S 3083 ISCommentsClose CommentsPermalink

To require a review of existing trade agreements and renegotiation of existing trade agreements based on the review, to set terms for future trade agreements, to express the sense of the Senate that the role of Congress in trade policymaking should be strengthened, and for other purposes.CommentsClose CommentsPermalink

June 4, 2008CommentsClose CommentsPermalink

Mr. BROWN (for himself, Mr. DORGAN, Mr. FEINGOLD, Mr. CASEY, and Mr. WHITEHOUSE) introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink

To require a review of existing trade agreements and renegotiation of existing trade agreements based on the review, to set terms for future trade agreements, to express the sense of the Senate that the role of Congress in trade policymaking should be strengthened, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Trade Reform, Accountability, Development, and Employment Act of 2008’ or the ‘TRADE Act of 2008’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) CORE LABOR STANDARDS- The term ‘core labor standards’ means the core labor rights as stated in the International Labour Organization conventions dealing with--CommentsClose CommentsPermalink





(A) freedom of association and the effective recognition of the right to collective bargaining;CommentsClose CommentsPermalink





(B) the elimination of all forms of forced or compulsory labor;CommentsClose CommentsPermalink





(C) the effective abolition of child labor; andCommentsClose CommentsPermalink





(D) the elimination of discrimination with respect to employment and occupation.CommentsClose CommentsPermalink





(2) MULTILATERAL ENVIRONMENTAL AGREEMENTS- The term ‘multilateral environmental agreements’ means any international agreement or provision thereof to which the United States is a party and which is intended to protect, or has the effect of protecting, the environment or human health.CommentsClose CommentsPermalink





(3) TRADE AGREEMENTS-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘trade agreement’ includes the following:CommentsClose CommentsPermalink





(i) The United States-Australia Free Trade Agreement.CommentsClose CommentsPermalink





(ii) The United States-Morocco Free Trade Agreement.CommentsClose CommentsPermalink





(iii) The United States-Singapore Free Trade Agreement.CommentsClose CommentsPermalink





(iv) The United States-Chile Free Trade Agreement Implementation Act.CommentsClose CommentsPermalink





(v) The North American Free Trade Agreement.CommentsClose CommentsPermalink





(vi) The Agreement between the United States of America and the Hashemite Kingdom of Jordan on the Establishment of a Free Trade Area.CommentsClose CommentsPermalink





(vii) The Dominican Republic-Central America-United States Free Trade Agreement Implementation Act.CommentsClose CommentsPermalink





(viii) The United States-Bahrain Free Trade Agreement Implementation Act.CommentsClose CommentsPermalink





(ix) The United States-Oman Free Trade Agreement Implementation Act.CommentsClose CommentsPermalink





(x) The Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel.CommentsClose CommentsPermalink





(xi) The United States-Peru Trade Promotion Agreement.CommentsClose CommentsPermalink





(B) URUGUAY ROUND AGREEMENTS- The term ‘trade agreement’ includes the following Uruguay Round Agreements:CommentsClose CommentsPermalink





(i) The General Agreement on Tariffs and Trade (GATT 1994) annexed to the WTO Agreement.CommentsClose CommentsPermalink





(ii) The WTO Agreement described in section 2(9) of the Uruguay Round Agreements Act (19 U.S.C. 3501(9)).CommentsClose CommentsPermalink





(iii) The agreements described in section 101(d) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)).CommentsClose CommentsPermalink





(iv) Any multilateral agreement entered into by the United States under the auspices of the World Trade Organization dealing with information technology, telecommunications, or financial services.CommentsClose CommentsPermalink

SEC. 3. REVIEW AND REPORT ON EXISTING TRADE AGREEMENTS.

