    [United States Senate Manual, 107th Congress]
    [S. Doc. 107-1]
    [USCODETITLE]
    [Pages 771-805]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 771]]

                                  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

          1000  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 3572 of
                            this title, or section 3805 (a)(1) 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 772]]

                                    (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, section 3572 of this title, or section 3805 (a)(1) 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 773]]

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

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

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

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

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

    [[Page 775]]

                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.)
          1001  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 776]]

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

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

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

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                                (A)(i) Except as provided in clause (ii), a
                            resolution that has passed the House of
                            Representatives shall, when received in the
                            Senate, be referred to the Committee on Finance
                            for consideration in accordance with this
                            section.
                                (ii) If a resolution to which this section
                            applies was introduced in the Senate before
                            receipt of a resolution that has passed the
                            House of Representatives, the resolution from
                            the House of Representatives shall, when
                            received in the Senate be placed on the
                            calendar. If this clause applies, the procedures
                            in the Senate with respect to a resolution
                            introduced in the Senate that contains the
                            identical matter as the resolution that passed
                            the House of Representatives shall be the same
                            as if no resolution had been received from the
                            House of Representatives, except that the vote
                            on passage in the Senate shall be on the
                            resolution that passed the House of
                            Representatives.
                                (B) If the Senate passes a resolution before
                            receiving from the House of Representatives a
                            joint resolution that contains the identical
                            matter, the joint resolution shall be held at
                            the desk pending receipt of the joint resolution
                            from the House of Representatives. Upon receipt
                            of the joint resolution from the House of
                            Representatives, such joint resolution shall be
                            deemed to be read twice, considered, read the
                            third time, and passed.
                    (2) If the texts of joint resolutions described in
                section 2192 or 2193(a) of this title, whichever is
                applicable, concerning any matter are not identical--
                                (A) the Senate shall vote passage on the
                            resolution introduced in the Senate, and
                                (B) the text of the joint resolution passed
                            by the Senate shall, immediately upon its
                            passage (or, if later, upon receipt of the joint
                            resolution passed by the House), be substituted
                            for the text of the joint resolution passed by
                            the House of Representatives, and such
                            resolution, as amended, shall be returned with a
                            request for a conference between the two Houses.
                    (3) Consideration in the Senate of any veto message with
                respect to a joint resolution described in subsection
                (a)(2)(B) of this section or section 2193(a) of this title,
                including consideration of all debatable motions and appeals
                in connection therewith, shall be limited to 10 hours, to be
                equally divided between, and controlled by, the majority
                leader and the minority leader or their designees. (Jan. 3,
                1975, Pub. L. 93-618, Sec. 152, 88 Stat. 2004; July 26,
                1979, Pub. L. 96-39, Sec. 902(a)(1), 1106(c)(5), 93 Stat
                299, 312; Oct. 30, 1984, Pub. L. 98-573, Sec. 248(b), 98
                Stat. 2998; Aug. 20, 1990, Pub. L. 101-382, Sec. 132(c)(2)-
                (5), 104 Stat. 646, 647; Dec. 8, 1994, Pub. L. 103-465,
                Sec. 261(d)(1)(A)(ii), 108 Stat. 4909; Pub. L. 104-295,
                Sec. 20(b)(10), Oct. 11, 1996, 110 Stat. 3527.)
          1002  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 778]]

                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 779]]

                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.)
          1003  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

          1004  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 780]]

                                (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 781]]

                    (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.)

          1005  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 3803 of this title 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.)
          1006  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 782]]

                                (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 783]]

                            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 784]]

                            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

          1007  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 785]]

                        (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 786]]

                            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, Sec. Sec. 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 22.--URUGUAY ROUND TRADE AGREEMENTS

                                        * * * * * * *

          1008  Sec. 3534. Annual report on the WTO
                    Not later than March 1 of each year beginning in 1996,
                the Trade Representative shall submit to the Congress a
                report describing, for the preceding fiscal year of the
                WTO--
                                (1) the major activities and work programs
                            of the WTO, including the functions and
                            activities of the committees established under
                            article IV of the WTO Agreement, and the
                            expenditures made by the WTO in connection with
                            those activities and programs;
                                (2) the percentage of budgetary assessments
                            by the WTO that were accounted for by each WTO
                            member county, including the United States;

    [[Page 787]]

                                (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.)
          1009  Sec. 3535. Review of Participation in the WTO.
                (a) Report on the operation of the WTO
                    The first annual report submitted to the Congress under
                section 3534 of this title--
                                (1) after the end of the 5-year period
                            beginning on the date on which the WTO Agreement
                            enters into force with respect to the United
                            States, and
                                (2) after the end of every 5-year period
                            thereafter,

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

                (b) Congressional disapproval of U.S. participation in the
                    WTO
                        (1) General rule
                    The approval of the Congress, provided under section
                3511(a) of this title, of the WTO Agreement shall cease to
                be effective if, and only if, a joint resolution described
                in subsection (c) of this section is enacted into law
                pursuant to the provisions of paragraph (2).
                        (2) Procedural provisions
                                (A) The requirements of this paragraph are
                            met if the joint resolution is enacted under
                            subsection (c) of this section, and--

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

                                    (ii) if the President vetoes the joint
                                resolution, each House of Congress votes to
                                override that veto on or before the later

    [[Page 788]]

                                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 the second
                            legislative day after the calendar day on which
                            the Member making the motion announces to the
                            House his or her intention to do so.
                        (3) Consideration of second resolution not in order
                    It shall not be in order in either the House of
                Representatives or the Senate to consider a joint resolution
                (other than a joint resolution received from the other
                House), if that House has previously adopted a joint
                resolution under this section.
                (d) Rules of House of Representatives and Senate
                    This section is enacted by the Congress--

