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(GAMA REMITRESMITNE O07. uaseus ALR “To sanitation om moiratons to trade agreements el for ober IN THR HOUSE OF REPRESENTATIVES. “Mr, Suri of Nn ints the flag il wich was err to the Commitee on A BILL ‘To establish limitations on modifications to trade agreements, id for other purposes, 1 Be i enacted by the Senate and House of Representa- 2 tives ofthe United States of America in Congres assembled, 3. SECTION 1. sHonr TITLE. 4 ‘This Act may be eited as the “Protecting: American 5 Tunovation Act” 6 SEC. 2, FINDINGS. 7 Congress finds the following: 8 (1) Section 8 of article T of the United States 9 Constitution provides Congress with anthority. over pimepasiaszonotesoetam! —easeeas) fides a8 zap) (GAYA NGMFTNESMITNE 007 XML international trade, Congress has used that author ity to approve A number of trade agreements, inelud- ing the WTO Agreement, (2) Section 8 of article T of the United States Constitution provides Congress with anthority. to provide intellectual property protections in onder to “promote the progress of seignce and useful arts” People in the United States rely on those protections to support jobs and coutinne the highly sucessful leadership of the United States with respect to inno- vation. (8) The United States way not withdraw or otherwise alter the rights ané obligations for the United States arising from a eongressionally ap- proved trade agrooment without the consent of Con- ros (4) The United States is a global leader in eo taining and ending the COVID-19 pandemic. (5) Trmovatons in tho Unitnd States sarccossfully and rapidly brought to fruition vaecines that provide highly effeetive protection against COVID-19. At fa- ilities across the United States, thousands of United States workers are working around the clock: to manufacture COVID-19 wovines, contributing to, the rapid, global scale up of manufacturing that is sAMASHAaNDUSHESONAand ORE ‘OMAN TSMHITNESSMTTNE 607.XMI. 3 sxpected to reuch at lest 10,000,000,000 doses by tho onl of 2021 (6) The Un the Work! Trate Organization. The United. States fed States is a founding member of Ihas secured and supported critical commitments in the WTO for protection of intellactal property of United States persons and globally, including, wider the Trade-Kelnted Aspects of Intellectual Property Rights Agreement or the TRIPS Agreement (7) In implementing the Uruguay’ Round, Cone ress established wer seetion 315 of the Urniguay Round Agreements Aet (19 USC, 3581) that it is the objertive of the United States to “aevelerate the implementation” of the TRIPS Agreement ant to “seek estetment and effective implementation by foreign countsies of laws to protect and enforee ine tolleetual property rights’ that supplement and strongthun the stan unis" of the TRIPS Agreement (8) Longstanding intelletual property protee- tious are eritieal to efforts by the United States and the biopharmaceutical industry to develop and ma tufacture vaccines for both people in the United States and around the world. (9) The United States is committed to pro- viding global acvoss to COVID-19 vaccines. GAM\INSMITNESMITNE 007 XML 19 20 2 2 2 24 25 4 (10) Th onder to ne te production andl die tuibution of COVID-19 vaccines, biopharmscentical manufietnrers in the United States are collaborating at a seale that previo Ay way unimaginable, ine ing hy entering into hundreds of voluntary mannfae- turing, production, and other pasterships around the wort (11) Manufacturing each of the COVID-19 ‘weeines invulves highly specialized aul unique infra structure and eqnipmen as ell as highly trained and experienced) personnel, Manufacturing and die tviluting sate and effective COVID-19 vaccines on 2 plobol sale is inredibly challenging, Many experts cy vneeine produetion anxd distribution are warning ‘Oat wiv intelectual property proteetions wil - dormine the global response to the COVID-19 pan- demic and compromise vaceine safety, including: by’ disrupting the distribution of searee raw materials for vaccines that exist ng vneeine makers ith pro fen track records for delivering high-quality, sa, and effective ecines need to continne their ov produetion (12) ‘The United States ‘Trade Representative annonneed ithont sm’ consultation with, Congress that the United States will support a waiver of intel panosisaoesiaca tm eee) CGAMAYASMITNEASMETNE. 