[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3347 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3347

To require reports on countries with which the United States negotiates 
 trade agreements, to establish terms for future trade agreements, and 
    to enhance the promotion of exports of United States goods and 
                   services, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 27, 2012

 Mr. Brown of Ohio introduced the following bill; which was read twice 
                and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To require reports on countries with which the United States negotiates 
 trade agreements, to establish terms for future trade agreements, and 
    to enhance the promotion of exports of United States goods and 
                   services, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``21st Century Trade 
Agreements and Market Access Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Report by the President on foreign countries with which the 
                            United States conducts trade negotiations.
Sec. 4. Market access assessment by the United States International 
                            Trade Commission of foreign countries with 
                            which the United States conducts trade 
                            negotiations.
Sec. 5. Report by United States Trade Representative on market access 
                            commitments under trade agreements.
Sec. 6. Sense of Congress on improving process for United States trade 
                            negotiations.
Sec. 7. Inclusion of certain provisions in trade agreements.
Sec. 8. Improved coordination of export promotion activities of Federal 
                            agencies by the Trade Promotion 
                            Coordinating Committee.
Sec. 9. Effective deployment of resources of the United States and 
                            Foreign Commercial Service.
Sec. 10. Strengthened commercial diplomacy to increase United States 
                            exports.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Finance of the Senate and the Committee on Ways and Means of 
        the House of Representatives.
            (2) Core labor rights.--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.
            (3) Multilateral environmental agreement.--The term 
        ``multilateral environmental agreement'' means any 
        international agreement or provision thereof to which the 
        United States is a party and that is intended to protect, or 
        has the effect of protecting, the environment or human health.
            (4) State.--The term ``State'' means each of the several 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
            (5) TRIPS agreement.--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)).

SEC. 3. REPORT BY THE PRESIDENT ON FOREIGN COUNTRIES WITH WHICH THE 
              UNITED STATES CONDUCTS TRADE NEGOTIATIONS.

    (a) In General.--Not later than 45 days before the President 
initiates negotiations for a trade agreement with a foreign country, 
the President shall submit to the appropriate congressional committees 
and make available to the public a report on the foreign country that 
includes--
            (1) an assessment of whether the foreign country--
                    (A) has a democratic form of government;
                    (B) 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;
                    (C) respects fundamental human rights, as reflected 
                in the annual Country Reports on Human Rights Practices 
                of the Department of State;
                    (D) 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));
                    (E) 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);
                    (F) complies with the multilateral environmental 
                agreements to which the foreign country is a party;
                    (G) 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;
                    (H) enforces the rights and flexibilities provided 
                under the TRIPS Agreement; and
                    (I) provides for government transparency, due 
                process of law, and respect for international 
                agreements;
            (2) an assessment of whether the government of the foreign 
        country or persons in the foreign country transfer sensitive 
        technology or products or provide services to other countries 
        or persons in a manner that poses a threat to the national 
        security of the United States; and
            (3) a certification by the President that, in the 10-year 
        period preceding the submission of the report, the government 
        of the foreign country has not intervened in or engaged in the 
        manipulation of the rate of exchange between the currency of 
        the foreign country and the United States dollar in a manner 
        that helps the foreign country gain an unfair competitive 
        advantage.
    (b) Report on Ongoing Negotiations.--Not later than 30 days after 
the date of the enactment of this Act, the President shall submit to 
the appropriate congressional committees and make available to the 
public a report on each foreign country with which negotiations for a 
trade agreement are ongoing on such date of enactment that includes the 
matters required to be included in the report under subsection (a) with 
respect to that foreign country.
    (c) Form of Report.--Each report required under subsection (a) or 
(b) shall be submitted in unclassified form, but may contain a 
classified annex if necessary.

SEC. 4. MARKET ACCESS ASSESSMENT BY THE UNITED STATES INTERNATIONAL 
              TRADE COMMISSION OF FOREIGN COUNTRIES WITH WHICH THE 
              UNITED STATES CONDUCTS TRADE NEGOTIATIONS.

