I 
117TH CONGRESS 
1ST SESSION H. R. 3788 
To establish limitations on modifications to trade agreements, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 8, 2021 
Mr. NUNES introduced the following bill; which was referred to the Committee 
on Ways and Means, and in addition to the Committee on Rules, for a 
period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To establish limitations on modifications to trade agreements, 
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 ‘‘Protecting American 
Innovation Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Section 8 of article I of the United States 
Constitution provides Congress with authority over 
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international trade. Congress has used that author-
ity to approve a number of trade agreements, includ-
ing the WTO Agreement. 
(2) Section 8 of article I of the United States 
Constitution provides Congress with authority to 
provide intellectual property protections in order to 
‘‘promote the progress of science and useful arts’’. 
People in the United States rely on those protections 
to support jobs and continue the highly successful 
leadership of the United States with respect to inno-
vation. 
(3) The United States may not withdraw or 
otherwise alter the rights and obligations for the 
United States arising from a congressionally ap-
proved trade agreement without the consent of Con-
gress. 
(4) The United States is a global leader in con-
taining and ending the COVID–19 pandemic. 
(5) Innovators in the United States successfully 
and rapidly brought to fruition vaccines that provide 
highly effective protection against COVID–19. At fa-
cilities across the United States, thousands of 
United States workers are working around the clock 
to manufacture COVID–19 vaccines, contributing to 
the rapid, global scale up of manufacturing that is 
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expected to reach at least 10,000,000,000 doses by 
the end of 2021. 
(6) The United States is a founding member of 
the World Trade Organization. The United States 
has secured and supported critical commitments in 
the WTO for protection of intellectual property of 
United States persons and globally, including under 
the Trade-Related Aspects of Intellectual Property 
Rights Agreement or the TRIPS Agreement. 
(7) In implementing the Uruguay Round, Con-
gress established under section 315 of the Uruguay 
Round Agreements Act (19 U.S.C. 3581) that it is 
the objective of the United States to ‘‘accelerate the 
implementation’’ of the TRIPS Agreement and to 
‘‘seek enactment and effective implementation by 
foreign countries of laws to protect and enforce in-
tellectual property rights that supplement and 
strengthen the standards’’ of the TRIPS Agreement. 
(8) Longstanding intellectual property protec-
tions are critical to efforts by the United States and 
the biopharmaceutical industry to develop and man-
ufacture vaccines for both people in the United 
States and around the world. 
(9) The United States is committed to pro-
viding global access to COVID–19 vaccines. 
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(10) In order to accelerate production and dis-
tribution of COVID–19 vaccines, biopharmaceutical 
manufacturers in the United States are collaborating 
at a scale that previously was unimaginable, includ-
ing by entering into hundreds of voluntary manufac-
turing, production, and other partnerships around 
the world. 
(11) Manufacturing each of the COVID–19 
vaccines involves highly specialized and unique infra-
structure and equipment, as well as highly trained 
and experienced personnel. Manufacturing and dis-
tributing safe and effective COVID–19 vaccines on 
a global scale is incredibly challenging. Many experts 
on vaccine production and distribution are warning 
that waiving intellectual property protections will un-
dermine the global response to the COVID–19 pan-
demic and compromise vaccine safety, including by 
disrupting the distribution of scarce raw materials 
for vaccines that existing vaccine makers with prov-
en track records for delivering high-quality, safe, 
and effective vaccines need to continue their own 
production. 
(12) The United States Trade Representative 
announced without any consultation with Congress 
that the United States will support a waiver of intel-
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lectual property protections under the TRIPS Agree-
ment for COVID–19 vaccines. That decision is not 
consistent with the intellectual property negotiating 
objectives of the United States set forth in section 
315 of the Uruguay Round Agreements Act (19 
U.S.C. 3581). 
(13) That waiver announcement created confu-
sion, and raised concerns that a successful effort to 
suspend protections will weaken already strained 
supply chains and foster the proliferation of ineffec-
tive and potentially dangerous vaccines. 
(14) The Trade Representative has not ex-
plained how a waiver of the TRIPS Agreement will 
expand vaccine production and access, particularly 
considering that the major impediments to vaccina-
tion efforts include the following: 
(A) The difficulty in meeting the technical 
specifications of production and appropriately 
ensuring that finished vaccines are high-quality, 
safe, and effective. 
