II 

112TH CONGRESS 

2D SESSION S. 3347 

To require reports on countries with which the United States negotiates 

trade agreements, to establish terms for future trade agreements, and 

to enhance the promotion of exports of United States goods and services, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 27, 2012 

Mr. BROWN of Ohio introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To require reports on countries with which the United States 

negotiates trade agreements, to establish terms for future 

trade agreements, and to enhance the promotion of exports of United States goods and services, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘21st Century Trade Agreements and Market Access 

6 Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Report by the President on foreign countries with which the United 

States conducts trade negotiations. 

Sec. 4. Market access assessment by the United States International Trade 

Commission of foreign countries with which the United States 

conducts trade negotiations. 

Sec. 5. Report by United States Trade Representative on market access commitments under trade agreements. 

Sec. 6. Sense of Congress on improving process for United States trade negotiations. 

Sec. 7. Inclusion of certain provisions in trade agreements. 

Sec. 8. Improved coordination of export promotion activities of Federal agencies 

by the Trade Promotion Coordinating Committee. 

Sec. 9. Effective deployment of resources of the United States and Foreign 

Commercial Service. 

Sec. 10. Strengthened commercial diplomacy to increase United States exports. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘‘appropriate congressional com7 mittees’’ means the Committee on Finance of the 

8 Senate and the Committee on Ways and Means of 

9 the House of Representatives. 

10 (2) CORE LABOR RIGHTS.—The term ‘‘core 

11 labor rights’’ means the core labor rights as stated 

12 in the International Labour Organization conven13 tions dealing with— 

14 (A) freedom of association and the effec15 tive recognition of the right to collective bar16 gaining; 


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1 (B) the elimination of all forms of forced 

2 or compulsory labor; 

3 (C) the effective abolition of child labor; 

4 and 

5 (D) the elimination of discrimination with 

6 respect to employment and occupation. 

7 (3) MULTILATERAL ENVIRONMENTAL AGREE8 MENT.—The term ‘‘multilateral environmental 

9 agreement’’ means any international agreement or 

10 provision thereof to which the United States is a 

11 party and that is intended to protect, or has the ef12 fect of protecting, the environment or human health. 

13 (4) STATE.—The term ‘‘State’’ means each of 

14 the several States, the District of Columbia, and any 

15 commonwealth, territory, or possession of the United 

16 States. 

17 (5) TRIPS AGREEMENT.—The term ‘‘TRIPS 

18 Agreement’’ means the Agreement on Trade-Related 

19 Aspects of Intellectual Property Rights described in 

20 section 101(d)(15) of the Uruguay Round Agree21 ments Act (19 U.S.C. 3511(d)(5)). 


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1 SEC. 3. REPORT BY THE PRESIDENT ON FOREIGN COUN2 TRIES WITH WHICH THE UNITED STATES 

3 CONDUCTS TRADE NEGOTIATIONS. 

4 (a) IN GENERAL.—Not later than 45 days before the 

5 President initiates negotiations for a trade agreement with 

6 a foreign country, the President shall submit to the appro7 priate congressional committees and make available to the 

8 public a report on the foreign country that includes— 

9 (1) an assessment of whether the foreign coun10 try— 

11 (A) has a democratic form of government; 

12 (B) has adopted into domestic law and reg13 ulations the core labor rights and effectively en14 forces those rights as reflected in reports of the 

15 Committee of Experts on the Application of 

16 Conventions and Recommendations, the Con17 ference Committee on the Application of Stand18 ards, and the Committee on Freedom of Asso19 ciation of the International Labour Organiza20 tion; 

21 (C) respects fundamental human rights, as 

22 reflected in the annual Country Reports on 

23 Human Rights Practices of the Department of 

24 State; 

25 (D) is designated as a country of par26 ticular concern with respect to religious freedom 


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1 under section 402(b)(1) of the International 

2 Religious Freedom Act of 1998 (22 U.S.C. 

3 6442(b)(1)); 

4 (E) is on a list described in subparagraph 

5 (B) or (C) of section 110(b)(1) of the Traf6 ficking Victims Protection Act of 2000 (22 

7 U.S.C. 7107(b)(1)) (commonly known as tier 2 

8 or tier 3 of the Trafficking in Persons List of 

9 the Department of State); 

10 (F) complies with the multilateral environ11 mental agreements to which the foreign country 

12 is a party; 

13 (G) has in force adequate environmental 

14 laws and regulations, has devoted sufficient re15 sources to implementing such laws and regula16 tions, and has an adequate record of enforce17 ment of such law and regulations; 

18 (H) enforces the rights and flexibilities 

19 provided under the TRIPS Agreement; and 

20 (I) provides for government transparency, 

21 due process of law, and respect for international 

22 agreements; 

23 (2) an assessment of whether the government of 

24 the foreign country or persons in the foreign country 

25 transfer sensitive technology or products or provide 


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1 services to other countries or persons in a manner 

2 that poses a threat to the national security of the 

3 United States; and 

4 (3) a certification by the President that, in the 

5 10-year period preceding the submission of the re6 port, the government of the foreign country has not 

7 intervened in or engaged in the manipulation of the 

8 rate of exchange between the currency of the foreign 

9 country and the United States dollar in a manner 

10 that helps the foreign country gain an unfair com11 petitive advantage. 

