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(G) if harmonization of food or product 
health or safety standards is necessary to facili-
tate trade, such harmonization shall be based 
on standards that are no less stringent than 
United States standards; and 
(H) establish mandatory end-use labeling 
of imports of milk protein concentrates. 
(4) SERVICES PROVISIONS.—If the agreement 
contains provisions related to the provision of serv-
ices, such provisions shall— 
(A) preserve the right of Federal, State, 
and local governments to maintain 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 agreement to establish a positive list of 
each service sector that will be subject to the 
obligations of the country under the agreement; 
and 
(ii) apply the 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 a country that is 
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a party to the agreement to maintain or estab-
lish a ban on services the country considers 
harmful, if the ban is applied to domestic and 
foreign services and service providers alike; 
(D) require service providers in any coun-
try that is a party to the agreement that pro-
vide services to consumers in the United States 
to comply with United States environmental, 
land use, safety, privacy, transparency, profes-
sional qualification, and consumer access laws 
and regulations; 
(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 United States privacy laws and regula-
tions; 
(F) not require the privatization of public 
services in any country that is a party to the 
agreement or the deregulation of a service, in-
cluding services related to national security, So-
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cial Security, health, public safety, education, 
water, sanitation, other utilities, ports, or trans-
portation; 
(G) not subject local governments to the 
service sector obligations under the agreement; 
and 
(H) not include provisions with respect to 
immigration or the movement of natural per-
sons. 
(5) INVESTMENT
PROVISIONS.—If the agree-
ment contains provisions related to investment, such 
provisions shall— 
(A) preserve the ability of each country 
that is a party to the agreement to regulate for-
eign investment in a manner consistent with the 
needs and priorities of the country; 
(B) allow each such country to place pru-
dential restrictions on speculative capital to re-
duce global financial instability and trade vola-
tility; 
(C) not be subject to an investor-state dis-
pute settlement mechanism under the agree-
ment; 
(D) ensure that foreign investors operating 
in the United States have rights no greater 
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than the rights provided to domestic investors 
by the Constitution of the United States; 
(E) provide for government-to-government 
dispute resolution relating to a government ac-
tion that destroys all value of the real property 
of a foreign investor; 
(F) define the term ‘‘investment’’ to mean 
not more than a commitment of capital or ac-
quisition of real property and not to include 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); 
(H) define the term ‘‘direct expropriation’’ 
as government actions that do not merely di-
minish the value of property but destroy all 
value of the property permanently; 
(I) not provide a dispute resolution system 
under the agreement with regard to the enforce-
ment of contracts between foreign investors and 
the government of a country that is a party to 
the agreement relating to natural resources, 
public works, or other activities under govern-
ment control; and 
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(J) define the standard of minimum treat-
ment to provide no greater legal rights than 
United States citizens possess under the due 
process clause of section 1 of the 14th amend-
ment to the Constitution of the United States. 
(6) PROCUREMENT STANDARDS.—If the agree-
ment contains government procurement provisions, 
such provisions shall— 
(A) require each country that is a party to 
the agreement to establish a positive list of in-
dustry sectors, goods, or services that will be 
subject to the obligations of the country under 
the agreement; 
(B) with respect to the United States, 
apply only to State governments that specifi-
cally agree to the agreement and only to the in-
dustry sectors, goods, or services specifically 
identified by the State government and not 
apply to local governments; and 
(C) include only technical specifications for 
goods or services, or supplier qualifications or 
other conditions for receiving government con-
tracts that do not undermine— 
(i) prevailing wage policies; 
(ii) recycled content policies; 
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(iii) sustainable harvest policies; 
(iv) renewable energy policies; 
(v) human rights; or 
(vi) labor project agreements. 
(7) 
INTELLECTUAL
PROPERTY
REQUIRE-
MENTS.—If the agreement contains provisions re-
lated 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, particu-
larly the flexibilities and rights relating to the 
promotion of access to medicines and the 
issuance of compulsory licenses on grounds de-
termined by member states; 
(C) require that any provisions relating to 
the patenting of traditional knowledge be con-
sistent with the Convention on Biological Diver-
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sity, concluded at Rio de Janeiro June 5, 1992; 
and 
(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 agreement relating to 
the protection of intellectual property rights. 
