Stand Up for America Act of 2006 - Establishes in the legislative branch an Office of the Congressional Trade Enforcer to ensure compliance by U.S. trading partners with international trade agreements to which the United States is a party.
Establishes the Office of Market Access Assistance within such Office to provide technical and legal assistance and advice to eligible small businesses enabling them to prepare and file petitions (other than those that are frivolous) under the Trade Act of 1974.
Amends the Act to extend indefinitely (currently, 1995 only) the Congressional Trade Enforcer's (currently, U.S. Trade Representative's) mandate to identify and report on trade expansion priorities.
Requires the report to identify priority foreign country practices of currency manipulation.
Requires the Trade Representative, before initiating an investigation (as under current law), to seek consultations with each foreign country identified in the report as engaging in priority foreign country practices, for the purpose of reaching a satisfactory resolution of such priority practices. Requires initiation of an investigation only if a satisfactory resolution of such practices has not been reached.
Requires the Congressional Trade Enforcer: (1) to identify and report to Congress on priority foreign trade practices of the People's Republic of China (PRC), the Russian Federation, and the European Union; and (2) as part of the report's analysis, to consider violations by the PRC and the Russian Federation of World Trade Organization (WTO) rules regarding the protection of intellectual property rights, violations by the PRC of WTO rules regarding the manipulation of currency, and violations by the European Union of WTO rules regarding discriminatory regional trade agreements.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4733 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 4733
To establish the Office of the Congressional Trade Enforcer, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 8, 2006
Mr. Rangel (for himself, Mr. Cardin, Mr. Stark, Mr. Levin, Mr.
McDermott, Mr. Neal of Massachusetts, Mr. McNulty, Mr. Becerra, Mr.
Pomeroy, and Mr. Davis of Alabama) introduced the following bill; which
was referred to the Committee on Ways and Means, and in addition to the
Committee on Rules, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish the Office of the Congressional Trade Enforcer, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stand Up for America Act of 2006''.
SEC. 2. OFFICE OF THE CONGRESSIONAL TRADE ENFORCER.
(a) Establishment.--There is established in the legislative branch
an Office of the Congressional Trade Enforcer (in this section referred
to as the ``Office'').
(b) Congressional Trade Enforcer.--
(1) Appointment.--The head of the Office shall be a
Congressional Trade Enforcer, who shall be appointed by the
Speaker of the House of Representatives, the minority leader of
the House of Representatives, the majority leader of the
Senate, and the minority leader of the Senate after considering
recommendations received from the Committee on Ways and Means
of the House of Representatives and Committee on Finance of the
Senate, without regard to political affiliation and solely on
the basis of fitness to perform the functions described in
subsection (d).
(2) Term.--The term of office of the Congressional Trade
Enforcer shall be 5 years. An individual serving as
Congressional Trade Enforcer at the expiration of a term may
continue to serve until a successor is appointed. The
Congressional Trade Enforcer may be removed by either the House
of Representatives or the Senate by resolution.
(3) Compensation.--The Congressional Trade Enforcer shall
receive compensation at an annual rate of pay that is equal to
the lower of--
(A) the highest annual rate of compensation of any
officer of the Senate; or
(B) the highest annual rate of compensation of any
officer of the House of Representatives.
(c) Personnel.--The Congressional Trade Enforcer shall appoint and
fix the compensation of such personnel as may be necessary to carry out
the functions described in subsection (d). All personnel of the Office
shall be appointed without regard to political affiliation and solely
on the basis of their fitness to perform their duties. The
Congressional Trade Enforcer may prescribe the duties and
responsibilities of the personnel of the Office, and delegate to them
authority to perform any of the duties, powers, and functions imposed
on the Office. For purposes of pay (other than pay of the Congressional
Trade Enforcer) and employment benefits, rights, and privileges, all
personnel of the Office shall be treated as if they were employees of
the House of Representatives.
(d) Functions.--
(1) Principle function.--The principle function of the
Congressional Trade Enforcer shall be to ensure compliance by
trading partners of the United States with international trade
agreements to which the United States is a party.
(2) Other functions; actions by ustr.--
(A) 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 party.
(B) Submission of indictments.--The Congressional
Trade Enforcer shall submit indictments referred to in
subparagraph (A) to the Committee on Ways and Means of
the House of Representatives, the Committee on Finance
of the Senate, and the United States Trade
Representative.
(C) Action pursuant to indictment.--Within 30 days
after receiving an indictment under subparagraph (B),
the Trade Representative should commence dispute
resolution procedures in the appropriate forum against
the country or countries that are the subject of the
indictment unless--
(i) prior to the date of filing, the
foreign country or countries involved enters
into an agreement with the United States to
eliminate the practice that is inconsistent
with its international obligations; or
(ii) in extraordinary cases, the filing of
the case would cause serious harm to the
national security of the United States.
(D) Report.--If the Trade Representative does not
commence dispute resolution procedures under
subparagraph (C) pursuant to an indictment under
subparagraph (B), the Trade Representative shall, not
later than 30 days after receiving the indictment,
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 decision, together with a
summary of such reasons, in the Federal Register.
