I

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.

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 ‘‘Standard Trade Nego5 tiating Authority Act of 2001’’.

6 SEC. 2. TRADE NEGOTIATING OBJECTIVES.

7 (a) OVERALL TRADE NEGOTIATING OBJECTIVES.—

8 The overall trade negotiating objectives of the United

9 States for agreements subject to the provisions of section

10 3 are—
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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 distortions that are directly related to

5 trade and that decrease market opportunities for

6 United States exports or otherwise distort United

7 States trade;

8 (3) to further strengthen the system of inter9 national trading disciplines and procedures, includ10 ing dispute settlement;

11 (4) to foster economic growth, raise living

12 standards, and promote full employment in the

13 United States and to enhance the global economy;

14 and

15 (5) to ensure that domestic producers have ac16 cess to a full range of appropriate legal remedies

17 against unfair trade practices, including adequate

18 and accessible antidumping and antisurge protec19 tions.

20 (b) PRINCIPAL TRADE NEGOTIATING OBJECTIVES.—

21 (1) TRADE BARRIERS AND DISTORTIONS.—The

22 principal negotiating objectives of the United States

23 regarding trade barriers and other trade distortions

24 are—
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1 (A) to expand competitive market opportu2 nities for United States exports and to obtain

3 fairer and more open conditions of trade by re4 ducing or eliminating tariff and nontariff bar5 riers and policies and practices of foreign gov6 ernments directly related to trade that decrease

7 market opportunities for United States exports

8 or otherwise distort United States trade; and

9 (B) to obtain reciprocal tariff and non10 tariff barrier elimination agreements, with par11 ticular attention to those tariff categories cov12 ered in section 111(b) of the Uruguay Round

13 Agreements Act (19 U.S.C. 3521(b)).

14 (2) TRADE IN SERVICES.—The principal negoti15 ating objective of the United States regarding trade

16 in services is to reduce or eliminate barriers to inter17 national trade in services, including regulatory and

18 other barriers that deny national treatment or un19 reasonably restrict the establishment or operations

20 of service suppliers.

21 (3) FOREIGN INVESTMENT.—The principal ne22 gotiating objective of the United States regarding

23 foreign investment is to reduce or eliminate artificial

24 or trade-distorting barriers to trade-related foreign

25 investment by—
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1 (A) reducing or eliminating exceptions to

2 the principle of national treatment;

3 (B) freeing the transfer of funds relating

4 to investments;

5 (C) reducing or eliminating performance

6 requirements and other unreasonable barriers

7 to the establishment and operation of invest8 ments;

9 (D) seeking to establish standards for ex10 propriation and compensation for expropriation,

11 consistent with United States legal principles

12 and practice; and

13 (E) providing meaningful procedures for

14 resolving investment disputes.

15 (4) INTELLECTUAL PROPERTY.—The principal

16 negotiating objectives of the United States regarding

17 trade-related intellectual property are—

18 (A) to further promote adequate and effec19 tive protection of intellectual property rights,

20 including through—

21 (i)(I) ensuring accelerated and full

22 implementation of the Agreement on

23 Trade-Related Aspects of Intellectual

24 Property Rights referred to in section

25 101(d)(15) of the Uruguay Round Agree-
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1 ments Act (19 U.S.C. 3511(d)(15)), par2 ticularly with respect to United States in3 dustries whose products are subject to the

4 lengthiest transition periods for full com5 pliance by developing countries with that

6 Agreement, and

7 (II) ensuring that the provisions of

8 any multilateral or bilateral trade agree9 ment entered into by the United States

10 provide protection at least as strong as the

11 protection afforded by chapter 17 of the

12 North American Free Trade Agreement

13 and the annexes thereto;

14 (ii) providing strong protection for

15 new and emerging technologies and new

16 methods of transmitting and distributing

17 products embodying intellectual property;

18 (iii) preventing or eliminating dis19 crimination with respect to matters affect20 ing the availability, acquisition, scope,

21 maintenance, use, and enforcement of in22 tellectual property rights; and

23 (iv) providing strong enforcement of

24 intellectual property rights, including

25 through accessible, expeditious, and effec-
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1 tive civil, administrative, and criminal en2 forcement mechanisms; and

3 (B) to secure fair, equitable, and non4 discriminatory market access opportunities for

5 United States persons that rely upon intellec6 tual property protection.

7 (5) TRANSPARENCY.—The principal negotiating

8 objective of the United States with respect to trans9 parency is to obtain broader application of the prin10 ciple of transparency through—

11 (A) increased and more timely public ac12 cess to information regarding trade issues and

13 the activities of international trade institutions;

14 and

15 (B) increased openness of dispute settle16 ment proceedings, including under the World

17 Trade Organization.

18 (6) RECIPROCAL TRADE IN AGRICULTURE.—(A)

19 The principal negotiating objective of the United

20 States with respect to agriculture is to obtain com21 petitive opportunities for United States exports of

22 agricultural commodities in foreign markets substan23 tially equivalent to the competitive opportunities af24 forded foreign exports in United States markets and
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1 to achieve fairer and more open conditions of trade

2 in bulk and value-added commodities by—

3 (i) reducing or eliminating, by a date cer4 tain, tariffs or other charges that decrease mar5 ket opportunities for United States exports—

6 (I) giving priority to those products

7 that are subject to significantly higher tar8 iffs or subsidy regimes of major producing

9 countries; and

10 (II) providing reasonable adjustment

11 periods for United States import-sensitive

12 products, in close consultation with the

13 Congress on such products before initiating

14 tariff reduction negotiations;

15 (ii) reducing or eliminating subsidies that

16 decrease market opportunities for United States

17 exports or unfairly distort agriculture markets

18 to the detriment of the United States;

19 (iii) developing, strengthening, and clari20 fying rules and effective dispute settlement

21 mechanisms to eliminate practices that unfairly

22 decrease United States market access opportu23 nities or distort agricultural markets to the det24 riment of the United States, particularly with
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1 respect to import-sensitive products,

2 including—

3 (I) unfair or trade-distorting activities

4 of state trading enterprises and other ad5 ministrative mechanisms, with emphasis on

6 requiring price transparency in the oper7 ation of state trading enterprises and such

8 other mechanisms;

9 (II) unjustified trade restrictions or

10 commercial requirements affecting new

11 technologies, including biotechnology;

12 (III) unjustified sanitary or

13 phytosanitary restrictions, including those

14 not based on scientific principles in con15 travention of the Uruguay Round Agree16 ments;

17 (IV) other unjustified technical bar18 riers to trade; and

19 (V) restrictive rules in the administra20 tion of tariff rate quotas;

21 (iv) improving import relief mechanisms to

22 recognize the unique characteristics of perish23 able agriculture;

24 (v) taking into account whether a party to

25 the negotiations has failed to adhere to the pro-
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1 visions of already existing trade agreements

2 with the United States or has circumvented ob3 ligations under those agreements;

4 (vi) taking into account whether a product

5 is subject to market distortions by reason of a

6 failure of a major producing country to adhere

7 to the provisions of already existing trade

8 agreements with the United States or by the

9 circumvention by that country of its obligations

10 under those agreements;

11 (vii) otherwise ensuring that countries that

12 accede to the World Trade Organization have

13 made meaningful market liberalization commit14 ments in agriculture; and

15 (viii) taking into account the impact that

16 agreements covering agriculture to which the

17 United States is a party, including the North

18 American Free Trade Agreement, have on the

19 United States agricultural industry.

20 (B)(i) Before commencing negotiations with re21 spect to agriculture, the United States Trade Rep22 resentative, in consultation with the Congress, shall

23 seek to develop a position on the treatment of sea24 sonal and perishable agricultural products to be em25 ployed in the negotiations in order to develop an
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1 international consensus on the treatment of seasonal

2 or perishable agricultural products in investigations

3 relating to dumping and safeguards and in any other

4 relevant area.

