Truth, Transparency, Accountability, and Fairness in Trade Act

Summary: Truth, Transparency, Accountability, and Fairness in Trade Act This bill amends the Trade Act of 1974 to require the Department of Labor to make a joint annual report to Congress with the U.S. International Trade Commission on the operation of the trade agreements program during the preceding calendar year, including specified information about each free trade agreement in effect. Any free trade agreement or portion of it that provides for the termination of portions shall cease to be effective with respect to the United States if annual reports on it show as a result of the agreement or a portion of it any:  export disruption (declining U.S. exports to, and rising U.S. imports from, a country party to the agreement), either overall or for a specific commodity or industry, in three consecutive calendar years or in three calendar years during a consecutive five-calendar year period; labor disruption (an increase of 5% or more in the number of applications for adjustment assistance for workers and firms), either overall or with respect to a specific good or industry, in each of three consecutive calendar years or in each of three calendar years during a consecutive five-calendar year period; or  trade balance disruption (an increase of 5% or more in the U.S. trade deficit in goods with respect to a country party to the agreement) in each of three consecutive calendar years or in each of three calendar years during a consecutive five-calendar year period.  A termination bill, relating to such circumstances, must be enacted into law to effect a termination of the free trade agreement or a portion of it. Fast track procedures are prescribed for congressional consideration of a termination bill. The United States Trade Representative shall:  take specified enforcement actions against any country party to a free trade agreement if it has implemented a tariff or nontariff barrier by reason of enactment into law of a bill terminating the agreement in whole or in part, and  ensure that any free trade agreement entered into on or after enactment of this Act is negotiated in a form that provides for the termination with respect to the United States of specific portions of it.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Truth, Transparency, Accountability, 
and Fairness in Trade Act''.

SEC. 2. REPORTING.

    Section 163(c) of the Trade Act of 1974 (19 U.S.C. 2213(c)) is 
amended to read as follows:
    ``(c) ITC Reports.--The United States International Trade 
Commission and the Secretary of Labor shall submit to the Congress, not 
later than February 15th of each year, a joint report on the operation 
of the trade agreements program during the preceding calendar year. The 
report shall include, with respect to each free trade agreement in 
effect on December 31st of the preceding calendar year, the following:
            ``(1)(A) The exports, during the preceding calendar year, 
        from the United States to the other countries that are parties 
        to the free trade agreement, and the imports, during the 
        preceding calendar year, from those other countries to the 
        United States, of goods and services covered by the agreement, 
        by volume, by industry sector, by commodity, and by State, that 
        are attributable to the free trade agreement or a section, 
        chapter, or other portion of such trade agreement.
            ``(B) A comparison of the export and import data reported 
        under subparagraph (A) for the preceding calendar year, with 
        such data for the lesser of--
                    ``(i) the period of 4 calendar years ending on the 
                day before the first day of such preceding calendar 
                year; or
                    ``(ii) the number of calendar years, occurring 
                before such preceding calendar year, in which the 
                agreement has been in effect.
            ``(2) A comparison of the export and import data reported 
        under subparagraphs (A) and (B) with any forecasts made by the 
        United States Trade Representative, before the implementation 
        of the free trade agreement, with respect to such export or 
        import data for the calendar years with respect to which the 
        data is reported.
            ``(3)(A) The number of applications filed, during the 
        preceding calendar year, for adjustment assistance for workers 
        and firms under title II of this Act, the number of such 
        applications that were approved, and the extent to which 
        adjustment assistance has been provided under such approved 
        applications, as a result of the free trade agreement, 
        nationwide, in each State, and by industry.
            ``(B) A comparison of the data reported under subparagraph 
        (A) for the preceding calendar year, with such data for the 
        lesser of--
                    ``(i) the period of 4 calendar years ending on the 
                day before the first day of such preceding calendar 
                year; or
                    ``(ii) the number of calendar years, occurring 
                before such preceding calendar year, in which the 
                agreement has been in effect.''.

SEC. 3. TERMINATION OF AGREEMENTS OR PORTIONS THEREOF.

