[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
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(C) if changes in existing laws or new
statutory authority is required to implement
such trade agreement or agreements or such
extension, provisions, necessary or
appropriate to implement such trade
agreement or agreements or such extension,
either repealing or amending existing laws
or providing new statutory authority.
(2) The term ``implementing revenue bill or
resolution'' means an implementing bill, or
approval resolution, which contains one or more
revenue measures by reason of which it must
originate in the House of Representatives.
(3) The term ``approval resolution'' means
only a joint resolution of the two Houses of the
Congress, the matter after the resolving clause
of which is as follows: ``That the Congress
approves the extension of nondiscriminatory
treatment with respect to the products of ------
---- transmitted by the President to the
Congress on ------.'', the first blank space
being filled with the name of the country
involved and the second blank space being filled
with the appropriate date.
(c) Introduction and referral
(1) On the day on which a trade agreement is submitted
to the House of Representatives and the Senate under section
2112, section 3572 of this title, or section 3805 (a)(1) of
this title, the implementing bill submitted by the President
with respect to such trade agreement or extension shall be
introduced (by request) in the House by the majority leader
of the House, for himself and the minority leader of the
House, or by Members of the House designated by the majority
leader and minority leader of the House; and shall be
introduced (by request) in the Senate by the majority leader
of the Senate, for himself and the minority leader of the
Senate, or by Members of the Senate designated by the
majority leader and minority leader of the Senate. If either
House is not in session on the day on which such a trade
agreement or extension is submitted, the implementing bill
shall be introduced in that House, as provided in the
preceding sentence, on the first day thereafter on which
that House is in session. Such bills shall be referred by
the Presiding Officers of the respective Houses to the
appropriate committee, or, in the case of a bill containing
provisions within the jurisdiction of two or more
committees, jointly to such committees for consideration of
those provisions within their respective jurisdictions.
(2) On the day on which a bilateral commercial
agreement, entered into under subchapter IV of this chapter
after January 3, 1975, is transmitted to the House of
Representatives and the Senate, an approval resolution with
respect to such agreement shall be introduced (by request)
in the House by the majority leader of the House, for
himself and the minority leader of the House, or by Members
of the House designated by the majority leader and minority
leader of the House; and shall be introduced (by request) in
the Senate by the majority leader of the Senate, for himself
and the minority leader of the Senate, or by Members of the
Senate designated by the majority leader and minority leader
of the Senate. If either House is not in session on the day
on which such an agreement is transmitted, the approval
resolution with respect to such agreement shall be
introduced in that House, as provided in the preceding
sentence, on the first day thereafter on
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which that House is in session. The approval resolution
introduced in the House shall be referred to the Committee
on Ways and Means and the approval resolution introduced in
the Senate shall be referred to the Committee on Finance.
(d) Amendments prohibited
No amendment to an implementing bill or approval
resolution shall be in order in either the House of
Representatives or the Senate; and no motion to suspend the
application of this subsection shall be in order in either
House, nor shall it be in order in either House for the
Presiding Officer to entertain a request to suspend the
application of this subsection by unanimous consent.
(e) Period for committee and floor consideration
(1) Except as provided in paragraph (2), if the
committee or committees of either House to which an
implementing bill or approval resolution has been referred
have not reported it at the close of the 45th day after its
introduction, such committee or committees shall be
automatically discharged from further consideration of the
bill or resolution and it shall be placed on the appropriate
calendar. A vote on final passage of the bill or resolution
shall be taken in each House on or before the close of the
15th day after the bill or resolution is reported by the
committee or committees of that House to which it was
referred, or after such committee or committees have been
discharged from further consideration of the bill or
resolution. If prior to the passage by one House of an
implementing bill or approval resolution of that House, that
House receives the same implementing bill or approval
resolution from the other House, then--
(A) the procedure in that House shall be the
same as if no implementing bill or approval
resolution had been received from the other
House; but
(B) the vote on final passage shall be on
the implementing bill or approval resolution of
the other House.
(2) The provisions of paragraph (1) shall not apply in
the Senate to an implementing revenue bill or resolution. An
implementing revenue bill or resolution received from the
House shall be referred to the appropriate committee or
committees of the Senate. If such committee or committees
have not reported such bill at the close of the 15th day
after its receipt by the Senate (or, if later, before the
close of the 45th day after the corresponding implementing
revenue bill or resolution was introduced in the Senate),
such committee or committees shall be automatically
discharged from further consideration of such bill or
resolution and it shall be placed on the calendar. A vote on
final passage of such bill or resolution shall be taken in
the Senate on or before the close of the 15th day after such
bill or resolution is reported by the committee or
committees of the Senate to which it was referred, or after
such committee or committees have been discharged from
further consideration of such bill or resolution.
(3) For purposes of paragraphs (1) and (2), in computing
a number of days in either House, there shall be excluded
any day on which that House is not in session.
