[Congressional Record Volume 167, Number 87 (Wednesday, May 19, 2021)]
[Senate]
[Pages S3094-S3097]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1565. Mr. CRAPO (for himself, Mr. Burr, Mr. Grassley, Mr. Toomey, 
Mr. Risch, Mr. Barrasso, Mr. Daines, Mr. Young, Mr. Sasse, Mr. Romney, 
Mr. Marshall, Mr. Cassidy, Mr. Braun, Mr. Tuberville, Mr. Scott of 
South Carolina, Mr. Cornyn, Mr. Thune, and Mr. Lankford) submitted an 
amendment intended to be proposed to amendment SA 1502 proposed by Mr. 
Schumer to the bill S. 1260, to establish a new Directorate for 
Technology and Innovation in the National Science Foundation, to 
establish a regional technology hub program, to require a strategy and 
report on economic security, science, research, innovation, 
manufacturing, and job creation, to establish a critical supply chain 
resiliency program, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of division F, add the following:

       TITLE IV--LIMITATIONS ON MODIFICATIONS TO TRADE AGREEMENTS

     SEC. 6401. FINDINGS.

       Congress finds the following:
       (1) Section 8 of article I of the United States 
     Constitution provides Congress with authority over 
     international trade. Congress has used that authority to 
     approve a number of trade agreements, including the WTO 
     Agreement.
       (2) Section 8 of article I of the United States 
     Constitution provides Congress with authority to provide 
     intellectual property protections in order to ``promote the 
     progress of science and useful arts''. People in the United 
     States rely on those protections to support jobs and continue 
     the highly successful leadership of the United States with 
     respect to innovation.
       (3) The United States may not withdraw or otherwise alter 
     the rights and obligations for the United States arising from 
     a congressionally approved trade agreement without the 
     consent of Congress.
       (4) The United States is a global leader in containing and 
     ending the COVID-19 pandemic.
       (5) Innovators in the United States successfully and 
     rapidly brought to fruition vaccines that provide highly 
     effective protection against COVID-19. At facilities across 
     the United States, thousands of United States workers are 
     working around the clock to manufacture COVID-19 vaccines, 
     contributing to the rapid, global scale up of manufacturing 
     that is expected to reach at least 10,000,000,000 doses by 
     the end of 2021.
       (6) The United States is a founding member of the World 
     Trade Organization. The United States has secured and 
     supported critical commitments in the WTO for protection of 
     intellectual property of United States persons and globally, 
     including under the Trade-Related Aspects of Intellectual 
     Property Rights Agreement or the TRIPS Agreement.
       (7) In implementing the Uruguay Round, Congress established 
     under section 315 of the Uruguay Round Agreements Act (19 
     U.S.C. 3581) that it is the objective of the United States to 
     ``accelerate the implementation'' of the TRIPS Agreement and 
     to ``seek enactment and effective implementation by foreign 
     countries of laws to protect and enforce intellectual 
     property rights that supplement and strengthen the 
     standards'' of the TRIPS Agreement.
       (8) Longstanding intellectual property protections are 
     critical to efforts by the United States and the 
     biopharmaceutical industry to develop and manufacture 
     vaccines for both people in the United States and around the 
     world.
       (9) The United States is committed to providing global 
     access to COVID-19 vaccines.
       (10) In order to accelerate production and distribution of 
     COVID-19 vaccines, biopharmaceutical manufacturers in the 
     United States are collaborating at a scale that previously 
     was unimaginable, including by entering into hundreds of 
     voluntary manufacturing, production, and other partnerships 
     around the world.
       (11) Manufacturing each of the COVID-19 vaccines involves 
     highly specialized and unique infrastructure and equipment, 
     as well as highly trained and experienced personnel. 
     Manufacturing and distributing safe and effective COVID-19 
     vaccines on a global scale is incredibly challenging. Many 
     experts on vaccine production and distribution are warning 
     that waiving intellectual property protections will undermine 
     the global response to the COVID-19 pandemic and compromise 
     vaccine safety, including by disrupting the distribution of 
     scarce raw materials for vaccines that existing vaccine 
     makers with proven track records for delivering high-quality, 
     safe, and effective vaccines need to continue their own 
     production.
       (12) The United States Trade Representative announced 
     without any consultation with Congress that the United States 
     will support a waiver of intellectual property protections 
     under the TRIPS Agreement for COVID-19 vaccines. That 
     decision is not consistent with the intellectual property 
     negotiating objectives of the United States set forth in 
     section 315 of the Uruguay Round Agreements Act (19 U.S.C. 
