    [United States Senate Manual, 104th Congress]
    [S. Doc. 104-1]
    [USCODETITLE]
    [Pages 679-701]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 679]]

                                  TITLE 19.--CUSTOMS DUTIES

                                        * * * * * * *

                               Chapter 12.--TRADE ACT OF 1974

                                        * * * * * * *

                       Subchapter I.--Negotiating and Other Authority

                                        * * * * * * *

                     Part 5.--CONGRESSIONAL PROCEDURES WITH RESPECT TO
                                    PRESIDENTIAL ACTIONS

         465.4  Sec. 2191. Bills implementing trade agreements on nontariff
                    barriers and resolutions approving commercial agreements
                    with Communist countries.
                (a) Rules of House of Representatives and Senate.
                    This section and sections 2192 and 2193 of this title
                are enacted by the Congress--
                            (1) as an exercise of the rulemaking power of
                        the House of Representatives and the Senate,
                        respectively, and as such they are deemed a part of
                        the rules of each House, respectively, but
                        applicable only with respect to the procedure to be
                        followed in that House in the case of implementing
                        bills described in subsection (b)(1) of this
                        section, implementing revenue bills described in
                        subsection (b)(2) of this section, approval
                        resolutions described in subsection (b)(3) of this
                        section, and resolutions described in sections
                        2192(a) and 2193(a) of this title; and they
                        supersede other rules only to the extent that they
                        are inconsistent therewith; and
                            (2) with full recognition of the constitutional
                        right of either House to change the rules (so far as
                        relating to the procedure of that House) at any
                        time, in the same manner and to the same extent as
                        in the case of any other rule of that House.

                (b) Definitions.
                    For purposes of this section--
                            (1) The term ``implementing bill'' means only a
                        bill of either House of Congress which is introduced
                        as provided in subsection (c) of this section with
                        respect to one or more trade agreements, or with
                        respect to an extension described in section
                        3572(c)(3) of this title, submitted to the House of
                        Representatives and the Senate under section 2112,
                        section 2903(a)(1) of this title, or section 3572 of
                        this title and which contains--

                                    (A) a provision approving such trade
                                agreement or agreements or such extension,

                                    (B) a provision approving the statement
                                of administrative action (if any) proposed
                                to implement such trade agreement or
                                agreements, and

    [[Page 680]]

                                    (C) if changes in existing laws or new
                                statutory authority is required to implement
                                such trade agreement or agreements or such
                                extension, provisions, necessary or
                                appropriate to implement such trade
                                agreement or agreements or such extension,
                                either repealing or amending existing laws
                                or providing new statutory authority.

                            (2) The term ``implementing revenue bill or
                        resolution'' means an implementing bill, or approval
                        resolution, which contains one or more revenue
                        measures by reason of which it must originate in the
                        House of Representatives.
                            (3) The term ``approval resolution'' means only
                        a joint resolution of the two Houses of the
                        Congress, the matter after the resolving clause of
                        which is as follows: ``That the Congress approves
                        the extension of nondiscriminatory treatment with
                        respect to the products of ---------- transmitted by
                        the President to the Congress on ------.'', the
                        first blank space being filled with the name of the
                        country involved and the second blank space being
                        filled with the appropriate date.

                (c) Introduction and referral.
                    (1) On the day on which a trade agreement is submitted
                to the House of Representatives and the Senate under section
                2112, or section 3572 of this title, the implementing bill
                submitted by the President with respect to such trade
                agreement or extension shall be introduced (by request) in
                the House by the majority leader of the House, for himself
                and the minority leader of the House, or by Members of the
                House designated by the majority leader and minority leader
                of the House; and shall be introduced (by request) in the
                Senate by the majority leader of the Senate, for himself and
                the minority leader of the Senate, or by Members of the
                Senate designated by the majority leader and minority leader
                of the Senate. If either House is not in session on the day
                on which such a trade agreement or extension is submitted,
                the implementing bill shall be introduced in that House, as
                provided in the preceding sentence, on the first day
                thereafter on which that House is in session. Such bills
                shall be referred by the Presiding Officers of the
                respective Houses to the appropriate committee, or, in the
                case of a bill containing provisions within the jurisdiction
                of two or more committees, jointly to such committees for
                consideration of those provisions within their respective
                jurisdictions.
                    (2) On the day on which a bilateral commercial
                agreement, entered into under subchapter IV of this chapter
                after January 3, 1975, is transmitted to the House of
                Representatives and the Senate, an approval resolution with
                respect to such agreement shall be introduced (by request)
                in the House by the majority leader of the House, for
                himself and the minority leader of the House, or by Members
                of the House designated by the majority leader and minority
                leader of the House; and shall be introduced (by request) in
                the Senate by the majority leader of the Senate, for himself
                and the minority leader of the Senate, or by Members of the
                Senate designated by the majority leader and minority leader
                of the Senate. If either House is not in session on the day
                on which such an agreement is transmitted, the approval
                resolution with respect to such agreement shall be
                introduced in that House, as provided in the preceding
                sentence, on the first day thereafter on

    [[Page 681]]

                which that House is in session. The approval resolution
                introduced in the House shall be referred to the Committee
                on Ways and Means and the approval resolution introduced in
                the Senate shall be referred to the Committee on Finance.

                (d) Amendments prohibited.
                    No amendment to an implementing bill or approval
                resolution shall be in order in either the House of
                Representatives or the Senate; and no motion to suspend the
                application of this subsection shall be in order in either
                House, nor shall it be in order in either House for the
                Presiding Officer to entertain a request to suspend the
                application of this subsection by unanimous consent.

                (e) Period for committee and floor consideration.
                    (1) Except as provided in paragraph (2), if the
                committee or committees of either House to which an
                implementing bill or approval resolution has been referred
                have not reported it at the close of the 45th day after its
                introduction, such committee or committees shall be
                automatically discharged from further consideration of the
                bill or resolution and it shall be placed on the appropriate
                calendar. A vote on final passage of the bill or resolution
                shall be taken in each House on or before the close of the
                15th day after the bill or resolution is reported by the
                committee or committees of that House to which it was
                referred, or after such committee or committees have been
                discharged from further consideration of the bill or
                resolution. If prior to the passage by one House of an
                implementing bill or approval resolution of that House, that
                House receives the same implementing bill or approval
                resolution from the other House, then--
                            (A) the procedure in that House shall be the
                        same as if no implementing bill or approval
                        resolution had been received from the other House;
                        but
                            (B) the vote on final passage shall be on the
                        implementing bill or approval resolution of the
                        other House.
                    (2) The provisions of paragraph (1) shall not apply in
                the Senate to an implementing revenue bill or resolution. An
                implementing revenue bill or resolution received from the
                House shall be referred to the appropriate committee or
                committees of the Senate. If such committee or committees
                have not reported such bill at the close of the 15th day
                after its receipt by the Senate (or, if later, before the
                close of the 45th day after the corresponding implementing
                revenue bill or resolution was introduced in the Senate),
                such committee or committees shall be automatically
                discharged from further consideration of such bill or
                resolution and it shall be placed on the calendar. A vote on
                final passage of such bill or resolution shall be taken in
                the Senate on or before the close of the 15th day after such
                bill or resolution is reported by the committee or
                committees of the Senate to which it was referred, or after
                such committee or committees have been discharged from
                further consideration of such bill or resolution.
                    (3) For purposes of paragraphs (1) and (2), in computing
                a number of days in either House, there shall be excluded
                any day on which that House is not in session.