5 (ii) The negotiating objective provided in sub6 paragraph (A) applies with respect to agricultural

7 matters to be addressed in any trade agreement en8 tered into under section 3 (a) or (b), including any

9 trade agreement entered into under section 3 (a) or

10 (b) that provides for accession to a trade agreement

11 to which the United States is already a party, such

12 as the North American Free Trade Agreement and

13 the United States-Canada Free Trade Agreement.

14 (7) LABOR, THE ENVIRONMENT, AND OTHER

15 MATTERS.—The principal negotiating objective of

16 the United States regarding labor, the environment,

17 and other matters is to address the following aspects

18 of foreign government policies and practices regard19 ing labor, the environment, and other matters that

20 are directly related to trade:

21 (A) To ensure that foreign labor, environ22 mental, health, or safety policies and practices

23 do not arbitrarily or unjustifiably discriminate

24 or serve as disguised barriers to trade.
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1 (B) To ensure that foreign governments do

2 not derogate from or waive existing domestic

3 environmental, health, safety, or labor meas4 ures, including measures that deter exploitative

5 child labor, as an encouragement to gain com6 petitive advantage in international trade or in7 vestment. Nothing in this subparagraph is in8 tended to address changes to a country’s laws

9 that are consistent with sound macroeconomic

10 development. Nothing in this subparagraph

11 shall be construed to authorize inclusion in an

12 implementing bill under this Act or in an agree13 ment subject to an implementing bill under this

14 Act provisions that would restrict the autonomy

15 of the United States in these areas.

16 (8) WTO EXTENDED NEGOTIATIONS.—The

17 principal negotiating objectives of the United States

18 regarding trade in financial services are those set

19 forth in section 135(a) of the Uruguay Round

20 Agreements Act (19 U.S.C. 3555(a)), regarding

21 trade in civil aircraft are those set forth in section

22 135(c) of that Act, and regarding rules of origin are

23 the conclusion of an agreement described in section

24 132 of that Act (19 U.S.C. 3552).
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1 (c) INTERNATIONAL ECONOMIC POLICY OBJEC2 TIVES.—

3 (1) IN GENERAL.—The President should take

4 into account the relationship between trade agree5 ments and other important priorities of the United

6 States and seek to ensure that the trade agreements

7 entered into by the United States complement and

8 reinforce other policy goals. The United States prior9 ities in this area include—

10 (A) seeking to ensure that trade and envi11 ronmental policies are mutually supportive;

12 (B) seeking to protect and preserve the en13 vironment and enhance the international means

14 for doing so, while optimizing the use of the

15 world’s resources;

16 (C) promoting respect for worker rights

17 and the rights of children and an understanding

18 of the relationship between trade and worker

19 rights, particularly by working with the Inter20 national Labor Organization to encourage the

21 observance and enforcement of core labor

22 standards, including the prohibition on exploita23 tive child labor; and

24 (D) supplementing and strengthening

25 standards for protection of intellectual property
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1 under conventions administered by international

2 organizations other than the World Trade Or3 ganization, expanding these conventions to

4 cover new and emerging technologies, and elimi5 nating discrimination and unreasonable excep6 tions or preconditions to such protection.

7 (2) APPLICABILITY OF TRADE PROMOTION PRO8 CEDURES.—Nothing in this subsection shall be con9 strued to authorize the use of the trade promotion

10 procedures described in section 3 to modify United

11 States law.

12 (d) GUIDANCE FOR NEGOTIATORS.—

13 (1) DOMESTIC OBJECTIVES.—In pursuing the

14 negotiating objectives described in subsection (b),

15 the negotiators on behalf of the United States shall

16 take into account United States domestic objectives,

17 including the protection of health and safety, essen18 tial security, environmental, consumer, and employ19 ment opportunity interests, and the law and regula20 tions related thereto.

21 (2) CONSULTATIONS WITH CONGRESSIONAL AD22 VISERS AND ENFORCEMENT OF THE TRADE LAWS.—

23 In the course of negotiations conducted under this

24 Act, the United States Trade Representative shall—
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1 (A) consult closely and on a timely basis

2 with, and keep fully apprised of the negotia3 tions, the Congressional Oversight Group ap4 pointed under section 7 with respect to the ne5 gotiations; and

6 (B) preserve the ability of the United

7 States to enforce rigorously its trade laws, in8 cluding the antidumping and countervailing

9 duty laws, and avoid agreements which lessen

10 the effectiveness of domestic and international

11 disciplines on unfair trade, especially dumping

12 and subsidies, in order to ensure that United

13 States workers, agricultural producers, and

14 firms can compete fully on fair terms and enjoy

15 the benefits of reciprocal trade concessions.

16 (3) CONSULTATION BEFORE AGREEMENT INI17 TIALED.—In the course of negotiations conducted

18 under this Act, the United States Trade Representa19 tive shall—

20 (A) consult closely and on a timely basis

21 (including immediately before initialing an

22 agreement) with, and keep fully apprised of the

23 negotiations, the congressional advisers for

24 trade policy and negotiations appointed under

25 section 161 of the Trade Act of 1974 (19
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1 U.S.C. 2211), the Committee on Ways and

2 Means of the House of Representatives, and the

3 Committee on Finance of the Senate; and

4 (B) with regard to any negotiations and

5 agreement relating to agricultural trade, also

6 consult closely and on a timely basis (including

7 immediately before initialing an agreement)

8 with, and keep fully apprised of the negotia9 tions, the Committee on Agriculture of the

10 House of Representatives and the Committee

11 on Agriculture, Nutrition, and Forestry of the

12 Senate.

13 (e) ADHERENCE TO OBLIGATIONS UNDER URUGUAY

14 ROUND AGREEMENTS.—In determining whether to enter

15 into negotiations with a particular country, the President

16 shall take into account the extent to which that country

17 has implemented, or has accelerated the implementation

18 of, its obligations under the Uruguay Round Agreements.

19 SEC. 3. TRADE AGREEMENTS AUTHORITY.

20 (a) AGREEMENTS REGARDING TARIFF BARRIERS.—

21 (1) IN GENERAL.—Whenever the President de22 termines that one or more existing duties or other

23 import restrictions of any foreign country or the

24 United States are unduly burdening and restricting

25 the foreign trade of the United States and that the
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1 purposes, policies, and objectives of this Act will be

2 promoted thereby, the President—

3 (A) may enter into trade agreements with

4 foreign countries, and

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

6 (3), proclaim—

7 (i) such modification or continuance

8 of any existing duty,

9 (ii) such continuance of existing duty10 free or excise treatment, or

11 (iii) such additional duties,

12 as the President determines to be required or

13 appropriate to carry out any such trade agree14 ment.

15 The President shall notify the Congress of the Presi16 dent’s intention to enter into an agreement under

17 this subsection.

18 (2) LIMITATIONS.—No proclamation may be

19 made under paragraph (1) that—

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

21 rate of duty that does not exceed 5 percent ad

22 valorem on the date of the enactment of this

23 Act) to a rate of duty which is less than 50 per24 cent of the rate of such duty that applies on

25 such date of enactment;
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1 (B) notwithstanding any other provision of

2 this Act, reduces the rate of duty below that ap3 plicable under the Uruguay Round Agreements,

4 on any agricultural product which was the sub5 ject of tariff reductions by the United States as

6 a result of the Uruguay Round Agreements, for

7 which the rate of duty, pursuant to such Agree8 ments, was reduced on January 1, 1995, to a

9 rate which was not less than 97.5 percent of

10 the rate of duty that applied to such article on

11 December 31, 1994; or

12 (C) increases any rate of duty above the

13 rate that applied on January 1, 2001.

