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[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1446 Introduced in House (IH)]

107th CONGRESS
  1st Session
                                H. R. 1446

                To provide trade negotiating authority.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2001

 Mr. English 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 negotiating authority.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Standard Trade Negotiating Authority 
Act of 2001''.

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; and
            (5) to ensure that domestic producers have access to a full 
        range of appropriate legal remedies against unfair trade 
        practices, including adequate and accessible antidumping and 
        antisurge protections.
    (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 or unreasonably restrict the establishment or 
        operations of service suppliers.
            (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 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 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; and
                    (E) providing meaningful procedures for resolving 
                investment disputes.
            (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 
                        United States industries whose products are 
                        subject to the lengthiest transition periods 
                        for full compliance by developing countries 
                        with that Agreement, and
                            (II) ensuring that the provisions of any 
                        multilateral or bilateral trade agreement 
                        entered into by the United States provide 
                        protection at least as strong as the protection 
                        afforded by chapter 17 of the North American 
                        Free Trade Agreement and the annexes thereto;
                            (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; and
                            (iv) 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 
        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; and
                    (B) increased openness of dispute settlement 
                proceedings, including under the World Trade 
                Organization.
            (6) 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 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 or eliminating subsidies that 
                decrease market opportunities for United States exports 
                or unfairly distort agriculture markets to the 
                detriment of the United States;
                    (iii) 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;
                            (II) unjustified trade restrictions or 
                        commercial requirements affecting 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;
                    (iv) improving import relief mechanisms to 
                recognize the unique characteristics of perishable 
                agriculture;
                    (v) 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;
                    (vi) 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;
                    (vii) otherwise ensuring that countries that accede 
                to the World Trade Organization have made meaningful 
                market liberalization commitments in agriculture; and
                    (viii) 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.
            (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.
            (ii) 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.
            (7) Labor, the environment, and other matters.--The 
        principal negotiating objective of the United States regarding 
        labor, the environment, and other matters is to address the 
        following aspects of foreign government policies and practices 
        regarding labor, the environment, and other matters that are 
        directly related to trade:
                    (A) To ensure that foreign labor, environmental, 
                health, or safety policies and practices do not 
arbitrarily or unjustifiably discriminate or serve as disguised 
barriers to trade.
                    (B) To ensure that foreign governments do not 
                derogate from or waive existing domestic environmental, 
                health, safety, or labor measures, including measures 
                that deter exploitative child labor, as an 
                encouragement to gain competitive advantage in 
                international trade or investment. Nothing in this 
                subparagraph is intended to address changes to a 
                country's laws that are consistent with sound 
                macroeconomic development. Nothing in this subparagraph 
                shall be construed to authorize inclusion in an 
                implementing bill under this Act or in an agreement 
                subject to an implementing bill under this Act 
                provisions that would restrict the autonomy of the 
                United States in these areas.
            (8) WTO extended negotiations.--The principal negotiating 
        objectives of the United States regarding trade in financial 
        services are those set forth in section 135(a) of the Uruguay 
        Round Agreements Act (19 U.S.C. 3555(a)), regarding trade in 
        civil aircraft are those set forth in section 135(c) of that 
        Act, and regarding rules of origin are the conclusion of an 
        agreement described in section 132 of that Act (19 U.S.C. 
        3552).
    (c) International Economic Policy Objectives.--
            (1) In general.--The President should take into account the 
        relationship between trade agreements and other important 
        priorities of the United States and seek to ensure that the 
        trade agreements entered into by the United States complement 
        and reinforce other policy goals. The United States priorities 
        in this area include--
                    (A) seeking to ensure that trade and environmental 
                policies are mutually supportive;
                    (B) seeking to protect and preserve the environment 
                and enhance the international means for doing so, while 
                optimizing the use of the world's resources;
                    (C) promoting respect for worker rights and the 
                rights of children and an understanding of the 
                relationship between trade and worker rights, 
                particularly by working with the International Labor 
                Organization to encourage the observance and 
                enforcement of core labor standards, including the 
                prohibition on exploitative child labor; and
                    (D) supplementing and strengthening standards for 
                protection of intellectual property under conventions 
                administered by international organizations other than 
                the World Trade Organization, expanding these 
                conventions to cover new and emerging technologies, and 
                eliminating discrimination and unreasonable exceptions 
                or preconditions to such protection.
            (2) Applicability of trade promotion procedures.--Nothing 
        in this subsection shall be construed to authorize the use of 
        the trade promotion procedures described in section 3 to modify 
        United States law.
    (d) Guidance for Negotiators.--
            (1) Domestic objectives.--In pursuing the negotiating 
        objectives described in subsection (b), the negotiators on 
        behalf of the United States shall take into account United 
        States domestic objectives, including the protection of health 
        and safety, essential security, environmental, consumer, and 
        employment opportunity interests, and the law and regulations 
        related thereto.
            (2) Consultations with congressional advisers and 
        enforcement of the trade laws.--In the course of negotiations 
        conducted under this Act, the United States Trade 
        Representative shall--
                    (A) consult closely and on a timely basis with, and 
                keep fully apprised of the negotiations, the 
                Congressional Oversight Group appointed under section 7 
                with respect to the negotiations; and
                    (B) 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.
            (3) 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, and the 
                Committee on Finance of the Senate; 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, and objectives of this Act will be promoted 
thereby, the President--
                    (A) may enter into trade agreements with foreign 
                countries, 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) notwithstanding any other provision of this 
                Act, 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 January 1, 2001.
            (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) and (2) 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 or as part of an interim agreement leading to the 
        formation of a regional free-trade area.
            (7) Authority under uruguay round agreements act not 
        affected.--Nothing in this subsection shall limit the authority 
        provided to the President under section 111(b) of the Uruguay 
        Round Agreements Act (19 U.S.C. 3521(b)).
    (b) Agreements Regarding Tariff and Nontariff Barriers.--
            (1) In general.--(A) Whenever the President determines 
        that--
                    (i) one or more existing duties or any other import 
                restriction of any foreign country or the United States 
                or any other barrier to, or other distortion of, 
                international trade unduly burdens 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, and objectives of this Act 
        will be promoted thereby, the President may, subject to section 
        4, enter into a trade agreement described in subparagraph (B).
            (B) The President may enter into a trade agreement under 
        subparagraph (A) with foreign countries providing for--
                    (i) the reduction or elimination of a duty, 
                restriction, barrier, or other distortion described in 
                subparagraph (A), or
                    (ii) the prohibition of, or limitation on the 
                imposition of, such barrier or other distortion.
            (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 and 
        the President satisfies the conditions set forth in sections 4 
        and 5.
    (c) Commencement of Negotiations.--In order to contribute to the 
continued economic expansion of the United States, the President shall, 
subject to section 4, commence negotiations covering tariff and 
nontariff barriers affecting any industry, product, or service sector, 
including negotiations to protect against monopolies and similar 
restraints on trade, and to 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.

