Bipartisan Congressional Trade Priorities and Accountability Act of 2015
(Sec. 2) Declares the overall trade negotiating objectives of the United States with respect to any agreement with a foreign country to reduce or eliminate existing tariffs or nontariff barriers of that country or the United States that are unduly burdening and restricting U.S. trade. Includes among such objectives:
Declares the principal trade negotiating objectives of the United States with respect to:
Directs the President, in order to maintain U.S. competitiveness in the global economy, to engage in specified capacity building activities with respect to foreign countries that seek to enter into trade agreements with the United States.
(Sec. 3) Authorizes the President to enter into trade agreements with foreign countries for the reduction or elimination of tariff or nontariff barriers before July 1, 2018, or before July 1, 2021, if trade authorities procedures are extended to implementing bills (congressional approval) with respect to such agreements.
Authorizes the President to proclaim necessary or appropriate modifications or continuation of any existing duty, continuation of existing duty-free or excise treatment, or additional duties to carry out any such agreement.
(Sec. 4) Subjects trade agreements to congressional oversight and approval, consultations, and access to information requirements.
Requires the convening each Congress of the House and the Senate Advisory Groups on Negotiations to consult with and advise the United States Trade Representative (USTR) 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.
Amends the Trade Act of 1974 to establish within the Office of the USTR the position of Chief Transparency Officer to consult with Congress on transparency policy, coordinate transparency in trade negotiations, engage and assist the public, and advise the USTR on transparency policy.
(Sec. 5) Specifies presidential notifications, consultations, reports, and other actions and their deadlines that must take place for any trade agreement to enter into force.
Specifies requirements for negotiations regarding agriculture, the fishing industry, and textiles.
(Sec. 6) Prescribes procedures for resolutions of disapproval in the House and the Senate before the President enters into any trade agreement.
Declares that trade authorities procedures shall not apply to any implementing bill submitted with respect to a trade agreement entered into if both chambers of Congress agree by a certain deadline to a procedural disapproval resolution for lack of notice or consultations.
(Sec. 7) Prescribes requirements for the treatment of trade agreements entered into under the auspices of the WTO or with the Trans-Pacific Partnership countries or the European Union which result from negotiations commenced before enactment of this Act.
(Sec. 8) Declares that any provision of a trade agreement that is inconsistent with any U.S. laws shall be null and void.
(Sec. 9) Expresses the sense of Congress that the USTR should facilitate participation of small businesses in the trade negotiation process.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1890 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 1890
To establish congressional trade negotiating objectives and enhanced
consultation requirements for trade negotiations, to provide for
consideration of trade agreements, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2015
Mr. Ryan of Wisconsin (for himself, Mr. Sessions, Mr. Tiberi, and Mr.
Cuellar) introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committees on Rules
and the Budget, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish congressional trade negotiating objectives and enhanced
consultation requirements for trade negotiations, to provide for
consideration of trade agreements, and for other purposes.
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 ``Bipartisan Congressional Trade
Priorities and Accountability Act of 2015''.
SEC. 2. 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 3 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 11(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 ensure 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 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;
(12) to recognize the growing significance of the Internet
as a trading platform in international commerce; and
(13) 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.
(b) Principal Trade Negotiating Objectives.--
(1) Trade in goods.--The principal negotiating objectives
of the United States regarding trade in goods are--
(A) to expand competitive market opportunities for
exports of goods from the United States and to obtain
fairer and more open conditions of trade, including
through the utilization of global value chains, by
reducing or eliminating tariff and nontariff barriers
and policies and practices of foreign governments
directly related to trade that decrease market
opportunities for United States exports or otherwise
distort United States trade; and
(B) to obtain reciprocal tariff and nontariff
barrier elimination agreements, including with respect
to those tariff categories covered in section 111(b) of
the Uruguay Round Agreements Act (19 U.S.C. 3521(b)).
(2) Trade in services.--(A) The principal negotiating
objective of the United States regarding trade in services is
to expand competitive market opportunities for United States
services and to obtain fairer and more open conditions of
trade, including through utilization of global value chains, by
reducing or eliminating barriers to international trade in
services, such as regulatory and other barriers that deny
national treatment and market access or unreasonably restrict
the establishment or operations of service suppliers.
(B) Recognizing that expansion of trade in services
generates benefits for all sectors of the economy and
facilitates trade, the objective described in subparagraph (A)
should be pursued through all means, including through a
plurilateral agreement with those countries willing and able to
undertake high standard services commitments for both existing
and new services.
(3) Trade in agriculture.--The principal negotiating
objective of the United States with respect to agriculture is
to obtain competitive opportunities for United States exports
of agricultural commodities in foreign markets substantially
equivalent to the competitive opportunities afforded foreign
exports in United States markets and to achieve fairer and more
open conditions of trade in bulk, specialty crop, and value
added commodities by--
(A) securing more open and equitable market access
through robust rules on sanitary and phytosanitary
measures that--
(i) encourage the adoption of international
standards and require a science-based
justification be provided for a sanitary or
phytosanitary measure if the measure is more
restrictive than the applicable international
standard;
(ii) improve regulatory coherence, promote
the use of systems-based approaches, and
appropriately recognize the equivalence of
health and safety protection systems of
exporting countries;
(iii) require that measures are
transparently developed and implemented, are
based on risk assessments that take into
account relevant international guidelines and
scientific data, and are not more restrictive
on trade than necessary to meet the intended
purpose; and
(iv) improve import check processes,
including testing methodologies and procedures,
and certification requirements,
while recognizing that countries may put in place
measures to protect human, animal, or plant life or
health in a manner consistent with their international
obligations, including the WTO Agreement on the
Application of Sanitary and Phytosanitary Measures
(referred to in section 101(d)(3) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(3)));
(B) reducing or eliminating, by a date certain,
tariffs or other charges that decrease market
opportunities for United States exports--
(i) giving priority to those products that
are subject to significantly higher tariffs or
subsidy regimes of major producing countries;
and
(ii) providing reasonable adjustment
periods for United States import sensitive
products, in close consultation with Congress
on such products before initiating tariff
reduction negotiations;
(C) reducing tariffs to levels that are the same as
or lower than those in the United States;
(D) reducing or eliminating subsidies that decrease
market opportunities for United States exports or
unfairly distort agriculture markets to the detriment
of the United States;
(E) allowing the preservation of programs that
support family farms and rural communities but do not
distort trade;
(F) developing disciplines for domestic support
programs, so that production that is in excess of
domestic food security needs is sold at world prices;
(G) eliminating government policies that create
price depressing surpluses;
(H) eliminating state trading enterprises whenever
possible;
(I) developing, strengthening, and clarifying rules
to eliminate practices that unfairly decrease United
States market access opportunities or distort
agricultural markets to the detriment of the United
States, and ensuring that such rules are subject to
efficient, timely, and effective dispute settlement,
including--
(i) unfair or trade distorting activities
of state trading enterprises and other
administrative mechanisms, with emphasis on
requiring price transparency in the operation
of state trading enterprises and such other
mechanisms in order to end cross subsidization,
price discrimination, and price undercutting;
(ii) unjustified trade restrictions or
commercial requirements, such as labeling, that
affect new technologies, including
biotechnology;
(iii) unjustified sanitary or phytosanitary
restrictions, including restrictions not based
on scientific principles in contravention of
obligations in the Uruguay Round Agreements or
bilateral or regional trade agreements;
(iv) other unjustified technical barriers
to trade; and
(v) restrictive rules in the administration
of tariff rate quotas;
(J) eliminating practices that adversely affect
trade in perishable or cyclical products, while
improving import relief mechanisms to recognize the
unique characteristics of perishable and cyclical
agriculture;
(K) ensuring that import relief mechanisms for
perishable and cyclical agriculture are as accessible
and timely to growers in the United States as those
mechanisms that are used by other countries;
(L) taking into account whether a party to the
negotiations has failed to adhere to the provisions of
already existing trade agreements with the United
States or has circumvented obligations under those
agreements;
(M) taking into account whether a product is
subject to market distortions by reason of a failure of
a major producing country to adhere to the provisions
of already existing trade agreements with the United
States or by the circumvention by that country of its
obligations under those agreements;
(N) otherwise ensuring that countries that accede
to the World Trade Organization have made meaningful
market liberalization commitments in agriculture;
(O) taking into account the impact that agreements
covering agriculture to which the United States is a
party have on the United States agricultural industry;
(P) maintaining bona fide food assistance programs,
market development programs, and export credit
programs;
(Q) seeking to secure the broadest market access
possible in multilateral, regional, and bilateral
negotiations, recognizing the effect that simultaneous
sets of negotiations may have on United States import
sensitive commodities (including those subject to
tariff rate quotas);
(R) seeking to develop an international consensus
on the treatment of seasonal or perishable agricultural
products in investigations relating to dumping and
safeguards and in any other relevant area;
(S) seeking to establish the common base year for
calculating the Aggregated Measurement of Support (as
defined in the Agreement on Agriculture) as the end of
each country's Uruguay Round implementation period, as
reported in each country's Uruguay Round market access
schedule;
(T) ensuring transparency in the administration of
tariff rate quotas through multilateral, plurilateral,
and bilateral negotiations; and
(U) eliminating and preventing the undermining of
market access for United States products through
improper use of a country's system for protecting or
recognizing geographical indications, including failing
to ensure transparency and procedural fairness and
protecting generic terms.
