II 

Calendar No. 73 

114TH CONGRESS 

1ST SESSION S. 995 

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

of trade agreements, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 16, 2015 

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

was read twice and referred to the Committee on Finance 

MAY 11, 2015 

Reported by Mr. HATCH, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To establish congressional trade negotiating objectives and 

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

and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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


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1 SEC. 2. TRADE NEGOTIATING OBJECTIVES. 

2 (a) OVERALL TRADE NEGOTIATING OBJECTIVES.— 

3 The overall trade negotiating objectives of the United 

4 States for agreements subject to the provisions of section 

5 3 are— 

6 (1) to obtain more open, equitable, and recip7 rocal market access; 

8 (2) to obtain the reduction or elimination of 

9 barriers and distortions that are directly related to 

10 trade and investment and that decrease market op11 portunities for United States exports or otherwise 

12 distort United States trade; 

13 (3) to further strengthen the system of inter14 national trade and investment disciplines and proce15 dures, including dispute settlement; 

16 (4) to foster economic growth, raise living 

17 standards, enhance the competitiveness of the 

18 United States, promote full employment in the 

19 United States, and enhance the global economy; 

20 (5) to ensure that trade and environmental poli21 cies are mutually supportive and to seek to protect 

22 and preserve the environment and enhance the inter23 national means of doing so, while optimizing the use 

24 of the world’s resources; 

25 (6) to promote respect for worker rights and 

26 the rights of children consistent with core labor 


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

2 and an understanding of the relationship between 

3 trade and worker rights; 

4 (7) to seek provisions in trade agreements 

5 under which parties to those agreements ensure that 

6 they do not weaken or reduce the protections af7 forded in domestic environmental and labor laws as 

8 an encouragement for trade; 

9 (8) to ensure that trade agreements afford 

10 small businesses equal access to international mar11 kets, equitable trade benefits, and expanded export 

12 market opportunities, and provide for the reduction 

13 or elimination of trade and investment barriers that 

14 disproportionately impact small businesses; 

15 (9) to promote universal ratification and full 

16 compliance with ILO Convention No. 182 Con17 cerning the Prohibition and Immediate Action for 

18 the Elimination of the Worst Forms of Child Labor; 

19 (10) to ensure that trade agreements reflect 

20 and facilitate the increasingly interrelated, multi-sec21 toral nature of trade and investment activity; 

22 (11) to ensure implementation of trade commit23 ments and obligations by strengthening good govern24 ance, transparency, the effective operation of legal 

25 regimes and the rule of law of trading partners of 


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1 the United States through capacity building and 

2 other appropriate means, which are important parts 

3 of the broader effort to create more open democratic 

4 societies and to promote respect for internationally 

5 recognized human rights; 

6 (1211) to recognize the growing significance of 

7 the Internet as a trading platform in international 

8 commerce; and 

9 (1312) to take into account other legitimate 

10 United States domestic objectives, including, but not 

11 limited to, the protection of legitimate health or 

12 safety, essential security, and consumer interests 

13 and the law and regulations related thereto. 

14 (b) PRINCIPAL TRADE NEGOTIATING OBJECTIVES.— 

15 (1) TRADE IN GOODS.—The principal negoti16 ating objectives of the United States regarding trade 

17 in goods are— 

18 (A) to expand competitive market opportu19 nities for exports of goods from the United 

20 States and to obtain fairer and more open con21 ditions of trade, including through the utiliza22 tion of global value chains, by reducing or elimi23 nating tariff and nontariff barriers and policies 

24 and practices of foreign governments directly 

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1 nities for United States exports or otherwise 

2 distort United States trade; and 

3 (B) to obtain reciprocal tariff and non4 tariff barrier elimination agreements, including 

5 with respect to those tariff categories covered in 

6 section 111(b) of the Uruguay Round Agree7 ments Act (19 U.S.C. 3521(b)). 

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

9 negotiating objective of the United States regarding 

10 trade in services is to expand competitive market op11 portunities for United States services and to obtain 

12 fairer and more open conditions of trade, including 

13 through utilization of global value chains, by reduc14 ing or eliminating barriers to international trade in 

15 services, such as regulatory and other barriers that 

16 deny national treatment and market access or un17 reasonably restrict the establishment or operations 

18 of service suppliers. 

19 (B) Recognizing that expansion of trade in 

20 services generates benefits for all sectors of the 

21 economy and facilitates trade, the objective described 

22 in subparagraph (A) should be pursued through all 

23 means, including through a plurilateral agreement 

24 with those countries willing and able to undertake 


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1 high standard services commitments for both exist2 ing and new services. 

3 (3) TRADE IN AGRICULTURE.—The principal 

4 negotiating objective of the United States with re5 spect to agriculture is to obtain competitive opportu6 nities for United States exports of agricultural com7 modities in foreign markets substantially equivalent 

8 to the competitive opportunities afforded foreign ex9 ports in United States markets and to achieve fairer 

10 and more open conditions of trade in bulk, specialty 

11 crop, and value added commodities by— 

12 (A) securing more open and equitable mar13 ket access through robust rules on sanitary and 

14 phytosanitary measures that— 

15 (i) encourage the adoption of inter16 national standards and require a science17 based justification be provided for a sani18 tary or phytosanitary measure if the meas19 ure is more restrictive than the applicable 

20 international standard; 

21 (ii) improve regulatory coherence, pro22 mote the use of systems-based approaches, 

23 and appropriately recognize the equivalence 

24 of health and safety protection systems of 

25 exporting countries; 


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1 (iii) require that measures are trans2 parently developed and implemented, are 

3 based on risk assessments that take into 

4 account relevant international guidelines 

5 and scientific data, and are not more re6 strictive on trade than necessary to meet 

7 the intended purpose; and 

8 (iv) improve import check processes, 

9 including testing methodologies and proce10 dures, and certification requirements, 

11 while recognizing that countries may put in 

12 place measures to protect human, animal, or 

13 plant life or health in a manner consistent with 

14 their international obligations, including the 

15 WTO Agreement on the Application of Sanitary 

16 and Phytosanitary Measures (referred to in sec17 tion 101(d)(3) of the Uruguay Round Agree18 ments Act (19 U.S.C. 3511(d)(3))); 

19 (B) reducing or eliminating, by a date cer20 tain, tariffs or other charges that decrease mar21 ket opportunities for United States exports— 

22 (i) giving priority to those products 

23 that are subject to significantly higher tar24 iffs or subsidy regimes of major producing 

25 countries; and 


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1 (ii) providing reasonable adjustment 

2 periods for United States import sensitive 

3 products, in close consultation with Con4 gress on such products before initiating 

5 tariff reduction negotiations; 

6 (C) reducing tariffs to levels that are the 

7 same as or lower than those in the United 

8 States; 

9 (D) reducing or eliminating subsidies that 

10 decrease market opportunities for United States 

11 exports or unfairly distort agriculture markets 

12 to the detriment of the United States; 

13 (E) allowing the preservation of programs 

14 that support family farms and rural commu15 nities but do not distort trade; 

16 (F) developing disciplines for domestic sup17 port programs, so that production that is in ex18 cess of domestic food security needs is sold at 

19 world prices; 

20 (G) eliminating government policies that 

21 create price depressing surpluses; 

22 (H) eliminating state trading enterprises 

23 whenever possible; 

24 (I) developing, strengthening, and clari25 fying rules to eliminate practices that unfairly 


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1 decrease United States market access opportu2 nities or distort agricultural markets to the det3 riment of the United States, and ensuring that 

4 such rules are subject to efficient, timely, and 

5 effective dispute settlement, including— 

6 (i) unfair or trade distorting activities 

7 of state trading enterprises and other ad8 ministrative mechanisms, with emphasis on 

9 requiring price transparency in the oper10 ation of state trading enterprises and such 

11 other mechanisms in order to end cross 

12 subsidization, price discrimination, and 

13 price undercutting; 

14 (ii) unjustified trade restrictions or 

15 commercial requirements, such as labeling, 

16 that affect new technologies, including bio17 technology; 

18 (iii) unjustified sanitary or 

19 phytosanitary restrictions, including re20 strictions not based on scientific principles 

21 in contravention of obligations in the Uru22 guay Round Agreements or bilateral or re23 gional trade agreements; 

24 (iv) other unjustified technical bar25 riers to trade; and 


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1 (v) restrictive rules in the administra2 tion of tariff rate quotas; 

3 (J) eliminating practices that adversely af4 fect trade in perishable or cyclical products, 

5 while improving import relief mechanisms to 

6 recognize the unique characteristics of perish7 able and cyclical agriculture; 

8 (K) ensuring that import relief mecha9 nisms for perishable and cyclical agriculture are 

10 as accessible and timely to growers in the 

11 United States as those mechanisms that are 

12 used by other countries; 

13 (L) taking into account whether a party to 

14 the negotiations has failed to adhere to the pro15 visions of already existing trade agreements 

16 with the United States or has circumvented ob17 ligations under those agreements; 

18 (M) taking into account whether a product 

19 is subject to market distortions by reason of a 

20 failure of a major producing country to adhere 

21 to the provisions of already existing trade 

22 agreements with the United States or by the 

23 circumvention by that country of its obligations 

24 under those agreements; 


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1 (N) otherwise ensuring that countries that 

2 accede to the World Trade Organization have 

3 made meaningful market liberalization commit4 ments in agriculture; 

5 (O) taking into account the impact that 

6 agreements covering agriculture to which the 

7 United States is a party have on the United 

8 States agricultural industry; 

9 (P) maintaining bona fide food assistance 

10 programs, market development programs, and 

11 export credit programs; 

12 (Q) seeking to secure the broadest market 

13 access possible in multilateral, regional, and bi14 lateral negotiations, recognizing the effect that 

15 simultaneous sets of negotiations may have on 

16 United States import sensitive commodities (in17 cluding those subject to tariff rate quotas); 

18 (R) seeking to develop an international 

19 consensus on the treatment of seasonal or per20 ishable agricultural products in investigations 

21 relating to dumping and safeguards and in any 

22 other relevant area; 

23 (S) seeking to establish the common base 

24 year for calculating the Aggregated Measure25 ment of Support (as defined in the Agreement 


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

2 Uruguay Round implementation period, as re3 ported in each country’s Uruguay Round mar4 ket access schedule; 

5 (T) ensuring transparency in the adminis6 tration of tariff rate quotas through multilat7 eral, plurilateral, and bilateral negotiations; and 

8 (U) eliminating and preventing the under9 mining of market access for United States 

10 products through improper use of a country’s 

11 system for protecting or recognizing geo12 graphical indications, including failing to ensure 

13 transparency and procedural fairness and pro14 tecting generic terms. 

15 (4) FOREIGN INVESTMENT.—Recognizing that 

16 United States law on the whole provides a high level 

17 of protection for investment, consistent with or 

18 greater than the level required by international law, 

19 the principal negotiating objectives of the United 

20 States regarding foreign investment are to reduce or 

21 eliminate artificial or trade distorting barriers to for22 eign investment, while ensuring that foreign inves23 tors in the United States are not accorded greater 

24 substantive rights with respect to investment protec25 tions than United States investors in the United 


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1 States, and to secure for investors important rights 

2 comparable to those that would be available under 

3 United States legal principles and practice, by— 

4 (A) reducing or eliminating exceptions to 

5 the principle of national treatment; 

6 (B) freeing the transfer of funds relating 

7 to investments; 

8 (C) reducing or eliminating performance 

9 requirements, forced technology transfers, and 

10 other unreasonable barriers to the establish11 ment and operation of investments; 

12 (D) seeking to establish standards for ex13 propriation and compensation for expropriation, 

14 consistent with United States legal principles 

15 and practice; 

16 (E) seeking to establish standards for fair 

17 and equitable treatment, consistent with United 

18 States legal principles and practice, including 

19 the principle of due process; 

20 (F) providing meaningful procedures for 

21 resolving investment disputes; 

22 (G) seeking to improve mechanisms used 

23 to resolve disputes between an investor and a 

24 government through— 


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1 (i) mechanisms to eliminate frivolous 

2 claims and to deter the filing of frivolous 

3 claims; 

4 (ii) procedures to ensure the efficient 

5 selection of arbitrators and the expeditious 

6 disposition of claims; 

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

9 government positions; and 

10 (iv) providing for an appellate body or 

11 similar mechanism to provide coherence to 

12 the interpretations of investment provisions 

13 in trade agreements; and 

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

16 to the extent consistent with the need to protect 

17 information that is classified or business con18 fidential, by— 

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

21 (ii) ensuring that— 

22 (I) all proceedings, submissions, 

23 findings, and decisions are promptly 

24 made public; and 


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1 (II) all hearings are open to the 

2 public; and 

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

5 from businesses, unions, and nongovern6 mental organizations. 

7 (5) INTELLECTUAL PROPERTY.—The principal 

8 negotiating objectives of the United States regarding 

9 trade-related intellectual property are— 

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

12 including through— 

13 (i)(I) ensuring accelerated and full 

14 implementation of the Agreement on 

15 Trade-Related Aspects of Intellectual 

16 Property Rights referred to in section 

17 101(d)(15) of the Uruguay Round Agree18 ments Act (19 U.S.C. 3511(d)(15)), par19 ticularly with respect to meeting enforce20 ment obligations under that agreement; 

21 and 

22 (II) ensuring that the provisions of 

23 any trade agreement governing intellectual 

24 property rights that is entered into by the 

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1 tion similar to that found in United States 

2 law; 

3 (ii) providing strong protection for 

4 new and emerging technologies and new 

5 methods of transmitting and distributing 

6 products embodying intellectual property, 

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

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

12 maintenance, use, and enforcement of in13 tellectual property rights; 

14 (iv) ensuring that standards of protec15 tion and enforcement keep pace with tech16 nological developments, and in particular 

17 ensuring that rightholders have the legal 

18 and technological means to control the use 

19 of their works through the Internet and 

20 other global communication media, and to 

21 prevent the unauthorized use of their 

22 works; 

23 (v) providing strong enforcement of 

24 intellectual property rights, including 

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1 tive civil, administrative, and criminal en2 forcement mechanisms; and 

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

6 theft and piracy; 

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

9 United States persons that rely upon intellec10 tual property protection; and 

11 (C) to respect the Declaration on the 

12 TRIPS Agreement and Public Health, adopted 

13 by the World Trade Organization at the Fourth 

14 Ministerial Conference at Doha, Qatar on No15 vember 14, 2001, and to ensure that trade 

16 agreements foster innovation and promote ac17 cess to medicines. 

