H. R. 2146 

One Hundred Fourteenth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the sixth day of January, two thousand and fifteen 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Defending Public Safety 

Employees’ Retirement Act’’. 

SEC. 2. EARLY RETIREMENT DISTRIBUTIONS TO FEDERAL LAW 

ENFORCEMENT OFFICERS, FIREFIGHTERS, AND AIR 

TRAFFIC CONTROLLERS IN GOVERNMENTAL PLANS. 

(a) IN GENERAL.—Section 72(t)(10)(B) of the Internal Revenue 

Code of 1986 is amended— 

(1) by striking the period at the end and inserting ‘‘, or’’; 

(2) by striking ‘‘means any employee’’ and inserting the 

following: ‘‘means— 

‘‘(i) any employee’’; and 

(3) by adding at the end the following new clause: 

‘‘(ii) any Federal law enforcement officer described 

in section 8331(20) or 8401(17) of title 5, United States 

Code, any Federal customs and border protection 

officer described in section 8331(31) or 8401(36) of such 

title, any Federal firefighter described in section 

8331(21) or 8401(14) of such title, or any air traffic 

controller described in 8331(30) or 8401(35) of such 

title.’’. 

(b) APPLICATION TO DEFINED CONTRIBUTION PLANS.—Section 

72(t)(10)(A) of such Code is amended by striking ‘‘which is a defined 

benefit plan’’. 

(c) DISTRIBUTIONS NOT TREATED AS MODIFICATION OF SUBSTANTIALLY EQUAL PAYMENTS.—Section 72(t)(4)(A)(ii) of such Code is 

amended by inserting ‘‘or a distribution to which paragraph (10) 

applies’’ after ‘‘other than by reason of death or disability’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall apply to distributions after December 31, 2015. 

SEC. 3. BUDGETARY EFFECTS. 

The budgetary effects of this Act shall not be entered on either 

PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. 
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TITLE I—TRADE PROMOTION 

AUTHORITY 

SEC. 101. SHORT TITLE. 

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

Priorities and Accountability Act of 2015’’. 

SEC. 102. TRADE NEGOTIATING OBJECTIVES. 

(a) OVERALL TRADE NEGOTIATING OBJECTIVES.—The overall 

trade negotiating objectives of the United States for agreements 

subject to the provisions of section 103 are— 

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

access; 

(2) to obtain the reduction or elimination of barriers and 

distortions that are directly related to trade and investment 

and that decrease market opportunities for United States 

exports or otherwise distort United States trade; 

(3) to further strengthen the system of international trade 

and investment disciplines and procedures, including dispute 

settlement; 

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

enhance the competitiveness of the United States, promote 

full employment in the United States, and enhance the global 

economy; 

(5) to ensure that trade and environmental policies are 

mutually supportive and to seek to protect and preserve the 

environment and enhance the international means of doing 

so, while optimizing the use of the world’s resources; 

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

of children consistent with core labor standards of the ILO 

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

relationship between trade and worker rights; 

(7) to seek provisions in trade agreements under which 

parties to those agreements ensure that they do not weaken 

or reduce the protections afforded in domestic environmental 

and labor laws as an encouragement for trade; 

(8) to ensure that trade agreements afford small businesses 

equal access to international markets, equitable trade benefits, 

and expanded export market opportunities, and provide for 

the reduction or elimination of trade and investment barriers 

that disproportionately impact small businesses; 

(9) to promote universal ratification and full compliance 

with ILO Convention No. 182 Concerning the Prohibition and 

Immediate Action for the Elimination of the Worst Forms of 

Child Labor; 

(10) to ensure that trade agreements reflect and facilitate 

the increasingly interrelated, multi-sectoral nature of trade and 

investment activity; 

(11) to recognize the growing significance of the Internet 

as a trading platform in international commerce; 

(12) to take into account other legitimate United States 

domestic objectives, including, but not limited to, the protection 

of legitimate health or safety, essential security, and consumer 

interests and the law and regulations related thereto; and 
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(13) to take into account conditions relating to religious 

freedom of any party to negotiations for a trade agreement 

with the United States. 

(b) PRINCIPAL TRADE NEGOTIATING OBJECTIVES.— 

(1) TRADE IN GOODS.—The principal negotiating objectives 

of the United States regarding trade in goods are— 

(A) to expand competitive market opportunities for 

exports of goods from the United States and to obtain 

fairer and more open conditions of trade, including through 

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

decrease market opportunities for United States exports 

or otherwise distort United States trade; and 

(B) to obtain reciprocal tariff and nontariff barrier 

elimination agreements, including with respect to those 

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

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

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

objective of the United States regarding trade in services is 

to expand competitive market opportunities for United States 

services and to obtain fairer and more open conditions of trade, 

including through utilization of global value chains, by reducing 

or eliminating barriers to international trade in services, such 

as regulatory and other barriers that deny national treatment 

and market access or unreasonably restrict the establishment 

or operations of service suppliers. 

(B) Recognizing that expansion of trade in services generates benefits for all sectors of the economy and facilitates 

trade, the objective described in subparagraph (A) should be 

pursued through all means, including through a plurilateral 

agreement with those countries willing and able to undertake 

high standard services commitments for both existing and new 

services. 

(3) TRADE IN AGRICULTURE.—The principal negotiating 

objective of the United States with respect to agriculture is 

to obtain competitive opportunities for United States exports 

of agricultural commodities in foreign markets substantially 

equivalent to the competitive opportunities afforded foreign 

exports in United States markets and to achieve fairer and 

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

value added commodities by— 

(A) securing more open and equitable market access 

through robust rules on sanitary and phytosanitary measures that— 

(i) encourage the adoption of international standards and require a science-based justification be provided for a sanitary or phytosanitary measure if the 

measure is more restrictive than the applicable international standard; 

(ii) improve regulatory coherence, promote the use 

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

systems of exporting countries; 

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

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

trade than necessary to meet the intended purpose; 

and 

(iv) improve import check processes, including 

testing methodologies and procedures, and certification 

requirements, 

while recognizing that countries may put in place measures 

to protect human, animal, or plant life or health in a 

manner consistent with their international obligations, 

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

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

3511(d)(3))); 

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

or other charges that decrease market opportunities for 

United States exports— 

(i) giving priority to those products that are subject 

to significantly higher tariffs or subsidy regimes of 

major producing countries; and 

(ii) providing reasonable adjustment periods for 

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

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

or lower than those in the United States; 

(D) reducing or eliminating subsidies that decrease 

market opportunities for United States exports or unfairly 

distort agriculture markets to the detriment of the United 

States; 

(E) allowing the preservation of programs that support 

family farms and rural communities but do not distort 

trade; 

(F) developing disciplines for domestic support programs, so that production that is in excess of domestic 

food security needs is sold at world prices; 

(G) eliminating government policies that create price 

depressing surpluses; 

(H) eliminating state trading enterprises whenever possible; 

(I) developing, strengthening, and clarifying rules to 

eliminate practices that unfairly decrease United States 

market access opportunities or distort agricultural markets 

to the detriment of the United States, and ensuring that 

such rules are subject to efficient, timely, and effective 

dispute settlement, including— 

(i) unfair or trade distorting activities of state 

trading enterprises and other administrative mechanisms, with emphasis on requiring price transparency 

in the operation of state trading enterprises and such 

other mechanisms in order to end cross subsidization, 

price discrimination, and price undercutting; 

(ii) unjustified trade restrictions or commercial 

requirements, such as labeling, that affect new technologies, including biotechnology; 

(iii) unjustified sanitary or phytosanitary restrictions, including restrictions not based on scientific principles in contravention of obligations in the Uruguay 
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Round Agreements or bilateral or regional trade agreements; 

(iv) other unjustified technical barriers to trade; 

and 

(v) restrictive rules in the administration of tariff 

rate quotas; 

(J) eliminating practices that adversely affect trade 

in perishable or cyclical products, while improving import 

relief mechanisms to recognize the unique characteristics 

of perishable and cyclical agriculture; 

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

to growers in the United States as those mechanisms that 

are used by other countries; 

(L) taking into account whether a party to the negotiations has failed to adhere to the provisions of already 

existing trade agreements with the United States or has 

circumvented obligations under those agreements; 

(M) taking into account whether a product is subject 

to market distortions by reason of a failure of a major 

producing country to adhere to the provisions of already 

existing trade agreements with the United States or by 

the circumvention by that country of its obligations under 

those agreements; 

(N) otherwise ensuring that countries that accede to 

the World Trade Organization have made meaningful 

market liberalization commitments in agriculture; 

(O) taking into account the impact that agreements 

covering agriculture to which the United States is a party 

have on the United States agricultural industry; 

(P) maintaining bona fide food assistance programs, 

market development programs, and export credit programs; 

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

recognizing the effect that simultaneous sets of negotiations 

may have on United States import sensitive commodities 

(including those subject to tariff rate quotas); 

(R) seeking to develop an international consensus on 

the treatment of seasonal or perishable agricultural products in investigations relating to dumping and safeguards 

and in any other relevant area; 

(S) seeking to establish the common base year for 

calculating the Aggregated Measurement of Support (as 

defined in the Agreement on Agriculture) as the end of 

each country’s Uruguay Round implementation period, as 

reported in each country’s Uruguay Round market access 

schedule; 

(T) ensuring transparency in the administration of 

tariff rate quotas through multilateral, plurilateral, and 

bilateral negotiations; and 

(U) eliminating and preventing the undermining of 

market access for United States products through improper 

use of a country’s system for protecting or recognizing 

geographical indications, including failing to ensure transparency and procedural fairness and protecting generic 

terms. 
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(4) FOREIGN INVESTMENT.—Recognizing that United States 

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

international law, the principal negotiating objectives of the 

United States regarding foreign investment are to reduce or 

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

are not accorded greater substantive rights with respect to 

investment protections than United States investors in the 

United States, and to secure for investors important rights 

comparable to those that would be available under United 

States legal principles and practice, by— 

(A) reducing or eliminating exceptions to the principle 

of national treatment; 

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

(C) reducing or eliminating performance requirements, 

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

(D) seeking to establish standards for expropriation 

and compensation for expropriation, consistent with United 

States legal principles and practice; 

(E) seeking to establish standards for fair and equitable 

treatment, consistent with United States legal principles 

and practice, including the principle of due process; 

(F) providing meaningful procedures for resolving 

investment disputes; 

(G) seeking to improve mechanisms used to resolve 

disputes between an investor and a government through— 

(i) mechanisms to eliminate frivolous claims and 

to deter the filing of frivolous claims; 

(ii) procedures to ensure the efficient selection of 

arbitrators and the expeditious disposition of claims; 

(iii) procedures to enhance opportunities for public 

input into the formulation of government positions; 

and 

(iv) providing for an appellate body or similar 

mechanism to provide coherence to the interpretations 

of investment provisions in trade agreements; and 

(H) ensuring the fullest measure of transparency in 

the dispute settlement mechanism, to the extent consistent 

with the need to protect information that is classified or 

business confidential, by— 

(i) ensuring that all requests for dispute settlement 

are promptly made public; 

(ii) ensuring that— 

(I) all proceedings, submissions, findings, and 

decisions are promptly made public; and 

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

(iii) establishing a mechanism for acceptance of 

amicus curiae submissions from businesses, unions, 

and nongovernmental organizations. 

