[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3083 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3083

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 4, 2008

 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 Finance

_______________________________________________________________________

                                 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 Senate 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 following:
                            (i) The United States-Australia Free Trade 
                        Agreement.
                            (ii) The United States-Morocco Free Trade 
                        Agreement.
                            (iii) The United States-Singapore Free 
                        Trade Agreement.
                            (iv) The United States-Chile Free Trade 
                        Agreement Implementation Act.
                            (v) The North American Free Trade 
                        Agreement.
                            (vi) The Agreement between the United 
                        States of America and the Hashemite Kingdom of 
                        Jordan on the Establishment of a Free Trade 
                        Area.
                            (vii) The Dominican Republic-Central 
                        America-United States Free Trade Agreement 
                        Implementation Act.
                            (viii) The United States-Bahrain Free Trade 
                        Agreement Implementation Act.
                            (ix) The United States-Oman Free Trade 
                        Agreement Implementation Act.
                            (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.
                            (xi) The United States-Peru Trade Promotion 
                        Agreement.
                    (B) Uruguay round agreements.--The term ``trade 
                agreement'' includes the following Uruguay Round 
                Agreements:
                            (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) 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.

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

    (a) Review and Report.--
            (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.
            (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.
    (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:
            (1) An analysis of indicators of the economic impact of 
        each trade agreement, such as--
                    (A) the dollar value of goods exported from the 
                United States and imported into the United States by 
                sector and year;
                    (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; and
                    (C) the rate of production, number of employees, 
                and competitive position of industries in the United 
                States significantly affected by the agreement.
            (2) A trend analysis of wage levels on a year-to-year basis 
        in--
                    (A) each country with which the United States has a 
                trade agreement described in section 2(3)(A);
                    (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;
                    (C) each country with which the United States has 
                considered establishing a free trade agreement, 
                including South Africa and Thailand; and
                    (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.).
            (3) The effect on agriculture, including--
                    (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);
                    (B) an analysis of the effects, if any, on the cost 
                of farm programs in the United States; and
                    (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.
            (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).
            (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.
            (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--
                    (A) complying with the customs laws of the United 
                States;
                    (B) making timely payment of duties owed on goods 
                imported into the United States;
                    (C) meeting safety and inspection requirements with 
                respect to food and other products imported into the 
                United States; and
                    (D) complying with prohibitions on the 
                transshipment of goods that are ultimately imported 
                into the United States.
            (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.
            (8) An assessment of the impact of the intellectual 
        property provisions of the trade agreements listed in section 
        2(3) on access to medicines.
            (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).
            (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.
    (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--
            (1) has a democratic form of government;
            (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;
            (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;
            (10) provides for governmental transparency, due process of 
        law, and respect for international agreements;
            (11) provides procedures to promote basic democratic 
        rights, including the right to hold clear title to property and 
        the right to a free press; and
            (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.
    (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.
    (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 2 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 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 be subject to a point of order pursuant to subsection 
(c) 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 text of the agreement;
                    (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;
                    (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;
                    (D) require each country that is a party to the 
                agreement to adopt into domestic law and enforce 
                effectively core labor standards;
                    (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;
                    (F) strengthen the capacity of each country that is 
                a party to the agreement to promote and enforce core 
                labor standards; and
                    (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).
            (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 safety 
                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 health and safety standards with respect 
                to health and safety, inspection, 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 (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;
                    (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 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;
                    (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 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;
                    (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; 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 privacy, transparency, professional 
                qualification, and consumer access laws and 
                regulations;
                    (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;
                    (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;
                    (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; and
                    (H) provide for local governments to operate 
                without being subject to market access obligations 
                under the agreement.
            (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 reasonable 
                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 rather than dispute resolution between the 
                government that took the action and the 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 action that does not merely diminish the 
                value of property but destroys all value of the 
                property permanently;
                    (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; 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 list of industry sectors, 
                goods, or services that will be subject to the national 
                treatment and other obligations of the country under 
                the agreement;
                    (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; 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; and
                    (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.
            (8) Agricultural standards.--If the agreement contains 
        provisions related to agriculture, such provisions shall--
                    (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;
                    (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;
                    (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;
                    (D) ensure adequate supplies of safe food for 
                consumers;
                    (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; and
                    (F) ensure fair treatment of farm laborers in each 
                such country.
            (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) ensure the continued effectiveness of domestic 
                and international prohibitions on unfair trade, 
                especially prohibitions on dumping and subsidies, and 
                domestic and international safeguard provisions;
                    (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; and
                    (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.
            (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; and
                    (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.
            (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 
                supplant economic assistance; and
                    (D) promote the exportation of goods produced with 
                methods that support sustainable natural resources.
            (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; and
                    (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.''.
            (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.
    (c) Point of Order in Senate.--The Senate shall cease consideration 
of a bill to implement a trade agreement if--
            (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); and
            (2) the point of order is sustained by the Presiding 
        Officer.
    (d) Waivers and Appeals.--
            (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.
            (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.
            (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.

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--
            (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 bringing trade agreements 
        into compliance with the requirements of section 4(b); 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 chairman and ranking members of the following:
            (1) The Committee on Agriculture, Nutrition, and Forestry 
        of the Senate.
            (2) The Committee on Banking, Housing, and Urban Affairs of 
        the Senate.
            (3) The Committee on Commerce, Science, and Transportation 
        of the Senate.
            (4) The Committee on Energy and Natural Resources of the 
        Senate.
            (5) The Committee on Environment and Public Works of the 
        Senate.
            (6) The Committee on Finance of the Senate.
            (7) The Committee on Foreign Relations of the Senate.
            (8) The Committee on Health, Education, Labor, and Pensions 
        of the Senate.
            (9) The Committee on the Judiciary of the Senate.
            (10) The Committee on Small Business and Entrepreneurship 
        of the Senate.
            (11) The Committee on Agriculture of the House of 
        Representatives.
            (12) The Committee on Education and Labor of the House of 
        Representatives.
            (13) The Committee on Energy and Commerce of the House of 
        Representatives.
            (14) The Committee on Financial Services of the House of 
        Representatives.
            (15) The Committee on Foreign Affairs of the House of 
        Representatives.
            (16) The Committee on the Judiciary of the House of 
        Representatives.
            (17) The Committee on Natural Resources of the House of 
        Representatives.
            (18) The Committee on Small Business of the House of 
        Representatives.
            (19) The Committee on Transportation and Infrastructure of 
        the House of Representatives.
            (20) The Committee on Ways and Means of the House of 
        Representatives.

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--
            (1) 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.
                                 <all>