In the House of Representatives, U. S., 

June 18, 2015. 

Resolved, That the House agree to the amendment of the 

Senate to the bill (H.R. 2146) entitled ‘‘An Act to amend the 

Internal Revenue Code of 1986 to allow Federal law enforcement officers, firefighters, and air traffic controllers to make 

penalty-free withdrawals from governmental plans after age 

50, and for other purposes.’’, with the following 

HOUSE AMENDMENT TO SENATE AMENDMENT: 

At the end of the matter inserted by said amendment, insert: 

1 TITLE I—TRADE PROMOTION 

2 AUTHORITY 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘Bipartisan Congres5 sional Trade Priorities and Accountability Act of 2015’’. 

6 SEC. 102. 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 103 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 
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1 and investment and that decrease market opportuni2 ties for United States exports or otherwise distort 

3 United States trade; 

4 (3) to further strengthen the system of inter5 national trade and investment disciplines and proce6 dures, including dispute settlement; 

7 (4) to foster economic growth, raise living stand8 ards, enhance the competitiveness of the United 

9 States, promote full employment in the United States, 

10 and enhance the global economy; 

11 (5) to ensure that trade and environmental poli12 cies are mutually supportive and to seek to protect 

13 and preserve the environment and enhance the inter14 national means of doing so, while optimizing the use 

15 of the world’s resources; 

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

17 rights of children consistent with core labor standards 

18 of the ILO (as set out in section 111(7)) and an un19 derstanding of the relationship between trade and 

20 worker rights; 

21 (7) to seek provisions in trade agreements under 

22 which parties to those agreements ensure that they do 

23 not weaken or reduce the protections afforded in do24 mestic environmental and labor laws as an encour25 agement for trade; 
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1 (8) to ensure that trade agreements afford small 

2 businesses equal access to international markets, equi3 table trade benefits, and expanded export market op4 portunities, and provide for the reduction or elimi5 nation of trade and investment barriers that dis6 proportionately impact small businesses; 

7 (9) to promote universal ratification and full 

8 compliance with ILO Convention No. 182 Concerning 

9 the Prohibition and Immediate Action for the Elimi10 nation of the Worst Forms of Child Labor; 

11 (10) to ensure that trade agreements reflect and 

12 facilitate the increasingly interrelated, multi-sectoral 

13 nature of trade and investment activity; 

14 (11) to recognize the growing significance of the 

15 Internet as a trading platform in international com16 merce; 

17 (12) to take into account other legitimate United 

18 States domestic objectives, including, but not limited 

19 to, the protection of legitimate health or safety, essen20 tial security, and consumer interests and the law and 

21 regulations related thereto; and 

22 (13) to take into account conditions relating to 

23 religious freedom of any party to negotiations for a 

24 trade agreement with the United States. 

25 (b) PRINCIPAL TRADE NEGOTIATING OBJECTIVES.— 
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1 (1) TRADE IN GOODS.—The principal negoti2 ating objectives of the United States regarding trade 

3 in goods are— 

4 (A) to expand competitive market opportu5 nities for exports of goods from the United States 

6 and to obtain fairer and more open conditions of 

7 trade, including through the utilization of global 

8 value chains, by reducing or eliminating tariff 

9 and nontariff barriers and policies and practices 

10 of foreign governments directly related to trade 

11 that decrease market opportunities for United 

12 States exports or otherwise distort United States 

13 trade; and 

14 (B) to obtain reciprocal tariff and nontariff 

15 barrier elimination agreements, including with 

16 respect to those tariff categories covered in sec17 tion 111(b) of the Uruguay Round Agreements 

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

19 (2) TRADE IN SERVICES.—(A) The principal ne20 gotiating objective of the United States regarding 

21 trade in services is to expand competitive market op22 portunities for United States services and to obtain 

23 fairer and more open conditions of trade, including 

24 through utilization of global value chains, by reducing 

25 or eliminating barriers to international trade in serv-
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1 ices, such as regulatory and other barriers that deny 

2 national treatment and market access or unreason3 ably restrict the establishment or operations of service 

4 suppliers. 

5 (B) Recognizing that expansion of trade in serv6 ices generates benefits for all sectors of the economy 

7 and facilitates trade, the objective described in sub8 paragraph (A) should be pursued through all means, 

9 including through a plurilateral agreement with those 

10 countries willing and able to undertake high standard 

11 services commitments for both existing and new serv12 ices. 

13 (3) TRADE IN AGRICULTURE.—The principal ne14 gotiating objective of the United States with respect to 

15 agriculture is to obtain competitive opportunities for 

16 United States exports of agricultural commodities in 

17 foreign markets substantially equivalent to the com18 petitive opportunities afforded foreign exports in 

19 United States markets and to achieve fairer and more 

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

21 value added commodities by— 

22 (A) securing more open and equitable mar23 ket access through robust rules on sanitary and 

24 phytosanitary measures that— 
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1 (i) encourage the adoption of inter2 national standards and require a science3 based justification be provided for a sani4 tary or phytosanitary measure if the meas5 ure is more restrictive than the applicable 

6 international standard; 

7 (ii) improve regulatory coherence, pro8 mote the use of systems-based approaches, 

9 and appropriately recognize the equivalence 

10 of health and safety protection systems of 

11 exporting countries; 

12 (iii) require that measures are trans13 parently developed and implemented, are 

14 based on risk assessments that take into ac15 count relevant international guidelines and 

16 scientific data, and are not more restrictive 

17 on trade than necessary to meet the in18 tended purpose; and 

19 (iv) improve import check processes, 

20 including testing methodologies and proce21 dures, and certification requirements, 

22 while recognizing that countries may put in 

23 place measures to protect human, animal, or 

24 plant life or health in a manner consistent with 

25 their international obligations, including the 
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1 WTO Agreement on the Application of Sanitary 

2 and Phytosanitary Measures (referred to in sec3 tion 101(d)(3) of the Uruguay Round Agree4 ments Act (19 U.S.C. 3511(d)(3))); 

5 (B) reducing or eliminating, by a date cer6 tain, tariffs or other charges that decrease mar7 ket opportunities for United States exports— 