(5) INTELLECTUAL PROPERTY.—The principal negotiating 

objectives of the United States regarding trade-related intellectual property are— 

(A) to further promote adequate and effective protection of intellectual property rights, including through— 
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(i)(I) ensuring accelerated and full implementation 

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

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

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

enforcement obligations under that agreement; and 

(II) ensuring that the provisions of any trade agreement governing intellectual property rights that is 

entered into by the United States reflect a standard 

of protection similar to that found in United States 

law; 

(ii) providing strong protection for new and 

emerging technologies and new methods of transmitting and distributing products embodying intellectual 

property, including in a manner that facilitates legitimate digital trade; 

(iii) preventing or eliminating discrimination with 

respect to matters affecting the availability, acquisition, scope, maintenance, use, and enforcement of 

intellectual property rights; 

(iv) ensuring that standards of protection and 

enforcement keep pace with technological developments, and in particular ensuring that rightholders 

have the legal and technological means to control the 

use of their works through the Internet and other 

global communication media, and to prevent the 

unauthorized use of their works; 

(v) providing strong enforcement of intellectual 

property rights, including through accessible, expeditious, and effective civil, administrative, and criminal 

enforcement mechanisms; and 

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

including cyber theft and piracy; 

(B) to secure fair, equitable, and nondiscriminatory 

market access opportunities for United States persons that 

rely upon intellectual property protection; and 

(C) to respect the Declaration on the TRIPS Agreement 

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

on November 14, 2001, and to ensure that trade agreements 

foster innovation and promote access to medicines. 

(6) DIGITAL TRADE IN GOODS AND SERVICES AND CROSSBORDER DATA FLOWS.—The principal negotiating objectives of 

the United States with respect to digital trade in goods and 

services, as well as cross-border data flows, are— 

(A) to ensure that current obligations, rules, disciplines, and commitments under the World Trade 

Organization and bilateral and regional trade agreements 

apply to digital trade in goods and services and to crossborder data flows; 

(B) to ensure that— 

(i) electronically delivered goods and services 

receive no less favorable treatment under trade rules 

and commitments than like products delivered in physical form; and 
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(ii) the classification of such goods and services 

ensures the most liberal trade treatment possible, fully 

encompassing both existing and new trade; 

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

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

require local storage or processing of data; 

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

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

cross-border data flows, to obtain commitments that any 

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

market environment; and 

(E) to extend the moratorium of the World Trade 

Organization on duties on electronic transmissions. 

(7) REGULATORY PRACTICES.—The principal negotiating 

objectives of the United States regarding the use of government 

regulation or other practices to reduce market access for United 

States goods, services, and investments are— 

(A) to achieve increased transparency and opportunity 

for the participation of affected parties in the development 

of regulations; 

(B) to require that proposed regulations be based on 

sound science, cost benefit analysis, risk assessment, or 

other objective evidence; 

(C) to establish consultative mechanisms and seek 

other commitments, as appropriate, to improve regulatory 

practices and promote increased regulatory coherence, 

including through— 

(i) transparency in developing guidelines, rules, 

regulations, and laws for government procurement and 

other regulatory regimes; 

(ii) the elimination of redundancies in testing and 

certification; 

(iii) early consultations on significant regulations; 

(iv) the use of impact assessments; 

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

(vi) the application of good regulatory practices; 

(D) to seek greater openness, transparency, and convergence of standards development processes, and enhance 

cooperation on standards issues globally; 

(E) to promote regulatory compatibility through 

harmonization, equivalence, or mutual recognition of different regulations and standards and to encourage the 

use of international and interoperable standards, as appropriate; 

(F) to achieve the elimination of government measures 

such as price controls and reference pricing which deny 

full market access for United States products; 

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

are nondiscriminatory, and provide full market access for 

United States products; and 

(H) to ensure that foreign governments— 
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(i) demonstrate that the collection of undisclosed 

proprietary information is limited to that necessary 

to satisfy a legitimate and justifiable regulatory 

interest; and 

(ii) protect such information against disclosure, 

except in exceptional circumstances to protect the 

public, or where such information is effectively protected against unfair competition. 

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

The principal negotiating objective of the United States 

regarding competition by state-owned and state-controlled 

enterprises is to seek commitments that— 

(A) eliminate or prevent trade distortions and unfair 

competition favoring state-owned and state-controlled 

enterprises to the extent of their engagement in commercial 

activity, and 

(B) ensure that such engagement is based solely on 

commercial considerations, 

in particular through disciplines that eliminate or prevent 

discrimination and market-distorting subsidies and that promote transparency. 

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

barriers is to eliminate and prevent measures that require 

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

market access or investment condition, including indigenous 

innovation measures. 

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

and the environment are— 

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

the United States— 

(i) adopts and maintains measures implementing 

internationally recognized core labor standards (as 

defined in section 111(17)) and its obligations under 

common multilateral environmental agreements (as 

defined in section 111(6)), 

(ii) does not waive or otherwise derogate from, 

or offer to waive or otherwise derogate from— 

(I) its statutes or regulations implementing 

internationally recognized core labor standards (as 

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

trade or investment between the United States 

and that party, where the waiver or derogation 

would be inconsistent with one or more such standards, or 

(II) its environmental laws in a manner that 

weakens or reduces the protections afforded in 

those laws and in a manner affecting trade or 

investment between the United States and that 

party, except as provided in its law and provided 

not inconsistent with its obligations under common 

multilateral environmental agreements (as defined 

in section 111(6)) or other provisions of the trade 

agreement specifically agreed upon, and 
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(iii) does not fail to effectively enforce its environmental or labor laws, through a sustained or recurring 

course of action or inaction, 

in a manner affecting trade or investment between the 

United States and that party after entry into force of 

a trade agreement between those countries; 

(B) to recognize that— 

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

agreement retain the right to exercise prosecutorial 

discretion and to make decisions regarding the allocation of enforcement resources with respect to other 

environmental laws determined to have higher priorities, and a party is effectively enforcing its laws if 

a course of action or inaction reflects a reasonable, 

bona fide exercise of such discretion, or results from 

a reasonable, bona fide decision regarding the allocation of resources; and 

(ii) with respect to labor, decisions regarding the 

distribution of enforcement resources are not a reason 

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

party to a trade agreement retains the right to reasonable exercise of discretion and to make bona fide 

decisions regarding the allocation of resources between 

labor enforcement activities among core labor standards, provided the exercise of such discretion and such 

decisions are not inconsistent with its obligations; 

(C) to strengthen the capacity of United States trading 

partners to promote respect for core labor standards (as 

defined in section 111(7)); 

(D) to strengthen the capacity of United States trading 

partners to protect the environment through the promotion 

of sustainable development; 

(E) to reduce or eliminate government practices or 

policies that unduly threaten sustainable development; 

(F) to seek market access, through the elimination 

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

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

safety policies and practices of the parties to trade agreements with the United States do not arbitrarily or 

unjustifiably discriminate against United States exports 

or serve as disguised barriers to trade; 

(H) to ensure that enforceable labor and environment 

obligations are subject to the same dispute settlement and 

remedies as other enforceable obligations under the agreement; and 

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

to empower a party’s authorities to undertake labor or 

environmental law enforcement activities in the territory 

of the United States. 

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

United States with respect to currency practices is that parties 

to a trade agreement with the United States avoid manipulating 

exchange rates in order to prevent effective balance of payments 

adjustment or to gain an unfair competitive advantage over 

other parties to the agreement, such as through cooperative 
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mechanisms, enforceable rules, reporting, monitoring, transparency, or other means, as appropriate. 

(12) FOREIGN CURRENCY MANIPULATION.—The principal 

negotiating objective of the United States with respect to unfair 

currency practices is to seek to establish accountability through 

enforceable rules, transparency, reporting, monitoring, cooperative mechanisms, or other means to address exchange rate 

manipulation involving protracted large scale intervention in 

one direction in the exchange markets and a persistently undervalued foreign exchange rate to gain an unfair competitive 

advantage in trade over other parties to a trade agreement, 

consistent with existing obligations of the United States as 

a member of the International Monetary Fund and the World 

Trade Organization. 

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

of the global trading system, the principal negotiating objectives 

of the United States regarding the World Trade Organization, 

the Uruguay Round Agreements, and other multilateral and 

plurilateral trade agreements are— 

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

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

(B) to expand country participation in and enhancement of the Information Technology Agreement, the 

Government Procurement Agreement, and other 

plurilateral trade agreements of the World Trade Organization; 

(C) to expand competitive market opportunities for 

United States exports and to obtain fairer and more open 

conditions of trade, including through utilization of global 

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

(D) to ensure that regional trade agreements to which 

the United States is not a party fully achieve the high 

standards of, and comply with, WTO disciplines, including 

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

General Agreement on Trade in Services, and the Enabling 

Clause, including through meaningful WTO review of such 

regional trade agreements; 

(E) to enhance compliance by WTO members with their 

obligations as WTO members through active participation 

in the bodies of the World Trade Organization by the 

United States and all other WTO members, including in 

the trade policy review mechanism and the committee 

system of the World Trade Organization, and by working 

to increase the effectiveness of such bodies; and 

(F) to encourage greater cooperation between the World 

Trade Organization and other international organizations. 

(14) TRADE INSTITUTION TRANSPARENCY.—The principal 

negotiating objective of the United States with respect to transparency is to obtain wider and broader application of the principle of transparency in the World Trade Organization, entities 

established under bilateral and regional trade agreements, and 

other international trade fora through seeking— 
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(A) timely public access to information regarding trade 

issues and the activities of such institutions; 

(B) openness by ensuring public access to appropriate 

meetings, proceedings, and submissions, including with 

regard to trade and investment dispute settlement; and 

(C) public access to all notifications and supporting 

documentation submitted by WTO members. 