(4) Foreign investment.--Recognizing that United States law
on the whole provides a high level of protection for
investment, consistent with or greater than the level required
by international law, the principal negotiating objectives of
the United States regarding foreign investment are to reduce or
eliminate artificial or trade distorting barriers to foreign
investment, while ensuring that foreign investors in the United
States are not accorded greater substantive rights with respect
to investment protections than United States investors in the
United States, and to secure for investors important rights
comparable to those that would be available under United States
legal principles and practice, by--
(A) reducing or eliminating exceptions to the
principle of national treatment;
(B) freeing the transfer of funds relating to
investments;
(C) reducing or eliminating performance
requirements, forced technology transfers, and other
unreasonable barriers to the establishment and
operation of investments;
(D) seeking to establish standards for
expropriation and compensation for expropriation,
consistent with United States legal principles and
practice;
(E) seeking to establish standards for fair and
equitable treatment, consistent with United States
legal principles and practice, including the principle
of due process;
(F) providing meaningful procedures for resolving
investment disputes;
(G) seeking to improve mechanisms used to resolve
disputes between an investor and a government through--
(i) mechanisms to eliminate frivolous
claims and to deter the filing of frivolous
claims;
(ii) procedures to ensure the efficient
selection of arbitrators and the expeditious
disposition of claims;
(iii) procedures to enhance opportunities
for public input into the formulation of
government positions; and
(iv) providing for an appellate body or
similar mechanism to provide coherence to the
interpretations of investment provisions in
trade agreements; and
(H) ensuring the fullest measure of transparency in
the dispute settlement mechanism, to the extent
consistent with the need to protect information that is
classified or business confidential, by--
(i) ensuring that all requests for dispute
settlement are promptly made public;
(ii) ensuring that--
(I) all proceedings, submissions,
findings, and decisions are promptly
made public; and
(II) all hearings are open to the
public; and
(iii) establishing a mechanism for
acceptance of amicus curiae submissions from
businesses, unions, and nongovernmental
organizations.
(5) Intellectual property.--The principal negotiating
objectives of the United States regarding trade-related
intellectual property are--
(A) to further promote adequate and effective
protection of intellectual property rights, including
through--
(i)(I) ensuring accelerated and full
implementation of the Agreement on Trade-
Related Aspects of Intellectual Property Rights
referred to in section 101(d)(15) of the
Uruguay Round Agreements Act (19 U.S.C.
3511(d)(15)), particularly with respect to
meeting enforcement obligations under that
agreement; and
(II) ensuring that the provisions of any
trade agreement governing intellectual property
rights that is entered into by the United
States reflect a standard of protection similar
to that found in United States law;
(ii) providing strong protection for new
and emerging technologies and new methods of
transmitting and distributing products
embodying intellectual property, including in a
manner that facilitates legitimate digital
trade;
(iii) preventing or eliminating
discrimination with respect to matters
affecting the availability, acquisition, scope,
maintenance, use, and enforcement of
intellectual property rights;
(iv) ensuring that standards of protection
and enforcement keep pace with technological
developments, and in particular ensuring that
rightholders have the legal and technological
means to control the use of their works through
the Internet and other global communication
media, and to prevent the unauthorized use of
their works;
(v) providing strong enforcement of
intellectual property rights, including through
accessible, expeditious, and effective civil,
administrative, and criminal enforcement
mechanisms; and
(vi) preventing or eliminating government
involvement in the violation of intellectual
property rights, including cyber theft and
piracy;
(B) to secure fair, equitable, and
nondiscriminatory market access opportunities for
United States persons that rely upon intellectual
property protection; and
(C) to respect the Declaration on the TRIPS
Agreement and Public Health, adopted by the World Trade
Organization at the Fourth Ministerial Conference at
Doha, Qatar on November 14, 2001, and to ensure that
trade agreements foster innovation and promote access
to medicines.
(6) Digital trade in goods and services and cross-border
data flows.--The principal negotiating objectives of the United
States with respect to digital trade in goods and services, as
well as cross-border data flows, are--
(A) to ensure that current obligations, rules,
disciplines, and commitments under the World Trade
Organization and bilateral and regional trade
agreements apply to digital trade in goods and services
and to cross-border data flows;
(B) to ensure that--
(i) electronically delivered goods and
services receive no less favorable treatment
under trade rules and commitments than like
products delivered in physical form; and
(ii) the classification of such goods and
services ensures the most liberal trade
treatment possible, fully encompassing both
existing and new trade;
(C) to ensure that governments refrain from
implementing trade-related measures that impede digital
trade in goods and services, restrict cross-border data
flows, or require local storage or processing of data;
(D) with respect to subparagraphs (A) through (C),
where legitimate policy objectives require domestic
regulations that affect digital trade in goods and
services or cross-border data flows, to obtain
commitments that any such regulations are the least
restrictive on trade, nondiscriminatory, and
transparent, and promote an open market environment;
and
(E) to extend the moratorium of the World Trade
Organization on duties on electronic transmissions.
(7) Regulatory practices.--The principal negotiating
objectives of the United States regarding the use of government
regulation or other practices to reduce market access for
United States goods, services, and investments are--
(A) to achieve increased transparency and
opportunity for the participation of affected parties
in the development of regulations;
(B) to require that proposed regulations be based
on sound science, cost benefit analysis, risk
assessment, or other objective evidence;
(C) to establish consultative mechanisms and seek
other commitments, as appropriate, to improve
regulatory practices and promote increased regulatory
coherence, including through--
(i) transparency in developing guidelines,
rules, regulations, and laws for government
procurement and other regulatory regimes;
(ii) the elimination of redundancies in
testing and certification;
(iii) early consultations on significant
regulations;
(iv) the use of impact assessments;
(v) the periodic review of existing
regulatory measures; and
(vi) the application of good regulatory
practices;
(D) to seek greater openness, transparency, and
convergence of standards development processes, and
enhance cooperation on standards issues globally;
(E) to promote regulatory compatibility through
harmonization, equivalence, or mutual recognition of
different regulations and standards and to encourage
the use of international and interoperable standards,
as appropriate;
(F) to achieve the elimination of government
measures such as price controls and reference pricing
which deny full market access for United States
products;
(G) to ensure that government regulatory
reimbursement regimes are transparent, provide
procedural fairness, are nondiscriminatory, and provide
full market access for United States products; and
(H) to ensure that foreign governments--
(i) demonstrate that the collection of
undisclosed proprietary information is limited
to that necessary to satisfy a legitimate and
justifiable regulatory interest; and
(ii) protect such information against
disclosure, except in exceptional circumstances
to protect the public, or where such
information is effectively protected against
unfair competition.