12 (b) REPORT ON ONGOING NEGOTIATIONS.—Not later 

13 than 30 days after the date of the enactment of this Act, 

14 the President shall submit to the appropriate congres15 sional committees and make available to the public a re16 port on each foreign country with which negotiations for 

17 a trade agreement are ongoing on such date of enactment 

18 that includes the matters required to be included in the 

19 report under subsection (a) with respect to that foreign 

20 country. 

21 (c) FORM OF REPORT.—Each report required under 

22 subsection (a) or (b) shall be submitted in unclassified 

23 form, but may contain a classified annex if necessary. 


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1 SEC. 4. MARKET ACCESS ASSESSMENT BY THE UNITED 

2 STATES INTERNATIONAL TRADE COMMIS3 SION OF FOREIGN COUNTRIES WITH WHICH 

4 THE UNITED STATES CONDUCTS TRADE NE5 GOTIATIONS. 

6 (a) IN GENERAL.—Not later than 45 days before the 

7 President initiates negotiations for a trade agreement with 

8 a foreign country under which the duty on any product 

9 imported into the United States from the foreign country 

10 will be modified, the United States International Trade 

11 Commission (in this section referred to as the ‘‘Commis12 sion’’) shall submit to the United States Trade Represent13 ative, the Secretary of Commerce, the appropriate con14 gressional committees, and make available to the public, 

15 a report on opportunities and challenges relating to mar16 ket access arising from the trade agreement that in17 cludes— 

18 (1) an identification and assessment of the tar19 iff and nontariff barriers, policies, and practices of 

20 the government of the foreign country with respect 

21 to United States exports to the foreign country of 

22 any product identified by producers in the United 

23 States as having the same physical characteristics 

24 and uses as the product for which the duty will be 

25 modified; 


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1 (2) an assessment of the expected opportunities 

2 for exports of that product from the United States 

3 to the foreign country if the tariff and nontariff bar4 riers, policies, and practices identified under para5 graph (1) are eliminated; and 

6 (3) an estimate of the per capita and median 

7 income of the foreign country and the population of 

8 the foreign country. 

9 (b) REPORT ON ONGOING NEGOTIATIONS.—Not later 

10 than 30 days after the date of the enactment of this Act, 

11 the Commission shall submit to the United States Trade 

12 Representative, the Secretary of Commerce, the appro13 priate congressional committees, and make available to the 

14 public, a report on each foreign country with which nego15 tiations for a trade agreement are ongoing on such date 

16 of enactment that includes the matters required to be in17 cluded in the report under subsection (a) with respect to 

18 that foreign country. 

19 (c) CONSULTATIONS.—In developing each report re20 quired by subsection (a) or (b) with respect to a product 

21 for which a duty will be modified pursuant to a trade 

22 agreement, the Commission shall, as appropriate, consult 

23 with and seek to obtain relevant documentation from pro24 ducers in the United States of— 


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1 (1) products with the same physical characteris2 tics and uses as the product for which the duty will 

3 be modified; and 

4 (2) components for products described in para5 graph (1). 

6 SEC. 5. REPORT BY UNITED STATES TRADE REPRESENTA7 TIVE ON MARKET ACCESS COMMITMENTS 

8 UNDER TRADE AGREEMENTS. 

9 Not later than 75 days after the date on a trade 

10 agreement enters into force with respect to the United 

11 States, and March 15 of each year thereafter, the United 

12 States Trade Representative shall submit to the appro13 priate congressional committees and make available to the 

14 public a report that, with respect to each foreign country 

15 that is a party to the trade agreement— 

16 (1) describes the market access commitments 

17 made by the foreign country under the trade agree18 ment; 

19 (2) identifies from among those commitments— 

20 (A) any commitments that are undermined 

21 by discriminatory measures imposed by the gov22 ernment of the foreign country; 

23 (B) the commitments likely to have the 

24 most significant potential to increase United 

25 States economic growth; 


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1 (C) any commitments that have the poten2 tial to have a negative impact on the mainte3 nance and creation of jobs, decent wages, and 

4 productive capacity in the United States; and 

5 (D) the commitments that have the poten6 tial to most increase the enforcement of core 

7 labor rights in the foreign country; 

8 (3) describes the actions taken by the govern9 ment of the foreign country to comply with the com10 mitments described in paragraph (1); 

11 (4) identifies any commitments described in 

12 paragraph (1) that the government of the foreign 

13 country is not implementing or making progress to14 ward implementing in a timely or effective manner; 

15 and 

16 (5) describes any actions taken by the Trade 

17 Representative to obtain the full compliance of the 

18 government of the foreign country with each com19 mitment described in paragraph (4). 