    [[Page 789]]

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

                                        * * * * * * *

                      Chapter 24.--BIPARTISAN TRADE PROMOTION AUTHORITY

                                        * * * * * * *

          1010  Sec. 3803. Trade Agreements Authority.
                (a) Agreements Regarding Tariff Barriers
                        (1) In general
                    Whenever the President determines that one or more
                existing duties or other import restrictions of any foreign
                country or the United States are unduly burdening and
                restricting the foreign trade of the United States and that
                the purposes, policies, priorities, and objectives of this
                title will be promoted thereby, the President--
                                (A) may enter into trade agreements with
                            foreign countries before--

                                    (i) June 1, 2005; or

                                    (ii) June 1, 2007, if trade authorities
                                procedures are extended under subsection
                                (c); and

                                (B) may, subject to paragraphs (2) and (3),
                            proclaim--

                                    (i) such modification or continuance of
                                any existing duty,

                                    (ii) such continuance of existing duty-
                                free or excise treatment, or

                                    (iii) such additional duties,

                as the President determines to be required or appropriate to
                carry out any such trade agreement.

                    The President shall notify the Congress of the
                President's intention to enter into an agreement under this
                subsection.
                        (2) Limitations
                    No proclamation may be made under paragraph (1) that--
                                (A) reduces any rate of duty (other than a
                            rate of duty that does not exceed 5 percent ad
                            valorem on the date of the enactment of this
                            Act) to a rate of duty which is less than 50
                            percent of the rate of such duty that applies on
                            such date of enactment;
                                (B) reduces the rate of duty below that
                            applicable under the Uruguay Round Agreements,
                            on any import sensitive agricultural product; or
                                (C) increases any rate of duty above the
                            rate that applied on the date of the enactment
                            of this Act.
                        (3) Aggregate reduction; exemption from staging
                                (A) Aggregate reduction.--Except as provided
                            in subparagraph (B), the aggregate reduction in
                            the rate of duty on any article which

    [[Page 790]]

                            is in effect on any day pursuant to a trade
                            agreement entered into under paragraph (1) shall
                            not exceed the aggregate reduction which would
                            have been in effect on such day if--

                                    (i) a reduction of 3 percent ad valorem
                                or a reduction of one-tenth of the total
                                reduction, whichever is greater, had taken
                                effect on the effective date of the first
                                reduction proclaimed under paragraph (1) to
                                carry out such agreement with respect to
                                such article; and

                                    (ii) a reduction equal to the amount
                                applicable under clause (i) had taken effect
                                at 1-year intervals after the effective date
                                of such first reduction.

                                (B) Exemption from staging.--No staging is
                            required under subparagraph (A) with respect to
                            a duty reduction that is proclaimed under
                            paragraph (1) for an article of a kind that is
                            not produced in the United States. The United
                            States International Trade Commission shall
                            advise the President of the identity of articles
                            that may be exempted from staging under this
                            subparagraph.
                        (4) Rounding
                    If the President determines that such action will
                simplify the computation of reductions under paragraph (3),
                the President may round an annual reduction by an amount
                equal to the lesser of--
                                (A) the difference between the reduction
                            without regard to this paragraph and the next
                            lower whole number; or
                                (B) one-half of 1 percent ad valorem.
                        (5) Other limitations
                    A rate of duty reduction that may not be proclaimed by
                reason of paragraph (2) may take effect only if a provision
                authorizing such reduction is included within an
                implementing bill provided for under section 3805 and that
                bill is enacted into law.
                        (6) Other tariff modifications
                    Notwithstanding paragraphs (1)(B), (2)(A), (2)(C), and
                (3) through (5), and subject to the consultation and layover
                requirements of section 115 of the Uruguay Round Agreements
                Act, the President may proclaim the modification of any duty
                or staged rate reduction of any duty set forth in Schedule
                XX, as defined in section 2(5) of that Act, if the United
                States agrees to such modification or staged rate reduction
                in a negotiation for the reciprocal elimination or
                harmonization of duties under the auspices of the World
                Trade Organization.
                        (7) Authority under Uruguay Round Agreements Act not
                                affected
                    Nothing in this subsection shall limit the authority
                provided to the President under section 111(b) of the
                Uruguay Round Agreements Act (19 U.S.C. 3521(b)).
                (b) Agreements Regarding Tariff and Nontariff Barriers
                        (1) In general
                                (A) Whenever the President determines that--

                                    (i) one or more existing duties or any
                                other import restriction of any foreign
                                country or the United States or any other
                                barrier to, or other distortion of,
                                international trade unduly burdens

    [[Page 791]]

                                or restricts the foreign trade of the United
                                States or adversely affects the United
                                States economy, or

                                    (ii) the imposition of any such barrier
                                or distortion is likely to result in such a
                                burden, restriction, or effect,
                                and that the purposes, policies, priorities,
                                and objectives of this title will be
                                promoted thereby, the President may enter
                                into a trade agreement described in
                                subparagraph (B) during the period described
                                in subparagraph (C).

                                (B) The President may enter into a trade
                            agreement under subparagraph (A) with foreign
                            countries providing for--

                                    (i) the reduction or elimination of a
                                duty, restriction, barrier, or other
                                distortion described in subparagraph (A); or

                                    (ii) the prohibition of, or limitation
                                on the imposition of, such barrier or other
                                distortion.

                                (C) The President may enter into a trade
                            agreement under this paragraph before--

                                    (i) June 1, 2005; or

                                    (ii) June 1, 2007, if trade authorities
                                procedures are extended under subsection
                                (c).

