II 

110TH CONGRESS 

2D SESSION S. 3083 

To require a review of existing trade agreements and renegotiation of existing 

trade agreements based on the review, to set terms for future trade 

agreements, to express the sense of the Senate that the role of Congress 

in trade policymaking should be strengthened, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 4, 2008 

Mr. BROWN (for himself, Mr. DORGAN, Mr. FEINGOLD, Mr. CASEY, and Mr. 

WHITEHOUSE) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To require a review of existing trade agreements and renegotiation of existing trade agreements based on the review, 

to set terms for future trade agreements, to express 

the sense of the Senate that the role of Congress in 

trade policymaking should be strengthened, 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 ‘‘Trade Reform, Ac5 countability, Development, and Employment Act of 2008’’ 

6 or the ‘‘TRADE Act of 2008’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CORE LABOR STANDARDS.—The term ‘‘core 

4 labor standards’’ means the core labor rights as 

5 stated in the International Labour Organization con6 ventions dealing with— 

7 (A) freedom of association and the effec8 tive recognition of the right to collective bar9 gaining; 

10 (B) the elimination of all forms of forced 

11 or compulsory labor; 

12 (C) the effective abolition of child labor; 

13 and 

14 (D) the elimination of discrimination with 

15 respect to employment and occupation. 

16 (2) MULTILATERAL ENVIRONMENTAL AGREE17 MENTS.—The term ‘‘multilateral environmental 

18 agreements’’ means any international agreement or 

19 provision thereof to which the United States is a 

20 party and which is intended to protect, or has the 

21 effect of protecting, the environment or human 

22 health. 

23 (3) TRADE AGREEMENTS.— 

24 (A) IN GENERAL.—The term ‘‘trade agree25 ment’’ includes the following: 


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1 (i) The United States-Australia Free 

2 Trade Agreement. 

3 (ii) The United States-Morocco Free 

4 Trade Agreement. 

5 (iii) The United States-Singapore 

6 Free Trade Agreement. 

7 (iv) The United States-Chile Free 

8 Trade Agreement Implementation Act. 

9 (v) The North American Free Trade 

10 Agreement. 

11 (vi) The Agreement between the 

12 United States of America and the 

13 Hashemite Kingdom of Jordan on the Es14 tablishment of a Free Trade Area. 

15 (vii) The Dominican Republic-Central 

16 America-United States Free Trade Agree17 ment Implementation Act. 

18 (viii) The United States-Bahrain Free 

19 Trade Agreement Implementation Act. 

20 (ix) The United States-Oman Free 

21 Trade Agreement Implementation Act. 

22 (x) The Agreement on the Establish23 ment of a Free Trade Area between the 

24 Government of the United States of Amer25 ica and the Government of Israel. 


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1 (xi) The United States-Peru Trade 

2 Promotion Agreement. 

3 (B) URUGUAY ROUND AGREEMENTS.—The 

4 term ‘‘trade agreement’’ includes the following 

5 Uruguay Round Agreements: 

6 (i) The General Agreement on Tariffs 

7 and Trade (GATT 1994) annexed to the 

8 WTO Agreement. 

9 (ii) The WTO Agreement described in 

10 section 2(9) of the Uruguay Round Agree11 ments Act (19 U.S.C. 3501(9)). 

12 (iii) The agreements described in sec13 tion 101(d) of the Uruguay Round Agree14 ments Act (19 U.S.C. 3511(d)). 

15 (iv) Any multilateral agreement en16 tered into by the United States under the 

17 auspices of the World Trade Organization 

18 dealing with information technology, tele19 communications, or financial services. 

20 SEC. 3. REVIEW AND REPORT ON EXISTING TRADE AGREE21 MENTS. 

22 (a) REVIEW AND REPORT.— 

23 (1) IN GENERAL.—Not later than June 30, 

24 2010, the Comptroller General of the United States 

25 shall conduct a review of all trade agreements deVerDate Aug 31 2005 23:01 Jun 05, 2008 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3083.IS S3083

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1 scribed in section 2(3) and submit to the Congres2 sional Trade Agreement Review Committee estab3 lished under section 6 a report that includes the in4 formation described under subsections (b) and (c) 

5 and the recommendations required under subsection 

6 (d). The review shall concentrate on the effective op7 eration of the United States trade agreements pro8 gram generally. 