SEC. 4. PRIOR AUTHORIZATION, CONSULTATIONS, AND ASSESSMENT.

    (a) Prior Authorization for Specific Agreements.--
            (1) Notification of commission.--Except in the case of 
        negotiations with respect to a trade agreement entered into 
        under the auspices of the World Trade Organization, the 
        President, at least 180 calendar days before negotiations are 
        proposed to be initiated with respect to a trade agreement 
        under section 3(b), shall notify the Commission on Labor and 
        the Environment established under section 9 of the country or 
        countries with which the negotiations are proposed to be 
        conducted.
            (2) Report of the commission.--The Commission on Labor and 
        the Environment--
                    (A) shall--
                            (i) assess those laws of the country or 
                        countries referred to in paragraph (1) that 
                        relate to worker rights and protection of the 
                        environment;
                            (ii) assess the enforcement of those laws 
                        by local authorities in the country or 
                        countries; and
                            (iii) make any recommendations on 
                        modifications to those laws that should be 
                        pursued in the negotiations in order to achieve 
                        the negotiating objectives set forth in section 
                        2(b)(7); and
                    (B) not later than 90 calendar days after receiving 
                the President's notice under paragraph (1), submit to 
                the President and the Congress a report on the 
                Commission's assessments and recommendations under 
                subparagraph (A).
            (3) Authorizing legislation.--The President may enter into 
        the negotiations with respect to a trade agreement to which 
        paragraph (1) applies if and only if--
                    (A) after the submission of the Commission's report 
                on the negotiations under paragraph (2), the President 
                submits to the Congress the draft of a preauthorization 
                bill consisting only of--
                            (i) a provision authorizing the 
                        negotiations;
                            (ii) a provision specifying the country or 
                        countries with which the negotiations will be 
                        conducted;
                            (iii) provisions specifying the negotiating 
                        objectives to be sought in the negotiations, 
                        taking into account the report of the 
                        Commission submitted with respect to the 
                        negotiations; and
                            (iv) a provision stating the date by which 
                        the trade agreement will be concluded; and
                    (B) the preauthorization bill is enacted into law.
            (4) Applicability of trade promotion procedures.--The 
        provisions of section 151 of the Trade Act of 1974 (in this Act 
        referred to as ``trade promotion procedures'') apply to a 
        preauthorization bill of either House of Congress described in 
        paragraph (23)(A).
            (5) Extension disapproval process for congressional trade 
        promotion procedures.--
                    (A) Report to congress by the president.--If the 
                President is of the opinion that the date specified in 
                a preauthorization bill under paragraph (3) for 
                conclusion of a trade agreement should be extended, the 
                President shall submit to the Congress, not later than 
                ____ days before the date specified in the 
                preauthorization bill, a written report that contains a 
                request for such extension, together with--
                            (i) a description of the trade agreement 
                        being negotiated and the date by which 
                        negotiations to conclude such agreement will be 
                        completed;
                            (ii) a description of the progress that has 
                        been made in negotiations to achieve the 
                        purposes, policies, and objectives of this Act, 
                        and a statement that such progress justifies 
                        the continuation of negotiations; and
                            (iii) a statement of the reasons why the 
                        extension is needed to complete the 
                        negotiations.
                    (B) 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 subparagraph (A). The Advisory Committee shall submit to the 
Congress as soon as practicable, but not later than 1 month after being 
informed of the President's decision, a written report that contains--
                            (i) its views regarding the progress that 
                        has been made in negotiations to achieve the 
                        negotiating objectives set forth in the 
                        preauthorization bill enacted that authorized 
                        the negotiations; and
                            (ii) a statement of its views, and the 
                        reasons therefor, regarding whether the 
                        extension requested under subparagraph (A) 
                        should be approved or disapproved.
                    (C) Reports may be classified.--The reports 
                submitted to the Congress under subparagraphs (A) and 
                (B), or any portion of such reports, may be classified 
                to the extent the President determines appropriate.
                    (D) Extension of negotiating authority.--The date 
                specified in a preauthorization bill under paragraph 
                (3) for conclusion of a trade agreement shall be 
                extended as specified in the President's report to 
                Congress under subparagraph (A)(i) if neither House of 
                the Congress adopts an extension disapproval resolution 
