[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2146 Enrolled Bill (ENR)]
H.R.2146
One Hundred Fourteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and fifteen
An Act
To amend the Internal Revenue Code of 1986 to allow Federal law
enforcement officers, firefighters, and air traffic controllers to make
penalty-free withdrawals from governmental plans after age 50, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defending Public Safety Employees'
Retirement Act''.
SEC. 2. EARLY RETIREMENT DISTRIBUTIONS TO FEDERAL LAW ENFORCEMENT
OFFICERS, FIREFIGHTERS, AND AIR TRAFFIC CONTROLLERS IN GOVERNMENTAL
PLANS.
(a) In General.--Section 72(t)(10)(B) of the Internal Revenue Code
of 1986 is amended--
(1) by striking the period at the end and inserting ``, or'';
(2) by striking ``means any employee'' and inserting the
following: ``means--
``(i) any employee''; and
(3) by adding at the end the following new clause:
``(ii) any Federal law enforcement officer described in
section 8331(20) or 8401(17) of title 5, United States
Code, any Federal customs and border protection officer
described in section 8331(31) or 8401(36) of such title,
any Federal firefighter described in section 8331(21) or
8401(14) of such title, or any air traffic controller
described in 8331(30) or 8401(35) of such title.''.
(b) Application to Defined Contribution Plans.--Section
72(t)(10)(A) of such Code is amended by striking ``which is a defined
benefit plan''.
(c) Distributions Not Treated as Modification of Substantially
Equal Payments.--Section 72(t)(4)(A)(ii) of such Code is amended by
inserting ``or a distribution to which paragraph (10) applies'' after
``other than by reason of death or disability''.
(d) Effective Date.--The amendments made by this section shall
apply to distributions after December 31, 2015.
SEC. 3. BUDGETARY EFFECTS.
The budgetary effects of this Act shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010.
TITLE I--TRADE PROMOTION AUTHORITY
SEC. 101. SHORT TITLE.
This title may be cited as the ``Bipartisan Congressional Trade
Priorities and Accountability Act of 2015''.
SEC. 102. TRADE NEGOTIATING OBJECTIVES.
(a) Overall Trade Negotiating Objectives.--The overall trade
negotiating objectives of the United States for agreements subject to
the provisions of section 103 are--
(1) to obtain more open, equitable, and reciprocal market
access;
(2) to obtain the reduction or elimination of barriers and
distortions that are directly related to trade and investment and
that decrease market opportunities for United States exports or
otherwise distort United States trade;
(3) to further strengthen the system of international trade and
investment disciplines and procedures, including dispute
settlement;
(4) to foster economic growth, raise living standards, enhance
the competitiveness of the United States, promote full employment
in the United States, and enhance the global economy;
(5) to ensure that trade and environmental policies are
mutually supportive and to seek to protect and preserve the
environment and enhance the international means of doing so, while
optimizing the use of the world's resources;
(6) to promote respect for worker rights and the rights of
children consistent with core labor standards of the ILO (as set
out in section 111(7)) and an understanding of the relationship
between trade and worker rights;
(7) to seek provisions in trade agreements under which parties
to those agreements ensure that they do not weaken or reduce the
protections afforded in domestic environmental and labor laws as an
encouragement for trade;
(8) to ensure that trade agreements afford small businesses
equal access to international markets, equitable trade benefits,
and expanded export market opportunities, and provide for the
reduction or elimination of trade and investment barriers that
disproportionately impact small businesses;
(9) to promote universal ratification and full compliance with
ILO Convention No. 182 Concerning the Prohibition and Immediate
Action for the Elimination of the Worst Forms of Child Labor;
(10) to ensure that trade agreements reflect and facilitate the
increasingly interrelated, multi-sectoral nature of trade and
investment activity;
(11) to recognize the growing significance of the Internet as a
trading platform in international commerce;
(12) to take into account other legitimate United States
domestic objectives, including, but not limited to, the protection
of legitimate health or safety, essential security, and consumer
interests and the law and regulations related thereto; and
(13) to take into account conditions relating to religious
freedom of any party to negotiations for a trade agreement with the
United States.
(b) Principal Trade Negotiating Objectives.--
(1) Trade in goods.--The principal negotiating objectives of
the United States regarding trade in goods are--
(A) to expand competitive market opportunities for exports
of goods from the United States and to obtain fairer and more
open conditions of trade, including through the utilization of
global value chains, by reducing or eliminating tariff and
nontariff barriers and policies and practices of foreign
governments directly related to trade that decrease market
opportunities for United States exports or otherwise distort
United States trade; and
(B) to obtain reciprocal tariff and nontariff barrier
elimination agreements, including with respect to those tariff
categories covered in section 111(b) of the Uruguay Round
Agreements Act (19 U.S.C. 3521(b)).
(2) Trade in services.--(A) The principal negotiating objective
of the United States regarding trade in services is to expand
competitive market opportunities for United States services and to
obtain fairer and more open conditions of trade, including through
utilization of global value chains, by reducing or eliminating
barriers to international trade in services, such as regulatory and
other barriers that deny national treatment and market access or
unreasonably restrict the establishment or operations of service
suppliers.
(B) Recognizing that expansion of trade in services generates
benefits for all sectors of the economy and facilitates trade, the
objective described in subparagraph (A) should be pursued through
all means, including through a plurilateral agreement with those
countries willing and able to undertake high standard services
commitments for both existing and new services.
(3) Trade in agriculture.--The principal negotiating objective
of the United States with respect to agriculture is to obtain
competitive opportunities for United States exports of agricultural
commodities in foreign markets substantially equivalent to the
competitive opportunities afforded foreign exports in United States
markets and to achieve fairer and more open conditions of trade in
bulk, specialty crop, and value added commodities by--
(A) securing more open and equitable market access through
robust rules on sanitary and phytosanitary measures that--
(i) encourage the adoption of international standards
and require a science-based justification be provided for a
sanitary or phytosanitary measure if the measure is more
restrictive than the applicable international standard;
(ii) improve regulatory coherence, promote the use of
systems-based approaches, and appropriately recognize the
equivalence of health and safety protection systems of
exporting countries;
(iii) require that measures are transparently developed
and implemented, are based on risk assessments that take
into account relevant international guidelines and
scientific data, and are not more restrictive on trade than
necessary to meet the intended purpose; and
(iv) improve import check processes, including testing
methodologies and procedures, and certification
requirements,
while recognizing that countries may put in place measures to
protect human, animal, or plant life or health in a manner
consistent with their international obligations, including the
WTO Agreement on the Application of Sanitary and Phytosanitary
Measures (referred to in section 101(d)(3) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(3)));
(B) reducing or eliminating, by a date certain, tariffs or
other charges that decrease market opportunities for United
States exports--
(i) giving priority to those products that are subject
to significantly higher tariffs or subsidy regimes of major
producing countries; and
(ii) providing reasonable adjustment periods for United
States import sensitive products, in close consultation
with Congress on such products before initiating tariff
reduction negotiations;
(C) reducing tariffs to levels that are the same as or
lower than those in the United States;
(D) reducing or eliminating subsidies that decrease market
opportunities for United States exports or unfairly distort
agriculture markets to the detriment of the United States;
(E) allowing the preservation of programs that support
family farms and rural communities but do not distort trade;
(F) developing disciplines for domestic support programs,
so that production that is in excess of domestic food security
needs is sold at world prices;
(G) eliminating government policies that create price
depressing surpluses;
(H) eliminating state trading enterprises whenever
possible;
(I) developing, strengthening, and clarifying rules to
eliminate practices that unfairly decrease United States market
access opportunities or distort agricultural markets to the
detriment of the United States, and ensuring that such rules
are subject to efficient, timely, and effective dispute
settlement, including--
(i) unfair or trade distorting activities of state
trading enterprises and other administrative mechanisms,
with emphasis on requiring price transparency in the
operation of state trading enterprises and such other
mechanisms in order to end cross subsidization, price
discrimination, and price undercutting;
(ii) unjustified trade restrictions or commercial
requirements, such as labeling, that affect new
technologies, including biotechnology;
(iii) unjustified sanitary or phytosanitary
restrictions, including restrictions not based on
scientific principles in contravention of obligations in
the Uruguay Round Agreements or bilateral or regional trade
agreements;
(iv) other unjustified technical barriers to trade; and
(v) restrictive rules in the administration of tariff
rate quotas;
(J) eliminating practices that adversely affect trade in
perishable or cyclical products, while improving import relief
mechanisms to recognize the unique characteristics of
perishable and cyclical agriculture;
(K) ensuring that import relief mechanisms for perishable
and cyclical agriculture are as accessible and timely to
growers in the United States as those mechanisms that are used
by other countries;
(L) taking into account whether a party to the negotiations
has failed to adhere to the provisions of already existing
trade agreements with the United States or has circumvented
obligations under those agreements;
(M) taking into account whether a product is subject to
market distortions by reason of a failure of a major producing
country to adhere to the provisions of already existing trade
agreements with the United States or by the circumvention by
that country of its obligations under those agreements;
(N) otherwise ensuring that countries that accede to the
World Trade Organization have made meaningful market
liberalization commitments in agriculture;
(O) taking into account the impact that agreements covering
agriculture to which the United States is a party have on the
United States agricultural industry;
(P) maintaining bona fide food assistance programs, market
development programs, and export credit programs;
(Q) seeking to secure the broadest market access possible
in multilateral, regional, and bilateral negotiations,
recognizing the effect that simultaneous sets of negotiations
may have on United States import sensitive commodities
(including those subject to tariff rate quotas);
(R) seeking to develop an international consensus on the
treatment of seasonal or perishable agricultural products in
investigations relating to dumping and safeguards and in any
other relevant area;
(S) seeking to establish the common base year for
calculating the Aggregated Measurement of Support (as defined
in the Agreement on Agriculture) as the end of each country's
Uruguay Round implementation period, as reported in each
country's Uruguay Round market access schedule;
(T) ensuring transparency in the administration of tariff
rate quotas through multilateral, plurilateral, and bilateral
negotiations; and
(U) eliminating and preventing the undermining of market
access for United States products through improper use of a
country's system for protecting or recognizing geographical
indications, including failing to ensure transparency and
procedural fairness and protecting generic terms.
(4) Foreign investment.--Recognizing that United States law on
the whole provides a high level of protection for investment,
consistent with or greater than the level required by international
law, the principal negotiating objectives of the United States
regarding foreign investment are to reduce or eliminate artificial
or trade distorting barriers to foreign investment, while ensuring
that foreign investors in the United States are not accorded
greater substantive rights with respect to investment protections
than United States investors in the United States, and to secure
for investors important rights comparable to those that would be
available under United States legal principles and practice, by--
(A) reducing or eliminating exceptions to the principle of
national treatment;
(B) freeing the transfer of funds relating to investments;
(C) reducing or eliminating performance requirements,
forced technology transfers, and other unreasonable barriers to
the establishment and operation of investments;
(D) seeking to establish standards for expropriation and
compensation for expropriation, consistent with United States
legal principles and practice;
(E) seeking to establish standards for fair and equitable
treatment, consistent with United States legal principles and
practice, including the principle of due process;
(F) providing meaningful procedures for resolving
investment disputes;
(G) seeking to improve mechanisms used to resolve disputes
between an investor and a government through--
(i) mechanisms to eliminate frivolous claims and to
deter the filing of frivolous claims;
(ii) procedures to ensure the efficient selection of
arbitrators and the expeditious disposition of claims;
(iii) procedures to enhance opportunities for public
input into the formulation of government positions; and
(iv) providing for an appellate body or similar
mechanism to provide coherence to the interpretations of
investment provisions in trade agreements; and
(H) ensuring the fullest measure of transparency in the
dispute settlement mechanism, to the extent consistent with the
need to protect information that is classified or business
confidential, by--
(i) ensuring that all requests for dispute settlement
are promptly made public;
(ii) ensuring that--
(I) all proceedings, submissions, findings, and
decisions are promptly made public; and
(II) all hearings are open to the public; and
(iii) establishing a mechanism for acceptance of amicus
curiae submissions from businesses, unions, and
nongovernmental organizations.
