I

107TH CONGRESS

1ST SESSION H. R. 2149

To extend trade authorities procedures with respect to reciprocal trade

agreements.

IN THE HOUSE OF REPRESENTATIVES

JUNE 13, 2001

Mr. CRANE (for himself, Mr. THOMAS, Mr. DREIER, Mr. HASTERT, Mr.

ARMEY, Mr. DELAY, Mr. COMBEST, Mr. KOLBE, Mr. SHAW, Mrs. JOHNSON of Connecticut, Mr. HOUGHTON, Mr. HERGER, Mr. MCCRERY, Mr.

CAMP, Mr. RAMSTAD, Mr. NUSSLE, Mr. SAM JOHNSON of Texas, Ms.

DUNN of Washington, Mr. COLLINS, Mr. PORTMAN, Mr. WATKINS of

Oklahoma, Mr. HAYWORTH, Mr. WELLER, Mr. HULSHOF, Mr. LEWIS of

Kentucky, Mr. BRADY of Texas, Mr. RYAN of Wisconsin, Mr. BASS, Mr.

BEREUTER, Mrs. BIGGERT, Mr. BLUNT, Mr. CANTOR, Mr. CALVERT, Mr.

COX, Mr. CUNNINGHAM, Mr. DICKS, Mr. FLAKE, Mr. FRELINGHUYSEN,

Mr. GOSS, Mr. HASTINGS of Washington, Mr. HYDE, Mr. ISSA, Mr.

JOHNSON of Illinois, Mr. KELLER, Mr. KIRK, Mr. KNOLLENBERG, Mr.

LAHOOD, Mr. LINDER, Mr. MCINNIS, Mr. MANZULLO, Mr. OSBORNE,

Mr. OTTER, Mr. OXLEY, Mr. PENCE, Ms. PRYCE of Ohio, Mr. REYNOLDS, Mr. SCHROCK, Mr. SESSIONS, Mr. SHAYS, Mr. SIMPSON, Mr.

TOOMEY, Mr. WATTS of Oklahoma, and Mrs. WILSON) 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 extend trade authorities procedures with respect to

reciprocal trade agreements.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE AND FINDINGS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Trade Promotion Authority Act of 2001’’.

4 (b) FINDINGS.—The Congress makes the following

5 findings:

6 (1) The expansion of international trade is vital

7 to the national security of the United States. Trade

8 is critical to the economic growth and strength of

9 the United States and to its leadership in the world.

10 Stable trading relationships promote security and

11 prosperity. Trade agreements today serve the same

12 purposes that security pacts played during the Cold

13 War, binding nations together through a series of

14 mutual rights and obligations. Leadership by the

15 United States in international trade fosters open

16 markets, democracy, and peace throughout the

17 world.

18 (2) The national security of the United States

19 depends on its economic security, which in turn is

20 founded upon a vibrant and growing industrial base.

21 Trade expansion has been the engine of economic

22 growth. Trade agreements maximize opportunities

23 for the critical sectors and building blocks of the

24 economy of the United States, such as information

25 technology, telecommunications and other leading

26 technologies, basic industries, capital equipment,
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1 medical equipment, services, agriculture, environ2 mental technology, and intellectual property. Trade

3 will create new opportunities for the United States

4 and preserve the unparalleled strength of the United

5 States in economic, political, and military affairs.

6 The United States, secured by expanding trade and

7 economic opportunities, will meet the challenges of

8 the twenty-first century.

9 SEC. 2. TRADE NEGOTIATING OBJECTIVES.

10 (a) OVERALL TRADE NEGOTIATING OBJECTIVES.—

11 The overall trade negotiating objectives of the United

12 States for agreements subject to the provisions of section

13 3 are—

14 (1) to obtain more open, equitable, and recip15 rocal market access;

16 (2) to obtain the reduction or elimination of

17 barriers and distortions that are directly related to

18 trade and that decrease market opportunities for

19 United States exports or otherwise distort United

20 States trade;

21 (3) to further strengthen the system of inter22 national trading disciplines and procedures, includ23 ing dispute settlement; and
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1 (4) to foster economic growth, raise living

2 standards, and promote full employment in the

3 United States and to enhance the global economy.

4 (b) PRINCIPAL TRADE NEGOTIATING OBJECTIVES.—

5 (1) TRADE BARRIERS AND DISTORTIONS.—The

6 principal negotiating objectives of the United States

7 regarding trade barriers and other trade distortions

8 are—

9 (A) to expand competitive market opportu10 nities for United States exports and to obtain

11 fairer and more open conditions of trade by re12 ducing or eliminating tariff and nontariff bar13 riers and policies and practices of foreign gov14 ernments directly related to trade that decrease

15 market opportunities for United States exports

16 or otherwise distort United States trade; and

17 (B) to obtain reciprocal tariff and non18 tariff barrier elimination agreements, with par19 ticular attention to those tariff categories cov20 ered in section 111(b) of the Uruguay Round

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

22 (2) TRADE IN SERVICES.—The principal negoti23 ating objective of the United States regarding trade

24 in services is to reduce or eliminate barriers to inter25 national trade in services, including regulatory and
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1 other barriers that deny national treatment or un2 reasonably restrict the establishment or operations

3 of service suppliers.

4 (3) FOREIGN INVESTMENT.—The principal ne5 gotiating objective of the United States regarding

6 foreign investment is to reduce or eliminate artificial

7 or trade-distorting barriers to trade-related foreign

8 investment by—

9 (A) reducing or eliminating exceptions to

10 the principle of national treatment;

11 (B) freeing the transfer of funds relating

12 to investments;

13 (C) reducing or eliminating performance

14 requirements, forced technology transfers, and

15 other unreasonable barriers to the establish16 ment and operation of investments;

17 (D) seeking to establish standards for ex18 propriation and compensation for expropriation,

19 consistent with United States legal principles

20 and practice; and

21 (E) providing meaningful procedures for

22 resolving investment disputes.

