[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6180 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6180

 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 House of Representatives 
that the role of Congress in trade policymaking should be strengthened, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2008

 Mr. Michaud (for himself, Mr. Peterson of Minnesota, Mr. Rahall, Mr. 
    Conyers, Mr. Brady of Pennsylvania, Mr. Filner, Mr. Murtha, Ms. 
   DeLauro, Mr. Hinchey, Mr. Delahunt, Ms. Schakowsky, Ms. Linda T. 
 Sanchez of California, Mr. Holden, Mr. Ross, Mr. Visclosky, Mr. Davis 
 of Illinois, Mr. Kildee, Mr. Grijalva, Ms. Woolsey, Mr. DeFazio, Mr. 
  Shuler, Mr. Braley of Iowa, Mr. Loebsack, Mr. Hall of New York, Mr. 
   Ryan of Ohio, Mrs. Boyda of Kansas, Mr. Chandler, Mr. Johnson of 
 Georgia, Mr. Sarbanes, Mr. Hare, Ms. Sutton, Mr. Jackson of Illinois, 
  Mr. Lipinski, Mr. Ellison, Mr. Al Green of Texas, Mr. Gene Green of 
 Texas, Ms. Solis, Ms. Kilpatrick, Ms. Moore of Wisconsin, Mr. Doyle, 
  Mr. Cleaver, Mr. Allen, Mr. Lynch, Mr. Jones of North Carolina, Ms. 
  Baldwin, Ms. Kaptur, Mr. Kucinich, Ms. Shea-Porter, Ms. Hirono, Mr. 
   Arcuri, Mr. Patrick J. Murphy of Pennsylvania, Mr. Kagen, and Mr. 
 Wilson of Ohio) 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 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 House of Representatives 
that the role of Congress in trade policymaking should be strengthened, 
                        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 ``Trade Reform, Accountability, 
Development, and Employment Act of 2008'' or the ``TRADE Act of 2008''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Core labor standards.--The term ``core labor 
        standards'' means the core labor rights as stated in the 
        International Labour Organization conventions dealing with--
                    (A) freedom of association and the effective 
                recognition of the right to collective bargaining;
                    (B) the elimination of all forms of forced or 
                compulsory labor;
                    (C) the effective abolition of child labor; and
                    (D) the elimination of discrimination with respect 
                to employment and occupation.
            (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.
            (3) Trade agreements.--
                    (A) In general.--The term ``trade agreement'' 
                includes the Free Trade Agreements entered into with 
                Australia, Bahrain, Chile, Israel, Jordan, Morocco, 
                Oman, Peru, and Singapore, as well as the North 
                American Free Trade Agreement (NAFTA) and the Dominican 
                Republic-Central America-U.S. Free Trade Agreement 
                (CAFTA).
                    (B) Uruguay round agreements.--The term ``trade 
                agreement'' includes--
                            (i) the General Agreement on Tariffs and 
                        Trade (GATT 1994) annexed to the WTO Agreement;
                            (ii) the WTO Agreement described in section 
                        2(9) of the Uruguay Round Agreements Act (19 
                        U.S.C. 3501(9));
                            (iii) the agreements described in section 
                        101(d) of the Uruguay Round Agreements Act (19 
                        U.S.C. 3511(d));
                            (iv) the post Uruguay Round sectoral 
                        agreements on information technology, 
                        telecommunications, and financial services; and
                            (v) any future WTO agreements that may 
                        result from post Uruguay Round WTO 
                        negotiations.