20 SEC. 6. SENSE OF CONGRESS ON IMPROVING PROCESS FOR 

21 UNITED STATES TRADE NEGOTIATIONS. 

22 It is the sense of Congress that if Congress considers 

23 legislation to provide for expedited procedures for the con24 sideration of bills to implement trade agreements, that leg25 islation should include— 


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1 (1) criteria for the President to use— 

2 (A) in determining whether a foreign coun3 try with which the United States is negotiating 

4 a trade agreement— 

5 (i) will be able to meet its obligations 

6 under the trade agreement; and 

7 (ii) provides, or will provide, opportu8 nities for exports from the United States 

9 that country of products that have the 

10 same physical characteristics and uses as 

11 products imported into the United States 

12 from the country for which the duty will be 

13 modified under the trade agreement; 

14 (B) in making the assessments and certifi15 cations required by sections 3 and 4; 

16 (2) a process by which the appropriate congres17 sional committees review and verify the determina18 tions of the President described in paragraph (1); 

19 (3) requirements for consultation with Congress 

20 during trade negotiations that require more frequent 

21 consultations than required by the Bipartisan Trade 

22 Promotion Authority Act of 2002 (19 U.S.C. 3801 

23 et seq.), including a process for consultation with 

24 any committee of Congress with jurisdiction over 

25 any area covered by the negotiations; 


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1 (4) binding negotiating objectives and require2 ments outlining what must and must not be included 

3 in a trade agreement, including the provisions de4 scribed in section 7; 

5 (5) a requirement that the President submit to 

6 the appropriate congressional committees, at the 

7 time the President seeks the approval of Congress to 

8 enter into a trade agreement, an assessment of each 

9 negotiating objective and requirement described in 

10 paragraph (4) and whether or not the President has 

11 met that objective or requirement; 

12 (6) a process— 

13 (A) by which a State may give informed 

14 consent to be bound by nontariff provisions in 

15 a trade agreement that relate to investment, the 

16 service sector, and procurement; and 

17 (B) that prevents a State from being 

18 bound by the provisions described in subpara19 graph (A) if the State has not consented; and 

20 (7) a requirement that a trade agreement be 

21 approved by a majority vote in both Houses of Con22 gress before the President may sign the agreement. 


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1 SEC. 7. INCLUSION OF CERTAIN PROVISIONS IN TRADE 

2 AGREEMENTS. 

3 (a) IN GENERAL.—Notwithstanding section 151 of 

4 the Trade Act of 1974 (19 U.S.C. 2191) or any other pro5 vision of law, any bill implementing a trade agreement be6 tween the United States and a foreign country that is in7 troduced in Congress after the date of the enactment of 

8 this Act shall be subject to a point of order pursuant to 

9 subsection (c) unless the trade agreement meets the re10 quirements described in subsection (b). 

11 (b) REQUIREMENTS.—Each trade agreement between 

12 the United States and a foreign country with respect to 

13 which an implementing bill is introduced on or after the 

14 date of the enactment of this Act shall meet the following 

15 requirements: 

16 (1) LABOR STANDARDS.—The labor provisions 

17 of the agreement shall— 

18 (A) be included in the core text of the 

19 agreement; 

20 (B) require each country that is a party to 

21 the agreement— 

22 (i) to adopt and maintain laws and 

23 regulations (including laws applicable to 

24 any designated zone in the country) that 

25 establish core labor rights; and 


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1 (ii) to effectively enforce laws relating 

2 to core labor rights and laws relating to 

3 acceptable conditions of work (including 

4 laws relating to minimum wages, hours of 

5 work, and occupational safety and health); 

6 (C) prohibit a country that is a party to 

7 the agreement from waiving or otherwise dero8 gating from, or offering to waive or otherwise 

9 derogate from, the country’s laws and regula10 tions relating to the core labor rights and ac11 ceptable conditions of work described in sub12 paragraph (B); 

13 (D) provide that failures to meet the labor 

14 requirements of the agreement, regardless of 

15 the effect of such failures on trade, shall be 

16 subject to the dispute resolution and enforce17 ment mechanisms and penalties of the agree18 ment; 

19 (E) provide that enforcement mechanisms 

20 and penalties for failures described in subpara21 graph (D) are included in the core text of the 

22 agreement and are at least as effective as the 

23 mechanisms and penalties that apply to the 

24 commercial provisions of the agreement; 


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1 (F) strengthen the capacity of each coun2 try that is a party to the agreement to promote, 

3 protect, and enforce core labor rights; 

4 (G) require each country that is a party to 

5 the agreement— 

6 (i) to have a national contact point for 

7 every labor complaint; and 

8 (ii) to produce a report that addresses 

9 all the issues raised in each such complaint 

10 and includes recommendations on all con11 firmed allegations, including specific rec12 ommendations for employers directly or in13 directly implicated in the complaint; and 

14 (H) require that— 

15 (i) there is a full and expeditious re16 mediation of all labor complaints; and 

17 (ii) the remediation plan is satisfac18 tory to all parties and conforms to the 

19 findings and recommendations of the na20 tional contact point described in subpara21 graph (G). 