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                (f) Floor consideration in the House.
                    (1) A motion in the House of Representatives to proceed
                to the consideration of an implementing bill or approval
                resolution shall be highly privileged and not debatable. An
                amendment to the motion shall not be in order, nor shall it
                be in order to move to reconsider the vote by which the
                motion is agreed to or disagreed to.
                    (2) Debate in the House of Representatives on an
                implementing bill or approval resolution shall be limited to
                not more than 20 hours, which shall be divided equally
                between those favoring and those opposing the bill or
                resolution. A motion further to limit debate shall not be
                debatable. It shall not be in order to move to recommit an
                implementing bill or approval resolution or to move to
                reconsider the vote by which an implementing bill or
                approval resolution is agreed to or disagreed to.
                    (3) Motions to postpone, made in the House of
                Representatives with respect to the consideration of an
                implementing bill or approval resolution, and motions to
                proceed to the consideration of other business, shall be
                decided without debate.
                    (4) All appeals from the decisions of the chair relating
                to the application of the Rules of the House of
                Representatives to the procedure relating to an implementing
                bill or approval resolution shall be decided without debate.
                    (5) Except to the extent specifically provided in the
                preceding provisions of this subsection, consideration of an
                implementing bill or approval resolution shall be governed
                by the Rules of the House of Representatives applicable to
                other bills and resolutions in similar circumstances.

                (g) Floor consideration in the Senate.
                    (1) A motion in the Senate to proceed to the
                consideration of an implementing bill or approval resolution
                shall be privileged and not debatable. An amendment to the
                motion shall not be in order, nor shall it be in order to
                move to reconsider the vote by which the motion is agreed to
                or disagreed to.
                    (2) Debate in the Senate on an implementing bill or
                approval resolution, and all debatable motions and appeals
                in connection therewith, shall be limited to not more than
                20 hours. The time shall be equally divided between, and
                controlled by, the majority leader and the minority leader
                or their designees.
                    (3) Debate in the Senate on any debatable motion or
                appeal in connection with an implementing bill or approval
                resolution shall be limited to not more than 1 hour, to be
                equally divided between, and controlled by, the mover and
                the manager of the bill or resolution, except that in the
                event the manager of the bill or resolution is in favor of
                any such motion or appeal, the time in opposition thereto,
                shall be controlled by the minority leader or his designee.
                Such leaders, or either of them, may, from time under their
                control on the passage of an implementing bill or approval
                resolution, allot additional time to any Senator during the
                consideration of any debatable motion or appeal.
                    (4) A motion in the Senate to further limit debate is
                not debatable. A motion to recommit an implementing bill or
                approval resolution is not in order. (Jan. 3, 1975, Pub. L.
                93-618, Sec.  151, 88 Stat. 2001; Aug. 23, 1988, Pub. L.
                100-418, Sec. 1007(b)(1), 102 Stat. 1135; Aug. 20, 1990,

    [[Page 683]]

                Pub. L. 101-382, Sec. 132(b)(2), 104 Stat. 645; Dec. 8,
                1994, Pub. L. 103-465, title II, Sec. 282(c)(4), 108 Stat.
                4929.)
         465.5  Sec. 2192. Resolutions disapproving certain actions.
                (a) Contents of resolutions.
                    (1) For purposes of this section, the term
                ``resolution'' means only--
                            (A) a joint resolution of the two Houses of the
                        Congress, the matter after the resolving clause of
                        which is as follows: ``That the Congress does not
                        approve the action taken by, or the determination
                        of, the President under section 203 of the Trade Act
                        of 1974 [19 U.S.C. 2253] transmitted to the Congress
                        on ----------'', the blank space being filled with
                        the appropriate date; and
                            (B) a joint resolution of the two Houses of
                        Congress, the matter after the resolving clause of
                        which is as follows: ``That the Congress does not
                        approve ---------- transmitted to the Congress on --
                        --------'', with the first blank space being filled
                        in accordance with paragraph (2), and the second
                        blank space being filled with the appropriate date.
                    (2) The first blank space referred to in paragraph
                (1)(B) shall be filled, in the case of a resolution referred
                to in section 2437(c)(2) of this title, with the phrase
                ``the report of the President submitted under section ------
                of the Trade Act of 1974 with respect to ----------'' (with
                the first blank space being filled with ``402(b)'' or
                ``409(b)'' [19 U.S.C. 2432(b) or 2439(b)] as appropriate,
                and the second blank space being filled with the name of the
                country involved).
                (b) Reference to committees.
                    All resolutions introduced in the House of
                Representatives shall be referred to the Committee on Ways
                and Means and all resolutions introduced in the Senate shall
                be referred to the Committee on Finance.

                (c) Discharge of committees.
                    (1) If the committee of either House to which a
                resolution has been referred has not reported it at the end
                of 30 days after its introduction, not counting any day
                which is excluded under section 2194(b) of this title, it is
                in order to move either to discharge the committee from
                further consideration of the resolution or to discharge the
                committee from further consideration of any other resolution
                introduced with respect to the same matter, except that a
                motion to discharge--
                            (A) may only be made on the second legislative
                        day after the calendar day on which the Member
                        making the motion announces to the House his
                        intention to do so; and
                            (B) is not in order after the Committee has
                        reported a resolution with respect to the same
                        matter.
                    (2) A motion to discharge under paragraph (1) may be
                made only by an individual favoring the resolution, and is
                highly privileged in the House and privileged in the Senate;
                and debate thereon shall be limited to not more than 1 hour,
                the time to be divided in the House equally between those
                favoring and those opposing the resolution, and to be
                divided in the Senate equally between, and controlled by,
                the majority leader and the minority leader or their
                designees. An amendment to the motion is not in order, and
                it is not in order

    [[Page 684]]

                to move to reconsider the vote by which the motion is agreed
                to or disagreed to.

                (d) Floor consideration in the House.
                    (1) A motion in the House of Representatives to proceed
                to the consideration of a resolution shall be highly
                privileged and not debatable. An amendment to the motion
                shall not be in order, nor shall it be in order to move to
                reconsider the vote by which the motion is agreed to or
                disagreed to.
                    (2) Debate in the House of Representatives on a
                resolution shall be limited to not more than 20 hours, which
                shall be divided equally between those favoring and those
                opposing the resolution. A motion further to limit debate
                shall not be debatable. No amendment to, or motion to
                recommit, the resolution shall be in order. It shall not be
                in order to move to reconsider the vote by which a
                resolution is agreed to or disagreed to.
                    (3) Motions to postpone, made in the House of
                Representatives with respect to the consideration of a
                resolution, and motions to proceed to the consideration of
                other business shall be decided without debate.
                    (4) All appeals from the decisions of the Chair relating
                to the application of the Rules of the House of
                Representatives to the procedure relating to a resolution
                shall be decided without debate.
                    (5) Except to the extent specifically provided in the
                preceding provisions of this subsection, consideration of a
                resolution in the House of Representatives shall be governed
                by the Rules of the House of Representatives applicable to
                other resolutions in similar circumstances.