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

    (a) In General.--Not later than June 30, [2010], and every 2 years 
thereafter, 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 required under 
subsections (b) and (c) and makes the recommendations required under 
subsection (d):
            (1) This review shall relate to the effective operation of 
        the United States trade agreements program generally.
            (2) The State Department, Department of Agriculture, 
        Department of Commerce, Department of Labor, Department of the 
        Treasury, and other executive branch agencies shall cooperate 
        with the Comptroller General of the United States and the 
        Government Accountability Office in providing access to foreign 
        and U.S. Government officials and documents to facilitate the 
        report required.
            (3) The Comptroller General of the United States and the 
        Government Accountability Office are encouraged to use the 
        findings of recent reports and those now being produced in 
        compiling the information required so as to enhance the 
        efficiency of the process.
    (b) Information With Respect to Trade Agreements.--The report 
required under subsection (a) shall, with respect to each trade 
agreement described in section 2(3), include the following information 
covering the period between the date on which the agreement entered 
info force and the date on which the Comptroller General completes the 
review:
            (1) An analysis of the economic impact of each trade 
        agreement, including--
                    (A) the dollar value in inflation-controlled terms 
                of goods exported from the United States and imported 
                into the United States by sector, State, and year 
                delineated by trade partner country;
                    (B) job gains and losses in the United States by 
                sector and State;
                    (C) median wage levels in the United States in 
                inflation-controlled dollar terms by sector, State, and 
                year;
                    (D) an analysis of production outsourcing decisions 
                made by U.S. companies before and after the 
                implementation of each trade agreement and the rate of 
                value-added production, number of employees, and 
                competitive position of industries in the United States 
                significantly affected by the agreement; and
                    (E) income distribution in the United States 
                showing distribution by quintile and poverty rates for 
                the United States.
            (2) A trend analysis of wage levels in inflation-controlled 
        dollars on a year-by-year basis in--
                    (A) countries with whom the United States has trade 
                agreements described in section 2(3)(A);
                    (B) countries who comprise the top U.S. WTO trade 
                partners including Belgium, Brazil, China, France, 
                Germany, Hong Kong, India, Ireland, Italy, Japan, South 
                Korea, Malaysia, Netherlands, Taiwan, and the United 
                Kingdom;
                    (C) countries with whom the United States has 
                considered establishing Free Trade Agreements including 
                South Africa and Thailand;
                    (D) countries who are party to the Caribbean Basin 
                Initiative and the Andean Trade Preference Drug 
                Eradication Act; and
                    (E) Cambodia and Vietnam.
            (3) An analysis of agriculture and food-related outcomes, 
        including--
                    (A) the trend of prices in the United States for 
                agricultural commodities and food products that are 
                imported in significant volumes into the United States 
                from a country that is a party to the agreements 
                described in section 2(3) on a year-by-year basis;
                    (B) an analysis of the effects, if any, on price 
                transparency, price discovery, market concentration, 
                and fair competition in the markets for agricultural 
                commodities and food products that are subject to 
                significant volumes of trade between the United States 
                and each other country that is a party to the 
                agreements described in section 2(3);
                    (C) an analysis of the effects, if any, on the cost 
                of farm programs in the United States and each other 
                country under the scope of section 3(b)(5); and
                    (D) 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 any other country that is a party to 
                the agreement on a year-by-year basis.
            (4) An analysis of compliance with the terms of the 
        relevant agreements in effect between the United States and 
        each country listed in section 3(b)(2) including a description 
        of any outstanding disputes between the United States and any 
        country that is a party to the agreements listed in section 
        2(3), and the status of all 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 the agreements.
            (5) An analysis of the adequacy of the U.S. capacity to 
        ensure trade agreement partners' compliance with Customs and 
        other U.S. regulatory requirements, including as regards the 
        agreements listed in section 2(3): ensuring duty payment and 
        amount of duties collected by the United States on goods 
        imported into the United States; an analysis of the rate and 
        adequacy of inspections of food and other products imported; 
        and an assessment of the extent to which goods produced in a 
        country that is a party to the agreements listed in section 
        2(3) are transshipped through other countries with which the 
        United States has a bilateral or regional agreement in effect 
        that may result in a rate of duty on such goods that is lower 
        than the rate of duty under the agreement.
            (6) A description of any privatization of public sector 
        services, in the United States or in any country that is a 
        party to the agreements listed in section 2(3), if those 
        sectors are covered by investment, financial services, or 
        services provisions of the agreement, including an analysis of 
        any effect such privatization has had on the access of 
        consumers to essential services, such as health care, 
        electricity, gas, water, telephone service, or other utilities.
            (7) An analysis of the price of pharmaceuticals and any 
        effect that changes in the price of pharmaceuticals has had on 
        the access of consumers to affordable medicines in the United 
        States or any country that is a party to the agreements listed 
        in section 2(3).
            (8) A list of any potential concerns posed by any country 
        that is a party to the agreements listed in section 2(3) to the 
        national security of the United States, including--
                    (A) any potential effect on the efforts of the 
                United States to increase the energy self-sufficiency 
                of the United States;
                    (B) any increase in narco-trafficking as a result 
                of economic pressures on farmers in any such country to 
                grow illegal crops; and
                    (C) any increase in poverty in any such country as 
                a result of the displacement of workers in sectors 
                impacted by the agreement.
            (9) An analysis of trends in the number of immigrants, 
        including undocumented immigrants, entering the United States 
        on a year-by-year basis from each country that is a party to 
        the agreements listed in section 2(3).
            (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 the agreements listed in 
        section 2(3) is misaligned deliberately to promote a 
        competitive advantage in international trade for that country.
            (11) 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 the 
        agreements listed in section 2(3).
    (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 listed in section 2(3) in effect, 
the report required under subsection (a) shall include information 
regarding whether that country--
            (1) has a democratic form of government;
            (2) respects [core] labor rights, 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;
            (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;
            (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));
            (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);
            (6) has taken effective measures to combat and prevent 
        public and private corruption, including measures with respect 
        to tax evasion and money laundering;
            (7) complies with the multilateral environmental agreements 
        to which the country is a party;
            (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;
            (9) adequately protects intellectual property rights; and
            (10) provides for governmental transparency, due process of 
        law, and respect for international agreements.
    (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 to meet the requirements described in 
section 4(b) and for negotiations with respect to new trade agreements.
    (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.
    (f) Public Comment.--In preparing each report required under 
subsection (a), the Comptroller General shall--
            (1) hold at least 3 hearings that are open to the public; 
        and
            (2) provide an opportunity for members of the public to 
        testify and submit written comments.
    (g) Public Availability.--The information in each report required 
under subsection (a) shall be made available to the public not later 
than 14 days after the Comptroller General completes that report.