                before the date specified in the preauthorization bill 
                referred to in subparagraph (A).
                    (E) Extension disapproval resolutions.--(i) For 
                purposes of subparagraph (D), 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 4(a)(5)(A) of the Trade 
                Negotiating Authority Act of 2001, to ____, 2____, of 
                the negotiating authority with respect to the trade 
                agreement described in the request submitted to the 
                Congress on ____, 2____.'', with the first blank space 
                being filled with the name of the resolving House of 
                the Congress, and the second and third blank spaces 
                being filled with the appropriate dates.
                    (F) Procedures.--(i) 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.
                    (ii) The provisions of sections 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.
                    (iii) It is not in order for--
                            (I) the Senate to consider any extension 
                        disapproval resolution not reported by the 
                        Committee on Finance; or
                            (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.
    (b) Notice and Consultation Before Negotiation.--
            (1) In general.--The President, with respect to any 
        agreement that is subject to the provisions of section 3(b), 
        shall--
                    (A) in the case of any agreement not subject to 
                subsection (a) of this section, 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; 
                and
                    (B) consult regarding the negotiations, before and 
                after the date that is 90 calendar days before 
                initiating negotiations, with the Committee on Finance 
                of the Senate and the Committee on Ways and Means of 
                the House of Representatives and such other committees 
                of the House and Senate as the President deems 
                appropriate.
            (2) Consultations regarding negotiations on certain 
        objectives.--
                    (A) Consultation.--In addition to the requirements 
                set forth in subsection (a) and paragraph (1), before 
                initiating negotiations with respect to a trade 
                agreement subject to section 3(b), where the subject 
                matter of such negotiations is directly related to the 
                principal trade negotiating objectives set forth in 
                section 2(b)(1) or section 2(b)(7), the President shall 
                consult with the Committee on Ways and Means of the 
                House of Representatives and the Committee on Finance 
                of the Senate and with the appropriate advisory groups 
                established under section 135 of the Trade Act of 1974 
                with respect to such negotiations.
                    (B) Scope.--The consultations described in 
                subparagraph (A) shall concern the manner in which the 
                negotiation will address the objective of reducing or 
                eliminating a specific tariff or nontariff barrier or 
                foreign government policy or practice directly related 
                to trade that decreases market opportunities for United 
                States exports or otherwise distorts United States 
                trade.
            (3) Negotiations regarding agriculture.--(A) Before 
        initiating negotiations the subject matter of which is directly 
related to the subject matter under section 2(b)(6)(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.
            (B) Before initiating negotiations to reduce United States 
        tariffs on agricultural products which the President determines 
        to be import sensitive, 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 such tariff reductions. The consultations 
        shall include an assessment of the impact of any tariff 
        reduction on the United States industry producing the product 
        and whether adjustment periods should be provided to the 
        industry. The President, with the advice of the International 
        Trade Commission, shall determine which agricultural products 
        are import sensitive.
            (C) Before initiating negotiations with regard to 
        agriculture, the United States Trade Representative shall--
                    (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;
                    (ii) consult with the Committee on Ways and Means 
                of the House of Representatives and the Committee on 
                Finance of the Senate concerning 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;
                    (iii) request that the International Trade 
                Commission prepare an assessment of the probable 
                economic effects of the tariff reduction on the United 
                States industry producing the product 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 of the 
                House of Representatives and the Committee on Finance 
                of the Senate those products identified in clause (i) 
                for which the Trade Representative intends to seek 
                further tariff liberalization in the negotiations.
            (D) If, after negotiations described in subparagraph (C) 
        are commenced--
                    (i) the United States Trade Representative 
                identifies any additional agricultural product 
                described in subparagraph (C)(i) for tariff reductions 
                which were not the subject of a notification under 
                subparagraph (C)(iv), or
                    (ii) any additional agricultural product described 
                in subparagraph (C)(i) is the subject of a request for 
                tariff reductions by a party to the negotiations,
        the Trade Representative shall notify the committees referred 
        to in subparagraph (C)(iv) as soon as practicable of those 
        products.
    (c) 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; and
