Report text available as:

(PDF provides a complete and accurate display of this text.) Tip?



114th Congress}                                           {Rept. 114-100
                        HOUSE OF REPRESENTATIVES
 1st Session  }                                           {   Part 1

======================================================================
 
  BIPARTISAN CONGRESSIONAL TRADE PRIORITIES AND ACCOUNTABILITY ACT OF 
                                  2015

                                _______
                                

  May 1, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Ryan of Wisconsin, from the Committee on Ways and Means, submitted 
                             the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1890]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Ways and Means, to whom was referred the 
bill (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, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
  I. SUMMARY AND BACKGROUND..........................................28
          A. Purpose and Summary.................................    28
          B. Background and Need for Legislation.................    29
          C. Legislative History.................................    31
 II. EXPLANATION OF THE BILL.........................................32
III. VOTES OF THE COMMITTEE..........................................76
 IV. BUDGET EFFECTS OF THE BILL......................................94
          A. Committee Estimate of Budgetary Effects.............    94
          B. Statement Regarding New Budget Authority and Tax 
              Expenditures Budget Authority......................    94
          C. Cost Estimate Prepared by the Congressional Budget 
              Office.............................................    94
  V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE......95
          A. Committee Oversight Findings and Recommendations....    95
          B. Statement of General Performance Goals and 
              Objectives.........................................    95
          C. Information Relating to Unfunded Mandates...........    95
          D. Congressional Earmarks, Limited Tax Benefits, and 
              Limited Tariff Benefits............................    96
          E. Duplication of Federal Programs.....................    96
          F. Disclosure of Directed Rule Makings.................    96
 VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED..........114
VII. COMMITTEE JURISDICTION LETTERS.................................131
VII. DISSENTING VIEWS...............................................134

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 recognize the growing significance of the Internet as 
        a trading platform in international commerce; and
          (12) to take into account other legitimate United States 
        domestic objectives, including, but not limited to, the 
        protection of legitimate health or safety, essential security, 
        and consumer interests and the law and regulations related 
        thereto.
  (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.
          (19) Commercial partnerships.--
                  (A) In general.--With respect to an agreement that is 
                proposed to be entered into with the Transatlantic 
                Trade and Investment Partnership countries and to which 
                section 3(b) will apply, the principal negotiating 
                objectives of the United States regarding commercial 
                partnerships are the following:
                          (i) To discourage actions by potential 
                        trading partners that directly or indirectly 
                        prejudice or otherwise discourage commercial 
                        activity solely between the United States and 
                        Israel.
                          (ii) To discourage politically motivated 
                        actions to boycott, divest from, or sanction 
                        Israel and to seek the elimination of 
                        politically motivated non-tariff barriers on 
                        Israeli goods, services, or other commerce 
                        imposed on the State of Israel.
                          (iii) To seek the elimination of state-
                        sponsored unsanctioned foreign boycotts against 
                        Israel or compliance with the Arab League 
                        Boycott of Israel by prospective trading 
                        partners.
                  (B) Definition.--In this paragraph, the term 
                ``actions to boycott, divest from, or sanction Israel'' 
                means actions by states, non-member states of the 
                United Nations, international organizations, or 
                affiliated agencies of international organizations that 
                are politically motivated and are intended to penalize 
                or otherwise limit commercial relations specifically 
                with Israel or persons doing business in Israel or in 
                Israeli-controlled territories.
          (20) Good governance, transparency, the effective operation 
        of legal regimes, and the rule of law of trading partners.--The 
        principal negotiating objectives of the United States with 
        respect to ensuring implementation of trade commitments and 
        obligations by strengthening good governance, transparency, the 
        effective operation of legal regimes and the rule of law of 
        trading partners of the United States is through capacity 
        building and other appropriate means, which are important parts 
        of the broader effort to create more open democratic societies 
        and to promote respect for internationally recognized human 
        rights.
  (c) Capacity Building and Other Priorities.--In order to address and 
maintain United States competitiveness in the global economy, the 
President shall--
          (1) direct the heads of relevant Federal agencies--
                  (A) to work to strengthen the capacity of United 
                States trading partners to carry out obligations under 
                trade agreements by consulting with any country seeking 
                a trade agreement with the United States concerning 
                that country's laws relating to customs and trade 
                facilitation, sanitary and phytosanitary measures, 
                technical barriers to trade, intellectual property 
                rights, labor, and the environment; and
                  (B) to provide technical assistance to that country 
                if needed;
          (2) seek to establish consultative mechanisms among parties 
        to trade agreements to strengthen the capacity of United States 
        trading partners to develop and implement standards for the 
        protection of the environment and human health based on sound 
        science;
          (3) promote consideration of multilateral environmental 
        agreements and consult with parties to such agreements 
        regarding the consistency of any such agreement that includes 
        trade measures with existing environmental exceptions under 
        Article XX of GATT 1994; and
          (4) submit to the Committee on Ways and Means of the House of 
        Representatives and the Committee on Finance of the Senate an 
        annual report on capacity-building activities undertaken in 
        connection with trade agreements negotiated or being negotiated 
        pursuant to this 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)).

                       I. SUMMARY AND BACKGROUND


                         A. Purpose and Summary

    H.R. 1890, the ``Bipartisan Congressional Trade Priorities 
and Accountability Act of 2015'' (TPA), establishes procedures 
to enhance Congressional authorities in shaping and 
implementing trade agreements. The legislation establishes 
Congressional trade negotiating objectives, enhances 
requirements for consultation requirements and information 
sharing with Congress before, during, and after trade 
negotiations, and provides the rules for Congressional 
consideration of trade agreements and their implementing bills. 
The procedures for the consideration of trade agreements, which 
were first enacted in 1974 and last established in 2002, have 
expired with respect to agreements entered into after July 1, 
2007. Consistent with prior grants of authority, the purpose of 
this legislation is to preserve the constitutional role and to 
fulfill the legislative responsibility of Congress with respect 
to trade agreements. At the same time, the process ensures 
certain and expeditious action on the results of the 
negotiations and on the implementing bill, without amendment. 
To improve accountability, the bill also includes a new 
mechanism to remove expedited procedures for a trade agreement 
if, in the judgment of either the House or Senate, that 
agreement does not meet the requirements of TPA.
    H.R. 1890 would put in place procedures for Congressional 
consideration of legislation to implement trade agreements 
entered into before July 1, 2018, with the opportunity for an 
extension to cover agreements entered into before July 1, 2021. 
These procedures are similar to the expired provisions, with 
significant modifications to expand and broaden consultation 
with Congress, improve transparency, strengthen Congressional 
oversight of Administration action, and establish new and 
updated negotiating objectives.

                 B. Background and Need for Legislation

    Certain trade agreements cannot enter into force as a 
matter of U.S. law unless implementing legislation making any 
changes to U.S. law to implement U.S. rights and obligations 
under the agreement is enacted into law. Certain procedures for 
consideration of these implementing bills were first authorized 
in the Trade Act of 1974. These procedures were first used with 
respect to the GATT Tokyo Round Agreements, which were approved 
and implemented in the Trade Agreements Act of 1979. The 
procedures for the implementation of multilateral trade 
agreements have not been significantly altered since 1974 but 
were expanded in 1984 to apply to bilateral agreements. 
Extended through section 1102(c) of the Omnibus Trade and 
Competitiveness Act of 1988, and modified to authorize the 
President to enter into bilateral trade agreements, these 
procedures were used to implement the Uruguay Round Agreements 
of the World Trade Organization (WTO) and the North American 
Free Trade Agreement (NAFTA). That negotiating authority, as 
extended in 1991 and 1993, applied only with respect to 
agreements entered into before April 15, 1994. The authorities 
were extended again in the Trade Act of 2002. That negotiating 
authority was extended in 2005 and was in place for agreements 
concluded by July 1, 2007. Eleven agreements were concluded and 
implemented using those procedures.
    These procedures required the President, before entering 
into any trade agreement, to consult with Congress and to 
provide Congress advance notice of his intent to enter into an 
agreement. The legislation contained negotiating objectives 
providing specific directions to the President for the 
negotiations. During the course of negotiations, the President 
was required to consult extensively, and on a regular basis, 
with Congress. After entering into the agreement, the President 
was required to submit the draft agreement, implementing 
legislation, and a statement of administrative action to 
Congress. The President also consulted with Congressional 
committees of jurisdiction on the content of the implementing 
bill. Amendments to the legislation were not permitted once the 
bill was introduced; the committee and floor actions consisted 
of ``up or down'' votes on the bill as introduced within 
certain deadlines.
    The Committee believes that trade promotion authority has 
been a highly effective tool in securing a wide range of 
important, market-opening trade agreements for the United 
States. Because of these agreements, the Committee believes 
that the United States has been able to make substantial 
progress in opening markets, lowering tariffs, and reducing and 
eliminating non-tariff barriers to trade. These agreements are 
extremely beneficial in creating much-needed U.S. jobs, 
stimulating the economy, and raising the standard of living for 
American families.
    Working in consultation with Congress, the Administration 
is pursuing a robust and ambitious trade negotiating agenda. 
The United States is negotiating agreements with 11 Asia-
Pacific economies through the Trans-Pacific Partnership (TPP), 
28 Member countries of the European Union through the 
Transatlantic Trade and Investment Partnership (T-TIP), 24 
other WTO members for a trade in services agreement (TISA), 13 
other WTO members for a trade in environmental goods agreement 
(EGA), and 161 Members of the World Trade Organization. 
Combined, U.S. negotiations with the Asia-Pacific and the EU 
would open markets with nearly 1 billion consumers, covering 
nearly two-thirds of global GDP and 65 percent of global trade. 
TISA covers about 50 percent of global GDP, as well, and over 
70 percent of global services trade. Renewing TPA, which 
expired in 2007, is necessary to successfully conclude these 
negotiations and for Congressional consideration of 
implementing legislation.
    In addition, the Committee is concerned that if the United 
States does not have trade promotion authority, it will be left 
further behind as its competitors negotiate preferential access 
in their best interests and set the rules for global trade.
    The Committee believes that the only way that the United 
States can negotiate these beneficial agreements is through the 
well-proven tool of trade promotion authority because it 
ensures certain and expeditious consideration of trade 
legislation while giving Congress a strong role to play during 
negotiation and implementation of trade agreements. In 
addition, trade promotion authority gives U.S. trading partners 
confidence that an agreement agreed to by the United States 
will not be reopened during the implementing process. Only with 
this authority in hand is the United States able to demonstrate 
to its trading partners that it is serious about concluding 
trade agreements because implementation procedures are in 
place, thus creating an atmosphere for other countries to put 
their best offers on the table and make concessions to produce 
the best agreement for the United States. In addition, the 
Congressional negotiating objectives strengthen the President's 
hand in convincing other parties to make concessions necessary 
for Congressional approval of the agreement. In short, the 
United States has never been able to conclude a major trade 
agreement without these authorities.
    Accordingly, H.R. 1890 would extend many of the procedures 
of the 2002 Act to future agreements, while making significant 
improvements to assure robust and timely consultation with 
Congress, improve transparency and accountability, and to set 
forth detailed Congressional objectives in the negotiations. 
The Committee strongly believes that passage of this 
legislation is squarely in the national economic and security 
interest of the United States.

                         C. Legislative History

    H.R. 1890, the Bipartisan Congressional Trade Priorities 
and Accountability Act of 2015, was introduced on April 17, 
2015, by Chairman Paul Ryan, Trade Subcommittee Chairman Pat 
Tiberi, Rules Committee Chairman Pete Sessions, and Congressman 
Henry Cuellar and was referred to the Committee on Ways and 
Means, the Committee on Rules, and the Committee on Budget.

Legislative Hearings

    On January 13, 2015, the Committee held a hearing on the 
state of the U.S. economy and polices that can promote job 
creation and economic growth. The Committee heard testimony 
from Martin Feldstein, Douglas Holtz-Eakin, and Simon Johnson, 
which included discussion about the importance of importance of 
trade promotion authority and international trade for promoting 
job creation and economic growth.
    On February 3, 2015, the Committee held a hearing on the 
U.S. trade agenda with Ambassador Michael Froman, United States 
Trade Representative. The Committee heard testimony about the 
importance of importance of TPA for U.S. economic growth and 
job creation.
    On April 22, 2015, the Committee held a hearing on 
expanding American trade with accountability and transparency 
with Treasury Secretary Jack Lew, Agriculture Secretary Tom 
Vilsack, and Commerce Secretary Penny Prtizker. The Committee 
heard testimony on the Administration's support for this 
legislation and its importance to concluding the strongest 
possible trade agreements.
    On July 18, 2013, the Committee held a hearing on the U.S. 
trade agenda with Ambassador Michael Froman, the United States 
Trade Representative. Considerable focus was given during the 
hearing to the need for TPA legislation and its importance in 
furthering the U.S. trade agenda.
    On April 3, 2014, the Committee held a hearing on the U.S. 
trade agenda with Ambassador Michael Froman, United States 
Trade Representative. Among the issues covered was the need for 
renewal of TPA and its importance for U.S. economic growth and 
job creation.

Committee Action

    The Committee on Ways and Means marked up H.R. 1890, the 
Bipartisan Congressional Trade Priorities and Accountability 
Act of 2015, on April 23, 2015, and ordered the bill favorably 
reported by a roll call vote of 25 yeas to 13 nays (with a 
quorum being present).

                      II. EXPLANATION OF THE BILL


                         SECTION 1: SHORT TITLE

Present law

    Section 2101 of the Bipartisan Trade Promotion Authority 
Act of 2002 (``2002 TPA'') sets forth the short title.

Explanation of provision

    Section 1 sets forth the short title as the ``Bipartisan 
Congressional Trade Priorities and Accountability Act of 
2015.''

Reason for change

    The Committee believes that the change in short title is 
necessary to reflect the significant revision and expansion of 
necessary Congressional consultations and objectives and more 
accurately reflects the purpose of this Act.

Effective date

    The provision is effective upon enactment.

                SECTION 2: TRADE NEGOTIATING OBJECTIVES

Present law

    Section 2102(a) of 2002 TPA sets forth overall negotiating 
objectives for concluding trade agreements. These objectives 
include obtaining more open, equitable, and reciprocal market 
access; obtaining the reduction or elimination of barriers and 
other trade-distorting policies and practices; further 
strengthening the system of international trading disciplines 
and procedures, including dispute settlement; fostering 
economic growth and full employment in the U.S. and the global 
economy; ensuring that trade and environmental policies are 
mutually supportive and seeking to protect and preserve the 
environment and enhance the international means of doing so, 
while optimizing the use of the world's resources; and to 
promote respect for worker rights and the rights of children 
consistent with International Labor Organization core labor 
standards, as defined in the bill.
    Section 2102(b) of 2002 TPA sets forth the following 
principal trade negotiating objectives: trade barriers and 
distortions; trade in services; foreign investment; 
intellectual property; transparency, anti-corruption; 
improvement of the WTO and multilateral trade agreements; 
regulatory practices; electronic commerce; reciprocal trade in 
agriculture; labor and the environment; dispute settlement and 
enforcement; WTO extended negotiations; trade remedy laws; 
border taxes; textile negotiations; and worst forms of child 
labor.
    Section 2102(c) of 2002 TPA sets forth promotion of certain 
priorities, including: greater cooperation between the WTO and 
ILO; establishment of certain consultative mechanisms related 
to labor and the environment; conduct of environmental reviews 
of future trade and investment agreements; review the impact of 
trade agreements on U.S. employment; consultations regarding 
labor; a meaningful labor rights report; promote consideration 
of multilateral environmental agreements; a report on the 
imposition of a penalty or remedy by the united states 
permitted by a trade agreement and the effectiveness; and 
addressing currency issues.

Explanation of provision

    Subsection 2(a) establishes overall trade negotiating 
objectives of the United States for trade agreements, 
including: obtaining open, equitable and reciprocal market 
access for U.S. goods and services; obtaining the reduction or 
elimination of barriers and distortions to trade and 
investment; further strengthening international trade and 
investment disciplines, including dispute settlement; fostering 
economic growth, raising living standards, enhancing U.S. 
competitiveness, promoting full U.S. employment, and enhancing 
the global economy; ensuring that trade and environmental 
policies are mutually supportive; promoting respect for worker 
rights; seeking to ensure that environmental and labor laws are 
not weakened as an encouragement for trade; ensuring that trade 
agreements afford small businesses equal access to 
international markets and reducing or eliminating trade and 
investment barriers that disproportionately impact small 
businesses; promoting ratification and full compliance with ILO 
Convention No. 182 regarding elimination of the worst forms of 
child labor; ensuring that trade agreements reflect and 
facilitate the interrelated, multi-sectoral nature of trade and 
investment; recognizing the significance of the Internet as a 
global trading platform; and taking into account other 
legitimate domestic objectives including protection of 
legitimate health or safety, essential security, and consumer 
interests.
    Subsection 2(b) establishes the principal trade negotiating 
objectives of the United States for trade agreements.
    (1) Trade in Goods: The principal negotiating objectives 
for trade in goods, set out in subparagraph 2(b)(1), are to 
expand opportunities for U.S. exports by obtaining fairer and 
more open conditions of trade, including through utilization of 
global value chains; to reduce or eliminate tariff and 
nontariff barriers that decrease market opportunities for U.S. 
goods; and to obtain reciprocal tariff and non-tariff barrier 
elimination agreements.
    (2) Trade in Services: Subparagraph 2(b)(2) sets out as the 
principal negotiating objective for trade in services to expand 
opportunities for U.S. services and obtain fairer and more open 
conditions of trade, including through utilization of global 
value chains, by reducing or eliminating regulatory and other 
barriers that deny national treatment or unreasonably restrict 
the operations of service suppliers. This section also 
encourages the pursuit of these objectives through all means, 
including through a plurilateral agreement with countries that 
are willing and able to undertake high standard services 
commitments for both existing and new services.
    (3) Trade in Agriculture: The principal negotiating 
objective with respect to agriculture, set forth in 
subparagraph 2(b)(3), includes the directive by Congress to 
obtain competitive market access opportunities for U.S. 
agricultural exports substantially equivalent to opportunities 
afforded foreign exports in U.S. markets, including by securing 
enforceable rules on sanitary and phytosanitary measures (SPS) 
with respect to transparency, regulatory coherence, and 
adherence to international standards and science-based risk 
assessments; reducing or eliminating tariffs, while providing 
adjustment periods for U.S. import-sensitive products; and 
reducing or eliminating market distorting practices, such as 
subsidies, state trading enterprises, and unjustified 
commercial requirements. Negotiators are directed to ensure 
that trading partners are adhering to existing commitments 
regarding trade in agriculture and do not improperly use their 
systems for protecting or recognizing geographical indications 
to undermine market access for U.S. products.
    (4) Foreign Investment: Subparagraph 2(b)(4) sets out the 
principal negotiating objectives with respect to foreign 
investment, which include directives by Congress to reduce 
barriers to foreign investment, ensure that foreign investors 
in the United States are not accorded greater rights than U.S. 
investors in the United States, and secure for U.S. investors 
rights comparable to those available in the United States, 
including by reducing or eliminating exceptions to national 
treatment, freeing transfer of funds, reducing or eliminating 
forced technology transfers and other unreasonable barriers to 
the establishment and operation of investments, establishing 
standards on and compensation for expropriation consistent with 
U.S. law, establishing standards on fair and equitable 
treatment consistent with U.S. law, and providing meaningful 
procedures for resolving disputes, including improved 
mechanisms for resolving disputes between an investor and a 
government that ensure the fullest measure of transparency.
    (5) Intellectual Property: Subparagraph 2(b)(5) sets out 
the principal negotiating objectives with respect to 
intellectual property, which include directives by Congress to 
further promote adequate and effective protection for 
intellectual property rights, including through full 
implementation of the WTO Agreement on Trade-Related Aspects of 
Intellectual Property (TRIPS); by ensuring that provisions of 
any trade agreement governing intellectual property rights 
reflect a standard of protection similar to that found in U.S. 
law; by providing strong protection for emerging technologies 
and methods of transmitting and distributing intellectual 
property, including in a manner that facilitates legitimate 
digital trade; by eliminating discrimination regarding 
intellectual property rights; by ensuring that rights holders 
have the legal and technological means to control the use of 
their works through the Internet and prevent the unauthorized 
use of their work; by providing strong enforcement of 
intellectual property rights; and by preventing or eliminating 
government involvement in the violation of intellectual 
property rights, including through cybertheft and piracy. The 
negotiating objectives also include securing fair, equitable, 
and nondiscriminatory market access opportunities for U.S. 
persons that rely upon intellectual property protection, as 
well as respecting the 2001 Declaration on the TRIPS Agreement 
and Public Health and ensuring that trade agreements foster 
innovation and promote access to medicines.
    (6) Digital Trade in Goods and Services and Cross-Border 
Data Flows: Subparagraph 2(b)(6) sets out the principal 
negotiating objectives for digital trade in goods and services 
and cross-border data flows, including the directive of 
Congress to ensure that all trade commitments apply to digital 
trade and cross-border data flows; to ensure that 
electronically delivered goods and services are treated no less 
favorably than products delivered in physical form and 
classified so as to ensure the most liberal trade treatment 
possible; and to ensure that governments not impede digital 
trade, restrict cross-border data flows, or require local 
storage or processing of data, imposing domestic regulations 
only when required by legitimate policy objectives and in a 
manner that is the least restrictive on trade, is non-
discriminatory and transparent, and promotes an open market 
environment. The provision also directs that the World Trade 
Organization moratorium on duties on electronic transmissions 
be extended.
    (7) Regulatory Practices: The principal negotiating 
objectives with regard to regulatory or other practices of 
foreign governments used to reduce market access for U.S. 
goods, services, and investments are: to seek increased 
transparency and opportunity for participation in the 
development of regulations; to require proposed regulations be 
based on sound science, cost benefit analysis, risk assessment, 
or other objective evidence; to improve regulatory practices 
and promote increased regulatory coherence; to seek greater 
openness, transparency, and convergence of standards-
development processes; to promote regulatory compatibility 
through harmonization, equivalence, or mutual recognition and 
to encourage the use of global and interoperable standards; to 
achieve the elimination of price controls and reference pricing 
which deny full market access for United States products; to 
ensure that government regulatory reimbursement regimes are 
transparent, provide procedural fairness, are non-
discriminatory, and provide full market access for U.S. 
products; to ensure that government collection of undisclosed 
proprietary information is limited to that necessary to satisfy 
a legitimate and justifiable regulatory interest and that such 
information is protected against disclosure.
    (8) State-Owned and State-Controlled Enterprises: 
Subparagraph 2(b)(8) sets out the principal negotiating 
objective regarding state-owned enterprises, which the 
directive by Congress to seek commitments that eliminate or 
prevent trade distortions and unfair competition favoring 
state-owned enterprises to the extent of their commercial 
engagement and ensure that such engagement is based solely on 
commercial considerations.
    (9) Localization Barriers to Trade: The principal 
negotiating objective regarding localization barriers to trade, 
set out in subparagraph 2(b)(9), is to eliminate and prevent 
measures that require U.S. producers and service provides 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 with respect to labor and the environment, set forth 
in subparagraph 2(b)(10), include ensuring that a party to a 
trade agreement with the United States adopts and maintains 
measures implementing internationally-recognized core labor 
standards and its obligations under common multilateral 
environmental agreements; does not waive or derogate from its 
statutes or regulations implementing internationally recognized 
core labor standards, in a manner affecting trade or investment 
between the United States and that party, where waiver or 
derogation would be inconsistent with one or more such 
standards; does not waive or derogate from its environmental 
laws in a manner that weakens 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 laws 
and provided not inconsistent with its obligations under common 
multilateral environmental agreements; and 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. The principal negotiating objectives also 
include: recognizing that with respect to the environment, 
parties retain the right to exercise prosecutorial discretion 
and to make decisions regarding the allocation of enforcement 
resources; recognizing with respect to labor, distribution of 
enforcement resources are not a reason for not complying with a 
party's labor obligations; strengthening the labor and 
environment capacity of U.S. trading partners; reducing or 
eliminating government practices or policies that unduly 
threaten sustainable development; seeking improved market 
access for U.S. environmental technologies, goods, and 
services; ensuring 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 U.S. exports or serve as disguised 
barriers to trade; ensuring that enforceable labor and 
environmental obligations are subject to the same dispute 
settlement procedures and remedies as other enforceable 
obligations; and ensuring that no other party is empowered by a 
trade agreement to undertake labor or environmental law 
enforcement activities in the territory of the United States.
    (11) Currency: The principal negotiating objective 
regarding currency practices, set out in subparagraph 2(b)(11), 
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: The principal 
negotiating objectives regarding the World Trade Organization, 
set out in subparagraph 2(b)(12), are to achieve full 
implementation and extend the coverage of WTO multilateral and 
plurilateral agreements, including expansion and enhancement of 
the Information Technology Agreement, the Government 
Procurement Agreement, and other WTO plurilateral agreements; 
to expand competitive market opportunities for U.S. exports and 
to obtain fairer and more open conditions of trade, including 
through utilization of global value chains; to seek new 
agreements, including an agreement on trade facilitation; to 
ensure that regional trade agreements comply with WTO 
disciplines; to enhance compliance through active participation 
in the bodies of the WTO; and to encourage greater cooperation 
between the WTO and other international organizations.
    (13) Trade Institution Transparency: The principal 
negotiating objective with respect to trade institution 
transparency, set forth in subparagraph 2(b)(13), is to seek 
improved transparency in the WTO, in institutions established 
through other trade agreements, and in other international 
trade fora.
    (14) Anti-Corruption: The principal negotiating objectives 
with respect to anti-corruption, set forth in subparagraph 
2(b)(14), are to obtain high standards and effective domestic 
enforcement mechanisms that prohibit attempts to use money or 
other things of value to influence acts, decisions, or 
omissions of foreign governments; to level the playing field 
for U.S. actors in trade and investment; and to seek 
commitments to support anti-corruption and anti-bribery 
initiatives in international fora.
    (15) Dispute Settlement and Enforcement: The principal 
negotiating objectives with respect to dispute settlement, set 
forth in subparagraph 2(b)(15), include seeking provisions that 
provide for resolution of disputes in an effective, 
transparent, and equitable manner; increase compliance with 
dispute settlement procedures; and seek adherence by WTO panels 
and the Appellate Body to their respective mandates and to 
apply the WTO Agreement as written.
    (16) Trade Remedy Laws: The principal negotiating objective 
with respect to trade remedies, set forth in subparagraph 
2(b)(16), is to preserve the ability to enforce rigorously U.S. 
trade laws, including antidumping, countervailing duty, and 
safeguard laws; to avoid agreements that lessen the 
effectiveness of unfair trade disciplines or safeguards; and to 
address and remedy market distortions that lead to dumping and 
subsidization.
    (17) Border Taxes: The principal negotiating objective 
regarding border taxes, set forth in subparagraph 2(b)(17), is 
to obtain a revision of the WTO rules 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 with respect to trade in textiles and apparel, set 
forth in subparagraph 2(b)(18), are to obtain opportunities for 
U.S. exports of textiles and apparel in foreign markets 
substantially equivalent to the competitive opportunities 
afforded foreign exports in U.S. markets and to achieve fairer 
and more open conditions of trade in textiles and apparel.
    (19) Commercial Partnerships: The principal negotiating 
objective set forth in subparagraph 2(b)(19) directs the 
Administration to seek to address boycotts, divestments, and 
sanctions against Israel in the TTIP negotiations.
    (20) Good Governance, Transparency, the Effective Operation 
of Legal Regimes, and the Rule of Law of Trading Partners: The 
principal negotiating objective set forth in subparagraph 
2(b)(20) directs the Administration 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.
    Section 2(c) sets out other priorities, including 
provisions to strengthen the capacity of U.S. trading partners 
to carry out obligations under trade agreements; to provide 
technical assistance if needed; to establish consultative 
mechanisms to develop and implement standards for the 
protection of the environment and human health based on sound 
science; to promote consideration of multilateral environmental 
agreements and to consult regarding the consistency of any 
trade measures of such agreements with WTO obligations; and an 
annual report on capacity-building activities undertaken in 
connection with trade negotiations and trade agreements.