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 not be subject to expedited consideration or special 
procedures regarding amendment or debate unless the trade agreement 
meets the requirements described in subsection (b).
    (b) Requirements.--Each trade agreement negotiated between the 
United States and another country shall meet the following 
requirements:
            (1) Labor standards.--The labor provisions shall--
                    (A) be included in the core text of the agreement;
                    (B) require each country that is a party to the 
                agreement to adopt into domestic law and enforce 
                effectively core labor standards;
                    (C) 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;
                    (D) strengthen the capacity of each country that is 
                a party to the agreement to promote and enforce core 
                labor standards;
                    (E)(i) establish a commission composed of 11 
                representatives specializing in international and 
                comparative labor rights of which five shall be 
                representatives of independent labor unions of 
                countries who are parties to the agreement and two 
                shall be academic researchers;
                    (ii) provide the commission with sufficient 
                resources and staff to rigorously and continuously 
                carry out its functions;
                    (iii) vest the commission with authority to 
                establish specific indicators of compliance with the 
                obligations set forth in subparagraphs (B), (C), and 
                (D);
                    (iv) vest the commission with authority to operate 
                with the rights of a Party in the agreement's dispute 
                resolution system--
                            (I) initiate complaints in an agreement's 
                        dispute settlement system under expedited 
                        procedures included in section 4(11) with 
                        respect to violations of the obligations set 
                        forth in subparagraphs (B), (C), and (D) thus 
                        ensuring that labor standards violations are 
                        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;
                            (II) conduct investigations and hearings on 
                        such complaints which shall be considered by 
                        the agreement's disputes settlement tribunal on 
                        equal standing with submissions of the involved 
                        country or countries;
                            (III) select the two panelists with labor 
                        rights expertise one of whom shall be selected 
                        by the union members of the commission who 
                        shall serve on the three-person dispute 
                        resolution tribunal hearing any case initiated 
                        by the commission under subparagraph (I);
                            (IV) review and comment on the dispute 
                        resolution panel's preliminary ruling with 
                        transmission of the preliminary ruling to the 
                        commission to occur simultaneously with 
                        transmission of the preliminary ruling to the 
                        country or countries involved;
                            (V) be treated with the status of a Party 
                        to the dispute throughout all subsequent 
                        procedures of appeal, enforcement action, or 
                        sanction arbitration so as to ensure a 
                        country's compliance with the obligations set 
                        forth in subparagraphs (B), (C), and (D) or the 
                        imposition of penalties of sufficient magnitude 
                        to ensure full and immediate compliance with 
                        the obligations set forth in subparagraphs (B), 
                        (C), and (D) and as appropriate incremental 
                        reductions in trade penalties as benchmarks are 
                        achieved; and
                            (VI) any subsequent appeal or sanction 
                        arbitration panel shall be comprised with 
                        minimally two panelists with labor rights 
                        expertise;
                    (v) vest the commission with authority to set 
                benchmarks for increasing compliance with such 
                obligations; and
                    (vi) verify that benchmarks have in fact been 
                achieved; and
                    (F) require any country that is a party to the 
                agreement to--
                            (i) cooperate fully with investigations by 
                        the commission required under subparagraph (E);
                            (ii) ensure full access by the commission 
                        to workplaces and government agencies 
                        responsible for enforcement of labor rights and 
                        standards;
                            (iii) ensure that commission personnel are 
                        able to conduct confidential interviews with 
                        workers, managers, and government officials;
                            (iv) ensure full access by the commission 
                        to relevant documents of employers and 
                        government agencies; and
                            (v) ensure that workers who seek to enforce 
                        obligations described in this paragraph are 
                        protected against reprisal by employers.
            (2) Environmental and public safety standards.--The 
        environmental provisions shall--
                    (A) be included in the text of the agreement;
                    (B) prohibit each country that is a party to the 
                agreement from weakening, eliminating, or failing to 
                enforce domestic environmental or other public interest 
                standards to promote trade or attract investment;
                    (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;
                    (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;
                    (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; and
                    (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.
