49–008 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–167 

PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE 

BILL (H.R. 2146) TO AMEND THE INTERNAL REVENUE CODE OF 1986 TO 

ALLOW FEDERAL LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND 

AIR TRAFFIC CONTROLLERS TO MAKE PENALTY FREE WITHDRAWALS 

FROM GOVERNMENTAL PLANS AFTER AGE 50, AND FOR OTHER PURPOSES 

JUNE 17, 2015.—Referred to the House Calendar and ordered to be printed 

Mr. SESSIONS, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 321] 

The Committee on Rules, having had under consideration House 

Resolution 321, by a record vote of 7 to 3, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for the consideration of the Senate 

amendment to H.R. 2146, the Defending Public Safety Employees’ 

Retirement Act. The resolution makes in order a motion offered by 

the chair of the Committee on Ways and Means or his designee 

that the House concur in the Senate amendment with the amendment printed in this report. The resolution waives all points of 

order against consideration of the motion and provides that the motion is not subject to a demand for division of the question. The resolution provides that the Senate amendment and the motion shall 

be considered as read. The resolution provides one hour of debate 

on the motion equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the motion includes a waiver of clause 7 of rule XVI, which requires that 

no motion or proposition on a subject different from that under consideration shall be admitted under color of amendment. The waiver 

is needed because provisions in the House amendment are not germane to the Senate amendment. 


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COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 79 

Motion by Mr. Hastings of Florida to make in order and provide 

the appropriate waivers for amendment #2, offered by Rep. Visclosky (IN), which includes Title V of the House approved H.R. 644, 

the Trade Facilitation and Trade Enforcement Act of 2015. Defeated: 3–7 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Cole ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... ................... Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ........................................................... ...................

Mr. Stivers ........................................................ Nay 

Mr. Collins ........................................................ Nay 

Mr. Byrne .......................................................... ...................

Mr. Newhouse ................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 80 

Motion by Ms. Slaughter to make the House TPA amendment 

subject to amendment under an open process, as if being considered under an open rule. Defeated: 3–7 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Cole ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... ................... Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ........................................................... ...................

Mr. Stivers ........................................................ Nay 

Mr. Collins ........................................................ Nay 

Mr. Byrne .......................................................... ...................

Mr. Newhouse ................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 81 

Motion by Ms. Foxx to report the rule. Adopted: 7–3 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Yea Ms. Slaughter .................................................. Nay 

Mr. Cole ............................................................ Yea Mr. McGovern ................................................... Nay 

Mr. Woodall ...................................................... ................... Mr. Hastings of Florida ................................... Nay 

Mr. Burgess ...................................................... Yea Mr. Polis ........................................................... ...................

Mr. Stivers ........................................................ Yea 

Mr. Collins ........................................................ Yea 

Mr. Byrne .......................................................... ...................

Mr. Newhouse ................................................... Yea 

Mr. Sessions, Chairman ................................... Yea 

SUMMARY OF THE HOUSE AMENDMENT TO THE SENATE AMENDMENT

Ryan, Paul (WI): Adds the Trade Priorities and Accountability 

Act of 2015 (TPA). 


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TEXT OF THE HOUSE AMENDMENT TO THE SENATE AMENDMENT

At the end of the Senate amendment, add the following: 

TITLE I—TRADE PROMOTION 

AUTHORITY 

SEC. 101. SHORT TITLE. 

This title may be cited as the ‘‘Bipartisan Congressional Trade 

Priorities and Accountability Act of 2015’’. 

SEC. 102. TRADE NEGOTIATING OBJECTIVES. 

(a) OVERALL TRADE NEGOTIATING OBJECTIVES.—The overall trade 

negotiating objectives of the United States for agreements subject 

to the provisions of section 103 are— 

(1) to obtain more open, equitable, and reciprocal market access; 

(2) to obtain the reduction or elimination of barriers and distortions that are directly related to trade and investment and 

that decrease market opportunities for United States exports 

or otherwise distort United States trade; 

(3) to further strengthen the system of international trade 

and investment disciplines and procedures, including dispute 

settlement; 

(4) to foster economic growth, raise living standards, enhance 

the competitiveness of the United States, promote full employment in the United States, and enhance the global economy; 

(5) to ensure that trade and environmental policies are mutually supportive and to seek to protect and preserve the environment and enhance the international means of doing so, 

while optimizing the use of the world’s resources; 

(6) to promote respect for worker rights and the rights of 

children consistent with core labor standards of the ILO (as set 

out in section 111(7)) and an understanding of the relationship 

between trade and worker rights; 

(7) to seek provisions in trade agreements under which parties to those agreements ensure that they do not weaken or reduce the protections afforded in domestic environmental and 

labor laws as an encouragement for trade; 

(8) to ensure that trade agreements afford small businesses 

equal access to international markets, equitable trade benefits, 

and expanded export market opportunities, and provide for the 

reduction or elimination of trade and investment barriers that 

disproportionately impact small businesses; 

(9) to promote universal ratification and full compliance with 

ILO Convention No. 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child 

Labor; 

(10) to ensure that trade agreements reflect and facilitate 

the increasingly interrelated, multi-sectoral nature of trade 

and investment activity; 

(11) to recognize the growing significance of the Internet as 

a trading platform in international commerce; 

(12) to take into account other legitimate United States domestic objectives, including, but not limited to, the protection 


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of legitimate health or safety, essential security, and consumer 

interests and the law and regulations related thereto; and 

(13) to take into account conditions relating to religious freedom of any party to negotiations for a trade agreement with 

the United States. 

(b) PRINCIPAL TRADE NEGOTIATING OBJECTIVES.— (1) TRADE IN GOODS.—The principal negotiating objectives of 

the United States regarding trade in goods are— 

(A) to expand competitive market opportunities for exports of goods from the United States and to obtain fairer 

and more open conditions of trade, including through the 

utilization of global value chains, by reducing or eliminating tariff and nontariff barriers and policies and practices of foreign governments directly related to trade that 

decrease market opportunities for United States exports or 

otherwise distort United States trade; and 

(B) to obtain reciprocal tariff and nontariff barrier elimination agreements, including with respect to those tariff 

categories covered in section 111(b) of the Uruguay Round 

Agreements Act (19 U.S.C. 3521(b)). 

(2) TRADE IN SERVICES.—(A) The principal negotiating objective of the United States regarding trade in services is to expand competitive market opportunities for United States services and to obtain fairer and more open conditions of trade, including through utilization of global value chains, by reducing 

or eliminating barriers to international trade in services, such 

as regulatory and other barriers that deny national treatment 

and market access or unreasonably restrict the establishment 

or operations of service suppliers. 

(B) Recognizing that expansion of trade in services generates 

benefits for all sectors of the economy and facilitates trade, the 

objective described in subparagraph (A) should be pursued 

through all means, including through a plurilateral agreement 

with those countries willing and able to undertake high standard services commitments for both existing and new services. 

(3) TRADE IN AGRICULTURE.—The principal negotiating objective of the United States with respect to agriculture is to obtain competitive opportunities for United States exports of agricultural commodities in foreign markets substantially equivalent to the competitive opportunities afforded foreign exports in 

United States markets and to achieve fairer and more open 

conditions of trade in bulk, specialty crop, and value added 

commodities by— 

(A) securing more open and equitable market access 

through robust rules on sanitary and phytosanitary measures that— 

(i) encourage the adoption of international standards 

and require a science-based justification be provided 

for a sanitary or phytosanitary measure if the measure is more restrictive than the applicable international standard; 

(ii) improve regulatory coherence, promote the use of 

systems-based approaches, and appropriately recognize the equivalence of health and safety protection 

systems of exporting countries; 


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(iii) require that measures are transparently developed and implemented, are based on risk assessments 

that take into account relevant international guidelines and scientific data, and are not more restrictive 

on trade than necessary to meet the intended purpose; 

and 

(iv) improve import check processes, including testing methodologies and procedures, and certification requirements, 

while recognizing that countries may put in place measures to protect human, animal, or plant life or health in 

a manner consistent with their international obligations, 

including the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (referred to in section 

101(d)(3) of the Uruguay Round Agreements Act (19 U.S.C. 

3511(d)(3))); 

(B) reducing or eliminating, by a date certain, tariffs or 

other charges that decrease market opportunities for 

United States exports— 

(i) giving priority to those products that are subject 

to significantly higher tariffs or subsidy regimes of 

major producing countries; and 

(ii) providing reasonable adjustment periods for 

United States import sensitive products, in close consultation with Congress on such products before initiating tariff reduction negotiations; 

(C) reducing tariffs to levels that are the same as or 

lower than those in the United States; 

(D) reducing or eliminating subsidies that decrease market opportunities for United States exports or unfairly distort agriculture markets to the detriment of the United 

States; 

(E) allowing the preservation of programs that support 

family farms and rural communities but do not distort 

trade; 

(F) developing disciplines for domestic support programs, 

so that production that is in excess of domestic food security needs is sold at world prices; 

(G) eliminating government policies that create price depressing surpluses; 

(H) eliminating state trading enterprises whenever possible; 

(I) developing, strengthening, and clarifying rules to 

eliminate practices that unfairly decrease United States 

market access opportunities or distort agricultural markets 

to the detriment of the United States, and ensuring that 

such rules are subject to efficient, timely, and effective dispute settlement, including— 

(i) unfair or trade distorting activities of state trading enterprises and other administrative mechanisms, 

with emphasis on requiring price transparency in the 

operation of state trading enterprises and such other 

mechanisms in order to end cross subsidization, price 

discrimination, and price undercutting; 


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(ii) unjustified trade restrictions or commercial requirements, such as labeling, that affect new technologies, including biotechnology; 

(iii) unjustified sanitary or phytosanitary restrictions, including restrictions not based on scientific 

principles in contravention of obligations in the Uruguay Round Agreements or bilateral or regional trade 

agreements; 

(iv) other unjustified technical barriers to trade; and 

(v) restrictive rules in the administration of tariff 

rate quotas; 

(J) eliminating practices that adversely affect trade in 

perishable or cyclical products, while improving import relief mechanisms to recognize the unique characteristics of 

perishable and cyclical agriculture; 

(K) ensuring that import relief mechanisms for perishable and cyclical agriculture are as accessible and timely 

to growers in the United States as those mechanisms that 

are used by other countries; 

(L) taking into account whether a party to the negotiations has failed to adhere to the provisions of already existing trade agreements with the United States or has circumvented obligations under those agreements; 

(M) taking into account whether a product is subject to 

market distortions by reason of a failure of a major producing country to adhere to the provisions of already existing trade agreements with the United States or by the circumvention by that country of its obligations under those 

agreements; 

(N) otherwise ensuring that countries that accede to the 

World Trade Organization have made meaningful market 

liberalization commitments in agriculture; 

(O) taking into account the impact that agreements covering agriculture to which the United States is a party 

have on the United States agricultural industry; 

(P) maintaining bona fide food assistance programs, 

market development programs, and export credit programs; 

(Q) seeking to secure the broadest market access possible in multilateral, regional, and bilateral negotiations, 

recognizing the effect that simultaneous sets of negotiations may have on United States import sensitive commodities (including those subject to tariff rate quotas); 

(R) seeking to develop an international consensus on the 

treatment of seasonal or perishable agricultural products 

in investigations relating to dumping and safeguards and 

in any other relevant area; 

(S) seeking to establish the common base year for calculating the Aggregated Measurement of Support (as defined 

in the Agreement on Agriculture) as the end of each country’s Uruguay Round implementation period, as reported 

in each country’s Uruguay Round market access schedule; 

(T) ensuring transparency in the administration of tariff 

rate quotas through multilateral, plurilateral, and bilateral negotiations; and 


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(U) eliminating and preventing the undermining of market access for United States products through improper 

use of a country’s system for protecting or recognizing geographical indications, including failing to ensure transparency and procedural fairness and protecting generic 

terms. 

(4) FOREIGN INVESTMENT.—Recognizing that United States 

law on the whole provides a high level of protection for investment, consistent with or greater than the level required by 

international law, the principal negotiating objectives of the 

United States regarding foreign investment are to reduce or 

eliminate artificial or trade distorting barriers to foreign investment, while ensuring that foreign investors in the United 

States are not accorded greater substantive rights with respect 

to investment protections than United States investors in the 

United States, and to secure for investors important rights 

comparable to those that would be available under United 

States legal principles and practice, by— 

(A) reducing or eliminating exceptions to the principle of 

national treatment; 

(B) freeing the transfer of funds relating to investments; 

(C) reducing or eliminating performance requirements, 

forced technology transfers, and other unreasonable barriers to the establishment and operation of investments; 

(D) seeking to establish standards for expropriation and 

compensation for expropriation, consistent with United 

States legal principles and practice; 

(E) seeking to establish standards for fair and equitable 

treatment, consistent with United States legal principles 

and practice, including the principle of due process; 

(F) providing meaningful procedures for resolving investment disputes; 

(G) seeking to improve mechanisms used to resolve disputes between an investor and a government through— 

(i) mechanisms to eliminate frivolous claims and to 

deter the filing of frivolous claims; 

(ii) procedures to ensure the efficient selection of arbitrators and the expeditious disposition of claims; 

(iii) procedures to enhance opportunities for public 

input into the formulation of government positions; 

and 

(iv) providing for an appellate body or similar mechanism to provide coherence to the interpretations of 

investment provisions in trade agreements; and 

(H) ensuring the fullest measure of transparency in the 

dispute settlement mechanism, to the extent consistent 

with the need to protect information that is classified or 

business confidential, by— 

(i) ensuring that all requests for dispute settlement 

are promptly made public; 

(ii) ensuring that— 

(I) all proceedings, submissions, findings, and 

decisions are promptly made public; and 

(II) all hearings are open to the public; and 


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(iii) establishing a mechanism for acceptance of amicus curiae submissions from businesses, unions, and 

nongovernmental organizations. 

