[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1446 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1446
To provide trade negotiating authority.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 4, 2001
Mr. English introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committee on Rules,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To provide trade negotiating authority.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Standard Trade Negotiating Authority
Act of 2001''.
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 that
decrease market opportunities for United States exports or
otherwise distort United States trade;
(3) to further strengthen the system of international
trading disciplines and procedures, including dispute
settlement;
(4) to foster economic growth, raise living standards, and
promote full employment in the United States and to enhance the
global economy; and
(5) to ensure that domestic producers have access to a full
range of appropriate legal remedies against unfair trade
practices, including adequate and accessible antidumping and
antisurge protections.
(b) Principal Trade Negotiating Objectives.--
(1) Trade barriers and distortions.--The principal
negotiating objectives of the United States regarding trade
barriers and other trade distortions are--
(A) to expand competitive market opportunities for
United States exports and to obtain fairer and more
open conditions of trade 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, with particular
attention 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.--The principal negotiating objective
of the United States regarding trade in services is to reduce
or eliminate barriers to international trade in services,
including regulatory and other barriers that deny national
treatment or unreasonably restrict the establishment or
operations of service suppliers.
(3) Foreign investment.--The principal negotiating
objective of the United States regarding foreign investment is
to reduce or eliminate artificial or trade-distorting barriers
to trade-related foreign investment 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 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; and
(E) providing meaningful procedures for resolving
investment disputes.
(4) 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
United States industries whose products are
subject to the lengthiest transition periods
for full compliance by developing countries
with that Agreement, and
(II) ensuring that the provisions of any
multilateral or bilateral trade agreement
entered into by the United States provide
protection at least as strong as the protection
afforded by chapter 17 of the North American
Free Trade Agreement and the annexes thereto;
(ii) providing strong protection for new
and emerging technologies and new methods of
transmitting and distributing products
embodying intellectual property;
(iii) preventing or eliminating
discrimination with respect to matters
affecting the availability, acquisition, scope,
maintenance, use, and enforcement of
intellectual property rights; and
(iv) providing strong enforcement of
intellectual property rights, including through
accessible, expeditious, and effective civil,
administrative, and criminal enforcement
mechanisms; and
(B) to secure fair, equitable, and
nondiscriminatory market access opportunities for
United States persons that rely upon intellectual
property protection.
(5) Transparency.--The principal negotiating objective of
the United States with respect to transparency is to obtain
broader application of the principle of transparency through--
(A) increased and more timely public access to
information regarding trade issues and the activities
of international trade institutions; and
(B) increased openness of dispute settlement
proceedings, including under the World Trade
Organization.
(6) Reciprocal trade in agriculture.--(A) 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 and
value-added commodities by--
(i) 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 the
Congress on such products before initiating
tariff reduction negotiations;
(ii) reducing or eliminating subsidies that
decrease market opportunities for United States exports
or unfairly distort agriculture markets to the
detriment of the United States;
(iii) developing, strengthening, and clarifying
rules and effective dispute settlement mechanisms to
eliminate practices that unfairly decrease United
States market access opportunities or distort
agricultural markets to the detriment of the United
States, particularly with respect to import-sensitive
products, 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;
(II) unjustified trade restrictions or
commercial requirements affecting new
technologies, including biotechnology;
(III) unjustified sanitary or phytosanitary
restrictions, including those not based on
scientific principles in contravention of the
Uruguay Round Agreements;
(IV) other unjustified technical barriers
to trade; and
(V) restrictive rules in the administration
of tariff rate quotas;
(iv) improving import relief mechanisms to
recognize the unique characteristics of perishable
agriculture;
(v) 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;
(vi) 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;
(vii) otherwise ensuring that countries that accede
to the World Trade Organization have made meaningful
market liberalization commitments in agriculture; and
(viii) taking into account the impact that
agreements covering agriculture to which the United
States is a party, including the North American Free
Trade Agreement, have on the United States agricultural
industry.
(B)(i) Before commencing negotiations with respect to
agriculture, the United States Trade Representative, in
consultation with the Congress, shall seek to develop a
position on the treatment of seasonal and perishable
agricultural products to be employed in the negotiations in
order 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.
(ii) The negotiating objective provided in subparagraph (A)
applies with respect to agricultural matters to be addressed in
any trade agreement entered into under section 3 (a) or (b),
including any trade agreement entered into under section 3 (a)
or (b) that provides for accession to a trade agreement to
which the United States is already a party, such as the North
American Free Trade Agreement and the United States-Canada Free
Trade Agreement.