                (e) Floor consideration in the Senate.
                    (1) A motion in the Senate to proceed to the
                consideration of a resolution shall be privileged. An
                amendment to the motion shall not be in order, nor shall it
                be in order to move to reconsider the vote by which the
                motion is agreed to or disagreed to.
                    (2) Debate in the Senate on a resolution, and all
                debatable motions and appeals in connection therewith, shall
                be limited to not more than 20 hours, to be equally divided
                between, and controlled by, the majority leader and the
                minority leader or their designees.
                    (3) Debate in the Senate on any debatable motion or
                appeal in connection with a resolution shall be limited to
                not more than 1 hour, to be equally divided, between, and
                controlled by, the mover and the manager of the resolution,
                except that it the event the manager of the resolution is in
                favor of any such motion or appeal, the time in opposition
                thereto, shall be controlled by the minority leader or his
                designee. Such leaders, or either of them, may, from time
                under their control on the passage of a resolution, allot
                additional time to any Senator during the consideration of
                any debatable motion or appeal.
                    (4) A motion in the Senate to further limit debate on a
                resolution, debatable motion, or appeal is not debatable. No
                amendment to, or motion to recommit, a resolution is in
                order in the Senate.
                (f) Procedures in the Senate.
                    (1) Except as otherwise provided in the section, the
                following procedures shall apply in the Senate to a
                resolution to which this section applies:

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                            (A)(i) Except as provided in clause (ii), a
                        resolution that has passed the House of
                        Representatives shall, when received in the Senate,
                        be referred to the Committee on Finance for
                        consideration in accordance with this section.
                            (ii) If a resolution to which this section
                        applies was introduced in the Senate before receipt
                        of a resolution that has passed the House of
                        Representatives, the resolution from the House of
                        Representatives shall, when received in the Senate
                        be placed on the calendar. If this clause applies,
                        the procedures in the Senate with respect to a
                        resolution introduced in the Senate that contains
                        the identical matter as the resolution that passed
                        the House of Representatives shall be the same as if
                        no resolution had been received from the House of
                        Representatives, except that the vote on passage in
                        the Senate shall be on the resolution that passed
                        the House of Representatives.
                            (B) If the Senate passes a resolution before
                        receiving from the House of Representatives a joint
                        resolution that contains the identical matter, the
                        joint resolution shall be held at the desk pending
                        receipt of the joint resolution from the House of
                        Representatives. Upon receipt of the joint
                        resolution from the House of Representatives, such
                        joint resolution shall be deemed to be read twice,
                        considered, read the third time, and passed.
                    (2) If the texts of joint resolutions described in
                section 2192 or 2193(a) of this title, whichever is
                applicable, concerning any matter are not identical--
                            (A) the Senate shall vote passage on the
                        resolution introduced in the Senate, and
                            (B) the text of the joint resolution passed by
                        the Senate shall, immediately upon its passage (or,
                        if later, upon receipt of the joint resolution
                        passed by the House), be substituted for the text of
                        the joint resolution passed by the House of
                        Representatives, and such resolution, as amended,
                        shall be returned with a request for a conference
                        between the two Houses.
                    (3) Consideration in the Senate of any veto message with
                respect to a joint resolution described in subsection
                (a)(2)(B) of this section or section 2193(a) of this title,
                including consideration of all debatable motions and appeals
                in connection therewith, shall be limited to 10 hours, to be
                equally divided between, and controlled by, the majority
                leader and the minority leader or their designees. (Jan. 3,
                1975, Pub. L. 93-618, Sec. 152, 88 Stat. 2004; July 26,
                1979, Pub. L. 96-39, Sec. 902(a)(1), 1106(c)(5), 93 Stat
                299, 312; Oct. 30, 1984, Pub. L. 98-573, Sec. 248(b), 98
                Stat. 2998; Aug. 20, 1990, Pub. L. 101-382, Sec. 132(c)(2)-
                (5), 104 Stat. 646, 647; Dec. 8, 1994, Pub. L. 103-465,
                Sec. 261(d)(1)(A)(ii), 108 Stat. 4909.)
         465.6  Sec. 2193. Resolutions relating to extension of waiver
                    authority under section 402 of the Trade Act of 1974.
                (a) Contents of resolutions.
                    For purposes of this section the term ``resolution''
                means only a joint resolution of the two Houses of Congress,
                the matter after the resolving clause of which is as
                follows: ``That the Congress does not approve the extension
                of the authority contained in section 402(c) of the Trade
                Act of 1974 [19 U.S.C. 2432(c)] recommended by the President
                to the

    [[Page 686]]

                Congress on ---------- with respect to ----------,'' with
                the first blank space being filled with the appropriate
                date, and the second blank space being filled with the names
                of those countries, if any, with respect to which such
                extension of authority is not approved and with the clause
                beginning with ``with respect to'' being omitted if the
                extension of the authority is not approved with respect to
                any country.
                (b) Application of rules of section 2192 of this title;
                    exceptions.
                    (1) Except as provided in this section, the provisions
                of section 2192 of this title shall apply to resolutions
                described in subsection (a) of this section.
                    (2) In applying section 2192(c)(1) of this title, all
                calendar days shall be counted.
                    (3) That part of section 2192(d)(2) of this title which
                provides that no amendment is in order shall not apply to
                any amendment to a resolution which is limited to striking
                out or inserting the names of one or more countries or to
                striking out or inserting a with-respect-to clause. Debate
                in the House of Representatives on any amendment to a
                resolution shall be limited to not more than 1 hour which
                shall be equally divided between those favoring and those
                opposing the amendment. A motion in the House to further
                limit debate on an amendment to a resolution is not
                debatable.
                    (4) That part of section 2192(e)(4) of this title which
                provides that no amendment is in order shall not apply to
                any amendment to a resolution which is limited to striking
                out or inserting the names of one or more countries or to
                striking out or inserting a with-respect-to clause. The time
                limit on a debate on a resolution in the Senate under
                section 2192(e)(2) of this title shall include all
                amendments to a resolution. Debate in the Senate on any
                amendment to a resolution shall be limited to not more than
                1 hour, to be equally divided between, and controlled by,
                the mover and the manager of the resolution, except that in
                the event the manager of the resolution is in favor of any
                such amendment, the time in opposition thereto shall be
                controlled by the minority leader or his designee. The
                majority leader and minority leader may, from time under
                their control on the passage of a resolution, 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 a resolution is not debatable.