            (3) Food and product health and safety standards.--If the 
        agreement contains health and safety standards for food and 
        other products, the agreement shall--
                    (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;
                    (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 standards with respect to health and 
                safety, inspections, packaging, and labeling;
                    (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;
                    (D) authorize the Commissioner of the Food and Drug 
                Administration and the Consumer Product Safety 
                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;
                    (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;
                    (F) provide a process by which producers from 
                countries whose standards are not found by the 
                Commissioner or the Commission to meet U.S. standards 
                may have specific facilities inspected and certified so 
                as to allow products from approved facilities to be 
                imported into the United States;
                    (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; and
                    (H) establish mandatory end-use labeling of imports 
                of milk protein concentrates.
            (4) Services provisions.--If the agreement contains 
        provisions related to the provision of services, such 
        provisions shall--
                    (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;
                    (B)(i) require each country that is a party to the 
                agreement to establish a positive list of each service 
                sector that will be subject to the obligations of the 
                country under the agreement; and
                    (ii) apply the agreement only to the service 
                sectors that are on the list described in clause (i);
                    (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;
                    (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 environmental, land use, safety, privacy, 
                transparency, professional qualification, and consumer 
                access laws and regulations;
                    (E) require that services provided to consumers in 
                the United States, such as medical and financial 
                services, 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;
                    (F) not require the privatization of public 
                services in any country that is a party to the 
                agreement or the deregulation of a service, including 
                services related to national security, Social Security, 
                health, public safety, education, water, sanitation, 
                other utilities, ports, or transportation;
                    (G) not subject local governments to the service 
                sector obligations under the agreement; and
                    (H) not include provisions with respect to 
                immigration or the movement of natural persons.
            (5) Investment provisions.--If the agreement contains 
        provisions related to investment, such provisions shall--
                    (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;
                    (B) allow each such country to place prudential 
                restrictions on speculative capital to reduce global 
                financial instability and trade volatility;
                    (C) not be subject to an investor-state dispute 
                settlement mechanism under the agreement;
                    (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;
                    (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;
                    (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;
                    (G) define the term ``investor'' to mean only a 
                person who makes a commitment or acquisition described 
                in subparagraph (F);
                    (H) define the term ``direct expropriation'' as 
                government actions that do not merely diminish the 
                value of property but destroy all value of the property 
                permanently;
                    (I) not provide a dispute resolution system under 
                the agreement with regard to 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; and
                    (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.
            (6) Procurement standards.--If the agreement contains 
        government procurement provisions, such provisions shall--
                    (A) require each country that is a party to the 
                agreement to establish a positive list of industry 
                sectors, goods, or services that will be subject to the 
                obligations of the country under the agreement;
                    (B) with respect to the United States, apply only 
                to State 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; and
                    (C) include only technical specifications for goods 
                or services, or supplier qualifications or other 
                conditions for receiving government contracts that do 
                not undermine--
                            (i) prevailing wage policies;
                            (ii) recycled content policies;
                            (iii) sustainable harvest policies;
                            (iv) renewable energy policies;
                            (v) human rights; or
                            (vi) labor project agreements.
            (7) Intellectual property requirements.--If the agreement 
        contains provisions related to the protection of intellectual 
        property rights, such provisions shall--
                    (A) promote adequate and effective protection of 
                intellectual property rights;
                    (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, particularly the 
                flexibilities and rights relating to the promotion of 
                access to medicines and the issuance of compulsory 
                licenses on grounds determined by member states;
                    (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; and
                    (D) ensure that the access of the public to 
                essential medicines and to technologies critical to 
                preventing climate change is not obstructed by any 
                provision of the agreement relating to the protection 
