[House Report 114-167]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-167
======================================================================
PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R.
2146) TO AMEND THE INTERNAL REVENUE CODE OF 1986 TO ALLOW FEDERAL LAW
ENFORCEMENT OFFICERS, FIREFIGHTERS, AND AIR TRAFFIC CONTROLLERS TO MAKE
PENALTY FREE WITHDRAWALS FROM GOVERNMENTAL PLANS AFTER AGE 50, AND FOR
OTHER PURPOSES
_______
June 17, 2015.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Sessions, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 321]
The Committee on Rules, having had under consideration
House Resolution 321, by a record vote of 7 to 3, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for the consideration of the Senate
amendment to H.R. 2146, the Defending Public Safety Employees'
Retirement Act. The resolution makes in order a motion offered
by the chair of the Committee on Ways and Means or his designee
that the House concur in the Senate amendment with the
amendment printed in this report. The resolution waives all
points of order against consideration of the motion and
provides that the motion is not subject to a demand for
division of the question. The resolution provides that the
Senate amendment and the motion shall be considered as read.
The resolution provides one hour of debate on the motion
equally divided and controlled by the chair and ranking
minority member of the Committee on Ways and Means.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the motion includes a waiver of clause 7 of rule XVI, which
requires that no motion or proposition on a subject different
from that under consideration shall be admitted under color of
amendment. The waiver is needed because provisions in the House
amendment are not germane to the Senate amendment.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 79
Motion by Mr. Hastings of Florida to make in order and
provide the appropriate waivers for amendment #2, offered by
Rep. Visclosky (IN), which includes Title V of the House
approved H.R. 644, the Trade Facilitation and Trade Enforcement
Act of 2015. Defeated: 3-7
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Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Cole........................................ Nay Mr. McGovern...................... Yea
Mr. Woodall..................................... ............ Mr. Hastings of Florida........... Yea
Mr. Burgess..................................... Nay Mr. Polis......................... ............
Mr. Stivers..................................... Nay
Mr. Collins..................................... Nay
Mr. Byrne....................................... ............
Mr. Newhouse.................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 80
Motion by Ms. Slaughter to make the House TPA amendment
subject to amendment under an open process, as if being
considered under an open rule. Defeated: 3-7
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Cole........................................ Nay Mr. McGovern...................... Yea
Mr. Woodall..................................... ............ Mr. Hastings of Florida........... Yea
Mr. Burgess..................................... Nay Mr. Polis......................... ............
Mr. Stivers..................................... Nay
Mr. Collins..................................... Nay
Mr. Byrne....................................... ............
Mr. Newhouse.................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 81
Motion by Ms. Foxx to report the rule. Adopted: 7-3
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Yea Ms. Slaughter..................... Nay
Mr. Cole........................................ Yea Mr. McGovern...................... Nay
Mr. Woodall..................................... ............ Mr. Hastings of Florida........... Nay
Mr. Burgess..................................... Yea Mr. Polis......................... ............
Mr. Stivers..................................... Yea
Mr. Collins..................................... Yea
Mr. Byrne....................................... ............
Mr. Newhouse.................................... Yea
Mr. Sessions, Chairman.......................... Yea
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SUMMARY OF THE HOUSE AMENDMENT TO THE SENATE AMENDMENT
Ryan, Paul (WI): Adds the Trade Priorities and
Accountability Act of 2015 (TPA).
TEXT OF THE HOUSE AMENDMENT TO THE SENATE AMENDMENT
At the end of the Senate amendment, add the following:
TITLE I--TRADE PROMOTION AUTHORITY
SEC. 101. SHORT TITLE.
This title may be cited as the ``Bipartisan Congressional
Trade Priorities and Accountability Act of 2015''.
SEC. 102. TRADE NEGOTIATING OBJECTIVES.
(a) Overall Trade Negotiating Objectives.--The overall trade
negotiating objectives of the United States for agreements
subject to the provisions of section 103 are--
(1) to obtain more open, equitable, and reciprocal
market access;
(2) to obtain the reduction or elimination of
barriers and distortions that are directly related to
trade and investment and that decrease market
opportunities for United States exports or otherwise
distort United States trade;
(3) to further strengthen the system of international
trade and investment disciplines and procedures,
including dispute settlement;
(4) to foster economic growth, raise living
standards, enhance the competitiveness of the United
States, promote full employment in the United States,
and enhance the global economy;
(5) to ensure that trade and environmental policies
are mutually supportive and to seek to protect and
preserve the environment and enhance the international
means of doing so, while optimizing the use of the
world's resources;
(6) to promote respect for worker rights and the
rights of children consistent with core labor standards
of the ILO (as set out in section 111(7)) and an
understanding of the relationship between trade and
worker rights;
(7) to seek provisions in trade agreements under
which parties to those agreements ensure that they do
not weaken or reduce the protections afforded in
domestic environmental and labor laws as an
encouragement for trade;
(8) to ensure that trade agreements afford small
businesses equal access to international markets,
equitable trade benefits, and expanded export market
opportunities, and provide for the reduction or
elimination of trade and investment barriers that
disproportionately impact small businesses;
(9) to promote universal ratification and full
compliance with ILO Convention No. 182 Concerning the
Prohibition and Immediate Action for the Elimination of
the Worst Forms of Child Labor;
(10) to ensure that trade agreements reflect and
facilitate the increasingly interrelated, multi-
sectoral nature of trade and investment activity;
(11) to recognize the growing significance of the
Internet as a trading platform in international
commerce;
(12) to take into account other legitimate United
States domestic objectives, including, but not limited
to, the protection of legitimate health or safety,
essential security, and consumer interests and the law
and regulations related thereto; and
(13) to take into account conditions relating to
religious freedom of any party to negotiations for a
trade agreement with the United States.
(b) Principal Trade Negotiating Objectives.--
(1) Trade in goods.--The principal negotiating
objectives of the United States regarding trade in
goods are--
(A) to expand competitive market
opportunities for exports of goods from the
United States and to obtain fairer and more
open conditions of trade, including through the
utilization of global value chains, by reducing
or eliminating tariff and nontariff barriers
and policies and practices of foreign
governments directly related to trade that
decrease market opportunities for United States
exports or otherwise distort United States
trade; and
(B) to obtain reciprocal tariff and nontariff
barrier elimination agreements, including with
respect to those tariff categories covered in
section 111(b) of the Uruguay Round Agreements
Act (19 U.S.C. 3521(b)).
(2) Trade in services.--(A) The principal negotiating
objective of the United States regarding trade in
services is to expand competitive market opportunities
for United States services and to obtain fairer and
more open conditions of trade, including through
utilization of global value chains, by reducing or
eliminating barriers to international trade in
services, such as regulatory and other barriers that
deny national treatment and market access or
unreasonably restrict the establishment or operations
of service suppliers.
(B) Recognizing that expansion of trade in services
generates benefits for all sectors of the economy and
facilitates trade, the objective described in
subparagraph (A) should be pursued through all means,
including through a plurilateral agreement with those
countries willing and able to undertake high standard
services commitments for both existing and new
services.
(3) Trade in agriculture.--The principal negotiating
objective of the United States with respect to
agriculture is to obtain competitive opportunities for
United States exports of agricultural commodities in
foreign markets substantially equivalent to the
competitive opportunities afforded foreign exports in
United States markets and to achieve fairer and more
open conditions of trade in bulk, specialty crop, and
value added commodities by--
(A) securing more open and equitable market
access through robust rules on sanitary and
phytosanitary measures that--
(i) encourage the adoption of
international standards and require a
science-based justification be provided
for a sanitary or phytosanitary measure
if the measure is more restrictive than
the applicable international standard;
(ii) improve regulatory coherence,
promote the use of systems-based
approaches, and appropriately recognize
the equivalence of health and safety
protection systems of exporting
countries;
(iii) require that measures are
transparently developed and
implemented, are based on risk
assessments that take into account
relevant international guidelines and
scientific data, and are not more
restrictive on trade than necessary to
meet the intended purpose; and
(iv) improve import check processes,
including testing methodologies and
procedures, and certification
requirements,
while recognizing that countries may put in
place measures to protect human, animal, or
plant life or health in a manner consistent
with their international obligations, including
the WTO Agreement on the Application of
Sanitary and Phytosanitary Measures (referred
to in section 101(d)(3) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(3)));
(B) reducing or eliminating, by a date
certain, tariffs or other charges that decrease
market opportunities for United States
exports--
(i) giving priority to those products
that are subject to significantly
higher tariffs or subsidy regimes of
major producing countries; and
(ii) providing reasonable adjustment
periods for United States import
sensitive products, in close
consultation with Congress on such
products before initiating tariff
reduction negotiations;
(C) reducing tariffs to levels that are the
same as or lower than those in the United
States;
(D) reducing or eliminating subsidies that
decrease market opportunities for United States
exports or unfairly distort agriculture markets
to the detriment of the United States;
(E) allowing the preservation of programs
that support family farms and rural communities
but do not distort trade;
(F) developing disciplines for domestic
support programs, so that production that is in
excess of domestic food security needs is sold
at world prices;
(G) eliminating government policies that
create price depressing surpluses;
(H) eliminating state trading enterprises
whenever possible;
(I) developing, strengthening, and clarifying
rules to eliminate practices that unfairly
decrease United States market access
opportunities or distort agricultural markets
to the detriment of the United States, and
ensuring that such rules are subject to
efficient, timely, and effective dispute
settlement, including--
(i) unfair or trade distorting
activities of state trading enterprises
and other administrative mechanisms,
with emphasis on requiring price
transparency in the operation of state
trading enterprises and such other
mechanisms in order to end cross
subsidization, price discrimination,
and price undercutting;
(ii) unjustified trade restrictions
or commercial requirements, such as
labeling, that affect new technologies,
including biotechnology;
(iii) unjustified sanitary or
phytosanitary restrictions, including
restrictions not based on scientific
principles in contravention of
obligations in the Uruguay Round
Agreements or bilateral or regional
trade agreements;
(iv) other unjustified technical
barriers to trade; and
(v) restrictive rules in the
administration of tariff rate quotas;
(J) eliminating practices that adversely
affect trade in perishable or cyclical
products, while improving import relief
mechanisms to recognize the unique
characteristics of perishable and cyclical
agriculture;
(K) ensuring that import relief mechanisms
for perishable and cyclical agriculture are as
accessible and timely to growers in the United
States as those mechanisms that are used by
other countries;
(L) taking into account whether a party to
the negotiations has failed to adhere to the
provisions of already existing trade agreements
with the United States or has circumvented
obligations under those agreements;
(M) taking into account whether a product is
subject to market distortions by reason of a
failure of a major producing country to adhere
to the provisions of already existing trade
agreements with the United States or by the
circumvention by that country of its
obligations under those agreements;
(N) otherwise ensuring that countries that
accede to the World Trade Organization have
made meaningful market liberalization
commitments in agriculture;
(O) taking into account the impact that
agreements covering agriculture to which the
United States is a party have on the United
States agricultural industry;
(P) maintaining bona fide food assistance
programs, market development programs, and
export credit programs;
(Q) seeking to secure the broadest market
access possible in multilateral, regional, and
bilateral negotiations, recognizing the effect
that simultaneous sets of negotiations may have
on United States import sensitive commodities
(including those subject to tariff rate
quotas);
(R) seeking to develop an international
consensus on the treatment of seasonal or
perishable agricultural products in
investigations relating to dumping and
safeguards and in any other relevant area;
(S) seeking to establish the common base year
for calculating the Aggregated Measurement of
Support (as defined in the Agreement on
Agriculture) as the end of each country's
Uruguay Round implementation period, as
reported in each country's Uruguay Round market
access schedule;
(T) ensuring transparency in the
administration of tariff rate quotas through
multilateral, plurilateral, and bilateral
negotiations; and
(U) eliminating and preventing the
undermining of market access for United States
products through improper use of a country's
system for protecting or recognizing
geographical indications, including failing to
ensure transparency and procedural fairness and
protecting generic terms.