23 (4) INTELLECTUAL PROPERTY.—The principal

24 negotiating objectives of the United States regarding

25 trade-related intellectual property are—
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1 (A) to further promote adequate and effec2 tive protection of intellectual property rights,

3 including through—

4 (i)(I) ensuring accelerated and full

5 implementation of the Agreement on

6 Trade-Related Aspects of Intellectual

7 Property Rights referred to in section

8 101(d)(15) of the Uruguay Round Agree9 ments Act (19 U.S.C. 3511(d)(15)), par10 ticularly with respect to meeting enforce11 ment obligations under that agreement;

12 and

13 (II) ensuring that the provisions of

14 any multilateral or bilateral trade agree15 ment governing intellectual property rights

16 that is entered into by the United States

17 reflect a standard of protection similar to

18 that found in United States law;

19 (ii) providing strong protection for

20 new and emerging technologies and new

21 methods of transmitting and distributing

22 products embodying intellectual property;

23 (iii) preventing or eliminating dis24 crimination with respect to matters affect25 ing the availability, acquisition, scope,
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1 maintenance, use, and enforcement of in2 tellectual property rights;

3 (iv) ensuring that standards of protec4 tion and enforcement keep pace with tech5 nological developments, and in particular

6 ensuring that rightholders have the legal

7 and technological means to control the use

8 of their works through the internet and

9 other global communication media, and to

10 prevent the unauthorized use of their

11 works; and

12 (v) providing strong enforcement of

13 intellectual property rights, including

14 through accessible, expeditious, and effec15 tive civil, administrative, and criminal en16 forcement mechanisms; and

17 (B) to secure fair, equitable, and non18 discriminatory market access opportunities for

19 United States persons that rely upon intellec20 tual property protection.

21 (5) TRANSPARENCY.—The principal negotiating

22 objective of the United States with respect to trans23 parency is to obtain broader application of the prin24 ciple of transparency through—
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1 (A) increased and more timely public ac2 cess to information regarding trade issues and

3 the activities of international trade institutions;

4 and

5 (B) increased openness of dispute settle6 ment proceedings, including under the World

7 Trade Organization.

8 (6) IMPROVEMENT OF THE WTO AND MULTI9 LATERAL TRADE AGREEMENTS.—The principal ne10 gotiating objectives of the United States regarding

11 the improvement of the World Trade Organization,

12 the Uruguay Round Agreements, and other multilat13 eral and bilateral trade agreements are—

14 (A) to achieve full implementation and ex15 tend the coverage of the World Trade Organiza16 tion and such agreements to products, sectors,

17 and conditions of trade not adequately covered;

18 and

19 (B) to expand country participation in and

20 enhancement of the Information Technology

21 Agreement and other trade agreements.

22 (7) REGULATORY PRACTICES.—The principal

23 negotiating objectives of the United States regarding

24 the use of government regulation or other practices

25 by foreign governments to provide a competitive ad-
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1 vantage to their domestic producers, service pro2 viders, or investors and thereby reduce market ac3 cess for United States goods, services, and invest4 ments are—

5 (A) to achieve increased transparency and

6 opportunity for the participation of affected

7 parties in the development of regulations;

8 (B) to require that proposed regulations be

9 based on sound science, cost-benefit analysis,

10 risk assessment, or other objective evidence;

11 and

12 (C) to achieve the elimination of govern13 ment measures such as price controls and ref14 erence pricing which deny full market access for

15 United States products.

16 (8) ELECTRONIC COMMERCE.—The principal

17 negotiating objectives of the United States with re18 spect to electronic commerce are—

19 (A) to ensure that current obligations,

20 rules, disciplines, and commitments under the

21 World Trade Organization apply to electronic

22 commerce;

23 (B) to ensure that—

24 (i) electronically delivered goods and

25 services receive no less favorable treatment
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1 under trade rules and commitments than

2 like products delivered in physical form;

3 and

4 (ii) the classification of such goods

5 and services ensures the most liberal trade

6 treatment possible;

7 (C) to ensure that governments refrain

8 from implementing trade-related measures that

9 impede electronic commerce;

10 (D) where legitimate policy objectives re11 quire domestic regulations that affect electronic

12 commerce, to obtain commitments that any

13 such regulations are the least restrictive on

14 trade, nondiscriminatory, and transparent, and

15 promote an open market environment; and

16 (E) to extend the moratorium of the World

17 Trade Organization on duties on electronic

18 transmissions.

19 (9) RECIPROCAL TRADE IN AGRICULTURE.—(A)

20 The principal negotiating objective of the United

21 States with respect to agriculture is to obtain com22 petitive opportunities for United States exports of

23 agricultural commodities in foreign markets substan24 tially equivalent to the competitive opportunities af25 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, specialty crop, and value-added commodities

3 by—

4 (i) reducing or eliminating, by a date cer5 tain, tariffs or other charges that decrease mar6 ket opportunities for United States exports—

7 (I) giving priority to those products

8 that are subject to significantly higher tar9 iffs or subsidy regimes of major producing

10 countries; and

11 (II) providing reasonable adjustment

12 periods for United States import-sensitive

13 products, in close consultation with the

14 Congress on such products before initiating

15 tariff reduction negotiations;

16 (ii) reducing tariffs to levels that are the

17 same as or lower than those in the United

18 States;

19 (iii) reducing or eliminating subsidies that

20 decrease market opportunities for United States

21 exports or unfairly distort agriculture markets

22 to the detriment of the United States;

23 (iv) allowing the preservation of programs

24 that support family farms and rural commu25 nities but do not distort trade;
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1 (v) developing disciplines for domestic sup2 port programs, so that production that is in ex3 cess of domestic food security needs is sold at

4 world prices;

5 (vi) eliminating Government policies that

6 create price-depressing surpluses;

7 (vii) eliminating state trading enterprises

8 whenever possible;

9 (viii) developing, strengthening, and clari10 fying rules and effective dispute settlement

11 mechanisms to eliminate practices that unfairly

12 decrease United States market access opportu13 nities or distort agricultural markets to the det14 riment of the United States, particularly with

15 respect to import-sensitive products,

16 including—

17 (I) unfair or trade-distorting activities

18 of state trading enterprises and other ad19 ministrative mechanisms, with emphasis on

20 requiring price transparency in the oper21 ation of state trading enterprises and such

22 other mechanisms in order to end cross

23 subsidization, price discrimination, and

24 price undercutting;
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1 (II) unjustified trade restrictions or

2 commercial requirements, such as labeling,

3 that affect new technologies, including bio4 technology;

5 (III) unjustified sanitary or

6 phytosanitary restrictions, including those

7 not based on scientific principles in con8 travention of the Uruguay Round Agree9 ments;