                    (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.
            (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, 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.
    (d) 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.
    (e) 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 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) in the case of a trade agreement entered into 
                other than under the auspices of the World Trade 
                Organization, a preauthorization bill was enacted into 
                law under section 4(a) and any extension requested 
                under section 4(a)(5)(A) became effective under section 
                4(a)(5)(E);
                    (B) 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;
                    (C) 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;
                    (D) after entering into the agreement, the 
                President submits to the Congress a copy of the final 
                legal text of the agreement, together with--
                            (i) a draft of an implementing bill 
                        described in section paragraph (2);
                            (ii) a statement of any administrative 
                        action proposed to implement the trade 
                        agreement; and
                            (iii) the supporting information described 
                        in paragraph (3); and
                    (E) the implementing bill is enacted into law.
            (2) Bills qualifying for trade authorities procedures.--The 
        implementing bill referred to in paragraph (1)(D)(i) is a bill 
        of either House of Congress consisting only of--
                    (A) a provision approving a trade agreement entered 
                into under section 3(b) and approving the statement of 
                administrative action, if any, proposed to implement 
                such trade agreement,
                    (B) provisions directly related to the principal 
                trade negotiating objectives set forth in section 2(b) 
                and the negotiating objectives set forth in any 
                preauthorization bill enacted under section 4(a)(3) 
                achieved in such trade agreement, if those provisions 
                are necessary for the operation or implementation of 
                United States rights or obligations under such trade 
                agreement,
                    (C) provisions that define and clarify, or 
                provisions that are related to, the operation or effect 
                of the provisions of the trade agreement,
                    (D) provisions to provide adjustment assistance to 
                workers and firms adversely affected by trade, and
                    (E) provisions necessary for purposes of complying 
                with section 252 of the Balanced Budget and Emergency 
                Deficit Control Act of 1985 in implementing the trade 
                agreement,
        The provisions of section 151 of the Trade Act of 1974 (in this 
        Act referred to as ``trade promotion procedures'') apply to 
        implementing bills under this paragraph 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''.
            (3) Supporting information.--The supporting information 
        required under paragraph (1)(D)(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, 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; 
                                and
                                    (IV) how the implementing bill 
                                meets the standards set forth in 
                                paragraph (2).
            (4) 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.
    (b) Limitations on Trade Promotion Procedures.--
            (1) For lack of notice or consultations.--
                    (A) In general.--The trade promotion procedures 
                shall not apply to any implementing bill submitted with 
                respect to a trade agreement 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 that trade agreement, the 
                other House separately agrees to a procedural 
                disapproval resolution with respect to that agreement.
                    (B) Procedural disapproval resolution.--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 (as the case may 
                be) with Congress in accordance with section 4 (b) or 
                (c) or section 5 of the Trade Negotiating Authority Act 
                of 2001 on negotiations with respect to ____________ 
                and, therefore, the trade promotion procedures under 
                that Act shall not apply to any implementing bill 
                submitted with respect to that trade agreement.'', with 
                the blank space being filled with a description of the 
                trade agreement with respect to which the President is 
                considered to have failed or refused to notify or 
                consult.
            (2) Procedures for considering resolutions.--(A) Procedural 
        disapproval resolutions--
                    (i) in the House of Representatives--
                            (I) shall be introduced by the chairman or 
                        ranking minority member of the Committee on 
                        Ways and Means or the chairman or ranking 
                        minority member of the Committee on Rules;
                            (II) shall be referred to the Committee on 
                        Ways and Means and, in addition, to the 
                        Committee on Rules; and
                            (III) may not be amended by either 
                        Committee; and
                    (ii) in the Senate shall be original resolutions of 
                the Committee on Finance.
            (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 procedural disapproval resolutions.
            (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.
    (c) Rules of House of Representatives and Senate.--Subsection (b) 
of this section and section 4(a)(5) 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.