(7) Labor, the environment, and other matters.--The
principal negotiating objective of the United States regarding
labor, the environment, and other matters is to address the
following aspects of foreign government policies and practices
regarding labor, the environment, and other matters that are
directly related to trade:
(A) To ensure that foreign labor, environmental,
health, or safety policies and practices do not
arbitrarily or unjustifiably discriminate or serve as disguised
barriers to trade.
(B) To ensure that foreign governments do not
derogate from or waive existing domestic environmental,
health, safety, or labor measures, including measures
that deter exploitative child labor, as an
encouragement to gain competitive advantage in
international trade or investment. Nothing in this
subparagraph is intended to address changes to a
country's laws that are consistent with sound
macroeconomic development. Nothing in this subparagraph
shall be construed to authorize inclusion in an
implementing bill under this Act or in an agreement
subject to an implementing bill under this Act
provisions that would restrict the autonomy of the
United States in these areas.
(8) WTO extended negotiations.--The principal negotiating
objectives of the United States regarding trade in financial
services are those set forth in section 135(a) of the Uruguay
Round Agreements Act (19 U.S.C. 3555(a)), regarding trade in
civil aircraft are those set forth in section 135(c) of that
Act, and regarding rules of origin are the conclusion of an
agreement described in section 132 of that Act (19 U.S.C.
3552).
(c) International Economic Policy Objectives.--
(1) In general.--The President should take into account the
relationship between trade agreements and other important
priorities of the United States and seek to ensure that the
trade agreements entered into by the United States complement
and reinforce other policy goals. The United States priorities
in this area include--
(A) seeking to ensure that trade and environmental
policies are mutually supportive;
(B) seeking to protect and preserve the environment
and enhance the international means for doing so, while
optimizing the use of the world's resources;
(C) promoting respect for worker rights and the
rights of children and an understanding of the
relationship between trade and worker rights,
particularly by working with the International Labor
Organization to encourage the observance and
enforcement of core labor standards, including the
prohibition on exploitative child labor; and
(D) supplementing and strengthening standards for
protection of intellectual property under conventions
administered by international organizations other than
the World Trade Organization, expanding these
conventions to cover new and emerging technologies, and
eliminating discrimination and unreasonable exceptions
or preconditions to such protection.
(2) Applicability of trade promotion procedures.--Nothing
in this subsection shall be construed to authorize the use of
the trade promotion procedures described in section 3 to modify
United States law.
(d) Guidance for Negotiators.--
(1) Domestic objectives.--In pursuing the negotiating
objectives described in subsection (b), the negotiators on
behalf of the United States shall take into account United
States domestic objectives, including the protection of health
and safety, essential security, environmental, consumer, and
employment opportunity interests, and the law and regulations
related thereto.
(2) Consultations with congressional advisers and
enforcement of the trade laws.--In the course of negotiations
conducted under this Act, the United States Trade
Representative shall--
(A) consult closely and on a timely basis with, and
keep fully apprised of the negotiations, the
Congressional Oversight Group appointed under section 7
with respect to the negotiations; and
(B) preserve the ability of the United States to
enforce rigorously its trade laws, including the
antidumping and countervailing duty laws, and avoid
agreements which lessen the effectiveness of domestic
and international disciplines on unfair trade,
especially dumping and subsidies, 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.
(3) Consultation before agreement initialed.--In the course
of negotiations conducted under this Act, the United States
Trade Representative shall--
(A) 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 appointed under section 161 of the Trade
Act of 1974 (19 U.S.C. 2211), the Committee on Ways and
Means of the House of Representatives, and the
Committee on Finance of the Senate; and
(B) 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.
(e) Adherence to Obligations Under Uruguay Round Agreements.--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
obligations under the Uruguay Round Agreements.
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, and objectives of this Act will be promoted
thereby, the President--
(A) may enter into trade agreements with foreign
countries, 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.
The President shall notify the Congress of the President's
intention to enter into an agreement under this subsection.
(2) 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) notwithstanding any other provision of this
Act, reduces the rate of duty below that applicable
under the Uruguay Round Agreements, on any agricultural
product which was the subject of tariff reductions by
the United States as a result of the Uruguay Round
Agreements, for which the rate of duty, pursuant to
such Agreements, 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; or
(C) increases any rate of duty above the rate that
applied on January 1, 2001.
(3) 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 one-tenth 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.
(4) Rounding.--If the President determines that such action
will simplify the computation of reductions under paragraph
(3), 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) one-half of 1 percent ad valorem.
(5) Other limitations.--A rate of duty reduction that may
not be proclaimed by reason of paragraph (2) may take effect
only if a provision authorizing such reduction is included
within an implementing bill provided for under section 5 and
that bill is enacted into law.