18 (6) DIGITAL TRADE IN GOODS AND SERVICES

19 AND CROSS-BORDER DATA FLOWS.—The principal 

20 negotiating objectives of the United States with re21 spect to digital trade in goods and services, as well 

22 as cross-border data flows, are— 

23 (A) to ensure that current obligations, 

24 rules, disciplines, and commitments under the 

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1 gional trade agreements apply to digital trade 

2 in goods and services and to cross-border data 

3 flows; 

4 (B) to ensure that— 

5 (i) electronically delivered goods and 

6 services receive no less favorable treatment 

7 under trade rules and commitments than 

8 like products delivered in physical form; 

9 and 

10 (ii) the classification of such goods 

11 and services ensures the most liberal trade 

12 treatment possible, fully encompassing 

13 both existing and new trade; 

14 (C) to ensure that governments refrain 

15 from implementing trade-related measures that 

16 impede digital trade in goods and services, re17 strict cross-border data flows, or require local 

18 storage or processing of data; 

19 (D) with respect to subparagraphs (A) 

20 through (C), where legitimate policy objectives 

21 require domestic regulations that affect digital 

22 trade in goods and services or cross-border data 

23 flows, to obtain commitments that any such 

24 regulations are the least restrictive on trade, 


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1 nondiscriminatory, and transparent, and pro2 mote an open market environment; and 

3 (E) to extend the moratorium of the World 

4 Trade Organization on duties on electronic 

5 transmissions. 

6 (7) REGULATORY PRACTICES.—The principal 

7 negotiating objectives of the United States regarding 

8 the use of government regulation or other practices 

9 to reduce market access for United States goods, 

10 services, and investments are— 

11 (A) to achieve increased transparency and 

12 opportunity for the participation of affected 

13 parties in the development of regulations; 

14 (B) to require that proposed regulations be 

15 based on sound science, cost benefit analysis, 

16 risk assessment, or other objective evidence; 

17 (C) to establish consultative mechanisms 

18 and seek other commitments, as appropriate, to 

19 improve regulatory practices and promote in20 creased regulatory coherence, including 

21 through— 

22 (i) transparency in developing guide23 lines, rules, regulations, and laws for gov24 ernment procurement and other regulatory 

25 regimes; 


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1 (ii) the elimination of redundancies in 

2 testing and certification; 

3 (iii) early consultations on significant 

4 regulations; 

5 (iv) the use of impact assessments; 

6 (v) the periodic review of existing reg7 ulatory measures; and 

8 (vi) the application of good regulatory 

9 practices; 

10 (D) to seek greater openness, trans11 parency, and convergence of standards develop12 ment processes, and enhance cooperation on 

13 standards issues globally; 

14 (E) to promote regulatory compatibility 

15 through harmonization, equivalence, or mutual 

16 recognition of different regulations and stand17 ards and to encourage the use of international 

18 and interoperable standards, as appropriate; 

19 (F) to achieve the elimination of govern20 ment measures such as price controls and ref21 erence pricing which deny full market access for 

22 United States products; 

23 (G) to ensure that government regulatory 

24 reimbursement regimes are transparent, provide 

25 procedural fairness, are nondiscriminatory, and 


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1 provide full market access for United States 

2 products; and 

3 (H) to ensure that foreign governments— 

4 (i) demonstrate that the collection of 

5 undisclosed proprietary information is lim6 ited to that necessary to satisfy a legiti7 mate and justifiable regulatory interest; 

8 and 

9 (ii) protect such information against 

10 disclosure, except in exceptional cir11 cumstances to protect the public, or where 

12 such information is effectively protected 

13 against unfair competition. 

14 (8) STATE-OWNED AND STATE-CONTROLLED

15 ENTERPRISES.—The principal negotiating objective 

16 of the United States regarding competition by state17 owned and state-controlled enterprises is to seek 

18 commitments that— 

19 (A) eliminate or prevent trade distortions 

20 and unfair competition favoring state-owned 

21 and state-controlled enterprises to the extent of 

22 their engagement in commercial activity, and 

23 (B) ensure that such engagement is based 

24 solely on commercial considerations, 


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1 in particular through disciplines that eliminate or 

2 prevent discrimination and market-distorting sub3 sidies and that promote transparency. 

4 (9) LOCALIZATION BARRIERS TO TRADE.—The 

5 principal negotiating objective of the United States 

6 with respect to localization barriers is to eliminate 

7 and prevent measures that require United States 

8 producers and service providers to locate facilities, 

9 intellectual property, or other assets in a country as 

10 a market access or investment condition, including 

11 indigenous innovation measures. 

12 (10) LABOR AND THE ENVIRONMENT.—The 

13 principal negotiating objectives of the United States 

14 with respect to labor and the environment are— 

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

16 agreement with the United States— 

17 (i) adopts and maintains measures 

18 implementing internationally recognized 

19 core labor standards (as defined in section 

20 11(17)) and its obligations under common 

21 multilateral environmental agreements (as 

22 defined in section 11(6)), 

23 (ii) does not waive or otherwise dero24 gate from, or offer to waive or otherwise 

25 derogate from— 


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1 (I) its statutes or regulations im2 plementing internationally recognized 

3 core labor standards (as defined in 

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

5 trade or investment between the 

6 United States and that party, where 

7 the waiver or derogation would be in8 consistent with one or more such 

9 standards, or 

10 (II) its environmental laws in a 

11 manner that weakens or reduces the 

12 protections afforded in those laws and 

13 in a manner affecting trade or invest14 ment between the United States and 

15 that party, except as provided in its 

16 law and provided not inconsistent with 

17 its obligations under common multi18 lateral environmental agreements (as 

19 defined in section 11(6)) or other pro20 visions of the trade agreement specifi21 cally agreed upon, and 

22 (iii) does not fail to effectively enforce 

23 its environmental or labor laws, through a 

24 sustained or recurring course of action or 

25 inaction, 


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1 in a manner affecting trade or investment be2 tween the United States and that party after 

3 entry into force of a trade agreement between 

4 those countries; 

5 (B) to recognize that— 

6 (i) with respect to environment, par7 ties to a trade agreement retain the right 

8 to exercise prosecutorial discretion and to 

9 make decisions regarding the allocation of 

10 enforcement resources with respect to 

11 other environmental laws determined to 

12 have higher priorities, and a party is effec13 tively enforcing its laws if a course of ac14 tion or inaction reflects a reasonable, bona 

15 fide exercise of such discretion, or results 

16 from a reasonable, bona fide decision re17 garding the allocation of resources; and 

18 (ii) with respect to labor, decisions re19 garding the distribution of enforcement re20 sources are not a reason for not complying 

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

22 a trade agreement retains the right to rea23 sonable exercise of discretion and to make 

24 bona fide decisions regarding the allocation 

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1 tivities among core labor standards, pro2 vided the exercise of such discretion and 

3 such decisions are not inconsistent with its 

4 obligations; 

5 (C) to strengthen the capacity of United 

6 States trading partners to promote respect for 

7 core labor standards (as defined in section 

8 11(7)); 

9 (D) to strengthen the capacity of United 

10 States trading partners to protect the environ11 ment through the promotion of sustainable de12 velopment; 

13 (E) to reduce or eliminate government 

14 practices or policies that unduly threaten sus15 tainable development; 

16 (F) to seek market access, through the 

17 elimination of tariffs and nontariff barriers, for 

18 United States environmental technologies, 

19 goods, and services; 

20 (G) to ensure that labor, environmental, 

21 health, or safety policies and practices of the 

22 parties to trade agreements with the United 

23 States do not arbitrarily or unjustifiably dis24 criminate against United States exports or 

25 serve as disguised barriers to trade; 


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1 (H) to ensure that enforceable labor and 

2 environment obligations are subject to the same 

3 dispute settlement and remedies as other en4 forceable obligations under the agreement; and 

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

6 construed to empower a party’s authorities to 

7 undertake labor or environmental law enforce8 ment activities in the territory of the United 

9 States. 

10 (11) CURRENCY.—The principal negotiating ob11 jective of the United States with respect to currency 

12 practices is that parties to a trade agreement with 

13 the United States avoid manipulating exchange rates 

14 in order to prevent effective balance of payments ad15 justment or to gain an unfair competitive advantage 

16 over other parties to the agreement, such as through 

17 cooperative mechanisms, enforceable rules, reporting, 

18 monitoring, transparency, or other means, as appro19 priate. 

20 (12) WTO AND MULTILATERAL TRADE AGREE21 MENTS.—Recognizing that the World Trade Organi22 zation is the foundation of the global trading system, 

23 the principal negotiating objectives of the United 

24 States regarding the World Trade Organization, the 


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1 Uruguay Round Agreements, and other multilateral 

2 and plurilateral trade agreements are— 

3 (A) to achieve full implementation and ex4 tend the coverage of the World Trade Organiza5 tion and multilateral and plurilateral agree6 ments to products, sectors, and conditions of 

7 trade not adequately covered; 

8 (B) to expand country participation in and 

9 enhancement of the Information Technology 

10 Agreement, the Government Procurement 

11 Agreement, and other plurilateral trade agree12 ments of the World Trade Organization; 

13 (C) to expand competitive market opportu14 nities for United States exports and to obtain 

15 fairer and more open conditions of trade, in16 cluding through utilization of global value 

17 chains, through the negotiation of new WTO 

18 multilateral and plurilateral trade agreements, 

19 such as an agreement on trade facilitation; 

20 (D) to ensure that regional trade agree21 ments to which the United States is not a party 

22 fully achieve the high standards of, and comply 

23 with, WTO disciplines, including Article XXIV 

24 of GATT 1994, Article V and V bis of the Gen25 eral Agreement on Trade in Services, and the 


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1 Enabling Clause, including through meaningful 

2 WTO review of such regional trade agreements; 

3 (E) to enhance compliance by WTO mem4 bers with their obligations as WTO members 

5 through active participation in the bodies of the 

6 World Trade Organization by the United States 

7 and all other WTO members, including in the 

8 trade policy review mechanism and the com9 mittee system of the World Trade Organization, 

10 and by working to increase the effectiveness of 

11 such bodies; and 

12 (F) to encourage greater cooperation be13 tween the World Trade Organization and other 

14 international organizations. 

15 (13) TRADE INSTITUTION TRANSPARENCY.— 

16 The principal negotiating objective of the United 

17 States with respect to transparency is to obtain 

18 wider and broader application of the principle of 

19 transparency in the World Trade Organization, enti20 ties established under bilateral and regional trade 

21 agreements, and other international trade fora 

22 through seeking— 

23 (A) timely public access to information re24 garding trade issues and the activities of such 

25 institutions; 


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1 (B) openness by ensuring public access to 

2 appropriate meetings, proceedings, and submis3 sions, including with regard to trade and invest4 ment dispute settlement; and 

5 (C) public access to all notifications and 

6 supporting documentation submitted by WTO 

7 members. 

8 (14) ANTI-CORRUPTION.—The principal negoti9 ating objectives of the United States with respect to 

10 the use of money or other things of value to influ11 ence acts, decisions, or omissions of foreign govern12 ments or officials or to secure any improper advan13 tage in a manner affecting trade are— 

14 (A) to obtain high standards and effective 

15 domestic enforcement mechanisms applicable to 

16 persons from all countries participating in the 

17 applicable trade agreement that prohibit such 

18 attempts to influence acts, decisions, or omis19 sions of foreign governments or officials or to 

20 secure any such improper advantage; 

21 (B) to ensure that such standards level the 

22 playing field for United States persons in inter23 national trade and investment; and 

24 (C) to seek commitments to work jointly to 

25 encourage and support anti-corruption and 


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1 anti-bribery initiatives in international trade 

2 fora, including through the Convention on Com3 bating Bribery of Foreign Public Officials in 

4 International Business Transactions of the Or5 ganization for Economic Cooperation and De6 velopment, done at Paris December 17, 1997 

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

8 Convention’’). 

9 (15) DISPUTE SETTLEMENT AND ENFORCE10 MENT.—The principal negotiating objectives of the 

11 United States with respect to dispute settlement and 

12 enforcement of trade agreements are— 

13 (A) to seek provisions in trade agreements 

14 providing for resolution of disputes between 

15 governments under those trade agreements in 

16 an effective, timely, transparent, equitable, and 

17 reasoned manner, requiring determinations 

18 based on facts and the principles of the agree19 ments, with the goal of increasing compliance 

20 with the agreements; 

21 (B) to seek to strengthen the capacity of 

22 the Trade Policy Review Mechanism of the 

23 World Trade Organization to review compliance 

24 with commitments; 


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1 (C) to seek adherence by panels convened 

2 under the Dispute Settlement Understanding 

3 and by the Appellate Body to— 

4 (i) the mandate of those panels and 

5 the Appellate Body to apply the WTO 

6 Agreement as written, without adding to or 

7 diminishing rights and obligations under 

8 the Agreement; and 

9 (ii) the standard of review applicable 

10 under the Uruguay Round Agreement in11 volved in the dispute, including greater 

12 deference, where appropriate, to the fact 

13 finding and technical expertise of national 

14 investigating authorities; 

15 (D) to seek provisions encouraging the 

16 early identification and settlement of disputes 

17 through consultation; 

18 (E) to seek provisions to encourage the 

19 provision of trade-expanding compensation if a 

20 party to a dispute under the agreement does 

21 not come into compliance with its obligations 

22 under the agreement; 

23 (F) to seek provisions to impose a penalty 

24 upon a party to a dispute under the agreement 

25 that— 


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1 (i) encourages compliance with the ob2 ligations of the agreement; 

3 (ii) is appropriate to the parties, na4 ture, subject matter, and scope of the vio5 lation; and 

6 (iii) has the aim of not adversely af7 fecting parties or interests not party to the 

8 dispute while maintaining the effectiveness 

9 of the enforcement mechanism; and 

10 (G) to seek provisions that treat United 

11 States principal negotiating objectives equally 

12 with respect to— 

13 (i) the ability to resort to dispute set14 tlement under the applicable agreement; 

15 (ii) the availability of equivalent dis16 pute settlement procedures; and 

17 (iii) the availability of equivalent rem18 edies. 