22 (2) ENVIRONMENTAL AND PUBLIC SAFETY

23 STANDARDS.—The environmental provisions of the 

24 agreement shall— 


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1 (A) be included in the text of the agree2 ment; 

3 (B) prohibit each country that is a party 

4 to the agreement from weakening, eliminating, 

5 or failing to enforce domestic environmental or 

6 other public safety standards to promote trade 

7 or attract investment; 

8 (C) require each such country to imple9 ment and enforce fully and effectively the coun10 try’s obligations under multilateral environ11 mental agreements and provide for the enforce12 ment of such obligations under the agreement; 

13 (D) prohibit the trade of products that are 

14 illegally harvested or extracted and the trade of 

15 goods derived from illegally harvested or ex16 tracted natural resources, including timber and 

17 timber products, fish, wildlife, and associated 

18 products, mineral resources, or other environ19 mentally sensitive goods; 

20 (E) provide that the failure to meet the en21 vironmental standards required by the agree22 ment be subject to dispute resolution and en23 forcement mechanisms and penalties that are at 

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1 alties that apply to the commercial provisions of 

2 the agreement; and 

3 (F) allow each country that is a party to 

4 the agreement to adopt and implement environ5 mental, health, and safety standards, recog6 nizing the legitimate right of governments to 

7 protect the environment and public health and 

8 safety. 

9 (3) FOOD AND PRODUCT HEALTH AND SAFETY

10 STANDARDS.—If the agreement contains provisions 

11 relating to health and safety standards or labeling 

12 requirements for food and other products, the agree13 ment shall— 

14 (A) establish that food, feed, food ingredi15 ents, and other products relating to food may 

16 be imported into the United States from a 

17 country that is a party to the agreement only 

18 if such food and related products meet or ex19 ceed United States laws and regulations with 

20 respect to food safety, pesticides, inspections, 

21 packaging, and labeling; 

22 (B) establish that nonfood products may 

23 be imported into the United States from a 

24 country that is a party to the agreement only 

25 if such products meet or exceed United States 


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1 laws and regulations with respect to health and 

2 safety, inspection, packaging, and labeling; 

3 (C) authorize the Commissioner of Food 

4 and Drugs (in this section referred to as the 

5 ‘‘Commissioner’’) and the Consumer Product 

6 Safety Commission (in this section referred to 

7 as the ‘‘Commission’’) to assess the regulatory 

8 system of each country that is a party to the 

9 agreement to determine whether the regulatory 

10 system of that country provides the same or 

11 better protection of health and safety for food 

12 and other products as provided under the regu13 latory system of the United States; 

14 (D) if the Commissioner or the Commis15 sion determines that the regulatory system of a 

16 country does not provide the same or better 

17 protection of health and safety for food and 

18 other products as provided under the regulatory 

19 system of the United States, provide that the 

20 President may temporarily suspend the impor21 tation into the United States of food and other 

22 products from that country; 

23 (E) provide a process for inspecting and 

24 approving facilities in countries to ensure that 

25 those facilities meet the requirements under 


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1 United States laws and regulations with respect 

2 to health and safety in order to allow products 

3 from approved facilities to be imported into the 

4 United States; and 

5 (F) if harmonization of food or product 

6 health or safety laws and regulations is nec7 essary to facilitate trade, provide that such har8 monization shall be based on standards that are 

9 no less stringent than United States laws and 

10 regulations. 

11 (4) SERVICES PROVISIONS.—If the agreement 

12 contains provisions relating to services, such provi13 sions shall— 

14 (A) preserve the right of Federal, State, 

15 and local governments to maintain essential 

16 public services and to regulate, for the benefit 

17 of the public, services provided to consumers; 

18 (B)(i) provide that a service is not subject 

19 to the agreement unless a country that is a 

20 party to the agreement establishes a positive 

21 list of each service sector that will be subject to 

22 the obligations of the country under the agree23 ment; and 


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1 (ii) apply the agreement only to the service 

2 sectors that are on the list described in clause 

3 (i); 

4 (C) establish a general exception to the 

5 market access obligations contained in the 

6 agreement by allowing a country that is a party 

7 to the agreement to maintain or establish a ban 

8 on services that the country considers harmful 

9 to public health or safety, the environment, or 

10 public morals if the ban is applied to both do11 mestic and foreign services and service pro12 viders; 

13 (D) require service providers in a country 

14 that is a party to the agreement that provide 

15 services through a commercial presence in the 

16 United States to consumers in the United 

17 States to comply with applicable United States 

18 environmental, land use, safety, privacy, trans19 parency, professional qualification, and con20 sumer access laws and regulations; 

21 (E) require that services provided to con22 sumers in the United States that would be sub23 ject to privacy laws and regulations in the 

24 United States may be provided only by service 

25 providers in other countries if those countries 


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1 have privacy protections and protections regard2 ing confidential information that are equal to or 

3 exceed the protections provided by United 

4 States privacy laws and regulations; 

5 (F) provide that privatization of public 

6 services in any country that is a party to the 

7 agreement or the deregulation of a service is 

8 not required, including services relating to na9 tional security, social security, health, public 

10 safety, education, water, sanitation, other utili11 ties, ports, or transportation; and 

12 (G) provide that local governments are not 

13 subject to the service sector obligations under 

14 the agreement. 

