1.This Act may be cited as the
Trade Reform, Accountability,
Development, and Employment Act of 2009
or the
TRADE Act of
2009
.
2.In this Act:
(1)The term core labor rights 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)Major U.S.
trading partnersThe term major U.S. trading
partners means the top 10 countries that represent the largest trade in
dollar value of imports into the United States and exports from the United
States, excluding petroleum and petroleum products, based on data compiled by
the Department of Commerce for the most recent 12-month period preceding the
date of the enactment of this Act.
(3)Multilateral
environmental agreementThe term multilateral environmental
agreement 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.
(4)The
term State means each of the several States, the District of
Columbia, and any commonwealth, territory, or possession of the United
States.
(5)
(A)The term trade agreement includes the
following:
(i)The North American Free Trade
Agreement.
(ii)The Agreement between the United States of
America and the Hashemite Kingdom of Jordan on the Establishment of a Free
Trade Area.
(iii)The Dominican Republic-Central
America-United States Free Trade Agreement.
(B)The term trade agreement includes the
following agreements resulting from the Uruguay Round of Multilateral trade
negotiations:
(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)Each of 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 under the auspices of the World Trade Organization
dealing with information technology, telecommunications, or financial
services.
(6)The term trade agreement country means a
country that is—
(A)a party to an
agreement described in paragraph (5)(A); or
(B)a major U.S.
trading partner that is a party to an agreement described in paragraph
(5)(B).
(7)The term TRIPS Agreement means the
Agreement on Trade-Related Aspects of Intellectual Property Rights described in
section 101(d)(15) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(5)).
(8)The term World Trade Organization means
the organization established pursuant to the WTO Agreement.
3.Review and
report on existing trade agreements
(a)
(1)Not later than June
30, 2011, the Comptroller General of the United States shall conduct a review,
and submit a report to the Committee on Finance of the Senate and the Committee
on Ways and Means of the House of Representatives, with respect to each trade
agreement described in section 2(5)(A) and each trade agreement described in
section 2(5)(B) to the extent such agreement is in effect with respect to a
major U.S. trading partner. The report shall include an evaluation of the
economic, employment, environmental, national security, health, safety, and
other effects of each such agreement.
(2)The Secretaries of State, Agriculture, Commerce, Labor,
and the Treasury, and the heads of other executive departments and agencies
shall cooperate with the Comptroller General in providing access to officials
and documents to facilitate the 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
subsection (a), to the extent practicable, 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, including the
following:
(A)The dollar value
of goods exported from the United States and imported for consumption into the
United States by sector, year, and trade agreement country, including a list of
those goods for which there has been a change in 10 percent or more in
bilateral trade with each such country.
(B)The employment
effects of the agreement, including 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 the employment effects of the agreement in each trade agreement
country.
(C)The share of
global production, productive capacity, investment, exports, employment, and
other indicators of the competitive position of industries in the United States
significantly affected by each such trade agreement, taking into account
changes in sourcing patterns before and after entry into force of the trade
agreement.
(2)The effect of
each trade agreement on agriculture, including—
(A)the trend on a
year-to-year basis of—
(i)the prices and
production volumes of agricultural commodities, food products, and ingredients
in the United States and in each trade agreement country;
(ii)the prices and
volumes of such commodities, products, and ingredients exported from the United
States to each such trade agreement country; and
(iii)the prices and
volumes of such commodities, products, and ingredients imported into the United
States from each such trade agreement country;
(B)the number of
farms operating in the United States detailed by farm typology and sales level
and the number of acres under production by crop used to produce agricultural
commodities that are exported from the United States to a country that is a
party to each agreement listed in section 2(5)(A) on a year-to-year basis;
and
(C)changes in United
States meat exports and the employment impacts of meat exports.
(3)An analysis of
the progress being made in implementing the commitments contained in each
agreement and the record of compliance with the terms of each agreement in
effect between the United States and a trade agreement country.
(4)A description of
any outstanding disputes between the United States and any trade agreement
country, including a description of laws, regulations, or policies of the
United States or any State that a trade agreement country has challenged, or
threatened to challenge, under a trade agreement.