9 (2) COOPERATION OF AGENCIES.—The Depart10 ment of State, the Department of Agriculture, the 

11 Department of Commerce, the Department of Labor, 

12 the Department of the Treasury, the United States 

13 Trade Representative, and other executive depart14 ments and agencies shall cooperate with the Comp15 troller General and the Government Accountability 

16 Office in providing access to United States Govern17 ment officials and documents to facilitate prepara18 tion of the report. 

19 (b) INFORMATION WITH RESPECT TO TRADE

20 AGREEMENTS.—The report required by subsection (a) 

21 shall, with respect to each trade agreement described in 

22 section 2(3), to the extent practical, include the following 

23 information covering the period between the date on which 

24 the agreement entered into force with respect to the 


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1 United States and the date on which the Comptroller Gen2 eral completes the review: 

3 (1) An analysis of indicators of the economic 

4 impact of each trade agreement, such as— 

5 (A) the dollar value of goods exported from 

6 the United States and imported into the United 

7 States by sector and year; 

8 (B) the employment effects of the agree9 ment on job gains and losses in the United 

10 States by sector and changes in wage levels in 

11 the United States in dollars by sector and year; 

12 and 

13 (C) the rate of production, number of em14 ployees, and competitive position of industries 

15 in the United States significantly affected by 

16 the agreement. 

17 (2) A trend analysis of wage levels on a year18 to-year basis in— 

19 (A) each country with which the United 

20 States has a trade agreement described in sec21 tion 2(3)(A); 

22 (B) each country that is a major United 

23 States trading partner, including Belgium, 

24 Brazil, China, France, Germany, Hong Kong, 

25 India, Ireland, Italy, Japan, South Korea, MaVerDate Aug 31 2005 23:01 Jun 05, 2008 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3083.IS S3083

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1 laysia, Netherlands, Taiwan, and the United 

2 Kingdom; 

3 (C) each country with which the United 

4 States has considered establishing a free trade 

5 agreement, including South Africa and Thai6 land; and 

7 (D) each country with respect to which the 

8 United States has extended preferential trade 

9 treatment under the Caribbean Basin Economic 

10 Recovery Act (19 U.S.C. 2701 et seq.) and the 

11 Andean Trade Preference Act (19 U.S.C. 3201 

12 et seq.). 

13 (3) The effect on agriculture, including— 

14 (A) the trend of prices in the United 

15 States for agricultural commodities and food 

16 products that are imported into the United 

17 States from a country that is a party to an 

18 agreement described in section 2(3); 

19 (B) an analysis of the effects, if any, on 

20 the cost of farm programs in the United States; 

21 and 

22 (C) the number of farms operating in the 

23 United States and the number of acres under 

24 production for agricultural commodities that 

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1 try that is a party to such an agreement on a 

2 year-by-year basis. 

3 (4) An analysis of the progress in implementing 

4 trade agreement commitments and the record of 

5 compliance with the terms of each agreement in ef6 fect between the United States and a country listed 

7 in paragraph (2). 

8 (5) A description of any outstanding disputes 

9 between the United States and any country that is 

10 a party to an agreement listed in section 2(3), in11 cluding a description of laws, regulations, or policies 

12 of the United States or any State that any country 

13 that is a party to such an agreement has challenged, 

14 or threatened to challenge, under such agreement. 

15 (6) An analysis of the ability of the United 

16 States to ensure that any country with which the 

17 United States has a trade agreement described in 

18 section 2(3) complies with United States laws and 

19 regulations, including— 

20 (A) complying with the customs laws of the 

21 United States; 

22 (B) making timely payment of duties owed 

23 on goods imported into the United States; 


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1 (C) meeting safety and inspection require2 ments with respect to food and other products 

3 imported into the United States; and 

4 (D) complying with prohibitions on the 

5 transshipment of goods that are ultimately im6 ported into the United States. 

7 (7) A analysis of any privatization of public sec8 tor services in the United States or in any country 

9 that is a party to the an agreement listed in section 

10 2(3), including any effect such privatization has on 

11 the access of consumers to essential services, such as 

12 health care, electricity, gas, water, telephone service, 

13 or other utilities. 

14 (8) An assessment of the impact of the intellec15 tual property provisions of the trade agreements list16 ed in section 2(3) on access to medicines. 