(4) Foreign investment.--Recognizing that United
States law on the whole provides a high level of
protection for investment, consistent with or greater
than the level required by international law, the
principal negotiating objectives of the United States
regarding foreign investment are to reduce or eliminate
artificial or trade distorting barriers to foreign
investment, while ensuring that foreign investors in
the United States are not accorded greater substantive
rights with respect to investment protections than
United States investors in the United States, and to
secure for investors important rights comparable to
those that would be available under United States legal
principles and practice, by--
(A) reducing or eliminating exceptions to the
principle of national treatment;
(B) freeing the transfer of funds relating to
investments;
(C) reducing or eliminating performance
requirements, forced technology transfers, and
other unreasonable barriers to the
establishment and operation of investments;
(D) seeking to establish standards for
expropriation and compensation for
expropriation, consistent with United States
legal principles and practice;
(E) seeking to establish standards for fair
and equitable treatment, consistent with United
States legal principles and practice, including
the principle of due process;
(F) providing meaningful procedures for
resolving investment disputes;
(G) seeking to improve mechanisms used to
resolve disputes between an investor and a
government through--
(i) mechanisms to eliminate frivolous
claims and to deter the filing of
frivolous claims;
(ii) procedures to ensure the
efficient selection of arbitrators and
the expeditious disposition of claims;
(iii) procedures to enhance
opportunities for public input into the
formulation of government positions;
and
(iv) providing for an appellate body
or similar mechanism to provide
coherence to the interpretations of
investment provisions in trade
agreements; and
(H) ensuring the fullest measure of
transparency in the dispute settlement
mechanism, to the extent consistent with the
need to protect information that is classified
or business confidential, by--
(i) ensuring that all requests for
dispute settlement are promptly made
public;
(ii) ensuring that--
(I) all proceedings,
submissions, findings, and
decisions are promptly made
public; and
(II) all hearings are open to
the public; and
(iii) establishing a mechanism for
acceptance of amicus curiae submissions
from businesses, unions, and
nongovernmental organizations.
(5) Intellectual property.--The principal negotiating
objectives of the United States regarding trade-related
intellectual property are--
(A) to further promote adequate and effective
protection of intellectual property rights,
including through--
(i)(I) ensuring accelerated and full
implementation of the Agreement on
Trade-Related Aspects of Intellectual
Property Rights referred to in section
101(d)(15) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(15)),
particularly with respect to meeting
enforcement obligations under that
agreement; and
(II) ensuring that the provisions of
any trade agreement governing
intellectual property rights that is
entered into by the United States
reflect a standard of protection
similar to that found in United States
law;
(ii) providing strong protection for
new and emerging technologies and new
methods of transmitting and
distributing products embodying
intellectual property, including in a
manner that facilitates legitimate
digital trade;
(iii) preventing or eliminating
discrimination with respect to matters
affecting the availability,
acquisition, scope, maintenance, use,
and enforcement of intellectual
property rights;
(iv) ensuring that standards of
protection and enforcement keep pace
with technological developments, and in
particular ensuring that rightholders
have the legal and technological means
to control the use of their works
through the Internet and other global
communication media, and to prevent the
unauthorized use of their works;
(v) providing strong enforcement of
intellectual property rights, including
through accessible, expeditious, and
effective civil, administrative, and
criminal enforcement mechanisms; and
(vi) preventing or eliminating
government involvement in the violation
of intellectual property rights,
including cyber theft and piracy;
(B) to secure fair, equitable, and
nondiscriminatory market access opportunities
for United States persons that rely upon
intellectual property protection; and
(C) to respect the Declaration on the TRIPS
Agreement and Public Health, adopted by the
World Trade Organization at the Fourth
Ministerial Conference at Doha, Qatar on
November 14, 2001, and to ensure that trade
agreements foster innovation and promote access
to medicines.
(6) Digital trade in goods and services and cross-
border data flows.--The principal negotiating
objectives of the United States with respect to digital
trade in goods and services, as well as cross-border
data flows, are--
(A) to ensure that current obligations,
rules, disciplines, and commitments under the
World Trade Organization and bilateral and
regional trade agreements apply to digital
trade in goods and services and to cross-border
data flows;
(B) to ensure that--
(i) electronically delivered goods
and services receive no less favorable
treatment under trade rules and
commitments than like products
delivered in physical form; and
(ii) the classification of such goods
and services ensures the most liberal
trade treatment possible, fully
encompassing both existing and new
trade;
(C) to ensure that governments refrain from
implementing trade-related measures that impede
digital trade in goods and services, restrict
cross-border data flows, or require local
storage or processing of data;
(D) with respect to subparagraphs (A) through
(C), where legitimate policy objectives require
domestic regulations that affect digital trade
in goods and services or cross-border data
flows, to obtain commitments that any such
regulations are the least restrictive on trade,
nondiscriminatory, and transparent, and promote
an open market environment; and
(E) to extend the moratorium of the World
Trade Organization on duties on electronic
transmissions.
(7) Regulatory practices.--The principal negotiating
objectives of the United States regarding the use of
government regulation or other practices to reduce
market access for United States goods, services, and
investments are--
(A) to achieve increased transparency and
opportunity for the participation of affected
parties in the development of regulations;
(B) to require that proposed regulations be
based on sound science, cost benefit analysis,
risk assessment, or other objective evidence;
(C) to establish consultative mechanisms and
seek other commitments, as appropriate, to
improve regulatory practices and promote
increased regulatory coherence, including
through--
(i) transparency in developing
guidelines, rules, regulations, and
laws for government procurement and
other regulatory regimes;
(ii) the elimination of redundancies
in testing and certification;
(iii) early consultations on
significant regulations;
(iv) the use of impact assessments;
(v) the periodic review of existing
regulatory measures; and
(vi) the application of good
regulatory practices;
(D) to seek greater openness, transparency,
and convergence of standards development
processes, and enhance cooperation on standards
issues globally;
(E) to promote regulatory compatibility
through harmonization, equivalence, or mutual
recognition of different regulations and
standards and to encourage the use of
international and interoperable standards, as
appropriate;
(F) to achieve the elimination of government
measures such as price controls and reference
pricing which deny full market access for
United States products;
(G) to ensure that government regulatory
reimbursement regimes are transparent, provide
procedural fairness, are nondiscriminatory, and
provide full market access for United States
products; and
(H) to ensure that foreign governments--
(i) demonstrate that the collection
of undisclosed proprietary information
is limited to that necessary to satisfy
a legitimate and justifiable regulatory
interest; and
(ii) protect such information against
disclosure, except in exceptional
circumstances to protect the public, or
where such information is effectively
protected against unfair competition.
(8) State-owned and state-controlled enterprises.--
The principal negotiating objective of the United
States regarding competition by state-owned and state-
controlled enterprises is to seek commitments that--
(A) eliminate or prevent trade distortions
and unfair competition favoring state-owned and
state-controlled enterprises to the extent of
their engagement in commercial activity, and
(B) ensure that such engagement is based
solely on commercial considerations,
in particular through disciplines that eliminate or
prevent discrimination and market-distorting subsidies
and that promote transparency.
(9) Localization barriers to trade.--The principal
negotiating objective of the United States with respect
to localization barriers is to eliminate and prevent
measures that require United States producers and
service providers to locate facilities, intellectual
property, or other assets in a country as a market
access or investment condition, including indigenous
innovation measures.
(10) Labor and the environment.--The principal
negotiating objectives of the United States with
respect to labor and the environment are--
(A) to ensure that a party to a trade
agreement with the United States--
(i) adopts and maintains measures
implementing internationally recognized
core labor standards (as defined in
section 111(17)) and its obligations
under common multilateral environmental
agreements (as defined in section
111(6)),
(ii) does not waive or otherwise
derogate from, or offer to waive or
otherwise derogate from--
(I) its statutes or
regulations implementing
internationally recognized core
labor standards (as defined in
section 111(17)), in a manner
affecting trade or investment
between the United States and
that party, where the waiver or
derogation would be
inconsistent with one or more
such standards, or
(II) its environmental laws
in a manner that weakens or
reduces the protections
afforded in those laws and in a
manner affecting trade or
investment between the United
States and that party, except
as provided in its law and
provided not inconsistent with
its obligations under common
multilateral environmental
agreements (as defined in
section 111(6)) or other
provisions of the trade
agreement specifically agreed
upon, and
(iii) does not fail to effectively
enforce its environmental or labor
laws, through a sustained or recurring
course of action or inaction,
in a manner affecting trade or investment
between the United States and that party after
entry into force of a trade agreement between
those countries;
(B) to recognize that--
(i) with respect to environment,
parties to a trade agreement retain the
right to exercise prosecutorial
discretion and to make decisions
regarding the allocation of enforcement
resources with respect to other
environmental laws determined to have
higher priorities, and a party is
effectively enforcing its laws if a
course of action or inaction reflects a
reasonable, bona fide exercise of such
discretion, or results from a
reasonable, bona fide decision
regarding the allocation of resources;
and
(ii) with respect to labor, decisions
regarding the distribution of
enforcement resources are not a reason
for not complying with a party's labor
obligations; a party to a trade
agreement retains the right to
reasonable exercise of discretion and
to make bona fide decisions regarding
the allocation of resources between
labor enforcement activities among core
labor standards, provided the exercise
of such discretion and such decisions
are not inconsistent with its
obligations;
(C) to strengthen the capacity of United
States trading partners to promote respect for
core labor standards (as defined in section
111(7));
(D) to strengthen the capacity of United
States trading partners to protect the
environment through the promotion of
sustainable development;
(E) to reduce or eliminate government
practices or policies that unduly threaten
sustainable development;
(F) to seek market access, through the
elimination of tariffs and nontariff barriers,
for United States environmental technologies,
goods, and services;
(G) to ensure that labor, environmental,
health, or safety policies and practices of the
parties to trade agreements with the United
States do not arbitrarily or unjustifiably
discriminate against United States exports or
serve as disguised barriers to trade;
(H) to ensure that enforceable labor and
environment obligations are subject to the same
dispute settlement and remedies as other
enforceable obligations under the agreement;
and
(I) to ensure that a trade agreement is not
construed to empower a party's authorities to
undertake labor or environmental law
enforcement activities in the territory of the
United States.
(11) Currency.--The principal negotiating objective
of the United States with respect to currency practices
is that parties to a trade agreement with the United
States avoid manipulating exchange rates in order to
prevent effective balance of payments adjustment or to
gain an unfair competitive advantage over other parties
to the agreement, such as through cooperative
mechanisms, enforceable rules, reporting, monitoring,
transparency, or other means, as appropriate.
(12) Foreign currency manipulation.--The principal
negotiating objective of the United States with respect
to unfair currency practices is to seek to establish
accountability through enforceable rules, transparency,
reporting, monitoring, cooperative mechanisms, or other
means to address exchange rate manipulation involving
protracted large scale intervention in one direction in
the exchange markets and a persistently undervalued
foreign exchange rate to gain an unfair competitive
advantage in trade over other parties to a trade
agreement, consistent with existing obligations of the
United States as a member of the International Monetary
Fund and the World Trade Organization.
(13) WTO and multilateral trade agreements.--
Recognizing that the World Trade Organization is the
foundation of the global trading system, the principal
negotiating objectives of the United States regarding
the World Trade Organization, the Uruguay Round
Agreements, and other multilateral and plurilateral
trade agreements are--
(A) to achieve full implementation and extend
the coverage of the World Trade Organization
and multilateral and plurilateral agreements to
products, sectors, and conditions of trade not
adequately covered;
(B) to expand country participation in and
enhancement of the Information Technology
Agreement, the Government Procurement
Agreement, and other plurilateral trade
agreements of the World Trade Organization;
(C) to expand competitive market
opportunities for United States exports and to
obtain fairer and more open conditions of
trade, including through utilization of global
value chains, through the negotiation of new
WTO multilateral and plurilateral trade
agreements, such as an agreement on trade
facilitation;
(D) to ensure that regional trade agreements
to which the United States is not a party fully
achieve the high standards of, and comply with,
WTO disciplines, including Article XXIV of GATT
1994, Article V and V bis of the General
Agreement on Trade in Services, and the
Enabling Clause, including through meaningful
WTO review of such regional trade agreements;
(E) to enhance compliance by WTO members with
their obligations as WTO members through active
participation in the bodies of the World Trade
Organization by the United States and all other
WTO members, including in the trade policy
review mechanism and the committee system of
the World Trade Organization, and by working to
increase the effectiveness of such bodies; and
(F) to encourage greater cooperation between
the World Trade Organization and other
international organizations.
