II 

112TH CONGRESS 

1ST SESSION S. 98 

To renew trade promotion authority, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25 (legislative day, JANUARY 5), 2011 

Mr. PORTMAN (for himself and Mr. LIEBERMAN) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To renew trade promotion authority, 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 ‘‘Creating American 

5 Jobs through Exports Act of 2011’’. 

6 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 

9 (1) President Barack Obama launched the Na10 tional Export Initiative under Executive Order 

11 13534 (75 Fed. Reg. 12433), an ambitious plan to 

12 double exports within 5 years and boost the domiVerDate Mar 15 2010 02:23 Jan 29, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S98.IS S98

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1 nant goods, agriculture, and services sectors of the 

2 United States by leveraging the power of global mar3 kets to create more jobs in the United States. 

4 (2) The United States leads all other countries 

5 with respect to the exportation of goods and serv6 ices, with total exports valued at almost 

7 $1,600,000,000,000 in 2009. 

8 (3) Exports of goods and services from the 

9 United States supported more than 10,000,000 jobs 

10 in 2008. 

11 (4) United States exports exceeded 12 percent 

12 of the gross domestic product in the first half of 

13 2010. 

14 (5) Ninety-five percent of the world population 

15 lives outside the United States, and it is essential 

16 that businesses based in the United States have the 

17 ability to access global customers on a level playing 

18 field. 

19 (6) Exports from the United States face bar20 riers at every turn and a recent study found that ex21 ports from 120 other countries face fewer barriers 

22 than exports from the United States, effectively 

23 making goods manufactured in the United States, 

24 corn, hogs, and soybeans raised in the United 

25 States, and services based in the United States more 


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1 expensive than comparable exports from other coun2 tries. 

3 (7) Ninety percent of products imported into 

4 the United States from Colombia and Panama enter 

5 the United States duty-free, while the 10,000 United 

6 States businesses, 85 percent of which are small- or 

7 medium-sized businesses, that export to those mar8 kets face high tariffs. 

9 (8) The Office of the United States Trade Rep10 resentative estimates that the pending United 

11 States–Korea Free Trade Agreement will increase 

12 annual exports of goods from the United States by 

13 up to $11,000,000,000, support at least 70,000 jobs 

14 in the United States, and allow providers of services 

15 based in the United States to compete in the serv16 ices market of South Korea, which is valued at more 

17 than $500,000,000,000. 

18 (9) The European Union, whose companies 

19 compete head-to-head with United States employers 

20 globally, has completed free trade negotiations with 

21 Colombia, South Korea, and Panama, and delay in 

22 the implementation of the free trade agreements be23 tween those countries and the United States will re24 sult in a loss in the competitiveness of exports from 

25 United States in those markets when those counVerDate Mar 15 2010 02:23 Jan 29, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S98.IS S98

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1 tries’ agreements with the European Union go into 

2 effect. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) the President should continue the National 

6 Export Initiative to increase global export and in7 vestment opportunities for the businesses that create 

8 jobs in the United States; and 

9 (2) the President should submit the United 

10 States–Korea Free Trade Agreement, the United 

11 States–Colombia Trade Promotion Agreement, and 

12 the United States–Panama Trade Promotion Agree13 ment to Congress, and Congress should approve 

14 those agreements, to create jobs in the United 

15 States and stimulate the economy by eliminating the 

16 barriers to trade faced by United States exports that 

17 result in the loss of jobs in the United States. 

18 SEC. 3. RENEWAL OF TRADE PROMOTION AUTHORITY. 

19 (a) IN GENERAL.—Section 2103 of the Bipartisan 

20 Trade Promotion Authority Act of 2002 (19 U.S.C. 3803) 

21 is amended— 

22 (1) in subsection (a)(1), by striking subpara23 graph (A) and inserting the following: 

24 ‘‘(A) may enter into trade agreements with 

25 foreign countries— 


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1 ‘‘(i) on and after the date of the en2 actment of the Creating American Jobs 

3 through Exports Act of 2011 and before 

4 July 1, 2016; or 

5 ‘‘(ii) on and after July 1, 2016, and 

6 before July 1, 2018, if trade authorities 

7 procedures are extended under subsection 

8 (c); and’’; 

9 (2) in subsection (b)(1), by striking subpara10 graph (C) and inserting the following: 

11 ‘‘(C) The President may enter into a trade 

12 agreement under this paragraph— 

13 ‘‘(i) on and after the date of the enactment 

14 of the Creating American Jobs through Exports 

15 Act of 2011 and before July 1, 2016; or 

16 ‘‘(ii) on and after July 1, 2016, and before 

17 July 1, 2018, if trade authorities procedures 

18 are extended under subsection (c).’’; and 

19 (3) in subsection (c)— 

20 (A) in paragraph (1)— 

21 (i) in subparagraph (A), by striking 

22 ‘‘before July 1, 2005’’ and inserting ‘‘on 

23 and after the date of the enactment of the 

24 Creating American Jobs through Exports 

25 Act of 2011 and before July 1, 2016’’; and 


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1 (ii) in subparagraph (B)— 

2 (I) in the matter preceding clause 

3 (i), by striking ‘‘after June 30, 2005, 

4 and before July 1, 2007’’ and insert5 ing ‘‘on or after July 1, 2016, and be6 fore July 1, 2018’’; and 

7 (II) in clause (ii), by striking 

8 ‘‘July 1, 2005’’ and inserting ‘‘July 1, 

9 2016’’; 

10 (B) in paragraph (2), in the matter pre11 ceding subparagraph (A), by striking ‘‘April 1, 

12 2005’’ and inserting ‘‘April 1, 2016’’; 

13 (C) in paragraph (3)— 

14 (i) in subparagraph (A), in the matter 

15 preceding clause (i), by striking ‘‘June 1, 

16 2005’’ and inserting ‘‘June 1, 2016’’; and 

17 (ii) in subparagraph (B)— 

18 (I) by striking ‘‘June 1, 2005’’ 

19 and inserting ‘‘June 1, 2016’’; and 

20 (II) by striking ‘‘the date of en21 actment of this Act’’ and inserting 

22 ‘‘the date of the enactment of the Cre23 ating American Jobs through Exports 

24 Act of 2011’’; and 


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1 (D) in paragraph (5), by striking ‘‘June 

2 30, 2005’’ each place it appears and inserting 

3 ‘‘June 30, 2016’’. 

4 (b) TREATMENT OF CERTAIN TRADE AGREEMENTS

5 FOR WHICH NEGOTIATIONS HAVE ALREADY BEGUN.— 

6 Section 2106 of the Bipartisan Trade Promotion Author7 ity Act of 2002 (19 U.S.C. 3806) is amended by striking 

8 ‘‘applies—’’ and all that follows through the end period 

9 and inserting ‘‘applies results from negotiations that were 

10 commenced before the date of the enactment of the Cre11 ating American Jobs through Exports Act of 2011, sub12 section (b) shall apply.’’. 

Æ 


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