(5) Intellectual property.--The principal negotiating
objectives of the United States regarding trade-related
intellectual property are--
(A) to further promote adequate and effective protection of
intellectual property rights, including through--
(i)(I) ensuring accelerated and full implementation of
the Agreement on Trade-Related Aspects of Intellectual
Property Rights referred to in section 101(d)(15) of the
Uruguay Round Agreements Act (19 U.S.C. 3511(d)(15)),
particularly with respect to meeting enforcement
obligations under that agreement; and
(II) ensuring that the provisions of any trade
agreement governing intellectual property rights that is
entered into by the United States reflect a standard of
protection similar to that found in United States law;
(ii) providing strong protection for new and emerging
technologies and new methods of transmitting and
distributing products embodying intellectual property,
including in a manner that facilitates legitimate digital
trade;
(iii) preventing or eliminating discrimination with
respect to matters affecting the availability, acquisition,
scope, maintenance, use, and enforcement of intellectual
property rights;
(iv) ensuring that standards of protection and
enforcement keep pace with technological developments, and
in particular ensuring that rightholders have the legal and
technological means to control the use of their works
through the Internet and other global communication media,
and to prevent the unauthorized use of their works;
(v) providing strong enforcement of intellectual
property rights, including through accessible, expeditious,
and effective civil, administrative, and criminal
enforcement mechanisms; and
(vi) preventing or eliminating government involvement
in the violation of intellectual property rights, including
cyber theft and piracy;
(B) to secure fair, equitable, and nondiscriminatory market
access opportunities for United States persons that rely upon
intellectual property protection; and
(C) to respect the Declaration on the TRIPS Agreement and
Public Health, adopted by the World Trade Organization at the
Fourth Ministerial Conference at Doha, Qatar on November 14,
2001, and to ensure that trade agreements foster innovation and
promote access to medicines.
(6) Digital trade in goods and services and cross-border data
flows.--The principal negotiating objectives of the United States
with respect to digital trade in goods and services, as well as
cross-border data flows, are--
(A) to ensure that current obligations, rules, disciplines,
and commitments under the World Trade Organization and
bilateral and regional trade agreements apply to digital trade
in goods and services and to cross-border data flows;
(B) to ensure that--
(i) electronically delivered goods and services receive
no less favorable treatment under trade rules and
commitments than like products delivered in physical form;
and
(ii) the classification of such goods and services
ensures the most liberal trade treatment possible, fully
encompassing both existing and new trade;
(C) to ensure that governments refrain from implementing
trade-related measures that impede digital trade in goods and
services, restrict cross-border data flows, or require local
storage or processing of data;
(D) with respect to subparagraphs (A) through (C), where
legitimate policy objectives require domestic regulations that
affect digital trade in goods and services or cross-border data
flows, to obtain commitments that any such regulations are the
least restrictive on trade, nondiscriminatory, and transparent,
and promote an open market environment; and
(E) to extend the moratorium of the World Trade
Organization on duties on electronic transmissions.
(7) Regulatory practices.--The principal negotiating objectives
of the United States regarding the use of government regulation or
other practices to reduce market access for United States goods,
services, and investments are--
(A) to achieve increased transparency and opportunity for
the participation of affected parties in the development of
regulations;
(B) to require that proposed regulations be based on sound
science, cost benefit analysis, risk assessment, or other
objective evidence;
(C) to establish consultative mechanisms and seek other
commitments, as appropriate, to improve regulatory practices
and promote increased regulatory coherence, including through--
(i) transparency in developing guidelines, rules,
regulations, and laws for government procurement and other
regulatory regimes;
(ii) the elimination of redundancies in testing and
certification;
(iii) early consultations on significant regulations;
(iv) the use of impact assessments;
(v) the periodic review of existing regulatory
measures; and
(vi) the application of good regulatory practices;
(D) to seek greater openness, transparency, and convergence
of standards development processes, and enhance cooperation on
standards issues globally;
(E) to promote regulatory compatibility through
harmonization, equivalence, or mutual recognition of different
regulations and standards and to encourage the use of
international and interoperable standards, as appropriate;
(F) to achieve the elimination of government measures such
as price controls and reference pricing which deny full market
access for United States products;
(G) to ensure that government regulatory reimbursement
regimes are transparent, provide procedural fairness, are
nondiscriminatory, and provide full market access for United
States products; and
(H) to ensure that foreign governments--
(i) demonstrate that the collection of undisclosed
proprietary information is limited to that necessary to
satisfy a legitimate and justifiable regulatory interest;
and
(ii) protect such information against disclosure,
except in exceptional circumstances to protect the public,
or where such information is effectively protected against
unfair competition.
(8) State-owned and state-controlled enterprises.--The
principal negotiating objective of the United States regarding
competition by state-owned and state-controlled enterprises is to
seek commitments that--
(A) eliminate or prevent trade distortions and unfair
competition favoring state-owned and state-controlled
enterprises to the extent of their engagement in commercial
activity, and
(B) ensure that such engagement is based solely on
commercial considerations,
in particular through disciplines that eliminate or prevent
discrimination and market-distorting subsidies and that promote
transparency.
(9) Localization barriers to trade.--The principal negotiating
objective of the United States with respect to localization
barriers is to eliminate and prevent measures that require United
States producers and service providers to locate facilities,
intellectual property, or other assets in a country as a market
access or investment condition, including indigenous innovation
measures.
(10) Labor and the environment.--The principal negotiating
objectives of the United States with respect to labor and the
environment are--
(A) to ensure that a party to a trade agreement with the
United States--
(i) adopts and maintains measures implementing
internationally recognized core labor standards (as defined
in section 111(17)) and its obligations under common
multilateral environmental agreements (as defined in
section 111(6)),
(ii) does not waive or otherwise derogate from, or
offer to waive or otherwise derogate from--
(I) its statutes or regulations implementing
internationally recognized core labor standards (as
defined in section 111(17)), in a manner affecting
trade or investment between the United States and that
party, where the waiver or derogation would be
inconsistent with one or more such standards, or
(II) its environmental laws in a manner that
weakens or reduces the protections afforded in those
laws and in a manner affecting trade or investment
between the United States and that party, except as
provided in its law and provided not inconsistent with
its obligations under common multilateral environmental
agreements (as defined in section 111(6)) or other
provisions of the trade agreement specifically agreed
upon, and
(iii) does not fail to effectively enforce its
environmental or labor laws, through a sustained or
recurring course of action or inaction,
in a manner affecting trade or investment between the United
States and that party after entry into force of a trade
agreement between those countries;
(B) to recognize that--
(i) with respect to environment, parties to a trade
agreement retain the right to exercise prosecutorial
discretion and to make decisions regarding the allocation
of enforcement resources with respect to other
environmental laws determined to have higher priorities,
and a party is effectively enforcing its laws if a course
of action or inaction reflects a reasonable, bona fide
exercise of such discretion, or results from a reasonable,
bona fide decision regarding the allocation of resources;
and
(ii) with respect to labor, decisions regarding the
distribution of enforcement resources are not a reason for
not complying with a party's labor obligations; a party to
a trade agreement retains the right to reasonable exercise
of discretion and to make bona fide decisions regarding the
allocation of resources between labor enforcement
activities among core labor standards, provided the
exercise of such discretion and such decisions are not
inconsistent with its obligations;
(C) to strengthen the capacity of United States trading
partners to promote respect for core labor standards (as
defined in section 111(7));
(D) to strengthen the capacity of United States trading
partners to protect the environment through the promotion of
sustainable development;
(E) to reduce or eliminate government practices or policies
that unduly threaten sustainable development;
(F) to seek market access, through the elimination of
tariffs and nontariff barriers, for United States environmental
technologies, goods, and services;
(G) to ensure that labor, environmental, health, or safety
policies and practices of the parties to trade agreements with
the United States do not arbitrarily or unjustifiably
discriminate against United States exports or serve as
disguised barriers to trade;
(H) to ensure that enforceable labor and environment
obligations are subject to the same dispute settlement and
remedies as other enforceable obligations under the agreement;
and
(I) to ensure that a trade agreement is not construed to
empower a party's authorities to undertake labor or
environmental law enforcement activities in the territory of
the United States.
(11) Currency.--The principal negotiating objective of the
United States with respect to currency practices is that parties to
a trade agreement with the United States avoid manipulating
exchange rates in order to prevent effective balance of payments
adjustment or to gain an unfair competitive advantage over other
parties to the agreement, such as through cooperative mechanisms,
enforceable rules, reporting, monitoring, transparency, or other
means, as appropriate.
(12) Foreign currency manipulation.--The principal negotiating
objective of the United States with respect to unfair currency
practices is to seek to establish accountability through
enforceable rules, transparency, reporting, monitoring, cooperative
mechanisms, or other means to address exchange rate manipulation
involving protracted large scale intervention in one direction in
the exchange markets and a persistently undervalued foreign
exchange rate to gain an unfair competitive advantage in trade over
other parties to a trade agreement, consistent with existing
obligations of the United States as a member of the International
Monetary Fund and the World Trade Organization.
(13) WTO and multilateral trade agreements.--Recognizing that
the World Trade Organization is the foundation of the global
trading system, the principal negotiating objectives of the United
States regarding the World Trade Organization, the Uruguay Round
Agreements, and other multilateral and plurilateral trade
agreements are--
(A) to achieve full implementation and extend the coverage
of the World Trade Organization and multilateral and
plurilateral agreements to products, sectors, and conditions of
trade not adequately covered;
(B) to expand country participation in and enhancement of
the Information Technology Agreement, the Government
Procurement Agreement, and other plurilateral trade agreements
of the World Trade Organization;
(C) to expand competitive market opportunities for United
States exports and to obtain fairer and more open conditions of
trade, including through utilization of global value chains,
through the negotiation of new WTO multilateral and
plurilateral trade agreements, such as an agreement on trade
facilitation;
(D) to ensure that regional trade agreements to which the
United States is not a party fully achieve the high standards
of, and comply with, WTO disciplines, including Article XXIV of
GATT 1994, Article V and V bis of the General Agreement on
Trade in Services, and the Enabling Clause, including through
meaningful WTO review of such regional trade agreements;
(E) to enhance compliance by WTO members with their
obligations as WTO members through active participation in the
bodies of the World Trade Organization by the United States and
all other WTO members, including in the trade policy review
mechanism and the committee system of the World Trade
Organization, and by working to increase the effectiveness of
such bodies; and
(F) to encourage greater cooperation between the World
Trade Organization and other international organizations.
(14) Trade institution transparency.--The principal negotiating
objective of the United States with respect to transparency is to
obtain wider and broader application of the principle of
transparency in the World Trade Organization, entities established
under bilateral and regional trade agreements, and other
international trade fora through seeking--
(A) timely public access to information regarding trade
issues and the activities of such institutions;
(B) openness by ensuring public access to appropriate
meetings, proceedings, and submissions, including with regard
to trade and investment dispute settlement; and
(C) public access to all notifications and supporting
documentation submitted by WTO members.
