II

104TH CONGRESS

1ST SESSION S. 577

To establish the negotiating objectives and fast track procedures for future

trade agreements.

IN THE SENATE OF THE UNITED STATES

MARCH 17 (legislative day, MARCH 16), 1995

Mr. LUGAR introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To establish the negotiating objectives and fast track

procedures for future trade agreements.

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 Agreement Im5 plementation Reform Act’’.

6 SEC. 2. TRADE NEGOTIATING OBJECTIVES.

7 The overall trade negotiating objectives of the United

8 States for agreements subject to the provisions of section

9 3 are—
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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, and

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

10 SEC. 3. TRADE AGREEMENT NEGOTIATING AUTHORITY.

11 (a) AGREEMENTS REGARDING TARIFF BARRIERS.—

12 (1) IN GENERAL.—Whenever the President de13 termines that one or more existing duties or other

14 import restrictions of any foreign country or the

15 United States are unduly burdening and restricting

16 the foreign trade of the United States and that the

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

18 promoted thereby, the President—

19 (A) on or before June 1, 2001, may enter

20 into trade agreements with foreign countries,

21 and

22 (B) may, subject to paragraphs (2)

23 through (5), proclaim—

24 (i) such modification or continuance

25 of any existing duty,
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1 (ii) such continuance of existing duty2 free or excise treatment, or

3 (iii) such additional duties,

4 as the President determines to be required or appro5 priate to carry out any such trade agreement.

6 (2) LIMITATIONS.—

7 (A) IN GENERAL.—No proclamation may

8 be made under paragraph (1)(B) that—

9 (i) reduces any rate of duty (other

10 than a rate of duty that does not exceed 5

11 percent ad valorem on the date of the en12 actment of this Act) to a rate of duty

13 which is less than 50 percent of the rate

14 of such duty that applies on such date of

15 enactment,

16 (ii) reduces the rate of duty on an ar17 ticle over a period greater than 10 years

18 after the first reduction that is proclaimed

19 to carry out a trade agreement with re20 spect to such article, or

21 (iii) increases any rate of duty above

22 the rate that applied on the date of the en23 actment of this Act.

24 (B) LIMITATION ON AGGREGATE REDUC25 TION.—The aggregate reduction in the rate of
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1 duty on any article which is in effect on any

2 day pursuant to a trade agreement entered into

3 under paragraph (1) shall not exceed the aggre4 gate reduction which would have been in effect

5 on such day if a reduction of 3 percent ad valo6 rem or a reduction of 10 percent of the total re7 duction, whichever is greater, had taken effect

8 on the effective date of the first reduction pro9 claimed pursuant to paragraph (1).

10 (3) EXEMPTION FROM STAGING.—No staging is

11 required under paragraph (2)(B) with respect to a

12 duty reduction that is proclaimed under paragraph

13 (1) for an article of a kind that is not produced in

14 the United States. The United States International

15 Trade Commission shall advise the President of the

16 identity of articles that may be exempted from stag17 ing under this paragraph.

18 (4) ROUNDING.—If the President determines

19 that such action will simplify the computation of re20 ductions under paragraph (2) (A) or (B), the Presi21 dent may round an annual reduction by an amount

22 equal to the lesser of—

23 (A) the difference between the reduction

24 without regard to this paragraph and the next

25 lower whole number, or
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1 (B) one-half of 1 percent ad valorem.

2 (5) ADDITIONAL LIMITATION.—A rate of duty

3 reduction or increase that may not be proclaimed by

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

5 provision authorizing such reduction or increase is

6 included within an implementing bill provided for

7 under section 4 of this Act and that bill is enacted

8 into law.

