[United States Senate Manual, 107th Congress] [S. Doc. 107-1] [USCODETITLE] [Pages 771-805] [From the U.S. Government Printing Office, www.gpo.gov] [[Page 771]] TITLE 19.--CUSTOMS DUTIES * * * * * * * Chapter 12.--TRADE ACT OF 1974 * * * * * * * Subchapter I.--Negotiating and Other Authority * * * * * * * Part 5.--CONGRESSIONAL PROCEDURES WITH RESPECT TO PRESIDENTIAL ACTIONS 1000 Sec. 2191. Bills implementing trade agreements on nontariff barriers and resolutions approving commercial agreements with Communist countries. (a) Rules of House of Representatives and Senate This section and sections 2192 and 2193 of this title are enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of implementing bills described in subsection (b)(1) of this section, implementing revenue bills described in subsection (b)(2) of this section, approval resolutions described in subsection (b)(3) of this section, and resolutions described in sections 2192(a) and 2193(a) of this title; and they supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (b) Definitions For purposes of this section-- (1) The term ``implementing bill'' means only a bill of either House of Congress which is introduced as provided in subsection (c) of this section with respect to one or more trade agreements, or with respect to an extension described in section 3572(c)(3) of this title, submitted to the House of Representatives and the Senate under section 2112, section 3572 of this title, or section 3805 (a)(1) of this title, and which contains-- (A) a provision approving such trade agreement or agreements or such extension, (B) a provision approving the statement of administrative action (if any) proposed to implement such trade agreement or agreements, and [[Page 772]] (C) if changes in existing laws or new statutory authority is required to implement such trade agreement or agreements or such extension, provisions, necessary or appropriate to implement such trade agreement or agreements or such extension, either repealing or amending existing laws or providing new statutory authority. (2) The term ``implementing revenue bill or resolution'' means an implementing bill, or approval resolution, which contains one or more revenue measures by reason of which it must originate in the House of Representatives. (3) The term ``approval resolution'' means only a joint resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: ``That the Congress approves the extension of nondiscriminatory treatment with respect to the products of ------ ---- transmitted by the President to the Congress on ------.'', the first blank space being filled with the name of the country involved and the second blank space being filled with the appropriate date. (c) Introduction and referral (1) On the day on which a trade agreement is submitted to the House of Representatives and the Senate under section 2112, section 3572 of this title, or section 3805 (a)(1) of this title, the implementing bill submitted by the President with respect to such trade agreement or extension shall be introduced (by request) in the House by the majority leader of the House, for himself and the minority leader of the House, or by Members of the House designated by the majority leader and minority leader of the House; and shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate. If either House is not in session on the day on which such a trade agreement or extension is submitted, the implementing bill shall be introduced in that House, as provided in the preceding sentence, on the first day thereafter on which that House is in session. Such bills shall be referred by the Presiding Officers of the respective Houses to the appropriate committee, or, in the case of a bill containing provisions within the jurisdiction of two or more committees, jointly to such committees for consideration of those provisions within their respective jurisdictions. (2) On the day on which a bilateral commercial agreement, entered into under subchapter IV of this chapter after January 3, 1975, is transmitted to the House of Representatives and the Senate, an approval resolution with respect to such agreement shall be introduced (by request) in the House by the majority leader of the House, for himself and the minority leader of the House, or by Members of the House designated by the majority leader and minority leader of the House; and shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate. If either House is not in session on the day on which such an agreement is transmitted, the approval resolution with respect to such agreement shall be introduced in that House, as provided in the preceding sentence, on the first day thereafter on [[Page 773]] which that House is in session. The approval resolution introduced in the House shall be referred to the Committee on Ways and Means and the approval resolution introduced in the Senate shall be referred to the Committee on Finance. (d) Amendments prohibited No amendment to an implementing bill or approval resolution shall be in order in either the House of Representatives or the Senate; and no motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House for the Presiding Officer to entertain a request to suspend the application of this subsection by unanimous consent. (e) Period for committee and floor consideration (1) Except as provided in paragraph (2), if the committee or committees of either House to which an implementing bill or approval resolution has been referred have not reported it at the close of the 45th day after its introduction, such committee or committees shall be automatically discharged from further consideration of the bill or resolution and it shall be placed on the appropriate calendar. A vote on final passage of the bill or resolution shall be taken in each House on or before the close of the 15th day after the bill or resolution is reported by the committee or committees of that House to which it was referred, or after such committee or committees have been discharged from further consideration of the bill or resolution. If prior to the passage by one House of an implementing bill or approval resolution of that House, that House receives the same implementing bill or approval resolution from the other House, then-- (A) the procedure in that House shall be the same as if no implementing bill or approval resolution had been received from the other House; but (B) the vote on final passage shall be on the implementing bill or approval resolution of the other House. (2) The provisions of paragraph (1) shall not apply in the Senate to an implementing revenue bill or resolution. An implementing revenue bill or resolution received from the House shall be referred to the appropriate committee or committees of the Senate. If such committee or committees have not reported such bill at the close of the 15th day after its receipt by the Senate (or, if later, before the close of the 45th day after the corresponding implementing revenue bill or resolution was introduced in the Senate), such committee or committees shall be automatically discharged from further consideration of such bill or resolution and it shall be placed on the calendar. A vote on final passage of such bill or resolution shall be taken in the Senate on or before the close of the 15th day after such bill or resolution is reported by the committee or committees of the Senate to which it was referred, or after such committee or committees have been discharged from further consideration of such bill or resolution. (3) For purposes of paragraphs (1) and (2), in computing a number of days in either House, there shall be excluded any day on which that House is not in session. [[Page 774]] (f) Floor consideration in the House (1) A motion in the House of Representatives to proceed to the consideration of an implementing bill or approval resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Debate in the House of Representatives on an implementing bill or approval resolution shall be limited to not more than 20 hours, which shall be divided equally between those favoring and those opposing the bill or resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit an implementing bill or approval resolution or to move to reconsider the vote by which an implementing bill or approval resolution is agreed to or disagreed to. (3) Motions to postpone, made in the House of Representatives with respect to the consideration of an implementing bill or approval resolution, and motions to proceed to the consideration of other business, shall be decided without debate. (4) All appeals from the decisions of the chair relating to the application of the Rules of the House of Representatives to the procedure relating to an implementing bill or approval resolution shall be decided without debate. (5) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of an implementing bill or approval resolution shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions in similar circumstances. (g) Floor consideration in the Senate (1) A motion in the Senate to proceed to the consideration of an implementing bill or approval resolution shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Debate in the Senate on an implementing bill or approval resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (3) Debate in the Senate on any debatable motion or appeal in connection with an implementing bill or approval resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or resolution, except that in the event the manager of the bill or resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of an implementing bill or approval resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. (4) A motion in the Senate to further limit debate is not debatable. A motion to recommit an implementing bill or approval resolution is not in order. (Jan. 3, 1975, Pub. L. 93-618, Sec. 151, 88 Stat. 2001; Aug. 23, 1988, Pub. L. 100- 418, Sec. 1007(b)(1), 102 Stat. 1135; Aug. 20, 1990, [[Page 775]] Pub. L. 101-382, Sec. 132(b)(2), 104 Stat. 645; Dec. 8, 1994, Pub. L. 103-465, Title II, Sec. 282(c)(4), 108 Stat. 4929.) 