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 Com-
mittee on Ways and Means, and in addition to the Committee on Rules,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To provide trade negotiating authority.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Standard Trade Nego-
tiating Authority Act of 2001’’.
SEC. 2. TRADE NEGOTIATING OBJECTIVES.
(a) OVERALL TRADE NEGOTIATING OBJECTIVES.—
The overall trade negotiating objectives of the United
States for agreements subject to the provisions of section
3 are—
(1) to obtain more open, equitable, and recip-
rocal market access;
(2) to obtain the reduction or elimination of
barriers and distortions that are directly related to
trade and that decrease market opportunities for
United States exports or otherwise distort United
States trade;
(3) to further strengthen the system of inter-
national trading disciplines and procedures, includ-
ing dispute settlement;
(4) to foster economic growth, raise living
standards, and promote full employment in the
United States and to enhance the global economy;
and
(5) to ensure that domestic producers have ac-
cess to a full range of appropriate legal remedies
against unfair trade practices, including adequate
and accessible antidumping and antisurge protec-
tions.
(b) PRINCIPAL TRADE NEGOTIATING OBJECTIVES.—
(1) TRADE BARRIERS AND DISTORTIONS.—The
principal negotiating objectives of the United States
regarding trade barriers and other trade distortions
are—
(A) to expand competitive market opportu-
nities for United States exports and to obtain
fairer and more open conditions of trade by re-
ducing or eliminating tariff and nontariff bar-
riers and policies and practices of foreign gov-
ernments directly related to trade that decrease
market opportunities for United States exports
or otherwise distort United States trade; and
(B) to obtain reciprocal tariff and non-
tariff barrier elimination agreements, with par-
ticular attention to those tariff categories cov-
ered in section 111(b) of the Uruguay Round
Agreements Act (19 U.S.C. 3521(b)).
(2) TRADE IN SERVICES.—The principal negoti-
ating objective of the United States regarding trade
in services is to reduce or eliminate barriers to inter-
national trade in services, including regulatory and
other barriers that deny national treatment or un-
reasonably restrict the establishment or operations
of service suppliers.
(3) FOREIGN INVESTMENT.—The principal ne-
gotiating objective of the United States regarding
foreign investment is to reduce or eliminate artificial
or trade-distorting barriers to trade-related foreign
investment by—
(A) reducing or eliminating exceptions to
the principle of national treatment;
(B) freeing the transfer of funds relating
to investments;
(C) reducing or eliminating performance
requirements and other unreasonable barriers
to the establishment and operation of invest-
ments;
(D) seeking to establish standards for ex-
propriation and compensation for expropriation,
consistent with United States legal principles
and practice; and
(E) providing meaningful procedures for
resolving investment disputes.
(4) INTELLECTUAL PROPERTY.—The principal
negotiating objectives of the United States regarding
trade-related intellectual property are—
(A) to further promote adequate and effec-
tive protection of intellectual property rights,
including through—
(i)(I) ensuring accelerated and full
implementation of the Agreement on
Trade-Related 
Aspects 
of 
Intellectual
Property Rights referred to in section
101(d)(15) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3511(d)(15)), par-
ticularly with respect to United States in-
dustries whose products are subject to the
lengthiest transition periods for full com-
pliance by developing countries with that
Agreement, and
(II) ensuring that the provisions of
any multilateral or bilateral trade agree-
ment entered into by the United States
provide protection at least as strong as the
protection afforded by chapter 17 of the
North American Free Trade Agreement
and the annexes thereto;
(ii) providing strong protection for
new and emerging technologies and new
methods of transmitting and distributing
products embodying intellectual property;
(iii) preventing or eliminating dis-
crimination with respect to matters affect-
ing the availability, acquisition, scope,
maintenance, use, and enforcement of in-
tellectual property rights; and
(iv) providing strong enforcement of
intellectual 
property 
rights, 
including
through accessible, expeditious, and effec-
tive civil, administrative, and criminal en-
forcement mechanisms; and
(B) to secure fair, equitable, and non-
discriminatory market access opportunities for
United States persons that rely upon intellec-
tual property protection.
(5) TRANSPARENCY.—The principal negotiating
objective of the United States with respect to trans-
parency is to obtain broader application of the prin-
ciple of transparency through—
(A) increased and more timely public ac-
cess to information regarding trade issues and
the activities of international trade institutions;
and
(B) increased openness of dispute settle-
ment proceedings, including under the World
Trade Organization.
(6) RECIPROCAL TRADE IN AGRICULTURE.—(A)
The principal negotiating objective of the United
States with respect to agriculture is to obtain com-
petitive opportunities for United States exports of
agricultural commodities in foreign markets substan-
tially equivalent to the competitive opportunities af-
forded foreign exports in United States markets and
international consensus on the treatment of seasonal
or perishable agricultural products in investigations
relating to dumping and safeguards and in any other
relevant area.
(ii) The negotiating objective provided in sub-
paragraph (A) applies with respect to agricultural
matters to be addressed in any trade agreement en-
tered into under section 3 (a) or (b), including any
trade agreement entered into under section 3 (a) or
(b) that provides for accession to a trade agreement
to which the United States is already a party, such
as the North American Free Trade Agreement and
the United States-Canada Free Trade Agreement.
(7) LABOR, THE ENVIRONMENT, AND OTHER
MATTERS.—The principal negotiating objective of
the United States regarding labor, the environment,
and other matters is to address the following aspects
of foreign government policies and practices regard-
ing labor, the environment, and other matters that
are directly related to trade:
(A) To ensure that foreign labor, environ-
mental, health, or safety policies and practices
do not arbitrarily or unjustifiably discriminate
or serve as disguised barriers to trade.
(B) To ensure that foreign governments do
not derogate from or waive existing domestic
environmental, health, safety, or labor meas-
ures, including measures that deter exploitative
child labor, as an encouragement to gain com-
petitive advantage in international trade or in-
vestment. Nothing in this subparagraph is in-
tended to address changes to a country’s laws
that are consistent with sound macroeconomic
development. Nothing in this subparagraph
shall be construed to authorize inclusion in an
implementing bill under this Act or in an agree-
ment subject to an implementing bill under this
Act provisions that would restrict the autonomy
of the United States in these areas.
(8) WTO 
EXTENDED
NEGOTIATIONS.—The
principal negotiating objectives of the United States
regarding trade in financial services are those set
forth in section 135(a) of the Uruguay Round
Agreements Act (19 U.S.C. 3555(a)), regarding
trade in civil aircraft are those set forth in section
135(c) of that Act, and regarding rules of origin are
the conclusion of an agreement described in section
132 of that Act (19 U.S.C. 3552).