9 (b) AGREEMENTS REGARDING TARIFF AND NON10 TARIFF BARRIERS.—

11 (1) IN GENERAL.—Whenever the President de12 termines that any duty or other import restriction

13 imposed by any foreign country or the United States

14 or any other barrier to, or other distortion of, inter15 national trade—

16 (A) unduly burdens or restricts the foreign

17 trade of the United States or adversely affects

18 the United States economy,

19 (B) the imposition of any such barrier or

20 distortion is likely to result in such a burden,

21 restriction, or effect, or

22 (C) the reduction or elimination of such

23 barrier or distortion is likely to result in eco24 nomic growth or expanded trade opportunities

25 for the United States,
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1 and that the purposes, policies, and objectives of this

2 Act will be promoted thereby, the President may, on

3 or before June 1, 2001, enter into a regional, bilat4 eral, or multilateral trade agreement described in

5 paragraph (2).

6 (2) DESCRIPTION OF TRADE AGREEMENT.—A

7 trade agreement is described in this paragraph if it

8 is a regional, bilateral, or multilateral trade agree9 ment entered into by the President with a foreign

10 country providing for—

11 (A) the reduction or elimination of such

12 duty, restriction, barrier, or other distortion, or

13 (B) the prohibition of, or limitation on the

14 imposition of, such barrier or other distortion.

15 (3) CONDITIONS.—A trade agreement may be

16 entered into under this subsection only if such

17 agreement makes substantial progress in meeting

18 the applicable negotiating objectives described in sec19 tion 2 and the President satisfies the conditions set

20 forth in subsections (c) and (d).

21 (4) COMPLIANCE WITH URUGUAY ROUND

22 AGREEMENTS AND OTHER OBLIGATIONS.—In deter23 mining whether to enter into negotiations with a

24 particular country under this subsection, the Presi25 dent shall take into account whether that country
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1 has implemented its obligations under the Uruguay

2 Round Agreements and any other trade agreement

3 with respect to which the United States and such

4 other country are parties.

5 (5) LIMITATION.—Notwithstanding any other

6 provision of law, no trade benefit shall be extended

7 to any country solely by reason of the extension of

8 any trade benefit to another country under a trade

9 agreement entered into under paragraph (1) with

10 such other country.

11 (c) NOTICE AND CONSULTATION BEFORE NEGOTIA12 TION.—

13 (1) GENERAL RULE.—The President, at least

14 60 calendar days before initiating negotiations on

15 any agreement that is subject to the provisions of

16 subsection (b), shall—

17 (A) provide written notice to the Congress

18 of the President’s intent to enter into the nego19 tiations and set forth therein the date the

20 President intends to initiate such negotiations

21 and the specific United States objectives for the

22 negotiations,

23 (B) before submitting the notice, seek the

24 advice of and consult with the relevant private

25 sector advisory committees established under
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1 section 135 of the Trade Act of 1974 (19

2 U.S.C. 2155), regarding the negotiations and

3 the negotiating objectives the President pro4 poses to establish for the negotiations, and

5 (C) before and after submission of the no6 tice, consult with the Congress regarding the

7 negotiations and the negotiating objectives.

8 (2) EXCEPTION.—Notwithstanding subsection

9 (b)(3) and section 4(c), the provisions of this sub10 section shall not apply to an agreement which re11 sults from negotiations that were commenced before

12 the date of the enactment of this Act and the provi13 sions of this Act regarding implementation shall

14 apply to such agreement, if with respect to such

15 agreement, the President provides notice, seeks ad16 vice, and consults in accordance with subparagraphs

17 (A), (B), and (C) of paragraph (1) as soon as prac18 ticable after the date of the enactment of this Act.

19 (d) CONSULTATION WITH CONGRESS BEFORE

20 AGREEMENTS ENTERED INTO.—

21 (1) CONSULTATION.—Before entering into any

22 trade agreement under subsection (b), the President

23 shall consult with—
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1 (A) the Committee on Ways and Means of

2 the House of Representatives and the Commit3 tee on Finance of the Senate, and

4 (B) each other committee of the House

5 and the Senate, and each joint committee of the

6 Congress, which has jurisdiction over legislation

7 involving subject matters which would be af8 fected by the trade agreement.

9 (2) SCOPE.—The consultation described in

10 paragraph (1) shall include consultation with respect

11 to—

12 (A) the nature of the agreement,

13 (B) how and to what extent the agreement

14 will achieve the applicable negotiating objec15 tives, and

16 (C) all matters relating to the implementa17 tion of the agreement under section 4.

