II 

113TH CONGRESS 

2D SESSION S. 1900 

To establish congressional trade negotiating objectives and enhanced consultation requirements for trade negotiations, to provide for consideration 

of trade agreements, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 9, 2014 

Mr. BAUCUS (for himself and Mr. HATCH) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To establish congressional trade negotiating objectives and 

enhanced consultation requirements for trade negotiations, to provide for consideration of trade agreements, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bipartisan Congres5 sional Trade Priorities Act of 2014’’. 

6 SEC. 2. TRADE NEGOTIATING OBJECTIVES. 

7 (a) OVERALL TRADE NEGOTIATING OBJECTIVES.— 

8 The overall trade negotiating objectives of the United 


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1 States for agreements subject to the provisions of section 

2 3 are— 

3 (1) to obtain more open, equitable, and recip4 rocal market access; 

5 (2) to obtain the reduction or elimination of 

6 barriers and distortions that are directly related to 

7 trade and investment and that decrease market op8 portunities for United States exports or otherwise 

9 distort United States trade; 

10 (3) to further strengthen the system of inter11 national trade and investment disciplines and proce12 dures, including dispute settlement; 

13 (4) to foster economic growth, raise living 

14 standards, enhance the competitiveness of the 

15 United States, promote full employment in the 

16 United States, and enhance the global economy; 

17 (5) to ensure that trade and environmental poli18 cies are mutually supportive and to seek to protect 

19 and preserve the environment and enhance the inter20 national means of doing so, while optimizing the use 

21 of the world’s resources; 

22 (6) to promote respect for worker rights and 

23 the rights of children consistent with core labor 

24 standards of the ILO (as set out in section 11(7)) 


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1 and an understanding of the relationship between 

2 trade and worker rights; 

3 (7) to seek provisions in trade agreements 

4 under which parties to those agreements ensure that 

5 they do not weaken or reduce the protections af6 forded in domestic environmental and labor laws as 

7 an encouragement for trade; 

8 (8) to ensure that trade agreements afford 

9 small businesses equal access to international mar10 kets, equitable trade benefits, and expanded export 

11 market opportunities, and provide for the reduction 

12 or elimination of trade and investment barriers that 

13 disproportionately impact small businesses; 

14 (9) to promote universal ratification and full 

15 compliance with ILO Convention No. 182 Con16 cerning the Prohibition and Immediate Action for 

17 the Elimination of the Worst Forms of Child Labor; 

18 (10) to ensure that trade agreements reflect 

19 and facilitate the increasingly interrelated, multi-sec20 toral nature of trade and investment activity; 

21 (11) to ensure implementation of trade commit22 ments and obligations by strengthening the effective 

23 operation of legal regimes and the rule of law by 

24 trading partners of the United States through ca25 pacity building and other appropriate means; 


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1 (12) to recognize the growing significance of 

2 the Internet as a trading platform in international 

3 commerce; and 

4 (13) to take into account other legitimate 

5 United States domestic objectives, including, but not 

6 limited to, the protection of legitimate health or 

7 safety, essential security, and consumer interests 

8 and the law and regulations related thereto. 

9 (b) PRINCIPAL TRADE NEGOTIATING OBJECTIVES.— 

10 (1) TRADE IN GOODS.—The principal negoti11 ating objectives of the United States regarding trade 

12 in goods are— 

13 (A) to expand competitive market opportu14 nities for exports of goods from the United 

15 States and to obtain fairer and more open con16 ditions of trade, including through the utiliza17 tion of global value chains, by reducing or elimi18 nating tariff and nontariff barriers and policies 

19 and practices of foreign governments directly 

20 related to trade that decrease market opportu21 nities for United States exports or otherwise 

22 distort United States trade; and 

23 (B) to obtain reciprocal tariff and non24 tariff barrier elimination agreements, including 

25 with respect to those tariff categories covered in 


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1 section 111(b) of the Uruguay Round Agree2 ments Act (19 U.S.C. 3521(b)). 

3 (2) TRADE IN SERVICES.—(A) The principal 

4 negotiating objective of the United States regarding 

5 trade in services is to expand competitive market op6 portunities for United States services and to obtain 

7 fairer and more open conditions of trade, including 

8 through utilization of global value chains, by reduc9 ing or eliminating barriers to international trade in 

10 services, such as regulatory and other barriers that 

11 deny national treatment and market access or un12 reasonably restrict the establishment or operations 

13 of service suppliers. 

14 (B) Recognizing that expansion of trade in 

15 services generates benefits for all sectors of the 

16 economy and facilitates trade, the objective described 

17 in subparagraph (A) should be pursued through all 

18 means, including through a plurilateral agreement 

19 with those countries willing and able to undertake 

20 high standard services commitments for both exist21 ing and new services. 

22 (3) TRADE IN AGRICULTURE.—The principal 

23 negotiating objective of the United States with re24 spect to agriculture is to obtain competitive opportu25 nities for United States exports of agricultural comVerDate Mar 15 2010 03:04 Jan 10, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1900.IS S1900

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1 modities in foreign markets substantially equivalent 

2 to the competitive opportunities afforded foreign ex3 ports in United States markets and to achieve fairer 

4 and more open conditions of trade in bulk, specialty 

5 crop, and value added commodities by— 

6 (A) securing more open and equitable mar7 ket access through robust rules on sanitary and 

8 phytosanitary measures that— 

9 (i) encourage the adoption of inter10 national standards and require a science11 based justification be provided for a sani12 tary or phytosanitary measure if the meas13 ure is more restrictive than the applicable 

14 international standard; 

15 (ii) improve regulatory coherence, pro16 mote the use of systems-based approaches, 

17 and appropriately recognize the equivalence 

18 of health and safety protection systems of 

19 exporting countries; 

20 (iii) require that measures are trans21 parently developed and implemented, are 

22 based on risk assessments that take into 

23 account relevant international guidelines 

24 and scientific data, and are not more reVerDate Mar 15 2010 03:04 Jan 10, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1900.IS S1900

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1 strictive on trade than necessary to meet 

2 the intended purpose; and 

3 (iv) improve import check processes, 

4 including testing methodologies and proce5 dures, and certification requirements, 

6 while recognizing that countries may put in 

7 place measures to protect human, animal or 

8 plant life or health in a manner consistent with 

9 their international obligations, including the 

10 WTO Agreement on the Application of Sanitary 

11 and Phytosanitary Measures (referred to in sec12 tion 101(d)(3) of the Uruguay Round Agree13 ments Act (19 U.S.C. 3511(d)(3))); 

14 (B) reducing or eliminating, by a date cer15 tain, tariffs or other charges that decrease mar16 ket opportunities for United States exports— 

17 (i) giving priority to those products 

18 that are subject to significantly higher tar19 iffs or subsidy regimes of major producing 

20 countries; and 

21 (ii) providing reasonable adjustment 

22 periods for United States import sensitive 

23 products, in close consultation with Con24 gress on such products before initiating 

25 tariff reduction negotiations; 


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1 (C) reducing tariffs to levels that are the 

2 same as or lower than those in the United 

3 States; 

4 (D) reducing or eliminating subsidies that 

5 decrease market opportunities for United States 

6 exports or unfairly distort agriculture markets 

7 to the detriment of the United States; 

8 (E) allowing the preservation of programs 

9 that support family farms and rural commu10 nities but do not distort trade; 

11 (F) developing disciplines for domestic sup12 port programs, so that production that is in ex13 cess of domestic food security needs is sold at 

14 world prices; 

15 (G) eliminating government policies that 

16 create price depressing surpluses; 

17 (H) eliminating state trading enterprises 

18 whenever possible; 

19 (I) developing, strengthening, and clari20 fying rules to eliminate practices that unfairly 

21 decrease United States market access opportu22 nities or distort agricultural markets to the det23 riment of the United States, and ensuring that 

24 such rules are subject to efficient, timely, and 

25 effective dispute settlement, including— 


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1 (i) unfair or trade distorting activities 

2 of state trading enterprises and other ad3 ministrative mechanisms, with emphasis on 

4 requiring price transparency in the oper5 ation of state trading enterprises and such 

6 other mechanisms in order to end cross 

7 subsidization, price discrimination, and 

8 price undercutting; 

9 (ii) unjustified trade restrictions or 

10 commercial requirements, such as labeling, 

11 that affect new technologies, including bio12 technology; 

13 (iii) unjustified sanitary or 

14 phytosanitary restrictions, including re15 strictions not based on scientific principles 

16 in contravention of obligations in the Uru17 guay Round Agreements or bilateral or re18 gional trade agreements; 

19 (iv) other unjustified technical bar20 riers to trade; and 

21 (v) restrictive rules in the administra22 tion of tariff rate quotas; 

23 (J) eliminating practices that adversely af24 fect trade in perishable or cyclical products, 

25 while improving import relief mechanisms to 


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1 recognize the unique characteristics of perish2 able and cyclical agriculture; 

3 (K) ensuring that import relief mecha4 nisms for perishable and cyclical agriculture are 

5 as accessible and timely to growers in the 

6 United States as those mechanisms that are 

7 used by other countries; 

8 (L) taking into account whether a party to 

9 the negotiations has failed to adhere to the pro10 visions of already existing trade agreements 

11 with the United States or has circumvented ob12 ligations under those agreements; 

13 (M) taking into account whether a product 

14 is subject to market distortions by reason of a 

15 failure of a major producing country to adhere 

16 to the provisions of already existing trade 

17 agreements with the United States or by the 

18 circumvention by that country of its obligations 

19 under those agreements; 

20 (N) otherwise ensuring that countries that 

21 accede to the World Trade Organization have 

22 made meaningful market liberalization commit23 ments in agriculture; 

24 (O) taking into account the impact that 

25 agreements covering agriculture to which the 


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1 United States is a party have on the United 

2 States agricultural industry; 

3 (P) maintaining bona fide food assistance 

4 programs, market development programs, and 

5 export credit programs; 

6 (Q) seeking to secure the broadest market 

7 access possible in multilateral, regional, and bi8 lateral negotiations, recognizing the effect that 

9 simultaneous sets of negotiations may have on 

10 United States import sensitive commodities (in11 cluding those subject to tariff rate quotas); 

12 (R) seeking to develop an international 

13 consensus on the treatment of seasonal or per14 ishable agricultural products in investigations 

15 relating to dumping and safeguards and in any 

16 other relevant area; 

17 (S) seeking to establish the common base 

18 year for calculating the Aggregated Measure19 ment of Support (as defined in the Agreement 

20 on Agriculture) as the end of each country’s 

21 Uruguay Round implementation period, as re22 ported in each country’s Uruguay Round mar23 ket access schedule; 


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1 (T) ensuring transparency in the adminis2 tration of tariff rate quotas through multilat3 eral, plurilateral, and bilateral negotiations; and 

4 (U) eliminating and preventing the under5 mining of market access for United States 

6 products through improper use of a country’s 

7 system for protecting or recognizing geo8 graphical indications, including failing to ensure 

9 transparency and procedural fairness and pro10 tecting generic terms. 

11 (4) FOREIGN INVESTMENT.—Recognizing that 

12 United States law on the whole provides a high level 

13 of protection for investment, consistent with or 

14 greater than the level required by international law, 

15 the principal negotiating objectives of the United 

16 States regarding foreign investment are to reduce or 

17 eliminate artificial or trade distorting barriers to for18 eign investment, while ensuring that foreign inves19 tors in the United States are not accorded greater 

20 substantive rights with respect to investment protec21 tions than United States investors in the United 

22 States, and to secure for investors important rights 

23 comparable to those that would be available under 

24 United States legal principles and practice, by— 


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1 (A) reducing or eliminating exceptions to 

2 the principle of national treatment; 

3 (B) freeing the transfer of funds relating 

4 to investments; 

5 (C) reducing or eliminating performance 

6 requirements, forced technology transfers, and 

7 other unreasonable barriers to the establish8 ment and operation of investments; 

9 (D) seeking to establish standards for ex10 propriation and compensation for expropriation, 

11 consistent with United States legal principles 

12 and practice; 

13 (E) seeking to establish standards for fair 

14 and equitable treatment consistent with United 

15 States legal principles and practice, including 

16 the principle of due process; 

17 (F) providing meaningful procedures for 

18 resolving investment disputes; 

19 (G) seeking to improve mechanisms used 

20 to resolve disputes between an investor and a 

21 government through— 

22 (i) mechanisms to eliminate frivolous 

23 claims and to deter the filing of frivolous 

24 claims; 


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1 (ii) procedures to ensure the efficient 

2 selection of arbitrators and the expeditious 

3 disposition of claims; 

4 (iii) procedures to enhance opportuni5 ties for public input into the formulation of 

6 government positions; and 

7 (iv) providing for an appellate body or 

8 similar mechanism to provide coherence to 

9 the interpretations of investment provisions 

10 in trade agreements; and 

11 (H) ensuring the fullest measure of trans12 parency in the dispute settlement mechanism, 

13 to the extent consistent with the need to protect 

14 information that is classified or business con15 fidential, by— 

16 (i) ensuring that all requests for dis17 pute settlement are promptly made public; 

18 (ii) ensuring that— 

19 (I) all proceedings, submissions, 

20 findings, and decisions are promptly 

21 made public; and 

22 (II) all hearings are open to the 

23 public; and 

24 (iii) establishing a mechanism for ac25 ceptance of amicus curiae submissions 


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1 from businesses, unions, and nongovern2 mental organizations. 

