[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3005 Reported in Senate (RS)]
Calendar No. 319
107th CONGRESS
2d Session
H. R. 3005
[Report No. 107-139]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 6, 2001
Received; read twice and referred to the Committee on Finance
February 28, 2002
Reported by Mr. Baucus, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To extend trade authorities procedures with respect to reciprocal trade
agreements.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE AND FINDINGS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the
``Bipartisan Trade Promotion Authority Act of 2001''.</DELETED>
<DELETED> (b) Findings.--The Congress makes the following
findings:</DELETED>
<DELETED> (1) The expansion of international trade is vital
to the national security of the United States. Trade is
critical to the economic growth and strength of the United
States and to its leadership in the world. Stable trading
relationships promote security and prosperity. Trade agreements
today serve the same purposes that security pacts played during
the Cold War, binding nations together through a series of
mutual rights and obligations. Leadership by the United States
in international trade fosters open markets, democracy, and
peace throughout the world.</DELETED>
<DELETED> (2) The national security of the United States
depends on its economic security, which in turn is founded upon
a vibrant and growing industrial base. Trade expansion has been
the engine of economic growth. Trade agreements maximize
opportunities for the critical sectors and building blocks of
the economy of the United States, such as information
technology, telecommunications and other leading technologies,
basic industries, capital equipment, medical equipment,
services, agriculture, environmental technology, and
intellectual property. Trade will create new opportunities for
the United States and preserve the unparalleled strength of the
United States in economic, political, and military affairs. The
United States, secured by expanding trade and economic
opportunities, will meet the challenges of the twenty-first
century.</DELETED>
<DELETED>SEC. 2. TRADE NEGOTIATING OBJECTIVES.</DELETED>
<DELETED> (a) Overall Trade Negotiating Objectives.--The overall
trade negotiating objectives of the United States for agreements
subject to the provisions of section 3 are--</DELETED>
<DELETED> (1) to obtain more open, equitable, and reciprocal
market access;</DELETED>
<DELETED> (2) to obtain the reduction or elimination of
barriers and distortions that are directly related to trade and
that decrease market opportunities for United States exports or
otherwise distort United States trade;</DELETED>
<DELETED> (3) to further strengthen the system of
international trading disciplines and procedures, including
dispute settlement;</DELETED>
<DELETED> (4) to foster economic growth, raise living
standards, and promote full employment in the United States and
to enhance the global economy;</DELETED>
<DELETED> (5) to ensure that trade and environmental
policies are mutually supportive and to seek to protect and
preserve the environment and enhance the international means of
doing so, while optimizing the use of the world's
resources;</DELETED>
<DELETED> (6) to promote respect for worker rights and the
rights of children consistent with core labor standards of the
International Labor Organization (as defined in section 11(2))
and an understanding of the relationship between trade and
worker rights; and</DELETED>
<DELETED> (7) to seek provisions in trade agreements under
which parties to those agreements strive to ensure that they do
not weaken or reduce the protections afforded in domestic
environmental and labor laws as an encouragement for
trade.</DELETED>
<DELETED> (b) Principal Trade Negotiating Objectives.--</DELETED>
<DELETED> (1) Trade barriers and distortions.--The principal
negotiating objectives of the United States regarding trade
barriers and other trade distortions are--</DELETED>
<DELETED> (A) to expand competitive market
opportunities for United States exports and to obtain
fairer and more open conditions of trade by reducing or
eliminating tariff and nontariff barriers and policies
and practices of foreign governments directly related
to trade that decrease market opportunities for United
States exports or otherwise distort United States
trade; and</DELETED>
<DELETED> (B) to obtain reciprocal tariff and
nontariff barrier elimination agreements, with
particular attention to those tariff categories covered
in section 111(b) of the Uruguay Round Agreements Act
(19 U.S.C. 3521(b)).</DELETED>
<DELETED> (2) Trade in services.--The principal negotiating
objective of the United States regarding trade in services is
to reduce or eliminate barriers to international trade in
services, including regulatory and other barriers that deny
national treatment and market access or unreasonably restrict
the establishment or operations of service suppliers.</DELETED>
<DELETED> (3) Foreign investment.--The principal negotiating
objective of the United States regarding foreign investment is
to reduce or eliminate artificial or trade-distorting barriers
to trade-related foreign investment and, recognizing that
United States law on the whole provides a high level of
protection for investment, consistent with or greater than the
level required by international law, to secure for investors
important rights comparable to those that would be available
under United States legal principles and practice, by--
</DELETED>
<DELETED> (A) reducing or eliminating exceptions to
the principle of national treatment;</DELETED>
<DELETED> (B) freeing the transfer of funds relating
to investments;</DELETED>
<DELETED> (C) reducing or eliminating performance
requirements, forced technology transfers, and other
unreasonable barriers to the establishment and
operation of investments;</DELETED>
<DELETED> (D) seeking to establish standards for
expropriation and compensation for expropriation,
consistent with United States legal principles and
practice;</DELETED>
<DELETED> (E) providing meaningful procedures for
resolving investment disputes;</DELETED>
<DELETED> (F) seeking to improve mechanisms used to
resolve disputes between an investor and a government
through--</DELETED>
<DELETED> (i) mechanisms to eliminate
frivolous claims; and</DELETED>
<DELETED> (ii) procedures to ensure the
efficient selection of arbitrators and the
expeditious disposition of claims;</DELETED>
<DELETED> (G) providing an appellate or similar
review mechanism to correct manifestly erroneous
interpretations of law; and</DELETED>
<DELETED> (H) ensuring the fullest measure of
transparency in the dispute settlement mechanism, to
the extent consistent with the need to protect
information that is classified or business
confidential, by--</DELETED>
<DELETED> (i) ensuring that all requests for
dispute settlement are promptly made
public;</DELETED>
<DELETED> (ii) ensuring that--</DELETED>
<DELETED> (I) all proceedings,
submissions, findings, and decisions
are promptly made public;</DELETED>
<DELETED> (II) all hearings are open
to the public; and</DELETED>
<DELETED> (iii) establishing a mechanism for
acceptance of amicus curiae submissions from
businesses, unions, and nongovernmental
organizations.</DELETED>
<DELETED> (4) Intellectual property.--The principal
negotiating objectives of the United States regarding trade-
related intellectual property are--</DELETED>
<DELETED> (A) to further promote adequate and
effective protection of intellectual property rights,
including through--</DELETED>
<DELETED> (i)(I) ensuring accelerated and
full implementation of the Agreement on Trade-
Related Aspects of Intellectual Property Rights
referred to in section 101(d)(15) of the
Uruguay Round Agreements Act (19 U.S.C.
3511(d)(15)), particularly with respect to
meeting enforcement obligations under that
agreement; and</DELETED>
<DELETED> (II) ensuring that the provisions
of any multilateral or bilateral trade
agreement governing intellectual property
rights that is entered into by the United
States reflect a standard of protection similar
to that found in United States law;</DELETED>
<DELETED> (ii) providing strong protection
for new and emerging technologies and new
methods of transmitting and distributing
products embodying intellectual
property;</DELETED>
<DELETED> (iii) preventing or eliminating
discrimination with respect to matters
affecting the availability, acquisition, scope,
maintenance, use, and enforcement of
intellectual property rights;</DELETED>
<DELETED> (iv) ensuring that standards of
protection and enforcement keep pace with
technological developments, and in particular
ensuring that rightholders have the legal and
technological means to control the use of their
works through the Internet and other global
communication media, and to prevent the
unauthorized use of their works; and</DELETED>
<DELETED> (v) providing strong enforcement
of intellectual property rights, including
through accessible, expeditious, and effective
civil, administrative, and criminal enforcement
mechanisms; and</DELETED>
<DELETED> (B) to secure fair, equitable, and
nondiscriminatory market access opportunities for
United States persons that rely upon intellectual
property protection.</DELETED>
<DELETED> (5) Transparency.--The principal negotiating
objective of the United States with respect to transparency is
to obtain wider and broader application of the principle of
transparency through--</DELETED>
<DELETED> (A) increased and more timely public
access to information regarding trade issues and the
activities of international trade
institutions;</DELETED>
<DELETED> (B) increased openness at the WTO and
other international trade fora by increasing public
access to appropriate meetings, proceedings, and
submissions, including with regard to dispute
settlement and investment; and</DELETED>
<DELETED> (C) increased and more timely public
access to all notifications and supporting
documentation submitted by parties to the
WTO.</DELETED>
<DELETED> (6) Anti-corruption.--The principal negotiating
objectives of the United States with respect to the use of
money or other things of value to influence acts, decisions, or
omissions of foreign governments or officials or to secure any
improper advantage in a manner affecting trade are--</DELETED>
<DELETED> (A) to obtain high standards and
appropriate domestic enforcement mechanisms applicable
to persons from all countries participating in the
applicable trade agreement that prohibit such attempts
to influence acts, decisions, or omissions of foreign
governments; and</DELETED>
<DELETED> (B) to ensure that such standards do not
place United States persons at a competitive
disadvantage in international trade.</DELETED>
<DELETED> (7) Improvement of the wto and multilateral trade
agreements.--The principal negotiating objectives of the United
States regarding the improvement of the World Trade
Organization, the Uruguay Round Agreements, and other
multilateral and bilateral trade agreements are--</DELETED>
<DELETED> (A) to achieve full implementation and
extend the coverage of the World Trade Organization and
such agreements to products, sectors, and conditions of
trade not adequately covered; and</DELETED>
<DELETED> (B) to expand country participation in and
enhancement of the Information Technology Agreement and
other trade agreements.</DELETED>
<DELETED> (8) Regulatory practices.--The principal
negotiating objectives of the United States regarding the use
of government regulation or other practices by foreign
governments to provide a competitive advantage to their
domestic producers, service providers, or investors and thereby
reduce market access for United States goods, services, and
investments are--</DELETED>
<DELETED> (A) to achieve increased transparency and
opportunity for the participation of affected parties
in the development of regulations;</DELETED>
<DELETED> (B) to require that proposed regulations
be based on sound science, cost-benefit analysis, risk
assessment, or other objective evidence;</DELETED>
<DELETED> (C) to establish consultative mechanisms
among parties to trade agreements to promote increased
transparency in developing guidelines, rules,
regulations, and laws for government procurement and
other regulatory regimes; and</DELETED>
<DELETED> (D) to achieve the elimination of
government measures such as price controls and
reference pricing which deny full market access for
United States products.</DELETED>
<DELETED> (9) Electronic commerce.--The principal
negotiating objectives of the United States with respect to
electronic commerce are--</DELETED>
<DELETED> (A) to ensure that current obligations,
rules, disciplines, and commitments under the World
Trade Organization apply to electronic
commerce;</DELETED>
<DELETED> (B) to ensure that--</DELETED>
<DELETED> (i) electronically delivered goods
and services receive no less favorable
treatment under trade rules and commitments
than like products delivered in physical form;
and</DELETED>
<DELETED> (ii) the classification of such
goods and services ensures the most liberal
trade treatment possible;</DELETED>
<DELETED> (C) to ensure that governments refrain
from implementing trade-related measures that impede
electronic commerce;</DELETED>
<DELETED> (D) where legitimate policy objectives
require domestic regulations that affect electronic
commerce, to obtain commitments that any such
regulations are the least restrictive on trade,
nondiscriminatory, and transparent, and promote an open
market environment; and</DELETED>
<DELETED> (E) to extend the moratorium of the World
Trade Organization on duties on electronic
transmissions.</DELETED>
<DELETED> (10) Reciprocal trade in agriculture.--(A) The
principal negotiating objective of the United States with