(15) ANTI-CORRUPTION.—The principal negotiating objectives of the United States with respect to the use of money 

or other things of value to influence acts, decisions, or omissions 

of foreign governments or officials or to secure any improper 

advantage in a manner affecting trade are— 

(A) to obtain high standards and effective domestic 

enforcement mechanisms applicable to persons from all 

countries participating in the applicable trade agreement 

that prohibit such attempts to influence acts, decisions, 

or omissions of foreign governments or officials or to secure 

any such improper advantage; 

(B) to ensure that such standards level the playing 

field for United States persons in international trade and 

investment; and 

(C) to seek commitments to work jointly to encourage 

and support anti-corruption and anti-bribery initiatives in 

international trade fora, including through the Convention 

on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organization for Economic Cooperation and Development, done at Paris 

December 17, 1997 (commonly known as the ‘‘OECD AntiBribery Convention’’). 

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

to dispute settlement and enforcement of trade agreements 

are— 

(A) to seek provisions in trade agreements providing 

for resolution of disputes between governments under those 

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

based on facts and the principles of the agreements, with 

the goal of increasing compliance with the agreements; 

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

Policy Review Mechanism of the World Trade Organization 

to review compliance with commitments; 

(C) to seek adherence by panels convened under the 

Dispute Settlement Understanding and by the Appellate 

Body to— 

(i) the mandate of those panels and the Appellate 

Body to apply the WTO Agreement as written, without 

adding to or diminishing rights and obligations under 

the Agreement; and 

(ii) the standard of review applicable under the 

Uruguay Round Agreement involved in the dispute, 

including greater deference, where appropriate, to the 

fact finding and technical expertise of national investigating authorities; 

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

trade-expanding compensation if a party to a dispute under 

the agreement does not come into compliance with its 

obligations under the agreement; 

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

party to a dispute under the agreement that— 

(i) encourages compliance with the obligations of 

the agreement; 

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

matter, and scope of the violation; and 

(iii) has the aim of not adversely affecting parties 

or interests not party to the dispute while maintaining 

the effectiveness of the enforcement mechanism; and 

(G) to seek provisions that treat United States principal negotiating objectives equally with respect to— 

(i) the ability to resort to dispute settlement under 

the applicable agreement; 

(ii) the availability of equivalent dispute settlement 

procedures; and 

(iii) the availability of equivalent remedies. 

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

are— 

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

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

avoid agreements that lessen the effectiveness of domestic 

and international disciplines on unfair trade, especially 

dumping and subsidies, or that lessen the effectiveness 

of domestic and international safeguard provisions, in order 

to ensure that United States workers, agricultural producers, and firms can compete fully on fair terms and 

enjoy the benefits of reciprocal trade concessions; and 

(B) to address and remedy market distortions that 

lead to dumping and subsidization, including overcapacity, 

cartelization, and market access barriers. 

(18) BORDER TAXES.—The principal negotiating objective 

of the United States regarding border taxes is to obtain a 

revision of the rules of the World Trade Organization with 

respect to the treatment of border adjustments for internal 

taxes to redress the disadvantage to countries relying primarily 

on direct taxes for revenue rather than indirect taxes. 

(19) TEXTILE NEGOTIATIONS.—The principal negotiating 

objectives of the United States with respect to trade in textiles 

and apparel articles are to obtain competitive opportunities 

for United States exports of textiles and apparel in foreign 

markets substantially equivalent to the competitive opportunities afforded foreign exports in United States markets and 

to achieve fairer and more open conditions of trade in textiles 

and apparel. 

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

is proposed to be entered into with the Transatlantic Trade 

and Investment Partnership countries and to which section 

103(b) will apply, the principal negotiating objectives of 

the United States regarding commercial partnerships are 

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

discourage commercial activity solely between the 

United States and Israel. 

(ii) To discourage politically motivated actions to 

boycott, divest from, or sanction Israel and to seek 

the elimination of politically motivated nontariff barriers on Israeli goods, services, or other commerce 

imposed on the State of Israel. 

(iii) To seek the elimination of state-sponsored 

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

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

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

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

are intended to penalize or otherwise limit commercial 

relations specifically with Israel or persons doing business 

in Israel or in Israeli-controlled territories. 

(21) GOOD GOVERNANCE, TRANSPARENCY, THE EFFECTIVE

OPERATION OF LEGAL REGIMES, AND THE RULE OF LAW OF

TRADING PARTNERS.—The principal negotiating objectives of the 

United States with respect to ensuring implementation of trade 

commitments and obligations by strengthening good governance, transparency, the effective operation of legal regimes 

and the rule of law of trading partners of the United States 

is through capacity building and other appropriate means, 

which are important parts of the broader effort to create more 

open democratic societies and to promote respect for internationally recognized human rights. 

(c) CAPACITY BUILDING AND OTHER PRIORITIES.—In order to 

address and maintain United States competitiveness in the global 

economy, the President shall— 

(1) direct the heads of relevant Federal agencies— 

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

trading partners to carry out obligations under trade agreements by consulting with any country seeking a trade 

agreement with the United States concerning that country’s 

laws relating to customs and trade facilitation, sanitary 

and phytosanitary measures, technical barriers to trade, 

intellectual property rights, labor, and the environment; 

and 

(B) to provide technical assistance to that country if 

needed; 

(2) seek to establish consultative mechanisms among parties to trade agreements to strengthen the capacity of United 

States trading partners to develop and implement standards 

for the protection of the environment and human health based 

on sound science; 

(3) promote consideration of multilateral environmental 

agreements and consult with parties to such agreements 

regarding the consistency of any such agreement that includes 

trade measures with existing environmental exceptions under 

Article XX of GATT 1994; and 
H. R. 2146—15 

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

House of Representatives and the Committee on Finance of 

the Senate an annual report on capacity-building activities 

undertaken in connection with trade agreements negotiated 

or being negotiated pursuant to this title. 

SEC. 103. TRADE AGREEMENTS AUTHORITY. 

(a) AGREEMENTS REGARDING TARIFF BARRIERS.— 

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

one or more existing duties or other import restrictions of 

any foreign country or the United States are unduly burdening 

and restricting the foreign trade of the United States and 

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

title will be promoted thereby, the President— 

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

(i) July 1, 2018; or 

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

are extended under subsection (c); and 

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

(i) such modification or continuance of any existing 

duty, 

(ii) such continuance of existing duty free or excise 

treatment, or 

(iii) such additional duties, 

as the President determines to be required or appropriate 

to carry out any such trade agreement. 

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

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

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

this title. 

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

the President’s intention to enter into an agreement under 

this subsection. 

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

paragraph (1) that— 

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

duty that does not exceed 5 percent ad valorem on the 

date of the enactment of this Act) to a rate of duty which 

is less than 50 percent of the rate of such duty that applies 

on such date of enactment; 

(B) reduces the rate of duty below that applicable 

under the Uruguay Round Agreements or a successor 

agreement, on any import sensitive agricultural product; 

or 

(C) increases any rate of duty above the rate that 

applied on the date of the enactment of this Act. 

(4) AGGREGATE REDUCTION; EXEMPTION FROM STAGING.— (A) AGGREGATE REDUCTION.—Except as provided in 

subparagraph (B), the aggregate reduction in the rate of 

duty on any article which is in effect on any day pursuant 

to a trade agreement entered into under paragraph (1) 

shall not exceed the aggregate reduction which would have 

been in effect on such day if— 

(i) a reduction of 3 percent ad valorem or a reduction of 1⁄10 of the total reduction, whichever is greater, 
H. R. 2146—16 

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

agreement with respect to such article; and 

(ii) a reduction equal to the amount applicable 

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

after the effective date of such first reduction. 

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

under subparagraph (A) with respect to a duty reduction 

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

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

United States International Trade Commission shall advise 

the President of the identity of articles that may be 

exempted from staging under this subparagraph. 

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

action will simplify the computation of reductions under paragraph (4), the President may round an annual reduction by 

an amount equal to the lesser of— 

(A) the difference between the reduction without regard 

to this paragraph and the next lower whole number; or 

(B) 1⁄2 of 1 percent ad valorem. 

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

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

effect only if a provision authorizing such reduction is included 

within an implementing bill provided for under section 106 

and that bill is enacted into law. 

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

to the consultation and layover requirements of section 115 

of the Uruguay Round Agreements Act (19 U.S.C. 3524), the 

President may proclaim the modification of any duty or staged 

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

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

States agrees to such modification or staged rate reduction 

in a negotiation for the reciprocal elimination or harmonization 

of duties under the auspices of the World Trade Organization. 

(8) AUTHORITY UNDER URUGUAY ROUND AGREEMENTS ACT

NOT AFFECTED.—Nothing in this subsection shall limit the 

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

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

(b) AGREEMENTS REGARDING TARIFF AND NONTARIFF BARRIERS.— 

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

that— 

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

other barrier to, or other distortion of, international trade 

unduly burdens or restricts the foreign trade of the United 

States or adversely affects the United States economy, 

or 

(ii) the imposition of any such barrier or distortion 

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

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

this title will be promoted thereby, the President may enter 

into a trade agreement described in subparagraph (B) during 

the period described in subparagraph (C). 

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

subparagraph (A) with foreign countries providing for— 
H. R. 2146—17 

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

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

or 

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

of, such barrier or other distortion. 

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

this paragraph before— 

(i) July 1, 2018; or 

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

extended under subsection (c). 

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

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

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

this title. 

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

under this subsection only if such agreement makes progress 

in meeting the applicable objectives described in subsections 

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

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

of 1974 (in this title referred to as ‘‘trade authorities procedures’’) apply to a bill of either House of Congress which contains provisions described in subparagraph (B) to the same 

extent as such section 151 applies to implementing bills under 

that section. A bill to which this paragraph applies shall hereafter in this title be referred to as an ‘‘implementing bill’’. 

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

(i) a provision approving a trade agreement entered 

into under this subsection and approving the statement 

of administrative action, if any, proposed to implement 

such trade agreement; and 

(ii) if changes in existing laws or new statutory 

authority are required to implement such trade agreement 

or agreements, only such provisions as are strictly necessary or appropriate to implement such trade agreement 

or agreements, either repealing or amending existing laws 

or providing new statutory authority. 