007 XO 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 815 of the Uniguay Round Ayneoments Act (19 USC. 8580). (13) ‘That waiver anmoxmeement created eontue sion, and raised concors that a successful effort to suspend protections will wenken already’ strained supply chains and foster the pruliferation of ineftec- tive and potentially dangerous vaccines. (14) The Trade Represntative has nut ex nent will plained how a waiver of the ‘TRIPS Agre expand vaccine produetion an access, partienlanly considering that the major impediments to vaceinn- fiow efforts inelude the following (A) The difficulty in meeting the teebnieat specifications of produetion and appropriately ensuing that finished vaccines are high-qualit safo, and effective. (B) The seareity of raw materials for the (C) Last-nile distribution and eold-ehain: stornge, Bane see enn) {GAMNINSMITNEASMITNE_OOTXME 6 (D) ‘Trade barriers t9 the free law of ine mts and Gnshed prodets (15) The Goverment of the People’s Republic of China and the Goverment of the Russian Fed- vation ave engaged in large seale industrial espio- nage and technology theft of intellectual property of United States persons. The Department of Justice lias issued indictments jn coneetion with attempts sponsored by the Government of the People’s Repnb- lic of China to steal United States vaerine research with rospeet to COVID-19, (16) The Goverment of the People's Repub of China and the Goverment of the Russian Fede cation ave using their vaceines as part of diplomatie efforts that may be contrary to the national security interests of the United States. Vaccines for COVID— 19 manafaetared hy persons in the People’s Repub- lie of Chim and the Russian Federation appear to be lest efficacious than those manufactured by pro Adneors in the United States, Phe Academy of Mii- ciontitic arm. of the military of the tary Seionee, the People's Kepublic of China, 1 sponsoring: the prine cipal effort by the People's Republie of Chinn to de- velop its own mRNA vaccine, tooaiaseocaee2ottant ie {GMS MITWESSMITNE_0O7 XM. 7 (17) At a hearing before the Committee on Fi- unanee of the Senate on May 13, 2021, the Trade Representative would not commit either— (A) to ensure that any waiver of the TRIPS Agreoment would eschude the People's nd the Russian Federation; Republic of Chim {B) to ensure that Congress has advanee twee to the negotiating proposals of the United States for ange xueh waiver (18) ‘The inmovative bioplnumaceutieal eompn- han nies in the United States contribute mo $1,100,000,000,000 annually to the United States: ecniomy, and employ more thn 500,000 workers ang 1.4 fines the average estnings in the United States, including. 153,000 workers who do not have a college degree (19) Waving intlletual oroperty protections, particularly of the mRNA tedmology platform in: Which the Defonso Advaneod Research Project Ager cy invested not less than $250,000,000, raises sorie ‘ous ceonnie and national seaity couecrns. SEC. 2. SENSE OF CONGRESS, Its the sense of Congress that— pimeooreancaecz oun (sees) ‘GAMMA MTTNESMTNE_ 007 XML 8 (1) the United States shoukl conte to at as ‘global leader to Help contain and end the COVID~ 19 pancemsie at hone ant abroad (2) innovators in the United States are already heroes for their breakthrough work in developing anid prodtacing COVID-19 vaeeines; (3) it shuld he a privity of the global commu tity, with the assistance of the United States, to of ficiently and quiekly manufieture and distibute COVID=19 vuevines arn the work, andl par ticular to those countries that are most vulnerable; (4) current impediments to further yaecination efforts are due to (A) the technically diffienlt manufacturing requirements for (B) the weet (0 appropyiately ensure Hat vaccines are high-quality, safe, and effective; (C) rae material constraints; and (D) difficulties in distribution; (5) intellectual property protections — for COVID-IY vaccines ot impeded vaesination efforts for COVID-19; (6) intellectual property proteetio in fhet help ensue the sale and efficient mamufieturing of COVID=19 vaccines; givmupwsreeapesteczodtam —(oHee) tase son) ‘GAM MFTWEAGMITNE. 