1.Short
title; table of contents
(a)This Act may be cited
as the 21st Century Trade Agreements
and Market Access Act
.
(b)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.
2.In this Act:
(1)Appropriate
congressional committeesThe 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)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 agreementThe 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)The
term State means each of the several States, the District of
Columbia, and any commonwealth, territory, or possession of the United
States.
(5)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)).
3.Report by the
President on foreign countries with which the United States conducts trade
negotiations
(a)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 negotiationsNot 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)Each report required under subsection (a) or (b) shall be
submitted in unclassified form, but may contain a classified annex if
necessary.
4.Market access
assessment by the United States International Trade Commission of foreign
countries with which the United States conducts trade negotiations
(a)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 negotiationsNot 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)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).
5.Report by United
States Trade Representative on market access commitments under trade
agreementsNot 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).
6.Sense of
Congress on improving process for United States trade
negotiationsIt 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.
7.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 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)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)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 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 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 standardsIf 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)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)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)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 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)not provide a
general obligation for providers of Internet information services to monitor
the electronic information transmitted or stored by those providers.
(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 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 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 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)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 provisionsIf 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)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 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; 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)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)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)
(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.
8.Improved
coordination of export promotion activities of Federal agencies by the Trade
Promotion Coordinating Committee
(a)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)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)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.govThe 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 regulationsNot 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).
.
9.Effective
deployment of resources of the United States and Foreign Commercial
ServiceSection 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)(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
.
10.Strengthened
commercial diplomacy to increase United States exports
(a)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
promotionsSection 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)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
.