respect to agriculture is to obtain competitive opportunities
for United States exports of agricultural commodities in
foreign markets substantially equivalent to the competitive
opportunities afforded foreign exports in United States markets
and to achieve fairer and more open conditions of trade in
bulk, specialty crop, and value-added commodities by--
</DELETED>
<DELETED> (i) reducing or eliminating, by a date
certain, tariffs or other charges that decrease market
opportunities for United States exports--</DELETED>
<DELETED> (I) giving priority to those
products that are subject to significantly
higher tariffs or subsidy regimes of major
producing countries; and</DELETED>
<DELETED> (II) providing reasonable
adjustment periods for United States import-
sensitive products, in close consultation with
the Congress on such products before initiating
tariff reduction negotiations;</DELETED>
<DELETED> (ii) reducing tariffs to levels that are
the same as or lower than those in the United
States;</DELETED>
<DELETED> (iii) reducing or eliminating subsidies
that decrease market opportunities for United States
exports or unfairly distort agriculture markets to the
detriment of the United States;</DELETED>
<DELETED> (iv) allowing the preservation of programs
that support family farms and rural communities but do
not distort trade;</DELETED>
<DELETED> (v) developing disciplines for domestic
support programs, so that production that is in excess
of domestic food security needs is sold at world
prices;</DELETED>
<DELETED> (vi) eliminating Government policies that
create price-depressing surpluses;</DELETED>
<DELETED> (vii) eliminating state trading
enterprises whenever possible;</DELETED>
<DELETED> (viii) developing, strengthening, and
clarifying rules and effective dispute settlement
mechanisms to eliminate practices that unfairly
decrease United States market access opportunities or
distort agricultural markets to the detriment of the
United States, particularly with respect to import-
sensitive products, including--</DELETED>
<DELETED> (I) unfair or trade-distorting
activities of state trading enterprises and
other administrative mechanisms, with emphasis
on requiring price transparency in the
operation of state trading enterprises and such
other mechanisms in order to end cross
subsidization, price discrimination, and price
undercutting;</DELETED>
<DELETED> (II) unjustified trade
restrictions or commercial requirements, such
as labeling, that affect new technologies,
including biotechnology;</DELETED>
<DELETED> (III) unjustified sanitary or
phytosanitary restrictions, including those not
based on scientific principles in contravention
of the Uruguay Round Agreements;</DELETED>
<DELETED> (IV) other unjustified technical
barriers to trade; and</DELETED>
<DELETED> (V) restrictive rules in the
administration of tariff rate quotas;</DELETED>
<DELETED> (ix) eliminating practices that adversely
affect trade in perishable or cyclical products, while
improving import relief mechanisms to recognize the
unique characteristics of perishable and cyclical
agriculture;</DELETED>
<DELETED> (x) ensuring that the use of import relief
mechanisms for perishable and cyclical agriculture are
as accessible and timely to growers in the United
States as those mechanisms that are used by other
countries;</DELETED>
<DELETED> (xi) taking into account whether a party
to the negotiations has failed to adhere to the
provisions of already existing trade agreements with
the United States or has circumvented obligations under
those agreements;</DELETED>
<DELETED> (xii) taking into account whether a
product is subject to market distortions by reason of a
failure of a major producing country to adhere to the
provisions of already existing trade agreements with
the United States or by the circumvention by that
country of its obligations under those
agreements;</DELETED>
<DELETED> (xiii) otherwise ensuring that countries
that accede to the World Trade Organization have made
meaningful market liberalization commitments in
agriculture;</DELETED>
<DELETED> (xiv) taking into account the impact that
agreements covering agriculture to which the United
States is a party, including the North American Free
Trade Agreement, have on the United States agricultural
industry; and</DELETED>
<DELETED> (xv) maintaining bona fide food assistance
programs and preserving United States market
development and export credit programs.</DELETED>
<DELETED> (B)(i) Before commencing negotiations with respect
to agriculture, the United States Trade Representative, in
consultation with the Congress, shall seek to develop a
position on the treatment of seasonal and perishable
agricultural products to be employed in the negotiations in
order to develop an international consensus on the treatment of
seasonal or perishable agricultural products in investigations
relating to dumping and safeguards and in any other relevant
area.</DELETED>
<DELETED> (ii) During any negotiations on agricultural
subsidies, the United States Trade Representative shall seek to
establish the common base year for calculating the Aggregated
Measurement of Support (as defined in the Agreement on
Agriculture) as the end of each country's Uruguay Round
implementation period, as reported in each country's Uruguay
Round market access schedule.</DELETED>
<DELETED> (iii) The negotiating objective provided in
subparagraph (A) applies with respect to agricultural matters
to be addressed in any trade agreement entered into under
section 3(a) or (b), including any trade agreement entered into
under section 3(a) or (b) that provides for accession to a
trade agreement to which the United States is already a party,
such as the North American Free Trade Agreement and the United
States-Canada Free Trade Agreement.</DELETED>
<DELETED> (11) Labor and the environment.--The principal
negotiating objectives of the United States with respect to
labor and the environment are--</DELETED>
<DELETED> (A) to ensure that a party to a trade
agreement with the United States does not fail to
effectively enforce its environmental or labor laws,
through a sustained or recurring course of action or
inaction, in a manner affecting trade between the
United States and that party after entry into force of
a trade agreement between those countries;</DELETED>
<DELETED> (B) to recognize that parties to a trade
agreement retain the right to exercise discretion with
respect to investigatory, prosecutorial, regulatory,
and compliance matters and to make decisions regarding
the allocation of resources to enforcement with respect
to other labor or environmental matters determined to
have higher priorities, and to recognize that a country
is effectively enforcing its laws if a course of action
or inaction reflects a reasonable exercise of such
discretion, or results from a bona fide decision
regarding the allocation of resources and no
retaliation may be authorized based on the exercise of
these rights or the right to establish domestic labor
standards and levels of environmental
protection;</DELETED>
<DELETED> (C) to strengthen the capacity of United
States trading partners to promote respect for core
labor standards (as defined in section
11(2));</DELETED>
<DELETED> (D) to strengthen the capacity of United
States trading partners to protect the environment
through the promotion of sustainable
development;</DELETED>
<DELETED> (E) to reduce or eliminate government
practices or policies that unduly threaten sustainable
development;</DELETED>
<DELETED> (F) to seek market access, through the
elimination of tariffs and nontariff barriers, for
United States environmental technologies, goods, and
services; and</DELETED>
<DELETED> (G) to ensure that labor, environmental,
health, or safety policies and practices of the parties
to trade agreements with the United States do not
arbitrarily or unjustifiably discriminate against
United States exports or serve as disguised barriers to
trade.</DELETED>
<DELETED> (12) Dispute settlement and enforcement.--The
principal negotiating objectives of the United States with
respect to dispute settlement and enforcement of trade
agreements are--</DELETED>
<DELETED> (A) to seek provisions in trade agreements
providing for resolution of disputes between
governments under those trade agreements in an
effective, timely, transparent, equitable, and reasoned
manner, requiring determinations based on facts and the
principles of the agreements, with the goal of
increasing compliance with the agreements;</DELETED>
<DELETED> (B) to seek to strengthen the capacity of
the Trade Policy Review Mechanism of the World Trade
Organization to review compliance with
commitments;</DELETED>
<DELETED> (C) to seek provisions encouraging the
early identification and settlement of disputes through
consultation;</DELETED>
<DELETED> (D) to seek provisions to encourage the
provision of trade-expanding compensation if a party to
a dispute under the agreement does not come into
compliance with its obligations under the
agreement;</DELETED>
<DELETED> (E) to seek provisions to impose a penalty
upon a party to a dispute under the agreement that--
</DELETED>
<DELETED> (i) encourages compliance with the
obligations of the agreement;</DELETED>
<DELETED> (ii) is appropriate to the
parties, nature, subject matter, and scope of
the violation; and</DELETED>
<DELETED> (iii) has the aim of not adversely
affecting parties or interests not party to the
dispute while maintaining the effectiveness of
the enforcement mechanism; and</DELETED>
<DELETED> (F) to seek provisions that treat United
States principal negotiating objectives equally with
respect to--</DELETED>
<DELETED> (i) the ability to resort to
dispute settlement under the applicable
agreement;</DELETED>
<DELETED> (ii) the availability of
equivalent dispute settlement procedures;
and</DELETED>
<DELETED> (iii) the availability of
equivalent remedies.</DELETED>
<DELETED> (13) WTO extended negotiations.--The principal
negotiating objectives of the United States regarding trade in
civil aircraft are those set forth in section 135(c) of the
Uruguay Round Agreements Act (19 U.S.C. 3355(c)) and regarding
rules of origin are the conclusion of an agreement described in
section 132 of that Act (19 U.S.C. 3552).</DELETED>
<DELETED> (c) Promotion of Certain Priorities.--In order to address
and maintain United States competitiveness in the global economy, the
President shall--</DELETED>
<DELETED> (1) seek greater cooperation between the WTO and
the ILO;</DELETED>
<DELETED> (2) seek to establish consultative mechanisms
among parties to trade agreements to strengthen the capacity of
United States trading partners to promote respect for core
labor standards (as defined in section 11(2)), and report to
the Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate on the content and
operation of such mechanisms;</DELETED>
<DELETED> (3) seek to establish consultative mechanisms
among parties to trade agreements to strengthen the capacity of
United States trading partners to develop and implement
standards for the protection of the environment and human
health based on sound science, and report to the Committee on
Ways and Means of the House of Representatives and the
Committee on Finance of the Senate on the content and operation
of such mechanisms;</DELETED>
<DELETED> (4) conduct environmental reviews of future trade
and investment agreements, consistent with Executive Order
13141 of November 16, 1999 and its relevant guidelines, and
report to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate on
such reviews;</DELETED>
<DELETED> (5) review the impact of future trade agreements
on United States employment, modeled after Executive Order
13141, and report to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate on such review;</DELETED>
<DELETED> (6) take into account other legitimate United
States domestic objectives including, but not limited to, the
protection of legitimate health or safety, essential security,
and consumer interests and the law and regulations related
thereto;</DELETED>
<DELETED> (7) have the Secretary of Labor consult with any
country seeking a trade agreement with the United States
concerning that country's labor laws and provide technical
assistance to that country if needed;</DELETED>
<DELETED> (8) with respect to any trade agreement which the
President seeks to implement under trade authorities
procedures, submit to the Congress a report describing the
extent to which the country or countries that are parties to
the agreement have in effect laws governing exploitative child
labor;</DELETED>
<DELETED> (9) preserve the ability of the United States to
enforce rigorously its trade laws, including the antidumping
and countervailing duty laws, and avoid agreements which lessen
the effectiveness of domestic and international disciplines on
unfair trade, especially dumping and subsidies, in order to
ensure that United States workers, agricultural producers, and
firms can compete fully on fair terms and enjoy the benefits of
reciprocal trade concessions;</DELETED>
<DELETED> (10) continue to promote consideration of
multilateral environmental agreements and consult with parties
to such agreements regarding the consistency of any such
agreement that includes trade measures with existing
environmental exceptions under Article XX of the GATT
1994;</DELETED>
<DELETED> (11) report to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of
the Senate, not later than 12 months after the imposition of a
penalty or remedy by the United States permitted by a trade
agreement to which this Act applies, on the effectiveness of
the penalty or remedy applied under United States law in
enforcing United States rights under the trade agreement;
and</DELETED>
<DELETED> (12) seek to establish consultative mechanisms
among parties to trade agreements to examine the trade
consequences of significant and unanticipated currency