(6) Other tariff modifications.--Notwithstanding paragraphs
(1)(B) and (2) through (5), and subject to the consultation and
layover requirements of section 115 of the Uruguay Round
Agreements Act, 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, 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 or as part of an interim agreement leading to the
formation of a regional free-trade area.
(7) 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) one 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, and objectives of this Act
will be promoted thereby, the President may, subject to section
4, enter into a trade agreement described in subparagraph (B).
(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.
(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 section 2 and
the President satisfies the conditions set forth in sections 4
and 5.
(c) Commencement of Negotiations.--In order to contribute to the
continued economic expansion of the United States, the President shall,
subject to section 4, commence negotiations covering tariff and
nontariff barriers affecting any industry, product, or service sector,
including negotiations to protect against monopolies and similar
restraints on trade, and to 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.
SEC. 4. PRIOR AUTHORIZATION, CONSULTATIONS, AND ASSESSMENT.
(a) Prior Authorization for Specific Agreements.--
(1) Notification of commission.--Except in the case of
negotiations with respect to a trade agreement entered into
under the auspices of the World Trade Organization, the
President, at least 180 calendar days before negotiations are
proposed to be initiated with respect to a trade agreement
under section 3(b), shall notify the Commission on Labor and
the Environment established under section 9 of the country or
countries with which the negotiations are proposed to be
conducted.
(2) Report of the commission.--The Commission on Labor and
the Environment--
(A) shall--
(i) assess those laws of the country or
countries referred to in paragraph (1) that
relate to worker rights and protection of the
environment;
(ii) assess the enforcement of those laws
by local authorities in the country or
countries; and
(iii) make any recommendations on
modifications to those laws that should be
pursued in the negotiations in order to achieve
the negotiating objectives set forth in section
2(b)(7); and
(B) not later than 90 calendar days after receiving
the President's notice under paragraph (1), submit to
the President and the Congress a report on the
Commission's assessments and recommendations under
subparagraph (A).
(3) Authorizing legislation.--The President may enter into
the negotiations with respect to a trade agreement to which
paragraph (1) applies if and only if--
(A) after the submission of the Commission's report
on the negotiations under paragraph (2), the President
submits to the Congress the draft of a preauthorization
bill consisting only of--
(i) a provision authorizing the
negotiations;
(ii) a provision specifying the country or
countries with which the negotiations will be
conducted;
(iii) provisions specifying the negotiating
objectives to be sought in the negotiations,
taking into account the report of the
Commission submitted with respect to the
negotiations; and
(iv) a provision stating the date by which
the trade agreement will be concluded; and
(B) the preauthorization bill is enacted into law.
(4) Applicability of trade promotion procedures.--The
provisions of section 151 of the Trade Act of 1974 (in this Act
referred to as ``trade promotion procedures'') apply to a
preauthorization bill of either House of Congress described in
paragraph (23)(A).
(5) Extension disapproval process for congressional trade
promotion procedures.--
(A) Report to congress by the president.--If the
President is of the opinion that the date specified in
a preauthorization bill under paragraph (3) for
conclusion of a trade agreement should be extended, the
President shall submit to the Congress, not later than
____ days before the date specified in the
preauthorization bill, a written report that contains a
request for such extension, together with--
(i) a description of the trade agreement
being negotiated and the date by which
negotiations to conclude such agreement will be
completed;
(ii) a description of the progress that has
been made in negotiations to achieve the
purposes, policies, and objectives of this Act,
and a statement that such progress justifies
the continuation of negotiations; and
(iii) a statement of the reasons why the
extension is needed to complete the
negotiations.
(B) Report to congress 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 President's decision to submit a report to the Congress
under subparagraph (A). The Advisory Committee shall submit to the
Congress as soon as practicable, but not later than 1 month after being
informed of the President's decision, a written report that contains--
(i) its views regarding the progress that
has been made in negotiations to achieve the
negotiating objectives set forth in the
preauthorization bill enacted that authorized
the negotiations; and
(ii) a statement of its views, and the
reasons therefor, regarding whether the
extension requested under subparagraph (A)
should be approved or disapproved.
(C) Reports may be classified.--The reports
submitted to the Congress under subparagraphs (A) and
(B), or any portion of such reports, may be classified
to the extent the President determines appropriate.
(D) Extension of negotiating authority.--The date
specified in a preauthorization bill under paragraph
(3) for conclusion of a trade agreement shall be
extended as specified in the President's report to
Congress under subparagraph (A)(i) if neither House of
the Congress adopts an extension disapproval resolution
before the date specified in the preauthorization bill
referred to in subparagraph (A).
