Promoting Transparency in Trade Act

Summary: Promoting Transparency in Trade Act This bill amends the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require the President to publish on a publicly available website the proposed U.S. text for a trade agreement regarding trade barriers before the start of a negotiating round and the considered text for such an agreement at the conclusion of each negotiating round. Congress may disapprove of trade authorities procedures (fast track) if the President has not published required negotiation texts for a proposed trade agreement. The bill amends the Trade Act of 1974 to direct the U.S. Trade Representative (USTR) to ensure that the Chief Transparency Officer of the Office of the USTR does not have, or appear to have, any conflict of interest in ensuring the transparency of the activities of the Office, including trade negotiations.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting Transparency in Trade 
Act''.

SEC. 2. PUBLICATION OF TEXTS WITH RESPECT TO NEGOTIATING ROUNDS.

    (a) Negotiations.--Section 105(a)(1) of the Bipartisan 
Congressional Trade Priorities and Accountability Act of 2015 (19 
U.S.C. 4204(a)(1)) is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(E) with respect to each negotiating round for 
                the agreement, publish on a publicly available Internet 
                website--
                            ``(i) the proposed United States text, 
                        prior to the start of such negotiating round; 
                        and
                            ``(ii) the considered text, at the 
                        conclusion of such negotiating round.''.
    (b) Procedural Disapproval Resolution.--Section 106(b) of the 
Bipartisan Congressional Trade Priorities and Accountability Act of 
2015 (19 U.S.C. 4205(b)) is amended--
            (1) in paragraph (1)--
                    (A) in the heading, by striking ``or 
                Consultations'' and inserting ``, Consultations, or 
                Publication of Texts''; and
                    (B) in subparagraph (B)--
                            (i) in clause (i)--
                                    (I) by striking ``to notify or 
                                consult'' and all that follows through 
                                ``on negotiations'' and inserting ``, 
                                in accordance with the Bipartisan 
                                Congressional Trade Priorities and 
                                Accountability Act of 2015, to notify 
                                or consult on, or publish texts with 
                                respect to, negotiations''; and
                                    (II) by striking ``notify or 
                                consult.'' and inserting ``notify, 
                                consult, or publish texts.''; and
                            (ii) in clause (ii)--
                                    (I) in the matter preceding 
                                subclause (I), by striking ``has 
                                `failed or refused to notify or consult 
                                in accordance with the Bipartisan 
                                Congressional Trade Priorities and 
                                Accountability Act of 2015' on 
                                negotiations'' and inserting ``has 
                                `failed, in accordance with the 
                                Bipartisan Congressional Trade 
                                Priorities and Accountability Act of 
                                2015, to notify or consult on, or 
                                publish texts with respect to,' 
                                negotiations'';
                                    (II) in subclause (III), by 
                                striking ``or'' at the end;
                                    (III) in subclause (IV), by 
                                striking the period at the end and 
                                inserting ``; or''; and
                                    (IV) by adding at the end the 
                                following:
                                    ``(V) the President has failed, 
                                under section 105(a)(1)(E), to publish 
                                texts with respect to each negotiating 
                                round of the parties to the 
                                agreement.''; and
            (2) in paragraphs (3)(C) and (4)(C), by striking ``to 
        notify or consult'' and all that follows through ``on 
        negotiations'' and inserting ``, in accordance with the 
        Bipartisan Congressional Trade Priorities and Accountability 
        Act of 2015, to notify or consult on, or publish texts with 
        respect to, negotiations''.
    (c) Definitions.--Section 111 of the Bipartisan Congressional Trade 
Priorities and Accountability Act of 2015 (19 U.S.C. 4210) is amended--
            (1) by redesignating paragraphs (7) through (23) as 
        paragraphs (8) through (24), respectively;
            (2) by inserting after paragraph (6) the following new 
        paragraph:
            ``(7) Considered text.--The term `considered text'--
                    ``(A) means, with respect to a negotiating round, 
                each proposal considered during such negotiating round 
                related to the text of the agreement, tariff or service 
                sector schedules, or any other element of the agreement 
                (referred to as `the actual consolidated negotiating 
                text document'), whether proposed by the United States 
                or by another party to the negotiations and without 
                regard to any representation made by the United States 
                regarding the confidentiality of such proposal; and
                    ``(B) includes, with respect to each such proposal, 
                an identification of each party to the negotiations 
                that offered or supported the proposal, if the proposal 
                was agreed to by one or more of the parties to such 
                negotiating round.'';
            (3) by redesignating paragraphs (20) through (24), as so 
        redesignated by paragraph (1), as paragraphs (22) through (26), 
        respectively; and
            (4) by inserting after paragraph (19), as so redesignated 
        by paragraph (1), the following new paragraphs:
            ``(20) Negotiating round.--The term `negotiating round' 
        means, with respect to negotiations on an agreement subject to 
        the provisions of section 103(b), a meeting of one or more of 
        the trade ministers (or designees) of any party to such 
        negotiations with a representative of the United States.
            ``(21) Proposed united states text.--The term `proposed 
        United States text' means a document that includes, with 
        respect to a negotiating round, each proposal drafted by the 
        United States to be submitted for consideration in such 
        negotiating round, including proposals related to the text of 
        the agreement, tariff or service sector schedules, or any other 
        element of the agreement.''.

SEC. 3. USTR TRANSPARENCY OFFICER.

    Section 141(b)(3) of the Trade Act of 1974 is amended by adding at 
the end the following: ``The Trade Representative shall ensure that the 
individual who is appointed the Chief Transparency Officer does not, 
because of any other position the individual holds or otherwise, have, 
or appear to have, any conflict of interest in ensuring the 
transparency of the activities of the Office of the Trade 
Representative, including trade negotiations.''.