(5)An analysis of
the ability of the United States to ensure that any trade agreement country
complies with laws and regulations of the United States, including—
(A)the customs laws
of the United States;
(B)laws relating to
the payment of duties on goods imported into the United States;
(C)health, safety,
and inspection requirements with respect to food and other products imported
into the United States; and
(D)prohibitions on
the transshipment of goods that are ultimately imported into the United
States.
(6)An analysis of
any privatization of public sector services in the United States and in each
trade agreement country if the service involved is covered by the investment,
financial services, or services provisions of a trade agreement. The analysis
shall include any effect privatization has on consumer access to essential
services, such as health care, electricity, gas, water, telephone service, or
other utilities.
(7)An assessment of
the impact the intellectual property provisions of each trade agreement has on
consumer access to pharmaceuticals and on the retail price of pharmaceuticals
in each trade agreement country and the effect, if any, that changes in the
price of pharmaceuticals have had on access by consumers to
pharmaceuticals.
(8)An analysis of
the impact of the government procurement provision of each trade agreement on
the procurement of goods and services by Federal and State agencies and by each
trade agreement country.
(9)An assessment of
the consequences of significant currency movements of each trade agreement
country and a determination of whether the currency of the country is
misaligned deliberately to promote a competitive advantage in international
trade for that country.
(c)Information on
countries that are parties to trade agreementsIn addition to the
information required by subsection (b), the report required under subsection
(a) shall include, with respect to each trade agreement country, information
regarding whether the country—
(1)has a democratic
form of government;
(2)has adopted into
domestic law and regulations the core labor rights and effectively enforces
those rights as reflected in reports of the Committee of Experts on the
Application of Conventions and Recommendations, the Conference Committee on the
Application of Standards, and the Committee on Freedom of Association of the
International Labour Organization;
(3)respects
fundamental human rights, as reflected in the annual Country Reports on Human
Rights Practices 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 and has
ratified the Convention on Combating Bribery of Foreign Public Officials in
International Business Transactions of the Organization for Economic
Cooperation and Development;
(7)complies with the
multilateral environmental agreements to which the country is a party;
(8)has in force
adequate 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)enforces the
rights and flexibilities of the TRIPS Agreement; and
(10)provides for
government transparency, due process of law, and respect for international
agreements.
(d)National
security analysisThe report required by subsection (a) shall
include with respect to each trade agreement country an assessment of the
country's transfer of technology, production, and services and an analysis of
whether the country poses a potential concern to the national security of the
United States.
(e)Each
report required under subsection (a) shall include recommendations of the
Comptroller General for addressing the problems identified under subsections
(b), (c), and (d) with respect to each trade agreement. The recommendations
shall include suggestions for renegotiating the agreement based on the
requirements described in section 4(b).
(f)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 each report.
(g)In preparing each report required under subsection (a),
the Comptroller General shall—
(1)hold hearings
that are open to the public; and
(2)provide an
opportunity for members of the public to testify and submit written
comments.
(h)Each report required under subsection (a) shall be
made available to the public not later than 14 days after the Comptroller
General completes the 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 between the United
States and another country with respect to which an implementing bill is
introduced on or after the date of the enactment of this Act shall meet the
following requirements:
(1)The labor provisions of the agreement shall—
(A)be included in
the core text of the agreement;
(B)require each
country that is a party to the agreement—
(i)to
adopt and maintain laws and regulations (including laws applicable to any
designated zone in the country) that establish core labor rights; and
(ii)to
effectively enforce laws relating to core labor rights and laws relating to
acceptable conditions of work (including laws relating 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, or offering to waive or otherwise derogate from, the country's laws and
regulations relating to the core labor rights and acceptable conditions of work
described in subparagraph (B);
(D)provide that
failures to meet the labor requirements of the agreement, regardless of the
effect that failure has on trade, shall be subject to the dispute resolution
and enforcement mechanisms and penalties of the agreement;
(E)provide that
enforcement mechanisms and penalties for failures described in subparagraph (D)
are included in the core text of the agreement and 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, protect,
and enforce core labor rights;
(G)require that each
country that is a party to the agreement have a national contact point for
every labor complaint, produce a report that addresses all the issues raised in
the complaint and include recommendations on all confirmed allegations,
including specific recommendations for employers directly or indirectly
implicated in the complaint; and
(H)require
that—
(i)there is a full
and expeditious remediation of all labor complaints; and
(ii)the remediation
plan is satisfactory to all parties and conforms to the findings and
recommendations of the national contact point described in subparagraph
(G).