(E) Extension disapproval resolutions.--(i) For
purposes of subparagraph (D), the term ``extension
disapproval resolution'' means a resolution of either
House of the 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 4(a)(5)(A) of the Trade
Negotiating Authority Act of 2001, to ____, 2____, of
the negotiating authority with respect to the trade
agreement described in the request submitted to the
Congress on ____, 2____.'', with the first blank space
being filled with the name of the resolving House of
the Congress, and the second and third blank spaces
being filled with the appropriate dates.
(F) Procedures.--(i) Extension disapproval
resolutions--
(I) may be introduced in either House of
the 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.
(ii) The provisions of sections 152 (d) and (e) of
the Trade Act of 1974 (19 U.S.C. 2192 (d) and (e))
(relating to the floor consideration of certain
resolutions in the House and Senate) apply to extension
disapproval resolutions.
(iii) It is not in order for--
(I) the Senate to consider any extension
disapproval resolution not reported by the
Committee on Finance; or
(II) 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.
(b) Notice and Consultation Before Negotiation.--
(1) In general.--The President, with respect to any
agreement that is subject to the provisions of section 3(b),
shall--
(A) in the case of any agreement not subject to
subsection (a) of this section, provide, at least 90
calendar days before initiating negotiations, written
notice to the Congress of the President's intention to
enter into the negotiations and set forth therein the
date the President intends to initiate such
negotiations, the specific United States objectives for
the negotiations, and whether the President intends to
seek an agreement, or changes to an existing agreement;
and
(B) consult regarding the negotiations, before and
after the date that is 90 calendar days before
initiating negotiations, with the Committee on Finance
of the Senate and the Committee on Ways and Means of
the House of Representatives and such other committees
of the House and Senate as the President deems
appropriate.
(2) Consultations regarding negotiations on certain
objectives.--
(A) Consultation.--In addition to the requirements
set forth in subsection (a) and paragraph (1), before
initiating negotiations with respect to a trade
agreement subject to section 3(b), where the subject
matter of such negotiations is directly related to the
principal trade negotiating objectives set forth in
section 2(b)(1) or section 2(b)(7), the President shall
consult with the Committee on Ways and Means of the
House of Representatives and the Committee on Finance
of the Senate and with the appropriate advisory groups
established under section 135 of the Trade Act of 1974
with respect to such negotiations.
(B) Scope.--The consultations described in
subparagraph (A) shall concern the manner in which the
negotiation will address the objective of reducing or
eliminating a specific tariff or nontariff barrier or
foreign government policy or practice directly related
to trade that decreases market opportunities for United
States exports or otherwise distorts United States
trade.
(3) Negotiations regarding agriculture.--(A) Before
initiating negotiations the subject matter of which is directly
related to the subject matter under section 2(b)(6)(A)(i) with any
country, the President shall 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. In
addition, the President shall 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. The
President shall 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) Before initiating negotiations to reduce United States
tariffs on agricultural products which the President determines
to be import sensitive, the President shall 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 such tariff reductions. The consultations
shall include an assessment of the impact of any tariff
reduction on the United States industry producing the product
and whether adjustment periods should be provided to the
industry. The President, with the advice of the International
Trade Commission, shall determine which agricultural products
are import sensitive.
(C) Before initiating negotiations with regard to
agriculture, the United States Trade Representative shall--
(i) identify those 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
of the House of Representatives and the Committee on
Finance of the Senate concerning whether any further
tariff reductions on the products identified under
clause (i) should be appropriate, taking into account
the impact of any such tariff reduction on the United
States industry producing the product;
(iii) request that the International Trade
Commission prepare an assessment of the probable
economic effects of the tariff reduction on the United
States industry producing the product and on the United
States economy as a whole; and
(iv) upon complying with clauses (i), (ii), and
(iii), notify the Committee on Ways and Means of the
House of Representatives and the Committee on Finance
of the Senate those products identified in clause (i)
for which the Trade Representative intends to seek
further tariff liberalization in the negotiations.
(D) If, after negotiations described in subparagraph (C)
are commenced--
(i) the United States Trade Representative
identifies any additional agricultural product
described in subparagraph (C)(i) for tariff reductions
which were not the subject of a notification under
subparagraph (C)(iv), or
(ii) any additional agricultural product described
in subparagraph (C)(i) is the subject of a request for
tariff reductions by a party to the negotiations,
the Trade Representative shall notify the committees referred
to in subparagraph (C)(iv) as soon as practicable of those
products.
(c) Consultation With Congress Before Agreements Entered Into.--
(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; and
(B) each other committee of the House and the
Senate, and each joint committee of the Congress, which
has jurisdiction over legislation involving subject
matters which would be affected by the trade agreement.
