[Congressional Record Volume 143, Number 10 (Thursday, January 30, 1997)]
[Senate]
[Pages S893-S897]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LUGAR:

  S. 253. A bill to establish the negotiating objectives and fast-track 
procedures for future trade agreements; to the Committee on Finance.


             THE TRADE AGREEMENT IMPLEMENTATION REFORM ACT

 Mr. LUGAR. Mr. President, development of overseas markets and 
customers is vital to the future of U.S. agriculture. Demand for food 
and feed is growing rapidly. U.S. agriculture is efficient and 
competitive, however, tariff and nontariff barriers remain high in many 
countries.
  As incomes rise in developing countries, their demands for our 
products will continue to expand. In 1996, agricultural exports reached 
a record $59.8 billion. Continued growth is vital. World commodity 
markets are often distorted by import barriers, export subsidies and 
State trading enterprises. These distortions put American farmers and 
agribusiness operators at a disadvantage. We must reduce trade barriers 
and allow our industry to supply the world's markets.
  Today I will introduce the Trade Agreement Implementation Reform Act. 
This bill will grant the President the fast-track authority he needs to 
negotiate future trade agreements. It is in the national interest for 
the President to have this authority, but is has lapsed due in part to 
the way past implementing legislation was handled.
  Earlier fast-track authority allowed side-deals, special-interest 
accommodations and provisions of questionable merit. As a result, 
public confidence in our trade policies eroded. Reforming the fast-
track process and prohibiting these special-interest provisions is one 
step in gaining support for future trade agreements.
  My bill contains two major changes from previous practice. First, 
legislation submitted under the fast-track authority will contain only 
provisions absolutely necessary to implement an agreement. Prior law 
allowed provisions necessary and appropriate and encouraged deals with 
special interests in exchange for support.
  Second, although fast-track legislation is not amendable, we should 
make one exception. Senators should be able to amend or delete 
provisions that merely offset revenue losses from tariff changes. Such 
provisions in the Uruguay round legislation included the controversial 
Pioneer Preference and pension reform titles. Congress should have the 
ability to debate and amend items like these, but be subject to overall 
time limits.
  The United States must continue to move forward in its effort to find 
new markets for our goods and services. We should take advantage of a 
favorable trade climate in South America by pursuing an agreement with 
Chile. Chile has advanced bilateral trade agreements with Canada and 
Mexico and has become an associate member of the Southern Cone Mercosur 
trading bloc. Before the United States can move forward, the 
administration must have fast-track authority. The President must now 
make a case to Congress and the American people that this is a priority 
of his administration.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 253

       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 ``Trade Agreement 
     Implementation Reform Act''.

     SEC. 2. 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 
     other trade-distorting policies and practices,
       (3) to further strengthen the system of international 
     trading disciplines and procedures, and
       (4) to foster economic growth and full employment in the 
     United States and the global economy.

     SEC. 3. TRADE AGREEMENT NEGOTIATING 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) on or before June 1, 2003, may enter into trade 
     agreements with foreign countries, and
       (B) may, subject to paragraphs (2) through (5), 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.
       (2) Limitations.--No proclamation may be made under 
     paragraph (1)(B) 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 
     enactment of this Act) to a rate of duty which is less than 
     50 percent of the rate of such duty that applies on such date 
     of enactment,
       (B) reduces the rate of duty on an article over a period 
     greater than 10 years after the first reduction that is 
     proclaimed to carry out a trade agreement with respect to 
     such article, or
       (C) increases any rate of duty above the rate that applied 
     on the date of enactment of this Act.
       (3) Aggregate reduction; exemption from staging.--
       (A) Aggregate reduction.--Except as provided in 
     subparagraph (B), the aggregate amount that the rate of duty 
     on any article may be reduced under paragraph (2) in any year 
     shall not exceed an amount that is equal to the greater of 3 
     percent ad valorem or 10 percent of the total reduction in 
     the rate of duty for such article required pursuant to a 
     trade agreement entered into under paragraph (1).