     3581).
       (13) That waiver announcement created confusion, and raised 
     concerns that a successful effort to suspend protections will 
     weaken already strained supply chains and foster the 
     proliferation of ineffective and potentially dangerous 
     vaccines.
       (14) The Trade Representative has not explained how a 
     waiver of the TRIPS Agreement will expand vaccine production 
     and access, particularly considering that the major 
     impediments to vaccination efforts include the following:
       (A) The difficulty in meeting the technical specifications 
     of production and appropriately ensuring that finished 
     vaccines are high-quality, safe, and effective.
       (B) The scarcity of raw materials for the vaccines.
       (C) Last-mile distribution and cold-chain storage.
       (D) Trade barriers to the free flow of inputs and finished 
     products.
       (15) The Government of the People's Republic of China and 
     the Government of the Russian Federation are engaged in large 
     scale industrial espionage and technology theft of 
     intellectual property of United States persons. The 
     Department of Justice has issued indictments in connection 
     with attempts sponsored by the Government of the People's 
     Republic of China to steal United States vaccine research 
     with respect to COVID-19.
       (16) The Government of the People's Republic of China and 
     the Government of the Russian Federation are using their 
     vaccines as part of diplomatic efforts that may be contrary 
     to the national security interests of the United States. 
     Vaccines for COVID-19 manufactured by persons in the People's 
     Republic of China and the Russian Federation appear to be 
     less efficacious than those manufactured by producers in the 
     United States. The Academy of Military Science, the 
     scientific arm of the military of the People's Republic of 
     China, is sponsoring the principal effort by the People's 
     Republic of China to develop its own mRNA vaccine.
       (17) At a hearing before the Committee on Finance of the 
     Senate on May 12, 2021, the Trade Representative would not 
     commit either--
       (A) to ensure that any waiver of the TRIPS Agreement would 
     exclude the People's Republic of China and the Russian 
     Federation; or
       (B) to ensure that Congress has advance access to the 
     negotiating proposals of the United States for any such 
     waiver.
       (18) The innovative biopharmaceutical companies in the 
     United States contribute more than $1,100,000,000,000 
     annually to the United States economy, and employ more than 
     500,000 workers making 1.4 times the average earnings in the 
     United States, including 153,000 workers who do not have a 
     college degree.
       (19) Waiving intellectual property protections, 
     particularly of the mRNA technology platform in which the 
     Defense Advanced Research Project Agency invested not less 
     than $250,000,000, raises serious economic and national 
     security concerns.

     SEC. 6402. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the United States should continue to act as a global 
     leader to help contain and end the COVID-19 pandemic at home 
     and abroad;
       (2) innovators in the United States are already heroes for 
     their breakthrough work in developing and producing COVID-19 
     vaccines.
       (3) it should be a priority of the global community, with 
     the assistance of the United States, to efficiently and 
     quickly manufacture and distribute COVID-19 vaccines around 
     the world, and in particular to those countries that are most 
     vulnerable;
       (4) current impediments to further vaccination efforts are 
     due to--
       (A) the technically difficult manufacturing requirements 
     for vaccines;
       (B) the need to appropriately ensure that vaccines are 
     high-quality, safe, and effective;
       (C) raw material constraints; and
       (D) difficulties in distribution;
       (5) intellectual property protections for COVID-19 vaccines 
     have not impeded vaccination efforts for COVID-19;
       (6) intellectual property protections in fact help ensure 
     the safe and efficient manufacturing of COVID-19 vaccines;
       (7) waiving intellectual property protections could lead to 
     the production of substandard, ineffective, and potentially 
     unsafe COVID-19 vaccines;
       (8) the Trade Representative must consult with Congress 
     before taking a position on the current TRIPS Agreement 
     waiver proposal before the WTO and any further proposals to 
     waive or weaken intellectual property obligations under the 
     TRIPS Agreement;
       (9) Congress and the people of the United States are 
     entitled to comprehensive expert analysis regarding the 
     implications of a waiver to the TRIPS Agreement for jobs, 
     economic growth, public health, and national security in the 
     United States; and
       (10) the United States must oppose any waiver to 
     intellectual property obligations under the TRIPS Agreement 
     for the response to the COVID-19 pandemic until those 
     implications are fully analyzed.

