Sec. 201. International partnership agreements
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The United States Trade Representative, at the direction of the President, may— engage in negotiations with countries to encourage the establishment and expansion of international partnership agreements, as provided in this title; establish agreements with foreign countries with respect to proposals to enter into international partnership agreements; implement such an agreement in accordance with subsection (e); or submit a proposal to Congress under subsection
(f)with respect to such an agreement and implement the agreement following the approval of Congress in a manner consistent with that subsection; and perform the oversight and enforcement role necessary to uphold any such agreement. With respect to negotiations for an international partnership agreement under this title, the Trade Representative shall— consult closely and on a timely basis with the appropriate congressional committees, keeping those committees fully apprised of the negotiations; and provide to those committees, including staff with appropriate security clearances, access to the text of any negotiating proposal or any other document presented by the United States or another party to the negotiations that presents concepts or considerations for the negotiations not later than 5 business days before the proposal or other document is formally brought up for consideration in the negotiations. The chairperson and ranking member of each of the appropriate congressional committees may each designate not more than 5 Members of Congress on their committee and not more than 4 individuals on the staff of that committee as official advisors to negotiations. The Trade Representative shall brief the appropriate congressional committees before and after every negotiation session in relation to an international partnership agreement. A briefing required by subparagraph
(A)following a negotiating session shall take place not later than 5 business days following the session. An international partnership agreement may be entered into under this title on the basis of one covered product, multiple covered products, or all covered products. Subject to the requirements under paragraph (3), the United States may enter into an international partnership agreement under this title with— one country; multiple countries; or a group of countries participating in an international forum such as the Organisation for Economic Co-operation and Development or the Group of Seven (G7). In the case of an international partnership agreement previously approved by Congress under subsection (f), additional countries may be added to the agreement without requiring further approval by Congress if the only changes to the agreement— are the addition of a new country to the agreement; and do not require alterations to subchapter E of the Internal Revenue Code of 1986, as added by title I. An international partnership agreement entered into under this title is required to provide for— creation of compatible methods to promote pollution reduction through trade mechanisms by assessing pollution intensity differences between countries; maintenance of the ability of a country that is a party to the agreement to determine methods of pollution reduction within that country; elimination of any fee or charge between countries that are parties to the agreement in a manner compatible to the process described in section 202; elimination or reduction of other duties, import fees, and trade barriers maintained by the country related to covered products; compatible pollution monitoring, reporting, and verification methods that— allow for similar methods to be used to calculate the pollution intensity of covered products and countries that are parties to the agreement, on the basis of the available information within each such country; allow for similar methods to be used to calculate the pollution intensity of covered products imported from countries that are not parties to the agreement; and allow for each country that is a party to the agreement to consistently validate the monitoring and reporting information of the other countries that are parties to the agreement with respect to products covered by the agreement; design characteristics compatible with subchapter E of the Internal Revenue Code, as added by title I; design characteristics compatible with the provisions of this title; and processes for how to add— additional countries to the agreement; and additional covered products to the agreement. An international partnership agreement entered into under this title may include direction for an entity that is not from a country that is a party to the agreement to— serve as a repository of relevant pollution data from countries that are parties to the agreement; provide validation of pollution intensity calculations and other requirements under paragraph (3); and adjudicate discrepancies with respect to such data and requirements between countries that are parties to the agreement. An international partnership agreement entered into under this title is required to provide for each country that is a party to the agreement to maintain the ability to access and validate any pollution information related to other countries that are parties to the agreement. An entity described in subparagraph
(A)may adjudicate discrepancies between countries that are parties to an international partnership agreement entered into under this title only to the extent that such discrepancies relate to requirements under the agreement. An entity described in subparagraph
(A)may not alter the domestic law of a country that is a party to an international partnership agreement entered into under this title, including subchapter E of the Internal Revenue Code of 1986, as added by title I. The requirements described in subsection
