[United States Statutes at Large, Volume 129, 114th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
Public Law 114-26
114th Congress
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.
[[Page 320]]
TITLE I--TRADE <> PROMOTION AUTHORITY
SEC. 101. SHORT TITLE.
This title may be cited as the ``Bipartisan Congressional Trade
Priorities and Accountability Act of 2015''.
SEC. 102. <> TRADE NEGOTIATING OBJECTIVES.
(a) Overall Trade Negotiating Objectives.--The overall trade
negotiating objectives of the United States for agreements subject to
the provisions of section 103 are--
(1) to obtain more open, equitable, and reciprocal market
access;
(2) to obtain the reduction or elimination of barriers and
distortions that are directly related to trade and investment
and that decrease market opportunities for United States exports
or otherwise distort United States trade;
(3) to further strengthen the system of international trade
and investment disciplines and procedures, including dispute
settlement;
(4) to foster economic growth, raise living standards,
enhance the competitiveness of the United States, promote full
employment in the United States, and enhance the global economy;
(5) to ensure that trade and environmental policies are
mutually supportive and to seek to protect and preserve the
environment and enhance the international means of doing so,
while optimizing the use of the world's resources;
(6) to promote respect for worker rights and the rights of
children consistent with core labor standards of the ILO (as set
out in section 111(7)) and an understanding of the relationship
between trade and worker rights;
(7) to seek provisions in trade agreements under which
parties to those agreements ensure that they do not weaken or
reduce the protections afforded in domestic environmental and
labor laws as an encouragement for trade;
(8) to ensure that trade agreements afford small businesses
equal access to international markets, equitable trade benefits,
and expanded export market opportunities, and provide for the
reduction or elimination of trade and investment barriers that
disproportionately impact small businesses;
(9) to promote universal ratification and full compliance
with ILO Convention No. 182 Concerning the Prohibition and
Immediate Action for the Elimination of the Worst Forms of Child
Labor;
(10) to ensure that trade agreements reflect and facilitate
the increasingly interrelated, multi-sectoral nature of trade
and investment activity;
(11) to recognize the growing significance of the Internet
as a trading platform in international commerce;
(12) to take into account other legitimate United States
domestic objectives, including, but not limited to, the
protection of legitimate health or safety, essential security,
and consumer interests and the law and regulations related
thereto; and
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(13) to take into account conditions relating to religious
freedom of any party to negotiations for a trade agreement with
the United States.
(b) Principal Trade Negotiating Objectives.--
(1) Trade in goods.--The principal negotiating objectives of
the United States regarding trade in goods are--
(A) to expand competitive market opportunities for
exports of goods from the United States and to obtain
fairer and more open conditions of trade, including
through the utilization of global value chains, by
reducing or eliminating tariff and nontariff barriers
and policies and practices of foreign governments
directly related to trade that decrease market
opportunities for United States exports or otherwise
distort United States trade; and
(B) to obtain reciprocal tariff and nontariff
barrier elimination agreements, including with respect
to those tariff categories covered in section 111(b) of
the Uruguay Round Agreements Act (19 U.S.C. 3521(b)).
(2) Trade in services.--(A) The principal negotiating
objective of the United States regarding trade in services is to
expand competitive market opportunities for United States
services and to obtain fairer and more open conditions of trade,
including through utilization of global value chains, by
reducing or eliminating barriers to international trade in
services, such as regulatory and other barriers that deny
national treatment and market access or unreasonably restrict
the establishment or operations of service suppliers.
(B) Recognizing that expansion of trade in services
generates benefits for all sectors of the economy and
facilitates trade, the objective described in subparagraph (A)
should be pursued through all means, including through a
plurilateral agreement with those countries willing and able to
undertake high standard services commitments for both existing
and new services.