15 (5) INVESTMENT PROVISIONS.—If the agree16 ment contains provisions relating to investment, 

17 such provisions shall— 

18 (A) preserve the ability of each country 

19 that is a party to the agreement to regulate for20 eign investment in a manner consistent with the 

21 needs and priorities of the country; 

22 (B) preserve the ability of each country to 

23 place prudential restrictions on speculative cap24 ital, including through the use of capital con25 trols, to promote financial stability; 


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1 (C) ensure that foreign investors operating 

2 in the United States are not afforded greater 

3 procedural or substantive rights under the trade 

4 agreement than those afforded to domestic in5 vestors under the Constitution and laws of the 

6 United States; 

7 (D) ensure that the adoption or application 

8 by any government of a nondiscriminatory 

9 measure intended to serve a public purpose is 

10 not prohibited by the agreement and is not a 

11 violation of the agreement; 

12 (E) provide that the term ‘‘investment’’ 

13 means only a commitment of capital or the ac14 quisition of real property as understood under 

15 the laws of the country that is a party to the 

16 agreement and excludes the assumption of risk 

17 or expectation of gain or profit; 

18 (F) provide that the term ‘‘investor’’ 

19 means only a person who makes a commitment 

20 or an acquisition described in subparagraph 

21 (E); 

22 (G) limit protections against expropriations 

23 to direct expropriation of real property and pro24 vide that ‘‘direct expropriation’’ means govern25 ment action that does not merely diminish the 


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1 value of real property but destroys all value of 

2 the real property permanently; and 

3 (H) define the standard of minimum treat4 ment to provide that foreign investors do not 

5 have greater legal rights than United States 

6 citizens possess under the due process clause of 

7 section 1 of the 14th Amendment to the Con8 stitution of the United States. 

9 (6) PROCUREMENT STANDARDS.—If the agree10 ment contains government procurement provisions, 

11 such provisions shall— 

12 (A) provide that an industry sector, goods, 

13 and services are not subject to the agreement 

14 unless a country that is a party to the agree15 ment establishes a positive list of industry sec16 tors, goods, and services that will be subject to 

17 the obligations of the country under the agree18 ment; 

19 (B) with respect to the United States— 

20 (i) apply only to a State that specifi21 cally agrees to the agreement and only to 

22 the industry sectors, goods, and services 

23 specifically identified by the State govern24 ment; and 


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1 (ii) not apply to local governments; 

2 and 

3 (C) include only technical specifications for 

4 goods or services, or supplier qualifications or 

5 other conditions for receiving government con6 tracts, that do not undermine— 

7 (i) prevailing wage policies; 

8 (ii) recycled content policies; 

9 (iii) sustainable harvest policies; 

10 (iv) renewable energy policies; 

11 (v) human rights; or 

12 (vi) project labor agreements. 

13 (7) INTELLECTUAL PROPERTY REQUIRE14 MENTS.—If the agreement contains provisions re15 lated to the protection of intellectual property rights, 

16 such provisions shall— 

17 (A) promote adequate and effective protec18 tion of intellectual property rights; 

19 (B) include only terms relating to patents 

20 that do not, overtly or in application, limit the 

21 flexibilities and rights established in the Dec22 laration on the TRIPS Agreement and Public 

23 Health, adopted by the World Trade Organiza24 tion at the Fourth Ministerial Conference at 

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1 larly the flexibilities and rights relating to the 

2 promotion of access to medicines and the 

3 issuance of compulsory licenses on grounds de4 termined by member states; and 

5 (C) not provide a general obligation for 

6 providers of Internet information services to 

7 monitor the electronic information transmitted 

8 or stored by those providers. 

9 (8) AGRICULTURAL STANDARDS.—If the agree10 ment contains provisions relating to agriculture, 

11 such provisions shall— 

12 (A) protect the right of each country that 

13 is a party to the agreement to establish policies 

14 with respect to food and agriculture that allow 

15 for inventory management and strategic food 

16 and renewable energy reserves, if such policies 

17 do not contribute to or allow the dumping of 

18 agricultural commodities in world markets at 

19 prices lower than the cost of production; 

20 (B) protect the right of each country that 

21 is a party to the agreement to prevent dumping 

22 of agricultural commodities at below world mar23 ket prices through border regulations or other 

24 mechanisms and policies; 


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1 (C) ensure adequate and affordable sup2 plies of safe food for consumers; 

3 (D) protect the right of each country that 

4 is a party to the agreement to encourage land 

5 and water conservation through the use of best 

6 practices with respect to the management and 

7 production of agricultural commodities; and 

8 (E) ensure fair treatment of farm laborers 

9 in each such country. 