(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, and
objectives of this Act; and
(C) the implementation of the agreement under
section 5, including the general effect of the
agreement on existing laws.
(d) Advisory Committee Reports.--The report required under section
135(e)(1) of the Trade Act of 1974 regarding any trade agreement
entered into under section 3 (a) or (b) of this Act shall be 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 section 3(a)(1) or 5(a)(1)(A) of
the President's intention to enter into the agreement.
(e) ITC Assessment.--
(1) In general.--The President, at least 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) ITC assessment.--Not later than 90 calendar days after
the President enters into the agreement, 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, 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.
SEC. 5. 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) in the case of a trade agreement entered into
other than under the auspices of the World Trade
Organization, a preauthorization bill was enacted into
law under section 4(a) and any extension requested
under section 4(a)(5)(A) became effective under section
4(a)(5)(E);
(B) 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;
(C) within 60 days after entering into the
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 agreement;
(D) after entering into the agreement, the
President submits to the Congress a copy of the final
legal text of the agreement, together with--
(i) a draft of an implementing bill
described in section paragraph (2);
(ii) a statement of any administrative
action proposed to implement the trade
agreement; and
(iii) the supporting information described
in paragraph (3); and
(E) the implementing bill is enacted into law.
(2) Bills qualifying for trade authorities procedures.--The
implementing bill referred to in paragraph (1)(D)(i) is a bill
of either House of Congress consisting only of--
(A) a provision approving a trade agreement entered
into under section 3(b) and approving the statement of
administrative action, if any, proposed to implement
such trade agreement,
(B) provisions directly related to the principal
trade negotiating objectives set forth in section 2(b)
and the negotiating objectives set forth in any
preauthorization bill enacted under section 4(a)(3)
achieved in such trade agreement, if those provisions
are necessary for the operation or implementation of
United States rights or obligations under such trade
agreement,
(C) provisions that define and clarify, or
provisions that are related to, the operation or effect
of the provisions of the trade agreement,
(D) provisions to provide adjustment assistance to
workers and firms adversely affected by trade, and
(E) provisions necessary for purposes of complying
with section 252 of the Balanced Budget and Emergency
Deficit Control Act of 1985 in implementing the trade
agreement,
The provisions of section 151 of the Trade Act of 1974 (in this
Act referred to as ``trade promotion procedures'') apply to
implementing bills under this paragraph 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''.
(3) 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; and
(B) a statement--
(i) asserting that the agreement makes
progress in achieving the applicable purposes,
policies, and objectives of this Act; and
(ii) setting forth the reasons of the
President regarding--
(I) how and to what extent the
agreement makes progress in achieving
the applicable purposes, policies, and
objectives referred to in clause (i);
(II) whether and how the agreement
changes provisions of an agreement
previously negotiated;
(III) how the agreement serves the
interests of United States commerce;
and
(IV) how the implementing bill
meets the standards set forth in
paragraph (2).
(4) 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.
(b) Limitations on Trade Promotion Procedures.--
(1) For lack of notice or consultations.--
(A) In general.--The trade promotion procedures
shall not apply to any implementing bill submitted with
respect to a trade agreement 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 that trade agreement, the
other House separately agrees to a procedural
disapproval resolution with respect to that agreement.
(B) Procedural disapproval resolution.--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 (as the case may
be) with Congress in accordance with section 4 (b) or
(c) or section 5 of the Trade Negotiating Authority Act
of 2001 on negotiations with respect to ____________
and, therefore, the trade promotion procedures under
that Act shall not apply to any implementing bill
submitted with respect to that trade agreement.'', with
the blank space being filled with a description of the
trade agreement with respect to which the President is
considered to have failed or refused to notify or
consult.
(2) Procedures for considering resolutions.--(A) Procedural
disapproval resolutions--
(i) in the House of Representatives--
(I) shall be introduced by the chairman or
ranking minority member of the Committee on
Ways and Means or the chairman or ranking
minority member of the Committee on Rules;
(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 shall be original resolutions of
the Committee on Finance.
(B) The provisions of section 152 (d) and (e) of the Trade
Act of 1974 (19 U.S.C. 2192 (d) and (e)) (relating to the floor
consideration of certain resolutions in the House and Senate)
apply to procedural disapproval resolutions.
(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.
(c) Rules of House of Representatives and Senate.--Subsection (b)
of this section and section 4(a)(5) 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. 6. TREATMENT OF CERTAIN TRADE AGREEMENTS.