movements and to scrutinize whether a foreign government
engaged in a pattern of manipulating its currency to promote a
competitive advantage in international trade.</DELETED>
<DELETED>The report under paragraph (11) shall address whether the
penalty or remedy was effective in changing the behavior of the
targeted party and whether the penalty or remedy had any adverse impact
on parties or interests not party to the dispute.</DELETED>
<DELETED> (d) Consultations.--</DELETED>
<DELETED> (1) Consultations with congressional advisers.--In
the course of negotiations conducted under this Act, the United
States Trade Representative shall consult closely and on a
timely basis with, and keep fully apprised of the negotiations,
the Congressional Oversight Group convened under section 7 and
all committees of the House of Representatives and the Senate
with jurisdiction over laws that would be affected by a trade
agreement resulting from the negotiations.</DELETED>
<DELETED> (2) Consultation before agreement initialed.--In
the course of negotiations conducted under this Act, the United
States Trade Representative shall--</DELETED>
<DELETED> (A) consult closely and on a timely basis
(including immediately before initialing an agreement)
with, and keep fully apprised of the negotiations, the
congressional advisers for trade policy and
negotiations appointed under section 161 of the Trade
Act of 1974 (19 U.S.C. 2211), the Committee on Ways and
Means of the House of Representatives, the Committee on
Finance of the Senate, and the Congressional Oversight
Group convened under section 7; and</DELETED>
<DELETED> (B) with regard to any negotiations and
agreement relating to agricultural trade, also consult
closely and on a timely basis (including immediately
before initialing an agreement) with, and keep fully
apprised of the negotiations, the Committee on
Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of
the Senate.</DELETED>
<DELETED> (e) Adherence to Obligations Under Uruguay Round
Agreements.--In determining whether to enter into negotiations with a
particular country, the President shall take into account the extent to
which that country has implemented, or has accelerated the
implementation of, its obligations under the Uruguay Round
Agreements.</DELETED>
<DELETED>SEC. 3. TRADE AGREEMENTS AUTHORITY.</DELETED>
<DELETED> (a) Agreements Regarding Tariff Barriers.--</DELETED>
<DELETED> (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 Act will be promoted thereby, the
President--</DELETED>
<DELETED> (A) may enter into trade agreements with
foreign countries before--</DELETED>
<DELETED> (i) June 1, 2005; or</DELETED>
<DELETED> (ii) June 1, 2007, if trade
authorities procedures are extended under
subsection (c); and</DELETED>
<DELETED> (B) may, subject to paragraphs (2) and
(3), proclaim--</DELETED>
<DELETED> (i) such modification or
continuance of any existing duty,</DELETED>
<DELETED> (ii) such continuance of existing
duty-free or excise treatment, or</DELETED>
<DELETED> (iii) such additional
duties,</DELETED>
<DELETED>as the President determines to be required or
appropriate to carry out any such trade
agreement.</DELETED>
<DELETED>The President shall notify the Congress of the
President's intention to enter into an agreement under this
subsection.</DELETED>
<DELETED> (2) Limitations.--No proclamation may be made
under paragraph (1) that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) notwithstanding paragraph (6), reduces
the rate of duty below that applicable under the
Uruguay Round Agreements, on any agricultural product
which was the subject of tariff reductions by the
United States as a result of the Uruguay Round
Agreements, for which the rate of duty, pursuant to
such Agreements, 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; or</DELETED>
<DELETED> (C) increases any rate of duty above the
rate that applied on the date of the enactment of this
Act.</DELETED>
<DELETED> (3) Aggregate reduction; exemption from staging.--
</DELETED>
<DELETED> (A) Aggregate reduction.--Except as
provided in subparagraph (B), the aggregate reduction
in the rate of duty on any article which is in effect
on any day pursuant to a trade agreement entered into
under paragraph (1) shall not exceed the aggregate
reduction which would have been in effect on such day
if--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the difference between the reduction
without regard to this paragraph and the next lower
whole number; or</DELETED>
<DELETED> (B) one-half of 1 percent ad
valorem.</DELETED>
<DELETED> (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
5 and that bill is enacted into law.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (b) Agreements Regarding Tariff and Nontariff Barriers.--
</DELETED>
<DELETED> (1) In general.--(A) Whenever the President
determines that--</DELETED>
<DELETED> (i) one or more existing duties or any
other import restriction of any foreign country or the
United States or any other barrier to, or other
distortion of, international trade unduly burdens or
restricts the foreign trade of the United States or
adversely affects the United States economy;
or</DELETED>
<DELETED> (ii) the imposition of any such barrier or
distortion is likely to result in such a burden,
restriction, or effect;</DELETED>
<DELETED>and that the purposes, policies, priorities, and
objectives of this Act will be promoted thereby, the President
may enter into a trade agreement described in subparagraph (B)
during the period described in subparagraph (C).</DELETED>
<DELETED> (B) The President may enter into a trade agreement
under subparagraph (A) with foreign countries providing for--
</DELETED>
<DELETED> (i) the reduction or elimination of a
duty, restriction, barrier, or other distortion
described in subparagraph (A), or</DELETED>
<DELETED> (ii) the prohibition of, or limitation on
the imposition of, such barrier or other
distortion.</DELETED>
<DELETED> (C) The President may enter into a trade agreement
under this paragraph before--</DELETED>
<DELETED> (i) June 1, 2005; or</DELETED>
<DELETED> (ii) June 1, 2007, if trade authorities
procedures are extended under subsection (c).</DELETED>
<DELETED> (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 2(a) and (b) and the President satisfies the conditions
set forth in section 4.</DELETED>
<DELETED> (3) Bills qualifying for trade authorities
procedures.--(A) The provisions of section 151 of the Trade Act
of 1974 (in this Act 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 Act be referred to as an ``implementing
bill''.</DELETED>
<DELETED> (B) The provisions referred to in subparagraph (A)
are--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Extension Disapproval Process for Congressional Trade
Authorities Procedures.--</DELETED>
<DELETED> (1) In general.--Except as provided in section
5(b)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) the trade authorities procedures shall
be extended to implementing bills submitted with
respect to trade agreements entered into under
subsection (b) after June 30, 2005, and before July 1,
2007, if (and only if)--</DELETED>
<DELETED> (i) the President requests such
extension under paragraph (2); and</DELETED>
<DELETED> (ii) neither House of the Congress
adopts an extension disapproval resolution
under paragraph (5) before June 1,
2005.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) a description of the progress that has
been made in negotiations to achieve the purposes,
policies, priorities, and objectives of this Act, and a
statement that such progress justifies the continuation
of negotiations; and</DELETED>
<DELETED> (C) a statement of the reasons why the
extension is needed to complete the
negotiations.</DELETED>
<DELETED> (3) Report to congress 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--</DELETED>
<DELETED> (A) its views regarding the progress that
has been made in negotiations to achieve the purposes,
policies, priorities, and objectives of this Act; and</DELETED>
<DELETED> (B) a statement of its views, and the
reasons therefor, regarding whether the extension
requested under paragraph (2) should be approved or
disapproved.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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 </DELETED>____ <DELETED>disapproves
the request of the President for the extension, under section
3(c)(1)(B)(i) of the Bipartisan Trade Promotion Authority Act
of 2001, of the trade authorities procedures under that Act to
any implementing bill submitted with respect to any trade
agreement entered into under section 3(b) of that Act after
June 30, 2005.'', with the blank space being filled with the
name of the resolving House of the Congress.</DELETED>
<DELETED> (B) Extension disapproval resolutions--</DELETED>
<DELETED> (i) may be introduced in either House of
the Congress by any member of such House; and</DELETED>
<DELETED> (ii) shall be referred, in the House of
Representatives, to the Committee on Ways and Means
and, in addition, to the Committee on Rules.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (D) It is not in order for--</DELETED>
<DELETED> (i) the Senate to consider any extension
disapproval resolution not reported by the Committee on
Finance;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iii) either House of the Congress to
consider an extension disapproval resolution after June
30, 2005.</DELETED>
<DELETED> (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 2(b).</DELETED>
<DELETED>SEC. 4. CONSULTATIONS AND ASSESSMENT.</DELETED>
<DELETED> (a) Notice and Consultation Before Negotiation.--The
President, with respect to any agreement that is subject to the
provisions of section 3(b), shall--</DELETED>
<DELETED> (1) provide, at least 90 calendar days before
initiating negotiations, written notice to the Congress of the
President's intention to enter into the negotiations and set
forth therein the date the President intends to initiate such
negotiations, the specific United States objectives for the
negotiations, and whether the President intends to seek an
agreement, or changes to an existing agreement;</DELETED>
<DELETED> (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 7;
and</DELETED>
<DELETED> (3) upon the request of a majority of the members
of the Congressional Oversight Group under section 7(c), meet
with the Congressional Oversight Group before initiating the
negotiations or at any other time concerning the
negotiations.</DELETED>
<DELETED> (b) Negotiations Regarding Agriculture.--</DELETED>
<DELETED> (1) In general.--Before initiating or continuing
negotiations the subject matter of which is directly related to
the subject matter under section 2(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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) identify those 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;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (I) whether any further tariff
reductions on the products identified under
clause (i) should be appropriate, taking into
account the impact of any such tariff reduction
on the United States industry producing the
product concerned; and</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) If, after negotiations described in
subparagraph (A) are commenced--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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,</DELETED>
<DELETED>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.</DELETED>
<DELETED> (c) Negotiations Regarding Textiles.--Before initiating or
continuing negotiations the subject matter of which is directly related
to textiles and apparel products with any country, the President shall
assess whether United States tariffs on textile and apparel products
that were bound under the Uruguay Round Agreements are lower than the
tariffs bound by that country and whether the negotiation provides an
opportunity to address any such disparity. The President shall consult
with the Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate concerning the results of
the assessment, whether it is appropriate for the United States to
agree to further tariff reductions based on the conclusions reached in
the assessment, and how all applicable negotiating objectives will be
met.</DELETED>
<DELETED> (d) Consultation With Congress Before Agreements Entered
Into.--</DELETED>
<DELETED> (1) Consultation.--Before entering into any trade
agreement under section 3(b), the President shall consult
with--</DELETED>
<DELETED> (A) the Committee on Ways and Means of the
House of Representatives and the Committee on Finance
of the Senate;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) the Congressional Oversight Group
convened under section 7.</DELETED>
<DELETED> (2) Scope.--The consultation described in
paragraph (1) shall include consultation with respect to--
</DELETED>
<DELETED> (A) the nature of the agreement;</DELETED>
<DELETED> (B) how and to what extent the agreement
will achieve the applicable purposes, policies,
priorities, and objectives of this Act; and</DELETED>
<DELETED> (C) the implementation of the agreement
under section 5, including the general effect of the
agreement on existing laws.</DELETED>
<DELETED> (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 3(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 3(a)(1) or 5(a)(1)(A) of
the President's intention to enter into the agreement.</DELETED>
<DELETED> (f) ITC Assessment.--</DELETED>
<DELETED> (1) In general.--The President, at least 90
calendar days before the day on which the President enters into
a trade agreement under section 3(b), shall provide the
International Trade Commission (referred to in this subsection
as ``the Commission'') with the details of the agreement as it
exists at that time and request the Commission to prepare and
