I 
111TH CONGRESS 
1ST SESSION H. R. 3012 
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 Congress that the role of Con-
gress in trade policymaking should be strengthened, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 24, 2009 
Mr. MICHAUD (for himself, Mr. ABERCROMBIE, Mr. ALTMIRE, Mr. ARCURI, 
Mr. BACA, Ms. BALDWIN, Mr. BOCCIERI, Mr. BOSWELL, Mr. BRADY of 
Pennsylvania, Mr. BRALEY of Iowa, Mr. CAPUANO, Mr. CARNAHAN, Mr. 
CARNEY, Mr. CARSON of Indiana, Mr. CHANDLER, Mr. CHILDERS, Mr. 
CLEAVER, Mr. COHEN, Mr. CONYERS, Mr. COSTELLO, Mr. CUMMINGS, 
Mrs. DAHLKEMPER, Mr. DEFAZIO, Mr. DELAHUNT, Ms. DELAURO, Mr. 
DINGELL, Mr. DOYLE, Ms. EDWARDS of Maryland, Mr. ELLISON, Mr. 
FILNER, Ms. FUDGE, Mr. GORDON of Tennessee, Mr. GRAYSON, Mr. AL 
GREEN of Texas, Mr. GENE GREEN of Texas, Mr. GRIJALVA, Mr. 
GUTIERREZ, Mr. HALL of New York, Mr. HARE, Mr. HASTINGS of Flor-
ida, Mr. HINCHEY, Ms. HIRONO, Mr. HOLDEN, Mr. HOLT, Mr. JACKSON 
of Illinois, Ms. JACKSON-LEE of Texas, Mr. JOHNSON of Georgia, Mr. 
JONES, Mr. KAGEN, Mr. KANJORSKI, Ms. KAPTUR, Mr. KILDEE, Ms. 
KILPATRICK of Michigan, Ms. KILROY, Mr. KISSELL, Mr. KUCINICH, Mr. 
LANGEVIN, Ms. LEE of California, Mr. LIPINSKI, Mr. LOEBSACK, Mr. 
LYNCH, Mr. MASSA, Ms. MCCOLLUM, Mr. MCGOVERN, Mr. MCINTYRE, 
Mr. MOLLOHAN, Ms. MOORE of Wisconsin, Mr. PATRICK J. MURPHY of 
Pennsylvania, Mr. MURTHA, Mr. NADLER
of New York, Mrs. 
NAPOLITANO, Ms. NORTON, Mr. OBERSTAR, Mr. PALLONE, Mr. PAYNE, 
Mr. PERRIELLO, Mr. PETERS, Mr. PETERSON, Ms. PINGREE of Maine, 
Mr. RAHALL, Mr. ROSS, Mr. ROTHMAN of New Jersey, Ms. ROYBAL-AL-
LARD, Mr. RYAN of Ohio, Mr. SARBANES, Ms. SCHAKOWSKY, Mr. 
SCHAUER, Mr. SCOTT of Virginia, Ms. SHEA-PORTER, Mr. SHERMAN, 
Mr. SHULER, Ms. SLAUGHTER, Mr. SMITH of New Jersey, Mr. STUPAK, 
Ms. SUTTON, Mr. TIERNEY, Mr. TONKO, Mr. VISCLOSKY, Mr. WALZ, Ms. 
WASSERMAN SCHULTZ, Ms. WATERS, Mr. WELCH, Mr. WILSON of Ohio, 
Ms. WOOLSEY, Mr. WU, and Mr. SPRATT) introduced the following bill; 
which was referred to the Committee on Ways and Means, and in addi-
tion to the Committee on Rules, for a period to be subsequently deter-
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mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To require a review of existing trade agreements and renego-
tiation of existing trade agreements based on the review, 
to set terms for future trade agreements, to express 
the sense of the Congress that the role of Congress 
in trade policymaking should be strengthened, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Trade Reform, Ac-
countability, Development, and Employment Act of 2009’’ 
or the ‘‘TRADE Act of 2009’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) CORE LABOR STANDARDS.—The term ‘‘core 
labor standards’’ means the core labor rights as 
stated in the Conventions of the International 
Labour Organization relating to— 
(A) freedom of association and the effec-
tive recognition of the right to collective bar-
gaining; 
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(B) elimination of all forms of forced or 
compulsory labor; 
(C) effective abolition of child labor; and 
(D) elimination of discrimination with re-
spect to employment and occupation. 