                of intellectual property rights.
            (8) Agricultural standards.--If the agreement contains 
        provisions related to agriculture, such provisions shall--
                    (A) ensure adequate and stable market returns for 
                farmers in each country that is a party to the 
                agreement;
                    (B) ensure adequate and affordable supplies of safe 
                food for consumers;
                    (C) 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;
                    (D) ensure fair treatment of farm laborers in each 
                such country;
                    (E) 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;
                    (F) 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, while ensuring that such 
                policies must not aid or abet, or otherwise contribute 
                to, or allow the dumping of agricultural commodities 
                onto world markets at below the cost of production;
                    (G) preserve any existing United States law 
                relating to antitrust and anticompetitive business 
                practices from being preempted or rendered ineffective 
                by the agreement; and
                    (H) not contain provisions that conflict with 
                agricultural policy established in United States law.
            (9) Trade remedies and safeguards.--If the agreement 
        contains trade remedy provisions, such provisions shall--
                    (A) preserve fully the ability of the United States 
                to enforce its trade laws, including antidumping and 
                countervailing duty laws and safeguard laws;
                    (B) not decrease the effectiveness of domestic and 
                international prohibitions on unfair trade, especially 
                prohibitions on dumping and subsidies, and domestic and 
                international safeguard provisions;
                    (C) establish mechanisms to address and remedy 
                market distortions that lead to dumping and 
                subsidization, including overcapacity, cartelization, 
                and market-access barriers through strong trade 
                agreement terms disciplining subsidies;
                    (D) 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;
                    (E) establish mechanisms among the parties to the 
                agreement to examine the trade consequences of 
                significant currency movements and to scrutinize 
                whether a party's currency is misaligned to promote a 
                competitive advantage in international trade; and
                    (F) if the currency of a country that is party to 
                the agreement is deliberately misaligned, establish 
                safeguard remedies that apply automatically to offset 
                substantial and sustained currency movements.
            (10) Rules of origin provisions.--If the agreement contains 
        provisions related to rules of origin, such provisions shall--
                    (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; and
                    (B) ensure the effective enforcement of such 
                provisions.
            (11) Dispute resolution and enforcement provisions.--If the 
        agreement contains provisions related to dispute resolution, 
        such provisions shall--
                    (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;
                    (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;
                    (C) require an expedited process for all dispute 
                settlement panels and processes related to violations 
                of an agreement's labor and environmental obligations, 
                recognizing that environmental and labor rights and the 
                health, safety, and freedom of people and possibly 
                irreversible damage to the physical environment are 
                fundamentally different than property rights and thus 
                require establishment of more expeditious timelines, 
                together with the necessary resources for oversight and 
                enforcement; and
                    (D) 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.
            (12) Technical assistance.--If the agreement contains 
        technical assistance provisions, such provisions shall--
                    (A) be designed to raise standards in developing 
                countries by providing assistance that ensures respect 
                for diversity of development paths;
                    (B) be designed to empower civil society and 
                democratic governments to create sustainable, vibrant 
                economies and respect basic rights;
                    (C) provide that technical assistance shall not be 
                a substitute for nor supplant economic assistance; and
                    (D) not promote the exportation of goods produced 
                with the exploitation of labor or unsustainable 
                environmental practices.
            (13) Exceptions for national security and other reasons.--
        Each agreement shall--
                    (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;
                    (B) explicitly state that if a country invokes the 
                essential security exception in a dispute settlement 
                proceeding, the dispute settlement body hearing the 
                matter shall find that the exception applies;
                    (C) include a provision that gives priority to the 
                implementation of bilateral or multilateral agreements 
                relating to public health, human and labor rights, the 
                environment, or other public interest goals in the 
                event of any inconsistency between a trade agreement 
                and such bilateral or multilateral agreement; and
                    (D) 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.''.
            (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.
            (15) Taxation.--Each agreement shall provide for tax equity 
        for U.S. producers and U.S. exporters, including by forbidding 
        taxation at the border on U.S. exports in excess of taxes 
        applied at the border by the United States to imports from 
        parties and/or banning the rebate of taxes on exports in 
        amounts in excess of any taxes rebated by the United States.