8 (i) giving priority to those products 

9 that are subject to significantly higher tar10 iffs or subsidy regimes of major producing 

11 countries; and 

12 (ii) providing reasonable adjustment 

13 periods for United States import sensitive 

14 products, in close consultation with Con15 gress on such products before initiating tar16 iff reduction negotiations; 

17 (C) reducing tariffs to levels that are the 

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

19 (D) reducing or eliminating subsidies that 

20 decrease market opportunities for United States 

21 exports or unfairly distort agriculture markets to 

22 the detriment of the United States; 

23 (E) allowing the preservation of programs 

24 that support family farms and rural commu25 nities but do not distort trade; 
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1 (F) developing disciplines for domestic sup2 port programs, so that production that is in ex3 cess of domestic food security needs is sold at 

4 world prices; 

5 (G) eliminating government policies that 

6 create price depressing surpluses; 

7 (H) eliminating state trading enterprises 

8 whenever possible; 

9 (I) developing, strengthening, and clarifying 

10 rules to eliminate practices that unfairly de11 crease United States market access opportunities 

12 or distort agricultural markets to the detriment 

13 of the United States, and ensuring that such 

14 rules are subject to efficient, timely, and effective 

15 dispute settlement, including— 

16 (i) unfair or trade distorting activities 

17 of state trading enterprises and other ad18 ministrative mechanisms, with emphasis on 

19 requiring price transparency in the oper20 ation of state trading enterprises and such 

21 other mechanisms in order to end cross sub22 sidization, price discrimination, and price 

23 undercutting; 

24 (ii) unjustified trade restrictions or 

25 commercial requirements, such as labeling, 
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1 that affect new technologies, including bio2 technology; 

3 (iii) unjustified sanitary or 

4 phytosanitary restrictions, including re5 strictions not based on scientific principles 

6 in contravention of obligations in the Uru7 guay Round Agreements or bilateral or re8 gional trade agreements; 

9 (iv) other unjustified technical barriers 

10 to trade; and 

11 (v) restrictive rules in the administra12 tion of tariff rate quotas; 

13 (J) eliminating practices that adversely af14 fect trade in perishable or cyclical products, 

15 while improving import relief mechanisms to 

16 recognize the unique characteristics of perishable 

17 and cyclical agriculture; 

18 (K) ensuring that import relief mechanisms 

19 for perishable and cyclical agriculture are as ac20 cessible and timely to growers in the United 

21 States as those mechanisms that are used by 

22 other countries; 

23 (L) taking into account whether a party to 

24 the negotiations has failed to adhere to the provi25 sions of already existing trade agreements with 
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1 the United States or has circumvented obliga2 tions under those agreements; 

3 (M) taking into account whether a product 

4 is subject to market distortions by reason of a 

5 failure of a major producing country to adhere 

6 to the provisions of already existing trade agree7 ments with the United States or by the cir8 cumvention by that country of its obligations 

9 under those agreements; 

10 (N) otherwise ensuring that countries that 

11 accede to the World Trade Organization have 

12 made meaningful market liberalization commit13 ments in agriculture; 

14 (O) taking into account the impact that 

15 agreements covering agriculture to which the 

16 United States is a party have on the United 

17 States agricultural industry; 

18 (P) maintaining bona fide food assistance 

19 programs, market development programs, and 

20 export credit programs; 

21 (Q) seeking to secure the broadest market 

22 access possible in multilateral, regional, and bi23 lateral negotiations, recognizing the effect that si24 multaneous sets of negotiations may have on 
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1 United States import sensitive commodities (in2 cluding those subject to tariff rate quotas); 

3 (R) seeking to develop an international con4 sensus on the treatment of seasonal or perishable 

5 agricultural products in investigations relating 

6 to dumping and safeguards and in any other rel7 evant area; 

8 (S) seeking to establish the common base 

9 year for calculating the Aggregated Measurement 

10 of Support (as defined in the Agreement on Agri11 culture) as the end of each country’s Uruguay 

12 Round implementation period, as reported in 

13 each country’s Uruguay Round market access 

14 schedule; 

15 (T) ensuring transparency in the adminis16 tration of tariff rate quotas through multilateral, 

17 plurilateral, and bilateral negotiations; and 

18 (U) eliminating and preventing the under19 mining of market access for United States prod20 ucts through improper use of a country’s system 

21 for protecting or recognizing geographical indi22 cations, including failing to ensure transparency 

23 and procedural fairness and protecting generic 

24 terms. 
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1 (4) FOREIGN INVESTMENT.—Recognizing that 

2 United States law on the whole provides a high level 

3 of protection for investment, consistent with or great4 er than the level required by international law, the 

5 principal negotiating objectives of the United States 

6 regarding foreign investment are to reduce or elimi7 nate artificial or trade distorting barriers to foreign 

8 investment, while ensuring that foreign investors in 

9 the United States are not accorded greater substantive 

10 rights with respect to investment protections than 

11 United States investors in the United States, and to 

12 secure for investors important rights comparable to 

13 those that would be available under United States 

14 legal principles and practice, by— 

15 (A) reducing or eliminating exceptions to 

16 the principle of national treatment; 

17 (B) freeing the transfer of funds relating to 

18 investments; 

19 (C) reducing or eliminating performance re20 quirements, forced technology transfers, and 

21 other unreasonable barriers to the establishment 

22 and operation of investments; 

23 (D) seeking to establish standards for expro24 priation and compensation for expropriation, 
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1 consistent with United States legal principles 

2 and practice; 

3 (E) seeking to establish standards for fair 

4 and equitable treatment, consistent with United 

5 States legal principles and practice, including 

6 the principle of due process; 

7 (F) providing meaningful procedures for re8 solving investment disputes; 

9 (G) seeking to improve mechanisms used to 

10 resolve disputes between an investor and a gov11 ernment through— 

12 (i) mechanisms to eliminate frivolous 

13 claims and to deter the filing of frivolous 

14 claims; 

15 (ii) procedures to ensure the efficient 

16 selection of arbitrators and the expeditious 

17 disposition of claims; 

18 (iii) procedures to enhance opportuni19 ties for public input into the formulation of 

20 government positions; and 

21 (iv) providing for an appellate body or 

22 similar mechanism to provide coherence to 

23 the interpretations of investment provisions 

24 in trade agreements; and 
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1 (H) ensuring the fullest measure of trans2 parency in the dispute settlement mechanism, to 

3 the extent consistent with the need to protect in4 formation that is classified or business confiden5 tial, by— 

6 (i) ensuring that all requests for dis7 pute settlement are promptly made public; 

8 (ii) ensuring that— 

9 (I) all proceedings, submissions, 

10 findings, and decisions are promptly 

11 made public; and 

12 (II) all hearings are open to the 

13 public; and 

14 (iii) establishing a mechanism for ac15 ceptance of amicus curiae submissions from 

16 businesses, unions, and nongovernmental or17 ganizations. 