(3) Action pursuant to joint resolution.--
(A) In general.--If the Trade Representative does
not commence dispute resolution procedures under
paragraph (2)(C) pursuant to an indictment under
paragraph (2)(B), 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 subparagraph
(B) of a joint resolution described in subparagraph
(C).
(B) Requirements.--(i) The requirements of this
subparagraph are met if the joint resolution is enacted
under subparagraph (C) and--
(I) the Congress adopts and transmits the
joint resolution to the President before the
end of the 90-day period (excluding any day
described in section 154(b) of the Trade Act of
1974), beginning on the date on which the
Congressional Trade Enforcer submits the
indictment under paragraph (2)(B); and
(II) if the President vetoes the joint
resolution, each House of Congress votes to
override that veto on or before the later of
the last day of the 90-day period referred to
in subclause (I) or the last day of the 15-day
period (excluding any day described in section
154(b) of the Trade Act of 1974) beginning on
the date on which the Congress receives the
veto message from the President.
(ii) A joint resolution to which this paragraph
applies may be introduced at any time on or after the
end of the 30-day period described in paragraph (2)(C),
and before the end of the 90-day period referred to in
clause (i).
(C) Joint resolutions.--
(i) Joint resolutions.--For purpose of this
paragraph, the term ``joint resolution'' means
only a joint resolution of the 2 Houses of
Congress, the matter after the resolving clause
of which is as follows: ``That the United
States Trade Representative shall commence
dispute resolution procedures against _______
in ______ pursuant to the indictment submitted
under section 2(d)(2)(B) of the Stand Up for
America Act of 2006 on ______.'', with the
first blank space being filled with the country
or countries that are the subject of the
indictment, the second blank space being filled
with the appropriate forum, and the third blank
space being filled with the appropriate date.
(ii) Procedures.--(I) Joint resolutions may
be introduced in either House of the Congress
by any member of such House.
(II) Subject to the provisions of this
subparagraph, the provisions of subsections
(b), (d), (e), and (f) of section 152 of the
Trade Act of 1974 (19 U.S.C. 2192 (b), (d),
(e), and (f)) apply to joint resolutions to the
same extent as such provisions apply to
resolutions under that section.
(III) If the committee of either House to
which a joint resolution has been referred has
not reported it by the close of the 45th day
after its introduction (excluding any day
described in section 154(b) of the Trade Act of
1974), such committee shall be automatically
discharged from further consideration of the
joint resolution and it shall be placed on the
appropriate calendar.
(IV) It is not in order for--
(aa) the Senate to consider any
joint resolution unless it has been
reported by the Committee on Finance or
the committee has been discharged under
subclause (III); or
(bb) 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 subclause (III).
(V) 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 so.
(iii) 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 (other
than a joint resolution received from the other
House), if that House has previously adopted a
joint resolution under this paragraph.
(iv) Rules of house of representatives and
senate.--This paragraph is enacted by the
Congress--
(I) as an exercise of the
rulemaking power of the House of
Representatives and the Senate,
respectively, and as such is deemed a
part of the rules of each House,
respectively, and such procedures
supersede other rules only to the
extent that they are inconsistent with
such other rules; and
(II) with the full recognition of
the constitutional right of either
House to change the rules (so far as
relating to the procedures of that
House) at any time, in the same manner,
and to the same extent as any other
rule of that House.
(4) Definitions.--In this subsection:
(A) 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 party.
(B) Uruguay round agreements.--The term ``Uruguay
Round Agreements'' means any of the agreements approved
by the Congress under section 101(a)(1) of the Uruguay
Round Agreements Act (19 U.S.C. 3511(a)(1)).
(e) Office of Market Access Assistance.--
(1) Establishment.--There is established in the Office of
the Congressional Trade Enforcer an Office of Market Access
Assistance.
(2) 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 (other than those which, in the
opinion of the Office of Market Access Assistance, are
frivolous) under section 302 of the Trade Act of 1974.
(3) Definition.--The term ``eligible small business'' means
any business concern which, in the judgment of the Office of
Market Access Assistance, due to its small size, has neither
adequate internal resources nor financial ability to obtain
qualified outside assistance in preparing and filing petitions
and complaints under section 302 of the Trade Act of 1974. In
determining whether a business concern is an ``eligible small
business,'' 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
agencies.
(f) Relationship to Executive Branch.--The Congressional Trade
Enforcer is authorized to secure information, data, estimates, and
statistics directly from the various departments, agencies, and
establishments of the executive branch of Government and the regulatory
agencies and commissions of the Government. All such departments,
agencies, establishments, and regulatory agencies and commissions shall
furnish the Congressional Trade Enforcer with any available material
which the Congressional Trade Enforcer determines to be necessary in
the performance of the functions of the Office. The Congressional Trade
Enforcer is also authorized, upon agreement with the head of any such
department, agency, establishment, or regulatory agency or commission,
to utilize its services, facilities, and personnel with or without
reimbursement; and the head of each such department, agency,
establishment, or regulatory agency or commission is authorized to
provide the Office such services, facilities, and personnel.
