[Congressional Record Volume 154, Number 91 (Wednesday, June 4, 2008)]
[Senate]
[Pages S5043-S5047]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BROWN (for himself, Mr. Dorgan, Mr. Feingold, Mr. Casey, 
        and Mr. Whitehouse):
  S. 3083. A bill to require a review of existing trade agreements and 
renegotiation of existing trade agreements based on the review, to set 
terms for future trade agreements, to express the sense of the Senate 
that the role of Congress in trade policymaking should be strengthened, 
and for other purposes; to the Committee on Finance.
  Mr. BROWN. Mr. President, the goal of our trade policy should be to 
promote fair competition and lift up workers at home and abroad.
  Americans support trade that allows responsible businesses to thrive, 
fueling good-paying jobs and a strong, resilient economy.
  But wrong-headed trade pacts following the failed NAFTA-model have 
betrayed middle class families across the country, destabilizing our 
economy and destroying communities in rural and urban areas alike.
  In my state of Ohio, more than 200,000 manufacturing jobs have been 
eliminated since 2001. Across the country, more than 3 million 
manufacturing jobs have been eliminated in that time.
  Our failures to modernize our Nation's trade policy, to learn from 
our mistakes, and to respond to changing dynamics in the global arena, 
hurt communities like Toledo and Steubenville and Dayton.
  That is why voters in my state of Ohio and across the country have 
sent a message loud and clear demanding a new direction, a very 
different direction, for our nation's trade policy.
  Over the last 8 years, our approach to trade has been haphazard at 
best.
  In the last 2 years, since voters elected candidates who support fair 
trade, Congress has reasserted itself in trade policy-making, with some 
improvements to proposed deals with Peru, Panama, Colombia, and South 
Korea.
  We also have chosen not to grant President Bush a renewal of Fast 
Track.
  But our approach to trade has not evolved from reactive to proactive. 
We have not forged a new approach to trade that is results-oriented, an 
approach focused squarely on the goals of economic strength, job 
creation, and U.S. self-sufficiency.
  Not surprisingly, polls show that Americans reject current trade 
policy as misguided.
  That is because it is.
  It is time to learn from our mistakes.
  It is time for a change. The Trade Reform, Accountability, 
Development and Employment, TRADE, Act, which Senator Dorgan, Senator 
Feingold, Senator Casey, Senator Whitehouse and I are introducing 
today, is a step towards that change.

  This legislation will serve as a template for how to craft a trade 
agreement that works for workers, for business owners, for our country.
  This legislation will mandate a review of all existing trade 
agreements and will require the President to submit renegotiation plans 
for those agreements before pursuing new trade agreements.
  The TRADE Act will create a committee comprised of House and Senate 
leaders who will review the President's plan for renegotiation.
  This bill spells out standards for future trade agreements, standards 
based on fostering fair competition, promoting good-paying jobs, and 
addressing unethical behavior by multinational corporations, including 
the exploitation of people and natural resources in developing nations.
  Trade is an exchange that relies on the integrity of its 
participants. We must not trade away our fundamental belief in basic 
human rights and our responsibility to fight the kind of exploitation 
that threatens vulnerable peoples and vulnerable nations.

[[Page S5044]]

  That is why our trade policy must not sidestep the impact of lax 
trade agreements and unethical corporations on developing nations.
  The TRADE Act also sets out criteria for a new negotiating process--
one that would do away with the fundamentally-flawed Fast Track process 
and return power to Congress when considering our nation's trade pacts.
  We take for granted our clean air, safe food, and safe drinking 
water. But these blessings are not by chance: they result from laws and 
rules that foster fair wages, protect the public health, and promote 
environmental stewardship.
  Flawed trade policy accelerates the import of toxic toys, 
contaminated toothpaste, and poisonous pet food into this country.
  It does not have to be this way.
  We have a choice.
  We can continue a race to the bottom in wages, worker safety, 
environmental protection, and health standards.
  Or, we can use trade agreements to lift standards abroad--not 
threaten workers and consumers.
  We can continue down the path of the failed NAFTA model, or we can 
write trade agreements that sustain and grow our Nation's manufacturing 
self-sufficiency, create good-paying jobs and reduce the trade deficit 
by providing fair and transparent market access.
  We can forsake U.S. standards and U.S. values and ignore trade abuses 
in order to mass produce trade agreements, or we can write trade 
agreements that fulfill their promises, that hold our trading partners 
accountable for abiding by the rules, and that build on the hard-fought 
battles waged to build a strong middle class, reward good corporate 
citizens, preserve our natural resources, and ensure that the food and 
products Americans purchase are safe.
  We can continue to use trade deals to lock in protections for Wall 
Street, the drug companies, and oil companies, or we can create a 
predictable structure for international trade without providing 
corporations with overreaching privileges and rights of private 
enforcement that undermine our laws.
  Middle class families, American manufacturers and farmers, and 
community leaders across the country all know that we need a new 
direction for trade.
  I am going to ask my leadership, and my caucus, to work with me on 
this legislation. And I look forward to working with my allies on the 
other side of the aisle to modernize U.S. trade policy.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3083