17 (9) An analysis of contracts for the procure18 ment of goods or services by Federal or State gov19 ernment agencies from persons operating in any 

20 country that is a party to an agreement listed in sec21 tion 2(3). 

22 (10) An assessment of the consequences of sig23 nificant currency movements and a determination of 

24 whether the currency of a country that is a party to 

25 an agreement is misaligned deliberately to promote 


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1 a competitive advantage in international trade for 

2 that country. 

3 (c) INFORMATION ON COUNTRIES THAT ARE PAR4 TIES TO TRADE AGREEMENTS.—With respect to each 

5 country with respect to which the United States has a 

6 trade agreement in effect, the report required under sub7 section (a) shall include information regarding whether 

8 that country— 

9 (1) has a democratic form of government; 

10 (2) respects core labor standards, as defined by 

11 the Committee of Experts on the Application of Con12 ventions and Recommendations and the Conference 

13 Committee on the Application of Standards of the 

14 International Labour Organization; 

15 (3) respects fundamental human rights, as de16 termined by the Secretary of State in the annual 

17 country reports on human rights of the Department 

18 of State; 

19 (4) is designated as a country of particular con20 cern with respect to religious freedom under section 

21 402(b)(1) of the International Religious Freedom 

22 Act of 1998 (22 U.S.C. 6442(b)(1)); 

23 (5) is on a list described in subparagraph (B) 

24 or (C) of section 110(b)(1) of the Trafficking Vic25 tims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) 


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1 (commonly known as tier 2 or tier 3 of the Traf2 ficking in Persons List of the Department of State); 

3 (6) has taken effective measures to combat and 

4 prevent public and private corruption, including 

5 measures with respect to tax evasion and money 

6 laundering; 

7 (7) complies with the multilateral environmental 

8 agreements to which the country is a party; 

9 (8) has in force adequate labor and environ10 mental laws and regulations, has devoted sufficient 

11 resources to implementing such laws and regula12 tions, and has an adequate record of enforcement of 

13 such law and regulations; 

14 (9) adequately protects intellectual property 

15 rights; 

16 (10) provides for governmental transparency, 

17 due process of law, and respect for international 

18 agreements; 

19 (11) provides procedures to promote basic 

20 democratic rights, including the right to hold clear 

21 title to property and the right to a free press; and 

22 (12) poses potential concerns to the national se23 curity of the United States, including an assessment 

24 of transfer of technology, production, and services 

25 from one country to another. 


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1 (d) RECOMMENDATIONS.—Each report required 

2 under subsection (a) shall include recommendations of the 

3 Comptroller General for addressing the problems with re4 spect to an agreement identified under subsections (b) and 

5 (c). The recommendations shall include suggestions for re6 negotiating the agreement based on the requirements de7 scribed in section 4(b) and for negotiations with respect 

8 to new trade agreements. 

9 (e) CITATIONS.—The Comptroller General shall in10 clude in the report required under subsection (a) citations 

11 to the sources of data used in preparing the report and 

12 a description of the methodologies employed in preparing 

13 the report. 

14 (f) PUBLIC COMMENT.—In preparing each report re15 quired under subsection (a), the Comptroller General 

16 shall— 

17 (1) hold at least 2 hearings that are open to the 

18 public; and 

19 (2) provide an opportunity for members of the 

20 public to testify and submit written comments. 

21 (g) PUBLIC AVAILABILITY.—The report required 

22 under subsection (a) shall be made available to the public 

23 not later than 14 days after the Comptroller General com24 pletes that report. 


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1 SEC. 4. 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 another country that is intro7 duced in Congress after the date of the enactment of this 

8 Act shall be subject to a point of order pursuant to sub9 section (c) unless the trade agreement meets the require10 ments described in subsection (b). 

