I

104TH CONGRESS

1ST SESSION H. R. 2371

To provide trade agreements authority to the President.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 21, 1995

Mr. ARCHER (for himself, Mr. CRANE, and Mr. DREIER) introduced the following bill; which was referred to the Committee on Ways and Means,

and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such

provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide trade agreements authority to the President.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Trade Agreements Au5 thority Act of 1995’’.

6 SEC. 2. TRADE NEGOTIATING OBJECTIVES.

7 (a) OVERALL TRADE NEGOTIATING OBJECTIVES.—

8 The overall trade negotiating objectives of the United

9 States for agreements subject to the provisions of section

10 3 are—
2

•HR 2371 IH

1 (1) to obtain more open, equitable, and recip2 rocal market access;

3 (2) to obtain the reduction or elimination of

4 barriers and other trade distorting policies and prac5 tices;

6 (3) to further strengthen the system of inter7 national trading disciplines and procedures;

8 (4) to foster economic growth and full employ9 ment in the United States and the global economy;

10 and

11 (5) to develop, strengthen, and clarify rules and

12 disciplines on restrictive or trade-distorting import

13 and export practices.

14 (b) PRINCIPAL TRADE NEGOTIATING OBJECTIVES.—

15 (1) SPECIFIC BARRIERS.—The principal nego16 tiating objectives of the United States regarding spe17 cific trade barriers and other trade distortions are to

18 expand competitive market opportunities for United

19 States exports and to obtain more open and fair con20 ditions of trade by reducing or eliminating specific

21 tariff and nontariff trade barriers.

22 (2) TRADE IN SERVICES.—The principal nego23 tiating objectives of the United States regarding

24 trade in services are—
3

•HR 2371 IH

1 (A) to reduce or eliminate barriers to

2 international trade in services, including regu3 latory and other barriers that deny national

4 treatment and restrict the establishment and

5 operations of service suppliers; and

6 (B) in the extended negotiations on finan7 cial services to be conducted under the auspices

8 of the World Trade Organization, to secure

9 commitments, in a wide range of commercially

10 important industrial and developing countries,

11 to reduce or eliminate barriers to the supply of

12 financial services, including barriers that deny

13 national treatment and restrictions on the es14 tablishment and operation of financial services

15 providers, as the condition for the United

16 States—

17 (i) offering commitments to provide

18 national treatment and market access in

19 each of the financial services subsectors;

20 and

21 (ii) making such commitments on a

22 most-favored-nation basis.

23 (3) FOREIGN DIRECT INVESTMENT.—The prin24 cipal negotiating objective of the United States re25 garding foreign direct investment is to reduce or
4

•HR 2371 IH

1 eliminate artificial or trade-distorting barriers to for2 eign direct investment by—

3 (A) reducing or eliminating exceptions to

4 the principle of national treatment;

5 (B) freeing the transfer of funds relating

6 to investments;

7 (C) reducing or eliminating performance

8 requirements;

9 (D) affirming international legal standards

10 for expropriation and compensation for expro11 priation; and

12 (E) providing meaningful procedures for

13 resolving investment disputes.

14 (4) INTELLECTUAL PROPERTY.—The principal

15 negotiating objectives of the United States regarding

16 intellectual property are—

17 (A) to further promote adequate and effec18 tive protection of intellectual property rights,

19 including through—

20 (i) accelerating the implementation

21 globally of the Agreement on Trade-Relat22 ed Aspects of Intellectual Property Rights

23 referred to in section 101(d)(15) of the

24 Uruguay Round Agreements Act, and
5

•HR 2371 IH

1 achieving improvements in the standards

2 of that Agreement;

3 (ii) providing strong protection for

4 new and emerging technologies and new

5 methods of transmitting and distributing

6 products embodying intellectual property;

7 (iii) preventing or eliminating dis8 crimination with respect to matters affect9 ing the availability, acquisition, scope,

10 maintenance, use, and enforcement of in11 tellectual property rights; and

12 (B) to secure fair, equitable, and non13 discriminatory market access opportunities for

14 United States persons that rely upon intellec15 tual property protection.

16 (5) TRANSPARENCY.—The principal negotiating

17 objective of the United States with respect to trans18 parency is to obtain broader application of the prin19 ciple of transparency through—

20 (A) increased public access to information

21 regarding trade issues;

22 (B) clarity in the costs and benefits of

23 trade policy actions; and
6

•HR 2371 IH

1 (C) the observance of open and equitable

2 procedures in trade policy matters by parties to

3 international trade agreements.