18 SEC. 4. IMPLEMENTATION OF TRADE AGREEMENTS.

19 (a) IN GENERAL.—

20 (1) NOTIFICATION AND SUBMISSION.—Any

21 agreement entered into under section 3(b) shall

22 enter into force with respect to the United States if

23 (and only if)—

24 (A) the President, at least 120 calendar

25 days before the day on which the President en-
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1 ters into the trade agreement, notifies the

2 House of Representatives and the Senate of the

3 President’s intention to enter into the agree4 ment, and promptly thereafter publishes notice

5 of such intention in the Federal Register;

6 (B) after entering into the agreement, the

7 President submits a copy of the final legal text

8 of the agreement, together with—

9 (i) a draft of an implementing bill,

10 (ii) a statement of any administrative

11 action proposed to implement the trade

12 agreement, and

13 (iii) the supporting information de14 scribed in paragraph (3); and

15 (C) the implementing bill is enacted into

16 law.

17 (2) RESTRICTIONS ON IMPLEMENTING BILL.—

18 (A) IN GENERAL.—An implementing bill

19 referred to in paragraph (1) shall contain only

20 necessary provisions.

21 (B) NECESSARY PROVISION.—For pur22 poses of this Act, the term ‘‘necessary provi23 sion’’ means a provision in an implementing bill

24 that—
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1 (i)(I) makes progress in meeting the

2 negotiating objectives contained in section

3 2 for the trade agreement with respect to

4 which the implementing bill is submitted,

5 and

6 (II) is an integral part of a provision

7 or title of an implementing bill or sets

8 forth a procedure to carry out substantive

9 provisions of the trade agreement with re10 spect to which the implementing bill is

11 submitted, or

12 (ii) is a revenue provision.

13 (3) SUPPORTING INFORMATION.—The support14 ing information required under paragraph (1)(B)(iii)

15 consists of—

16 (A) an explanation as to how the imple17 menting bill and proposed administrative action

18 will change or affect existing law; and

19 (B) a statement—

20 (i) asserting that the agreement

21 makes progress in achieving the applicable

22 negotiating objectives, and

23 (ii) setting forth the reasons of the

24 President regarding, among other things—
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1 (I) how and to what extent the

2 agreement makes progress in achiev3 ing the applicable negotiating objec4 tives referred to in clause (i), and why

5 and to what extent the agreement

6 does not achieve other applicable ne7 gotiating objectives,

8 (II) how the agreement serves

9 the interests of United States com10 merce,

11 (III) why the implementing bill

12 and proposed administrative action is

13 required or appropriate to carry out

14 the agreement,

15 (IV) how the provisions of the

16 implementing bill are substantially re17 lated to the negotiating objectives set

18 forth in this Act, and

19 (V) how any revenue provision in

20 the implementing bill is necessary to

21 comply with the Balanced Budget and

22 Emergency Deficit Control Act of

23 1985.

24 (4) OTHER CONSIDERATIONS.—To ensure that

25 a foreign country that receives benefits under a
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1 trade agreement entered into under section 3(b) is

2 subject to the obligations imposed by such agree3 ment, the President shall recommend to Congress in

4 the implementing bill and statement of administra5 tive action submitted with respect to such agreement

6 that the benefits and obligations of such agreement

7 apply solely to the parties to such agreement, if such

8 application is consistent with the terms of such

9 agreement. The President may also recommend with

10 respect to any such agreement that the benefits and

11 obligations of such agreement not apply uniformly to

12 all parties to such agreement, if such application is

13 consistent with the terms of such agreement.

14 (b) APPLICATION OF CONGRESSIONAL ‘‘FAST

15 TRACK’’ PROCEDURES TO IMPLEMENTING BILLS.—

16 (1) IN GENERAL.—Except as otherwise pro17 vided in this subsection and subsection (c), the pro18 visions of section 151 of the Trade Act of 1974 (19

19 U.S.C. 2191) (hereafter in this Act referred to as

20 ‘‘fast track procedures’’) apply to implementing bills

21 submitted with respect to trade agreements entered

22 into under section 3(b) on or before June 1, 2001

23 (or if extended under section 5, June 1, 2003).