(5) INTELLECTUAL PROPERTY.—The principal negotiating objectives of the United States regarding trade-related intellectual property are— 

(A) to further promote adequate and effective protection 

of intellectual property rights, including through— 

(i)(I) ensuring accelerated and full implementation 

of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) 

of the Uruguay Round Agreements Act (19 U.S.C. 

3511(d)(15)), particularly with respect to meeting enforcement obligations under that agreement; and 

(II) ensuring that the provisions of any trade agreement governing intellectual property rights that is entered into by the United States reflect a standard of 

protection similar to that found in United States law; 

(ii) providing strong protection for new and emerging technologies and new methods of transmitting and 

distributing products embodying intellectual property, 

including in a manner that facilitates legitimate digital trade; 

(iii) preventing or eliminating discrimination with 

respect to matters affecting the availability, acquisition, scope, maintenance, use, and enforcement of intellectual property rights; 

(iv) ensuring that standards of protection and enforcement keep pace with technological developments, 

and in particular ensuring that rightholders have the 

legal and technological means to control the use of 

their works through the Internet and other global 

communication media, and to prevent the unauthorized use of their works; 

(v) providing strong enforcement of intellectual property rights, including through accessible, expeditious, 

and effective civil, administrative, and criminal enforcement mechanisms; and 

(vi) preventing or eliminating government involvement in the violation of intellectual property rights, 

including cyber theft and piracy; 

(B) to secure fair, equitable, and nondiscriminatory market access opportunities for United States persons that 

rely upon intellectual property protection; and 

(C) to respect the Declaration on the TRIPS Agreement 

and Public Health, adopted by the World Trade Organization at the Fourth Ministerial Conference at Doha, Qatar 

on November 14, 2001, and to ensure that trade agreements foster innovation and promote access to medicines. 

(6) DIGITAL TRADE IN GOODS AND SERVICES AND CROSS-BOR- DER DATA FLOWS.—The principal negotiating objectives of the 

United States with respect to digital trade in goods and services, as well as cross-border data flows, are— 

(A) to ensure that current obligations, rules, disciplines, 

and commitments under the World Trade Organization 


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and bilateral and regional trade agreements apply to digital trade in goods and services and to cross-border data 

flows; 

(B) to ensure that— 

(i) electronically delivered goods and services receive 

no less favorable treatment under trade rules and 

commitments than like products delivered in physical 

form; and 

(ii) the classification of such goods and services ensures the most liberal trade treatment possible, fully 

encompassing both existing and new trade; 

(C) to ensure that governments refrain from implementing trade-related measures that impede digital trade 

in goods and services, restrict cross-border data flows, or 

require local storage or processing of data; 

(D) with respect to subparagraphs (A) through (C), 

where legitimate policy objectives require domestic regulations that affect digital trade in goods and services or 

cross-border data flows, to obtain commitments that any 

such regulations are the least restrictive on trade, nondiscriminatory, and transparent, and promote an open 

market environment; and 

(E) to extend the moratorium of the World Trade Organization on duties on electronic transmissions. 

(7) REGULATORY PRACTICES.—The principal negotiating objectives of the United States regarding the use of government regulation or other practices to reduce market access for United 

States goods, services, and investments are— 

(A) to achieve increased transparency and opportunity 

for the participation of affected parties in the development 

of regulations; 

(B) to require that proposed regulations be based on 

sound science, cost benefit analysis, risk assessment, or 

other objective evidence; 

(C) to establish consultative mechanisms and seek other 

commitments, as appropriate, to improve regulatory practices and promote increased regulatory coherence, including through— 

(i) transparency in developing guidelines, rules, regulations, and laws for government procurement and 

other regulatory regimes; 

(ii) the elimination of redundancies in testing and 

certification; 

(iii) early consultations on significant regulations; 

(iv) the use of impact assessments; 

(v) the periodic review of existing regulatory measures; and 

(vi) the application of good regulatory practices; 

(D) to seek greater openness, transparency, and convergence of standards development processes, and enhance cooperation on standards issues globally; 

(E) to promote regulatory compatibility through harmonization, equivalence, or mutual recognition of different 

regulations and standards and to encourage the use of 

international and interoperable standards, as appropriate; 


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(F) to achieve the elimination of government measures 

such as price controls and reference pricing which deny 

full market access for United States products; 

(G) to ensure that government regulatory reimbursement regimes are transparent, provide procedural fairness, 

are nondiscriminatory, and provide full market access for 

United States products; and 

(H) to ensure that foreign governments— 

(i) demonstrate that the collection of undisclosed 

proprietary information is limited to that necessary to 

satisfy a legitimate and justifiable regulatory interest; 

and 

(ii) protect such information against disclosure, except in exceptional circumstances to protect the public, 

or where such information is effectively protected 

against unfair competition. 

(8) STATE-OWNED AND STATE-CONTROLLED ENTERPRISES.—The 

principal negotiating objective of the United States regarding 

competition by state-owned and state-controlled enterprises is 

to seek commitments that— 

(A) eliminate or prevent trade distortions and unfair 

competition favoring state-owned and state-controlled enterprises to the extent of their engagement in commercial 

activity, and 

(B) ensure that such engagement is based solely on commercial considerations, 

in particular through disciplines that eliminate or prevent discrimination and market-distorting subsidies and that promote 

transparency. 

(9) LOCALIZATION BARRIERS TO TRADE.—The principal negotiating objective of the United States with respect to localization 

barriers is to eliminate and prevent measures that require 

United States producers and service providers to locate facilities, intellectual property, or other assets in a country as a 

market access or investment condition, including indigenous 

innovation measures. 

(10) LABOR AND THE ENVIRONMENT.—The principal negotiating objectives of the United States with respect to labor and 

the environment are— 

(A) to ensure that a party to a trade agreement with the 

United States— 

(i) adopts and maintains measures implementing 

internationally recognized core labor standards (as defined in section 111(17)) and its obligations under common multilateral environmental agreements (as defined in section 111(6)), 

(ii) does not waive or otherwise derogate from, or 

offer to waive or otherwise derogate from— 

(I) its statutes or regulations implementing 

internationally recognized core labor standards (as 

defined in section 111(17)), in a manner affecting 

trade or investment between the United States 

and that party, where the waiver or derogation 

would be inconsistent with one or more such 

standards, or 


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(II) its environmental laws in a manner that 

weakens or reduces the protections afforded in 

those laws and in a manner affecting trade or investment between the United States and that 

party, except as provided in its law and provided 

not inconsistent with its obligations under common multilateral environmental agreements (as 

defined in section 111(6)) or other provisions of 

the trade agreement specifically agreed upon, and 

(iii) does not fail to effectively enforce its environmental or labor laws, through a sustained or recurring 

course of action or inaction, 

in a manner affecting trade or investment between the 

United States and that party after entry into force of a 

trade agreement between those countries; 

(B) to recognize that— 

(i) with respect to environment, parties to a trade 

agreement retain the right to exercise prosecutorial 

discretion and to make decisions regarding the allocation of enforcement resources with respect to other environmental laws determined to have higher priorities, 

and a party is effectively enforcing its laws if a course 

of action or inaction reflects a reasonable, bona fide 

exercise of such discretion, or results from a reasonable, bona fide decision regarding the allocation of resources; and 

(ii) with respect to labor, decisions regarding the distribution of enforcement resources are not a reason for 

not complying with a party’s labor obligations; a party 

to a trade agreement retains the right to reasonable 

exercise of discretion and to make bona fide decisions 

regarding the allocation of resources between labor enforcement activities among core labor standards, provided the exercise of such discretion and such decisions are not inconsistent with its obligations; 

(C) to strengthen the capacity of United States trading 

partners to promote respect for core labor standards (as 

defined in section 111(7)); 

(D) to strengthen the capacity of United States trading 

partners to protect the environment through the promotion 

of sustainable development; 

(E) to reduce or eliminate government practices or policies that unduly threaten sustainable development; 

(F) to seek market access, through the elimination of 

tariffs and nontariff barriers, for United States environmental technologies, goods, and services; 

(G) to ensure that labor, environmental, health, or safety 

policies and practices of the parties to trade agreements 

with the United States do not arbitrarily or unjustifiably 

discriminate against United States exports or serve as disguised barriers to trade; 

(H) to ensure that enforceable labor and environment obligations are subject to the same dispute settlement and 

remedies as other enforceable obligations under the agreement; and 


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(I) to ensure that a trade agreement is not construed to 

empower a party’s authorities to undertake labor or environmental law enforcement activities in the territory of the 

United States. 

(11) CURRENCY.—The principal negotiating objective of the 

United States with respect to currency practices is that parties 

to a trade agreement with the United States avoid manipulating exchange rates in order to prevent effective balance of 

payments adjustment or to gain an unfair competitive advantage over other parties to the agreement, such as through cooperative mechanisms, enforceable rules, reporting, monitoring, 

transparency, or other means, as appropriate. 

(12) FOREIGN CURRENCY MANIPULATION.—The principal negotiating objective of the United States with respect to unfair 

currency practices is to seek to establish accountability 

through enforceable rules, transparency, reporting, monitoring, 

cooperative mechanisms, or other means to address exchange 

rate manipulation involving protracted large scale intervention 

in one direction in the exchange markets and a persistently 

undervalued foreign exchange rate to gain an unfair competitive advantage in trade over other parties to a trade agreement, consistent with existing obligations of the United States 

as a member of the International Monetary Fund and the 

World Trade Organization. 

(13) WTO AND MULTILATERAL TRADE AGREEMENTS.—Recognizing that the World Trade Organization is the foundation of 

the global trading system, the principal negotiating objectives 

of the United States regarding the World Trade Organization, 

the Uruguay Round Agreements, and other multilateral and 

plurilateral trade agreements are— 

(A) to achieve full implementation and extend the coverage of the World Trade Organization and multilateral 

and plurilateral agreements to products, sectors, and conditions of trade not adequately covered; 

(B) to expand country participation in and enhancement 

of the Information Technology Agreement, the Government 

Procurement Agreement, and other plurilateral trade 

agreements of the World Trade Organization; 

(C) to expand competitive market opportunities for 

United States exports and to obtain fairer and more open 

conditions of trade, including through utilization of global 

value chains, through the negotiation of new WTO multilateral and plurilateral trade agreements, such as an 

agreement on trade facilitation; 

(D) to ensure that regional trade agreements to which 

the United States is not a party fully achieve the high 

standards of, and comply with, WTO disciplines, including 

Article XXIV of GATT 1994, Article V and V bis of the 

General Agreement on Trade in Services, and the Enabling 

Clause, including through meaningful WTO review of such 

regional trade agreements; 

(E) to enhance compliance by WTO members with their 

obligations as WTO members through active participation 

in the bodies of the World Trade Organization by the 

United States and all other WTO members, including in 


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the trade policy review mechanism and the committee system of the World Trade Organization, and by working to 

increase the effectiveness of such bodies; and 

(F) to encourage greater cooperation between the World 

Trade Organization and other international organizations. 

(14) TRADE INSTITUTION TRANSPARENCY.—The principal negotiating objective of the United States with respect to transparency is to obtain wider and broader application of the principle of transparency in the World Trade Organization, entities 

established under bilateral and regional trade agreements, and 

other international trade fora through seeking— 

(A) timely public access to information regarding trade 

issues and the activities of such institutions; 

(B) openness by ensuring public access to appropriate 

meetings, proceedings, and submissions, including with regard to trade and investment dispute settlement; and 

(C) public access to all notifications and supporting documentation submitted by WTO members. 

(15) ANTI-CORRUPTION.—The principal negotiating objectives 

of the United States with respect to the use of money or other 

things of value to influence acts, decisions, or omissions of foreign governments or officials or to secure any improper advantage in a manner affecting trade are— 

(A) to obtain high standards and effective domestic enforcement mechanisms applicable to persons from all countries participating in the applicable trade agreement that 

prohibit such attempts to influence acts, decisions, or omissions of foreign governments or officials or to secure any 

such improper advantage; 

(B) to ensure that such standards level the playing field 

for United States persons in international trade and investment; and 

(C) to seek commitments to work jointly to encourage 

and support anti-corruption and anti-bribery initiatives in 

international trade fora, including through the Convention 

on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organization for 

Economic Cooperation and Development, done at Paris December 17, 1997 (commonly known as the ‘‘OECD AntiBribery Convention’’). 