       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 ``Trade Reform, 
     Accountability, Development, and Employment Act of 2008'' or 
     the ``TRADE Act of 2008''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Core labor standards.--The term ``core labor 
     standards'' means the core labor rights as stated in the 
     International Labour Organization conventions dealing with--
       (A) freedom of association and the effective recognition of 
     the right to collective bargaining;
       (B) the elimination of all forms of forced or compulsory 
     labor;
       (C) the effective abolition of child labor; and
       (D) the elimination of discrimination with respect to 
     employment and occupation.
       (2) Multilateral environmental agreements.--The term 
     ``multilateral environmental agreements'' means any 
     international agreement or provision thereof to which the 
     United States is a party and which is intended to protect, or 
     has the effect of protecting, the environment or human 
     health.
       (3) Trade agreements.--
       (A) In general.--The term ``trade agreement'' includes the 
     following:
       (i) The United States-Australia Free Trade Agreement.
       (ii) The United States-Morocco Free Trade Agreement.
       (iii) The United States-Singapore Free Trade Agreement.
       (iv) The United States-Chile Free Trade Agreement 
     Implementation Act.
       (v) The North American Free Trade Agreement.
       (vi) The Agreement between the United States of America and 
     the Hashemite Kingdom of Jordan on the Establishment of a 
     Free Trade Area.
       (vii) The Dominican Republic-Central America-United States 
     Free Trade Agreement Implementation Act.
       (viii) The United States-Bahrain Free Trade Agreement 
     Implementation Act.
       (ix) The United States-Oman Free Trade Agreement 
     Implementation Act.
       (x) The Agreement on the Establishment of a Free Trade Area 
     between the Government of the United States of America and 
     the Government of Israel.
       (xi) The United States-Peru Trade Promotion Agreement.
       (B) Uruguay round agreements.--The term ``trade agreement'' 
     includes the following Uruguay Round Agreements:
       (i) The General Agreement on Tariffs and Trade (GATT 1994) 
     annexed to the WTO Agreement.
       (ii) The WTO Agreement described in section 2(9) of the 
     Uruguay Round Agreements Act (19 U.S.C. 3501(9)).
       (iii) The agreements described in section 101(d) of the 
     Uruguay Round Agreements Act (19 U.S.C. 3511(d)).
       (iv) Any multilateral agreement entered into by the United 
     States under the auspices of the World Trade Organization 
     dealing with information technology, telecommunications, or 
     financial services.

     SEC. 3. REVIEW AND REPORT ON EXISTING TRADE AGREEMENTS.