4 (c) ADHERENCE TO OBLIGATIONS UNDER URUGUAY

5 ROUND AGREEMENTS.—In determining whether to enter

6 into negotiations with a particular country, the President

7 shall take into account whether that country has imple8 mented its obligations under the Uruguay Round Agree9 ments (as defined in section 2 of the Uruguay Round

10 Agreements Act).

11 (d) DEFINITION.—As used in subsection (a)(4)(B),

12 the term ‘‘United States person’’ means—

13 (1) a United States citizen;

14 (2) a partnership, corporation, or other legal

15 entity organized under the laws of the United

16 States; and

17 (3) a partnership, corporation, or other legal

18 entity that is organized under the laws of a foreign

19 country and is controlled by entities described in

20 paragraph (2) or United States citizens, or both.

21 SEC. 3. TRADE AGREEMENTS AUTHORITY.

22 (a) AGREEMENTS REGARDING TARIFF BARRIERS.—

23 (1) IN GENERAL.—Whenever the President de24 termines that one or more existing duties or other

25 import restrictions of any foreign country or the
7

•HR 2371 IH

1 United States are unduly burdening and restricting

2 the foreign trade of the United States and that the

3 purposes, policies, and objectives of this Act will be

4 promoted thereby, the President—

5 (A) on or before December 15, 1999 (or

6 December 15, 2001, if trade authorities proce7 dures are extended under subsection (c)), may

8 enter into trade agreements with foreign coun9 tries; and

10 (B) may, subject to paragraphs (2) and

11 (3), proclaim—

12 (i) such modification or continuance

13 of any existing duty,

14 (ii) such continuance of existing duty15 free or excise treatment, or

16 (iii) such additional duties,

17 as the President determines to be required or

18 appropriate to carry out any such trade agree19 ment.

20 (2) LIMITATIONS.—No proclamation may be

21 made under paragraph (1) that—

22 (A) reduces any rate of duty (other than a

23 rate of duty that does not exceed 5 percent ad

24 valorem on the date of the enactment of this

25 Act) to a rate of duty which is less than 50 per-
8

•HR 2371 IH

1 cent of the rate of such duty that applies on

2 such date of enactment;

3 (B) reduces the rate of duty on an article

4 over a period greater than 10 years after the

5 first reduction that is proclaimed to carry out

6 a trade agreement with respect to such article;

7 or

8 (C) increases any rate of duty above the

9 rate that applies on the date of the enactment

10 of the Uruguay Round Agreements Act.

11 (3) AGGREGATE REDUCTION; EXEMPTION FROM

12 STAGING.—

13 (A) AGGREGATE REDUCTION.—Except as

14 provided in subparagraph (B), the aggregate re15 duction in the rate of duty on any article which

16 is in effect on any day pursuant to a trade

17 agreement entered into under paragraph (1)

18 shall not exceed the aggregate reduction which

19 would have been in effect on such day if a re20 duction of 3 percent ad valorem or a reduction

21 of one-tenth of the total reduction, whichever is

22 greater, had taken effect on the effective date

23 of the first reduction proclaimed under para24 graph (1) to carry out such agreement with re25 spect to such article.
9

•HR 2371 IH

1 (B) EXEMPTION FROM STAGING.—No

2 staging is required under subparagraph (A)

3 with respect to a duty reduction that is pro4 claimed under paragraph (1) for an article of a

5 kind that is not produced in the United States.

6 The United States International Trade Com7 mission shall advise the President of the iden8 tity of articles that may be exempted from stag9 ing under this paragraph.