submit an assessment of the agreement as described in paragraph
(2). Between the time the President makes the request under
this paragraph and the time the Commission submits the
assessment, the President shall keep the Commission current
with respect to the details of the agreement.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 5. IMPLEMENTATION OF TRADE AGREEMENTS.</DELETED>
<DELETED> (a) In General.--</DELETED>
<DELETED> (1) Notification and submission.--Any agreement
entered into under section 3(b) shall enter into force with
respect to the United States if (and only if)--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (i) a draft of an implementing
bill described in section 3(b)(3);</DELETED>
<DELETED> (ii) a statement of any
administrative action proposed to implement the
trade agreement; and</DELETED>
<DELETED> (iii) the supporting information
described in paragraph (2); and</DELETED>
<DELETED> (D) the implementing bill is enacted into
law.</DELETED>
<DELETED> (2) Supporting information.--The supporting
information required under paragraph (1)(C)(iii) consists of--
</DELETED>
<DELETED> (A) an explanation as to how the
implementing bill and proposed administrative action
will change or affect existing law; and</DELETED>
<DELETED> (B) a statement--</DELETED>
<DELETED> (i) asserting that the agreement
makes progress in achieving the applicable
purposes, policies, priorities, and objectives
of this Act; and</DELETED>
<DELETED> (ii) setting forth the reasons of
the President regarding--</DELETED>
<DELETED> (I) how and to what extent
the agreement makes progress in
achieving the applicable purposes,
policies, and objectives referred to in
clause (i);</DELETED>
<DELETED> (II) whether and how the
agreement changes provisions of an
agreement previously
negotiated;</DELETED>
<DELETED> (III) how the agreement
serves the interests of United States
commerce;</DELETED>
<DELETED> (IV) how the implementing
bill meets the standards set forth in
section 3(b)(3); and</DELETED>
<DELETED> (V) how and to what extent
the agreement makes progress in
achieving the applicable purposes,
policies, and objectives referred to in
section 2(c) regarding the promotion of
certain priorities.</DELETED>
<DELETED> (3) Reciprocal benefits.--In order to ensure that
a foreign country that is not a party to a trade agreement
entered into under section 3(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.</DELETED>
<DELETED> (b) Limitations on Trade Authorities Procedures.--
</DELETED>
<DELETED> (1) For lack of notice or consultations.--
</DELETED>
<DELETED> (A) In general.--The trade authorities
procedures shall not apply to any implementing bill
submitted with respect to a trade agreement or trade
agreements entered into under section 3(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.</DELETED>
<DELETED> (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 2001 on negotiations with
respect to </DELETED>____________ <DELETED>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.</DELETED>
<DELETED> (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 2001'' on negotiations with respect to
a trade agreement or trade agreements if--</DELETED>
<DELETED> (I) the President has failed or
refused to consult (as the case may be) in
accordance with section 4 or 5 with respect to
the negotiations, agreement, or
agreements;</DELETED>
<DELETED> (II) guidelines under section 7(b)
have not been developed or met with respect to
the negotiations, agreement, or
agreements;</DELETED>
<DELETED> (III) the President has not met
with the Congressional Oversight Group pursuant
to a request made under section 7(c) with
respect to the negotiations, agreement, or
agreements; or</DELETED>
<DELETED> (IV) the agreement or agreements
fail to make progress in achieving the
purposes, policies, priorities, and objectives
of this Act.</DELETED>
<DELETED> (2) Procedures for considering resolutions.--(A)
Procedural disapproval resolutions--</DELETED>
<DELETED> (i) in the House of Representatives--
</DELETED>
<DELETED> (I) may be introduced by any
Member of the House;</DELETED>
<DELETED> (II) shall be referred to the
Committee on Ways and Means and, in addition,
to the Committee on Rules; and</DELETED>
<DELETED> (III) may not be amended by either
Committee; and</DELETED>
<DELETED> (ii) in the Senate may be introduced by
any Member of the Senate.</DELETED>
<DELETED> (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 considered under such provisions of section 152
of the Trade Act of 1974 in that House of Congress during that
Congress.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Rules of House of Representatives and Senate.--
Subsection (b) of this section and section 3(c) are enacted by the
Congress--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 6. TREATMENT OF CERTAIN TRADE AGREEMENTS FOR WHICH
NEGOTIATIONS HAVE ALREADY BEGUN.</DELETED>
<DELETED> (a) Certain Agreements.--Notwithstanding section 3(b)(2),
if an agreement to which section 3(b) applies--</DELETED>
<DELETED> (1) is entered into under the auspices of the
World Trade Organization,</DELETED>
<DELETED> (2) is entered into with Chile,</DELETED>
<DELETED> (3) is entered into with Singapore, or</DELETED>
<DELETED> (4) establishes a Free Trade Area for the
Americas,</DELETED>
<DELETED>and results from negotiations that were commenced before the
date of the enactment of this Act, subsection (b) shall
apply.</DELETED>
<DELETED> (b) Treatment of Agreements.--In the case of any agreement
to which subsection (a) applies--</DELETED>
<DELETED> (1) the applicability of the trade authorities
procedures to implementing bills shall be determined without
regard to the requirements of section 4(a) (relating only to 90
days notice prior to initiating negotiations), and any
procedural disapproval resolution under section 5(b)(1)(B)
shall not be in order on the basis of a failure or refusal to
comply with the provisions of section 4(a); and</DELETED>
<DELETED> (2) the President shall, as soon as feasible after
the enactment of this Act--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) before and after submission of the
notice, consult regarding the negotiations with the
committees referred to in section 4(a)(2) and the
Congressional Oversight Group.</DELETED>
<DELETED>SEC. 7. CONGRESSIONAL OVERSIGHT GROUP.</DELETED>
<DELETED> (a) Members and Functions.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Membership from the house.--In each Congress,
the Congressional Oversight Group shall be comprised of the
following Members of the House of Representatives:</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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 Act would
apply.</DELETED>
<DELETED> (3) Membership from the senate.--In each Congress,
the Congressional Oversight Group shall also be comprised of
the following members of the Senate:</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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 Act would
apply.</DELETED>
<DELETED> (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 official advisers
to the United States delegation in negotiations for any trade
agreement to which this Act 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 official advisers
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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Guidelines.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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 established under this
section; and</DELETED>
<DELETED> (B) may make such revisions to the
guidelines as may be necessary from time to
time.</DELETED>
<DELETED> (2) Content.--The guidelines developed under
paragraph (1) shall provide for, among other things--</DELETED>
<DELETED> (A) regular, detailed briefings of the
Congressional Oversight Group regarding negotiating
objectives, including the promotion of certain
priorities referred to in section 2(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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;
and</DELETED>
<DELETED> (D) after the applicable trade agreement
is concluded, consultation regarding ongoing compliance
and enforcement of negotiated commitments under the
trade agreement.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 8. ADDITIONAL IMPLEMENTATION AND ENFORCEMENT
REQUIREMENTS.</DELETED>
<DELETED> (a) In General.--At the time the President submits to the
Congress the final text of an agreement pursuant to section 5(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:</DELETED>
<DELETED> (1) Border personnel requirements.--A description
of additional personnel required at border entry points,
including a list of additional customs and agricultural
inspectors.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Customs infrastructure requirements.--A
description of the additional equipment and facilities needed
by the United States Customs Service.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Cost analysis.--An analysis of the costs
associated with each of the items listed in paragraphs (1)
through (4).</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 9. COMMITTEE STAFF.</DELETED>
<DELETED> The grant of trade promotion authority under this Act is
likely to increase the activities of the primary committees of
jurisdiction in the area of international trade. In addition, the
creation of the Congressional Oversight Group under section 7 will
increase the participation of a broader number of Members of Congress
in the formulation of United States trade policy and oversight of the
international trade agenda for the United States. The primary
committees of jurisdiction should have adequate staff to accommodate
these increases in activities.</DELETED>
<DELETED>SEC. 10. CONFORMING AMENDMENTS.</DELETED>
<DELETED> (a) In General.--Title I of the Trade Act of 1974 (19
U.S.C. 2111 et seq.) is amended as follows:</DELETED>
<DELETED> (1) Implementing bill.--</DELETED>
<DELETED> (A) Section 151(b)(1) (19 U.S.C.
2191(b)(1)) is amended by striking ``section 1103(a)(1)
of the Omnibus Trade and Competitiveness Act of 1988,
or section 282 of the Uruguay Round Agreements Act''
and inserting ``section 282 of the Uruguay Round
Agreements Act, or section 5(a)(1) of the Bipartisan
Trade Promotion Authority Act of 2001''.</DELETED>
<DELETED> (B) Section 151(c)(1) (19 U.S.C.
2191(c)(1)) is amended by striking ``or section 282 of
the Uruguay Round Agreements Act'' and inserting ``,
section 282 of the Uruguay Round Agreements Act, or
section 5(a)(1) of the Bipartisan Trade Promotion
Authority Act of 2001''.</DELETED>
<DELETED> (2) Advice from international trade commission.--
Section 131 (19 U.S.C. 2151) is amended--</DELETED>
<DELETED> (A) in subsection (a)--</DELETED>
<DELETED> (i) in paragraph (1), by striking
``section 123 of this Act or section 1102 (a)
or (c) of the Omnibus Trade and Competitiveness
Act of 1988,'' and inserting ``section 123 of
this Act or section 3(a) or (b) of the
Bipartisan Trade Promotion Authority Act of
2001,''; and</DELETED>
<DELETED> (ii) in paragraph (2), by striking
``section 1102 (b) or (c) of the Omnibus Trade
and Competitiveness Act of 1988'' and inserting
``section 3(b) of the Bipartisan Trade
Promotion Authority Act of 2001'';</DELETED>
<DELETED> (B) in subsection (b), by striking
``section 1102(a)(3)(A)'' and inserting ``section
3(a)(3)(A) of the Bipartisan Trade Promotion Authority
Act of 2001''; and</DELETED>
<DELETED> (C) in subsection (c), by striking
``section 1102 of the Omnibus Trade and Competitiveness
Act of 1988,'' and inserting ``section 3 of the
Bipartisan Trade Promotion Authority Act of
2001,''.</DELETED>
<DELETED> (3) Hearings and advice.--Sections 132, 133(a),
and 134(a) (19 U.S.C. 2152, 2153(a), and 2154(a)) are each
amended by striking ``section 1102 of the Omnibus Trade and
Competitiveness Act of 1988,'' each place it appears and
inserting ``section 3 of the Bipartisan Trade Promotion
Authority Act of 2001,''.</DELETED>
<DELETED> (4) Prerequisites for offers.--Section 134(b) (19
U.S.C. 2154(b)) is amended by striking ``section 1102 of the
Omnibus Trade and Competitiveness Act of 1988'' and inserting
``section 3 of the Bipartisan Trade Promotion Authority Act of
2001''.</DELETED>
<DELETED> (5) Advice from private and public sectors.--
Section 135 (19 U.S.C. 2155) is amended--</DELETED>
<DELETED> (A) in subsection (a)(1)(A), by striking
``section 1102 of the Omnibus Trade and Competitiveness
Act of 1988'' and inserting ``section 3 of the
Bipartisan Trade Promotion Authority Act of
2001'';</DELETED>
<DELETED> (B) in subsection (e)(1)--</DELETED>
<DELETED> (i) by striking ``section 1102 of
the Omnibus Trade and Competitiveness Act of
1988'' each place it appears and inserting
``section 3 of the Bipartisan Trade Promotion
Authority Act of 2001''; and</DELETED>
<DELETED> (ii) by striking ``section
1103(a)(1)(A) of such Act of 1988'' and
inserting ``section 5(a)(1)(A) of the
Bipartisan Trade Promotion Authority Act of
2001''; and</DELETED>
<DELETED> (C) in subsection (e)(2), by striking
``section 1101 of the Omnibus Trade and Competitiveness
Act of 1988'' and inserting ``section 2 of the
Bipartisan Trade Promotion Authority Act of
2001''.</DELETED>
<DELETED> (6) Transmission of agreements to congress.--
Section 162(a) (19 U.S.C. 2212(a)) is amended by striking ``or
under section 1102 of the Omnibus Trade and Competitiveness Act
of 1988'' and inserting ``or under section 3 of the Bipartisan
Trade Promotion Authority Act of 2001''.</DELETED>
<DELETED> (b) Application of Certain Provisions.--For purposes of
applying sections 125, 126, and 127 of the Trade Act of 1974 (19 U.S.C.
2135, 2136(a), and 2137)--</DELETED>
<DELETED> (1) any trade agreement entered into under section
3 shall be treated as an agreement entered into under section
101 or 102, as appropriate, of the Trade Act of 1974 (19 U.S.C.