007 X4ML 19 sre, 9 (7) waiving: intellectual property protections emi lead to the proxuetion of substandand, ieftee- tive, aud potentially unsafe COVED-19 vaceines, (8) the Trade Representative must consult with Congress hefore takin TRIPS Age 1 position on the current went waiver proposal before the WTO and any further proposals to waive or weaken intel: Joetual property obligations under the TRIPS Agree- (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 seenty in the United States; andl (10) the United States must oppose any’ waiver to intellectual property obligations mer the TRIPS Agreement for the response to the COVID=19 pan- demic until those implications ave Fall analyzed In this Act (1) Aprrorriate cone wOxM. comauT- ‘Tees —The term“ ‘appropriate congressional come rittoes” means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, AVLDasHen0EN Hee Sum — eRe) fen 20e cape) 10 1 (2) Commissiox—The term “Commnion 2 means the United States International Trade Com- 3 mission 4 (3) MixtsteRIAL cHANUR—The term “mine 5 istorial change, with respect to a trade agreement, 6 means a change to adkdnas a clerics, typographical, 7 or grammatical error and does wot clude any 8 change that would change the intend rgts oF ob- 9 tigutions of » party to the trade ngrecmnt 10 (4) OFFICIAL ADVISOR —The term “official ad- 11 sor" means & potson aosreited hy the Trade Re» 12 resentative on behalf of the Prosident 98 an offi 13 adviser 10 the United States delegations to inter 14 national eonferenees, mestings, andl negotiating es 15 sions lating to international trade negotiations, 16 ane who may’ attend any portion af those negotiae 17 tions 18 (5) COVID-19raxpee—The term 19 “COVED=19 pundemie” means the outbreak of novel 20 coronavirus (COVID-19) that vas declared hy the 21 World Health Ongunization on March 11, 2020, to 22 bea pandemic 2 (6) Seane sboxson ov meItKOIEL—The term 24 “state sponsor of tervorism” meas a eoutry the 25 government of which the Secretary of State has de- srnupestssosnsstient stem) n termined ix a government that has repeatally pro vided support for acts of international terverism, for purposes of (A) section 1754((1)( ANG) of the Export Control Reform Act of 2018 (50 USC. 4813(E)( MAID; (B) section 620A of the Foreign Assistance Act of 1961 (22 USC. 2371); (€) seetion 40(@) of the Arms Export Con. trol Aet (22 U.S.C 2780(4)); or (D) any other provision of law. (D Trape screemeNt—The tenw “trade agreement?” means any trade agreement to whieh the United States is a party that has been approved by ‘Congress, including the TRIPS Agreement. (8) TRADE REPRESENTATIVE —The term “rade Representative” means the Unitel States Trade Representative, (9) TRIPS aukeewenr—The term “TRIPS. Agreement” means the Agreement on Trad>Related Aspeets of Iatelloctial Property: Rights referred to in section 101(€)(15) of the Uruguay Round Agree= ments Aet (19 U.S.C. 3511(0)(15)). (10) TRIPS warren —The term “TRIPS waiv- er” means any waiver of an obligation imposed on srosteannesiezouam (ee) 2 1 members ofthe World Trade Organization under the 2 TRIPS Agveoment 3 (11) Wort Tape oncastaatioy; wro; wro- AUREEMENT.—The terms “World Trade Organiza tion”, “WTO”, and “WPO Agrooment™ have the meanings given those terms in seetion 2 of the Ur 4 5 6 7 gquay Round Agreements Act (19 T.8.C, 2501) 8 SEC. 5, PROHIBITION ON COMPROMISING UNITED STATES. 9 ‘TRADING RIGHTS TO CHINA AND RUSSIA. 10 (a) PRomirt0x oN Wrrtiprawat, SUsP3Nsiox, Of HL Mopiercation. — 2 (2) IN GeNerat.—The President, and any offi- 13 cial, employee, or agent of the United States, may 14 not negotiate or conclude any withdrawal, suspen- 15 sion, oF modification to a trade agreemeat that ad. 16 versely affects, nullifes, or impairs the rights of the: 17 United States or United States persons under a 18 trade agreement with respect to the People’s Repnb- 19 Tie of China or the Russian Federation, 20 2) Discwiine.—Any official, employee, or 21 agent of the United States who violates subsection 22 (a) shall be subject to appropriate discipline, ax de- 23° termined by the President, including suspension 24 frum duty withont pay or removal from office, gxminosiecoarezacttam — 4aztenh) fe e.2027 0m) (GMAINSMITNESSMITWE, 007 XML 11 ro Aoneearyt 13 (3) Revorr oy vioLarions—tmmediately fo lowing any violation of subseetion (a) hy’ an oficial, employee, oF agent of the United States, the Presi dent shall submit to the appropriate congressional committees a report setting forth a statement re szurding the violation and a deseription of the ations taken with respect to the official, empleyee, oF agent, ax the ease may be, including all relevant facts og Mopiricarion (0) No Brrxcr oF AwENpuE No amendment or other modification 12. to a trade agreement, inelnding a waiver of one oF more 13. provisions of the agreement, shall take effeet with respect 14 to the United States— 1s 16 ” 18 19 20 au 2 2B (1) if the amendment oF modification adverse affects, mullfies, or impairs the ben its to the United States under the agreement with respeet to the People's Republie of China or the Russian Ped ration, including with respect to intellectual prope exty rights; or (2) if the President failed or refused to consult ‘oy the amendment oF modi ion pursuant to see tions 6 and 7, gimunwsiczoarecz cums ee2an) (GAMAUTGMFTNESMITNE. 