Sec. 4. Negotiating and trade agreements authority for covered free trade agreements

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In order to enhance the economic well-being, national security, and economic competitiveness of the United States, the President, acting through the Trade Representative, may negotiate, enter into, and enforce a covered free trade agreement when the President determines that it is in the national interest to do so. The President may not initiate negotiations for a covered free trade agreement under paragraph

(1)until the date on which the Trade Representative provides the briefing required by section 3(a) to the appropriate congressional committees. The President may proclaim such modification or continuance of any existing duty, or such continuance of existing duty-free or excise treatment, as the President determines to be required or appropriate to carry out a covered free trade agreement entered into under subsection (a)(1). The negotiating objectives of the United States for a covered free trade agreement are— to strengthen supply chains of critical minerals and rare earth elements; to reduce or eliminate barriers and distortions that inhibit to trade and investment in critical minerals and rare earth elements; to strengthen international trade and investment disciplines and procedures specific to critical minerals and rare earth elements, including effective dispute settlement mechanisms; to foster economic growth, raise living standards, enhance the competitiveness of the United States, promote full employment, and contribute to the global economy through the development and trade of critical minerals and rare earth elements; to promote policies that advance sustainable practices and circularity in the production and processing of critical minerals and rare earth elements; to encourage the development and adoption of innovative technologies and practices that optimize the use of critical resources; to promote respect for worker rights and the rights of children consistent with core labor standards only as stated in the International Labour Organization Declaration on Fundamental Principles and Rights at Work and its Follow-Up

(1998)and an understanding of the relationship between trade and worker rights; to seek provisions in the agreement under which parties ensure they do not weaken or reduce the protections afforded in domestic environmental and labor laws as an encouragement for trade; to afford small businesses equitable trade benefits and to reduce or eliminate trade and investment barriers that disproportionately impact small businesses; to promote universal ratification and full compliance with the International Labour Organization Convention (ILO No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor, adopted at Geneva, June 17, 1999; to promote universal ratification and full compliance with the International Labour Organization Convention (ILO No. 176) concerning Safety and Health in Mines, adopted at Geneva, June 22, 1995; to encourage ownership transparency throughout the critical minerals and rare earth elements supply chain to prevent undue influence from foreign entities of concern; to protect legitimate health, safety, essential security, and consumer interests, ensuring that the agreement does not require changes to United States laws relating to those interests unless expressly agreed upon; and to ensure that the agreement does not require changes to United States statutes or regulations. In conducting negotiations under this section, the President shall take into account the principal trade negotiating objectives set forth in paragraphs (5), (7), and

(10)of section 102(b) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 ( 19 U.S.C. 4201(b) ), to the extent that those objectives are pertinent to the objectives described in paragraph (1). Before initiating negotiations under subsection (a)(1), or issuing a proclamation under subsection (b), the President shall— consult with the appropriate congressional committees regarding the intention to enter into the negotiations or issue the proclamation, as the case may be; and notify the appropriate congressional committees in writing at least 30 days before the initiation of the negotiations or the issuance of the proclamation, as the case may be, that includes— a statement of the intention to initiate the negotiations or issue the proclamation; in the case of negotiations— an identification of the country or countries with which the President intends to initiate negotiations; and a description of the specific objectives for the negotiations; and an assessment of the potential impact of the negotiations or proclamation, as the case may be, on the economic and strategic interests of the United States. Subject to paragraph (2), the President may— determine which countries to negotiate with toward a covered free trade agreement; and after the implementation of any such agreement and as conditions warrant, identify and engage in negotiations with additional countries that wish to accede to the agreement. Any covered free trade agreement entered into under subsection (a)(1) shall provide trade benefits, including tariff reductions, preferential treatment, or other trade advantages related to critical minerals and rare earth elements, exclusively to countries that are parties to the agreement. Countries that are not parties to a covered free trade agreement may not receive the trade benefits provided under the agreement, but nothing in this Act shall be construed to impose additional restrictions or penalties on such countries. The President may not negotiate a covered free trade agreement with a country determined to be a nonmarket economy country pursuant to section 771(18) of the Tariff Act of 1930 ( 19 U.S.C. 1677(18) ). A country described in subparagraph

(A)that is not designated as a foreign country of concern (as defined in section 231.102 of title 15, Code of Federal Regulations) may accede to a covered free trade agreement after entry into force of the agreement if a joint resolution is enacted into law approving the accession of that country to the agreement. The provisions of section 151 of the Trade Act of 1974 ( 19 U.S.C. 2191 ) (in this section referred to as trade authorities procedures ) apply to a bill of either House of Congress which contains provisions described in paragraph

(2)to the same extent as such section 151 applies to implementing bills under that section. A bill to which this subsection applies shall hereafter in this section be referred to as an implementing bill . The provisions described in this paragraph are— a provision approving a covered free trade agreement and approving the statement of administrative action, if any, proposed to implement that agreement; and if changes in existing laws or new statutory authority are required to implement that agreement, only such provisions as are strictly necessary or appropriate to implement the agreement, either repealing or amending existing laws or providing new statutory authority. A covered free trade agreement, including such an agreement that does not require changes to United States law, shall not enter into force with respect to the United States and an implementing bill that relates to such an agreement shall not qualify for trade authorities procedures unless the following requirements of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 ( 19 U.S.C. 4201 et seq. ) are carried out with respect to that agreement, to the same extent as would be required with respect to an agreement entered into under section 103(b) of that Act ( 19 U.S.C. 4202(b) ), notwithstanding the expiration of authority to enter into an agreement under such section 103(b): The congressional oversight and consultation requirements under section 104 of that Act ( 19 U.S.C. 4203 ). The notification, consultation, and reporting requirements under section 105 of that Act ( 19 U.S.C. 4204 ). The implementation procedures under section 106 of that Act ( 19 U.S.C. 4205 ). The authority of the President under subsection (a)(1) to negotiate and enter into covered free trade agreements terminates on July 1, 2035. Substantial modifications to, or substantial additional provisions of, a covered free trade agreement that are entered into after July 1, 2035, are not covered by the authority under subsection (a)(1). The trade authorities procedures apply to an implementing bill with respect to a covered free trade agreement entered into under subsection (a)(1) if— the agreement is entered into on or before July 1, 2035; and the implementing bill is submitted to Congress not later than one year after the agreement is entered into. The authority under subsection (a)(1) to enforce a covered free trade agreement remains in effect after July 1, 2035, notwithstanding the termination under paragraph

(1)of the authority to negotiate and enter into such agreements.

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Sec. 4

Negotiating and trade agreements authority for covered free trade agreements

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