       (a) Review and Report.--
       (1) In general.--Not later than June 30, 2010, the 
     Comptroller General of the United States shall conduct a 
     review of all trade agreements described in section 2(3) and 
     submit to the Congressional Trade Agreement Review Committee 
     established under section 6 a report that includes the 
     information described under subsections (b) and (c) and the 
     recommendations required under subsection (d). The review 
     shall concentrate on the effective operation of the United 
     States trade agreements program generally.
       (2) Cooperation of agencies.--The Department of State, the 
     Department of Agriculture, the Department of Commerce, the 
     Department of Labor, the Department of the Treasury, the 
     United States Trade Representative, and other executive 
     departments and agencies shall cooperate with the Comptroller 
     General and the Government Accountability Office in providing 
     access to United States Government officials and documents to 
     facilitate preparation of the report.
       (b) Information With Respect to Trade Agreements.--The 
     report required by subsection (a) shall, with respect to each 
     trade agreement described in section 2(3), to the extent 
     practical, include the following information covering the 
     period between the date on which the agreement entered into 
     force with respect to the United States and the date on which 
     the Comptroller General completes the review:
       (1) An analysis of indicators of the economic impact of 
     each trade agreement, such as--
       (A) the dollar value of goods exported from the United 
     States and imported into the United States by sector and 
     year;
       (B) the employment effects of the agreement on job gains 
     and losses in the United States by sector and changes in wage 
     levels in the United States in dollars by sector and year; 
     and
       (C) the rate of production, number of employees, and 
     competitive position of industries in the United States 
     significantly affected by the agreement.
       (2) A trend analysis of wage levels on a year-to-year basis 
     in--
       (A) each country with which the United States has a trade 
     agreement described in section 2(3)(A);
       (B) each country that is a major United States trading 
     partner, including Belgium, Brazil, China, France, Germany, 
     Hong Kong, India, Ireland, Italy, Japan, South Korea, 
     Malaysia, Netherlands, Taiwan, and the United Kingdom;
       (C) each country with which the United States has 
     considered establishing a free trade agreement, including 
     South Africa and Thailand;
       (D) each country with respect to which the United States 
     has extended preferential trade treatment under the Caribbean 
     Basin Economic Recovery Act (19 U.S.C. 2701 et seq.) and the 
     Andean Trade Preference Act (19 U.S.C. 3201 et seq.).
       (3) The effect on agriculture, including--
       (A) the trend of prices in the United States for 
     agricultural commodities and food products that are imported 
     into the United States from a country that is a party to an 
     agreement described in section 2(3);
       (B) an analysis of the effects, if any, on the cost of farm 
     programs in the United States; and
       (C) the number of farms operating in the United States and 
     the number of acres under production for agricultural 
     commodities that are exported from the United States to a 
     country that is a party to such an agreement on a year-by-
     year basis.
       (4) An analysis of the progress in implementing trade 
     agreement commitments and the record of compliance with the 
     terms of each agreement in effect between the United States 
     and a country listed in paragraph (2).
       (5) A description of any outstanding disputes between the 
     United States and any country that is a party to an agreement 
     listed in section 2(3), including a description of laws, 
     regulations, or policies of the United States or any State 
     that any country that is a party to such an agreement has 
     challenged,

[[Page S5045]]