007 XML 6 “ LIMITATIONS AND ANALYSIS OF WAIVER OF OBLI- GATIONS UNDER AGREEMENT ON TRADE-RE- ERTY RIGHTS WITH RESPECT T0 ADDRESS. ING THE COVID-19 PANDEMIC. (a) TRIPS Waiver—A TRIPS waiver with respect to addressing the COVID-19 pandemic shall not take ef: fuct with respoct to the United States if— (1) the President fails to submit the reports rex quired under subsections (b) and (e)(2) prrsuant to the requirements of those subsections; (2) the report required under subsection (b) concludes that the TRIPS waiver will not result in an inerease in global vaewine access; or (8) the report required under subsection ()(2) coneludes that the TRIPS waiver would adverse impact the national seenrity of the United States, (b) IyrekaueNcy Punic Heavrut REvowr, (1) Is GExERAL.—Betore any official, em: ployee, or agent of the United States enters into n gotiations concerning a TRIPS waiver with respect to adidvessinge the COVID-19 pandemic after the date of the enactment of this Aet, and not Inter than 60 days after such date of enactment, the Secretary of Commeree, in consultation with the ‘Trade Rep- resentative, the Seerety of Health and Human {Gx AS MITNEASMITNE_OO7 XML fice aseate20pm) vires, the Commissioner of the Food and Drug Administration, and the Ditvetar of the Centers for: Disease Control and Prevention shall submit to Con- gress al roport assessing — (A) how the TRIPS waver would impat dling the period beginning on the dite of the enactment of this Act and exting on December 31, 2022— (i) neewss 10 vneeines in the United States; (ii) access to vaccines global (ii) global supply chains of COVID= 19 vaewines and related tesnologies and the inpmts weeded to prexice those vues ines and related technologies; (ix) the gross domestic prouet of the United States; (0) exports and ianponts by the United tos of COVID-19 vaccines and related technologies and the inputs needed to prodigy those vaeines and related tech wologien (ci) mamutaetoring in the United States of COVID-19 vaceines and related teelnologies and the inputs nealed to ssc ‘G.I NSMITNESMITWE_ 607 XM 16 1 produce those vaccines and related tech- 2 nologies; and 3 (vi) investment in vaeeine produetion 4 in the United States and in research and 5 dovelopment for future vaccines; 6 (B) what existing Mesibilities within the 7 ‘TRIPS Agreement ean be used to expetlite vae- 8 cine access dnving the one-year peviod hep 9 hing on the date of the ennetment of this Aet 10 and how those exibilities may be effeetively n used and 2 (C) other reasonably feasible alternatives B to the TRIPS waiver that might espedite global 4 vaccine production during that one-year period 1s and the effectiveness of those alternatives 1 16 ative to a TRIPS waivor, including distribution "7 from the United States or from other countries. 18 2) Pusiiexrion OF REPORT.—The Seeretary 19 of Commerce shall publish the report. required ander 20 paragraph (1) on a publicly available website of the 21 Department of Commerce, which shall inelude # eon 22 clusion of whether a TRIPS waiver with respect to 23 addvessing the COVID-19 pandemic will inerease 24 global vaccine aovess dusing the one-year period bee 25 ing on the date of the enactment of this Aet Sec reauee aoa ese20n) ‘GAMRITSMITNESSMITNE 07 XMI 7 (e) Narionan. Seeunery Ty UNTION— (2) Is GkNEKAL—The See! 3 of Defense shall couduet an investigation, in consultation with the Secretary of Comm ve, the Seervtary uf Heulth and Human Services, and the Trade Represertative to determine the effeets of a TRIPS waiver with re- spedt to addressing the COVID-19 pandemic on the ational seenrity of the United States, in particular whether such «waiver that extends to mR A toh ology could contetbute to future deplayment o that technology hy the People's Republic of China, the Russian Federation, or counties designated as state sponsors of terror 2) Revorr— (A) Is cee. —I wre any