19 (16) TRADE REMEDY LAWS.—The principal ne20 gotiating objectives of the United States with respect 

21 to trade remedy laws are— 

22 (A) to preserve the ability of the United 

23 States to enforce rigorously its trade laws, in24 cluding the antidumping, countervailing duty, 

25 and safeguard laws, and avoid agreements that 


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1 lessen the effectiveness of domestic and inter2 national disciplines on unfair trade, especially 

3 dumping and subsidies, or that lessen the effec4 tiveness of domestic and international safeguard 

5 provisions, in order to ensure that United 

6 States workers, agricultural producers, and 

7 firms can compete fully on fair terms and enjoy 

8 the benefits of reciprocal trade concessions; and 

9 (B) to address and remedy market distor10 tions that lead to dumping and subsidization, 

11 including overcapacity, cartelization, and mar12 ket access barriers. 

13 (17) BORDER TAXES.—The principal negoti14 ating objective of the United States regarding border 

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

16 Trade Organization with respect to the treatment of 

17 border adjustments for internal taxes to redress the 

18 disadvantage to countries relying primarily on direct 

19 taxes for revenue rather than indirect taxes. 

20 (18) TEXTILE NEGOTIATIONS.—The principal 

21 negotiating objectives of the United States with re22 spect to trade in textiles and apparel articles are to 

23 obtain competitive opportunities for United States 

24 exports of textiles and apparel in foreign markets 

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1 nities afforded foreign exports in United States mar2 kets and to achieve fairer and more open conditions 

3 of trade in textiles and apparel. 

4 (19) COMMERCIAL PARTNERSHIPS.— 

5 (A) IN GENERAL.—With respect to an agree6 ment that is proposed to be entered into with the 

7 Transatlantic Trade and Investment Partnership 

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

9 the principal negotiating objectives of the United 

10 States regarding commercial partnerships are 

11 the following: 

12 (i) To discourage actions by potential 

13 trading partners that directly or indirectly 

14 prejudice or otherwise discourage commer15 cial activity solely between the United 

16 States and Israel. 

17 (ii) To discourage politically motivated 

18 actions to boycott, divest from, or sanction 

19 Israel and to seek the elimination of politi20 cally motivated nontariff barriers on Israeli 

21 goods, services, or other commerce imposed 

22 on the State of Israel. 

23 (iii) To seek the elimination of state24 sponsored unsanctioned foreign boycotts 

25 against Israel or compliance with the Arab 


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1 League Boycott of Israel by prospective 

2 trading partners. 

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

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

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

6 states of the United Nations, international orga7 nizations, or affiliated agencies of international 

8 organizations that are politically motivated and 

9 are intended to penalize or otherwise limit com10 mercial relations specifically with Israel or per11 sons doing business in Israel or in Israeli-con12 trolled territories. 

13 (20) GOOD GOVERNANCE, TRANSPARENCY, THE

14 EFFECTIVE OPERATION OF LEGAL REGIMES, AND THE

15 RULE OF LAW OF TRADING PARTNERS.—The principal 

16 negotiating objectives of the United States with re17 spect to ensuring implementation of trade commit18 ments and obligations by strengthening good govern19 ance, transparency, the effective operation of legal re20 gimes and the rule of law of trading partners of the 

21 United States is through capacity building and other 

22 appropriate means, which are important parts of the 

23 broader effort to create more open democratic societies 

24 and to promote respect for internationally recognized 

25 human rights. 


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1 (c) CAPACITY BUILDING AND OTHER PRIORITIES.— 

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

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

6 (A) to work to strengthen the capacity of 

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

9 with any country seeking a trade agreement 

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

13 technical barriers to trade, intellectual property 

14 rights, labor, and the environment; and 

15 (B) to provide technical assistance to that 

16 country if needed; 

17 (2) seek to establish consultative mechanisms 

18 among parties to trade agreements to strengthen the 

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

21 the environment and human health based on sound 

22 science; 

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

25 such agreements regarding the consistency of any 


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1 such agreement that includes trade measures with 

2 existing environmental exceptions under Article XX 

3 of GATT 1994; and 

4 (4) submit to the Committee on Ways and 

5 Means of the House of Representatives and the 

6 Committee on Finance of the Senate an annual re7 port on capacity-building activities undertaken in 

8 connection with trade agreements negotiated or 

9 being negotiated pursuant to this Act. 

10 SEC. 3. TRADE AGREEMENTS AUTHORITY. 

11 (a) AGREEMENTS REGARDING TARIFF BARRIERS.— 

12 (1) IN GENERAL.—Whenever the President de13 termines that one or more existing duties or other 

14 import restrictions of any foreign country or the 

15 United States are unduly burdening and restricting 

16 the foreign trade of the United States and that the 

17 purposes, policies, priorities, and objectives of this 

18 Act will be promoted thereby, the President— 

19 (A) may enter into trade agreements with 

20 foreign countries before— 

21 (i) July 1, 2018; or 

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

23 procedures are extended under subsection 

24 (c); and 


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

2 (3), proclaim— 

3 (i) such modification or continuance 

4 of any existing duty, 

5 (ii) such continuance of existing duty 

6 free or excise treatment, or 

7 (iii) such additional duties, 

8 as the President determines to be required or 

9 appropriate to carry out any such trade agree10 ment. 

11 Substantial modifications to, or substantial addi12 tional provisions of, a trade agreement entered into 

13 after July 1, 2018, or July 1, 2021, if trade authori14 ties procedures are extended under subsection (c), 

15 shall not be eligible for approval under this Act. 

16 (2) NOTIFICATION.—The President shall notify 

17 Congress of the President’s intention to enter into 

18 an agreement under this subsection. 

19 (3) LIMITATIONS.—No proclamation may be 

20 made under paragraph (1) that— 

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

22 rate of duty that does not exceed 5 percent ad 

23 valorem on the date of the enactment of this 

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1 cent of the rate of such duty that applies on 

2 such date of enactment; 

3 (B) reduces the rate of duty below that ap4 plicable under the Uruguay Round Agreements 

5 or a successor agreement, on any import sen6 sitive agricultural product; or 

7 (C) increases any rate of duty above the 

8 rate that applied on the date of the enactment 

9 of this Act. 

10 (4) AGGREGATE REDUCTION; EXEMPTION FROM

11 STAGING.— 

12 (A) AGGREGATE REDUCTION.—Except as 

13 provided in subparagraph (B), the aggregate re14 duction in the rate of duty on any article which 

15 is in effect on any day pursuant to a trade 

16 agreement entered into under paragraph (1) 

17 shall not exceed the aggregate reduction which 

18 would have been in effect on such day if— 

19 (i) a reduction of 3 percent ad valorem or a reduction of 1 20 ⁄10 of the total re21 duction, whichever is greater, had taken ef22 fect on the effective date of the first reduc23 tion proclaimed under paragraph (1) to 

24 carry out such agreement with respect to 

25 such article; and 


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1 (ii) a reduction equal to the amount 

2 applicable under clause (i) had taken effect 

3 at 1-year intervals after the effective date 

4 of such first reduction. 

5 (B) EXEMPTION FROM STAGING.—No 

6 staging is required under subparagraph (A) 

7 with respect to a duty reduction that is pro8 claimed under paragraph (1) for an article of a 

9 kind that is not produced in the United States. 

10 The United States International Trade Com11 mission shall advise the President of the iden12 tity of articles that may be exempted from stag13 ing under this subparagraph. 

14 (5) ROUNDING.—If the President determines 

15 that such action will simplify the computation of re16 ductions under paragraph (4), the President may 

17 round an annual reduction by an amount equal to 

18 the lesser of— 

19 (A) the difference between the reduction 

20 without regard to this paragraph and the next 

21 lower whole number; or 

(B) 1 22 ⁄2 of 1 percent ad valorem. 

23 (6) OTHER LIMITATIONS.—A rate of duty re24 duction that may not be proclaimed by reason of 

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1 thorizing such reduction is included within an imple2 menting bill provided for under section 6 and that 

3 bill is enacted into law. 

4 (7) OTHER TARIFF MODIFICATIONS.—Notwith5 standing paragraphs (1)(B), (3)(A), (3)(C), and (4) 

6 through (6), and subject to the consultation and lay7 over requirements of section 115 of the Uruguay 

8 Round Agreements Act (19 U.S.C. 3524), the Presi9 dent may proclaim the modification of any duty or 

10 staged rate reduction of any duty set forth in Sched11 ule XX, as defined in section 2(5) of that Act (19 

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

13 modification or staged rate reduction in a negotia14 tion for the reciprocal elimination or harmonization 

15 of duties under the auspices of the World Trade Or16 ganization. 

17 (8) AUTHORITY UNDER URUGUAY ROUND

18 AGREEMENTS ACT NOT AFFECTED.—Nothing in this 

19 subsection shall limit the authority provided to the 

20 President under section 111(b) of the Uruguay 

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

22 (b) AGREEMENTS REGARDING TARIFF AND NON23 TARIFF BARRIERS.— 

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

25 determines that— 


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

2 import restriction of any foreign country or the 

3 United States or any other barrier to, or other 

4 distortion of, international trade unduly bur5 dens or restricts the foreign trade of the United 

6 States or adversely affects the United States 

7 economy, or 

8 (ii) the imposition of any such barrier or 

9 distortion is likely to result in such a burden, 

10 restriction, or effect, 

11 and that the purposes, policies, priorities, and objec12 tives of this Act will be promoted thereby, the Presi13 dent may enter into a trade agreement described in 

14 subparagraph (B) during the period described in 

15 subparagraph (C). 

16 (B) The President may enter into a trade 

17 agreement under subparagraph (A) with foreign 

18 countries providing for— 

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

20 restriction, barrier, or other distortion described 

21 in subparagraph (A); or 

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

23 imposition of, such barrier or other distortion. 

24 (C) The President may enter into a trade 

25 agreement under this paragraph before— 


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1 (i) July 1, 2018; or 

2 (ii) July 1, 2021, if trade authorities pro3 cedures are extended under subsection (c). 

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

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

8 shall not be eligible for approval under this Act. 

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

10 entered into under this subsection only if such 

11 agreement makes progress in meeting the applicable 

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

13 section 2 and the President satisfies the conditions 

14 set forth in sections 4 and 5. 

15 (3) BILLS QUALIFYING FOR TRADE AUTHORI16 TIES PROCEDURES.—(A) The provisions of section 

17 151 of the Trade Act of 1974 (in this Act referred 

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

19 of either House of Congress which contains provi20 sions described in subparagraph (B) to the same ex21 tent as such section 151 applies to implementing 

22 bills under that section. A bill to which this para23 graph applies shall hereafter in this Act be referred 

24 to as an ‘‘implementing bill’’. 


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1 (B) The provisions referred to in subparagraph 

2 (A) are— 

3 (i) a provision approving a trade agree4 ment entered into under this subsection and ap5 proving the statement of administrative action, 

6 if any, proposed to implement such trade agree7 ment; and 

8 (ii) if changes in existing laws or new stat9 utory authority are required to implement such 

10 trade agreement or agreements, only such pro11 visions as are strictly necessary or appropriate 

12 to implement such trade agreement or agree13 ments, either repealing or amending existing 

14 laws or providing new statutory authority. 

15 (c) EXTENSION DISAPPROVAL PROCESS FOR CON16 GRESSIONAL TRADE AUTHORITIES PROCEDURES.— 

17 (1) IN GENERAL.—Except as provided in sec18 tion 6(b)— 

19 (A) the trade authorities procedures apply 

20 to implementing bills submitted with respect to 

21 trade agreements entered into under subsection 

22 (b) before July 1, 2018; and 

23 (B) the trade authorities procedures shall 

24 be extended to implementing bills submitted 

25 with respect to trade agreements entered into 


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

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

3 (i) the President requests such exten4 sion under paragraph (2); and 

5 (ii) neither House of Congress adopts 

6 an extension disapproval resolution under 

7 paragraph (5) before July 1, 2018. 

8 (2) REPORT TO CONGRESS BY THE PRESI9 DENT.—If the President is of the opinion that the 

10 trade authorities procedures should be extended to 

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

12 the President shall submit to Congress, not later 

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

14 request for such extension, together with— 

15 (A) a description of all trade agreements 

16 that have been negotiated under subsection (b) 

17 and the anticipated schedule for submitting 

18 such agreements to Congress for approval; 

19 (B) a description of the progress that has 

20 been made in negotiations to achieve the pur21 poses, policies, priorities, and objectives of this 

22 Act, and a statement that such progress justi23 fies the continuation of negotiations; and 

24 (C) a statement of the reasons why the ex25 tension is needed to complete the negotiations. 