(2) FUNDAMENTAL HUMAN RIGHTS.—The term 
‘‘fundamental human rights’’ means the rights enu-
merated in the United Nations Universal Declara-
tion of Human Rights. 
(3) MAJOR U.S. TRADE PARTNERS.—The term 
‘‘major U.S. trade partners’’ means Belgium, Brazil, 
the People’s Republic of China, France, Germany, 
Hong Kong, India, Ireland, Italy, Japan, the Repub-
lic of South Korea, Malaysia, the Netherlands, Tai-
wan, and the United Kingdom. 
(4) MULTILATERAL
ENVIRONMENTAL
AGREE-
MENT.—The 
term 
‘‘multilateral 
environmental 
agreement’’ means any international agreement or 
provision thereof to which the United States is a 
party and which is intended to protect, or has the 
effect of protecting, the environment or human 
health. 
(5) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, and any 
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commonwealth, territory, or possession of the United 
States. 
(6) TRADE AGREEMENTS.— 
(A) IN GENERAL.—Except as provided in 
section 4, the term ‘‘trade agreement’’ means— 
(i) the North American Free Trade 
Agreement; 
(ii) the Dominican Republic-Central 
America-United States Free Trade Agree-
ment; and 
(iii) the Agreement Between the 
United 
States 
of 
America 
and 
the 
Hashemite Kingdom of Jordan on the Es-
tablishment of a Free Trade Area. 
(B) URUGUAY ROUND AGREEMENTS.—Ex-
cept as provided in section 4, the term ‘‘trade 
agreement’’ means— 
(i) the General Agreement on Tariffs 
and Trade (GATT 1994) annexed to the 
WTO Agreement; 
(ii) the WTO Agreement described in 
section 2(9) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3501(9)); 
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(iii) any other agreement described in 
section 101(d) of the Uruguay Round 
Agreements Act (19 U.S.C. 3511(d)); and 
(iv) any multilateral agreement en-
tered into by the United States under the 
auspices of the World Trade Organization, 
including any agreement relating to infor-
mation technology, telecommunications, or 
financial services. 
SEC. 3. REVIEW AND REPORT ON EXISTING TRADE AGREE-
MENTS. 
(a) REVIEW AND REPORT.— 
(1) IN
GENERAL.—Not later than 270 days 
after the date of the enactment of this Act, and 
every 2 years thereafter, the Comptroller General of 
the United States shall— 
(A) conduct a review of all trade agree-
ments in force at the time of the review for the 
purpose of evaluating the economic, environ-
mental, national security, health, safety, and 
other effects of the trade agreements; and 
(B) submit to the Congressional Trade 
Agreement Review Committee established under 
section 6 a report that includes the information 
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described under subsections (b) and (c) and the 
recommendations required under subsection (d). 
(2) COOPERATION
OF
AGENCIES.—The Sec-
retary of State, the Secretary of Agriculture, the 
Secretary of Commerce, the Secretary of Labor, the 
Secretary of the Treasury, and the heads of other 
Federal departments and agencies shall cooperate 
with the Comptroller General for purposes of facili-
tating preparation of the report. 
(3) INFLATION-CONTROLLED
DOLLARS.—Data 
expressed in terms of United States dollars should 
be in inflation adjusted terms unless otherwise indi-
cated. 
(b) INFORMATION
WITH
RESPECT
TO
TRADE 
AGREEMENTS.—The report required by subsection (a) 
shall, with respect to each trade agreement, to the extent 
practicable, include the following information covering the 
period between the date on which the trade agreement en-
tered into force with respect to the United States and the 
date on which the Comptroller General completes the re-
view: 
(1) An analysis of indicators of the economic 
impact of each trade agreement, including the fol-
lowing: 
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(and its associated investment flows) on 
changes in relative and absolute wages and in-
come distribution by education, skill level, and 
trade-sensitivity of various sectors, controlling 
for appropriate indicators such as region, race, 
and gender. 
(C) The dollar value of domestic exports of 
the United States and imports for consumption 
into the United States delineated, to the extent 
such information is available, by— 
(i) 
Standard 
International 
Trade 
Classification (SITC)-5, 
(ii) Standard Industrial Classification 
(SIC)-4, 
(iii) North American Industry Classi-
fication (NAIC)-6, 
(iv) the 10-digit classification number 
under the Harmonized Tariff Schedule of 
the United States, 
(v) year, and 
(vi) trade-partner country, 
including listing those goods for which there 
has been a change in 10 percent or more in bi-
lateral trade flows. 