(c) INTERNATIONAL
ECONOMIC
POLICY
OBJEC-
TIVES.—
(1) IN GENERAL.—The President should take
into account the relationship between trade agree-
ments and other important priorities of the United
States and seek to ensure that the trade agreements
entered into by the United States complement and
reinforce other policy goals. The United States prior-
ities in this area include—
(A) seeking to ensure that trade and envi-
ronmental policies are mutually supportive;
(B) seeking to protect and preserve the en-
vironment and enhance the international means
for doing so, while optimizing the use of the
world’s resources;
(C) promoting respect for worker rights
and the rights of children and an understanding
of the relationship between trade and worker
rights, particularly by working with the Inter-
national Labor Organization to encourage the
observance and enforcement of core labor
standards, including the prohibition on exploita-
tive child labor; and
(D) 
supplementing 
and 
strengthening
standards for protection of intellectual property
under conventions administered by international
organizations other than the World Trade Or-
ganization, expanding these conventions to
cover new and emerging technologies, and elimi-
nating discrimination and unreasonable excep-
tions or preconditions to such protection.
(2) APPLICABILITY OF TRADE PROMOTION PRO-
CEDURES.—Nothing in this subsection shall be con-
strued to authorize the use of the trade promotion
procedures described in section 3 to modify United
States law.
(d) GUIDANCE FOR NEGOTIATORS.—
(1) DOMESTIC OBJECTIVES.—In pursuing the
negotiating objectives described in subsection (b),
the negotiators on behalf of the United States shall
take into account United States domestic objectives,
including the protection of health and safety, essen-
tial security, environmental, consumer, and employ-
ment opportunity interests, and the law and regula-
tions related thereto.
(2) CONSULTATIONS WITH CONGRESSIONAL AD-
VISERS AND ENFORCEMENT OF THE TRADE LAWS.—
In the course of negotiations conducted under this
Act, the United States Trade Representative shall—
(A) consult closely and on a timely basis
with, and keep fully apprised of the negotia-
tions, the Congressional Oversight Group ap-
pointed under section 7 with respect to the ne-
gotiations; and
(B) preserve the ability of the United
States to enforce rigorously its trade laws, in-
cluding the antidumping and countervailing
duty laws, and avoid agreements which lessen
the effectiveness of domestic and international
disciplines on unfair trade, especially dumping
and subsidies, in order to ensure that United
States workers, agricultural producers, and
firms can compete fully on fair terms and enjoy
the benefits of reciprocal trade concessions.
(3) CONSULTATION BEFORE AGREEMENT INI-
TIALED.—In the course of negotiations conducted
under this Act, the United States Trade Representa-
tive shall—
(A) consult closely and on a timely basis
(including immediately before initialing an
agreement) with, and keep fully apprised of the
negotiations, the congressional advisers for
trade policy and negotiations appointed under
section 161 of the Trade Act of 1974 (19
U.S.C. 2211), the Committee on Ways and
Means of the House of Representatives, and the
Committee on Finance of the Senate; and
(B) with regard to any negotiations and
agreement relating to agricultural trade, also
consult closely and on a timely basis (including
immediately before initialing an agreement)
with, and keep fully apprised of the negotia-
tions, the Committee on Agriculture of the
House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the
Senate.
(e) ADHERENCE TO OBLIGATIONS UNDER URUGUAY
ROUND AGREEMENTS.—In determining whether to enter
into negotiations with a particular country, the President
shall take into account the extent to which that country
has implemented, or has accelerated the implementation
of, its obligations under the Uruguay Round Agreements.
SEC. 3. TRADE AGREEMENTS AUTHORITY.
(a) AGREEMENTS REGARDING TARIFF BARRIERS.—
(1) IN GENERAL.—Whenever the President de-
termines that one or more existing duties or other
import restrictions of any foreign country or the
United States are unduly burdening and restricting
the foreign trade of the United States and that the
purposes, policies, and objectives of this Act will be
promoted thereby, the President—
(A) may enter into trade agreements with
foreign countries, and
(B) may, subject to paragraphs (2) and
(3), proclaim—
(i) such modification or continuance
of any existing duty,
(ii) such continuance of existing duty-
free or excise treatment, or
(iii) such additional duties,
as the President determines to be required or
appropriate to carry out any such trade agree-
ment.
The President shall notify the Congress of the Presi-
dent’s intention to enter into an agreement under
this subsection.
(2) LIMITATIONS.—No proclamation may be
made under paragraph (1) that—
(A) reduces any rate of duty (other than a
rate of duty that does not exceed 5 percent ad
valorem on the date of the enactment of this
Act) to a rate of duty which is less than 50 per-
cent of the rate of such duty that applies on
such date of enactment;
(B) notwithstanding any other provision of
this Act, reduces the rate of duty below that ap-
plicable under the Uruguay Round Agreements,
on any agricultural product which was the sub-
ject of tariff reductions by the United States as
a result of the Uruguay Round Agreements, for
which the rate of duty, pursuant to such Agree-
ments, was reduced on January 1, 1995, to a
rate which was not less than 97.5 percent of
the rate of duty that applied to such article on
December 31, 1994; or
(C) increases any rate of duty above the
rate that applied on January 1, 2001.
(3) AGGREGATE REDUCTION; EXEMPTION FROM
STAGING.—
(A) AGGREGATE REDUCTION.—Except as
provided in subparagraph (B), the aggregate re-
duction in the rate of duty on any article which
is in effect on any day pursuant to a trade
agreement entered into under paragraph (1)
shall not exceed the aggregate reduction which
would have been in effect on such day if—
(i) a reduction of 3 percent ad valo-
rem or a reduction of one-tenth of the total
reduction, whichever is greater, had taken
effect on the effective date of the first re-
duction proclaimed under paragraph (1) to
carry out such agreement with respect to
such article; and
(ii) a reduction equal to the amount
applicable under clause (i) had taken effect
at 1-year intervals after the effective date
of such first reduction.
(B) 
EXEMPTION
FROM
STAGING.—No
staging is required under subparagraph (A)
with respect to a duty reduction that is pro-
claimed under paragraph (1) for an article of a
kind that is not produced in the United States.
The United States International Trade Com-
mission shall advise the President of the iden-
tity of articles that may be exempted from stag-
ing under this subparagraph.
(4) ROUNDING.—If the President determines
that such action will simplify the computation of re-
ductions under paragraph (3), the President may
round an annual reduction by an amount equal to
the lesser of—
(A) the difference between the reduction
without regard to this paragraph and the next
lower whole number; or
(B) one-half of 1 percent ad valorem.
(5) OTHER LIMITATIONS.—A rate of duty re-
duction that may not be proclaimed by reason of
paragraph (2) may take effect only if a provision au-
thorizing such reduction is included within an imple-
menting bill provided for under section 5 and that
bill is enacted into law.