                (c) Consideration of second resolution not in order.
                    It shall not be in order in either the House of
                Representatives or the Senate to consider a resolution with
                respect to a recommendation of the President under section
                2432(d) of this title (other than a resolution described in
                subsection (a) of this section received from the other
                House), if that House has adopted a resolution with resepct
                to the same recommendation. (Jan. 3, 1975, Pub. L. 93-618,
                Sec. 153, 88 stat. 2006.)

                (d) Procedures relating to conference reports in the Senate.
                    (1) Consideration in the Senate of the conference report
                on any joint resolution described in subsection (a) of this
                section, 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 10 hours, to be equally
                divided between,

    [[Page 687]]

                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
                1 hour, to be equally divided between, and controlled by,
                the mover and the manager of the conference report.
                    (2) In any case in which there are amendments in
                disagreement, time on each amendment shall be limited to 30
                minutes, to be equally divided between, and controlled by,
                the manager of the conference report and the minority leader
                or his designee. No amendment to any amendment in
                disagreement shall be received unless it is a germane
                amendment. (Aug. 20, 1990, Pub. L. 101-382, Sec. 132(a)(3)-
                (6), 104 Stat. 644, 645.)
         465.7  Sec. 2194. Special rules relating to Congressional
                    procedures.
                    (a) Whenever, pursuant to section 2112(c), 2253(b),
                2432(d), or 2437 (a) or (b), or section 1303(e) of this
                title, a document is required to be transmitted to the
                Congress, copies of such document shall be delivered to both
                Houses of Congress on the same day and shall be delivered to
                the Clerk of the House of Representatives if the House is
                not in session and to the Secretary of the Senate if the
                Senate is not in session.
                    (b) For purposes of sections 2253(c) and 2437(c)(2), of
                this title, the 90-day period referred to in such sections
                shall be computed by excluding--
                            (1) the days on which either House is not in
                        session because of an adjournment of more than 3
                        days to a day certain or an adjournment of the
                        Congress sine die, and
                            (2) any Saturday and Sunday, not excluded under
                        paragraph (1), when either House is not in session.
                        (Jan. 3, 1975, Pub. L. 93-618, Sec. 154, 88 Stat.
                        2008; July 26, 1979, Pub. L. 96-39, Sec. 902(a)(2),
                        93 Stat. 300; Aug. 20, 1990, Pub. L. 101-382,
                        Sec. 132(c)(6), 104 Stat. 647.)

                         Part 6.--CONGRESSIONAL LIAISON AND REPORTS

         465.8  Sec. 2211. Congressional advisers for trade policy and
                    negotiations.
                    (a) Selection.
                            (1) At the beginning of each regular session of
                        Congress, the Speaker of the House of
                        Representatives, upon the recommendation of the
                        chairman of the Committee on Ways and Means, shall
                        select 5 members (not more than 3 of whom are
                        members of the same political party) of such
                        committee, and the President pro tempore of the
                        Senate, upon the recommendation of the chairman of
                        the Committee on Finance, shall select 5 members
                        (not more than 3 of whom are members of the same
                        political party) of such committee, who shall be
                        designated congressional advisers on trade policy
                        and negotiations. They shall provide advice on the
                        development of trade policy and priorities for the
                        implementation thereof. They shall also be
                        accredited by the United States Trade Representative
                        on behalf of the President as official advisers to
                        the United States delegations to international
                        conferences, meetings, and negotiating sessions
                        relating to trade agreements.

    [[Page 688]]

                            (2)(A) In addition to the advisers designated
                        under paragraph (1) from the Committee on Ways and
                        Means and the Committee on Finance--

                                    (i) the Speaker of the House may select
                                additional members of the House, for
                                designation as congressional advisers
                                regarding specific trade policy matters or
                                negotiations, from any other committee of
                                the House or joint committee of Congress
                                that has jurisdiction over legislation
                                likely to be affected by such matters or
                                negotiations; and

                                    (ii) the President pro tempore of the
                                Senate may select additional members of the
                                Senate, for designation as congressional
                                advisers regarding specific trade policy
                                matters or negotiations, from any other
                                committee of the Senate or joint committee
                                of Congress that has jurisdiction over
                                legislation likely to be affected by such
                                matters or negotiations.

                        Members of the House and Senate selected as
                        congressional advisers under this subparagraph shall
                        be accredited by the United States Trade
                        Representative.
                            (B) Before designating any member under
                        subparagraph (A), the Speaker or the President pro
                        tempore shall consult with--

                                    (i) the chairman and ranking member of
                                the Committee on Ways and Means or the
                                Committee on Finance, as appropriate; and

                                    (ii) the chairman and ranking minority
                                member of the committee from which the
                                member will be selected.

                            (C) Not more than 3 members (not more than 2 of
                        whom are members of the same political party) may be
                        selected under this paragraph as advisers from any
                        committee of Congress.
                    (b) Briefing.
                            (1) The United States Trade Representative shall
                        keep each official adviser designated under
                        subsection (a)(1) currently informed on matters
                        affecting the trade policy of the United States and,
                        with respect to possible agreements, negotiating
                        objectives, the status of negotiations in progress,
                        and the nature of any changes in domestic law or the
                        administration thereof which may be recommended to
                        Congress to carry out any trade agreement or any
                        requirement of, amendment to, or recommendation
                        under, such agreement.
                            (2) The United States Trade Representative shall
                        keep each official adviser designated under
                        subsection (a)(2) of this section currently informed
                        regarding the trade policy matters and negotiations
                        with respect to which the adviser is designated.
                            (3)(A) The chairmen of the Committee on Ways and
                        Means and the Committee on Finance may designate
                        members (in addition to the official advisers under
                        subsection (a)(1) of this section) and staff members
                        of their respective committees who shall have access
                        to the information provided to official advisers
                        under paragraph (1).
                            (B) The chairman of any committee of the House
                        or Senate or any joint committee of Congress from
                        which official advisers are selected under
                        subsection (a)(2) may designate other members of
                        such committee, and staff members of such committee,
                        who shall have access to the information provided to
                        official advisers under paragraph (2).

    [[Page 689]]

                    (c) Committee Consultation.
                            The United States Trade Representative shall
                        consult on a continuing basis with the Committee on
                        Ways and Means of the House of Representatives, the
                        Committee on Finance of the Senate, and the other
                        appropriate committees of the House and Senate on
                        the development, implementation, and administration
                        of overall trade policy of the United States. Such
                        consultations shall include, but are not limited to,
                        the following elements of such policy:
                            (1) The principal multilateral and bilateral
                        negotiating objectives and the progress being made
                        toward their achievement.
                            (2) The implementation, administration, and
                        effectiveness of recently concluded multilateral and
                        bilateral trade agreements and resolution of trade
                        disputes.
                            (3) The actions taken, and proposed to be taken,
                        under the trade laws of the United States and the
                        effectiveness, or anticipated effectiveness, of such
                        actions in achieving trade policy objectives.
                            (4) The important developments and issues in
                        other areas of trade for which there must be
                        developed proper policy response.