[[Page S894]]

       (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 
     (2) (A) or (B) or 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) Additional limitation.--A rate of duty reduction or 
     increase that may not be proclaimed by reason of paragraph 
     (2) or (3) may take effect only if a provision authorizing 
     such reduction or increase is included within an implementing 
     bill provided for under section 4 of this Act and that bill 
     is enacted into law.
       (b) Agreements Regarding Tariff and Nontariff Barriers.--
       (1) In general.--Whenever the President determines that any 
     duty or other import restriction imposed by any foreign 
     country or the United States or any other barrier to, or 
     other distortion of, international trade--
       (A) unduly burdens or restricts the foreign trade of the 
     United States or adversely affects the United States economy,
       (B) the imposition of any such barrier or distortion is 
     likely to result in such a burden, restriction, or effect, or
       (C) the reduction or elimination of such barrier or 
     distortion is likely to result in economic growth or expanded 
     trade opportunities for the United States,

     and that the purposes, policies, and objectives of this Act 
     will be promoted thereby, the President may, on or before 
     June 1, 2003, enter into a regional, bilateral, or 
     multilateral trade agreement described in paragraph (2).
       (2) Description of trade agreement.--A trade agreement is 
     described in this paragraph if it is a regional, bilateral, 
     or multilateral trade agreement entered into by the President 
     with a foreign country providing for--
       (A) the reduction or elimination of such duty, restriction, 
     barrier, or other distortion, or
       (B) the prohibition of, or limitation on the imposition of, 
     such barrier or other distortion.
       (3) Conditions.--A trade agreement may be entered into 
     under this subsection only if such agreement makes 
     substantial progress in meeting the applicable negotiating 
     objectives described in section 2 and the President satisfies 
     the conditions set forth in subsections (c) and (d).
       (4) Compliance with uruguay round agreements and other 
     obligations.--In determining whether to enter into 
     negotiations with a particular country under this subsection, 
     the President shall take into account whether that country 
     has implemented its obligations under the Uruguay Round 
     Agreements and any other trade agreement with respect to 
     which the United States and such other country are parties.
       (5) Limitation.--Notwithstanding any other provision of 
     law, no trade benefit shall be extended to any country solely 
     by reason of the extension of any trade benefit to another 
     country under a trade agreement entered into under paragraph 
     (1) with such other country.
       (c) Notice and Consultation Before Negotiation.--
       (1) General rule.--The President, at least 60 calendar days 
     before initiating negotiations on any agreement that is 
     subject to the provisions of subsection (b), shall--
       (A) provide written notice to Congress of the President's 
     intent to enter into the negotiations and set forth therein 
     the date the President intends to initiate such negotiations 
     and the specific United States objectives for the 
     negotiations,
       (B) before submitting the notice, seek the advice of and 
     consult with the relevant private sector advisory committees 
     established under section 135 of the Trade Act of 1974 (19 
     U.S.C. 2155), regarding the negotiations and the negotiating 
     objectives the President proposes to establish for the 
     negotiations, and
       (C) before and after submission of the notice, consult with 
     Congress regarding the negotiations and the negotiating 
     objectives.
       (2) Exception.--Notwithstanding subsection (b)(3) and 
     section 4(c), the provisions of this subsection shall not 
     apply to an agreement which results from negotiations that 
     were commenced before the date of enactment of this Act and 
     the provisions of this Act regarding implementation shall 
     apply to such agreement, if with respect to such agreement, 
     the President provides notice, seeks advice, and consults in 
     accordance with subparagraphs (A), (B), and (C) of paragraph 
     (1) as soon as practicable after the date of enactment of 
     this Act.
       (d) Consultation With Congress Before Agreements Entered 
     Into.--
       (1) Consultation.--Before entering into any trade agreement 
     under subsection (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 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 negotiating objectives, and
       (C) all matters relating to the implementation of the 
     agreement under section 4.

     SEC. 4. IMPLEMENTATION OF TRADE AGREEMENTS.