3 (5) INTELLECTUAL PROPERTY.—The principal 

4 negotiating objectives of the United States regarding 

5 trade related intellectual property are— 

6 (A) to further promote adequate and effec7 tive protection of intellectual property rights, 

8 including through— 

9 (i)(I) ensuring accelerated and full 

10 implementation of the Agreement on Trade 

11 Related Aspects of Intellectual Property 

12 Rights referred to in section 101(d)(15) of 

13 the Uruguay Round Agreements Act (19 

14 U.S.C. 3511(d)(15)), particularly with re15 spect to meeting enforcement obligations 

16 under that agreement; and 

17 (II) ensuring that the provisions of 

18 any trade agreement governing intellectual 

19 property rights that is entered into by the 

20 United States reflect a standard of protec21 tion similar to that found in United States 

22 law; 

23 (ii) providing strong protection for 

24 new and emerging technologies and new 

25 methods of transmitting and distributing 


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1 products embodying intellectual property, 

2 including in a manner that facilitates le3 gitimate digital trade; 

4 (iii) preventing or eliminating dis5 crimination with respect to matters affect6 ing the availability, acquisition, scope, 

7 maintenance, use, and enforcement of in8 tellectual property rights; 

9 (iv) ensuring that standards of protec10 tion and enforcement keep pace with tech11 nological developments, and in particular 

12 ensuring that rightholders have the legal 

13 and technological means to control the use 

14 of their works through the Internet and 

15 other global communication media, and to 

16 prevent the unauthorized use of their 

17 works; 

18 (v) providing strong enforcement of 

19 intellectual property rights, including 

20 through accessible, expeditious, and effec21 tive civil, administrative, and criminal en22 forcement mechanisms; and 

23 (vi) preventing or eliminating govern24 ment involvement in the violation of intelVerDate Mar 15 2010 03:04 Jan 10, 2014 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1900.IS S1900

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1 lectual property rights, including cyber 

2 theft and piracy; 

3 (B) to secure fair, equitable, and non4 discriminatory market access opportunities for 

5 United States persons that rely upon intellec6 tual property protection; and 

7 (C) to respect the Declaration on the 

8 TRIPS Agreement and Public Health, adopted 

9 by the World Trade Organization at the Fourth 

10 Ministerial Conference at Doha, Qatar on No11 vember 14, 2001, and to ensure that trade 

12 agreements foster innovation and promote ac13 cess to medicines. 

14 (6) DIGITAL TRADE IN GOODS AND SERVICES

15 AND CROSS-BORDER DATA FLOWS.—The principal 

16 negotiating objectives of the United States with re17 spect to digital trade in goods and services, as well 

18 as cross-border data flows, are— 

19 (A) to ensure that current obligations, 

20 rules, disciplines, and commitments under the 

21 World Trade Organization and bilateral and re22 gional trade agreements apply to digital trade 

23 in goods and services and to cross-border data 

24 flows; 

25 (B) to ensure that— 


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1 (i) electronically delivered goods and 

2 services receive no less favorable treatment 

3 under trade rules and commitments than 

4 like products delivered in physical form; 

5 and 

6 (ii) the classification of such goods 

7 and services ensures the most liberal trade 

8 treatment possible, fully encompassing 

9 both existing and new trade; 

10 (C) to ensure that governments refrain 

11 from implementing trade related measures that 

12 impede digital trade in goods and services, re13 strict cross-border data flows, or require local 

14 storage or processing of data; 

15 (D) with respect to subparagraphs (A) 

16 through (C), where legitimate policy objectives 

17 require domestic regulations that affect digital 

18 trade in goods and services or cross-border data 

19 flows, to obtain commitments that any such 

20 regulations are the least restrictive on trade, 

21 nondiscriminatory, and transparent, and pro22 mote an open market environment; and 

23 (E) to extend the moratorium of the World 

24 Trade Organization on duties on electronic 

25 transmissions. 


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1 (7) REGULATORY PRACTICES.—The principal 

2 negotiating objectives of the United States regarding 

3 the use of government regulation or other practices 

4 to reduce market access for United States goods, 

5 services, and investments are— 

6 (A) to achieve increased transparency and 

7 opportunity for the participation of affected 

8 parties in the development of regulations; 

9 (B) to require that proposed regulations be 

10 based on sound science, cost benefit analysis, 

11 risk assessment, or other objective evidence; 

12 (C) to establish consultative mechanisms 

13 and seek other commitments, as appropriate, to 

14 improve regulatory practices and promote in15 creased regulatory coherence, including 

16 through— 

17 (i) transparency in developing guide18 lines, rules, regulations, and laws for gov19 ernment procurement and other regulatory 

20 regimes; 

21 (ii) the elimination of redundancies in 

22 testing and certification; 

23 (iii) early consultations on significant 

24 regulations; 

25 (iv) the use of impact assessments; 


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1 (v) the periodic review of existing reg2 ulatory measures; and 

3 (vi) the application of good regulatory 

4 practices; 

5 (D) to seek greater openness, trans6 parency, and convergence of standards-develop7 ment processes, and enhance cooperation on 

8 standards issues globally; 

9 (E) to promote regulatory compatibility 

10 through harmonization, equivalence, or mutual 

11 recognition of different regulations and stand12 ards and to encourage the use of international 

13 and interoperable standards, as appropriate; 

14 (F) to achieve the elimination of govern15 ment measures such as price controls and ref16 erence pricing which deny full market access for 

17 United States products; 

18 (G) to ensure that government regulatory 

19 reimbursement regimes are transparent, provide 

20 procedural fairness, are non-discriminatory, and 

21 provide full market access for United States 

22 products; and 

23 (H) to ensure that foreign governments— 

24 (i) demonstrate that the collection of 

25 undisclosed proprietary information is limVerDate Mar 15 2010 03:04 Jan 10, 2014 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1900.IS S1900

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1 ited to that necessary to satisfy a legiti2 mate and justifiable regulatory interest; 

3 and 

4 (ii) protect such information against 

5 disclosure, except in exceptional cir6 cumstances to protect the public, or where 

7 such information is effectively protected 

8 against unfair competition. 

9 (8) STATE-OWNED AND STATE-CONTROLLED

10 ENTERPRISES.—The principal negotiating objective 

11 of the United States regarding competition by state12 owned and state-controlled enterprises is to seek 

13 commitments that— 

14 (A) eliminate or prevent trade distortions 

15 and unfair competition favoring state-owned 

16 and state-controlled enterprises to the extent of 

17 their engagement in commercial activity, and 

18 (B) ensure that such engagement is based 

19 solely on commercial considerations, 

20 in particular through disciplines that eliminate or 

21 prevent discrimination and market-distorting sub22 sidies and that promote transparency. 

23 (9) LOCALIZATION BARRIERS TO TRADE.—The 

24 principal negotiating objective of the United States 

25 with respect to localization barriers is to eliminate 


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1 and prevent measures that require United States 

2 producers and service providers to locate facilities, 

3 intellectual property, or other assets in a country as 

4 a market access or investment condition, including 

5 indigenous innovation measures. 

6 (10) LABOR AND THE ENVIRONMENT.—The 

7 principal negotiating objectives of the United States 

8 with respect to labor and the environment are— 

9 (A) to ensure that a party to a trade 

10 agreement with the United States— 

11 (i) adopts and maintains measures 

12 implementing internationally recognized 

13 core labor standards (as defined in section 

14 11(17)) and its obligations under common 

15 multilateral environmental agreements (as 

16 defined in section 11(6)), 

17 (ii) does not waive or otherwise dero18 gate from, or offer to waive or otherwise 

19 derogate from— 

20 (I) its statutes or regulations im21 plementing internationally recognized 

22 core labor standards (as defined in 

23 section 11(17)), in a manner affecting 

24 trade or investment between the 

25 United States and that party, where 


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1 the waiver or derogation would be in2 consistent with one or more such 

3 standards, or 

4 (II) its environmental laws in a 

5 manner that weakens or reduces the 

6 protections afforded in those laws and 

7 in a manner affecting trade or invest8 ment between the United States and 

9 that party, except as provided in its 

10 law and provided not inconsistent with 

11 its obligations under common multi12 lateral environmental agreements (as 

13 defined in section 11(6)) or other pro14 visions of the trade agreement specifi15 cally agreed upon, and 

16 (iii) does not fail to effectively enforce 

17 its environmental or labor laws, through a 

18 sustained or recurring course of action or 

19 inaction, 

20 in a manner affecting trade or investment be21 tween the United States and that party after 

22 entry into force of a trade agreement between 

23 those countries; 

24 (B) to recognize that— 


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1 (i) with respect to environment, par2 ties to a trade agreement retain the right 

3 to exercise prosecutorial discretion and to 

4 make decisions regarding the allocation of 

5 enforcement resources with respect to 

6 other environmental laws determined to 

7 have higher priorities, and a party is effec8 tively enforcing its laws if a course of ac9 tion or inaction reflects a reasonable, bona 

10 fide exercise of such discretion, or results 

11 from a reasonable, bona fide decision re12 garding the allocation of resources; and 

13 (ii) with respect to labor, decisions re14 garding the distribution of enforcement re15 sources are not a reason for not complying 

16 with a party’s labor obligations; a party to 

17 a trade agreement retains the right to rea18 sonable exercise of discretion and to make 

19 bona fide decisions regarding the allocation 

20 of resources between labor enforcement ac21 tivities among core labor standards, pro22 vided the exercise of such discretion and 

23 such decisions are not inconsistent with its 

24 obligations; 


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1 (C) to strengthen the capacity of United 

2 States trading partners to promote respect for 

3 core labor standards (as defined in section 

4 11(17)); 

5 (D) to strengthen the capacity of United 

6 States trading partners to protect the environ7 ment through the promotion of sustainable de8 velopment; 

9 (E) to reduce or eliminate government 

10 practices or policies that unduly threaten sus11 tainable development; 

12 (F) to seek market access, through the 

13 elimination of tariffs and nontariff barriers, for 

14 United States environmental technologies, 

15 goods, and services; 

16 (G) to ensure that labor, environmental, 

17 health, or safety policies and practices of the 

18 parties to trade agreements with the United 

19 States do not arbitrarily or unjustifiably dis20 criminate against United States exports or 

21 serve as disguised barriers to trade; 

22 (H) to ensure that enforceable labor and 

23 environment obligations are subject to the same 

24 dispute settlement and remedies as other en25 forceable obligations under the agreement; and 


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

2 construed to empower a party’s authorities to 

3 undertake labor or environmental law enforce4 ment activities in the territory of the United 

5 States. 

6 (11) CURRENCY.—The principal negotiating ob7 jective of the United States with respect to currency 

8 practices is that parties to a trade agreement with 

9 the United States avoid manipulating exchange rates 

10 in order to prevent effective balance of payments ad11 justment or to gain an unfair competitive advantage 

12 over other parties to the agreement, such as through 

13 cooperative mechanisms, enforceable rules, reporting, 

14 monitoring, transparency, or other means, as appro15 priate. 

16 (12) WTO AND MULTILATERAL TRADE AGREE17 MENTS.—Recognizing that the World Trade Organi18 zation is the foundation of the global trading system, 

19 the principal negotiating objectives of the United 

20 States regarding the World Trade Organization, the 

21 Uruguay Round Agreements, and other multilateral 

22 and plurilateral trade agreements are— 

23 (A) to achieve full implementation and ex24 tend the coverage of the World Trade Organiza25 tion and multilateral and plurilateral agreeVerDate Mar 15 2010 03:04 Jan 10, 2014 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1900.IS S1900

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1 ments to products, sectors, and conditions of 

2 trade not adequately covered; 

3 (B) to expand country participation in and 

4 enhancement of the Information Technology 

5 Agreement, the Government Procurement 

6 Agreement, and other plurilateral trade agree7 ments of the World Trade Organization; 

8 (C) to expand competitive market opportu9 nities for United States exports and to obtain 

10 fairer and more open conditions of trade, in11 cluding through utilization of global value 

12 chains, through the negotiation of new WTO 

13 multilateral and plurilateral trade agreements, 

14 such as an agreement on trade facilitation; 

15 (D) to ensure that regional trade agree16 ments to which the United States is not a party 

17 fully achieve the high standards of, and comply 

18 with, WTO disciplines including Article XXIV 

19 of GATT 1994, Article V and V bis of the Gen20 eral Agreement on Trade in Services, and the 

21 Enabling Clause, including through meaningful 

22 WTO review of such regional trade agreements; 

23 (E) to enhance compliance by WTO mem24 bers with their obligations as WTO members 

25 through active participation in the bodies of the 


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1 World Trade Organization by the United States 

2 and all other WTO members, including in the 

3 trade policy review mechanism and the com4 mittee system of the World Trade Organization, 

5 and by working to increase the effectiveness of 

6 such bodies; and 

7 (F) to encourage greater cooperation be8 tween the World Trade Organization and other 

9 international organizations. 

10 (13) TRADE INSTITUTION TRANSPARENCY.— 

11 The principal negotiating objective of the United 

12 States with respect to transparency is to obtain 

13 wider and broader application of the principle of 

14 transparency in the World Trade Organization, enti15 ties established under bilateral and regional trade 

16 agreements, and other international trade fora 

17 through seeking— 

18 (A) timely public access to information re19 garding trade issues and the activities of such 

20 institutions; 

21 (B) openness by ensuring public access to 

22 appropriate meetings, proceedings, and submis23 sions, including with regard to trade and invest24 ment dispute settlement; and 


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1 (C) public access to all notifications and 

2 supporting documentation submitted by WTO 

3 members. 