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(D) The share of global production, pro-
ductive capacity, investment, exports and em-
ployment, and other indicators of the competi-
tive position (such as productivity gains and 
patents registered) of industries in the United 
States significantly affected by the trade agree-
ment, taking note of major production and em-
ployment offshoring trends and changes in 
sourcing patterns before and after entry into 
force of the trade agreement with respect to the 
United States. 
(2) An analysis of the effect on agriculture and 
food-related outcomes, including the following: 
(A)(i) The trend, on a year-by-year basis, 
of prices and production volumes in the United 
States, and exports from and imports into the 
United States, of agricultural commodities, food 
products, and ingredients thereof, that are im-
ported in significant volume into the United 
States from a country that is a party to the 
trade agreement. 
(ii) For purposes of this subparagraph— 
(I) the term ‘‘significant volume’’ 
means, with respect to agricultural com-
modities, food products, or ingredients, 10 
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percent or more of domestic consumption 
of such agricultural commodities, food 
products, or ingredients; and 
(II) imports of such agricultural com-
modities, food products, and ingredients 
shall be measured according to the 4-digit 
classification of the commodities, products, 
and ingredients under the Harmonized 
Tariff Schedule of the United States. 
(B) An analysis of the effects, if any, on 
the cost of agricultural programs in the United 
States. 
(C) The number of farms operating in the 
United States, detailed by farm typology and 
sales level, and the number of acres under pro-
duction by crop, for agricultural commodities 
that are exported from the United States to a 
country that is a party to the trade agreement, 
on a year-by-year basis. 
(D) An analysis of the effects, if any, on 
market concentration, prices, and fair competi-
tion in the markets for agricultural commodities 
and food products that are subject to signifi-
cant volumes of trade between the United 
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States and each other country that is a party 
to the trade agreement. 
(3)(A) An analysis of the progress in imple-
menting commitments under the trade agreement, 
and the record of compliance with the terms of the 
trade agreement, by— 
(i) each country that is a party to the 
trade agreement, in the case of a trade agree-
ment describe in section 2(6)(A); and 
(ii) by each of the major U.S. trade part-
ners, in the case of a trade agreement described 
in section 2(6)(B). 
(B) A description of any outstanding disputes 
between the United States and any other country 
that is a party to the trade agreement, including a 
description of laws, regulations, or policies of the 
United States or any State that such other country 
has challenged, or threatened to challenge, under the 
trade agreement. 
(4) An analysis of the ability of the United 
States to ensure that each other country that is a 
party to the trade agreement complies with United 
States laws and regulations, including— 
(A) complying with the customs laws of the 
United States; 
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(B) making timely payment of duties owed 
on goods imported into the United States, in-
cluding, in such analysis, the amount of duties 
paid by such other country; 
(C) meeting safety and inspection require-
ments with respect to food and other products 
imported into the United States from such 
other country; 
(D) complying with prohibitions on the 
transshipment of goods that are ultimately im-
ported into the United States; and 
(E) enforcing the trade agreement, includ-
ing preventing dumping, subsidies, and cir-
cumvention. 
(5) An analysis of any privatization of public 
sector services in the United States or in any other 
country that is a party to the trade agreement, if 
the service involved is covered by the investment, fi-
nancial services, or services provisions of the trade 
agreement, including any effect such privatization 
has on the access of consumers to essential services, 
such as health care, electricity, gas, water, telephone 
service, or other utilities. 
(6) An assessment of the impact of the intellec-
tual property provisions of the trade agreement on 
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the retail price of pharmaceuticals in any country 
that is a party to the trade agreement and the ef-
fect, if any, that changes in the price of pharma-
ceuticals have had on access by consumers to medi-
cines. 
(7) An analysis of the impact of government 
procurement rules in the trade agreement on the 
procurement of goods or services by United States 
Federal or State government agencies, including an-
nual information on the value of goods and services 
procured, delineated by Federal or State government 
and agency, by good or service procured, and by the 
country from which the good or service originated. 
(8) An assessment of the impact of significant 
currency movements, currency misalignment, or cur-
rency manipulation on the bilateral trade balance be-
tween the United States and each other country that 
is a party to the trade agreement and each of the 
major U.S. trade partners. 