(8) State-owned and state-controlled enterprises.--The
principal negotiating objective of the United States regarding
competition by state-owned and state-controlled enterprises is
to seek commitments that--
(A) eliminate or prevent trade distortions and
unfair competition favoring state-owned and state-
controlled enterprises to the extent of their
engagement in commercial activity, and
(B) ensure that such engagement is based solely on
commercial considerations,
in particular through disciplines that eliminate or prevent
discrimination and market-distorting subsidies and that promote
transparency.
(9) Localization barriers to trade.--The principal
negotiating objective of the United States with respect to
localization barriers is to eliminate and prevent measures that
require United States producers and service providers to locate
facilities, intellectual property, or other assets in a country
as a market access or investment condition, including
indigenous innovation measures.
(10) Labor and the environment.--The principal negotiating
objectives of the United States with respect to labor and the
environment are--
(A) to ensure that a party to a trade agreement
with the United States--
(i) adopts and maintains measures
implementing internationally recognized core
labor standards (as defined in section 11(17))
and its obligations under common multilateral
environmental agreements (as defined in section
11(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 11(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 11(6)) or other
provisions of the trade agreement
specifically agreed upon, and
(iii) does not fail to effectively enforce
its environmental or labor laws, through a
sustained or recurring course of action or
inaction,
in a manner affecting trade or investment between the
United States and that party after entry into force of
a trade agreement between those countries;
(B) to recognize that--
(i) with respect to environment, parties to
a trade agreement retain the right to exercise
prosecutorial discretion and to make decisions
regarding the allocation of enforcement
resources with respect to other environmental
laws determined to have higher priorities, and
a party is effectively enforcing its laws if a
course of action or inaction reflects a
reasonable, bona fide exercise of such
discretion, or results from a reasonable, bona
fide decision regarding the allocation of
resources; and
(ii) with respect to labor, decisions
regarding the distribution of enforcement
resources are not a reason for not complying
with a party's labor obligations; a party to a
trade agreement retains the right to reasonable
exercise of discretion and to make bona fide
decisions regarding the allocation of resources
between labor enforcement activities among core
labor standards, provided the exercise of such
discretion and such decisions are not
inconsistent with its obligations;
(C) to strengthen the capacity of United States
trading partners to promote respect for core labor
standards (as defined in section 11(7));
(D) to strengthen the capacity of United States
trading partners to protect the environment through the
promotion of sustainable development;
(E) to reduce or eliminate government practices or
policies that unduly threaten sustainable development;
(F) to seek market access, through the elimination
of tariffs and nontariff barriers, for United States
environmental technologies, goods, and services;
(G) to ensure that labor, environmental, health, or
safety policies and practices of the parties to trade
agreements with the United States do not arbitrarily or
unjustifiably discriminate against United States
exports or serve as disguised barriers to trade;
(H) to ensure that enforceable labor and
environment obligations are subject to the same dispute
settlement and remedies as other enforceable
obligations under the agreement; and
(I) to ensure that a trade agreement is not
construed to empower a party's authorities to undertake
labor or environmental law enforcement activities in
the territory of the United States.
(11) Currency.--The principal negotiating objective of the
United States with respect to currency practices is that
parties to a trade agreement with the United States avoid
manipulating exchange rates in order to prevent effective
balance of payments adjustment or to gain an unfair competitive
advantage over other parties to the agreement, such as through
cooperative mechanisms, enforceable rules, reporting,
monitoring, transparency, or other means, as appropriate.
(12) 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.
(13) Trade institution transparency.--The principal
negotiating objective of the United States with respect to
transparency is to obtain wider and broader application of the
principle of transparency in the World Trade Organization,
entities established under bilateral and regional trade
agreements, and other international trade fora through
seeking--
(A) timely public access to information regarding
trade issues and the activities of such institutions;
(B) openness by ensuring public access to
appropriate meetings, proceedings, and submissions,
including with regard to trade and investment dispute
settlement; and
(C) public access to all notifications and
supporting documentation submitted by WTO members.
(14) 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'').
(15) Dispute settlement and enforcement.--The principal
negotiating objectives of the United States with respect to
dispute settlement and enforcement of trade agreements are--
(A) to seek provisions in trade agreements
providing for resolution of disputes between
governments under those trade agreements in an
effective, timely, transparent, equitable, and reasoned
manner, requiring determinations based on facts and the
principles of the agreements, with the goal of
increasing compliance with the agreements;
(B) to seek to strengthen the capacity of the Trade
Policy Review Mechanism of the World Trade Organization
to review compliance with commitments;
(C) to seek adherence by panels convened under the
Dispute Settlement Understanding and by the Appellate
Body to--
(i) the mandate of those panels and the
Appellate Body to apply the WTO Agreement as
written, without adding to or diminishing
rights and obligations under the Agreement; and
(ii) the standard of review applicable
under the Uruguay Round Agreement involved in
the dispute, including greater deference, where
appropriate, to the fact finding and technical
expertise of national investigating
authorities;
(D) to seek provisions encouraging the early
identification and settlement of disputes through
consultation;
(E) to seek provisions to encourage the provision
of trade-expanding compensation if a party to a dispute
under the agreement does not come into compliance with
its obligations under the agreement;
(F) to seek provisions to impose a penalty upon a
party to a dispute under the agreement that--
(i) encourages compliance with the
obligations of the agreement;
(ii) is appropriate to the parties, nature,
subject matter, and scope of the violation; and
(iii) has the aim of not adversely
affecting parties or interests not party to the
dispute while maintaining the effectiveness of
the enforcement mechanism; and
(G) to seek provisions that treat United States
principal negotiating objectives equally with respect
to--
(i) the ability to resort to dispute
settlement under the applicable agreement;
(ii) the availability of equivalent dispute
settlement procedures; and
(iii) the availability of equivalent
remedies.
(16) 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.
(17) 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.
(18) 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.
(c) Capacity Building and Other Priorities.--In order to address
and maintain United States competitiveness in the global economy, the
President shall--
(1) direct the heads of relevant Federal agencies--
(A) to work to strengthen the capacity of United
States trading partners to carry out obligations under
trade agreements by consulting with any country seeking
a trade agreement with the United States concerning
that country's laws relating to customs and trade
facilitation, sanitary and phytosanitary measures,
technical barriers to trade, intellectual property
rights, labor, and the environment; and
(B) to provide technical assistance to that country
if needed;
(2) seek to establish consultative mechanisms among parties
to trade agreements to strengthen the capacity of United States
trading partners to develop and implement standards for the
protection of the environment and human health based on sound
science;
(3) promote consideration of multilateral environmental
agreements and consult with parties to such agreements
regarding the consistency of any such agreement that includes
trade measures with existing environmental exceptions under
Article XX of GATT 1994; and
(4) submit to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate
an annual report on capacity-building activities undertaken in
connection with trade agreements negotiated or being negotiated
pursuant to this Act.
SEC. 3. 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 Act 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 Act.
(2) Notification.--The President shall notify Congress of
the President's intention to enter into an agreement under this
subsection.
(3) Limitations.--No proclamation may be made under
paragraph (1) that--
(A) reduces any rate of duty (other than a rate of
duty that does not exceed 5 percent ad valorem on the
date of the enactment of this Act) to a rate of duty
which is less than 50 percent of the rate of such duty
that applies on such date of enactment;
(B) reduces the rate of duty below that applicable
under the Uruguay Round Agreements or a successor
agreement, on any import sensitive agricultural
product; or
(C) increases any rate of duty above the rate that
applied on the date of the enactment of this Act.