                        (2) Conditions
                    A trade agreement may be entered into under this
                subsection only if such agreement makes progress in meeting
                the applicable objectives described in section 3802(a) and
                (b) and the President satisfies the conditions set forth in
                section 3804.
                        (3) Bills qualifying for trade authorities
                                procedures
                                (A) The provisions of section 151 of the
                            Trade Act of 1974 (in this title referred to as
                            ``trade authorities procedures'') apply to a
                            bill of either House of Congress which contains
                            provisions described in subparagraph (B) to the
                            same extent as such section 151 applies to
                            implementing bills under that section. A bill to
                            which this paragraph applies shall hereafter in
                            this title be referred to as an ``implementing
                            bill''.
                                (B) The provisions referred to in
                            subparagraph (A) are--

                                    (i) a provision approving a trade
                                agreement entered into under this subsection
                                and approving the statement of
                                administrative action, if any, proposed to
                                implement such trade agreement; and

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

                (c) Extension Disapproval Process for Congressional Trade
                    Authorities Procedures
                        (1) In general
                    Except as provided in section 3805(b)--
                                (A) the trade authorities procedures apply
                            to implementing bills submitted with respect to
                            trade agreements entered into under subsection
                            (b) before July 1, 2005; and
                                (B) the trade authorities procedures shall
                            be extended to implementing bills submitted with
                            respect to trade agreements entered

    [[Page 792]]

                            into under subsection (b) after June 30, 2005,
                            and before July 1, 2007, 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, 2005.

                        (2) Report to Congress by the President
                    If the President is of the opinion that the trade
                authorities procedures should be extended to implementing
                bills described in paragraph (1)(B), the President shall
                submit to the Congress, not later than March 1, 2005, a
                written report that contains a request for such extension,
                together with--
                                (A) a description of all trade agreements
                            that have been negotiated under subsection (b)
                            and the anticipated schedule for submitting such
                            agreements to the Congress for approval;
                                (B) a description of the progress that has
                            been made in negotiations to achieve the
                            purposes, policies, priorities, 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) Other reports to Congress
                                (A) Report by the advisory committee.
                                The President shall promptly inform the
                            Advisory Committee for Trade Policy and
                            Negotiations established under section 135 of
                            the Trade Act of 1974 (19 U.S.C. 2155) of the
                            President's decision to submit a report to the
                            Congress under paragraph (2). The Advisory
                            Committee shall submit to the Congress as soon
                            as practicable, but not later than May 1, 2005,
                            a written report that contains--

                                    (i) its views regarding the progress
                                that has been made in negotiations to
                                achieve the purposes, policies, priorities,
                                and objectives of this title; and

                                    (ii) a statement of its views, and the
                                reasons therefor, regarding whether the
                                extension requested under paragraph (2)
                                should be approved or disapproved.

                                (B) Report by ITC
                                The President shall promptly inform the
                            International Trade Commission of the
                            President's decision to submit a report to the
                            Congress under paragraph (2). The International
                            Trade Commission shall submit to the Congress as
                            soon as practicable, but not later than May 1,
                            2005, a written report that contains a review
                            and analysis of the economic impact on the
                            United States of all trade agreements
                            implemented between the date of enactment of
                            this Act and the date on which the President
                            decides to seek an extension requested under
                            paragraph (2).
                        (4) Status of reports
                                The reports submitted to the Congress under
                            paragraphs (2) and (3), or any portion of such
                            reports, may be classified to the extent the
                            President determines appropriate.

    [[Page 793]]

                        (5) Extension disapproval resolutions
                                (A) For purposes of paragraph (1), 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 3803(c)(1)(B)(i) of the Bipartisan
                            Trade Promotion Authority Act of 2002, of the
                            trade authorities procedures under that Act to
                            any implementing bill submitted with respect to
                            any trade agreement entered into under section
                            3803(b) of that Act after June 30, 2005.'', with
                            the blank space being filled with the name of
                            the resolving House of the 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 referred, in the House of
                                Representatives, to the Committee on Ways
                                and Means and, in addition, to the Committee
                                on Rules.

                                (C) The provisions of section 152(d) and (e)
                            of the Trade Act of 1974 (19 U.S.C. 2192(d) and
                            (e)) (relating to the floor consideration of
                            certain resolutions in the House and Senate)
                            apply to 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, in addition, by the
                                Committee on Rules; or

                                    (iii) either House of the Congress to
                                consider an extension disapproval resolution
                                after June 30, 2005.

                        (d) Commencement of Negotiations
                                In order to contribute to the continued
                            economic expansion of the United States, the
                            President shall commence negotiations covering
                            tariff and nontariff barriers affecting any
                            industry, product, or service sector, and expand
                            existing sectoral agreements to countries that
                            are not parties to those agreements, in cases
                            where the President determines that such
                            negotiations are feasible and timely and would
                            benefit the United States. Such sectors include
                            agriculture, commercial services, intellectual
                            property rights, industrial and capital goods,
                            government procurement, information technology
                            products, environmental technology and services,
                            medical equipment and services, civil aircraft,
                            and infrastructure products. In so doing, the
                            President shall take into account all of the
                            principal negotiating objectives set forth in
                            section 3802(b).
          1011  Sec. 3804. Consultations and Assessment.
                    (a) Notice and Consultation Before Negotiation

                    The President, with respect to any agreement that is
                subject to the provisions of section 3803(b), shall--
                                (1) provide, at least 90 calendar days
                            before initiating negotiations, written notice
                            to the Congress of the President's intention to
                            enter into the negotiations and set forth
                            therein the date the President intends to
                            initiate such negotiations, the specific United
                            States objec

