HEY15356 S.L.C. 114TH CONGRESS 1ST SESSION S. ll To establish congressional trade negotiating objectives and enhanced consultation requirements for trade negotiations, to provide for consideration of trade agreements, and for other purposes. IN THE SENATE OF THE UNITED STATES llllllllll introduced the following bill; which was read twice and referred to the Committee on llllllllll A BILL To establish congressional trade negotiating objectives and enhanced consultation requirements for trade negotiations, to provide for consideration of trade agreements, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 4 SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Bipartisan Congres- 5 sional Trade Priorities and Accountability Act of 2015’’. 6 7 SEC. 2. TRADE NEGOTIATING OBJECTIVES. (a) OVERALL TRADE NEGOTIATING OBJECTIVES.— 8 The overall trade negotiating objectives of the United HEY15356 S.L.C. 2 1 States for agreements subject to the provisions of section 2 3 are— 3 4 (1) to obtain more open, equitable, and reciprocal market access; 5 (2) to obtain the reduction or elimination of 6 barriers and distortions that are directly related to 7 trade and investment and that decrease market op- 8 portunities for United States exports or otherwise 9 distort United States trade; 10 (3) to further strengthen the system of inter- 11 national trade and investment disciplines and proce- 12 dures, including dispute settlement; 13 (4) to foster economic growth, raise living 14 standards, enhance the competitiveness of the 15 United States, promote full employment in the 16 United States, and enhance the global economy; 17 (5) to ensure that trade and environmental poli- 18 cies are mutually supportive and to seek to protect 19 and preserve the environment and enhance the inter- 20 national means of doing so, while optimizing the use 21 of the world’s resources; 22 (6) to promote respect for worker rights and 23 the rights of children consistent with core labor 24 standards of the ILO (as set out in section 11(7)) HEY15356 S.L.C. 3 1 and an understanding of the relationship between 2 trade and worker rights; 3 (7) to seek provisions in trade agreements 4 under which parties to those agreements ensure that 5 they do not weaken or reduce the protections af- 6 forded in domestic environmental and labor laws as 7 an encouragement for trade; 8 (8) to ensure that trade agreements afford 9 small businesses equal access to international mar- 10 kets, equitable trade benefits, and expanded export 11 market opportunities, and provide for the reduction 12 or elimination of trade and investment barriers that 13 disproportionately impact small businesses; 14 (9) to promote universal ratification and full 15 compliance with ILO Convention No. 182 Con- 16 cerning the Prohibition and Immediate Action for 17 the Elimination of the Worst Forms of Child Labor; 18 (10) to ensure that trade agreements reflect 19 and facilitate the increasingly interrelated, multi-sec- 20 toral nature of trade and investment activity; 21 (11) to ensure implementation of trade commit- 22 ments and obligations by strengthening good govern- 23 ance, transparency, the effective operation of legal 24 regimes and the rule of law of trading partners of 25 the United States through capacity building and HEY15356 S.L.C. 4 1 other appropriate means, which are important parts 2 of the broader effort to create more open democratic 3 societies and to promote respect for internationally 4 recognized human rights; 5 (12) to recognize the growing significance of 6 the Internet as a trading platform in international 7 commerce; and 8 (13) to take into account other legitimate 9 United States domestic objectives, including, but not 10 limited to, the protection of legitimate health or 11 safety, essential security, and consumer interests 12 and the law and regulations related thereto. 13 (b) PRINCIPAL TRADE NEGOTIATING OBJECTIVES.— 14 (1) TRADE IN GOODS.—The principal negoti- 15 ating objectives of the United States regarding trade 16 in goods are— 17 (A) to expand competitive market opportu- 18 nities for exports of goods from the United 19 States and to obtain fairer and more open con- 20 ditions of trade, including through the utiliza- 21 tion of global value chains, by reducing or elimi- 22 nating tariff and nontariff barriers and policies 23 and practices of foreign governments directly 24 related to trade that decrease market opportu- HEY15356 S.L.C. 5 1 nities for United States exports or otherwise 2 distort United States trade; and 3 (B) to obtain reciprocal tariff and non- 4 tariff barrier elimination agreements, including 5 with respect to those tariff categories covered in 6 section 111(b) of the Uruguay Round Agree- 7 ments Act (19 U.S.C. 3521(b)). 8 (2) TRADE IN SERVICES.—(A) The principal 9 negotiating objective of the United States regarding 10 trade in services is to expand competitive market op- 11 portunities for United States services and to obtain 12 fairer and more open conditions of trade, including 13 through utilization of global value chains, by reduc- 14 ing or eliminating barriers to international trade in 15 services, such as regulatory and other barriers that 16 deny national treatment and market access or un- 17 reasonably restrict the establishment or operations 18 of service suppliers. 19 (B) Recognizing that expansion of trade in 20 services generates benefits for all sectors of the 21 economy and facilitates trade, the objective described 22 in subparagraph (A) should be pursued through all 23 means, including through a plurilateral agreement 24 with those countries willing and able to undertake HEY15356 S.L.C. 6 1 high standard services commitments for both exist- 2 ing and new services. 3 (3) TRADE IN AGRICULTURE.—The principal 4 negotiating objective of the United States with re- 5 spect to agriculture is to obtain competitive opportu- 6 nities for United States exports of agricultural com- 7 modities in foreign markets substantially equivalent 8 to the competitive opportunities afforded foreign ex- 9 ports in United States markets and to achieve fairer 10 and more open conditions of trade in bulk, specialty 11 crop, and value added commodities by— 12 (A) securing more open and equitable mar- 13 ket access through robust rules on sanitary and 14 phytosanitary measures that— 15 (i) encourage the adoption of inter- 16 national standards and require a science- 17 based justification be provided for a sani- 18 tary or phytosanitary measure if the meas- 19 ure is more restrictive than the applicable 20 international standard; 21 (ii) improve regulatory coherence, pro- 22 mote the use of systems-based approaches, 23 and appropriately recognize the equivalence 24 of health and safety protection systems of 25 exporting countries; HEY15356 S.L.C. 7 1 (iii) require that measures are trans- 2 parently developed and implemented, are 3 based on risk assessments that take into 4 account relevant international guidelines 5 and scientific data, and are not more re- 6 strictive on trade than necessary to meet 7 the intended purpose; and 8 (iv) improve import check processes, 9 including testing methodologies and proce- 10 dures, and certification requirements, 11 while recognizing that countries may put in 12 place measures to protect human, animal, or 13 plant life or health in a manner consistent with 14 their international obligations, including the 15 WTO Agreement on the Application of Sanitary 16 and Phytosanitary Measures (referred to in sec- 17 tion 101(d)(3) of the Uruguay Round Agree- 18 ments Act (19 U.S.C. 3511(d)(3))); 19 (B) reducing or eliminating, by a date cer- 20 tain, tariffs or other charges that decrease mar- 21 ket opportunities for United States exports— 22 (i) giving priority to those products 23 that are subject to significantly higher tar- 24 iffs or subsidy regimes of major producing 25 countries; and HEY15356 S.L.C. 8 1 (ii) providing reasonable adjustment 2 periods for United States import sensitive 3 products, in close consultation with Con- 4 gress on such products before initiating 5 tariff reduction negotiations; 6 (C) reducing tariffs to levels that are the 7 same as or lower than those in the United 8 States; 9 (D) reducing or eliminating subsidies that 10 decrease market opportunities for United States 11 exports or unfairly distort agriculture markets 12 to the detriment of the United States; 13 (E) allowing the preservation of programs 14 that support family farms and rural commu- 15 nities but do not distort trade; 16 (F) developing disciplines for domestic sup- 17 port programs, so that production that is in ex- 18 cess of domestic food security needs is sold at 19 world prices; 20 21 22 23 (G) eliminating government policies that create price depressing surpluses; (H) eliminating state trading enterprises whenever possible; 24 (I) developing, strengthening, and clari- 25 fying rules to eliminate practices that unfairly HEY15356 S.L.C. 9 1 decrease United States market access opportu- 2 nities or distort agricultural markets to the det- 3 riment of the United States, and ensuring that 4 such rules are subject to efficient, timely, and 5 effective dispute settlement, including— 6 (i) unfair or trade distorting activities 7 of state trading enterprises and other ad- 8 ministrative mechanisms, with emphasis on 9 requiring price transparency in the oper- 10 ation of state trading enterprises and such 11 other mechanisms in order to end cross 12 subsidization, price discrimination, and 13 price undercutting; 14 (ii) unjustified trade restrictions or 15 commercial requirements, such as labeling, 16 that affect new technologies, including bio- 17 technology; 18 (iii) unjustified sanitary or 19 phytosanitary restrictions, including re- 20 strictions not based on scientific principles 21 in contravention of obligations in the Uru- 22 guay Round Agreements or bilateral or re- 23 gional trade agreements; 24 25 (iv) other unjustified technical barriers to trade; and HEY15356 S.L.C. 10 1 (v) restrictive rules in the administra- 2 tion of tariff rate quotas; 3 (J) eliminating practices that adversely af- 4 fect trade in perishable or cyclical products, 5 while improving import relief mechanisms to 6 recognize the unique characteristics of perish- 7 able and cyclical agriculture; 8 (K) ensuring that import relief mecha- 9 nisms for perishable and cyclical agriculture are 10 as accessible and timely to growers in the 11 United States as those mechanisms that are 12 used by other countries; 13 (L) taking into account whether a party to 14 the negotiations has failed to adhere to the pro- 15 visions of already existing trade agreements 16 with the United States or has circumvented ob- 17 ligations under those agreements; 18 (M) taking into account whether a product 19 is subject to market distortions by reason of a 20 failure of a major producing country to adhere 21 to the provisions of already existing trade 22 agreements with the United States or by the 23 circumvention by that country of its obligations 24 under those agreements; HEY15356 S.L.C. 11 1 (N) otherwise ensuring that countries that 2 accede to the World Trade Organization have 3 made meaningful market liberalization commit- 4 ments in agriculture; 5 (O) taking into account the impact that 6 agreements covering agriculture to which the 7 United States is a party have on the United 8 States agricultural industry; 9 (P) maintaining bona fide food assistance 10 programs, market development programs, and 11 export credit programs; 12 (Q) seeking to secure the broadest market 13 access possible in multilateral, regional, and bi- 14 lateral negotiations, recognizing the effect that 15 simultaneous sets of negotiations may have on 16 United States import sensitive commodities (in- 17 cluding those subject to tariff rate quotas); 18 (R) seeking to develop an international 19 consensus on the treatment of seasonal or per- 20 ishable agricultural products in investigations 21 relating to dumping and safeguards and in any 22 other relevant area; 23 (S) seeking to establish the common base 24 year for calculating the Aggregated Measure- 25 ment of Support (as defined in the Agreement HEY15356 S.L.C. 12 1 on Agriculture) as the end of each country’s 2 Uruguay Round implementation period, as re- 3 ported in each country’s Uruguay Round mar- 4 ket access schedule; 5 (T) ensuring transparency in the adminis- 6 tration of tariff rate quotas through multilat- 7 eral, plurilateral, and bilateral negotiations; and 8 (U) eliminating and preventing the under- 9 mining of market access for United States 10 products through improper use of a country’s 11 system for protecting or recognizing geo- 12 graphical indications, including failing to ensure 13 transparency and procedural fairness and pro- 14 tecting generic terms. 15 (4) FOREIGN INVESTMENT.—Recognizing that 16 United States law on the whole provides a high level 17 of protection for investment, consistent with or 18 greater than the level required by international law, 19 the principal negotiating objectives of the United 20 States regarding foreign investment are to reduce or 21 eliminate artificial or trade distorting barriers to for- 22 eign investment, while ensuring that foreign inves- 23 tors in the United States are not accorded greater 24 substantive rights with respect to investment protec- 25 tions than United States investors in the United HEY15356 S.L.C. 13 1 States, and to secure for investors important rights 2 comparable to those that would be available under 3 United States legal principles and practice, by— 4 5 6 7 (A) reducing or eliminating exceptions to the principle of national treatment; (B) freeing the transfer of funds relating to investments; 8 (C) reducing or eliminating performance 9 requirements, forced technology transfers, and 10 other unreasonable barriers to the establish- 11 ment and operation of investments; 12 (D) seeking to establish standards for ex- 13 propriation and compensation for expropriation, 14 consistent with United States legal principles 15 and practice; 16 (E) seeking to establish standards for fair 17 and equitable treatment, consistent with United 18 States legal principles and practice, including 19 the principle of due process; 20 21 (F) providing meaningful procedures for resolving investment disputes; 22 (G) seeking to improve mechanisms used 23 to resolve disputes between an investor and a 24 government through— HEY15356 S.L.C. 14 1 (i) mechanisms to eliminate frivolous 2 claims and to deter the filing of frivolous 3 claims; 4 (ii) procedures to ensure the efficient 5 selection of arbitrators and the expeditious 6 disposition of claims; 7 (iii) procedures to enhance opportuni- 8 ties for public input into the formulation of 9 government positions; and 10 (iv) providing for an appellate body or 11 similar mechanism to provide coherence to 12 the interpretations of investment provisions 13 in trade agreements; and 14 (H) ensuring the fullest measure of trans- 15 parency in the dispute settlement mechanism, 16 to the extent consistent with the need to protect 17 information that is classified or business con- 18 fidential, by— 19 (i) ensuring that all requests for dis- 20 pute settlement are promptly made public; 21 (ii) ensuring that— 22 (I) all proceedings, submissions, 23 findings, and decisions are promptly 24 made public; and HEY15356 S.L.C. 15 1 (II) all hearings are open to the 2 public; and 3 (iii) establishing a mechanism for ac- 4 ceptance of amicus curiae submissions 5 from businesses, unions, and nongovern- 6 mental organizations. 