I 
117TH CONGRESS 
1ST SESSION H. R. 6114 
To promote United States trade leadership in the Indo-Pacific region and 
to require a report on the long-term economic and trade relationship 
between the United States and the People’s Republic of China. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 1, 2021 
Mrs. MILLER of West Virginia (for herself and Mr. LAHOOD) introduced the 
following bill; which was referred to the Committee on Ways and Means 
A BILL 
To promote United States trade leadership in the Indo- 
Pacific region and to require a report on the long-term 
economic and trade relationship between the United 
States and the People’s Republic of China. 
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 ‘‘U.S. Trade Leadership 
in the Indo-Pacific and China Act’’. 
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TITLE I—UNITED STATES TRADE 
LEADERSHIP IN THE INDO- 
PACIFIC REGION 
SEC. 101. FINDINGS. 
Congress makes the following findings: 
(1) Rising authoritarian powers that adhere to 
non-market principles for managing their economies 
are challenging the United States strategic influence 
in the Indo-Pacific region. These mercantilist poli-
cies, which include predatory industrial planning to 
subsidize exports and support national champions at 
the expense of foreign competitors, conditioning 
market access on both forced and voluntary tech-
nology transfers, and intellectual property theft, 
among other unfair policies, are contrary to the in-
terests and values of the United States and its Indo- 
Pacific allies and directly challenge the United 
States economic and trade interests in the region. 
(2) The United States was a leader during ne-
gotiations for the Trans Pacific Partnership Agree-
ment (TPP) and joined eleven other nations in the 
Asia-Pacific in signing the agreement on February 
4, 2016. 
(3) In January 2017, the United States notified 
the other 11 signatories to the TPP that it did not 
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intend to become a party to the Agreement. The no-
tification letter to the 11 other TPP signatories af-
firmed that ‘‘[t]he United States remains committed 
to taking measures designed to promote more effi-
cient markets and higher levels of economic growth, 
both in our country and around the world.’’. 
(4) Following the United States formal with-
drawal from the TPP, the 11 remaining signatories 
(Australia; Brunei; Canada; Chile; Japan; Malaysia; 
Mexico; New Zealand; Peru; Singapore; and Viet-
nam) renegotiated and signed a new Comprehensive 
and Progressive Agreement on Trans-Pacific Part-
nership (CPTPP) on March 8, 2018. Like the TPP, 
the CPTPP includes high-standard provisions to 
eliminate tariff and non-tariff barriers in key sectors 
such as agriculture, autos, currency, e-commerce/ 
digital trade, government procurement, goods tariffs, 
intellectual property rights (IPR), investment, work-
er rights, environment, rules of origin (ROO), serv-
ices, and state-owned enterprises (SOEs). However, 
the CPTPP suspended certain high-standard provi-
sions which the United States had proposed or sup-
ported. United States engagement in TPP negotia-
tions helped shape many of the provisions of the ex-
isting CPTPP. Similar, and updated versions of 
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many of these provisions are included in the United 
States-Mexico-Canada Agreement (USMCA), includ-
ing in the chapter on technical barriers to trade 
(TBT). 
(5) United States withdrawal from the TPP has 
undermined its ability to promote United States-led 
rules, norms, and standards, and has paved the way 
for increased non-democratic state-driven economic 
and political presence in the Indo-Pacific region. 
SEC. 102. STATEMENT OF POLICY. 
(a) IN GENERAL.—It is the policy of the United 
States, in pursuing trade leadership in the Indo-Pacific 
region, to proactively promote and defend fair and open 
trade practices and to counter the use of mercantilist, dis-
torting, and coercive trade measures by actors in the re-
gion, including by pursuing objectives described in sub-
section (b). 
(b) OBJECTIVES DESCRIBED.—The objectives de-
scribed in this subsection are the following: 
(1) The United States will play a sustained and 
long-term leadership role in establishing and ensur-
ing an open, rules-based trading system in the Indo- 
Pacific region, including through the following: 
(A) The United States should urgently 
consider the merits of negotiating entry into the 
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CPTPP with improved standards or a similar 
plurilateral trade agreement. 