official, em- ployee, or agent. of the United States entere into nogotintions concerning: « ‘TRIPS wav with respect to addvessing the COVID-19 pane demic after the date of the emuetment of thie Act, and not Inter than 60 days after suds date the Seervtary of Defense shall submit to the President and the appropriate sssional conmnttees a report on the find ings of the investigation under paragraph (1), including the recommendations of the Secretary gumtoociszaocat2ottamt — se220) 18 for action or inaction regarding the ‘TRIP (B) Apvi determines that a TRIPS waiver with respect to. AE the Sueretary of Defense addressing the COVID-19 pandemie threatens to impair national seemty, the Secret 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. 13° (@) Tabs REPRESENTATIVE ENGAGEMENT Wreu 14 ue Pome — 15, (1) Ts GENERAL. —Before entering into any ne 16 gotiation with a trading partier concerning a s+ 17 pension of or modifieatin. to a trade agreement, in 18 ending w waiver of obligations, the ‘rade Represen 19 ative shall publish in the Federal Register a notioe 20 identifying — 21 (A) the objectives of the United States for 2 at negotiation; 2B (B) the rationale for why the trade agvec- 4 ment does not preset allow the United States 25 to meet those objetivess and fncenta ae2 620m) coxezan1 “CAMAITSMITNE\SMITNE. 007 XML 19 (C) the provision o provisions of the trade agreement that the United States proposes: to suspend oF modify. @) Commmyrs—The Trade Representative Siall allow the publie an opportunity to submit com- ents concerning the noti requ at under para graph (1) for a period of not fess than 30-day, aud siall hold a hearing to hear testimony from men bers of the public (b) Iyrriat, Evanearioy ny ‘rie Conaussstox. — (1) IN GeNeRAL—ARer the end of the eom- period under subsection (a2), an after an evaluation hy the ‘Trace Representative of those comments if the ‘Travle Representative determines to pursue a suspension of o modification to a trade agreement, dhe Trade Representative shall submit to the Commission a plan for the negotiation of the suspension or modification, a the ease may bo, whieh shall nce (A) the objectives of the United States for the negotiation; (B) a description of the inadequacies of the trade agreement, ineluding: by re rence to spe cific provisions that preclude the United States from meeting its objectives; aivoosezzonsiz2 ou (asset) ‘cha te2 20pm) GM RSMITNESSMITHE 007 XML. 20 (C) a doseription of how the Trade Rep= resentative plans to remedy those inadequacies; (D) wxidence supporting those inadeqn- es; and (8) a justifieation for why the suspension or modifi jon would remedy those inadedut- (2) Tranny axp Revowe.— (A) Pusiicatioy oF REroRT—For each suspension of or modification to a trade agree ment for which @ plan was submitted to the ‘Commission under paragraph (1), the Commis sion shull publish ow an internet website of the ‘Commission a report evaluating — (i) the existence and extent of the purported inadequacies in the trade agree ment; Gi) what progress, if any, the plan might make in remedying those inadequa- cies; and (il) the likely: impact of the suspur sion or modification ou the economy of the United States as a whole and on specific industry sectors, including any impact on ross domestic product, exports. and im- emeaan) {GAYA MG MFTNESSMIFNE_ 007 XML ithaca 6209) 2 Ports, aggregate employment and employs tment opportunities, prodvetion, employ- ment, and competitive position of induse tries likely to be significantly affected hy the suspension or modifiation, and the in- terests of consuiners (B) Ponae ieaktNG.—The Commission shall conduct a public hearing for each suspen- sion of oF modification to # tide agreement for ‘which a plan was submitted 0 the Commission tunder paragraph (1) before publishing: a report with respect to that suspension or modifieation under subparagraph (A) (©) Toe —The Commission shall pab- lish the report requived under subparagraph (A) with respect to a suspension of or modification to.a trade agreement for whieh a plan was sub mitted to the Commission under paragraph (1) not earlier than 30 dayss and not later than 120 days after the plan was submitted, (D) Coxripestiat, REPORT.—IE the Con mmission determines that certain aspeets of ne port required to he published under subpara- raph (A) must be kept confidential to protect proprietary data or to protect the interests of cen, ‘Gan TSMITNDSMITME. 