2111 or 2112); and</DELETED>
<DELETED> (2) any proclamation or Executive order issued
pursuant to a trade agreement entered into under section 3
shall be treated as a proclamation or Executive order issued
pursuant to a trade agreement entered into under section 102 of
the Trade Act of 1974.</DELETED>
<DELETED>SEC. 11. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Agreement on agriculture.--The term
``Agreement on Agriculture'' means the agreement referred to in
section 101(d)(2) of the Uruguay Round Agreements Act (19
U.S.C. 3511(d)(2)).</DELETED>
<DELETED> (2) Core labor standards.--The term ``core labor
standards'' means--</DELETED>
<DELETED> (A) the right of association;</DELETED>
<DELETED> (B) the right to organize and bargain
collectively;</DELETED>
<DELETED> (C) a prohibition on the use of any form
of forced or compulsory labor;</DELETED>
<DELETED> (D) a minimum age for the employment of
children; and</DELETED>
<DELETED> (E) acceptable conditions of work with
respect to minimum wages, hours of work, and
occupational safety and health.</DELETED>
<DELETED> (3) GATT 1994.--The term ``GATT 1994'' has the
meaning given that term in section 2 of the Uruguay Round
Agreements Act (19 U.S.C. 3501).</DELETED>
<DELETED> (4) ILO.--The term ``ILO'' means the International
Labor Organization.</DELETED>
<DELETED> (5) United states person.--The term ``United
States person'' means--</DELETED>
<DELETED> (A) a United States citizen;</DELETED>
<DELETED> (B) a partnership, corporation, or other
legal entity organized under the laws of the United
States; and</DELETED>
<DELETED> (C) a partnership, corporation, or other
legal entity that is organized under the laws of a
foreign country and is controlled by entities described
in subparagraph (B) or United States citizens, or
both.</DELETED>
<DELETED> (6) Uruguay round agreements.--The term ``Uruguay
Round Agreements'' has the meaning given that term in section
2(7) of the Uruguay Round Agreements Act (19 U.S.C.
3501(7)).</DELETED>
<DELETED> (7) World trade organization; wto.--The terms
``World Trade Organization'' and ``WTO'' mean the organization
established pursuant to the WTO Agreement.</DELETED>
<DELETED> (8) WTO agreement.--The term ``WTO Agreement''
means the Agreement Establishing the World Trade Organization
entered into on April 15, 1994.</DELETED>
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Bipartisan Trade
Promotion Authority Act of 2002''.
(b) Findings.--The Congress makes the following findings:
(1) The expansion of international trade is vital to the
national security of the United States. Trade is critical to
the economic growth and strength of the United States and to
its leadership in the world. Stable trading relationships
promote security and prosperity. Trade agreements today serve
the same purposes that security pacts played during the Cold
War, binding nations together through a series of mutual rights
and obligations. Leadership by the United States in
international trade fosters open markets, democracy, and peace
throughout the world.
(2) The national security of the United States depends on
its economic security, which in turn is founded upon a vibrant
and growing industrial base. Trade expansion has been the
engine of economic growth. Trade agreements maximize
opportunities for the critical sectors and building blocks of
the economy of the United States, such as information
technology, telecommunications and other leading technologies,
basic industries, capital equipment, medical equipment,
services, agriculture, environmental technology, and
intellectual property. Trade will create new opportunities for
the United States and preserve the unparalleled strength of the
United States in economic, political, and military affairs. The
United States, secured by expanding trade and economic
opportunities, will meet the challenges of the twenty-first
century.
(3) Support for continued trade expansion requires that
dispute settlement procedures under international trade
agreements not add to or diminish the rights and obligations
provided in such agreements. Nevertheless, in several cases,
dispute settlement panels and the WTO Appellate Body have added
to obligations and diminished rights of the United States under
WTO Agreements. In particular, dispute settlement panels and
the Appellate Body have--
(A) given insufficient deference to the expertise
and fact-finding of the Department of Commerce and the
United States International Trade Commission;
(B) imposed an obligation concerning the causal
relationship between increased imports into the United
States and serious injury to domestic industry
necessary to support a safeguard measure that is
different from the obligation set forth in the
applicable WTO Agreements;
(C) imposed an obligation concerning the exclusion
from safeguards measures of products imported from
countries party to a free trade agreement that is
different from the obligation set forth in the
applicable WTO Agreements;
(D) imposed obligations on the Department of
Commerce with respect to the use of facts available in
antidumping investigations that are different from the
obligations set forth in the applicable WTO Agreements;
and
(E) accorded insufficient deference to the
Department of Commerce's methodology for adjusting
countervailing duties following the privatization of a
subsidized foreign producer.
SEC. 2. TRADE NEGOTIATING OBJECTIVES.
(a) Overall Trade Negotiating Objectives.--The overall trade
negotiating objectives of the United States for agreements subject to
the provisions of section 3 are--
(1) to obtain more open, equitable, and reciprocal market
access;
(2) to obtain the reduction or elimination of barriers and
distortions that are directly related to trade and that
decrease market opportunities for United States exports or
otherwise distort United States trade;
(3) to further strengthen the system of international
trading disciplines and procedures, including dispute
settlement;
(4) to foster economic growth, raise living standards, and
promote full employment in the United States and to enhance the
global economy;
(5) to ensure that trade and environmental policies are
mutually supportive and to seek to protect and preserve the
environment and enhance the international means of doing so,
while optimizing the use of the world's resources;
(6) to promote respect for worker rights and the rights of
children consistent with core labor standards of the
International Labor Organization (as defined in section 13(2))
and an understanding of the relationship between trade and
worker rights;
(7) to seek provisions in trade agreements under which
parties to those agreements strive to ensure that they do not
weaken or reduce the protections afforded in domestic
environmental and labor laws as an encouragement for trade; and
(8) to ensure that trade agreements afford small businesses
equal access to international markets, equitable trade
benefits, expanded export market opportunities, and provide for
the reduction or elimination of trade barriers that
disproportionately impact small business.
(b) Principal Trade Negotiating Objectives.--
(1) Trade barriers and distortions.--The principal
negotiating objectives of the United States regarding trade
barriers and other trade distortions are--
(A) to expand competitive market opportunities for
United States exports and to obtain fairer and more
open conditions of trade by reducing or eliminating
tariff and nontariff barriers and policies and
practices of foreign governments directly related to
trade that decrease market opportunities for United
States exports or otherwise distort United States
trade; and
(B) to obtain reciprocal tariff and nontariff
barrier elimination agreements, with particular
attention to those tariff categories covered in section
111(b) of the Uruguay Round Agreements Act (19 U.S.C.
3521(b)).
(2) Trade in services.--The principal negotiating objective
of the United States regarding trade in services is to reduce
or eliminate barriers to international trade in services,
including regulatory and other barriers that deny national
treatment and market access or unreasonably restrict the
establishment or operations of service suppliers.
(3) Foreign investment.--Recognizing that United States law
on the whole provides a high level of protection for
investment, consistent with or greater than the level required
by international law, the principal negotiating objectives of
the United States regarding foreign investment are to reduce or
eliminate artificial or trade-distorting barriers to trade-
related foreign investment, while ensuring that United States
investors in the United States are not accorded lesser rights
than foreign investors in the United States, and to secure for
investors important rights comparable to those that would be
available under United States legal principles and practice,
by--
(A) reducing or eliminating exceptions to the
principle of national treatment;
(B) freeing the transfer of funds relating to
investments;
(C) reducing or eliminating performance
requirements, forced technology transfers, and other
unreasonable barriers to the establishment and
operation of investments;
(D) seeking to establish standards for
expropriation and compensation for expropriation,
consistent with United States legal principles and
practice;
(E) seeking to establish standards for fair and
equitable treatment consistent with United States legal
principles and practice, including the principle of due
process;
(F) providing meaningful procedures for resolving
investment disputes;
(G) seeking to improve mechanisms used to resolve
disputes between an investor and a government through--
(i) mechanisms to eliminate frivolous
claims and to deter the filing of frivolous
claims;
(ii) procedures to ensure the efficient
selection of arbitrators and the expeditious
disposition of claims;
(iii) procedures to enhance opportunities
for public input into the formulation of
government positions; and
(iv) establishment of a single appellate
body to review decisions in investor-to-
government disputes and thereby provide
coherence to the interpretations of investment
provisions in trade agreements; and
(H) ensuring the fullest measure of transparency in
the dispute settlement mechanism, to the extent
consistent with the need to protect information that is
classified or business confidential, by--
(i) ensuring that all requests for dispute
settlement are promptly made public;
(ii) ensuring that--
(I) all proceedings, submissions,
findings, and decisions are promptly
made public;
(II) all hearings are open to the
public; and
(iii) establishing a mechanism for
acceptance of amicus curiae submissions from
businesses, unions, and nongovernmental
organizations.
(4) Intellectual property.--The principal negotiating
objectives of the United States regarding trade-related
intellectual property are--
(A) to further promote adequate and effective
protection of intellectual property rights, including
through--
(i)(I) ensuring accelerated and full
implementation of the Agreement on Trade-
Related Aspects of Intellectual Property Rights
referred to in section 101(d)(15) of the
Uruguay Round Agreements Act (19 U.S.C.
3511(d)(15)), particularly with respect to
meeting enforcement obligations under that
agreement; and
(II) ensuring that the provisions of any
multilateral or bilateral trade agreement
governing intellectual property rights that is
entered into by the United States reflect a
standard of protection similar to that found in
United States law;
(ii) providing strong protection for new
and emerging technologies and new methods of
transmitting and distributing products
embodying intellectual property;
(iii) preventing or eliminating
discrimination with respect to matters
affecting the availability, acquisition, scope,
maintenance, use, and enforcement of
intellectual property rights;
(iv) ensuring that standards of protection
and enforcement keep pace with technological
developments, and in particular ensuring that
rightholders have the legal and technological
means to control the use of their works through
the Internet and other global communication
media, and to prevent the unauthorized use of
their works; and
(v) providing strong enforcement of
intellectual property rights, including through
accessible, expeditious, and effective civil,
administrative, and criminal enforcement
mechanisms; and
(B) to secure fair, equitable, and
nondiscriminatory market access opportunities for
United States persons that rely upon intellectual
property protection.
(5) Transparency.--The principal negotiating objective of
the United States with respect to transparency is to obtain
wider and broader application of the principle of transparency
through--
(A) increased and more timely public access to
information regarding trade issues and the activities
of international trade institutions;
(B) increased openness at the WTO and other
international trade fora by increasing public access to
appropriate meetings, proceedings, and submissions,
including with regard to dispute settlement and
investment; and
(C) increased and more timely public access to all
notifications and supporting documentation submitted by
parties to the WTO.
(6) Anti-corruption.--The principal negotiating objectives
of the United States with respect to the use of money or other
things of value to influence acts, decisions, or omissions of
foreign governments or officials or to secure any improper
advantage in a manner affecting trade are--
(A) to obtain high standards and appropriate
domestic enforcement mechanisms applicable to persons
from all countries participating in the applicable
trade agreement that prohibit such attempts to
influence acts, decisions, or omissions of foreign
governments; and
(B) to ensure that such standards do not place
United States persons at a competitive disadvantage in
international trade.
(7) Improvement of the wto and multilateral trade
agreements.--The principal negotiating objectives of the United
States regarding the improvement of the World Trade
Organization, the Uruguay Round Agreements, and other
multilateral and bilateral trade agreements are--
(A) to achieve full implementation and extend the
coverage of the World Trade Organization and such
agreements to products, sectors, and conditions of
trade not adequately covered; and
(B) to expand country participation in and
enhancement of the Information Technology Agreement and
other trade agreements.
(8) Regulatory practices.--The principal negotiating
objectives of the United States regarding the use of government
regulation or other practices by foreign governments to provide
a competitive advantage to their domestic producers, service
providers, or investors and thereby reduce market access for
United States goods, services, and investments are--
(A) to achieve increased transparency and
opportunity for the participation of affected parties
in the development of regulations;
(B) to require that proposed regulations be based
on sound science, cost-benefit analysis, risk
assessment, or other objective evidence;
(C) to establish consultative mechanisms among
parties to trade agreements to promote increased
transparency in developing guidelines, rules,
regulations, and laws for government procurement and
other regulatory regimes; and
(D) to achieve the elimination of government
measures such as price controls and reference pricing
which deny full market access for United States
products.