(B) The scarcity of raw materials for the 
vaccines. 
(C) Last-mile distribution and cold-chain 
storage. 
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(D) Trade barriers to the free flow of in-
puts and finished products. 
(15) The Government of the People’s Republic 
of China and the Government of the Russian Fed-
eration are engaged in large scale industrial espio-
nage and technology theft of intellectual property of 
United States persons. The Department of Justice 
has issued indictments in connection with attempts 
sponsored by the Government of the People’s Repub-
lic of China to steal United States vaccine research 
with respect to COVID–19. 
(16) The Government of the People’s Republic 
of China and the Government of the Russian Fed-
eration are using their vaccines as part of diplomatic 
efforts that may be contrary to the national security 
interests of the United States. Vaccines for COVID– 
19 manufactured by persons in the People’s Repub-
lic of China and the Russian Federation appear to 
be less efficacious than those manufactured by pro-
ducers in the United States. The Academy of Mili-
tary Science, the scientific arm of the military of the 
People’s Republic of China, is sponsoring the prin-
cipal effort by the People’s Republic of China to de-
velop its own mRNA vaccine. 
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(17) At a hearing before the Committee on Fi-
nance of the Senate on May 12, 2021, the Trade 
Representative would not commit either— 
(A) to ensure that any waiver of the 
TRIPS Agreement would exclude the People’s 
Republic of China and the Russian Federation; 
or 
(B) to ensure that Congress has advance 
access to the negotiating proposals of the 
United States for any such waiver. 
(18) The innovative biopharmaceutical compa-
nies in the United States contribute more than 
$1,100,000,000,000 annually to the United States 
economy, and employ more than 500,000 workers 
making 1.4 times the average earnings in the United 
States, including 153,000 workers who do not have 
a college degree. 
(19) Waiving intellectual property protections, 
particularly of the mRNA technology platform in 
which the Defense Advanced Research Project Agen-
cy invested not less than $250,000,000, raises seri-
ous economic and national security concerns. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that— 
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(1) the United States should continue to act as 
a global leader to help contain and end the COVID– 
19 pandemic at home and abroad; 
(2) innovators in the United States are already 
heroes for their breakthrough work in developing 
and producing COVID–19 vaccines; 
(3) it should be a priority of the global commu-
nity, with the assistance of the United States, to ef-
ficiently and quickly manufacture and distribute 
COVID–19 vaccines around the world, and in par-
ticular to those countries that are most vulnerable; 
(4) current impediments to further vaccination 
efforts are due to— 
(A) the technically difficult manufacturing 
requirements for vaccines; 
(B) the need to appropriately ensure that 
vaccines are high-quality, safe, and effective; 
(C) raw material constraints; and 
(D) difficulties in distribution; 
(5) 
intellectual 
property 
protections 
for 
COVID–19 vaccines have not impeded vaccination 
efforts for COVID–19; 
(6) intellectual property protections in fact help 
ensure the safe and efficient manufacturing of 
COVID–19 vaccines; 
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(7) waiving intellectual property protections 
could lead to the production of substandard, ineffec-
tive, and potentially unsafe COVID–19 vaccines; 
(8) the Trade Representative must consult with 
Congress before taking a position on the current 
TRIPS Agreement waiver proposal before the WTO 
and any further proposals to waive or weaken intel-
lectual property obligations under the TRIPS Agree-
ment; 
(9) Congress and the people of the United 
States are entitled to comprehensive expert analysis 
regarding the implications of a waiver to the TRIPS 
Agreement for jobs, economic growth, public health, 
and national security in the United States; and 
(10) the United States must oppose any waiver 
to intellectual property obligations under the TRIPS 
Agreement for the response to the COVID–19 pan-
demic until those implications are fully analyzed. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Finance of the 
Senate and the Committee on Ways and Means of 
the House of Representatives. 
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(2) COMMISSION.—The term ‘‘Commission’’ 
means the United States International Trade Com-
mission. 
(3) MINISTERIAL
CHANGE.—The term ‘‘min-
isterial change’’, with respect to a trade agreement, 
means a change to address a clerical, typographical, 
or grammatical error and does not include any 
change that would change the intended rights or ob-
ligations of a party to the trade agreement. 