(15) Anti-corruption.--The principal negotiating objectives of
the United States with respect to the use of money or other things
of value to influence acts, decisions, or omissions of foreign
governments or officials or to secure any improper advantage in a
manner affecting trade are--
(A) to obtain high standards and effective domestic
enforcement mechanisms applicable to persons from all countries
participating in the applicable trade agreement that prohibit
such attempts to influence acts, decisions, or omissions of
foreign governments or officials or to secure any such improper
advantage;
(B) to ensure that such standards level the playing field
for United States persons in international trade and
investment; and
(C) to seek commitments to work jointly to encourage and
support anti-corruption and anti-bribery initiatives in
international trade fora, including through the Convention on
Combating Bribery of Foreign Public Officials in International
Business Transactions of the Organization for Economic
Cooperation and Development, done at Paris December 17, 1997
(commonly known as the ``OECD Anti-Bribery Convention'').
(16) Dispute settlement and enforcement.--The principal
negotiating objectives of the United States with respect to dispute
settlement and enforcement of trade agreements are--
(A) to seek provisions in trade agreements providing for
resolution of disputes between governments under those trade
agreements in an effective, timely, transparent, equitable, and
reasoned manner, requiring determinations based on facts and
the principles of the agreements, with the goal of increasing
compliance with the agreements;
(B) to seek to strengthen the capacity of the Trade Policy
Review Mechanism of the World Trade Organization to review
compliance with commitments;
(C) to seek adherence by panels convened under the Dispute
Settlement Understanding and by the Appellate Body to--
(i) the mandate of those panels and the Appellate Body
to apply the WTO Agreement as written, without adding to or
diminishing rights and obligations under the Agreement; and
(ii) the standard of review applicable under the
Uruguay Round Agreement involved in the dispute, including
greater deference, where appropriate, to the fact finding
and technical expertise of national investigating
authorities;
(D) to seek provisions encouraging the early identification
and settlement of disputes through consultation;
(E) to seek provisions to encourage the provision of trade-
expanding compensation if a party to a dispute under the
agreement does not come into compliance with its obligations
under the agreement;
(F) to seek provisions to impose a penalty upon a party to
a dispute under the agreement that--
(i) encourages compliance with the obligations of the
agreement;
(ii) is appropriate to the parties, nature, subject
matter, and scope of the violation; and
(iii) has the aim of not adversely affecting parties or
interests not party to the dispute while maintaining the
effectiveness of the enforcement mechanism; and
(G) to seek provisions that treat United States principal
negotiating objectives equally with respect to--
(i) the ability to resort to dispute settlement under
the applicable agreement;
(ii) the availability of equivalent dispute settlement
procedures; and
(iii) the availability of equivalent remedies.
(17) Trade remedy laws.--The principal negotiating objectives
of the United States with respect to trade remedy laws are--
(A) to preserve the ability of the United States to enforce
rigorously its trade laws, including the antidumping,
countervailing duty, and safeguard laws, and avoid agreements
that lessen the effectiveness of domestic and international
disciplines on unfair trade, especially dumping and subsidies,
or that lessen the effectiveness of domestic and international
safeguard provisions, in order to ensure that United States
workers, agricultural producers, and firms can compete fully on
fair terms and enjoy the benefits of reciprocal trade
concessions; and
(B) to address and remedy market distortions that lead to
dumping and subsidization, including overcapacity,
cartelization, and market access barriers.
(18) Border taxes.--The principal negotiating objective of the
United States regarding border taxes is to obtain a revision of the
rules of the World Trade Organization with respect to the treatment
of border adjustments for internal taxes to redress the
disadvantage to countries relying primarily on direct taxes for
revenue rather than indirect taxes.
(19) Textile negotiations.--The principal negotiating
objectives of the United States with respect to trade in textiles
and apparel articles are to obtain competitive opportunities for
United States exports of textiles and apparel in foreign markets
substantially equivalent to the competitive opportunities afforded
foreign exports in United States markets and to achieve fairer and
more open conditions of trade in textiles and apparel.
(20) Commercial partnerships.--
(A) In general.--With respect to an agreement that is
proposed to be entered into with the Transatlantic Trade and
Investment Partnership countries and to which section 103(b)
will apply, the principal negotiating objectives of the United
States regarding commercial partnerships are the following:
(i) To discourage actions by potential trading partners
that directly or indirectly prejudice or otherwise
discourage commercial activity solely between the United
States and Israel.
(ii) To discourage politically motivated actions to
boycott, divest from, or sanction Israel and to seek the
elimination of politically motivated nontariff barriers on
Israeli goods, services, or other commerce imposed on the
State of Israel.
(iii) To seek the elimination of state-sponsored
unsanctioned foreign boycotts against Israel or compliance
with the Arab League Boycott of Israel by prospective
trading partners.
(B) Definition.--In this paragraph, the term ``actions to
boycott, divest from, or sanction Israel'' means actions by
states, non-member states of the United Nations, international
organizations, or affiliated agencies of international
organizations that are politically motivated and are intended
to penalize or otherwise limit commercial relations
specifically with Israel or persons doing business in Israel or
in Israeli-controlled territories.
(21) Good governance, transparency, the effective operation of
legal regimes, and the rule of law of trading partners.--The
principal negotiating objectives of the United States with respect
to ensuring implementation of trade commitments and obligations by
strengthening good governance, transparency, the effective
operation of legal regimes and the rule of law of trading partners
of the United States is through capacity building and other
appropriate means, which are important parts of the broader effort
to create more open democratic societies and to promote respect for
internationally recognized human rights.
(c) Capacity Building and Other Priorities.--In order to address
and maintain United States competitiveness in the global economy, the
President shall--
(1) direct the heads of relevant Federal agencies--
(A) to work to strengthen the capacity of United States
trading partners to carry out obligations under trade
agreements by consulting with any country seeking a trade
agreement with the United States concerning that country's laws
relating to customs and trade facilitation, sanitary and
phytosanitary measures, technical barriers to trade,
intellectual property rights, labor, and the environment; and
(B) to provide technical assistance to that country if
needed;
(2) seek to establish consultative mechanisms among parties to
trade agreements to strengthen the capacity of United States
trading partners to develop and implement standards for the
protection of the environment and human health based on sound
science;
(3) promote consideration of multilateral environmental
agreements and consult with parties to such agreements regarding
the consistency of any such agreement that includes trade measures
with existing environmental exceptions under Article XX of GATT
1994; and
(4) submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate an
annual report on capacity-building activities undertaken in
connection with trade agreements negotiated or being negotiated
pursuant to this title.
SEC. 103. TRADE AGREEMENTS AUTHORITY.
(a) Agreements Regarding Tariff Barriers.--
(1) In general.--Whenever the President determines that one or
more existing duties or other import restrictions of any foreign
country or the United States are unduly burdening and restricting
the foreign trade of the United States and that the purposes,
policies, priorities, and objectives of this title will be promoted
thereby, the President--
(A) may enter into trade agreements with foreign countries
before--
(i) July 1, 2018; or
(ii) July 1, 2021, if trade authorities procedures are
extended under subsection (c); and
(B) may, subject to paragraphs (2) and (3), proclaim--
(i) such modification or continuance of any existing
duty,
(ii) such continuance of existing duty free or excise
treatment, or
(iii) such additional duties,
as the President determines to be required or appropriate to
carry out any such trade agreement.
Substantial modifications to, or substantial additional provisions
of, a trade agreement entered into after July 1, 2018, or July 1,
2021, if trade authorities procedures are extended under subsection
(c), shall not be eligible for approval under this title.
(2) Notification.--The President shall notify Congress of the
President's intention to enter into an agreement under this
subsection.
(3) Limitations.--No proclamation may be made under paragraph
(1) that--
(A) reduces any rate of duty (other than a rate of duty
that does not exceed 5 percent ad valorem on the date of the
enactment of this Act) to a rate of duty which is less than 50
percent of the rate of such duty that applies on such date of
enactment;
(B) reduces the rate of duty below that applicable under
the Uruguay Round Agreements or a successor agreement, on any
import sensitive agricultural product; or
(C) increases any rate of duty above the rate that applied
on the date of the enactment of this Act.
(4) Aggregate reduction; exemption from staging.--
(A) Aggregate reduction.--Except as provided in
subparagraph (B), the aggregate reduction in the rate of duty
on any article which is in effect on any day pursuant to a
trade agreement entered into under paragraph (1) shall not
exceed the aggregate reduction which would have been in effect
on such day if--
(i) a reduction of 3 percent ad valorem or a reduction
of \1/10\ of the total reduction, whichever is greater, had
taken effect on the effective date of the first reduction
proclaimed under paragraph (1) to carry out such agreement
with respect to such article; and
(ii) a reduction equal to the amount applicable under
clause (i) had taken effect at 1-year intervals after the
effective date of such first reduction.
(B) Exemption from staging.--No staging is required under
subparagraph (A) with respect to a duty reduction that is
proclaimed under paragraph (1) for an article of a kind that is
not produced in the United States. The United States
International Trade Commission shall advise the President of
the identity of articles that may be exempted from staging
under this subparagraph.
(5) Rounding.--If the President determines that such action
will simplify the computation of reductions under paragraph (4),
the President may round an annual reduction by an amount equal to
the lesser of--
(A) the difference between the reduction without regard to
this paragraph and the next lower whole number; or
(B) \1/2\ of 1 percent ad valorem.
(6) Other limitations.--A rate of duty reduction that may not
be proclaimed by reason of paragraph (3) may take effect only if a
provision authorizing such reduction is included within an
implementing bill provided for under section 106 and that bill is
enacted into law.
(7) Other tariff modifications.--Notwithstanding paragraphs
(1)(B), (3)(A), (3)(C), and (4) through (6), and subject to the
consultation and layover requirements of section 115 of the Uruguay
Round Agreements Act (19 U.S.C. 3524), the President may proclaim
the modification of any duty or staged rate reduction of any duty
set forth in Schedule XX, as defined in section 2(5) of that Act
(19 U.S.C. 3501(5)), if the United States agrees to such
modification or staged rate reduction in a negotiation for the
reciprocal elimination or harmonization of duties under the
auspices of the World Trade Organization.
(8) Authority under uruguay round agreements act not
affected.--Nothing in this subsection shall limit the authority
provided to the President under section 111(b) of the Uruguay Round
Agreements Act (19 U.S.C. 3521(b)).
(b) Agreements Regarding Tariff and Nontariff Barriers.--
(1) In general.--(A) Whenever the President determines that--
(i) 1 or more existing duties or any other import
restriction of any foreign country or the United States or any
other barrier to, or other distortion of, international trade
unduly burdens or restricts the foreign trade of the United
States or adversely affects the United States economy, or
(ii) the imposition of any such barrier or distortion is
likely to result in such a burden, restriction, or effect,
and that the purposes, policies, priorities, and objectives of this
title will be promoted thereby, the President may enter into a
trade agreement described in subparagraph (B) during the period
described in subparagraph (C).
(B) The President may enter into a trade agreement under
subparagraph (A) with foreign countries providing for--
(i) the reduction or elimination of a duty, restriction,
barrier, or other distortion described in subparagraph (A); or
(ii) the prohibition of, or limitation on the imposition
of, such barrier or other distortion.
(C) The President may enter into a trade agreement under this
paragraph before--
(i) July 1, 2018; or
(ii) July 1, 2021, if trade authorities procedures are
extended under subsection (c).
Substantial modifications to, or substantial additional provisions
of, a trade agreement entered into after July 1, 2018, or July 1,
2021, if trade authorities procedures are extended under subsection
(c), shall not be eligible for approval under this title.
(2) Conditions.--A trade agreement may be entered into under
this subsection only if such agreement makes progress in meeting
the applicable objectives described in subsections (a) and (b) of
section 102 and the President satisfies the conditions set forth in
sections 104 and 105.