18 (5) INTELLECTUAL PROPERTY.—The principal 

19 negotiating objectives of the United States regarding 

20 trade-related intellectual property are— 

21 (A) to further promote adequate and effec22 tive protection of intellectual property rights, in23 cluding through— 

24 (i)(I) ensuring accelerated and full im25 plementation of the Agreement on Trade-Re-
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1 lated Aspects of Intellectual Property Rights 

2 referred to in section 101(d)(15) of the Uru3 guay Round Agreements Act (19 U.S.C. 

4 3511(d)(15)), particularly with respect to 

5 meeting enforcement obligations under that 

6 agreement; and 

7 (II) ensuring that the provisions of 

8 any trade agreement governing intellectual 

9 property rights that is entered into by the 

10 United States reflect a standard of protec11 tion similar to that found in United States 

12 law; 

13 (ii) providing strong protection for 

14 new and emerging technologies and new 

15 methods of transmitting and distributing 

16 products embodying intellectual property, 

17 including in a manner that facilitates le18 gitimate digital trade; 

19 (iii) preventing or eliminating dis20 crimination with respect to matters affect21 ing the availability, acquisition, scope, 

22 maintenance, use, and enforcement of intel23 lectual property rights; 

24 (iv) ensuring that standards of protec25 tion and enforcement keep pace with techno-
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1 logical developments, and in particular en2 suring that rightholders have the legal and 

3 technological means to control the use of 

4 their works through the Internet and other 

5 global communication media, and to pre6 vent the unauthorized use of their works; 

7 (v) providing strong enforcement of in8 tellectual property rights, including through 

9 accessible, expeditious, and effective civil, 

10 administrative, and criminal enforcement 

11 mechanisms; and 

12 (vi) preventing or eliminating govern13 ment involvement in the violation of intel14 lectual property rights, including cyber theft 

15 and piracy; 

16 (B) to secure fair, equitable, and non17 discriminatory market access opportunities for 

18 United States persons that rely upon intellectual 

19 property protection; and 

20 (C) to respect the Declaration on the TRIPS 

21 Agreement and Public Health, adopted by the 

22 World Trade Organization at the Fourth Min23 isterial Conference at Doha, Qatar on November 

24 14, 2001, and to ensure that trade agreements 
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1 foster innovation and promote access to medi2 cines. 

3 (6) DIGITAL TRADE IN GOODS AND SERVICES

4 AND CROSS-BORDER DATA FLOWS.—The principal ne5 gotiating objectives of the United States with respect 

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

7 cross-border data flows, are— 

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

9 disciplines, and commitments under the World 

10 Trade Organization and bilateral and regional 

11 trade agreements apply to digital trade in goods 

12 and services and to cross-border data flows; 

13 (B) to ensure that— 

14 (i) electronically delivered goods and 

15 services receive no less favorable treatment 

16 under trade rules and commitments than 

17 like products delivered in physical form; 

18 and 

19 (ii) the classification of such goods and 

20 services ensures the most liberal trade treat21 ment possible, fully encompassing both ex22 isting and new trade; 

23 (C) to ensure that governments refrain from 

24 implementing trade-related measures that im25 pede digital trade in goods and services, restrict 
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1 cross-border data flows, or require local storage 

2 or processing of data; 

3 (D) with respect to subparagraphs (A) 

4 through (C), where legitimate policy objectives 

5 require domestic regulations that affect digital 

6 trade in goods and services or cross-border data 

7 flows, to obtain commitments that any such reg8 ulations are the least restrictive on trade, non9 discriminatory, and transparent, and promote 

10 an open market environment; and 

11 (E) to extend the moratorium of the World 

12 Trade Organization on duties on electronic 

13 transmissions. 

14 (7) REGULATORY PRACTICES.—The principal ne15 gotiating objectives of the United States regarding the 

16 use of government regulation or other practices to re17 duce market access for United States goods, services, 

18 and investments are— 

19 (A) to achieve increased transparency and 

20 opportunity for the participation of affected par21 ties in the development of regulations; 

22 (B) to require that proposed regulations be 

23 based on sound science, cost benefit analysis, risk 

24 assessment, or other objective evidence; 
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1 (C) to establish consultative mechanisms 

2 and seek other commitments, as appropriate, to 

3 improve regulatory practices and promote in4 creased regulatory coherence, including 

5 through— 

6 (i) transparency in developing guide7 lines, rules, regulations, and laws for gov8 ernment procurement and other regulatory 

9 regimes; 

10 (ii) the elimination of redundancies in 

11 testing and certification; 

12 (iii) early consultations on significant 

13 regulations; 

14 (iv) the use of impact assessments; 

15 (v) the periodic review of existing regu16 latory measures; and 

17 (vi) the application of good regulatory 

18 practices; 

19 (D) to seek greater openness, transparency, 

20 and convergence of standards development proc21 esses, and enhance cooperation on standards 

22 issues globally; 

23 (E) to promote regulatory compatibility 

24 through harmonization, equivalence, or mutual 

25 recognition of different regulations and stand-
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1 ards and to encourage the use of international 

2 and interoperable standards, as appropriate; 

3 (F) to achieve the elimination of govern4 ment measures such as price controls and ref5 erence pricing which deny full market access for 

6 United States products; 

7 (G) to ensure that government regulatory 

8 reimbursement regimes are transparent, provide 

9 procedural fairness, are nondiscriminatory, and 

10 provide full market access for United States 

11 products; and 

12 (H) to ensure that foreign governments— 

13 (i) demonstrate that the collection of 

14 undisclosed proprietary information is lim15 ited to that necessary to satisfy a legitimate 

16 and justifiable regulatory interest; and 

17 (ii) protect such information against 

18 disclosure, except in exceptional cir19 cumstances to protect the public, or where 

20 such information is effectively protected 

21 against unfair competition. 