(8) AGRICULTURAL STANDARDS.—If the agree-
ment 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 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 agreement to encourage con-
servation through the use of best practices with 
respect to the management and production of 
crops; 
(D) ensure fair treatment of farm laborers 
in each such country; 
(E) protect the right of each country that 
is a party to the agreement to prevent dumping 
of agricultural commodities at below the cost of 
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production through border regulations or other 
mechanisms and policies; 
(F) protect the right of each such country 
to establish policies with respect to food and ag-
riculture that require farmers to receive fair re-
muneration for management and labor that oc-
curs on farms and that allow for inventory 
management and strategic food and renewable 
energy reserves, while ensuring that such poli-
cies must not aid or abet, or otherwise con-
tribute 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 agreement; and 
(H) not contain provisions that conflict 
with agricultural policy established in United 
States law. 
(9) TRADE
REMEDIES
AND
SAFEGUARDS.—If 
the agreement contains trade remedy provisions, 
such provisions shall— 
(A) preserve fully the ability of the United 
States to enforce its trade laws, including anti-
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dumping and countervailing duty laws and safe-
guard laws; 
(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 through 
strong trade agreement terms disciplining sub-
sidies; 
(D) allow the United States to maintain 
adequate safeguards to ensure that surges of 
imported goods do not result in economic bur-
dens on workers, firms, or farmers in the 
United States, including providing that such 
safeguards go into effect automatically based on 
certain criteria; 
(E) establish mechanisms among the par-
ties to the agreement to examine the trade con-
sequences of significant currency movements 
and to scrutinize whether a party’s currency is 
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misaligned to promote a competitive advantage 
in international trade; and 
(F) if the currency of a country that is 
party to the agreement is deliberately mis-
aligned, establish safeguard remedies that apply 
automatically to offset substantial and sus-
tained currency movements. 
(10) RULES
OF
ORIGIN
PROVISIONS.—If the 
agreement contains provisions related to rules of ori-
gin, such provisions shall— 
(A) ensure, to the fullest extent prac-
ticable, that goods receiving preferential treat-
ment under the agreement are produced using 
inputs from a country that is a party to the 
agreement; and 
(B) ensure the effective enforcement of 
such provisions. 
(11) DISPUTE RESOLUTION AND ENFORCEMENT 
PROVISIONS.—If the agreement contains provisions 
related to dispute resolution, such provisions shall— 
(A) incorporate the basic due process guar-
antees protected by the Constitution of the 
United States, including access to documents, 
open hearings, and conflict of interest rules for 
judges; 
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(B) require that any dispute settlement 
panel, including an appellate panel, dealing with 
intellectual property rights or environmental, 
health, labor, and other public law issues in-
clude panelists with expertise in such issues; 
(C) require an expedited process for all 
dispute settlement panels and processes related 
to violations of an agreement’s labor and envi-
ronmental obligations, recognizing that environ-
mental and labor rights and the health, safety, 
and freedom of people and possibly irreversible 
damage to the physical environment are fun-
damentally different than property rights and 
thus require establishment of more expeditious 
timelines, together with the necessary resources 
for oversight and enforcement; and 
(D) provide that dispute resolution pro-
ceedings are open to the public and provide 
timely public access to information regarding 
enforcement, disputes, and ongoing negotiations 
related to disputes. 
(12) TECHNICAL
ASSISTANCE.—If the agree-
ment contains technical assistance provisions, such 
provisions shall— 
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(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; 
(C) provide that technical assistance shall 
not be a substitute for nor supplant economic 
assistance; and 
(D) not promote the exportation of goods 
produced 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 
agreement to apply measures that the country 
considers necessary for the maintenance or res-
toration of international peace or security, or 
the protection of its own essential security in-
terests, including regarding infrastructure, serv-
ices, manufacturing, and other sectors; 
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(B) explicitly state that if a country in-
vokes the essential security exception in a dis-
pute settlement proceeding, 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 a 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, 
shall not be subject to challenge under the dis-
pute resolution mechanism established under 
this agreement, unless the primary purpose of 
the law is to discriminate with respect to mar-
ket access.’’. 