(3) Bills qualifying for trade authorities procedures.--(A) The
provisions of section 151 of the Trade Act of 1974 (in this title
referred to as ``trade authorities procedures'') apply to a bill of
either House of Congress which contains provisions described in
subparagraph (B) to the same extent as such section 151 applies to
implementing bills under that section. A bill to which this
paragraph applies shall hereafter in this title be referred to as
an ``implementing bill''.
(B) The provisions referred to in subparagraph (A) are--
(i) a provision approving a trade agreement entered into
under this subsection and approving the statement of
administrative action, if any, proposed to implement such trade
agreement; and
(ii) if changes in existing laws or new statutory authority
are required to implement such trade agreement or agreements,
only such provisions as are strictly necessary or appropriate
to implement such trade agreement or agreements, either
repealing or amending existing laws or providing new statutory
authority.
(c) Extension Disapproval Process for Congressional Trade
Authorities Procedures.--
(1) In general.--Except as provided in section 106(b)--
(A) the trade authorities procedures apply to implementing
bills submitted with respect to trade agreements entered into
under subsection (b) before July 1, 2018; and
(B) the trade authorities procedures shall be extended to
implementing bills submitted with respect to trade agreements
entered into under subsection (b) after June 30, 2018, and
before July 1, 2021, if (and only if)--
(i) the President requests such extension under
paragraph (2); and
(ii) neither House of Congress adopts an extension
disapproval resolution under paragraph (5) before July 1,
2018.
(2) Report to congress by the president.--If the President is
of the opinion that the trade authorities procedures should be
extended to implementing bills described in paragraph (1)(B), the
President shall submit to Congress, not later than April 1, 2018, a
written report that contains a request for such extension, together
with--
(A) a description of all trade agreements that have been
negotiated under subsection (b) and the anticipated schedule
for submitting such agreements to Congress for approval;
(B) a description of the progress that has been made in
negotiations to achieve the purposes, policies, priorities, and
objectives of this title, and a statement that such progress
justifies the continuation of negotiations; and
(C) a statement of the reasons why the extension is needed
to complete the negotiations.
(3) Other reports to congress.--
(A) Report by the advisory committee.--The President shall
promptly inform the Advisory Committee for Trade Policy and
Negotiations established under section 135 of the Trade Act of
1974 (19 U.S.C. 2155) of the decision of the President to
submit a report to Congress under paragraph (2). The Advisory
Committee shall submit to Congress as soon as practicable, but
not later than June 1, 2018, a written report that contains--
(i) its views regarding the progress that has been made
in negotiations to achieve the purposes, policies,
priorities, and objectives of this title; and
(ii) a statement of its views, and the reasons
therefor, regarding whether the extension requested under
paragraph (2) should be approved or disapproved.
(B) Report by international trade commission.--The
President shall promptly inform the United States International
Trade Commission of the decision of the President to submit a
report to Congress under paragraph (2). The International Trade
Commission shall submit to Congress as soon as practicable, but
not later than June 1, 2018, a written report that contains a
review and analysis of the economic impact on the United States
of all trade agreements implemented between the date of the
enactment of this Act and the date on which the President
decides to seek an extension requested under paragraph (2).
(4) Status of reports.--The reports submitted to Congress under
paragraphs (2) and (3), or any portion of such reports, may be
classified to the extent the President determines appropriate.
(5) Extension disapproval resolutions.--(A) For purposes of
paragraph (1), the term ``extension disapproval resolution'' means
a resolution of either House of Congress, the sole matter after the
resolving clause of which is as follows: ``That the ____
disapproves the request of the President for the extension, under
section 103(c)(1)(B)(i) of the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015, of the trade authorities
procedures under that Act to any implementing bill submitted with
respect to any trade agreement entered into under section 103(b) of
that Act after June 30, 2018.'', with the blank space being filled
with the name of the resolving House of Congress.
(B) Extension disapproval resolutions--
(i) may be introduced in either House of Congress by any
member of such House; and
(ii) shall be referred, in the House of Representatives, to
the Committee on Ways and Means and, in addition, to the
Committee on Rules.
(C) The provisions of subsections (d) and (e) of section 152 of
the Trade Act of 1974 (19 U.S.C. 2192) (relating to the floor
consideration of certain resolutions in the House and Senate) apply
to extension disapproval resolutions.
(D) It is not in order for--
(i) the House of Representatives to consider any extension
disapproval resolution not reported by the Committee on Ways
and Means and, in addition, by the Committee on Rules;
(ii) the Senate to consider any extension disapproval
resolution not reported by the Committee on Finance; or
(iii) either House of Congress to consider an extension
disapproval resolution after June 30, 2018.
(d) Commencement of Negotiations.--In order to contribute to the
continued economic expansion of the United States, the President shall
commence negotiations covering tariff and nontariff barriers affecting
any industry, product, or service sector, and expand existing sectoral
agreements to countries that are not parties to those agreements, in
cases where the President determines that such negotiations are
feasible and timely and would benefit the United States. Such sectors
include agriculture, commercial services, intellectual property rights,
industrial and capital goods, government procurement, information
technology products, environmental technology and services, medical
equipment and services, civil aircraft, and infrastructure products. In
so doing, the President shall take into account all of the negotiating
objectives set forth in section 102.
SEC. 104. CONGRESSIONAL OVERSIGHT, CONSULTATIONS, AND ACCESS TO
INFORMATION.
(a) Consultations With Members of Congress.--
(1) Consultations during negotiations.--In the course of
negotiations conducted under this title, the United States Trade
Representative shall--
(A) meet upon request with any Member of Congress regarding
negotiating objectives, the status of negotiations in progress,
and the nature of any changes in the laws of the United States
or the administration of those laws that may be recommended to
Congress to carry out any trade agreement or any requirement
of, amendment to, or recommendation under, that agreement;
(B) upon request of any Member of Congress, provide access
to pertinent documents relating to the negotiations, including
classified materials;
(C) consult closely and on a timely basis with, and keep
fully apprised of the negotiations, the Committee on Ways and
Means of the House of Representatives and the Committee on
Finance of the Senate;
(D) consult closely and on a timely basis with, and keep
fully apprised of the negotiations, the House Advisory Group on
Negotiations and the Senate Advisory Group on Negotiations
convened under subsection (c) and all committees of the House
of Representatives and the Senate with jurisdiction over laws
that could be affected by a trade agreement resulting from the
negotiations; and
(E) with regard to any negotiations and agreement relating
to agricultural trade, also consult closely and on a timely
basis (including immediately before initialing an agreement)
with, and keep fully apprised of the negotiations, the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate.
(2) Consultations prior to entry into force.--Prior to
exchanging notes providing for the entry into force of a trade
agreement, the United States Trade Representative shall consult
closely and on a timely basis with Members of Congress and
committees as specified in paragraph (1), and keep them fully
apprised of the measures a trading partner has taken to comply with
those provisions of the agreement that are to take effect on the
date that the agreement enters into force.
(3) Enhanced coordination with congress.--
(A) Written guidelines.--The United States Trade
Representative, in consultation with the chairmen and the
ranking members of the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate,
respectively--
(i) shall, not later than 120 days after the date of
the enactment of this Act, develop written guidelines on
enhanced coordination with Congress, including coordination
with designated congressional advisers under subsection
(b), regarding negotiations conducted under this title; and
(ii) may make such revisions to the guidelines as may
be necessary from time to time.
(B) Content of guidelines.--The guidelines developed under
subparagraph (A) shall enhance coordination with Congress
through procedures to ensure--
(i) timely briefings upon request of any Member of
Congress regarding negotiating objectives, the status of
negotiations in progress conducted under this title, and
the nature of any changes in the laws of the United States
or the administration of those laws that may be recommended
to Congress to carry out any trade agreement or any
requirement of, amendment to, or recommendation under, that
agreement; and
(ii) the sharing of detailed and timely information
with Members of Congress, and their staff with proper
security clearances as appropriate, regarding those
negotiations and pertinent documents related to those
negotiations (including classified information), and with
committee staff with proper security clearances as would be
appropriate in the light of the responsibilities of that
committee over the trade agreements programs affected by
those negotiations.
(C) Dissemination.--The United States Trade Representative
shall disseminate the guidelines developed under subparagraph
(A) to all Federal agencies that could have jurisdiction over
laws affected by trade negotiations.
(b) Designated Congressional Advisers.--
(1) Designation.--
(A) House of representatives.--In each Congress, any Member
of the House of Representatives may be designated as a
congressional adviser on trade policy and negotiations by the
Speaker of the House of Representatives, after consulting with
the chairman and ranking member of the Committee on Ways and
Means and the chairman and ranking member of the committee from
which the Member will be selected.
(B) Senate.--In each Congress, any Member of the Senate may
be designated as a congressional adviser on trade policy and
negotiations by the President pro tempore of the Senate, after
consultation with the chairman and ranking member of the
Committee on Finance and the chairman and ranking member of the
committee from which the Member will be selected.
(2) Consultations with designated congressional advisers.--In
the course of negotiations conducted under this title, the United
States Trade Representative shall consult closely and on a timely
basis (including immediately before initialing an agreement) with,
and keep fully apprised of the negotiations, the congressional
advisers for trade policy and negotiations designated under
paragraph (1).
(3) Accreditation.--Each Member of Congress designated as a
congressional adviser under paragraph (1) shall be accredited by
the United States Trade Representative on behalf of the President
as an official adviser to the United States delegations to
international conferences, meetings, and negotiating sessions
relating to trade agreements.
(c) Congressional Advisory Groups on Negotiations.--
(1) In general.--By not later than 60 days after the date of
the enactment of this Act, and not later than 30 days after the
convening of each Congress, the chairman of the Committee on Ways
and Means of the House of Representatives shall convene the House
Advisory Group on Negotiations and the chairman of the Committee on
Finance of the Senate shall convene the Senate Advisory Group on
Negotiations (in this subsection referred to collectively as the
``congressional advisory groups'').
(2) Members and functions.--
(A) Membership of the house advisory group on
negotiations.--In each Congress, the House Advisory Group on
Negotiations shall be comprised of the following Members of the
House of Representatives:
(i) The chairman and ranking member of the Committee on
Ways and Means, and 3 additional members of such Committee
(not more than 2 of whom are members of the same political
party).
(ii) The chairman and ranking member, or their
designees, of the committees of the House of
Representatives that would have, under the Rules of the
House of Representatives, jurisdiction over provisions of
law affected by a trade agreement negotiation conducted at
any time during that Congress and to which this title would
apply.
(B) Membership of the senate advisory group on
negotiations.--In each Congress, the Senate Advisory Group on
Negotiations shall be comprised of the following Members of the
Senate:
(i) The chairman and ranking member of the Committee on
Finance and 3 additional members of such Committee (not
more than 2 of whom are members of the same political
party).
(ii) The chairman and ranking member, or their
designees, of the committees of the Senate that would have,
under the Rules of the Senate, jurisdiction over provisions
of law affected by a trade agreement negotiation conducted
at any time during that Congress and to which this title
would apply.
(C) Accreditation.--Each member of the congressional
advisory groups described in subparagraphs (A)(i) and (B)(i)
shall be accredited by the United States Trade Representative
on behalf of the President as an official adviser to the United
States delegation in negotiations for any trade agreement to
which this title applies. Each member of the congressional
advisory groups described in subparagraphs (A)(ii) and (B)(ii)
shall be accredited by the United States Trade Representative
on behalf of the President as an official adviser to the United
States delegation in the negotiations by reason of which the
member is in one of the congressional advisory groups.