    (a) In General.--Not later than 45 days before the President 
initiates negotiations for a trade agreement with a foreign country 
under which the duty on any product imported into the United States 
from the foreign country will be modified, the United States 
International Trade Commission (in this section referred to as the 
``Commission'') shall submit to the United States Trade Representative, 
the Secretary of Commerce, the appropriate congressional committees, 
and make available to the public, a report on opportunities and 
challenges relating to market access arising from the trade agreement 
that includes--
            (1) an identification and assessment of the tariff and 
        nontariff barriers, policies, and practices of the government 
        of the foreign country with respect to United States exports to 
        the foreign country of any product identified by producers in 
        the United States as having the same physical characteristics 
        and uses as the product for which the duty will be modified;
            (2) an assessment of the expected opportunities for exports 
        of that product from the United States to the foreign country 
        if the tariff and nontariff barriers, policies, and practices 
        identified under paragraph (1) are eliminated; and
            (3) an estimate of the per capita and median income of the 
        foreign country and the population of the foreign country.
    (b) Report on Ongoing Negotiations.--Not later than 30 days after 
the date of the enactment of this Act, the Commission shall submit to 
the United States Trade Representative, the Secretary of Commerce, the 
appropriate congressional committees, and make available to the public, 
a report on each foreign country with which negotiations for a trade 
agreement are ongoing on such date of enactment that includes the 
matters required to be included in the report under subsection (a) with 
respect to that foreign country.
    (c) Consultations.--In developing each report required by 
subsection (a) or (b) with respect to a product for which a duty will 
be modified pursuant to a trade agreement, the Commission shall, as 
appropriate, consult with and seek to obtain relevant documentation 
from producers in the United States of--
            (1) products with the same physical characteristics and 
        uses as the product for which the duty will be modified; and
            (2) components for products described in paragraph (1).

SEC. 5. REPORT BY UNITED STATES TRADE REPRESENTATIVE ON MARKET ACCESS 
              COMMITMENTS UNDER TRADE AGREEMENTS.

    Not later than 75 days after the date on a trade agreement enters 
into force with respect to the United States, and March 15 of each year 
thereafter, the United States Trade Representative shall submit to the 
appropriate congressional committees and make available to the public a 
report that, with respect to each foreign country that is a party to 
the trade agreement--
            (1) describes the market access commitments made by the 
        foreign country under the trade agreement;
            (2) identifies from among those commitments--
                    (A) any commitments that are undermined by 
                discriminatory measures imposed by the government of 
                the foreign country;
                    (B) the commitments likely to have the most 
                significant potential to increase United States 
                economic growth;
                    (C) any commitments that have the potential to have 
                a negative impact on the maintenance and creation of 
                jobs, decent wages, and productive capacity in the 
                United States; and
                    (D) the commitments that have the potential to most 
                increase the enforcement of core labor rights in the 
                foreign country;
            (3) describes the actions taken by the government of the 
        foreign country to comply with the commitments described in 
        paragraph (1);
            (4) identifies any commitments described in paragraph (1) 
        that the government of the foreign country is not implementing 
        or making progress toward implementing in a timely or effective 
        manner; and
            (5) describes any actions taken by the Trade Representative 
        to obtain the full compliance of the government of the foreign 
        country with each commitment described in paragraph (4).

SEC. 6. SENSE OF CONGRESS ON IMPROVING PROCESS FOR UNITED STATES TRADE 
              NEGOTIATIONS.

    It is the sense of Congress that if Congress considers legislation 
to provide for expedited procedures for the consideration of bills to 
implement trade agreements, that legislation should include--
            (1) criteria for the President to use--
                    (A) in determining whether a foreign country with 
                which the United States is negotiating a trade 
                agreement--
                            (i) will be able to meet its obligations 
                        under the trade agreement; and
                            (ii) provides, or will provide, 
                        opportunities for exports from the United 
                        States that country of products that have the 
                        same physical characteristics and uses as 
                        products imported into the United States from 
                        the country for which the duty will be modified 
                        under the trade agreement;
                    (B) in making the assessments and certifications 
                required by sections 3 and 4;
            (2) a process by which the appropriate congressional 
        committees review and verify the determinations of the 
        President described in paragraph (1);
            (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 provisions described in section 7;
            (5) a requirement that the President submit to the 
        appropriate congressional committees, at the time the President 
        seeks the approval of Congress to enter into a trade agreement, 
        an assessment of each negotiating objective and requirement 
        described in paragraph (4) and whether or not the President has 
        met that objective or requirement;
            (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.