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(14) FEDERALISM.—The agreement may only 
require a State government to comply with procure-
ment, investment, or services provisions contained in 
the agreement if the State government has been con-
sulted in full and has given explicit consent to be 
bound by such provisions. 
(15) TAXATION.—Each agreement shall provide 
for tax equity for U.S. producers and U.S. export-
ers, including by forbidding taxation at the border 
on U.S. exports in excess of taxes applied at the bor-
der by the United States to imports from parties 
and/or banning the rebate of taxes on exports in 
amounts in excess of any taxes rebated by the 
United States. 
SEC. 5. RENEGOTIATION OF EXISTING TRADE AGREE-
MENTS. 
The President shall submit to Congress a plan for 
renegotiating each trade agreement that is in effect on the 
date of the enactment of this Act to bring the trade agree-
ment into compliance with the requirements of section 
4(b) not later than 90 days before the earlier of the day 
on which the President— 
(1) initiates negotiations with a foreign country 
with respect to a new trade agreement; or 
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(2) submits a bill to Congress to implement a 
trade agreement. 
SEC. 6. ESTABLISHMENT OF CONGRESSIONAL TRADE 
AGREEMENT REVIEW COMMITTEE. 
(a) ESTABLISHMENT.—There is established a Con-
gressional Trade Agreement Review Committee. 
(b) FUNCTIONS.—The Committee— 
(1) shall receive the report of the Comptroller 
General of the United States required under section 
3; 
(2) shall review the plan for renegotiation of 
trade agreements submitted by the President under 
section 5; and 
(3) may, not later than 60 days after receiving 
the plan described in paragraph (2), add items for 
renegotiation to the plan, reject recommendations in 
the plan, or otherwise amend the plan by a vote of 
2⁄3 of the members of the Committee. 
(c) APPOINTMENT AND MEMBERSHIP.—The Com-
mittee shall be composed of the chair and ranking mem-
bers of the following: 
(1) The Committee on Agriculture of the House 
of Representatives. 
(2) The Committee on Education and Labor of 
the House of Representatives. 
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(3) The Committee on Energy and Commerce 
of the House of Representatives. 
(4) The Committee on Financial Services of the 
House of Representatives. 
(5) The Committee on Foreign Affairs of the 
House of Representatives. 
(6) The Committee on the Judiciary of the 
House of Representatives. 
(7) The Committee on Natural Resources of the 
House of Representatives. 
(8) The Committee on Small Business of the 
House of Representatives. 
(9) The Committee on Transportation and In-
frastructure of the House of Representatives. 
(10) The Committee on Ways and Means of the 
House of Representatives. 
(11) The Committee on Agriculture, Nutrition, 
and Forestry of the Senate. 
(12) The Committee on Banking, Housing, and 
Urban Affairs of the Senate. 
(13) The Committee on Commerce, Science, 
and Transportation of the Senate. 
(14) The Committee on Energy and Natural 
Resources of the Senate. 
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(15) The Committee on Environment and Pub-
lic Works of the Senate. 
(16) The Committee on Finance of the Senate. 
(17) The Committee on Foreign Relations of 
the Senate. 
(18) The Committee on Health, Education, 
Labor, and Pensions of the Senate. 
(19) The Committee on the Judiciary of the 
Senate. 
(20) The Committee on Small Business and 
Entrepreneurship of the Senate. 
SEC. 7. SENSE OF CONGRESS ON REQUIREMENTS FOR 
TRADE AGREEMENTS. 
(a) IN GENERAL.—It is the sense of Congress that 
the requirements described in subsection (b) shall apply 
to any trade agreement that— 
(1) is in effect with respect to the United 
States on the date of the enactment of this Act; or 
(2) enters into force with respect to the United 
States on or after such date of enactment. 
(b) REQUIREMENTS
WITH
RESPECT
TO
TRADE 
AGREEMENTS.—The requirements described in this sub-
section are the following: 
(1) The trade agreement shall result in the cre-
ation of jobs in the United States, increased wages, 
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