14 (3) AGGREGATE REDUCTION; EXEMPTION FROM

15 STAGING.—

16 (A) AGGREGATE REDUCTION.—Except as

17 provided in subparagraph (B), the aggregate re18 duction in the rate of duty on any article which

19 is in effect on any day pursuant to a trade

20 agreement entered into under paragraph (1)

21 shall not exceed the aggregate reduction which

22 would have been in effect on such day if—

23 (i) a reduction of 3 percent ad valo24 rem or a reduction of one-tenth of the total

25 reduction, whichever is greater, had taken
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1 effect on the effective date of the first re2 duction proclaimed under paragraph (1) to

3 carry out such agreement with respect to

4 such article; and

5 (ii) a reduction equal to the amount

6 applicable under clause (i) had taken effect

7 at 1-year intervals after the effective date

8 of such first reduction.

9 (B) EXEMPTION FROM STAGING.—No

10 staging is required under subparagraph (A)

11 with respect to a duty reduction that is pro12 claimed under paragraph (1) for an article of a

13 kind that is not produced in the United States.

14 The United States International Trade Com15 mission shall advise the President of the iden16 tity of articles that may be exempted from stag17 ing under this subparagraph.

18 (4) ROUNDING.—If the President determines

19 that such action will simplify the computation of re20 ductions under paragraph (3), the President may

21 round an annual reduction by an amount equal to

22 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) OTHER LIMITATIONS.—A rate of duty re3 duction that may not be proclaimed by reason of

4 paragraph (2) may take effect only if a provision au5 thorizing such reduction is included within an imple6 menting bill provided for under section 5 and that

7 bill is enacted into law.

8 (6) OTHER TARIFF MODIFICATIONS.—Notwith9 standing paragraphs (1)(B) and (2) through (5),

10 and subject to the consultation and layover require11 ments of section 115 of the Uruguay Round Agree12 ments Act, the President may proclaim the modifica13 tion of any duty or staged rate reduction of any duty

14 set forth in Schedule XX, as defined in section 2(5)

15 of that Act, if the United States agrees to such

16 modification or staged rate reduction in a negotia17 tion for the reciprocal elimination or harmonization

18 of duties under the auspices of the World Trade Or19 ganization or as part of an interim agreement lead20 ing to the formation of a regional free-trade area.

21 (7) AUTHORITY UNDER URUGUAY ROUND

22 AGREEMENTS ACT NOT AFFECTED.—Nothing in this

23 subsection shall limit the authority provided to the

24 President under section 111(b) of the Uruguay

25 Round Agreements Act (19 U.S.C. 3521(b)).
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1 (b) AGREEMENTS REGARDING TARIFF AND NON2 TARIFF BARRIERS.—

3 (1) IN GENERAL.—(A) Whenever the President

4 determines that—

5 (i) one or more existing duties or any other

6 import restriction of any foreign country or the

7 United States or any other barrier to, or other

8 distortion of, international trade unduly bur9 dens or restricts the foreign trade of the United

10 States or adversely affects the United States

11 economy, or

12 (ii) the imposition of any such barrier or

13 distortion is likely to result in such a burden,

14 restriction, or effect,

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

16 Act will be promoted thereby, the President may,

17 subject to section 4, enter into a trade agreement

18 described in subparagraph (B).

19 (B) The President may enter into a trade

20 agreement under subparagraph (A) with foreign

21 countries providing for—

22 (i) the reduction or elimination of a duty,

23 restriction, barrier, or other distortion described

24 in subparagraph (A), or
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1 (ii) the prohibition of, or limitation on the

2 imposition of, such barrier or other distortion.

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

4 entered into under this subsection only if such

5 agreement makes progress in meeting the applicable

6 objectives described in section 2 and the President

7 satisfies the conditions set forth in sections 4 and 5.

8 (c) COMMENCEMENT OF NEGOTIATIONS.—In order

9 to contribute to the continued economic expansion of the

10 United States, the President shall, subject to section 4,

11 commence negotiations covering tariff and nontariff bar12 riers affecting any industry, product, or service sector, in13 cluding negotiations to protect against monopolies and

14 similar restraints on trade, and to expand existing sectoral

15 agreements to countries that are not parties to those

16 agreements, in cases where the President determines that

17 such negotiations are feasible and timely and would ben18 efit the United States. Such sectors include agriculture,

19 commercial services, intellectual property rights, industrial

20 and capital goods, government procurement, information

21 technology products, environmental technology and serv22 ices, medical equipment and services, civil aircraft, and in23 frastructure products.
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1 SEC. 4. PRIOR AUTHORIZATION, CONSULTATIONS, AND AS2 SESSMENT.

3 (a) PRIOR AUTHORIZATION FOR SPECIFIC AGREE4 MENTS.—

5 (1) NOTIFICATION OF COMMISSION.—Except in

6 the case of negotiations with respect to a trade

7 agreement entered into under the auspices of the

8 World Trade Organization, the President, at least

9 180 calendar days before negotiations are proposed

10 to be initiated with respect to a trade agreement

11 under section 3(b), shall notify the Commission on

12 Labor and the Environment established under sec13 tion 9 of the country or countries with which the ne14 gotiations are proposed to be conducted.

15 (2) REPORT OF THE COMMISSION.—The Com16 mission on Labor and the Environment—

17 (A) shall—

18 (i) assess those laws of the country or

19 countries referred to in paragraph (1) that

20 relate to worker rights and protection of

21 the environment;

22 (ii) assess the enforcement of those

23 laws by local authorities in the country or

24 countries; and

25 (iii) make any recommendations on

26 modifications to those laws that should be
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1 pursued in the negotiations in order to

2 achieve the negotiating objectives set forth

3 in section 2(b)(7); and

4 (B) not later than 90 calendar days after

5 receiving the President’s notice under para6 graph (1), submit to the President and the

7 Congress a report on the Commission’s assess8 ments and recommendations under subpara9 graph (A).

10 (3) AUTHORIZING LEGISLATION.—The Presi11 dent may enter into the negotiations with respect to

12 a trade agreement to which paragraph (1) applies if

13 and only if—

14 (A) after the submission of the Commis15 sion’s report on the negotiations under para16 graph (2), the President submits to the Con17 gress the draft of a preauthorization bill con18 sisting only of—

19 (i) a provision authorizing the nego20 tiations;

21 (ii) a provision specifying the country

22 or countries with which the negotiations

23 will be conducted;

24 (iii) provisions specifying the negoti25 ating objectives to be sought in the nego-
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1 tiations, taking into account the report of

2 the Commission submitted with respect to

3 the negotiations; and

4 (iv) a provision stating the date by

5 which the trade agreement will be con6 cluded; and

7 (B) the preauthorization bill is enacted

8 into law.

9 (4) APPLICABILITY OF TRADE PROMOTION PRO10 CEDURES.—The provisions of section 151 of the

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

12 promotion procedures’’) apply to a preauthorization

13 bill of either House of Congress described in para14 graph (23)(A).

15 (5) EXTENSION DISAPPROVAL PROCESS FOR

16 CONGRESSIONAL TRADE PROMOTION PROCE17 DURES.—

18 (A) REPORT TO CONGRESS BY THE PRESI19 DENT.—If the President is of the opinion that

20 the date specified in a preauthorization bill

21 under paragraph (3) for conclusion of a trade

22 agreement should be extended, the President

23 shall submit to the Congress, not later than

24 ll days before the date specified in the

25 preauthorization bill, a written report that con-
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1 tains a request for such extension, together

2 with—

3 (i) a description of the trade agree4 ment being negotiated and the date by

5 which negotiations to conclude such agree6 ment will be completed;

7 (ii) a description of the progress that

8 has been made in negotiations to achieve

9 the purposes, policies, and objectives of

10 this Act, and a statement that such

11 progress justifies the continuation of nego12 tiations; and

13 (iii) a statement of the reasons why

14 the extension is needed to complete the ne15 gotiations.