     SEC. 6403. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional

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     committees'' means the Committee on Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives.
       (2) Commission.--The term ``Commission'' means the United 
     States International Trade Commission.
       (3) Ministerial change.--The term ``ministerial change'', 
     with respect to a trade agreement, means a change to address 
     a clerical, typographical, or grammatical error and does not 
     include any change that would change the intended rights or 
     obligations of a party to the trade agreement.
       (4) Official advisor.--The term ``official advisor'' means 
     a person accredited by the Trade Representative on behalf of 
     the President as an official adviser to the United States 
     delegations to international conferences, meetings, and 
     negotiating sessions relating to international trade 
     negotiations, and who may attend any portion of those 
     negotiations.
       (5) COVID-19 pandemic.--The term ``COVID-19 pandemic'' 
     means the outbreak of novel coronavirus (COVID-19) that was 
     declared by the World Health Organization on March 11, 2020, 
     to be a pandemic.
       (6) State sponsor of terrorism.--The term ``state sponsor 
     of terrorism'' means a country the government of which the 
     Secretary of State has determined is a government that has 
     repeatedly provided support for acts of international 
     terrorism, for purposes of--
       (A) section 1754(c)(1)(A)(i) of the Export Control Reform 
     Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
       (B) section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371);
       (C) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); or
       (D) any other provision of law.
       (7) Trade agreement.--The term ``trade agreement'' means 
     any trade agreement to which the United States is a party 
     that has been approved by Congress, including the TRIPS 
     Agreement.
       (8) Trade representative.--The term ``Trade 
     Representative'' means the United States Trade 
     Representative.
       (9) TRIPS agreement.--The term ``TRIPS Agreement'' means 
     the Agreement on Trade-Related Aspects of Intellectual 
     Property Rights referred to in section 101(d)(15) of the 
     Uruguay Round Agreements Act (19 U.S.C. 3511(d)(15)).
       (10) TRIPS waiver.--The term ``TRIPS waiver'' means any 
     waiver of an obligation imposed on members of the World Trade 
     Organization under the TRIPS Agreement.
       (11) World trade organization; wto; wto agreement.--The 
     terms ``World Trade Organization'', ``WTO'', and ``WTO 
     Agreement'' have the meanings given those terms in section 2 
     of the Uruguay Round Agreements Act (19 U.S.C. 3501).

     SEC. 6404. PROHIBITION ON COMPROMISING UNITED STATES TRADING 
                   RIGHTS TO CHINA AND RUSSIA.