11 (b) REQUIREMENTS.—Each trade agreement nego12 tiated between the United States and another country 

13 shall meet the following requirements: 

14 (1) LABOR STANDARDS.—The labor provisions 

15 shall— 

16 (A) be included in the text of the agree17 ment; 

18 (B) require that a country that is party to 

19 the agreement adopt and maintain as part of 

20 its domestic law and regulations (including in 

21 any designated zone in that country), the core 

22 labor standards and effectively enforce laws di23 rectly related to those standards and to accept24 able conditions of work with respect to min25 imum wages, hours of work, and occupational 

26 safety and health; 


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

2 the agreement from waiving or otherwise dero3 gating from its laws and regulations relating to 

4 the core labor standards and acceptable condi5 tions of work with respect to minimum wages, 

6 hours of work, and occupational safety and 

7 health; 

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

9 the agreement to adopt into domestic law and 

10 enforce effectively core labor standards; 

11 (E) provide that failures to meet the labor 

12 standards required by the agreement shall be 

13 subject to dispute resolution and enforcement 

14 mechanisms and penalties that are at least as 

15 effective as the mechanisms and penalties that 

16 apply to the commercial provisions of the agree17 ment; 

18 (F) strengthen the capacity of each coun19 try that is a party to the agreement to promote 

20 and enforce core labor standards; and 

21 (G) establish a commission of independent 

22 experts who shall receive, review, and adju23 dicate any complaint filed under the labor pro24 visions of the trade agreement, and vest the 

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1 jective indicators to determine compliance with 

2 the obligations set forth in subparagraphs (B), 

3 (C), (D), (E), and (F). 

4 (2) ENVIRONMENTAL AND PUBLIC SAFETY

5 STANDARDS.—The environmental provisions shall— 

6 (A) be included in the text of the agree7 ment; 

8 (B) prohibit each country that is a party 

9 to the agreement from weakening, eliminating, 

10 or failing to enforce domestic environmental or 

11 other public safety standards to promote trade 

12 or attract investment; 

13 (C) require each such country to imple14 ment and enforce fully and effectively, including 

15 through domestic law, the country’s obligations 

16 under multilateral environmental agreements 

17 and provide for the enforcement of such obliga18 tions under the agreement; 

19 (D) prohibit the trade of products that are 

20 illegally harvested or extracted and the trade of 

21 goods derived from illegally harvested or ex22 tracted natural resources, including timber and 

23 timber products, fish, wildlife, and associated 

24 products, mineral resources, or other environ25 mentally sensitive goods; 


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1 (E) provide that the failure to meet the en2 vironmental standards required by the agree3 ment be subject to dispute resolution and en4 forcement mechanisms and penalties that are at 

5 least as effective as the mechanisms and pen6 alties that apply to the commercial provisions of 

7 the agreement; and 

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

9 the agreement to adopt and implement environ10 mental, health, and safety standards, recog11 nizing the legitimate right of governments to 

12 protect the environment and public health and 

13 safety. 

14 (3) FOOD AND PRODUCT HEALTH AND SAFETY

15 STANDARDS.—If the agreement contains health and 

16 safety standards for food and other products, the 

17 agreement shall— 

18 (A) establish that food, feed, food ingredi19 ents, and other related food products may be 

20 imported into the United States from a country 

21 that is a party to the agreement only if such 

22 products meet or exceed United States stand23 ards with respect to food safety, pesticides, in24 spections, packaging, and labeling; 


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1 (B) establish that nonfood products may 

2 be imported into the United States from a 

3 country that is a party to the agreement only 

4 if such products meet or exceed United States 

5 health and safety standards with respect to 

6 health and safety, inspection, packaging and la7 beling; 

8 (C) allow each country that is a party to 

9 the agreement to impose standards designed to 

10 protect public health and safety unless it can be 

11 clearly demonstrated that such standards do 

12 not protect the public health or safety; 

13 (D) authorize the Commissioner of the 

14 Food and Drug Administration (in this Act, re15 ferred to as the ‘‘Commissioner’’) and the Con16 sumer Product Safety Commission (in this Act, 

17 referred to as the ‘‘Commission’’) to assess the 

18 regulatory system of each country that is a 

19 party to the agreement to determine whether 

20 the system provides the same or better protec21 tion of health and safety for food and other 

22 products as provided under the regulatory sys23 tem of the United States; 

24 (E) if the Commissioner or the Commis25 sion determines that the regulatory system of 


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1 such a country does not provide the same or 

2 better protection of health and safety for food 

3 and other products as provided under the regu4 latory system of the United States, prohibit the 

5 importation into the United States of food and 

6 other products from that country; 

7 (F) provide a process by which producers 

8 from countries whose standards are not found 

9 by the Commissioner or the Commission to 

10 meet United States standards may have their 

11 facilities inspected and certified in order to 

12 allow products from approved facilities to be 

13 imported into the United States; 

14 (G) if harmonization of food or product 

15 health or safety standards is necessary to facili16 tate trade, such harmonization shall be based 

17 on standards that are no less stringent than 

18 United States standards; and 

19 (H) establish mandatory end-use labeling 

20 of imports of milk protein concentrates. 