24 (2) CERTAIN POINTS OF ORDER AND AMEND25 MENTS IN ORDER.—
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1 (A) IN GENERAL.—

2 (i) POINTS OF ORDER.—A point of

3 order may be made by any Senator against

4 a provision in an implementing bill that is

5 not a necessary provision (as defined in

6 subsection (a)(2)(B)). If such point of

7 order is sustained by a majority of the

8 Members of the Senate duly chosen and

9 sworn, the provision shall be stricken.

10 (ii) AMENDMENTS IN ORDER.—The

11 provisions of section 151(d) of such Act

12 shall not apply to a provision in an imple13 menting bill that is a revenue provision

14 and an amendment to a revenue provision

15 shall be in order if the amendment meets

16 the requirements of paragraph (4).

17 (B) TIME LIMIT.—Sections 151(f)(2) and

18 151(g)(2) of such Act shall be applied by sub19 stituting ‘‘25 hours’’ for ‘‘20 hours’’ each place

20 such term appears and such time limits shall

21 include all amendments to and points of order

22 made with respect to an implementing bill.

23 (C) RULES FOR THE SENATE.—Debate in

24 the Senate on any amendment to or point of

25 order made with respect to an implementing bill
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1 under this paragraph shall be limited to not

2 more than 1 hour, to be equally divided be3 tween, and controlled by the mover and the

4 manager of the implementing bill, except that

5 in the event the manager of the implementing

6 bill is in favor of any such amendment, the time

7 in opposition thereto shall be controlled by the

8 minority leader or the minority leader’s des9 ignee. The majority and minority leader may

10 from the time under their control on the pas11 sage of an implementing bill, allot additional

12 time to any Senator during the consideration of

13 any amendment. A motion in the Senate to fur14 ther limit debate on an amendment to any im15 plementing bill is not debatable.

16 (3) REVENUE PROVISION.—For purposes of

17 this Act, the term ‘‘revenue provision’’ means a pro18 vision in an implementing bill that—

19 (A) is not an integral part of a provision

20 of, or does not set forth a procedure to carry

21 out a substantive provision of, the trade agree22 ment with respect to which the implementing

23 bill is submitted,

24 (B) is not inconsistent with the obligations

25 of the United States under the trade agreement
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1 with respect to which the implementing bill is

2 submitted, and

3 (C) either decreases specific budget outlays

4 for the fiscal years covered by the implementing

5 bill or increases revenues for such fiscal years

6 in order to comply with the Balanced Budget

7 and Emergency Deficit Control Act of 1985.

8 (4) REQUIREMENTS FOR AMENDMENT.—It

9 shall not be in order in the House of Representatives

10 or the Senate to consider any amendment to a reve11 nue provision in an implementing bill that would

12 have the effect of increasing any specific budget out13 lays above the level of such outlays provided in the

14 implementing bill for the fiscal years covered by the

15 implementing bill or would have the effect of reduc16 ing any specific revenues below the level of such rev17 enues provided in the implementing bill for such fis18 cal years, unless such amendment makes at least an

19 equivalent reduction in other specific budget outlays,

20 an equivalent increase in other specific Federal reve21 nues, or an equivalent combination thereof for such

22 fiscal years. For purposes of this paragraph, the lev23 els of budget outlays and Federal revenues for a fis24 cal year shall be determined on the basis of esti25 mates made by the Committee on the Budget of the
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1 Senate or of the House of Representatives, as the

2 case may be.

3 (5) DIFFERENCE BETWEEN THE 2 HOUSES.—If

4 the text of implementing bills described in subsection

5 (b)(1) concerning any matter is not identical—

6 (A) the Senate shall vote passage on the

7 implementing bill introduced in the Senate, and

8 (B) the text of the implementing bill

9 passed by the Senate shall, immediately upon

10 its passage (or, if later, upon receipt of the im11 plementing bill passed by the House), be sub12 stituted for the text of the implementing bill

13 passed by the House of Representatives, and

14 such implementing bill, as amended shall be re15 turned with a request for a conference between

16 the 2 Houses.