       (a) Prohibition on Withdrawal, Suspension, or 
     Modification.--
       (1) In general.--The President, and any official, employee, 
     or agent of the United States, may not negotiate or conclude 
     any withdrawal, suspension, or modification to a trade 
     agreement that adversely affects, nullifies, or impairs the 
     rights of the United States or United States persons under a 
     trade agreement with respect to the People's Republic of 
     China or the Russian Federation.
       (2) Discipline.--Any official, employee, or agent of the 
     United States who violates subsection (a) shall be subject to 
     appropriate discipline, as determined by the President, 
     including suspension from duty without pay or removal from 
     office.
       (3) Report on violations.--Immediately following any 
     violation of subsection (a) by an official, employee, or 
     agent of the United States, the President shall submit to the 
     appropriate congressional committees a report setting forth a 
     statement regarding the violation and a description of the 
     actions taken with respect to the official, employee, or 
     agent, as the case may be, including all relevant facts.
       (b) No Effect of Amendment or Modification to Agreement.--
     No amendment or other modification to a trade agreement, 
     including a waiver of one or more provisions of the 
     agreement, shall take effect with respect to the United 
     States--
       (1) if the amendment or modification adversely affects, 
     nullifies, or impairs the benefits to the United States under 
     the agreement with respect to the People's Republic of China 
     or the Russian Federation, including with respect to 
     intellectual property rights; or
       (2) if the President failed or refused to consult on the 
     amendment or modification pursuant to sections 6405 and 6406.

     SEC. 6405. LIMITATIONS AND ANALYSIS OF WAIVER OF OBLIGATIONS 
                   UNDER AGREEMENT ON TRADE-RELATED ASPECTS OF 
                   INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO 
                   ADDRESSING THE COVID-19 PANDEMIC.

       (a) TRIPS Waiver.--A TRIPS waiver with respect to 
     addressing the COVID-19 pandemic shall not take effect with 
     respect to the United States if--
       (1) the President fails to submit the reports required 
     under subsections (b) and (c)(2) pursuant to the requirements 
     of those subsections;
       (2) the report required under subsection (b) concludes that 
     the TRIPS waiver will not result in an increase in global 
     vaccine access; or
       (3) the report required under subsection (c)(2) concludes 
     that the TRIPS waiver would adversely impact the national 
     security of the United States.
       (b) Interagency Public Health Report.--
       (1) In general.--Before any official, employee, or agent of 
     the United States enters into negotiations concerning a TRIPS 
     waiver with respect to addressing the COVID-19 pandemic after 
     the date of the enactment of this Act, and not later than 60 
     days after such date of enactment, the Secretary of Commerce, 
     in consultation with the Trade Representative, the Secretary 
     of Health and Human Services, the Commissioner of the Food 
     and Drug Administration, and the Director of the Centers for 
     Disease Control and Prevention shall submit to Congress a 
     report assessing--
       (A) how the TRIPS waiver would impact, during the period 
     beginning on the date of the enactment of this Act and ending 
     on December 31, 2022--
       (i) access to vaccines in the United States;
       (ii) access to vaccines globally;
       (iii) global supply chains of COVID-19 vaccines and related 
     technologies and the inputs needed to produce those vaccines 
     and related technologies;
       (iv) the gross domestic product of the United States;
       (v) exports and imports by the United States of COVID-19 
     vaccines and related technologies and the inputs needed to 
     produce those vaccines and related technologies;
       (vi) manufacturing in the United States of COVID-19 
     vaccines and related technologies and the inputs needed to 
     produce those vaccines and related technologies; and
       (vii) investment in vaccine production in the United States 
     and in research and development for future vaccines;
       (B) what existing flexibilities within the TRIPS Agreement 
     can be used to expedite vaccine access during the one-year 
     period beginning on the date of the enactment of this Act and 
     how those flexibilities may be effectively used; and
       (C) other reasonably feasible alternatives to the TRIPS 
     waiver that might expedite global vaccine production during 
     that one-year period and the effectiveness of those 
     alternatives relative to a TRIPS waiver, including 
     distribution from the United States or from other countries.
       (2) Publication of report.--The Secretary of Commerce shall 
     publish the report required under paragraph (1) on a publicly 
     available website of the Department of Commerce, which shall 
     include a conclusion of whether a TRIPS waiver with respect 
     to addressing the COVID-19 pandemic will increase global 
     vaccine access during the one-year period beginning on the 
     date of the enactment of this Act.
       (c) National Security Investigation.--
       (1) In general.--The Secretary of Defense shall conduct an 
     investigation, in consultation with the Secretary of 
     Commerce, the Secretary of Health and Human Services, and the 
     Trade Representative, to determine the effects of a TRIPS 
     waiver with respect to addressing the COVID-19 pandemic on 
     the national security of the United States, in particular 
     whether such a waiver that extends to mRNA technology could 
     contribute to future deployment of that technology by the 
     People's Republic of China, the Russian Federation, or 
     countries designated as state sponsors of terrorism.
       (2) Report.--
       (A) In general.--Before any official, employee, or agent of 
     the United States enters into negotiations concerning a TRIPS 
     waiver with respect to addressing the COVID-19 pandemic after 
     the date of the enactment of this Act, and not later than 60 
     days after such date of enactment, the Secretary of Defense 
     shall submit to the President and the appropriate 
     congressional committees a report on the findings of the 
     investigation under paragraph (1), including the 
     recommendations of the Secretary for action or inaction 
     regarding the TRIPS waiver.
       (B) Advice.--If the Secretary of Defense determines that a 
     TRIPS waiver with respect to addressing the COVID-19 pandemic 
     threatens to impair national security, the Secretary shall so 
     advise the President and the appropriate congressional 
     committees in the report required under subparagraph (A).