21 (4) SERVICES PROVISIONS.—If the agreement 

22 contains provisions related to the provision of serv23 ices, such provisions shall— 

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

25 and local governments to maintain essential 


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1 public services and to regulate, for the benefit 

2 of the public, services provided to consumers in 

3 the United States by establishing a general ex4 ception to the national treatment commitments 

5 in the agreement that allows distinctions be6 tween United States and foreign service pro7 viders and qualifications or limitations on the 

8 provision of services; 

9 (B)(i) require each country that is a party 

10 to the agreement to establish a list of each serv11 ice sector that will be subject to the obligations 

12 of the country under the agreement; and 

13 (ii) apply the agreement only to the service 

14 sectors that are on the list described in clause 

15 (i); 

16 (C) establish a general exception to market 

17 access obligations that allows a country that is 

18 a party to the agreement to maintain or estab19 lish a ban on services the country considers 

20 harmful, if the ban is applied to domestic and 

21 foreign services and service providers alike; 

22 (D) require service providers in any coun23 try that is a party to the agreement that pro24 vide services to consumers in the United States 

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1 parency, professional qualification, and con2 sumer access laws and regulations; 

3 (E) require that services provided to con4 sumers in the United States that are subject to 

5 privacy laws and regulations in the United 

6 States may only be provided by service pro7 viders in other countries that provide privacy 

8 protections and protections for confidential in9 formation that are equal to or exceed the pro10 tections provided by United States privacy laws 

11 and regulations; 

12 (F) require that financial and medical 

13 services be subject to United States privacy 

14 laws and be performed only in countries that 

15 provide protections for confidential information 

16 that are equal to or exceed the protections for 

17 such information under United States privacy 

18 laws; 

19 (G) not require the privatization of public 

20 services in any country that is a party to the 

21 agreement, including services related to national 

22 security, social security, health, public safety, 

23 education, water, sanitation, other utilities, 

24 ports, or transportation; and 


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1 (H) provide for local governments to oper2 ate without being subject to market access obli3 gations under the agreement. 

4 (5) INVESTMENT PROVISIONS.—If the agree5 ment contains provisions related to investment, such 

6 provisions shall— 

7 (A) preserve the ability of each country 

8 that is a party to the agreement to regulate for9 eign investment in a manner consistent with the 

10 needs and priorities of the country; 

11 (B) allow each such country to place rea12 sonable restrictions on speculative capital to re13 duce global financial instability and trade vola14 tility; 

15 (C) not be subject to an investor-state dis16 pute settlement mechanism under the agree17 ment; 

18 (D) ensure that foreign investors operating 

19 in the United States have rights no greater 

20 than the rights provided to domestic investors 

21 by the Constitution of the United States; 

22 (E) provide for government-to-government 

23 dispute resolution relating to a government ac24 tion that destroys all value of the real property 

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1 tion between the government that took the ac2 tion and the foreign investor; 

3 (F) define the term ‘‘investment’’ to mean 

4 not more than a commitment of capital or ac5 quisition of real property and not to include as6 sumption of risk or expectation of gain or prof7 it; 

8 (G) define the term ‘‘investor’’ to mean 

9 only a person who makes a commitment or ac10 quisition described in subparagraph (F); 

11 (H) define the term ‘‘direct expropriation’’ 

12 as government action that does not merely di13 minish the value of property but destroys all 

14 value of the property permanently; 

15 (I) not provide a dispute resolution system 

16 under the agreement for the enforcement of 

17 contracts between foreign investors and the gov18 ernment of a country that is a party to the 

19 agreement relating to natural resources, public 

20 works, or other activities under government 

21 control; and 

22 (J) define the standard of minimum treat23 ment to provide no greater legal rights than 

24 United States citizens possess under the due 


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1 process clause of section 1 of the 14th amend2 ment to the Constitution of the United States. 