(c) INFORMATION ON COUNTRIES THAT ARE PAR-
TIES TO TRADE AGREEMENTS.—With respect to each 
country with which the United States has a trade agree-
ment in effect, the report required under subsection (a) 
shall include information regarding whether that coun-
try— 
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(1) has a democratic form of government; 
(2) respects core labor rights, as defined by the 
Committee of Experts on the Application of Conven-
tions and Recommendations and the Conference 
Committee on the Application of Standards of the 
International Labour Organization; 
(3) respects fundamental human rights, as de-
termined by the Secretary of State in the annual 
country reports on human rights of the Department 
of State; 
(4) is designated as a country of particular con-
cern with respect to religious freedom under section 
402(b)(1) of the International Religious Freedom 
Act of 1998 (22 U.S.C. 6442(b)(1)); 
(5) is on a list described in subparagraph (B) 
or (C) of section 110(b)(1) of the Trafficking Vic-
tims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) 
(commonly known as tier 2 or tier 3 of the Traf-
ficking in Persons List of the Department of State); 
(6) has taken effective measures to combat and 
prevent public and private corruption, including 
measures with respect to tax evasion and money 
laundering, and has ratified the Convention on Com-
bating Bribery of Foreign Public Officials in Inter-
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national Business Transactions of the Organization 
for Economic Cooperation and Development; 
(7) complies with the multilateral environmental 
agreements to which the country is a party; 
(8) has in force adequate labor and environ-
mental laws and regulations, has devoted sufficient 
resources to implementing those laws and regula-
tions, and has an adequate record of enforcement of 
those laws and regulations; 
(9) adequately protects intellectual property 
rights; 
(10) provides for governmental transparency, 
due process of law, and respect for international 
agreements; and 
(11) poses potential concerns to the national se-
curity of the United States, including an assessment 
of the transfer of technology, production, and serv-
ices from one country to another. 
(d) RECOMMENDATIONS.—The report required under 
subsection (a) shall include recommendations of the 
Comptroller General for addressing issues with respect to 
a trade agreement that are identified under subsections 
(b) and (c). The recommendations shall include sugges-
tions for renegotiating the trade agreement based on the 
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requirements described in section 4(b) and for negotia-
tions with respect to new trade agreements. 
(e) CITATIONS.—The Comptroller General shall in-
clude in the report required under subsection (a) citations 
to the sources of data used in preparing the report and 
a description of the methodologies employed in preparing 
the report. 
(f) TREND ANALYSIS.—The report required under 
subsection (a) shall include a trend analysis of relative and 
absolute wage levels on a year-to-year basis in— 
(1) each country with which the United States 
has a trade agreement described in section 2(6)(A); 
(2) each major U.S. trade partner; 
(3) each country with which the United States 
has considered establishing a free trade agreement, 
including South Africa, Vietnam, Malaysia, and 
Thailand; and 
(4) Cambodia. 
(g) PUBLIC COMMENT.—In preparing the report re-
quired under subsection (a), the Comptroller General 
shall— 
(1) hold hearings that are open to the public; 
and 
(2) provide an opportunity for members of the 
public to testify and submit written comments. 
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(h) PUBLIC AVAILABILITY.—The information in each 
report required under subsection (a) shall be made avail-
able to the public not later than 14 days after the Comp-
troller General completes the report. 
SEC. 4. INCLUSION OF CERTAIN PROVISIONS IN TRADE 
AGREEMENTS. 
(a) IN GENERAL.— 
(1) REQUIREMENTS FOR EXPEDITED CONSID-
ERATION
OF
IMPLEMENTING
LEGISLATION.—Not-
withstanding section 151 of the Trade Act of 1974 
(19 U.S.C. 2191) or any other provision of law, any 
bill implementing a trade agreement between the 
United States and another country that is intro-
duced in the Congress after the date of the enact-
ment of this Act shall not be subject to expedited 
consideration 
or 
special 
procedures 
regarding 
amendment or debate unless the trade agreement 
meets the requirements of subsection (b). 
(2) TRADE
AGREEMENT
DEFINED.—For pur-
poses of this section, the term ‘‘trade agreement’’ 
means any trade agreement entered into between the 
United States and one or more countries. 