7 (5) INTELLECTUAL PROPERTY.—The principal 8 negotiating objectives of the United States regarding 9 trade-related intellectual property are— 10 (A) to further promote adequate and effec- 11 tive protection of intellectual property rights, 12 including through— 13 (i)(I) ensuring accelerated and full 14 implementation 15 Trade-Related 16 Property Rights referred to in section 17 101(d)(15) of the Uruguay Round Agree- 18 ments Act (19 U.S.C. 3511(d)(15)), par- 19 ticularly with respect to meeting enforce- 20 ment obligations under that agreement; 21 and of the Aspects Agreement of on Intellectual 22 (II) ensuring that the provisions of 23 any trade agreement governing intellectual 24 property rights that is entered into by the 25 United States reflect a standard of protec- HEY15356 S.L.C. 16 1 tion similar to that found in United States 2 law; 3 (ii) providing strong protection for 4 new and emerging technologies and new 5 methods of transmitting and distributing 6 products embodying intellectual property, 7 including in a manner that facilitates le- 8 gitimate digital trade; 9 (iii) preventing or eliminating dis- 10 crimination with respect to matters affect- 11 ing the availability, acquisition, scope, 12 maintenance, use, and enforcement of in- 13 tellectual property rights; 14 (iv) ensuring that standards of protec- 15 tion and enforcement keep pace with tech- 16 nological developments, and in particular 17 ensuring that rightholders have the legal 18 and technological means to control the use 19 of their works through the Internet and 20 other global communication media, and to 21 prevent the unauthorized use of their 22 works; 23 (v) providing strong enforcement of 24 intellectual 25 through accessible, expeditious, and effec- property rights, including HEY15356 S.L.C. 17 1 tive civil, administrative, and criminal en- 2 forcement mechanisms; and 3 (vi) preventing or eliminating govern- 4 ment involvement in the violation of intel- 5 lectual property rights, including cyber 6 theft and piracy; 7 (B) to secure fair, equitable, and non- 8 discriminatory market access opportunities for 9 United States persons that rely upon intellec- 10 tual property protection; and 11 (C) to respect the Declaration on the 12 TRIPS Agreement and Public Health, adopted 13 by the World Trade Organization at the Fourth 14 Ministerial Conference at Doha, Qatar on No- 15 vember 14, 2001, and to ensure that trade 16 agreements foster innovation and promote ac- 17 cess to medicines. 18 (6) DIGITAL TRADE IN GOODS AND SERVICES 19 AND CROSS-BORDER DATA FLOWS.—The 20 negotiating objectives of the United States with re- 21 spect to digital trade in goods and services, as well 22 as cross-border data flows, are— principal 23 (A) to ensure that current obligations, 24 rules, disciplines, and commitments under the 25 World Trade Organization and bilateral and re- HEY15356 S.L.C. 18 1 gional trade agreements apply to digital trade 2 in goods and services and to cross-border data 3 flows; 4 (B) to ensure that— 5 (i) electronically delivered goods and 6 services receive no less favorable treatment 7 under trade rules and commitments than 8 like products delivered in physical form; 9 and 10 (ii) the classification of such goods 11 and services ensures the most liberal trade 12 treatment 13 both existing and new trade; 14 (C) to ensure that governments refrain 15 from implementing trade-related measures that 16 impede digital trade in goods and services, re- 17 strict cross-border data flows, or require local 18 storage or processing of data; possible, fully encompassing 19 (D) with respect to subparagraphs (A) 20 through (C), where legitimate policy objectives 21 require domestic regulations that affect digital 22 trade in goods and services or cross-border data 23 flows, to obtain commitments that any such 24 regulations are the least restrictive on trade, HEY15356 S.L.C. 19 1 nondiscriminatory, and transparent, and pro- 2 mote an open market environment; and 3 (E) to extend the moratorium of the World 4 Trade Organization on duties on electronic 5 transmissions. 6 (7) REGULATORY PRACTICES.—The principal 7 negotiating objectives of the United States regarding 8 the use of government regulation or other practices 9 to reduce market access for United States goods, 10 services, and investments are— 11 (A) to achieve increased transparency and 12 opportunity for the participation of affected 13 parties in the development of regulations; 14 (B) to require that proposed regulations be 15 based on sound science, cost benefit analysis, 16 risk assessment, or other objective evidence; 17 (C) to establish consultative mechanisms 18 and seek other commitments, as appropriate, to 19 improve regulatory practices and promote in- 20 creased 21 through— regulatory coherence, including 22 (i) transparency in developing guide- 23 lines, rules, regulations, and laws for gov- 24 ernment procurement and other regulatory 25 regimes; HEY15356 S.L.C. 20 1 2 3 4 (ii) the elimination of redundancies in testing and certification; (iii) early consultations on significant regulations; 5 (iv) the use of impact assessments; 6 (v) the periodic review of existing reg- 7 8 9 ulatory measures; and (vi) the application of good regulatory practices; 10 (D) to seek greater openness, trans- 11 parency, and convergence of standards develop- 12 ment processes, and enhance cooperation on 13 standards issues globally; 14 (E) to promote regulatory compatibility 15 through harmonization, equivalence, or mutual 16 recognition of different regulations and stand- 17 ards and to encourage the use of international 18 and interoperable standards, as appropriate; 19 (F) to achieve the elimination of govern- 20 ment measures such as price controls and ref- 21 erence pricing which deny full market access for 22 United States products; 23 (G) to ensure that government regulatory 24 reimbursement regimes are transparent, provide 25 procedural fairness, are nondiscriminatory, and HEY15356 S.L.C. 21 1 provide full market access for United States 2 products; and 3 (H) to ensure that foreign governments— 4 (i) demonstrate that the collection of 5 undisclosed proprietary information is lim- 6 ited to that necessary to satisfy a legiti- 7 mate and justifiable regulatory interest; 8 and 9 (ii) protect such information against 10 disclosure, 11 cumstances to protect the public, or where 12 such information is effectively protected 13 against unfair competition. 14 except (8) STATE-OWNED AND in exceptional cir- STATE-CONTROLLED 15 ENTERPRISES.—The 16 of the United States regarding competition by state- 17 owned and state-controlled enterprises is to seek 18 commitments that— principal negotiating objective 19 (A) eliminate or prevent trade distortions 20 and unfair competition favoring state-owned 21 and state-controlled enterprises to the extent of 22 their engagement in commercial activity, and 23 24 (B) ensure that such engagement is based solely on commercial considerations, HEY15356 S.L.C. 22 1 in particular through disciplines that eliminate or 2 prevent discrimination and market-distorting sub- 3 sidies and that promote transparency. 4 (9) LOCALIZATION BARRIERS TO TRADE.—The 5 principal negotiating objective of the United States 6 with respect to localization barriers is to eliminate 7 and prevent measures that require United States 8 producers and service providers to locate facilities, 9 intellectual property, or other assets in a country as 10 a market access or investment condition, including 11 indigenous innovation measures. 12 (10) LABOR AND THE ENVIRONMENT.—The 13 principal negotiating objectives of the United States 14 with respect to labor and the environment are— 15 16 17 (A) to ensure that a party to a trade agreement with the United States— (i) adopts and maintains measures 18 implementing 19 core labor standards (as defined in section 20 11(17)) and its obligations under common 21 multilateral environmental agreements (as 22 defined in section 11(6)), internationally recognized 23 (ii) does not waive or otherwise dero- 24 gate from, or offer to waive or otherwise 25 derogate from— HEY15356 S.L.C. 23 1 (I) its statutes or regulations im- 2 plementing internationally recognized 3 core labor standards (as defined in 4 section 11(17)), in a manner affecting 5 trade 6 United States and that party, where 7 the waiver or derogation would be in- 8 consistent with one or more such 9 standards, or or investment between the 10 (II) its environmental laws in a 11 manner that weakens or reduces the 12 protections afforded in those laws and 13 in a manner affecting trade or invest- 14 ment between the United States and 15 that party, except as provided in its 16 law and provided not inconsistent with 17 its obligations under common multi- 18 lateral environmental agreements (as 19 defined in section 11(6)) or other pro- 20 visions of the trade agreement specifi- 21 cally agreed upon, and 22 (iii) does not fail to effectively enforce 23 its environmental or labor laws, through a 24 sustained or recurring course of action or 25 inaction, HEY15356 S.L.C. 24 1 in a manner affecting trade or investment be- 2 tween the United States and that party after 3 entry into force of a trade agreement between 4 those countries; 5 (B) to recognize that— 6 (i) with respect to environment, par- 7 ties to a trade agreement retain the right 8 to exercise prosecutorial discretion and to 9 make decisions regarding the allocation of 10 enforcement resources with respect to 11 other environmental laws determined to 12 have higher priorities, and a party is effec- 13 tively enforcing its laws if a course of ac- 14 tion or inaction reflects a reasonable, bona 15 fide exercise of such discretion, or results 16 from a reasonable, bona fide decision re- 17 garding the allocation of resources; and 18 (ii) with respect to labor, decisions re- 19 garding the distribution of enforcement re- 20 sources are not a reason for not complying 21 with a party’s labor obligations; a party to 22 a trade agreement retains the right to rea- 23 sonable exercise of discretion and to make 24 bona fide decisions regarding the allocation 25 of resources between labor enforcement ac- HEY15356 S.L.C. 25 1 tivities among core labor standards, pro- 2 vided the exercise of such discretion and 3 such decisions are not inconsistent with its 4 obligations; 5 (C) to strengthen the capacity of United 6 States trading partners to promote respect for 7 core labor standards (as defined in section 8 11(7)); 9 (D) to strengthen the capacity of United 10 States trading partners to protect the environ- 11 ment through the promotion of sustainable de- 12 velopment; 13 (E) to reduce or eliminate government 14 practices or policies that unduly threaten sus- 15 tainable development; 16 (F) to seek market access, through the 17 elimination of tariffs and nontariff barriers, for 18 United 19 goods, and services; States environmental technologies, 20 (G) to ensure that labor, environmental, 21 health, or safety policies and practices of the 22 parties to trade agreements with the United 23 States do not arbitrarily or unjustifiably dis- 24 criminate against United States exports or 25 serve as disguised barriers to trade; HEY15356 S.L.C. 26 1 (H) to ensure that enforceable labor and 2 environment obligations are subject to the same 3 dispute settlement and remedies as other en- 4 forceable obligations under the agreement; and 5 (I) to ensure that a trade agreement is not 6 construed to empower a party’s authorities to 7 undertake labor or environmental law enforce- 8 ment activities in the territory of the United 9 States. 10 (11) CURRENCY.—The principal negotiating ob- 11 jective of the United States with respect to currency 12 practices is that parties to a trade agreement with 13 the United States avoid manipulating exchange rates 14 in order to prevent effective balance of payments ad- 15 justment or to gain an unfair competitive advantage 16 over other parties to the agreement, such as through 17 cooperative mechanisms, enforceable rules, reporting, 18 monitoring, transparency, or other means, as appro- 19 priate. 20 (12) WTO AND MULTILATERAL TRADE AGREE- 21 MENTS.—Recognizing 22 zation is the foundation of the global trading system, 23 the principal negotiating objectives of the United 24 States regarding the World Trade Organization, the that the World Trade Organi- HEY15356 S.L.C. 27 1 Uruguay Round Agreements, and other multilateral 2 and plurilateral trade agreements are— 3 (A) to achieve full implementation and ex- 4 tend the coverage of the World Trade Organiza- 5 tion and multilateral and plurilateral agree- 6 ments to products, sectors, and conditions of 7 trade not adequately covered; 8 (B) to expand country participation in and 9 enhancement of the Information Technology 10 Agreement, 11 Agreement, and other plurilateral trade agree- 12 ments of the World Trade Organization; the Government Procurement 13 (C) to expand competitive market opportu- 14 nities for United States exports and to obtain 15 fairer and more open conditions of trade, in- 16 cluding through utilization of global value 17 chains, through the negotiation of new WTO 18 multilateral and plurilateral trade agreements, 19 such as an agreement on trade facilitation; 20 (D) to ensure that regional trade agree- 21 ments to which the United States is not a party 22 fully achieve the high standards of, and comply 23 with, WTO disciplines, including Article XXIV 24 of GATT 1994, Article V and V bis of the Gen- 25 eral Agreement on Trade in Services, and the HEY15356 S.L.C. 28 1 Enabling Clause, including through meaningful 2 WTO review of such regional trade agreements; 3 (E) to enhance compliance by WTO mem- 4 bers with their obligations as WTO members 5 through active participation in the bodies of the 6 World Trade Organization by the United States 7 and all other WTO members, including in the 8 trade policy review mechanism and the com- 9 mittee system of the World Trade Organization, 10 and by working to increase the effectiveness of 11 such bodies; and 12 (F) to encourage greater cooperation be- 13 tween the World Trade Organization and other 14 international organizations. 15 (13) TRADE INSTITUTION TRANSPARENCY.— 16 The principal negotiating objective of the United 17 States with respect to transparency is to obtain 18 wider and broader application of the principle of 19 transparency in the World Trade Organization, enti- 20 ties established under bilateral and regional trade 21 agreements, and other international trade fora 22 through seeking— 23 (A) timely public access to information re- 24 garding trade issues and the activities of such 25 institutions; HEY15356 S.L.C. 29 1 (B) openness by ensuring public access to 2 appropriate meetings, proceedings, and submis- 3 sions, including with regard to trade and invest- 4 ment dispute settlement; and 5 (C) public access to all notifications and 6 supporting documentation submitted by WTO 7 members. 8 (14) ANTI-CORRUPTION.