(a) Review and Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than June 30, 2010, the Comptroller General of the United States shall conduct a review of all trade agreements described in section 2(3) and submit to the Congressional Trade Agreement Review Committee established under section 6 a report that includes the information described under subsections (b) and (c) and the recommendations required under subsection (d). The review shall concentrate on the effective operation of the United States trade agreements program generally.CommentsClose CommentsPermalink





(2) COOPERATION OF AGENCIES- The Department of State, the Department of Agriculture, the Department of Commerce, the Department of Labor, the Department of the Treasury, the United States Trade Representative, and other executive departments and agencies shall cooperate with the Comptroller General and the Government Accountability Office in providing access to United States Government officials and documents to facilitate preparation of the report.CommentsClose CommentsPermalink





(b) Information With Respect to Trade Agreements- The report required by subsection (a) shall, with respect to each trade agreement described in section 2(3), to the extent practical, include the following information covering the period between the date on which the agreement entered into force with respect to the United States and the date on which the Comptroller General completes the review:CommentsClose CommentsPermalink





(1) An analysis of indicators of the economic impact of each trade agreement, such as--CommentsClose CommentsPermalink





(A) the dollar value of goods exported from the United States and imported into the United States by sector and year;CommentsClose CommentsPermalink





(B) the employment effects of the agreement on job gains and losses in the United States by sector and changes in wage levels in the United States in dollars by sector and year; andCommentsClose CommentsPermalink





(C) the rate of production, number of employees, and competitive position of industries in the United States significantly affected by the agreement.CommentsClose CommentsPermalink





(2) A trend analysis of wage levels on a year-to-year basis in--CommentsClose CommentsPermalink





(A) each country with which the United States has a trade agreement described in section 2(3)(A);CommentsClose CommentsPermalink





(B) each country that is a major United States trading partner, including Belgium, Brazil, China, France, Germany, Hong Kong, India, Ireland, Italy, Japan, South Korea, Malaysia, Netherlands, Taiwan, and the United Kingdom;CommentsClose CommentsPermalink





(C) each country with which the United States has considered establishing a free trade agreement, including South Africa and Thailand; andCommentsClose CommentsPermalink





(D) each country with respect to which the United States has extended preferential trade treatment under the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.) and the Andean Trade Preference Act (19 U.S.C. 3201 et seq.).CommentsClose CommentsPermalink





(3) The effect on agriculture, including--CommentsClose CommentsPermalink





(A) the trend of prices in the United States for agricultural commodities and food products that are imported into the United States from a country that is a party to an agreement described in section 2(3);CommentsClose CommentsPermalink





(B) an analysis of the effects, if any, on the cost of farm programs in the United States; andCommentsClose CommentsPermalink





(C) the number of farms operating in the United States and the number of acres under production for agricultural commodities that are exported from the United States to a country that is a party to such an agreement on a year-by-year basis.CommentsClose CommentsPermalink





(4) An analysis of the progress in implementing trade agreement commitments and the record of compliance with the terms of each agreement in effect between the United States and a country listed in paragraph (2).CommentsClose CommentsPermalink





(5) A description of any outstanding disputes between the United States and any country that is a party to an agreement listed in section 2(3), including a description of laws, regulations, or policies of the United States or any State that any country that is a party to such an agreement has challenged, or threatened to challenge, under such agreement.CommentsClose CommentsPermalink





(6) An analysis of the ability of the United States to ensure that any country with which the United States has a trade agreement described in section 2(3) complies with United States laws and regulations, including--CommentsClose CommentsPermalink





(A) complying with the customs laws of the United States;CommentsClose CommentsPermalink





(B) making timely payment of duties owed on goods imported into the United States;CommentsClose CommentsPermalink





(C) meeting safety and inspection requirements with respect to food and other products imported into the United States; andCommentsClose CommentsPermalink





(D) complying with prohibitions on the transshipment of goods that are ultimately imported into the United States.CommentsClose CommentsPermalink





(7) A analysis of any privatization of public sector services in the United States or in any country that is a party to the an agreement listed in section 2(3), including any effect such privatization has on the access of consumers to essential services, such as health care, electricity, gas, water, telephone service, or other utilities.CommentsClose CommentsPermalink





(8) An assessment of the impact of the intellectual property provisions of the trade agreements listed in section 2(3) on access to medicines.CommentsClose CommentsPermalink





(9) An analysis of contracts for the procurement of goods or services by Federal or State government agencies from persons operating in any country that is a party to an agreement listed in section 2(3).CommentsClose CommentsPermalink





(10) An assessment of the consequences of significant currency movements and a determination of whether the currency of a country that is a party to an agreement is misaligned deliberately to promote a competitive advantage in international trade for that country.CommentsClose CommentsPermalink