(14) Trade institution transparency.--The principal
negotiating objective of the United States with respect
to transparency is to obtain wider and broader
application of the principle of transparency in the
World Trade Organization, entities established under
bilateral and regional trade agreements, and other
international trade fora through seeking--
(A) timely public access to information
regarding trade issues and the activities of
such institutions;
(B) openness by ensuring public access to
appropriate meetings, proceedings, and
submissions, including with regard to trade and
investment dispute settlement; and
(C) public access to all notifications and
supporting documentation submitted by WTO
members.
(15) Anti-corruption.--The principal negotiating
objectives of the United States with respect to the use
of money or other things of value to influence acts,
decisions, or omissions of foreign governments or
officials or to secure any improper advantage in a
manner affecting trade are--
(A) to obtain high standards and effective
domestic enforcement mechanisms applicable to
persons from all countries participating in the
applicable trade agreement that prohibit such
attempts to influence acts, decisions, or
omissions of foreign governments or officials
or to secure any such improper advantage;
(B) to ensure that such standards level the
playing field for United States persons in
international trade and investment; and
(C) to seek commitments to work jointly to
encourage and support anti-corruption and anti-
bribery initiatives in international trade
fora, including through the Convention on
Combating Bribery of Foreign Public Officials
in International Business Transactions of the
Organization for Economic Cooperation and
Development, done at Paris December 17, 1997
(commonly known as the ``OECD Anti-Bribery
Convention'').
(16) Dispute settlement and enforcement.--The
principal negotiating objectives of the United States
with respect to dispute settlement and enforcement of
trade agreements are--
(A) to seek provisions in trade agreements
providing for resolution of disputes between
governments under those trade agreements in an
effective, timely, transparent, equitable, and
reasoned manner, requiring determinations based
on facts and the principles of the agreements,
with the goal of increasing compliance with the
agreements;
(B) to seek to strengthen the capacity of the
Trade Policy Review Mechanism of the World
Trade Organization to review compliance with
commitments;
(C) to seek adherence by panels convened
under the Dispute Settlement Understanding and
by the Appellate Body to--
(i) the mandate of those panels and
the Appellate Body to apply the WTO
Agreement as written, without adding to
or diminishing rights and obligations
under the Agreement; and
(ii) the standard of review
applicable under the Uruguay Round
Agreement involved in the dispute,
including greater deference, where
appropriate, to the fact finding and
technical expertise of national
investigating authorities;
(D) to seek provisions encouraging the early
identification and settlement of disputes
through consultation;
(E) to seek provisions to encourage the
provision of trade-expanding compensation if a
party to a dispute under the agreement does not
come into compliance with its obligations under
the agreement;
(F) to seek provisions to impose a penalty
upon a party to a dispute under the agreement
that--
(i) encourages compliance with the
obligations of the agreement;
(ii) is appropriate to the parties,
nature, subject matter, and scope of
the violation; and
(iii) has the aim of not adversely
affecting parties or interests not
party to the dispute while maintaining
the effectiveness of the enforcement
mechanism; and
(G) to seek provisions that treat United
States principal negotiating objectives equally
with respect to--
(i) the ability to resort to dispute
settlement under the applicable
agreement;
(ii) the availability of equivalent
dispute settlement procedures; and
(iii) the availability of equivalent
remedies.
(17) Trade remedy laws.--The principal negotiating
objectives of the United States with respect to trade
remedy laws are--
(A) to preserve the ability of the United
States to enforce rigorously its trade laws,
including the antidumping, countervailing duty,
and safeguard laws, and avoid agreements that
lessen the effectiveness of domestic and
international disciplines on unfair trade,
especially dumping and subsidies, or that
lessen the effectiveness of domestic and
international safeguard provisions, in order to
ensure that United States workers, agricultural
producers, and firms can compete fully on fair
terms and enjoy the benefits of reciprocal
trade concessions; and
(B) to address and remedy market distortions
that lead to dumping and subsidization,
including overcapacity, cartelization, and
market access barriers.
(18) Border taxes.--The principal negotiating
objective of the United States regarding border taxes
is to obtain a revision of the rules of the World Trade
Organization with respect to the treatment of border
adjustments for internal taxes to redress the
disadvantage to countries relying primarily on direct
taxes for revenue rather than indirect taxes.
(19) Textile negotiations.--The principal negotiating
objectives of the United States with respect to trade
in textiles and apparel articles are to obtain
competitive opportunities for United States exports of
textiles and apparel in foreign markets substantially
equivalent to the competitive opportunities afforded
foreign exports in United States markets and to achieve
fairer and more open conditions of trade in textiles
and apparel.
(20) Commercial partnerships.--
(A) In general.--With respect to an agreement
that is proposed to be entered into with the
Transatlantic Trade and Investment Partnership
countries and to which section 103(b) will
apply, the principal negotiating objectives of
the United States regarding commercial
partnerships are the following:
(i) To discourage actions by
potential trading partners that
directly or indirectly prejudice or
otherwise discourage commercial
activity solely between the United
States and Israel.
(ii) To discourage politically
motivated actions to boycott, divest
from, or sanction Israel and to seek
the elimination of politically
motivated nontariff barriers on Israeli
goods, services, or other commerce
imposed on the State of Israel.
(iii) To seek the elimination of
state-sponsored unsanctioned foreign
boycotts against Israel or compliance
with the Arab League Boycott of Israel
by prospective trading partners.
(B) Definition.--In this paragraph, the term
``actions to boycott, divest from, or sanction
Israel'' means actions by states, non-member
states of the United Nations, international
organizations, or affiliated agencies of
international organizations that are
politically motivated and are intended to
penalize or otherwise limit commercial
relations specifically with Israel or persons
doing business in Israel or in Israeli-
controlled territories.
(21) Good governance, transparency, the effective
operation of legal regimes, and the rule of law of
trading partners.--The principal negotiating objectives
of the United States with respect to ensuring
implementation of trade commitments and obligations by
strengthening good governance, transparency, the
effective operation of legal regimes and the rule of
law of trading partners of the United States is through
capacity building and other appropriate means, which
are important parts of the broader effort to create
more open democratic societies and to promote respect
for internationally recognized human rights.
(c) Capacity Building and Other Priorities.--In order to
address and maintain United States competitiveness in the
global economy, the President shall--
(1) direct the heads of relevant Federal agencies--
(A) to work to strengthen the capacity of
United States trading partners to carry out
obligations under trade agreements by
consulting with any country seeking a trade
agreement with the United States concerning
that country's laws relating to customs and
trade facilitation, sanitary and phytosanitary
measures, technical barriers to trade,
intellectual property rights, labor, and the
environment; and
(B) to provide technical assistance to that
country if needed;
(2) seek to establish consultative mechanisms among
parties to trade agreements to strengthen the capacity
of United States trading partners to develop and
implement standards for the protection of the
environment and human health based on sound science;
(3) promote consideration of multilateral
environmental agreements and consult with parties to
such agreements regarding the consistency of any such
agreement that includes trade measures with existing
environmental exceptions under Article XX of GATT 1994;
and
(4) submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance
of the Senate an annual report on capacity-building
activities undertaken in connection with trade
agreements negotiated or being negotiated pursuant to
this title.
SEC. 103. TRADE AGREEMENTS AUTHORITY.
(a) Agreements Regarding Tariff Barriers.--
(1) In general.--Whenever the President determines
that one or more existing duties or other import
restrictions of any foreign country or the United
States are unduly burdening and restricting the foreign
trade of the United States and that the purposes,
policies, priorities, and objectives of this title will
be promoted thereby, the President--
(A) may enter into trade agreements with
foreign countries before--
(i) July 1, 2018; or
(ii) July 1, 2021, if trade
authorities procedures are extended
under subsection (c); and
(B) may, subject to paragraphs (2) and (3),
proclaim--
(i) such modification or continuance
of any existing duty,
(ii) such continuance of existing
duty free or excise treatment, or
(iii) such additional duties,
as the President determines to be required or
appropriate to carry out any such trade
agreement.
Substantial modifications to, or substantial additional
provisions of, a trade agreement entered into after
July 1, 2018, or July 1, 2021, if trade authorities
procedures are extended under subsection (c), shall not
be eligible for approval under this title.
(2) Notification.--The President shall notify
Congress of the President's intention to enter into an
agreement under this subsection.
(3) Limitations.--No proclamation may be made under
paragraph (1) that--
(A) reduces any rate of duty (other than a
rate of duty that does not exceed 5 percent ad
valorem on the date of the enactment of this
Act) to a rate of duty which is less than 50
percent of the rate of such duty that applies
on such date of enactment;
(B) reduces the rate of duty below that
applicable under the Uruguay Round Agreements
or a successor agreement, on any import
sensitive agricultural product; or
(C) increases any rate of duty above the rate
that applied on the date of the enactment of
this Act.
(4) Aggregate reduction; exemption from staging.--
(A) Aggregate reduction.--Except as provided
in subparagraph (B), the aggregate reduction in
the rate of duty on any article which is in
effect on any day pursuant to a trade agreement
entered into under paragraph (1) shall not
exceed the aggregate reduction which would have
been in effect on such day if--
(i) a reduction of 3 percent ad
valorem or a reduction of \1/10\ of the
total reduction, whichever is greater,
had taken effect on the effective date
of the first reduction proclaimed under
paragraph (1) to carry out such
agreement with respect to such article;
and
(ii) a reduction equal to the amount
applicable under clause (i) had taken
effect at 1-year intervals after the
effective date of such first reduction.
(B) Exemption from staging.--No staging is
required under subparagraph (A) with respect to
a duty reduction that is proclaimed under
paragraph (1) for an article of a kind that is
not produced in the United States. The United
States International Trade Commission shall
advise the President of the identity of
articles that may be exempted from staging
under this subparagraph.
(5) Rounding.--If the President determines that such
action will simplify the computation of reductions
under paragraph (4), the President may round an annual
reduction by an amount equal to the lesser of--
(A) the difference between the reduction
without regard to this paragraph and the next
lower whole number; or
(B) \1/2\ of 1 percent ad valorem.
(6) Other limitations.--A rate of duty reduction that
may not be proclaimed by reason of paragraph (3) may
take effect only if a provision authorizing such
reduction is included within an implementing bill
provided for under section 106 and that bill is enacted
into law.
(7) Other tariff modifications.--Notwithstanding
paragraphs (1)(B), (3)(A), (3)(C), and (4) through (6),
and subject to the consultation and layover
requirements of section 115 of the Uruguay Round
Agreements Act (19 U.S.C. 3524), the President may
proclaim the modification of any duty or staged rate
reduction of any duty set forth in Schedule XX, as
defined in section 2(5) of that Act (19 U.S.C.
3501(5)), if the United States agrees to such
modification or staged rate reduction in a negotiation
for the reciprocal elimination or harmonization of
duties under the auspices of the World Trade
Organization.
(8) Authority under uruguay round agreements act not
affected.--Nothing in this subsection shall limit the
authority provided to the President under section
111(b) of the Uruguay Round Agreements Act (19 U.S.C.
3521(b)).
(b) Agreements Regarding Tariff and Nontariff Barriers.--
(1) In general.--(A) Whenever the President
determines that--
(i) 1 or more existing duties or any other
import restriction of any foreign country or
the United States or any other barrier to, or
other distortion of, international trade unduly
burdens or restricts the foreign trade of the
United States or adversely affects the United
States economy, or
(ii) the imposition of any such barrier or
distortion is likely to result in such a
burden, restriction, or effect,
and that the purposes, policies, priorities, and
objectives of this title will be promoted thereby, the
President may enter into a trade agreement described in
subparagraph (B) during the period described in
subparagraph (C).
(B) The President may enter into a trade agreement
under subparagraph (A) with foreign countries providing
for--
(i) the reduction or elimination of a duty,
restriction, barrier, or other distortion
described in subparagraph (A); or
(ii) the prohibition of, or limitation on the
imposition of, such barrier or other
distortion.
(C) The President may enter into a trade agreement
under this paragraph before--
(i) July 1, 2018; or
(ii) July 1, 2021, if trade authorities
procedures are extended under subsection (c).