007 XML. 18 " 0 a1 2 2 4 2s 7. Comes oF Neworiario 2 the United States with respect to a potenti nogotiation, dhe Commission shalt Gi) prblished a redseted report under subparagraph (5 ae i) submit to the appropriate eongres- sional committees an unredaeted report (B) Neworiartoy. The Trade Represent ative may proceed to enter into negotiations ‘with a trading partner with respect to a suspen sion of oF modification to a trade agreement for ted to the Commission whieh a plan was subs ‘under paragraph (1) not earlier than 5 business lays following the publication under subpara- graph (A) of the report regarding: that suspen= sion or modification (9) Conanmssioxa, Coxsviranoy: Duiixe tne (2) Noriee.—Not later than 6O days before en= tering into any negotiations with a trading partner concerning a suspension of or modification to 9 trade age ent, including » waiver of one or mo provisions oF obligations of the agnaement, the Presic dent shall provide written notice :o Congress of the intention of the President to enter into the negotia tions, which shall include SRMLDOHENOGAGEttomd —_eEeaNy fen ate 820m) ‘GAMA MITNESMITNE. 007 X04 Mecha auea a0 pnt 23 (A) the date on whieh the President ine tends to initiate the negotiations; (B) the specific objectives of the United States for the negotiations; and (©) an assessment of why it is necessary to- suspend or modify the trade agreement in order to meut those objectives (2) Coxsunrarion — (A) Prestenr.—FPollowing the notice re- quired under paragraph (1) with nespeet to ne otiations concerning a suspension of or modi- cation to a trade agreement, the President shall consult with Congnoss with respect to those negotiations as set forth in section 105 of the Bipartisan Congwessionsl ‘Trade Privities and Accountability Act of 2015 (19 USC. 4204) in the same manner as if the susyension or modification was an agreement subjee: to the provisions of tat section ) ADE REVRESEVTATIVE—With re spect to negotiations deseribed in paragraph (1), the Trade Representative shall consult Closely and on a timely sis with the appro- printe congressional committees, keeping those committees fully apprised of those negotiations, eme2an) GMAIASMITRESMITWE, 907 XML 24 24 and provide to those committees, including staf ‘with approprinte sseurity elenranes, ences to the test of any: negotiating proposal or any ol sr document presented by the United States that presents concepts or considerations for the negotiations not later than 5 business days b fore tubling it in the negotiation, (8) DesoxaTiox oF apvisoRs—The chair sand ranking nber of each of the approprinte eon gressional committees may each designate not more ton 4 members of their committee and not more than 3 staffers as official advisors to negotiations esevibed in paragraph (1) (9) Buterine, — (A) IN GENERAL. —The Trade Representa tive shall brief the appropriate congressional committees hefore and after every session with respect to negotiations deseribud in paragraph o (B) Thmse oF FOLLON-UP BRIEFING. —A briefing required mnder subparagraph (A) fole Jowing a negotiating session shall take phace not later than 5 business days following the session, (@) Touxc oP Existixe Rerorr.—Notwith- 25 standing the timing requirements under section 185(e)(1) mimocorenocaceoum (ose) ‘Ga ASMITNESMITNE_ G07 XML 25 rade Act of 1974 (19 USC. 21 of the 1 (e)( 1), the rer port required under that section reganding any trade ‘agreement entered into under subseetion (a) or (b) of see: tion 103 of the Bipartisan Congressienal Trade Priorities: and Accountability Aet of 2015 (19 U.S.C, 4202) shall be provided to the President, Congress, and the Trade Representative not later than 80 days after the date on which the President notifies Congress of the intention of the Prusident to enter into a suspension of oF modification to the trade agreement. eXNION OR MopirIcaTion (6) Atrruonrry von Suse OF 4 TRabe AGREEMENT. —The President shill not enter info any suspension of oF modification to a trae agree ment, unless— (1) the President has complied with all con sutton requirements set forth in subsection (0; andl (2) an Act of Congress is emeted approving the suspension oF modification oF a int resolution is adopted! uner subsection (f) approving: the suspen sion oF modification (9 dont Rrsouimio — @) Is PHAR, The President may seck a Joint resolution from Conyruss granting the Presi- givmiowezonvers chemi lee) i soe np) (G3¥Au