IB 

Union Calendar No. 69 

114TH CONGRESS 

1ST SESSION H. R. 1890 

[Report No. 114–100, Part I] 

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 HOUSE OF REPRESENTATIVES 

APRIL 17, 2015 

Mr. RYAN of Wisconsin (for himself, Mr. SESSIONS, Mr. TIBERI, and Mr. 

CUELLAR) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Rules 

and the Budget, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

MAY 1, 2015 

Reported from the Committee on Ways and Means with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

MAY 1, 2015 

The Committees on Rules and the Budget discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 

[For text of introduced bill, see copy of bill as introduced on April 17, 2015] 

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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. 

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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 and Accountability Act of 2015’’. 

6 SEC. 2. TRADE NEGOTIATING OBJECTIVES. 

7 (a) OVERALL TRADE NEGOTIATING OBJECTIVES.—The 

8 overall trade negotiating objectives of the United States for 

9 agreements subject to the provisions of section 3 are— 

10 (1) to obtain more open, equitable, and recip11 rocal market access; 

12 (2) to obtain the reduction or elimination of bar13 riers and distortions that are directly related to trade 

14 and investment and that decrease market opportuni15 ties for United States exports or otherwise distort 

16 United States trade; 

17 (3) to further strengthen the system of inter18 national trade and investment disciplines and proce19 dures, including dispute settlement; 

20 (4) to foster economic growth, raise living stand21 ards, enhance the competitiveness of the United 

22 States, promote full employment in the United States, 

23 and enhance the global economy; 

24 (5) to ensure that trade and environmental poli25 cies are mutually supportive and to seek to protect 

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1 and preserve the environment and enhance the inter2 national means of doing so, while optimizing the use 

3 of the world’s resources; 

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

5 rights of children consistent with core labor standards 

6 of the ILO (as set out in section 11(7)) and an under7 standing of the relationship between trade and worker 

8 rights; 

9 (7) to seek provisions in trade agreements under 

10 which parties to those agreements ensure that they do 

11 not weaken or reduce the protections afforded in do12 mestic environmental and labor laws as an encour13 agement for trade; 

14 (8) to ensure that trade agreements afford small 

15 businesses equal access to international markets, equi16 table trade benefits, and expanded export market op17 portunities, and provide for the reduction or elimi18 nation of trade and investment barriers that dis19 proportionately impact small businesses; 

20 (9) to promote universal ratification and full 

21 compliance with ILO Convention No. 182 Concerning 

22 the Prohibition and Immediate Action for the Elimi23 nation of the Worst Forms of Child Labor; 

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1 (10) to ensure that trade agreements reflect and 

2 facilitate the increasingly interrelated, multi-sectoral 

3 nature of trade and investment activity; 

4 (11) to recognize the growing significance of the 

5 Internet as a trading platform in international com6 merce; and 

7 (12) to take into account other legitimate United 

8 States domestic objectives, including, but not limited 

9 to, the protection of legitimate health or safety, essen10 tial security, and consumer interests and the law and 

11 regulations related thereto. 

12 (b) PRINCIPAL TRADE NEGOTIATING OBJECTIVES.— 

13 (1) TRADE IN GOODS.—The principal negoti14 ating objectives of the United States regarding trade 

15 in goods are— 

16 (A) to expand competitive market opportu17 nities for exports of goods from the United States 

18 and to obtain fairer and more open conditions of 

19 trade, including through the utilization of global 

20 value chains, by reducing or eliminating tariff 

21 and nontariff barriers and policies and practices 

22 of foreign governments directly related to trade 

23 that decrease market opportunities for United 

24 States exports or otherwise distort United States 

25 trade; and 

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1 (B) to obtain reciprocal tariff and nontariff 

2 barrier elimination agreements, including with 

3 respect to those tariff categories covered in sec4 tion 111(b) of the Uruguay Round Agreements 

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

6 (2) TRADE IN SERVICES.—(A) The principal ne7 gotiating objective of the United States regarding 

8 trade in services is to expand competitive market op9 portunities for United States services and to obtain 

10 fairer and more open conditions of trade, including 

11 through utilization of global value chains, by reducing 

12 or eliminating barriers to international trade in serv13 ices, such as regulatory and other barriers that deny 

14 national treatment and market access or unreason15 ably restrict the establishment or operations of service 

16 suppliers. 

17 (B) Recognizing that expansion of trade in serv18 ices generates benefits for all sectors of the economy 

19 and facilitates trade, the objective described in sub20 paragraph (A) should be pursued through all means, 

21 including through a plurilateral agreement with those 

22 countries willing and able to undertake high standard 

23 services commitments for both existing and new serv24 ices. 

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1 (3) TRADE IN AGRICULTURE.—The principal ne2 gotiating objective of the United States with respect to 

3 agriculture is to obtain competitive opportunities for 

4 United States exports of agricultural commodities in 

5 foreign markets substantially equivalent to the com6 petitive opportunities afforded foreign exports in 

7 United States markets and to achieve fairer and more 

8 open conditions of trade in bulk, specialty crop, and 

9 value added commodities by— 

10 (A) securing more open and equitable mar11 ket access through robust rules on sanitary and 

12 phytosanitary measures that— 

13 (i) encourage the adoption of inter14 national standards and require a science15 based justification be provided for a sani16 tary or phytosanitary measure if the meas17 ure is more restrictive than the applicable 

18 international standard; 

19 (ii) improve regulatory coherence, pro20 mote the use of systems-based approaches, 

21 and appropriately recognize the equivalence 

22 of health and safety protection systems of 

23 exporting countries; 

24 (iii) require that measures are trans25 parently developed and implemented, are 

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1 based on risk assessments that take into ac2 count relevant international guidelines and 

3 scientific data, and are not more restrictive 

4 on trade than necessary to meet the in5 tended purpose; and 

6 (iv) improve import check processes, 

7 including testing methodologies and proce8 dures, and certification requirements, 

9 while recognizing that countries may put in 

10 place measures to protect human, animal, or 

11 plant life or health in a manner consistent with 

12 their international obligations, including the 

13 WTO Agreement on the Application of Sanitary 

14 and Phytosanitary Measures (referred to in sec15 tion 101(d)(3) of the Uruguay Round Agree16 ments Act (19 U.S.C. 3511(d)(3))); 

17 (B) reducing or eliminating, by a date cer18 tain, tariffs or other charges that decrease mar19 ket opportunities for United States exports— 

20 (i) giving priority to those products 

21 that are subject to significantly higher tar22 iffs or subsidy regimes of major producing 

23 countries; and 

24 (ii) providing reasonable adjustment 

25 periods for United States import sensitive 

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1 products, in close consultation with Con2 gress on such products before initiating tar3 iff reduction negotiations; 

4 (C) reducing tariffs to levels that are the 

5 same as or lower than those in the United States; 

6 (D) reducing or eliminating subsidies that 

7 decrease market opportunities for United States 

8 exports or unfairly distort agriculture markets to 

9 the detriment of the United States; 

10 (E) allowing the preservation of programs 

11 that support family farms and rural commu12 nities but do not distort trade; 

13 (F) developing disciplines for domestic sup14 port programs, so that production that is in ex15 cess of domestic food security needs is sold at 

16 world prices; 

17 (G) eliminating government policies that 

18 create price depressing surpluses; 

19 (H) eliminating state trading enterprises 

20 whenever possible; 

21 (I) developing, strengthening, and clarifying 

22 rules to eliminate practices that unfairly de23 crease United States market access opportunities 

24 or distort agricultural markets to the detriment 

25 of the United States, and ensuring that such 

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1 rules are subject to efficient, timely, and effective 

2 dispute settlement, including— 

3 (i) unfair or trade distorting activities 

4 of state trading enterprises and other ad5 ministrative mechanisms, with emphasis on 

6 requiring price transparency in the oper7 ation of state trading enterprises and such 

8 other mechanisms in order to end cross sub9 sidization, price discrimination, and price 

10 undercutting; 

11 (ii) unjustified trade restrictions or 

12 commercial requirements, such as labeling, 

13 that affect new technologies, including bio14 technology; 

15 (iii) unjustified sanitary or 

16 phytosanitary restrictions, including re17 strictions not based on scientific principles 

18 in contravention of obligations in the Uru19 guay Round Agreements or bilateral or re20 gional trade agreements; 

21 (iv) other unjustified technical barriers 

22 to trade; and 

23 (v) restrictive rules in the administra24 tion of tariff rate quotas; 

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1 (J) eliminating practices that adversely af2 fect trade in perishable or cyclical products, 

3 while improving import relief mechanisms to 

4 recognize the unique characteristics of perishable 

5 and cyclical agriculture; 

6 (K) ensuring that import relief mechanisms 

7 for perishable and cyclical agriculture are as ac8 cessible and timely to growers in the United 

9 States as those mechanisms that are used by 

10 other countries; 

11 (L) taking into account whether a party to 

12 the negotiations has failed to adhere to the provi13 sions of already existing trade agreements with 

14 the United States or has circumvented obliga15 tions under those agreements; 

16 (M) taking into account whether a product 

17 is subject to market distortions by reason of a 

18 failure of a major producing country to adhere 

19 to the provisions of already existing trade agree20 ments with the United States or by the cir21 cumvention by that country of its obligations 

22 under those agreements; 

23 (N) otherwise ensuring that countries that 

24 accede to the World Trade Organization have 

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1 made meaningful market liberalization commit2 ments in agriculture; 

3 (O) taking into account the impact that 

4 agreements covering agriculture to which the 

5 United States is a party have on the United 

6 States agricultural industry; 

7 (P) maintaining bona fide food assistance 

8 programs, market development programs, and 

9 export credit programs; 

10 (Q) seeking to secure the broadest market 

11 access possible in multilateral, regional, and bi12 lateral negotiations, recognizing the effect that si13 multaneous sets of negotiations may have on 

14 United States import sensitive commodities (in15 cluding those subject to tariff rate quotas); 

16 (R) seeking to develop an international con17 sensus on the treatment of seasonal or perishable 

18 agricultural products in investigations relating 

19 to dumping and safeguards and in any other rel20 evant area; 

21 (S) seeking to establish the common base 

22 year for calculating the Aggregated Measurement 

23 of Support (as defined in the Agreement on Agri24 culture) as the end of each country’s Uruguay 

25 Round implementation period, as reported in 

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1 each country’s Uruguay Round market access 

2 schedule; 

3 (T) ensuring transparency in the adminis4 tration of tariff rate quotas through multilateral, 

5 plurilateral, and bilateral negotiations; and 

6 (U) eliminating and preventing the under7 mining of market access for United States prod8 ucts through improper use of a country’s system 

9 for protecting or recognizing geographical indi10 cations, including failing to ensure transparency 

11 and procedural fairness and protecting generic 

12 terms. 

13 (4) FOREIGN INVESTMENT.—Recognizing that 

14 United States law on the whole provides a high level 

15 of protection for investment, consistent with or great16 er than the level required by international law, the 

17 principal negotiating objectives of the United States 

18 regarding foreign investment are to reduce or elimi19 nate artificial or trade distorting barriers to foreign 

20 investment, while ensuring that foreign investors in 

21 the United States are not accorded greater substantive 

22 rights with respect to investment protections than 

23 United States investors in the United States, and to 

24 secure for investors important rights comparable to 

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1 those that would be available under United States 

2 legal principles and practice, by— 

3 (A) reducing or eliminating exceptions to 

4 the principle of national treatment; 

5 (B) freeing the transfer of funds relating to 

6 investments; 

7 (C) reducing or eliminating performance re8 quirements, forced technology transfers, and 

9 other unreasonable barriers to the establishment 

10 and operation of investments; 

11 (D) seeking to establish standards for expro12 priation and compensation for expropriation, 

13 consistent with United States legal principles 

14 and practice; 

15 (E) seeking to establish standards for fair 

16 and equitable treatment, consistent with United 

17 States legal principles and practice, including 

18 the principle of due process; 

19 (F) providing meaningful procedures for re20 solving investment disputes; 

21 (G) seeking to improve mechanisms used to 

22 resolve disputes between an investor and a gov23 ernment through— 

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1 (i) mechanisms to eliminate frivolous 

2 claims and to deter the filing of frivolous 

3 claims; 

4 (ii) procedures to ensure the efficient 

5 selection of arbitrators and the expeditious 

6 disposition of claims; 

7 (iii) procedures to enhance opportuni8 ties for public input into the formulation of 

9 government positions; and 

10 (iv) providing for an appellate body or 

11 similar mechanism to provide coherence to 

12 the interpretations of investment provisions 

13 in trade agreements; and 

14 (H) ensuring the fullest measure of trans15 parency in the dispute settlement mechanism, to 

16 the extent consistent with the need to protect in17 formation that is classified or business confiden18 tial, by— 

19 (i) ensuring that all requests for dis20 pute settlement are promptly made public; 

21 (ii) ensuring that— 

22 (I) all proceedings, submissions, 

23 findings, and decisions are promptly 

24 made public; and 

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1 (II) all hearings are open to the 

2 public; and 

3 (iii) establishing a mechanism for ac4 ceptance of amicus curiae submissions from 

5 businesses, unions, and nongovernmental or6 ganizations. 