    [[Page 794]]

                            tives for the negotiations, and whether the
                            President intends to seek an agreement, or
                            changes to an existing agreement;
                                (2) before and after submission of the
                            notice, consult regarding the negotiations with
                            the Committee on Finance of the Senate and the
                            Committee on Ways and Means of the House of
                            Representatives, such other committees of the
                            House and Senate as the President deems
                            appropriate, and the Congressional Oversight
                            group convened under section 3807; and
                                (3) upon the request of a majority of the
                            members of the Congressional Oversight Group
                            under section 3807(c), meet with the
                            Congressional Oversight Group before initiating
                            the negotiations or at any other time concerning
                            the negotiations.
                (b) Negotiations Regarding Agriculture
                        (1) In general

                    Before initiating or continuing negotiations the subject
                matter of which is directly related to the subject matter
                under section 3802(b)(10)(A)(i) with any country, the
                President shall assess whether United States tariffs on
                agricultural products that were bound under the Uruguay
                Round Agreements are lower than the tariffs bound by that
                country. In addition, the President shall consider whether
                the tariff levels bound and applied throughout the world
                with respect to imports from the United States are higher
                than United States tariffs and whether the negotiation
                provides an opportunity to address any such disparity. The
                President shall consult with the Committee on Ways and Means
                and the Committee on Agriculture of the House of
                Representatives and the Committee on Finance and the
                Committee on Agriculture, Nutrition, and Forestry of the
                Senate concerning the results of the assessment, whether it
                is appropriate for the United States to agree to further
                tariff reductions based on the conclusions reached in the
                assessment, and how all applicable negotiating objectives
                will be met.

                        (2) Special consultations on import sensitive
                                products

                    (A) Before initiating negotiations with regard to
                agriculture, and, with respect to the Free Trade Area for
                the Americas and negotiations with regard to agriculture
                under the auspices of the World Trade Organization, as soon
                as practicable after the enactment of this Act, the United
                States Trade Representative shall--
                                (i) identify those agricultural products
                            subject to tariff-rate quotas on the date of
                            enactment of this Act, and agricultural products
                            subject to tariff reductions by the United
                            States as a result of the Uruguay Round
                            Agreements, for which the rate of duty was
                            reduced on January 1, 1995, to a rate which was
                            not less than 97.5 percent of the rate of duty
                            that applied to such article on December 31,
                            1994;
                                (ii) consult with the Committee on Ways and
                            Means and the Committee on Agriculture of the
                            House of Representatives and the Committee on
                            Finance and the Committee on Agriculture,
                            Nutrition, and Forestry of the Senate
                            concerning--

                                    (I) whether any further tariff
                                reductions on the products identified under
                                clause (i) should be appropriate, taking
                                into account

    [[Page 795]]

                                the impact of any such tariff reduction on
                                the United States industry producing the
                                product concerned;

                                    (II) whether the products so identified
                                face unjustified sanitary or phytosanitary
                                restrictions, including those not based on
                                scientific principles in contravention of
                                the Uruguay Round Agreements; and

                                    (III) whether the countries
                                participating in the negotiations maintain
                                export subsidies or other programs,
                                policies, or practices that distort world
                                trade in such products and the impact of
                                such programs, policies, and practices on
                                United States producers of the products;

                                (iii) request that the International Trade
                            Commission prepare an assessment of the probable
                            economic effects of any such tariff reduction on
                            the United States industry producing the product
                            concerned and on the United States economy as a
                            whole; and
                                (iv) upon complying with clauses (i), (ii),
                            and (iii), notify the Committee on Ways and
                            Means and the Committee on Agriculture of the
                            House of Representatives and the Committee on
                            Finance and the Committee on Agriculture,
                            Nutrition, and Forestry of the Senate of those
                            products identified under clause (i) for which
                            the Trade Representative intends to seek tariff
                            liberalization in the negotiations and the
                            reasons for seeking such tariff liberalization.
                    (B) If, after negotiations described in subparagraph (A)
                are commenced--
                                (i) the United States Trade Representative
                            identifies any additional agricultural product
                            described in subparagraph (A)(i) for tariff
                            reductions which were not the subject of a
                            notification under subparagraph (A)(iv), or
                                (ii) any additional agricultural product
                            described in subparagraph (A)(i) is the subject
                            of a request for tariff reductions by a party to
                            the negotiations,

                the Trade Representative shall, as soon as practicable,
                notify the committees referred to in subparagraph (A)(iv) of
                those products and the reasons for seeking such tariff
                reductions.

                        (3) Negotiations regarding the fishing industry
                    Before initiating, or continuing, negotiations which
                directly relate to fish or shellfish trade with any country,
                the President shall consult with the Committee on Ways and
                Means and the Committee on Resources of the House of
                Representatives, and the Committee on Finance and the
                Committee on Commerce, Science, and Transportation of the
                Senate, and shall keep the Committees apprised of
                negotiations on an ongoing and timely basis.
                (c) Negotiations Regarding Textiles
                    Before initiating or continuing negotiations the subject
                matter of which is directly related to textiles and apparel
                products with any country, the President shall assess
                whether United States tariffs on textile and apparel
                products that were bound under the Uruguay Round Agreements
                are lower than the tariffs bound by that country and whether
                the negotiation provides an opportunity to address any such
                disparity. The President shall consult with the Committee on
                Ways and Means of the House of Representatives and the
                Committee on Finance of the Senate concerning the results of
                the assessment, whether it is appropriate for