       (a) In General.--
       (1) Notification and submission.--Any agreement entered 
     into under section 3(b) shall enter into force with respect 
     to the United States if (and only if)--
       (A) the President, at least 120 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) after entering into the agreement, the President 
     submits a copy of the final legal text of the agreement, 
     together with--
       (i) a draft of an implementing bill,
       (ii) a statement of any administrative action proposed to 
     implement the trade agreement, and
       (iii) the supporting information described in paragraph 
     (3); and
       (C) the implementing bill is enacted into law.
       (2) Restrictions on implementing bill.--
       (A) In general.--An implementing bill referred to in 
     paragraph (1) shall contain only necessary provisions.
       (B) Necessary provision.--For purposes of this Act, the 
     term ``necessary provision'' means a provision in an 
     implementing bill that--
       (i)(I) makes progress in meeting the negotiating objectives 
     contained in section 2 for the trade agreement with respect 
     to which the implementing bill is submitted, and
       (II) is required to put into effect, or sets forth a 
     procedure to carry out, a substantive provision of the trade 
     agreement with respect to which the implementing bill is 
     submitted, or
       (ii) is a revenue provision.
       (3) Supporting information.--The supporting information 
     required under paragraph (1)(B)(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 negotiating objectives contained in 
     section 2, and
       (ii) setting forth the reasons of the President regarding, 
     among other things--

       (I) how and to what extent the agreement makes progress in 
     achieving the applicable negotiating objectives referred to 
     in clause (i), and why and to what extent the agreement does 
     not achieve other negotiating objectives,
       (II) how the agreement serves the interests of United 
     States commerce,
       (III) why the implementing bill and proposed administrative 
     action is necessary to carry out the agreement,
       (IV) how the provisions of the implementing bill are 
     necessary to comply with the applicable negotiating 
     objectives, and
       (V) how any revenue provision in the implementing bill is 
     necessary to comply with the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

       (4) Other considerations.--To ensure that a foreign country 
     that receives benefits under a trade agreement entered into 
     under section 3(b) is subject to the obligations imposed by 
     such agreement, the President shall recommend to Congress in 
     the implementing bill and statement of administrative action 
     submitted with respect to such agreement that the benefits 
     and obligations of such agreement apply solely to the parties 
     to such agreement, if such application is consistent with the 
     terms of such agreement. The President may also recommend 
     with respect to any such agreement that the benefits and 
     obligations of such agreement not apply uniformly to all 
     parties to such agreement, if such application is consistent 
     with the terms of such agreement.
       (b) Application of Congressional ``Fast Track'' Procedures 
     To Implementing Bills.--
       (1) In general.--Except as otherwise provided in this 
     subsection and subsection (c), the provisions of section 151 
     of the Trade Act of 1974 (19 U.S.C. 2191) (hereafter in this 
     Act referred to as ``fast track procedures'') apply to 
     implementing bills submitted with respect to trade agreements 
     entered into under section 3(b) on or before June 1, 2003 (or 
     if extended under section 5, June 1, 2005).
       (2) Certain points of order and amendments in order.--
       (A) In general.--
       (i) Points of order.--A point of order may be made by any 
     Senator against a provision in an implementing bill that is 
     not a necessary provision (as defined in subsection 
     (a)(2)(B)). If such point of order is sustained by a majority 
     of the Members of the Senate duly chosen and sworn, the 
     provision shall be stricken.
       (ii) Amendments in order.--The provisions of section 151(d) 
     of the Trade Act of 1974 shall not apply to a provision in an 
     implementing bill that is a revenue provision and an 
     amendment to a revenue provision shall be

[[Page S895]]