(D) Consultation and advice.--The congressional advisory
groups shall consult with and provide advice to the Trade
Representative regarding the formulation of specific
objectives, negotiating strategies and positions, the
development of the applicable trade agreement, and compliance
and enforcement of the negotiated commitments under the trade
agreement.
(E) Chair.--The House Advisory Group on Negotiations shall
be chaired by the Chairman of the Committee on Ways and Means
of the House of Representatives and the Senate Advisory Group
on Negotiations shall be chaired by the Chairman of the
Committee on Finance of the Senate.
(F) Coordination with other committees.--Members of any
committee represented on one of the congressional advisory
groups may submit comments to the member of the appropriate
congressional advisory group from that committee regarding any
matter related to a negotiation for any trade agreement to
which this title applies.
(3) Guidelines.--
(A) Purpose and revision.--The United States Trade
Representative, in consultation with the chairmen and the
ranking members of the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate,
respectively--
(i) shall, not later than 120 days after the date of
the enactment of this Act, develop written guidelines to
facilitate the useful and timely exchange of information
between the Trade Representative and the congressional
advisory groups; and
(ii) may make such revisions to the guidelines as may
be necessary from time to time.
(B) Content.--The guidelines developed under subparagraph
(A) shall provide for, among other things--
(i) detailed briefings on a fixed timetable to be
specified in the guidelines of the congressional advisory
groups regarding negotiating objectives and positions and
the status of the applicable negotiations, beginning as
soon as practicable after the congressional advisory groups
are convened, with more frequent briefings as trade
negotiations enter the final stage;
(ii) access by members of the congressional advisory
groups, and staff with proper security clearances, to
pertinent documents relating to the negotiations, including
classified materials;
(iii) the closest practicable coordination between the
Trade Representative and the congressional advisory groups
at all critical periods during the negotiations, including
at negotiation sites;
(iv) after the applicable trade agreement is concluded,
consultation regarding ongoing compliance and enforcement
of negotiated commitments under the trade agreement; and
(v) the timeframe for submitting the report required
under section 105(d)(3).
(4) Request for meeting.--Upon the request of a majority of
either of the congressional advisory groups, the President shall
meet with that congressional advisory group before initiating
negotiations with respect to a trade agreement, or at any other
time concerning the negotiations.
(d) Consultations With the Public.--
(1) Guidelines for public engagement.--The United States Trade
Representative, in consultation with the chairmen and the ranking
members of the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate,
respectively--
(A) shall, not later than 120 days after the date of the
enactment of this Act, develop written guidelines on public
access to information regarding negotiations conducted under
this title; and
(B) may make such revisions to the guidelines as may be
necessary from time to time.
(2) Purposes.--The guidelines developed under paragraph (1)
shall--
(A) facilitate transparency;
(B) encourage public participation; and
(C) promote collaboration in the negotiation process.
(3) Content.--The guidelines developed under paragraph (1)
shall include procedures that--
(A) provide for rapid disclosure of information in forms
that the public can readily find and use; and
(B) provide frequent opportunities for public input through
Federal Register requests for comment and other means.
(4) Dissemination.--The United States Trade Representative
shall disseminate the guidelines developed under paragraph (1) to
all Federal agencies that could have jurisdiction over laws
affected by trade negotiations.
(e) Consultations With Advisory Committees.--
(1) Guidelines for engagement with advisory committees.--The
United States Trade Representative, in consultation with the
chairmen and the ranking members of the Committee on Ways and Means
of the House of Representatives and the Committee on Finance of the
Senate, respectively--
(A) shall, not later than 120 days after the date of the
enactment of this Act, develop written guidelines on enhanced
coordination with advisory committees established pursuant to
section 135 of the Trade Act of 1974 (19 U.S.C. 2155) regarding
negotiations conducted under this title; and
(B) may make such revisions to the guidelines as may be
necessary from time to time.
(2) Content.--The guidelines developed under paragraph (1)
shall enhance coordination with advisory committees described in
that paragraph through procedures to ensure--
(A) timely briefings of advisory committees and regular
opportunities for advisory committees to provide input
throughout the negotiation process on matters relevant to the
sectors or functional areas represented by those committees;
and
(B) the sharing of detailed and timely information with
each member of an advisory committee regarding negotiations and
pertinent documents related to the negotiation (including
classified information) on matters relevant to the sectors or
functional areas the member represents, and with a designee
with proper security clearances of each such member as
appropriate.
(3) Dissemination.--The United States Trade Representative
shall disseminate the guidelines developed under paragraph (1) to
all Federal agencies that could have jurisdiction over laws
affected by trade negotiations.
(f) Establishment of Position of Chief Transparency Officer in the
Office of the United States Trade Representative.--Section 141(b) of
the Trade Act of 1974 (19 U.S.C. 2171(b)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) There shall be in the Office one Chief Transparency Officer.
The Chief Transparency Officer shall consult with Congress on
transparency policy, coordinate transparency in trade negotiations,
engage and assist the public, and advise the United States Trade
Representative on transparency policy.''.
SEC. 105. NOTICE, CONSULTATIONS, AND REPORTS.
(a) Notice, Consultations, and Reports Before Negotiation.--
(1) Notice.--The President, with respect to any agreement that
is subject to the provisions of section 103(b), shall--
(A) provide, at least 90 calendar days before initiating
negotiations with a country, written notice to Congress of the
President's intention to enter into the negotiations with that
country and set forth in the notice the date on which the
President intends to initiate those negotiations, the specific
United States objectives for the negotiations with that
country, and whether the President intends to seek an
agreement, or changes to an existing agreement;
(B) before and after submission of the notice, consult
regarding the negotiations with the Committee on Ways and Means
of the House of Representatives and the Committee on Finance of
the Senate, such other committees of the House and Senate as
the President deems appropriate, and the House Advisory Group
on Negotiations and the Senate Advisory Group on Negotiations
convened under section 104(c);
(C) upon the request of a majority of the members of either
the House Advisory Group on Negotiations or the Senate Advisory
Group on Negotiations convened under section 104(c), meet with
the requesting congressional advisory group before initiating
the negotiations or at any other time concerning the
negotiations; and
(D) after consulting with the Committee on Ways and Means
and the Committee on Finance, and at least 30 calendar days
before initiating negotiations with a country, publish on a
publicly available Internet website of the Office of the United
States Trade Representative, and regularly update thereafter, a
detailed and comprehensive summary of the specific objectives
with respect to the negotiations, and a description of how the
agreement, if successfully concluded, will further those
objectives and benefit the United States.
(2) Negotiations regarding agriculture.--
(A) Assessment and consultations following assessment.--
Before initiating or continuing negotiations the subject matter
of which is directly related to the subject matter under
section 102(b)(3)(B) with any country, the President shall--
(i) assess whether United States tariffs on
agricultural products that were bound under the Uruguay
Round Agreements are lower than the tariffs bound by that
country;
(ii) consider whether the tariff levels bound and
applied throughout the world with respect to imports from
the United States are higher than United States tariffs and
whether the negotiation provides an opportunity to address
any such disparity; and
(iii) consult with the Committee on Ways and Means and
the Committee on Agriculture of the House of
Representatives and the Committee on Finance and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate concerning the results of the assessment, whether it
is appropriate for the United States to agree to further
tariff reductions based on the conclusions reached in the
assessment, and how all applicable negotiating objectives
will be met.
(B) Special consultations on import sensitive products.--
(i) Before initiating negotiations with regard to agriculture
and, with respect to agreements described in paragraphs (2) and
(3) of section 107(a), as soon as practicable after the date of
the enactment of this Act, the United States Trade
Representative shall--
(I) identify those agricultural products subject to
tariff rate quotas on the date of enactment of this Act,
and agricultural products subject to tariff reductions by
the United States as a result of the Uruguay Round
Agreements, for which the rate of duty was reduced on
January 1, 1995, to a rate which was not less than 97.5
percent of the rate of duty that applied to such article on
December 31, 1994;
(II) consult with the Committee on Ways and Means and
the Committee on Agriculture of the House of
Representatives and the Committee on Finance and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate concerning--
(aa) whether any further tariff reductions on the
products identified under subclause (I) should be
appropriate, taking into account the impact of any such
tariff reduction on the United States industry
producing the product concerned;
(bb) whether the products so identified face
unjustified sanitary or phytosanitary restrictions,
including those not based on scientific principles in
contravention of the Uruguay Round Agreements; and
(cc) whether the countries participating in the
negotiations maintain export subsidies or other
programs, policies, or practices that distort world
trade in such products and the impact of such programs,
policies, and practices on United States producers of
the products;
(III) request that the International Trade Commission
prepare an assessment of the probable economic effects of
any such tariff reduction on the United States industry
producing the product concerned and on the United States
economy as a whole; and
(IV) upon complying with subclauses (I), (II), and
(III), notify the Committee on Ways and Means and the
Committee on Agriculture of the House of Representatives
and the Committee on Finance and the Committee on
Agriculture, Nutrition, and Forestry of the Senate of those
products identified under subclause (I) for which the Trade
Representative intends to seek tariff liberalization in the
negotiations and the reasons for seeking such tariff
liberalization.
(ii) If, after negotiations described in clause (i) are
commenced--
(I) the United States Trade Representative identifies
any additional agricultural product described in clause
(i)(I) for tariff reductions which were not the subject of
a notification under clause (i)(IV), or
(II) any additional agricultural product described in
clause (i)(I) is the subject of a request for tariff
reductions by a party to the negotiations,
the Trade Representative shall, as soon as practicable, notify
the committees referred to in clause (i)(IV) of those products
and the reasons for seeking such tariff reductions.
(3) Negotiations regarding the fishing industry.--Before
initiating, or continuing, negotiations that directly relate to
fish or shellfish trade with any country, the President shall
consult with the Committee on Ways and Means and the Committee on
Natural Resources of the House of Representatives, and the
Committee on Finance and the Committee on Commerce, Science, and
Transportation of the Senate, and shall keep the Committees
apprised of the negotiations on an ongoing and timely basis.
(4) Negotiations regarding textiles.--Before initiating or
continuing negotiations the subject matter of which is directly
related to textiles and apparel products with any country, the
President shall--
(A) assess whether United States tariffs on textile and
apparel products that were bound under the Uruguay Round
Agreements are lower than the tariffs bound by that country and
whether the negotiation provides an opportunity to address any
such disparity; and
(B) consult with the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate concerning the results of the assessment, whether it is
appropriate for the United States to agree to further tariff
reductions based on the conclusions reached in the assessment,
and how all applicable negotiating objectives will be met.
(5) Adherence to existing international trade and investment
agreement obligations.--In determining whether to enter into
negotiations with a particular country, the President shall take
into account the extent to which that country has implemented, or
has accelerated the implementation of, its international trade and
investment commitments to the United States, including pursuant to
the WTO Agreement.
(b) Consultation With Congress Before Entry Into Agreement.--
(1) Consultation.--Before entering into any trade agreement
under section 103(b), the President shall consult with--
(A) the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate;
(B) each other committee of the House and the Senate, and
each joint committee of Congress, which has jurisdiction over
legislation involving subject matters which would be affected
by the trade agreement; and
(C) the House Advisory Group on Negotiations and the Senate
Advisory Group on Negotiations convened under section 104(c).
(2) Scope.--The consultation described in paragraph (1) shall
include consultation with respect to--
(A) the nature of the agreement;
(B) how and to what extent the agreement will achieve the
applicable purposes, policies, priorities, and objectives of
this title; and
(C) the implementation of the agreement under section 106,
including the general effect of the agreement on existing laws.