16 (B) REPORT TO CONGRESS BY THE ADVI17 SORY COMMITTEE.—The President shall

18 promptly inform the Advisory Committee for

19 Trade Policy and Negotiations established

20 under section 135 of the Trade Act of 1974 (19

21 U.S.C. 2155) of the President’s decision to sub22 mit a report to the Congress under subpara23 graph (A). The Advisory Committee shall sub24 mit to the Congress as soon as practicable, but

25 not later than 1 month after being informed of
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1 the President’s decision, a written report that

2 contains—

3 (i) its views regarding the progress

4 that has been made in negotiations to

5 achieve the negotiating objectives set forth

6 in the preauthorization bill enacted that

7 authorized the negotiations; and

8 (ii) a statement of its views, and the

9 reasons therefor, regarding whether the ex10 tension requested under subparagraph (A)

11 should be approved or disapproved.

12 (C) REPORTS MAY BE CLASSIFIED.—The

13 reports submitted to the Congress under sub14 paragraphs (A) and (B), or any portion of such

15 reports, may be classified to the extent the

16 President determines appropriate.

17 (D) EXTENSION OF NEGOTIATING AU18 THORITY.—The date specified in a

19 preauthorization bill under paragraph (3) for

20 conclusion of a trade agreement shall be ex21 tended as specified in the President’s report to

22 Congress under subparagraph (A)(i) if neither

23 House of the Congress adopts an extension dis24 approval resolution before the date specified in
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1 the preauthorization bill referred to in subpara2 graph (A).

3 (E) EXTENSION DISAPPROVAL RESOLU4 TIONS.—(i) For purposes of subparagraph (D),

5 the term ‘‘extension disapproval resolution’’

6 means a resolution of either House of the Con7 gress, the sole matter after the resolving clause

8 of which is as follows: ‘‘That the ll dis9 approves the request of the President for the

10 extension, under section 4(a)(5)(A) of the

11 Trade Negotiating Authority Act of 2001, to

12 ll, 2ll, of the negotiating authority with

13 respect to the trade agreement described in the

14 request submitted to the Congress on ll,

15 2ll.’’, with the first blank space being filled

16 with the name of the resolving House of the

17 Congress, and the second and third blank

18 spaces being filled with the appropriate dates.

19 (F) PROCEDURES.—(i) Extension dis20 approval resolutions—

21 (I) may be introduced in either House

22 of the Congress by any member of such

23 House; and

24 (II) shall be referred, in the House of

25 Representatives, to the Committee on
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1 Ways and Means and, in addition, to the

2 Committee on Rules.

3 (ii) The provisions of sections 152 (d) and

4 (e) of the Trade Act of 1974 (19 U.S.C. 2192

5 (d) and (e)) (relating to the floor consideration

6 of certain resolutions in the House and Senate)

7 apply to extension disapproval resolutions.

8 (iii) It is not in order for—

9 (I) the Senate to consider any exten10 sion disapproval resolution not reported by

11 the Committee on Finance; or

12 (II) the House of Representatives to

13 consider any extension disapproval resolu14 tion not reported by the Committee on

15 Ways and Means and, in addition, by the

16 Committee on Rules.

17 (b) NOTICE AND CONSULTATION BEFORE NEGOTIA18 TION.—

19 (1) IN GENERAL.—The President, with respect

20 to any agreement that is subject to the provisions of

21 section 3(b), shall—

22 (A) in the case of any agreement not sub23 ject to subsection (a) of this section, provide, at

24 least 90 calendar days before initiating negotia25 tions, written notice to the Congress of the
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1 President’s intention to enter into the negotia2 tions and set forth therein the date the Presi3 dent intends to initiate such negotiations, the

4 specific United States objectives for the nego5 tiations, and whether the President intends to

6 seek an agreement, or changes to an existing

7 agreement; and

8 (B) consult regarding the negotiations, be9 fore and after the date that is 90 calendar days

10 before initiating negotiations, with the Com11 mittee on Finance of the Senate and the Com12 mittee on Ways and Means of the House of

13 Representatives and such other committees of

14 the House and Senate as the President deems

15 appropriate.

16 (2) CONSULTATIONS REGARDING NEGOTIA17 TIONS ON CERTAIN OBJECTIVES.—

18 (A) CONSULTATION.—In addition to the

19 requirements set forth in subsection (a) and

20 paragraph (1), before initiating negotiations

21 with respect to a trade agreement subject to

22 section 3(b), where the subject matter of such

23 negotiations is directly related to the principal

24 trade negotiating objectives set forth in section

25 2(b)(1) or section 2(b)(7), the President shall
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1 consult with the Committee on Ways and

2 Means of the House of Representatives and the

3 Committee on Finance of the Senate and with

4 the appropriate advisory groups established

5 under section 135 of the Trade Act of 1974

6 with respect to such negotiations.

7 (B) SCOPE.—The consultations described

8 in subparagraph (A) shall concern the manner

9 in which the negotiation will address the objec10 tive of reducing or eliminating a specific tariff

11 or nontariff barrier or foreign government pol12 icy or practice directly related to trade that de13 creases market opportunities for United States

14 exports or otherwise distorts United States

15 trade.

16 (3) NEGOTIATIONS REGARDING AGRI17 CULTURE.—(A) Before initiating negotiations the

18 subject matter of which is directly related to the

19 subject matter under section 2(b)(6)(A)(i) with any

20 country, the President shall assess whether United

21 States tariffs on agricultural products that were

22 bound under the Uruguay Round Agreements are

23 lower than the tariffs bound by that country. In ad24 dition, the President shall consider whether the tar25 iff levels bound and applied throughout the world
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1 with respect to imports from the United States are

2 higher than United States tariffs and whether the

3 negotiation provides an opportunity to address any

4 such disparity. The President shall consult with the

5 Committee on Ways and Means and the Committee

6 on Agriculture of the House of Representatives and

7 the Committee on Finance and the Committee on

8 Agriculture, Nutrition, and Forestry of the Senate

9 concerning the results of the assessment, whether it

10 is appropriate for the United States to agree to fur11 ther tariff reductions based on the conclusions

12 reached in the assessment, and how all applicable

13 negotiating objectives will be met.

14 (B) Before initiating negotiations to reduce

15 United States tariffs on agricultural products which

16 the President determines to be import sensitive, the

17 President shall consult with the Committee on Ways

18 and Means and the Committee on Agriculture of the

19 House of Representatives and the Committee on Fi20 nance and the Committee on Agriculture, Nutrition,

21 and Forestry of the Senate concerning such tariff

22 reductions. The consultations shall include an as23 sessment of the impact of any tariff reduction on the

24 United States industry producing the product and

25 whether adjustment periods should be provided to
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1 the industry. The President, with the advice of the

2 International Trade Commission, shall determine

3 which agricultural products are import sensitive.

4 (C) Before initiating negotiations with regard

5 to agriculture, the United States Trade Representa6 tive shall—

7 (i) identify those agricultural products sub8 ject to tariff reductions by the United States as

9 a result of the Uruguay Round Agreements, for

10 which the rate of duty was reduced on January

11 1, 1995, to a rate which was not less than 97.5

12 percent of the rate of duty that applied to such

13 article on December 31, 1994;

14 (ii) consult with the Committee on Ways

15 and Means of the House of Representatives and

16 the Committee on Finance of the Senate con17 cerning whether any further tariff reductions on

18 the products identified under clause (i) should

19 be appropriate, taking into account the impact

20 of any such tariff reduction on the United

21 States industry producing the product;

22 (iii) request that the International Trade

23 Commission prepare an assessment of the prob24 able economic effects of the tariff reduction on

25 the United States industry producing the prod-
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1 uct and on the United States economy as a

2 whole; and

3 (iv) upon complying with clauses (i), (ii),

4 and (iii), notify the Committee on Ways and

5 Means of the House of Representatives and the

6 Committee on Finance of the Senate those

7 products identified in clause (i) for which the

8 Trade Representative intends to seek further

9 tariff liberalization in the negotiations.

