[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.)

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