(c) EXTENSION DISAPPROVAL PROCESS FOR CONGRESSIONAL

TRADE AUTHORITIES PROCEDURES.— 

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

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

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

(B) the trade authorities procedures shall be extended 

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

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

(i) the President requests such extension under 

paragraph (2); and 

(ii) neither House of Congress adopts an extension 

disapproval resolution under paragraph (5) before July 

1, 2018. 

(2) REPORT TO CONGRESS BY THE PRESIDENT.—If the President is of the opinion that the trade authorities procedures 
H. R. 2146—18 

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

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

for such extension, together with— 

(A) a description of all trade agreements that have 

been negotiated under subsection (b) and the anticipated 

schedule for submitting such agreements to Congress for 

approval; 

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

in negotiations to achieve the purposes, policies, priorities, 

and objectives of this title, and a statement that such 

progress justifies the continuation of negotiations; and 

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

needed to complete the negotiations. 

(3) OTHER REPORTS TO CONGRESS.— 

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

Trade Policy and Negotiations established under section 

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

decision of the President to submit a report to Congress 

under paragraph (2). The Advisory Committee shall submit 

to Congress as soon as practicable, but not later than 

June 1, 2018, a written report that contains— 

(i) its views regarding the progress that has been 

made in negotiations to achieve the purposes, policies, 

priorities, and objectives of this title; and 

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

therefor, regarding whether the extension requested 

under paragraph (2) should be approved or disapproved. 

(B) REPORT BY INTERNATIONAL TRADE COMMISSION.— 

The President shall promptly inform the United States 

International Trade Commission of the decision of the 

President to submit a report to Congress under paragraph 

(2). The International Trade Commission shall submit to 

Congress as soon as practicable, but not later than June 

1, 2018, a written report that contains a review and analysis of the economic impact on the United States of all 

trade agreements implemented between the date of the 

enactment of this Act and the date on which the President 

decides to seek an extension requested under paragraph 

(2). 

(4) STATUS OF REPORTS.—The reports submitted to Congress under paragraphs (2) and (3), or any portion of such 

reports, may be classified to the extent the President determines appropriate. 

(5) EXTENSION DISAPPROVAL RESOLUTIONS.—(A) For purposes of paragraph (1), the term ‘‘extension disapproval resolution’’ means a resolution of either House of Congress, the sole 

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

the llll disapproves the request of the President for the 

extension, under section 103(c)(1)(B)(i) of the Bipartisan 

Congressional Trade Priorities and Accountability Act of 2015, 

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

entered into under section 103(b) of that Act after June 30, 
H. R. 2146—19 

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

the resolving House of Congress. 

(B) Extension disapproval resolutions— 

(i) may be introduced in either House of Congress 

by any member of such House; and 

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

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

to the Committee on Rules. 

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

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

the floor consideration of certain resolutions in the House and 

Senate) apply to extension disapproval resolutions. 

(D) It is not in order for— 

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

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

on Rules; 

(ii) the Senate to consider any extension disapproval 

resolution not reported by the Committee on Finance; or 

(iii) either House of Congress to consider an extension 

disapproval resolution after June 30, 2018. 

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

to the continued economic expansion of the United States, the 

President shall commence negotiations covering tariff and nontariff 

barriers affecting any industry, product, or service sector, and 

expand existing sectoral agreements to countries that are not parties to those agreements, in cases where the President determines 

that such negotiations are feasible and timely and would benefit 

the United States. Such sectors include agriculture, commercial 

services, intellectual property rights, industrial and capital goods, 

government procurement, information technology products, environmental technology and services, medical equipment and services, 

civil aircraft, and infrastructure products. In so doing, the President 

shall take into account all of the negotiating objectives set forth 

in section 102. 

SEC. 104. CONGRESSIONAL OVERSIGHT, CONSULTATIONS, AND ACCESS 

TO INFORMATION. 

(a) CONSULTATIONS WITH MEMBERS OF CONGRESS.— 

(1) CONSULTATIONS DURING NEGOTIATIONS.—In the course 

of negotiations conducted under this title, the United States 

Trade Representative shall— 

(A) meet upon request with any Member of Congress 

regarding negotiating objectives, the status of negotiations 

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

of the United States or the administration of those laws 

that may be recommended to Congress to carry out any 

trade agreement or any requirement of, amendment to, 

or recommendation under, that agreement; 

(B) upon request of any Member of Congress, provide 

access to pertinent documents relating to the negotiations, 

including classified materials; 

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

keep fully apprised of the negotiations, the Committee on 

Ways and Means of the House of Representatives and 

the Committee on Finance of the Senate; 
H. R. 2146—20 

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

keep fully apprised of the negotiations, the House Advisory 

Group on Negotiations and the Senate Advisory Group 

on Negotiations convened under subsection (c) and all 

committees of the House of Representatives and the Senate 

with jurisdiction over laws that could be affected by a 

trade agreement resulting from the negotiations; and 

(E) with regard to any negotiations and agreement 

relating to agricultural trade, also consult closely and on 

a timely basis (including immediately before initialing an 

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

and Forestry of the Senate. 

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

to exchanging notes providing for the entry into force of a 

trade agreement, the United States Trade Representative shall 

consult closely and on a timely basis with Members of Congress 

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

fully apprised of the measures a trading partner has taken 

to comply with those provisions of the agreement that are 

to take effect on the date that the agreement enters into force. 

(3) ENHANCED COORDINATION WITH CONGRESS.— 

(A) WRITTEN GUIDELINES.—The United States Trade 

Representative, in consultation with the chairmen and the 

ranking members of the Committee on Ways and Means 

of the House of Representatives and the Committee on 

Finance of the Senate, respectively— 

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

of the enactment of this Act, develop written guidelines 

on enhanced coordination with Congress, including 

coordination with designated congressional advisers 

under subsection (b), regarding negotiations conducted 

under this title; and 

(ii) may make such revisions to the guidelines 

as may be necessary from time to time. 

(B) CONTENT OF GUIDELINES.—The guidelines developed under subparagraph (A) shall enhance coordination 

with Congress through procedures to ensure— 

(i) timely briefings upon request of any Member 

of Congress regarding negotiating objectives, the status 

of negotiations in progress conducted under this title, 

and the nature of any changes in the laws of the 

United States or the administration of those laws that 

may be recommended to Congress to carry out any 

trade agreement or any requirement of, amendment 

to, or recommendation under, that agreement; and 

(ii) the sharing of detailed and timely information 

with Members of Congress, and their staff with proper 

security clearances as appropriate, regarding those 

negotiations and pertinent documents related to those 

negotiations (including classified information), and 

with committee staff with proper security clearances 

as would be appropriate in the light of the responsibilities of that committee over the trade agreements programs affected by those negotiations. 
H. R. 2146—21 

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

under subparagraph (A) to all Federal agencies that could 

have jurisdiction over laws affected by trade negotiations. 

(b) DESIGNATED CONGRESSIONAL ADVISERS.— 

(1) DESIGNATION.— 

(A) HOUSE OF REPRESENTATIVES.—In each Congress, 

any Member of the House of Representatives may be designated as a congressional adviser on trade policy and 

negotiations by the Speaker of the House of Representatives, after consulting with the chairman and ranking 

member of the Committee on Ways and Means and the 

chairman and ranking member of the committee from 

which the Member will be selected. 

(B) SENATE.—In each Congress, any Member of the 

Senate may be designated as a congressional adviser on 

trade policy and negotiations by the President pro tempore 

of the Senate, after consultation with the chairman and 

ranking member of the Committee on Finance and the 

chairman and ranking member of the committee from 

which the Member will be selected. 

(2) CONSULTATIONS WITH DESIGNATED CONGRESSIONAL

ADVISERS.—In the course of negotiations conducted under this 

title, the United States Trade Representative shall consult 

closely and on a timely basis (including immediately before 

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

negotiations, the congressional advisers for trade policy and 

negotiations designated under paragraph (1). 

(3) ACCREDITATION.—Each Member of Congress designated 

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

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

sessions relating to trade agreements. 

(c) CONGRESSIONAL ADVISORY GROUPS ON NEGOTIATIONS.— (1) IN GENERAL.—By not later than 60 days after the date 

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

the convening of each Congress, the chairman of the Committee 

on Ways and Means of the House of Representatives shall 

convene the House Advisory Group on Negotiations and the 

chairman of the Committee on Finance of the Senate shall 

convene the Senate Advisory Group on Negotiations (in this 

subsection referred to collectively as the ‘‘congressional advisory 

groups’’). 

(2) MEMBERS AND FUNCTIONS.— 

(A) MEMBERSHIP OF THE HOUSE ADVISORY GROUP ON

NEGOTIATIONS.—In each Congress, the House Advisory 

Group on Negotiations shall be comprised of the following 

Members of the House of Representatives: 

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

of such Committee (not more than 2 of whom are 

members of the same political party). 

(ii) The chairman and ranking member, or their 

designees, of the committees of the House of Representatives that would have, under the Rules of the House 

of Representatives, jurisdiction over provisions of law 
H. R. 2146—22 

affected by a trade agreement negotiation conducted 

at any time during that Congress and to which this 

title would apply. 

(B) MEMBERSHIP OF THE SENATE ADVISORY GROUP ON

NEGOTIATIONS.—In each Congress, the Senate Advisory 

Group on Negotiations shall be comprised of the following 

Members of the Senate: 

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

Committee (not more than 2 of whom are members 

of the same political party). 

(ii) The chairman and ranking member, or their 

designees, of the committees of the Senate that would 

have, under the Rules of the Senate, jurisdiction over 

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

to which this title would apply. 

(C) ACCREDITATION.—Each member of the congressional advisory groups described in subparagraphs (A)(i) 

and (B)(i) shall be accredited by the United States Trade 

Representative on behalf of the President as an official 

adviser to the United States delegation in negotiations 

for any trade agreement to which this title applies. Each 

member of the congressional advisory groups described in 

subparagraphs (A)(ii) and (B)(ii) shall be accredited by 

the United States Trade Representative on behalf of the 

President as an official adviser to the United States delegation in the negotiations by reason of which the member 

is in one of the congressional advisory groups. 

(D) CONSULTATION AND ADVICE.—The congressional 

advisory groups shall consult with and provide advice to 

the Trade Representative regarding the formulation of specific objectives, negotiating strategies and positions, the 

development of the applicable trade agreement, and compliance and enforcement of the negotiated commitments under 

the trade agreement. 