10 (D) If, after negotiations described in subpara11 graph (C) are commenced—

12 (i) the United States Trade Representative

13 identifies any additional agricultural product

14 described in subparagraph (C)(i) for tariff re15 ductions which were not the subject of a notifi16 cation under subparagraph (C)(iv), or

17 (ii) any additional agricultural product de18 scribed in subparagraph (C)(i) is the subject of

19 a request for tariff reductions by a party to the

20 negotiations,

21 the Trade Representative shall notify the committees

22 referred to in subparagraph (C)(iv) as soon as prac23 ticable of those products.

24 (c) CONSULTATION WITH CONGRESS BEFORE

25 AGREEMENTS ENTERED INTO.—
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1 (1) CONSULTATION.—Before entering into any

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

3 shall consult with—

4 (A) the Committee on Ways and Means of

5 the House of Representatives and the Com6 mittee on Finance of the Senate; and

7 (B) each other committee of the House

8 and the Senate, and each joint committee of the

9 Congress, which has jurisdiction over legislation

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

12 (2) SCOPE.—The consultation described in

13 paragraph (1) shall include consultation with respect

14 to—

15 (A) the nature of the agreement;

16 (B) how and to what extent the agreement

17 will achieve the applicable purposes, policies,

18 and objectives of this Act; and

19 (C) the implementation of the agreement

20 under section 5, including the general effect of

21 the agreement on existing laws.

22 (d) ADVISORY COMMITTEE REPORTS.—The report

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

24 regarding any trade agreement entered into under section

25 3 (a) or (b) of this Act shall be provided to the President,
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1 the Congress, and the United States Trade Representative

2 not later than 30 days after the date on which the Presi3 dent notifies the Congress under section 3(a)(1) or

4 5(a)(1)(A) of the President’s intention to enter into the

5 agreement.

6 (e) ITC ASSESSMENT.—

7 (1) IN GENERAL.—The President, at least 90

8 calendar days before the day on which the President

9 enters into a trade agreement under section 3(b),

10 shall provide the International Trade Commission

11 (referred to in this subsection as ‘‘the Commission’’)

12 with the details of the agreement as it exists at that

13 time and request the Commission to prepare and

14 submit an assessment of the agreement as described

15 in paragraph (2). Between the time the President

16 makes the request under this paragraph and the

17 time the Commission submits the assessment, the

18 President shall keep the Commission current with

19 respect to the details of the agreement.

20 (2) ITC ASSESSMENT.—Not later than 90 cal21 endar days after the President enters into the agree22 ment, the Commission shall submit to the President

23 and Congress a report assessing the likely impact of

24 the agreement on the United States economy as a

25 whole and on specific industry sectors, including the
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1 impact the agreement will have on the gross domes2 tic product, exports and imports, aggregate employ3 ment and employment opportunities, the production,

4 employment, and competitive position of industries

5 likely to be significantly affected by the agreement,

6 and the interests of United States consumers.

7 (3) REVIEW OF EMPIRICAL LITERATURE.—In

8 preparing the assessment, the Commission shall re9 view available economic assessments regarding the

10 agreement, including literature regarding any sub11 stantially equivalent proposed agreement, and shall

12 provide in its assessment a description of the anal13 yses used and conclusions drawn in such literature,

14 and a discussion of areas of consensus and diver15 gence between the various analyses and conclusions,

16 including those of the Commission regarding the

17 agreement.

18 SEC. 5. 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) in the case of a trade agreement en25 tered into other than under the auspices of the
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1 World Trade Organization, a preauthorization

2 bill was enacted into law under section 4(a) and

3 any extension requested under section

4 4(a)(5)(A) became effective under section

5 4(a)(5)(E);

6 (B) the President, at least 90 calendar

7 days before the day on which the President en8 ters into the trade agreement, notifies the

9 House of Representatives and the Senate of the

10 President’s intention to enter into the agree11 ment, and promptly thereafter publishes notice

12 of such intention in the Federal Register;

13 (C) within 60 days after entering into the

14 agreement, the President submits to the Con15 gress a description of those changes to existing

16 laws that the President considers would be re17 quired in order to bring the United States into

18 compliance with the agreement;

19 (D) after entering into the agreement, the

20 President submits to the Congress a copy of the

21 final legal text of the agreement, together

22 with—

23 (i) a draft of an implementing bill de24 scribed in section paragraph (2);
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1 (ii) a statement of any administrative

2 action proposed to implement the trade

3 agreement; and

4 (iii) the supporting information de5 scribed in paragraph (3); and

6 (E) the implementing bill is enacted into

7 law.

8 (2) BILLS QUALIFYING FOR TRADE AUTHORI9 TIES PROCEDURES.—The implementing bill referred

10 to in paragraph (1)(D)(i) is a bill of either House

11 of Congress consisting only of—

12 (A) a provision approving a trade agree13 ment entered into under section 3(b) and ap14 proving the statement of administrative action,

15 if any, proposed to implement such trade agree16 ment,

17 (B) provisions directly related to the prin18 cipal trade negotiating objectives set forth in

19 section 2(b) and the negotiating objectives set

20 forth in any preauthorization bill enacted under

21 section 4(a)(3) achieved in such trade agree22 ment, if those provisions are necessary for the

23 operation or implementation of United States

24 rights or obligations under such trade agree25 ment,
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1 (C) provisions that define and clarify, or

2 provisions that are related to, the operation or

3 effect of the provisions of the trade agreement,

4 (D) provisions to provide adjustment as5 sistance to workers and firms adversely affected

6 by trade, and

7 (E) provisions necessary for purposes of

8 complying with section 252 of the Balanced

9 Budget and Emergency Deficit Control Act of

10 1985 in implementing the trade agreement,

11 The provisions of section 151 of the Trade Act of

12 1974 (in this Act referred to as ‘‘trade promotion

13 procedures’’) apply to implementing bills under this

14 paragraph to the same extent as such section 151

15 applies to implementing bills under that section. A

16 bill to which this paragraph applies shall hereafter

17 in this Act be referred to as an ‘‘implementing bill’’.

18 (3) SUPPORTING INFORMATION.—The sup19 porting information required under paragraph

20 (1)(D)(iii) consists of—

21 (A) an explanation as to how the imple22 menting bill and proposed administrative action

23 will change or affect existing law; and

24 (B) a statement—
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1 (i) asserting that the agreement

2 makes progress in achieving the applicable

3 purposes, policies, and objectives of this

4 Act; and

5 (ii) setting forth the reasons of the

6 President regarding—

7 (I) how and to what extent the

8 agreement makes progress in achiev9 ing the applicable purposes, policies,

10 and objectives referred to in clause (i);

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

14 (III) how the agreement serves

15 the interests of United States com16 merce; and

17 (IV) how the implementing bill

18 meets the standards set forth in para19 graph (2).

20 (4) RECIPROCAL BENEFITS.—In order to en21 sure that a foreign country that is not a party to a

22 trade agreement entered into under section 3(b)

23 does not receive benefits under the agreement unless

24 the country is also subject to the obligations under

25 the agreement, the implementing bill submitted with
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1 respect to the agreement shall provide that the bene2 fits and obligations under the agreement apply only

3 to the parties to the agreement, if such application

4 is consistent with the terms of the agreement. The

5 implementing bill may also provide that the benefits

6 and obligations under the agreement do not apply

7 uniformly to all parties to the agreement, if such ap8 plication is consistent with the terms of the agree9 ment.