    (a) Certain Agreements.--Notwithstanding section 3(b)(2), if an 
agreement to which section 3(b) applies is entered into with Jordan or 
Vietnam, 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 promotion procedures to 
        implementing bills shall be determined without regard to the 
        requirements of section 4 (a) or (b), 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) or (b); and
            (2) the President shall consult regarding the negotiations 
        described in subsection (a) with the committees described in 
        section 4(b)(1)(B) as soon as feasible after the enactment of 
        this Act.
    (c) Multilateral Agreement on Investment.--Notwithstanding any 
other provision of this Act, the trade promotion procedures shall not 
apply to the Multilateral Agreement on Investment concluded under the 
auspices of the Organization for Economic Cooperation and Development.

SEC. 7. CONGRESSIONAL OVERSIGHT GROUPS.

    (a) Appointment and Functions.--Not later than 60 days before 
initiating negotiations with respect to any agreement that is subject 
to the provisions of section 3(b)--
            (1) the Speaker of the House of Representatives, upon the 
        recommendation of the chairman of the Committee on Ways and 
        Means, shall appoint 5 members (not more than 3 of whom are 
members of the same political party) of such committee, and
            (2) the President pro tempore of the Senate, upon the 
        recommendation of the chairman of the Committee on Finance, 
        shall appoint 5 members (not more than 3 of whom are members of 
        the same political party) of such committee,
 to serve as members of a Congressional Oversight Group for the 
negotiations. Each such member 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. Members of the 
Congressional Oversight Group shall consult with and provide advice to 
the Trade Representative regarding the formulation of specific 
objectives, negotiating strategies and positions, and the development 
of the trade agreement.
    (b) Additional Members.--
            (1) Authority to appoint.--In addition to the members 
        designated under subsection (a) for a Congressional Oversight 
        Group--
                    (A) the Speaker of the House of Representatives may 
                appoint additional members of the House from any other 
                committee of the House or joint committee of Congress 
                to serve as members of the Congressional Oversight 
                Group; and
                    (B) the President pro tempore of the Senate may 
                appoint additional members of the Senate from any other 
                committee of the Senate or joint committee of Congress 
                to serve as members of the Congressional Oversight 
                Group.
        Members of the House and Senate appointed under this paragraph 
        shall be accredited by the United States Trade Representative.
            (2) Consultations.--Before designating any member under 
        paragraph (1), the Speaker or the President pro tempore shall 
        consult with--
                    (A) the chairman and ranking minority member of the 
                Committee on Ways and Means and the Committee on 
                Finance, as appropriate; and
                    (B) the chairman and ranking minority member of the 
                committee from which the member will be appointed.
            (3) Affiliation.--Not more than 2 members may be appointed 
        under this subsection as members of any Congressional Oversight 
        Group from any 1 committee of Congress. If 2 members are 
        appointed from 1 committee, they must be from different 
        political parties, and the total members from any political 
        party appointed under this subsection for any Congressional 
        Oversight Group may not exceed the total number of members from 
        any other political party.
    (c) Guidelines.--
            (1) Purpose and revision.--Within 120 days after the date 
        of the enactment of this Act, the United States Trade 
        Representative shall develop written guidelines, 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, to facilitate the 
        useful and timely exchange of information between the Trade 
        Representative and the Congressional Oversight Groups 
        established under this section. The Trade Representative may 
        revise the guidelines from time to time as needed following 
        further such consultation.
            (2) Content.--The guidelines developed under paragraph (1) 
        shall provide for, among other things--
                    (A) regular, detailed briefings of each 
                Congressional Oversight Group regarding negotiating 
                objectives and positions and status of the negotiations 
                with respect to which the group was appointed, 
                beginning as soon as practicable after the appointment 
                of the members of the group, with more frequent 
                briefings as trade negotiations enter the final stage;
                    (B) access by members of each Congressional 
                Oversight Group, and staff with proper security 
                clearances, to pertinent documents relating to the 
                negotiations, including classified materials; and
                    (C) the closest practicable coordination between 
                the Trade Representative and each Congressional 
                Oversight Group at all critical periods during the 
                negotiations, including at negotiation sites.

SEC. 8. ADDITIONAL IMPLEMENTATION AND ENFORCEMENT REQUIREMENTS.

    (a) In General.--At the time the President submits the final text 
of an agreement pursuant to section 5(a)(1)(D), 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, and the Department of the Treasury.
            (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 the President submits to Congress after the 
submission of the plan.