(b) REQUIREMENTS.—The requirements referred to 
in subsection (a) regarding a trade agreement between the 
United States and another country are the following: 
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(1) LABOR STANDARDS.—The labor provisions 
shall— 
(A) be included in the core text of the 
trade agreement; 
(B) require each country that is party to 
the trade agreement— 
(i) to adopt and maintain as part of 
its domestic law and regulations (including 
in any designated zone in that country) the 
core labor standards; and 
(ii) to effectively enforce laws related 
to core labor standards and acceptable con-
ditions of work with respect to minimum 
wages, hours of work, and occupational 
safety and health; 
(C) prohibit a country that is a party to 
the trade agreement from waiving or otherwise 
derogating from its laws and regulations relat-
ing to the core labor standards and acceptable 
conditions of work with respect to minimum 
wages, hours of work, and occupational safety 
and health; 
(D) provide that failures to meet the labor 
standards required by the trade agreement shall 
be subject to effective dispute resolution and 
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enforcement mechanisms and penalties that are 
included in the core text of the trade agreement 
and that are at least as effective as the mecha-
nisms and penalties that apply to the commer-
cial provisions of the trade agreement; 
(E) strengthen the capacity of each coun-
try that is a party to the trade agreement to 
promote and enforce core labor standards; 
(F) provide for the establishment of a com-
mission comprised of individuals with inter-
national and comparative labor rights expertise, 
including representatives of independent labor 
unions of countries that are parties to the trade 
agreement, representatives of exporting busi-
nesses of countries that are parties to the trade 
agreement, and independent academic research-
ers, to receive, investigate, review, and partici-
pate in the adjudication of any complaint filed 
under the labor provisions of the trade agree-
ment, and vest the commission with the author-
ity to establish objective indicators to determine 
compliance with the obligations set forth in sub-
paragraphs (B), (C), and (D); and 
(G) require each country that is a party to 
the trade agreement to cooperate fully with in-
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vestigations by the commission required under 
subparagraph (F). 
(2) HUMAN RIGHTS STANDARDS.—The human 
rights provisions shall— 
(A) be included in the core text of the 
trade agreement; 
(B) require each country that is a party to 
the trade agreement to recognize the United 
Nations 
Universal 
Declaration 
of 
Human 
Rights as a common standard of achievement 
for all peoples and all nations; 
(C) prohibit each country that is a party to 
the trade agreement from waiving or otherwise 
derogating from its laws and regulations relat-
ing to fundamental human rights; 
(D) provide that failures to meet the fun-
damental human rights required by the trade 
agreement shall be subject to effective dispute 
resolution and enforcement mechanisms and 
penalties that are included in the core text of 
the trade agreement and that are at least as ef-
fective as the mechanisms and penalties that 
apply to the commercial provisions of the trade 
agreement; 
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(E) strengthen the capacity of each coun-
try that is a party to the trade agreement to 
promote and enforce fundamental human 
rights; 
(F) provide for the establishment of a com-
mission composed of representatives specializing 
in international and comparative human rights, 
including representatives of independent human 
rights organizations of countries who are par-
ties to the trade agreement and academic re-
searchers, to receive, investigate, review, and 
participate in the adjudication of any complaint 
filed under the human rights provisions of the 
trade agreement, and vest the commission with 
the authority to establish objective indicators to 
determine compliance with the obligations set 
forth in subparagraphs (B), (C), and (D); and 
(G) require any other country that is a 
party to the trade agreement to cooperate fully 
with investigations by the commission required 
under subparagraph (F). 
(3) ENVIRONMENTAL
AND
PUBLIC
SAFETY 
STANDARDS.—The environmental provisions shall— 
(A) be included in the core text of the 
trade agreement; 
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(B) prohibit each country that is a party 
to the trade agreement from weakening, elimi-
nating, or failing to enforce domestic environ-
mental or other public health or safety stand-
ards to promote trade or attract investment; 
(C) require each country that is a party to 
the trade agreement to implement and enforce 
fully and effectively, including through domestic 
law, the country’s obligations under multilateral 
environmental agreements and provide for the 
enforcement of such obligations under the trade 
agreement; 
(D) prohibit the trade of goods derived 
from illegally harvested or extracted natural re-
sources, at any stage of production, including 
timber and timber products, fish, wildlife, and 
associated products, mineral resources, and 
other environmentally sensitive goods; 
(E) provide that the failure to meet the en-
vironmental standards required by the trade 
agreement be subject to dispute resolution and 
enforcement mechanisms and penalties that are 
at least as effective as the mechanisms and pen-
alties that apply to the commercial provisions of 
the trade agreement; and 
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(F) allow each country that is a party to 
the trade agreement to adopt and implement 
environmental, health, and safety standards, 
recognizing the legitimate right of governments 
to protect the environment and public health 
and safety. 