22 (8) STATE-OWNED AND STATE-CONTROLLED EN23 TERPRISES.—The principal negotiating objective of 

24 the United States regarding competition by state- 
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1 owned and state-controlled enterprises is to seek com2 mitments that— 

3 (A) eliminate or prevent trade distortions 

4 and unfair competition favoring state-owned and 

5 state-controlled enterprises to the extent of their 

6 engagement in commercial activity, and 

7 (B) ensure that such engagement is based 

8 solely on commercial considerations, 

9 in particular through disciplines that eliminate or 

10 prevent discrimination and market-distorting sub11 sidies and that promote transparency. 

12 (9) LOCALIZATION BARRIERS TO TRADE.—The 

13 principal negotiating objective of the United States 

14 with respect to localization barriers is to eliminate 

15 and prevent measures that require United States pro16 ducers and service providers to locate facilities, intel17 lectual property, or other assets in a country as a 

18 market access or investment condition, including in19 digenous innovation measures. 

20 (10) LABOR AND THE ENVIRONMENT.—The prin21 cipal negotiating objectives of the United States with 

22 respect to labor and the environment are— 

23 (A) to ensure that a party to a trade agree24 ment with the United States— 
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1 (i) adopts and maintains measures im2 plementing internationally recognized core 

3 labor standards (as defined in section 

4 111(17)) and its obligations under common 

5 multilateral environmental agreements (as 

6 defined in section 111(6)), 

7 (ii) does not waive or otherwise dero8 gate from, or offer to waive or otherwise 

9 derogate from— 

10 (I) its statutes or regulations im11 plementing internationally recognized 

12 core labor standards (as defined in sec13 tion 111(17)), in a manner affecting 

14 trade or investment between the United 

15 States and that party, where the waiv16 er or derogation would be inconsistent 

17 with one or more such standards, or 

18 (II) its environmental laws in a 

19 manner that weakens or reduces the 

20 protections afforded in those laws and 

21 in a manner affecting trade or invest22 ment between the United States and 

23 that party, except as provided in its 

24 law and provided not inconsistent with 

25 its obligations under common multilat-
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1 eral environmental agreements (as de2 fined in section 111(6)) or other provi3 sions of the trade agreement specifi4 cally agreed upon, and 

5 (iii) does not fail to effectively enforce 

6 its environmental or labor laws, through a 

7 sustained or recurring course of action or 

8 inaction, 

9 in a manner affecting trade or investment be10 tween the United States and that party after 

11 entry into force of a trade agreement between 

12 those countries; 

13 (B) to recognize that— 

14 (i) with respect to environment, parties 

15 to a trade agreement retain the right to ex16 ercise prosecutorial discretion and to make 

17 decisions regarding the allocation of enforce18 ment resources with respect to other envi19 ronmental laws determined to have higher 

20 priorities, and a party is effectively enforc21 ing its laws if a course of action or inaction 

22 reflects a reasonable, bona fide exercise of 

23 such discretion, or results from a reason24 able, bona fide decision regarding the allo25 cation of resources; and 
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1 (ii) with respect to labor, decisions re2 garding the distribution of enforcement re3 sources are not a reason for not complying 

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

5 a trade agreement retains the right to rea6 sonable exercise of discretion and to make 

7 bona fide decisions regarding the allocation 

8 of resources between labor enforcement ac9 tivities among core labor standards, pro10 vided the exercise of such discretion and 

11 such decisions are not inconsistent with its 

12 obligations; 

13 (C) to strengthen the capacity of United 

14 States trading partners to promote respect for 

15 core labor standards (as defined in section 

16 111(7)); 

17 (D) to strengthen the capacity of United 

18 States trading partners to protect the environ19 ment through the promotion of sustainable devel20 opment; 

21 (E) to reduce or eliminate government prac22 tices or policies that unduly threaten sustainable 

23 development; 

24 (F) to seek market access, through the elimi25 nation of tariffs and nontariff barriers, for 
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1 United States environmental technologies, goods, 

2 and services; 

3 (G) to ensure that labor, environmental, 

4 health, or safety policies and practices of the 

5 parties to trade agreements with the United 

6 States do not arbitrarily or unjustifiably dis7 criminate against United States exports or serve 

8 as disguised barriers to trade; 

9 (H) to ensure that enforceable labor and en10 vironment obligations are subject to the same 

11 dispute settlement and remedies as other enforce12 able obligations under the agreement; and 

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

14 construed to empower a party’s authorities to 

15 undertake labor or environmental law enforce16 ment activities in the territory of the United 

17 States. 

18 (11) CURRENCY.—The principal negotiating ob19 jective of the United States with respect to currency 

20 practices is that parties to a trade agreement with the 

21 United States avoid manipulating exchange rates in 

22 order to prevent effective balance of payments adjust23 ment or to gain an unfair competitive advantage over 

24 other parties to the agreement, such as through coop-
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1 erative mechanisms, enforceable rules, reporting, mon2 itoring, transparency, or other means, as appropriate. 