    Section 125 of the Trade Act of 1974 (19 U.S.C. 2135) is amended by 
adding at the end the following:
    ``(g) Termination of Agreements or Portions Thereof.--
            ``(1) In general.--A free trade agreement, or a section, 
        chapter, or other portion of such trade agreement in the case 
        of a trade agreement that provides for the termination of 
        sections, chapters, or other portions of the trade agreement in 
        accordance with section 5 of the Truth, Transparency, 
        Accountability, and Fairness in Trade Act, shall cease to be 
        effective with respect to the United States if--
                    ``(A) annual reports submitted under section 163(c) 
                with respect to the trade agreement show--
                            ``(i) export disruption, which means 
                        declining exports from the United States to, 
                        and rising imports into the United States from, 
                        a country that is party to the trade 
                        agreement--
                                    ``(I) in 3 consecutive calendar 
                                years, or
                                    ``(II) in 3 calendar years during a 
                                consecutive 5-calendar year period,
                        overall or for a specific commodity or 
                        industry, as a result of the free trade 
                        agreement, or a section, chapter, or other 
                        portion of such trade agreement, as determined 
                        by the Comptroller General of the United 
                        States;
                            ``(ii) labor disruption, which means an 
                        increase of 5 percent or more in the number of 
                        applications for adjustment assistance for 
                        workers and firms under title II of this Act--
                                    ``(I) in each of 3 consecutive 
                                calendar years, or
                                    ``(II) in each of 3 calendar years 
                                during a consecutive 5-calendar year 
                                period,
                        as a result of the free trade agreement, or a 
                        section, chapter, or other portion of such 
                        trade agreement, overall or with respect to a 
                        specific good or industry, as determined by the 
                        Comptroller General of the United States; or
                            ``(iii) trade balance disruption, which 
                        means an increase of 5 percent or more in the 
                        trade deficit of the United States in goods 
                        with respect to a country that is a party to 
                        the free trade agreement--
                                    ``(I) in each of 3 consecutive 
                                calendar years, or
                                    ``(II) in each of 3 calendar years 
                                during a consecutive 5-calendar year 
                                period,
                        as a result of the free trade agreement, or a 
                        section, chapter, or other portion of such 
                        trade agreement, as determined by the 
                        Comptroller General of the United States; and
                    ``(B) a termination bill with respect to such free 
                trade agreement or a section, chapter, or other portion 
                of such trade agreement, as the case may be, relating 
                to export disruption, labor disruption, or trade 
                balance disruption described in clause (i), (ii), or 
                (iii) of subparagraph (A), is enacted into law.
            ``(2) Time lines.--The Comptroller General shall, not later 
        than 30 days after any annual report under section 163(c) is 
        submitted to Congress with respect to a free trade agreement, 
        make and submit to Congress a determination of whether or not 
        export, labor, or trade balance disruption described in 
        paragraph (1) has occurred with respect to that free trade 
        agreement.
    ``(h) Congressional Termination Authority and Procedures.--
            ``(1) Rules of house of representatives and senate.--This 
        section is enacted by the Congress--
                    ``(A) as an exercise of the rulemaking power of the 
                House of Representatives and the Senate, respectively, 
                and as such they are deemed a part of the rules of each 
                House, respectively, but applicable only with respect 
                to the procedure to be followed in that House in the 
                case of termination bill described in subsection (i), 
                and they supersede other rules only to the extent that 
                they are inconsistent therewith; and
                    ``(B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                relating to that House) at any time, in the same manner 
                and to the same extent as in the case of any other rule 
                of that House.
            ``(2) Introduction and referral.--A termination bill 
        introduced in the House or the Senate with respect to a free 
        trade agreement for which a determination of export disruption, 
        labor disruption, or trade balance disruption has been received 
        under subsection (g)(1) shall be referred by the Presiding 
        Officers of the respective Houses to the appropriate committee, 
        or in the case of a bill containing provisions within the 
        jurisdictions of two or more committees, jointly to such 
        committees for consideration of those provisions within their 
        jurisdiction.
            ``(3) Amendments prohibited.--No amendment to a termination 
        bill shall be in order in either the House of Representatives 
        or the Senate; and no motion to suspend the application of this 
        subsection shall be in order in either House, nor shall it be 
        in order in either House for the Presiding Officer to entertain 
        a request to suspend the application of this subsection by 
        unanimous consent.
            ``(4) Period for committee and floor consideration.--
                    ``(A) Except as provided in paragraph (2), if the 
                committee or committees of either House to which a 
                termination bill has been referred have not reported it 
                at the close of the 45th day after its introduction, 
                such committee or committees shall be automatically 
                discharged from further consideration of the 
                termination bill and it shall be placed on the 
                appropriate calendar. A vote on final passage of the 
                termination bill shall be taken in each House on or 
                before the close of the 15th day after the termination 
                bill is reported by the committee or committees of that 
                House to which it was referred, or after such committee 
                or committees have been discharged from further 
                consideration of the termination bill. If prior to the 
                passage by one House of a termination bill of that 
                House, that House receives the same termination bill 
                from the other House, then--
                            ``(i) the procedure in that House shall be 