Substantial modifications to, or substantial additional
provisions of, a trade agreement entered into after
July 1, 2018, or July 1, 2021, if trade authorities
procedures are extended under subsection (c), shall not
be eligible for approval under this title.
(2) Conditions.--A trade agreement may be entered
into under this subsection only if such agreement makes
progress in meeting the applicable objectives described
in subsections (a) and (b) of section 102 and the
President satisfies the conditions set forth in
sections 104 and 105.
(3) Bills qualifying for trade authorities
procedures.--(A) The provisions of section 151 of the
Trade Act of 1974 (in this title referred to as ``trade
authorities procedures'') apply to a bill of either
House of Congress which contains provisions described
in subparagraph (B) to the same extent as such section
151 applies to implementing bills under that section. A
bill to which this paragraph applies shall hereafter in
this title be referred to as an ``implementing bill''.
(B) The provisions referred to in subparagraph (A)
are--
(i) a provision approving a trade agreement
entered into under this subsection and
approving the statement of administrative
action, if any, proposed to implement such
trade agreement; and
(ii) if changes in existing laws or new
statutory authority are required to implement
such trade agreement or agreements, only such
provisions as are strictly necessary or
appropriate to implement such trade agreement
or agreements, either repealing or amending
existing laws or providing new statutory
authority.
(c) Extension Disapproval Process for Congressional Trade
Authorities Procedures.--
(1) In general.--Except as provided in section
106(b)--
(A) the trade authorities procedures apply to
implementing bills submitted with respect to
trade agreements entered into under subsection
(b) before July 1, 2018; and
(B) the trade authorities procedures shall be
extended to implementing bills submitted with
respect to trade agreements entered into under
subsection (b) after June 30, 2018, and before
July 1, 2021, if (and only if)--
(i) the President requests such
extension under paragraph (2); and
(ii) neither House of Congress adopts
an extension disapproval resolution
under paragraph (5) before July 1,
2018.
(2) Report to congress by the president.--If the
President is of the opinion that the trade authorities
procedures should be extended to implementing bills
described in paragraph (1)(B), the President shall
submit to Congress, not later than April 1, 2018, a
written report that contains a request for such
extension, together with--
(A) a description of all trade agreements
that have been negotiated under subsection (b)
and the anticipated schedule for submitting
such agreements to Congress for approval;
(B) a description of the progress that has
been made in negotiations to achieve the
purposes, policies, priorities, and objectives
of this title, and a statement that such
progress justifies the continuation of
negotiations; and
(C) a statement of the reasons why the
extension is needed to complete the
negotiations.
(3) Other reports to congress.--
(A) Report by the advisory committee.--The
President shall promptly inform the Advisory
Committee for Trade Policy and Negotiations
established under section 135 of the Trade Act
of 1974 (19 U.S.C. 2155) of the decision of the
President to submit a report to Congress under
paragraph (2). The Advisory Committee shall
submit to Congress as soon as practicable, but
not later than June 1, 2018, a written report
that contains--
(i) its views regarding the progress
that has been made in negotiations to
achieve the purposes, policies,
priorities, and objectives of this
title; and
(ii) a statement of its views, and
the reasons therefor, regarding whether
the extension requested under paragraph
(2) should be approved or disapproved.
(B) Report by international trade
commission.--The President shall promptly
inform the United States International Trade
Commission of the decision of the President to
submit a report to Congress under paragraph
(2). The International Trade Commission shall
submit to Congress as soon as practicable, but
not later than June 1, 2018, a written report
that contains a review and analysis of the
economic impact on the United States of all
trade agreements implemented between the date
of the enactment of this Act and the date on
which the President decides to seek an
extension requested under paragraph (2).
(4) Status of reports.--The reports submitted to
Congress under paragraphs (2) and (3), or any portion
of such reports, may be classified to the extent the
President determines appropriate.
(5) Extension disapproval resolutions.--(A) For
purposes of paragraph (1), the term ``extension
disapproval resolution'' means a resolution of either
House of Congress, the sole matter after the resolving
clause of which is as follows: ``That the ____
disapproves the request of the President for the
extension, under section 103(c)(1)(B)(i) of the
Bipartisan Congressional Trade Priorities and
Accountability Act of 2015, of the trade authorities
procedures under that Act to any implementing bill
submitted with respect to any trade agreement entered
into under section 103(b) of that Act after June 30,
2018.'', with the blank space being filled with the
name of the resolving House of Congress.
(B) Extension disapproval resolutions--
(i) may be introduced in either House of
Congress by any member of such House; and
(ii) shall be referred, in the House of
Representatives, to the Committee on Ways and
Means and, in addition, to the Committee on
Rules.
(C) The provisions of subsections (d) and (e) of
section 152 of the Trade Act of 1974 (19 U.S.C. 2192)
(relating to the floor consideration of certain
resolutions in the House and Senate) apply to extension
disapproval resolutions.
(D) It is not in order for--
(i) the House of Representatives to consider
any extension disapproval resolution not
reported by the Committee on Ways and Means
and, in addition, by the Committee on Rules;
(ii) the Senate to consider any extension
disapproval resolution not reported by the
Committee on Finance; or
(iii) either House of Congress to consider an
extension disapproval resolution after June 30,
2018.
(d) Commencement of Negotiations.--In order to contribute to
the continued economic expansion of the United States, the
President shall commence negotiations covering tariff and
nontariff barriers affecting any industry, product, or service
sector, and expand existing sectoral agreements to countries
that are not parties to those agreements, in cases where the
President determines that such negotiations are feasible and
timely and would benefit the United States. Such sectors
include agriculture, commercial services, intellectual property
rights, industrial and capital goods, government procurement,
information technology products, environmental technology and
services, medical equipment and services, civil aircraft, and
infrastructure products. In so doing, the President shall take
into account all of the negotiating objectives set forth in
section 102.
SEC. 104. CONGRESSIONAL OVERSIGHT, CONSULTATIONS, AND ACCESS TO
INFORMATION.
(a) Consultations With Members of Congress.--
(1) Consultations during negotiations.--In the course
of negotiations conducted under this title, the United
States Trade Representative shall--
(A) meet upon request with any Member of
Congress regarding negotiating objectives, the
status of negotiations in progress, and the
nature of any changes in the laws of the United
States or the administration of those laws that
may be recommended to Congress to carry out any
trade agreement or any requirement of,
amendment to, or recommendation under, that
agreement;
(B) upon request of any Member of Congress,
provide access to pertinent documents relating
to the negotiations, including classified
materials;
(C) consult closely and on a timely basis
with, and keep fully apprised of the
negotiations, the Committee on Ways and Means
of the House of Representatives and the
Committee on Finance of the Senate;
(D) consult closely and on a timely basis
with, and keep fully apprised of the
negotiations, the House Advisory Group on
Negotiations and the Senate Advisory Group on
Negotiations convened under subsection (c) and
all committees of the House of Representatives
and the Senate with jurisdiction over laws that
could be affected by a trade agreement
resulting from the negotiations; and
(E) with regard to any negotiations and
agreement relating to agricultural trade, also
consult closely and on a timely basis
(including immediately before initialing an
agreement) with, and keep fully apprised of the
negotiations, the Committee on Agriculture of
the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the
Senate.
(2) Consultations prior to entry into force.--Prior
to exchanging notes providing for the entry into force
of a trade agreement, the United States Trade
Representative shall consult closely and on a timely
basis with Members of Congress and committees as
specified in paragraph (1), and keep them fully
apprised of the measures a trading partner has taken to
comply with those provisions of the agreement that are
to take effect on the date that the agreement enters
into force.
(3) Enhanced coordination with congress.--
(A) Written guidelines.--The United States
Trade Representative, in consultation with the
chairmen and the ranking members of the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate, respectively--
(i) shall, not later than 120 days
after the date of the enactment of this
Act, develop written guidelines on
enhanced coordination with Congress,
including coordination with designated
congressional advisers under subsection
(b), regarding negotiations conducted
under this title; and
(ii) may make such revisions to the
guidelines as may be necessary from
time to time.
(B) Content of guidelines.--The guidelines
developed under subparagraph (A) shall enhance
coordination with Congress through procedures
to ensure--
(i) timely briefings upon request of
any Member of Congress regarding
negotiating objectives, the status of
negotiations in progress conducted
under this title, and the nature of any
changes in the laws of the United
States or the administration of those
laws that may be recommended to
Congress to carry out any trade
agreement or any requirement of,
amendment to, or recommendation under,
that agreement; and
(ii) the sharing of detailed and
timely information with Members of
Congress, and their staff with proper
security clearances as appropriate,
regarding those negotiations and
pertinent documents related to those
negotiations (including classified
information), and with committee staff
with proper security clearances as
would be appropriate in the light of
the responsibilities of that committee
over the trade agreements programs
affected by those negotiations.
(C) Dissemination.--The United States Trade
Representative shall disseminate the guidelines
developed under subparagraph (A) to all Federal
agencies that could have jurisdiction over laws
affected by trade negotiations.
(b) Designated Congressional Advisers.--
(1) Designation.--
(A) House of representatives.--In each
Congress, any Member of the House of
Representatives may be designated as a
congressional adviser on trade policy and
negotiations by the Speaker of the House of
Representatives, after consulting with the
chairman and ranking member of the Committee on
Ways and Means and the chairman and ranking
member of the committee from which the Member
will be selected.
(B) Senate.--In each Congress, any Member of
the Senate may be designated as a congressional
adviser on trade policy and negotiations by the
President pro tempore of the Senate, after
consultation with the chairman and ranking
member of the Committee on Finance and the
chairman and ranking member of the committee
from which the Member will be selected.
(2) Consultations with designated congressional
advisers.--In the course of negotiations conducted
under this title, the United States Trade
Representative shall consult closely and on a timely
basis (including immediately before initialing an
agreement) with, and keep fully apprised of the
negotiations, the congressional advisers for trade
policy and negotiations designated under paragraph (1).
(3) Accreditation.--Each Member of Congress
designated as a congressional adviser under paragraph
(1) shall be accredited by the United States Trade
Representative on behalf of the President as an
official adviser to the United States delegations to
international conferences, meetings, and negotiating
sessions relating to trade agreements.
(c) Congressional Advisory Groups on Negotiations.--
(1) In general.--By not later than 60 days after the
date of the enactment of this Act, and not later than
30 days after the convening of each Congress, the
chairman of the Committee on Ways and Means of the
House of Representatives shall convene the House
Advisory Group on Negotiations and the chairman of the
Committee on Finance of the Senate shall convene the
Senate Advisory Group on Negotiations (in this
subsection referred to collectively as the
``congressional advisory groups'').
(2) Members and functions.--
(A) Membership of the house advisory group on
negotiations.--In each Congress, the House
Advisory Group on Negotiations shall be
comprised of the following Members of the House
of Representatives:
(i) The chairman and ranking member
of the Committee on Ways and Means, and
3 additional members of such Committee
(not more than 2 of whom are members of
the same political party).
(ii) The chairman and ranking member,
or their designees, of the committees
of the House of Representatives that
would have, under the Rules of the
House of Representatives, jurisdiction
over provisions of law affected by a
trade agreement negotiation conducted
at any time during that Congress and to
which this title would apply.
(B) Membership of the senate advisory group
on negotiations.--In each Congress, the Senate
Advisory Group on Negotiations shall be
comprised of the following Members of the
Senate:
(i) The chairman and ranking member
of the Committee on Finance and 3
additional members of such Committee
(not more than 2 of whom are members of
the same political party).
(ii) The chairman and ranking member,
or their designees, of the committees
of the Senate that would have, under
the Rules of the Senate, jurisdiction
over provisions of law affected by a
trade agreement negotiation conducted
at any time during that Congress and to
which this title would apply.
(C) Accreditation.--Each member of the
congressional advisory groups described in
subparagraphs (A)(i) and (B)(i) shall be
accredited by the United States Trade
Representative on behalf of the President as an
official adviser to the United States
delegation in negotiations for any trade
agreement to which this title applies. Each
member of the congressional advisory groups
described in subparagraphs (A)(ii) and (B)(ii)
shall be accredited by the United States Trade
Representative on behalf of the President as an
official adviser to the United States
delegation in the negotiations by reason of
which the member is in one of the congressional
advisory groups.