1001 Sec. 2192. Resolutions disapproving certain actions (a) Contents of resolutions (1) For purposes of this section, the term ``resolution'' means only-- (A) a joint resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: ``That the Congress does not approve the action taken by, or the determination of, the President under section 203 of the Trade Act of 1974 [19 U.S.C. 2253] transmitted to the Congress on ---------- '', the blank space being filled with the appropriate date; and (B) a joint resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: ``That the Congress does not approve ---------- transmitted to the Congress on ----------'', with the first blank space being filled in accordance with paragraph (2), and the second blank space being filled with the appropriate date. (2) The first blank space referred to in paragraph (1)(B) shall be filled, in the case of a resolution referred to in section 2437(c)(2) of this title, with the phrase ``the report of the President submitted under section ------ of the Trade Act of 1974 with respect to ----------'' (with the first blank space being filled with ``402(b)'' or ``409(b)'' [19 U.S.C. 2432(b) or 2439(b)] as appropriate, and the second blank space being filled with the name of the country involved). (b) Reference to committees All resolutions introduced in the House of Representatives shall be referred to the Committee on Ways and Means and all resolutions introduced in the Senate shall be referred to the Committee on Finance. (c) Discharge of committees (1) If the committee of either House to which a resolution has been referred has not reported it at the end of 30 days after its introduction, not counting any day which is excluded under section 2194(b) of this title, it is in order to move either to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of any other resolution introduced with respect to the same matter, except that a motion to discharge-- (A) may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his intention to do so; and (B) is not in order after the Committee has reported a resolution with respect to the same matter. (2) A motion to discharge under paragraph (1) may be made only by an individual favoring the resolution, and is highly privileged in the House and privileged in the Senate; and debate thereon shall be limited to not more than 1 hour, the time to be divided in the House equally between those favoring and those opposing the resolution, and to be divided in the Senate equally between, and controlled by, the majority leader and the minority leader or their designees. An amendment to the motion is not in order, and it is not in order to move [[Page 776]] to reconsider the vote by which the motion is agreed to or disagreed to. (d) Floor consideration in the House (1) A motion in the House of Representatives to proceed to the consideration of a resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Debate in the House of Representatives on a resolution shall be limited to not more than 20 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. No amendment to, or motion to recommit, the resolution shall be in order. It shall not be in order to move to reconsider the vote by which a resolution is agreed to or disagreed to. (3) Motions to postpone, made in the House of Representatives with respect to the consideration of a resolution, and motions to proceed to the consideration of other business shall be decided without debate. (4) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a resolution shall be decided without debate. (5) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a resolution in the House of Representatives shall be governed by the Rules of the House of Representatives applicable to other resolutions in similar circumstances. (e) Floor consideration in the Senate (1) A motion in the Senate to proceed to the consideration of a resolution shall be privileged. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Debate in the Senate on a resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (3) Debate in the Senate on any debatable motion or appeal in connection with a resolution shall be limited to not more than 1 hour, to be equally divided, between, and controlled by, the mover and the manager of the resolution, except that it the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. (4) A motion in the Senate to further limit debate on a resolution, debatable motion, or appeal is not debatable. No amendment to, or motion to recommit, a resolution is in order in the Senate. (f) Procedures in the Senate (1) Except as otherwise provided in the section, the following procedures shall apply in the Senate to a resolution to which this section applies: [[Page 777]] (A)(i) Except as provided in clause (ii), a resolution that has passed the House of Representatives shall, when received in the Senate, be referred to the Committee on Finance for consideration in accordance with this section. (ii) If a resolution to which this section applies was introduced in the Senate before receipt of a resolution that has passed the House of Representatives, the resolution from the House of Representatives shall, when received in the Senate be placed on the calendar. If this clause applies, the procedures in the Senate with respect to a resolution introduced in the Senate that contains the identical matter as the resolution that passed the House of Representatives shall be the same as if no resolution had been received from the House of Representatives, except that the vote on passage in the Senate shall be on the resolution that passed the House of Representatives. (B) If the Senate passes a resolution before receiving from the House of Representatives a joint resolution that contains the identical matter, the joint resolution shall be held at the desk pending receipt of the joint resolution from the House of Representatives. Upon receipt of the joint resolution from the House of Representatives, such joint resolution shall be deemed to be read twice, considered, read the third time, and passed. (2) If the texts of joint resolutions described in section 2192 or 2193(a) of this title, whichever is applicable, concerning any matter are not identical-- (A) the Senate shall vote passage on the resolution introduced in the Senate, and (B) the text of the joint resolution passed by the Senate shall, immediately upon its passage (or, if later, upon receipt of the joint resolution passed by the House), be substituted for the text of the joint resolution passed by the House of Representatives, and such resolution, as amended, shall be returned with a request for a conference between the two Houses. (3) Consideration in the Senate of any veto message with respect to a joint resolution described in subsection (a)(2)(B) of this section or section 2193(a) of this title, including consideration of all debatable motions and appeals in connection therewith, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (Jan. 3, 1975, Pub. L. 93-618, Sec. 152, 88 Stat. 2004; July 26, 1979, Pub. L. 96-39, Sec. 902(a)(1), 1106(c)(5), 93 Stat 299, 312; Oct. 30, 1984, Pub. L. 98-573, Sec. 248(b), 98 Stat. 2998; Aug. 20, 1990, Pub. L. 101-382, Sec. 132(c)(2)- (5), 104 Stat. 646, 647; Dec. 8, 1994, Pub. L. 103-465, Sec. 261(d)(1)(A)(ii), 108 Stat. 4909; Pub. L. 104-295, Sec. 20(b)(10), Oct. 11, 1996, 110 Stat. 3527.) 1002 Sec. 2193. Resolutions relating to extension of waiver authority under section 402 of the Trade Act of 1974. (a) Contents of resolutions For purposes of this section the term ``resolution'' means only a joint resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: ``That the Congress does not approve the extension of the authority contained in section 402(c) of the Trade Act of 1974 [19 U.S.C. 2432(c)] recommended by the President to the [[Page 778]] Congress on ---------- with respect to ----------,'' with the first blank space being filled with the appropriate date, and the second blank space being filled with the names of those countries, if any, with respect to which such extension of authority is not approved and with the clause beginning with ``with respect to'' being omitted if the extension of the authority is not approved with respect to any country. (b) Application of rules of section 2192 of this title; exceptions (1) Except as provided in this section, the provisions of section 2192 of this title shall apply to resolutions described in subsection (a) of this section. (2) In applying section 2192(c)(1) of this title, all calendar days shall be counted. (3) That part of section 2192(d)(2) of this title which provides that no amendment is in order shall not apply to any amendment to a resolution which is limited to striking out or inserting the names of one or more countries or to striking out or inserting a with-respect-to clause. Debate in the House of Representatives on any amendment to a resolution shall be limited to not more than 1 hour which shall be equally divided between those favoring and those opposing the amendment. A motion in the House to further limit debate on an amendment to a resolution is not debatable. (4) That part of section 2192(e)(4) of this title which provides that no amendment is in order shall not apply to any amendment to a resolution which is limited to striking out or inserting the names of one or more countries or to striking out or inserting a with-respect-to clause. The time limit on a debate on a resolution in the Senate under section 2192(e)(2) of this title shall include all amendments to a resolution. Debate in the Senate on any amendment to a resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event the manager of the resolution is in favor of any such amendment, the time in opposition thereto shall be controlled by the minority leader or his designee. The majority leader and minority leader may, from time under their control on the passage of a resolution, allot additional time to any Senator during the consideration of any amendment. A motion in the Senate to further limit debate on an amendment to a resolution is not debatable. (c) Consideration of second resolution not in order It shall not be in order in either the House of Representatives or the Senate to consider a resolution with respect to a recommendation of the President under section 2432(d) of this title (other than a resolution described in subsection (a) of this section received from the other House), if that House has adopted a resolution with respect to the same recommendation. (d) Procedures relating to conference reports in the Senate (1) Consideration in the Senate of the conference report on any joint resolution described in subsection (a) of this section, including consideration of all amendments in disagreement (and all amendments thereto), and consideration of all debatable motions and appeals in connection therewith, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their [[Page 779]] designees. Debate on any debatable motion or appeal related to the conference report shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the conference report. (2) In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment to any amendment in disagreement shall be received unless it is a germane amendment. (Pub. L. 93-618, Title I, Sec. 153, Jan. 3, 1975, 88 Stat. 2006; Aug. 20, 1990, Pub. L. 101-382, Sec. 132(a)(3)-(6), 104 Stat. 644, 645.) 1003 Sec. 2194. Special rules relating to Congressional procedures. (a) Whenever, pursuant to section 2112(c), 2253(b), 2432(d), or 2437 (a) or (b), a document is required to be transmitted to the Congress, copies of such document shall be delivered to both Houses of Congress on the same day and shall be delivered to the Clerk of the House of Representatives if the House is not in session and to the Secretary of the Senate if the Senate is not in session. (b) For purposes of sections 2253(c) and 2437(c)(2) of this title, the 90-day period referred to in such sections shall be computed by excluding-- (1) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die, and (2) any Saturday and Sunday, not excluded under paragraph (1), when either House is not in session. (Jan. 3, 1975, Pub. L. 93-618, Sec. 154, 88 Stat. 2008; July 26, 1979, Pub. L. 96-39, Sec. 902(a)(2), 93 Stat. 300; Aug. 20, 1990, Pub. L. 101-382, Sec. 132(c)(6), 104 Stat. 647; Pub. L. 103-465, Title II, Sec. 261(d)(1)(A)(iii), Dec. 8, 1994, 108 Stat. 4909; June 25, 1999, Pub. L. 106-36, Sec. 1001(a)(5), 113 Stat. 130.) Part 6.