(c)with respect to an international partnership agreement are required to be achieved— for high-income countries and upper-middle income countries, not later than 3 years after entering into the agreement; and for low-income countries and lower-middle-income countries, not later than 5 years after entering into the agreement. Countries described in paragraph (1)(A) shall not receive the treatment described in section 4694 of the Internal Revenue Code of 1986, as added by title I, until the requirements under subsection
(c)are met. The United States shall maintain the right to terminate an international partnership agreement if the requirements under subsection
(c)are not met in the time described in paragraph (1). The United States Trade Representative may, at the direction of the President, enter into and carry out an international partnership agreement entered into under this title without the approval of Congress if the agreement— complies with the requirements under subsection (c); and does not require any alteration of subchapter E of the Internal Revenue Code of 1986, as added by title I. An agreement described in paragraph
(1)that complies with the requirements under subsection
(c)shall qualify as an international partnership agreement for purposes of section 4694 of the Internal Revenue Code of 1986, as added by title I. An agreement entered into under this subsection shall be— published in the Federal Register; and treated as a final rule prepared by an agency, including with respect to review by Congress under chapter 8 of title 5, United States Code (commonly referred to as the Congressional Review Act ). An agreement shall be treated as a congressional-executive agreement and enter into force only if a joint resolution of approval is enacted in accordance to this subsection if any alteration of subchapter E of the Internal Revenue Code of 1986, as added by title I, is required to implement the agreement. The President shall— post the text of an agreement described in paragraph
(1)on a publicly available website of the Office of the United States Trade Representative for not less than 5 business days; and submit to Congress on a day on which both Houses of Congress are in session a copy of the final legal text of the agreement, together with— an identification of any United States laws that may be inconsistent with the text; and a statement of any administrative action proposed to implement the agreement. In this paragraph, the term joint resolution of approval means only a joint resolution the matter after the resolving clause of which is as follows: That Congress approves ____, submitted to Congress on _____ , with the first blank space being filled with the name of the applicable international partnership agreement entered into under this title and the second blank space being filled with the appropriate date. A joint resolution approving an agreement described in paragraph
(1)may be introduced in either House of Congress by the chairperson or ranking member of one of the appropriate congressional committees. Except as provided in this paragraph, the provisions of subsections (d), (e), and
(f)of section 152 of the Trade Act of 1974 ( 19 U.S.C. 2192 ) shall apply with respect to a joint resolution of approval under this paragraph to the same extent and in the same manner as such provisions apply with respect to a joint resolution described in subsection
(a)of that section. A joint resolution of approval shall be referred exclusively to the appropriate congressional committees. If the committee of either House to which a joint resolution of approval 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 the joint resolution shall be placed on the appropriate calendar. It is not in order for— the Senate to consider any joint resolution of approval unless the joint resolution has been reported by the Committee on Finance or the committee has been discharged from consideration of the joint resolution under subparagraph (E); or the House of Representatives to consider any joint resolution of approval unless it has been reported by the Committee on Ways and Means or the committee has been discharged from consideration of the joint resolution under subparagraph (E). A motion in the House of Representatives to proceed to the consideration of a joint resolution of approval may be made only on the second legislative day after the calendar day on which the Member making the motion announces to the House the intention of the Member to do so. This subsection is enacted by Congress— 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 supersedes other rules only to the extent that it is inconsistent with such other rules; and 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. The United States Trade Representative, at the direction of the President, may seek to include an expansion of an international partnership agreement in any other international agreement entered into or renegotiated on or after the date of the enactment of this Act, such as— a free trade agreement; an international agreement relating to environmental protections, sustainable development, or climate; or a trade agreement involving international organizations such as the Organisation for Economic Co-operation and Development, the Group of Seven (G7), or any similar organization. The authority provided by this section does not include the authority to negotiate or enter into an agreement with a nonmarket economy country if the country is— an upper middle-income country; or a high-income country. The authority provided by this section does not include the authority to negotiate or enter into an agreement that would establish carbon taxes, fees, pricing, or other mechanisms that impose additional costs on products produced by a domestic producer by the United States.
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