(B) The United States should urgently 
consider the merits of negotiating new, high- 
standard bilateral trade agreements in the re-
gion. 
(C) The United States should urgently 
consider modernizing and updating existing 
trade agreements in the region. 
(2) The United States and its allies should uti-
lize new or updated, high-standard trade agreements 
to maintain rules-based and market-based policies in 
the Indo-Pacific region to ensure, among other 
areas— 
(A) free flow of commerce; 
(B) enhanced market access; 
(C) elimination of tariff and non-tariff bar-
riers on goods, services, agriculture, and energy; 
(D) high-standard provisions to protect in-
tellectual property, investment, worker rights, 
the environment, e-commerce and digital trade, 
and autos; and 
(E) transparency on rules of origin, state- 
owned enterprises, and government procure-
ment. 
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(3) The United States membership and leader-
ship in negotiating new or updated, high-standard 
trade agreements will ensure its economic, techno-
logical, scientific, and regulatory leadership in the 
Indo-Pacific region and ensure a comprehensive, 
rules-based platform throughout the region well into 
the 21st century. 
(4) The United States membership and leader-
ship in new or updated, high-standard trade agree-
ments will foster free and reciprocal trade and open 
and integrated markets in the Indo-Pacific region, 
including— 
(A) strengthening, protecting, and diversi-
fying critical supply chains for batteries, critical 
minerals, 
medicines, 
next-generation 
semi-
conductors, telecommunications, artificial intel-
ligence, quantum computing, and biotechnology 
and medical supplies; and 
(B) supporting the development and main-
tenance of advanced manufacturing capacity 
among key regional allies to maximize trade ef-
ficiency and supply chain security. 
(5) The United States leadership in new or up-
dated, high-standard trade agreements will inspire 
next-generation rules and best practices for emerg-
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ing and high-growth Indo-Pacific countries that may 
not be members of the CPTPP. 
SEC. 103. SENSE OF CONGRESS. 
It is the sense of Congress that the implementation 
of the policy described in section 102 requires the fol-
lowing actions: 
(1) Long-term competition and strategic en-
gagement in the Indo-Pacific region will require the 
United States to deeply engage with allies and part-
ners on trade policy in the region, including the con-
sideration of joining new or updated, high-standard 
trade agreements, to establish trade and economic 
stability in the most vibrant economic region in the 
world. A sense of urgency by the Administration, bi-
partisanship in Congress, and whole-of-government 
approach will be required to achieve this significant 
pivot in United States trade policy. Immediate, in-
tensive bipartisan engagement between the Adminis-
tration and Congress to develop and swiftly reau-
thorize and update the Bipartisan Congressional 
Trade Priorities and Accountability Act of 2015 is 
a critical step to provide the Administration with 
tools to negotiate ambitious new trade agreements. 
(2) The United States, through the leadership 
of the Office of the United States Trade Representa-
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tive, must urgently coordinate closely with like-mind-
ed countries throughout the Indo-Pacific region to 
express immediate interest in new or updated, high- 
standard trade agreements, including by hosting a 
series of summits held throughout the region to dis-
cuss outlaying issues that are reflective of a post- 
pandemic global economy. 
(3) The President must lead and direct the en-
tire executive branch, specifically the Office of the 
United States Trade Representative, to make mem-
bership and leadership in new or updated, high- 
standard trade agreements a priority and assure the 
allocation of appropriate resources adequate to ad-
dress market-access barriers and trade distortions in 
the Indo-Pacific region. 
(4) The United States must ensure that key 
Federal agencies, led by the Office of the United 
States Trade Representative, advance accelerated, 
bipartisan, frequent, sustained, and meaningful col-
laboration and consultation with Congress regarding 
a robust United States trade strategy in the Indo- 
Pacific region. 