SEC. 9. COMMISSION ON LABOR AND THE ENVIRONMENT

    (a) Establishment.--There is established the Commission on Labor 
and the Environment (in this section referred to as the 
``Commission'').
    (b) Duties of Commission.--The Commission shall--
            (1) carry out section 4(a)(2) of this Act following the 
        notification of the President under section 4(a)(1); and
            (2) prepare reports on the laws of any country that relate 
        to worker rights or protection of the environment, pursuant to 
        resolution of either the Committee on Ways and Means of the 
        House of Representatives or the Committee on Finance of the 
        Senate.
    (c) Membership.--
            (1) Number and Appointment.--The Commission shall be 
        composed of 12 members appointed by the President as follows:
                    (A) 3 members who shall be appointed from among 
                officers and employees of the Office of the United 
                States Trade Representative who have expertise in labor 
                and environmental issues.
                    (B) 3 members who shall be appointed from among 
                officers and employees of the Environmental Protection 
                Agency.
                    (C) 3 members who shall be appointed from among 
                officers and employees of the Department of Labor.
                    (D) 1 member who shall be a representative of the 
                business community.
                    (E) 1 member who shall be a representative of labor 
                organizations.
                    (F) 1 member who shall be a representative of 
                nongovernmental organizations with expertise in 
                environmental issues.
            (2) Continuation of membership.--If a member was appointed 
        to the Commission as an officer or employee of an agency and 
        the member ceases to be such an officer or employee, or was 
        appointed under subparagraph (D), (E), or (F) of paragraph (1) 
        and ceases to be representative of the group he or she was 
        chosen to represent, that member may continue as a member for 
        not longer than the 30-day period beginning on the date that 
        member ceases to be such an officer or employee or such a 
        representative, as the case may be.
            (3) Terms.--
                    (A) In general.--Each member shall be appointed for 
                a term of 4 years, except as provided in subparagraphs 
                (B) and (C).
                    (B) Terms of initial appointees.--As designated by 
                the President at the time of appointment, of the 
                members first appointed--
                            (i) 3 shall be appointed for terms of 1 
                        year;
                            (ii) 3 shall be appointed for terms of 2 
                        years; and
                            (iii) 3 shall be appointed for terms of 3 
                        years.
                    (C) Vacancies.--Any member appointed to fill a 
                vacancy occurring before the expiration of the term for 
                which the member's predecessor was appointed shall be 
                appointed only for the remainder of that term. A member 
                may serve after the expiration of that member's term 
                until a successor has taken office. A vacancy in the 
                Commission shall be filled in the manner in which the 
                original appointment was made.
            (4) Basic pay.--
                    (A) Rates of pay.--Except as provided in 
                subparagraph (B), members shall each be paid the daily 
                equivalent of the annual rate of basic pay for level V 
                of the Executive Schedule for each day (including 
                travel time) during which they are engaged in the 
                actual performance of duties vested in the Commission.
                    (B) Prohibition of compensation of federal 
                employees.--Members of the Commission who are full-time 
                officers or employees of the United States may not 
                receive additional pay, allowances, or benefits by 
                reason of their service on the Commission.
                    (C) Travel expenses.--Each member shall receive 
                travel expenses, including per diem in lieu of 
                subsistence, in accordance with applicable provisions 
                under subchapter I of chapter 57 of title 5, United 
                States Code.
            (5) Quorum.--7 members of the Commission shall constitute a 
        quorum but a lesser number may hold hearings.