(c) Information on Countries That Are Parties to Trade Agreements- With respect to each country with respect to which the United States has a trade agreement in effect, the report required under subsection (a) shall include information regarding whether that country--CommentsClose CommentsPermalink





(1) has a democratic form of government;CommentsClose CommentsPermalink





(2) respects core labor standards, as defined by the Committee of Experts on the Application of Conventions and Recommendations and the Conference Committee on the Application of Standards of the International Labour Organization;CommentsClose CommentsPermalink





(3) respects fundamental human rights, as determined by the Secretary of State in the annual country reports on human rights of the Department of State;CommentsClose CommentsPermalink





(4) is designated as a country of particular concern with respect to religious freedom under section 402(b)(1) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1));CommentsClose CommentsPermalink





(5) is on a list described in subparagraph (B) or (C) of section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) (commonly known as tier 2 or tier 3 of the Trafficking in Persons List of the Department of State);CommentsClose CommentsPermalink





(6) has taken effective measures to combat and prevent public and private corruption, including measures with respect to tax evasion and money laundering;CommentsClose CommentsPermalink





(7) complies with the multilateral environmental agreements to which the country is a party;CommentsClose CommentsPermalink





(8) has in force adequate labor and environmental laws and regulations, has devoted sufficient resources to implementing such laws and regulations, and has an adequate record of enforcement of such law and regulations;CommentsClose CommentsPermalink





(9) adequately protects intellectual property rights;CommentsClose CommentsPermalink





(10) provides for governmental transparency, due process of law, and respect for international agreements;CommentsClose CommentsPermalink





(11) provides procedures to promote basic democratic rights, including the right to hold clear title to property and the right to a free press; andCommentsClose CommentsPermalink





(12) poses potential concerns to the national security of the United States, including an assessment of transfer of technology, production, and services from one country to another.CommentsClose CommentsPermalink





(d) Recommendations- Each report required under subsection (a) shall include recommendations of the Comptroller General for addressing the problems with respect to an agreement identified under subsections (b) and (c). The recommendations shall include suggestions for renegotiating the agreement based on the requirements described in section 4(b) and for negotiations with respect to new trade agreements.CommentsClose CommentsPermalink





(e) Citations- The Comptroller General shall include in the report required under subsection (a) citations to the sources of data used in preparing the report and a description of the methodologies employed in preparing the report.CommentsClose CommentsPermalink





(f) Public Comment- In preparing each report required under subsection (a), the Comptroller General shall--CommentsClose CommentsPermalink





(1) hold at least 2 hearings that are open to the public; andCommentsClose CommentsPermalink





(2) provide an opportunity for members of the public to testify and submit written comments.CommentsClose CommentsPermalink





(g) Public Availability- The report required under subsection (a) shall be made available to the public not later than 14 days after the Comptroller General completes that report.CommentsClose CommentsPermalink

SEC. 4. INCLUSION OF CERTAIN PROVISIONS IN TRADE AGREEMENTS.

(a) In General- Notwithstanding section 151 of the Trade Act of 1974 (19 U.S.C. 2191) or any other provision of law, any bill implementing a trade agreement between the United States and another country that is introduced in Congress after the date of the enactment of this Act shall be subject to a point of order pursuant to subsection (c) unless the trade agreement meets the requirements described in subsection (b).CommentsClose CommentsPermalink





(b) Requirements- Each trade agreement negotiated between the United States and another country shall meet the following requirements:CommentsClose CommentsPermalink





(1) LABOR STANDARDS- The labor provisions shall--CommentsClose CommentsPermalink





(A) be included in the text of the agreement;CommentsClose CommentsPermalink





(B) require that a country that is party to the agreement adopt and maintain as part of its domestic law and regulations (including in any designated zone in that country), the core labor standards and effectively enforce laws directly related to those standards and to acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health;CommentsClose CommentsPermalink





(C) prohibit a country that is a party to the agreement from waiving or otherwise derogating from its laws and regulations relating to the core labor standards and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health;CommentsClose CommentsPermalink





(D) require each country that is a party to the agreement to adopt into domestic law and enforce effectively core labor standards;CommentsClose CommentsPermalink





