S.Amdt. 1370

SA 1370. Mr. MERKLEY (for himself, Mr. Schatz, Ms. Baldwin, and Mr.
Brown) submitted an amendment intended to be proposed to amendment SA
1221 proposed by Mr. Hatch to the

[[Page S3073]]

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:

Beginning on page 44, strike line 4, and all that follows
through page 93, line 2, and insert the following:
(2) Conditions.--A trade agreement may be entered into
under this subsection only if such agreement achieves the
applicable objectives described in subsections (a) and (b) of
section 102 and the President satisfies the conditions set
forth in sections 104 and 105.
(3) Bills qualifying for trade authorities procedures.--(A)
The provisions of section 151 of the Trade Act of 1974 (in
this title referred to as ``trade authorities procedures'')
apply to a bill of either House of Congress which contains
provisions described in subparagraph (B) to the same extent
as such section 151 applies to implementing bills under that
section. A bill to which this paragraph applies shall
hereafter in this title be referred to as an ``implementing
bill''.
(B) The provisions referred to in subparagraph (A) are--
(i) a provision approving a trade agreement entered into
under this subsection and approving the statement of
administrative action, if any, proposed to implement such
trade agreement; and
(ii) if changes in existing laws or new statutory authority
are required to implement such trade agreement or agreements,
only such provisions as are strictly necessary or appropriate
to implement such trade agreement or agreements, either
repealing or amending existing laws or providing new
statutory authority.
(c) Extension Disapproval Process for Congressional Trade
Authorities Procedures.--
(1) In general.--Except as provided in section 106(b)--
(A) the trade authorities procedures apply to implementing
bills submitted with respect to trade agreements entered into
under subsection (b) before July 1, 2018; and
(B) the trade authorities procedures shall be extended to
implementing bills submitted with respect to trade agreements
entered into under subsection (b) after June 30, 2018, and
before July 1, 2021, if (and only if)--
(i) the President requests such extension under paragraph
(2); and
(ii) neither House of Congress adopts an extension
disapproval resolution under paragraph (5) before July 1,
2018.
(2) Report to congress by the president.--If the President
is of the opinion that the trade authorities procedures
should be extended to implementing bills described in
paragraph (1)(B), the President shall submit to Congress, not
later than April 1, 2018, a written report that contains a
request for such extension, together with--
(A) a description of all trade agreements that have been
negotiated under subsection (b) and the anticipated schedule
for submitting such agreements to Congress for approval;
(B) a description of the progress that has been made in
negotiations to achieve the purposes, policies, priorities,
and objectives of this title, and a statement that such
progress justifies the continuation of negotiations; and
(C) a statement of the reasons why the extension is needed
to complete the negotiations.
(3) Other reports to congress.--
(A) Report by the advisory committee.--The President shall
promptly inform the Advisory Committee for Trade Policy and
Negotiations established under section 135 of the Trade Act
of 1974 (19 U.S.C. 2155) of the decision of the President to
submit a report to Congress under paragraph (2). The Advisory
Committee shall submit to Congress as soon as practicable,
but not later than June 1, 2018, a written report that
contains--
(i) its views regarding the progress that has been made in
negotiations to achieve the purposes, policies, priorities,
and objectives of this title; and
(ii) a statement of its views, and the reasons therefor,
regarding whether the extension requested under paragraph (2)
should be approved or disapproved.
(B) Report by international trade commission.--The
President shall promptly inform the United States
International Trade Commission of the decision of the
President to submit a report to Congress under paragraph (2).
The International Trade Commission shall submit to Congress
as soon as practicable, but not later than June 1, 2018, a
written report that contains a review and analysis of the
economic impact on the United States of all trade agreements
implemented between the date of the enactment of this Act and
the date on which the President decides to seek an extension
requested under paragraph (2).
(4) Status of reports.--The reports submitted to Congress
under paragraphs (2) and (3), or any portion of such reports,
may be classified to the extent the President determines
appropriate.
(5) Extension disapproval resolutions.--(A) For purposes of
paragraph (1), the term ``extension disapproval resolution''
means a resolution of either House of Congress, the sole
matter after the resolving clause of which is as follows:
``That the ____ disapproves the request of the President for
the extension, under section 103(c)(1)(B)(i) of the
Bipartisan Congressional Trade Priorities and Accountability
Act of 2015, of the trade authorities procedures under that
Act to any implementing bill submitted with respect to any
trade agreement entered into under section 103(b) of that Act
after June 30, 2018.'', with the blank space being filled
with the name of the resolving House of Congress.
(B) Extension disapproval resolutions--
(i) may be introduced in either House of Congress by any
member of such House; and
(ii) shall be referred, in the House of Representatives, to
the Committee on Ways and Means and, in addition, to the
Committee on Rules.
(C) The provisions of subsections (d) and (e) of section
152 of the Trade Act of 1974 (19 U.S.C. 2192) (relating to
the floor consideration of certain resolutions in the House
and Senate) apply to extension disapproval resolutions.
(D) It is not in order for--
(i) the House of Representatives to consider any extension
disapproval resolution not reported by the Committee on Ways
and Means and, in addition, by the Committee on Rules;
(ii) the Senate to consider any extension disapproval
resolution not reported by the Committee on Finance; or
(iii) either House of Congress to consider an extension
disapproval resolution after June 30, 2018.
(d) Commencement of Negotiations.--In order to contribute
to the continued economic expansion of the United States, the
President shall commence negotiations covering tariff and
nontariff barriers affecting any industry, product, or
service sector, and expand existing sectoral agreements to
countries that are not parties to those agreements, in cases
where the President determines that such negotiations are
feasible and timely and would benefit the United States. Such
sectors include agriculture, commercial services,
intellectual property rights, industrial and capital goods,
government procurement, information technology products,
environmental technology and services, medical equipment and
services, civil aircraft, and infrastructure products. In so
doing, the President shall take into account all of the
negotiating objectives set forth in section 102.