10 (9) TRADE REMEDIES AND SAFEGUARDS.—If 

11 the agreement contains trade remedy provisions, 

12 such provisions shall— 

13 (A) preserve fully the ability of the United 

14 States to enforce the trade laws of the United 

15 States, including antidumping and counter16 vailing duty laws and safeguard laws; 

17 (B) ensure the continued effectiveness of 

18 domestic and international prohibitions on un19 fair trade, especially prohibitions on dumping 

20 and subsidies, and domestic and international 

21 safeguard provisions; 

22 (C) establish mechanisms to address and 

23 remedy market distortions that lead to dumping 

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1 posing strong sanctions against subsidies, in2 cluding applying countervailing duty laws in 

3 cases in which exporters receive tax rebates for 

4 indirect taxes upon exportation; 

5 (D) allow the United States to maintain 

6 adequate safeguards to ensure that surges of 

7 imported goods do not result in economic bur8 dens on workers, firms, or farmers in the 

9 United States, including providing that such 

10 safeguards go into effect automatically based on 

11 certain criteria; 

12 (E) establish mechanisms by which coun13 tries that are parties to the agreement may as14 sess the trade consequences of significant cur15 rency movements and determine whether the 

16 currency of a country that is a party to the 

17 agreement is deliberately misaligned to gain a 

18 competitive advantage in international trade; 

19 and 

20 (F) establish safeguard remedies that 

21 apply automatically to offset substantial and 

22 sustained currency movements in cases in which 

23 the currency of such a country is deliberately 

24 misaligned. 


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1 (10) STATE-OWNED ENTERPRISES.—If the 

2 agreement contains provisions relating to state3 owned enterprises, such provisions shall— 

4 (A) require each state-owned enterprise to 

5 act solely in a manner consistent with commer6 cial considerations in all of its investments, op7 erations, and other activities in the territory of 

8 another country that is a party to the agree9 ment; 

10 (B) require each country that is a party to 

11 the agreement to refrain from providing to any 

12 of its state-owned enterprises subsidies, or other 

13 benefits not generally available on commercial 

14 terms, that provide an advantage to the enter15 prise or its operations with respect to any in16 vestment, operation, or other activity in the ter17 ritory of another country that is a party to the 

18 agreement; 

19 (C) not restrict temporary measures taken 

20 by a country that is a party to the agreement 

21 that the country determines are necessary to 

22 safeguard an essential economic or security in23 terest of that country; and 

24 (D) require each country that is a party to 

25 the agreement to make public an annual report 


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1 with respect to each state-owned enterprise that 

2 invests in or conducts operations or other ac3 tivities in the territory of another country that 

4 is a party to the agreement that— 

5 (i) describes in detail the governing 

6 structure of the enterprise; 

7 (ii) identifies the share of the interests 

8 in the capital structure of the enterprise 

9 held by the government of the country; 

10 (iii) identifies the members of the 

11 board of directors of the enterprise; and 

12 (iv) identifies the annual revenue and 

13 total assets of the enterprise. 

14 (11) DISPUTE RESOLUTION AND ENFORCEMENT

15 PROVISIONS.—If the agreement contains provisions 

16 relating to dispute resolution, such provisions 

17 shall— 

18 (A) incorporate the due process protections 

19 of the Constitution of the United States, as well 

20 as provisions relating to access to documents, 

21 open hearings, transparency, and fair and im22 partial tribunals; 

23 (B) require that any dispute settlement 

24 panel, including an appellate panel, dealing with 

25 intellectual property rights or environmental, 


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1 health, labor, and other public law issues in2 clude panelists with expertise in the issues that 

3 are the subject of the dispute; and 

4 (C) provide that dispute resolution pro5 ceedings are open to the public and provide 

6 timely public access to information regarding 

7 enforcement, disputes, and ongoing negotiations 

8 relating to disputes. 

9 (12) TECHNICAL ASSISTANCE.—If the agree10 ment contains technical assistance provisions, such 

11 provisions shall— 

12 (A) be designed to raise standards in de13 veloping countries by providing assistance in a 

14 manner that ensures diversity of development; 

15 (B) be designed to empower civil society 

16 and democratic governments to create sustain17 able, vibrant economies and respect basic 

18 rights; and 

19 (C) not supplant economic assistance or 

20 promote the exportation of goods produced with 

21 the exploitation of labor or methods that involve 

22 the unsustainable use of natural resources. 

23 (13) EXCEPTIONS FOR NATIONAL SECURITY

24 AND OTHER REASONS.—Each agreement shall— 


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1 (A) include an essential security exception 

2 to the provisions of the agreement that permits 

3 a country that is a party to the agreement to 

4 apply measures that the country considers nec5 essary for the maintenance or restoration of 

6 international peace or security or the protection 

7 of its essential security interests; and 

8 (B) include a provision that gives priority 

9 to the implementation of bilateral or multilat10 eral agreements relating to public health, 

11 human and labor rights, the environment, or 

12 other public interest goals in the event of any 

13 inconsistency between the trade agreement and 

14 such bilateral or multilateral agreement. 

15 (14) FEDERALISM.—The trade agreement may 

16 require a State government in the United States to 

17 comply with procurement, investment, or services 

18 provisions contained in the trade agreement only if 

19 the State government has been consulted in full and 

20 has given explicit consent to be bound by such provi21 sions. 