SEC. 5. RENEGOTIATION OF EXISTING TRADE AGREEMENTS.

    The President shall submit to Congress a plan for renegotiating 
each trade agreement that is in effect on the date of the enactment of 
this Act to bring the trade agreement into compliance with the 
requirements of section 4(b) not later than 90 days before the earlier 
of the day on which the President--
            (1) initiates negotiations with a foreign country with 
        respect to a new trade agreement; or
            (2) submits a bill to Congress to implement a trade 
        agreement.

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

    (a) Establishment.--There is established a Congressional Trade 
Agreement Review Committee.
    (b) Functions.--The Committee--
            (1) shall receive the report of the Comptroller General of 
        the United States required under section 3;
            (2) shall review the plan for renegotiation of trade 
        agreements submitted by the President under section 5; and
            (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.
    (c) Appointment and Membership.--The Committee shall be composed of 
the chair and ranking members of the following:
            (1) The Committee on Agriculture of the House of 
        Representatives.
            (2) The Committee on Education and Labor of the House of 
        Representatives.
            (3) The Committee on Energy and Commerce of the House of 
        Representatives.
            (4) The Committee on Financial Services of the House of 
        Representatives.
            (5) The Committee on Foreign Affairs of the House of 
        Representatives.
            (6) The Committee on the Judiciary of the House of 
        Representatives.
            (7) The Committee on Natural Resources of the House of 
        Representatives.
            (8) The Committee on Small Business of the House of 
        Representatives.
            (9) The Committee on Transportation and Infrastructure of 
        the House of Representatives.
            (10) The Committee on Ways and Means of the House of 
        Representatives.
            (11) The Committee on Agriculture, Nutrition, and Forestry 
        of the Senate.
            (12) The Committee on Banking, Housing, and Urban Affairs 
        of the Senate.
            (13) The Committee on Commerce, Science, and Transportation 
        of the Senate.
            (14) The Committee on Energy and Natural Resources of the 
        Senate.
            (15) The Committee on Environment and Public Works of the 
        Senate.
            (16) The Committee on Finance of the Senate.
            (17) The Committee on Foreign Relations of the Senate.
            (18) The Committee on Health, Education, Labor, and 
        Pensions of the Senate.
            (19) The Committee on the Judiciary of the Senate.
            (20) The Committee on Small Business and Entrepreneurship 
        of the Senate.

SEC. 7. SENSE OF CONGRESS ON REQUIREMENTS FOR TRADE AGREEMENTS.