                When necessary, meetings shall be held with each Committee
                in executive session to review matters under negotiation.
                (Jan. 3, 1975, Pub. L. 98-618, Sec. 161, 88 Stat. 2008; July
                26, 1979, Pub. L. 96-39, Sec. 3(e), 93 Stat. 150; Jan. 2,
                1980, 1979 Reorg. Plan No. 3, Sec. (b)(1), 93 Stat. 1381;
                Aug. 23, 1988, Pub. L. 100-418, Sec. 1632, 102 Stat. 1269.)

         465.9  Sec. 2212. Transmission of agreements to Congress.
                    (a) As soon as practicable after a trade agreement
                entered into under section 2133 or 2134 of this title or
                under section 1102 of the Omnibus Trade and Competitiveness
                Act of 1988 (19 U.S.C. 2902) has entered into force with
                respect to the United States, the President shall, if he has
                not previously done so, transmit a copy of such trade
                agreement to each House of the Congress together with a
                statement, in the light of the advice of the International
                Trade Commission under section 2151(b) of this title, if
                any, and of other relevant considerations, of his reasons
                for entering into the agreement.
                    (b) The President shall transmit to each Member of the
                Congress a summary of the information required to be
                transmitted to each House under subsection (a) of this
                section. For purposes of this subsection, the term
                ``Member'' includes any Delegate or Resident Commissioner.
                (Jan. 3, 1975, Pub. L. 93-618, Sec. 162, 88 Stat. 2008; Nov.
                10, 1988, Pub. L. 100-697, Sec. 9001(a)(10), 102 Stat.
                3807.)
        465.10  Sec. 2213. Reports.
                    (a) Annual Report on Trade Agreements Program and
                National Trade Policy Agenda.
                            (1) The President shall submit to the Congress
                        during each calendar year (but not later than March
                        1 of that year) a report on--

                                    (A) the operation of the trade
                                agreements program, and the provision of
                                import relief and adjustment assistance to
                                workers and firms, under this Act during the
                                preceding calendar year; and

                                    (B) the national trade policy agenda for
                                the year in which the report is submitted.

    [[Page 690]]

                            (2) The report shall include, with respect to
                        the matters referred to in paragraph (1)(A),
                        information regarding--

                                    (A) new trade negotiations;

                                    (B) changes made in duties and nontariff
                                barriers and other distortions of trade of
                                the United States;

                                    (C) reciprocal concessions obtained;

                                    (D) changes in trade agreements
                                (including the incorporation therein of
                                actions taken for import relief and
                                compensation provided therefor);

                                    (E) the extension or withdrawal of
                                nondiscriminatory treatment by the United
                                States with respect to the products of
                                foreign countries;

                                    (F) the extension, modification,
                                withdrawal, suspension, or limitation of
                                preferential treatment to exports of
                                developing countries;

                                    (G) the results of actions to obtain the
                                removal of foreign trade restrictions
                                (including discriminatory restrictions)
                                against United States exports and the
                                removal of foreign practices which
                                discriminate against United States service
                                industries (including transportation and
                                tourism) and investment;

                                    (H) the measures being taken to seek the
                                removal of other significant foreign import
                                restrictions;

                                    (I) each of the referrals made under
                                section 2171(d)(1)(B) of this title and any
                                action taken with respect to such referral;

                                    (J) other information relating to the
                                trade agreements program and to the
                                agreements entered into thereunder; and

                                    (K) the number of applications filed for
                                adjustment assistance for workers and firms,
                                the number of such applications which were
                                approved, and the extent to which adjustment
                                assistance has been provided under such
                                approved applications.

                            (3)(A) The national trade policy agenda required
                        under paragraph (1)(B) for the year in which a
                        report is submitted shall be in the form of a
                        statement of--

                                    (i) the trade policy objectives and
                                priorities of the United States for the
                                year, and the reasons therefor;

                                    (ii) the actions proposed, or
                                anticipated, to be undertaken during the
                                year to achieve such objectives and
                                priorities, including, but not limited to,
                                actions authorized under the trade laws and
                                negotiations with foreign countries;

                                    (iii) any proposed legislation necessary
                                or appropriate to achieve any of such
                                objectives or priorities; and

                                    (iv) the progress that was made during
                                the preceding year in achieving the trade
                                policy objectives and priorities included in
                                the statement provided for that year under
                                this paragraph.

                            (B) The President may separately submit any
                        information referred to in subparagraph (A) to the
                        Congress in confidence if the President considers
                        confidentiality appropriate.
                            (C) Before submitting the national trade policy
                        agenda for any year, the President shall seek advice
                        from the appropriate advisory committees established
                        under section 2155 of this title and shall consult
                        with the appropriate committees of the Congress.
                            (D) The United States Trade Representative
                        (hereafter referred to in this section as the
                        ``Trade Representative'') and other appro-

    [[Page 691]]

                        priate officials of the United States Government
                        shall consult periodically with the appropriate
                        committees of the Congress regarding the annual
                        objectives and priorities set forth in each national
                        trade policy agenda with respect to--

                                    (i) the status and results of the
                                actions that have been undertaken to achieve
                                the objectives and priorities; and

                                    (ii) any development which may require,
                                or result in, changes to any of such
                                objectives or priorities.

                    (b) Annual Trade Projection Report.
                            (1) In order for the Congress to be informed of
                        the impact of foreign trade barriers and
                        macroeconomic factors on the balance of trade of the
                        United States, the Trade Representative and the
                        Secretary of the Treasury shall jointly prepare and
                        submit to the Committee on Finance of the Senate and
                        the Committee on Ways and Means of the House of
                        Representatives (hereafter referred to in this
                        subsection as the ``Committees'') on or before March
                        1 of each year a report which consists of--

                                    (A) a review and analysis of--

                                            (i) the merchandise balance of
                                        trade,

                                            (ii) the goods and services
                                        balance of trade,

                                            (iii) the balance on the current
                                        account,

                                            (iv) the external debt position,

                                            (v) the exchange rates,

                                            (vi) the economic growth rates,

                                            (vii) the deficit or surplus in
                                        the fiscal budget, and

                                            (viii) the impact on United
                                        States trade of market barriers and
                                        other unfair practices,

                                of countries that are major trading partners
                                of the United States, including, as
                                appropriate, groupings of such countries;

                                    (B) projections for each of the economic
                                factors described in subparagraph (A)
                                (except those described in clauses (v) and
                                (viii)) for each of the countries and groups
                                of countries referred to in subparagraph (A)
                                for the year in which the report is
                                submitted and for the succeeding year; and

                                    (C) conclusions and recommendations,
                                based upon the projections referred to in
                                subparagraph (B), for policy changes,
                                including trade policy, exchange rate
                                policy, fiscal policy, and other policies
                                that should be implemented to improve the
                                outlook.