7 (5) INTELLECTUAL PROPERTY.—The principal 

8 negotiating objectives of the United States regarding 

9 trade-related intellectual property are— 

10 (A) to further promote adequate and effec11 tive protection of intellectual property rights, in12 cluding through— 

13 (i)(I) ensuring accelerated and full im14 plementation of the Agreement on Trade-Re15 lated Aspects of Intellectual Property Rights 

16 referred to in section 101(d)(15) of the Uru17 guay Round Agreements Act (19 U.S.C. 

18 3511(d)(15)), particularly with respect to 

19 meeting enforcement obligations under that 

20 agreement; and 

21 (II) ensuring that the provisions of 

22 any trade agreement governing intellectual 

23 property rights that is entered into by the 

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1 tion similar to that found in United States 

2 law; 

3 (ii) providing strong protection for 

4 new and emerging technologies and new 

5 methods of transmitting and distributing 

6 products embodying intellectual property, 

7 including in a manner that facilitates le8 gitimate digital trade; 

9 (iii) preventing or eliminating dis10 crimination with respect to matters affect11 ing the availability, acquisition, scope, 

12 maintenance, use, and enforcement of intel13 lectual property rights; 

14 (iv) ensuring that standards of protec15 tion and enforcement keep pace with techno16 logical developments, and in particular en17 suring that rightholders have the legal and 

18 technological means to control the use of 

19 their works through the Internet and other 

20 global communication media, and to pre21 vent the unauthorized use of their works; 

22 (v) providing strong enforcement of in23 tellectual property rights, including through 

24 accessible, expeditious, and effective civil, 

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1 administrative, and criminal enforcement 

2 mechanisms; and 

3 (vi) preventing or eliminating govern4 ment involvement in the violation of intel5 lectual property rights, including cyber theft 

6 and piracy; 

7 (B) to secure fair, equitable, and non8 discriminatory market access opportunities for 

9 United States persons that rely upon intellectual 

10 property protection; and 

11 (C) to respect the Declaration on the TRIPS 

12 Agreement and Public Health, adopted by the 

13 World Trade Organization at the Fourth Min14 isterial Conference at Doha, Qatar on November 

15 14, 2001, and to ensure that trade agreements 

16 foster innovation and promote access to medi17 cines. 

18 (6) DIGITAL TRADE IN GOODS AND SERVICES

19 AND CROSS-BORDER DATA FLOWS.—The principal ne20 gotiating objectives of the United States with respect 

21 to digital trade in goods and services, as well as 

22 cross-border data flows, are— 

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

24 disciplines, and commitments under the World 

25 Trade Organization and bilateral and regional 

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1 trade agreements apply to digital trade in goods 

2 and services and to cross-border data flows; 

3 (B) to ensure that— 

4 (i) electronically delivered goods and 

5 services receive no less favorable treatment 

6 under trade rules and commitments than 

7 like products delivered in physical form; 

8 and 

9 (ii) the classification of such goods and 

10 services ensures the most liberal trade treat11 ment possible, fully encompassing both ex12 isting and new trade; 

13 (C) to ensure that governments refrain from 

14 implementing trade-related measures that im15 pede digital trade in goods and services, restrict 

16 cross-border data flows, or require local storage 

17 or processing of data; 

18 (D) with respect to subparagraphs (A) 

19 through (C), where legitimate policy objectives 

20 require domestic regulations that affect digital 

21 trade in goods and services or cross-border data 

22 flows, to obtain commitments that any such reg23 ulations are the least restrictive on trade, non24 discriminatory, and transparent, and promote 

25 an open market environment; and 

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1 (E) to extend the moratorium of the World 

2 Trade Organization on duties on electronic 

3 transmissions. 

4 (7) REGULATORY PRACTICES.—The principal ne5 gotiating objectives of the United States regarding the 

6 use of government regulation or other practices to re7 duce market access for United States goods, services, 

8 and investments are— 

9 (A) to achieve increased transparency and 

10 opportunity for the participation of affected par11 ties in the development of regulations; 

12 (B) to require that proposed regulations be 

13 based on sound science, cost benefit analysis, risk 

14 assessment, or other objective evidence; 

15 (C) to establish consultative mechanisms 

16 and seek other commitments, as appropriate, to 

17 improve regulatory practices and promote in18 creased regulatory coherence, including 

19 through— 

20 (i) transparency in developing guide21 lines, rules, regulations, and laws for gov22 ernment procurement and other regulatory 

23 regimes; 

24 (ii) the elimination of redundancies in 

25 testing and certification; 

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1 (iii) early consultations on significant 

2 regulations; 

3 (iv) the use of impact assessments; 

4 (v) the periodic review of existing regu5 latory measures; and 

6 (vi) the application of good regulatory 

7 practices; 

8 (D) to seek greater openness, transparency, 

9 and convergence of standards development proc10 esses, and enhance cooperation on standards 

11 issues globally; 

12 (E) to promote regulatory compatibility 

13 through harmonization, equivalence, or mutual 

14 recognition of different regulations and stand15 ards and to encourage the use of international 

16 and interoperable standards, as appropriate; 

17 (F) to achieve the elimination of govern18 ment measures such as price controls and ref19 erence pricing which deny full market access for 

20 United States products; 

21 (G) to ensure that government regulatory 

22 reimbursement regimes are transparent, provide 

23 procedural fairness, are nondiscriminatory, and 

24 provide full market access for United States 

25 products; and 

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1 (H) to ensure that foreign governments— 

2 (i) demonstrate that the collection of 

3 undisclosed proprietary information is lim4 ited to that necessary to satisfy a legitimate 

5 and justifiable regulatory interest; and 

6 (ii) protect such information against 

7 disclosure, except in exceptional cir8 cumstances to protect the public, or where 

9 such information is effectively protected 

10 against unfair competition. 

11 (8) STATE-OWNED AND STATE-CONTROLLED EN12 TERPRISES.—The principal negotiating objective of 

13 the United States regarding competition by state14 owned and state-controlled enterprises is to seek com15 mitments that— 

16 (A) eliminate or prevent trade distortions 

17 and unfair competition favoring state-owned and 

18 state-controlled enterprises to the extent of their 

19 engagement in commercial activity, and 

20 (B) ensure that such engagement is based 

21 solely on commercial considerations, 

22 in particular through disciplines that eliminate or 

23 prevent discrimination and market-distorting sub24 sidies and that promote transparency. 

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1 (9) LOCALIZATION BARRIERS TO TRADE.—The 

2 principal negotiating objective of the United States 

3 with respect to localization barriers is to eliminate 

4 and prevent measures that require United States pro5 ducers and service providers to locate facilities, intel6 lectual property, or other assets in a country as a 

7 market access or investment condition, including in8 digenous innovation measures. 

9 (10) LABOR AND THE ENVIRONMENT.—The prin10 cipal negotiating objectives of the United States with 

11 respect to labor and the environment are— 

12 (A) to ensure that a party to a trade agree13 ment with the United States— 

14 (i) adopts and maintains measures im15 plementing internationally recognized core 

16 labor standards (as defined in section 

17 11(17)) and its obligations under common 

18 multilateral environmental agreements (as 

19 defined in section 11(6)), 

20 (ii) does not waive or otherwise dero21 gate from, or offer to waive or otherwise 

22 derogate from— 

23 (I) its statutes or regulations im24 plementing internationally recognized 

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1 tion 11(17)), in a manner affecting 

2 trade or investment between the United 

3 States and that party, where the waiv4 er or derogation would be inconsistent 

5 with one or more such standards, or 

6 (II) its environmental laws in a 

7 manner that weakens or reduces the 

8 protections afforded in those laws and 

9 in a manner affecting trade or invest10 ment between the United States and 

11 that party, except as provided in its 

12 law and provided not inconsistent with 

13 its obligations under common multilat14 eral environmental agreements (as de15 fined in section 11(6)) or other provi16 sions of the trade agreement specifi17 cally agreed upon, and 

18 (iii) does not fail to effectively enforce 

19 its environmental or labor laws, through a 

20 sustained or recurring course of action or 

21 inaction, 

22 in a manner affecting trade or investment be23 tween the United States and that party after 

24 entry into force of a trade agreement between 

25 those countries; 

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1 (B) to recognize that— 

2 (i) with respect to environment, parties 

3 to a trade agreement retain the right to ex4 ercise prosecutorial discretion and to make 

5 decisions regarding the allocation of enforce6 ment resources with respect to other envi7 ronmental laws determined to have higher 

8 priorities, and a party is effectively enforc9 ing its laws if a course of action or inaction 

10 reflects a reasonable, bona fide exercise of 

11 such discretion, or results from a reason12 able, bona fide decision regarding the allo13 cation of resources; and 

14 (ii) with respect to labor, decisions re15 garding the distribution of enforcement re16 sources are not a reason for not complying 

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

18 a trade agreement retains the right to rea19 sonable exercise of discretion and to make 

20 bona fide decisions regarding the allocation 

21 of resources between labor enforcement ac22 tivities among core labor standards, pro23 vided the exercise of such discretion and 

24 such decisions are not inconsistent with its 

25 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(7)); 

5 (D) to strengthen the capacity of United 

6 States trading partners to protect the environ7 ment through the promotion of sustainable devel8 opment; 

9 (E) to reduce or eliminate government prac10 tices or policies that unduly threaten sustainable 

11 development; 

12 (F) to seek market access, through the elimi13 nation of tariffs and nontariff barriers, for 

14 United States environmental technologies, goods, 

15 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 serve 

21 as disguised barriers to trade; 

22 (H) to ensure that enforceable labor and en23 vironment obligations are subject to the same 

24 dispute settlement and remedies as other enforce25 able 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 the 

9 United States avoid manipulating exchange rates in 

10 order to prevent effective balance of payments adjust11 ment or to gain an unfair competitive advantage over 

12 other parties to the agreement, such as through coop13 erative mechanisms, enforceable rules, reporting, mon14 itoring, transparency, or other means, as appropriate. 

15 (12) WTO AND MULTILATERAL TRADE AGREE16 MENTS.—Recognizing that the World Trade Organi17 zation is the foundation of the global trading system, 

18 the principal negotiating objectives of the United 

19 States regarding the World Trade Organization, the 

20 Uruguay Round Agreements, and other multilateral 

21 and plurilateral trade agreements are— 

22 (A) to achieve full implementation and ex23 tend the coverage of the World Trade Organiza24 tion and multilateral and plurilateral agreemstockstill on DSK4VPTVN1PROD with BILLS

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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 Agree6 ment, and other plurilateral trade agreements of 

7 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, includ11 ing through utilization of global value chains, 

12 through the negotiation of new WTO multilateral 

13 and plurilateral trade agreements, such as an 

14 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.—The 

11 principal negotiating objective of the United States 

12 with respect to transparency is to obtain wider and 

13 broader application of the principle of transparency 

14 in the World Trade Organization, entities established 

15 under bilateral and regional trade agreements, and 

16 other international trade fora through seeking— 

17 (A) timely public access to information re18 garding trade issues and the activities of such 

19 institutions; 

20 (B) openness by ensuring public access to 

21 appropriate meetings, proceedings, and submis22 sions, including with regard to trade and invest23 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 influence 

7 acts, decisions, or omissions of foreign governments or 

8 officials or to secure any improper advantage in a 

9 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 at14 tempts to influence acts, decisions, or omissions 

15 of foreign governments or officials or to secure 

16 any such improper advantage; 

17 (B) to ensure that such standards level the 

18 playing field for United States persons in inter19 national trade and investment; and 

20 (C) to seek commitments to work jointly to 

21 encourage and support anti-corruption and anti22 bribery initiatives in international trade fora, 

23 including through the Convention on Combating 

24 Bribery of Foreign Public Officials in Inter25 national Business Transactions of the Organizamstockstill on DSK4VPTVN1PROD with BILLS

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1 tion for Economic Cooperation and Development, 

2 done at Paris December 17, 1997 (commonly 

3 known as the ‘‘OECD Anti-Bribery Conven4 tion’’). 

5 (15) DISPUTE SETTLEMENT AND ENFORCE6 MENT.—The principal negotiating objectives of the 

7 United States with respect to dispute settlement and 

8 enforcement of trade agreements are— 

9 (A) to seek provisions in trade agreements 

10 providing for resolution of disputes between gov11 ernments under those trade agreements in an ef12 fective, timely, transparent, equitable, and rea13 soned manner, requiring determinations based 

14 on facts and the principles of the agreements, 

15 with the goal of increasing compliance with the 

16 agreements; 

17 (B) to seek to strengthen the capacity of the 

18 Trade Policy Review Mechanism of the World 

19 Trade Organization to review compliance with 

20 commitments; 

21 (C) to seek adherence by panels convened 

22 under the Dispute Settlement Understanding 

23 and by the Appellate Body to— 

24 (i) the mandate of those panels and the 

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1 ment as written, without adding to or di2 minishing rights and obligations under the 

3 Agreement; and 

4 (ii) the standard of review applicable 

5 under the Uruguay Round Agreement in6 volved in the dispute, including greater def7 erence, where appropriate, to the fact find8 ing and technical expertise of national in9 vestigating authorities; 

10 (D) to seek provisions encouraging the early 

11 identification and settlement of disputes through 

12 consultation; 

13 (E) to seek provisions to encourage the pro14 vision of trade-expanding compensation if a 

15 party to a dispute under the agreement does not 

16 come into compliance with its obligations under 

17 the agreement; 

18 (F) to seek provisions to impose a penalty 

19 upon a party to a dispute under the agreement 

20 that— 

21 (i) encourages compliance with the ob22 ligations of the agreement; 

23 (ii) is appropriate to the parties, na24 ture, subject matter, and scope of the viola25 tion; 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 States 

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1 workers, agricultural producers, and firms can 

2 compete fully on fair terms and enjoy the bene3 fits 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 negotiating 

9 objective of the United States regarding border taxes 

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

11 Organization with respect to the treatment of border 

12 adjustments for internal taxes to redress the dis13 advantage 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 ex19 ports of textiles and apparel in foreign markets sub20 stantially equivalent to the competitive opportunities 

21 afforded foreign exports in United States markets and 

22 to achieve fairer and more open conditions of trade 

23 in textiles and apparel. 