SEC. 104. CONGRESSIONAL OVERSIGHT, CONSULTATIONS, AND ACCESS
TO INFORMATION.

(a) Consultations With Members of Congress.--
(1) Consultations during negotiations.--In the course of
negotiations conducted under this title, the United States
Trade Representative shall--
(A) meet upon request with any Member of Congress regarding
negotiating objectives, the status of negotiations in
progress, and the nature of any changes in the laws of the
United States or the administration of those laws that may be
recommended to Congress to carry out any trade agreement or
any requirement of, amendment to, or recommendation under,
that agreement;
(B) upon request of any Member of Congress, provide access
to pertinent documents relating to the negotiations,
including classified materials;
(C) consult closely and on a timely basis with, and keep
fully apprised of the negotiations, the Committee on Ways and
Means of the House of Representatives and the Committee on
Finance of the Senate;
(D) consult closely and on a timely basis with, and keep
fully apprised of the negotiations, the House Advisory Group
on Negotiations and the Senate Advisory Group on Negotiations
convened under subsection (c) and all committees of the House
of Representatives and the Senate with jurisdiction over laws
that could be affected by a trade agreement resulting from
the negotiations; and
(E) with regard to any negotiations and agreement relating
to agricultural trade, also consult closely and on a timely
basis (including immediately before initialing an agreement)
with, and keep fully apprised of the negotiations, the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate.
(2) Consultations prior to entry into force.--Prior to
exchanging notes providing for the entry into force of a
trade agreement, the United States Trade Representative shall
consult closely and on a timely basis with Members of
Congress and committees as specified in paragraph (1), and
keep them fully apprised of the measures a trading partner
has taken to comply with those provisions of the agreement
that are to take effect on the date that the agreement enters
into force.
(3) Enhanced coordination with congress.--
(A) Written guidelines.--The United States Trade
Representative, in consultation with the chairmen and the
ranking members of the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate, respectively--
(i) shall, not later than 120 days after the date of the
enactment of this Act, develop written guidelines on enhanced
coordination with Congress, including coordination with
designated congressional advisers under subsection (b),
regarding negotiations conducted under this title; and
(ii) may make such revisions to the guidelines as may be
necessary from time to time.
(B) Content of guidelines.--The guidelines developed under
subparagraph (A) shall enhance coordination with Congress
through procedures to ensure--

[[Page S3074]]