     in order if the amendment meets the requirements of paragraph 
     (4).
       (B) Time limit.--Sections 151(f)(2) and 151(g)(2) of such 
     Act shall be applied by substituting ``25 hours'' for ``20 
     hours'' each place such term appears and such time limits 
     shall include all amendments to and points of order made with 
     respect to an implementing bill.
       (C) Rules for debate in the senate.--Debate in the Senate 
     on any amendment to or point of order made with respect to an 
     implementing bill under this paragraph shall be limited to 
     not more than 1 hour, to be equally divided between, and 
     controlled by the mover and the manager of the implementing 
     bill, except that in the event the manager of the 
     implementing bill is in favor of any such amendment, the time 
     in opposition thereto shall be controlled by the minority 
     leader or the minority leader's designee. The majority and 
     minority leader may, from the time under their control on the 
     passage of an implementing bill, allot additional time to any 
     Senator during the consideration of any amendment. A motion 
     in the Senate to further limit debate on an amendment to any 
     implementing bill is not debatable.
       (3) Revenue provision.--For purposes of this Act, the term 
     ``revenue provision'' means a provision in an implementing 
     bill that--
       (A) is not required to put into effect, or does not set 
     forth a procedure to carry out, a substantive provision of 
     the trade agreement with respect to which the implementing 
     bill is submitted,
       (B) is not inconsistent with the obligations of the United 
     States under the trade agreement with respect to which the 
     implementing bill is submitted, and
       (C) either decreases specific budget outlays for the fiscal 
     years covered by the implementing bill or increases revenues 
     for such fiscal years in order to comply with the Balanced 
     Budget and Emergency Deficit Control Act of 1985.
       (4) Requirements for amendment.--It shall not be in order 
     in the House of Representatives or the Senate to consider any 
     amendment to a revenue provision in an implementing bill that 
     would have the effect of increasing any specific budget 
     outlays above the level of such outlays provided in the 
     implementing bill for the fiscal years covered by the 
     implementing bill or would have the effect of reducing any 
     specific revenues below the level of such revenues provided 
     in the implementing bill for such fiscal years, unless such 
     amendment makes at least an equivalent reduction in other 
     specific budget outlays, an equivalent increase in other 
     specific Federal revenues, or an equivalent combination 
     thereof for such fiscal years. For purposes of this 
     paragraph, the levels of budget outlays and Federal revenues 
     for a fiscal year shall be determined on the basis of 
     estimates made by the Committee on the Budget of the Senate 
     or of the House of Representatives, as the case may be.
       (5) Difference between the 2 houses.--If the text of 
     implementing bills described in subsection (b)(1) concerning 
     any matter is not identical--
       (A) the Senate shall vote passage on the implementing bill 
     introduced in the Senate, and
       (B) the text of the implementing bill passed by the Senate 
     shall, immediately upon its passage (or, if later, upon 
     receipt of the implementing bill passed by the House), be 
     substituted for the text of the implementing bill passed by 
     the House of Representatives, and such implementing bill, as 
     amended shall be returned with a request for a conference 
     between the 2 Houses.
       (6) Amendment between houses.--Except as provided in 
     paragraph (7)--
       (A) overall debate on all motions necessary to resolve 
     amendments between the Houses on an implementing bill under 
     this subsection shall be limited to 2 hours at any stage of 
     the proceedings; and
       (B) debate on any motion, appeal, or point of order under 
     this subsection which is submitted shall be limited to 30 
     minutes, and such time shall be equally divided and 
     controlled by, the majority leader and the minority leader or 
     their designees.
       (7) Procedures relating to conference reports.--
       (A) Appointment of conferees.--A request for a conference 
     shall be accepted and conferees shall be appointed--
       (i) in the case of the Senate, by the President pro 
     tempore, and
       (ii) in the case of the House of Representatives, by the 
     Speaker of the House,
     not later than 3 calendar days after such request is made.
       (B) General rules for consideration of conference report.--
     Consideration in a House of Congress of the conference report 
     on an implementing bill described in paragraph (5), including 
     consideration of all amendments in disagreement (and all 
     amendments thereto), and consideration of all debatable 
     motions and appeals in connection therewith, shall be limited 
     to 4 hours, to be equally divided between, and controlled by, 
     the majority leader and the minority leader or their 
     designees. Debate on any debatable motion or appeal related 
     to the conference report shall be limited to 30 minutes, to 
     be equally divided between, and controlled by, the mover and 
     the manager of the conference report.
       (C) Failure of conference to act.--If the committee on 
     conference on an implementing bill considered under this 
     section fails to submit a conference report within 10 
     calendar days after the conferees have been appointed by each 
     House, any Member of either House may introduce an 
     implementing bill containing only the text of the draft 
     implementing bill of the President on the next day of session 
     thereafter and the implementing bill shall be treated as a 
     conference report and considered as provided in subparagraph 
     (B).
       (c) Additional Limitations on ``Fast Track'' Procedures.--
       (1) Prenegotiation requirements.--
       (A) In general.--The fast track procedures shall not apply 
     to any implementing bill that contains a provision approving 
     any trade agreement which is entered into under section 3(b) 
     with any foreign country if--
       (i) the requirements of section 3(c) are not met with 
     respect to the negotiation of such agreement; or
       (ii) both Houses of Congress agree to a resolution 
     disapproving the negotiation of such agreement before the 
     later of--

       (I) the close of the 60-calendar day period beginning on 
     the date notice is provided under section 3(c); or
       (II) the close of the 15-day period beginning on the date 
     such notice is provided, computed without regard to the days 
     on which either House of Congress is not in session because 
     of an adjournment of more than 3 days to a day certain or an 
     adjournment of Congress sine die, and any Saturday or Sunday, 
     not otherwise excluded under this subclause, when either 
     House of Congress is not in session.