24 (19) COMMERCIAL PARTNERSHIPS.— 

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1 (A) IN GENERAL.—With respect to an agree2 ment that is proposed to be entered into with the 

3 Transatlantic Trade and Investment Partnership 

4 countries and to which section 3(b) will apply, 

5 the principal negotiating objectives of the United 

6 States regarding commercial partnerships are 

7 the following: 

8 (i) To discourage actions by potential 

9 trading partners that directly or indirectly 

10 prejudice or otherwise discourage commer11 cial activity solely between the United 

12 States and Israel. 

13 (ii) To discourage politically motivated 

14 actions to boycott, divest from, or sanction 

15 Israel and to seek the elimination of politi16 cally motivated non-tariff barriers on 

17 Israeli goods, services, or other commerce 

18 imposed on the State of Israel. 

19 (iii) To seek the elimination of state20 sponsored unsanctioned foreign boycotts 

21 against Israel or compliance with the Arab 

22 League Boycott of Israel by prospective 

23 trading partners. 

24 (B) DEFINITION.—In this paragraph, the 

25 term ‘‘actions to boycott, divest from, or sanction 

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1 Israel’’ means actions by states, non-member 

2 states of the United Nations, international orga3 nizations, or affiliated agencies of international 

4 organizations that are politically motivated and 

5 are intended to penalize or otherwise limit com6 mercial relations specifically with Israel or per7 sons doing business in Israel or in Israeli-con8 trolled territories. 

9 (20) GOOD GOVERNANCE, TRANSPARENCY, THE

10 EFFECTIVE OPERATION OF LEGAL REGIMES, AND THE

11 RULE OF LAW OF TRADING PARTNERS.—The principal 

12 negotiating objectives of the United States with re13 spect to ensuring implementation of trade commit14 ments and obligations by strengthening good govern15 ance, transparency, the effective operation of legal re16 gimes and the rule of law of trading partners of the 

17 United States is through capacity building and other 

18 appropriate means, which are important parts of the 

19 broader effort to create more open democratic societies 

20 and to promote respect for internationally recognized 

21 human rights. 

22 (c) CAPACITY BUILDING AND OTHER PRIORITIES.—In 

23 order to address and maintain United States competitive24 ness in the global economy, the President shall— 

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1 (1) direct the heads of relevant Federal agen2 cies— 

3 (A) to work to strengthen the capacity of 

4 United States trading partners to carry out obli5 gations under trade agreements by consulting 

6 with any country seeking a trade agreement with 

7 the United States concerning that country’s laws 

8 relating to customs and trade facilitation, sani9 tary and phytosanitary measures, technical bar10 riers to trade, intellectual property rights, labor, 

11 and the environment; and 

12 (B) to provide technical assistance to that 

13 country if needed; 

14 (2) seek to establish consultative mechanisms 

15 among parties to trade agreements to strengthen the 

16 capacity of United States trading partners to develop 

17 and implement standards for the protection of the en18 vironment and human health based on sound science; 

19 (3) promote consideration of multilateral envi20 ronmental agreements and consult with parties to 

21 such agreements regarding the consistency of any such 

22 agreement that includes trade measures with existing 

23 environmental exceptions under Article XX of GATT 

24 1994; and 

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

2 of the House of Representatives and the Committee on 

3 Finance of the Senate an annual report on capacity4 building activities undertaken in connection with 

5 trade agreements negotiated or being negotiated pur6 suant to this Act. 

7 SEC. 3. TRADE AGREEMENTS AUTHORITY. 

8 (a) AGREEMENTS REGARDING TARIFF BARRIERS.— 

9 (1) IN GENERAL.—Whenever the President deter10 mines that one or more existing duties or other im11 port restrictions of any foreign country or the United 

12 States are unduly burdening and restricting the for13 eign trade of the United States and that the purposes, 

14 policies, priorities, and objectives of this Act will be 

15 promoted thereby, the President— 

16 (A) may enter into trade agreements with 

17 foreign countries before— 

18 (i) July 1, 2018; or 

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

20 procedures are extended under subsection 

21 (c); and 

22 (B) may, subject to paragraphs (2) and (3), 

23 proclaim— 

24 (i) such modification or continuance of 

25 any existing duty, 

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1 (ii) such continuance of existing duty 

2 free or excise treatment, or 

3 (iii) such additional duties, 

4 as the President determines to be required or ap5 propriate to carry out any such trade agreement. 

6 Substantial modifications to, or substantial addi7 tional provisions of, a trade agreement entered into 

8 after July 1, 2018, or July 1, 2021, if trade authori9 ties procedures are extended under subsection (c), 

10 shall not be eligible for approval under this Act. 

11 (2) NOTIFICATION.—The President shall notify 

12 Congress of the President’s intention to enter into an 

13 agreement under this subsection. 

14 (3) LIMITATIONS.—No proclamation may be 

15 made under paragraph (1) that— 

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

17 rate of duty that does not exceed 5 percent ad va18 lorem on the date of the enactment of this Act) 

19 to a rate of duty which is less than 50 percent 

20 of the rate of such duty that applies on such date 

21 of enactment; 

22 (B) reduces the rate of duty below that ap23 plicable under the Uruguay Round Agreements 

24 or a successor agreement, on any import sen25 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 of 

3 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 reduction, 

15 whichever is greater, had taken effect on the 

16 effective date of the first reduction pro17 claimed under paragraph (1) to carry out 

18 such agreement with respect to such article; 

19 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 of 

23 such first reduction. 

24 (B) EXEMPTION FROM STAGING.—No stag25 ing is required under subparagraph (A) with remstockstill on DSK4VPTVN1PROD with BILLS

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1 spect to a duty reduction that is proclaimed 

2 under paragraph (1) for an article of a kind 

3 that is not produced in the United States. The 

4 United States International Trade Commission 

5 shall advise the President of the identity of arti6 cles that may be exempted from staging under 

7 this subparagraph. 

8 (5) ROUNDING.—If the President determines that 

9 such action will simplify the computation of reduc10 tions under paragraph (4), the President may round 

11 an annual reduction by an amount equal to the lesser 

12 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 reduc18 tion that may not be proclaimed by reason of para19 graph (3) may take effect only if a provision author20 izing 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) 

25 through (6), and subject to the consultation and laymstockstill on DSK4VPTVN1PROD with BILLS

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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 negotiation 

8 for the reciprocal elimination or harmonization of du9 ties under the auspices of the World Trade Organiza10 tion. 

11 (8) AUTHORITY UNDER URUGUAY ROUND AGREE12 MENTS ACT NOT AFFECTED.—Nothing in this sub13 section shall limit the authority provided to the Presi14 dent under section 111(b) of the Uruguay Round 

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

16 (b) AGREEMENTS REGARDING TARIFF AND NONTARIFF

17 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 burdens 

24 or restricts the foreign trade of the United States 

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1 or adversely affects the United States economy, 

2 or 

3 (ii) the imposition of any such barrier or 

4 distortion is likely to result in such a burden, re5 striction, 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 sub10 paragraph (C). 

11 (B) The President may enter into a trade agree12 ment under subparagraph (A) with foreign countries 

13 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 agree20 ment under this paragraph before— 

21 (i) July 1, 2018; or 

22 (ii) July 1, 2021, if trade authorities proce23 dures are extended under subsection (c). 

24 Substantial modifications to, or substantial addi25 tional provisions of, a trade agreement entered into 

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1 after July 1, 2018, or July 1, 2021, if trade authori2 ties procedures are extended under subsection (c), 

3 shall not be eligible for approval under this Act. 

4 (2) CONDITIONS.—A trade agreement may be en5 tered into under this subsection only if such agree6 ment makes progress in meeting the applicable objec7 tives described in subsections (a) and (b) of section 2 

8 and the President satisfies the conditions set forth in 

9 sections 4 and 5. 

10 (3) BILLS QUALIFYING FOR TRADE AUTHORITIES

11 PROCEDURES.—(A) The provisions of section 151 of 

12 the Trade Act of 1974 (in this Act referred to as 

13 ‘‘trade authorities procedures’’) apply to a bill of ei14 ther House of Congress which contains provisions de15 scribed in subparagraph (B) to the same extent as 

16 such section 151 applies to implementing bills under 

17 that section. A bill to which this paragraph applies 

18 shall hereafter in this Act be referred to as an ‘‘imple19 menting bill’’. 

20 (B) The provisions referred to in subparagraph 

21 (A) are— 

22 (i) a provision approving a trade agreement 

23 entered into under this subsection and approving 

24 the statement of administrative action, if any, 

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1 proposed to implement such trade agreement; 

2 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 provi6 sions as are strictly necessary or appropriate to 

7 implement such trade agreement or agreements, 

8 either repealing or amending existing laws or 

9 providing new statutory authority. 

10 (c) EXTENSION DISAPPROVAL PROCESS FOR CONGRES11 SIONAL TRADE AUTHORITIES PROCEDURES.— 

12 (1) IN GENERAL.—Except as provided in section 

13 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 be 

19 extended to implementing bills submitted with 

20 respect to trade agreements entered into under 

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

22 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 im7 plementing bills described in paragraph (1)(B), the 

8 President shall submit to Congress, not later than 

9 April 1, 2018, a written report that contains a re10 quest 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 such 

14 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 justifies 

19 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 the 

2 Trade Act of 1974 (19 U.S.C. 2155) of the deci3 sion of the President to submit a report to Con4 gress under paragraph (2). The Advisory Com5 mittee shall submit to Congress as soon as prac6 ticable, but not later than June 1, 2018, a writ7 ten 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 the 

2 enactment of this Act and the date on which the 

3 President decides to seek an extension requested 

4 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 ei12 ther House of Congress, the sole matter after the re13 solving clause of which is as follows: ‘‘That the 

14 llll disapproves the request of the President for 

15 the extension, under section 3(c)(1)(B)(i) of the Bi16 partisan Congressional Trade Priorities and Account17 ability Act of 2015, of the trade authorities procedures 

18 under that Act to any implementing bill submitted 

19 with respect to any trade agreement entered into 

20 under section 3(b) of that Act after June 30, 2018.’’, 

21 with the blank space being filled with the name of the 

22 resolving 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. 2192) 

7 (relating to the floor consideration of certain resolu8 tions in the House and Senate) apply to extension 

9 disapproval resolutions. 

10 (D) It is not in order for— 

11 (i) the House of Representatives to consider 

12 any extension disapproval resolution not re13 ported 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 an 

19 extension disapproval resolution after June 30, 

20 2018. 

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

22 contribute to the continued economic expansion of the 

23 United States, the President shall commence negotiations 

24 covering tariff and nontariff barriers affecting any indus25 try, product, or service sector, and expand existing sectoral 

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1 agreements to countries that are not parties to those agree2 ments, in cases where the President determines that such 

3 negotiations are feasible and timely and would benefit the 

4 United States. Such sectors include agriculture, commercial 

5 services, intellectual property rights, industrial and capital 

6 goods, government procurement, information technology 

7 products, environmental technology and services, medical 

8 equipment and services, civil aircraft, and infrastructure 

9 products. In so doing, the President shall take into account 

10 all of the negotiating objectives set forth in section 2. 

11 SEC. 4. CONGRESSIONAL OVERSIGHT, CONSULTATIONS, 

12 AND ACCESS TO INFORMATION. 

13 (a) CONSULTATIONS WITH MEMBERS OF CONGRESS.— 

14 (1) CONSULTATIONS DURING NEGOTIATIONS.—In 

15 the course of negotiations conducted under this Act, 

16 the United States Trade Representative shall— 

17 (A) meet upon request with any Member of 

18 Congress regarding negotiating objectives, the 

19 status of negotiations in progress, and the nature 

20 of any changes in the laws of the United States 

21 or the administration of those laws that may be 

22 recommended to Congress to carry out any trade 

23 agreement or any requirement of, amendment to, 

24 or recommendation under, that agreement; 

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1 (B) upon request of any Member of Con2 gress, provide access to pertinent documents re3 lating to the negotiations, including classified 

4 materials; 

5 (C) consult closely and on a timely basis 

6 with, and keep fully apprised of the negotiations, 

7 the Committee on Ways and Means of the House 

8 of Representatives and the Committee on Fi9 nance of the Senate; 

10 (D) consult closely and on a timely basis 

11 with, and keep fully apprised of the negotiations, 

12 the House Advisory Group on Negotiations and 

13 the Senate Advisory Group on Negotiations con14 vened under subsection (c) and all committees of 

15 the House of Representatives and the Senate 

16 with jurisdiction over laws that could be affected 

17 by a trade agreement resulting from the negotia18 tions; and 

19 (E) with regard to any negotiations and 

20 agreement relating to agricultural trade, also 

21 consult closely and on a timely basis (including 

22 immediately before initialing an agreement) 

23 with, and keep fully apprised of the negotiations, 

24 the Committee on Agriculture of the House of 

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1 Representatives and the Committee on Agri2 culture, Nutrition, and Forestry of the Senate. 