10 (b) LIMITATIONS ON TRADE PROMOTION PROCE11 DURES.—

12 (1) FOR LACK OF NOTICE OR CONSULTA13 TIONS.—

14 (A) IN GENERAL.—The trade promotion

15 procedures shall not apply to any implementing

16 bill submitted with respect to a trade agreement

17 entered into under section 3(b) if during the

18 60-day period beginning on the date that one

19 House of Congress agrees to a procedural dis20 approval resolution for lack of notice or con21 sultations with respect to that trade agreement,

22 the other House separately agrees to a proce23 dural disapproval resolution with respect to that

24 agreement.
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1 (B) PROCEDURAL DISAPPROVAL RESOLU2 TION.—For purposes of this paragraph, the

3 term ‘‘procedural disapproval resolution’’ means

4 a resolution of either House of Congress, the

5 sole matter after the resolving clause of which

6 is as follows: ‘‘That the President has failed or

7 refused to notify or consult (as the case may

8 be) with Congress in accordance with section 4

9 (b) or (c) or section 5 of the Trade Negotiating

10 Authority Act of 2001 on negotiations with re11 spect to llllll and, therefore, the trade

12 promotion procedures under that Act shall not

13 apply to any implementing bill submitted with

14 respect to that trade agreement.’’, with the

15 blank space being filled with a description of

16 the trade agreement with respect to which the

17 President is considered to have failed or refused

18 to notify or consult.

19 (2) PROCEDURES FOR CONSIDERING RESOLU20 TIONS.—(A) Procedural disapproval resolutions—

21 (i) in the House of Representatives—

22 (I) shall be introduced by the chair23 man or ranking minority member of the

24 Committee on Ways and Means or the
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1 chairman or ranking minority member of

2 the Committee on Rules;

3 (II) shall be referred to the Com4 mittee on Ways and Means and, in addi5 tion, to the Committee on Rules; and

6 (III) may not be amended by either

7 Committee; and

8 (ii) in the Senate shall be original resolu9 tions of the Committee on Finance.

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

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

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

13 resolutions in the House and Senate) apply to proce14 dural disapproval resolutions.

15 (C) It is not in order for the House of Rep16 resentatives to consider any procedural disapproval

17 resolution not reported by the Committee on Ways

18 and Means and, in addition, by the Committee on

19 Rules.

20 (c) RULES OF HOUSE OF REPRESENTATIVES AND

21 SENATE.—Subsection (b) of this section and section

22 4(a)(5) are enacted by the Congress—

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

24 the House of Representatives and the Senate, re25 spectively, and as such are deemed a part of the
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1 rules of each House, respectively, and such proce2 dures supersede other rules only to the extent that

3 they are inconsistent with such other rules; and

4 (2) with the full recognition of the constitu5 tional right of either House to change the rules (so

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

7 any time, in the same manner, and to the same ex8 tent as any other rule of that House.

9 SEC. 6. TREATMENT OF CERTAIN TRADE AGREEMENTS.

10 (a) CERTAIN AGREEMENTS.—Notwithstanding sec11 tion 3(b)(2), if an agreement to which section 3(b) applies

12 is entered into with Jordan or Vietnam, and results from

13 negotiations that were commenced before the date of the

14 enactment of this Act, subsection (b) shall apply.

15 (b) TREATMENT OF AGREEMENTS.—In the case of

16 any agreement to which subsection (a) applies—

17 (1) the applicability of the trade promotion pro18 cedures to implementing bills shall be determined

19 without regard to the requirements of section 4 (a)

20 or (b), and any procedural disapproval resolution

21 under section 5(b)(1)(B) shall not be in order on the

22 basis of a failure or refusal to comply with the provi23 sions of section 4 (a) or (b); and

24 (2) the President shall consult regarding the

25 negotiations described in subsection (a) with the
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1 committees described in section 4(b)(1)(B) as soon

2 as feasible after the enactment of this Act.

3 (c) MULTILATERAL AGREEMENT ON INVESTMENT.—

4 Notwithstanding any other provision of this Act, the trade

5 promotion procedures shall not apply to the Multilateral

6 Agreement on Investment concluded under the auspices

7 of the Organization for Economic Cooperation and Devel8 opment.

9 SEC. 7. CONGRESSIONAL OVERSIGHT GROUPS.

10 (a) APPOINTMENT AND FUNCTIONS.—Not later than

11 60 days before initiating negotiations with respect to any

12 agreement that is subject to the provisions of section

13 3(b)—

14 (1) the Speaker of the House of Representa15 tives, upon the recommendation of the chairman of

16 the Committee on Ways and Means, shall appoint 5

17 members (not more than 3 of whom are members

18 of the same political party) of such committee, and

19 (2) the President pro tempore of the Senate,

20 upon the recommendation of the chairman of the

21 Committee on Finance, shall appoint 5 members

22 (not more than 3 of whom are members of the same

23 political party) of such committee,

24 to serve as members of a Congressional Oversight Group

25 for the negotiations. Each such member shall be accred-
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1 ited by the United States Trade Representative on behalf

2 of the President as official advisers to the United States

3 delegation in the negotiations. Members of the Congres4 sional Oversight Group shall consult with and provide ad5 vice to the Trade Representative regarding the formula6 tion of specific objectives, negotiating strategies and posi7 tions, and the development of the trade agreement.

8 (b) ADDITIONAL MEMBERS.—

9 (1) AUTHORITY TO APPOINT.—In addition to

10 the members designated under subsection (a) for a

11 Congressional Oversight Group—

12 (A) the Speaker of the House of Rep13 resentatives may appoint additional members of

14 the House from any other committee of the

15 House or joint committee of Congress to serve

16 as members of the Congressional Oversight

17 Group; and

18 (B) the President pro tempore of the Sen19 ate may appoint additional members of the Sen20 ate from any other committee of the Senate or

21 joint committee of Congress to serve as mem22 bers of the Congressional Oversight Group.

23 Members of the House and Senate appointed under

24 this paragraph shall be accredited by the United

25 States Trade Representative.
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1 (2) CONSULTATIONS.—Before designating any

2 member under paragraph (1), the Speaker or the

3 President pro tempore shall consult with—

4 (A) the chairman and ranking minority

5 member of the Committee on Ways and Means

6 and the Committee on Finance, as appropriate;

7 and

8 (B) the chairman and ranking minority

9 member of the committee from which the mem10 ber will be appointed.

11 (3) AFFILIATION.—Not more than 2 members

12 may be appointed under this subsection as members

13 of any Congressional Oversight Group from any 1

14 committee of Congress. If 2 members are appointed

15 from 1 committee, they must be from different polit16 ical parties, and the total members from any polit17 ical party appointed under this subsection for any

18 Congressional Oversight Group may not exceed the

19 total number of members from any other political

20 party.

21 (c) GUIDELINES.—

22 (1) PURPOSE AND REVISION.—Within 120 days

23 after the date of the enactment of this Act, the

24 United States Trade Representative shall develop

25 written guidelines, in consultation with the chairmen
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1 and ranking minority members of the Committee on

2 Ways and Means of the House of Representatives

3 and the Committee on Finance of the Senate, to fa4 cilitate the useful and timely exchange of informa5 tion between the Trade Representative and the Con6 gressional Oversight Groups established under this

7 section. The Trade Representative may revise the

8 guidelines from time to time as needed following fur9 ther such consultation.

10 (2) CONTENT.—The guidelines developed under

11 paragraph (1) shall provide for, among other

12 things—

13 (A) regular, detailed briefings of each Con14 gressional Oversight Group regarding negoti15 ating objectives and positions and status of the

16 negotiations with respect to which the group

17 was appointed, beginning as soon as practicable

18 after the appointment of the members of the

19 group, with more frequent briefings as trade

20 negotiations enter the final stage;

21 (B) access by members of each Congres22 sional Oversight Group, and staff with proper

23 security clearances, to pertinent documents re24 lating to the negotiations, including classified

25 materials; and
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1 (C) the closest practicable coordination be2 tween the Trade Representative and each Con3 gressional Oversight Group at all critical peri4 ods during the negotiations, including at nego5 tiation sites.