(E) provide that failures to meet the labor standards required by the agreement shall be subject to dispute resolution and enforcement mechanisms and penalties that are at least as effective as the mechanisms and penalties that apply to the commercial provisions of the agreement;CommentsClose CommentsPermalink





(F) strengthen the capacity of each country that is a party to the agreement to promote and enforce core labor standards; andCommentsClose CommentsPermalink





(G) establish a commission of independent experts who shall receive, review, and adjudicate any complaint filed under the labor provisions of the trade agreement, and vest the commission with the authority to establish objective indicators to determine compliance with the obligations set forth in subparagraphs (B), (C), (D), (E), and (F).CommentsClose CommentsPermalink





(2) ENVIRONMENTAL AND PUBLIC SAFETY STANDARDS- The environmental provisions shall--CommentsClose CommentsPermalink





(A) be included in the text of the agreement;CommentsClose CommentsPermalink





(B) prohibit each country that is a party to the agreement from weakening, eliminating, or failing to enforce domestic environmental or other public safety standards to promote trade or attract investment;CommentsClose CommentsPermalink





(C) require each such country to implement and enforce fully and effectively, including through domestic law, the country’s obligations under multilateral environmental agreements and provide for the enforcement of such obligations under the agreement;CommentsClose CommentsPermalink





(D) prohibit the trade of products that are illegally harvested or extracted and the trade of goods derived from illegally harvested or extracted natural resources, including timber and timber products, fish, wildlife, and associated products, mineral resources, or other environmentally sensitive goods;CommentsClose CommentsPermalink





(E) provide that the failure to meet the environmental standards required by the agreement be subject to dispute resolution and enforcement mechanisms and penalties that are at least as effective as the mechanisms and penalties that apply to the commercial provisions of the agreement; andCommentsClose CommentsPermalink





(F) allow each country that is a party to the agreement to adopt and implement environmental, health, and safety standards, recognizing the legitimate right of governments to protect the environment and public health and safety.CommentsClose CommentsPermalink





(3) FOOD AND PRODUCT HEALTH AND SAFETY STANDARDS- If the agreement contains health and safety standards for food and other products, the agreement shall--CommentsClose CommentsPermalink





(A) establish that food, feed, food ingredients, and other related food products may be imported into the United States from a country that is a party to the agreement only if such products meet or exceed United States standards with respect to food safety, pesticides, inspections, packaging, and labeling;CommentsClose CommentsPermalink





(B) establish that nonfood products may be imported into the United States from a country that is a party to the agreement only if such products meet or exceed United States health and safety standards with respect to health and safety, inspection, packaging and labeling;CommentsClose CommentsPermalink





(C) allow each country that is a party to the agreement to impose standards designed to protect public health and safety unless it can be clearly demonstrated that such standards do not protect the public health or safety;CommentsClose CommentsPermalink





(D) authorize the Commissioner of the Food and Drug Administration (in this Act, referred to as the ‘Commissioner’) and the Consumer Product Safety Commission (in this Act, referred to as the ‘Commission’) to assess the regulatory system of each country that is a party to the agreement to determine whether the system provides the same or better protection of health and safety for food and other products as provided under the regulatory system of the United States;CommentsClose CommentsPermalink





(E) if the Commissioner or the Commission determines that the regulatory system of such a country does not provide the same or better protection of health and safety for food and other products as provided under the regulatory system of the United States, prohibit the importation into the United States of food and other products from that country;CommentsClose CommentsPermalink





(F) provide a process by which producers from countries whose standards are not found by the Commissioner or the Commission to meet United States standards may have their facilities inspected and certified in order to allow products from approved facilities to be imported into the United States;CommentsClose CommentsPermalink





(G) if harmonization of food or product health or safety standards is necessary to facilitate trade, such harmonization shall be based on standards that are no less stringent than United States standards; andCommentsClose CommentsPermalink





(H) establish mandatory end-use labeling of imports of milk protein concentrates.CommentsClose CommentsPermalink





(4) SERVICES PROVISIONS- If the agreement contains provisions related to the provision of services, such provisions shall--CommentsClose CommentsPermalink





(A) preserve the right of Federal, State, and local governments to maintain essential public services and to regulate, for the benefit of the public, services provided to consumers in the United States by establishing a general exception to the national treatment commitments in the agreement that allows distinctions between United States and foreign service providers and qualifications or limitations on the provision of services;CommentsClose CommentsPermalink