4 (14) ANTI-CORRUPTION.—The principal negoti5 ating objectives of the United States with respect to 

6 the use of money or other things of value to influ7 ence acts, decisions, or omissions of foreign govern8 ments or officials or to secure any improper advan9 tage in a manner affecting trade are— 

10 (A) to obtain high standards and effective 

11 domestic enforcement mechanisms applicable to 

12 persons from all countries participating in the 

13 applicable trade agreement that prohibit such 

14 attempts to influence acts, decisions, or omis15 sions of foreign governments; 

16 (B) to ensure that such standards level the 

17 playing field for United States persons in inter18 national trade and investment; and 

19 (C) to seek commitments to work jointly to 

20 encourage and support anti-corruption and 

21 anti-bribery initiatives in international trade 

22 fora, including through the Convention on Com23 bating Bribery of Foreign Public Officials in 

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1 velopment, done at Paris December 17, 1997 

2 (commonly known as the ‘‘OECD Anti-Bribery 

3 Convention’’). 

4 (15) DISPUTE SETTLEMENT AND ENFORCE5 MENT.—The principal negotiating objectives of the 

6 United States with respect to dispute settlement and 

7 enforcement of trade agreements are— 

8 (A) to seek provisions in trade agreements 

9 providing for resolution of disputes between 

10 governments under those trade agreements in 

11 an effective, timely, transparent, equitable, and 

12 reasoned manner, requiring determinations 

13 based on facts and the principles of the agree14 ments, with the goal of increasing compliance 

15 with the agreements; 

16 (B) to seek to strengthen the capacity of 

17 the Trade Policy Review Mechanism of the 

18 World Trade Organization to review compliance 

19 with commitments; 

20 (C) to seek adherence by panels convened 

21 under the Dispute Settlement Understanding 

22 and by the Appellate Body to— 

23 (i) the mandate of those panels and 

24 the Appellate Body to apply the WTO 

25 Agreement as written, without adding to or 


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1 diminishing rights and obligations under 

2 the Agreement; and 

3 (ii) the standard of review applicable 

4 under the Uruguay Round Agreement in5 volved in the dispute, including greater 

6 deference, where appropriate, to the fact 

7 finding and technical expertise of national 

8 investigating authorities; 

9 (D) to seek provisions encouraging the 

10 early identification and settlement of disputes 

11 through consultation; 

12 (E) to seek provisions to encourage the 

13 provision of trade expanding compensation if a 

14 party to a dispute under the agreement does 

15 not come into compliance with its obligations 

16 under the agreement; 

17 (F) to seek provisions to impose a penalty 

18 upon a party to a dispute under the agreement 

19 that— 

20 (i) encourages compliance with the ob21 ligations of the agreement; 

22 (ii) is appropriate to the parties, na23 ture, subject matter, and scope of the vio24 lation; and 


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1 (iii) has the aim of not adversely af2 fecting parties or interests not party to the 

3 dispute while maintaining the effectiveness 

4 of the enforcement mechanism; and 

5 (G) to seek provisions that treat United 

6 States principal negotiating objectives equally 

7 with respect to— 

8 (i) the ability to resort to dispute set9 tlement under the applicable agreement; 

10 (ii) the availability of equivalent dis11 pute settlement procedures; and 

12 (iii) the availability of equivalent rem13 edies. 

14 (16) TRADE REMEDY LAWS.—The principal ne15 gotiating objectives of the United States with respect 

16 to trade remedy laws are— 

17 (A) to preserve the ability of the United 

18 States to enforce rigorously its trade laws, in19 cluding the antidumping, countervailing duty, 

20 and safeguard laws, and avoid agreements that 

21 lessen the effectiveness of domestic and inter22 national disciplines on unfair trade, especially 

23 dumping and subsidies, or that lessen the effec24 tiveness of domestic and international safeguard 

25 provisions, in order to ensure that United 


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1 States workers, agricultural producers, and 

2 firms can compete fully on fair terms and enjoy 

3 the benefits of reciprocal trade concessions; and 

4 (B) to address and remedy market distor5 tions that lead to dumping and subsidization, 

6 including overcapacity, cartelization, and mar7 ket access barriers. 

8 (17) BORDER TAXES.—The principal negoti9 ating objective of the United States regarding border 

10 taxes is to obtain a revision of the rules of the World 

11 Trade Organization with respect to the treatment of 

12 border adjustments for internal taxes to redress the 

13 disadvantage to countries relying primarily on direct 

14 taxes for revenue rather than indirect taxes. 

15 (18) TEXTILE NEGOTIATIONS.—The principal 

16 negotiating objectives of the United States with re17 spect to trade in textiles and apparel articles are to 

18 obtain competitive opportunities for United States 

19 exports of textiles and apparel in foreign markets 

20 substantially equivalent to the competitive opportu21 nities afforded foreign exports in United States mar22 kets and to achieve fairer and more open conditions 

23 of trade in textiles and apparel. 


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1 (c) CAPACITY BUILDING AND OTHER PRIORITIES.— 

2 In order to address and maintain United States competi3 tiveness in the global economy, the President shall— 

4 (1) direct the heads of relevant Federal agen5 cies— 

6 (A) to work to strengthen the capacity of 

7 United States trading partners to carry out ob8 ligations under trade agreements by consulting 

9 with any country seeking a trade agreement 

10 with the United States concerning that coun11 try’s laws relating to customs and trade facilita12 tion, sanitary and phytosanitary measures, 

13 technical barriers to trade, intellectual property 

14 rights, labor, and the environment; and 

15 (B) to provide technical assistance to that 

16 country if needed; 

17 (2) seek to establish consultative mechanisms 

18 among parties to trade agreements to strengthen the 

19 capacity of United States trading partners to de20 velop and implement standards for the protection of 

21 the environment and human health based on sound 

22 science; and 

23 (3) promote consideration of multilateral envi24 ronmental agreements and consult with parties to 

25 such agreements regarding the consistency of any 


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1 such agreement that includes trade measures with 

2 existing environmental exceptions under Article XX 

3 of GATT 1994. 

4 SEC. 3. TRADE AGREEMENTS AUTHORITY. 

5 (a) AGREEMENTS REGARDING TARIFF BARRIERS.— 

6 (1) IN GENERAL.—Whenever the President de7 termines that one or more existing duties or other 

8 import restrictions of any foreign country or the 

9 United States are unduly burdening and restricting 

10 the foreign trade of the United States and that the 

11 purposes, policies, priorities, and objectives of this 

12 Act will be promoted thereby, the President— 

13 (A) may enter into trade agreements with 

14 foreign countries before— 

15 (i) July 1, 2018; or 

16 (ii) July 1, 2021, if trade authorities 

17 procedures are extended under subsection 

18 (c); and 

19 (B) may, subject to paragraphs (2) and 

20 (3), proclaim— 

21 (i) such modification or continuance 

22 of any existing duty, 

23 (ii) such continuance of existing duty 

24 free or excise treatment, or 

25 (iii) such additional duties, 


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1 as the President determines to be required or 

2 appropriate to carry out any such trade agree3 ment. 

4 Substantial modifications to, or substantial addi5 tional provisions of, a trade agreement entered into 

6 after July 1, 2018, or July 1, 2021, if trade authori7 ties procedures are extended under subsection (c), 

8 shall not be eligible for approval under this Act. 

9 (2) NOTIFICATION.—The President shall notify 

10 Congress of the President’s intention to enter into 

11 an agreement under this subsection. 

12 (3) LIMITATIONS.—No proclamation may be 

13 made under paragraph (1) that— 

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

15 rate of duty that does not exceed 5 percent ad 

16 valorem on the date of the enactment of this 

17 Act) to a rate of duty which is less than 50 per18 cent of the rate of such duty that applies on 

19 such date of enactment; 

20 (B) reduces the rate of duty below that ap21 plicable under the Uruguay Round Agreements 

22 or a successor agreement, on any import sen23 sitive agricultural product; or 


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1 (C) increases any rate of duty above the 

2 rate that applied on the date of the enactment 

3 of this Act. 

4 (4) AGGREGATE REDUCTION; EXEMPTION FROM

5 STAGING.— 

6 (A) AGGREGATE REDUCTION.—Except as 

7 provided in subparagraph (B), the aggregate re8 duction in the rate of duty on any article which 

9 is in effect on any day pursuant to a trade 

10 agreement entered into under paragraph (1) 

11 shall not exceed the aggregate reduction which 

12 would have been in effect on such day if— 

13 (i) a reduction of 3 percent ad valorem or a reduction of 1 14 ⁄10 of the total re15 duction, whichever is greater, had taken ef16 fect on the effective date of the first reduc17 tion proclaimed under paragraph (1) to 

18 carry out such agreement with respect to 

19 such article; and 

20 (ii) a reduction equal to the amount 

21 applicable under clause (i) had taken effect 

22 at 1-year intervals after the effective date 

23 of such first reduction. 

24 (B) EXEMPTION FROM STAGING.—No 

25 staging is required under subparagraph (A) 


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1 with respect to a duty reduction that is pro2 claimed under paragraph (1) for an article of a 

3 kind that is not produced in the United States. 

4 The United States International Trade Com5 mission shall advise the President of the iden6 tity of articles that may be exempted from stag7 ing under this subparagraph. 

8 (5) ROUNDING.—If the President determines 

9 that such action will simplify the computation of re10 ductions under paragraph (4), the President may 

11 round an annual reduction by an amount equal to 

12 the lesser of— 

13 (A) the difference between the reduction 

14 without regard to this paragraph and the next 

15 lower whole number; or 

(B) 1 16 ⁄2 of 1 percent ad valorem. 

17 (6) OTHER LIMITATIONS.—A rate of duty re18 duction that may not be proclaimed by reason of 

19 paragraph (3) may take effect only if a provision au20 thorizing such reduction is included within an imple21 menting bill provided for under section 6 and that 

22 bill is enacted into law. 

23 (7) OTHER TARIFF MODIFICATIONS.—Notwith24 standing paragraphs (1)(B), (3)(A), (3)(C), and (4) 

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1 over requirements of section 115 of the Uruguay 

2 Round Agreements Act (19 U.S.C. 3524), the Presi3 dent may proclaim the modification of any duty or 

4 staged rate reduction of any duty set forth in Sched5 ule XX, as defined in section 2(5) of that Act (19 

6 U.S.C. 3501(5)), if the United States agrees to such 

7 modification or staged rate reduction in a negotia8 tion for the reciprocal elimination or harmonization 

9 of duties under the auspices of the World Trade Or10 ganization. 

11 (8) AUTHORITY UNDER URUGUAY ROUND

12 AGREEMENTS ACT NOT AFFECTED.—Nothing in this 

13 subsection shall limit the authority provided to the 

14 President under section 111(b) of the Uruguay 

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

16 (b) AGREEMENTS REGARDING TARIFF AND NON17 TARIFF BARRIERS.— 

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

19 determines that— 

20 (i) 1 or more existing duties or any other 

21 import restriction of any foreign country or the 

22 United States or any other barrier to, or other 

23 distortion of, international trade unduly bur24 dens or restricts the foreign trade of the United 


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1 States or adversely affects the United States 

2 economy, or 

3 (ii) the imposition of any such barrier or 

4 distortion is likely to result in such a burden, 

5 restriction, or effect, 

6 and that the purposes, policies, priorities, and objec7 tives of this Act will be promoted thereby, the Presi8 dent may enter into a trade agreement described in 

9 subparagraph (B) during the period described in 

10 subparagraph (C). 

11 (B) The President may enter into a trade 

12 agreement under subparagraph (A) with foreign 

13 countries providing for— 

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

15 restriction, barrier, or other distortion described 

16 in subparagraph (A); or 

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

18 imposition of, such barrier or other distortion. 

19 (C) The President may enter into a trade 

20 agreement under this paragraph before— 

21 (i) July 1, 2018; or 

22 (ii) July 1, 2021, if trade authorities pro23 cedures are extended under subsection (c). 

24 Substantial modifications to, or substantial additional pro25 visions of, a trade agreement entered into after July 1, 


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1 2018, or July 1, 2021, if trade authorities procedures are 

2 extended under subsection (c), shall not be eligible for ap3 proval under this Act. 

4 (2) CONDITIONS.—A trade agreement may be 

5 entered into under this subsection only if such 

6 agreement makes progress in meeting the applicable 

7 objectives described in subsections (a) and (b) of 

8 section 2 and the President satisfies the conditions 

9 set forth in sections 4 and 5. 

10 (3) BILLS QUALIFYING FOR TRADE AUTHORI11 TIES PROCEDURES.—(A) The provisions of section 

12 151 of the Trade Act of 1974 (in this Act referred 

13 to as ‘‘trade authorities procedures’’) apply to a bill 

14 of either House of Congress which contains provi15 sions described in subparagraph (B) to the same ex16 tent as such section 151 applies to implementing 

17 bills under that section. A bill to which this para18 graph applies shall hereafter in this Act be referred 

19 to as an ‘‘implementing bill’’. 

20 (B) The provisions referred to in subparagraph 

21 (A) are— 

22 (i) a provision approving a trade agree23 ment entered into under this subsection and ap24 proving the statement of administrative action, 


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1 if any, proposed to implement such trade agree2 ment; and 

3 (ii) if changes in existing laws or new stat4 utory authority are required to implement such 

5 trade agreement or agreements, only such pro6 visions as are strictly necessary or appropriate 

7 to implement such trade agreement or agree8 ments, either repealing or amending existing 

9 laws or providing new statutory authority. 

10 (c) EXTENSION DISAPPROVAL PROCESS FOR CON11 GRESSIONAL TRADE AUTHORITIES PROCEDURES.— 

12 (1) IN GENERAL.—Except as provided in sec13 tion 6(b)— 

14 (A) the trade authorities procedures apply 

15 to implementing bills submitted with respect to 

16 trade agreements entered into under subsection 

17 (b) before July 1, 2018; and 

18 (B) the trade authorities procedures shall 

19 be extended to implementing bills submitted 

20 with respect to trade agreements entered into 

21 under subsection (b) after June 30, 2018, and 

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

23 (i) the President requests such exten24 sion under paragraph (2); and 


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1 (ii) neither House of Congress adopts 

2 an extension disapproval resolution under 

3 paragraph (5) before July 1, 2018. 

4 (2) REPORT TO CONGRESS BY THE PRESI5 DENT.—If the President is of the opinion that the 

6 trade authorities procedures should be extended to 

7 implementing bills described in paragraph (1)(B), 

8 the President shall submit to Congress, not later 

9 than April 1, 2018, a written report that contains a 

10 request for such extension, together with— 

11 (A) a description of all trade agreements 

12 that have been negotiated under subsection (b) 

13 and the anticipated schedule for submitting 

14 such agreements to Congress for approval; 

15 (B) a description of the progress that has 

16 been made in negotiations to achieve the pur17 poses, policies, priorities, and objectives of this 

18 Act, and a statement that such progress justi19 fies the continuation of negotiations; and 

20 (C) a statement of the reasons why the ex21 tension is needed to complete the negotiations. 