6 SEC. 8. ADDITIONAL IMPLEMENTATION AND ENFORCE7 MENT REQUIREMENTS.

8 (a) IN GENERAL.—At the time the President submits

9 the final text of an agreement pursuant to section

10 5(a)(1)(D), the President shall also submit a plan for im11 plementing and enforcing the agreement. The implementa12 tion and enforcement plan shall include the following:

13 (1) BORDER PERSONNEL REQUIREMENTS.—A

14 description of additional personnel required at bor15 der entry points, including a list of additional cus16 toms and agricultural inspectors.

17 (2) AGENCY STAFFING REQUIREMENTS.—A de18 scription of additional personnel required by Federal

19 agencies responsible for monitoring and imple20 menting the trade agreement, including personnel

21 required by the Office of the United States Trade

22 Representative, the Department of Commerce, the

23 Department of Agriculture, and the Department of

24 the Treasury.
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1 (3) CUSTOMS INFRASTRUCTURE REQUIRE2 MENTS.—A description of the additional equipment

3 and facilities needed by the United States Customs

4 Service.

5 (4) IMPACT ON STATE AND LOCAL GOVERN6 MENTS.—A description of the impact the trade

7 agreement will have on State and local governments

8 as a result of increases in trade.

9 (5) COST ANALYSIS.—An analysis of the costs

10 associated with each of the items listed in para11 graphs (1) through (4).

12 (b) BUDGET SUBMISSION.—The President shall in13 clude a request for the resources necessary to support the

14 plan described in subsection (a) in the first budget the

15 President submits to Congress after the submission of the

16 plan.

17 SEC. 9. COMMISSION ON LABOR AND THE ENVIRONMENT

18 (a) ESTABLISHMENT.—There is established the Com19 mission on Labor and the Environment (in this section

20 referred to as the ‘‘Commission’’).

21 (b) DUTIES OF COMMISSION.—The Commission

22 shall—

23 (1) carry out section 4(a)(2) of this Act fol24 lowing the notification of the President under sec25 tion 4(a)(1); and
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1 (2) prepare reports on the laws of any country

2 that relate to worker rights or protection of the envi3 ronment, pursuant to resolution of either the Com4 mittee on Ways and Means of the House of Rep5 resentatives or the Committee on Finance of the

6 Senate.

7 (c) MEMBERSHIP.—

8 (1) NUMBER AND APPOINTMENT.—The Com9 mission shall be composed of 12 members appointed

10 by the President as follows:

11 (A) 3 members who shall be appointed

12 from among officers and employees of the Of13 fice of the United States Trade Representative

14 who have expertise in labor and environmental

15 issues.

16 (B) 3 members who shall be appointed

17 from among officers and employees of the Envi18 ronmental Protection Agency.

19 (C) 3 members who shall be appointed

20 from among officers and employees of the De21 partment of Labor.

22 (D) 1 member who shall be a representa23 tive of the business community.

24 (E) 1 member who shall be a representa25 tive of labor organizations.
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1 (F) 1 member who shall be a representa2 tive of nongovernmental organizations with ex3 pertise in environmental issues.

4 (2) CONTINUATION OF MEMBERSHIP.—If a

5 member was appointed to the Commission as an of6 ficer or employee of an agency and the member

7 ceases to be such an officer or employee, or was ap8 pointed under subparagraph (D), (E), or (F) of

9 paragraph (1) and ceases to be representative of the

10 group he or she was chosen to represent, that mem11 ber may continue as a member for not longer than

12 the 30-day period beginning on the date that mem13 ber ceases to be such an officer or employee or such

14 a representative, as the case may be.

15 (3) TERMS.—

16 (A) IN GENERAL.—Each member shall be

17 appointed for a term of 4 years, except as pro18 vided in subparagraphs (B) and (C).

19 (B) TERMS OF INITIAL APPOINTEES.—As

20 designated by the President at the time of ap21 pointment, of the members first appointed—

22 (i) 3 shall be appointed for terms of

23 1 year;

24 (ii) 3 shall be appointed for terms of

25 2 years; and
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1 (iii) 3 shall be appointed for terms of

2 3 years.

3 (C) VACANCIES.—Any member appointed

4 to fill a vacancy occurring before the expiration

5 of the term for which the member’s predecessor

6 was appointed shall be appointed only for the

7 remainder of that term. A member may serve

8 after the expiration of that member’s term until

9 a successor has taken office. A vacancy in the

10 Commission shall be filled in the manner in

11 which the original appointment was made.

12 (4) BASIC PAY.—

13 (A) RATES OF PAY.—Except as provided

14 in subparagraph (B), members shall each be

15 paid the daily equivalent of the annual rate of

16 basic pay for level V of the Executive Schedule

17 for each day (including travel time) during

18 which they are engaged in the actual perform19 ance of duties vested in the Commission.

20 (B) PROHIBITION OF COMPENSATION OF

21 FEDERAL EMPLOYEES.—Members of the Com22 mission who are full-time officers or employees

23 of the United States may not receive additional

24 pay, allowances, or benefits by reason of their

25 service on the Commission.
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1 (C) TRAVEL EXPENSES.—Each member

2 shall receive travel expenses, including per diem

3 in lieu of subsistence, in accordance with appli4 cable provisions under subchapter I of chapter

5 57 of title 5, United States Code.

6 (5) QUORUM.—7 members of the Commission

7 shall constitute a quorum but a lesser number may

8 hold hearings.

9 (6) CHAIRPERSON.—The Chairperson of the

10 Commission shall be designated by the President at

11 the time of the appointment. The term of office of

12 the Chairperson shall be 2 years.

13 (7) MEETINGS.—The Commission shall meet at

14 the call of the Chairperson or a majority of its mem15 bers.

16 (d) COMMISSION PERSONNEL MATTERS.—

17 (1) IN GENERAL.—The Commission may, with18 out regard to the civil service laws and regulations,

19 appoint and terminate an Executive Director and

20 such other additional personnel as may be necessary

21 to enable the Commission to perform its duties.

22 (2) COMPENSATION.—The Commission may fix

23 the compensation of the Executive Director and

24 other personnel without regard to the provisions of

25 chapter 51 and subchapter III of chapter 53 of title
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1 5, United States Code, relating to classification of

2 positions and General Schedule pay rates, except

3 that the rate of pay for the Executive Director and

4 other personnel may not exceed the rate payable for

5 level V of the Executive Schedule under section 5316

6 of such title.

7 (3) STAFF AND SERVICES OF OTHER FEDERAL

8 AGENCIES.—Upon the request of the Commission,

9 the head of any Federal department or agency may

10 detail, on a reimbursable or nonreimbursable basis,

11 any of the personnel of that department or agency

12 to the Commission to assist it in carrying out its

13 functions. The detail of any such personnel shall be

14 without interruption or loss of civil service or For15 eign Service status or privilege.

16 (4) EXPERTS AND CONSULTANTS.—The Com17 mission may procure temporary and intermittent

18 services under section 3109(b) of title 5, United

19 States Code, but at rates for individuals not to ex20 ceed the daily equivalent of the annual rate of pay

21 payable level V of the Executive Schedule under sec22 tion 5316 of such title.

23 (e) POWERS OF COMMISSION.—

24 (1) HEARINGS AND SESSIONS.—The Commis25 sion may, for the purpose of carrying out its func-
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1 tions, hold hearings, sit and act at times and places,

2 take testimony, and receive evidence as the Commis3 sion considers appropriate.

4 (2) INFORMATION FROM FEDERAL AGENCIES.—

5 The Commission may secure directly from any Fed6 eral department or agency such information as the

7 Commission considers necessary to carry out the

8 provisions of this section. Upon request of the Chair9 person of the Commission, the head of such depart10 ment or agency shall furnish such information to the

11 Commission, subject to applicable law.

12 (3) POSTAL SERVICES.—The Commission may

13 use the United States mails in the same manner and

14 under the same conditions as other departments and

15 agencies of the Federal Government.