     or threatened to challenge, under such agreement.
       (6) An analysis of the ability of the United States to 
     ensure that any country with which the United States has a 
     trade agreement described in section 2(3) complies with 
     United States laws and regulations, including--
       (A) complying with the customs laws of the United States;
       (B) making timely payment of duties owed on goods imported 
     into the United States;
       (C) meeting safety and inspection requirements with respect 
     to food and other products imported into the United States; 
     and
       (D) complying with prohibitions on the transshipment of 
     goods that are ultimately imported into the United States.
       (7) A analysis of any privatization of public sector 
     services in the United States or in any country that is a 
     party to the an agreement listed in section 2(3), including 
     any effect such privatization has on the access of consumers 
     to essential services, such as health care, electricity, gas, 
     water, telephone service, or other utilities.
       (8) An assessment of the impact of the intellectual 
     property provisions of the trade agreements listed in section 
     2(3) on access to medicines.
       (9) An analysis of contracts for the procurement of goods 
     or services by Federal or State government agencies from 
     persons operating in any country that is a party to an 
     agreement listed in section 2(3).
       (10) An assessment of the consequences of significant 
     currency movements and a determination of whether the 
     currency of a country that is a party to an agreement is 
     misaligned deliberately to promote a competitive advantage in 
     international trade for that country.
       (c) Information on Countries That Are Parties to Trade 
     Agreements.--With respect to each country with respect to 
     which the United States has a trade agreement in effect, the 
     report required under subsection (a) shall include 
     information regarding whether that country--
       (1) has a democratic form of government;
       (2) respects core labor standards, as defined by the 
     Committee of Experts on the Application of Conventions and 
     Recommendations and the Conference Committee on the 
     Application of Standards of the International Labour 
     Organization;
       (3) respects fundamental human rights, as determined by the 
     Secretary of State in the annual country reports on human 
     rights of the Department of State;
       (4) is designated as a country of particular concern with 
     respect to religious freedom under section 402(b)(1) of the 
     International Religious Freedom Act of 1998 (22 U.S.C. 
     6442(b)(1));
       (5) is on a list described in subparagraph (B) or (C) of 
     section 110(b)(1) of the Trafficking Victims Protection Act 
     of 2000 (22 U.S.C. 7107(b)(1)) (commonly known as tier 2 or 
     tier 3 of the Trafficking in Persons List of the Department 
     of State);
       (6) has taken effective measures to combat and prevent 
     public and private corruption, including measures with 
     respect to tax evasion and money laundering;
       (7) complies with the multilateral environmental agreements 
     to which the country is a party;
       (8) has in force adequate labor and environmental laws and 
     regulations, has devoted sufficient resources to implementing 
     such laws and regulations, and has an adequate record of 
     enforcement of such law and regulations;
       (9) adequately protects intellectual property rights;
       (10) provides for governmental transparency, due process of 
     law, and respect for international agreements;
       (11) provides procedures to promote basic democratic 
     rights, including the right to hold clear title to property 
     and the right to a free press; and
       (12) poses potential concerns to the national security of 
     the United States, including an assessment of transfer of 
     technology, production, and services from one country to 
     another.
       (d) Recommendations.--Each report required under subsection 
     (a) shall include recommendations of the Comptroller General 
     for addressing the problems with respect to an agreement 
     identified under subsections (b) and (c). The recommendations 
     shall include suggestions for renegotiating the agreement 
     based on the requirements described in section 4(b) and for 
     negotiations with respect to new trade agreements.
       (e) Citations.--The Comptroller General shall include in 
     the report required under subsection (a) citations to the 
     sources of data used in preparing the report and a 
     description of the methodologies employed in preparing the 
     report.
       (f) Public Comment.--In preparing each report required 
     under subsection (a), the Comptroller General shall--
       (1) hold at least 2 hearings that are open to the public; 
     and
       (2) provide an opportunity for members of the public to 
     testify and submit written comments.
       (g) Public Availability.--The report required under 
     subsection (a) shall be made available to the public not 
     later than 14 days after the Comptroller General completes 
     that report.