NSMITNESMTNE. O07 X¥L 26 out authority to enter into a suspension of er modi= fication toa trae ayroement as follows (A) The President shall post the text eon corning 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 les thaw 5 busines ays (B) The President sliall submit the text concerning the relevant ehanges. to ths trade agreement to the Conision, whiel shall pub lish on a publicly available website of the Com mission a report on how the changes to. the trade agreemen Vill impact employment, ero nomic growth, anid eonsimers in the United States. The Commission shall publish that 1e- port ot earlier than 30 dayss and not hater than 120 days after veeciving from the President the nt changes to the text concerning the nh trade agreement, (GC) ‘The President. shall submit te Con- grows on a day on which both Houses of Cone gress are in session a copy of the final leyal text with respect to whieh the President seeks authority to commit the United States, together with gumtooseazom2ouam (seen) Sicha es ozo) {G1 ASMITNESMITNE 007 XML 25 (i) the report prepared by the Com mission under subparagraph (B); Gi) am identification of any United States laws that may be inconsistent with the text; and (ii) a statement of any administrative action proposed to implement any’ changes to the trade agreement. sTRODUCTION.—A joint resultion approx ing 4 suspension of oF modification to a trade agree ment may be introduced in cither House of Congress by the chair ur ranking member of one of the appro- Driate congressional committees (3) Procepenes IN HOUSE AND SENATE —The provisions of subsections (b) threngh (f) of section 152 of the Trade Aet of 1974 (19 USE, 2192) shall apply with respect to. joint resokition intro- deed mvter paragraph (2) to the same extent and in the same manner as sue provisions apply with respect to a resolution deseribed in subsection (a) of that section (4) Haris ax neaeetes—Pollowing ine Aroduetion of a joint resolution unter paragraph (2), the appropriate congrussional eommitteus shall, as appropriate, hold hearings: and briefiugs and othe grmooneseonaeee ant ste) fice ana 299m) ‘CAMRINSMITRIENSMITE_ 607 XM, 28 wise obtain information in order to fully review the proposed! suspension of or modifieation to a trade agreement, (5) Discuanuz—It the committee of either House to which a joint resolution introduced under Paragraph (2) has been referred has not reported it by the clase of the 40th day after its introduction (excluding any day deseribod in section 154(h) of the ‘Trade Act of 1974 (19 U.S.C. 2194(b)), that come mittee shall be automatically discharged from fare ther consideration of the joint resolution and it shall be placer on the appropriate ealens (6) Coxsipenarion.— (A) Is aexrate Ht i notin order for (i) the Senate to consider any joint resolution introduced inder paragraph (2) ales it bas bean reported hy the Come mittee on Finanee or the committec has boon discharged under paragraph (5); oF (i) the House of Representatives to consider nny joint resolution introduced sue paragraph (2) ules i has een ree Ported by the Committee on Ways amd Mems or the committee is been di charged under paragraph (5). grmuooruzzonserzottant —(ose2011 Secreta 29pm) {GA¥nUSMFTNESSHTTNE 007M 2 (B) Moro To PROCEED Hs OL oe AMPRESENTATIVES—A motion in the House of Representatives to proceed to the consderation oof 4 joint resolution yr only be made on the second legislative day after the exlendar day’ on Which the Member making the motion an- ounces to the House his or her intentin to do (7) RULES OF SENATE AND HOUSE OF R RESENTATIVES—Phis subsection is enacted by Cone (A) as an exervise of the rulemaking power of the Senate and the Howse of Representa tives, respectively, and as such is deemed a part of the mules of each House, respuctiv and such procedures supersede other rules only te the extent that they are inconsistent with such other rl and (B) with the full recognition of the con stitutional right of either House to change the rules (s0 far as rulating to the procedures of that Touse) at any tin in the same manner, and to the same ostont as any other vale of that. House iigosiceossessceeant — extzan) Seam smo ps) ‘GAMAINSMTTNESMITWE.O07 XML. 30 1 (g) Appuicarton to MivisrektaL, Chane —This 2 seetion shall not apply sith respect to any’ ministerial 3. changes to a trade agrocment aviaesteazonaeeeouam — qaebai)

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