(16) DISPUTE SETTLEMENT AND ENFORCEMENT.—The principal negotiating objectives of the United States with respect to 

dispute settlement and enforcement of trade agreements are— 

(A) to seek provisions in trade agreements providing for 

resolution of disputes between governments under those 

trade agreements in an effective, timely, transparent, equitable, and reasoned manner, requiring determinations 

based on facts and the principles of the agreements, with 

the goal of increasing compliance with the agreements; 

(B) to seek to strengthen the capacity of the Trade Policy 

Review Mechanism of the World Trade Organization to review compliance with commitments; 

(C) to seek adherence by panels convened under the Dispute Settlement Understanding and by the Appellate Body 

to— 


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(i) the mandate of those panels and the Appellate 

Body to apply the WTO Agreement as written, without 

adding to or diminishing rights and obligations under 

the Agreement; and 

(ii) the standard of review applicable under the Uruguay Round Agreement involved in the dispute, including greater deference, where appropriate, to the 

fact finding and technical expertise of national investigating authorities; 

(D) to seek provisions encouraging the early identification and settlement of disputes through consultation; 

(E) to seek provisions to encourage the provision of 

trade-expanding compensation if a party to a dispute 

under the agreement does not come into compliance with 

its obligations under the agreement; 

(F) to seek provisions to impose a penalty upon a party 

to a dispute under the agreement that— 

(i) encourages compliance with the obligations of the 

agreement; 

(ii) is appropriate to the parties, nature, subject 

matter, and scope of the violation; and 

(iii) has the aim of not adversely affecting parties or 

interests not party to the dispute while maintaining 

the effectiveness of the enforcement mechanism; and 

(G) to seek provisions that treat United States principal 

negotiating objectives equally with respect to— 

(i) the ability to resort to dispute settlement under 

the applicable agreement; 

(ii) the availability of equivalent dispute settlement 

procedures; and 

(iii) the availability of equivalent remedies. 

(17) TRADE REMEDY LAWS.—The principal negotiating objectives of the United States with respect to trade remedy laws 

are— 

(A) to preserve the ability of the United States to enforce 

rigorously its trade laws, including the antidumping, countervailing duty, and safeguard laws, and avoid agreements 

that lessen the effectiveness of domestic and international 

disciplines on unfair trade, especially dumping and subsidies, or that lessen the effectiveness of domestic and 

international safeguard provisions, in order to ensure that 

United States workers, agricultural producers, and firms 

can compete fully on fair terms and enjoy the benefits of 

reciprocal trade concessions; and 

(B) to address and remedy market distortions that lead 

to dumping and subsidization, including overcapacity, cartelization, and market access barriers. 

(18) BORDER TAXES.—The principal negotiating objective of 

the United States regarding border taxes is to obtain a revision 

of the rules of the World Trade Organization with respect to 

the treatment of border adjustments for internal taxes to redress the disadvantage to countries relying primarily on direct 

taxes for revenue rather than indirect taxes. 

(19) TEXTILE NEGOTIATIONS.—The principal negotiating objectives of the United States with respect to trade in textiles 


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and apparel articles are to obtain competitive opportunities for 

United States exports of textiles and apparel in foreign markets substantially equivalent to the competitive opportunities 

afforded foreign exports in United States markets and to 

achieve fairer and more open conditions of trade in textiles and 

apparel. 

(20) COMMERCIAL PARTNERSHIPS.— (A) IN GENERAL.—With respect to an agreement that is 

proposed to be entered into with the Transatlantic Trade 

and Investment Partnership countries and to which section 103(b) will apply, the principal negotiating objectives 

of the United States regarding commercial partnerships 

are the following: 

(i) To discourage actions by potential trading partners that directly or indirectly prejudice or otherwise 

discourage commercial activity solely between the 

United States and Israel. 

(ii) To discourage politically motivated actions to 

boycott, divest from, or sanction Israel and to seek the 

elimination of politically motivated nontariff barriers 

on Israeli goods, services, or other commerce imposed 

on the State of Israel. 

(iii) To seek the elimination of state-sponsored 

unsanctioned foreign boycotts against Israel or compliance with the Arab League Boycott of Israel by prospective trading partners. 

(B) DEFINITION.—In this paragraph, the term ‘‘actions to 

boycott, divest from, or sanction Israel’’ means actions by 

states, non-member states of the United Nations, international organizations, or affiliated agencies of international organizations that are politically motivated and 

are intended to penalize or otherwise limit commercial relations specifically with Israel or persons doing business in 

Israel or in Israeli-controlled territories. 

(21) GOOD GOVERNANCE, TRANSPARENCY, THE EFFECTIVE OP- ERATION OF LEGAL REGIMES, AND THE RULE OF LAW OF TRADING

PARTNERS.—The principal negotiating objectives of the United 

States with respect to ensuring implementation of trade commitments and obligations by strengthening good governance, 

transparency, the effective operation of legal regimes and the 

rule of law of trading partners of the United States is through 

capacity building and other appropriate means, which are important parts of the broader effort to create more open democratic societies and to promote respect for internationally recognized human rights. 

(c) CAPACITY BUILDING AND OTHER PRIORITIES.—In order to address and maintain United States competitiveness in the global 

economy, the President shall— 

(1) direct the heads of relevant Federal agencies— 

(A) to work to strengthen the capacity of United States 

trading partners to carry out obligations under trade 

agreements by consulting with any country seeking a trade 

agreement with the United States concerning that country’s laws relating to customs and trade facilitation, sanitary and phytosanitary measures, technical barriers to 


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trade, intellectual property rights, labor, and the environment; and 

(B) to provide technical assistance to that country if 

needed; 

(2) seek to establish consultative mechanisms among parties 

to trade agreements to strengthen the capacity of United 

States trading partners to develop and implement standards 

for the protection of the environment and human health based 

on sound science; 

(3) promote consideration of multilateral environmental 

agreements and consult with parties to such agreements regarding the consistency of any such agreement that includes 

trade measures with existing environmental exceptions under 

Article XX of GATT 1994; and 

(4) submit to the Committee on Ways and Means of the 

House of Representatives and the Committee on Finance of the 

Senate an annual report on capacity-building activities undertaken in connection with trade agreements negotiated or being 

negotiated pursuant to this title. 

SEC. 103. TRADE AGREEMENTS AUTHORITY. 

(a) AGREEMENTS REGARDING TARIFF BARRIERS.— (1) IN GENERAL.—Whenever the President determines that 

one or more existing duties or other import restrictions of any 

foreign country or the United States are unduly burdening and 

restricting the foreign trade of the United States and that the 

purposes, policies, priorities, and objectives of this title will be 

promoted thereby, the President— 

(A) may enter into trade agreements with foreign countries before— 

(i) July 1, 2018; or 

(ii) July 1, 2021, if trade authorities procedures are 

extended under subsection (c); and 

(B) may, subject to paragraphs (2) and (3), proclaim— 

(i) such modification or continuance of any existing 

duty, 

(ii) such continuance of existing duty free or excise 

treatment, or 

(iii) such additional duties, 

as the President determines to be required or appropriate 

to carry out any such trade agreement. 

Substantial modifications to, or substantial additional provisions of, a trade agreement entered into after July 1, 2018, or 

July 1, 2021, if trade authorities procedures are extended 

under subsection (c), shall not be eligible for approval under 

this title. 

(2) NOTIFICATION.—The President shall notify Congress of 

the President’s intention to enter into an agreement under this 

subsection. 

(3) LIMITATIONS.—No proclamation may be made under paragraph (1) that— 

(A) reduces any rate of duty (other than a rate of duty 

that does not exceed 5 percent ad valorem on the date of 

the enactment of this Act) to a rate of duty which is less 

than 50 percent of the rate of such duty that applies on 

such date of enactment; 


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(B) reduces the rate of duty below that applicable under 

the Uruguay Round Agreements or a successor agreement, 

on any import sensitive agricultural product; or 

(C) increases any rate of duty above the rate that applied on the date of the enactment of this Act. 

(4) AGGREGATE REDUCTION; EXEMPTION FROM STAGING.— 

(A) AGGREGATE REDUCTION.—Except as provided in subparagraph (B), the aggregate reduction in the rate of duty 

on any article which is in effect on any day pursuant to a 

trade agreement entered into under paragraph (1) shall 

not exceed the aggregate reduction which would have been 

in effect on such day if— 

(i) a reduction of 3 percent ad valorem or a reduction of 1⁄10 of the total reduction, whichever is greater, 

had taken effect on the effective date of the first reduction proclaimed under paragraph (1) to carry out 

such agreement with respect to such article; and 

(ii) a reduction equal to the amount applicable 

under clause (i) had taken effect at 1-year intervals 

after the effective date of such first reduction. 

(B) EXEMPTION FROM STAGING.—No staging is required 

under subparagraph (A) with respect to a duty reduction 

that is proclaimed under paragraph (1) for an article of a 

kind that is not produced in the United States. The United 

States International Trade Commission shall advise the 

President of the identity of articles that may be exempted 

from staging under this subparagraph. 

(5) ROUNDING.—If the President determines that such action 

will simplify the computation of reductions under paragraph 

(4), the President may round an annual reduction by an 

amount equal to the lesser of— 

(A) the difference between the reduction without regard 

to this paragraph and the next lower whole number; or 

(B) 1⁄2 of 1 percent ad valorem. 

(6) OTHER LIMITATIONS.—A rate of duty reduction that may 

not be proclaimed by reason of paragraph (3) may take effect 

only if a provision authorizing such reduction is included within an implementing bill provided for under section 106 and 

that bill is enacted into law. 

(7) OTHER TARIFF MODIFICATIONS.—Notwithstanding paragraphs (1)(B), (3)(A), (3)(C), and (4) through (6), and subject to 

the consultation and layover requirements of section 115 of the 

Uruguay Round Agreements Act (19 U.S.C. 3524), the President may proclaim the modification of any duty or staged rate 

reduction of any duty set forth in Schedule XX, as defined in 

section 2(5) of that Act (19 U.S.C. 3501(5)), if the United States 

agrees to such modification or staged rate reduction in a negotiation for the reciprocal elimination or harmonization of duties 

under the auspices of the World Trade Organization. 

(8) AUTHORITY UNDER URUGUAY ROUND AGREEMENTS ACT NOT

AFFECTED.—Nothing in this subsection shall limit the authority 

provided to the President under section 111(b) of the Uruguay 

Round Agreements Act (19 U.S.C. 3521(b)). 

(b) AGREEMENTS REGARDING TARIFF AND NONTARIFF BARRIERS.— 


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(1) IN GENERAL.—(A) Whenever the President determines 

that— 

(i) 1 or more existing duties or any other import restriction of any foreign country or the United States or any 

other barrier to, or other distortion of, international trade 

unduly burdens or restricts the foreign trade of the United 

States or adversely affects the United States economy, or 

(ii) the imposition of any such barrier or distortion is 

likely to result in such a burden, restriction, or effect, 

and that the purposes, policies, priorities, and objectives of this 

title will be promoted thereby, the President may enter into a 

trade agreement described in subparagraph (B) during the period described in subparagraph (C). 

(B) The President may enter into a trade agreement under 

subparagraph (A) with foreign countries providing for— 

(i) the reduction or elimination of a duty, restriction, 

barrier, or other distortion described in subparagraph (A); 

or 

(ii) the prohibition of, or limitation on the imposition of, 

such barrier or other distortion. 

(C) The President may enter into a trade agreement under 

this paragraph before— 

(i) July 1, 2018; or 

(ii) July 1, 2021, if trade authorities procedures are extended under subsection (c). 

Substantial modifications to, or substantial additional provisions of, a trade agreement entered into after July 1, 2018, or 

July 1, 2021, if trade authorities procedures are extended 

under subsection (c), shall not be eligible for approval under 

this title. 

(2) CONDITIONS.—A trade agreement may be entered into 

under this subsection only if such agreement makes progress 

in meeting the applicable objectives described in subsections 

(a) and (b) of section 102 and the President satisfies the conditions set forth in sections 104 and 105. 

(3) BILLS QUALIFYING FOR TRADE AUTHORITIES PROCEDURES.—(A) The provisions of section 151 of the Trade Act of 

1974 (in this title referred to as ‘‘trade authorities procedures’’) 

apply to a bill of either House of Congress which contains provisions described in subparagraph (B) to the same extent as 

such section 151 applies to implementing bills under that section. A bill to which this paragraph applies shall hereafter in 

this title be referred to as an ‘‘implementing bill’’. 

(B) The provisions referred to in subparagraph (A) are— 

(i) a provision approving a trade agreement entered into 

under this subsection and approving the statement of administrative action, if any, proposed to implement such 

trade agreement; and 

(ii) if changes in existing laws or new statutory authority are required to implement such trade agreement or 

agreements, only such provisions as are strictly necessary 

or appropriate to implement such trade agreement or 

agreements, either repealing or amending existing laws or 

providing new statutory authority. 


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(c) EXTENSION DISAPPROVAL PROCESS FOR CONGRESSIONAL TRADE

AUTHORITIES PROCEDURES.— (1) IN GENERAL.—Except as provided in section 106(b)— 

(A) the trade authorities procedures apply to implementing bills submitted with respect to trade agreements 

entered into under subsection (b) before July 1, 2018; and 

(B) the trade authorities procedures shall be extended to 

implementing bills submitted with respect to trade agreements entered into under subsection (b) after June 30, 

2018, and before July 1, 2021, if (and only if)— 

(i) the President requests such extension under 

paragraph (2); and 

(ii) neither House of Congress adopts an extension 

disapproval resolution under paragraph (5) before July 

1, 2018. 