                            (2) To the extent that subjects referred to in
                        paragraph (1) (A), (B), or (C) are covered in the
                        national trade policy agenda required under
                        subsection (a)(1)(B) or in other reports required by
                        this Act or other law, the Trade Representative and
                        the Secretary of the Treasury may, as appropriate,
                        draw on the information, analysis, and conclusions,
                        if any, in those reports for the purposes of
                        preparing the report required by this subsection.
                            (3) The Trade Representative and the Secretary
                        of the Treasury shall consult with the Chairman of
                        the Board of Governors of the Federal Reserve System
                        in the preparation of each report required under
                        this subsection.
                            (4) The Trade Representative and the Secretary
                        of the Treasury may separately submit any
                        information, analysis, or conclusion referred to in
                        paragraph (1) to the Committees in confidence if the

    [[Page 692]]

                        Trade Representative and the Secretary consider
                        confidentiality appropriate.
                            (5) After submission of each report required
                        under paragraph (1), the Trade Representative and
                        the Secretary of the Treasury shall consult with
                        each of the Committees with respect to the report.
                    (c) ITC Reports.
                            The United States International Trade Commission
                        shall submit to the Congress, at least once a year,
                        a factual report on the operation of the trade
                        agreements program. (Jan. 3, 1975, Pub. L. 93-618,
                        Sec. 163, 88 Stat. 2009; Aug. 23, 1988, Pub. L. 100-
                        418, Sec. 1641, 102 Stat. 1271.)

                                        * * * * * * *

                             Part 8.--BARRIERS TO MARKET ACCESS

        465.11  Sec. 2241. Estimates of barriers to market access.

                (a) National trade estimates.

                        (1) In general.

                            For calendar year 1988, and for each succeeding
                        calendar year, the United States Trade
                        Representative, through the interagency trade
                        organization established pursuant to section 1872(a)
                        of this title and with the assistance of the
                        interagency advisory committee established under
                        section 2171(d)(2) of this title, shall--

                                    (A) identify and analyze acts, policies,
                                or practices of each foreign country which
                                constitute significant barriers to, or
                                distortions of--

                                            (i) United States exports of
                                        goods or services (including
                                        agricultural commodities; and
                                        property protected by trademarks,
                                        patents, and copyrights exported or
                                        licensed by United States persons),
                                        and

                                            (ii) foreign direct investment
                                        by United States persons, especially
                                        if such investment has implications
                                        for trade in goods or services;

                                    (B) make an estimate of the trade-
                                distorting impact on United States commerce
                                of any act, policy, or practice identified
                                under subparagraph (A); and

                                    (C) make an estimate, if feasible, of--

                                            (i) the value of additional
                                        goods and services of the United
                                        States, and

                                            (ii) the value of additional
                                        foreign direct investment by United
                                        States persons,

                                that would have been exported to, or
                                invested in, each foreign country during
                                such calendar year if each of such acts,
                                policies, and practices of such country did
                                not exist.
                        (2) Certain factors taken into account in making
                                analysis and estimate.
                            In making any analysis or estimate under
                        paragraph (1), the Trade Representative shall take
                        into account--

                                    (A) the relative impact of the act,
                                policy, or practice on United States
                                commerce;

    [[Page 693]]

                                    (B) the availability of information to
                                document prices, market shares, and other
                                matters necessary to demonstrate the effects
                                of the act, policy, or practice;

                                    (C) the extent to which such act,
                                policy, or practice is subject to
                                international agreements to which the United
                                States is a party;

                                    (D) any advice given through appropriate
                                committees established pursuant to section
                                2155 of this title; and

                                    (E) the actual increase in--

                                            (i) the value of goods and
                                        services of the United States
                                        exported to, and

                                            (ii) the value of foreign direct
                                        investment made in,

                            the foreign country during the calendar year for
                        which the estimate under paragraph (1)(C) is made.
                        (3) Annual revisions and updates.
                            The Trade Representative shall annually revise
                        and update the analysis and estimate under paragraph
                        (1).

                (b) Submission of report.

                        (1) In general.

                            On or before April 30, 1989, and on or before
                        March 31 of each succeeding calendar year, the Trade
                        Representative shall submit a report on the analysis
                        and estimates made under subsection (a) for the
                        calendar year preceding such calendar year (which
                        shall be known as the ``National Trade Estimate'')
                        to the President, the Committee on Finance of the
                        Senate, and appropriate committees of the House of
                        Representatives.
                        (2) Reports to include information with respect to
                                action being taken.
                            The Trade Representative shall include in each
                        report submitted under paragraph (1) information
                        with respect to any action taken (or the reasons for
                        no action taken) to eliminate any act, policy, or
                        practice identified under subsection (a), including,
                        but not limited to--
                            (A) any action under section 2411 of this title,
                            (B) negotiations or consultations with foreign
                        governments, or
                            (C) a section on foreign anticompetitive
                        practices, the toleration of which by foreign
                        governments is adversely affecting exports of United
                        States goods or services.
                        (3) Consultation with Congress on trade policy
                                priorities.
                            The Trade Representative shall keep the
                        committees described in paragraph (1) currently
                        informed with respect to trade policy priorities for
                        the purposes of expanding market opportunities.
                        After the submission of the report required by
                        paragraph (1), the Trade Representative shall also
                        consult periodically with, and take into account the
                        views of, the committees described in that paragraph
                        regarding means to address the foreign trade
                        barriers identified in the report, including the
                        possible initiation of investigations under section
                        2412 of this title or other trade actions.

    [[Page 694]]

                (c) Assistance of other agencies.
                       (1) Furnishing of information.
                            The head of each department or agency of the
                        executive branch of the Government, including any
                        independent agency, is authorized and directed to
                        furnish to the Trade Representative or to the
                        appropriate agency, upon request, such data,
                        reports, and other information as is necessary for
                        the Trade Representative to carry out his functions
                        under this section. In preparing the section of the
                        report required by subsection (b)(2)(C) of this
                        section, the Trade Representative shall consult in
                        particular with the Attorney General.
                        (2) Restrictions on release or use of information.
                            Nothing in this subsection shall authorize the
                        release of information to, or the use of information
                        by, the Trade Representative in a manner
                        inconsistent with law or any procedure established
                        pursuant thereto.
                        (3) Personnel and services.
                            The head of any department, agency, or
                        instrumentality of the United States may detail such
                        personnel, and may furnish such services, with or
                        without reimbursement, as the Trade Representative
                        may request to assist in carrying out his functions.

                (Jan. 3, 1975, Pub. L. 93-618, Sec. 181, 88 Stat. 2001; Oct.
                30, 1984, Pub. L. 98-573, Sec. 303(a), 98 Stat. 3001; Aug.
                23, 1988, Pub. L. 100-418, Sec. 1304, 102 Stat. 1181; Dec.
                8, 1994, Pub. L. 103-465, title III, Secs. 311(a), 312,
                108 Stat. 4938.)