                        the same as if no termination bill had been 
                        received from the other House; but
                            ``(ii) the vote on final passage shall be 
                        on the termination bill of the other House.
                    ``(B) For purposes of subparagraph (A), in 
                computing a number of days in either House, there shall 
                be excluded any day on which that House is not in 
                session.
            ``(5) Floor consideration in the house of 
        representatives.--
                    ``(A) A motion in the House of Representatives to 
                proceed to the consideration of a termination bill 
                shall be highly privileged and not debatable. An 
                amendment to the motion shall not be in order, nor 
                shall it be in order to move to reconsider the vote by 
                which the motion is agreed to or disagreed to.
                    ``(B) Debate in the House of Representatives on a 
                termination bill be limited to not more than 20 hours, 
                which shall be divided equally between those favoring 
                and those opposing the termination bill. A motion to 
                further limit debate shall not be debatable. It shall 
                not be in order to move to recommit a termination bill 
                or to move to reconsider the vote by which a 
                termination bill is agreed to or disagreed to.
                    ``(C) Motions to postpone, made in the House of 
                Representatives with respect to the consideration of a 
                termination bill, and motions to proceed to the 
                consideration of other business, shall be decided 
                without debate.
                    ``(D) All appeals from the decisions of the Chair 
                relating to the application of the Rules of the House 
                of Representatives to the procedure relating to a 
                termination bill shall be decided without debate.
                    ``(E) Except to the extent specifically provided in 
                the preceding provisions of this subsection, 
                consideration of a termination bill shall be governed 
                by the Rules of the House of Representatives applicable 
                to other bills and resolutions in similar 
                circumstances.
            ``(6) Floor consideration in the senate.--
                    ``(A) A motion in the Senate to proceed to the 
                consideration of a termination bill shall be privileged 
                and not debatable. An amendment to the motion shall not 
                be in order to move to reconsider the vote by which the 
                motion is agreed to or disagreed to.
                    ``(B) Debate in the Senate on a termination bill, 
                and all debatable motions and appeals in connection 
                therewith, shall be limited to not more than 20 hours. 
                The time shall be equally divided between, and 
                controlled by, the majority leader and the minority 
                leader or their designees.
                    ``(C) Debate in the Senate on any debatable motion 
                or appeal in connection with a termination bill shall 
                be limited to not more than 1 hour, to be equally 
                divided between, and controlled by, the mover and the 
                manager of the bill, except that in the event the 
                manager of the bill is in favor of any such motion or 
                appeal, the time in opposition thereto shall be 
                controlled by the minority leader or his or her 
                designee. Such leaders, or either of them, may, from 
                time under their control on the passage of a 
                termination bill allot additional time to any Senator 
                during the consideration of any debatable motion or 
                appeal.
                    ``(D) A motion in the Senate to further limit 
                debate is not debatable. A motion to recommit a 
                termination bill is not in order.
                    ``(E) Consideration in the Senate of any veto 
                message with respect to a termination bill, including 
                consideration of all debatable motions and appeals in 
                connection therewith, shall be limited to 10 hours, to 
                be equally divided between, and controlled by, the 
                majority leader and the minority leader or their 
                designee.
    ``(i) Definition.--For purposes of this section, the term 
`termination bill' means only a bill of either House of Congress that 
is introduced under subsection (h) with respect to a free trade 
agreement, or a section, chapter, or other portion of such trade 
agreement, with respect to which a determination by the Comptroller 
General of export disruption, labor disruption, or trade balance 
disruption has been received under subsection (g)(1) and that 
contains--
            ``(1) a provision terminating, within 6 months after the 
        date of the enactment of the bill, such free trade agreement, 
        or section, chapter, or other portion of such trade agreement, 
        with respect to specific goods or industries, to the extent 
        that the determination of the Comptroller General applies only 
        to such goods or industries; and
            ``(2) if changes in existing laws or new statutory 
        authorities are required to cancel such free trade agreement or 
        section, chapter, or other portion of such trade agreement, and 
        with respect to such goods or industries, provisions necessary 
        or appropriate to terminate such free trade agreement or 
        section, chapter, or other portion of such trade agreement, by 
        repealing or amending existing laws or providing new statutory 
        authority.
    ``(j) Future Negotiations.--If a termination bill with respect to a 
free trade agreement, or a section, chapter, or other portion of such 
trade agreement, is enacted into law, then trade authorities 
procedures, or any other form of expedited consideration by either 
House of Congress, shall not apply to a free trade agreement, or 
section, chapter, or other portion of such trade agreement, that is 
renegotiated in substantially the same form as the free trade 
agreement, or section, chapter, or other portion of such trade 
agreement, that led to the determination of export disruption, labor 
disruption, or trade balance disruption under subsection (g)(1) with 
respect to which the termination bill was enacted.''.

SEC. 4. RETALIATORY ACTIONS.

    Section 301(a)(1) of the Trade Act of 1974 (19 U.S.C. 2411(a)(1)) 
is amended--
            (1) in subparagraph (A), by striking ``or'' after the 
        semicolon;
            (2) in subparagraph (B)(ii), by adding ``or'' after the 
        semicolon; and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) a country that is a party to a free trade 
                agreement with respect to which a termination bill 
                under section 125(g) has been enacted into law has 
                implemented a tariff or nontariff barrier by reason of 
                such termination bill;''.

SEC. 5. SEVERABILITY REQUIREMENT.

    The United States Trade Representative shall ensure that any free 
trade agreement entered into on or after the date of the enactment of 
this Act is negotiated in a form that provides for the termination with 
respect to the United States of specific sections, chapters, or other 
portions of the agreement.