(a) Certain Agreements.--Notwithstanding section 3(b)(2), if an
agreement to which section 3(b) applies is entered into with Jordan or
Vietnam, 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--
(1) the applicability of the trade promotion procedures to
implementing bills shall be determined without regard to the
requirements of section 4 (a) or (b), and any procedural
disapproval resolution under section 5(b)(1)(B) shall not be in
order on the basis of a failure or refusal to comply with the
provisions of section 4 (a) or (b); and
(2) the President shall consult regarding the negotiations
described in subsection (a) with the committees described in
section 4(b)(1)(B) as soon as feasible after the enactment of
this Act.
(c) Multilateral Agreement on Investment.--Notwithstanding any
other provision of this Act, the trade promotion procedures shall not
apply to the Multilateral Agreement on Investment concluded under the
auspices of the Organization for Economic Cooperation and Development.
SEC. 7. CONGRESSIONAL OVERSIGHT GROUPS.
(a) Appointment and Functions.--Not later than 60 days before
initiating negotiations with respect to any agreement that is subject
to the provisions of section 3(b)--
(1) the Speaker of the House of Representatives, upon the
recommendation of the chairman of the Committee on Ways and
Means, shall appoint 5 members (not more than 3 of whom are
members of the same political party) of such committee, and
(2) the President pro tempore of the Senate, upon the
recommendation of the chairman of the Committee on Finance,
shall appoint 5 members (not more than 3 of whom are members of
the same political party) of such committee,
to serve as members of a Congressional Oversight Group for the
negotiations. Each such member shall be accredited by the United States
Trade Representative on behalf of the President as official advisers to
the United States delegation in the negotiations. Members of the
Congressional Oversight Group shall consult with and provide advice to
the Trade Representative regarding the formulation of specific
objectives, negotiating strategies and positions, and the development
of the trade agreement.
(b) Additional Members.--
(1) Authority to appoint.--In addition to the members
designated under subsection (a) for a Congressional Oversight
Group--
(A) the Speaker of the House of Representatives may
appoint additional members of the House from any other
committee of the House or joint committee of Congress
to serve as members of the Congressional Oversight
Group; and
(B) the President pro tempore of the Senate may
appoint additional members of the Senate from any other
committee of the Senate or joint committee of Congress
to serve as members of the Congressional Oversight
Group.
Members of the House and Senate appointed under this paragraph
shall be accredited by the United States Trade Representative.
(2) Consultations.--Before designating any member under
paragraph (1), the Speaker or the President pro tempore shall
consult with--
(A) the chairman and ranking minority member of the
Committee on Ways and Means and the Committee on
Finance, as appropriate; and
(B) the chairman and ranking minority member of the
committee from which the member will be appointed.
(3) Affiliation.--Not more than 2 members may be appointed
under this subsection as members of any Congressional Oversight
Group from any 1 committee of Congress. If 2 members are
appointed from 1 committee, they must be from different
political parties, and the total members from any political
party appointed under this subsection for any Congressional
Oversight Group may not exceed the total number of members from
any other political party.
(c) Guidelines.--
(1) Purpose and revision.--Within 120 days after the date
of the enactment of this Act, the United States Trade
Representative shall develop written guidelines, in
consultation with the chairmen and ranking minority members of
the Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate, to facilitate the
useful and timely exchange of information between the Trade
Representative and the Congressional Oversight Groups
established under this section. The Trade Representative may
revise the guidelines from time to time as needed following
further such consultation.
(2) Content.--The guidelines developed under paragraph (1)
shall provide for, among other things--
(A) regular, detailed briefings of each
Congressional Oversight Group regarding negotiating
objectives and positions and status of the negotiations
with respect to which the group was appointed,
beginning as soon as practicable after the appointment
of the members of the group, with more frequent
briefings as trade negotiations enter the final stage;
(B) access by members of each Congressional
Oversight Group, and staff with proper security
clearances, to pertinent documents relating to the
negotiations, including classified materials; and
(C) the closest practicable coordination between
the Trade Representative and each Congressional
Oversight Group at all critical periods during the
negotiations, including at negotiation sites.
SEC. 8. ADDITIONAL IMPLEMENTATION AND ENFORCEMENT REQUIREMENTS.
(a) In General.--At the time the President submits the final text
of an agreement pursuant to section 5(a)(1)(D), the President shall
also submit a plan for implementing and enforcing the 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 trade agreement, including
personnel required by the Office of the United States Trade
Representative, the Department of Commerce, the Department of
Agriculture, and the Department of the Treasury.
(3) Customs infrastructure requirements.--A description of
the additional equipment and facilities needed by the United
States Customs Service.
(4) 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.
(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 the President submits to Congress after the
submission of the plan.
SEC. 9. COMMISSION ON LABOR AND THE ENVIRONMENT
(a) Establishment.--There is established the Commission on Labor
and the Environment (in this section referred to as the
``Commission'').
