of enactment, the Secretary of Defense shall 
submit to the President and the appropriate 
congressional committees a report on the find-
ings of the investigation under paragraph (1), 
including the recommendations of the Secretary 
for action or inaction regarding the TRIPS 
waiver. 
(B) ADVICE.—If the Secretary of Defense 
determines that a TRIPS waiver with respect to 
addressing the COVID–19 pandemic threatens 
to impair national security, the Secretary shall 
so advise the President and the appropriate 
congressional committees in the report required 
under subparagraph (A). 
SEC. 7. TRADE AGREEMENTS: SUSPENSIONS AND OTHER 
MODIFICATIONS, CONSULTATIONS, AND SUB-
MISSION TO CONGRESS. 
(a) TRADE REPRESENTATIVE ENGAGEMENT WITH 
THE PUBLIC.— 
(1) IN GENERAL.—Before entering into any ne-
gotiation with a trading partner concerning a sus-
pension of or modification to a trade agreement, in-
cluding a waiver of obligations, the Trade Represent-
ative shall publish in the Federal Register a notice 
identifying— 
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(A) the objectives of the United States for 
that negotiation; 
(B) the rationale for why the trade agree-
ment does not presently allow the United States 
to meet those objectives; and 
(C) the provision or provisions of the trade 
agreement that the United States proposes to 
suspend or modify. 
(2) COMMENTS.—The Trade Representative 
shall allow the public an opportunity to submit com-
ments concerning the notice required under para-
graph (1) for a period of not less than 30 days, and 
shall hold a hearing to hear testimony from mem-
bers of the public. 
(b) INITIAL EVALUATION BY THE COMMISSION.— 
(1) IN GENERAL.—After the end of the com-
ment period under subsection (a)(2), and after an 
evaluation by the Trade Representative of those 
comments, if the Trade Representative determines to 
pursue a suspension of or modification to a trade 
agreement, the Trade Representative shall submit to 
the Commission a plan for the negotiation of the 
suspension or modification, as the case may be, 
which shall include— 
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(A) the objectives of the United States for 
the negotiation; 
(B) a description of the inadequacies of the 
trade agreement, including by reference to spe-
cific provisions that preclude the United States 
from meeting its objectives; 
(C) a description of how the Trade Rep-
resentative plans to remedy those inadequacies; 
(D) evidence supporting those inadequa-
cies; and 
(E) a justification for why the suspension 
or modification would remedy those inadequa-
cies. 
(2) HEARING AND REPORT.— 
(A) PUBLICATION OF REPORT.—For each 
suspension of or modification to a trade agree-
ment for which a plan was submitted to the 
Commission under paragraph (1), the Commis-
sion shall publish on an internet website of the 
Commission a report evaluating— 
(i) the existence and extent of the 
purported inadequacies in the trade agree-
ment; 
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(ii) what progress, if any, the plan 
might make in remedying those inadequa-
cies; and 
(iii) the likely impact of the suspen-
sion or modification on the economy of the 
United States as a whole and on specific 
industry sectors, including any impact on 
gross domestic product, exports and im-
ports, aggregate employment and employ-
ment opportunities, production, employ-
ment, and competitive position of indus-
tries likely to be significantly affected by 
the suspension or modification, and the in-
terests of consumers. 
(B) PUBLIC
HEARING.—The Commission 
shall conduct a public hearing for each suspen-
sion of or modification to a trade agreement for 
which a plan was submitted to the Commission 
under paragraph (1) before publishing a report 
with respect to that suspension or modification 
under subparagraph (A). 
(C) TIMING.—The Commission shall pub-
lish the report required under subparagraph (A) 
with respect to a suspension of or modification 
to a trade agreement for which a plan was sub-
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mitted to the Commission under paragraph (1) 
not earlier than 30 days and not later than 120 
days after the plan was submitted. 
