1.This Act may be cited as the
Trade Reform, Accountability,
Development, and Employment Act of 2008
or the
TRADE Act of
2008
.
2.In this Act:
(1)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 agreementsThe 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)
(A)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)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.
3.Review and
report on existing trade agreements
(a)
(1)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)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 agreementsThe 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 agreementsWith 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)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)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)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)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.
4.Inclusion of
certain provisions in trade agreements
(a)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)Each trade agreement negotiated between the
United States and another country shall meet the following requirements:
(1)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 standardsThe 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 standardsIf 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)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)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)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 requirementsIf 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)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 safeguardsIf 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 provisionsIf 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 provisionsIf 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)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 reasonsEach 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)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)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)
(1)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)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
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.
5.Renegotiation
plan for existing trade agreementsThe 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.
6.Establishment of
congressional trade agreement review committee
(a)There is established a Congressional Trade
Agreement Review Committee.
(b)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
membershipThe 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.
7.Sense of
Congress regarding readiness criteria and improving the process for United
States trade negotiationsIt
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.