    [[Page 796]]

                the United States to agree to further tariff reductions
                based on the conclusions reached in the assessment, and how
                all applicable negotiating objectives will be met.
                (d) Consultation With Congress Before Agreements Entered
                    Into
                        (1) Consultation
                    Before entering into any trade agreement under section
                3803(b), the President shall consult with--
                                (A) the Committee on Ways and Means of the
                            House of Representatives and the Committee on
                            Finance of the Senate;
                                (B) each other committee of the House and
                            the Senate, and each joint committee of the
                            Congress, which has jurisdiction over
                            legislation involving subject matters which
                            would be affected by the trade agreement; and
                                (C) the Congressional Oversight Group
                            convened under section 3807.
                        (2) Scope
                    The consultation described in paragraph (1) shall
                include consultation with respect to--
                                (A) the nature of the agreement;
                                (B) how and to what extent the agreement
                            will achieve the applicable purposes, policies,
                            priorities, and objectives of this title; and
                                (C) the implementation of the agreement
                            under section 3805, including the general effect
                            of the agreement on existing laws.
                        (3) Report regarding United States trade remedy laws
                                (A) Changes in certain trade laws.--The
                            President, at least 180 calendar days before the
                            day on which the President enters into a trade
                            agreement under section 3803(b), shall report to
                            the Committee on Ways and Means of the House of
                            Representatives and the Committee on Finance of
                            the Senate--

                                    (i) the range of proposals advanced in
                                the negotiations with respect to that
                                agreement, that may be in the final
                                agreement, and that could require amendments
                                to title VII of the Tariff Act of 1930 or to
                                chapter 1 of title II of the Trade Act of
                                1974; and

                                    (ii) how these proposals relate to the
                                objectives described in section 3802(b)(14).

                                (B) Certain agreements.--With respect to a
                            trade agreement entered into with Chile or
                            Singapore, the report referred to in
                            subparagraph (A) shall be submitted by the
                            President at least 90 calendar days before the
                            day on which the President enters into that
                            agreement.
                                (C) Resolutions.--(i) At any time after the
                            transmission of the report under subparagraph
                            (A), if a resolution is introduced with respect
                            to that report in either House of Congress, the
                            procedures set forth in clauses (iii) through
                            (vi) shall apply to that resolution if--

                                            (I) no other resolution with
                                        respect to that report has
                                        previously been reported in that
                                        House of Congress by the Committee
                                        on Ways and Means or the Committee
                                        on Finance, as the case may be,
                                        pursuant to those procedures; and

    [[Page 797]]

                                            (II) no procedural disapproval
                                        resolution under section 3805(b)
                                        introduced with respect to a trade
                                        agreement entered into pursuant to
                                        the negotiations to which the report
                                        under subparagraph (A) relates has
                                        previously been reported in that
                                        House of Congress by the Committee
                                        on Ways and Means or the Committee
                                        on Finance, as the case may be.

                                    (ii) For purposes of this subparagraph,
                                the term ``resolution'' means only a
                                resolution of either House of Congress, the
                                matter after the resolving clause of which
                                is as follows: ``That the __ finds that the
                                proposed changes to United States trade
                                remedy laws contained in the report of the
                                President transmitted to the Congress on __
                                under section 3804(d)(3) of the Bipartisan
                                Trade Promotion Authority Act of 2002 with
                                respect to __, are inconsistent with the
                                negotiating objectives described in section
                                3802(b)(14) of that Act.'', with the first
                                blank space being filled with the name of
                                the resolving House of Congress, the second
                                blank space being filled with the
                                appropriate date of the report, and the
                                third blank space being filled with the name
                                of the country or countries involved.

                                    (iii) Resolutions in the House of
                                Representatives--

                                            (I) may be introduced by any
                                        Member of the House;

                                            (II) shall be referred to the
                                        Committee on Ways and Means and, in
                                        addition, to the Committee on Rules;
                                        and

                                            (III) may not be amended by
                                        either Committee.

                                    (iv) Resolutions in the Senate--

                                            (I) may be introduced by any
                                        Member of the Senate;

                                            (II) shall be referred to the
                                        Committee on Finance; and

                                            (III) may not be amended.

                                    (iv) It is not in order for the House of
                                Representatives to consider any resolution
                                that is not reported by the Committee on
                                Ways and Means and, in addition, by the
                                Committee on Rules.

                                    (v) It is not in order for the Senate to
                                consider any resolution that is not reported
                                by the Committee on Finance.

                                    (vi) The provisions of section 152(d)
                                and (e) of the Trade Act of 1974 (19 U.S.C.
                                2192(d) and (e)) (relating to floor
                                consideration of certain resolutions in the
                                House and Senate) shall apply to
                                resolutions.

                (e) Advisory Committee Reports
                    The report required under section 135(e)(1) of the Trade
                Act of 1974 regarding any trade agreement entered into under
                section 3803(a) or (b) of this Act shall be provided to the
                President, the Congress, and the United States Trade
                Representative not later than 30 days after the date on
                which the President notifies the Congress under section
                3803(a)(1) or 3805(a)(1)(A) of the President's intention to
                enter into the agreement.
                (f) ITC Assessment
                        (1) In general
                    The President, at least 90 calendar days before the day
                on which the President enters into a trade agreement under
                section 3803(b), shall provide the International Trade
                Commission (referred to in this sub