(B)(i) require each country that is a party to the agreement to establish a list of each service sector that will be subject to the obligations of the country under the agreement; andCommentsClose CommentsPermalink





(ii) apply the agreement only to the service sectors that are on the list described in clause (i);CommentsClose CommentsPermalink





(C) establish a general exception to market access obligations that allows a country that is a party to the agreement to maintain or establish a ban on services the country considers harmful, if the ban is applied to domestic and foreign services and service providers alike;CommentsClose CommentsPermalink





(D) require service providers in any country that is a party to the agreement that provide services to consumers in the United States to comply with United States privacy, transparency, professional qualification, and consumer access laws and regulations;CommentsClose CommentsPermalink





(E) require that services provided to consumers in the United States that are subject to privacy laws and regulations in the United States may only be provided by service providers in other countries that provide privacy protections and protections for confidential information that are equal to or exceed the protections provided by United States privacy laws and regulations;CommentsClose CommentsPermalink





(F) require that financial and medical services be subject to United States privacy laws and be performed only in countries that provide protections for confidential information that are equal to or exceed the protections for such information under United States privacy laws;CommentsClose CommentsPermalink





(G) not require the privatization of public services in any country that is a party to the agreement, including services related to national security, social security, health, public safety, education, water, sanitation, other utilities, ports, or transportation; andCommentsClose CommentsPermalink





(H) provide for local governments to operate without being subject to market access obligations under the agreement.CommentsClose CommentsPermalink





(5) INVESTMENT PROVISIONS- If the agreement contains provisions related to investment, such provisions shall--CommentsClose CommentsPermalink





(A) preserve the ability of each country that is a party to the agreement to regulate foreign investment in a manner consistent with the needs and priorities of the country;CommentsClose CommentsPermalink





(B) allow each such country to place reasonable restrictions on speculative capital to reduce global financial instability and trade volatility;CommentsClose CommentsPermalink





(C) not be subject to an investor-state dispute settlement mechanism under the agreement;CommentsClose CommentsPermalink





(D) ensure that foreign investors operating in the United States have rights no greater than the rights provided to domestic investors by the Constitution of the United States;CommentsClose CommentsPermalink





(E) provide for government-to-government dispute resolution relating to a government action that destroys all value of the real property of a foreign investor rather than dispute resolution between the government that took the action and the foreign investor;CommentsClose CommentsPermalink





(F) define the term ‘investment’ to mean not more than a commitment of capital or acquisition of real property and not to include assumption of risk or expectation of gain or profit;CommentsClose CommentsPermalink





(G) define the term ‘investor’ to mean only a person who makes a commitment or acquisition described in subparagraph (F);CommentsClose CommentsPermalink





(H) define the term ‘direct expropriation’ as government action that does not merely diminish the value of property but destroys all value of the property permanently;CommentsClose CommentsPermalink





(I) not provide a dispute resolution system under the agreement for the enforcement of contracts between foreign investors and the government of a country that is a party to the agreement relating to natural resources, public works, or other activities under government control; andCommentsClose CommentsPermalink





(J) define the standard of minimum treatment to provide no greater legal rights than United States citizens possess under the due process clause of section 1 of the 14th amendment to the Constitution of the United States.CommentsClose CommentsPermalink





(6) PROCUREMENT STANDARDS- If the agreement contains government procurement provisions, such provisions shall--CommentsClose CommentsPermalink





(A) require each country that is a party to the agreement to establish a list of industry sectors, goods, or services that will be subject to the national treatment and other obligations of the country under the agreement;CommentsClose CommentsPermalink





(B) with respect to the United States, apply only to State and local governments that specifically agree to the agreement and only to the industry sectors, goods, or services specifically identified by the State government and not apply to local governments; andCommentsClose CommentsPermalink





(C) include only technical specifications for goods or services, or supplier qualifications or other conditions for receiving government contracts that do not undermine--CommentsClose CommentsPermalink