(5) The United States must ensure that key 
Federal agencies, led by the Office of the United 
States Trade Representative, conduct close and ac-
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celerated Indo-Pacific trade strategy consultations 
with Congress, the private sector, civil society, uni-
versities, and academic institutions, and other rel-
evant stakeholders. 
(6) The President should direct the Office of 
the United States Trade Representative, the White 
House National Security Council, and all relevant 
Federal agencies to meet upon request with any 
Member of Congress regarding the components of its 
Indo-Pacific trade strategy, including the President’s 
intention to begin negotiations to implement that 
strategy, the objectives for such negotiations, and 
any changes in the laws of the United States or the 
administration of those laws that may be rec-
ommended to Congress to implement that strategy. 
The President should also direct the Office of the 
United States Trade Representative, the White 
House National Security Council, and all relevant 
Federal agencies to provide access to pertinent docu-
ments relating to any such negotiation, including 
classified materials. 
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TITLE 
II—REPORT 
ON 
THE 
LONG-TERM ECONOMIC AND 
TRADE 
RELATIONSHIP 
BE-
TWEEN THE UNITED STATES 
AND THE PEOPLE’S REPUB-
LIC OF CHINA 
SEC. 201. FINDINGS. 
Congress makes the following findings: 
(1) On January 15, 2020, the United States 
and the People’s Republic of China (PRC) signed a 
historic and enforceable agreement, the Economic 
and Trade Agreement Between the United States of 
America and the People’s Republic of China, or the 
‘‘Phase One’’ trade agreement. The Phase One trade 
agreement went into effect on February 14, 2020, 
and requires the PRC to undertake a wide range of 
reforms to facilitate a more transparent and equal 
bilateral trading relationship in areas such intellec-
tual property, technology transfer, agriculture, fi-
nancial services, and currency and foreign exchange. 
(2) The Phase One trade agreement includes a 
chapter on ‘‘Expanding Trade’’, in which the PRC 
made specific commitments to import a wide range 
of United States goods and services, including man-
ufactured goods, food and seafood, agriculture, en-
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ergy products, and services in a total amount that 
exceeds the PRC’s annual level of imports for those 
goods and services in 2017 by no less than $200 bil-
lion for a two-year period from January 1, 2020, 
through December 31, 2021. The United States and 
the PRC also stated a shared expectation that ‘‘the 
trajectory of increases’’ in China’s purchases of 
United States goods in each of these categories 
would continue in calendar years 2022 through 
2025. 
(3) Publicly available trade data show that the 
PRC has made significant progress in purchasing 
United States products within the agriculture sector, 
but is far behind its agreed upon year-end pur-
chasing targets in energy, manufacturing, and serv-
ices. 
(4) The Phase One trade agreement features a 
chapter on ‘‘Bilateral Evaluation and Dispute Reso-
lution’’ that establishes a process to resolve disputes 
in a fair and prompt manner and creates an avenue 
to conduct regular bilateral meetings at the principal 
and working levels. 
(5) The Phase One trade agreement represents 
an important and concrete step toward a more bal-
anced economic relationship between the United 
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States and the PRC but substantially more is need-
ed to address systemic problems in our bilateral 
trading relationship. Important remaining issues in-
clude the PRC’s persistent theft of United States in-
tellectual property rights, its market access policies 
that depend on forced technology transfers and dis-
criminatory licensing practices, and its support for 
state-owned enterprises with market-distorting and 
World Trade Organization (WTO)-inconsistent sub-
sidies. 