3 (2) CONSULTATIONS PRIOR TO ENTRY INTO

4 FORCE.—Prior to exchanging notes providing for the 

5 entry into force of a trade agreement, the United 

6 States Trade Representative shall consult closely and 

7 on a timely basis with Members of Congress and com8 mittees as specified in paragraph (1), and keep them 

9 fully apprised of the measures a trading partner has 

10 taken to comply with those provisions of the agree11 ment that are to take effect on the date that the agree12 ment enters into force. 

13 (3) ENHANCED COORDINATION WITH CON14 GRESS.— 

15 (A) WRITTEN GUIDELINES.—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 House 

19 of Representatives and the Committee on Fi20 nance 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 on enhanced coordi24 nation with Congress, including coordina25 tion with designated congressional advisers 

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1 under subsection (b), regarding negotiations 

2 conducted under this Act; and 

3 (ii) may make such revisions to the 

4 guidelines as may be necessary from time to 

5 time. 

6 (B) CONTENT OF GUIDELINES.—The guide7 lines developed under subparagraph (A) shall en8 hance coordination with Congress through proce9 dures to ensure— 

10 (i) timely briefings upon request of 

11 any Member of Congress regarding negoti12 ating objectives, the status of negotiations in 

13 progress conducted under this Act, and the 

14 nature of any changes in the laws of the 

15 United States or the administration of those 

16 laws that may be recommended to Congress 

17 to carry out any trade agreement or any re18 quirement of, amendment to, or rec19 ommendation under, that agreement; and 

20 (ii) the sharing of detailed and timely 

21 information with Members of Congress, and 

22 their staff with proper security clearances 

23 as appropriate, regarding those negotiations 

24 and pertinent documents related to those ne25 gotiations (including classified informamstockstill on DSK4VPTVN1PROD with BILLS

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1 tion), and with committee staff with proper 

2 security clearances as would be appropriate 

3 in the light of the responsibilities of that 

4 committee over the trade agreements pro5 grams affected by those negotiations. 

6 (C) DISSEMINATION.—The United States 

7 Trade Representative shall disseminate the 

8 guidelines developed under subparagraph (A) to 

9 all Federal agencies that could have jurisdiction 

10 over laws affected by trade negotiations. 

11 (b) DESIGNATED CONGRESSIONAL ADVISERS.— 

12 (1) DESIGNATION.— 

13 (A) HOUSE OF REPRESENTATIVES.—In 

14 each Congress, any Member of the House of Rep15 resentatives may be designated as a congres16 sional adviser on trade policy and negotiations 

17 by the Speaker of the House of Representatives, 

18 after consulting with the chairman and ranking 

19 member of the Committee on Ways and Means 

20 and the chairman and ranking member of the 

21 committee from which the Member will be se22 lected. 

23 (B) SENATE.—In each Congress, any Mem24 ber of the Senate may be designated as a con25 gressional adviser on trade policy and negotiamstockstill on DSK4VPTVN1PROD with BILLS

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1 tions by the President pro tempore of the Senate, 

2 after consultation with the chairman and rank3 ing member of the Committee on Finance and 

4 the chairman and ranking member of the com5 mittee from which the Member will be selected. 

6 (2) CONSULTATIONS WITH DESIGNATED CON7 GRESSIONAL ADVISERS.—In the course of negotiations 

8 conducted under this Act, the United States Trade 

9 Representative shall consult closely and on a timely 

10 basis (including immediately before initialing an 

11 agreement) with, and keep fully apprised of the nego12 tiations, the congressional advisers for trade policy 

13 and negotiations designated under paragraph (1). 

14 (3) ACCREDITATION.—Each Member of Congress 

15 designated as a congressional adviser under para16 graph (1) shall be accredited by the United States 

17 Trade Representative on behalf of the President as an 

18 official adviser to the United States delegations to 

19 international conferences, meetings, and negotiating 

20 sessions relating to trade agreements. 

21 (c) CONGRESSIONAL ADVISORY GROUPS ON NEGOTIA22 TIONS.— 

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

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

25 later than 30 days after the convening of each Conmstockstill on DSK4VPTVN1PROD with BILLS

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1 gress, the chairman of the Committee on Ways and 

2 Means of the House of Representatives shall convene 

3 the House Advisory Group on Negotiations and the 

4 chairman of the Committee on Finance of the Senate 

5 shall convene the Senate Advisory Group on Negotia6 tions (in this subsection referred to collectively as the 

7 ‘‘congressional advisory groups’’). 

8 (2) MEMBERS AND FUNCTIONS.— 

9 (A) MEMBERSHIP OF THE HOUSE ADVISORY

10 GROUP ON NEGOTIATIONS.—In each Congress, 

11 the House Advisory Group on Negotiations shall 

12 be comprised of the following Members of the 

13 House of Representatives: 

14 (i) The chairman and ranking member 

15 of the Committee on Ways and Means, and 

16 3 additional members of such Committee 

17 (not more than 2 of whom are members of 

18 the same political party). 

19 (ii) The chairman and ranking mem20 ber, or their designees, of the committees of 

21 the House of Representatives that would 

22 have, under the Rules of the House of Rep23 resentatives, jurisdiction over provisions of 

24 law affected by a trade agreement negotia25 tion conducted at any time during that 

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1 Congress and to which this Act would 

2 apply. 

3 (B) MEMBERSHIP OF THE SENATE ADVI4 SORY GROUP ON NEGOTIATIONS.—In each Con5 gress, the Senate Advisory Group on Negotia6 tions shall be comprised of the following Members 

7 of the Senate: 

8 (i) The chairman and ranking member 

9 of the Committee on Finance and 3 addi10 tional members of such Committee (not 

11 more than 2 of whom are members of the 

12 same political party). 

13 (ii) The chairman and ranking mem14 ber, or their designees, of the committees of 

15 the Senate that would have, under the Rules 

16 of the Senate, jurisdiction over provisions of 

17 law affected by a trade agreement negotia18 tion conducted at any time during that 

19 Congress and to which this Act would 

20 apply. 

21 (C) ACCREDITATION.—Each member of the 

22 congressional advisory groups described in sub23 paragraphs (A)(i) and (B)(i) shall be accredited 

24 by the United States Trade Representative on be25 half of the President as an official adviser to the 

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1 United States delegation in negotiations for any 

2 trade agreement to which this Act applies. Each 

3 member of the congressional advisory groups de4 scribed in subparagraphs (A)(ii) and (B)(ii) 

5 shall be accredited by the United States Trade 

6 Representative on behalf of the President as an 

7 official adviser to the United States delegation in 

8 the negotiations by reason of which the member 

9 is in one of the congressional advisory groups. 

10 (D) CONSULTATION AND ADVICE.—The con11 gressional advisory groups shall consult with 

12 and provide advice to the Trade Representative 

13 regarding the formulation of specific objectives, 

14 negotiating strategies and positions, the develop15 ment of the applicable trade agreement, and 

16 compliance and enforcement of the negotiated 

17 commitments under the trade agreement. 

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

19 Negotiations shall be chaired by the Chairman of 

20 the Committee on Ways and Means of the House 

21 of Representatives and the Senate Advisory 

22 Group on Negotiations shall be chaired by the 

23 Chairman of the Committee on Finance of the 

24 Senate. 

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1 (F) COORDINATION WITH OTHER COMMIT2 TEES.—Members of any committee represented 

3 on one of the congressional advisory groups may 

4 submit comments to the member of the appro5 priate congressional advisory group from that 

6 committee regarding any matter related to a ne7 gotiation for any trade agreement to which this 

8 Act applies. 

9 (3) GUIDELINES.— 

10 (A) PURPOSE AND REVISION.—The United 

11 States Trade Representative, in consultation 

12 with the chairmen and the ranking members of 

13 the Committee on Ways and Means of the House 

14 of Representatives and the Committee on Fi15 nance of the Senate, respectively— 

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

17 the date of the enactment of this Act, de18 velop written guidelines to facilitate the use19 ful and timely exchange of information be20 tween the Trade Representative and the con21 gressional advisory groups; and 

22 (ii) may make such revisions to the 

23 guidelines as may be necessary from time to 

24 time. 

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1 (B) CONTENT.—The guidelines developed 

2 under subparagraph (A) shall provide for, 

3 among other things— 

4 (i) detailed briefings on a fixed time5 table to be specified in the guidelines of the 

6 congressional advisory groups regarding ne7 gotiating objectives and positions and the 

8 status of the applicable negotiations, begin9 ning as soon as practicable after the con10 gressional advisory groups are convened, 

11 with more frequent briefings as trade nego12 tiations enter the final stage; 

13 (ii) access by members of the congres14 sional advisory groups, and staff with prop15 er security clearances, to pertinent docu16 ments relating to the negotiations, including 

17 classified materials; 

18 (iii) the closest practicable coordina19 tion between the Trade Representative and 

20 the congressional advisory groups at all 

21 critical periods during the negotiations, in22 cluding at negotiation sites; 

23 (iv) after the applicable trade agree24 ment is concluded, consultation regarding 

25 ongoing compliance and enforcement of nemstockstill on DSK4VPTVN1PROD with BILLS

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1 gotiated commitments under the trade 

2 agreement; and 

3 (v) the timeframe for submitting the 

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

5 (4) REQUEST FOR MEETING.—Upon the request 

6 of a majority of either of the congressional advisory 

7 groups, the President shall meet with that congres8 sional advisory group before initiating negotiations 

9 with respect to a trade agreement, or at any other 

10 time concerning the negotiations. 

11 (d) CONSULTATIONS WITH THE PUBLIC.— 

12 (1) GUIDELINES FOR PUBLIC ENGAGEMENT.— 

13 The United States Trade Representative, in consulta14 tion with the chairmen and the ranking members of 

15 the Committee on Ways and Means of the House of 

16 Representatives and the Committee on Finance of the 

17 Senate, respectively— 

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

19 date of the enactment of this Act, develop written 

20 guidelines on public access to information re21 garding negotiations conducted under this Act; 

22 and 

23 (B) may make such revisions to the guide24 lines as may be necessary from time to time. 

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1 (2) PURPOSES.—The guidelines developed under 

2 paragraph (1) shall— 

3 (A) facilitate transparency; 

4 (B) encourage public participation; and 

5 (C) promote collaboration in the negotiation 

6 process. 

7 (3) CONTENT.—The guidelines developed under 

8 paragraph (1) shall include procedures that— 

9 (A) provide for rapid disclosure of informa10 tion in forms that the public can readily find 

11 and use; and 

12 (B) provide frequent opportunities for pub13 lic input through Federal Register requests for 

14 comment and other means. 

15 (4) DISSEMINATION.—The United States Trade 

16 Representative shall disseminate the guidelines devel17 oped under paragraph (1) to all Federal agencies that 

18 could have jurisdiction over laws affected by trade ne19 gotiations. 

20 (e) CONSULTATIONS WITH ADVISORY COMMITTEES.— 

21 (1) GUIDELINES FOR ENGAGEMENT WITH ADVI22 SORY COMMITTEES.—The United States Trade Rep23 resentative, in consultation with the chairmen and 

24 the ranking members of the Committee on Ways and 

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1 Means of the House of Representatives and the Com2 mittee on Finance of the Senate, respectively— 

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

4 date of the enactment of this Act, develop written 

5 guidelines on enhanced coordination with advi6 sory committees established pursuant to section 

7 135 of the Trade Act of 1974 (19 U.S.C. 2155) 

8 regarding negotiations conducted under this Act; 

9 and 

10 (B) may make such revisions to the guide11 lines as may be necessary from time to time. 

12 (2) CONTENT.—The guidelines developed under 

13 paragraph (1) shall enhance coordination with advi14 sory committees described in that paragraph through 

15 procedures to ensure— 

16 (A) timely briefings of advisory committees 

17 and regular opportunities for advisory commit18 tees to provide input throughout the negotiation 

19 process on matters relevant to the sectors or func20 tional areas represented by those committees; and 

21 (B) the sharing of detailed and timely in22 formation with each member of an advisory com23 mittee regarding negotiations and pertinent doc24 uments related to the negotiation (including clas25 sified information) on matters relevant to the 

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1 sectors or functional areas the member rep2 resents, and with a designee with proper security 

3 clearances of each such member as appropriate. 

4 (3) DISSEMINATION.—The United States Trade 

5 Representative shall disseminate the guidelines devel6 oped under paragraph (1) to all Federal agencies that 

7 could have jurisdiction over laws affected by trade ne8 gotiations. 