3 (12) FOREIGN CURRENCY MANIPULATION.—The 

4 principal negotiating objective of the United States 

5 with respect to unfair currency practices is to seek to 

6 establish accountability through enforceable rules, 

7 transparency, reporting, monitoring, cooperative 

8 mechanisms, or other means to address exchange rate 

9 manipulation involving protracted large scale inter10 vention in one direction in the exchange markets and 

11 a persistently undervalued foreign exchange rate to 

12 gain an unfair competitive advantage in trade over 

13 other parties to a trade agreement, consistent with ex14 isting obligations of the United States as a member 

15 of the International Monetary Fund and the World 

16 Trade Organization. 

17 (13) WTO AND MULTILATERAL TRADE AGREE18 MENTS.—Recognizing that the World Trade Organi19 zation is the foundation of the global trading system, 

20 the principal negotiating objectives of the United 

21 States regarding the World Trade Organization, the 

22 Uruguay Round Agreements, and other multilateral 

23 and plurilateral trade agreements are— 

24 (A) to achieve full implementation and ex25 tend the coverage of the World Trade Organiza-
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1 tion and multilateral and plurilateral agree2 ments to products, sectors, and conditions of 

3 trade not adequately covered; 

4 (B) to expand country participation in and 

5 enhancement of the Information Technology 

6 Agreement, the Government Procurement Agree7 ment, and other plurilateral trade agreements of 

8 the World Trade Organization; 

9 (C) to expand competitive market opportu10 nities for United States exports and to obtain 

11 fairer and more open conditions of trade, includ12 ing through utilization of global value chains, 

13 through the negotiation of new WTO multilateral 

14 and plurilateral trade agreements, such as an 

15 agreement on trade facilitation; 

16 (D) to ensure that regional trade agree17 ments to which the United States is not a party 

18 fully achieve the high standards of, and comply 

19 with, WTO disciplines, including Article XXIV 

20 of GATT 1994, Article V and V bis of the Gen21 eral Agreement on Trade in Services, and the 

22 Enabling Clause, including through meaningful 

23 WTO review of such regional trade agreements; 

24 (E) to enhance compliance by WTO mem25 bers with their obligations as WTO members 
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1 through active participation in the bodies of the 

2 World Trade Organization by the United States 

3 and all other WTO members, including in the 

4 trade policy review mechanism and the com5 mittee system of the World Trade Organization, 

6 and by working to increase the effectiveness of 

7 such bodies; and 

8 (F) to encourage greater cooperation be9 tween the World Trade Organization and other 

10 international organizations. 

11 (14) TRADE INSTITUTION TRANSPARENCY.—The 

12 principal negotiating objective of the United States 

13 with respect to transparency is to obtain wider and 

14 broader application of the principle of transparency 

15 in the World Trade Organization, entities established 

16 under bilateral and regional trade agreements, and 

17 other international trade fora through seeking— 

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

20 institutions; 

21 (B) openness by ensuring public access to 

22 appropriate meetings, proceedings, and submis23 sions, including with regard to trade and invest24 ment dispute settlement; and 
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1 (C) public access to all notifications and 

2 supporting documentation submitted by WTO 

3 members. 

4 (15) 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 Organiza-
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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 (16) 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 

25 Appellate Body to apply the WTO Agree-
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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 (17) 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 (18) 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 (19) 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 (20) 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 103(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 nontariff barriers on Israeli 

17 goods, services, or other commerce imposed 

18 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 (21) 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 title. 

7 SEC. 103. 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 title 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 title. 

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 re-
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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 106 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 lay-
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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 title 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 title. 

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 

8 102 and the President satisfies the conditions set forth 

9 in sections 104 and 105. 

10 (3) BILLS QUALIFYING FOR TRADE AUTHORITIES

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

12 the Trade Act of 1974 (in this title 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 title be referred to as an ‘‘im19 plementing 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 

13 106(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 title, 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 title; 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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•HR 2146 EAH 

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 103(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 103(b) of that Act after June 30, 

21 2018.’’, with the blank space being filled with the 

22 name of the 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 
49 

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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 102. 

11 SEC. 104. 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 title, 

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 
52 

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1 under subsection (b), regarding negotiations 

2 conducted under this title; 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 title, 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 informa-
53 

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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 negotia-
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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 title, 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 Con-
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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 title 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 title 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 title 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 title 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 ne-
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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 105(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 title; 

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 title; 

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. 105. 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 

3 103(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 104(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 104(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 102(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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•HR 2146 EAH 

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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•HR 2146 EAH 

1 (2) and (3) of section 107(a), as soon as prac2 ticable after the date of the enactment of this Act, 

3 the 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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•HR 2146 EAH 

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 

25 Ways and Means and the Committee on Ag-
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•HR 2146 EAH 

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, negotia-
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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 103(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 104(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 title; and 

10 (C) the implementation of the agreement 

11 under section 106, 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 103(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 102(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 106(b) introduced with 

21 respect to a trade agreement entered into 

22 pursuant to the negotiations to which the 

23 report under subparagraph (A) relates has 

24 previously been reported in that House of 

25 Congress by the Committee on Ways and 
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•HR 2146 EAH 

1 Means or the Committee on Finance, as the 

2 case 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 105(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 102(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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•HR 2146 EAH 

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 103 shall be provided to the President, Con6 gress, and the United States Trade Representative not 

7 later than 30 days after the date on which the Presi8 dent notifies Congress under section 103(a)(2) or 

9 106(a)(1)(A) of the intention of the President to enter 

10 into the 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 103(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 Commis-
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•HR 2146 EAH 

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 103(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 No. 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 102(c) to 

18 the Committee on Ways and Means of the House 

19 of Representatives and the Committee on Fi20 nance of the Senate at the time the President 

21 submits to Congress a copy of the final legal text 

22 of an agreement pursuant to section 

23 106(a)(1)(E). 

24 (2) EMPLOYMENT IMPACT REVIEWS AND RE25 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 No. 

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 106(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 104(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 106(a)(1)(E), the 

8 President shall also submit to Congress a plan for im9 plementing 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 title 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. 106. IMPLEMENTATION OF TRADE AGREEMENTS. 

5 (a) IN GENERAL.— 

6 (1) NOTIFICATION AND SUBMISSION.—Any agree7 ment entered into under section 103(b) shall enter 

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

9 only 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 103(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 title; 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 103(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 103(b) does not 

22 receive benefits under the agreement unless the coun23 try is also subject to the obligations under the agree24 ment, the implementing bill submitted with respect to 

25 the agreement shall provide that the benefits and obli-
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1 gations 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 

5 103(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 

25 with respect to such trade agreement or agree-
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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 104 and 105 and this 

15 section with respect to the negotiations, 

16 agreement, or agreements; 

17 (II) guidelines under section 104 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 104(c)(4) with respect to the negotia25 tions, 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 title. 

