II 

115TH CONGRESS 

2D SESSION S. 2566 

To require that any trade agreement eligible for expedited consideration 

by Congress include enforceable standards requiring paying adequate 

wages and maintaining sustainable production methods, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 15, 2018 

Mr. MERKLEY (for himself and Ms. BALDWIN) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To require that any trade agreement eligible for expedited 

consideration by Congress include enforceable standards 

requiring paying adequate wages and maintaining sustainable production methods, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Level the Playing Field 

5 in Global Trade Act of 2018’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ADEQUATE WAGES.—The term ‘‘adequate 

2 wages’’— 

3 (A) means compensation for a regular 

4 work week that is sufficient to meet the basic 

5 needs of the employee and any dependents of 

6 the employee, including reasonable discretionary 

7 income; and 

8 (B) includes, at a minimum— 

9 (i) the payment of the higher of the 

10 minimum wage or the appropriate pre11 vailing wage; 

12 (ii) compliance with all legal require13 ments relating to wages (including freedom 

14 of association relating to the bargaining re15 lating to wages and related matters); and 

16 (iii) the provision of such benefits as 

17 are required by law or contract. 

18 (2) SUSTAINABLE PRODUCTION METHODS.— 

19 The term ‘‘sustainable production methods’’— 

20 (A) means the application of technologies 

21 and methods that are necessary to provide for 

22 workplace safety, toxic waste control, control of 

23 discharge of pollutants to air, water, and land, 

24 and the reasonable conservation of energy and 


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1 natural resources, taking into account local 

2 standards and conditions; and 

3 (B) includes, at a minimum, the use of 

4 technologies and methods that would be re5 quired for similar production facilities in the 

6 United States. 

7 SEC. 3. INELIGIBILITY FOR EXPEDITED CONSIDERATION 

8 BY CONGRESS OF CERTAIN TRADE AGREE9 MENTS. 

10 (a) IN GENERAL.—No trade agreement with a coun11 try may receive expedited consideration by Congress under 

12 the Bipartisan Congressional Trade Priorities and Ac13 countability Act of 2015 (19 U.S.C. 4201 et seq.) or any 

14 other provision of law, including any limitation on amend15 ments or debate in either the Senate or the House of Rep16 resentatives (other than under rule XXII of the Standing 

17 Rules of the Senate, as in effect on the date of the enact18 ment of this Act) unless the agreement includes binding 

19 and enforceable requirements that all producers of mer20 chandise exported to the United States from that country 

21 pay adequate wages and maintain sustainable production 

22 methods. 

23 (b) REQUIREMENTS.—For purposes of subsection 

24 (a), a trade agreement does not include binding and enVerDate Sep 11 2014 04:36 Mar 27, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2566.IS S2566

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1 forcement requirements described in that subsection un2 less the agreement includes provisions that— 

3 (1) require the parties to treat as forms of 

4 dumping or subsidies the failure to produce mer5 chandise under conditions under which all employees 

6 receive adequate wages and sustainable production 

7 methods are maintained; 

8 (2) provide for enforcement procedures substan9 tially similar to the enforcement procedures provided 

10 for under the United States antidumping and coun11 tervailing duty laws described in subsection (c); and 

12 (3) require the parties to establish a 

13 precertification system described in subsection (d). 

14 (c) UNITED STATES ANTIDUMPING AND COUNTER15 VAILING DUTY LAWS DESCRIBED.—The United States 

16 antidumping and countervailing duty laws described in 

17 this subsection are title VII of the Tariff Act of 1930 (19 

18 U.S.C. 1671 et seq.), modified as follows: 

19 (1) CALCULATION OF NORMAL VALUE.—The 

20 normal value of merchandise calculated under sec21 tion 773(a) of the Tariff Act of 1930 (19 U.S.C. 

22 1677b(a)) shall be increased by an amount equal to 

23 the estimated cost of producing the merchandise 

24 under conditions under which all employees receive 


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1 adequate wages and sustainable production methods 

2 are maintained. 