     SEC. 4. 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 another country that is introduced in Congress 
     after the date of the enactment of this Act shall be subject 
     to a point of order pursuant to subsection (c) unless the 
     trade agreement meets the requirements described in 
     subsection (b).
       (b) Requirements.--Each trade agreement negotiated between 
     the United States and another country shall meet the 
     following requirements:
       (1) Labor standards.--The labor provisions shall--
       (A) be included in the text of the agreement;
       (B) require that a country that is party to the agreement 
     adopt and maintain as part of its domestic law and 
     regulations (including in any designated zone in that 
     country), the core labor standards and effectively enforce 
     laws directly related to those standards and to acceptable 
     conditions of work with respect to minimum wages, hours of 
     work, and occupational safety and health;
       (C) prohibit a country that is a party to the agreement 
     from waiving or otherwise derogating from its laws and 
     regulations relating to the core labor standards and 
     acceptable conditions of work with respect to minimum wages, 
     hours of work, and occupational safety and health;
       (D) require each country that is a party to the agreement 
     to adopt into domestic law and enforce effectively core labor 
     standards;
       (E) provide that failures to meet the labor standards 
     required by the agreement shall be subject to dispute 
     resolution and enforcement mechanisms and penalties that are 
     at least as effective as the mechanisms and penalties that 
     apply to the commercial provisions of the agreement;
       (F) strengthen the capacity of each country that is a party 
     to the agreement to promote and enforce core labor standards; 
     and
       (G) establish a commission of independent experts who shall 
     receive, review, and adjudicate any complaint filed under the 
     labor provisions of the trade agreement, and vest the 
     commission with the authority to establish objective 
     indicators to determine compliance with the obligations set 
     forth in subparagraphs (B), (C), (D), (E), and (F).
       (2) Environmental and public safety standards.--The 
     environmental provisions shall--
       (A) be included in the text of the agreement;
       (B) prohibit each country that is a party to the agreement 
     from weakening, eliminating, or failing to enforce domestic 
     environmental or other public safety standards to promote 
     trade or attract investment;
       (C) require each such country to implement and enforce 
     fully and effectively, including through domestic law, the 
     country's obligations under multilateral environmental 
     agreements and provide for the enforcement of such 
     obligations under the agreement;
       (D) prohibit the trade of products that are illegally 
     harvested or extracted and the trade of goods derived from 
     illegally harvested or extracted natural resources, including 
     timber and timber products, fish, wildlife, and associated 
     products, mineral resources, or other environmentally 
     sensitive goods;
       (E) provide that the failure to meet the environmental 
     standards required by the agreement be subject to dispute 
     resolution and enforcement mechanisms and penalties that are 
     at least as effective as the mechanisms and penalties that 
     apply to the commercial provisions of the agreement; and
       (F) allow each country that is a party to the agreement to 
     adopt and implement environmental, health, and safety 
     standards, recognizing the legitimate right of governments to 
     protect the environment and public health and safety.
       (3) Food and product health and safety standards.--If the 
     agreement contains health and safety standards for food and 
     other products, the agreement shall--
       (A) establish that food, feed, food ingredients, and other 
     related food products may be imported into the United States 
     from a country that is a party to the agreement only if such 
     products meet or exceed United States standards with respect 
     to food safety, pesticides, inspections, packaging, and 
     labeling;
       (B) establish that nonfood products may be imported into 
     the United States from a country  that is a party to the 
     agreement only if such products meet or exceed United States 
     health and safety standards with respect to health and 
     safety, inspection, packaging and labeling;
       (C) allow each country  that is a party to the agreement to 
     impose standards designed to protect public health and safety 
     unless it can be clearly demonstrated that such standards do 
     not protect the public health or safety;
       (D) authorize the Commissioner of the Food and Drug 
     Administration (in this Act, referred to as the 
     ``Commissioner'') and the Consumer Product Safety Commission 
     (in this Act, referred to as the ``Commission'') to assess 
     the regulatory system of each country  that is a party to the 
     agreement to determine whether the system provides the same 
     or better protection of health and safety for food and other 
     products as provided under the regulatory system of the 
     United States;
       (E) if the Commissioner or the Commission determines that 
     the regulatory system of

[[Page S5046]]