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1 (3) OTHER REPORTS TO CONGRESS.— 

2 (A) REPORT BY THE ADVISORY COM3 MITTEE.—The President shall promptly inform 

4 the Advisory Committee for Trade Policy and 

5 Negotiations established under section 135 of 

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

7 decision of the President to submit a report to 

8 Congress under paragraph (2). The Advisory 

9 Committee shall submit to Congress as soon as 

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

11 written report that contains— 

12 (i) its views regarding the progress 

13 that has been made in negotiations to 

14 achieve the purposes, policies, priorities, 

15 and objectives of this Act; and 

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

17 reasons therefor, regarding whether the ex18 tension requested under paragraph (2) 

19 should be approved or disapproved. 

20 (B) REPORT BY INTERNATIONAL TRADE

21 COMMISSION.—The President shall promptly in22 form the United States International Trade 

23 Commission of the decision of the President to 

24 submit a report to Congress under paragraph 

25 (2). The International Trade Commission shall 


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1 submit to Congress as soon as practicable, but 

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

3 that contains a review and analysis of the eco4 nomic impact on the United States of all trade 

5 agreements implemented between the date of 

6 the enactment of this Act and the date on 

7 which the President decides to seek an exten8 sion requested under paragraph (2). 

9 (4) STATUS OF REPORTS.—The reports sub10 mitted to Congress under paragraphs (2) and (3), or 

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

12 extent the President determines appropriate. 

13 (5) EXTENSION DISAPPROVAL RESOLUTIONS.— 

14 (A) For purposes of paragraph (1), the term ‘‘exten15 sion disapproval resolution’’ means a resolution of 

16 either House of Congress, the sole matter after the 

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

18 llll disapproves the request of the President 

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

20 Bipartisan Congressional Trade Priorities and Ac21 countability Act of 2015, of the trade authorities 

22 procedures under that Act to any implementing bill 

23 submitted with respect to any trade agreement en24 tered into under section 3(b) of that Act after June 


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1 30, 2018.’’, with the blank space being filled with 

2 the name of the resolving House of Congress. 

3 (B) Extension disapproval resolutions— 

4 (i) may be introduced in either House of 

5 Congress by any member of such House; and 

6 (ii) shall be referred, in the House of Rep7 resentatives, to the Committee on Ways and 

8 Means and, in addition, to the Committee on 

9 Rules. 

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

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

12 2192) (relating to the floor consideration of certain 

13 resolutions in the House and Senate) apply to exten14 sion disapproval resolutions. 

15 (D) It is not in order for— 

16 (i) the House of Representatives to con17 sider any extension disapproval resolution not 

18 reported by the Committee on Ways and Means 

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

20 (ii) the Senate to consider any extension 

21 disapproval resolution not reported by the Com22 mittee on Finance; or 

23 (iii) either House of Congress to consider 

24 an extension disapproval resolution after June 

25 30, 2018. 


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1 (d) COMMENCEMENT OF NEGOTIATIONS.—In order 

2 to contribute to the continued economic expansion of the 

3 United States, the President shall commence negotiations 

4 covering tariff and nontariff barriers affecting any indus5 try, product, or service sector, and expand existing sec6 toral agreements to countries that are not parties to those 

7 agreements, in cases where the President determines that 

8 such negotiations are feasible and timely and would ben9 efit the United States. Such sectors include agriculture, 

10 commercial services, intellectual property rights, industrial 

11 and capital goods, government procurement, information 

12 technology products, environmental technology and serv13 ices, medical equipment and services, civil aircraft, and in14 frastructure products. In so doing, the President shall 

15 take into account all of the negotiating objectives set forth 

16 in section 2. 

17 SEC. 4. CONGRESSIONAL OVERSIGHT, CONSULTATIONS, 

18 AND ACCESS TO INFORMATION. 

19 (a) CONSULTATIONS WITH MEMBERS OF CON20 GRESS.— 

21 (1) CONSULTATIONS DURING NEGOTIATIONS.— 

22 In the course of negotiations conducted under this 

23 Act, the United States Trade Representative shall— 

24 (A) meet upon request with any Member of 

25 Congress regarding negotiating objectives, the 


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1 status of negotiations in progress, and the na2 ture of any changes in the laws of the United 

3 States or the administration of those laws that 

4 may be recommended to Congress to carry out 

5 any trade agreement or any requirement of, 

6 amendment to, or recommendation under, that 

7 agreement; 

8 (B) upon request of any Member of Con9 gress, provide access to pertinent documents re10 lating to the negotiations, including classified 

11 materials; 

12 (C) consult closely and on a timely basis 

13 with, and keep fully apprised of the negotia14 tions, the Committee on Ways and Means of 

15 the House of Representatives and the Com16 mittee on Finance of the Senate; 

17 (D) consult closely and on a timely basis 

18 with, and keep fully apprised of the negotia19 tions, the House Advisory Group on Negotia20 tions and the Senate Advisory Group on Nego21 tiations convened under subsection (c) and all 

22 committees of the House of Representatives and 

23 the Senate with jurisdiction over laws that 

24 could be affected by a trade agreement result25 ing from the negotiations; and 


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1 (E) with regard to any negotiations and 

2 agreement relating to agricultural trade, also 

3 consult closely and on a timely basis (including 

4 immediately before initialing an agreement) 

5 with, and keep fully apprised of the negotia6 tions, the Committee on Agriculture of the 

7 House of Representatives and the Committee 

8 on Agriculture, Nutrition, and Forestry of the 

9 Senate. 

10 (2) CONSULTATIONS PRIOR TO ENTRY INTO

11 FORCE.—Prior to exchanging notes providing for the 

12 entry into force of a trade agreement, the United 

13 States Trade Representative shall consult closely 

14 and on a timely basis with Members of Congress and 

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

16 them fully apprised of the measures a trading part17 ner has taken to comply with those provisions of the 

18 agreement that are to take effect on the date that 

19 the agreement enters into force. 

20 (3) ENHANCED COORDINATION WITH CON21 GRESS.— 

22 (A) WRITTEN GUIDELINES.—The United 

23 States Trade Representative, in consultation 

24 with the chairmen and the ranking members of 

25 the Committee on Ways and Means of the 


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1 House of Representatives and the Committee 

2 on Finance of the Senate, respectively— 

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

4 the date of the enactment of this Act, de5 velop written guidelines on enhanced co6 ordination with Congress, including coordi7 nation with designated congressional advis8 ers under subsection (b), regarding nego9 tiations conducted under this Act; and 

10 (ii) may make such revisions to the 

11 guidelines as may be necessary from time 

12 to time. 

13 (B) CONTENT OF GUIDELINES.—The 

14 guidelines developed under subparagraph (A) 

15 shall enhance coordination with Congress 

16 through procedures to ensure— 

17 (i) timely briefings upon request of 

18 any Member of Congress regarding negoti19 ating objectives, the status of negotiations 

20 in progress conducted under this Act, and 

21 the nature of any changes in the laws of 

22 the United States or the administration of 

23 those laws that may be recommended to 

24 Congress to carry out any trade agreement 

25 or any requirement of, amendment to, or 


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1 recommendation under, that agreement; 

2 and 

3 (ii) the sharing of detailed and timely 

4 information with Members of Congress, 

5 and their staff with proper security clear6 ances as appropriate, regarding those ne7 gotiations and pertinent documents related 

8 to those negotiations (including classified 

9 information), and with committee staff 

10 with proper security clearances as would be 

11 appropriate in the light of the responsibil12 ities of that committee over the trade 

13 agreements programs affected by those ne14 gotiations. 

15 (C) DISSEMINATION.—The United States 

16 Trade Representative shall disseminate the 

17 guidelines developed under subparagraph (A) to 

18 all Federal agencies that could have jurisdiction 

19 over laws affected by trade negotiations. 

20 (b) DESIGNATED CONGRESSIONAL ADVISERS.— 

21 (1) DESIGNATION.— 

22 (A) HOUSE OF REPRESENTATIVES.—In 

23 each Congress, any Member of the House of 

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1 tions by the Speaker of the House of Rep2 resentatives, after consulting with the chairman 

3 and ranking member of the Committee on Ways 

4 and Means and the chairman and ranking 

5 member of the committee from which the Mem6 ber will be selected. 

7 (B) SENATE.—In each Congress, any 

8 Member of the Senate may be designated as a 

9 congressional adviser on trade policy and nego10 tiations by the President pro tempore of the 

11 Senate, after consultation with the chairman 

12 and ranking member of the Committee on Fi13 nance and the chairman and ranking member 

14 of the committee from which the Member will 

15 be selected. 

16 (2) CONSULTATIONS WITH DESIGNATED CON17 GRESSIONAL ADVISERS.—In the course of negotia18 tions conducted under this Act, the United States 

19 Trade Representative shall consult closely and on a 

20 timely basis (including immediately before initialing 

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

22 negotiations, the congressional advisers for trade 

23 policy and negotiations designated under paragraph 

24 (1). 


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1 (3) ACCREDITATION.—Each Member of Con2 gress designated as a congressional adviser under 

3 paragraph (1) shall be accredited by the United 

4 States Trade Representative on behalf of the Presi5 dent as an official adviser to the United States dele6 gations to international conferences, meetings, and 

7 negotiating sessions relating to trade agreements. 

8 (c) CONGRESSIONAL ADVISORY GROUPS ON NEGO9 TIATIONS.— 

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

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

12 later than 30 days after the convening of each Con13 gress, the chairman of the Committee on Ways and 

14 Means of the House of Representatives shall convene 

15 the House Advisory Group on Negotiations and the 

16 chairman of the Committee on Finance of the Sen17 ate shall convene the Senate Advisory Group on Ne18 gotiations (in this subsection referred to collectively 

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

20 (2) MEMBERS AND FUNCTIONS.— 

21 (A) MEMBERSHIP OF THE HOUSE ADVI22 SORY GROUP ON NEGOTIATIONS.—In each Con23 gress, the House Advisory Group on Negotia24 tions shall be comprised of the following Mem25 bers of the House of Representatives: 


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1 (i) The chairman and ranking mem2 ber of the Committee on Ways and Means, 

3 and 3 additional members of such Com4 mittee (not more than 2 of whom are 

5 members of the same political party). 

6 (ii) The chairman and ranking mem7 ber, or their designees, of the committees 

8 of the House of Representatives that would 

9 have, under the Rules of the House of 

10 Representatives, jurisdiction over provi11 sions of law affected by a trade agreement 

12 negotiation conducted at any time during 

13 that Congress and to which this Act would 

14 apply. 

15 (B) MEMBERSHIP OF THE SENATE ADVI16 SORY GROUP ON NEGOTIATIONS.—In each Con17 gress, the Senate Advisory Group on Negotia18 tions shall be comprised of the following Mem19 bers of the Senate: 

20 (i) The chairman and ranking mem21 ber of the Committee on Finance and 3 

22 additional members of such Committee 

23 (not more than 2 of whom are members of 

24 the same political party). 


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1 (ii) The chairman and ranking mem2 ber, or their designees, of the committees 

3 of the Senate that would have, under the 

4 Rules of the Senate, jurisdiction over pro5 visions of law affected by a trade agree6 ment negotiation conducted at any time 

7 during that Congress and to which this Act 

8 would apply. 

9 (C) ACCREDITATION.—Each member of 

10 the congressional advisory groups described in 

11 subparagraphs (A)(i) and (B)(i) shall be ac12 credited by the United States Trade Represent13 ative on behalf of the President as an official 

14 adviser to the United States delegation in nego15 tiations for any trade agreement to which this 

16 Act applies. Each member of the congressional 

17 advisory groups described in subparagraphs 

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

19 United States Trade Representative on behalf 

20 of the President as an official adviser to the 

21 United States delegation in the negotiations by 

22 reason of which the member is in one of the 

23 congressional advisory groups. 

24 (D) CONSULTATION AND ADVICE.—The 

25 congressional advisory groups shall consult with 


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1 and provide advice to the Trade Representative 

2 regarding the formulation of specific objectives, 

3 negotiating strategies and positions, the devel4 opment of the applicable trade agreement, and 

5 compliance and enforcement of the negotiated 

6 commitments under the trade agreement. 

7 (E) CHAIR.—The House Advisory Group 

8 on Negotiations shall be chaired by the Chair9 man of the Committee on Ways and Means of 

10 the House of Representatives and the Senate 

11 Advisory Group on Negotiations shall be 

12 chaired by the Chairman of the Committee on 

13 Finance of the Senate. 

14 (F) COORDINATION WITH OTHER COMMIT15 TEES.—Members of any committee represented 

16 on one of the congressional advisory groups 

17 may submit comments to the member of the ap18 propriate congressional advisory group from 

19 that committee regarding any matter related to 

20 a negotiation for any trade agreement to which 

21 this Act applies. 

22 (3) GUIDELINES.— 

23 (A) PURPOSE AND REVISION.—The United 

24 States Trade Representative, in consultation 

25 with the chairmen and the ranking members of 


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1 the Committee on Ways and Means of the 

2 House of Representatives and the Committee 

3 on Finance of the Senate, respectively— 

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

5 the date of the enactment of this Act, de6 velop written guidelines to facilitate the 

7 useful and timely exchange of information 

8 between the Trade Representative and the 

9 congressional advisory groups; and 

10 (ii) may make such revisions to the 

11 guidelines as may be necessary from time 

12 to time. 