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 105(b)(3)(B) with 

7 respect 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 103(b), the committee fails to 

2 favorably report the bill, the committee shall re3 port 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 103(b) with other than a favorable 

18 recommendation; 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 Sec-
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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 102(b)(15)(C). Trade authorities 

10 procedures shall not apply to any implementing bill 

11 with respect to an agreement negotiated under the 

12 auspices of the World Trade Organization unless the 

13 Secretary of Commerce has issued such report by the 

14 deadline specified in this paragraph. 

15 (6) LIMITATIONS ON PROCEDURES WITH RE16 SPECT TO AGREEMENTS WITH COUNTRIES NOT IN

17 COMPLIANCE WITH TRAFFICKING VICTIMS PROTECTION

18 ACT OF 2000.— 

19 (A) IN GENERAL.—The trade authorities 

20 procedures shall not apply to any implementing 

21 bill submitted with respect to a trade agreement 

22 or trade agreements entered into under section 

23 103(b) with a country to which the minimum 

24 standards for the elimination of trafficking are 

25 applicable and the government of which does not 
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1 fully comply with such standards and is not 

2 making significant efforts to bring the country 

3 into compliance (commonly referred to as a ‘‘tier 

4 3’’ country), as determined in the most recent 

5 annual report on trafficking in persons sub6 mitted under section 110(b)(1) of the Trafficking 

7 Victims Protection Act of 2000 (22 U.S.C. 

8 7107(b)(1)). 

9 (B) MINIMUM STANDARDS FOR THE ELIMI10 NATION OF TRAFFICKING DEFINED.—In this 

11 paragraph, the term ‘‘minimum standards for 

12 the elimination of trafficking’’ means the stand13 ards set forth in section 108 of the Trafficking 

14 Victims Protection Act of 2000 (22 U.S.C. 7106). 

15 (c) RULES OF HOUSE OF REPRESENTATIVES AND SEN16 ATE.—Subsection (b) of this section, section 103(c), and sec17 tion 105(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 re-
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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. 107. TREATMENT OF CERTAIN TRADE AGREEMENTS 

5 FOR WHICH NEGOTIATIONS HAVE ALREADY 

6 BEGUN. 

7 (a) CERTAIN AGREEMENTS.—Notwithstanding the 

8 prenegotiation notification and consultation requirement 

9 described in section 105(a), if an agreement to which section 

10 103(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 

16 105(a)(1)(A) as of the date of the enactment of this 

17 Act, 

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

19 (4) is an agreement with respect to international 

20 trade in services entered into with WTO members 

21 with respect to which a notification has been made in 

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

23 the date of the enactment of this Act, or 

24 (5) is an agreement with respect to environ25 mental goods entered into with WTO members with 
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1 respect to which a notification has been made in a 

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

3 date of the enactment of this Act, 

4 and results from negotiations that were commenced before 

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

6 apply. 

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

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

9 of the trade authorities procedures to implementing bills 

10 shall be determined without regard to the requirements of 

11 section 105(a) (relating only to notice prior to initiating 

12 negotiations), and any resolution under paragraph (1)(B), 

13 (3)(C), or (4)(C) of section 106(b) shall not be in order on 

14 the basis of a failure or refusal to comply with the provi15 sions of section 105(a), if (and only if) the President, as 

16 soon as feasible after the date of the enactment of this Act— 

17 (1) notifies Congress of the negotiations described 

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

19 in the negotiations, and whether the President is seek20 ing a new agreement or changes to an existing agree21 ment; and 

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

23 consults regarding the negotiations with the commit24 tees referred to in section 105(a)(1)(B) and the House 
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1 and Senate Advisory Groups on Negotiations con2 vened under section 104(c). 

3 SEC. 108. SOVEREIGNTY. 

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

5 CONFLICT.—No provision of any trade agreement entered 

6 into under section 103(b), nor the application of any such 

7 provision to any person or circumstance, that is incon8 sistent with any law of the United States, any State of the 

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

10 have effect. 

11 (b) AMENDMENTS OR MODIFICATIONS OF UNITED

12 STATES LAW.—No provision of any trade agreement en13 tered into under section 103(b) shall prevent the United 

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

15 the United States from amending or modifying any law 

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

17 may be). 

18 (c) DISPUTE SETTLEMENT REPORTS.—Reports, in19 cluding findings and recommendations, issued by dispute 

20 settlement panels convened pursuant to any trade agree21 ment entered into under section 103(b) shall have no bind22 ing effect on the law of the United States, the Government 

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

24 or locality of the United States. 
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1 SEC. 109. INTERESTS OF SMALL BUSINESSES. 

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

3 that— 

4 (1) the United States Trade Representative 

5 should facilitate participation by small businesses in 

6 the trade negotiation process; and 

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

8 States Trade Representative relating to small busi9 nesses should continue to be reflected in the title of the 

10 Assistant United States Trade Representative as11 signed the responsibility for small businesses. 

12 (b) CONSIDERATION OF SMALL BUSINESS INTER13 ESTS.—The Assistant United States Trade Representative 

14 for Small Business, Market Access, and Industrial Competi15 tiveness shall be responsible for ensuring that the interests 

16 of small businesses are considered in all trade negotiations 

17 in accordance with the objective described in section 

18 102(a)(8). 