10 (IV) other unjustified technical bar11 riers to trade; and

12 (V) restrictive rules in the administra13 tion of tariff rate quotas;

14 (ix) eliminating practices that adversely af15 fect trade in perishable or cyclical products,

16 while improving import relief mechanisms to

17 recognize the unique characteristics of perish18 able and cyclical agriculture;

19 (x) taking into account whether a party to

20 the negotiations has failed to adhere to the pro21 visions of already existing trade agreements

22 with the United States or has circumvented ob23 ligations under those agreements;

24 (xi) taking into account whether a product

25 is subject to market distortions by reason of a
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1 failure of a major producing country to adhere

2 to the provisions of already existing trade

3 agreements with the United States or by the

4 circumvention by that country of its obligations

5 under those agreements;

6 (xii) otherwise ensuring that countries that

7 accede to the World Trade Organization have

8 made meaningful market liberalization commit9 ments in agriculture;

10 (xiii) taking into account the impact that

11 agreements covering agriculture to which the

12 United States is a party, including the North

13 American Free Trade Agreement, have on the

14 United States agricultural industry; and

15 (xiv) maintaining bona fide food assistance

16 programs and preserving United States market

17 development and export credit programs.

18 (B)(i) Before commencing negotiations with re19 spect to agriculture, the United States Trade Rep20 resentative, in consultation with the Congress, shall

21 seek to develop a position on the treatment of sea22 sonal and perishable agricultural products to be em23 ployed in the negotiations in order to develop an

24 international consensus on the treatment of seasonal

25 or perishable agricultural products in investigations
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1 relating to dumping and safeguards and in any other

2 relevant area.

3 (ii) The negotiating objective provided in sub4 paragraph (A) applies with respect to agricultural

5 matters to be addressed in any trade agreement en6 tered into under section 3(a) or (b), including any

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

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

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

10 as the North American Free Trade Agreement and

11 the United States-Canada Free Trade Agreement.

12 (10) WTO EXTENDED NEGOTIATIONS.—The

13 principal negotiating objectives of the United States

14 regarding trade in civil aircraft are those set forth

15 in section 135(c) of the Uruguay Round Agreements

16 Act (19 U.S.C. 3355(c)) and regarding rules of ori17 gin are the conclusion of an agreement described in

18 section 132 of that Act (19 U.S.C. 3552).

19 (c) OTHER PRESIDENTIAL OBJECTIVES.—If the

20 President determines that an issue not described in sub21 section (b) would be appropriate for trade negotiations,

22 provisions relating to that issue may be included in a trade

23 agreement or agreements entered into under section 3, if

24 those provisions—

25 (1) are directly related to trade;
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1 (2) are consistent with the sovereignty of the

2 United States;

3 (3) are trade expanding and not protectionist;

4 and

5 (4) do not affect a country’s ability to make

6 changes to its laws that are consistent with sound

7 macroeconomic development.

8 (d) CONSULTATIONS.—

9 (1) CONSULTATIONS WITH CONGRESSIONAL AD10 VISERS AND ENFORCEMENT OF THE TRADE LAWS.—

11 In the course of negotiations conducted under this

12 Act, the United States Trade Representative shall—

13 (A) consult closely and on a timely basis

14 with, and keep fully apprised of the negotia15 tions, the Congressional Oversight Group ap16 pointed under section 7 with respect to the ne17 gotiations; and

18 (B) preserve the ability of the United

19 States to enforce rigorously its trade laws, in20 cluding the antidumping and countervailing

21 duty laws, and avoid agreements which lessen

22 the effectiveness of domestic and international

23 disciplines on unfair trade, especially dumping

24 and subsidies, in order to ensure that United

25 States workers, agricultural producers, and
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1 firms can compete fully on fair terms and enjoy

2 the benefits of reciprocal trade concessions.

3 (2) CONSULTATION BEFORE AGREEMENT INI4 TIALED.—In the course of negotiations conducted

5 under this Act, the United States Trade Representa6 tive shall—

7 (A) consult closely and on a timely basis

8 (including immediately before initialing an

9 agreement) with, and keep fully apprised of the

10 negotiations, the congressional advisers for

11 trade policy and negotiations appointed under

12 section 161 of the Trade Act of 1974 (19

13 U.S.C. 2211), the Committee on Ways and

14 Means of the House of Representatives, and the

15 Committee on Finance of the Senate; and

16 (B) with regard to any negotiations and

17 agreement relating to agricultural trade, also

18 consult closely and on a timely basis (including

19 immediately before initialing an agreement)

20 with, and keep fully apprised of the negotia21 tions, the Committee on Agriculture of the

22 House of Representatives and the Committee

23 on Agriculture, Nutrition, and Forestry of the

24 Senate.
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1 (e) ADHERENCE TO OBLIGATIONS UNDER URUGUAY

2 ROUND AGREEMENTS.—In determining whether to enter

3 into negotiations with a particular country, the President

4 shall take into account the extent to which that country

5 has implemented, or has accelerated the implementation

6 of, its obligations under the Uruguay Round Agreements.

7 SEC. 3. TRADE AGREEMENTS AUTHORITY.

8 (a) AGREEMENTS REGARDING TARIFF BARRIERS.—

9 (1) IN GENERAL.—Whenever the President de10 termines that one or more existing duties or other

11 import restrictions of any foreign country or the

12 United States are unduly burdening and restricting

13 the foreign trade of the United States and that the

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

15 promoted thereby, the President—

16 (A) may enter into trade agreements with

17 foreign countries before—

18 (i) June 1, 2005; or

19 (ii) June 1, 2007, if trade authorities

20 procedures are extended under subsection

21 (c); and

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

23 (3), proclaim—

24 (i) such modification or continuance

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

3 (iii) such additional duties,

4 as the President determines to be required or

5 appropriate to carry out any such trade agree6 ment.

7 The President shall notify the Congress of the Presi8 dent’s intention to enter into an agreement under

9 this subsection.

10 (2) LIMITATIONS.—No proclamation may be

11 made under paragraph (1) that—

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

13 rate of duty that does not exceed 5 percent ad

14 valorem on the date of the enactment of this

15 Act) to a rate of duty which is less than 50 per16 cent of the rate of such duty that applies on

17 such date of enactment; or

18 (B) increases any rate of duty above the

19 rate that applied on the date of the enactment

20 of this Act.