13 (B) CONTENT.—The guidelines developed 

14 under subparagraph (A) shall provide for, 

15 among other things— 

16 (i) detailed briefings on a fixed time17 table to be specified in the guidelines of 

18 the congressional advisory groups regard19 ing negotiating objectives and positions 

20 and the status of the applicable negotia21 tions, beginning as soon as practicable 

22 after the congressional advisory groups are 

23 convened, with more frequent briefings as 

24 trade negotiations enter the final stage; 


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1 (ii) access by members of the congres2 sional advisory groups, and staff with 

3 proper security clearances, to pertinent 

4 documents relating to the negotiations, in5 cluding classified materials; 

6 (iii) the closest practicable coordina7 tion between the Trade Representative and 

8 the congressional advisory groups at all 

9 critical periods during the negotiations, in10 cluding at negotiation sites; 

11 (iv) after the applicable trade agree12 ment is concluded, consultation regarding 

13 ongoing compliance and enforcement of ne14 gotiated commitments under the trade 

15 agreement; and 

16 (v) the timeframe for submitting the 

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

18 (4) REQUEST FOR MEETING.—Upon the re19 quest of a majority of either of the congressional ad20 visory groups, the President shall meet with that 

21 congressional advisory group before initiating nego22 tiations with respect to a trade agreement, or at any 

23 other time concerning the negotiations. 

24 (d) CONSULTATIONS WITH THE PUBLIC.— 


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1 (1) GUIDELINES FOR PUBLIC ENGAGEMENT.— 

2 The United States Trade Representative, in con3 sultation with the chairmen and the ranking mem4 bers of the Committee on Ways and Means of the 

5 House of Representatives and the Committee on Fi6 nance of the Senate, respectively— 

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

8 date of the enactment of this Act, develop writ9 ten guidelines on public access to information 

10 regarding negotiations conducted under this 

11 Act; and 

12 (B) may make such revisions to the guide13 lines as may be necessary from time to time. 

14 (2) PURPOSES.—The guidelines developed 

15 under paragraph (1) shall— 

16 (A) facilitate transparency; 

17 (B) encourage public participation; and 

18 (C) promote collaboration in the negotia19 tion process. 

20 (3) CONTENT.—The guidelines developed under 

21 paragraph (1) shall include procedures that— 

22 (A) provide for rapid disclosure of informa23 tion in forms that the public can readily find 

24 and use; and 


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1 (B) provide frequent opportunities for pub2 lic input through Federal Register requests for 

3 comment and other means. 

4 (4) DISSEMINATION.—The United States Trade 

5 Representative shall disseminate the guidelines de6 veloped under paragraph (1) to all Federal agencies 

7 that could have jurisdiction over laws affected by 

8 trade negotiations. 

9 (e) CONSULTATIONS WITH ADVISORY COMMIT10 TEES.— 

11 (1) GUIDELINES FOR ENGAGEMENT WITH ADVI12 SORY COMMITTEES.—The United States Trade Rep13 resentative, in consultation with the chairmen and 

14 the ranking members of the Committee on Ways and 

15 Means of the House of Representatives and the 

16 Committee on Finance of the Senate, respectively— 

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

18 date of the enactment of this Act, develop writ19 ten guidelines on enhanced coordination with 

20 advisory committees established pursuant to 

21 section 135 of the Trade Act of 1974 (19 

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

23 under this Act; and 

24 (B) may make such revisions to the guide25 lines as may be necessary from time to time. 


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1 (2) CONTENT.—The guidelines developed under 

2 paragraph (1) shall enhance coordination with advi3 sory committees described in that paragraph 

4 through procedures to ensure— 

5 (A) timely briefings of advisory committees 

6 and regular opportunities for advisory commit7 tees to provide input throughout the negotiation 

8 process on matters relevant to the sectors or 

9 functional areas represented by those commit10 tees; and 

11 (B) the sharing of detailed and timely in12 formation with each member of an advisory 

13 committee regarding negotiations and pertinent 

14 documents related to the negotiation (including 

15 classified information) on matters relevant to 

16 the sectors or functional areas the member rep17 resents, and with a designee with proper secu18 rity clearances of each such member as appro19 priate. 

20 (3) DISSEMINATION.—The United States Trade 

21 Representative shall disseminate the guidelines de22 veloped under paragraph (1) to all Federal agencies 

23 that could have jurisdiction over laws affected by 

24 trade negotiations. 


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1 (f) ESTABLISHMENT OF POSITION OF CHIEF TRANS2 PARENCY OFFICER IN THE OFFICE OF THE UNITED

3 STATES TRADE REPRESENTATIVE.—Section 141(b) of the 

4 Trade Act of 1974 (19 U.S.C. 2171(b)) is amended— 

5 (1) by redesignating paragraph (3) as para6 graph (4); and 

7 (2) by inserting after paragraph (2) the fol8 lowing: 

9 ‘‘(3) There shall be in the Office one Chief Trans10 parency Officer. The Chief Transparency Officer shall 

11 consult with Congress on transparency policy, coordinate 

12 transparency in trade negotiations, engage and assist the 

13 public, and advise the United States Trade Representative 

14 on transparency policy.’’. 

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

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

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

19 any agreement that is subject to the provisions of 

20 section 3(b), shall— 

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

25 country and set forth in the notice the date on 


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

3 for the negotiations with that country, and 

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

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

8 Committee on Ways and Means of the House of 

9 Representatives and the Committee on Finance 

10 of the Senate, such other committees of the 

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

13 Negotiations and the Senate Advisory Group on 

14 Negotiations convened under section 4(c); 

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

16 members of either the House Advisory Group 

17 on Negotiations or the Senate Advisory Group 

18 on Negotiations convened under section 4(c), 

19 meet with the requesting congressional advisory 

20 group before initiating the negotiations or at 

21 any other time concerning the negotiations; and 

22 (D) after consulting with the Committee 

23 on Ways and Means and the Committee on Fi24 nance, and at least 30 calendar days before ini25 tiating negotiations with a country, publish on 


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1 a publicly available Internet website of the Of2 fice of the United States Trade Representative, 

3 and regularly update thereafter, a detailed and 

4 comprehensive summary of the specific objec5 tives with respect to the negotiations, and a de6 scription of how the agreement, if successfully 

7 concluded, will further those objectives and ben8 efit the United States. 

9 (2) NEGOTIATIONS REGARDING AGRI10 CULTURE.— 

11 (A) ASSESSMENT AND CONSULTATIONS

12 FOLLOWING ASSESSMENT.—Before initiating or 

13 continuing negotiations the subject matter of 

14 which is directly related to the subject matter 

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

16 President shall— 

17 (i) assess whether United States tar18 iffs on agricultural products that were 

19 bound under the Uruguay Round Agree20 ments are lower than the tariffs bound by 

21 that country; 

22 (ii) consider whether the tariff levels 

23 bound and applied throughout the world 

24 with respect to imports from the United 

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1 iffs and whether the negotiation provides 

2 an opportunity to address any such dis3 parity; and 

4 (iii) consult with the Committee on 

5 Ways and Means and the Committee on 

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

8 the Committee on Agriculture, Nutrition, 

9 and Forestry of the Senate concerning the 

10 results of the assessment, whether it is ap11 propriate for the United States to agree to 

12 further tariff reductions based on the con13 clusions reached in the assessment, and 

14 how all applicable negotiating objectives 

15 will be met. 

16 (B) SPECIAL CONSULTATIONS ON IMPORT

17 SENSITIVE PRODUCTS.—(i) Before initiating ne18 gotiations with regard to agriculture and, with 

19 respect to agreements described in paragraphs 

20 (2) and (3) of section 7(a), as soon as prac21 ticable after the date of the enactment of this 

22 Act, the United States Trade Representative 

23 shall— 

24 (I) identify those agricultural products 

25 subject to tariff rate quotas on the date of 


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1 enactment of this Act, and agricultural 

2 products subject to tariff reductions by the 

3 United States as a result of the Uruguay 

4 Round Agreements, for which the rate of 

5 duty was reduced on January 1, 1995, to 

6 a rate which was not less than 97.5 per7 cent of the rate of duty that applied to 

8 such article on December 31, 1994; 

9 (II) consult with the Committee on 

10 Ways and Means and the Committee on 

11 Agriculture of the House of Representa12 tives and the Committee on Finance and 

13 the Committee on Agriculture, Nutrition, 

14 and Forestry of the Senate concerning— 

15 (aa) whether any further tariff 

16 reductions on the products identified 

17 under subclause (I) should be appro18 priate, taking into account the impact 

19 of any such tariff reduction on the 

20 United States industry producing the 

21 product concerned; 

22 (bb) whether the products so 

23 identified face unjustified sanitary or 

24 phytosanitary restrictions, including 

25 those not based on scientific principles 


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1 in contravention of the Uruguay 

2 Round Agreements; and 

3 (cc) whether the countries par4 ticipating in the negotiations maintain 

5 export subsidies or other programs, 

6 policies, or practices that distort world 

7 trade in such products and the impact 

8 of such programs, policies, and prac9 tices on United States producers of 

10 the products; 

11 (III) request that the International 

12 Trade Commission prepare an assessment 

13 of the probable economic effects of any 

14 such tariff reduction on the United States 

15 industry producing the product concerned 

16 and on the United States economy as a 

17 whole; and 

18 (IV) upon complying with subclauses 

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

20 on Ways and Means and the Committee on 

21 Agriculture of the House of Representa22 tives and the Committee on Finance and 

23 the Committee on Agriculture, Nutrition, 

24 and Forestry of the Senate of those prod25 ucts identified under subclause (I) for 


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1 which the Trade Representative intends to 

2 seek tariff liberalization in the negotiations 

3 and the reasons for seeking such tariff lib4 eralization. 

5 (ii) If, after negotiations described in 

6 clause (i) are commenced— 

7 (I) the United States Trade Rep8 resentative identifies any additional agri9 cultural product described in clause (i)(I) 

10 for tariff reductions which were not the 

11 subject of a notification under clause 

12 (i)(IV), or 

13 (II) any additional agricultural prod14 uct described in clause (i)(I) is the subject 

15 of a request for tariff reductions by a 

16 party to the negotiations, 

17 the Trade Representative shall, as soon as prac18 ticable, notify the committees referred to in 

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

20 for seeking such tariff reductions. 

21 (3) NEGOTIATIONS REGARDING THE FISHING

22 INDUSTRY.—Before initiating, or continuing, nego23 tiations that directly relate to fish or shellfish trade 

24 with any country, the President shall consult with 

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1 mittee on Natural Resources of the House of Rep2 resentatives, and the Committee on Finance and the 

3 Committee on Commerce, Science, and Transpor4 tation of the Senate, and shall keep the Committees 

5 apprised of the negotiations on an ongoing and time6 ly basis. 

7 (4) NEGOTIATIONS REGARDING TEXTILES.—Be8 fore initiating or continuing negotiations the subject 

9 matter of which is directly related to textiles and ap10 parel products with any country, the President 

11 shall— 

12 (A) assess whether United States tariffs on 

13 textile and apparel products that were bound 

14 under the Uruguay Round Agreements are 

15 lower than the tariffs bound by that country 

16 and whether the negotiation provides an oppor17 tunity to address any such disparity; and 

18 (B) consult with the Committee on Ways 

19 and Means of the House of Representatives and 

20 the Committee on Finance of the Senate con21 cerning the results of the assessment, whether 

22 it is appropriate for the United States to agree 

23 to further tariff reductions based on the conclu24 sions reached in the assessment, and how all 

25 applicable negotiating objectives will be met. 


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1 (5) ADHERENCE TO EXISTING INTERNATIONAL

2 TRADE AND INVESTMENT AGREEMENT OBLIGA3 TIONS.—In determining whether to enter into nego4 tiations with a particular country, the President 

5 shall take into account the extent to which that 

6 country has implemented, or has accelerated the im7 plementation of, its international trade and invest8 ment commitments to the United States, including 

9 pursuant to the WTO Agreement. 

10 (b) CONSULTATION WITH CONGRESS BEFORE

11 ENTRY INTO AGREEMENT.— 

12 (1) CONSULTATION.—Before entering into any 

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

14 shall consult with— 

15 (A) the Committee on Ways and Means of 

16 the House of Representatives and the Com17 mittee on Finance of the Senate; 

18 (B) each other committee of the House 

19 and the Senate, and each joint committee of 

20 Congress, which has jurisdiction over legislation 

21 involving subject matters which would be af22 fected by the trade agreement; and 

23 (C) the House Advisory Group on Negotia24 tions and the Senate Advisory Group on Nego25 tiations convened under section 4(c). 


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1 (2) SCOPE.—The consultation described in 

2 paragraph (1) shall include consultation with respect 

3 to— 

4 (A) the nature of the agreement; 

5 (B) how and to what extent the agreement 

6 will achieve the applicable purposes, policies, 

7 priorities, and objectives of this Act; and 

8 (C) the implementation of the agreement 

9 under section 6, including the general effect of 

10 the agreement on existing laws. 

11 (3) REPORT REGARDING UNITED STATES

12 TRADE REMEDY LAWS.— 

13 (A) CHANGES IN CERTAIN TRADE LAWS.— 

14 The President, not less than 180 calendar days 

15 before the day on which the President enters 

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

17 report to the Committee on Ways and Means of 

18 the House of Representatives and the Com19 mittee on Finance of the Senate— 

20 (i) the range of proposals advanced in 

21 the negotiations with respect to that agree22 ment, that may be in the final agreement, 

23 and that could require amendments to title 

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

25 1671 et seq.) or to chapter 1 of title II of 


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

2 seq.); and 

3 (ii) how these proposals relate to the 

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

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

6 the transmission of the report under subpara7 graph (A), if a resolution is introduced with re8 spect to that report in either House of Con9 gress, the procedures set forth in clauses (iii) 

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

11 (I) no other resolution with respect to 

12 that report has previously been reported in 

13 that House of Congress by the Committee 

14 on Ways and Means or the Committee on 

15 Finance, as the case may be, pursuant to 

16 those procedures; and 

17 (II) no procedural disapproval resolu18 tion under section 6(b) introduced with re19 spect to a trade agreement entered into 

20 pursuant to the negotiations to which the 

21 report under subparagraph (A) relates has 

22 previously been reported in that House of 

23 Congress by the Committee on Ways and 

24 Means or the Committee on Finance, as 

25 the case may be. 


