[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

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            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,

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            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.

                                    * * * * * * *