22 (3) OTHER REPORTS TO CONGRESS.— 

23 (A) REPORT BY THE ADVISORY COM24 MITTEE.—The President shall promptly inform 

25 the Advisory Committee for Trade Policy and 


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1 Negotiations established under section 135 of 

2 the Trade Act of 1974 (19 U.S.C. 2155) of the 

3 decision of the President to submit a report to 

4 Congress under paragraph (2). The Advisory 

5 Committee shall submit to Congress as soon as 

6 practicable, but not later than June 1, 2018, a 

7 written report that contains— 

8 (i) its views regarding the progress 

9 that has been made in negotiations to 

10 achieve the purposes, policies, priorities, 

11 and objectives of this Act; and 

12 (ii) a statement of its views, and the 

13 reasons therefor, regarding whether the ex14 tension requested under paragraph (2) 

15 should be approved or disapproved. 

16 (B) REPORT BY INTERNATIONAL TRADE

17 COMMISSION.—The President shall promptly in18 form the United States International Trade 

19 Commission of the decision of the President to 

20 submit a report to Congress under paragraph 

21 (2). The International Trade Commission shall 

22 submit to Congress as soon as practicable, but 

23 not later than June 1, 2018, a written report 

24 that contains a review and analysis of the eco25 nomic impact on the United States of all trade 


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1 agreements implemented between the date of 

2 the enactment of this Act and the date on 

3 which the President decides to seek an exten4 sion requested under paragraph (2). 

5 (4) STATUS OF REPORTS.—The reports sub6 mitted to Congress under paragraphs (2) and (3), or 

7 any portion of such reports, may be classified to the 

8 extent the President determines appropriate. 

9 (5) EXTENSION DISAPPROVAL RESOLUTIONS.— 

10 (A) For purposes of paragraph (1), the term ‘‘exten11 sion disapproval resolution’’ means a resolution of 

12 either House of Congress, the sole matter after the 

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

14 llll disapproves the request of the President 

15 for the extension, under section 3(c)(1)(B)(i) of the 

16 Bipartisan Congressional Trade Priorities Act of 

17 2014, of the trade authorities procedures under that 

18 Act to any implementing bill submitted with respect 

19 to any trade agreement entered into under section 

20 3(b) of that Act after June 30, 2018.’’, with the 

21 blank space being filled with the name of the resolv22 ing House of Congress. 

23 (B) Extension disapproval resolutions— 

24 (i) may be introduced in either House of 

25 Congress by any member of such House; and 


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1 (ii) shall be referred, in the House of Rep2 resentatives, to the Committee on Ways and 

3 Means and, in addition, to the Committee on 

4 Rules. 

5 (C) The provisions of subsections (d) and (e) of 

6 section 152 of the Trade Act of 1974 (19 U.S.C. 

7 2192) (relating to the floor consideration of certain 

8 resolutions in the House and Senate) apply to exten9 sion disapproval resolutions. 

10 (D) It is not in order for— 

11 (i) the House of Representatives to con12 sider any extension disapproval resolution not 

13 reported by the Committee on Ways and Means 

14 and, in addition, by the Committee on Rules; 

15 (ii) the Senate to consider any extension 

16 disapproval resolution not reported by the Com17 mittee on Finance; or 

18 (iii) either House of Congress to consider 

19 an extension disapproval resolution after June 

20 30, 2018. 

21 (d) COMMENCEMENT OF NEGOTIATIONS.—In order 

22 to contribute to the continued economic expansion of the 

23 United States, the President shall commence negotiations 

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1 toral agreements to countries that are not parties to those 

2 agreements, in cases where the President determines that 

3 such negotiations are feasible and timely and would ben4 efit the United States. Such sectors include agriculture, 

5 commercial services, intellectual property rights, industrial 

6 and capital goods, government procurement, information 

7 technology products, environmental technology and serv8 ices, medical equipment and services, civil aircraft, and in9 frastructure products. In so doing, the President shall 

10 take into account all of the principal negotiating objectives 

11 set forth in section 2(b). 

12 SEC. 4. CONGRESSIONAL OVERSIGHT, CONSULTATIONS, 

13 AND ACCESS TO INFORMATION. 

14 (a) CONSULTATIONS WITH MEMBERS OF CON15 GRESS.— 

16 (1) CONSULTATIONS DURING NEGOTIATIONS.— 

17 In the course of negotiations conducted under this 

18 Act, the United States Trade Representative shall— 

19 (A) meet upon request with any Member of 

20 Congress regarding negotiating objectives, the 

21 status of negotiations in progress, and the na22 ture of any changes in the laws of the United 

23 States or the administration of those laws that 

24 may be recommended to Congress to carry out 

25 any trade agreement or any requirement of, 


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1 amendment to, or recommendation under, that 

2 agreement; 

3 (B) upon request of any Member of Con4 gress, provide access to pertinent documents re5 lating to the negotiations, including classified 

6 materials; 

7 (C) consult closely and on a timely basis 

8 with, and keep fully apprised of the negotia9 tions, the Committee on Ways and Means of 

10 the House of Representatives and the Com11 mittee on Finance of the Senate; 

12 (D) consult closely and on a timely basis 

13 with, and keep fully apprised of the negotia14 tions, the House Advisory Group on Negotia15 tions and the Senate Advisory Group on Nego16 tiations convened under subsection (c) and all 

17 committees of the House of Representatives and 

18 the Senate with jurisdiction over laws that 

19 could be affected by a trade agreement result20 ing from the negotiations; and 

21 (E) with regard to any negotiations and 

22 agreement relating to agricultural trade, also 

23 consult closely and on a timely basis (including 

24 immediately before initialing an agreement) 

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1 tions, the Committee on Agriculture of the 

2 House of Representatives and the Committee 

3 on Agriculture, Nutrition, and Forestry of the 

4 Senate. 

5 (2) CONSULTATIONS PRIOR TO ENTRY INTO

6 FORCE.—Prior to exchanging notes providing for the 

7 entry into force of a trade agreement, the United 

8 States Trade Representative shall consult closely 

9 and on a timely basis with Members of Congress and 

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

11 them fully apprised of the measures a trading part12 ner has taken to comply with those provisions of the 

13 agreement that are to take effect on the date that 

14 the agreement enters into force. 

15 (3) ENHANCED COORDINATION WITH CON16 GRESS.— 

17 (A) WRITTEN GUIDELINES.—The United 

18 States Trade Representative, in consultation 

19 with the chairmen and the ranking members of 

20 the Committee on Ways and Means of the 

21 House of Representatives and the Committee 

22 on Finance of the Senate, respectively— 

23 (i) shall, not later than 120 days after 

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1 ordination with Congress, including coordi2 nation with designated congressional advis3 ers under subsection (b), regarding nego4 tiations conducted under this Act; and 

5 (ii) may make such revisions to the 

6 guidelines as may be necessary from time 

7 to time. 

8 (B) CONTENT OF GUIDELINES.—The 

9 guidelines developed under subparagraph (A) 

10 shall enhance coordination with Congress 

11 through procedures to ensure— 

12 (i) timely briefings upon request of 

13 any Member of Congress regarding negoti14 ating objectives, the status of negotiations 

15 in progress conducted under this Act, and 

16 the nature of any changes in the laws of 

17 the United States or the administration of 

18 those laws that may be recommended to 

19 Congress to carry out any trade agreement 

20 or any requirement of, amendment to, or 

21 recommendation under, that agreement; 

22 and 

23 (ii) the sharing of detailed and timely 

24 information to Members of Congress re25 garding those negotiations and pertinent 


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1 documents related to those negotiations 

2 (including classified information), and to 

3 committee staff with proper security clear4 ances as would be appropriate in the light 

5 of the responsibilities of that committee 

6 over the trade agreements programs af7 fected by those negotiations. 

8 (C) DISSEMINATION.—The United States 

9 Trade Representative shall disseminate the 

10 guidelines developed under subparagraph (A) to 

11 all Federal agencies that could have jurisdiction 

12 over laws affected by trade negotiations. 

13 (b) DESIGNATED CONGRESSIONAL ADVISERS.— 

14 (1) DESIGNATION.— 

15 (A) HOUSE OF REPRESENTATIVES.—In 

16 each Congress, any Member of the House of 

17 Representatives may be designated as a con18 gressional adviser on trade policy and negotia19 tions by the Speaker of the House of Rep20 resentatives, after consulting with the chairman 

21 and ranking member of the Committee on Ways 

22 and Means and the chairman and ranking 

23 member of the committee from which the Mem24 ber will be selected. 


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1 (B) SENATE.—In each Congress, any 

2 Member of the Senate may be designated as a 

3 congressional adviser on trade policy and nego4 tiations by the President pro tempore of the 

5 Senate, after consultation with the chairman 

6 and ranking member of the Committee on Fi7 nance and the chairman and ranking member 

8 of the committee from which the Member will 

9 be selected. 

10 (2) CONSULTATIONS WITH DESIGNATED CON11 GRESSIONAL ADVISERS.—In the course of negotia12 tions conducted under this Act, the United States 

13 Trade Representative shall consult closely and on a 

14 timely basis (including immediately before initialing 

15 an agreement) with, and keep fully apprised of the 

16 negotiations, the congressional advisers for trade 

17 policy and negotiations designated under paragraph 

18 (1). 

19 (3) ACCREDITATION.—Each Member of Con20 gress designated as a congressional adviser under 

21 paragraph (1) shall be accredited by the United 

22 States Trade Representative on behalf of the Presi23 dent as an official adviser to the United States dele24 gations to international conferences, meetings, and 

25 negotiating sessions relating to trade agreements. 


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1 (c) CONGRESSIONAL ADVISORY GROUPS ON NEGO2 TIATIONS.— 

3 (1) IN GENERAL.—By not later than 60 days 

4 after the date of the enactment of this Act, and not 

5 later than 30 days after the convening of each Con6 gress, the chairman of the Committee on Ways and 

7 Means of the House of Representatives shall convene 

8 the House Advisory Group on Negotiations and the 

9 chairman of the Committee on Finance of the Sen10 ate shall convene the Senate Advisory Group on Ne11 gotiations (in this subsection referred to collectively 

12 as the ‘‘congressional advisory groups’’). 

13 (2) MEMBERS AND FUNCTIONS.— 

14 (A) MEMBERSHIP OF THE HOUSE ADVI15 SORY GROUP ON NEGOTIATIONS.—In each Con16 gress, the House Advisory Group on Negotia17 tions shall be comprised of the following Mem18 bers of the House of Representatives: 

19 (i) The chairman and ranking mem20 ber of the Committee on Ways and Means, 

21 and 3 additional members of such Com22 mittee (not more than 2 of whom are 

23 members of the same political party). 

24 (ii) The chairman and ranking mem25 ber, or their designees, of the committees 


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1 of the House of Representatives that would 

2 have, under the Rules of the House of 

3 Representatives, jurisdiction over provi4 sions of law affected by a trade agreement 

5 negotiation conducted at any time during 

6 that Congress and to which this Act would 

7 apply. 

8 (B) MEMBERSHIP OF THE SENATE ADVI9 SORY GROUP ON NEGOTIATIONS.—In each Con10 gress, the Senate Advisory Group on Negotia11 tions shall be comprised of the following Mem12 bers of the Senate: 

13 (i) The chairman and ranking mem14 ber of the Committee on Finance and 3 

15 additional members of such Committee 

16 (not more than 2 of whom are members of 

17 the same political party). 

18 (ii) The chairman and ranking mem19 ber, or their designees, of the committees 

20 of the Senate that would have, under the 

21 Rules of the Senate, jurisdiction over pro22 visions of law affected by a trade agree23 ment negotiation conducted at any time 

24 during that Congress and to which this Act 

25 would apply. 


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1 (C) ACCREDITATION.—Each member of 

2 the congressional advisory groups described in 

3 subparagraphs (A)(i) and (B)(i) shall be ac4 credited by the United States Trade Represent5 ative on behalf of the President as an official 

6 adviser to the United States delegation in nego7 tiations for any trade agreement to which this 

8 Act applies. Each member of the congressional 

9 advisory groups described in subparagraphs 

10 (A)(ii) and (B)(ii) shall be accredited by the 

11 United States Trade Representative on behalf 

12 of the President as an official adviser to the 

13 United States delegation in the negotiations by 

14 reason of which the member is in one of the 

15 congressional advisory groups. 

16 (D) CONSULTATION AND ADVICE.—The 

17 congressional advisory groups shall consult with 

18 and provide advice to the Trade Representative 

19 regarding the formulation of specific objectives, 

20 negotiating strategies and positions, the devel21 opment of the applicable trade agreement, and 

22 compliance and enforcement of the negotiated 

23 commitments under the trade agreement. 

24 (E) CHAIR.—The House Advisory Group 

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1 man of the Committee on Ways and Means of 

2 the House of Representatives and the Senate 

3 Advisory Group on Negotiations shall be 

4 chaired by the Chairman of the Committee on 

5 Finance of the Senate. 

6 (F) COORDINATION WITH OTHER COMMIT7 TEES.—Members of any committee represented 

8 on one of the congressional advisory groups 

9 may submit comments to the member of the ap10 propriate congressional advisory group from 

11 that committee regarding any matter related to 

12 a negotiation for any trade agreement to which 

13 this Act applies. 