(E) CHAIR.—The House Advisory Group on Negotiations shall be chaired by the Chairman of the Committee 

on Ways and Means of the House of Representatives and 

the Senate Advisory Group on Negotiations shall be chaired 

by the Chairman of the Committee on Finance of the 

Senate. 

(F) COORDINATION WITH OTHER COMMITTEES.—Members of any committee represented on one of the congressional advisory groups may submit comments to the 

member of the appropriate congressional advisory group 

from that committee regarding any matter related to a 

negotiation for any trade agreement to which this title 

applies. 

(3) GUIDELINES.— 

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

Representative, in consultation with the chairmen and the 

ranking members of the Committee on Ways and Means 

of the House of Representatives and the Committee on 

Finance of the Senate, respectively— 

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

of the enactment of this Act, develop written guidelines 
H. R. 2146—23 

to facilitate the useful and timely exchange of information between the Trade Representative and the 

congressional advisory groups; and 

(ii) may make such revisions to the guidelines 

as may be necessary from time to time. 

(B) CONTENT.—The guidelines developed under 

subparagraph (A) shall provide for, among other things— 

(i) detailed briefings on a fixed timetable to be 

specified in the guidelines of the congressional advisory 

groups regarding negotiating objectives and positions 

and the status of the applicable negotiations, beginning 

as soon as practicable after the congressional advisory 

groups are convened, with more frequent briefings as 

trade negotiations enter the final stage; 

(ii) access by members of the congressional 

advisory groups, and staff with proper security clearances, to pertinent documents relating to the negotiations, including classified materials; 

(iii) the closest practicable coordination between 

the Trade Representative and the congressional 

advisory groups at all critical periods during the negotiations, including at negotiation sites; 

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

enforcement of negotiated commitments under the 

trade agreement; and 

(v) the timeframe for submitting the report 

required under section 105(d)(3). 

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

of either of the congressional advisory groups, the President 

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

any other time concerning the negotiations. 

(d) CONSULTATIONS WITH THE PUBLIC.— (1) GUIDELINES FOR PUBLIC ENGAGEMENT.—The United 

States Trade Representative, in consultation with the chairmen 

and the ranking members of the Committee on Ways and 

Means of the House of Representatives and the Committee 

on Finance of the Senate, respectively— 

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

the enactment of this Act, develop written guidelines on 

public access to information regarding negotiations conducted under this title; and 

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

be necessary from time to time. 

(2) PURPOSES.—The guidelines developed under paragraph 

(1) shall— 

(A) facilitate transparency; 

(B) encourage public participation; and 

(C) promote collaboration in the negotiation process. 

(3) CONTENT.—The guidelines developed under paragraph 

(1) shall include procedures that— 

(A) provide for rapid disclosure of information in forms 

that the public can readily find and use; and 

(B) provide frequent opportunities for public input 

through Federal Register requests for comment and other 

means. 
H. R. 2146—24 

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

over laws affected by trade negotiations. 

(e) CONSULTATIONS WITH ADVISORY COMMITTEES.— 

(1) GUIDELINES FOR ENGAGEMENT WITH ADVISORY COMMITTEES.—The United States Trade Representative, in consultation 

with the chairmen and the ranking members of the Committee 

on Ways and Means of the House of Representatives and the 

Committee on Finance of the Senate, respectively— 

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

the enactment of this Act, develop written guidelines on 

enhanced coordination with advisory committees established pursuant to section 135 of the Trade Act of 1974 

(19 U.S.C. 2155) regarding negotiations conducted under 

this title; and 

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

be necessary from time to time. 

(2) CONTENT.—The guidelines developed under paragraph 

(1) shall enhance coordination with advisory committees 

described in that paragraph through procedures to ensure— 

(A) timely briefings of advisory committees and regular 

opportunities for advisory committees to provide input 

throughout the negotiation process on matters relevant 

to the sectors or functional areas represented by those 

committees; and 

(B) the sharing of detailed and timely information with 

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

(including classified information) on matters relevant to 

the sectors or functional areas the member represents, 

and with a designee with proper security clearances of 

each such member as appropriate. 

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

over laws affected by trade negotiations. 

(f) ESTABLISHMENT OF POSITION OF CHIEF TRANSPARENCY

OFFICER IN THE OFFICE OF THE UNITED STATES TRADE REPRESENTA- TIVE.—Section 141(b) of the Trade Act of 1974 (19 U.S.C. 2171(b)) 

is amended— 

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

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

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

The Chief Transparency Officer shall consult with Congress on 

transparency policy, coordinate transparency in trade negotiations, 

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

Representative on transparency policy.’’. 

SEC. 105. NOTICE, CONSULTATIONS, AND REPORTS. 

(a) NOTICE, CONSULTATIONS, AND REPORTS BEFORE NEGOTIA- TION.— (1) NOTICE.—The President, with respect to any agreement 

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

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

negotiations with a country, written notice to Congress 

of the President’s intention to enter into the negotiations 
H. R. 2146—25 

with that country and set forth in the notice the date 

on which the President intends to initiate those negotiations, the specific United States objectives for the negotiations with that country, and whether the President intends 

to seek an agreement, or changes to an existing agreement; 

(B) before and after submission of the notice, consult 

regarding the negotiations with the Committee on Ways 

and Means of the House of Representatives and the Committee on Finance of the Senate, such other committees 

of the House and Senate as the President deems appropriate, and the House Advisory Group on Negotiations 

and the Senate Advisory Group on Negotiations convened 

under section 104(c); 

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

of either the House Advisory Group on Negotiations or 

the Senate Advisory Group on Negotiations convened under 

section 104(c), meet with the requesting congressional 

advisory group before initiating the negotiations or at any 

other time concerning the negotiations; and 

(D) after consulting with the Committee on Ways and 

Means and the Committee on Finance, and at least 30 

calendar days before initiating negotiations with a country, 

publish on a publicly available Internet website of the 

Office of the United States Trade Representative, and regularly update thereafter, a detailed and comprehensive summary of the specific objectives with respect to the negotiations, and a description of how the agreement, if successfully concluded, will further those objectives and benefit 

the United States. 

(2) NEGOTIATIONS REGARDING AGRICULTURE.— (A) ASSESSMENT AND CONSULTATIONS FOLLOWING

ASSESSMENT.—Before initiating or continuing negotiations 

the subject matter of which is directly related to the subject 

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

President shall— 

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

Round Agreements are lower than the tariffs bound 

by that country; 

(ii) consider whether the tariff levels bound and 

applied throughout the world with respect to imports 

from the United States are higher than United States 

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

(iii) consult with the Committee on Ways and 

Means and the Committee on Agriculture of the House 

of Representatives and the Committee on Finance and 

the Committee on Agriculture, Nutrition, and Forestry 

of the Senate concerning the results of the assessment, 

whether it is appropriate for the United States to 

agree to further tariff reductions based on the conclusions reached in the assessment, and how all applicable 

negotiating objectives will be met. 

(B) SPECIAL CONSULTATIONS ON IMPORT SENSITIVE

PRODUCTS.—(i) Before initiating negotiations with regard 

to agriculture and, with respect to agreements described 

in paragraphs (2) and (3) of section 107(a), as soon as 
H. R. 2146—26 

practicable after the date of the enactment of this Act, 

the United States Trade Representative shall— 

(I) identify those agricultural products subject to 

tariff rate quotas on the date of enactment of this 

Act, and agricultural products subject to tariff reductions by the United States as a result of the Uruguay 

Round Agreements, for which the rate of duty was 

reduced on January 1, 1995, to a rate which was not 

less than 97.5 percent of the rate of duty that applied 

to such article on December 31, 1994; 

(II) consult with the Committee on Ways and 

Means and the Committee on Agriculture of the House 

of Representatives and the Committee on Finance and 

the Committee on Agriculture, Nutrition, and Forestry 

of the Senate concerning— 

(aa) whether any further tariff reductions on 

the products identified under subclause (I) should 

be appropriate, taking into account the impact of 

any such tariff reduction on the United States 

industry producing the product concerned; 

(bb) whether the products so identified face 

unjustified sanitary or phytosanitary restrictions, 

including those not based on scientific principles 

in contravention of the Uruguay Round Agreements; and 

(cc) whether the countries participating in the 

negotiations maintain export subsidies or other 

programs, policies, or practices that distort world 

trade in such products and the impact of such 

programs, policies, and practices on United States 

producers of the products; 

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

effects of any such tariff reduction on the United States 

industry producing the product concerned and on the 

United States economy as a whole; and 

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

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

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

Committee on Agriculture, Nutrition, and Forestry of 

the Senate of those products identified under subclause 

(I) for which the Trade Representative intends to seek 

tariff liberalization in the negotiations and the reasons 

for seeking such tariff liberalization. 

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

commenced— 

(I) the United States Trade Representative identifies any additional agricultural product described in 

clause (i)(I) for tariff reductions which were not the 

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

(II) any additional agricultural product described 

in clause (i)(I) is the subject of a request for tariff 

reductions by a party to the negotiations, 

the Trade Representative shall, as soon as practicable, 

notify the committees referred to in clause (i)(IV) of those 

products and the reasons for seeking such tariff reductions. 
H. R. 2146—27 

(3) NEGOTIATIONS REGARDING THE FISHING INDUSTRY.— 

Before initiating, or continuing, negotiations that directly relate 

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

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

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

keep the Committees apprised of the negotiations on an ongoing 

and timely basis. 

(4) NEGOTIATIONS REGARDING TEXTILES.—Before initiating 

or continuing negotiations the subject matter of which is 

directly related to textiles and apparel products with any 

country, the President shall— 

(A) assess whether United States tariffs on textile and 

apparel products that were bound under the Uruguay 

Round Agreements are lower than the tariffs bound by 

that country and whether the negotiation provides an 

opportunity to address any such disparity; and 

(B) consult with the Committee on Ways and Means 

of the House of Representatives and the Committee on 

Finance of the Senate concerning the results of the assessment, whether it is appropriate for the United States to 

agree to further tariff reductions based on the conclusions 

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

(5) ADHERENCE TO EXISTING INTERNATIONAL TRADE AND

INVESTMENT AGREEMENT OBLIGATIONS.—In determining 

whether to enter into negotiations with a particular country, 

the President shall take into account the extent to which that 

country has implemented, or has accelerated the implementation of, its international trade and investment commitments 

to the United States, including pursuant to the WTO Agreement. 