(4) OFFICIAL ADVISOR.—The term ‘‘official ad-
visor’’ means a person accredited by the Trade Rep-
resentative on behalf of the President as an official 
adviser to the United States delegations to inter-
national conferences, meetings, and negotiating ses-
sions relating to international trade negotiations, 
and who may attend any portion of those negotia-
tions. 
(5) 
COVID–19 
PANDEMIC.—The 
term 
‘‘COVID–19 pandemic’’ means the outbreak of novel 
coronavirus (COVID–19) that was declared by the 
World Health Organization on March 11, 2020, to 
be a pandemic. 
(6) STATE SPONSOR OF TERRORISM.—The term 
‘‘state sponsor of terrorism’’ means a country the 
government of which the Secretary of State has de-
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termined is a government that has repeatedly pro-
vided support for acts of international terrorism, for 
purposes of— 
(A) section 1754(c)(1)(A)(i) of the Export 
Control Reform Act of 2018 (50 U.S.C. 
4813(c)(1)(A)(i)); 
(B) section 620A of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2371); 
(C) section 40(d) of the Arms Export Con-
trol Act (22 U.S.C. 2780(d)); or 
(D) any other provision of law. 
(7) TRADE
AGREEMENT.—The term ‘‘trade 
agreement’’ means any trade agreement to which the 
United States is a party that has been approved by 
Congress, including the TRIPS Agreement. 
(8) 
TRADE
REPRESENTATIVE.—The 
term 
‘‘Trade Representative’’ means the United States 
Trade Representative. 
(9) TRIPS AGREEMENT.—The term ‘‘TRIPS 
Agreement’’ means the Agreement on Trade-Related 
Aspects of Intellectual Property Rights referred to in 
section 101(d)(15) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3511(d)(15)). 
(10) TRIPS WAIVER.—The term ‘‘TRIPS waiv-
er’’ means any waiver of an obligation imposed on 
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members of the World Trade Organization under the 
TRIPS Agreement. 
(11) WORLD TRADE ORGANIZATION; WTO; WTO 
AGREEMENT.—The terms ‘‘World Trade Organiza-
tion’’, ‘‘WTO’’, and ‘‘WTO Agreement’’ have the 
meanings given those terms in section 2 of the Uru-
guay Round Agreements Act (19 U.S.C. 3501). 
SEC. 5. PROHIBITION ON COMPROMISING UNITED STATES 
TRADING RIGHTS TO CHINA AND RUSSIA. 
(a) PROHIBITION ON WITHDRAWAL, SUSPENSION, OR 
MODIFICATION.— 
(1) IN GENERAL.—The President, and any offi-
cial, employee, or agent of the United States, may 
not negotiate or conclude any withdrawal, suspen-
sion, or modification to a trade agreement that ad-
versely affects, nullifies, or impairs the rights of the 
United States or United States persons under a 
trade agreement with respect to the People’s Repub-
lic of China or the Russian Federation. 
(2) DISCIPLINE.—Any official, employee, or 
agent of the United States who violates subsection 
(a) shall be subject to appropriate discipline, as de-
termined by the President, including suspension 
from duty without pay or removal from office. 
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(3) REPORT ON VIOLATIONS.—Immediately fol-
lowing any violation of subsection (a) by an official, 
employee, or agent of the United States, the Presi-
dent shall submit to the appropriate congressional 
committees a report setting forth a statement re-
garding the violation and a description of the actions 
taken with respect to the official, employee, or 
agent, as the case may be, including all relevant 
facts. 
(b) NO EFFECT OF AMENDMENT OR MODIFICATION 
TO AGREEMENT.—No amendment or other modification 
to a trade agreement, including a waiver of one or more 
provisions of the agreement, shall take effect with respect 
to the United States— 
(1) if the amendment or modification adversely 
affects, nullifies, or impairs the benefits to the 
United States under the agreement with respect to 
the People’s Republic of China or the Russian Fed-
eration, including with respect to intellectual prop-
erty rights; or 
(2) if the President failed or refused to consult 
on the amendment or modification pursuant to sec-
tions 6 and 7. 
