[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.
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