(9) Electronic commerce.--The principal negotiating
objectives of the United States with respect to electronic
commerce are--
(A) to ensure that current obligations, rules,
disciplines, and commitments under the World Trade
Organization apply to electronic commerce;
(B) to ensure that--
(i) electronically delivered goods and
services receive no less favorable treatment
under trade rules and commitments than like
products delivered in physical form; and
(ii) the classification of such goods and
services ensures the most liberal trade
treatment possible;
(C) to ensure that governments refrain from
implementing trade-related measures that impede
electronic commerce;
(D) where legitimate policy objectives require
domestic regulations that affect electronic commerce,
to obtain commitments that any such regulations are the
least restrictive on trade, nondiscriminatory, and
transparent, and promote an open market environment;
and
(E) to extend the moratorium of the World Trade
Organization on duties on electronic transmissions.
(10) Reciprocal trade in agriculture.--
(A) In general.--The principal negotiating
objective of the United States with respect to
agriculture is to obtain competitive opportunities for
United States exports of agricultural commodities in
foreign markets substantially equivalent to the
competitive opportunities afforded foreign exports in
United States markets and to achieve fairer and more
open conditions of trade in bulk, specialty crop, and
value-added commodities by--
(i) reducing or eliminating, by a date
certain, tariffs or other charges that decrease
market opportunities for United States
exports--
(I) giving priority to those
products that are subject to
significantly higher tariffs or subsidy
regimes of major producing countries;
and
(II) providing reasonable
adjustment periods for United States
import-sensitive products, in close
consultation with the Congress on such
products before initiating tariff
reduction negotiations;
(ii) reducing tariffs to levels that are
the same as or lower than those in the United
States;
(iii) seeking to eliminate all export
subsidies on agricultural commodities while
maintaining bona fide food aid and preserving
United States agricultural market development
and export credit programs that allow the
United States to compete with other foreign
export promotion efforts;
(iv) allowing the preservation of programs
that support family farms and rural communities
but do not distort trade;
(v) developing disciplines for domestic
support programs, so that production that is in
excess of domestic food security needs is sold
at world prices;
(vi) eliminating Government policies that
create price-depressing surpluses;
(vii) eliminating state trading enterprises
whenever possible;
(viii) developing, strengthening, and
clarifying rules and effective dispute
settlement mechanisms to eliminate practices
that unfairly decrease United States market
access opportunities or distort agricultural
markets to the detriment of the United States,
particularly with respect to import-sensitive
products, including--
(I) unfair or trade-distorting
activities of state trading enterprises
and other administrative mechanisms,
with emphasis on requiring price
transparency in the operation of state
trading enterprises and such other
mechanisms in order to end cross
subsidization, price discrimination,
and price undercutting;
(II) unjustified trade restrictions
or commercial requirements, such as
labeling, that affect new technologies,
including biotechnology;
(III) unjustified sanitary or
phytosanitary restrictions, including
those not based on scientific
principles in contravention of the
Uruguay Round Agreements;
(IV) other unjustified technical
barriers to trade; and
(V) restrictive rules in the
administration of tariff rate quotas;
(ix) eliminating practices that adversely
affect trade in perishable or cyclical
products, while improving import relief
mechanisms to recognize the unique
characteristics of perishable and cyclical
agriculture;
(x) ensuring that the use of import relief
mechanisms for perishable and cyclical
agriculture are as accessible and timely to
growers in the United States as those
mechanisms that are used by other countries;
(xi) taking into account whether a party to
the negotiations has failed to adhere to the
provisions of already existing trade agreements
with the United States or has circumvented obligations under those
agreements;
(xii) taking into account whether a product
is subject to market distortions by reason of a
failure of a major producing country to adhere
to the provisions of already existing trade
agreements with the United States or by the
circumvention by that country of its
obligations under those agreements;
(xiii) otherwise ensuring that countries
that accede to the World Trade Organization
have made meaningful market liberalization
commitments in agriculture;
(xiv) taking into account the impact that
agreements covering agriculture to which the
United States is a party, including the North
American Free Trade Agreement, have on the
United States agricultural industry;
(xv) maintaining bona fide food assistance
programs and preserving United States market
development and export credit programs; and
(xvi) strive to complete a general
multilateral round in the World Trade
Organization by January 1, 2005, and seek the
broadest market access possible in
multilateral, regional, and bilateral
negotiations, recognizing the effect that
simultaneous sets of negotiations may have on
United States import-sensitive commodities
(including those subject to tariff-rate
quotas).
(B) Consultation.--
(i) Before commencing negotiations.--Before
commencing negotiations with respect to
agriculture, the United States Trade
Representative, in consultation with the
Congress, shall seek to develop a position on
the treatment of seasonal and perishable
agricultural products to be employed in the
negotiations in order to develop an
international consensus on the treatment of
seasonal or perishable agricultural products in
investigations relating to dumping and
safeguards and in any other relevant area.
(ii) During negotiations.--During any
negotiations on agricultural subsidies, the
United States Trade Representative shall seek
to establish the common base year for
calculating the Aggregated Measurement of
Support (as defined in the Agreement on
Agriculture) as the end of each country's
Uruguay Round implementation period, as
reported in each country's Uruguay Round market
access schedule.
(iii) Scope of objective.--The negotiating
objective provided in subparagraph (A) applies
with respect to agricultural matters to be
addressed in any trade agreement entered into
under section 3(a) or (b), including any trade
agreement entered into under section 3(a) or
(b) that provides for accession to a trade
agreement to which the United States is already
a party, such as the North American Free Trade
Agreement and the United States-Canada Free
Trade Agreement.
(11) Labor and the environment.--The principal negotiating
objectives of the United States with respect to labor and the
environment are--
(A) to ensure that a party to a trade agreement
with the United States does not fail to effectively
enforce its environmental or labor laws, through a
sustained or recurring course of action or inaction, in
a manner affecting trade between the United States and
that party after entry into force of a trade agreement
between those countries;
(B) to recognize that parties to a trade agreement
retain the right to exercise discretion with respect to
investigatory, prosecutorial, regulatory, and
compliance matters and to make decisions regarding the
allocation of resources to enforcement with respect to
other labor or environmental matters determined to have
higher priorities, and to recognize that a country is
effectively enforcing its laws if a course of action or
inaction reflects a reasonable exercise of such
discretion, or results from a bona fide decision
regarding the allocation of resources and no
retaliation may be authorized based on the exercise of
these rights or the right to establish domestic labor
standards and levels of environmental protection;
(C) to strengthen the capacity of United States
trading partners to promote respect for core labor
standards (as defined in section 13(2));
(D) to strengthen the capacity of United States
trading partners to protect the environment through the
promotion of sustainable development;
(E) to reduce or eliminate government practices or
policies that unduly threaten sustainable development;
(F) to seek market access, through the elimination
of tariffs and nontariff barriers, for United States
environmental technologies, goods, and services; and
(G) to ensure that labor, environmental, health, or
safety policies and practices of the parties to trade
agreements with the United States do not arbitrarily or
unjustifiably discriminate against United States
exports or serve as disguised barriers to trade.
(12) Dispute settlement and enforcement.--The principal
negotiating objectives of the United States with respect to
dispute settlement and enforcement of trade agreements are--
(A) to seek provisions in trade agreements
providing for resolution of disputes between
governments under those trade agreements in an
effective, timely, transparent, equitable, and reasoned
manner, requiring determinations based on facts and the
principles of the agreements, with the goal of
increasing compliance with the agreements;
(B) to seek to strengthen the capacity of the Trade
Policy Review Mechanism of the World Trade Organization
to review compliance with commitments;
(C) to seek improved adherence by panels convened
under the WTO Understanding on Rules and Procedures
Governing the Settlement of Disputes and by the WTO
Appellate Body to the standard of review applicable
under the WTO Agreement involved in the dispute,
including greater deference, where appropriate, to the
fact finding and technical expertise of national
investigating authorities;
(D) to seek provisions encouraging the early
identification and settlement of disputes through
consultation;
(E) to seek provisions to encourage the provision
of trade-expanding compensation if a party to a dispute
under the agreement does not come into compliance with
its obligations under the agreement;
(F) to seek provisions to impose a penalty upon a
party to a dispute under the agreement that--
(i) encourages compliance with the
obligations of the agreement;
(ii) is appropriate to the parties, nature,
subject matter, and scope of the violation; and
(iii) has the aim of not adversely
affecting parties or interests not party to the
dispute while maintaining the effectiveness of
the enforcement mechanism; and
(G) to seek provisions that treat United States
principal negotiating objectives equally with respect
to--
(i) the ability to resort to dispute
settlement under the applicable agreement;
(ii) the availability of equivalent dispute
settlement procedures; and
(iii) the availability of equivalent
remedies.
(13) Border taxes.--The principal negotiating objective of
the United States regarding border taxes is to obtain a
revision of the WTO rules with respect to the treatment of
border adjustments for internal taxes to redress the
disadvantage to countries relying primarily on direct taxes for
revenue rather than indirect taxes.
(14) WTO extended negotiations.--The principal negotiating
objectives of the United States regarding trade in civil
aircraft are those set forth in section 135(c) of the Uruguay
Round Agreements Act (19 U.S.C. 3355(c)) and regarding rules of
origin are the conclusion of an agreement described in section
132 of that Act (19 U.S.C. 3552).
(c) Promotion of Certain Priorities.--In order to address and
maintain United States competitiveness in the global economy, the
President shall--
(1) seek greater cooperation between the WTO and the ILO;
(2) seek to establish consultative mechanisms among parties
to trade agreements to strengthen the capacity of United States
trading partners to promote respect for core labor standards
(as defined in section 13(2)), and report to the Committee on
Ways and Means of the House of Representatives and the
Committee on Finance of the Senate on the content and operation
of such mechanisms;
(3) seek to establish consultative mechanisms among parties
to trade agreements to strengthen the capacity of United States
trading partners to develop and implement standards for the
protection of the environment and human health based on sound
science, and report to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate on the content and operation of such mechanisms;
(4) conduct environmental reviews of future trade and
investment agreements, consistent with Executive Order 13141 of
November 16, 1999 and the relevant guidelines, and report to
the Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate on such reviews;
(5) review the impact of future trade agreements on United
States employment, modeled after Executive Order 13141, and
report to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate on
such review;
(6) take into account other legitimate United States
domestic objectives including, but not limited to, the
protection of legitimate health or safety, essential security,
and consumer interests and the law and regulations related
thereto;
(7) have the Secretary of Labor consult with any country
seeking a trade agreement with the United States concerning
that country's labor laws and provide technical assistance to
that country if needed;
(8) in connection with any trade negotiations entered into
under this Act, the President shall submit to the Committee on
Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a meaningful labor rights
report of the country, or countries, with respect to which the
President is negotiating, on a time frame determined in
accordance with section 7(b)(2)(E);
(9)(A) preserve the ability of the United States to enforce
rigorously its trade laws, including the antidumping,
countervailing duty, and safeguard laws, and avoid agreements
that lessen the effectiveness of domestic and international
disciplines on unfair trade, especially dumping and subsidies,
or that lessen the effectiveness of domestic and international
safeguard provisions, in order to ensure that United States
workers, agricultural producers, and firms can compete fully on
fair terms and enjoy the benefits of reciprocal trade
concessions; and
(B) address and remedy market distortions that lead to
dumping and subsidization, including overcapacity,
cartelization, and market-access barriers.
(10) continue to promote consideration of multilateral
environmental agreements and consult with parties to such
agreements regarding the consistency of any such agreement that
includes trade measures with existing environmental exceptions
under Article XX of the GATT 1994;
(11) report to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate,
not later than 12 months after the imposition of a penalty or
remedy by the United States permitted by a trade agreement to
which this Act applies, on the effectiveness of the penalty or
remedy applied under United States law in enforcing United
States rights under the trade agreement; and
(12) seek to establish consultative mechanisms among
parties to trade agreements to examine the trade consequences
of significant and unanticipated currency movements and to
scrutinize whether a foreign government engaged in a pattern of
manipulating its currency to promote a competitive advantage in
international trade.