                                        * * * * * * *

                    Chapter 17.--NEGOTIATION AND IMPLEMENTATION OF TRADE
                                         AGREEMENTS

                                        * * * * * * *

        465.12  Sec. 2903. Implementation of trade agreements.
                    (a) In General.
                            (1) Any agreement entered into under section
                        2902 (b) or (c) of this title shall enter into force
                        with respect to the United States if (and only if)--

                                    (A) the President, at least 90 calendar
                                days before the day on which he enters into
                                the trade agreement, notifies the House of
                                Representatives and the Senate of his
                                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 document to the
                                House of Representatives and to the Senate
                                containing 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 (2); and

                                    (C) the implementing bill is enacted
                                into law.

    [[Page 695]]

                            (2) 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 purposes, policies, and
                                        objectives of this title,

                                            (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),
                                                and why and to what extent
                                                the agreement does not
                                                achieve other applicable
                                                purposes, policies, and
                                                objectives,
                                                    (II) how the agreement
                                                serves the interests of
                                                United States commerce, and
                                                    (III) why the
                                                implementing bill and
                                                proposed administrative
                                                action is required or
                                                appropriate to carry out the
                                                agreement;

                                            (iii) describing the efforts
                                        made by the President to obtain
                                        international exchange rate
                                        equilibrium and any effect the
                                        agreement may have regarding
                                        increased international monetary
                                        stability; and

                                            (iv) describing the extent, if
                                        any, to which--

                                                    (I) each foreign country
                                                that is a party to the
                                                agreement maintains non-
                                                commercial state trading
                                                enterprises that may
                                                adversely affect, nullify,
                                                or impair the benefits to
                                                the United States under the
                                                agreement, and
                                                    (II) the agreement
                                                applies to or affects
                                                purchases and sale by such
                                                purchases and

                            (3) To ensure that a foreign country which
                        receives benefits under a trade agreement entered
                        into under section 2902(b) or (c) of this title 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) Except as provided in subsection (c)--

                                    (A) the provisions of section 2191 of
                                this title (hereinafter in this section
                                referred to as ``fast track procedures'')
                                apply to implementing bills submitted with
                                respect to trade agreements entered into
                                under section 2902 (b) or (c) of this title
                                before June 1, 1991; and

                                    (B) such fast track procedures shall be
                                extended to implementing bills submitted
                                with respect to trade agreements entered

    [[Page 696]]

                                into under section 2902 (b) or (c) of this
                                title after May 31, 1991, and before June 1,
                                1993, if (and only if)--

                                            (i) the President requests such
                                        extension under paragraph (2); and

                                            (ii) neither House of the
                                        Congress adopts an extension
                                        disapproval resolution under
                                        paragraph (5) before June 1, 1991.

                            (2) If the President is of the opinion that the
                        fast track procedures should be extended to
                        implementing bills described in paragraph (1)(B),
                        the President must submit to the Congress, no later
                        than March 1, 1991, 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 2902(b) or (c) of this title and the
                                anticipated schedule for submitting such
                                agreements to the Congress for approval;

                                    (B) a description of the progress that
                                has been made in multilateral and bilateral
                                negotiations to achieve the purposes,
                                policies, and objectives of this title, and
                                a statement that such progress justifies the
                                continuation of negotiations; and

                                    (C) a statement of the reasons why the
                                extension is needed to complete the
                                negotiations.

                            (3) 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 his decision to submit a
                        report to Congress under paragraph (2). The Advisory
                        Committee shall submit to the Congress as soon as
                        practicable, but no later than March 1, 1991, a
                        written report that contains--

                                    (A) its views regarding the progress
                                that has been made in multilateral and
                                bilateral negotiations to achieve the
                                purposes, policies, and objectives of this
                                title; 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) 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)(A) For purposes of this subsection, 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
                        1103(b)(1)(B)(i) of the Omnibus Trade and
                        Competitiveness Act of 1988 [19 U.S.C.
                        2903(b)(1)(B)(i)], of the provisions of section 151
                        of the Trade Act of 1974 [19 U.S.C. 2191] to any
                        implementing bill submitted with respect to any
                        trade agreement entered into under section 1102(b)
                        or (c) of such Act [19 U.S.C. 2902(b) or (c)] after
                        May 31 1991, 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) Extension disapproval resolutions--

                                    (i) may be introduced in either House of
                                the Congress by any member of such House;
                                and

    [[Page 697]]

                                    (ii) shall be jointly referred, in the
                                House of Representatives, to the Committee
                                on Ways and Means and the Committee on
                                Rules.

                            (C) The provisions of section 2192 (d) and (e)
                        of this title (relating to the floor consideration
                        of certain resolutions in the House and Senate)
                        apply to extension disapproval resolutions.
                            (D) It is not in order for--

                                    (i) the 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 the Congress to
                                consider an extension disapproval resolution
                                that is reported to such House after May 15,
                                1991.

                    (c) Limitations on Use of ``Fast Track'' Procedures.
                            (1)(A) The fast track procedures shall not apply
                        to any implementing bill submitted with respect to a
                        trade agreement entered into under section 2902(b)
                        or (c) of this title if both Houses of the Congress
                        separately agree to procedural disapproval
                        resolutions within any 60-day period.
                            (B) 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 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.

                            (C) The provisions of section 2192 (d) and (e)
                        of this title (relating to the floor consideration
                        of certain resolutions in the House and Senate)
                        apply to procedural disapproval resolutions.
                            (D) 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 the Committee on Rules.
                            (E) For purposes of this subsection, the term
                        ``procedural 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 President has failed or refused
                        to consult with Congress on trade negotiations and
                        trade agreements in accordance with the provisions
                        of the Omnibus Trade and Competitiveness Act of
                        1988, and, therefore, the provisions of section 151
                        of the Trade Act of 1974 [19 U.S.C. 2191] shall not
                        apply to any implementing bill submitted with
                        respect to any trade agreement entered into under
                        section 1102 (b) or (c) of such Act of 1988, [19
                        U.S.C. 2902(b) or (c)] if, during the 60-day period
                        beginning on the date on which this resolution is
                        agreed to by the ------, the ------ agrees to a
                        procedural disapproval resolution (within the
                        meaning of section 1103(c)(1)(E) of such Act of 1988
                        [19 U.S.C. 2903(c)(1)(E)].'', with the first blank
                        space being filled with the name of the resolving

    [[Page 698]]

                        House of the Congress and the second blank space
                        being filled with the name of the other House of the
                        Congress.
                            (2) The fast track procedures shall not apply to
                        any implementing bill that contains a provision
                        approving of any trade agreement which is entered
                        into under section 2902(c) of this title with any
                        foreign country if either--

                                    (A) the requirements of section
                                2902(c)(3) of this title are not met with
                                respect to the negotiation of such
                                agreement; or

                                    (B) the Committee on Finance of the
                                Senate or the Committee on Ways and Means of
                                the House of Representatives disapproves of
                                the negotiation of such agreement before the
                                close of the 60-day period which begins on
                                the date notice is provided under section
                                2902(c)(3)(i) of this title with respect to
                                the negotation of such agreement.