10 (4) ROUNDING.— If the President determines

11 that such action will simplify the computation of re12 ductions under paragraph (3), the President may

13 round an annual reduction by an amount equal to

14 the lesser of—

15 (A) the difference between the reduction

16 without regard to this paragraph and the next

17 lower whole number; or

18 (B) one-half of 1 percent ad valorem.

19 (5) OTHER LIMITATIONS.—A rate of duty re20 duction or increase that may not be proclaimed by

21 reason of paragraph (2) may take effect only if a

22 provision authorizing such reduction or increase is

23 included within an implementing bill provided for

24 under section 5 and that bill is enacted into law.
10

•HR 2371 IH

1 (b) AGREEMENTS REGARDING TARIFF AND NON2 TARIFF BARRIERS.—

3 (1) IN GENERAL.—Whenever the President de4 termines that any duty or other import restriction

5 imposed by any foreign country or the United States

6 or any other barrier to, or other distortion of, inter7 national trade—

8 (A) unduly burdens or restricts the foreign

9 trade of the United States or adversely affects

10 the United States economy, or

11 (B) the imposition of any such barrier or

12 distortion is likely to result in such a burden,

13 restriction, or effect,

14 and that the purposes, policies, and objectives of this

15 Act will be promoted thereby, the President may,

16 during the period beginning on January 1, 1996,

17 and ending on December 15, 1999 (or December 15,

18 2001, if trade authorities procedures are extended

19 under subsection (c)), enter into a bilateral or multi20 lateral trade agreement with foreign countries pro21 viding for—

22 (i) the reduction or elimination of such

23 duty, restriction, barrier, or other distortion, or

24 (ii) the prohibition of, or limitation on the

25 imposition of, such barrier or other distortion.
11

•HR 2371 IH

1 (2) CONDITIONS.—A trade agreement may be

2 entered into under this subsection only if such

3 agreement makes progress in meeting the applicable

4 objectives described in section 2 and the President

5 satisfies the conditions set forth in section 4.

6 (3) BILLS RELATING ONLY TO NEGOTIATING

7 OBJECTIVES.—The provisions of section 151 of the

8 Trade Act of 1974 (in this Act referred to as ‘‘trade

9 authorities procedures’’) apply to implementing bills

10 consisting only of—

11 (A) provisions directly related to principal

12 trade negotiating objectives set forth in section

13 2(b) achieved in trade agreements entered into

14 under this subsection;

15 (B) if changes in existing laws or new stat16 utory authority is required to carry out such

17 trade agreements, provisions, necessary to carry

18 out such trade agreements, either repealing or

19 amending existing laws or providing new statu20 tory authority; and

21 (C) provisions necessary for purposes of

22 complying with section 252 of the Balanced

23 Budget and Emergency Deficit Control Act of

24 1985 in implementing such trade agreements.
12

•HR 2371 IH

1 (c) EXTENSION DISAPPROVAL PROCESS FOR CON2 GRESSIONAL TRADE AUTHORITIES PROCEDURES.—

3 (1) IN GENERAL.—Except as provided in sec4 tion 5(b)—

5 (A) the trade authorities procedures apply

6 to implementing bills submitted with respect to

7 trade agreements entered into under subsection

8 (b) on or before December 15, 1999; and

9 (B) the trade authorities procedures shall

10 be extended to implementing bills submitted

11 with respect to trade agreements entered into

12 under subsection (b) after December 15, 1999,

13 and before December 15, 2001, if (and only

14 if)—

15 (i) the President requests such exten16 sion under paragraph (2); and

17 (ii) neither House of the Congress

18 adopts an extension disapproval resolution

19 under paragraph (5) before December 15,

20 1999.

21 (2) REPORT TO CONGRESS BY THE PRESI22 DENT.—If the President is of the opinion that the

23 trade authorities procedures should be extended to

24 implementing bills described in paragraph (1)(B),

25 the President shall submit to the Congress, not later
13

•HR 2371 IH

1 than July 1, 1999, a written report that contains a

2 request for such extension, together with—

3 (A) a description of all trade agreements

4 that have been negotiated under subsection (b)

5 and the anticipated schedule for submitting

6 such agreements to the Congress for approval;

7 (B) a description of the progress that has

8 been made in multilateral and bilateral negotia9 tions to achieve the purposes, policies, and ob10 jectives of this Act, and a statement that such

11 progress justifies the continuation of negotia12 tions; and

13 (C) a statement of the reasons why the ex14 tension is needed to complete the negotiations.