(6) OTHER TARIFF MODIFICATIONS.—Notwith-
standing paragraphs (1)(B) and (2) through (5),
and subject to the consultation and layover require-
ments of section 115 of the Uruguay Round Agree-
ments Act, the President may proclaim the modifica-
tion of any duty or staged rate reduction of any duty
set forth in Schedule XX, as defined in section 2(5)
of that Act, if the United States agrees to such
modification or staged rate reduction in a negotia-
tion for the reciprocal elimination or harmonization
of duties under the auspices of the World Trade Or-
ganization or as part of an interim agreement lead-
ing to the formation of a regional free-trade area.
(7) AUTHORITY
UNDER
URUGUAY
ROUND
AGREEMENTS ACT NOT AFFECTED.—Nothing in this
subsection shall limit the authority provided to the
President under section 111(b) of the Uruguay
Round Agreements Act (19 U.S.C. 3521(b)).
(b) AGREEMENTS REGARDING TARIFF AND NON-
TARIFF BARRIERS.—
(1) IN GENERAL.—(A) Whenever the President
determines that—
(i) one or more existing duties or any other
import restriction of any foreign country or the
United States or any other barrier to, or other
distortion of, international trade unduly bur-
dens or restricts the foreign trade of the United
States or adversely affects the United States
economy, or
(ii) the imposition of any such barrier or
distortion is likely to result in such a burden,
restriction, or effect,
and that the purposes, policies, and objectives of this
Act will be promoted thereby, the President may,
subject to section 4, enter into a trade agreement
described in subparagraph (B).
(B) The President may enter into a trade
agreement under subparagraph (A) with foreign
countries providing for—
(i) the reduction or elimination of a duty,
restriction, barrier, or other distortion described
in subparagraph (A), or
(ii) the prohibition of, or limitation on the
imposition of, such barrier or other distortion.
(2) CONDITIONS.—A trade agreement may be
entered into under this subsection only if such
agreement makes progress in meeting the applicable
objectives described in section 2 and the President
satisfies the conditions set forth in sections 4 and 5.
(c) COMMENCEMENT OF NEGOTIATIONS.—In order
to contribute to the continued economic expansion of the
United States, the President shall, subject to section 4,
commence negotiations covering tariff and nontariff bar-
riers affecting any industry, product, or service sector, in-
cluding negotiations to protect against monopolies and
similar restraints on trade, and to expand existing sectoral
agreements to countries that are not parties to those
agreements, in cases where the President determines that
such negotiations are feasible and timely and would ben-
efit the United States. Such sectors include agriculture,
commercial services, intellectual property rights, industrial
and capital goods, government procurement, information
technology products, environmental technology and serv-
ices, medical equipment and services, civil aircraft, and in-
frastructure products.
SEC. 4. PRIOR AUTHORIZATION, CONSULTATIONS, AND AS-
SESSMENT.
(a) PRIOR AUTHORIZATION FOR SPECIFIC AGREE-
MENTS.—
(1) NOTIFICATION OF COMMISSION.—Except in
the case of negotiations with respect to a trade
agreement entered into under the auspices of the
World Trade Organization, the President, at least
180 calendar days before negotiations are proposed
to be initiated with respect to a trade agreement
under section 3(b), shall notify the Commission on
Labor and the Environment established under sec-
tion 9 of the country or countries with which the ne-
gotiations are proposed to be conducted.
(2) REPORT OF THE COMMISSION.—The Com-
mission on Labor and the Environment—
(A) shall—
(i) assess those laws of the country or
countries referred to in paragraph (1) that
relate to worker rights and protection of
the environment;
(ii) assess the enforcement of those
laws by local authorities in the country or
countries; and
(iii) make any recommendations on
modifications to those laws that should be
pursued in the negotiations in order to
achieve the negotiating objectives set forth
in section 2(b)(7); and
(B) not later than 90 calendar days after
receiving the President’s notice under para-
graph (1), submit to the President and the
Congress a report on the Commission’s assess-
ments and recommendations under subpara-
graph (A).
(3) AUTHORIZING
LEGISLATION.—The Presi-
dent may enter into the negotiations with respect to
a trade agreement to which paragraph (1) applies if
and only if—
(A) after the submission of the Commis-
sion’s report on the negotiations under para-
graph (2), the President submits to the Con-
gress the draft of a preauthorization bill con-
sisting only of—
(i) a provision authorizing the nego-
tiations;
(ii) a provision specifying the country
or countries with which the negotiations
will be conducted;
(iii) provisions specifying the negoti-
ating objectives to be sought in the nego-
tiations, taking into account the report of
the Commission submitted with respect to
the negotiations; and
(iv) a provision stating the date by
which the trade agreement will be con-
cluded; and
(B) the preauthorization bill is enacted
into law.
(4) APPLICABILITY OF TRADE PROMOTION PRO-
CEDURES.—The provisions of section 151 of the
Trade Act of 1974 (in this Act referred to as ‘‘trade
promotion procedures’’) apply to a preauthorization
bill of either House of Congress described in para-
graph (23)(A).
(5) EXTENSION
DISAPPROVAL
PROCESS
FOR
CONGRESSIONAL
TRADE
PROMOTION
PROCE-
DURES.—
(A) REPORT TO CONGRESS BY THE PRESI-
DENT.—If the President is of the opinion that
the date specified in a preauthorization bill
under paragraph (3) for conclusion of a trade
agreement should be extended, the President
shall submit to the Congress, not later than
ll days before the date specified in the
preauthorization bill, a written report that con-
tains a request for such extension, together
with—
(i) a description of the trade agree-
ment being negotiated and the date by
which negotiations to conclude such agree-
ment will be completed;
(ii) a description of the progress that
has been made in negotiations to achieve
the purposes, policies, and objectives of
this Act, and a statement that such
progress justifies the continuation of nego-
tiations; and
(iii) a statement of the reasons why
the extension is needed to complete the ne-
gotiations.
(B) REPORT TO CONGRESS BY THE ADVI-
SORY
COMMITTEE.—The 
President 
shall
promptly inform the Advisory Committee for
Trade Policy and Negotiations established
under section 135 of the Trade Act of 1974 (19
U.S.C. 2155) of the President’s decision to sub-
mit a report to the Congress under subpara-
graph (A). The Advisory Committee shall sub-
mit to the Congress as soon as practicable, but
not later than 1 month after being informed of
the President’s decision, a written report that
contains—
(i) its views regarding the progress
that has been made in negotiations to
achieve the negotiating objectives set forth
in the preauthorization bill enacted that
authorized the negotiations; and
(ii) a statement of its views, and the
reasons therefor, regarding whether the ex-
tension requested under subparagraph (A)
should be approved or disapproved.
(C) REPORTS MAY BE CLASSIFIED.—The
reports submitted to the Congress under sub-
paragraphs (A) and (B), or any portion of such
reports, may be classified to the extent the
President determines appropriate.