21 (3) AGGREGATE REDUCTION; EXEMPTION FROM

22 STAGING.—

23 (A) AGGREGATE REDUCTION.—Except as

24 provided in subparagraph (B), the aggregate re25 duction in the rate of duty on any article which
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1 is in effect on any day pursuant to a trade

2 agreement entered into under paragraph (1)

3 shall not exceed the aggregate reduction which

4 would have been in effect on such day if—

5 (i) a reduction of 3 percent ad valo6 rem or a reduction of one-tenth of the total

7 reduction, whichever is greater, had taken

8 effect on the effective date of the first re9 duction proclaimed under paragraph (1) to

10 carry out such agreement with respect to

11 such article; and

12 (ii) a reduction equal to the amount

13 applicable under clause (i) had taken effect

14 at 1-year intervals after the effective date

15 of such first reduction.

16 (B) EXEMPTION FROM STAGING.—No

17 staging is required under subparagraph (A)

18 with respect to a duty reduction that is pro19 claimed under paragraph (1) for an article of a

20 kind that is not produced in the United States.

21 The United States International Trade Com22 mission shall advise the President of the iden23 tity of articles that may be exempted from stag24 ing under this subparagraph.
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1 (4) ROUNDING.—If the President determines

2 that such action will simplify the computation of re3 ductions under paragraph (3), the President may

4 round an annual reduction by an amount equal to

5 the lesser of—

6 (A) the difference between the reduction

7 without regard to this paragraph and the next

8 lower whole number; or

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

10 (5) OTHER LIMITATIONS.—A rate of duty re11 duction that may not be proclaimed by reason of

12 paragraph (2) may take effect only if a provision au13 thorizing such reduction is included within an imple14 menting bill provided for under section 5 and that

15 bill is enacted into law.

16 (6) OTHER TARIFF MODIFICATIONS.—Notwith17 standing paragraphs (1)(B) and (2) through (5),

18 and subject to the consultation and layover require19 ments of section 115 of the Uruguay Round Agree20 ments Act, the President may proclaim the modifica21 tion of any duty or staged rate reduction of any duty

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

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

24 modification or staged rate reduction in a negotia25 tion for the reciprocal elimination or harmonization
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1 of duties under the auspices of the World Trade Or2 ganization.

3 (7) AUTHORITY UNDER URUGUAY ROUND

4 AGREEMENTS ACT NOT AFFECTED.—Nothing in this

5 subsection shall limit the authority provided to the

6 President under section 111(b) of the Uruguay

7 Round Agreements Act (19 U.S.C. 3521(b)).

8 (b) AGREEMENTS REGARDING TARIFF AND NON9 TARIFF BARRIERS.—

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

11 determines that—

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

13 import restriction of any foreign country or the

14 United States or any other barrier to, or other

15 distortion of, international trade unduly bur16 dens or restricts the foreign trade of the United

17 States or adversely affects the United States

18 economy; or

19 (ii) the imposition of any such barrier or

20 distortion is likely to result in such a burden,

21 restriction, or effect;

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

23 Act will be promoted thereby, the President may

24 enter into a trade agreement described in subpara-
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1 graph (B) during the period described in subpara2 graph (C).

3 (B) The President may enter into a trade

4 agreement under subparagraph (A) with foreign

5 countries providing for—

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

7 restriction, barrier, or other distortion described

8 in subparagraph (A), or

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

10 imposition of, such barrier or other distortion.

11 (C) The President may enter into a trade

12 agreement under this paragraph before—

13 (i) June 1, 2005; or

14 (ii) June 1, 2007, if trade authorities pro15 cedures are extended under subsection (c).

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

17 entered into under this subsection only if such

18 agreement makes progress in meeting the applicable

19 objectives described in section 2(a) and (b) and the

20 President satisfies the conditions set forth in section

21 4.

22 (3) BILLS QUALIFYING FOR TRADE AUTHORI23 TIES PROCEDURES.—(A) The provisions of section

24 151 of the Trade Act of 1974 (in this Act referred

25 to as ‘‘trade authorities procedures’’) apply to a bill
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1 of either House of Congress which contains provi2 sions described in subparagraph (B) to the same ex3 tent as such section 151 applies to implementing

4 bills under that section. A bill to which this para5 graph applies shall hereafter in this Act be referred

6 to as an ‘‘implementing bill’’.

7 (B) The provisions referred to in subparagraph

8 (A) are—

9 (i) a provision approving a trade agree10 ment entered into under this subsection and ap11 proving the statement of administrative action,

12 if any, proposed to implement such trade agree13 ment; and

14 (ii) if changes in existing laws or new stat15 utory authority are required to implement such

16 trade agreement or agreements, provisions, nec17 essary or appropriate to implement such trade

18 agreement or agreements, either repealing or

19 amending existing laws or providing new statu20 tory authority, except that an implementing bill

21 may include provisions to implement provisions

22 in a trade agreement to which section 2(c) ap23 plies only if those provisions meet the criteria

24 set forth in paragraphs (1) through (4) of that

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

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

5 (A) the trade authorities procedures apply

6 to implementing bills submitted with respect to

7 trade agreements entered into under subsection

8 (b) before July 1, 2005; and

9 (B) the trade authorities procedures shall

10 be extended to implementing bills submitted

11 with respect to trade agreements entered into

12 under subsection (b) after June 30, 2005, and

13 before July 1, 2007, if (and only if)—

14 (i) the President requests such exten15 sion under paragraph (2); and

16 (ii) neither House of the Congress

17 adopts an extension disapproval resolution

18 under paragraph (5) before June 1, 2005.

19 (2) REPORT TO CONGRESS BY THE PRESI20 DENT.—If the President is of the opinion that the

21 trade authorities procedures should be extended to

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

23 the President shall submit to the Congress, not later

24 than March 1, 2005, a written report that contains

25 a request for such extension, together with—
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1 (A) a description of all trade agreements

2 that have been negotiated under subsection (b)

3 and the anticipated schedule for submitting

4 such agreements to the Congress for approval;

5 (B) a description of the progress that has

6 been made in negotiations to achieve the pur7 poses, policies, and objectives of this Act, and

8 a statement that such progress justifies the

9 continuation of negotiations; and

10 (C) a statement of the reasons why the ex11 tension is needed to complete the negotiations.

