Title: Protecting American Innovation Act
Policy area: Foreign Trade and International Finance

Summary:
Protecting American Innovation Act
This bill establishes certain limitations on modifying trade agreements, including those related to the TRIPS Agreement (i.e., the Agreement on Trade-Related Aspects of Intellectual Property Rights). The TRIPS Agreement contains obligations for World Trade Organization members to protect patents and other intellectual property rights.
Specifically, the bill prohibits the President (or any U.S. official, employee, or agent) from negotiating or concluding any withdrawal, suspension, or modification to a trade agreement that adversely affects the rights of the United States or U.S. persons under a trade agreement with China or Russia.
Additionally, the bill states that a TRIPS waiver to address the COVID-19 pandemic shall not take effect if (1) the President does not submit required reports from the Department of Commerce and the Department of Defense (DOD), (2) the Commerce report concludes that the TRIPS waiver will not result in an increase in global vaccine access, or (3) the DOD report concludes that the TRIPS waiver would adversely impact U.S. national security.
Prior to entering into a negotiation with a trading partner concerning a suspension of or modification to a trade agreement, the bill requires (1) the U.S. Trade Representative to publish certain information in the Federal Register and allow for public comment, and (2) the President to provide written notice and consult with Congress. Further, the President shall not enter into any suspension of or modification to a trade agreement unless the President has complied with such consultation requirements and receives congressional approval.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3788 Introduced in House (IH)]

<DOC>






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 committee concerned

_______________________________________________________________________

                                 A BILL


 
To establish limitations on modifications to trade agreements, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives 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 
        international trade. Congress has used that authority to 
        approve a number of trade agreements, including 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 innovation.
            (3) The United States may not withdraw or otherwise alter 
        the rights and obligations for the United States arising from a 
        congressionally approved trade agreement without the consent of 
        Congress.
            (4) The United States is a global leader in containing 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 facilities 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 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, Congress 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 intellectual property 
        rights that supplement and strengthen the standards'' of the 
        TRIPS Agreement.
            (8) Longstanding intellectual property protections are 
        critical to efforts by the United States and the 
        biopharmaceutical industry to develop and manufacture vaccines 
        for both people in the United States and around the world.
            (9) The United States is committed to providing global 
        access to COVID-19 vaccines.
            (10) In order to accelerate production and distribution of 
        COVID-19 vaccines, biopharmaceutical manufacturers in the 
        United States are collaborating at a scale that previously was 
        unimaginable, including by entering into hundreds of voluntary 
        manufacturing, production, and other partnerships around the 
        world.
            (11) Manufacturing each of the COVID-19 vaccines involves 
        highly specialized and unique infrastructure and equipment, as 
        well as highly trained and experienced personnel. Manufacturing 
        and distributing 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 undermine the global 
        response to the COVID-19 pandemic and compromise vaccine 
        safety, including by disrupting the distribution of scarce raw 
        materials for vaccines that existing vaccine makers with proven 
        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 intellectual property protections 
        under the TRIPS Agreement 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 confusion, and raised 
        concerns that a successful effort to suspend protections will 
        weaken already strained supply chains and foster the 
        proliferation of ineffective and potentially dangerous 
        vaccines.
            (14) The Trade Representative has not explained how a 
        waiver of the TRIPS Agreement will expand vaccine production 
        and access, particularly considering that the major impediments 
        to vaccination 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.
                    (D) Trade barriers to the free flow of inputs and 
                finished products.
            (15) The Government of the People's Republic of China and 
        the Government of the Russian Federation are engaged in large 
        scale industrial espionage 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 Republic 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 Federation 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 Republic 
        of China and the Russian Federation appear to be less 
        efficacious than those manufactured by producers in the United 
        States. The Academy of Military Science, the scientific arm of 
        the military of the People's Republic of China, is sponsoring 
        the principal effort by the People's Republic of China to 
        develop its own mRNA vaccine.
            (17) At a hearing before the Committee on Finance 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 companies 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 Agency invested not less than 
        $250,000,000, raises serious economic and national security 
        concerns.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (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 community, with 
        the assistance of the United States, to efficiently and quickly 
        manufacture and distribute COVID-19 vaccines around the world, 
        and in particular 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;
            (7) waiving intellectual property protections could lead to 
        the production of substandard, ineffective, 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 intellectual property obligations under the TRIPS 
        Agreement;
            (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 pandemic until those implications 
        are fully analyzed.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Finance of the Senate and the Committee on Ways and Means of 
        the House of Representatives.
            (2) Commission.--The term ``Commission'' means the United 
        States International Trade Commission.
            (3) Ministerial change.--The term ``ministerial 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 
        obligations of a party to the trade agreement.
            (4) Official advisor.--The term ``official advisor'' means 
        a person accredited by the Trade Representative on behalf of 
        the President as an official adviser to the United States 
        delegations to international conferences, meetings, and 
        negotiating sessions relating to international trade 
        negotiations, and who may attend any portion of those 
        negotiations.
            (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 determined is a government that has 
        repeatedly provided 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 Control 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 
        Agreements Act (19 U.S.C. 3511(d)(15)).
            (10) TRIPS waiver.--The term ``TRIPS waiver'' means any 
        waiver of an obligation imposed on members of the World Trade 
        Organization under the TRIPS Agreement.
            (11) World trade organization; wto; wto agreement.--The 
        terms ``World Trade Organization'', ``WTO'', and ``WTO 
        Agreement'' have the meanings given those terms in section 2 of 
        the Uruguay 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 official, employee, 
        or agent of the United States, may not negotiate or conclude 
        any withdrawal, suspension, or modification to a trade 
        agreement that adversely affects, nullifies, or impairs the 
        rights of the United States or United States persons under a 
        trade agreement with respect to the People's Republic 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 determined by the President, 
        including suspension from duty without pay or removal from 
        office.
            (3) Report on violations.--Immediately following any 
        violation of subsection (a) by an official, employee, or agent 
        of the United States, the President shall submit to the 
        appropriate congressional committees a report setting forth a 
        statement regarding 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 Federation, including with respect to intellectual 
        property rights; or
            (2) if the President failed or refused to consult on the 
        amendment or modification pursuant to sections 6 and 7.