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(f) Floor consideration in the House
(1) A motion in the House of Representatives to proceed
to the consideration of an implementing bill or approval
resolution shall be highly privileged and not debatable. An
amendment to the motion shall not be in order, nor shall it
be in order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
(2) Debate in the House of Representatives on an
implementing bill or approval resolution shall be limited to
not more than 20 hours, which shall be divided equally
between those favoring and those opposing the bill or
resolution. A motion further to limit debate shall not be
debatable. It shall not be in order to move to recommit an
implementing bill or approval resolution or to move to
reconsider the vote by which an implementing bill or
approval resolution is agreed to or disagreed to.
(3) Motions to postpone, made in the House of
Representatives with respect to the consideration of an
implementing bill or approval resolution, and motions to
proceed to the consideration of other business, shall be
decided without debate.
(4) All appeals from the decisions of the chair relating
to the application of the Rules of the House of
Representatives to the procedure relating to an implementing
bill or approval resolution shall be decided without debate.
(5) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of an
implementing bill or approval resolution shall be governed
by the Rules of the House of Representatives applicable to
other bills and resolutions in similar circumstances.
(g) Floor consideration in the Senate
(1) A motion in the Senate to proceed to the
consideration of an implementing bill or approval resolution
shall be privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order to
move to reconsider the vote by which the motion is agreed to
or disagreed to.
(2) Debate in the Senate on an implementing bill or
approval resolution, and all debatable motions and appeals
in connection therewith, shall be limited to not more than
20 hours. The time shall be equally divided between, and
controlled by, the majority leader and the minority leader
or their designees.
(3) Debate in the Senate on any debatable motion or
appeal in connection with an implementing bill or approval
resolution shall be limited to not more than 1 hour, to be
equally divided between, and controlled by, the mover and
the manager of the bill or resolution, except that in the
event the manager of the bill or resolution is in favor of
any such motion or appeal, the time in opposition thereto,
shall be controlled by the minority leader or his designee.
Such leaders, or either of them, may, from time under their
control on the passage of an implementing bill or approval
resolution, allot additional time to any Senator during the
consideration of any debatable motion or appeal.
(4) A motion in the Senate to further limit debate is
not debatable. A motion to recommit an implementing bill or
approval resolution is not in order. (Jan. 3, 1975, Pub. L.
93-618, Sec. 151, 88 Stat. 2001; Aug. 23, 1988, Pub. L. 100-
418, Sec. 1007(b)(1), 102 Stat. 1135; Aug. 20, 1990,
[[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
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to reconsider the vote by which the motion is agreed to or
disagreed to.
(d) Floor consideration in the House
(1) A motion in the House of Representatives to proceed
to the consideration of a resolution shall be highly
privileged and not debatable. An amendment to the motion
shall not be in order, nor shall it be in order to move to
reconsider the vote by which the motion is agreed to or
disagreed to.
(2) Debate in the House of Representatives on a
resolution shall be limited to not more than 20 hours, which
shall be divided equally between those favoring and those
opposing the resolution. A motion further to limit debate
shall not be debatable. No amendment to, or motion to
recommit, the resolution shall be in order. It shall not be
in order to move to reconsider the vote by which a
resolution is agreed to or disagreed to.
(3) Motions to postpone, made in the House of
Representatives with respect to the consideration of a
resolution, and motions to proceed to the consideration of
other business shall be decided without debate.
(4) All appeals from the decisions of the Chair relating
to the application of the Rules of the House of
Representatives to the procedure relating to a resolution
shall be decided without debate.
(5) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of a
resolution in the House of Representatives shall be governed
by the Rules of the House of Representatives applicable to
other resolutions in similar circumstances.
(e) Floor consideration in the Senate
(1) A motion in the Senate to proceed to the
consideration of a resolution shall be privileged. An
amendment to the motion shall not be in order, nor shall it
be in order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
(2) Debate in the Senate on a resolution, and all
debatable motions and appeals in connection therewith, shall
be limited to not more than 20 hours, to be equally divided
between, and controlled by, the majority leader and the
minority leader or their designees.
(3) Debate in the Senate on any debatable motion or
appeal in connection with a resolution shall be limited to
not more than 1 hour, to be equally divided, between, and
controlled by, the mover and the manager of the resolution,
except that it the event the manager of the resolution is in
favor of any such motion or appeal, the time in opposition
thereto, shall be controlled by the minority leader or his
designee. Such leaders, or either of them, may, from time
under their control on the passage of a resolution, allot
additional time to any Senator during the consideration of
any debatable motion or appeal.
(4) A motion in the Senate to further limit debate on a
resolution, debatable motion, or appeal is not debatable. No
amendment to, or motion to recommit, a resolution is in
order in the Senate.
(f) Procedures in the Senate
(1) Except as otherwise provided in the section, the
following procedures shall apply in the Senate to a
resolution to which this section applies:
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(A)(i) Except as provided in clause (ii), a
resolution that has passed the House of
Representatives shall, when received in the
Senate, be referred to the Committee on Finance
for consideration in accordance with this
section.
(ii) If a resolution to which this section
applies was introduced in the Senate before
receipt of a resolution that has passed the
House of Representatives, the resolution from
the House of Representatives shall, when
received in the Senate be placed on the
calendar. If this clause applies, the procedures
in the Senate with respect to a resolution
introduced in the Senate that contains the
identical matter as the resolution that passed
the House of Representatives shall be the same
as if no resolution had been received from the
House of Representatives, except that the vote
on passage in the Senate shall be on the
resolution that passed the House of
Representatives.