(D) Consultation and advice.--The
congressional advisory groups shall consult
with and provide advice to the Trade
Representative regarding the formulation of
specific objectives, negotiating strategies and
positions, the development of the applicable
trade agreement, and compliance and enforcement
of the negotiated commitments under the trade
agreement.
(E) Chair.--The House Advisory Group on
Negotiations shall be chaired by the Chairman
of the Committee on Ways and Means of the House
of Representatives and the Senate Advisory
Group on Negotiations shall be chaired by the
Chairman of the Committee on Finance of the
Senate.
(F) Coordination with other committees.--
Members of any committee represented on one of
the congressional advisory groups may submit
comments to the member of the appropriate
congressional advisory group from that
committee regarding any matter related to a
negotiation for any trade agreement to which
this title applies.
(3) Guidelines.--
(A) Purpose and revision.--The United States
Trade Representative, in consultation with the
chairmen and the ranking members of the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate, respectively--
(i) shall, not later than 120 days
after the date of the enactment of this
Act, develop written guidelines to
facilitate the useful and timely
exchange of information between the
Trade Representative and the
congressional advisory groups; and
(ii) may make such revisions to the
guidelines as may be necessary from
time to time.
(B) Content.--The guidelines developed under
subparagraph (A) shall provide for, among other
things--
(i) detailed briefings on a fixed
timetable to be specified in the
guidelines of the congressional
advisory groups regarding negotiating
objectives and positions and the status
of the applicable negotiations,
beginning as soon as practicable after
the congressional advisory groups are
convened, with more frequent briefings
as trade negotiations enter the final
stage;
(ii) access by members of the
congressional advisory groups, and
staff with proper security clearances,
to pertinent documents relating to the
negotiations, including classified
materials;
(iii) the closest practicable
coordination between the Trade
Representative and the congressional
advisory groups at all critical periods
during the negotiations, including at
negotiation sites;
(iv) after the applicable trade
agreement is concluded, consultation
regarding ongoing compliance and
enforcement of negotiated commitments
under the trade agreement; and
(v) the timeframe for submitting the
report required under section
105(d)(3).
(4) Request for meeting.--Upon the request of a
majority of either of the congressional advisory
groups, the President shall meet with that
congressional advisory group before initiating
negotiations with respect to a trade agreement, or at
any other time concerning the negotiations.
(d) Consultations With the Public.--
(1) Guidelines for public engagement.--The United
States Trade Representative, in consultation with the
chairmen and the ranking members of the Committee on
Ways and Means of the House of Representatives and the
Committee on Finance of the Senate, respectively--
(A) shall, not later than 120 days after the
date of the enactment of this Act, develop
written guidelines on public access to
information regarding negotiations conducted
under this title; and
(B) may make such revisions to the guidelines
as may be necessary from time to time.
(2) Purposes.--The guidelines developed under
paragraph (1) shall--
(A) facilitate transparency;
(B) encourage public participation; and
(C) promote collaboration in the negotiation
process.
(3) Content.--The guidelines developed under
paragraph (1) shall include procedures that--
(A) provide for rapid disclosure of
information in forms that the public can
readily find and use; and
(B) provide frequent opportunities for public
input through Federal Register requests for
comment and other means.
(4) Dissemination.--The United States Trade
Representative shall disseminate the guidelines
developed under paragraph (1) to all Federal agencies
that could have jurisdiction over laws affected by
trade negotiations.
(e) Consultations With Advisory Committees.--
(1) Guidelines for engagement with advisory
committees.--The United States Trade Representative, in
consultation with the chairmen and the ranking members
of the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate, respectively--
(A) shall, not later than 120 days after the
date of the enactment of this Act, develop
written guidelines on enhanced coordination
with advisory committees established pursuant
to section 135 of the Trade Act of 1974 (19
U.S.C. 2155) regarding negotiations conducted
under this title; and
(B) may make such revisions to the guidelines
as may be necessary from time to time.
(2) Content.--The guidelines developed under
paragraph (1) shall enhance coordination with advisory
committees described in that paragraph through
procedures to ensure--
(A) timely briefings of advisory committees
and regular opportunities for advisory
committees to provide input throughout the
negotiation process on matters relevant to the
sectors or functional areas represented by
those committees; and
(B) the sharing of detailed and timely
information with each member of an advisory
committee regarding negotiations and pertinent
documents related to the negotiation (including
classified information) on matters relevant to
the sectors or functional areas the member
represents, and with a designee with proper
security clearances of each such member as
appropriate.
(3) Dissemination.--The United States Trade
Representative shall disseminate the guidelines
developed under paragraph (1) to all Federal agencies
that could have jurisdiction over laws affected by
trade negotiations.
(f) Establishment of Position of Chief Transparency Officer
in the Office of the United States Trade Representative.--
Section 141(b) of the Trade Act of 1974 (19 U.S.C. 2171(b)) is
amended--
(1) by redesignating paragraph (3) as paragraph (4);
and
(2) by inserting after paragraph (2) the following:
``(3) There shall be in the Office one Chief Transparency
Officer. The Chief Transparency Officer shall consult with
Congress on transparency policy, coordinate transparency in
trade negotiations, engage and assist the public, and advise
the United States Trade Representative on transparency
policy.''.
SEC. 105. NOTICE, CONSULTATIONS, AND REPORTS.
(a) Notice, Consultations, and Reports Before Negotiation.--
(1) Notice.--The President, with respect to any
agreement that is subject to the provisions of section
103(b), shall--
(A) provide, at least 90 calendar days before
initiating negotiations with a country, written
notice to Congress of the President's intention
to enter into the negotiations with that
country and set forth in the notice the date on
which the President intends to initiate those
negotiations, the specific United States
objectives for the negotiations with that
country, and whether the President intends to
seek an agreement, or changes to an existing
agreement;
(B) before and after submission of the
notice, consult regarding the negotiations with
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate, such other committees of the House
and Senate as the President deems appropriate,
and the House Advisory Group on Negotiations
and the Senate Advisory Group on Negotiations
convened under section 104(c);
(C) upon the request of a majority of the
members of either the House Advisory Group on
Negotiations or the Senate Advisory Group on
Negotiations convened under section 104(c),
meet with the requesting congressional advisory
group before initiating the negotiations or at
any other time concerning the negotiations; and
(D) after consulting with the Committee on
Ways and Means and the Committee on Finance,
and at least 30 calendar days before initiating
negotiations with a country, publish on a
publicly available Internet website of the
Office of the United States Trade
Representative, and regularly update
thereafter, a detailed and comprehensive
summary of the specific objectives with respect
to the negotiations, and a description of how
the agreement, if successfully concluded, will
further those objectives and benefit the United
States.
(2) Negotiations regarding agriculture.--
(A) Assessment and consultations following
assessment.--Before initiating or continuing
negotiations the subject matter of which is
directly related to the subject matter under
section 102(b)(3)(B) with any country, the
President shall--
(i) assess whether United States
tariffs on agricultural products that
were bound under the Uruguay Round
Agreements are lower than the tariffs
bound by that country;
(ii) consider whether the tariff
levels bound and applied throughout the
world with respect to imports from the
United States are higher than United
States tariffs and whether the
negotiation provides an opportunity to
address any such disparity; and
(iii) consult with the Committee on
Ways and Means and the Committee on
Agriculture of the House of
Representatives and the Committee on
Finance and the Committee on
Agriculture, Nutrition, and Forestry of
the Senate concerning the results of
the assessment, whether it is
appropriate for the United States to
agree to further tariff reductions
based on the conclusions reached in the
assessment, and how all applicable
negotiating objectives will be met.
(B) Special consultations on import sensitive
products.--(i) Before initiating negotiations
with regard to agriculture and, with respect to
agreements described in paragraphs (2) and (3)
of section 107(a), as soon as practicable after
the date of the enactment of this Act, the
United States Trade Representative shall--
(I) identify those agricultural
products subject to tariff rate quotas
on the date of enactment of this Act,
and agricultural products subject to
tariff reductions by the United States
as a result of the Uruguay Round
Agreements, for which the rate of duty
was reduced on January 1, 1995, to a
rate which was not less than 97.5
percent of the rate of duty that
applied to such article on December 31,
1994;
(II) consult with the Committee on
Ways and Means and the Committee on
Agriculture of the House of
Representatives and the Committee on
Finance and the Committee on
Agriculture, Nutrition, and Forestry of
the Senate concerning--
(aa) whether any further
tariff reductions on the
products identified under
subclause (I) should be
appropriate, taking into
account the impact of any such
tariff reduction on the United
States industry producing the
product concerned;
(bb) whether the products so
identified face unjustified
sanitary or phytosanitary
restrictions, including those
not based on scientific
principles in contravention of
the Uruguay Round Agreements;
and
(cc) whether the countries
participating in the
negotiations maintain export
subsidies or other programs,
policies, or practices that
distort world trade in such
products and the impact of such
programs, policies, and
practices on United States
producers of the products;
(III) request that the International
Trade Commission prepare an assessment
of the probable economic effects of any
such tariff reduction on the United
States industry producing the product
concerned and on the United States
economy as a whole; and
(IV) upon complying with subclauses
(I), (II), and (III), notify the
Committee on Ways and Means and the
Committee on Agriculture of the House
of Representatives and the Committee on
Finance and the Committee on
Agriculture, Nutrition, and Forestry of
the Senate of those products identified
under subclause (I) for which the Trade
Representative intends to seek tariff
liberalization in the negotiations and
the reasons for seeking such tariff
liberalization.
(ii) If, after negotiations described in
clause (i) are commenced--
(I) the United States Trade
Representative identifies any
additional agricultural product
described in clause (i)(I) for tariff
reductions which were not the subject
of a notification under clause (i)(IV),
or
(II) any additional agricultural
product described in clause (i)(I) is
the subject of a request for tariff
reductions by a party to the
negotiations,
the Trade Representative shall, as soon as
practicable, notify the committees referred to
in clause (i)(IV) of those products and the
reasons for seeking such tariff reductions.
(3) Negotiations regarding the fishing industry.--
Before initiating, or continuing, negotiations that
directly relate to fish or shellfish trade with any
country, the President shall consult with the Committee
on Ways and Means and the Committee on Natural
Resources of the House of Representatives, and the
Committee on Finance and the Committee on Commerce,
Science, and Transportation of the Senate, and shall
keep the Committees apprised of the negotiations on an
ongoing and timely basis.
(4) Negotiations regarding textiles.--Before
initiating or continuing negotiations the subject
matter of which is directly related to textiles and
apparel products with any country, the President
shall--
(A) assess whether United States tariffs on
textile and apparel products that were bound
under the Uruguay Round Agreements are lower
than the tariffs bound by that country and
whether the negotiation provides an opportunity
to address any such disparity; and
(B) consult with the Committee on Ways and
Means of the House of Representatives and the
Committee on Finance of the Senate concerning
the results of the assessment, whether it is
appropriate for the United States to agree to
further tariff reductions based on the
conclusions reached in the assessment, and how
all applicable negotiating objectives will be
met.
(5) Adherence to existing international trade and
investment agreement obligations.--In determining
whether to enter into negotiations with a particular
country, the President shall take into account the
extent to which that country has implemented, or has
accelerated the implementation of, its international
trade and investment commitments to the United States,
including pursuant to the WTO Agreement.
(b) Consultation With Congress Before Entry Into Agreement.--
(1) Consultation.--Before entering into any trade
agreement under section 103(b), the President shall
consult with--
(A) the Committee on Ways and Means of the
House of Representatives and the Committee on
Finance of the Senate;
(B) each other committee of the House and the
Senate, and each joint committee of Congress,
which has jurisdiction over legislation
involving subject matters which would be
affected by the trade agreement; and
(C) the House Advisory Group on Negotiations
and the Senate Advisory Group on Negotiations
convened under section 104(c).
(2) Scope.--The consultation described in paragraph
(1) shall include consultation with respect to--
(A) the nature of the agreement;
(B) how and to what extent the agreement will
achieve the applicable purposes, policies,
priorities, and objectives of this title; and
(C) the implementation of the agreement under
section 106, including the general effect of
the agreement on existing laws.