Reason for change

    Section 2(a): The Committee believes that the overall 
negotiating objectives emphasize the need to open markets and 
strengthen the international trading system while ensuring that 
trade and environment policies are mutually supportive and 
promoting respect for core labor rights, all with the goal of 
fostering economic growth and full employment in the United 
States.
    In the list of overall negotiating objectives in H.R. 1890, 
the Committee intends to update and broaden objectives from 
2002 TPA with new and improved provisions. In subsections 
2(a)(2), (3), and (8), H.R. 1890 includes consideration of 
investment issues as well as trade issues. The additions to 
section 2(a)(8) reflect the view of this Committee that trade 
and investment barriers that disproportionately impact small 
businesses include inefficient customs administration because 
small businesses often lack the resources necessary to navigate 
unnecessarily opaque or inefficient customs requirements. 
Accordingly, this Committee believes that a robust trade 
facilitation agenda will reduce or eliminate some of these 
burdens.
    In subsection (2)(a)(4), H.R. 1890 directs the 
Administration to ``enhance U.S. competitiveness,'' by which 
the Committee expects a comprehensive approach to improving the 
ability of U.S. manufacturers, service providers, and farmers 
to compete in the global economy, including by using trade 
agreements to promote U.S. participation in global value 
chains, as addressed elsewhere in the legislation.
    Subsection (2)(a)(10) is a new objective, directing the 
Administration to address market access barriers in a 
comprehensive manner and seek commitments in trade agreements 
that address these issues across chapters. This objective is 
one of several new provisions that address the ability of U.S. 
firms to participate in global value chains and ensure that 
trade agreements reflect the increasingly interrelated and 
multi-sectoral nature of trade and investment activity.
    Subsection 2(a)(10) demonstrates the view of this Committee 
that trade agreements should reflect the actual nature of trade 
and investment activity so as to facilitate greater commercial 
gains--in practice--for the United States, and that the U.S. 
negotiating position should give priority to identifying and 
addressing these trade and investment realities. In particular, 
this Committee believes that trade agreements should both 
reflect and facilitate the interrelated, multi-sectoral nature 
of trade and investment activity in which a typical U.S. export 
requires goods and services from various sectors, integrated 
into a common global value chain. In addition, U.S. service 
providers increasingly operate across all modes of service 
provision, such that a single services export may be dependent 
on both establishment rights and the various forms of cross-
border market access. Trade and investment are also 
increasingly interdependent, with U.S. exporters requiring a 
global presence to market and service U.S. exports abroad. As a 
result of these interrelations, a trade agreement could succeed 
in eliminating all barriers in one sector but nonetheless fail 
to produce adequate commercial gains for the United States in 
that sector because of remaining barriers in an interrelated 
sector. The same holds for interrelated modes of trade and 
investment. Accordingly, this objective directs the 
Administration to develop creative and integrated solutions 
through trade agreements.
    The Committee also notes that global value chains have 
developed, in part, as a result of U.S. free trade agreements. 
The creation of new U.S. trade agreements should seek to expand 
upon those global value chains and take into consideration any 
negative impact that new agreements might have on global value 
chains that have developed as the result of previous U.S. trade 
agreements.
    Subsection 2(a)(12) is a new provision, directing the 
Administration to recognize the growing significance of the 
Internet as a trading platform in international commerce, 
benefitting the U.S. and global economy. As a result, this 
legislation provides numerous related provisions that 
facilitate continued growth of digital trade, which includes 
both trade in digital goods and services and Internet-enabled 
trade in goods and services.
    Subsection 2(a)(13) appeared in 2002 TPA in subsection 
2102(c)(6) in the section on ``Promotion of Certain 
Priorities.'' The inclusion of this provision as an overall 
negotiating objective in 2015 TPA is meant to ensure that the 
United States will seek to maintain its high levels of 
protection when addressing regulatory issues in trade 
agreements and to make clear that efforts should not add to or 
detract from that level of protection.
    Section 2(b): Principal Trade Negotiating Objectives.
    (1) Trade in Goods: The first negotiating objective covers 
any tariff or non-tariff barrier as well as any policy or 
practice that is directly related to trade, regardless of 
whether the barrier is imposed at the foreign border or at some 
other point, such as internal barriers. Moreover, H.R. 1890 
addresses policies and practices, not merely a law ``on its 
face,'', which includes a policy or practice that has the de 
facto effect of impeding U.S. imports or exports, as well as de 
jure barriers. In addition, the concept ``policy or practice'' 
covers barriers imposed under, for example, a regulatory, 
administrative, adjudicatory, or investigatory exercise of any 
level of foreign government authority, and is not limited to 
statutory barriers. Additional guidance on these measures is 
provided elsewhere in this section.
    New language in this provision directs the Administration 
to take into account and encourage the utilization of global 
value chains that benefit the United States. The Committee 
intends that this goal should be accomplished through expanded 
provisions on trade facilitation in trade agreements, quick 
implementation of a trade facilitation agreement at the World 
Trade Organization, and expanded multilateral efforts. A 
successful example of the utilization of global value chains is 
the development of a hemispheric textile and apparel industry 
that resulted from the Dominican Republic-Central America Free 
Trade Agreement with the United States, which created markets 
in Central America for U.S. design, research and development, 
and inputs.
    In section 2(b)(1)(B), the Committee intends that the 
Administration continue to seek the elimination of duties on a 
reciprocal basis for products covered in section 111(b) of the 
Uruguay Round Agreements Act, as described in page 45 of the 
Statement of Administrative Action accompanying that Act. 
Although the United States was successful in obtaining the 
reciprocal elimination of duties for many products contained in 
that list as part of the Information Technology Agreement (ITA) 
negotiated under the auspices of the World Trade Organization, 
there are many products on the list for which zero-for-zero 
agreements have not been reached. The Committee notes that one 
area of great promise is trade in environmental goods. The 
Committee also notes that the Administration should seek to 
expand product coverage of existing agreements. It is the 
Committee's intention that the Administration pay particular 
attention to the elimination of tariffs on information 
technology products through the expansion of the ITA, which 
would result in substantial benefits to U.S. industry and its 
workers. For many of these products, U.S. producers remain at a 
significant competitive disadvantage while foreign suppliers 
are able to expand capacity behind high tariff walls.
    In other sectors, tariff inequities are aggravated by 
tariff escalation, which occur when a U.S. trading partner 
establishes low or zero tariffs for raw materials but maintains 
relatively high tariffs for processed products, thus 
disadvantaging U.S. exporters of value-added products. The 
Committee intends that the Administration continue to pursue 
ending such practices for the sectors covered by the 
proclamation authority provided in section 111(b) of the 
Uruguay Round Agreements Act.
    The Committee emphasizes that the overall negotiating 
objectives to obtain more open, equitable, and reciprocal 
market access and to reduce distortions that decrease market 
opportunities for United States exports and otherwise distort 
trade are increasingly important for the domestic textile and 
apparel industry. Pursuit of opportunities through trade 
agreements to utilize global value chains in this sector also 
requires close consultation with Congress and affected parties.
    (2) Trade in Services: Section 2(b)(2) reflects the view of 
this Committee that trade agreements should be structured to 
expand U.S. services trade substantially. Cross-border services 
exports now exceed $500 billion annually, generating large, 
consistent trade surpluses in the sector. Yet cross-border U.S. 
services exports continue to comprise less than 15 percent of 
total U.S. exports, and the United States exports a much lower 
percentage of its overall services production than of its goods 
production. This Committee intends the parallelism between the 
objectives regarding trade in services and the objectives 
regarding trade in goods to signal the importance of expanding 
U.S. services exports as well, in the manner described in the 
bill.
    As in the objectives regarding trade in goods, sections 
2(b)(2) reflects the view of this Committee that: (1) non-
tariff barriers, including regulatory barriers, are 
increasingly responsible for the distorted playing field that 
U.S. exporters face in the global market; and (2) trade 
agreements must seek to reduce or eliminate such barriers. In 
bilateral and multilateral trade agreements, the Committee 
believes it is important to: (1) achieve maximum liberalization 
of trade in all modes of supply, including cross border supply 
of services and movement of natural persons, across the widest 
possible range of services; (2) provide rights of establishment 
with majority ownership and national treatment for companies 
operating in foreign markets; (3) allow investors to establish 
in whatever corporate form is most appropriate to their 
business objectives; (4) grandfather existing liberalization 
commitments; (5) create a free and open commercial environment 
for the development of digital trade; (6) ensure that market 
access commitments apply no matter what technology is used to 
deliver the service; (7) promote domestic regulatory reform, 
with the objective of committing governments to avoid 
discrimination against U.S. service suppliers in their current 
and future regulations; (8) promote transparency of regulatory 
processes, including rule-making, granting of licenses, setting 
of standards, and judicial and arbitral proceedings; (9) 
challenge both the desirability and the feasibility of a 
services safeguard regime, especially in light of the impact of 
such a provision on the climate for foreign direct investment; 
and (10) explicitly acknowledge the importance of maintaining 
free flows of financial and other information that is necessary 
for the operation of global business.
    Given the breadth of U.S. services exports, the modes by 
which they are provided, and the barriers that these exports 
face in foreign markets, many provisions of the bill beyond the 
objectives regarding trade in services are relevant to U.S. 
services exporters and should be recognized by U.S. trade 
negotiators as interrelated, including objectives regarding 
foreign investment, intellectual property, digital trade in 
goods and services and cross-border data flows, regulatory 
practices, state-owned and state-controlled enterprises, 
localization barriers to trade, and others, as well as the 
numerous provisions of the bill that make trade facilitation a 
priority. This Committee intends the overall negotiating 
objective described at section 2(a)(10) to be applied to the 
services sector in a manner that ensures that trade agreements 
do not focus artificially on a mode or subsector in isolation 
in a manner that diminishes the commercial value of obligations 
agreed to with regard to that mode or subsector due to 
unaddressed barriers to services exports within an interrelated 
mode or subsector.
    U.S. services account for a significant percentage of the 
value-added in U.S. goods and agriculture exports, as well as 
in many foreign exports around the globe, thereby producing 
well-paid jobs in the United States. The Committee intends the 
reference in sections 2(b)(2) to ``utilization of global value 
chains'' to include the importance of continuing to expand 
opportunities for U.S. services providers to participate in 
global value chains for U.S. and foreign goods and services 
exports. As a result of their role in global value chains, U.S. 
services exports generate economic growth throughout the U.S. 
economy, including with regard to U.S. manufacturing, 
agriculture, and extractive industry exports. Both U.S. goods 
and services exporters depend on an extensive set of services 
to design, produce, finance, insure, sell, transport, and 
service their exports.
    Section 2(b)(2)(B) reflects this Committee's strong 
commitment to a robust bilateral, regional, plurilateral, and 
multilateral services trade agenda, including a high-standard 
Trade in Services Agreement (TISA) that is open to any WTO 
country that is willing and able to meet that high standard--
but only such countries. The Committee has serious unresolved 
concerns about whether, at this time, China is willing and able 
to meet the high standard of TISA. The Committee believes that, 
with regard to those WTO members that join TISA, the 
liberalization of services in TISA must substantially exceed 
what has already been achieved in the WTO General Agreement on 
Trade in Services (GATS) and must reflect the many developments 
in the services sector and in bilateral services trade 
obligations since the GATS was concluded.
    This Committee expects trade agreements, including TISA, to 
extend both to existing services and to new services that do 
not yet exist at the time that the agreement enters into force. 
As a result, this Committee believes that a ``negative list'' 
approach is superior to the ``positive list'' approach of the 
GATS in accomplishing the liberalization across a wide range of 
sectors that these objectives on trade in services anticipate. 
In other words, the Committee believes that U.S. negotiators 
should push countries to schedule complete liberalization with 
a list of exceptions only where necessary.
    This Committee expects the services liberalization that 
TISA generates to feed back into greater momentum for services 
liberalization at the WTO. At such time as productive 
multilateral services negotiations at the WTO are possible, the 
Committee believes the negotiations must be effective in 
increasing substantive liberalization commitments across the 
wide range of services in which the United States is 
competitive. In addition to the ``request and offer'' approach 
pursued in the Doha Round, which can be cumbersome and slow for 
services, the Committee supports the use of other more 
efficient negotiating techniques and strategies. The Committee 
urges negotiators to continue exploring the development of 
negotiating techniques such as model schedules, horizontal 
approaches, and clusters.
    (3) Trade in Agriculture: With respect to the negotiating 
objective relating to reciprocal trade in agriculture, the 
Committee intends that the United States obtain a level playing 
field throughout the world for U.S. exporters seeking market 
access abroad. The Committee recognizes that trade in 
agriculture is a pivotal issue in all trade negotiations, 
whether bilateral, regional, or multilateral. Thus, the 
Committee has set forth specific objectives, recognizing the 
need to open markets for U.S. agricultural exports, while 
taking into account the import-sensitive portion of the U.S. 
agriculture sector.
    The Committee intends for U.S. negotiators to seek to 
accomplish the objectives set forth in section 2(b)(3). 
Reducing or eliminating foreign tariffs and subsidies continue 
to be critical objectives, but the Committee notes that other 
countries' unjustified sanitary and phytosanitary measures that 
ignore science and international standards are a growing 
barrier to U.S. agricultural exports. The Committee intends 
that U.S. negotiators seek enforceable robust rules on sanitary 
measures, including that such measures be science-based or 
otherwise comply with international standards and that they be 
established and implemented in a transparent, risk-based 
manner. In addition, negotiators are directed to eliminate 
practices that decrease U.S. market access or distort U.S. or 
foreign markets, including the monopoly status of state trading 
enterprises; unjustified trade restrictions or commercial 
requirements affecting new technologies, including 
biotechnology; other unjustified barriers to trade; and trade-
restrictive rules in the administration of tariff rate quotas. 
The Committee also believes that U.S. trade negotiators should 
work to preserve the right of the United States to use 
agricultural export credit and market development programs, as 
well as bona fide food aid, and to establish a common base year 
for the Aggregate Measure of Support.
    With regard to biotechnology, the Committee notes that 
foreign sanitary and phytosanitary barriers that are not based 
on science and unpredictable foreign regulatory approval 
systems have significantly impeded market access for U.S. 
exports. These restrictions--both regulatory and non-
regulatory--prevent U.S. biotech products and U.S. crops grown 
with biotech seeds from reaching foreign markets. These 
restrictions include lengthy approval processes, including in 
some cases delays in beginning the approval process until 
country of origin review processes have been completed. These 
delays, particularly in important markets like Europe and 
China, mean that U.S. farmers are reluctant to plant seeds with 
new biotech traits. These delays appear to be based on 
considerations other than sound science. The Committee also 
notes concern with recent proposals that would make it easier 
for EU Member States to block the importation or cultivation of 
biotech products. This unpredictable environment results in 
delays in the adoption of innovative products both in overseas 
markets and in the United States.
    The Committee intends for several principal negotiating 
objectives in H.R. 1890 are relevant to address foreign 
regulatory approval processes that are being used as a trade 
barrier to new agriculture technologies. In particular, the 
Committee references the objectives in Section 2(b)(3)(A); 
Sections 2(b)(3)(I)(ii)-(iv); Section 2(b)(5)(A)(iii); Section 
2(b)(5)(B); and Section 2(b)(7)(A)-(E), and Section 2(b)(7)(H), 
among others.
    The Committee strongly believes that no trade agreement 
shall exclude any specific agricultural product from the 
agreement's obligations or provide different or unequal 
treatment to that agricultural product under the agreement's 
obligations. In addition, no trade agreement shall provide 
``safe harbors'' or other similar provisions to exclude or 
limit the applicability of any of the agreement's obligations 
to provide nondiscriminatory and transparent regulatory 
treatment and regulatory due process with respect to any 
specific agriculture product or to restrict or deny access to 
dispute settlement. The Committee believes that such exclusions 
or discriminatory treatment are unnecessary because the 
negotiating objectives in this bill provide ample authority for 
countries to regulate to protect human, animal, or plant health 
in a manner consistent with their international obligations.
    The Committee recognizes that in order for the U.S. 
agricultural sector to compete on a level global playing field, 
the U.S. Trade Representative must seek disciplines on domestic 
support polices abroad. These disciplines will help ensure that 
U.S. producers face an international trade environment that is 
based upon world market prices.
    The Committee believes that USTR should recognize the 
import sensitivity of certain agriculture products, for example 
by seeking reasonable adjustment periods for these products. 
The Committee also believes that USTR should seek improved 
import relief mechanisms that recognize the unique 
characteristics of perishable and cyclical agriculture.
    The Committee directs USTR to take into account during 
trade negotiations whether a trading partner has failed to 
adhere to existing agreements, and whether trade in a specific 
product is subject to market distortions resulting from the 
failure of a major producing country to comply with its trade 
agreements with the United States.
    The Committee intends that the Administration seek an end 
to unjustified restrictions that affect new technologies, such 
as labeling when used as an unjustified restriction.
    Finally, the Committee notes with alarm that the improper 
use by other countries of their systems for protecting and 
recognizing geographical indications, including failing to 
ensure transparency and procedural fairness and protecting 
generic terms, is becoming a significant market access barrier 
for U.S. agricultural exports. The Committee notes that its 
concern includes expansion of geographical indications to cover 
terms that either never had or no longer have any geographical 
significance, including terms of a descriptive or generic 
nature. The Committee is greatly concerned about such 
practices, particularly in the European Union and through the 
EU's trade agreements, and intends that the Administration 
eliminate or prevent them.
    (4) Foreign Investment: The foreign investment negotiating 
objective from the 2002 law continues to strike the appropriate 
balance with respect to obtaining investment protections for 
U.S. investors. Accordingly, the objective is unchanged in 2015 
TPA, and U.S. law and the protections that it accords to 
investors continue to reflect this Committee's intent for trade 
agreements. U.S. investors continue to face unfair treatment by 
many countries that do not accord appropriate levels of 
protection, whether in law or in practice. This is the case 
both for U.S. investors that are already established in another 
country and for those that are seeking to establish, so trade 
agreements must include both pre-establishment and post-
establishment protections.
    U.S. companies investing abroad do so to boost U.S. exports 
and enhance U.S. competitiveness by getting closer to global 
markets, acquiring new technologies, forming strategic 
alliances, and integrating their global value chains. Foreign 
investment is increasingly crucial to the ability of U.S. 
companies to export, and to the international competitiveness 
of U.S. companies. The Committee believes that, because trade 
and investment flows are interdependent, rules protecting 
United States investment abroad must be rigorous and 
enforceable.
    The United States has long been the champion of 
international investment rules because U.S. investors have more 
capital at risk than investors from any other country, and, 
thus, have the most to gain from effective mechanisms for 
enforcing investor protections. Foreign investors are afforded 
strong protections through the U.S. Constitution, U.S. laws, 
and the U.S. court system, with or without an investment 
agreement. In contrast, U.S. investors abroad are often 
consigned to foreign laws that may not reflect U.S. or 
international legal standards and local courts that may be 
corrupt or do not provide impartial adjudication.
    Therefore, the Committee intends U.S. negotiators to 
continue to fight for the recognition of the international rule 
of law and respect for international dispute resolution bodies. 
Future trade agreements should guarantee the free movement of 
capital, prohibit performance requirements such as local 
content and export performance requirements, and include, in 
bilateral and regional agreements, a mechanism to allow 
investors to arbitrate investment disputes with host 
governments and obtain relief for damages resulting from 
violations of the agreement. The Committee emphasizes that 
these rights should be available to all sectors of the economy.
    The Committee recognizes that the investor-state dispute 
settlement mechanism is a valuable component of investment 
agreements in order to allow U.S. investors access to the rule 
of law and procedures that would be available in the United 
States and acknowledges that the improvements and safeguards 
identified continue to be important. Specifically, the 
Committee intends U.S. negotiators to continue to: (1) seek 
mechanisms to eliminate frivolous claims; (2) ensure the 
efficient selection of arbitrators and the expeditious 
disposition of claims and procedures; and (3) increase 
transparency in investment disputes by, for example, ensuring 
that briefs and arbitration proceedings are open to public view 
and that tribunals are able to accept amicus submissions from 
interested members of the public who wish to express their 
views on issues before the tribunals.
    (5) Intellectual Property: Piracy and counterfeiting rates 
in much of the world remain alarmingly high. The rapid 
globalization of the world economy in the Internet age means 
that piracy, counterfeiting, and other intellectual property 
rights violations are, to an increasing extent, global 
problems. U.S. industries based on copyright, patent, 
trademark, and other forms of intellectual property rights are 
among the fastest growing and most productive of all sectors of 
the U.S. economy. To enable these export-oriented industries to 
prosper, it is essential that the United States work together 
with governments throughout the world to prevent, punish, and 
ultimately deter these violations.
    Section 2(b)(5)(A)(vi) reflects the view of this Committee 
that the involvement of foreign governments in the violation of 
U.S. intellectual property rights, including piracy and cyber 
theft, is an increasing impediment to a level playing field for 
U.S. trade and investment, which requires new provisions in 
trade agreements to prohibit such governmental action.
    This Committee strongly believes that the previously 
agreed-to obligations regarding protection and enforcement 
embodied in the WTO Trade-Related Intellectual Property Rights 
(TRIPS) Agreement must be effectively, fully, and immediately 
implemented. The enforcement obligations of the TRIPS Agreement 
are particularly important. Many countries continue to enforce 
intellectual property rights inadequately, as described in the 
annual Special 301 Report issued by the Office of the United 
States Trade Representative. Without effective enforcement, the 
full benefits of the TRIPS Agreement cannot be realized. 
Achieving full implementation of TRIPS should be a top priority 
of U.S. Executive Branch agencies charged with trade policy 
responsibilities.
    The Committee has updated section 2(b)(5)(A)(ii) of the 
bill to emphasize the critical importance of including in U.S. 
trade agreements IP provisions that facilitate legitimate 
digital trade. In particular, this section reflects the view of 
the Committee that U.S. trade agreements should contain 
copyright provisions that provide adequate and effective 
protection for U.S. right holders as well as foster an 
appropriate balance in copyright systems, inter alia by means 
of limitations and exceptions consistent with the 
internationally recognized 3-step test.
    Section 2(b)(5)(A)(ii) reflects the view of this Committee 
that U.S. objectives regarding intellectual property are 
advanced through strong protection for technologies and methods 
of transmitting and distributing products embodying 
intellectual property, including in a manner that facilitates 
legitimate digital trade, whether those technologies and 
methods have already emerged or are yet to be created when a 
trade agreement enters into force. This view is consistent with 
the objective of combatting piracy and counterfeiting.
    Another important objective is to ensure that standards of 
protection and enforcement keep pace with rapid technological 
developments. For example, the Executive Branch should 
encourage countries to ratify and implement the World 
Intellectual Property Organization's (WIPO) Copyright Treaty 
and the WIPO Performances and Phonograms Treaty, which reflect 
enhanced global minimum standards of protection and enforcement 
for the networked digital environment.
    Section 2(b)(5) also reflects the view of this Committee 
that strong intellectual property rights protection should be 
accompanied by provisions on liability that are consistent with 
U.S. law, including the Digital Millennium Copyright Act, and 
that provide limitations on the scope of remedies available 
against service providers for copyright infringements they do 
not control, initiate, or direct, and that take place through 
systems or networks, controlled or operated by them or on their 
behalf. Such limitations also must create legal incentives for 
service providers to cooperate with copyright owners in 
deterring the unauthorized storage, and transmission of 
copyrighted materials.
    Section 2(b)(5)(C) reflects the view of this Committee that 
trade agreements can, and should, both foster pharmaceutical 
innovation and promote human access to medicines.
    Finally, U.S. intellectual property industries based on 
intellectual property continue to suffer from unnecessary and 
discriminatory market access barriers around the globe. U.S. 
negotiators must remain vigilant and excise these barriers 
because they stunt the growth of otherwise highly productive 
industries.
    (6) Digital Trade in Goods and Services and Cross-Border 
Data Flows: Section 2(b)(6) reflects the view of this Committee 
that digital trade in goods and services is a critical 
component of U.S. trade and extends beyond the term ``e-
commerce,'' encompassing both trade in digital goods and 
services and Internet-enabled trade in goods and services. The 
terms ``digital'' and ``electronically'' are to be interpreted 
broadly with regard to the technology used, whether digital, 
electronic, analog, or other technology associated with the 
Internet or successor platforms.
    Section 2(b)(6) also reflects the view of this Committee 
that cross-border data flows are critical both to U.S. digital 
trade and to U.S. trade and investment across all other 
sectors. U.S. companies depend on the free flow of data across 
borders to identify market opportunities, innovate and develop 
new goods and services, maintain supply chains, and serve their 
customers around the globe. Both U.S. companies engaged in 
digital trade and U.S. exporters and investors outside of the 
digital trade space depend on cross-border data flows to 
effectively market and service their exports and to manage 
their global networks of customers, human resources, and 
vendors. As such, the term ``cross-border data flows'' is to be 
interpreted broadly with regard to the technology employed, to 
include ``electronic movement of information across borders,'' 
as described in the 2002 Act, as well as movement of 
information across borders by other means. Cross-border data 
flows are also to be interpreted to include not only transfer 
of data across borders but also processing and storage of that 
data abroad.
    Section 2(b)(6)(C) directs negotiators to seek provisions 
in trade agreements to ensure that governments refrain from 
imposing restrictions on cross-border data flows or 
requirements to store and process data locally, which are 
detrimental to all sectors of the economy. The Committee 
expects U.S. negotiators to pursue provisions that afford equal 
protection to all sectors, including financial services.
    Disciplines important to digital trade or to cross-border 
data flows are cross-cutting in nature, and thus other 
negotiating objectives described elsewhere in this section are 
relevant, including trade in goods, trade in services, foreign 
investment, intellectual property, regulatory practices, state-
owned and state-controlled enterprises, localization barriers, 
and others. An essential negotiating objective of the United 
States must be to ensure that current trade obligations, rules, 
disciplines, and commitments--including in bilateral, regional 
and plurilateral agreements, as well as in WTO agreements such 
as the General Agreement on Tariffs and Trade (GATT), General 
Agreement on Trade in Services (GATS), Agreement on Trade-
Related Aspects of Intellectual Property Rights (TRIPS), 
Information Technology Agreement (ITA) (with regard to 
information technology used in digital trade or cross-border 
data flows), and Government Procurement Agreement (GPA)--apply 
to digital trade and to cross-border data flows, which the 
Committee views as critical to U.S. international 
competitiveness.
    The Committee intends that United States negotiators work 
to: (1) ensure that goods and services that are delivered 
electronically, digitally, or by similar means receive no less 
favorable treatment under trade rules and commitments than 
similar products or services delivered by other means; (2) 
ensure that the classification of such goods and services, 
whether they exist when a trade agreement enters into force or 
are newly developed afterward, represents the most liberal 
treatment possible; (3) ensure that governments refrain from 
implementing measures that impede digital trade, that restrict 
cross-border transfer, processing, or storage of data, or that, 
in particular, require local storage or processing of data; (4) 
obtain commitments from U.S. trading partners that, where 
legitimate policy objectives require domestic regulations that 
affect electronic commerce, those regulations will be least 
trade-restrictive, nondiscriminatory, and transparent, and will 
promote open markets; (5) achieve the extension of the WTO 
moratorium on duties on electronic transmissions in order to 
facilitate digital trade and cross-border data flows; (6) 
remove tariff and non-tariff barriers that impede trade in the 
hardware and the software used to deploy, market, and access 
the infrastructure for digital trade and for cross-border data 
flows, as well as the goods and services that are traded 
electronically; (7) achieve full market access and national 
treatment commitments for services that provide the 
infrastructure for the Internet and digital trade (e.g., 
telecommunication, computer, advertising, financial, 
distribution, and express delivery services), including 
services delivered digitally, electronically, or by similar 
means; (8) expand and deepen basic and value-added 
telecommunications commitments, including the Reference Paper 
commitments for basic telecommunications services; and (9) 
deter attempts to apply basic telecommunications regulations to 
competitive value-added, Internet Service Providers (ISP), and 
other Internet-related services.
    The Trans-Pacific Partnership Agreement, the Trans-Atlantic 
Trade and Investment Partnership Agreement, and the Trade in 
Services Agreement each represents an important opportunity to 
achieve the objectives on digital trade and cross-border data 
flows described in the legislation and in this report, which go 
beyond the commitments made by the U.S.-Korea Free Trade 
Agreement. The view of this Committee is that the high standard 
laid out in the negotiating objectives on digital trade and 
cross-border data flows can be accomplished in a manner that 
respects different approaches by different countries to 
regulation of data privacy and data security that are 
consistent with the terms described in the bill and in this 
report.
    (7) Regulatory Practices: In line with the changing nature 
of barriers to trade, and in particular the rising importance 
of non-tariff barriers, the negotiating objectives on 
regulatory practices have been significantly expanded from 2002 
TPA.
    ``Regulatory coherence'' has been given great attention by 
many U.S. industry groups in approaching new trade 
negotiations, particularly with regard to negotiations with the 
European Union. There is an increasing consensus across the 
spectrum of U.S. industry that legally binding commitments to 
remove or lower trade barriers abroad can be nullified by 
decisions, either of national and regional governments or 
industry standard setting and accrediting bodies, that are 
taken as part of regulatory processes. It has also become clear 
to the Committee that regulatory reform encompasses three 
important prongs: (1) transparency, including the ability of 
all affected parties to participate in rule-making process; (2) 
the need to ensure that regulations are fair and that they are 
applied without regard to the nationality of the industry or 
company affected by them; and (3) the need to expand 
cooperative activities to encourage regulatory harmonization, 
cooperation, and coherence.
    It is the Committee's intent that each of these prongs 
should be pursued while maintaining the strong levels of 
protection embodied in U.S. law. To reflect this important 
concept, the legislation establishes an overall negotiating 
objective that ensures that the President continue to take into 
account legitimate United States domestic objectives, 
including, but not limited to, the protection of legitimate 
health or safety, essential security, and consumer interests. 
New provisions affirm that trade agreements cannot change U.S. 
law without Congressional action, nor prevent the United States 
from changing its law in the future, and confirm that U.S. law 
prevails in the event of a conflict.
    While it is taken for granted in the United States that 
government processes take place in the ``sunshine,'' such is 
not the case in many other countries. Recent trade agreements 
have encouraged greater transparency and cooperation in 
regulatory processes, but the Committee believes that more 
needs to be done. It is imperative that U.S. stakeholders be 
given an opportunity for meaningful participation in the 
development of regulations abroad. Thus, the Committee strongly 
urges USTR to pursue strenuously the negotiation of 
crosscutting transparency disciplines, particularly in the 
areas of services, digital trade, and government procurement.
    The realization of these negotiating objectives may require 
the negotiation of special rules that meet the needs of 
specific sectors for transparency and fair regulatory systems. 
In addition, consultative mechanisms are needed to promote 
increased transparency in the development of guidelines, rules, 
regulations, and laws for government procurement and other 
regulatory regimes. Moreover, the Committee's strong view is 
that transparent and fair regulatory systems are essential to 
the continued economic development of U.S. trading partners 
around the world.
    This provision also includes new language directing the 
Administration to ensure that foreign governments base 
regulations on objective evidence and use sound scientific 
practices. It also directs the Administration to seek improved 
regulatory practices, promote regulatory coherence, and promote 
regulatory compatibility through harmonization, equivalence, or 
mutual recognition. It is the Committee's intent that the 
Administration should seek to achieve these objectives with 
regard to all sectors of the economy and that no sector should 
be prima facie excluded from these discussions in any trade 
negotiation, such as financial services in the TTIP 
negotiations.
    The Act also includes new and expanded provisions directing 
the Administration to seek greater openness, transparency, and 
convergence of standards-development processes and encouraging 
the use of international and interoperable standards. Such 
concepts are particularly important for high-tech and 
innovative industries.
    Section 2(b)(7)(E) reflects the view of this Committee 
that, in some areas, regulatory compatibility is best 
accomplished through harmonization, equivalence, or mutual 
recognition of different regulations and standards and that, in 
some areas, it is best accomplished through the use of global 
or interoperable standards.
    Section 2(b)(7)(H)(i) reflects the view of this Committee 
that foreign governments impede a level playing field for U.S. 
trade and investment when, as is increasingly the case, they 
signal or require that unnecessary undisclosed proprietary 
information must be shared with them or with foreign 
government-affiliated entities in order for U.S. companies to 
obtain approval to invest, obtain licenses or permits, or 
receive other government approvals. Often the foreign 
government shares such information with state-owned competitors 
or otherwise fails to appropriately protect such information 
from disclosure. Undisclosed proprietary information includes 
all forms and types of financial, business, scientific, 
technical, economic, or engineering information, including 
patterns, plans, compilations, program devices, formulas, 
designs, prototypes, methods, techniques, processes, 
procedures, programs, or codes, whether tangible or intangible, 
and whether or how stored, compiled, or memorialized 
physically, electronically, graphically, photographically, or 
in writing. Undisclosed proprietary information includes trade 
secrets. This objective seeks to address this significant 
barrier to U.S. trade and investment.
    Section 2(b)(7)(H)(ii) reflects the related view of this 
Committee that a level playing field in the trade arena also 
requires that governments protect U.S. persons' undisclosed 
proprietary information, such as product design schematics and 
software source code, from disclosure to competitors and 
others. This provision does not address data exclusivity 
regulations for pharmaceutical products, which are to be 
addressed in a manner consistent with the objectives on 
intellectual property described in the bill and this report.
    The Committee notes that regulatory barriers are also 
addressed in several other negotiating objectives. For example, 
updated provisions in the agriculture negotiating objective 
seek robust and enforceable rules on sanitary and phytosanitary 
measures and address improper use of geographical indications. 
Similarly, new provisions direct trade negotiators to ensure 
that governments allow cross-border data flows, do not require 
local storage or processing of data, and refrain from 
instituting other trade-related impediments to digital trade.
    (8) State-Owned and State-Controlled Enterprises: The 
addition of section 2(b)(8) reflects the view of this Committee 
that trade distortions, unfair competition, and actions based 
on other than commercial considerations by state-owned and/or 
state-controlled enterprises, to the extent of their engagement 
in commercial activity, are a major and increasing impediment 
to a level playing field for U.S. exporters and investors. The 
Committee considers disciplines that eliminate discrimination 
and market-distorting subsidies and that promote transparency 
to be critical to this objective.
    (9) Localization Barriers to Trade: A new negotiating 
objective calls for eliminating and preventing measures that 
require U.S. 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. The addition of section 2(b)(9) 
reflects the view of this Committee that localization barriers 
to trade are a major and increasing impediment to a level 
playing field for U.S. exporters of both goods and services, as 
well as investors. Forced localization of facilities, as 
described in this provision, includes, but is not limited to, 
forced localization of computer servers and, thus, relates to 
the objectives on digital trade in goods and services and 
cross-border data flows, which identify the need for 
disciplines on measures that require local storage or 
processing of data. Localization barriers have been addressed 
in various chapters of recent free trade agreements, and 
aspects of those barriers have been included (and continue to 
be included) in other TPA negotiating objectives. This 
provision also relates closely to the objectives on foreign 
investment and on intellectual property in the bill and, in 
particular, reflect this Committee's expectation that the 
performance requirement included in the 2012 model Bilateral 
Investment Treaty will also be included in the Trans-Pacific 
Partnership Agreement and other future trade agreements.
    (10) Labor and the Environment: The negotiating objective 
on labor and the environment has been updated to reflect 
specifically the practice of the most recent trade agreements, 
with Peru, Colombia, Panama, and South Korea. The Committee 
notes with satisfaction that no changes to U.S. labor or 
environmental laws have been required to implement any of the 
four agreements to which the May 10th Agreement provisions have 
applied and expects the same result regarding future 
agreements.
    Consistent with the practice of the most recent trade 
agreements, this objective directs the Administration to seek 
commitments to ensure trading partners adopt and maintain in 
their own laws five core internationally-recognized labor 
standards, as stated in the 1998 ILO Declaration on the 
Fundamental Principles and Rights at Work:
          (1) freedom of association;
          (2) the effective recognition of the right to 
        collective bargaining;
          (3) the elimination of all forms of forced or 
        compulsory labor;
          (4) the effective abolition of child labor and a 
        prohibition on the worst forms of child labor; and
          (5) the elimination of discrimination in respect of 
        employment and occupation.
    A new provision directs USTR to seek to ensure that trading 
partners adopt and maintain in their own laws obligations under 
any of the following MEAs to which they and the United States 
are both full parties, and other agreements they may agree 
upon:
          (1) Convention on International Trade in Endangered 
        Species;
          (2) Montreal Protocol on Ozone Depleting Substances;
          (3) Convention on Marine Pollution;
          (4) Inter-American Tropical Tuna Convention;
          (5) Ramsar Convention on the Wetlands;
          (6) International Convention for the Regulation of 
        Whaling; and
          (7) Convention on Conservation of Antarctic Marine 
        Living Resources including current and future mutually-
        agreed protocols, amendments, annexes or adjustments to 
        such an agreement.
    The updated objective also requires that trading partners 
not fail to effectively enforce labor laws or environmental 
laws through a sustained or recurring course of action or 
inaction in a manner affecting trade or investment.
    The updated objective prohibits trading partners from 
waiving or derogating from their labor laws in a manner 
inconsistent with the core internationally-recognized labor 
standards and affecting trade or investment with the United 
States. Similarly, the objective prohibits trading partners 
from waiving or derogating from their environmental laws in a 
manner that weakens or reduces the protections afforded and 
affects trade or investment with the United States, except as 
provided in its law and provided not inconsistent with its 
obligations under common MEAs or other provisions of the trade 
agreement specifically agreed upon. It is the Committee's 
intention that the definition of ``Common Multilateral 
Environmental Agreement'' in section 11(6) prohibits the 
inclusion of additional MEAs not listed in that definition 
unless ``both the United States and one or more other parties 
to the negotiations . . . are full parties'' to the MEA. This 
means that the Administration should not include MEAs unless 
Congress has assented to the status of the United States as a 
full party.
    The objective clarifies that decisions on distribution of 
enforcement resources are not a reason for not complying with 
labor obligations, that a trading partner retains the right to 
reasonable exercise of discretion and to make bona fide 
decisions on resource allocation between labor enforcement 
activities among core labor standards, provided not 
inconsistent with its obligations, and on resource allocation 
with respect to other environmental laws determined to have 
higher priorities.
    Consistent with the most recent trade agreements, this 
objective provides that enforceable labor and environmental 
obligations are subject to the same dispute settlement and 
remedies as other enforceable obligations under a trade 
agreement.
    In addition, and consistent with past U.S. trade 
agreements, the negotiating objective ensures that trading 
partners are not empowered to undertake enforcement activity in 
the United States.
    In determining whether foreign government policies and 
practices are covered by this negotiating objective, the 
Committee intends that USTR consult closely with the Congress, 
the private sector, and other interested groups.
    The Committee also believes that the United States should 
seek to strengthen the capacity of U.S. trading partners to 
promote respect for core labor standards, as defined in the 
legislation. With respect to the environment, the Committee 
believes that the United States should seek (1) to strengthen 
the capacity of U.S. trading partners to protect the 
environment through the promotion of sustainable development; 
(2) to promote government practices or policies in the area of 
trade that improve sustainable development and to reduce or 
eliminate practices or policies related to trade that unduly 
threaten sustainable development; and (3) to seek market access 
for U.S. environmental technologies, goods, and services.
    Finally, the Committee recognizes that in certain 
circumstances, aspects of practices and policies involving 
labor, the environment, and other matters may decrease market 
opportunities for U.S. exports or otherwise distort U.S. trade. 
Those aspects of these policies and practices may accordingly 
be included in trade agreements whose implementation qualifies 
for TPA. Specifically, the Committee intends that this 
negotiating objective cover the use of labor and environmental 
laws by another country to restrict U.S. access to its market; 
if another country sought to use labor or environmental 
restrictions to limit trade improperly, the United States 
should be able to respond in trade terms.
    (11) Currency: For the first time, TPA includes a principal 
negotiating objective addressing currency manipulation. The 
legislation sets a strong objective for trade negotiators 
requiring 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. This 
standard reflects existing IMF obligations and reinforces U.S. 
efforts in other forums, such as the G7 and G20. The objective 
provides the Administration with tools such as cooperative 
mechanisms, enforceable rules, reporting, monitoring, 
transparency, or other means, as appropriate to address 
currency manipulation. This balanced approach is intended to 
provide the Administration with additional options for 
addressing currency manipulation while also allowing adequate 
flexibility to ensure that the Administration is not required 
to pursue policies that could jeopardize the dollar as the 
world's reserve currency or expose U.S. monetary policy to 
challenge. The Committee notes that this balanced approach is 
fully supported by the current Administration, including the 
Treasury Department.
    (12) WTO and Multilateral Trade Agreements: The Committee 
puts a high priority on the effective implementation of 
agreements concluded under WTO auspices, including agreements 
achieved in the Uruguay Round and subsequently in areas such as 
Basic Telecommunications, Financial Services, and Information 
Technology. The Committee also places a high priority on 
negotiating multilateral and plurilateral agreements through 
the WTO to expand market access opportunities.
    The ITA, which eliminates tariffs on a wide range of 
products essential to the new economy, was concluded at the 
WTO's first Ministerial Conference at Singapore in December 
1996. As of this writing, the ITA covers over 95 percent of 
trade in information technology products defined under the 
agreement. Through its work identifying standards, non-tariff 
measures, and possibilities for expansion of product coverage, 
the WTO Committee of ITA participants has demonstrated how the 
WTO can provide dynamic mechanisms for trade liberalization 
that are responsive to the ever-changing nature of sectors such 
as the information technology sector.
    New language in TPA directs the Administration to seek an 
expansion of the product scope of the ITA and to seek the 
negotiation of other plurilateral agreements. The negotiating 
objectives also direct the Administration to seek expanded 
participation in existing plurilateral negotiations, although 
this direction should be understood to include only members 
that are willing and able to meet the high standards set forth 
in these agreements. The Committee intends that plurilateral 
agreements should not sacrifice scope of coverage in favor of 
broader participation. The Committee notes that one area of 
promise for new negotiations is a plurilateral agreement in the 
WTO to reduce tariffs on environmental goods, building upon 
efforts already undertaken through APEC.
    A new provision calls for expanded competitive market 
opportunities for U.S. exports and to obtain fairer and more 
open conditions of trade, including through utilization of 
global value chains, and through the negotiation of new WTO 
multilateral and plurilateral trade agreements, such as an 
agreement on trade facilitation. This new provision is one of 
several that addresses the benefits to U.S. firms and workers 
of participating in global value chains and ensures that trade 
agreements reflect the increasingly interrelated and multi-
sectoral nature of trade and investment activity.
    More generally, the Committee remains concerned that many 
WTO members have failed to fully implement their obligations. A 
new provision directs the Administration to seek more active 
participation in the WTO Committee structure to enhance 
compliance with existing obligations. It also directs the 
Administration to seek to increase the effectiveness of such 
bodies, as many of them have largely stopped functioning.
    With respect to the Agreement on Government Procurement, 
the Committee intends for the United States to seek to expand 
the membership of the WTO Agreement on Government Procurement; 
seek conclusion of a WTO Agreement on Transparency in 
Government Procurement; and promote global use of electronic 
publication of procurement information, including notices of 
procurement opportunities. In addition, the Committee intends 
for the United States to seek commitments ensuring access to 
foreign government procurement markets through regional and 
bilateral free trade agreements. The Committee notes its 
continued frustration with China for failing to submit an 
adequate government procurement agreement offer more than ten 
years after it joined the WTO.
    Bilateral and regional trade agreements often rely on 
preferential rules of origin to determine whether a good can 
qualify for duty free treatment. In the area of information 
technology (IT) products, the Committee intends that the 
Administration take full account of the global nature of the IT 
industry in the development and application of preferential 
origin rules. The Committee intends that the Administration 
eliminate the need to apply preferential origin rules to IT 
products to the maximum extent possible. This goal can be 
accomplished by including adherence to the Information 
Technology Agreement (ITA) as a baseline for commitments in 
bilateral or regional trade agreements. The Committee also 
believes that the Administration should make preferential 
origin rules administrable and trade facilitative in any case. 
Such rules should foster administrative ease and market access 
to the maximum extent possible. To this end, the Administration 
should seek rules that: avoid value-content thresholds, avoid 
process-based rules, and confer origin based on classification 
changes. The Committee also believes the Administration should 
seek to harmonize preferential origin rules across trade 
arrangements. To the extent that preferential rules are 
administrable and trade facilitative, they should be applied 
uniformly across all other preferential trade agreements. Rules 
that vary by trade arrangement create operational disruption, 
administrative burdens, and trade impediments.
    WTO rules permit members to sign regional trade agreements 
that further deepen and expand trade liberalization. The 
Committee believes that the United States free trade agreements 
are fully compliant with these WTO rules. However, it is 
concerned that many other countries have signed trade 
agreements that do not meet the WTO's stringent rules. A new 
provision directs the Administration to expand its efforts to 
address these trade-distorting agreements, including through 
meaningful WTO review of such agreements.
    Finally, the Committee directs the Administration to 
increase cooperation with other international organizations. 
The Committee intends this to include, but not be limited to, 
CODEX Alimentarius, World Health Organization, Food and 
Agriculture Organization of the United Nations, International 
Labor Organization, International Monetary Fund, International 
Trade Center, International Telecommunications Union, 
Organization for Economic Cooperation and Development, World 
Organization for Animal Health, United Nations, United Nations 
Conference on Trade and Development, United Nations Environment 
Program, World Bank, World Customs Organization, and World 
Intellectual Property Organization. This Committee expects 
increased cooperation between the WTO and these organizations 
to result in increased support for and consistency with WTO 
rules.
    (13) Trade Institution Transparency: The Committee observes 
that while the WTO and other international trade fora have 
improved the level of transparency in trade negotiations, there 
remains some lack of information to the public concerning their 
operations and the decisions that they make. The Committee 
believes that enhancing the level of transparency at 
multilateral, plurilateral, and bilateral institutions would 
have twofold benefits. First, it would help U.S. citizens and 
the citizens of other countries to have more confidence in the 
operation of international trade institutions and the fairness 
of dispute settlement decisions. Second, increased transparency 
and the flow of information from international trade 
institutions would help U.S. exporters to be better informed as 
to U.S. rights under international trade rules and would 
improve compliance with trade agreements. Revisions to this 
objective make clear that such increased transparency should 
apply to all international trade entities--multilateral, 
regional, bilateral, and other international fora.
    Concerning access to appropriate meetings and 
documentation, the Committee believes that the public has an 
important stake in trade decisions, including those involving 
dispute settlement and investment. Because openness will help 
to ensure fairness, it is crucial to allow the public to 
observe meetings and obtain documents, whenever possible. 
Further, the Committee believes that it is important that the 
documents are available as soon as practicable, so that the 
public has access to current information. As an additional 
means of increasing public access to dispute settlement 
proceedings, U.S. negotiators should, among other things, 
pursue building consensus for establishing rules allowing for 
submission of amicus curiae briefs to panels and the Appellate 
Body of the WTO.
    (14) Anti-Corruption: A strengthened negotiating objective 
seeks high, enforceable standards by trading partners against 
corruption to ensure that U.S. exporters can compete on a level 
playing field. The Committee believes that reducing corruption 
in international trade and investment is fundamental to the 
expansion of free and fair trade around the world. Trade is a 
vital force for economic development, democratization, social 
freedom, and political stability in countries struggling to 
achieve these objectives. Corruption involving the use of money 
and other things of value to influence acts, decisions, or 
omissions of foreign government officials or to secure any 
improper advantage in a manner affecting trade or investment 
undermines the objectives of this legislation.
    The Committee intends that obtaining high anti-corruption 
standards should be a principal negotiating objective. It is 
the Committee's view that high standards are those that are 
equivalent to those established under section 30A of the 
Securities and Exchanges Act of 1934 and sections 104 and 104A 
of the Foreign Corrupt Practices Act of 1977. Only standards 
equivalent to these will ensure that United States persons, who 
are bound by the Foreign Corrupt Practices Act, compete on a 
level playing field.
    In addition, new language directs the Administration to 
seek commitments from trade agreement partners to work 
cooperatively to encourage and support anti-bribery efforts in 
international fora, and in particular, through the OECD Anti-
Bribery Convention.
    (15) Dispute Settlement and Enforcement: The Committee 
intends that USTR seek provisions in trade agreements providing 
for resolution of disputes between governments in an effective, 
timely, transparent, equitable, and reasoned manner requiring 
determinations based on facts and the principles of the 
agreement, with the goal of increasing compliance. The 
Committee's primary goal with respect to this negotiating 
objective is to promote compliance with trade agreements. To 
that end, this objective includes language directing the 
Administration to ensure that WTO panels and the Appellate Body 
adhere to their mandate to apply the WTO Agreement as written, 
and not add to or diminish rights and obligations under the 
Agreement.
    The Committee also believes that consultations are an 
important means of settling disputes early and effectively, 
without resort to remedies or penalties, and urges USTR to seek 
to establish meaningful consultation mechanisms in trade 
agreements.
    The Committee also supports the use of compensation to 
resolve disputes, whereby a party found to be violating a trade 
agreement lowers tariffs or otherwise increases access to its 
own market to rebalance the loss of concessions brought upon by 
that party's failure to adhere to its obligations. If the 
parties resort to other remedies or penalties, the Committee 
urges USTR to ensure that dispute settlement provisions in 
trade agreements encourage compliance and are appropriate to 
the parties, nature, subject matter, and scope of the 
violation.
    In addition, the Committee strongly believes that the 
remedies and penalties made available to parties under dispute 
settlement should have the aim of not adversely affecting 
parties or interests not party to the dispute while maintaining 
the effectiveness of the enforcement mechanism. Too often, 
dispute settlement has the effect of creating collateral damage 
by harming parties who had not been involved in the original 
dispute. At the same time, however, the Committee believes that 
whatever mechanism selected should be effective and encourage 
compliance with trade obligations.
    The Committee also intends that trade agreements treat all 
principal negotiating objectives equally with respect to 
ability to resort to dispute settlement and availability of 
equivalent procedures and remedies. The Committee believes that 
the concept of ``equivalent'' remedy will allow negotiators 
flexibility in determining the appropriate remedies, with the 
fundamental purpose of finding remedies that are effective in 
promoting compliance with the objective at issue even if they 
may not be identical.
    Finally, in section 5(f)(1), the Committee continues to 
require USTR to provide to the Committee, each time it imposes 
trade remedies to enforce U.S. rights under a trade agreement, 
an assessment of the effectiveness of those remedies. The 
Committee wishes to learn whether the remedy was effective in 
changing the behavior of the targeted party and whether the 
remedy had any adverse impact on parties or interests not party 
to the dispute. This provision underscores the Committee's 
commitment to an effective dispute settlement process.
    (16) Trade Remedy Laws: The Committee continues to intend 
that negotiators preserve, in all trade agreements, the ability 
of the United States to enforce rigorously its antidumping, 
countervailing duty, and safeguard laws, and to avoid any 
agreement that would lessen the effectiveness of the current 
U.S. antidumping and countervailing duty remedies and 
safeguards. The Committee regards this directive as critically 
important for any new trade agreement to serve the overall 
economic interests of the United States.
    (17) Border Taxes: Just as in 2002 TPA, the Committee 
continues to direct the Administration to obtain a revision of 
WTO rules to redress the disadvantage to countries like the 
United States that rely primarily on direct taxes for revenue 
rather than indirect taxes.
    (18) Textile Negotiations: This negotiating objective 
remains the same as 2002 TPA. The negotiating objective to open 
markets and reducing distortions with respect to textiles and 
apparel is to obtain competitive opportunities for U.S. exports 
of these products in foreign markets substantially equivalent 
to the competitive opportunities afforded foreign exports of 
textiles and apparel in the United States and to achieve fairer 
and more open conditions of trade.
    In developing negotiating objectives for future bilateral 
trade agreements, the Committee urges the Administration to 
take into account the impact on the industry of: (1) all trade 
agreements covering textiles and apparel to which the United 
States is a party; and (2) preferential tariff programs such as 
the Africa Growth and Opportunity Act and the Haitian 
Hemispheric Opportunity through Partnership Encouragement Act.
    (19) Commercial Partnerships: The principal negotiating 
objective set forth in subparagraph 2(b)(19) directs the 
Administration to address the growing trend of boycotts, 
divestments, and sanctions against Israel. The negotiating 
objective specifically directs the United States to discourage 
and eliminate these actions in the context of the Transatlantic 
Trade and Investment Partnership negotiations, but this 
Committee also expects the Administration to explore addressing 
these actions in other fora, including other trade agreement 
negotiations and other bilateral and multilateral programs or 
activities of international engagement including but not 
limited to the World Trade Organization (WTO), Group of 20 
(G20), the Organization for Economic Cooperation and 
Development (OECD), and the Asia-Pacific Economic Cooperation 
(APEC), as well. The Committee supports continuing to 
strengthen United States-Israel economic cooperation and 
recognizes the tremendous strategic, economic, and 
technological value of cooperation with Israel.
    (20) Good Governance, Transparency, the Effective Operation 
of Legal Regimes, and the Rule of Law of Trading Partners: 
Subsection 2(b)(20) is a new provision, directing the 
Administration to strengthen the effective operation of legal 
regimes and the rule of law, including through capacity 
building and other appropriate means, which contributes to the 
creation of more open democratic societies and the promotion of 
respect for internationally recognized human rights.
    Section 2(c): The Committee believes that in order to 
achieve the full benefits of trade agreements, the 
Administration must also provide capacity building and 
technical assistance to trading partners. Accordingly, a new 
section in the legislation seeks to ensure implementation and 
compliance by U.S. trading partners with their commitments 
under trade agreements by strengthening their legal regimes and 
rule of law through capacity building and technical assistance 
provided by relevant Federal agencies.
    It is the Committee's intent that capacity building should 
include a broad range of issues including, but not limited to, 
customs and trade facilitation, sanitary and phytosanitary 
measures, technical barriers to trade, intellectual property 
rights, labor, and the environment.
    In addition, the Committee directs the Administration to 
seek to establish consultative mechanisms to strengthen the 
capacity of trade agreement partners to develop and implement 
standards for the protection of the environment and human 
health based on sound science.
    USTR is to consult regularly with Members and the House 
Advisory Group on Negotiations regarding its capacity building 
efforts and report to the Committee on these efforts.
    The Committee also intends to enhance domestic policy 
coordination and communication, both in the United States and 
in other countries, between Multilateral Environmental 
Agreement (MEA) and trade agreement negotiators, with a view 
toward the continued compatibility of MEA and WTO rules.