--CONGRESSIONAL LIAISON AND REPORTS 1004 Sec. 2211. Congressional advisers for trade policy and negotiations. (a) Selection (1) At the beginning of each regular session of Congress, the Speaker of the House of Representatives, upon the recommendation of the chairman of the Committee on Ways and Means, shall select 5 members (not more than 3 of whom are members of the same political party) of such committee, and the President pro tempore of the Senate, upon the recommendation of the chairman of the Committee on Finance, shall select 5 members (not more than 3 of whom are members of the same political party) of such committee, who shall be designated congressional advisers on trade policy and negotiations. They shall provide advice on the development of trade policy and priorities for the implementation thereof. They shall also be accredited by the United States Trade Representative on behalf of the President as official advisers to the United States delegations to international conferences, meetings, and negotiating sessions relating to trade agreements. [[Page 780]] (2)(A) In addition to the advisers designated under paragraph (1) from the Committee on Ways and Means and the Committee on Finance-- (i) the Speaker of the House may select additional members of the House, for designation as congressional advisers regarding specific trade policy matters or negotiations, from any other committee of the House or joint committee of Congress that has jurisdiction over legislation likely to be affected by such matters or negotiations; and (ii) the President pro tempore of the Senate may select additional members of the Senate, for designation as congressional advisers regarding specific trade policy matters or negotiations, from any other committee of the Senate or joint committee of Congress that has jurisdiction over legislation likely to be affected by such matters or negotiations. Members of the House and Senate selected as congressional advisers under this subparagraph shall be accredited by the United States Trade Representative. (B) Before designating any member under subparagraph (A), the Speaker or the President pro tempore shall consult with-- (i) the chairman and ranking member of the Committee on Ways and Means or the Committee on Finance, as appropriate; and (ii) the chairman and ranking minority member of the committee from which the member will be selected. (C) Not more than 3 members (not more than 2 of whom are members of the same political party) may be selected under this paragraph as advisers from any committee of Congress. (b) Briefing (1) The United States Trade Representative shall keep each official adviser designated under subsection (a)(1) currently informed on matters affecting the trade policy of the United States and, with respect to possible agreements, negotiating objectives, the status of negotiations in progress, and the nature of any changes in domestic law or the administration thereof which may be recommended to Congress to carry out any trade agreement or any requirement of, amendment to, or recommendation under, such agreement. (2) The United States Trade Representative shall keep each official adviser designated under subsection (a)(2) of this section currently informed regarding the trade policy matters and negotiations with respect to which the adviser is designated. (3)(A) The chairmen of the Committee on Ways and Means and the Committee on Finance may designate members (in addition to the official advisers under subsection (a)(1) of this section) and staff members of their respective committees who shall have access to the information provided to official advisers under paragraph (1). (B) The chairman of any committee of the House or Senate or any joint committee of Congress from which official advisers are selected under subsection (a)(2) may designate other members of such committee, and staff members of such committee, who shall have access to the information provided to official advisers under paragraph (2). [[Page 781]] (c) Committee consultation The United States Trade Representative shall consult on a continuing basis with the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the other appropriate committees of the House and Senate on the development, implementation, and administration of overall trade policy of the United States. Such consultations shall include, but are not limited to, the following elements of such policy: (1) The principal multilateral and bilateral negotiating objectives and the progress being made toward their achievement. (2) The implementation, administration, and effectiveness of recently concluded multilateral and bilateral trade agreements and resolution of trade disputes. (3) The actions taken, and proposed to be taken, under the trade laws of the United States and the effectiveness, or anticipated effectiveness, of such actions in achieving trade policy objectives. (4) The important developments and issues in other areas of trade for which there must be developed proper policy response. When necessary, meetings shall be held with each Committee in executive session to review matters under negotiation. (Jan. 3, 1975, Pub. L. 93-618, Sec. 161, 88 Stat. 2008; July 26, 1979, Pub. L. 96-39, Sec. 3(e), 93 Stat. 150; Jan. 2, 1980, 1979 Reorg. Plan No. 3, Sec. (b)(1), 93 Stat. 1381; Aug. 23, 1988, Pub. L. 100-418, Sec. 1632, 102 Stat. 1269.) 1005 Sec. 2212. Transmission of agreements to Congress. (a) As soon as practicable after a trade agreement entered into under section 2133 or 2134 of this title or under section 3803 of this title has entered into force with respect to the United States, the President shall, if he has not previously done so, transmit a copy of such trade agreement to each House of the Congress together with a statement, in the light of the advice of the International Trade Commission under section 2151(b) of this title, if any, and of other relevant considerations, of his reasons for entering into the agreement. (b) The President shall transmit to each Member of the Congress a summary of the information required to be transmitted to each House under subsection (a) of this section. For purposes of this subsection, the term ``Member'' includes any Delegate or Resident Commissioner. (Jan. 3, 1975, Pub. L. 93-618, Sec. 162, 88 Stat. 2008; Nov. 10, 1988, Pub. L. 100-647, Sec. 9001(a)(10), 102 Stat. 3807.) 1006 Sec. 2213. Reports. (a) Annual report on trade agreements program and national trade policy agenda (1) The President shall submit to the Congress during each calendar year (but not later than March 1 of that year) a report on-- (A) the operation of the trade agreements program, and the provision of import relief and adjustment assistance to workers and firms, under this Act during the preceding calendar year; and (B) the national trade policy agenda for the year in which the report is submitted. [[Page 782]] (2) The report shall include, with respect to the matters referred to in paragraph (1)(A), information regarding-- (A) new trade negotiations; (B) changes made in duties and nontariff barriers and other distortions of trade of the United States; (C) reciprocal concessions obtained; (D) changes in trade agreements (including the incorporation therein of actions taken for import relief and compensation provided therefor); (E) the extension or withdrawal of nondiscriminatory treatment by the United States with respect to the products of foreign countries; (F) the extension, modification, withdrawal, suspension, or limitation of preferential treatment to exports of developing countries; (G) the results of actions to obtain the removal of foreign trade restrictions (including discriminatory restrictions) against United States exports and the removal of foreign practices which discriminate against United States service industries (including transportation and tourism) and investment; (H) the measures being taken to seek the removal of other significant foreign import restrictions; (I) each of the referrals made under section 2171(d)(1)(B) of this title and any action taken with respect to such referral; (J) other information relating to the trade agreements program and to the agreements entered into thereunder; and (K) the number of applications filed for adjustment assistance for workers and firms, the number of such applications which were approved, and the extent to which adjustment assistance has been provided under such approved applications. (3)(A) The national trade policy agenda required under paragraph (1)(B) for the year in which a report is submitted shall be in the form of a statement of-- (i) the trade policy objectives and priorities of the United States for the year, and the reasons therefor; (ii) the actions proposed, or anticipated, to be undertaken during the year to achieve such objectives and priorities, including, but not limited to, actions authorized under the trade laws and negotiations with foreign countries; (iii) any proposed legislation necessary or appropriate to achieve any of such objectives or priorities; and (iv) the progress that was made during the preceding year in achieving the trade policy objectives and priorities included in the statement provided for that year under this paragraph. (B) The President may separately submit any information referred to in subparagraph (A) to the Congress in confidence if the President considers confidentiality appropriate. (C) Before submitting the national trade policy agenda for any year, the President shall seek advice from the appropriate advisory committees established under section 2155 of this title and shall consult with the appropriate committees of the Congress. (D) The United States Trade Representative (hereafter referred to in this section as the ``Trade Representative'') and other appro [[Page 783]] priate officials of the United States Government shall consult periodically with the appropriate committees of the Congress regarding the annual objectives and priorities set forth in each national trade policy agenda with respect to-- (i) the status and results of the actions that have been undertaken to achieve the objectives and priorities; and (ii) any development which may require, or result in, changes to any of such objectives or priorities. (b) Annual trade projection report (1) In order for the Congress to be informed of the impact of foreign trade barriers and macroeconomic factors on the balance of trade of the United States, the Trade Representative and the Secretary of the Treasury shall jointly prepare and submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives (hereafter referred to in this subsection as the ``Committees'') on or before March 1 of each year a report which consists of-- (A) a review and analysis of-- (i) the merchandise balance of trade, (ii) the goods and services balance of trade, (iii) the balance on the current account, (iv) the external debt position, (v) the exchange rates, (vi) the economic growth rates, (vii) the deficit or surplus in the fiscal budget, and (viii) the impact on United States trade of market barriers and other unfair practices, of countries that are major trading partners of the United States, including, as appropriate, groupings of such countries; (B) projections for each of the economic factors described in subparagraph (A) (except those described in clauses (v) and (viii)) for each of the countries and groups of countries referred to in subparagraph (A) for the year in which the report is submitted and for the succeeding year; and (C) conclusions and recommendations, based upon the projections referred to in subparagraph (B), for policy changes, including trade policy, exchange rate policy, fiscal policy, and other policies that should be implemented to improve the outlook. (2) To the extent that subjects referred to in paragraph (1) (A), (B), or (C) are covered in the national trade policy agenda required under subsection (a)(1)(B) or in other reports required by this Act or other law, the Trade Representative and the Secretary of the Treasury may, as appropriate, draw on the information, analysis, and conclusions, if any, in those reports for the purposes of preparing the report required by this subsection. (3) The Trade Representative and the Secretary of the Treasury shall consult with the Chairman of the Board of Governors of the Federal Reserve System in the preparation of each report required under this subsection. (4) The Trade Representative and the Secretary of the Treasury may separately submit any information, analysis, or conclusion referred to in paragraph (1) to the Committees in confidence if the [[Page 784]] Trade Representative and the Secretary consider confidentiality appropriate. (5) After submission of each report required under paragraph (1), the Trade Representative and the Secretary of the Treasury shall consult with each of the Committees with respect to the report. (c) ITC reports. The United States International Trade Commission shall submit to the Congress, at least once a year, a factual report on the operation of the trade agreements program. (Jan. 3, 1975, Pub. L. 93-618, Sec. 163, 88 Stat. 2009; Aug. 23, 1988, Pub. L. 100-418, Sec. 1641, 102 Stat. 1271.) * * * * * * * Part 8.--IDENTIFICATION OF MARKET BARRIERS AND CERTAIN UNFAIR TRADE ACTIONS 1007 Sec. 2241. Estimates of barriers to market access. (a) National trade estimates (1) In general For calendar year 1988, and for each succeeding calendar year, the United States Trade Representative, through the interagency trade organization established pursuant to section 1872(a) of this title and with the assistance of the interagency advisory committee established under section 2171(d)(2) of this title, shall-- (A) identify and analyze acts, policies, or practices of each foreign country which constitute significant barriers to, or distortions of-- (i) United States exports of goods or services (including agricultural commodities; and property protected by trademarks, patents, and copyrights exported or licensed by United States persons), (ii) foreign direct investment by United States persons, especially if such investment has implications for trade in goods or services; and (iii) United States electronic commerce, (B) make an estimate of the trade- distorting impact on United States commerce of any act, policy, or practice identified under subparagraph (A); and (C) make an estimate, if feasible, of-- (i) the value of additional goods and services of the United States, (ii) the value of additional foreign direct investment by United States persons, and (iii) the value of additional United States electronic commerce, that would have been exported to, or invested in, or transacted with, each foreign country during such calendar year if each of such acts, policies, and practices of such country did not exist. [[Page 785]] (2) Certain factors taken into account in making analysis and estimate In making any analysis or estimate under paragraph (1), the Trade Representative shall take into account-- (A) the relative impact of the act, policy, or practice on United States commerce; (B) the availability of information to document prices, market shares, and other matters necessary to demonstrate the effects of the act, policy, or practice; (C) the extent to which such act, policy, or practice is subject to international agreements to which the United States is a party; (D) any advice given through appropriate committees established pursuant to section 2155 of this title; and (E) the actual increase in-- (i) the value of goods and services of the United States exported to, (ii) the value of foreign direct investment made in, and (iii) the value of electronic commerce transacted with, the foreign country during the calendar year for which the estimate under paragraph (1)(C) is made. (3) Annual revisions and updates The Trade Representative shall annually revise and update the analysis and estimate under paragraph (1). (b) Reports (1) In general On or before April 30, 1989, and on or before March 31 of each succeeding calendar year, the Trade Representative shall submit a report on the analysis and estimates made under subsection (a) of this section for the calendar year preceding such calendar year (which shall be known as the ``National Trade Estimate'') to the President, the Committee on Finance of the Senate, and appropriate committees of the House of Representatives. (2) Reports to include information with respect to action being taken The Trade Representative shall include in each report submitted under paragraph (1) information with respect to any action taken (or the reasons for no action taken) to eliminate any act, policy, or practice identified under subsection (a), including, but not limited to-- (A) any action under section 2411 of this title, (B) negotiations or consultations with foreign governments, or (C) a section on foreign anticompetitive practices, the toleration of which by foreign governments is adversely affecting exports of United States goods or services. (3) Consultation with Congress on trade policy priorities The Trade Representative shall keep the committees described in paragraph (1) currently informed with respect to trade policy priorities for the purposes of expanding market opportunities. After the submission of the report required by paragraph (1), the Trade [[Page 786]] Representative shall also consult periodically with, and take into account the views of, the committees described in that paragraph regarding means to address the foreign trade barriers identified in the report, including the possible initiation of investigations under section 2412 of this title or other trade actions. (c) Assistance of other agencies (1) Furnishing of information The head of each department or agency of the executive branch of the Government, including any independent agency, is authorized and directed to furnish to the Trade Representative or to the appropriate agency, upon request, such data, reports, and other information as is necessary for the Trade Representative to carry out his functions under this section. In preparing the section of the report required by subsection (b)(2)(C) of this section, the Trade Representative shall consult in particular with the Attorney General. (2) Restrictions on release or use of information Nothing in this subsection shall authorize the release of information to, or the use of information by, the Trade Representative in a manner inconsistent with law or any procedure established pursuant thereto. (3) Personnel and services The head of any department, agency, or instrumentality of the United States may detail such personnel and may furnish such services, with or without reimbursement, as the Trade Representative may request to assist in carrying out his functions. (d) Electronic commerce For purposes of this section, the term ``electronic commerce'' has the meaning given that term in section 1104(3) of the Internet Tax Freedom Act. (Pub. L. 93-618, Title I, Sec. 181, as added Pub. L. 98-573, Title III, Sec. 303(a), Oct. 30, 1984, 98 Stat. 3001, and amended Pub. L. 100-418, Title I, Sec. 1304, Aug. 23, 1988, 102 Stat. 1181; Pub. L. 103-465, Title III, Sec. Sec. 311(a), 312, Dec. 8, 1994, 108 Stat. 4938; Pub. L. 105-277, Div. C, Title XII, Sec. 1202, Oct. 21, 1998, 112 Stat. 2681-726.) * * * * * * * Chapter 22.--URUGUAY ROUND TRADE AGREEMENTS * * * * * * * 1008 Sec. 3534. Annual report on the WTO Not later than March 1 of each year beginning in 1996, the Trade Representative shall submit to the Congress a report describing, for the preceding fiscal year of the WTO-- (1) the major activities and work programs of the WTO, including the functions and activities of the committees established under article IV of the WTO Agreement, and the expenditures made by the WTO in connection with those activities and programs; (2) the percentage of budgetary assessments by the WTO that were accounted for by each WTO member county, including the United States; [[Page 787]] (3) the total number of personnel employed or retained by the Secretariat of the WTO, and the number of professional, administrative, and support staff of the WTO; (4) for each personnel category described in paragraph (3), the number of citizens of each country, and the average salary of the personnel, in that category; (5) each report issued by a panel or the Appellate Body in a dispute settlement proceeding regarding Federal or State law, and any efforts by the Trade Representative to provide for implementation of the recommendations contained in a report that is adverse to the United States; (6) each proceeding before a panel or the Appellate Body that was initiated during that fiscal year regarding Federal or State law, the status of the proceeding, and the matter at issue; (7) the status of consultations with any State whose law was the subject of a report adverse to the United States that was issued by a panel or the Appellate Body; and (8) any progress achieved in increasing the transparency of proceedings of the Ministerial Conference and the General Council, and of dispute settlement proceedings conducted pursuant to the Dispute Settlement Understanding. (Dec. 8, 1994, Pub.L. 103-465, Title I, Sec. 124, 108 Stat. 4832.) 1009 Sec. 3535. Review of Participation in the WTO. (a) Report on the operation of the WTO The first annual report submitted to the Congress under section 3534 of this title-- (1) after the end of the 5-year period beginning on the date on which the WTO Agreement enters into force with respect to the United States, and (2) after the end of every 5-year period thereafter, shall include an analysis of the effects of the WTO Agreement on the interests of the United States, the costs and benefits to the United States of its participation in the WTO, and the value of the continued participation of the United States in the WTO. (b) Congressional disapproval of U.S. participation in the WTO (1) General rule The approval of the Congress, provided under section 3511(a) of this title, of the WTO Agreement shall cease to be effective if, and only if, a joint resolution described in subsection (c) of this section is enacted into law pursuant to the provisions of paragraph (2). (2) Procedural provisions (A) The requirements of this paragraph are met if the joint resolution is enacted under subsection (c) of this section, and-- (i) the Congress adopts and transmits the joint resolution to the President before the end of the 90-day period (excluding any day described in section 2194(b) of this title), beginning on the date on which the Congress receives a report referred to in subsection (a) of this section, and (ii) if the President vetoes the joint resolution, each House of Congress votes to override that veto on or before the later [[Page 788]] of the last day of the 90-day period referred to in clause (i) or the last day of the 15-day period (excluding any day described in section 2194(b) of this title) beginning on the date on which the Congress receives the veto message from the President. (B) A joint resolution to which this section applies may be introduced at any time on or after the date on which the President transmits to the Congress a report described in subsection (a) of this section, and before the end of the 90-day period referred to in subparagraph (A). (c) Joint resolutions (1) Joint resolutions For purposes of this section, the term ``joint resolution'' means only a joint resolution of the 2 Houses of Congress, the matter after the resolving clause of which is as follows: ``That the Congress withdraws its approval, provided under section 101(a) of the Uruguay Round Agreements Act, of the WTO Agreement as defined in section 2(9) of that Act.''