       (B) Resolution disapproving negotiations.--A resolution 
     referred to in subparagraph (A)(ii) is a resolution of either 
     House of Congress with which the other House of Congress 
     concurs, the sole matter after the resolving clause of which 
     is as follows: ``That Congress disapproves the negotiation of 
     the trade agreement notice of which was provided to Congress 
     on __ under section 3(c) of the Trade Agreement 
     Implementation Reform Act.'', with the blank space being 
     filled with the appropriate date.
       (2) Lack of consultations.--
       (A) In general.--The fast track procedures shall not apply 
     to any implementing bill submitted with respect to a trade 
     agreement entered into under section 3(b) if both Houses of 
     Congress separately agree to procedural disapproval 
     resolutions within any 60 calendar day period.
       (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 
     consult with Congress on trade negotiations and trade 
     agreements in accordance with the provisions of the Trade 
     Agreement Implementation Reform Act and, therefore, the 
     provisions of section 151 of the Trade Act of 1974 shall not 
     apply to any implementing bill submitted with respect to any 
     trade agreement entered into under section 3(b) of the Trade 
     Agreement Implementation Reform Act, if, during the 60 
     calendar day period beginning on the date on which this 
     resolution is agreed to by __, the __ agrees to a procedural 
     disapproval resolution (within the meaning of section 
     4(c)(2)(B) of the Trade Agreement Implementation Reform 
     Act).'', with the first blank space being filled with the 
     name of the resolving House of Congress and the second blank 
     space being filled with the name of the other House of 
     Congress.
       (3) Procedures for considering resolutions.--
       (A) In general.--Resolutions under paragraph (1) and 
     procedural disapproval resolutions under paragraph (2)--
       (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 jointly referred to the Committee on Ways and 
     Means and 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) Application of section 152.--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 resolutions 
     under paragraph (1) and to procedural disapproval resolutions 
     under paragraph (2).
       (C) Special rules relating to house.--It is not in order 
     for the House of Representatives to consider any resolution 
     under paragraph (1) or any procedural disapproval resolution 
     under paragraph (2) that is not reported by the Committee on 
     Ways and Means and the Committee on Rules.

     SEC. 5. EXTENSION OF TRADE AGREEMENTS AUTHORITY AND FAST 
                   TRACK PROCEDURES.

       (a) Extension of Fast Track Procedures To Implementing 
     Bills.--
       (1) In general.--The fast track procedures shall, as 
     modified by this Act, be extended to implementing bills 
     submitted with respect to trade agreements entered into under 
     section 3(b) after May 31, 2003, and before June 1, 2005, if 
     (and only if)--
       (A) the President requests such extension under paragraph 
     (2), and
       (B) neither House of Congress adopts an extension 
     disapproval resolution under paragraph (5) before June 1, 
     2003.
       (2) Report to congress by the president.--If the President 
     is of the opinion that

[[Page S896]]