Effective date

    The provision is effective upon enactment.

                 SECTION 3: TRADE AGREEMENTS AUTHORITY

Present law

    Section 2103(a) of 2002 TPA provides the President, under 
certain conditions, the authority to proclaim certain duty 
modifications. Section 2103(b) of 2002 TPA authorizes the 
President to enter into a trade agreement with a foreign 
country, under certain conditions, and provides the 
requirements for implementing bills procedures, including 
requiring that the agreement must make progress in meeting the 
applicable objectives and the President satisfies the 
consultation requirements. 2002 TPA provided this authority to 
agreements entered into before July 1, 2005. An extension until 
July 1, 2007, was permitted unless Congress passed a 
disapproval resolution, as described under section 2103(c). 
Such an extension was sought, and no Congressional disapproval 
resolution was introduced.

Explanation of provision

    Subsection 3(a) provides trade agreements authority for 
agreements regarding tariff barriers. This subsection permits 
the President, subject to Congressional notification 
requirements and certain limitations, to enter into trade 
agreements with foreign countries to modify duties or other 
import restrictions that unduly burden U.S. trade before July 
1, 2018 (or July 1, 2021 if trade authorities procedures are 
extended), and may proclaim changes to duties the President 
determines to be required or appropriate to carry out any such 
trade agreement. After those dates, substantial modifications 
or additions to the trade agreement are not be eligible for 
approval under this subsection. This proclamation authority 
does not apply to an agreement that reduces any rate of duty 
that is 5 percent or more at the date of enactment of the act 
by 50 percent or more, reduces the rate of duty on import 
sensitive agricultural products to a rate of duty below that 
applicable under the Uruguay Round Agreements, or increases of 
any rate of duty above the rate that applied at the date of 
enactment of the Act.
    Subsection 3(b) provides trade agreements procedures for 
agreements regarding tariff and nontariff barriers. The 
subsection authorizes the President to engage in trade 
negotiations, subject to Congressional consultations 
requirements, to address tariff and non-tariff barriers. An 
agreement may be entered into under this subsection only if it 
makes progress in meeting the negotiating objectives of section 
2 and the President satisfies the conditions set forth in 
sections 4 and 5. The subsection applies only to agreements 
entered into before July 1, 2018 (or before July 1, 2021, if 
Congress extends the trade agreements authority). After those 
dates, substantial modifications or additions to the trade 
agreement are not be eligible for approval under this 
subsection. The subsection provides that a bill implementing a 
trade agreement entered into under this subsection qualifies 
for the trade authorities procedure set out in section 151 of 
the Trade Act of 1974 if the bill consists of a provision 
approving the trade agreement and only such provisions as are 
strictly necessary or appropriate to implement the trade 
agreement.
    Subsection 3(c) establishes the process for the extension 
of trade authority procedures by the President, if requested, 
and for the consideration of a disapproval resolution by 
Congress to disallow such extension. The Advisory Committee for 
Trade Policy and Negotiations established under section 135 of 
the Trade Act of 1974 and the International Trade Commission 
are also directed to submit reports on the extension request to 
Congress.
    Subsection 3(d) directs the President to pursue 
negotiations covering tariff and nontariff barriers affecting 
any industry, product, or service sector, and to expand 
existing sectoral agreements, when doing so is feasible and 
timely and would benefit the United States. It also directs the 
President in so doing to take into account all Congressional 
negotiating objectives.

Reason for change

    Subsection 3(a) extends to the President the same authority 
to proclaim tariff modifications as 2002 TPA. This authority 
includes authority to negotiate reciprocal duty eliminations on 
a sectoral basis within the WTO. The Committee believes that 
the 1997 Information Technology Agreement negotiated by 
President Clinton under the auspices of the WTO to eliminate 
tariffs for information technology products all over the world 
was a substantial accomplishment and seeks to have it expanded 
to cover additional products. The Committee recognizes, 
however, that the ability of the United States to implement 
such agreements is limited because section 111(b) of the 
Uruguay Round Agreements Act (URAA) provides the President with 
proclamation authority applicable only to a limited number of 
sectors--those that are negotiated multilaterally under the WTO 
or that were the subject of negotiations on reciprocal duty 
elimination (``zero-for-zero'') or harmonization during the 
Uruguay Round. Because of the success that an expansion of the 
Information Technology Agreement promises for U.S. businesses 
and U.S. workers, the Committee intends to provide authority 
for similar WTO sector-specific negotiations even if the sector 
had not been the subject of zero-for-zero negotiations during 
the Uruguay Round.
    This authority will permit the Administration to provide 
some limited incentives for other WTO members to agree to duty 
reductions and elimination as well as accelerated staging for 
products. This provision ensures that an agreement that reduces 
U.S. duties will be concluded in a manner that ensures that the 
United States receives adequate benefits in return for action 
in this area. For such negotiations participation by all WTO 
Members would not be necessary, and in some cases agreement 
with a limited number of countries with major trading interests 
in a particular sector would be sufficient.
    Therefore, the purpose of this special tariff proclamation 
authority is to permit the U.S. Trade Representative to 
negotiate sector-specific tariff elimination or harmonization 
agreements that go beyond the URAA section 111(b) authority. 
This sequencing would allow the United States the near term 
benefits from tariff elimination, while preserving the ability 
of countries, including the United States, to condition the 
tariff cuts on a final comprehensive agreement on all subjects 
under negotiation in the new round.
    While the Committee does not intend to limit the possible 
tariff elimination agreements that could be reached under this 
authority, it does wish to identify the following areas where 
it believes that tariff elimination negotiations should be 
focused:
          Accelerated tariff elimination in those sectors where 
        consensus can be achieved;
          Geographic and product expansion of the zero-for-zero 
        tariff agreements reached in the Uruguay Round and in 
        the Information Technology Agreement;
          Accelerated tariff elimination in environmental 
        goods; and
          Geographic expansion of tariff harmonization 
        agreements reached in the Uruguay Round.
    One recent example of a negotiation that would fall within 
this authority is the agreement that the United States and 
other countries are seeking to reduce tariffs on certain 
environmental goods.
    Section 3(b) provides that bills implementing trade 
agreements qualify for trade authorities procedures only if 
those bills consist solely of provisions approving the trade 
agreement and any statement of administrative action 
accompanying the agreement, and provisions strictly necessary 
or appropriate to implement the trade agreement.
    If the foregoing conditions are met, then the trade 
authorities procedures described in section 151 of the Trade 
Act of 1974 apply to the implementing bill. Section 151 of that 
Act sets forth a timetable for consideration of implementing 
bills in the Committees of jurisdiction and on the floor of 
each House of Congress. Ordinarily, the maximum time for 
consideration in both Chambers will be 90 legislative days. 
Section 151 also prohibits amendments to implementing bills and 
limits the time for debate on the floor of each House to 20 
hours (subject to further limitation).
    With respect to bills qualifying for trade promotion 
authority, it is the Committee's intent to extend authority to 
the President to negotiate agreements that would be subject to 
the special procedures similar to that given to past 
Administrations. The Committee also intends to provide the 
President with the flexibility needed to negotiate strong trade 
agreements.
    However, the Committee believes that for constitutional 
reasons, it is important to make trade promotion authority as 
tailored as possible, so as not to unnecessarily intrude on 
normal legislative procedures. Trade authorities procedures are 
exceptions to the ordinary rules of procedure, permitted only 
because the executive and legislative branches share 
Constitutional authority in the area of trade and the President 
and Congress each has important powers with respect to trade 
and foreign affairs issues. Therefore, trade agreements do not 
readily fit the legislative model used to consider other types 
of legislation. Trade authorities procedures assure that trade 
relations with other countries are handled expeditiously and 
efficiently, with the involvement of the executive and 
legislative branches throughout the process. The Committee 
believes that these procedures should apply only to meet the 
special requirements of trade agreements. Further, Section 3(b) 
makes clear that trade authorities procedures should apply only 
to those provisions in an implementing bill that are strictly 
necessary or appropriate to implement the underlying agreement, 
as stated in the Senate Finance and House Ways and Means 
Committee reports accompanying the Trade of 2002. It is the 
Committee's intent that this authority is consistent with prior 
grants of authority. While the Committee considers that 
implementing bills introduced since the 2002 Act have met this 
standard, there are disagreements about some aspects of bills 
prior to 2002. As has been recognized in the past, to apply the 
procedures more broadly would encroach on Congress's 
constitutional authority to legislate. The Committee continues 
to takes a strict interpretation of this requirement.
    Specifically, the Committee emphasizes that trade promotion 
authority, particularly section 3(b)(3)(C), should not apply to 
proposals to make wholesale changes to U.S. law merely because 
those laws may be addressed in the agreement. The Committee has 
been concerned that several provisions that were not related to 
implementing the trade agreement at hand have been included in 
past implementing bills.
    H.R. 1890 applies the same substantive and procedural 
requirements to all types of agreements, including bilateral, 
regional, and multilateral agreements.
    H.R. 1890 provides trade promotion authority to agreements 
entered into before July 1, 2018. An extension until July 1, 
2021, is permitted unless Congress passes a disapproval 
resolution, as described under subsection 3(c). Subsections 
3(a)(1) and 3(b)(1) make clear that this authority does not 
apply to substantial modifications to, or substantial 
additional provisions of, a trade agreement if those 
modifications or provisions are entered into after this 
authority has expired.

Effective date

    The provision is effective upon enactment.

   SECTION 4: CONGRESSIONAL OVERSIGHT, CONSULTATIONS, AND ACCESS TO 
                              INFORMATION

Present law

    Subsection 2102(d) of 2002 TPA requires that USTR consult 
closely and on a timely basis with the Congressional Oversight 
Group (COG) appointed under section 2107 of that Act. In 
addition, USTR is required to consult closely (including 
immediately before the initialing of an agreement) with the 
congressional advisers on trade policy and negotiations 
appointed under section 161 of the Trade Act of 1974, as well 
as the House Committee on Ways and Means, the Senate Committee 
on Finance, and the Congressional Oversight Group. Section 2107 
required USTR to consult with Members of the COG and that COG 
Members are to be accredited as official advisors to the U.S. 
delegation in the negotiations.

Explanation of provision

    This section establishes the procedures through which 
Congress exercises oversight over trade negotiations that are 
subject to trade authorities under this Act.
    Subsection 4(a) provides detailed requirements for the 
Administration's consultations with Congress. It specifies that 
in the course of negotiations, the United States Trade 
Representative (USTR) shall: meet upon request with any Member 
of Congress; provide access to pertinent documents, including 
classified materials; engage in timely consultation with the 
Senate Finance Committee and the House Ways and Means 
Committee; engage in timely consultation with the House and 
Senate Advisory Groups on Negotiations and with all committees 
of the House and the Senate with jurisdiction over laws that 
could be affected by a trade agreement; and engage in timely 
consultations with the House and Senate Committees on 
Agriculture concerning negotiations and agreements relating to 
agricultural trade. Prior to entry into force of a trade 
agreement, USTR shall keep Congress apprised of measures a 
trading partner has taken to comply with provisions that will 
take effect on the date the agreement enters into force.
    This subsection also requires USTR, in consultation with 
the Chairs and Ranking Members of the Senate Finance Committee 
and the House Ways and Means Committee, to develop within 120 
days of enactment written guidelines on enhanced coordination 
with Congress. The guidelines are to ensure timely briefings 
with any Member of Congress and the sharing of information, 
including documents and classified information, with Members of 
Congress and their staff with proper security clearances as 
appropriate, as well as cleared Committee staff as appropriate 
in light of Committee responsibilities. The guidelines are to 
be disseminated to all departments and agencies with 
jurisdiction over laws affected by the trade negotiations.
    Subsection 4(b) provides procedures for designating 
individual Members as Congressional Advisers on Trade Policy 
and Negotiations and for consultations with those Members. Any 
Member of Congress may be designated as such a Congressional 
Adviser. In the course of trade negotiations, USTR shall 
consult closely with these congressional advisers. The advisers 
shall be accredited by USTR as official advisers to trade 
delegations.
    Subsection 4(c) establishes the House and Senate Advisory 
Groups on Negotiations, sets forth membership requirements for 
each, including designation of the Chair and Ranking Member of 
any Committee that would have jurisdiction over provisions of 
law affected by a trade agreement. The subsection also outlines 
requirements for USTR to consult with and seek advice from the 
Advisory Groups and provides mechanisms for coordination with 
Members of Congress not on the Advisory Groups. Advisory Group 
Members shall be accredited by USTR as official advisers to 
trade delegations. USTR, together with the Chairs and Ranking 
Members of the Senate Finance Committee and the House Ways and 
Means Committee, shall develop written guidelines for the 
closest practicable coordination with the Advisory Groups, 
including detailed briefings on a fixed timetable. After a 
trade agreement is concluded, there shall be ongoing 
consultation regarding compliance with the agreement.
    Subsection 4(d) establishes procedures for consultations 
with the public. USTR, together with the Chairs and Ranking 
Members of the Senate Finance Committee and the House Ways and 
Means Committee, shall develop written guidelines for public 
access to information regarding trade negotiations in order to 
facilitate transparency, encourage public participation, and 
promote collaboration in the negotiation process, including 
through disclosure of information and through frequent 
opportunities for public input through the Federal Register and 
other means. The guidelines are to be disseminated to all 
relevant departments and agencies.
    Subsection 4(e) addresses consultations with the Trade 
Advisory Committees created by the Trade Act of 1974. USTR, 
together with the Chairs and Ranking Members of the Senate 
Finance Committee and the House Ways and Means Committee, shall 
develop written guidelines to enhance coordination with the 
Advisory Committees in order to provide timely briefings and 
opportunities for input on matters regarding sectors and 
functional areas the Committees represent. The guidelines shall 
also outline the sharing of information and documents, 
including classified materials, to each member of an Advisory 
Committee and designee with proper security clearances, as 
appropriate. The guidelines are to be disseminated to all 
relevant departments and agencies with jurisdiction over laws 
affected by the trade negotiations.
    Subsection 4(f) establishes a Chief Transparency Officer at 
USTR, responsible for consulting with Congress on transparency 
policy, coordinating transparency in trade negotiations, 
engaging and assisting the public, and advising the USTR on 
transparency policy.

Reason for change

    The Committee recognizes that trade negotiations require a 
robust partnership between Congress and the Administration. 
These provisions further empower Congress through new and 
expanded consultation requirements and ensure that Congress 
plays a meaningful role in trade negotiations. If the President 
fails to meet these new and expanded consultation requirements, 
Congress can strip an implementing bill of TPA through a 
procedural disapproval resolution.
    The Committee notes that in the past, consultations have 
been at times less than ideal and wishes to improve this 
process considerably to make it more meaningful. The Committee 
emphasizes that Congress must be thoroughly involved in all 
phases of the negotiating process and must have the ability to 
fully express its views and exercises its constitutional role. 
The Committee intends that throughout the process, the 
consultations address the nature of the agreement in question, 
how and to what extent the agreement will achieve the 
applicable purposes, policies, and objectives set forth in H.R. 
1890, and all matters relating to implementation under section 
6, including the effect of the agreement on U.S. laws.
    Subsection 4(a): The Committee intends to expand the 
consultation requirements both between the Administration and 
the Committee as well as the Administration and individual 
Members of Congress. Previous versions of TPA have addressed in 
general terms the consultation requirements between the 
Administration and Committees of jurisdiction. However, for the 
first time, H.R. 1890 also specifically requires robust 
consultations with individual Members of Congress.
    Subsections 4(a)(1)(A)-(B) are new provisions that require 
the Administration to consult with individual Members of 
Congress. Subsection 4(a)(1)(A) requires USTR to consult with 
any interested Member of Congress who requests such 
consultations at any time before, during, or after 
negotiations. The Committee expects that these consultations 
will be held promptly and that they will be responsive in scope 
to the Member's request.
    Subsection 4(a)(1)(B) for the first time statutorily 
requires that USTR provide access to pertinent documents 
relating to the negotiations, including classified information, 
to every Member of Congress upon request. The Committee intends 
this provision to require USTR to share current negotiating 
text, if requested, with any Member. The Committee intends that 
Member's staff with proper security clearances may accompany 
the Member in viewing that text. The Committee expects that 
consultations and the sharing of negotiating text will be 
prompt and responsive in scope to the Member's request. Given 
the sensitive nature of these documents, proper procedures must 
be followed to protect their confidentiality.
    Subsection 4(a)(1)(C) requires USTR to consult closely and 
on a timely basis with this Committee. While previous versions 
of TPA required close consultations with this Committee, the 
Committee specifically intends that these consultations under 
2015 TPA will be expansive in scope and the most detailed as is 
feasible. Such consultations must be both meaningful and 
timely, including consulting on U.S. negotiating positions 
before those positions are shared with cleared advisors or our 
trading partners.
    Subsection 4(a)(1)(D) requires USTR to consult closely and 
on a timely basis with the newly created House Advisory Group 
on Negotiations and all Committees with jurisdiction over laws 
that could be affected by a trade agreement. This provision 
would require, for example, consultation with the Committee on 
Energy and Commerce with regard to regulatory issues and the 
Committee on the Judiciary with regard to issues such as 
intellectual property, competition, and digital trade as the 
United States seeks to have other countries develop standards 
consistent with U.S. law. Subsection 4(1)(E) requires specific 
consultations with the Agriculture Committee on matters 
relating to agriculture trade. The Committee expects these 
consultations to be both meaningful and timely.
    Subsection 4(a)(2) contains a new requirement that mandates 
consultations prior to initiating procedures for entry into 
force (EIF) of a trade agreement. The Committee expects the 
Administration to maintain the same detailed and timely level 
of consultations prior to entry into force as it maintains in 
other stages of the negotiations. Historically, such EIF 
consultations have not always been robust. The Committee 
intends that these consultations will improve the 
implementation process for trade agreements and ensure that 
trade agreements do not enter into force until a trading 
partner has taken appropriate steps to comply with those 
provisions of the agreement that are to take effect on the date 
that the agreement enters into force.
    Subsection 4(a)(3) requires USTR to develop within 120 
days, in consultation with this Committee, specific guidelines 
for engagement with Congress, including timely briefings and 
the sharing of detailed and timely information and pertinent 
documents, including classified information, to provide for 
meaningful and timely consultation with Congress. By developing 
written guidelines for the exchange of information in 
consultation with the Committee, USTR will formally 
institutionalize the consultation process to maximize its 
effectiveness. The Committee intends to play a substantial and 
meaningful role in the development and finalization of these 
guidelines.
    Subsection 4(b): In order to expand the opportunity for 
individual Members of Congress to consult with the 
Administration and to provide input into the trade agreement 
negotiation process, subsection 4(b) creates, for the first 
time, the opportunity for any Member of Congress to be 
designated as a Congressional Adviser on Trade Policy and 
Negotiations. The Committee intends for these Congressional 
Advisers to receive enhanced consultations that are both 
meaningful and timely. In addition, subsection 4(b) requires 
USTR to accredit any such Congressional Adviser as an official 
adviser to United States delegations to international 
conferences, meetings, and negotiating sessions relating to 
trade agreements, allowing Congressional Advisers access to the 
negotiating site and regular consultations with USTR when on 
site.
    Subsection 4(c): The House and Senate Advisory Groups on 
Negotiations are new entities created by this Act, meant to 
replace the Congressional Oversight Group with two separate 
groups to facilitate regular consultation and engagement with 
USTR. The Advisory Groups are designed to involve a broad 
bipartisan cross-section of the House and Senate so that USTR 
will benefit from many viewpoints. Specifically, the Committee 
intends that the Groups be bipartisan and include 
representation beyond the Ways and Means and Finance Committees 
to include those Committees that have jurisdiction over 
provisions of law affected by a trade negotiation. The 
composition of the Group is flexible to allow for the 
inclusion, after the convening of the Group, of additional 
Committees if developments in the negotiation indicate that 
they will have jurisdiction over laws affected by the 
negotiation.
    It is the Committee's intent that the Administration shall 
meet on a regular, fixed timetable with the House Advisory 
Group. These consultations shall cover such matters as: the 
formulation of objectives, negotiating strategies, and U.S. 
positions; the shape and structure of the applicable trade 
agreement; and implementation, compliance, and enforcement of 
negotiated trade agreement commitments. The precise timetable 
of meetings will be determined through the development of 
guidelines, as provided for in subsection 4(c)(3).
    Subsection 4(d): The new section on consultations with the 
public is designed to expand and formalize USTR's public 
consultation process. This subsection requires the development 
of guidelines for meaningful engagement, including public 
access to information and enhanced coordination with Trade 
Advisory Committees. It is the Committee's intent that these 
guidelines provide for meaningful and timely consultation with 
a broad range of stakeholders to facilitate transparency, 
encourage public participation, and promote collaboration in 
the negotiation process. The Committee intends to play a 
meaningful role in the development and finalization of these 
guidelines. In order to facilitate the broadest possible 
consultations across all parts of the government, subsection 
4(d)(4) directs the Administration to distribute these 
guidelines to all relevant federal agencies that could have 
jurisdiction over laws affected by trade negotiations.
    Subsection 4(e): The Committee notes with concern that the 
Administration has removed many subject matter experts from 
Trade Advisory Committees in recent years. The absence of these 
subject matter experts has had a meaningful, and harmful, 
effect on the ability of Congress and the Administration to 
gather pertinent information on the state of negotiations and 
the likely practical effect on U.S. stakeholders, which 
undercuts the premise of their establishment in 1974. The 
Committee believes that the ability of the United States to 
achieve the best outcomes has been undercut as a result of the 
Administration's practice. The Committee calls on the 
Administration to ensure that subject matter experts fill these 
Trade Advisory Committees and have the opportunity communicate 
their views and expertise to the Administration and to the 
Congress.
    The development of new guidelines as directed in this 
subsection will ensure meaningful and timely briefings and the 
sharing of detailed and timely information and pertinent 
documents with existing Trade Advisory Committees. The 
Committee intends to play a meaningful role in the development 
and finalization of these guidelines. In order to facilitate 
the broadest possible consultations across all parts of the 
government, subsection 4(e)(3) directs the Administration to 
distribute these guidelines to all relevant federal agencies 
that could have jurisdiction over laws affected by trade 
negotiations.
    Subsection 4(f): The Committee directs the Administration 
to establish a Chief Transparency Officer at USTR. This person 
should be responsible for consulting with Congress on 
transparency policy, coordinating transparency in trade 
negotiations, engaging and assisting the public, and advising 
the USTR on transparency policy. The Committee anticipates that 
these duties could be assigned to an existing position at USTR, 
with the title of that position being updated to reflect these 
important new responsibilities.

Effective date

    The provision is effective upon enactment.

             SECTION 5: NOTICE, CONSULTATIONS, AND REPORTS

Present law

    Section 2104 of 2002 TPA established a series of 
requirements with respect to notice, consultations, and 
reporting to Congress.