(D) EXTENSION
OF
NEGOTIATING
AU-
THORITY.—The 
date 
specified 
in 
a
preauthorization bill under paragraph (3) for
conclusion of a trade agreement shall be ex-
tended as specified in the President’s report to
Congress under subparagraph (A)(i) if neither
House of the Congress adopts an extension dis-
approval resolution before the date specified in
the preauthorization bill referred to in subpara-
graph (A).
(E) EXTENSION
DISAPPROVAL
RESOLU-
TIONS.—(i) For purposes of subparagraph (D),
the term ‘‘extension disapproval resolution’’
means a resolution of either House of the Con-
gress, the sole matter after the resolving clause
of which is as follows: ‘‘That the ll dis-
approves the request of the President for the
extension, under section 4(a)(5)(A) of the
Trade Negotiating Authority Act of 2001, to
ll, 2ll, of the negotiating authority with
respect to the trade agreement described in the
request submitted to the Congress on ll,
2ll.’’, with the first blank space being filled
with the name of the resolving House of the
Congress, and the second and third blank
spaces being filled with the appropriate dates.
(F) 
PROCEDURES.—(i) 
Extension 
dis-
approval resolutions—
(I) may be introduced in either House
of the Congress by any member of such
House; and
(II) shall be referred, in the House of
Representatives, to the Committee on
Ways and Means and, in addition, to the
Committee on Rules.
(ii) The provisions of sections 152 (d) and
(e) of the Trade Act of 1974 (19 U.S.C. 2192
(d) and (e)) (relating to the floor consideration
of certain resolutions in the House and Senate)
apply to extension disapproval resolutions.
(iii) It is not in order for—
(I) the Senate to consider any exten-
sion disapproval resolution not reported by
the Committee on Finance; or
(II) the House of Representatives to
consider any extension disapproval resolu-
tion not reported by the Committee on
Ways and Means and, in addition, by the
Committee on Rules.
(b) NOTICE AND CONSULTATION BEFORE NEGOTIA-
TION.—
(1) IN GENERAL.—The President, with respect
to any agreement that is subject to the provisions of
section 3(b), shall—
(A) in the case of any agreement not sub-
ject to subsection (a) of this section, provide, at
least 90 calendar days before initiating negotia-
tions, written notice to the Congress of the
President’s intention to enter into the negotia-
tions and set forth therein the date the Presi-
dent intends to initiate such negotiations, the
specific United States objectives for the nego-
tiations, and whether the President intends to
seek an agreement, or changes to an existing
agreement; and
(B) consult regarding the negotiations, be-
fore and after the date that is 90 calendar days
before initiating negotiations, with the Com-
mittee on Finance of the Senate and the Com-
mittee on Ways and Means of the House of
Representatives and such other committees of
the House and Senate as the President deems
appropriate.
(2) CONSULTATIONS
REGARDING
NEGOTIA-
TIONS ON CERTAIN OBJECTIVES.—
(A) CONSULTATION.—In addition to the
requirements set forth in subsection (a) and
paragraph (1), before initiating negotiations
with respect to a trade agreement subject to
section 3(b), where the subject matter of such
negotiations is directly related to the principal
trade negotiating objectives set forth in section
2(b)(1) or section 2(b)(7), the President shall
consult with the Committee on Ways and
Means of the House of Representatives and the
Committee on Finance of the Senate and with
the appropriate advisory groups established
under section 135 of the Trade Act of 1974
with respect to such negotiations.
(B) SCOPE.—The consultations described
in subparagraph (A) shall concern the manner
in which the negotiation will address the objec-
tive of reducing or eliminating a specific tariff
or nontariff barrier or foreign government pol-
icy or practice directly related to trade that de-
creases market opportunities for United States
exports or otherwise distorts United States
trade.
(3) 
NEGOTIATIONS
REGARDING
AGRI-
CULTURE.—(A) Before initiating negotiations the
subject matter of which is directly related to the
subject matter under section 2(b)(6)(A)(i) with any
country, the President shall assess whether United
States tariffs on agricultural products that were
bound under the Uruguay Round Agreements are
lower than the tariffs bound by that country. In ad-
dition, the President shall consider whether the tar-
iff levels bound and applied throughout the world
with respect to imports from the United States are
higher than United States tariffs and whether the
negotiation provides an opportunity to address any
such disparity. The President shall consult with the
Committee on Ways and Means and the Committee
on Agriculture of the House of Representatives and
the Committee on Finance and the Committee on
Agriculture, Nutrition, and Forestry of the Senate
concerning the results of the assessment, whether it
is appropriate for the United States to agree to fur-
ther tariff reductions based on the conclusions
reached in the assessment, and how all applicable
negotiating objectives will be met.
(B) Before initiating negotiations to reduce
United States tariffs on agricultural products which
the President determines to be import sensitive, the
President shall consult with the Committee on Ways
and Means and the Committee on Agriculture of the
House of Representatives and the Committee on Fi-
nance and the Committee on Agriculture, Nutrition,
and Forestry of the Senate concerning such tariff
reductions. The consultations shall include an as-
sessment of the impact of any tariff reduction on the
United States industry producing the product and
whether adjustment periods should be provided to
the industry. The President, with the advice of the
International Trade Commission, shall determine
which agricultural products are import sensitive.
(C) Before initiating negotiations with regard
to agriculture, the United States Trade Representa-
tive shall—
(i) identify those agricultural products sub-
ject to tariff reductions by the United States as
a result of the Uruguay Round Agreements, for
which the rate of duty was reduced on January
1, 1995, to a rate which was not less than 97.5
percent of the rate of duty that applied to such
article on December 31, 1994;
(ii) consult with the Committee on Ways
and Means of the House of Representatives and
the Committee on Finance of the Senate con-
cerning whether any further tariff reductions on
the products identified under clause (i) should
be appropriate, taking into account the impact
of any such tariff reduction on the United
States industry producing the product;
(iii) request that the International Trade
Commission prepare an assessment of the prob-
able economic effects of the tariff reduction on
the United States industry producing the prod-
uct and on the United States economy as a
whole; and
(iv) upon complying with clauses (i), (ii),
and (iii), notify the Committee on Ways and
Means of the House of Representatives and the
Committee on Finance of the Senate those
products identified in clause (i) for which the
Trade Representative intends to seek further
tariff liberalization in the negotiations.
(D) If, after negotiations described in subpara-
graph (C) are commenced—
(i) the United States Trade Representative
identifies any additional agricultural product
described in subparagraph (C)(i) for tariff re-
ductions which were not the subject of a notifi-
cation under subparagraph (C)(iv), or
(ii) any additional agricultural product de-
scribed in subparagraph (C)(i) is the subject of
a request for tariff reductions by a party to the
negotiations,
the Trade Representative shall notify the committees
referred to in subparagraph (C)(iv) as soon as prac-
ticable of those products.