(i) timely briefings upon request of any Member of Congress
regarding negotiating objectives, the status of negotiations
in progress conducted under this title, and the nature of any
changes in the laws of the United States or the
administration of those laws that may be recommended to
Congress to carry out any trade agreement or any requirement
of, amendment to, or recommendation under, that agreement;
and
(ii) the sharing of detailed and timely information with
Members of Congress, and their staff with proper security
clearances as appropriate, regarding those negotiations and
pertinent documents related to those negotiations (including
classified information), and with committee staff with proper
security clearances as would be appropriate in the light of
the responsibilities of that committee over the trade
agreements programs affected by those negotiations.
(C) Dissemination.--The United States Trade Representative
shall disseminate the guidelines developed under subparagraph
(A) to all Federal agencies that could have jurisdiction over
laws affected by trade negotiations.
(b) Designated Congressional Advisers.--
(1) Designation.--
(A) House of representatives.--In each Congress, any Member
of the House of Representatives may be designated as a
congressional adviser on trade policy and negotiations by the
Speaker of the House of Representatives, after consulting
with the chairman and ranking member of the Committee on Ways
and Means and the chairman and ranking member of the
committee from which the Member will be selected.
(B) Senate.--In each Congress, any Member of the Senate may
be designated as a congressional adviser on trade policy and
negotiations by the President pro tempore of the Senate,
after consultation with the chairman and ranking member of
the Committee on Finance and the chairman and ranking member
of the committee from which the Member will be selected.
(2) Consultations with designated congressional advisers.--
In the course of negotiations conducted under this title, the
United States Trade Representative shall consult closely and
on a timely basis (including immediately before initialing an
agreement) with, and keep fully apprised of the negotiations,
the congressional advisers for trade policy and negotiations
designated under paragraph (1).
(3) Accreditation.--Each Member of Congress designated as a
congressional adviser under paragraph (1) shall be accredited
by the United States Trade Representative on behalf of the
President as an official adviser to the United States
delegations to international conferences, meetings, and
negotiating sessions relating to trade agreements.
(c) Congressional Advisory Groups on Negotiations.--
(1) In general.--By not later than 60 days after the date
of the enactment of this Act, and not later than 30 days
after the convening of each Congress, the chairman of the
Committee on Ways and Means of the House of Representatives
shall convene the House Advisory Group on Negotiations and
the chairman of the Committee on Finance of the Senate shall
convene the Senate Advisory Group on Negotiations (in this
subsection referred to collectively as the ``congressional
advisory groups'').
(2) Members and functions.--
(A) Membership of the house advisory group on
negotiations.--In each Congress, the House Advisory Group on
Negotiations shall be comprised of the following Members of
the House of Representatives:
(i) The chairman and ranking member of the Committee on
Ways and Means, and 3 additional members of such Committee
(not more than 2 of whom are members of the same political
party).
(ii) The chairman and ranking member, or their designees,
of the committees of the House of Representatives that would
have, under the Rules of the House of Representatives,
jurisdiction over provisions of law affected by a trade
agreement negotiation conducted at any time during that
Congress and to which this title would apply.
(B) Membership of the senate advisory group on
negotiations.--In each Congress, the Senate Advisory Group on
Negotiations shall be comprised of the following Members of
the Senate:
(i) The chairman and ranking member of the Committee on
Finance and 3 additional members of such Committee (not more
than 2 of whom are members of the same political party).
(ii) The chairman and ranking member, or their designees,
of the committees of the Senate that would have, under the
Rules of the Senate, jurisdiction over provisions of law
affected by a trade agreement negotiation conducted at any
time during that Congress and to which this title would
apply.
(C) Accreditation.--Each member of the congressional
advisory groups described in subparagraphs (A)(i) and (B)(i)
shall be accredited by the United States Trade Representative
on behalf of the President as an official adviser to the
United States delegation in negotiations for any trade
agreement to which this title applies. Each member of the
congressional advisory groups described in subparagraphs
(A)(ii) and (B)(ii) shall be accredited by the United States
Trade Representative on behalf of the President as an
official adviser to the United States delegation in the
negotiations by reason of which the member is in one of the
congressional advisory groups.
(D) Consultation and advice.--The congressional advisory
groups shall consult with and provide advice to the Trade
Representative regarding the formulation of specific
objectives, negotiating strategies and positions, the
development of the applicable trade agreement, and compliance
and enforcement of the negotiated commitments under the trade
agreement.
(E) Chair.--The House Advisory Group on Negotiations shall
be chaired by the Chairman of the Committee on Ways and Means
of the House of Representatives and the Senate Advisory Group
on Negotiations shall be chaired by the Chairman of the
Committee on Finance of the Senate.
(F) Coordination with other committees.--Members of any
committee represented on one of the congressional advisory
groups may submit comments to the member of the appropriate
congressional advisory group from that committee regarding
any matter related to a negotiation for any trade agreement
to which this title applies.
(3) Guidelines.--
(A) Purpose and revision.--The United States Trade
Representative, in consultation with the chairmen and the
ranking members of the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate, respectively--
(i) shall, not later than 120 days after the date of the
enactment of this Act, develop written guidelines to
facilitate the useful and timely exchange of information
between the Trade Representative and the congressional
advisory groups; and
(ii) may make such revisions to the guidelines as may be
necessary from time to time.
(B) Content.--The guidelines developed under subparagraph
(A) shall provide for, among other things--
(i) detailed briefings on a fixed timetable to be specified
in the guidelines of the congressional advisory groups
regarding negotiating objectives and positions and the status
of the applicable negotiations, beginning as soon as
practicable after the congressional advisory groups are
convened, with more frequent briefings as trade negotiations
enter the final stage;
(ii) access by members of the congressional advisory
groups, and staff with proper security clearances, to
pertinent documents relating to the negotiations, including
classified materials;
(iii) the closest practicable coordination between the
Trade Representative and the congressional advisory groups at
all critical periods during the negotiations, including at
negotiation sites;
(iv) after the applicable trade agreement is concluded,
consultation regarding ongoing compliance and enforcement of
negotiated commitments under the trade agreement; and
(v) the timeframe for submitting the report required under
section 105(d)(3).
(4) Request for meeting.--Upon the request of a majority of
either of the congressional advisory groups, the President
shall meet with that congressional advisory group before
initiating negotiations with respect to a trade agreement, or
at any other time concerning the negotiations.
(d) Consultations With the Public.--
(1) Guidelines for public engagement.--The United States
Trade Representative, in consultation with the chairmen and
the ranking members of the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate, respectively--
(A) shall, not later than 120 days after the date of the
enactment of this Act, develop written guidelines on public
access to information regarding negotiations conducted under
this title; and
(B) may make such revisions to the guidelines as may be
necessary from time to time.
(2) Purposes.--The guidelines developed under paragraph (1)
shall--
(A) facilitate transparency;
(B) encourage public participation; and
(C) promote collaboration in the negotiation process.
(3) Content.--The guidelines developed under paragraph (1)
shall include procedures that--
(A) provide for rapid disclosure of information in forms
that the public can readily find and use; and
(B) provide frequent opportunities for public input through
Federal Register requests for comment and other means.
(4) Dissemination.--The United States Trade Representative
shall disseminate the guidelines developed under paragraph
(1) to all Federal agencies that could have jurisdiction over
laws affected by trade negotiations.
(e) Consultations With Advisory Committees.--
(1) Guidelines for engagement with advisory committees.--
The United States Trade Representative, in consultation with
the chairmen and the ranking members of the Committee on Ways
and Means of the House of Representatives and the Committee
on Finance of the Senate, respectively--
(A) shall, not later than 120 days after the date of the
enactment of this Act, develop written guidelines on enhanced
coordination with advisory committees established pursuant to
section 135 of the Trade Act of 1974 (19 U.S.C. 2155)
regarding negotiations conducted under this title; and
(B) may make such revisions to the guidelines as may be
necessary from time to time.