The report required under paragraph (11) shall address whether the
penalty or remedy was effective in changing the behavior of the
targeted party and whether the penalty or remedy had any adverse impact
on parties or interests not party to the dispute.
(d) Consultations.--
(1) Consultations with congressional advisers.--In the
course of negotiations conducted under this Act, the United
States Trade Representative shall consult closely and on a
timely basis with, and keep fully apprised of the negotiations,
the Congressional Oversight Group convened under section 7 and
all committees of the House of Representatives and the Senate
with jurisdiction over laws that would be affected by a trade
agreement resulting from the negotiations.
(2) Consultation before agreement initialed.--In the course
of negotiations conducted under this Act, the United States
Trade Representative shall--
(A) consult closely and on a timely basis
(including immediately before initialing an agreement)
with, and keep fully apprised of the negotiations, the
congressional advisers for trade policy and
negotiations appointed under section 161 of the Trade
Act of 1974 (19 U.S.C. 2211), the Committee on Ways and Means of the
House of Representatives, the Committee on Finance of the Senate, and
the Congressional Oversight Group convened under section 7; and
(B) with regard to any negotiations and agreement
relating to agricultural trade, also consult closely
and on a timely basis (including immediately before
initialing an agreement) with, and keep fully apprised
of the negotiations, the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
(e) Adherence to Obligations Under Uruguay Round Agreements.--In
determining whether to enter into negotiations with a particular
country, the President shall take into account the extent to which that
country has implemented, or has accelerated the implementation of, its
obligations under the Uruguay Round Agreements.
SEC. 3. 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 Act 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 agricultural
product which was the subject of tariff reductions by
the United States as a result of the Uruguay Round
Agreements, for which the rate of duty, pursuant to
such Agreements, 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; or
(C) increases any rate of duty above the rate that
applied on the date of the enactment of this Act.
(3) Aggregate reduction; exemption from staging.--
(A) Aggregate reduction.--Except as provided in
subparagraph (B), the aggregate reduction in the rate
of duty on any article which is in effect on any day
pursuant to a trade agreement entered into under
paragraph (1) shall not exceed the aggregate reduction
which would have been in effect on such day if--
(i) a reduction of 3 percent ad valorem or
a reduction of one-tenth of the total
reduction, whichever is greater, had taken
effect on the effective date of the first
reduction proclaimed under paragraph (1) to
carry out such agreement with respect to such
article; and
(ii) a reduction equal to the amount
applicable under clause (i) had taken effect at
1-year intervals after the effective date of
such first reduction.
(B) Exemption from staging.--No staging is required
under subparagraph (A) with respect to a duty reduction
that is proclaimed under paragraph (1) for an article
of a kind that is not produced in the United States.
The United States International Trade Commission shall
advise the President of the identity of articles that
may be exempted from staging under this subparagraph.
(4) Rounding.--If the President determines that such action
will simplify the computation of reductions under paragraph
(3), the President may round an annual reduction by an amount
equal to the lesser of--
(A) the difference between the reduction without
regard to this paragraph and the next lower whole
number; or
(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 5 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) Determination by president.--Whenever the
President determines that--
(i) one or more existing duties or any
other import restriction of any foreign country
or the United States or any other barrier to,
or other distortion of, international trade
unduly burdens or restricts the foreign trade
of the United States or adversely affects the
United States economy; or
(ii) the imposition of any such barrier or
distortion is likely to result in such a
burden, restriction, or effect;
and that the purposes, policies, priorities, and
objectives of this Act will be promoted thereby, the
President may enter into a trade agreement described in
subparagraph (B) during the period described in
subparagraph (C).
(B) Agreement to reduce or eliminate certain
distortion.--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) Time period.--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 2(a) and
(b) and the President satisfies the conditions set forth in
section 4.
(3) Bills qualifying for trade authorities procedures.--
(A) Application of expedited procedures.--The
provisions of section 151 of the Trade Act of 1974 (in
this Act 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 Act be referred to as an ``implementing bill''.
(B) Provisions described.--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 5(b)--
(A) the trade authorities procedures apply to
implementing bills submitted with respect to trade
agreements entered into under subsection (b) before
July 1, 2005; and
(B) the trade authorities procedures shall be
extended to implementing bills submitted with respect
to trade agreements entered into under subsection (b)
after June 30, 2005, and before July 1, 2007, if (and
only if)--
(i) the President requests such extension
under paragraph (2); and
(ii) neither House of the Congress adopts
an extension disapproval resolution under
paragraph (5) before 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 Act, 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 Act; 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.
(5) Extension disapproval resolutions.--
(A) Definition.--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
3(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 3(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) Introduction.--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) Application of section 152 of the trade act of
1974.--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) Limitations.--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 2(b).
SEC. 4. CONSULTATIONS AND ASSESSMENT.
(a) Notice and Consultation Before Negotiation.--The President,
with respect to any agreement that is subject to the provisions of
section 3(b), shall--
(1) provide, at least 90 calendar days before initiating
negotiations, written notice to the Congress of the President's
intention to enter into the negotiations and set forth therein
the date the President intends to initiate such negotiations,
the specific United States objectives for the negotiations, and
whether the President intends to seek an agreement, or changes
to an existing agreement;
(2) before and after submission of the notice, consult
regarding the negotiations with the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives, such other committees of the House and Senate
as the President deems appropriate, and the Congressional
Oversight group convened under section 7; and
(3) upon the request of a majority of the members of the
Congressional Oversight Group under section 7(c), meet with the
Congressional Oversight Group before initiating the
negotiations or at any other time concerning the negotiations.
(b) Negotiations Regarding Agriculture and Fishing Industry.--
(1) In general.--Before initiating or continuing
negotiations the subject matter of which is directly related to
the subject matter under section 2(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) In general.--Before initiating negotiations
with regard to agriculture, and, with respect to the
Free Trade Area for the Americas and negotiations with
regard to agriculture under the auspices of the World
Trade Organization, as soon as practicable after the
enactment of this Act, the United States Trade
Representative shall--
(i) identify those agricultural products
subject to tariff-rate quotas on the date of
enactment of this Act, and agricultural
products subject to tariff reductions by the
United States as a result of the Uruguay Round
Agreements, for which the rate of duty was
reduced on January 1, 1995, to a rate which was
not less than 97.5 percent of the rate of duty
that applied to such article on December 31,
1994;
(ii) consult with the Committee on Ways and
Means and the Committee on Agriculture of the
House of Representatives and the Committee on
Finance and the Committee on Agriculture,
Nutrition, and Forestry of the Senate
concerning--
(I) whether any further tariff
reductions on the products identified
under clause (i) should be appropriate,
taking into account the impact of any
such tariff reduction on the United
States industry producing the product
concerned;
(II) whether the products so
identified face unjustified sanitary or
phytosanitary restrictions, including
those not based on scientific
principles in contravention of the
Uruguay Round Agreements; and
(III) whether the countries
participating in the negotiations
maintain export subsidies or other
programs, policies, or practices that
distort world trade in such products
and the impact of such programs,
policies, and practices on United
States producers of the products;
(iii) request that the International Trade
Commission prepare an assessment of the
probable economic effects of any such tariff
reduction on the United States industry
producing the product concerned and on the
United States economy as a whole; and
(iv) upon complying with clauses (i), (ii),
and (iii), notify the Committee on Ways and
Means and the Committee on Agriculture of the
House of Representatives and the Committee on
Finance and the Committee on Agriculture,
Nutrition, and Forestry of the Senate of those
products identified under clause (i) for which
the Trade Representative intends to seek tariff
liberalization in the negotiations and the
reasons for seeking such tariff liberalization.
(B) Identification of additional agricultural
products.--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 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 3(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 7.
(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 Act; and
(C) the implementation of the agreement under
section 5, 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 90 calendar days before the day on which the
President enters into a trade agreement, shall notify
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate in writing of any amendments to title VII of the
Tariff Act of 1930 or chapter 1 of title II of the
Trade Act of 1974 that the President proposes to
include in a bill implementing such trade agreement.
(B) Explanation.--On the date that the President
transmits the notification, the President also shall
transmit to the Committees a report explaining--
(i) the President's reasons for believing
that amendments to title VII of the Tariff Act
of 1930 or to chapter 1 of title II of the
Trade Act of 1974 are necessary to implement
the trade agreement; and
(ii) the President's reasons for believing
that such amendments are consistent with the
purposes, policies, and objectives described in
section 2(c)(9).
(C) Report to house.--Not later than 60 calendar
days after the date on which the President transmits
the notification described in subparagraph (A), the
Chairman and ranking member of the Ways and Means
Committee of the House of Representatives, based on
consultations with the members of that Committee, shall
issue to the House of Representatives a report stating
whether the proposed amendments described in the
President's notification are consistent with the
purposes, policies, and objectives described in section
2(c)(9). In the event that the Chairman and ranking
member disagree with respect to one or more
conclusions, the report shall contain the separate
views of the Chairman and ranking member.
(D) Report to senate.--Not later than 60 calendar
days after the date on which the President transmits
the notification described in subparagraph (A), the
Chairman and ranking member of the Finance Committee of
the Senate, based on consultations with the members of
that Committee, shall issue to the Senate a report
stating whether the proposed amendments described in
the President's report are consistent with the
purposes, policies, and objectives described in section
2(c)(9). In the event that the Chairman and ranking
member disagree with respect to one or more
conclusions, the report shall contain the separate
views of the Chairman and ranking member.
(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 3(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 3(a)(1) or 5(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 3(b), shall provide the International
Trade Commission (referred to in this subsection as ``the
Commission'') with the details of the agreement as it exists at
that time and request the Commission to prepare and submit an
assessment of the agreement as described in paragraph (2).
Between the time the President makes the request under this
paragraph and the time the Commission submits the assessment,
the President shall keep the Commission current with respect to
the details of the agreement.
(2) ITC assessment.--Not later than 90 calendar days after
the President enters into the agreement, the Commission shall
submit to the President and the Congress a report assessing the
likely impact of the agreement on the United States economy as
a whole and on specific industry sectors, including the impact
the agreement will have on the gross domestic product, exports
and imports, aggregate employment and employment opportunities,
the production, employment, and competitive position of
industries likely to be significantly affected by the
agreement, and the interests of United States consumers.
(3) Review of empirical literature.--In preparing the
assessment, the Commission shall review available economic
assessments regarding the agreement, including literature
regarding any substantially equivalent proposed agreement, and
shall provide in its assessment a description of the analyses
used and conclusions drawn in such literature, and a discussion
of areas of consensus and divergence between the various
analyses and conclusions, including those of the Commission
regarding the agreement.
SEC. 5. IMPLEMENTATION OF TRADE AGREEMENTS.
(a) In General.--
(1) Notification and submission.--Any agreement entered
into under section 3(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 an
agreement--
(i) 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; and
(ii) transmits to the Committee on Ways and
Means of the House of Representatives and the
Committee on Finance of the Senate the
notification and report described in section
4(d)(3) (A) and (B);
(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 3(b)(3);
(ii) a statement of any administrative
action proposed to implement the trade
agreement; and
(iii) the supporting information described
in paragraph (2); and
(D) the implementing bill is enacted into law.
(2) Supporting information.--The supporting information
required under paragraph (1)(C)(iii) consists of--
(A) an explanation as to how the implementing bill
and proposed administrative action will change or
affect existing law; and
(B) a statement--
(i) asserting that the agreement makes
progress in achieving the applicable purposes,
policies, priorities, and objectives of this
Act; 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 3(b)(3);
(V) how and to what extent the
agreement makes progress in achieving
the applicable purposes, policies, and
objectives referred to in section 2(c)
regarding the promotion of certain
priorities; and
(VI) in the event that the reports
described in section 4(b)(3) (C) and
(D) contain any findings that the
proposed amendments are inconsistent
with the purposes, policies, and
objectives described in section
2(c)(9), an explanation as to why the
President believes such findings to be
incorrect.