(4) Aggregate reduction; exemption from staging.--
(A) Aggregate reduction.--Except as provided in
subparagraph (B), the aggregate reduction in the rate
of duty on any article which is in effect on any day
pursuant to a trade agreement entered into under
paragraph (1) shall not exceed the aggregate reduction
which would have been in effect on such day if--
(i) a reduction of 3 percent ad valorem or
a reduction of \1/10\ of the total reduction,
whichever is greater, had taken effect on the
effective date of the first reduction
proclaimed under paragraph (1) to carry out
such agreement with respect to such article;
and
(ii) a reduction equal to the amount
applicable under clause (i) had taken effect at
1-year intervals after the effective date of
such first reduction.
(B) Exemption from staging.--No staging is required
under subparagraph (A) with respect to a duty reduction
that is proclaimed under paragraph (1) for an article
of a kind that is not produced in the United States.
The United States International Trade Commission shall
advise the President of the identity of articles that
may be exempted from staging under this subparagraph.
(5) Rounding.--If the President determines that such action
will simplify the computation of reductions under paragraph
(4), the President may round an annual reduction by an amount
equal to the lesser of--
(A) the difference between the reduction without
regard to this paragraph and the next lower whole
number; or
(B) \1/2\ of 1 percent ad valorem.
(6) Other limitations.--A rate of duty reduction that may
not be proclaimed by reason of paragraph (3) may take effect
only if a provision authorizing such reduction is included
within an implementing bill provided for under section 6 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 Act will be promoted thereby, the President may enter into
a trade agreement described in subparagraph (B) during the
period described in subparagraph (C).
(B) The President may enter into a trade agreement under
subparagraph (A) with foreign countries providing for--
(i) the reduction or elimination of a duty,
restriction, barrier, or other distortion described in
subparagraph (A); or
(ii) the prohibition of, or limitation on the
imposition of, such barrier or other distortion.
(C) The President may enter into a trade agreement under
this paragraph before--
(i) July 1, 2018; or
(ii) July 1, 2021, if trade authorities procedures
are extended under subsection (c).
Substantial modifications to, or substantial additional
provisions of, a trade agreement entered into after July 1,
2018, or July 1, 2021, if trade authorities procedures are
extended under subsection (c), shall not be eligible for
approval under this Act.
(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 2 and the President satisfies the conditions
set forth in sections 4 and 5.
(3) Bills qualifying for trade authorities procedures.--(A)
The provisions of section 151 of the Trade Act of 1974 (in this
Act 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
Act 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 6(b)--
(A) the trade authorities procedures apply to
implementing bills submitted with respect to trade
agreements entered into under subsection (b) before
July 1, 2018; and
(B) the trade authorities procedures shall be
extended to implementing bills submitted with respect
to trade agreements entered into under subsection (b)
after June 30, 2018, and before July 1, 2021, if (and
only if)--
(i) the President requests such extension
under paragraph (2); and
(ii) neither House of Congress adopts an
extension disapproval resolution under
paragraph (5) before July 1, 2018.
(2) Report to congress by the president.--If the President
is of the opinion that the trade authorities procedures should
be extended to implementing bills described in paragraph
(1)(B), the President shall submit to Congress, not later than
April 1, 2018, a written report that contains a request for
such extension, together with--
(A) a description of all trade agreements that have
been negotiated under subsection (b) and the
anticipated schedule for submitting such agreements to
Congress for approval;
(B) a description of the progress that has been
made in negotiations to achieve the purposes, policies,
priorities, and objectives of this Act, 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 Act; 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 3(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 3(b) of that Act after June 30,
2018.'', with the blank space being filled with the name of the
resolving House of Congress.
(B) Extension disapproval resolutions--
(i) may be introduced in either House of Congress
by any member of such House; and
(ii) shall be referred, in the House of
Representatives, to the Committee on Ways and Means
and, in addition, to the Committee on Rules.
(C) The provisions of subsections (d) and (e) of section
152 of the Trade Act of 1974 (19 U.S.C. 2192) (relating to the
floor consideration of certain resolutions in the House and
Senate) apply to extension disapproval resolutions.
(D) It is not in order for--
(i) the House of Representatives to consider any
extension disapproval resolution not reported by the
Committee on Ways and Means and, in addition, by the
Committee on Rules;
(ii) the Senate to consider any extension
disapproval resolution not reported by the Committee on
Finance; or
(iii) either House of Congress to consider an
extension disapproval resolution after June 30, 2018.
(d) Commencement of Negotiations.--In order to contribute to the
continued economic expansion of the United States, the President shall
commence negotiations covering tariff and nontariff barriers affecting
any industry, product, or service sector, and expand existing sectoral
agreements to countries that are not parties to those agreements, in
cases where the President determines that such negotiations are
feasible and timely and would benefit the United States. Such sectors
include agriculture, commercial services, intellectual property rights,
industrial and capital goods, government procurement, information
technology products, environmental technology and services, medical
equipment and services, civil aircraft, and infrastructure products. In
so doing, the President shall take into account all of the negotiating
objectives set forth in section 2.
SEC. 4. 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 Act, the United States Trade
Representative shall--
(A) meet upon request with any Member of Congress
regarding negotiating objectives, the status of
negotiations in progress, and the nature of any changes
in the laws of the United States or the administration
of those laws that may be recommended to Congress to
carry out any trade agreement or any requirement of,
amendment to, or recommendation under, that agreement;
(B) upon request of any Member of Congress, provide
access to pertinent documents relating to the
negotiations, including classified materials;
(C) consult closely and on a timely basis with, and
keep fully apprised of the negotiations, the Committee
on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate;
(D) consult closely and on a timely basis with, and
keep fully apprised of the negotiations, the House
Advisory Group on Negotiations and the Senate Advisory
Group on Negotiations convened under subsection (c) and
all committees of the House of Representatives and the
Senate with jurisdiction over laws that could be
affected by a trade agreement resulting from the
negotiations; and
(E) with regard to any negotiations and agreement
relating to agricultural trade, also consult closely
and on a timely basis (including immediately before
initialing an agreement) with, and keep fully apprised
of the negotiations, the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
(2) Consultations prior to entry into force.--Prior to
exchanging notes providing for the entry into force of a trade
agreement, the United States Trade Representative shall consult
closely and on a timely basis with Members of Congress and
committees as specified in paragraph (1), and keep them fully
apprised of the measures a trading partner has taken to comply
with those provisions of the agreement that are to take effect
on the date that the agreement enters into force.
(3) Enhanced coordination with congress.--
(A) Written guidelines.--The United States Trade
Representative, in consultation with the chairmen and
the ranking members of the Committee on Ways and Means
of the House of Representatives and the Committee on
Finance of the Senate, respectively--
(i) shall, not later than 120 days after
the date of the enactment of this Act, develop
written guidelines on enhanced coordination
with Congress, including coordination with
designated congressional advisers under
subsection (b), regarding negotiations
conducted under this Act; 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 Act, and the
nature of any changes in the laws of the United
States or the administration of those laws that
may be recommended to Congress to carry out any
trade agreement or any requirement of,
amendment to, or recommendation under, that
agreement; and
(ii) the sharing of detailed and timely
information with Members of Congress, and their
staff with proper security clearances as
appropriate, regarding those negotiations and
pertinent documents related to those
negotiations (including classified
information), and with committee staff with
proper security clearances as would be
appropriate in the light of the
responsibilities of that committee over the
trade agreements programs affected by those
negotiations.
(C) Dissemination.--The United States Trade
Representative shall disseminate the guidelines
developed under subparagraph (A) to all Federal
agencies that could have jurisdiction over laws
affected by trade negotiations.