(3) Report regarding united states trade remedy laws.--
(A) Changes in certain trade laws.--The President, not less
than 180 calendar days before the day on which the President
enters into a trade agreement under section 103(b), shall
report to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate--
(i) the range of proposals advanced in the negotiations
with respect to that agreement, that may be in the final
agreement, and that could require amendments to title VII
of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) or to
chapter 1 of title II of the Trade Act of 1974 (19 U.S.C.
2251 et seq.); and
(ii) how these proposals relate to the objectives
described in section 102(b)(16).
(B) Resolutions.--(i) At any time after the transmission of
the report under subparagraph (A), if a resolution is
introduced with respect to that report in either House of
Congress, the procedures set forth in clauses (iii) through
(vii) shall apply to that resolution if--
(I) no other resolution with respect to that report has
previously been reported in that House of Congress by the
Committee on Ways and Means or the Committee on Finance, as
the case may be, pursuant to those procedures; and
(II) no procedural disapproval resolution under section
106(b) introduced with respect to a trade agreement entered
into pursuant to the negotiations to which the report under
subparagraph (A) relates has previously been reported in
that House of Congress by the Committee on Ways and Means
or the Committee on Finance, as the case may be.
(ii) For purposes of this subparagraph, the term
``resolution'' means only a resolution of either House of
Congress, the matter after the resolving clause of which is as
follows: ``That the ____ finds that the proposed changes to
United States trade remedy laws contained in the report of the
President transmitted to Congress on ____ under section
105(b)(3) of the Bipartisan Congressional Trade Priorities and
Accountability Act of 2015 with respect to ____, are
inconsistent with the negotiating objectives described in
section 102(b)(16) of that Act.'', with the first blank space
being filled with the name of the resolving House of Congress,
the second blank space being filled with the appropriate date
of the report, and the third blank space being filled with the
name of the country or countries involved.
(iii) Resolutions in the House of Representatives--
(I) may be introduced by any Member of the House;
(II) shall be referred to the Committee on Ways and
Means and, in addition, to the Committee on Rules; and
(III) may not be amended by either Committee.
(iv) Resolutions in the Senate--
(I) may be introduced by any Member of the Senate;
(II) shall be referred to the Committee on Finance; and
(III) may not be amended.
(v) It is not in order for the House of Representatives to
consider any resolution that is not reported by the Committee
on Ways and Means and, in addition, by the Committee on Rules.
(vi) It is not in order for the Senate to consider any
resolution that is not reported by the Committee on Finance.
(vii) The provisions of subsections (d) and (e) of section
152 of the Trade Act of 1974 (19 U.S.C. 2192) (relating to
floor consideration of certain resolutions in the House and
Senate) shall apply to resolutions.
(4) Advisory committee reports.--The report required under
section 135(e)(1) of the Trade Act of 1974 (19 U.S.C. 2155(e)(1))
regarding any trade agreement entered into under subsection (a) or
(b) of section 103 shall be provided to the President, Congress,
and the United States Trade Representative not later than 30 days
after the date on which the President notifies Congress under
section 103(a)(2) or 106(a)(1)(A) of the intention of the President
to enter into the agreement.
(c) International Trade Commission Assessment.--
(1) Submission of information to commission.--The President,
not later than 90 calendar days before the day on which the
President enters into a trade agreement under section 103(b), shall
provide the International Trade Commission (referred to in this
subsection as the ``Commission'') with the details of the agreement
as it exists at that time and request the Commission to prepare and
submit an assessment of the agreement as described in paragraph
(2). Between the time the President makes the request under this
paragraph and the time the Commission submits the assessment, the
President shall keep the Commission current with respect to the
details of the agreement.
(2) Assessment.--Not later than 105 calendar days after the
President enters into a trade agreement under section 103(b), the
Commission shall submit to the President and Congress a report
assessing the likely impact of the agreement on the United States
economy as a whole and on specific industry sectors, including the
impact the agreement will have on the gross domestic product,
exports and imports, aggregate employment and employment
opportunities, the production, employment, and competitive position
of industries likely to be significantly affected by the agreement,
and the interests of United States consumers.
(3) Review of empirical literature.--In preparing the
assessment under paragraph (2), the Commission shall review
available economic assessments regarding the agreement, including
literature regarding any substantially equivalent proposed
agreement, and shall provide in its assessment a description of the
analyses used and conclusions drawn in such literature, and a
discussion of areas of consensus and divergence between the various
analyses and conclusions, including those of the Commission
regarding the agreement.
(4) Public availability.--The President shall make each
assessment under paragraph (2) available to the public.
(d) Reports Submitted to Committees With Agreement.--
(1) Environmental reviews and reports.--The President shall--
(A) conduct environmental reviews of future trade and
investment agreements, consistent with Executive Order No.
13141 (64 Fed. Reg. 63169), dated November 16, 1999, and its
relevant guidelines; and
(B) submit a report on those reviews and on the content and
operation of consultative mechanisms established pursuant to
section 102(c) to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate
at the time the President submits to Congress a copy of the
final legal text of an agreement pursuant to section
106(a)(1)(E).
(2) Employment impact reviews and reports.--The President
shall--
(A) review the impact of future trade agreements on United
States employment, including labor markets, modeled after
Executive Order No. 13141 (64 Fed. Reg. 63169) to the extent
appropriate in establishing procedures and criteria; and
(B) submit a report on such reviews to the Committee on
Ways and Means of the House of Representatives and the
Committee on Finance of the Senate at the time the President
submits to Congress a copy of the final legal text of an
agreement pursuant to section 106(a)(1)(E).
(3) Report on labor rights.--The President shall submit to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate, on a timeframe determined in
accordance with section 104(c)(3)(B)(v)--
(A) a meaningful labor rights report of the country, or
countries, with respect to which the President is negotiating;
and
(B) a description of any provisions that would require
changes to the labor laws and labor practices of the United
States.
(4) Public availability.--The President shall make all reports
required under this subsection available to the public.
(e) Implementation and Enforcement Plan.--
(1) In general.--At the time the President submits to Congress
a copy of the final legal text of an agreement pursuant to section
106(a)(1)(E), the President shall also submit to Congress a plan
for implementing and enforcing the agreement.
(2) Elements.--The implementation and enforcement plan required
by paragraph (1) shall include the following:
(A) Border personnel requirements.--A description of
additional personnel required at border entry points, including
a list of additional customs and agricultural inspectors.
(B) Agency staffing requirements.--A description of
additional personnel required by Federal agencies responsible
for monitoring and implementing the trade agreement, including
personnel required by the Office of the United States Trade
Representative, the Department of Commerce, the Department of
Agriculture (including additional personnel required to
implement sanitary and phytosanitary measures in order to
obtain market access for United States exports), the Department
of Homeland Security, the Department of the Treasury, and such
other agencies as may be necessary.
(C) Customs infrastructure requirements.--A description of
the additional equipment and facilities needed by U.S. Customs
and Border Protection.
(D) Impact on state and local governments.--A description
of the impact the trade agreement will have on State and local
governments as a result of increases in trade.
(E) Cost analysis.--An analysis of the costs associated
with each of the items listed in subparagraphs (A) through (D).
(3) Budget submission.--The President shall include a request
for the resources necessary to support the plan required by
paragraph (1) in the first budget of the President submitted to
Congress under section 1105(a) of title 31, United States Code,
after the date of the submission of the plan.
(4) Public availability.--The President shall make the plan
required under this subsection available to the public.
(f) Other Reports.--
(1) Report on penalties.--Not later than one year after the
imposition by the United States of a penalty or remedy permitted by
a trade agreement to which this title applies, the President shall
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a report
on the effectiveness of the penalty or remedy applied under United
States law in enforcing United States rights under the trade
agreement, which shall address whether the penalty or remedy was
effective in changing the behavior of the targeted party and
whether the penalty or remedy had any adverse impact on parties or
interests not party to the dispute.
(2) Report on impact of trade promotion authority.--Not later
than one year after the date of the enactment of this Act, and not
later than 5 years thereafter, the United States International
Trade Commission shall submit to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of the
Senate a report on the economic impact on the United States of all
trade agreements with respect to which Congress has enacted an
implementing bill under trade authorities procedures since January
1, 1984.
(3) Enforcement consultations and reports.--(A) The United
States Trade Representative shall consult with the Committee on
Ways and Means of the House of Representatives and the Committee on
Finance of the Senate after acceptance of a petition for review or
taking an enforcement action in regard to an obligation under a
trade agreement, including a labor or environmental obligation.
During such consultations, the United States Trade Representative
shall describe the matter, including the basis for such action and
the application of any relevant legal obligations.
(B) As part of the report required pursuant to section 163 of
the Trade Act of 1974 (19 U.S.C. 2213), the President shall report
annually to Congress on enforcement actions taken pursuant to a
trade agreement to which the United States is a party, as well as
on any public reports issued by Federal agencies on enforcement
matters relating to a trade agreement.
(g) Additional Coordination With Members.--Any Member of the House
of Representatives may submit to the Committee on Ways and Means of the
House of Representatives and any Member of the Senate may submit to the
Committee on Finance of the Senate the views of that Member on any
matter relevant to a proposed trade agreement, and the relevant
Committee shall receive those views for consideration.
SEC. 106. IMPLEMENTATION OF TRADE AGREEMENTS.
(a) In General.--
(1) Notification and submission.--Any agreement entered into
under section 103(b) shall enter into force with respect to the
United States if (and only if)--
(A) the President, at least 90 calendar days before the day
on which the President enters into the trade agreement,
notifies the House of Representatives and the Senate of the
President's intention to enter into the agreement, and promptly
thereafter publishes notice of such intention in the Federal
Register;
(B) the President, at least 60 days before the day on which
the President enters into the agreement, publishes the text of
the agreement on a publicly available Internet website of the
Office of the United States Trade Representative;
(C) within 60 days after entering into the agreement, the
President submits to Congress a description of those changes to
existing laws that the President considers would be required in
order to bring the United States into compliance with the
agreement;
(D) the President, at least 30 days before submitting to
Congress the materials under subparagraph (E), submits to
Congress--
(i) a draft statement of any administrative action
proposed to implement the agreement; and
(ii) a copy of the final legal text of the agreement;
(E) after entering into the agreement, the President
submits to Congress, on a day on which both Houses of Congress
are in session, a copy of the final legal text of the
agreement, together with--
(i) a draft of an implementing bill described in
section 103(b)(3);
(ii) a statement of any administrative action proposed
to implement the trade agreement; and
(iii) the supporting information described in paragraph
(2)(A);
(F) the implementing bill is enacted into law; and
(G) the President, not later than 30 days before the date
on which the agreement enters into force with respect to a
party to the agreement, submits written notice to Congress that
the President has determined that the party has taken measures
necessary to comply with those provisions of the agreement that
are to take effect on the date on which the agreement enters
into force.
(2) Supporting information.--
(A) In general.--The supporting information required under
paragraph (1)(E)(iii) consists of--
(i) an explanation as to how the implementing bill and
proposed administrative action will change or affect
existing law; and
(ii) a statement--
(I) asserting that the agreement makes progress in
achieving the applicable purposes, policies,
priorities, and objectives of this title; and
(II) setting forth the reasons of the President
regarding--
(aa) how and to what extent the agreement makes
progress in achieving the applicable purposes,
policies, and objectives referred to in subclause
(I);
(bb) whether and how the agreement changes
provisions of an agreement previously negotiated;
(cc) how the agreement serves the interests of
United States commerce; and
(dd) how the implementing bill meets the
standards set forth in section 103(b)(3).
(B) Public availability.--The President shall make the
supporting information described in subparagraph (A) available
to the public.