Explanation of provision

    Subsection 5(a) specifies the notice, consultations, and 
reports that Congress must receive before the President 
initiates trade negotiations. Section 5(a)(1) provides that 
prior to entering into trade negotiations, the President must 
provide Congress 90 days' written notice and consult with the 
Senate Finance Committee, the House Ways and Means Committee, 
other appropriate Committees of the House and Senate, and the 
House and Senate Advisory Groups on Negotiations. The President 
must publish and regularly update on the USTR website a 
detailed and comprehensive summary of the objectives for the 
trade negotiations, as well as publish a description of how the 
trade agreement would further those objectives and benefit the 
United States.
    Subsection 5(a)(2) pertains to negotiations that concern 
agriculture, and states that the President must conduct an 
assessment of all relevant tariffs and consult with the 
Agriculture Committees of the House and Senate. Additional 
consultations are to take place with respect to import 
sensitive products, fish or shellfish trade, and textiles. 
Subparagraph 5(a)(5) requires the President, in determining 
whether to enter into negotiations with a particular country, 
to take into account the extent to which that country has 
implemented its trade and investment commitments to the United 
States.
    Subsection 5(b) requires the President, before entering 
into any trade agreement under subsection 3(b), to consult with 
the Senate Finance Committee, the House Ways and Means 
Committee, other relevant congressional Committees, and the 
House and Senate Advisory Groups on Negotiations. The 
consultations are to address the nature and objectives of the 
agreement and the general effect of the agreement on existing 
laws. At least 180 days before entering into a trade agreement, 
the President is also required to report on the effect of the 
agreement on U.S. trade remedy laws. This subsection further 
describes the procedures by which the House or Senate may 
consider a resolution finding that proposed changes to trade 
remedy laws are inconsistent with the negotiating objectives 
concerning trade remedies. This section also requires 
submission of Advisory Committee reports within 30 days of the 
President's notification to Congress of his intention to enter 
into a trade agreement.
    Subsection 5(c) requires that the President, within 90 days 
before entering into an agreement, to provide the International 
Trade Commission (ITC) with details of the agreement and that, 
not later than 105 days after entering into the agreement, the 
ITC will submit a report to the President and Congress 
assessing the likely impact of the agreement on the U.S. 
economy. This report shall be made public.
    Subsection 5(d) specifies that at the time the President 
submits to Congress the final text of an agreement, the 
President shall submit to the Senate Finance Committee and the 
House Ways and Means Committee: a report regarding an 
environmental review of future trade and investment agreements, 
including an assessment of the operation of consultative 
mechanisms aimed at capacity building; a report regarding the 
impact of trade agreements on U.S. employment; and a meaningful 
labor rights report with respect to the countries with which 
the United States is negotiating, along with a description of 
any provisions that would require changes to U.S. labor law and 
practice. These reports shall be made public.
    Subsection 5(e) specifies that at the time the President 
submits to Congress the final text of an agreement, the 
President shall also submit an implementation and enforcement 
plan that assesses border personnel requirements, agency 
staffing requirements, customs infrastructure requirements, and 
the impact on state and local governments. This assessment 
shall be made public. The President's next budget submission 
must include a request for the resources necessary to support 
the plan.
    Subsection 5(f) requires the submission of additional 
reports concerning: the effectiveness of trade penalties and 
remedies; the economic impact of all trade agreements enacted 
under trade authorities procedures since 1984, and to update 
the report within five years; and enforcement actions taken 
pursuant to a trade agreement. These reports shall be made 
public. This section also requires USTR to consult with the 
Senate Finance Committee and the House Ways and Means Committee 
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.
    Subsection 5(g) sets forth that any Member of the House or 
Senate may submit his or her views on any matter relevant to a 
proposed trade agreement to the Senate Finance Committee or the 
House Ways and Means Committee, and the relevant Committee is 
to receive those views for consideration.

Reason for change

    The Committee emphasizes the importance of timely, 
complete, and rigorous consultations between the Administration 
and Congress. Accordingly, 2015 TPA expands the requirements of 
2002 TPA in several areas, particularly with regard to 
reporting requirements. In addition, several reporting 
requirements from 2102(c), 2108, and 2111 of 2002 TPA have been 
moved to this section. The improvements made with respect to 
consultations in this section and in Section 4 are designed to 
assure maximum Congressional participation before, during, and 
after the trade negotiating process.
    Subsection 5(a): Subsection 5(a)(1) continues to require 
that the Administration provide prior written notice of 
negotiations and engage in robust consultations prior to 
entering into negotiations. The consultation requirements apply 
equally to all negotiations: bilateral, regional, and 
multilateral. The Committee intends that consultations should 
be robust and continuous and that the Administration consult 
meaningfully with Congress during the exploratory phase, 
including before choosing a negotiating partner or submitting 
the formal notification required in subsection (5)(a)(1)(A).
    The Committee believes that it is essential that the United 
States not join a consensus in favor of a new entrant into an 
agreement that is already being negotiated if the entrant is 
not willing and able to meet the standard of the agreement or 
if its entry would change, rather than further, U.S. objectives 
for the agreement.
    For example, the Committee notes that China has expressed 
interest in joining the TISA negotiations and encourages the 
Administration to engage with China and the other TISA 
participants to set the stage for China's possible entry if it 
proves that it is willing and able to meet the standard for the 
agreement. This Committee expects the Administration to work 
closely with China to develop evidence that U.S. concerns, 
which are numerous and significant, have been addressed and to 
consult regularly with this Committee throughout that process.
    The new requirement found in Subsection 5(a)(1)(D) that the 
President publish and regularly update on the USTR website a 
detailed and comprehensive summary of the objectives for the 
trade negotiations, as well as a description of how the trade 
agreement would further those objectives and benefit the United 
States, is intended to keep the public well-informed about the 
negotiations.
    Subsection 5(a)(5) expands upon subsection 2102(e) of 2002 
TPA and reflects the view of the Committee that a trading 
partner's adherence to its existing international trade and 
investment agreement obligations is an important factor that 
should be considered before initiating new negotiations. This 
analysis is also pertinent with respect to determining whether 
potential new entrants to Doha-related agreements are willing 
and able to meet the standard of such agreements.
    Subsection 5(b): This subsection consolidates reporting and 
consultation requirements from 2002 TPA related to consultation 
with Congress before entry into an agreement. For the first 
time, these reports are required by statute to be made public, 
which the Committee views as an important element in keeping 
the public well-informed about the negotiations.
    Subsection 5(c): This report was previously required by 
subsection 2104(f) of 2002 TPA. In response to recommendations 
from the General Accountability Office and requests from the 
International Trade Commission, the timeframe for preparing 
this report has been extended from 90 to 105 days. For the 
first time, this report is required by statute to be made 
public in the interest of greater transparency.
    Subsection 5(d): This subsection consolidates reporting 
requirements from 2002 TPA related to reports submitted to 
Committees with the agreement. For the first time, all of these 
reports are required by statute to be made public.
    Subsection 5(d)(3)(B) is a new reporting requirement that 
requires the Administration to include a description of any 
provisions that would require changes to the labor laws and 
labor practices of the United States. The Committee notes with 
satisfaction that no changes to U.S. labor or environmental 
laws have been required to implement any of the four agreements 
to which the May 10th Agreement provisions have applied and 
expects the same result regarding future agreements.
    Subsection 5(e): This analysis was required by subsection 
2108 of 2002 TPA. For the first time, this analysis is required 
by statute to be made public in the interest of greater 
transparency.
    Subsection 5(f): This subsection consolidates other reports 
from 2002 TPA and includes several new or expanded reports. For 
the first time, all of these reports are required by statute to 
be made public in the interest of keeping the public well-
informed.
    Subsection 5(f)(2) updates and expands a report required by 
section 2111 of 2002 TPA on the impact of TPA.
    The Act requires the International Trade Commission to 
prepare two reports on the economic impact on the United States 
of all trade agreements implemented under TPA since 1984, the 
first due in the year after the Act takes effect and the second 
due five years thereafter. Prior to preparing these reports, it 
is expected that the International Trade Commission will 
consult with the Senate Finance Committee and the House 
Committee on Ways and Means regarding the appropriate 
methodology to be used for purposes of these reports, and 
possible new approaches. The Committee expects that these 
reports will provide greater information and analysis about the 
benefits of trade agreements to the U.S. economy.
    Subsection 5(f)(3) is a new provision on enforcement 
consultations and reports. The Committee believes that 
successful negotiations by themselves are not sufficient to 
realize the benefits from free trade agreements and that 
monitoring and enforcement are complementary and necessary 
factors in the trade liberalization process. That is, 
meaningful progress will result when trading partners know that 
the United States stands ready to enforce its rights under 
trade agreements. This provision, the Committee believes, will 
help to enhance the enforcement efforts of the United States.
    The Committee is also concerned that in the past, the 
Administration has considered and accepted petitions for 
enforcement action even though no case had been made that the 
agreement had been violated. The Committee believes that the 
Administration must first review petitions to determine whether 
the claims satisfy the legal criteria before initiating a 
review on the merits.
    Subsection 5(g): The Committee intends this new provision 
to provide an additional avenue for Member input into the trade 
negotiating process by submitting views to the Committee, which 
will receive those views for consideration. The subsection also 
provides an opportunity for Members to submit their views to 
their representative to the Advisory Group on Negotiations.

Effective date

    The provision is effective upon enactment.

             SECTION 6: IMPLEMENTATION OF TRADE AGREEMENTS

Present law

    Section 2015 of 2002 TPA provides requirements with respect 
to implementation of trade agreements.

Explanation of provision

    Subsection 6(a) specifies that at least 90 days before 
entering into a trade agreement, the President must notify 
Congress of the President's intent to enter into that agreement 
and publish a notice in the Federal Register. At least 60 days 
before entering into the agreement, the President must publish 
the text of the agreement on the USTR website. Within 60 days 
after entering into the agreement, the President must submit a 
description of changes to existing laws that would be required 
by the agreement. At least 30 days before formally submitting 
the trade agreement to Congress, the President must provide to 
Congress a copy of the final legal text of the agreement and a 
draft statement of administrative action proposed to implement 
the agreement.
    On a day on which both Houses of Congress are in session, 
the President must submit the final text of the agreement, a 
draft implementing bill, a statement of administrative action, 
and certain supporting information. Among the required 
supporting information is a statement asserting how the 
agreement makes progress in achieving the objectives of this 
Act, whether and how the agreement changes provisions of an 
agreement previously negotiated, and how the agreement serves 
the interests of U.S. commerce. The supporting information 
shall be made public.
    Any agreement with a foreign government that is not 
disclosed before the introduction of an implementing bill shall 
not be considered part of the agreement and will have no force 
in U.S. law or in any dispute settlement body.
    Subsection 6(b) sets forth the processes and procedures for 
disapproval of the use of TPA if the President has failed or 
refused to notify or consult in accordance with this Act, or 
for failure to meet certain other requirements, including 
failing to make progress in achieving the purposes, policies, 
priorities, and objectives of this Act. Subsection 6(b)(1) 
contains the procedural disapproval resolution process by which 
both chambers of Congress, acting jointly, may withdraw trade 
authorities procedures on an expedited basis. Subsections 
6(b)(3) and (4) set forth the consultation and compliance 
resolution processes by which each chamber of Congress may 
unilaterally withdraw trade authorities procedures for that 
chamber.
    Subsection 6(b)(1)(B)(ii) states that the President has 
failed or refused to notify or consult if: the agreement fails 
to make progress in achieving the purposes, policies, 
priorities, and objectives of this Act; the President failed to 
consult in accordance with sections 4, 5, or 6; the President 
has not met with the House and Senate Advisory Groups on 
Negotiations; or the consultation and transparency guidelines 
required by section 4 have not been developed. In addition, the 
subsection provides that trade authorities procedures shall not 
apply to any implementing bill for an agreement negotiated 
under the auspices of the WTO if the President has not issued a 
report setting forth a strategy to address Congressional 
concerns regarding WTO dispute settlement panels and the 
Appellate Body by December 15, 2015.
    Subsection 6(c) reaffirms that Congressional procedures 
under this Act are established as an exercise of the rulemaking 
power of the House of Representatives and the Senate and 
recognizes the constitutional right of either House to change 
the rules at any time, in the same manner, and to the same 
extent as any other rule of that House.

Reason for change

    The procedures established under H.R. 1890 track closely to 
those of 2002 TPA and the 1988 Act, but with several important 
revisions to enhance and improve the Administration's 
accountability to Congress. As has been the practice under 2002 
TPA, the Committee believes that these provisions require 
Congress to participate meaningfully in the drafting of the 
implementing bill.
    As in the past, there is no deadline for the submission of 
the legislation by the President once an agreement has been 
concluded because the Committee intends that the Committees and 
the Administration have as much time as necessary to consider 
the content of the legislation. The Committee believes that the 
informal mark-up process conducted before formal submission of 
the implementing bill provides the Congress, the public, and 
the private sector ample opportunity to participate in the 
development of the proposed legislation and to provide their 
views to the Administration. The Committee fully expects the 
Administration to continue its practice of considering 
carefully the comments made during this informal process and of 
making no changes to the legislation beyond those recommended 
by the Committees. If the Administration must make changes to 
reconcile differing recommendations by the relevant Committees, 
the Committee expects that the Administration will continue to 
consult with the affected Committees. After the formal 
introduction, certain deadlines are appropriate because 
Congress has already conducted its process informally.
    Subsection 6(c), which has not changed, reaffirms that each 
House of Congress retains the right to withdraw TPA through 
exercise of its normal rulemaking authority at any time.
    H.R. 1890 makes six key changes to existing law. First, 
subsection 6(a)(1)(B) requires the Administration to publish 
the text of the agreement on the USTR website at least 60 days 
before the President can enter into the agreement. This new 
provision allows the public to review and consult on the full 
agreement with adequate time before it is finalized.
    Second, subsection 6(a)(1)(D) requires the President to 
provide Congress with a copy of the final legal text of the 
agreement and a draft statement of administrative action 
proposed to implement the agreement at least 30 days before 
formally submitting the trade agreement to Congress. This is 
intended to provide the Committee with the information 
necessary to conduct its mock-mark-up. It also allows Congress 
as a whole to review the materials with adequate time before 
the implementing bill is transmitted for consideration pursuant 
to this bill. In particular, early transmission of the 
statement of administrative action allows Congress an 
opportunity to understand how the Administration intends to 
implement the agreement if Congress passes implementing 
legislation. By requiring this information 30 days in advance, 
Congress is provided additional time to consult with the 
Administration on its implementation plan.
    Third, subsection 6(a)(1)(G) requires notification of 
Congress prior to entry into force. The Committee intends that 
the Administration shall maintain the same level of 
consultations prior to entry into force as it maintains in 
other stages of the negotiations, which has not always been the 
case. The Committee intends that this notification requirement 
will improve the implementation process for trade agreements 
and ensure that trade agreements do not enter into force until 
a trading partner has taken appropriate steps to comply with 
those provisions of the agreement that are to take effect on 
the date that the agreement enters into force.
    Fourth, subsection 6(a)(2)(B) requires that all reports and 
supporting information submitted with an implementing bill be 
made public.
    Fifth, the scope of the disapproval resolution in 
subsection 6(b) has been expanded to include all consultation 
requirements. In 2002 TPA, the disapproval resolution was 
available only for certain consultation obligations, and the 
Committee views this provision as a significant change 
expanding the power of Congress to revoke TPA if the 
Administration fails to meet any of the consultation 
requirements. Furthermore, Congress has the authority to pass a 
disapproval resolution to strip TPA for a particular agreement 
if the Administration fails to make progress in achieving the 
purposes, policies, priorities, and objectives included in this 
Act. This provision makes clear that it is the sole discretion 
of Congress to determine whether progress has been made.
    Sixth, subsections 6(b)(3) and (4) create a Consultation 
and Compliance Resolution process for the Senate and House, 
respectively. The Consultation and Compliance Resolution is an 
additional mechanism to withdraw trade authorities procedures 
for legislation implementing a trade agreement when it does not 
comply with TPA, in particular because the President fails or 
refuses to consult, or the agreement fails to make progress in 
achieving the purposes, policies, priorities and objectives of 
this bill. This mechanism reflects the critical role that 
effective Congressional oversight plays in ensuring that the 
President secures trade agreements that reflect Congressional 
negotiating priorities. Furthermore, for Congressional 
oversight to be effective, the Administration must adhere to 
the consultation requirements established in this bill so that 
Members, cleared advisors, and the public are appropriately 
kept informed throughout the negotiation process. In that 
regard, the House Committee on Ways and Means and the Senate 
Committee on Finance play a particularly important role in 
engaging with the Administration and ensuring that negotiations 
reflect Congressional priorities.
    The Committee intends to fully perform its responsibility 
over the negotiation and implementation of trade agreements. It 
is expected that, for any trade agreement transmitted to 
Congress pursuant to this bill, the Committee will meet on 
whether to report the implementing bill before it is considered 
on the floor of the Chamber. When the Committee meets on 
whether to report an implementing bill, it reports that bill, 
either with a favorable recommendation, or with a 
recommendation that is other than favorable. For every trade 
agreement considered under expedited procedures since the Trade 
Act of 1974 became law, the House Ways and Means and Senate 
Finance Committees have convened meetings prior to floor 
consideration of an implementing bill. These meetings have 
provided an important opportunity for members of the Committees 
to discuss the merits of the agreement and express their views 
on whether or not the agreement reflects Congressional 
negotiating priorities and the degree to which consultation 
requirements have been met. Furthermore, the Committees have 
always reported implementing bills to their respective chambers 
and expect to continue that practice.
    Under the new procedures in subsections 6(b)(3) and (4), if 
either of the Committees fails to favorably report an 
implementing bill when the Committee meets on whether to report 
an implementing bill, it will report a Consultation and 
Compliance Resolution to its respective chamber that can result 
in the disqualification of a bill implementing the trade 
agreement from receiving trade authorities procedures in that 
chamber. The Consultation and Compliance Resolution will ensure 
that the Administration is particularly mindful of 
Congressional negotiating priorities and consultation 
requirements. As a result, the Administration will be more 
likely to negotiate agreements that accurately reflect the 
views of Congress and provide the greatest benefit to American 
workers, businesses, farmers, manufacturers and service 
providers.
    Section 6(b)(4) governs consideration of a consultation and 
compliance resolution in the House of Representatives. 
Subparagraph (A) establishes the conditions precedent for 
consideration of such a resolution by the Committee on Ways and 
Means, namely that (1) the Committee on Ways and Means reports 
a particular implementing bill other than favorably and (2) a 
Member has introduced a consultation and compliance resolution 
addressing the same agreement or agreements on the legislative 
day following the filing of the report to accompany that 
implementing bill. If those conditions are met, the Committee 
on Ways and Means must meet and consider a consultation and 
compliance resolution.
    Subparagraph (B) describes the consideration of the 
consultation and compliance resolution by the Committee on Ways 
and Means. The Committee must meet not later than the fourth 
legislative day after the date on which a qualifying 
consultation and compliance resolution is introduced. The 
Committee is only required to consider a single resolution 
meeting the requirements of subparagraph (A); after meeting the 
requirements for consideration for one such resolution, the 
Committee is not required to consider additional resolutions 
addressing the same implementing bill. If, for any reason, the 
Committee fails to report the resolution to the House by the 
sixth legislative day after the date of introduction, the 
Committee will be discharged from the further consideration of 
the measure.
    Subparagraph (C) specifies the form of the resolution and 
provides that the resolution shall be referred to the Committee 
on Ways and Means. This provision is not intended to limit the 
jurisdiction of any other committee or the Speaker's authority 
to refer measures pursuant to clause 2 of rule XII.

Effective date

    The provision is effective upon enactment.

SECTION 7: TREATMENT OF CERTAIN TRADE AGREEMENTS FOR WHICH NEGOTIATIONS 
                           HAVE ALREADY BEGUN

Present law

    Section 2106 of 2002 TPA exempted the following agreements 
from pre-negotiation consultation requirements of subsection 
2104(a): agreements resulting from ongoing negotiations with 
Chile or Singapore, an agreement establishing a Free Trade Area 
of the Americas, and agreements concluded under the auspices of 
the WTO.

Explanation of provision

    Subsection 7(a) concerns the applicability of trade 
authorities procedures to implementing bills for certain trade 
negotiations commenced prior to enactment of this Act, 
including negotiations under the auspices of the WTO, the 
Trans-Pacific Partnership, trade negotiations with the European 
Union, negotiations with respect to trade in services, and 
negotiations with respect to environmental goods.
    Subsection 7(b) sets forth special notification and 
consultation procedures with respect to the negotiations 
identified in subsection 7(a), with respect only to the initial 
90-day notification prior to initiation of negotiations.

Reason for change

    The Committee recognizes the importance of the listed 
negotiations to the United States and the need to implement 
them under trade promotion authority. Section 7(a)(4) refers to 
the Trade in Services Agreement being negotiated in Geneva. 
Section 7(a)(5) refers to the Environmental Goods Agreement 
also being negotiated in Geneva.
    Because each of these negotiations began before enactment 
of H.R. 1890, it would not be possible for the Administration 
to comply with the pre-negotiation consultation requirements 
set forth in section 5(a). Accordingly, the Committee believes 
these requirements, and these requirements only, should be 
waived with regard to these agreements. However, the Committee 
expects that the Administration will consult with Congress as 
soon as feasible after enactment of this Act and will continue 
to consult closely with the Committee throughout the 
negotiations so that the Committee may be informed about the 
issues and communicate any concerns.

Effective date

    The provision is effective upon enactment.

                         SECTION 8: SOVEREIGNTY

Present law

    No provision.

Explanation of provision

    This section stipulates that the application of any 
provision of a trade agreement that is inconsistent with U.S. 
law shall have no effect; that no provision of a trade 
agreement shall prevent the United States from amending or 
modifying its laws; and that reports issued by dispute 
settlement panels convened under trade agreements shall have no 
binding effect under U.S. law.

Reason for change

    Section 8 affirms that trade agreements cannot change U.S. 
law without Congressional action, nor prevent the United States 
from changing its law in the future. Section 8 also confirms 
that U.S. law prevails in the event of a conflict. It also 
confirms that decisions of arbitral tribunals do not have 
direct legal effect in the United States. Under the 
Constitution, only Congress can change U.S. law.

Effective date

    The provision is effective upon enactment.

                 SECTION 9: INTERESTS OF SMALL BUSINESS

Present law

    Section 2112 of 2002 TPA addresses the interests of small 
business.

Explanation of provision

    Section 9 expresses the sense of Congress that USTR should 
facilitate participation by small businesses in the trade 
negotiation process; that the functions of the USTR official 
relating to small business should be reflected in the title of 
that official; and that the interests of small businesses 
should be considered in all trade negotiations.

Reason for change

    This provision is updated to reflect the Committee's intent 
that USTR should facilitate participation by small businesses 
in the trade negotiation process, reflect the interests of 
small businesses, and that the functions of the Assistant USTR 
for small business should be reflected in that AUSTR's title.

Effective date

    The provision is effective upon enactment.

                      III. VOTES OF THE COMMITTEE

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the following statement is made 
concerning the vote of the Committee on Ways and Means in its 
consideration of H.R. 1890, the Bipartisan Congressional Trade 
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                     IV. BUDGET EFFECTS OF THE BILL


               A. Committee Estimate of Budgetary Effects

    In compliance with clause 3(d) of rule XIII of the Rules of 
the House of Representatives, the following statement is made 
concerning the effects on the budget of the bill, H.R. 1890, as 
reported. The Committee agrees with the estimate prepared by 
the Congressional Budget Office (CBO), which is included below.

B. Statement Regarding New Budget Authority and Tax Expenditures Budget 
                               Authority

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee states that the 
bill involves no new or increased budget authority. The 
Committee states further that the bill involves no new or 
increased tax expenditures.

      C. Cost Estimate Prepared by the Congressional Budget Office

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, requiring a cost estimate 
prepared by the CBO, the following statement by CBO is 
provided.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 29, 2015.
Hon. Paul Ryan,
Chairman, Committee on Ways and Means,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1890, the 
Bipartisan Congressional Trade Priorities and Accountability 
Act of 2015.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Ann E. 
Futrell.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 1890--Bipartisan Congressional Trade Priorities and Accountability 
        Act of 2015

    H.R. 1890 would restore the President's authority to enter 
into multilateral and bilateral trade agreements. The authority 
would be extended through July 1, 2018, with the possibility to 
extend for another three years at the President's request. Pay-
as-you-go procedures apply because enacting the legislation 
could affect revenues. Enacting the bill would not affect 
direct spending.
    H.R. 1890 would authorize two different methods for the 
United States to enter into multilateral and bilateral trade 
agreements. First, the bill would reinstate a rarely used 
authority that would allow the President to reduce certain duty 
rates within specified limitations without further 
Congressional action. While this authority could result in a 
reduction in estimated revenue, CBO has no basis for 
determining when or if the President would lower duty rates or 
the extent of such changes. Therefore, CBO cannot estimate the 
effect of enacting this proposal.
    Second, the bill would restore the President's authority to 
propose trade agreements under an expedited procedure for 
Congressional approval, often referred to as ``fast track 
authority.'' For such trade agreements, the Congress would not 
be able to amend the implementing legislation once it was 
introduced. Furthermore, as long as the President met statutory 
requirements concerning Congressional consultation during the 
negotiation process, the Congress would be required to act on 
the legislation following a strict timetable. CBO estimates 
that enacting this authority would not affect revenues or 
direct spending because future trade agreements would require 
the Congress to pass implementing legislation.
    In addition, implementing H.R. 1890 would affect spending 
subject to appropriation. Based on information from the U.S. 
International Trade Commission, CBO estimates that implementing 
the reporting requirements under the bill would cost less than 
$500,000 over the 2015-2020 period, assuming the availability 
of appropriated amounts.
    H.R. 1890 also would amend current law regarding oversight 
and consultations during trade agreements. Specifically, the 
bill would require a number of consultations by the U.S. Trade 
Representative with congressional advisory committees regarding 
trade talks. According to the U.S. Trade Representative, this 
provision would generally codify the agency's current policy 
and practice. Thus, CBO estimates implementing these 
requirements would cost less than $500,000 over the 2015-2020 
period.
    H.R. 1890 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Ann E. Futrell. 
The estimate was approved by Theresa Gullo, Assistant Director 
for Budget Analysis.

   V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE OF 
                            REPRESENTATIVES


          A. Committee Oversight Findings and Recommendations

    With respect to clause 3(c)(1) of rule XIII of the Rules of 
the House of Representatives (relating to oversight findings), 
the Committee advises that it was as a result of the 
Committee's review of the provisions of H.R. 1890 that the 
Committee concluded that it is appropriate to report the bill, 
as amended, favorably to the House of Representatives with the 
recommendation that the bill do pass.

        B. Statement of General Performance Goals and Objectives

    With respect to clause 3(c)(4) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
bill contains no measure that authorizes funding, so no 
statement of general performance goals and objectives for which 
any measure authorizes funding is required.

              C. Information Relating to Unfunded Mandates

    This information is provided in accordance with section 423 
of the Unfunded Mandates Reform Act of 1995 (Pub. L. No. 104-
4).
    The Committee has determined that the bill does not contain 
Federal mandates on the private sector. The Committee has 
determined that the bill does not impose a Federal 
intergovernmental mandate on State, local, or tribal 
governments.

  D. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    With respect to clause 9 of rule XXI of the Rules of the 
House of Representatives, the Committee has carefully reviewed 
the provisions of the bill, and states that the provisions of 
the bill do not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits within the meaning of the 
rule.

                   E. Duplication of Federal Programs

    In compliance with Sec. 3(g)(2) of H. Res. 5 (114th 
Congress), the Committee states that no provision of the bill 
establishes or reauthorizes: (1) a program of the Federal 
Government known to be duplicative of another Federal program; 
(2) a program included in any report from the Government 
Accountability Office to Congress pursuant to section 21 of 
Public Law 111-139; or (3) a program related to a program 
identified in the most recent Catalog of Federal Domestic 
Assistance, published pursuant to the Federal Program 
Information Act (Pub. L. No. 95-220, as amended by Pub. L. No. 
98-169).

                 F. Disclosure of Directed Rule Makings

    In compliance with Sec. 3(i) of H. Res. 5 (114th Congress), 
the following statement is made concerning directed rule 
makings: The Committee estimates that the bill requires no 
directed rule makings within the meaning of such section.

       VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED


  A. Text of Existing Law Amended or Repealed by the Bill, as Reported

    In compliance with clause 3(e)(1)(A) of rule XIII of the 
Rules of the House of Representatives, the text of each section 
proposed to be amended or repealed by the bill, as reported, is 
shown below:

   TEXT OF EXISTING LAW AMENDED OR REPEALED BY THE BILL, AS REPORTED

  In compliance with clause 3(e)(1)(A) of rule XIII of the 
Rules of the House of Representatives, the text of each section 
proposed to be amended or repealed by the bill, as reported, is 
shown below:

                           TRADE ACT OF 1974




           *       *       *       *       *       *       *
TITLE I--NEGOTIATING AND OTHER AUTHORITY

           *       *       *       *       *       *       *


         CHAPTER 3--HEARINGS AND ADVICE CONCERNING NEGOTIATIONS

SEC. 131. ADVICE FROM INTERNATIONAL TRADE COMMISSION.

  (a) Lists of Articles Which May Be Considered for Action.--
          (1) In connection with any proposed trade agreement 
        under section 123 of this Act or section 2103(a) or (b) 
        of the Bipartisan Trade Promotion Authority Act of 
        2002, the President shall from time to time publish and 
        furnish the International Trade Commission (hereafter 
        in this section referred to as the ``Commission'') with 
        lists of articles which may be considered for 
        modification or continuance of United States duties, 
        continuance of United States duty-free or excise 
        treatment, or additional duties. In the case of any 
        article with respect to which consideration may be 
        given to reducing or increasing the rate of duty, the 
        list shall specify the provision of this subchapter 
        under which such consideration may be given.
          (2) In connection with any proposed trade agreement 
        under section 2103(b) of the Bipartisan Trade Promotion 
        Authority Act of 2002, the President may from time to 
        time publish and furnish the Commission with lists of 
        nontariff matters which may be considered for 
        modification.
  (b) Advice to President by Commission.--Within 6 months after 
receipt of a list under subsection (a) or, in the case of a 
list submitted in connection with a trade agreement, within 90 
days after receipt of such list, the Commission shall advise 
the President, with respect to each article or nontariff 
matter, of its judgment as to the probable economic effect of 
modification of the tariff or nontariff measure on industries 
producing like or directly competitive articles and on 
consumers, so as to assist the President in making an informed 
judgment as to the impact which might be caused by such 
modifications on United States interests, such as sectors 
involved in manufacturing, agriculture, mining, fishing, 
services, intellectual property, investment, labor, and 
consumers. Such advice may include in the case of any article 
the advice of the Commission as to whether any reduction in the 
rate of duty should take place over a longer period of time 
than the minimum period provided for in section 2103(a)(3)(A) 
of the Bipartisan Trade Promotion Authority Act of 2002.
  (c) Additional Investigations and Reports Requested by the 
President or the Trade Representative.--In addition, in order 
to assist the President in his determination whether to enter 
into any agreement under section 123 of this Act or section 
2103 of the Bipartisan Trade Promotion Authority Act of 2002, 
or how to develop trade policy, priorities or other matters 
(such as priorities for actions to improve opportunities in 
foreign markets), the Commission shall make such investigations 
and reports as may be requested by the President or the United 
States Trade Representative on matters such as effects of 
modification of any barrier to (or other distortion of) 
international trade on domestic workers, industries or sectors, 
purchasers, prices and quantities of articles in the United 
States.
  (d) Commission Steps in Preparing Its Advice to the 
President.--In preparing its advice to the President under this 
section, the Commission shall to the extent practicable--
          (1) investigate conditions, causes, and effects 
        relating to competition between the foreign industries 
        producing the articles or services in question and the 
        domestic industries producing the like or directly 
        competitive articles or services;
          (2) analyze the production, trade, and consumption of 
        each like or directly competitive article or service, 
        taking into consideration employment, profit levels, 
        and use of productive facilities with respect to the 
        domestic industries concerned, and such other economic 
        factors in such industries as it considers relevant, 
        including prices, wages, sales, inventories, patterns 
        of demand, capital investment, obsolescence of 
        equipment, and diversification of production;
          (3) describe the probable nature and extent of any 
        significant change in employment, profit levels, and 
        use of productive facilities; the overall impact of 
        such or other possible changes on the competitiveness 
        of relevant domestic industries or sectors; and such 
        other conditions as it deems relevant in the domestic 
        industries or sectors concerned which it believes such 
        modifications would cause; and
          (4) make special studies (including studies of real 
        wages paid in foreign supplying countries), whenever 
        deemed to be warranted, of particular proposed 
        modifications affecting United States manufacturing, 
        agriculture, mining, fishing, labor, consumers, 
        services, intellectual property and investment, using 
        to the fullest extent practicable United States 
        Government facilities abroad and appropriate personnel 
        of the United States.
  (e) Public Hearing.--In preparing its advice to the President 
under this section, the Commission shall, after reasonable 
notice, hold public hearings.

SEC. 132. ADVICE FROM EXECUTIVE DEPARTMENTS AND OTHER SOURCES.

  Before any trade agreement is entered into under section 123 
of this Act or section 2103 of the Bipartisan Trade Promotion 
Authority Act of 2002, the President shall seek information and 
advice with respect to such agreement from the Departments of 
Agriculture, Commerce, Defense, Interior, Labor, State and the 
Treasury, from the United States Trade Representative, and from 
such other sources as he may deem appropriate. Such advice 
shall be prepared and presented consistent with the provisions 
of Reorganization Plan Number 3 of 1979, Executive Order Number 
12188 and section 141(c).

SEC. 133. PUBLIC HEARINGS.

  (a) Opportunity for Presentation of Views.--In connection 
with any proposed trade agreement under section 123 of this Act 
or section 2103 of the Bipartisan Trade Promotion Authority Act 
of 2002, the President shall afford an opportunity for any 
interested person to present his views concerning any article 
on a list published under section 131, any matter or article 
which should be so listed, any concession which should be 
sought by the United States, or any other matter relevant to 
such proposed trade agreement. For this purpose, the President 
shall designate an agency or an interagency committee which 
shall, after reasonable notice, hold public hearings and 
prescribe regulations governing the conduct of such hearings. 
When appropriate, such procedures shall apply to the 
development of trade policy and priorities.
  (b) Summary of Hearings.--The organization holding such 
hearing shall furnish the President with a summary thereof.

SEC. 134. PREREQUISITES FOR OFFERS.

  (a) In any negotiation seeking an agreement under section 123 
of this Act or section 2103 of the Bipartisan Trade Promotion 
Authority Act of 2002, the President may make a formal offer 
for the modification or continuance of any United States duty, 
import restrictions, or barriers to (or other distortions of) 
international trade, the continuance of United States duty-free 
or excise treatment, or the imposition of additional duties, 
import restrictions, or other barrier to (or other distortion 
of) international trade including trade in services, foreign 
direct investment and intellectual property as covered by this 
title, with respect to any article or matter only after he has 
received a summary of the hearings at which an opportunity to 
be heard with respect to such article has been afforded under 
section 133. In addition, the President may make an offer for 
the modification or continuance of any United States duty, the 
continuance of United States duty-free or excise treatment, or 
the imposition of additional duties, with respect to any 
article included in a list published and furnished under 
section 131(a), only after he has received advice concerning 
such article from the Commission under section 131(b), or after 
the expiration of the 6-month or 90-day period provided for in 
that section, as appropriate, whichever first occurs.
  (b) In determining whether to make offers described in 
subsection (a) in the course of negotiating any trade agreement 
under section 2103 of the Bipartisan Trade Promotion Authority 
Act of 2002, and in determining the nature and scope of such 
offers, the President shall take into account any advice or 
information provided, or reports submitted, by--
          (1) the Commission;
          (2) any advisory committee established under section 
        135; or
          (3) any organization that holds public hearings under 
        section 133;
with respect to any article, or domestic industry, that is 
sensitive, or potentially sensitive, to imports.

SEC. 135. INFORMATION AND ADVICE FROM PRIVATE AND PUBLIC SECTORS.