(b) Designated Congressional Advisers.--
(1) Designation.--
(A) House of representatives.--In each Congress,
any Member of the House of Representatives may be
designated as a congressional adviser on trade policy
and negotiations by the Speaker of the House of
Representatives, after consulting with the chairman and
ranking member of the Committee on Ways and Means and
the chairman and ranking member of the committee from
which the Member will be selected.
(B) Senate.--In each Congress, any Member of the
Senate may be designated as a congressional adviser on
trade policy and negotiations by the President pro
tempore of the Senate, after consultation with the
chairman and ranking member of the Committee on Finance
and the chairman and ranking member of the committee
from which the Member will be selected.
(2) Consultations with designated congressional advisers.--
In the course of negotiations conducted under this Act, the
United States Trade Representative shall consult closely and on
a timely basis (including immediately before initialing an
agreement) with, and keep fully apprised of the negotiations,
the congressional advisers for trade policy and negotiations
designated under paragraph (1).
(3) Accreditation.--Each Member of Congress designated as a
congressional adviser under paragraph (1) shall be accredited
by the United States Trade Representative on behalf of the
President as an official adviser to the United States
delegations to international conferences, meetings, and
negotiating sessions relating to trade agreements.
(c) Congressional Advisory Groups on Negotiations.--
(1) In general.--By not later than 60 days after the date
of the enactment of this Act, and not later than 30 days after
the convening of each Congress, the chairman of the Committee
on Ways and Means of the House of Representatives shall convene
the House Advisory Group on Negotiations and the chairman of
the Committee on Finance of the Senate shall convene the Senate
Advisory Group on Negotiations (in this subsection referred to
collectively as the ``congressional advisory groups'').
(2) Members and functions.--
(A) Membership of the house advisory group on
negotiations.--In each Congress, the House Advisory
Group on Negotiations shall be comprised of the
following Members of the House of Representatives:
(i) The chairman and ranking member of the
Committee on Ways and Means, and 3 additional
members of such Committee (not more than 2 of
whom are members of the same political party).
(ii) The chairman and ranking member, or
their designees, of the committees of the House
of Representatives that would have, under the
Rules of the House of Representatives,
jurisdiction over provisions of law affected by
a trade agreement negotiation conducted at any
time during that Congress and to which this Act
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 Act 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 Act 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 Act applies.
(3) Guidelines.--
(A) Purpose and revision.--The United States Trade
Representative, in consultation with the chairmen and
the ranking members of the Committee on Ways and Means
of the House of Representatives and the Committee on
Finance of the Senate, respectively--
(i) shall, not later than 120 days after
the date of the enactment of this Act, develop
written guidelines to facilitate the useful and
timely exchange of information between the
Trade Representative and the congressional
advisory groups; and
(ii) may make such revisions to the
guidelines as may be necessary from time to
time.
(B) Content.--The guidelines developed under
subparagraph (A) shall provide for, among other
things--
(i) detailed briefings on a fixed timetable
to be specified in the guidelines of the
congressional advisory groups regarding
negotiating objectives and positions and the
status of the applicable negotiations,
beginning as soon as practicable after the
congressional advisory groups are convened,
with more frequent briefings as trade
negotiations enter the final stage;
(ii) access by members of the congressional
advisory groups, and staff with proper security
clearances, to pertinent documents relating to
the negotiations, including classified
materials;
(iii) the closest practicable coordination
between the Trade Representative and the
congressional advisory groups at all critical
periods during the negotiations, including at
negotiation sites;
(iv) after the applicable trade agreement
is concluded, consultation regarding ongoing
compliance and enforcement of negotiated
commitments under the trade agreement; and
(v) the timeframe for submitting the report
required under section 5(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 Act; and
(B) may make such revisions to the guidelines as
may be necessary from time to time.
(2) Purposes.--The guidelines developed under paragraph (1)
shall--
(A) facilitate transparency;
(B) encourage public participation; and
(C) promote collaboration in the negotiation
process.
(3) Content.--The guidelines developed under paragraph (1)
shall include procedures that--
(A) provide for rapid disclosure of information in
forms that the public can readily find and use; and
(B) provide frequent opportunities for public input
through Federal Register requests for comment and other
means.
(4) Dissemination.--The United States Trade Representative
shall disseminate the guidelines developed under paragraph (1)
to all Federal agencies that could have jurisdiction over laws
affected by trade negotiations.
(e) Consultations With Advisory Committees.--
(1) Guidelines for engagement with advisory committees.--
The United States Trade Representative, in consultation with
the chairmen and the ranking members of the Committee on Ways
and Means of the House of Representatives and the Committee on
Finance of the Senate, respectively--
(A) shall, not later than 120 days after the date
of the enactment of this Act, develop written
guidelines on enhanced coordination with advisory
committees established pursuant to section 135 of the
Trade Act of 1974 (19 U.S.C. 2155) regarding
negotiations conducted under this Act; 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. 5. 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 3(b), shall--
(A) provide, at least 90 calendar days before
initiating negotiations with a country, written notice
to Congress of the President's intention to enter into
the negotiations with that country and set forth in the
notice the date on which the President intends to
initiate those negotiations, the specific United States
objectives for the negotiations with that country, and
whether the President intends to seek an agreement, or
changes to an existing agreement;
(B) before and after submission of the notice,
consult regarding the negotiations with the Committee
on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate, such other
committees of the House and Senate as the President
deems appropriate, and the House Advisory Group on
Negotiations and the Senate Advisory Group on
Negotiations convened under section 4(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 4(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 2(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 7(a), as
soon as practicable after the date of the enactment of
this Act, the United States Trade Representative
shall--
(I) identify those agricultural products
subject to tariff rate quotas on the date of
enactment of this Act, and agricultural
products subject to tariff reductions by the
United States as a result of the Uruguay Round
Agreements, for which the rate of duty was
reduced on January 1, 1995, to a rate which was
not less than 97.5 percent of the rate of duty
that applied to such article on December 31,
1994;
(II) consult with the Committee on Ways and
Means and the Committee on Agriculture of the
House of Representatives and the Committee on
Finance and the Committee on Agriculture,
Nutrition, and Forestry of the Senate
concerning--
(aa) whether any further tariff
reductions on the products identified
under subclause (I) should be
appropriate, taking into account the
impact of any such tariff reduction on
the United States industry producing
the product concerned;
(bb) whether the products so
identified face unjustified sanitary or
phytosanitary restrictions, including
those not based on scientific
principles in contravention of the
Uruguay Round Agreements; and
(cc) whether the countries
participating in the negotiations
maintain export subsidies or other
programs, policies, or practices that
distort world trade in such products
and the impact of such programs,
policies, and practices on United
States producers of the products;
(III) request that the International Trade
Commission prepare an assessment of the
probable economic effects of any such tariff
reduction on the United States industry
producing the product concerned and on the
United States economy as a whole; and
(IV) upon complying with subclauses (I),
(II), and (III), notify the Committee on Ways
and Means and the Committee on Agriculture of
the House of Representatives and the Committee
on Finance and the Committee on Agriculture,
Nutrition, and Forestry of the Senate of those
products identified under subclause (I) for
which the Trade Representative intends to seek
tariff liberalization in the negotiations and
the reasons for seeking such tariff
liberalization.
(ii) If, after negotiations described in clause (i)
are commenced--
(I) the United States Trade Representative
identifies any additional agricultural product
described in clause (i)(I) for tariff
reductions which were not the subject of a
notification under clause (i)(IV), or
(II) any additional agricultural product
described in clause (i)(I) is the subject of a
request for tariff reductions by a party to the
negotiations,
the Trade Representative shall, as soon as practicable,
notify the committees referred to in clause (i)(IV) of
those products and the reasons for seeking such tariff
reductions.