(2) REPORT TO CONGRESS BY THE PRESIDENT.—If the President is of the opinion that the trade authorities procedures 

should be extended to implementing bills described in paragraph (1)(B), the President shall submit to Congress, not later 

than April 1, 2018, a written report that contains a request for 

such extension, together with— 

(A) a description of all trade agreements that have been 

negotiated under subsection (b) and the anticipated schedule for submitting such agreements to Congress for approval; 

(B) a description of the progress that has been made in 

negotiations to achieve the purposes, policies, priorities, 

and objectives of this title, and a statement that such 

progress justifies the continuation of negotiations; and 

(C) a statement of the reasons why the extension is 

needed to complete the negotiations. 

(3) OTHER REPORTS TO CONGRESS.— 

(A) REPORT BY THE ADVISORY COMMITTEE.—The President shall promptly inform the Advisory Committee for 

Trade Policy and Negotiations established under section 

135 of the Trade Act of 1974 (19 U.S.C. 2155) of the decision of the President to submit a report to Congress under 

paragraph (2). The Advisory Committee shall submit to 

Congress as soon as practicable, but not later than June 

1, 2018, a written report that contains— 

(i) its views regarding the progress that has been 

made in negotiations to achieve the purposes, policies, 

priorities, and objectives of this title; and 

(ii) a statement of its views, and the reasons therefor, regarding whether the extension requested under 

paragraph (2) should be approved or disapproved. 

(B) REPORT BY INTERNATIONAL TRADE COMMISSION.—The 

President shall promptly inform the United States International Trade Commission of the decision of the President 

to submit a report to Congress under paragraph (2). The 

International Trade Commission shall submit to Congress 

as soon as practicable, but not later than June 1, 2018, a 

written report that contains a review and analysis of the 

economic impact on the United States of all trade agreements implemented between the date of the enactment of 


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this Act and the date on which the President decides to 

seek an extension requested under paragraph (2). 

(4) STATUS OF REPORTS.—The reports submitted to Congress 

under paragraphs (2) and (3), or any portion of such reports, 

may be classified to the extent the President determines appropriate. 

(5) EXTENSION DISAPPROVAL RESOLUTIONS.—(A) For purposes 

of paragraph (1), the term ‘‘extension disapproval resolution’’ 

means a resolution of either House of Congress, the sole matter after the resolving clause of which is as follows: ‘‘That the 

llll disapproves the request of the President for the extension, under section 103(c)(1)(B)(i) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, of the 

trade authorities procedures under that Act to any implementing bill submitted with respect to any trade agreement 

entered into under section 103(b) of that Act after June 30, 

2018.’’, with the blank space being filled with the name of the 

resolving House of Congress. 

(B) Extension disapproval resolutions— 

(i) may be introduced in either House of Congress by any 

member of such House; and 

(ii) shall be referred, in the House of Representatives, to 

the Committee on Ways and Means and, in addition, to the 

Committee on Rules. 

(C) The provisions of subsections (d) and (e) of section 152 

of the Trade Act of 1974 (19 U.S.C. 2192) (relating to the floor 

consideration of certain resolutions in the House and Senate) 

apply to extension disapproval resolutions. 

(D) It is not in order for— 

(i) the House of Representatives to consider any extension disapproval resolution not reported by the Committee 

on Ways and Means and, in addition, by the Committee on 

Rules; 

(ii) the Senate to consider any extension disapproval resolution not reported by the Committee on Finance; or 

(iii) either House of Congress to consider an extension 

disapproval resolution after June 30, 2018. 

(d) COMMENCEMENT OF NEGOTIATIONS.—In order to contribute to 

the continued economic expansion of the United States, the President shall commence negotiations covering tariff and nontariff barriers affecting any industry, product, or service sector, and expand 

existing sectoral agreements to countries that are not parties to 

those agreements, in cases where the President determines that 

such negotiations are feasible and timely and would benefit the 

United States. Such sectors include agriculture, commercial services, intellectual property rights, industrial and capital goods, government procurement, information technology products, environmental technology and services, medical equipment and services, 

civil aircraft, and infrastructure products. In so doing, the President shall take into account all of the negotiating objectives set 

forth in section 102. 

SEC. 104. CONGRESSIONAL OVERSIGHT, CONSULTATIONS, AND ACCESS TO INFORMATION. 

(a) CONSULTATIONS WITH MEMBERS OF CONGRESS.— 


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(1) CONSULTATIONS DURING NEGOTIATIONS.—In the course of 

negotiations conducted under this title, the United States 

Trade Representative shall— 

(A) meet upon request with any Member of Congress regarding negotiating objectives, the status of negotiations in 

progress, and the nature of any changes in the laws of the 

United States or the administration of those laws that 

may be recommended to Congress to carry out any trade 

agreement or any requirement of, amendment to, or recommendation under, that agreement; 

(B) upon request of any Member of Congress, provide access to pertinent documents relating to the negotiations, 

including classified materials; 

(C) consult closely and on a timely basis with, and keep 

fully apprised of the negotiations, the Committee on Ways 

and Means of the House of Representatives and the Committee on Finance of the Senate; 

(D) consult closely and on a timely basis with, and keep 

fully apprised of the negotiations, the House Advisory 

Group on Negotiations and the Senate Advisory Group on 

Negotiations convened under subsection (c) and all committees of the House of Representatives and the Senate 

with jurisdiction over laws that could be affected by a 

trade agreement resulting from the negotiations; and 

(E) with regard to any negotiations and agreement relating to agricultural trade, also consult closely and on a 

timely basis (including immediately before initialing an 

agreement) with, and keep fully apprised of the negotiations, the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, 

and Forestry of the Senate. 

(2) CONSULTATIONS PRIOR TO ENTRY INTO FORCE.—Prior to 

exchanging notes providing for the entry into force of a trade 

agreement, the United States Trade Representative shall consult closely and on a timely basis with Members of Congress 

and committees as specified in paragraph (1), and keep them 

fully apprised of the measures a trading partner has taken to 

comply with those provisions of the agreement that are to take 

effect on the date that the agreement enters into force. 

(3) ENHANCED COORDINATION WITH CONGRESS.— 

(A) WRITTEN GUIDELINES.—The United States Trade 

Representative, in consultation with the chairmen and the 

ranking members of the Committee on Ways and Means of 

the House of Representatives and the Committee on Finance of the Senate, respectively— 

(i) shall, not later than 120 days after the date of 

the enactment of this Act, develop written guidelines 

on enhanced coordination with Congress, including coordination with designated congressional advisers 

under subsection (b), regarding negotiations conducted 

under this title; and 

(ii) may make such revisions to the guidelines as 

may be necessary from time to time. 


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(B) CONTENT OF GUIDELINES.—The guidelines developed 

under subparagraph (A) shall enhance coordination with 

Congress through procedures to ensure— 

(i) timely briefings upon request of any Member of 

Congress regarding negotiating objectives, the status 

of negotiations in progress conducted under this title, 

and the nature of any changes in the laws of the 

United States or the administration of those laws that 

may be recommended to Congress to carry out any 

trade agreement or any requirement of, amendment 

to, or recommendation under, that agreement; and 

(ii) the sharing of detailed and timely information 

with Members of Congress, and their staff with proper 

security clearances as appropriate, regarding those negotiations and pertinent documents related to those 

negotiations (including classified information), and 

with committee staff with proper security clearances 

as would be appropriate in the light of the responsibilities of that committee over the trade agreements programs affected by those negotiations. 

(C) DISSEMINATION.—The United States Trade Representative shall disseminate the guidelines developed 

under subparagraph (A) to all Federal agencies that could 

have jurisdiction over laws affected by trade negotiations. 

(b) DESIGNATED CONGRESSIONAL ADVISERS.— (1) DESIGNATION.— (A) HOUSE OF REPRESENTATIVES.—In each Congress, any 

Member of the House of Representatives may be designated as a congressional adviser on trade policy and negotiations by the Speaker of the House of Representatives, 

after consulting with the chairman and ranking member of 

the Committee on Ways and Means and the chairman and 

ranking member of the committee from which the Member 

will be selected. 

(B) SENATE.—In each Congress, any Member of the Senate may be designated as a congressional adviser on trade 

policy and negotiations by the President pro tempore of the 

Senate, after consultation with the chairman and ranking 

member of the Committee on Finance and the chairman 

and ranking member of the committee from which the 

Member will be selected. 

(2) CONSULTATIONS WITH DESIGNATED CONGRESSIONAL ADVISERS.—In the course of negotiations conducted under this title, 

the United States Trade Representative shall consult closely 

and on a timely basis (including immediately before initialing 

an agreement) with, and keep fully apprised of the negotiations, the congressional advisers for trade policy and negotiations designated under paragraph (1). 

(3) ACCREDITATION.—Each Member of Congress designated 

as a congressional adviser under paragraph (1) shall be accredited by the United States Trade Representative on behalf of 

the President as an official adviser to the United States delegations to international conferences, meetings, and negotiating 

sessions relating to trade agreements. 

(c) CONGRESSIONAL ADVISORY GROUPS ON NEGOTIATIONS.— 


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(1) IN GENERAL.—By not later than 60 days after the date of 

the enactment of this Act, and not later than 30 days after the 

convening of each Congress, the chairman of the Committee on 

Ways and Means of the House of Representatives shall convene the House Advisory Group on Negotiations and the chairman of the Committee on Finance of the Senate shall convene 

the Senate Advisory Group on Negotiations (in this subsection 

referred to collectively as the ‘‘congressional advisory groups’’). 

(2) MEMBERS AND FUNCTIONS.— (A) MEMBERSHIP OF THE HOUSE ADVISORY GROUP ON NE- GOTIATIONS.—In each Congress, the House Advisory Group 

on Negotiations shall be comprised of the following Members of the House of Representatives: 

(i) The chairman and ranking member of the Committee on Ways and Means, and 3 additional members 

of such Committee (not more than 2 of whom are 

members of the same political party). 

(ii) The chairman and ranking member, or their designees, of the committees of the House of Representatives that would have, under the Rules of the House 

of Representatives, jurisdiction over provisions of law 

affected by a trade agreement negotiation conducted at 

any time during that Congress and to which this title 

would apply. 

(B) MEMBERSHIP OF THE SENATE ADVISORY GROUP ON NE- GOTIATIONS.—In each Congress, the Senate Advisory 

Group on Negotiations shall be comprised of the following 

Members of the Senate: 

(i) The chairman and ranking member of the Committee on Finance and 3 additional members of such 

Committee (not more than 2 of whom are members of 

the same political party). 

(ii) The chairman and ranking member, or their designees, of the committees of the Senate that would 

have, under the Rules of the Senate, jurisdiction over 

provisions of law affected by a trade agreement negotiation conducted at any time during that Congress 

and to which this title would apply. 

(C) ACCREDITATION.—Each member of the congressional 

advisory groups described in subparagraphs (A)(i) and 

(B)(i) shall be accredited by the United States Trade Representative on behalf of the President as an official adviser 

to the United States delegation in negotiations for any 

trade agreement to which this title applies. Each member 

of the congressional advisory groups described in subparagraphs (A)(ii) and (B)(ii) shall be accredited by the United 

States Trade Representative on behalf of the President as 

an official adviser to the United States delegation in the 

negotiations by reason of which the member is in one of 

the congressional advisory groups. 

(D) CONSULTATION AND ADVICE.—The congressional advisory groups shall consult with and provide advice to the 

Trade Representative regarding the formulation of specific 

objectives, negotiating strategies and positions, the development of the applicable trade agreement, and compliance 


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and enforcement of the negotiated commitments under the 

trade agreement. 

(E) CHAIR.—The House Advisory Group on Negotiations 

shall be chaired by the Chairman of the Committee on 

Ways and Means of the House of Representatives and the 

Senate Advisory Group on Negotiations shall be chaired by 

the Chairman of the Committee on Finance of the Senate. 

(F) COORDINATION WITH OTHER COMMITTEES.—Members 

of any committee represented on one of the congressional 

advisory groups may submit comments to the member of 

the appropriate congressional advisory group from that 

committee regarding any matter related to a negotiation 

for any trade agreement to which this title applies. 

(3) GUIDELINES.— 

(A) PURPOSE AND REVISION.—The United States Trade 

Representative, in consultation with the chairmen and the 

ranking members of the Committee on Ways and Means of 

the House of Representatives and the Committee on Finance of the Senate, respectively— 

(i) shall, not later than 120 days after the date of 

the enactment of this Act, develop written guidelines 

to facilitate the useful and timely exchange of information between the Trade Representative and the congressional advisory groups; and 

(ii) may make such revisions to the guidelines as 

may be necessary from time to time. 