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SEC. 6. LIMITATIONS AND ANALYSIS OF WAIVER OF OBLI-
GATIONS UNDER AGREEMENT ON TRADE-RE-
LATED ASPECTS OF INTELLECTUAL PROP-
ERTY RIGHTS WITH RESPECT TO ADDRESS-
ING THE COVID–19 PANDEMIC. 
(a) TRIPS WAIVER.—A TRIPS waiver with respect 
to addressing the COVID–19 pandemic shall not take ef-
fect with respect to the United States if— 
(1) the President fails to submit the reports re-
quired under subsections (b) and (c)(2) pursuant to 
the requirements of those subsections; 
(2) the report required under subsection (b) 
concludes that the TRIPS waiver will not result in 
an increase in global vaccine access; or 
(3) the report required under subsection (c)(2) 
concludes that the TRIPS waiver would adversely 
impact the national security of the United States. 
(b) INTERAGENCY PUBLIC HEALTH REPORT.— 
(1) IN
GENERAL.—Before any official, em-
ployee, or agent of the United States enters into ne-
gotiations concerning a TRIPS waiver with respect 
to addressing the COVID–19 pandemic after the 
date of the enactment of this Act, and not later than 
60 days after such date of enactment, the Secretary 
of Commerce, in consultation with the Trade Rep-
resentative, the Secretary of Health and Human 
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Services, the Commissioner of the Food and Drug 
Administration, and the Director of the Centers for 
Disease Control and Prevention shall submit to Con-
gress a report assessing— 
(A) how the TRIPS waiver would impact, 
during the period beginning on the date of the 
enactment of this Act and ending on December 
31, 2022— 
(i) access to vaccines in the United 
States; 
(ii) access to vaccines globally; 
(iii) global supply chains of COVID– 
19 vaccines and related technologies and 
the inputs needed to produce those vac-
cines and related technologies; 
(iv) the gross domestic product of the 
United States; 
(v) exports and imports by the United 
States of COVID–19 vaccines and related 
technologies and the inputs needed to 
produce those vaccines and related tech-
nologies; 
(vi) manufacturing in the United 
States of COVID–19 vaccines and related 
technologies and the inputs needed to 
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produce those vaccines and related tech-
nologies; and 
(vii) investment in vaccine production 
in the United States and in research and 
development for future vaccines; 
(B) what existing flexibilities within the 
TRIPS Agreement can be used to expedite vac-
cine access during the one-year period begin-
ning on the date of the enactment of this Act 
and how those flexibilities may be effectively 
used; and 
(C) other reasonably feasible alternatives 
to the TRIPS waiver that might expedite global 
vaccine production during that one-year period 
and the effectiveness of those alternatives rel-
ative to a TRIPS waiver, including distribution 
from the United States or from other countries. 
(2) PUBLICATION OF REPORT.—The Secretary 
of Commerce shall publish the report required under 
paragraph (1) on a publicly available website of the 
Department of Commerce, which shall include a con-
clusion of whether a TRIPS waiver with respect to 
addressing the COVID–19 pandemic will increase 
global vaccine access during the one-year period be-
ginning on the date of the enactment of this Act. 
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(c) NATIONAL SECURITY INVESTIGATION.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall conduct an investigation, in consultation with 
the Secretary of Commerce, the Secretary of Health 
and Human Services, and the Trade Representative, 
to determine the effects of a TRIPS waiver with re-
spect to addressing the COVID–19 pandemic on the 
national security of the United States, in particular 
whether such a waiver that extends to mRNA tech-
nology could contribute to future deployment of that 
technology by the People’s Republic of China, the 
Russian Federation, or countries designated as state 
sponsors of terrorism. 
(2) REPORT.— 
(A) IN GENERAL.—Before any official, em-
ployee, or agent of the United States enters 
into negotiations concerning a TRIPS waiver 
with respect to addressing the COVID–19 pan-
demic after the date of the enactment of this 
Act, and not later than 60 days after such date 
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 
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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— 
(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 
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(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— 
(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; 
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(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; 
(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-
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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-
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 
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the United States with respect to a potential 
negotiation, the Commission shall— 
(i) published 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.— 
(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— 
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(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 
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, 
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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 
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) 
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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 
(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-
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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 
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— 
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(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-
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-
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(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 
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. 
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(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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