[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>