22 (c) POINT OF ORDER IN SENATE.—The Senate shall 

23 cease consideration of a bill to implement a trade agree24 ment introduced on or after the date of the enactment of 

25 this Act if— 


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1 (1) a point of order is made by any Senator 

2 against the bill based on the noncompliance of the 

3 trade agreement with the requirements of subsection 

4 (b); and 

5 (2) the point of order is sustained by the Pre6 siding Officer. 

7 (d) WAIVERS AND APPEALS.— 

8 (1) WAIVERS.—Before the Presiding Officer 

9 rules on a point of order described in subsection (c), 

10 any Senator may move to waive the point of order 

11 and the motion to waive shall not be subject to 

12 amendment. A point of order described in subsection 

13 (c) is waived only by the affirmative vote of 60 

14 Members of the Senate, duly chosen and sworn. 

15 (2) APPEALS.—After the Presiding Officer 

16 rules on a point of order described in subsection (c), 

17 any Senator may appeal the ruling of the Presiding 

18 Officer on the point of order as it applies to some 

19 or all of the provisions on which the Presiding Offi20 cer ruled. A ruling of the Presiding Officer on a 

21 point of order described in subsection (c) is sus22 tained unless 60 Members of the Senate, duly cho23 sen and sworn, vote not to sustain the ruling. 

24 (3) DEBATE.—Debate on the motion to waive 

25 under paragraph (1) or on an appeal of the ruling 


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1 of the Presiding Officer under paragraph (2) shall 

2 be limited to 1 hour. The time shall be equally di3 vided between, and controlled by, the majority leader 

4 and the minority leader of the Senate, or their des5 ignees. 

6 SEC. 8. IMPROVED COORDINATION OF EXPORT PRO7 MOTION ACTIVITIES OF FEDERAL AGENCIES 

8 BY THE TRADE PROMOTION COORDINATING 

9 COMMITTEE. 

10 (a) DUTIES OF TPCC.—Section 2312(b) of the Ex11 port Enhancement Act of 1988 (15 U.S.C. 4727(b)) is 

12 amended— 

13 (1) in paragraph (5), by striking ‘‘; and’’ and 

14 inserting ‘‘, including a recommendation for the uni15 fied Federal trade promotion budget required by 

16 subsection (c)(4);’’; 

17 (2) by redesignating paragraph (6) as para18 graph (7); and 

19 (3) by inserting after paragraph (5) the fol20 lowing: 

21 ‘‘(6) in conducting assessments under para22 graph (5), review the proposed budget for a fiscal 

23 year of each agency with responsibility for export 

24 promotion or export financing activities before the 

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1 ment and Budget and the President for inclusion in 

2 the budget of the President for that fiscal year to 

3 be submitted to Congress under section 1105(a) of 

4 title 31, United States Code; and’’. 

5 (b) STRATEGIC PLAN.—Section 2312(c) of the Ex6 port Enhancement Act of 1988 (15 U.S.C. 4727(c)) is 

7 amended— 

8 (1) by redesignating paragraphs (3), (4), (5), 

9 and (6) as paragraphs (4), (6), (7), and (8), respec10 tively; 

11 (2) in paragraph (2), by inserting after ‘‘coordi12 nation of such activities’’ the following: ‘‘, based on 

13 consultations with, and recommendations from, a 

14 representative number of United States exporters 

15 and other types of export-related businesses’’; 

16 (3) by inserting after paragraph (2) the fol17 lowing: 

18 ‘‘(3) identify countries with which the United 

19 States could negotiate trade agreements to increase 

20 United States exports;’’; 

21 (4) by inserting after paragraph (4), as redesig22 nated, the following: 

23 ‘‘(5) identify areas in which the TPCC can 

24 maximize existing partnerships with agencies by 

25 granting the TPCC the ability to partner with a 


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1 partner of an agency that is a member of the TPCC 

2 without requiring an additional memorandum of un3 derstanding between the TPCC and that partner;’’; 

4 (5) in paragraph (7), as redesignated, by strik5 ing ‘‘; and’’ and inserting a semicolon; 

6 (6) in paragraph (8), as redesignated, by strik7 ing the period and inserting a semicolon; and 

8 (7) by adding at the end the following: 

9 ‘‘(9) review and propose means to improve edu10 cational outreach to small- and medium-sized busi11 nesses with respect to the resources available 

12 through the TPCC and agencies that are members 

13 of the TPCC, including by consulting with, and con14 sidering recommendations from, United States ex15 porters and the Small Business Administration with 

16 respect to improving outreach by the TPCC; and 

17 ‘‘(10) clearly describe the role of each agency 

18 that is a member of the TPCC and the responsibility 

19 of each such agency for export promotion and export 

20 financing.’’. 