—The principal negoti- 9 ating objectives of the United States with respect to 10 the use of money or other things of value to influ- 11 ence acts, decisions, or omissions of foreign govern- 12 ments or officials or to secure any improper advan- 13 tage in a manner affecting trade are— 14 (A) to obtain high standards and effective 15 domestic enforcement mechanisms applicable to 16 persons from all countries participating in the 17 applicable trade agreement that prohibit such 18 attempts to influence acts, decisions, or omis- 19 sions of foreign governments or officials or to 20 secure any such improper advantage; 21 (B) to ensure that such standards level the 22 playing field for United States persons in inter- 23 national trade and investment; and 24 (C) to seek commitments to work jointly to 25 encourage and support anti-corruption and HEY15356 S.L.C. 30 1 anti-bribery initiatives in international trade 2 fora, including through the Convention on Com- 3 bating Bribery of Foreign Public Officials in 4 International Business Transactions of the Or- 5 ganization for Economic Cooperation and De- 6 velopment, done at Paris December 17, 1997 7 (commonly known as the ‘‘OECD Anti-Bribery 8 Convention’’). 9 (15) DISPUTE SETTLEMENT AND ENFORCE- 10 MENT.—The 11 United States with respect to dispute settlement and 12 enforcement of trade agreements are— principal negotiating objectives of the 13 (A) to seek provisions in trade agreements 14 providing for resolution of disputes between 15 governments under those trade agreements in 16 an effective, timely, transparent, equitable, and 17 reasoned 18 based on facts and the principles of the agree- 19 ments, with the goal of increasing compliance 20 with the agreements; manner, requiring determinations 21 (B) to seek to strengthen the capacity of 22 the Trade Policy Review Mechanism of the 23 World Trade Organization to review compliance 24 with commitments; HEY15356 S.L.C. 31 1 (C) to seek adherence by panels convened 2 under the Dispute Settlement Understanding 3 and by the Appellate Body to— 4 (i) the mandate of those panels and 5 the Appellate Body to apply the WTO 6 Agreement as written, without adding to or 7 diminishing rights and obligations under 8 the Agreement; and 9 (ii) the standard of review applicable 10 under the Uruguay Round Agreement in- 11 volved in the dispute, including greater 12 deference, where appropriate, to the fact 13 finding and technical expertise of national 14 investigating authorities; 15 (D) to seek provisions encouraging the 16 early identification and settlement of disputes 17 through consultation; 18 (E) to seek provisions to encourage the 19 provision of trade-expanding compensation if a 20 party to a dispute under the agreement does 21 not come into compliance with its obligations 22 under the agreement; 23 (F) to seek provisions to impose a penalty 24 upon a party to a dispute under the agreement 25 that— HEY15356 S.L.C. 32 1 2 (i) encourages compliance with the obligations of the agreement; 3 (ii) is appropriate to the parties, na- 4 ture, subject matter, and scope of the vio- 5 lation; and 6 (iii) has the aim of not adversely af- 7 fecting parties or interests not party to the 8 dispute while maintaining the effectiveness 9 of the enforcement mechanism; and 10 (G) to seek provisions that treat United 11 States principal negotiating objectives equally 12 with respect to— 13 14 15 16 17 18 19 (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. (16) TRADE REMEDY LAWS.—The principal ne- 20 gotiating objectives of the United States with respect 21 to trade remedy laws are— 22 (A) to preserve the ability of the United 23 States to enforce rigorously its trade laws, in- 24 cluding the antidumping, countervailing duty, 25 and safeguard laws, and avoid agreements that HEY15356 S.L.C. 33 1 lessen the effectiveness of domestic and inter- 2 national disciplines on unfair trade, especially 3 dumping and subsidies, or that lessen the effec- 4 tiveness of domestic and international safeguard 5 provisions, in order to ensure that United 6 States workers, agricultural producers, and 7 firms can compete fully on fair terms and enjoy 8 the benefits of reciprocal trade concessions; and 9 (B) to address and remedy market distor- 10 tions that lead to dumping and subsidization, 11 including overcapacity, cartelization, and mar- 12 ket access barriers. 13 (17) BORDER TAXES.—The principal negoti- 14 ating objective of the United States regarding border 15 taxes is to obtain a revision of the rules of the World 16 Trade Organization with respect to the treatment of 17 border adjustments for internal taxes to redress the 18 disadvantage to countries relying primarily on direct 19 taxes for revenue rather than indirect taxes. 20 (18) TEXTILE NEGOTIATIONS.—The principal 21 negotiating objectives of the United States with re- 22 spect to trade in textiles and apparel articles are to 23 obtain competitive opportunities for United States 24 exports of textiles and apparel in foreign markets 25 substantially equivalent to the competitive opportu- HEY15356 S.L.C. 34 1 nities afforded foreign exports in United States mar- 2 kets and to achieve fairer and more open conditions 3 of trade in textiles and apparel. 4 (c) CAPACITY BUILDING AND OTHER PRIORITIES.— 5 In order to address and maintain United States competi6 tiveness in the global economy, the President shall— 7 8 (1) direct the heads of relevant Federal agencies— 9 (A) to work to strengthen the capacity of 10 United States trading partners to carry out ob- 11 ligations under trade agreements by consulting 12 with any country seeking a trade agreement 13 with the United States concerning that coun- 14 try’s laws relating to customs and trade facilita- 15 tion, sanitary and phytosanitary measures, 16 technical barriers to trade, intellectual property 17 rights, labor, and the environment; and 18 (B) to provide technical assistance to that 19 country if needed; 20 (2) seek to establish consultative mechanisms 21 among parties to trade agreements to strengthen the 22 capacity of United States trading partners to de- 23 velop and implement standards for the protection of 24 the environment and human health based on sound 25 science; HEY15356 S.L.C. 35 1 (3) promote consideration of multilateral envi- 2 ronmental agreements and consult with parties to 3 such agreements regarding the consistency of any 4 such agreement that includes trade measures with 5 existing environmental exceptions under Article XX 6 of GATT 1994; and 7 (4) submit to the Committee on Ways and 8 Means of the House of Representatives and the 9 Committee on Finance of the Senate an annual re- 10 port on capacity-building activities undertaken in 11 connection with trade agreements negotiated or 12 being negotiated pursuant to this Act. 13 14 15 SEC. 3. TRADE AGREEMENTS AUTHORITY. (a) AGREEMENTS REGARDING TARIFF BARRIERS.— (1) IN GENERAL.—Whenever the President de- 16 termines that one or more existing duties or other 17 import restrictions of any foreign country or the 18 United States are unduly burdening and restricting 19 the foreign trade of the United States and that the 20 purposes, policies, priorities, and objectives of this 21 Act will be promoted thereby, the President— 22 23 24 (A) may enter into trade agreements with foreign countries before— (i) July 1, 2018; or HEY15356 S.L.C. 36 1 (ii) July 1, 2021, if trade authorities 2 procedures are extended under subsection 3 (c); and 4 (B) may, subject to paragraphs (2) and 5 (3), proclaim— 6 7 (i) such modification or continuance of any existing duty, 8 9 (ii) such continuance of existing duty free or excise treatment, or 10 (iii) such additional duties, 11 as the President determines to be required or 12 appropriate to carry out any such trade agree- 13 ment. 14 Substantial modifications to, or substantial addi- 15 tional provisions of, a trade agreement entered into 16 after July 1, 2018, or July 1, 2021, if trade authori- 17 ties procedures are extended under subsection (c), 18 shall not be eligible for approval under this Act. 19 (2) NOTIFICATION.—The President shall notify 20 Congress of the President’s intention to enter into 21 an agreement under this subsection. 22 23 (3) LIMITATIONS.—No proclamation may be made under paragraph (1) that— 24 (A) reduces any rate of duty (other than a 25 rate of duty that does not exceed 5 percent ad HEY15356 S.L.C. 37 1 valorem on the date of the enactment of this 2 Act) to a rate of duty which is less than 50 per- 3 cent of the rate of such duty that applies on 4 such date of enactment; 5 (B) reduces the rate of duty below that ap- 6 plicable under the Uruguay Round Agreements 7 or a successor agreement, on any import sen- 8 sitive agricultural product; or 9 (C) increases any rate of duty above the 10 rate that applied on the date of the enactment 11 of this Act. 12 (4) AGGREGATE 13 14 REDUCTION; EXEMPTION FROM STAGING.— (A) AGGREGATE REDUCTION.—Except as 15 provided in subparagraph (B), the aggregate re- 16 duction in the rate of duty on any article which 17 is in effect on any day pursuant to a trade 18 agreement entered into under paragraph (1) 19 shall not exceed the aggregate reduction which 20 would have been in effect on such day if— 21 (i) a reduction of 3 percent ad valo- 22 rem or a reduction of 1⁄10 of the total re- 23 duction, whichever is greater, had taken ef- 24 fect on the effective date of the first reduc- 25 tion proclaimed under paragraph (1) to HEY15356 S.L.C. 38 1 carry out such agreement with respect to 2 such article; and 3 (ii) a reduction equal to the amount 4 applicable under clause (i) had taken effect 5 at 1-year intervals after the effective date 6 of such first reduction. 7 (B) EXEMPTION FROM STAGING.—No 8 staging is required under subparagraph (A) 9 with respect to a duty reduction that is pro- 10 claimed under paragraph (1) for an article of a 11 kind that is not produced in the United States. 12 The United States International Trade Com- 13 mission shall advise the President of the iden- 14 tity of articles that may be exempted from stag- 15 ing under this subparagraph. 16 (5) ROUNDING.—If the President determines 17 that such action will simplify the computation of re- 18 ductions under paragraph (4), the President may 19 round an annual reduction by an amount equal to 20 the lesser of— 21 (A) the difference between the reduction 22 without regard to this paragraph and the next 23 lower whole number; or 24 (B) 1⁄2 of 1 percent ad valorem. HEY15356 S.L.C. 39 1 (6) OTHER LIMITATIONS.—A rate of duty re- 2 duction that may not be proclaimed by reason of 3 paragraph (3) may take effect only if a provision au- 4 thorizing such reduction is included within an imple- 5 menting bill provided for under section 6 and that 6 bill is enacted into law. 7 (7) OTHER TARIFF MODIFICATIONS.—Notwith- 8 standing paragraphs (1)(B), (3)(A), (3)(C), and (4) 9 through (6), and subject to the consultation and lay- 10 over requirements of section 115 of the Uruguay 11 Round Agreements Act (19 U.S.C. 3524), the Presi- 12 dent may proclaim the modification of any duty or 13 staged rate reduction of any duty set forth in Sched- 14 ule XX, as defined in section 2(5) of that Act (19 15 U.S.C. 3501(5)), if the United States agrees to such 16 modification or staged rate reduction in a negotia- 17 tion for the reciprocal elimination or harmonization 18 of duties under the auspices of the World Trade Or- 19 ganization. 20 (8) AUTHORITY UNDER URUGUAY ROUND 21 AGREEMENTS ACT NOT AFFECTED.—Nothing 22 subsection shall limit the authority provided to the 23 President under section 111(b) of the Uruguay 24 Round Agreements Act (19 U.S.C. 3521(b)). in this HEY15356 S.L.C. 40 1 2 3 4 (b) AGREEMENTS REGARDING TARIFF TARIFF AND NON- BARRIERS.— (1) IN GENERAL.—(A) Whenever the President determines that— 5 (i) 1 or more existing duties or any other 6 import restriction of any foreign country or the 7 United States or any other barrier to, or other 8 distortion of, international trade unduly bur- 9 dens or restricts the foreign trade of the United 10 States or adversely affects the United States 11 economy, or 12 (ii) the imposition of any such barrier or 13 distortion is likely to result in such a burden, 14 restriction, or effect, 15 and that the purposes, policies, priorities, and objec- 16 tives of this Act will be promoted thereby, the Presi- 17 dent may enter into a trade agreement described in 18 subparagraph (B) during the period described in 19 subparagraph (C). 20 (B) The President may enter into a trade 21 agreement under subparagraph (A) with foreign 22 countries providing for— 23 (i) the reduction or elimination of a duty, 24 restriction, barrier, or other distortion described 25 in subparagraph (A); or HEY15356 S.L.C. 41 1 (ii) the prohibition of, or limitation on the 2 imposition of, such barrier or other distortion. 3 (C) The President may enter into a trade 4 agreement under this paragraph before— 5 (i) July 1, 2018; or 6 (ii) July 1, 2021, if trade authorities pro- 7 cedures are extended under subsection (c). 8 Substantial modifications to, or substantial additional pro9 visions of, a trade agreement entered into after July 1, 10 2018, or July 1, 2021, if trade authorities procedures are 11 extended under subsection (c), shall not be eligible for ap12 proval under this Act. 13 (2) CONDITIONS.—A trade agreement may be 14 entered into under this subsection only if such 15 agreement makes progress in meeting the applicable 16 objectives described in subsections (a) and (b) of 17 section 2 and the President satisfies the conditions 18 set forth in sections 4 and 5. 19 (3) BILLS QUALIFYING FOR TRADE AUTHORI- 20 TIES PROCEDURES.—(A) 21 151 of the Trade Act of 1974 (in this Act referred 22 to as ‘‘trade authorities procedures’’) apply to a bill 23 of either House of Congress which contains provi- 24 sions described in subparagraph (B) to the same ex- 25 tent as such section 151 applies to implementing The provisions of section HEY15356 S.L.C. 42 1 bills under that section. A bill to which this para- 2 graph applies shall hereafter in this Act be referred 3 to as an ‘‘implementing bill’’. 4 5 (B) The provisions referred to in subparagraph (A) are— 6 (i) a provision approving a trade agree- 7 ment entered into under this subsection and ap- 8 proving the statement of administrative action, 9 if any, proposed to implement such trade agree- 10 ment; and 11 (ii) if changes in existing laws or new stat- 12 utory authority are required to implement such 13 trade agreement or agreements, only such pro- 14 visions as are strictly necessary or appropriate 15 to implement such trade agreement or agree- 16 ments, either repealing or amending existing 17 laws or providing new statutory authority. 18 19 (c) EXTENSION DISAPPROVAL PROCESS GRESSIONAL FOR CON- TRADE AUTHORITIES PROCEDURES.— 20 (1) IN 21 tion 6(b)— GENERAL.—Except as provided in sec- 22 (A) the trade authorities procedures apply 23 to implementing bills submitted with respect to 24 trade agreements entered into under subsection 25 (b) before July 1, 2018; and HEY15356 S.L.C. 43 1 (B) the trade authorities procedures shall 2 be extended to implementing bills submitted 3 with respect to trade agreements entered into 4 under subsection (b) after June 30, 2018, and 5 before July 1, 2021, if (and only if)— 6 7 (i) the President requests such extension under paragraph (2); and 8 (ii) neither House of Congress adopts 9 an extension disapproval resolution under 10 11 paragraph (5) before July 1, 2018. (2) REPORT TO CONGRESS BY THE PRESI- 12 DENT.