    [[Page 798]]

                section as ``the Commission'') with the details of the
                agreement as it exists at that time and request the
                Commission to prepare and submit an assessment of the
                agreement as described in paragraph (2). Between the time
                the President makes the request under this paragraph and the
                time the Commission submits the assessment, the President
                shall keep the Commission current with respect to the
                details of the agreement.
                        (2) ITC assessment
                    Not later than 90 calendar days after the President
                enters into the agreement, the Commission shall submit to
                the President and the Congress a report assessing the likely
                impact of the agreement on the United States economy as a
                whole and on specific industry sectors, including the impact
                the agreement will have on the gross domestic product,
                exports and imports, aggregate employment and employment
                opportunities, the production, employment, and competitive
                position of industries likely to be significantly affected
                by the agreement, and the interests of United States
                consumers.
                        (3) Review of empirical literature
                    In preparing the assessment, the Commission shall review
                available economic assessments regarding the agreement,
                including literature regarding any substantially equivalent
                proposed agreement, and shall provide in its assessment a
                description of the analyses used and conclusions drawn in
                such literature, and a discussion of areas of consensus and
                divergence between the various analyses and conclusions,
                including those of the Commission regarding the agreement.
          1012  Sec. 3805. Implementation of Trade Agreements.
                (a) In general
                        (1) Notification and submission
                    Any agreement entered into under section 3803(b) 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 the President enters
                            into the trade agreement, notifies the House of
                            Representatives and the Senate of the
                            President's intention to enter into the
                            agreement, and promptly thereafter publishes
                            notice of such intention in the Federal
                            Register;
                                (B) within 60 days after entering into the
                            agreement, the President submits to the Congress
                            a description of those changes to existing laws
                            that the President considers would be required
                            in order to bring the United States into
                            compliance with the agreement;
                                (C) after entering into the agreement, the
                            President submits to the Congress, on a day on
                            which both Houses of Congress are in session, a
                            copy of the final legal text of the agreement,
                            together with--

                                    (i) a draft of an implementing bill
                                described in section 3803(b)(3);

                                    (ii) a statement of any administrative
                                action proposed to implement the trade
                                agreement; and

                                    (iii) the supporting information
                                described in paragraph (2); and

                                (D) the implementing bill is enacted into
                            law.

    [[Page 799]]

                        (2) Supporting information
                    The supporting information required under paragraph
                (1)(C)(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, priorities, and
                                objectives of this title; and

                                    (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);

                                            (II) whether and how the
                                        agreement changes provisions of an
                                        agreement previously negotiated;

                                            (III) how the agreement serves
                                        the interests of United States
                                        commerce;

                                            (IV) how the implementing bill
                                        meets the standards set forth in
                                        section 3803(b)(3); and

                                            (V) how and to what extent the
                                        agreement makes progress in
                                        achieving the applicable purposes,
                                        policies, and objectives referred to
                                        in section 3802(c) regarding the
                                        promotion of certain priorities.

                        (3) Reciprocal benefits
                    In order to ensure that a foreign country that is not a
                party to a trade agreement entered into under section
                3803(b) does not receive benefits under the agreement unless
                the country is also subject to the obligations under the
                agreement, the implementing bill submitted with respect to
                the agreement shall provide that the benefits and
                obligations under the agreement apply only to the parties to
                the agreement, if such application is consistent with the
                terms of the agreement. The implementing bill may also
                provide that the benefits and obligations under the
                agreement do not apply uniformly to all parties to the
                agreement, if such application is consistent with the terms
                of the agreement.
                        (4) Disclosure of commitments
                    Any agreement or other understanding with a foreign
                government or governments (whether oral or in writing)
                that--
                                (A) relates to a trade agreement with
                            respect to which the Congress enacts an
                            implementing bill under trade authorities
                            procedures, and
                                (B) is not disclosed to the Congress before
                            an implementing bill with respect to that
                            agreement is introduced in either House of
                            Congress,

                shall not be considered to be part of the agreement approved
                by the Congress and shall have no force and effect under
                United States law or in any dispute settlement body.

                (b) Limitations on Trade Authorities Procedures
                        (1) For lack of notice or consultations
                                (A) In general.--The trade authorities
                            procedures shall not apply to any implementing
                            bill submitted with respect to a trade agree

    [[Page 800]]

                            ment or trade agreements entered into under
                            section 3803(b) if during the 60-day period
                            beginning on the date that one House of Congress
                            agrees to a procedural disapproval resolution
                            for lack of notice or consultations with respect
                            to such trade agreement or agreements, the other
                            House separately agrees to a procedural
                            disapproval resolution with respect to such
                            trade agreement or agreements.
                                (B) Procedural disapproval resolution.--(i)
                            For purposes of this paragraph, the term
                            ``procedural disapproval resolution'' means a
                            resolution of either House of Congress, the sole
                            matter after the resolving clause of which is as
                            follows: ``That the President has failed or
                            refused to notify or consult in accordance with
                            the Bipartisan Trade Promotion Authority Act of
                            2002 on negotiations with respect to ______ and,
                            therefore, the trade authorities procedures
                            under that Act shall not apply to any
                            implementing bill submitted with respect to such
                            trade agreement or agreements.'', with the blank
                            space being filled with a description of the
                            trade agreement or agreements with respect to
                            which the President is considered to have failed
                            or refused to notify or consult.

                                    (ii) For purposes of clause (i), the
                                President has ``failed or refused to notify
                                or consult in accordance with the Bipartisan
                                Trade Promotion Authority Act of 2002'' on
                                negotiations with respect to a trade
                                agreement or trade agreements if--

                                            (I) the President has failed or
                                        refused to consult (as the case may
                                        be) in accordance with section 3804
                                        or 3805 with respect to the
                                        negotiations, agreement, or
                                        agreements;

                                            (II) guidelines under section
                                        3807(b) have not been developed or
                                        met with respect to the
                                        negotiations, agreement, or
                                        agreements;

                                            (III) the President has not met
                                        with the Congressional Oversight
                                        Group pursuant to a request made
                                        under section 3807(c) with respect
                                        to the negotiations, agreement, or
                                        agreements; or

                                            (IV) the agreement or agreements
                                        fail to make progress in achieving
                                        the purposes, policies, priorities,
                                        and objectives of this title.