(4) FOOD AND PRODUCT HEALTH AND SAFETY 
STANDARDS.—If the trade agreement contains 
health and safety standards for food and other prod-
ucts, the trade agreement shall— 
(A) establish that food, feed, food ingredi-
ents, and other related food products may be 
imported into the United States from a country 
that is a party to the trade agreement only if 
such products meet or exceed United States 
standards with respect to food safety, pes-
ticides, inspections, packaging, and labeling; 
(B) establish that nonfood products may 
be imported into the United States from a 
country that is a party to the trade agreement 
only if such products meet or exceed United 
States standards with respect to health and 
safety, inspections, packaging, and labeling; 
(C) allow each country that is a party to 
the trade agreement to impose standards de-
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signed to protect public health and safety un-
less it can be clearly demonstrated that such 
standards do not protect the public health or 
safety; 
(D)(i) authorize the Commissioner of Food 
and Drugs and the Consumer Product Safety 
Commission to assess the regulatory system of 
each country that is a party to the trade agree-
ment to determine whether the system provides 
the same or better protection of health and 
safety for food and other products as provided 
under the regulatory system of the United 
States and authorize other appropriate United 
States Federal agencies to assess the regulatory 
system of each country that is party to the 
trade agreement to determine whether the sys-
tem provides the same or better quality controls 
on manufactured goods as provided under the 
regulatory system of the United States; 
(ii) if the Commissioner or the Commission 
determines that the regulatory system of such 
a country does not provide the same or better 
protection of health and safety for food and 
other products as provided under the regulatory 
system of the United States, or another appro-
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priate agency determines that the regulatory 
system of such a country does not provide the 
same or better quality controls on manufac-
tured goods as provided under the regulatory 
system of the United States, provide that the 
United States may prohibit the importation into 
the United States of food and other products 
from that country; and 
(iii) provide a process by which producers 
from countries whose regulatory systems are 
determined pursuant to clause (ii) by the Com-
missioner, the Commission, or another appro-
priate agency not to provide the same or better 
protection or quality controls as that provided 
under the regulatory system of the United 
States may have specific facilities inspected and 
certified so as to allow products from approved 
facilities to be imported into the United States; 
and 
(E) if harmonization of food or product 
health or safety standards is necessary to facili-
tate trade, provide that such harmonization be 
based on standards that are no less stringent 
than standards in the United States. 
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(5) SERVICES PROVISIONS.—If the trade agree-
ment contains provisions related to the provision of 
services, such provisions shall— 
(A) preserve the right of United States 
Federal, State, and local governments to main-
tain essential public services and to regulate, 
for the benefit of the public, services provided 
to consumers in the United States; 
(B)(i) require each country that is a party 
to the trade agreement to establish a positive 
list of each service sector that will be subject to 
the obligations of the country under the trade 
agreement; and 
(ii) apply the trade agreement only to the 
service sectors that are on the list described in 
clause (i); 
(C) establish a general exception to market 
access obligations that allows each country that 
is a party to the trade agreement to maintain 
or establish a ban on services that the country 
considers harmful to public health or safety, the 
environment, or public morals, if the ban is ap-
plied to domestic and foreign services and serv-
ice providers alike; 
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(D) require service providers of each coun-
try that is a party to the trade agreement that 
provide services through commercial presence in 
the United States to consumers in the United 
States to comply with environmental, land use, 
safety, privacy, transparency, professional quali-
fication, and consumer access laws and regula-
tions in the United States; 
(E) require that services provided to con-
sumers in the United States, such as medical 
and financial services, that are subject to pri-
vacy laws and regulations in the United States 
may only be provided by service providers in 
other countries that provide privacy protections 
and protections for confidential information 
that are equal to or exceed the protections pro-
vided by privacy laws and regulations in the 
United States; 
(F) not require the privatization of public 
services in any country that is a party to the 
trade agreement or the deregulation of a serv-
ice, including services related to national secu-
rity, social security, health, public safety, edu-
cation, water, sanitation, other utilities, ports, 
or transportation; 
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(G) not subject local governments to the 
service sector obligations under the trade agree-
ment; 
(H) not include provisions with respect to 
immigration or the movement of natural per-
sons; and 
(I) not limit any nondiscriminatory na-
tional, regional, or local government program 
that establishes reimbursement rates under 
public health insurance programs, or otherwise 
controls the costs of pharmaceuticals or medical 
devices. 