(i) prevailing wage policies;CommentsClose CommentsPermalink





(ii) recycled content policies;CommentsClose CommentsPermalink





(iii) sustainable harvest policies;CommentsClose CommentsPermalink





(iv) renewable energy policies;CommentsClose CommentsPermalink





(v) human rights; orCommentsClose CommentsPermalink





(vi) labor project agreements.CommentsClose CommentsPermalink





(7) INTELLECTUAL PROPERTY REQUIREMENTS- If the agreement contains provisions related to the protection of intellectual property rights, such provisions shall--CommentsClose CommentsPermalink





(A) promote adequate and effective protection of intellectual property rights;CommentsClose CommentsPermalink





(B) include only terms relating to patents that do not, overtly or in application, limit the flexibilities and rights established in the Declaration on the TRIPS Agreement and Public Health, adopted by the World Trade Organization at the Fourth Ministerial Conference at Doha, Qatar on November 14, 2001; andCommentsClose CommentsPermalink





(C) require that any provisions relating to the patenting of traditional knowledge be consistent with the Convention on Biological Diversity, concluded at Rio de Janeiro June 5, 1992.CommentsClose CommentsPermalink





(8) AGRICULTURAL STANDARDS- If the agreement contains provisions related to agriculture, such provisions shall--CommentsClose CommentsPermalink





(A) protect the right of each such country to establish policies with respect to food and agriculture that require farmers to receive fair remuneration for management and labor that occurs on farms and that allow for inventory management and strategic food and renewable energy reserves, to the extent that such policies do not contribute to or allow the dumping of agricultural commodities in world markets at prices lower than the cost of production;CommentsClose CommentsPermalink





(B) protect the right of each country that is a party to the agreement to prevent dumping of agricultural commodities at below the cost of production through border regulations or other mechanisms and policies;CommentsClose CommentsPermalink





(C) ensure that all laws relating to antitrust and anti-competitive business practices remain fully in effect, and that their enforceability is neither pre-empted nor compromised in any manner;CommentsClose CommentsPermalink





(D) ensure adequate supplies of safe food for consumers;CommentsClose CommentsPermalink





(E) protect the right of each country that is a party to the agreement to encourage conservation through the use of best practices with respect to the management and production of crops; andCommentsClose CommentsPermalink





(F) ensure fair treatment of farm laborers in each such country.CommentsClose CommentsPermalink





(9) TRADE REMEDIES AND SAFEGUARDS- If the agreement contains trade remedy provisions, such provisions shall--CommentsClose CommentsPermalink





(A) preserve fully the ability of the United States to enforce its trade laws, including antidumping and countervailing duty laws and safeguard laws;CommentsClose CommentsPermalink





(B) ensure the continued effectiveness of domestic and international prohibitions on unfair trade, especially prohibitions on dumping and subsidies, and domestic and international safeguard provisions;CommentsClose CommentsPermalink





(C) allow the United States to maintain adequate safeguards to ensure that surges of imported goods do not result in economic burdens on workers, firms, or farmers in the United States, including providing that such safeguards go into effect automatically based on certain criteria; andCommentsClose CommentsPermalink





(D) if the currency of a country that is a party to the agreement is deliberately misaligned, establish safeguard remedies that apply automatically to offset substantial and sustained currency movements.CommentsClose CommentsPermalink





(10) RULES OF ORIGIN PROVISIONS- If the agreement contains provisions related to rules of origin, such provisions shall--CommentsClose CommentsPermalink





(A) ensure, to the fullest extent practicable, that goods receiving preferential treatment under the agreement are produced using inputs from a country that is a party to the agreement; andCommentsClose CommentsPermalink





(B) ensure the effective enforcement of such provisions.CommentsClose CommentsPermalink





(11) DISPUTE RESOLUTION AND ENFORCEMENT PROVISIONS- If the agreement contains provisions related to dispute resolution, such provisions shall--CommentsClose CommentsPermalink





(A) incorporate the basic due process guarantees protected by the Constitution of the United States, including access to documents, open hearings, and conflict of interest rules for judges;CommentsClose CommentsPermalink





(B) require that any dispute settlement panel, including an appellate panel, dealing with intellectual property rights or environmental, health, labor, and other public law issues include panelists with expertise in such issues; andCommentsClose CommentsPermalink





(C) provide that dispute resolution proceedings are open to the public and provide timely public access to information regarding enforcement, disputes, and ongoing negotiations related to disputes.CommentsClose CommentsPermalink