3 (6) PROCUREMENT STANDARDS.—If the agree4 ment contains government procurement provisions, 

5 such provisions shall— 

6 (A) require each country that is a party to 

7 the agreement to establish a list of industry 

8 sectors, goods, or services that will be subject to 

9 the national treatment and other obligations of 

10 the country under the agreement; 

11 (B) with respect to the United States, 

12 apply only to State and local governments that 

13 specifically agree to the agreement and only to 

14 the industry sectors, goods, or services specifi15 cally identified by the State government and 

16 not apply to local governments; and 

17 (C) include only technical specifications for 

18 goods or services, or supplier qualifications or 

19 other conditions for receiving government con20 tracts that do not undermine— 

21 (i) prevailing wage policies; 

22 (ii) recycled content policies; 

23 (iii) sustainable harvest policies; 

24 (iv) renewable energy policies; 

25 (v) human rights; or 


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1 (vi) labor project agreements. 

2 (7) INTELLECTUAL PROPERTY REQUIRE3 MENTS.—If the agreement contains provisions re4 lated to the protection of intellectual property rights, 

5 such provisions shall— 

6 (A) promote adequate and effective protec7 tion of intellectual property rights; 

8 (B) include only terms relating to patents 

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

10 flexibilities and rights established in the Dec11 laration on the TRIPS Agreement and Public 

12 Health, adopted by the World Trade Organiza13 tion at the Fourth Ministerial Conference at 

14 Doha, Qatar on November 14, 2001; and 

15 (C) require that any provisions relating to 

16 the patenting of traditional knowledge be con17 sistent with the Convention on Biological Diver18 sity, concluded at Rio de Janeiro June 5, 1992. 

19 (8) AGRICULTURAL STANDARDS.—If the agree20 ment contains provisions related to agriculture, such 

21 provisions shall— 

22 (A) protect the right of each such country 

23 to establish policies with respect to food and ag24 riculture that require farmers to receive fair re25 muneration for management and labor that ocVerDate Aug 31 2005 23:01 Jun 05, 2008 Jkt 069200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S3083.IS S3083

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1 curs on farms and that allow for inventory 

2 management and strategic food and renewable 

3 energy reserves, to the extent that such policies 

4 do not contribute to or allow the dumping of 

5 agricultural commodities in world markets at 

6 prices lower than the cost of production; 

7 (B) protect the right of each country that 

8 is a party to the agreement to prevent dumping 

9 of agricultural commodities at below the cost of 

10 production through border regulations or other 

11 mechanisms and policies; 

12 (C) ensure that all laws relating to anti13 trust and anti-competitive business practices re14 main fully in effect, and that their enforce15 ability is neither pre-empted nor compromised 

16 in any manner; 

17 (D) ensure adequate supplies of safe food 

18 for consumers; 

19 (E) protect the right of each country that 

20 is a party to the agreement to encourage con21 servation through the use of best practices with 

22 respect to the management and production of 

23 crops; and 

24 (F) ensure fair treatment of farm laborers 

25 in each such country. 


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1 (9) TRADE REMEDIES AND SAFEGUARDS.—If 

2 the agreement contains trade remedy provisions, 

3 such provisions shall— 

4 (A) preserve fully the ability of the United 

5 States to enforce its trade laws, including anti6 dumping and countervailing duty laws and safe7 guard laws; 

8 (B) ensure the continued effectiveness of 

9 domestic and international prohibitions on un10 fair trade, especially prohibitions on dumping 

11 and subsidies, and domestic and international 

12 safeguard provisions; 

13 (C) allow the United States to maintain 

14 adequate safeguards to ensure that surges of 

15 imported goods do not result in economic bur16 dens on workers, firms, or farmers in the 

17 United States, including providing that such 

18 safeguards go into effect automatically based on 

19 certain criteria; and 

20 (D) if the currency of a country that is a 

21 party to the agreement is deliberately mis22 aligned, establish safeguard remedies that apply 

23 automatically to offset substantial and sus24 tained currency movements. 


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1 (10) RULES OF ORIGIN PROVISIONS.—If the 

2 agreement contains provisions related to rules of ori3 gin, such provisions shall— 

4 (A) ensure, to the fullest extent prac5 ticable, that goods receiving preferential treat6 ment under the agreement are produced using 

7 inputs from a country that is a party to the 

8 agreement; and 

9 (B) ensure the effective enforcement of 

10 such provisions. 