(6) INVESTMENT
PROVISIONS.—If the trade 
agreement contains provisions related to investment, 
such provisions shall— 
(A) preserve the ability of each country 
that is a party to the trade agreement to regu-
late foreign investment in a manner consistent 
with the needs and priorities of the country; 
(B) allow each country that is a party to 
the trade agreement to place prudential restric-
tions on speculative capital to reduce global fi-
nancial instability and trade volatility; 
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(C) not be subject to an investor-state dis-
pute settlement mechanism under the trade 
agreement; 
(D) ensure that foreign investors operating 
in the United States are not afforded greater 
rights than those afforded to domestic investors 
by the Constitution and laws of the United 
States; 
(E) provide for government-to-government 
dispute resolution relating to expropriation only 
for those disputes relating to a government ac-
tion that destroys all value of the real property 
of a foreign investor permanently, but not gov-
ernment actions that do not merely diminish 
the value of property; 
(F) define the term ‘‘investment’’ to mean 
not more than a commitment of capital or ac-
quisition of real property and to exclude as-
sumption of risk or expectation of gain or prof-
it; 
(G) define the term ‘‘investor’’ to mean 
only a person who makes a commitment or ac-
quisition described in subparagraph (F); and 
(H) define the standard of minimum treat-
ment to provide no greater legal rights than 
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United States citizens possess under the due 
process clause of section 1 of the 14th amend-
ment to the Constitution of the United States. 
(7) PROCUREMENT STANDARDS.—If the trade 
agreement contains government procurement provi-
sions, such provisions shall— 
(A) require each country that is a party to 
the trade agreement to establish a positive list 
of industry sectors, goods, or services that will 
be subject to the obligations of the country 
under the trade agreement; 
(B) with respect to the United States, 
apply only to State governments that specifi-
cally agree to the trade agreement and only to 
the industry sectors, goods, or services specifi-
cally identified by the State government and 
not apply to local governments; and 
(C) include only technical specifications for 
goods or services, supplier qualifications, or 
other conditions for receiving government con-
tracts that do not undermine— 
(i) prevailing wage policies; 
(ii) recycled content policies; 
(iii) sustainable harvest policies; 
(iv) renewable energy policies; 
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(v) human rights; or 
(vi) project labor agreements. 
(8) 
INTELLECTUAL
PROPERTY
REQUIRE-
MENTS.—If the trade agreement contains provisions 
related to the protection of intellectual property 
rights, such provisions shall— 
(A) promote adequate and effective protec-
tion of intellectual property rights; 
(B) include only terms relating to patents 
that do not, overtly or in application, limit the 
flexibilities and rights established in the Dec-
laration on the TRIPS Agreement and Public 
Health, adopted by the World Trade Organiza-
tion at the Fourth Ministerial Conference at 
Doha, Qatar, on November 14, 2001, including 
the flexibilities and rights relating to the pro-
motion of access to medicines and the issuance 
of compulsory licenses on grounds determined 
by member states; 
(C) require that any provisions relating to 
the patenting of traditional knowledge be con-
sistent with the Convention on Biological Diver-
sity, concluded at Rio de Janeiro June 5, 1992; 
and 
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(D) ensure that the access of the public to 
essential medicines and to technologies critical 
to preventing climate change is not obstructed 
by any provision of the trade agreement relat-
ing to the protection of intellectual property 
rights. 
(9) AGRICULTURAL STANDARDS.—If the trade 
agreement contains provisions related to agriculture, 
such provisions shall— 
(A) ensure adequate and stable market re-
turns for farmers in each country that is a 
party to the trade agreement; 
(B) ensure adequate and affordable sup-
plies of safe food for consumers; 
(C) protect the right of each country that 
is a party to the trade agreement to encourage 
conservation through the use of best practices 
with respect to the management and production 
of crops; 
(D) ensure fair treatment of agricultural 
workers in each country that is a party to the 
trade agreement; 
(E) protect the right of each country that 
is a party to the trade agreement to prevent 
dumping of agricultural commodities at below 
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the cost of production through border regula-
tions or other mechanisms and policies; 
(F) protect the right of each country that 
is a party to the trade agreement to establish 
policies with respect to food and agriculture 
that require farmers to receive fair remunera-
tion for management and labor that occurs on 
farms and that allow for inventory management 
and strategic food and renewable energy re-
serves, while ensuring that such policies do not 
aid or abet, or otherwise contribute to or allow, 
the dumping of agricultural commodities onto 
world markets at below the cost of production; 
(G) preserve any existing United States 
law relating to antitrust and anticompetitive 
business practices from being preempted or ren-
dered ineffective by the trade agreement; and 
(H) not conflict with agricultural policy es-
tablished in the laws of the United States. 