(c) CONSULTATION
WITH
CONGRESS
BEFORE
AGREEMENTS ENTERED INTO.—
(1) CONSULTATION.—Before entering into any
trade agreement under section 3(b), the President
shall consult with—
(A) the Committee on Ways and Means of
the House of Representatives and the Com-
mittee on Finance of the Senate; and
(B) each other committee of the House
and the Senate, and each joint committee of the
Congress, which has jurisdiction over legislation
involving subject matters which would be af-
fected by the trade agreement.
(2) SCOPE.—The consultation described in
paragraph (1) shall include consultation with respect
to—
(A) the nature of the agreement;
(B) how and to what extent the agreement
will achieve the applicable purposes, policies,
and objectives of this Act; and
(C) the implementation of the agreement
under section 5, including the general effect of
the agreement on existing laws.
(d) ADVISORY COMMITTEE REPORTS.—The report
required under section 135(e)(1) of the Trade Act of 1974
regarding any trade agreement entered into under section
3 (a) or (b) of this Act shall be provided to the President,
the Congress, and the United States Trade Representative
not later than 30 days after the date on which the Presi-
dent notifies the Congress under section 3(a)(1) or
5(a)(1)(A) of the President’s intention to enter into the
agreement.
(e) ITC ASSESSMENT.—
(1) IN GENERAL.—The President, at least 90
calendar days before the day on which the President
enters into a trade agreement under section 3(b),
shall provide the International Trade Commission
(referred to in this subsection as ‘‘the Commission’’)
with the details of the agreement as it exists at that
time and request the Commission to prepare and
submit an assessment of the agreement as described
in paragraph (2). Between the time the President
makes the request under this paragraph and the
time the Commission submits the assessment, the
President shall keep the Commission current with
respect to the details of the agreement.
(2) ITC ASSESSMENT.—Not later than 90 cal-
endar days after the President enters into the agree-
ment, the Commission shall submit to the President
and Congress a report assessing the likely impact of
the agreement on the United States economy as a
whole and on specific industry sectors, including the
impact the agreement will have on the gross domes-
tic product, exports and imports, aggregate employ-
ment and employment opportunities, the production,
employment, and competitive position of industries
likely to be significantly affected by the agreement,
and the interests of United States consumers.
(3) REVIEW OF EMPIRICAL LITERATURE.—In
preparing the assessment, the Commission shall re-
view available economic assessments regarding the
agreement, including literature regarding any sub-
stantially equivalent proposed agreement, and shall
provide in its assessment a description of the anal-
yses used and conclusions drawn in such literature,
and a discussion of areas of consensus and diver-
gence between the various analyses and conclusions,
including those of the Commission regarding the
agreement.
SEC. 5. IMPLEMENTATION OF TRADE AGREEMENTS.
(a) IN GENERAL.—
(1) NOTIFICATION
AND
SUBMISSION.—Any
agreement entered into under section 3(b) shall
enter into force with respect to the United States if
(and only if)—
(A) in the case of a trade agreement en-
tered into other than under the auspices of the
World Trade Organization, a preauthorization
bill was enacted into law under section 4(a) and
any 
extension 
requested 
under 
section
4(a)(5)(A) became effective under section
4(a)(5)(E);
(B) the President, at least 90 calendar
days before the day on which the President en-
ters into the trade agreement, notifies the
House of Representatives and the Senate of the
President’s intention to enter into the agree-
ment, and promptly thereafter publishes notice
of such intention in the Federal Register;
(C) within 60 days after entering into the
agreement, the President submits to the Con-
gress a description of those changes to existing
laws that the President considers would be re-
quired in order to bring the United States into
compliance with the agreement;
(D) after entering into the agreement, the
President submits to the Congress a copy of the
final legal text of the agreement, together
with—
(i) a draft of an implementing bill de-
scribed in section paragraph (2);
(ii) a statement of any administrative
action proposed to implement the trade
agreement; and
(iii) the supporting information de-
scribed in paragraph (3); and
(E) the implementing bill is enacted into
law.
(2) BILLS QUALIFYING FOR TRADE AUTHORI-
TIES PROCEDURES.—The implementing bill referred
to in paragraph (1)(D)(i) is a bill of either House
of Congress consisting only of—
(A) a provision approving a trade agree-
ment entered into under section 3(b) and ap-
proving the statement of administrative action,
if any, proposed to implement such trade agree-
ment,
(B) provisions directly related to the prin-
cipal trade negotiating objectives set forth in
section 2(b) and the negotiating objectives set
forth in any preauthorization bill enacted under
section 4(a)(3) achieved in such trade agree-
ment, if those provisions are necessary for the
operation or implementation of United States
rights or obligations under such trade agree-
ment,
(C) provisions that define and clarify, or
provisions that are related to, the operation or
effect of the provisions of the trade agreement,
(D) provisions to provide adjustment as-
sistance to workers and firms adversely affected
by trade, and
(E) provisions necessary for purposes of
complying with section 252 of the Balanced
Budget and Emergency Deficit Control Act of
1985 in implementing the trade agreement,
The provisions of section 151 of the Trade Act of
1974 (in this Act referred to as ‘‘trade promotion
procedures’’) apply to implementing bills under this
paragraph to the same extent as such section 151
applies to implementing bills under that section. A
bill to which this paragraph applies shall hereafter
in this Act be referred to as an ‘‘implementing bill’’.
(3) SUPPORTING
INFORMATION.—The sup-
porting information required under paragraph
(1)(D)(iii) consists of—
(A) an explanation as to how the imple-
menting bill and proposed administrative action
will change or affect existing law; and
(B) a statement—
(i) asserting that the agreement
makes progress in achieving the applicable
purposes, policies, and objectives of this
Act; and
(ii) setting forth the reasons of the
President regarding—
(I) how and to what extent the
agreement makes progress in achiev-
ing the applicable purposes, policies,
and objectives referred to in clause (i);
(II) whether and how the agree-
ment changes provisions of an agree-
ment previously negotiated;
(III) how the agreement serves
the interests of United States com-
merce; and
(IV) how the implementing bill
meets the standards set forth in para-
graph (2).
(4) RECIPROCAL BENEFITS.—In order to en-
sure that a foreign country that is not a party to a
trade agreement entered into under section 3(b)
does not receive benefits under the agreement unless
the country is also subject to the obligations under
the agreement, the implementing bill submitted with
respect to the agreement shall provide that the bene-
fits and obligations under the agreement apply only
to the parties to the agreement, if such application
is consistent with the terms of the agreement. The
implementing bill may also provide that the benefits
and obligations under the agreement do not apply
uniformly to all parties to the agreement, if such ap-
plication is consistent with the terms of the agree-
ment.
(b) LIMITATIONS
ON TRADE PROMOTION PROCE-
DURES.—
(1) FOR
LACK
OF
NOTICE
OR
CONSULTA-
TIONS.—
(A) IN
GENERAL.—The trade promotion
procedures shall not apply to any implementing
bill submitted with respect to a trade agreement
entered into under section 3(b) if during the
60-day period beginning on the date that one
House of Congress agrees to a procedural dis-
approval resolution for lack of notice or con-
sultations with respect to that trade agreement,
the other House separately agrees to a proce-
dural disapproval resolution with respect to that
agreement.