(3) Reciprocal benefits.--In order to ensure that a foreign
country that is not a party to a trade agreement entered into under
section 103(b) does not receive benefits under the agreement unless
the country is also subject to the obligations under the agreement,
the implementing bill submitted with respect to the agreement shall
provide that the benefits and obligations under the agreement apply
only to the parties to the agreement, if such application is
consistent with the terms of the agreement. The implementing bill
may also provide that the benefits and obligations under the
agreement do not apply uniformly to all parties to the agreement,
if such application is consistent with the terms of the agreement.
(4) Disclosure of commitments.--Any agreement or other
understanding with a foreign government or governments (whether
oral or in writing) that--
(A) relates to a trade agreement with respect to which
Congress enacts an implementing bill under trade authorities
procedures; and
(B) is not disclosed to Congress before an implementing
bill with respect to that agreement is introduced in either
House of Congress,
shall not be considered to be part of the agreement approved by
Congress and shall have no force and effect under United States law
or in any dispute settlement body.
(b) Limitations on Trade Authorities Procedures.--
(1) For lack of notice or consultations.--
(A) In general.--The trade authorities procedures shall not
apply to any implementing bill submitted with respect to a
trade agreement or trade agreements entered into under section
103(b) if during the 60-day period beginning on the date that
one House of Congress agrees to a procedural disapproval
resolution for lack of notice or consultations with respect to
such trade agreement or agreements, the other House separately
agrees to a procedural disapproval resolution with respect to
such trade agreement or agreements.
(B) Procedural disapproval resolution.--(i) For purposes of
this paragraph, the term ``procedural disapproval resolution''
means a resolution of either House of Congress, the sole matter
after the resolving clause of which is as follows: ``That the
President has failed or refused to notify or consult in
accordance with the Bipartisan Congressional Trade Priorities
and Accountability Act of 2015 on negotiations with respect to
________ and, therefore, the trade authorities procedures under
that Act shall not apply to any implementing bill submitted
with respect to such trade agreement or agreements.'', with the
blank space being filled with a description of the trade
agreement or agreements with respect to which the President is
considered to have failed or refused to notify or consult.
(ii) For purposes of clause (i) and paragraphs (3)(C) and
(4)(C), the President has ``failed or refused to notify or
consult in accordance with the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015'' on negotiations
with respect to a trade agreement or trade agreements if--
(I) the President has failed or refused to consult (as
the case may be) in accordance with sections 104 and 105
and this section with respect to the negotiations,
agreement, or agreements;
(II) guidelines under section 104 have not been
developed or met with respect to the negotiations,
agreement, or agreements;
(III) the President has not met with the House Advisory
Group on Negotiations or the Senate Advisory Group on
Negotiations pursuant to a request made under section
104(c)(4) with respect to the negotiations, agreement, or
agreements; or
(IV) the agreement or agreements fail to make progress
in achieving the purposes, policies, priorities, and
objectives of this title.
(2) Procedures for considering resolutions.--(A) Procedural
disapproval resolutions--
(i) in the House of Representatives--
(I) may be introduced by any Member of the House;
(II) shall be referred to the Committee on Ways and
Means and, in addition, to the Committee on Rules; and
(III) may not be amended by either Committee; and
(ii) in the Senate--
(I) may be introduced by any Member of the Senate;
(II) shall be referred to the Committee on Finance; and
(III) may not be amended.
(B) The provisions of subsections (d) and (e) of section 152 of
the Trade Act of 1974 (19 U.S.C. 2192) (relating to the floor
consideration of certain resolutions in the House and Senate) apply
to a procedural disapproval resolution introduced with respect to a
trade agreement if no other procedural disapproval resolution with
respect to that trade agreement has previously been reported in
that House of Congress by the Committee on Ways and Means or the
Committee on Finance, as the case may be, and if no resolution
described in clause (ii) of section 105(b)(3)(B) with respect to
that trade agreement has been reported in that House of Congress by
the Committee on Ways and Means or the Committee on Finance, as the
case may be, pursuant to the procedures set forth in clauses (iii)
through (vii) of such section.
(C) It is not in order for the House of Representatives to
consider any procedural disapproval resolution not reported by the
Committee on Ways and Means and, in addition, by the Committee on
Rules.
(D) It is not in order for the Senate to consider any
procedural disapproval resolution not reported by the Committee on
Finance.
(3) Consideration in senate of consultation and compliance
resolution to remove trade authorities procedures.--
(A) Reporting of resolution.--If, when the Committee on
Finance of the Senate meets on whether to report an
implementing bill with respect to a trade agreement or
agreements entered into under section 103(b), the committee
fails to favorably report the bill, the committee shall report
a resolution described in subparagraph (C).
(B) Applicability of trade authorities procedures.--The
trade authorities procedures shall not apply in the Senate to
any implementing bill submitted with respect to a trade
agreement or agreements described in subparagraph (A) if the
Committee on Finance reports a resolution described in
subparagraph (C) and such resolution is agreed to by the
Senate.
(C) Resolution described.--A resolution described in this
subparagraph is a resolution of the Senate originating from the
Committee on Finance the sole matter after the resolving clause
of which is as follows: ``That the President has failed or
refused to notify or consult in accordance with the Bipartisan
Congressional Trade Priorities and Accountability Act of 2015
on negotiations with respect to _____ and, therefore, the trade
authorities procedures under that Act shall not apply in the
Senate to any implementing bill submitted with respect to such
trade agreement or agreements.'', with the blank space being
filled with a description of the trade agreement or agreements
described in subparagraph (A).
(D) Procedures.--If the Senate does not agree to a motion
to invoke cloture on the motion to proceed to a resolution
described in subparagraph (C), the resolution shall be
committed to the Committee on Finance.
(4) Consideration in the house of representatives of a
consultation and compliance resolution.--
(A) Qualifications for reporting resolution.--If--
(i) the Committee on Ways and Means of the House of
Representatives reports an implementing bill with respect
to a trade agreement or agreements entered into under
section 103(b) with other than a favorable recommendation;
and
(ii) a Member of the House of Representatives has
introduced a consultation and compliance resolution on the
legislative day following the filing of a report to
accompany the implementing bill with other than a favorable
recommendation,
then the Committee on Ways and Means shall consider a
consultation and compliance resolution pursuant to subparagraph
(B).
(B) Committee consideration of a qualifying resolution.--
(i) Not later than the fourth legislative day after the date of
introduction of the resolution, the Committee on Ways and Means
shall meet to consider a resolution meeting the qualifications
set forth in subparagraph (A).
(ii) After consideration of one such resolution by the
Committee on Ways and Means, this subparagraph shall not apply
to any other such resolution.
(iii) If the Committee on Ways and Means has not reported
the resolution by the sixth legislative day after the date of
its introduction, that committee shall be discharged from
further consideration of the resolution.
(C) Consultation and compliance resolution described.--A
consultation and compliance resolution--
(i) is a resolution of the House of Representatives,
the sole matter after the resolving clause of which is as
follows: ``That the President has failed or refused to
notify or consult in accordance with the Bipartisan
Congressional Trade Priorities and Accountability Act of
2015 on negotiations with respect to _____ and, therefore,
the trade authorities procedures under that Act shall not
apply in the House of Representatives to any implementing
bill submitted with respect to such trade agreement or
agreements.'', with the blank space being filled with a
description of the trade agreement or agreements described
in subparagraph (A); and
(ii) shall be referred to the Committee on Ways and
Means.
(D) Applicability of trade authorities procedures.--The
trade authorities procedures shall not apply in the House of
Representatives to any implementing bill submitted with respect
to a trade agreement or agreements which are the object of a
consultation and compliance resolution if such resolution is
adopted by the House.
(5) For failure to meet other requirements.--Not later than
December 15, 2015, the Secretary of Commerce, in consultation with
the Secretary of State, the Secretary of the Treasury, the Attorney
General, and the United States Trade Representative, shall transmit
to Congress a report setting forth the strategy of the executive
branch to address concerns of Congress regarding whether dispute
settlement panels and the Appellate Body of the World Trade
Organization have added to obligations, or diminished rights, of
the United States, as described in section 102(b)(15)(C). Trade
authorities procedures shall not apply to any implementing bill
with respect to an agreement negotiated under the auspices of the
World Trade Organization unless the Secretary of Commerce has
issued such report by the deadline specified in this paragraph.
(6) Limitations on procedures with respect to agreements with
countries not in compliance with trafficking victims protection act
of 2000.--
(A) In general.--The trade authorities procedures shall not
apply to any implementing bill submitted with respect to a
trade agreement or trade agreements entered into under section
103(b) with a country to which the minimum standards for the
elimination of trafficking are applicable and the government of
which does not fully comply with such standards and is not
making significant efforts to bring the country into compliance
(commonly referred to as a ``tier 3'' country), as determined
in the most recent annual report on trafficking in persons
submitted under section 110(b)(1) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b)(1)).
(B) Minimum standards for the elimination of trafficking
defined.--In this paragraph, the term ``minimum standards for
the elimination of trafficking'' means the standards set forth
in section 108 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7106).
(c) Rules of House of Representatives and Senate.--Subsection (b)
of this section, section 103(c), and section 105(b)(3) are enacted by
Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such are
deemed a part of the rules of each House, respectively, and such
procedures supersede other rules only to the extent that they are
inconsistent with such other rules; and
(2) with the full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedures of that House) at any time, in the same manner, and to
the same extent as any other rule of that House.
SEC. 107. TREATMENT OF CERTAIN TRADE AGREEMENTS FOR WHICH
NEGOTIATIONS HAVE ALREADY BEGUN.
(a) Certain Agreements.--Notwithstanding the prenegotiation
notification and consultation requirement described in section 105(a),
if an agreement to which section 103(b) applies--
(1) is entered into under the auspices of the World Trade
Organization,
(2) is entered into with the Trans-Pacific Partnership
countries with respect to which notifications have been made in a
manner consistent with section 105(a)(1)(A) as of the date of the
enactment of this Act,
(3) is entered into with the European Union,
(4) is an agreement with respect to international trade in
services entered into with WTO members with respect to which a
notification has been made in a manner consistent with section
105(a)(1)(A) as of the date of the enactment of this Act, or
(5) is an agreement with respect to environmental goods entered
into with WTO members with respect to which a notification has been
made in a manner consistent with section 105(a)(1)(A) as of the
date of the enactment of this Act,
and results from negotiations that were commenced before the date of
the enactment of this Act, subsection (b) shall apply.
(b) Treatment of Agreements.--In the case of any agreement to which
subsection (a) applies, the applicability of the trade authorities
procedures to implementing bills shall be determined without regard to
the requirements of section 105(a) (relating only to notice prior to
initiating negotiations), and any resolution under paragraph (1)(B),
(3)(C), or (4)(C) of section 106(b) shall not be in order on the basis
of a failure or refusal to comply with the provisions of section
105(a), if (and only if) the President, as soon as feasible after the
date of the enactment of this Act--
(1) notifies Congress of the negotiations described in
subsection (a), the specific United States objectives in the
negotiations, and whether the President is seeking a new agreement
or changes to an existing agreement; and
(2) before and after submission of the notice, consults
regarding the negotiations with the committees referred to in
section 105(a)(1)(B) and the House and Senate Advisory Groups on
Negotiations convened under section 104(c).
SEC. 108. SOVEREIGNTY.
(a) United States Law To Prevail in Event of Conflict.--No
provision of any trade agreement entered into under section 103(b), nor
the application of any such provision to any person or circumstance,
that is inconsistent with any law of the United States, any State of
the United States, or any locality of the United States shall have
effect.
(b) Amendments or Modifications of United States Law.--No provision
of any trade agreement entered into under section 103(b) shall prevent
the United States, any State of the United States, or any locality of
the United States from amending or modifying any law of the United
States, that State, or that locality (as the case may be).