9 (f) ESTABLISHMENT OF POSITION OF CHIEF TRANS10 PARENCY OFFICER IN THE OFFICE OF THE UNITED STATES

11 TRADE REPRESENTATIVE.—Section 141(b) of the Trade Act 

12 of 1974 (19 U.S.C. 2171(b)) is amended— 

13 (1) by redesignating paragraph (3) as para14 graph (4); and 

15 (2) by inserting after paragraph (2) the fol16 lowing: 

17 ‘‘(3) There shall be in the Office one Chief Trans18 parency Officer. The Chief Transparency Officer shall con19 sult with Congress on transparency policy, coordinate 

20 transparency in trade negotiations, engage and assist the 

21 public, and advise the United States Trade Representative 

22 on transparency policy.’’. 

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

24 (a) NOTICE, CONSULTATIONS, AND REPORTS BEFORE

25 NEGOTIATION.— 

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

2 agreement that is subject to the provisions of section 

3 3(b), shall— 

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

5 initiating negotiations with a country, written 

6 notice to Congress of the President’s intention to 

7 enter into the negotiations with that country and 

8 set forth in the notice the date on which the 

9 President intends to initiate those negotiations, 

10 the specific United States objectives for the nego11 tiations with that country, and whether the 

12 President intends to seek an agreement, or 

13 changes to an existing agreement; 

14 (B) before and after submission of the no15 tice, consult regarding the negotiations with the 

16 Committee on Ways and Means of the House of 

17 Representatives and the Committee on Finance 

18 of the Senate, such other committees of the House 

19 and Senate as the President deems appropriate, 

20 and the House Advisory Group on Negotiations 

21 and the Senate Advisory Group on Negotiations 

22 convened under section 4(c); 

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

24 members of either the House Advisory Group on 

25 Negotiations or the Senate Advisory Group on 

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1 Negotiations convened under section 4(c), meet 

2 with the requesting congressional advisory group 

3 before initiating the negotiations or at any other 

4 time concerning the negotiations; and 

5 (D) after consulting with the Committee on 

6 Ways and Means and the Committee on Finance, 

7 and at least 30 calendar days before initiating 

8 negotiations with a country, publish on a pub9 licly available Internet website of the Office of 

10 the United States Trade Representative, and reg11 ularly update thereafter, a detailed and com12 prehensive summary of the specific objectives 

13 with respect to the negotiations, and a descrip14 tion of how the agreement, if successfully con15 cluded, will further those objectives and benefit 

16 the United States. 

17 (2) NEGOTIATIONS REGARDING AGRICULTURE.— 

18 (A) ASSESSMENT AND CONSULTATIONS FOL19 LOWING ASSESSMENT.—Before initiating or con20 tinuing negotiations the subject matter of which 

21 is directly related to the subject matter under 

22 section 2(b)(3)(B) with any country, the Presi23 dent shall— 

24 (i) assess whether United States tariffs 

25 on agricultural products that were bound 

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1 under the Uruguay Round Agreements are 

2 lower than the tariffs bound by that coun3 try; 

4 (ii) consider whether the tariff levels 

5 bound and applied throughout the world 

6 with respect to imports from the United 

7 States are higher than United States tariffs 

8 and whether the negotiation provides an op9 portunity to address any such disparity; 

10 and 

11 (iii) consult with the Committee on 

12 Ways and Means and the Committee on Ag13 riculture of the House of Representatives 

14 and the Committee on Finance and the 

15 Committee on Agriculture, Nutrition, and 

16 Forestry of the Senate concerning the results 

17 of the assessment, whether it is appropriate 

18 for the United States to agree to further tar19 iff reductions based on the conclusions 

20 reached in the assessment, and how all ap21 plicable negotiating objectives will be met. 

22 (B) SPECIAL CONSULTATIONS ON IMPORT

23 SENSITIVE PRODUCTS.—(i) Before initiating ne24 gotiations with regard to agriculture and, with 

25 respect to agreements described in paragraphs 

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1 (2) and (3) of section 7(a), as soon as practicable 

2 after the date of the enactment of this Act, the 

3 United States Trade Representative shall— 

4 (I) identify those agricultural products 

5 subject to tariff rate quotas on the date of 

6 enactment of this Act, and agricultural 

7 products subject to tariff reductions by the 

8 United States as a result of the Uruguay 

9 Round Agreements, for which the rate of 

10 duty was reduced on January 1, 1995, to a 

11 rate which was not less than 97.5 percent of 

12 the rate of duty that applied to such article 

13 on December 31, 1994; 

14 (II) consult with the Committee on 

15 Ways and Means and the Committee on Ag16 riculture of the House of Representatives 

17 and the Committee on Finance and the 

18 Committee on Agriculture, Nutrition, and 

19 Forestry of the Senate concerning— 

20 (aa) whether any further tariff re21 ductions on the products identified 

22 under subclause (I) should be appro23 priate, taking into account the impact 

24 of any such tariff reduction on the 

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1 United States industry producing the 

2 product concerned; 

3 (bb) whether the products so iden4 tified face unjustified sanitary or 

5 phytosanitary restrictions, including 

6 those not based on scientific principles 

7 in contravention of the Uruguay 

8 Round Agreements; and 

9 (cc) whether the countries partici10 pating in the negotiations maintain 

11 export subsidies or other programs, 

12 policies, or practices that distort world 

13 trade in such products and the impact 

14 of such programs, policies, and prac15 tices on United States producers of the 

16 products; 

17 (III) request that the International 

18 Trade Commission prepare an assessment of 

19 the probable economic effects of any such 

20 tariff reduction on the United States indus21 try producing the product concerned and on 

22 the United States economy as a whole; and 

23 (IV) upon complying with subclauses 

24 (I), (II), and (III), notify the Committee on 

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1 riculture of the House of Representatives 

2 and the Committee on Finance and the 

3 Committee on Agriculture, Nutrition, and 

4 Forestry of the Senate of those products 

5 identified under subclause (I) for which the 

6 Trade Representative intends to seek tariff 

7 liberalization in the negotiations and the 

8 reasons for seeking such tariff liberalization. 

9 (ii) If, after negotiations described in clause 

10 (i) are commenced— 

11 (I) the United States Trade Represent12 ative identifies any additional agricultural 

13 product described in clause (i)(I) for tariff 

14 reductions which were not the subject of a 

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

16 (II) any additional agricultural prod17 uct described in clause (i)(I) is the subject 

18 of a request for tariff reductions by a party 

19 to the negotiations, 

20 the Trade Representative shall, as soon as prac21 ticable, notify the committees referred to in 

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

23 for seeking such tariff reductions. 

24 (3) NEGOTIATIONS REGARDING THE FISHING IN25 DUSTRY.—Before initiating, or continuing, negotiamstockstill on DSK4VPTVN1PROD with BILLS

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1 tions that directly relate to fish or shellfish trade with 

2 any country, the President shall consult with the 

3 Committee on Ways and Means and the Committee 

4 on Natural Resources of the House of Representatives, 

5 and the Committee on Finance and the Committee on 

6 Commerce, Science, and Transportation of the Senate, 

7 and shall keep the Committees apprised of the nego8 tiations on an ongoing and timely basis. 

9 (4) NEGOTIATIONS REGARDING TEXTILES.—Be10 fore initiating or continuing negotiations the subject 

11 matter of which is directly related to textiles and ap12 parel products with any country, the President 

13 shall— 

14 (A) assess whether United States tariffs on 

15 textile and apparel products that were bound 

16 under the Uruguay Round Agreements are lower 

17 than the tariffs bound by that country and 

18 whether the negotiation provides an opportunity 

19 to address any such disparity; and 

20 (B) consult with the Committee on Ways 

21 and Means of the House of Representatives and 

22 the Committee on Finance of the Senate con23 cerning the results of the assessment, whether it 

24 is appropriate for the United States to agree to 

25 further tariff reductions based on the conclusions 

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1 reached in the assessment, and how all applica2 ble negotiating objectives will be met. 

3 (5) ADHERENCE TO EXISTING INTERNATIONAL

4 TRADE AND INVESTMENT AGREEMENT OBLIGA5 TIONS.—In determining whether to enter into nego6 tiations with a particular country, the President shall 

7 take into account the extent to which that country has 

8 implemented, or has accelerated the implementation 

9 of, its international trade and investment commit10 ments to the United States, including pursuant to the 

11 WTO Agreement. 

12 (b) CONSULTATION WITH CONGRESS BEFORE ENTRY

13 INTO AGREEMENT.— 

14 (1) CONSULTATION.—Before entering into any 

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

16 shall consult with— 

17 (A) the Committee on Ways and Means of 

18 the House of Representatives and the Committee 

19 on Finance of the Senate; 

20 (B) each other committee of the House and 

21 the Senate, and each joint committee of Congress, 

22 which has jurisdiction over legislation involving 

23 subject matters which would be affected by the 

24 trade agreement; and 

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1 (C) the House Advisory Group on Negotia2 tions and the Senate Advisory Group on Nego3 tiations convened under section 4(c). 

4 (2) SCOPE.—The consultation described in para5 graph (1) shall include consultation with respect to— 

6 (A) the nature of the agreement; 

7 (B) how and to what extent the agreement 

8 will achieve the applicable purposes, policies, 

9 priorities, and objectives of this Act; and 

10 (C) the implementation of the agreement 

11 under section 6, including the general effect of 

12 the agreement on existing laws. 

13 (3) REPORT REGARDING UNITED STATES TRADE

14 REMEDY LAWS.— 

15 (A) CHANGES IN CERTAIN TRADE LAWS.— 

16 The President, not less than 180 calendar days 

17 before the day on which the President enters into 

18 a trade agreement under section 3(b), shall re19 port to the Committee on Ways and Means of the 

20 House of Representatives and the Committee on 

21 Finance of the Senate— 

22 (i) the range of proposals advanced in 

23 the negotiations with respect to that agree24 ment, that may be in the final agreement, 

25 and that could require amendments to title 

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

2 1671 et seq.) or to chapter 1 of title II of 

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

4 seq.); and 

5 (ii) how these proposals relate to the 

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

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

8 the transmission of the report under subpara9 graph (A), if a resolution is introduced with re10 spect to that report in either House of Congress, 

11 the procedures set forth in clauses (iii) through 

12 (vii) shall apply to that resolution if— 

13 (I) no other resolution with respect to 

14 that report has previously been reported in 

15 that House of Congress by the Committee on 

16 Ways and Means or the Committee on Fi17 nance, as the case may be, pursuant to those 

18 procedures; and 

19 (II) no procedural disapproval resolu20 tion under section 6(b) introduced with re21 spect to a trade agreement entered into pur22 suant to the negotiations to which the report 

23 under subparagraph (A) relates has pre24 viously been reported in that House of Con25 gress by the Committee on Ways and Means 

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1 or the Committee on Finance, as the case 

2 may be. 

3 (ii) For purposes of this subparagraph, the 

4 term ‘‘resolution’’ means only a resolution of ei5 ther House of Congress, the matter after the re6 solving clause of which is as follows: ‘‘That the 

7 llll finds that the proposed changes to 

8 United States trade remedy laws contained in 

9 the report of the President transmitted to Con10 gress on llll under section 5(b)(3) of the 

11 Bipartisan Congressional Trade Priorities and 

12 Accountability Act of 2015 with respect to 

13 llll, are inconsistent with the negotiating 

14 objectives described in section 2(b)(16) of that 

15 Act.’’, with the first blank space being filled with 

16 the name of the resolving House of Congress, the 

17 second blank space being filled with the appro18 priate date of the report, and the third blank 

19 space being filled with the name of the country 

20 or countries involved. 

21 (iii) Resolutions in the House of Represent22 atives— 

23 (I) may be introduced by any Member 

24 of the House; 

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1 (II) shall be referred to the Committee 

2 on Ways and Means and, in addition, to 

3 the Committee on Rules; and 

4 (III) may not be amended by either 

5 Committee. 

6 (iv) Resolutions in the Senate— 

7 (I) may be introduced by any Member 

8 of the Senate; 

9 (II) shall be referred to the Committee 

10 on Finance; and 

11 (III) may not be amended. 

12 (v) It is not in order for the House of Rep13 resentatives to consider any resolution that is 

14 not reported by the Committee on Ways and 

15 Means and, in addition, by the Committee on 

16 Rules. 

17 (vi) It is not in order for the Senate to con18 sider any resolution that is not reported by the 

19 Committee on Finance. 

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

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

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

23 certain resolutions in the House and Senate) 

24 shall apply to resolutions. 

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1 (4) ADVISORY COMMITTEE REPORTS.—The report 

2 required under section 135(e)(1) of the Trade Act of 

3 1974 (19 U.S.C. 2155(e)(1)) regarding any trade 

4 agreement entered into under subsection (a) or (b) of 

5 section 3 shall be provided to the President, Congress, 

6 and the United States Trade Representative not later 

7 than 30 days after the date on which the President 

8 notifies Congress under section 3(a)(2) or 6(a)(1)(A) 

9 of the intention of the President to enter into the 

10 agreement. 

11 (c) INTERNATIONAL TRADE COMMISSION ASSESS12 MENT.— 

13 (1) SUBMISSION OF INFORMATION TO COMMIS14 SION.—The President, not later than 90 calendar 

15 days before the day on which the President enters into 

16 a trade agreement under section 3(b), shall provide 

17 the International Trade Commission (referred to in 

18 this subsection as the ‘‘Commission’’) with the details 

19 of the agreement as it exists at that time and request 

20 the Commission to prepare and submit an assessment 

21 of the agreement as described in paragraph (2). Be22 tween the time the President makes the request under 

23 this paragraph and the time the Commission submits 

24 the assessment, the President shall keep the Commismstockstill on DSK4VPTVN1PROD with BILLS

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1 sion current with respect to the details of the agree2 ment. 

