H. R. 3009—72
(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 Rep-
resentatives 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 acceler-
ated the implementation of, its obligations under the Uruguay
Round Agreements.
SEC. 2103. TRADE AGREEMENTS AUTHORITY.
(a) AGREEMENTS REGARDING TARIFF BARRIERS.—
(1) IN GENERAL.—Whenever the President determines that
one or more existing duties or other import restrictions of
any foreign country or the United States are unduly burdening
and restricting the foreign trade of the United States and
that the purposes, policies, priorities, and objectives of this
title will be promoted thereby, the President—
(A) may enter into trade agreements with foreign coun-
tries before—
(i) June 1, 2005; or
(ii) June 1, 2007, if trade authorities procedures
are extended under subsection (c); and
(B) may, subject to paragraphs (2) and (3), proclaim—
(i) such modification or continuance of any existing
duty,
(ii) such continuance of existing duty-free or excise
treatment, or
(iii) such additional duties,
as the President determines to be required or appropriate
to carry out any such trade agreement.
The President shall notify the Congress of the President’s
intention to enter into an agreement under this subsection.
(2) LIMITATIONS.—No proclamation may be made under
paragraph (1) that—
(A) reduces any rate of duty (other than a rate of
duty that does not exceed 5 percent ad valorem on the
date of the enactment of this Act) to a rate of duty which
is less than 50 percent of the rate of such duty that applies
on such date of enactment;
(B) reduces the rate of duty below that applicable
under the Uruguay Round Agreements, on any import sen-
sitive agricultural product; or
(C) increases any rate of duty above the rate that
applied on the date of the enactment of this Act.
(3) AGGREGATE REDUCTION; EXEMPTION FROM STAGING.—
(A) AGGREGATE
REDUCTION.—Except as provided in
subparagraph (B), the aggregate reduction in the rate of
duty on any article which is in effect on any day pursuant
to a trade agreement entered into under paragraph (1)
shall not exceed the aggregate reduction which would have
been in effect on such day if—
H. R. 3009—73
(i) a reduction of 3 percent ad valorem or a reduc-
tion of one-tenth of the total reduction, whichever is
greater, had taken effect on the effective date of the
first reduction proclaimed under paragraph (1) to carry
out such agreement with respect to such article; and
(ii) a reduction equal to the amount applicable
under clause (i) had taken effect at 1-year intervals
after the effective date of such first reduction.
(B) EXEMPTION FROM STAGING.—No staging is required
under subparagraph (A) with respect to a duty reduction
that is proclaimed under paragraph (1) for an article of
a kind that is not produced in the United States. The
United States International Trade Commission shall advise
the President of the identity of articles that may be
exempted from staging under this subparagraph.
(4) ROUNDING.—If the President determines that such
action will simplify the computation of reductions under para-
graph (3), the President may round an annual reduction by
an amount equal to the lesser of—
(A) the difference between the reduction without regard
to this paragraph and the next lower whole number; or
(B) one-half of 1 percent ad valorem.
(5) OTHER
LIMITATIONS.—A rate of duty reduction that
may not be proclaimed by reason of paragraph (2) may take
effect only if a provision authorizing such reduction is included
within an implementing bill provided for under section 2105
and that bill is enacted into law.
(6) OTHER TARIFF MODIFICATIONS.—Notwithstanding para-
graphs (1)(B), (2)(A), (2)(C), and (3) through (5), and subject
to the consultation and layover requirements of section 115
of the Uruguay Round Agreements Act, the President may
proclaim the modification of any duty or staged rate reduction
of any duty set forth in Schedule XX, as defined in section
2(5) of that Act, if the United States agrees to such modification
or staged rate reduction in a negotiation for the reciprocal
elimination or harmonization of duties under the auspices of
the World Trade Organization.
(7) AUTHORITY UNDER URUGUAY ROUND AGREEMENTS ACT
NOT
AFFECTED.—Nothing in this subsection shall limit the
authority provided to the President under section 111(b) of
the Uruguay Round Agreements Act (19 U.S.C. 3521(b)).
(b) AGREEMENTS REGARDING TARIFF
AND NONTARIFF BAR-
RIERS.—
(1) IN GENERAL.—(A) Whenever the President determines
that—
(i) one or more existing duties or any other import
restriction of any foreign country or the United States
or any other barrier to, or other distortion of, international
trade unduly burdens or restricts the foreign trade of the
United States or adversely affects the United States
economy, or
(ii) the imposition of any such barrier or distortion
is likely to result in such a burden, restriction, or effect,
and that the purposes, policies, priorities, and objectives of
this title will be promoted thereby, the President may enter
into a trade agreement described in subparagraph (B) during
the period described in subparagraph (C).
H. R. 3009—74
(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.