(B) CONTENT.—The guidelines developed under subparagraph (A) shall provide for, among other things— 

(i) detailed briefings on a fixed timetable to be specified in the guidelines of the congressional advisory 

groups regarding negotiating objectives and positions 

and the status of the applicable negotiations, beginning as soon as practicable after the congressional advisory groups are convened, with more frequent briefings as trade negotiations enter the final stage; 

(ii) access by members of the congressional advisory 

groups, and staff with proper security clearances, to 

pertinent documents relating to the negotiations, including classified materials; 

(iii) the closest practicable coordination between the 

Trade Representative and the congressional advisory 

groups at all critical periods during the negotiations, 

including at negotiation sites; 

(iv) after the applicable trade agreement is concluded, consultation regarding ongoing compliance and 

enforcement of negotiated commitments under the 

trade agreement; and 

(v) the timeframe for submitting the report required 

under section 105(d)(3). 

(4) REQUEST FOR MEETING.—Upon the request of a majority 

of either of the congressional advisory groups, the President 

shall meet with that congressional advisory group before initiating negotiations with respect to a trade agreement, or at any 

other time concerning the negotiations. 

(d) CONSULTATIONS WITH THE PUBLIC.— 


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(1) GUIDELINES FOR PUBLIC ENGAGEMENT.—The United 

States Trade Representative, in consultation with the chairmen and the ranking members of the Committee on Ways and 

Means of the House of Representatives and the Committee on 

Finance of the Senate, respectively— 

(A) shall, not later than 120 days after the date of the 

enactment of this Act, develop written guidelines on public 

access to information regarding negotiations conducted 

under this title; and 

(B) may make such revisions to the guidelines as may be 

necessary from time to time. 

(2) PURPOSES.—The guidelines developed under paragraph 

(1) shall— 

(A) facilitate transparency; 

(B) encourage public participation; and 

(C) promote collaboration in the negotiation process. 

(3) CONTENT.—The guidelines developed under paragraph (1) 

shall include procedures that— 

(A) provide for rapid disclosure of information in forms 

that the public can readily find and use; and 

(B) provide frequent opportunities for public input 

through Federal Register requests for comment and other 

means. 

(4) DISSEMINATION.—The United States Trade Representative shall disseminate the guidelines developed under paragraph (1) to all Federal agencies that could have jurisdiction 

over laws affected by trade negotiations. 

(e) CONSULTATIONS WITH ADVISORY COMMITTEES.— 

(1) GUIDELINES FOR ENGAGEMENT WITH ADVISORY COMMITTEES.—The United States Trade Representative, in consultation with the chairmen and the ranking members of the Committee on Ways and Means of the House of Representatives 

and the Committee on Finance of the Senate, respectively— 

(A) shall, not later than 120 days after the date of the 

enactment of this Act, develop written guidelines on enhanced coordination with advisory committees established 

pursuant to section 135 of the Trade Act of 1974 (19 U.S.C. 

2155) regarding negotiations conducted under this title; 

and 

(B) may make such revisions to the guidelines as may be 

necessary from time to time. 

(2) CONTENT.—The guidelines developed under paragraph (1) 

shall enhance coordination with advisory committees described 

in that paragraph through procedures to ensure— 

(A) timely briefings of advisory committees and regular 

opportunities for advisory committees to provide input 

throughout the negotiation process on matters relevant to 

the sectors or functional areas represented by those committees; and 

(B) the sharing of detailed and timely information with 

each member of an advisory committee regarding negotiations and pertinent documents related to the negotiation 

(including classified information) on matters relevant to 

the sectors or functional areas the member represents, and 


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with a designee with proper security clearances of each 

such member as appropriate. 

(3) DISSEMINATION.—The United States Trade Representative shall disseminate the guidelines developed under paragraph (1) to all Federal agencies that could have jurisdiction 

over laws affected by trade negotiations. 

(f) ESTABLISHMENT OF POSITION OF CHIEF TRANSPARENCY OFFI- CER IN THE OFFICE OF THE UNITED STATES TRADE REPRESENTA- TIVE.—Section 141(b) of the Trade Act of 1974 (19 U.S.C. 2171(b)) 

is amended— 

(1) by redesignating paragraph (3) as paragraph (4); and 

(2) by inserting after paragraph (2) the following: 

‘‘(3) There shall be in the Office one Chief Transparency Officer. 

The Chief Transparency Officer shall consult with Congress on 

transparency policy, coordinate transparency in trade negotiations, 

engage and assist the public, and advise the United States Trade 

Representative on transparency policy.’’. 

SEC. 105. NOTICE, CONSULTATIONS, AND REPORTS. 

(a) NOTICE, CONSULTATIONS, AND REPORTS BEFORE NEGOTIA- TION.— 

(1) NOTICE.—The President, with respect to any agreement 

that is subject to the provisions of section 103(b), shall— 

(A) provide, at least 90 calendar days before initiating 

negotiations with a country, written notice to Congress of 

the President’s intention to enter into the negotiations 

with that country and set forth in the notice the date on 

which the President intends to initiate those negotiations, 

the specific United States objectives for the negotiations 

with that country, and whether the President intends to 

seek an agreement, or changes to an existing agreement; 

(B) before and after submission of the notice, consult regarding the negotiations with the Committee on Ways and 

Means of the House of Representatives and the Committee 

on Finance of the Senate, such other committees of the 

House and Senate as the President deems appropriate, 

and the House Advisory Group on Negotiations and the 

Senate Advisory Group on Negotiations convened under 

section 104(c); 

(C) upon the request of a majority of the members of either the House Advisory Group on Negotiations or the 

Senate Advisory Group on Negotiations convened under 

section 104(c), meet with the requesting congressional advisory group before initiating the negotiations or at any 

other time concerning the negotiations; and 

(D) after consulting with the Committee on Ways and 

Means and the Committee on Finance, and at least 30 calendar days before initiating negotiations with a country, 

publish on a publicly available Internet website of the Office of the United States Trade Representative, and regularly update thereafter, a detailed and comprehensive 

summary of the specific objectives with respect to the negotiations, and a description of how the agreement, if successfully concluded, will further those objectives and benefit the United States. 

(2) NEGOTIATIONS REGARDING AGRICULTURE.— 


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(A) ASSESSMENT AND CONSULTATIONS FOLLOWING ASSESS- MENT.—Before initiating or continuing negotiations the 

subject matter of which is directly related to the subject 

matter under section 102(b)(3)(B) with any country, the 

President shall— 

(i) assess whether United States tariffs on agricultural products that were bound under the Uruguay 

Round Agreements are lower than the tariffs bound by 

that country; 

(ii) consider whether the tariff levels bound and applied throughout the world with respect to imports 

from the United States are higher than United States 

tariffs and whether the negotiation provides an opportunity to address any such disparity; and 

(iii) consult with the Committee on Ways and Means 

and the Committee on Agriculture of the House of 

Representatives and the Committee on Finance and 

the Committee on Agriculture, Nutrition, and Forestry 

of the Senate concerning the results of the assessment, 

whether it is appropriate for the United States to 

agree to further tariff reductions based on the conclusions reached in the assessment, and how all applicable negotiating objectives will be met. 

(B) SPECIAL CONSULTATIONS ON IMPORT SENSITIVE PROD- UCTS.—(i) Before initiating negotiations with regard to agriculture and, with respect to agreements described in 

paragraphs (2) and (3) of section 107(a), as soon as practicable after the date of the enactment of this Act, the 

United States Trade Representative shall— 

(I) identify those agricultural products subject to 

tariff rate quotas on the date of enactment of this Act, 

and agricultural products subject to tariff reductions 

by the United States as a result of the Uruguay Round 

Agreements, for which the rate of duty was reduced on 

January 1, 1995, to a rate which was not less than 

97.5 percent of the rate of duty that applied to such 

article on December 31, 1994; 

(II) consult with the Committee on Ways and Means 

and the Committee on Agriculture of the House of 

Representatives and the Committee on Finance and 

the Committee on Agriculture, Nutrition, and Forestry 

of the Senate concerning— 

(aa) whether any further tariff reductions on the 

products identified under subclause (I) should be 

appropriate, taking into account the impact of any 

such tariff reduction on the United States industry producing the product concerned; 

(bb) whether the products so identified face unjustified sanitary or phytosanitary restrictions, including those not based on scientific principles in 

contravention of the Uruguay Round Agreements; 

and 

(cc) whether the countries participating in the 

negotiations maintain export subsidies or other 

programs, policies, or practices that distort world 


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trade in such products and the impact of such programs, policies, and practices on United States 

producers of the products; 

(III) request that the International Trade Commission prepare an assessment of the probable economic 

effects of any such tariff reduction on the United 

States industry producing the product concerned and 

on the United States economy as a whole; and 

(IV) upon complying with subclauses (I), (II), and 

(III), notify the Committee on Ways and Means and 

the Committee on Agriculture of the House of Representatives and the Committee on Finance and the 

Committee on Agriculture, Nutrition, and Forestry of 

the Senate of those products identified under subclause (I) for which the Trade Representative intends 

to seek tariff liberalization in the negotiations and the 

reasons for seeking such tariff liberalization. 

(ii) If, after negotiations described in clause (i) are commenced— 

(I) the United States Trade Representative identifies 

any additional agricultural product described in clause 

(i)(I) for tariff reductions which were not the subject of 

a notification under clause (i)(IV), or 

(II) any additional agricultural product described in 

clause (i)(I) is the subject of a request for tariff reductions by a party to the negotiations, 

the Trade Representative shall, as soon as practicable, notify the committees referred to in clause (i)(IV) of those 

products and the reasons for seeking such tariff reductions. 

(3) NEGOTIATIONS REGARDING THE FISHING INDUSTRY.—Before initiating, or continuing, negotiations that directly relate 

to fish or shellfish trade with any country, the President shall 

consult with the Committee on Ways and Means and the Committee on Natural Resources of the House of Representatives, 

and the Committee on Finance and the Committee on Commerce, Science, and Transportation of the Senate, and shall 

keep the Committees apprised of the negotiations on an ongoing and timely basis. 

(4) NEGOTIATIONS REGARDING TEXTILES.—Before initiating or 

continuing negotiations the subject matter of which is directly 

related to textiles and apparel products with any country, the 

President shall— 

(A) assess whether United States tariffs on textile and 

apparel products that were bound under the Uruguay 

Round Agreements are lower than the tariffs bound by 

that country and whether the negotiation provides an opportunity to address any such disparity; and 

(B) consult with the Committee on Ways and Means of 

the House of Representatives and the Committee on Finance of the Senate concerning the results of the assessment, whether it is appropriate for the United States to 

agree to further tariff reductions based on the conclusions 

reached in the assessment, and how all applicable negotiating objectives will be met. 


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(5) ADHERENCE TO EXISTING INTERNATIONAL TRADE AND INVESTMENT AGREEMENT OBLIGATIONS.—In determining whether 

to enter into negotiations with a particular country, the President shall take into account the extent to which that country 

has implemented, or has accelerated the implementation of, its 

international trade and investment commitments to the United 

States, including pursuant to the WTO Agreement. 

(b) CONSULTATION WITH CONGRESS BEFORE ENTRY INTO AGREEMENT.— 

(1) CONSULTATION.—Before entering into any trade agreement under section 103(b), the President shall consult with— 

(A) the Committee on Ways and Means of the House of 

Representatives and the Committee on Finance of the Senate; 

(B) each other committee of the House and the Senate, 

and each joint committee of Congress, which has jurisdiction over legislation involving subject matters which would 

be affected by the trade agreement; and 

(C) the House Advisory Group on Negotiations and the 

Senate Advisory Group on Negotiations convened under 

section 104(c). 

(2) SCOPE.—The consultation described in paragraph (1) 

shall include consultation with respect to— 

(A) the nature of the agreement; 

(B) how and to what extent the agreement will achieve 

the applicable purposes, policies, priorities, and objectives 

of this title; and 

(C) the implementation of the agreement under section 

106, including the general effect of the agreement on existing laws. 

(3) REPORT REGARDING UNITED STATES TRADE REMEDY

LAWS.— 

(A) CHANGES IN CERTAIN TRADE LAWS.—The President, 

not less than 180 calendar days before the day on which 

the President enters into a trade agreement under section 

103(b), shall report to the Committee on Ways and Means 

of the House of Representatives and the Committee on Finance of the Senate— 

(i) the range of proposals advanced in the negotiations with respect to that agreement, that may be in 

the final agreement, and that could require amendments to title VII of the Tariff Act of 1930 (19 U.S.C. 

1671 et seq.) or to chapter 1 of title II of the Trade Act 

of 1974 (19 U.S.C. 2251 et seq.); and 

(ii) how these proposals relate to the objectives described in section 102(b)(16). 

(B) RESOLUTIONS.—(i) At any time after the transmission of the report under subparagraph (A), if a resolution is introduced with respect to that report in either 

House of Congress, the procedures set forth in clauses (iii) 

through (vii) shall apply to that resolution if— 

(I) no other resolution with respect to that report 

has previously been reported in that House of Congress by the Committee on Ways and Means or the 


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Committee on Finance, as the case may be, pursuant 

to those procedures; and 

(II) no procedural disapproval resolution under section 106(b) introduced with respect to a trade agreement entered into pursuant to the negotiations to 

which the report under subparagraph (A) relates has 

previously been reported in that House of Congress by 

the Committee on Ways and Means or the Committee 

on Finance, as the case may be. 