(3) Negotiations regarding the fishing industry.--Before
initiating, or continuing, negotiations that directly relate to
fish or shellfish trade with any country, the President shall
consult with the Committee on Ways and Means and the Committee
on Natural Resources of the House of Representatives, and the
Committee on Finance and the Committee on Commerce, Science,
and Transportation of the Senate, and shall keep the Committees
apprised of the negotiations on an ongoing and timely basis.
(4) Negotiations regarding textiles.--Before initiating or
continuing negotiations the subject matter of which is directly
related to textiles and apparel products with any country, the
President shall--
(A) assess whether United States tariffs on textile
and apparel products that were bound under the Uruguay
Round Agreements are lower than the tariffs bound by
that country and whether the negotiation provides an
opportunity to address any such disparity; and
(B) consult with the Committee on Ways and Means of
the House of Representatives and the Committee on
Finance of the Senate concerning the results of the
assessment, whether it is appropriate for the United
States to agree to further tariff reductions based on
the conclusions reached in the assessment, and how all
applicable negotiating objectives will be met.
(5) Adherence to existing international trade and
investment agreement obligations.--In determining whether to
enter into negotiations with a particular country, the
President shall take into account the extent to which that
country has implemented, or has accelerated the implementation
of, its international trade and investment commitments to the
United States, including pursuant to the WTO Agreement.
(b) Consultation With Congress Before Entry Into Agreement.--
(1) Consultation.--Before entering into any trade agreement
under section 3(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 4(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 Act; and
(C) the implementation of the agreement under
section 6, including the general effect of the
agreement on existing laws.
(3) Report regarding united states trade remedy laws.--
(A) Changes in certain trade laws.--The President,
not less than 180 calendar days before the day on which
the President enters into a trade agreement under
section 3(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 2(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 6(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 5(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 2(b)(16) of that Act.'', with the first
blank space being filled with the name of the resolving
House of Congress, the second blank space being filled
with the appropriate date of the report, and the third
blank space being filled with the name of the country
or countries involved.
(iii) Resolutions in the House of Representatives--
(I) may be introduced by any Member of the
House;
(II) shall be referred to the Committee on
Ways and Means and, in addition, to the
Committee on Rules; and
(III) may not be amended by either
Committee.
(iv) Resolutions in the Senate--
(I) may be introduced by any Member of the
Senate;
(II) shall be referred to the Committee on
Finance; and
(III) may not be amended.
(v) It is not in order for the House of
Representatives to consider any resolution that is not
reported by the Committee on Ways and Means and, in
addition, by the Committee on Rules.
(vi) It is not in order for the Senate to consider
any resolution that is not reported by the Committee on
Finance.
(vii) The provisions of subsections (d) and (e) of
section 152 of the Trade Act of 1974 (19 U.S.C. 2192)
(relating to floor consideration of certain resolutions
in the House and Senate) shall apply to resolutions.
(4) Advisory committee reports.--The report required under
section 135(e)(1) of the Trade Act of 1974 (19 U.S.C.
2155(e)(1)) regarding any trade agreement entered into under
subsection (a) or (b) of section 3 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 3(a)(2) or 6(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
3(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 3(b), the
Commission shall submit to the President and Congress a report
assessing the likely impact of the agreement on the United
States economy as a whole and on specific industry sectors,
including the impact the agreement will have on the gross
domestic product, exports and imports, aggregate employment and
employment opportunities, the production, employment, and
competitive position of industries likely to be significantly
affected by the agreement, and the interests of United States
consumers.
(3) Review of empirical literature.--In preparing the
assessment under paragraph (2), the Commission shall review
available economic assessments regarding the agreement,
including literature regarding any substantially equivalent
proposed agreement, and shall provide in its assessment a
description of the analyses used and conclusions drawn in such
literature, and a discussion of areas of consensus and
divergence between the various analyses and conclusions,
including those of the Commission regarding the agreement.
(4) Public availability.--The President shall make each
assessment under paragraph (2) available to the public.
(d) Reports Submitted to Committees With Agreement.--
(1) Environmental reviews and reports.--The President
shall--
(A) conduct environmental reviews of future trade
and investment agreements, consistent with Executive
Order 13141 (64 Fed. Reg. 63169), dated November 16,
1999, and its relevant guidelines; and
(B) submit a report on those reviews and on the
content and operation of consultative mechanisms
established pursuant to section 2(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 6(a)(1)(E).
(2) Employment impact reviews and reports.--The President
shall--
(A) review the impact of future trade agreements on
United States employment, including labor markets,
modeled after Executive Order 13141 (64 Fed. Reg.
63169) to the extent appropriate in establishing
procedures and criteria; and
(B) submit a report on such reviews to the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate at the time the President submits to Congress a
copy of the final legal text of an agreement pursuant
to section 6(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 4(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 6(a)(1)(E), the President shall also submit
to Congress a plan for implementing and enforcing the
agreement.
(2) Elements.--The implementation and enforcement plan
required by paragraph (1) shall include the following:
(A) Border personnel requirements.--A description
of additional personnel required at border entry
points, including a list of additional customs and
agricultural inspectors.
(B) Agency staffing requirements.--A description of
additional personnel required by Federal agencies
responsible for monitoring and implementing the trade
agreement, including personnel required by the Office
of the United States Trade Representative, the
Department of Commerce, the Department of Agriculture
(including additional personnel required to implement
sanitary and phytosanitary measures in order to obtain
market access for United States exports), the
Department of Homeland Security, the Department of the
Treasury, and such other agencies as may be necessary.
(C) Customs infrastructure requirements.--A
description of the additional equipment and facilities
needed by U.S. Customs and Border Protection.
(D) Impact on state and local governments.--A
description of the impact the trade agreement will have
on State and local governments as a result of increases
in trade.
(E) Cost analysis.--An analysis of the costs
associated with each of the items listed in
subparagraphs (A) through (D).
(3) Budget submission.--The President shall include a
request for the resources necessary to support the plan
required by paragraph (1) in the first budget of the President
submitted to Congress under section 1105(a) of title 31, United
States Code, after the date of the submission of the plan.
(4) Public availability.--The President shall make the plan
required under this subsection available to the public.
(f) Other Reports.--
(1) Report on penalties.--Not later than one year after the
imposition by the United States of a penalty or remedy
permitted by a trade agreement to which this Act applies, the
President shall submit to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of
the Senate a report on the effectiveness of the penalty or
remedy applied under United States law in enforcing United
States rights under the trade agreement, which shall address
whether the penalty or remedy was effective in changing the
behavior of the targeted party and whether the penalty or
remedy had any adverse impact on parties or interests not party
to the dispute.
(2) Report on impact of trade promotion authority.--Not
later than one year after the date of the enactment of this
Act, and not later than 5 years thereafter, the United States
International Trade Commission shall submit to the Committee on
Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report on the economic
impact on the United States of all trade agreements with
respect to which Congress has enacted an implementing bill
under trade authorities procedures since January 1, 1984.
(3) Enforcement consultations and reports.--(A) The United
States Trade Representative shall consult with the Committee on
Ways and Means of the House of Representatives and the
Committee on Finance of the Senate after acceptance of a
petition for review or taking an enforcement action in regard
to an obligation under a trade agreement, including a labor or
environmental obligation. During such consultations, the United
States Trade Representative shall describe the matter,
including the basis for such action and the application of any
relevant legal obligations.
(B) As part of the report required pursuant to section 163
of the Trade Act of 1974 (19 U.S.C. 2213), the President shall
report annually to Congress on enforcement actions taken
pursuant to a trade agreement to which the United States is a
party, as well as on any public reports issued by Federal
agencies on enforcement matters relating to a trade agreement.
(g) Additional Coordination With Members.--Any Member of the House
of Representatives may submit to the Committee on Ways and Means of the
House of Representatives and any Member of the Senate may submit to the
Committee on Finance of the Senate the views of that Member on any
matter relevant to a proposed trade agreement, and the relevant
Committee shall receive those views for consideration.