(2)Environmental
and public safety standardsThe environmental provisions of the
agreement shall—
(A)be included in
the text of the agreement;
(B)prohibit each
country that is a party to the agreement from weakening, eliminating, or
failing to enforce domestic environmental or other public interest standards to
promote trade or attract investment;
(C)require each such
country to implement and enforce fully and effectively 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 laws and regulations for food and other products, the
agreement shall—
(A)establish that
food, feed, food ingredients, and other products relating to food may be
imported into the United States from a country that is a party to the agreement
only if such food and related products meet or exceed United States laws and
regulations 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 laws and regulations with respect
to health and safety, inspection, packaging, and labeling;
(C)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 regulatory system of that country 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;
(D)if the
Commissioner or the Commission determines that the regulatory system of 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, the agreement shall provide that the President may temporarily suspend
the importation into the United States of food and other products from that
country;
(E)provide a process
for inspecting and approving facilities in countries that the Commissioner or
the Commission have found do not meet United States laws and regulations with
respect to health and safety in order to allow products from approved
facilities to be imported into the United States; and
(F)if harmonization
of food or product health or safety laws and regulations is necessary to
facilitate trade, the agreement shall provide that such harmonization shall be
based on standards that are no less stringent than United States laws and
regulations.
(4)If the agreement contains provisions relating to
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;
(B)(i)provide that a service
is not subject to the agreement unless a country that is a party to the
agreement establishes a positive list of each service sector that will be
subject to the obligations of the country under the agreement; and
(ii)apply the agreement only to the
service sectors that are on the list described in clause (i);
(C)establish a
general exception to the market access obligations contained in the agreement
by allowing a country that is a party to the agreement to maintain or establish
a ban on services that the country considers harmful to public health or
safety, the environment, or public morals if the ban is applied to domestic and
foreign services and service providers equally;
(D)require service
providers in a country that is a party to the agreement that provide services
through a commercial presence in the United States to consumers in the United
States to comply with applicable United States environmental, land use, safety,
privacy, transparency, professional qualification, and consumer access laws and
regulations;
(E)require that
services provided to consumers in the United States that would be subject to
privacy laws and regulations in the United States may only be provided by
service providers in other countries if those countries have privacy
protections and protections regarding confidential information that are equal
to or exceed the protections provided by United States privacy laws and
regulations;
(F)provide that
privatization of public services in any country that is a party to the
agreement or the deregulation of a service is not required, including services
relating to national security, social security, health, public safety,
education, water, sanitation, other utilities, ports, or transportation;
and
(G)provide that local governments
are not subject to the service sector obligations under the agreement.
(5)If the agreement contains provisions relating 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)preserve the
ability of each country to place prudential restrictions on speculative capital
to promote financial stability;
(C)ensure that
foreign investors operating in the United States are not afforded greater
procedural or substantive rights under the trade agreement than those afforded
to domestic investors under the Constitution and laws of the United
States;
(D)ensure that the
adoption or application by any government of a nondiscriminatory measure
intended to serve a public purpose is not prohibited by the agreement and is
not a violation of the agreement;
(E)provide that the
term investment only means a commitment of capital or the
acquisition of real property as understood under the laws of the country that
is a party to the agreement and excludes the assumption of risk or expectation
of gain or profit;
(F)provide that the
term investor means only a person who makes a commitment or an
acquisition described in subparagraph (E);
(G)limit protections
against expropriations to direct expropriation of real property and provide
that direct expropriation
means government action that does not
merely diminish the value of real property but destroys all value of the real
property permanently; and
(H)define the
standard of minimum treatment to provide that foreign investors do not have
greater legal rights than United States citizens possess under the due process
clause of section 1 of the 14th Amendment to the Constitution.