(b) Duties of Commission.--The Commission shall--
(1) carry out section 4(a)(2) of this Act following the
notification of the President under section 4(a)(1); and
(2) prepare reports on the laws of any country that relate
to worker rights or protection of the environment, pursuant to
resolution of either the Committee on Ways and Means of the
House of Representatives or the Committee on Finance of the
Senate.
(c) Membership.--
(1) Number and Appointment.--The Commission shall be
composed of 12 members appointed by the President as follows:
(A) 3 members who shall be appointed from among
officers and employees of the Office of the United
States Trade Representative who have expertise in labor
and environmental issues.
(B) 3 members who shall be appointed from among
officers and employees of the Environmental Protection
Agency.
(C) 3 members who shall be appointed from among
officers and employees of the Department of Labor.
(D) 1 member who shall be a representative of the
business community.
(E) 1 member who shall be a representative of labor
organizations.
(F) 1 member who shall be a representative of
nongovernmental organizations with expertise in
environmental issues.
(2) Continuation of membership.--If a member was appointed
to the Commission as an officer or employee of an agency and
the member ceases to be such an officer or employee, or was
appointed under subparagraph (D), (E), or (F) of paragraph (1)
and ceases to be representative of the group he or she was
chosen to represent, that member may continue as a member for
not longer than the 30-day period beginning on the date that
member ceases to be such an officer or employee or such a
representative, as the case may be.
(3) Terms.--
(A) In general.--Each member shall be appointed for
a term of 4 years, except as provided in subparagraphs
(B) and (C).
(B) Terms of initial appointees.--As designated by
the President at the time of appointment, of the
members first appointed--
(i) 3 shall be appointed for terms of 1
year;
(ii) 3 shall be appointed for terms of 2
years; and
(iii) 3 shall be appointed for terms of 3
years.
(C) Vacancies.--Any member appointed to fill a
vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be
appointed only for the remainder of that term. A member
may serve after the expiration of that member's term
until a successor has taken office. A vacancy in the
Commission shall be filled in the manner in which the
original appointment was made.
(4) Basic pay.--
(A) Rates of pay.--Except as provided in
subparagraph (B), members shall each be paid the daily
equivalent of the annual rate of basic pay for level V
of the Executive Schedule for each day (including
travel time) during which they are engaged in the
actual performance of duties vested in the Commission.
(B) Prohibition of compensation of federal
employees.--Members of the Commission who are full-time
officers or employees of the United States may not
receive additional pay, allowances, or benefits by
reason of their service on the Commission.
(C) Travel expenses.--Each member shall receive
travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions
under subchapter I of chapter 57 of title 5, United
States Code.
(5) Quorum.--7 members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(6) Chairperson.--The Chairperson of the Commission shall
be designated by the President at the time of the appointment.
The term of office of the Chairperson shall be 2 years.
(7) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of its members.
(d) Commission Personnel Matters.--
(1) In General.--The Commission may, without regard to the
civil service laws and regulations, appoint and terminate an
Executive Director and such other additional personnel as may
be necessary to enable the Commission to perform its duties.
(2) Compensation.--The Commission may fix the compensation
of the Executive Director and other personnel without regard to
the provisions of chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay for the Executive Director and other personnel may not
exceed the rate payable for level V of the Executive Schedule
under section 5316 of such title.
(3) Staff and services of other federal agencies.--Upon the
request of the Commission, the head of any Federal department
or agency may detail, on a reimbursable or nonreimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its functions. The
detail of any such personnel shall be without interruption or
loss of civil service or Foreign Service status or privilege.
(4) Experts and consultants.--The Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code, but at rates for individuals not
to exceed the daily equivalent of the annual rate of pay
payable level V of the Executive Schedule under section 5316 of
such title.
(e) Powers of Commission.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out its functions, hold hearings, sit and
act at times and places, take testimony, and receive evidence
as the Commission considers appropriate.
(2) Information from federal agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry out
the provisions of this section. Upon request of the Chairperson
of the Commission, the head of such department or agency shall
furnish such information to the Commission, subject to
applicable law.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(4) Administrative procedures.--The Commission may adopt
such rules and regulations, relating to administrative
procedure, as may be reasonably necessary to enable it to carry
out its functions.
(5) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this
subsection.
(6) Gifts, bequests, and devises.--The Commission may
accept, use, and dispose of gifts, bequests, or devises of
services or property, both real and personal, for the purpose
of aiding or facilitating the work of the Commission. Gifts,
bequests, or devises of money and proceeds from sales of other
property received as gifts, bequests, or devises shall be
deposited in the Treasury and shall be available for
disbursement upon order of the Commission. For purposes of
Federal income, estate, and gift taxes, property accepted under
this subsection shall be considered as a gift, bequest, or
devise to the United States.