12 (3) REPORT TO CONGRESS BY THE ADVISORY

13 COMMITTEE.—The President shall promptly inform

14 the Advisory Committee for Trade Policy and Nego15 tiations established under section 135 of the Trade

16 Act of 1974 (19 U.S.C. 2155) of the President’s de17 cision to submit a report to the Congress under

18 paragraph (2). The Advisory Committee shall submit

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

20 than May 1, 2005, a written report that contains—

21 (A) its views regarding the progress that

22 has been made in negotiations to achieve the

23 purposes, policies, and objectives of this Act;

24 and
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1 (B) a statement of its views, and the rea2 sons therefor, regarding whether the extension

3 requested under paragraph (2) should be ap4 proved or disapproved.

5 (4) REPORTS MAY BE CLASSIFIED.—The re6 ports submitted to the Congress under paragraphs

7 (2) and (3), or any portion of such reports, may be

8 classified to the extent the President determines ap9 propriate.

10 (5) EXTENSION DISAPPROVAL RESOLUTIONS.—

11 (A) For purposes of paragraph (1), the term ‘‘exten12 sion disapproval resolution’’ means a resolution of

13 either House of the Congress, the sole matter after

14 the resolving clause of which is as follows: ‘‘That the

15 ll disapproves the request of the President for

16 the extension, under section 3(c)(1)(B)(i) of the

17 Trade Promotion Authority Act of 2001, of the

18 trade authorities procedures under that Act to any

19 implementing bill submitted with respect to any

20 trade agreement entered into under section 3(b) of

21 that Act after June 30, 2005.’’, with the blank space

22 being filled with the name of the resolving House of

23 the Congress.

24 (B) Extension disapproval resolutions—
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1 (i) may be introduced in either House of

2 the Congress by any member of such House;

3 and

4 (ii) shall be referred, in the House of Rep5 resentatives, to the Committee on Ways and

6 Means and, in addition, to the Committee on

7 Rules.

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

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

10 (relating to the floor consideration of certain resolu11 tions in the House and Senate) apply to extension

12 disapproval resolutions.

13 (D) It is not in order for—

14 (i) the Senate to consider any extension

15 disapproval resolution not reported by the Com16 mittee on Finance;

17 (ii) the House of Representatives to con18 sider any extension disapproval resolution not

19 reported by the Committee on Ways and Means

20 and, in addition, by the Committee on Rules; or

21 (iii) either House of the Congress to con22 sider an extension disapproval resolution after

23 June 30, 2005.

24 (d) COMMENCEMENT OF NEGOTIATIONS.—In order

25 to contribute to the continued economic expansion of the
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1 United States, the President shall commence negotiations

2 covering tariff and nontariff barriers affecting any indus3 try, product, or service sector, and to expand existing sec4 toral agreements to countries that are not parties to those

5 agreements, in cases where the President determines that

6 such negotiations are feasible and timely and would ben7 efit the United States. Such sectors include agriculture,

8 commercial services, intellectual property rights, industrial

9 and capital goods, government procurement, information

10 technology products, environmental technology and serv11 ices, medical equipment and services, civil aircraft, and in12 frastructure products.

13 SEC. 4. CONSULTATIONS AND ASSESSMENT.

14 (a) NOTICE AND CONSULTATION BEFORE NEGOTIA15 TION.—

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

17 to any agreement that is subject to the provisions of

18 section 3(b), shall—

19 (A) provide, at least 90 calendar days be20 fore initiating negotiations, written notice to the

21 Congress of the President’s intention to enter

22 into the negotiations and set forth therein the

23 date the President intends to initiate such nego24 tiations, the specific United States objectives

25 for the negotiations, and whether the President
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1 intends to seek an agreement, or changes to an

2 existing agreement; and

3 (B) before and after submission of the no4 tice, consult regarding the negotiations with the

5 Committee on Finance of the Senate and the

6 Committee on Ways and Means of the House

7 of Representatives and such other committees

8 of the House and Senate as the President

9 deems appropriate.

10 (2) CONSULTATIONS REGARDING NEGOTIA11 TIONS ON CERTAIN OBJECTIVES.—

12 (A) CONSULTATION.—In addition to the

13 requirements set forth in paragraph (1), before

14 initiating negotiations with respect to a trade

15 agreement subject to section 3(b) where the

16 subject matter of such negotiations includes any

17 issue to which section 2(c) applies, the Presi18 dent shall consult with the Committee on Ways

19 and Means of the House of Representatives and

20 the Committee on Finance of the Senate and

21 with the appropriate advisory groups estab22 lished under section 135 of the Trade Act of

23 1974 with respect to such negotiations.

24 (B) SCOPE.—The consultations described

25 in subparagraph (A) shall concern how the ne-
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1 gotiation will address the issue identified in a

2 manner that is directly related to trade, is con3 sistent with the sovereignty of the United

4 States, is trade expanding and not protectionist,

5 and does not affect any country’s ability to

6 make changes to its laws that are consistent

7 with sound macroeconomic development.

8 (3) NEGOTIATIONS REGARDING AGRI9 CULTURE.—Before initiating negotiations the sub10 ject matter of which is directly related to the subject

11 matter under section 2(b)(6)(A)(i) with any country,

12 the President shall assess whether United States

13 tariffs on agricultural products that were bound

14 under the Uruguay Round Agreements are lower

15 than the tariffs bound by that country. In addition,

16 the President shall consider whether the tariff levels

17 bound and applied throughout the world with respect

18 to imports from the United States are higher than

19 United States tariffs and whether the negotiation

20 provides an opportunity to address any such dis21 parity. The President shall consult with the Com22 mittee on Ways and Means and the Committee on

23 Agriculture of the House of Representatives and the

24 Committee on Finance and the Committee on Agri25 culture, Nutrition, and Forestry of the Senate con-
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1 cerning the results of the assessment, whether it is

2 appropriate for the United States to agree to further

3 tariff reductions based on the conclusions reached in

4 the assessment, and how all applicable negotiating

5 objectives will be met.