SEC. 202. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the United States should successfully and 
fully implement the Phase One trade agreement, en-
suring that the PRC fully complies with its stated 
commitments both to make legal and regulatory 
changes in various sectors and to purchase addi-
tional United States goods and services; 
(2) the Office of the United States Trade Rep-
resentative should take expedited and concrete steps 
toward thorough consultation and coordination with 
Congress and key United States private sector 
stakeholders wholly consistent with the spirit and 
letter of the law as prescribed under the Bipartisan 
Congressional Trade Priorities and Accountability 
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Act of 2015 regarding implementation of the Phase 
One trade agreement and any further trade negotia-
tions with China; 
(3) the United States Government should ana-
lyze all positive and negative effects on the United 
States economy of the current tariffs in place 
against the PRC under section 301 of the Trade Act 
of 1974, including the effects on United States 
workers, businesses, and consumers and an analysis 
of the benefits of such tariffs providing sufficient 
trade leverage on the PRC, in comparison to these 
tariffs’ harm to the United States economy; 
(4) consistent with such analysis, the United 
States Government should immediately modify such 
tariffs to ensure that they meet the intent of the 
statute and provide leverage on China without harm-
ing the United States economy; 
(5) the Office of the United States Trade Rep-
resentative should articulate a long-term trade and 
economic plan with the PRC, which may include pro-
posed new enforcement tools to address the PRC’s 
ongoing economic and structural challenges, includ-
ing the PRC’s use of massive industrial subsidies 
that are inconsistent with WTO norms and rules 
and create global price distortions in critical supply 
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chains, bilateral engagement with the PRC to obtain 
changes to the PRC’s policies, and working with al-
lies to pressure the PRC on these same issues; 
(6) the Office of the United States Trade Rep-
resentative should take expedited and concrete steps 
toward better consultation and coordination with 
Congress and key United States private sector ac-
tors regarding the drafting of its comprehensive re-
port on the long-term economic and trade relation-
ship between the United States and the PRC; and 
(7) efforts to enforce the Phase One trade 
agreement should not delay initiatives to address 
other issues in the trade relationship, especially 
longstanding, systemic issues that disadvantage 
United States companies or injure United States in-
terests, that have been identified for negotiation by 
previous administrations, but that were not ad-
dressed in the Phase One trade agreement. 
SEC. 203. REPORT. 
(a) IN GENERAL.—Not later than 60 days after the 
date of the enactment of this Act, and annually thereafter, 
the United States Trade Representative, in coordination 
with the heads of other relevant Federal agencies, shall 
submit to Congress a report that— 
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(1) describes progress toward addressing the 
issues identified in Trade Representative’s report ti-
tled, ‘‘Findings of the Investigations into China’s 
Acts, Policies, and Practices Related to Technology 
Transfer, Intellectual Property, and Innovation 
under Section 301 of the Trade Act of 1974’’, dated 
March 22, 2018; 
(2) comprehensively reviews current tariffs in 
place against the PRC under section 301 of the 
Trade Act of 1974— 
(A) to assess whether such tariffs continue 
to meet the requirements of such section and 
provide leverage to encourage the PRC to 
change its unfair practices without undue harm 
to the United States economy; and 
(B) to recommend removal of such tariffs 
that harm United States industry competitive-
ness in which data does not clearly demonstrate 
that the tariffs have substantially and directly 
alleviated discriminatory, restrictive, or burden-
some PRC trade practices, or where any bene-
fits that can be clearly linked to the tariffs are 
less substantial than the costs the tariffs have 
imposed on United States entities; 
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(3) evaluates the PRC’s compliance with its 
Phase One trade agreement commitments and iden-
tifies those provisions in the agreement that have yet 
to be implemented; 
(4) lists and explains proposed new enforcement 
tools that will address and compel the PRC to com-
plete structural reforms to its economic and trade 
regimes; 
(5) articulates new market access objectives 
with respect to the PRC; 
(6) identifies key United States goods and serv-
ices that have the ability to provide long-term bene-
fits to the PRC’s economic growth, including energy, 
carbon capture, agricultural goods and services 
among other sectors, without impeding United 
States national security interests; and 
(7) identifies key PRC goods and services that 
have the ability to provide long-term benefits to the 
United States economic growth, including tourism 
and education goods and services among other sec-
tors. 
(b) FORM.—The report required by subsection (a) 
shall be submitted in unclassified form but may include 
a classified annex. 
Æ 
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