—If 13 trade authorities procedures should be extended to 14 implementing bills described in paragraph (1)(B), 15 the President shall submit to Congress, not later 16 than April 1, 2018, a written report that contains a 17 request for such extension, together with— the President is of the opinion that the 18 (A) a description of all trade agreements 19 that have been negotiated under subsection (b) 20 and the anticipated schedule for submitting 21 such agreements to Congress for approval; 22 (B) a description of the progress that has 23 been made in negotiations to achieve the pur- 24 poses, policies, priorities, and objectives of this HEY15356 S.L.C. 44 1 Act, and a statement that such progress justi- 2 fies the continuation of negotiations; and 3 (C) a statement of the reasons why the ex- 4 tension is needed to complete the negotiations. 5 (3) OTHER 6 REPORTS TO CONGRESS.— (A) REPORT BY THE ADVISORY COM- 7 MITTEE.—The 8 the Advisory Committee for Trade Policy and 9 Negotiations established under section 135 of 10 the Trade Act of 1974 (19 U.S.C. 2155) of the 11 decision of the President to submit a report to 12 Congress under paragraph (2). The Advisory 13 Committee shall submit to Congress as soon as 14 practicable, but not later than June 1, 2018, a 15 written report that contains— President shall promptly inform 16 (i) its views regarding the progress 17 that has been made in negotiations to 18 achieve the purposes, policies, priorities, 19 and objectives of this Act; and 20 (ii) a statement of its views, and the 21 reasons therefor, regarding whether the ex- 22 tension requested under paragraph (2) 23 should be approved or disapproved. 24 (B) REPORT 25 COMMISSION.—The BY INTERNATIONAL TRADE President shall promptly in- HEY15356 S.L.C. 45 1 form the United States International Trade 2 Commission of the decision of the President to 3 submit a report to Congress under paragraph 4 (2). The International Trade Commission shall 5 submit to Congress as soon as practicable, but 6 not later than June 1, 2018, a written report 7 that contains a review and analysis of the eco- 8 nomic impact on the United States of all trade 9 agreements implemented between the date of 10 the enactment of this Act and the date on 11 which the President decides to seek an exten- 12 sion requested under paragraph (2). 13 (4) STATUS OF REPORTS.—The reports sub- 14 mitted to Congress under paragraphs (2) and (3), or 15 any portion of such reports, may be classified to the 16 extent the President determines appropriate. 17 (5) EXTENSION DISAPPROVAL RESOLUTIONS.— 18 (A) For purposes of paragraph (1), the term ‘‘exten- 19 sion disapproval resolution’’ means a resolution of 20 either House of Congress, the sole matter after the 21 resolving clause of which is as follows: ‘‘That the 22 llll disapproves the request of the President 23 for the extension, under section 3(c)(1)(B)(i) of the 24 Bipartisan Congressional Trade Priorities and Ac- 25 countability Act of 2015, of the trade authorities HEY15356 S.L.C. 46 1 procedures under that Act to any implementing bill 2 submitted with respect to any trade agreement en- 3 tered into under section 3(b) of that Act after June 4 30, 2018.’’, with the blank space being filled with 5 the name of the resolving House of Congress. 6 (B) Extension disapproval resolutions— 7 8 (i) may be introduced in either House of Congress by any member of such House; and 9 (ii) shall be referred, in the House of Rep- 10 resentatives, to the Committee on Ways and 11 Means and, in addition, to the Committee on 12 Rules. 13 (C) The provisions of subsections (d) and (e) of 14 section 152 of the Trade Act of 1974 (19 U.S.C. 15 2192) (relating to the floor consideration of certain 16 resolutions in the House and Senate) apply to exten- 17 sion disapproval resolutions. 18 (D) It is not in order for— 19 (i) the House of Representatives to con- 20 sider any extension disapproval resolution not 21 reported by the Committee on Ways and Means 22 and, in addition, by the Committee on Rules; 23 (ii) the Senate to consider any extension 24 disapproval resolution not reported by the Com- 25 mittee on Finance; or HEY15356 S.L.C. 47 1 (iii) either House of Congress to consider 2 an extension disapproval resolution after June 3 30, 2018. 4 (d) COMMENCEMENT OF NEGOTIATIONS.—In order 5 to contribute to the continued economic expansion of the 6 United States, the President shall commence negotiations 7 covering tariff and nontariff barriers affecting any indus8 try, product, or service sector, and expand existing sec9 toral agreements to countries that are not parties to those 10 agreements, in cases where the President determines that 11 such negotiations are feasible and timely and would ben12 efit the United States. Such sectors include agriculture, 13 commercial services, intellectual property rights, industrial 14 and capital goods, government procurement, information 15 technology products, environmental technology and serv16 ices, medical equipment and services, civil aircraft, and in17 frastructure products. In so doing, the President shall 18 take into account all of the negotiating objectives set forth 19 in section 2. 20 SEC. 4. CONGRESSIONAL OVERSIGHT, CONSULTATIONS, 21 AND ACCESS TO INFORMATION. 22 23 (a) CONSULTATIONS WITH MEMBERS GRESS.— OF CON- HEY15356 S.L.C. 48 1 (1) CONSULTATIONS DURING NEGOTIATIONS.— 2 In the course of negotiations conducted under this 3 Act, the United States Trade Representative shall— 4 (A) meet upon request with any Member of 5 Congress regarding negotiating objectives, the 6 status of negotiations in progress, and the na- 7 ture of any changes in the laws of the United 8 States or the administration of those laws that 9 may be recommended to Congress to carry out 10 any trade agreement or any requirement of, 11 amendment to, or recommendation under, that 12 agreement; 13 (B) upon request of any Member of Con- 14 gress, provide access to pertinent documents re- 15 lating to the negotiations, including classified 16 materials; 17 (C) consult closely and on a timely basis 18 with, and keep fully apprised of the negotia- 19 tions, the Committee on Ways and Means of 20 the House of Representatives and the Com- 21 mittee on Finance of the Senate; 22 (D) consult closely and on a timely basis 23 with, and keep fully apprised of the negotia- 24 tions, the House Advisory Group on Negotia- 25 tions and the Senate Advisory Group on Nego- HEY15356 S.L.C. 49 1 tiations convened under subsection (c) and all 2 committees of the House of Representatives and 3 the Senate with jurisdiction over laws that 4 could be affected by a trade agreement result- 5 ing from the negotiations; and 6 (E) with regard to any negotiations and 7 agreement relating to agricultural trade, also 8 consult closely and on a timely basis (including 9 immediately before initialing an agreement) 10 with, and keep fully apprised of the negotia- 11 tions, the Committee on Agriculture of the 12 House of Representatives and the Committee 13 on Agriculture, Nutrition, and Forestry of the 14 Senate. 15 (2) CONSULTATIONS PRIOR TO ENTRY INTO 16 FORCE.—Prior 17 entry into force of a trade agreement, the United 18 States Trade Representative shall consult closely 19 and on a timely basis with Members of Congress and 20 committees as specified in paragraph (1), and keep 21 them fully apprised of the measures a trading part- 22 ner has taken to comply with those provisions of the 23 agreement that are to take effect on the date that 24 the agreement enters into force. to exchanging notes providing for the HEY15356 S.L.C. 50 1 2 (3) ENHANCED COORDINATION CON- WITH GRESS.— 3 (A) WRITTEN GUIDELINES.—The United 4 States Trade Representative, in consultation 5 with the chairmen and the ranking members of 6 the Committee on Ways and Means of the 7 House of Representatives and the Committee 8 on Finance of the Senate, respectively— 9 (i) shall, not later than 120 days after 10 the date of the enactment of this Act, de- 11 velop written guidelines on enhanced co- 12 ordination with Congress, including coordi- 13 nation with designated congressional advis- 14 ers under subsection (b), regarding nego- 15 tiations conducted under this Act; and 16 (ii) may make such revisions to the 17 guidelines as may be necessary from time 18 to time. 19 (B) CONTENT OF GUIDELINES.—The 20 guidelines developed under subparagraph (A) 21 shall 22 through procedures to ensure— enhance coordination with Congress 23 (i) timely briefings upon request of 24 any Member of Congress regarding negoti- 25 ating objectives, the status of negotiations HEY15356 S.L.C. 51 1 in progress conducted under this Act, and 2 the nature of any changes in the laws of 3 the United States or the administration of 4 those laws that may be recommended to 5 Congress to carry out any trade agreement 6 or any requirement of, amendment to, or 7 recommendation under, that agreement; 8 and 9 (ii) the sharing of detailed and timely 10 information with Members of Congress, 11 and their staff with proper security clear- 12 ances as appropriate, regarding those ne- 13 gotiations and pertinent documents related 14 to those negotiations (including classified 15 information), and with committee staff 16 with proper security clearances as would be 17 appropriate in the light of the responsibil- 18 ities of that committee over the trade 19 agreements programs affected by those ne- 20 gotiations. 21 (C) DISSEMINATION.—The United States 22 Trade Representative shall disseminate the 23 guidelines developed under subparagraph (A) to 24 all Federal agencies that could have jurisdiction 25 over laws affected by trade negotiations. HEY15356 S.L.C. 52 1 2 3 (b) DESIGNATED CONGRESSIONAL ADVISERS.— (1) DESIGNATION.— (A) HOUSE REPRESENTATIVES.—In OF 4 each Congress, any Member of the House of 5 Representatives may be designated as a con- 6 gressional adviser on trade policy and negotia- 7 tions by the Speaker of the House of Rep- 8 resentatives, after consulting with the chairman 9 and ranking member of the Committee on Ways 10 and Means and the chairman and ranking 11 member of the committee from which the Mem- 12 ber will be selected. 13 (B) SENATE.—In each Congress, any 14 Member of the Senate may be designated as a 15 congressional adviser on trade policy and nego- 16 tiations by the President pro tempore of the 17 Senate, after consultation with the chairman 18 and ranking member of the Committee on Fi- 19 nance and the chairman and ranking member 20 of the committee from which the Member will 21 be selected. 22 (2) CONSULTATIONS WITH DESIGNATED CON- 23 GRESSIONAL ADVISERS.—In 24 tions conducted under this Act, the United States 25 Trade Representative shall consult closely and on a the course of negotia- HEY15356 S.L.C. 53 1 timely basis (including immediately before initialing 2 an agreement) with, and keep fully apprised of the 3 negotiations, the congressional advisers for trade 4 policy and negotiations designated under paragraph 5 (1). 6 (3) ACCREDITATION.—Each Member of Con- 7 gress designated as a congressional adviser under 8 paragraph (1) shall be accredited by the United 9 States Trade Representative on behalf of the Presi- 10 dent as an official adviser to the United States dele- 11 gations to international conferences, meetings, and 12 negotiating sessions relating to trade agreements. 13 (c) CONGRESSIONAL ADVISORY GROUPS 14 15 ON NEGO- TIATIONS.— (1) IN GENERAL.—By not later than 60 days 16 after the date of the enactment of this Act, and not 17 later than 30 days after the convening of each Con- 18 gress, the chairman of the Committee on Ways and 19 Means of the House of Representatives shall convene 20 the House Advisory Group on Negotiations and the 21 chairman of the Committee on Finance of the Sen- 22 ate shall convene the Senate Advisory Group on Ne- 23 gotiations (in this subsection referred to collectively 24 as the ‘‘congressional advisory groups’’). 25 (2) MEMBERS AND FUNCTIONS.— HEY15356 S.L.C. 54 1 (A) MEMBERSHIP OF THE HOUSE ADVI- 2 SORY GROUP ON NEGOTIATIONS.—In 3 gress, the House Advisory Group on Negotia- 4 tions shall be comprised of the following Mem- 5 bers of the House of Representatives: each Con- 6 (i) The chairman and ranking mem- 7 ber of the Committee on Ways and Means, 8 and 3 additional members of such Com- 9 mittee (not more than 2 of whom are 10 members of the same political party). 11 (ii) The chairman and ranking mem- 12 ber, or their designees, of the committees 13 of the House of Representatives that would 14 have, under the Rules of the House of 15 Representatives, jurisdiction over provi- 16 sions of law affected by a trade agreement 17 negotiation conducted at any time during 18 that Congress and to which this Act would 19 apply. 20 (B) MEMBERSHIP OF THE SENATE ADVI- 21 SORY GROUP ON NEGOTIATIONS.—In 22 gress, the Senate Advisory Group on Negotia- 23 tions shall be comprised of the following Mem- 24 bers of the Senate: each Con- HEY15356 S.L.C. 55 1 (i) The chairman and ranking mem- 2 ber of the Committee on Finance and 3 3 additional members of such Committee 4 (not more than 2 of whom are members of 5 the same political party). 6 (ii) The chairman and ranking mem- 7 ber, or their designees, of the committees 8 of the Senate that would have, under the 9 Rules of the Senate, jurisdiction over pro- 10 visions of law affected by a trade agree- 11 ment negotiation conducted at any time 12 during that Congress and to which this Act 13 would apply. 14 (C) ACCREDITATION.—Each member of 15 the congressional advisory groups described in 16 subparagraphs (A)(i) and (B)(i) shall be ac- 17 credited by the United States Trade Represent- 18 ative on behalf of the President as an official 19 adviser to the United States delegation in nego- 20 tiations for any trade agreement to which this 21 Act applies. Each member of the congressional 22 advisory groups described in subparagraphs 23 (A)(ii) and (B)(ii) shall be accredited by the 24 United States Trade Representative on behalf 25 of the President as an official adviser to the HEY15356 S.L.C. 56 1 United States delegation in the negotiations by 2 reason of which the member is in one of the 3 congressional advisory groups. 4 (D) CONSULTATION AND ADVICE.—The 5 congressional advisory groups shall consult with 6 and provide advice to the Trade Representative 7 regarding the formulation of specific objectives, 8 negotiating strategies and positions, the devel- 9 opment of the applicable trade agreement, and 10 compliance and enforcement of the negotiated 11 commitments under the trade agreement. 12 (E) CHAIR.—The House Advisory Group 13 on Negotiations shall be chaired by the Chair- 14 man of the Committee on Ways and Means of 15 the House of Representatives and the Senate 16 Advisory Group on Negotiations shall be 17 chaired by the Chairman of the Committee on 18 Finance of the Senate. 19 (F) COORDINATION WITH OTHER COMMIT- 20 TEES.—Members 21 on one of the congressional advisory groups 22 may submit comments to the member of the ap- 23 propriate congressional advisory group from 24 that committee regarding any matter related to of any committee represented HEY15356 S.L.C. 57 1 a negotiation for any trade agreement to which 2 this Act applies. 3 (3) GUIDELINES.— 4 (A) PURPOSE AND REVISION.