S.Amdt. 1303

SA 1303. Ms. WARREN submitted an amendment intended to be proposed to
amendment SA 1221 proposed by Mr. Hatch to the bill H.R. 1314, to amend
the Internal Revenue Code of 1986 to provide for a right to an
administrative appeal relating to adverse determinations of tax-exempt
status of certain organizations; which was ordered to lie on the table;
as follows:

Strike section 103 and insert the following:

SEC. 103. TRADE AGREEMENTS AUTHORITY.

(a) Agreements Regarding Tariff Barriers.--
(1) In general.--Whenever the President determines that one
or more existing duties or other import restrictions of any
foreign country or the United States are unduly burdening and
restricting the foreign trade of the United States and that
the purposes, policies, priorities, and objectives of this
Act will be promoted thereby, the President--
(A) may enter into trade agreements with foreign countries
before January 19, 2017; 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 January
19, 2017, 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 January 19, 2017.
Substantial modifications to, or substantial additional
provisions of, a trade agreement entered into after January
19, 2017, 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

[[Page S2987]]

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) 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.
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