[[Page S3075]]

(2) Content.--The guidelines developed under paragraph (1)
shall enhance coordination with advisory committees described
in that paragraph through procedures to ensure--
(A) timely briefings of advisory committees and regular
opportunities for advisory committees to provide input
throughout the negotiation process on matters relevant to the
sectors or functional areas represented by those committees;
and
(B) the sharing of detailed and timely information with
each member of an advisory committee regarding negotiations
and pertinent documents related to the negotiation (including
classified information) on matters relevant to the sectors or
functional areas the member represents, and with a designee
with proper security clearances of each such member as
appropriate.
(3) Dissemination.--The United States Trade Representative
shall disseminate the guidelines developed under paragraph
(1) to all Federal agencies that could have jurisdiction over
laws affected by trade negotiations.
(f) Establishment of Position of Chief Transparency Officer
in the Office of the United States Trade Representative.--
Section 141(b) of the Trade Act of 1974 (19 U.S.C. 2171(b))
is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) There shall be in the Office one Chief Transparency
Officer. The Chief Transparency Officer shall consult with
Congress on transparency policy, coordinate transparency in
trade negotiations, engage and assist the public, and advise
the United States Trade Representative on transparency
policy.''.

SEC. 105. NOTICE, CONSULTATIONS, AND REPORTS.