    (a) In General.--It is the sense of Congress that the requirements 
described in subsection (b) shall apply to any trade agreement that--
            (1) is in effect with respect to the United States on the 
        date of the enactment of this Act; or
            (2) enters into force with respect to the United States on 
        or after such date of enactment.
    (b) Requirements With Respect to Trade Agreements.--The 
requirements described in this subsection are the following:
            (1) The trade agreement shall result in the creation of 
        jobs in the United States, increased wages, and a reduction of 
        the trade deficit by providing fair and transparent market 
        access while preserving the ability of the United States--
                    (A) to enforce domestic trade laws; and
                    (B) to address the negative impacts of currency 
                manipulation, financial instability, and high debt 
                burdens on United States trade relationships.
            (2) The trade agreement shall preserve the ability of the 
        United States and the government of any country that is a party 
        to the agreement to foster and secure economic, social, and 
        human development so that the people of the United States can 
        benefit from--
                    (A) strong environmental, labor, health, and safety 
                laws; and
                    (B) economic development policies designed to 
                increase job availability and stable industries, 
                revitalize the manufacturing base in the United States, 
                and bring economic opportunity to communities hard hit 
                by past trade policies.
            (3) The trade agreement shall create a predictable 
        structure for international trade without providing foreign 
        investors with overreaching privileges and rights of private 
        enforcement that distort investment decisions.
            (4) The trade agreement shall enable Federal, State, and 
        local governments--
                    (A) to regulate in the public interest;
                    (B) to develop procurement policies that create and 
                maintain good jobs;
                    (C) to promote economic opportunity and development 
                and achieve other legitimate social goals; and
                    (D) to provide high-quality public services and 
                regulate all essential services to protect the public 
                interest.
            (5) The trade agreement shall ensure that products imported 
        into the United States, including food, meet U.S. safety 
        standards, are thoroughly inspected, and accurately labeled.
            (6) The trade agreement shall enable the public to 
        participate meaningfully in the decisions of the Federal 
        Government relating to trade, based on a process that is open, 
        democratic, and fair.
            (7) The trade agreement shall specifically provide that the 
        trade agreement does not allow for the preemption of the 
        federalist system of the United States with respect to issues 
        of State and local policy that are not related to international 
        trade.
            (8) The trade agreement shall reflect the interests of the 
        United States in preserving family farms and using best 
        available management practices.
            (9) The trade agreement shall promote the ability of 
        farmers to earn a fair price for their products, including by 
        prohibiting export subsidies, cartels, and other 
        anticompetitive practices and promoting inventory management to 
        stabilize price volatility and to counter the oversupply 
        problems that lead to dumping and depressed prices.
            (10) The trade agreement shall explicitly incorporate in 
        the core text of the agreement a requirement to adopt into 
        domestic law and effectively enforce core labor standards.
            (11) The trade agreement shall--
                    (A) allow any country that is a party to the 
                agreement to follow environmental, health, and safety 
                standards adopted in reliance on the precautionary 
                principle, recognizing the legitimate rights of 
                governments to protect public health, safety, and the 
                environment;
                    (B) incorporate requirements to adopt into domestic 
                law and enforce the major multilateral environmental 
                agreements, which comprise the global consensus on 
                basic environmental protection; and
                    (C) prohibit the importation of any goods that are 
                illegally harvested natural resources or products, or 
                that are otherwise environmentally sensitive into the 
                United States, and consider specific measures to enable 
                customs agencies in all countries that are parties to 
                the agreement, to meaningfully enforce those 
                prohibitions, based in the principle that open trade 
                does not mean illegal trade.
            (12) The trade agreement shall--
                    (A) provide that failures to meet the labor and 
                environmental standards required by the agreement are 
                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; and
                    (B) ensure the availability of the resources 
                necessary for oversight and enforcement of the labor, 
                environmental, and intellectual property standards in 
                the agreement.
            (13) The trade agreement shall establish that, if the 
        regulatory standards of the countries that are parties to the 
        agreement need to be harmonized to facilitate trade, the 
        harmonization shall be based on standards that are no less 
        stringent than the standards of the United States.

SEC. 8. SENSE OF CONGRESS ON IMPROVING THE PROCESS FOR UNITED STATES 
              TRADE NEGOTIATIONS.

    (a) 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--
            (1) readiness criteria for the President to use in 
        determining whether a country--
                    (A) is able to meet its obligations under a trade 
                agreement;
                    (B) meets the requirements described in section 
                3(c); and
                    (C) is an appropriate country with which to enter 
                into a trade agreement;
            (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;
            (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;
            (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);
            (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;
            (6) a process--
                    (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; and
                    (B) that prevents a State from being bound by the 
                provisions described in subparagraph (A) if the State 
                has not consented; and
            (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.
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