17 (6) AMENDMENT BETWEEN HOUSES.—Except

18 as provided in paragraph (7)—

19 (A) overall debate on all motions necessary

20 to resolve amendments between the Houses on

21 an implementing bill under this subsection shall

22 be limited to 2 hours at any stage of the pro23 ceedings; and

24 (B) debate on any motion, appeal, or point

25 of order under this subsection which is submit-
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1 ted shall be limited to 30 minutes, and such

2 time shall be equally divided and controlled by,

3 the majority leader and the minority leader or

4 their designees.

5 (7) PROCEDURES RELATING TO CONFERENCE

6 REPORTS IN THE SENATE.—

7 (A) APPOINTMENT OF CONFEREES.—A re8 quest for a conference shall be accepted and

9 conferees shall be appointed—

10 (i) in the case of the Senate, by the

11 President pro tempore, and

12 (ii) in the case of the House of Rep13 resentatives, by the Speaker of the House,

14 not later than 3 calendar days after such re15 quest is made.

16 (B) GENERAL RULES FOR CONSIDERATION

17 OF CONFERENCE REPORT.—Consideration in

18 the Senate of the conference report on an im19 plementing bill described in paragraph (5), in20 cluding consideration of all amendments in dis21 agreement (and all amendments thereto), and

22 consideration of all debatable motions and ap23 peals in connection therewith, shall be limited

24 to 4 hours, to be equally divided between, and

25 controlled by, the majority leader and the mi-
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1 nority leader or their designees. Debate on any

2 debatable motion or appeal related to the conference report shall be limited to 1 3 ⁄2 hour, to be

4 equally divided between, and controlled by, the

5 mover and the manager of the conference re6 port.

7 (C) FAILURE OF CONFERENCE TO ACT.—

8 If the committee on conference on an imple9 menting bill considered under this section fails

10 to submit a conference report within 10 cal11 endar days after the conferees have been ap12 pointed by each House, any Member of either

13 House may introduce an implementing bill con14 taining only the text of the draft implementing

15 bill of the President on the next day of session

16 thereafter and the implementing bill shall be

17 considered as provided in subparagraph (B).

18 (c) ADDITIONAL LIMITATIONS ON ‘‘FAST TRACK’’

19 PROCEDURES.—

20 (1) PRENEGOTIATION REQUIREMENTS.—

21 (A) IN GENERAL.—The fast track proce22 dures shall not apply to any implementing bill

23 that contains a provision approving any trade

24 agreement which is entered into under section

25 3(b) with any foreign country if—
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1 (i) the requirements of section 3(c)

2 are not met with respect to the negotiation

3 of such agreement; or

4 (ii) both Houses of Congress agree to

5 a resolution disapproving the negotiation of

6 such agreement before the later of—

7 (I) the close of the 60-calendar

8 day period beginning on the date no9 tice is provided under section 3(c); or

10 (II) the close of the 15-day pe11 riod beginning on the date such notice

12 is provided, computed without regard

13 to the days on which either House of

14 Congress is not in session because of

15 an adjournment of more than 3 days

16 to a day certain or an adjournment of

17 the Congress sine die, and any Satur18 day or Sunday, not otherwise excluded

19 under this subclause, when either

20 House of Congress is not in session.

21 (B) RESOLUTION DISAPPROVING NEGOTIA22 TIONS.—A resolution referred to in subpara23 graph (A)(ii) is a resolution of either House of

24 the Congress with which the other House of

25 Congress concurs, the sole matter after the re-
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1 solving clause of which is as follows: ‘‘That the

2 Congress disapproves the negotiation of the

3 trade agreement notice of which was provided

4 to the Congress on ll under section 3(c) of

5 the Trade Agreement Implementation Reform

6 Act.’’, with the blank space being filled with the

7 appropriate date.

