[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2566 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2566

      To require that any trade agreement eligible for expedited 
   consideration by Congress include enforceable standards requiring 
 paying adequate wages and maintaining sustainable production methods, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2018

  Mr. Merkley (for himself and Ms. Baldwin) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
      To require that any trade agreement eligible for expedited 
   consideration by Congress include enforceable standards requiring 
 paying adequate wages and maintaining sustainable production methods, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Level the Playing Field in Global 
Trade Act of 2018''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Adequate wages.--The term ``adequate wages''--
                    (A) means compensation for a regular work week that 
                is sufficient to meet the basic needs of the employee 
                and any dependents of the employee, including 
                reasonable discretionary income; and
                    (B) includes, at a minimum--
                            (i) the payment of the higher of the 
                        minimum wage or the appropriate prevailing 
                        wage;
                            (ii) compliance with all legal requirements 
                        relating to wages (including freedom of 
                        association relating to the bargaining relating 
                        to wages and related matters); and
                            (iii) the provision of such benefits as are 
                        required by law or contract.
            (2) Sustainable production methods.--The term ``sustainable 
        production methods''--
                    (A) means the application of technologies and 
                methods that are necessary to provide for workplace 
                safety, toxic waste control, control of discharge of 
                pollutants to air, water, and land, and the reasonable 
                conservation of energy and natural resources, taking 
                into account local standards and conditions; and
                    (B) includes, at a minimum, the use of technologies 
                and methods that would be required for similar 
                production facilities in the United States.

SEC. 3. INELIGIBILITY FOR EXPEDITED CONSIDERATION BY CONGRESS OF 
              CERTAIN TRADE AGREEMENTS.