SEC. 7. 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 a foreign 
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 between the United States 
and a foreign 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) Labor standards.--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 
                of such failures 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 each country that is a party to the 
                agreement--
                            (i) to have a national contact point for 
                        every labor complaint; and
                            (ii) to produce a report that addresses all 
                        the issues raised in each such complaint and 
                        includes 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 standards.--The 
        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 safety 
                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 standards.--If the 
        agreement contains provisions relating to health and safety 
        standards or labeling requirements 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 Food and Drugs 
                (in this section referred to as the ``Commissioner'') 
                and the Consumer Product Safety Commission (in this 
                section 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, 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 to ensure that those facilities 
                meet the requirements under 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, provide that such harmonization shall be based 
                on standards that are no less stringent than United 
                States laws and regulations.
            (4) Services provisions.--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 both domestic and foreign services and service 
                providers;
                    (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 be provided 
                only 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) Investment provisions.--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, 
                including through the use of capital controls, 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'' means only 
                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 of the United States.
            (6) Procurement standards.--If the agreement contains 
        government procurement provisions, such provisions shall--
                    (A) provide that an industry sector, goods, and 
                services are not subject to the 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--
                            (i) 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
                            (ii) 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 requirements.--If the agreement 
        contains provisions related to the protection of intellectual 
        property rights, such provisions shall--
                    (A) promote adequate and effective protection of 
                intellectual property rights;
                    (B) include only terms relating to patents that do 
                not, overtly or in application, limit the flexibilities 
                and rights established in the Declaration on the TRIPS 
                Agreement and Public Health, adopted by the World Trade 
                Organization at the Fourth Ministerial Conference at 
                Doha, Qatar, on November 14, 2001, particularly the 
                flexibilities and rights relating to the promotion of 
                access to medicines and the issuance of compulsory 
                licenses on grounds determined by member states; and
                    (C) not provide a general obligation for providers 
                of Internet information services to monitor the 
                electronic information transmitted or stored by those 
                providers.
            (8) Agricultural standards.--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 world market prices 
                through border regulations or other mechanisms and 
                policies;
                    (C) ensure adequate and affordable supplies of safe 
                food for consumers;
                    (D) protect the right of each country that is a 
                party to the agreement to encourage land and water 
                conservation through the use of best practices with 
                respect to the management and production of 
                agricultural commodities; and
                    (E) 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 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 in which exporters 
                receive tax rebates for indirect taxes upon 
                exportation;
                    (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 by which countries that 
                are parties to the agreement may assess the trade 
                consequences of significant currency movements and 
                determine whether the currency of a country that is a 
                party to the agreement is deliberately misaligned to 
                gain a competitive advantage in international trade; 
                and
                    (F) establish safeguard remedies that apply 
                automatically to offset substantial and sustained 
                currency movements in cases in which the currency of 
                such a country is deliberately misaligned.
            (10) State-owned enterprises.--If the agreement contains 
        provisions relating to state-owned enterprises, such provisions 
        shall--
                    (A) require each state-owned enterprise to act 
                solely in a manner consistent with commercial 
                considerations in all of its investments, operations, 
                and other activities in the territory of another 
                country that is a party to the agreement;
                    (B) require each country that is a party to the 
                agreement to refrain from providing to any of its 
                state-owned enterprises subsidies, or other benefits 
                not generally available on commercial terms, that 
                provide an advantage to the enterprise or its 
                operations with respect to any investment, operation, 
                or other activity in the territory of another country 
                that is a party to the agreement;
                    (C) not restrict temporary measures taken by a 
                country that is a party to the agreement that the 
                country determines are necessary to safeguard an 
                essential economic or security interest of that 
                country; and
                    (D) require each country that is a party to the 
                agreement to make public an annual report with respect 
                to each state-owned enterprise that invests in or 
                conducts operations or other activities in the 
                territory of another country that is a party to the 
                agreement that--
                            (i) describes in detail the governing 
                        structure of the enterprise;
                            (ii) identifies the share of the interests 
                        in the capital structure of the enterprise held 
                        by the government of the country;
                            (iii) identifies the members of the board 
                        of directors of the enterprise; and
                            (iv) identifies the annual revenue and 
                        total assets of the enterprise.
            (11) Dispute resolution and enforcement provisions.--If the 
        agreement contains provisions relating to dispute resolution, 
        such provisions shall--
                    (A) incorporate the due process protections of the 
                Constitution of the United States, 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.
            (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 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 involve the unsustainable use of 
                natural resources.
            (13) Exceptions for national security and other reasons.--
        Each 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; and
                    (B) 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.
            (14) Federalism.--The trade agreement may require a State 
        government in the United States to comply with procurement, 
        investment, or services provisions contained in the trade 
        agreement only 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 introduced on or after the 
date of the 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) 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. 8. IMPROVED COORDINATION OF EXPORT PROMOTION ACTIVITIES OF FEDERAL 
              AGENCIES BY THE TRADE PROMOTION COORDINATING COMMITTEE.