     such a country does not provide the same or better protection 
     of health and safety for food and other products as provided 
     under the regulatory system of the United States, prohibit 
     the importation into the United States of food and other 
     products from that country;
       (F) provide a process by which producers from countries 
     whose standards are not found by the Commissioner or the 
     Commission to meet United States standards may have their 
     facilities inspected and certified in order to allow products 
     from approved facilities to be imported into the United 
     States;
       (G) if harmonization of food or product health or safety 
     standards is necessary to facilitate trade, such 
     harmonization shall be based on standards that are no less 
     stringent than United States standards; and
       (H) establish mandatory end-use labeling of imports of milk 
     protein concentrates.
       (4) Services provisions.--If the agreement contains 
     provisions related to the provision of services, such 
     provisions shall--
       (A) preserve the right of Federal, State, and local 
     governments to maintain essential public services and to 
     regulate, for the benefit of the public, services provided to 
     consumers in the United States by establishing a general 
     exception to the national treatment commitments in the 
     agreement that allows distinctions between United States and 
     foreign service providers and qualifications or limitations 
     on the provision of services;
       (B)(i) require each country that is a party to the 
     agreement to establish a list of each service sector that 
     will be subject to the obligations of the country under the 
     agreement; and
       (ii) apply the agreement only to the service sectors that 
     are on the list described in clause (i);
       (C) establish a general exception to market access 
     obligations that allows a country that is a party to the 
     agreement to maintain or establish a ban on services the 
     country considers harmful, if the ban is applied to domestic 
     and foreign services and service providers alike;
       (D) require service providers in any country that is a 
     party to the agreement that provide services to consumers in 
     the United States to comply with United States privacy, 
     transparency, professional qualification, and consumer access 
     laws and regulations;
       (E) require that services provided to consumers in the 
     United States that are subject to privacy laws and 
     regulations in the United States may only be provided by 
     service providers in other countries that provide privacy 
     protections and protections for confidential information that 
     are equal to or exceed the protections provided by United 
     States privacy laws and regulations;
       (F) require that financial and medical services be subject 
     to United States privacy laws and be performed only in 
     countries that provide protections for confidential 
     information that are equal to or exceed the protections for 
     such information under United States privacy laws;
       (G) not require the privatization of public services in any 
     country that is a party to the agreement, including services 
     related to national security, social security, health, public 
     safety, education, water, sanitation, other utilities, ports, 
     or transportation; and
       (H) provide for local governments to operate without being 
     subject to market access obligations under the agreement.
       (5) Investment provisions.--If the agreement contains 
     provisions related to investment, such provisions shall--
       (A) preserve the ability of each country that is a party to 
     the agreement to regulate foreign investment in a manner 
     consistent with the needs and priorities of the country;
       (B) allow each such country to place reasonable 
     restrictions on speculative capital to reduce global 
     financial instability and trade volatility;
       (C) not be subject to an investor-state dispute settlement 
     mechanism under the agreement;
       (D) ensure that foreign investors operating in the United 
     States have rights no greater than the rights provided to 
     domestic investors by the Constitution of the United States;
       (E) provide for government-to-government dispute resolution 
     relating to a government action that destroys all value of 
     the real property of a foreign investor rather than dispute 
     resolution between the government that took the action and 
     the foreign investor;
       (F) define the term ``investment'' to mean not more than a 
     commitment of capital or acquisition of real property and not 
     to include assumption of risk or expectation of gain or 
     profit;
       (G) define the term ``investor'' to mean only a person who 
     makes a commitment or acquisition described in subparagraph 
     (F);
       (H) define the term ``direct expropriation'' as government 
     action that does not merely diminish the value of property 
     but destroys all value of the property permanently;
       (I) not provide a dispute resolution system under the 
     agreement for the enforcement of contracts between foreign 
     investors and the government of a country that is a party to 
     the agreement relating to natural resources, public works, or 
     other activities under government control; and
       (J) define the standard of minimum treatment to provide no 
     greater legal rights than United States citizens possess 
     under the due process clause of section 1 of the 14th 
     amendment to the Constitution of the United States.
       (6) Procurement standards.--If the agreement contains 
     government procurement provisions, such provisions shall--
       (A) require each country that is a party to the agreement 
     to establish a list of industry sectors, goods, or services 
     that will be subject to the national treatment and other 
     obligations of the country under the agreement;
       (B) with respect to the United States, apply only to State 
     and local governments that specifically agree to the 
     agreement and only to the industry sectors, goods, or 
     services specifically identified by the State government and 
     not apply to local governments; and
       (C) include only technical specifications for goods or 
     services, or supplier qualifications or other conditions for 
     receiving government contracts that do not undermine--
       (i) prevailing wage policies;
       (ii) recycled content policies;
       (iii) sustainable harvest policies;
       (iv) renewable energy policies;
       (v) human rights; or
       (vi) labor project agreements.
       (7) Intellectual property 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; and
       (C) require that any provisions relating to the patenting 
     of traditional knowledge be consistent with the Convention on 
     Biological Diversity, concluded at Rio de Janeiro June 5, 
     1992.
       (8) Agricultural standards.--If the agreement contains 
     provisions related to agriculture, such provisions shall--
       (A) protect the right of each such country to establish 
     policies with respect to food and agriculture that require 
     farmers to receive fair remuneration for management and labor 
     that occurs on farms and that allow for inventory management 
     and strategic food and renewable energy reserves, to the 
     extent that such policies do not contribute to or allow the 
     dumping of agricultural commodities in world markets at 
     prices lower than the cost of production;
       (B) protect the right of each country that is a party to 
     the agreement to prevent dumping of agricultural commodities 
     at below the cost of production through border regulations or 
     other mechanisms and policies;
       (C) ensure that all laws relating to antitrust and anti-
     competitive business practices remain fully in effect, and 
     that their enforceability is neither pre-empted nor 
     compromised in any manner;
       (D) ensure adequate supplies of safe food for consumers;
       (E) protect the right of each country that is a party to 
     the agreement to encourage conservation through the use of 
     best practices with respect to the management and production 
     of crops; and
       (F) ensure fair treatment of farm laborers in each such 
     country.
       (9) Trade remedies and safeguards.--If the agreement 
     contains trade remedy provisions, such provisions shall--
       (A) preserve fully the ability of the United States to 
     enforce its trade laws, including antidumping and 
     countervailing duty laws and safeguard laws;
       (B) ensure the continued effectiveness of domestic and 
     international prohibitions on unfair trade, especially 
     prohibitions on dumping and subsidies, and domestic and 
     international safeguard provisions;
       (C) allow the United States to maintain adequate safeguards 
     to ensure that surges of imported goods do not result in 
     economic burdens on workers, firms, or farmers in the United 
     States, including providing that such safeguards go into 
     effect automatically based on certain criteria; and
       (D) if the currency of a country that is a party to the 
     agreement is deliberately misaligned, establish safeguard 
     remedies that apply automatically to offset substantial and 
     sustained currency movements.
       (10) Rules of origin provisions.--If the agreement contains 
     provisions related to rules of origin, such provisions 
     shall--
       (A) ensure, to the fullest extent practicable, that goods 
     receiving preferential treatment under the agreement are 
     produced using inputs from a country that is a party to the 
     agreement; and
       (B) ensure the effective enforcement of such provisions.
       (11) Dispute resolution and enforcement provisions.--If the 
     agreement contains provisions related to dispute resolution, 
     such provisions shall--
       (A) incorporate the basic due process guarantees protected 
     by the Constitution of the United States, including access to 
     documents, open hearings, and conflict of interest rules for 
     judges;
       (B) require that any dispute settlement panel, including an 
     appellate panel, dealing with intellectual property rights or 
     environmental, health, labor, and other public law issues 
     include panelists with expertise in such issues; and
       (C) provide that dispute resolution proceedings are open to 
     the public and provide