21 (c) EXPORT.GOV; REGULATIONS.—Section 2312 of 

22 the Export Enhancement Act of 1988 (15 U.S.C. 4727) 

23 is amended by adding at the end the following: 

24 ‘‘(g) INFORMATION AVAILABLE ON EXPORT.GOV.— 

25 The TPCC shall coordinate with the agencies that are 


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1 members of the TPCC to publish information relevant to 

2 export promotion and export financing on Export.gov (or 

3 a successor website), including— 

4 ‘‘(1) the information described in subsection 

5 (c)(10); and 

6 ‘‘(2) detailed information on ongoing and an7 ticipated trade missions, trade fairs, and related 

8 Federal and State export promotion and export fi9 nancing activities. 

10 ‘‘(h) EXECUTIVE ORDER AND REGULATIONS.—Not 

11 later than 18 months after the date of the enactment of 

12 the 21st Century Trade Agreements and Market Access 

13 Act, the President shall issue an executive order and such 

14 regulations as are necessary to provide the chairperson of 

15 the TPCC with the authority to ensure that the TPCC 

16 carries out each of its duties under subsection (b) and de17 velops and implements the strategic plan under subsection 

18 (c).’’. 

19 SEC. 9. EFFECTIVE DEPLOYMENT OF RESOURCES OF THE 

20 UNITED STATES AND FOREIGN COMMERCIAL 

21 SERVICE. 

22 Section 2301(c)(4) of the Export Enhancement Act 

23 of 1988 (15 U.S.C. 4721(c)(4)) is amended— 


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1 (1) by redesignating subparagraphs (B) 

2 through (F) as subparagraphs (C) through (G), re3 spectively; 

4 (2) by striking ‘‘(4) FOREIGN OFFICES.—(A) 

5 The Secretary may’’ and inserting the following: 

6 ‘‘(4) FOREIGN OFFICES.—(A)(i) The Secretary 

7 shall conduct a global assessment of overseas mar8 kets to identify the markets with the greatest poten9 tial for increasing United States exports and rede10 ploy Commercial Service personnel and other re11 sources on the basis of the global assessment. 

12 ‘‘(ii) The assessment conducted under clause (i) 

13 shall take into consideration recommendations from 

14 a representative number of United States exporters. 

15 ‘‘(iii) Not later than 180 days after the date of 

16 the enactment of the 21st Century Trade Agree17 ments and Market Access Act, the Secretary shall 

18 submit to Congress a report on the results of the 

19 first global assessment conducted under clause (i) 

20 and a plan for the redeployment of Commercial 

21 Service personnel and other resources on the basis 

22 of the global assessment. 

23 ‘‘(iv) The Secretary shall conduct a global as24 sessment and redeployment described in clause (i) 

25 not less frequently than once in every 5-year period. 


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1 ‘‘(B) The Secretary may’’; and 

2 (3) in subparagraph (F), as redesignated, by 

3 striking ‘‘is authorized, upon the request of the Sec4 retary, to provide’’ and inserting ‘‘shall, upon the re5 quest of the Secretary, provide’’. 

6 SEC. 10. STRENGTHENED COMMERCIAL DIPLOMACY TO IN7 CREASE UNITED STATES EXPORTS. 

8 (a) DEVELOPMENT OF PLAN.—Section 207(c) of the 

9 Foreign Service Act of 1980 (22 U.S.C. 3927(c)) is 

10 amended— 

11 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(2)(A) Each chief of mission to a foreign country 

14 shall develop a plan for effective diplomacy to remove or 

15 reduce obstacles to exports of United States goods and 

16 services, in consultation with— 

17 ‘‘(i) the ambassador of the United States to the 

18 country; 

19 ‘‘(ii) the Assistant Secretary of Commerce and 

20 Director General of the Commercial Service (estab21 lished by section 2301(a)(2) of the Export Enhance22 ment Act of 1988 (15 U.S.C. 4721(a)(2))); 

23 ‘‘(iii) the heads of other Federal agencies with 

24 export promotion programs, acting through the 

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1 lished by section 2312 of the Export Enhancement 

2 Act of 1988 (15 U.S.C. 4727)); and 

3 ‘‘(iv) the trade advisory committees authorized 

4 by paragraphs (1) and (2) of section 135(c) of the 

5 Trade Act of 1974 (19 U.S.C. 2155(c)), if those 

6 committees request consultation. 

7 ‘‘(B) The chief of mission shall submit the plan re8 quired by subparagraph (A) to the Secretary for review 

9 by the Secretary before implementing the plan.’’. 

10 (b) ASSESSMENTS AND PROMOTIONS.—Section 

11 603(a) of the Foreign Service Act of 1980 (22 U.S.C. 

12 4003(a)) is amended in the second sentence by inserting 

13 after ‘‘disciplinary actions,’’ the following: ‘‘assessments 

14 (with respect to members of the Service with responsibil15 ities relating to economic affairs) of the effectiveness of 

16 efforts to promote the exportation of United States goods 

17 and services in accordance with plans developed pursuant 

18 to section 207(c)(2),’’. 

19 (c) INSPECTOR GENERAL.—Section 209(b) of the 

20 Foreign Service Act of 1980 (22 U.S.C. 3929(b)) is 

21 amended— 

22 (1) in paragraph (4), by striking ‘‘; and’’ and 

23 inserting a semicolon; 

24 (2) by redesignating paragraph (5) as para25 graph (6); and 


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1 (3) by inserting after paragraph (4) the fol2 lowing new paragraph: 

3 ‘‘(5) the effectiveness of diplomacy relating to the 

4 promotion of exports of United States goods and services; 

5 and’’. 

Æ 


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