(6)If the agreement contains government procurement
provisions, such provisions shall—
(A)provide that an
industry sector, goods, and services are not subject to an agreement unless a
country that is a party to the agreement establishes a positive list of
industry sectors, goods, and services that will be subject to the obligations
of the country under the agreement;
(B)with respect to
the United States, apply only to a State that specifically agrees to the
agreement and only to the industry sectors, goods, and services specifically
identified by the State government and shall 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)project labor
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, particularly the
flexibilities and rights relating to the promotion of access to medicines and
the issuance of compulsory licenses on grounds determined by member states;
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 relating to
agriculture, such provisions shall—
(A)protect the right
of each country that is a party to the agreement to establish policies with
respect to food and agriculture that allow for inventory management and
strategic food and renewable energy reserves, if 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 enforceability of those laws is neither preempted nor
compromised in any manner;
(D)ensure adequate
and affordable 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 agricultural commodities;
(F)ensure fair
treatment of farm laborers in each such country; and
(G)not conflict with
agricultural policy established in the laws of the United States.
(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 the trade laws of the United
States, 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)establish
mechanisms to address and remedy market distortions that lead to dumping and
subsidization, including overcapacity, cartelization, and market-access
barriers, by imposing strong sanctions against subsidies, including applying
countervailing duty laws in cases where exporters receive tax rebates for
indirect taxes upon export;
(D)allow the United
States to maintain adequate safeguards to ensure that surges of imported goods
do not result in economic burdens on workers, firms, or farmers in the United
States, including providing that such safeguards go into effect automatically
based on certain criteria;
(E)establish
mechanisms among the parties to the agreement to examine the trade consequences
of significant currency movements and to scrutinize whether a country's
currency is misaligned in order to promote a competitive advantage in
international trade; and
(F)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)Dispute
resolution and enforcement provisionsIf the agreement contains
provisions relating to dispute resolution, such provisions shall—
(A)incorporate the
due process protections of the Constitution, as well as provisions relating to
access to documents, open hearings, transparency, and fair and impartial
tribunals;
(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 the issues that are the subject
of the dispute; 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
relating to disputes.
(11)If the agreement contains technical assistance
provisions, such provisions shall—
(A)be designed to
raise standards in developing countries by providing assistance in a manner
that ensures diversity of development;
(B)be designed to
empower civil society and democratic governments to create sustainable, vibrant
economies and respect basic rights; and
(C)not supplant
economic assistance or promote the exportation of goods produced with the
exploitation of labor or methods that support unsustainable natural
resources.
(12)Exceptions for
national security and other reasonsEach agreement shall—
(A)include an
essential security exception to the provisions of the agreement 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 essential security interests;
(B)explicitly state
that if a country invokes the essential security exception in a dispute
settlement proceeding relating to any matter other than compliance with the
agreement's worker rights, environment, human rights, health, or safety
provisions, the dispute settlement body hearing the matter shall find that the
exception applies;
(C)include 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, 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 a principal purpose of the law is to
discriminate with respect to market access.”; and
(D)include a
provision that gives priority to the implementation of bilateral or
multilateral agreements relating to public health, human and labor rights, the
environment, or other public interest goals in the event of any inconsistency
between the trade agreement and such bilateral or multilateral
agreement.
(13)The
trade agreement may only require a State government in the United States to
comply with procurement, investment, or services provisions contained in the
trade 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 introduced on or after the date of enactment of
this Act 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 of
existing trade agreementsThe
President shall submit to Congress a plan for renegotiating each trade
agreement that is in effect on the date of the enactment of this Act to bring
the trade agreement into compliance with the requirements of section 4(b) not
later than 90 days before the earlier of the day on which the President—
(1)initiates negotiations with a foreign
country with respect to a new trade agreement; or
(2)submits a bill to Congress to implement a
trade agreement.
6.Sense of
Congress on 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 willing and
able to meet the requirements described in section 4(b);
(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.