(ii) For purposes of this subparagraph, the term ‘‘resolution’’ means only a resolution of either House of Congress, 

the matter after the resolving clause of which is as follows: 

‘‘That the llll finds that the proposed changes to 

United States trade remedy laws contained in the report 

of the President transmitted to Congress on llll 

under section 105(b)(3) of the Bipartisan Congressional 

Trade Priorities and Accountability Act of 2015 with respect to llll, are inconsistent with the negotiating objectives described in section 102(b)(16) of that Act.’’, with 

the first blank space being filled with the name of the resolving House of Congress, the second blank space being 

filled with the appropriate date of the report, and the third 

blank space being filled with the name of the country or 

countries involved. 

(iii) Resolutions in the House of Representatives— 

(I) may be introduced by any Member of the House; 

(II) shall be referred to the Committee on Ways and 

Means and, in addition, to the Committee on Rules; 

and 

(III) may not be amended by either Committee. 

(iv) Resolutions in the Senate— 

(I) may be introduced by any Member of the Senate; 

(II) shall be referred to the Committee on Finance; 

and 

(III) may not be amended. 

(v) It is not in order for the House of Representatives to 

consider any resolution that is not reported by the Committee on Ways and Means and, in addition, by the Committee on Rules. 

(vi) It is not in order for the Senate to consider any resolution that is not reported by the Committee on Finance. 

(vii) The provisions of subsections (d) and (e) of section 

152 of the Trade Act of 1974 (19 U.S.C. 2192) (relating to 

floor consideration of certain resolutions in the House and 

Senate) shall apply to resolutions. 

(4) ADVISORY COMMITTEE REPORTS.—The report required 

under section 135(e)(1) of the Trade Act of 1974 (19 U.S.C. 

2155(e)(1)) regarding any trade agreement entered into under 

subsection (a) or (b) of section 103 shall be provided to the 

President, Congress, and the United States Trade Representative not later than 30 days after the date on which the President notifies Congress under section 103(a)(2) or 106(a)(1)(A) of 

the intention of the President to enter into the agreement. 

(c) INTERNATIONAL TRADE COMMISSION ASSESSMENT.— 


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(1) SUBMISSION OF INFORMATION TO COMMISSION.—The President, not later than 90 calendar days before the day on which 

the President enters into a trade agreement under section 

103(b), shall provide the International Trade Commission (referred to in this subsection as the ‘‘Commission’’) with the details of the agreement as it exists at that time and request the 

Commission to prepare and submit an assessment of the agreement as described in paragraph (2). Between the time the 

President makes the request under this paragraph and the 

time the Commission submits the assessment, the President 

shall keep the Commission current with respect to the details 

of the agreement. 

(2) ASSESSMENT.—Not later than 105 calendar days after the 

President enters into a trade agreement under section 103(b), 

the Commission shall submit to the President and Congress a 

report assessing the likely impact of the agreement on the 

United States economy as a whole and on specific industry sectors, including the impact the agreement will have on the gross 

domestic product, exports and imports, aggregate employment 

and employment opportunities, the production, employment, 

and competitive position of industries likely to be significantly 

affected by the agreement, and the interests of United States 

consumers. 

(3) REVIEW OF EMPIRICAL LITERATURE.—In preparing the assessment under paragraph (2), the Commission shall review 

available economic assessments regarding the agreement, including literature regarding any substantially equivalent proposed agreement, and shall provide in its assessment a description of the analyses used and conclusions drawn in such 

literature, and a discussion of areas of consensus and divergence between the various analyses and conclusions, including 

those of the Commission regarding the agreement. 

(4) PUBLIC AVAILABILITY.—The President shall make each assessment under paragraph (2) available to the public. 

(d) REPORTS SUBMITTED TO COMMITTEES WITH AGREEMENT.— (1) ENVIRONMENTAL REVIEWS AND REPORTS.—The President 

shall— 

(A) conduct environmental reviews of future trade and 

investment agreements, consistent with Executive Order 

13141 (64 Fed. Reg. 63169), dated November 16, 1999, and 

its relevant guidelines; and 

(B) submit a report on those reviews and on the content 

and operation of consultative mechanisms established pursuant to section 102(c) to the Committee on Ways and 

Means of the House of Representatives and the Committee 

on Finance of the Senate at the time the President submits to Congress a copy of the final legal text of an agreement pursuant to section 106(a)(1)(E). 

(2) EMPLOYMENT IMPACT REVIEWS AND REPORTS.—The President shall— 

(A) review the impact of future trade agreements on 

United States employment, including labor markets, modeled after Executive Order 13141 (64 Fed. Reg. 63169) to 

the extent appropriate in establishing procedures and criteria; and 


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(B) submit a report on such reviews to the Committee on 

Ways and Means of the House of Representatives and the 

Committee on Finance of the Senate at the time the President submits to Congress a copy of the final legal text of 

an agreement pursuant to section 106(a)(1)(E). 

(3) REPORT ON LABOR RIGHTS.—The President shall submit to 

the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, on a timeframe determined in accordance with section 104(c)(3)(B)(v)— 

(A) a meaningful labor rights report of the country, or 

countries, with respect to which the President is negotiating; and 

(B) a description of any provisions that would require 

changes to the labor laws and labor practices of the United 

States. 

(4) PUBLIC AVAILABILITY.—The President shall make all reports required under this subsection available to the public. 

(e) IMPLEMENTATION AND ENFORCEMENT PLAN.— 

(1) IN GENERAL.—At the time the President submits to Congress a copy of the final legal text of an agreement pursuant 

to section 106(a)(1)(E), the President shall also submit to Congress a plan for implementing and enforcing the agreement. 

(2) ELEMENTS.—The implementation and enforcement plan 

required by paragraph (1) shall include the following: 

(A) BORDER PERSONNEL REQUIREMENTS.—A description 

of additional personnel required at border entry points, including a list of additional customs and agricultural inspectors. 

(B) AGENCY STAFFING REQUIREMENTS.—A description of 

additional personnel required by Federal agencies responsible for monitoring and implementing the trade agreement, including personnel required by the Office of the 

United States Trade Representative, the Department of 

Commerce, the Department of Agriculture (including additional personnel required to implement sanitary and 

phytosanitary measures in order to obtain market access 

for United States exports), the Department of Homeland 

Security, the Department of the Treasury, and such other 

agencies as may be necessary. 

(C) CUSTOMS INFRASTRUCTURE REQUIREMENTS.—A description of the additional equipment and facilities needed 

by U.S. Customs and Border Protection. 

(D) IMPACT ON STATE AND LOCAL GOVERNMENTS.—A description of the impact the trade agreement will have on 

State and local governments as a result of increases in 

trade. 

(E) COST ANALYSIS.—An analysis of the costs associated 

with each of the items listed in subparagraphs (A) through 

(D). 

(3) BUDGET SUBMISSION.—The President shall include a request for the resources necessary to support the plan required 

by paragraph (1) in the first budget of the President submitted 

to Congress under section 1105(a) of title 31, United States 

Code, after the date of the submission of the plan. 


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(4) PUBLIC AVAILABILITY.—The President shall make the plan 

required under this subsection available to the public. 

(f) OTHER REPORTS.— (1) REPORT ON PENALTIES.—Not later than one year after the 

imposition by the United States of a penalty or remedy permitted by a trade agreement to which this title applies, the 

President shall submit to the Committee on Ways and Means 

of the House of Representatives and the Committee on Finance 

of the Senate a report on the effectiveness of the penalty or 

remedy applied under United States law in enforcing United 

States rights under the trade agreement, which shall address 

whether the penalty or remedy was effective in changing the 

behavior of the targeted party and whether the penalty or remedy had any adverse impact on parties or interests not party 

to the dispute. 

(2) REPORT ON IMPACT OF TRADE PROMOTION AUTHORITY.— Not later than one year after the date of the enactment of this 

Act, and not later than 5 years thereafter, the United States 

International Trade Commission shall submit to the Committee on Ways and Means of the House of Representatives 

and the Committee on Finance of the Senate a report on the 

economic impact on the United States of all trade agreements 

with respect to which Congress has enacted an implementing 

bill under trade authorities procedures since January 1, 1984. 

(3) ENFORCEMENT CONSULTATIONS AND REPORTS.—(A) The 

United States Trade Representative shall consult with the 

Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate after acceptance of a petition for review or taking an enforcement action 

in regard to an obligation under a trade agreement, including 

a labor or environmental obligation. During such consultations, 

the United States Trade Representative shall describe the matter, including the basis for such action and the application of 

any relevant legal obligations. 

(B) As part of the report required pursuant to section 163 of 

the Trade Act of 1974 (19 U.S.C. 2213), the President shall report annually to Congress on enforcement actions taken pursuant to a trade agreement to which the United States is a party, 

as well as on any public reports issued by Federal agencies on 

enforcement matters relating to a trade agreement. 

(g) ADDITIONAL COORDINATION WITH MEMBERS.—Any Member of 

the House of Representatives may submit to the Committee on 

Ways and Means of the House of Representatives and any Member 

of the Senate may submit to the Committee on Finance of the Senate the views of that Member on any matter relevant to a proposed 

trade agreement, and the relevant Committee shall receive those 

views for consideration. 

SEC. 106. IMPLEMENTATION OF TRADE AGREEMENTS. 

(a) IN GENERAL.— 

(1) NOTIFICATION AND SUBMISSION.—Any agreement entered 

into under section 103(b) shall enter into force with respect to 

the United States if (and only if)— 

(A) the President, at least 90 calendar days before the 

day on which the President enters into the trade agreement, notifies the House of Representatives and the SenVerDate Sep 11 2014 02:28 Jun 18, 2015 Jkt 049008 PO 00000 Frm 00033 Fmt 6659 Sfmt 6602 E:\HR\OC\HR167.XXX HR167

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ate of the President’s intention to enter into the agreement, and promptly thereafter publishes notice of such intention in the Federal Register; 

(B) the President, at least 60 days before the day on 

which the President enters into the agreement, publishes 

the text of the agreement on a publicly available Internet 

website of the Office of the United States Trade Representative; 

(C) within 60 days after entering into the agreement, the 

President submits to Congress a description of those 

changes to existing laws that the President considers 

would be required in order to bring the United States into 

compliance with the agreement; 

(D) the President, at least 30 days before submitting to 

Congress the materials under subparagraph (E), submits 

to Congress— 

(i) a draft statement of any administrative action 

proposed to implement the agreement; and 

(ii) a copy of the final legal text of the agreement; 

(E) after entering into the agreement, the President submits 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— 

(i) a draft of an implementing bill described in section 103(b)(3); 

(ii) a statement of any administrative action proposed to implement the trade agreement; and 

(iii) the supporting information described in paragraph (2)(A); 

(F) the implementing bill is enacted into law; and 

(G) the President, not later than 30 days before the date 

on which the agreement enters into force with respect to 

a party to the agreement, submits written notice to Congress that the President has determined that the party has 

taken measures necessary to comply with those provisions 

of the agreement that are to take effect on the date on 

which the agreement enters into force. 

(2) SUPPORTING INFORMATION.— 

(A) IN GENERAL.—The supporting information required 

under paragraph (1)(E)(iii) consists of— 

(i) an explanation as to how the implementing bill 

and proposed administrative action will change or affect existing law; and 

(ii) a statement— 

(I) asserting that the agreement makes progress 

in achieving the applicable purposes, policies, priorities, and objectives of this title; and 

(II) setting forth the reasons of the President regarding— 

(aa) how and to what extent the agreement 

makes progress in achieving the applicable 

purposes, policies, and objectives referred to 

in subclause (I); 


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(bb) whether and how the agreement 

changes provisions of an agreement previously negotiated; 

(cc) how the agreement serves the interests 

of United States commerce; and 

(dd) how the implementing bill meets the 

standards set forth in section 103(b)(3). 

(B) PUBLIC AVAILABILITY.—The President shall make the 

supporting information described in subparagraph (A) 

available to the public. 

(3) RECIPROCAL BENEFITS.—In order to ensure that a foreign 

country that is not a party to a trade agreement entered into 

under section 103(b) does not receive benefits under the agreement unless the country is also subject to the obligations under 

the agreement, the implementing bill submitted with respect to 

the agreement shall provide that the benefits and obligations 

under the agreement apply only to the parties to the agreement, if such application is consistent with the terms of the 

agreement. The implementing bill may also provide that the 

benefits and obligations under the agreement do not apply uniformly to all parties to the agreement, if such application is 

consistent with the terms of the agreement. 

(4) DISCLOSURE OF COMMITMENTS.—Any agreement or other 

understanding with a foreign government or governments 

(whether oral or in writing) that— 

(A) relates to a trade agreement with respect to which 

Congress enacts an implementing bill under trade authorities procedures; and 

(B) is not disclosed to Congress before an implementing 

bill with respect to that agreement is introduced in either 

House of Congress, 

shall not be considered to be part of the agreement approved 

by Congress and shall have no force and effect under United 

States law or in any dispute settlement body. 