                        (2) Procedures for considering resolutions
                                (A) Procedural disapproval resolutions--

                                    (i) in the House of Representatives--

                                            (I) may be introduced by any
                                        Member of the House;

                                            (II) shall be referred to the
                                        Committee on Ways and Means and, in
                                        addition, to the Committee on Rules;
                                        and

                                            (III) may not be amended by
                                        either Committee; and

                                            (I) may be introduced by any
                                        Member of the Senate;

                                            (II) shall be referred to the
                                        Committee on Finance; and

                                            (III) may not be amended.

                                (B) The provisions of section 152(d) and (e)
                            of the Trade Act of 1974 (19 U.S.C. 2192(d) and
                            (e)) (relating to the floor consideration of
                            certain resolutions in the House and Senate)
                            apply to a procedural disapproval resolution
                            introduced with respect to a trade agreement if
                            no other procedural disapproval resolution with
                            respect to that trade agreement has previously
                            been reported in that House of Congress by the
                            Committee on Ways and Means or the Committee

    [[Page 801]]

                            on Finance, as the case may be, and if no
                            resolution described in section
                            3804(d)(3)(C)(ii) with respect to that trade
                            agreement has been reported in that House of
                            Congress by the Committee on Ways and Means or
                            the Committee on Finance, as the case may be,
                            pursuant to the procedures set forth in clauses
                            (iii) through (vi) of such section
                            3804(d)(3)(C).
                                (C) 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, in addition, by
                            the Committee on Rules.
                                (D) It is not in order for the Senate to
                            consider any procedural disapproval resolution
                            not reported by the Committee on Finance.
                        (3) For failure to meet other requirements
                    Not later than December 31, 2002, the Secretary of
                Commerce, in consultation with the Secretary of State, the
                Secretary of the Treasury, the Attorney General, and the
                United States Trade Representative, shall transmit to the
                Congress a report setting forth the strategy of the
                executive branch to address concerns of the Congress
                regarding whether dispute settlement panels and the
                Appellate Body of the WTO have added to obligations, or
                diminished rights, of the United States, as described in
                section 3801(b)(3). Trade authorities procedures shall not
                apply to any implementing bill with respect to an agreement
                negotiated under the auspices of the WTO unless the
                Secretary of Commerce has issued such report in a timely
                manner.
                (c) Rules of House of Representatives and Senate
                    Subsection (b) of this section, section 3803(c), aand
                section 3804(d)(3)(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
                are deemed a part of the rules of each House, respectively,
                and such procedures supersede other rules only to the extent
                that they are inconsistent with such other rules; and
                    (2) with the full recognition of the constitutional
                right of either House to change the rules (so far as
                relating to the procedures of that House) at any time, in
                the same manner, and to the same extent as any other rule of
                that House.
          1013  Sec. 3806. Treatment of Certain Trade Agreements for Which
                    Negotiations Have Already Begun.
                (a) Certain Agreements
                    Notwithstanding the prenegotiation notification and
                consultation requirement described in section 3804(a), if an
                agreement to which section 3803(b) applies--
                                (1) is entered into under the auspices of
                            the World Trade Organization,
                                (2) is entered into with Chile,
                                (3) is entered into with Singapore, or
                                (4) establishes a Free Trade Area for the
                            Americas,

                and results from negotiations that were commenced before the
                date of the enactment of this Act, subsection (b) shall
                apply.

                (b) Treatment of Agreements
                    In the case of any agreement to which subsection (a)
                applies--

    [[Page 802]]

                                (1) the applicability of the trade
                            authorities procedures to implementing bills
                            shall be determined without regard to the
                            requirements of section 3804(a) (relating only
                            to 90 days notice prior to initiating
                            negotiations), and any procedural disapproval
                            resolution under section 3805(b)(1)(B) shall not
                            be in order on the basis of a failure or refusal
                            to comply with the provisions of section
                            3804(a); and
                                (2) the President shall, as soon as feasible
                            after the enactment of this Act--

                                    (A) notify the Congress of the
                                negotiations described in subsection (a),
                                the specific United States objectives in the
                                negotiations, and whether the President is
                                seeking a new agreement or changes to an
                                existing agreement; and

                                    (B) before and after submission of the
                                notice, consult regarding the negotiations
                                with the committees referred to in section
                                3804(a)(2) and the Congressional Oversight
                                Group convened under section 3807.

          1014  Sec. 3807. Congressional Oversight Group.
                (a) Members and Functions
                        (1) In general
                    By not later than 60 days after the date of the
                enactment of this Act, and not later than 30 days after the
                convening of each Congress, the chairman of the Committee on
                Ways and Means of the House of Representatives and the
                chairman of the Committee on Finance of the Senate shall
                convene the Congressional Oversight Group.
                        (2) Membership from the House
                    In each Congress, the Congressional Oversight Group
                shall be comprised of the following Members of the House of
                Representatives:
                                (A) The chairman and ranking member of the
                            Committee on Ways and Means, and 3 additional
                            members of such Committee (not more than 2 of
                            whom are members of the same political party).
                                (B) The chairman and ranking member, or
                            their designees, of the committees of the House
                            of Representatives which would have, under the
                            Rules of the House of Representatives,
                            jurisdiction over provisions of law affected by
                            a trade agreement negotiations for which are
                            conducted at any time during that Congress and
                            to which this title would apply.
                        (3) Membership from the Senate
                    In each Congress, the Congressional Oversight Group
                shall also be comprised of the following members of the
                Senate:
                                (A) The chairman and ranking member of the
                            Committee on Finance and 3 additional members of
                            such Committee (not more than 2 of whom are
                            members of the same political party).
                                (B) The chairman and ranking member, or
                            their designees, of the committees of the Senate
                            which would have, under the Rules of the Senate,
                            jurisdiction over provisions of law affected by
                            a trade agreement negotiations for which are
                            conducted at any time during that Congress and
                            to which this title would apply.