SEC. 6. LIMITATIONS AND ANALYSIS OF WAIVER OF OBLIGATIONS UNDER 
              AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL 
              PROPERTY RIGHTS WITH RESPECT TO ADDRESSING THE COVID-19 
              PANDEMIC.

    (a) TRIPS Waiver.--A TRIPS waiver with respect to addressing the 
COVID-19 pandemic shall not take effect with respect to the United 
States if--
            (1) the President fails to submit the reports required 
        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, employee, or agent of 
        the United States enters into negotiations 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 Representative, the Secretary of 
        Health and Human Services, the Commissioner of the Food and 
        Drug Administration, and the Director of the Centers for 
        Disease Control and Prevention shall submit to Congress 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 vaccines 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 technologies;
                            (vi) manufacturing in the United States of 
                        COVID-19 vaccines and related technologies and 
                        the inputs needed to produce those vaccines and 
                        related technologies; 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 vaccine access during 
                the one-year period beginning 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 relative 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 conclusion of whether a TRIPS waiver with respect to 
        addressing the COVID-19 pandemic will increase global vaccine 
        access during the one-year period beginning on the date of the 
        enactment of this Act.
    (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 
        respect to addressing the COVID-19 pandemic on the national 
        security of the United States, in particular whether such a 
        waiver that extends to mRNA technology 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, employee, or 
                agent of the United States enters into negotiations 
                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 Defense shall submit to 
                the President and the appropriate congressional 
                committees a report on the findings 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 SUBMISSION TO CONGRESS.