(3) Trade in agriculture.--The principal negotiating
objective of the United States with respect to agriculture is to
obtain competitive opportunities for United States exports of
agricultural commodities in foreign markets substantially
equivalent to the competitive opportunities afforded foreign
exports in United States markets and to achieve fairer and more
open conditions of trade in bulk, specialty crop, and value
added commodities by--
(A) securing more open and equitable market access
through robust rules on sanitary and phytosanitary
measures that--
(i) encourage the adoption of international
standards and require a science-based
justification be provided for a sanitary or
phytosanitary measure if the measure is more
restrictive than the applicable international
standard;
(ii) improve regulatory coherence, promote the
use of systems-based approaches, and appropriately
recognize the equivalence of health and safety
protection systems of exporting countries;
(iii) require that measures are transparently
developed and implemented, are based on risk
assessments that take into account relevant
international guidelines
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and scientific data, and are not more restrictive
on trade than necessary to meet the intended
purpose; and
(iv) improve import check processes, including
testing methodologies and procedures, and
certification requirements,
while recognizing that countries may put in place
measures to protect human, animal, or plant life or
health in a manner consistent with their international
obligations, including the WTO Agreement on the
Application of Sanitary and Phytosanitary Measures
(referred to in section 101(d)(3) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(3)));
(B) reducing or eliminating, by a date certain,
tariffs or other charges that decrease market
opportunities for United States exports--
(i) giving priority to those products that are
subject to significantly higher tariffs or subsidy
regimes of major producing countries; and
(ii) providing reasonable adjustment periods
for United States import sensitive products, in
close consultation with Congress on such products
before initiating tariff reduction negotiations;
(C) reducing tariffs to levels that are the same as
or lower than those in the United States;
(D) reducing or eliminating subsidies that decrease
market opportunities for United States exports or
unfairly distort agriculture markets to the detriment of
the United States;
(E) allowing the preservation of programs that
support family farms and rural communities but do not
distort trade;
(F) developing disciplines for domestic support
programs, so that production that is in excess of
domestic food security needs is sold at world prices;
(G) eliminating government policies that create
price depressing surpluses;
(H) eliminating state trading enterprises whenever
possible;
(I) developing, strengthening, and clarifying rules
to eliminate practices that unfairly decrease United
States market access opportunities or distort
agricultural markets to the detriment of the United
States, and ensuring that such rules are subject to
efficient, timely, and effective dispute settlement,
including--
(i) unfair or trade distorting activities of
state trading enterprises and other administrative
mechanisms, with emphasis on requiring price
transparency in the operation of state trading
enterprises and such other mechanisms in order to
end cross subsidization, price discrimination, and
price undercutting;
(ii) unjustified trade restrictions or
commercial requirements, such as labeling, that
affect new technologies, including biotechnology;
(iii) unjustified sanitary or phytosanitary
restrictions, including restrictions not based on
scientific principles in contravention of
obligations in the Uruguay
[[Page 323]]
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.
[[Page 324]]
(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--
[[Page 325]]
(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
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(ii) the classification of such goods and
services ensures the most liberal trade treatment
possible, fully encompassing both existing and new
trade;
(C) to ensure that governments refrain from
implementing trade-related measures that impede digital
trade in goods and services, restrict cross-border data
flows, or require local storage or processing of data;
(D) with respect to subparagraphs (A) through (C),
where legitimate policy objectives require domestic
regulations that affect digital trade in goods and
services or cross-border data flows, to obtain
commitments that any such regulations are the least
restrictive on trade, nondiscriminatory, and
transparent, and promote an open market environment; and
(E) to extend the moratorium of the World Trade
Organization on duties on electronic transmissions.
