,,ii #aadth ,,congress #ast ,session ,s4 #gce ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ab1 #bjae ,mr4 ,merkley 7for himself and ,ms4 ,baldwin7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to require that any trade agreement eligible for expedited consideration by ,congress include requirements with respect to paying adequate wages and maintaining sustainable production methods1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,level ,playing ,field in ,trade ,agreements ,act of #bjae4 #b4 ,ineligibility for expedited consideration by ,congress of certain trade agreements 7a7 ,in general ,no trade agreement with a country or implementing bill with respect to a trade agreement may receive expedited consideration by ,congress under any provision of law1 including any limitation on amendments or debate in either the ,senate or the ,house of ,representatives 7other than under rule ,,xxii of the ,standing ,rules of the ,senate1 as in effect on the date of the enactment of this ,act7 unless the agreement-- 7#a7 includes binding and enforceable requirements that all producers of merchandise exported to the ,united ,states from that country pay adequate wages and maintain sustainable production methods2 and 7#b7 provides that1 for purposes of merchandise from that country1 the application of antidumping duty laws under subtitle ,b of title ,,vii of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgc et seq47 shall be modified as provided under subsection 7b74 7b7 ,adjustment of ,normal ,value ,to ,include the ,cost of ,paying ,adequate ,wages and ,maintaining ,sustainable ,production ,methods 7#a7 ,in general ,except as provided in paragraph 7#c71 in determining the price of covered merchandise under subsection 7a77#a77;,b7 of section #ggc of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg;b7 for purposes of determining the normal value of the covered merchandise under that section1 the administering authority shall increase the price by the difference1 if any1 between-- 7,a7 the actual cost of producing the covered merchandise2 and 7,b7 the estimated cost of producing the covered merchandise if the producer paid its employees adequate wages and maintained sustainable production methods4 7#b7 ,demonstration of injury ,an interested party described in subparagraph 7,c71 7,d71 7,e71 7,f71 or 7,g7 of section #gga7i7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7i77 that files a petition under section #gcb7;b77#a7 of that ,act 7#ai ,u4,s4,c4 #afgc;a7b77#a77 with respect to covered merchandise that relies on calculations of normal value made under this subsection shall be presumed to demonstrate that the party is materially injured or threatened with material injury by reason of imports of the covered merchandise unless-- 7,a7 the country from which the covered merchandise is exported is covered by a precertification issued under paragraph 7#c77;,a77ii72 or 7,b7 the estimated cost of producing the covered merchandise under paragraph 7#a77;,b7 is equal to or greater than the cost of producing the merchandise in the country in which the interested party is located4 7#c7 ,precertification 7,a7 ,in general 7i7 ,exporter- or producer-specific precertification ,if an exporter or producer of covered merchandise demonstrates to the satisfaction of the administering authority that all such merchandise1 including significant components or ingredients of the covered merchandise1 was or will be produced under conditions under which all employees receive adequate wages or sustainable production methods are maintained1 the administering authority shall issue to that exporter or producer1 upon request1 a precertification with respect to wages1 production methods1 or both1 that covers all covered merchandise by that exporter or producer4 7ii7 ,country precertification ,the administering authority may issue a precertification for all covered merchandise imported from a country if the government of that country maintains and enforces laws requiring all producers of such merchandise in that country to pay its employees adequate wages and to maintain sustainable production methods4 7,b7 ,safe harbor 7i7 ,in general ,if the administering authority has issued a precertification under subparagraph 7,a71 covered merchandise to which the precertification applies shall not be subject to an antidumping duty solely because a petition filed under section #gcb7;b77#a7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgc;a7b77#a77 with respect to the covered merchandise alleges that the covered merchandise was not produced under conditions under which all employees receive adequate wages and sustainable production methods are maintained4 7ii7 ,challenging precertification ,an interested party described in subparagraph 7,c71 7,d71 7,e71 7,f71 or 7,g7 of section #gga7i7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7i77 that files a petition under section #gcb7;b77#a7 of that ,act 7#ai ,u4,s4,c4 #afgc;a7b77#a77 with respect to covered merchandise covered by a precertification issued under subparagraph 7,a7 bears the burden of proving that the covered merchandise was not produced under conditions under which all employees receive adequate wages1 sustainable production methods are maintained1 or both1 depending on the scope of the precertification4 7,c7 ,use of third-party standards 7i7 ,in general ,the administering authority1 the ,secretary of ,labor1 and the ,administrator of the ,environmental ,protection ,agency may jointly establish procedures pursuant to which obtaining certification from an organization described in clause 7ii7 may demonstrate the eligibility of an exporter or producer for a precertification under subparagraph 7,a77i7 or the eligibility of a country for a precertification under subparagraph 7,a77ii74 7ii7 ,organization described ,an organization described in this clause is an independent third-party organization that sets standards with respect to adequate wages or sustainable production methods4 7,d7 ,guidance on compliance ,not later than one year after the date of the enactment of this ,act1 the administering authority shall publish in the ,federal ,register guidance with respect to how persons producing covered merchandise for exportation to the ,united ,states or seeking to import covered merchandise into the ,united ,states may obtain a precertification under subparagraph 7,a74 7c7 ,definitions ,in this section3 7#a7 ,adequate wages ,the term adequate wages-- 7,a7 means compensation for a regular work week that is sufficient to meet the basic needs of the employee and any dependents of the employee1 including providing reasonable discretionary income2 and 7,b7 includes1 at a minimum-- 7i7 the payment of the higher of the minimum wage or the appropriate prevailing wage2 7ii7 compliance with all legal requirements relating to wages 7including freedom of association relating to the bargaining relating to wages and related matters72 and 7iii7 the provision of such benefits as are required by law or contract4 7#b7 ,administering authority ,the term administering authority has the meaning given that term in section #gga7a7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7a774 7#c7 ,covered merchandise ,the term covered merchandise means merchandise imported into the ,united ,states from a country described in subsection 7a74 7#d7 ,sustainable production methods ,the term sustainable production methods-- 7,a7 means the application of technologies and methods that are necessary to provide for workplace safety1 toxic waste control1 control of discharge of pollutants to air1 water1 and land1 and the reasonable conservation of energy and natural resources1 taking into account local standards and conditions2 and 7,b7 includes1 at a minimum1 the use of technologies and methods that would be required for similar production facilities in the ,united ,states4