    [United States Senate Manual, 113th Congress]
    [S. Doc. 113-1]
    [USCODETITLE]
    [Pages 995-1028]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 995]]

                                  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 996]]

                                    (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 997]]

                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 998]]

                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 999]]

          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 1000]]

                (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.

    [[Page 1001]]

                                (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 1002]]

                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 1003]]

                    (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 1004]]

                            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 1005]]

                                (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 1006]]

                                (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 1007]]

                (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 1008]]

                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 1009]]

                                    (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 1010]]

                                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 1011]]

                            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 1012]]

                                (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 1013]]

                            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 1014]]

                                    (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 1015]]

                            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 1016]]

                                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 1017]]

                (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 1018]]

                            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 1019]]

                                    (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 1020]]

                            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 1021]]

                                (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 1022]]

          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 1023]]

                            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 1024]]

                                    (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 1025]]

                (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 1026]]

                                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 1027]]

                (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 1028]]

                                    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.)

                                        * * * * * * *