(b) LIMITATIONS ON TRADE AUTHORITIES PROCEDURES.— (1) FOR LACK OF NOTICE OR CONSULTATIONS.— (A) IN GENERAL.—The trade authorities procedures shall 

not apply to any implementing bill submitted with respect 

to a trade agreement or trade agreements entered into 

under section 103(b) if during the 60-day period beginning 

on the date that one House of Congress agrees to a procedural disapproval resolution for lack of notice or consultations with respect to such trade agreement or agreements, 

the other House separately agrees to a procedural disapproval resolution with respect to such trade agreement 

or agreements. 

(B) PROCEDURAL DISAPPROVAL RESOLUTION.—(i) For purposes of this paragraph, the term ‘‘procedural disapproval 

resolution’’ means a resolution of either House of Congress, 

the sole matter after the resolving clause of which is as follows: ‘‘That the President has failed or refused to notify or 

consult in accordance with the Bipartisan Congressional 

Trade Priorities and Accountability Act of 2015 on negotiations with respect to llllllll and, therefore, the 

trade authorities procedures under that Act shall not 


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apply to any implementing bill submitted with respect to 

such trade agreement or agreements.’’, with the blank 

space being filled with a description of the trade agreement or agreements with respect to which the President is 

considered to have failed or refused to notify or consult. 

(ii) For purposes of clause (i) and paragraphs (3)(C) and 

(4)(C), the President has ‘‘failed or refused to notify or consult in accordance with the Bipartisan Congressional 

Trade Priorities and Accountability Act of 2015’’ on negotiations with respect to a trade agreement or trade agreements if— 

(I) the President has failed or refused to consult (as 

the case may be) in accordance with sections 104 and 

105 and this section with respect to the negotiations, 

agreement, or agreements; 

(II) guidelines under section 104 have not been developed or met with respect to the negotiations, agreement, or agreements; 

(III) the President has not met with the House Advisory Group on Negotiations or the Senate Advisory 

Group on Negotiations pursuant to a request made 

under section 104(c)(4) with respect to the negotiations, agreement, or agreements; or 

(IV) the agreement or agreements fail to make 

progress in achieving the purposes, policies, priorities, 

and objectives of this title. 

(2) PROCEDURES FOR CONSIDERING RESOLUTIONS.—(A) Procedural disapproval resolutions— 

(i) in the House of Representatives— 

(I) may be introduced by any Member of the House; 

(II) shall be referred to the Committee on Ways and 

Means and, in addition, to the Committee on Rules; 

and 

(III) may not be amended by either Committee; and 

(ii) in the Senate— 

(I) may be introduced by any Member of the Senate; 

(II) shall be referred to the Committee on Finance; 

and 

(III) may not be amended. 

(B) The provisions of subsections (d) and (e) of section 152 

of the Trade Act of 1974 (19 U.S.C. 2192) (relating to the floor 

consideration of certain resolutions in the House and Senate) 

apply to a procedural disapproval resolution introduced with 

respect to a trade agreement if no other procedural disapproval 

resolution with respect to that trade agreement has previously 

been reported in that House of Congress by the Committee on 

Ways and Means or the Committee on Finance, as the case 

may be, and if no resolution described in clause (ii) of section 

105(b)(3)(B) with respect to that trade agreement has been reported in that House of Congress by the Committee on Ways 

and Means or the Committee on Finance, as the case may be, 

pursuant to the procedures set forth in clauses (iii) through 

(vii) of such section. 

(C) It is not in order for the House of Representatives to consider any procedural disapproval resolution not reported by the 


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Committee on Ways and Means and, in addition, by the Committee on Rules. 

(D) It is not in order for the Senate to consider any procedural disapproval resolution not reported by the Committee on 

Finance. 

(3) CONSIDERATION IN SENATE OF CONSULTATION AND COMPLIANCE RESOLUTION TO REMOVE TRADE AUTHORITIES PROCEDURES.— 

(A) REPORTING OF RESOLUTION.—If, when the Committee 

on Finance of the Senate meets on whether to report an 

implementing bill with respect to a trade agreement or 

agreements entered into under section 103(b), the committee fails to favorably report the bill, the committee 

shall report a resolution described in subparagraph (C). 

(B) APPLICABILITY OF TRADE AUTHORITIES PROCEDURES.— 

The trade authorities procedures shall not apply in the 

Senate to any implementing bill submitted with respect to 

a trade agreement or agreements described in subparagraph (A) if the Committee on Finance reports a resolution 

described in subparagraph (C) and such resolution is 

agreed to by the Senate. 

(C) RESOLUTION DESCRIBED.—A resolution described in 

this subparagraph is a resolution of the Senate originating 

from the Committee on Finance the sole matter after the 

resolving clause of which is as follows: ‘‘That the President 

has failed or refused to notify or consult in accordance 

with the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 on negotiations with respect to 

lllll and, therefore, the trade authorities procedures 

under that Act shall not apply in the Senate to any implementing bill submitted with respect to such trade agreement or agreements.’’, with the blank space being filled 

with a description of the trade agreement or agreements 

described in subparagraph (A). 

(D) PROCEDURES.—If the Senate does not agree to a motion to invoke cloture on the motion to proceed to a resolution described in subparagraph (C), the resolution shall be 

committed to the Committee on Finance. 

(4) CONSIDERATION IN THE HOUSE OF REPRESENTATIVES OF A

CONSULTATION AND COMPLIANCE RESOLUTION.— 

(A) QUALIFICATIONS FOR REPORTING RESOLUTION.—If— 

(i) the Committee on Ways and Means of the House 

of Representatives reports an implementing bill with 

respect to a trade agreement or agreements entered 

into under section 103(b) with other than a favorable 

recommendation; and 

(ii) a Member of the House of Representatives has 

introduced a consultation and compliance resolution 

on the legislative day following the filing of a report 

to accompany the implementing bill with other than a 

favorable recommendation, 

then the Committee on Ways and Means shall consider a 

consultation and compliance resolution pursuant to subparagraph (B). 


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(B) COMMITTEE CONSIDERATION OF A QUALIFYING RESO- LUTION.—(i) Not later than the fourth legislative day after 

the date of introduction of the resolution, the Committee 

on Ways and Means shall meet to consider a resolution 

meeting the qualifications set forth in subparagraph (A). 

(ii) After consideration of one such resolution by the 

Committee on Ways and Means, this subparagraph shall 

not apply to any other such resolution. 

(iii) If the Committee on Ways and Means has not reported the resolution by the sixth legislative day after the 

date of its introduction, that committee shall be discharged 

from further consideration of the resolution. 

(C) CONSULTATION AND COMPLIANCE RESOLUTION DESCRIBED.—A consultation and compliance resolution— 

(i) is a resolution of the House of Representatives, 

the sole matter after the resolving clause of which is 

as follows: ‘‘That the President has failed or refused to 

notify or consult in accordance with the Bipartisan 

Congressional Trade Priorities and Accountability Act 

of 2015 on negotiations with respect to lllll 

and, therefore, the trade authorities procedures under 

that Act shall not apply in the House of Representatives to any implementing bill submitted with respect 

to such trade agreement or agreements.’’, with the 

blank space being filled with a description of the trade 

agreement or agreements described in subparagraph 

(A); and 

(ii) shall be referred to the Committee on Ways and 

Means. 

(D) APPLICABILITY OF TRADE AUTHORITIES PROCE- DURES.—The trade authorities procedures shall not apply 

in the House of Representatives to any implementing bill 

submitted with respect to a trade agreement or agreements which are the object of a consultation and compliance resolution if such resolution is adopted by the House. 

(5) FOR FAILURE TO MEET OTHER REQUIREMENTS.—Not later 

than December 15, 2015, the Secretary of Commerce, in consultation with the Secretary of State, the Secretary of the 

Treasury, the Attorney General, and the United States Trade 

Representative, shall transmit to Congress a report setting 

forth the strategy of the executive branch to address concerns 

of Congress regarding whether dispute settlement panels and 

the Appellate Body of the World Trade Organization have 

added to obligations, or diminished rights, of the United 

States, as described in section 102(b)(15)(C). Trade authorities 

procedures shall not apply to any implementing bill with respect to an agreement negotiated under the auspices of the 

World Trade Organization unless the Secretary of Commerce 

has issued such report by the deadline specified in this paragraph. 

(6) LIMITATIONS ON PROCEDURES WITH RESPECT TO AGREE- MENTS WITH COUNTRIES NOT IN COMPLIANCE WITH TRAFFICKING

VICTIMS PROTECTION ACT OF 2000.— 

(A) IN GENERAL.—The trade authorities procedures shall 

not apply to any implementing bill submitted with respect 


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39 

to a trade agreement or trade agreements entered into 

under section 103(b) with a country to which the minimum 

standards for the elimination of trafficking are applicable 

and the government of which does not fully comply with 

such standards and is not making significant efforts to 

bring the country into compliance (commonly referred to as 

a ‘‘tier 3’’ country), as determined in the most recent annual report on trafficking in persons submitted under section 110(b)(1) of the Trafficking Victims Protection Act of 

2000 (22 U.S.C. 7107(b)(1)). 

(B) MINIMUM STANDARDS FOR THE ELIMINATION OF TRAF- FICKING DEFINED.—In this paragraph, the term ‘‘minimum 

standards for the elimination of trafficking’’ means the 

standards set forth in section 108 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7106). 

(c) RULES OF HOUSE OF REPRESENTATIVES AND SENATE.—Subsection (b) of this section, section 103(c), and section 105(b)(3) are 

enacted by Congress— 

(1) as an exercise of the rulemaking power of the House of 

Representatives and the Senate, respectively, and as such are 

deemed a part of the rules of each House, respectively, and 

such procedures supersede other rules only to the extent that 

they are inconsistent with such other rules; and 

(2) 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. 

SEC. 107. TREATMENT OF CERTAIN TRADE AGREEMENTS FOR WHICH 

NEGOTIATIONS HAVE ALREADY BEGUN. 

(a) CERTAIN AGREEMENTS.—Notwithstanding the prenegotiation 

notification and consultation requirement described in section 

105(a), if an agreement to which section 103(b) applies— 

(1) is entered into under the auspices of the World Trade Organization, 

(2) is entered into with the Trans-Pacific Partnership countries with respect to which notifications have been made in a 

manner consistent with section 105(a)(1)(A) as of the date of 

the enactment of this Act, 

(3) is entered into with the European Union, 

(4) is an agreement with respect to international trade in 

services entered into with WTO members with respect to which 

a notification has been made in a manner consistent with section 105(a)(1)(A) as of the date of the enactment of this Act, or 

(5) is an agreement with respect to environmental goods entered into with WTO members with respect to which a notification has been made in a manner consistent with section 

105(a)(1)(A) as of the date of the enactment of this Act, 

and results from negotiations that were commenced before the date 

of the enactment of this Act, subsection (b) shall apply. 

(b) TREATMENT OF AGREEMENTS.—In the case of any agreement 

to which subsection (a) applies, the applicability of the trade authorities procedures to implementing bills shall be determined 

without regard to the requirements of section 105(a) (relating only 

to notice prior to initiating negotiations), and any resolution under 

paragraph (1)(B), (3)(C), or (4)(C) of section 106(b) shall not be in 


emcdonald on DSK67QTVN1PROD with HEARING
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order on the basis of a failure or refusal to comply with the provisions of section 105(a), if (and only if) the President, as soon as feasible after the date of the enactment of this Act— 

(1) notifies Congress of the negotiations described in subsection (a), the specific United States objectives in the negotiations, and whether the President is seeking a new agreement 

or changes to an existing agreement; and 

(2) before and after submission of the notice, consults regarding the negotiations with the committees referred to in section 

105(a)(1)(B) and the House and Senate Advisory Groups on Negotiations convened under section 104(c). 

SEC. 108. SOVEREIGNTY. 

(a) UNITED STATES LAW TO PREVAIL IN EVENT OF CONFLICT.—No 

provision of any trade agreement entered into under section 103(b), 

nor the application of any such provision to any person or circumstance, that is inconsistent with any law of the United States, 

any State of the United States, or any locality of the United States 

shall have effect. 

(b) AMENDMENTS OR MODIFICATIONS OF UNITED STATES LAW.— 

No provision of any trade agreement entered into under section 

103(b) shall prevent the United States, any State of the United 

States, or any locality of the United States from amending or modifying any law of the United States, that State, or that locality (as 

the case may be). 

(c) DISPUTE SETTLEMENT REPORTS.—Reports, including findings 

and recommendations, issued by dispute settlement panels convened pursuant to any trade agreement entered into under section 

103(b) shall have no binding effect on the law of the United States, 

the Government of the United States, or the law or government of 

any State or locality of the United States. 

SEC. 109. INTERESTS OF SMALL BUSINESSES. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the United States Trade Representative should facilitate 

participation by small businesses in the trade negotiation process; and 

(2) the functions of the Office of the United States Trade 

Representative relating to small businesses should continue to 

be reflected in the title of the Assistant United States Trade 

Representative assigned the responsibility for small businesses. 

(b) CONSIDERATION OF SMALL BUSINESS INTERESTS.—The Assistant United States Trade Representative for Small Business, Market Access, and Industrial Competitiveness shall be responsible for 

ensuring that the interests of small businesses are considered in all 

trade negotiations in accordance with the objective described in section 102(a)(8). 

SEC. 110. CONFORMING AMENDMENTS; APPLICATION OF CERTAIN 

PROVISIONS. 