     the fast track procedures should be extended to implementing 
     bills described in paragraph (1), the President shall submit 
     to Congress, not later than March 1, 2003, a written report 
     that contains a request for such extension, together with--
       (A) a description of all trade agreements that have been 
     negotiated under section 3(b) and the anticipated schedule 
     for submitting such agreements to Congress for approval,
       (B) a description of the progress that has been made in 
     regional, bilateral, and multilateral negotiations to achieve 
     the purposes, policies, and objectives of this Act, and a 
     statement that such progress justifies the continuation of 
     negotiations, and
       (C) a statement of the reasons why the extension is needed 
     to complete the negotiations.
       (3) 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 Congress under paragraph (2). 
     The Advisory Committee shall submit to Congress as soon as 
     practicable, but not later than March 1, 2003, a written 
     report that contains--
       (A) its views regarding the progress that has been made in 
     regional, bilateral, and multilateral negotiations to achieve 
     the purposes, policies, and objectives of this Act, and
       (B) a statement of its views, and the reasons therefor, 
     regarding whether the extension requested under paragraph (2) 
     should be approved or disapproved.
       (4) Reports may be classified.--The reports submitted to 
     Congress under paragraphs (2) and (3), or any portion of the 
     reports, may be classified to the extent the President 
     determines appropriate.
       (5) Extension disapproval resolutions.--
       (A) In general.--For purposes of this subsection, 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 
     5(a)(1) of the Trade Agreement Implementation Reform Act, of 
     the provisions of section 151 of the Trade Act of 1974 (as 
     modified by section 4(b) of the Trade Agreement 
     Implementation Reform Act) to any implementing bill submitted 
     with respect to any trade agreement entered into under 
     section 3(b) of the Trade Agreement Implementation Reform Act 
     after June 1, 2003, because sufficient tangible progress has 
     not been made in trade negotiations.'', with the blank space 
     being filled with the name of the resolving House of 
     Congress.
       (B) Procedure.--Extension disapproval resolutions--
       (i) may be introduced in either House of Congress by any 
     Member of such House; and
       (ii) shall be jointly referred, in the House of 
     Representatives, to the Committee on Ways and Means and the 
     Committee on Rules.
       (C) Application of section 152.--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.
       (D) Other requirements.--It is not in order for--
       (i) the Senate to consider any extension disapproval 
     resolution not reported by the Committee on Finance;
       (ii) the House of Representatives to consider any extension 
     disapproval resolution not reported by the Committee on Ways 
     and Means and the Committee on Rules; or
       (iii) either House of Congress to consider an extension 
     disapproval resolution that is reported to such House after 
     May 15, 2003.
       (b) Rules of House of Representatives and Senate.--
     Subsection (a) of this section, and section 4 (b) and (c), 
     are enacted by Congress--
       (1) as an exercise of the rulemaking power of the House of 
     Representatives and the Senate, respectively, and as such are 
     deemed a part of the rules of each House, respectively, and 
     such procedures supersede other rules only to the extent that 
     they are inconsistent with such other rules; and
       (2) with the full recognition of the constitutional right 
     of either House to change the rules (so far as relating to 
     the procedures of that House) at any time, in the same 
     manner, and to the same extent as any other rule of that 
     House.

     SEC. 6. CONFORMING AMENDMENTS.

       (a) In General.--Title I of the Trade Act of 1974 (19 
     U.S.C. 2111 and following) is amended as follows:
       (1) Implementing bill.--Section 151(b)(1) (19 U.S.C. 
     2191(b)(1)) is amended by inserting ``section 4 of the Trade 
     Agreement Implementation Reform Act,'' after ``the Omnibus 
     Trade and Competitiveness Act of 1988,''.
       (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, section 1102 (a) or (c) of the Omnibus Trade and 
     Competitiveness Act of 1988, or section 3 of the Trade 
     Agreement Implementation Reform Act'', and
       (ii) in paragraph (2), by inserting ``or section 3 (a) or 
     (b) of the Trade Agreement Implementation Reform Act'' after 
     ``1988'',
       (B) in subsection (b), by inserting ``of the Omnibus Trade 
     and Competitiveness Act of 1988 or section 3(a)(3) of the 
     Trade Agreement Implementation Reform Act'' before the end 
     period, and
       (C) in subsection (c), by striking ``of this Act or section 
     1102 of the Omnibus Trade and Competitiveness Act of 1988,'' 
     and inserting ``of this Act, section 1102 of the Omnibus 
     Trade and Competitiveness Act of 1988, or section 3 of the 
     Trade Agreement Implementation Reform Act''.
       (3) Hearings and advice concerning negotiations.--Sections 
     132, 133(a), and 134(a) (19 U.S.C. 2152, 2153(a), and 
     2154(a)) are each amended by striking ``or section 1102 of 
     the Omnibus Trade and Competitiveness Act of 1988,'' each 
     place it appears and inserting ``, section 1102 of the 
     Omnibus Trade and Competitiveness Act of 1988, or section 3 
     of the Trade Agreement Implementation Reform Act,''.
       (4) Prerequisites for offers.--Section 134(b) (19 U.S.C. 
     2154(b)) is amended by inserting ``or section 3 of the Trade 
     Agreement Implementation Reform Act'' after ``1988''.
       (5) Information and advice from private and public 
     sectors.--Section 135(a)(1)(A) (19 U.S.C. 2155(a)(1)(A)) is 
     amended by inserting ``or section 3 of the Trade Agreement 
     Implementation Reform Act'' after ``1988''.
       (6) Meeting of advisory committees at conclusion of 
     negotiations.--Section 135(e) (19 U.S.C. 2155(e)) is 
     amended--
       (A) in paragraph (1), by inserting ``or section 3 of the 
     Trade Agreement Implementation Reform Act'' after ``1988'' 
     the first two places it appears, and by inserting ``or 
     section 4(a)(1)(A) of the Trade Agreement Implementation 
     Reform Act'' after ``1988'' the third place it appears; and
       (B) in paragraph (2), by inserting ``or section 2 of the 
     Trade Agreement Implementation Reform Act'' after ``1988''.
       (b) Application of Sections 125, 126, and 127 of the Trade 
     Act of 1974.--For purposes of applying sections 125, 126, and 
     127 of the Trade Act of 1974 (19 U.S.C. 2135, 2136, and 
     2137)--
       (1) any trade agreement entered into under section 3 shall 
     be treated as an agreement entered into under section 101 or 
     102, 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 (19 U.S.C. 2112).