16 (4) ADMINISTRATIVE PROCEDURES.—The Com17 mission may adopt such rules and regulations, relat18 ing to administrative procedure, as may be reason19 ably necessary to enable it to carry out its functions.

20 (5) POWERS OF MEMBERS AND AGENTS.—Any

21 member or agent of the Commission may, if author22 ized by the Commission, take any action which the

23 Commission is authorized to take by this subsection.

24 (6) GIFTS, BEQUESTS, AND DEVISES.—The

25 Commission may accept, use, and dispose of gifts,
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1 bequests, or devises of services or property, both real

2 and personal, for the purpose of aiding or facili3 tating the work of the Commission. Gifts, bequests,

4 or devises of money and proceeds from sales of other

5 property received as gifts, bequests, or devises shall

6 be deposited in the Treasury and shall be available

7 for disbursement upon order of the Commission. For

8 purposes of Federal income, estate, and gift taxes,

9 property accepted under this subsection shall be con10 sidered as a gift, bequest, or devise to the United

11 States.

12 (7) ADMINISTRATIVE SUPPORT SERVICES.—

13 Upon the request of the Commission, the Adminis14 trator of General Services shall provide to the Com15 mission, on a reimbursable basis, the administrative

16 support services necessary for the Commission to

17 carry out its functions.

18 (8) CONTRACT AUTHORITY.—To the extent or

19 in the amounts provided in advance in appropriation

20 Acts, the Commission may contract with and com21 pensate government and private agencies or persons

22 for the conduct of activities necessary to the dis23 charge of its functions.
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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated such sums as may be nec3 essary to carry out this section.

4 SEC. 10. CONFORMING AMENDMENTS.

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

6 (19 U.S.C. 2111 et seq.) is amended as follows:

7 (1) IMPLEMENTING BILL.—

8 (A) Section 151(b)(1) (19 U.S.C.

9 2191(b)(1)) is amended by striking ‘‘, section

10 1103(a)(1) of the Omnibus Trade and Competi11 tiveness Act of 1988,’’.

12 (B) Section 151(c)(1) (19 U.S.C.

13 2191(c)(1)) is amended by striking ‘‘or section

14 282 of the Uruguay Round Agreements Act’’

15 and inserting ‘‘, section 282 of the Uruguay

16 Round Agreements Act, or section 5(a)(1) of

17 the Trade Negotiating Authority Act of 2001’’.

18 (2) ADVICE FROM INTERNATIONAL TRADE COM19 MISSION.—Section 131 (19 U.S.C. 2151) is

20 amended—

21 (A) in subsection (a)—

22 (i) in paragraph (1), by striking ‘‘sec23 tion 123 of this Act or section 1102 (a) or

24 (c) of the Omnibus Trade and Competitive25 ness Act of 1988,’’ and inserting ‘‘section
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1 123 of this Act or section 3 (a) or (b) of

2 the Trade Negotiating Authority Act of

3 2001,’’; and

4 (ii) in paragraph (2), by striking ‘‘sec5 tion 1102 (b) or (c) of the Omnibus Trade

6 and Competitiveness Act of 1988’’ and in7 serting ‘‘section 3(b) of the Trade Negoti8 ating Authority Act of 2001’’;

9 (B) in subsection (b), by striking ‘‘section

10 1102(a)(3)(A)’’ and inserting ‘‘section

11 3(a)(3)(A) of the Trade Negotiating Authority

12 Act of 2001’’ before the end period; and

13 (C) in subsection (c), by striking ‘‘section

14 1102 of the Omnibus Trade and Competitive15 ness Act of 1988,’’ and inserting ‘‘section 3 of

16 the Trade Negotiating Authority Act of 2001,’’.

17 (3) HEARINGS AND ADVICE.—Sections 132,

18 133(a), and 134(a) (19 U.S.C. 2152, 2153(a), and

19 2154(a)) are each amended by striking ‘‘section

20 1102 of the Omnibus Trade and Competitiveness

21 Act of 1988,’’ each place it appears and inserting

22 ‘‘section 3 of the Trade Negotiating Authority Act

23 of 2001,’’.

24 (4) PREREQUISITES FOR OFFERS.—Section

25 134(b) (19 U.S.C. 2154(b)) is amended by striking
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1 ‘‘section 1102 of the Omnibus Trade and Competi2 tiveness Act of 1988’’ and inserting ‘‘section 3 of the

3 Trade Negotiating Authority Act of 2001’’.

4 (5) ADVICE FROM PRIVATE AND PUBLIC SEC5 TORS.—Section 135 (19 U.S.C. 2155) is amended—

6 (A) in subsection (a)(1)(A), by striking

7 ‘‘section 1102 of the Omnibus Trade and Com8 petitiveness Act of 1988’’ and inserting ‘‘section

9 3 of the Trade Negotiating Authority Act of

10 2001’’;

11 (B) in subsection (e)(1)—

12 (i) by striking ‘‘section 1102 of the

13 Omnibus Trade and Competitiveness Act

14 of 1988’’ each place it appears and insert15 ing ‘‘section 3 of the Trade Negotiating

16 Authority Act of 2001’’; and

17 (ii) by striking ‘‘section 1103(a)(1)(A)

18 of such Act of 1988’’ and inserting ‘‘sec19 tion 5(a)(1)(B) of the Trade Negotiating

20 Authority Act of 2001’’; and

21 (C) in subsection (e)(2), by striking ‘‘sec22 tion 1101 of the Omnibus Trade and Competi23 tiveness Act of 1988’’ and inserting ‘‘section 2

24 of the Trade Negotiating Authority Act of

25 2001’’.
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1 (6) TRANSMISSION OF AGREEMENTS TO CON2 GRESS.—Section 162(a) (19 U.S.C. 2212(a)) is

3 amended by striking ‘‘or under section 1102 of the

4 Omnibus Trade and Competitiveness Act of 1988’’

5 and inserting ‘‘or under section 3 of the Trade Ne6 gotiating Authority Act of 2001’’.

7 (b) APPLICATION OF CERTAIN PROVISIONS.—For

8 purposes of applying sections 125, 126, and 127 of the

9 Trade Act of 1974 (19 U.S.C. 2135, 2136(a), and

10 2137)—

11 (1) any trade agreement entered into under sec12 tion 3 shall be treated as an agreement entered into

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

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

15 (2) any proclamation or Executive order issued

16 pursuant to a trade agreement entered into under

17 section 3 shall be treated as a proclamation or Exec18 utive order issued pursuant to a trade agreement en19 tered into under section 102 of the Trade Act of

20 1974.

21 SEC. 11. DEFINITIONS.

22 In this Act:

23 (1) UNITED STATES PERSON.—The term

24 ‘‘United States person’’ means—

25 (A) a United States citizen;
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1 (B) a partnership, corporation, or other

2 legal entity organized under the laws of the

3 United States; and

4 (C) a partnership, corporation, or other

5 legal entity that is organized under the laws of

6 a foreign country and is controlled by entities

7 described in subparagraph (B) or United States

8 citizens, or both.

9 (2) URUGUAY ROUND AGREEMENTS.—The term

10 ‘‘Uruguay Round Agreements’’ has the meaning

11 given that term in section 2(7) of the Uruguay

12 Round Agreements Act (19 U.S.C. 3501(7)).

13 (3) WORLD TRADE ORGANIZATION.—The term

14 ‘‘World Trade Organization’’ means the organization

15 established pursuant to the WTO Agreement.

16 (4) WTO AGREEMENT.—The term ‘‘WTO

17 Agreement’’ means the Agreement Establishing the

18 World Trade Organization entered into on April 15,

19 1994.

Æ