6 (b) CONSULTATION WITH CONGRESS BEFORE

7 AGREEMENTS ENTERED INTO.—

8 (1) CONSULTATION.—Before entering into any

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

10 shall consult with—

11 (A) the Committee on Ways and Means of

12 the House of Representatives and the Com13 mittee on Finance of the Senate; and

14 (B) each other committee of the House

15 and the Senate, and each joint committee of the

16 Congress, which has jurisdiction over legislation

17 involving subject matters which would be af18 fected by the trade agreement.

19 (2) SCOPE.—The consultation described in

20 paragraph (1) shall include consultation with respect

21 to—

22 (A) the nature of the agreement;

23 (B) how and to what extent the agreement

24 will achieve the applicable purposes, policies,

25 and objectives of this Act; and
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1 (C) the implementation of the agreement

2 under section 5, including the general effect of

3 the agreement on existing laws.

4 (c) ADVISORY COMMITTEE REPORTS.—The report

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

6 regarding any trade agreement entered into under section

7 3(a) or (b) of this Act shall be provided to the President,

8 the Congress, and the United States Trade Representative

9 not later than 30 days after the date on which the Presi10 dent notifies the Congress under section 3(a)(1) or

11 5(a)(1)(A) of the President’s intention to enter into the

12 agreement.

13 (d) ITC ASSESSMENT.—

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

15 calendar days before the day on which the President

16 enters into a trade agreement under section 103(b),

17 shall provide the International Trade Commission

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

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

20 time and request the Commission to prepare and

21 submit an assessment of the agreement as described

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

23 makes the request under this paragraph and the

24 time the Commission submits the assessment, the
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1 President shall keep the Commission current with

2 respect to the details of the agreement.

3 (2) ITC ASSESSMENT.—Not later than 90 cal4 endar days after the President enters into the agree5 ment, the Commission shall submit to the President

6 and the Congress a report assessing the likely im7 pact of the agreement on the United States economy

8 as a whole and on specific industry sectors, includ9 ing the impact the agreement will have on the gross

10 domestic product, exports and imports, aggregate

11 employment and employment opportunities, the pro12 duction, employment, and competitive position of in13 dustries likely to be significantly affected by the

14 agreement, and the interests of United States con15 sumers.

16 (3) REVIEW OF EMPIRICAL LITERATURE.—In

17 preparing the assessment, the Commission shall re18 view available economic assessments regarding the

19 agreement, including literature regarding any sub20 stantially equivalent proposed agreement, and shall

21 provide in its assessment a description of the anal22 yses used and conclusions drawn in such literature,

23 and a discussion of areas of consensus and diver24 gence between the various analyses and conclusions,
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1 including those of the Commission regarding the

2 agreement.

3 SEC. 5. IMPLEMENTATION OF TRADE AGREEMENTS.

4 (a) IN GENERAL.—

5 (1) NOTIFICATION AND SUBMISSION.—Any

6 agreement entered into under section 3(b) shall

7 enter into force with respect to the United States

8 if (and only if)—

9 (A) the President, at least 90 calendar

10 days before the day on which the President en11 ters into the trade agreement, notifies the

12 House of Representatives and the Senate of the

13 President’s intention to enter into the agree14 ment, and promptly thereafter publishes notice

15 of such intention in the Federal Register;

16 (B) within 60 days after entering into the

17 agreement, the President submits to the Con18 gress a description of those changes to existing

19 laws that the President considers would be re20 quired in order to bring the United States into

21 compliance with the agreement;

22 (C) after entering into the agreement, the

23 President submits to the Congress a copy of the

24 final legal text of the agreement, together

25 with—
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1 (i) a draft of an implementing bill de2 scribed in section 3(b)(3);

3 (ii) a statement of any administrative

4 action proposed to implement the trade

5 agreement; and

6 (iii) the supporting information de7 scribed in paragraph (2); and

8 (D) the implementing bill is enacted into

9 law.

10 (2) SUPPORTING INFORMATION.—The sup11 porting information required under paragraph

12 (1)(C)(iii) consists of—

13 (A) an explanation as to how the imple14 menting bill and proposed administrative action

15 will change or affect existing law; and

16 (B) a statement—

17 (i) asserting that the agreement

18 makes progress in achieving the applicable

19 purposes, policies, and objectives of this

20 Act; and

21 (ii) setting forth the reasons of the

22 President regarding—

23 (I) how and to what extent the

24 agreement makes progress in achiev-
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1 ing the applicable purposes, policies,

2 and objectives referred to in clause (i);

3 (II) whether and how the agree4 ment changes provisions of an agree5 ment previously negotiated;

6 (III) how the agreement serves

7 the interests of United States com8 merce; and

9 (IV) how the implementing bill

10 meets the standards set forth in sec11 tion 3(b)(3).

12 (3) RECIPROCAL BENEFITS.—In order to en13 sure that a foreign country that is not a party to a

14 trade agreement entered into under section 3(b)

15 does not receive benefits under the agreement unless

16 the country is also subject to the obligations under

17 the agreement, the implementing bill submitted with

18 respect to the agreement shall provide that the bene19 fits and obligations under the agreement apply only

20 to the parties to the agreement, if such application

21 is consistent with the terms of the agreement. The

22 implementing bill may also provide that the benefits

23 and obligations under the agreement do not apply

24 uniformly to all parties to the agreement, if such ap-
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1 plication is consistent with the terms of the agree2 ment.

3 (b) LIMITATIONS ON TRADE AUTHORITIES PROCE4 DURES.—

5 (1) FOR LACK OF NOTICE OR CONSULTA6 TIONS.—

7 (A) IN GENERAL.—The trade authorities

8 procedures shall not apply to any implementing

9 bill submitted with respect to a trade agreement

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

11 60-day period beginning on the date that one

12 House of Congress agrees to a procedural dis13 approval resolution for lack of notice or con14 sultations with respect to that trade agreement,

15 the other House separately agrees to a proce16 dural disapproval resolution with respect to that

17 agreement.

18 (B) PROCEDURAL DISAPPROVAL RESOLU19 TION.—For purposes of this paragraph, the

20 term ‘‘procedural disapproval resolution’’ means

21 a resolution of either House of Congress, the

22 sole matter after the resolving clause of which

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

24 refused to notify or consult (as the case may

25 be) with Congress in accordance with section 4
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1 or 5 of the Trade Promotion Authority Act of

2 2001 on negotiations with respect to

3 llllll and, therefore, the trade au4 thorities procedures under that Act shall not

5 apply to any implementing bill submitted with

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

7 blank space being filled with a description of

8 the trade agreement with respect to which the

9 President is considered to have failed or refused

10 to notify or consult.

