[United States Senate Manual, 112th Congress]
[S. Doc. 112-1]
[USCODETITLE]
[Pages 947-980]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 947]]

 
                              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

      1300  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 948]]

                                (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 which that House is 
            in session. The approval resolution introduced in

[[Page 949]]

            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.
            (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

[[Page 950]]

            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, 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; Pub.L. 
            107-210, Div. B, Title XXI, Sec. 2110(a)(1), Aug. 6, 2002, 
            116 Stat. 1019.)

[[Page 951]]


      1301  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 to reconsider the vote by which 
            the motion is agreed to or disagreed to.

[[Page 952]]

            (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 in 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:
                            (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.

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                            (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.)
      1302  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 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

[[Page 954]]

            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 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.

[[Page 955]]

                (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.)
      1303  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

      1304  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.
                (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

[[Page 956]]

                        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).
            (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:

[[Page 957]]

                            (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.)

      1305  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; 
            Pub.L. 107-210, Div. B, Title XXI, Sec. 2110(a)(6), Aug. 6, 
            2002, 116 Stat. 1020.)
      1306  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.
                (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);

[[Page 958]]

                            (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 appropriate 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.

[[Page 959]]

            (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 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

[[Page 960]]

            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

      1307  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.
                (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

[[Page 961]]

                                (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 
                        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

[[Page 962]]

                            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

                                    * * * * * * *

      1308  Sec. 3534. Annual report on 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 country, including the United States;
                            (3) the total number of personnel employed 
                        or retained by the Secretariat of the WTO, and 
                        the number of professional, administrative, and 
                        support staff of the WTO;
                            (4) for each personnel category described in 
                        paragraph (3), the number of citizens of each 
                        country, and the average salary of the 
                        personnel, in that category;
                            (5) each report issued by a panel or the 
                        Appellate Body in a dispute settlement 
                        proceeding regarding Federal or State law, and 
                        any efforts by the Trade Representative to 
                        provide for implementation of the 
                        recommendations contained in a report that is 
                        adverse to the United States;
                            (6) each proceeding before a panel or the 
                        Appellate Body that was initiated during that 
                        fiscal year regarding Federal or State law, the 
                        status of the proceeding, and the matter at 
                        issue;
                            (7) the status of consultations with any 
                        State whose law was the subject of a report 
                        adverse to the United States that was issued by 
                        a panel or the Appellate Body; and
                            (8) any progress achieved in increasing the 
                        transparency of proceedings of the Ministerial 
                        Conference and the General Council,

[[Page 963]]

                        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.)
      1309  Sec. 3535. Review of participation in WTO.
            (a) Report on the operation of 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 WTO
                (1) General rule
                            The approval of the Congress, provided under 
                        section 3511(a) of this title, of the WTO 
                        Agreement shall cease to be effective if, and 
                        only if, a joint resolution described in 
                        subsection (c) of this section is enacted into 
                        law pursuant to the provisions of paragraph (2).
                (2) Procedural provisions
                            (A) The requirements of this paragraph are 
                        met if the joint resolution is enacted under 
                        subsection (c) of this section, and--

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

                                (ii) if the President vetoes the joint 
                            resolution, each House of Congress votes to 
                            override that veto on or before the later of 
                            the last day of the 90-day period referred 
                            to in clause (i) or the last day of the 15-
                            day period (excluding 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

[[Page 964]]

                            (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--
                            (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

                                    * * * * * * *

      1310  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

[[Page 965]]

                        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) July 1, 2005; or

                                        (ii) July 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 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

[[Page 966]]

                                (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 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) July 1, 2005; or

                                (ii) July 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

[[Page 967]]

                        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 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 July 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 April 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

[[Page 968]]

                            soon as practicable, but not later than June 
                            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 June 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.
                (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.

[[Page 969]]

            (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). (Pub.L. 
            107-210, Div. B, Title XXI, Sec. 2103, Aug. 6, 2002, 116 
            Stat. 1004; Pub.L. 108-429, Sec. 2004(a)(17), 118 Stat. 
            2591.)
      1311  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 objectives 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

[[Page 970]]

                        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 
                                    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

[[Page 971]]

                                (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 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 Com

[[Page 972]]

                        mittee 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

                                (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) \1\ Resolutions in the Senate--
                \1\ So in original. Two clauses designated (iv) were 
                enacted.

                                (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.

[[Page 973]]

                            (iv) \1\ 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.
                \1\ So in original. Two clauses designated (iv) were 
                enacted.
                            (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 subsection 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. 
                        (Pub.L. 107-210, Div. B, Title XXI, Sec. 2104, 
                        Aug. 6, 2002, 116 Stat. 1008.)

[[Page 974]]


      1312  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.

                (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

[[Page 975]]

                        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 agreement 
                        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;

[[Page 976]]

                                (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

                                (ii) 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.

                            (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 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.

[[Page 977]]

            (c) Rules of House of Representatives and Senate
                Subsection (b) of this section, section 3803(c), and 
            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. (Pub.L. 107-210, Div. B, Title XXI, 
                        Sec. 2105, Aug. 6, 2002, 116 Stat. 1013; Pub.L. 
                        108-429, Sec. 2004(a)(18), Dec. 3, 2004, 118 
                        Stat. 2591.)
      1313  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--
                            (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. (Pub.L. 
                            107-210, Div. B, Title XXI, Sec. 2106, Aug. 
                            6, 2002, 116 Stat. 1016.)

      1314  Sec. 3807. Congressional Oversight Group.
            (a) Members and functions
                (1) In general

[[Page 978]]

                            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.

                (4) Accreditation
                            Each member of the Congressional Oversight 
                        Group described in paragraphs (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 
                        paragraphs (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.

[[Page 979]]

            (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

                                (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. (Pub.L. 107-210, Div. B, Title 
            XXI, Sec. 2107, Aug. 6, 2002, 116 Stat. 1017; Pub.L. 109-
            280, Title XIV, Sec. 1635(f)(6), Aug. 17, 2006, 120 Stat. 
            1171.)
      1315  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

[[Page 980]]

                                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.

                                    * * * * * * *

            (Pub.L. 107-210, Div. B, Title XXI, Sec. 2108, Aug. 6, 2002, 
            116 Stat. 1018.)

      1316  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 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.

            (Pub.L. 107-210, Div. B, Title XXI, Sec. 2111, Aug. 6, 2002, 
            116 Stat. 1021.)

                                    * * * * * * *