[[Page S5047]]

     timely public access to information regarding enforcement, 
     disputes, and ongoing negotiations related 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 that ensures respect for diversity of 
     development paths;
       (B) be designed to empower civil society and democratic 
     governments to create sustainable, vibrant economies and 
     respect basic rights;
       (C) provide that technical assistance shall not supplant 
     economic assistance; and
       (D) promote the exportation of goods produced with methods 
     that support sustainable natural resources.
       (13) Exceptions for national security and other reasons.--
     Each agreement shall--
       (A) include an essential security exception that permits a 
     country that is a party to the agreement to apply measures 
     that the country considers necessary for the maintenance or 
     restoration of international peace or security, or the 
     protection of its own essential security interests, including 
     regarding infrastructure, services, manufacturing, and other 
     sectors; and
       (B) include in its list of general exceptions the following 
     language: ``Notwithstanding any other provision of this 
     agreement, a provision of law that is nondiscriminatory on 
     its face and relates to domestic health, consumer safety, the 
     environment, labor rights, worker health and safety, economic 
     equity, consumer access, the provision of goods or services, 
     or investment, shall not be subject to challenge under the 
     dispute resolution mechanism established under this 
     agreement, unless the primary purpose of the law is to 
     discriminate with respect to market access.''.
       (14) Federalism.--The agreement may only require a State 
     government to comply with procurement, investment, or 
     services provisions contained in the agreement if the State 
     government has been consulted in full and has given explicit 
     consent to be bound by such provisions.
       (c) Point of Order in Senate.--The Senate shall cease 
     consideration of a bill to implement a trade agreement if--
       (1) a point of order is made by any Senator against the 
     bill based on the noncompliance of the trade agreement with 
     the requirements of subsection (b); and
       (2) the point of order is sustained by the Presiding 
     Officer.
       (d) 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. 5. RENEGOTIATION PLAN FOR EXISTING TRADE AGREEMENTS.

       The President shall submit to Congress a plan to bring 
     trade agreements in effect on the date of the enactment of 
     this Act into compliance with the requirements of section 
     4(b) not later than 90 days before the earlier of the day on 
     which the President--
       (1) initiates negotiations with a foreign country with 
     respect to a new trade agreement; or
       (2) submits a bill to Congress to implement a trade 
     agreement.