(B) PROCEDURAL DISAPPROVAL RESOLU-
TION.—For purposes of this paragraph, the
term ‘‘procedural disapproval resolution’’ means
a resolution of either House of Congress, the
sole matter after the resolving clause of which
is as follows: ‘‘That the President has failed or
refused to notify or consult (as the case may
be) with Congress in accordance with section 4
(b) or (c) or section 5 of the Trade Negotiating
Authority Act of 2001 on negotiations with re-
spect to llllll and, therefore, the trade
promotion procedures under that Act shall not
apply to any implementing bill submitted with
respect to that trade agreement.’’, with the
blank space being filled with a description of
the trade agreement with respect to which the
President is considered to have failed or refused
to notify or consult.
(2) PROCEDURES FOR CONSIDERING RESOLU-
TIONS.—(A) Procedural disapproval resolutions—
(i) in the House of Representatives—
(I) shall be introduced by the chair-
man or ranking minority member of the
Committee on Ways and Means or the
chairman or ranking minority member of
the Committee on Rules;
(II) shall be referred to the Com-
mittee on Ways and Means and, in addi-
tion, to the Committee on Rules; and
(III) may not be amended by either
Committee; and
(ii) in the Senate shall be original resolu-
tions of the Committee on Finance.
(B) The provisions of section 152 (d) and (e)
of the Trade Act of 1974 (19 U.S.C. 2192 (d) and
(e)) (relating to the floor consideration of certain
resolutions in the House and Senate) apply to proce-
dural disapproval resolutions.
(C) It is not in order for the House of Rep-
resentatives to consider any procedural disapproval
resolution not reported by the Committee on Ways
and Means and, in addition, by the Committee on
Rules.
(c) RULES OF HOUSE OF REPRESENTATIVES AND
SENATE.—Subsection (b) of this section and section
4(a)(5) are enacted by the Congress—
(1) as an exercise of the rulemaking power of
the House of Representatives and the Senate, re-
spectively, and as such are deemed a part of the
rules of each House, respectively, and such proce-
dures supersede other rules only to the extent that
they are inconsistent with such other rules; and
(2) with the full recognition of the constitu-
tional right of either House to change the rules (so
far as relating to the procedures of that House) at
any time, in the same manner, and to the same ex-
tent as any other rule of that House.
SEC. 6. TREATMENT OF CERTAIN TRADE AGREEMENTS.
(a) CERTAIN AGREEMENTS.—Notwithstanding sec-
tion 3(b)(2), if an agreement to which section 3(b) applies
is entered into with Jordan or Vietnam, and results from
negotiations that were commenced before the date of the
enactment of this Act, subsection (b) shall apply.
(b) TREATMENT OF AGREEMENTS.—In the case of
any agreement to which subsection (a) applies—
(1) the applicability of the trade promotion pro-
cedures to implementing bills shall be determined
without regard to the requirements of section 4 (a)
or (b), and any procedural disapproval resolution
under section 5(b)(1)(B) shall not be in order on the
basis of a failure or refusal to comply with the provi-
sions of section 4 (a) or (b); and
(2) the President shall consult regarding the
negotiations described in subsection (a) with the
committees described in section 4(b)(1)(B) as soon
as feasible after the enactment of this Act.
(c) MULTILATERAL AGREEMENT ON INVESTMENT.—
Notwithstanding any other provision of this Act, the trade
promotion procedures shall not apply to the Multilateral
Agreement on Investment concluded under the auspices
of the Organization for Economic Cooperation and Devel-
opment.
SEC. 7. CONGRESSIONAL OVERSIGHT GROUPS.
(a) APPOINTMENT AND FUNCTIONS.—Not later than
60 days before initiating negotiations with respect to any
agreement that is subject to the provisions of section
3(b)—
(1) the Speaker of the House of Representa-
tives, upon the recommendation of the chairman of
the Committee on Ways and Means, shall appoint 5
members (not more than 3 of whom are members
of the same political party) of such committee, and
(2) the President pro tempore of the Senate,
upon the recommendation of the chairman of the
Committee on Finance, shall appoint 5 members
(not more than 3 of whom are members of the same
political party) of such committee,
to serve as members of a Congressional Oversight Group
for the negotiations. Each such member shall be accred-
ited by the United States Trade Representative on behalf
of the President as official advisers to the United States
delegation in the negotiations. Members of the Congres-
sional Oversight Group shall consult with and provide ad-
vice to the Trade Representative regarding the formula-
tion of specific objectives, negotiating strategies and posi-
tions, and the development of the trade agreement.
(b) ADDITIONAL MEMBERS.—
(1) AUTHORITY TO APPOINT.—In addition to
the members designated under subsection (a) for a
Congressional Oversight Group—
(A) the Speaker of the House of Rep-
resentatives may appoint additional members of
the House from any other committee of the
House or joint committee of Congress to serve
as members of the Congressional Oversight
Group; and
(B) the President pro tempore of the Sen-
ate may appoint additional members of the Sen-
ate from any other committee of the Senate or
joint committee of Congress to serve as mem-
bers of the Congressional Oversight Group.
Members of the House and Senate appointed under
this paragraph shall be accredited by the United
States Trade Representative.
(2) CONSULTATIONS.—Before designating any
member under paragraph (1), the Speaker or the
President pro tempore shall consult with—
(A) the chairman and ranking minority
member of the Committee on Ways and Means
and the Committee on Finance, as appropriate;
and
(B) the chairman and ranking minority
member of the committee from which the mem-
ber will be appointed.
(3) AFFILIATION.—Not more than 2 members
may be appointed under this subsection as members
of any Congressional Oversight Group from any 1
committee of Congress. If 2 members are appointed
from 1 committee, they must be from different polit-
ical parties, and the total members from any polit-
ical party appointed under this subsection for any
Congressional Oversight Group may not exceed the
total number of members from any other political
party.
(c) GUIDELINES.—
(1) PURPOSE AND REVISION.—Within 120 days
after the date of the enactment of this Act, the
United States Trade Representative shall develop
written guidelines, in consultation with the chairmen
and ranking minority members of the Committee on
Ways and Means of the House of Representatives
and the Committee on Finance of the Senate, to fa-
cilitate the useful and timely exchange of informa-
tion between the Trade Representative and the Con-
gressional Oversight Groups established under this
section. The Trade Representative may revise the
guidelines from time to time as needed following fur-
ther such consultation.