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

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

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

of Representatives and the Committee on Finance of the 

Senate; 

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

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

be affected by the trade agreement; and 

(C) the House Advisory Group on Negotiations and 

the Senate Advisory Group on Negotiations convened under 

section 104(c). 

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

shall include consultation with respect to— 

(A) the nature of the agreement; 

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

the applicable purposes, policies, priorities, and objectives 

of this title; and 

(C) the implementation of the agreement under section 

106, including the general effect of the agreement on 

existing laws. 
H. R. 2146—28 

(3) REPORT REGARDING UNITED STATES TRADE REMEDY

LAWS.— 

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

not less than 180 calendar days before the day on which 

the President enters into a trade agreement under section 

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

of the House of Representatives and the Committee on 

Finance of the Senate— 

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

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

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

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

(ii) how these proposals relate to the objectives 

described in section 102(b)(16). 

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

House of Congress, the procedures set forth in clauses 

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

(I) no other resolution with respect to that report 

has previously been reported in that House of Congress 

by the Committee on Ways and Means or the Committee on Finance, as the case may be, pursuant to 

those procedures; and 

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

which the report under subparagraph (A) relates has 

previously been reported in that House of Congress 

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

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

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

‘‘That the llll finds that the proposed changes to 

United States trade remedy laws contained in the report 

of the President transmitted to Congress on llll under 

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

Priorities and Accountability Act of 2015 with respect to 

llll, are inconsistent with the negotiating objectives 

described in section 102(b)(16) of that Act.’’, with the first 

blank space being filled with the name of the resolving 

House of Congress, the second blank space being filled 

with the appropriate date of the report, and the third 

blank space being filled with the name of the country 

or countries involved. 

(iii) Resolutions in the House of Representatives— 

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

(II) shall be referred to the Committee on Ways 

and Means and, in addition, to the Committee on 

Rules; and 

(III) may not be amended by either Committee. 

(iv) Resolutions in the Senate— 

(I) may be introduced by any Member of the 

Senate; 
H. R. 2146—29 

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

and 

(III) may not be amended. 

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

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

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

resolution that is not reported by the Committee on 

Finance. 

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

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

to floor consideration of certain resolutions in the House 

and Senate) shall apply to resolutions. 

(4) ADVISORY COMMITTEE REPORTS.—The report required 

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

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

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

President, Congress, and the United States Trade Representative not later than 30 days after the date on which the President 

notifies Congress under section 103(a)(2) or 106(a)(1)(A) of the 

intention of the President to enter into the agreement. 

(c) INTERNATIONAL TRADE COMMISSION ASSESSMENT.— 

(1) SUBMISSION OF INFORMATION TO COMMISSION.—The 

President, not later than 90 calendar days before the day on 

which the President enters into a trade agreement under section 103(b), shall provide the International Trade Commission 

(referred to in this subsection as the ‘‘Commission’’) with the 

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

the Commission to prepare and submit an assessment of the 

agreement as described in paragraph (2). Between the time 

the President makes the request under this paragraph and 

the time the Commission submits the assessment, the President 

shall keep the Commission current with respect to the details 

of the agreement. 

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

the President enters into a trade agreement under section 

103(b), the Commission shall submit to the President and Congress a report assessing the likely impact of the agreement 

on the United States economy as a whole and on specific 

industry sectors, including the impact the agreement will have 

on the gross domestic product, exports and imports, aggregate 

employment and employment opportunities, the production, 

employment, and competitive position of industries likely to 

be significantly affected by the agreement, and the interests 

of United States consumers. 

(3) REVIEW OF EMPIRICAL LITERATURE.—In preparing the 

assessment under paragraph (2), the Commission shall review 

available economic assessments regarding the agreement, 

including literature regarding any substantially equivalent proposed agreement, and shall provide in its assessment a description of the analyses used and conclusions drawn in such literature, and a discussion of areas of consensus and divergence 

between the various analyses and conclusions, including those 

of the Commission regarding the agreement. 

(4) PUBLIC AVAILABILITY.—The President shall make each 

assessment under paragraph (2) available to the public. 
H. R. 2146—30 

(d) REPORTS SUBMITTED TO COMMITTEES WITH AGREEMENT.— 

(1) ENVIRONMENTAL REVIEWS AND REPORTS.—The President 

shall— 

(A) conduct environmental reviews of future trade and 

investment agreements, consistent with Executive Order 

No. 13141 (64 Fed. Reg. 63169), dated November 16, 1999, 

and its relevant guidelines; and 

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

and operation of consultative mechanisms established 

pursuant to section 102(c) to the Committee on Ways and 

Means of the House of Representatives and the Committee 

on Finance of the Senate at the time the President submits 

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

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

(2) EMPLOYMENT IMPACT REVIEWS AND REPORTS.—The 

President shall— 

(A) review the impact of future trade agreements on 

United States employment, including labor markets, modeled after Executive Order No. 13141 (64 Fed. Reg. 63169) 

to the extent appropriate in establishing procedures and 

criteria; and 

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

on Ways and Means of the House of Representatives and 

the Committee on Finance of the Senate at the time the 

President submits to Congress a copy of the final legal 

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

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

to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, 

on a timeframe determined in accordance with section 

104(c)(3)(B)(v)— 

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

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

(B) a description of any provisions that would require 

changes to the labor laws and labor practices of the United 

States. 

(4) PUBLIC AVAILABILITY.—The President shall make all 

reports required under this subsection available to the public. 

(e) IMPLEMENTATION AND ENFORCEMENT PLAN.— 

(1) IN GENERAL.—At the time the President submits to 

Congress a copy of the final legal text of an agreement pursuant 

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

(2) ELEMENTS.—The implementation and enforcement plan 

required by paragraph (1) shall include the following: 

(A) BORDER PERSONNEL REQUIREMENTS.—A description 

of additional personnel required at border entry points, 

including a list of additional customs and agricultural 

inspectors. 

(B) AGENCY STAFFING REQUIREMENTS.—A description 

of additional personnel required by Federal agencies 

responsible for monitoring and implementing the trade 

agreement, including personnel required by the Office of 

the United States Trade Representative, the Department 

of Commerce, the Department of Agriculture (including 

additional personnel required to implement sanitary and 
H. R. 2146—31 

phytosanitary measures in order to obtain market access 

for United States exports), the Department of Homeland 

Security, the Department of the Treasury, and such other 

agencies as may be necessary. 

(C) CUSTOMS INFRASTRUCTURE REQUIREMENTS.—A 

description of the additional equipment and facilities 

needed by U.S. Customs and Border Protection. 

(D) IMPACT ON STATE AND LOCAL GOVERNMENTS.—A 

description of the impact the trade agreement will have 

on State and local governments as a result of increases 

in trade. 

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

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

(D). 

(3) BUDGET SUBMISSION.—The President shall include a 

request for the resources necessary to support the plan required 

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

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

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

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

plan required under this subsection available to the public. 

(f) OTHER REPORTS.— 

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

the imposition by the United States of a penalty or remedy 

permitted by a trade agreement to which this title applies, 

the President shall submit to the Committee on Ways and 

Means of the House of Representatives and the Committee 

on Finance of the Senate a report on the effectiveness of the 

penalty or remedy applied under United States law in enforcing 

United States rights under the trade agreement, which shall 

address whether the penalty or remedy was effective in 

changing the behavior of the targeted party and whether the 

penalty or remedy had any adverse impact on parties or 

interests not party to the dispute. 

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

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

States International Trade Commission shall submit to the 

Committee on Ways and Means of the House of Representatives 

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

economic impact on the United States of all trade agreements 

with respect to which Congress has enacted an implementing 

bill under trade authorities procedures since January 1, 1984. 

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

United States Trade Representative shall consult with the Committee on Ways and Means of the House of Representatives 

and the Committee on Finance of the Senate after acceptance 

of a petition for review or taking an enforcement action in 

regard to an obligation under a trade agreement, including 

a labor or environmental obligation. During such consultations, 

the United States Trade Representative shall describe the 

matter, including the basis for such action and the application 

of any relevant legal obligations. 

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

163 of the Trade Act of 1974 (19 U.S.C. 2213), the President 

shall report annually to Congress on enforcement actions taken 

pursuant to a trade agreement to which the United States 
H. R. 2146—32 

is a party, as well as on any public reports issued by Federal 

agencies on enforcement matters relating to a trade agreement. 

(g) ADDITIONAL COORDINATION WITH MEMBERS.—Any Member 

of the House of Representatives may submit to the Committee 

on Ways and Means of the House of Representatives and any 

Member of the Senate may submit to the Committee on Finance 

of the Senate the views of that Member on any matter relevant 

to a proposed trade agreement, and the relevant Committee shall 

receive those views for consideration. 

SEC. 106. IMPLEMENTATION OF TRADE AGREEMENTS. 

(a) IN GENERAL.— 

(1) NOTIFICATION AND SUBMISSION.—Any agreement 

entered into under section 103(b) shall enter into force with 

respect to the United States if (and only if)— 

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

the day on which the President enters into the trade agreement, notifies the House of Representatives and the Senate 

of the President’s intention to enter into the agreement, 

and promptly thereafter publishes notice of such intention 

in the Federal Register; 

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

on which the President enters into the agreement, publishes the text of the agreement on a publicly available 

Internet website of the Office of the United States Trade 

Representative; 

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

the President submits to Congress a description of those 

changes to existing laws that the President considers would 

be required in order to bring the United States into compliance with the agreement; 

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

to Congress the materials under subparagraph (E), submits 

to Congress— 

(i) a draft statement of any administrative action 

proposed to implement the agreement; and 

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

(E) after entering into the agreement, the President 

submits to Congress, on a day on which both Houses of 

Congress are in session, a copy of the final legal text 

of the agreement, together with— 

(i) a draft of an implementing bill described in 

section 103(b)(3); 

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

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

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

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

date on which the agreement enters into force with respect 

to a party to the agreement, submits written notice to 

Congress that the President has determined that the party 

has taken measures necessary to comply with those provisions of the agreement that are to take effect on the date 

on which the agreement enters into force. 

(2) SUPPORTING INFORMATION.— 
H. R. 2146—33 

(A) IN GENERAL.—The supporting information required 

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

(i) an explanation as to how the implementing 

bill and proposed administrative action will change 

or affect existing law; and 

(ii) a statement— 

(I) asserting that the agreement makes 

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

(II) setting forth the reasons of the President 

regarding— 

(aa) how and to what extent the agreement makes progress in achieving the 

applicable purposes, policies, and objectives 

referred to in subclause (I); 

(bb) whether and how the agreement 

changes provisions of an agreement previously 

negotiated; 

(cc) how the agreement serves the 

interests of United States commerce; and 

(dd) how the implementing bill meets the 

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

(B) PUBLIC AVAILABILITY.—The President shall make 

the supporting information described in subparagraph (A) 

available to the public. 