—The United 5 States Trade Representative, in consultation 6 with the chairmen and the ranking members of 7 the Committee on Ways and Means of the 8 House of Representatives and the Committee 9 on Finance of the Senate, respectively— 10 (i) shall, not later than 120 days after 11 the date of the enactment of this Act, de- 12 velop written guidelines to facilitate the 13 useful and timely exchange of information 14 between the Trade Representative and the 15 congressional advisory groups; and 16 (ii) may make such revisions to the 17 guidelines as may be necessary from time 18 to time. 19 (B) CONTENT.—The guidelines developed 20 under subparagraph (A) shall provide for, 21 among other things— 22 (i) detailed briefings on a fixed time- 23 table to be specified in the guidelines of 24 the congressional advisory groups regard- 25 ing negotiating objectives and positions HEY15356 S.L.C. 58 1 and the status of the applicable negotia- 2 tions, beginning as soon as practicable 3 after the congressional advisory groups are 4 convened, with more frequent briefings as 5 trade negotiations enter the final stage; 6 (ii) access by members of the congres- 7 sional advisory groups, and staff with 8 proper security clearances, to pertinent 9 documents relating to the negotiations, in- 10 cluding classified materials; 11 (iii) the closest practicable coordina- 12 tion between the Trade Representative and 13 the congressional advisory groups at all 14 critical periods during the negotiations, in- 15 cluding at negotiation sites; 16 (iv) after the applicable trade agree- 17 ment is concluded, consultation regarding 18 ongoing compliance and enforcement of ne- 19 gotiated commitments under the trade 20 agreement; and 21 22 23 (v) the timeframe for submitting the report required under section 5(d)(3). (4) REQUEST FOR MEETING.—Upon the re- 24 quest of a majority of either of the congressional ad- 25 visory groups, the President shall meet with that HEY15356 S.L.C. 59 1 congressional advisory group before initiating nego- 2 tiations with respect to a trade agreement, or at any 3 other time concerning the negotiations. 4 (d) CONSULTATIONS WITH THE PUBLIC.— 5 (1) GUIDELINES FOR PUBLIC ENGAGEMENT.— 6 The United States Trade Representative, in con- 7 sultation with the chairmen and the ranking mem- 8 bers of the Committee on Ways and Means of the 9 House of Representatives and the Committee on Fi- 10 nance of the Senate, respectively— 11 (A) shall, not later than 120 days after the 12 date of the enactment of this Act, develop writ- 13 ten guidelines on public access to information 14 regarding negotiations conducted under this 15 Act; and 16 (B) may make such revisions to the guide- 17 lines as may be necessary from time to time. 18 (2) 19 PURPOSES.—The guidelines developed under paragraph (1) shall— 20 (A) facilitate transparency; 21 (B) encourage public participation; and 22 (C) promote collaboration in the negotia- 23 tion process. 24 (3) CONTENT.—The guidelines developed under 25 paragraph (1) shall include procedures that— HEY15356 S.L.C. 60 1 (A) provide for rapid disclosure of informa- 2 tion in forms that the public can readily find 3 and use; and 4 (B) provide frequent opportunities for pub- 5 lic input through Federal Register requests for 6 comment and other means. 7 (4) DISSEMINATION.—The United States Trade 8 Representative shall disseminate the guidelines de- 9 veloped under paragraph (1) to all Federal agencies 10 that could have jurisdiction over laws affected by 11 trade negotiations. 12 (e) CONSULTATIONS WITH ADVISORY COMMIT- 13 TEES.— 14 (1) GUIDELINES 15 SORY COMMITTEES.—The 16 resentative, in consultation with the chairmen and 17 the ranking members of the Committee on Ways and 18 Means of the House of Representatives and the 19 Committee on Finance of the Senate, respectively— 20 (A) shall, not later than 120 days after the 21 date of the enactment of this Act, develop writ- 22 ten guidelines on enhanced coordination with 23 advisory committees established pursuant to 24 section 135 of the Trade Act of 1974 (19 FOR ENGAGEMENT WITH ADVI- United States Trade Rep- HEY15356 S.L.C. 61 1 U.S.C. 2155) regarding negotiations conducted 2 under this Act; and 3 (B) may make such revisions to the guide- 4 lines as may be necessary from time to time. 5 (2) CONTENT.—The guidelines developed under 6 paragraph (1) shall enhance coordination with advi- 7 sory 8 through procedures to ensure— committees described in that paragraph 9 (A) timely briefings of advisory committees 10 and regular opportunities for advisory commit- 11 tees to provide input throughout the negotiation 12 process on matters relevant to the sectors or 13 functional areas represented by those commit- 14 tees; and 15 (B) the sharing of detailed and timely in- 16 formation with each member of an advisory 17 committee regarding negotiations and pertinent 18 documents related to the negotiation (including 19 classified information) on matters relevant to 20 the sectors or functional areas the member rep- 21 resents, and with a designee with proper secu- 22 rity clearances of each such member as appro- 23 priate. 24 (3) DISSEMINATION.—The United States Trade 25 Representative shall disseminate the guidelines de- HEY15356 S.L.C. 62 1 veloped under paragraph (1) to all Federal agencies 2 that could have jurisdiction over laws affected by 3 trade negotiations. 4 (f) ESTABLISHMENT 5 PARENCY OFFICER OF IN THE POSITION OFFICE OF CHIEF TRANS- OF THE UNITED 6 STATES TRADE REPRESENTATIVE.—Section 141(b) of the 7 Trade Act of 1974 (19 U.S.C. 2171(b)) is amended— 8 9 (1) by redesignating paragraph (3) as paragraph (4); and 10 (2) by inserting after paragraph (2) the fol- 11 lowing: 12 ‘‘(3) There shall be in the Office one Chief Trans- 13 parency Officer. The Chief Transparency Officer shall 14 consult with Congress on transparency policy, coordinate 15 transparency in trade negotiations, engage and assist the 16 public, and advise the United States Trade Representative 17 on transparency policy.’’. 18 19 20 SEC. 5. NOTICE, CONSULTATIONS, AND REPORTS. (a) NOTICE, CONSULTATIONS, FORE AND REPORTS BE- NEGOTIATION.— 21 (1) NOTICE.—The President, with respect to 22 any agreement that is subject to the provisions of 23 section 3(b), shall— 24 (A) provide, at least 90 calendar days be- 25 fore initiating negotiations with a country, writ- HEY15356 S.L.C. 63 1 ten notice to Congress of the President’s inten- 2 tion to enter into the negotiations with that 3 country and set forth in the notice the date on 4 which the President intends to initiate those ne- 5 gotiations, the specific United States objectives 6 for the negotiations with that country, and 7 whether the President intends to seek an agree- 8 ment, or changes to an existing agreement; 9 (B) before and after submission of the no- 10 tice, consult regarding the negotiations with the 11 Committee on Ways and Means of the House of 12 Representatives and the Committee on Finance 13 of the Senate, such other committees of the 14 House and Senate as the President deems ap- 15 propriate, and the House Advisory Group on 16 Negotiations and the Senate Advisory Group on 17 Negotiations convened under section 4(c); 18 (C) upon the request of a majority of the 19 members of either the House Advisory Group 20 on Negotiations or the Senate Advisory Group 21 on Negotiations convened under section 4(c), 22 meet with the requesting congressional advisory 23 group before initiating the negotiations or at 24 any other time concerning the negotiations; and HEY15356 S.L.C. 64 1 (D) after consulting with the Committee 2 on Ways and Means and the Committee on Fi- 3 nance, and at least 30 calendar days before ini- 4 tiating negotiations with a country, publish on 5 a publicly available Internet website of the Of- 6 fice of the United States Trade Representative, 7 and regularly update thereafter, a detailed and 8 comprehensive summary of the specific objec- 9 tives with respect to the negotiations, and a de- 10 scription of how the agreement, if successfully 11 concluded, will further those objectives and ben- 12 efit the United States. 13 (2) 14 CULTURE.— 15 NEGOTIATIONS (A) ASSESSMENT REGARDING AND AGRI- CONSULTATIONS 16 FOLLOWING ASSESSMENT.—Before 17 continuing negotiations the subject matter of 18 which is directly related to the subject matter 19 under section 2(b)(3)(B) with any country, the 20 President shall— initiating or 21 (i) assess whether United States tar- 22 iffs on agricultural products that were 23 bound under the Uruguay Round Agree- 24 ments are lower than the tariffs bound by 25 that country; HEY15356 S.L.C. 65 1 (ii) consider whether the tariff levels 2 bound and applied throughout the world 3 with respect to imports from the United 4 States are higher than United States tar- 5 iffs and whether the negotiation provides 6 an opportunity to address any such dis- 7 parity; and 8 (iii) consult with the Committee on 9 Ways and Means and the Committee on 10 Agriculture of the House of Representa- 11 tives and the Committee on Finance and 12 the Committee on Agriculture, Nutrition, 13 and Forestry of the Senate concerning the 14 results of the assessment, whether it is ap- 15 propriate for the United States to agree to 16 further tariff reductions based on the con- 17 clusions reached in the assessment, and 18 how all applicable negotiating objectives 19 will be met. 20 (B) SPECIAL CONSULTATIONS ON IMPORT 21 SENSITIVE PRODUCTS.—(i) 22 gotiations with regard to agriculture and, with 23 respect to agreements described in paragraphs 24 (2) and (3) of section 7(a), as soon as prac- 25 ticable after the date of the enactment of this Before initiating ne- HEY15356 S.L.C. 66 1 Act, the United States Trade Representative 2 shall— 3 (I) identify those agricultural products 4 subject to tariff rate quotas on the date of 5 enactment of this Act, and agricultural 6 products subject to tariff reductions by the 7 United States as a result of the Uruguay 8 Round Agreements, for which the rate of 9 duty was reduced on January 1, 1995, to 10 a rate which was not less than 97.5 per- 11 cent of the rate of duty that applied to 12 such article on December 31, 1994; 13 (II) consult with the Committee on 14 Ways and Means and the Committee on 15 Agriculture of the House of Representa- 16 tives and the Committee on Finance and 17 the Committee on Agriculture, Nutrition, 18 and Forestry of the Senate concerning— 19 (aa) whether any further tariff 20 reductions on the products identified 21 under subclause (I) should be appro- 22 priate, taking into account the impact 23 of any such tariff reduction on the 24 United States industry producing the 25 product concerned; HEY15356 S.L.C. 67 1 (bb) whether the products so 2 identified face unjustified sanitary or 3 phytosanitary restrictions, including 4 those not based on scientific principles 5 in contravention of the Uruguay 6 Round Agreements; and 7 (cc) whether the countries par- 8 ticipating in the negotiations maintain 9 export subsidies or other programs, 10 policies, or practices that distort world 11 trade in such products and the impact 12 of such programs, policies, and prac- 13 tices on United States producers of 14 the products; 15 (III) request that the International 16 Trade Commission prepare an assessment 17 of the probable economic effects of any 18 such tariff reduction on the United States 19 industry producing the product concerned 20 and on the United States economy as a 21 whole; and 22 (IV) upon complying with subclauses 23 (I), (II), and (III), notify the Committee 24 on Ways and Means and the Committee on 25 Agriculture of the House of Representa- HEY15356 S.L.C. 68 1 tives and the Committee on Finance and 2 the Committee on Agriculture, Nutrition, 3 and Forestry of the Senate of those prod- 4 ucts identified under subclause (I) for 5 which the Trade Representative intends to 6 seek tariff liberalization in the negotiations 7 and the reasons for seeking such tariff lib- 8 eralization. 9 (ii) If, after negotiations described in 10 clause (i) are commenced— 11 (I) the United States Trade Rep- 12 resentative identifies any additional agri- 13 cultural product described in clause (i)(I) 14 for tariff reductions which were not the 15 subject of a notification under clause 16 (i)(IV), or 17 (II) any additional agricultural prod- 18 uct described in clause (i)(I) is the subject 19 of a request for tariff reductions by a 20 party to the negotiations, 21 the Trade Representative shall, as soon as prac- 22 ticable, notify the committees referred to in 23 clause (i)(IV) of those products and the reasons 24 for seeking such tariff reductions. HEY15356 S.L.C. 69 1 (3) NEGOTIATIONS REGARDING THE FISHING 2 INDUSTRY.—Before 3 tiations that directly relate to fish or shellfish trade 4 with any country, the President shall consult with 5 the Committee on Ways and Means and the Com- 6 mittee on Natural Resources of the House of Rep- 7 resentatives, and the Committee on Finance and the 8 Committee on Commerce, Science, and Transpor- 9 tation of the Senate, and shall keep the Committees 10 apprised of the negotiations on an ongoing and time- 11 ly basis. 12 initiating, or continuing, nego- (4) NEGOTIATIONS REGARDING TEXTILES.—Be- 13 fore initiating or continuing negotiations the subject 14 matter of which is directly related to textiles and ap- 15 parel products with any country, the President 16 shall— 17 (A) assess whether United States tariffs on 18 textile and apparel products that were bound 19 under the Uruguay Round Agreements are 20 lower than the tariffs bound by that country 21 and whether the negotiation provides an oppor- 22 tunity to address any such disparity; and 23 (B) consult with the Committee on Ways 24 and Means of the House of Representatives and 25 the Committee on Finance of the Senate con- HEY15356 S.L.C. 70 1 cerning the results of the assessment, whether 2 it is appropriate for the United States to agree 3 to further tariff reductions based on the conclu- 4 sions reached in the assessment, and how all 5 applicable negotiating objectives will be met. 6 (5) ADHERENCE TO EXISTING INTERNATIONAL 7 TRADE 8 TIONS.—In 9 tiations with a particular country, the President 10 shall take into account the extent to which that 11 country has implemented, or has accelerated the im- 12 plementation of, its international trade and invest- 13 ment commitments to the United States, including 14 pursuant to the WTO Agreement. 15 (b) AND INVESTMENT AGREEMENT OBLIGA- determining whether to enter into nego- CONSULTATION WITH CONGRESS BEFORE 16 ENTRY INTO AGREEMENT.— 17 (1) CONSULTATION.—Before entering into any 18 trade agreement under section 3(b), the President 19 shall consult with— 20 (A) the Committee on Ways and Means of 21 the House of Representatives and the Com- 22 mittee on Finance of the Senate; 23 (B) each other committee of the House 24 and the Senate, and each joint committee of 25 Congress, which has jurisdiction over legislation HEY15356 S.L.C. 71 1 involving subject matters which would be af- 2 fected by the trade agreement; and 3 (C) the House Advisory Group on Negotia- 4 tions and the Senate Advisory Group on Nego- 5 tiations convened under section 4(c). 6 (2) SCOPE.—The consultation described in 7 paragraph (1) shall include consultation with respect 8 to— 9 (A) the nature of the agreement; 10 (B) how and to what extent the agreement 11 will achieve the applicable purposes, policies, 12 priorities, and objectives of this Act; and 13 (C) the implementation of the agreement 14 under section 6, including the general effect of 15 the agreement on existing laws. 16 (3) 17 18 REPORT REGARDING UNITED STATES TRADE REMEDY LAWS.