. (2) Procedures (A) Joint resolutions may be introduced in either House of the Congress by any member of such House. (B) Subject to the provisions of this subsection, the provisions of subsections (b), (d), (e), and (f) of section 2192 of this title apply to joint resolutions to the same extent as such provisions apply to resolutions under such section. (C) If the committee of either House to which a joint resolution has been referred has not reported it by the close of the 45th day after its introduction (excluding any day described in section 2194(b) of this title), such committee shall be automatically discharged from further consideration of the joint resolution and it shall be placed on the appropriate calendar. (D) It is not in order for-- (i) the Senate to consider any joint resolution unless it has been reported by the Committee on Finance or the committee has been discharged under subparagraph (C); or (ii) the House of Representatives to consider any joint resolution unless it has been reported by the Committee on Ways and Means or the committee has been discharged under subparagraph (C). (E) A motion in the House of Representatives to proceed to the consideration of a joint resolution may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his or her intention to do so. (3) Consideration of second resolution not in order It shall not be in order in either the House of Representatives or the Senate to consider a joint resolution (other than a joint resolution received from the other House), if that House has previously adopted a joint resolution under this section. (d) Rules of House of Representatives and Senate This section is enacted by the Congress-- [[Page 789]] (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rules of that House. (Pub. L. 103-465, Dec. 8, 1994, Title I, Sec. 125, 108 Stat. 4833.) * * * * * * * Chapter 24.--BIPARTISAN TRADE PROMOTION AUTHORITY * * * * * * * 1010 Sec. 3803. Trade Agreements Authority. (a) Agreements Regarding Tariff Barriers (1) In general Whenever the President determines that one or more existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes, policies, priorities, and objectives of this title will be promoted thereby, the President-- (A) may enter into trade agreements with foreign countries before-- (i) June 1, 2005; or (ii) June 1, 2007, if trade authorities procedures are extended under subsection (c); and (B) may, subject to paragraphs (2) and (3), proclaim-- (i) such modification or continuance of any existing duty, (ii) such continuance of existing duty- free or excise treatment, or (iii) such additional duties, as the President determines to be required or appropriate to carry out any such trade agreement. The President shall notify the Congress of the President's intention to enter into an agreement under this subsection. (2) Limitations No proclamation may be made under paragraph (1) that-- (A) reduces any rate of duty (other than a rate of duty that does not exceed 5 percent ad valorem on the date of the enactment of this Act) to a rate of duty which is less than 50 percent of the rate of such duty that applies on such date of enactment; (B) reduces the rate of duty below that applicable under the Uruguay Round Agreements, on any import sensitive agricultural product; or (C) increases any rate of duty above the rate that applied on the date of the enactment of this Act. (3) Aggregate reduction; exemption from staging (A) Aggregate reduction.--Except as provided in subparagraph (B), the aggregate reduction in the rate of duty on any article which [[Page 790]] is in effect on any day pursuant to a trade agreement entered into under paragraph (1) shall not exceed the aggregate reduction which would have been in effect on such day if-- (i) a reduction of 3 percent ad valorem or a reduction of one-tenth of the total reduction, whichever is greater, had taken effect on the effective date of the first reduction proclaimed under paragraph (1) to carry out such agreement with respect to such article; and (ii) a reduction equal to the amount applicable under clause (i) had taken effect at 1-year intervals after the effective date of such first reduction. (B) Exemption from staging.--No staging is required under subparagraph (A) with respect to a duty reduction that is proclaimed under paragraph (1) for an article of a kind that is not produced in the United States. The United States International Trade Commission shall advise the President of the identity of articles that may be exempted from staging under this subparagraph. (4) Rounding If the President determines that such action will simplify the computation of reductions under paragraph (3), the President may round an annual reduction by an amount equal to the lesser of-- (A) the difference between the reduction without regard to this paragraph and the next lower whole number; or (B) one-half of 1 percent ad valorem. (5) Other limitations A rate of duty reduction that may not be proclaimed by reason of paragraph (2) may take effect only if a provision authorizing such reduction is included within an implementing bill provided for under section 3805 and that bill is enacted into law. (6) Other tariff modifications Notwithstanding paragraphs (1)(B), (2)(A), (2)(C), and (3) through (5), and subject to the consultation and layover requirements of section 115 of the Uruguay Round Agreements Act, the President may proclaim the modification of any duty or staged rate reduction of any duty set forth in Schedule XX, as defined in section 2(5) of that Act, if the United States agrees to such modification or staged rate reduction in a negotiation for the reciprocal elimination or harmonization of duties under the auspices of the World Trade Organization. (7) Authority under Uruguay Round Agreements Act not affected Nothing in this subsection shall limit the authority provided to the President under section 111(b) of the Uruguay Round Agreements Act (19 U.S.C. 3521(b)). (b) Agreements Regarding Tariff and Nontariff Barriers (1) In general (A) Whenever the President determines that-- (i) one or more existing duties or any other import restriction of any foreign country or the United States or any other barrier to, or other distortion of, international trade unduly burdens [[Page 791]] or restricts the foreign trade of the United States or adversely affects the United States economy, or (ii) the imposition of any such barrier or distortion is likely to result in such a burden, restriction, or effect, and that the purposes, policies, priorities, and objectives of this title will be promoted thereby, the President may enter into a trade agreement described in subparagraph (B) during the period described in subparagraph (C). (B) The President may enter into a trade agreement under subparagraph (A) with foreign countries providing for-- (i) the reduction or elimination of a duty, restriction, barrier, or other distortion described in subparagraph (A); or (ii) the prohibition of, or limitation on the imposition of, such barrier or other distortion. (C) The President may enter into a trade agreement under this paragraph before-- (i) June 1, 2005; or (ii) June 1, 2007, if trade authorities procedures are extended under subsection (c). (2) Conditions A trade agreement may be entered into under this subsection only if such agreement makes progress in meeting the applicable objectives described in section 3802(a) and (b) and the President satisfies the conditions set forth in section 3804. (3) Bills qualifying for trade authorities procedures (A) The provisions of section 151 of the Trade Act of 1974 (in this title referred to as ``trade authorities procedures'') apply to a bill of either House of Congress which contains provisions described in subparagraph (B) to the same extent as such section 151 applies to implementing bills under that section. A bill to which this paragraph applies shall hereafter in this title be referred to as an ``implementing bill''. (B) The provisions referred to in subparagraph (A) are-- (i) a provision approving a trade agreement entered into under this subsection and approving the statement of administrative action, if any, proposed to implement such trade agreement; and (ii) if changes in existing laws or new statutory authority are required to implement such trade agreement or agreements, provisions, necessary or appropriate to implement such trade agreement or agreements, either repealing or amending existing laws or providing new statutory authority. (c) Extension Disapproval Process for Congressional Trade Authorities Procedures (1) In general Except as provided in section 3805(b)-- (A) the trade authorities procedures apply to implementing bills submitted with respect to trade agreements entered into under subsection (b) before July 1, 2005; and (B) the trade authorities procedures shall be extended to implementing bills submitted with respect to trade agreements entered [[Page 792]] into under subsection (b) after June 30, 2005, and before July 1, 2007, if (and only if)-- (i) the President requests such extension under paragraph (2); and (ii) neither House of the Congress adopts an extension disapproval resolution under paragraph (5) before June 1, 2005. (2) Report to Congress by the President If the President is of the opinion that the trade authorities procedures should be extended to implementing bills described in paragraph (1)(B), the President shall submit to the Congress, not later than March 1, 2005, a written report that contains a request for such extension, together with-- (A) a description of all trade agreements that have been negotiated under subsection (b) and the anticipated schedule for submitting such agreements to the Congress for approval; (B) a description of the progress that has been made in negotiations to achieve the purposes, policies, priorities, and objectives of this title, and a statement that such progress justifies the continuation of negotiations; and (C) a statement of the reasons why the extension is needed to complete the negotiations. (3) Other reports to Congress (A) Report by the advisory committee. The President shall promptly inform the Advisory Committee for Trade Policy and Negotiations established under section 135 of the Trade Act of 1974 (19 U.S.C. 