14 (3) GUIDELINES.— 

15 (A) PURPOSE AND REVISION.—The United 

16 States Trade Representative, in consultation 

17 with the chairmen and the ranking members of 

18 the Committee on Ways and Means of the 

19 House of Representatives and the Committee 

20 on Finance of the Senate, respectively— 

21 (i) shall, not later than 120 days after 

22 the date of the enactment of this Act, de23 velop written guidelines to facilitate the 

24 useful and timely exchange of information 


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1 between the Trade Representative and the 

2 congressional advisory groups; and 

3 (ii) may make such revisions to the 

4 guidelines as may be necessary from time 

5 to time. 

6 (B) CONTENT.—The guidelines developed 

7 under subparagraph (A) shall provide for, 

8 among other things— 

9 (i) detailed briefings on a fixed time10 table to be specified in the guidelines of 

11 the congressional advisory groups regard12 ing negotiating objectives and positions 

13 and the status of the applicable negotia14 tions, beginning as soon as practicable 

15 after the congressional advisory groups are 

16 convened, with more frequent briefings as 

17 trade negotiations enter the final stage; 

18 (ii) access by members of the congres19 sional advisory groups, and staff with 

20 proper security clearances, to pertinent 

21 documents relating to the negotiations, in22 cluding classified materials; 

23 (iii) the closest practicable coordina24 tion between the Trade Representative and 

25 the congressional advisory groups at all 


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1 critical periods during the negotiations, in2 cluding at negotiation sites; 

3 (iv) after the applicable trade agree4 ment is concluded, consultation regarding 

5 ongoing compliance and enforcement of ne6 gotiated commitments under the trade 

7 agreement; and 

8 (v) the timeframe for submitting the 

9 report required under section 5(d)(3). 

10 (4) REQUEST FOR MEETING.—Upon the re11 quest of a majority of either of the congressional ad12 visory groups, the President shall meet with that 

13 congressional advisory group before initiating nego14 tiations with respect to a trade agreement, or at any 

15 other time concerning the negotiations. 

16 (d) CONSULTATIONS WITH THE PUBLIC.— 

17 (1) GUIDELINES FOR PUBLIC ENGAGEMENT.— 

18 The United States Trade Representative, in con19 sultation with the chairmen and the ranking mem20 bers of the Committee on Ways and Means of the 

21 House of Representatives and the Committee on Fi22 nance of the Senate, respectively— 

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

24 date of the enactment of this Act, develop writ25 ten guidelines on public access to information 


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1 regarding negotiations conducted under this 

2 Act; and 

3 (B) may make such revisions to the guide4 lines as may be necessary from time to time. 

5 (2) PURPOSES.—The guidelines developed 

6 under paragraph (1) shall— 

7 (A) facilitate transparency; 

8 (B) encourage public participation; and 

9 (C) promote collaboration in the negotia10 tion process. 

11 (3) CONTENT.—The guidelines developed under 

12 paragraph (1) shall include procedures that— 

13 (A) provide for rapid disclosure of informa14 tion in forms that the public can readily find 

15 and use; and 

16 (B) provide frequent opportunities for pub17 lic input through Federal Register requests for 

18 comment and other means. 

19 (4) DISSEMINATION.—The United States Trade 

20 Representative shall disseminate the guidelines de21 veloped under paragraph (1) to all Federal agencies 

22 that could have jurisdiction over laws affected by 

23 trade negotiations. 

24 (e) CONSULTATIONS WITH ADVISORY COMMIT25 TEES.— 


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1 (1) GUIDELINES FOR ENGAGEMENT WITH ADVI2 SORY COMMITTEES.—The United States Trade Rep3 resentative, in consultation with the chairmen and 

4 the ranking members of the Committee on Ways and 

5 Means of the House of Representatives and the 

6 Committee on Finance of the Senate, respectively— 

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

8 date of the enactment of this Act, develop writ9 ten guidelines on enhanced coordination with 

10 advisory committees established pursuant to 

11 section 135 of the Trade Act of 1974 (19 

12 U.S.C. 2155) regarding negotiations conducted 

13 under this Act; and 

14 (B) may make such revisions to the guide15 lines as may be necessary from time to time. 

16 (2) CONTENT.—The guidelines developed under 

17 paragraph (1) shall enhance coordination with advi18 sory committees described in that paragraph 

19 through procedures to ensure— 

20 (A) timely briefings of advisory committees 

21 and regular opportunities for advisory commit22 tees to provide input throughout the negotiation 

23 process on matters relevant to the sectors or 

24 functional areas represented by those commit25 tees; and 


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1 (B) the sharing of detailed and timely in2 formation with each member of an advisory 

3 committee regarding negotiations and pertinent 

4 documents related to the negotiation (including 

5 classified information) on matters relevant to 

6 the sectors or functional areas the member rep7 resents, and with a designee with proper secu8 rity clearances of each such member as appro9 priate. 

10 (3) DISSEMINATION.—The United States Trade 

11 Representative shall disseminate the guidelines de12 veloped under paragraph (1) to all Federal agencies 

13 that could have jurisdiction over laws affected by 

14 trade negotiations. 

15 SEC. 5. NOTICE, CONSULTATIONS, AND REPORTS. 

16 (a) NOTICE, CONSULTATIONS, AND REPORTS BE17 FORE NEGOTIATION.— 

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

19 any agreement that is subject to the provisions of 

20 section 3(b), shall— 

21 (A) provide, at least 90 calendar days be22 fore initiating negotiations with a country, writ23 ten notice to Congress of the President’s inten24 tion to enter into the negotiations with that 

25 country and set forth in the notice the date on 


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1 which the President intends to initiate those ne2 gotiations, the specific United States objectives 

3 for the negotiations with that country, and 

4 whether the President intends to seek an agree5 ment, or changes to an existing agreement; 

6 (B) before and after submission of the no7 tice, consult regarding the negotiations with the 

8 Committee on Ways and Means of the House of 

9 Representatives and the Committee on Finance 

10 of the Senate, such other committees of the 

11 House and Senate as the President deems ap12 propriate, and the House Advisory Group on 

13 Negotiations and the Senate Advisory Group on 

14 Negotiations convened under section 4(c); and 

15 (C) upon the request of a majority of the 

16 members of either the House Advisory Group 

17 on Negotiations or the Senate Advisory Group 

18 on Negotiations convened under section 4(c), 

19 meet with the requesting congressional advisory 

20 group before initiating the negotiations or at 

21 any other time concerning the negotiations. 

22 (2) SPECIAL RULE FOR NOTICE AND CON23 SULTATION ON DOHA-RELATED AGREEMENTS.—In 

24 the case of any plurilateral agreement between the 

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1 ing to a matter described in the Ministerial Declara2 tion of the World Trade Organization adopted at 

3 Doha November 14, 2001— 

4 (A) the President shall provide the written 

5 notice described in subparagraph (A) of para6 graph (1) to Congress at least 90 calendar days 

7 before initiating negotiations for the agreement 

8 and comply with subparagraphs (B) and (C) of 

9 that paragraph with respect to the agreement; 

10 and 

11 (B) if another WTO member seeks to join 

12 the negotiations after notice is provided under 

13 subparagraph (A) and the President determines 

14 that the WTO member is willing and able to 

15 meet the standard of the agreement and the 

16 participation of the WTO member would fur17 ther the objectives of the United States for the 

18 agreement, the President shall— 

19 (i) provide advance written notice to 

20 Congress before the WTO member joins 

21 the negotiations with respect to whether 

22 the United States intends to support the 

23 entry of the WTO member into the nego24 tiations; and 


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1 (ii) consult with Congress as provided 

2 in subparagraphs (B) and (C) of para3 graph (1). 

4 (3) NEGOTIATIONS REGARDING AGRI5 CULTURE.— 

6 (A) ASSESSMENT AND CONSULTATIONS

7 FOLLOWING ASSESSMENT.—Before initiating or 

8 continuing negotiations the subject matter of 

9 which is directly related to the subject matter 

10 under section 2(b)(3)(B) with any country, the 

11 President shall— 

12 (i) assess whether United States tar13 iffs on agricultural products that were 

14 bound under the Uruguay Round Agree15 ments are lower than the tariffs bound by 

16 that country; 

17 (ii) consider whether the tariff levels 

18 bound and applied throughout the world 

19 with respect to imports from the United 

20 States are higher than United States tar21 iffs and whether the negotiation provides 

22 an opportunity to address any such dis23 parity; and 

24 (iii) consult with the Committee on 

25 Ways and Means and the Committee on 


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1 Agriculture of the House of Representa2 tives and the Committee on Finance and 

3 the Committee on Agriculture, Nutrition, 

4 and Forestry of the Senate concerning the 

5 results of the assessment, whether it is ap6 propriate for the United States to agree to 

7 further tariff reductions based on the con8 clusions reached in the assessment, and 

9 how all applicable negotiating objectives 

10 will be met. 

11 (B) SPECIAL CONSULTATIONS ON IMPORT

12 SENSITIVE PRODUCTS.—(i) Before initiating ne13 gotiations with regard to agriculture and, with 

14 respect to agreements described in paragraphs 

15 (2) and (3) of section 7(a), as soon as prac16 ticable after the date of the enactment of this 

17 Act, the United States Trade Representative 

18 shall— 

19 (I) identify those agricultural products 

20 subject to tariff rate quotas on the date of 

21 enactment of this Act, and agricultural 

22 products subject to tariff reductions by the 

23 United States as a result of the Uruguay 

24 Round Agreements, for which the rate of 

25 duty was reduced on January 1, 1995, to 


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1 a rate which was not less than 97.5 per2 cent of the rate of duty that applied to 

3 such article on December 31, 1994; 

4 (II) consult with the Committee on 

5 Ways and Means and the Committee on 

6 Agriculture of the House of Representa7 tives and the Committee on Finance and 

8 the Committee on Agriculture, Nutrition, 

9 and Forestry of the Senate concerning— 

10 (aa) whether any further tariff 

11 reductions on the products identified 

12 under subclause (I) should be appro13 priate, taking into account the impact 

14 of any such tariff reduction on the 

15 United States industry producing the 

16 product concerned; 

17 (bb) whether the products so 

18 identified face unjustified sanitary or 

19 phytosanitary restrictions, including 

20 those not based on scientific principles 

21 in contravention of the Uruguay 

22 Round Agreements; and 

23 (cc) whether the countries par24 ticipating in the negotiations maintain 

25 export subsidies or other programs, 


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1 policies, or practices that distort world 

2 trade in such products and the impact 

3 of such programs, policies, and prac4 tices on United States producers of 

5 the products; 

6 (III) request that the International 

7 Trade Commission prepare an assessment 

8 of the probable economic effects of any 

9 such tariff reduction on the United States 

10 industry producing the product concerned 

11 and on the United States economy as a 

12 whole; and 

13 (IV) upon complying with subclauses 

14 (I), (II), and (III), notify the Committee 

15 on Ways and Means and the Committee on 

16 Agriculture of the House of Representa17 tives and the Committee on Finance and 

18 the Committee on Agriculture, Nutrition, 

19 and Forestry of the Senate of those prod20 ucts identified under subclause (I) for 

21 which the Trade Representative intends to 

22 seek tariff liberalization in the negotiations 

23 and the reasons for seeking such tariff lib24 eralization. 


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1 (ii) If, after negotiations described in 

2 clause (i) are commenced— 

3 (I) the United States Trade Rep4 resentative identifies any additional agri5 cultural product described in clause (i)(I) 

6 for tariff reductions which were not the 

7 subject of a notification under clause 

8 (i)(IV), or 

9 (II) any additional agricultural prod10 uct described in clause (i)(I) is the subject 

11 of a request for tariff reductions by a 

12 party to the negotiations, 

13 the Trade Representative shall, as soon as prac14 ticable, notify the committees referred to in 

15 clause (i)(IV) of those products and the reasons 

16 for seeking such tariff reductions. 

17 (4) NEGOTIATIONS REGARDING THE FISHING

18 INDUSTRY.—Before initiating, or continuing, nego19 tiations that directly relate to fish or shellfish trade 

20 with any country, the President shall consult with 

21 the Committee on Ways and Means and the Com22 mittee on Natural Resources of the House of Rep23 resentatives, and the Committee on Finance and the 

24 Committee on Commerce, Science, and Transpor25 tation of the Senate, and shall keep the Committees 


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1 apprised of the negotiations on an ongoing and time2 ly basis. 

3 (5) NEGOTIATIONS REGARDING TEXTILES.—Be4 fore initiating or continuing negotiations the subject 

5 matter of which is directly related to textiles and ap6 parel products with any country, the President 

7 shall— 

8 (A) assess whether United States tariffs on 

9 textile and apparel products that were bound 

10 under the Uruguay Round Agreements are 

11 lower than the tariffs bound by that country 

12 and whether the negotiation provides an oppor13 tunity to address any such disparity; and 

14 (B) consult with the Committee on Ways 

15 and Means of the House of Representatives and 

16 the Committee on Finance of the Senate con17 cerning the results of the assessment, whether 

18 it is appropriate for the United States to agree 

19 to further tariff reductions based on the conclu20 sions reached in the assessment, and how all 

21 applicable negotiating objectives will be met. 

22 (6) ADHERENCE TO EXISTING INTERNATIONAL

23 TRADE AND INVESTMENT AGREEMENT OBLIGA24 TIONS.—In determining whether to enter into nego25 tiations with a particular country, the President 


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1 shall take into account the extent to which that 

2 country has implemented, or has accelerated the im3 plementation of, its international trade and invest4 ment commitments to the United States, including 

5 pursuant to the WTO Agreement. 

6 (b) CONSULTATION WITH CONGRESS BEFORE

7 ENTRY INTO AGREEMENT.— 

8 (1) CONSULTATION.—Before entering into any 

9 trade agreement under section 3(b), the President 

10 shall consult with— 

11 (A) the Committee on Ways and Means of 

12 the House of Representatives and the Com13 mittee on Finance of the Senate; 

14 (B) each other committee of the House 

15 and the Senate, and each joint committee of 

16 Congress, which has jurisdiction over legislation 

17 involving subject matters which would be af18 fected by the trade agreement; and 

19 (C) the House Advisory Group on Negotia20 tions and the Senate Advisory Group on Nego21 tiations convened under section 4(c). 