            (6) Chairperson.--The Chairperson of the Commission shall 
        be designated by the President at the time of the appointment. 
        The term of office of the Chairperson shall be 2 years.
            (7) Meetings.--The Commission shall meet at the call of the 
        Chairperson or a majority of its members.
    (d) Commission Personnel Matters.--
            (1) In General.--The Commission may, without regard to the 
        civil service laws and regulations, appoint and terminate an 
        Executive Director and such other additional personnel as may 
        be necessary to enable the Commission to perform its duties.
            (2) Compensation.--The Commission may fix the compensation 
        of the Executive Director and other personnel without regard to 
        the provisions of chapter 51 and subchapter III of chapter 53 
        of title 5, United States Code, relating to classification of 
        positions and General Schedule pay rates, except that the rate 
        of pay for the Executive Director and other personnel may not 
        exceed the rate payable for level V of the Executive Schedule 
        under section 5316 of such title.
            (3) Staff and services of other federal agencies.--Upon the 
        request of the Commission, the head of any Federal department 
        or agency may detail, on a reimbursable or nonreimbursable 
        basis, any of the personnel of that department or agency to the 
        Commission to assist it in carrying out its functions. The 
        detail of any such personnel shall be without interruption or 
loss of civil service or Foreign Service status or privilege.
            (4) Experts and consultants.--The Commission may procure 
        temporary and intermittent services under section 3109(b) of 
        title 5, United States Code, but at rates for individuals not 
        to exceed the daily equivalent of the annual rate of pay 
        payable level V of the Executive Schedule under section 5316 of 
        such title.
    (e) Powers of Commission.--
            (1) Hearings and sessions.--The Commission may, for the 
        purpose of carrying out its functions, hold hearings, sit and 
        act at times and places, take testimony, and receive evidence 
        as the Commission considers appropriate.
            (2) Information from federal agencies.--The Commission may 
        secure directly from any Federal department or agency such 
        information as the Commission considers necessary to carry out 
        the provisions of this section. Upon request of the Chairperson 
        of the Commission, the head of such department or agency shall 
        furnish such information to the Commission, subject to 
        applicable law.
            (3) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as other departments and agencies of the Federal Government.
            (4) Administrative procedures.--The Commission may adopt 
        such rules and regulations, relating to administrative 
        procedure, as may be reasonably necessary to enable it to carry 
        out its functions.
            (5) Powers of members and agents.--Any member or agent of 
        the Commission may, if authorized by the Commission, take any 
        action which the Commission is authorized to take by this 
        subsection.
            (6) Gifts, bequests, and devises.--The Commission may 
        accept, use, and dispose of gifts, bequests, or devises of 
        services or property, both real and personal, for the purpose 
        of aiding or facilitating the work of the Commission. Gifts, 
        bequests, or devises of money and proceeds from sales of other 
        property received as gifts, bequests, or devises shall be 
        deposited in the Treasury and shall be available for 
        disbursement upon order of the Commission. For purposes of 
        Federal income, estate, and gift taxes, property accepted under 
        this subsection shall be considered as a gift, bequest, or 
        devise to the United States.
            (7) Administrative support services.--Upon the request of 
        the Commission, the Administrator of General Services shall 
        provide to the Commission, on a reimbursable basis, the 
        administrative support services necessary for the Commission to 
        carry out its functions.
            (8) Contract authority.--To the extent or in the amounts 
        provided in advance in appropriation Acts, the Commission may 
        contract with and compensate government and private agencies or 
        persons for the conduct of activities necessary to the 
        discharge of its functions.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.