8 (2) LACK OF CONSULTATIONS.—

9 (A) IN GENERAL.—The fast track proce10 dures shall not apply to any implementing bill

11 submitted with respect to a trade agreement en12 tered into under section 3(b) if both Houses of

13 the Congress separately agree to procedural dis14 approval resolutions within any 60-day period.

15 (B) PROCEDURAL DISAPPROVAL RESOLU16 TION.—For purposes of this paragraph, the

17 term ‘‘procedural disapproval resolution’’ means

18 a resolution of either House of the Congress,

19 the sole matter after the resolving clause of

20 which is as follows: ‘‘That the President has

21 failed or refused to consult with the Congress

22 on trade negotiations and trade agreements in

23 accordance with the provisions of the Trade

24 Agreement Implementation Reform Act and,

25 therefore, the provisions of section 151 of the
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1 Trade Act of 1974 shall not apply to any imple2 menting bill submitted with respect to any

3 trade agreement entered into under section 3(b)

4 of the Trade Agreement Implementation Re5 form Act, if, during the 60-day period begin6 ning on the date on which this resolution is

7 agreed to by ll, the ll agrees to a proce8 dural disapproval resolution (within the mean9 ing of section 4(c)(2)(B) of the Trade Agree10 ment Implementation Reform Act).’’, with the

11 first blank space being filled with the name of

12 the resolving House of the Congress and the

13 second blank space being filled with the name

14 of the other House of the Congress.

15 (3) PROCEDURES FOR CONSIDERING RESOLU16 TIONS.—

17 (A) IN GENERAL.—Resolutions under

18 paragraph (1) and procedural disapproval reso19 lutions under paragraph (2)—

20 (i) in the House of Representatives—

21 (I) shall be introduced by the

22 chairman or ranking minority member

23 of the Committee on Ways and Means

24 or the chairman or ranking minority

25 member of the Committee on Rules,
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1 (II) shall be jointly referred to

2 the Committee on Ways and Means

3 and the Committee on Rules, and

4 (III) may not be amended by ei5 ther Committee; and

6 (ii) in the Senate shall be original res7 olutions of the Committee on Finance.

8 (B) APPLICATION OF SECTION 152.—The

9 provisions of section 152 (d) and (e) of the

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

11 (e)) (relating to the floor consideration of cer12 tain resolutions in the House and Senate) apply

13 to resolutions under paragraph (1) and to pro14 cedural disapproval resolutions under paragraph

15 (2).

16 (C) SPECIAL RULES RELATING TO

17 HOUSE.—It is not in order for the House of

18 Representatives to consider any resolution

19 under paragraph (1) or any procedural dis20 approval resolution under paragraph (2) that is

21 not reported by the Committee on Ways and

22 Means and the Committee on Rules.
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1 SEC. 5. EXTENSION OF TRADE AGREEMENTS AUTHORITY

2 AND FAST TRACK PROCEDURES.

3 (a) EXTENSION OF FAST TRACK PROCEDURES TO

4 IMPLEMENTING BILLS.—

5 (1) IN GENERAL.—The fast track procedures

6 shall, as modified by this Act, be extended to imple7 menting bills submitted with respect to trade agree8 ments entered into under section 3(b) after May 31,

9 2001, and before June 1, 2003, if (and only if)—

10 (A) the President requests such extension

11 under paragraph (2), and

12 (B) neither House of the Congress adopts

13 an extension disapproval resolution under para14 graph (5) before June 1, 2001.

15 (2) REPORT TO CONGRESS BY THE PRESI16 DENT.—If the President is of the opinion that the

17 fast track procedures should be extended to imple18 menting bills described in paragraph (1), the Presi19 dent shall submit to the Congress, not later than

20 March 1, 2001, a written report that contains a re21 quest for such extension, together with—

22 (A) a description of all trade agreements

23 that have been negotiated under section 3(b)

24 and the anticipated schedule for submitting

25 such agreements to the Congress for approval,
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1 (B) a description of the progress that has

2 been made in multilateral and bilateral negotia3 tions to achieve the purposes, policies, and ob4 jectives of this Act, and a statement that such

5 progress justifies the continuation of negotia6 tions, and

7 (C) a statement of the reasons why the ex8 tension is needed to complete the negotiations.