(3) Report regarding united states trade remedy
laws.--
(A) Changes in certain trade laws.--The
President, not less than 180 calendar days
before the day on which the President enters
into a trade agreement under section 103(b),
shall report to the Committee on Ways and Means
of the House of Representatives and the
Committee on Finance of the Senate--
(i) the range of proposals advanced
in the negotiations with respect to
that agreement, that may be in the
final agreement, and that could require
amendments to title VII of the Tariff
Act of 1930 (19 U.S.C. 1671 et seq.) or
to chapter 1 of title II of the Trade
Act of 1974 (19 U.S.C. 2251 et seq.);
and
(ii) how these proposals relate to
the objectives described in section
102(b)(16).
(B) Resolutions.--(i) At any time after the
transmission of the report under subparagraph
(A), if a resolution is introduced with respect
to that report in either House of Congress, the
procedures set forth in clauses (iii) through
(vii) shall apply to that resolution if--
(I) no other resolution with respect
to that report has previously been
reported in that House of Congress by
the Committee on Ways and Means or the
Committee on Finance, as the case may
be, pursuant to those procedures; and
(II) no procedural disapproval
resolution under section 106(b)
introduced with respect to a trade
agreement entered into pursuant to the
negotiations to which the report under
subparagraph (A) relates has previously
been reported in that House of Congress
by the Committee on Ways and Means or
the Committee on Finance, as the case
may be.
(ii) For purposes of this subparagraph, the
term ``resolution'' means only a resolution of
either House of Congress, the matter after the
resolving clause of which is as follows: ``That
the ____ finds that the proposed changes to
United States trade remedy laws contained in
the report of the President transmitted to
Congress on ____ under section 105(b)(3) of the
Bipartisan Congressional Trade Priorities and
Accountability Act of 2015 with respect to
____, are inconsistent with the negotiating
objectives described in section 102(b)(16) of
that Act.'', with the first blank space being
filled with the name of the resolving House of
Congress, the second blank space being filled
with the appropriate date of the report, and
the third blank space being filled with the
name of the country or countries involved.
(iii) Resolutions in the House of
Representatives--
(I) may be introduced by any Member
of the House;
(II) shall be referred to the
Committee on Ways and Means and, in
addition, to the Committee on Rules;
and
(III) may not be amended by either
Committee.
(iv) Resolutions in the Senate--
(I) may be introduced by any Member
of the Senate;
(II) shall be referred to the
Committee on Finance; and
(III) may not be amended.
(v) It is not in order for the House of
Representatives to consider any resolution that
is not reported by the Committee on Ways and
Means and, in addition, by the Committee on
Rules.
(vi) It is not in order for the Senate to
consider any resolution that is not reported by
the Committee on Finance.
(vii) The provisions of subsections (d) and
(e) of section 152 of the Trade Act of 1974 (19
U.S.C. 2192) (relating to floor consideration
of certain resolutions in the House and Senate)
shall apply to resolutions.
(4) Advisory committee reports.--The report required
under section 135(e)(1) of the Trade Act of 1974 (19
U.S.C. 2155(e)(1)) regarding any trade agreement
entered into under subsection (a) or (b) of section 103
shall be provided to the President, Congress, and the
United States Trade Representative not later than 30
days after the date on which the President notifies
Congress under section 103(a)(2) or 106(a)(1)(A) of the
intention of the President to enter into the agreement.
(c) International Trade Commission Assessment.--
(1) Submission of information to commission.--The
President, not later than 90 calendar days before the
day on which the President enters into a trade
agreement under section 103(b), shall provide the
International Trade Commission (referred to in this
subsection as the ``Commission'') with the details of
the agreement as it exists at that time and request the
Commission to prepare and submit an assessment of the
agreement as described in paragraph (2). Between the
time the President makes the request under this
paragraph and the time the Commission submits the
assessment, the President shall keep the Commission
current with respect to the details of the agreement.
(2) Assessment.--Not later than 105 calendar days
after the President enters into a trade agreement under
section 103(b), the Commission shall submit to the
President and Congress a report assessing the likely
impact of the agreement on the United States economy as
a whole and on specific industry sectors, including the
impact the agreement will have on the gross domestic
product, exports and imports, aggregate employment and
employment opportunities, the production, employment,
and competitive position of industries likely to be
significantly affected by the agreement, and the
interests of United States consumers.
(3) Review of empirical literature.--In preparing the
assessment under paragraph (2), the Commission shall
review available economic assessments regarding the
agreement, including literature regarding any
substantially equivalent proposed agreement, and shall
provide in its assessment a description of the analyses
used and conclusions drawn in such literature, and a
discussion of areas of consensus and divergence between
the various analyses and conclusions, including those
of the Commission regarding the agreement.
(4) Public availability.--The President shall make
each assessment under paragraph (2) available to the
public.
(d) Reports Submitted to Committees With Agreement.--
(1) Environmental reviews and reports.--The President
shall--
(A) conduct environmental reviews of future
trade and investment agreements, consistent
with Executive Order 13141 (64 Fed. Reg.
63169), dated November 16, 1999, and its
relevant guidelines; and
(B) submit a report on those reviews and on
the content and operation of consultative
mechanisms established pursuant to section
102(c) to the Committee on Ways and Means of
the House of Representatives and the Committee
on Finance of the Senate at the time the
President submits to Congress a copy of the
final legal text of an agreement pursuant to
section 106(a)(1)(E).
(2) Employment impact reviews and reports.--The
President shall--
(A) review the impact of future trade
agreements on United States employment,
including labor markets, modeled after
Executive Order 13141 (64 Fed. Reg. 63169) to
the extent appropriate in establishing
procedures and criteria; and
(B) submit a report on such reviews to the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate at the time the President submits to
Congress a copy of the final legal text of an
agreement pursuant to section 106(a)(1)(E).
(3) Report on labor rights.--The President shall
submit to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the
Senate, on a timeframe determined in accordance with
section 104(c)(3)(B)(v)--
(A) a meaningful labor rights report of the
country, or countries, with respect to which
the President is negotiating; and
(B) a description of any provisions that
would require changes to the labor laws and
labor practices of the United States.
(4) Public availability.--The President shall make
all reports required under this subsection available to
the public.
(e) Implementation and Enforcement Plan.--
(1) In general.--At the time the President submits to
Congress a copy of the final legal text of an agreement
pursuant to section 106(a)(1)(E), the President shall
also submit to Congress a plan for implementing and
enforcing the agreement.
(2) Elements.--The implementation and enforcement
plan required by paragraph (1) shall include the
following:
(A) Border personnel requirements.--A
description of additional personnel required at
border entry points, including a list of
additional customs and agricultural inspectors.
(B) Agency staffing requirements.--A
description of additional personnel required by
Federal agencies responsible for monitoring and
implementing the trade agreement, including
personnel required by the Office of the United
States Trade Representative, the Department of
Commerce, the Department of Agriculture
(including additional personnel required to
implement sanitary and phytosanitary measures
in order to obtain market access for United
States exports), the Department of Homeland
Security, the Department of the Treasury, and
such other agencies as may be necessary.
(C) Customs infrastructure requirements.--A
description of the additional equipment and
facilities needed by U.S. Customs and Border
Protection.
(D) Impact on state and local governments.--A
description of the impact the trade agreement
will have on State and local governments as a
result of increases in trade.
(E) Cost analysis.--An analysis of the costs
associated with each of the items listed in
subparagraphs (A) through (D).
(3) Budget submission.--The President shall include a
request for the resources necessary to support the plan
required by paragraph (1) in the first budget of the
President submitted to Congress under section 1105(a)
of title 31, United States Code, after the date of the
submission of the plan.
(4) Public availability.--The President shall make
the plan required under this subsection available to
the public.
(f) Other Reports.--
(1) Report on penalties.--Not later than one year
after the imposition by the United States of a penalty
or remedy permitted by a trade agreement to which this
title applies, the President shall submit to the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate a report on the effectiveness of the penalty or
remedy applied under United States law in enforcing
United States rights under the trade agreement, which
shall address whether the penalty or remedy was
effective in changing the behavior of the targeted
party and whether the penalty or remedy had any adverse
impact on parties or interests not party to the
dispute.
(2) Report on impact of trade promotion authority.--
Not later than one year after the date of the enactment
of this Act, and not later than 5 years thereafter, the
United States International Trade Commission shall
submit to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the
Senate a report on the economic impact on the United
States of all trade agreements with respect to which
Congress has enacted an implementing bill under trade
authorities procedures since January 1, 1984.
(3) Enforcement consultations and reports.--(A) The
United States Trade Representative shall consult with
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate after acceptance of a petition for review or
taking an enforcement action in regard to an obligation
under a trade agreement, including a labor or
environmental obligation. During such consultations,
the United States Trade Representative shall describe
the matter, including the basis for such action and the
application of any relevant legal obligations.
(B) As part of the report required pursuant to
section 163 of the Trade Act of 1974 (19 U.S.C. 2213),
the President shall report annually to Congress on
enforcement actions taken pursuant to a trade agreement
to which the United States is a party, as well as on
any public reports issued by Federal agencies on
enforcement matters relating to a trade agreement.
(g) Additional Coordination With Members.--Any Member of the
House of Representatives may submit to the Committee on Ways
and Means of the House of Representatives and any Member of the
Senate may submit to the Committee on Finance of the Senate the
views of that Member on any matter relevant to a proposed trade
agreement, and the relevant Committee shall receive those views
for consideration.
SEC. 106. IMPLEMENTATION OF TRADE AGREEMENTS.
(a) In General.--
(1) Notification and submission.--Any agreement
entered into under section 103(b) shall enter into
force with respect to the United States if (and only
if)--
(A) the President, at least 90 calendar days
before the day on which the President enters
into the trade agreement, notifies the House of
Representatives and the Senate of the
President's intention to enter into the
agreement, and promptly thereafter publishes
notice of such intention in the Federal
Register;
(B) the President, at least 60 days before
the day on which the President enters into the
agreement, publishes the text of the agreement
on a publicly available Internet website of the
Office of the United States Trade
Representative;
(C) within 60 days after entering into the
agreement, the President submits to Congress a
description of those changes to existing laws
that the President considers would be required
in order to bring the United States into
compliance with the agreement;
(D) the President, at least 30 days before
submitting to Congress the materials under
subparagraph (E), submits to Congress--
(i) a draft statement of any
administrative action proposed to
implement the agreement; and
(ii) a copy of the final legal text
of the agreement;
(E) after entering into the agreement, the
President submits to Congress, on a day on
which both Houses of Congress are in session, a
copy of the final legal text of the agreement,
together with--
(i) a draft of an implementing bill
described in section 103(b)(3);
(ii) a statement of any
administrative action proposed to
implement the trade agreement; and
(iii) the supporting information
described in paragraph (2)(A);
(F) the implementing bill is enacted into
law; and
(G) the President, not later than 30 days
before the date on which the agreement enters
into force with respect to a party to the
agreement, submits written notice to Congress
that the President has determined that the
party has taken measures necessary to comply
with those provisions of the agreement that are
to take effect on the date on which the
agreement enters into force.
(2) Supporting information.--
(A) In general.--The supporting information
required under paragraph (1)(E)(iii) consists
of--
(i) an explanation as to how the
implementing bill and proposed
administrative action will change or
affect existing law; and
(ii) a statement--
(I) asserting that the
agreement makes progress in
achieving the applicable
purposes, policies, priorities,
and objectives of this title;
and
(II) setting forth the
reasons of the President
regarding--
(aa) how and to what
extent the agreement
makes progress in
achieving the
applicable purposes,
policies, and
objectives referred to
in subclause (I);
(bb) whether and how
the agreement changes
provisions of an
agreement previously
negotiated;
(cc) how the
agreement serves the
interests of United
States commerce; and
(dd) how the
implementing bill meets
the standards set forth
in section 103(b)(3).
(B) Public availability.--The President shall
make the supporting information described in
subparagraph (A) available to the public.