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,''.
                    (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 Trade 
Negotiating Authority Act of 2001''.
            (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 Trade 
                        Negotiating Authority Act of 2001,''; 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 Trade Negotiating 
                        Authority Act of 2001'';
                    (B) in subsection (b), by striking ``section 
                1102(a)(3)(A)'' and inserting ``section 3(a)(3)(A) of 
                the Trade Negotiating Authority Act of 2001'' before 
                the end period; and
                    (C) in subsection (c), by striking ``section 1102 
                of the Omnibus Trade and Competitiveness Act of 1988,'' 
                and inserting ``section 3 of the Trade Negotiating 
                Authority Act of 2001,''.
            (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 Trade Negotiating Authority Act of 
        2001,''.
            (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 Trade Negotiating Authority Act of 2001''.
            (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 Trade 
                Negotiating Authority Act of 2001'';
                    (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 Trade Negotiating Authority Act of 
                        2001''; and
                            (ii) by striking ``section 1103(a)(1)(A) of 
                        such Act of 1988'' and inserting ``section 
                        5(a)(1)(B) of the Trade Negotiating Authority 
                        Act of 2001''; 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 Trade 
                Negotiating Authority Act of 2001''.
            (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 Trade Negotiating 
        Authority Act of 2001''.
    (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. DEFINITIONS.

    In this Act:
            (1) 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.
            (2) 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)).
            (3) World trade organization.--The term ``World Trade 
        Organization'' means the organization established pursuant to 
        the WTO Agreement.
            (4) WTO agreement.--The term ``WTO Agreement'' means the 
        Agreement Establishing the World Trade Organization entered 
        into on April 15, 1994.
                                 <all>
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