2155) of the President's decision to submit a report to the Congress under paragraph (2). The Advisory Committee shall submit to the Congress as soon as practicable, but not later than May 1, 2005, a written report that contains-- (i) its views regarding the progress that has been made in negotiations to achieve the purposes, policies, priorities, and objectives of this title; and (ii) a statement of its views, and the reasons therefor, regarding whether the extension requested under paragraph (2) should be approved or disapproved. (B) Report by ITC The President shall promptly inform the International Trade Commission of the President's decision to submit a report to the Congress under paragraph (2). The International Trade Commission shall submit to the Congress as soon as practicable, but not later than May 1, 2005, a written report that contains a review and analysis of the economic impact on the United States of all trade agreements implemented between the date of enactment of this Act and the date on which the President decides to seek an extension requested under paragraph (2). (4) Status of reports The reports submitted to the Congress under paragraphs (2) and (3), or any portion of such reports, may be classified to the extent the President determines appropriate. [[Page 793]] (5) Extension disapproval resolutions (A) For purposes of paragraph (1), the term ``extension disapproval resolution'' means a resolution of either House of the Congress, the sole matter after the resolving clause of which is as follows: ``That the __ disapproves the request of the President for the extension, under section 3803(c)(1)(B)(i) of the Bipartisan Trade Promotion Authority Act of 2002, of the trade authorities procedures under that Act to any implementing bill submitted with respect to any trade agreement entered into under section 3803(b) of that Act after June 30, 2005.'', with the blank space being filled with the name of the resolving House of the Congress. (B) Extension disapproval resolutions-- (i) may be introduced in either House of the Congress by any member of such House; and (ii) shall be referred, in the House of Representatives, to the Committee on Ways and Means and, in addition, to the Committee on Rules. (C) The provisions of section 152(d) and (e) of the Trade Act of 1974 (19 U.S.C. 2192(d) and (e)) (relating to the floor consideration of certain resolutions in the House and Senate) apply to extension disapproval resolutions. (D) It is not in order for-- (i) the Senate to consider any extension disapproval resolution not reported by the Committee on Finance; (ii) the House of Representatives to consider any extension disapproval resolution not reported by the Committee on Ways and Means and, in addition, by the Committee on Rules; or (iii) either House of the Congress to consider an extension disapproval resolution after June 30, 2005. (d) Commencement of Negotiations In order to contribute to the continued economic expansion of the United States, the President shall commence negotiations covering tariff and nontariff barriers affecting any industry, product, or service sector, and expand existing sectoral agreements to countries that are not parties to those agreements, in cases where the President determines that such negotiations are feasible and timely and would benefit the United States. Such sectors include agriculture, commercial services, intellectual property rights, industrial and capital goods, government procurement, information technology products, environmental technology and services, medical equipment and services, civil aircraft, and infrastructure products. In so doing, the President shall take into account all of the principal negotiating objectives set forth in section 3802(b). 1011 Sec. 3804. Consultations and Assessment. (a) Notice and Consultation Before Negotiation The President, with respect to any agreement that is subject to the provisions of section 3803(b), shall-- (1) provide, at least 90 calendar days before initiating negotiations, written notice to the Congress of the President's intention to enter into the negotiations and set forth therein the date the President intends to initiate such negotiations, the specific United States objec [[Page 794]] tives for the negotiations, and whether the President intends to seek an agreement, or changes to an existing agreement; (2) before and after submission of the notice, consult regarding the negotiations with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, such other committees of the House and Senate as the President deems appropriate, and the Congressional Oversight group convened under section 3807; and (3) upon the request of a majority of the members of the Congressional Oversight Group under section 3807(c), meet with the Congressional Oversight Group before initiating the negotiations or at any other time concerning the negotiations. (b) Negotiations Regarding Agriculture (1) In general Before initiating or continuing negotiations the subject matter of which is directly related to the subject matter under section 3802(b)(10)(A)(i) with any country, the President shall assess whether United States tariffs on agricultural products that were bound under the Uruguay Round Agreements are lower than the tariffs bound by that country. In addition, the President shall consider whether the tariff levels bound and applied throughout the world with respect to imports from the United States are higher than United States tariffs and whether the negotiation provides an opportunity to address any such disparity. The President shall consult with the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate concerning the results of the assessment, whether it is appropriate for the United States to agree to further tariff reductions based on the conclusions reached in the assessment, and how all applicable negotiating objectives will be met. (2) Special consultations on import sensitive products (A) Before initiating negotiations with regard to agriculture, and, with respect to the Free Trade Area for the Americas and negotiations with regard to agriculture under the auspices of the World Trade Organization, as soon as practicable after the enactment of this Act, the United States Trade Representative shall-- (i) identify those agricultural products subject to tariff-rate quotas on the date of enactment of this Act, and agricultural products subject to tariff reductions by the United States as a result of the Uruguay Round Agreements, for which the rate of duty was reduced on January 1, 1995, to a rate which was not less than 97.5 percent of the rate of duty that applied to such article on December 31, 1994; (ii) consult with the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate concerning-- (I) whether any further tariff reductions on the products identified under clause (i) should be appropriate, taking into account [[Page 795]] the impact of any such tariff reduction on the United States industry producing the product concerned; (II) whether the products so identified face unjustified sanitary or phytosanitary restrictions, including those not based on scientific principles in contravention of the Uruguay Round Agreements; and (III) whether the countries participating in the negotiations maintain export subsidies or other programs, policies, or practices that distort world trade in such products and the impact of such programs, policies, and practices on United States producers of the products; (iii) request that the International Trade Commission prepare an assessment of the probable economic effects of any such tariff reduction on the United States industry producing the product concerned and on the United States economy as a whole; and (iv) upon complying with clauses (i), (ii), and (iii), notify the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate of those products identified under clause (i) for which the Trade Representative intends to seek tariff liberalization in the negotiations and the reasons for seeking such tariff liberalization. (B) If, after negotiations described in subparagraph (A) are commenced-- (i) the United States Trade Representative identifies any additional agricultural product described in subparagraph (A)(i) for tariff reductions which were not the subject of a notification under subparagraph (A)(iv), or (ii) any additional agricultural product described in subparagraph (A)(i) is the subject of a request for tariff reductions by a party to the negotiations, the Trade Representative shall, as soon as practicable, notify the committees referred to in subparagraph (A)(iv) of those products and the reasons for seeking such tariff reductions. (3) Negotiations regarding the fishing industry Before initiating, or continuing, negotiations which directly relate to fish or shellfish trade with any country, the President shall consult with the Committee on Ways and Means and the Committee on Resources of the House of Representatives, and the Committee on Finance and the Committee on Commerce, Science, and Transportation of the Senate, and shall keep the Committees apprised of negotiations on an ongoing and timely basis. (c) Negotiations Regarding Textiles Before initiating or continuing negotiations the subject matter of which is directly related to textiles and apparel products with any country, the President shall assess whether United States tariffs on textile and apparel products that were bound under the Uruguay Round Agreements are lower than the tariffs bound by that country and whether the negotiation provides an opportunity to address any such disparity. The President shall consult with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate concerning the results of the assessment, whether it is appropriate for [[Page 796]] the United States to agree to further tariff reductions based on the conclusions reached in the assessment, and how all applicable negotiating objectives will be met. (d) Consultation With Congress Before Agreements Entered Into (1) Consultation Before entering into any trade agreement under section 3803(b), the President shall consult with-- (A) the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate; (B) each other committee of the House and the Senate, and each joint committee of the Congress, which has jurisdiction over legislation involving subject matters which would be affected by the trade agreement; and (C) the Congressional Oversight Group convened under section 3807. (2) Scope The consultation described in paragraph (1) shall include consultation with respect to-- (A) the nature of the agreement; (B) how and to what extent the agreement will achieve the applicable purposes, policies, priorities, and objectives of this title; and (C) the implementation of the agreement under section 3805, including the general effect of the agreement on existing laws. (3) Report regarding United States trade remedy laws (A) Changes in certain trade laws.--The President, at least 180 calendar days before the day on which the President enters into a trade agreement under section 3803(b), shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate-- (i) the range of proposals advanced in the negotiations with respect to that agreement, that may be in the final agreement, and that could require amendments to title VII of the Tariff Act of 1930 or to chapter 1 of title II of the Trade Act of 1974; and (ii) how these proposals relate to the objectives described in section 3802(b)(14). (B) Certain agreements.