(a) Notice, Consultations, and Reports Before
Negotiation.--
(1) Notice.--The President, with respect to any agreement
that is subject to the provisions of section 103(b), shall--
(A) provide, at least 90 calendar days before initiating
negotiations with a country, written notice to Congress of
the President's intention to enter into the negotiations with
that country and set forth in the notice the date on which
the President intends to initiate those negotiations, the
specific United States objectives for the negotiations with
that country, and whether the President intends to seek an
agreement, or changes to an existing agreement;
(B) before and after submission of the notice, consult
regarding the negotiations with the Committee on Ways and
Means of the House of Representatives and the Committee on
Finance of the Senate, such other committees of the House and
Senate as the President deems appropriate, and the House
Advisory Group on Negotiations and the Senate Advisory Group
on Negotiations convened under section 104(c);
(C) upon the request of a majority of the members of either
the House Advisory Group on Negotiations or the Senate
Advisory Group on Negotiations convened under section 104(c),
meet with the requesting congressional advisory group before
initiating the negotiations or at any other time concerning
the negotiations; and
(D) after consulting with the Committee on Ways and Means
and the Committee on Finance, and at least 30 calendar days
before initiating negotiations with a country, publish on a
publicly available Internet website of the Office of the
United States Trade Representative, and regularly update
thereafter, a detailed and comprehensive summary of the
specific objectives with respect to the negotiations, and a
description of how the agreement, if successfully concluded,
will further those objectives and benefit the United States.
(2) Negotiations regarding agriculture.--
(A) Assessment and consultations following assessment.--
Before initiating or continuing negotiations the subject
matter of which is directly related to the subject matter
under section 102(b)(3)(B) with any country, the President
shall--
(i) assess whether United States tariffs on agricultural
products that were bound under the Uruguay Round Agreements
are lower than the tariffs bound by that country;
(ii) consider whether the tariff levels bound and applied
throughout the world with respect to imports from the United
States are higher than United States tariffs and whether the
negotiation provides an opportunity to address any such
disparity; and
(iii) consult with the Committee on Ways and Means and the
Committee on Agriculture of the House of Representatives and
the Committee on Finance and the Committee on Agriculture,
Nutrition, and Forestry of the Senate concerning the results
of the assessment, whether it is appropriate for the United
States to agree to further tariff reductions based on the
conclusions reached in the assessment, and how all applicable
negotiating objectives will be met.
(B) Special consultations on import sensitive products.--
(i) Before initiating negotiations with regard to agriculture
and, with respect to agreements described in paragraphs (2)
and (3) of section 107(a), as soon as practicable after the
date of the enactment of this Act, the United States Trade
Representative shall--
(I) identify those agricultural products subject to tariff
rate quotas on the date of enactment of this Act, and
agricultural products subject to tariff reductions by the
United States as a result of the Uruguay Round Agreements,
for which the rate of duty was reduced on January 1, 1995, to
a rate which was not less than 97.5 percent of the rate of
duty that applied to such article on December 31, 1994;
(II) consult with the Committee on Ways and Means and the
Committee on Agriculture of the House of Representatives and
the Committee on Finance and the Committee on Agriculture,
Nutrition, and Forestry of the Senate concerning--

(aa) whether any further tariff reductions on the products
identified under subclause (I) should be appropriate, taking
into account the impact of any such tariff reduction on the
United States industry producing the product concerned;
(bb) whether the products so identified face unjustified
sanitary or phytosanitary restrictions, including those not
based on scientific principles in contravention of the
Uruguay Round Agreements; and
(cc) whether the countries participating in the
negotiations maintain export subsidies or other programs,
policies, or practices that distort world trade in such
products and the impact of such programs, policies, and
practices on United States producers of the products;

(III) request that the International Trade Commission
prepare an assessment of the probable economic effects of any
such tariff reduction on the United States industry producing
the product concerned and on the United States economy as a
whole; and
(IV) upon complying with subclauses (I), (II), and (III),
notify the Committee on Ways and Means and the Committee on
Agriculture of the House of Representatives and the Committee
on Finance and the Committee on Agriculture, Nutrition, and
Forestry of the Senate of those products identified under
subclause (I) for which the Trade Representative intends to
seek tariff liberalization in the negotiations and the
reasons for seeking such tariff liberalization.
(ii) If, after negotiations described in clause (i) are
commenced--
(I) the United States Trade Representative identifies any
additional agricultural product described in clause (i)(I)
for tariff reductions which were not the subject of a
notification under clause (i)(IV), or
(II) any additional agricultural product described in
clause (i)(I) is the subject of a request for tariff
reductions by a party to the negotiations,

the Trade Representative shall, as soon as practicable,
notify the committees referred to in clause (i)(IV) of those
products and the reasons for seeking such tariff reductions.
(3) Negotiations regarding the fishing industry.--Before
initiating, or continuing, negotiations that directly relate
to fish or shellfish trade with any country, the President
shall consult with the Committee on Ways and Means and the
Committee on Natural Resources of the House of
Representatives, and the Committee on Finance and the
Committee on Commerce, Science, and Transportation of the
Senate, and shall keep the Committees apprised of the
negotiations on an ongoing and timely basis.
(4) Negotiations regarding textiles.--Before initiating or
continuing negotiations the subject matter of which is
directly related to textiles and apparel products with any
country, the President shall--
(A) assess whether United States tariffs on textile and
apparel products that were bound under the Uruguay Round
Agreements are lower than the tariffs bound by that country
and whether the negotiation provides an opportunity to
address any such disparity; and
(B) consult with the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate concerning the results of the assessment, whether it
is appropriate for the United States to agree to further
tariff reductions based on the conclusions reached in the
assessment, and how all applicable negotiating objectives
will be met.
(5) Adherence to existing international trade and
investment agreement obligations.--In determining whether to
enter into negotiations with a particular country, the
President shall take into account the extent to which that
country has implemented, or has accelerated the
implementation of, its international trade and investment
commitments to the United States, including pursuant to the
WTO Agreement.
(b) Consultation With Congress Before Entry Into
Agreement.--
(1) Consultation.--Before entering into any trade agreement
under section 103(b), the President shall consult with--
(A) the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate;
(B) each other committee of the House and the Senate, and
each joint committee of Congress, which has jurisdiction over
legislation involving subject matters which would be affected
by the trade agreement; and
(C) the House Advisory Group on Negotiations and the Senate
Advisory Group on Negotiations convened under section 104(c).
(2) Scope.--The consultation described in paragraph (1)
shall include consultation with respect to--
(A) the nature of the agreement;
(B) how and to what extent the agreement will achieve the
applicable purposes, policies, priorities, and objectives of
this title; and
(C) the implementation of the agreement under section 106,
including the general effect of the agreement on existing
laws.