     SEC. 6406. TRADE AGREEMENTS: SUSPENSIONS AND OTHER 
                   MODIFICATIONS, CONSULTATIONS, AND SUBMISSION TO 
                   CONGRESS.

       (a) Trade Representative Engagement With the Public.--
       (1) In general.--Before entering into any negotiation with 
     a trading partner concerning a suspension of or modification 
     to a trade agreement, including a waiver of obligations, the 
     Trade Representative shall publish in the Federal Register a 
     notice identifying--
       (A) the objectives of the United States for that 
     negotiation;
       (B) the rationale for why the trade agreement does not 
     presently allow the United States to meet those objectives; 
     and
       (C) the provision or provisions of the trade agreement that 
     the United States proposes to suspend or modify.
       (2) Comments.--The Trade Representative shall allow the 
     public an opportunity to submit comments concerning the 
     notice required under paragraph (1) for a period of not less 
     than 30 days, and shall hold a hearing to hear testimony from 
     members of the public.
       (b) Initial Evaluation by the Commission.--
       (1) In general.--After the end of the comment period under 
     subsection (a)(2), and

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     after an evaluation by the Trade Representative of those 
     comments, if the Trade Representative determines to pursue a 
     suspension of or modification to a trade agreement, the Trade 
     Representative shall submit to the Commission a plan for the 
     negotiation of the suspension or modification, as the case 
     may be, which shall include--
       (A) the objectives of the United States for the 
     negotiation;
       (B) a description of the inadequacies of the trade 
     agreement, including by reference to specific provisions that 
     preclude the United States from meeting its objectives;
       (C) a description of how the Trade Representative plans to 
     remedy those inadequacies;
       (D) evidence supporting those inadequacies; and
       (E) a justification for why the suspension or modification 
     would remedy those inadequacies.
       (2) Hearing and report.--
       (A) Publication of report.--For each suspension of or 
     modification to a trade agreement for which a plan was 
     submitted to the Commission under paragraph (1), the 
     Commission shall publish on an internet website of the 
     Commission a report evaluating--
       (i) the existence and extent of the purported inadequacies 
     in the trade agreement;
       (ii) what progress, if any, the plan might make in 
     remedying those inadequacies; and
       (iii) the likely impact of the suspension or modification 
     on the economy of the United States as a whole and on 
     specific industry sectors, including any impact on gross 
     domestic product, exports and imports, aggregate employment 
     and employment opportunities, production, employment, and 
     competitive position of industries likely to be significantly 
     affected by the suspension or modification, and the interests 
     of consumers.
       (B) Public hearing.--The Commission shall conduct a public 
     hearing for each suspension of or modification to a trade 
     agreement for which a plan was submitted to the Commission 
     under paragraph (1) before publishing a report with respect 
     to that suspension or modification under subparagraph (A).
       (C) Timing.--The Commission shall publish the report 
     required under subparagraph (A) with respect to a suspension 
     of or modification to a trade agreement for which a plan was 
     submitted to the Commission under paragraph (1) not earlier 
     than 30 days and not later than 120 days after the plan was 
     submitted.
       (D) Confidential report.--If the Commission determines that 
     certain aspects of a report required to be published under 
     subparagraph (A) must be kept confidential to protect 
     proprietary data or to protect the interests of the United 
     States with respect to a potential negotiation, the 
     Commission shall--
       (i) published a redacted report under subparagraph (A); and
       (ii) submit to the appropriate congressional committees an 
     unredacted report.
       (E) Negotiation.--The Trade Representative may proceed to 
     enter into negotiations with a trading partner with respect 
