I 
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. BECER-
RA, 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 de-
termined 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 Representa-
tives 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 EN-
FORCER. 
(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 Rep-
resentatives, the minority leader of the House of 
Representatives, the majority leader of the Senate, 
and the minority leader of the Senate after consid-
ering 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 sub-
section (d). 
(2) TERM.—The term of office of the Congres-
sional Trade Enforcer shall be 5 years. An indi-
vidual 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 compensa-
tion of any officer of the Senate; or 
(B) the highest annual rate of compensa-
tion of any officer of the House of Representa-
tives. 
(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 ap-
pointed without regard to political affiliation and solely on 
the basis of their fitness to perform their duties. The Con-
gressional 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 func-
tion 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 in-
vestigate foreign trade practices that are bar-
riers to United States exports and issue indict-
ments in cases where such practices violate any 
of the Uruguay Round Agreements or any bilat-
eral or regional trade agreement to which the 
United States is a party. 
(B) SUBMISSION OF INDICTMENTS.—The 
Congressional Trade Enforcer shall submit in-
dictments 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 Representa-
tive should commence dispute resolution proce-
dures 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 for-
eign country or countries involved enters 
into an agreement with the United States 
to eliminate the practice that is incon-
sistent 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 proce-
dures 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
RESOLU-
TION.—
(A) IN
GENERAL.—If the Trade Rep-
resentative does not commence dispute resolu-
tion procedures under paragraph (2)(C) pursu-
ant 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 en-
actment pursuant to the requirements of sub-
paragraph (B) of a joint resolution described in 
subparagraph (C). 
(B) REQUIREMENTS.—(i) The require-
ments 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 En-
forcer submits the indictment under para-
graph (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 re-
ferred 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 mes-
sage from the President. 
(ii) A joint resolution to which this para-
graph 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 pur-
pose 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 Represent-
ative shall commence dispute resolution 
procedures against lllllll in 
llllll pursuant to the indictment 
submitted under section 2(d)(2)(B) of the 
Stand Up for America Act of 2006 on 
llllll.’’, 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 resolu-
tions 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 re-
ferred has not reported it by the close of 
the 45th day after its introduction (exclud-
ing any day described in section 154(b) of 
the Trade Act of 1974), such committee 
shall be automatically discharged from fur-
ther 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 re-
ported by the Committee on Finance 
or the committee has been discharged 
under subclause (III); or 
(bb) the House of Representa-
tives 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 Rep-
resentatives to proceed to the consideration 
of a joint resolution may only be made on 
the second legislative day after the cal-
endar day on which the Member making 
the motion announces to the House his or 
her intention to do so. 
(iii) CONSIDERATION OF SECOND RES-
OLUTION NOT IN ORDER.—It shall not be 
in order in either the House of Representa-
tives or the Senate to consider a joint reso-
lution (other than a joint resolution re-
ceived from the other House), if that 
House has previously adopted a joint reso-
lution under this paragraph. 
(iv) RULES
OF
HOUSE
OF
REP-
RESENTATIVES AND SENATE.—This para-
graph is enacted by the Congress— 
(I) as an exercise of the rule-
making power of the House of Rep-
resentatives and the Senate, respec-
tively, and as such is deemed a part 
of the rules of each House, respec-
tively, 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 man-
ner, 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 assist-
ance 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 Adminis-
trator 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 in-
formation, data, estimates, and statistics directly from the 
various departments, agencies, and establishments of the 
executive branch of Government and the regulatory agen-
cies and commissions of the Government. All such depart-
ments, agencies, establishments, and regulatory agencies 
and commissions shall furnish the Congressional Trade 
Enforcer with any available material which the Congres-
sional Trade Enforcer determines to be necessary in the 
performance of the functions of the Office. The Congres-
sional Trade Enforcer is also authorized, upon agreement 
with the head of any such department, agency, establish-
ment, or regulatory agency or commission, to utilize its
services, facilities, and personnel with or without reim-
bursement; and the head of each such department, agency, 
establishment, or regulatory agency or commission is au-
thorized to provide the Office such services, facilities, and 
personnel. 
(g) RELATIONSHIP TO OTHER AGENCIES OF CON-
GRESS.—In carrying out the functions of the Office, and 
for the purpose of coordinating the operations of the Of-
fice 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, esti-
mates, and statistics developed by the Government Ac-
countability Office, and the Library of Congress, and 
(upon agreement with them) to utilize their services, facili-
ties, 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 PRIOR-
ITIES. 
(a) IDENTIFICATION OF TRADE EXPANSION PRIOR-
ITIES.—Section 310 of the Trade Act of 1974 is amended 
to read as follows: 
‘‘SEC. 310. IDENTIFICATION OF TRADE EXPANSION PRIOR-
ITIES. 
‘‘(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 Congres-
sional Trade Enforcer shall— 
‘‘(A) review United States trade expansion 
priorities; 
‘‘(B) identify priority foreign country prac-
tices, 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 establish-
ment 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 Fed-
eral Register a report on the priority foreign 
country practices so identified.
‘‘(2) FACTORS.—In identifying priority foreign 
country practices under paragraph (1), the Congres-
sional Trade Enforcer shall take into account all rel-
evant factors, including— 
‘‘(A) the major barriers and trade dis-
torting practices described in the National 
Trade Estimate Report required under section 
181(b); 
‘‘(B) the trade agreements to which a for-
eign country is a party and its compliance with 
those agreements; 
‘‘(C) the medium- and long-term implica-
tions 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 Congres-
sional Trade Enforcer may include in the report, if 
appropriate— 
‘‘(A) a description of foreign country prac-
tices that may in the future warrant identifica-
tion as priority foreign country practices; and 
‘‘(B) a statement about other foreign coun-
try 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 negotia-
tions 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 es-
tablished 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 com-
mittees and the Trade Representative under subsection 
(a)(1), the Trade Representative should seek consultations 
with each foreign country identified in the report as en-
gaging in priority foreign country practices for the pur-
pose 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 coun-
try practices involved has not been reached within 90 days 
after the date on which a report is submitted to the appro-
priate 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 BAR-
RIERS.—In the consultations with a foreign country that 
the Trade Representative is required to request under sec-
tion 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 elimi-
nation of the practices that are the subject of the inves-
tigation 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 in-
clude in the semiannual report required by section 309 
a report on the status of any investigations initiated pur-
suant to subsection (c) and, where appropriate, the extent 
to which such investigations have led to increased opportu-
nities 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