(2) CONTENT.—The guidelines developed under
paragraph (1) shall provide for, among other
things—
(A) regular, detailed briefings of each Con-
gressional Oversight Group regarding negoti-
ating objectives and positions and status of the
negotiations with respect to which the group
was appointed, beginning as soon as practicable
after the appointment of the members of the
group, with more frequent briefings as trade
negotiations enter the final stage;
(B) access by members of each Congres-
sional Oversight Group, and staff with proper
security clearances, to pertinent documents re-
lating to the negotiations, including classified
materials; and
(C) the closest practicable coordination be-
tween the Trade Representative and each Con-
gressional Oversight Group at all critical peri-
ods during the negotiations, including at nego-
tiation sites.
SEC. 8. ADDITIONAL IMPLEMENTATION AND ENFORCE-
MENT REQUIREMENTS.
(a) IN GENERAL.—At the time the President submits
the final text of an agreement pursuant to section
5(a)(1)(D), the President shall also submit a plan for im-
plementing and enforcing the agreement. The implementa-
tion and enforcement plan shall include the following:
(1) BORDER
PERSONNEL
REQUIREMENTS.—A
description of additional personnel required at bor-
der entry points, including a list of additional cus-
toms and agricultural inspectors.
(2) AGENCY STAFFING REQUIREMENTS.—A de-
scription of additional personnel required by Federal
agencies responsible for monitoring and imple-
menting the trade agreement, including personnel
required by the Office of the United States Trade
Representative, the Department of Commerce, the
Department of Agriculture, and the Department of
the Treasury.
(3) 
CUSTOMS
INFRASTRUCTURE
REQUIRE-
MENTS.—A description of the additional equipment
and facilities needed by the United States Customs
Service.
(4) IMPACT
ON
STATE
AND
LOCAL
GOVERN-
MENTS.—A description of the impact the trade
agreement will have on State and local governments
as a result of increases in trade.
(5) COST ANALYSIS.—An analysis of the costs
associated with each of the items listed in para-
graphs (1) through (4).
(b) BUDGET SUBMISSION.—The President shall in-
clude a request for the resources necessary to support the
plan described in subsection (a) in the first budget the
President submits to Congress after the submission of the
plan.
SEC. 9. COMMISSION ON LABOR AND THE ENVIRONMENT
(a) ESTABLISHMENT.—There is established the Com-
mission on Labor and the Environment (in this section
referred to as the ‘‘Commission’’).
(b) DUTIES
OF
COMMISSION.—The Commission
shall—
(1) carry out section 4(a)(2) of this Act fol-
lowing the notification of the President under sec-
tion 4(a)(1); and
(2) prepare reports on the laws of any country
that relate to worker rights or protection of the envi-
ronment, pursuant to resolution of either the Com-
mittee on Ways and Means of the House of Rep-
resentatives or the Committee on Finance of the
Senate.
(c) MEMBERSHIP.—
(1) NUMBER AND APPOINTMENT.—The Com-
mission shall be composed of 12 members appointed
by the President as follows:
(A) 3 members who shall be appointed
from among officers and employees of the Of-
fice of the United States Trade Representative
who have expertise in labor and environmental
issues.
(B) 3 members who shall be appointed
from among officers and employees of the Envi-
ronmental Protection Agency.
(C) 3 members who shall be appointed
from among officers and employees of the De-
partment of Labor.
(D) 1 member who shall be a representa-
tive of the business community.
(E) 1 member who shall be a representa-
tive of labor organizations.
(F) 1 member who shall be a representa-
tive of nongovernmental organizations with ex-
pertise in environmental issues.
(2) CONTINUATION
OF
MEMBERSHIP.—If a
member was appointed to the Commission as an of-
ficer or employee of an agency and the member
ceases to be such an officer or employee, or was ap-
pointed under subparagraph (D), (E), or (F) of
paragraph (1) and ceases to be representative of the
group he or she was chosen to represent, that mem-
ber may continue as a member for not longer than
the 30-day period beginning on the date that mem-
ber ceases to be such an officer or employee or such
a representative, as the case may be.
(3) TERMS.—
(A) IN GENERAL.—Each member shall be
appointed for a term of 4 years, except as pro-
vided in subparagraphs (B) and (C).
(B) TERMS OF INITIAL APPOINTEES.—As
designated by the President at the time of ap-
pointment, of the members first appointed—
(i) 3 shall be appointed for terms of
1 year;
(ii) 3 shall be appointed for terms of
2 years; and
(iii) 3 shall be appointed for terms of
3 years.
(C) VACANCIES.—Any member appointed
to fill a vacancy occurring before the expiration
of the term for which the member’s predecessor
was appointed shall be appointed only for the
remainder of that term. A member may serve
after the expiration of that member’s term until
a successor has taken office. A vacancy in the
Commission shall be filled in the manner in
which the original appointment was made.
(4) BASIC PAY.—
(A) RATES OF PAY.—Except as provided
in subparagraph (B), members shall each be
paid the daily equivalent of the annual rate of
basic pay for level V of the Executive Schedule
for each day (including travel time) during
which they are engaged in the actual perform-
ance of duties vested in the Commission.
(B) PROHIBITION OF COMPENSATION OF
FEDERAL EMPLOYEES.—Members of the Com-
mission who are full-time officers or employees
of the United States may not receive additional
pay, allowances, or benefits by reason of their
service on the Commission.
(C) TRAVEL
EXPENSES.—Each member
shall receive travel expenses, including per diem
in lieu of subsistence, in accordance with appli-
cable provisions under subchapter I of chapter
57 of title 5, United States Code.
(5) QUORUM.—7 members of the Commission
shall constitute a quorum but a lesser number may
hold hearings.
(6) CHAIRPERSON.—The Chairperson of the
Commission shall be designated by the President at
the time of the appointment. The term of office of
the Chairperson shall be 2 years.
(7) MEETINGS.—The Commission shall meet at
the call of the Chairperson or a majority of its mem-
bers.
(d) COMMISSION PERSONNEL MATTERS.—
(1) IN GENERAL.—The Commission may, with-
out regard to the civil service laws and regulations,
appoint and terminate an Executive Director and
such other additional personnel as may be necessary
to enable the Commission to perform its duties.
(2) COMPENSATION.—The Commission may fix
the compensation of the Executive Director and
other personnel without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title
5, United States Code, relating to classification of
positions and General Schedule pay rates, except
that the rate of pay for the Executive Director and
other personnel may not exceed the rate payable for
level V of the Executive Schedule under section 5316
of such title.
(3) STAFF AND SERVICES OF OTHER FEDERAL
AGENCIES.—Upon the request of the Commission,
the head of any Federal department or agency may
detail, on a reimbursable or nonreimbursable basis,
any of the personnel of that department or agency
to the Commission to assist it in carrying out its
functions. The detail of any such personnel shall be
without interruption or loss of civil service or For-
eign Service status or privilege.
(4) EXPERTS AND CONSULTANTS.—The Com-
mission may procure temporary and intermittent
services under section 3109(b) of title 5, United
States Code, but at rates for individuals not to ex-
ceed the daily equivalent of the annual rate of pay
payable level V of the Executive Schedule under sec-
tion 5316 of such title.