(g) Relationship to Other Agencies of Congress.--In carrying out
the functions of the Office, and for the purpose of coordinating the
operations of the Office with those of other congressional agencies
with a view to utilizing most effectively the information, services,
and capabilities of all such agencies in carrying out the various
responsibilities assigned to each, the Congressional Trade Enforcer is
authorized to obtain information, data, estimates, and statistics
developed by the Government Accountability Office, and the Library of
Congress, and (upon agreement with them) to utilize their services,
facilities, and personnel with or without reimbursement. The
Comptroller General and the Librarian of Congress are authorized to
provide the Office with the information, data, estimates, and
statistics, and the services, facilities, and personnel, referred to in
the preceding sentence.
(h) Authorizations of Appropriations.--There are authorized to be
appropriated to the Office to carry out this section such sums as may
be necessary for each fiscal year.
SEC. 3. IDENTIFICATION OF TRADE EXPANSION PRIORITIES.
(a) Identification of Trade Expansion Priorities.--Section 310 of
the Trade Act of 1974 is amended to read as follows:
``SEC. 310. IDENTIFICATION OF TRADE EXPANSION PRIORITIES.
``(a) Identification.--
``(1) Identification and report.--Within 30 days after the
submission in each calendar year of the report required by
section 181(b), the Congressional Trade Enforcer shall--
``(A) review United States trade expansion
priorities;
``(B) identify priority foreign country practices,
including currency manipulation, the elimination of
which is likely to have the most significant potential
to increase United States exports, either directly or
through the establishment of a beneficial precedent;
and
``(C) submit to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House
of Representatives and the Trade Representative and
publish in the Federal Register a report on the
priority foreign country practices so identified.
``(2) Factors.--In identifying priority foreign country
practices under paragraph (1), the Congressional Trade Enforcer
shall take into account all relevant factors, including--
``(A) the major barriers and trade distorting
practices described in the National Trade Estimate
Report required under section 181(b);
``(B) the trade agreements to which a foreign
country is a party and its compliance with those
agreements;
``(C) the medium- and long-term implications of
foreign government procurement plans; and
``(D) the international competitive position and
export potential of United States products and
services.
``(3) Contents of report.--The Congressional Trade Enforcer
may include in the report, if appropriate--
``(A) a description of foreign country practices
that may in the future warrant identification as
priority foreign country practices; and
``(B) a statement about other foreign country
practices that were not identified because they are
already being addressed by provisions of United States
trade law, by existing bilateral trade agreements, or
as part of trade negotiations with other countries, and
because progress is being made toward the elimination
of such practices.
``(4) Definition.--In this subsection, the term
`Congressional Trade Enforcer' means the head of the Office of
the Congressional Trade Enforcer established pursuant to
section 2 of the Stand Up for America Act of 2006.
``(b) Initiation of Consultations.--By no later than the date that
is 21 days after the date on which a report is submitted to the
appropriate congressional committees and the Trade Representative under
subsection (a)(1), the Trade Representative should seek consultations
with each foreign country identified in the report as engaging in
priority foreign country practices for the purpose of reaching a
satisfactory resolution of such priority practices.
``(c) Initiation of Investigation.--If the Trade Representative
seeks consultations under subsection (b) and a satisfactory resolution
of the priority foreign country practices involved has not been reached
within 90 days after the date on which a report is submitted to the
appropriate congressional committees under subsection (a)(1), the Trade
Representative shall initiate under section 302(b)(1) an investigation
under this chapter with respect to such priority foreign country
practices.
``(d) Agreements for the Elimination of Barriers.--In the
consultations with a foreign country that the Trade Representative is
required to request under section 303(a) with respect to an
investigation initiated by reason of subsection (c), the Trade
Representative shall seek to negotiate an agreement that provides for
the elimination of the practices that are the subject of the
investigation as quickly as possible or, if elimination of the
practices is not feasible, an agreement that provides for compensatory
trade benefits.
``(e) Reports.--The Trade Representative shall include in the
semiannual report required by section 309 a report on the status of any
investigations initiated pursuant to subsection (c) and, where
appropriate, the extent to which such investigations have led to
increased opportunities for the export of products and services of the
United States.''.
(b) Initial Report on Certain Practices.--Not later than 90 days
after the date of the enactment of this Act, the Congressional Trade
Enforcer shall identify, and report to the Congress on, priority
foreign trade practices of the People's Republic of China, the Russian
Federation, and the European Union, in accordance with section 310 of
the Trade Act of 1974, as amended by subsection (a) of this section. As
part of its analysis, the Congressional Trade Enforcer shall consider
violations by the People's Republic of China and the Russian Federation
of World Trade Organization rules regarding the protection of
intellectual property rights, violations by the People's Republic of
China of World Trade Organization rules regarding the manipulation of
currency, and violations by the European Union of World Trade
Organization rules regarding discriminatory regional trade agreements.
(c) Conforming Amendment.--The item relating to section 310 in the
table of contents of the Trade Act of 1974 is amended to read as
follows:
``Sec. 310. Identification of trade expansion priorities''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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