15 (3) REPORT TO CONGRESS BY THE ADVISORY

16 COMMITTEE.—The President shall promptly inform

17 the Advisory Committee for Trade Policy and Nego18 tiations established under section 135 of the Trade

19 Act of 1974 (19 U.S.C. 2155) of the President’s de20 cision to submit a report to the Congress under

21 paragraph (2). The Advisory Committee shall submit

22 to the Congress as soon as practicable, but not later

23 than August 1, 1999, a written report that con24 tains—
14

•HR 2371 IH

1 (A) its views regarding the progress that

2 has been made in multilateral and bilateral ne3 gotiations to achieve the purposes, policies, and

4 objectives of this Act; and

5 (B) a statement of its views, and the rea6 sons therefor, regarding whether the extension

7 requested under paragraph (2) should be ap8 proved or disapproved.

9 (4) REPORTS MAY BE CLASSIFIED.—The re10 ports submitted to the Congress under paragraphs

11 (2) and (3), or any portion of the reports, may be

12 classified to the extent the President determines ap13 propriate.

14 (5) EXTENSION DISAPPROVAL RESOLUTIONS.—

15 (A) For purposes of this subsection, the term ‘‘ex16 tension disapproval resolution’’ means a resolution

17 of either House of the Congress, the sole matter

18 after the resolving clause of which is as follows:

19 ‘‘That the ll disapproves the request of the Presi20 dent for the extension, under section 3(c)(1)(B)(i) of

21 the Trade Agreements Authority Act of 1995, of the

22 provisions of section 151 of the Trade Act of 1974

23 to any implementing bill submitted with respect to

24 any trade agreement entered into under section 3(b)

25 of the Trade Agreements Authority Act of 1995
15

•HR 2371 IH

1 after December 15, 1999.’’, with the blank space

2 being filled with the name of the resolving House of

3 the Congress.

4 (B) Extension disapproval resolutions—

5 (i) may be introduced in either House of

6 the Congress by any member of such House;

7 and

8 (ii) shall be jointly referred, in the House

9 of Representatives, to the Committee on Ways

10 and Means and the Committee on Rules.

11 (C) The provisions of sections 152 (d) and (e)

12 of the Trade Act of 1974 (19 U.S.C. 2192 (d) and

13 (e)) (relating to the floor consideration of certain

14 resolutions in the House and Senate) apply to exten15 sion disapproval resolutions.

16 (D) It is not in order for—

17 (i) the Senate to consider any extension

18 disapproval resolution not reported by the Com19 mittee on Finance;

20 (ii) the House of Representatives to con21 sider any extension disapproval resolution not

22 reported by the Committee on Ways and Means

23 and the Committee on Rules; or
16

•HR 2371 IH

1 (iii) either House of the Congress to con2 sider an extension disapproval resolution after

3 December 14, 1999.

4 SEC. 4. CONSULTATIONS.

5 (a) NOTICE AND CONSULTATION BEFORE NEGOTIA6 TION.—The President, at least 90 calendar days before

7 initiating negotiations on any agreement that is subject

8 to the provisions of 3(b), shall—

9 (1) provide written notice to the Congress of

10 the President’s intent to enter into the negotiations

11 and set forth therein the date the President intends

12 to initiate such negotiations, the specific United

13 States objectives for the negotiations, and whether

14 the President intends to seek multilateral and bilat15 eral agreement, or changes to an existing agreement;

16 and

17 (2) before and after submission of the notice,

18 consult regarding the negotiations with the Commit19 tee on Finance of the Senate and the Committee on

20 Ways and Means of the House of Representatives

21 and such other committees of the House and Senate

22 as the President deems appropriate.