19 SEC. 110. CONFORMING AMENDMENTS; APPLICATION OF 

20 CERTAIN PROVISIONS. 

21 (a) CONFORMING AMENDMENTS.— 

22 (1) ADVICE FROM UNITED STATES INTER23 NATIONAL TRADE COMMISSION.—Section 131 of the 

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

25 (A) in subsection (a)— 
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1 (i) in paragraph (1), by striking ‘‘sec2 tion 2103(a) or (b) of the Bipartisan Trade 

3 Promotion Authority Act of 2002’’ and in4 serting ‘‘subsection (a) or (b) of section 103 

5 of the Bipartisan Congressional Trade Pri6 orities and Accountability Act of 2015’’; 

7 and 

8 (ii) in paragraph (2), by striking ‘‘sec9 tion 2103(b) of the Bipartisan Trade Pro10 motion Authority Act of 2002’’ and insert11 ing ‘‘section 103(b) of the Bipartisan Con12 gressional Trade Priorities and Account13 ability Act of 2015’’; 

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

15 2103(a)(3)(A) of the Bipartisan Trade Pro16 motion Authority Act of 2002’’ and inserting 

17 ‘‘section 103(a)(4)(A) of the Bipartisan Congres18 sional Trade Priorities and Accountability Act 

19 of 2015’’; and 

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

21 2103 of the Bipartisan Trade Promotion Author22 ity Act of 2002’’ and inserting ‘‘section 103(a) of 

23 the Bipartisan Congressional Trade Priorities 

24 and Accountability Act of 2015’’. 
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1 (2) HEARINGS.—Section 132 of the Trade Act of 

2 1974 (19 U.S.C. 2152) is amended by striking ‘‘sec3 tion 2103 of the Bipartisan Trade Promotion Author4 ity Act of 2002’’ and inserting ‘‘section 103 of the Bi5 partisan Congressional Trade Priorities and Account6 ability Act of 2015’’. 

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

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

9 striking ‘‘section 2103 of the Bipartisan Trade Pro10 motion Authority Act of 2002’’ and inserting ‘‘section 

11 103 of the Bipartisan Congressional Trade Priorities 

12 and Accountability Act of 2015’’. 

13 (4) PREREQUISITES FOR OFFERS.—Section 134 

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

15 by striking ‘‘section 2103 of the Bipartisan Trade 

16 Promotion Authority Act of 2002’’ each place it ap17 pears and inserting ‘‘section 103 of the Bipartisan 

18 Congressional Trade Priorities and Accountability 

19 Act of 2015’’. 

20 (5) INFORMATION AND ADVICE FROM PRIVATE

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

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

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

24 ‘‘section 2103 of the Bipartisan Trade Promotion 

25 Authority Act of 2002’’ and inserting ‘‘section 
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1 103 of the Bipartisan Congressional Trade Pri2 orities and Accountability Act of 2015’’; and 

3 (B) in subsection (e)— 

4 (i) in paragraph (1)— 

5 (I) by striking ‘‘section 2103 of 

6 the Bipartisan Trade Promotion Au7 thority Act of 2002’’ each place it ap8 pears and inserting ‘‘section 103 of the 

9 Bipartisan Congressional Trade Prior10 ities and Accountability Act of 2015’’; 

11 and 

12 (II) by striking ‘‘not later than 

13 the date on which the President notifies 

14 the Congress under section 

15 2105(a)(1)(A) of the Bipartisan Trade 

16 Promotion Authority Act of 2002’’ and 

17 inserting ‘‘not later than the date that 

18 is 30 days after the date on which the 

19 President notifies Congress under sec20 tion 106(a)(1)(A) of the Bipartisan 

21 Congressional Trade Priorities and Ac22 countability Act of 2015’’; and 

23 (ii) in paragraph (2), by striking ‘‘sec24 tion 2102 of the Bipartisan Trade Pro25 motion Authority Act of 2002’’ and insert-
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1 ing ‘‘section 102 of the Bipartisan Congres2 sional Trade Priorities and Accountability 

3 Act of 2015’’. 

4 (6) PROCEDURES RELATING TO IMPLEMENTING

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

6 U.S.C. 2191) is amended— 

7 (A) in subsection (b)(1), in the matter pre8 ceding subparagraph (A), by striking ‘‘section 

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

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

11 106(a)(1) of the Bipartisan Congressional Trade 

12 Priorities and Accountability Act of 2015’’; and 

13 (B) in subsection (c)(1), by striking ‘‘section 

14 2105(a)(1) of the Bipartisan Trade Promotion 

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

16 106(a)(1) of the Bipartisan Congressional Trade 

17 Priorities and Accountability Act of 2015’’. 

18 (7) TRANSMISSION OF AGREEMENTS TO CON19 GRESS.—Section 162(a) of the Trade Act of 1974 (19 

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

21 of the Bipartisan Trade Promotion Authority Act of 

22 2002’’ and inserting ‘‘section 103 of the Bipartisan 

23 Congressional Trade Priorities and Accountability 

24 Act of 2015’’. 
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1 (b) APPLICATION OF CERTAIN PROVISIONS.—For pur2 poses of applying sections 125, 126, and 127 of the Trade 

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

4 (1) any trade agreement entered into under sec5 tion 103 shall be treated as an agreement entered into 

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

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

8 (2) any proclamation or Executive order issued 

9 pursuant to a trade agreement entered into under sec10 tion 103 shall be treated as a proclamation or Execu11 tive order issued pursuant to a trade agreement en12 tered into under section 102 of the Trade Act of 1974 

13 (19 U.S.C. 2112). 

14 SEC. 111. DEFINITIONS. 

15 In this title: 

16 (1) AGREEMENT ON AGRICULTURE.—The term 

17 ‘‘Agreement on Agriculture’’ means the agreement re18 ferred to in section 101(d)(2) of the Uruguay Round 

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

20 (2) AGREEMENT ON SAFEGUARDS.—The term 

21 ‘‘Agreement on Safeguards’’ means the agreement re22 ferred to in section 101(d)(13) of the Uruguay Round 

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

24 (3) AGREEMENT ON SUBSIDIES AND COUNTER25 VAILING MEASURES.—The term ‘‘Agreement on Sub-
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1 sidies and Countervailing Measures’’ means the agree2 ment referred to in section 101(d)(12) of the Uruguay 

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

4 (4) ANTIDUMPING AGREEMENT.—The term 

5 ‘‘Antidumping Agreement’’ means the Agreement on 

6 Implementation of Article VI of the General Agree7 ment on Tariffs and Trade 1994 referred to in section 

8 101(d)(7) of the Uruguay Round Agreements Act (19 

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

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

11 Body’’ means the Appellate Body established under 

12 Article 17.1 of the Dispute Settlement Understanding. 

13 (6) COMMON MULTILATERAL ENVIRONMENTAL

14 AGREEMENT.— 

15 (A) IN GENERAL.—The term ‘‘common mul16 tilateral environmental agreement’’ means any 

17 agreement specified in subparagraph (B) or in18 cluded under subparagraph (C) to which both the 

19 United States and one or more other parties to 

20 the negotiations are full parties, including any 

21 current or future mutually agreed upon proto22 cols, amendments, annexes, or adjustments to 

23 such an agreement. 
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1 (B) AGREEMENTS SPECIFIED.—The agree2 ments specified in this subparagraph are the fol3 lowing: 

4 (i) The Convention on International 

5 Trade in Endangered Species of Wild 

6 Fauna and Flora, done at Washington 

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

8 (ii) The Montreal Protocol on Sub9 stances that Deplete the Ozone Layer, done 

10 at Montreal September 16, 1987. 