--With respect to a trade agreement entered into with Chile or Singapore, the report referred to in subparagraph (A) shall be submitted by the President at least 90 calendar days before the day on which the President enters into that agreement. (C) Resolutions.--(i) At any time after the transmission of the report under subparagraph (A), if a resolution is introduced with respect to that report in either House of Congress, the procedures set forth in clauses (iii) through (vi) shall apply to that resolution if-- (I) no other resolution with respect to that report has previously been reported in that House of Congress by the Committee on Ways and Means or the Committee on Finance, as the case may be, pursuant to those procedures; and [[Page 797]] (II) no procedural disapproval resolution under section 3805(b) introduced with respect to a trade agreement entered into pursuant to the negotiations to which the report under subparagraph (A) relates has previously been reported in that House of Congress by the Committee on Ways and Means or the Committee on Finance, as the case may be. (ii) For purposes of this subparagraph, the term ``resolution'' means only a resolution of either House of Congress, the matter after the resolving clause of which is as follows: ``That the __ finds that the proposed changes to United States trade remedy laws contained in the report of the President transmitted to the Congress on __ under section 3804(d)(3) of the Bipartisan Trade Promotion Authority Act of 2002 with respect to __, are inconsistent with the negotiating objectives described in section 3802(b)(14) of that Act.'', with the first blank space being filled with the name of the resolving House of Congress, the second blank space being filled with the appropriate date of the report, and the third blank space being filled with the name of the country or countries involved. (iii) Resolutions in the House of Representatives-- (I) may be introduced by any Member of the House; (II) shall be referred to the Committee on Ways and Means and, in addition, to the Committee on Rules; and (III) may not be amended by either Committee. (iv) Resolutions in the Senate-- (I) may be introduced by any Member of the Senate; (II) shall be referred to the Committee on Finance; and (III) may not be amended. (iv) It is not in order for the House of Representatives to consider any resolution that is not reported by the Committee on Ways and Means and, in addition, by the Committee on Rules. (v) It is not in order for the Senate to consider any resolution that is not reported by the Committee on Finance. (vi) The provisions of section 152(d) and (e) of the Trade Act of 1974 (19 U.S.C. 2192(d) and (e)) (relating to floor consideration of certain resolutions in the House and Senate) shall apply to resolutions. (e) Advisory Committee Reports The report required under section 135(e)(1) of the Trade Act of 1974 regarding any trade agreement entered into under section 3803(a) or (b) of this Act shall be provided to the President, the Congress, and the United States Trade Representative not later than 30 days after the date on which the President notifies the Congress under section 3803(a)(1) or 3805(a)(1)(A) of the President's intention to enter into the agreement. (f) ITC Assessment (1) In general The President, at least 90 calendar days before the day on which the President enters into a trade agreement under section 3803(b), shall provide the International Trade Commission (referred to in this sub [[Page 798]] section as ``the Commission'') with the details of the agreement as it exists at that time and request the Commission to prepare and submit an assessment of the agreement as described in paragraph (2). Between the time the President makes the request under this paragraph and the time the Commission submits the assessment, the President shall keep the Commission current with respect to the details of the agreement. (2) ITC assessment Not later than 90 calendar days after the President enters into the agreement, the Commission shall submit to the President and the Congress a report assessing the likely impact of the agreement on the United States economy as a whole and on specific industry sectors, including the impact the agreement will have on the gross domestic product, exports and imports, aggregate employment and employment opportunities, the production, employment, and competitive position of industries likely to be significantly affected by the agreement, and the interests of United States consumers. (3) Review of empirical literature In preparing the assessment, the Commission shall review available economic assessments regarding the agreement, including literature regarding any substantially equivalent proposed agreement, and shall provide in its assessment a description of the analyses used and conclusions drawn in such literature, and a discussion of areas of consensus and divergence between the various analyses and conclusions, including those of the Commission regarding the agreement. 1012 Sec. 3805. Implementation of Trade Agreements. (a) In general (1) Notification and submission Any agreement entered into under section 3803(b) shall enter into force with respect to the United States if (and only if)-- (A) the President, at least 90 calendar days before the day on which the President enters into the trade agreement, notifies the House of Representatives and the Senate of the President's intention to enter into the agreement, and promptly thereafter publishes notice of such intention in the Federal Register; (B) within 60 days after entering into the agreement, the President submits to the Congress a description of those changes to existing laws that the President considers would be required in order to bring the United States into compliance with the agreement; (C) after entering into the agreement, the President submits to the Congress, on a day on which both Houses of Congress are in session, a copy of the final legal text of the agreement, together with-- (i) a draft of an implementing bill described in section 3803(b)(3); (ii) a statement of any administrative action proposed to implement the trade agreement; and (iii) the supporting information described in paragraph (2); and (D) the implementing bill is enacted into law. [[Page 799]] (2) Supporting information The supporting information required under paragraph (1)(C)(iii) consists of-- (A) an explanation as to how the implementing bill and proposed administrative action will change or affect existing law; and (B) a statement-- (i) asserting that the agreement makes progress in achieving the applicable purposes, policies, priorities, and objectives of this title; and (ii) setting forth the reasons of the President regarding-- (I) how and to what extent the agreement makes progress in achieving the applicable purposes, policies, and objectives referred to in clause (i); (II) whether and how the agreement changes provisions of an agreement previously negotiated; (III) how the agreement serves the interests of United States commerce; (IV) how the implementing bill meets the standards set forth in section 3803(b)(3); and (V) how and to what extent the agreement makes progress in achieving the applicable purposes, policies, and objectives referred to in section 3802(c) regarding the promotion of certain priorities. (3) Reciprocal benefits In order to ensure that a foreign country that is not a party to a trade agreement entered into under section 3803(b) does not receive benefits under the agreement unless the country is also subject to the obligations under the agreement, the implementing bill submitted with respect to the agreement shall provide that the benefits and obligations under the agreement apply only to the parties to the agreement, if such application is consistent with the terms of the agreement. The implementing bill may also provide that the benefits and obligations under the agreement do not apply uniformly to all parties to the agreement, if such application is consistent with the terms of the agreement. (4) Disclosure of commitments Any agreement or other understanding with a foreign government or governments (whether oral or in writing) that-- (A) relates to a trade agreement with respect to which the Congress enacts an implementing bill under trade authorities procedures, and (B) is not disclosed to the Congress before an implementing bill with respect to that agreement is introduced in either House of Congress, shall not be considered to be part of the agreement approved by the Congress and shall have no force and effect under United States law or in any dispute settlement body. (b) Limitations on Trade Authorities Procedures (1) For lack of notice or consultations (A) In general.--The trade authorities procedures shall not apply to any implementing bill submitted with respect to a trade agree [[Page 800]] ment or trade agreements entered into under section 3803(b) if during the 60-day period beginning on the date that one House of Congress agrees to a procedural disapproval resolution for lack of notice or consultations with respect to such trade agreement or agreements, the other House separately agrees to a procedural disapproval resolution with respect to such trade agreement or agreements. (B) Procedural disapproval resolution.--(i) For purposes of this paragraph, the term ``procedural disapproval resolution'' means a resolution of either House of Congress, the sole matter after the resolving clause of which is as follows: ``That the President has failed or refused to notify or consult in accordance with the Bipartisan Trade Promotion Authority Act of 2002 on negotiations with respect to ______ and, therefore, the trade authorities procedures under that Act shall not apply to any implementing bill submitted with respect to such trade agreement or agreements.'', with the blank space being filled with a description of the trade agreement or agreements with respect to which the President is considered to have failed or refused to notify or consult. (ii) For purposes of clause (i), the President has ``failed or refused to notify or consult in accordance with the Bipartisan Trade Promotion Authority Act of 2002'' on negotiations with respect to a trade agreement or trade agreements if-- (I) the President has failed or refused to consult (as the case may be) in accordance with section 3804 or 3805 with respect to the negotiations, agreement, or agreements; (II) guidelines under section 3807(b) have not been developed or met with respect to the negotiations, agreement, or agreements; (III) the President has not met with the Congressional Oversight Group pursuant to a request made under section 3807(c) with respect to the negotiations, agreement, or agreements; or (IV) the agreement or agreements fail to make progress in achieving the purposes, policies, priorities, and objectives of this title. (2) Procedures for considering resolutions (A) Procedural disapproval resolutions-- (i) in the House of Representatives-- (I) may be introduced by any Member of the House; (II) shall be referred to the Committee on Ways and Means