23 (b) CONSULTATION WITH CONGRESS BEFORE

24 AGREEMENTS ENTERED INTO.—
17

•HR 2371 IH

1 (1) CONSULTATION.—Before entering into any

2 trade agreement under section 3(b), the President

3 shall consult with—

4 (A) the Committee on Ways and Means of

5 the House of Representatives and the Commit6 tee on Finance of the Senate; and

7 (B) each other committee of the House

8 and the Senate, and each joint committee of the

9 Congress, which has jurisdiction over legislation

10 involving subject matters which would be af11 fected by the trade agreement.

12 (2) SCOPE.—The consultation described in

13 paragraph (1) shall include consultation with respect

14 to—

15 (A) the nature of the agreement;

16 (B) how and to what extent the agreement

17 will achieve the applicable purposes, policies,

18 and objectives of this Act; and

19 (C) all matters relating to the implementa20 tion of the agreement under section 5, including

21 whether the agreement includes subject matter

22 for which supplemental implementing legislation

23 may be required which is not subject to trade

24 authorities procedures.
18

•HR 2371 IH

1 (c) ADVISORY COMMITTEE REPORTS.—The report

2 required under section 135(e)(1) of the Trade Act of 1974

3 regarding any trade agreement entered into under section

4 3 (a) or (b) of this Act shall be provided to the President,

5 the Congress, and the United States Trade Representative

6 not later than 30 days after the date on which the Presi7 dent notifies the Congress under section 5(a)(1)(A) of the

8 President’s intention to enter into the agreement.

9 SEC. 5. IMPLEMENTATION OF TRADE AGREEMENTS.

10 (a) IN GENERAL.—

11 (1) NOTIFICATION AND SUBMISSION.—Any

12 agreement entered into under section 3(b) shall

13 enter into force with respect to the United States if

14 (and only if)—

15 (A) the President, at least 90 calendar

16 days before the day on which the President en17 ters into the trade agreement, notifies the

18 House of Representatives and the Senate of the

19 President’s intention to enter into the agree20 ment, and promptly thereafter publishes notice

21 of such intention in the Federal Register;

22 (B) within 60 days after entering into the

23 agreement, submits to the Congress a descrip24 tion of those changes to existing laws that are
19

•HR 2371 IH

1 required in order that the United States not be

2 in violation of the agreement;

3 (C) after entering into the agreement, the

4 President submits a copy of the final legal text

5 of the agreement, together with—

6 (i) a draft of an implementing bill de7 scribed in section 3(b)(3);

8 (ii) a statement of any administrative

9 action proposed to implement the trade

10 agreement; and

11 (iii) the supporting information de12 scribed in paragraph (3); and

13 (D) the implementing bill is enacted into

14 law.

15 (2) SUPPORTING INFORMATION.—The support16 ing information required under paragraph (1)(C)(iii)

17 consists of—

18 (A) an explanation as to how the imple19 menting bill and proposed administrative action

20 will change or affect existing law; and

21 (B) a statement—

22 (i) asserting that the agreement

23 makes progress in achieving the applicable

24 purposes, policies, and objectives of this

25 Act; and
20

•HR 2371 IH

1 (ii) setting forth the reasons of the

2 President regarding—

3 (I) how and to what extent the

4 agreement makes progress in achiev5 ing the applicable purposes, policies,

6 and objectives referred to in clause (i),

7 and why and to what extent the

8 agreement does not achieve other ap9 plicable purposes, policies, and objec10 tives;

11 (II) whether and how the agree12 ment changes provisions of an agree13 ment previously negotiated;

14 (III) how the agreement serves

15 the interests of United States com16 merce; and

17 (IV) why the implementing bill

18 and proposed administrative action is

19 required to carry out the agreement.

20 (b) LIMITATIONS ON TRADE AUTHORITIES PROCE21 DURES.—

22 (1) FOR LACK OF CONSULTATIONS.—(A) The

23 trade authorities procedures shall not apply to any

24 implementing bill submitted with respect to a trade

25 agreement entered into under section 3(b) if both
21

•HR 2371 IH

1 Houses of Congress separately agree to a procedural

2 disapproval resolution within any 60-day period.