22 (2) SCOPE.—The consultation described in 

23 paragraph (1) shall include consultation with respect 

24 to— 

25 (A) the nature of the agreement; 


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1 (B) how and to what extent the agreement 

2 will achieve the applicable purposes, policies, 

3 priorities, and objectives of this Act; and 

4 (C) the implementation of the agreement 

5 under section 6, including the general effect of 

6 the agreement on existing laws. 

7 (3) REPORT REGARDING UNITED STATES

8 TRADE REMEDY LAWS.— 

9 (A) CHANGES IN CERTAIN TRADE LAWS.— 

10 The President, not less than 180 calendar days 

11 before the day on which the President enters 

12 into a trade agreement under section 3(b), shall 

13 report to the Committee on Ways and Means of 

14 the House of Representatives and the Com15 mittee on Finance of the Senate— 

16 (i) the range of proposals advanced in 

17 the negotiations with respect to that agree18 ment, that may be in the final agreement, 

19 and that could require amendments to title 

20 VII of the Tariff Act of 1930 (19 U.S.C. 

21 1671 et seq.) or to chapter 1 of title II of 

22 the Trade Act of 1974 (19 U.S.C. 2251 et 

23 seq.); and 

24 (ii) how these proposals relate to the 

25 objectives described in section 2(b)(16). 


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1 (B) RESOLUTIONS.—(i) At any time after 

2 the transmission of the report under subpara3 graph (A), if a resolution is introduced with re4 spect to that report in either House of Con5 gress, the procedures set forth in clauses (iii) 

6 through (vii) shall apply to that resolution if— 

7 (I) no other resolution with respect to 

8 that report has previously been reported in 

9 that House of Congress by the Committee 

10 on Ways and Means or the Committee on 

11 Finance, as the case may be, pursuant to 

12 those procedures; and 

13 (II) no procedural disapproval resolu14 tion under section 6(b) introduced with re15 spect to a trade agreement entered into 

16 pursuant to the negotiations to which the 

17 report under subparagraph (A) relates has 

18 previously been reported in that House of 

19 Congress by the Committee on Ways and 

20 Means or the Committee on Finance, as 

21 the case may be. 

22 (ii) For purposes of this subparagraph, the 

23 term ‘‘resolution’’ means only a resolution of ei24 ther House of Congress, the matter after the 

25 resolving clause of which is as follows: ‘‘That 


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1 the llll finds that the proposed changes 

2 to United States trade remedy laws contained 

3 in the report of the President transmitted to 

4 Congress on llll under section 5(b)(3) of 

5 the Bipartisan Congressional Trade Priorities 

6 Act of 2014 with respect to llll, are in7 consistent with the negotiating objectives de8 scribed in section 2(b)(16) of that Act.’’, with 

9 the first blank space being filled with the name 

10 of the resolving House of Congress, the second 

11 blank space being filled with the appropriate 

12 date of the report, and the third blank space 

13 being filled with the name of the country or 

14 countries involved. 

15 (iii) Resolutions in the House of Rep16 resentatives— 

17 (I) may be introduced by any Member 

18 of the House; 

19 (II) shall be referred to the Com20 mittee on Ways and Means and, in addi21 tion, to the Committee on Rules; and 

22 (III) may not be amended by either 

23 Committee. 

24 (iv) Resolutions in the Senate— 


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1 (I) may be introduced by any Member 

2 of the Senate; 

3 (II) shall be referred to the Com4 mittee on Finance; and 

5 (III) may not be amended. 

6 (v) It is not in order for the House of Rep7 resentatives to consider any resolution that is 

8 not reported by the Committee on Ways and 

9 Means and, in addition, by the Committee on 

10 Rules. 

11 (vi) It is not in order for the Senate to 

12 consider any resolution that is not reported by 

13 the Committee on Finance. 

14 (vii) The provisions of subsections (d) and 

15 (e) of section 152 of the Trade Act of 1974 (19 

16 U.S.C. 2192) (relating to floor consideration of 

17 certain resolutions in the House and Senate) 

18 shall apply to resolutions. 

19 (4) ADVISORY COMMITTEE REPORTS.—The re20 port required under section 135(e)(1) of the Trade 

21 Act of 1974 (19 U.S.C. 2155(e)(1)) regarding any 

22 trade agreement entered into under subsection (a) or 

23 (b) of section 3 shall be provided to the President, 

24 Congress, and the United States Trade Representa25 tive not later than 30 days after the date on which 


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1 the President notifies Congress under section 

2 3(a)(2) or 6(a)(1)(A) of the intention of the Presi3 dent to enter into the agreement. 

4 (c) INTERNATIONAL TRADE COMMISSION ASSESS5 MENT.— 

6 (1) SUBMISSION OF INFORMATION TO COMMIS7 SION.—The President, not later than 90 calendar 

8 days before the day on which the President enters 

9 into a trade agreement under section 3(b), shall pro10 vide the International Trade Commission (referred 

11 to in this subsection as the ‘‘Commission’’) with the 

12 details of the agreement as it exists at that time and 

13 request the Commission to prepare and submit an 

14 assessment of the agreement as described in para15 graph (2). Between the time the President makes 

16 the request under this paragraph and the time the 

17 Commission submits the assessment, the President 

18 shall keep the Commission current with respect to 

19 the details of the agreement. 

20 (2) ASSESSMENT.—Not later than 105 calendar 

21 days after the President enters into a trade agree22 ment under section 3(b), the Commission shall sub23 mit to the President and Congress a report assessing 

24 the likely impact of the agreement on the United 

25 States economy as a whole and on specific industry 


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1 sectors, including the impact the agreement will have 

2 on the gross domestic product, exports and imports, 

3 aggregate employment and employment opportuni4 ties, the production, employment, and competitive 

5 position of industries likely to be significantly af6 fected by the agreement, and the interests of United 

7 States consumers. 

8 (3) REVIEW OF EMPIRICAL LITERATURE.—In 

9 preparing the assessment under paragraph (2), the 

10 Commission shall review available economic assess11 ments regarding the agreement, including literature 

12 regarding any substantially equivalent proposed 

13 agreement, and shall provide in its assessment a de14 scription of the analyses used and conclusions drawn 

15 in such literature, and a discussion of areas of con16 sensus and divergence between the various analyses 

17 and conclusions, including those of the Commission 

18 regarding the agreement. 

19 (4) PUBLIC AVAILABILITY.—The President 

20 shall make each assessment under paragraph (2) 

21 available to the public. 

22 (d) REPORTS SUBMITTED TO COMMITTEES WITH

23 AGREEMENT.— 

24 (1) ENVIRONMENTAL REVIEWS AND RE25 PORTS.—The President shall— 


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1 (A) conduct environmental reviews of fu2 ture trade and investment agreements, con3 sistent with Executive Order 13141 (64 Fed. 

4 Reg. 63169), dated November 16, 1999, and its 

5 relevant guidelines; and 

6 (B) submit a report on those reviews and 

7 on the content and operation of consultative 

8 mechanisms established pursuant to section 

9 2(c) to the Committee on Ways and Means of 

10 the House of Representatives and the Com11 mittee on Finance of the Senate at the time the 

12 President submits to Congress a copy of the 

13 final text of an agreement pursuant to section 

14 6(a)(1)(C). 

15 (2) EMPLOYMENT IMPACT REVIEWS AND RE16 PORTS.—The President shall— 

17 (A) review the impact of future trade 

18 agreements on United States employment, in19 cluding labor markets, modeled after Executive 

20 Order 13141 (64 Fed. Reg. 63169) to the ex21 tent appropriate in establishing procedures and 

22 criteria; and 

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

24 Committee on Ways and Means of the House of 

25 Representatives and the Committee on Finance 


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1 of the Senate at the time the President submits 

2 to Congress a copy of the final text of an agree3 ment pursuant to section 6(a)(1)(C). 

4 (3) REPORT ON LABOR RIGHTS.—The President 

5 shall submit to the Committee on Ways and Means 

6 of the House of Representatives and the Committee 

7 on Finance of the Senate, on a timeframe deter8 mined in accordance with section 4(c)(3)(B)— 

9 (A) a meaningful labor rights report of the 

10 country, or countries, with respect to which the 

11 President is negotiating; and 

12 (B) a description of any provisions that 

13 would require changes to the labor laws and 

14 labor practices of the United States. 

15 (4) PUBLIC AVAILABILITY.—The President 

16 shall make all reports required under this subsection 

17 available to the public. 

18 (e) IMPLEMENTATION AND ENFORCEMENT PLAN.— 

19 (1) IN GENERAL.—At the time the President 

20 submits to Congress a copy of the final text of an 

21 agreement pursuant to section 6(a)(1)(C), the Presi22 dent shall also submit to Congress a plan for imple23 menting and enforcing the agreement. 


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1 (2) ELEMENTS.—The implementation and en2 forcement plan required by paragraph (1) shall in3 clude the following: 

4 (A) BORDER PERSONNEL REQUIRE5 MENTS.—A description of additional personnel 

6 required at border entry points, including a list 

7 of additional customs and agricultural inspec8 tors. 

9 (B) AGENCY STAFFING REQUIREMENTS.— 

10 A description of additional personnel required 

11 by Federal agencies responsible for monitoring 

12 and implementing the trade agreement, includ13 ing personnel required by the Office of the 

14 United States Trade Representative, the De15 partment of Commerce, the Department of Ag16 riculture (including additional personnel re17 quired to implement sanitary and phytosanitary 

18 measures in order to obtain market access for 

19 United States exports), the Department of 

20 Homeland Security, the Department of the 

21 Treasury, and such other agencies as may be 

22 necessary. 

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1 ment and facilities needed by U.S. Customs and 

2 Border Protection. 

3 (D) IMPACT ON STATE AND LOCAL GOV4 ERNMENTS.—A description of the impact the 

5 trade agreement will have on State and local 

6 governments as a result of increases in trade. 

7 (E) COST ANALYSIS.—An analysis of the 

8 costs associated with each of the items listed in 

9 subparagraphs (A) through (D). 

10 (3) BUDGET SUBMISSION.—The President shall 

11 include a request for the resources necessary to sup12 port the plan required by paragraph (1) in the first 

13 budget of the President submitted to Congress 

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

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

16 (4) PUBLIC AVAILABILITY.—The President 

17 shall make the plan required under this subsection 

18 available to the public. 

19 (f) OTHER REPORTS.— 

20 (1) REPORT ON PENALTIES.—Not later than 

21 one year after the imposition of a penalty or remedy 

22 by the United States permitted by a trade agree23 ment to which this Act applies, the President shall 

24 submit to the Committee on Ways and Means of the 

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1 nance of the Senate a report on the effectiveness of 

2 the penalty or remedy applied under United States 

3 law in enforcing United States rights under the 

4 trade agreement, which shall address whether the 

5 penalty or remedy was effective in changing the be6 havior of the targeted party and whether the penalty 

7 or remedy had any adverse impact on parties or in8 terests not party to the dispute. 

9 (2) REPORT ON IMPACT OF TRADE PROMOTION

10 AUTHORITY.—Not later than one year after the date 

11 of the enactment of this Act, the United States 

12 International Trade Commission shall submit to the 

13 Committee on Ways and Means of the House of 

14 Representatives and the Committee on Finance of 

15 the Senate a report on the economic impact on the 

16 United States of all trade agreements with respect 

17 to which Congress has enacted an implementing bill 

18 under trade authorities procedures since January 1, 

19 1984. 

20 (3) ENFORCEMENT CONSULTATIONS AND RE21 PORTS.—(A) The United States Trade Representa22 tive shall consult with the Committee on Ways and 

23 Means of the House of Representatives and the 

24 Committee on Finance of the Senate after accept25 ance of a petition for review or taking an enforceVerDate Mar 15 2010 03:04 Jan 10, 2014 Jkt 039200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S1900.IS S1900

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1 ment action in regard to an obligation under a trade 

2 agreement, including a labor or environmental obli3 gation. During such consultations, the United States 

4 Trade Representative shall describe the matter, in5 cluding the basis for such action and the application 

6 of any relevant legal obligations. 

7 (B) As part of the report required pursuant to 

8 section 163 of the Trade Act of 1974 (19 U.S.C. 

9 2213), the President shall report annually to Con10 gress on enforcement actions taken pursuant to a 

11 United States trade agreement, as well as on any 

12 public reports issued by Federal agencies on enforce13 ment matters relating to a trade agreement. 

14 (g) ADDITIONAL COORDINATION WITH MEMBERS.— 

15 Any Member of the House of Representatives may submit 

16 to the Committee on Ways and Means of the House of 

17 Representatives and any Member of the Senate may sub18 mit to the Committee on Finance of the Senate the views 

19 of that Member on any matter relevant to a proposed 

20 trade agreement, and the relevant Committee shall receive 

21 those views for consideration. 

22 SEC. 6. IMPLEMENTATION OF TRADE AGREEMENTS. 

23 (a) IN GENERAL.— 

24 (1) NOTIFICATION AND SUBMISSION.—Any 

25 agreement entered into under section 3(b) shall 


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1 enter into force with respect to the United States if 

2 (and only if)— 

3 (A) the President, at least 90 calendar 

4 days before the day on which the President en5 ters into the trade agreement, notifies the 

6 House of Representatives and the Senate of the 

7 President’s intention to enter into the agree8 ment, and promptly thereafter publishes notice 

9 of such intention in the Federal Register; 

10 (B) within 60 days after entering into the 

11 agreement, the President submits to Congress a 

12 description of those changes to existing laws 

13 that the President considers would be required 

14 in order to bring the United States into compli15 ance with the agreement; 

16 (C) after entering into the agreement, the 

17 President submits to Congress, on a day on 

18 which both Houses of Congress are in session, 

19 a copy of the final legal text of the agreement, 

20 together with— 

21 (i) a draft of an implementing bill de22 scribed in section 3(b)(3); 

23 (ii) a statement of any administrative 

24 action proposed to implement the trade 

25 agreement; and 


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1 (iii) the supporting information de2 scribed in paragraph (2)(A); 

3 (D) the implementing bill is enacted into 

4 law; and 

5 (E) the President, not later than 30 days 

6 before the date on which the agreement enters 

7 into force with respect to a party to the agree8 ment, submits written notice to Congress that 

9 the President has determined that the party 

10 has taken measures necessary to comply with 

11 those provisions of the agreement that are to 

12 take effect on the date on which the agreement 

13 enters into force. 