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1 (ii) For purposes of this subparagraph, the 

2 term ‘‘resolution’’ means only a resolution of ei3 ther House of Congress, the matter after the 

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

5 the llll finds that the proposed changes 

6 to United States trade remedy laws contained 

7 in the report of the President transmitted to 

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

9 the Bipartisan Congressional Trade Priorities 

10 and Accountability Act of 2015 with respect to 

11 llll, are inconsistent with the negotiating 

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

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

14 with the name of the resolving House of Con15 gress, the second blank space being filled with 

16 the appropriate date of the report, and the 

17 third blank space being filled with the name of 

18 the country or countries involved. 

19 (iii) Resolutions in the House of Rep20 resentatives— 

21 (I) may be introduced by any Member 

22 of the House; 

23 (II) shall be referred to the Com24 mittee on Ways and Means and, in addi25 tion, to the Committee on Rules; and 


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1 (III) may not be amended by either 

2 Committee. 

3 (iv) Resolutions in the Senate— 

4 (I) may be introduced by any Member 

5 of the Senate; 

6 (II) shall be referred to the Com7 mittee on Finance; and 

8 (III) may not be amended. 

9 (v) It is not in order for the House of Rep10 resentatives to consider any resolution that is 

11 not reported by the Committee on Ways and 

12 Means and, in addition, by the Committee on 

13 Rules. 

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

15 consider any resolution that is not reported by 

16 the Committee on Finance. 

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

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

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

20 certain resolutions in the House and Senate) 

21 shall apply to resolutions. 

22 (4) ADVISORY COMMITTEE REPORTS.—The re23 port required under section 135(e)(1) of the Trade 

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

25 trade agreement entered into under subsection (a) or 


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

2 Congress, and the United States Trade Representa3 tive not later than 30 days after the date on which 

4 the President notifies Congress under section 

5 3(a)(2) or 6(a)(1)(A) of the intention of the Presi6 dent to enter into the agreement. 

7 (c) INTERNATIONAL TRADE COMMISSION ASSESS8 MENT.— 

9 (1) SUBMISSION OF INFORMATION TO COMMIS10 SION.—The President, not later than 90 calendar 

11 days before the day on which the President enters 

12 into a trade agreement under section 3(b), shall pro13 vide the International Trade Commission (referred 

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

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

16 request the Commission to prepare and submit an 

17 assessment of the agreement as described in para18 graph (2). Between the time the President makes 

19 the request under this paragraph and the time the 

20 Commission submits the assessment, the President 

21 shall keep the Commission current with respect to 

22 the details of the agreement. 

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

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1 mit to the President and Congress a report assessing 

2 the likely impact of the agreement on the United 

3 States economy as a whole and on specific industry 

4 sectors, including the impact the agreement will have 

5 on the gross domestic product, exports and imports, 

6 aggregate employment and employment opportuni7 ties, the production, employment, and competitive 

8 position of industries likely to be significantly af9 fected by the agreement, and the interests of United 

10 States consumers. 

11 (3) REVIEW OF EMPIRICAL LITERATURE.—In 

12 preparing the assessment under paragraph (2), the 

13 Commission shall review available economic assess14 ments regarding the agreement, including literature 

15 regarding any substantially equivalent proposed 

16 agreement, and shall provide in its assessment a de17 scription of the analyses used and conclusions drawn 

18 in such literature, and a discussion of areas of con19 sensus and divergence between the various analyses 

20 and conclusions, including those of the Commission 

21 regarding the agreement. 

22 (4) PUBLIC AVAILABILITY.—The President 

23 shall make each assessment under paragraph (2) 

24 available to the public. 


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1 (d) REPORTS SUBMITTED TO COMMITTEES WITH

2 AGREEMENT.— 

3 (1) ENVIRONMENTAL REVIEWS AND RE4 PORTS.—The President shall— 

5 (A) conduct environmental reviews of fu6 ture trade and investment agreements, con7 sistent with Executive Order 13141 (64 Fed. 

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

9 relevant guidelines; and 

10 (B) submit a report on those reviews and 

11 on the content and operation of consultative 

12 mechanisms established pursuant to section 

13 2(c) to the Committee on Ways and Means of 

14 the House of Representatives and the Com15 mittee on Finance of the Senate at the time the 

16 President submits to Congress a copy of the 

17 final legal text of an agreement pursuant to 

18 section 6(a)(1)(E). 

19 (2) EMPLOYMENT IMPACT REVIEWS AND RE20 PORTS.—The President shall— 

21 (A) review the impact of future trade 

22 agreements on United States employment, in23 cluding labor markets, modeled after Executive 

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1 tent appropriate in establishing procedures and 

2 criteria; and 

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

4 Committee on Ways and Means of the House of 

5 Representatives and the Committee on Finance 

6 of the Senate at the time the President submits 

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

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

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

10 shall submit to the Committee on Ways and Means 

11 of the House of Representatives and the Committee 

12 on Finance of the Senate, on a timeframe deter13 mined in accordance with section 4(c)(3)(B)(v)— 

14 (A) a meaningful labor rights report of the 

15 country, or countries, with respect to which the 

16 President is negotiating; and 

17 (B) a description of any provisions that 

18 would require changes to the labor laws and 

19 labor practices of the United States. 

20 (4) PUBLIC AVAILABILITY.—The President 

21 shall make all reports required under this subsection 

22 available to the public. 

23 (e) IMPLEMENTATION AND ENFORCEMENT PLAN.— 

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

25 submits to Congress a copy of the final legal text of 


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1 an agreement pursuant to section 6(a)(1)(E), the 

2 President shall also submit to Congress a plan for 

3 implementing and enforcing the agreement. 

4 (2) ELEMENTS.—The implementation and en5 forcement plan required by paragraph (1) shall in6 clude the following: 

7 (A) BORDER PERSONNEL REQUIRE8 MENTS.—A description of additional personnel 

9 required at border entry points, including a list 

10 of additional customs and agricultural inspec11 tors. 

12 (B) AGENCY STAFFING REQUIREMENTS.— 

13 A description of additional personnel required 

14 by Federal agencies responsible for monitoring 

15 and implementing the trade agreement, includ16 ing personnel required by the Office of the 

17 United States Trade Representative, the De18 partment of Commerce, the Department of Ag19 riculture (including additional personnel re20 quired to implement sanitary and phytosanitary 

21 measures in order to obtain market access for 

22 United States exports), the Department of 

23 Homeland Security, the Department of the 

24 Treasury, and such other agencies as may be 

25 necessary. 


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1 (C) CUSTOMS INFRASTRUCTURE REQUIRE2 MENTS.—A description of the additional equip3 ment and facilities needed by U.S. Customs and 

4 Border Protection. 

5 (D) IMPACT ON STATE AND LOCAL GOV6 ERNMENTS.—A description of the impact the 

7 trade agreement will have on State and local 

8 governments as a result of increases in trade. 

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

10 costs associated with each of the items listed in 

11 subparagraphs (A) through (D). 

12 (3) BUDGET SUBMISSION.—The President shall 

13 include a request for the resources necessary to sup14 port the plan required by paragraph (1) in the first 

15 budget of the President submitted to Congress 

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

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

18 (4) PUBLIC AVAILABILITY.—The President 

19 shall make the plan required under this subsection 

20 available to the public. 

21 (f) OTHER REPORTS.— 

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

23 one year after the imposition by the United States 

24 of a penalty or remedy permitted by a trade agree25 ment to which this Act applies, the President shall 


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1 submit to the Committee on Ways and Means of the 

2 House of Representatives and the Committee on Fi3 nance of the Senate a report on the effectiveness of 

4 the penalty or remedy applied under United States 

5 law in enforcing United States rights under the 

6 trade agreement, which shall address whether the 

7 penalty or remedy was effective in changing the be8 havior of the targeted party and whether the penalty 

9 or remedy had any adverse impact on parties or in10 terests not party to the dispute. 

11 (2) REPORT ON IMPACT OF TRADE PROMOTION

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

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

14 years thereafter, the United States International 

15 Trade Commission shall submit to the Committee on 

16 Ways and Means of the House of Representatives 

17 and the Committee on Finance of the Senate a re18 port on the economic impact on the United States 

19 of all trade agreements with respect to which Con20 gress has enacted an implementing bill under trade 

21 authorities procedures since January 1, 1984. 

22 (3) ENFORCEMENT CONSULTATIONS AND RE23 PORTS.—(A) The United States Trade Representa24 tive shall consult with the Committee on Ways and 

25 Means of the House of Representatives and the 


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1 Committee on Finance of the Senate after accept2 ance of a petition for review or taking an enforce3 ment action in regard to an obligation under a trade 

4 agreement, including a labor or environmental obli5 gation. During such consultations, the United States 

6 Trade Representative shall describe the matter, in7 cluding the basis for such action and the application 

8 of any relevant legal obligations. 

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

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

11 2213), the President shall report annually to Con12 gress on enforcement actions taken pursuant to a 

13 trade agreement to which the United States is a 

14 party, as well as on any public reports issued by 

15 Federal agencies on enforcement matters relating to 

16 a trade agreement. 

17 (g) ADDITIONAL COORDINATION WITH MEMBERS.— 

18 Any Member of the House of Representatives may submit 

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

20 Representatives and any Member of the Senate may sub21 mit to the Committee on Finance of the Senate the views 

22 of that Member on any matter relevant to a proposed 

23 trade agreement, and the relevant Committee shall receive 

24 those views for consideration. 


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1 SEC. 6. IMPLEMENTATION OF TRADE AGREEMENTS. 

2 (a) IN GENERAL.— 

3 (1) NOTIFICATION AND SUBMISSION.—Any 

4 agreement entered into under section 3(b) shall 

5 enter into force with respect to the United States if 

6 (and only if)— 

7 (A) the President, at least 90 calendar 

8 days before the day on which the President en9 ters into the trade agreement, notifies the 

10 House of Representatives and the Senate of the 

11 President’s intention to enter into the agree12 ment, and promptly thereafter publishes notice 

13 of such intention in the Federal Register; 

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

15 the day on which the President enters into the 

16 agreement, publishes the text of the agreement 

17 on a publicly available Internet website of the 

18 Office of the United States Trade Representa19 tive; 

20 (C) within 60 days after entering into the 

21 agreement, the President submits to Congress a 

22 description of those changes to existing laws 

23 that the President considers would be required 

24 in order to bring the United States into compli25 ance with the agreement; 


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

2 submitting to Congress the materials under 

3 subparagraph (E), submits to Congress— 

4 (i) a draft statement of any adminis5 trative action proposed to implement the 

6 agreement; and 

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

8 agreement; 

9 (E) after entering into the agreement, the 

10 President submits to Congress, on a day on 

11 which both Houses of Congress are in session, 

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

13 together with— 

14 (i) a draft of an implementing bill de15 scribed in section 3(b)(3); 

16 (ii) a statement of any administrative 

17 action proposed to implement the trade 

18 agreement; and 

19 (iii) the supporting information de20 scribed in paragraph (2)(A); 

21 (F) the implementing bill is enacted into 

22 law; and 

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

24 before the date on which the agreement enters 

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1 ment, submits written notice to Congress that 

2 the President has determined that the party 

3 has taken measures necessary to comply with 

4 those provisions of the agreement that are to 

5 take effect on the date on which the agreement 

6 enters into force. 

7 (2) SUPPORTING INFORMATION.— 

8 (A) IN GENERAL.—The supporting infor9 mation required under paragraph (1)(E)(iii) 

10 consists of— 

11 (i) an explanation as to how the im12 plementing bill and proposed administra13 tive action will change or affect existing 

14 law; and 

15 (ii) a statement— 

16 (I) asserting that the agreement 

17 makes progress in achieving the appli18 cable purposes, policies, priorities, and 

19 objectives of this Act; and 

20 (II) setting forth the reasons of 

21 the President regarding— 

22 (aa) how and to what extent 

23 the agreement makes progress in 

24 achieving the applicable purposes, 


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1 policies, and objectives referred 

2 to in subclause (I); 

3 (bb) whether and how the 

4 agreement changes provisions of 

5 an agreement previously nego6 tiated; 

7 (cc) how the agreement 

8 serves the interests of United 

9 States commerce; and 

10 (dd) how the implementing 

11 bill meets the standards set forth 

12 in section 3(b)(3). 

13 (B) PUBLIC AVAILABILITY.—The Presi14 dent shall make the supporting information de15 scribed in subparagraph (A) available to the 

16 public. 

17 (3) RECIPROCAL BENEFITS.—In order to en18 sure that a foreign country that is not a party to a 

19 trade agreement entered into under section 3(b) 

20 does not receive benefits under the agreement unless 

21 the country is also subject to the obligations under 

22 the agreement, the implementing bill submitted with 

23 respect to the agreement shall provide that the bene24 fits and obligations under the agreement apply only 

25 to the parties to the agreement, if such application 


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1 is consistent with the terms of the agreement. The 

2 implementing bill may also provide that the benefits 

3 and obligations under the agreement do not apply 

4 uniformly to all parties to the agreement, if such ap5 plication is consistent with the terms of the agree6 ment. 