SEC. 6. IMPLEMENTATION OF TRADE AGREEMENTS.
(a) In General.--
(1) Notification and submission.--Any agreement entered
into under section 3(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 3(b)(3);
(ii) a statement of any administrative
action proposed to implement the trade
agreement; and
(iii) the supporting information described
in paragraph (2)(A);
(F) the implementing bill is enacted into law; and
(G) the President, not later than 30 days before
the date on which the agreement enters into force with
respect to a party to the agreement, submits written
notice to Congress that the President has determined
that the party has taken measures necessary to comply
with those provisions of the agreement that are to take
effect on the date on which the agreement enters into
force.
(2) Supporting information.--
(A) In general.--The supporting information
required under paragraph (1)(E)(iii) consists of--
(i) an explanation as to how the
implementing bill and proposed administrative
action will change or affect existing law; and
(ii) a statement--
(I) asserting that the agreement
makes progress in achieving the
applicable purposes, policies,
priorities, and objectives of this Act;
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 3(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 3(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 3(b) if during the 60-day
period beginning on the date that one House of Congress
agrees to a procedural disapproval resolution for lack
of notice or consultations with respect to such trade
agreement or agreements, the other House separately
agrees to a procedural disapproval resolution with
respect to such trade agreement or agreements.
(B) Procedural disapproval resolution.--(i) For
purposes of this paragraph, the term ``procedural
disapproval resolution'' means a resolution of either
House of Congress, the sole matter after the resolving
clause of which is as follows: ``That the President has
failed or refused to notify or consult in accordance
with the Bipartisan Congressional Trade Priorities and
Accountability Act of 2015 on negotiations with respect
to ________ and, therefore, the trade authorities
procedures under that Act shall not apply to any
implementing bill submitted with respect to such trade
agreement or agreements.'', with the blank space being
filled with a description of the trade agreement or
agreements with respect to which the President is
considered to have failed or refused to notify or
consult.
(ii) For purposes of clause (i) and paragraphs
(3)(C) and (4)(C), the President has ``failed or
refused to notify or consult in accordance with the
Bipartisan Congressional Trade Priorities and
Accountability Act of 2015'' on negotiations with
respect to a trade agreement or trade agreements if--
(I) the President has failed or refused to
consult (as the case may be) in accordance with
sections 4 and 5 and this section with respect
to the negotiations, agreement, or agreements;
(II) guidelines under section 4 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 4(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
Act.
(2) Procedures for considering resolutions.--(A) Procedural
disapproval resolutions--
(i) in the House of Representatives--
(I) may be introduced by any Member of the
House;
(II) shall be referred to the Committee on
Ways and Means and, in addition, to the
Committee on Rules; and
(III) may not be amended by either
Committee; and
(ii) in the Senate--
(I) may be introduced by any Member of the
Senate;
(II) shall be referred to the Committee on
Finance; and
(III) may not be amended.
(B) The provisions of subsections (d) and (e) of section
152 of the Trade Act of 1974 (19 U.S.C. 2192) (relating to the
floor consideration of certain resolutions in the House and
Senate) apply to a procedural disapproval resolution introduced
with respect to a trade agreement if no other procedural
disapproval resolution with respect to that trade agreement has
previously been reported in that House of Congress by the
Committee on Ways and Means or the Committee on Finance, as the
case may be, and if no resolution described in clause (ii) of
section 5(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
3(b), the committee fails to favorably report the bill,
the committee shall report a resolution described in
subparagraph (C).
(B) Applicability of trade authorities
procedures.--The trade authorities procedures shall not
apply in the Senate to any implementing bill submitted
with respect to a trade agreement or agreements
described in subparagraph (A) if the Committee on
Finance reports a resolution described in subparagraph
(C) and such resolution is agreed to by the Senate.
(C) Resolution described.--A resolution described
in this subparagraph is a resolution of the Senate
originating from the Committee on Finance the sole
matter after the resolving clause of which is as
follows: ``That the President has failed or refused to
notify or consult in accordance with the Bipartisan
Congressional Trade Priorities and Accountability Act
of 2015 on negotiations with respect to _____ and,
therefore, the trade authorities procedures under that
Act shall not apply in the Senate to any implementing
bill submitted with respect to such trade agreement or
agreements.'', with the blank space being filled with a
description of the trade agreement or agreements
described in subparagraph (A).
(D) Procedures.--If the Senate does not agree to a
motion to invoke cloture on the motion to proceed to a
resolution described in subparagraph (C), the
resolution shall be committed to the Committee on
Finance.
(4) Consideration in the house of representatives of a
consultation and compliance resolution.--
(A) Qualifications for reporting resolution.--If--
(i) the Committee on Ways and Means of the
House of Representatives reports an
implementing bill with respect to a trade
agreement or agreements entered into under
section 3(b) with other than a favorable
recommendation; and
(ii) a Member of the House of
Representatives has introduced a consultation
and compliance resolution on the legislative
day following the filing of a report to
accompany the implementing bill with other than
a favorable recommendation,
then the Committee on Ways and Means shall consider a
consultation and compliance resolution pursuant to
subparagraph (B).
(B) Committee consideration of a qualifying
resolution.--(i) Not later than the fourth legislative
day after the date of introduction of the resolution,
the Committee on Ways and Means shall meet to consider
a resolution meeting the qualifications set forth in
subparagraph (A).
(ii) After consideration of one such resolution by
the Committee on Ways and Means, this subparagraph
shall not apply to any other such resolution.
(iii) If the Committee on Ways and Means has not
reported the resolution by the sixth legislative day
after the date of its introduction, that committee
shall be discharged from further consideration of the
resolution.
(C) Consultation and compliance resolution
described.--A consultation and compliance resolution--
(i) is a resolution of the House of
Representatives, the sole matter after the
resolving clause of which is as follows: ``That
the President has failed or refused to notify
or consult in accordance with the Bipartisan
Congressional Trade Priorities and
Accountability Act of 2015 on negotiations with
respect to _____ and, therefore, the trade
authorities procedures under that Act shall not
apply in the House of Representatives to any
implementing bill submitted with respect to
such trade agreement or agreements.'', with the
blank space being filled with a description of
the trade agreement or agreements described in
subparagraph (A); and
(ii) shall be referred to the Committee on
Ways and Means.
(D) Applicability of trade authorities
procedures.--The trade authorities procedures shall not
apply in the House of Representatives to any
implementing bill submitted with respect to a trade
agreement or agreements which are the object of a
consultation and compliance resolution if such
resolution is adopted by the House.
(5) For failure to meet other requirements.--Not later than
December 15, 2015, the Secretary of Commerce, in consultation
with the Secretary of State, the Secretary of the Treasury, the
Attorney General, and the United States Trade Representative,
shall transmit to Congress a report setting forth the strategy
of the executive branch to address concerns of Congress
regarding whether dispute settlement panels and the Appellate
Body of the World Trade Organization have added to obligations,
or diminished rights, of the United States, as described in
section 2(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.
(c) Rules of House of Representatives and Senate.--Subsection (b)
of this section, section 3(c), and section 5(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. 7. TREATMENT OF CERTAIN TRADE AGREEMENTS FOR WHICH NEGOTIATIONS
HAVE ALREADY BEGUN.
(a) Certain Agreements.--Notwithstanding the prenegotiation
notification and consultation requirement described in section 5(a), if
an agreement to which section 3(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 5(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
5(a)(1)(A) as of the date of the enactment of this Act, or
(5) is an agreement with respect to environmental goods
entered into with WTO members with respect to which a
notification has been made in a manner consistent with section
5(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 5(a) (relating only to notice prior to
initiating negotiations), and any resolution under paragraph (1)(B),
(3)(C), or (4)(C) of section 6(b) shall not be in order on the basis of
a failure or refusal to comply with the provisions of section 5(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 5(a)(1)(B) and the House and Senate Advisory Groups on
Negotiations convened under section 4(c).