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

4 days after the President enters into a trade agreement 

5 under section 3(b), the Commission shall submit to 

6 the President and Congress a report assessing the like7 ly impact of the agreement on the United States econ8 omy as a whole and on specific industry sectors, in9 cluding the impact the agreement will have on the 

10 gross domestic product, exports and imports, aggre11 gate employment and employment opportunities, the 

12 production, employment, and competitive position of 

13 industries likely to be significantly affected by the 

14 agreement, and the interests of United States con15 sumers. 

16 (3) REVIEW OF EMPIRICAL LITERATURE.—In 

17 preparing the assessment under paragraph (2), the 

18 Commission shall review available economic assess19 ments regarding the agreement, including literature 

20 regarding any substantially equivalent proposed 

21 agreement, and shall provide in its assessment a de22 scription of the analyses used and conclusions drawn 

23 in such literature, and a discussion of areas of con24 sensus and divergence between the various analyses 

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1 and conclusions, including those of the Commission 

2 regarding the agreement. 

3 (4) PUBLIC AVAILABILITY.—The President shall 

4 make each assessment under paragraph (2) available 

5 to the public. 

6 (d) REPORTS SUBMITTED TO COMMITTEES WITH

7 AGREEMENT.— 

8 (1) ENVIRONMENTAL REVIEWS AND REPORTS.— 

9 The President shall— 

10 (A) conduct environmental reviews of future 

11 trade and investment agreements, consistent with 

12 Executive Order 13141 (64 Fed. Reg. 63169), 

13 dated November 16, 1999, and its relevant guide14 lines; and 

15 (B) submit a report on those reviews and on 

16 the content and operation of consultative mecha17 nisms established pursuant to section 2(c) to the 

18 Committee on Ways and Means of the House of 

19 Representatives and the Committee on Finance 

20 of the Senate at the time the President submits 

21 to Congress a copy of the final legal text of an 

22 agreement pursuant to section 6(a)(1)(E). 

23 (2) EMPLOYMENT IMPACT REVIEWS AND RE24 PORTS.—The President shall— 

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1 (A) review the impact of future trade agree2 ments on United States employment, including 

3 labor markets, modeled after Executive Order 

4 13141 (64 Fed. Reg. 63169) to the extent appro5 priate in establishing procedures and criteria; 

6 and 

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

8 Committee on Ways and Means of the House of 

9 Representatives and the Committee on Finance 

10 of the Senate at the time the President submits 

11 to Congress a copy of the final legal text of an 

12 agreement pursuant to section 6(a)(1)(E). 

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

14 shall submit to the Committee on Ways and Means of 

15 the House of Representatives and the Committee on 

16 Finance of the Senate, on a timeframe determined in 

17 accordance with section 4(c)(3)(B)(v)— 

18 (A) a meaningful labor rights report of the 

19 country, or countries, with respect to which the 

20 President is negotiating; and 

21 (B) a description of any provisions that 

22 would require changes to the labor laws and 

23 labor practices of the United States. 

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1 (4) PUBLIC AVAILABILITY.—The President shall 

2 make all reports required under this subsection avail3 able to the public. 

4 (e) IMPLEMENTATION AND ENFORCEMENT PLAN.— 

5 (1) IN GENERAL.—At the time the President sub6 mits to Congress a copy of the final legal text of an 

7 agreement pursuant to section 6(a)(1)(E), the Presi8 dent shall also submit to Congress a plan for imple9 menting and enforcing the agreement. 

10 (2) ELEMENTS.—The implementation and en11 forcement plan required by paragraph (1) shall in12 clude the following: 

13 (A) BORDER PERSONNEL REQUIREMENTS.— 

14 A description of additional personnel required at 

15 border entry points, including a list of addi16 tional customs and agricultural inspectors. 

17 (B) AGENCY STAFFING REQUIREMENTS.—A 

18 description of additional personnel required by 

19 Federal agencies responsible for monitoring and 

20 implementing the trade agreement, including 

21 personnel required by the Office of the United 

22 States Trade Representative, the Department of 

23 Commerce, the Department of Agriculture (in24 cluding additional personnel required to imple25 ment sanitary and phytosanitary measures in 

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1 order to obtain market access for United States 

2 exports), the Department of Homeland Security, 

3 the Department of the Treasury, and such other 

4 agencies as may be necessary. 

5 (C) CUSTOMS INFRASTRUCTURE REQUIRE6 MENTS.—A description of the additional equip7 ment and facilities needed by U.S. Customs and 

8 Border Protection. 

9 (D) IMPACT ON STATE AND LOCAL GOVERN10 MENTS.—A description of the impact the trade 

11 agreement will have on State and local govern12 ments as a result of increases in trade. 

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

14 costs associated with each of the items listed in 

15 subparagraphs (A) through (D). 

16 (3) BUDGET SUBMISSION.—The President shall 

17 include a request for the resources necessary to sup18 port the plan required by paragraph (1) in the first 

19 budget of the President submitted to Congress under 

20 section 1105(a) of title 31, United States Code, after 

21 the date of the submission of the plan. 

22 (4) PUBLIC AVAILABILITY.—The President shall 

23 make the plan required under this subsection avail24 able to the public. 

25 (f) OTHER REPORTS.— 

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

2 year after the imposition by the United States of a 

3 penalty or remedy permitted by a trade agreement to 

4 which this Act applies, the President shall submit to 

5 the Committee on Ways and Means of the House of 

6 Representatives and the Committee on Finance of the 

7 Senate a report on the effectiveness of the penalty or 

8 remedy applied under United States law in enforcing 

9 United States rights under the trade agreement, 

10 which shall address whether the penalty or remedy 

11 was effective in changing the behavior of the targeted 

12 party and whether the penalty or remedy had any 

13 adverse impact on parties or interests not party to 

14 the dispute. 

15 (2) REPORT ON IMPACT OF TRADE PROMOTION

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

17 of the enactment of this Act, and not later than 5 

18 years thereafter, the United States International 

19 Trade Commission shall submit to the Committee on 

20 Ways and Means of the House of Representatives and 

21 the Committee on Finance of the Senate a report on 

22 the economic impact on the United States of all trade 

23 agreements with respect to which Congress has en24 acted an implementing bill under trade authorities 

25 procedures since January 1, 1984. 

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1 (3) ENFORCEMENT CONSULTATIONS AND RE2 PORTS.—(A) The United States Trade Representative 

3 shall consult with the Committee on Ways and Means 

4 of the House of Representatives and the Committee on 

5 Finance of the Senate after acceptance of a petition 

6 for review or taking an enforcement action in regard 

7 to an obligation under a trade agreement, including 

8 a labor or environmental obligation. During such 

9 consultations, the United States Trade Representative 

10 shall describe the matter, including the basis for such 

11 action and the application of any relevant legal obli12 gations. 

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

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

15 2213), the President shall report annually to Congress 

16 on enforcement actions taken pursuant to a trade 

17 agreement to which the United States is a party, as 

18 well as on any public reports issued by Federal agen19 cies on enforcement matters relating to a trade agree20 ment. 

21 (g) ADDITIONAL COORDINATION WITH MEMBERS.— 

22 Any Member of the House of Representatives may submit 

23 to the Committee on Ways and Means of the House of Rep24 resentatives and any Member of the Senate may submit to 

25 the Committee on Finance of the Senate the views of that 

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1 Member on any matter relevant to a proposed trade agree2 ment, and the relevant Committee shall receive those views 

3 for consideration. 

4 SEC. 6. IMPLEMENTATION OF TRADE AGREEMENTS. 

5 (a) IN GENERAL.— 

6 (1) NOTIFICATION AND SUBMISSION.—Any agree7 ment entered into under section 3(b) shall enter into 

8 force with respect to the United States if (and only 

9 if)— 

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

11 before the day on which the President enters into 

12 the trade agreement, notifies the House of Rep13 resentatives and the Senate of the President’s in14 tention to enter into the agreement, and prompt15 ly thereafter publishes notice of such intention in 

16 the Federal Register; 

17 (B) the President, at least 60 days before 

18 the day on which the President enters into the 

19 agreement, publishes the text of the agreement on 

20 a publicly available Internet website of the Office 

21 of the United States Trade Representative; 

22 (C) within 60 days after entering into the 

23 agreement, the President submits to Congress a 

24 description of those changes to existing laws that 

25 the President considers would be required in 

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1 order to bring the United States into compliance 

2 with the agreement; 

3 (D) the President, at least 30 days before 

4 submitting to Congress the materials under sub5 paragraph (E), submits to Congress— 

6 (i) a draft statement of any adminis7 trative action proposed to implement the 

8 agreement; and 

9 (ii) a copy of the final legal text of the 

10 agreement; 

11 (E) after entering into the agreement, the 

12 President submits to Congress, on a day on 

13 which both Houses of Congress are in session, a 

14 copy of the final legal text of the agreement, to15 gether with— 

16 (i) a draft of an implementing bill de17 scribed in section 3(b)(3); 

18 (ii) a statement of any administrative 

19 action proposed to implement the trade 

20 agreement; and 

21 (iii) the supporting information de22 scribed in paragraph (2)(A); 

23 (F) the implementing bill is enacted into 

24 law; and 

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1 (G) the President, not later than 30 days 

2 before the date on which the agreement enters 

3 into force with respect to a party to the agree4 ment, submits written notice to Congress that the 

5 President has determined that the party has 

6 taken measures necessary to comply with those 

7 provisions of the agreement that are to take effect 

8 on the date on which the agreement enters into 

9 force. 

10 (2) SUPPORTING INFORMATION.— 

11 (A) IN GENERAL.—The supporting informa12 tion required under paragraph (1)(E)(iii) con13 sists of— 

14 (i) an explanation as to how the im15 plementing bill and proposed administra16 tive action will change or affect existing 

17 law; and 

18 (ii) a statement— 

19 (I) asserting that the agreement 

20 makes progress in achieving the appli21 cable purposes, policies, priorities, and 

22 objectives of this Act; and 

23 (II) setting forth the reasons of the 

24 President regarding— 

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1 (aa) how and to what extent 

2 the agreement makes progress in 

3 achieving the applicable purposes, 

4 policies, and objectives referred to 

5 in subclause (I); 

6 (bb) whether and how the 

7 agreement changes provisions of 

8 an agreement previously nego9 tiated; 

10 (cc) how the agreement serves 

11 the interests of United States com12 merce; and 

13 (dd) how the implementing 

14 bill meets the standards set forth 

15 in section 3(b)(3). 

16 (B) PUBLIC AVAILABILITY.—The President 

17 shall make the supporting information described 

18 in subparagraph (A) available to the public. 

19 (3) RECIPROCAL BENEFITS.—In order to ensure 

20 that a foreign country that is not a party to a trade 

21 agreement entered into under section 3(b) does not re22 ceive benefits under the agreement unless the country 

23 is also subject to the obligations under the agreement, 

24 the implementing bill submitted with respect to the 

25 agreement shall provide that the benefits and obligamstockstill on DSK4VPTVN1PROD with BILLS

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1 tions under the agreement apply only to the parties 

2 to the agreement, if such application is consistent 

3 with the terms of the agreement. The implementing 

4 bill may also provide that the benefits and obligations 

5 under the agreement do not apply uniformly to all 

6 parties to the agreement, if such application is con7 sistent with the terms of the agreement. 

8 (4) DISCLOSURE OF COMMITMENTS.—Any agree9 ment or other understanding with a foreign govern10 ment or governments (whether oral or in writing) 

11 that— 

12 (A) relates to a trade agreement with re13 spect to which Congress enacts an implementing 

14 bill under trade authorities procedures; and 

15 (B) is not disclosed to Congress before an 

16 implementing bill with respect to that agreement 

17 is introduced in either House of Congress, 

18 shall not be considered to be part of the agreement ap19 proved by Congress and shall have no force and effect 

20 under United States law or in any dispute settlement 

21 body. 

22 (b) LIMITATIONS ON TRADE AUTHORITIES PROCE23 DURES.— 

24 (1) FOR LACK OF NOTICE OR CONSULTATIONS.— 

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1 (A) IN GENERAL.—The trade authorities 

2 procedures shall not apply to any implementing 

3 bill submitted with respect to a trade agreement 

4 or trade agreements entered into under section 

5 3(b) if during the 60-day period beginning on 

6 the date that one House of Congress agrees to a 

7 procedural disapproval resolution for lack of no8 tice or consultations with respect to such trade 

9 agreement or agreements, the other House sepa10 rately agrees to a procedural disapproval resolu11 tion with respect to such trade agreement or 

12 agreements. 

13 (B) PROCEDURAL DISAPPROVAL RESOLU14 TION.—(i) For purposes of this paragraph, the 

15 term ‘‘procedural disapproval resolution’’ means 

16 a resolution of either House of Congress, the sole 

17 matter after the resolving clause of which is as 

18 follows: ‘‘That the President has failed or refused 

19 to notify or consult in accordance with the Bi20 partisan Congressional Trade Priorities and Ac21 countability Act of 2015 on negotiations with re22 spect to llllllll and, therefore, the 

23 trade authorities procedures under that Act shall 

24 not apply to any implementing bill submitted 

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1 ments.’’, with the blank space being filled with a 

2 description of the trade agreement or agreements 

3 with respect to which the President is considered 

4 to have failed or refused to notify or consult. 