(7) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its functions.
(8) Contract authority.--To the extent or in the amounts
provided in advance in appropriation Acts, the Commission may
contract with and compensate government and private agencies or
persons for the conduct of activities necessary to the
discharge of its functions.
(f) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 10. CONFORMING AMENDMENTS.
(a) In General.--Title I of the Trade Act of 1974 (19 U.S.C. 2111
et seq.) is amended as follows:
(1) Implementing bill.--
(A) Section 151(b)(1) (19 U.S.C. 2191(b)(1)) is
amended by striking ``, section 1103(a)(1) of the
Omnibus Trade and Competitiveness Act of 1988,''.
(B) Section 151(c)(1) (19 U.S.C. 2191(c)(1)) is
amended by striking ``or section 282 of the
Uruguay Round Agreements Act'' and inserting ``, section 282 of the
Uruguay Round Agreements Act, or section 5(a)(1) of the Trade
Negotiating Authority Act of 2001''.
(2) Advice from international trade commission.--Section
131 (19 U.S.C. 2151) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``section
123 of this Act or section 1102 (a) or (c) of
the Omnibus Trade and Competitiveness Act of
1988,'' and inserting ``section 123 of this Act
or section 3 (a) or (b) of the Trade
Negotiating Authority Act of 2001,''; and
(ii) in paragraph (2), by striking
``section 1102 (b) or (c) of the Omnibus Trade
and Competitiveness Act of 1988'' and inserting
``section 3(b) of the Trade Negotiating
Authority Act of 2001'';
(B) in subsection (b), by striking ``section
1102(a)(3)(A)'' and inserting ``section 3(a)(3)(A) of
the Trade Negotiating Authority Act of 2001'' before
the end period; and
(C) in subsection (c), by striking ``section 1102
of the Omnibus Trade and Competitiveness Act of 1988,''
and inserting ``section 3 of the Trade Negotiating
Authority Act of 2001,''.
(3) Hearings and advice.--Sections 132, 133(a), and 134(a)
(19 U.S.C. 2152, 2153(a), and 2154(a)) are each amended by
striking ``section 1102 of the Omnibus Trade and
Competitiveness Act of 1988,'' each place it appears and
inserting ``section 3 of the Trade Negotiating Authority Act of
2001,''.
(4) Prerequisites for offers.--Section 134(b) (19 U.S.C.
2154(b)) is amended by striking ``section 1102 of the Omnibus
Trade and Competitiveness Act of 1988'' and inserting ``section
3 of the Trade Negotiating Authority Act of 2001''.
(5) Advice from private and public sectors.--Section 135
(19 U.S.C. 2155) is amended--
(A) in subsection (a)(1)(A), by striking ``section
1102 of the Omnibus Trade and Competitiveness Act of
1988'' and inserting ``section 3 of the Trade
Negotiating Authority Act of 2001'';
(B) in subsection (e)(1)--
(i) by striking ``section 1102 of the
Omnibus Trade and Competitiveness Act of 1988''
each place it appears and inserting ``section 3
of the Trade Negotiating Authority Act of
2001''; and
(ii) by striking ``section 1103(a)(1)(A) of
such Act of 1988'' and inserting ``section
5(a)(1)(B) of the Trade Negotiating Authority
Act of 2001''; and
(C) in subsection (e)(2), by striking ``section
1101 of the Omnibus Trade and Competitiveness Act of
1988'' and inserting ``section 2 of the Trade
Negotiating Authority Act of 2001''.
(6) Transmission of agreements to congress.--Section 162(a)
(19 U.S.C. 2212(a)) is amended by striking ``or under section
1102 of the Omnibus Trade and Competitiveness Act of 1988'' and
inserting ``or under section 3 of the Trade Negotiating
Authority Act of 2001''.
(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(a), and 2137)--
(1) any trade agreement entered into under section 3 shall
be treated as an agreement entered into under section 101 or
102, as appropriate, of the Trade Act of 1974 (19 U.S.C. 2111
or 2112); 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.
SEC. 11. DEFINITIONS.
In this Act:
(1) United states person.--The term ``United States
person'' means--
(A) a United States citizen;
(B) a partnership, corporation, or other legal
entity 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.
(2) 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)).
(3) World trade organization.--The term ``World Trade
Organization'' means the organization established pursuant to
the WTO Agreement.
(4) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing the World Trade Organization entered
into on April 15, 1994.
<all>