    (a) Duties of TPCC.--Section 2312(b) of the Export Enhancement Act 
of 1988 (15 U.S.C. 4727(b)) is amended--
            (1) in paragraph (5), by striking ``; and'' and inserting 
        ``, including a recommendation for the unified Federal trade 
        promotion budget required by subsection (c)(4);'';
            (2) by redesignating paragraph (6) as paragraph (7); and
            (3) by inserting after paragraph (5) the following:
            ``(6) in conducting assessments under paragraph (5), review 
        the proposed budget for a fiscal year of each agency with 
        responsibility for export promotion or export financing 
        activities before the agency submits that budget to the Office 
        of Management and Budget and the President for inclusion in the 
        budget of the President for that fiscal year to be submitted to 
        Congress under section 1105(a) of title 31, United States Code; 
        and''.
    (b) Strategic Plan.--Section 2312(c) of the Export Enhancement Act 
of 1988 (15 U.S.C. 4727(c)) is amended--
            (1) by redesignating paragraphs (3), (4), (5), and (6) as 
        paragraphs (4), (6), (7), and (8), respectively;
            (2) in paragraph (2), by inserting after ``coordination of 
        such activities'' the following: ``, based on consultations 
        with, and recommendations from, a representative number of 
        United States exporters and other types of export-related 
        businesses'';
            (3) by inserting after paragraph (2) the following:
            ``(3) identify countries with which the United States could 
        negotiate trade agreements to increase United States 
        exports;'';
            (4) by inserting after paragraph (4), as redesignated, the 
        following:
            ``(5) identify areas in which the TPCC can maximize 
        existing partnerships with agencies by granting the TPCC the 
        ability to partner with a partner of an agency that is a member 
        of the TPCC without requiring an additional memorandum of 
        understanding between the TPCC and that partner;'';
            (5) in paragraph (7), as redesignated, by striking ``; 
        and'' and inserting a semicolon;
            (6) in paragraph (8), as redesignated, by striking the 
        period and inserting a semicolon; and
            (7) by adding at the end the following:
            ``(9) review and propose means to improve educational 
        outreach to small- and medium-sized businesses with respect to 
        the resources available through the TPCC and agencies that are 
        members of the TPCC, including by consulting with, and 
        considering recommendations from, United States exporters and 
        the Small Business Administration with respect to improving 
        outreach by the TPCC; and
            ``(10) clearly describe the role of each agency that is a 
        member of the TPCC and the responsibility of each such agency 
        for export promotion and export financing.''.
    (c) Export.gov; Regulations.--Section 2312 of the Export 
Enhancement Act of 1988 (15 U.S.C. 4727) is amended by adding at the 
end the following:
    ``(g) Information Available on Export.gov.--The TPCC shall 
coordinate with the agencies that are members of the TPCC to publish 
information relevant to export promotion and export financing on 
Export.gov (or a successor website), including--
            ``(1) the information described in subsection (c)(10); and
            ``(2) detailed information on ongoing and anticipated trade 
        missions, trade fairs, and related Federal and State export 
        promotion and export financing activities.
    ``(h) Executive Order and Regulations.--Not later than 18 months 
after the date of the enactment of the 21st Century Trade Agreements 
and Market Access Act, the President shall issue an executive order and 
such regulations as are necessary to provide the chairperson of the 
TPCC with the authority to ensure that the TPCC carries out each of its 
duties under subsection (b) and develops and implements the strategic 
plan under subsection (c).''.