     SEC. 7. ADVISORY COMMITTEE REPORTS.

       Section 135(e)(1) of the Trade Act of 1974 (19 U.S.C. 2155) 
     is amended by striking ``the date on which'' and inserting 
     ``45 days after''.
                                  ____


               Trade Agreement Implementation Reform Act

       Sec. 2. Negotiating objectives.--Overall negotiating 
     objectives for all trade agreements are included in the act. 
     These objectives do not provide authority to use trade 
     negotiations to achieve environmental or labor policy goals. 
     Specific negotiating objectives are to be the subject of 
     consultations between the President and Congress prior to the 
     initiation of negotiations. (See sec. 3(c))
       Sec. 3(a). General tariff authority.--As in previous trade 
     acts, authority is delegated to the President to negotiate 
     and proclaim reciprocal tariff reductions without further 
     Congressional action. This authority expires on June 1, 2003.
       Sec. 3(b). Authority to negotiate tariff and non-tariff 
     barriers.--The President is given authority to negotiate 
     bilateral, regional, or multilateral trade agreements, 
     including reduction or elimination of non-tariff barriers and 
     subsidies.
       Sec. 3(c)&(d). Notice and consultation before 
     negotiation.--In addition to consulting with Congress before 
     an agreement is entered into (as the 1988 act requires), this 
     bill would require the President to notify Congress 60 days 
     before initiating any trade negotiations and to consult with 
     Congress and the private sector advisory committees 
     concerning the specific negotiating objectives. Congress must 
     also be notified of negotiations commenced before enactment 
     of this act for the resulting agreement to receive fast track 
     treatment.
       Sec. 4(a). Notification.--In order for a trade agreement to 
     be considered under fast track procedures, the President must 
     notify Congress at least 120 days before the agreement is 
     entered into. Once the agreement is entered into, the 
     President submits a draft implementing bill and supporting 
     documentation. Only necessary provisions are permitted in the 
     implementing bill.
       Sec. 4(b). Application of fast track procedures.--Fast 
     track authority is available for agreements entered into by 
     June 1, 2003, with the possibility of a two year extension 
     for the deadline. In contrast to previous acts, the fast 
     track authority provided for in this bill would permit 
     amendments to provisions of the implementing bill that are 
     revenue provisions related to pay/go. If there is no 
     agreement in conference over the revenue amendments, the 
     unamended implementing bill submitted by the President would 
     be voted on.
       Sec. 4(c). Disapproval resolution.--Congress may revoke 
     fast track within the 60 day consultation period prior to 
     initiation of negotiations. Fast track can also be revoked at 
     any time during the negotiations for lack of consultations if 
     disapproval resolutions are passed separately by both Houses 
     within any 60 day period.

[[Page S897]]

       Sec. 5. Extension of fast track procedures.--Fast track 
     procedures apply to any agreement entered into before June 1, 
     2003, with the possibility of a two year extension. The 
     extension will be denied if either House passes a disapproval 
     resolution.
       Sec. 6. Conforming amendments.
       Sec. 7. Advisory committee reports.--Private sector 
     advisory committee reports have to be submitted not more than 
     45 days after the President notifies Congress of his intent 
     to enter into an agreement.
                                 ______