11 (11) DISPUTE RESOLUTION AND ENFORCEMENT

12 PROVISIONS.—If the agreement contains provisions 

13 related to dispute resolution, such provisions shall— 

14 (A) incorporate the basic due process guar15 antees protected by the Constitution of the 

16 United States, including access to documents, 

17 open hearings, and conflict of interest rules for 

18 judges; 

19 (B) require that any dispute settlement 

20 panel, including an appellate panel, dealing with 

21 intellectual property rights or environmental, 

22 health, labor, and other public law issues in23 clude panelists with expertise in such issues; 

24 and 


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1 (C) provide that dispute resolution pro2 ceedings are open to the public and provide 

3 timely public access to information regarding 

4 enforcement, disputes, and ongoing negotiations 

5 related to disputes. 

6 (12) TECHNICAL ASSISTANCE.—If the agree7 ment contains technical assistance provisions, such 

8 provisions shall— 

9 (A) be designed to raise standards in de10 veloping countries by providing assistance that 

11 ensures respect for diversity of development 

12 paths; 

13 (B) be designed to empower civil society 

14 and democratic governments to create sustain15 able, vibrant economies and respect basic 

16 rights; 

17 (C) provide that technical assistance shall 

18 not supplant economic assistance; and 

19 (D) promote the exportation of goods pro20 duced with methods that support sustainable 

21 natural resources. 

22 (13) EXCEPTIONS FOR NATIONAL SECURITY

23 AND OTHER REASONS.—Each agreement shall— 

24 (A) include an essential security exception 

25 that permits a country that is a party to the 


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1 agreement to apply measures that the country 

2 considers necessary for the maintenance or res3 toration of international peace or security, or 

4 the protection of its own essential security in5 terests, including regarding infrastructure, serv6 ices, manufacturing, and other sectors; and 

7 (B) include in its list of general exceptions 

8 the following language: ‘‘Notwithstanding any 

9 other provision of this agreement, a provision of 

10 law that is nondiscriminatory on its face and 

11 relates to domestic health, consumer safety, the 

12 environment, labor rights, worker health and 

13 safety, economic equity, consumer access, the 

14 provision of goods or services, or investment, 

15 shall not be subject to challenge under the dis16 pute resolution mechanism established under 

17 this agreement, unless the primary purpose of 

18 the law is to discriminate with respect to mar19 ket access.’’. 

20 (14) FEDERALISM.—The agreement may only 

21 require a State government to comply with procure22 ment, investment, or services provisions contained in 

23 the agreement if the State government has been con24 sulted in full and has given explicit consent to be 

25 bound by such provisions. 


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

2 cease consideration of a bill to implement a trade agree3 ment if— 

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

5 against the bill based on the noncompliance of the 

6 trade agreement with the requirements of subsection 

7 (b); and 

8 (2) the point of order is sustained by the Pre9 siding Officer. 

10 (d) WAIVERS AND APPEALS.— 

11 (1) WAIVERS.—Before the Presiding Officer 

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

13 any Senator may move to waive the point of order 

14 and the motion to waive shall not be subject to 

15 amendment. A point of order described in subsection 

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

17 Members of the Senate, duly chosen and sworn. 

18 (2) APPEALS.—After the Presiding Officer 

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

20 any Senator may appeal the ruling of the Presiding 

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

22 or all of the provisions on which the Presiding Offi23 cer ruled. A ruling of the Presiding Officer on a 

24 point of order described in subsection (c) is susVerDate Aug 31 2005 23:01 Jun 05, 2008 Jkt 069200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S3083.IS S3083

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1 tained unless 60 Members of the Senate, duly cho2 sen and sworn, vote not to sustain the ruling. 

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

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

5 of the Presiding Officer under paragraph (2) shall 

6 be limited to 1 hour. The time shall be equally di7 vided between, and controlled by, the majority leader 

8 and the minority leader of the Senate, or their des9 ignees. 

10 SEC. 5. RENEGOTIATION PLAN FOR EXISTING TRADE 

11 AGREEMENTS. 

12 The President shall submit to Congress a plan to 

13 bring trade agreements in effect on the date of the enact14 ment of this Act into compliance with the requirements 

15 of section 4(b) not later than 90 days before the earlier 

16 of the day on which the President— 

17 (1) initiates negotiations with a foreign country 

18 with respect to a new trade agreement; or 

19 (2) submits a bill to Congress to implement a 

20 trade agreement. 