9 (3) REPORT TO CONGRESS BY THE ADVISORY

10 COMMITTEE.—The President shall promptly inform

11 the Advisory Committee for Trade Policy and Nego12 tiations established under section 135 of the Trade

13 Act of 1974 (19 U.S.C. 2155) of the President’s de14 cision to submit a report to Congress under para15 graph (2). The Advisory Committee shall submit to

16 the Congress as soon as practicable, but not later

17 than March 1, 2001, a written report that con18 tains—

19 (A) its views regarding the progress that

20 has been made in multilateral and bilateral ne21 gotiations to achieve the purposes, policies, and

22 objectives of this Act, and

23 (B) a statement of its views, and the rea24 sons therefor, regarding whether the extension
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1 requested under paragraph (2) should be ap2 proved or disapproved.

3 (4) REPORTS MAY BE CLASSIFIED.—The re4 ports submitted to the Congress under paragraphs

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

6 classified to the extent the President determines ap7 propriate.

8 (5) EXTENSION DISAPPROVAL RESOLUTIONS.—

9 (A) IN GENERAL.—For purposes of this

10 subsection, the term ‘‘extension disapproval res11 olution’’ means a resolution of either House of

12 the Congress, the sole matter after the resolving

13 clause of which is as follows: ‘‘That the ll

14 disapproves the request of the President for the

15 extension, under section 5(a)(1) of the Trade

16 Agreement Implementation Reform Act, of the

17 provisions of section 151 of the Trade Act of

18 1974 (as modified by section 4(b) of the Trade

19 Agreement Implementation Reform Act) to any

20 implementing bill submitted with respect to any

21 trade agreement entered into under section 3(b)

22 of the Trade Agreement Implementation Re23 form Act after June 1, 2001, because sufficient

24 tangible progress has not been made in trade

25 negotiations.’’, with the blank space being filled
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1 with the name of the resolving House of the

2 Congress.

3 (B) PROCEDURE.—Extension disapproval

4 resolutions—

5 (i) may be introduced in either House

6 of the Congress by any Member of such

7 House; and

8 (ii) shall be jointly referred, in the

9 House of Representatives, to the Commit10 tee on Ways and Means and the Commit11 tee on Rules.

12 (C) APPLICATION OF SECTION 152.—The

13 provisions of sections 152 (d) and (e) of the

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

15 (e)) (relating to the floor consideration of cer16 tain resolutions in the House and Senate) apply

17 to extension disapproval resolutions.

18 (D) OTHER REQUIREMENTS.—It is not in

19 order for—

20 (i) the Senate to consider any exten21 sion disapproval resolution not reported by

22 the Committee on Finance;

23 (ii) the House of Representatives to

24 consider any extension disapproval resolu25 tion not reported by the Committee on
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1 Ways and Means and the Committee on

2 Rules; or

3 (iii) either House of the Congress to

4 consider an extension disapproval resolu5 tion that is reported to such House after

6 May 15, 2001.

7 (b) RULES OF HOUSE OF REPRESENTATIVES AND

8 SENATE.—Subsection (a) of this section, and section 4 (b)

9 and (c), are enacted by the Congress—

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

11 the House of Representatives and the Senate, re12 spectively, and as such are deemed a part of the

13 rules of each House, respectively, and such proce14 dures supersede other rules only to the extent that

15 they are inconsistent with such other rules; and

16 (2) with the full recognition of the constitu17 tional right of either House to change the rules (so

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

19 any time, in the same manner, and to the same ex20 tent as any other rule of that House.