     to a suspension of or modification to a trade agreement for 
     which a plan was submitted to the Commission under paragraph 
     (1) not earlier than 5 business days following the 
     publication under subparagraph (A) of the report regarding 
     that suspension or modification.
       (c) Congressional Consultation During the Course of 
     Negotiations.--
       (1) Notice.--Not later than 60 days before entering into 
     any negotiations with a trading partner concerning a 
     suspension of or modification to a trade agreement, including 
     a waiver of one or more provisions or obligations of the 
     agreement, the President shall provide written notice to 
     Congress of the intention of the President to enter into the 
     negotiations, which shall include--
       (A) the date on which the President intends to initiate the 
     negotiations;
       (B) the specific objectives of the United States for the 
     negotiations; and
       (C) an assessment of why it is necessary to suspend or 
     modify the trade agreement in order to meet those objectives.
       (2) Consultation.--
       (A) President.--Following the notice required under 
     paragraph (1) with respect to negotiations concerning a 
     suspension of or modification to a trade agreement, the 
     President shall consult with Congress with respect to those 
     negotiations as set forth in section 105 of the Bipartisan 
     Congressional Trade Priorities and Accountability Act of 2015 
     (19 U.S.C. 4204) in the same manner as if the suspension or 
     modification was an agreement subject to the provisions of 
     that section.
       (B) Trade representative.--With respect to negotiations 
     described in paragraph (1), the Trade Representative shall 
     consult closely and on a timely basis with the appropriate 
     congressional committees, keeping those committees fully 
     apprised of those negotiations, and provide to those 
     committees, including staff with appropriate security 
     clearance, access to the text of any negotiating proposal or 
     any other document presented by the United States that 
     presents concepts or considerations for the negotiations not 
     later than 5 business days before tabling it in the 
     negotiation.
       (3) Designation of advisors.--The chair and ranking member 
     of each of the appropriate congressional committees may each 
     designate not more than 4 members of their committee and not 
     more than 3 staffers as official advisors to negotiations 
     described in paragraph (1).
       (4) Briefing.--
       (A) In general.--The Trade Representative shall brief the 
     appropriate congressional committees before and after every 
     session with respect to negotiations described in paragraph 
     (1).
       (B) Timing of follow-up briefing.--A briefing required 
     under subparagraph (A) following a negotiating session shall 
     take place not later than 5 business days following the 
     session.
       (d) Timing of Existing Report.--Notwithstanding the timing 
     requirements under section 135(e)(1) of the Trade Act of 1974 
     (19 U.S.C. 2155(e)(1)), the report required under that 
     section regarding any trade agreement entered into under 
     subsection (a) or (b) of section 103 of the Bipartisan 
     Congressional Trade Priorities and Accountability Act of 2015 
     (19 U.S.C. 4202) shall be provided to the President, 
     Congress, and the Trade Representative not later than 30 days 
     after the date on which the President notifies Congress of 
     the intention of the President to enter into a suspension of 
     or modification to the trade agreement.
       (e) Authority for Suspension or Modification of a Trade 
     Agreement.--The President shall not enter into any suspension 
     of or modification to a trade agreement, unless--
       (1) the President has complied with all consultation 
     requirements set forth in subsection (c); and
       (2) an Act of Congress is enacted approving the suspension 
     or modification or a joint resolution is adopted under 
     subsection (f) approving the suspension or modification.
       (f) Joint Resolution.--
       (1) In general.--The President may seek a joint resolution 
     from Congress granting the President authority to enter into 
     a suspension of or modification to a trade agreement as 
     follows:
       (A) The President shall post the text concerning the 