(3) RECIPROCAL BENEFITS.—In order to ensure that a foreign country that is not a party to a trade agreement entered 

into under section 103(b) does not receive benefits under the 

agreement unless the country is also subject to the obligations 

under the agreement, the implementing bill submitted with 

respect to the agreement shall provide that the benefits and 

obligations under the agreement apply only to the parties to 

the agreement, if such application is consistent with the terms 

of the agreement. The implementing bill may also provide that 

the benefits and obligations under the agreement do not apply 

uniformly to all parties to the agreement, if such application 

is consistent with the terms of the agreement. 

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

understanding with a foreign government or governments 

(whether oral or in writing) that— 

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

Congress enacts an implementing bill under trade authorities procedures; and 

(B) is not disclosed to Congress before an implementing 

bill with respect to that agreement is introduced in either 

House of Congress, 

shall not be considered to be part of the agreement approved 

by Congress and shall have no force and effect under United 

States law or in any dispute settlement body. 

(b) LIMITATIONS ON TRADE AUTHORITIES PROCEDURES.— 

(1) FOR LACK OF NOTICE OR CONSULTATIONS.— (A) IN GENERAL.—The trade authorities procedures 

shall not apply to any implementing bill submitted with 

respect to a trade agreement or trade agreements entered 

into under section 103(b) if during the 60-day period beginning on the date that one House of Congress agrees to 

a procedural disapproval resolution for lack of notice or 
H. R. 2146—34 

consultations with respect to such trade agreement or 

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

agreement or agreements. 

(B) PROCEDURAL DISAPPROVAL RESOLUTION.—(i) For 

purposes of this paragraph, the term ‘‘procedural disapproval resolution’’ means a resolution of either House 

of Congress, the sole matter after the resolving clause 

of which is as follows: ‘‘That the President has failed or 

refused to notify or consult in accordance with the Bipartisan Congressional Trade Priorities and Accountability Act 

of 2015 on negotiations with respect to llllllll 

and, therefore, the trade authorities procedures under that 

Act shall not apply to any implementing bill submitted 

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

the blank space being filled with a description of the trade 

agreement or agreements with respect to which the President is considered to have failed or refused to notify or 

consult. 

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

and (4)(C), the President has ‘‘failed or refused to notify 

or consult in accordance with the Bipartisan Congressional 

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

if— 

(I) the President has failed or refused to consult 

(as the case may be) in accordance with sections 104 

and 105 and this section with respect to the negotiations, agreement, or agreements; 

(II) guidelines under section 104 have not been 

developed or met with respect to the negotiations, 

agreement, or agreements; 

(III) the President has not met with the House 

Advisory Group on Negotiations or the Senate Advisory 

Group on Negotiations pursuant to a request made 

under section 104(c)(4) with respect to the negotiations, 

agreement, or agreements; or 

(IV) the agreement or agreements fail to make 

progress in achieving the purposes, policies, priorities, 

and objectives of this title. 

(2) PROCEDURES FOR CONSIDERING RESOLUTIONS.—(A) 

Procedural disapproval resolutions— 

(i) in the House of Representatives— 

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

(II) shall be referred to the Committee on Ways 

and Means and, in addition, to the Committee on 

Rules; and 

(III) may not be amended by either Committee; 

and 

(ii) in the Senate— 

(I) may be introduced by any Member of the 

Senate; 

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

and 

(III) may not be amended. 

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

152 of the Trade Act of 1974 (19 U.S.C. 2192) (relating to 
H. R. 2146—35 

the floor consideration of certain resolutions in the House and 

Senate) apply to a procedural disapproval resolution introduced 

with respect to a trade agreement if no other procedural disapproval resolution with respect to that trade agreement has 

previously been reported in that House of Congress by the 

Committee on Ways and Means or the Committee on Finance, 

as the case may be, and if no resolution described in clause 

(ii) of section 105(b)(3)(B) with respect to that trade agreement 

has been reported in that House of Congress by the Committee 

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

case may be, pursuant to the procedures set forth in clauses 

(iii) through (vii) of such section. 

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

to consider any procedural disapproval resolution not reported 

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

the Committee on Rules. 

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

on Finance. 

(3) CONSIDERATION IN SENATE OF CONSULTATION AND

COMPLIANCE RESOLUTION TO REMOVE TRADE AUTHORITIES

PROCEDURES.— 

(A) REPORTING OF RESOLUTION.—If, when the Committee on Finance of the Senate meets on whether to 

report an implementing bill with respect to a trade agreement or agreements entered into under section 103(b), 

the committee fails to favorably report the bill, the committee shall report a resolution described in subparagraph 

(C). 

(B) APPLICABILITY OF TRADE AUTHORITIES PROCEDURES.—The trade authorities procedures shall not apply 

in the Senate to any implementing bill submitted with 

respect to a trade agreement or agreements described in 

subparagraph (A) if the Committee on Finance reports 

a resolution described in subparagraph (C) and such resolution is agreed to by the Senate. 

(C) RESOLUTION DESCRIBED.—A resolution described in 

this subparagraph is a resolution of the Senate originating 

from the Committee on Finance the sole matter after the 

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

has failed or refused to notify or consult in accordance 

with the Bipartisan Congressional Trade Priorities and 

Accountability Act of 2015 on negotiations with respect 

to lllll and, therefore, the trade authorities procedures under that Act shall not apply in the Senate to 

any implementing bill submitted with respect to such trade 

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

filled with a description of the trade agreement or agreements described in subparagraph (A). 

(D) PROCEDURES.—If the Senate does not agree to a 

motion to invoke cloture on the motion to proceed to a 

resolution described in subparagraph (C), the resolution 

shall be committed to the Committee on Finance. 

(4) CONSIDERATION IN THE HOUSE OF REPRESENTATIVES OF

A CONSULTATION AND COMPLIANCE RESOLUTION.— 

(A) QUALIFICATIONS FOR REPORTING RESOLUTION.—If— 
H. R. 2146—36 

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

of Representatives reports an implementing bill with 

respect to a trade agreement or agreements entered 

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

recommendation; and 

(ii) a Member of the House of Representatives 

has introduced a consultation and compliance resolution on the legislative day following the filing of a 

report to accompany the implementing bill with other 

than a favorable recommendation, 

then the Committee on Ways and Means shall consider 

a consultation and compliance resolution pursuant to 

subparagraph (B). 

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

the date of introduction of the resolution, the Committee 

on Ways and Means shall meet to consider a resolution 

meeting the qualifications set forth in subparagraph (A). 

(ii) After consideration of one such resolution by the 

Committee on Ways and Means, this subparagraph shall 

not apply to any other such resolution. 

(iii) If the Committee on Ways and Means has not 

reported the resolution by the sixth legislative day after 

the date of its introduction, that committee shall be discharged from further consideration of the resolution. 

(C) CONSULTATION AND COMPLIANCE RESOLUTION

DESCRIBED.—A consultation and compliance resolution— 

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

the sole matter after the resolving clause of which 

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

to notify or consult in accordance with the Bipartisan 

Congressional Trade Priorities and Accountability Act 

of 2015 on negotiations with respect to lllll and, 

therefore, the trade authorities procedures under that 

Act shall not apply in the House of Representatives 

to any implementing bill submitted with respect to 

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

space being filled with a description of the trade agreement or agreements described in subparagraph (A); 

and 

(ii) shall be referred to the Committee on Ways 

and Means. 

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

in the House of Representatives to any implementing bill 

submitted with respect to a trade agreement or agreements 

which are the object of a consultation and compliance resolution if such resolution is adopted by the House. 

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

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

Treasury, the Attorney General, and the United States Trade 

Representative, shall transmit to Congress a report setting 

forth the strategy of the executive branch to address concerns 

of Congress regarding whether dispute settlement panels and 

the Appellate Body of the World Trade Organization have added 

to obligations, or diminished rights, of the United States, as 
H. R. 2146—37 

described in section 102(b)(15)(C). Trade authorities procedures 

shall not apply to any implementing bill with respect to an 

agreement negotiated under the auspices of the World Trade 

Organization unless the Secretary of Commerce has issued 

such report by the deadline specified in this paragraph. 

(6) LIMITATIONS ON PROCEDURES WITH RESPECT TO AGREEMENTS WITH COUNTRIES NOT IN COMPLIANCE WITH TRAFFICKING

VICTIMS PROTECTION ACT OF 2000.— 

(A) IN GENERAL.—The trade authorities procedures 

shall not apply to any implementing bill submitted with 

respect to a trade agreement or trade agreements entered 

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

minimum standards for the elimination of trafficking are 

applicable and the government of which does not fully 

comply with such standards and is not making significant 

efforts to bring the country into compliance (commonly 

referred to as a ‘‘tier 3’’ country), as determined in the 

most recent annual report on trafficking in persons submitted under section 110(b)(1) of the Trafficking Victims 

Protection Act of 2000 (22 U.S.C. 7107(b)(1)). 

(B) MINIMUM STANDARDS FOR THE ELIMINATION OF

TRAFFICKING DEFINED.—In this paragraph, the term ‘‘minimum standards for the elimination of trafficking’’ means 

the standards set forth in section 108 of the Trafficking 

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

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

are enacted by Congress— 

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

of Representatives and the Senate, respectively, and as such 

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

and such procedures supersede other rules only to the extent 

that they are inconsistent with such other rules; and 

(2) with the full recognition of the constitutional right 

of either House to change the rules (so far as relating to 

the procedures of that House) at any time, in the same manner, 

and to the same extent as any other rule of that House. 

SEC. 107. TREATMENT OF CERTAIN TRADE AGREEMENTS FOR WHICH 

NEGOTIATIONS HAVE ALREADY BEGUN. 