    [[Page 803]]

                        (4) Accreditation
                    Each member of the Congressional Oversight Group
                described in paragraph (2)(A) and (3)(A) shall be accredited
                by the United States Trade Representative on behalf of the
                President as an official adviser to the United States
                delegation in negotiations for any trade agreement to which
                this title applies. Each member of the Congressional
                Oversight Group described in paragraph (2)(B) and (3)(B)
                shall be accredited by the United States Trade
                Representative on behalf of the President as an official
                adviser to the United States delegation in the negotiations
                by reason of which the member is in the Congressional
                Oversight Group. The Congressional Oversight Group shall
                consult with and provide advice to the Trade Representative
                regarding the formulation of specific objectives,
                negotiating strategies and positions, the development of the
                applicable trade agreement, and compliance and enforcement
                of the negotiated commitments under the trade agreement.
                        (5) Chair
                    The Congressional Oversight Group shall be chaired by
                the Chairman of the Committee on Ways and Means of the House
                of Representatives and the Chairman of the Committee on
                Finance of the Senate.
                (b) Guidelines
                        (1) Purpose and revision
                    The United States Trade Representative, in consultation
                with the chairmen and ranking minority members of the
                Committee on Ways and Means of the House of Representatives
                and the Committee on Finance of the Senate--
                                (A) shall, within 120 days after the date of
                            the enactment of this Act, develop written
                            guidelines to facilitate the useful and timely
                            exchange of information between the Trade
                            Representative and the Congressional Oversight
                            Group convened under this section; and
                                (B) may make such revisions to the
                            guidelines as may be necessary from time to
                            time.
                        (2) Content
                    The guidelines developed under paragraph (1) shall
                provide for, among other things--
                                (A) regular, detailed briefings of the
                            Congressional Oversight Group regarding
                            negotiating objectives, including the promotion
                            of certain priorities referred to in section
                            3802(c), and positions and the status of the
                            applicable negotiations, beginning as soon as
                            practicable after the Congressional Oversight
                            Group is convened, with more frequent briefings
                            as trade negotiations enter the final stage;
                                (B) access by members of the Congressional
                            Oversight Group, and staff with proper security
                            clearances, to pertinent documents relating to
                            the negotiations, including classified
                            materials;
                                (C) the closest practicable coordination
                            between the Trade Representative and the
                            Congressional Oversight Group at all critical
                            periods during the negotiations, including at
                            negotiation sites;
                                (D) after the applicable trade agreement is
                            concluded, consultation regarding ongoing
                            compliance and enforcement of negotiated
                            commitments under the trade agreement; and

    [[Page 804]]

                                (E) the time frame for submitting the report
                            required under section 3802(c)(8).
                (c) Request for Meeting
                    Upon the request of a majority of the Congressional
                Oversight Group, the President shall meet with the
                Congressional Oversight Group before initiating negotiations
                with respect to a trade agreement, or at any other time
                concerning the negotiations.
          1015  Sec. 3808. Additional Implementation and Enforcement
                    Requirements.
                (a) In general
                    At the time the President submits to the Congress the
                final text of an agreement pursuant to section
                3805(a)(1)(C), the President shall also submit a plan for
                implementing and enforcing the agreement. The implementation
                and enforcement plan shall include the following:
                        (1) Border personnel requirements
                    A description of additional personnel required at border
                entry points, including a list of additional customs and
                agricultural inspectors.
                        (2) Agency staffing requirements
                    A description of additional personnel required by
                Federal agencies responsible for monitoring and implementing
                the trade agreement, including personnel required by the
                Office of the United States Trade Representative, the
                Department of Commerce, the Department of Agriculture
                (including additional personnel required to implement
                sanitary and phytosanitary measures in order to obtain
                market access for United States exports), the Department of
                the Treasury, and such other agencies as may be necessary.
                        (3) Customs infrastructure requirements
                    A description of the additional equipment and facilities
                needed by the United States Customs Service.
                        (4) Impact on State and local governments
                    A description of the impact the trade agreement will
                have on State and local governments as a result of increases
                in trade.
                        (5) Cost analysis
                    An analysis of the costs associated with each of the
                items listed in paragraphs (1) through (4).
                (b) Budget Submission
                    The President shall include a request for the resources
                necessary to support the plan described in subsection (a) in
                the first budget that the President submits to the Congress
                after the submission of the plan.

                                        * * * * * * *

          1016  Sec. 3811. Report on Impact of Trade Promotion Authority.
                (a) In general
                    Not later than 1 year after the date of enactment of
                this Act, the International Trade Commission shall report to
                the Committee on Finance of the Senate and the Committee on
                Ways and Means of the

    [[Page 805]]

                House of Representatives regarding the economic impact on
                the United States of the trade agreements described in
                subsection (b).
                (b) Agreements
                    The trade agreements described in this subsection are
                the following:

                                    (1) The United States-Israel Free Trade
                                Agreement.

                                    (2) The United States-Canada Free Trade
                                Agreement.

                                    (3) The North American Free Trade
                                Agreement.

                                    (4) The Uruguay Round Agreements.

                                    (5) The Tokyo Round of Multilateral
                                Trade Negotiations.

                                        * * * * * * *