(3) Reciprocal benefits.--In order to ensure that a foreign
country that is not a party to a trade agreement entered into
under section 3(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 Congress enacts implementing legislation under
trade authorities procedures, and
(B) is not disclosed to Congress before legislation
implementing that agreement is introduced in either
House of Congress,
shall not be considered to be part of the agreement approved by
Congress and shall have no force and effect under United States
law or in any dispute settlement body.
(b) Limitations on Trade Authorities Procedures.--
(1) For lack of notice or consultations.--
(A) In general.--The trade authorities procedures
shall not apply to any implementing bill submitted with
respect to a trade agreement or trade agreements entered into under
section 3(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 4 or 5 with respect to the
negotiations, agreement, or agreements;
(II) guidelines under section 7(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 7(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
Act.
(C) Procedures for considering resolutions.--(i)
Procedural disapproval resolutions--
(I) in the House of Representatives--
(aa) may be introduced by any
Member of the House;
(bb) shall be referred to the
Committee on Ways and Means and, in
addition, to the Committee on Rules;
and
(cc) may not be amended by either
Committee; and
(II) in the Senate--
(aa) may be introduced by any
Member of the Senate.
(bb) shall be referred to the
Committee on Finance; and
(cc) may not be amended.
(ii) 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 considered under such
provisions of section 152 of the Trade Act of 1974 in
that House of Congress during that Congress.
(iii) 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.
(iv) It is not in order for the Senate to consider
any procedural disapproval resolution not reported by
the Committee on Finance.
(2) For failure to meet other requirements.--Prior to
December 31, 2002, the Secretary of Commerce shall transmit to
Congress a report setting forth the strategy of the United
States for correcting instances in which 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 1(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 and section 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.
SEC. 6. TREATMENT OF CERTAIN TRADE AGREEMENTS FOR WHICH NEGOTIATIONS
HAVE ALREADY BEGUN.
(a) Certain Agreements.--Notwithstanding the prenegotiation
notification and consultation requirement described in section 4(a), if
an agreement to which section 3(b) applies--
(1) is entered into under the auspices of the World Trade
Organization,
(2) is entered into with Chile,
(3) is entered into with Singapore, or
(4) establishes a Free Trade Area for the Americas,
and results from negotiations that were commenced before the date of
the enactment of this Act, subsection (b) shall apply.
(b) Treatment of Agreements.--In the case of any agreement to which
subsection (a) applies--
(1) the applicability of the trade authorities procedures
to implementing bills shall be determined without regard to the
requirements of section 4(a) (relating only to 90 days notice
prior to initiating negotiations), and any procedural
disapproval resolution under section 5(b)(1)(B) shall not be in
order on the basis of a failure or refusal to comply with the
provisions of section 4(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 4(a)(2) and the Congressional Oversight Group.
SEC. 7. 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 Act 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 Act would apply.
(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 official advisers to the United
States delegation in negotiations for any trade agreement to
which this Act 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 official advisers 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 established 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 2(c), and positions
and the status of the applicable negotiations,
beginning as soon as practicable after the
Congressional Oversight Group is convened, with more
frequent briefings as trade negotiations enter the
final stage;
(B) access by members of the Congressional
Oversight Group, and staff with proper security
clearances, to pertinent documents relating to the
negotiations, including classified materials;
(C) the closest practicable coordination between
the Trade Representative and the Congressional
Oversight Group at all critical periods during the
negotiations, including at negotiation sites;
(D) after the applicable trade agreement is
concluded, consultation regarding ongoing compliance
and enforcement of negotiated commitments under the
trade agreement; and
(E) the time frame for submitting the report
required under section 2(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.
SEC. 8. 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 5(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.
SEC. 9. COMMITTEE STAFF.
The grant of trade promotion authority under this Act is likely to
increase the activities of the primary committees of jurisdiction in
the area of international trade. In addition, the creation of the
Congressional Oversight Group under section 7 will increase the
participation of a broader number of Members of Congress in the
formulation of United States trade policy and oversight of the
international trade agenda for the United States. The primary
committees of jurisdiction should have adequate staff to accommodate
these increases in activities.
SEC. 10. CONFORMING AMENDMENTS.
(a) In General.--Title I of the Trade Act of 1974 (19 U.S.C. 2111
et seq.) is amended as follows:
(1) Implementing bill.--
(A) Section 151(b)(1) (19 U.S.C. 2191(b)(1)) is
amended by striking ``section 1103(a)(1) of the Omnibus
Trade and Competitiveness Act of 1988, or section 282
of the Uruguay Round Agreements Act'' and inserting
``section 282 of the Uruguay Round Agreements Act, or
section 5(a)(1) of the Bipartisan Trade Promotion
Authority Act of 2002''.
(B) Section 151(c)(1) (19 U.S.C. 2191(c)(1)) is
amended by striking ``or section 282 of the Uruguay
Round Agreements Act'' and inserting ``, section 282 of
the Uruguay Round Agreements Act, or section 5(a)(1) of
the Bipartisan Trade Promotion Authority Act of 2002''.
(2) Advice from international trade commission.--Section
131 (19 U.S.C. 2151) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``section
123 of this Act or section 1102 (a) or (c) of
the Omnibus Trade and Competitiveness Act of
1988,'' and inserting ``section 123 of this Act
or section 3(a) or (b) of the Bipartisan Trade
Promotion Authority Act of 2002,''; and
(ii) in paragraph (2), by striking
``section 1102 (b) or (c) of the Omnibus Trade
and Competitiveness Act of 1988'' and inserting
``section 3(b) of the Bipartisan Trade
Promotion Authority Act of 2002'';
(B) in subsection (b), by striking ``section
1102(a)(3)(A)'' and inserting ``section 3(a)(3)(A) of
the Bipartisan Trade Promotion Authority Act of 2002'';
and
(C) in subsection (c), by striking ``section 1102
of the Omnibus Trade and Competitiveness Act of 1988,''
and inserting ``section 3 of the Bipartisan Trade
Promotion Authority Act of 2002,''.
(3) Hearings and advice.--Sections 132, 133(a), and 134(a)
(19 U.S.C. 2152, 2153(a), and 2154(a)) are each amended by
striking ``section 1102 of the Omnibus Trade and
Competitiveness Act of 1988,'' each place it appears and
inserting ``section 3 of the Bipartisan Trade Promotion
Authority Act of 2002,''.
(4) Prerequisites for offers.--Section 134(b) (19 U.S.C.
2154(b)) is amended by striking ``section 1102 of the Omnibus
Trade and Competitiveness Act of 1988'' and inserting ``section
3 of the Bipartisan Trade Promotion Authority Act of 2002''.
(5) Advice from private and public sectors.--Section 135
(19 U.S.C. 2155) is amended--
(A) in subsection (a)(1)(A), by striking ``section
1102 of the Omnibus Trade and Competitiveness Act of
1988'' and inserting ``section 3 of the Bipartisan
Trade Promotion Authority Act of 2002'';
(B) in subsection (e)(1)--
(i) by striking ``section 1102 of the
Omnibus Trade and Competitiveness Act of 1988''
each place it appears and inserting ``section 3
of the Bipartisan Trade Promotion Authority Act
of 2002''; and
(ii) by striking ``not later than the date
on which the President notifies the Congress
under section 1103(a)(1)(A) of such Act of 1988
of his intention to enter into that agreement''
and inserting ``not later than the date that is
30 days after the date on which the President
notifies the Congress under section 5(a)(1)(A)
of the Bipartisan Trade Promotion Authority Act
of 2002 of the President's intention to enter
into that agreement''; and
(C) in subsection (e)(2), by striking ``section
1101 of the Omnibus Trade and Competitiveness Act of
1988'' and inserting ``section 2 of the Bipartisan
Trade Promotion Authority Act of 2002''.
(6) Transmission of agreements to congress.--Section 162(a)
(19 U.S.C. 2212(a)) is amended by striking ``or under section
1102 of the Omnibus Trade and Competitiveness Act of 1988'' and
inserting ``or under section 3 of the Bipartisan Trade
Promotion Authority Act of 2002''.
(b) Application of Certain Provisions.--For purposes of applying
sections 125, 126, and 127 of the Trade Act of 1974 (19 U.S.C. 2135,
2136(a), and 2137)--
(1) any trade agreement entered into under section 3 shall
be treated as an agreement entered into under section 101 or
102, as appropriate, of the Trade Act of 1974 (19 U.S.C. 2111
or 2112); and
(2) any proclamation or Executive order issued pursuant to
a trade agreement entered into under section 3 shall be treated
as a proclamation or Executive order issued pursuant to a trade
agreement entered into under section 102 of the Trade Act of
1974.
SEC. 11. REPORT ON IMPACT OF TRADE PROMOTION AUTHORITY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the International Trade Commission shall report to the
Committee on Finance of the Senate and the Committee on Ways and Means
of the House of Representatives regarding the economic impact on the
United States of the trade agreements described in subsection (b).
(b) Agreements.--The trade agreements described in this subsection
are:
(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.
SEC. 12. IDENTIFICATION OF SMALL BUSINESS ADVOCATE AT WTO.
(a) In General.--The United States Trade Representative shall
pursue the identification of a small business advocate at the World
Trade Organization Secretariat to examine the impact of WTO agreements
on the interests of small- and medium-sized enterprises, address the
concerns of small- and medium-sized enterprises, and recommend ways to
address those interests in trade negotiations involving the World Trade
Organization.
(b) Assistant Trade Representative.--The Assistant United States
Trade Representative for Industry and Telecommunications shall be
responsible for ensuring that the interests of small business are
considered in all trade negotiations in accordance with the objective
described in section 2(a)(8). It is the sense of Congress that the
small business functions should be reflected in the title of the
Assistant United States Trade Representative assigned the
responsibility for small business.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the United States Trade
Representative shall prepare and submit a report to the Committee on
Finance of the Senate and the Committee on Ways and Means of the House
of Representatives on the steps taken by the United States Trade
Representative to pursue the identification of a small business
advocate at the World Trade Organization.
SEC. 13. DEFINITIONS.
In this Act:
(1) Agreement on agriculture.--The term ``Agreement on
Agriculture'' means the agreement referred to in section
101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(2)).
(2) Core labor standards.--The term ``core labor
standards'' means--
(A) the right of association;
(B) the right to organize and bargain collectively;
(C) a prohibition on the use of any form of forced
or compulsory labor;
(D) a minimum age for the employment of children;
and
(E) acceptable conditions of work with respect to
minimum wages, hours of work, and occupational safety
and health.
(3) GATT 1994.--The term ``GATT 1994'' has the meaning
given that term in section 2 of the Uruguay Round Agreements
Act (19 U.S.C. 3501).
(4) ILO.--The term ``ILO'' means the International Labor
Organization.
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen;
(B) a partnership, corporation, or other legal
entity organized under the laws of the United States;
and
(C) a partnership, corporation, or other legal
entity that is organized under the laws of a foreign
country and is controlled by entities described in
subparagraph (B) or United States citizens, or both.
(6) Uruguay round agreements.--The term ``Uruguay Round
Agreements'' has the meaning given that term in section 2(7) of
the Uruguay Round Agreements Act (19 U.S.C. 3501(7)).
(7) World trade organization; wto.--The terms ``World Trade
Organization'' and ``WTO'' mean the organization established
pursuant to the WTO Agreement.
(8) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing the World Trade Organization entered
into on April 15, 1994.
Calendar No. 319
107th CONGRESS
2d Session
H. R. 3005
[Report No. 107-139]
_______________________________________________________________________
AN ACT
To extend trade authorities procedures with respect to reciprocal trade
agreements.
_______________________________________________________________________
February 28, 2002
Reported with an amendment