21 SEC. 6. ESTABLISHMENT OF CONGRESSIONAL TRADE 

22 AGREEMENT REVIEW COMMITTEE. 

23 (a) ESTABLISHMENT.—There is established a Con24 gressional Trade Agreement Review Committee. 

25 (b) FUNCTIONS.—The Committee— 


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1 (1) shall receive the report of the Comptroller 

2 General of the United States required under section 

3 3; 

4 (2) shall review the plan for bringing trade 

5 agreements into compliance with the requirements of 

6 section 4(b); and 

7 (3) may, not later than 60 days after receiving 

8 the plan described in paragraph (2), add items for 

9 renegotiation to the plan, reject recommendations in 

10 the plan, or otherwise amend the plan by a vote of 

2 11 ⁄3 of the members of the Committee. 

12 (c) APPOINTMENT AND MEMBERSHIP.—The Com13 mittee shall be composed of the chairman and ranking 

14 members of the following: 

15 (1) The Committee on Agriculture, Nutrition, 

16 and Forestry of the Senate. 

17 (2) The Committee on Banking, Housing, and 

18 Urban Affairs of the Senate. 

19 (3) The Committee on Commerce, Science, and 

20 Transportation of the Senate. 

21 (4) The Committee on Energy and Natural Re22 sources of the Senate. 

23 (5) The Committee on Environment and Public 

24 Works of the Senate. 

25 (6) The Committee on Finance of the Senate. 


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1 (7) The Committee on Foreign Relations of the 

2 Senate. 

3 (8) The Committee on Health, Education, 

4 Labor, and Pensions of the Senate. 

5 (9) The Committee on the Judiciary of the Sen6 ate. 

7 (10) The Committee on Small Business and 

8 Entrepreneurship of the Senate. 

9 (11) The Committee on Agriculture of the 

10 House of Representatives. 

11 (12) The Committee on Education and Labor 

12 of the House of Representatives. 

13 (13) The Committee on Energy and Commerce 

14 of the House of Representatives. 

15 (14) The Committee on Financial Services of 

16 the House of Representatives. 

17 (15) The Committee on Foreign Affairs of the 

18 House of Representatives. 

19 (16) The Committee on the Judiciary of the 

20 House of Representatives. 

21 (17) The Committee on Natural Resources of 

22 the House of Representatives. 

23 (18) The Committee on Small Business of the 

24 House of Representatives. 


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1 (19) The Committee on Transportation and In2 frastructure of the House of Representatives. 

3 (20) The Committee on Ways and Means of the 

4 House of Representatives. 

5 SEC. 7. SENSE OF CONGRESS REGARDING READINESS CRI6 TERIA AND IMPROVING THE PROCESS FOR 

7 UNITED STATES TRADE NEGOTIATIONS. 

8 It is the sense of Congress that if Congress considers 

9 legislation to provide for special procedures for the consid10 eration of bills to implement trade agreements, that legis11 lation shall include— 

12 (1) criteria for the President to use in deter13 mining whether a country— 

14 (A) is able to meet its obligations under a 

15 trade agreement; 

16 (B) meets the requirements described in 

17 section 3(c); and 

18 (C) is an appropriate country with which 

19 to enter into a trade agreement; 

20 (2) a process by which the Committee on Fi21 nance of the Senate and the Committee on Ways 

22 and Means of the House of Representatives review 

23 the determination of the President described in 

24 paragraph (1) to verify that the country meets the 

25 criteria; 


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1 (3) requirements for consultation with Congress 

2 during trade negotiations that require more frequent 

3 consultations than required by the Bipartisan Trade 

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

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

6 any committee of Congress with jurisdiction over 

7 any area covered by the negotiations; 

8 (4) binding negotiating objectives and require9 ments outlining what must and must not be included 

10 in a trade agreement, including the requirements de11 scribed in section 4(b); 

12 (5) a process for review and certification by 

13 Congress to ensure that the negotiating objectives 

14 described in paragraph (4) have been met during the 

15 negotiations; 

16 (6) a process— 

17 (A) by which a State may give informed 

18 consent to be bound by nontariff provisions in 

19 a trade agreement that relate to investment, the 

20 service sector, and procurement; and 

21 (B) that prevents a State from being 

22 bound by the provisions described in subpara23 graph (A) if the State has not consented; and 


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1 (7) a requirement that a trade agreement be 

2 approved by a majority vote in both Houses of Con3 gress before the President may sign the agreement. 

Æ 


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