3 (B) For purposes of this paragraph, the term

4 ‘‘procedural disapproval resolution’’ means a resolu5 tion of either House of the Congress, the sole matter

6 after the resolving clause of which is as follows:

7 ‘‘That the President has failed or refused to consult

8 with the Congress on trade negotiations and trade

9 agreements in accordance with section 4(b) of the

10 Trade Agreements Authority Act of 1995 and, there11 fore, the provisions of section 151 of the Trade Act

12 of 1974 shall not apply to any implementing bill

13 submitted with respect to any trade agreement en14 tered into under section 3(b) of the Trade Agree15 ments Authority Act of 1995, if, during the 60-day

16 period beginning on the date on which this resolu17 tion is agreed to by the lllll, the

18 lllll agrees to a procedural disapproval reso19 lution (within the meaning of section 5(b)(2)(B) of

20 that Act).’’, with the first blank space being filled

21 with the name of the resolving House of the Con22 gress and the second blank space being filled with

23 the name of the other House of the Congress.

24 (2) PROCEDURES FOR CONSIDERING RESOLU25 TIONS.—(A) Procedural disapproval resolutions—
22

•HR 2371 IH

1 (i) in the House of Representatives—

2 (I) shall be introduced by the chair3 man or ranking minority member of the

4 Committee on Ways and Means or the

5 chairman or ranking minority member of

6 the Committee on Rules;

7 (II) shall be jointly referred to the

8 Committee on Ways and Means and the

9 Committee on Rules; and

10 (III) may not be amended by either

11 Committee; and

12 (ii) in the Senate shall be original resolu13 tions of the Committee on Finance.

14 (B) The provisions of section 152(d) and (e) of

15 the Trade Act of 1974 (19 U.S.C. 2192(d) and (e))

16 (relating to the floor consideration of certain resolu17 tions in the House and Senate) apply to procedural

18 disapproval resolutions.

19 (C) It is not in order for the House of Rep20 resentatives to consider any procedural disapproval

21 resolution not reported by the Committee on Ways

22 and Means and the Committee on Rules.

23 (c) RULES OF HOUSE OF REPRESENTATIVES AND

24 SENATE.—Subsection (b) of this section and section 3(c)

25 are enacted by the Congress—
23

•HR 2371 IH

1 (1) as an exercise of the rulemaking power of

2 the House of Representatives and the Senate, re3 spectively, and as such is deemed a part of the rules

4 of each House, respectively, and such procedures su5 persede other rules only to the extent that they are

6 inconsistent with such other rules; and

7 (2) with the full recognition of the constitu8 tional right of either House to change the rules (so

9 far as relating to the procedures of that House) at

10 any time, in the same manner, and to the same ex11 tent as any other rule of that House.

12 SEC. 6. TREATMENT OF CERTAIN TRADE AGREEMENTS.

13 (a) EXTENDED NEGOTIATIONS IN THE URUGUAY

14 ROUND.—Notwithstanding section 3(b)(2) and section

15 5(b), the provisions of section 4(a) shall not apply to an

16 agreement which results from negotiations that were com17 menced before the date of the enactment of this Act, if

18 the agreement is directly related to the principal negotiat19 ing objectives set forth in section 135 of the Uruguay

20 Round Implementation Act (19 U.S.C. 3555).

21 (b) AGREEMENT WITH CHILE.—If an agreement to

22 which section 3(b) applies which provides for the accession

23 of Chile to the North American Free Trade Agreement

24 is entered into with Chile after the date of the enactment
24

•HR 2371 IH

1 of this Act and results from negotiations that were com2 menced before such date of enactment—

3 (1) the applicability of the trade authorities

4 procedures to such agreement shall be determined

5 without regard to the requirements of section 4(a);

6 and

7 (2) if such agreement is entered into before

8 March 15, 1996, section 5(a)(1)(A) shall be applied

9 by substituting ‘‘30’’ for ‘‘90’’.

10 SEC. 7. CONFORMING AMENDMENTS.

11 (a) IN GENERAL.—Title I of the Trade Act of 1974

12 (19 U.S.C. 2111 and following) is amended as follows:

13 (1) Section 151(b)(1) (19 U.S.C. 2191(b)(1)) is

14 amended by striking ‘‘or section 282 of the Uruguay

15 Round Agreements Act’’ and inserting ‘‘, section

16 282 of the Uruguay Round Agreements Act, or sec17 tion 5 of the Trade Agreements Authority Act of

18 1995’’.