     relevant changes to the trade agreement on a publicly 
     available website of the Office of the United States Trade 
     Representative for not less than 5 business days.
       (B) The President shall submit the text concerning the 
     relevant changes to the trade agreement to the Commission, 
     which shall publish on a publicly available website of the 
     Commission a report on how the changes to the trade agreement 
     will impact employment, economic growth, and consumers in the 
     United States. The Commission shall publish that report not 
     earlier than 30 days and not later than 120 days after 
     receiving from the President the text concerning the relevant 
     changes to the trade agreement.
       (C) The President shall submit to Congress on a day on 
     which both Houses of Congress are in session a copy of the 
     final legal text with respect to which the President seeks 
     authority to commit the United States, together with--
       (i) the report prepared by the Commission under 
     subparagraph (B);
       (ii) an identification of any United States laws that may 
     be inconsistent with the text; and
       (iii) a statement of any administrative action proposed to 
     implement any changes to the trade agreement.
       (2) Introduction.--A joint resolution approving a 
     suspension of or modification to a trade agreement may be 
     introduced in either House of Congress by the chair or 
     ranking member of one of the appropriate congressional 
     committees.
       (3) Procedures in house and senate.--The provisions of 
     subsections (b) through (f) of section 152 of the Trade Act 
     of 1974 (19 U.S.C. 2192) shall apply with respect to a joint 
     resolution introduced under paragraph (2) to the same extent 
     and in the same manner as such provisions apply with respect 
     to a resolution described in subsection (a) of that section.
       (4) Hearing and briefings.--Following introduction of a 
     joint resolution under paragraph (2), the appropriate 
     congressional committees shall, as appropriate, hold hearings 
     and briefings and otherwise obtain information in order to 
     fully review the proposed suspension of or modification to a 
     trade agreement.
       (5) Discharge.--If the committee of either House to which a 
     joint resolution introduced under paragraph (2) has been 
     referred has not reported it by the close of the 40th day 
     after its introduction (excluding any day described in 
     section 154(b) of the Trade Act of 1974 (19 U.S.C. 2194(b))), 
     that committee shall be automatically discharged from further 
     consideration of the joint resolution and it shall be placed 
     on the appropriate calendar.
       (6) Consideration.--
       (A) In general.--It is not in order for--
       (i) the Senate to consider any joint resolution introduced 
     under paragraph (2) unless it has been reported by the 
     Committee on Finance or the committee has been discharged 
     under paragraph (5); or
       (ii) the House of Representatives to consider any joint 
     resolution introduced under paragraph (2) unless it has been 
     reported by the Committee on Ways and Means or the committee 
     has been discharged under paragraph (5).
       (B) Motion to proceed in house of representatives.--A 
     motion in the House of Representatives to proceed to the 
     consideration of a joint resolution may only be made on the 
     second legislative day after the calendar day on which the 
     Member making the motion announces to the House his or her 
     intention to do so.
       (7) Rules of senate and house of representatives.--This 
     subsection is enacted by Congress--

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       (A) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     is deemed a part of the rules of each House, respectively, 
     and such procedures supersede other rules only to the extent 
     that they are inconsistent with such other rules; and
       (B) with the full recognition of the constitutional right 
     of either House to change the rules (so far as relating to 
     the procedures of that House) at any time, in the same 
     manner, and to the same extent as any other rule of that 
     House.
       (g) Application to Ministerial Changes.--This section shall 
     not apply with respect to any ministerial changes to a trade 
     agreement.
                                 ______