(D) CONFIDENTIAL REPORT.—If the Com-
mission determines that certain aspects of a re-
port required to be published under subpara-
graph (A) must be kept confidential to protect 
proprietary data or to protect the interests of 
the United States with respect to a potential 
negotiation, the Commission shall— 
(i) publish a redacted report under 
subparagraph (A); and 
(ii) submit to the appropriate congres-
sional committees an unredacted report. 
(E) NEGOTIATION.—The Trade Represent-
ative may proceed to enter into negotiations 
with a trading partner with respect to a suspen-
sion of or modification to a trade agreement for 
which a plan was submitted to the Commission 
under paragraph (1) not earlier than 5 business 
days following the publication under subpara-
graph (A) of the report regarding that suspen-
sion or modification. 
(c) CONGRESSIONAL CONSULTATION DURING THE 
COURSE OF NEGOTIATIONS.— 
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(1) NOTICE.—Not later than 60 days before en-
tering into any negotiations with a trading partner 
concerning a suspension of or modification to a 
trade agreement, including a waiver of one or more 
provisions or obligations of the agreement, the Presi-
dent shall provide written notice to Congress of the 
intention of the President to enter into the negotia-
tions, which shall include— 
(A) the date on which the President in-
tends to initiate the negotiations; 
(B) the specific objectives of the United 
States for the negotiations; and 
(C) an assessment of why it is necessary to 
suspend or modify the trade agreement in order 
to meet those objectives. 
(2) CONSULTATION.— 
(A) PRESIDENT.—Following the notice re-
quired under paragraph (1) with respect to ne-
gotiations concerning a suspension of or modi-
fication to a trade agreement, the President 
shall consult with Congress with respect to 
those negotiations as set forth in section 105 of 
the Bipartisan Congressional Trade Priorities 
and Accountability Act of 2015 (19 U.S.C. 
4204) in the same manner as if the suspension 
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or modification was an agreement subject to the 
provisions of that section. 
(B) TRADE
REPRESENTATIVE.—With re-
spect to negotiations described in paragraph 
(1), the Trade Representative shall consult 
closely and on a timely basis with the appro-
priate congressional committees, keeping those 
committees fully apprised of those negotiations, 
and provide to those committees, including staff 
with appropriate security clearance, access to 
the text of any negotiating proposal or any 
other document presented by the United States 
that presents concepts or considerations for the 
negotiations not later than 5 business days be-
fore tabling it in the negotiation. 
(3) DESIGNATION
OF
ADVISORS.—The chair 
and ranking member of each of the appropriate con-
gressional committees may each designate not more 
than 4 members of their committee and not more 
than 3 staffers as official advisors to negotiations 
described in paragraph (1). 
(4) BRIEFING.— 
(A) IN GENERAL.—The Trade Representa-
tive shall brief the appropriate congressional 
committees before and after every session with 
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respect to negotiations described in paragraph 
(1). 
(B) TIMING OF FOLLOW-UP BRIEFING.—A 
briefing required under subparagraph (A) fol-
lowing a negotiating session shall take place not 
later than 5 business days following the session. 
(d) 
TIMING
OF
EXISTING
REPORT.—Notwith-
standing the timing requirements under section 135(e)(1) 
of the Trade Act of 1974 (19 U.S.C. 2155(e)(1)), the re-
port required under that section regarding any trade 
agreement entered into under subsection (a) or (b) of sec-
tion 103 of the Bipartisan Congressional Trade Priorities 
and Accountability Act of 2015 (19 U.S.C. 4202) shall 
be provided to the President, Congress, and the Trade 
Representative not later than 30 days after the date on 
which the President notifies Congress of the intention of 
the President to enter into a suspension of or modification 
to the trade agreement. 
(e) AUTHORITY FOR SUSPENSION OR MODIFICATION 
OF A TRADE AGREEMENT.—The President shall not enter 
into any suspension of or modification to a trade agree-
ment, unless— 
(1) the President has complied with all con-
sultation requirements set forth in subsection (c); 
and 
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(2) an Act of Congress is enacted approving the 
suspension or modification or a joint resolution is 
adopted under subsection (f) approving the suspen-
sion or modification. 