11 (2) PROCEDURES FOR CONSIDERING RESOLU12 TIONS.—(A) Procedural disapproval resolutions—

13 (i) in the House of Representatives—

14 (I) shall be introduced by the chair15 man or ranking minority member of the

16 Committee on Ways and Means or the

17 chairman or ranking minority member of

18 the Committee on Rules;

19 (II) shall be referred to the Com20 mittee on Ways and Means and, in addi21 tion, to the Committee on Rules; and

22 (III) may not be amended by either

23 Committee; and

24 (ii) in the Senate shall be original resolu25 tions of the Committee on Finance.
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1 (B) The provisions of section 152(d) and (e) of

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

3 (relating to the floor consideration of certain resolu4 tions in the House and Senate) apply to procedural

5 disapproval resolutions.

6 (C) It is not in order for the House of Rep7 resentatives to consider any procedural disapproval

8 resolution not reported by the Committee on Ways

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

10 Rules.

11 (c) RULES OF HOUSE OF REPRESENTATIVES AND

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

13 are enacted by the Congress—

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

15 the House of Representatives and the Senate, re16 spectively, and as such are deemed a part of the

17 rules of each House, respectively, and such proce18 dures supersede other rules only to the extent that

19 they are inconsistent with such other rules; and

20 (2) with the full recognition of the constitu21 tional right of either House to change the rules (so

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

23 any time, in the same manner, and to the same ex24 tent as any other rule of that House.
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1 SEC. 6. TREATMENT OF CERTAIN TRADE AGREEMENTS.

2 (a) CERTAIN AGREEMENTS.—Notwithstanding sec3 tion 3(b)(2), if an agreement to which section 3(b)

4 applies—

5 (1) is entered into under the auspices of the

6 World Trade Organization regarding the rules of ori7 gin work program described in Article 9 of the

8 Agreement on Rules of Origin referred to in section

9 101(d)(10) of the Uruguay Round Agreements Act

10 (19 U.S.C. 3511(d)(10)),

11 (2) is entered into with Chile,

12 (3) is entered into with Singapore, or

13 (4) establishes a Free Trade Area for the

14 Americas,

15 and results from negotiations that were commenced before

16 the date of the enactment of this Act, subsection (b) shall

17 apply.

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

19 any agreement to which subsection (a) applies—

20 (1) the applicability of the trade authorities

21 procedures to implementing bills shall be determined

22 without regard to the requirements of section 4(a),

23 and any procedural disapproval resolution under sec24 tion 5(b)(1)(B) shall not be in order on the basis of

25 a failure or refusal to comply with the provisions of

26 section 4(a); and
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1 (2) the President shall consult regarding the

2 negotiations described in subsection (a) with the

3 committees described in section 4(a)(1)(B) as soon

4 as feasible after the enactment of this Act.

5 SEC. 7. CONGRESSIONAL OVERSIGHT GROUPS.

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

7 30 days after the date on which the President provides

8 notice under section 4(a)(1) of the President’s intention

9 to enter into negotiations with respect to a trade

10 agreement—

11 (1) the Speaker of the House of Representa12 tives, upon the recommendation of the chairman of

13 the Committee on Ways and Means, shall appoint 5

14 members (not more than 3 of whom are members of

15 the same political party) of such committee, and

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

17 upon the recommendation of the chairman of the

18 Committee on Finance, shall appoint 5 members

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

20 political party) of such committee,

21 to serve as members of a Congressional Oversight Group

22 for the negotiations. Each such member shall be accred23 ited by the United States Trade Representative on behalf

24 of the President as official advisers to the United States

25 delegation in the negotiations. Members of the Congres-
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1 sional Oversight Group shall consult with and provide ad2 vice to the Trade Representative regarding the formula3 tion of specific objectives, negotiating strategies and posi4 tions, and the development of the trade agreement.

5 (b) ADDITIONAL MEMBERS.—

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

7 the members appointed under subsection (a) for a

8 Congressional Oversight Group—

9 (A) the Speaker of the House of Rep10 resentatives may appoint additional members of

11 the House from any other committee of the

12 House or joint committee of Congress to serve

13 as members of the Congressional Oversight

14 Group; and

15 (B) the President pro tempore of the Sen16 ate may appoint additional members of the Sen17 ate from any other committee of the Senate or

18 joint committee of Congress to serve as mem19 bers of the Congressional Oversight Group.

20 Members of the House and Senate appointed under

21 this paragraph shall be accredited by the United

22 States Trade Representative in the same manner as

23 the members designated under subsection (a).

24 (2) CONSULTATIONS.—Before appointing any

25 member under paragraph (1), the Speaker or the
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1 President pro tempore (as the case may be) shall

2 consult with—

3 (A) the chairman and ranking minority

4 member of the Committee on Ways and Means

5 or the Committee on Finance, as appropriate;

6 and

7 (B) the chairman and ranking minority

8 member of the committee from which the mem9 ber will be appointed.

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

11 from any committee of Congress may be appointed

12 under this subsection as members of any Congres13 sional Oversight Group. If 2 members are appointed

14 from a committee, they must be from different polit15 ical parties, and the number of members appointed

16 for any Congressional Oversight Group under this

17 subsection from any political party may not exceed

18 by more than 2 the number of members appointed

19 for that Congressional Oversight Group from any

20 other political 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 the status of

16 the 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 to the Congress the final text of an agreement pursuant

10 to section 5(a)(1)(C), the President shall also submit a

11 plan for implementing and enforcing the agreement. The

12 implementation and enforcement plan shall include the fol13 lowing:

14 (1) BORDER PERSONNEL REQUIREMENTS.—A

15 description of additional personnel required at bor16 der entry points, including a list of additional cus17 toms and agricultural inspectors.

18 (2) AGENCY STAFFING REQUIREMENTS.—A de19 scription of additional personnel required by Federal

20 agencies responsible for monitoring and imple21 menting the trade agreement, including personnel

22 required by the Office of the United States Trade

23 Representative, the Department of Commerce, the

24 Department of Agriculture (including additional per25 sonnel required to implement sanitary and
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1 phytosanitary measures in order to obtain market

2 access for United States exports), the Department of

3 the Treasury, and such other agencies as may be

4 necessary.

