[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.


[[Page 682]]


            (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:

[[Page 685]]

                        (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.)

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                     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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