(f) JOINT RESOLUTION.— 
(1) IN GENERAL.—The President may seek a 
joint resolution from Congress granting the Presi-
dent authority to enter into a suspension of or modi-
fication to a trade agreement as follows: 
(A) The President shall post the text con-
cerning the relevant changes to the trade agree-
ment on a publicly available website of the Of-
fice of the United States Trade Representative 
for not less than 5 business days. 
(B) The President shall submit the text 
concerning the relevant changes to the trade 
agreement to the Commission, which shall pub-
lish on a publicly available website of the Com-
mission a report on how the changes to the 
trade agreement will impact employment, eco-
nomic growth, and consumers in the United 
States. The Commission shall publish that re-
port not earlier than 30 days and not later than 
120 days after receiving from the President the 
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text concerning the relevant changes to the 
trade agreement. 
(C) The President shall submit to Con-
gress on a day on which both Houses of Con-
gress are in session a copy of the final legal 
text with respect to which the President seeks 
authority to commit the United States, together 
with— 
(i) the report prepared by the Com-
mission under subparagraph (B); 
(ii) an identification of any United 
States laws that may be inconsistent with 
the text; and 
(iii) a statement of any administrative 
action proposed to implement any changes 
to the trade agreement. 
(2) INTRODUCTION.—A joint resolution approv-
ing a suspension of or modification to a trade agree-
ment may be introduced in either House of Congress 
by the chair or ranking member of one of the appro-
priate congressional committees. 
(3) PROCEDURES IN HOUSE AND SENATE.—The 
provisions of subsections (b) through (f) of section 
152 of the Trade Act of 1974 (19 U.S.C. 2192) 
shall apply with respect to a joint resolution intro-
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duced under paragraph (2) to the same extent and 
in the same manner as such provisions apply with 
respect to a resolution described in subsection (a) of 
that section. 
(4) HEARING AND BRIEFINGS.—Following in-
troduction of a joint resolution under paragraph (2), 
the appropriate congressional committees shall, as 
appropriate, hold hearings and briefings and other-
wise obtain information in order to fully review the 
proposed suspension of or modification to a trade 
agreement. 
(5) DISCHARGE.—If the committee of either 
House to which a joint resolution introduced under 
paragraph (2) has been referred has not reported it 
by the close of the 40th day after its introduction 
(excluding any day described in section 154(b) of the 
Trade Act of 1974 (19 U.S.C. 2194(b))), that com-
mittee shall be automatically discharged from fur-
ther consideration of the joint resolution and it shall 
be placed on the appropriate calendar. 
(6) CONSIDERATION.— 
(A) IN GENERAL.—It is not in order for— 
(i) the Senate to consider any joint 
resolution introduced under paragraph (2) 
unless it has been reported by the Com-
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mittee on Finance or the committee has 
been discharged under paragraph (5); or 
(ii) the House of Representatives to 
consider any joint resolution introduced 
under paragraph (2) unless it has been re-
ported by the Committee on Ways and 
Means or the committee has been dis-
charged under paragraph (5). 
(B) MOTION TO PROCEED IN HOUSE OF 
REPRESENTATIVES.—A motion in the House of 
Representatives to proceed to the consideration 
of a joint resolution may only be made on the 
second legislative day after the calendar day on 
which the Member making the motion an-
nounces to the House his or her intention to do 
so. 
(7) RULES OF SENATE AND HOUSE OF REP-
RESENTATIVES.—This subsection is enacted by Con-
gress— 
(A) as an exercise of the rulemaking power 
of the Senate and the House of Representa-
tives, respectively, and as such is deemed a part 
of the rules of each House, respectively, and 
such procedures supersede other rules only to 
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the extent that they are inconsistent with such 
other rules; and 
(B) with the full recognition of the con-
stitutional right of either House to change the 
rules (so far as relating to the procedures of 
that House) at any time, in the same manner, 
and to the same extent as any other rule of that 
House. 
(g) APPLICATION TO MINISTERIAL CHANGES.—This 
section shall not apply with respect to any ministerial 
changes to a trade agreement. 
Æ 
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