any interest or sale proceeds go back into the Fund. The U.S. Trade Representative, with advice from the Trade Policy Committee, must use or give this money to federal agencies (only when Congress provides it by appropriation) to enforce World Trade Organization and free trade agreement rules, monitor and press other countries to follow their commitments, investigate certain enforcement petitions, and support capacity building and performance tracking for implementing agreement obligations (covering items like goods, services, investment, intellectual property, digital trade, labor, environment, and more). The Fund cannot be used to pay negotiation costs for any free trade agreement entered into on or after February 24, 2016, though it can help with implementation before an agreement takes effect. Within 18 months after any free trade agreement entered into after February 24, 2016 goes into force, the U.S. Trade Representative must report to Congress on actions taken with Fund money. The Comptroller General must, within one year after February 24, 2016, study each federal agency’s trade enforcement spending and full‑time staff and recommend any extra employees or resources needed, and then report to Congress. Definitions: Trade Policy Committee = the interagency TPC; WTO = World Trade Organization; WTO Agreement(s) = the WTO Agreement and its annexes.