  (a) In General.--
          (1) The President shall seek information and advice 
        from representative elements of the private sector and 
        the non-Federal governmental sector with respect to--
                  (A) negotiating objectives and bargaining 
                positions before entering into a trade 
                agreement under this title or section 2103 of 
                the Bipartisan Trade Promotion Authority Act of 
                2002;
                  (B) the operation of any trade agreement once 
                entered into, including preparation for dispute 
                settlement panel proceedings to which the 
                United States is a party; and
                  (C) other matters arising in connection with 
                the development, implementation, and 
                administration of the trade policy of the 
                United States, including those matters referred 
                to in Reorganization Plan Number 3 of 1979 and 
                Executive Order Numbered 12188, and the 
                priorities for actions thereunder.
        To the maximum extent feasible, such information and 
        advice on negotiating objectives shall be sought and 
        considered before the commencement of negotiations.
          (2) The President shall consult with representative 
        elements of the private sector and the non-Federal 
        governmental sector on the overall current trade policy 
        of the United States. The consultations shall include, 
        but are not limited to, the following elements of such 
        policy:
                  (A) The principal multilateral and bilateral 
                trade negotiating objectives and the progress 
                being made toward their achievement.
                  (B) The implementation, operation, and 
                effectiveness of recently concluded 
                multilateral and bilateral trade agreements and 
                resolution of trade disputes.
                  (C) The actions taken under the trade laws of 
                the United States and the effectiveness of such 
                actions in achieving trade policy objectives.
                  (D) Important developments in other areas of 
                trade for which there must be developed a 
                proper policy response.
          (3) The President shall take the advice received 
        through consultation under paragraph (2) into account 
        in determining the importance which should be placed on 
        each major objective and negotiating position that 
        should be adopted in order to achieve the overall trade 
        policy of the United States.
  (b) Advisory Committee for Trade Policy and Negotiations.--
          (1) The President shall establish an Advisory 
        Committee for Trade Policy and Negotiations to provide 
        overall policy advice on matters referred to in 
        subsection (a). The committee shall be composed of not 
        more than 45 individuals and shall include 
        representatives of non-Federal governments, labor, 
        industry, agriculture, small business, service 
        industries, retailers, nongovernmental environmental 
        and conservation organizations, and consumer interests. 
        The committee shall be broadly representative of the 
        key sectors and groups of the economy, particularly 
        with respect to those sectors and groups which are 
        affected by trade. Members of the committee shall be 
        recommended by the United States Trade Representative 
        and appointed by the President for a term of 4 years or 
        until the committee is scheduled to expire. An 
        individual may be reappointed to committee for any 
        number of terms. Appointments to the Committee shall be 
        made without regard to political affiliation.
          (2) The committee shall meet as needed at the call of 
        the United States Trade Representative or at the call 
        of two-thirds of the members of the committee. The 
        chairman of the committee shall be elected by the 
        committee from among its members.
          (3) The United States Trade Representative shall make 
        available to the committee such staff, information, 
        personnel, and administrative services and assistance 
        as it may reasonably require to carry out its 
        activities.
  (c) General Policy, Sectoral, or Functional Advisory 
Committees.--
          (1) The President may establish individual general 
        policy advisory committees for industry, labor, 
        agriculture, services, investment, defense, and other 
        interests, as appropriate, to provide general policy 
        advice on matters referred to in subsection (a). Such 
        committees shall, insofar as is practicable, be 
        representative of all industry, labor, agricultural, 
        service, investment, defense, and other interests, 
        respectively, including small business interests, and 
        shall be organized by the United States Trade 
        Representative and the Secretaries of Commerce, 
        Defense, Labor, Agriculture, the Treasury, or other 
        executive departments, as appropriate. The members of 
        such committees shall be appointed by the United States 
        Trade Representative in consultation with such 
        Secretaries.
          (2) The President shall establish such sectoral or 
        functional advisory committees as may be appropriate. 
        Such committees shall, insofar as is practicable, be 
        representative of all industry, labor, agricultural, or 
        service interests (including small business interests) 
        in the sector or functional areas concerned. In 
        organizing such committees, the United States Trade 
        Representative and the Secretaries of Commerce, Labor, 
        Agriculture, the Treasury, or other executive 
        departments, as appropriate, shall--
                  (A) consult with interested private 
                organizations; and
                  (B) take into account such factors as--
                          (i) patterns of actual and potential 
                        competition between United States 
                        industry and agriculture and foreign 
                        enterprise in international trade,
                          (ii) the character of the nontariff 
                        barriers and other distortions 
                        affecting such competition,
                          (iii) the necessity for reasonable 
                        limits on the number of such advisory 
                        committees,
                          (iv) the necessity that each 
                        committee be reasonably limited in 
                        size, and
                          (v) in the case of each sectoral 
                        committee, that the product lines 
                        covered by each committee be reasonably 
                        related.
          (3) The President--
                  (A) may, if necessary, establish policy 
                advisory committees representing non-Federal 
                governmental interests to provide policy 
                advice--
                          (i) on matters referred to in 
                        subsection (a), and
                          (ii) with respect to implementation 
                        of trade agreements, and
                  (B) shall include as members of committees 
                established under subparagraph (A) 
                representatives of non-Federal governmental 
                interests if he finds such inclusion 
                appropriate after consultation by the United 
                States Trade Representative with such 
                representatives.
          (4) Appointments to each committee established under 
        paragraph (1), (2), or (3) shall be made without regard 
        to political affiliation.
  (d) Policy, Technical, and Other Advice and Information.--
Committees established under subsection (c) shall meet at the 
call of the United States Trade Representative and the 
Secretaries of Agriculture, Commerce, Labor, Defense, or other 
executive departments, as appropriate, to provide policy 
advice, technical advice and information, and advice on other 
factors relevant to the matters referred to in subsection (a).
  (e) Meeting of Advisory Committees at Conclusion of 
Negotiations.--
          (1) The Advisory Committee for Trade Policy and 
        Negotiations, each appropriate policy advisory 
        committee, and each sectoral or functional advisory 
        committee, if the sector or area which such committee 
        represents is affected, shall meet at the conclusion of 
        negotiations for each trade agreement entered into 
        under section 2103 of the Bipartisan Trade Promotion 
        Authority Act of 2002, to provide to the President, to 
        Congress, and to the United States Trade Representative 
        a report on such agreement. Each report that applies to 
        a trade agreement entered into under section 2103 of 
        the Bipartisan Trade Promotion Authority Act of 2002 
        shall be provided under the preceding sentence 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 of his intention 
        to enter into that agreement.
          (2) The report of the Advisory Committee for Trade 
        Policy and Negotiations and each appropriate policy 
        advisory committee shall include an advisory opinion as 
        to whether and to what extent the agreement promotes 
        the economic interests of the United States and 
        achieves the applicable overall and principal 
        negotiating objectives set forth in section 2102 of the 
        Bipartisan Trade Promotion Authority Act of 2002, as 
        appropriate.
          (3) The report of the appropriate sectoral or 
        functional committee under paragraph (1) shall include 
        an advisory opinion as to whether the agreement 
        provides for equity and reciprocity within the sector 
        or within the functional area.
  (f) Application of Federal Advisory Committee Act.--The 
provisions of the Federal Advisory Committee Act apply--
          (1) to the Advisory Committee for Trade Policy and 
        Negotiations established under subsection (b); and
          (2) to all other advisory committees which may be 
        established under subsection (c) of this section, 
        except that--
                  (A) the meetings of advisory committees 
                established under subsections (b) and (c) of 
                this section shall be exempt from the 
                requirements of subsections (a) and (b) of 
                sections 10 and 11 of the Federal Advisory 
                Committee Act (relating to open meetings, 
                public notice, public participation, and public 
                availability of documents), whenever and to the 
                extent it is determined by the President or the 
                President's designee that such meetings will be 
                concerned with matters the disclosure of which 
                would seriously compromise the development by 
                the United States Government of trade policy, 
                priorities, negotiating objectives, or 
                bargaining positions with respect to matters 
                referred to in subsection (a) of this section, 
                and that meetings may be called of such special 
                task forces, plenary meetings of chairmen, or 
                other such groups made up of members of the 
                committees established under subsections (b) 
                and (c) of this section; and
                  (B) notwithstanding subsection (a)(2) of 
                section 14 of the Federal Advisory Committee 
                Act, any committee established under subsection 
                (b) or (c) may, in the discretion of the 
                President or the President's designee, 
                terminate not later than the expiration of the 
                4-year period beginning on the date of its 
                establishment.
  (g) Trade Secrets and Confidential Information.--
          (1) Trade secrets and commercial or financial 
        information which is privileged or confidential, and 
        which is submitted in confidence by the private sector 
        or non-Federal government to officers or employees of 
        the United States in connection with trade 
        negotiations, may be disclosed upon request to--
                  (A) officers and employees of the United 
                States designated by the United States Trade 
                Representative;
                  (B) members of the Committee on Ways and 
                Means of the House of Representatives and the 
                Committee on Finance of the Senate who are 
                designated as official advisers under section 
                161(a)(1) or are designated by the chairmen of 
                either such committee under section 
                161(b)(3)(A) and staff members of either such 
                committee designated by the chairmen under 
                section 161(b)(3)(A); and
                  (C) members of any committee of the House or 
                Senate or any joint committee of Congress who 
                are designated as advisers under section 
                161(a)(2) or designated by the chairman of such 
                committee under section 161(b)(3)(B) and staff 
                members of such committee designated under 
                section 161(b)(3)(B), but disclosure may be 
                made under this subparagraph only with respect 
                to trade secrets or commercial or financial 
                information that is relevant to trade policy 
                matters or negotiations that are within the 
                legislative jurisdiction of such committee;
        for use in connection with matters referred to in 
        subsection (a).
          (2) Information other than that described in 
        paragraph (1), and advice submitted in confidence by 
        the private sector or non-Federal government to 
        officers or employees of the United States, to the 
        Advisory Committee for Trade Policy and Negotiations, 
        or to any advisory committee established under 
        subsection (c), in connection with matters referred to 
        in subsection (a), may be disclosed upon request to--
                  (A) the individuals described in paragraph 
                (1); and
                  (B) the appropriate advisory committee 
                established under this section.
          (3) Information submitted in confidence by officers 
        or employees of the United States to the Advisory 
        Committee for Trade Policy and Negotiations, or to any 
        advisory committee established under subsection (c), 
        may be disclosed in accordance with rules issued by the 
        United States Trade Representative and the Secretaries 
        of Commerce, Labor, Defense, Agriculture, or other 
        executive departments, as appropriate, after 
        consultation with the relevant advisory committees 
        established under subsection (c). Such rules shall 
        define the categories of information which require 
        restricted or confidential handling by such committee 
        considering the extent to which public disclosure of 
        such information can reasonably be expected to 
        prejudice the development of trade policy, priorities, 
        or United States negotiating objectives. Such rules 
        shall, to the maximum extent feasible, permit 
        meaningful consultations by advisory committee members 
        with persons affected by matters referred to in 
        subsection (a).
  (h) Advisory Committee Support.--The United States Trade 
Representative, and the Secretaries of Commerce, Labor, 
Defense, Agriculture, the Treasury, or other executive 
departments, as appropriate, shall provide such staff, 
information, personnel, and administrative services and 
assistance to advisory committees established under subsection 
(c) as such committees may reasonably require to carry out 
their activities.
  (i) Consultation With Advisory Committees; Procedures; 
Nonacceptance of Committee Advice or Recommendations.--It shall 
be the responsibility of the United States Trade 
Representative, in conjunction with the Secretaries of 
Commerce, Labor, Agriculture, the Treasury, or other executive 
departments, as appropriate, to adopt procedures for 
consultation with and obtaining information and advice from the 
advisory committees established under subsection (c) on a 
continuing and timely basis. Such consultation shall include 
the provision of information to each advisory committee as to--
          (1) significant issues and developments; and
          (2) overall negotiating objectives and positions of 
        the United States and other parties;
with respect to matters referred to in subsection (a). The 
United States Trade Representative shall not be bound by the 
advice or recommendations of such advisory committees, but 
shall inform the advisory committees of significant departures 
from such advice or recommendations made. In addition, in the 
course of consultations with the Congress under this title, 
information on the advice and information provided by advisory 
committees shall be made available to congressional advisers.
  (j) Private Organizations or Groups.--In addition to any 
advisory committee established under this section, the 
President shall provide adequate, timely and continuing 
opportunity for the submission on an informal basis (and, if 
such information is submitted under the provisions of 
subsection (g), on a confidential basis) by private 
organizations or groups, representing government, labor, 
industry, agriculture, small business, service industries, 
consumer interests, and others, of statistics, data and other 
trade information, as well as policy recommendations, pertinent 
to any matter referred to in subsection (a).
  (k) Scope of Participation by Members of Advisory 
Committees.--Nothing contained in this section shall be 
construed to authorize or permit any individual to participate 
directly in any negotiation of any matters referred to in 
subsection (a). To the maximum extent practicable, the members 
of the committees established under subsections (b) and (c), 
and other appropriate parties, shall be informed and consulted 
before and during any such negotiations. They may be designated 
as advisors to a negotiating delegation, and may be permitted 
to participate in international meetings to the extent the head 
of the United States delegation deems appropriate. However, 
they may not speak or negotiate for the United States.
  (l) Advisory Committees Established by Department of 
Agriculture.--The provisions of title XVIII of the Food and 
Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) shall not apply 
to any advisory committee established under subsection (c).
  (m) Non-Federal Government Defined.--As used in this section, 
the term ``non-Federal government'' means--
          (1) any State, territory, or possession of the United 
        States, or the District of Columbia, or any political 
        subdivision thereof; or
          (2) any agency or instrumentality of any entity 
        described in paragraph (1).

           *       *       *       *       *       *       *


      CHAPTER 4--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SEC. 141. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE.

  (a) There is established within the Executive Office of the 
President the Office of the United States Trade Representative 
(hereinafter in this section referred to as the ``Office'').
  (b)(1) The Office shall be headed by the United States Trade 
Representative who shall be appointed by the President, by and 
with the advice and consent of the Senate. As an exercise of 
the rulemaking power of the Senate, any nomination of the 
United States Trade Representative submitted to the Senate for 
confirmation, and referred to a committee, shall be referred to 
the Committee on Finance. The United States Trade 
Representative shall hold office at the pleasure of the 
President, shall be entitled to receive the same allowances as 
a chief of mission, and shall have the rank of Ambassador 
Extraordinary and Plenipotentiary.
  (2) There shall be in the Office three Deputy United States 
Trade Representatives and one Chief Agricultural Negotiator who 
shall be appointed by the President, by and with the advice and 
consent of the Senate. As an exercise of the rulemaking power 
of the Senate, any nomination of a Deputy United States Trade 
Representative or the Chief Agricultural Negotiator submitted 
to the Senate for its advice and consent, and referred to a 
committee, shall be referred to the Committee on Finance. Each 
Deputy United States Trade Representative and the Chief 
Agricultural Negotiator shall hold office at the pleasure of 
the President and shall have the rank of Ambassador.
  (3) A person who has directly represented, aided, or advised 
a foreign entity (as defined by section 207(f)(3) of title 18, 
United States Code) in any trade negotiation, or trade dispute, 
with the United States may not be appointed as United States 
Trade Representative or as a Deputy United States Trade 
Representative.
  (c)(1) The United States Trade Representative shall--
          (A) have primary responsibility for developing, and 
        for coordinating the implementation of, United States 
        international trade policy, including commodity 
        matters, and, to the extent they are related to 
        international trade policy, direct investment matters;
          (B) serve as the principal advisor to the President 
        on international trade policy and shall advise the 
        President on the impact of other policies of the United 
        States Government on international trade;
          (C) have lead responsibility for the conduct of, and 
        shall be the chief representative of the United States 
        for, international trade negotiations, including all 
        negotiations on any matter considered under the 
        auspices of the World Trade Organization, commodity and 
        direct investment negotiations, in which the United 
        States participates;
          (D) issue and coordinate policy guidance to 
        departments and agencies on basic issues of policy and 
        interpretation arising in the exercise of international 
        trade functions, including any matter considered under 
        the auspices of the World Trade Organization, to the 
        extent necessary to assure the coordination of 
        international trade policy and consistent with any 
        other law;
          (E) act as the principal spokesman of the President 
        on international trade;
          (F) report directly to the President and the Congress 
        regarding, and be responsible to the President and the 
        Congress for the administration of, trade agreements 
        programs;
          (G) advise the President and Congress with respect to 
        nontariff barriers to international trade, 
        international commodity agreements, and other matters 
        which are related to the trade agreements programs;
          (H) be responsible for making reports to Congress 
        with respect to matters referred to in subparagraphs 
        (C) and (F);
          (I) be chairman of the interagency trade organization 
        established under section 242(a) of the Trade Expansion 
        Act of 1962, and shall consult with and be advised by 
        such organization in the performance of his functions; 
        and
          (J) in addition to those functions that are delegated 
        to the United States Trade Representative as of the 
        date of the enactment of the Omnibus Trade and 
        Competitiveness Act of 1988, be responsible for such 
        other functions as the President may direct.
  (2) It is the sense of Congress that the United States Trade 
Representative should--
          (A) be the senior representative on any body that the 
        President may establish for the purpose of providing to 
        the President advice on overall economic policies in 
        which international trade matters predominate; and
          (B) be included as a participant in all economic 
        summit and other international meetings at which 
        international trade is a major topic.
  (3) The United States Trade Representative may--
          (A) delegate any of his functions, powers, and duties 
        to such officers and employees of the Office as he may 
        designate; and
          (B) authorize such successive redelegations of such 
        functions, powers, and duties to such officers and 
        employees of the Office as he may deem appropriate.
  (4) Each Deputy United States Trade Representative shall have 
as his principal function the conduct of trade negotiations 
under this Act and shall have such other functions as the 
United States Trade Representative may direct.
          (5) The principal function of the Chief Agricultural 
        Negotiator shall be to conduct trade negotiations and 
        to enforce trade agreements relating to United States 
        agricultural products and services. The Chief 
        Agricultural Negotiator shall be a vigorous advocate on 
        behalf of United States agricultural interests. The 
        Chief Agricultural Negotiator shall perform such other 
        functions as the United States Trade Representative may 
        direct.
  (d)(1) In carrying out subsection (c) with respect to unfair 
trade practices, the United States Trade Representative shall--
          (A) coordinate the application of interagency 
        resources to specific unfair trade practice cases;
          (B) identify, and refer to the appropriate Federal 
        department or agency for consideration with respect to 
        action, each act, policy, or practice referred to in 
        the report required under section 181(b), or otherwise 
        known to the United States Trade Representative on the 
        basis of other available information, that may be an 
        unfair trade practice that either--
                  (i) is considered to be inconsistent with the 
                provisions of any trade agreement and has a 
                significant adverse impact on United States 
                commerce, or
                  (ii) has a significant adverse impact on 
                domestic firms or industries that are either 
                too small or financially weak to initiate 
                proceedings under the trade laws;
          (C) identify practices having a significant adverse 
        impact on United States commerce that the attainment of 
        United States negotiating objectives would eliminate; 
        and
          (D) identify, on a biennial basis, those United 
        States Government policies and practices that, if 
        engaged in by a foreign government, might constitute 
        unfair trade practices under United States law.
  (2) For purposes of carrying out paragraph (1), the United 
States Trade Representative shall be assisted by an interagency 
unfair trade practices advisory committee composed of the Trade 
Representative, who shall chair the committee, and senior 
representatives of the following agencies, appointed by the 
respective heads of those agencies:
          (A) The Bureau of Economics and Business Affairs of 
        the Department of State.
          (B) The United States and Foreign Commercial Services 
        of the Department of Commerce.
          (C) The International Trade Administration (other 
        than the United States and Foreign Commercial Service) 
        of the Department of Commerce.
          (D) The Foreign Agricultural Service of the 
        Department of Agriculture.
The United States Trade Representative may also request the 
advice of the United States International Trade Commission 
regarding the carrying out of paragraph (1).
  (3) For purposes of this subsection, the term ``unfair trade 
practice'' means any act, policy, or practice that--
          (A) may be a subsidy with respect to which 
        countervailing duties may be imposed under subtitle A 
        of title VII;
          (B) may result in the sale or likely sale of foreign 
        merchandise with respect to which antidumping duties 
        may be imposed under subtitle B of title VII;
          (C) may be either an unfair method of competition, or 
        an unfair act in the importation of articles into the 
        United States, that is unlawful under section 337; or
          (D) may be an act, policy, or practice of a kind with 
        respect to which action may be taken under title III of 
        the Trade Act of 1974.
  (e) The United States Trade Representative may, for the 
purpose of carrying out his functions under this section--
          (1) subject to the civil service and classification 
        laws, select, appoint, employ, and fix the compensation 
        of such officers and employees as are necessary and 
        prescribe their authority and duties, except that not 
        more than 20 individuals may be employed without regard 
        to any provision of law regulating the employment or 
        compensation at rates not to exceed the rate of pay for 
        level IV of the Executive Schedule in section 5314 of 
        title 5, United States Code;
          (2) employ experts and consultants in accordance with 
        section 3109 of title 5, United States Code, and 
        compensate individuals so employed for each day 
        (including traveltime) at rates not in excess of the 
        maximum rate of pay for grade GS-18 as provided in 
        section 5332 of title 5, United States Code, and while 
        such experts and consultants are so serving away from 
        their homes or regular place of business, to pay such 
        employees travel expenses and per diem in lieu of 
        subsistence at rates authorized by section 5703 of 
        title 5, United States Code, for persons in Government 
        service employed intermittently;
          (3) promulgate such rules and regulations as may be 
        necessary to carry out the functions, powers and duties 
        vested in him;
          (4) utilize, with their consent, the services, 
        personnel, and facilities of other Federal agencies;
          (5) enter into and perform such contracts, leases, 
        cooperative agreements, or other transactions as may be 
        necessary in the conduct of the work of the Office and 
        on such terms as the United States Trade Representative 
        may deem appropriate, with any agency or 
        instrumentality of the United States, or with any 
        public or private person, firm, association, 
        corporation, or institution;
          (6) accept voluntary and uncompensated services, 
        notwithstanding the provisions of section 1342 of title 
        31, United States Code;
          (7) adopt an official seal, which shall be judicially 
        noticed; and
          (8) pay for expenses approved by him for official 
        travel without regard to the Federal Travel Regulations 
        or to the provisions of subchapter I of chapter 57 of 
        title 5, United States Code (relating to rates of per 
        diem allowances in lieu of subsistence expenses);
          (9) accept, hold, administer, and utilize gifts, 
        devises, and bequests of property, both real and 
        personal, for the purpose of aiding or facilitating the 
        work of the Office;
          (10) acquire, by purchase or exchange, not more than 
        two passenger motor vehicles for use abroad, except 
        that no vehicle may be required at a cost exceeding 
        $9,500; and
          (11) provide, where authorized by law, copies of 
        documents to persons at cost, except that any funds so 
        received shall be credited to, and be available for use 
        from, the account from which expenditures relating 
        thereto were made.
  (f) The United States Trade Representative shall, to the 
extent he deems it necessary for the proper administration and 
execution of the trade agreements programs of the United 
States, draw upon the resources of, and consult with, Federal 
agencies in connection with the performance of his functions.
  (g)(1)(A) There are authorized to be appropriated to the 
Office for the purposes of carrying out its functions the 
following:
          (i) $32,300,000 for fiscal year 2003.
          (ii) $33,108,000 for fiscal year 2004.
  (B) Of the amounts authorized to be appropriated under 
subparagraph (A) for any fiscal year--
          (i) not to exceed $98,000 may be used for 
        entertainment and representation expenses of the 
        Office; and
          (ii) not to exceed $1,000,000 shall remain available 
        until expended.
  (2) For the fiscal year beginning October 1, 1982, and for 
each fiscal year thereafter, there are authorized to be 
appropriated to the Office for the salaries of its officers and 
employees such additional sums as may be provided by law to 
reflect pay rate changes made in accordance with the Federal 
Pay Comparability Act of 1970.
  (3) By not later than the date on which the President submits 
to Congress the budget of the United States Government for a 
fiscal year, the United States Trade Representative shall 
submit to the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate the 
projected amount of funds for the succeeding fiscal year that 
will be necessary for the Office to carry out its functions.

           *       *       *       *       *       *       *


   CHAPTER 5--CONGRESSIONAL PROCEDURES WITH RESPECT TO PRESIDENTIAL 
                                ACTIONS

SEC. 151. BILLS IMPLEMENTING TRADE AGREEMENTS ON NONTARIFF BARRIERS AND 
                    RESOLUTIONS APPROVING COMMERCIAL AGREEMENTS WITH 
                    COMMUNIST COUNTRIES.

  (a) Rules of House of Representatives and Senate.--This 
section and sections 152 and 153 are enacted by the Congress--
          (1) as an exercise of the rulemaking power of the 
        House of Representatives and the Senate, respectively, 
        and as such they are deemed a part of the rules of each 
        House, respectively, but applicable only with respect 
        to the procedure to be followed in that House in the 
        case of implementing bills described in subsection 
        (b)(1), implementing revenue bills described in 
        subsection (b)(2), approval resolutions described in 
        subsection (b)(3), and resolutions described in 
        subsections 152(a) and 153(a); and they supersede other 
        rules only to the extent that they are inconsistent 
        therewith; and
          (2) with full recognition of the constitutional right 
        of either House to change the rules (so far as relating 
        to the procedure of that House) at any time, in the 
        same manner and to the same extent as in the case of 
        any other rule of that House.
  (b) Definitions.--For purposes of this section--
          (1) The term ``implementing bill'' means only a bill 
        of either House of Congress which is introduced as 
        provided in subsection (c) with respect to one or more 
        trade agreements, or with respect to an extension 
        described in section 282(c)(3) of the Uruguay Round 
        Agreements Act, submitted to the House of 
        Representatives and the Senate under section 102 of 
        this Act, section 282 of the Uruguay Round Agreements 
        Act, or section 2105(a)(1) of the Bipartisan Trade 
        Promotion Authority Act of 2002 and which contains--
                  (A) a provision approving such trade 
                agreement or agreements or such extension,
                  (B) a provision approving the statement of 
                administrative action (if any) proposed to 
                implement such trade agreement or agreements, 
                and
                  (C) if changes in existing laws or new 
                statutory authority is required to implement 
                such trade agreement or agreements or such 
                extension, provisions, necessary or appropriate 
                to implement such trade agreement or agreements 
                or such extension, either repealing or amending 
                existing laws or providing new statutory 
                authority.
          (2) The term ``implementing revenue bill or 
        resolution'' means an implementing bill, or approval 
        resolution, which contains one or more revenue measures 
        by reason of which it must originate in the House of 
        Representatives.
          (3) The term ``approval resolution'' means only a 
        joint resolution of the two Houses of the Congress, the 
        matter after the resolving clause of which is as 
        follows: ``That the Congress approves the extension of 
        nondiscriminatory treatment with respect to the 
        products of ________ transmitted by the President to 
        the Congress on ________.'', the first blank space 
        being filled with the name of the country involved and 
        the second blank space being filled with the 
        appropriate date.
  (c) Introduction and Referral.--
          (1) On the day on which a trade agreement or 
        extension is submitted to the House of Representatives 
        and the Senate under section 102, section 282 of the 
        Uruguay Round Agreements Act, or section 2105(a)(1) of 
        the Bipartisan Trade Promotion Authority Act of 2002, 
        the implementing bill submitted by the President with 
        respect to such trade agreement or extension shall be 
        introduced (by request) in the House by the majority 
        leader of the House, for himself and the minority 
        leader of the House, or by Members of the House 
        designated by the majority leader and minority leader 
        of the House; and shall be introduced (by request) in 
        the Senate by the majority leader of the Senate, for 
        himself and the minority leader of the Senate, or by 
        Members of the Senate designated by the majority leader 
        and minority leader of the Senate. If either House is 
        not in session on the day on which such a trade 
        agreement or extension is submitted, the implementing 
        bill shall be introduced in that House, as provided in 
        the preceding sentence, on the first day thereafter on 
        which the House is in session. Such bills shall be 
        referred by the Presiding Officers of the respective 
        Houses to the appropriate committee, or, in the case of 
        a bill containing provisions within the jurisdiction of 
        two or more committees, jointly to such committees for 
        consideration of those provisions within their 
        respective jurisdictions.
          (2) On the day on which a bilateral commercial 
        agreement, entered into under the IV of this Act after 
        the date of the enactment of this Act, is transmitted 
        to the House of Representatives and the Senate, an 
        approval resolution with respect to such agreement 
        shall be introduced (by request) in the House by the 
        majority leader of the House, for himself and the 
        minority leader of the House, or by Members of the 
        House designated by the majority leader and minority 
        leader of the House; and shall be introduced (by 
        request) in the Senate by the majority leader of the 
        Senate, for himself and the minority leader of the 
        Senate, or by Members of the Senate designated by the 
        majority leader and minority leader of the Senate. If 
        either House is not in session on the day on which such 
        an agreement is transmitted, the approval resolution 
        with respect to such agreement shall be introduced in 
        that House, as provided in the proceeding sentence, on 
        the first day thereafter on which that House is in 
        session. The approval resolution introduced in the 
        House shall be referred to the Committee on Ways and 
        Means and the approval resolution introduced in the 
        Senate shall be referred to the Committee on Finance.
  (d) Amendments Prohibited.--No amendment to an implementing 
bill or approval resolution shall be in order in either the 
House of Representatives or the Senate; and no motion to 
suspend the application of this subsection shall be in order in 
either House, nor shall it be in order in either House for the 
Presiding Officer to entertain a request to suspend the 
application of this subsection by unanimous consent.
  (e) Period for Committee and Floor Consideration.--
          (1) Except as provided in paragraph (2), if the 
        committee or committees of either House to which an 
        implementing bill or approval resolution has been 
        referred have not reported it at the close of the 45th 
        day after its introduction, such committee or 
        committees shall be automatically discharged from 
        further consideration of the bill or resolution and it 
        shall be placed on the appropriate calendar. A vote on 
        final passage of the bill or resolution shall be taken 
        in each House on or before the close of the 15th day 
        after the bill or resolution is reported by the 
        committee or committees of that House to which it was 
        referred, or after such committee or committees have 
        been discharged from further consideration of the bill 
        or resolution. If prior to the passage by one House of 
        an implementing bill or approval resolution of that 
        House, that House receives the same implementing bill 
        or approval resolution from the other House, then--
                  (A) the procedure in that House shall be the 
                same as if no implementing bill or approval 
                resolution had been received from the other 
                House; but
                  (B) the vote on final passage shall be on the 
                implementing bill or approval resolution of the 
                other House.
          (2) The provisions of paragraph (1) shall not apply 
        in the Senate to an implementing revenue bill or 
        resolution. An implementing revenue bill or resolution 
        received from the House shall be referred to the 
        appropriate committee or committees of the Senate. If 
        such committee or committees have not reported such 
        bill or resolution at the close of the 15th day after 
        its receipt by the Senate (or, if later, before the 
        close of the 45th day after the corresponding 
        implementing revenue bill or resolution was introduced 
        in the Senate), such committee or committees shall be 
        automatically discharged from further consideration of 
        such bill or resolution and it shall be placed on the 
        calendar. A vote on final passage of such bill or 
        resolution shall be taken in the Senate on or before 
        the close of the 15th day after such bill or resolution 
        is reported by the committee or committees of the 
        Senate to which it was referred, or after such 
        committee or committees have been discharged from 
        further consideration of such bill or resolution.
          (3) For purpose of paragraphs (1) and (2), in 
        computing a number of days in either House, there shall 
        be excluded any day on which that House is not in 
        session.
  (f) Floor Consideration in the House.--
          (1) A motion in the House of Representatives to 
        proceed to the consideration of an implementing bill or 
        approval resolution shall be highly privileged and not 
        debatable. An amendment to the motion shall not be in 
        order, nor shall it be in order to move to reconsider 
        the vote by which the motion is agreed to or disagreed 
        to.
          (2) Debate in the House of Representatives on an 
        implementing bill or approval resolution shall be 
        limited to not more than 20 hours, which shall be 
        divided equally between those favoring and those 
        opposing the bill or resolution. A motion further to 
        limit debate shall not be debatable. It shall not be in 
        order to move to recommit an implementing bill or 
        approval resolution or to move to reconsider the vote 
        by which an implementing bill or approval resolution is 
        agreed to or disagreed to.
          (3) Motions to postpone, made in the House of 
        Representatives with respect to the consideration of an 
        implementing bill or approval resolution, and motions 
        to proceed to the consideration of other business, 
        shall be decided without debate.
          (4) All appeals from the decisions of the Chair 
        relating to the application of the Rules of the House 
        of Representatives to the procedure relating to an 
        implementing bill or approval resolution shall be 
        decided without debate.
          (5) Except to the extent specifically provided in the 
        preceding provisions of this subsection, consideration 
        of an implementing bill or approval resolution shall be 
        governed by the Rules of the House of Representatives 
        applicable to other bills and resolutions in similar 
        circumstances.
  (g) Floor Consideration in the Senate.--
          (1) A motion in the Senate to proceed to the 
        consideration of an implementing bill or approval 
        resolution shall be privileged and not debatable. An 
        amendment to the motion shall not be in order, nor 
        shall it be in order to move to reconsider the vote by 
        which the motion is agreed to or disagreed to.
          (2) Debate in the Senate on an implementing bill or 
        approval resolution, and all debatable motions and 
        appeals in connection therewith, shall be limited to 
        not more than 20 hours. The time shall be equally 
        divided between, and controlled by, the majority leader 
        and the minority leader or their designees.
          (3) Debate in the Senate on any debatable motion or 
        appeal in connection with an implementing bill or 
        approval resolution shall be limited to not more than 1 
        hour, to be equally divided between, and controlled by, 
        the mover and the manager of the bill or resolution, 
        except that in the event the manager of the bill or 
        resolution is in favor of any such motion or appeal, 
        the time in opposition thereto, shall be controlled by 
        the minority leader or his designee. Such leaders, or 
        either of them, may, from time under their control on 
        the passage of an implementing bill or approval 
        resolution, allot additional time to any Senator during 
        the consideration of any debatable motion or appeal.
          (4) A motion in the Senate to further limit debate is 
        not debatable. A motion to recommit an implementing 
        bill or approval resolution is not in order.

           *       *       *       *       *       *       *


CHAPTER 6--CONGRESSIONAL LIAISON AND REPORTS

           *       *       *       *       *       *       *


SEC. 162. TRANSMISSION OF AGREEMENTS TO CONGRESS.

  (a) As soon as practicable after a trade agreement entered 
into under section 123 or 124 or under section 2103 of the 
Bipartisan Trade Promotion Authority Act of 2002 has entered 
into force with respect to the United States, the President 
shall, if he has not previously done so, transmit a copy of 
such trade agreement to each House of the Congress together 
with a statement, in the light of the advice of the 
International Trade Commission under section 131(b), if any, 
and of other relevant considerations, of his reasons for 
entering into the agreement.
  (b) The President shall transmit to each Member of the 
Congress a summary of the information required to be 
transmitted to each House under subsection (a). For purposes of 
this subsection, the term ``Member'' includes any Delegate or 
Resident Commissioner.

           *       *       *       *       *       *       *


      B. Changes in Existing Law Proposed by the Bill, as Reported

    In compliance with clause 3(e)(1)(B) of rule XIII of the 
Rules of the House of Representatives, changes in existing law 
proposed by the bill, as reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e)(1)(B) of rule XIII of the 
Rules of the House of Representatives, changes in existing law 
proposed by the bill, as reported, are shown as follows (new 
matter is printed in italic and existing law in which no change 
is proposed is shown in roman):

                           TRADE ACT OF 1974



           *       *       *       *       *       *       *
TITLE I--NEGOTIATING AND OTHER AUTHORITY

           *       *       *       *       *       *       *


         CHAPTER 3--HEARINGS AND ADVICE CONCERNING NEGOTIATIONS

SEC. 131. ADVICE FROM INTERNATIONAL TRADE COMMISSION.