    (a) In General.--No trade agreement with a country may receive 
expedited consideration by Congress under the Bipartisan Congressional 
Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201 et 
seq.) or any other provision of law, including any limitation on 
amendments or debate in either the Senate or the House of 
Representatives (other than under rule XXII of the Standing Rules of 
the Senate, as in effect on the date of the enactment of this Act) 
unless the agreement includes binding and enforceable requirements that 
all producers of merchandise exported to the United States from that 
country pay adequate wages and maintain sustainable production methods.
    (b) Requirements.--For purposes of subsection (a), a trade 
agreement does not include binding and enforcement requirements 
described in that subsection unless the agreement includes provisions 
that--
            (1) require the parties to treat as forms of dumping or 
        subsidies the failure to produce merchandise under conditions 
        under which all employees receive adequate wages and 
        sustainable production methods are maintained;
            (2) provide for enforcement procedures substantially 
        similar to the enforcement procedures provided for under the 
        United States antidumping and countervailing duty laws 
        described in subsection (c); and
            (3) require the parties to establish a precertification 
        system described in subsection (d).
    (c) United States Antidumping and Countervailing Duty Laws 
Described.--The United States antidumping and countervailing duty laws 
described in this subsection are title VII of the Tariff Act of 1930 
(19 U.S.C. 1671 et seq.), modified as follows:
            (1) Calculation of normal value.--The normal value of 
        merchandise calculated under section 773(a) of the Tariff Act 
        of 1930 (19 U.S.C. 1677b(a)) shall be increased by an amount 
        equal to the estimated cost of producing the merchandise under 
        conditions under which all employees receive adequate wages and 
        sustainable production methods are maintained.
            (2) Demonstration of injury.--An interested party described 
        in subparagraph (C), (D), (E), (F), or (G) of section 771(9) of 
        the Tariff Act of 1930 (19 U.S.C. 1677(9)) that files a 
        petition with respect to merchandise under section 732(b)(1) of 
        that Act (19 U.S.C. 1673a(b)(1)) shall be presumed to 
        demonstrate that the party is materially injured or threatened 
        with material injury by reason of imports of the merchandise 
        unless--
                    (A) the country from which the merchandise is 
                exported is covered by a precertification issued under 
                subsection (d); or
                    (B) the estimated cost under paragraph (1) of 
                producing the merchandise under conditions under which 
                all employees receive adequate wages and sustainable 
                production methods are maintained is equal to or 
                greater than the cost of producing the merchandise in 
                the United States.
    (d) Precertification Systems Described.--
            (1) In general.--A precertification system is described in 
        this subsection if the system provides for the following:
                    (A) Exporter- or producer-specific 
                precertification.--If an exporter or producer of 
                merchandise imported into a country that is a party to 
                a trade agreement that meets the requirements of 
                subsection (a) from another country or countries 
                demonstrates to the satisfaction of an appropriate 
                official of the country that is a party to the trade 
                agreement that all merchandise from such other country 
                or countries, including significant components or 
                ingredients of the merchandise, was or will be produced 
                under conditions under which all employees receive 
                adequate wages and sustainable production methods are 
                maintained, the appropriate official shall issue to 
                that exporter or producer, upon request, a 
                precertification that covers all merchandise imported 
                into the country that is a party to the trade agreement 
                by that exporter or producer from such other country or 
                countries.
                    (B) Country precertification.--The appropriate 
                official of a country that is a party to a trade 
                agreement that meets the requirements of subsection (a) 
                may issue a precertification for all merchandise 
                imported from another country if the government of that 
                other country maintains and enforces laws requiring all 
                producers of such merchandise in that other country to 
                pay employees adequate wages and to maintain 
                sustainable production methods.
                    (C) Safe harbor.--If the appropriate official of a 
                country that is a party to a trade agreement that meets 
                the requirements of subsection (a) issues a 
                precertification under subparagraph (A) or (B), 
                merchandise to which the precertification applies shall 
                not be subject to an antidumping duty solely because a 
                petition seeking the imposition of an antidumping duty 
                filed with respect to the merchandise alleges that the 
                merchandise was not produced under conditions under 
                which all employees receive adequate wages and 
                sustainable production methods are maintained.
                    (D) Challenging precertification.--An interested 
                party that files a petition seeking the imposition of 
                an antidumping duty with respect to merchandise covered 
                by a precertification issued under subparagraph (A) or 
                (B) bears the burden of proving that the merchandise 
                was not produced under conditions under which all 
                employees receive adequate wages and sustainable 
                production methods are maintained.
            (2) Use of third-party standards.--
                    (A) In general.--In implementing a trade agreement 
                that meets the requirements of subsection (a) with 
                respect to the United States, the Secretary of 
                Commerce, the Secretary of Labor, and the Administrator 
                of the Environmental Protection Agency may jointly 
                establish procedures pursuant to which obtaining 
                certification from an organization described in 
                subparagraph (B) may demonstrate the eligibility of an 
                exporter or producer for a precertification described 
                in paragraph (1)(A) or the eligibility of a country for 
                a precertification described paragraph (1)(B).
                    (B) Organization described.--An organization 
                described in this subparagraph is an independent third-
                party organization that sets standards with respect to 
                adequate wages or sustainable production methods.
            (3) Guidance on compliance.--Not later than one year after 
        the date of the enactment of this Act, the Secretary of 
        Commerce shall publish in the Federal Register guidance with 
        respect to how persons producing merchandise for exportation to 
        the United States or seeking to import such merchandise into 
        the United States may obtain a precertification described in 
        subparagraph (A) or (B) of paragraph (1).
            (4) Appropriate official defined.--In this subsection, the 
        term ``appropriate official'' means--
                    (A) in the case of the United States, the Secretary 
                of Commerce; and
                    (B) in the case of any other country that is a 
                party to a trade agreement that meets the requirements 
                of subsection (a), an official designated by that 
                country.
    (e) Determination of Compliance.--
            (1) In general.--The United States International Trade 
        Commission shall make a determination with respect to whether 
        each trade agreement is in compliance with this section.
            (2) Public availability of trade agreement.--The Commission 
        shall make the full text of each trade agreement available to 
        the public.
                                 <all>