5 (3) CUSTOMS INFRASTRUCTURE REQUIRE6 MENTS.—A description of the additional equipment

7 and facilities needed by the United States Customs

8 Service.

9 (4) IMPACT ON STATE AND LOCAL GOVERN10 MENTS.—A description of the impact the trade

11 agreement will have on State and local governments

12 as a result of increases in trade.

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

14 associated with each of the items listed in para15 graphs (1) through (4).

16 (b) BUDGET SUBMISSION.—The President shall in17 clude a request for the resources necessary to support the

18 plan described in subsection (a) in the first budget that

19 the President submits to the Congress after the submis20 sion of the plan.

21 SEC. 9. CONFORMING AMENDMENTS.

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

23 (19 U.S.C. 2111 et seq.) is amended as follows:

24 (1) IMPLEMENTING BILL.—
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1 (A) Section 151(b)(1) (19 U.S.C.

2 2191(b)(1)) is amended by striking ‘‘section

3 1103(a)(1) of the Omnibus Trade and Competi4 tiveness Act of 1988, or section 282 of the Uru5 guay Round Agreements Act’’ and inserting

6 ‘‘section 282 of the Uruguay Round Agree7 ments Act, or section 5(a)(1) of the Trade Pro8 motion Authority Act of 2001’’.

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

10 2191(c)(1)) is amended by striking ‘‘or section

11 282 of the Uruguay Round Agreements Act’’

12 and inserting ‘‘, section 282 of the Uruguay

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

14 the Trade Promotion Authority Act of 2001’’.

15 (2) ADVICE FROM INTERNATIONAL TRADE COM16 MISSION.—Section 131 (19 U.S.C. 2151) is

17 amended—

18 (A) in subsection (a)—

19 (i) in paragraph (1), by striking ‘‘sec20 tion 123 of this Act or section 1102 (a) or

21 (c) of the Omnibus Trade and Competitive22 ness Act of 1988,’’ and inserting ‘‘section

23 123 of this Act or section 3(a) or (b) of

24 the Trade Promotion Authority Act of

25 2001,’’; and
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1 (ii) in paragraph (2), by striking ‘‘sec2 tion 1102 (b) or (c) of the Omnibus Trade

3 and Competitiveness Act of 1988’’ and in4 serting ‘‘section 3(b) of the Trade Pro5 motion Authority Act of 2001’’;

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

7 1102(a)(3)(A)’’ and inserting ‘‘section

8 3(a)(3)(A) of the Trade Promotion Authority

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

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

11 1102 of the Omnibus Trade and Competitive12 ness Act of 1988,’’ and inserting ‘‘section 3 of

13 the Trade Promotion Authority Act of 2001,’’.

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

15 133(a), and 134(a) (19 U.S.C. 2152, 2153(a), and

16 2154(a)) are each amended by striking ‘‘section

17 1102 of the Omnibus Trade and Competitiveness

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

19 ‘‘section 3 of the Trade Promotion Authority Act of

20 2001,’’.

21 (4) PREREQUISITES FOR OFFERS.—Section

22 134(b) (19 U.S.C. 2154(b)) is amended by striking

23 ‘‘section 1102 of the Omnibus Trade and Competi24 tiveness Act of 1988’’ and inserting ‘‘section 3 of the

25 Trade Promotion Authority Act of 2001’’.
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1 (5) ADVICE FROM PRIVATE AND PUBLIC SEC2 TORS.—Section 135 (19 U.S.C. 2155) is amended—

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

4 ‘‘section 1102 of the Omnibus Trade and Com5 petitiveness Act of 1988’’ and inserting ‘‘section

6 3 of the Trade Promotion Authority Act of

7 2001’’;

8 (B) in subsection (e)(1)—

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

10 Omnibus Trade and Competitiveness Act

11 of 1988’’ each place it appears and insert12 ing ‘‘section 3 of the Trade Promotion Au13 thority Act of 2001’’; and

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

15 of such Act of 1988’’ and inserting ‘‘sec16 tion 5(a)(1)(A) of the Trade Promotion

17 Authority Act of 2001’’; and

18 (C) in subsection (e)(2), by striking ‘‘sec19 tion 1101 of the Omnibus Trade and Competi20 tiveness Act of 1988’’ and inserting ‘‘section 2

21 of the Trade Promotion Authority Act of

22 2001’’.

23 (6) TRANSMISSION OF AGREEMENTS TO CON24 GRESS.—Section 162(a) (19 U.S.C. 2212(a)) is

25 amended by striking ‘‘or under section 1102 of the
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1 Omnibus Trade and Competitiveness Act of 1988’’

2 and inserting ‘‘or under section 3 of the Trade Pro3 motion Authority Act of 2001’’.

4 (b) APPLICATION OF CERTAIN PROVISIONS.—For

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

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

7 2137)—

8 (1) any trade agreement entered into under sec9 tion 3 shall be treated as an agreement entered into

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

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

12 (2) any proclamation or Executive order issued

13 pursuant to a trade agreement entered into under

14 section 3 shall be treated as a proclamation or Exec15 utive order issued pursuant to a trade agreement en16 tered into under section 102 of the Trade Act of

17 1974.

18 SEC. 10. DEFINITIONS.

19 In this Act:

20 (1) UNITED STATES PERSON.—The term

21 ‘‘United States person’’ means—

22 (A) a United States citizen;

23 (B) a partnership, corporation, or other

24 legal entity organized under the laws of the

25 United States; and
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1 (C) a partnership, corporation, or other

2 legal entity that is organized under the laws of

3 a foreign country and is controlled by entities

4 described in subparagraph (B) or United States

5 citizens, or both.

6 (2) URUGUAY ROUND AGREEMENTS.—The term

7 ‘‘Uruguay Round Agreements’’ has the meaning

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

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

10 (3) WORLD TRADE ORGANIZATION.—The term

11 ‘‘World Trade Organization’’ means the organization

12 established pursuant to the WTO Agreement.

13 (4) WTO AGREEMENT.—The term ‘‘WTO

14 Agreement’’ means the Agreement Establishing the

15 World Trade Organization entered into on April 15,

16 1994.

Æ