and, in addition, to the Committee on Rules; and (III) may not be amended by either Committee; and (I) may be introduced by any Member of the Senate; (II) shall be referred to the Committee on Finance; and (III) may not be amended. (B) The provisions of section 152(d) and (e) of the Trade Act of 1974 (19 U.S.C. 2192(d) and (e)) (relating to the floor consideration of certain resolutions in the House and Senate) apply to a procedural disapproval resolution introduced with respect to a trade agreement if no other procedural disapproval resolution with respect to that trade agreement has previously been reported in that House of Congress by the Committee on Ways and Means or the Committee [[Page 801]] on Finance, as the case may be, and if no resolution described in section 3804(d)(3)(C)(ii) with respect to that trade agreement has been reported in that House of Congress by the Committee on Ways and Means or the Committee on Finance, as the case may be, pursuant to the procedures set forth in clauses (iii) through (vi) of such section 3804(d)(3)(C). (C) It is not in order for the House of Representatives to consider any procedural disapproval resolution not reported by the Committee on Ways and Means and, in addition, by the Committee on Rules. (D) It is not in order for the Senate to consider any procedural disapproval resolution not reported by the Committee on Finance. (3) For failure to meet other requirements Not later than December 31, 2002, the Secretary of Commerce, in consultation with the Secretary of State, the Secretary of the Treasury, the Attorney General, and the United States Trade Representative, shall transmit to the Congress a report setting forth the strategy of the executive branch to address concerns of the Congress regarding whether dispute settlement panels and the Appellate Body of the WTO have added to obligations, or diminished rights, of the United States, as described in section 3801(b)(3). Trade authorities procedures shall not apply to any implementing bill with respect to an agreement negotiated under the auspices of the WTO unless the Secretary of Commerce has issued such report in a timely manner. (c) Rules of House of Representatives and Senate Subsection (b) of this section, section 3803(c), aand section 3804(d)(3)(C) are enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such are deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. 1013 Sec. 3806. Treatment of Certain Trade Agreements for Which Negotiations Have Already Begun. (a) Certain Agreements Notwithstanding the prenegotiation notification and consultation requirement described in section 3804(a), if an agreement to which section 3803(b) applies-- (1) is entered into under the auspices of the World Trade Organization, (2) is entered into with Chile, (3) is entered into with Singapore, or (4) establishes a Free Trade Area for the Americas, and results from negotiations that were commenced before the date of the enactment of this Act, subsection (b) shall apply. (b) Treatment of Agreements In the case of any agreement to which subsection (a) applies-- [[Page 802]] (1) the applicability of the trade authorities procedures to implementing bills shall be determined without regard to the requirements of section 3804(a) (relating only to 90 days notice prior to initiating negotiations), and any procedural disapproval resolution under section 3805(b)(1)(B) shall not be in order on the basis of a failure or refusal to comply with the provisions of section 3804(a); and (2) the President shall, as soon as feasible after the enactment of this Act-- (A) notify the Congress of the negotiations described in subsection (a), the specific United States objectives in the negotiations, and whether the President is seeking a new agreement or changes to an existing agreement; and (B) before and after submission of the notice, consult regarding the negotiations with the committees referred to in section 3804(a)(2) and the Congressional Oversight Group convened under section 3807. 1014 Sec. 3807. Congressional Oversight Group. (a) Members and Functions (1) In general By not later than 60 days after the date of the enactment of this Act, and not later than 30 days after the convening of each Congress, the chairman of the Committee on Ways and Means of the House of Representatives and the chairman of the Committee on Finance of the Senate shall convene the Congressional Oversight Group. (2) Membership from the House In each Congress, the Congressional Oversight Group shall be comprised of the following Members of the House of Representatives: (A) The chairman and ranking member of the Committee on Ways and Means, and 3 additional members of such Committee (not more than 2 of whom are members of the same political party). (B) The chairman and ranking member, or their designees, of the committees of the House of Representatives which would have, under the Rules of the House of Representatives, jurisdiction over provisions of law affected by a trade agreement negotiations for which are conducted at any time during that Congress and to which this title would apply. (3) Membership from the Senate In each Congress, the Congressional Oversight Group shall also be comprised of the following members of the Senate: (A) The chairman and ranking member of the Committee on Finance and 3 additional members of such Committee (not more than 2 of whom are members of the same political party). (B) The chairman and ranking member, or their designees, of the committees of the Senate which would have, under the Rules of the Senate, jurisdiction over provisions of law affected by a trade agreement negotiations for which are conducted at any time during that Congress and to which this title would apply. [[Page 803]] (4) Accreditation Each member of the Congressional Oversight Group described in paragraph (2)(A) and (3)(A) shall be accredited by the United States Trade Representative on behalf of the President as an official adviser to the United States delegation in negotiations for any trade agreement to which this title applies. Each member of the Congressional Oversight Group described in paragraph (2)(B) and (3)(B) shall be accredited by the United States Trade Representative on behalf of the President as an official adviser to the United States delegation in the negotiations by reason of which the member is in the Congressional Oversight Group. The Congressional Oversight Group shall consult with and provide advice to the Trade Representative regarding the formulation of specific objectives, negotiating strategies and positions, the development of the applicable trade agreement, and compliance and enforcement of the negotiated commitments under the trade agreement. (5) Chair The Congressional Oversight Group shall be chaired by the Chairman of the Committee on Ways and Means of the House of Representatives and the Chairman of the Committee on Finance of the Senate. (b) Guidelines (1) Purpose and revision The United States Trade Representative, in consultation with the chairmen and ranking minority members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate-- (A) shall, within 120 days after the date of the enactment of this Act, develop written guidelines to facilitate the useful and timely exchange of information between the Trade Representative and the Congressional Oversight Group convened under this section; and (B) may make such revisions to the guidelines as may be necessary from time to time. (2) Content The guidelines developed under paragraph (1) shall provide for, among other things-- (A) regular, detailed briefings of the Congressional Oversight Group regarding negotiating objectives, including the promotion of certain priorities referred to in section 3802(c), and positions and the status of the applicable negotiations, beginning as soon as practicable after the Congressional Oversight Group is convened, with more frequent briefings as trade negotiations enter the final stage; (B) access by members of the Congressional Oversight Group, and staff with proper security clearances, to pertinent documents relating to the negotiations, including classified materials; (C) the closest practicable coordination between the Trade Representative and the Congressional Oversight Group at all critical periods during the negotiations, including at negotiation sites; (D) after the applicable trade agreement is concluded, consultation regarding ongoing compliance and enforcement of negotiated commitments under the trade agreement; and [[Page 804]] (E) the time frame for submitting the report required under section 3802(c)(8). (c) Request for Meeting Upon the request of a majority of the Congressional Oversight Group, the President shall meet with the Congressional Oversight Group before initiating negotiations with respect to a trade agreement, or at any other time concerning the negotiations. 1015 Sec. 3808. Additional Implementation and Enforcement Requirements. (a) In general At the time the President submits to the Congress the final text of an agreement pursuant to section 3805(a)(1)(C), the President shall also submit a plan for implementing and enforcing the agreement. The implementation and enforcement plan shall include the following: (1) Border personnel requirements A description of additional personnel required at border entry points, including a list of additional customs and agricultural inspectors. (2) Agency staffing requirements A description of additional personnel required by Federal agencies responsible for monitoring and implementing the trade agreement, including personnel required by the Office of the United States Trade Representative, the Department of Commerce, the Department of Agriculture (including additional personnel required to implement sanitary and phytosanitary measures in order to obtain market access for United States exports), the Department of the Treasury, and such other agencies as may be necessary. (3) Customs infrastructure requirements A description of the additional equipment and facilities needed by the United States Customs Service. (4) Impact on State and local governments A description of the impact the trade agreement will have on State and local governments as a result of increases in trade. (5) Cost analysis An analysis of the costs associated with each of the items listed in paragraphs (1) through (4). (b) Budget Submission The President shall include a request for the resources necessary to support the plan described in subsection (a) in the first budget that the President submits to the Congress after the submission of the plan. * * * * * * * 1016 Sec. 3811. Report on Impact of Trade Promotion Authority. (a) In general Not later than 1 year after the date of enactment of this Act, the International Trade Commission shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the [[Page 805]] House of Representatives regarding the economic impact on the United States of the trade agreements described in subsection (b). (b) Agreements The trade agreements described in this subsection are the following: (1) The United States-Israel Free Trade Agreement. (2) The United States-Canada Free Trade Agreement. (3) The North American Free Trade Agreement. (4) The Uruguay Round Agreements. (5) The Tokyo Round of Multilateral Trade Negotiations. * * * * * * *