                    (d) Rules of House of Representatives and Senate.
                            Subsections (b) and (c) 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 is 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 the House.
                    (e) Computation of Certain Periods of Time.
                            Each period of time described in subsection
                        (c)(1) (A) and (E) and (2) of this section shall be
                        computed without regard to--
                            (1) the days on which either House of Congress
                        is not in session because of an adjournment of more
                        than 3 days to a day certain or an adjournment of
                        the Congress sine die; and
                            (2) any Saturday and Sunday, not excluded under
                        paragraph (1), when either House of the Congress is
                        not in session.

                (Aug. 23, 1988, Pub. L. 100-418, Sec. 1103, 102 Stat. 1128.)

                                        * * * * * * *

                         Chapter 22.--URUGUAY ROUND TRADE AGREEMENTS

                                        * * * * * * *

        465.13  Sec. 3534. Annual report on the WTO.
                    Not later than March 1 of each year beginning in 1996,
                the Trade Representative shall submit to the Congress a
                report describing, for the preceding fiscal year of the
                WTO--
                            (1) the major activities and work programs of
                        the WTO, including the functions and activities of
                        the committees established under article IV of the
                        WTO Agreement, and the expenditures made by the WTO
                        in connection with those activities and programs;
                            (2) the percentage of budgetary assessments by
                        the WTO that were accounted for by each WTO member
                        county, including the United States;
                            (3) the total number of personnel employed or
                        retained by the Secretariat of the WTO, and the
                        number of professional, administrative, and support
                        staff of the WTO;

    [[Page 699]]

                            (4) for each personnel category described in
                        paragraph (3), the number of citizens of each
                        country, and the average salary of the personnel, in
                        that category;
                            (5) each report issued by a panel or the
                        Appellate Body in a dispute settlement proceeding
                        regarding Federal or State law, and any efforts by
                        the Trade Representative to provide for
                        implementation of the recommendations contained in a
                        report that is adverse to the United States;
                            (6) each proceeding before a panel or the
                        Appellate Body that was initiated during that fiscal
                        year regarding Federal or State law, the status of
                        the proceeding, and the matter at issue;
                            (7) the status of consultations with any State
                        whose law was the subject of a report adverse to the
                        United States that was issued by a panel or the
                        Appellate Body; and
                            (8) any progress achieved in increasing the
                        transparency of proceedings of the Ministerial
                        Conference and the General Council, and of dispute
                        settlement proceedings conducted pursuant to the
                        Dispute Settlement Understanding. (Dec. 8, 1994,
                        Pub.L. 103-465, title I, Sec. 124, 108 Stat. 4832.)
        465.14  Sec. 3535. Review of participation in the WTO.
                (a) Report on the operation of the WTO.
                    The first annual report submitted to the Congress under
                section 3534 of this title--
                            (1) after the end of the 5-year period beginning
                        on the date on which the WTO Agreement enters into
                        force with respect to the United States, and
                            (2) after the end of every 5-year period
                        thereafter,

                shall include an analysis of the effects of the WTO
                Agreement on the interests of the United States, the costs
                and benefits to the United States of its participation in
                the WTO, and the value of the continued participation of the
                United States in the WTO.

                (b) Congressional disapproval of U.S. participation in the
                    WTO.

                        (1) General rule.

                            The approval of the Congress, provided under
                        section 3511(a) of this title, of the WTO Agreement
                        shall cease to be effective if, and only if, a joint
                        resolution described in subsection (c) of this
                        section is enacted into law pursuant to the
                        provisions of paragraph (2).

                        (2) Procedural provisions.

                                    (A) The requirements of this paragraph
                                are met if the joint resolution is enacted
                                under subsection (c) of this section, and--

                                            (i) the Congress adopts and
                                        transmits the joint resolution to
                                        the President before the end of the
                                        90-day period (excluding any day
                                        described in section 2194(b) of this
                                        title), beginning on the date on
                                        which the Congress receives a report
                                        referred to in subsection (a) of
                                        this section, and

                                            (ii) if the President vetoes the
                                        joint resolution, each House of
                                        Congress votes to override that veto
                                        on or before the later of the last
                                        day of the 90-day period referred to
                                        in clause (i) or the last day of the
                                        15-day period (excluding

    [[Page 700]]

                                        any day described in section 2194(b)
                                        of this title) beginning on the date
                                        on which the Congress receives the
                                        veto message from the President.

                                    (B) A joint resolution to which this
                                section applies may be introduced at any
                                time on or after the date on which the
                                President transmits to the Congress a report
                                described in subsection (a) of this section,
                                and before the end of the 90-day period
                                referred to in subparagraph (A).

                (c) Joint resolutions.
                        (1) Joint resolutions.
                            For purposes of this section, the term ``joint
                        resolution'' means only a joint resolution of the 2
                        House of Congress, the matter after the resolving
                        clause of which is as follows: ``That the Congress
                        withdraws its approval, provided under section
                        101(a) of the Uruguay Round Agreements Act, of the
                        WTO Agreement as defined in section 2(9) of that
                        Act.''.
                        (2) Procedures.

                                    (A) Joint resolutions may be introduced
                                in either House of the Congress by any
                                member of such House.

                                    (B) Subject to the provisions of this
                                subsection, the provisions of subsections
                                (b), (d), (e), and (f) of section 2192 of
                                this title apply to joint resolutions to the
                                same extent as such provisions apply to
                                resolutions under such section.

                                    (C) If the committee of either House to
                                which a joint resolution has been referred
                                has not reported it by the close of the 45th
                                day after its introduction (excluding any
                                day described in section 2194(b) of this
                                title), such committee shall be
                                automatically discharged from further
                                consideration of the joint resolution and it
                                shall be placed on the appropriate calendar.

                                    (D) It is not in order for--

                                            (i) the Senate to consider any
                                        joint resolution unless it has been
                                        reported by the Committee on Finance
                                        or the committee has been discharged
                                        under subparagraph (C); or

                                            (ii) the House of
                                        Representatives to consider any
                                        joint resolution unless it has been
                                        reported by the Committee on Ways
                                        and Means or the committee has been
                                        discharged under subparagraph (C).

                                    (E) A motion in the House of
                                Representatives to proceed to the
                                consideration of a joint resolution may only
                                be made on the second legislative day after
                                the calendar day on which the Member making
                                the motion announces to the House his or her
                                intention to do so.

                        (3) Consideration of second resolution not in order.
                            It shall not be in order in either the House of
                        Representatives or the Senate to consider a joint
                        resolution (other than a joint resolution received
                        from the other House), if that House has previously
                        adopted a joint resolution under this section.
                (d) Rules of House of Representatives and Senate.
                            This section is enacted by the Congress--

    [[Page 701]]

                                    (1) as an exercise of the rulemaking
                                power of the House of Representatives and
                                the Senate, respectively, and as such is
                                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 rules of that House.

                    (Dec. 8, 1994, Pub. L. 103-465, title I, Sec. 125, 108
                Stat. 4833.)

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