  (a) Lists of Articles Which May Be Considered for Action.--
          (1) In connection with any proposed trade agreement 
        under section 123 of this Act or [section 2103(a) or 
        (b) of the Bipartisan Trade Promotion Authority Act of 
        2002] subsection (a) or (b) of section 3 of the 
        Bipartisan Congressional Trade Priorities and 
        Accountability Act of 2015, the President shall from 
        time to time publish and furnish the International 
        Trade Commission (hereafter in this section referred to 
        as the ``Commission'') with lists of articles which may 
        be considered for modification or continuance of United 
        States duties, continuance of United States duty-free 
        or excise treatment, or additional duties. In the case 
        of any article with respect to which consideration may 
        be given to reducing or increasing the rate of duty, 
        the list shall specify the provision of this subchapter 
        under which such consideration may be given.
          (2) In connection with any proposed trade agreement 
        under [section 2103(b) of the Bipartisan Trade 
        Promotion Authority Act of 2002] section 3(b) of the 
        Bipartisan Congressional Trade Priorities and 
        Accountability Act of 2015, the President may from time 
        to time publish and furnish the Commission with lists 
        of nontariff matters which may be considered for 
        modification.
  (b) Advice to President by Commission.--Within 6 months after 
receipt of a list under subsection (a) or, in the case of a 
list submitted in connection with a trade agreement, within 90 
days after receipt of such list, the Commission shall advise 
the President, with respect to each article or nontariff 
matter, of its judgment as to the probable economic effect of 
modification of the tariff or nontariff measure on industries 
producing like or directly competitive articles and on 
consumers, so as to assist the President in making an informed 
judgment as to the impact which might be caused by such 
modifications on United States interests, such as sectors 
involved in manufacturing, agriculture, mining, fishing, 
services, intellectual property, investment, labor, and 
consumers. Such advice may include in the case of any article 
the advice of the Commission as to whether any reduction in the 
rate of duty should take place over a longer period of time 
than the minimum period provided for in [section 2103(a)(3)(A) 
of the Bipartisan Trade Promotion Authority Act of 2002] 
section 3(a)(4)(A) of the Bipartisan Congressional Trade 
Priorities and Accountability Act of 2015.
  (c) Additional Investigations and Reports Requested by the 
President or the Trade Representative.--In addition, in order 
to assist the President in his determination whether to enter 
into any agreement under section 123 of this Act or [section 
2103 of the Bipartisan Trade Promotion Authority Act of 2002] 
section 3(a) of the Bipartisan Congressional Trade Priorities 
and Accountability Act of 2015, or how to develop trade policy, 
priorities or other matters (such as priorities for actions to 
improve opportunities in foreign markets), the Commission shall 
make such investigations and reports as may be requested by the 
President or the United States Trade Representative on matters 
such as effects of modification of any barrier to (or other 
distortion of) international trade on domestic workers, 
industries or sectors, purchasers, prices and quantities of 
articles in the United States.
  (d) Commission Steps in Preparing Its Advice to the 
President.--In preparing its advice to the President under this 
section, the Commission shall to the extent practicable--
          (1) investigate conditions, causes, and effects 
        relating to competition between the foreign industries 
        producing the articles or services in question and the 
        domestic industries producing the like or directly 
        competitive articles or services;
          (2) analyze the production, trade, and consumption of 
        each like or directly competitive article or service, 
        taking into consideration employment, profit levels, 
        and use of productive facilities with respect to the 
        domestic industries concerned, and such other economic 
        factors in such industries as it considers relevant, 
        including prices, wages, sales, inventories, patterns 
        of demand, capital investment, obsolescence of 
        equipment, and diversification of production;
          (3) describe the probable nature and extent of any 
        significant change in employment, profit levels, and 
        use of productive facilities; the overall impact of 
        such or other possible changes on the competitiveness 
        of relevant domestic industries or sectors; and such 
        other conditions as it deems relevant in the domestic 
        industries or sectors concerned which it believes such 
        modifications would cause; and
          (4) make special studies (including studies of real 
        wages paid in foreign supplying countries), whenever 
        deemed to be warranted, of particular proposed 
        modifications affecting United States manufacturing, 
        agriculture, mining, fishing, labor, consumers, 
        services, intellectual property and investment, using 
        to the fullest extent practicable United States 
        Government facilities abroad and appropriate personnel 
        of the United States.
  (e) Public Hearing.--In preparing its advice to the President 
under this section, the Commission shall, after reasonable 
notice, hold public hearings.

SEC. 132. ADVICE FROM EXECUTIVE DEPARTMENTS AND OTHER SOURCES.

  Before any trade agreement is entered into under section 123 
of this Act or [section 2103 of the Bipartisan Trade Promotion 
Authority Act of 2002] section 3 of the Bipartisan 
Congressional Trade Priorities and Accountability Act of 2015, 
the President shall seek information and advice with respect to 
such agreement from the Departments of Agriculture, Commerce, 
Defense, Interior, Labor, State and the Treasury, from the 
United States Trade Representative, and from such other sources 
as he may deem appropriate. Such advice shall be prepared and 
presented consistent with the provisions of Reorganization Plan 
Number 3 of 1979, Executive Order Number 12188 and section 
141(c).

SEC. 133. PUBLIC HEARINGS.

  (a) Opportunity for Presentation of Views.--In connection 
with any proposed trade agreement under section 123 of this Act 
or [section 2103 of the Bipartisan Trade Promotion Authority 
Act of 2002] section 3 of the Bipartisan Congressional Trade 
Priorities and Accountability Act of 2015, the President shall 
afford an opportunity for any interested person to present his 
views concerning any article on a list published under section 
131, any matter or article which should be so listed, any 
concession which should be sought by the United States, or any 
other matter relevant to such proposed trade agreement. For 
this purpose, the President shall designate an agency or an 
interagency committee which shall, after reasonable notice, 
hold public hearings and prescribe regulations governing the 
conduct of such hearings. When appropriate, such procedures 
shall apply to the development of trade policy and priorities.
  (b) Summary of Hearings.--The organization holding such 
hearing shall furnish the President with a summary thereof.

SEC. 134. PREREQUISITES FOR OFFERS.

  (a) In any negotiation seeking an agreement under section 123 
of this Act or [section 2103 of the Bipartisan Trade Promotion 
Authority Act of 2002] section 3 of the Bipartisan 
Congressional Trade Priorities and Accountability Act of 2015, 
the President may make a formal offer for the modification or 
continuance of any United States duty, import restrictions, or 
barriers to (or other distortions of) international trade, the 
continuance of United States duty-free or excise treatment, or 
the imposition of additional duties, import restrictions, or 
other barrier to (or other distortion of) international trade 
including trade in services, foreign direct investment and 
intellectual property as covered by this title, with respect to 
any article or matter only after he has received a summary of 
the hearings at which an opportunity to be heard with respect 
to such article has been afforded under section 133. In 
addition, the President may make an offer for the modification 
or continuance of any United States duty, the continuance of 
United States duty-free or excise treatment, or the imposition 
of additional duties, with respect to any article included in a 
list published and furnished under section 131(a), only after 
he has received advice concerning such article from the 
Commission under section 131(b), or after the expiration of the 
6-month or 90-day period provided for in that section, as 
appropriate, whichever first occurs.
  (b) In determining whether to make offers described in 
subsection (a) in the course of negotiating any trade agreement 
under [section 2103 of the Bipartisan Trade Promotion Authority 
Act of 2002] section 3 of the Bipartisan Congressional Trade 
Priorities and Accountability Act of 2015, and in determining 
the nature and scope of such offers, the President shall take 
into account any advice or information provided, or reports 
submitted, by--
          (1) the Commission;
          (2) any advisory committee established under section 
        135; or
          (3) any organization that holds public hearings under 
        section 133;
with respect to any article, or domestic industry, that is 
sensitive, or potentially sensitive, to imports.

SEC. 135. INFORMATION AND ADVICE FROM PRIVATE AND PUBLIC SECTORS.

  (a) In General.--
          (1) The President shall seek information and advice 
        from representative elements of the private sector and 
        the non-Federal governmental sector with respect to--
                  (A) negotiating objectives and bargaining 
                positions before entering into a trade 
                agreement under this title or [section 2103 of 
                the Bipartisan Trade Promotion Authority Act of 
                2002] section 3 of the Bipartisan Congressional 
                Trade Priorities and Accountability Act of 
                2015;
                  (B) the operation of any trade agreement once 
                entered into, including preparation for dispute 
                settlement panel proceedings to which the 
                United States is a party; and
                  (C) other matters arising in connection with 
                the development, implementation, and 
                administration of the trade policy of the 
                United States, including those matters referred 
                to in Reorganization Plan Number 3 of 1979 and 
                Executive Order Numbered 12188, and the 
                priorities for actions thereunder.
        To the maximum extent feasible, such information and 
        advice on negotiating objectives shall be sought and 
        considered before the commencement of negotiations.
          (2) The President shall consult with representative 
        elements of the private sector and the non-Federal 
        governmental sector on the overall current trade policy 
        of the United States. The consultations shall include, 
        but are not limited to, the following elements of such 
        policy:
                  (A) The principal multilateral and bilateral 
                trade negotiating objectives and the progress 
                being made toward their achievement.
                  (B) The implementation, operation, and 
                effectiveness of recently concluded 
                multilateral and bilateral trade agreements and 
                resolution of trade disputes.
                  (C) The actions taken under the trade laws of 
                the United States and the effectiveness of such 
                actions in achieving trade policy objectives.
                  (D) Important developments in other areas of 
                trade for which there must be developed a 
                proper policy response.
          (3) The President shall take the advice received 
        through consultation under paragraph (2) into account 
        in determining the importance which should be placed on 
        each major objective and negotiating position that 
        should be adopted in order to achieve the overall trade 
        policy of the United States.
  (b) Advisory Committee for Trade Policy and Negotiations.--
          (1) The President shall establish an Advisory 
        Committee for Trade Policy and Negotiations to provide 
        overall policy advice on matters referred to in 
        subsection (a). The committee shall be composed of not 
        more than 45 individuals and shall include 
        representatives of non-Federal governments, labor, 
        industry, agriculture, small business, service 
        industries, retailers, nongovernmental environmental 
        and conservation organizations, and consumer interests. 
        The committee shall be broadly representative of the 
        key sectors and groups of the economy, particularly 
        with respect to those sectors and groups which are 
        affected by trade. Members of the committee shall be 
        recommended by the United States Trade Representative 
        and appointed by the President for a term of 4 years or 
        until the committee is scheduled to expire. An 
        individual may be reappointed to committee for any 
        number of terms. Appointments to the Committee shall be 
        made without regard to political affiliation.
          (2) The committee shall meet as needed at the call of 
        the United States Trade Representative or at the call 
        of two-thirds of the members of the committee. The 
        chairman of the committee shall be elected by the 
        committee from among its members.
          (3) The United States Trade Representative shall make 
        available to the committee such staff, information, 
        personnel, and administrative services and assistance 
        as it may reasonably require to carry out its 
        activities.
  (c) General Policy, Sectoral, or Functional Advisory 
Committees.--
          (1) The President may establish individual general 
        policy advisory committees for industry, labor, 
        agriculture, services, investment, defense, and other 
        interests, as appropriate, to provide general policy 
        advice on matters referred to in subsection (a). Such 
        committees shall, insofar as is practicable, be 
        representative of all industry, labor, agricultural, 
        service, investment, defense, and other interests, 
        respectively, including small business interests, and 
        shall be organized by the United States Trade 
        Representative and the Secretaries of Commerce, 
        Defense, Labor, Agriculture, the Treasury, or other 
        executive departments, as appropriate. The members of 
        such committees shall be appointed by the United States 
        Trade Representative in consultation with such 
        Secretaries.
          (2) The President shall establish such sectoral or 
        functional advisory committees as may be appropriate. 
        Such committees shall, insofar as is practicable, be 
        representative of all industry, labor, agricultural, or 
        service interests (including small business interests) 
        in the sector or functional areas concerned. In 
        organizing such committees, the United States Trade 
        Representative and the Secretaries of Commerce, Labor, 
        Agriculture, the Treasury, or other executive 
        departments, as appropriate, shall--
                  (A) consult with interested private 
                organizations; and
                  (B) take into account such factors as--
                          (i) patterns of actual and potential 
                        competition between United States 
                        industry and agriculture and foreign 
                        enterprise in international trade,
                          (ii) the character of the nontariff 
                        barriers and other distortions 
                        affecting such competition,
                          (iii) the necessity for reasonable 
                        limits on the number of such advisory 
                        committees,
                          (iv) the necessity that each 
                        committee be reasonably limited in 
                        size, and
                          (v) in the case of each sectoral 
                        committee, that the product lines 
                        covered by each committee be reasonably 
                        related.
          (3) The President--
                  (A) may, if necessary, establish policy 
                advisory committees representing non-Federal 
                governmental interests to provide policy 
                advice--
                          (i) on matters referred to in 
                        subsection (a), and
                          (ii) with respect to implementation 
                        of trade agreements, and
                  (B) shall include as members of committees 
                established under subparagraph (A) 
                representatives of non-Federal governmental 
                interests if he finds such inclusion 
                appropriate after consultation by the United 
                States Trade Representative with such 
                representatives.
          (4) Appointments to each committee established under 
        paragraph (1), (2), or (3) shall be made without regard 
        to political affiliation.
  (d) Policy, Technical, and Other Advice and Information.--
Committees established under subsection (c) shall meet at the 
call of the United States Trade Representative and the 
Secretaries of Agriculture, Commerce, Labor, Defense, or other 
executive departments, as appropriate, to provide policy 
advice, technical advice and information, and advice on other 
factors relevant to the matters referred to in subsection (a).
  (e) Meeting of Advisory Committees at Conclusion of 
Negotiations.--
          (1) The Advisory Committee for Trade Policy and 
        Negotiations, each appropriate policy advisory 
        committee, and each sectoral or functional advisory 
        committee, if the sector or area which such committee 
        represents is affected, shall meet at the conclusion of 
        negotiations for each trade agreement entered into 
        under [section 2103 of the Bipartisan Trade Promotion 
        Authority Act of 2002] section 3 of the Bipartisan 
        Congressional Trade Priorities and Accountability Act 
        of 2015, to provide to the President, to Congress, and 
        to the United States Trade Representative a report on 
        such agreement. Each report that applies to a trade 
        agreement entered into under [section 2103 of the 
        Bipartisan Trade Promotion Authority Act of 2002] 
        section 3 of the Bipartisan Congressional Trade 
        Priorities and Accountability Act of 2015 shall be 
        provided under the preceding sentence [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] 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 of his intention to enter 
        into that agreement.
          (2) The report of the Advisory Committee for Trade 
        Policy and Negotiations and each appropriate policy 
        advisory committee shall include an advisory opinion as 
        to whether and to what extent the agreement promotes 
        the economic interests of the United States and 
        achieves the applicable overall and principal 
        negotiating objectives set forth in [section 2102 of 
        the Bipartisan Trade Promotion Authority Act of 2002] 
        section 2 of the Bipartisan Congressional Trade 
        Priorities and Accountability Act of 2015, as 
        appropriate.
          (3) The report of the appropriate sectoral or 
        functional committee under paragraph (1) shall include 
        an advisory opinion as to whether the agreement 
        provides for equity and reciprocity within the sector 
        or within the functional area.
  (f) Application of Federal Advisory Committee Act.--The 
provisions of the Federal Advisory Committee Act apply--
          (1) to the Advisory Committee for Trade Policy and 
        Negotiations established under subsection (b); and
          (2) to all other advisory committees which may be 
        established under subsection (c) of this section, 
        except that--
                  (A) the meetings of advisory committees 
                established under subsections (b) and (c) of 
                this section shall be exempt from the 
                requirements of subsections (a) and (b) of 
                sections 10 and 11 of the Federal Advisory 
                Committee Act (relating to open meetings, 
                public notice, public participation, and public 
                availability of documents), whenever and to the 
                extent it is determined by the President or the 
                President's designee that such meetings will be 
                concerned with matters the disclosure of which 
                would seriously compromise the development by 
                the United States Government of trade policy, 
                priorities, negotiating objectives, or 
                bargaining positions with respect to matters 
                referred to in subsection (a) of this section, 
                and that meetings may be called of such special 
                task forces, plenary meetings of chairmen, or 
                other such groups made up of members of the 
                committees established under subsections (b) 
                and (c) of this section; and
                  (B) notwithstanding subsection (a)(2) of 
                section 14 of the Federal Advisory Committee 
                Act, any committee established under subsection 
                (b) or (c) may, in the discretion of the 
                President or the President's designee, 
                terminate not later than the expiration of the 
                4-year period beginning on the date of its 
                establishment.
  (g) Trade Secrets and Confidential Information.--
          (1) Trade secrets and commercial or financial 
        information which is privileged or confidential, and 
        which is submitted in confidence by the private sector 
        or non-Federal government to officers or employees of 
        the United States in connection with trade 
        negotiations, may be disclosed upon request to--
                  (A) officers and employees of the United 
                States designated by the United States Trade 
                Representative;
                  (B) members of the Committee on Ways and 
                Means of the House of Representatives and the 
                Committee on Finance of the Senate who are 
                designated as official advisers under section 
                161(a)(1) or are designated by the chairmen of 
                either such committee under section 
                161(b)(3)(A) and staff members of either such 
                committee designated by the chairmen under 
                section 161(b)(3)(A); and
                  (C) members of any committee of the House or 
                Senate or any joint committee of Congress who 
                are designated as advisers under section 
                161(a)(2) or designated by the chairman of such 
                committee under section 161(b)(3)(B) and staff 
                members of such committee designated under 
                section 161(b)(3)(B), but disclosure may be 
                made under this subparagraph only with respect 
                to trade secrets or commercial or financial 
                information that is relevant to trade policy 
                matters or negotiations that are within the 
                legislative jurisdiction of such committee;
        for use in connection with matters referred to in 
        subsection (a).
          (2) Information other than that described in 
        paragraph (1), and advice submitted in confidence by 
        the private sector or non-Federal government to 
        officers or employees of the United States, to the 
        Advisory Committee for Trade Policy and Negotiations, 
        or to any advisory committee established under 
        subsection (c), in connection with matters referred to 
        in subsection (a), may be disclosed upon request to--
                  (A) the individuals described in paragraph 
                (1); and
                  (B) the appropriate advisory committee 
                established under this section.
          (3) Information submitted in confidence by officers 
        or employees of the United States to the Advisory 
        Committee for Trade Policy and Negotiations, or to any 
        advisory committee established under subsection (c), 
        may be disclosed in accordance with rules issued by the 
        United States Trade Representative and the Secretaries 
        of Commerce, Labor, Defense, Agriculture, or other 
        executive departments, as appropriate, after 
        consultation with the relevant advisory committees 
        established under subsection (c). Such rules shall 
        define the categories of information which require 
        restricted or confidential handling by such committee 
        considering the extent to which public disclosure of 
        such information can reasonably be expected to 
        prejudice the development of trade policy, priorities, 
        or United States negotiating objectives. Such rules 
        shall, to the maximum extent feasible, permit 
        meaningful consultations by advisory committee members 
        with persons affected by matters referred to in 
        subsection (a).
  (h) Advisory Committee Support.--The United States Trade 
Representative, and the Secretaries of Commerce, Labor, 
Defense, Agriculture, the Treasury, or other executive 
departments, as appropriate, shall provide such staff, 
information, personnel, and administrative services and 
assistance to advisory committees established under subsection 
(c) as such committees may reasonably require to carry out 
their activities.
  (i) Consultation With Advisory Committees; Procedures; 
Nonacceptance of Committee Advice or Recommendations.--It shall 
be the responsibility of the United States Trade 
Representative, in conjunction with the Secretaries of 
Commerce, Labor, Agriculture, the Treasury, or other executive 
departments, as appropriate, to adopt procedures for 
consultation with and obtaining information and advice from the 
advisory committees established under subsection (c) on a 
continuing and timely basis. Such consultation shall include 
the provision of information to each advisory committee as to--
          (1) significant issues and developments; and
          (2) overall negotiating objectives and positions of 
        the United States and other parties;
with respect to matters referred to in subsection (a). The 
United States Trade Representative shall not be bound by the 
advice or recommendations of such advisory committees, but 
shall inform the advisory committees of significant departures 
from such advice or recommendations made. In addition, in the 
course of consultations with the Congress under this title, 
information on the advice and information provided by advisory 
committees shall be made available to congressional advisers.
  (j) Private Organizations or Groups.--In addition to any 
advisory committee established under this section, the 
President shall provide adequate, timely and continuing 
opportunity for the submission on an informal basis (and, if 
such information is submitted under the provisions of 
subsection (g), on a confidential basis) by private 
organizations or groups, representing government, labor, 
industry, agriculture, small business, service industries, 
consumer interests, and others, of statistics, data and other 
trade information, as well as policy recommendations, pertinent 
to any matter referred to in subsection (a).
  (k) Scope of Participation by Members of Advisory 
Committees.--Nothing contained in this section shall be 
construed to authorize or permit any individual to participate 
directly in any negotiation of any matters referred to in 
subsection (a). To the maximum extent practicable, the members 
of the committees established under subsections (b) and (c), 
and other appropriate parties, shall be informed and consulted 
before and during any such negotiations. They may be designated 
as advisors to a negotiating delegation, and may be permitted 
to participate in international meetings to the extent the head 
of the United States delegation deems appropriate. However, 
they may not speak or negotiate for the United States.
  (l) Advisory Committees Established by Department of 
Agriculture.--The provisions of title XVIII of the Food and 
Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) shall not apply 
to any advisory committee established under subsection (c).
  (m) Non-Federal Government Defined.--As used in this section, 
the term ``non-Federal government'' means--
          (1) any State, territory, or possession of the United 
        States, or the District of Columbia, or any political 
        subdivision thereof; or
          (2) any agency or instrumentality of any entity 
        described in paragraph (1).

      CHAPTER 4--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SEC. 141. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE.

  (a) There is established within the Executive Office of the 
President the Office of the United States Trade Representative 
(hereinafter in this section referred to as the ``Office'').
  (b)(1) The Office shall be headed by the United States Trade 
Representative who shall be appointed by the President, by and 
with the advice and consent of the Senate. As an exercise of 
the rulemaking power of the Senate, any nomination of the 
United States Trade Representative submitted to the Senate for 
confirmation, and referred to a committee, shall be referred to 
the Committee on Finance. The United States Trade 
Representative shall hold office at the pleasure of the 
President, shall be entitled to receive the same allowances as 
a chief of mission, and shall have the rank of Ambassador 
Extraordinary and Plenipotentiary.
  (2) There shall be in the Office three Deputy United States 
Trade Representatives and one Chief Agricultural Negotiator who 
shall be appointed by the President, by and with the advice and 
consent of the Senate. As an exercise of the rulemaking power 
of the Senate, any nomination of a Deputy United States Trade 
Representative or the Chief Agricultural Negotiator submitted 
to the Senate for its advice and consent, and referred to a 
committee, shall be referred to the Committee on Finance. Each 
Deputy United States Trade Representative and the Chief 
Agricultural Negotiator shall hold office at the pleasure of 
the President and shall have the rank of Ambassador.
  (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.
  [(3)] (4) A person who has directly represented, aided, or 
advised a foreign entity (as defined by section 207(f)(3) of 
title 18, United States Code) in any trade negotiation, or 
trade dispute, with the United States may not be appointed as 
United States Trade Representative or as a Deputy United States 
Trade Representative.
  (c)(1) The United States Trade Representative shall--
          (A) have primary responsibility for developing, and 
        for coordinating the implementation of, United States 
        international trade policy, including commodity 
        matters, and, to the extent they are related to 
        international trade policy, direct investment matters;
          (B) serve as the principal advisor to the President 
        on international trade policy and shall advise the 
        President on the impact of other policies of the United 
        States Government on international trade;
          (C) have lead responsibility for the conduct of, and 
        shall be the chief representative of the United States 
        for, international trade negotiations, including all 
        negotiations on any matter considered under the 
        auspices of the World Trade Organization, commodity and 
        direct investment negotiations, in which the United 
        States participates;
          (D) issue and coordinate policy guidance to 
        departments and agencies on basic issues of policy and 
        interpretation arising in the exercise of international 
        trade functions, including any matter considered under 
        the auspices of the World Trade Organization, to the 
        extent necessary to assure the coordination of 
        international trade policy and consistent with any 
        other law;
          (E) act as the principal spokesman of the President 
        on international trade;
          (F) report directly to the President and the Congress 
        regarding, and be responsible to the President and the 
        Congress for the administration of, trade agreements 
        programs;
          (G) advise the President and Congress with respect to 
        nontariff barriers to international trade, 
        international commodity agreements, and other matters 
        which are related to the trade agreements programs;
          (H) be responsible for making reports to Congress 
        with respect to matters referred to in subparagraphs 
        (C) and (F);
          (I) be chairman of the interagency trade organization 
        established under section 242(a) of the Trade Expansion 
        Act of 1962, and shall consult with and be advised by 
        such organization in the performance of his functions; 
        and
          (J) in addition to those functions that are delegated 
        to the United States Trade Representative as of the 
        date of the enactment of the Omnibus Trade and 
        Competitiveness Act of 1988, be responsible for such 
        other functions as the President may direct.
  (2) It is the sense of Congress that the United States Trade 
Representative should--
          (A) be the senior representative on any body that the 
        President may establish for the purpose of providing to 
        the President advice on overall economic policies in 
        which international trade matters predominate; and
          (B) be included as a participant in all economic 
        summit and other international meetings at which 
        international trade is a major topic.
  (3) The United States Trade Representative may--
          (A) delegate any of his functions, powers, and duties 
        to such officers and employees of the Office as he may 
        designate; and
          (B) authorize such successive redelegations of such 
        functions, powers, and duties to such officers and 
        employees of the Office as he may deem appropriate.
  (4) Each Deputy United States Trade Representative shall have 
as his principal function the conduct of trade negotiations 
under this Act and shall have such other functions as the 
United States Trade Representative may direct.
          (5) The principal function of the Chief Agricultural 
        Negotiator shall be to conduct trade negotiations and 
        to enforce trade agreements relating to United States 
        agricultural products and services. The Chief 
        Agricultural Negotiator shall be a vigorous advocate on 
        behalf of United States agricultural interests. The 
        Chief Agricultural Negotiator shall perform such other 
        functions as the United States Trade Representative may 
        direct.
  (d)(1) In carrying out subsection (c) with respect to unfair 
trade practices, the United States Trade Representative shall--
          (A) coordinate the application of interagency 
        resources to specific unfair trade practice cases;
          (B) identify, and refer to the appropriate Federal 
        department or agency for consideration with respect to 
        action, each act, policy, or practice referred to in 
        the report required under section 181(b), or otherwise 
        known to the United States Trade Representative on the 
        basis of other available information, that may be an 
        unfair trade practice that either--
                  (i) is considered to be inconsistent with the 
                provisions of any trade agreement and has a 
                significant adverse impact on United States 
                commerce, or
                  (ii) has a significant adverse impact on 
                domestic firms or industries that are either 
                too small or financially weak to initiate 
                proceedings under the trade laws;
          (C) identify practices having a significant adverse 
        impact on United States commerce that the attainment of 
        United States negotiating objectives would eliminate; 
        and
          (D) identify, on a biennial basis, those United 
        States Government policies and practices that, if 
        engaged in by a foreign government, might constitute 
        unfair trade practices under United States law.
  (2) For purposes of carrying out paragraph (1), the United 
States Trade Representative shall be assisted by an interagency 
unfair trade practices advisory committee composed of the Trade 
Representative, who shall chair the committee, and senior 
representatives of the following agencies, appointed by the 
respective heads of those agencies:
          (A) The Bureau of Economics and Business Affairs of 
        the Department of State.
          (B) The United States and Foreign Commercial Services 
        of the Department of Commerce.
          (C) The International Trade Administration (other 
        than the United States and Foreign Commercial Service) 
        of the Department of Commerce.
          (D) The Foreign Agricultural Service of the 
        Department of Agriculture.
The United States Trade Representative may also request the 
advice of the United States International Trade Commission 
regarding the carrying out of paragraph (1).
  (3) For purposes of this subsection, the term ``unfair trade 
practice'' means any act, policy, or practice that--
          (A) may be a subsidy with respect to which 
        countervailing duties may be imposed under subtitle A 
        of title VII;
          (B) may result in the sale or likely sale of foreign 
        merchandise with respect to which antidumping duties 
        may be imposed under subtitle B of title VII;
          (C) may be either an unfair method of competition, or 
        an unfair act in the importation of articles into the 
        United States, that is unlawful under section 337; or
          (D) may be an act, policy, or practice of a kind with 
        respect to which action may be taken under title III of 
        the Trade Act of 1974.
  (e) The United States Trade Representative may, for the 
purpose of carrying out his functions under this section--
          (1) subject to the civil service and classification 
        laws, select, appoint, employ, and fix the compensation 
        of such officers and employees as are necessary and 
        prescribe their authority and duties, except that not 
        more than 20 individuals may be employed without regard 
        to any provision of law regulating the employment or 
        compensation at rates not to exceed the rate of pay for 
        level IV of the Executive Schedule in section 5314 of 
        title 5, United States Code;
          (2) employ experts and consultants in accordance with 
        section 3109 of title 5, United States Code, and 
        compensate individuals so employed for each day 
        (including traveltime) at rates not in excess of the 
        maximum rate of pay for grade GS-18 as provided in 
        section 5332 of title 5, United States Code, and while 
        such experts and consultants are so serving away from 
        their homes or regular place of business, to pay such 
        employees travel expenses and per diem in lieu of 
        subsistence at rates authorized by section 5703 of 
        title 5, United States Code, for persons in Government 
        service employed intermittently;
          (3) promulgate such rules and regulations as may be 
        necessary to carry out the functions, powers and duties 
        vested in him;
          (4) utilize, with their consent, the services, 
        personnel, and facilities of other Federal agencies;
          (5) enter into and perform such contracts, leases, 
        cooperative agreements, or other transactions as may be 
        necessary in the conduct of the work of the Office and 
        on such terms as the United States Trade Representative 
        may deem appropriate, with any agency or 
        instrumentality of the United States, or with any 
        public or private person, firm, association, 
        corporation, or institution;
          (6) accept voluntary and uncompensated services, 
        notwithstanding the provisions of section 1342 of title 
        31, United States Code;
          (7) adopt an official seal, which shall be judicially 
        noticed; and
          (8) pay for expenses approved by him for official 
        travel without regard to the Federal Travel Regulations 
        or to the provisions of subchapter I of chapter 57 of 
        title 5, United States Code (relating to rates of per 
        diem allowances in lieu of subsistence expenses);
          (9) accept, hold, administer, and utilize gifts, 
        devises, and bequests of property, both real and 
        personal, for the purpose of aiding or facilitating the 
        work of the Office;
          (10) acquire, by purchase or exchange, not more than 
        two passenger motor vehicles for use abroad, except 
        that no vehicle may be required at a cost exceeding 
        $9,500; and
          (11) provide, where authorized by law, copies of 
        documents to persons at cost, except that any funds so 
        received shall be credited to, and be available for use 
        from, the account from which expenditures relating 
        thereto were made.
  (f) The United States Trade Representative shall, to the 
extent he deems it necessary for the proper administration and 
execution of the trade agreements programs of the United 
States, draw upon the resources of, and consult with, Federal 
agencies in connection with the performance of his functions.
  (g)(1)(A) There are authorized to be appropriated to the 
Office for the purposes of carrying out its functions the 
following:
          (i) $32,300,000 for fiscal year 2003.
          (ii) $33,108,000 for fiscal year 2004.
  (B) Of the amounts authorized to be appropriated under 
subparagraph (A) for any fiscal year--
          (i) not to exceed $98,000 may be used for 
        entertainment and representation expenses of the 
        Office; and
          (ii) not to exceed $1,000,000 shall remain available 
        until expended.
  (2) For the fiscal year beginning October 1, 1982, and for 
each fiscal year thereafter, there are authorized to be 
appropriated to the Office for the salaries of its officers and 
employees such additional sums as may be provided by law to 
reflect pay rate changes made in accordance with the Federal 
Pay Comparability Act of 1970.
  (3) By not later than the date on which the President submits 
to Congress the budget of the United States Government for a 
fiscal year, the United States Trade Representative shall 
submit to the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate the 
projected amount of funds for the succeeding fiscal year that 
will be necessary for the Office to carry out its functions.

   CHAPTER 5--CONGRESSIONAL PROCEDURES WITH RESPECT TO PRESIDENTIAL 
                                ACTIONS

SEC. 151. BILLS IMPLEMENTING TRADE AGREEMENTS ON NONTARIFF BARRIERS AND 
                    RESOLUTIONS APPROVING COMMERCIAL AGREEMENTS WITH 
                    COMMUNIST COUNTRIES.