14 (2) SUPPORTING INFORMATION.— 

15 (A) IN GENERAL.—The supporting infor16 mation required under paragraph (1)(C)(iii) 

17 consists of— 

18 (i) an explanation as to how the im19 plementing bill and proposed administra20 tive action will change or affect existing 

21 law; and 

22 (ii) a statement— 

23 (I) asserting that the agreement 

24 makes progress in achieving the appliVerDate Mar 15 2010 03:04 Jan 10, 2014 Jkt 039200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S1900.IS S1900

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1 cable purposes, policies, priorities, and 

2 objectives of this Act; and 

3 (II) setting forth the reasons of 

4 the President regarding— 

5 (aa) how and to what extent 

6 the agreement makes progress in 

7 achieving the applicable purposes, 

8 policies, and objectives referred 

9 to in subclause (I); 

10 (bb) whether and how the 

11 agreement changes provisions of 

12 an agreement previously nego13 tiated; 

14 (cc) how the agreement 

15 serves the interests of United 

16 States commerce; and 

17 (dd) how the implementing 

18 bill meets the standards set forth 

19 in section 3(b)(3). 

20 (B) PUBLIC AVAILABILITY.—The Presi21 dent shall make the supporting information de22 scribed in subparagraph (A) available to the 

23 public. 

24 (3) RECIPROCAL BENEFITS.—In order to en25 sure that a foreign country that is not a party to a 


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1 trade agreement entered into under section 3(b) 

2 does not receive benefits under the agreement unless 

3 the country is also subject to the obligations under 

4 the agreement, the implementing bill submitted with 

5 respect to the agreement shall provide that the bene6 fits and obligations under the agreement apply only 

7 to the parties to the agreement, if such application 

8 is consistent with the terms of the agreement. The 

9 implementing bill may also provide that the benefits 

10 and obligations under the agreement do not apply 

11 uniformly to all parties to the agreement, if such ap12 plication is consistent with the terms of the agree13 ment. 

14 (4) DISCLOSURE OF COMMITMENTS.—Any 

15 agreement or other understanding with a foreign 

16 government or governments (whether oral or in writ17 ing) that— 

18 (A) relates to a trade agreement with re19 spect to which Congress enacts an imple20 menting bill under trade authorities procedures; 

21 and 

22 (B) is not disclosed to Congress before an 

23 implementing bill with respect to that agree24 ment is introduced in either House of Congress, 


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1 shall not be considered to be part of the agreement 

2 approved by Congress and shall have no force and 

3 effect under United States law or in any dispute set4 tlement body. 

5 (b) LIMITATIONS ON TRADE AUTHORITIES PROCE6 DURES.— 

7 (1) FOR LACK OF NOTICE OR CONSULTA8 TIONS.— 

9 (A) IN GENERAL.—The trade authorities 

10 procedures shall not apply to any implementing 

11 bill submitted with respect to a trade agreement 

12 or trade agreements entered into under section 

13 3(b) if during the 60-day period beginning on 

14 the date that one House of Congress agrees to 

15 a procedural disapproval resolution for lack of 

16 notice or consultations with respect to such 

17 trade agreement or agreements, the other 

18 House separately agrees to a procedural dis19 approval resolution with respect to such trade 

20 agreement or agreements. 

21 (B) PROCEDURAL DISAPPROVAL RESOLU22 TION.—(i) For purposes of this paragraph, the 

23 term ‘‘procedural disapproval resolution’’ means 

24 a resolution of either House of Congress, the 

25 sole matter after the resolving clause of which 


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1 is as follows: ‘‘That the President has failed or 

2 refused to notify or consult in accordance with 

3 the Bipartisan Congressional Trade Priorities 

4 Act of 2014 on negotiations with respect to 

5 llllllll and, therefore, the trade 

6 authorities procedures under that Act shall not 

7 apply to any implementing bill submitted with 

8 respect to such trade agreement or agree9 ments.’’, with the blank space being filled with 

10 a description of the trade agreement or agree11 ments with respect to which the President is 

12 considered to have failed or refused to notify or 

13 consult. 

14 (ii) For purposes of clause (i), the Presi15 dent has ‘‘failed or refused to notify or consult 

16 in accordance with the Bipartisan Congres17 sional Trade Priorities Act of 2014’’ on nego18 tiations with respect to a trade agreement or 

19 trade agreements if— 

20 (I) the President has failed or refused 

21 to consult (as the case may be) in accord22 ance with sections 4 and 5 and this section 

23 with respect to the negotiations, agree24 ment, or agreements; 


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1 (II) guidelines under section 4 have 

2 not been developed or met with respect to 

3 the negotiations, agreement, or agree4 ments; 

5 (III) the President has not met with 

6 the House Advisory Group on Negotiations 

7 or the Senate Advisory Group on Negotia8 tions pursuant to a request made under 

9 section 4(c)(4) with respect to the negotia10 tions, agreement, or agreements; or 

11 (IV) the agreement or agreements fail 

12 to make progress in achieving the pur13 poses, policies, priorities, and objectives of 

14 this Act. 

15 (2) PROCEDURES FOR CONSIDERING RESOLU16 TIONS.—(A) Procedural disapproval resolutions— 

17 (i) in the House of Representatives— 

18 (I) may be introduced by any Member 

19 of the House; 

20 (II) shall be referred to the Com21 mittee on Ways and Means and, in addi22 tion, to the Committee on Rules; and 

23 (III) may not be amended by either 

24 Committee; and 

25 (ii) in the Senate— 


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1 (I) may be introduced by any Member 

2 of the Senate; 

3 (II) shall be referred to the Com4 mittee on Finance; and 

5 (III) may not be amended. 

6 (B) The provisions of subsections (d) and (e) of 

7 section 152 of the Trade Act of 1974 (19 U.S.C. 

8 2192) (relating to the floor consideration of certain 

9 resolutions in the House and Senate) apply to a pro10 cedural disapproval resolution introduced with re11 spect to a trade agreement if no other procedural 

12 disapproval resolution with respect to that trade 

13 agreement has previously been reported in that 

14 House of Congress by the Committee on Ways and 

15 Means or the Committee on Finance, as the case 

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

17 of section 5(b)(3)(B) with respect to that trade 

18 agreement has been reported in that House of Con19 gress by the Committee on Ways and Means or the 

20 Committee on Finance, as the case may be, pursu21 ant to the procedures set forth in clauses (iii) 

22 through (vii) of such section. 

23 (C) It is not in order for the House of Rep24 resentatives to consider any procedural disapproval 

25 resolution not reported by the Committee on Ways 


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

2 Rules. 

3 (D) It is not in order for the Senate to consider 

4 any procedural disapproval resolution not reported 

5 by the Committee on Finance. 

6 (3) FOR FAILURE TO MEET OTHER REQUIRE7 MENTS.—Not later than December 15, 2014, the 

8 Secretary of Commerce, in consultation with the 

9 Secretary of State, the Secretary of the Treasury, 

10 the Attorney General, and the United States Trade 

11 Representative, shall transmit to Congress a report 

12 setting forth the strategy of the executive branch to 

13 address concerns of Congress regarding whether dis14 pute settlement panels and the Appellate Body of 

15 the World Trade Organization have added to obliga16 tions, or diminished rights, of the United States, as 

17 described in section 2(b)(15)(C). Trade authorities 

18 procedures shall not apply to any implementing bill 

19 with respect to an agreement negotiated under the 

20 auspices of the World Trade Organization unless the 

21 Secretary of Commerce has issued such report by 

22 the deadline specified in this paragraph. 

23 (c) RULES OF HOUSE OF REPRESENTATIVES AND

24 SENATE.—Subsection (b) of this section, section 3(c), and 

25 section 5(b)(3) are enacted by Congress— 


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

2 the House of Representatives and the Senate, re3 spectively, and as such are deemed a part of the 

4 rules of each House, respectively, and such proce5 dures supersede other rules only to the extent that 

6 they are inconsistent with such other rules; and 

7 (2) with the full recognition of the constitu8 tional right of either House to change the rules (so 

9 far as relating to the procedures of that House) at 

10 any time, in the same manner, and to the same ex11 tent as any other rule of that House. 

12 SEC. 7. TREATMENT OF CERTAIN TRADE AGREEMENTS FOR 

13 WHICH NEGOTIATIONS HAVE ALREADY 

14 BEGUN. 

15 (a) CERTAIN AGREEMENTS.—Notwithstanding the 

16 prenegotiation notification and consultation requirement 

17 described in section 5(a), if an agreement to which section 

18 3(b) applies— 

19 (1) is entered into under the auspices of the 

20 World Trade Organization, 

21 (2) is entered into with the Trans-Pacific Part22 nership countries with respect to which notifications 

23 have been made in a manner consistent with section 

24 5(a)(1) as of the date of the enactment of this Act, 

25 (3) is entered into with the European Union, or 


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1 (4) is an agreement with respect to inter2 national trade in services entered into with WTO 

3 members with respect to which notifications have 

4 been made in a manner consistent with section 

5 5(a)(2) as of the date of the enactment of this Act, 

6 and results from negotiations that were commenced before 

7 the date of the enactment of this Act, subsection (b) shall 

8 apply. 

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

10 any agreement to which subsection (a) applies— 

11 (1) the applicability of the trade authorities 

12 procedures to implementing bills shall be determined 

13 without regard to the requirements of section 5(a) 

14 (relating only to notice prior to initiating negotia15 tions), and any procedural disapproval resolution 

16 under section 6(b)(1)(B) shall not be in order on the 

17 basis of a failure or refusal to comply with the provi18 sions of section 5(a); provided that 

19 (2) the President as soon as feasible after the 

20 date of the enactment of this Act— 

21 (A) notifies the Congress of the negotia22 tions described in subsection (a), the specific 

23 United States objectives in the negotiations, 

24 and whether the President is seeking a new 


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1 agreement or changes to an existing agreement; 

2 and 

3 (B) before and after submission of the no4 tice, consults regarding the negotiations with 

5 the committees referred to in section 5(a)(1)(B) 

6 and the House and Senate Advisory Groups on 

7 Negotiations convened under section 4(c). 

8 SEC. 8. SOVEREIGNTY. 

9 (a) UNITED STATES LAW TO PREVAIL IN EVENT OF

10 CONFLICT.—No provision of any trade agreement entered 

11 into under section 3(b), nor the application of any such 

12 provision to any person or circumstance, that is incon13 sistent with any law of the United States, any State of 

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

15 shall have effect. 

16 (b) AMENDMENTS OR MODIFICATIONS OF UNITED

17 STATES LAW.—No provision of any trade agreement en18 tered into under section 3(b) shall prevent the United 

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

20 the United States from amending or modifying any law 

21 of the United States, that State, or that locality (as the 

22 case may be). 

23 (c) DISPUTE SETTLEMENT REPORTS.—Reports, in24 cluding findings and recommendations, issued by dispute 

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1 ment entered into under section 3(b) shall have no binding 

2 effect on the law of the United States, the Government 

3 of the United States, or the law or government of any 

4 State or locality of the United States. 

5 SEC. 9. INTERESTS OF SMALL BUSINESSES. 

6 (a) SENSE OF CONGRESS.—It is the sense of Con7 gress that— 

8 (1) the United States Trade Representative 

9 should facilitate participation by small businesses in 

10 the trade negotiation process; and 

11 (2) the functions of the Office of the United 

12 States Trade Representative relating to small busi13 nesses should continue to be reflected in the title of 

14 the Assistant United States Trade Representative 

15 assigned the responsibility for small businesses. 

16 (b) CONSIDERATION OF SMALL BUSINESS INTER17 ESTS.—The Assistant United States Trade Representative 

18 for Small Business, Market Access, and Industrial Com19 petitiveness shall be responsible for ensuring that the in20 terests of small businesses are considered in all trade ne21 gotiations in accordance with the objective described in 

22 section 2(a)(8). 

23 SEC. 10. CONFORMING AMENDMENTS; APPLICATION OF 

24 CERTAIN PROVISIONS. 

25 (a) CONFORMING AMENDMENTS.— 


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1 (1) ADVICE FROM UNITED STATES INTER2 NATIONAL TRADE COMMISSION.—Section 131 of the 

3 Trade Act of 1974 (19 U.S.C. 2151) is amended— 

4 (A) in subsection (a)— 

5 (i) in paragraph (1), by striking ‘‘sec6 tion 2103(a) or (b) of the Bipartisan 

7 Trade Promotion Authority Act of 2002’’ 

8 and inserting ‘‘subsection (a) or (b) of sec9 tion 3 of the Bipartisan Congressional 

10 Trade Priorities Act of 2014’’; and 

11 (ii) in paragraph (2), by striking ‘‘sec12 tion 2103(b) of the Bipartisan Trade Pro13 motion Authority Act of 2002’’ and insert14 ing ‘‘section 3(b) of the Bipartisan Con15 gressional Trade Priorities Act of 2014’’; 

16 (B) in subsection (b), by striking ‘‘section 

17 2103(a)(3)(A) of the Bipartisan Trade Pro18 motion Authority Act of 2002’’ and inserting 

19 ‘‘section 3(a)(4)(A) of the Bipartisan Congres20 sional Trade Priorities Act of 2014’’; and 

21 (C) in subsection (c), by striking ‘‘section 

22 2103 of the Bipartisan Trade Promotion Au23 thority Act of 2002’’ and inserting ‘‘section 

24 3(a) of the Bipartisan Congressional Trade Pri25 orities Act of 2014’’. 