(12) TECHNICAL ASSISTANCE- If the agreement contains technical assistance provisions, such provisions shall--CommentsClose CommentsPermalink





(A) be designed to raise standards in developing countries by providing assistance that ensures respect for diversity of development paths;CommentsClose CommentsPermalink





(B) be designed to empower civil society and democratic governments to create sustainable, vibrant economies and respect basic rights;CommentsClose CommentsPermalink





(C) provide that technical assistance shall not supplant economic assistance; andCommentsClose CommentsPermalink





(D) promote the exportation of goods produced with methods that support sustainable natural resources.CommentsClose CommentsPermalink





(13) EXCEPTIONS FOR NATIONAL SECURITY AND OTHER REASONS- Each agreement shall--CommentsClose CommentsPermalink





(A) include an essential security exception that permits a country that is a party to the agreement to apply measures that the country considers necessary for the maintenance or restoration of international peace or security, or the protection of its own essential security interests, including regarding infrastructure, services, manufacturing, and other sectors; andCommentsClose CommentsPermalink





(B) include in its list of general exceptions the following language: ‘Notwithstanding any other provision of this agreement, a provision of law that is nondiscriminatory on its face and relates to domestic health, consumer safety, the environment, labor rights, worker health and safety, economic equity, consumer access, the provision of goods or services, or investment, shall not be subject to challenge under the dispute resolution mechanism established under this agreement, unless the primary purpose of the law is to discriminate with respect to market access.’.CommentsClose CommentsPermalink





(14) FEDERALISM- The agreement may only require a State government to comply with procurement, investment, or services provisions contained in the agreement if the State government has been consulted in full and has given explicit consent to be bound by such provisions.CommentsClose CommentsPermalink





(c) Point of Order in Senate- The Senate shall cease consideration of a bill to implement a trade agreement if--CommentsClose CommentsPermalink





(1) a point of order is made by any Senator against the bill based on the noncompliance of the trade agreement with the requirements of subsection (b); andCommentsClose CommentsPermalink





(2) the point of order is sustained by the Presiding Officer.CommentsClose CommentsPermalink





(d) Waivers and Appeals-CommentsClose CommentsPermalink





(1) WAIVERS- Before the Presiding Officer rules on a point of order described in subsection (c), any Senator may move to waive the point of order and the motion to waive shall not be subject to amendment. A point of order described in subsection (c) is waived only by the affirmative vote of 60 Members of the Senate, duly chosen and sworn.CommentsClose CommentsPermalink





(2) APPEALS- After the Presiding Officer rules on a point of order described in subsection (c), any Senator may appeal the ruling of the Presiding Officer on the point of order as it applies to some or all of the provisions on which the Presiding Officer ruled. A ruling of the Presiding Officer on a point of order described in subsection (c) is sustained unless 60 Members of the Senate, duly chosen and sworn, vote not to sustain the ruling.CommentsClose CommentsPermalink





(3) DEBATE- Debate on the motion to waive under paragraph (1) or on an appeal of the ruling of the Presiding Officer under paragraph (2) shall be limited to 1 hour. The time shall be equally divided between, and controlled by, the majority leader and the minority leader of the Senate, or their designees.CommentsClose CommentsPermalink

SEC. 5. RENEGOTIATION PLAN FOR EXISTING TRADE AGREEMENTS.

The President shall submit to Congress a plan to bring trade agreements in effect on the date of the enactment of this Act into compliance with the requirements of section 4(b) not later than 90 days before the earlier of the day on which the President--CommentsClose CommentsPermalink





(1) initiates negotiations with a foreign country with respect to a new trade agreement; orCommentsClose CommentsPermalink





(2) submits a bill to Congress to implement a trade agreement.CommentsClose CommentsPermalink

SEC. 6. ESTABLISHMENT OF CONGRESSIONAL TRADE AGREEMENT REVIEW COMMITTEE.