(a) CONFORMING AMENDMENTS.— 

(1) ADVICE FROM UNITED STATES INTERNATIONAL TRADE COMMISSION.—Section 131 of the Trade Act of 1974 (19 U.S.C. 

2151) is amended— 

(A) in subsection (a)— 


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(i) in paragraph (1), by striking ‘‘section 2103(a) or 

(b) of the Bipartisan Trade Promotion Authority Act of 

2002’’ and inserting ‘‘subsection (a) or (b) of section 

103 of the Bipartisan Congressional Trade Priorities 

and Accountability Act of 2015’’; and 

(ii) in paragraph (2), by striking ‘‘section 2103(b) of 

the Bipartisan Trade Promotion Authority Act of 

2002’’ and inserting ‘‘section 103(b) of the Bipartisan 

Congressional Trade Priorities and Accountability Act 

of 2015’’; 

(B) in subsection (b), by striking ‘‘section 2103(a)(3)(A) of 

the Bipartisan Trade Promotion Authority Act of 2002’’ 

and inserting ‘‘section 103(a)(4)(A) of the Bipartisan Congressional Trade Priorities and Accountability Act of 

2015’’; and 

(C) in subsection (c), by striking ‘‘section 2103 of the Bipartisan Trade Promotion Authority Act of 2002’’ and inserting ‘‘section 103(a) of the Bipartisan Congressional 

Trade Priorities and Accountability Act of 2015’’. 

(2) HEARINGS.—Section 132 of the Trade Act of 1974 (19 

U.S.C. 2152) is amended by striking ‘‘section 2103 of the Bipartisan Trade Promotion Authority Act of 2002’’ and inserting 

‘‘section 103 of the Bipartisan Congressional Trade Priorities 

and Accountability Act of 2015’’. 

(3) PUBLIC HEARINGS.—Section 133(a) of the Trade Act of 

1974 (19 U.S.C. 2153(a)) is amended by striking ‘‘section 2103 

of the Bipartisan Trade Promotion Authority Act of 2002’’ and 

inserting ‘‘section 103 of the Bipartisan Congressional Trade 

Priorities and Accountability Act of 2015’’. 

(4) PREREQUISITES FOR OFFERS.—Section 134 of the Trade 

Act of 1974 (19 U.S.C. 2154) is amended by striking ‘‘section 

2103 of the Bipartisan Trade Promotion Authority Act of 2002’’ 

each place it appears and inserting ‘‘section 103 of the Bipartisan Congressional Trade Priorities and Accountability Act of 

2015’’. 

(5) INFORMATION AND ADVICE FROM PRIVATE AND PUBLIC SEC- TORS.—Section 135 of the Trade Act of 1974 (19 U.S.C. 2155) 

is amended— 

(A) in subsection (a)(1)(A), by striking ‘‘section 2103 of 

the Bipartisan Trade Promotion Authority Act of 2002’’ 

and inserting ‘‘section 103 of the Bipartisan Congressional 

Trade Priorities and Accountability Act of 2015’’; and 

(B) in subsection (e)— 

(i) in paragraph (1)— 

(I) by striking ‘‘section 2103 of the Bipartisan 

Trade Promotion Authority Act of 2002’’ each 

place it appears and inserting ‘‘section 103 of the 

Bipartisan Congressional Trade Priorities and Accountability Act of 2015’’; and 

(II) by striking ‘‘not later than the date on 

which the President notifies the Congress under 

section 2105(a)(1)(A) of the Bipartisan Trade Promotion Authority Act of 2002’’ and inserting ‘‘not 

later than the date that is 30 days after the date 

on which the President notifies Congress under 


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section 106(a)(1)(A) of the Bipartisan Congressional Trade Priorities and Accountability Act of 

2015’’; and 

(ii) in paragraph (2), by striking ‘‘section 2102 of the 

Bipartisan Trade Promotion Authority Act of 2002’’ 

and inserting ‘‘section 102 of the Bipartisan Congressional Trade Priorities and Accountability Act of 

2015’’. 

(6) PROCEDURES RELATING TO IMPLEMENTING BILLS.—Section 

151 of the Trade Act of 1974 (19 U.S.C. 2191) is amended— 

(A) in subsection (b)(1), in the matter preceding subparagraph (A), by striking ‘‘section 2105(a)(1) of the Bipartisan 

Trade Promotion Authority Act of 2002’’ and inserting 

‘‘section 106(a)(1) of the Bipartisan Congressional Trade 

Priorities and Accountability Act of 2015’’; and 

(B) in subsection (c)(1), by striking ‘‘section 2105(a)(1) of 

the Bipartisan Trade Promotion Authority Act of 2002’’ 

and inserting ‘‘section 106(a)(1) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015’’. 

(7) TRANSMISSION OF AGREEMENTS TO CONGRESS.—Section 

162(a) of the Trade Act of 1974 (19 U.S.C. 2212(a)) is amended 

by striking ‘‘section 2103 of the Bipartisan Trade Promotion 

Authority Act of 2002’’ and inserting ‘‘section 103 of the Bipartisan Congressional Trade Priorities and Accountability Act of 

2015’’. 

(b) APPLICATION OF CERTAIN PROVISIONS.—For purposes of applying sections 125, 126, and 127 of the Trade Act of 1974 (19 U.S.C. 

2135, 2136, and 2137)— 

(1) any trade agreement entered into under section 103 shall 

be treated as an agreement entered into under section 101 or 

102 of the Trade Act of 1974 (19 U.S.C. 2111 or 2112), as appropriate; and 

(2) any proclamation or Executive order issued pursuant to 

a trade agreement entered into under section 103 shall be 

treated as a proclamation or Executive order issued pursuant 

to a trade agreement entered into under section 102 of the 

Trade Act of 1974 (19 U.S.C. 2112). 

SEC. 111. DEFINITIONS. 

In this title: 

(1) AGREEMENT ON AGRICULTURE.—The term ‘‘Agreement on 

Agriculture’’ means the agreement referred to in section 

101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C. 

3511(d)(2)). 

(2) AGREEMENT ON SAFEGUARDS.—The term ‘‘Agreement on 

Safeguards’’ means the agreement referred to in section 

101(d)(13) of the Uruguay Round Agreements Act (19 U.S.C. 

3511(d)(13)). 

(3) AGREEMENT ON SUBSIDIES AND COUNTERVAILING MEASURES.—The term ‘‘Agreement on Subsidies and Countervailing 

Measures’’ means the agreement referred to in section 

101(d)(12) of the Uruguay Round Agreements Act (19 U.S.C. 

3511(d)(12)). 

(4) ANTIDUMPING AGREEMENT.—The term ‘‘Antidumping 

Agreement’’ means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 reVerDate Sep 11 2014 02:28 Jun 18, 2015 Jkt 049008 PO 00000 Frm 00042 Fmt 6659 Sfmt 6602 E:\HR\OC\HR167.XXX HR167

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ferred to in section 101(d)(7) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(7)). 

(5) APPELLATE BODY.—The term ‘‘Appellate Body’’ means the 

Appellate Body established under Article 17.1 of the Dispute 

Settlement Understanding. 

(6) COMMON MULTILATERAL ENVIRONMENTAL AGREEMENT.— (A) IN GENERAL.—The term ‘‘common multilateral environmental agreement’’ means any agreement specified in 

subparagraph (B) or included under subparagraph (C) to 

which both the United States and one or more other parties to the negotiations are full parties, including any current or future mutually agreed upon protocols, amendments, annexes, or adjustments to such an agreement. 

(B) AGREEMENTS SPECIFIED.—The agreements specified 

in this subparagraph are the following: 

(i) The Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249). 

(ii) The Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal September 

16, 1987. 

(iii) The Protocol of 1978 Relating to the International Convention for the Prevention of Pollution 

from Ships, 1973, done at London February 17, 1978. 

(iv) The Convention on Wetlands of International 

Importance Especially as Waterfowl Habitat, done at 

Ramsar February 2, 1971 (TIAS 11084). 

(v) The Convention on the Conservation of Antarctic 

Marine Living Resources, done at Canberra May 20, 

1980 (33 UST 3476). 

(vi) The International Convention for the Regulation 

of Whaling, done at Washington December 2, 1946 (62 

Stat. 1716). 

(vii) The Convention for the Establishment of an 

Inter-American Tropical Tuna Commission, done at 

Washington May 31, 1949 (1 UST 230). 

(C) ADDITIONAL AGREEMENTS.—Both the United States 

and one or more other parties to the negotiations may 

agree to include any other multilateral environmental or 

conservation agreement to which they are full parties as a 

common multilateral environmental agreement under this 

paragraph. 

(7) CORE LABOR STANDARDS.—The term ‘‘core labor standards’’ means— 

(A) freedom of association; 

(B) the effective recognition of the right to collective bargaining; 

(C) the elimination of all forms of forced or compulsory 

labor; 

(D) the effective abolition of child labor and a prohibition 

on the worst forms of child labor; and 

(E) the elimination of discrimination in respect of employment and occupation. 

(8) DISPUTE SETTLEMENT UNDERSTANDING.—The term ‘‘Dispute Settlement Understanding’’ means the Understanding on 


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Rules and Procedures Governing the Settlement of Disputes referred to in section 101(d)(16) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(16)). 

(9) ENABLING CLAUSE.—The term ‘‘Enabling Clause’’ means 

the Decision on Differential and More Favourable Treatment, 

Reciprocity and Fuller Participation of Developing Countries 

(L/4903), adopted November 28, 1979, under GATT 1947 (as 

defined in section 2 of the Uruguay Round Agreements Act (19 

U.S.C. 3501)). 

(10) ENVIRONMENTAL LAWS.—The term ‘‘environmental 

laws’’, with respect to the laws of the United States, means environmental statutes and regulations enforceable by action of 

the Federal Government. 

(11) GATT 1994.—The term ‘‘GATT 1994’’ has the meaning 

given that term in section 2 of the Uruguay Round Agreements 

Act (19 U.S.C. 3501). 

(12) GENERAL AGREEMENT ON TRADE IN SERVICES.—The term 

‘‘General Agreement on Trade in Services’’ means the General 

Agreement on Trade in Services (referred to in section 

101(d)(14) of the Uruguay Round Agreements Act (19 U.S.C. 

3511(d)(14))). 

(13) GOVERNMENT PROCUREMENT AGREEMENT.—The term 

‘‘Government Procurement Agreement’’ means the Agreement 

on Government Procurement referred to in section 101(d)(17) of 

the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(17)). 

(14) ILO.—The term ‘‘ILO’’ means the International Labor 

Organization. 

(15) IMPORT SENSITIVE AGRICULTURAL PRODUCT.—The term 

‘‘import sensitive agricultural product’’ means an agricultural 

product— 

(A) with respect to which, as a result of the Uruguay 

Round Agreements, the rate of duty was the subject of tariff reductions by the United States and, pursuant to such 

Agreements, was reduced on January 1, 1995, to a rate 

that was not less than 97.5 percent of the rate of duty that 

applied to such article on December 31, 1994; or 

(B) which was subject to a tariff rate quota on the date 

of the enactment of this Act. 

(16) INFORMATION TECHNOLOGY AGREEMENT.—The term ‘‘Information Technology Agreement’’ means the Ministerial Declaration on Trade in Information Technology Products of the 

World Trade Organization, agreed to at Singapore December 

13, 1996. 

(17) INTERNATIONALLY RECOGNIZED CORE LABOR STANDARDS.—The term ‘‘internationally recognized core labor standards’’ means the core labor standards only as stated in the ILO 

Declaration on Fundamental Principles and Rights at Work 

and its Follow-Up (1998). 

(18) LABOR LAWS.—The term ‘‘labor laws’’ means the statutes 

and regulations, or provisions thereof, of a party to the negotiations that are directly related to core labor standards as well 

as other labor protections for children and minors and acceptable conditions of work with respect to minimum wages, hours 

of work, and occupational safety and health, and for the United 

States, includes Federal statutes and regulations addressing 


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those standards, protections, or conditions, but does not include State or local labor laws. 

(19) UNITED STATES PERSON.—The term ‘‘United States person’’ means— 

(A) a United States citizen; 

(B) a partnership, corporation, or other legal entity that 

is organized under the laws of the United States; and 

(C) a partnership, corporation, or other legal entity that 

is organized under the laws of a foreign country and is 

controlled by entities described in subparagraph (B) or 

United States citizens, or both. 

(20) URUGUAY ROUND AGREEMENTS.—The term ‘‘Uruguay 

Round Agreements’’ has the meaning given that term in section 2(7) of the Uruguay Round Agreements Act (19 U.S.C. 

3501(7)). 

(21) WORLD TRADE ORGANIZATION; WTO.—The terms ‘‘World 

Trade Organization’’ and ‘‘WTO’’ mean the organization established pursuant to the WTO Agreement. 

(22) WTO AGREEMENT.—The term ‘‘WTO Agreement’’ means 

the Agreement Establishing the World Trade Organization entered into on April 15, 1994. 

(23) WTO MEMBER.—The term ‘‘WTO member’’ has the 

meaning given that term in section 2(10) of the Uruguay 

Round Agreements Act (19 U.S.C. 3501(10)). 

Æ 


emcdonald on DSK67QTVN1PROD with HEARING