— (A) CHANGES IN CERTAIN TRADE LAWS.— 19 The President, not less than 180 calendar days 20 before the day on which the President enters 21 into a trade agreement under section 3(b), shall 22 report to the Committee on Ways and Means of 23 the House of Representatives and the Com- 24 mittee on Finance of the Senate— HEY15356 S.L.C. 72 1 (i) the range of proposals advanced in 2 the negotiations with respect to that agree- 3 ment, that may be in the final agreement, 4 and that could require amendments to title 5 VII of the Tariff Act of 1930 (19 U.S.C. 6 1671 et seq.) or to chapter 1 of title II of 7 the Trade Act of 1974 (19 U.S.C. 2251 et 8 seq.); and 9 (ii) how these proposals relate to the 10 objectives described in section 2(b)(16). 11 (B) RESOLUTIONS.—(i) At any time after 12 the transmission of the report under subpara- 13 graph (A), if a resolution is introduced with re- 14 spect to that report in either House of Con- 15 gress, the procedures set forth in clauses (iii) 16 through (vii) shall apply to that resolution if— 17 (I) no other resolution with respect to 18 that report has previously been reported in 19 that House of Congress by the Committee 20 on Ways and Means or the Committee on 21 Finance, as the case may be, pursuant to 22 those procedures; and 23 (II) no procedural disapproval resolu- 24 tion under section 6(b) introduced with re- 25 spect to a trade agreement entered into HEY15356 S.L.C. 73 1 pursuant to the negotiations to which the 2 report under subparagraph (A) relates has 3 previously been reported in that House of 4 Congress by the Committee on Ways and 5 Means or the Committee on Finance, as 6 the case may be. 7 (ii) For purposes of this subparagraph, the 8 term ‘‘resolution’’ means only a resolution of ei- 9 ther House of Congress, the matter after the 10 resolving clause of which is as follows: ‘‘That 11 the llll finds that the proposed changes 12 to United States trade remedy laws contained 13 in the report of the President transmitted to 14 Congress on llll under section 5(b)(3) of 15 the Bipartisan Congressional Trade Priorities 16 and Accountability Act of 2015 with respect to 17 llll, are inconsistent with the negotiating 18 objectives described in section 2(b)(16) of that 19 Act.’’, with the first blank space being filled 20 with the name of the resolving House of Con- 21 gress, the second blank space being filled with 22 the appropriate date of the report, and the 23 third blank space being filled with the name of 24 the country or countries involved. HEY15356 S.L.C. 74 1 2 (iii) Resolutions in the House of Representatives— 3 4 (I) may be introduced by any Member of the House; 5 (II) shall be referred to the Com- 6 mittee on Ways and Means and, in addi- 7 tion, to the Committee on Rules; and 8 9 10 (III) may not be amended by either Committee. (iv) Resolutions in the Senate— 11 12 (I) may be introduced by any Member of the Senate; 13 14 (II) shall be referred to the Committee on Finance; and 15 (III) may not be amended. 16 (v) It is not in order for the House of Rep- 17 resentatives to consider any resolution that is 18 not reported by the Committee on Ways and 19 Means and, in addition, by the Committee on 20 Rules. 21 (vi) It is not in order for the Senate to 22 consider any resolution that is not reported by 23 the Committee on Finance. 24 (vii) The provisions of subsections (d) and 25 (e) of section 152 of the Trade Act of 1974 (19 HEY15356 S.L.C. 75 1 U.S.C. 2192) (relating to floor consideration of 2 certain resolutions in the House and Senate) 3 shall apply to resolutions. 4 (4) ADVISORY COMMITTEE REPORTS.—The re- 5 port required under section 135(e)(1) of the Trade 6 Act of 1974 (19 U.S.C. 2155(e)(1)) regarding any 7 trade agreement entered into under subsection (a) or 8 (b) of section 3 shall be provided to the President, 9 Congress, and the United States Trade Representa- 10 tive not later than 30 days after the date on which 11 the President notifies Congress under section 12 3(a)(2) or 6(a)(1)(A) of the intention of the Presi- 13 dent to enter into the agreement. 14 (c) INTERNATIONAL TRADE COMMISSION ASSESS- 15 16 MENT.— (1) SUBMISSION OF INFORMATION TO COMMIS- 17 SION.—The 18 days before the day on which the President enters 19 into a trade agreement under section 3(b), shall pro- 20 vide the International Trade Commission (referred 21 to in this subsection as the ‘‘Commission’’) with the 22 details of the agreement as it exists at that time and 23 request the Commission to prepare and submit an 24 assessment of the agreement as described in para- 25 graph (2). Between the time the President makes President, not later than 90 calendar HEY15356 S.L.C. 76 1 the request under this paragraph and the time the 2 Commission submits the assessment, the President 3 shall keep the Commission current with respect to 4 the details of the agreement. 5 (2) ASSESSMENT.—Not later than 105 calendar 6 days after the President enters into a trade agree- 7 ment under section 3(b), the Commission shall sub- 8 mit to the President and Congress a report assessing 9 the likely impact of the agreement on the United 10 States economy as a whole and on specific industry 11 sectors, including the impact the agreement will have 12 on the gross domestic product, exports and imports, 13 aggregate employment and employment opportuni- 14 ties, the production, employment, and competitive 15 position of industries likely to be significantly af- 16 fected by the agreement, and the interests of United 17 States consumers. 18 (3) REVIEW OF EMPIRICAL LITERATURE.—In 19 preparing the assessment under paragraph (2), the 20 Commission shall review available economic assess- 21 ments regarding the agreement, including literature 22 regarding any substantially equivalent proposed 23 agreement, and shall provide in its assessment a de- 24 scription of the analyses used and conclusions drawn 25 in such literature, and a discussion of areas of con- HEY15356 S.L.C. 77 1 sensus and divergence between the various analyses 2 and conclusions, including those of the Commission 3 regarding the agreement. 4 (4) PUBLIC AVAILABILITY.—The President 5 shall make each assessment under paragraph (2) 6 available to the public. 7 (d) REPORTS SUBMITTED TO COMMITTEES WITH 8 AGREEMENT.— 9 10 (1) ENVIRONMENTAL PORTS.—The REVIEWS AND RE- President shall— 11 (A) conduct environmental reviews of fu- 12 ture trade and investment agreements, con- 13 sistent with Executive Order 13141 (64 Fed. 14 Reg. 63169), dated November 16, 1999, and its 15 relevant guidelines; and 16 (B) submit a report on those reviews and 17 on the content and operation of consultative 18 mechanisms established pursuant to section 19 2(c) to the Committee on Ways and Means of 20 the House of Representatives and the Com- 21 mittee on Finance of the Senate at the time the 22 President submits to Congress a copy of the 23 final legal text of an agreement pursuant to 24 section 6(a)(1)(E). HEY15356 S.L.C. 78 1 2 (2) EMPLOYMENT PORTS.—The IMPACT REVIEWS AND RE- President shall— 3 (A) review the impact of future trade 4 agreements on United States employment, in- 5 cluding labor markets, modeled after Executive 6 Order 13141 (64 Fed. Reg. 63169) to the ex- 7 tent appropriate in establishing procedures and 8 criteria; and 9 (B) submit a report on such reviews to the 10 Committee on Ways and Means of the House of 11 Representatives and the Committee on Finance 12 of the Senate at the time the President submits 13 to Congress a copy of the final legal text of an 14 agreement pursuant to section 6(a)(1)(E). 15 (3) REPORT ON LABOR RIGHTS.—The President 16 shall submit to the Committee on Ways and Means 17 of the House of Representatives and the Committee 18 on Finance of the Senate, on a timeframe deter- 19 mined in accordance with section 4(c)(3)(B)(v)— 20 (A) a meaningful labor rights report of the 21 country, or countries, with respect to which the 22 President is negotiating; and 23 (B) a description of any provisions that 24 would require changes to the labor laws and 25 labor practices of the United States. HEY15356 S.L.C. 79 1 (4) PUBLIC AVAILABILITY.—The President 2 shall make all reports required under this subsection 3 available to the public. 4 (e) IMPLEMENTATION 5 (1) IN AND GENERAL.—At ENFORCEMENT PLAN.— the time the President 6 submits to Congress a copy of the final legal text of 7 an agreement pursuant to section 6(a)(1)(E), the 8 President shall also submit to Congress a plan for 9 implementing and enforcing the agreement. 10 (2) ELEMENTS.—The implementation and en- 11 forcement plan required by paragraph (1) shall in- 12 clude the following: 13 (A) BORDER PERSONNEL REQUIRE- 14 MENTS.—A 15 required at border entry points, including a list 16 of additional customs and agricultural inspec- 17 tors. 18 description of additional personnel (B) AGENCY STAFFING REQUIREMENTS.— 19 A description of additional personnel required 20 by Federal agencies responsible for monitoring 21 and implementing the trade agreement, includ- 22 ing personnel required by the Office of the 23 United States Trade Representative, the De- 24 partment of Commerce, the Department of Ag- 25 riculture (including additional personnel re- HEY15356 S.L.C. 80 1 quired to implement sanitary and phytosanitary 2 measures in order to obtain market access for 3 United States exports), the Department of 4 Homeland Security, the Department of the 5 Treasury, and such other agencies as may be 6 necessary. 7 (C) CUSTOMS INFRASTRUCTURE REQUIRE- 8 MENTS.—A 9 ment and facilities needed by U.S. Customs and 10 11 description of the additional equip- Border Protection. (D) IMPACT ON STATE AND LOCAL GOV- 12 ERNMENTS.—A 13 trade agreement will have on State and local 14 governments as a result of increases in trade. 15 (E) COST description of the impact the ANALYSIS.—An analysis of the 16 costs associated with each of the items listed in 17 subparagraphs (A) through (D). 18 (3) BUDGET SUBMISSION.—The President shall 19 include a request for the resources necessary to sup- 20 port the plan required by paragraph (1) in the first 21 budget of the President submitted to Congress 22 under section 1105(a) of title 31, United States 23 Code, after the date of the submission of the plan. HEY15356 S.L.C. 81 1 (4) PUBLIC AVAILABILITY.—The President 2 shall make the plan required under this subsection 3 available to the public. 4 (f) OTHER REPORTS.— 5 (1) REPORT ON PENALTIES.—Not later than 6 one year after the imposition by the United States 7 of a penalty or remedy permitted by a trade agree- 8 ment to which this Act applies, the President shall 9 submit to the Committee on Ways and Means of the 10 House of Representatives and the Committee on Fi- 11 nance of the Senate a report on the effectiveness of 12 the penalty or remedy applied under United States 13 law in enforcing United States rights under the 14 trade agreement, which shall address whether the 15 penalty or remedy was effective in changing the be- 16 havior of the targeted party and whether the penalty 17 or remedy had any adverse impact on parties or in- 18 terests not party to the dispute. 19 (2) REPORT ON IMPACT OF TRADE PROMOTION 20 AUTHORITY.—Not 21 of the enactment of this Act, and not later than 5 22 years thereafter, the United States International 23 Trade Commission shall submit to the Committee on 24 Ways and Means of the House of Representatives 25 and the Committee on Finance of the Senate a re- later than one year after the date HEY15356 S.L.C. 82 1 port on the economic impact on the United States 2 of all trade agreements with respect to which Con- 3 gress has enacted an implementing bill under trade 4 authorities procedures since January 1, 1984. 5 (3) ENFORCEMENT CONSULTATIONS AND RE- 6 PORTS.—(A) 7 tive shall consult with the Committee on Ways and 8 Means of the House of Representatives and the 9 Committee on Finance of the Senate after accept- 10 ance of a petition for review or taking an enforce- 11 ment action in regard to an obligation under a trade 12 agreement, including a labor or environmental obli- 13 gation. During such consultations, the United States 14 Trade Representative shall describe the matter, in- 15 cluding the basis for such action and the application 16 of any relevant legal obligations. The United States Trade Representa- 17 (B) As part of the report required pursuant to 18 section 163 of the Trade Act of 1974 (19 U.S.C. 19 2213), the President shall report annually to Con- 20 gress on enforcement actions taken pursuant to a 21 trade agreement to which the United States is a 22 party, as well as on any public reports issued by 23 Federal agencies on enforcement matters relating to 24 a trade agreement. HEY15356 S.L.C. 83 1 (g) ADDITIONAL COORDINATION WITH MEMBERS.— 2 Any Member of the House of Representatives may submit 3 to the Committee on Ways and Means of the House of 4 Representatives and any Member of the Senate may sub5 mit to the Committee on Finance of the Senate the views 6 of that Member on any matter relevant to a proposed 7 trade agreement, and the relevant Committee shall receive 8 those views for consideration. 9 10 11 SEC. 6. IMPLEMENTATION OF TRADE AGREEMENTS. (a) IN GENERAL.— (1) NOTIFICATION AND SUBMISSION.—Any 12 agreement entered into under section 3(b) shall 13 enter into force with respect to the United States if 14 (and only if)— 15 (A) the President, at least 90 calendar 16 days before the day on which the President en- 17 ters into the trade agreement, notifies the 18 House of Representatives and the Senate of the 19 President’s intention to enter into the agree- 20 ment, and promptly thereafter publishes notice 21 of such intention in the Federal Register; 22 (B) the President, at least 60 days before 23 the day on which the President enters into the 24 agreement, publishes the text of the agreement 25 on a publicly available Internet website of the HEY15356 S.L.C. 84 1 Office of the United States Trade Representa- 2 tive; 3 (C) within 60 days after entering into the 4 agreement, the President submits to Congress a 5 description of those changes to existing laws 6 that the President considers would be required 7 in order to bring the United States into compli- 8 ance with the agreement; 9 (D) the President, at least 30 days before 10 submitting to Congress the materials under 11 subparagraph (E), submits to Congress— 12 (i) a draft statement of any adminis- 13 trative action proposed to implement the 14 agreement; and 15 (ii) a copy of the final legal text of the 16 agreement; 17 (E) after entering into the agreement, the 18 President submits to Congress, on a day on 19 which both Houses of Congress are in session, 20 a copy of the final legal text of the agreement, 21 together with— 22 23 (i) a draft of an implementing bill described in section 3(b)(3); HEY15356 S.L.C. 85 1 (ii) a statement of any administrative 2 action proposed to implement the trade 3 agreement; and 4 (iii) the supporting information de- 5 scribed in paragraph (2)(A); 6 (F) the implementing bill is enacted into 7 law; and 8 (G) the President, not later than 30 days 9 before the date on which the agreement enters 10 into force with respect to a party to the agree- 11 ment, submits written notice to Congress that 12 the President has determined that the party 13 has taken measures necessary to comply with 14 those provisions of the agreement that are to 15 take effect on the date on which the agreement 16 enters into force. 