(3) Reciprocal benefits.--In order to ensure that a
foreign country that is not a party to a trade
agreement entered into under section 103(b) does not
receive benefits under the agreement unless the country
is also subject to the obligations under the agreement,
the implementing bill submitted with respect to the
agreement shall provide that the benefits and
obligations under the agreement apply only to the
parties to the agreement, if such application is
consistent with the terms of the agreement. The
implementing bill may also provide that the benefits
and obligations under the agreement do not apply
uniformly to all parties to the agreement, if such
application is consistent with the terms of the
agreement.
(4) Disclosure of commitments.--Any agreement or
other understanding with a foreign government or
governments (whether oral or in writing) that--
(A) relates to a trade agreement with respect
to which Congress enacts an implementing bill
under trade authorities procedures; and
(B) is not disclosed to Congress before an
implementing bill with respect to that
agreement is introduced in either House of
Congress,
shall not be considered to be part of the agreement
approved by Congress and shall have no force and effect
under United States law or in any dispute settlement
body.
(b) Limitations on Trade Authorities Procedures.--
(1) For lack of notice or consultations.--
(A) In general.--The trade authorities
procedures shall not apply to any implementing
bill submitted with respect to a trade
agreement or trade agreements entered into
under section 103(b) if during the 60-day
period beginning on the date that one House of
Congress agrees to a procedural disapproval
resolution for lack of notice or consultations
with respect to such trade agreement or
agreements, the other House separately agrees
to a procedural disapproval resolution with
respect to such trade agreement or agreements.
(B) Procedural disapproval resolution.--(i)
For purposes of this paragraph, the term
``procedural disapproval resolution'' means a
resolution of either House of Congress, the
sole matter after the resolving clause of which
is as follows: ``That the President has failed
or refused to notify or consult in accordance
with the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015 on
negotiations with respect to ________ and,
therefore, the trade authorities procedures
under that Act shall not apply to any
implementing bill submitted with respect to
such trade agreement or agreements.'', with the
blank space being filled with a description of
the trade agreement or agreements with respect
to which the President is considered to have
failed or refused to notify or consult.
(ii) For purposes of clause (i) and
paragraphs (3)(C) and (4)(C), the President has
``failed or refused to notify or consult in
accordance with the Bipartisan Congressional
Trade Priorities and Accountability Act of
2015'' on negotiations with respect to a trade
agreement or trade agreements if--
(I) the President has failed or
refused to consult (as the case may be)
in accordance with sections 104 and 105
and this section with respect to the
negotiations, agreement, or agreements;
(II) guidelines under section 104
have not been developed or met with
respect to the negotiations, agreement,
or agreements;
(III) the President has not met with
the House Advisory Group on
Negotiations or the Senate Advisory
Group on Negotiations pursuant to a
request made under section 104(c)(4)
with respect to the negotiations,
agreement, or agreements; or
(IV) the agreement or agreements fail
to make progress in achieving the
purposes, policies, priorities, and
objectives of this title.
(2) Procedures for considering resolutions.--(A)
Procedural disapproval resolutions--
(i) in the House of Representatives--
(I) may be introduced by any Member
of the House;
(II) shall be referred to the
Committee on Ways and Means and, in
addition, to the Committee on Rules;
and
(III) may not be amended by either
Committee; and
(ii) in the Senate--
(I) may be introduced by any Member
of the Senate;
(II) shall be referred to the
Committee on Finance; and
(III) may not be amended.
(B) The provisions of subsections (d) and (e) of
section 152 of the Trade Act of 1974 (19 U.S.C. 2192)
(relating to the floor consideration of certain
resolutions in the House and Senate) apply to a
procedural disapproval resolution introduced with
respect to a trade agreement if no other procedural
disapproval resolution with respect to that trade
agreement has previously been reported in that House of
Congress by the Committee on Ways and Means or the
Committee on Finance, as the case may be, and if no
resolution described in clause (ii) of section
105(b)(3)(B) with respect to that trade agreement has
been reported in that House of Congress by the
Committee on Ways and Means or the Committee on
Finance, as the case may be, pursuant to the procedures
set forth in clauses (iii) through (vii) of such
section.
(C) It is not in order for the House of
Representatives to consider any procedural disapproval
resolution not reported by the Committee on Ways and
Means and, in addition, by the Committee on Rules.
(D) It is not in order for the Senate to consider any
procedural disapproval resolution not reported by the
Committee on Finance.
(3) Consideration in senate of consultation and
compliance resolution to remove trade authorities
procedures.--
(A) Reporting of resolution.--If, when the
Committee on Finance of the Senate meets on
whether to report an implementing bill with
respect to a trade agreement or agreements
entered into under section 103(b), the
committee fails to favorably report the bill,
the committee shall report a resolution
described in subparagraph (C).
(B) Applicability of trade authorities
procedures.--The trade authorities procedures
shall not apply in the Senate to any
implementing bill submitted with respect to a
trade agreement or agreements described in
subparagraph (A) if the Committee on Finance
reports a resolution described in subparagraph
(C) and such resolution is agreed to by the
Senate.
(C) Resolution described.--A resolution
described in this subparagraph is a resolution
of the Senate originating from the Committee on
Finance the sole matter after the resolving
clause of which is as follows: ``That the
President has failed or refused to notify or
consult in accordance with the Bipartisan
Congressional Trade Priorities and
Accountability Act of 2015 on negotiations with
respect to _____ and, therefore, the trade
authorities procedures under that Act shall not
apply in the Senate to any implementing bill
submitted with respect to such trade agreement
or agreements.'', with the blank space being
filled with a description of the trade
agreement or agreements described in
subparagraph (A).
(D) Procedures.--If the Senate does not agree
to a motion to invoke cloture on the motion to
proceed to a resolution described in
subparagraph (C), the resolution shall be
committed to the Committee on Finance.
(4) Consideration in the house of representatives of
a consultation and compliance resolution.--
(A) Qualifications for reporting
resolution.--If--
(i) the Committee on Ways and Means
of the House of Representatives reports
an implementing bill with respect to a
trade agreement or agreements entered
into under section 103(b) with other
than a favorable recommendation; and
(ii) a Member of the House of
Representatives has introduced a
consultation and compliance resolution
on the legislative day following the
filing of a report to accompany the
implementing bill with other than a
favorable recommendation,
then the Committee on Ways and Means shall
consider a consultation and compliance
resolution pursuant to subparagraph (B).
(B) Committee consideration of a qualifying
resolution.--(i) Not later than the fourth
legislative day after the date of introduction
of the resolution, the Committee on Ways and
Means shall meet to consider a resolution
meeting the qualifications set forth in
subparagraph (A).
(ii) After consideration of one such
resolution by the Committee on Ways and Means,
this subparagraph shall not apply to any other
such resolution.
(iii) If the Committee on Ways and Means has
not reported the resolution by the sixth
legislative day after the date of its
introduction, that committee shall be
discharged from further consideration of the
resolution.
(C) Consultation and compliance resolution
described.--A consultation and compliance
resolution--
(i) is a resolution of the House of
Representatives, the sole matter after
the resolving clause of which is as
follows: ``That the President has
failed or refused to notify or consult
in accordance with the Bipartisan
Congressional Trade Priorities and
Accountability Act of 2015 on
negotiations with respect to _____ and,
therefore, the trade authorities
procedures under that Act shall not
apply in the House of Representatives
to any implementing bill submitted with
respect to such trade agreement or
agreements.'', with the blank space
being filled with a description of the
trade agreement or agreements described
in subparagraph (A); and
(ii) shall be referred to the
Committee on Ways and Means.
(D) Applicability of trade authorities
procedures.--The trade authorities procedures
shall not apply in the House of Representatives
to any implementing bill submitted with respect
to a trade agreement or agreements which are
the object of a consultation and compliance
resolution if such resolution is adopted by the
House.
(5) For failure to meet other requirements.--Not
later than December 15, 2015, the Secretary of
Commerce, in consultation with the Secretary of State,
the Secretary of the Treasury, the Attorney General,
and the United States Trade Representative, shall
transmit to Congress a report setting forth the
strategy of the executive branch to address concerns of
Congress regarding whether dispute settlement panels
and the Appellate Body of the World Trade Organization
have added to obligations, or diminished rights, of the
United States, as described in section 102(b)(15)(C).
Trade authorities procedures shall not apply to any
implementing bill with respect to an agreement
negotiated under the auspices of the World Trade
Organization unless the Secretary of Commerce has
issued such report by the deadline specified in this
paragraph.
(6) Limitations on procedures with respect to
agreements with countries not in compliance with
trafficking victims protection act of 2000.--
(A) In general.--The trade authorities
procedures shall not apply to any implementing
bill submitted with respect to a trade
agreement or trade agreements entered into
under section 103(b) with a country to which
the minimum standards for the elimination of
trafficking are applicable and the government
of which does not fully comply with such
standards and is not making significant efforts
to bring the country into compliance (commonly
referred to as a ``tier 3'' country), as
determined in the most recent annual report on
trafficking in persons submitted under section
110(b)(1) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7107(b)(1)).
(B) Minimum standards for the elimination of
trafficking defined.--In this paragraph, the
term ``minimum standards for the elimination of
trafficking'' means the standards set forth in
section 108 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7106).
(c) Rules of House of Representatives and Senate.--Subsection
(b) of this section, section 103(c), and section 105(b)(3) are
enacted by Congress--
(1) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such are deemed a part of the rules of each
House, respectively, and such procedures supersede
other rules only to the extent that they are
inconsistent with such other rules; and
(2) with the full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedures of that House) at any time,
in the same manner, and to the same extent as any other
rule of that House.
SEC. 107. TREATMENT OF CERTAIN TRADE AGREEMENTS FOR WHICH NEGOTIATIONS
HAVE ALREADY BEGUN.
(a) Certain Agreements.--Notwithstanding the prenegotiation
notification and consultation requirement described in section
105(a), if an agreement to which section 103(b) applies--
(1) is entered into under the auspices of the World
Trade Organization,
(2) is entered into with the Trans-Pacific
Partnership countries with respect to which
notifications have been made in a manner consistent
with section 105(a)(1)(A) as of the date of the
enactment of this Act,
(3) is entered into with the European Union,
(4) is an agreement with respect to international
trade in services entered into with WTO members with
respect to which a notification has been made in a
manner consistent with section 105(a)(1)(A) as of the
date of the enactment of this Act, or
(5) is an agreement with respect to environmental
goods entered into with WTO members with respect to
which a notification has been made in a manner
consistent with section 105(a)(1)(A) as of the date of
the enactment of this Act,
and results from negotiations that were commenced before the
date of the enactment of this Act, subsection (b) shall apply.
(b) Treatment of Agreements.--In the case of any agreement to
which subsection (a) applies, the applicability of the trade
authorities procedures to implementing bills shall be
determined without regard to the requirements of section 105(a)
(relating only to notice prior to initiating negotiations), and
any resolution under paragraph (1)(B), (3)(C), or (4)(C) of
section 106(b) shall not be in order on the basis of a failure
or refusal to comply with the provisions of section 105(a), if
(and only if) the President, as soon as feasible after the date
of the enactment of this Act--
(1) notifies Congress of the negotiations described
in subsection (a), the specific United States
objectives in the negotiations, and whether the
President is seeking a new agreement or changes to an
existing agreement; and
(2) before and after submission of the notice,
consults regarding the negotiations with the committees
referred to in section 105(a)(1)(B) and the House and
Senate Advisory Groups on Negotiations convened under
section 104(c).
SEC. 108. SOVEREIGNTY.
(a) United States Law To Prevail in Event of Conflict.--No
provision of any trade agreement entered into under section
103(b), nor the application of any such provision to any person
or circumstance, that is inconsistent with any law of the
United States, any State of the United States, or any locality
of the United States shall have effect.
(b) Amendments or Modifications of United States Law.--No
provision of any trade agreement entered into under section
103(b) shall prevent the United States, any State of the United
States, or any locality of the United States from amending or
modifying any law of the United States, that State, or that
locality (as the case may be).
(c) Dispute Settlement Reports.--Reports, including findings
and recommendations, issued by dispute settlement panels
convened pursuant to any trade agreement entered into under
section 103(b) shall have no binding effect on the law of the
United States, the Government of the United States, or the law
or government of any State or locality of the United States.
