    [United States Senate Manual, 106th Congress]
    [S. Doc. 106-1]
    [USCODETITLE]
    [Pages 709-731]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 709]]

                                  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
         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 710]]

                                    (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 711]]

                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 712]]

                (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 713]]

                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
         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 to move

    [[Page 714]]

                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 715]]

                                (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; Pub. L. 104-295,
                Sec. 20(b)(10), Oct. 11, 1996, 110 Stat. 3527.)
         465.6
         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 716]]

                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 respect
                to the same recommendation.
                (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, and controlled by, the majority leader and
                the minority leader or their

    [[Page 717]]

                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. (Pub. L. 93-618, Title I, Sec. 153, Jan. 3, 1975,
                88 Stat. 2006; Aug. 20, 1990, Pub. L. 101-382,
                Sec. 132(a)(3)-(6), 104 Stat. 644, 645.)
         465.7
         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), 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; Pub. L. 103-465, Title II,
                            Sec. 261(d)(1)(A)(iii), Dec. 8, 1994, 108 Stat.
                            4909; June 25, 1999, Pub. L. 106-36,
                            Sec. 1001(a)(5), 113 Stat. 130.)

                         Part 6.--CONGRESSIONAL LIAISON AND REPORTS

         465.8
         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 718]]

                                (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 719]]

                    (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. 93-618, 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
         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. 100-647, Sec. 9001(a)(10), 102 Stat.
                3807.)
        465.10
        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 720]]

                                (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 721]]

                            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 722]]

                            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.--IDENTIFICATION OF MARKET BARRIERS AND CERTAIN
                                    UNFAIR TRADE ACTIONS

        465.11
        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),

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

                                            (iii) United States electronic
                                        commerce,

                                    (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,

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

                                            (iii) the value of additional
                                        United States electronic commerce,

                                that would have been exported to, or
                                invested in, or transacted with, each
                                foreign country during such calendar year if
                                each of such acts, policies, and practices
                                of such country did not exist.

    [[Page 723]]

                        (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;

                                    (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,

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

                                            (iii) the value of electronic
                                        commerce transacted with,

                                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) Reports.
                        (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) of this section 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

    [[Page 724]]

                            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.
                (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.
                (d) Electronic commerce.
                    For purposes of this section, the term ``electronic
                commerce'' has the meaning given that term in section
                1104(3) of the Internet Tax Freedom Act. (Pub. L. 93-618,
                Title I, Sec. 181, as added Pub. L. 98-573, Title III,
                Sec. 303(a), Oct. 30, 1984, 98 Stat. 3001, and amended Pub.
                L. 100-418, Title I, Sec. 1304, Aug. 23, 1988, 102 Stat.
                1181; Pub. L. 103-465, Title III, Secs. 311(a), 312, Dec. 8,
                1994, 108 Stat. 4938; Pub. L. 105-277, Div. C, Title XII,
                Sec. 1202, Oct. 21, 1998, 112 Stat. 2681-726.)

                                        * * * * * * *

                    Chapter 17.--NEGOTIATION AND IMPLEMENTATION OF TRADE
                                         AGREEMENTS

                                        * * * * * * *

        465.12
        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,

    [[Page 725]]

                                    (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.

                                (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 sales by such
                                                enterprises.

                                (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.

    [[Page 726]]

                    (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
                                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)],

    [[Page 727]]

                            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

                                    (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

    [[Page 728]]

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

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

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

                    (d) Rules of House of Representatives and Senate.
                                Subsections (b) and (c) are enacted by the
                            Congress--
                                (1) as an exercise of the rulemaking power
                            of the House of Representatives and the Senate,
                            respectively, and as such is deemed a part of
                            the rules of each House, respectively, and such
                            procedures supersede other rules only to the
                            extent that they are inconsistent with such
                            other rules; and
                                (2) with the full recognition of the
                            constitutional right of either House to change
                            the rules (so far as relating to the procedures
                            of that House) at any time, in the same manner,
                            and to the same extent as any other rule of the
                            House.
                    (e) Computation of certain periods of time.
                                Each period of time described in subsection
                            (c)(1)(A) and (E) and (2) of this section shall
                            be computed without regard to--
                                (1) the days on which either House of
                            Congress is not in session because of an
                            adjournment of more than 3 days to a day certain
                            or an adjournment of the Congress sine die; and
                                (2) any Saturday and Sunday, not excluded
                            under paragraph (1), when either House of the
                            Congress is not in session. (Aug. 23, 1988, Pub.
                            L. 100-418, Sec. 1103, 102 Stat. 1128.)

                                        * * * * * * *

                         Chapter 22.--URUGUAY ROUND TRADE AGREEMENTS

                                        * * * * * * *

        465.13
        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--

    [[Page 729]]

                                (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;
                                (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
        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).

    [[Page 730]]

                        (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 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 Houses 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

    [[Page 731]]

                                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--

                                    (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.)

                                        * * * * * * *