17 (2) SUPPORTING 18 (A) IN INFORMATION.— GENERAL.—The supporting infor- 19 mation required under paragraph (1)(E)(iii) 20 consists of— 21 (i) an explanation as to how the im- 22 plementing bill and proposed administra- 23 tive action will change or affect existing 24 law; and 25 (ii) a statement— HEY15356 S.L.C. 86 1 (I) asserting that the agreement 2 makes progress in achieving the appli- 3 cable purposes, policies, priorities, and 4 objectives of this Act; and 5 (II) setting forth the reasons of 6 the President regarding— 7 (aa) how and to what extent 8 the agreement makes progress in 9 achieving the applicable purposes, 10 policies, and objectives referred 11 to in subclause (I); 12 (bb) whether and how the 13 agreement changes provisions of 14 an agreement previously nego- 15 tiated; 16 (cc) how the agreement 17 serves the interests of United 18 States commerce; and 19 (dd) how the implementing 20 bill meets the standards set forth 21 in section 3(b)(3). 22 (B) PUBLIC AVAILABILITY.—The Presi- 23 dent shall make the supporting information de- 24 scribed in subparagraph (A) available to the 25 public. HEY15356 S.L.C. 87 1 (3) RECIPROCAL BENEFITS.—In order to en- 2 sure that a foreign country that is not a party to a 3 trade agreement entered into under section 3(b) 4 does not receive benefits under the agreement unless 5 the country is also subject to the obligations under 6 the agreement, the implementing bill submitted with 7 respect to the agreement shall provide that the bene- 8 fits and obligations under the agreement apply only 9 to the parties to the agreement, if such application 10 is consistent with the terms of the agreement. The 11 implementing bill may also provide that the benefits 12 and obligations under the agreement do not apply 13 uniformly to all parties to the agreement, if such ap- 14 plication is consistent with the terms of the agree- 15 ment. 16 (4) DISCLOSURE OF COMMITMENTS.—Any 17 agreement or other understanding with a foreign 18 government or governments (whether oral or in writ- 19 ing) that— 20 (A) relates to a trade agreement with re- 21 spect to which Congress enacts an imple- 22 menting bill under trade authorities procedures; 23 and HEY15356 S.L.C. 88 1 (B) is not disclosed to Congress before an 2 implementing bill with respect to that agree- 3 ment is introduced in either House of Congress, 4 shall not be considered to be part of the agreement 5 approved by Congress and shall have no force and 6 effect under United States law or in any dispute set- 7 tlement body. 8 (b) LIMITATIONS 9 10 11 12 ON TRADE AUTHORITIES PROCE- DURES.— (1) FOR LACK OF NOTICE OR CONSULTA- TIONS.— (A) IN GENERAL.—The trade authorities 13 procedures shall not apply to any implementing 14 bill submitted with respect to a trade agreement 15 or trade agreements entered into under section 16 3(b) if during the 60-day period beginning on 17 the date that one House of Congress agrees to 18 a procedural disapproval resolution for lack of 19 notice or consultations with respect to such 20 trade agreement or agreements, the other 21 House separately agrees to a procedural dis- 22 approval resolution with respect to such trade 23 agreement or agreements. 24 25 (B) PROCEDURAL TION.—(i) DISAPPROVAL RESOLU- For purposes of this paragraph, the HEY15356 S.L.C. 89 1 term ‘‘procedural disapproval resolution’’ means 2 a resolution of either House of Congress, the 3 sole matter after the resolving clause of which 4 is as follows: ‘‘That the President has failed or 5 refused to notify or consult in accordance with 6 the Bipartisan Congressional Trade Priorities 7 and Accountability Act of 2015 on negotiations 8 with respect to llllllll and, there- 9 fore, the trade authorities procedures under 10 that Act shall not apply to any implementing 11 bill submitted with respect to such trade agree- 12 ment or agreements.’’, with the blank space 13 being filled with a description of the trade 14 agreement or agreements with respect to which 15 the President is considered to have failed or re- 16 fused to notify or consult. 17 (ii) For purposes of clause (i) and para- 18 graphs (3)(C) and (4)(C), the President has 19 ‘‘failed or refused to notify or consult in accord- 20 ance with the Bipartisan Congressional Trade 21 Priorities and Accountability Act of 2015’’ on 22 negotiations with respect to a trade agreement 23 or trade agreements if— 24 (I) the President has failed or refused 25 to consult (as the case may be) in accord- HEY15356 S.L.C. 90 1 ance with sections 4 and 5 and this section 2 with respect to the negotiations, agree- 3 ment, or agreements; 4 (II) guidelines under section 4 have 5 not been developed or met with respect to 6 the negotiations, agreement, or agree- 7 ments; 8 (III) the President has not met with 9 the House Advisory Group on Negotiations 10 or the Senate Advisory Group on Negotia- 11 tions pursuant to a request made under 12 section 4(c)(4) with respect to the negotia- 13 tions, agreement, or agreements; or 14 (IV) the agreement or agreements fail 15 to make progress in achieving the pur- 16 poses, policies, priorities, and objectives of 17 this Act. 18 (2) PROCEDURES 19 20 21 22 TIONS.—(A) FOR CONSIDERING RESOLU- Procedural disapproval resolutions— (i) in the House of Representatives— (I) may be introduced by any Member of the House; 23 (II) shall be referred to the Com- 24 mittee on Ways and Means and, in addi- 25 tion, to the Committee on Rules; and HEY15356 S.L.C. 91 1 (III) may not be amended by either 2 Committee; and 3 (ii) in the Senate— 4 5 6 7 8 (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. 9 (B) The provisions of subsections (d) and (e) of 10 section 152 of the Trade Act of 1974 (19 U.S.C. 11 2192) (relating to the floor consideration of certain 12 resolutions in the House and Senate) apply to a pro- 13 cedural disapproval resolution introduced with re- 14 spect to a trade agreement if no other procedural 15 disapproval resolution with respect to that trade 16 agreement has previously been reported in that 17 House of Congress by the Committee on Ways and 18 Means or the Committee on Finance, as the case 19 may be, and if no resolution described in clause (ii) 20 of section 5(b)(3)(B) with respect to that trade 21 agreement has been reported in that House of Con- 22 gress by the Committee on Ways and Means or the 23 Committee on Finance, as the case may be, pursu- 24 ant to the procedures set forth in clauses (iii) 25 through (vii) of such section. HEY15356 S.L.C. 92 1 (C) It is not in order for the House of Rep- 2 resentatives to consider any procedural disapproval 3 resolution not reported by the Committee on Ways 4 and Means and, in addition, by the Committee on 5 Rules. 6 (D) It is not in order for the Senate to consider 7 any procedural disapproval resolution not reported 8 by the Committee on Finance. 9 (3) CONSIDERATION IN SENATE OF CONSULTA- 10 TION AND COMPLIANCE RESOLUTION TO REMOVE 11 TRADE AUTHORITIES PROCEDURES.— 12 (A) REPORTING OF RESOLUTION.—If, 13 when the Committee on Finance of the Senate 14 meets on whether to report an implementing 15 bill with respect to a trade agreement or agree- 16 ments entered into under section 3(b), the com- 17 mittee fails to favorably report the bill, the 18 committee shall report a resolution described in 19 subparagraph (C). 20 (B) APPLICABILITY OF TRADE AUTHORI- 21 TIES PROCEDURES.—The 22 cedures shall not apply in the Senate to any im- 23 plementing bill submitted with respect to a 24 trade agreement or agreements described in 25 subparagraph (A) if the Committee on Finance trade authorities pro- HEY15356 S.L.C. 93 1 reports a resolution described in subparagraph 2 (C) and such resolution is agreed to by the Sen- 3 ate. 4 (C) RESOLUTION DESCRIBED.—A resolu- 5 tion described in this subparagraph is a resolu- 6 tion of the Senate originating from the Com- 7 mittee on Finance the sole matter after the re- 8 solving clause of which is as follows: ‘‘That the 9 President has failed or refused to notify or con- 10 sult in accordance with the Bipartisan Congres- 11 sional Trade Priorities and Accountability Act 12 of 2015 on negotiations with respect to 13 lllll and, therefore, the trade authori- 14 ties procedures under that Act shall not apply 15 in the Senate to any implementing bill sub- 16 mitted with respect to such trade agreement or 17 agreements.’’, with the blank space being filled 18 with a description of the trade agreement or 19 agreements described in subparagraph (A). 20 (D) PROCEDURES.—If the Senate does not 21 agree to a motion to invoke cloture on the mo- 22 tion to proceed to a resolution described in sub- 23 paragraph (C), the resolution shall be com- 24 mitted to the Committee on Finance. HEY15356 S.L.C. 94 1 (4) CONSIDERATION IN THE HOUSE OF REP- 2 RESENTATIVES OF A CONSULTATION AND COMPLI- 3 ANCE RESOLUTION.— 4 5 (A) QUALIFICATIONS FOR REPORTING RES- OLUTION.—If— 6 (i) the Committee on Ways and 7 Means of the House of Representatives re- 8 ports an implementing bill with respect to 9 a trade agreement or agreements entered 10 into under section 3(b) with other than a 11 favorable recommendation; and 12 (ii) a Member of the House of Rep- 13 resentatives has introduced a consultation 14 and compliance resolution on the legislative 15 day following the filing of a report to ac- 16 company the implementing bill with other 17 than a favorable recommendation, 18 then the Committee on Ways and Means shall 19 consider a consultation and compliance resolu- 20 tion pursuant to subparagraph (B). 21 (B) COMMITTEE CONSIDERATION OF A 22 QUALIFYING RESOLUTION.—(i) 23 the fourth legislative day after the date of intro- 24 duction of the resolution, the Committee on 25 Ways and Means shall meet to consider a reso- Not later than HEY15356 S.L.C. 95 1 lution meeting the qualifications set forth in 2 subparagraph (A). 3 (ii) After consideration of one such resolu- 4 tion by the Committee on Ways and Means, 5 this subparagraph shall not apply to any other 6 such resolution. 7 (iii) If the Committee on Ways and Means 8 has not reported the resolution by the sixth leg- 9 islative day after the date of its introduction, 10 that committee shall be discharged from further 11 consideration of the resolution. 12 (C) CONSULTATION 13 OLUTION 14 compliance resolution— AND COMPLIANCE RES- DESCRIBED.—A consultation and 15 (i) is a resolution of the House of 16 Representatives, the sole matter after the 17 resolving clause of which is as follows: 18 ‘‘That the President has failed or refused 19 to notify or consult in accordance with the 20 Bipartisan Congressional Trade Priorities 21 and Accountability Act of 2015 on negotia- 22 tions with respect to lllll and, 23 therefore, the trade authorities procedures 24 under that Act shall not apply in the 25 House of Representatives to any imple- HEY15356 S.L.C. 96 1 menting bill submitted with respect to such 2 trade agreement or agreements.’’, with the 3 blank space being filled with a description 4 of the trade agreement or agreements de- 5 scribed in subparagraph (A); and 6 (ii) shall be referred to the Committee 7 on Ways and Means. 8 (D) APPLICABILITY OF TRADE AUTHORI- 9 TIES PROCEDURES.—The trade authorities pro- 10 cedures shall not apply in the House of Rep- 11 resentatives to any implementing bill submitted 12 with respect to a trade agreement or agree- 13 ments which are the object of a consultation 14 and compliance resolution if such resolution is 15 adopted by the House. 16 (5) FOR FAILURE TO MEET OTHER REQUIRE- 17 MENTS.—Not later than December 15, 2015, the 18 Secretary of Commerce, in consultation with the 19 Secretary of State, the Secretary of the Treasury, 20 the Attorney General, and the United States Trade 21 Representative, shall transmit to Congress a report 22 setting forth the strategy of the executive branch to 23 address concerns of Congress regarding whether dis- 24 pute settlement panels and the Appellate Body of 25 the World Trade Organization have added to obliga- HEY15356 S.L.C. 97 1 tions, or diminished rights, of the United States, as 2 described in section 2(b)(15)(C). Trade authorities 3 procedures shall not apply to any implementing bill 4 with respect to an agreement negotiated under the 5 auspices of the World Trade Organization unless the 6 Secretary of Commerce has issued such report by 7 the deadline specified in this paragraph. 8 (c) RULES OF HOUSE OF REPRESENTATIVES AND 9 SENATE.—Subsection (b) of this section, section 3(c), and 10 section 5(b)(3) are enacted by Congress— 11 (1) as an exercise of the rulemaking power of 12 the House of Representatives and the Senate, re- 13 spectively, and as such are deemed a part of the 14 rules of each House, respectively, and such proce- 15 dures supersede other rules only to the extent that 16 they are inconsistent with such other rules; and 17 (2) with the full recognition of the constitu- 18 tional right of either House to change the rules (so 19 far as relating to the procedures of that House) at 20 any time, in the same manner, and to the same ex- 21 tent as any other rule of that House. HEY15356 S.L.C. 98 1 SEC. 7. TREATMENT OF CERTAIN TRADE AGREEMENTS FOR 2 WHICH 3 BEGUN. 4 NEGOTIATIONS HAVE ALREADY (a) CERTAIN AGREEMENTS.—Notwithstanding the 5 prenegotiation notification and consultation requirement 6 described in section 5(a), if an agreement to which section 7 3(b) applies— 8 9 (1) is entered into under the auspices of the World Trade Organization, 10 (2) is entered into with the Trans-Pacific Part- 11 nership countries with respect to which notifications 12 have been made in a manner consistent with section 13 5(a)(1)(A) as of the date of the enactment of this 14 Act, 15 (3) is entered into with the European Union, 16 (4) is an agreement with respect to inter- 17 national trade in services entered into with WTO 18 members with respect to which a notification has 19 been made in a manner consistent with section 20 5(a)(1)(A) as of the date of the enactment of this 21 Act, or 22 (5) is an agreement with respect to environ- 23 mental goods entered into with WTO members with 24 respect to which a notification has been made in a 25 manner consistent with section 5(a)(1)(A) as of the 26 date of the enactment of this Act, HEY15356 S.L.C. 99 1 and results from negotiations that were commenced before 2 the date of the enactment of this Act, subsection (b) shall 3 apply. 4 (b) TREATMENT OF AGREEMENTS.—In the case of 5 any agreement to which subsection (a) applies, the appli6 cability of the trade authorities procedures to imple7 menting bills shall be determined without regard to the 8 requirements of section 5(a) (relating only to notice prior 9 to initiating negotiations), and any resolution under para10 graph (1)(B), (3)(C), or (4)(C) of section 6(b) shall not 11 be in order on the basis of a failure or refusal to comply 12 with the provisions of section 5(a), if (and only if) the 13 President, as soon as feasible after the date of the enact14 ment of this Act— 15 (1) notifies Congress of the negotiations de- 16 scribed in subsection (a), the specific United States 17 objectives in the negotiations, and whether the Presi- 18 dent is seeking a new agreement or changes to an 19 existing agreement; and 20 (2) before and after submission of the notice, 21 consults regarding the negotiations with the commit- 22 tees referred to in section 5(a)(1)(B) and the House 23 and Senate Advisory Groups on Negotiations con- 24 vened under section 4(c). HEY15356 S.L.C. 100 1 2 SEC. 8. SOVEREIGNTY. (a) UNITED STATES LAW TO PREVAIL IN EVENT OF 3 CONFLICT.