7 (4) DISCLOSURE OF COMMITMENTS.—Any 

8 agreement or other understanding with a foreign 

9 government or governments (whether oral or in writ10 ing) that— 

11 (A) relates to a trade agreement with re12 spect to which Congress enacts an imple13 menting bill under trade authorities procedures; 

14 and 

15 (B) is not disclosed to Congress before an 

16 implementing bill with respect to that agree17 ment is introduced in either House of Congress, 

18 shall not be considered to be part of the agreement 

19 approved by Congress and shall have no force and 

20 effect under United States law or in any dispute set21 tlement body. 

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

24 (1) FOR LACK OF NOTICE OR CONSULTA25 TIONS.— 


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1 (A) IN GENERAL.—The trade authorities 

2 procedures shall not apply to any implementing 

3 bill submitted with respect to a trade agreement 

4 or trade agreements entered into under section 

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

6 the date that one House of Congress agrees to 

7 a procedural disapproval resolution for lack of 

8 notice or consultations with respect to such 

9 trade agreement or agreements, the other 

10 House separately agrees to a procedural dis11 approval resolution with respect to such trade 

12 agreement or agreements. 

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

15 term ‘‘procedural disapproval resolution’’ means 

16 a resolution of either House of Congress, the 

17 sole matter after the resolving clause of which 

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

19 refused to notify or consult in accordance with 

20 the Bipartisan Congressional Trade Priorities 

21 and Accountability Act of 2015 on negotiations 

22 with respect to llllllll and, there23 fore, the trade authorities procedures under 

24 that Act shall not apply to any implementing 

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1 ment or agreements.’’, with the blank space 

2 being filled with a description of the trade 

3 agreement or agreements with respect to which 

4 the President is considered to have failed or re5 fused to notify or consult. 

6 (ii) For purposes of clause (i) and para7 graphs (3)(C) and (4)(C), the President has 

8 ‘‘failed or refused to notify or consult in accord9 ance with the Bipartisan Congressional Trade 

10 Priorities and Accountability Act of 2015’’ on 

11 negotiations with respect to a trade agreement 

12 or trade agreements if— 

13 (I) the President has failed or refused 

14 to consult (as the case may be) in accord15 ance with sections 4 and 5 and this section 

16 with respect to the negotiations, agree17 ment, or agreements; 

18 (II) guidelines under section 4 have 

19 not been developed or met with respect to 

20 the negotiations, agreement, or agree21 ments; 

22 (III) the President has not met with 

23 the House Advisory Group on Negotiations 

24 or the Senate Advisory Group on Negotia25 tions pursuant to a request made under 


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1 section 4(c)(4) with respect to the negotia2 tions, agreement, or agreements; or 

3 (IV) the agreement or agreements fail 

4 to make progress in achieving the pur5 poses, policies, priorities, and objectives of 

6 this Act. 

7 (2) PROCEDURES FOR CONSIDERING RESOLU8 TIONS.—(A) Procedural disapproval resolutions— 

9 (i) in the House of Representatives— 

10 (I) may be introduced by any Member 

11 of the House; 

12 (II) shall be referred to the Com13 mittee on Ways and Means and, in addi14 tion, to the Committee on Rules; and 

15 (III) may not be amended by either 

16 Committee; and 

17 (ii) in the Senate— 

18 (I) may be introduced by any Member 

19 of the Senate; 

20 (II) shall be referred to the Com21 mittee on Finance; and 

22 (III) may not be amended. 

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

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

25 2192) (relating to the floor consideration of certain 


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1 resolutions in the House and Senate) apply to a pro2 cedural disapproval resolution introduced with re3 spect to a trade agreement if no other procedural 

4 disapproval resolution with respect to that trade 

5 agreement has previously been reported in that 

6 House of Congress by the Committee on Ways and 

7 Means or the Committee on Finance, as the case 

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

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

10 agreement has been reported in that House of Con11 gress by the Committee on Ways and Means or the 

12 Committee on Finance, as the case may be, pursu13 ant to the procedures set forth in clauses (iii) 

14 through (vii) of such section. 

15 (C) It is not in order for the House of Rep16 resentatives to consider any procedural disapproval 

17 resolution not reported by the Committee on Ways 

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

19 Rules. 

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

21 any procedural disapproval resolution not reported 

22 by the Committee on Finance. 

23 (3) CONSIDERATION IN SENATE OF CONSULTA24 TION AND COMPLIANCE RESOLUTION TO REMOVE

25 TRADE AUTHORITIES PROCEDURES.— 


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1 (A) REPORTING OF RESOLUTION.—If, 

2 when the Committee on Finance of the Senate 

3 meets on whether to report an implementing 

4 bill with respect to a trade agreement or agree5 ments entered into under section 3(b), the com6 mittee fails to favorably report the bill, the 

7 committee shall report a resolution described in 

8 subparagraph (C). 

9 (B) APPLICABILITY OF TRADE AUTHORI10 TIES PROCEDURES.—The trade authorities pro11 cedures shall not apply in the Senate to any im12 plementing bill submitted with respect to a 

13 trade agreement or agreements described in 

14 subparagraph (A) if the Committee on Finance 

15 reports a resolution described in subparagraph 

16 (C) and such resolution is agreed to by the Sen17 ate. 

18 (C) RESOLUTION DESCRIBED.—A resolu19 tion described in this subparagraph is a resolu20 tion of the Senate originating from the Com21 mittee on Finance the sole matter after the re22 solving clause of which is as follows: ‘‘That the 

23 President has failed or refused to notify or con24 sult in accordance with the Bipartisan Congres25 sional Trade Priorities and Accountability Act 


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1 of 2015 on negotiations with respect to 

2 lllll and, therefore, the trade authori3 ties procedures under that Act shall not apply 

4 in the Senate to any implementing bill sub5 mitted with respect to such trade agreement or 

6 agreements.’’, with the blank space being filled 

7 with a description of the trade agreement or 

8 agreements described in subparagraph (A). 

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

10 agree to a motion to invoke cloture on the mo11 tion to proceed to a resolution described in sub12 paragraph (C), the resolution shall be com13 mitted to the Committee on Finance. 

14 (4) CONSIDERATION IN THE HOUSE OF REP15 RESENTATIVES OF A CONSULTATION AND COMPLI16 ANCE RESOLUTION.— 

17 (A) QUALIFICATIONS FOR REPORTING RES18 OLUTION.—If— 

19 (i) the Committee on Ways and 

20 Means of the House of Representatives re21 ports an implementing bill with respect to 

22 a trade agreement or agreements entered 

23 into under section 3(b) with other than a 

24 favorable recommendation; and 


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1 (ii) a Member of the House of Rep2 resentatives has introduced a consultation 

3 and compliance resolution on the legislative 

4 day following the filing of a report to ac5 company the implementing bill with other 

6 than a favorable recommendation, 

7 then the Committee on Ways and Means shall 

8 consider a consultation and compliance resolu9 tion pursuant to subparagraph (B). 

10 (B) COMMITTEE CONSIDERATION OF A

11 QUALIFYING RESOLUTION.—(i) Not later than 

12 the fourth legislative day after the date of intro13 duction of the resolution, the Committee on 

14 Ways and Means shall meet to consider a reso15 lution meeting the qualifications set forth in 

16 subparagraph (A). 

17 (ii) After consideration of one such resolu18 tion by the Committee on Ways and Means, 

19 this subparagraph shall not apply to any other 

20 such resolution. 

21 (iii) If the Committee on Ways and Means 

22 has not reported the resolution by the sixth leg23 islative day after the date of its introduction, 

24 that committee shall be discharged from further 

25 consideration of the resolution. 


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1 (C) CONSULTATION AND COMPLIANCE RES2 OLUTION DESCRIBED.—A consultation and 

3 compliance resolution— 

4 (i) is a resolution of the House of 

5 Representatives, the sole matter after the 

6 resolving clause of which is as follows: 

7 ‘‘That the President has failed or refused 

8 to notify or consult in accordance with the 

9 Bipartisan Congressional Trade Priorities 

10 and Accountability Act of 2015 on negotia11 tions with respect to lllll and, 

12 therefore, the trade authorities procedures 

13 under that Act shall not apply in the 

14 House of Representatives to any imple15 menting bill submitted with respect to such 

16 trade agreement or agreements.’’, with the 

17 blank space being filled with a description 

18 of the trade agreement or agreements de19 scribed in subparagraph (A); and 

20 (ii) shall be referred to the Committee 

21 on Ways and Means. 

22 (D) APPLICABILITY OF TRADE AUTHORI23 TIES PROCEDURES.—The trade authorities pro24 cedures shall not apply in the House of Rep25 resentatives to any implementing bill submitted 


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1 with respect to a trade agreement or agree2 ments which are the object of a consultation 

3 and compliance resolution if such resolution is 

4 adopted by the House. 

5 (5) FOR FAILURE TO MEET OTHER REQUIRE6 MENTS.—Not later than December 15, 2015, the 

7 Secretary of Commerce, in consultation with the 

8 Secretary of State, the Secretary of the Treasury, 

9 the Attorney General, and the United States Trade 

10 Representative, shall transmit to Congress a report 

11 setting forth the strategy of the executive branch to 

12 address concerns of Congress regarding whether dis13 pute settlement panels and the Appellate Body of 

14 the World Trade Organization have added to obliga15 tions, or diminished rights, of the United States, as 

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

17 procedures shall not apply to any implementing bill 

18 with respect to an agreement negotiated under the 

19 auspices of the World Trade Organization unless the 

20 Secretary of Commerce has issued such report by 

21 the deadline specified in this paragraph. 

22 (6) LIMITATIONS ON PROCEDURES WITH RE23 SPECT TO AGREEMENTS WITH COUNTRIES NOT IN

24 COMPLIANCE WITH TRAFFICKING VICTIMS PROTECTION

25 ACT OF 2000.— 


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1 (A) IN GENERAL.—The trade authorities 

2 procedures shall not apply to any implementing 

3 bill submitted with respect to a trade agreement 

4 or trade agreements entered into under section 

5 3(b) with a country to which the minimum 

6 standards for the elimination of trafficking are 

7 applicable and the government of which does not 

8 fully comply with such standards and is not 

9 making significant efforts to bring the country 

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

11 3’’ country), as determined in the most recent 

12 annual report on trafficking in persons sub13 mitted under section 110(b)(1) of the Trafficking 

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

15 7107(b)(1)). 

16 (B) MINIMUM STANDARDS FOR THE ELIMI17 NATION OF TRAFFICKING DEFINED.—In this 

18 paragraph, the term ‘‘minimum standards for 

19 the elimination of trafficking’’ means the stand20 ards set forth in section 108 of the Trafficking 

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

22 (c) RULES OF HOUSE OF REPRESENTATIVES AND

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

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


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

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

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

6 they are inconsistent with such other rules; and 

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

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

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

12 SEC. 7. TREATMENT OF CERTAIN TRADE AGREEMENTS FOR 

13 WHICH NEGOTIATIONS HAVE ALREADY 

14 BEGUN. 

15 (a) CERTAIN AGREEMENTS.—Notwithstanding the 

16 prenegotiation notification and consultation requirement 

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

18 3(b) applies— 

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

20 World Trade Organization, 

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

23 have been made in a manner consistent with section 

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

25 Act, 


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

2 (4) is an agreement with respect to inter3 national trade in services entered into with WTO 

4 members with respect to which a notification has 

5 been made in a manner consistent with section 

6 5(a)(1)(A) as of the date of the enactment of this 

7 Act, or 

8 (5) is an agreement with respect to environ9 mental goods entered into with WTO members with 

10 respect to which a notification has been made in a 

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

12 date of the enactment of this Act, 

13 and results from negotiations that were commenced before 

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

15 apply. 

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

17 any agreement to which subsection (a) applies, the appli18 cability of the trade authorities procedures to imple19 menting bills shall be determined without regard to the 

20 requirements of section 5(a) (relating only to notice prior 

21 to initiating negotiations), and any resolution under para22 graph (1)(B), (3)(C), or (4)(C) of section 6(b) shall not 

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

24 with the provisions of section 5(a), if (and only if) the 


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1 President, as soon as feasible after the date of the enact2 ment of this Act— 

3 (1) notifies Congress of the negotiations de4 scribed in subsection (a), the specific United States 

5 objectives in the negotiations, and whether the Presi6 dent is seeking a new agreement or changes to an 

7 existing agreement; and 

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

9 consults regarding the negotiations with the commit10 tees referred to in section 5(a)(1)(B) and the House 

11 and Senate Advisory Groups on Negotiations con12 vened under section 4(c). 

13 SEC. 8. SOVEREIGNTY. 

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

15 CONFLICT.—No provision of any trade agreement entered 

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

17 provision to any person or circumstance, that is incon18 sistent with any law of the United States, any State of 

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

20 shall have effect. 

21 (b) AMENDMENTS OR MODIFICATIONS OF UNITED

22 STATES LAW.—No provision of any trade agreement en23 tered into under section 3(b) shall prevent the United 

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

25 the United States from amending or modifying any law 


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

2 case may be). 

3 (c) DISPUTE SETTLEMENT REPORTS.—Reports, in4 cluding findings and recommendations, issued by dispute 

5 settlement panels convened pursuant to any trade agree6 ment entered into under section 3(b) shall have no binding 

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

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

9 State or locality of the United States. 

10 SEC. 9. INTERESTS OF SMALL BUSINESSES. 

11 (a) SENSE OF CONGRESS.—It is the sense of Con12 gress that— 

13 (1) the United States Trade Representative 

14 should facilitate participation by small businesses in 

15 the trade negotiation process; and 

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

17 States Trade Representative relating to small busi18 nesses should continue to be reflected in the title of 

19 the Assistant United States Trade Representative 

20 assigned the responsibility for small businesses. 