(10) TRADE REMEDIES AND SAFEGUARDS.—If 
the trade agreement contains trade remedy provi-
sions, such provisions shall— 
(A) preserve fully the ability of the United 
States to enforce its trade laws, including anti-
dumping and countervailing duty laws and safe-
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guard laws, the right to calculate 100 percent 
of the dumping in all antidumping proceedings, 
and the right to disburse domestically anti-
dumping and countervailing duties as the 
United States so determines; 
(B) not decrease the effectiveness of do-
mestic and international prohibitions on unfair 
trade, especially prohibitions on dumping and 
subsidies, and domestic and international safe-
guard provisions; 
(C) establish mechanisms to address and 
remedy market distortions that lead to dumping 
and subsidization, including overcapacity, car-
telization, and market-access barriers, by im-
posing strong sanctions against subsidies, in-
cluding applying the countervailing duty law 
when exporters receive tax rebates for indirect 
taxes upon export; 
(D) allow the United States to maintain 
adequate safeguards for a minimum of two 
years to ensure that surges of imported goods 
do not result in economic burdens on workers, 
firms, or farmers in the United States, includ-
ing providing that such safeguards go into ef-
fect based on certain criteria; 
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(E) establish mechanisms among the par-
ties to the trade agreement to examine the 
trade consequences of significant currency 
movements and to scrutinize whether a party’s 
currency is misaligned to promote a competitive 
advantage in international trade; and 
(F) if the currency of a country that is 
party to the trade agreement is deliberately 
misaligned, establish safeguard remedies that 
apply for a minimum period of two years to off-
set substantial and sustained currency move-
ments and also allow, alternatively, for the ap-
plication of countervailing duties. 
(11) DISPUTE RESOLUTION AND ENFORCEMENT 
PROVISIONS.—If the trade agreement contains provi-
sions related to dispute resolution, such provisions 
shall— 
(A) incorporate due process rules and pro-
cedures, including ensuring that dispute resolu-
tion proceedings are open to the public, that 
public access to information regarding enforce-
ment, disputes, and ongoing negotiations re-
lated to disputes is provided in a timely man-
ner, and that conflict of interest rules apply 
fully to adjudicators; 
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(B) require that any dispute settlement 
panel, including an appellate panel, addressing 
issues involving intellectual property rights or 
environmental, health, labor, human rights, or 
other public interest issues include panelists 
with expertise in such issues; 
(C) require an expedited process for all 
dispute settlement panels and processes relating 
to violations of an agreement’s labor, human 
rights, and environmental obligations, recog-
nizing that environmental and labor rights and 
the health, safety, and freedom of people and 
possibly irreversible damage to the physical en-
vironment are fundamentally different than 
property rights and thus require establishment 
of more expeditious timelines, together with the 
necessary resources for oversight and enforce-
ment; and 
(D) require that panels reviewing anti-
dumping and countervailing duty proceedings of 
a party to the trade agreement apply a stand-
ard of review that gives deference to the admin-
istrating authority of the party whose measure 
is under review. 
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(12) TECHNICAL
ASSISTANCE.—If the trade 
agreement contains technical assistance provisions, 
such provisions shall— 
(A) be designed to raise standards in de-
veloping countries by providing assistance that 
ensures respect for diversity of development 
paths; 
(B) be designed to empower civil society 
and democratic governments to create sustain-
able, vibrant economies and respect basic 
rights; and 
(C) provide that technical assistance shall 
not substitute for or supplant economic assist-
ance and not promote exportation of goods pro-
duced with the exploitation of labor or 
unsustainable environmental practices. 
(13) EXCEPTIONS
FOR
NATIONAL
SECURITY 
AND OTHER REASONS.—Each agreement shall— 
(A) include an essential security exception 
that permits a country that is a party to the 
trade agreement to apply measures that the 
country considers necessary for the mainte-
nance or restoration of international peace or 
security, or the protection of its own essential 
security interests, including with respect to in-
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frastructure, services, manufacturing, and other 
sectors; 
(B) explicitly state that if a country in-
vokes the essential security exception in a dis-
pute settlement proceeding relating to any mat-
ter other than compliance with the agreement’s 
worker rights, environment, human rights, 
health, or safety provisions, the dispute settle-
ment body hearing the matter shall find that 
the exception applies; 
(C) include a provision that gives priority 
to the implementation of bilateral or multilat-
eral agreements relating to public health, 
human and labor rights, the environment, or 
other public interest goals in the event of any 
inconsistency between the trade agreement and 
such bilateral or multilateral agreement; and 
(D) include in its list of general exceptions 
the following language: ‘‘Notwithstanding any 
other provision of this agreement, a provision of 
law that is nondiscriminatory on its face and 
relates to domestic health, consumer safety, the 
environment, labor rights, worker health and 
safety, economic equity, consumer access, the 
provision of goods or services, or investment, 
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