21 SEC. 6. CONFORMING AMENDMENTS.

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

23 (19 U.S.C. 2111 and following) is amended as follows:

24 (1) IMPLEMENTING BILL.—Section 151(b)(1)

25 (19 U.S.C. 2191(b)(1)) is amended by inserting
29

•S 577 IS

1 ‘‘section 4 of the Trade Agreement Implementation

2 Reform Act,’’ after ‘‘the Omnibus Trade and Com3 petitiveness Act of 1988,’’.

4 (2) ADVICE FROM INTERNATIONAL TRADE COM5 MISSION.—Section 131 (19 U.S.C. 2151) is

6 amended—

7 (A) in subsection (a)—

8 (i) in paragraph (1), by striking ‘‘sec9 tion 123 of this Act or section 1102 (a) or

10 (c) of the Omnibus Trade and Competitive11 ness Act of 1988,’’ and inserting ‘‘section

12 123 of this Act, section 1102 (a) or (c) of

13 the Omnibus Trade and Competitiveness

14 Act of 1988, or section 3 of the Trade

15 Agreement Implementation Reform Act’’,

16 and

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

18 section 3 (a) or (b) of the Trade Agree19 ment Implementation Reform Act’’ after

20 ‘‘1988’’,

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

22 Omnibus Trade and Competitiveness Act of

23 1988 or section 3(a)(2)(B) of the Trade Agree24 ment Implementation Reform Act’’ before the

25 end period, and
30

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

2 Act or section 1102 of the Omnibus Trade and

3 Competitiveness Act of 1988,’’ and inserting

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

5 Trade and Competitiveness Act of 1988, or sec6 tion 3 of the Trade Agreement Implementation

7 Reform Act’’.

8 (3) HEARINGS AND ADVICE CONCERNING NEGO9 TIATIONS.—Sections 132, 133(a), and 134(a) (19

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

11 amended by striking ‘‘or section 1102 of the Omni12 bus Trade and Competitiveness Act of 1988,’’ each

13 place it appears and inserting ‘‘, section 1102 of the

14 Omnibus Trade and Competitiveness Act of 1988, or

15 section 3 of the Trade Agreement Implementation

16 Reform Act,’’.

17 (4) PREREQUISITES FOR OFFERS.—Section

18 134(b) (19 U.S.C. 2154(b)) is amended by inserting

19 ‘‘or section 3 of the Trade Agreement Implementa20 tion Reform Act’’ after ‘‘1988’’.

21 (5) INFORMATION AND ADVICE FROM PRIVATE

22 AND PUBLIC SECTORS.—Section 135(a)(1)(A) (19

23 U.S.C. 2155(a)(1)(A)) is amended by inserting ‘‘or

24 section 3 of the Trade Agreement Implementation

25 Reform Act’’ after ‘‘1988’’.
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1 (6) MEETING OF ADVISORY COMMITTEES AT

2 CONCLUSION OF NEGOTIATIONS.—Section 135(e)

3 (19 U.S.C. 2155(e)) is amended—

4 (A) in paragraph (1), by inserting ‘‘or sec5 tion 3 of the Trade Agreement Implementation

6 Reform Act’’ after ‘‘1988’’ the first two places

7 it appears, and by inserting ‘‘or section

8 4(a)(1)(A) of the Trade Agreement Implemen9 tation Reform Act’’ after ‘‘1988’’ the third

10 place it appears; and

11 (B) in paragraph (2), by inserting ‘‘or sec12 tion 2 of the Trade Agreement Implementation

13 Reform Act’’ after ‘‘1988’’.

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

15 OF THE TRADE ACT OF 1974.—For purposes of applying

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

17 U.S.C. 2135, 2136, and 2137)—

18 (1) any trade agreement entered into under sec19 tion 3 shall be treated as an agreement entered into

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

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

22 (2) any proclamation or Executive order issued

23 pursuant to a trade agreement entered into under

24 section 3 shall be treated as a proclamation or Exec25 utive order issued pursuant to a trade agreement en-
32

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1 tered into under section 102 of the Trade Act of

2 1974 (19 U.S.C. 2112).

3 SEC. 7. ADVISORY COMMITTEE REPORTS.

4 Section 135(e)(1) of the Trade Act of 1974 (19

5 U.S.C. 2155) is amended by striking ‘‘the date on which’’

6 and inserting ‘‘45 days after’’.

Æ

S 577 IS——2

S 577 IS——3