SEC. 8. SOVEREIGNTY.
(a) United States Law To Prevail in Event of Conflict.--No
provision of any trade agreement entered into under section 3(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 3(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 3(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. 9. 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
2(a)(8).
SEC. 10. 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 3 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 3(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
3(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 3(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 3 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 3 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 3 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 3 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 3 of
the Bipartisan Congressional Trade
Priorities and Accountability Act of
2015''; and
(II) by striking ``not later than
the date on which the President
notifies the Congress under section
2105(a)(1)(A) of the Bipartisan Trade
Promotion Authority Act of 2002'' and
inserting ``not later than the date
that is 30 days after the date on which
the President notifies Congress under
section 6(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 2 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 6(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 6(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 3 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 3 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 3 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. 11. DEFINITIONS.
In this Act:
(1) Agreement on agriculture.--The term ``Agreement on
Agriculture'' means the agreement referred to in section
101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(2)).
(2) Agreement on safeguards.--The term ``Agreement on
Safeguards'' means the agreement referred to in section
101(d)(13) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(13)).
(3) Agreement on subsidies and countervailing measures.--
The term ``Agreement on Subsidies and Countervailing Measures''
means the agreement referred to in section 101(d)(12) of the
Uruguay Round Agreements Act (19 U.S.C. 3511(d)(12)).
(4) Antidumping agreement.--The term ``Antidumping
Agreement'' means the Agreement on Implementation of Article VI
of the General Agreement on Tariffs and Trade 1994 referred to
in section 101(d)(7) of the Uruguay Round Agreements Act (19
U.S.C. 3511(d)(7)).
(5) Appellate body.--The term ``Appellate Body'' means the
Appellate Body established under Article 17.1 of the Dispute
Settlement Understanding.
(6) Common multilateral environmental agreement.--
(A) In general.--The term ``common multilateral
environmental agreement'' means any agreement specified
in subparagraph (B) or included under subparagraph (C)
to which both the United States and one or more other
parties to the negotiations are full parties, including
any current or future mutually agreed upon protocols,
amendments, annexes, or adjustments to such an
agreement.
(B) Agreements specified.--The agreements specified
in this subparagraph are the following:
(i) The Convention on International Trade
in Endangered Species of Wild Fauna and Flora,
done at Washington March 3, 1973 (27 UST 1087;
TIAS 8249).
(ii) The Montreal Protocol on Substances
that Deplete the Ozone Layer, done at Montreal
September 16, 1987.
(iii) The Protocol of 1978 Relating to the
International Convention for the Prevention of
Pollution from Ships, 1973, done at London
February 17, 1978.
(iv) The Convention on Wetlands of
International Importance Especially as
Waterfowl Habitat, done at Ramsar February 2,
1971 (TIAS 11084).
(v) The Convention on the Conservation of
Antarctic Marine Living Resources, done at
Canberra May 20, 1980 (33 UST 3476).
(vi) The International Convention for the
Regulation of Whaling, done at Washington
December 2, 1946 (62 Stat. 1716).
(vii) The Convention for the Establishment
of an Inter-American Tropical Tuna Commission,
done at Washington May 31, 1949 (1 UST 230).
(C) Additional agreements.--Both the United States
and one or more other parties to the negotiations may
agree to include any other multilateral environmental
or conservation agreement to which they are full
parties as a common multilateral environmental
agreement under this paragraph.
(7) Core labor standards.--The term ``core labor
standards'' means--
(A) freedom of association;
(B) the effective recognition of the right to
collective bargaining;
(C) the elimination of all forms of forced or
compulsory labor;
(D) the effective abolition of child labor and a
prohibition on the worst forms of child labor; and
(E) the elimination of discrimination in respect of
employment and occupation.
(8) Dispute settlement understanding.--The term ``Dispute
Settlement Understanding'' means the Understanding on Rules and
Procedures Governing the Settlement of Disputes referred to in
section 101(d)(16) of the Uruguay Round Agreements Act (19
U.S.C. 3511(d)(16)).
(9) Enabling clause.--The term ``Enabling Clause'' means
the Decision on Differential and More Favourable Treatment,
Reciprocity and Fuller Participation of Developing Countries
(L/4903), adopted November 28, 1979, under GATT 1947 (as
defined in section 2 of the Uruguay Round Agreements Act (19
U.S.C. 3501)).
(10) Environmental laws.--The term ``environmental laws'',
with respect to the laws of the United States, means
environmental statutes and regulations enforceable by action of
the Federal Government.
(11) GATT 1994.--The term ``GATT 1994'' has the meaning
given that term in section 2 of the Uruguay Round Agreements
Act (19 U.S.C. 3501).
(12) General agreement on trade in services.--The term
``General Agreement on Trade in Services'' means the General
Agreement on Trade in Services (referred to in section
101(d)(14) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(14))).
(13) Government procurement agreement.--The term
``Government Procurement Agreement'' means the Agreement on
Government Procurement referred to in section 101(d)(17) of the
Uruguay Round Agreements Act (19 U.S.C. 3511(d)(17)).
(14) ILO.--The term ``ILO'' means the International Labor
Organization.
(15) Import sensitive agricultural product.--The term
``import sensitive agricultural product'' means an agricultural
product--
(A) with respect to which, as a result of the
Uruguay Round Agreements, the rate of duty was the
subject of tariff reductions by the United States and,
pursuant to such Agreements, was reduced on January 1,
1995, to a rate that was not less than 97.5 percent of
the rate of duty that applied to such article on
December 31, 1994; or
(B) which was subject to a tariff rate quota on the
date of the enactment of this Act.
(16) Information technology agreement.--The term
``Information Technology Agreement'' means the Ministerial
Declaration on Trade in Information Technology Products of the
World Trade Organization, agreed to at Singapore December 13,
1996.
(17) Internationally recognized core labor standards.--The
term ``internationally recognized core labor standards'' means
the core labor standards only as stated in the ILO Declaration
on Fundamental Principles and Rights at Work and its Follow-Up
(1998).
(18) Labor laws.--The term ``labor laws'' means the
statutes and regulations, or provisions thereof, of a party to
the negotiations that are directly related to core labor
standards as well as other labor protections for children and
minors and acceptable conditions of work with respect to
minimum wages, hours of work, and occupational safety and
health, and for the United States, includes Federal statutes
and regulations addressing those standards, protections, or
conditions, but does not include State or local labor laws.
(19) United states person.--The term ``United States
person'' means--
(A) a United States citizen;
(B) a partnership, corporation, or other legal
entity that is organized under the laws of the United
States; and
(C) a partnership, corporation, or other legal
entity that is organized under the laws of a foreign
country and is controlled by entities described in
subparagraph (B) or United States citizens, or both.
(20) Uruguay round agreements.--The term ``Uruguay Round
Agreements'' has the meaning given that term in section 2(7) of
the Uruguay Round Agreements Act (19 U.S.C. 3501(7)).
(21) World trade organization; wto.--The terms ``World
Trade Organization'' and ``WTO'' mean the organization
established pursuant to the WTO Agreement.
(22) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing the World Trade Organization entered
into on April 15, 1994.
(23) WTO member.--The term ``WTO member'' has the meaning
given that term in section 2(10) of the Uruguay Round
Agreements Act (19 U.S.C. 3501(10)).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committees on Rules, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Rules, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Rules, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Rules, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Trade.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended).
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Reported (Amended) by the Committee on Ways and Means. H. Rept. 114-100, Part I.
Reported (Amended) by the Committee on Ways and Means. H. Rept. 114-100, Part I.
Committee on Rules discharged.
Committee on Rules discharged.
Committee on the Budget discharged.
Committee on the Budget discharged.
Placed on the Union Calendar, Calendar No. 69.