[[Page S3076]]

(3) Report regarding united states trade remedy laws.--
(A) Changes in certain trade laws.--The President, not less
than 180 calendar days before the day on which the President
enters into a trade agreement under section 103(b), shall
report to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate--
(i) the range of proposals advanced in the negotiations
with respect to that agreement, that may be in the final
agreement, and that could require amendments to title VII of
the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) or to chapter
1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et
seq.); and
(ii) how these proposals relate to the objectives described
in section 102(b)(16).
(B) Resolutions.--(i) At any time after the transmission of
the report under subparagraph (A), if a resolution is
introduced with respect to that report in either House of
Congress, the procedures set forth in clauses (iii) through
(vii) shall apply to that resolution if--
(I) no other resolution with respect to that report has
previously been reported in that House of Congress by the
Committee on Ways and Means or the Committee on Finance, as
the case may be, pursuant to those procedures; and
(II) no procedural disapproval resolution under section
106(b) introduced with respect to a trade agreement entered
into pursuant to the negotiations to which the report under
subparagraph (A) relates has previously been reported in that
House of Congress by the Committee on Ways and Means or the
Committee on Finance, as the case may be.
(ii) For purposes of this subparagraph, the term
``resolution'' means only a resolution of either House of
Congress, the matter after the resolving clause of which is
as follows: ``That the ____ finds that the proposed changes
to United States trade remedy laws contained in the report of
the President transmitted to Congress on ____ under section
105(b)(3) of the Bipartisan Congressional Trade Priorities
and Accountability Act of 2015 with respect to ____, are
inconsistent with the negotiating objectives described in
section 102(b)(16) of that Act.'', with the first blank space
being filled with the name of the resolving House of
Congress, the second blank space being filled with the
appropriate date of the report, and the third blank space
being filled with the name of the country or countries
involved.
(iii) Resolutions in the House of Representatives--
(I) may be introduced by any Member of the House;
(II) shall be referred to the Committee on Ways and Means
and, in addition, to the Committee on Rules; and
(III) may not be amended by either Committee.
(iv) Resolutions in the Senate--
(I) may be introduced by any Member of the Senate;
(II) shall be referred to the Committee on Finance; and
(III) may not be amended.
(v) It is not in order for the House of Representatives to
consider any resolution that is not reported by the Committee
on Ways and Means and, in addition, by the Committee on
Rules.
(vi) It is not in order for the Senate to consider any
resolution that is not reported by the Committee on Finance.
(vii) The provisions of subsections (d) and (e) of section
152 of the Trade Act of 1974 (19 U.S.C. 2192) (relating to
floor consideration of certain resolutions in the House and
Senate) shall apply to resolutions.
(4) Advisory committee reports.--The report required under
section 135(e)(1) of the Trade Act of 1974 (19 U.S.C.
2155(e)(1)) regarding any trade agreement entered into under
subsection (a) or (b) of section 103 shall be provided to the
President, Congress, and the United States Trade
Representative not later than 30 days after the date on which
the President notifies Congress under section 103(a)(2) or
106(a)(1)(A) of the intention of the President to enter into
the agreement.
(c) International Trade Commission Assessment.--
(1) Submission of information to commission.--The
President, not later than 90 calendar days before the day on
which the President enters into a trade agreement under
section 103(b), shall provide the International Trade
Commission (referred to in this subsection as the
``Commission'') with the details of the agreement as it
exists at that time and request the Commission to prepare and
submit an assessment of the agreement as described in
paragraph (2). Between the time the President makes the
request under this paragraph and the time the Commission
submits the assessment, the President shall keep the
Commission current with respect to the details of the
agreement.
(2) Assessment.--Not later than 105 calendar days after the
President enters into a trade agreement under section 103(b),
the Commission shall submit to the President and Congress a
report assessing the likely impact of the agreement on the
United States economy as a whole and on specific industry
sectors, including the impact the agreement will have on the
gross domestic product, exports and imports, aggregate
employment and employment opportunities, the production,
employment, and competitive position of industries likely to
be significantly affected by the agreement, and the interests
of United States consumers.
(3) Review of empirical literature.--In preparing the
assessment under paragraph (2), the Commission shall review
available economic assessments regarding the agreement,
including literature regarding any substantially equivalent
proposed agreement, and shall provide in its assessment a
description of the analyses used and conclusions drawn in
such literature, and a discussion of areas of consensus and
divergence between the various analyses and conclusions,
including those of the Commission regarding the agreement.
(4) Public availability.--The President shall make each
assessment under paragraph (2) available to the public.
(d) Reports Submitted to Committees With Agreement.--
(1) Environmental reviews and reports.--The President
shall--
(A) conduct environmental reviews of future trade and
investment agreements, consistent with Executive Order 13141
(64 Fed. Reg. 63169), dated November 16, 1999, and its
relevant guidelines; and
(B) submit a report on those reviews and on the content and
operation of consultative mechanisms established pursuant to
section 102(c) to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate at the time the President submits to Congress a copy
of the final legal text of an agreement pursuant to section
106(a)(1)(E).
(2) Employment impact reviews and reports.--The President
shall--
(A) review the impact of future trade agreements on United
States employment, including labor markets, modeled after
Executive Order 13141 (64 Fed. Reg. 63169) to the extent
appropriate in establishing procedures and criteria; and
(B) submit a report on such reviews to the Committee on
Ways and Means of the House of Representatives and the
Committee on Finance of the Senate at the time the President
submits to Congress a copy of the final legal text of an
agreement pursuant to section 106(a)(1)(E).
(3) Report on labor rights.--The President shall submit to
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate,
on a timeframe determined in accordance with section
104(c)(3)(B)(v)--
(A) a meaningful labor rights report of the country, or
countries, with respect to which the President is
negotiating; and
(B) a description of any provisions that would require
changes to the labor laws and labor practices of the United
States.
(4) Public availability.--The President shall make all
reports required under this subsection available to the
public.
(e) Implementation and Enforcement Plan.--
(1) In general.--At the time the President submits to
Congress a copy of the final legal text of an agreement
pursuant to section 106(a)(1)(E), the President shall also
submit to Congress a plan for implementing and enforcing the
agreement.
(2) Elements.--The implementation and enforcement plan
required by paragraph (1) shall include the following:
(A) Border personnel requirements.--A description of
additional personnel required at border entry points,
including a list of additional customs and agricultural
inspectors.
(B) Agency staffing requirements.--A description of
additional personnel required by Federal agencies responsible
for monitoring and implementing the trade agreement,
including personnel required by the Office of the United
States Trade Representative, the Department of Commerce, the
Department of Agriculture (including additional personnel
required to implement sanitary and phytosanitary measures in
order to obtain market access for United States exports), the
Department of Homeland Security, the Department of the
Treasury, and such other agencies as may be necessary.
(C) Customs infrastructure requirements.--A description of
the additional equipment and facilities needed by U.S.
Customs and Border Protection.
(D) Impact on state and local governments.--A description
of the impact the trade agreement will have on State and
local governments as a result of increases in trade.
(E) Cost analysis.--An analysis of the costs associated
with each of the items listed in subparagraphs (A) through
(D).
(3) Budget submission.--The President shall include a
request for the resources necessary to support the plan
required by paragraph (1) in the first budget of the
President submitted to Congress under section 1105(a) of
title 31, United States Code, after the date of the
submission of the plan.
(4) Public availability.--The President shall make the plan
required under this subsection available to the public.
(f) Other Reports.--
(1) Report on penalties.--Not later than one year after the
imposition by the United States of a penalty or remedy
permitted by a trade agreement to which this title applies,
the President shall submit to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance
of the Senate a report on the effectiveness of the penalty or
remedy applied under United States law in enforcing United
States rights under the trade agreement, which shall address
whether the penalty or remedy was effective in changing the
behavior of the targeted party and whether the penalty or
remedy had any adverse impact on parties or interests not
party to the dispute.