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

2 of 1974 (19 U.S.C. 2152) is amended by striking 

3 ‘‘section 2103 of the Bipartisan Trade Promotion 

4 Authority Act of 2002’’ and inserting ‘‘section 3 of 

5 the Bipartisan Congressional Trade Priorities Act of 

6 2014’’. 

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

8 Trade Act of 1974 (19 U.S.C. 2153(a)) is amended 

9 by striking ‘‘section 2103 of the Bipartisan Trade 

10 Promotion Authority Act of 2002’’ and inserting 

11 ‘‘section 3 of the Bipartisan Congressional Trade 

12 Priorities Act of 2014’’. 

13 (4) PREREQUISITES FOR OFFERS.—Section 134 

14 of the Trade Act of 1974 (19 U.S.C. 2154) is 

15 amended by striking ‘‘section 2103 of the Bipartisan 

16 Trade Promotion Authority Act of 2002’’ each place 

17 it appears and inserting ‘‘section 3 of the Bipartisan 

18 Congressional Trade Priorities Act of 2014’’. 

19 (5) INFORMATION AND ADVICE FROM PRIVATE

20 AND PUBLIC SECTORS.—Section 135 of the Trade 

21 Act of 1974 (19 U.S.C. 2155) is amended— 

22 (A) in subsection (a)(1)(A), by striking 

23 ‘‘section 2103 of the Bipartisan Trade Pro24 motion Authority Act of 2002’’ and inserting 


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1 ‘‘section 3 of the Bipartisan Congressional 

2 Trade Priorities Act of 2014’’; and 

3 (B) in subsection (e)— 

4 (i) in paragraph (1)— 

5 (I) by striking ‘‘section 2103 of 

6 the Bipartisan Trade Promotion Au7 thority Act of 2002’’ each place it ap8 pears and inserting ‘‘section 3 of the 

9 Bipartisan Congressional Trade Prior10 ities Act of 2014’’; and 

11 (II) by striking ‘‘not later than 

12 the date on which the President noti13 fies the Congress under section 

14 2105(a)(1)(A) of the Bipartisan 

15 Trade Promotion Authority Act of 

16 2002’’ and inserting ‘‘not later than 

17 the date that is 30 days after the date 

18 on which the President notifies Con19 gress under section 6(a)(1)(A) of the 

20 Bipartisan Congressional Trade Prior21 ities Act of 2014’’; and 

22 (ii) in paragraph (2), by striking ‘‘sec23 tion 2102 of the Bipartisan Trade Pro24 motion Authority Act of 2002’’ and insertVerDate Mar 15 2010 03:04 Jan 10, 2014 Jkt 039200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\S1900.IS S1900

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1 ing ‘‘section 2 of the Bipartisan Congres2 sional Trade Priorities Act of 2014’’. 

3 (6) PROCEDURES RELATING TO IMPLEMENTING

4 BILLS.—Section 151 of the Trade Act of 1974 (19 

5 U.S.C. 2191) is amended— 

6 (A) in subsection (b)(1), in the matter pre7 ceding subparagraph (A), by striking ‘‘section 

8 2105(a)(1) of the Bipartisan Trade Promotion 

9 Authority Act of 2002’’ and inserting ‘‘section 

10 6(a)(1) of the Bipartisan Congressional Trade 

11 Priorities Act of 2014’’; and 

12 (B) in subsection (c)(1), by striking ‘‘sec13 tion 2105(a)(1) of the Bipartisan Trade Pro14 motion Authority Act of 2002’’ and inserting 

15 ‘‘section 6(a)(1) of the Bipartisan Congres16 sional Trade Priorities Act of 2014’’. 

17 (7) TRANSMISSION OF AGREEMENTS TO CON18 GRESS.—Section 162(a) of the Trade Act of 1974 

19 (19 U.S.C. 2212(a)) is amended by striking ‘‘section 

20 2103 of the Bipartisan Trade Promotion Authority 

21 Act of 2002’’ and inserting ‘‘section 3 of the Bipar22 tisan Congressional Trade Priorities Act of 2014’’. 

23 (b) APPLICATION OF CERTAIN PROVISIONS.—For 

24 purposes of applying sections 125, 126, and 127 of the 

25 Trade Act of 1974 (19 U.S.C. 2135, 2136, and 2137)— 


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1 (1) any trade agreement entered into under sec2 tion 3 shall be treated as an agreement entered into 

3 under section 101 or 102 of the Trade Act of 1974 

4 (19 U.S.C. 2111 or 2112), as appropriate; and 

5 (2) any proclamation or Executive order issued 

6 pursuant to a trade agreement entered into under 

7 section 3 shall be treated as a proclamation or Exec8 utive order issued pursuant to a trade agreement en9 tered into under section 102 of the Trade Act of 

10 1974 (19 U.S.C. 2112). 

11 SEC. 11. DEFINITIONS. 

12 In this Act: 

13 (1) AGREEMENT ON AGRICULTURE.—The term 

14 ‘‘Agreement on Agriculture’’ means the agreement 

15 referred to in section 101(d)(2) of the Uruguay 

16 Round Agreements Act (19 U.S.C. 3511(d)(2)). 

17 (2) AGREEMENT ON SAFEGUARDS.—The term 

18 ‘‘Agreement on Safeguards’’ means the agreement 

19 referred to in section 101(d)(13) of the Uruguay 

20 Round Agreements Act (19 U.S.C. 3511(d)(13)). 

21 (3) AGREEMENT ON SUBSIDIES AND COUNTER22 VAILING MEASURES.—The term ‘‘Agreement on Sub23 sidies and Countervailing Measures’’ means the 

24 agreement referred to in section 101(d)(12) of the 


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1 Uruguay Round Agreements Act (19 U.S.C. 

2 3511(d)(12)). 

3 (4) ANTIDUMPING AGREEMENT.—The term 

4 ‘‘Antidumping Agreement’’ means the Agreement on 

5 Implementation of Article VI of the General Agree6 ment on Tariffs and Trade 1994 referred to in sec7 tion 101(d)(7) of the Uruguay Round Agreements 

8 Act (19 U.S.C. 3511(d)(7)). 

9 (5) APPELLATE BODY.—The term ‘‘Appellate 

10 Body’’ means the Appellate Body established under 

11 Article 17.1 of the Dispute Settlement Under12 standing. 

13 (6) COMMON MULTILATERAL ENVIRONMENTAL

14 AGREEMENT.— 

15 (A) IN GENERAL.—The term ‘‘common 

16 multilateral environmental agreement’’ means 

17 any agreement specified in subparagraph (B) or 

18 included under subparagraph (C) to which both 

19 the United States and one or more other par20 ties to the negotiations are full parties, includ21 ing any current or future mutually agreed upon 

22 protocols, amendments, annexes, or adjust23 ments to such an agreement. 


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1 (B) AGREEMENTS SPECIFIED.—The agree2 ments specified in this subparagraph are the 

3 following: 

4 (i) The Convention on International 

5 Trade in Endangered Species of Wild 

6 Fauna and Flora, done at Washington 

7 March 3, 1973 (27 UST 1087; TIAS 

8 8249). 

9 (ii) The Montreal Protocol on Sub10 stances that Deplete the Ozone Layer, 

11 done at Montreal September 16, 1987. 

12 (iii) The Protocol of 1978 Relating to 

13 the International Convention for the Pre14 vention of Pollution from Ships, 1973, 

15 done at London February 17, 1978. 

16 (iv) The Convention on Wetlands of 

17 International Importance Especially as 

18 Waterfowl Habitat, done at Ramsar Feb19 ruary 2, 1971 (TIAS 11084). 

20 (v) The Convention on the Conserva21 tion of Antarctic Marine Living Resources, 

22 done at Canberra May 20, 1980 (33 UST 

23 3476). 


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1 (vi) The International Convention for 

2 the Regulation of Whaling, done at Wash3 ington December 2, 1946 (62 Stat. 1716). 

4 (vii) The Convention for the Estab5 lishment of an Inter-American Tropical 

6 Tuna Commission, done at Washington 

7 May 31, 1949 (1 UST 230). 

8 (C) ADDITIONAL AGREEMENTS.—Both the 

9 United States and one or more other parties to 

10 the negotiations may agree to include any other 

11 multilateral environmental or conservation 

12 agreement to which they are full parties as a 

13 common multilateral environmental agreement 

14 under this paragraph. 

15 (7) CORE LABOR STANDARDS.—The term ‘‘core 

16 labor standards’’ means— 

17 (A) freedom of association; 

18 (B) the effective recognition of the right to 

19 collective bargaining; 

20 (C) the elimination of all forms of forced 

21 or compulsory labor; 

22 (D) the effective abolition of child labor 

23 and a prohibition on the worst forms of child 

24 labor; and 


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1 (E) the elimination of discrimination in re2 spect of employment and occupation. 

3 (8) DISPUTE SETTLEMENT UNDERSTANDING.— 

4 The term ‘‘Dispute Settlement Understanding’’ 

5 means the Understanding on Rules and Procedures 

6 Governing the Settlement of Disputes referred to in 

7 section 101(d)(16) of the Uruguay Round Agree8 ments Act (19 U.S.C. 3511(d)(16)). 

9 (9) ENABLING CLAUSE.—The term ‘‘Enabling 

10 Clause’’ means the Decision on Differential and 

11 More Favourable Treatment, Reciprocity and Fuller 

12 Participation of Developing Countries (L/4903), 

13 adopted November 28, 1979, under GATT 1947 (as 

14 defined in section 2 of the Uruguay Round Agree15 ments Act (19 U.S.C. 3501)). 

16 (10) ENVIRONMENTAL LAWS.—The term ‘‘envi17 ronmental laws’’, with respect to the laws of the 

18 United States, means environmental statutes and 

19 regulations enforceable by action of the Federal Gov20 ernment. 

21 (11) GATT 1994.—The term ‘‘GATT 1994’’ 

22 has the meaning given that term in section 2 of the 

23 Uruguay Round Agreements Act (19 U.S.C. 3501). 

24 (12) GENERAL AGREEMENT ON TRADE IN

25 SERVICES.—The term ‘‘General Agreement on Trade 


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1 in Services’’ means the General Agreement on Trade 

2 in Services (referred to in section 101(d)(14) of the 

3 Uruguay Round Agreements Act (19 U.S.C. 

4 3511(d)(14))). 

5 (13) GOVERNMENT PROCUREMENT AGREE6 MENT.—The term ‘‘Government Procurement Agree7 ment’’ means the Agreement on Government Pro8 curement referred to in section 101(d)(17) of the 

9 Uruguay Round Agreements Act (19 U.S.C. 

10 3511(d)(17)). 

11 (14) ILO.—The term ‘‘ILO’’ means the Inter12 national Labor Organization. 

13 (15) IMPORT SENSITIVE AGRICULTURAL PROD14 UCT.—The term ‘‘import sensitive agricultural prod15 uct’’ means an agricultural product— 

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

17 the Uruguay Round Agreements the rate of 

18 duty was the subject of tariff reductions by the 

19 United States and, pursuant to such Agree20 ments, was reduced on January 1, 1995, to a 

21 rate that was not less than 97.5 percent of the 

22 rate of duty that applied to such article on De23 cember 31, 1994; or 

24 (B) which was subject to a tariff rate 

25 quota on the date of the enactment of this Act. 


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1 (16) INFORMATION TECHNOLOGY AGREE2 MENT.—The term ‘‘Information Technology Agree3 ment’’ means the Ministerial Declaration on Trade 

4 in Information Technology Products of the World 

5 Trade Organization, agreed to at Singapore Decem6 ber 13, 1996. 

7 (17) INTERNATIONALLY RECOGNIZED CORE

8 LABOR STANDARDS.—The term ‘‘internationally rec9 ognized core labor standards’’ means the core labor 

10 standards only as stated in the ILO Declaration on 

11 Fundamental Principles and Rights at Work and its 

12 Follow-Up (1998). 

13 (18) LABOR LAWS.—The term ‘‘labor laws’’ 

14 means the statutes and regulations, or provisions 

15 thereof, of a party to the negotiations that are di16 rectly related to core labor standards as well as 

17 other labor protections for children and minors and 

18 acceptable conditions of work with respect to min19 imum wages, hours of work, and occupational safety 

20 and health, and for the United States, includes Fed21 eral statutes and regulations addressing those stand22 ards, protections, or conditions but does not include 

23 State or local labor laws. 

24 (19) UNITED STATES PERSON.—The term 

25 ‘‘United States person’’ means— 


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1 (A) a United States citizen; 

2 (B) a partnership, corporation, or other 

3 legal entity that is organized under the laws of 

4 the United States; and 

5 (C) a partnership, corporation, or other 

6 legal entity that is organized under the laws of 

7 a foreign country and is controlled by entities 

8 described in subparagraph (B) or United States 

9 citizens, or both. 

10 (20) URUGUAY ROUND AGREEMENTS.—The 

11 term ‘‘Uruguay Round Agreements’’ has the mean12 ing given that term in section 2(7) of the Uruguay 

13 Round Agreements Act (19 U.S.C. 3501(7)). 

14 (21) WORLD TRADE ORGANIZATION; WTO.—The 

15 terms ‘‘World Trade Organization’’ and ‘‘WTO’’ 

16 mean the organization established pursuant to the 

17 WTO Agreement. 

18 (22) WTO AGREEMENT.—The term ‘‘WTO 

19 Agreement’’ means the Agreement Establishing the 

20 World Trade Organization entered into on April 15, 

21 1994. 

22 (23) WTO MEMBER.—The term ‘‘WTO mem23 ber’’ has the meaning given that term in section 


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1 2(10) of the Uruguay Round Agreements Act (19 

2 U.S.C. 3501(10)). 

Æ 


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