(e) POWERS OF COMMISSION.—
(1) HEARINGS AND SESSIONS.—The Commis-
sion may, for the purpose of carrying out its func-
tions, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commis-
sion considers appropriate.
(2) INFORMATION FROM FEDERAL AGENCIES.—
The Commission may secure directly from any Fed-
eral department or agency such information as the
Commission considers necessary to carry out the
provisions of this section. Upon request of the Chair-
person of the Commission, the head of such depart-
ment or agency shall furnish such information to the
Commission, subject to applicable law.
(3) POSTAL SERVICES.—The Commission may
use the United States mails in the same manner and
under the same conditions as other departments and
agencies of the Federal Government.
(4) ADMINISTRATIVE PROCEDURES.—The Com-
mission may adopt such rules and regulations, relat-
ing to administrative procedure, as may be reason-
ably necessary to enable it to carry out its functions.
(5) POWERS OF MEMBERS AND AGENTS.—Any
member or agent of the Commission may, if author-
ized by the Commission, take any action which the
Commission is authorized to take by this subsection.
(6) GIFTS, BEQUESTS, AND
DEVISES.—The
Commission may accept, use, and dispose of gifts,
bequests, or devises of services or property, both real
and personal, for the purpose of aiding or facili-
tating the work of the Commission. Gifts, bequests,
or devises of money and proceeds from sales of other
property received as gifts, bequests, or devises shall
be deposited in the Treasury and shall be available
for disbursement upon order of the Commission. For
purposes of Federal income, estate, and gift taxes,
property accepted under this subsection shall be con-
sidered as a gift, bequest, or devise to the United
States.
(7) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the Commission, the Adminis-
trator of General Services shall provide to the Com-
mission, on a reimbursable basis, the administrative
support services necessary for the Commission to
carry out its functions.
(8) CONTRACT AUTHORITY.—To the extent or
in the amounts provided in advance in appropriation
Acts, the Commission may contract with and com-
pensate government and private agencies or persons
for the conduct of activities necessary to the dis-
charge of its functions.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated such sums as may be nec-
essary to carry out this section.
SEC. 10. CONFORMING AMENDMENTS.
(a) IN GENERAL.—Title I of the Trade Act of 1974
(19 U.S.C. 2111 et seq.) is amended as follows:
(1) IMPLEMENTING BILL.—
(A) 
Section 
151(b)(1) 
(19 
U.S.C.
2191(b)(1)) is amended by striking ‘‘, section
1103(a)(1) of the Omnibus Trade and Competi-
tiveness Act of 1988,’’.
(B) 
Section 
151(c)(1) 
(19 
U.S.C.
2191(c)(1)) is amended by striking ‘‘or section
282 of the Uruguay Round Agreements Act’’
and inserting ‘‘, section 282 of the Uruguay
Round Agreements Act, or section 5(a)(1) of
the Trade Negotiating Authority Act of 2001’’.
(2) ADVICE FROM INTERNATIONAL TRADE COM-
MISSION.—Section 
131 
(19 
U.S.C. 
2151) 
is
amended—
(A) in subsection (a)—
(i) in paragraph (1), by striking ‘‘sec-
tion 123 of this Act or section 1102 (a) or
(c) of the Omnibus Trade and Competitive-
ness Act of 1988,’’ and inserting ‘‘section
123 of this Act or section 3 (a) or (b) of
the Trade Negotiating Authority Act of
2001,’’; and
(ii) in paragraph (2), by striking ‘‘sec-
tion 1102 (b) or (c) of the Omnibus Trade
and Competitiveness Act of 1988’’ and in-
serting ‘‘section 3(b) of the Trade Negoti-
ating Authority Act of 2001’’;
(B) in subsection (b), by striking ‘‘section
1102(a)(3)(A)’’ 
and 
inserting 
‘‘section
3(a)(3)(A) of the Trade Negotiating Authority
Act of 2001’’ before the end period; and
(C) in subsection (c), by striking ‘‘section
1102 of the Omnibus Trade and Competitive-
ness Act of 1988,’’ and inserting ‘‘section 3 of
the Trade Negotiating Authority Act of 2001,’’.
(3) HEARINGS
AND
ADVICE.—Sections 132,
133(a), and 134(a) (19 U.S.C. 2152, 2153(a), and
2154(a)) are each amended by striking ‘‘section
1102 of the Omnibus Trade and Competitiveness
Act of 1988,’’ each place it appears and inserting
‘‘section 3 of the Trade Negotiating Authority Act
of 2001,’’.
(4) PREREQUISITES
FOR
OFFERS.—Section
134(b) (19 U.S.C. 2154(b)) is amended by striking
‘‘section 1102 of the Omnibus Trade and Competi-
tiveness Act of 1988’’ and inserting ‘‘section 3 of the
Trade Negotiating Authority Act of 2001’’.
(5) ADVICE FROM PRIVATE AND PUBLIC SEC-
TORS.—Section 135 (19 U.S.C. 2155) is amended—
(A) in subsection (a)(1)(A), by striking
‘‘section 1102 of the Omnibus Trade and Com-
petitiveness Act of 1988’’ and inserting ‘‘section
3 of the Trade Negotiating Authority Act of
2001’’;
(B) in subsection (e)(1)—
(i) by striking ‘‘section 1102 of the
Omnibus Trade and Competitiveness Act
of 1988’’ each place it appears and insert-
ing ‘‘section 3 of the Trade Negotiating
Authority Act of 2001’’; and
(ii) by striking ‘‘section 1103(a)(1)(A)
of such Act of 1988’’ and inserting ‘‘sec-
tion 5(a)(1)(B) of the Trade Negotiating
Authority Act of 2001’’; and
(C) in subsection (e)(2), by striking ‘‘sec-
tion 1101 of the Omnibus Trade and Competi-
tiveness Act of 1988’’ and inserting ‘‘section 2
of the Trade Negotiating Authority Act of
2001’’.
(B) a partnership, corporation, or other
legal entity organized under the laws of the
United States; and
(C) a partnership, corporation, or other
legal entity that is organized under the laws of
a foreign country and is controlled by entities
described in subparagraph (B) or United States
citizens, or both.
(2) URUGUAY ROUND AGREEMENTS.—The term
‘‘Uruguay Round Agreements’’ has the meaning
given that term in section 2(7) of the Uruguay
Round Agreements Act (19 U.S.C. 3501(7)).
(3) WORLD TRADE ORGANIZATION.—The term
‘‘World Trade Organization’’ means the organization
established pursuant to the WTO Agreement.
(4) WTO 
AGREEMENT.—The term ‘‘WTO
Agreement’’ means the Agreement Establishing the
World Trade Organization entered into on April 15,
1994.
Æ