19 (2) Section 131 (19 U.S.C. 2151) is amended—

20 (A) in subsection (a)—

21 (i) in paragraph (1), by striking ‘‘sec22 tion 123 of this Act or section 1102 (a) or

23 (c) of the Omnibus Trade and Competitive24 ness Act of 1988,’’ and inserting ‘‘section

25 123 of this Act, section 1102 (a) or (c) of
25

•HR 2371 IH

1 the Omnibus Trade and Competitiveness

2 Act of 1988, or section 3 (a) or (b) of the

3 Trade Agreements Authority Act of

4 1995,’’; and

5 (ii) in paragraph (2), by inserting ‘‘or

6 section 3 (a) or (b) of the Trade Agree7 ments Authority Act of 1995’’ after

8 ‘‘1988’’;

9 (B) in subsection (b), by inserting ‘‘of the

10 Omnibus Trade and Competitiveness Act of

11 1988 or section 3(a)(3)(A) of the Trade Agree12 ments Authority Act of 1995’’ before the end

13 period; and

14 (C) in subsection (c), by striking ‘‘of this

15 Act or section 1102 of the Omnibus Trade and

16 Competitiveness Act of 1988,’’ and inserting

17 ‘‘of this Act, section 1102 of the Omnibus

18 Trade and Competitiveness Act of 1988, or sec19 tion 3 of the Trade Agreements Authority Act

20 of 1995’’.

21 (3) Sections 132, 133(a), and 134(a) (19

22 U.S.C. 2152, 2153(a), and 2154(a)) are each

23 amended by striking ‘‘or section 1102 of the Omni24 bus Trade and Competitiveness Act of 1988,’’ each

25 place it appears and inserting ‘‘, section 1102 of the
26

•HR 2371 IH

1 Omnibus Trade and Competitiveness Act of 1988, or

2 section 3 of the Trade Agreements Authority Act of

3 1995,’’.

4 (4) Section 134(b) (19 U.S.C. 2154(b)) is

5 amended by inserting ‘‘or section 3 of the Trade

6 Agreements Authority Act of 1995’’ after ‘‘1988’’.

7 (5) Section 135(a)(1)(A) (19 U.S.C.

8 2155(a)(1)(A)) is amended by inserting ‘‘or section

9 3 of the Trade Agreements Authority Act of 1995’’

10 after ‘‘1988’’.

11 (6) Section 135(e) (19 U.S.C. 2155(e)) is

12 amended—

13 (A) in paragraph (1), by inserting ‘‘or sec14 tion 3 of the Trade Agreements Authority Act

15 of 1995’’ after ‘‘1988’’ the first two places it

16 appears, and by inserting ‘‘or section 5(a)(1)(A)

17 of the Trade Agreements Authority Act of

18 1995’’ after ‘‘1988’’ the third place it appears;

19 and

20 (B) in paragraph (2), by inserting ‘‘or sec21 tion 2 of the Trade Agreements Authority Act

22 of 1995’’ after ‘‘1988’’.

23 (b) APPLICATION OF SECTIONS 125, 126, AND 127

24 OF THE TRADE ACT OF 1974.—For purposes of applying
27

•HR 2371 IH

1 sections 125, 126, and 127 of the Trade Act of 1974 (19

2 U.S.C. 2135, 2136(a), and 2137)—

3 (1) any trade agreement entered into under sec4 tion 3 shall be treated as an agreement entered into

5 under section 101 or 102, as appropriate, of the

6 Trade Act of 1974 (19 U.S.C. 2111 or 2112); and

7 (2) any proclamation or Executive order issued

8 pursuant to a trade agreement entered into under

9 section 3 shall be treated as a proclamation or Exec10 utive order issued pursuant to a trade agreement en11 tered into under section 102 of the Trade Act of

12 1974.

Æ

HR 2371 IH——2