3 (2) DEMONSTRATION OF INJURY.—An inter4 ested party described in subparagraph (C), (D), (E), 

5 (F), or (G) of section 771(9) of the Tariff Act of 

6 1930 (19 U.S.C. 1677(9)) that files a petition with 

7 respect to merchandise under section 732(b)(1) of 

8 that Act (19 U.S.C. 1673a(b)(1)) shall be presumed 

9 to demonstrate that the party is materially injured 

10 or threatened with material injury by reason of im11 ports of the merchandise unless— 

12 (A) the country from which the merchan13 dise is exported is covered by a precertification 

14 issued under subsection (d); or 

15 (B) the estimated cost under paragraph 

16 (1) of producing the merchandise under condi17 tions under which all employees receive ade18 quate wages and sustainable production meth19 ods are maintained is equal to or greater than 

20 the cost of producing the merchandise in the 

21 United States. 

22 (d) PRECERTIFICATION SYSTEMS DESCRIBED.— 

23 (1) IN GENERAL.—A precertification system is 

24 described in this subsection if the system provides 

25 for the following: 


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1 (A) EXPORTER- OR PRODUCER-SPECIFIC

2 PRECERTIFICATION.—If an exporter or pro3 ducer of merchandise imported into a country 

4 that is a party to a trade agreement that meets 

5 the requirements of subsection (a) from another 

6 country or countries demonstrates to the satis7 faction of an appropriate official of the country 

8 that is a party to the trade agreement that all 

9 merchandise from such other country or coun10 tries, including significant components or ingre11 dients of the merchandise, was or will be pro12 duced under conditions under which all employ13 ees receive adequate wages and sustainable pro14 duction methods are maintained, the appro15 priate official shall issue to that exporter or 

16 producer, upon request, a precertification that 

17 covers all merchandise imported into the coun18 try that is a party to the trade agreement by 

19 that exporter or producer from such other coun20 try or countries. 

21 (B) COUNTRY PRECERTIFICATION.—The 

22 appropriate official of a country that is a party 

23 to a trade agreement that meets the require24 ments of subsection (a) may issue a 

25 precertification for all merchandise imported 


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1 from another country if the government of that 

2 other country maintains and enforces laws re3 quiring all producers of such merchandise in 

4 that other country to pay employees adequate 

5 wages and to maintain sustainable production 

6 methods. 

7 (C) SAFE HARBOR.—If the appropriate of8 ficial of a country that is a party to a trade 

9 agreement that meets the requirements of sub10 section (a) issues a precertification under sub11 paragraph (A) or (B), merchandise to which the 

12 precertification applies shall not be subject to 

13 an antidumping duty solely because a petition 

14 seeking the imposition of an antidumping duty 

15 filed with respect to the merchandise alleges 

16 that the merchandise was not produced under 

17 conditions under which all employees receive 

18 adequate wages and sustainable production 

19 methods are maintained. 

20 (D) CHALLENGING PRECERTIFICATION.— 

21 An interested party that files a petition seeking 

22 the imposition of an antidumping duty with re23 spect to merchandise covered by a 

24 precertification issued under subparagraph (A) 

25 or (B) bears the burden of proving that the 


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1 merchandise was not produced under conditions 

2 under which all employees receive adequate 

3 wages and sustainable production methods are 

4 maintained. 

5 (2) USE OF THIRD-PARTY STANDARDS.— 

6 (A) IN GENERAL.—In implementing a 

7 trade agreement that meets the requirements of 

8 subsection (a) with respect to the United 

9 States, the Secretary of Commerce, the Sec10 retary of Labor, and the Administrator of the 

11 Environmental Protection Agency may jointly 

12 establish procedures pursuant to which obtain13 ing certification from an organization described 

14 in subparagraph (B) may demonstrate the eligi15 bility of an exporter or producer for a 

16 precertification described in paragraph (1)(A) 

17 or the eligibility of a country for a 

18 precertification described paragraph (1)(B). 

19 (B) ORGANIZATION DESCRIBED.—An orga20 nization described in this subparagraph is an 

21 independent third-party organization that sets 

22 standards with respect to adequate wages or 

23 sustainable production methods. 

24 (3) GUIDANCE ON COMPLIANCE.—Not later 

25 than one year after the date of the enactment of this 


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1 Act, the Secretary of Commerce shall publish in the 

2 Federal Register guidance with respect to how per3 sons producing merchandise for exportation to the 

4 United States or seeking to import such merchan5 dise into the United States may obtain a 

6 precertification described in subparagraph (A) or 

7 (B) of paragraph (1). 

8 (4) APPROPRIATE OFFICIAL DEFINED.—In this 

9 subsection, the term ‘‘appropriate official’’ means— 

10 (A) in the case of the United States, the 

11 Secretary of Commerce; and 

12 (B) in the case of any other country that 

13 is a party to a trade agreement that meets the 

14 requirements of subsection (a), an official des15 ignated by that country. 

16 (e) DETERMINATION OF COMPLIANCE.— 

17 (1) IN GENERAL.—The United States Inter18 national Trade Commission shall make a determina19 tion with respect to whether each trade agreement is 

20 in compliance with this section. 

21 (2) PUBLIC AVAILABILITY OF TRADE AGREE22 MENT.—The Commission shall make the full text of 

23 each trade agreement available to the public. 

Æ 


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