21 (b) CONSIDERATION OF SMALL BUSINESS INTER22 ESTS.—The Assistant United States Trade Representative 

23 for Small Business, Market Access, and Industrial Com24 petitiveness shall be responsible for ensuring that the in25 terests of small businesses are considered in all trade neVerDate Sep 11 2014 22:27 May 11, 2015 Jkt 049200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S995.RS S995

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1 gotiations in accordance with the objective described in 

2 section 2(a)(8). 

3 SEC. 10. CONFORMING AMENDMENTS; APPLICATION OF 

4 CERTAIN PROVISIONS. 

5 (a) CONFORMING AMENDMENTS.— 

6 (1) ADVICE FROM UNITED STATES INTER7 NATIONAL TRADE COMMISSION.—Section 131 of the 

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

9 (A) in subsection (a)— 

10 (i) in paragraph (1), by striking ‘‘sec11 tion 2103(a) or (b) of the Bipartisan 

12 Trade Promotion Authority Act of 2002’’ 

13 and inserting ‘‘subsection (a) or (b) of sec14 tion 3 of the Bipartisan Congressional 

15 Trade Priorities and Accountability Act of 

16 2015’’; and 

17 (ii) in paragraph (2), by striking ‘‘sec18 tion 2103(b) of the Bipartisan Trade Pro19 motion Authority Act of 2002’’ and insert20 ing ‘‘section 3(b) of the Bipartisan Con21 gressional Trade Priorities and Account22 ability Act of 2015’’; 

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

24 2103(a)(3)(A) of the Bipartisan Trade Pro25 motion Authority Act of 2002’’ and inserting 


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1 ‘‘section 3(a)(4)(A) of the Bipartisan Congres2 sional Trade Priorities and Accountability Act 

3 of 2015’’; and 

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

5 2103 of the Bipartisan Trade Promotion Au6 thority Act of 2002’’ and inserting ‘‘section 

7 3(a) of the Bipartisan Congressional Trade Pri8 orities and Accountability Act of 2015’’. 

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

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

11 ‘‘section 2103 of the Bipartisan Trade Promotion 

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

13 the Bipartisan Congressional Trade Priorities and 

14 Accountability Act of 2015’’. 

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

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

17 by striking ‘‘section 2103 of the Bipartisan Trade 

18 Promotion Authority Act of 2002’’ and inserting 

19 ‘‘section 3 of the Bipartisan Congressional Trade 

20 Priorities and Accountability Act of 2015’’. 

21 (4) PREREQUISITES FOR OFFERS.—Section 134 

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

23 amended by striking ‘‘section 2103 of the Bipartisan 

24 Trade Promotion Authority Act of 2002’’ each place 

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


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1 Congressional Trade Priorities and Accountability 

2 Act of 2015’’. 

3 (5) INFORMATION AND ADVICE FROM PRIVATE

4 AND PUBLIC SECTORS.—Section 135 of the Trade 

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

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

7 ‘‘section 2103 of the Bipartisan Trade Pro8 motion Authority Act of 2002’’ and inserting 

9 ‘‘section 3 of the Bipartisan Congressional 

10 Trade Priorities and Accountability Act of 

11 2015’’; and 

12 (B) in subsection (e)— 

13 (i) in paragraph (1)— 

14 (I) by striking ‘‘section 2103 of 

15 the Bipartisan Trade Promotion Au16 thority Act of 2002’’ each place it ap17 pears and inserting ‘‘section 3 of the 

18 Bipartisan Congressional Trade Prior19 ities and Accountability Act of 2015’’; 

20 and 

21 (II) by striking ‘‘not later than 

22 the date on which the President noti23 fies the Congress under section 

24 2105(a)(1)(A) of the Bipartisan 

25 Trade Promotion Authority Act of 


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1 2002’’ and inserting ‘‘not later than 

2 the date that is 30 days after the date 

3 on which the President notifies Con4 gress under section 6(a)(1)(A) of the 

5 Bipartisan Congressional Trade Prior6 ities and Accountability Act of 2015’’; 

7 and 

8 (ii) in paragraph (2), by striking ‘‘sec9 tion 2102 of the Bipartisan Trade Pro10 motion Authority Act of 2002’’ and insert11 ing ‘‘section 2 of the Bipartisan Congres12 sional Trade Priorities and Accountability 

13 Act of 2015’’. 

14 (6) PROCEDURES RELATING TO IMPLEMENTING

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

16 U.S.C. 2191) is amended— 

17 (A) in subsection (b)(1), in the matter pre18 ceding subparagraph (A), by striking ‘‘section 

19 2105(a)(1) of the Bipartisan Trade Promotion 

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

21 6(a)(1) of the Bipartisan Congressional Trade 

22 Priorities and Accountability Act of 2015’’; and 

23 (B) in subsection (c)(1), by striking ‘‘sec24 tion 2105(a)(1) of the Bipartisan Trade Pro25 motion Authority Act of 2002’’ and inserting 


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1 ‘‘section 6(a)(1) of the Bipartisan Congres2 sional Trade Priorities and Accountability Act 

3 of 2015’’. 

4 (7) TRANSMISSION OF AGREEMENTS TO CON5 GRESS.—Section 162(a) of the Trade Act of 1974 

6 (19 U.S.C. 2212(a)) is amended by striking ‘‘section 

7 2103 of the Bipartisan Trade Promotion Authority 

8 Act of 2002’’ and inserting ‘‘section 3 of the Bipar9 tisan Congressional Trade Priorities and Account10 ability Act of 2015’’. 

11 (b) APPLICATION OF CERTAIN PROVISIONS.—For 

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

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

14 (1) any trade agreement entered into under sec15 tion 3 shall be treated as an agreement entered into 

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

17 (19 U.S.C. 2111 or 2112), as appropriate; and 

18 (2) any proclamation or Executive order issued 

19 pursuant to a trade agreement entered into under 

20 section 3 shall be treated as a proclamation or Exec21 utive order issued pursuant to a trade agreement en22 tered into under section 102 of the Trade Act of 

23 1974 (19 U.S.C. 2112). 

24 SEC. 11. DEFINITIONS. 

25 In this Act: 


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1 (1) AGREEMENT ON AGRICULTURE.—The term 

2 ‘‘Agreement on Agriculture’’ means the agreement 

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

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

5 (2) AGREEMENT ON SAFEGUARDS.—The term 

6 ‘‘Agreement on Safeguards’’ means the agreement 

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

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

9 (3) AGREEMENT ON SUBSIDIES AND COUNTER10 VAILING MEASURES.—The term ‘‘Agreement on Sub11 sidies and Countervailing Measures’’ means the 

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

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

14 3511(d)(12)). 

15 (4) ANTIDUMPING AGREEMENT.—The term 

16 ‘‘Antidumping Agreement’’ means the Agreement on 

17 Implementation of Article VI of the General Agree18 ment on Tariffs and Trade 1994 referred to in sec19 tion 101(d)(7) of the Uruguay Round Agreements 

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

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

22 Body’’ means the Appellate Body established under 

23 Article 17.1 of the Dispute Settlement Under24 standing. 


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1 (6) COMMON MULTILATERAL ENVIRONMENTAL

2 AGREEMENT.— 

3 (A) IN GENERAL.—The term ‘‘common 

4 multilateral environmental agreement’’ means 

5 any agreement specified in subparagraph (B) or 

6 included under subparagraph (C) to which both 

7 the United States and one or more other par8 ties to the negotiations are full parties, includ9 ing any current or future mutually agreed upon 

10 protocols, amendments, annexes, or adjust11 ments to such an agreement. 

12 (B) AGREEMENTS SPECIFIED.—The agree13 ments specified in this subparagraph are the 

14 following: 

15 (i) The Convention on International 

16 Trade in Endangered Species of Wild 

17 Fauna and Flora, done at Washington 

18 March 3, 1973 (27 UST 1087; TIAS 

19 8249). 

20 (ii) The Montreal Protocol on Sub21 stances that Deplete the Ozone Layer, 

22 done at Montreal September 16, 1987. 

23 (iii) The Protocol of 1978 Relating to 

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1 vention of Pollution from Ships, 1973, 

2 done at London February 17, 1978. 

3 (iv) The Convention on Wetlands of 

4 International Importance Especially as 

5 Waterfowl Habitat, done at Ramsar Feb6 ruary 2, 1971 (TIAS 11084). 

7 (v) The Convention on the Conserva8 tion of Antarctic Marine Living Resources, 

9 done at Canberra May 20, 1980 (33 UST 

10 3476). 

11 (vi) The International Convention for 

12 the Regulation of Whaling, done at Wash13 ington December 2, 1946 (62 Stat. 1716). 

14 (vii) The Convention for the Estab15 lishment of an Inter-American Tropical 

16 Tuna Commission, done at Washington 

17 May 31, 1949 (1 UST 230). 

18 (C) ADDITIONAL AGREEMENTS.—Both the 

19 United States and one or more other parties to 

20 the negotiations may agree to include any other 

21 multilateral environmental or conservation 

22 agreement to which they are full parties as a 

23 common multilateral environmental agreement 

24 under this paragraph. 


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

2 labor standards’’ means— 

3 (A) freedom of association; 

4 (B) the effective recognition of the right to 

5 collective bargaining; 

6 (C) the elimination of all forms of forced 

7 or compulsory labor; 

8 (D) the effective abolition of child labor 

9 and a prohibition on the worst forms of child 

10 labor; and 

11 (E) the elimination of discrimination in re12 spect of employment and occupation. 

13 (8) DISPUTE SETTLEMENT UNDERSTANDING.— 

14 The term ‘‘Dispute Settlement Understanding’’ 

15 means the Understanding on Rules and Procedures 

16 Governing the Settlement of Disputes referred to in 

17 section 101(d)(16) of the Uruguay Round Agree18 ments Act (19 U.S.C. 3511(d)(16)). 

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

20 Clause’’ means the Decision on Differential and 

21 More Favourable Treatment, Reciprocity and Fuller 

22 Participation of Developing Countries (L/4903), 

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

24 defined in section 2 of the Uruguay Round Agree25 ments Act (19 U.S.C. 3501)). 


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1 (10) ENVIRONMENTAL LAWS.—The term ‘‘envi2 ronmental laws’’, with respect to the laws of the 

3 United States, means environmental statutes and 

4 regulations enforceable by action of the Federal Gov5 ernment. 

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

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

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

9 (12) GENERAL AGREEMENT ON TRADE IN

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

11 in Services’’ means the General Agreement on Trade 

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

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

14 3511(d)(14))). 

15 (13) GOVERNMENT PROCUREMENT AGREE16 MENT.—The term ‘‘Government Procurement Agree17 ment’’ means the Agreement on Government Pro18 curement referred to in section 101(d)(17) of the 

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

20 3511(d)(17)). 

21 (14) ILO.—The term ‘‘ILO’’ means the Inter22 national Labor Organization. 

23 (15) IMPORT SENSITIVE AGRICULTURAL PROD24 UCT.—The term ‘‘import sensitive agricultural prod25 uct’’ means an agricultural product— 


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

2 the Uruguay Round Agreements, the rate of 

3 duty was the subject of tariff reductions by the 

4 United States and, pursuant to such Agree5 ments, was reduced on January 1, 1995, to a 

6 rate that was not less than 97.5 percent of the 

7 rate of duty that applied to such article on De8 cember 31, 1994; or 

9 (B) which was subject to a tariff rate 

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

11 (16) INFORMATION TECHNOLOGY AGREE12 MENT.—The term ‘‘Information Technology Agree13 ment’’ means the Ministerial Declaration on Trade 

14 in Information Technology Products of the World 

15 Trade Organization, agreed to at Singapore Decem16 ber 13, 1996. 

17 (17) INTERNATIONALLY RECOGNIZED CORE

18 LABOR STANDARDS.—The term ‘‘internationally rec19 ognized core labor standards’’ means the core labor 

20 standards only as stated in the ILO Declaration on 

21 Fundamental Principles and Rights at Work and its 

22 Follow-Up (1998). 

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

24 means the statutes and regulations, or provisions 

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1 rectly related to core labor standards as well as 

2 other labor protections for children and minors and 

3 acceptable conditions of work with respect to min4 imum wages, hours of work, and occupational safety 

5 and health, and for the United States, includes Fed6 eral statutes and regulations addressing those stand7 ards, protections, or conditions, but does not include 

8 State or local labor laws. 

9 (19) UNITED STATES PERSON.—The term 

10 ‘‘United States person’’ means— 

11 (A) a United States citizen; 

12 (B) a partnership, corporation, or other 

13 legal entity that is organized under the laws of 

14 the United States; and 

15 (C) a partnership, corporation, or other 

16 legal entity that is organized under the laws of 

17 a foreign country and is controlled by entities 

18 described in subparagraph (B) or United States 

19 citizens, or both. 

20 (20) URUGUAY ROUND AGREEMENTS.—The 

21 term ‘‘Uruguay Round Agreements’’ has the mean22 ing given that term in section 2(7) of the Uruguay 

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

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

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


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1 mean the organization established pursuant to the 

2 WTO Agreement. 

3 (22) WTO AGREEMENT.—The term ‘‘WTO 

4 Agreement’’ means the Agreement Establishing the 

5 World Trade Organization entered into on April 15, 

6 1994. 

7 (23) WTO MEMBER.—The term ‘‘WTO mem8 ber’’ has the meaning given that term in section 

9 2(10) of the Uruguay Round Agreements Act (19 

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


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Calendar No. 73 

114TH CONGRESS 

1ST SESSION S. 995 

A BILL 

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

MAY 11, 2015 

Reported with amendments 


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