—No provision of any trade agreement entered 4 into under section 3(b), nor the application of any such 5 provision to any person or circumstance, that is incon6 sistent with any law of the United States, any State of 7 the United States, or any locality of the United States 8 shall have effect. 9 (b) AMENDMENTS OR MODIFICATIONS OF UNITED 10 STATES LAW.—No provision of any trade agreement en11 tered into under section 3(b) shall prevent the United 12 States, any State of the United States, or any locality of 13 the United States from amending or modifying any law 14 of the United States, that State, or that locality (as the 15 case may be). 16 (c) DISPUTE SETTLEMENT REPORTS.—Reports, in- 17 cluding findings and recommendations, issued by dispute 18 settlement panels convened pursuant to any trade agree19 ment entered into under section 3(b) shall have no binding 20 effect on the law of the United States, the Government 21 of the United States, or the law or government of any 22 State or locality of the United States. 23 24 SEC. 9. INTERESTS OF SMALL BUSINESSES. (a) SENSE 25 gress that— OF CONGRESS.—It is the sense of Con- HEY15356 S.L.C. 101 1 (1) the United States Trade Representative 2 should facilitate participation by small businesses in 3 the trade negotiation process; and 4 (2) the functions of the Office of the United 5 States Trade Representative relating to small busi- 6 nesses should continue to be reflected in the title of 7 the Assistant United States Trade Representative 8 assigned the responsibility for small businesses. 9 (b) CONSIDERATION 10 ESTS.—The OF SMALL BUSINESS INTER- Assistant United States Trade Representative 11 for Small Business, Market Access, and Industrial Com12 petitiveness shall be responsible for ensuring that the in13 terests of small businesses are considered in all trade ne14 gotiations in accordance with the objective described in 15 section 2(a)(8). 16 17 18 19 SEC. 10. CONFORMING AMENDMENTS; APPLICATION OF CERTAIN PROVISIONS. (a) CONFORMING AMENDMENTS.— (1) ADVICE FROM UNITED STATES INTER- 20 NATIONAL TRADE COMMISSION.—Section 21 Trade Act of 1974 (19 U.S.C. 2151) is amended— 22 131 of the (A) in subsection (a)— 23 (i) in paragraph (1), by striking ‘‘sec- 24 tion 2103(a) or (b) of the Bipartisan 25 Trade Promotion Authority Act of 2002’’ HEY15356 S.L.C. 102 1 and inserting ‘‘subsection (a) or (b) of sec- 2 tion 3 of the Bipartisan Congressional 3 Trade Priorities and Accountability Act of 4 2015’’; and 5 (ii) in paragraph (2), by striking ‘‘sec- 6 tion 2103(b) of the Bipartisan Trade Pro- 7 motion Authority Act of 2002’’ and insert- 8 ing ‘‘section 3(b) of the Bipartisan Con- 9 gressional Trade Priorities and Account- 10 ability Act of 2015’’; 11 (B) in subsection (b), by striking ‘‘section 12 2103(a)(3)(A) of the Bipartisan Trade Pro- 13 motion Authority Act of 2002’’ and inserting 14 ‘‘section 3(a)(4)(A) of the Bipartisan Congres- 15 sional Trade Priorities and Accountability Act 16 of 2015’’; and 17 (C) in subsection (c), by striking ‘‘section 18 2103 of the Bipartisan Trade Promotion Au- 19 thority Act of 2002’’ and inserting ‘‘section 20 3(a) of the Bipartisan Congressional Trade Pri- 21 orities and Accountability Act of 2015’’. 22 (2) HEARINGS.—Section 132 of the Trade Act 23 of 1974 (19 U.S.C. 2152) is amended by striking 24 ‘‘section 2103 of the Bipartisan Trade Promotion 25 Authority Act of 2002’’ and inserting ‘‘section 3 of HEY15356 S.L.C. 103 1 the Bipartisan Congressional Trade Priorities and 2 Accountability Act of 2015’’. 3 (3) PUBLIC HEARINGS.—Section 133(a) of the 4 Trade Act of 1974 (19 U.S.C. 2153(a)) is amended 5 by striking ‘‘section 2103 of the Bipartisan Trade 6 Promotion Authority Act of 2002’’ and inserting 7 ‘‘section 3 of the Bipartisan Congressional Trade 8 Priorities and Accountability Act of 2015’’. 9 (4) PREREQUISITES FOR OFFERS.—Section 134 10 of the Trade Act of 1974 (19 U.S.C. 2154) is 11 amended by striking ‘‘section 2103 of the Bipartisan 12 Trade Promotion Authority Act of 2002’’ each place 13 it appears and inserting ‘‘section 3 of the Bipartisan 14 Congressional Trade Priorities and Accountability 15 Act of 2015’’. 16 (5) INFORMATION AND ADVICE FROM PRIVATE 17 AND PUBLIC SECTORS.—Section 18 Act of 1974 (19 U.S.C. 2155) is amended— 135 of the Trade 19 (A) in subsection (a)(1)(A), by striking 20 ‘‘section 2103 of the Bipartisan Trade Pro- 21 motion Authority Act of 2002’’ and inserting 22 ‘‘section 3 of the Bipartisan Congressional 23 Trade Priorities and Accountability Act of 24 2015’’; and 25 (B) in subsection (e)— HEY15356 S.L.C. 104 1 (i) in paragraph (1)— 2 (I) by striking ‘‘section 2103 of 3 the Bipartisan Trade Promotion Au- 4 thority Act of 2002’’ each place it ap- 5 pears and inserting ‘‘section 3 of the 6 Bipartisan Congressional Trade Prior- 7 ities and Accountability Act of 2015’’; 8 and 9 (II) by striking ‘‘not later than 10 the date on which the President noti- 11 fies 12 2105(a)(1)(A) 13 Trade Promotion Authority Act of 14 2002’’ and inserting ‘‘not later than 15 the date that is 30 days after the date 16 on which the President notifies Con- 17 gress under section 6(a)(1)(A) of the 18 Bipartisan Congressional Trade Prior- 19 ities and Accountability Act of 2015’’; 20 and 21 (ii) in paragraph (2), by striking ‘‘sec- 22 tion 2102 of the Bipartisan Trade Pro- 23 motion Authority Act of 2002’’ and insert- 24 ing ‘‘section 2 of the Bipartisan Congres- the Congress of under the section Bipartisan HEY15356 S.L.C. 105 1 sional Trade Priorities and Accountability 2 Act of 2015’’. 3 (6) PROCEDURES RELATING TO IMPLEMENTING 4 BILLS.—Section 5 U.S.C. 2191) is amended— 151 of the Trade Act of 1974 (19 6 (A) in subsection (b)(1), in the matter pre- 7 ceding subparagraph (A), by striking ‘‘section 8 2105(a)(1) of the Bipartisan Trade Promotion 9 Authority Act of 2002’’ and inserting ‘‘section 10 6(a)(1) of the Bipartisan Congressional Trade 11 Priorities and Accountability Act of 2015’’; and 12 (B) in subsection (c)(1), by striking ‘‘sec- 13 tion 2105(a)(1) of the Bipartisan Trade Pro- 14 motion Authority Act of 2002’’ and inserting 15 ‘‘section 6(a)(1) of the Bipartisan Congres- 16 sional Trade Priorities and Accountability Act 17 of 2015’’. 18 (7) TRANSMISSION OF AGREEMENTS TO CON- 19 GRESS.—Section 20 (19 U.S.C. 2212(a)) is amended by striking ‘‘section 21 2103 of the Bipartisan Trade Promotion Authority 22 Act of 2002’’ and inserting ‘‘section 3 of the Bipar- 23 tisan Congressional Trade Priorities and Account- 24 ability Act of 2015’’. 162(a) of the Trade Act of 1974 HEY15356 S.L.C. 106 1 (b) APPLICATION OF CERTAIN PROVISIONS.—For 2 purposes of applying sections 125, 126, and 127 of the 3 Trade Act of 1974 (19 U.S.C. 2135, 2136, and 2137)— 4 (1) any trade agreement entered into under sec- 5 tion 3 shall be treated as an agreement entered into 6 under section 101 or 102 of the Trade Act of 1974 7 (19 U.S.C. 2111 or 2112), as appropriate; and 8 (2) any proclamation or Executive order issued 9 pursuant to a trade agreement entered into under 10 section 3 shall be treated as a proclamation or Exec- 11 utive order issued pursuant to a trade agreement en- 12 tered into under section 102 of the Trade Act of 13 1974 (19 U.S.C. 2112). 14 SEC. 11. DEFINITIONS. 15 In this Act: 16 (1) AGREEMENT ON AGRICULTURE.—The term 17 ‘‘Agreement on Agriculture’’ means the agreement 18 referred to in section 101(d)(2) of the Uruguay 19 Round Agreements Act (19 U.S.C. 3511(d)(2)). 20 (2) AGREEMENT ON SAFEGUARDS.—The term 21 ‘‘Agreement on Safeguards’’ means the agreement 22 referred to in section 101(d)(13) of the Uruguay 23 Round Agreements Act (19 U.S.C. 3511(d)(13)). 24 (3) AGREEMENT 25 VAILING MEASURES.—The ON SUBSIDIES AND COUNTER- term ‘‘Agreement on Sub- HEY15356 S.L.C. 107 1 sidies and Countervailing Measures’’ means the 2 agreement referred to in section 101(d)(12) of the 3 Uruguay 4 3511(d)(12)). 5 Round Agreements (4) ANTIDUMPING Act (19 AGREEMENT.—The U.S.C. term 6 ‘‘Antidumping Agreement’’ means the Agreement on 7 Implementation of Article VI of the General Agree- 8 ment on Tariffs and Trade 1994 referred to in sec- 9 tion 101(d)(7) of the Uruguay Round Agreements 10 11 Act (19 U.S.C. 3511(d)(7)). (5) APPELLATE BODY.—The term ‘‘Appellate 12 Body’’ means the Appellate Body established under 13 Article 17.1 of the Dispute Settlement Under- 14 standing. 15 16 17 (6) COMMON MULTILATERAL ENVIRONMENTAL AGREEMENT.— (A) IN GENERAL.—The term ‘‘common 18 multilateral environmental agreement’’ means 19 any agreement specified in subparagraph (B) or 20 included under subparagraph (C) to which both 21 the United States and one or more other par- 22 ties to the negotiations are full parties, includ- 23 ing any current or future mutually agreed upon 24 protocols, amendments, annexes, or adjust- 25 ments to such an agreement. HEY15356 S.L.C. 108 1 (B) AGREEMENTS SPECIFIED.—The agree- 2 ments specified in this subparagraph are the 3 following: 4 (i) The Convention on International 5 Trade in Endangered Species of Wild 6 Fauna and Flora, done at Washington 7 March 3, 1973 (27 UST 1087; TIAS 8 8249). 9 (ii) The Montreal Protocol on Sub- 10 stances that Deplete the Ozone Layer, 11 done at Montreal September 16, 1987. 12 (iii) The Protocol of 1978 Relating to 13 the International Convention for the Pre- 14 vention of Pollution from Ships, 1973, 15 done at London February 17, 1978. 16 (iv) The Convention on Wetlands of 17 International Importance Especially as 18 Waterfowl Habitat, done at Ramsar Feb- 19 ruary 2, 1971 (TIAS 11084). 20 (v) The Convention on the Conserva- 21 tion of Antarctic Marine Living Resources, 22 done at Canberra May 20, 1980 (33 UST 23 3476). HEY15356 S.L.C. 109 1 (vi) The International Convention for 2 the Regulation of Whaling, done at Wash- 3 ington December 2, 1946 (62 Stat. 1716). 4 (vii) The Convention for the Estab- 5 lishment of an Inter-American Tropical 6 Tuna Commission, done at Washington 7 May 31, 1949 (1 UST 230). 8 (C) ADDITIONAL AGREEMENTS.—Both the 9 United States and one or more other parties to 10 the negotiations may agree to include any other 11 multilateral 12 agreement to which they are full parties as a 13 common multilateral environmental agreement 14 under this paragraph. 15 (7) CORE 16 environmental or conservation LABOR STANDARDS.—The term ‘‘core labor standards’’ means— 17 (A) freedom of association; 18 (B) the effective recognition of the right to 19 20 21 collective bargaining; (C) the elimination of all forms of forced or compulsory labor; 22 (D) the effective abolition of child labor 23 and a prohibition on the worst forms of child 24 labor; and HEY15356 S.L.C. 110 1 (E) the elimination of discrimination in re- 2 spect of employment and occupation. 3 (8) DISPUTE SETTLEMENT UNDERSTANDING.— 4 The term ‘‘Dispute Settlement Understanding’’ 5 means the Understanding on Rules and Procedures 6 Governing the Settlement of Disputes referred to in 7 section 101(d)(16) of the Uruguay Round Agree- 8 ments Act (19 U.S.C. 3511(d)(16)). 9 (9) ENABLING CLAUSE.—The term ‘‘Enabling 10 Clause’’ means the Decision on Differential and 11 More Favourable Treatment, Reciprocity and Fuller 12 Participation of Developing Countries (L/4903), 13 adopted November 28, 1979, under GATT 1947 (as 14 defined in section 2 of the Uruguay Round Agree- 15 ments Act (19 U.S.C. 3501)). 16 (10) ENVIRONMENTAL LAWS.—The term ‘‘envi- 17 ronmental laws’’, with respect to the laws of the 18 United States, means environmental statutes and 19 regulations enforceable by action of the Federal Gov- 20 ernment. 21 (11) GATT 1994.—The term ‘‘GATT 1994’’ 22 has the meaning given that term in section 2 of the 23 Uruguay Round Agreements Act (19 U.S.C. 3501). 24 25 (12) GENERAL SERVICES.—The AGREEMENT ON TRADE IN term ‘‘General Agreement on Trade HEY15356 S.L.C. 111 1 in Services’’ means the General Agreement on Trade 2 in Services (referred to in section 101(d)(14) of the 3 Uruguay 4 3511(d)(14))). 5 (13) Round Agreements GOVERNMENT Act (19 PROCUREMENT U.S.C. AGREE- 6 MENT.—The 7 ment’’ means the Agreement on Government Pro- 8 curement referred to in section 101(d)(17) of the 9 Uruguay 10 11 12 13 term ‘‘Government Procurement Agree- Round Agreements Act (19 U.S.C. 3511(d)(17)). (14) ILO.—The term ‘‘ILO’’ means the International Labor Organization. (15) IMPORT SENSITIVE AGRICULTURAL PROD- 14 UCT.—The 15 uct’’ means an agricultural product— term ‘‘import sensitive agricultural prod- 16 (A) with respect to which, as a result of 17 the Uruguay Round Agreements, the rate of 18 duty was the subject of tariff reductions by the 19 United States and, pursuant to such Agree- 20 ments, was reduced on January 1, 1995, to a 21 rate that was not less than 97.5 percent of the 22 rate of duty that applied to such article on De- 23 cember 31, 1994; or 24 (B) which was subject to a tariff rate 25 quota on the date of the enactment of this Act. HEY15356 S.L.C. 112 1 (16) INFORMATION TECHNOLOGY AGREE- 2 MENT.—The 3 ment’’ means the Ministerial Declaration on Trade 4 in Information Technology Products of the World 5 Trade Organization, agreed to at Singapore Decem- 6 ber 13, 1996. 7 term ‘‘Information Technology Agree- (17) INTERNATIONALLY RECOGNIZED CORE 8 LABOR STANDARDS.—The 9 ognized core labor standards’’ means the core labor 10 standards only as stated in the ILO Declaration on 11 Fundamental Principles and Rights at Work and its 12 Follow-Up (1998). 13 (18) LABOR term ‘‘internationally rec- LAWS.—The term ‘‘labor laws’’ 14 means the statutes and regulations, or provisions 15 thereof, of a party to the negotiations that are di- 16 rectly related to core labor standards as well as 17 other labor protections for children and minors and 18 acceptable conditions of work with respect to min- 19 imum wages, hours of work, and occupational safety 20 and health, and for the United States, includes Fed- 21 eral statutes and regulations addressing those stand- 22 ards, protections, or conditions, but does not include 23 State or local labor laws. 24 (19) UNITED 25 STATES PERSON.—The ‘‘United States person’’ means— term HEY15356 S.L.C. 113 1 (A) a United States citizen; 2 (B) a partnership, corporation, or other 3 legal entity that is organized under the laws of 4 the United States; and 5 (C) a partnership, corporation, or other 6 legal entity that is organized under the laws of 7 a foreign country and is controlled by entities 8 described in subparagraph (B) or United States 9 citizens, or both. 10 (20) URUGUAY ROUND AGREEMENTS.—The 11 term ‘‘Uruguay Round Agreements’’ has the mean- 12 ing given that term in section 2(7) of the Uruguay 13 Round Agreements Act (19 U.S.C. 3501(7)). 14 (21) WORLD TRADE ORGANIZATION; WTO.—The 15 terms ‘‘World Trade Organization’’ and ‘‘WTO’’ 16 mean the organization established pursuant to the 17 WTO Agreement. 18 (22) WTO AGREEMENT.—The term ‘‘WTO 19 Agreement’’ means the Agreement Establishing the 20 World Trade Organization entered into on April 15, 21 1994. 22 (23) WTO MEMBER.—The term ‘‘WTO mem- 23 ber’’ has the meaning given that term in section 24 2(10) of the Uruguay Round Agreements Act (19 25 U.S.C. 3501(10)).