(7) Regulatory practices.--The principal negotiating
objectives of the United States regarding the use of government
regulation or other practices to reduce market access for United
States goods, services, and investments are--
(A) to achieve increased transparency and
opportunity for the participation of affected parties in
the development of regulations;
(B) to require that proposed regulations be based on
sound science, cost benefit analysis, risk assessment,
or other objective evidence;
(C) to establish consultative mechanisms and seek
other commitments, as appropriate, to improve regulatory
practices and promote increased regulatory coherence,
including through--
(i) transparency in developing guidelines,
rules, regulations, and laws for government
procurement and other regulatory regimes;
(ii) the elimination of redundancies in
testing and certification;
(iii) early consultations on significant
regulations;
(iv) the use of impact assessments;
(v) the periodic review of existing regulatory
measures; and
(vi) the application of good regulatory
practices;
(D) to seek greater openness, transparency, and
convergence of standards development processes, and
enhance cooperation on standards issues globally;
(E) to promote regulatory compatibility through
harmonization, equivalence, or mutual recognition of
different regulations and standards and to encourage the
use of international and interoperable standards, as
appropriate;
(F) to achieve the elimination of government
measures such as price controls and reference pricing
which deny full market access for United States
products;
(G) to ensure that government regulatory
reimbursement regimes are transparent, provide
procedural fairness, are nondiscriminatory, and provide
full market access for United States products; and
(H) to ensure that foreign governments--
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(i) demonstrate that the collection of
undisclosed proprietary information is limited to
that necessary to satisfy a legitimate and
justifiable regulatory interest; and
(ii) protect such information against
disclosure, except in exceptional circumstances to
protect the public, or where such information is
effectively protected against unfair competition.
(8) State-owned and state-controlled enterprises.--The
principal negotiating objective of the United States regarding
competition by state-owned and state-controlled enterprises is
to seek commitments that--
(A) eliminate or prevent trade distortions and
unfair competition favoring state-owned and state-
controlled enterprises to the extent of their engagement
in commercial activity, and
(B) ensure that such engagement is based solely on
commercial considerations,
in particular through disciplines that eliminate or prevent
discrimination and market-distorting subsidies and that promote
transparency.
(9) Localization barriers to trade.--The principal
negotiating objective of the United States with respect to
localization barriers is to eliminate and prevent measures that
require United States producers and service providers to locate
facilities, intellectual property, or other assets in a country
as a market access or investment condition, including indigenous
innovation measures.
(10) Labor and the environment.--The principal negotiating
objectives of the United States with respect to labor and the
environment are--
(A) to ensure that a party to a trade agreement with
the United States--
(i) adopts and maintains measures implementing
internationally recognized core labor standards
(as defined in section 111(17)) and its
obligations under common multilateral
environmental agreements (as defined in section
111(6)),
(ii) does not waive or otherwise derogate
from, or offer to waive or otherwise derogate
from--
(I) its statutes or regulations
implementing internationally recognized
core labor standards (as defined in
section 111(17)), in a manner affecting
trade or investment between the United
States and that party, where the waiver
or derogation would be inconsistent with
one or more such standards, or
(II) its environmental laws in a
manner that weakens or reduces the
protections afforded in those laws and
in a manner affecting trade or
investment between the United States and
that party, except as provided in its
law and provided not inconsistent with
its obligations under common
multilateral environmental agreements
(as defined in section 111(6)) or other
provisions of the trade agreement
specifically agreed upon, and
[[Page 328]]
(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
[[Page 329]]
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--
[[Page 330]]
(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;
[[Page 331]]
(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:
[[Page 332]]
(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
[[Page 333]]
(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,
[[Page 334]]
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--
[[Page 335]]
(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
[[Page 336]]
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,
[[Page 337]]
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;
[[Page 338]]
(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.
[[Page 339]]
(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
[[Page 340]]
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
[[Page 341]]
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.
[[Page 342]]
(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
[[Page 343]]
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
[[Page 344]]
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.
[[Page 345]]
(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.
[[Page 346]]
(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;
[[Page 347]]
(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.
[[Page 348]]
(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
[[Page 349]]
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
[[Page 350]]
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.--
[[Page 351]]
(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
[[Page 352]]
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
[[Page 353]]
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--
[[Page 354]]
(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
[[Page 355]]
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
[[Page 356]]
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).
[[Page 357]]
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
[[Page 358]]
(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
[[Page 359]]
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
[[Page 360]]
(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
[[Page 361]]
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)).
Approved June 29, 2015.
LEGISLATIVE HISTORY--H.R. 2146:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 161 (2015):
May 12, considered and passed House.
June 4, considered and passed Senate, amended.
June 18, House concurred in Senate amendment with an
amendment. Senate considered concurring in House
amendment.
June 23, 24, Senate considered and concurred in House
amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2015):
June 29, Presidential remarks.