SEC. 9. EFFECTIVE DEPLOYMENT OF RESOURCES OF THE UNITED STATES AND 
              FOREIGN COMMERCIAL SERVICE.

    Section 2301(c)(4) of the Export Enhancement Act of 1988 (15 U.S.C. 
4721(c)(4)) is amended--
            (1) by redesignating subparagraphs (B) through (F) as 
        subparagraphs (C) through (G), respectively;
            (2) by striking ``(4) Foreign offices.--(A) The Secretary 
        may'' and inserting the following:
            ``(4) Foreign offices.--(A)(i) The Secretary shall conduct 
        a global assessment of overseas markets to identify the markets 
        with the greatest potential for increasing United States 
        exports and redeploy Commercial Service personnel and other 
        resources on the basis of the global assessment.
            ``(ii) The assessment conducted under clause (i) shall take 
        into consideration recommendations from a representative number 
        of United States exporters.
            ``(iii) Not later than 180 days after the date of the 
        enactment of the 21st Century Trade Agreements and Market 
        Access Act, the Secretary shall submit to Congress a report on 
        the results of the first global assessment conducted under 
        clause (i) and a plan for the redeployment of Commercial 
        Service personnel and other resources on the basis of the 
        global assessment.
            ``(iv) The Secretary shall conduct a global assessment and 
        redeployment described in clause (i) not less frequently than 
        once in every 5-year period.
            ``(B) The Secretary may''; and
            (3) in subparagraph (F), as redesignated, by striking ``is 
        authorized, upon the request of the Secretary, to provide'' and 
        inserting ``shall, upon the request of the Secretary, 
        provide''.

SEC. 10. STRENGTHENED COMMERCIAL DIPLOMACY TO INCREASE UNITED STATES 
              EXPORTS.

    (a) Development of Plan.--Section 207(c) of the Foreign Service Act 
of 1980 (22 U.S.C. 3927(c)) is amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding at the end the following:
    ``(2)(A) Each chief of mission to a foreign country shall develop a 
plan for effective diplomacy to remove or reduce obstacles to exports 
of United States goods and services, in consultation with--
            ``(i) the ambassador of the United States to the country;
            ``(ii) the Assistant Secretary of Commerce and Director 
        General of the Commercial Service (established by section 
        2301(a)(2) of the Export Enhancement Act of 1988 (15 U.S.C. 
        4721(a)(2)));
            ``(iii) the heads of other Federal agencies with export 
        promotion programs, acting through the Trade Promotion 
        Coordinating Committee (established by section 2312 of the 
        Export Enhancement Act of 1988 (15 U.S.C. 4727)); and
            ``(iv) the trade advisory committees authorized by 
        paragraphs (1) and (2) of section 135(c) of the Trade Act of 
        1974 (19 U.S.C. 2155(c)), if those committees request 
        consultation.
    ``(B) The chief of mission shall submit the plan required by 
subparagraph (A) to the Secretary for review by the Secretary before 
implementing the plan.''.
    (b) Assessments and Promotions.--Section 603(a) of the Foreign 
Service Act of 1980 (22 U.S.C. 4003(a)) is amended in the second 
sentence by inserting after ``disciplinary actions,'' the following: 
``assessments (with respect to members of the Service with 
responsibilities relating to economic affairs) of the effectiveness of 
efforts to promote the exportation of United States goods and services 
in accordance with plans developed pursuant to section 207(c)(2),''.
    (c) Inspector General.--Section 209(b) of the Foreign Service Act 
of 1980 (22 U.S.C. 3929(b)) is amended--
            (1) in paragraph (4), by striking ``; and'' and inserting a 
        semicolon;
            (2) by redesignating paragraph (5) as paragraph (6); and
            (3) by inserting after paragraph (4) the following new 
        paragraph:
    ``(5) the effectiveness of diplomacy relating to the promotion of 
exports of United States goods and services; and''.
                                 <all>