II 

116TH CONGRESS 

1ST SESSION S. 1747 

To require that any trade agreement eligible for expedited consideration 

by Congress include enforceable standards requiring paying adequate 

wages and maintaining sustainable production methods, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 5, 2019 

Mr. MERKLEY (for himself, Ms. BALDWIN, and Mrs. GILLIBRAND) introduced 

the following bill; which was read twice and referred to the Committee 

on Finance 

A BILL 

To require that any trade agreement eligible for expedited 

consideration by Congress include enforceable standards 

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

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

3 SECTION 1. SHORT TITLE. 

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

5 in Global Trade Act of 2019’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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

2 wages’’— 

3 (A) means compensation for a regular 

4 work week that is sufficient to meet the basic 

5 needs of the employee and any dependents of 

6 the employee, including reasonable discretionary 

7 income; and 

8 (B) includes, at a minimum— 

9 (i) the payment of the higher of the 

10 minimum wage or the appropriate pre11 vailing wage; 

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

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

16 (iii) the provision of such benefits as 

17 are required by law or contract. 

18 (2) SUSTAINABLE PRODUCTION METHODS.— 

19 The term ‘‘sustainable production methods’’— 

20 (A) means the application of technologies 

21 and methods that are necessary to provide for 

22 workplace safety, toxic waste control, control of 

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

24 and the reasonable conservation of energy and 


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1 natural resources, taking into account local 

2 standards and conditions; and 

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

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

6 United States. 

7 SEC. 3. INELIGIBILITY FOR EXPEDITED CONSIDERATION 

8 BY CONGRESS OF CERTAIN TRADE AGREE9 MENTS. 

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

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

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

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

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

21 pay adequate wages and maintain sustainable production 

22 methods. 

23 (b) REQUIREMENTS.—For purposes of subsection 

24 (a), a trade agreement does not include binding and enVerDate Sep 11 2014 00:31 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1747.IS S1747

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

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

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

6 receive adequate wages and sustainable production 

7 methods are maintained; 

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

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

12 (3) require the parties to establish a precertifi13 cation system described in subsection (d). 

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

16 antidumping and countervailing duty laws described in 

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

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

19 (1) CALCULATION OF NORMAL VALUE.—The 

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

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

23 the estimated cost of producing the merchandise 

24 under conditions under which all employees receive 


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1 adequate wages and sustainable production methods 

2 are maintained. 

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

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

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

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

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

9 to demonstrate that the party is materially injured 

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

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

14 issued under subsection (d); or 

15 (B) the estimated cost under paragraph 

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

20 the cost of producing the merchandise in the 

21 United States. 

22 (d) PRECERTIFICATION SYSTEMS DESCRIBED.— 

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

24 described in this subsection if the system provides 

25 for the following: 


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1 (A) EXPORTER- OR PRODUCER-SPECIFIC

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

4 that is a party to a trade agreement that meets 

5 the requirements of subsection (a) from another 

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

8 that is a party to the trade agreement that all 

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

16 producer, upon request, a precertification that 

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

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

21 (B) COUNTRY PRECERTIFICATION.—The 

22 appropriate official of a country that is a party 

23 to a trade agreement that meets the require24 ments of subsection (a) may issue a precertifi25 cation for all merchandise imported from anVerDate Sep 11 2014 00:31 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1747.IS S1747

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1 other country if the government of that other 

2 country maintains and enforces laws requiring 

3 all producers of such merchandise in that other 

4 country to pay employees adequate wages and 

5 to maintain sustainable production methods. 

6 (C) SAFE HARBOR.—If the appropriate of7 ficial of a country that is a party to a trade 

8 agreement that meets the requirements of sub9 section (a) issues a precertification under sub10 paragraph (A) or (B), merchandise to which the 

11 precertification applies shall not be subject to 

12 an antidumping duty solely because a petition 

13 seeking the imposition of an antidumping duty 

14 filed with respect to the merchandise alleges 

15 that the merchandise was not produced under 

16 conditions under which all employees receive 

17 adequate wages and sustainable production 

18 methods are maintained. 

19 (D) CHALLENGING PRECERTIFICATION.— 

20 An interested party that files a petition seeking 

21 the imposition of an antidumping duty with re22 spect to merchandise covered by a precertifica23 tion issued under subparagraph (A) or (B) 

24 bears the burden of proving that the merchan25 dise was not produced under conditions under 


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1 which all employees receive adequate wages and 

2 sustainable production methods are maintained. 

3 (2) USE OF THIRD-PARTY STANDARDS.— 

4 (A) IN GENERAL.—In implementing a 

5 trade agreement that meets the requirements of 

6 subsection (a) with respect to the United 

7 States, the Secretary of Commerce, the Sec8 retary of Labor, and the Administrator of the 

9 Environmental Protection Agency may jointly 

10 establish procedures pursuant to which obtain11 ing certification from an organization described 

12 in subparagraph (B) may demonstrate the eligi13 bility of an exporter or producer for a 

14 precertification described in paragraph (1)(A) 

15 or the eligibility of a country for a precertifica16 tion described paragraph (1)(B). 

17 (B) ORGANIZATION DESCRIBED.—An orga18 nization described in this subparagraph is an 

19 independent third-party organization that sets 

20 standards with respect to adequate wages or 

21 sustainable production methods. 

22 (3) GUIDANCE ON COMPLIANCE.—Not later 

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

24 Act, the Secretary of Commerce shall publish in the 

25 Federal Register guidance with respect to how perVerDate Sep 11 2014 00:31 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1747.IS S1747

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1 sons producing merchandise for exportation to the 

2 United States or seeking to import such merchan3 dise into the United States may obtain a precertifi4 cation described in subparagraph (A) or (B) of para5 graph (1). 

6 (4) APPROPRIATE OFFICIAL DEFINED.—In this 

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

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

9 Secretary of Commerce; and 

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

11 is a party to a trade agreement that meets the 

12 requirements of subsection (a), an official des13 ignated by that country. 

14 (e) DETERMINATION OF COMPLIANCE.— 

15 (1) IN GENERAL.—The United States Inter16 national Trade Commission shall make a determina17 tion with respect to whether each trade agreement is 

18 in compliance with this section. 

19 (2) PUBLIC AVAILABILITY OF TRADE AGREE20 MENT.—The Commission shall make the full text of 

21 each trade agreement available to the public. 

Æ 


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