(C) The President may enter into a trade agreement under
this paragraph before—
(i) June 1, 2005; or
(ii) June 1, 2007, if trade authorities procedures are
extended under subsection (c).
(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 2102(a)
and (b) and the President satisfies the conditions set forth
in section 2104.
(3) BILLS
QUALIFYING
FOR
TRADE
AUTHORITIES
PROCE-
DURES.—(A) The provisions of section 151 of the Trade Act
of 1974 (in this title referred to as ‘‘trade authorities proce-
dures’’) apply to a bill of either House of Congress which con-
tains provisions described in subparagraph (B) to the same
extent as such section 151 applies to implementing bills under
that section. A bill to which this paragraph applies shall here-
after in this title be referred to as an ‘‘implementing bill’’.
(B) The provisions referred to in subparagraph (A) are—
(i) a provision approving a trade agreement entered
into under this subsection and approving the statement
of administrative action, if any, proposed to implement
such trade agreement; and
(ii) if changes in existing laws or new statutory
authority are required to implement such trade agreement
or agreements, provisions, necessary or appropriate to
implement such trade agreement or agreements, either
repealing or amending existing laws or providing new
statutory authority.
(c) EXTENSION
DISAPPROVAL
PROCESS
FOR
CONGRESSIONAL
TRADE AUTHORITIES PROCEDURES.—
(1) IN GENERAL.—Except as provided in section 2105(b)—
(A) the trade authorities procedures apply to imple-
menting bills submitted with respect to trade agreements
entered into under subsection (b) before July 1, 2005; and
(B) the trade authorities procedures shall be extended
to implementing bills submitted with respect to trade agree-
ments entered into under subsection (b) after June 30,
2005, and before July 1, 2007, if (and only if)—
(i) the President requests such extension under
paragraph (2); and
(ii) neither House of the Congress adopts an exten-
sion disapproval resolution under paragraph (5) before
June 1, 2005.
(2) REPORT TO CONGRESS BY THE PRESIDENT.—If the Presi-
dent is of the opinion that the trade authorities procedures
should be extended to implementing bills described in para-
graph (1)(B), the President shall submit to the Congress, not
later than March 1, 2005, a written report that contains a
request for such extension, together with—
H. R. 3009—75
(A) a description of all trade agreements that have
been negotiated under subsection (b) and the anticipated
schedule for submitting such agreements to the Congress
for approval;
(B) a description of the progress that has been made
in negotiations to achieve the purposes, policies, priorities,
and objectives of this title, and a statement that such
progress justifies the continuation of negotiations; and
(C) a statement of the reasons why the extension is
needed to complete the negotiations.
(3) OTHER REPORTS TO CONGRESS.—
(A) REPORT BY THE ADVISORY COMMITTEE.—The Presi-
dent shall promptly inform the Advisory Committee for
Trade Policy and Negotiations established under section
135 of the Trade Act of 1974 (19 U.S.C. 2155) of the
President’s decision to submit a report to the Congress
under paragraph (2). The Advisory Committee shall submit
to the Congress as soon as practicable, but not later than
May 1, 2005, a written report that contains—
(i) its views regarding the progress that has been
made in negotiations to achieve the purposes, policies,
priorities, and objectives of this title; and
(ii) a statement of its views, and the reasons
therefor, regarding whether the extension requested
under paragraph (2) should be approved or dis-
approved.
(B) REPORT
BY
ITC.—The President shall promptly
inform the International Trade Commission of the Presi-
dent’s decision to submit a report to the Congress under
paragraph (2). The International Trade Commission shall
submit to the Congress as soon as practicable, but not
later than May 1, 2005, a written report that contains
a review and analysis of the economic impact on the United
States of all trade agreements implemented between the
date of enactment of this Act and the date on which the
President decides to seek an extension requested under
paragraph (2).
(4) STATUS
OF
REPORTS.—The reports submitted to the
Congress under paragraphs (2) and (3), or any portion of such
reports, may be classified to the extent the President deter-
mines appropriate.
(5) EXTENSION DISAPPROVAL RESOLUTIONS.—(A) For pur-
poses of paragraph (1), the term ‘‘extension disapproval resolu-
tion’’ means a resolution of either House of the Congress, the
sole matter after the resolving clause of which is as follows:
‘‘That the ll disapproves the request of the President for
the extension, under section 2103(c)(1)(B)(i) of the Bipartisan
Trade Promotion Authority Act of 2002, of the trade authorities
procedures under that Act to any implementing bill submitted
with respect to any trade agreement entered into under section
2103(b) of that Act after June 30, 2005.’’, with the blank space
being filled with the name of the resolving House of the Con-
gress.
(B) Extension disapproval resolutions—
(i) may be introduced in either House of the Congress
by any member of such House; and