(a) Establishment- There is established a Congressional Trade Agreement Review Committee.CommentsClose CommentsPermalink





(b) Functions- The Committee--CommentsClose CommentsPermalink





(1) shall receive the report of the Comptroller General of the United States required under section 3;CommentsClose CommentsPermalink





(2) shall review the plan for bringing trade agreements into compliance with the requirements of section 4(b); andCommentsClose CommentsPermalink





(3) may, not later than 60 days after receiving the plan described in paragraph (2), add items for renegotiation to the plan, reject recommendations in the plan, or otherwise amend the plan by a vote of 2/3 of the members of the Committee.CommentsClose CommentsPermalink





(c) Appointment and Membership- The Committee shall be composed of the chairman and ranking members of the following:CommentsClose CommentsPermalink





(1) The Committee on Agriculture, Nutrition, and Forestry of the Senate.CommentsClose CommentsPermalink





(2) The Committee on Banking, Housing, and Urban Affairs of the Senate.CommentsClose CommentsPermalink





(3) The Committee on Commerce, Science, and Transportation of the Senate.CommentsClose CommentsPermalink





(4) The Committee on Energy and Natural Resources of the Senate.CommentsClose CommentsPermalink





(5) The Committee on Environment and Public Works of the Senate.CommentsClose CommentsPermalink





(6) The Committee on Finance of the Senate.CommentsClose CommentsPermalink





(7) The Committee on Foreign Relations of the Senate.CommentsClose CommentsPermalink





(8) The Committee on Health, Education, Labor, and Pensions of the Senate.CommentsClose CommentsPermalink





(9) The Committee on the Judiciary of the Senate.CommentsClose CommentsPermalink





(10) The Committee on Small Business and Entrepreneurship of the Senate.CommentsClose CommentsPermalink





(11) The Committee on Agriculture of the House of Representatives.CommentsClose CommentsPermalink





(12) The Committee on Education and Labor of the House of Representatives.CommentsClose CommentsPermalink





(13) The Committee on Energy and Commerce of the House of Representatives.CommentsClose CommentsPermalink





(14) The Committee on Financial Services of the House of Representatives.CommentsClose CommentsPermalink





(15) The Committee on Foreign Affairs of the House of Representatives.CommentsClose CommentsPermalink





(16) The Committee on the Judiciary of the House of Representatives.CommentsClose CommentsPermalink





(17) The Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink





(18) The Committee on Small Business of the House of Representatives.CommentsClose CommentsPermalink





(19) The Committee on Transportation and Infrastructure of the House of Representatives.CommentsClose CommentsPermalink





(20) The Committee on Ways and Means of the House of Representatives.CommentsClose CommentsPermalink

SEC. 7. SENSE OF CONGRESS REGARDING READINESS CRITERIA AND IMPROVING THE PROCESS FOR UNITED STATES TRADE NEGOTIATIONS.

It is the sense of Congress that if Congress considers legislation to provide for special procedures for the consideration of bills to implement trade agreements, that legislation shall include--CommentsClose CommentsPermalink





(1) criteria for the President to use in determining whether a country--CommentsClose CommentsPermalink





(A) is able to meet its obligations under a trade agreement;CommentsClose CommentsPermalink





(B) meets the requirements described in section 3(c); andCommentsClose CommentsPermalink





(C) is an appropriate country with which to enter into a trade agreement;CommentsClose CommentsPermalink





(2) a process by which the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives review the determination of the President described in paragraph (1) to verify that the country meets the criteria;CommentsClose CommentsPermalink





(3) requirements for consultation with Congress during trade negotiations that require more frequent consultations than required by the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3801 et seq.), including a process for consultation with any committee of Congress with jurisdiction over any area covered by the negotiations;CommentsClose CommentsPermalink





(4) binding negotiating objectives and requirements outlining what must and must not be included in a trade agreement, including the requirements described in section 4(b);CommentsClose CommentsPermalink





(5) a process for review and certification by Congress to ensure that the negotiating objectives described in paragraph (4) have been met during the negotiations;CommentsClose CommentsPermalink





(6) a process--CommentsClose CommentsPermalink





(A) by which a State may give informed consent to be bound by nontariff provisions in a trade agreement that relate to investment, the service sector, and procurement; andCommentsClose CommentsPermalink





(B) that prevents a State from being bound by the provisions described in subparagraph (A) if the State has not consented; andCommentsClose CommentsPermalink





(7) a requirement that a trade agreement be approved by a majority vote in both Houses of Congress before the President may sign the agreement.CommentsClose CommentsPermalink