(c) Dispute Settlement Reports.--Reports, including findings and
recommendations, issued by dispute settlement panels convened pursuant
to any trade agreement entered into under section 103(b) shall have no
binding effect on the law of the United States, the Government of the
United States, or the law or government of any State or locality of the
United States.
SEC. 109. INTERESTS OF SMALL BUSINESSES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States Trade Representative should facilitate
participation by small businesses in the trade negotiation process;
and
(2) the functions of the Office of the United States Trade
Representative relating to small businesses should continue to be
reflected in the title of the Assistant United States Trade
Representative assigned the responsibility for small businesses.
(b) Consideration of Small Business Interests.--The Assistant
United States Trade Representative for Small Business, Market Access,
and Industrial Competitiveness shall be responsible for ensuring that
the interests of small businesses are considered in all trade
negotiations in accordance with the objective described in section
102(a)(8).
SEC. 110. CONFORMING AMENDMENTS; APPLICATION OF CERTAIN PROVISIONS.
(a) Conforming Amendments.--
(1) Advice from united states international trade commission.--
Section 131 of the Trade Act of 1974 (19 U.S.C. 2151) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``section 2103(a) or
(b) of the Bipartisan Trade Promotion Authority Act of
2002'' and inserting ``subsection (a) or (b) of section 103
of the Bipartisan Congressional Trade Priorities and
Accountability Act of 2015''; and
(ii) in paragraph (2), by striking ``section 2103(b) of
the Bipartisan Trade Promotion Authority Act of 2002'' and
inserting ``section 103(b) of the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015'';
(B) in subsection (b), by striking ``section 2103(a)(3)(A)
of the Bipartisan Trade Promotion Authority Act of 2002'' and
inserting ``section 103(a)(4)(A) of the Bipartisan
Congressional Trade Priorities and Accountability Act of
2015''; and
(C) in subsection (c), by striking ``section 2103 of the
Bipartisan Trade Promotion Authority Act of 2002'' and
inserting ``section 103(a) of the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015''.
(2) Hearings.--Section 132 of the Trade Act of 1974 (19 U.S.C.
2152) is amended by striking ``section 2103 of the Bipartisan Trade
Promotion Authority Act of 2002'' and inserting ``section 103 of
the Bipartisan Congressional Trade Priorities and Accountability
Act of 2015''.
(3) Public hearings.--Section 133(a) of the Trade Act of 1974
(19 U.S.C. 2153(a)) is amended by striking ``section 2103 of the
Bipartisan Trade Promotion Authority Act of 2002'' and inserting
``section 103 of the Bipartisan Congressional Trade Priorities and
Accountability Act of 2015''.
(4) Prerequisites for offers.--Section 134 of the Trade Act of
1974 (19 U.S.C. 2154) is amended by striking ``section 2103 of the
Bipartisan Trade Promotion Authority Act of 2002'' each place it
appears and inserting ``section 103 of the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015''.
(5) Information and advice from private and public sectors.--
Section 135 of the Trade Act of 1974 (19 U.S.C. 2155) is amended--
(A) in subsection (a)(1)(A), by striking ``section 2103 of
the Bipartisan Trade Promotion Authority Act of 2002'' and
inserting ``section 103 of the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015''; and
(B) in subsection (e)--
(i) in paragraph (1)--
(I) by striking ``section 2103 of the Bipartisan
Trade Promotion Authority Act of 2002'' each place it
appears and inserting ``section 103 of the Bipartisan
Congressional Trade Priorities and Accountability Act
of 2015''; and
(II) by striking ``not later than the date on which
the President notifies the Congress under section
2105(a)(1)(A) of the Bipartisan Trade Promotion
Authority Act of 2002'' and inserting ``not later than
the date that is 30 days after the date on which the
President notifies Congress under section 106(a)(1)(A)
of the Bipartisan Congressional Trade Priorities and
Accountability Act of 2015''; and
(ii) in paragraph (2), by striking ``section 2102 of
the Bipartisan Trade Promotion Authority Act of 2002'' and
inserting ``section 102 of the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015''.
(6) Procedures relating to implementing bills.--Section 151 of
the Trade Act of 1974 (19 U.S.C. 2191) is amended--
(A) in subsection (b)(1), in the matter preceding
subparagraph (A), by striking ``section 2105(a)(1) of the
Bipartisan Trade Promotion Authority Act of 2002'' and
inserting ``section 106(a)(1) of the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015''; and
(B) in subsection (c)(1), by striking ``section 2105(a)(1)
of the Bipartisan Trade Promotion Authority Act of 2002'' and
inserting ``section 106(a)(1) of the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015''.
(7) Transmission of agreements to congress.--Section 162(a) of
the Trade Act of 1974 (19 U.S.C. 2212(a)) is amended by striking
``section 2103 of the Bipartisan Trade Promotion Authority Act of
2002'' and inserting ``section 103 of the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015''.
(b) Application of Certain Provisions.--For purposes of applying
sections 125, 126, and 127 of the Trade Act of 1974 (19 U.S.C. 2135,
2136, and 2137)--
(1) any trade agreement entered into under section 103 shall be
treated as an agreement entered into under section 101 or 102 of
the Trade Act of 1974 (19 U.S.C. 2111 or 2112), as appropriate; and
(2) any proclamation or Executive order issued pursuant to a
trade agreement entered into under section 103 shall be treated as
a proclamation or Executive order issued pursuant to a trade
agreement entered into under section 102 of the Trade Act of 1974
(19 U.S.C. 2112).
SEC. 111. DEFINITIONS.
In this title:
(1) Agreement on agriculture.--The term ``Agreement on
Agriculture'' means the agreement referred to in section 101(d)(2)
of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(2)).
(2) Agreement on safeguards.--The term ``Agreement on
Safeguards'' means the agreement referred to in section 101(d)(13)
of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(13)).
(3) Agreement on subsidies and countervailing measures.--The
term ``Agreement on Subsidies and Countervailing Measures'' means
the agreement referred to in section 101(d)(12) of the Uruguay
Round Agreements Act (19 U.S.C. 3511(d)(12)).
(4) Antidumping agreement.--The term ``Antidumping Agreement''
means the Agreement on Implementation of Article VI of the General
Agreement on Tariffs and Trade 1994 referred to in section
101(d)(7) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(7)).
(5) Appellate body.--The term ``Appellate Body'' means the
Appellate Body established under Article 17.1 of the Dispute
Settlement Understanding.
(6) Common multilateral environmental agreement.--
(A) In general.--The term ``common multilateral
environmental agreement'' means any agreement specified in
subparagraph (B) or included under subparagraph (C) to which
both the United States and one or more other parties to the
negotiations are full parties, including any current or future
mutually agreed upon protocols, amendments, annexes, or
adjustments to such an agreement.
(B) Agreements specified.--The agreements specified in this
subparagraph are the following:
(i) The Convention on International Trade in Endangered
Species of Wild Fauna and Flora, done at Washington March
3, 1973 (27 UST 1087; TIAS 8249).
(ii) The Montreal Protocol on Substances that Deplete
the Ozone Layer, done at Montreal September 16, 1987.
(iii) The Protocol of 1978 Relating to the
International Convention for the Prevention of Pollution
from Ships, 1973, done at London February 17, 1978.
(iv) The Convention on Wetlands of International
Importance Especially as Waterfowl Habitat, done at Ramsar
February 2, 1971 (TIAS 11084).
(v) The Convention on the Conservation of Antarctic
Marine Living Resources, done at Canberra May 20, 1980 (33
UST 3476).
(vi) The International Convention for the Regulation of
Whaling, done at Washington December 2, 1946 (62 Stat.
1716).
(vii) The Convention for the Establishment of an Inter-
American Tropical Tuna Commission, done at Washington May
31, 1949 (1 UST 230).
(C) Additional agreements.--Both the United States and one
or more other parties to the negotiations may agree to include
any other multilateral environmental or conservation agreement
to which they are full parties as a common multilateral
environmental agreement under this paragraph.
(7) Core labor standards.--The term ``core labor standards''
means--
(A) freedom of association;
(B) the effective recognition of the right to collective
bargaining;
(C) the elimination of all forms of forced or compulsory
labor;
(D) the effective abolition of child labor and a
prohibition on the worst forms of child labor; and
(E) the elimination of discrimination in respect of
employment and occupation.
(8) Dispute settlement understanding.--The term ``Dispute
Settlement Understanding'' means the Understanding on Rules and
Procedures Governing the Settlement of Disputes referred to in
section 101(d)(16) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(16)).
(9) Enabling clause.--The term ``Enabling Clause'' means the
Decision on Differential and More Favourable Treatment, Reciprocity
and Fuller Participation of Developing Countries (L/4903), adopted
November 28, 1979, under GATT 1947 (as defined in section 2 of the
Uruguay Round Agreements Act (19 U.S.C. 3501)).
(10) Environmental laws.--The term ``environmental laws'', with
respect to the laws of the United States, means environmental
statutes and regulations enforceable by action of the Federal
Government.
(11) GATT 1994.--The term ``GATT 1994'' has the meaning given
that term in section 2 of the Uruguay Round Agreements Act (19
U.S.C. 3501).
(12) General agreement on trade in services.--The term
``General Agreement on Trade in Services'' means the General
Agreement on Trade in Services (referred to in section 101(d)(14)
of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(14))).
(13) Government procurement agreement.--The term ``Government
Procurement Agreement'' means the Agreement on Government
Procurement referred to in section 101(d)(17) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(17)).
(14) ILO.--The term ``ILO'' means the International Labor
Organization.
(15) Import sensitive agricultural product.--The term ``import
sensitive agricultural product'' means an agricultural product--
(A) with respect to which, as a result of the Uruguay Round
Agreements, the rate of duty was the subject of tariff
reductions by the United States and, pursuant to such
Agreements, was reduced on January 1, 1995, to a rate that was
not less than 97.5 percent of the rate of duty that applied to
such article on December 31, 1994; or
(B) which was subject to a tariff rate quota on the date of
the enactment of this Act.
(16) Information technology agreement.--The term ``Information
Technology Agreement'' means the Ministerial Declaration on Trade
in Information Technology Products of the World Trade Organization,
agreed to at Singapore December 13, 1996.
(17) Internationally recognized core labor standards.--The term
``internationally recognized core labor standards'' means the core
labor standards only as stated in the ILO Declaration on
Fundamental Principles and Rights at Work and its Follow-Up (1998).
(18) Labor laws.--The term ``labor laws'' means the statutes
and regulations, or provisions thereof, of a party to the
negotiations that are directly related to core labor standards as
well as other labor protections for children and minors and
acceptable conditions of work with respect to minimum wages, hours
of work, and occupational safety and health, and for the United
States, includes Federal statutes and regulations addressing those
standards, protections, or conditions, but does not include State
or local labor laws.
(19) United states person.--The term ``United States person''
means--
(A) a United States citizen;
(B) a partnership, corporation, or other legal entity that
is organized under the laws of the United States; and
(C) a partnership, corporation, or other legal entity that
is organized under the laws of a foreign country and is
controlled by entities described in subparagraph (B) or United
States citizens, or both.
(20) Uruguay round agreements.--The term ``Uruguay Round
Agreements'' has the meaning given that term in section 2(7) of the
Uruguay Round Agreements Act (19 U.S.C. 3501(7)).
(21) World trade organization; wto.--The terms ``World Trade
Organization'' and ``WTO'' mean the organization established
pursuant to the WTO Agreement.
(22) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing the World Trade Organization entered into on
April 15, 1994.
(23) WTO member.--The term ``WTO member'' has the meaning given
that term in section 2(10) of the Uruguay Round Agreements Act (19
U.S.C. 3501(10)).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.