[[Page S3077]]

(2) Report on impact of trade promotion authority.--Not
later than one year after the date of the enactment of this
Act, and not later than 5 years thereafter, the United States
International Trade Commission shall submit to the Committee
on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report on the economic
impact on the United States of all trade agreements with
respect to which Congress has enacted an implementing bill
under trade authorities procedures since January 1, 1984.
(3) Enforcement consultations and reports.--(A) The United
States Trade Representative shall consult with the Committee
on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate after acceptance of a
petition for review or taking an enforcement action in regard
to an obligation under a trade agreement, including a labor
or environmental obligation. During such consultations, the
United States Trade Representative shall describe the matter,
including the basis for such action and the application of
any relevant legal obligations.
(B) As part of the report required pursuant to section 163
of the Trade Act of 1974 (19 U.S.C. 2213), the President
shall report annually to Congress on enforcement actions
taken pursuant to a trade agreement to which the United
States is a party, as well as on any public reports issued by
Federal agencies on enforcement matters relating to a trade
agreement.
(g) Additional Coordination With Members.--Any Member of
the House of Representatives may submit to the Committee on
Ways and Means of the House of Representatives and any Member
of the Senate may submit to the Committee on Finance of the
Senate the views of that Member on any matter relevant to a
proposed trade agreement, and the relevant Committee shall
receive those views for consideration.