11 (iii) The Protocol of 1978 Relating to 

12 the International Convention for the Pre13 vention of Pollution from Ships, 1973, done 

14 at London February 17, 1978. 

15 (iv) The Convention on Wetlands of 

16 International Importance Especially as Wa17 terfowl Habitat, done at Ramsar February 

18 2, 1971 (TIAS 11084). 

19 (v) The Convention on the Conserva20 tion of Antarctic Marine Living Resources, 

21 done at Canberra May 20, 1980 (33 UST 

22 3476). 

23 (vi) The International Convention for 

24 the Regulation of Whaling, done at Wash25 ington December 2, 1946 (62 Stat. 1716). 
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1 (vii) The Convention for the Establish2 ment of an Inter-American Tropical Tuna 

3 Commission, done at Washington May 31, 

4 1949 (1 UST 230). 

5 (C) ADDITIONAL AGREEMENTS.—Both the 

6 United States and one or more other parties to 

7 the negotiations may agree to include any other 

8 multilateral environmental or conservation 

9 agreement to which they are full parties as a 

10 common multilateral environmental agreement 

11 under this paragraph. 

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

13 labor standards’’ means— 

14 (A) freedom of association; 

15 (B) the effective recognition of the right to 

16 collective bargaining; 

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

18 compulsory labor; 

19 (D) the effective abolition of child labor and 

20 a prohibition on the worst forms of child labor; 

21 and 

22 (E) the elimination of discrimination in re23 spect of employment and occupation. 

24 (8) DISPUTE SETTLEMENT UNDERSTANDING.— 

25 The term ‘‘Dispute Settlement Understanding’’ means 
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1 the Understanding on Rules and Procedures Gov2 erning the Settlement of Disputes referred to in sec3 tion 101(d)(16) of the Uruguay Round Agreements 

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

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

6 Clause’’ means the Decision on Differential and More 

7 Favourable Treatment, Reciprocity and Fuller Par8 ticipation of Developing Countries (L/4903), adopted 

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

10 section 2 of the Uruguay Round Agreements Act (19 

11 U.S.C. 3501)). 

12 (10) ENVIRONMENTAL LAWS.—The term ‘‘envi13 ronmental laws’’, with respect to the laws of the 

14 United States, means environmental statutes and reg15 ulations enforceable by action of the Federal Govern16 ment. 

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

18 the meaning given that term in section 2 of the Uru19 guay Round Agreements Act (19 U.S.C. 3501). 

20 (12) GENERAL AGREEMENT ON TRADE IN SERV21 ICES.—The term ‘‘General Agreement on Trade in 

22 Services’’ means the General Agreement on Trade in 

23 Services (referred to in section 101(d)(14) of the Uru24 guay Round Agreements Act (19 U.S.C. 

25 3511(d)(14))). 
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1 (13) GOVERNMENT PROCUREMENT AGREE2 MENT.—The term ‘‘Government Procurement Agree3 ment’’ means the Agreement on Government Procure4 ment referred to in section 101(d)(17) of the Uruguay 

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

6 (14) ILO.—The term ‘‘ILO’’ means the Inter7 national Labor Organization. 

8 (15) IMPORT SENSITIVE AGRICULTURAL PROD9 UCT.—The term ‘‘import sensitive agricultural prod10 uct’’ means an agricultural product— 

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

12 Uruguay Round Agreements, the rate of duty 

13 was the subject of tariff reductions by the United 

14 States and, pursuant to such Agreements, was 

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

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

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

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

19 on the date of the enactment of this Act. 

20 (16) INFORMATION TECHNOLOGY AGREEMENT.— 

21 The term ‘‘Information Technology Agreement’’ means 

22 the Ministerial Declaration on Trade in Information 

23 Technology Products of the World Trade Organiza24 tion, agreed to at Singapore December 13, 1996. 
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1 (17) INTERNATIONALLY RECOGNIZED CORE

2 LABOR STANDARDS.—The term ‘‘internationally rec3 ognized core labor standards’’ means the core labor 

4 standards only as stated in the ILO Declaration on 

5 Fundamental Principles and Rights at Work and its 

6 Follow-Up (1998). 

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

8 means the statutes and regulations, or provisions 

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

10 related to core labor standards as well as other labor 

11 protections for children and minors and acceptable 

12 conditions of work with respect to minimum wages, 

13 hours of work, and occupational safety and health, 

14 and for the United States, includes Federal statutes 

15 and regulations addressing those standards, protec16 tions, or conditions, but does not include State or 

17 local labor laws. 

18 (19) UNITED STATES PERSON.—The term 

19 ‘‘United States person’’ means— 

20 (A) a United States citizen; 

21 (B) a partnership, corporation, or other 

22 legal entity that is organized under the laws of 

23 the United States; and 

24 (C) a partnership, corporation, or other 

25 legal entity that is organized under the laws of 
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1 a foreign country and is controlled by entities 

2 described in subparagraph (B) or United States 

3 citizens, or both. 

4 (20) URUGUAY ROUND AGREEMENTS.—The term 

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

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

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

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

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

10 mean the organization established pursuant to the 

11 WTO Agreement. 

12 (22) WTO AGREEMENT.—The term ‘‘WTO Agree13 ment’’ means the Agreement Establishing the World 

14 Trade Organization entered into on April 15, 1994. 

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

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

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

18 3501(10)). 

Attest: 

Clerk. 

114TH CONGRESS 

1ST SESSION H.R. 2146 

HOUSE AMENDMENT TO 

SENATE AMENDMENT