  (a) Rules of House of Representatives and Senate.--This 
section and sections 152 and 153 are enacted by the Congress--
          (1) as an exercise of the rulemaking power of the 
        House of Representatives and the Senate, respectively, 
        and as such they are deemed a part of the rules of each 
        House, respectively, but applicable only with respect 
        to the procedure to be followed in that House in the 
        case of implementing bills described in subsection 
        (b)(1), implementing revenue bills described in 
        subsection (b)(2), approval resolutions described in 
        subsection (b)(3), and resolutions described in 
        subsections 152(a) and 153(a); and they supersede other 
        rules only to the extent that they are inconsistent 
        therewith; and
          (2) with full recognition of the constitutional right 
        of either House to change the rules (so far as relating 
        to the procedure of that House) at any time, in the 
        same manner and to the same extent as in the case of 
        any other rule of that House.
  (b) Definitions.--For purposes of this section--
          (1) The term ``implementing bill'' means only a bill 
        of either House of Congress which is introduced as 
        provided in subsection (c) with respect to one or more 
        trade agreements, or with respect to an extension 
        described in section 282(c)(3) of the Uruguay Round 
        Agreements Act, submitted to the House of 
        Representatives and the Senate under section 102 of 
        this Act, section 282 of the Uruguay Round Agreements 
        Act, or [section 2105(a)(1) of the Bipartisan Trade 
        Promotion Authority Act of 2002] section 6(a)(1) of the 
        Bipartisan Congressional Trade Priorities and 
        Accountability Act of 2015 and which contains--
                  (A) a provision approving such trade 
                agreement or agreements or such extension,
                  (B) a provision approving the statement of 
                administrative action (if any) proposed to 
                implement such trade agreement or agreements, 
                and
                  (C) if changes in existing laws or new 
                statutory authority is required to implement 
                such trade agreement or agreements or such 
                extension, provisions, necessary or appropriate 
                to implement such trade agreement or agreements 
                or such extension, either repealing or amending 
                existing laws or providing new statutory 
                authority.
          (2) The term ``implementing revenue bill or 
        resolution'' means an implementing bill, or approval 
        resolution, which contains one or more revenue measures 
        by reason of which it must originate in the House of 
        Representatives.
          (3) The term ``approval resolution'' means only a 
        joint resolution of the two Houses of the Congress, the 
        matter after the resolving clause of which is as 
        follows: ``That the Congress approves the extension of 
        nondiscriminatory treatment with respect to the 
        products of ________ transmitted by the President to 
        the Congress on ________.'', the first blank space 
        being filled with the name of the country involved and 
        the second blank space being filled with the 
        appropriate date.
  (c) Introduction and Referral.--
          (1) On the day on which a trade agreement or 
        extension is submitted to the House of Representatives 
        and the Senate under section 102, section 282 of the 
        Uruguay Round Agreements Act, or [section 2105(a)(1) of 
        the Bipartisan Trade Promotion Authority Act of 2002] 
        section 6(a)(1) of the Bipartisan Congressional Trade 
        Priorities and Accountability Act of 2015, the 
        implementing bill submitted by the President with 
        respect to such trade agreement or extension shall be 
        introduced (by request) in the House by the majority 
        leader of the House, for himself and the minority 
        leader of the House, or by Members of the House 
        designated by the majority leader and minority leader 
        of the House; and shall be introduced (by request) in 
        the Senate by the majority leader of the Senate, for 
        himself and the minority leader of the Senate, or by 
        Members of the Senate designated by the majority leader 
        and minority leader of the Senate. If either House is 
        not in session on the day on which such a trade 
        agreement or extension is submitted, the implementing 
        bill shall be introduced in that House, as provided in 
        the preceding sentence, on the first day thereafter on 
        which the House is in session. Such bills shall be 
        referred by the Presiding Officers of the respective 
        Houses to the appropriate committee, or, in the case of 
        a bill containing provisions within the jurisdiction of 
        two or more committees, jointly to such committees for 
        consideration of those provisions within their 
        respective jurisdictions.
          (2) On the day on which a bilateral commercial 
        agreement, entered into under the IV of this Act after 
        the date of the enactment of this Act, is transmitted 
        to the House of Representatives and the Senate, an 
        approval resolution with respect to such agreement 
        shall be introduced (by request) in the House by the 
        majority leader of the House, for himself and the 
        minority leader of the House, or by Members of the 
        House designated by the majority leader and minority 
        leader of the House; and shall be introduced (by 
        request) in the Senate by the majority leader of the 
        Senate, for himself and the minority leader of the 
        Senate, or by Members of the Senate designated by the 
        majority leader and minority leader of the Senate. If 
        either House is not in session on the day on which such 
        an agreement is transmitted, the approval resolution 
        with respect to such agreement shall be introduced in 
        that House, as provided in the proceeding sentence, on 
        the first day thereafter on which that House is in 
        session. The approval resolution introduced in the 
        House shall be referred to the Committee on Ways and 
        Means and the approval resolution introduced in the 
        Senate shall be referred to the Committee on Finance.
  (d) Amendments Prohibited.--No amendment to an implementing 
bill or approval resolution shall be in order in either the 
House of Representatives or the Senate; and no motion to 
suspend the application of this subsection shall be in order in 
either House, nor shall it be in order in either House for the 
Presiding Officer to entertain a request to suspend the 
application of this subsection by unanimous consent.
  (e) Period for Committee and Floor Consideration.--
          (1) Except as provided in paragraph (2), if the 
        committee or committees of either House to which an 
        implementing bill or approval resolution has been 
        referred have not reported it at the close of the 45th 
        day after its introduction, such committee or 
        committees shall be automatically discharged from 
        further consideration of the bill or resolution and it 
        shall be placed on the appropriate calendar. A vote on 
        final passage of the bill or resolution shall be taken 
        in each House on or before the close of the 15th day 
        after the bill or resolution is reported by the 
        committee or committees of that House to which it was 
        referred, or after such committee or committees have 
        been discharged from further consideration of the bill 
        or resolution. If prior to the passage by one House of 
        an implementing bill or approval resolution of that 
        House, that House receives the same implementing bill 
        or approval resolution from the other House, then--
                  (A) the procedure in that House shall be the 
                same as if no implementing bill or approval 
                resolution had been received from the other 
                House; but
                  (B) the vote on final passage shall be on the 
                implementing bill or approval resolution of the 
                other House.
          (2) The provisions of paragraph (1) shall not apply 
        in the Senate to an implementing revenue bill or 
        resolution. An implementing revenue bill or resolution 
        received from the House shall be referred to the 
        appropriate committee or committees of the Senate. If 
        such committee or committees have not reported such 
        bill or resolution at the close of the 15th day after 
        its receipt by the Senate (or, if later, before the 
        close of the 45th day after the corresponding 
        implementing revenue bill or resolution was introduced 
        in the Senate), such committee or committees shall be 
        automatically discharged from further consideration of 
        such bill or resolution and it shall be placed on the 
        calendar. A vote on final passage of such bill or 
        resolution shall be taken in the Senate on or before 
        the close of the 15th day after such bill or resolution 
        is reported by the committee or committees of the 
        Senate to which it was referred, or after such 
        committee or committees have been discharged from 
        further consideration of such bill or resolution.
          (3) For purpose of paragraphs (1) and (2), in 
        computing a number of days in either House, there shall 
        be excluded any day on which that House is not in 
        session.
  (f) Floor Consideration in the House.--
          (1) A motion in the House of Representatives to 
        proceed to the consideration of an implementing bill or 
        approval resolution shall be highly privileged and not 
        debatable. An amendment to the motion shall not be in 
        order, nor shall it be in order to move to reconsider 
        the vote by which the motion is agreed to or disagreed 
        to.
          (2) Debate in the House of Representatives on an 
        implementing bill or approval resolution shall be 
        limited to not more than 20 hours, which shall be 
        divided equally between those favoring and those 
        opposing the bill or resolution. A motion further to 
        limit debate shall not be debatable. It shall not be in 
        order to move to recommit an implementing bill or 
        approval resolution or to move to reconsider the vote 
        by which an implementing bill or approval resolution is 
        agreed to or disagreed to.
          (3) Motions to postpone, made in the House of 
        Representatives with respect to the consideration of an 
        implementing bill or approval resolution, and motions 
        to proceed to the consideration of other business, 
        shall be decided without debate.
          (4) All appeals from the decisions of the Chair 
        relating to the application of the Rules of the House 
        of Representatives to the procedure relating to an 
        implementing bill or approval resolution shall be 
        decided without debate.
          (5) Except to the extent specifically provided in the 
        preceding provisions of this subsection, consideration 
        of an implementing bill or approval resolution shall be 
        governed by the Rules of the House of Representatives 
        applicable to other bills and resolutions in similar 
        circumstances.
  (g) Floor Consideration in the Senate.--
          (1) A motion in the Senate to proceed to the 
        consideration of an implementing bill or approval 
        resolution shall be privileged and not debatable. An 
        amendment to the motion shall not be in order, nor 
        shall it be in order to move to reconsider the vote by 
        which the motion is agreed to or disagreed to.
          (2) Debate in the Senate on an implementing bill or 
        approval resolution, and all debatable motions and 
        appeals in connection therewith, shall be limited to 
        not more than 20 hours. The time shall be equally 
        divided between, and controlled by, the majority leader 
        and the minority leader or their designees.
          (3) Debate in the Senate on any debatable motion or 
        appeal in connection with an implementing bill or 
        approval resolution shall be limited to not more than 1 
        hour, to be equally divided between, and controlled by, 
        the mover and the manager of the bill or resolution, 
        except that in the event the manager of the bill or 
        resolution is in favor of any such motion or appeal, 
        the time in opposition thereto, shall be controlled by 
        the minority leader or his designee. Such leaders, or 
        either of them, may, from time under their control on 
        the passage of an implementing bill or approval 
        resolution, allot additional time to any Senator during 
        the consideration of any debatable motion or appeal.
          (4) A motion in the Senate to further limit debate is 
        not debatable. A motion to recommit an implementing 
        bill or approval resolution is not in order.

           *       *       *       *       *       *       *


CHAPTER 6--CONGRESSIONAL LIAISON AND REPORTS

           *       *       *       *       *       *       *


SEC. 162. TRANSMISSION OF AGREEMENTS TO CONGRESS.

  (a) As soon as practicable after a trade agreement entered 
into under section 123 or 124 or under [section 2103 of the 
Bipartisan Trade Promotion Authority Act of 2002] section 3 of 
the Bipartisan Congressional Trade Priorities and 
Accountability Act of 2015 has entered into force with respect 
to the United States, the President shall, if he has not 
previously done so, transmit a copy of such trade agreement to 
each House of the Congress together with a statement, in the 
light of the advice of the International Trade Commission under 
section 131(b), if any, and of other relevant considerations, 
of his reasons for entering into the agreement.
  (b) The President shall transmit to each Member of the 
Congress a summary of the information required to be 
transmitted to each House under subsection (a). For purposes of 
this subsection, the term ``Member'' includes any Delegate or 
Resident Commissioner.

           *       *       *       *       *       *       *


                  VII. COMMITTEE JURISDICTION LETTERS

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                            DISSENTING VIEWS

                      TPA MARKUP COMMITTEE REPORT

    In our view, the Ways and Means Committee and the Congress 
must focus its attention on the Trans-Pacific Partnership (TPP) 
negotiations. Those negotiations--the most important trade 
negotiations in at least 20 years--are at a critical juncture. 
TPP has the potential to raise standards and open new markets 
for U.S. businesses, workers, and farmers--or to lock in weak 
standards, uncompetitive practices, and a system that does not 
spread the benefits of trade.
    The issue is not globalization, which is here to stay, but 
rather whether and how to shape its course. Our goal--for the 
American people and U.S. businesses--is a TPP trade agreement 
that contributes to economic growth, sets high standards, and 
is sensitive to the needs of the developing and developed 
countries involved in the negotiations. A key test is whether 
TPP will result in a net job gain and whether it will address 
or exacerbate income inequality in the United States. That 
depends, in part, on whether and how the issues described below 
are addressed.
    Unfortunately, the negotiations are not on the right track. 
In some areas we don't know where USTR is headed and in others 
we don't like where they are. Before we turn over our 
Congressional leverage, we need to ensure the negotiations are 
headed in the right direction. You can't get a good deal if you 
are not seeking the right things. TPP is not currently on track 
to gain broad, bipartisan support in Congress. H.R. 1890 fast 
tracks TPP, but fails to get TPP on the right track.
    Specifically, H.R. 1890: (1) includes general and vague 
negotiating objectives--nearly identical to those in the 
Baucus-Camp-Hatch bill last year--that fail to provide guidance 
on how to resolve the major outstanding issues in TPP in a way 
that will gainer broad, bipartisan support; (2) leaves it to 
the President to determine whether the agreement he negotiated 
``makes progress'' in achieving those objectives; (3) leaves it 
to the President to develop guidelines on how to properly 
consult with Congress, four months after Congress passes 
legislation (despite the fact that the TPP negotiators say they 
are already in the ``end game''); and (4) fails to include any 
workable provision to maintain congressional leverage by 
enabling Congress to remove fast track. In short, H.R. 1890 
puts Congress in the back seat and greases the skids for an up-
or-down vote after the fact.
    Success should not be measured relative to the status quo. 
The question rather is: Are the agreement's rules sufficiently 
forward-looking and strong enough to bring about meaningful 
lasting improvements to people's lives by enhancing the 
positive aspects and addressing the negative impacts of 
globalization? Our leverage is based largely on other 
countries' interest in gaining greater access to the U.S. 
market. Once the U.S. eliminates tariffs on virtually all 
products, as contemplated in TPP, we will no longer have that 
leverage.
    We offered as an amendment in the nature of a substitute 
The Right Track for TPP Act. That Act puts the TPP negotiations 
on the right track, providing a path forward to an agreement 
that will garner broad, bipartisan support in Congress. 
Specifically, the Right Track for TPP Act:
    (1) Includes specific negotiating instructions on all of 
the major outstanding issues in the TPP negotiations;
    (2) Does not provide for expedited consideration unless and 
until Congress, through bipartisan groups of House and Senate 
trade advisors, determine that the instructions were followed;
    (3) Sets the procedures the President is to follow to 
inform and consult with Congress and stakeholders; and
    (4) Includes two useable mechanisms to enable Congress to 
remove expedited consideration where necessary.
TPP Negotiating Instructions
            1. Currency Manipulation
    Issue: Majorities in the House and the Senate have urged 
the Administration to include strong and enforceable currency 
obligations in the TPP, which includes a number of countries 
that have manipulated their currencies in the recent past, such 
as Japan. Other alleged manipulators, such as Korea and Taiwan, 
have also expressed an interest in joining TPP.
    Status: The Administration has not made a currency proposal 
in the TPP negotiations.
    H.R. 1890: Leaves it up to the Administration to decide how 
to address currency manipulation, laying out options the 
President already has to address the issue--including things 
like ``monitoring'' that are already being done.
    Right Track: Provides that the TPP must include strong and 
enforceable currency manipulation provisions, consistent with 
existing IMF guidelines--and spells out what an ``enforceable'' 
provision looks like. Congress cannot leave it to an Executive 
branch to decide how to interpret ``enforceable'' given that, 
over the past two administrations, the Executive branch has 
been unwilling to do what needs to be done on this issue.
            2. Labor Rights
    Issue: Will all TPP parties meet international worker 
rights standards?
    Status: TPP does not yet have a mechanism to ensure 
compliance by TPP parties that have labor laws and practices 
that fall far short of international standards contained in the 
``May 10 Agreement of 2007'' even though TPP is expected to 
include the May 10 obligation with enforceability through the 
basic dispute settlement structure in TPP.
    Vietnam presents the greatest challenge the United States 
has ever had in ensuring compliance. Workers there are 
prohibited from joining any union independent of the communist 
party. While the Administration is discussing these issues with 
Vietnam, Members of Congress and stakeholder advisors have not 
yet seen any proposal to address these critical issues. The 
Administration also has not committed to ensuring that all 
changes to laws and regulations are made before Congress 
votes--or even before the TPP agreement enters into force. 
Mexico also presents considerable challenges. Employer-
dominated `protection unions' are prevalent, and the 
arbitration boards responsible for resolving labor disputes are 
inherently and structurally biased. It is not clear whether, 
how, or when the Administration will resolve these and other 
issues with Mexico. Without their resolution, it will not be 
possible to say that the problems with NAFTA are being fixed. 
U.S. workers and U.S.-based businesses should not be required 
to compete against workers who are denied their basic labor 
rights.
    H.R. 1890: Does not address what needs to be done to bring 
countries like Vietnam and Mexico (as well as Malaysia and 
Brunei) into compliance with international labor standards. It 
contains only general language in line with the May 10 
Agreement.
    Right Track: Describes what needs to be done to bring 
Vietnam, Mexico, and other countries into compliance with 
international labor standards (as reflected in the May 10 
Agreement) and to help ensure compliance after the TPP 
agreement enters into force. It also requires that the changes 
needed to bring our trading partners into compliance occur 
before Congress votes. It is important that there be a change 
in the status quo in the countries that are clearly out of 
compliance with basic international standards.
            3. Environment
    Issue: Will the TPP environmental chapter ensure a level of 
environmental protection at least as high as the May 10 
standard which directly incorporated seven multilateral 
environmental agreements into the text of past trade 
agreements?
    Status: The TPP environment chapter will look very 
different from the May 10 Agreement. The environment chapter 
covers a broad range of subjects, ranging from shark finning, 
to fish subsidies, to trade in illegally harvested plants and 
animals. But the obligations themselves--the `verbs' used--are 
often weak.
    H.R. 1890: Simply lists the seven multilateral 
environmental agreements from the May 10 Agreement, which is 
not consistent with the approach taken in TPP.
    Right Track: Instructs the President to ensure a level of 
environmental protection at least as high as the level provided 
under the May 10 Agreement. It also recognizes the need to 
replace weak commitments with strong ones, such as 
``prohibiting'' imports of illegally harvested wildlife 
products.
            4. Investment and Investor-State Dispute Settlement (ISDS)
    Issue: Will the TPP include an investor-state dispute 
settlement (ISDS) mechanism that provides foreign companies a 
right of action against other governments for infringing on the 
companies' investment rights? Will the TPP include an ISDS 
mechanism without incorporating any new, additional safeguards 
to prevent it from being abused?
    There are now more cases of private investors challenging 
environmental, health, and other regulations in nations--even 
nations with strong and independent judicial systems and rule 
of law. Just last month, a NAFTA tribunal, in Bilkon v. 
Government of Canada, granted an award that appears to be 
inconsistent with the U.S. interpretation of the investment 
obligations that will be included in the TPP Agreement. Other 
investment disputes involve `plain packaging' of tobacco 
products in Australia and pharmaceutical patent requirements in 
Canada. This issue is receiving heightened scrutiny among 
negotiators and from a broad-range of interested parties. Some 
of our TPP partners do not support ISDS or are seeking 
safeguards to ensure that nations preserve their right to 
regulate. The Economist magazine, the Cato Institute, and the 
Government of Germany (the birthplace of ISDS) have also 
recently expressed concerns with ISDS.
    Status: The TPP text is basically the same as the model 
adopted 10 years ago, even though conditions have changed 
dramatically in the past 10 years. Proposals to include new 
safeguards in the ISDS mechanism have been rejected.
    H.R. 1890: Is exactly the same negotiating objective it was 
over 12 years ago.
    Right Track: Instructs the President to: (1) establish a 
new mechanism to enable TPP parties to agree to dismiss an ISDS 
case; (2) clarify the vague `minimum standard of treatment' 
obligation; (3) allow parties to adopt capital controls to 
prevent or mitigate financial crises; and (4) clarify that the 
Agreement is not intended to provide foreign investors with 
greater substantive rights than U.S. investors under U.S. law, 
consistent with the May 10 Agreement.
            5. Access to Medicines
    Issue: Will the TPP ensure a balance between strong 
intellectual property rights and access to affordable, life-
saving medicines, as provided under the May 10 Agreement?
    Status: Absent some change in course, the final text is 
likely to provide less access to affordable medicines than 
provided under the May 10 Agreement. For example, developing 
countries will likely be required to `graduate' to more 
restrictive intellectual property rights standards before they 
become developed--a clear inconsistency with May 10. There are 
also a number of concerns that the TPP agreement will restrict 
access to medicines in the United States and other developed 
countries (e.g., by encouraging second patents on similar 
products, by having long periods of data exclusivity for 
biologic medicines, by allowing drug companies to challenge 
government pricing and reimbursement decisions).
    H.R. 1890: Includes additional language on access to 
medicines that was not part of the 2002 bill, apparently as a 
nod to the May 10 Agreement. But it is unclear what this 
language means. TPA also seeks to achieve ``the elimination of 
government measures such as price controls and reference 
pricing''--going far beyond the transparency and due process 
commitments relating to pharmaceutical reimbursement schemes 
that were negotiated in past trade agreements.
    Right Track: Instructs our negotiators to adhere to the 
access to medicines provisions of the May 10 Agreement.
            6. Automotive Market Access
    Issue: Will the TPP finally open Japan's market to U.S. 
automobiles and auto parts?
    For most of the past 15 years, our trade deficit with Japan 
has been second only to our deficit with China, and over two-
thirds of the current deficit is in automotive products. Japan 
has long had the most closed automotive market of any 
industrialized country, despite repeated efforts by U.S. 
negotiators over decades to open it. At a minimum, the United 
States should not open its market further to Japanese imports, 
through the phase-out of tariffs, until we have time to see 
whether Japan has truly opened its market.
    Status: The Administration has not stated a specific period 
of time for when the phase-out in U.S. tariffs for autos, 
trucks, and auto parts would begin or when they would end. The 
parties are also still working to address certain non-tariff 
barriers that Japan utilizes to close their market.
    H.R. 1890: Broadly states that the United States should 
``expand competitive market opportunities for exports of 
goods.'' Such a broad negotiating objective provides no 
guidance regarding how to truly open the Japanese automotive 
market.
    Right Track: Provides that U.S. auto tariffs should not be 
reduced or eliminated unless and until Japan opens its 
notoriously closed auto market; alternatively, those tariffs 
may be eliminated 30 years after the agreement enters into 
force.
            7. Rules of Origin
    Issue: Will the TPP incorporate rules that ensure that the 
benefits of the tariff cuts flow primarily to the parties to 
the agreement and not to free-rider third parties that have not 
signed up for the commitments in the TPP?
    ``Rules of origin'' define the extent to which inputs from 
outside the TPP region (e.g., China) can be incorporated into 
an end product for that product to still be entitled to 
preferential/duty-free treatment under the Agreement. The rule 
should be restrictive enough to ensure that the benefits of the 
agreement accrue to the parties to the agreement. Some have 
argued that the automotive rule of origin in TPP should be at 
least as stringent as the rule in NAFTA, given that TPP 
involves all three of the NAFTA countries plus nine others.
    Status: There are a number of rules of origin being 
negotiated in the TPP for different products, including in the 
sensitive textile and apparel, agricultural, and automotive 
sectors. Some of the rules are largely settled while others--
including the rules for automotive products--remain open and 
controversial.
    H.R. 1890: The Hatch-Wyden-Ryan TPA bill provides no 
guidance whatsoever on any rule of origin on any product in the 
TPP negotiations.
    Right Track: Instructs the President to negotiate a rule of 
origin for automotive products that is at least as stringent as 
the rule in the North American Free Trade Agreement.
            8. Tobacco Controls
    Issue: Will the TPP safeguard countries' ability to 
regulate tobacco as a matter of public health?
    TPP needs to explicitly preserve the ability to regulate 
tobacco. A number of recent international disputes have 
challenged tobacco measures, including multiple disputes (both 
WTO and ISDS) challenging Australia's plain packaging scheme 
for cigarettes. A number of public health groups are concerned 
about the potential of FTAs to roll back legitimate tobacco 
control measures.
    Status: In 2013, the Administration decided not to pursue a 
safe harbor for tobacco in TPP that it had originally 
supported. Instead, the Administration tabled a proposal that 
merely confirms that tobacco measures may be subject to the 
normal public health exception in our trade agreements--drawing 
intense criticism from former New York Mayor Michael Bloomberg, 
the New York Times editorial board, and non-governmental 
organizations.
    H.R. 1890: Provides no guidance on tobacco control 
measures, given the Administration the flexibility to include 
whatever it wants, or nothing at all.
    Right Track: Provides that non-discriminatory tobacco 
control measures should not be subject to challenges as being 
inconsistent with the obligations in the TPP.
            9. State-Owned Enterprises
    Issue: Will the TPP impose rules on companies effectively 
run and funded by their governments, so that truly private 
enterprises can compete with them on a level playing field?
    In today's global economy, competition is fiercer than 
ever. Certain countries that rely heavily on state-controlled 
and state-funded enterprises (also known as state-owned 
enterprises or SOEs) are able to give those champions an 
enormous--and unfair--advantage over private companies that 
compete against them in the marketplace. And, in turn, those 
SOEs don't always operate based on commercial considerations, 
but instead may pursue state objectives such as favoring local 
suppliers over U.S. suppliers.
    Status: The TPP will include disciplines on SOEs that are 
expected to go beyond anything ever included in past trade 
agreements. But the extent to which an SOE provision will help 
to level the playing field will be determined by the degree to 
which parties seek very broad country-specific carve-outs for 
particular SOEs. As concerning, the definition of SOEs is too 
narrow, allowing enterprises that are effectively controlled by 
foreign governments (but where the government owns less than 
50% of the shares) to circumvent the obligations.
    H.R. 1890: Provides no guidance on what an acceptable 
definition of an SOE is, or on what kinds of carve-outs are 
acceptable.
    Right Track: Provides that the SOE disciplines should apply 
broadly to all enterprises controlled by governments, including 
where the government owns a controlling interest but less than 
a majority of the shares, and that exclusions from coverage 
must be narrowly tailored.
            10. Agricultural Market Access
    Issue: Will the TPP eliminate tariffs on virtually all U.S. 
agricultural exports in markets that have been traditionally 
sheltered from competition from trade like Japan's and 
Canada's?
    Status: It appears that the United States and Japan will 
agree that Japan will reduce tariffs--but never eliminate 
them--on hundreds of agricultural products, far more carve-outs 
than under any U.S. trade agreement in the past. Canada, on the 
other hand, has not put any offer on the table for dairy 
products, which is causing some concern in the dairy industry. 
This concern is even stronger given that the dairy industry is 
not entirely pleased with the status of the Japan negotiations, 
plus the fact that the industry is concerned about an increase 
in dairy imports from New Zealand. Finally, the dairy industry 
is also closely watching the negotiations over `geographical 
indications' as it relates to cheeses and other dairy products.
    H.R. 1890: Has as its objective ``reducing or eliminating'' 
tariffs on agricultural products (emphasis added). Thus, even 
Japan's opening offer--to reduce but never eliminate tariffs on 
nearly 600 products--satisfied this objective, demonstrating 
this objective is meaningless. And while former Chairman Camp 
said that Japanese ``exclusions from tariff elimination 
translate to Congressional opposition'' to TPP, the bill does 
not mention comprehensive tariff elimination even as a 
negotiating objective, much less as a requirement.
    Right Track: Instructs the President to ``eliminate'' 
tariffs on virtually all products. In the exceptional 
circumstances where a product is not subject to full tariff 
elimination, the President is to obtain significant new market 
access opportunities, substantially equivalent to the 
opportunities afforded TPP party exporters in the U.S. market.
            11. Food Safety Measures
    Issue: Will the TPP safeguard the ability of regulators to 
block unsafe imported food while also ensuring that U.S. 
agricultural exporters are not subjected to bogus food safety 
measures?
    Status: TPP will be the first U.S. trade agreement that 
will include restrictions on the kind of measures TPP parties 
can take to block food imports based on alleged safety 
concerns, reflecting growing, legitimate concerns of U.S. 
farmers and ranchers. We have asked the Administration to 
confirm that existing U.S. laws, regulations and practices will 
not be impacted by these obligations. There is also a concern 
that we do not have adequate resources to monitor the safety of 
food imports.
    H.R. 1890: Requires the President to report on any changes 
to U.S. labor laws or practices necessary to comply with the 
labor obligations in a trade agreement. It has no similar 
provision regarding changes to U.S. food safety laws or 
practices, nor does it ensure adequate resources to monitor the 
safety of food imports.
    Right Track: Calls for additional and ongoing funding for 
food safety inspections, while also supporting robust rules to 
ensure that other countries do not adopt illegitimate food 
safety measures designed to keep out U.S. exports.
            12. Human Rights
    Issue: A number of TPP parties have disturbing records on 
human rights.
    Status: It is unclear how these concerns will be resolved 
with TPP partner countries.
    H.R. 1890: Provides no guidance. The objective is 
``ensuring implementation of trade commitments and obligations 
by strengthening good governance, transparency, the effective 
operation of legal regimes and the rule of law of trading 
partners of the United States 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.''
    Right Track: Provides that each TPP Party is expected to 
take steps to respect internationally recognized human rights. 
Also provides that House and Senate TPP Advisory Groups 
(described below) may recommend provisions to be included in 
the implementing bill, which could address human rights 
concerns.

TPP Congressional Consultations, Oversight, & Transparency

    The Right Track for TPP Act includes the following 
procedures and requirements:
     Transparency. Members and their staff with 
appropriate security clearances, and the stakeholder advisory 
committees, shall have access to all negotiating proposals and 
consolidated negotiating texts, with an indication of which 
party supports each provision. Member staff shall have access 
regardless of whether they are accompanied by their Member.
     House and Senate Advisory Groups Approve New TPP 
Entrants. Bipartisan House and Senate TPP Advisory Groups will 
be established, made up of Members from the committees of 
jurisdiction and other Members selected by leadership. No 
country can join the TPP negotiations, if the TPP is to be 
considered under expedited procedures, until the House and 
Senate Advisory Groups approve.
     Committee Disapproval Resolution: After the 
President notifies Congress of his intent to conclude TPP, 
either committee of jurisdiction can vote to remove TPP from 
receiving fast track consideration.
     Sizeable Minority Resolution: If one-third of the 
Members in both Chambers co-sponsors a resolution to remove TPP 
from receiving fast track consideration, that resolution must 
receive a vote in each Chamber. If the resolution passes both 
Chambers, TPP would not receive fast track consideration.
     Report on Impact of TPP. The President shall 
submit a report 120 days after TPP is concluded that, among 
other things, describes: (1) the likely economic impact of the 
agreement (including specific market opportunities U.S. 
exporters will gain and what imports are expected to increase; 
impact on employment, the median wage, income disparities; 
impact on trade imbalance); (2) impact on U.S. regulations; (3) 
the economic, legal, and institutional framework of each TPP 
party, including on transparency, and its ability to fully 
implement the commitments; and (4) an assessment of the 
environmental impact of the trade agreement.
     House and Senate Advisory Groups Vote on 
Compliance with Negotiating Instructions: For TPP to receive 
consideration under fast track procedures, the TPP Advisory 
Groups must certify that the President has (1) followed the 
negotiating instructions described above and (2) adequately 
consulted with Congress. While Congress obviously cannot write 
instructions that dictate the terms of the agreement, and the 
give-and-take of negotiations may result in some outcomes that 
do not mirror the instructions, Congress, not the President, 
should determine whether the instructions have been followed.
                              ----------                              

    The substitute applies only to the TPP negotiations. After 
TPP is put on the right track, Congress must consider trade 
negotiating authority and procedures for other critically 
important negotiations, such as the Trans-Atlantic Trade and 
Investment Partnership Agreement (TTIP). By contrast, H.R. 1890 
would apply for three years with a three-year extension. It 
therefore would cover such critically important negotiations as 
TTIP, which involves a broad range of issues, in some cases 
beyond TPP. Mr. McDermott offered an amendment to shorten the 
period of application in H.R. 1890 to the end of 2016. That 
amendment was rejected by the majority, as were all other 
amendments offered by the minority.
    While we appreciate the Chairman's willingness to 
thoroughly debate these issues during the markup, we oppose the 
Chairman's decision to not allow a vote on the amendment in the 
nature of a substitute, pursuant to Rule X of the House of 
Representatives. We recognize and respect the jurisdiction of 
the Committee on Rules, and understand that providing expedited 
House procedures for trade agreements falls within its 
jurisdiction. What is troubling, however, is that the majority 
of our Committee was able to markup a trade promotion authority 
bill, but the minority was prohibited from doing the very same 
thing through a substitute amendment. Making matters worse, we 
understand the Chairman of the Rules Committee plans to waive 
his Committee's jurisdiction over H.R. 1890, preventing any 
change to the many procedural rules throughout H.R. 1890, which 
are inextricably tied to the trade provisions of the bill, 
before the bill is debated by the full U.S. House of 
Representatives. It is a classic Catch-22. And, rather than 
being about the jurisdiction of Ways and Means versus the Rules 
Committee, the issue is the ability of the majority to deny the 
minority a vote on a bill with the very same scope as the one 
the majority voted for in Committee. The parliamentarians 
described this decision as a close-call, and the Chairman's 
decision bucks prior practice--former Chairman Bill Thomas 
allowed a vote on the minority's substitute TPA amendment in 
2001.
    We also note that, in conjunction with passing legislation 
that will guide the passage of trade agreements, Congress must 
also do more to ensure that the United States is prepared to 
compete in an increasingly globalized economy and to enforce 
our trade agreements and trade laws. A package of such measures 
(including, for example, a currency bill that passed the House 
of Representatives in 2010 with broad bipartisan support) was 
proposed as an amendment to H.R. 1890 but unfortunately was 
ruled not to be germane to H.R. 1890. We will continue to work 
to pass these measures into law, including during any upcoming 
conferences between the House and the Senate on trade.
    Finally, we wish to note two issues regarding the 
negotiating objectives in H.R. 1890. First, regarding the 
boycott divestment sanctions negotiating objective, we note 
that the H.R. 1907, introduced by the Majority, included an 
anti-boycott provision as part of the negotiating objectives 
for Trade Promotion Authority. That provision applied to all 
parties with which the United States is (and will be) 
negotiating trade agreements. Chairman Ryan introduced an 
amendment to his own Trade Promotion Authority bill that would 
limit the application of this provision to the Transatlantic 
Trade and Investment Partnership Agreement (TTIP). The 
amendment operates to exclude Trans-Pacific Partnership 
countries from the scope of the provision. In light of some of 
the policies of countries that are part of the TPP, the 
narrowing of the scope of the provision seems to be designed to 
ensure that those policies are not challenged as to TPP, while 
they are as to TTIP. In our view, any such provision should be 
applicable to all parties with which the United States is 
negotiating a trade agreement subject to TPA.
    Lastly, the Majority rejected Ms. Sanchez's amendment that 
would have provided for the removal of fast-track procedures 
with respect trade agreements that include trading partners who 
criminalize lesbian, gay, bisexual and transgender (LGBT) 
conduct. The Majority indicated that LGBT rights are included 
among internationally recognized human rights. The provisions 
regarding internationally recognized human rights in H.R. 1890 
are inadequate and far weaker than the provisions addressing 
those issues in the Right Track for TPP Act.
    The text of the Right Track for the Trans-Pacific 
Partnership Act of 2015 follows:

          AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 1890


                    Offered by Mr. Levin of Michigan

    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Right 
Track for the Trans-Pacific Partnership Act of 2015''.
    (b) Table of Contents.--The table of contents for this Act 
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. TPP negotiating instructions.
Sec. 3. TPP advisory groups.
Sec. 4. Application of trade authorities procedures to TPP.
Sec. 5. Congressional consultation during TPP negotiations.
Sec. 6. Congressional consideration and implementation of TPP.
Sec. 7. Additional TPP implementation and enforcement requirements.
Sec. 8. Definitions.

SEC. 2. TPP NEGOTIATING INSTRUCTIONS.