    (a) Trade Representative Engagement With the Public.--
            (1) In general.--Before entering into any negotiation with 
        a trading partner concerning a suspension of or modification to 
        a trade agreement, including a waiver of obligations, the Trade 
        Representative 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 agreement 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 comments concerning the notice 
        required under paragraph (1) for a period of not less than 30 
        days, and shall hold a hearing to hear testimony from members 
        of the public.
    (b) Initial Evaluation by the Commission.--
            (1) In general.--After the end of the comment 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 specific 
                provisions that preclude the United States from meeting 
                its objectives;
                    (C) a description of how the Trade Representative 
                plans to remedy those inadequacies;
                    (D) evidence supporting those inadequacies; and
                    (E) a justification for why the suspension or 
                modification would remedy those inadequacies.
            (2) Hearing and report.--
                    (A) Publication of report.--For each suspension of 
                or modification to a trade agreement for which a plan 
                was submitted to the Commission under paragraph (1), 
                the Commission shall publish on an internet website of 
                the Commission a report evaluating--
                            (i) the existence and extent of the 
                        purported inadequacies in the trade agreement;
                            (ii) what progress, if any, the plan might 
                        make in remedying those inadequacies; and
                            (iii) the likely impact of the suspension 
                        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 imports, aggregate 
                        employment and employment opportunities, 
                        production, employment, and competitive 
                        position of industries likely to be 
                        significantly affected by the suspension or 
                        modification, and the interests of consumers.
                    (B) Public hearing.--The Commission shall conduct a 
                public hearing for each suspension 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 publish the 
                report required under subparagraph (A) with respect to 
                a suspension of or modification to a trade agreement 
                for which a plan was submitted 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 Commission 
                determines that certain aspects of a report required to 
                be published under subparagraph (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) published a redacted report under 
                        subparagraph (A); and
                            (ii) submit to the appropriate 
                        congressional committees an unredacted report.
                    (E) Negotiation.--The Trade Representative may 
                proceed to enter into negotiations with a trading 
                partner with respect to a suspension 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 
                subparagraph (A) of the report regarding that 
                suspension or modification.
    (c) Congressional Consultation During the Course of Negotiations.--
            (1) Notice.--Not later than 60 days before entering 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 
        President shall provide written notice to Congress of the 
        intention of the President to enter into the negotiations, 
        which shall include--
                    (A) the date on which the President intends 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 required under 
                paragraph (1) with respect to negotiations concerning a 
                suspension of or modification 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 respect to 
                negotiations described in paragraph (1), the Trade 
                Representative shall consult closely and on a timely 
                basis with the appropriate 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 before 
                tabling it in the negotiation.
            (3) Designation of advisors.--The chair and ranking member 
        of each of the appropriate congressional 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 Representative 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) following a negotiating 
                session shall take place not later than 5 business days 
                following the session.
    (d) Timing of Existing Report.--Notwithstanding the timing 
requirements under section 135(e)(1) of the Trade Act of 1974 (19 
U.S.C. 2155(e)(1)), the report required under that section regarding 
any trade agreement entered into under subsection (a) or (b) of section 
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 agreement, unless--
            (1) the President has complied with all consultation 
        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 suspension or modification.
    (f) Joint Resolution.--
            (1) In general.--The President may seek a joint resolution 
        from Congress granting the President authority to enter into a 
        suspension of or modification to a trade agreement as follows:
                    (A) The President shall post the text concerning 
                the relevant changes to the trade agreement on a 
                publicly available website of the Office 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 publish on a publicly available 
                website of the Commission a report on how the changes 
                to the trade agreement will impact employment, economic 
                growth, and consumers in the United States. The 
                Commission shall publish that report 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 Congress on a day 
                on which both Houses of Congress 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 Commission 
                        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 approving a 
        suspension of or modification to a trade agreement may be 
        introduced in either House of Congress by the chair or ranking 
        member of one of the appropriate 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 introduced 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 introduction of a 
        joint resolution under paragraph (2), the appropriate 
        congressional committees shall, as appropriate, hold hearings 
        and briefings and otherwise 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 committee 
        shall be automatically discharged from further 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 Committee 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 reported by 
                        the Committee on Ways and Means or the 
                        committee has been discharged 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 announces to the House his or 
                her intention to do so.
            (7) Rules of senate and house of representatives.--This 
        subsection is enacted by Congress--
                    (A) as an exercise of the rulemaking power of the 
                Senate and the House of Representatives, 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 constitutional 
                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.
                                 <all>