5 (ii) For purposes of clause (i) and para6 graphs (3)(C) and (4)(C), the President has 

7 ‘‘failed or refused to notify or consult in accord8 ance with the Bipartisan Congressional Trade 

9 Priorities and Accountability Act of 2015’’ on 

10 negotiations with respect to a trade agreement or 

11 trade agreements if— 

12 (I) the President has failed or refused 

13 to consult (as the case may be) in accord14 ance with sections 4 and 5 and this section 

15 with respect to the negotiations, agreement, 

16 or agreements; 

17 (II) guidelines under section 4 have 

18 not been developed or met with respect to 

19 the negotiations, agreement, or agreements; 

20 (III) the President has not met with 

21 the House Advisory Group on Negotiations 

22 or the Senate Advisory Group on Negotia23 tions pursuant to a request made under sec24 tion 4(c)(4) with respect to the negotiations, 

25 agreement, or agreements; or 

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1 (IV) the agreement or agreements fail 

2 to make progress in achieving the purposes, 

3 policies, priorities, and objectives of this 

4 Act. 

5 (2) PROCEDURES FOR CONSIDERING RESOLU6 TIONS.—(A) Procedural disapproval resolutions— 

7 (i) in the House of Representatives— 

8 (I) may be introduced by any Member 

9 of the House; 

10 (II) shall be referred to the Committee 

11 on Ways and Means and, in addition, to 

12 the Committee on Rules; and 

13 (III) may not be amended by either 

14 Committee; and 

15 (ii) in the Senate— 

16 (I) may be introduced by any Member 

17 of the Senate; 

18 (II) shall be referred to the Committee 

19 on Finance; and 

20 (III) may not be amended. 

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

22 section 152 of the Trade Act of 1974 (19 U.S.C. 2192) 

23 (relating to the floor consideration of certain resolu24 tions in the House and Senate) apply to a procedural 

25 disapproval resolution introduced with respect to a 

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1 trade agreement if no other procedural disapproval 

2 resolution with respect to that trade agreement has 

3 previously been reported in that House of Congress by 

4 the Committee on Ways and Means or the Committee 

5 on Finance, as the case may be, and if no resolution 

6 described in clause (ii) of section 5(b)(3)(B) with re7 spect to that trade agreement has been reported in 

8 that House of Congress by the Committee on Ways 

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

10 may be, pursuant to the procedures set forth in 

11 clauses (iii) through (vii) of such section. 

12 (C) It is not in order for the House of Represent13 atives to consider any procedural disapproval resolu14 tion not reported by the Committee on Ways and 

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

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

17 any procedural disapproval resolution not reported by 

18 the Committee on Finance. 

19 (3) CONSIDERATION IN SENATE OF CONSULTA20 TION AND COMPLIANCE RESOLUTION TO REMOVE

21 TRADE AUTHORITIES PROCEDURES.— 

22 (A) REPORTING OF RESOLUTION.—If, when 

23 the Committee on Finance of the Senate meets on 

24 whether to report an implementing bill with re25 spect to a trade agreement or agreements entered 

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1 into under section 3(b), the committee fails to fa2 vorably report the bill, the committee shall report 

3 a resolution described in subparagraph (C). 

4 (B) APPLICABILITY OF TRADE AUTHORITIES

5 PROCEDURES.—The trade authorities procedures 

6 shall not apply in the Senate to any imple7 menting bill submitted with respect to a trade 

8 agreement or agreements described in subpara9 graph (A) if the Committee on Finance reports 

10 a resolution described in subparagraph (C) and 

11 such resolution is agreed to by the Senate. 

12 (C) RESOLUTION DESCRIBED.—A resolution 

13 described in this subparagraph is a resolution of 

14 the Senate originating from the Committee on 

15 Finance the sole matter after the resolving clause 

16 of which is as follows: ‘‘That the President has 

17 failed or refused to notify or consult in accord18 ance with the Bipartisan Congressional Trade 

19 Priorities and Accountability Act of 2015 on ne20 gotiations with respect to lllll and, 

21 therefore, the trade authorities procedures under 

22 that Act shall not apply in the Senate to any 

23 implementing bill submitted with respect to such 

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

25 space being filled with a description of the trade 

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1 agreement or agreements described in subpara2 graph (A). 

3 (D) PROCEDURES.—If the Senate does not 

4 agree to a motion to invoke cloture on the motion 

5 to proceed to a resolution described in subpara6 graph (C), the resolution shall be committed to 

7 the Committee on Finance. 

8 (4) CONSIDERATION IN THE HOUSE OF REP9 RESENTATIVES OF A CONSULTATION AND COMPLIANCE

10 RESOLUTION.— 

11 (A) QUALIFICATIONS FOR REPORTING RESO12 LUTION.—If— 

13 (i) the Committee on Ways and Means 

14 of the House of Representatives reports an 

15 implementing bill with respect to a trade 

16 agreement or agreements entered into under 

17 section 3(b) with other than a favorable rec18 ommendation; and 

19 (ii) a Member of the House of Rep20 resentatives has introduced a consultation 

21 and compliance resolution on the legislative 

22 day following the filing of a report to ac23 company the implementing bill with other 

24 than a favorable recommendation, 

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1 then the Committee on Ways and Means shall 

2 consider a consultation and compliance resolu3 tion pursuant to subparagraph (B). 

4 (B) COMMITTEE CONSIDERATION OF A

5 QUALIFYING RESOLUTION.—(i) Not later than 

6 the fourth legislative day after the date of intro7 duction of the resolution, the Committee on Ways 

8 and Means shall meet to consider a resolution 

9 meeting the qualifications set forth in subpara10 graph (A). 

11 (ii) After consideration of one such resolu12 tion by the Committee on Ways and Means, this 

13 subparagraph shall not apply to any other such 

14 resolution. 

15 (iii) If the Committee on Ways and Means 

16 has not reported the resolution by the sixth legis17 lative day after the date of its introduction, that 

18 committee shall be discharged from further con19 sideration of the resolution. 

20 (C) CONSULTATION AND COMPLIANCE RESO21 LUTION DESCRIBED.—A consultation and com22 pliance resolution— 

23 (i) is a resolution of the House of Rep24 resentatives, the sole matter after the resolv25 ing clause of which is as follows: ‘‘That the 

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1 President has failed or refused to notify or 

2 consult in accordance with the Bipartisan 

3 Congressional Trade Priorities and Ac4 countability Act of 2015 on negotiations 

5 with respect to lllll and, therefore, 

6 the trade authorities procedures under that 

7 Act shall not apply in the House of Rep8 resentatives to any implementing bill sub9 mitted with respect to such trade agreement 

10 or agreements.’’, with the blank space being 

11 filled with a description of the trade agree12 ment or agreements described in subpara13 graph (A); and 

14 (ii) shall be referred to the Committee 

15 on Ways and Means. 

16 (D) APPLICABILITY OF TRADE AUTHORITIES

17 PROCEDURES.—The trade authorities procedures 

18 shall not apply in the House of Representatives 

19 to any implementing bill submitted with respect 

20 to a trade agreement or agreements which are 

21 the object of a consultation and compliance reso22 lution if such resolution is adopted by the House. 

23 (5) FOR FAILURE TO MEET OTHER REQUIRE24 MENTS.—Not later than December 15, 2015, the Sec25 retary of Commerce, in consultation with the Secmstockstill on DSK4VPTVN1PROD with BILLS

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1 retary of State, the Secretary of the Treasury, the At2 torney General, and the United States Trade Rep3 resentative, shall transmit to Congress a report set4 ting forth the strategy of the executive branch to ad5 dress concerns of Congress regarding whether dispute 

6 settlement panels and the Appellate Body of the 

7 World Trade Organization have added to obligations, 

8 or diminished rights, of the United States, as de9 scribed in section 2(b)(15)(C). Trade authorities pro10 cedures shall not apply to any implementing bill with 

11 respect to an agreement negotiated under the auspices 

12 of the World Trade Organization unless the Secretary 

13 of Commerce has issued such report by the deadline 

14 specified in this paragraph. 

15 (c) RULES OF HOUSE OF REPRESENTATIVES AND SEN16 ATE.—Subsection (b) of this section, section 3(c), and sec17 tion 5(b)(3) are enacted by Congress— 

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

19 House of Representatives and the Senate, respectively, 

20 and as such are deemed a part of the rules of each 

21 House, respectively, and such procedures supersede 

22 other rules only to the extent that they are incon23 sistent with such other rules; and 

24 (2) with the full recognition of the constitutional 

25 right of either House to change the rules (so far as remstockstill on DSK4VPTVN1PROD with BILLS

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1 lating to the procedures of that House) at any time, 

2 in the same manner, and to the same extent as any 

3 other rule of that House. 

4 SEC. 7. TREATMENT OF CERTAIN TRADE AGREEMENTS FOR 

5 WHICH NEGOTIATIONS HAVE ALREADY 

6 BEGUN. 

7 (a) CERTAIN AGREEMENTS.—Notwithstanding the 

8 prenegotiation notification and consultation requirement 

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

10 3(b) applies— 

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

12 World Trade Organization, 

13 (2) is entered into with the Trans-Pacific Part14 nership countries with respect to which notifications 

15 have been made in a manner consistent with section 

16 5(a)(1)(A) as of the date of the enactment of this Act, 

17 (3) is entered into with the European Union, 

18 (4) is an agreement with respect to international 

19 trade in services entered into with WTO members 

20 with respect to which a notification has been made in 

21 a manner consistent with section 5(a)(1)(A) as of the 

22 date of the enactment of this Act, or 

23 (5) is an agreement with respect to environ24 mental goods entered into with WTO members with 

25 respect to which a notification has been made in a 

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1 manner consistent with section 5(a)(1)(A) as of the 

2 date of the enactment of this Act, 

3 and results from negotiations that were commenced before 

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

5 apply. 

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

7 agreement to which subsection (a) applies, the applicability 

8 of the trade authorities procedures to implementing bills 

9 shall be determined without regard to the requirements of 

10 section 5(a) (relating only to notice prior to initiating nego11 tiations), and any resolution under paragraph (1)(B), 

12 (3)(C), or (4)(C) of section 6(b) shall not be in order on 

13 the basis of a failure or refusal to comply with the provi14 sions of section 5(a), if (and only if) the President, as soon 

15 as feasible after the date of the enactment of this Act— 

16 (1) notifies Congress of the negotiations described 

17 in subsection (a), the specific United States objectives 

18 in the negotiations, and whether the President is seek19 ing a new agreement or changes to an existing agree20 ment; and 

21 (2) before and after submission of the notice, 

22 consults regarding the negotiations with the commit23 tees referred to in section 5(a)(1)(B) and the House 

24 and Senate Advisory Groups on Negotiations con25 vened under section 4(c). 

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1 SEC. 8. SOVEREIGNTY. 

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

3 CONFLICT.—No provision of any trade agreement entered 

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

5 provision to any person or circumstance, that is incon6 sistent with any law of the United States, any State of the 

7 United States, or any locality of the United States shall 

8 have effect. 

9 (b) AMENDMENTS OR MODIFICATIONS OF UNITED

10 STATES LAW.—No provision of any trade agreement en11 tered into under section 3(b) shall prevent the United 

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

13 the United States from amending or modifying any law 

14 of the United States, that State, or that locality (as the case 

15 may be). 

16 (c) DISPUTE SETTLEMENT REPORTS.—Reports, in17 cluding findings and recommendations, issued by dispute 

18 settlement panels convened pursuant to any trade agree19 ment entered into under section 3(b) shall have no binding 

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

21 the United States, or the law or government of any State 

22 or locality of the United States. 

23 SEC. 9. INTERESTS OF SMALL BUSINESSES. 

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

25 that— 

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1 (1) the United States Trade Representative 

2 should facilitate participation by small businesses in 

3 the trade negotiation process; and 

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

5 States Trade Representative relating to small busi6 nesses should continue to be reflected in the title of the 

7 Assistant United States Trade Representative as8 signed the responsibility for small businesses. 

9 (b) CONSIDERATION OF SMALL BUSINESS INTER10 ESTS.—The Assistant United States Trade Representative 

11 for Small Business, Market Access, and Industrial Competi12 tiveness shall be responsible for ensuring that the interests 

13 of small businesses are considered in all trade negotiations 

14 in accordance with the objective described in section 2(a)(8). 

15 SEC. 10. CONFORMING AMENDMENTS; APPLICATION OF 

16 CERTAIN PROVISIONS. 

17 (a) CONFORMING AMENDMENTS.— 

18 (1) ADVICE FROM UNITED STATES INTER19 NATIONAL TRADE COMMISSION.—Section 131 of the 

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

21 (A) in subsection (a)— 

22 (i) in paragraph (1), by striking ‘‘sec23 tion 2103(a) or (b) of the Bipartisan Trade 

24 Promotion Authority Act of 2002’’ and in25 serting ‘‘subsection (a) or (b) of section 3 of 

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1 the Bipartisan Congressional Trade Prior2 ities and Accountability Act of 2015’’; and 

3 (ii) in paragraph (2), by striking ‘‘sec4 tion 2103(b) of the Bipartisan Trade Pro5 motion Authority Act of 2002’’ and insert6 ing ‘‘section 3(b) of the Bipartisan Congres7 sional Trade Priorities and Accountability 

8 Act of 2015’’; 

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

10 2103(a)(3)(A) of the Bipartisan Trade Pro11 motion Authority Act of 2002’’ and inserting 

12 ‘‘section 3(a)(4)(A) of the Bipartisan Congres13 sional Trade Priorities and Accountability Act 

14 of 2015’’; and 

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

16 2103 of the Bipartisan Trade Promotion Author17 ity Act of 2002’’ and inserting ‘‘section 3(a) of 

18 the Bipartisan Congressional Trade Priorities 

19 and Accountability Act of 2015’’. 