SEC. 106. IMPLEMENTATION OF TRADE AGREEMENTS.

(a) In General.--
(1) Notification and submission.--Any agreement entered
into under section 103(b) shall enter into force with respect
to the United States if (and only if)--
(A) the President, at least 90 calendar days before the day
on which the President enters into the trade agreement,
notifies the House of Representatives and the Senate of the
President's intention to enter into the agreement, and
promptly thereafter publishes notice of such intention in the
Federal Register;
(B) the President, at least 60 days before the day on which
the President enters into the agreement, publishes the text
of the agreement on a publicly available Internet website of
the Office of the United States Trade Representative;
(C) within 60 days after entering into the agreement, the
President submits to Congress a description of those changes
to existing laws that the President considers would be
required in order to bring the United States into compliance
with the agreement;
(D) the President, at least 30 days before submitting to
Congress the materials under subparagraph (E), submits to
Congress--
(i) a draft statement of any administrative action proposed
to implement the agreement; and
(ii) a copy of the final legal text of the agreement;
(E) after entering into the agreement, the President
submits to Congress, on a day on which both Houses of
Congress are in session, a copy of the final legal text of
the agreement, together with--
(i) a draft of an implementing bill described in section
103(b)(3);
(ii) a statement of any administrative action proposed to
implement the trade agreement; and
(iii) the supporting information described in paragraph
(2)(A);
(F) the implementing bill is enacted into law; and
(G) the President, not later than 30 days before the date
on which the agreement enters into force with respect to a
party to the agreement, submits written notice to Congress
that the President has determined that the party has taken
measures necessary to comply with those provisions of the
agreement that are to take effect on the date on which the
agreement enters into force.
(2) Supporting information.--
(A) In general.--The supporting information required under
paragraph (1)(E)(iii) consists of--
(i) an explanation as to how the implementing bill and
proposed administrative action will change or affect existing
law; and
(ii) a statement--

(I) asserting that the agreement achieves the applicable
purposes, policies, priorities, and objectives of this title;
and
(II) setting forth the reasons of the President regarding--

(aa) how the agreement achieves the applicable purposes,
policies, and objectives referred to in subclause (I);
(bb) whether and how the agreement changes provisions of an
agreement previously negotiated;
(cc) how the agreement serves the interests of United
States commerce; and
(dd) how the implementing bill meets the standards set
forth in section 103(b)(3).
(B) Public availability.--The President shall make the
supporting information described in subparagraph (A)
available to the public.
(3) Reciprocal benefits.--In order to ensure that a foreign
country that is not a party to a trade agreement entered into
under section 103(b) does not receive benefits under the
agreement unless the country is also subject to the
obligations under the agreement, the implementing bill
submitted with respect to the agreement shall provide that
the benefits and obligations under the agreement apply only
to the parties to the agreement, if such application is
consistent with the terms of the agreement. The implementing
bill may also provide that the benefits and obligations under
the agreement do not apply uniformly to all parties to the
agreement, if such application is consistent with the terms
of the agreement.
(4) Disclosure of commitments.--Any agreement or other
understanding with a foreign government or governments
(whether oral or in writing) that--
(A) relates to a trade agreement with respect to which
Congress enacts an implementing bill under trade authorities
procedures; and
(B) is not disclosed to Congress before an implementing
bill with respect to that agreement is introduced in either
House of Congress,
shall not be considered to be part of the agreement approved
by Congress and shall have no force and effect under United
States law or in any dispute settlement body.
(b) Limitations on Trade Authorities Procedures.--
(1) For lack of notice or consultations.--
(A) In general.--The trade authorities procedures shall not
apply to any implementing bill submitted with respect to a
trade agreement or trade agreements entered into under
section 103(b) if during the 60-day period beginning on the
date that one House of Congress agrees to a procedural
disapproval resolution for lack of notice or consultations
with respect to such trade agreement or agreements, the other
House separately agrees to a procedural disapproval
resolution with respect to such trade agreement or
agreements.
(B) Procedural disapproval resolution.--(i) For purposes of
this paragraph, the term ``procedural disapproval
resolution'' means a resolution of either House of Congress,
the sole matter after the resolving clause of which is as
follows: ``That the President has failed or refused to notify
or consult in accordance with the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015 on
negotiations with respect to ________