(a) CERTAIN AGREEMENTS.—Notwithstanding the prenegotiation 

notification and consultation requirement described in section 

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

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

Organization, 

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

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

of the enactment of this Act, 

(3) is entered into with the European Union, 

(4) is an agreement with respect to international trade 

in services entered into with WTO members with respect to 

which a notification has been made in a manner consistent 

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

this Act, or 

(5) is an agreement with respect to environmental goods 

entered into with WTO members with respect to which a 
H. R. 2146—38 

notification has been made in a manner consistent with section 

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

and results from negotiations that were commenced before the 

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

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

to which subsection (a) applies, the applicability of the trade 

authorities procedures to implementing bills shall be determined 

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

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

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

in order on the basis of a failure or refusal to comply with the 

provisions of section 105(a), if (and only if) the President, as soon 

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

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

or changes to an existing agreement; and 

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

regarding the negotiations with the committees referred to 

in section 105(a)(1)(B) and the House and Senate Advisory 

Groups on Negotiations convened under section 104(c). 

SEC. 108. SOVEREIGNTY. 

(a) UNITED STATES LAW TO PREVAIL IN EVENT OF CONFLICT.— 

No provision of any trade agreement entered into under section 

103(b), nor the application of any such provision to any person 

or circumstance, that is inconsistent with any law of the United 

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

States shall have effect. 

(b) AMENDMENTS OR MODIFICATIONS OF UNITED STATES LAW.— No provision of any trade agreement entered into under section 

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

States, or any locality of the United States from amending or 

modifying any law of the United States, that State, or that locality 

(as the case may be). 

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

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

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

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

of any State or locality of the United States. 

SEC. 109. INTERESTS OF SMALL BUSINESSES. 

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

(1) the United States Trade Representative should facilitate 

participation by small businesses in the trade negotiation 

process; and 

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

Representative relating to small businesses should continue 

to be reflected in the title of the Assistant United States Trade 

Representative assigned the responsibility for small businesses. 

(b) CONSIDERATION OF SMALL BUSINESS INTERESTS.—The 

Assistant United States Trade Representative for Small Business, 

Market Access, and Industrial Competitiveness shall be responsible 

for ensuring that the interests of small businesses are considered 

in all trade negotiations in accordance with the objective described 

in section 102(a)(8). 
H. R. 2146—39 

SEC. 110. CONFORMING AMENDMENTS; APPLICATION OF CERTAIN 

PROVISIONS. 

(a) CONFORMING AMENDMENTS.— 

(1) ADVICE FROM UNITED STATES INTERNATIONAL TRADE

COMMISSION.—Section 131 of the Trade Act of 1974 (19 U.S.C. 

2151) is amended— 

(A) in subsection (a)— 

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

or (b) of the Bipartisan Trade Promotion Authority 

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

section 103 of the Bipartisan Congressional Trade 

Priorities and Accountability Act of 2015’’; and 

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

of the Bipartisan Trade Promotion Authority Act of 

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

Congressional Trade Priorities and Accountability Act 

of 2015’’; 

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

of the Bipartisan Trade Promotion Authority Act of 2002’’ 

and inserting ‘‘section 103(a)(4)(A) of the Bipartisan 

Congressional Trade Priorities and Accountability Act of 

2015’’; and 

(C) in subsection (c), by striking ‘‘section 2103 of the 

Bipartisan Trade Promotion Authority Act of 2002’’ and 

inserting ‘‘section 103(a) of the Bipartisan Congressional 

Trade Priorities and Accountability Act of 2015’’. 

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

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

‘‘section 103 of the Bipartisan Congressional Trade Priorities 

and Accountability Act of 2015’’. 

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

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

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

and inserting ‘‘section 103 of the Bipartisan Congressional 

Trade Priorities and Accountability Act of 2015’’. 

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

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

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

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

of 2015’’. 

(5) INFORMATION AND ADVICE FROM PRIVATE AND PUBLIC

SECTORS.—Section 135 of the Trade Act of 1974 (19 U.S.C. 

2155) is amended— 

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

of the Bipartisan Trade Promotion Authority Act of 2002’’ 

and inserting ‘‘section 103 of the Bipartisan Congressional 

Trade Priorities and Accountability Act of 2015’’; and 

(B) in subsection (e)— 

(i) in paragraph (1)— 

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

Trade Promotion Authority Act of 2002’’ each place 

it appears and inserting ‘‘section 103 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015’’; and 
H. R. 2146—40 

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

which the President notifies the Congress under 

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

later than the date that is 30 days after the date 

on which the President notifies Congress under 

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

2015’’; and 

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

of the Bipartisan Trade Promotion Authority Act of 

2002’’ and inserting ‘‘section 102 of the Bipartisan 

Congressional Trade Priorities and Accountability Act 

of 2015’’. 

(6) PROCEDURES RELATING TO IMPLEMENTING BILLS.—Section 151 of the Trade Act of 1974 (19 U.S.C. 2191) is amended— 

(A) in subsection (b)(1), in the matter preceding 

subparagraph (A), by striking ‘‘section 2105(a)(1) of the 

Bipartisan Trade Promotion Authority Act of 2002’’ and 

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

Trade Priorities and Accountability Act of 2015’’; and 

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

of the Bipartisan Trade Promotion Authority Act of 2002’’ 

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

(7) TRANSMISSION OF AGREEMENTS TO CONGRESS.—Section 

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

by striking ‘‘section 2103 of the Bipartisan Trade Promotion 

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

of 2015’’. 

(b) APPLICATION OF CERTAIN PROVISIONS.—For purposes of 

applying sections 125, 126, and 127 of the Trade Act of 1974 

(19 U.S.C. 2135, 2136, and 2137)— 

(1) any trade agreement entered into under section 103 

shall be treated as an agreement entered into under section 

101 or 102 of the Trade Act of 1974 (19 U.S.C. 2111 or 2112), 

as appropriate; and 

(2) any proclamation or Executive order issued pursuant 

to a trade agreement entered into under section 103 shall 

be treated as a proclamation or Executive order issued pursuant 

to a trade agreement entered into under section 102 of the 

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

SEC. 111. DEFINITIONS. 

In this title: 

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

on Agriculture’’ means the agreement referred to in section 

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

3511(d)(2)). 

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

on Safeguards’’ means the agreement referred to in section 

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

3511(d)(13)). 

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

Measures’’ means the agreement referred to in section 
H. R. 2146—41 

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

3511(d)(12)). 

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

Agreement’’ means the Agreement on Implementation of Article 

VI of the General Agreement on Tariffs and Trade 1994 referred 

to in section 101(d)(7) of the Uruguay Round Agreements Act 

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

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

the Appellate Body established under Article 17.1 of the Dispute 

Settlement Understanding. 

(6) COMMON MULTILATERAL ENVIRONMENTAL AGREEMENT.— (A) IN GENERAL.—The term ‘‘common multilateral 

environmental agreement’’ means any agreement specified 

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

to which both the United States and one or more other 

parties to the negotiations are full parties, including any 

current or future mutually agreed upon protocols, amendments, annexes, or adjustments to such an agreement. 

(B) AGREEMENTS SPECIFIED.—The agreements specified 

in this subparagraph are the following: 

(i) The Convention on International Trade in 

Endangered Species of Wild Fauna and Flora, done 

at Washington March 3, 1973 (27 UST 1087; TIAS 

8249). 

(ii) The Montreal Protocol on Substances that 

Deplete the Ozone Layer, done at Montreal September 

16, 1987. 

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

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

(iv) The Convention on Wetlands of International 

Importance Especially as Waterfowl Habitat, done at 

Ramsar February 2, 1971 (TIAS 11084). 

(v) The Convention on the Conservation of Antarctic Marine Living Resources, done at Canberra May 

20, 1980 (33 UST 3476). 

(vi) The International Convention for the Regulation of Whaling, done at Washington December 2, 1946 

(62 Stat. 1716). 

(vii) The Convention for the Establishment of an 

Inter-American Tropical Tuna Commission, done at 

Washington May 31, 1949 (1 UST 230). 

(C) ADDITIONAL AGREEMENTS.—Both the United States 

and one or more other parties to the negotiations may 

agree to include any other multilateral environmental or 

conservation agreement to which they are full parties as 

a common multilateral environmental agreement under 

this paragraph. 

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

(A) freedom of association; 

(B) the effective recognition of the right to collective 

bargaining; 

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

labor; 

(D) the effective abolition of child labor and a prohibition on the worst forms of child labor; and 
H. R. 2146—42 

(E) the elimination of discrimination in respect of 

employment and occupation. 

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

Rules and Procedures Governing the Settlement of Disputes 

referred to in section 101(d)(16) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(16)). 

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

the Decision on Differential and More Favourable Treatment, 

Reciprocity and Fuller Participation of Developing Countries 

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

defined in section 2 of the Uruguay Round Agreements Act 

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

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

laws’’, with respect to the laws of the United States, means 

environmental statutes and regulations enforceable by action 

of the Federal Government. 

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

given that term in section 2 of the Uruguay Round Agreements 

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

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

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

General Agreement on Trade in Services (referred to in section 

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

3511(d)(14))). 

(13) GOVERNMENT PROCUREMENT AGREEMENT.—The term 

‘‘Government Procurement Agreement’’ means the Agreement 

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

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

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

Organization. 

(15) IMPORT SENSITIVE AGRICULTURAL PRODUCT.—The term 

‘‘import sensitive agricultural product’’ means an agricultural 

product— 

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

Round Agreements, the rate of duty was the subject of 

tariff reductions by the United States and, pursuant to 

such Agreements, was reduced on January 1, 1995, to 

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

of duty that applied to such article on December 31, 1994; 

or 

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

date of the enactment of this Act. 

(16) INFORMATION TECHNOLOGY AGREEMENT.—The term 

‘‘Information Technology Agreement’’ means the Ministerial 

Declaration on Trade in Information Technology Products of 

the World Trade Organization, agreed to at Singapore 

December 13, 1996. 

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

ILO Declaration on Fundamental Principles and Rights at Work 

and its Follow-Up (1998). 

(18) LABOR LAWS.—The term ‘‘labor laws’’ means the statutes and regulations, or provisions thereof, of a party to the 

negotiations that are directly related to core labor standards 

as well as other labor protections for children and minors 
H. R. 2146—43 

and acceptable conditions of work with respect to minimum 

wages, hours of work, and occupational safety and health, and 

for the United States, includes Federal statutes and regulations 

addressing those standards, protections, or conditions, but does 

not include State or local labor laws. 

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

(A) a United States citizen; 

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

that is organized under the laws of the United States; 

and 

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

that is organized under the laws of a foreign country and 

is controlled by entities described in subparagraph (B) or 

United States citizens, or both. 

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

Round Agreements’’ has the meaning given that term in section 

2(7) of the Uruguay Round Agreements Act (19 U.S.C. 3501(7)). 

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

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

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

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

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

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

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

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.