    (a) TPP Negotiating Instructions on Major Outstanding 
Issues.--The negotiating instructions of the Congress to the 
President on negotiations with respect to the major outstanding 
issues of the Trans-Pacific Partnership (in this Act referred 
to as the ``TPP'' or ``TPP agreement'') negotiations are the 
following:
          (1) Currency manipulation.--Congress' instructions to 
        the President regarding currency practices are to 
        establish strong and enforceable rules, consistent with 
        or building upon Article IV of the Articles of 
        Agreement of the International Monetary Fund and 
        related guidelines, requiring each TPP party to avoid 
        manipulating exchange rates to gain an unfair 
        competitive advantage in international trade over other 
        TPP parties. The rules shall be enforceable through the 
        same dispute settlement and remedies as other 
        obligations under the TPP agreement, provided that a 
        panel finding that a TPP party is engaging in currency 
        manipulation shall have no effect if, not later than 60 
        days after the panel makes its finding, the Executive 
        Board of the International Monetary Fund disagrees with 
        a panel finding and affirmatively finds that the TPP 
        party is not engaging in currency manipulation.
          (2) Labor rights.--Congress' instructions to the 
        President with respect to labor provisions are--
                  (A) to ensure that each TPP party--
                          (i) adopts, maintains, and does not 
                        waive or otherwise derogate from, 
                        measures implementing core labor 
                        standards (as defined in section 8),
                          (ii) does not fail to effectively 
                        enforce its labor laws, through a 
                        sustained or recurring course of action 
                        or inaction,
in a manner affecting trade or investment between the parties;
                  (B) to strengthen the capacity of the TPP 
                parties to promote respect for core labor 
                standards;
                  (C) to ensure that the labor obligations are 
                subject to the same dispute settlement and 
                remedies as other obligations under the TPP 
                agreement; and
                  (D) to ensure the implementation of the labor 
                obligations in the TPP agreement by--
                          (i) providing that a union shall not 
                        be required to affiliate with any 
                        confederation and shall be free to form 
                        and affiliate with any vertical or 
                        horizontal workers organization, 
                        including any confederation, sector-
                        wide, or industry-wide union of its own 
                        choosing and that workers in a TPP 
                        party shall have the right to freely 
                        form and join an autonomous and 
                        independent union of their choosing;
                          (ii) providing that a union engaged 
                        in collective bargaining with an 
                        employer must demonstrate majority 
                        support of that employer's workers, on 
                        behalf of whom it is negotiating, prior 
                        to registration of any collective 
                        bargaining agreement;
                          (iii) providing that for purposes of 
                        labor obligations in the agreement 
                        relating to procedural guarantees for 
                        labor law enforcement, any 
                        administrative, quasi-judicial, 
                        judicial or labor tribunals or boards 
                        composed of members with direct or 
                        indirect interest in matters before 
                        them shall not be considered impartial 
                        and independent;
                          (iv) requiring each TPP party to 
                        adopt all measures necessary to bring 
                        its laws and regulations into 
                        compliance with the TPP agreement, and 
                        to have adopted any new procedures and 
                        institutional changes needed to 
                        independently and objectively implement 
                        such legal reforms, before the 
                        implementing bill is submitted to 
                        Congress; and
                          (v) with respect to any TPP party 
                        that must substantially transform its 
                        labor regime to comply with the labor 
                        obligations in the TPP agreement, 
                        establishing from the date of entry 
                        into force of the TPP agreement an 
                        independent panel of experts to 
                        regularly examine and publicly report 
                        on the implementation of the 
                        transformational reforms, provide 
                        recommendation, and identify concerns 
                        relating to the TPP party's compliance 
                        with its labor obligations in the 
                        agreement based on input from the TPP 
                        parties and interested stakeholders and 
                        on any other relevant information and 
                        reporting. If the independent panel 
                        determines that the TPP party is not in 
                        compliance with its obligations, the 
                        determination shall be treated as an 
                        initial report of an arbitral panel 
                        under the agreement, and the matter 
                        shall be addressed in accordance with 
                        the normal procedures laid out for such 
                        cases, including through an agreement 
                        to eliminate the nonconformity in the 
                        first instance or, as a last resort, to 
                        suspend benefits under the TPP 
                        agreement.
          (3) Environment.--Congress' instructions to the 
        President regarding the environment are to obtain 
        commitments from each TPP party to ensure a level of 
        environmental protection in trade and investment at 
        least as great as the level established under the ``May 
        10 Agreement of 2007'' (as defined in section 8), such 
        as by--
                  (A) requiring that each TPP party--
                          (i) adopts and maintains measures 
                        implementing its obligations under the 
                        core multilateral environmental 
                        agreements (as defined in section 8);
                          (ii) does not waive or otherwise 
                        derogate from, or offer to waive or 
                        otherwise derogate, from its statutes 
                        or regulations implementing 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 TPP party, 
                        except as provided in its law and 
                        provided not inconsistent with its 
                        obligations under core 13 multilateral 
                        environmental agreements 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 TPP 
                        party after entry into force of a trade 
                        agreement between those countries;
                  (B) prohibiting trade in illegally harvested 
                goods, including in sub-Federal entities that 
                are known to permit such trade, and shark 
                finning;
                  (C) prohibiting subsidies that promote 
                fishing with respect to overfished species;
                  (D) requiring joint action to address climate 
                change, including through adaptation and 
                mitigation;
                  (E) strengthening the capacity of United 
                States trading partners to protect the 
                environment through the promotion of 
                sustainable development;
                  (F) reducing or eliminating government 
                practices or policies that unduly threaten 
                sustainable development;
                  (G) ensuring that environment obligations are 
                subject to the same dispute settlement and 
                remedies as other obligations under the TPP 
                agreement;
                  (H) requiring each TPP party to operate 
                regional fisheries management organization 
                systems that--
                          (i) regulate marine wild capture 
                        fishing; and
                          (ii) are designed to--
                                  (I) prevent overfishing and 
                                overcapacity;
                                  (II) reduce bycatch of 
                                nontarget species and 
                                juveniles; and
                                  (III) promote the recovery of 
                                overfished stocks; and
                  (I) ensuring long-term conservation of marine 
                mammals, marine turtles, and seabirds.
          (4) Investment and investor-state dispute 
        settlement.--Recognizing that United States law 
        provides a high level of protection for investment, 
        consistent with or greater than the level required by 
        international law, Congress' instructions to the 
        President regarding investment and investor-state 
        dispute settlement 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 by--
                  (A) freeing the transfer of funds relating to 
                investments, except where a restriction on the 
                transfer of funds is necessary to prevent or 
                mitigate a financial crisis;
                  (B) further clarifying the ``minimum standard 
                of treatment'' provision, consistent with the 
                award in Glamis Gold (as defined in section 8), 
                by--
                          (i) explicitly stating that the 
                        investor bears the burden of 
                        establishing that a state has violated 
                        a principle of customary international 
                        law regarding the minimum standard of 
                        treatment of aliens;
                          (ii) explicitly stating that 
                        customary international law requires an 
                        investor to prove a general and 
                        consistent practice of states, and that 
                        evidence for such practice cannot be 
                        based on a past tribunal's 
                        interpretation of the minimum standard 
                        of treatment, and that is followed 
                        based on a sense of legal obligation 
                        (opinio juris); and
                          (iii) explicitly stating that, unless 
                        an investor is able to prove otherwise 
                        based on the customary international 
                        law standard, ``arbitrary'' conduct by 
                        a state or state actions that upset an 
                        investor's expectations do not violate 
                        the minimum standard of treatment;
                  (C) establishing a mechanism whereby the TPP 
                party being sued by an investor and the 
                investor's home country may agree that a claim 
                submitted to arbitration is not a claim for 
                which an award in favor of the claimant may be 
                granted by the tribunal; and
                  (D) stating, in the preamble of the TPP 
                agreement, that the TPP agreement does not 
                accord greater substantive rights than domestic 
                investors have under domestic laws where, as in 
                the United States, protection of investor 
                rights under domestic law equal or exceed those 
                set forth in the TPP agreement.
          (5) Access to medicines.--Congress' instructions to 
        the President regarding trade-related intellectual 
        property and access to medicines are to ensure that the 
        provisions of the TPP agreement 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 
        the May 10 Agreement of 2007 (as defined in section 8), 
        which fosters innovation and promotes access to 
        medicines for all.
          (6) Automotive market access.--Congress' instructions 
        to the President regarding the automotive market in 
        Japan (including cars, trucks, and auto parts), and to 
        any other product market that has historically been 
        essentially closed to United States exports, are to 
        maintain United States tariffs on imports of comparable 
        products from that TPP party for a period of time 
        sufficient to ensure that the TPP party has opened its 
        market to United States exports of the relevant 
        product. In the case of the Japanese automotive market, 
        Congress' instructions to the President are to obtain 
        an agreement that--
                  (A) with respect to tariffs, either--
                          (i) phases out United States tariffs 
                        as soon as, but not before, Japan has 
                        established a consistent record of 
                        openness to imports, in line with the 
                        import penetration level of other 
                        industrialized nations; or
                          (ii) reduces United States tariffs 
                        not before 25 years, and eliminates 
                        United States tariffs not before 30 
                        years, after the TPP agreement enters 
                        into force.
                  (B) eliminates unjustifiable nontariff 
                barriers that have impeded the ability of 
                United States automakers to establish 
                presences, operate, import, or otherwise 
                compete effectively in Japan; and
                  (C) establishes a dispute settlement 
                mechanism that--
                          (i) is applicable specifically to 
                        United States-Japan automotive trade; 
                        and
                          (ii) permits the United States, where 
                        Japan has been found to have acted 
                        inconsistently with its obligations 
                        under the TPP agreement, to suspend 
                        benefits accruing to Japan by delaying 
                        the reduction of United States tariffs, 
                        if United States tariffs have not yet 
                        been reduced, and by reimposing tariffs 
                        to pre-reduction levels, if United 
                        States tariffs have started being or 
                        have already been reduced.
          (7) Rules of origin.--Congress' instructions to the 
        President regarding rules of origin are to ensure that, 
        to the maximum extent feasible, the benefits of the TPP 
        agreement accrue to the TPP parties, particularly with 
        respect to goods produced in the United States and 
        goods that incorporate materials produced in the United 
        States. In the case of automotive products, the 
        President is instructed to obtain a rule of origin at 
        least as stringent as the rule in the North American 
        Free Trade Agreement.
          (8) Tobacco controls.--Congress' instructions to the 
        President regarding public health measures relating to 
        tobacco is to clarify and ensure that nondiscriminatory 
        public health measures relating to tobacco should not 
        be challenged within the mechanisms of the TPP 
        agreement as being inconsistent with the obligations in 
        the TPP agreement.
          (9) State-owned and state-controlled enterprises.--
        Congress' instructions to the President regarding 
        competition by state-owned and state-controlled 
        enterprises are 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,
                  (B) ensure that such engagement is based 
                solely on commercial considerations,
                  (C) apply broadly to all enterprises that are 
                controlled by governments, including where the 
                government owns a controlling interest but less 
                than a majority of the shares in the 
                enterprise, and
                  (D) apply to virtually all state-owned or 
                controlled enterprises with exclusions narrowly 
                tailored to address specific public policy 
                objectives,
in particular through disciplines that eliminate or prevent 
discrimination and market-distorting subsidies and that promote 
transparency.
          (10) Agriculture market access.--Congress' 
        instructions to the President regarding agriculture are 
        to--
                  (A) eliminate, by a date certain, tariffs and 
                other charges on United States exports of 
                virtually all bulk, specialty crop, and value-
                added commodities, by tariff line; and
                  (B) in the exceptional circumstances where an 
                agricultural product is not subject to full 
                tariff elimination, obtain significant new 
                market access opportunities for United States 
                exporters, through tariff-rate quotas and other 
                mechanisms, substantially equivalent to the 
                competitive opportunities afforded TPP party 
                exporters in United States markets.
          (11) Food safety measures and other measures 
        affecting agricultural products.--Congress' 
        instructions to the President regarding disciplines on 
        food safety measures and other measures affecting 
        agricultural products are to obtain competitive 
        opportunities for United States exports of agricultural 
        commodities in the markets of TPP parties substantially 
        equivalent to the competitive opportunities afforded 
        foreign exporters in United States markets and to 
        achieve fairer and more open conditions of trade in 
        bulk, specialty crop, and value added commodities by 
        securing more open and equitable market access through 
        robust rules on sanitary and phytosanitary measures 
        that--
                  (A) 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,
                  (B) improve regulatory coherence, promote the 
                use of systems-based approaches, and 
                appropriately recognize the equivalence of 
                health and safety protection systems of 
                exporting countries,
                  (C) 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,
                  (D) improve import check processes, including 
                testing methodologies and procedures, and 
                certification requirements, and
                  (E) eliminate and prevent the undermining of 
                market access for United States products 
                through improper use of a country's system for 
                protecting or recognizing geographical 
                indications,
while preserving the right of governments to put in place 
legitimate measures to protect human, animal, or plant life or 
health, and reaffirming the rights and obligations under 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))).
          (12) Human rights.--Congress' instruction to the 
        President regarding human rights is, in determining 
        whether to conclude the TPP negotiations with each 
        party, to consider whether the government of that TPP 
        party consistently demonstrates respect for 
        ``internationally recognized human rights'' (as defined 
        in section 8) and is taking steps to address areas of 
        concern.
    (b) Instructions With Respect to Other Issues.--Recognizing 
the current status of the TPP negotiations, Congress' 
instruction to the President with respect to the negotiations 
on subjects other than those described above is to continue to 
pursue the objectives United States negotiators have had in 
these negotiations, based on views expressed by stakeholders 
and Members of Congress.

SEC. 3. TPP ADVISORY GROUPS.

    (a) Selection.--
          (1) In general.--Not later than 14 days after the 
        date of the enactment of this Act, the Speaker of the 
        House of Representatives and the President pro tempore 
        of the Senate shall each establish a TPP Advisory Group 
        in accordance with the requirements of this section. 
        The TPP Advisory Groups shall provide advice on the 
        development of trade policy and priorities for the 
        implementation thereof.
          (2) House membership.--The House TPP Advisory Group 
        shall be comprised of the following Members of the 
        House of Representatives:
                  (A) The chairman and ranking minority member 
                of the Committee on Ways and Means and 10 
                additional Members (not more than 5 of whom are 
                members of the same political party), selected 
                by the chairman and ranking minority member of 
                such Committee.
                  (B) Ten other members of the House of 
                Representatives (not more than 5 of whom are 
                members of the same political party), selected 
                by the Speaker and minority leader of the House 
                of Representatives.
          (3) Senate membership.--The Senate TPP Advisory Group 
        shall be comprised of the following Members of the 
        Senate:
                  (A) The chairman and ranking minority member 
                of the Committee on Finance, and 4 additional 
                Members of the Senate (not more than 2 of whom 
                are members of the same political party), 
                selected by the chairman and ranking minority 
                member of such Committee.
                  (B) Four other Members of the Senate (not 
                more than 2 of whom are members of the same 
                political party), selected by the President pro 
                tempore and the minority leader of the Senate.
          (4) Accreditation.--Each member of the House and 
        Senate TPP Advisory Groups shall be accredited by the 
        United States Trade Representative on behalf of the 
        President as an official adviser to the United States 
        delegation in negotiations for any trade agreement to 
        which this title applies.
    (b) Briefing.--The United States Trade Representative shall 
keep each member of the House and Senate TPP Advisory Groups 
currently informed with respect to progress on negotiating 
instructions under section 2, the status of TPP negotiations, 
and the nature of any changes in domestic law or the 
administration thereof which may be recommended to Congress to 
carry out TPP agreement or any requirement of, amendment to, or 
recommendation under, the TPP agreement.

SEC. 4. APPLICATION OF TRADE AUTHORITIES PROCEDURES TO TPP.

    (a) In General.--The provisions of section 151 of the Trade 
Act of 1974 (in this Act referred to as ``trade authorities 
procedures'') shall apply to a bill of either House of Congress 
which contains provisions described in subsection (b) to the 
same extent as such section 151 applies to implementing bills 
under that section. A bill to which this section applies shall 
hereafter in this Act be referred to as an ``implementing 
bill''.
    (b) Provisions Described.--The provisions described in 
subsection (a) are--
          (1) a provision approving a trade agreement with 
        Australia, Brunei, Canada, Chile, Japan, Malaysia, 
        Mexico, New Zealand, Peru, Singapore, and Vietnam (in 
        this Act referred to as the ``Trans-Pacific 
        Partnership'' or ``TPP agreement'') and implementing 
        the TPP agreement (in this Act referred to as an 
        ``implementing bill''); and
          (2) if changes in existing laws or new statutory 
        authority are required to implement the TPP agreement, 
        provisions necessary or appropriate to implement the 
        TPP agreement, either repealing or amending existing 
        laws or providing new statutory authority.
    (c) Satisfaction of Other Requirements in This Act.--Trade 
authorities procedures shall only apply to an implementing bill 
if--
          (1) the President has satisfied each consultation 
        provision contained in this Act;
          (2) disapproval resolutions, as described in section 
        5(b)(1), are not agreed to as provided in section 
        5(b)(1);
          (3) neither the Committee on Finance of the Senate 
        nor the Committee on Ways and Means of the House of 
        Representatives agrees to a disapproval resolution, as 
        provided in section 5(b)(2); and
          (4) each TPP Advisory Group concurs, as described in 
        section 6(d), with the President's assertion that the 
        TPP agreement achieves the negotiating instructions 
        under section 2 and that the President has adequately 
        consulted with Congress.
    (d) Accession to TPP.--Trade authorities procedures shall 
not apply to a bill of either House of Congress which provides 
for a foreign country or instrumentality to accede to the TPP 
agreement, unless--
          (1) the President provides Congress with 90 days 
        notice of the intent to negotiate with the foreign 
        country or instrumentality to accede to the TPP 
        agreement;
          (2) a majority of the members of each TPP Advisory 
        Group approves of negotiating with that foreign country 
        or instrumentality within that 90 day consultation 
        period; and
          (3) the President separately satisfies every 
        requirement in this Act with respect to the 
        consultations of that foreign country or 
        instrumentality during negotiations regarding accession 
        to the TPP agreement.

SEC. 5. CONGRESSIONAL CONSULTATION DURING TPP NEGOTIATIONS.

      (a) Consultation With Congress Before Entered Into a TPP 
Agreement.--
          (1) Consultation.--Before entering into a TPP 
        agreement, the President shall consult, on a systemic 
        and regular basis, with--
                  (A) the House and Senate TPP Advisory Groups;
                  (B) the Committee on Ways and Means of the 
                House of Representatives and the Committee on 
                Finance of the Senate;
                  (C) each other committee of the House of 
                Representatives and the Senate, and each joint 
                committee of the Congress, which has 
                jurisdiction over legislation involving subject 
                matters which would be affected by the TPP 
                agreement; and
                  (D) any other Member of Congress that 
                requests consultations.
          (2) Scope.--The consultation described in paragraph 
        (1) shall include consultation with respect to--
                  (A) the nature of the TPP agreement;
                  (B) how and to what extent the TPP agreement 
                will achieve the applicable purposes, policies, 
                priorities, and negotiating instructions under 
                this Act, as well as any other issue dealt with 
                in the TPP agreement;
                  (C) the implementation of the TPP agreement 
                under section 6, including the general effect 
                of the TPP agreement on existing laws.
          (3) Access to text of negotiating proposals.--
                  (A) In general.--Consistent with effective 
                negotiations, the United States Trade 
                Representative shall encourage maximum 
                accessibility to trade texts, the proposals 
                made by the United States and other trading 
                partners. The policy is to make negotiations as 
                open as possible and to identify major issues 
                that are the subject of negotiations.
                  (B) Access to specific texts.--The President 
                shall, upon request, make available to each 
                Member of Congress the following:
                          (i) A copy of the text of the 
                        negotiating proposals of the United 
                        States with respect to the TPP 
                        agreement.
                          (ii) A copy of the text of the 
                        negotiating proposals of each foreign 
                        country with respect to the TPP 
                        agreement.
                          (iii) A copy of consolidated 
                        negotiating texts, which shall indicate 
                        which country is advocating for each 
                        provision.
                  (C) Congressional staff.--Each Member of 
                Congress may designate one staff member to 
                review the texts described in clauses (i), 
                (ii), and (iii) of subparagraph (A) if such 
                staff member has an appropriate security 
                clearance, and the President shall, upon 
                request of a Member, promptly make available to 
                such staff the texts described in clauses (i), 
                (ii), and (iii) of subparagraph (A). The Member 
                of Congress does not need to be present for his 
                or her designated staff member to review these 
                texts. In no case shall access to information 
                described in clauses (i), (ii), and (iii) of 
                subparagraph (A) by staff require a security 
                clearance above the level under which the 
                information is classified.
                  (D) Trade advisory committee members.--The 
                President shall promptly make available to each 
                member of a trade advisory committee, with an 
                appropriate security clearance, as established 
                under section 135 of the Trade Act of 1974, as 
                amended (19 U.S.C. 2155), the text of the 
                negotiation proposals under clauses (i), (ii), 
                and (iii) of subparagraph (A).
                  (E) Timing of Access to Texts.--Texts 
                described in clauses (i), (ii), and (iii) of 
                subparagraph (A) shall be made available to 
                Members of Congress and their staff no later 
                than the date on which such information is made 
                available to the government of a foreign 
                country that is a party to the TPP negotiations
          (4) Public summaries of tpp negotiation.--Not later 
        than 30 calendar days after the date of the enactment 
        of this Act, the United States Representative shall 
        publish, on a publicly available Internet website, 
        detailed summaries for each chapter being negotiated 
        under the TPP. Where appropriate, the summaries shall 
        explain how the negotiations will achieve the 
        negotiating instructions under section 2. The United 
        States Trade Representative shall update these detailed 
        summaries regularly, particularly before and after 
        negotiating rounds.
          (5) Technical assistance.--The United States 
        International Trade Commission shall, upon request, 
        provide technical assistance to each Member of Congress 
        with respect to analyzing the potential impacts of the 
        TPP agreement.
          (6) Accreditation.--The United States Trade 
        Representative, acting on behalf of the President, 
        shall accredit a Member of Congress, upon request, as 
        an official adviser to the TPP negotiations.
    (b) Disapproval Resolutions with Respect to Ongoing TPP 
Negotiations.--
          (1) Biennial disapproval resolution; discharge by 
        sizeable minority.--
                  (A) In general.--The trade authorities 
                procedures shall not apply to any implementing 
                bill submitted with respect to the TPP 
                agreement if, during the 120-day period 
                beginning on the date that one House of 
                Congress agrees to a disapproval resolution 
                described in subparagraph (B) disapproving the 
                TPP negotiations, the other House separately 
                agrees to a disapproval resolution described in 
                paragraph (B) disapproving of those 
                negotiations.
                  (B) Disapproval resolution.--For purposes of 
                this paragraph, the term ``disapproval 
                resolution'' means a resolution, the sole 
                matter after the resolving clause of which is 
                as follows: ``That the ___ disapproves the TPP 
                negotiations and, therefore, the trade 
                authorities procedures not apply to any 
                implementing bill submitted with respect to the 
                TPP.'', with the blank space being filled with 
                the name of the resolving House of Congress.
                  (C) Procedures for considering resolutions.--
                          (i) Any disapproval resolution to 
                        which paragraph (1) applies--
                                  (I) in the House of 
                                Representatives shall be 
                                referred to the Committee on 
                                Ways and Means and, in 
                                addition, to the Committee on 
                                Rules, and may not be amended 
                                by either Committee; and
                                  (II) in the Senate shall be 
                                referred to the Committee on 
                                Finance.
                          (ii) The provisions of section 
                        152(c), (d), and (e) of the Trade Act 
                        of 1974 (19 U.S.C. 2192 (c), (d), and 
                        (e)) (relating to the consideration of 
                        certain resolutions in the House and 
                        Senate) apply to any disapproval 
                        resolution to which paragraph (1) or 
                        (2) applies if--
                                  (I) there are at least 145 
                                cosponsors of the resolution, 
                                in the case of a resolution of 
                                the House of Representatives, 
                                and at least 34 co-sponsors of 
                                the resolution, in the case of 
                                a resolution of the Senate; and
                                  (II) no resolution that meets 
                                the requirements of clause (I) 
                                has previously been considered 
                                under such provisions of 
                                section 152 of the Trade Act of 
                                1974 in that House of Congress 
                                during that Congress.
                          (iii) It is not in order for--
                                  (I) the Senate to consider 
                                any joint resolution unless it 
                                has been reported by the 
                                Committee on Finance or the 
                                committee has been discharged 
                                pursuant to subparagraph 
                                (C)(ii); or
                                  (II) the House of 
                                Representatives to consider any 
                                joint resolution unless it has 
                                been reported by the Committee 
                                on Ways and Means or the 
                                committee has been discharged 
                                pursuant to subparagraph 
                                (C)(ii).
                  (D) Computation of certain time periods.--
                Each period of time referred to in subparagraph 
                (A) shall be computed without regard to--
                          (i) the days on which either House of 
                        Congress is not in session because of 
                        an adjournment of more than 3 days to a 
                        day certain or an adjournment of the 
                        Congress sine die; and
                          (ii) any Saturday and Sunday, not 
                        excluded under clause (i), when either 
                        House of Congress is not in session.
          (2) Committee disapproval resolution.--The trade 
        authorities procedures shall not apply to an 
        implementing bill submitted with respect to the TPP 
        agreement if the Committee on Finance of the Senate or 
        the Committee on Ways and Means of the House of 
        Representatives passes a disapproval resolution 
        regarding the TPP negotiations before the close of the 
        60-day period which begins on the date notice is 
        provided under section 6(a)(1)(A)(iii).

SEC. 6. CONGRESSIONAL CONSIDERATION AND IMPLEMENTATION OF TPP.

    (a) In General.--
          (1) Notification and submission.--The TPP agreement 
        shall enter into force with respect to the United 
        States if (and only if)--
                  (A) the President--
                          (i) at least 90 calendar days before 
                        the day on which the President enters 
                        into a TPP agreement, notifies the 
                        House of Representatives and the Senate 
                        of the President's intention to enter 
                        into the TPP agreement, and promptly 
                        thereafter publishes notice of such 
                        intention in the Federal Register;
                          (ii) at least 60 days before the day 
                        on which the President enters into the 
                        TPP agreement, the TPP agreement is 
                        published on a publicly available 
                        Internet website of the Office of the 
                        United States Trade Representative; and
                          (iii) at least 60 days before the 
                        date notice is provided under clause 
                        (i), provides written notice of such 
                        negotiations to the Committee on 
                        Finance of the Senate and the Committee 
                        on Ways and Means of the House of 
                        Representatives;
                  (B) the advisory committee report required 
                under section 135(e)(1) of the Trade Act of 
                1974 is provided to the President, the 
                Congress, and the United States Trade 
                Representative not later than 30 days after the 
                date on which the President notifies the 
                Congress under subparagraph (A)(i) of the 
                President's intention to enter into the TPP 
                agreement;
                  (C) not later than 60 days after entering 
                into the TPP agreement, the President submits 
                to the 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 TPP agreement;
                  (D) after entering into the TPP agreement, 
                the President submits to the Congress, on a day 
                on which both Houses of Congress are in 
                session, a copy of the final legal text of the 
                TPP agreement, together with--
                          (i) a draft of an implementing bill 
                        described in section 4(b);
                          (ii) a statement of any 
                        administrative action proposed to 
                        implement the TPP agreement; and
                          (iii) the supporting information 
                        described in paragraph (2); and
                  (E) the implementing bill is enacted into 
                law.
          (2) Supporting information.--The supporting 
        information required under paragraph (1)(D)(iii) 
        consists of--
                  (A) an explanation as to how the implementing 
                bill and proposed administrative action will 
                change or affect existing law, including any 
                changes to United States statutes, regulations, 
                or practices concerning food safety; and
                  (B) a statement--
                          (i) asserting that the TPP agreement 
                        achieves the applicable purposes, 
                        policies, priorities, and negotiating 
                        instructions under this Act; and
                          (ii) setting forth the reasons of the 
                        President regarding--
                                  (I) how and to what extent 
                                the TPP agreement achieves the 
                                applicable purposes, policies, 
                                and negotiating instructions 
                                referred to in clause (i);
                                  (II) whether and how the TPP 
                                agreement changes provisions of 
                                an agreement previously 
                                negotiated;
                                  (III) how, and to what 
                                extent, the TPP agreement 
                                promotes production and 
                                employment in the United 
                                States, reduces income 
                                inequality, and results in 
                                broadly shared prosperity; and
                                  (IV) how the TPP agreement 
                                serves the interests of United 
                                States commerce.
          (3) Reciprocal benefits.--In order to ensure that a 
        foreign country that is not a party to the TPP 
        agreement does not receive benefits under the TPP 
        agreement unless the country is also subject to the 
        obligations under the TPP agreement, the implementing 
        bill submitted with respect to the TPP agreement shall 
        provide that the benefits and obligations under the TPP 
        agreement apply only to the parties to the TPP 
        agreement, if such application is consistent with the 
        terms of the TPP agreement. The implementing bill may 
        also provide that the benefits and obligations under 
        the TPP agreement do not apply uniformly to all parties 
        to the TPP agreement, if such application is consistent 
        with the terms of the TPP agreement.
          (4) Disclosure of commitments.--Any agreement or 
        other understanding with a foreign government or 
        governments (whether oral or in writing) that relates 
        to the TPP agreement with respect to which the Congress 
        enacts an implementing bill under trade authorities 
        procedures shall be disclosed to the Congress. Any such 
        agreement or understanding that is not disclosed to the 
        Congress before an implementing bill with respect to 
        the TPP agreement is introduced in either House of 
        Congress shall not be considered to be part of the TPP 
        agreement approved by the Congress and shall have no 
        force and effect under United States law or in any 
        dispute settlement body.
    (b) Post-Negotiation Report.--
          (1) In general.--The President, at least 90 calendar 
        days before the day on which the President enters into 
        the TPP agreement, shall provide the United States 
        International Trade Commission (referred to in this 
        subsection as ``the Commission'') with the details of 
        the TPP agreement as it exists at that time and request 
        the Commission to prepare and submit an assessment of 
        the TPP 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 TPP 
        agreement.
          (2) Report.--Not later than 150 calendar days after 
        the day on which the President enters into the TPP 
        agreement, the President, working with the Commission, 
        shall submit to the Congress a report regarding--
                  (A) the likely economic impacts of the TPP 
                agreement, with respect to both tariff and 
                nontariff barriers, including--
                          (i) specific market opportunities 
                        with regard to United States exports to 
                        each party to the TPP agreement and 
                        what imports from such country are 
                        expected to increase as a result of the 
                        TPP agreement;
                          (ii) the impact on employment, the 
                        median wage, and income disparities in 
                        the United States, based on an 
                        assumption that the United States is 
                        operating at less than full employment;
                          (iii) the impact on the bilateral 
                        United States trade imbalance with TPP 
                        parties and the overall United States 
                        trade imbalance; and
                          (iv) the impact on United States 
                        energy security and United States 
                        energy prices;
                  (B) the likely impact on United States 
                Federal, State, and local regulation of labor, 
                environmental and natural resources protection, 
                food and drug safety, regulation of financial 
                markets, government procurement, and consumer 
                protections;
                  (C) the economic, legal, and institutional 
                framework of each TPP party, including the 
                transparency of each TPP party's legal regime;
                  (D) an assessment of each TPP party's ability 
                to fully implement the commitments of the TPP 
                agreement with the United States. In providing 
                such information, the President shall submit 
                specific information on the compliance of each 
                TPP party to existing trade agreements to which 
                it is a party and what enforcement actions, if 
                any, have been taken by the United States or 
                other countries to achieve compliance;
                  (E) an assessment of the likely environmental 
                impact of the TPP agreement, consistent with 
                Executive Order 13141 of November 16, 1999, and 
                its relevant guidelines; and
                  (F) an explanation, based on empirical 
                evidence, of the rule of origin for automotive 
                products, textile and apparel products, and 
                other products where the rule of origin plays 
                an important role in ensuring that the benefits 
                of the TPP agreement flow to the TPP Parties.
          (3) Review of empirical literature.--In preparing the 
        assessment, the Commission shall review available 
        economic assessments regarding the TPP 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 TPP agreement.
    (c) Committee Views; Report and Recommendation.--
          (1) In general.--Not later than 30 calendar days 
        after receipt of a report under subsection (b), each 
        committee of the House of Representatives and the 
        Senate, and each joint committee of Congress, which has 
        jurisdiction over legislation involving subject matters 
        which would be affected by the TPP agreement shall--
                  (A) prepare a report evaluating the TPP 
                agreement with respect to the issues in that 
                committee's jurisdiction, including whether the 
                relevant negotiating instructions under section 
                2 have been achieved;
                  (B) for a committee in the Senate, submit the 
                report to the Committee on Finance; and
                  (C) for a committee in the House of 
                Representatives, submit the report to the 
                Committee on Ways and Means.
          (2) Report and recommendation.--Not later than 30 
        calendar days after receipt of the views of all such 
        congressional committees--
                  (A) the Committee on Finance of the Senate 
                shall submit to the Senate TPP Advisory Group a 
                report containing--
                          (i) the views of the committees of 
                        the Senate; and
                          (ii) a recommendation to approve or 
                        disapprove of applying trade 
                        authorities procedures to the TPP 
                        agreement; and
                  (B) the Committee on Ways and Means of the 
                House of Representatives shall submit to the 
                House TPP Advisory Group a report containing--
                          (i) the views of the committees of 
                        the House of Representatives; and
                          (ii) a recommendation to approve or 
                        disapprove of applying trade 
                        authorities procedures to the TPP 
                        agreement.
    (d) TPP Advisory Groups Approval Resolutions to Apply Trade 
Authorities Procedures to TPP.--
          (1) In general.--Not later than 30 calendar days 
        after receipt of the reports in subsection (c), each 
        TPP Advisory Group shall vote as to whether it 
        concurs--
                  (A) with the President's statement in 
                subsection (a)(2)(B)(i) that the TPP agreement 
                achieves the purposes, priorities, and 
                negotiating instructions under section 2; and
                  (B) that the President has adequately 
                consulted with Congress.
          (2) The trade authorities procedures shall apply to a 
        TPP agreement implementing bill only if a majority of 
        the House TPP Advisory Group and a majority of the 
        Senate TPP Advisory Group concurs.
          (3) Each TPP Advisory Group may recommend provisions 
        to be included in the implementing bill that are 
        ``necessary or appropriate'' and may issue a report 
        explaining its decision, including dissenting views. 
        These provisions may include, for example:
                  (A) legislation to impose a WTO-consistent 
                import fee or other measure to permanently fund 
                food safety inspections of imports; and
                  (B) legislation addressing issues that 
                directly relate to TPP parties, such as human 
                rights.
    (e) Rules of House of Representatives and Senate.--
Subsection (d) of this section, section 4, and section 5(b) are 
enacted by the 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. ADDITIONAL TPP IMPLEMENTATION AND ENFORCEMENT REQUIREMENTS.

    (a) In General.--At the time the President submits to the 
Congress the final text of the TPP agreement pursuant to 
section 6(a)(1)(D), the President shall also submit a plan for 
implementing and enforcing the TPP agreement. The 
implementation and enforcement plan shall include the 
following--
          (1) Border personnel requirements.--A description of 
        additional personnel required at border entry points, 
        including a list of additional customs and agricultural 
        inspectors.
          (2) Agency staffing requirements.--A description of 
        additional personnel required by Federal agencies 
        responsible for monitoring and implementing the TPP 
        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 the Treasury, the Department of Labor, 
        and such other agencies as may be necessary.
          (3) Customs infrastructure requirements.--A 
        description of the additional equipment and facilities 
        needed by U.S. Customs and Border Protection.
          (4) Impact on state and local governments.--A 
        description of the impact the TPP agreement will have 
        on State and local governments as a result of increases 
        in trade.
          (5) Cost analysis.--An analysis of the costs 
        associated with each of the items listed in paragraphs 
        (1) through (4).
    (b) Budget Submission.--The President shall include a 
request for the resources necessary to support the plan 
described in subsection (a) in the first budget that the 
President submits to the Congress after the submission of the 
plan.

SEC. 8. DEFINITIONS.

          (1) 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.
          (2) Core multilateral environmental agreements.--The 
        term ``core multilateral environmental agreements'' 
        means the following:
                  (A) The Convention on International Trade in 
                Endangered Species of Wild Fauna and Flora, 
                done at Washington, March 3, 1973, as amended.
                  (B) The Montreal Protocol on Substances that 
                Deplete the Ozone Layer, done at Montreal, 
                September 16, 1987, as adjusted and amended.
                  (C) The Protocol of 1978 Relating to the 
                International Convention for the Prevention of 
                Pollution from Ships, 1973, done at London, 
                February 17, 1978, as amended.
                  (D) The Convention on Wetlands of 
                International Importance Especially as 
                Waterfowl Habitat, done at Ramsar, February 2, 
                1971, as amended.
                  (E) The Convention on the Conservation of 
                Antarctic Marine Living Resources, done at 
                Canberra, May 20, 1980.
                  (F) The International Convention for the 
                Regulation of Whaling, done at Washington, 
                December 2, 1946.
                  (G) The Convention for the Establishment of 
                an Inter-American Tropical Tuna Commission, 
                done at Washington, May 31, 1949.
          (3) May 10 agreement of 2007.--The term ``May 10 
        Agreement of 2007'' means the Congressional-Executive 
        accord, described in the Report of the Committee on 
        Ways and Means on the United States-Peru Free Trade 
        Promotion Agreement Implementation Act, Report 110-421 
        (November 5, 2007), which led to several changes to 
        U.S. trade policy as reflected in modifications made to 
        free trade agreements with Peru, Colombia, Panama, and 
        South Korea, concerning provisions relating to labor, 
        environment, access to medicines, investment, 
        government procurement and essential security.
          (4) Glamis gold.--The term ``Glamis Gold'' refers to 
        the investor-state dispute settlement case under the 
        North American Free Trade Agreement referred to as 
        Glamis Gold, Ltd. v. United States (award dispatched to 
        parties on June 8, 2009).
          (5) internationally recognized human rights.--The 
        term ``internationally recognized human rights'' means 
        those rights reflected in the United Nations Universal 
        Declaration of Human Rights, done at Paris, December 
        10, 1948.

                                   Sander M. Levin.

                                  [all]