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

21 1974 (19 U.S.C. 2152) is amended by striking ‘‘sec22 tion 2103 of the Bipartisan Trade Promotion Author23 ity Act of 2002’’ and inserting ‘‘section 3 of the Bi24 partisan Congressional Trade Priorities and Account25 ability Act of 2015’’. 

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

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

3 striking ‘‘section 2103 of the Bipartisan Trade Pro4 motion Authority Act of 2002’’ and inserting ‘‘section 

5 3 of the Bipartisan Congressional Trade Priorities 

6 and Accountability Act of 2015’’. 

7 (4) PREREQUISITES FOR OFFERS.—Section 134 

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

9 by striking ‘‘section 2103 of the Bipartisan Trade 

10 Promotion Authority Act of 2002’’ each place it ap11 pears and inserting ‘‘section 3 of the Bipartisan Con12 gressional Trade Priorities and Accountability Act of 

13 2015’’. 

14 (5) INFORMATION AND ADVICE FROM PRIVATE

15 AND PUBLIC SECTORS.—Section 135 of the Trade Act 

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

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

18 ‘‘section 2103 of the Bipartisan Trade Promotion 

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

20 of the Bipartisan Congressional Trade Priorities 

21 and Accountability Act of 2015’’; and 

22 (B) in subsection (e)— 

23 (i) in paragraph (1)— 

24 (I) by striking ‘‘section 2103 of 

25 the Bipartisan Trade Promotion Aumstockstill on DSK4VPTVN1PROD with BILLS

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1 thority Act of 2002’’ each place it ap2 pears and inserting ‘‘section 3 of the 

3 Bipartisan Congressional Trade Prior4 ities and Accountability Act of 2015’’; 

5 and 

6 (II) by striking ‘‘not later than 

7 the date on which the President notifies 

8 the Congress under section 

9 2105(a)(1)(A) of the Bipartisan Trade 

10 Promotion Authority Act of 2002’’ and 

11 inserting ‘‘not later than the date that 

12 is 30 days after the date on which the 

13 President notifies Congress under sec14 tion 6(a)(1)(A) of the Bipartisan Con15 gressional Trade Priorities and Ac16 countability Act of 2015’’; and 

17 (ii) in paragraph (2), by striking ‘‘sec18 tion 2102 of the Bipartisan Trade Pro19 motion Authority Act of 2002’’ and insert20 ing ‘‘section 2 of the Bipartisan Congres21 sional Trade Priorities and Accountability 

22 Act of 2015’’. 

23 (6) PROCEDURES RELATING TO IMPLEMENTING

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

25 U.S.C. 2191) is amended— 

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1 (A) in subsection (b)(1), in the matter pre2 ceding subparagraph (A), by striking ‘‘section 

3 2105(a)(1) of the Bipartisan Trade Promotion 

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

5 6(a)(1) of the Bipartisan Congressional Trade 

6 Priorities and Accountability Act of 2015’’; and 

7 (B) in subsection (c)(1), 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 and Accountability Act of 2015’’. 

12 (7) TRANSMISSION OF AGREEMENTS TO CON13 GRESS.—Section 162(a) of the Trade Act of 1974 (19 

14 U.S.C. 2212(a)) is amended by striking ‘‘section 2103 

15 of the Bipartisan Trade Promotion Authority Act of 

16 2002’’ and inserting ‘‘section 3 of the Bipartisan 

17 Congressional Trade Priorities and Accountability 

18 Act of 2015’’. 

19 (b) APPLICATION OF CERTAIN PROVISIONS.—For pur20 poses of applying sections 125, 126, and 127 of the Trade 

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

22 (1) any trade agreement entered into under sec23 tion 3 shall be treated as an agreement entered into 

24 under section 101 or 102 of the Trade Act of 1974 (19 

25 U.S.C. 2111 or 2112), as appropriate; and 

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1 (2) any proclamation or Executive order issued 

2 pursuant to a trade agreement entered into under sec3 tion 3 shall be treated as a proclamation or Executive 

4 order issued pursuant to a trade agreement entered 

5 into under section 102 of the Trade Act of 1974 (19 

6 U.S.C. 2112). 

7 SEC. 11. DEFINITIONS. 

8 In this Act: 

9 (1) AGREEMENT ON AGRICULTURE.—The term 

10 ‘‘Agreement on Agriculture’’ means the agreement re11 ferred to in section 101(d)(2) of the Uruguay Round 

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

13 (2) AGREEMENT ON SAFEGUARDS.—The term 

14 ‘‘Agreement on Safeguards’’ means the agreement re15 ferred to in section 101(d)(13) of the Uruguay Round 

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

17 (3) AGREEMENT ON SUBSIDIES AND COUNTER18 VAILING MEASURES.—The term ‘‘Agreement on Sub19 sidies and Countervailing Measures’’ means the agree20 ment referred to in section 101(d)(12) of the Uruguay 

21 Round Agreements Act (19 U.S.C. 3511(d)(12)). 

22 (4) ANTIDUMPING AGREEMENT.—The term 

23 ‘‘Antidumping Agreement’’ means the Agreement on 

24 Implementation of Article VI of the General Agree25 ment on Tariffs and Trade 1994 referred to in section 

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1 101(d)(7) of the Uruguay Round Agreements Act (19 

2 U.S.C. 3511(d)(7)). 

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

4 Body’’ means the Appellate Body established under 

5 Article 17.1 of the Dispute Settlement Understanding. 

6 (6) COMMON MULTILATERAL ENVIRONMENTAL

7 AGREEMENT.— 

8 (A) IN GENERAL.—The term ‘‘common mul9 tilateral environmental agreement’’ means any 

10 agreement specified in subparagraph (B) or in11 cluded under subparagraph (C) to which both the 

12 United States and one or more other parties to 

13 the negotiations are full parties, including any 

14 current or future mutually agreed upon proto15 cols, amendments, annexes, or adjustments to 

16 such an agreement. 

17 (B) AGREEMENTS SPECIFIED.—The agree18 ments specified in this subparagraph are the fol19 lowing: 

20 (i) The Convention on International 

21 Trade in Endangered Species of Wild 

22 Fauna and Flora, done at Washington 

23 March 3, 1973 (27 UST 1087; TIAS 8249). 

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1 (ii) The Montreal Protocol on Sub2 stances that Deplete the Ozone Layer, done 

3 at Montreal September 16, 1987. 

4 (iii) The Protocol of 1978 Relating to 

5 the International Convention for the Pre6 vention of Pollution from Ships, 1973, done 

7 at London February 17, 1978. 

8 (iv) The Convention on Wetlands of 

9 International Importance Especially as Wa10 terfowl Habitat, done at Ramsar February 

11 2, 1971 (TIAS 11084). 

12 (v) The Convention on the Conserva13 tion of Antarctic Marine Living Resources, 

14 done at Canberra May 20, 1980 (33 UST 

15 3476). 

16 (vi) The International Convention for 

17 the Regulation of Whaling, done at Wash18 ington December 2, 1946 (62 Stat. 1716). 

19 (vii) The Convention for the Establish20 ment of an Inter-American Tropical Tuna 

21 Commission, done at Washington May 31, 

22 1949 (1 UST 230). 

23 (C) ADDITIONAL AGREEMENTS.—Both the 

24 United States and one or more other parties to 

25 the negotiations may agree to include any other 

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1 multilateral environmental or conservation 

2 agreement to which they are full parties as a 

3 common multilateral environmental agreement 

4 under this paragraph. 

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

6 labor standards’’ means— 

7 (A) freedom of association; 

8 (B) the effective recognition of the right to 

9 collective bargaining; 

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

11 compulsory labor; 

12 (D) the effective abolition of child labor and 

13 a prohibition on the worst forms of child labor; 

14 and 

15 (E) the elimination of discrimination in re16 spect of employment and occupation. 

17 (8) DISPUTE SETTLEMENT UNDERSTANDING.— 

18 The term ‘‘Dispute Settlement Understanding’’ means 

19 the Understanding on Rules and Procedures Gov20 erning the Settlement of Disputes referred to in sec21 tion 101(d)(16) of the Uruguay Round Agreements 

22 Act (19 U.S.C. 3511(d)(16)). 

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

24 Clause’’ means the Decision on Differential and More 

25 Favourable Treatment, Reciprocity and Fuller Parmstockstill on DSK4VPTVN1PROD with BILLS

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1 ticipation of Developing Countries (L/4903), adopted 

2 November 28, 1979, under GATT 1947 (as defined in 

3 section 2 of the Uruguay Round Agreements Act (19 

4 U.S.C. 3501)). 

5 (10) ENVIRONMENTAL LAWS.—The term ‘‘envi6 ronmental laws’’, with respect to the laws of the 

7 United States, means environmental statutes and reg8 ulations enforceable by action of the Federal Govern9 ment. 

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

11 the meaning given that term in section 2 of the Uru12 guay Round Agreements Act (19 U.S.C. 3501). 

13 (12) GENERAL AGREEMENT ON TRADE IN SERV14 ICES.—The term ‘‘General Agreement on Trade in 

15 Services’’ means the General Agreement on Trade in 

16 Services (referred to in section 101(d)(14) of the Uru17 guay Round Agreements Act (19 U.S.C. 

18 3511(d)(14))). 

19 (13) GOVERNMENT PROCUREMENT AGREE20 MENT.—The term ‘‘Government Procurement Agree21 ment’’ means the Agreement on Government Procure22 ment referred to in section 101(d)(17) of the Uruguay 

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

24 (14) ILO.—The term ‘‘ILO’’ means the Inter25 national Labor Organization. 

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1 (15) IMPORT SENSITIVE AGRICULTURAL PROD2 UCT.—The term ‘‘import sensitive agricultural prod3 uct’’ means an agricultural product— 

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

5 Uruguay Round Agreements, the rate of duty 

6 was the subject of tariff reductions by the United 

7 States and, pursuant to such Agreements, was 

8 reduced on January 1, 1995, to a rate that was 

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

10 applied to such article on December 31, 1994; or 

11 (B) which was subject to a tariff rate quota 

12 on the date of the enactment of this Act. 

13 (16) INFORMATION TECHNOLOGY AGREEMENT.— 

14 The term ‘‘Information Technology Agreement’’ means 

15 the Ministerial Declaration on Trade in Information 

16 Technology Products of the World Trade Organiza17 tion, agreed to at Singapore December 13, 1996. 

18 (17) INTERNATIONALLY RECOGNIZED CORE

19 LABOR STANDARDS.—The term ‘‘internationally rec20 ognized core labor standards’’ means the core labor 

21 standards only as stated in the ILO Declaration on 

22 Fundamental Principles and Rights at Work and its 

23 Follow-Up (1998). 

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

25 means the statutes and regulations, or provisions 

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1 thereof, of a party to the negotiations that are directly 

2 related to core labor standards as well as other labor 

3 protections for children and minors and acceptable 

4 conditions of work with respect to minimum wages, 

5 hours of work, and occupational safety and health, 

6 and for the United States, includes Federal statutes 

7 and regulations addressing those standards, protec8 tions, or conditions, but does not include State or 

9 local labor laws. 

10 (19) UNITED STATES PERSON.—The term 

11 ‘‘United States person’’ means— 

12 (A) a United States citizen; 

13 (B) a partnership, corporation, or other 

14 legal entity that is organized under the laws of 

15 the United States; and 

16 (C) a partnership, corporation, or other 

17 legal entity that is organized under the laws of 

18 a foreign country and is controlled by entities 

19 described in subparagraph (B) or United States 

20 citizens, or both. 

21 (20) URUGUAY ROUND AGREEMENTS.—The term 

22 ‘‘Uruguay Round Agreements’’ has the meaning given 

23 that term in section 2(7) of the Uruguay Round 

24 Agreements Act (19 U.S.C. 3501(7)). 

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

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

3 mean the organization established pursuant to the 

4 WTO Agreement. 

5 (22) WTO AGREEMENT.—The term ‘‘WTO Agree6 ment’’ means the Agreement Establishing the World 

7 Trade Organization entered into on April 15, 1994. 

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

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

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

11 3501(10)). 

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Union Calendar No. 69 

114TH CONGRESS 

1ST SESSION H. R. 1890 

[Report No. 114–100, Part I] 

A BILL 

To establish congressional trade negotiating objectrade agreements, and for other purposes. trade negotiations, to provide for consideration of tives and enhanced consultation requirements for 

MAY 1, 2015 

Reported from the Committee on Ways and Means with 

M

an amendment 

AY 1, 2015 

The Committees on Rules and the Budget discharged; 

the State of the Union and ordered to be printed committed to the Committee of the Whole House on 

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