     SEC. 6. ESTABLISHMENT OF CONGRESSIONAL TRADE AGREEMENT REVIEW 
                   COMMITTEE.

       (a) Establishment.--There is established a Congressional 
     Trade Agreement Review Committee.
       (b) Functions.--The Committee--
       (1) shall receive the report of the Comptroller General of 
     the United States required under section 3;
       (2) shall review the plan for bringing trade agreements 
     into compliance with the requirements of section 4(b); and
       (3) may, not later than 60 days after receiving the plan 
     described in paragraph (2), add items for renegotiation to 
     the plan, reject recommendations in the plan, or otherwise 
     amend the plan by a vote of \2/3\ of the members of the 
     Committee.
       (c) Appointment and Membership.--The Committee shall be 
     composed of the chairman and ranking members of the 
     following:
       (1) The Committee on Agriculture, Nutrition, and Forestry 
     of the Senate.
       (2) The Committee on Banking, Housing, and Urban Affairs of 
     the Senate.
       (3) The Committee on Commerce, Science, and Transportation 
     of the Senate.
       (4) The Committee on Energy and Natural Resources of the 
     Senate.
       (5) The Committee on Environment and Public Works of the 
     Senate.
       (6) The Committee on Finance of the Senate.
       (7) The Committee on Foreign Relations of the Senate.
       (8) The Committee on Health, Education, Labor, and Pensions 
     of the Senate.
       (9) The Committee on the Judiciary of the Senate.
       (10) The Committee on Small Business and Entrepreneurship 
     of the Senate.
       (11) The Committee on Agriculture of the House of 
     Representatives.
       (12) The Committee on Education and Labor of the House of 
     Representatives.
       (13) The Committee on Energy and Commerce of the House of 
     Representatives.
       (14) The Committee on Financial Services of the House of 
     Representatives.
       (15) The Committee on Foreign Affairs of the House of 
     Representatives.
       (16) The Committee on the Judiciary of the House of 
     Representatives.
       (17) The Committee on Natural Resources of the House of 
     Representatives.
       (18) The Committee on Small Business of the House of 
     Representatives.
       (19) The Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (20) The Committee on Ways and Means of the House of 
     Representatives.

     SEC. 7. SENSE OF CONGRESS REGARDING READINESS CRITERIA AND 
                   IMPROVING THE PROCESS FOR UNITED STATES TRADE 
                   NEGOTIATIONS.

       It is the sense of Congress that if Congress considers 
     legislation to provide for special procedures for the 
     consideration of bills to implement trade agreements, that 
     legislation shall include--
       (1) criteria for the President to use in determining 
     whether a country--
       (A) is able to meet its obligations under a trade 
     agreement;
       (B) meets the requirements described in section 3(c); and
       (C) is an appropriate country with which to enter into a 
     trade agreement;
       (2) a process by which the Committee on Finance of the 
     Senate and the Committee on Ways and Means of the House of 
     Representatives review the determination of the President 
     described in paragraph (1) to verify that the country meets 
     the criteria;
       (3) requirements for consultation with Congress during 
     trade negotiations that require more frequent consultations 
     than required by the Bipartisan Trade Promotion Authority Act 
     of 2002 (19 U.S.C. 3801 et seq.), including a process for 
     consultation with any committee of Congress with jurisdiction 
     over any area covered by the negotiations;
       (4) binding negotiating objectives and requirements 
     outlining what must and must not be included in a trade 
     agreement, including the requirements described in section 
     4(b);
       (5) a process for review and certification by Congress to 
     ensure that the negotiating objectives described in paragraph 
     (4) have been met during the negotiations;
       (6) a process--
       (A) by which a State may give informed consent to be bound 
     by nontariff provisions in a trade agreement that relate to 
     investment, the service sector, and procurement; and
       (B) that prevents a State from being bound by the 
     provisions described in subparagraph (A) if the State has not 
     consented; and
       (7) a requirement that a trade agreement be approved by a 
     majority vote in both Houses of Congress before the President 
     may sign the agreement.

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