SEC. 109. INTERESTS OF SMALL BUSINESSES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States Trade Representative should
facilitate participation by small businesses in the
trade negotiation process; and
(2) the functions of the Office of the United States
Trade Representative relating to small businesses
should continue to be reflected in the title of the
Assistant United States Trade Representative assigned
the responsibility for small businesses.
(b) Consideration of Small Business Interests.--The Assistant
United States Trade Representative for Small Business, Market
Access, and Industrial Competitiveness shall be responsible for
ensuring that the interests of small businesses are considered
in all trade negotiations in accordance with the objective
described in section 102(a)(8).
SEC. 110. CONFORMING AMENDMENTS; APPLICATION OF CERTAIN PROVISIONS.
(a) Conforming Amendments.--
(1) Advice from united states international trade
commission.--Section 131 of the Trade Act of 1974 (19
U.S.C. 2151) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking
``section 2103(a) or (b) of the
Bipartisan Trade Promotion Authority
Act of 2002'' and inserting
``subsection (a) or (b) of section 103
of the Bipartisan Congressional Trade
Priorities and Accountability Act of
2015''; and
(ii) in paragraph (2), by striking
``section 2103(b) of the Bipartisan
Trade Promotion Authority Act of 2002''
and inserting ``section 103(b) of the
Bipartisan Congressional Trade
Priorities and Accountability Act of
2015'';
(B) in subsection (b), by striking ``section
2103(a)(3)(A) of the Bipartisan Trade Promotion
Authority Act of 2002'' and inserting ``section
103(a)(4)(A) of the Bipartisan Congressional
Trade Priorities and Accountability Act of
2015''; and
(C) in subsection (c), by striking ``section
2103 of the Bipartisan Trade Promotion
Authority Act of 2002'' and inserting ``section
103(a) of the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015''.
(2) Hearings.--Section 132 of the Trade Act of 1974
(19 U.S.C. 2152) is amended by striking ``section 2103
of the Bipartisan Trade Promotion Authority Act of
2002'' and inserting ``section 103 of the Bipartisan
Congressional Trade Priorities and Accountability Act
of 2015''.
(3) Public hearings.--Section 133(a) of the Trade Act
of 1974 (19 U.S.C. 2153(a)) is amended by striking
``section 2103 of the Bipartisan Trade Promotion
Authority Act of 2002'' and inserting ``section 103 of
the Bipartisan Congressional Trade Priorities and
Accountability Act of 2015''.
(4) Prerequisites for offers.--Section 134 of the
Trade Act of 1974 (19 U.S.C. 2154) is amended by
striking ``section 2103 of the Bipartisan Trade
Promotion Authority Act of 2002'' each place it appears
and inserting ``section 103 of the Bipartisan
Congressional Trade Priorities and Accountability Act
of 2015''.
(5) Information and advice from private and public
sectors.--Section 135 of the Trade Act of 1974 (19
U.S.C. 2155) is amended--
(A) in subsection (a)(1)(A), by striking
``section 2103 of the Bipartisan Trade
Promotion Authority Act of 2002'' and inserting
``section 103 of the Bipartisan Congressional
Trade Priorities and Accountability Act of
2015''; and
(B) in subsection (e)--
(i) in paragraph (1)--
(I) by striking ``section
2103 of the Bipartisan Trade
Promotion Authority Act of
2002'' each place it appears
and inserting ``section 103 of
the Bipartisan Congressional
Trade Priorities and
Accountability Act of 2015'';
and
(II) by striking ``not later
than the date on which the
President notifies the Congress
under section 2105(a)(1)(A) of
the Bipartisan Trade Promotion
Authority Act of 2002'' and
inserting ``not later than the
date that is 30 days after the
date on which the President
notifies Congress under section
106(a)(1)(A) of the Bipartisan
Congressional Trade Priorities
and Accountability Act of
2015''; and
(ii) in paragraph (2), by striking
``section 2102 of the Bipartisan Trade
Promotion Authority Act of 2002'' and
inserting ``section 102 of the
Bipartisan Congressional Trade
Priorities and Accountability Act of
2015''.
(6) Procedures relating to implementing bills.--
Section 151 of the Trade Act of 1974 (19 U.S.C. 2191)
is amended--
(A) in subsection (b)(1), in the matter
preceding subparagraph (A), by striking
``section 2105(a)(1) of the Bipartisan Trade
Promotion Authority Act of 2002'' and inserting
``section 106(a)(1) of the Bipartisan
Congressional Trade Priorities and
Accountability Act of 2015''; and
(B) in subsection (c)(1), by striking
``section 2105(a)(1) of the Bipartisan Trade
Promotion Authority Act of 2002'' and inserting
``section 106(a)(1) of the Bipartisan
Congressional Trade Priorities and
Accountability Act of 2015''.
(7) Transmission of agreements to congress.--Section
162(a) of the Trade Act of 1974 (19 U.S.C. 2212(a)) is
amended by striking ``section 2103 of the Bipartisan
Trade Promotion Authority Act of 2002'' and inserting
``section 103 of the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015''.
(b) Application of Certain Provisions.--For purposes of
applying sections 125, 126, and 127 of the Trade Act of 1974
(19 U.S.C. 2135, 2136, and 2137)--
(1) any trade agreement entered into under section
103 shall be treated as an agreement entered into under
section 101 or 102 of the Trade Act of 1974 (19 U.S.C.
2111 or 2112), as appropriate; and
(2) any proclamation or Executive order issued
pursuant to a trade agreement entered into under
section 103 shall be treated as a proclamation or
Executive order issued pursuant to a trade agreement
entered into under section 102 of the Trade Act of 1974
(19 U.S.C. 2112).
SEC. 111. DEFINITIONS.
In this title:
(1) Agreement on agriculture.--The term ``Agreement
on Agriculture'' means the agreement referred to in
section 101(d)(2) of the Uruguay Round Agreements Act
(19 U.S.C. 3511(d)(2)).
(2) Agreement on safeguards.--The term ``Agreement on
Safeguards'' means the agreement referred to in section
101(d)(13) of the Uruguay Round Agreements Act (19
U.S.C. 3511(d)(13)).
(3) Agreement on subsidies and countervailing
measures.--The term ``Agreement on Subsidies and
Countervailing Measures'' means the agreement referred
to in section 101(d)(12) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(12)).
(4) Antidumping agreement.--The term ``Antidumping
Agreement'' means the Agreement on Implementation of
Article VI of the General Agreement on Tariffs and
Trade 1994 referred to in section 101(d)(7) of the
Uruguay Round Agreements Act (19 U.S.C. 3511(d)(7)).
(5) Appellate body.--The term ``Appellate Body''
means the Appellate Body established under Article 17.1
of the Dispute Settlement Understanding.
(6) Common multilateral environmental agreement.--
(A) In general.--The term ``common
multilateral environmental agreement'' means
any agreement specified in subparagraph (B) or
included under subparagraph (C) to which both
the United States and one or more other parties
to the negotiations are full parties, including
any current or future mutually agreed upon
protocols, amendments, annexes, or adjustments
to such an agreement.
(B) Agreements specified.--The agreements
specified in this subparagraph are the
following:
(i) The Convention on International
Trade in Endangered Species of Wild
Fauna and Flora, done at Washington
March 3, 1973 (27 UST 1087; TIAS 8249).
(ii) The Montreal Protocol on
Substances that Deplete the Ozone
Layer, done at Montreal September 16,
1987.
(iii) The Protocol of 1978 Relating
to the International Convention for the
Prevention of Pollution from Ships,
1973, done at London February 17, 1978.
(iv) The Convention on Wetlands of
International Importance Especially as
Waterfowl Habitat, done at Ramsar
February 2, 1971 (TIAS 11084).
(v) The Convention on the
Conservation of Antarctic Marine Living
Resources, done at Canberra May 20,
1980 (33 UST 3476).
(vi) The International Convention for
the Regulation of Whaling, done at
Washington December 2, 1946 (62 Stat.
1716).
(vii) The Convention for the
Establishment of an Inter-American
Tropical Tuna Commission, done at
Washington May 31, 1949 (1 UST 230).
(C) Additional agreements.--Both the United
States and one or more other parties to the
negotiations may agree to include any other
multilateral environmental or conservation
agreement to which they are full parties as a
common multilateral environmental agreement
under this paragraph.
(7) Core labor standards.--The term ``core labor
standards'' means--
(A) freedom of association;
(B) the effective recognition of the right to
collective bargaining;
(C) the elimination of all forms of forced or
compulsory labor;
(D) the effective abolition of child labor
and a prohibition on the worst forms of child
labor; and
(E) the elimination of discrimination in
respect of employment and occupation.
(8) Dispute settlement understanding.--The term
``Dispute Settlement Understanding'' means the
Understanding on Rules and Procedures Governing the
Settlement of Disputes referred to in section
101(d)(16) of the Uruguay Round Agreements Act (19
U.S.C. 3511(d)(16)).
(9) Enabling clause.--The term ``Enabling Clause''
means the Decision on Differential and More Favourable
Treatment, Reciprocity and Fuller Participation of
Developing Countries (L/4903), adopted November 28,
1979, under GATT 1947 (as defined in section 2 of the
Uruguay Round Agreements Act (19 U.S.C. 3501)).
(10) Environmental laws.--The term ``environmental
laws'', with respect to the laws of the United States,
means environmental statutes and regulations
enforceable by action of the Federal Government.
(11) GATT 1994.--The term ``GATT 1994'' has the
meaning given that term in section 2 of the Uruguay
Round Agreements Act (19 U.S.C. 3501).
(12) General agreement on trade in services.--The
term ``General Agreement on Trade in Services'' means
the General Agreement on Trade in Services (referred to
in section 101(d)(14) of the Uruguay Round Agreements
Act (19 U.S.C. 3511(d)(14))).
(13) Government procurement agreement.--The term
``Government Procurement Agreement'' means the
Agreement on Government Procurement referred to in
section 101(d)(17) of the Uruguay Round Agreements Act
(19 U.S.C. 3511(d)(17)).
(14) ILO.--The term ``ILO'' means the International
Labor Organization.
(15) Import sensitive agricultural product.--The term
``import sensitive agricultural product'' means an
agricultural product--
(A) with respect to which, as a result of the
Uruguay Round Agreements, the rate of duty was
the subject of tariff reductions by the United
States and, pursuant to such Agreements, was
reduced on January 1, 1995, to a rate that was
not less than 97.5 percent of the rate of duty
that applied to such article on December 31,
1994; or
(B) which was subject to a tariff rate quota
on the date of the enactment of this Act.
(16) Information technology agreement.--The term
``Information Technology Agreement'' means the
Ministerial Declaration on Trade in Information
Technology Products of the World Trade Organization,
agreed to at Singapore December 13, 1996.
(17) Internationally recognized core labor
standards.--The term ``internationally recognized core
labor standards'' means the core labor standards only
as stated in the ILO Declaration on Fundamental
Principles and Rights at Work and its Follow-Up (1998).
(18) Labor laws.--The term ``labor laws'' means the
statutes and regulations, or provisions thereof, of a
party to the negotiations that are directly related to
core labor standards as well as other labor protections
for children and minors and acceptable conditions of
work with respect to minimum wages, hours of work, and
occupational safety and health, and for the United
States, includes Federal statutes and regulations
addressing those standards, protections, or conditions,
but does not include State or local labor laws.
(19) United states person.--The term ``United States
person'' means--
(A) a United States citizen;
(B) a partnership, corporation, or other
legal entity that is organized under the laws
of the United States; and
(C) a partnership, corporation, or other
legal entity that is organized under the laws
of a foreign country and is controlled by
entities described in subparagraph (B) or
United States citizens, or both.
(20) Uruguay round agreements.--The term ``Uruguay
Round Agreements'' has the meaning given that term in
section 2(7) of the Uruguay Round Agreements Act (19
U.S.C. 3501(7)).
(21) World trade organization; wto.--The terms
``World Trade Organization'' and ``WTO'' mean the
organization established pursuant to the WTO Agreement.
(22) WTO agreement.--The term ``WTO Agreement'' means
the Agreement Establishing the World Trade Organization
entered into on April 15, 1994.
(23) WTO member.--The term ``WTO member'' has the
meaning given that term in section 2(10) of the Uruguay
Round Agreements Act (19 U.S.C. 3501(10)).
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