(B) If the Senate passes a resolution before
receiving from the House of Representatives a
joint resolution that contains the identical
matter, the joint resolution shall be held at
the desk pending receipt of the joint resolution
from the House of Representatives. Upon receipt
of the joint resolution from the House of
Representatives, such joint resolution shall be
deemed to be read twice, considered, read the
third time, and passed.
(2) If the texts of joint resolutions described in
section 2192 or 2193(a) of this title, whichever is
applicable, concerning any matter are not identical--
(A) the Senate shall vote passage on the
resolution introduced in the Senate, and
(B) the text of the joint resolution passed
by the Senate shall, immediately upon its
passage (or, if later, upon receipt of the joint
resolution passed by the House), be substituted
for the text of the joint resolution passed by
the House of Representatives, and such
resolution, as amended, shall be returned with a
request for a conference between the two Houses.
(3) Consideration in the Senate of any veto message with
respect to a joint resolution described in subsection
(a)(2)(B) of this section or section 2193(a) of this title,
including consideration of all debatable motions and appeals
in connection therewith, shall be limited to 10 hours, to be
equally divided between, and controlled by, the majority
leader and the minority leader or their designees. (Jan. 3,
1975, Pub. L. 93-618, Sec. 152, 88 Stat. 2004; July 26,
1979, Pub. L. 96-39, Sec. 902(a)(1), 1106(c)(5), 93 Stat
299, 312; Oct. 30, 1984, Pub. L. 98-573, Sec. 248(b), 98
Stat. 2998; Aug. 20, 1990, Pub. L. 101-382, Sec. 132(c)(2)-
(5), 104 Stat. 646, 647; Dec. 8, 1994, Pub. L. 103-465,
Sec. 261(d)(1)(A)(ii), 108 Stat. 4909; Pub. L. 104-295,
Sec. 20(b)(10), Oct. 11, 1996, 110 Stat. 3527.)
1002 Sec. 2193. Resolutions relating to extension of waiver
authority under section 402 of the Trade Act of 1974.
(a) Contents of resolutions
For purposes of this section the term ``resolution''
means only a joint resolution of the two Houses of Congress,
the matter after the resolving clause of which is as
follows: ``That the Congress does not approve the extension
of the authority contained in section 402(c) of the Trade
Act of 1974 [19 U.S.C. 2432(c)] recommended by the President
to the
[[Page 778]]
Congress on ---------- with respect to ----------,'' with
the first blank space being filled with the appropriate
date, and the second blank space being filled with the names
of those countries, if any, with respect to which such
extension of authority is not approved and with the clause
beginning with ``with respect to'' being omitted if the
extension of the authority is not approved with respect to
any country.
(b) Application of rules of section 2192 of this title;
exceptions
(1) Except as provided in this section, the provisions
of section 2192 of this title shall apply to resolutions
described in subsection (a) of this section.
(2) In applying section 2192(c)(1) of this title, all
calendar days shall be counted.
(3) That part of section 2192(d)(2) of this title which
provides that no amendment is in order shall not apply to
any amendment to a resolution which is limited to striking
out or inserting the names of one or more countries or to
striking out or inserting a with-respect-to clause. Debate
in the House of Representatives on any amendment to a
resolution shall be limited to not more than 1 hour which
shall be equally divided between those favoring and those
opposing the amendment. A motion in the House to further
limit debate on an amendment to a resolution is not
debatable.
(4) That part of section 2192(e)(4) of this title which
provides that no amendment is in order shall not apply to
any amendment to a resolution which is limited to striking
out or inserting the names of one or more countries or to
striking out or inserting a with-respect-to clause. The time
limit on a debate on a resolution in the Senate under
section 2192(e)(2) of this title shall include all
amendments to a resolution. Debate in the Senate on any
amendment to a resolution shall be limited to not more than
1 hour, to be equally divided between, and controlled by,
the mover and the manager of the resolution, except that in
the event the manager of the resolution is in favor of any
such amendment, the time in opposition thereto shall be
controlled by the minority leader or his designee. The
majority leader and minority leader may, from time under
their control on the passage of a resolution, allot
additional time to any Senator during the consideration of
any amendment. A motion in the Senate to further limit
debate on an amendment to a resolution is not debatable.
(c) Consideration of second resolution not in order
It shall not be in order in either the House of
Representatives or the Senate to consider a resolution with
respect to a recommendation of the President under section
2432(d) of this title (other than a resolution described in
subsection (a) of this section received from the other
House), if that House has adopted a resolution with respect
to the same recommendation.
(d) Procedures relating to conference reports in the Senate
(1) Consideration in the Senate of the conference report
on any joint resolution described in subsection (a) of this
section, including consideration of all amendments in
disagreement (and all amendments thereto), and consideration
of all debatable motions and appeals in connection
therewith, shall be limited to 10 hours, to be equally
divided between, and controlled by, the majority leader and
the minority leader or their
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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.
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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
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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.
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